Board of Aldermen - Regular Meeting

Good evening. This August 18, 2026 Board of Aldermen meeting is hereby called to order. Is Pastor Dotson with us? Alderman Earhart, if you would lead us in an invocation in a moment, followed by the Pledge of Allegiance, which I'll lead. Please stand.

Thank you, Mayor. Excuse me, let us pray. Most gracious God and Heavenly Father, our Creator, our Sustainer and Redeemer, we give you thanks, Lord, for this day. Thank you, Lord, for the safety that we experience in Isle of Branch. Thank you for our prosperity. And as we go forward in all things each day, Lord, I just pray that we would seek your wisdom and your guidance, whether we're running a city, running a business, or running a family, because we know that all things come from you and that we should do all things to honor and glorify you with our decisions. May the decisions we make tonight be wise and pleasing in your sight. Lord, thank you for the forgiveness of sins and bless this meeting. In Christ's name I pray. Amen. 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.

Thank you. Be seated. Just a reminder for anyone who speaks tonight, this meeting is streamed live on the city's YouTube channel and also archived for playback. And if you plan to speak tonight, one of the blue comment cards, you should fill one of those out up on the rail at the front of the courtroom and give that to the clerk to my right, your left. Board, and we should remember that when we're speaking, our microphone should be on green so that the audience can hear what's being discussed. Ms. Stewart, would you conduct roll call?

Average Collins your Dickerson your heart here damage here Hamilton here Wallace.

100% presence of a quorum obviously established. What you have before you the record minutes of the August the 4th, 2026 meeting any comments questions or motion to approve those meetings minutes. Motion to approve motion to approve miss Hamilton's or second.

Second.

Second. Mr. Collins, any discussion? All in favor? Aye. All opposed? Motion carries. Break protocol and change locations just for one second. I'd like to ask our special Olympian athlete, Joseph Tate, and his dad, Jose Tate, to come forward with us, if you will. And Mr. Ed Crumper, are you planning to present as well? Miss Diana Crumper, come forward. we are pleased to recognize our hometown olympian our special olympics athlete joseph tate who on august the correction in the 2026 olympic games in minnesota he won not one but two medals he won a silver medal in the 100 meter and the running long jump is it right and and the bronze medal in the four by 100 meter relay. So these games took place in Minnesota, and we'd like to recognize our hometown athlete. I'd like to give you a memorabilia of City Hall, and the Crumpers have something they'd like to share with you as well.

Have you ever seen anything like this before? Do you want to hold them up?

Thank you very much.

board also i'm pleased to announce uh... there's not a gift to be handed because the gift was wired to us but uh... our friends jim and missy flanagan have donated thirty seven thousand nine hundred seventy five dollars and thirty three cents to the lick creek conservatory for a large burt large raptor cage uh... and that's done in memory of their son james bennigan james bennett flanagan jr 37 975.33 in memory of james bennett flanagan jr they have relocated they've moved out of the area at this time but part of their catalyst for this was to encourage anyone else that may want to give to lick creek conservatory to do that but we're thankful to receive this and very appreciative of the flanagan's making this donation Also board you have some packets before you a manual that's from the mayor's youth Council and that just want you to get a feel for what the staff has put together for the mayor's youth Council this year we had 80 applications for the youth Council that's our limit we had 68 last year 80 applications this year so we're looking for a real robust. class and if you look through that i think you'll find it very interesting some history and different challenges about the city and informational items that the youth council i think will will sure benefit from so special thanks to miss jen griffith for putting that manual together just as an fyi also From Fire Chief Clark, he would like you to know that Olive Branch Fire Department added four new certified paramedics after their graduation on August the 6th. two thousand twenty six from northwest mississippi community college paramedic program this is an intensive three semester fast-track program to obtain a nationally registered paramedic license these are our employees that uh... the city incentivize by paying tuition for them to get the paramedics program uh... and also we have to other employees that are currently in paramedics school and three will start in January 27 so the board knows that paramedics are it's a challenge to get that level of talent and we're certainly pleased that the fire department has these individuals going through and we congratulate the the men and women that made it through the paramedic school and got added to the registry chief anything else say on that is that covered well enough or Okay. Well, thank you. We're pleased to get those without a doubt. Following the agenda, you have board the consent agenda, more administrative and purpose. The items on the consent agenda, one through 27. I know you've had those to look over. If there's any questions or emotions on the consent agenda items one through 27.

Motion to approve.

Mr. Gamage, motion to approve. Is there a second? Second. Second. Mr. Wallace, any discussion? All in favor? Aye. All opposed? Motion carries. Planning Commission, Old Business, this is a public hearing for consideration of an application for a zoning map amendment submitted by Greg Russell of Civil Link on behalf of Diane Stovall, James Allen Stovall, revocable living trust property owner. The request is to rezone 50.87 plus or minus acres from the AR, Agricultural Residential District, to R1, Single Family Residential District, for the purpose of creating Almondale retreat a single-family residential subdivision the subject property is located on the south side of the soda Road at the Marshall County line approximately point eight six plus or minus miles east of Center Hill Road This was set on July the 21st for a public meeting today, and this will be led by Dr.. Song

Thank you very much Mayor Adman. Before you is a request to consider The rezoning of a 50.87 acres piece of property that is located north of Highway 302 or Goodman Road, just south of DeSoto Road, east of Senahi Road, and line along the city limits with Marsha County. So this is the piece of property under consideration. It is currently vacant as shown on this map. Surrounding the property to the south, the center here retreats subdivision that has been developed in a suburban style. For that to the west of this particular piece of property, this is where you have the center here plantation plant unit development. At this location, it's also undeveloped at this time. The property is currently zoned AR Agricultural Residential District, shown on this map. And the applicant proposes that it be rezoned to allow the Amadella Retreat subdivision. This would be a single family residential subdivision. There is an accompanying subdivision plot as part of this particular application, which the board will have the opportunity to review. With regard to the rezoning criteria, The board is required to find whether the original zoning classification for the property as it exists today is a mistake. The applicant does not make any such claim that the existing AR zoning of the property is a mistake. The Planning Commission did find that a subject property was zoned AR in the 1980s. That's what our records show. It has been zoned AR since the 1980s. It was annexed into the city in 2021, during the last annexation, and there has been no change in the zoning classification of the property since then. As such, the existing AR zoning classification of the property is not a mistake. That particular criterion, therefore, is not met. The Board of Admin is also required to find whether the character of the neighborhood has changed to such an extent to justify the proposed rezoning, and not all, and whether there is a public need. With regard to the character of the neighborhood, whether it has changed sufficiently to justify the rezoning of this particular piece of property. The applicant submits. that there have been sewer upgrades in the general area of the property since the 1980s. For example, Amadou Retreat to the South, Sena Hill Retreat to the South, for it to have developed in this sub-urban style as opposed to the rural estate AR district configuration, it ought to have had sewer. The surrounding zoning system has also changed. So contest the applicant. We've mentioned the center here retreat to the south. It's zone R2 that's in the county. It's zone R20. Those are lots that are generally 20,000 square feet in size as opposed to AR lots that are minimum one acre in size. Now, in the county, R20 does not really mean minimum 20,000 square feet lots. There are lots in there that are far less than 20,000 square feet. It's a formula they use in the county and how they kind of call this R-20, but it really does not mean minimum 20,000 square feet lots. There are lots there that are 12,000, 15,000 square feet in size. The applicant also contends that the AR zoning district, as it were, with the requested change for the rezoning will provide a transition between the R20 lots to the south and the AR lots that will remain to the north of the property. The Planning Commission did find that yes, there have been sewer upgrades in this particular area. And the city is also working on other sewer infrastructure expansion in the area. Generally, if you don't have sewer, the lots need to be minimum one acre, and in some cases, one and a half acre. in order to have sufficient area to duplicate for subsurface sewage disposal. But once your lines are extended into the area, then that makes it possible for the lots to be less than one acre in size. So we have had that sewer infrastructure upgrades that is going on in the area of the property. Secondly, there have been a number of rezonings that have moved this area from a predominantly agricultural area to a development in character that is more of suburban. Suburban residential development involve lots that are minimum 6,000 square feet right up to about 30,000 square feet. We mentioned the center here retreats subdivision to the south, and you also have the center here plantation to the west. This area has lots ranging from about 12,500 square feet to 40,000 square feet. in the Senahi Plantation. So that's a change that has occurred in the area with regard to rezoning just in the last 20 years. With regard to whether there is a public need for this rezoning, the applicant submits that the rezoning addresses a continuous demand for single-family residential lots in the city. And it will provide for a more efficient land use pattern that minimizes sprawl. and it's also consistent with the comprehensive plan. The comprehensive plan of the city articulates the public needs of the area as has been determined by the Board of Admin. Comprehensive future land use map in the comprehensive plan designates the property as suburban neighborhoods. The requested rezoning aligns with the future land use map classification of the property. And as such, it meets the public needs criteria. The Planning Commission at its meeting on July 14 did review this application. And determined that the character of the area has changed in the last three decades from agricultural to suburban residential land uses. Following the extension of public sewer, the rezoning and development of multiple passes in the area. And that the rezoning of the property to R01 will align with the comprehensive plan 2040 designation of the property as suburban neighborhood. As such, it unanimously voted and recommended that the Board of Adamant rezone this property from its current ARL district to R01 single family residential. That concludes staff's presentation. Thank you.

Thank you, Dr. Song. Board, any questions regarding the staff report before the applicant is afforded an opportunity to come forward? Any questions? Hearing none Mister Smith or anyone would like to speak to this for the applicant.

It even mayor board members, my name is Greg Smith, I'm with civil link engineering and I am representing the applicant here tonight. Staff done a great job of explaining what we're trying to do here so I won't repeat much of what he said would like to point out that we are in conformance with your future land use plan. which slates lots anywhere from six thousand to thirty thousand square feet we're asking for an r1 zone which is a minimum of twelve five but we're proposing fifteen thousand and larger some of the lots i think there's one lot as large as two acres on this thing that you'll see later on should this get approved we feel like that we substantially approved approved public need and change in the neighborhood that the staff has mentioned today and we're just asking for a favorable consideration and I can just answer any questions you might have about it.

Thank you, Mister Smith board any questions from the applicant any questions for Mister Smith. Here you know, thank you, yes, sir. Questions, discussions, or motions? Well, this is public hearing. Thank you. This is a public hearing as well. Is there anyone here to speak as a proponent you are for this application or an opponent that you're against this application? Anyone scheduled to speak for or against this application? Final opportunities? Hearing and seeing none, public comments is closed. Board, any questions, comments, discussions, or motions?

I make a motion we approve it.

Mr. Collins, motion to approve as presented.

Second.

Second, Mr. Gammage. Any discussion? All in favor? Aye. All opposed? Motion carries. I'm to public here for consideration of application to amend the project takes for market market matter at Robinson crossing submitted by Bobby Britain dabs cannabis dispensary on behalf of property owner man veer saying saying development incorporated the subject property is sweet one 25 at 5, 0, 2, 5, church road East. within Zone 8 of the Marquette Manor at Robinson Crossing, Zone PUD, Plan Development Unit, and is located on the south side of Church Road East, just east of Pleasant Hill North. The request is to add medical canvas as a permitted use in this unit. And before we start this staff report, if anyone here is to speak on any items tonight, any public comment items tonight, please complete one of the blue cards at the rail in the front of the courtroom and give that to the clerk, and they'll pass the cards to me in a moment. Staff report by Andrew.

There he is.

Thank you. Andrew Hockensott. Yes, thank you. The applicant is requesting to amend an existing PUD to allow the new land use at 5025 Church Road, Church Road East, Suite 125. And so that's highlighted in that yellow outline right there. This is near the intersection of Church Road East and Pleasant Hill Road, northwest of the Margaret Manor neighborhood. The existing land uses in the commercial spaces include a restaurant, a vape store, a nail salon, a barber shop, an insurance office, and a liquor store. So that's currently what's in the area. So starting with the state distance requirement, state law requires that cannabis dispensaries cannot be located within 1,000 feet of the nearest property line of any school, church, or child care facility. This proposed location uh satisfies this requirement and as you can see the radius is there on the screen so going into the the city specific requirements section 14 of the schedule district regulations in article 5 of the city zoning ordinance describes the purpose of the pud district And it's so that this custom zone can provide for the development of planned total communities that provide a full range of residential types as well as certain commercial office or light industrial uses designed to serve the inhabitants of the districts consistent with the comprehensive plan. And so when someone submits a PUD application, They have to present a list of permitted uses within each planned unit development and that will be ultimately approved by the Board of Aldermen. So saying that, this has already been submitted previously as a PUD rezoning request. Now the applicant today is essentially resubmitting that same application but requesting to add one land use and that is the the retail of medical cannabis and so here from that old PUD document I took a screenshot where it has all of the zones that they have described laid out with particular land use prescribed land uses and so they are going into what the original application calls zone 8 so as you can see here they're just requesting to add They're requesting to add the medical cannabis dispensary specifically in sweet one 25 that in that retail Bay so that concludes the presentation planning Commission did recommend approval for one. Thank you.

Thank you. We're talking stop board. Any questions on the staff report. Does the applicant or applicant representative wish to add anything?

Hi. Amy Cilcio, 11201 Old Goodman Road. I do have some handouts. Would it be OK to approach? Thank you. Good evening. Again, my name is Amy Silcio. I'm the vice president of human resources and development for Dabbs cannabis dispensary.

Dabbs is a Mississippi owned veteran owned company currently operating 26 locations across the state of Mississippi.

One of them currently already located in our branch.

We are the, we are the proud company we have built more importantly, We seriously, we take the serious responsibility that comes with becoming part of each community while we serve.

Bear with me, I'm used to speaking about compliance, Zoom fully is not the city, but we'll get through it.

I want to keep my comments tonight focused on the purpose of Margaret Manor's project text and one simple question. How will allowing dabs at Margaret Manor improve this development in the area of Olive Branch? Before I address that, there is one important piece of the context I'd like to point out. When Margaret Manor Project Text was adopted, the Mississippi Medical Cannabis Act did not exist. There was no legal medical cannabis program for the Project Text to contemplate. What the Project Text did contemplate and already allows our retail and healthcare uses. Today, Mississippi Medical Cannabis Program brings those two together. I want to emphasize one word tonight, patience. The people we serve must have a qualifying medical condition, receive a medical recommendation from a certified physician or a nurse practitioner, and then be approved by the Mississippi State Department of Health before they can participate in this program. They are recognized by the state, the DEA, and us as patients. This is a highly regulated industry. In addition to the oversight through the Mississippi State Department of Health, dispensary is regulated by the Department of Revenue through ABC. And I'm happy to say that DABS has actually completed all 26 applications as well as completed all of our DEA audits. The regulatory environment today is very different from the one that existed when Margaret Manor text was written. We aren't asking the city to change the original vision for Margaret Manor. We are asking the project text to recognize a legal, highly regulated healthcare retail use that did not exist when the vision was created. I think the best way to determine whether Dobbs belongs here is to look at the standards of the project text itself that have already been established. It says development within Margaret Manor should provide supporting neighborhood services, enhance surrounding property, reflect sensitivity to adjacent land uses, encourage the highest quality development, create a unique sense of place. Those aren't standards we created for this presentation. They're standards established for Margaret Manor. And tonight, I'd like to show you specifically how DAPS is committed to improving each one of them. The first one, we will improve neighborhood services. The first goal is to provide supporting neighborhood services. This is an area where DAPS can make a real and measurable improvement. There's currently no medical cannabis dispensary serving the west side of Olive Branch. Our patient data demonstrates that the need is already there. Our current Olive Branch location serves more than 3,800 patients in total.

1,066 of those patients live in Olive Branch. 1,066 of our patients actually live in Olive Branch itself, yes sir. 453 come from South Haven. And I want to point out, this is only our Olive Branch location where our patients come from. 453 come from South Haven.

358, Byhalia. 244, Hernando. 157, Horn Lake. 113, Nesbitt. And 108, Holly Springs. These aren't projected customers. These are patients who already traveled to dabs and olive branch for their healthcare needs. And access is especially important when we consider who these patients are approximately 85% of the patients we serve are over the age of 60. Many people don't realize that these people are living with debilitating conditions, serious illnesses, and terminal diagnoses. For these patients, improving access isn't simply about convenience. Reducing how far an elderly patient or someone battling a serious illness to travel for the healthcare matters. So when we talk about how this amendment can improve neighborhood services, we aren't talking about creating a service and hoping people use it. The patients are already here. The need is already here. What we have is the opportunity to improve access. At Dabbs location at Marguerite Manor would improve access for more than a thousand Olive Branch locations we already serve, while also providing more accessible west side location for hundreds of patients already traveling into the Olive Branch area from surrounding communities. At the same time, it gives those patients another reason to come into this area of Olive Branch in particular. where their visits can benefit other businesses located within and around Margaret Manor. We improve neighborhood services by bringing an existing needed healthcare service closer to the patients who already depend on it. We improve Margaret Manor by bringing an established patient base and additional activity into this part of the city. Number two, we will improve and enhance the surrounding property. The second goal of the project text is to enhance the surrounding property. For DAPS, that means something very simple. The property should be better when we are there. DAPS has committed to improving the property, not simply by occupying the storefront. We have committed to maintaining a clean professional exterior and investing in the landscape and exterior improvement that will improve the appearance of our location and complement the surrounding development. We have also committed to improving security beyond our own front door. Doves will extend our exterior surveillance coverage beyond our immediate storefront, including toward the neighboring area near Pops Convenience Store. We know that there was a robbery at POP several years ago. And while that incident was some time ago, it's one reason to believe our security investment can provide a benefit beyond our own location.

And we've actually been able to assist the police in our current location in Olive Branch. with incidents that have happened along Goodman, in front of our store, as well as next door at Firehouse, and a few other things that have happened. We are more than happy to provide more security for the area.

By intentionally positioning surveillance to provide additional coverage of the surrounding area, DAPs can help improve visibility and security for our neighbors, as well as our own patients and employees. We understand that becoming part of Margaret Manor also means accepting responsibility for contributing to the quality of the overall development, and we are committed to doing that. DABS is committed to improving the appearance of the property, improving security, and contributing to the overall quality of Margaret Manor. Our standard is simple. If DABS becomes part of Margaret Manor, the property and area around us should be better because we're there. This is how we enhance the surrounding property. The third, we will improve through thoughtful integration. The third goal of the project text is to reflect sensitivity to the adjacent land uses. To us, that means understanding that we aren't just investing in our own storefront. We are becoming part of an existing development, and our responsibility is to improve the environment we share with the business around us. DABS is committed to being intentional about how our location fits within Margaret Manor. Our landscaping and exterior improvements will complement the development. Our expanding surveillance will provide additional visibility beyond our storefront, and the professional standards we maintain on our location will contribute to the overall appearance and atmosphere of the property. We want the businesses around us to benefit from having DAPs there. Our current Olive Branch location established a patient base for more than 3,800 people. A west side location gives us an opportunity to bring some of those patients into Margaret Manor, introducing them to not only Dabbs, but to the businesses around us. We want our patients to discover those businesses. We want our presence to contribute to the activity within development. And we want the investment we make in this property to contribute to the experience of everyone who works, shops, or visits there. That is what sensitivity to adjacent land use means to us, recognizing that our success should contribute to the success of the development around us. We aren't coming to Margaret Manor simply to look for a place to operate. We are coming with a commitment to be a good neighbor, make meaningful improvements, and become an asset to the business and properties around us. Number four, we will improve the quality of the development. Fourth goal of the project text is to encourage the highest quality development. I think this is one of the most important things we can offer the board tonight. And that is you don't have to speculate about the quality of business DAPS will bring to Margaret Manor. We can show you. We already operate 26 locations across Mississippi and have established standards for what DAPS locations should look like, how it should operate, and how it should represent the community around us. Our locations are designed to provide professional, healthcare-focused environment that is clean, secure, attractive, and professionally maintained. We invest in the appearance of our properties, landscaping technology, and extensive security systems. We even position our computer monitors so that patients can see what our employees see during a transaction because transparency is part of the standard we expect. But the quality of the development is more than what you see from the outside. It's also the quality of the business operating inside. DABS has established company-wide standard operating procedures, operations manual, employee handbook, structured employee training, and ongoing leadership development. Our locations are subject to regular compliance audits by their directors each month. We continually train our employees and leadership because maintaining a high quality operation requires more than just opening doors. It requires continually maintaining the standard. Our investment in security is extensive. Our products are laboratory tested, accompanied by a certificate of analysis and track from seed to sales system through the Mississippi regulated system. We heavily invest in our people. We believe quality development should create quality employment, and DAPS has made competitive wages. We actually have the highest wages in the state. Employee development and opportunities for advancement are part of our investment in the communities where we operate. These are not things we are proposing to someday create for Margaret Manor. They are standards we already operate under today. State regulation establishes what we are required to do. DABS establishes the standards that we expect of ourselves. and we are committed to bringing that same standard to Margaret Manor. When the project calls for the highest quality development, we believe that means attracting businesses that will invest in their property, invest in their employees, operate professionally, hold themselves accountable, and continually work to improve. That is the kind of business Dabbs has already built, and that is the quality of development we are committed to bringing to Margaret Manor. And the last one, we will help improve and create a unique sense of place. The final goal of the project text is to create a unique sense of place. To Dabbs, a sense of place isn't something a business creates by simply putting up a sign or improving a building. A sense of place is created when businesses become invested in the people and the organizations that make the community unique. And in Olive Branch, we have already started to do that. DAPS has made monetary donations to the local American Legion Hall, supporting an organization that serves veterans and the families of this community. But that relationship became more than a donation. I was invited to speak with local veterans to provide education about cannabis and the medical cannabis program. I also understand that a young lady from Olive Branch had the opportunity to represent Mississippi and Washington through the American Legion Auxiliary Girls National Program. That's a great example of why we believe supporting local organizations matters. The impact those organizations make reaches far beyond any one donation. and our commitment isn't limited to one donation or one type of cause. We see tremendous value in supporting many different types of organizations because every community has different needs. During Christmas, we have held toy drives to support local families. When we learned about individual families in Olive Branch who were struggling or needed help, DAPS has donated directly to the members of this community. Across our company, the same philosophy has led us to support veterans, law enforcement, and first responders, animal shelters, blood drives, children's organizations, community cleanups, family in need, and other local causes. We don't believe community involvement should fit into one category. We believe in identifying where we can make a difference and showing up. That is creating a sense of place for us. It means knowing your community around you. It means participating in it. It means supporting the organizations that it serves. And it means recognizing when someone in that community simply needs help. We are already doing those things in Olive Branch. Margaret Manor gives us another opportunity to deepen that commitment and improve our connection to the west side of this community. We want to invest in the people around it. Because when businesses invest in people, organizations, and needs of the community around them, they don't simply occupy a place. They become part of what makes it special. I want to close by going back to the first question I asked at the beginning. How will allowing DABs at Margaret Manor improve this development in the area of Olive Branch? I believe we've answered that tonight. We will improve neighborhood services by bringing needed healthcare access to the west side of Olive Branch, particularly a patient population that is overwhelmingly over the age of 60, and includes people living with debilitating and terminal illnesses. We will improve the surrounding property through the commitments we have made to landscaping, exterior improvements, professional appearance, and security that extends beyond our own front door. We will improve the environment we share with adjacent businesses by being a good neighbor, bringing an established patient base to the development and making investments that contribute to the success of the area around us. We will improve the quality of the development by bringing a proven Mississippi company with established operating standards, extensive training and oversight, strong security, quality employment, and a commitment to continually raising the standard we expect of ourselves. And we will improve the sense of place by continuing what we have already started in our branch, investing in its people, supporting its organizations, helping its families, and showing up when the community needs us. Those are the five goals established in the Margaret Manor Project text. And DAS approves each one of them. We are simply asking for an opportunity to bring that same commitment to the west side of the city. If you approve this amendment, our commitment to you is simple. Margaret Manor will be better if we are there. We will enhance Margaret Manor. We respectfully ask for your approval, and now I can check this off my bucket list. Thank you.

Thank you. Thank you, board. Any questions of the applicant?

If I'm not mistaken, your location on the east side is at Hacks Cross and it's on the road. It's on Hacks Cross, correct?

It's on the it's it's actually off of old Goodman Road. It's a little house house process right next to firehouse. Dominoes.

Okay. Yeah. Have you served what like 3800? You said 3800 patients so far? Yes.

Okay. We've been there. It was two years in the line.

Okay.

Is this number 85% of patients over age of 60? Is that consistent in other counties and statewide? Or is that unique with this area?

And that is that is definitely our experience statewide. Okay. What people believe them. This is the State Department of Health also has a breakdown by age group. If you pulled up that information, you can see it there as well.

Is that one of the requirements, if you go in there, what age you are? Or do you have to show your ID?

Yeah, so before you get your permit, you have to be 21 years old with two doctor recommendations. If you only... You have to wait until you're 25 if you want to only have to get one doctor recommendation.

I wonder how you came up with the 85% over 60. Are you all collecting that data when you come in there?

So 85% of those 3,800 people are over the age of 60 that have come to visit us.

I think his question, I think his question is how do you collect that out of your time?

We have a point of sale system where we have to enter all the patient information when they come in and it's just like a doctor's office that we have to include all of your personal information, your patient number and it actually connects to the state system. And so we have all of that information in our system. Okay.

Ma'am, I had two quick questions. I'm sorry, I didn't, I didn't catch your name when you first started.

My name is Amy Silcio.

Amy, thank you. Yes, sir. You operate 26 locations in the state of Mississippi, right? That's correct. And how long has Dabbs been in business?

Three years.

Three, okay.

Yes, sir.

How many employees do you have?

Almost 200.

200?

200, yes, sir. We'll actually be opening in Oxford on Monday. Okay. We'll be adding to that as well.

Are you operating in any other states or just Mississippi?

Yes, sir. We are only Mississippi. Our owners, Tony Wallace and Bobby Britton, are Mississippi gentlemen and will not go out of Mississippi.

Okay. Thank you.

Yes, sir.

Additional questions? Thank you. This is a public comment item, but I do not see any comment cards. But is anyone here to speak for or against this proposed application? Seeing none, public comment section is now closed. Board, any discussion, questions, or motions?

I'll make a motion to approve as presented.

motion to approve as presented by all my dickerson is your second second. Second all of your heart in discussion. All in favor. All opposed no. As have at the boat, she cares. Next item, please. Public hearing for consideration of appeal. of board of zoning adjustment decision regarding application for conditional use permits made about Greg Smith of civil might on behalf of property owner see a PLC the request is to permit a drop your facility to be constructed for a period of 10 years. The 35.0 plus a minus acre subject properties on him one. Light Industrial District and is located on the west side of Ross Road and on the north side of Nail Road. Staff report, please. Dr. Song.

Mayor Adman, before you is a request to consider an appeal of the Board of Zoning Adjustment decision as you did mention. regarding a drop yard at this particular location. So this is Nair Road, this is Highway 305, and this is Nair Road. So the property you're looking at is actually a combination of a number of existing parcels. It is not a platter lot. There are multiple parcels which put together make up that 35 acres. And it's right there at the end of the improved section of the right of way of Ney Road. Just south to the piece of property is an industrial warehouse. FedEx is at this location, JXO is right here. And to the north of the property, You have West Sandage Road and their residential developments in this particular area. So this is a general area in the city that we are looking at with regard to this request for a conditional use permit for a drop yard in the M1 Light Industrial District. So the property is zoned M1 Light Manufacturing or Industrial District. It allows drop yards as a conditional use. What this means is the applicant must go to the Board of Zoning Adjustment and get approval for the conditional use permit. To get that approval, the applicant has to meet all the general conditions for the conditional use permit. But also drop yards in the M1 and in the M2 district have about nine very specific conditions to them that the applicant is also required to meet all of them. So they are the general five or seven general criteria for the conditional use permit. And then they are the specific criteria for a drop yard just as we have specific criteria for things like convenience stores with fuel pumps or truck stops in the city that the applicant is also required to meet all of them. So the request before you, basically this is an appeal of the Board of Zoning Adjustment decision, the applicant had requested to construct a 252 parking spot drop yard, will be a 24-7 operation, valid for 10 years at this particular location. This is the site plan that was proposed. The Board of Zoning Adjustment reviewed this application at its meeting on June 11, 2026, and determined that the applicant had not met all the conditions of the Conditional Use Permit. As such, the Board denied the application. The applicant will appeal that decision to you within the 10 days appeal period. When appeals of Board of Zoning decisions are brought before the Board of Adamant, the Board hears that application afresh, as if nothing happened at the Board of Zoning adjustment, basically. As such, the presentation before you will go through the same conditions, review that the Board of Zoning Adjustment had and present why the Board of Zoning Adjustment made the decision that it made, and the Board of Admin will have the opportunity to make its own decision that will either override or sustain, maintain the Board of Zoning Adjustment decision. The applicant has to prove, the burden of proof is on the applicant, and the applicant has to prove that all conditional use permit criteria stipulated in the zoning ordinance with regard to job yards have been met. So the question before the board really is, have all those conditions been met? The first criteria is whether the proposed conditional use will adversely affect the character of the area. this is the subject property under consideration there are two main elements or three that define the specific character of this area you've got the industrial piece that is an industrial character element to this as i did mention you have fedex here you have the idea industrial warehouse building all of those to the south You also have adjoining this piece of property to the north, single family residential homes. So this area in yellow contains single family residential homes. The Board of Zoning Adjustment did look at this particular application. Along Craft, this is the location that has been proposed for the career tech. The Board of Zoning Adjustment looked at this particular application and determined that while a drop yard may be fitting in the character of an industrial area in the sense that it may take businesses. You have trucks going into an industrial park. It may provide an area, additional area for those trucks to park. Locating a drop yard basically in the backyard of a single family residential development is not appropriate. There is not an area in the city where you have a drop yard directly behind single family residential homes. That was the determination of the Board of Zoning Adjustment with regard to the character of the area. If the property were totally surrounded by industrial uses and you had no residential development out there, it could be appropriate. When you have trucks going in, in a 24-7 operation, you have the beeping sounds, the noise, and all of that. That is not conducive for residential living, for example. So that was a determination that the Board of Zoning Adjustment made. The second is whether the proposed conditional use will overtax public utilities or community facilities. Water sewer is available in the general area of the property. The board did not determine that it will overtax any of those utilities. whether the proposed conditional use will substantially increase traffic congestion or other hazards. This was a question that the board wrestled with, in the sense that although you have this in an industrial area, is it the case, for example, that traffic for trucks going down on 305 entering into this intersection could increase in any significant way because of additional trucks. You have 254 parking spots that will be accessing, going down on 305, going in on Nail to park at this particular location. Basically, one way in, one way out. There was no traffic study in front of the Board of Zoning Adjustment that made the case. against any kind of increase in traffic. It is certain that, of course, there will be trucks there that are already possibly using that industrial park. But you can have additional trucks, just as you have in other job yards in the city. Along all Highway 78, for example, there are job yards there. And trucks constantly go in and out, simply because they want to use the job yard. They are not going to any of the industrial buildings. The fourth is whether the proposed conditional use will increase the danger of fire, flood, or otherwise endanger the public health, safety, or general welfare. The character of the area falls into the general welfare argument. And I will also touch on this in one of the specific conditions that applies to the state of roads and the general welfare of the city when it comes to job yards in general. Will the proposed conditional use substantially diminish or impair property values of adjacent properties or the neighborhood? There was no evidence submitted by the applicant in front of the Board of Zoning Adjustment. To the contrary, the Board was concerned that with a drop yard behind single family residential homes, that is concerning. Will the proposed conditional use comply with the recommendations of the comprehensive plan 2040? The comprehensive plan designates the property as industrial distribution. Industrial distribution, of course, can include industrial warehouse buildings. It doesn't necessarily have to be . A drop yard, of course, is an industrial operation. It would align with a comprehensive plan, but a comprehensive plan is not limited, the board found, only to drop yards. You could have other industrial distribution buildings at that particular location. And there is sufficient land area, for example, in this particular area where you could put up a building and be outside of the ditch. With regard to specific conditions that are applicable to tractor, trailer, storage yards in the M1 zoning district, not M2, please. This should be M1. It's a typo. district with regard to those specific conditions that are applicable to job yards. The applicant shall submit a development plan for approval conforming to the requirements of the design review ordinance except as the requirements of that ordinance may be amended by the specific provisions. So this is a site plan that was submitted by the applicant. It did show So the area, the dark area here, that is basically the drive aisles, and all of those lines, those are the 252 parking stalls. So this is proposed to be paved initially, while the parking stalls are proposed to be gravel, and to be different surface, not paved surface, and then fully paved over time. 24-hour on-site management shall be provided located in a permanent building conforming to the requirements of the design review ordinance. The Board of Adjustment may waive this provision upon the applicant demonstrating that alternate management and security provisions will be provided. Most of these drop yards these days really do not provide an office building in the front that is managed with a guard because these days you can have cameras and monitor them from anywhere. That's the way most of them operate, and the Borozonian adjustment took that into consideration. All areas used for access, maneuvering, standing, parking, and all display of vehicles, trucks, trailers, heavy equipment, and cargo containers shall be paved. This is mandatory. It's a shall. Shall be paved with Portland cement or asphaltic concrete surface. The zoning ordinance is very specific on how this has to be done. It was found the adjustment determined that the applicant did not meet that requirement. Fifth, the party conducting the use shall be responsible for any off-site improvements, water, sanitary, sewage, drainage, or road improvements as determined by the city engineer required to make the subject site usable for the proposed use. The fire department reviewed this application and determined that for Truck parking spaces, it will be necessary to have fire hydrants out there. If you had a situation where any of those trucks caught on fire, you will need to have fire hydrants installed across this particular piece of property. The site plan did not include the provision of those utilities. With regard, this condition is important. The party conducting the use shall submit a performance guarantee acceptable to the city in an amount and for the time period established by the city engineer to guarantee that the city streets are properly maintained to city specifications as long as the proposed use is operated from the subject site. with the permission of the Mayor. This is a letter that the Mayor had sent out to the Board and it was also available to the Board of Zoning Adjustment back in 2024. It was available to the Board of Zoning Adjustment at the time that the Board reviewed this particular application. It beautifully analyzed the impact of or drop yards on public streets in the city? And what general welfare benefit that has or does not have to the city of Olive Branch? For example, last trucks damaged the streets of only branch service made of the streets where job lots are currently located. And adjacent streets reflect damages likely made by heavy loaded trucks. Loaded trucks weigh approximately 80,000 pounds and damage streets. In the last 24 months, if you look at 2024, the city has spent over $12 million resurfacing roadways. have a multi-year plan in progress to continue resurfacing streets and additional damages to the streets, which was just not called for. The subject site shall not be visible from any adjacent public street or residential area. If it is just visible, then the applicant is required to provide a 20 feet high bump to buffer the residential area or the street from the drop yard. There exists a berm on Ney Road, so it is more than 20 feet high. From Ney Road, you will not be able to see the trucks parked on this particular piece of property. But from the residential area to the north, it will be visible. And the site plan did not include such a 20 feet high berm. The Board of Zoning Adjustment therefore on June 11, 2026, reviewed this application and determined that all the criteria have not been met. As such, it denied the request based on two main elements. One, adverse impact on character of the area with regard to the residential area to the north. You also have a career tech proposed within that particular area, beautiful building, and the board wrestled with the question of Should you have a building with this aesthetic looking this way, and then within the same general vicinity, you have a drop yard. Secondly, the nonconformance with the zoning ordinance. The design review ordinance, the number of elements in there that the plan submitted to the city did not meet those elements. With regard to the paving of the drop yard, all of it has to be paved, provision of the berm. non-visibility from the residential area, landscape plans, and fire protection measures. These were not provided to the Board. The recommendations before the Board of Adamant. The Board has a number of options that it can consider. The first is upon finding that all the criteria of the Conditional Use Permit application have not been met, the Board may affirm the decision of the Board of Adjustment. Secondly, Upon the Board of Adamants finding that all the criteria have been met, the Board may approve the request for a conditional use permit at this particular location for the 10 years or less. The Board has the option of reducing the number of years if the Board so desires. Subject to a number of conditions, one through ten, as provided year in. That concludes staff's presentation. Thank you.

Thank you, Dr. Song. Board, any questions regarding the staff report?

How close are they to the homes on Ross and Sandage? Don't they back right up to it?

The ones on Sandage will back right up to it.

And there's already noise complaints from the warehouses there.

Yes, sir. The ones on Ross, we get noise complaints all the time, especially from this warehouse.

And it's across the pasture and down the hill. Yes, sir. Thank you.

Any additional board questions? Does the applicant have anything else to add?

Mayor and Board, Brian Cashin, A11 Highway 305 South. I am representing CIP LLC. I've got to put my glasses on. I'm getting to where I can't see. CIP LLC, that is Mike Bailey, the widow of Bill Pass, and the widow of Jimmy Eubanks are the owners, as well as myself. We are asking for this drop zone, and if you look at the map, it would be perfect if we could fit a warehouse on this piece of property. But we have a ditch that goes through, and it is a logistical nightmare to try to get a warehouse into this piece of property. I do believe that my conversations with some of the members of the city that the conditional use for a drop your so that the board could maintain where these we have in one zoning across the city. And to a song's point about road and road damage, the letter that was sent in 24 by the mayor to the board, I do believe that the city received approximately $2 million to build that road, Nail Road, to standards to hold truck traffic specifically for the FedEx place. And I can be corrected if that's not true, but I'm about 100% sure that the city received a grant to build that road to truck traffic standards. We talked to a couple things about the properties to the north on Ross Road. I know it's in the deal that says that property values could be affected. We talked about that in the Board of Adjustments. There is no data that the city has provided through the Planning Department where this is true. However, to the contrary, I have in my hand from the DeSoto County Tax Assessor's Office, 7679 Sandy Road. I will not name the name of the lady that owns it. In 2021, her tax bill was based on a $67,000 value. And the assessor's office has assured me to make sure to assure you that this is not true market value, that it is some percentage less than the market value. Thank goodness for all of us on that. As of 2025, that same piece of property now through the 2025 tax roll is valued at $96,000. We also have one of the we talked about over home. Straight here by the warehouse that comes down. I don't have a corner to point to that that side of the warehouses 5760 Ross road. In 21 had a tax valuation of $48,000 compared to 2025 of 70,000. So we have there's rock said no actual data that supports the home bag, you could be affected by this if there would ever have been a home value issue it would have been the day that this property was owned in more because with within the in one zoning and I know you all are familiar with this and I I can point out a few things from our our side our viewpoint. things that can go on this piece of property that does not require any of your permission manufacturing so we could build a small manufacturing building on this property and have two hundred and eighty two parking spots without anybody having to approve that unfortunately nobody's going to need a manufacturing with two hundred eighty parking spots but that legally could happen if we force it to do that cannabis cultivation and or processing facility, sexually oriented business, including strip clubs and adult stores, aluminum can processing and recycling, and then numerous manufacturing that would have some type of noise going along with that that would be hard to handle. So I understand that we are trying to have smart growth, but we also are looking to add a piece of property that currently the city is getting hardly any tax revenue from. Through my conversations with Stephen Goett at the assessor's office, upon this construction starting, this property will be assessed at somewhere between $40,000 and $50,000 per acre. as well as any structure built on it for the tax purposes. And as far as some of the other things that Assam brought up that where we have asked for some deviations from the reg, we are conceding to remove the compacted concrete, the asphalt, the poured concrete, agree into the twenty-foot barn uh... landscape plan which is not required for your for initial approval will be more than happy to submit that for for final approval once once approved was given and we've we met with the initial meeting we had representatives from the fire department there and we agreed at that meeting to pipe eight-inch water pipe along with fire suppression systems all through this development so basically we are now offering for your approval to remove some of the things that we were asking not to do the 20 foot burn the You know, so that is, I'm going to turn it over now to Greg Smith with Civil Link. So if you have any technical questions, unless you have a question for me concerning anything that I've said here today.

Mr. Cashin, I did have a couple. Thank you for your comments. And I think your concessions are definitely warranted because they were needed. I had a couple of questions, though, that if this were to be approved, whether it's here or another location, I know it's a 24-hour station or proposed to be, and it will be manned and secured. One of the questions I had, though, will idling of the diesel engines be allowed? Because that's a concern to me. I know I'm not a truck driver, never have been, but I do know sometimes when it's cold or hot, they keep the engines running for air conditioning and warmth when they sleep over. That's a noise issue and a fumigation issue, if you will, a fume issue. So how would you address that?

Well first off I'm glad you brought that up because I if you notice I got all these little notes drawn and I missed one and that gives me an opportunity to bring up a point of of what this really is when I say drop your. I don't know that we're all on the same page why I don't know what all the definitions or know this with planning has a a broad definition. What this is designed for this what our intention is and we will put this in writing every how we want to have a need to this is not a day parking deal. This is not for someone to bring in 280 trailers and park them and leave them like we have in some parts of the city. This is more designed for the individual that drives a truck that lives in a subdivision in Olive Branch and doesn't have anywhere to park his truck over the weekend. This is for someone to come in and pay us a monthly fee to come in and park his truck or her truck, whoever it may be, and whenever they need to be that they can go and park their core given their truck and then leave and go work and bring us our goods that we all need this is not this is not a daily this is not a small work i would say more on the lines of what you see a crows truck stop which is just across the state line where he has some seven hundred spots that are full where people show up on sunday night they get in their truck and they leave and leave their car park there They come back on Friday night, get in their car and go home, visit their family, and then they come back and leave. So as far as the diesel engines, I don't know that, I can't sit here and guarantee that some guy's not going to show up in February and crank his truck and let it run for 10 minutes, but I think based on the 25th foot berm, and if you look, and I don't have a corner, and it's tough to do, but there is a lot of ground all the way from these these turnarounds between the homes so that time you I think the county I mean the city's ordinance requires us to the 25th 25th barn with landscaping on top of that so that's about as good as we can get about monitoring that.

But this is not a parking lot for overnight stay. No, it is not.

No, it is not. So it will be manned, and as far as the security part, it will have the automatic. Everybody has been given gate codes, so we'll be able to track who's coming and going, license plate readers. And may, at some point in time, if we had to, we would probably man it throughout the night. But we do not look for this to be a come and go, everyday type situation.

Okay, thank you. One other question. Since it's open 24 hours, do you propose any limitation of someone rolling in at 2 in the morning and dropping their truck off or starting at 3 or 4 in the morning, crank it up and leave it?

We would have the same regulations probably as FedEx. Whatever time they get there, they're going to be there, and whatever time they leave, they would leave. I mean, they can't. We wouldn't really have any control over that, nor is there any control over any of the other things in this industrial park.

Asang, are you aware of any limitations on hours at the FedEx facilities? Is that 24-7 pretty much? I don't know.

FedEx is 24-7 served, but if you look at the location of FedEx, it does not back up to residential. Right. So FedEx is kind of like isolated on its own.

it's a fedex is a 24 7 operation and it's uniquely separated from anything residential okay well i would say too though this this i don't know if you can see this but all of this in here is butted up next to residential and it doesn't have any any type of that i know of any type of restrictions on time um like i said This is a conditional use and we realize one of the conditional uses there, but I don't know that I think we can do everything we can to protect the just the people that live on Ross road or Sandy drove there but I think this is a better option for them and for us that some of these other things are on the list.

What kind of berm are you planning on putting up? Is it going to be a brick wall?

Well, the reg is a 20-foot earthen berm. And I'm going to speak out of turn here, Alderman Gammage, but I've got Greg here to back me up. So if you do a 20-foot berm, so at the peak of the top is 20 foot from ground level, But when you do the slope off of that, it's about a 75 or 80 foot wide earth and deal that would be lit. That will be at the top will be a fence, of course, along with vegetation. So how wide would that be? Greg? So be a 130 foot wide with a 20 foot at the top and then at the top will come in and plant vegetation on top of that I believe is what's what you know has been a concern.

The residents on Ross row. I understand home and Wallace say you know they was promised one thing and they have no way of keeping and all saw them at night. That's true. Bumping the docks and things like that. So one other question, you know, you're talking 250. 250.

One way in, one way out. Two ways in. One way in, two ways out. Okay. So this, if you look right here at the fire department, which we didn't want to do and would love if you could see fit to strike it from this, we'll be more than happy to take it out and put some extra fire hydrants in there.

But we've got to, can you say that?

Okay, I got it.

I got to say.

So that is a that is a emergency only entrance there in case something was to happen. So if we we don't want to put that in, we don't want to touch any of that residential, but we'll burn the whole thing and do whatever we need to do because that is that is 250 feet of road that is basically a dead expense that we would love not to touch Sanders Road.

Yeah.

I mean, you know, if he was planning on connecting the egress and ingress to Sanders Road, you know, that's not a trail ground.

No, that's just for emergency. That's just for fire fire because they'll have a gate code. I guess that's how they do that. I had to take with the fire department how they want that. But that's just for police fire and ambulance services to come into the property. No one would leave there and it cut less. It was an emergency of some sort. But like I said, if if there's a way that we can do it and we can up The water or do whatever we need to do and cut that off right there to complete completely cut that off from Sandy Road, we would do that as well. I said we're we're we want to be good stewards of the city, but we have got to find something that fits on this property due to how it lays and this through our land plan was sibling this was the best case scenario for what we could could could do for this base property.

Okay, thank you. Mr. Cashin, you got a warehouse in front of this. Yes, sir. Have y'all got their written permission? Have y'all approached them? How much they would like this? Because this was always on as a PUD under warehouses, and this is a change. I mean, does he still own them?

Do I know?

He doesn't own that warehouse, does he?

No, that was, I guess, and I'm speaking out of turn because I'm not exactly sure who owns what through there, but my guess is that land was sold. from this group to idea. They built the building. Now they've sold it to think it's very bad industry. So you know, when I would tell you that idea has looked at this and has basically said they don't have a use for it because I again, I can't point to anything that y'all can see.

But basically, right down this line here is a ditch that comes in and crosses right here.

And there's no way, you know, unfortunately, 10, 15 years ago, Mike and them had an opportunity to move that ditch and didn't realize that it was one of those things that they moved it. That would be great, but that opportunity would go away when the administration changed. And when the administration changed back in... forget which one it was, but one of the administrations changed that and now they can't get any clearance from the Corps of Engineers to move that ditch. So now we're stuck with having to work within it. Of course, we all know that they probably didn't move it back in the day because it was expensive to move a ditch this size, but at the end of the day, I would say they felt like if I got approval today, then that approval was going to be here for a while. And then if I ever find a company like IDI that can build a facility here, they would come in and move the ditch, and then that didn't happen.

Okay. I understand what you're saying. We went through a lot of this getting this rezoned and promoting it. I don't know if the IDI who bought that thought it was going to be a drop yard. I don't know if the residents thought it was going to be a drop yard. I just didn't, you know, I had what, one employee or two employees?

Sir, I didn't, I don't.

You got to be minimum employees. How many employees was that?

it would be limited can't be many it wouldn't be many at all it'd probably be some part-time help to come through and check and make sure that oh there's no garbage and things are cleaned up but minimal employees normally i'm for business you know that i i don't know how it really helps the city us doing it and a bunch a lot more trucks Well, I would say that that I would say from from my standpoint, uh, and C. I. P. Standpoint, uh, hopefully the city and it's just one of those deals. It's kind of like the the planning department's, uh, allegation is just gonna hurt property values. This is me pulling it out of the hat. But, you know, if you have 252 people pulling in late at night in the truck, stop pulling in in a truck that's gotta park it, their meter stops when they turn off the 305 on the sandage. So they can drive up to that 10 hours, and as long as they can get off the sandage, they can pull right in the QT, fill up with fuel, get a cheeseburger, a piece of pizza, go park their truck, when they leave a hope we might be stopped at about and get gas. You know that's where the city I think not only is it going to be some set some property tax increase but hopefully you have some sales tax off of fuel and other things that are done and that's can't justify I can't prove it but keep prove that it's not going to happen as well. Like I said, we're just trying to find something that will fit, and we've got, like I said, two.

I understand what you're trying to do. I just have some apprehension about it.

Sure. Thank you.

Any additional questions of the applicant?

I've got one question. Okay. You've agreed to do the berm and the concrete and everything. Why didn't y'all agree to do it at the board zoning adjustments? You wouldn't have you probably wouldn't have got turned down. So now.

Well, no, no. So so let's really to be quite honest with you, we're unprepared for what we got at the Board of Adjustments. We're not. We did not think that what we talked about was going to be that big a deal until we got here the night of and saw. And then did not realize that in the Board of Adjustments packet that we were not provided was a letter that the mayor wrote saying basically turn this down because we're not going to get any benefit out of it. And we really kind of walked up against a loaded gun just right out of the gate with the Board of Adjustments.

But the letter had nothing to do with berms and concrete.

where we talk about the concrete and you know to be quite honest with you uh... didn't really think that what we were offering was a big deal our regional meeting with mayor and a song uh... song faces one of those that i this thing was put into place twenty years ago to discourage people from doing it if you want to try to do something different put together a plan we did and it failed miserably so That's why we have to have you know 100% but hold so.

And just for full transparency that letter. Ladies and gentlemen was a 24 letter regard not this drop lot or truck yard, but any drop water truck yard that brings a high number of trucks in to damage our streets and the city gets a little to no tax money. There's usually a guard at a metal building and some of these are down to $10 and $12 a night. A very cash rich business and I doubt the city sees a lot of the tax dollars and that was my stance in 24. Not particularly about this site, just any sites because we've got enough trucks in and out of this area. But it wasn't specific just to this one, Mr. Cash.

I understand. additional questions.

I don't know that it's necessarily going to hurt the property value, but The information you provided was based not based on the value increasing of the House, but the appraisals that happened statewide correct that that had nothing to do with anything you know whether the property has gotten better because of him want to do whatever that's just everybody want to so well, that's true.

From some of these things were required by the more zone is in doctor who saw was there for just a standard sure understand things they were just saying that that is true.

100% and we we we tried to put together a but a plan that we felt a lot was better and like I said so that's kind of why we have realized that if we want to get this approved and this is the place to to you know to say hey we were wrong and this is what we will can do and There again, if the board sees fit to approve it, great. And if they do not, then we'll go back to the drawing board and try to come up with something. But I don't know that what I come back with, one, that you'll ever see it, and two, that you're going to like it. So I don't know. It is what it is. But one thing I will say and I may be a 100 people here today against it, but the Board of Adjustments have got the same letter notification. Not one single person showed up. Not one single person on saying is not one single person on walls, not one single person at a Cedar Creek say you're coming to say you're great say or Chris not not anybody showed up.

Well, they may not show up, but we get the emails and the phone calls.

I promise you that. I understand.

Mayor, may I make a comment? Yes, ma'am. I drove out there yesterday, and I drove down Ross Road and to the end of the Sandage Road. These poor people, there's no silence over there for them if this comes in. We followed a FedEx truck out that took the FedEx lane and took the Sandage exit with no emergency. I mean, he just decided he didn't want to go out in the old road. So, now my brother drove a truck, I'm not against truckers, but I do know that when they decide they're gonna go a certain route, they're gonna take the shortest route to get there. We're already 10, maybe more years out getting 305 widened to even think about adding 252 more trucks to exit out of there. So I have a major concern with, what's best for our citizens when it comes to the safety. I have seen Nell Road exiting on the 305 where it's lined up, and I can see where truckers are gonna find another way to go out. They'll go out church or craft. They go down craft at my location, and at both ends it says no trucks, but they take it anyway. So I think we as a board have to consider the safety of the citizens when we're talking about This particular location for this volume of trucks, not even considering the noise for the people on Ross and Seedage.

May I have one last question for staff or Mister cash in the picture you have on your computer which we have on the public can see that or not but do we know it at this point what is immediately to the east of that area and read into the north of nail road has that property been sold yet I mean I know it can it has the permitted uses of him one which can be warehouses and other things but do we know if it's been sold or any plans on that yet. I don't know if that is that among referring to these property or to this one. Both of them, but primarily the one at the bottom just north of a nail road.

There was a warehouse that was proposed on that location. I think we actually reviewed plans about three years ago, but I think because of the economy, it didn't move forward. This parcel and this parcel, we had approved plans, I believe, for industrial warehouses on these two locations. Two buildings proposed here. But just because of the way the economy kind of changed, those have not been constructed. One of the things in line with that, we took the size of this building just to scale and we were able to feed it on this piece of property outside of the beach. So this piece of property can be developed for something different from a drovia. It is developable. It has developable area outside of a ditch. Certainly not as large as this one. Right. But comparable to this. It has a developable area with parking spaces outside of the ditch. It's there.

And immediately to the north of the two properties we just discussed is... Is that still AR or is that M1?

Didn't we approve of the RV park right next to it?

Yes, this is approved for ROV park.

Okay, that's what I was wondering if that was the exact property. Okay. Thank you. You're welcome, sir.

Thank you, Mr. Cashin, and board, just for transparency as well, Mr. Cashin, when he appeared earlier in my office, he clearly said if the board doesn't want this, then let him know what will go here. He's trying to develop this 35 acres, and he approached the city in a professional manner and said if this is not what the city wants for the city to tell him what, what the city would allow there was his comment to me. This is a public comment item is really want here that is a proponent you're here to speak in favor of this application you wish to see this application go forward. Seeing none of you here to speak in opposition, I believe we have dark Rogers listed to come forward in opposition to this application come forward.

Good evening Mister mayor, thank you. Men and women of the board could have a good evening. Just want to make this short. I think you guys have covered everything. This is a simple case of give and take or cause and effect. We give they take because they want this effect is what we receive. And what we're looking for in all the branches a type of structure growth. This falls under the category of extra to which is parasitic just going to give you some guidelines. I heard the represent the mention facts to to the matter brought those with me today to review. One fact is simply that the heavy wear and tear on the road grids or services without paying proportional upkeep. Leveraging loopholes. I just want to mention that the applicant did mention about the grants that were provided. However, there's no type of supporting investments from this particular request. Also, we must think about when a parasite latches on to an object, you know, sucks them dry and then goes and finds something else, the serious damage that I see daily as a citizen traveling to and from work and various other activities just can't be absorbed. And I know he did mention FedEx. We do want business and to support our citizens in this town, but I think FedEx brings about approximately thousands of jobs As well as other investments and within to the city infrastructure. And then as Alderman Earhart mentioned, the pollutants that this will cause is simply unfavorable. These individuals in these communities and neighborhoods, they've seeked out all the branch, Mr. Mayor, as a great place to live and work, even the national recognition within our some of the media identifies with that so I think I would like to implore the applicant as he continues to say what can I do as you stated he approach you let's work together to look at something that's going to be productive. More specific to a better outcome for not only the the applicant but the city. We are responsible stewards of our resources at this time, and it's something that we must take very seriously. So right now, I gotta stand before you, Mr. Mayor, just in opposition of this and asking the board to consider your citizens and your community stakeholders. I'm gonna leave you with this last thing sitting there. I saw a lot of uncertainties. That's a representative of a HOA board. They all say I'm going to do it until they get in there. Thank you guys for the time.

Thank you, Mr. Rogers. I know we want to support each other, but I'm going to ask just for that we not clap because one side can clap as well. And once we start the clapping contest, then we'll be here all night. So just support each other, please, without clapping or any kind of outburst. Mr. Chris Gillespie, are you here to speak in opposition to this?

Chris Gillespie 7657 with senator. Thank you mayor board. Just real quick keep it keep it short. When they apply for with the Board of Adjustments they obviously did meet the requirements. What have they done different now that they can come back and say well, yeah, you can get it now and they haven't done it and like Mister Dick Nickerson asked him, why didn't you do it at first? Well, they never thought about it. And, uh, Ottoman damage with the people on Ross road, they were promised to burn, never got it. And how, who's to say that it get approved. And they said, we'll do the berm last. We're in phase two. We ain't got the burn yet.

We're in phase three.

We ain't got the burn yet. And me being a resident lifelong resident, it's kind of, dear to my heart because it backs right up to my property been there all my life family everybody and i just want all y'all to kind of think about this if it was a drop yard that was going to come to you all's neighborhood your backyard would you vote for it would you approve it just keep that in mind thank you thank you mr gillespie

not not at this point. Jacqueline Jones, are you here to speak in opposition?

Thank you, Mayor. Thank you, Alderman. I'm here on behalf of the property of 76 47 Sandage Rd. And I appreciate the presentation and the details. but I didn't hear any benefits for the residents. None. Only thing I heard is what the city would benefit from. And you wouldn't need to benefit it if you didn't vote for it. And the property value. No one's house is sold based on the assessor's value of property. As you said, everybody's property went up. But who wants to buy a house that's backed up to a drop yard? The homeowners will have a very difficult time selling their home, and they will have to drop the price of that sale if someone just wants to buy the home. The security, I mean, I heard, well, one or two employees, you know, that hasn't been defined yet. I thought I heard something about cameras. Normally, the crime has already been committed when law enforcement is informed of it. So that's not going to stop crime. That's not going to prevent anyone from doing anything. And lastly, It is very out considered a danger to residents to children. Who may get into that area and we know they all have a way of doing what they want to do is just not a safe environment and it's just not good for the residents there were no benefits to the residents if you approve this thank you.

Thank you, Mister Jones. Anyone else public comments section is here by closed on this item is cash and you can come back for give information.

It is evident that People showed up tonight that is not in favor of this. I can tell by how some of the comments from the board has been. We respectfully withdraw our application, if that is allowed, and we will find something that fits on this property that doesn't require any kind of vote. Thank you.

Thank you, Mr. Cashin. Application hereby withdrawn.

Mr. Mayor, I will make a comment. Mr. Cashin, you did mention something earlier about the zoning and what could go there. i'm not so sure that if we come if y'all come back with some in fact you wouldn't have to come back in certain cases correct the residents make it something worse than what they And I understand that there's some opposition to it, but we've had this situation before where we turned down something and the people got something worse than what they had anticipated they were gonna have before and had buyer's remorse, wish they'd taken the deal they had. So I know that people are, you got emails and you've gotten questions, we've had comments tonight. But there are situations that they could put a warehouse there or some kind of small manufacturing plant, and it would never come back to anybody to say yay or nay.

That is true. And just so we're all on the same page, that was not a threat, because I promise you if I tried to open a strip joint, my wife would kill me. And if I tried to do a cannabis, I even told her, I said, we're going to name it Ken's Cat House. But she was like, you better not do that. I'll kill you. But also, we wouldn't do the cannabis. So we're going to try to find something probably in the manufacturing or small warehouse and move forward.

Got to be over 60, 85%. The cannabis users are over 60. Just remember when you market that. Thank you, sir.

We appreciate it. Thank you.

Next item following the agenda consideration. Public hearing a consideration to amend the zoning ordinance by adding various definitions restricting indoor and outdoor smoking in public place establishments within 500 feet of public parks specifying criteria for data centers as conditional uses in the M one light industrial and into heavy industrial districts only limited the height of freestanding monument signs in the office area and neighborhood commercial see one districts to 8 feet and in the sea to highway commercial see 3 general commercial and see for planned commercial districts to 12 feet and specifying the size location and height of on premise and off from the signs in the M one light industrial and into heavy industrial districts public here was set on July the 21st for this particular item that we're about to hear today. A doctor song.

Thank you, Mayor Adheman. Before you is your request to consider amending the current zoning ordinance of the City of Olive Branch by doing a number of things. Adding various definitions in the zoning ordinance for clarification purposes. Often words are used in the zoning code. They may mean different things in different cities. So each city, the words may be common, it may be a technical word. It's very important that we clarify exactly what does that word mean in order to avoid confusion when it comes to implementation of the zoning ordinance. As such, Various definitions are proposed to be added to the zoning ordinance regarding things like what is a cigar lounge, what is hookah bar, what is a data center, what is a data center accessory use or structure, what is a data center energy system. So those are words that are proposed to be added to the zoning ordinance. This is very important, especially if we are adding a section to the ordinance that addresses something that is totally new. For example, data center. What is a data center? That word is common out there, but it may mean a lot of different things to different people, especially with regard to what goes on inside the structure. So that is the first element that this amendment proposes. The second is to address smoking and vaping around public parks. Public parks are supposed to be places that are inviting. They are open to use by the general public at large. Everybody should be able to go there and use it. Sometimes certain activities, especially with regard to things like smoking, close proximity to the park can be deterrent to folks with various health conditions in particular. So to ensure that the public parks remain open, inviting, and usable by the public at large, the proposal is to limit or restrict vaping activities and smoking within 500 feet of public parks. Of course, there may be certain uses that have designated smoking areas. You may have a particular use that has a designated smoking area of business and that particular piece of property, especially if it exists already, that will become kind of what the common term is grandfather, so to speak. that is covered in the zoning code. Before I come to the element on data centers, with regard to reduction in the maximum height of freestanding signs, the office district serves as a kind of a transitional district between residential area and more intensive commercial areas. Somehow in the zoning code, The signs that are permitted there are as intrusive as those permitted in highly intensive commercial zoning district. So this change is intended to recognize that difference, that transitional difference as one goes from residential to commercial areas. The same with neighborhood commercial C1 zoning district. So the proposal is to reduce those signs in height from 15 feet to 8 feet to make them more transitional, more conforming, less intrusive with adjoining residential districts. And also to reduce the height of signs in the highway commercial C2, general commercial C3, and planned commercial zoning district C4 from 25 feet to 12 feet. We've been practicing this policy in the city for about the past five years. but it's never really been in the books. We want to give it teeth by actually putting it in the books. If you look at the sign, the old shine time, Old Town car was, what was previously Old Town car was. That sign is 12 feet high and it's clearly visible to everybody on Highway 305. If it were 25 feet high, rather it looks like when you're driving, you're driving under the sign and you can't see it. So we've been implementing this 12 feet high policy in the city for a while and it hasn't posed any problem to anybody. We just want to make sure that we have it in the books and as such it gives some teeth, it gives staff some authority when enforcing that particular regulation. With regard to signs in the M1 and M2 zoning districts, size, height, and locations, the zoning ordinance, the only districts in the city of Holy Branch that allow signs that are larger than 100 square feet, really permit signs up to 400 square feet, is in the M1 light industrial and the M2 heavy industrial districts. A sign that is 400 square feet large is basically a billboard. So really billboards, one can say billboards are only permitted in the M1, M2 districts in the city. But there is no distinction between on-premise and off-premise signs. A billboard is an off-premise advertising sign. So you could have Let's say FedEx, for example, their sign could be a billboard, 400 square feet large. It could go on Goodman Road, Legacy Park, and have one of those industrial Amazon, put up a sign, 400 square feet large. That is what our zoning ordinance basically currently permits. The clean up year is to make a distinction between on-premise signs, that usually should be smaller in size, maximum 100 square feet, just as you have in commercial areas, and off-premise advertising signs, which are up to 400 square feet large. Those off-premise advertising signs will become subject to conditional use permits, as opposed to on-premise signs that are treated just like signs for any other business. So if these were approved, a billboard in the city will have to go through a conditional use permit approver by the Board of Zoning Adjustment. The key reason for that will be to ensure that wherever that billboard is proposed, the character of that corridor is taken into consideration. It's important to avoid a situation where you have too many billboards along a particular corridor and driving down the city hall you see that billboard, billboards sometimes have in certain highways. The second element about this with respect to locations is The distance between these very large off-premise advertising signs is proposed to be increased from 1,000 feet to 2,000 feet to avoid overcrowding of these corridors. That's the purpose, to avoid a corridor becoming overcrowded. And for height, the billboard signs will remain maximum 35 feet high. But for on-premise advertising, industrial use, that will be reduced to 12 feet high, just as we have in commercial areas. With regard to data centers, which I wish to focus on as far as these particular regulations are concerned, the M1 zoning district in the city has this particular language for permitted uses. The zoning ordinance has conditional uses and permitted uses. Permitted uses are permitted by right. Anybody wants to do anything on that particular piece of property, all you need to do is to submit a site plan to the city, is reviewed, approved administratively, and the applicant goes in and puts up the building or proceeds with the development. It does not go before the Board of Zoning Adjustment for a conditional use. It does not go before the Planning Commission. It does not come before the Board of Admin. So permitted uses, one of the permitted uses listed in the M1 and as such also permitted in the M2 zoning district is this use number six. Says wholesale merchandising or storage warehouses with or without accessory retail sales and offices. Data centers as they are commonly known are essentially storage warehouses for data. That's really what they are, with or without accessory components associated with them. So if somebody walked into the City of Holy Branch today with a data center application, that person could argue that all I have in front of me is a storage warehouse for data. And as such, in the M1 district, I'm permitted by right. In the M2 district, I'm permitted by right. Person could make that argument, and we would not have a leg to stand on based on this particular provision. In this regard, the city is pretty susceptible, exposed, so to speak, considering the negative externalities or the impact that data centers pose, just as from what we have seen around us going on in Memphis, going on in other cities like South Haven. The proposal, The first thing with regard to this is to remove data center from the possibility of it being a permitted use and making it a conditional use in the M1 and M2 zoning district. As a conditional use, they will be subject, therefore, to all the general conditions of a conditional use permit. I'm glad we just went through this experience with a drop yard. So those are the general conditions, those seven conditions, those are character of the area, impact on traffic, all these conditions, those are general for every conditional use permit that comes in. It gives the Board of Zoning Adjustment a lot of fit to be able to vet the application. If it were approved or denied, let's say it was approved, Anybody affected, the way the city ordinance reaches, anybody who is affected by the decision of the Board of Zoning Adjustment can appeal it to the Board of Adamant. And the board will have the opportunity to look at that particular application. Right now, the board has no opportunity to look at anything. If it were submitted, it would be built straight away. So this is intended to move it from being kind of a permitted use by right to making it a conditional use permit subject to review, decision by Board of Zoning Adjustment, appealable to the Board of Aldermen. As a matter of fact, any alderman, the mayor and any alderman can ask that it be appealed, can appeal and require that it be brought before the board. Basically what the city's regulation says, anybody affected by it, anybody can appeal that the decision should be brought before the Board of Admin for action. So there are those general conditions, but also there are specific conditions that are proposed. in the text before you with regard to data centers, just as you had the general conditions for drop yards and also some very specific conditions. In the same way, same thing with convenience store with fuel pumps. There are some very specific conditions. You must be at signalized intersection, for example, to qualify for a convenience store with fuel pumps in the city. In the same way, you have the general conditions for the conditional use permit that will be applicable, and you will have some very specific conditions that will be applicable to data centers with regard to their review and permission as conditional use permits. What are these specific conditions? They address issues of locations, setbacks, things that will be prohibited, If we receive an application, one of the requirement is that the applicant will have to submit a utility and infrastructure plan to the city. That is critical. This particular use across the country has significant infrastructure demands with regard to power, with regard to water, for example. And right now, we don't have any of those in the books. None of such requirements exist. These particular regulations will specifically provide and require any applicant to provide to the city a utility and infrastructure plan. There must also be a site plan. That plan must address how will power be provided to that particular facility in a way that it does not pose any negative impact to residents of the City of Olive Branch. Water and wastewater. Do we have sufficient water in the city? The plan must address water and wastewater issue. The plan must address the provision of gas, community digital ecosystem footprint. Sometimes data centers are not all together. Everything about them is not negative. It's not negative, it's not just also about, you can have a vacant piece of property that is developed and taxes increase because of that. But they can also provide a certain digital footprint with respect to optic fibers that can be beneficial to hospitals, to other institutions such as schools. All of those elements, how would this benefit the city of so to speak, beyond just the tax element? Ground and roof mounted equipment. Data centers, if you look at the picture in front of you, that is an example of a data center. They have a lot of equipment often on the roof and also on the ground. It can really turn an area into a cluster looking overcrowded and losing the sense of aesthetics. How will all of that be buffered or be screened? The regulations call for the provision of those measures. Screening and assessing structures, cooling, and energy systems. A lot of the water that is used in data centers is really about cooling. You have to cool those computers, otherwise they will catch fire. So how will those be cooled in a way that water in the city is not negatively impacted? The aquifer and so on, water availability, water pressure. Perimeter fencing and security, how will all of that be provided? The regulations also include performance standards. Often public opposition with regard to data centers focus on these four or five main things. Noise, the experience from South Haven is significant. Generator and testing. You have all the turbines, the generators that are producing all this noise. Cooling, waste heat that comes from these facilities. The computers, they keep running 24 hours. You stock all of them in one giant building, you get a lot of heat coming from there. How do you manage all of that in the city? So the regulations are intended to address all of this. I will speak to a number of the key adverse impact or negative externalities elements and key points in the regulations that are intended to address this. The first has to do with noise. A number of provisions or stipulations are proposed in the ordinance to address the noise issue. One of the approaches used is all data centers are not the same. They're not all the same. They are in different tiers. There are some of them that are more intensive, what is called a super scale, the XAI. These are usually the last ones that create all the noise. There are some data centers that don't even provide or do not need external redundancy measures, external turbines and so on. They don't include all of that. So the first tier, these are low intensity data centers. They're less than 50,000 square feet in gross floor area, less than 10 megawatts peak electrical demand, less than 50,000 gallons average daily water demand. And one thing I should say is, no matter how less this is, all of them still have to provide those infrastructure plans. Everybody goes through the process. No matter the tier that a data center falls through, insofar as it's a data center, it has to go through a conditional use permit and meet all the criteria. These tiers just simply acknowledge the nature of the industry. I'll put it that way. With regard to T1, the minimum setbacks, if a low-intensity data center does not, it has no diesel generators, no gas turbines, no combustion-based backup generation, then it has to be minimum 500 feet from all the lines of schools, hospitals, childcare facilities, nursing homes, public parks, religious institutions, and residentially used, residentially zoned properties. These are usually the elements that create the negative externalities, the noise and so on. If it doesn't involve any of this, then it's just like any other, you can call it small warehouse, almost like a contractor storage yard, so to speak. So that is required to be minimum 500 feet separation from those protected uses. If it involves any of this, then it has to be minimum 1,000 feet. For the second tier, these are more intensive as one goes up. The building, for example, increases from 50,000 to 250,000 square feet of gross floor area. Peak demand increases from less than 10 to 10 megawatts to 50 megawatts. If you fall within this tier two, it has to be minimum 1,000 feet from all the protected uses in terms of location. If it is a tier three, these are the super scale, greater than 250,000 square feet of gross flow area, greater than 50 megawatts peak electrical demand, greater than 500,000 gallons average daily water demand, Basically what you have in Southern Heaven, what you have in Memphis. If you have any of this, it has to be minimum 2,000 feet from all lines of schools, hospitals, childcare facilities, nursing homes, public parks, religious institutions, residentially used, residentially zoned property. So this buffer, this setback requirement is one of the measures with regard to dealing with noise. The second and the third, The border zoning adjustment may require that that distance be increased. when reviewing the application. So the regulations before you have that provision. The Board of Zoning Adjustment can look at a particular area, look at the other existing uses around them, especially if they're already noisy. Because noise has a tendency to kind of add, the noise waves, they add to each other and they can become significant. So the Board of Zoning Adjustment can require that that distance be increased. Lastly, and this is important, the noise from routine operations including primary and associated structures and uses and all energy systems that include generators turbines anything from that particular data from a data center shall not exceed 45 decibels and not all 45 dbc between 9 pm and 6 a.m that is in the night and shall not exceed 65 dba and 55 dbc at any other times that is during the day 45 dBA is the sound of a refrigerator in the house. So inside a single family home, 45 dBA is the sound of your refrigerator. Nobody in their bedroom hears the sound of a refrigerator booming in the kitchen, for example. And this is not the sound at the residential property line. This is the sound at the property line of the data center, which shall be minimum 500, 1,000, or 2,000 feet. from the residential property. So there is absolutely no way that with this level of sound control, anybody living in a residential property will hear any sound. We actually bought a sound meter. I went out and I carried out an experiment twice using this, and there was absolutely no sound. Three times during the day, I carried out an experiment using this. So this is not the sound at the property line of a residential property. This is the sound at the property line of the data center, which must be 500, 1,000, or 2,000 feet, depending on the tier from a residential land use. The second has to do with water. Any water use in that facility must be closed loop. We have to ensure, in other words, the water basically has to be recycled to cool the system. The study must show no negative impact on public use of water in the city of Olive Branch with respect to quantity, with respect to water pressure, with respect to cost to other residents in the city. The study must show that there will be no negative impact. And if that impact begins to show up, the Board of Zoning Adjustment will step in and address that particular issue. Containment system required for all cooling fluids, no discharge of untreated processed water or chemical waste to municipal stormwater systems, drainage infrastructure, or the sanitary sewer system at any time. And lastly, any water infrastructure upgrades shall be fully the responsibility of the data center developer, not the responsibility of the City of Olive Branch. One other very important one I forgot to include in here. City well, where we have our wells in the city, you cannot have a data center within 1,000 feet of a protected wellhead in the city. So that is also included in the regulations. The next has to do with power. The study must show no negative impact on public use of power, availability, cost in the city. Any power infrastructure upgrades shall be fully the responsibility of the developer. The use of systems such as generators can produce all kinds of fumes, environmental concerns. The regulations specify that any backup diesel generators shall be a minimum of tier four. That is the highest on the EPA with respect to environmental cleanliness. It's the highest level that you can have. And generators shall be tested only during the hours of 12 PM to 5 PM Monday through Friday during the day. Those are the most intensive busy hours in the city. With respect to waste heat, the study must show no negative impact on public use of power or heat in the system. Any thermal discharge venting or exhaust from any equipment from that data center cannot raise the ambient temperature at the property line of that property up to four feet So, any thermal discharge venting or exhaust from any equipment, machinery, or operation shall not raise the ambient temperature at any external perimeter property line above naturally occurring conditions when measured at a height of four feet above ground level. So that is to ensure that we do not have heat dissipating and the instruments to measure this, all of that have been provided in the regulations. Any rooftop or wall mounted heat exhaust systems shall be equipped such that we do not have heat escaping from these areas. One area that is what addressing is decommissioning. Data centers can sometimes almost be like gas stations. They can go out of business. You know, they relocated to different areas. There are attempts today to relocate them to space. If they are all relocated to space, what happens to the ones that have been constructed on Earth? so to speak, here on the ground. The city protects itself. These regulations seek to protect the city by addressing the element of decommissioning. Before operations begin, every data center, this is basically like what we do for subdivisions. Every data center operator must provide to the city of Olive Branch an irrevocable letter of credit of sufficient amount to cover the elements of decommissioning. And it's irrevocable. That means it basically endure insofar as the life It's not something that the very next year is going to expire. No, it remains in the books. The board has before it a number of options. About four months ago, when the Mayor asked staff, planning staff, to start looking into this issue of data centers, there were basically a number of options before us, mainly three. The first was a do nothing option. Just let it go. Don't bother about it. Do nothing. We're hearing the term data centers, it may come one day, it may not come to Olive Branch, so do nothing about it. That was the first option we had. That option does not protect the public interest in any way. It leaves us, it leaves the city of Olive Branch as exposed as it were in Memphis, as it were in South Haven. Noise pollution, problems with water, problems with electricity, and so on. So that was, that is a do nothing option that we did not find tenable. The second is to impose a moratorium. This is an option that certain cities and counties have adopted across the state and across the country. But it still leaves the city exposed to legal challenges with regard to any moratorium when it comes to a use. A data center potential developer could always argue that a moratorium, for example, denies that applicant certain due process rights. I want to be able to have my day before the city, before any legal entity, approving entity, to examine my application. But a moratorium essentially denies that opportunity. It leaves the city unprotected if a judge overturns a moratorium. And that is beginning to happen in in the country where those moratoriums are beginning to be challenged by data center applicants. I've forgotten to say that I was reading one this morning. the potential data center, the city passed a moratorium, potential data center applicant filed a lawsuit, and then the board immediately made an overturn their own moratorium, because they realized how long, how much the city was exposed. And if a judge were to overturn that moratorium, then the very next day, the data center applicant could walk into the office and hand over an application, and we would be unprotected. So that was not an option, a wise option to take. The third option is what the planning commission did. basically to review this application, to review the regulations. And the Planning Commission has heard three public hearings on this. made a number of changes from what the initial proposal was, added a number of things, have worked on this for three months, and then finally proposed the regulations, recommended for approval of the regulations that you have before you. So the Planning Commission at its meeting on July 14 approved and recommended saying that the Board of Adamant amend the zoning ordinance of the City of Holy Branch by repealing the language that is struck in the draft that you have, and adopting the provisions that are underlined in the consent sections of the zoning ordinance attached in your packet. Amendments, I should indicate, include the, with regard to signs in the M1 and M2 zoning districts, those are also before the board for approval in the text that you have. That concludes staff's presentation, thank you.

Thank you doctor saw board any questions on the staff report.

You go back to where we with the timeline is there a time on that like no generators at night and things that certain hours was at 9.00PM.

Yes. Generators shall only be tested basically during the day, between 12 PM and 5 PM. Those are the most active hours of city life, so to speak. Not in the morning, when folks may still be sleeping, or in the evening after work. And even with this testing, this does not imply that while those generators have been tested within those hours, the noise at the property line can increase beyond 45 decibels. No, at all times. The noise at the property line cannot exceed 45 decibels, whether you're testing the generator or not testing the generator.

So that's to stop the noise from traveling, I think, up to four and a half miles on level land on a quiet night. They say that some of the low decibels, you can hear the humming. I know the one over in South Haven you can hear.

The humming noise comes from the DBC element. This is low frequency. So our regulations are written to take care of both high frequency and low frequency noise.

To eliminate it at the property line?

At the property line, yes, sir. So at the property line, whether that is low frequency noise or high frequency noise, all of it is controlled.

So if it ever increases past the maximum decibel at the property line, what do we do? Shut them down? Are they outside the, did they lose their conditional use, or what is the proposal on that?

The bottle zoning adjustment has the powers to withdraw the conditional use permit. Is it immediate, or? I'm sorry, sir.

It requires a hearing.

A hearing, okay. It would require a public hearing. So if we had complaints that this particular data center noise is, they're getting noise from it in the neighborhood, we will go to the property line, we'll do all the measurements. notify the property owner and basically say, you're in violation. You have to tone down whatever noise you're producing here. If that doesn't happen, we'll bring the applicant, the developer, before the Board of Zoning Adjustment. And the Board of Zoning Adjustment has the authority to pull that conditional use permit, to basically revoke it and require that a data center be shot. And the Board of Zoning Adjustment has done that with some businesses in the city.

But before they ever get to this point, they'd have to get a cup or conditional use permit to ever get to that point, they'd have to agree that this is what they're going to do?

Yes, sir. OK. Their study and all the structures, all the instruments they have in there will have to show that they will meet this standard. And they will commit to it. The bottle zoning adjustment and the granting of the conditional use permit is basically granting it subject to all these conditions being met. So if at any time any of these conditions are not being met, then the data center is in violation of the conditions of its conditional use permit, and that permit is therefore subject to revocation. We have nothing in the books right now. We have nothing.

Additional questions on the staff report?

One question, I know everybody's concerned about the data centers, but on the office signs, where we're reducing the monuments on the office, we're reducing the height they can have, do we have any signs in the office areas now that are gonna exceed and will have to be grandfathered in, or is that gonna be an issue?

If any sign exceeds, it will be grandfathered. Okay. It will not be taken on to the day that the sign is taken down, then it will be required to meet those new regulations.

All right. Do we have any smoke shop things or whatever, what are they called, cigar bars or whatever they are, that will be outside the ordinance and be grand, or will they, something like that, are they automatically outside the ordinance?

And then we need 500 feet of the city park for example.

I don't know where not none would be in violation.

Any additional questions before public comments. The comments the on Jones.

Thank you more think you're more of all men. For those who may not know me I service chairman of the branch planning Commission. I just want to be clear not speaking tonight on behalf of every commissioner, the commission's spoken through the recommendations it's for to the board. I'm also a resident of olive branch and I care about the responsible growth. Our neighborhoods are infrastructure and what the community will will look like in 20 to 30 years from now. I don't believe we should approach this issue is simply being for data centers or against data centers. Our responsibility in planning is to make sure that if one is proposed the city has the information standards and tools necessary to evaluate the particular project responsibly. There are legitimate concerns water use electrical demand power generation noise backup generation generators infrastructure setbacks and impacts on surrounding property those questions deserve answers, but the question should not automatically become a conclusion. Data centers can differ significantly in size cooling technology water use power supply and impact. A problem associated with a facility somewhere else may give us an important question to ask here, but it does not necessarily give us the answer. We also looked at this from a land use perspective. Olive Branch does not have an unlimited supply of large industrial tracts. How we use that land matters, not just today, but for the long-term development of the city. There was also another important consideration during the process. It was explained that without a specific definition regulations for data centers a proposal could potentially fall under existing warehouse or stores classifications and depending on Sony become a use by right. So to me creating regulations for data centers does not open the door to them. It gives the city a better up the ability to control that door. It also allows us to ask the questions and require information before making a decision. How much water will be used? How much electricity will you require and how will it be supplied? How will the facility be cooled? Whether the noise, infrastructure and surrounding land use impacts. Then evaluate the actual proposal against established standards. And I think that distinction is very important tonight. Establishing regulations for data centers is not the same thing as approving data centers. A future proposal still has to stand on its own merits in the city retains the ability to say no when a project is not appropriate. The planning Commission has already demonstrated that we recommend that we can recommend against a particular proposal while also believe in a strong regulation should be in place for whatever comes next. I respect the residents who have taken the time to come here tonight voice of concerns. I simply hope our decisions continue to be driven by facts rather than assumptions that we asked the questions that we require the information consider the land established strong standards evaluate each project on its own merits. That is what I believe responsible planning looks like both as a planning commissioner and someone who calls a branch home.

Right on three minutes, Mr. Jones. You've probably been on the other side of this podium before, or the lectern. Ms. Ashley Shield, Child, Ms. Ashley Child.

Hi, my name is Ashley Scheid. I live at 6303 Darren Drive. Mr. Mayor and members of the board, I want to start by thanking Dr. Asong Mr. Lewis and the Board of Planning for the work that's gone into developing these data center regulations. I wasn't sure how to sign up today because I'm very much for this ordinance, but I do think that there are a few areas that still leave the city a little bit vulnerable. The updated criteria are significantly better than what was originally presented and the city has made some very meaningful improvements. I believe that we share the same goal of creating a strong ordinance that serves the interest of the city while simultaneously protecting its residents. However, I don't believe we are quite there yet. I'd like to suggest three things to be added to make the regulation stronger. First, put an actual ceiling on water consumption. The ordinance does a much better job of monitoring water use, but there's an important difference between monitoring and limiting water consumption. I would ask that the city establish a maximum allowable water consumption based on demonstrated excess capacity in all of Ranch's water system. That limit should take into account not only one data center, but the cumulative water demand of every data center that could eventually operate in our community. Second, require a drought and water emergency plan The ordinance should specifically address what happens if all the branch experiences drought conditions, water shortages, infrastructure failures, contamination, or an emergency requiring water conservation. During a water emergency, I believe data centers should have mandatory conservation requirements and should not be treated the same as essential residential water use. Third, require continuous noise monitoring. The new noise standards are a major improvement, but for the large tier three facilities, I would ask for continuous publicly accessible noise monitoring at the residential side of the property. Residents should not have to call City Hall at two in the morning and say something is wrong with the noise. The city should already have the data and there should be clear consequences when the facility exceeds its permitted limits. I believe Olive Branch can be a community that welcomes responsible economic development without sacrificing the quality of life that brought people here in the first place. This is not an argument against data centers. It's an argument for getting the rules right before we approve them. The updated criteria show that the Board of Planning has been willing to responsibly listen to the public and make improvements. Our wonderful city has been given the gift of time, resources, and the ability to learn from others' mistakes. I'm asking you to respect your constituents' concerns, protect the people who already live here, and continue this improvement process until we get it right. I'd actually like to end with a question for Dr. Asong, and I believe he sort of was touched on this a few minutes ago, regarding conditional use permit revocation. If a data center violates the established ordinance, who specifically is responsible for bringing this in front of the Board of Zoning Adjustment to revoke the CUP? Is it you? Is it the mayor? Basically, who are we as a community trusting to ensure the proposed consequences occur if this ordinance is violated? That's it. Thanks. Thank you.

Yes. The city's code enforcement department is charged with enforcing the zoning ordinance. So if there's a violation of the terms of the conditional use permit, the planning staff, which has the code enforcement department, would coordinate that with the prosecutor in municipal court if there is not a satisfaction of those conditions initially through an appeal or a hearing at the Board of Adjustment level. and if there's not an addressing of those violations the board of adjustment can revoke that conditional use permit and if there's a continued violation there's a recourse for the city either in municipal court or in chancery court but it's the city staff that would be responsible for enforcing the terms of the ordinance or any violations thereof okay i appreciate that you're welcome thank you mr michael scheid

Hi, good evening. Michael Scheid, thank you for the opportunity to speak here. I, too, am in favor of a data center ordinance, but I encourage the alderman to consider strengthening the current text to better protect the citizens of Olive Branch. So first, please don't remove anything that's in the ordinance now. It's good as is, but there are some areas I believe can be strengthened a bit. First, I ask you to take a look at a particular set of paragraphs in the document on page seven of the ordinance. So I have the full text here. It's subsection B, location setbacks. There's some inconsistent language in these paragraphs, A through D. If you look closely, the last sentence of these paragraphs, paragraph A refers to residential homes, while paragraph B, C, and D say single family homes. Just wondering if we could change this language to be consistent. Secondly, in paragraph B of this section, it contains the phrase but only applicable to AR properties developed with single family homes. Chairman Lewis advised during the July 14 planning committee meeting that the word but be replaced with the word and, and it looks like this change might have been missed. These sections in general I believe are critical to maintaining the day-to-day quality of life for residents at Olive Branch. by keeping data centers a meaningful distance from homes. I believe they're very important paragraphs in there. My other concern is regarding the cumulative impact of data centers. So don't believe we should evaluate data centers as if it will be the only one. If all the branch has two, three, 10 data centers, Lord help us in the future, the impacts are cumulative. But 10 facilities shouldn't mean 10 separate projects. They should mean cumulative water consumption, electricity demand, substations, generators, noise traffic, et cetera. I would ask the city to establish a mechanism for reviewing the cumulative impact of the existing and proposed data centers as part of this ordinance. Thank you.

Thank you.

Anyone else to speak as a proponent show you're in favor to get his attention.

What paragraph was that.

Yes, it's it's on page 7.

So some 29 location setbacks and then paragraphs ABC and the doctor song I would think the intent would be for any residential housing where there's multifamily single family just any residential housing correct.

Thank you. Thank you.

Anyone else to speak in favor? You're a proponent of this app of this proposed ordinance rather. Speaking in opposition, Jake Crawford.

I'm not just speaking against data centers. I am condemning data centers. I implore you all to do the same. We're trying to figure out what a data center is. Let's take it from the mouth of the mind behind the data centers. Elon Musk was on an interview and he said that His God, a new God, was going to rise out of the Mid-South. I'm not a religious person, but I have to face the fact that since the dawn of mankind, man has been trying to define God, and not just that, but trying to become God. Elon Musk has a God complex. He thinks his data center is so precious because he has all this junk data. And the thing about God, God is omniscient. God is all-knowing. And that's what Elon Musk is trying to do. He's trying to gain all the data he can, create AI, and become like this artificial God. I don't want any part of that in my city. I want to stay as far away from it as I can. Albert Einstein said that he was the most telling and watchful person that ever lived. And he predicted that technology was going to lead to the destruction of mankind, the abolition of mankind. And the day is coming. If he was here today and stopped all these dad sinners, he knew the end was near. Y'all better wake up.

Thank you, Mr. Crawford. Frankie Gardner, or Frank Gardner, Mr. Frank Gardner.

Good evening, Mr. Mayor, Board of Aldermen. I'm not going to get as animated. My concerns are mainly for the ecological and environmental aspect of things. I moved to Olive Branch roughly six years ago, and small town is why I moved here. My concern is there's a lot of promise economically for a data center. I get it. Trust me, from a business perspective, I get it. The promises of jobs are not as great as they look. Dr. Insung mentioned in regard to size of data centers. For a data center to make any real money, the operator has to be above 50 megawatts at any given time. And their employment is 10 to 15 people. It's not a large head count. for the opportunity we're talking about. Now, it may be a large tax base, but I looked earlier on your agenda and your giving tax exemptions to Williams-Sonoma and then Barrett Distribution, mentioned earlier. What I'm worried about is you're gonna see that same thing happen in a few years from these data centers. let alone the ecological impact we're going to have from it. Now, there are options. I'm a realist, and I see this coming, and I realize that no matter how emotional we get about it, we may not be able to stop it. I understand. Closed systems, Dr. Insung. You've heard of those, obviously, right? Because you mentioned it in your presentation. Glycol systems, right? Glyco-cooled systems? That's an option I would like to see something like that maybe in the verbiage so that we can in turn maybe not impact the water supply with that and then as well there's other options you mentioned decibel levels 85 db is the threshold of pain correct.

If you will give the public comments to the board. I'm sorry.

To have a vote. That will probably come up in the future in regard to it. And I say this with the idea of South Haven and Memphis, what's going on right now. For Memphis' city council to be starting to use the word moratorium, and I realize it was mentioned, and it's a legal issue attached to that, and I understand. So another option may be to do an exploratory research in regard to the adverse effects of what we're looking at. Again, we've got a great city here. I moved here from Michigan roughly 50 years ago. We had a plant called the Fermi 2 plant go against Lake Erie. You can't drink the water from there. We don't know because of the infancy of data centers and the explosive. It's a big opportunity. No one wants to miss out because everyone is saying, you're going to go somewhere else then. But ultimately, we should take the time to really review it before we jump into it. I realize we probably can't stop it. And the money-wise, you probably can't turn away from it. But again, it's for the citizens of it. And again, the planning meeting in June, it wasn't considered even near my neighborhood. Chief and I live in the same neighborhood. I think we do too, Mr. Mayor. We talked about transportation off of 305 and truck routes and all kinds of other things that were mentioned earlier as well. It's the same problem. Same problem. And then the gentleman previous, Mr. Dickerson, you mentioned it. Perception is reality when it comes to property values. Whatever the state assesses is one thing, but in turn, will somebody want to buy it? OK, before we sign the check, let's please review. Thank you.

Thank you. Final call for public comments for or against final call public comments. Come forward. And since the clerk doesn't have your card, would you give your name and address so she can capture that for the record?

My name is Pamela Bogan. I'm 7107 Stanley Drive. Good evening board. I just have two concerns or many concerns, but See for the generators I've heard of cities Contemplating them use backup for battery instead of gas turbines, which I think would be a great alternative and then I think And I would like to ask a question. Where's the wastewater going? And I think that's a big concern. I know in Wyoming, they just had a bacterium problem and they couldn't use their water for irrigation because of it. So I guess my question is, I do like the the man just talked about and I forgot what it was called where they can fill the water and reuse it. But where's the wastewater going to go and how's it going to impact us.

Anything additional.

Is that, can I, I don't know who to ask.

Well, really you're giving public comments to the board. It's not a Q&A.

I can't ask.

We give some legal direction, but no, it's really not a Q&A. You just give your public comments about how you think they should vote for the ordinance or not.

So how would I, how would we get that information?

I'm not sure.

Well, I think that should be addressed and should be it's not a question and answer. It's your public. I'm just stating at this point. I'm sure I can answer your question. I just think that should be considered of all the restrictions where the great water goes where the where the water that's been used goes understood.

Thank you. Anyone else. Seeing and hearing none, public comment is hereby closed. Board, any questions or directions to staff?

Mayor, I'd like to make a couple of comments, if I could. I appreciate everybody's input. And I think this has been a long process for several months. And thank you for your concerns and also your research that you've done. I think at this point, I'd like for everybody to realize we are not approving or allowing any data centers tonight. I would commend our staff on the excellent job they did on research to improve the situation that Olive Branch could be in should someone want to build a data center here. I think it's a great job of research, I think it was well thought out, and it definitely protects not only the city but our citizens. And I would like to say this, that every morning most of us get up, at least I do, and we kind of scroll through our phone and start looking at stuff. Then we go to work and we create documents. We create records that need to be stored somewhere. And on weekends and vacations, most of us take this device and take pictures of our memories. And we also like those stored somewhere. So I get it that we have concerns and they're rightfully taken to do acknowledgement. And I think this document puts us in a great position to protect ourselves. And I'd like to further add that we can also add to them at a later point and further make them beneficial to the city and the citizens as a whole if need be uh... so mayor with with those comments if nobody else on the board has any questions or comments i will tender a motion to approve the zoning uh... ordinance adjustments as presented ms hamilton comments you have comments any other comments i will make a comment that i'm sure not many people here know

When people talk about data centers, I hear a lot of comments and read a lot of comments about how dangerous they are to the environment and to people in general. I found out this weekend, I've been volunteering at the St. Jude Classic this weekend, and I talked to somebody that works out there. St. Jude has got a data center right on their campus. Three stories, 65,000 square feet, which would be a tier two here. If St. Jude doesn't think that it's dangerous to its patients who are there with cancer, to the doctors and staff that work there, the families that are staying on site, don't think it's that dangerous to have a tier two data center right there on their campus. I know there's different levels of it, and South Haven's been a nightmare, but all data centers are not evil. And I know a lot of people, when they hear that word, they just cringe. They don't want anything to do with it. They don't want one around at all. But they're not all as bad as South Haven and other parts of the country that have had really bad problems with them. And I think this ordinance... Protects us it limits the ability of a data center to come to operation to just a very few properties If anybody saw an actual map of once this gets done They're gonna be surprised at how few locations would ever be able to have a data center here in the city of auto branch So I'm totally for this this ordinance tonight. Thank you

Anything additional for Mister Hart makes his motion Mister Hart if you would consider in your motion to change the verbiage to where it says all residential housing or residential not single-family multifamily, but all residential it's number.

Yes, it's. It's in, a gentleman mentioned it earlier in his comments. It's subsection B1 and then A through D, where it addresses AR homes and single family homes. That language does need to be, in my opinion, cleaned up a little bit. I would defer to planning staff as to the best language for that. Typically, I don't think it's a change of such substance that would prevent the board from being able to move forward tonight if it chooses to do so. But I do think that if there's a motion to approve, that it include that language to be addressed by planning, just for clarity's sake. Mayor, may I mention one other thing? Please. If the board were to approve the ordinance tonight, the ordinance changes tonight, my recommendation is that the board make those effective immediately for public safety. You have, typically under state law, ordinances are effective one month from passage, but given what could occur with a potential application during the course of the ensuing month, my recommendation is that the board take advantage of a state law provision that allows the board to say that ordinances are effective immediately if that's necessary to preserve public safety, and I think that would be a wise move for the board tonight if the board's inclined to approve the amendments.

Okay.

Thank Samir accordingly, then I think this wise counsel appreciate. I will add those two things that on page seven of 29 that language and subparagraphs A, B and C be changed to reflect any residents housing a family is that for planning staff to to to direct to revise that language. And then also I do think it is important because nobody knows what may come in the next day or 2 that we do make this effective tonight immediately.

Got a motion Mister your heart second miss Hamilton anymore discussion. All in favor. All opposed. As have it. Thank you very much plan and staff planning Commission. I know this has been at least 4 months of work and if it needs fine tuning later so be it but at this point I feel like this is probably one of the best orders is in the state and thank you for the time and energy spent put it together. Next item. Consideration of application for preliminary plant for almond Dale retreat subdivision submitted by Greg Smith of civil link on behalf of property owners. Dane Stovall James Allen Stovall revocable trust revocable living trust requested to create 86 single-family residential lots and 3 common open spaces from 50.87 plus or minus acres. The subject property is located on the south side of the soda road at the Marshall County line. approximately 0.86 plus or minus miles east of Center Hill Road. This is in reference to the motion and vote already taken earlier on this land, but staff report, please.

Thank you, Mayor. The request before you is to consider a preliminary plot, preliminary not a final, preliminary plot for the development of this 50.87 acres piece of property which you approved the rezoning as a very first item tonight from A Arrow to Arrow 1. The property It's served by the number of utilities. There's a gas line along the Soto Road. Actually, a water line has just been added following the utilities expansion that the city is doing in that area. All that infrastructure elements are currently under consideration with regard to things like sewer and gas. The applicant, this is the preliminary plot. The applicant proposes to develop this in three phases. So phase one is this area in green. That will begin from the Soto Road. So construction will begin from the Soto Road. It will have 30 lots in phase one. You have a common open space recreation area here that will have the lake or large storm water detention area with a walking trail around it and a gazebo. and phase two will connect that subdivision to the center here retreat to the south and then that will have 32 lots and phase three is this area here in purple which will have 24 lots so this is proposed to be developed in three phases as shown the planning commission reviewed this application at its meeting on july 14 determined that the plant meets all subdivision And the zoning requirements with the property have been re-zoned to R1. And made that approval subject to a number of conditions one through 13. Condition number four, emphasizing that sidewalk improvements are required on all the streets in the subdivision. So they'll have to construct sidewalks on all the streets. Condition number six, for final plot approver, the applicant will submit declaration of covenants and restrictions which will impose a number of conditions. One, the declaration language should include the intent to impose a 2,000 heater square foot minimum house size. And secondly, minimum 75% brick content on all sides of buildings and address the garage orientation. That needs to be addressed at a final plot and presented to the Board of Ademan at final plot approval. With regard to the other conditions, I want to call attention to condition number 13. That piece of property basically has been cleared, because there are no trees standing out there. Condition number 13 will require that a developer or a home builder will plant two inch to two and a half inch caliber trees in front of each lot. That concludes staff's presentation. Thank you.

Thank you. Board, any questions on the staff report? So applicant have anything else to add.

So. I have a question about the application of Greg Smith, a civil.

I guess I'm going to do for my. What is it? You got to address the garage orientation.

That's basically to ensure that there's no front-facing garages. If you look on the plat that you have in front of you, it says that all garages ought to be side-loaded. Okay. All right.

Well, I'm hoping you'd say it. 2,000 square feet minimum on the footprint correct, yes or no.

Motion was to call us to approve as is their second second second, Mister damage all in favor. All opposed motion carries. Thank you. Next item consideration of application for a second revision of bridges that of camp Cree phase 2 lot 12 submitted by she's skiing skiing engineering on behalf of property owner to pack Patel, the request is to divide the existing 2.93 plus and minus acre lot 12 into two lots. The subject property is on C4 Plant Commercial District and is located at the east end of McGregor Crossing, approximately 750 feet east of the intersection of McGregor Crossing and East Bridges Drive. Report, please.

Thank you. Yes, the applicant is requesting to divide the. Divide one platted C4 light into two separate lots for commercial development at the eastern end of McGregor crossing a private commercial road between Hwy 302 and Camp Creek. No zoning amendment is required as this proposal to subdivide is keeping within the general scope of the project text and preliminary development plan for the existing subdivision. And so we have the utilities and transportation aspect shown here. Lot 12 has access to water and gas from the northern edge of Lot 11. Sewer is available to Lot 12 as well. McGregor Crossing is a private road that currently connects to Lot 12. And so here's the detail of the proposed plat. It's just a close-up screenshot of the plat showing the lot to be subdivided. The proposed plat needs to show a continuation of the five-foot sidewalk drawn across the proposed lot 12A to connect to lot 12B. A gas easement needs to be shown moving across the proposed lots. And the proposed plat satisfies all other requirements in the subdivision design standards. And so for the planning commission recommendation, the planning commission unanimously recommended approval of the request for the final plat. However, after the planning commission meeting, planning staff re-looked at the entire proposal and we are making a note to, we're suggesting to have number six and number seven replace number one and number two. They're very similar. But number 6, the addition is we, as I just stated in that previous slide, please provide a 5 foot sidewalk along the entirety of the McGregor crossing traversing that first proposed lot to connect to that next proposed lot. Then add a note to the plat stating each lot will provide a five-foot wide utility easement Along each lot line that concludes presentation Thank You mr. Hackett Smith board any questions Does this mean we're not going to get our anticipated Marriott Garden Inn Hotel? If I may speak on it Would that be okay

I think we probably defer that to that actually comes up as an item. Mister your heart could question don't speak speak offline question withdraw. I just don't want to put any business or any company in an awkward position. Any other questions. Do we have that here. Yes, sir, you may answer Mister Hart question if you wish to but any questions of applicant.

Do you mind sharing with us your intended usage of the two lots?

Yes, sir. It's two hotels. We have one Hilton and then one Element slash Weston. It's technically Weston Marriott. Marriott purchased Weston. Okay.

Now it's a proposed Hilton? Yes, sir. And the other one?

Marriott. Marriott.

Marriott and Hilton. Okay.

Yes, sir.

So now we get two for one.

Yes, sir. Secondary second property is it's actually the first of his kind in Mississippi. So it's we're really excited about the second one. But first one, we need to get the first one get started first and then we'll get the second one. But yes, sir.

Well, if he was that bold, then I'm going to ask this.

We're still getting our white tablecloth restaurant. The second one has a chef on site. Let's just say that it's boutique, too. So it's really very good. Thank you for the good news. Yes, sir. I do have a question if this is the time to ask.

We just I want to know if you needed to add anything else that wasn't covered by the staff report.

Oh, no sir.

If there's no questions from the board, then thank you. You may be seated. Any questions or motions?

That's easy. I'll make a motion to approve.

Motion to approve by Mr. Hart. Is there a second? second mr collins all in favor all opposed motion carries next item consideration of application for first revision of lot three of the second revision of the gd deckelman subdivision submitted by shay skiing skiing engineering on behalf of peggy poff and lisa marie reisinger property owners the request is to divide the existing 5.45 plus or minus acre lot three into two lots. The subject property is on AR Agricultural Residential District and is located on the northwest corner of College Road and McElroy Farms Drive.

Report, please. Thank you. Yes, the property proposed to be subdivided is one AR lot as shown in the yellow dotted line on the north side of college road between how a 305 and Alexander Rd. And so here's a screenshot of the proposed subdivision. The lot which is being proposed for subdivision is listed as lot 3 and final plat of 1st revision GD Dekelman subdivision. The proposed subdivision will not change the existing perimeter of the existing Lot 3. The proposal will only split the property into a 2-acre Lot 3A and a 3.45-acre Lot 3B. A 50-foot-wide ingress-egress easement will be provided to allow public road access to and from Lot 3A and Lot 1. The proposed plat satisfies all other requirements in the subdivide subdivision design standards and the planning Commission unanimously recommended approval and that concludes the presentation. Thank you, Mister Smith, any questions.

Unless the applicant has something to add. Make a motion to wake him up. Make a motion to pass. Motion to pass by Mr. Collins. Is there a second?

Second.

Second. Ms. Hamilton, all in favor? Aye. All opposed? Motion carries. Next item. Consideration of application for a final plan of Shirley Holmes subdivision submitted by Greg Russell. Civil source LLC on behalf of property owner Scott Lawhorn request is to create for commercial and industrial lots told me 10.9 6 plus or minus acres. The subject property is on C to highway commercial district and in one light industrial district and is located on the northwest corner of frontage road and exchange drive known as 80 to 63 frontage road report, please.

The parcel proposed to be subdivided is currently unplanted. There are five addresses currently used on the parcel. The applicant is requesting to create four lots while expanding a small portion of the southern boundary of the parcel in order to contain an existing parking area and. I could get the pointer right, it's. Right there. So water, gas, and sewer access are available to the current parcel. Exchange Drive is a private roadway and will serve as access for 8279A and 8279B. and so here i have a screenshot zoomed into the proposed lot to be subdivided so the proposed plat shows a 31 foot wide ingress egress easement across exchange drive to allow access to lot three since lot four is drawn to connect to frontage road and so looking at all of the other subdivision requirements the proposed plat satisfies all reviewed requirements in the subdivision design standards. And so with this one, the Planning Commission also unanimously recommended approval. And that concludes the presentation.

Thank you, Board. Any questions? Comments or motions? Motion to approve by Mister Wallace 0 second. Second by Mister Dixon all in favor. All opposed motion cares.

May I have something on the last. The reason we're doing this plot is because Farrell has come in and taken over the... Let me make sure I understand.

Are you asking about the one prior to this?

The one y'all just voted on.

The Holmes plot? Hmm? The Holmes plot? Yes. Okay.

So... You voted on it before I could ask you, so... It may be inappropriate for me to ask now.

Well, I did call on you, but we didn't quite make a contact with each other.

My hearing aids are in the shop, so I can't hear anything.

All right, I'm going to have to ask the legal advice on this one. What particular do you want? They approved it, but do you want something else now?

Maybe.

Tell us what it is, and I'll let the attorney advise whether or not we can go down that path without having to regroup.

I want to take a second. Ferrograss is moving into the two buildings on the north side, and they're using that for their residential home fuel tanks. Okay. And what created the need for this plat is the fact that they want, they, Ferrell Gas, wants to build a dock out in the back of the yard, a concrete dock that's raised four feet and has what I call a metal carport over the top of it. And that's for their employees' safety and keep them out of the weather and so forth while they fill these trucks. Farrell is actually anxious to get started on this, even though we're just a little bit away from recording it. I was going to ask that they be allowed to go ahead and start construction before the platts are recorded.

that is really a process question that ever since dr song has been in position has been coming up so i don't want to overrule his consistency i mean that's really administrative it's not something the board would approve but i would say won't we take that up with dr song and see i don't want to observe his authority when he has gone down the path of they got to be recorded before the starts and I know not all cities operate the same. I understand that, but that's the way you're operating now. If I'm understanding right, am I missing the point?

Is that you're correct me and I think I had responded to his email on this particular request. So that's something that we can discuss 100 administratively. It does not really affect the plot.

It wouldn't be a board decision to be an operational item procedural item. So The board wouldn't make that decision. You and Dr. Song would try to work that out.

OK.

Thank you.

Thank you very much.

I appreciate it. Number five, consideration of application for the third revision of Ross Road Plaza subdivision submitted by Shea Skeen Engineering on behalf of property owner Marvin Boland. The request is to divide the existing 4.80 plus or minus acre lot one into three lots. subject property zone C to commercial highway district and is located at the southeast corner Ross road in West and it road known as 5950 Ross road. Staff report please talk to Smith.

The parcel being proposed for subdivision is outlined in yellow and has frontage on West Sandage Road and Ross Road. This lot is currently platted as lot one in the one lot second revision Ross Road Plaza subdivision. And as you can see, there are multiple addresses on that singular lot. The current parcel has access to water, sewer and gas. The current parcel has five addresses assigned to different structures on site with three different sorry, with three driveways accessing Ross Road and two driveways accessing West Standage Road. And so here I have the detail of the proposed plat The proposed plat shows the single lot being split into plus or minus 0.87 acre lot one and a plus or minus 1.39 acre lot two and a plus or minus 2.53 acre lot three. The required utility easements are drawn. The front building setback lines are drawn with all existing buildings shown to exist behind the 50 foot setback. Each new lot will have direct access to a public road with one with lot one adjoining West Sandage Road. And lots two and three adjoining Ross Road. This proposed plat meets all requirements listed in the subdivision design standards. And so Planning Commission also unanimously recommended approval of this proposal. And that concludes the presentation. Thank you, Andrew. Any questions, board, or any comments?

This is new to me when you take a contiguous piece of property with several buildings on it and subdivide. And this is more of a question for Mr. Dye, I guess, in planning. If this were to pass and the owner wants to demolish a building and build something else, it does not preclude them from meeting the permitted use by rights and those things, correct?

That's correct. I mean, the permitted uses are set by the ordinance. If they demolish existing structures and build something that's a permitted use within the zone, then that's allowed.

Okay.

just never seen people to buy the property like this it's already existed but the prior application was right it had existing structures on it and it was previously unplatted and they were adding interior lot lines to separate sometimes you see that if somebody's just wanting to convey a portion of a of a parcel right that's unplatted they can plat it and that way they can sell lot one rather than selling the meats and balance description something of that nature.

It's basically like several businesses on the corner of Ross and Sandage right behind the old TJ's Market. They just kept putting businesses on the man's land and he'd rent them a spot basically.

Typically, we don't include building footprints on the plat anyway. The plat just is setting forth the dimensions of the lot, not the structures that may be on it.

It doesn't address setbacks or anything.

Now, the plat should address setbacks, and they should be shown, plus the zoning ordinance. So you have a 50-foot building setback shown on the Ross Road frontage, a 50-foot building setback shown on the West Sandage frontage.

It looks like they're all real close together. Right.

Now you would have some pre-existing structures, I'm not commenting on this one, but hypothetically you could have a plat that gets recorded and you could have some old structures that would be legal non-conforming uses because they pre-existed, they might have been in the settlement.

I understand that, but I didn't know whether you redrawing them knew whether it would have to conform or not conform. Typically, they would. I guess we don't let them?

Well, typically, we would allow the grandfather that in. Okay. Particularly if you had a house, for example. There are probably some setback issues here in Old Town, for example, or Maywood, for example, where you could have setback issues. I don't understand that.

I didn't know about it.

Okay. Thank you.

Any other questions or motion?

Make a motion to approve.

Wallace, motion to approve.

Second.

2nd Collins all in favor. Motion carries. Consideration of application for the final platform redeemer Baptist Church submitted by rusty Norville civil engineering solutions LLC on behalf of property owner redeemer Baptist Church. The request is to create a single lot of 2.35 plus a minus acres. The subject property is on our 2 single-family residential district and is located on the South side of Catherine drive approximately 300 feet Southwest of the intersection of Catherine drive and how we want to say the 8 known as 5050 Catherine drive report, please.

Thank you may I demand. Before you, it's a request to consider plotting this. So an existing parcel that's a Baptist church on that piece of property. And all they're requesting to do is essentially just to plot it as one lot. It has buildings on it, water lines, sewer lines, gas lines are available to the property. And I think the church has the intent in the future to do some expansion on that particular site. And to be able to do that, they need to obtain a building permit. To obtain a building permit, you have to plot the property based on city regulations. This is the plot as proposed. There are no sidewalks along Catherine Drive. And as such, the applicant is requesting a waiver of sidewalk requirements. The Planning Commission reviewed this application at its August 11 meeting. Unanimously recommended approval subject to these conditions one to five. Condition number four, being that a requirement for the property owner to construct sidewalks along the Catherine Drive street frontage of the proposed lot is waived. That concludes staff's presentation. Thank you.

Thank you, Dr. Song. Any questions? Board?

Is this the...

Yes, ma'am.

And the applicant is here. Mr. Norville is here. Come forward, please. I know you hate that we didn't put this before the data center, but I'm sure you wanted to hang out with us for a while, didn't you?

Part of the game. Rusty Norville, Civil Engineering Solutions, 317 West Market in Dyersburg, Tennessee.

And the question was, is it the previous church of Fairhaven Baptist? Yeah, that's Catherine Drive.

As Redeemer Baptist. I mean, that's all I know of it. Oh, Catherine Drive.

It's a changing lot, though. Right? I think it used to be.

I don't know that it's never been platted before. It's never been platted. Well, I'll let Mr. Norby speak to what their plans may be.

Do you know the plans? I don't. They just want it all platted as one lot. Yeah, they need it platted in case they want to move forward with some building additions or revisions.

Okay.

No more, no less, and it's already there. Yep. Okay. Is there a motion on this one or a question?

Motion to approve.

Dickerson, motion to approve. Second, please. Is there a second, rather? Ms. Hamilton. Ms. Hamilton, second. All in favor? Aye. All opposed? Motion carries. Aye. Dismissed. Thank you. Item 7, consideration of application for final Platte for the Soda County Schools Career Technical Center East Subdivision, submitted by Jay Kaufman, Allen, and Hochschild. Incorporated on behalf of property owner to soda County schools. The request is to create a single lot of 42.50 plus or minus acres to be used for the career technical center subject properties zone. A. R. Agriculture residential is located on the east side of Craft Road in the southeast corner of the future expansion of West Sandage Road and Craft Road. Dr Song.

May I demand before you is a request to consider a single lot subdivision for the DeSoto County Schools Career Tech Center. This will be lot one, 42.5 acres, as you did mention. Couple of, I think just two months ago, one or two months ago, you approved the rezoning of this property to Arizona District. From PUD to Arizona District to allow for this career center to move forward. Gas lines are available in the area. Water lines would need to be provided to the property in order for it to move forward. This is the plan as proposed. It meets the zoning regulations for the Arizona District. It meets subdivision regulations. The Planning Commission did review this application at its August 11 meeting. It approved this subject to a number of conditions one to five. There is a change that I wish to make on condition number one, please. Condition number one, as recommended by the Planning Commission, stipulated that except for the extension of public water to the property, which shall be the responsibility of the City of Olive Branch, all other improvements shall be the responsibility of the developer. We propose to change that or to revise that condition to rather read, all improvements shall be the responsibility of the developer. Except to the extent that the City of Olive Branch satisfies its commitment up to $500,000 for infrastructure improvements. I think that is the nature of the commitment that the city has made to this particular development as opposed to tying it down to just water. And then lastly, with the fate of the DeSoto Innovation District kind of hanging in the air, the board pushed application to September 1st, that may affect how sidewalks or the trail system is constructed in front of the street frontage of this particular piece of property. This condition number four basically says if the Desoto Innovation District project were approved, then the trail network would not come right up to the frontage of this property. Because it will basically cross craft in what will be the new nail road before this particular lot. And so the trail will not need to be constructed. If the Desoto Innovation District were not approved, then the applicant will basically need to extend that trail out in front of this property. And that will basically be like a trailhead. The parking lot will kind of save as a trailhead to close the loop as far as that particular trail system is concerned. That's what condition number 462 address. That concludes task presentation. Thank you.

Thank you. Is anyone here on behalf of the application? Anything to answer?

No, nothing more to add.

Thank you. Okay. Any questions, board of the applicant? I know we're glad to see it get started. Absolutely. No questions. Thank you.

Thank you.

Mister Wallace motion to approve as presented is there a second. Second miss all of y'all in favor. All opposed motion carries staff has asked that the board continue we do lots to the first meeting in September. What the date is. September one if there's a motion to continue it to motion second to continue to September the 1st there's something staff needs to work out with these lots and they just asked to continue it. The motion to wallace motion to September one is there a second second second Mister Hart all in favor all opposed motion carries. Consideration of be it received August the 10th, 2026 for the public works supplies for FY 27. Okay. Request the table. This was September one as well. If the motion is second to do that. Gammons Wallace all in favor. All opposed motion carries public hearing date for the budget here to provide the general public with an opportunity to comment on the taxing and spending plan incorporated the proposed budget for the city of olive branch for fiscal year beginning October the 1st 2026 and ended September the 30th 2027 this public hearing date was set for August the 4th any public comments regarding the city's budget and proposed notice I guess it was not proposed but notice in the paper

We don't need to give a level of you this just for comments on the right, OK.

If the public's has any concerns about the city's budget. I'm open for your comments or questions or input. It's a 149 million. I don't know I know you want me to go live by live, but it's a 149 million for next year. OK over 52% for public safety and expense side for police fired EMS and just a lot of the various calls but if there's no public comments, I will the little it and keep your all night talking about that. I know just Mister Mays rated to get it passes on the working on 2 months or CFO. The public comments is here by public comment sections here by closed. Nothing required want to make sure we're not missing somebody. Comfort for here for the award. I think but are we missing anybody else that needed to speak with the board tonight. I just want to make sure that our guests that have been here all night. Have I missed anybody thing that we need to talk about. If there's anything I'm missing let me know if not we get ready to go to executive session and then we'll go in private session after that.

We've got a new business. Oh, we've got another business. All right.

I'm ready to go. Let's do the new business.

You've got a bunch of them. You've got six items. Okay. I got you.

Very good. I got you. Very good. They're for new business. My bad. Let's go to the new business. Consideration of recommendation to approve change order CO2-26. on a contract with Lehman Roberts company in the additive amount of 108,008 94 increase the contract from 2 million one 48, 680 to 50 to 2 million 257,576 dollars and 50 cents for the project referred to as the term did contract for the annual full depth reclamation and asphalt overlay. The swim.

Yes, sir, we had some cost savings on the state portion of the overlay projects that we've been doing this year. in excess of $300,000. And so we've got term bids with this first new business item. Number one is for the asphalt portion that we're trying to take and utilize some of that money for some of the Old Town area. And so this one particular change order here for $108,894 will basically take care of the asphalt overlay for Kerr Road in the Old Town area. So we are recommending we move forward with that.

Questions or comments or motions. Make a motion to approve your heart motions are second. 2nd columns on favor all opposed as have it considered not to consideration of recommendation to approve change order number seal 3.26 on contract with Lehman Roberts company. In the additive amount of $76,500 increase the contract from 1,000,757,442 dollars to 1,833,942 dollars for the project referred to as the term the contract for annual surface treatment.

So this one is basically part of this part B of the overlay. So this is the patching part. So the four roads that we're looking at that are going to be affected by the patching is going to be Kerr Street, I guess, Depot Street, and Pigeon Roost, and then Parkwood. So those will all have patching that will be associated with this. So we are asking that we approve this under the term contract with Lehman Roberts.

Questions or motions motion to approve Hamilton motion Wallace second all in favor. I oppose us have it consideration recommendation to approve change order number one on the contract with Vance brothers incorporated in the added amount of a 103,930. $983.60 increasing the contract from $811,738.60 to $915,722.20 for the project referred to as pavement preservation. Mr. Swims. This would be a second contract. This is Vance Brothers, not Lingman Roberts. This is where we're doing our pavement preservation.

So I'm Park would we're actually going to be doing the patching and then we'll be coming back with a double micro on that road. So this is just the cost associated with increasing contract change order number one for a contract with Vance brothers.

Any quick motion by Mister Dixon to prove their second. Second, Miss Aldridge, all in favor? Aye. All opposed? Ayes have it. Consideration of recommendation to approve construction, engineering, and inspection services contract with Civil Link Incorporated in the amount of $228,474.63 for the project referred to as the State Line at Davidson Intersection Improvements.

Yes, sir. The job recall. This is the installation of a signal in the group and actually the lane widening at Davidson and state line road. We're getting very close. This is going to be the construction engineering and inspection portion of the contract that's required by M dot for us to have that in place before we move forward with the next phase going into construction. So we have reviewed it and we agree that this is a reasonable amount, MDOT's been in agreement with it as well, so we're asking for approval tonight.

Mr. Swims, one question on that. Did we ask for or approve a traffic signal, or is it going to be four stop signs with the flashing?

It's going to be a traffic signal.

The actual signal, okay. Thank you, sir. I'll make a motion to approve.

motion by your heart is your second second second Hamilton all in favor. Opposed motion carries and now recognize one the other 2 guests are here with us so I'm slowly connect and it's just been a long day consideration of recommendation to us except signal health dental and vision interest proposals received for fiscal year. 2627. Mr May anything to add to that.

We've got quotes from Cigna that's basically the same plan provided now. There will be no decrease in benefits. Quotes were also solicited from Blue Cross Blue Shield and United Healthcare. We use those quotes to negotiate with Cigna to reduce the errors and get them under the other carriers.

Thank you. Motion to approve by Mr. Wallace. Is there a second?

Second.

Second. Mr. Earhart, all in favor? Aye. All opposed? Ayes have it.

And I just want to commend those two for the work they did. That's a lot of wrangling and wrestling, and I know what it takes. So thank you for your efforts there working with Jason, too.

You've had some experience doing that, Mr. Earhart. A little bit of experience. Understood. Yes, thank you very much. That's not a one day process is that that does take a while so thank you consideration of recommendation to approve change order number 2 on the contract with Phillips contracted company incorporated in an active amount of 35,000 $146 increase the contract amount from 2,859,945 dollars to 2,895,000 and $91 for the project referred to as apron rehabilitation phase 2, Mister swims.

As y'all may recall, last month we actually did a change order that was affecting a different area. So this is some of the same type of work where they did apron rehabilitation work and damaged some of the electrical affecting different hangers. So moving to a different area of the airport, we are requesting that y'all approve this change order for this electrical issue to be resolved.

Thank you. Questions or motions? Mr game is motion to approve is there a second. Mr Dickerson all in favor. As have it is your motion to leave regular session with the attention of going into executive session. Mr Wallace motions are second. Second miss all job in favor. All opposed were out of record session is your motion to go into executive session to discuss executive session items is listed one through 7.

So move.

Motion Mister Hall. Second miss Wallace all in favor. All opposed we are an executive session.