Mayor and Board of Aldermen

City of Pearl 2420 Old Brandon Road Pearl, MS 39288-5948 Office: (601) 932-2262 Meeting Minutes - Final Tuesday, September 3, 2024 6:00 PM Council Chambers Mayor and Board of Aldermen JAKE WINDHAM Mayor KELLY SCOUTEN City Clerk DAVID STOVALL- Alderman-at-Large SAMMY WILLIAMS - Alderman Ward 1 KEITH DENNIS - Alderman Ward 2 JOHNNY STEVERSON - Alderman Ward 3 CASEY FOY - Alderman Ward 4 DWIGHT KNIGHT - Alderman Ward 5 KYLE FOSTER - Alderman Ward 6 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 Page 1 of 1 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 6:00 P.M. CALL TO ORDER ROLL CALL Present: Alderman Dennis Alderman Steverson Alderman Foy Alderman Williams Alderman Foster Alderman Knight Mayor Windham PRAYER Alderman Knight opened the meeting with prayer. PLEDGE Mayor Windham led the Pledge of Allegiance. ACKNOWLEDGEMENTS 2024-2025 Mayor's Youth Council Induction APPROVAL OF CONSENT AGENDA ITEMS: All items under this heading will be considered to be approved with one motion and one vote. If further discussion is desired on any item, it will automatically be removed from the consent agenda and will be considered as a general business item. Approval of the Consent Agenda Upon motion by Alderman Knight and seconded by Alderman Williams, the following items were approved and adopted as the Orders of the Board by majority affirmative vote ("Aye") of the Alderman present: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight 1. 24-1949 approve. 2. 24-1950 approve. 3. 24-1952 approve. 4. 24-1953 approve. Page 1 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 5. 24-1954 approve. 6. 24-1955 approve. 7. 24-1882 approve. 8. Order to approve and authorize to send Uncollectable accounts to Advance 24-1935 Recovery System in the amount of $28,298.20. approve. 9. Order to authorize and approve Contractor’s Final Estimate #3 for 24-1938 $116,092.51 from AJ Construction on the MPO Overlay Project. approve. 10. Order to authorize and approve Contractor’s Estimate #19 from T. L. 24-1939 Wallace Construction for $23,002.49 and $697,725.38 of non-participating MDOT funds on the Pearl-Richland Intermodal Connector Bridge Project. approve. 11. Order to authorize and approve August invoice from Pickering Firm, Inc. for 24-1941 $56,355.00 on the Grandview Sewer Rehabilitation Project (ARPA/MCWI Funded). approve. 12. 24-1956 approve. 13. 24-1957 approve. 14. Order to authorize and approve payment of Contractor’s Estimate #1 from 24-1908 Simmons Erosion Control, Inc. for $301,394.86 on the Mary Ann Drive Sidewalk project (MPO 50/50 match, budgeted). approve. 15. Order to approve and authorize the purchase of (2) 2023 Dodge Charger Pursuit 24-1936 Base in the amount of $37,400.00 (each) for the Police Department. (quotes obtained) approve. Page 2 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 16. Authority to advertise for Statement of Qualifications for conducting 24-1931 environmental assessments and remediation relating to the MDEQ Brownfields Grant. approve. 17. Order to approve and authorize the purchase of (1) 2024 Dodge Durango PPV in 24-1937 the amount of $42,392.00 for the Police Department. (quotes obtained) approve. 18. Oder to set public hearing for September 17, 2024 at 6:00 p.m. to determine 24-1926 whether or not a conditional use permit should be granted to allow Harekrushna Patel to operate a tobacco and beer store at 2413 Highway 80 E. ..end Department Represented: Community Development Back Up Data: Click or tap here to enter text. Purchasing Approval: Budget Acct#: (MUST be initialed by Leia Cooper for purchases over $5,000, which require Board approval, prior to submission to the Mayor.) SUBMITTED BY: Brad Robertson 8/16/2024 MAYOR’S APPROVAL: NOTE: SAVE COPY OF REQUEST AND BACK-UP FOR YOUR RECORDS approve. Page 3 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 19. Order to set public hearing for September 17, 2024 at 6:00 p.m., to determine 24-1932 whether or not a conditional use permit should be granted to John Alvin Woods to allow him to have outside storage of outdoor power equipment at his building located at 5023 Highway 80 E. approve. 20. Order to set public hearing on September 17, 2024, at 6:00 p.m. to determine 24-1933 whether or not Johnnie N. Smith and located at 3410 Mahaffey Drive, Pearl, Rankin County, Mississippi 39208, is in such a condition or state as to be unsightly and un-kept or otherwise a menace to the public health and safety of the community, and therefore prohibited, pursuant to Chapter 24 of the Code of Ordinances of the City of Pearl, Mississippi and Section 21-19-11 of the Mississippi Code of 1972, as Amended. approve. 21. Order to set public hearing for October 1, 2024, to determine whether or not 24-1940 a rezoning application should be approved to rezone the following parcels: Parcel#F0700009 00000; PARCEL#F07N000010 00000; PARCEL#F07000011 00000; PARCEL#F07000011 00010; PARCEL#F08000001 00000; PARCEL#F08000003 00000 from C-2 General Commercial to I-1 Limited Industrial. approve. 22. Order to set public hearing for September 17, 2024 at 6:00 p.m. to determine 24-1942 whether or not a Variance should be granted to Keandre Woods to allow him to build a 1628 sq ft house instead of the 2500 sq ft required in a R-E Zone located at 242 Knight Road. approve. 23. Approve and authorize the addition of paragraph 33 to the Parks and 24-1964 Recreation facility rentals policies and procedures. approve. 24. Order to approve the Kansas City Southern Pipeline Crossing Contract to 24-1965 allow the City of Pearl to bore under the railroad tracks at the intersection of Hwy 475 and 468 in order to install a sewer line, and to allow Mayor Windham to execute the same. approve. 25. 24-1967 approve. PUBLIC HEARINGS Page 4 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 1. Consider granting a dimensional variance to Dallas and Gwendolyn Sutton 24-1959 Sr., to allow them to build a 1500 square foot house at 124 Bryants Landing. ..end Department Represented: Community Development Back Up Data: See Attached Purchasing Approval: Budget Acct#: (MUST be initialed by Leia Cooper for purchases over $5,000, which require Board approval, prior to submission to the Mayor.) SUBMITTED BY: Brad Robertson 8/9/2024 MAYOR’S APPROVAL: NOTE: SAVE COPY OF REQUEST AND BACK-UP FOR YOUR RECORDS Dallas and Gwendolyn Sutton, Sr., appeared on behalf of their request. Community Development Director, Brad Robertson recommended that the dimensional variance should be granted. Motion was made by Alderman Williams and seconded by Alderman Knight to approve a dimensional variance for Dallas and Gwendolyn Sutton Sr., to allow them to build a 1500 square foot house at 124 Bryants Landing. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight Page 5 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 2. Consider granting a Conditional Use Permit to allow Scott Swanner to 24-1963 operate a medical cannabis dispensary at 102B Metroplex Boulevard. ..end Department Represented: Community Development Back Up Data: See Attached Purchasing Approval: Budget Acct#: (MUST be initialed by Leia Cooper for purchases over $5,000, which require Board approval, prior to submission to the Mayor.) SUBMITTED BY: Brad Robertson 8/14/2024 MAYOR’S APPROVAL: NOTE: SAVE COPY OF REQUEST AND BACK-UP FOR YOUR RECORDS Scott Swanner appeared at the hearing on behalf of his request. Community Development Director, Brad Robertson recommended that this permit should be granted, once approved by the State. There was previously a dispensary at this location. Motion was made by Alderman Williams and seconded by Alderman Dennis to to grant a Conditional Use Permit to allow Scott Swanner to operate a medical cannabis dispensary at 102B Metroplex Boulevard. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Williams, and Alderman Foster Nay: Alderman Foy, and Alderman Knight Page 6 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 3. Consider granting a dimensional variance to Hinds Community College to 24-1961 allow them to build a 67 foot high building instead of the allowed 35 foot high at 275 College Drive. ..end Department Represented: Community Development Back Up Data: See Attached Purchasing Approval: Budget Acct#: (MUST be initialed by Leia Cooper for purchases over $5,000, which require Board approval, prior to submission to the Mayor.) SUBMITTED BY: Brad Robertson 8/13/2024 MAYOR’S APPROVAL: NOTE: SAVE COPY OF REQUEST AND BACK-UP FOR YOUR RECORDS Community Development Director, Brad Robertson recommends granting the dimensional variance. Fire Chief Todd Burkes, does not have an issue with the building height. The building will have automatic sprinkler system installed. Motion was made by Alderman Foy and seconded by Alderman Knight to approve a dimensional variance to Hinds Community College to allow them to build a 67 foot high building instead of the allowed 35 foot high at 275 College Drive. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight Page 7 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 PUBLIC HEARINGS 21-19-11 Determine whether or not the owners and those certain parcels of real property which are listed herein, are in such a condition or state as to be unsightly and un-kept or otherwise a menace to the public health and safety of the community, and therefore, prohibited, pursuant to Chapter 24 of the Code of Ordinances of the City of Pearl, Mississippi and Section 21-19-11 of the Mississippi Code of 1972, as Amended: Page 8 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 4. William Jason Moore and located at 420 C Street, Pearl, Rankin County, Mississippi 24-1960 39208, William Jason Moore was served with notice of the public hearing as required by law. Community Development Director, Brad Robertson informed the Mayor and Board that the property owner had failed to keep the property in a manner to keep it from being an eye sore, unsightly and unkept or otherwise a menace to the public health and safety of the community. William Jason Moore appeared at the hearing on behalf of the property. WHEREAS, said hearing was held at the time and place mentioned aforesaid, therefore:BE IT ORDERED AND RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PEARL, MISSISSIPPI THAT: 1) The required notice which was mailed and posted in relation to this hearing is hereby received and recorded and the City Clerk is directed to record said copy in the minutes of these proceedings.2)The parcel of real property owned by William Jason Moore and located at 420 C Street, Pearl, Rankin County, Mississippi 39208, is hereby adjudicated, in its present condition, to be a menace to the public health and safety of the community for the reason that said property is in an unsafe, unsecure, and unclean condition with grass, weeds and other unsightly vegetation growing thereon and with debris present thereon, and said owner(s) has failed to remedy these hazardous, unsafe, unsecure, and unsightly conditions thereon. 3) That the Department of Community Development is hereby directed to post a copy of this Order on the property, and if said owner fails to bring said property into compliance by obtaining the necessary permits and by performing significant progress within ten (10) days of the date of this Order, then the Department of Public Works with the aid of the various departments of the City, including the Department of Community Development, to perform one or more or all of the following acts on and to said property to clean said lot and remedy the hazardous, unsafe and unsightly conditions thereon: Cutting grass, weeds, unsightly vegetation, cutting dead trees in danger of falling, filling cisterns, removing rubbish, dilapidated fences, outside toilets, demolishing and removing any dilapidated or unsafe or unsanitary buildings, including the dwelling, and other debris, and draining cesspools and standing water therefrom. 4) That the Director of Community Development is hereby directed to keep a careful and correct accounting of the cost of cleaning and remedying said lot and to report this accounting to the next regular meeting of the Mayor and Board of Aldermen after said property is cleaned and remedied in compliance with this Order. 5) That there should be and hereby is imposed and assessed against the subject property a penalty of One Thousand Five Hundred Dollars ($1,500.00) or fifty percent (50%) of the actual cost, whichever is more, which the City Clerk shall cause to be included in the assessments for municipal ad valorem taxes. 6) This adjudication that the property or parcel of land is in need of cleaning will also authorize the municipality to reenter the property or parcel of land up to six (6) times in any twelve-month period with respect to removing dilapidated buildings, dilapidated fences and outside toilets, and up to twelve (12) times in any twenty-four-month period with respect to cutting grass and weeds and removing rubbish, personal property and other debris on the subject property, without any further hearing if notice is posted on the property or parcel of land and at city hall or another place in the municipality where such notices are generally posted at least seven (7) days before the property or parcel of land is reentered for cleaning. 7)The property owner shall have the structure removed from the property within 45 days. This Motion was made by Alderman Knight and seconded by Alderman Steverson. The following members of the Board of Aldermen voted in favor of Page 9 of 10 Mayor and Board of Aldermen Meeting Minutes - Final September 3, 2024 the Motion which became the Order of the Board: Alderman Knight, Alderman Dennis, Alderman Williams, Alderman Foy, Alderman Steverson and Alderman Foster. Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight GENERAL BUSINESS 1. 24-1958 AMotion was made by Alderman Foy and seconded by Alderman Steverson to adopt Consider an Order to Adopt a Resolution to Adopt the Budget for the City of Pearl, Mississippi for the Fiscal Year Beginning October 1, 2024 and Ending September 30, 2025. Alderman Foy confirmed that there would be no ad valorem tax increase for the year. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight 26. 24-1969 Motion was made by Alderman Dennis and seconded by Alderman Williams to approve the Memorandum of Understanding between the City of Pearl, Rankin County and Bloomfield Equities, LLC. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Williams, Alderman Foster, and Alderman Knight Nay: Alderman Foy 2. 22-176 Motion was made by Alderman Foy and seconded by Alderman Foster to consider Executive Session Consider Executive Session to discuss personnel matters in the Police Department and address potential litigation. The following members of the Board of Alderman voted in favor of the Motion which became the Order of the Board: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight EMERGENCY CONSIDERATION OF COMMITTEES, COMMISSIONS, AND BOARD MATTERS. ADJOURN IN HONOR OF MARY JO MILNER, BONNIE GALLOWAY, SUE LIVINGSTON, MORRIS HUFF AND ELTHABYE MOSELEY A motion was made by Alderman Foy, seconded by Alderman Knight, to adjourn the meeting in Honor of Mary Jo Milner, Bonnie Galloway, Sue Livingston, Morris Huff and Elthabye Moseley. The motion carried by the following vote: Aye: Alderman Dennis, Alderman Steverson, Alderman Foy, Alderman Williams, Alderman Foster, and Alderman Knight Page 10 of 10