06/06/2017

[0:00:00] stand with me will be led in prayer baltimore gallagher and then the pledge of allegiance by alderman ferguson heavenly father lord we thank you for this beautiful june day lord we thank you for the elections and for living in a country where we have freedoms to vote lord or we pray your will upon these votes that are cast today lord bless our city 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 first on our agenda is the approval of minutes for the may 16 2017 meeting mr mayor but we approved the minutes of the regular meeting of may 16 2017 within conditions deletions or corrections second about motion pain second byram and kelly is there any discussion hearing none roll call yes okay that motion carries uh nexon agenda is authorization for the southern police farm application for the 2017 cops hiring grant chief steve pearl mayor requesting uh permission tonight to apply for the 2017 cops hiring grant to try to hire six new officers this grant will pay 75 percent of their salary over a three-year period mr mayor let we approve the police chief 2017 kyle's hiring program grant as president exactly we have a motion by alderman brooks

[0:02:02] second ballerman ferguson is there any discussion yes yes that motion carries thank you sir next on our agenda is the mou for northwest mississippi crisis intervention team mr nick manley this is the memorandum agreement it's between the um all the cities in desoto county with all the cities within the county and desoto county and it provides a protocol an intervention team for people with mental health issues and arrest type situations the one that was previously sent to you has been revised about 5 30 this afternoon i got a new one and it just includes adding parkwood as one of the hospitals that's participating in not just baptists so you have two hospitals that are in this agreement on parkwood and the parkwood systems in baptist it's been approved by the county and each other into you'll be improving it tonight subject to approval for each interview tonight we're proving the same as well so any questions i can answer from our chief pearl cam tonight authorization for the bear to sign this memorandum of agreement with the camp all the cities in the pacific county summit we have emotional pain second arm and hail is there any discussion just know this will include parkwood in the minutes is there any other discussion yes okay that motion carries next on the agenda's uh southampton fire department task force mou this is the task force mou

[0:04:05] with the south empire department of state agencies uh in the event of a crisis that has been used previously in uh sets forth the responsibilities and the goals of each entity it's only used or only the southampton fire department will only be utilized if they choose to utilize the corporate enrollment chief thornton on this but it was done in 2005 with hurricane katrina and two years ago i think with the tornadoes in north mississippi it also sets forth the protocol on how to get reimbursed for those expenses when we do participate in these crisis management situations tonight i think authorization i think is for um i think it's for chief portal i mean uh chief going to sign um or chief authorization of the mayor of chief during the signing as a required party i'll make the emotions mayor flores is there any discussion hearing nine roll calls yes alderman kelly yes ottoman hill yes yes gallagher yes yes okay no motion carries next on the agenda the resolution for liens for condemned lots these are the liens that we file for the convent lots that will didn't convert into assessments uh in the fall these liens allow for notice to in the event that the parties the properties are purchased before the assessment's filed we have second motion by alderman kelly second ballroom in maine is there any discussion among the board hearing none is there any discussion regarding any of the owners of the properties hearing none roll calls yes alderman kelly yes yes yes okay that motion carries next on the agenda as a resolution amending the

[0:06:06] south haven property maintenance code yeah this resolution as your this resolution will amend the property maintenance code as the mayor notes as you recall the proper maintenance code was passed two years ago and since that time a couple of tweaks that need to be addressed the main item this resolution addresses is the you have to have an adjudication of some type of guilt or some adjudication of guilt before the per day penalty can go into effect uh in the past it made it a little um it wasn't it was being different interpreted differently so this makes it clear that there must be adjudication appeal without per day uh thunder will be assessed so in other words you're given notice to fix the issue under the code you then don't fix it you're giving the summons to court you then go to court the judge gives you a certain amount of time to fix it and and then and only then after that time can you then be assessed fine so it gives up extra due process in that regard also it clarifies the city still has the right under 21 1911 to condemn lots as we do in the cleaning up cleaning and private properties that paragraphs could clean up a little bit and finally it also addresses a board with that only the only thing that's appealable for the board of adjustments is when you get a notice from a code officer you can appeal that to the board of adjustments for um if you don't feel like the notice you've been given to clean the property previously it said notice or order so we just cleaned that up this order could have been interpreted to emit a court order and so we wanted to just be the good notice that goes to the board of azeroth's adjustment you obviously can appeal the court order to the legal the legal side of things but not the notice we'll just conquer the board of justice so any questions i'll be happy to answer we have a motion baller in hell second bottom in ferguson

[0:08:08] is there any discussion yeah is this going to delay any of our process that we have in place now no so it won't delay it it will uh give clarification to it but it will it will still the um the actual procedures to issue the ticket issue the fine will be could be the latent standpoint of you have to have there needs to be some type of adjudication but the actual process of getting a ticket getting the court getting the property cleaned up should not be delayed based on the fine so you're actually adding a step to this process you're adding a step before you get this we've we've always interpreted it this way it's the way it is it's there's been some confusion between the city and the court on how it would be interpreted so this just nothing is changing other than it's setting forth how clear terms on how the fine will be but we thought it read that way to begin with if in other words so now there's no mistaking about that reads in our opinion and basically just i'll add just one simple thing to that basically in some of these um the violator was given a fine but they were never corrected the problem so this has cleared it up to where it's clear among all parties that when the court makes the decision that there is a violation they will have a clear amount of time to correct the problem rather than just hanging out there and definitely that the offense never gets addressed and then after that time frame is when the birthday fund kicks in correct right which we obviously hope that that never happens to anyone i mean it's not there to collect the finest there to improve the property values of the city so it does gives the person the opportunity after opportunity to address the issue as opposed to paying the bond is there any other discussion hearing non-roll call yes

[0:10:10] kelly yes yes that motion carricks next on the agenda is an agreement with gdc llc this is just the authorization for chris wilson to sign a release so the city can receive 22 six 140.86 uh it's an insurance payment um for uh some uh water damage we have our police department it's the full amount that's owed to the city uh so we can't sign a release because we're not compromising the amount that's owed to us so since it's the full amount owed uh and paid and then the only way to get the money is to sign the release authorization for criticals to sign the release to receive the money from the gdc llc so moved second we have a motion ballroom in flores second ballroom and gallagher is there any discussion hearing none all in favor say aye aye all opposed say no eyes have it motion carries next on the agenda is a resolution for firearms for retiring police officers i don't know if you're here tonight or not but um there's i think there's four resolutions tonight uh for uh surprising the firearms uh to retire and fight police officers uh the first one is for officer or sergeant mccormick um anita i think there's we'll do it individually but uh would mcpherson improve it you could i guess we could do it in one and just say that's something that's going to go for all uh all the uh officer resolutions i think it's for mccormick wood pruitt and i think it was there one more big fear i will make that motion and i will second yeah we're all full that's all four okay we have a motion by alderman flores second ballroom in ferguson is there any discussion hearing none roll call yes okay that motion carries all right

[0:12:20] next on the agenda is the declaration of july 3rd as a city holiday the governor gave that option the board has to put on expenses motion monitoring florida second ballroom and kelly is there any discussion hearing none welcome yes yes okay that motion carries next on the agenda is a resolution for real property tax exemption for geodes logistics llc yo this sounds good uh this is a real property tax exemption for geodes it's been recommended by the soda economic council and it was approved by the county yesterday it's just for the real property and there's quite a few jobs we'll be bringing with this under what they're at under their appetite they're under their plans so tonight was the authorization for that real property tax exemption and um for the american sign the resolution and to send the documents to the mississippi department of revenue second we have a motion ballroom in florida second baltimore and brooks is there any discussion do you have one request ottoman flores is our representative on that council in most situations on especially the larger ones i'm usually involved in those discussions i know that a lot of these are smaller and they're quick um could you send like when y'all have your meetings when we do have these would you send me like a a list of the ones that y'all that are going to be brought before the city sure and it's not a big deal i just i didn't know the details of this one i'm just like to just be on the note about it and you're my rep if you would help me i appreciate that sure okay is there any other discussion about this resolution hearing non-roll call yes

[0:14:28] yes okay that motion carries next on the agenda is our resolution for sanitation assessments this is the resolution to assess our filings for those who haven't paid the sanitation or the same patient b so moved it's joining the numbers second we have a motion ballroom in flores second volume and hail is there any discussion hearing none roll call yes and that motion carries thank you nick next on the agenda is a resolution to claim private property mr mayor eventually adopt the resolution granting authority to clean private property presented on the state we have a motion baltimore brooks second ballerman kelly is there any discussion among the board hearing none is there any discussion regarding any owners of the properties on this list yes okay that motion carries next on our agenda is our planning agenda miss whitney cook i guess our first application we've got a request by the college road land company llc to vacate the existing pud on the property our ordinance section 13-12 m states that uh either the governing authority or the private property owner has the right to vacate and go back to the original zoning if they see an error i think there's been changes and there's been no dirt turned on this property this is 152.96 acres um on the north side of starlanding between 51 and 55. you'll see there's a lot of residential

[0:16:31] involved with it this was adopted a long time ago at 03.04 prior to the planned business part the design that came around it it's no longer conducive to residential so staff agrees with the request to vacate they plan on coming back taking a look at it and doing another planned design on it which we'll bring back to the board of aldermen that comes into play with a little bit more of what's going on around them so the request is to vacate it so move second okay on item one we have a motion by alderman brooks second ballroom and gallagher is there any discussion hearing none all in favor say aye aye all opposed signed up nice habit motion carries on one item number two we have a request for a conditional use permit for 150 foot monopole tower to be located at 8245 catwall road also the site is timothy's episcopal church uh the request is to go on the back side of the property uh approximately 80 feet off of rasco road into the inside of their property lines um they had submitted originally some landscapes some chain link vents barbed wire around it we had them change that out revise it to a sight proof six foot pens a lot of greenery around it we did look at some different options for the tower you know there's a lot of things that can actually hide the tower mainly on a height like this it was a mono pole you could do a mono pine we clearly don't have 150 foot pine trees around there so the board or the planning commission thought that going with a standard poll would be the best option for this area this is a black air blackout area for a lot of cell phone coverages they have agreed and placed the three areas for co-locations for other cell phone companies to utilize the same tower so it is compliant with what we require and structural breaks have been in place and designed by a structural

[0:18:34] engineer that being said it was very unanimously for the standard monopole with those changes to the fence of the landscaping but it was voted unanimously with those changes by the planning commission forward mr mayor i'd like to make a motion to approve item number two on the planning agenda second on item two we have a motion by arm and ferguson a second modern and kelly is there any discussion i notice it says a sight proof wood fence or a chain link fence with the privacy slats is that we looked at birth we went with the options were put out there by the planning commission uh it ended up going with cyber fencing does that need to be removed forward put in the minutes yeah we'll go into the minutes that's why in the minutes right now that it'll be what did you say is there any other discussion on item two hearing none roll call yes item number three we have a request for subdivision approval for rasco hills section g which is going to be on the south side of state line road east of horn lake road it is an extension from the existing section e and it has a step out from existing roadways this was an overall pud with minimum lot sizes and minimum heated square footages we have checked the pud text it is compliant with what was approved and we recommend approval with no changes i'll make that motion second we have a motion balance second bottom and pain is there any discussion

[0:20:36] how many lots um this one will have probably 15 minutes let me see 23 lots i apologize 23 lots on this one approximately 60 by 120 they're going to back up to that open space where the tva lines are i think they're already doing something we're probably doing a lot of the dirt work we've been working yeah we work through it um to get the gradient range your civils can come in parallel to your actual lots is there any other discussion on item three yes okay that motion carries on three uh our final one uh item number four's request for subdivision approval for cherry hill phase three it's gonna be on the south side of rasco road east of sweeney overall bud was approved in 2006. uh this particular phase has got 25 lots in it it's on 5.42 acres it does have some common open space that incorporates a decorative fence some landscape and sidewalk areas all the responsibility of the homeowners association obviously rascov's been built out so there's no improvements to be done to the major arterials it is compliant with the text that was approved back in o3 and was recommended for approval so move second we have a motion ballroom ferguson second ballroom and payne is there any discussion on io4 can i take this time to say how amazing rascal road being cut through you better believe it just like everybody likes that everybody knows directly you know somewhat relate to this thank you for saying that all our pain any other discussion on four

[0:22:42] hearing none roll call yes yes okay that motion carries thank you all right next on the agenda is the mayor's report just a couple quick things uh first of all i'd like to make everyone aware of an organizational change as you all know code enforcement falls under our planning development department that is overseen by whitney cook um but in order to free whitney uh you know to spend more time with all that we have going on planning we have a lot of things going on with planning and development right now uh it was we'll take a load off of her to have someone that's qualified to be the supervisor of our code enforcement it's no secret also that the last four years this board has taken steps to improve the quality of our neighborhoods and to make our code enforcement division more effective we have done that by in 2014 by adding uh three new code enforcement officers um along with that to further improve it and to make us more efficient and to help us do a better job we've made a recommendation that we have a code enforcement supervisor and we have a person that's done an incredible job for us not just with code enforcement also cross-trained handles a lot of building issues for us as well and has definitely a large amount of prior management experience with a prior career and is definitely the person for the job for this so we it's our recommendation organizationally um that we don't need board action we just want to let you know that we're moving harold mears to be our code enforcement supervisor very proud of harold and what he's done for the city and he's agreed and to accept this new role he's with us tonight harold would you stand up for us just a quick round of applause okay last thing on june 27th we've been to say we've been rounding around about this with our city attorney is the understatement of the year but

[0:24:45] something that seems simple is actually very complicated by the way the days fall with the new swearing-in of mayor and board for the next term by law the board has to be sworn in by and mayor has to be sworn in by july 3rd which that's falling right in the middle of july 4th holiday so i had already made a decision that i wanted to be sworn in on june 27 to go and get that out of the way but we can't do we had initially discussed possibly doing a swearing-in of the board of aldermen on july 5th but we can't do that so the swearing-in is going to have to happen before july the 3rd so it's my suggestion to the board that we do it all together on june 27th that you know no one has a problem with that um that's not something you have to decide tonight we do need to make a quick decision so we can go ahead and plan that um but it's my recommendation that we that we do one ceremony on june 27th so if y'all will let let christy faulkner know in a hurry if you can you know we'll need to know we obviously wait after tonight to know that but then in the next few days we need to let christie know so she can plan accordingly okay that's all i have this evening next on our agenda is our citizens agenda and we do have one person that has signed up to speak miss crossy ella fichtdorn yes good evening everybody and i was listening to miss whitney here my problem is the builder behind my house and he came seven years ago i wanted to level everything behind jacob laying on our stretch and he said he would put in a an extra fence above you know past ours and he was going to plant trees now i hear uh some people they want to do something she just you know they all have to have this they all have to have this so i want to know why they haven't shown up

[0:26:48] in our backyard well i think i explained to you that they were planting him on fall because you plant trees in the wintertime and once he had the road right but now we're in june and he's going to say he's going to say it's too hot now why i thought he was going to do it in the spring no he said when he got the road complete the road is completed no ma'am it's not i've dropped that road everything i'm telling you one thing it's seven years later and i'm sorry he is getting away with it and i think it's wrong because after all if they make a promise then they need to come up with it i don't care if he's got a problem we all have a problem we have had no trees in our backyard like we have before just to accommodate him so he wanted to make his subdivision pretty that's great but i want trees and i don't want three feet trees in my backyard now oh you better put some good trees back there what are the requirements there's no requirement he did it because they've asked him to there's he took the trees down on his private property exactly what you're allowed to do he doesn't he's not required to screen the neighbors he has agreed to do it um once he gets so somebody can come in my backyard and do whatever that is no not on your back if he comes in your backyard and takes your trees down absolutely but it's are you talking about you think behind your fence is yours well they see behind we had a fence and then we had a hill on the back there and we had it up to the top of that hill and we had trees in the back there and he leveled all of that out is that your property or your property so you're saying he's built that road on your property not the road but well there's like three feet right there so that three is yours but he took whatever he took with my trees on it i don't mind whatever you think probably we have not had but we have not had somebody inspect the

[0:28:50] well and that's a big allegation if he's encroaching on your property and carrying it's not he he took down whatever up to his property i guess okay okay exactly and he was vegetarian he was going to plant trees that's it and then the other question i had was i had mr cordell over there i want to know where the water from that subdivision goes because you know we got additional back at the other part of jacob lane and the ditch is getting bigger and bigger so we want to know why would they let the water run all the way down there so you all think about it okay yes ma'am i appreciate you coming forward and all these things are addressed there's no development that happens in the city without a proper drainage plan so that we will get drainage goes in our ditch and you know that well i don't know that mr cornell would you please uh would you please answer your question and back let's do one at a time if you will for me on the tree issue um whitney's already indicated that the property owner will plant new trees there the city cannot prevent someone from taking trees down their own property they have that right if it's their property obviously they can't come on your property take your trees down but we will follow through and we will be in touch as a development line miss victoria we can't stop someone from doing something you would you would lose your mind if we can try to take trees off your property we can't tell another person what to do with their property you know that very well i'm not saying what it is is i am not sure exactly where my property line was behind there but there's a way to find out and you need to know that so nevertheless we trusted him and he put that fence back there um past my fence and that's fine and he was going to put priests behind that so that's all i'm asking okay sure and whitney you'll verify that he's not doing anything he that it is on his property that's easy i've spoken to him and he said even though he didn't have to do it he did speak with her he agreed with her husband they would plant some

[0:30:51] trees once the irrigation got in once the road's complete the road does not have a final lift it's not our road yet there's heavy construction all that property right now you plant trees right now you're gonna shock them right the road work that's going on in the heat unfortunately you know that you plant in november right we're not here to argue though the answer to your we're going to give you an answer to your question we will verify that it is on his property no i'm not disputing the property line okay we'll follow up with him but again we can't force him to do that at a given time he'll do that when it's the appropriate time and as far as the drainage dan would you please address the drainage from that supervision we check the ridge line that goes for toward her subdivision there's a section of bramble section d that drains toward that direction but it looks like it hits we've got to pull the the construction plans actually know exactly where all the drainage goes but we're in the process of doing that and we'll give her a number or come back up here and give her a number of the impacted flow but it is safe to say we're not going to allow a development that puts more water in on her subdivision and puts her property in jeopardy great okay thank you thank you okay next on the agenda is our personnel docket mr mayor who will approve the personnel documents presented on the state we have a motion from alderman brook the second ballerman gallagher is there any discussion hearing none roll call yes conor mckelly yes yes okay that motion carries uh next on the agenda of the city attorney's legal update

[0:32:52] uh i think everything i had was oh just need an authorization to refund a lien that was paid for assessments paid for the city for the address of uh 1091 frederick tribe it was one of those that uh the celine was not probably the assessment for two years ago the guy the gentleman who bought it had no knowledge of the lien and so many clothes he paid the assessment and he would have offers he would have known even pay as they would have to process the notice so um observation to refund that amount of 156 dollars and authorization to proceed after those who won absolutely do i have a motion alderman ferguson the second of all gallagher is there any discussion hearing none royal call yes yes okay that motion carries next on the agenda is our claims docket mr mayor move we approve the claims docket in the amount of 2 912 765 dollars and 41 cents including demand checks second we have a motion ballroom payne second honorable flores is there any discussion hearing none roll call yes yes again that motion carries next on the agenda's i'd like a motion to determine the need for executive sessions we'll move promotion byron brooks second ballroom flores all in favor say aye aye all posts say no nice habit motion carries the need

[0:34:54] is claimed in litigation against city infrastructure and parks potential sale of city property and economic development is there a motion to declare an executive session we have a motion baller machine second ballerina brooks i don't ever say hi all opposed say no i'll just have it motion carries the mayor board will now enter executive session right

Captured 2026-07-26 · source: youtube.com/watch?v=niu44BKcLC8