06/05/2018

[0:00:00] [Music] please remain standing after that for the pledge of allegiance that will be led by all of his name heavenly father lord we thank you for this bright and beautiful day lord we thank you for the cool weather that's come in that's so that we can enjoy it lord lord i pray that uh we would just model you in our everyday life and everything we say and think and do lord let it be a result of your influence on us in your name we pray amen i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all okay first on the agenda this evening is approval minutes we're gonna have we have two meetings to approve the first one is for the may 15 2018 meeting mr mayor we approved the minutes of the regular meeting of may 15 to 2018 within the addition of deletions for correction we have a motion balance in pain second ballroom and brooks is there any discussions hearing none we're all called please yes ma'am that motion carries uh next i'll entertain a motion for the minutes to pray the minutes for the may 31 meeting mr mayor i'm about to approve the minutes for the specially called meeting on may 31st within the additions deletion for crashes second have a motion by payne second ballroom and brooks is there any discussion hearing non-roll call

[0:02:03] yes yes okay then motion carries next on the agenda is the 2018 through 2022 parks enhancement and expansion plan uh we had a special meeting on may 31st to discuss this issue as we talked about then just this year the state legislature reinstated the tourism tax restaurant tourism tax in our city which must be used for parks and recreation or tourism so that money has been used to fund park enhancements so as we received a reinstatement of that revenue we wanted to get together and revise our plan for the next four years so that's what the medial main 31 was about so tonight what we decided to do instead of doing like we did in 2014 we decided to take each individual issue and let the board vote if they agree to support that expenditure the reason this is important as i stated on may 31 that's very efficient for the city to know you know what we're going to do so we create some type of unity in our plan we don't want to spend money designing projects that are never going to occur also timing is an issue some of these projects take a long time to design we don't want to waste that time and waste money if it's not something that the board of aldermen is going to approve so that's the purpose of having an agreement to support the items that are listed on there are the items that were discussed on may 31 so we'll start with item a i'll entertain a motion to approve the arena floor leveling you'll notice excuse me just a second you'll notice that we won't go into a bunch of detail about exactly what the projects are that's been heavily discussed in the past it was heavily discussed on may 31.

[0:04:05] obviously if there's any questions among the board please stop i'll be glad to clarify or answer any questions about that mr mayor i know that we approve the arena floor leveling um as presented for the fiscal year 2018. second mayor i had a quick question i wanted to ask can you say something we have a motion by alderman brooks a second by alderman gallagher now open up the floor for discussion uh you said that we you thought once we leveled the floor or something we could bring back some things what are you envisioning that we might be able to bring back over there with the added floor space and that kind of just having the general multi-use ability again specifically no no specific events obviously the flea market was discussed they're still even with a level floor there's still some challenges about having a flea market there due to scheduling challenges with volleyball but it gives us more options to give us more flexibility where you don't have to move the court so like with the floor being leveled you can move the volleyball courts to the back which opens up much space in the front without having to move the courts at all and that way you could have you know trade shows you know just basically multi-use again where you're not having to have traffic on the volleyball do you think anybody can have that like the fire department safety day you know when they bring their fire trucks in would there be any way to do something like that or you know you think you think that would be used i'm not aware of any reason at this point that it would cause a problem that the issue that was discussed you know the volleyball floor can be taken up and down but it cannot withstand the weight of vehicular traffic so you know if we're able to move the courts then the area that does not have the floor should be conducive to bringing vehicles in so it's definitely something to entertain any other discussion about item a hearing non-roll call yes

[0:06:12] yes okay now motion carries now we'll move on to item b uh is there a motion uh to entertain the agreement to support the springfest pavement and bankplus amphitheater parking lot mr ray i'll make that motion second we have a motion by alderman wheeler second autumn at hoots i'll start the discussion i changed my mind i am going to give a brief uh overview of what everything is again i thought y'all were going to make me shut up tonight um this basically is a spring fest area for the people in the audience that have not heard this before you know obviously anyone that's ever been to springfest knows that if it's going to rain one day in the year it's going to rain on spring fest so we have a mud pit out there every year so what this plan will do is pave the area where the barbecue teams are it's not just going to be a you know a flat parking lot it's going to be one that will have a landscaping will be very beautiful it also will double as a parking lot for amphitheater events also could be used for rvs you know we have uh the tourism draw that we have with baseball a lot of people choose to bring their rvs this would be another place where they can park they would have electricity so we believe it's a very efficient use of the money is there any other discussion hearing non-roll call yes all right next on the agenda is item c this is a soccer field uh new soccer field expansion at snowden grove park agreement to support can i have a motion to open discussion about that mr marymouth we approve the soccer field expansion student growth for fiscal year 18 as presented we have a motion balance brook second daughter and wheeler a quick overview of this

[0:08:14] this is to expand our soccer operation right now we have soccer fields on the western end of our city on state lawn road that we've that's been the location of our soccer in the city um what we're trying to do here is bring additional soccer fields to the snowden grove area which is a more central location in higher demand we've been told we've asked a lot of questions we can pull this plan out of our hip pocket we've asked a lot of questions of people that understand the soccer draw and we know that we're losing the ability to have soccer tournaments in our city now because of the location of our park this there is misinformation some choose to continue to churn misinformation so i got the camera running you hear me you'll hear me and see me say it this is not to replace the soccer fields in existence now it's to add additional soccer fields that will enable us to have soccer tournaments we will still use the old fields for soccer um if anyone that is a soccer expert and i said we got some soccer experts in the audience quite a few y'all know that uh that's seven fields that's what we're proposing to build at snowden but if this thing takes off like we believe it will uh you're gonna need more than seven fields so you got the additional fields uh where the original park is now so we believe that both will be uh utilized but uh soccer is in demand uh it opened up opens up a lot of opportunities for our youth uh there's many college scholarships there's many things that uh that soccer will you know allow educational opportunities and it's no secret it's a tourism draw which brings money to the city uh we we had a discussion the other day is why is everything about money i'm here to tell you it is about money we have one of the most important jobs that we have here is to be good stewards of the taxpayers money any dollar that's made in the city with a tourism draw is is a dollar less of a burden on our taxpayers so it's one of our most important

[0:10:16] responsibilities to be stewards to be good stewards of the taxpayers money we lease we believe soccer as snowden will be a tremendous tourism draw it will also spark additional economic development because our park now is seasonal you know baseball is seasonal uh we do not have things going on in other parts of the year we believe soccer is more of a year-round sport which will bring more customers to that area on an annual basis which promotes economic development area we i believe i won't speak for anyone else i believe it's a great decision that will pay huge dividends for our city financially and for the future of our kids is there any other discussion mayor i would uh like to say that uh i've had discussions with quite a few residents in my area since we've had our meeting and and they still feel strongly that you know it feels like it's getting something taken away from the west side so uh just with that one thing i'm not gonna be able to support that plan tonight would you do me one favor though would you ask them to go back and watch the video thank you any other discussion hearing none roll call yes no yes yes okay and that motion carries all right now we'll move on to um item d this is a field of dreams playground agreement to support can i have a motion i'll make that motion there a second we have a motion monitor with flores second volume of pain i'll open discussion again with a brief overview i'll be more brief this will break for this time the field of drains playground is a special needs playground it's to bring equipment that we don't have in the city now we have the field of greens park that is at snowden grove that's already set set

[0:12:19] up with the baseball field there we have additional real estate there that's not being used we believe that's an ideal place to put this special playground equipment i think it would do a great job in helping our kids that have these special needs and so i'm strongly in favor of the builder drains playground any other discussion hearing none row hall number yes okay that motion carries all right next on the agenda is item e it's a walking running track at central park agreement to support in flores second ballroom and kelly um i'll open discussion basically what this is this is not to be confused with a walking trail we have trails at central park this is an athletic track like you would see you know for track and field events uh but it's something that would be open to the public for walking running uh you know again it would be versatile as you would have people that actually want to train for track they would have the lines marked off they can run you know 220s 440s i don't i doubt we'll have hurdles there but anyway unless ottoman gallery wants to put on a display or something do we have my drugs [Laughter] the track is something that we believe will not be extremely expensive we think it will be a great use of taxpayer our tourism funds to allow you know versatility where people can walk and run train whatever

[0:14:20] on the track the location uh proposed at this point would be uh towards the tula homicide if you enter the park from oklahoma there's a large amount of vacant land on the left we believe that we can put a track there to be very useful for our community i also support i also advocate for this and but ask my board to support this tonight any other discussion hearing none we're all call yes yes okay that motion carries next on the agenda is item f and this is the greenbrook softball indoor training facility and we're asking for agreement to support i'll make that motion mr mayor thank you we have a motion bomber in pain second baller and kelly again a quick overview of this for many years we had when snowden park was built in 1999 the bankplus training center is there for indoor training you have areas for batting cages automatic pitching machines areas for pitching training and other things that are in that facility we've never had anything for the girls you've heard me say this many times the last five years we've been working towards this we really want to have something similar it won't be as large as we don't have enough real estate but something for the girls located at the greenbrier park the location proposed at this time is on the greenbrook entrance when you come in to the softball complex from from greenberg parkway there's some vacant land just to the north there we think would be an ideal place this building would house offices for our director

[0:16:23] when the teams come in from out of town or wherever and check in they would have a place to find easier to find the director to check in and also it's important in the winter time when the weather is bad outside that our girls have a place to train and improve their game anyone that knows anything about sports it's not a mystery that that major league baseball and big time college softball the players typically that excel are ones that have training opportunities year round that's why you find a lot of latin american players in the major leagues they have better weather they can get more reps and that's how they become a better player we want to do the same thing for our girls here we want to make sure that when the weather's bad in south haven that they have a place to go in and work on their hitting and their pitching and become a better player which opens up again educational opportunities in the form of scholarships and even if they don't go that far there's so many benefits to youth sports that that improve our youth and prepare them for other things in their lives so i also support the um granger training facility any other discussion mayor is that going to happen uh it says 2020 but with this loan we're talking about it could happen soon right correct the spreadsheet that's on here that was before our discussion about doing a bank loan which we're going to talk about later but with the bank loan the year all of them could start now so no there is no the fiscal year on there can be ignored if we are going to approve the bank loan which will allow some flexibility to go ahead and start all the projects now any other discussion the last item

[0:18:28] it's item g the splash park at snowden grove we talked about this in the may 31 public meeting there's still a lot of questions about the splash bar but give a little bit of history to that there's been many requests over the years you know in the summer in the summer months at snowden and our other parks you know the young children mainly the siblings you know if someone's there seeing their sibling play ball for the younger kids are hot you know they get impatient it's tough on the parents and the grandparents that are trying to entertain the other kids you know my big brother or sister is playing ball um so there's been a need for having something that the smaller kids can go do while their sibling is playing ball so there that's that's the benefit of having a splash mark this is not to be confused with a water amusement park this is not some huge amusement park this is a very simple uh thing where the little kids can go splash around their spray mitts things like that but that's something that we feel like would be beneficial i will tell you that after our may 31 meeting there's still a lot of unknowns about this like where we would put it there's also been discussion from private business in the area wanting to put a splash park on their own obviously if a private business wants to do it that would be something that we don't have to spend you know taxpayer money on so we're still hoping for that we don't know that yet so still still some unknowns the other thing i will say and just to point out there is always liability with water that's something that's a concern even if it's a small amount of water so we have to be conscious of that from a city perspective the liability we create for the city by you know adding water to our parks so i tell you all that to say that there's still a large number of unknowns we want to see a splash mark in the area but there's so many unknowns at this point about the splash park my recommendation to the board is that we table the splash mark i will make that most of the table second steps we have a motion to table the splash

[0:20:33] part till we get complete information motion was made by ottoman flores second by alderman wheeler is there any discussion hearing none roll call yes okay that motion carries all right that will conclude our agreement to support the parks enhancement and expansion plan i thank our board of aldermen for all the work that they've put in there's been a lot of discussion about our parks we're very blessed in the city of south haven to have great parks and we want to continue to make it even better so i i thank the board for their agreement to support these projects tonight next on the agenda is a resolution for uh to name voting delegates for the mml conference [Music] everybody this is our form of hazing okay so we're amending the motion to be alderman who solomon wheeler and father mckellen

[0:22:35] has an alternative any other discussion hearing none roll call yes and that motion carries next on the agenda is the osara contract south end fire park mr nick there's manley uh two contracts tonight with pulsar uh the first is a subscription agreement with osaris where the saudi fire department that helped them when transporting certain patients for the technology used to alert the hospital that's coming that they're coming in um obviously chiefs down this skeleton is here tonight any more questions on that but it's the contracts don't cost us anything it's a it's a free service but they do require us to enter the contract so the person will be with the subscription agreement we made some changes to it they agreed to it so now i need approval for the mayor to sign that contract absolutely second we have emotional gallagher second dollar in pain is there any discussion hearing none roll call yes damn that motion carries okay one more contract on that uh the next one is the business associate agreement with uh vasara and it basically sets forth the obligation under the hippo laws and the disclosure laws that have all been passed under the last couple years so this will set forth those obligations and alexa may also make some changes to that as well we suppose our agreed to use tonight observation of the mayor to sign the business associate agreement with basar as well so second motion volume and brooke second ball with kelly certain discussion

[0:24:42] hearing none roll call yes okay that motion carries next on the agenda is the resolution for the southampton police department serve us this is a property attainment southern police department tonight uh surplus center 17-25-25 and the resolution of the property is listed for the approval tonight mr mayor will without the right without the resolution mayor board of developments is out there disposing to seize property in the southeast as president second we have a motion by alderman brooks second bomb in flores is there any discussion carries next on the agenda is a resolution of intent and engagement to borrow 5.2 million dollars pursuant to mississippi code 1721-51 this is what we referred to earlier for the parts enhancement and expansion plan this is a way to obtain a bank loan instead of paying cash annually for the projected 1.8 to 1.9 million dollars in restaurant tourism revenue to fund the park enhancement projects is to do a simple bank loan which will give us the flexibility to go ahead and build those projects now leverage our money now where we can go ahead and provide the benefit to our citizens and uh and have the tourism revenue coming in now rather than waiting yearly to do the projects we discussed this on may 31. chris wilson did discuss that with me about doing four or five years state law allows us to go up to five years but since we we do not want to incur debt this is just again using the tourism revenue as the payment to pay the bank loan so we want to align that or my recommendation is to align that four

[0:26:46] years so we have a four year parts enhancement plan have guaranteed four years revenue so i think we should make a bank loan to coincide from a timeline with that via four-year bank loan mr marion i'll make the motion for notice of resolution of intent second we have a motion bonus flores second ballerman wheeler discussion real quick the note we add will be advertising the paper on thursday with the opening of the bids uh thursday the 19th which will be our next meeting so the intent to award uh the 19th so next meeting with the 10th award lowest interest rate for that thing sarah passed for 10 days and then plus chris wilson will send out the bid packets throughout throughout the community for the local banks as well in addition to the notice trying to get as many bids as possible for the rate and the resolution will authorize that intent and the engagement of others so to proceed with the system of this is this amount minus the splash park is that one well this is um well what is the no no the total park improvements are 7.375 million so this is not the amount of a loan for this does not cover all of it we don't need it for all of them the payment on uh four four-year loans projected to be about 1.4 million we're going to be bringing in about 1.8 1.9 million with tourism revenue so no this is not to fund the entire program this is just to give us the flexibility to do the larger one basically which is a soccer expansion so no this is the total investment or the total revenue we'll have projected as 7.375 million over four years so we're only proposing doing a 5.2 million dollar loan which is the max by state law you can't you can't exceed one percent of your assessed valuation so you're not exceeding the one percent or the 17 21 and most besides soccer

[0:28:52] most of the other projects are smaller so they would be able to be paid for with cash the main the main the main need for this is the larger projects uh which would be the soccer expansion and green roof training facility the residual after the principal payment correct yeah if you make the principal payment we shouldn't have enough revenue to do the smaller crisis any other discussion hearing none raw college yes okay that motion carries uh next onto jenna's uh deputy court clerk appointments there's no action attack just enter this until the minutes tonight earlier uh ordering last year when you appointed this uh judges you gave them the power to pull deputy court clerks uh pursuant to the statute uh so tonight i just need to enter into the minutes joshua freeman mary siemens and uh latita brown were all sworn her we're all appointed deputy court clerks by the court department so no actually just making note of that in minutes okay and next on the agenda is the levy discussion mr dan cordell our city engineering consultant was unable to be with us he had a family situation that he that required his presence out of town so nick is very familiar with the issue so um nick do you want to breathe just bring the board on the summer's discussions about yes sir i'll tell you real quick um you know dan had an emergency and couldn't make him tonight so he asked me to just kind of brief the board as you recall i think at the february of march of this year um the vine the pioneers down was about to collapse and it was um a bridge to say to prevent that from happening by the city uh so nothing would happen on college road i think we shut down college road for two or three days during that time as well since that time dan and sibling have been working on a

[0:30:54] possible plan to repair that levy and that and that down but as part of it under the statute readily statute assess the homeowners who are the services not based on surface area that's the cost for that down or for the repair as it being a drainage surface area where the water flows into and i said division so they've been working with their design team and that looking into the different options and at this juncture tonight bring it to the board to get kind of get some guidance because the way it would work is that we assess the homeowners you would go through a hearing for those homeowners to be assessed and set the cost out of the preliminary calls that they've got at this point is around hold up this is just plain area like fifty one thousand six hundred sixty dollars would be including everything that didn't include all the bonds or any contingencies that may be out there for the repair but that's what they're estimating the cost to be the way it works is you would then under the statute 2141 line of statutes you go through and have a public hearing set the cost of the project and then you assess the homeowners who based on their percentage of the area that order the drainage surface area the their allocated cost so tonight they'll actually be taken other than briefing the board and then authorizing dan and his team to start meeting with these homeowners to make sure this is something they want to do make sure that something the board is interested in doing so that's what we're doing tonight um just trying to get some direction and feedback uh from the board the mayor regarding that idea and that plan is would be an assessment that they would vote themselves the board would vote now that homeowners there could then protest some of that protest the assessment based on the amount that they feel like they should owe or

[0:32:56] not owe um and so that's it would still be a couple more things to go through as far as procedurally for it to work out based on what how the mystic code requires us to do it but tonight we want to bring it to you to see if the board did have any questions or the board would prefer for dan and his uh his guys to start working and talking to some of the homeowners at pioneers and representatives to get their thoughts on things and bring back the board hopefully either the next thing or the next to set the public hearing assuming all goes well um and then see if there's any uh um protests or anything in the city i mean from pioneers because you know the end of the day they're the ones who get to vote and the board votes but they can obviously be the ones who certain landowners could stop it based on the percentage of their land by saying we don't want this to move forward um from the standpoint of what they've been on the assessment the assessment will be attacked would be added to their tax bill over a 10 to 15 year period so that's how you recoup the money this is the tax bill so how do you mean a motion for it motion to authorize dan and silly to start talking and making you know making aware of this and then meeting with the homeowners and finance i'll make a motion open discussion how many homeowners are there in that second second motion by alderman flores second baltimore brooks any division no and this is just covering the lake there's about 14 to 15. uh i can say exactly there's no map so it would only be the homeowners that wouldn't be saying it's just the wrong way not everybody's 14. a little bit just kind of put this in perspective this particular situation um college road is just south of the west right so we had to make a decision we were worried about the safety of drivers on college road

[0:34:58] we were well dan and civil linked actually were spot on uh they expressed that there was a uh immediate concern and actually the levy did began to breed we'd already you know purposely breached the levy started draining the water lowering the lake level but it did actually breach like within days of that so our fear was it would cause public safety on the road but this issue and that's not what the motion is tonight i mean we can open that up for future discussion but i do want the board to know that we need to come to some type of decision on how we want to handle this in the future because this won't be the only situation levies are expensive to maintain uh that's the situation we're in here uh no one of the homeowners stepped up and you know had the financial wherewithal or or offered that to do the repairs on the levy so when that happens it becomes the city's business and we had to take action because it affects other people other than just the uh people that live on the lake i mean we have you know drivers on the road so we have other situations like that basically what the decision is ultimately going to be is you know do we want to be the one that maintains levees on private lakes in our city do we want to do that and then if we don't want to do that then we get into you know doing assessments where the the homeowners actually still maintain they just they pay for it we pay it up front and we assess them you know to make sure that the levees stay safer in our city all this would be is that because the assessment we get fixing it preparing it and then giving our money back to the assessment over a length of time but they would still need that i don't we they would still be maintaining it it's just we viewed it when fixing it from the standpoint i was correct repairing a drainage structure because it is a drainage surface area neighborhood i believe that's how we did it several years ago with greenberg clay i think greenbrook uh needed chris do you remember actually

[0:37:00] greenbrook we we maintain the light we file all the reports with the state agreement well there was something i think it was a levy issue uh at greenbrook lake and i think we assessed the property uh property owners around greenbrook and there were callers we didn't i'll make the most for them to go ahead and start talking to those 14 homeowners i mean it's not i think it's just it's not just getting directions or something that you didn't want to entertain the standpoint of doing this because i don't think that civil link wanted to get down the road and lord like we didn't want to entertain this thought this notion so i think tonight i was just getting some feedback sayings it's something that would be willing to consider because it would be you know supposed to jump through as far as publishing the resolution getting the um hearing set so it's not anything uh monumental but it just procedurally has to be done in pursuing the statutes well first personally i don't think the city ought to be responsible for private legs yeah we just aren't but on this in this situation we had a public safety issue and we had to deal with it and to some of the homeowners credits they actually came to us they came to me and i think they came to you and i came to dan and said look we got a problem here we need your help it's definitely a public structure from the standpoint of our public interest in the standpoint of what that structure affects as far as i just don't want the city to you know setting precedent going forward if we don't entertain them in my opinion we don't entertain getting that money back and we're setting precedent to take care of all private lakes at that point i don't see us doing that and it's not uh that i mean from standpoint of city obviously there isn't probably we're not looking for a probably standpoint of the greatest surface areas now because there is a public hazard but it's their responsibility to maintain it because it got to that point they didn't maintain it it got to that point correct it is also important to note i did communicate this with some of the homeowners that since it did become an emergency type situation we had to take funding that

[0:39:02] was already allocated to other projects on our drainage improvement that's where the money came from so um that puts us in a situation where we're delaying another drainage improvement project to handle emergencies like this that's i want y'all to know that uh my question is is there a homeowners association for that area or there is a home association but there is not one that covers that lake is my understanding so the hoa it's and i don't understand how it all works if you're quite honest with you but there is an hoa the hoa is not that was when the original egg so the a28 is it covers in their legs but not that particularly and so 14 homeowners take care of that take care of that okay so i just i just want to make sure that we're not for liking better words targeting just those certain people like if there's a wider no we can only target under the under the statute we can only go to these 14 anyway because the way the way it has to be divided up there's a specific formula and i i'm going to complete my arguments here it's very mathematical as far as how it's set forth that's why the engineers had to figure out the formula but there's a formula on how you actually set the assessment based on the surface area next to the drain period so there's a mathematical quotient if you will on how it works so that only you could actually assess be those ones who who actually uh surround the surface area that's being improved if you will now that being said nothing prohibits other homeowners from helping right but the city can only charge us and through that may be wrong but the way dan explained to me was it depends on what their fringe is on the lake you know what that surface is in front of their house that they're that's the percentage that they're going to be responsible for some of the 14 homeowners have much bigger frontage some have smaller right and and i guess my other question is was this a lack of maintenance issue that caused this or was this a developer just building improperly that i don't i can't hear that man it was a lack of probably a lack of maintenance but i don't know as far as how it's built that was built it was built um before it was in the city actually annexed this area so i don't know i don't know if the season have any

[0:41:03] records on the building because it was built before xanax i don't know the answer though they didn't get claims i i can tell you that uh ladies do have a lifespan i mean it doesn't mean that they're not built right they do have to have maintenance on it so i think that this situation was one where it was time you know for something to be done and then uh whatever reason the uh hoa or the property owners you know did not do did not do that but uh levees do have a lifespan just because you build them right doesn't mean that you're not gonna have problems gotcha okay and i do have a map too that shows a pro pro rated uh ownership based on the frontage linear square feet i mean excuse me the square feet on the uh that is adjacent to the lake so if you'll pass that you just pass that on but um basically uh just you know wanted to be informative tonight but we are going to we have a motion to allow a civil link to discuss that with the homeowners so there's no other discussion we're going to vote on on that tonight that's all you're voting for is to allow civilians to move forward with discussions is that correct yes and then we'll ideally do next to the next next week or two bring back the resolution actually set the hearing allowed for the work and assessments to be done you have another resolution setting another hearing but actual assessment so it is a process but it just gets the ball rolling in that process is there any other discussion hearing none we're all called yes yes yes yes okay that motion carries next on our agenda this evening is a resolution to claim private property mr middleweight resolution granting authority private property we have a motion baltimore brooks second baltimore kelly is there any discussion among the board i got a quick question mayor i see boston in the back austin

[0:43:06] is greenbrook parkway the greenbrook parkway house yes sir is it on i don't see it on this it's uh it was condemned within a year so we can just actually enter the property and cut it within seven days it'll okay cool thank you is there any other discussion among the board hearing none is there anyone in the audience that has a financial interest in any of the properties that would like to speak hearing none royal column yes yes okay that motion carries next on our agenda is our planning agenda that's when you could i guess sir the first three items you're going to see on here are the ordinances that we proposed and voted on at the last board meeting concerning sidewalks convenience stores and a feed chart after speaking with nick we needed to get them advertised 15 days in advance of an actual approval just to give time for public hearing so we went back re-advertised and so basically we're re-voting on the same things there's been no changes to either one of them uh the first one is a an amendment title 13 chapter 12 section 13-12 m it's the commercial zone district it requires convenience stores or have conditional use permit uh and some of the requirements include being at an intersection being at a lot of intersection at a maximum of two every time one comes and applies to the city for uh permission to go here it will come in front of this board i said nothing changed from what we initially voted on last time we just wanted to make sure we had proper application of the papers

[0:45:11] uh mr i make the motion we approve resolution number one to the audience to the ordinance changes second on item one we have a motion by alderman payne second bottom of brooks is there any discussion yes yes okay that motion carries on one uh ordinance amendment number two is title 13 chapter 3 section 13-3i this is incorporating a fee schedule for all of the application fees that we have associated with development uh the one question i believe that was brought up last time byron hoods was were any no they have stayed consistent basically since i've been here uh we are not amending those amounts we're just adding them into the actual ordinance to more formalize it and that's that's basically it mr mayor we approve amendment number two through our visa ordinances thank you on item two we have a motion by arm and pain a second arm is there any discussion appearing on roll call yes yes yes yes okay that motion carries amendment number three is to title 12 chapter 4 section 12-103 and this was concerning sidewalks being placed on both sides of the street with the exclusion of the coves zoning ordinance already backed that normal ada compliance says you need to have them on one side of the street if it's a collector road and two sides of the street if it's an arterial road we chose to make the city more pedestrian friendly and add them on both sides all streets minus arterial roads too because you don't want to encourage

[0:47:13] you know walking down goodman road and things like that but basically this ordinance was to get the subdivision regulations and the zoning ordinance consistent so the changes with the subdivision regulations but it's just a match up with the zoning regulations everything's 88 compliant yes everything is beyond a date upon we've met their minimums and we've gone beyond it on item three we have a motion bomberman brooks second alderman wheeler is there any discussion hearing on roll call yes yes okay that motion carries uh the final amendment is a new one being presented tonight and it is an amendment to title 12 chapter 4 section 12-106 c this is to put more definition and design criteria on street lights right now it's very general it's very vague stands at the discretion of public works and the planning department is where they go this new ordinance will require them to submit i'm sorry a street light plan with subdivisions so we can see where they're at in the subdivision it requires that they go on the side at minimum on the side with the sidewalk if there are no sidewalks or if there are two sidewalks it asks them to stagger down the road it also puts a minimum distance of two or minimum distance of 200 feet between lights and a maximum distance and residential of 400 feet that way the measurements and the design are much more detailed and developers and home builders know where we're going with it um we've also once this is passed we'll present it to entergy so they know uh you know how to install them because it's their it's their responsibility to install them and we maintain them but once we get this passed we'll pass this

[0:49:15] on to them um so they know what to look for with our designs and they will work with us to make sure each plan is approved i will also say my apologies and that all new developments are required to have the decorative lighting acorn lighting black holes anything that's in existence now that has something other than that can remain consistent with what's in the subdivision good mr mayor i'll move that we'd approve item 4 as presented second on item 4 we have a motion by army gallagher the second of honorable flores is there any discussion yeah whitney uh i also know that fire hydrants are 400 feet apart yes normally the fire department and and danny can correct me wrong over chief scouting's can um i think the maximum distance with those are 500 feet uh in a residential area and if you have a coat that's longer than the 500 feet then you're required to put additional ones in there um but yes there's just spelled out in the fire department's code would be a bad idea by that firearm what happened we can just put possibly if possible to uh locate next to hydrants that are in that distance i mean we can we can work it somehow like that and again this came up based on my request um you know hear from citizens about adding lights in instead of it we want to make sure that we have a formal plan you know that we don't just have hazardously you know the lights up we want to make sure that uh that every house is well-lit and is safe so that's that's what prompted the uh the uh us you know looking into this one is there any other discussion on four appearing on roll call yes okay the motion carries

[0:51:17] item number five is a subdivision request to further revise and subdivide the deer chase north commercial park specifically lot 5 which encompasses 10.41 acres it's the vacant property that's behind the pediatric dental office on nail behind the grill house building on get well it's a large parcel you'll see it up there in the aerial photos what they're requesting to do is create two additional lots out of that one being they're proposing a lot of seven with 0.72 acres and lot eight with 0.63 acres uh keeping everything else the same there'll be an access point to nail road this will be an access point to carry on with uh to get railroad also uh the only thing we asked is that the title block be changed to show the chronological order of the plating so this should be the first revision to lot five so that it follows suit uh otherwise that's compliant when requesting approval mr mayor i make a motion to approve item number five tonight second on item five we have a motion involving flores a second volume and wheeler is there any discussion hearing none roll call yes that motion carries item number six we have a design review application from a the smile center of south haven which will be an 8 000 square foot medical office and retail building it's going to be on the north side of church road just east of w ross parkway headquarters at the family dollar on it and then there's a vacant lot that's what we're discussing as you can see up there it has very modern twist to it uh the only comments that we really had are the wayne scott area which is your bottom knee wall area needs to be a masonry material they're using um brick and also fiber cement to look like wood on this either one of those can replace that area they did agree upon that uh the remainder of the materials

[0:53:19] um our porcelain tile and that new paneling metal that they're using uh you can see it right there we had a redline copy of the landscaping they agreed to that also so with those changes and the agreement by the architect who is at the meeting we're recommending approval mr mayor have we provided number six what's this six yeah on item six we have a motion of alderman payne a second daughter and gallagher is there any discussion yes okay that motion carries on six item number seven again in the design review this is for a 12 000 square foot medical office it's going to be a lot more the snow grove subdivision area 15 more specifically this is kind of your child house building we went back and forth with architects numerous times you'll see now that they have conformed more to the design of what the child house and stone grow has they've added the fiber the fiber wood paneling on it two tons of brick and i know the canopies as they look metal they're not they're actually that fiber cement wood they carried it along the back the bottom of the window lines um this was our third trial with them going back and forth trying to take a little bit of modernism out and put more architectural controls that snow and grow require we feel like this was a good compromise we have asked this one as also with the previous one to have the decorative lighting in i've agreed to that we've done a redline copy of their landscape we're working on that now the staff is reviewing it but essentially this is the rendering elevation that's approved by the planning commission so we're recommending approval of that with the comments and the admissions for the landscape and the lighting mr man make a motion we approve item number seven one second

[0:55:24] on item seven we have a motion by armament wheeler a second bottom in flores is there any discussion whitney is this that lot that's just south i mean on the south it's going to be the side between the bank and the water tower along delaware they have no access to get well road we controlled that with the existing uh drive so um you know we've gotten the congestion issue taken care of as well no more tall grass any other discussion on seven hearing none roll yes okay that motion carries okay um item number eight has requested to hold um they're still gathering information trying to do some of the background work on the history of that site if you'll remember at the citizens agenda last time we had the essential eye care clinic the doctor and his two staff members come up discussing parking in the location of the dumpster they have filed for variants um in the last minute at the end of last week i asked to hold they were still gathering some information um so if we could just remove that i don't think we need emotion or anything uh and item number nine we have an application for variants to allow non-conforming business to remain at 7800 highway 51. um more specifically uh this is called the everlasting car wash it um is in the existing um automatic car wash that was once in service it was no longer in service we had someone come in and do an auto detailing on it in 2011 it's carried over to this date to be auto detailing and car washing they were asked to come in compliance once the business license expired uh when speaking to the attorneys it was suggested that they come in either through a variance or conditional use permit um what you see in front of you is the application and the information there so we got it late friday so i don't have a

[0:57:27] report um i can give you the details and the gentleman in the back and answer any questions so thanks we'll just leave it open do we want a table or can we get further information all right i that's completely what information are we waiting for do what no no we were waiting on information i didn't do a staff report on it a recommendation report on it no i mean we can we can discuss it however however you want to handle it i just didn't usually mine comes with a follow-up report and it's not there so i was suggesting i wasn't there right we want to be fair you know when we set the agenda in fairness to the board members uh there's a reason we have a time deadline right it's not to make it difficult for anybody it's to out of respect from the board to give the board members time you know to gather all the facts before they're asked to make a decision about something uh that deadline was not met uh by this uh there's a in addition to a variance application by email there's also a requirement that there's a hard copy submitted with v to the city correct yes there's a payment right so that was not done so in all fairness to the board i want you to understand that we're extremely conscious of your need to be informed and have a reasonable amount of time to do that and so we did not get this in time to uh to do that so in all fairness i wanted to we did want to i asked whitney to still uh bring this up and we can open up for discussion you don't want to take any action uh we can still discuss it tonight or we can take what that will be the board is calling most of the table so we have a staff report okay we have a motion of honor and flores to table this discussion on item nine we got a second call from kelly is there a discussion you'll have staff report next meeting i i can supply you one basically what mine will do um it will probably not give a recommendation just based on the history of it but i will summarize and give a chronological history of all the events um and let you have all the paperwork so you can look up from there do you have that information tonight with you or is it something that all right we have the people if they came out and

[0:59:29] stuff yeah i have the majority of it um mr hops uh mr hopson who is uh the representative attorney require requested a public records request so we did print out everything um i do have his public records request and he does as well but it has not been provided to you um it's a little thick um it's it goes through all the business licenses and the correspondence um that we've had with the applicant the point of talent we haven't had yeah yeah excuse me just a second just in in respect for our procedures we have a motion on the table in a second to table it that can be changed if someone wants to but right now we're going to vote on we have a motion block of course the table of secretary kelly all in favor say i'm tape on the discussion any opposed say no okay the motion is table now we do have a citizen's agenda please don't disrespect the opera the procedures here sir it has been taken out of nine of the table that motion carries its mid-table now we'll move on thank you whitney we'll move on to the next part of our agenda which is the mayor's report i'll be brief tonight i know that our agenda is very lengthy uh just two things i want to update the board and the citizens about our test center uh we've had a few delays on that we thought that would be complete in april we've worked through a few challenges over there wes and his staff have done a great job but we do have a firm opening date now june 22nd so that's we're excited about that the tennis pro shop will be open on june 22. uh just one quick thing uh you everyone may have seen that we moved quickly to our street improvement schedule all of these streets that are on our schedule for fy18 most of those have actually all of those have been done we're moving into the bond streets y'all recall that we added some streets with some bond money to do capital improvement and help us get caught up on the streets we're about 75 percent done with that which is really nice it's really nice to

[1:01:33] see some of the bond called southern beaches that never had their street finished and the little kids are trying to simply ride their bike and they're dodging potholes you know when the kids can't even ride their bike you know it's time to finish the street so we did that some of the subdivisions have given us some feedback they're very appreciative of that i want to report that to you so that's about 75 percent done last thing i want to share with you uh when you see some streets that are not appear to be not done like you have a total asphalt overlay in one section of it but then you just have patching that's done and nothing else in the rest of it the reason it looks like that is we're using different contractors for our seal coating a lot of times you'll have a section of the street that's in horrific condition where it has to have a true asphalt overlay but we're using seal coating now for the sections of the road that are in better condition to save money it's about 33 percent of the cost of a full asphalt overlay so those areas that we can do seal coding they've not been done yet so if you get calls from any of your citizens it says hey look it looks like y'all didn't finish we know that we are going to finish it we're waiting on our seal coding contractor which i understand is not going to be able to get to us until sometime in july so please help me relay that to the citizens and that's all that i have on mayor's report now we have our citizens agenda and we did have two people that signed up for the agenda the first one is mister to daryl muhammad yes sir please sir i want to apologize to the board the only reason i approached because my name was called and i was begging for no problem but i apologize to you i'll i'll pass you out to uh what is uh the statement on behalf of mr mohammed and his request to the board um we have met uh with uh your prosecutor uh mr robert hayes on the matter and uh and on wednesday and uh we assured him that

[1:03:37] we would try to get the foot above the board uh as quick as possible and that's the reason for uh the time tracking on um i um mayor on the first page just to be succinct and not to uh squander my three minutes uh basically it's a cover letter addressed to the mayor and uh as part of the resolution that was under planning the resolution that uh the knowledge that the everlasting car wash operates uh operations remain users permitted in a c fourth zone area and in support of that we are submitting a statement under disputed facts and also a statement of what the issues are and the police requested what we was trying to do was have a motion to be called for that hopefully you all would adopt the uh the uh and pass the resolution if you return with me very quickly uh to if you can find the statement of undisputed facts and not be free it's near the back and it's okay i'm holding it up and it just said an affidavit by trudeau muhammad understood the facts one is a more legible copy that that's my fault and it's that's not notarizing behind it is his notarized copy and basically what it does it lays out for the board exactly what the situation is in about 2013 hey mr curtis carroll this is in 2013 doing business at time to shine car wash detail operated a hand car wash at 7 800 highway 51 north of south bay mississippi on about september 18 2015 mr muhammad took over the operation and it remains to remain at that location uh back in 2015 uh he made an

[1:05:40] application for a privileged license and if you look at exhibit a that's attached to that it's got this a couple pages over it's the actual uh application it says city of south favorite privilege application and it says cut and shine car wash it shows down the bottom of what he's applying for on a couple days later um september 25th 2015 engages occupancy checklist was completed by the city's planning and development office and also by the city building department that's exhibit b to return your victory you will see that the the planning department uh recognizing the knowledge that it says what is the zoning of this property for is this type of business allowed specifically in that location it's marked yes is there any further process in other words it's a conditional use parents or anything like that needed for approval the office of planning and development said no and that was on september 12 2015 and you see the business owner there muhammad and also johnny home at the top you see is for a hand carved also at the bottom you would see on that same exhibit that there was a inspection done by the business department for the city has it probably been inspected by general official building officials yes does the billing official have any further attorney no and they signed up on that particular day if you go back to the uh statement that we're making that that's very important we're saying at that point that in that particular zone c4 that that his hand car wash were permitted was a permitted use it was found to be a preventative plan in the fight so item eight under the statement

[1:07:44] undisputed the facts on her about that same day september 24 2015 the city issued the privileged tax license to him as cut and shine and car wash for 78 highway 51. this is back in 2015. noteworthy inspector completing the inspection reporting issues a certificate of optimism all of those are exhibits to this state the certificate is history pursuant to the requirements of a building called certified and this is quote from the actual permit that at the time of issues this structure was in compliance with the very ordinance of the city regulating good building construction on october 15 2000 december that's a couple months after um after september uh he made another application and changed the name from cut and shine to everlasting car wash attached to that application as an exhibit he never sees operation and he maintained the same state id the tax id number on december 15 that same day the city issued him again a privileged license which was to today muhammad doing business everlasting car wash that was in 2015 now 2018 noteworthy is that the license number 4930 never changed his license never changed the business category never changed the business titan never changed um in other words if you would visually walk with me there is a convenience store on that corner of highway 51 and adjacent to that convenience store north is a car wash and um right next to the car wash on that same property was an automatic car wash that was that the city allowed in 2015 that area to be a hand car wash and that structure was there and it was approved by the city department and inspectors at that time by the auction police committee tonight what we're only asking for is that the city acknowledged at that time it was in a c4 zone commercial uh that it was a hand

[1:09:49] car wash and it was from it was permitted use and under a chart and have a copy of the chart that you all use for the particular city uses for that particular zoning area there's no distinction between a car wash and a car wash accessory used they're both allowed in a c4 zone and there there's definitely no the distinction between uh that notice to the public between a hand car wash and automatic car if you look at what we are asking for i have that a resolution proposed resolution and you're welcome to um the uh if the mayor is inclined to recommend on our vote a recall i mean a reconsideration uh you welcome the red line is we we just want to keep operating and providing the business for the people who are employed so in other words not concerned about the wording if you want to get something working out basically on page five of uh pages again on page three or five we would like the resolution to be past the everlasting car wash type of business or service and the zoning area has never changed a regional interpretation is whether and whether it's an automatic car wash or a hand car wash the existing operation is physically an accessory to the existing business um the mayor and boardwalk in this disorder or doctor's resolution acknowledging finding evolution car wash operators remain uses permitted in the sea forward zoning era here and i'm kind of skipping down a little bit here um and that's basically the gist of it um of course the city attorney is here to weigh in on it and but that that's

[1:11:52] pretty much what we're asking for for the city to acknowledge and recognize that it was initially uh for many years within a c4 air uh zoning area there's no distinction between an automatic car wash and a hand car wash and nothing's shame and the guy has never stopped operating he's always continued to operate as he was required to do thank you for your time if you have any questions i'd love to entertain you i would like to um clarify a few but just just one or two things that um that i don't believe to build that are not correct let's let's back up a little bit i don't dispute what you say that happened in 2015 but it's important to know that all that our planning director is doing is enforcing the ordinances of the city what has happened here is um and you are correct that there's no distinction between hand or automatic but there is a distinction between a car wash and an accessory business and that's the issue here if it's an accessory business it has to have a non-conform it's a it's a non-conforming so it has to have an allowance for non-conforming use with that there it is there is a grandfather situation where it does allow ones that that do not have a disruption in business i do disagree with you that there's a disruption in business the permit expired on december 31st 2017 was not renewed again or attempted to be renewed until april 2018. so that is a disruption in business which disqualifies it from the grandfather clause so again that's not to make a recommendation to this board what they do or don't do i just want to point that fact out that that is that is a fact of this situation there is uh i'm a very candid person you and i've had some discussions i'm going to point out two other things too i respect the business and what you're trying to do what i do not respect is the fact that when you knew you're

[1:13:55] operating without a permit you continue to operate now i know that you had judicial discussions after that fact but from december 31st until an application was made in april it was very clear that there was no active business permit the business owner continued to do business and that's disrespectful to the ordinances of the city of south haven i take my job very seriously uh my planning director works for me uh if you're disrespecting the ordinance of the city we're gonna we're gonna do our job so i think that's important to note there's one other issue are actually two other issues that are important to note the other issue or the first issue is it comes to a there's a reason that there has to be a conditional use permit because there's other factors that come into play specifically there is a difference between a automatic car wash and one that's operated in the parking lot it's a hand car wash um in this situation there have been times where there have been extension cords that are running from the primary building on the property extension cords are laying in water we've actually had citizens that have complained about that they were concerned about the safety of it after they left there having extension cords placed in water is not a safe thing we have to be concerned about the safety of the people that uh that are in our city uh the other thing is um there was an issue with employees you're familiar with that regardless of what this board chooses to do uh eventually when they when this is brought back off the table and they vote on this it's important to note that the other laws of our city will be enforced if there's drug use that occurs there among the employees that we will we will enforce all of the laws of our city and that is a situation this public record that did occur on that property i may have responded very briefly yes sir uh regarding the drug news george east alleged drug use uh my client is here uh the chief is here i think uh if the

[1:15:57] record will bear out that uh we can't take responsibility for what all our employees do or we you know and when we find something out we come and help the police and i think you will find if you talk to the chief and i stand to be corrected that he reached out to the to the police department here and let him know he wasn't involved in any of that he and the car washes during the daylight and there is a uh the owner has a surveillance and we'll make any tapes available any time of day we want to work with police and we want we wash their cars free they're so inclined to bring them over we want them involved this person the second thing is if i make i just want to if the uh working for peruse these are the the uh this is the table from the zoning ordinance of the city of south payment and in there you'll find if you look down permitted on the left column and on the right column if you go over to uh c4 and it distinguished between a car wash and a car wash accessory yes sir uh initially we was classified as a car wash accessory well it doesn't matter they're both in c4 i think there's a different distinction between a zoning violation versus perceived or alleged business license none renewal and taxes two separate issues but but we're focusing in on the zoning issues i wanted to be clear that the rules say we're in a permitted area now if you set up the station between a hand car wash versus a uh versus the automatic hogwash then we would have to go back to the office format that was uh that was issued by the building um and i'm not saying that that's not what i'm saying what i'm saying is that for the sheet that you just passed around there's a difference in a primary business that's a car wash and car wash by accessory and all the ones that are by accessory do do require conditional use permit and anytime you're asking for conditional use there's a reason for that there's other concerns there so these other facts that i've mentioned tonight are relevant facts i mean when you when you

[1:17:59] have a situation where there's extension cords being used that's a concern and that's why the city feels like that there are other locations that are safe for having a bay you know where you can put a vehicle in bay you're not using extension cords it's a much safer uh place to do what you're talking about so i'm just i'm telling you with my board i'm not being an advocate for not for not having this business in the city i'm just saying that when you have uh by our zoning ordinances when you have an accessory car wash there's a reason a conditional use permit is used to allow the board to make good judgment on the safety of the business and all the other uh factors that they come into play i said had two quick other points on different areas but just a brief response to that the only question i would have for the board is what do we do with the fact that the building inspector back in 2015 looked at that building authorized to be a primary car wash at that time if you look at the exhibit that's attached to our undisputed facts the building inspector checked off on it as well as the planning department they knew that that structure what used to be an automatic car wash was not going to haul out a handheld car now there's violations with respect to outlet such as this one down here that's not correct then that doesn't i would submit to the board that that doesn't violate the fact that you're allowed to occupy the building and we're saying if there's something other than zoning that that's not a zoning which is an electrical issue or a fire or something like that then then if we we're given notice of it then we can correct that but the other two points i would recognize real quick is only conditional use the language that's in the application was passed it specifically says and i put it in the statement of disputed facts spectator said no conditional use is required no no no no permission to apply no other process required they said that on that on the uh the approval form on the business office checklist and that was 2018 they may have been up

[1:20:02] three it's not indefinite though it expires that's not that's not a condition this permit is not indefinite it wasn't the condition of use they said in there he would acknowledge it to be a permitted use at that particular time now quickly uh there and when we speak to the grandfather issue inside the doctors for the sake of time sure we're going to go into that but i just will point out that that there was a there was a uh correspondence between my client in the planning office and it says that he's grandfathered in i don't think it's a grandfather situation but i wasn't an argument at all i was going to do a presentation if the application would have been passed however you find allowed to operate that he doesn't care here back in 2017 they say he was grandfathering so long as he stays open and doesn't change ownership so if he closed down or if he stopped operating then he violates the grandfather in the chicken in the egg and i think there's some to some extent it's miscommunication and maybe uh that both both sides can uh i don't mean this boy but i'm just talking about people like myself or perhaps mr humber could communicate a little bit better to understand once what but he's definitely staying open to just meet the conditions of the alleged grandfather-in-class and this is a part of your package and you're welcome to look at i got extra copy for the board depending well there's two issues on that two issues when you say you're talking about the license correct the business license okay um the men have a struggle the first year all right and then he came back and and the license uh i think it was about four or six months left and it just didn't know and when it was brought to his attention he went down here and he continued business during that time he had a stroke and he and he couldn't do the permit but he could continue the business well if i may it's like if you open i opened up a convenience store and

[1:22:04] you got a stroke you still got employees in there working and saying we're going to take care of this for you don't worry about it or whatever right so one of those employees couldn't submit to submit the proper paperwork as soon as as soon as his wife became aware of it they sent it to him so they told her about it she went down here and paid the 30 or whatever it was so and i'll go as far as to say i think this board will make a look at this and make an honest assessment at our next meeting but i am questioning why the business continued even though they were asked to stop well here's the direct answer is what what does the grandfathering clause tell us to do it says you ever stop this alleged grandfather thing doesn't apply but just but it's important to note just because you qualify based on zoning doesn't still give you the authority to operate a business without a permit i mean i can't i can't go and open up a business and start doing business and then say hey i won't get around to going to the city and get me a permit that's that's not how it works that's very disrespectful to the ordinance of the city you get the permit first then you start business and that's how i've operated my business i can't i couldn't operate my business without a license and then come back and say well we'll get that later i would be shut down and that's that's what has happened here no sir i agree with you on the the points preached to the monopoly conclusion if you look at the statement of facts he was granted a license in a renewal the license number never changed he'd rather like 2015 that number never changed the only problem is the tax the 30 or whatever it is and and in 2018 he went down and paid the tax they issued him the license on on january the 1st 2018 is only because this this perceived or alleged uh this incident uh warning employees that all of this became an issue but nobody knows that i don't think the board is aware that this man has went down spoken with the police department

[1:24:07] make them uh aware that he's not involved and invited them there and he's not he's that's not him and then these young men that are working there wasn't working there during the day now you're going to have some you know all the kids ain't going to act right but if if they're not working there during the day then where they're going to be he's providing a source for them to be out there doing car wash not open at night during the day but that doesn't condone other illegal activities because i respect what you're saying i agree with you i agree with you that that does give an option for the employees and for the young uh but the employees when i respect that but it does not it does not condone other illegal activity which was he calls it out he calls it out he's not going to condone it we're not going to have it that's why we surveillance the planes that's why we will work with law enforcement whatever there's something that's willing to call the police i believe he may have called him police last week i know he's on the phone with me about something and we're going to always be open and transparent did y'all find the uh the perpetrator or the dark police found the perpetrator i am not sure about the details of that but i do know that uh mr martin who's here he i personally called or talked to chief pearl and that he and they had a conversation i don't know the details of that but the purpose of it is to let law enforcement here know that we are there if they need a bridge into the community uh communication worker broke ways we're waiting to help we will assist by the same token uh uh if there's somebody doing something wrong we're gonna call them out and we're gonna report chief do you remember uh how that came about the uh arrest yes sir that was uh started out as a tip that was uh okay we probably this is zoning zoning issue we don't want any different no no we it's a zoning issue we need to keep it limited to zoning and not necessarily a criminal investigation thing so i'm not trying to interrupt but just so we don't do that okay

[1:26:09] well that yeah i'm saying like no offense to them we can talk about the zoning aspect of it can i ask you a couple of question questions whitney can i ask you a question if he would have came in the first of the year and came in to get his license would we be here today uh that would be to the city clerk's office the reason we were notified that he was no longer operating is because the property owner himself came in and in front of three city officials asked to reopen the business and we informed him now so i mean he was closed at that point they were right here was that the property owner asked to reopen it under his name and we informed him that at that point in time there would be no reopening of it because it then fell into requirements for compliance now so this so if he if he had came in when his license expired on the 31st as long as the license if he came in and paid his 22 or whatever it is would we be here today that's what i'm asking i mean as long as he remained open i mean and compliant yes i mean i was the one that allowed it he came and talked i was the one that allowed him to go in there and the guy previous from him um it had remained a consistent open business throughout three ownership changes as long as it remained open we left it alone what happened in this instance was that we were running into some code violations we were aware of it but as you know as long as we were open and it was what it was when december came along he was very good about renewing his business license when he just ever came along and it was time to renew um as soon as he expired the property owner came in and said hey you know it's closed i'd like to reopen it under you know mine we were like oh no no you can't do that um and then of course in april um mr mohammed's wife came in and asked to renew the business license once i guess she was aware that it was expired and that's when we informed her no at this point it's not you can't reopen you just need to go through the requirements um and he gave you the sheet and i think the mistake is is saying that that c that's in the block besides car wash and accessory cars yes they're allowed in c4 times they are both it doesn't matter if it's a hand wash or automatic car wash doesn't matter if it's primary and accessory that c on that use you have what's called an s which is a permitted

[1:28:12] by right business which is the right plane only the c besides c4 and each one of those uh item i guess the little table is c for conditional use permit which means it's required in that ordinance and that zoning to be an initial use permit only and it'll describe it all through there but um i mean like i said it i i've talked to mr hopson i've i've gone back and forth with mr mohammed um you know it's nobody said he can't go there we just need to get compliant at this point you know there's a process at this point because it's it's it did close for a period of time so why don't we wait till april to to do this i mean was there something going on between january and april that we were ignoring the fact that he was open we were holding for another department who was finishing up some paperwork on yeah and that's that's what concerns me nick about this is the fact that the way it was explained to me was we kind of ignored it for four months because there was a police investigation going on and would we have any kind of liability for the fact that we allowed it to stay open knowing that he was in violation and now we're saying that once that investigation is over with we're closing you down i mean well i'll excuse me just a second no and like i mentioned earlier my staff has an obligation to do their job we don't you and your fellow board members y'all make policy if you want to change what's in that black ordinance book you can do that anytime but until then me and my staff are going to enforce the ordinances so regardless of the amount of time that passed the bottom line is when there was a when he no longer was in business legally it doesn't matter what day that was there was a lapse in business which requires them to go back and do another conditional use permit so all that whitney's doing and all that i'm doing is enforcing what's in the ordinance right and i understand so really what you're saying is really irrelevant now i'm just asking i'm asking the question to our city attorney if do we have any legal liability for ignoring the fact that we didn't shut him down

[1:30:14] you know right off the bat we'd like to see you tell me that we have we don't have the ability to enforce our ordinances in the city i can answer the question we at any given time we have the right to do it right you know i'm trying to be disrespectful mayor i was just asking a question to the city attorney okay would you answer this question i don't i need to look into that this is literally just this hit getting this and getting everything there's a lot to look into that that's the reason we tabled it well this is something i don't have no problem with this because i like to listen you said a lot let me talk we we need times build up ask questions of the police chief miss cho deputy chief anderson of anybody so we can actually make an informed decision right so while we continue the discussion we well we're about to stop it but anyway i just wanted to have the floor open so to let him uh because what he's said has been informative for the board it was tabled on the planning agenda so what you've been able to tell the board is helpful they're informed so when we come back to the next meeting they'll be informed they'll also have time to review and make a decision at that point but the things i said are things that are relevant you know it's important what you said it's also important what i said so they can be informed to make a decision but what i'm and again before we end the conversation i just want to make sure who's understands that um whitney and all the other employees have a job to do it's not they don't make policy decisions you make policy decisions so if you don't like the ordinance book then the way you do it is you make a motion and four other people in this board vote we change that until that happens me and my department heads and all my other employees are going to enforce what's in that black book and that wasn't my intention i just had a simple question are we you know going to be facing any kind of problems and that's why i asked the question i asked i guess just so i'm here the next meeting are we going to consider a variance is that what you're wanting well i mean a conditional use this is what i mean mr hobson talks about i talked about a

[1:32:16] conditional use has a public hearing notice requirement uh you have you see big red pellet notice signs everywhere it goes through a process of the planning commission first into the board of aldermen on the third week it's essentially a seven to a nine week process um in an effort to kind of finalize this and get some answers quick we also have the capabilities to do a variance so that was my suggestion to get it expedited and figure out what we're going to do was to go into a variance application there are both alternatives um and i think he has actually filed the conditionally used as well as the variants i mean i guess it's up to this board to determine what application we want um if it goes to a conditional use application then we need to step back put it in the planning commission's hands get the red public hearing notice sign out there on the property and go through the advertisement of the public hearing process and just to give mr hopson some direction though as she said there's two options let me finish my sentence there's two options you submit a variance application and a conditional use application and we'll bring them both to this board on june 19th and the board will vote and then that will be that will be the formal decision on what happens well if i may just by way of the the city attorney i know if uh mr miller don't mind i'll be working trying to work with him and work with the planning department from there to that time but here's another question the question is uh uh we've got conditional use avenue got a variance avenue however what do we do about the fact that the finding and acknowledgement of what the zone was what permitted use was in 2015 and those findings i don't really if the board had a chance to digest the material you may find mayor i'm not not presupposing this that that all we need is an acknowledgement and finding that that uh that that he'll be allowed to continue uh uh has permitted but now but the vital respect and also uh taking suggestions of the planning director that was the reason for me submitting we talked about this wednesday over city

[1:34:18] court and that application was put together that time along with the conditional use and submitted because i was listening and wanted to honor and work with the department with those two options but myself personally professionally i don't believe that that neither one of those courses is ethical here i think the only thing we need is an acknowledgement and finding by this board that you should permit it as by the director and also the building inspector 2015 is still apple in terms of zoning now you want to do some in terms of license that's that's different right your new community i think you've done a great job communicating that and the board understands that and they've expressed their wishes previously on the planning agenda to table it they do not want to take any action at night so i appreciate your time i appreciate your courtesy in the way that you presented this issue to the board tonight and uh and this book this board will pack an awesome thank you thank you this board will have time to consider all facts and take action on june 19th that's just one i think you could only consider a variance on the 19th because you wouldn't have a time getting conditional use so the plane if whitney is okay with submitting a variance application that could be submitted on the 19th for consideration right let me clarify the only reason i say that is if the board declined the variance application then you would go to the conditional use which will take more time the only reason i told you that is those are two valid options so the first thing the variance is nick is saying the variance would be the first thing that's presented if i may marry just one other point i don't want to be out of order but i want to be transparent in terms of the way forward in terms of procedure um i i do not want to offend uh any any any of the laws but the prosecutor and i and i believe mr american correctly for mom we had an understanding that uh that there would be a state and any enforcement uh uh regarding this matter and that's why he was he continued to operate so and and i've got an email from you know sports so i tried to generally answer your question in the email because i know you probably didn't know but that occurred on may 30th what i'm saying my point

[1:36:21] that's not what i'm what i'm from january one until that day you were operating a business without a business permit if i may quickly respond if you check if you check the license it was issued on first first 2018. it never was boarded until you look at the date it says april whatever when it was avoided and the money given back let me just make a suggestion here stay everything until the june 19th hearing for the variance if that's okay with everybody like there seems to be tons of information that just happened right now with everybody trying to digest everything yeah i'm just saying i don't know the i don't know what's what right now but stay everything until june 19th doesn't have an experience to put i don't support anybody doing business without a firm in the city i don't but anyway we've tabled a discussion that's all the time we have on the system agenda so we'll move on thank you for coming forward i appreciate that i have a citizen's agenda i got you okay excuse me uh the next person signed up is peter hamby would you please come forward i apologize i thought you were cutting off the citizens um if it please i have a handout for the for the castle is that all right and one for the record we're going to segue from car washes to a hedge fund bear with me um so a little bit about myself i uh graduated college as a nuclear engineer and went up to chicago to work i i'm from memphis uh raised here um i moved back from chicago in december of 2014. i lived in uh bartlett for several bucks with my brother because i did my parents and then i moved uh here to south england i live at 1270 dixie lynn drive which is uh off of davis

[1:38:22] south of church so they're on dixieland there's what maybe several a dozen homes they're like one and a half two acres pretty big homes um all we have access to all i can get is a t dsl i cannot even get a tnt universe um i asked a tnt to put in a work order they submitted a work order to to rewire it and they said it would cost sixty eight thousand five hundred dollars and so they said they weren't going to do it and i asked them if i wrote them a check if i could recoup the money and they thought i was kidding but i was serious but anyway that's that's it that's all i can do so subsequently i run a hedge fund out of 6814 crumpler boulevard in olive branch i would rather run the hedge fund out of south africa so i lease office based on crumpler and olive branch and i pay for an olive branch business license um i mentioned to you that you know in chicago i could get enterprise level broadband in any of the villages it didn't matter where i was in bartlett tennessee no matter where i lived in bartlett tennessee i could get to my doorstep enterprise level high-speed broadband i can't even get anything beyond dsl robot i'm going to brow beach a little bit i think it's a shame and i know it's a big hurdle um but i've got a suggestion and it's i think that one way to maybe

[1:40:26] approach this and i i had to confess i i did call chris shelton who's the i.t director and this peaked his curiosity a bit i told him you know i explained to him that the way the villages in the chicago area did their broadhead and fiber optic they really levered their franchise ability and they actually let sole source sole provider contracts and i think that there might be an easy kind of no downside way for you guys to explore that avenue you know just let out some rfps to cease fire comcast whoever you know there's going to be some sort of break-even ratio where their infrastructure investment pays off i know that sole source is a dirty word mostly but it can also be a pretty powerful tool for the community you know i would imagine there's some time frame where c spire would say yeah we'll come in and we'll do the entire city limit door-to-door fiber optic i would imagine that comcast or possibly att would have a same sort of break-even threshold for high-speed broadband door-to-door in other words no matter where you are in in south africa because right now the neighborhoods south of me they have a t u-verse the next neighborhood south which is the development a subdivision they have uh comcast so it's very convoluted right now there's three different technologies there's dsl there's broadband there's fiber optic here and so this is all i'm simply saying is that southaven's really growing it's a gem but i'm telling you this is driving people away i've got a

[1:42:29] sister who's an executive vice president for medtronic she's thinking about moving to covington she won't think about southaven because she needs to work at home from time to time and she can't use go to meeting and in other words what's she going to buy i mean it's very inconsistent you could buy on one block you're getting one provider one technology another block five this lot like that a lot you're on getting out of this so you know i just think there's something for you guys to consider you know lever that uh your that franchise power for the for the good of the community that's it i didn't want to browbeat you i mean it's obvious i'm just restating the obvious that it's a very fragmented it's very scattered it's the uh the internet situation here is just so poor even though you know what they call broadband u-verse if you look at the upload versus download speaks it's it's not that good i want to share just a little bit of information sure um just so you know there have been uh efforts on behalf of the city ceasefire in 2014 at a project going where they were going to come into city so we did a make application for that but they would come in and improve the internet infrastructure there are many areas in our city where there are lots of options i'm sorry that you're in a situation that you are i agree dsl is unacceptable in 2018. that's ridiculous the big issue here is these are private decisions i mean i don't know i guess i'm asking you what are you suggesting that the city would do other than just uh you know be a voice requesting a private business to do something but we really have no control over having a private business make decisions on what they feel is cost effective to install infrastructure on any given in any given area in the city i'm not an expert i'm uh i'm a portfolio manager i'm certainly not an attorney but i can tell you that you know

[1:44:32] even the city of bartlett anywhere i can get enterprise level high-speed stuff that all the villages around chicago pretty much like that too i mean it's really complicated right now i think it's serious to look at the fact of having one provider for the whole city it's something to think about or at least rfp it i mean there's no downside to see what that means what do you what can you provide but that's what i'm i'm not i'm i'm trying to ask you what exactly are you suggesting that we do how do we rfp something that's not a it's not a public service business we have we used to have magnolia it was it was you know we couldn't ostrich could afford to keep keep it up today it was city-wide it was done early two thousand chris chris sitting here and answered this question so i don't know he's done early two thousand before any of us were on board and i mean i'm getting rid of it probably six seven years ago just because it was so behind and everything else yeah we could we could not keep up with the money that's good yeah uh so what is your suggest how would we do that i'm asking just want to know more about what you're asking us what how do we rfp something that is not within our authority to do so you can't grant you can't grant a sole source franchise or for internet or that's a private there all all these carriers are private carriers we can't right now we have various franchise agreements with different carriers you know right xfinity compressed att cease power um so anytime one comes in we never turn it down as far as the franchise agreements go but we didn't we don't have the under the public service commission covers a lot of those things we don't have the authority to go say um comcast she'll be the only sole provider internet in the entire city okay do you have the um apparently i'm being shut out i can't order anybody else or anything else can you can you at least tell a tnt we actually uh i mean why is that

[1:46:36] violation well two things we have we have a franchise agreement with att them to go wherever they want the city so the att then chooses where they want to go obviously the city would under our franchise agreements gives them the right to go wherever they want to go same thing with comcast my understanding is some of these carriers don't go or it's not uh where there's not that much population and that's kind of what's happened i think they're getting more and more interest in that from based on our franchise agreements but from the city's perspective we've never turned down a franchise agreement for any internet basically from the standpoint of working the agreement out and making trying to get as many carriers as we can to many different locations over the last seven years at least that's been the uh norm for us for the city i mean we don't have the authority to go so so it sounds like you've got it's so fragmented that you're just that they just can't pick and choose yeah we can't tell the probability what where to go other than they can use our right of ways to get there we can make it easier for them to get there but we can't say you must go x y and z at these locations we don't have that authority and i'll say this mr hamby we feel your frustration i hear it a lot this is ridiculous i can't tell you how bad this is it's not good we know that you know there's a lot of people we've got new developments that don't even have access to the internet i mean to cable what about cellular-wise can you get 4g at your house because that's probably faster than what your dsl what you're using now i can't i can't get up at one o'clock in the morning and put in orders for deutsche terminoborosa in frankfort germany to buy one thousand german funds over that you know eight o'clock at night i can't call hang sang index and sell a footsie yeah no that's it's that would plus it would be tremendously expensive now that's not feasible so we appreciate the support i appreciate the information yeah that that's why i

[1:48:39] answer your question can sound even compete in the digital economy we certainly want to have the best options for all our citizens but bottom line is we can't force a private business to add the infrastructure although we can use our voice and influence when we're in discussions and that does occur to express the need like your need i agree bsl is ridiculous in 2018. so we'll continue doing it and i have apparently no better option the public service commission i did well let's just come down here he's in alabama right now i talked to his assistant for about 45 minutes last week they it's their number one thing but here's the thing nobody's going to drop a bag of money in the south england's lab i mean they got a grant the great they got a 7 million grant and they're using that right now for research and scope and things like that any future grants are going to go to first responders into schools and then they have grants after that are going to go to the poorest rural parts of mississippi which south avenue and desoto county is not so you know are you just are you i guess here's my real point are you willing to just keep this situation along and say our hands are tied because these are independents and you've got for god's sakes i can go to bartlett and get what i think i guess no that's not what i'm saying i would say that we welcome your ideas i mean we welcome there being more options but what i'm telling you and what our city attorney i think is telling you is that there's some things that legally we can do and we can't do we can't force anyone to enjoy plus another thing these technology these communication companies they're all they're all changing their model because and they're not putting ground cable anymore just because the technology's changing dramatically every day and they're all i mean pretty soon within the next couple years this will all be through tv towers wi-fi i mean you'll have 5g they're just not they're not going to spend they're not spending the money to to route the cables and

[1:50:41] fill neighborhoods like that when it will be obsolete in three years and that's a lot what's going on people said that two decades ago it's all due respect we have to move on absolutely thank you for your time everybody thank you thank you thank you okay next on our agenda well first of all uh we had two people that signed up on the agenda was there anyone else that wants to speak on the on the citizenship okay we'll move on next on the agenda is our personnel not you mr mayor we approve the personnel second we have a motion baltimore brook second bottom of wheeler is there any discussion hearing none roll call yes that motion carries all right next our agenda is our city attorney's legal update two quick items uh first just notification no action required by the board but um our contract with aci uh for the payments award utilities online the debit price which is paid by the person paying the actual uh bill the debit price went to 125 and credit prices are 75 cents in addition to your bill you just need to include a minute further contract they could increase it notice they gave that notice it's not paid by the city it's just paid by the person who uses the online mechanism you just notified that for minutes the next item is a contract with amd this contract is for the uh medical billing and ambulance building for uh city of southaven fire department and just need approval for the mayor to sign that contract made a couple of changes to it interviewed by the chief scavengers and fire department tonight approval for that the marriage sign so moved second we have a budget involved in brooke second baltimore is there any discussion next on our agenda is our claims adopted

[1:52:59] mr mayor i moved the approved claims docket in the amount of two million five hundred and eighty-five thousand two hundred and seventy dollars and seventy three cents including demand tax second we have a motion involvement main second volume in flores is there any discussion hearing none we're all called yes yes yes yes okay that motion carries all right next on the agenda is the to determine the need for executive sessions we have a motion by alderman brooke second ballerina wheeler all up ever say aye all posts say no nice habit motion carries now we need a motion to declare that decision well excuse me let me tell you the the need this evening is claims litigation involving city infrastructure and police personnel in southampton police department courts and planning department and economic development uh within the city of south haven is there a motion to declare absolute connection so we have a motion by arnold brooks second bottom of pain all embarrassing all those say no i was having motion carries the mayor board will now enter executive sessions [Music]

Captured 2026-07-26 · source: youtube.com/watch?v=NFdx1JiwbDQ