06/18/2019
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[0:00:00] meaning to order please stand with us we will end prayer in the honor of gallagher please remain standing after that for the pledge of allegiance that will be glad in our mind heavenly father lord we come before you once again to ask your blessings on our meeting lord lord we thank you for the good things that you have given the city of south haven lord lord we pray for protection for our first responders lord that are out there each and every day lord that you would uh just bless our country as well and uh bless our meeting in your name we of the pray states of america and to the republic for which it stands one nation under god indivisible with liberty and justice okay first on the agenda again michael is the volume right sounds odd just unless you there's something that what is something's different it sounds different go ahead and do a wrap and see right is that that's better right there thank
[0:02:13] you thank you i appreciate that's good okay next time again as approval of minutes for the uh special meeting excuse me first the regular meeting on june 4th 2019. mr mayor move we approve the minutes for the regular meeting of june 4th 2019 within the admissions deletions or corrections second we have a motion balancing second by alderman brooks is there any discussion with a special meeting on june 10 2019. mr mayor move we approve the minutes of the special meeting on june 10th 2019 with the additions deletions or corrections second we have a motion balance second baltimore brooks is there any discussion hearing none roll call yes yes that motion carries next on the agenda is about the minutes for the special meeting on june the 11th 2019. mr mayor i mean we approve the meeting for the amendment for the special meeting on june 11th 2019. we have a motion by alderman payne second ballroom gallagher is there any discussion hearing none roll call yes yes that motion carries next on the agenda is a resolution for the amended procurement card policy mr nick manley city attorney this resolution will just amend the procurement card policy basically it cleans it up some takes the references out from the mississippi from the state mississippi to the city of south haven tailors it towards our individual needs also makes reference and note that the iot department will also be able to have a procurement card that's been used by them in the past so
[0:04:15] that way we'll have two procurement parts which is consistent with what we're doing now but it'll be authorized by policy um it's consistent this policy is consistent with the audit guidelines as well so tonight's as a resolution to approve the amendment report policy for the precarious card by the city i'll make that motion second we have a measurement flores second dollar and wheeler is there any discussion hearing non-roll call yes yes that motion carries next on the agenda is an adjustment for our waste connections agreement this is just the annual adjustment by waste connections pursuant to the cpi it won't affect the sanitation rate [Music] for those who choose to recycle it does affect that rate so that will increase by 13 cents a month for those who recycle oh so tonight we just need authorization to accept the adjustment pursuant to the contract with waste connections along with the uh increase of 13 cents per month for those who do the recycling mr mermaid accept the waste connections adjustment ask president we have a motion bottom in brooks second volume and pain is there any discussion can't authorize a 13 cent recycling charge part of the motion per month is there any discussion hearing none roll call yes yes looking for it yes motion carries next on the agenda is the resolution to claim private property mr mayor moodle will adopt the resolution granting authority to clean up property presented on the state second we have a motion by alderman brooks
[0:06:18] second of and kelly is there a discussion among the board hearing none is there any discussion from anyone in the audience that has a financial interest in any of the properties hearing or seeing none roll call yes that motion carries next on the agenda is our planning agenda miss whitney cook uh yes sir first application we have is a request for a conditional use permit for firestone complete auto care they're requesting to be on lot 2 of snowden farms and give you an idea where that's at it is on the goodman road frontage between where the new trustmark bank is and where the cbs pharmacy is they'll be sharing the existing access point that's already been permitted by mdot right there with the bank per their applications they will have no overnight storage they will not have no outdoor storage uh it will be 24 hour turnaround on their facility trying to say all their facility amenities they've got um all of the storage they've got will be on site enclosed in a structure they do have an office and a sales area up front so with that being said we recommended a one-year conditional use permit with a four-year extension as we would renew it annually as we do with all our motor vehicle repair mr make a motion that we approve item number one planning agenda as presented one i have one we have a motion bottom in flores second bottom of wheeler is there any discussion hearing none royal calm yes yes that motion carries item number two is uh the same project firestone complete auto care this is their design review package uh what we asked them to do was take into account
[0:08:22] uh the design standards of cbs pharmacy and also the trust market they chose to go with modern design which you can see it there we asked them to dress the back side up was a faux window since that will be against the dropper cbs pharmacy if they did comply with that uh they did our landscape revisions we asked them to they added in the decorative lighting we also asked them to design the entrance where the d.o.t entrances between them and the bank um match what the trustmark bank had done as well so it's kind of like a grandiose entrance into snowden farms there uh they didn't comply with that as well the changes you see up there are the provisions that were made by any commission recommendations by them so with those changes we recommend approval mr make motion that we approve item number two on the planning agenda tonight on item two we have a motion bomb at fluores second ballroom and wheeler is there any discussion hearing done roll call yes yes yes yes that motion carries our last application is also promoted vehicle repair and this will be at 8849 uh hamilton uh it's gonna be on the south side of state line right behind waffle house most people will remember it as jones davis engineering there's two structures on the site motor vehicle repair request is for the structure that is actually up against the road a new person bought the property uh if you've been by there lately they've done some major repairs to it they're putting some decorative fencing on they painted it they have put some overhead doors installed those they're adding landscape to it this is also for full service motor vehicle repair on the site storage will be here over 24 hour periods so there's been a contingency that has to be behind the screen fences and any materials have to be stored inside they've agreed to that with that being said we also requested for one year conditionally used permit with a four-year extension mr mayor make a motion to approve item number three on the planning job as presented this night second on item three we have a motion involving kelly second volume and hoots is there
[0:10:24] any discussion hearing done roll call yes that motion carries next on the agenda is mayor's report i have a few things to discuss this evening i'll start off with it is time for the city to renew our property casualty insurance meaning our buildings our police cars our liability insurance our workers comp we have that now with travelers insurance the city uh has not had the best loss ratio when it comes to that um nothing that's unusual on our part you know just you know more indicative of some of the challenges that we face with law enforcement and things like that but with that our broker did shop our business take it to the market shop it to see you know the pricing the best pricing that's available and we do have an increase last year the city paid 1 million 539 thousand dollars for this coverage our renewal this year is 1 million uh 620 thousand dollars that's an thousand dollar increase which is about five percent um some of the uh carries in the marketplace uh refuse to quote uh which again is indicative of our you know loss experience so it's my recommendation that we do renew the travelers it is time to do that uh the renewal date is july 1st so i'm asking uh the board to make a motion and to approve and authorize me to renew the insurance policy with travelers do we have a motion by alderman wheeler second ballroom and gallagher is there any discussion nick does the motion need to include contract signatures yeah it'll say hold on the minutes any other discussion hearing non-roll call
[0:12:28] yes okay that motion carries uh next thing i want to update everyone on we are um attempting to schedule another ordinance committee meeting as you all know the month of june uh in july it will be june has been extremely challenging for our schedule with all that we've had to do with special meetings and such but i want to warm you up or at least you know kind of put something on the radar at the next meeting the talk with you the tom brown situation for commercial properties over 10 acres is that going to are we going to try to put that on next meetings the next meeting we would like to um unless there's more discussion needed but it's i mean and you can explain it it's just uh further defining for large parcels property yes one's pretty simple i don't think it's necessary that we take it to the ordinance committee i think we can talk about it tonight be prepared to vote on it next time but basically what we run into you know with the delays in uh residential development because of the housing crisis in 2009 uh there were developers that went bought large parcels of land that they have not been able to develop yet and we realized that it's not practical to require someone to bush hog uh land exceeding 10 acres like a lot of a lot of these parcels are you know they're in wooded areas they almost have an agricultural look and our ordinance now basically treats them like every other like if the grass the grass can't be over six inches high well that doesn't make any sense if you have an area that's like a pasture agricultural look to it and you're expecting them on a parcel that's 15 20 acres to go out and keep that at six inches and so we believe that it's a that to be fair um that if it's 10 acres or larger that we would just require that it would change it to where there's a perimeter around it so that that stops the undesirables of rodents and snakes and like that that could be back you
[0:14:31] know could be adjacent to a city street or a residential home so we feel like that is a more common sense realistic approach to that now we've listened to some of the property owners and whitney and i and code enforcement i went on site with them and they showed us some of these and when you look at it it doesn't make any sense so we'd require them to cut all that so we think that we can kind of change the ordinance or recommend changing it if it's 10 acres or larger that there would be a um either you know i think we talked about 300 i think 200 maybe i think we can shorten that to 200 but uh but require a 200 yard perimeter cut around it keep that six inches or lower but not require them to cut the entire thing i think that's more of a common sense approach but um but that's the first thing i just want to inform you we're going to tweak that and try to put that on the uh next meeting but can we talk about that so let's open up the floor for discussion about that you talking about 200 foot from all the way around the property or yeah just like for example like if you have a line of residential homes behind their fence and they're adjacent to one of these parcels of land require them to cut it six inches 200 yards from the property line that way you cut down on you know the bleed over between uh snakes and rodents and things like that uh you know i don't i think most most of those creatures are probably not going to want to travel 200 yards you know but if you if you didn't cut it you know that's going to bleed over to their yard they're going to have rats and snakes 200 yards so that's a sizable yeah and we initially talked about 300 but i think that's a little overkill you know 200 yards like 200 yeah too much be fine with doing 100 yards i would rather keep it at 200. that's 600 feet they're not going to travel yeah i mean if they are they are it's not going to matter back up to a wooded area
[0:16:33] yeah right yeah this is just the the grassy areas yeah but that's that's just the thought process but it could be um you know if y'all want to make it shorter we can talk about that but i i think 200 is like like honorable flores said i think that that's a pretty that's a that's a large stretch yeah you gotta have some fast sprinting rats not to say we don't have a view but anyway just want to warm you up to that is there any other discussion about that if not then we'll we'll adjust that put that in written uh format so you'll see that before on your packet before the next agenda and we'll change that to uh 200 whitney will you make some notes and let's go ahead and uh let's drop that down to 200. yeah i've got it written down and i've got the section where it will go already to you and i guess the format for the ordinance okay and then the next thing i want to update everyone on we've had a um we're not unique uh cities across america have started to have some challenges with um vrbos vacation rentals by owner people leasing their home out you know for specific events in their city like i'm sure it would start in you know like college towns where there's college football going on or sports uh people can uh when the demand for hotels is high they can lease their property and get a large amount of money for a short amount of time so it's become very popular and even in south haven we're starting to see that where people are renting their residential homes out for a weekend well you can let your imagination go there could be all kinds of events you know when you get into you know bachelor parties things like that you know there starts to be some negative things that that the neighboring property owners do not appreciate so it's we're again we're not unique that's something that uh all cities are kind of looking to see is there an ordinance that we need to put in place to protect you know the surrounding property owners
[0:18:36] this is not just with residential properties we do have event centers in our city we have an event center off of tula homa that has had a recent event and there have been some other events in the past where when they had a when they rented the facility the people that rented the facility did not comply with the rental agreement and there became issues with [Music] occupancy the number of people at the event also noise other ordinance were violated police were called our police did respond appropriately but we just feel like that we need to step up as a city and get a grip on this it's starting to be a more common thing there's one event just to put this in perspective we had an event that had 1 000 people at a swimming pool and you can just you know visualize that it can become a public nuisance to the surrounding property owners and i believe it's something that we address and we need to do something about it we're working on that i just wanted to update everyone i know we have some people in the audience that uh that have some concerns about it and on the citizens agenda we're going to give them a chance to speak on this issue as well but just to kind of give you an idea of what a proposed solution could be obviously with our fire code we do expect property owners to comply with occupancy code so there may be a way that we could um you know have inspections the battalion commander at any given time uh whether it be a saturday night friday night whatever uh we have a situation where the police can contact the battalion commander they can make an on-site inspection and if there's a violation of the occupancy code that we could tweak that to where if you have multiple violations within a certain period of time uh that your certificate of occupancy could be revealed and i will go on the record i i've never shied away from telling people what i think in the city
[0:20:38] i think that the property owners have a responsibility it's not fair to the surrounding properties for them to be harassed and a lot of times when these events are broken up by our police the police have done their job but it doesn't stop these people from retaliating with the neighbors that contacted the police they obviously know that somebody called the police so we've had situations where they retaliated against their neighbors and this should not be going on in southaven mississippi so i believe that this board needs to step up and do something about this problem so again we don't have the specifics of it that will be something that we either bring to the ordinance committee arnold gallagher or we'll have that again on a future agenda but just generally we're looking at addressing this from a fire code standpoint and uh and then there will be some penalties for abusing that and that's all it has or any other discussion before we move on to the assistant's agenda about that issue okay all right we'll move on uh next on the agenda is our citizens agenda and we did um first of all since we're talking about that we've been contacted by lauren boone and did you want to be present tonight to hear the discussion did you did you want to speak tonight um this is my mom kim she actually lives the same drive as the event venue okay and your property owners in the area correct yes mary would you like to speak sure okay please come forward thank you all for hearing this because this is really important to us um first of all some of you might know i kind of have a sentimental attachment to this place where i live right at church in tula home excuse me this was my father's house that i live in and it's at the end of the driveway of spitfire anchors some people think that those are both our properties but they're not right in the backyard of sacred heart school we have had um
[0:22:40] occurrences with spitfire that have just continued to escalate last year in july our house was shot by a nine millimeter bullet from a person that was at a 16th birthday party at spitfire acres the mother was so concerned about gang activity that they had metal detectors and a security guard and they got totally out of control and we're going down my driveway firing back at the party we have a bullet in our porch column we have tried to work with the owner there my husband actually is the one that gutted and totally rebuilt that place so we had a relationship with them but we have gotten no response as far as trying to really control the type of people that are renting the place two weeks ago there was a party that was it was rented for 50 people i was told it was a teacher that rented it and within 20 to 30 minutes there were 300 people there on the deck now let me paint the picture of what these parties are like like the mayor said you can only imagine some of these things but me being right there at church i mean at tulahoma right past sacred heart school on the first drive there cardiff gardens which is i don't know i don't know how far you would say that's a way but good enough peace that they shouldn't be hearing the filthy music playing from there i was in jamaica and had people texting me asking what do we do what do we do the music was just atrocious they're not supposed to have pa systems they're screaming filthy things like to the point where my neighbor across the street she has her grandchildren out in the pool she has to take them in because it is just that it's just a nuisance people flying up and down the driveway um
[0:24:42] the tuesday after memorial day the principal at sacred heart called to ask what in the world was going on at sacred heart i mean that spitfire that day because when she drove up into the parking lot there were clothes and bottles and cans and she saw some things on their video surveillance and it turned out i think that was the party across church road onto oklahoma the owner of spitfire also has a house that's directly across from sacred heart that is a vrbo and has had some really horrible things go on there when my husband was working there he could attest to there was definitely drug activity there was definitely a pornography film there with a huge production company so it's just it's unbelievable to be saying this stuff is in south haven i've lived here my whole life never seen anything like this but my thing is obviously safety and i just i just wonder too how a catholic elementary school sitting right there can have this many horrible things around it you know and just be i'm really scared for the kids i'm scared for all of us really do we not have nuisance laws as is even though they have a permit to have have a vets there they not have to follow yeah that's a good question that's the same question that i had the one that oliver and brooks just mentioned and the answer is yes and that's why our police have been able to respond like when when the police have been called they have taken action they have broken the parties up um any ordinance whether it be the noise ordinance and other public nuisance type things that we have on the books now they have been enforced but i think the issue is once the event is going on that even makes it worse because when the police are breaking it up then you have people that are there that are bitter that the police have broken they have been up and they're retaliating against the neighbors that fairly said that that's very very sad well and then i'm just taking off and i
[0:26:44] remember a few years ago a restaurant that's no longer open was having the same issues i'm chief long had threatened i think it's before you were mayor to come to us and ask for a board vote to shut them down for 30 days or 45 days i don't know nick may be able to expound on that that's even an option considering their business if it's continued nuisance and they've been warned more than warned that you know first step is hey you're you're no more event for 30 45 days sorry i think this this ordinance that we're going to pass or looking into passing will give us some type of leverage to do that under an ordinance it's um i didn't know the same thing as like with a restaurant or a bar so we have the based on what nick has told me and correct me nick if i speak out of time but um it's the way the the mechanism to do something about it is a certificate of occupancy so if there are repetitive violations like this with this new ordinance then uh then the certificate of occupancy can be revoked you know for a time gotcha one other thing is that they are selling tickets to these events and which is to get a drink or something which obviously they're not allowed to do but it is happening um and i know there's underage drinking going on there as well on the ticket i think that's going on the ticket sales that's going to be covered by abc i would imagine from that standpoint because i don't think you can i don't think you can sell at a you have to have some type of license before you do that so that that could be governed as well from that standard and we did contact them and they did go talk to the owners to explain whether you're here or not this is your center your responsibility on what goes on here i think that's um i'm understanding is they're pretty strict with that policy but that's something also that we can work with the police upon as well but i appreciate you coming forward and uh sharing your first-hand experience with that i'm sorry that that your families had to experience that with your property there i know that
[0:28:45] that your property there has been owned by your family for some time i know that a lot of people in there had an affiliation with sacred heart school and you make a great point how close the school is to this and again i think it just boils down to you know we we expect people to be uh conscious of the rights of the surrounding property owners and i think that there has to be some responsibility on the property owner's part to help us with this problem and so it's going to be my recommendation as i said earlier to go to the ordinance committee we're going to discuss this with city attorney fire chief police and we'll come back to this board and make a recommendation on something we believe can help with this issue okay thank you very much thank you you sure you're going to speak mark she covered it does anybody else on the citizens agenda we know we do have and i apologize for getting ahead of myself here about the library we have someone if you would please come forward i just want to tell you guys that we're having a great summer at the library and we appreciate everyone's support of the library this summer we're challenging every person young and old to read 20 minutes a day every day to keep the kids up to reading level if you come into the library we have 50 programs for children and adults all kinds of crafts yoga some great activities so we invite you all to come thank you thank you appreciate it thank you for all that y'all do at the library we appreciate appreciate that is there anyone else in the audience who would like to speak please come forward i just mainly want to get a follow-up on something that's been going on for a while now and you had it your mayor's report a few months ago and we said you said you agreed to give them 60 days before
[0:30:47] you readdressed the building at custer 51 and i wanted to know if anybody has checked back into that we need to know who owns that property or what we can do about condemning that property yes that's that's a there's been a lot of activity since that was discussed in fact it's a weekly activity right now the status of that is there's an insurance investigation going on we're frustrated with that frankly we want that to be over uh ready to see something happen there we share your concern but at this point uh if the city condemns it uh the city would be uh funding the demo of the building so if there's uh if that's part of an insurance settlement obviously it's good for the city that we don't have to pay for that so we try to be patient with the insurance company so they can complete their investigation uh sometimes and i don't want to speak out of turn i'm not privy to uh all that's been going that is happening with that investigation but i do understand that sometimes insurance investigations can get lengthy so at this point we've tried to be patient and we're still allowing the insurance company time to complete their investigation there is a limit to that amount of time and at that point we will come back before the board and recommend uh condemnation of the building about how long i mean i don't i i don't pretend to know and i understand that they take a long time but what i what i'm afraid of is the man will get payout and he won't do anything to the building and we'll still think there's an investigation going on so nothing will be done and that building continues to decline in decay right what i'm telling you tonight is that's not going to happen because this is something again that we speak about frequently we're trying to give the insurance company time to make their decision at that point we'll follow up with them and find out what their conclusion was and then uh if what you uh just the fear that you just communicated if that were to happen then we will step up and i like i said i'll recommend a condemnation to this board and we'll take care of that we're not going to allow uh for multiple reasons not only the way it looks it's it's horrific but
[0:32:52] also a safety i mean there's a fence around it's dangerous it's a public safety issue so we're just trying to give them again adequate time then we'll make a decision and take care of that well my biggest one of my biggest concerns is the safety issue because the kids are out of school they have nothing to do and that fence is just an invitation to get into trouble certainly now you're preaching the choir i agree with you 100 and uh the condemnations i mean the uh the demos after a condemnation uh it's a significant amount of money what do we spend on a residential home residentials are usually about 15 to 20 000. okay so then we're looking at this one is much larger uh they're going to be other things involved with this so you're looking at a significant amount of money uh we're just trying to be cautious with the taxpayers money and not get ahead of the insurance company at this point but we i can assure you again uh that we are on that and we there is not an unlimited amount of time uh we'll we're gonna file a backup with insurance company based on what they tell us we'll make a decision from that point does anyone else who would like to speak okay we'll move on next on the agenda is our personnel docket mr merrimack will approve the personnel rocket is presented on the state second we have a motion monument brooke second daughter and wheeler is there any discussion hearing nine roll call yes yes that motion carries next on the agenda is our city attorney's legal update let's have a couple quick items uh first on the on the building at custer i have emailed with the attorney for the insurance company and so she informed me it was under investigation this was an update so that was last week so i hope they'll know more in the future first is uh tonight uh thomas mastin as part of being the court clerk has to enter in his credentials in every year under the
[0:34:54] statute so tonight enter in his certificate of attendance and his training certificates he's received our last couple of years in the minutes um as part of his duties as being court clerk there doesn't need to be any vote it just has to be actually in our minutes and britain so that's why not to be interviewed in our minutes tonight um next also with the deputy court clerks um ashton anderson worley and lisa randall cunningham are boasting one of the deputy poor clerks our miscourt judge which he has authorization to do under his appointment that we gave him so just author just knowing those are being met are just no getting those will be those will be uh including the minutes as well no action i have to only say that and last item is just approving the uh butler snow contract for 2019 2020. our current contract expires on june 30th this year so this contract will be july 1 2019 to june 30 2020. should the statute outside firm must be appointed once a year so authorize that it's a signed by the mayor and it's the same contract as last year no changes whatsoever so authorize the contract and also offer others to help with litigation as needed on a monthly basis i'll make that motion second we have a motion by flora second honorary kelly is there any discussion hearing none roll call yes based on the agendas is a utility bill adjustment docket mr mayor we approve the utility bill adjustment docket is presented second promotion of aldrin payne second ballroom brooks is there any discussion very known roll call yes emotion
[0:36:59] next on the on the agendas are our two claims dockets is there a motion to approve docket one this may remove we approved docket number one in the amount of three million seventy three thousand two hundred and eighty one dollars and forty three cents including demand checks second we have a motion by rampant second volume in flores is there any discussion hearing none roll call yes that motion carries now is there a motion to approve docket 2. christopher may our move we approved docket number 2 in the amount of 329 thousand 232 dollars and 64 cents second we have a motion by alderman payne second bottom and flores is there any discussion hearing none roll call yes now motion carries next on our agenda is to determine the need for executive session some move thank you revelation brooke second mother and kelly all in favor say aye aye any opposed say no eyes have it motion carries the need this evening is claims and litigation against the southampton police department personnel in the south end police department the sale and purchase of land by the city economic development within the city and personnel in parks is there a motion to declare executive session we have a motion by gallagher second ballerina whose call bearer say aye aye any opposed say no eyes have it motion carries the mayor
[0:39:01] and board will now enter executive sessions oh
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