Mayor and Board of Aldermen - Regular Meeting

Welcome everyone. 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 and we thank you for this time of year. Lord, a time where we get to celebrate Jesus and his birth. Lord, I pray that we would remember the the true meaning of Christmas through this season and into the new year. Lord, bless our city. In your name we pray. Amen.

Amen. I pledge allegiance to the flag to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

First on the agenda this evening is the approval of minutes for the December 2nd, 2025 meeting. So move. Second. We have a motion by Alderman Hoots and then a second by Alderman Jerome. Is there any discussion hearing? None. Roll call. Yes. H. Yes. Yes. Yes. Yes. Yes. That motion carries. Next on our agenda, we tabled two prior discussions about uh the medical cannabis ordinance. So, just want to give the board of alter an opportunity if there's any action to be taken. Uh, let's let that happen now. If not, then we'll move on to the next next item.

I'd like to make the motion to move it to uh the 6th of Janu January. M just table it again. Leave it unt. Yes, but leave it on the agenda for the sixth. Okay. We have for the six and that's it. Okay. We have a motion by Alderman Jerome to move item five to the January 6 board meeting. Is there a second? Second. Got a second by Alderman Hoots. Is there any discussion? Hearing none. Roll call. Yes. H. Yes. Yes. Yes. Yes.

No. Okay. And that motion carries. Uh, so item number six on the agenda tonight is South Police Department contracts. City Attorney, Mr. Nick Manley. Uh, yes, Mayor and Board. There are three contracts tonight for approval. We can approve them all at one time, and I can just give an overview of each one. Uh, the first contract, just an amendment with our um SPD flock contract. It provides additional support for the Intel unit. um authorizes AI powered software to use for certain um activities for our uh intel unit for SPD. It's um $20,000 for three years. Um the software will be ancillary to the actual services provided. Um second item is the um proposal agreement with Colo. This is a three-year contract um for 15,910 per year and it allows for narcotics um to use for certain situations that they may have um for better communications and investigations. And the last contract is Norton data processing amendment. And this is just a program designed for the filing system and the resource uh sharing within the unit to help um with ethical cases and ethical um reviews. Uh it's artificial intelligence system. Um it's just a it's only a $600 a year contract, but it will be helpful in the data processing um from an AI perspective for ethics and or um additional case management as well. So tonight need authorization for all three of these contracts and um Chief Kern can sign all three or his designate.

So move second. We have a motion Gallagher, second by Alderman Wheeler. Is there any discussion hearing? None. Roll call. Yes. Yes. Yes. Yes. Yes. Yes. That motion carries. Next on the agenda is public works sent us agreement. Yeah. This agreement uh for public works is just the agreement for the uniform um employee for the employees. It is on state contract. U so it is compliant with Mississippi law. So tonight I need authorization for signature of the CentOS contract as presented on state contract. So

move second. We have a motion Hoots, 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 on our agenda [clears throat] is a resolution for the purchase of vehicles for our police department.

This is similar to the resolutions we've approved in the past for purchase from the Missouri Highway Patrol. This is actually a purchase from the Kansas Highway Patrol. Um it's three vehicles amount of $112,825. Um they uh there was a substitute for one of the vehicles late on Friday, so it is their new exhibit tonight, but it still is three three vehicles that are being purchased um from the Kansas Highway, yeah, the Kansas Highway Patrol that need authorization tonight as presented. We make a motion. I'll second. We have a motion Payne, second by Alderman Jerome. Is there any discussion? Hearing [clears throat] none. Roll call, please. Yes. Yes. Yes. [clears throat]

Yes. That motion carries. Next on our agenda, our resolutions for soul source purchases in our utilities department.

Yeah, there's two of these as well as nine for soul source purchases. The first and they can be approved at the same time, but they're the first is for the Badger meters. Um [clears throat] the AMR system for the city uses Badger meter. Uh it's proprietary to the city city's meter reading system. Um and central pipe supplies the only source that sells the Badger meters. Uh second one is for Barnes pumps and this was we previously went to bid for um pumps and Barnes was the low bid um for and so our grinder systems the city's grinder systems that um are used the pumps can only use Barnes pump and Barnes pump uh is only sold by J.R. Stewart. So tonight the authorization to sign these resolutions for the sole source for both of these items.

So move second. We have a motion alderman hoot. Second by alderman Payne. Is there any discussion? Hearing none. Roll call. Alderman. Yes. Yes. Yes. Yes. [clears throat] Yes. Yes. That motion carries. Next on our agenda are the award of two bids uh for John's Creek box cover replacement and utilities uh mounted truck.

These also mean at the same time. The John's Creek box cover replacement lowest and best bid um was from Inscore [clears throat] LLC in the amount of 1,427,168. Um and then for the um Jeder truck for the utilities department, the lowest and best bid is uh from um vacuum truck service LLC in the amount of $219,865. So need authorization to award both bids lowest and best bid and authorize any contracts or documents to be signed based on the bids. So moved. Second. We have a motion Payne, second Hoots. Is there any discussion hearing? None. Roll call.

Yes. Yes. Yes. Yes. That motion carries. Next on the agenda are resolutions for the removal of buildings pursuant to Mississippi Code 211911.

Uh yes sir. Yes sir. As you stated, um the agenda items we have, um for proposed removal, uh pursuant to Mississippi code 21911, uh two of them, 7515 Highway 51 and 938 Main Street. Um you'll probably better know them as the Highway Baptist uh church site at the northwest corner of Doorchester and Highway 51. And uh the other building is over here on Main Street on the north side, previously known as Checkers. I believe they've closed since then. Um, so I have the fire marshall as well as the building official here that um can provide documentation and um opinions based on the conditions of the uh buildings. It is recommended by police I mean uh building fire and code enforcement um to go through the condemnation procedures for the removal of the buildings. So that's what we're here to discuss tonight. I know that we have some people involved [clears throat] with the properties in the audience. So now is the time if anyone would like to speak. We um both of these topics are have been heavily discussed in the past. Uh been there's been tremendous discussion. One of them lasting over you know 8 to 10 years. So this is not anything that happened overnight. This is something that uh the city has been facing for a very long time. And so, as I've told uh some of the people already before we got to this meeting, that the time is up. I mean, we we've been as deliberate as we possibly can. Uh I would say no city I can tell you that speaking on my own personal behalf and I I think I speak for the board members as well, nobody wants to be involved in the condemnation process. We we we we have so many good things going on in our city. We don't want to be a part of this, but we have to address blighted property. And I'll just say this, blighted property uh goes beyond your property borders. When you have a blighted piece of property, it impacts the entire city. It starts affecting, you know, the values of the

other surrounding properties. It affects economic opportunities for the city, which can benefit every person that lives in the city. So, we're in a situation where we've waited, we've been deliberate purposely. We've basically brought these discussions up publicly multiple times in the last three or four years. uh basically pleading for anybody that was affiliated with these organizations to come forward to help uh the current people involved in this and and to make change for the better and and that has just simply not happened. And so unfortunately we're at the situation where we have dangerous buildings. Uh these buildings uh have photos if we want to pass those around. The buildings are uh are are dangerous at this point and that's why we're requesting condemnation for those. But if anyone wants to speak, u Whitney, if you'll allow them to come forward.

Uh so first, um we have an A and B. So if we could just start with 7515 Highway 51, uh which is going to be your Highway Baptist. Um I do believe there's some people in the audience who want to get up and speak. Uh I will tell you there are three buildings on the site, a gymnasium, a classroom area, and a sanctuary. Um what you'll see up there is the documentation provided by the building department on his structural analysis. Uh James Gendry, our chief building official, is in the audience too that can provide any answers you may have afterwards. So I'll just step aside and see if somebody wants to speak.

I am aware that you're focusing on me and I am sorry for uh Can you introduce yourself, please? I'm Cynthia Thompson St. John. Okay.

Uh I can back up. I'm Cynthia Miner Thompson St. John. Okay. I've been at Highway Baptist since I was 8 years old. Um the word love wouldn't even begin to start with what's going on with me. Um this is not okay. It is not acceptable. Um, I have been left with the um burden and the zeal and the job of carrying on and getting help where I could find it to make sure that things were taken care of. I have shared with the mayor and a few of his staff members that I didn't make an appointment with. Um the plans that people have given me and promises that they have given me to help me uh repair and rebuild where needed. Um, I also believe and several of you do too. Um, in Almighty God and his power and his direction. Uh, I was there when the building were built. Um, I was there during I mean I've been there over 50 years, okay? And I've been headmaster.

Uh, I am ordained in the ministry. I don't want to be the pastor, but I'm the worship leader at this point because we were waiting on um funds to uh complete the structure renovations before we hire somebody to come in because it's not fair for a new pastor to come in and accept these kinds of responsibilities. Um, then I get noticed from the city that we're tired of working with you. We're tired of looking at you and we want to draw lines and we want to draw plans. Well, see, I'm just going to tell you how I feel, okay? I know the conditions. I know what's been said. And I know the ins and outs more than anybody, even the inspectors, okay? I was there when people were saved, baptized. I was there for the uh [clears throat] murals that are painted on the walls by the artist. There are 27 walls that are covered with murals of history uh from the United States from the Bible and um I've got a great uncle who painted the Baptistry wall before the buildings were ever open. He was an artist. He's in heaven along with my dad and brother. The uh I found out earlier that I would be able to uh go in and collect my personal items and uh take care of the things that need to be taken care of inside. And I appreciate that. But let me just make a statement that I believe that God

keeps his promises. I believe his promises are true. And I don't want to be or sound and I'm going to sound very rebellious, but I'm going to have to say it. I believe that God will make a way with things that you can't see because you're not in my shoes and you haven't looked my life. You didn't receive the promises that I received and no one stepped up because God had already chosen me. God had already given me the funds and promises to take care of it and he has provided the means. His thing is timing and he wants to be impressive just like he was in the Bible where he talks about where Pharaoh came after Moses. They were brothers. They were reared as brothers. And Pharaoh had the army. He had the spears. He had all of the horsemen. He had everything he needed to run over Moses and his weak little Hebrew children. But God made a way. And when he was faced with the river with no ship and no way out. All he was asked to do was raise the stick and God made the way. And I am going to share with you that God is going to make a way. And I believe it. I don't know how. I don't know when, but I know he will make a way. I do thank you for your time and respect. Thank you, Cynthia. And Cynthia and I, like she alluded to, have spoken about this and um I admire, as I told her, I admire her

faithfulness and her mission, but this is something that clearly, you know, she's been left with a um you know, a a church that was vibrant at one time and uh she's been left with a situation that's too big for her to handle. And and I would also just certainly not gonna attempt to be anyone's spiritual adviser, but I would say this that from my what I know from my own experience, uh God speaks to us in different ways. And sometimes he's telling us that it's time for a for a change. The church is bigger than a building. And uh a building that is full of black mold and uh rotten wood uh that's dangerous for a congregation to go into. I think it's pretty clear that God's saying that that's not the place that is going to be um you know the house for his purposes. So we're not talking about ending a church here. That's let's let's all let's keep everything in perspective. Uh we're not talking about ending a church. We uh have great respect for the history of Highway Baptist Church and Academy. Uh there are many people I grew up in the neighborhood right behind there. Uh had friends that uh went to school at Highway Baptist Academy that went to church there. uh was a a a great church in our community, been a great part of South Haven's history, but that building in the in its current condition. That's not Highway Baptist Church anymore. That is a building that uh is in a a blighted condition that is dangerous and uh and we just we're out of time. And again, I think that u God speaks to us in different ways and I think he's telling us that it's time to time to do something different here. Would you like to speak, sir?

Yes, sir. I would. That's a very important thing, Mr. Mayor. Yes, sir. My name is Mike St. John. I'm a trustee at church. I had a crew of men, five men at that church working on the roof, working on the woodwork. And our code enforcement officer, and I ain't calling them names, but he told us to get off the building. We trying to put a roof on it and do some woodwork. If we didn't get off the building, we'd be put in jail. That happened. That seriously happened. Now, how are we supposed to do anything if we cannot access the building? That's just sir, and we're not just want to make sure you understand something.

We're not going to we're not going to be arguing in a public meeting tonight, but that is not correct. That did not happen. And so that that's not true. There's uh we've been trying for 10, excuse me, we've been trying for 10 years. I've been involved in this and I told Cynthia about this today. When those people that were out there doing their job, that's under my directive. They're enforcing the laws of the city. And so I've been involved in this personally for eight eight to 10 years. I know that we've done nothing but ask for the church to take care of the property. We didn't want we knew this day was coming. We didn't want this day to come. And we've been begging for someone to take care of the property for 10 years. And I'm not saying that you're, as I mentioned a few minutes ago, I believe Cynthia's heart is is is pure as gold. That she's has great intentions and I'm sure you've been a big part of that as well. Bottom line is that the work has not been done. We've been asking for 10 years for it to be done. Can't even get the grass cut.

It's been cut. It has been cut. No. No, sir. We We You've cut the grass, but after we've pleaded with you over and over, there's a list of code enforcement violations that are longer uh than the top of this desk right here. We've been asking for you to take care of the property and you've not done that. Okay. you have cut the grass after we've taken you to court over and over and over and over and then but the the issue now it's gone to a different uh level of severity. Now we're not talking about grass anymore. We're talking about a building that is actually falling in. You have part of the building that is actually falling in. The old Sunday school is actually falling in. I have the photos if you'd like to see them. You know it because you've been out there. I'm there every Sunday.

So we're not going to come into this room and say things that aren't true. I I was out. I looked at it again. Excuse me. I looked at it again today. The building is falling in. You have black mold in all the buildings. And you bottom line is the buildings are dangerous and and they it's we're to a different stage of this process. Yes, sir. I agree. I agree with you 100%. But as I said, I had men on the roof and our code enforcement officer told us to get off the roof or they going to put me in jail. Uh you got no record. Why in the world would anybody Why would a code enforcement why would the city have any motivations the the very thing that we're asking the property owner to do to take care of the property? Why in the world would we stop them from trying to because we wasn't licensed contractors to be on top of that roof?

Well, now that's a different that's a different That's what I was told. Okay. Well, then there's your there's your answer. You just answered your own question. If a Mr. President, I'm not sure I'd argue with you, but if a shingle blows off your house, you going to call a contractor to put a shingle on your house or you going to get up and put it on yourself? I I think we're being extreme here. I think that no one I wasn't at the time, sir. This has been two years ago this happened. Yeah. Well, what's been done since then? Kept the grass cut. Is the building the building is is in a state of disregard? We was told to stay out of the we couldn't enter the building.

Well, we're not like I said, we're we're going to keep this just to the facts here. And and I know you don't agree. I know Cynthia doesn't agree, but the city has been very deliberate, very fair. Our people have have pleaded with have pleaded with the church to take care of this property. It is in a state of disrepair now that is impacting the entire city or at least the properties in that area. And so it's time for us to move forward. We're out of time. It's time for us to move forward. As I said, I can assure you there's a lot of great things going on this [cough] city. Do I want to be having this discussion with you? This is the last thing in the world I'd like to be talking to you. But I have to do my job because I swore to uphold the laws of the state of Mississippi, the country, and our city. And I have to I have to execute the laws of this city as the as the head executive of South Haven. And we and I'm doing that. And and I've pleaded with you. My team can tell you. We've talked about this for years and years. Uh I've prayed about this. I I did not want to be having this discussion with you tonight, but the time is up. The time is up.

Can we start working on the week after Christmas? Can we Can we Sir, we've been asking you for 10 years to work on this bill. You sir, can we No, sir. This board is going to make a decision tonight, but I think any reasonable person when you've been when we've been asking you for 10 years to do something about this and you failed to do it. Why do we think that tomorrow is going to be any different? That's not no reasonable person would believe that. So, you're calling me a liar and I'm not calling you anything. In fact, we're going to end this discussion. I'm telling you that you've had opportunities to for us not to be at this meeting tonight talking. I'm trying to keep that church from being condemned and tore down. It's what I'm trying to do. and I'm trying to make repairs now. Yeah.

That's all I want to do is have just give me a little time to do some repairs and not run me off the building when I'm

We've heard this for 10 years. So, the board, like I said, if they if they decide not to condemn it, but we've uh I I've got people in this room that can tell you uh we've had these discussions for at least 10 years trying to get you to do what you say you're going to do now. And so, I don't think there's any reasonable person that would believe that that's about to happen. Not because you don't want to, but you've proven that you don't have the ability to do it. So, the other thing and just for the board and everybody, we did Cynthia and I did talk about this. Um, if there's somehow there was some misunderstanding that you couldn't go in the building, we checked with the court. There's no we we we talked to the court today. There is no um there's no pending order that prevents you from going into the building. Now, I will say and I can show the pictures. I don't know how you can get in the building because of the condition it's in, but you do have the opportunity to go in the buildings, preserve anything that's uh of special, you know, history and meaning. So, the city is going to be extremely cooperative with that for you to allow to get the stuff out of the buildings that you that you choose to get out.

Okay. Thank you, sir. Yes, sir. Mayor, I've got some questions and I don't I'm not sure, but you you might can answer them or somebody else. I know quite a bit about this. Uh is there an active congregation, an active church service? Uh any kind of active uh [snorts] worshiping that happens in the building? What what's the status of Highway Baptist Church? That's the pictures of the inside. That that will answer your question. Is there an active congregation that not in the building that meets somewhere at all? We have our services in the parking lot beside the building. three times a week just like always outside

outside because he told me until I made Do you have do you get is there tithing can I ask how many members are in your congregations? I have 30 members and I have to Yeah. What what's not being expressed is the threats that were made that they would put the members in jail. They did put me in jail for three days. That's not That's not why you went to jail. You went to jail for contempt of court.

They call it contempt, but I was there. I was willing to do that. You can only do what you have money to do at the time. And they wanted everything done in one week by Wednesday. it. That's just simply no. No one with the city threatened to put anyone in jail for They did. No, ma'am. They did not. They did. No, we're not gonna let this meeting get ridiculous. Tim, would you come forward, Tim, please? Tim is our um fire marshal. And James, would you come as well, please, sir? James Gentry is our chief building official.

Sure. Sure. And Tim, would you would you answer just in general the amount of years that you've been working on this? Some of the things that you trans that have transpired during your efforts to keep the building your job is to keep building safe in this city. Yes, sir. And so in your efforts to keep the building safe, talk to us a little bit about that.

Uh I started with the fire marshall's office in 2007. Uh, I believe Jud Kilibru, one of our retired, started going over there. Um, trying to do inspections. Uh, pretty much kept getting excuses after excuses. Oh, well, we've got a meeting and we need to go here and all this. Wouldn't let him in. um 2012 I believe it was I sent a organization over there that was willing to help [clears throat] with fixing the roof and all this man called me back told me that the lady that ran it had told him to leave that she had someone else that was going to be fixing on the church. Um,

has the roof been redone since then?

Not that I'm aware of. Uh, 2023, James and I went over and toured the church, the gymnasium, and the school. Uh, pretty much 45 50% of the school building. The roof has collapsed in. We weren't even able to get into the building. We had to more or less walk around and look through the windows. The gymnasium was pretty much full of anything and everything you could think of. It almost looked like a trash dump in there. Uh whenever we went into the church, we were able to take some pictures. There was water damage, mold, uh ceiling tiles falling out. Uh at which time we were asked to [clears throat] leave that they had a church service about to start that evening. Um on exact date 418 of 23 I did issue both as an unsafe building and turned it over for abatement. That was in 2023. And then James, um, you know, your job again, obviously Tim on the fire side and fire safety side, but your your job is to oversee structures in our city, make sure that buildings are built and and and then obviously um maintained to a safe level

in the city. So is your what is your assessment of the buildings at how at the Baptist property? It's a unsafe condition right now uh for numerous reasons. Um, I mean, based on what we could see, uh, there's a lot of water damage. Uh, there's some structural damage. To what degree, we wouldn't know without, you know, getting the engineers in there and looking at it. But, um, but certainly the health hazards are obvious with the what looks like mold from all the water pouring in over years. Board members, do y'all have any questions for Tim or James?

What do you think it would cost to repair the sanctuary to get it? I I don't really know how to put a price to it. Hundreds of thousands of dollars probably. Um I would anticipate the entire roof would have to come off and be replaced. And then I I don't know on the structure how much damage has occurred since the last time we've been in there because it's been open for a long time.

And you have pictures in front of you. Part of there's one photo in there of the roof rafters. You can see that you have it's we're not talking about just shingles and roof decking. You have actual rafters of the roof that are rotten because they they've had so much water there with, you know, with no attention to it for so many years. So that's when you start having raptors of a roof that are rotten, you you start talking about a building collapse. So a long way to answer Alderman Payne's question. Again, we're not talking about stopping a church here. We're talking about a building that was once used as a church, but there are no, you can tell by looking at the photos, there's no way you could have a church service in that building. I'd just like to add my wife was the head of Service South Haven, which is an or organization that tries to help churches like that. And she went in and and had talks with y'all and y'all agreed to have some help. And then when she tried to send the help out, the help was turned away. was not turned away. They came with tennis shoes on walking water to work. They weren't dressed properly in addition, you know, they weren't dressed properly. They needed water. And it wasn't me turning away. I turned away. No one asked for a roof. No one ever speak. Nobody asked. I also didn't make y'all leave because we were having services. So, there are some I have some discrepancies on what's being said.

I'm not going to argue. Yeah. This is not again this is I know God's working and I believe we're we're we're going to we're we're trying to be fair as we have been for a very very long time. And so where we are now, the city has been extremely fair. The city the city has been more than fair. And like Ottoman and not to get into the details, but um I started serve South Haven. That was that was my program. We appointed directors. We had volunteers. Christy Faulner's in the audience. She's managed it at times as well. We have a network of people that want to volunteer and help. Again, the last thing in the world we want to do is be having a meeting like this and we did make an effort to try to help you. So, well, these pictures are 23. Yes.

Wow. So, you got two more years of, you know, you're you're a home builder. You know what uh rotting in two years? What can Yeah, there's 150 $200,000 easy. When was the last time that the sanctuary was actually used for service? Well, when they told me that they would build and that did happen. I don't care what it says. It did happen. And what year would that have been?

Any other questions for Tim and James? Thank you guys. Appreciate it. Okay. So, the the mo uh the recommendation is for uh condemnation per Mississippi code 211911. We've been talking about item A. Is there anybody regarding item B that wants to speak at 938 Main Street?

I'll be brief. Robert Bass with Phelps Dumbar and Tupelo. I represent um Checkers Drive-In Restaurants eat the tenant of this building. Um I usually have more information available. It sounds like there may have been some history. I did look at some of the photographs of this property and at least from the exterior it's, you know, it's an abandoned property. We had subleasased that property historically to a franchisee. there was an unauthorized closure in I believe 2024, maybe early 2025. And um to my knowledge, and again, this is um all relatively recent knowledge, we received a notice from our landlord in November regarding this hearing and with information that the building was structurally unsound. I have not seen any other information other than that particular notice regarding the property. I'm here on behalf of checkers to say that one, we as an organization are willing, you know, to do whatever is necessary to, you know, fix this issue temporarily. Our lease does expire in June uh I believe June 30 of 2026 at which point uh you know we will have no other interest in the property. Um at this point it does not appear there will be time for us to get a new franchisee in that store. We would anticipate that the store would remain closed um through June 2026 again when our lease expires. In the meantime though, we're willing to do whatever is necessary. We would hope because we do not own the building that we could do something short of demolishing the entire building.

We're probably going to need Tim and James to update us on that building as well. Chatton. Is that correct? Yeah. [snorts] So, we've not received other than that. It's the only written notice that we had received from him.

I'm sorry. I don't have anything other than November. They don't own the building. The franchisee backed out. I'm not sure what what you're losing. Uh you don't own the building. The franchisee backed out. What's what's Checker stake in it at this point? Who are you working on behalf of? Yeah. So, I'm working on behalf of Checkers. And because we are the tenant under the lease, we have certain obligations [clears throat] to the landlord to return this building to him in the same or substantially the same condition as we received it back in 2006. We're also responsible for uh complying with zoning, you know, zoning ordinances, other laws, rules, and regulations.

So, who would the landlord be? Who owns the building? The the landlord is actually a trust. I believe the name is the Chatten family trust. The trustees, it's my understanding, live in California.

I've been in touch with the family trust. I've had communications with the trustees in California. Um they're aware of the issue. Obviously, they had told me they had to go to the lease and the checkers would have someone here to address it. I sent the information to the trustee and I apologize. He didn't send that information to obviously their attorney, Mr. Bass, but um so we took the information that was given um from the code department, fire department, and building department um put that in uh reviewed that it was recommendation for 21911 condemnation um that was sent to the trust in California and I'm assuming they then got in touch with checkers. So to Mr. Bass point, the issue is they're the le he's basically saying lease it the le it's on them to figure this out because um I have a lease with them to do this. So I do know talking with him there is the desire to get

and checkers is the delissi. Yes. And they want to get the owner of the building does want to get in compliance um and fix he acknowledged [snorts] the issues. CP noted that that there was obviously some major issues um inside and outside the building as far as the condition. Um but I don't know if you ever got in touch I don't think you ever got in touch with our building department or fire department access it. So some way to allow them to access the [clears throat] property to get to gauge it better on the interior space as to how much we can see the exterior obviously and it's clearly a property from the exterior but uh James and Tim were not able to actually get on the interior space right they have some I thought they had some pictures of the interior space did I

just through the windows the windows like that there's some things that you need to look at from load bearing walls and things like that that need to be looked at Um, and I don't know if you your mind is able to provide them access. So, yes, I'm sure we can we can provide access. And again, I may have more questions than I ordinarily would. I'm not familiar with the building, but is it a modular building?

Is is that a modular building or I know I saw I noticed an awning on the outside. Right. And but so but you had a fran Checkers wasn't running the store. That is correct. You're the Checkers organization wasn't running the store. You had a franchisee that was that was under contract with Checkers. That is correct. He breached his contract. There was an unauthorized closure of that location. Okay.

And so again, from my client's standpoint, this notice is all we have. I asked because I looked in the notice, there was reference there to prior issues. I asked if we had any record of this and this is what we've received. But Checkers is still paying a lease to a building. Still paying rent through 2026. That is correct. So are y'all going to swoop in here and repair it and open it back up?

We are we are willing to repair the property to bring it back into compliance because again we are required to do so under the lease. In a lot of these leases, we actually construct the building and do a ground lease. [clears throat] In that case, we would be happy to, hey, we'll clean the building off. Here, we are required under the lease to return the building in the same condition as we receive. That's what I was trying to understand because my thought was if you got to pay your rent up until next summer,

what do you care if we tear it down anyway? It's it's the it's surrender condition. That's right. No, ordinarily we would say no and we would just pay it. But our to to be frank, my concern would be what we would have to do after the termination of the lease. If there's no building, do we have to, you know, build build another one? My question to you is, and when we, as you know, when we get to this point, we're late in the game. But where has the who who's been charged with managing this property? Where have they been?

So again, to my knowledge, we have someone who is engaged a third party. I can't recall their name, and I may not know who's been responsible for going and maybe doing some light cleanup work potentially. I don't know if it's lawn maintenance, but making sure there's no trash. Um, but other than that, I do not know if anyone's done anything as far as routine maintenance repairs. I don't even know if the utility But you see there's been a failure somewhere.

I can tell you just from looking at the outside of the building that it's not something our organization wants. We didn't want a a store to close. Weren't, you know, it was not a planned closure of that particular store. Our concern is, hey, we want to abide by the terms of our lease when this expires to return the property to our landlord in the same condition that we received it and we're willing to to do that. Can I ask a couple question? Sure. Whitney, who are we sending the the notices to to the land to to the to the trustee, right? Yeah. Enforcement officials go to the actual

Okay. So, was the trustee conversing with you? To to my knowledge, we received this one notice and we received a call when we received this notice. What notice did you receive? This is a November, I believe, 2024 notice that was notifying us about the public hearing today. And you all and I was engaged yesterday. So, so if checkers received notice in 2024, no, 2025, November 24, 2025 prior to you just got it then. Basically, that is I got it yesterday. And so they got it from us. Is that correct?

We received it from it was addressed to the property owner and he can he forwarded that to our folks. So the trust for it to that is correct. Sure. The trust is out of California. with him and he told me he was going to get checkers on that and he had he claimed he wasn't aware. I don't know if he was or wasn't aware but Checkers is not the Checkers was not the owner. We had to go through the tax. Were you all paying rent this whole time? We were That is correct. So are you able to subleasase it for the remainder of the contract? It's not just an empty property or is that something possibility?

There are uh conditions to subleting that particular property. Um if we had again another um franchisee, we would have some leeway to sublet or assign the lease. However, because the lease expires in June 2026, it's difficult to get a new tenant into that building, you know, absent an agreement with the landlord, you know, who would who would consent to that. So, correct me if I'm wrong. What you're really trying to do is ask us for time to repair that that property and then turn it back over to Chadam where they're the beneficiary of all the repairs that you're making.

That is correct. We would love to do that sooner rather than later, but again that is up to him, you know, in in the agreement of the parties under that contract. And Checkers is willing to to put up the money to do all of that. We are we're obligated under the lease and so contract obligation to fix this building. That is correct. So, was it going to have signage put back out and everything else? It would not be be signage and again what if that's not going to happen.

Again, I I even hate speaking at this point as far as hey, they would do ABC without you know, but I have, you know, they said, do we need to remove the [clears throat] awning if there's places for signage? To me, it seems like it would be reasonable for them to, you know, leave a a standing building there that's cleaned up. Whether it's, again, I noticed the awning, I don't know if it historically had some kind of canopy over it or the canopy, it just kind of looks like a metal awning. From what I understand, six, eight months ago when Checkers closed, they had their maintenance staff come down there and remove anything that was checkers related. So ordinarily that is kind of customary when a lot of my franchise clients when we move out of a property we remove what's called maybe called trade dress you know so it no longer looks like a checker restaurant in this instance

how long ago was that somewhere around six eight months ago so Checkers was aware of this six eight months ago the franchisee that's correct franchisee got you so he had he had obligations to us. And again, I I don't want to speak too much on that other than it was an unauthorized closure, and I do believe there may be still some ongoing issues with that particular closure. What's your ask? So,

what's your ask? My ask is to allow us sometime give us some sort of remediation plan that is short of demolishing the entire building to make this property where it does not is not an eyesore. You know, as again, it's it's a difficult situation for us because we do feel at this point handcuffed under our obligations under the lease, which include our obligations to comply with law. And at the same time, we have a short period, you know, where it's just not we're not able to reasonably lease that [clears throat] property or sublet that property for such a short period. And I think I'm saying the obvious. That's a very unusual That's a [clears throat] very unusual lease agreement. So, what I'd like to know, James and Tim, obviously, like I've said earlier in this meeting, when we get to this point, this is late in the game. So, who who have we been talking to or or or requesting to speak to that has not complied with us? Is it the is it the trust in California? Again, is there a local property manager? Somebody has failed obviously to maintain the property to get to this point. So, can you tell us a little history on this building?

Yeah, this is So, we asked [snorts] municipal victors in the audience uh code enforcement was sent out there first uh and started addressing the exterior. We brought them in for our request to come in and look at it a few months ago and then uh came back around. So, I don't know that they've necessarily been working with somebody other than code enforcement who's been working with the people in California who again he's been working with. Who's recommending a condemnation?

It's it's a recommendation for the letters that they provided us uh based on the exterior like we have not been able to enter the premises. So, as I was listening to him, he wants to do anything possible short of a demolition. I don't know that we want to get agree to that until we get to the interior space because it may be no other option but to demolish. Well, can y'all have an agreement with him to get our team inside the building? Yeah, I think that's what I think we should do is maybe hold off to the next meeting, have a interior space inspection by police and I mean uh by fire and building department and the code enforcement office and come back on the 6th with a final recommendation now that we've had our eyes on the interior space and the exterior space.

That makes more sense. And let me just tell you how we get in situations like this. This is something that um and I I I respect what you're here to do tonight, but what uh what we get into throughout the city occasionally is we have buildings like this that are again in violation of of of codes um and they're not taken care of. Nobody takes responsibility. You have a trust in out of state. You have absentee ownership. And so meanwhile, the city's here trying to deal with a building in that condition and we can't get anybody to respond. So, that's that's that's kind of how we got to where we are today. But, if there's if there's a way that um that my team can get in the building, properly assess that, I agree with Whitney's assessment that we do that and and uh and and table that or wait on that. Yeah.

No, absolutely. Or would it be January 6th or the 20th? I mean, is this are y'all going to be in town for the holidays or Okay. I mean, it's it's it's enough to where we could get somebody over there. It's right across the street. We can get somebody over there for the next two weeks and just finalize the assessments they have based on interior space. If they will give me authority, I will go over there tomorrow and check. Again, my folks are in Florida. We'll absolutely coordinate and do whatever we need to do, you know, to to get you guys Technically, I'm not supposed to use key unless it is actually someone.

Y'all coordinate it. Yeah, absolutely. So, can we t it request to it till the December 6th hearing? January 6th. January 6th. Okay. To the January 6. Did you have any [clears throat] other comments, sir? No, sir. Okay. Thank you. And you have your contact information with these gentlemen? I'll share. Thank you. Thank you. Thank you very much. Okay, I'll make a motion that we table till January 6th. Okay, we have two uh two items on here. So B

um so um there's a motion or is there a mot? I'm asking for a motion. So the the ask uh based after hearing our staff regarding A and B. The motion is to proceed with condemnation on item A into table B until Janu uh January the 6. So is there a mo is there a motion? So move a motion by Alderman Gallagher. Is there a second? Second. Second. Alderman Wheeler. Any other discussion? Hearing none. Roll call. Alderman Payne. Yes. H. Yes. Yes. Gall. Yes. Yes. Yes. That motion carries. Next on our agenda is the uh Barracuda agreement.

Okay. Me board. agreement with Barracuda um is the uh at the last meeting we agre agreed to do a subscription for the city firewall. Um since that time they provided an an agreement for the subscription um and it does contain the supplement um information for governmental entities in Mississippi law. So tonight need authorization for that to be signed by the um mayor or the IT director. So moved. Second. We have a motion Payne, second by Alderman Hoots. Is there any discussion? Hearing none. Roll call. Yes. Yes. Yes. Yes. Yes.

Yes. That motion carries. Next on our agenda is utilities contract with Treble. This is a city utilities contract with Tremble. As the mayor noted, it's a professional service agreement um for the software and maintenance upgrades um for the GPS devices um as part of their services. So tonight need authorization for um Ray Humphrey the director of utilities to sign the contract with Trimble 6500 per year or 6175 [cough] per year. [clears throat] Is there a motion? Second. We have a motion alderman Wheeler. Second by Alderman Gallagher. Is there any discussion hearing? None. Roll call. Yes. Yes. Yes. Yes.

Yes. Yes, that motion carries. Next on our agenda is a resolution for surplus property in our uh IT department. This was just authorized surplus of IT um equipment no longer needed under 172525 of the Mississippi code. I'll make that motion. I'll second. We have a motion by Alderman Payne, second Alderman Jerome. Is there any discussion? Hearing none. Roll call. Yes. Yes. Yes. Yes. Yes, [clears throat] that motion carries. Next on the agenda is a contract amendment with unit one, unity, I'm sorry, for internet and phone.

This unity uh is two contracts. It's formerly known as Windstream. Um it provides the internet and phone service for the city. Uh the first amendment is just with unitary windstone, I mean Windstream. Um is for the phone and service agreement for SP SPD building um 12,850 per month. And then the other one is amendment to the internet service um for the um uh city and that will be I'm sorry the SPD building is,040 per month and then the service for the city um for internet and phone service for the various buildings and locations owned by the city is 12,580 per month. So authorization to sign both of these agreements with um Unity. They have made the revisions that were requested as part of the contract and authorization is needed for Michael Norris to sign on behalf of the city. I'll make that motion, mayor.

I'll second. We have a motion. Berman Payne, second Jerome. Is there any discussion? Hearing none. All in favor say I. Any oppose say no. Eyes have it. Motion carries. Next on our agenda is our planning agenda. Our planning director, Miss Whitney Cook.

Yes, we have two items on the agenda tonight. Both are conditional use permits and they're both for renewals of existing conditional use permits. So, it's [clears throat] essentially a formality. It's expired after five years. So, these are the renewal of a five-year um time period. The first one's going to be at 8610 Highway 51 North. And this is going to be um most of you will know it's Bill Fowler's old body shop. Uh what we do when we do a renewal is make sure that there's no code violations or anything that would um cause us concerns for a one and four renewal. Uh we have checked with code. We have spoken uh to the applicants and have visited the site ourselves. It is in good condition. Uh there have been no code violations and we will recommend uh oneplus 4 renewal their conditional use for motor vehicle repair at this location. Is there a motion to approve item one?

So move. I'll second. We have a motion by Alderman Hoot, second by Alderman Jerome. Is there any discussion hearing? None. Roll call. Yes. Yes. Yes. Yes. Yes. Yes. That motion carries.

Our second application again is a renewal of a conditional use permit specifically for 1793 and 1799 Main Street. It is in a multi- uh tenant building that you see right there on the southeast corner of 51 and Main Street. It is for a full service spa. They are taking on an additional bay. It has been a good business for the lady. So, she is taking on an additional bay. We will continue that into uh the conditional use permit as well. So, uh we are recommending uh a one and four for this one as well. There are no code violations and no areas of concern. So, we're recommending approval as well. Mayor, I make a motion we approve item two on the planning agenda. Second. On item two, we have a motion by Alderman Hoots, second by Alderman Payne. Is there any discussion?

Hearing none. Roll call. Yes. Yes. Yes. Yes. Yes. Yes. [clears throat] That motion carries.

Next on our agenda is our mayor's report. I'm going to start with an update. uh as I've told uh citizens in the city for a few weeks now um it was brought not brought to my attention by citizens but before that uh with the XAI development um the power plant that's uh being renovated uh that was used for many years in the city years ago um noise concerns so I think u uh several people reached out to me directly I explained to them that I'm aware of that even before they reached out to me I've been in uh contact with XAI uh they've been receptive like they have with everything else. They heard my concerns. I told them that the noise levels were not acceptable. They listened to me and so the report tonight is that uh I did have had enough time uh to talk to XAI to get them to study a solution that has now been implemented. And like I tell people before, sometimes give us a little time. Okay, we're aware that there's a problem. We need a little bit of time to develop a solution. So, we've been working on this for several weeks. So, the report today is XAI has done everything we've asked them to do. Uh there are portable uh generators out there uh that are on uh trailers. They're temporary. They're not going to be out there forever. Um they will eventually be moved and then other generators will be placed further to the west where the old Duke power plant uh had those in uh previous years. So, they'll be there. They'll be housed and they're with the most modern technology to minimize noise. Um, but in the short term, again, they've done what we've asked them to do with the temporary generators. They put up a sound wall, had that done, start immediately, uh, like two days after I brought this to their attention. They started work on this. So, we let them do that. We want to make sure that that was uh, effective. And so, they did that. They've altered their plans on how they're going to place things on that property to not be disruptive to neighboring residential areas. So, I I

commend them for doing everything you've asked them to do. Uh I've uh as I've told my staff and I've told the people that have reached out to me. Um I I live in this city. Uh I there's no way in the world that I would let anybody come into this city and disrupt this city. So, it's always kind of when someone suggests that, it's kind of amazing to me. And and you can tell by this meeting, you know, I care. We go through a lot. Um, but anyway, the report is they've done everything we've asked them to do. I've walked the woods on every site. I've been to two-lane road uh out of my truck walking on foot. I've been to the dead end of Clon Hills Drive. I've been to Cap Rock Cove. I've been to Jerry Street Park. I've been to Cherry Valley Park. I've walked um the woods. I've been on the railroad tracks. I've listened to make sure that everything that they promised me they were doing is effective. And so again, uh, Whitney provided me with a a decibel meter today. So I actually went back again uh to to use that and the readings there were as low as 39.1. So um what they have done has proven effective and uh they've [snorts] been committed to as they move on with the development to being conscientious of everything that happens out there and uh and they've again they've done everything that that we've asked them to do. So that's the report tonight. Um, and again, let me explain this to people. There are times when a solution takes a little bit of time. But when we're not speaking publicly, it doesn't mean that someone's trying to hide something or that we're letting an economic development come in and do something that's harmful for the city. We would never let that happen. It means that sometimes it takes a little bit of time to come up with a solution. And before my credibility is my uh my most treasured uh thing that I have, so I'm not going to speak on something until I verify that it's correct. And so that's what the time delay that's what we've been doing and uh and I'm reporting to you now that what they've done is effective and we will continue

to make sure that that everything that they do is is a positive for this city. Um next thing I want to update everybody on and uh we had had some uh hang-ups along the way. It took some time but but the wall at Rasco and 51 is done uh except just maybe a little bit of brick cleanup. Beautiful wall. Uh new new brick wall. Uh we mirrored the uh theme that we've had with the uh city entrance signs, the brick monument signs, and uh if you haven't seen it, go check it out. It's beautiful. It's a great enhancement. And um the uh just so everyone knows, the old wall uh had had some ch we had to take it down. There were some safety issues with that. So that's why we got into this situation. So when when we realized we had to take the old wall down, uh we first thought then, hey, let's make it better. Let's make it let's make it prettier. Uh let's that's a special intersection. You know, it still is for our city. And in the history of our city, that was actually about the city of our city at one time. Like, you know, we all um us, again, I sound like a historian. I don't I don't feel like I'm old enough to be that, but I guess I am. Uh but I remember the day when Highway 51 was the divider in our city. Like when we did, you know, sports leagues and things like that. that if you were on the east side of 51, uh, you competed against the west side and it was it was a friendly rivalry and it was a great thing, but Highway 51 was a key part of our city. And so, still, you've got South Haven High School right there. That's just a key intersection. It's a special place and we want that uh to look good and to and to continue to be a special part of our city. So, uh, this beautifification project is outstanding. So, go check it out when you get a chance. Um, I promised everybody like I always do a year a year in review. Um, and I'm just going to be honest with you. Um, my my plate is full. I have been working my tail off and I've not had a chance to do that yet. So, I will promise uh that to you in January. Um, but the reason that I'm having to tell you that just tells you how much is

going on in our city, how many good things there's a tremendous amount of great things going on in our city. I'll leave the mayor's report tonight just wishing everybody a merry Christmas. like you have a meeting like this and you you look at the uh the severity of the decisions that are made in this room. Uh you realize the impact that it makes on people's lives. And I can I know I'm speaking for this board when I say that we don't take anything lightly. We know that we're in a a highly leveraged position that impacts a lot of people and we take that very seriously. Uh we think about that a lot. We pray about that. We always try to do what's right. And um so I just want to wish everybody in the city a merry Christmas. I appreciate the opportunity uh to serve as mayor of this city. Uh next on our agenda is our donation docket.

Mr. Mayor, I move we approve two donations uh by the Midsouth Outlet Shops Tanker Ball uh to the fire and police chief as presented. I'll second. We have a motion Bman Payne, second Berman Jerome. Is there any discussion? Thank you. Tanganger Ball. Yep. Any other discussion hearing? None. Roll call. Yes. Yes. Yes. Yes.

Yes. That motion carries. I do need to back up. I do have one item. As I was uh talking about XAI, I was talking about the noise uh resolution, but again, just to show uh XAI's commitment to the city, um they've agreed to 100% fund uh the widening of State Line Road uh from where their facility is back to Highway 51 and also pay for the resurfacing of State Leline Road all the way back to I-55. So again, this just shows their financial commitment and uh being a great corporate citizen in South Haven uh to do that. That price tag is $3,460,000. And again, they want to fund that 100%. Uh so I have anou here and I'm asking the board to approve thisou.

So moved. Second. We have a motion Flores, second by Alderman Gallagher. Is there any other discussion? I have a question. Who are who are you, sir? I'm Jason Okay. You're you're on a you're scheduled for an agenda item on January 6th. Yes, sir. Not tonight. We'll we'll have you on January. Were you want What were you wanting to talk about? I I have a question because I appreciate the update on XAI, but is there is there Let let us do this. Hang on just I'm going to let you speak. Hang on just a second. So, let's go ahead. This is a different issue. Let's go ahead and wrap this resolution. Was there any other discussion about the resolution? And if there's not again, would you redo the roll call? Yes. Yes. Yes.

Yes. Yes. Yes. Okay. That motion carries. And so you want to I was just curious. I mean I appreciate you have an update for us on that. Uh but do we have a timeline on those on the uh temporary turbines that are there or the mobile ones that are there?

The state it's a 12-month permit. The state MDQ gives a 12-month permit. I have noticed it in for the last couple days, the sound has been quieter, but it's happened in the past where it will be like that for a couple days and it just goes back to full steam again. And that that's a big concern that you know when when you're worried about if you go home, hey, is this happening again or not? You know, there's many of us in Colonial Hills that have been talking about it. And I've learned from talking to neighbors and people who live around me that they don't even know what's going on. So, I know, you know, you said that there's been you've told the public over and over and people, but there's still people that don't know what this is or about, and I'm not sure where that's been publicly, you know, talked about. What what I'm not following you that don't know what

just the the fact that the building is there and what's going up. There's a lot of citizens, a lot of people in my in my area in the cove I live in that when I ask, "Hey, are you hearing this noise?" They're like, "Yeah, what even is this?" So, I was just I mean I feel like there's been no discussion of that to the public of what's going on there and the timeline for that for this to you know be done. Yeah. Back in the summer uh there was a pre I issued a press release that had all those details in it.

42. Well, we're not and I will tell you this, we're not going to get into all the the details because as I've told many people, there are certain things when we have an economic development, we have to respect uh we have to expect their competitive situation in the future what they're going to do. The only thing I would Hey, we're not going to speak out in public. Chief uh Kern, would you please address the order of this meeting? That's not going to happen. I don't know what you're used to, but it ain't going to happen in this meeting. Let's let's get let's let's get order in this meeting. We'll have order. I've never used this. I'm going to use it. here. How do you I don't even know how to get that open. Yeah, our attentions weren't here to come and disrupt. Yeah, you're not going to disrupt the meeting. So, I wouldn't try.

So, hang on. I'm going to get control of the meeting. We're I'm going to answer your question, which I was trying to do before being interrupted. If you speak out again, you'll be removed from the building. Does everyone If you don't understand that, then you're going to learn the hard way. So the answer to your question is that there was a press release that was given back in the summer when when that became real and we knew that it was really going to happen. I issued the press release that addressed all the concerns, told everybody what it's about. All at this point all it is about a power plant that's being used to provide power to Colossus 2. That's at at this point that's what's been communicated. So what is going on at the South Haven facility? It is a power plant that has become in order and useful again.

Okay. What's what's the other qu is there another question that we've not it's been it's been torture for since August hearing this noise daily and I know you're aware of the noises as you you said you heard them but when you hear them from your backyard day and night I mean it's feel like some of that could have been taken care of before letting this happen for months yeah hands down no I've I've answered that and and I and as I told you you reached out to me either by email or by private message I apologize one of them wasn't nicest but I woke up early in that morning and couldn't go back to sleep because I could hear those noises from my Yeah, I understand. I was a little rude about that. Not to apologize, but it's just a big concern.

But what I'm trying to assure you is I've told everybody tonight when a citizen brings something to my attention, I've told and I told you that. I told you I was working on a solution. And so it took a little bit of time when you reached out to me. And actually before that, I had already been talking to uh Xai before that, before you ever contacted me. I've walked the streets. I've walked the woods. I listened and and had a solution uh underway. So, but again, like I said, it takes a little bit of time to get that done. So, anyway, we don't want to inconvenience anybody, but when we realized that it was an issue, we've addressed that and that's the report tonight that it is it is better. But you your other concern about it getting better and then getting worse again. It's an ongoing thing. They they understand that. They're committed and and I will uphold every promise that I've made to our citizens. I will hold them accountable for that. Thank you for coming forward. Do you still want to be on the agenda for January 6?

Yeah, I mean probably. So, and I'm gonna let you know. I'm I'm gonna let everybody know in the stand uh in the audience that you're going to be on the agenda and you're here, but you you're not going to take this meeting and and uh disrupt the order of this meeting. That's not our intentions at all. And and I know there are some people that are involved in, you know, everything uh related to the Colossus that have have different intentions. I just want to answer the clarity and to know what's going on. You seem like a very fair. I'm just telling you I'm I can read. You seem like a very fair person. I've talked to a lot of people about this and we can look at all the other discussions that have gone on. There's a lot of varying opinions. There's a lot of bad information that's out there.

I was in the news. Unfortunately, this isn't where I want to be in my life. But uh and yeah, I I've read comments. I understand that you get from every angles, but it's just, you know, this has been a big concern and it's been happening since August and been there. I don't know how I mean with if you're not living with an earshot of it then it's just is hard to understand what's really happening. So I know where you live. I've walked the railroad. I've been there. Yes, sir. Yeah. See, and you you have my commitment that I like I've told everybody from day one, I will hold I will hold them accountable to do everything that they've asked or that we've asked them to do.

Yeah. But we're not what we're not going to do is we're not going to let um all the um the false information that's been circulated that's not going to happen in this room right here. What's hard to know is what's what is the real information because I don't feel like it's

all that will in due time all that will be exposed. It will be at the appropriate time, but but we have to when there's a good development for the city of South Haven, we have to protect the competitive situation that corporations are in. Uh if we didn't do that, we wouldn't get the B. They wouldn't be here. They'd go somewhere else. Okay? So, I would never recommend somebody as a an economic development to come in the city if it wasn't something that's going to be good for the city. I can assure you that when we're talking about this three years from now, uh it will be quite evident of the benefits that this is going to bring to the city of South.

Yeah, it's it's hard for me to agree with that with all the research and and other states. This is across the USA that they were building these everywhere, people's backyards and, you know, the the long-term PE states has had it for for over a year. you know, the the utility bills, the the water pressure, the water quality. A lot of stuff is affected by this by these big data centers and power plants going up for to benefit a very few people. All that's been heavily vetted. It it is we're not going to let something come in that's going to hurt the city and I'll leave it at that. But thank you for coming forward. Uh we'll keep you on the agenda for January 6th. Thank you. Yeah.

Um so we're done with the uh the roadou. Appreciate that. So now let's get back to the other part of the agenda. Uh next on the agenda is the personnel docket. Mr. Mayor, I move we approve the personnel docket as presented on this date. Second. We have a motion by Alderman Payne, second by Alderman Hoots. Is there any discussion? Hearing none. Roll call. Pay. Yes. Yes. Yes. Yes. Yes. That motion carries. Next on our agenda is our city attorneys legal update. Mr. Nick Manley again.

No action. Just a quick update um that the city is um looking into possibly doing a stream buffer ordinance or reviewing a stream buffer ordinance um as part of the storm water program um for the setter county and the permit um through MDQ. We are looking at um uh bringing a stream buffer ordinance sometime in the new year. It's being reviewed, but we did want to give an update on that uh by the end of the year um to let uh the board know that we are looking at that. anything that will be brought to you will be um obviously reviewed, revised um and looked at from a developer standpoint along with a um enforcement standpoint. So, no action. Just wanted to report that to the board um for the minutes.

Okay. Next on our agenda is our utilities billing leak adjustment docket. Mr. Mayor, move we approve the utility bill leak adjustment docket as presented. Second. We have a motion Payne, second Alderman Hoots. Is there any discussion hearing? None. Roll call. Yes. Yes. Yes. Yes. Yes. Yes. That motion carries. Next on our agenda uh is one claims docket. Mr. Mayor, I move we approve the claims docket in the amount of $4,132,42.39 including demand checks. Second.

We have a motion. Alderman Payne. Second. Alderman Flores. Is there any discussion? Hearing none. Roll call. Yes. Yes. Yes. Yes. Yes. Yes. That motion carries. Next on our agenda is the purpose of determining the need for executive session. So move. Second. We have a motion. Alderman Hoots, second by Alderman Payne. All in favor say I. I.

Any oppose say no. Eyes have it. The needs this evening are uh claims potential litigation against utilities department, planning department, economic development within the city, and interdep departmental personnel with no action. And we also have police personnel. Uh is there a motion to declare executive session? So move second. We have a motion Gallagher, second Wheeler. All in favor say I. I. Any oppose say no. Eyes have it. Motion carries. The mayor and board are now in executive session.