Mayor and Board of Aldermen - Regular Meeting

one. I'm now calling this meeting to order. Please stand with us. We'll be led in prayer by Alderman Gallagher. Please remain standing after that for the pledge of allegiance that will be led by alderman at large George Payne. Heavenly Father, we come before you tonight so thankful. We're thankful for our city, Lord, that you've given us, a city that you've had your hand over, Lord, and that you continue to have your hand over, Lord. We uh pray that you would give us wisdom because your word says that if we ask for it, that you'll give it abundantly, Lord. So, bless our time here tonight and bless our city. In your name we pray. Amen. I pledge algiance 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.

[clears throat]

First on the agenda this evening is the approval of minutes for the January 6 meeting and the special meeting on January 9. So move. Second. We have a motion. Alderman Hoots, second by Alderman Jerome. Is there any discussion? Hearing none. Roll call. Alderman Payne. Yes. Alderman Lewis. Yes. Alderman Hoots. Yes. Alderman Jerome. Yes. Alderman Gallagher. Yes. Alderman Wheeler. Yes. Alderman Flores. Yes. That motion carries. Next on the agenda is a resolution requesting the DInnesota County Convention and Visitors Bureau support of local tourism in South Haven. City attorney Mr. Nick Manley.

Yeah. This resolution uh was requested by the city of Olive Branch um or they they passed a similar resolution and asked that city uh South Haven would consider the same. It um requests that uh the CVB which is the board that is made up for the Lander Center um as far as the convention center or Lander Center that each entity that cities will have an appointee to the board along with the economic council and um the sto economic council as well um so that each city um along with the county and the economic council have appointed to the board and that a certain percentages of the sales tax would be used um within in each city um that is paid through the restaurant tax for the CBB. So, it's just a resolution requesting those um items that would then go to the CBB that would then be to I guess in their discretion whether or not they want to introduce local and private uh basically acquesing to those terms um as part of their amending their local and private legislation that they're currently governed under. So that's the proposal or that's what's being that's what's on the um resolution as presented

and just so I can give a little history of this. So in prior discussions among mayors, Mayor Adams um indicated what uh what his goals were and and what he communicated to me is which makes a lot of sense. It's a Dninnesota County Convention and Visitors Bureau. It's not the South even though the Lander Center is located in South Haven. state law created this entity to promote tourism countywide. I've had these same discussions with CBB board members. Uh and I agree with that. So all he's asking is that that the CBB the revenue that's generated by the tourism tax which is um is taxed in Ola Branch just like it is in South Haven, Hernando, everywhere in Dninnesota County that some of that money be invested back in the communities not just at the Lander Center. And so when he asked me what I thought about that, I said, "Well, that makes perfect sense." And so the only thing that I I mentioned [clears throat] to him is that any legislation that results from these resolutions that we make sure that it doesn't impact u current commitments. So like if if the CBB is already committed to something, whether it be debt or like the new hotel convention center uh project that that it not interfere with any of that. And so he said that's not our goal. And so what I asked Nick to do is add in the resolution that that this is contingent upon not impacting negatively any uh prior financial commitment that the CBB has. You wouldn't want someone to come in. You wouldn't want state legislation that came in to tell the CBB how to manage their money and to put them in a financial uh put them in financial difficulty because of this legislation because they have prior commitments namely to the city of South Haven uh and and the hotel year and uh CBB with the um uh hotel convention center project. So that's in there that hey this is contingent upon not impacting that whatsoever. The other thing that's in

there, and I told Mayor Adams and the other mayors that that I agree with, is that it makes no sense to me why Dninnesota County is is now 80% cities. Both geographically and uh if you track revenues, it's it's about 80 it's about the same. It's about 80% cities. So why does the city why do the cities not have anybody on the board? Why why is it just county appointed representatives on the board? Does that make sense to y'all? Why does the cities not have get to appoint somebody on the board? It impacts our cities just as much as it does the county. So this uh resolution that's you know the goals of this are those two things. So those make sense to me. So that's why uh when I was asked will you put this on the agenda for your board? I said absolutely. But uh again with that contingency that it doesn't hurt the CBB with any current u you know financial obligations. So that's that's it. That's all there there is to it. So, um,

discussion,

I'd like to see you get more information out of it. To me, I mean, uh, I mean, like you said, especially with the commitments. I mean, we know they're committed to the, uh, you know, convention center and that kind of stuff. That's, you know, millions of dollars worth of stuff right there. So, I mean, it's kind of like with the way you explain, [clears throat] it's kind of like it's a moot point at this point if you try to pursue it now because they we know they have those obligations. Well, but there but I do agree with u with Olive Branch that in the future if their citizens are paying the same tax that everybody else is, why is money not being invested? And I'm the mayor of South Haven. I'm going to look out for South Haven number one, which I've done here again. But why is they got a good point. Why is money not being invested in Olive Branch? I mean, the whole the state law, if you read the state law that created the CBB years ago, in the the first uh paragraph, it indicates the purpose of the legislation. And it's real simple to promote tourism in DInnesota County. So I think that's fair that they would request that, you know, tourism be promoted in all the cities, not just in South Haven. And the Lander Center is not the CV. That's the other thing that I've asked these questions before. We all It's like the Lander Center and CBB are used interchangeably. They're not the same thing. The Lander Center is a facility. The CBB is not just a facility. It's an organization to promote tourism, but they've been used interchangeably, and that has never made sense to me. The Lander Center is obviously important, and that was a driving factor behind this the organization being created to begin with to fund the building, but that's goes without saying, but their revenues have tremendously grown since then. And I know that they've issued additional debt for the convention center, and that's why I'm saying they should be protected from their financial commitments. However, I don't think there's anything wrong with asking the CVB in the future, you know, that you invest money in the other cities as well. And then and then us the again the cities having a rep on

the board. I mean, why not? That that should have been done initially. Yeah. Probably it's because it was done so long ago back before anything was, you know, I mean, you were the first one to the trough, so to speak, so they set it up the way they wanted to set it up. But that doesn't make it right. Right. I mean, I'd like to see us table just Why Why do you want a table? Is it because supervisors have called you? Is that why? Yeah. Tell us why that you want to table. I like to get more information before. What do you need to know? What do you want to know? Well, I mean I like you I mean to me and I'm not being we I'm good with tableing, but I just I mean to me are we playing political games or really why do you want a table?

When I first read this thing, it's almost coming across as a mutiny. You know, we're trying to take over take over their thing. And you know, uh I mean I think if we're going to set up spots on the on the board and maybe it should be a percentage on population. I mean, you know, we're giving equal positions on a on a board to people that have no, you know, no no no no skin in the game, so to speak.

Well, that would go without saying in everything that we've done as a group when we do uh things that involve all the cities, there's there's always a metric that determines that what you're saying. So, that that goes without saying that that would be part of it. I mean, I just think that, you know, if we could tweak this some more and and, you know, to, like I said, rather than just say every every city or town in in the county gets a person appointed to the board, you know, walls may not have, you know, enough people enough going toward this. We may end up with two people on the board and it could be, you know, you see what I'm saying? Yeah. I mean, I'd like to see us tweak this more before

Well, they're not going to they're not going to be able to determine all that upfront. I mean, I agree with you 100% and that's why I'm saying every agreement that we do in the council of governments when we do uh agreements that you know that impact all the cities, it's always done like that. Usually, it's done by population and so there's no reason this wouldn't be done any differently, but I just don't want a smoke screen thrown out there because I know that I know the phone calls have started. Let's don't play goofy politics, okay? So, if there's a legitimate reason to do that and we need to table it, but I wouldn't know tomorrow from what you've said. I wouldn't know what I do tomorrow what you know to because they're not going to spell out every single thing of what the legislation is tomorrow. That's something all this is is do you show and correct me if I'm wrong, Nick. All a resolution is saying is that we support your efforts to accomplish these two goals. Is that not what it's doing?

Yes. If if we pass this tonight and then we later find out that there's financial implications to the current bonds they took out for the what they what they're doing with the convention center right now. Can we rescend it? Absolutely. Well, that's why I'm saying it tonight on in a televised meeting. I'm telling you that every discussion that I've been in when when this was first presented to me, it's with that contingency. So, this resolution does not make the law. the law is still going to be written by a legislator.

Yeah, the the resolution just asks the CBB to amend their local and private. Now, it's still up to them to even go amend the local and private. So, this is asking them to amend the local and private. And I think the language that I'm hearing that would want to add would just be um because right now the what the proposal is that each city would get 50% invested back into that city based on the amount of tax it paid. So, if you paid a million dollars last year in restaurant tax from your city, 500,000 would go back to your city um being spent and the and the other half would be kept by the CBB. Uh but what I'm hearing is what we need to do is revise it to say to the extent no, [cough] you know, not affecting bonds or any obligations, then just add that as a why can't we do that tonight?

Yes, I'm saying that's we just add that as a contingency and that could be put in there and put, you know, approved at that point. So, if that's what everybody wants to do. Um, but yeah, to the point is you wouldn't it wouldn't really rescend it because it go it goes to the CVB and the CBB can choose to do what they want with it. This is just a resolution that's going to go to them. This is not it's just expressing that you agree with the intent of what they're trying to accomplish. It's not writing the law. And that's why I'm telling Alderman Hoots like we're not trying to write the law here. We're just trying to say that we support these two goals basically. So, I would, like I said, I wouldn't know tomorrow if we table it. What am I doing tomorrow? What what

Well, I'm just wondering if if if we table it, if between now and our next meeting, if you can, you know, have some conversations with these people, maybe we can work out some details and of what they're willing to do and what, you know, what we want and and see if we can come up with an agreement that we, you know, that it's just not worth throwing something out there and see if it sticks to the wall. We'll actually, you know, you give you some time to talk to the people and and come up.

Well, that's what I'm telling you that this is just a resolution. This is not writing the law on exactly how it would be done. But if y if y'all don't feel comfortable with it, then we'll just we'll move on to something else because we got other things to talk about. But I just what I don't like to happen and I'm purposely saying this for the people who are watching. I'm I'm going to tell you the cities in DInnesota County, it is time that the politics behind the scenes where people are being manipulated for the county's purposes needs to stop. and I'm going to speak up for the cities and and Olive Branch is the same way. They feel the exact same way I do. Um, some things are not right the way things happen in DInnesota County and it's time that that changes. So again, I think this sends this is a step in that direction to send the message that it's time for the county to respect the needs of the cities because what's happening right now is that is not happening. the county takes care of their interests and I respect that like I I tell all of them they have a job to do. I respect that. However, if the if DInnesota County is going to be successful in the future, there's got to be a better relationship between the county and the cities. And it's time that the county stop forcing things down the city's throats and that the cities have a voice in that. And so there will be much more discussion this year about that. But this is a first step to moving along that path. But if y'all don't want to do this, hey, look, like I said, we got a lot of other stuff to talk about. But this I think what has happened, the phone calls that you got today that I was excluded from. Uh that's not how you do business. If you want to have a good relationship with uh the entities, you talk to each other. It doesn't mean you go behind the scenes and talk on a Tuesday before the board meeting. It means that you do the right thing and you face up and you talk to people face to face. That's why I'm telling you,

I've talked to Mayor Adams face to face about all this, the other people. So, if the county had concerns that they want us to table it, why have I not gotten a phone call? Nobody's called me about it. And so, again, it's it's just the the old political way in DInnesota County of let's just let's just go behind the scenes and get the votes and get what we want, whether it's good for the county or the cities. That's why I was saying, you know, let's I think we ought to be skipping some time and try to talk to them and see what we can come up with, work out work out something before. I mean to me it just sounds like but again I don't what are we work what are we working what are you asking me well I what I mean by doing it this way it sounds like you you know

it's just a resolution that says that you support this effort it's not the details of the contract that's something that would come after that but if you're uncomfortable then make a motion and we'll table it and move on but I think I've accomplished my purpose tonight so go ahead I'll make a motion we table it okay there's a motion to table it by Alderman Hoots is there a second is there a second to table Okay. Is there now a motion to approve the resolution? So moved. We got a motion. Mod Flores. Is there a second? [clears throat] Second. Got a second. Mining Wheeler. All in favor say I. I. Any oppose say no? Nope.

Motion carries. Okay. Next on the agenda is resolution for for the abandoned property ordinance.

Yeah. this uh property or or abandoned property ordinance is just it basically it'll track Mississippi code section 213921. Um it'll be for those properties that are found by the police department. Um that could be maybe you and then once they're abandoned they would follow that statute under 213921. It would then allow for the police department to follow that statute and then in the event the property is not claimed, it become abandoned property and then the abandoned property then could go to circuit court to be used for law enforcement purposes. So it' still be a um a process that would then have to follow the state law, but it allow for those instances of the that the or I mean the statute does not cover um for uh abandoned property which has not dis not um claimed and has been found by the police department. So, if this uh um if there's any question, I'd be happy to answer it. But it it will hopefully allow in those it's a rare circumstance, but some circumstances do allow for um the property to be cover recovered by the police. The police follow the statute in the event no one claims it, they can then petition the circuit court for use of the property in accordance with law enforcement purposes as it would be like with a seizure. So, that's what the intent and the ordinance does. Is there a motion to approve item six on the agenda?

I'll make that motion, mayor. We have a motion by Alderman Payne. Is there a second? A second. Second. Alderman Jerome. Any any discussion? Hearing none. Roll call. Alman Payne, yes. Alderman Lewis, yes. Alman Hoots, yes. Alderman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores. Yes, [clears throat] that motion carries. Just a formality on item five, we actually need a roll on back up to five. We need a roll a roll call vote on that resolution. So roll call for back to five previous. We need a roll call vote. Alderman Payne, yes. Alman Lewis,

yes. Alman Hoots, no. Alderman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Arman Flores. Yes. Okay, that motion does carry. All right, both of those motions carry. Next on the agenda is a South Police Department grant. Yeah, this uh grant from the MX Foundation um it authorizes the donation to the city and 1,850,000. It's used for the police department um for police department needs is set forth in the grant. Um so tonight need the ratification authorization for the grant for the police department in the amount of $1,850,000.

So moved. We have a motion Flores, second by Alderman Gallagher. Is there any discussion? Nick, uh item six in that contract you said about the uh confidential information. You said that's all been satisfied. Yeah, that's there is no confidential information for this. Um it's all and I mean most of the contracts you sign have that information in or clause that say that or not signed but approved. It doesn't apply to the city in this instance because it's basically it's going to be a public record. Um and so it'll be um in the city's minutes uh as part of the grant and um no no restrictions on that. Right now it's obvious anyways public right correct. [clears throat]

Any other discussion on item seven hearing? None. Roll call. Alderman Payne. Yes. Alman Lewis. Yes. Alman Hoots, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Flores, yes. Alman Wheeler, yes. That motion carries. Next on the agenda are Springfest agreements.

Yeah, these agreements just for the annual Springfest that have been approved in the past. It's one's for the um PBJ, Happy Show, Happy Day Shows, Inc. And the other one's also for Wildcat Cheer. Um PBJ is the entity that runs or that actually provides the rise and the carnival itself and the uh booths. And then the Wildcats here helps with the vending services. Um the contracts have been um revised for this year. Um so tonight need authorization for both of those contracts be signed. Mr. Mayor, I'll make that motion. We have a motion on eight by alderman Payne. Is there a second? Second. Second byman Flores or any any discussion? Hearing none. Roll call.

Alderman Payne. Yes. Alderman Lewis, yes. Alderman Hoot, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes. That motion carries. Next on the agenda are agreements in our for our utilities department. These agreements are just for the purchase of a printer and the maintenance of a printer. Um the cost is $2,647.50. Need authorization for Ray Humphrey to sign these agreements. So move. Second. [clears throat] We have a motion Payne. Second by Alderman Jerome. Is there any discussion? Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes. Alderman Hoots, yes. Alman Jerome, yes. Alman Gallagher, yes. Alderman Wheeler, yes. Alman Flores,

yes. That motion carries. Next on the agenda, uh, or is a task order for quality landscape? This, uh, task order is part of the quality landscape. They have a master contract that was previously approved last year. And each entity or each uh certain task requires a task order. Um this task order is the amount of $8,26848. And it's for the planning or seasonal planning of the flowers at city hall, the library, SPD, Northwest Drive, I55, and the Main Street medians along with the lights at Main Street and Get Well, I mean Main Street and um yeah, I'm sorry, Main Street and Gwell, the entrance signs. Uh so tonight need authorization to approve the task order which is in accordance with our master contract which is previously approved by the board um for quality landscaping. So move

second. We have a motion Gallagher second Wheeler. Is there any discussion? Hearing none. All in favor say I. I. Any oppose say no. Eyes have it. Motion carries. Next on the agenda is approval to advertise for bids. This would just be authorization to bid for the um wood fence and new fence at the silo square. Um so it's over the $75,000. So it has to have the approval from the board to go to bid under our purchase policy and state law. So moves second. We have a motion Flores, second Wheeler. You're talking about Snowden Park, not

I'm sorry, Snowden Park. Snowden Park. Yeah, Snowden Park. Not it's across the street from Silo Square. I'm sorry. Snowden Park. My bad. I apologize. We're not doing it silo. Don't I promise we're doing it Snowden. Sorry. [laughter] That that matters. Yeah, exactly. That's what I'm saying. 100% matters. I apologize. That was Okay. Any other discussion? Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes. Alman Hoots, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes.

That motion carries. Next on the agenda is uh engineering work authorization. Yeah, this work authorization for Civil Link will just allow them to or authorize them to engineer and oversee the improvements and um construction and um I guess the bidding of the relocation of a existing fuel tank um at uh the Snowden or at the police station um in that in the Snowden uh or not the police station but the fuel tank um from the um Snowden Park area and it's the task order is in the amount of $98,000 and is in accordance with their master contract cont as well that we have on file that was approved by the board previously. Move.

Second.

We have a motion by Alderman Hoots, second by Alderman Payne. And just to add to the discussion, so when we sold the police east precinct, the fuel pumps were in the back of that facility. So we got to we don't own that property. We got to get those off that property. So, the ideal place to do it is just to move it to our new uh park shop area on Freeman Lane, and we're going to move it to the front because u the parks vehicles are not the only ones that are fueled there. Other city vehicles on that uh side of town use that pump. So, it's important to to move it into a location that's still, you know, geographically located in a convenient place and also towards the front of the street where it's easy access. So, where it will actually go is right at the entrance off Freeman Lane into the park shop. There'll just be a like a cut the corner right there where fuel trucks can um have a way to get in, get out easily. And so that's that's where it will be. And then the task order is just to design that. The actual cost of doing that will uh that's scheduled to be budgeted for the next budget year. So, we'll we'll coordinate that to um you know, be in compliance with our budget. Any other discussion on 12ear? None. All in favor say I.

I. Any oppose say no. Eyes have it. Motion carries. Next on the agenda is the police departmentou with transaction record an analysis center.

Yeah. Thisou [clears throat] will just establishes the SPD's participation in the transaction record analysis center. allows the SPD to use the track financial transaction. It's strictly just for authorized law enforcement purposes. Um it'll follow the track data policy dated um which is last year. Um and it was just basically for data collection reuse retention policies along with any confidentiality provisions that will allow for the security protocols for that track data. Um so tonight need authorization for either Chief Kern or one of his designineses to be able to participate in this program strictly for law enforcement purposes. So move second.

We have a motion Gallagher. Second by Alderman Wheeler. Is there any discussion? Hearing none. Roll call. Alman Payne. Yes. Alman Lewis. Yes. Alman Hoots. Yes. Alman Jerome. Yes. Alman Gallagher. Yes. Alman Wheeler. Yes. Alderman Flores. Yes, that motion carries. Next on the agenda is a police department purchase of vehicles. Yeah, this state contract. Oh, sorry. This will authorize purchase vehicles from the state contract um as presented. The total amount is $538,656 and it is um for 13 Dodge Durango. So moved. Second.

We have a motion BM Flores, second by Alderman Jerome. Is there any discussion? Hearing none. All in favor say I. I. Any oppose say no. Eyes have it. Motion carries. Next on the agenda is authorization of engagement for the FY25 continuing disclosure. As part of the bonds that have been issued, this will authorize Butler Snow to work with Caleb Flowers on the FY25 continuing disclosure um as required by the SEC. Same contract, the same thing that's been done in the past. And um so we need authorization for final to do the disclosure and to engage with the disclosure um as required by the securities and exchange commission. So move second.

We have a motion by alderman hoot second by alderman Payne. Is there any discussion? Hearing none. All in favor say I. I. Any oppose say no.

Eyes have it. Motion carries. Next we um we don't have a planning agenda, right, Whitney? Nothing on the planning agenda. Next on our agenda is mayor's report. So first item to discuss mayor's report and update. Y'all know that uh in 2022 uh the city's tourism tax uh restaurant tax was extended for four years. So that is set to expire uh this year. So u the legislature will need to approve an extended repeal date. In order to do that, they have to have a resolution from the city um requesting that. So I'm asking for a motion for that res uh for that resolution. So moved. Second. We have a motion by Alman Flores, second by Alderman Wheeler. Is any any discussion?

Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes. Alman, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes. [clears throat]

That motion carries. last board meeting, uh, this board approved, uh, two documents for contributions from M MZXT Tech, uh, that will help with a Stateline Road project and also a a police donation. So, tonight, uh, there's been a request that um that I sign their documents instead of the documents we provided. Uh, Nick has reviewed those, has no concerns with those, but as a formality, I need your authorization to sign these new documents. Second. We have a motion by Alderman Flores, second by Alderman Wheeler. Is there any discussion? Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes.

Alman Hoop, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. [clears throat] Alman Flores, yes.

That motion carries. Next on the agenda is just uh y'all know at the last meeting we had a lot of discussion about the new XAI project and concerns that are out there. One of which uh was the noise issue. So I just want to update the public and everyone that as I've stated from day one uh I've been in discussions with their group about um you know the ordinances of the city and uh again before this development ever came here. Uh we asked these questions and made sure they understood that the ordinances of our city would be filed and uh one of those is a no noise ordinance. As I mentioned, uh we had a a credible gentleman that came forward and expressed concern about the noise and uh and as I told him, I hear you. I agree with you. Uh I've agreed with him before he ever before I ever met or heard from him because um I was aware of that that it was not uh progressing as it should. And so I brought that to their attention. As I mentioned last time, there have been many steps that have have happened to um to control that noise to bring it down to um the proper level and um been some time that's passed. Uh but several solutions have been uh implemented and that is an ongoing thing. But the report tonight is uh we we did uh meet back on site today and um talked about detailed plans and the noise level has been reduced and so uh our citizens will soon see that that level has been significantly reduced. That is an ongoing that's today is not the end of the discussion. That is an ongoing understanding. There will be um there will be meters placed at strategic locations to monitor the decibel readings and that information will [snorts] be provided uh by [clears throat] the city on a routine basis so we can have an ongoing uh policing of that issue. So that's the report tonight. Um the last thing I have tonight is just weather preparation. Um this time of year, you know, occasionally we have that uh that dirty forecast, you know, that looks ugly and

it looks ugly for this uh for this weekend. So, just to reassure everybody that um we're not sitting around waiting to see the first snowflake um or a first piece of ice drop. Our team is ready. Uh we've discussed that we have a plan ready. So, we will be prepared for that. Uh with that being said, I'll remind everybody that this is not Buffalo. Uh we don't go out and um plan for things that where we have uh frequent snowstorms like this. So it doesn't make any financial sense that you would go out and spend all this money for an event that happens once every three or four years. Uh so but still we are we have adequate adequate resources in place to address this and and we will be doing that. But I just encourage everybody looks like the the worst part of it is going to start hitting uh on Friday night. So hopefully it'll be a weekend thing so more people can stay off the roads. But again I encourage all citizens to use good judgment. if you don't have to take a chance and risk uh risk danger to yourself, you know, stay warm and stay home. So, that's my uh my recommendation and my uh my ask. That's all I have tonight on the mayor's uh report. We have a citizen that has requested to speak uh Miss Gracela Fthorne.

Before we go on, you said you had a meeting with them. I wanted to ask you, I'm getting a lot of calls about the trees, the clear cutting they're doing over about done cutting trees or they're going to come, you know, it's getting closer to the railroad track. You can see through it, right? purpose of the trees coming down is so they can build the burm. So we we've talked about that you you can't build a burm if the trees are in the way. So if you'll look at the path that's been cut, that's the path that the burm will follow. So when the burm is built, it will be built at a height that is um again scientifically uh designed to have an impact on controlling noise. So that's the trees that you're down. That's what that's for. Thank you. Good question and thank you for that. Okay. Um we'll move on. Miss Graciella Fickthornne, if you will. You have the floor. Good evening.

Good evening. Hello.

The only reason I just came, of course, I've tried couple of times before. However, I have a question because I live on Jacob Lane and behind me there is a subdivision that was built by Mr. of Brian Hill put a fence up, built the road toward the dirt, you know, p I just came to ask how far the his property come. Well, they told me I had to go and get a request. I got a request and they said, "Well, we you need to go get a surveyor for your property." And I thought, why don't they have the plans where he bought the property? How far his property went when he built that subdivision? And the fence is falling. My neighbor, she spent the money to fix it. I will not. My on my side is not as bad as hers. And then uh they said, "Oh, the HOA is going to fix which HOA, not ours." Actually, I met at the HOA system. Anyway, however, this is really ridiculous. This has been 15 years in the going. Mr. Hill said he was going to put the trees, which is a lie. He they tried, but that was not there's nothing. Okay. Nothing has been growing because I understood from somebody that if it's not in the plan, he wasn't even obligated to do it. And he put him in, but they died. So that's not my gripe. My gripe is I want to know how far his property went and where is that fence.

Well, Whitney, I mean that's a survey will determine that. So it turn I'm not going to understand. Okay. But that's what I was told. I know. I heard what you said. So what she's saying is when the and it correct me if I'm not quoting you right, but what you asked me I'm listening to you. She's asking when it was developed there was a survey. So, why is she having to go out and get another survey? Isn't there a survey on our records that would show where each property line ends and begins? This is the first time I don't know who she's been speaking to. This is the first time he can we provide that to her?

Uh, let me tell you what I received from the one of the employees. Um, sorry. Uh, we have a new computer system in 2004 and your house was built in 2000, so I guess it's not there. Who Who is saying that? Um the building department we don't carry people's individual res. So so why do we have computers and not use them we have the survey of his overall piece of property but we don't carry every individual lot surveys. That's something that comes with their date of record.

But I think what she's asking is when we approved the development there was a survey done. Can we not give that to her 100%. This is the first time I'm hearing about it. We can give that to her. Yeah, the answer is yes. I talked to somebody else in your office, I guess. Well, it sounds like you talked to building department, but I mean I can get No, no. I came to your I came to the planning department first to ask Sammy to get a request from whatever office that is.

But that's okay. I'm not going to I'm not going I'm not going to spend too much time here. I'm a little upset about the whole thing anyway. And the fact is, well, I'm upset about the HOAs anyway because you know what? The HOA is ruining a lot of things. Not the HOA, I mean some of the things the way they happen around the all the water that is draining in our ponds and we have to pay for this and we got to pay for that. That is I never lived in a place like this. Okay. So, it makes it a little bit stressful. Are you talking about your HOA? Yeah. Well, my HOA any HOA. Yeah. You just

because because you see the water that is running from Gabwell and not Good Gwell, but the subdivision Roseberry and whatever that pond is ruining the yards on the on the on the pond that's across Jacob Lane and the other places there. It's it's a mess. And then we have to pay for surveyor for for lakes. I mean, I'm leaving because I cannot take this. Okay, I appreciate you listening, but like I said, I feel like I should have the option to understanding if the HOA and their size should supposed to fix it, why aren't they doing it?

Well, I mean, I'm not I understand. No, but the point I don't represent I understand. However, I live this has been 15 years and nobody ever told me that that the HOA over there is supposed to fix the fence because it's their fence. It's not ours. Yeah, I think that's should be something easy to verify, shouldn't it, Nick? Just look at the look at the covenants for the HOA and see what But it's not my HOA. The other HOA covenants would be federal record is filed with the chancellor clerk's office. So, we can look at that. Mr. Brian, he'll put that fence up because he built kind of a wall and then he put the fence up.

Well, it would still govern HOA covenants because the HOA has been assumed by the land owners or the property owners because they may have an obligation to fix the Okay. But that is back on my property and this is why I don't understand. I didn't know all this. I came and find out just last year. Yeah, I don't know either because I haven't seen it, but I can we can look into it. But it's just like any other HOA. I don't know. You all have a great day because I'll tell you what, this is a little bit over the top for me. Well, I'm sorry you've experienced that, but we what we can do is

but this is not just it. This is nothing in comparison. I'm upset about the HOAs because you don't understand Pioneers has five different groups. one group pays the uh pays the bills and then we have to pay for other things that I believe the state and the city should pay for it. Why do we need to pay for it? Beside we have good enforcement if anything goes bad. I don't get it. Well, I I I won't attempt to I because I I don't have the answers to that because I don't again I don't the HOAs are not something that you know they they have um and Nick can say it better than I can but HOAs have rights to do things.

What right does a builder to have to make an HOA and homeowner association? Why that's why I don't understand they they buy property and if it's long as it is compliant with zoning laws they have the legal right to build homes there. I mean, there's they have a legal right to build a home, but not to make an a homeowner association. No, they have the right to make an HOA. But this is not really something. I mean, just respect. I understand that's not the most important thing except I don't like it and I have to leave it. Thank you. But we will get you that. Whitney, make sure that she has the survey, please. Okay. Thank you. Okay. We'll move on. Next on the agenda is our personnel docket.

Mr. Mr. Mayor, I move we approve the personnel documents presented on this date. [snorts] Second. We have a motion by Alderman Payne, second by Alderman Gallagher. Is there any discussion? Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes. Alman who? Yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes. That motion carries. Next on the agenda is our city attorney's legal update. Everything was on the agenda. Okay, moving on. Next is our utilities billing leak adjustment docket. Mr. Mayor, move we approve the utility bill leak adjustment docket as presented. I'll second.

We have a motion by Alderman Payne, second by Alderman Jerome. Is there any discussion? Hearing none. Roll call. Alman Payne, yes. Alman Lewis, yes. Alderman Hoots, yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes. And that motion carries. Next on our agenda are claims dockets. Or is it one claims docket? Sorry, it's just one. Mr. Mayor, I move we approve the claims docket in the amount of $6,332,720.93 including demand checks. Second. We have a motion by Alderman Payne, second by Alderman Flores. Is there any discussion? Hearing none. Roll call. Alderman Payne? Yes.

Alderman Lewis? Yes. Alderman Hoops? Yes. Alman Jerome, yes. Alman Gallagher, yes. Alman Wheeler, yes. Alman Flores, yes. That motion carries. Next on our agenda is uh the purpose of determining the need for executive session. So move. Second. We have a motion by Alderman Gallagher, second by Alderman Wheeler. All in favor say I. I. All oppose say no. Eyes have it. Motion carries there. And the needs uh this evening are the uh sale purchase or leasing of city property, police department personnel and economic development in the city and personnel with no action. So is there now a motion to declare executive session?

So move second. We have a motion Jerome second Wheeler. All in favor say I. Any oppose say no. Eyes have it. Motion carries. The mayor and board will now enter executive session.