Mayor and Board of Aldermen - Regular Meeting

We got two engineers. This is going to be serious.

There's some people out here looking for you, Josh. Looking for me? This meeting of the mayor and the board of alderman for the city of Cleveland is now in session. If you have any business before this board, please come forward and you'll be heard. Let us pray. Our dear heavenly father, we come this hour of the morning to give thanks for the many blessings that have restored unto us. We thank you for the privilege and opportunities for allowing us to come together to discuss the business of the city. We pray that everything we do and say will be in your will. It is in Jesus Christ's name we pray. Amen. Amen. engineering. [clears throat] Whichever one, guys,

all all I have is a uh submission of our heat cutting contract extension. It's the same guy has been cutting it for the last few years. Uh same terms as before. Does he do a good job? Yes, sir. Yeah, we had a Okay, I can get into it. Well, we had a little hiccup last year without without it under contract and uh we want to straighten that out early this year so we don't have that issue. Then I make a motion we renew the contract. I have a question. Mot, excuse me. Did you say questions in? Yes. Okay. Uh I noticed that we've had this contract since 2022 at $33 per acre. Why have we not gone up?

Yeah. So, we talked about it a lot. Um that led to us not having it under contract last year. Mhm. And ended up costing us one thing, we didn't receive any money for the hay cutting. Uh and we were begging people to cut it because the hay market has kind of fell out or did. Okay. And uh it was a problem. So this year we've reached back out and I want to get it under contract as soon as possible quite frankly. Okay. Second the motion. Okay. A motion by Gary, second by Danny. All those in favor. Okay. Thank y'all. Legal ease.

Um the consent agenda is before you. It would require a motion and second to approve if you desire. So move. Got a motion from Ted. Second. Second by Gary. All those in favor? I opposed. Okay. Uh I what I oppose. You oppose the consent agenda? Yes, sir. Just one item on the consent agenda. Okay. And I can uh voice Y. And you don't have to. It's your opinion.

Okay. Well, I I I do want to uh I was looking at that we have a Coington estimate for 128 2024. Why why do we not have updated uh work orders and estimates? These these are the estimates that he received and he verified that those were still valid.

Okay. Well, then why do we not have something stated that those um are still valid? because I saw that uh in the airport they did reach out to someone via email and they have that documentation. I would like for us to have documentation whenever we have old invoices or estimates that they are that they reach out to that company to say that they will honor those uh estimates and contracts.

I can ask them to do that. Yes, ma'am. I I know that he did reach out to him because he reached he got the sole source document. They provided the sole source document. They just did not um specify or provide a document saying that the quotes were still valid, but they did have that conversation. Yes, ma'am. Yes, ma'am. I was just I'm I was just seeing something since 2024. That's that's way that's way old. Could be a date. It could be a a typo on the date, but I I will reach out to uh to our department heads and ask them to verify that and my documentation. Yes, ma'am. That's not a problem.

Okay. Well, with that comes with that, then I would draw my draw my name. Yes, ma'am. Thank you. Thank you. Michelle, can you hear me? I I I'm just going in and out. I guess it's the internet. Can you all hear me? Yes. Yes, sir. Can Okay. All right. I just fading out. Thank you. We [snorts] can always hear you, Robert. [laughter] Even better. Okay. That's all you have? We don't have executive. I don't. We don't. I don't. We do not. Okay. Unless really, [clears throat] good morning. Good morning.

I'm back again. Uh you all revisit this back in August of last year and it it was postponed or whatever. And so I uh 300 Sweet B Turner Woods trying to put that package store in there and we need to in order for it to make it work, it would have to allow the uh liquor store package stores in the B2 zoning district was currently not allowed. So [snorts] it would be approve for recommendation to make a change to the zoning ordinance uh if it be the pleases the board. Uh, I'm I want to ask a question. Um, first off, we did we did address this back in August and the because the planning commission denied it, right?

Yes, they denied he had to appeal to you all. Okay. And and well, no, they made a recommendation. The planning commission made a recommendation in their minutes.

Yeah, I I understand that. I understand that. Uh, but let me ask you something. Yes, sir. Uh when when we did this ordinance um and Danny, I'm I'm I'm kind of following back on you on this. Uh I've been on this board 21 years. I've never seen an ordinance take so long to draft. Katie spent months on this thing. And you told us multiple times to make damn sure that we did this ordinance correct because it could change the face of downtown Cleveland. And and I think we need to be real careful before we start changing ordinances like this. You know, now this request that's in our Dropbox says it's for a variance. Well, the last time they came to us, it was for an exception. Uh so all we're doing is changing language. Uh I mean, this this is no different than spot zoning if we do this. And then so what do we change our ordinance to? Do we change we change it to downtown Cleveland? Do we change it to 200 ft? It's at 500 ft. I I Where do you stop? Cuz this this request is one inch from the line. It's not 500 ft from the line. It's one inch. So, I thought we already addressed it. I mean, we can change it however y'all want to. What y'all did uh on the downtown ordinance before was expand a 500 ft buffer zone. At the time you did that, there was a liquor store at this place which subsequently closed. It did not reopen for a year which meant it would have to go back through the process unless you do two things. First,

eliminate the 500 foot buffer and two, uh, make this second thing where um, you can allow that in B2. By special exception, you can't do it. I mean, those are the two things you've got to pass 1A and 1B if you wish to allow this store to locate or a liquor store to relocate in that spot. Okay, that that's the problem. That's the problem I have, Danny. Danny, that's the problem I have. Why? Why did you go to great extremes to help us set these guidelines and now all of a sudden they're not that important?

Well, the importance of it, Gary, y'all decide. Y'all wanted 500 feet and we put 500 feet in there and it was for a good reason. I'm ex Exactly. It was for a good reason. So, why is that reason changed all of a sudden? I think it was the It was the cannabis. The reason we were I mean I if I remember I I don't know no most of what we were dealing with because of the the cannabis. Uh

well at the same time y'all also and you may want to recall you had some requests to put some put a liquor store downtown and that that gave you discomfort. Uh, so you know, one way of looking at it, the 500 ft is necessary. Another way of looking at it, maybe it was a little too far. That's y'all make that So So make it make it 100 ft. Does that change this request, Billy? Does that change it? I think this is right on.

No, I think I think he's actually 50 feet from the historic district. Am I right, Josh? We measured once before. I don't know if Josh can hear me or not, but I think he's like 50 feet from he's like right across the street. Goodyear is a historic district and he's directly across the street from Goodyear. Right, Josh? What? Billy Billy was asking you a question, Josh. Josh, do you remember when we measured that that uh liquor 300 B Sweet B uh from the historic district what Turner proposing that liquor store? I think it was like 50 feet, wasn't it?

Yeah, it was just a street ride away. Looking at the map, the uh historic district lined up with the west side of the street and the liquor store would be on the east side of the street. So, it's 50 60 foot plus a little parking. It's not Yes. I mean, we're not, you know, 500 ft is immaterial in this discussion. Um what other I just don't know why I just don't know why this ordinance tattoo parlor besides parlors uh compoundingarmacies to a certain point I can't remember how we stated that um I was involved in it pool halls liquor stores we pawn shops we did all of that

pawn shops we did all of that so we wouldn't change the face of downtown Cleveland and the landscape we would and that's what I guess that's what bothers me is how this ordinance is not important all of a sudden I think it's [clears throat] extremely important and well let me I'm just trying to understand because I wasn't on the board when y'all did this so we have the historic district and then which none of this is allowed in the historic district all the sput you just said whatever you want to call it correct uh and then we went another 500 ft and not going to allow any of it within that 500 ft. That's the buffer zone. That they called it buffer zone. Yes, sir. How far does that buffer zone go? Then if it's just 50 ft, then

500 ft. So it's another 450 ft from commerce. So it goes all the way to the other side of the bank. Renaissant bank. That's correct. It goes all the way of the road of commerce. Chrisman. Yes, sir. It it almost lines up perfectly with like the roughly the center of Chrisman going north. We can't build anything anywhere close to downtown that's got anything to do right with anything right with any of those. My question too, Danny, would be

this is real vague. Nobody knows. We within our historic district which includes the 500 foot buffer zone, we turn down two liquor, two people wanting to put in liquor. Does this open us up for multiple lawsuits if we were to make this variance or exception? Could it possibly? Well, it speculates, but no, this is you have the downtown historic district and then you have the 500t buffer that y'all asked to be added. It's all included in one is what it says in the in the deal though. Just depends on how big you want your downtown historic district to be. That's a policy decision for the voter.

Yeah. But it was good enough then and I think what Gary saying why ain't it good enough now? What's changed? Um you're talking about on Main Street on downtown on Sharp Avenue that No the entirety. No but but mayor mayor that's not talking about the previously returned down. Yes, sir. Be on Sharp Avenue. Yes, sir. Which was agreed. There should never be a liquor store downtown. May May I ask a question? Is it possible that we can look at this landlord uh this pol this ordinance?

Yes, ma'am. Y'all can look at anything you want. Can we not just table this until we just look at this and get much more familiar with um this ordinance because we we we are we're going back and forth and and I'm not familiar with it and I would like to make become familiar with uh the the wording. It's been it's been it came to us in July of 2025. We've been dealing with this since then. Okay. But do do we have a copy of the ordinance? You do. It's listed on your web page. You can ordinance of the city. Okay. Then I'll go

and that's a good place to look at it. And you just the the it became so restrictive in advance of the adoption of the medical cannabis law and y'all have walked back certain things like medical offices and an antique gun store and allowing the pharmacy there on commerce. Um, that's it. It's up to y'all. Y'all make pause. I'm I'm just confused why it's come back up when I thought we discussed this maybe the last meeting, two meetings ago. Um, and there was no motion and no more discussion. I thought,

well, is it going to come up every meeting just because we keep not making any decision? Like I thought that decision was a no, but what we did because we didn't we didn't vote on it. Yes. Anyway, I mean I can I can [clears throat] Why is it going to come up every month? It doesn't. There wasn't a vote there. A decision was not made. So because the CL planning commission made a recommendation to the board of alderman and a vote was not taken. It's still in limbo. That's not true. That is not true.

Okay. that it came before our board and the board and the board was requested to reverse the appeal that the planning commission ruled on and we chose not to and we think we did it in executive not the appeal I'm not talking about the recommendation did not come before the board it is just now this will be the first time the recommendation from the planning commission is coming to the board they didn't ever send it

yeah this particular recommendation so the appeal did. Yes, sir. The appeal did come before the board [clears throat] and that's when he went back to the planning commission to ask that the ordinance be um looked at to consider um con uh revising the ordinance so that it be allowed by special exception. And that's what has not come. So he's been So he's been back to the planning commission since July. No, that's when Is that right, Billy? No, sir.

No, they have not been They have not been back, Michelle. So that's not right. Yes, it is exactly what she said. The planning commission made the recommendation. They didn't send it to the board right now. That ain't a they I mean so it's y'all have not got to vote on this recommendation from the planning commission one way or another. The planning commission does not make ordinances. Yes, they do. They made a recommendation to the board that y'all consider it. Yeah. Well, I had two planning commission members say they felt like that they were strongly encouraged to make that recommendation.

Well, excuse me then. They ought to get off of that planning commission if they can't think for themselves. That'd be like somebody saying you were strongly encouraged to do something on this board. That's not right. But I don't y'all just need to vote one way or another. I I I thought we did. Well, I don't know what the minute Gary I have not looked at those minutes, but if I were to write it, I would say no action was taken. There wasn't a motion. We don't put minutes, Danny. At that meeting, at that meeting, at that meeting, Danny, your words were, "It has died for the lack of emotion." That's what you told us. That's what you told us. I mean, there's not, right?

But there would be nothing for them to appeal either. I at it's on the agenda and my suggestion would be at some point when y'all want to decide and you've looked at this, either say yay or no. And that way it coming up another um and and and I don't make that call. I just you make the changes as you wish them made. Do I have a motion from anybody? I made a motion earlier that we table it until uh we look at this ordinance. Hey, I got a motion to table from

Yes, I second that motion and and give us a chance to look at it. Got a second from Robert. All those in favor of table. All those opposed to tableling it. Nay. Me. Don't know. Who is Jerry? Danny Abraham and Marcy. And Marcy. [clears throat] Huh? You got three nos and two A's. Mhm. So, we're not going to table it. So, now what are we going to do with it?

The planning commission has already rejected this. Well, the the planning commission cannot approve it, Gary. All they can do is make a recommendation or take no action because they don't have the authority. It would require these two changes by you guys for that liquor store to locate there. Now, Danny, and if you and if y'all don't want to, you don't want to. And if you do, You're you're confused. You're confusing me and I think you're confusing the issue. The planning commission voted against this. Then they made another motion that recommended we look at the ordinance. Right. Did the did did the planning Billy did the planning commission vote against this?

Yes, they voted it down and then they made a motion for a recommendation. But yes, to answer your question, yes. Does that put us? That's what's on the agenda today is not not for y'all to vote for the liquor store for you to consider the ordinance. You're not voting for the liquor store. You're considering the ordinance. Okay, then that's where I'm confused because the what's in the drop box, the dropbox indicates we're voting on a variance. That's not what it says.

So, it's only [clears throat] the minutes are in the ordinance. the planning commission minutes, I mean, are in Dropbox. I think Billy put the application in there for you to to remind you what the topic what what triggered those minutes. And what's on the agenda, item 1 A and 1B, is the the two motions that the planning commission made to consider the two changes to the ordinance to cons consider changing the ordinance to allow uh this type uh to allow liquid liquor or package stores within the B2 zoning by special exception or to allow it within 500 ft. of the um B2H by special exception. That's the only thing on the agenda.

Okay. So, we vote to consider making a change. Then we have to consider that making a change. That doesn't say we're going to make the change. You're you're they're asking you to consider consider it. Yes, ma'am. And then we're going to discuss it and decide if we want to make that change. I thought we'd already done that. I thought that's what we decided last time. This is the first time the change to the ordinance has been on the agenda. Okay. What was on the agenda before was his appeal um to the board.

So with the change of the ordinance that you're asking for and changing that zoning that would allow

Okay. So, so just seems to come in for downtown. Is that correct? If this if the board so chooses to pass this these two changes to the ordinance to allow liquor and package stores only, not massage parlors, tattoo parlors, whatever else in the B2 zoning and the B and 500 ft of of the historic district by special exception. Every application still comes before the board and it is up to the board on which businesses would be allowed within those areas within the B2 zoning and within the the buffer zone.

We are opening ourselves up. So it would be by special exception just like you did did the um pharmacy. It was by special exception if I remember correctly. though the the thing on the agenda says consider making a change but you're saying if we vote for this now it is whether the change is happening or not. Yes ma'am. It the the planning commission as asking you to to make the change.

Right. So the way that works is it has to be p we have to make the change, publish it for 30 days, then it goes into effect. But they're asking you to consider it, discuss it, and then vote. Well, then I want to go I want to go back to what Zena recommended then because this is totally this is I am totally confused as to what we're being asked to do. So, I'm I'm Zena. If you make your motion again, I will I will back you this time. I'll make a motion to table this discussion until we look at the ordinance.

Okay. I got a motion from Zena to table this or this recommendation. Do I have a second? I second it. Second by Gary. All those in favor of tableabling it. I uh uh any opposed? Eyes have it. Okay. This table. Let's we get through of this. Billy uh has one more. Yeah. One more item I believe. Yes sir. I have approval from Harris Commission to reappoint Lean Sheran, Lisa Miller, and Mary Jean Gates to another three-year term. So move. Motion by Abraham. [clears throat]

Second. Second by Zena. All those in favor? I I All right, Chief. I have a couple of things. I need approval of the M.O.U. uh to put up the new cameras on one of their uh polls. So move. So move. Also need got a motion from Ted, second by Abraham. All those in favor? I opposed. Okay. Sorry. also uh need approval to donate a 2017 Chevrolet Tahoe to the town of Margo. I so move and we take it off fire.

Yes, sir. Remove it. Okay. Motion by Abraham. Second. Second. Second by Ted. All those in favor? I I Okay. Thank you, Chief Thomas. Good morning. I was

looking at the screen. U should have a report of the fire hydrant from Greg Roberts fire hydrant repair. It is an extensive list. Um like we've talked about it. It's not uh it's not something that happened overnight. It's not going to be something that can get fixed overnight. Uh we have been uh addressing a few of them in certain areas. Uh some of the cheaper ones to fix. There are some in there that it's going to take some time. Greg Roberts and Cole Childs with Greg Roberts Hydro Repair said they can come and talk with y'all get a better plan what y'all want to do if they want y'all want them to go ahead and fix all of them or if y'all want to make a plan to fix so many every year until all of them are fixed. What one thing I want to bring up, I talked to Greg yesterday and with all of these uh repairs needed,

I was I I I brought up specifically one or two and said, "Okay, with these needed, are we in any danger of safety issues? Are we still within a,000 ft either way?" Or how many feet was it, Greg? We carry We carry a thousand feet. 1,000 feet. And Greg said, "No, that we're uh we're not." Yeah. We're not in any kind of danger if a house house fire happens next to a hydrant that's uh down or under repair. Uh we have some within We're good there. Yes, sir. Okay. In the meantime and in room. All right. Thank you. Yes, sir. Mhm. I may I have ask a question. Are we responsible for the hydrants that are in the county also?

If it's on our system, we are. Yes. Okay. Okay. So there's there's uh uh various places like Christy Drive. We had a house fire there not too long ago. We have a hydrant there. That's our hydrant. That's our water supply out to those houses. Um Bell Avenue, Lincoln uh over in that area. That's all our water system. We provide water to that that area. Um there's various hydrants all down the highways. Um I believe the the other cannabis store on the north end of town we have out there. Okay. And so this is the only company that uh does the hydrant repairs

that I know of? Yes, ma'am. Um I've been to a ton of uh conferences, met a bunch of different uh contractors, and these are the only ones that I know of in the state of Mississippi, and it's recommended by Mississippi Rural Water Association that we have an account with. Membership. Do does the county pay us to maintain fire hydrants out in the county? No. So that's our our water lines. That's our water system. That's our water line. Yes. We uh we send a bill to whoever receiving the water. So that's Yes, sir. Gotcha. Okay. That canvas store on the north end, that's in the city limits. Yes, ma'am. So that one's not in the county. [clears throat] Where's this money going to come from?

That's why we can't do it all at one time. Yes. Yes, sir. Uh, can can some of that be budgeted? I mean, uh, bonded since it's since it's such long-term, uh, it has such long-term benefit. I don't know. I'll have to look into that because it's repairs. I mean, we we can look into it. Look into it because it is it is longterm. Yes. I mean, it's not something that anyhow the repairs. Yeah. That's an extensive list with a lot lot of Yes. Over 300 some thousand dollars. That's a lot. NFPA requires that fire hunters checked an exercise yearly.

This is the first time since I've been here that it's actually happened. So what they've done is they found different things and those repairs could be as simple as a chain missing. Yes. So now the the that's why the list that that you have it it'll say uh upper rod repair $1,400. That's that's so they based it on worst case scenario. They could go in and end up being a bonnet repair and it cost $400 instead of $2,000. They don't exactly know. They're just saying, you know, because we be hard to bond because you don't know what kind of money you're talking about. Like it's a broken chain. You ain't going to be able to do this. Yeah. Okay. Um, we also have I believe those two quotes put in there were the fire hydrant at Fifth in College.

I didn't get that. Yeah. Okay. Uh, well, one of them is below 10,000, but me and Michelle talking because it's close so close to 10,000. It's because it's such a controversial fire hydrant um that's been going on for a couple months. Uh, I wanted to let y'all know that we do have two quotes uh to put in a brand new hydrant at Fifth and College where that vehicle actually hit fire hydrant. Um, I know it's been a while since uh it happened, but we're just now getting around to getting the quotes, finding somebody that can do the work. I just want to let you know that hydrant is getting repaired. So,

is the vehicle hit the insurance going to pay for it? Did you um did you get the in the did we get an accident report on that? Uh no ma'am. I believe I I can get with uh chief about that. We can we should Yeah, maybe we should file against their insurance. Mhm. [clears throat] Yes, sir. They pay for it, not us. If not, we file it on ours. No, I don't think we filed on ours. I think we go after them. They ran over it just like But I'm saying if they don't have insurance or whatever, we're going to go after. Well, if we don't have the insurance, well, then we back out.

Did we get a copy of those quotes? I didn't see it in Dropbox. I I I don't have them, Miss Wentz. Um, in Dropbox. I can send them to you. I can send them I can upload them after the meeting. [clears throat] Okay. Thank you. Yes, ma'am. But that's all I have. If y'all have Thank you. Thank you, sir. Go ahead. Good morning. All I've got is just approval of the lowest and best quote for our concrete project down at the uh our shop, the dumpster pad and the the new drive, and it's uh several thousand under budget. So, looking good shape. I have a motion.

Well, I have a question, Clint. I was confused. Which which one was the lowest or the best bid? Was it the big boys farms or Royal Collins back excavation? Okay. Okay. Thank you. So move. Motion by Abraham. Second. Second by who? I don't know who. Okay. All those in favor? I opposed. Okay. Thank you, Heather. Sir, I have uh one under the employee act recommendations needing approval unless you have any questions. Uh I do have a question. Was that the only applicant?

Yes, ma'am. We we did have one other um but the only qualified qualifi we Yes, that's the only qualifying we had. Uh the other two were not qualified for the director's position. So what do you say qualified? What was the um what made what made that person qualified? Do we want to do this in executive? I think this needs you have to go into executive session for the I would like take that into executive session, please. Okay. Thank you. I have Thank you, Robert.

Mayor, I don't have anything if you got if y'all can hear me. I don't have Marsha. Uh, I don't have anything specific, but I did want to ask I don't think they're still on here. Steo or any of them? Any of them in the room? Lucas was Lucas was on. Yeah, Lucas. Lucas on. He's not there anymore. Okay. Yeah, he's still here. I think he's still here. You're muted, Lucas. I'm still here. Oh, there you are. I see. I was just going to ask, did y'all get a uh route settled or anything for limb pickup? Have y'all talked about that? Yes, ma'am. They did. Yes, ma'am. Okay. Is that going? [clears throat]

Yes. Yes, it's going. Um, we got Melbourne, which will do Monday's zone. I think it's zone one, six, and three. He do six Monday and Tuesday, three Tuesday and Wednesday, one Thursday and Friday and so for zone the other zones on the west side of town. The zones correspond to your wards. Okay. I thought they were going to reserve one day just to do random pickups. focus.

Uh, we can I mean, but that was No. And reason I said it when when when Steo talked about it, he was saying he's saying what disrupts it is when people are calling all the time and pulling them off their route. Yeah. You know, and so the the thought was to keep them on their route and just have one day set aside that you do random stuff and and that'll probably be that Friday. Okay. because they they're running through they're they're going through the routes pretty quickly. I mean they picking up so that Friday be a free day for them to just bounce and Right. That's right. Yeah.

Would you would you give us those zones again? Lucas, please. Those days for those zones, please. I think or you want me to I can I can email it out. That would be Thank you, Michelle. Yeah, ma'am. here. While we got Lucas, while we got Lucas on the phone, I will just Sir, go ahead, Rob.

I just wanted to say this Industrial Park uh drive there and, uh, going that back way to Walmart, I've had numerous complaints. I don't know if you guys had anything stated to you all. It's dark back there. I talked to Steo about it and we just need to make sure that energy on our side they have it. They make sure that's corrected. Yeah, we we marked it and everything. We we got it on the list. Okay. Thank you, Luke. Marshall, were you through? Yes, sir. Okay. Z,

since we're since we're talking to Lucas, Lucas, uh on North Street, there are some um some sneakers across the line. Do you all have anything that will be able to remove those uh tennis shoes from across the that uh power line? Oh, or who or direct where I need to call. Energy. Energy. We don't need to touch it. [clears throat] Okay. Thank

uh just checking on how we coming with taking all the Christmas lights down, Lucas. Boy, we wearing you out today. Uh we're almost done. We we just down to the big stuff right now. Okay. Uh we should be done this week. Okay. We got some bad weather coming in. Yeah, we should be done this week. Okay, that's all I have, Mayor. Okay, Brian, is Brian on? He's not on now. Brian had a head of something he had to go to this morning. Okay, Danny. Nothing. Uh, I don't have anything. I make a motion that we consider going into executive session for reasons of human resources. Employee. Yes, sir. Employee action.

Action. Got a motion, Dan, to go into executive session for, you know, employee action. Employee action. Second. Second by Ted. All those in favor? I. I make a motion now that we go into executive session for reasons of motion by Danny to go into executive session. Second by Ted. All in favor? I oppose. Okay.