Good evening. This August 18th, 2026 board of alderman meeting is hereby
called to order. Is Pastor Dodson with us?
Alman Earhart, if you would lead us in an invocation in a moment followed by
the pledge of allegiance, which I'll lead. Please stand.
» Thank you, Mayor. Excuse me. [clears throat] Let us pray. Most
gracious God and our heavenly father, our creator, our sustainer and redeemer,
we give you thanks, Lord, for this day. Thank you, Lord, for the safety that we
experience in Olive Branch. Thank you for our prosperity. And as we go forward
in all things each day, Lord, I just pray that we would seek your wisdom and
your guidance whether we're running a city, running a business, or running a
family because we know that all things come from you and that uh we should do
all things to honor and glorify you with our decisions. May the decisions we make
tonight uh be wise and pleasing in your sight. Lord, thank you for the
forgiveness of sins and bless this meeting. In Christ's name I pray. Amen.
» Amen.
I pledge algiance to the flag of the United States of America and to the
republic for it stands one nation under God indivisible with liberty and justice
for all. Thank you be seated.
Just a reminder for anyone who speaks tonight, this meeting is streamed live
on the city's YouTube channel and also archived for playback. And if you plan
to speak tonight, one of the blue comment cards, you should fill one of
those out up on the rail uh at the front of the courtroom and give that to the
clerk to my right, your left. Uh board, and we should remember that when we're
speaking, our microphones should be on green uh so that the audience can hear
what's being discussed. Miss Stewart, would you conduct roll
call? >> Audrey,
» here. >> Collins
» here. >> Dickerson
» here. >> Yhart
» here. Gamage >> here.
» Hamilton >> here.
» Wallace >> 100% present. So a quorum obviously
established. Board you have before you the regular
minutes of the August the 4th 2026 meeting. Any comments, questions or
motion to approve those meetings minutes.
» Motion to approve. >> Motion to approve by Miss Hamilton. Is
there a second? >> Second.
» Second. Mr. Collins. Any discussion? All in favor?
» I. >> All oppose. Motion carries.
» Break protocol and change locations just for one second.
I'd like to ask our special Olympian athlete, Joseph Tate, and his dad, Jose
Tate, to come forward with us, if you will.
And Mr. Ed Crumper, are you planning to present as well? Miss Diana Crumper,
come forward.
Yes, ma'am.
We are pleased to recognize our hometown Olympian, our special Olympics athlete,
Joseph Tate, who on August, correction, in the 2026
Olympic Games in Minnesota. He won not one but two medals. He won a silver
medal in the 100 meter and the running long jump. Is that right?
» And and and the bronze medal
» in the 4x100 meter relay. So, these games took place in Minnesota and we'd
like to recognize our hometown athlete. I'd like to give you a memorabilia of
city hall and the crumpers have something they'd like to share with you
as well. >> Never seen anything like this before.
All of them up.
[snorts] [applause]
Thank you brother
board. Also, I'm pleased to announce uh there's not a gift to be handed because
the gift was wired to us, but uh our friends Jim and Missy Flanigan have
donated 37,975.33
to the Lick Creek Conservatory for a large B large raptor cage. Uh and that's
done in memory of their son James Bennett James Bennett Flanigan Jr.
$37,975.33
in memory of James Bennett Flanigan Jr. They have relocated. They've moved out
of the area at this time, but part of their catalyst for this was to encourage
anyone else that may want to give to Lick Creek Conservatory to do that, but
we're thankful to receive this and very appreciative of the Flanigans making
this donation.
Also, board, you have some packets before you, Emanuel. That's from the
mayor's youth council. And that just wanted you to get a feel for what the
staff has put together for the mayor's youth council this year. We had 80
applications for the youth council. That's our limit. We had 68 last year
and 80 applications this year. So, we're looking for a real robust uh class. And
if you look through that, I think you'd find it very interesting. some history
and different uh challenges about the city andformational items that the youth
council I think will will sure benefit from. So, special thanks to Miss Jen
Griffith for putting that manual together.
Just as an FYI also
from Fire Chief Clark, we would like for you to know that Olive
Branch Fire Department added four new certified paramedics after their
graduation on August the 6th, 2026 from Northwest Mississippi Community College
Paramedic Program. This is an intensive three semester fasttrack program to
obtain a nationally registered paramedic license. These are our employees that uh
the city incentivized by paying tuition for them to get the paramedics program.
Uh and also we have two other employees that are currently in paramedic school
and three will start in January 27. So the board knows that paramedics are it's
a challenge to get that level of talent and we're certainly pleased that the
fire department uh has these individuals going through and we congratulate the
the men and women that made it through the paramedic school and got added to
the registry.
chief here. Chief, anything else to say on that? Is that cover it well enough
or? >> Yes, sir.
» Okay. Well, thank you. We're pleased to get those without a doubt.
Following the agenda, you have board the consent agenda, more administrative and
purpose. the uh items on the consent agenda
1 through 27. I know you've had those to look over if
there's no are any questions or motions on the consent agenda items 1 through
27. >> Motion to approve.
» Mr. Gamage motion to approve. Is there a second?
» Second, Mr. Wallace. Any discussion? All in favor?
» All oppose? Motion carries.
Planning Commission Old Business. This is a public hearing for consideration of
an application for a zoning map amendment submitted by Greg Russell of
Civil Link on behalf of Diane Stoval, James Allen Stoval, revoke revocable
living trust property owner. The request is to reszone 50.87 87 plus and minus
acres from the AR agricultural residential district to R1 single family
residential district for the purpose of creating Almondale Retreat a single
family residential subdivision. The subject property is located on the south
side of Dninnesota Road at the Marshall County line approximately 86 plus or
minus miles east of Center Hill Road. This was set on July the 21st for a
public meeting today and this will be led by uh Dr. Song.
» Thank you very much, Mayor Adam. Before you is a request to consider the
reasonzoning of a 50.87 87 acres piece of property that is located north of
Highway 302 or Goodman Road just south of Dotto Road east of Senah Road and
line along the city limits with Masha County. So this is the piece of property
under consideration. It is currently vacant as shown on this map. Surrounding
the property to the south uh the Senah retreat subdivision that has been
developed in suburban style. Further to the west of this particular
piece of property, this is where you have the Senahhee plantation plant unit
development at this location. It's also undeveloped at this time.
The property is currently zoned AR agricultural residential district
shown on this map and the applicant proposes that it be reszoned to allow
the Amadela retreat subdivision. This will be a single family residential
subdivision. There is an accompany accompanying
subdivision plot as part of this particular application which the board
will have the opportunity to review. With regard to the resoning criteria,
the board is required to find whether the original zoning classification for
the property as it exists today is a mistake. The applicant does not make any
such claim that the existing AR zoning of the property is a mistake. The
planning commission did find that a subject property was zoned a arrow in
the 1980s. That's what our records show. It has been zoned AR since the 1980s. It
was annexed into the city in 2021 during the last annexation and there has been
no change in the zoning classification of the property since then. As such, the
existing AR zoning classification of the property is not a mistake. That
particular criterion therefore is not met.
The board of adamant is also required to find whether the character of the
neighborhood has changed to search and extend to justify the proposed
reasonzoning and not all and whether there is a public need with regard to
the character of the neighborhood whether it has changed sufficiently to
justify the reasoning of this particular piece of property.
The applicant submits that there have been sewer upgrades in the general area
of the property since the 1980s. For example, Amad retreat to the south
uh Senah retreat to the south for it to have developed in this suburban style as
opposed to the rural estate a district configuration it ought to have had se
the surrounding zoning system has also changed so contest the applicant. We
we've mentioned the center here retreat to the south is zone arrow 2 that's in
the county is zone arrow 20. Those are lots that are generally uh 20,000 square
ft in size as opposed to a arrow lots that are minimum 1 acre in size. Now in
the county arrow 20 does not really mean minimum 20,000 square ft lots. There are
lots in there that are far less than 20,000 square feet. It's a formula they
use in the county and how they the kind of call this are 20 but it really does
not mean minimum 20,000 ft lots. There are lots there that are 12,000 15,000 ft
in size. So um the applicant also contends that the AR zoning district as
it were with a requested change uh for the resoning will provide a transition
between the AR20 lots to the south and the AR lots that will remain to the
north of the property. The planning commission did find that
yes there have been sewer upgrades in this particular area and the city droad
is also working on other uh sewer infrastructure expansion in the in the
area. Generally if you don't have seawward the lots need to be minimum 1
acre and in some cases one and a half acre in order to have sufficient area
and it's duplicate for subsurface seawage disposal. But once sewer lines
are extended to the area then that makes it possible for the lots to be less than
1 acre in size. So we have had that sewer infrastructure upgrades that is
going on in the area of the property. Uh secondly, there have been a number of
reasonings that have moved this area from a predominantly agricultural area
to a development in character that is more of suburban. Sub urban residential
development involve lots that are minimum 6,000 square ft right up to
about 30,000 square ft. We mentioned the center here retreat
subdivision to the south and you also have
the center hill plantation to the west. This area has lots ranging from about
12,500 square ft to 40,000 square ft in the center he plantation. So those
are that's a change that has occurred in the area with regard to resoning just in
the last 20 years with regard to whether there is a public need for this
reasoning. The applicant submits that the reasoning addresses a continuous
demand for single family residential lots in the city and it will provide for
the more efficient land use pattern that minimizes sprawl and it's also
consistent with the comprehensive plan. The comprehensive plan of the city
articulates the public needs of the area as has been determined by the board of
adan. Comprehensive future land use map in the comprehensive plan designates the
property as suburban neighborhoods. The requested reasoning aligns with the
future land use map classification of the property and as such it meets the
public need criteria. The planning commission at its meeting on July 14 did
review this application and determined that the character of the area has
changed in the last three decades from agricultural to suburban residential
land uses following the extension of public seoning and development of
multiple passes in the area and that the reasoning of the property to R1 will
align with the comprehensive plan 2040 designation of the property as suburban
neighborhood. As such, it unanimously voted and recommended that the board of
adaman reszone this property from its current AR district to R1 single family
residential. That concludes staff's presentation. Thank you.
» Thank you, Dr. Song. Board, any questions regarding the staff report
before the applicant is afforded an opportunity to come forward. Any
questions?
Hearing
none, Mr. Smith or anyone would like to speak to this for the applicant.
Good evening, mayor and board members. My name is Greg Smith. I'm with Civil
Link Engineering and I am representing the applicant here tonight. Uh staff's
done a great job of explaining what we're trying to do here, so I won't
repeat much of what he said. would like to point out that we are in conformance
with your future land use plan which slates lots anywhere from 6,000 to
30,000 square feet. We're asking for an R1 zone which is a minimum of 125 but
we're proposing 15,000 and larger. Some of the lots I think there's one lot as
large as 2 acres on this thing that that you'll see later on should this get
approved. Uh we feel like that we substantially approve um approved public
need and change in the neighborhood that uh the staff has mentioned today and um
we're just asking for a favorable consideration and I can just answer any
questions you might have about it. >> Thank you Mr. Smith board. Any questions
from the applicant? Any questions for Mr. Smith?
» Hearing none. Thank you. Yes sir.
» Questions, discussions, or motions?
» Oh, this is public hearing. Thank you. This is this is a public hearing as
well. Is there anyone here to speak as a proponent you are for this application
or an opponent that you're against this application? Anyone scheduled to speak
for or against this application?
Final opportunities hearing and seeing none public comments is closed.
» Board any questions, comments, discussions, or motions.
» I make a motion we approve it. >> Mr. Collins, motion
» presented >> to approve as presented.
» Second. >> Second, Mr. Gamage.
Any discussion? All in favor?
» All opposed? Motion carries. Item two, public hearing
for consideration of application to amend the project text for Marqu Marque
Manor at Robinson Crossing submitted by Bobby Britain Dabs Cannabis Dispensary
on behalf of property owner Manver Singh Singh Development Incorporated. The
subject property is suite 125 at 5025 Church Road East within zone 8 of the
Marquette Manor at Robinson Crossing zone PUD plan development unit and is
located on the south side of Church Road East just east of Pleasant Hill North.
The request is to add medical cannabis as a permitted use in this unit. And
before we start this uh staff report, if anyone hears to speak on any items
tonight, any public comment items tonight, please complete one of the blue
cards at the rail uh in the front of the courtroom and give that to the clerk and
they'll pass the cards to me in a moment. Staff report by
Andrew's there, Mr. Thank you.
» Andrew Hawin. >> Yes. Thank you. The applicant is
requesting to amend an existing PUD to allow the new land use at 5025 Church,
Church Road East, Sweet 2025. And so that's highlighted in that yellow
u um outline right there. Uh this is near the intersection of Church Road
East and Pleasant Hill Road northwest of the Margaret Manor neighborhood. The
existing land uses in the commercial spaces include a restaurant, a vape
store, a nail salon, a barber shop, an insurance office, and a liquor store.
So, that's currently what's in the area. So, um, starting with the state distance
requirement, state law requires that cannabis dispensaries cannot be located
within 1,000 ft of the nearest property line of any school, church, or child
care facility. this proposed location uh satisfies this requirement and as you
could see the radius is there on the screen. So, uh, going into the the city
specific requirements, section 14 of the schedule of district regulations in
article 5 of the city zoning ordinance describes the purpose of the PUD
district. And it's so that um, this custom zone can provide for the
development of planned total communities that provide a full range of residential
types as well as certain commercial, office or light industrial uses designed
to serve the inhabitants of the districts. consistent with the
comprehensive plan. And so when someone submits a PUD application, um they have
to present a list of permitted uses within each planned unit development and
um that will be um ultimately approved by the board of alderman. So saying that
this has already been um submitted previously
um as a PUD reszoning request. Um now the applicant today is essentially
resubmitting that same application but requesting to add one land use and that
is the um the retail of um medical um cannabis. And so here from that old PUD
document, uh I took a screenshot where it has all of the uh zones that they
have described laid out with um particular uh land use um prescribed
land uses. And so they are going into what the original application calls zone
8. So, as you can see here, they're just requesting to add
they're requesting to add the medical cannabis dispensary specifically in
suite 125 at um in in that um retail bay. So,
um that concludes the presentation. Um planning commission did um recommend
approval 4 to one. Thank you. Thank you, Mr. Tensentock. Board, any
questions on the staff report?
Does the applicant or applicant representative wish to add anything?
» Hi, Amy Silio1201 Old Goodman Road. Um, I do have some
handouts. Would it be okay to approach?
Thank you. Good evening [clears throat] again. My name is Amy Silio. I'm the
vice president of human resources and development for DABS Cannabis
Dispensary. Dabs is a Mississippiowned, veteranowned company currently operating
26 locations across the state of Mississippi. One of them currently
already located in Olive Branch. [clears throat]
We are the we are the proud company we have built. More importantly, we
seriously we take the serious responsibility that comes with becoming
part of each community while we serve. Bear with me. I am used to speaking
about compliance to employees, not the city, but we'll get through it.
[clears throat] I want to keep my comments tonight
focused on the purpose of Margaret Manor's project text and one simple
question. How will allowing dabs at Margaret Manor improved this development
in the area of Olive Branch? Before I address that, there is one important
piece of the context I'd like to point out. When Margaret Manor project tax was
adopted, the Mississippi Medical Cannabis Act did not exist.
There was no legal medical cannabis program for the project text to
contemplate. What the project text did contemplate
and already allows our retail and healthcare uses. Today, Mississippi
Medical cannabis program brings those two together.
I want to emphasize one word tonight, patients. The people we serve must have
a qualifying medical condition, receive a medical recommendation from a
certified physician or nurse practitioner, and then be approved by
the Mississippi State Department of Health before they can participate in
this program. They are recognized by the state, the DEA, and us as patients.
This is a highly regulated industry. In addition to the oversight through the
Mississippi State Department of Health, dispensary is regulated by the
Department of Revenue through ABC. And I'm happy to say that DABS has actually
completed all 26 applications as well as completed all of our DEA audits.
[clears throat] The regulatory environment today is very
different from the one that existed when Margaret Manor text was written. We
aren't asking the city to change the original vision for Margaret Manor. We
are asking the project text to recognize a legal, highly regulated healthcare
retail use that did not exist when the vision was created. I think the best way
to determine whether DABS belongs here is to look at the standards of the
project text itself that have already been established.
It says development within Margaret Manor should provide supporting
neighborhood services, enhance surrounding property, reflect
sensitivity to adjacent land uses, encourage the highest quality
development, create a unique sense of place. Those aren't standards we created
for this presentation. They are standards established for Margaret
Manor. And tonight, I'd like to show you
specifically how DABS is committed to improving each one of them.
The [snorts] first one, we will improve neighborhood services.
The first goal is to provide supporting neighborhood services. This is an area
[clears throat] where DAPS can make a real and
measurable improvement. There is currently no medical cannabis dispensary
serving the west side of Olive Branch. Our patient data demonstrates that the
need is already there. Our current Olive Branch location serves
more than 3,800 patients in total. 1,66 of those patients live in Olive
Branch. >> How many? [clears throat]
» 1,66 of our patients actually live in Olive Branch South. Yes, sir.
[clears throat] >> 453 come from South Haven. And I want to
point out this is only our Olive Branch location where our patients come from.
Um 453 come from South Haven. five uh 358 Balia, 244 Hernando,
157 Horn Lake, uh 113 Nesbbit, and 108 Holly Springs.
[clears throat] These aren't projected customers. These are patients who
already travel to Dabs and Olive Branch for their healthcare needs. And access
is especially important when we consider who these patients are. Approximately
85% of the patients we serve are over the
age of 60. [clears throat] Many people don't
realize that these people are living with debilitating conditions, serious
illnesses, and terminal diagnosis. For these patients, improving access
isn't simply about convenience. reducing how far an elderly patient or
someone battling a serious illness [clears throat] to travel for the
healthc care matters.
[clears throat] So when we talk about how this amendment can improve
neighborhood services, we aren't talking about creating a service and hoping
people use it. The patients are already here. The need is already here. What we
have is the opportunity to improve access
at DAB's location at Margaret Manor [clears throat] would would improve
access for more than a thousand Olive Branch locations we already serve while
also providing more accessible westside location for hundreds of patients
already traveling into the Olive Branch area from surrounding communities. At
the same time, it gives those patients another reason to come into this area of
Olive Branch in particular where their visits can benefit other businesses
located within and around Margaret Manor. We improve neighborhood services
by bringing an existing needed health care service closer to the patients who
already depend on it. We improve Margaret Manor by bringing an
established patient base and additional activity into this part
of the city. Number two, we will improve and enhance the surrounding property.
The second goal of the project text is to enhance the surrounding property. For
DABS, that means something very simple. The property should be better when we
are there. DABs has committed to improving the property, not simply by
occupying the storefront. We have committed to maintaining a clean
professional exterior and investing in the landscape and exterior improvement
that will improve the the appearance of our location and complement the
surrounding development. We have also committed to improving security beyond
our own front door. [clears throat] Doubs will extend our exterior
surveillance coverage beyond our immediate storefront, including
towarding toward the neighboring area near Pop's convenience store. We know
that there was a robbery at POP several years ago and while that incident was
some time ago, it's one reason to believe our security investment can
provide a benefit beyond our own location. And we've actually been able
to assist um the police in our current location in Olive Branch um with with
incidents that have happened along Goodman in front of our store as well as
next door at Firehouse um and a few other things that have happened. We are
more than happy um to provide more security for the area
[clears throat]
by intentionally positioning surveillance to provide additional
coverage of the surrounding area. DAPS can help improve visibility and security
for our neighbors as well as our own patients and employees. We understand
that becoming part that becoming part of Margaret Manor also means accepting
responsibility for contributing to the quality of the overall development and
we are committed to doing that. DAPS is committed to improving the appearance of
the property, improving security and contributing to the overall quality of
Margaret Manor. Our standard is simple. If dads be if DABS becomes part of
Margaret Manor, the property and area around us should be better because we're
there. This is how we enhance the surrounding property.
[clears throat] The third, we will improve through
thoughtful integration. The third goal of the project text is to reflect
sensitivity to the adjacent land uses. To us, that means understanding that we
aren't just investing in our own storefront. We are becoming part of an
existing development and our responsibility is to improve the
environment we share with the business around us. Dabs is committed to being
intentional about how our location fits within Margaret Manor. Our landscaping
and exterior improvements will complement the development. Our
expanding surveillance [clears throat] will provide additionally additional
visibility beyond our storefront and the professional standards we maintain of
our location will contribute to the overall opinion, appearance, and
atmosphere of the property.
We want the businesses around us to benefit from having dabs there. Our
current Olive Branch location established a patient base for more than
3,800 people. A westside location gives us an opportunity to bring some of those
patients into Margaret Manor, introducing them to not only Gabs, but
to the businesses around us. We want our patients to discover those businesses.
We want our presence to contribute to the activity within development and we
want the investment [clears throat] we make in our in this property to
contribute to the experience of everyone who works, shops or visits there.
That is what sensitivity to adjacent land use means to us. Recognizing that
our success should contribute to the success of the development around us. We
aren't coming to Margaret Manor simply to look for a place to operate. We are
coming with a commitment to be a good neighbor, make meaning meaningful
improvements and become an asset to the business and properties around us.
Number four, we will improve the quality of the
development. The fourth goal of the project taxis is
to encourage the highest quality development. I think this is one of the
most important things we can offer the board tonight [clears throat] and that
is you don't have to speculate about the quality of business DAPs will bring to
Margaret Manor. We can show you. We already operate 26 locations across
Mississippi and have established standards for what DAPs location should
look like, how it should operate, and how it should represent the community
around us. Our locations are designed to provide professional healthc care
focused environment that is clean, secure, attractive, and professionally
maintained. We invest in the appearance of our property's landscaping technology
and extensive security systems. We even position our computer monitors so that
patients can see what our employees see during a transaction because
transparency is part of the standard we expect.
But the quality of a development is more [clears throat] is more than what you
see from the outside. It's also the quality of the business operating
inside. DABS has established companywide [clears throat]
standing standard operating procedures, operations manual, employee handbook,
structured employee training, and ongoing leadership development. Our
locations are subject to regular compliance audits by their directors
each each month. We continually train our employees and leadership because
maintaining a high quality operation requires more than just opening doors.
It requires continually maintaining the standard. Our investment in security is
extensive. Our products are laboratory tested accompanied by certificate of
analysis and tracked from a seed to sales system through the [clears throat]
Mississippi regulated system. We heavily invest in our people.
We believe quality development should create quality employment and DABs has
made competitive wages. We actually have the highest wages in the state.
[clears throat] Um employee development and opportunities for advancement are
part of our investment in the communities where we operate.
These are not things we are we are proposing to someday create for Margaret
Manor. They are standards we already operate under today.
State regulation establishes what we are required to do. DABS establishes the
standards that we expect oursel of ourselves and we are committed to
bringing that same standard to Margaret Manor. When the project text calls for
the highest quality development, we believe that means attracting businesses
that will invest in their property, invest in their employees, operate
professionally, hold themselves accountable, and continually work to
improve. That is the kind of business DABS has already built and that is the
quality of development we are committed to bringing to Margaret Manor.
And the last one, we will help improve and create a unique sense of place.
The final goal of the project text is to create a unique sense of place to dabs.
A sense of place isn't something a business creates by simply putting up a
sign or improving a building. A sense of place is created when businesses become
invested in the people and the organizations that make the community
unique. And in Olive Branch, we have already
started to do that. DAPS has made monetary donations to the local American
Legion Hall, supporting an organization that serves veterans and the families of
this community. But that relationship became more became more than a donation.
» [clears throat] >> I was invited to speak with local
veterans to provide education about cannabis and the medical cannabis
program. I also understand that a young lady uh from Olive Branch had the
opportunity to represent Mississippi in Washington through the American Legion
Auxiliary Girls National Program. That's a great example of why we believe
supporting local organizations matters. The impact
those organizations make reaches far beyond any one donation
and our commitment isn't limited to one donation or one type of cause. We see
tremendous value in supporting many different types of organizations because
every community has different needs. During Christmas, we we have held toy
drives to support local families. When we learned about individual families or
in Olive Branch who were struggling or needed help, DAPS has donated directly
to the members of this community. Across our company, the same philosophy has led
us to support veterans, law enforcement, and first responders, animal shelters,
blood drives, children's organizations, community cleanups, family in need, and
other local causes. We don't believe community involvement should fit into
one category. We believe in identifying where we can make a difference and
showing up. That is creating a sense of place for us. It means knowing your
community around you. It means participating in it. It means supporting
the organizations that it serves and it means recognizing when someone in that
community simply needs help. We are already doing those things in Olive
Ranch. Margaret Manor gives us another opportunity to deepen that commitment
and improve our connection to the west side of this community.
[clears throat]
We want to invest in the people around it because when business because when
businesses invest in people, organizations, and needs of the
community around them, they don't simply occupy a place. They become part of what
makes it special. [clears throat]
I want to close by going back to the first question I asked at the beginning.
How will allowing dabs at Margaret Manor improve this
development in the area of Olive Branch? I believe we've answered that tonight.
We will improve neighborhood services by bringing needed healthcare access to the
west side of Olive Branch, particularly a patient population that is
overwhelmingly over the age of 60 and includes people living with debilitating
internal dis illnesses. We will improve the surrounding property through the
commitments we have made to landscaping, exterior improvements, professional
appearance, and security that extends beyond our own front door.
We will improve the environment we share with adjacent businesses by being a good
neighbor, bringing an established patient base to the development, and
making investments that contribute to the success of the area around us. We
will improve the quality of the development by bringing a proven
Mississippi company with established operating standards, extensive training
and oversight, strong security, quality, employment, and a commitment to
continually raising the standard we expect of ourselves.
And we will improve the sense of place by continuing what we have already
started in Al branch. Investing in its people, supporting its organizations,
helping its families, and showing up when the community needs us.
Those are the five goals established in the Margaret Manor project text.
[clears throat and snorts] And DABs approves each one of them.
We are simply asking for an opportunity to bring that same commitment to the
west side of the city. If you approve this amendment, our commitment to you is
simple. Margaret M. Margaret Manor will be better if we are there. We will
enhance Margaret Manor. We respectfully ask for your approval. And now I can
check this off my bucket list. Thank you.
» Thank you. Thank you, board. Any questions of the applicant? If I'm not
mistaken, your location on the east side is at Hacks Cross at the Solar Road.
It's on Hacks Cross. Correct. >> It's um on the It's It's actually on off
of Old Goodman Road. It's a little past Hack Cross. It's right next to um
Firehouse Subs. Domino's.
» Okay. Have you served what like 3,800? You said 3,800 patients so far?
» Yes, sir. >> Okay.
» We've we've been there um it was two years in July.
» Okay. >> Yes, sir. Is this number 85% of patients
over age of 60 is that consistent in other counties and statewide or is that
unique with this area? >> That that is that is definitely um our
experience statewide. >> Okay.
» If you if you pull um I believe the Mississippi State Department of Health
also has a breakdown by age group. If you pulled that information,
» okay, >> you can see it there as well. Is that
one of the requirements if you go in there what age you are
» or you have to I show you I do. >> Yeah. Um so to before you to get your
permit you have to be um 21 years old. Okay.
» With two doctor recommendations. If you only you have to wait until you're 25 if
you want to only have to get one doctor recommendation.
» Okay. >> I wonder how you came up with the 85%
over 60. Are y'all collecting that data? So 85%
of those 3,800 people are over the age of 60 that have come to visit us.
» I think his question >> I think his question is how do you
collect that? How do you obtain? >> We have a a point of sales system where
we have to enter all the patient information when they come in and it
it's it's just like a doctor's office that we have to include all of your
personal information, your patient number and it actually connects to the
state system and so we have all of that information in our system. Okay.
» Yes, sir. [clears throat]
» Ma'am, I had two quick questions. I'm sorry I didn't I didn't catch your name
when you first started. >> My name is Amy Silio.
» Amy, thank you. >> Yes, sir.
» Um, you operate 26 locations in the state of Mississippi, right?
» That's correct. >> And how long has DABS been in business?
» Three years. >> Three. Okay.
» Yes, sir. >> How many employees do you have?
» Almost 200. >> 200.
» 200. Yes, sir. We'll actually be opening in Oxford, so we'll be on Monday.
» Okay. >> We'll be adding to that as well. Are you
operating in any other states or just Mississippi?
» No sir, we are only Mississippi and we our our owners um Tony Wallace and Bobby
Britain um are Mississippi uh gentlemen and will not go out of Mississippi.
» Okay. Thank you. >> Yes, sir.
» Additional questions.
» Thank you.
This is a public comment item, but I do not see any comment cards. But is anyone
here to speak for or against this proposed application?
Seeing none, public comment section is now closed
board. Any discussion, questions or motions?
I'll make a motion to approve as presented.
Motion to approve as presented by Alderman Dickerson. Is there a second?
» Second. >> Second. Alman Earhart. Any discussion?
All in favor? >> I.
» All opposed? >> No.
» Eyes have it. The motion carries.
Next item, please. Public hearing for consideration of
appeal of board of zoning adjustment decision
regarding application for a conditional use permit submitted by Greg Smith of
Civil Link on behalf of property owner CIP LLC. The request is to permit a
dropyard facility to be constructed for a period of 10 years. The 35.0 0 plus or
minus acre subject property is zone M1 light industrial district and is located
on the west side of Ross Road and on the north side of Nail Road. Staff report
please uh Dr. Song. Mayor Adman before you is a request to consider an appeal
of a board of zoning adjustment decision as you did uh mention
regarding a drop yard at this particular location. So this is N road. [snorts]
This is highway 305 and this is N road. So the property
you're looking at is actually a combination of a number of existing
parcels. It is not a platter lot. There are multiple parcels which put together
make up that 35 acres and it's right there at the end of the improved uh
section of the ride of whale of N road. Just south to the piece of property is
an industrial warehouse. Uh FedEx is at this location. GXO is right here. And to
the north of the property, you have West Sandwich Road and their residential
developments in this particular area. So there's a general area in the city that
we're looking at with regard to this request for a conditional use permit for
the dropyard in the M1 Light Industrial District. So the property is zoned M1
light indust light light manufacturing or industrial district. It allows dropy
yards as a conditional use. What this means is the applicant must go to the
board of zoning adjustment and get approval for a conditional use permit.
To get that approval, the applicant has to meet all the general conditions for a
conditional use permit. But also dropy in the M1 and in the M2 district have
about nine very specific conditions to them that the applicant is also required
to meet all of them. So they are the general five or seven general criteria
for a conditional use permit and then they are the specific criteria for the
job just as we have specific criteria for things like convenience stores with
fuel pumps or or truck stops in the city that the applicant is also required to
meet all of them. So the request before you basically this is an appeal of the
board of zoning adjustment decision. The applicant had requested
to construct a 252 parking spot dropyard will be a 24/7 operation valid for 10
years at this particular location. This is the site plan that was proposed. The
board of zoning adjustment reviewed this application at its meeting on June 11,
2026 and determined that the applicant had not met all the conditions of the
conditional use permit. As such, the board denied the application. The
applicant appealed that decision to you within uh the 10 days appeal period.
When appeals of board of zoning decisions are brought before the board
of arament the board years that application are fresh as if nothing
happened at the board of zoning adjustment. Basically, as such, the
presentation before you will go through the same conditions of review that the
board of zoning adjustment had and present why the board of zoning
adjustment made the decision that it made it made and the board of man will
have the opportunity to make its own decision that will either override or
sustain maintain the board of zoning adjustments decision. The applicant has
to prove the burden of proof is on the applicant and the applicant has to prove
that all conditional use permit criteria stipulated in the zoning ordinance with
regard to drop yards have been met. So the question before the board really is
have all those conditions been met. The first criteria is whether the proposed
conditional use will adversely affect the character of the area. This is the
subject property under consideration. There are two main elements or three
that define the specific character of this area. You've got the industrial
piece. So there's an industrial character
element to this. So I did mention you have FedEx here.
You have the ID industrial warehouse building all of those to the south. You
also have adjoining this piece of property to the north single family
residential homes. So this area in yellow contains single
family residential homes. The board of zoning adjustment did look
at this particular application along craft. This is the location that
has been proposed for the career tech. The board of zoning adjustment looked at
this particular application and determined that while a dropyard may be
fitting in the character of an industrial area in the sense that it may
take businesses, you know, you have trucks going into an industrial park, it
may provide an area additional area for those trucks to park. Locating a truck a
a a drop yard basically in the backyard of a single f of single family
residential development is not appropriate.
Uh there is not an area in the city where you have a dropy yard directly
behind single family residential homes. That was the determination of the board
of zoning adjustment with regard to the character of the area. If the property
were totally surrounded by industrial uses and you had no residential
development out there, it could be appropriate. when you have trucks going
in in a 247 operation, you have the beeping sounds, the noise and all of
that that is not conducive for residential living for example. So that
was a determination that board of zoning adjustment made. The second is whether
the proposed conditional use will overt tax public utilities or community
facilities. Water sewer is available in the general area of the property. The
board did not determine that it will overt tax any of those utilities.
Whether the proposed conditional use will substantially increase traffic
congestion or other hazards. This was a question that the board wrestled with in
the sense that although you have this in an industrial area, is it the case for
example that traffic for trucks going down on 305 entering into particular
this intersection could increase in any significant way because of additional
trucks. You have 254 parking spots that will be accessing uh going down on 305
going in on nail to park at this particular location. Basically one way
in one way out is this is this there was no traffic studied in front of the board
of zoning adjustment that made the case um against any kind of increase in
traffic. It is certain that of course there will be trucks there that are
already possibly using that industrial park that you can have additional trucks
just as you have in other jobs in the city along highway old highway 78 for
example. There are jobs there and trucks constantly go in and out simply because
they want to use a job. They are not going to any of the industrial
buildings. The fourth is whether the proposed
conditional use will increase the danger of fire, flood or otherwise endanger the
public health safety or general welfare. The character of the area falls into the
general welfare argument and I will also touch on this on one of the specific
conditions that applies to the state of roads and the general welfare of the
city when it comes to jobyards in general.
with the proposed conditional use substantially diminish or impair
property values of adjacent properties or the neighborhood. There was no
evidence submitted by the applicant in front of the board of zoning adjustment
to the contrary and the board was concerned that would drop yardage behind
single family residential homes. That is concerning
with a proposed conditional use comply with the recommendations of the
comprehensive plan 2040. The comprehensive plan designates the
property as industrial distribution. Industrial distribution of course can
include industrial warehouse buildings. Doesn't necessarily have to be uh
dropyards. A dropyard of course is an industrial operation. It would align
with a comprehensive plan. But a comprehensive plan is not limited. The
board found uh only to drops. You could have other industrial distribution
buildings at that particular location. And there is sufficient land area for
example in this particular area where you could put up a building and be
outside of the ditch.
With regard to specific conditions that are applicable to tractor trailer
storage yards in the M1 zoning district, not M2, please this should be M1. It's a
typo. Uh district with regard to those specific conditions that are applicable
to jobyards. The applicant shall submit a development plan for approval
conforming to the requirements of the design review ordinance except as the
requirements of that ordinance may be amended by the specific provisions. So
this is a site plan that was submitted by the applicant. It did show so the
area the dark area here those that is basically the drive aisles and all of
those lines those are the five 252 uh parking stores. So this is proposed
to be paved initially while the parking stalls are proposed to be gravel and to
be a different surface not paved uh surface and then um fully paved over
time. 24-hour
uh on-site management shall be provided located in a permanent building
conforming to the requirements of the design review ordinance. The board of
adjustment may wave this provision upon the applicant demonstrating that
alternate management and security provisions will be provided. Most of
these dropy yards these days really do not provide an office building in the
front that is managed with a guard because these days you can have cameras
and monitor them from anywhere. That's that's the way most of them operate and
the border zoning adjustment took that into consideration.
All areas used for access, maneuvering, standing, parking and old display of
vehicles, trucks, trailers, heavy equipment and cargo containers shall be
paved. This is mandatory. It's a shall shall be paved with Portland cement or
asphaltic concrete surface. The zoning ordinance is very specific on how this
has to be done. Uh it was found the board of zoning adjustment determined
that the applicant did not meet that requirement.
Fifth, the party conducting the use shall be responsible for any off-site
improvements, water, sanitary, sea wage, drainage or road improvements as
determined by the city engineer required to make the subject side usable for the
proposed use. The fire department reviewed this application and determined
that for this number of um truck parking spaces, it would be necessary to have
fire hydrants out there. If you had a situation where any of those trucks
caught on fire, you you will need to have fire hydrants installed across this
particular piece of property. The site plan did not include the provision of
those utilities
with regard this condition is important. The party conducting the use sha shall
submit a performance guarantee acceptable to the city in an amount and
for the time period established by the city engineer to guarantee that the city
streets are properly maintained to city specifications as long as the proposed
use is operated from the subject site with the permission of the mayor. U this
is a letter that the mayor had sent out to the board and it was also available
to the board of zoning adjustment back in 2024. It was available to the board
of zoning adjustment at the time that the board reviewed this particular
application. It beautifully analyzed the impact of tractor or dropyard on public
streets in the city and what general welfare benefit that has or does not
have to the city of Olive Branch. Uh for example, large trucks damage the streets
of Olive Branch. service made of the streets where drop lots are currently
located and adjacent streets reflect damages likely made by heavy loaded
trucks. Loaded trucks weigh approximately $80,000 and damaged
streets. In the last 24 months, if you look at 2024, the city has spent spent
over $12 million res resurfacing roadways, have a multi-year plan in
progress to continue resurfacing streets and additional damages to to to the
streets which was just not called for.
The subject side shall not be visible from any adjacent public street or
residential area. If it is adjust visible then the applicant is required
to provide a 20 ft high bum to buffer the residential area or the street from
the dropyard. They exist a bum on nar road. So it is more than 20 ft high.
From near road you'll not be able to see the trucks parked on this particular
piece of property but from the residential area to the north it will be
visible and the site plan did not include such a 20 ft high bum.
The board of zoning adjustment therefore on June 11, 2026 reviewed this
application and determined that all the criteria have not been met. As such it
denied the request based on two main elements. One adverse impact on
character of the area with regard to the residential area to the north. You also
have a career tech proposed within that particular area beautiful building and
the board wrestled with a question of um should you have a building with this
aesthetic looking this way and then within the
same general vicinity you have a dropyard. Secondly, the nonconformance
with the zoning ordinance, the design review ordinance. There are a number of
elements in there that the plan submitted to the city did not meet those
elements with regard to the paving of the the the dropyard of it has to be
paved. Provision of the bum, non visibility from the residential
area, landscape plans and fire protection measures. These were not
provided to the board. the recommendations before the board of
adamant. The board has a number of options that it can consider. The first
is upon finding that all the criteria of the conditional use permit application
have not been met, the board may affirm the decision of the board of adjustment.
Secondly, upon the board of adamant's finding that all the criteria have been
met, the board may approve the request for a conditional use permit at this
particular location for the 10 years or less. The board has the option of
reducing the number of years if the board so desires subject to a number of
conditions uh 1 through 10 as provided hearing. That concludes staff's
presentation. Thank you. >> Thank you Dr. Song. board. Any questions
regarding the staff report? >> Thank you.
» How close are how close are they to the homes on Ross
and uh Sandage? Don't they back right up to it?
» The the ones on Sandage will back right up to it.
» And there's already noise complaints from the warehouses there.
» Yes, sir. The ones on Ross, we get noise
complaints all the time, especially from this warehouse. And it's across the
pasture and down the hill. >> Yes, sir.
» All right. Thank you. >> Any additional board questions?
» Does applicant have anything else to add?
Mayor, mayor and board, Bryant Cashen, A1, Highway 305 South. I am representing
CIP LLC. I got to put my glasses on. I'm getting to where I can't see. Uh CIP
LLC, that is uh Mike Bailey, uh the widow of Bill Pass and the widow of
Jimmy Eubanks are the owners as as well as myself. Uh we are asking for this
drop zone and if you look at the the map, it would be perfect if we could fit
a warehouse on this piece of property, but this it is we have a ditch that goes
through and it is a logistical nightmare to try to get a warehouse into this
piece of property. I do believe through my conversations with some of the
members of the city that the conditional use for a dropy yard is so that the
board could maintain where these went in M1 zoning and across the city. And to uh
Song's point about road and road damage, the letter that was sent in 24 by the
mayor to the board, I do believe that the city received approximately $2
million to build that road, nail road to to standards to uphold truck traffic
specifically for the FedEx place. And I can be corrected if that's not true, but
I'm about 100% sure that the city received a grant to build that road, two
truck traffic standards. U we talked to uh a couple things about
the the properties to the north on Ross Road. I know it's in the deal that says
that uh property values could be affected. uh we talked about that in the
board of adjustments. There is no data that the city has provided through the
planning department where this is true. However, to the contrary, I have from in
my hands from the DInnesota County Tax Assessor's uh office 7679 Sandy Road. I
will not name the name of the lady that owns it. In 2021,
her tax bill was based on a $67,000 value. And the assessor's office has
assured me to make sure to assure you that this is not true market value, that
it is some percentage less than the market value. Thank goodness for all of
us on that. As of 2025, that same piece of property now uh
through the 2025 tax role is valued at $96,000.
We also have one I know that we talked about over on uh the street here by the
warehouse that comes down uh I don't have a pointer to point to it right
there beside the warehouses 5760 Ross Road it in 21 had a tax valuation of
$48,000 compared to 2025 of 70,000. So we have
there is like I said no actual data that supports the home value could be
affected by this. If there would ever have been a home value issue, it would
have been the day that this property was zoned M1 because with within the M1
zoning, and I know you all are familiar with this, and I I can I'm will point
out a few things from our our viewpoint, uh things that can go on this piece of
property that does not require any of your permission.
Manufacturing. So we could build a small manufacturing building on this property
and have 282 parking spots without anybody having to approve that. So
unfortunately nobody's going to need a manufacturing with 282 parking spots,
but that legally could happen if we foresee to do that. uh cannabis
cultivation and or processing facility, sexually oriented business including
strip clubs and adult stores. Uh
aluminum can processing and recycling and then numerous manufacturing that
would have some type of some type of noise going along with that that would
be hard to handle. So, I understand that we are trying to have smart growth, but
we also were looking to at a piece of property that currently the city is
getting hardly any tax revenue from. Through my conversations with Steven
Goat at the assessor's office, upon this construction starting, this property
will be assessed at somewhere between 40 and $50,000 per acre
as well as any structure built on it for the tax purposes.
Uh and as far as some of the the other things
that Assange brought up that where we have asked for some uh deviations from
the rag we are conceding to remove the compacted concrete to asphalt asphalt or
poured concrete uh agreeing to the 20ft burn
uh the landscape plan which is not required. ired for your for initial
approval. We will be more than happy to submit that for for final approval once
once approval is given. And we when we met with the initial meeting, we had
representatives from the fire department there and we agreed at that meeting to
pipe 8 in water pipe along with fire suppression systems all through this
development. So basically we are now offering for your approval to uh remove
some of the things that we were asking not to do the 20ft BM the
you know so that is I'm going to turn it over now to Greg Smith with Civil Link.
So if you have any technical questions unless you have a question for me
concerning anything that I've said here today.
» Mr. Cashion I I did have a couple. Thank you. Thank you for your comments and I
think your concessions are definitely warranted because they they were needed.
I I had a couple of questions though that if this were to be approved whether
it's here or another location. I know it's a 24-hour
station or proposed to be and it will be manned and secured. One of the questions
I had though will idling of the diesel engines be allowed because that's a
concern to me. I know I'm not a truck driver, never have been, but I do know
sometimes when it's cold or hot, they keep the engines running for air
conditioner and warmth when they sleep over.
» That's a noise issue and a a fumigation issue, if you will, a fume issue. So,
how would you address that? >> Well, first off, I'm glad you brought
that up because I if you noticed, I got all these little notes drawn and I
missed one and that gives me an opportunity to bring up a point of of
what this really is. When I say dropy yard, I I don't know that we're all on
the same page. What I don't know what all the definitions are. I know that
with planning has a a broad definition. What this is designed for this what our
intention is and we will put this in writing every how we want to how we need
to. This is not a day parking deal. This is not for someone to bring in
280 trailers and park them and leave them like we have in some parts of the
city. This is more designed for the individual that drives a truck that does
that lives in a subdivision in Olive Branch and doesn't have anywhere to park
his truck over the weekend. This is for someone to come in and pay us a monthly
fee to come in and park his truck or her truck, whoever it may be, and whenever
they need to get it, they can go and park their car, get in their truck, and
then leave and go work and bring us our goods that we all need. This is not This
is not a daily. This is not It's more I would say more on the lines of what you
see at Crow's truck stop which is just across the state line where he has some
700 spots that are full where people show up
on Sunday night. They get in their truck and they leave. They leave their car
parked there. They come back on Friday night, get in their car and go home,
visit their family and then they come back and and leave. So this So as far as
the diesel engines, I don't know that I can't sit here and guarantee that some
guy's not going to show up in February and crank his truck and let it run for
10 minutes. But I think uh based on the 25th foot BM and if you look and I don't
have a pointer and it's tough to do, there is a lot of ground
away from these these uh turnarounds between the homes. So by time you I
think the county I mean the city's ordinance requires us to do a 20 foot 20
foot burn with landscaping on top of that. So that's about as good as we can
get about monitoring that. >> But this is not a parking lot for
overnight stay. >> No it is not. No it is not. So it will
be it will be manned as far as the security part. It will have the
automatic. Everybody has been given go it would be given gate codes so we'll be
able to track who's coming and going license plate readers uh and may at some
point in time if we had to we could we would probably man it uh throughout the
night but uh we we do not look for this to be a comeand go everyday type
situation. >> Okay. Thank you. One other question. Um,
since it's open 24 hours, do you propose any limitation of someone rolling in at
2:00 in the morning and dropping their truck off or starting at 3:00 or 4 in
the morning, crank it up and leave? >> We would have the same regulations
probably as FedEx. >> Whatever time they get there, they're
going to be there and whatever time they leave, they would leave. I mean, they
can't we we wouldn't really have any control over that. nor does is there any
control over any of the other things in this in this in this uh industrial park
as are you aware of any limitations on hours at the FedEx facilities is that
247 pretty much >> as far as I I don't know I'm just
» FedEx is 247 sir but if you look at the location of FedEx it does not back up to
residential >> right
» so FedEx is kind of like isolated on its own um
it's a FedEx is a 247 operation and it's uniquely separated from anything
residential. >> Okay. Well, I would say too though this
this I don't know if you can see this, but all of this in here is buted up next
to residential and it doesn't have any any type of that I know of any type of
restrictions on time. Um, like I said, uh, this is a
conditional use and we realize why the conditional use is there, but I I don't
know that I think we can do everything we can to protect the the people that
live on Ross Road or Sandage Road there. But I think this is a a better option
for them and for us than some of these other things that are on the list.
» What kind of BM are you planning on putting up? Well, the
» is it going to be a brick wall or >> the rag is a 20 foot earthn BM? So, and
and and I I'm going to speak out of turn here, uh, Alderman Gamage, but I got
Greg here to back me up. So, if you do a 20 foot BM, so at the peak of the top is
20 foot from ground level, but when you do the slope off of that, it's about a
75 or 80 foot wide earthened deal. That would be let that will be at the top
will be a fence of course along with vegetation. So how wide would that be
Greg? >> Uh you're doing 3 to1 slopes you got 20
60 actually be about 130 foot. So it' be 130 foot wide with a 20 foot at the top
and then at the top we'll come in and plant vegetation on top of that I
believe is what's >> you know that's been a concern the
residents on Ross Road >> as Alman Wallace said you know they was
promised one thing and they have no way of keeping that noise off them at night
coming in bumping the docks and things like that. So, uh, one other question.
You know, you talking 2 >> 50
» 250. One way in, one way out.
» One, two ways in. One way in, two ways out.
» Okay. >> So, this, if you look right here, the
fire department, which we didn't want to do, and would love, if you could see
fit, to strike it from this, we'll be more than happy to take it out and put
some extra fire hydrants in there. But, we've got a Can you say that?
» I can't. I got it. I got to say, >> you got it. So that is a that is a
emergency only entrance there in case something was to happen. So if we we
don't want to put that in we don't want to touch any of that residential. We'll
put we'll burn the whole thing and and do whatever we need to do because that
is that is 250 ft of road that is basically a dead expense that we would
love not we would love not to touch Sandage Road.
» Yeah. I mean, you know, you if you was planning on connecting the egress
andress to console, you know, that's a that's not a truck
ride. >> No, no, that's just for emergency.
That's just for fire because they'll have a gate code. Uh I guess that's how
they do that. I'd have to check with the fire department how they'd want that.
But that's just for police, fire, and ambulance services to come into the
property. No one would leave there and unless it was an emergency of some sort.
» Okay. But like I said, if if there's a way that we can do it and we can up the
water or do whatever we need to do and cut that off right there to completely
cut that off from Sandy's Road, we would do that as well. Like I said, we're
we're we want to be good stewards of the city, but we have got to find something
that fits on this property due to how it lays. and this through our land plan uh
with Civil Link. This was the the best case scenario for what we could could
could do for this piece of property. >> Okay. Thank you,
» Mr. Cash. Uh you got a warehouse in front of this?
» Yes. >> Have y'all got their written permission
that have y'all approached them how much they would like this? Because this was
all was owned as a pud under warehouses and this is a change. to
to my >> He still own them,
» do I? Now, >> he doesn't own that warehouse, does he?
» No. No, that was I guess from I and I'm speaking out of term because I'm not
exactly sure who owns what through there, but my guess is that land was
sold from this group to IDI. They built the building and now they've sold it to
a I think it's Barrett Barrett Industry. So, you know, when I would tell you that
IDI has looked at this and has basically said they don't have a use for it
because I I again, I can't point to anything that that y'all can see. But
basically, right down this line here is a ditch that comes in and crosses
crosses right here. And there's no way, you know, unfortunately
10, 15 years ago, Mike and them had an opportunity to move that ditch from the
and and didn't realize that it was one of those things that they moved it. That
would be great. But that opportunity would go away when the administration
changed. And when the administration changed back and uh I forget which one
it was, but one of the one of the administrations changed that and now
they can't get any any uh clearance from the core of engineers to move that
ditch. So now we're stuck with having to work within it. Of course, we all know
that they probably didn't move it back in the day because it was expensive to
move a a ditch this size. But at the end of the day, they uh I would say they
felt like that if I got approval today, then that approval was going to be here
for for a while. And then if I ever find a company like IDI that could have can
build a facility here, uh they would come in and and move the ditch. And then
that didn't happen. >> Okay. Uh I understand what you're
saying. We went through a lot of this getting this resone and promote and
Yeah. I don't know if the IDI who bought that
thought it was going to be a drop yard. I don't know if the
residents thought it was going to be a drop yard.
Um [snorts] I I just And you're going to add what?
One employee or two employees? >> Sir, I didn't I don't
got to be minimum employees. >> How many employees would staff?
» It would be limited. >> Can't be many. It wouldn't be many at
all. It' probably be some part-time help to come through and check and make sure
that uh there's no garbage and things are cleaned up, but minimal employees.
» Yeah. Normally I'm for business, you know, that I I don't know how it really
helps the city us doing it and a bunch a lot more trucks. Well, I would say that
that I would say from from my standpoint uh and CIP standpoint,
uh hopefully the city and it's it's one of those deals. It's kind of like the
the the planning department's uh allegation that this is going to hurt
property values. This is me pulling it out of a hat, but you know, if you have
252 people pulling in at late at night at a truck stop, pulling in in a truck
that's got to park it, their meter stops when they turn off a 305 on the Sandage.
So, they can drive up to that 10 hours and as long as they can get off of
Sandage, they pull right in the QT, fill up with fuel, get a cheeseburger, piece
of pizza, go park their truck. When they leave, they hopefully maybe stop back by
there and get gas. You know, that's where the city I think not only is there
going to be some se some property tax increase, but hopefully you're going to
have some sales tax off of fuel and other things that are done there. Now,
that's can't justify it. I can't prove it, but can't prove that it's not going
to happen as well. >> Okay.
» Like I said, we're just trying to find something that will will fit and and and
we've got, like I said, two >> I I understand what you're trying to do.
» Yeah. >> I just have some
apprehension about it. Sure. [snorts] >> Thank you.
» Any additional questions of the applicant?
» I have one question. >> Okay.
» You've agreed to do the burm and and the concrete and everything.
Why didn't y'all agree to do it at the board zoning adjustment?
You wouldn't have you probably wouldn't have got turned down. So now
» Well, no. No. What? So, so it's uh really to be quite honest with you,
we're unprepared for what we got at the board of
adjustments. We were not, we did not think that what we talked about was
going to be that big a deal until we got here the night of and saw and then uh
did not realize that in the board of adjustments packet that we were not
provided was a letter that the mayor wrote saying basically
turn this down because we're not going to get any benefit out of it. And we
really kind of walked up against a loaded gun just right out of the gate
with the board of adjustment. >> The letter had nothing to do with
» worms and concrete. Well, we talked through the concrete and you know, to be
quite honest with you, uh didn't really think that what we were offering was a
big deal. Our original meeting with the mayor and a song uh song basically is
the one that told us that, hey, this thing was put into place 20 years ago to
discourage people from doing it. And if you want to try to do something
different, put us together a plan. Uh we did and it failed miserably. So
that's why we have have you know 100% failed. So
» and and just for full transparency that letter uh ladies and gentlemen was a 24
letter regarding not this drop lot or truck yard but any drop lot or truck
truckard that brings a high number of trucks in that damage our streets and
the city gets little to no tax money. is usually a guard at a co at a metal
building and some of these are down to 10 and $12 a night. A very cashrich
business and I doubt the city sees a lot of the tax dollars and that was my
stance in 24. Not particularly about this site, just any sites because we've
got enough trucks in and out of this area. That's true.
» But it wasn't specific just to this one, Mr. Cast.
» No, I understand. >> Any additional questions? I don't I
don't know that um this necessarily going to hurt the property value, but
» the information you provided was based not based on the
value increasing of the house, but the appraisals that happened statewide.
» Correct. >> That that had nothing to do with
anything, you know, whether the property has gotten better because of M1 or M2 or
whatever. That's just everybody's went up. So,
» Well, that's true. >> Okay.
Brian, some of these things that were required by the board of zoning
adjustment and Dr. Hassong and stuff were just the standard.
» Sure. >> Understand things. They were just
standard. >> That is true. 100%. And we we we tried
to uh put together a a plan that we felt like was better. And like I said, so
that's kind of why we have realized that if we want to get this approved and this
is the place to to, you know, to say, hey, we were wrong and this is what we
can do. And there again, if uh if the board sees fit to prove it, great. And
if they do not, then we'll go back to the drawing board and try to come up
with something. But I don't know that what I come back with, one, that you'll
ever see it, and two, that you're going to like it. So I I don't I don't know. U
you know it is what it is and uh but one thing I will say and there may be a
hundred people here today against it but the board of adjustments who got the
same letter and notification not one single person showed up.
Not one single person on Sanage. Not one single person on Walsh. Not one single
person out of Cedar Creek Cedar I mean Cedar Creek Cedar Crest. Not not anybody
showed up. >> Well, they may not show up, but we get
the emails and the phone calls. >> I promise you that.
» I understand. >> Mayor, may I make a comment?
» Yes, ma'am. >> I drove out there yesterday and I drove
down uh Ross Road and to the end of the Sandage Road.
These poor people, there's no silence over there for them if this comes in. We
followed a FedEx truck out that took the the uh FedEx lane and took the the
Sandage exit with no emergency. I mean, he just decided he didn't want to go out
in the L road. So, now my brother drove a truck. I'm not against truckers, but I
do know that when they decide they're going to go a certain route, they're
going to take they're going to take the shortest route to get there. We're
already 10 maybe more years out getting 305
widened to even think about adding 252 more trucks to exit out of there. So, I
have a major concern with what's best for our citizens when it comes to the
safety. I have seen uh Nell Road exiting on the 305 where it's lined up and I can
see where truckers are going to find another way to go out. They'll go out
church or craft. They go down craft at my location and it both ends it says no
trucks but they take it anyway. >> Sure.
» So I think we as a board have to consider the safety of the citizens when
we're talking about this particular location for this volume
of trucks not even considering the noise for the people on Ross and Sage.
» And mayor I have one last question for staff for Mr. cash and the picture you
have on your computer, which we have. I don't know if the public can see that or
not, but do we know at this point what is immediately to the east of that area
in red and to the north of Nail Road? Has that property been sold yet? I mean,
I know it can it has the permitted uses of M1, which can be warehouses and other
things, but do we know if that's been sold or any plans on that yet?
» I don't know. Uh there is the other man referring to these property or to this
one? >> Both of them but primarily the one at
the bottom just north of Nail Road. >> We there was a a warehouse that was
proposed on that location. I think we actually reviewed plans about 3 years
ago but I think because of the economy it didn't move forward. There is
actually these two this this parcel and this parcel we had approved plans I
believe for industrial warehouses on these two locations
» where two two buildings proposed here but just because of the way the economy
kind of changed uh those were not have not been constructed. One of the things
in in line with that, we took the size of this building just to scale and we
were able to feed it on this piece of property outside of the ditch. So this
piece of property can be developed for something different from a job. It is
developable. It has developable area outside of a ditch. Uh certainly not as
large as this one, >> right?
» But comparable to this, it has a developable area with parking spaces
outside of outside of the beach. And immediately to the north of the two
properties we just discussed is uh is that still AR? Is that M1?
» Didn't we approve of the RV park? >> Yes, this is approved for ROV park.
» Okay, that's that's what I was wondering if that was the exact property. Okay,
» thank you. Welcome sir. >> Okay.
» Thank you Mr. Cashion and board just uh for transparency as well. Mr. Cashion
when he appeared uh earlier he in my office he clearly said if the board
doesn't want this then let him know what will go here. He's trying to develop
this 35 acres and he approached the city in a professional manner and said if
this is not what the city wants for the city to tell him what what the city
would allow there was his comment to me. Uh this is a public comment item. Is
there anyone here that is a proponent? You're here to speak in favor of this
application. You wish to see this application go forward.
Seeing none, if you're here to speak in opposition, I believe we have Jark
Rogers listed to come forward in opposition to this application, come
forward.
» Good evening, Mr. Mayor. Thank you. Uh men and women of the board, good, good
evening. Just want to make this short. I think you guys have covered everything.
Uh this is a simple case of give and take or cause and effect.
We give they take because they want this the effect is what we receive. And what
we're looking for in olive branch is a type of structured growth.
Um this falls under the category of extrative which is parasitic. Um just
going to give you some guidelines. I heard the representative mentioned facts
to to the matter. I brought those with me today to review. Uh one fact is
simply that the heavy wear and tear on the road grids or services without
paying proportional upkeep. Uh leveraging loopholes. I just want to
mention that. Um the applicant did mention about the grants that were
provided. However, there's no type of supporting
uh investments from this particular uh request.
Also, we must think about when a parasite latches on to an object,
you know, he sucks them dry and then goes and finds something else. the
serious damage that I see daily as a citizen traveling um to and from work
and various other activities uh
just can't be absorbed. And I know he did mention FedEx. We do want business
and to support our our citizens in this town. But I think FedEx brings about uh
approximately thousands of jobs as well as other investments and with
into the city infrastructure. And then as Alderman Hehard mentioned,
the pollutants that this will cause is simply,
you know, unfavorable. uh these individuals in these
communities and neighborhoods. They've see out all the branch, Mr. Mayor, as a
as a great place to live and work. Even the um national rec recognition
within our uh some of the media identifies with that. So, I think I
would like to implore the applicant as he continues to say, "What can I do?" As
you stated, he approached you. Let's work together to look at something
that's going to be productive, more specific to um a better outcome for
not only the the applicant, but the city.
We are responsible stewards of our resources at this time, and it's
something that we must take very seriously. So, right now, I got to stand
before you, Mr. mayor just in opposition of this and uh asking the board to
consider your uh citizens and your community stakeholders. I'm going to
leave you with this last thing sitting there. I saw a lot of uncertainties as
the a representative of a HOA board. Uh they all say I'm going to do it until
they get in there. Thank you guys for your time.
» Thank you, Mr. Rogers.
I I I know we want to support each other, but I'm going to ask just for pro
that we not clap because one side can clap as well. And once we start the
clapping contest, then we'll able to be here all night. So, just support each
other, please, without clapping or any kind of outburst. Mr. Chris Gillespie,
are you here to speak in opposition to this?
Chris Gillespie, 7657 West Sanders Road. Uh, thank you, mayor, board. U, just
real quick, keep it keep it short. Um, when they applied for it with the board
of adjustments, they obviously didn't meet the requirements. What have they
done different now that they can come back and say, "Well, yeah, you can get
it now." And they haven't done that. And like Mr. Dick Nichson asked him, "Why
didn't you do it at first?" Well, they never thought about it. and the automan
damage with the people on Ross Road. They were promised the BM, never got it.
And how who's to say that they get approved and they say we'll do the BM
last? We're in phase two. We ain't got the BM yet. We're in phase three. We
ain't got the BM yet. And me being a resident, lifelong resident, it's kind
of dear to my heart because it backs right up to my property.
been there all my life, family, everybody. And I just want all of y'all
to kind of think about this. If it was a dropy yard that was going to come to you
all's neighborhood, your backyard, would you vote for it? Would you approve it?
Just keep that in mind. Thank you. >> Thank you, Mr. Gillespie.
» Not not at this point. Jacqueline Jones, are you here to speak in opposition?
Good evening. Thank you, mayor. Thank you, Alderman. Uh, I'm here on behalf of
the property at 7647 Sanage Road. And, uh, I appreciate the
the presentation and the details, but I didn't hear any benefits for the
residents. None.
Only thing I heard is what the city would benefit from and you wouldn't need
to benefit it if you didn't vote for it. So all the the and the property value,
no one's house is sold based on the assessor's value of property.
As you said, everybody's property went up.
But who wants to buy a house that's backed up to a dropard?
the homeowners will have a very difficult time selling their home and
they will have to drop the price of that sale if they just if someone is just
wants to buy the home. Um
the security I mean I heard well well one or two employees you know that's
that hasn't been defined yet. I thought I heard something about cameras. Um,
normally [snorts]
the crime has already been committed when law enforcement is informed of it.
So, that's not going to um stop crime. That's not going to prevent anyone from
doing anything. And lastly, it is very I consider it a danger to residents, to
children um who may get into that area and we
know they all have a way of doing what they want to do. It's just not a safe
environment and it's just not good for the residents. There were no benefits to
the residents if you approve this. Thank you.
» Thank you, Mr. Jones. Anyone else? Public comments section is
hereby closed on this item. Mr. cash and you can may come back forward and give
information.
» Mr. Mayor, board, it is evident that uh people showed up tonight that is not in
favor of this. Uh I can tell by how some of the comments from the board has been.
We respectfully withdraw our application that that is allowed and we will find
something that fits on this property that doesn't require any kind of vote.
Thank you. Thank you, Mr. Cash. Application hereby withdrawn.
» Mr. Mayor, I I will make a comment. Mr. Cash, you did mention something earlier
about the zoning and what could go there.
» Yes. >> I'm not so sure that if we come if y'all
come back with some, in fact, you wouldn't have to come back in in certain
cases. >> Correct. that the residents may get
something worse than what they and I understand that there's some opposition
to it, but we've had this situation before where we turn down something and
the people got something worse than than what they had anticipated they were
going to have before and were had buyer remorse, wish they had taken the deal
they had. So, I know that people are that emails and you've gotten questions.
We've had comments tonight, but there are situations that they could put a
warehouse there or some kind of small manufacturing plant and it would never
come back to anybody to say yay or nay. So,
» that is true. And and just so we're all on the same page, that was not a threat
because I promise you if I tried to open shrimp joint, my wife would kill me. Uh
and if I tried to do a cannabis, you know, we she I even told her, I said,
"We're going to name it Ken's Cat House." Uh but she was like, "You better
not do that. I'll, you know, I'll kill you. But also, we wouldn't do the
cannabis. So, we're going to try to find something probably in the manufacturing
or small warehouse and move forward. >> Got to be over 60, 85%. The cannabis
users over 60. Just remember when you market that.
» Thank you, sir. >> We appreciate it. Thank you.
» Next item following the agenda. Consideration.
Public hearing and consideration to amend the zoning ordinance by adding
various definitions restricting indoor and outdoor smoking in public place
establishments within 500 ft of public parks. Specifying criteria for data
centers as conditional uses in the M1 light industrial and M2 heavy industrial
districts only. limiting the height of freestanding monument signs in the
office area and neighborhood commercial C1 districts to 8 feet and in the C2
highway commercial C3 general commercial and C4 planned commercial districts to
12 feet and specifying the size, location, and height of onremise and
off- premise signs in the M1 light industrial and M2 heavy industrial
districts. The public hearing was set on July the 21st for this particular item
that we're about to hear today. Dr. Song.
» Thank you, Mayor Adman. Before you is your request to consider amending the
current zoning ordinance of the city of Olive Branch by doing a number of
things. Adding various definitions in the zoning ordinance for clarification
purposes. So often words are used in the zoning
code. They may mean different things in different cities. So each city the words
may be common, it may be a technical word. It's very important that we
clarify exactly what does that word mean in order to avoid confusion when it
comes to implementation of the zoning ordinance. As such, um, various
definitions are being proposed to be added to the zoning ordinance regarding
things like what is a cigar lounge, what is hookah, hookah bar, what is a data
center, what is a data center accessory use or structure, what is a data center
energy system. So those are words that are proposed to be added to the zoning
ordinance. This is very important especially when we are if we are adding
a section to the ordinance that addresses something that is totally new.
For example, data center. What is a data center? Everybody that word is common
out there but it may mean a lot of different things to different people
especially with regard to what goes on inside a structure. So that is the first
element that this uh amendment proposes. The second is to address smoking and
vaping around public parks. Uh public parks are supposed to be places that are
inviting. They are open to use by the general public at large. Everybody
should be able to go there and use it and and use it. Sometimes certain
activities especially with regard to things like smoking uh in close
proximity to the park can be deterrent to folks with various health conditions
in particular. So to ensure that the public parks remain open, inviting and
usable by the public at large, the proposal is to limit or restrict vaping
activities and smoking within 500 ft of public parks. Of course, there may be
certain uses that have designated smoking areas. You may have a particular
use that has a designated smoking area, a business on that particular piece of
property, especially if it exists already. that will become kind of what
the common term is grandfather so to speak that is covered in the zoning
code. Uh before I come to the element on data centers with regard to reduction in
the maximum height of freestanding signs the office district serves as a kind of
a transitional district between residential area and more intensive
commercial areas. Somehow in the zoning code the signs that are permitted there
are as intensive as those or intrusive as those permitted in the commercial in
highly intensive commercial zone industry. So this change is intended to
recognize that difference that transitional difference as one goes from
residential to commercial areas. The same with neighborhood commercial C1
zoning district. So the proposal is to reduce those signs in height from 15 ft
to 8 ft to make them more transitional, more conforming, less intrusive with
adjoining residential districts and also to reduce the height of signs in the
highway commercial C2, general commercial C3 and plan commercial zoning
district C4 from 25 ft to 12 ft. We already we've been practicing this
policy in the city for about the past five years.
But it's never really been in the books. We want to give it teeth by actually
putting it in the books. The if you look at the sign, the old shine time,
Oldtown car wash, what was previously Oldtown Cars, that sign is 12 ft high
and it's clearly visible to everybody on Highway 305. If it were 25 ft high,
rather it looks like when you're driving, you're driving under the sign
and you can't see it. So we've been implementing this 12 ft high policy in
the city for a while and it hasn't posed any problem to anybody. We just want to
make sure that we have it in the books and as such it gives some teeth it gives
uh staff some authority when enforcing that particular regulation
with regard to signs in the M1 and M2 zoning district size height and
locations. The zoning ordinance, the only district districts in the city of
Holy Branch that allows signs that are larger than 400 than 100 square ft
really permit signs up to 400 square ft is in the M1 light industrial and the M2
heavy industrial districts. A sign that is 400 square ft large is basically a
billboard. So really billboards one can say
billboards are only permitted in the M1 M2 districts in the city. But there is
no distinction between on premise and off-remise signs.
A billboard is an off-remise advertising sign. So you could have let's say FedEx
for example, your sign could be a billboard 400 ft large. You could go on
Goodman Road Legacy Park and have one of those industrial Amazon put up a sign 5
400 ft large. That is what our zoning ordinance basically currently permits.
The clean up here is to make a distinction between on premise signs
that are usually should be smaller in size, maximum 100 square feet, just as
you have in commercial areas and off- premise advertising signs which are up
to 400 square ft large. Those off-remise advertising signs will become subject to
conditional use permits as opposed to onremise signs that are treated just
like signs for any other business. So if this were approved, a billboard in the
city will have to go through a conditional use permit approver by the
board of zoning adjustment. A key reason for that will be to ensure that wherever
that billboard is proposed, the character of that corridor is taken into
consideration. It's important to avoid a situation where you know you have too
many billboards along a particular corridor and driving down the city. All
you see that B billboards sometimes have in certain uh highways. The second
element about this with respect to locations is the distance between these
very large off-remise advertising signs is proposed to be increased from 1,000
ft to 2,000 ft to avoid overcrowding of these corridors. That's the purpose to
avoid the corridor becoming overcrowded. And for height, the billboard signs will
remain maximum 35 ft high. But for onremise advertising
industrial use that will be reduced to 12 ft high just as we have in commercial
areas. With regard to data centers which I wish
to focus on as far as this particular regulations are concerned,
the M1 zoning district in the city has this particular language for
permitted uses. The zoning ordinance has conditional uses and permitted uses.
Permitted uses are permitted by right. Anybody wants to do anything on that
particular piece of property. All you need to do is to submit a site plan to
the city is reviewed approved administratively and the applicant goes
in and puts up the the building or proceeds with the development. It does
not go before the board of zoning adjustment for a conditional use. It
does not go before the planning commission. It does not come before the
board of adamant. So permitted uses, one of the permitted uses listed in the M1
and as such also permitted in the M2 zoning district
is this use number six says wholesale merchandising or storage warehouses with
or without accessory retail sales and offices. Data centers as they are
commonly known are essentially storage warehouses for data. That's really what
they are with or without accessory components associated with them. So
somebody walked into the city of Holy Branch today with a data center
application that person could argue that all I have in front of me is a storage
warehouse for data and as such in the M1 district I'm permitted by right and in
M2 district I'm permitted by right. Person could make that argument and we
would not have a leg to stand on based on this particular provision.
In this regard, the city is pretty susceptible, exposed so to speak,
considering the negative externalities or the impact that data centers pose,
just as from what we have seen around us go on in Memphis, go on in other cities
like South Haven. The proposal, the first thing with regard to this is
to remove data center from the possibility of it being a permitted use
and making it a conditional use in the M1 and M2 zoning district. As a
conditional use, they will be subject therefore to all the general conditions
of a conditional use permit. I'm glad you just went through this experience
with a draward. So those are the general conditions. Those seven conditions,
those are character of the area impact on traffic. All these conditions, those
are general for every conditional use permit that comes in. It gives the board
of zoning adjustment a lot of tip to be able to vet the application. If it were
approved or denied, let's say it was approved, anybody affected the way the
city ordinance reaches, anybody who is affected by the decision of the board of
zoning adjustment can appeal it to the board of adaman and the board will have
the opportunity to look at that particular application. Right now, the
board has no opportunity to look at anything. If it were submitted, it will
be bu straight away. So this is intended to move it from being kind of a
permitted use by right to making it a conditional use permit subject to review
decision by board of zoning adjustment appealable to the board of adamment. As
a matter of fact any adment the mayor and any adment can ask that it be
appealed can appeal and require that it be brought before the board.
basically what cities regulation says anybody affected by it anybody can can
appeal that the decision should be brought before the board of adamant for
action. So there are those general conditions but also there are specific
conditions that are proposed in the text before you with regard to
data centers. Just as you had the general conditions for for for dropy
yards and also some very specific conditions in the same way same thing
with convenience store with pumps. There are some very specific conditions. You
must be at signalized intersection for example to have uh to qualify for a
convenience store with fuel pumps in the city. In the same way you have the
general conditions for the conditional use permit that will be applicable and
you will have some very specific conditions that will be applicable to
data centers with regard to their review and permission as conditional use
permits. What are these specific conditions? They address issues of
locations, setbacks, things that will be pro prohibited. If we receive an
application, one of the requirement is that the applicant will have to submit a
utility and infrastructure plan to the city. That is critical.
This particular use across the country has significant infrastructure demands
with regard to power, with regard to water for example. And right now we
don't have any of those in the books. No, none of such requirements exist.
These particular regulations will specifically provide and require any
applicant to provide to the city and infra a utility and infrastructure plan.
There must also be a site plan. That plan must address how will power be
provided to that particular facility in a way that it does not pose any negative
impact to residents of the city of Olive Branch. Water and waste water.
Do we have sufficient water in the city? The plan must address water and
wastewater issue. The plan must address the provision of gas community digital
ecosystem footprint. Sometimes data centers are not all together. Everything
about them is not negative. It's not negative. It's not just also about you
know you can have a vacant piece of property that is developed and taxes
increase because of that. But they can also provide a certain digital footprint
with respect to optic fibers that can be beneficial to hospitals, to other
institutions such as schools, all of those elements. How would this benefit
the city of Holybrang so to speak, beyond just the tax element, you know,
ground and roof mounted equipment, data centers, if you look at the picture in
front of you, that is an example of a data center. They have a lot of
equipment often on the roof and also on the ground. It can really turn an area
into a cluster looking overcrowded and and losing a sense of aesthetics. How
will all of that be burdened? You know, the regulations
call for the provision of those measures, screening and assessing
structures, cooling and energy systems. A lot of the water that is used in data
centers is really about cooling. You have to cool those computers otherwise
they will catch fire. So how would those be cooled in a way
that water in the city is not negatively impacted aquifer and so on, water
availability, water pressure, perimeter fencing and security. How will all of
that be provided? The regulations also include performance standards.
Often public opposition with regard to data centers focus on these four or five
main things. noise the experience from South Heaven is significant you know uh
generator and testing you have all the turbines the generators that are
producing all this noise cooling waste heat that comes from these facilities
the computers they keep running 24 hours you stock all of them in one giant
building you get a lot of heat coming from there how do you manage all of that
in the city so the regulations are intended to address all of this I will
speak to a number of the key adverse impact or negative externalities
elements and key points in the regulations that are intended to address
this. The first has to do with noise. Number of provisions or stipulations are
proposed in the ordinance to address the noise issue. One of the approaches used
is all data centers are not the same. They're not all the same. They in
different tiers. There are some of them that more are more intensive what is
called a super scale you know the X AI those are usually the last one the last
ones that create all the noise there are some data centers that don't even
provide or do not need external redundancy measures you know external
turbines and so on they don't include all of that so the first year these are
low intensity data centers they're less than 50,000 square feet in gross floor
area less than 10 megawatt peak electrical demand less than 50,000
gallons average daily water demand less than no and one thing I should say is no
matter how less this is all of them still have to provide those
infrastructure plans everybody goes through the the process everybody no
matter the tier that a data center falls through it in so far as it's a data
center it has to go through a conditional use permit and meet all the
criteria these tears just simply acknowledge the nature of the industry.
Can put it that way. With regard to tier one, the minimum setback if
a low inensity data center does not it has no diesel generators, no gas
turbines, no combustion based backup generation. Then it has to be minimum
500 ft from all lines of schools, hospitals, child care facilities,
nursing homes, public parks, religious institutions and residentially used,
residentially zoned properties. These are usually the elements that create the
negative externalities, the noise and so on. If it doesn't involve any of this,
then it's just like any other you can call it small warehouse almost like a
contractor storage yacht so to speak. So that is required to be minimum 500 ft
separation from those protected uses. If it involves any of this then it has to
be minimum 1,000 ft. For the second tier these are more
intensive as one goes up. The building for example increases from 50,000 to
250,000 square ft of gross floor area. peak demand increases from less than 10
10 to 10 megawatts to 50 megawatt. If you fall within this tier two, it has to
be minimum 1,000 ft from all the protected uses.
terms of location if it is a tier three this are the super scale greater than
250,000 square feet of gross floor area greater than 50 megawatt peak electrical
demand greater than 500,000 gallons average daily water demand basically
what you have in S heaven what you have in in Memphis if you have any of this it
has to be minimum 2,000 ft from all lot lines of schools hospitals child care
facilities nursing homes public parks religious just institutions,
residentially used, residentially zoned property. So this buffer, this setback
requirement is one of the measures with regard to dealing with noise. The second
and the third, the board of zoning adjustment may require that that
distance be increased when reviewing the application. So the
regulations before you have that provision. the board of zoning
adjustment can look at the particular area, look at the other existing uses
around them, especially if they're already noisy because noise has a
tendency to kind of add noise, the noise waves, they add to each other and they
can become significant. So the board of zoning adjustment can require that that
distance be increased. Lastly, and this is important, the noise from routine
operations including primary and accessory structures and uses and all
energy systems that include generators, turbines, anything from that particular
data from a data center shall not exceed 45 dibels and not all 45 dbc between
9:00 p.m. and 6:00 a.m. that is in the night and shall not exceed 65 dBA and 55
dbc at any other times that is during the day. 45 dBA is the sound of a
refrigerator in the house. So inside a single family home 45 dBA is
the sound of your refrigerator. Nobody in their bedroom hears the sound of a
refrigerator booming in the kitchen for example. And this is not the sound at
the residential property line property line. This is the sound at the property
line of the data center which shall be minimum 500 a,000 or 2,000 ft
from the residential property. So there's absolutely no way that with this
level of sound control anybody living in a residential property will hear any
sound. We actually bought a sound meter. I went out and I carried out an
experiment twice using this and there was absolutely no sound. Three times
during the day I carried out an experiment using this. So this is not
the sound at the property line of a residential property. This is the sound
at the property line of the data center which must be 500, 1,000 or 2,000 ft
depending on the tier from a residential land use.
The second has to do with water. Any water used in that facility must be
closed loop. I mentioned we have to ensure in other words the water
basically has to be recycled to cool the system. Uh the study must show no
negative impact on public use of water in the city of Olive Branch with respect
to quantity with respect to water pressure with respect to cost to other
residents in the city. The study must show that there will be no negative
impact. And if that impact begins to show up, the board of zoning adjustment
will step in and and and address that that particular issue. Containment
system required for all cooling fluids. No discharge of untreated processed
water or chemical waste to municipal storm water systems, drainage
infrastructure or the sanitary sew system at any time. And lastly, any
water infrastructure upgrades shall be fully the responsibility of the data
center developer, not the responsibility of the city of Oly branch. One other
very important one I forgot to include in here.
Uh city well where we have our wells in the city. You cannot have a data center
within 1,000 ft of a protected wellhead in the city. So that is also included in
the regulations. The next has to do with power. The study
must show no negative impact on public use of power availability cost in the
city. Any power infrastructure upgrades shall be fully the responsibility of the
developer. The use of systems such as generators
can produce all kinds of fumes environmental concerns. The regulations
specify that any backup diesel generate generators shall be a minimum of tier
four. That is the highest under EPA with respect to environmental cleanliness is
the highest uh level that you can have and generators shall be tested only
during the hours of 12:00 p.m. to 5:00 p.m. Monday through Friday during the
day. Those are the most intensive busy hours in the city. With respect to waste
heat, the study must show no negative impact on public use of power or heat in
the system. any discharge, venting or exhaust from any equipment from that
data center cannot raise the ambient temperature at the property line of that
property up to 4 ft. You know,
machinery or operation shall not raise the ambient temperature at any external
perimeter property line above naturally occurring conditions when measured at a
height of 4 ft above ground level. So that is to ensure that we do not have
heat dissipated and the instruments to measure this. All of that have been
provided in the regulations. Any rooftop or wall-mounted heat exhaust systems
shall be equipped such that we do not have heat escaping from these areas.
One area that is what addressing is decommissioning.
Data centers can sometimes almost be like gas stations. They can go out of
business in order to relocated to different areas. There are attempts
today to relocate them to space. They are all relocated to space. What happens
to the ones that have been constructed on earth so to speak here on the ground?
The city protects itself. These regulations seek to protect the city by
addressing the element of decommissioning before operations begin.
every data center. This is basically like what we do for subdivisions. Every
data center operator must provide to the city of olive branch an irrevocable
letter of credit of sufficient amount to cover the elements of decommissioning
and it's irrevocable. That means it basically rend so far as the life it's
not something that the very next year it's it's going to expire. No, it
remains in the books. The board has before it a number of
options. About four months ago when the mayor asked staff planning staff to
start looking into this issue of data centers there were basically a number of
options before us mainly three the first was a do nothing option just let it go
don't bother about it you know do nothing we hear in the term data centers
it may come one day it may not come to branch so do nothing about it that was
the first option we had that option does not protect the public interest in any
Today it leaves us, it leaves the city of Olive Branch as exposed as it were in
Memphis, as it were in South Heaven. Noise pollution, problems with water,
problems with electricity and so on. So that was that is a do nothing option
that we did not find attainable. The second is to impose a moratorum.
This is an option that certain cities and counties have adopted across the
state and across um across the country. But it still leaves the city exposed to
legal challenges with regard to any moratorium when it comes to a use. A
data center potential developer could always argue that a moratorium, for
example, denies that applicant certain due process rights. I want to be able to
have my day before the city before any legal entity approving uh entity to
examine my application. But the moratorium essentially denies that
opportunity. It leaves the city unprotected if a judge overturns a
moratorum and that is beginning to happen across in in
the country where those moratoriums are beginning to be challenged by data
center applicants. I forgotten the city. I was reading one this morning. the the
potential data center. The city passed a moratorium. Potential data center
applicant filed a lawsuit and then the board immediately met and overturned
their own moratorium because they realize how long how much the city was
exposed and if a judge were to overturn that moratorum then the very next day
the data center applicant could walk into the office and hand over an
application and we will be unprotected. So that was not an option a wise option
to take. The third option is what the planning commission did basically to
review this application to review the regulations and the planning commission
has had three public hearings on this made a number of changes from what the
initial proposal was added a number of things have start worked on this for 3
months and then finally proposed the regulations recommended for approval the
regulations that you have before you. So the planning commission at its meeting
on July 14 approved and recommended same that the board of adaman amend the
zoning ordinance of the city of olive branch by repealing the language that is
struck in in the draft that you have and adopting the provisions that are
underlined in the concern sections of the zoning ordinance attached in your
packet. Amendments I should indicate include the with regard to signs in the
M1 and M2 zoning districts. Those are also before the board for approval in
the text that you have. That concludes staff's presentation. Thank you.
» Thank you, Dr. Saw. Board, any questions on this staff report?
» I got I got a couple. Can you go back to where
were you with the timeline? Was there a time on that like uh no
generators at night and things at certain hours? Was it 900 pm? Yes, sir.
I believe. Yes. Generator shall only be tested basically
during the day between 12:00 p.m. and 5:00 p.m. Those are the most active
hours of city life, so to speak. Not in the morning when folks may still be
sleeping or in the evening after work. That can and even with this testing,
this does not imply that while those generators are being tested within those
hours, the the noise at the property line can increase beyond 45 dibs. No. At
all times, the noise at the property line cannot exceed 45 dibels whether
you're testing the generator or not testing the generator.
» So, so that's to stop the noise from traveling. I think they up to
4 and a half miles on level on quiet night. They say that some of the low
dust can you can hear the humming. I know you can the one over in South
Haven. You can hear >> the the the humming noise comes from the
DBC element. This is low frequency, >> right?
» So our regulations are written to take care of both high frequency and low
frequency noise >> to eliminate it at the property line.
» At at the property line. Yes, sir. >> Okay.
» So at the property line, whether it's low frequency noise or high frequency
noise, all of it is controlled. >> So if it ever increases past that
that maximum decibel at the property line, what what do we do? shut them down
or are they outside the do they lose their conditional use or what is the
proposal on that? >> The board of zoning adjustment has the
powers to withdraw the conditional use permit.
» So is it immediate or >> I'm sorry sir
» requires a hearing >> a hearing it would require a public
hearing. So if we had complaints that this particular data center noise is,
you know, they're getting noise from it in the neighborhood, we will go to the
property line, we'll do all the measurements, notify the property owner
and basically say you're in violation. You have to tone down whatever noise you
are producing here. If that doesn't happen, we'll bring the applicant, the
developer before the board of zoning adjustment. And the board of zoning
adjustment has the authority to pull that conditional use permit to basically
revoke it and require that that data center be shut. And the board of zoning
adjustment has done that with some businesses in the city.
» But before they ever get to this point, they'd have to get a cup or conditional
use permit. To ever get to that point, they'd have to agree that this is what
they're going to do. >> Yes, sir.
» Okay. their study and all the structures, all the instruments they
have in there will have to show that they will meet this standard and they
will commit to it. The board of zoning adjustment in the granting of the
conditional use permit is basically granting it subject to all these
conditions being met. So if at any time any of these conditions are not been
met, then the data center is in violation of the conditions of his
conditional use permit and that permit is therefore subject to revocation.
We have nothing in the books right now. We have nothing.
» Additional questions on the staff report.
» One question. I know everybody's concerned about the data centers, but on
the office signs where we're reducing the monuments on the office. We're
reducing the height they can have. Do we have any signs in the office areas now
that are going to exceed it and have to be grandfathered in or is that going to
be an issue? >> If any sign exceeds it would be
grandfathered. >> Okay.
» It will not it will not be taken on to the day that the sign is taken down then
it can it will be required to meet those those new regulations.
» All right. >> Do we have any smoke shop things or
whatever cigar what are they called? cigar bars or whatever they are within
that will be outside the ordinance and be ground or will they something like
that are they automatically outside the ordinance
» immediately >> within 500 ft of a city park for example
» u >> I don't I'm not aware of any
» none would be in violation today >> in violation
» any additional questions before public comments
public comments. Dion Jones.
Thank you, board. Thank you, Mayor Board of Alderman. Uh for those who may not
know me, I serve as uh chairman of the Olive Branch Planning Commission. And I
just want to be clear, I'm not speaking tonight on behalf of every commissioner.
The commission has spoken through the recommendations it's forward to the
board. I'm also a resident of Olive Branch and I care about the responsible
growth, our neighborhoods, our infrastructure and what the community
will will look like in 20 or 30 years from now. I don't believe we should
approach this issue as simply being for data centers or against data centers.
Our responsibility in planning is to make sure that if one is proposed, the
city has the information, standards, and tools necessary to evaluate the
particular project responsibly. There are legitimate concerns. Water use,
electrical demand, power generation, noise, backup generation, generators,
infrastructure, setbacks, and impacts on the surrounding property. Those
questions deserve answers, but the questions should not automatically
become a conclusion. Data centers can differ significantly in
size, cooling technology, water use, power supply, and impact. A problem
associated with a facility somewhere else may give us an important question
to ask here, but it does not necessarily give us the answer. We also looked at
this from a land use perspective. Olive Branch does not have an unlimited supply
of large industrial tracks. How we use that land matters, not just today, but
for the long-term development of the city. There was also another important
consideration during the process. It was explained that without a specific
definition and regulations for data centers, a proposal could potentially
fall under existing warehouse or storage classifications and depending on zoning
become a use by ride. So to me, creating regulations for data centers does not
open the door to them. It gives the city a better ability to control that door.
It also allows us the questions to ask the questions and require information
before making a decision. How much water will be used? How much electricity will
you require? And how will it be supplied? How will the facility be
cooled? Whether the noise, infrastructure and surrounding land land
use impacts. Then evaluate the actual proposal against established standards.
And I think the distinction is very important tonight. Establishing
regulations for data centers is not the same thing as approving data centers. A
future proposal still has to stand on its own merits and the city retains the
ability to say no when a project is not appropriate. The planning commission has
already demonstrated that we recommend that we can recommend against a
particular proposal while also believing that strong regulations should be in
place for whatever comes next. I respect the residents who have taken the time to
come here tonight and voice our concerns. I simply hope our decisions
continue to be driven by facts rather than assumptions. That we ask the
questions that we require the information. consider the land,
establish strong standards, evaluate each project on its own merits. That is
what I believe responsible planning looks like, both as a planning
commissioner and as someone who calls Olive Branch home. Thank you.
Right on three minutes, Mr. Jones, you've probably been on the other side
of this podium before or the lectan. Miss Ashley Shield Sh. Miss Ashley Sh.
Okay.
Hi, my name is Ashley Shide. I live at 6303 Darren Drive. Uh, Mr. Mayor and
members of the board, I want to start by thanking Dr. Song and Mr. Lewis um and
the board of planning for the work that's gone into developing these data
center regulations. I wasn't sure how to sign up today because I'm very much for
this ordinance, but I do think that there are a few areas that still leave
the city a little bit vulnerable. Uh the updated criteria are significantly
better than what was originally presented and the city has made some
very meaningful improvements. I believe that we share the same goal of creating
a strong ordinance that serves the interest of the city while
simultaneously protecting its residents. However, I don't believe we are quite
there yet. I'd like to suggest three things to be added to make the
regulation stronger. First, uh put an actual ceiling on water consumption. The
ordinance does a much better job of monitoring water use, but there's an
important difference between monitoring and limiting water consumption. I would
ask that the city establish a maximum allowable water consumption based on
demonstrated excess capacity in all of Branch's water system. Uh that limit
should take into account not only one data center but the cumulative water
demand of every data center that could eventually operate in our community.
Second, require a drought and water emergency plan. The ordinance should
specifically address what happens if Olive branch experiences drought
conditions, water shortages, infrastructure failures, contamination,
or an emergency requiring water conservation. During a water emergency,
I believe data centers should have mandatory conservation requirements and
should be not be treated the same as essential residential water use. Third,
uh require continuous noise monitoring. The new noise standards are a major
improvement, but for the large tier three facilities, I would ask for
continuous publicly accessible noise monitoring at the residential side of
the property. Residents should not have to call city hall at 2 in the morning
and say something is wrong with the noise. The city should already have the
data and there should be clear consequences when the facility exceeds
its permitted limits. I believe Olive Branch can be a
community that welcomes responsible economic development without sacrificing
the quality of life that brought people here in the first place. This is not an
argument against data centers. It's an argument for getting the rules right
before we approve them. The updated criteria show that board of planning has
been willing to responsibly listen to the public and make improvements. Our
wonderful city has been given the gift of time, resources, and the ability to
learn from others mistakes. I am asking you to respect your constituents
concerns, protect the people who are already live here, and continue this
improvement process until we get it right. Um, I'd actually like to end with
a question for Dr. Asang, and I believe he sort of was touching on this a few
minutes ago, um, regarding conditional use permit revocation. If a data center
violates the established ordinance, um who specifically is responsible for
bringing this in front of the board of zoning adjustment to revoke the cup? I
don't like is it you? Is it the mayor? Um basically, who are we as a community
trusting to ensure the proposed consequences occur if this ordinance is
violated? That's it. Thanks. >> Thank you.
» Sure. >> Question. uh the city's code enforcement
department is uh charged with enforcing the zoning ordinance. So if there's a
violation of the terms of a conditional use permit, the planning staff, which
has the code enforcement department, would uh coordinate that with the
prosecutor uh in municipal court. If there is not a satisfaction of those
conditions initially uh through an appeal or hearing at the board of
adjustment level, if there's not an addressing of those violations, the
board of adjustment can revoke that conditional use permit. And if there's a
continued violation, there's a recourse for the city either in municipal court
or in chancry court. >> But it's the city staff that would be
responsible for enforcing uh the terms of the ordinance or any violations
thereof. >> Okay. I appreciate that.
» You're welcome. Thank you, >> Mr. Michael Shide.
» Hi, good evening. Michael Sh. Thank you for the opportunity to speak here. Um, I
too am in favor of a data center ordinance, but I encourage the alderman
to consider strengthening the current text to better protect the citizens of
Olive Branch. So, first, please don't remove anything that's in the ordinance.
Now, it's it's good as is, but there are some areas I believe can be strengthened
a bit. Um, first I ask you to take a look at a particular set of paragraphs
in the document on page seven of the ordinance. So, I have the the full text
here. It's a subsection B, location setbacks. Um, there's some inconsistent
language in these paragraphs A through D. Uh, if you look closely, the last
sentence of these paragraphs, um, paragraph A refers to residential homes,
while paragraph B, C, and D say single family homes. Just wondering if we could
change this language to be consistent. Uh secondly, in paragraph B of this
section, it contains the phrase but only applicable to AR properties developed
with single family homes. Um Chairman Lewis advised during the July 14
planning committee meeting that the word but be replaced with the word and uh and
it looks like this change might have been missed. Um the these sections in in
general I believe are are critical to maintaining the day-to-day quality of
life for residents at all branch uh by keeping data centers a meaningful
distance from home. So I believe they're very important paragraphs in there. Um
my other concern concern is regarding the cumulative impact of data centers.
So um don't believe we should evaluate data centers as if you know it will be
the only one. uh if all the branch has two three 10 data centers lord help us
in the future the impacts are cumulative um the 10 facilities shouldn't mean 10
separate projects um they should they mean cumulative water consumption
electricity demand substations generators noise traffic etc uh I would
ask the city to establish a mechanism for reviewing the accumulative impact of
the existing and proposed data centers as part of this ordinance thank you
» thank you anyone else to speak as a proponent. You're in favor?
» Get his attention, mayor. Hey, where was that? Uh what paragraph was that?
» Yeah. So, it's it's on page seven. So, 729 location setbacks and then
paragraphs A, B, C, and D. >> Dr. Song, I would think the intent would
be for any residential housing, whether it's multif family, single family, just
any residential housing. Correct. >> Okay.
» Thank you. >> Thank you.
Anyone else to speak in favor? You're a proponent of this of this proposed
ordinance rather. Speaking in opposition, Jake Crawford.
I'm not just speaking against data centers. I am condemning data centers. I
implore you all to do the same. >> [snorts]
» We're trying to figure out what a data center is, but let's take it from the
mouth of the the mind behind the data centers. Elon Musk was on an interview
and he said that his god, a new god was going to rise out of the mids south.
I'm not a religious person, but I have to face the fact that since the dawn of
mankind, man has been trying to define God. And not just that, but trying to
become God. Elon Musk has a God complex. He thinks his data center is so precious
because he has all this junk data. And the thing about God, God is omnisient.
God is all knowing. And that's what Elon Musk is trying to do. He's trying to
gain all the data he can create AI and become like this artificial god. I don't
want any part of that in my city. I want to I want to stay as far away from it as
I can. This is pernitious. It is delimitous.
Albert Einstein said that he he he was the most tellable person that ever lived
and he predicted that technology was going to lead to the destruction of
mankind. Mankind the abolition of mankind and the day is coming. If he was
here today and stop all these data centers, he knew the end was near. Y'all
better wake up. God bless. >> Thank you, Mr. Crawford.
Frankie Gardner or Frank Gardner. Mr. Frank Gardner.
» Good evening, Mr. Mayor. Board of Alderman. Um, I'm not going to get as
animated. Um, my concerns are mainly for the ecological and environmental aspect
of things. Um, I moved to Olive Branch roughly six years ago and small town is
why I moved here. My concern is there's a lot of promise economically for a data
center. I get it. Uh trust me, from a business perspect perspective, I get it.
Uh the promises of jobs are not as great as they look. Um Dr. And mentioned in
regard to size of data centers for a data center to make any real money, the
operator has to be a bug of 50 megawatts at any given time. And their employment
is 10 to 15 people. It's not a large headcount for the opportunity we're
talking about. Now, it may be a large tax base, but I looked earlier on your
agenda and you're giving tax exemptions to William Sonoma and then Barrett
distribution mentioned earlier. What I'm worried about is you're going
to see that same thing happen in a few years from these data centers, let alone
the econological impact we're going to have from it. Now, there are options.
I'm a realist and I see this coming and I realize that no matter [clears throat]
how emotional we get about it, we may not be able to stop it. I understand.
Closed systems, Dr. And you've heard of those obviously, right? Because you
mentioned it in your presentation. Glycol systems, right?
Glycol cooled systems. That's an option. I would like to see
something like that maybe in the verbiage so that we can in turn maybe
not impact the water supply with that. And then as well there's other options.
You mentioned decel levels. 85 dB is the threshold of pain. Correct.
» Okay. If you will give give the public comments to the board that have to have
a vote >> that that will probably come up in the
future in regard to it. And I I I say this with the idea of South Haven in
Memphis. What's going on right now from Memphis's city council to be starting to
use the word moratorum? And I realize it was mentioned and it's it's a legal
issue attached to that. I understand. So another option may be to do an
exploratory research in regard to the adverse effects of what we're looking
at. Again, we've got a great city here. I moved here from Michigan uh roughly 50
years ago. We had a plant called the Fermy 2 plant go against Lake Erie. You
can't drink the water from there. Okay. We don't know because of the infancy of
data centers and the explosive. It's a big opportunity. No one wants to miss
out because everyone is saying you're going to go somewhere else then. But
ultimately, we should take the time to really review it before we jump into it.
I realize we probably can't stop it. And the money-wise, you probably can't turn
away from it. But again, it's if for the citizens of
it, and again, the the the planning meeting in June, it wasn't considered
even near my neighborhood. Chief and I live in the same neighborhood. I think
we do too, Mr. Mayor. Um, we talked about transportation off of 305 and
truck routes and all kinds of other things that were mentioned earlier as
well. It's the same problem. Same problem. And then uh the gentleman
previous uh Mr. Dickerson, you mentioned it. Perception is reality when it comes
to property values. Whatever the state assesses it is one thing, but in turn,
will somebody want to buy it? Okay. Before we sign the check, let's please
review. Thank you. >> Thank you. Final call for public
comments. For or against? Final call. Public comments.
Come forward.
And since the clerk doesn't have your card, would you give your name and
address so she can capture that for the record?
» Um, my name is Pamela Boen. I'm 7107 Stanley Drive. Good evening, board. Um,
I just have two concerns. Well, many concerns, but um
um see for the generators. I've heard of cities um contemplating them use backup
for battery instead of gas turbines, which I think would be a great
alternative. Um and then I think and I would like to ask a question. Um where's
the waste water going? And I I think that's a big concern. Um, I know in
Wyoming they just had a bacterium problem and they couldn't use their
water for irrigation because of it. So, I guess my question is I do like the um
what the man just talked about and I forgot what it was called where they
conceal the water and reuse it, but where's the waste water going to go and
how is it going to impact us? Anything additional
» is that can I I don't know who to ask. >> Well, really you're giving public
comments to the board. It's not a Q&A. >> I can't I can't ask.
» We give some legal direction, but no, it's really not a Q&A. You just give
your public comments about how you think they should vote for the ordinance or
not. >> So, how would I how would how would we
get that information? >> I'm not sure.
» Well, I think that should be addressed and should be
» It's not a question and answer. It's your public. just stating at this point
since I couldn't answer your question. Um I just think that should be
considered okay >> of all the restrictions
» where the gray water goes where the where the water that's been used goes.
Understood. >> Okay. Thank you.
» Thank you. >> Anyone else?
Seeing and hearing none, public comment is hereby closed. Board any questions or
directions to staff?
Mayor, I'd like to make a couple of comments if I could. [clears throat]
I um appreciate everybody's input and and I think this has been a long process
for several months and thank you for your concerns and also your research
that you've done. I think at this point I'd like for everybody to realize we are
not approving or allowing any data centers tonight. Uh I would commend our
staff on the excellent job they did on research to improve the situation that
Olive Branch could be in should someone want to build a data center here. Uh I
think it's a a great job of research. I think it was well thought out and it
definitely protects not only the city but our citizens. And I would like to
say this that um every morning most of us get up at least I do and we kind of
scroll through our phone and start looking at stuff. Then we go to work and
we create documents. We create records that need to be stored somewhere. And on
weekends and vacations, most of us take this device and take pictures of our
memories and we also like those stored somewhere. So, I get it that we have
concerns and they're rightfully taken to do acknowledgement and I think this
document puts us in a great position to protect ourselves and I'd like to
further add that we can also add to them at a later point and further make them
beneficial to the city and the citizens as a whole if need be. Uh so mayor with
with those comments if nobody else on the board has any questions or comments
I will tender a motion to approve the zoning uh ordinance adjustments as
presented. >> Miss Hamilton comments. You have
comments? >> No.
» Okay. Any other comments? >> I I will make a comment that I'm sure
not many people here know when when people talk about data centers there. I
hear a lot of comments and read a lot of comments about how dangerous they are to
the environment and to people in general. I found out this weekend, I've
been volunteering at the St. Jude Classic this weekend and I I talked to
somebody that works out there. FedEx uh the St. Jude has got a data
center right on their campus, three stories, 65,000 square feet, which
would be a tier two here. If St. you doesn't think that it's
dangerous to its patients who are there with cancer, to the doctors and staff
that work there, the families that are staying on site don't think it's that
dangerous to have a tier 2 data center right there on their campus. I I know
there's different levels of it and and South Haven's been a nightmare,
but all data centers are not evil and and I know a lot of people see when
they hear that word, they just cringe. They don't want anything to do with it.
They don't want one around at all, but they're not all as bad as South Haven
and other parts of the country that have had really bad problems with them. And I
think this ordinance protects us. It limits the ability of a data center to
come to autoation to just a very few properties.
If anybody saw an actual map of once this gets done, they're going to be
surprised at how few locations would ever be able to have a data center here
in the city of VA branch. So, I'm I'm totally for this this ordinance tonight.
Thank you. Anything additional for Mr. Hart makes his motion and Mr. hard if
you would consider in your motion to change the verbiage to where it says all
residential housing or residential not single family multif family but all
residential that's numbered >> yeah sure it's it's in gentleman
mentioned it uh earlier in his comments it's subsection B one and then A through
D where it addresses AR homes >> uh and single family homes that language
does need to be in my opinion cleaned up a little bit um I would defer to
planning staff as to the best language for that.
» Typically, u I don't think it's a change that's of such substance that would
prevent the board from being able to move forward tonight if it chooses to do
so. >> But I do think that if there's a motion
to approve that it include that uh language uh to be addressed by planning
just for clarity sake. Mayor, may I mention one other thing?
» Uh if the board were to approve the ordinance tonight, uh the ordinance
changes tonight. My recommendation is that the board make those effective
immediately um for public safety. You have typically under state law
ordinances are effective one month from passage. Uh but given uh the that what
could occur with a potential application during the course of the ensuing month,
my recommendation is that the board take advantage of a state law provision that
allows the board to say that ordinances are effective immediately if that's
necessary to preserve public safety. And I think that would be wise move for the
board tonight if the board's inclined to approve the amendments.
» Okay. Thank you, >> Mr. Mayor. Accordingly, then I I think
that's wise council. I appreciate I will add those two things that uh on page
seven of 29 that language in subparagraphs A, B, and C be changed to
reflect any residents housing a family. Is that
fair? >> Yes.
» Okay. Any residents housing a family. >> That's right. for planning staff to to
direct >> to revise that language appropriately.
» That's right. >> Clean up a couple of the other
» and then also I do think it is important because nobody knows what may come in
the next day or two that we do make this effective tonight immediately.
» Thank you, >> Miss Hamilton.
» Second. >> Got a motion, Mr. Hart. Second, Miss
Hamilton. Any more discussion? All in favor?
» All opposed? Eyes have it. Thank you very much,
planning staff, planning commission. I know this has been at least four months
of work and uh if it needs fine-tuning later, so be it. But at this point, I
feel like this is probably one of the best ordinances in the state and thank
you for the time and energy spent putting it together.
Next item,
consideration of application for a preliminary plat for Almondale Retreat
subdivision submitted by Greg Smith of Civil Link on behalf of property owners
Dne Stovall, James Allen Stoval, revocable trust, revocable living trust.
The request is to create 86 single family residential lots and three common
open spaces from 50.87 plus or minus acres. The subject
property is located on the south side of the soda road at the Marshall County
line approximately 0.86 plus or minus miles east of Center Hill Road. This is
in reference to the uh motion and and vote already taken earlier on this land
but staff report please. >> Thank you mayor. The request before you
consider a preliminary plat preliminary not a final preliminary plat for the
development of this 50.87 87 acres piece of property which you approved the
reszoning as a very first item tonight from AR to R1. Um the property
is served by the number of utilities. There's a gas line along the Sodto road.
Actually a water line has just been added following the utilities expansion
that the city is doing in that area. Um other infrastructure elements are
currently under consideration with regard [snorts] to things like seaw
water and gas. The applicant, this is the preliminary plot. The applicant
proposes to develop this in three phases. So phase one is this area in
green that would begin from the soda road. So construction will begin from
the soda road. It will have 30 lots in phase one. You have a common open space
recreation area here that will have the lake or large stormwater detention area
with a walking trail around it and a gazebo. And phase two will connect that
subdivision to the center here retreat to the south and then that will have 32
lots and phase three is this area here in purple which will have 24 lots. So
this is proposed to be developed in three phases as shown. The planning
commission reviewed this application at its meeting on July 14, determined that
the plaid meets all subdivision and zoning requirements uh with the property
have being reszoned to R1 and made that approval subject to a number of
conditions 1 through 13. Condition number four emphasiding emphasizing that
sidewalk improvements are required on all the streets in the subdivision. So
they have to construct sidewalks on all the streets. Condition number six for
final plat approval. The applicant will submit declaration of covenants and
restrictions which will impose a number of conditions. One, the declaration
language should include the intent to impose a 2,000 heated square foot
minimum house size and secondly minimum 75% brick content on all sides of
buildings and address the garage orientation that needs to be addressed
at a final plat and presented to the board of adan at final plat approval. Uh
with regard to the other conditions, I want to call attention to condition
number 13. That piece of property basically has been clear, you know,
there are no trees standing out there. Condition number 13 will require that
the developer or the home builder will plant 2 in to 2 and 1/2 in caliber trees
in front of each lot. That concludes staff's presentation. Thank you.
» Thank you board. Any questions on the staff report?
Does applicant have anything else to add?
» Question about the application. Greg Smith.
» I guess it's going to be twotory houses. What is it? You got to address the
garage orientation. >> That's basically to ensure that there's
no front-facing garages. Uh if you look on this on the plat that you have in
front of you, uh it says that all roads garages ought to be the side loaded.
» Okay. >> So that's
» hoping you'd say [laughter] >> 2,000 square feet minimum on the
footprint. Correct. >> Yes, sir.
» Correct. >> Great.
Yep. Anything else?
» I'll make a motion we approve it. >> Motion, Mr. Collins, to approve as is.
Is there a second? >> Second.
» Second, Mr. Gamage. All in favor? >> All oppose? Motion carries. Thank you.
» Thank you.
Next item, consideration of application for second revision of bridges at of
Camp Creek phase 2 lot 12 submitted by Sha Ski Ski Engineering on behalf of
property owner Deepac Patel. The request is to divide the existing 2.93 plus and
minus acre lot 12 into two lots. The subject property is zone C4, planned
commercial district, and is located at the east end of McGregor crossing,
approximately 750 ft east of the intersection of McGregor Crossing and
East Bridges Drive. Report, please.
Thank you. Yes, the applicant is requesting to divide the
uh divide one platted C4 lot into two separate lots for commercial development
at the eastern end of McGregor crossing a private commercial road between
Highway 302 and Camp Creek. No zoning amendment is required as this proposal
to subdivide is keeping within the general scope of the project text and
preliminary development plan for the existing subdivision.
And so we have the utilities and transportation aspect shown here. Lot 12
has access to water and gas from the northern edge of lot 11. Sewer is
available to lot 12 as well. McGregor crossing is a private road that
currently connects to lot 12. And so here's the detail of the proposed
plat. It's just a close-up screenshot of the plat showing the lot to be
subdivided. The proposed plat needs to show a continuation of the 5-ft sidewalk
drawn across the proposed lot 12A to connect to lot 12B. A gas easement needs
to be shown moving across the proposed lots. And uh the proposed lot the
proposed plat satisfies all other requirements in the subdivision design
standards. And so for the planning commission
recommendation um the planning commission unanimously recommended
approval of the request for the final plat um however after the uh planning
commission meeting planning staff um relooked at the entire proposal and um
we are making a note to u we're suggesting to have number six and number
seven replace number one and number two. They're uh very similar. But number six,
um the addition is we uh as I just stated in that previous slide, um please
provide a 5-ft sidewalk along the entirety of the um McGregor crossing
traversing that first proposed lot to connect to that next proposed lot and
then add a note to the plat stating each lot will provide a 5- foot wide utility
easement along each lot line. That concludes presentation.
» Thank you, Mr. Hacken Smith. Board, any questions?
» Does this mean we're not going to get our anticipated Marriott Garden in
hotel? >> Um, if I may speak on it. Um,
would that be okay? >> I think we'd probably defer that till
that actually comes up as an item. >> Maybe Mr. Earhart could
» question. >> Y'all could speak. Y'all could speak
offline. Question withdrawn. >> I just don't want to put any business or
any company in an awkward position. Any other questions?
Do we have the applicant here? Thank Mr. Patel.
» Yes, sir. And you may answer Mr. Hart's question if you wish to, but uh
any questions of the applicant? >> Do you mind sharing this with sharing
with us your intended usage of the two lots?
» Yes, sir. It's two hotels. We have one Hilton uh and then one Element Weston.
It's technically Weston Marriott. Marriott purchased Weston.
» Okay. Now, it's a proposed Hilton. >> Yes, sir.
» And and the other one >> Oh, Marriott.
» Marriott. >> Marriott is
» Marriott and Hilton. Okay. >> Yes, sir. So now we get two for one.
Correct. >> Yes, sir. The secondary second property
is uh it's actually be the first of his kind in Mississippi. So it's uh we're
really excited about the second one. But first one we need to get the first one
get started first and then we'll get the second one. But yes, sir.
» Well, if he was that bold, then I'm going to ask is we're still getting our
white tablecloth restaurants. [laughter] >> Uh the second one has a chef on site.
Let's just say that. Um it's boutique, too. So it's pretty
» great. Very good. Thank you for the good news.
» Yes, sir. >> I
» questions. >> I do have a question if this is the time
to ask. >> We just I want to know if you needed to
add anything else that wasn't covered by the staff report.
» Oh, no, sir. >> If there's no questions from the board,
then um Thank you. You may be seated. >> All right. Thank you.
» Any questions or motions? >> That's easy. I'll make a motion to
approve. >> Motion to approve by Mr. Dear Hart, is
there a second? >> Second.
» Second, Mr. Collins. All in favor? >> All oppose? Motion carries.
» Next item, consideration [clears throat]
of application for first revision of lot three of the second revision of the GD
Deckman subdivision submitted by Sha Ski, Ski Engineering on behalf of Peggy
Poff and Lisa Marie Riceinger, property owners. The request is to divide the
existing 5.45 plus or minus acre lot three into two lots. The subject
property is zone AR agricultural residential district and is located on
the northwest corner of College Road and Maroy Farms Drive. Report, please.
Thank you. Yes. The property proposed to be subdivided is one AR lot as shown in
the yellow dotted line on the north side of College Road between Highway 305 and
Alexander Road. And so um here's a screenshot um of the
proposed subdivision. Um the lot which is being proposed for subdivision is
listed as lot three and final plat of first revision GD Deckman subdivision.
The proposed subdivision will not change the existing perimeter of the existing
lot 3. The proposal will only split the property into a 2acre lot 3A and a 3.45
acre lot 3B. A 50- foot wide ingress egress easement will be provided to
allow public road access to and from lot 3A and lot one. The proposed plat
satisfies all other requirements in the subdivi subdivision design standards and
um the planning commission unanimously recommended approval and that concludes
the presentation. >> Thank you Mr. Hacken Smith. Any
questions board or motions? Unless the applicant has something to
add.
» I make a motion. Make a motion to wake him up. I'll make a motion to pass.
Motion to pass by Mr. Collins. Is there a second?
» Second. >> Second, Miss Hamilton. All in favor?
» All opposed? Motion carries. Next item. Consideration of application for a final
plat of Shirley Homes subdivision submitted by Greg Russell
Civil Source LLC on behalf of property owner Scott Lawhorn. The request is to
create four commercial and industrial lots totaling 10.96 plus or minus acres.
The subject property is on C2 highway commercial district and M1 light
industrial district and is located on the northwest corner of Frontage Road
and Exchange Drive known as 8263 Frontage Road. Report please.
» The parcel proposed to be subdivided is currently unplatted. There are five
addresses currently used on the parcel. The applicant is requesting to create
four lots while expanding a small portion of the s southern boundary of
the parcel in order to contain an existing parking area. And if I get the
pointer right, it's right there.
Um, so water, gas, and sewer access are available to the current parcel. Uh,
Exchange Drive is a private roadway and will serve as access for 8279A
and 8279B. And so here I have a screenshot um
zoomed into the proposed lot to be um subdivided. So the proposed plat shows a
31 foot wide ingress egress easement across Exchange Drive to allow access to
lot three since lot four is drawn to connect to frontage road. And so looking
at all of the other subdivision requirements, the proposed plat
satisfies all reviewed requirements in the subdivision design standards.
And so with this one, the planning commission also unanimously recommended
approval. And that concludes the presentation.
» Thank you board. Any questions,
» comments or motions?
» Motion to approve by Mr. Wallace. Is there a second?
» Second by Mr. Dickerson. All in favor? >> All oppose? Motion carries.
Next item. >> Oh, Mr. Russell.
May I ask something on the last uh item, please?
The the reason that we're doing this plot is because Frell has come in and uh
uh taken over the Let me make sure Let me make sure I understand. Are you
asking about the one prior to this? >> The one y'all just voted on?
» Homes. The homes plat >> the homes.
» Yes. Okay. >> So,
» you voted on it before I before I could ask you. So,
It may be inappropriate for me to ask. >> Well, I did call on you, but we didn't
quite make a contact with each other. >> My hear my herinades are in the shop, so
I can't hear anything. >> All right, I'm going to have to ask the
legal advice on this one. What What particular do you want that they have?
They approved it, but you want something else now or
» maybe. All right, tell us what it is and I'll let the attorney advise whether or
not we can go down that path without having to recall take a second.
» Um, Fereral Grass is moving into the two buildings on the north side. Uh, and
they're using that for their uh residential home fuel tanks.
» Okay. Um and and what created the need for this plat is the fact that they want
they Feral Gas wants to build a dock out in the back of the yard, a concrete dock
that's raised 4 feet and has uh what I call a metal carport over the top of it.
And that's for their uh employees safety and and keep them out of the weather and
so forth while they fill these trucks. Um, Frell is actually anxious to get
started on this even though we're just a little bit of ways from recording it.
Um, I was going to ask that they be allowed to go ahead and start
construction before the plat's recorded. >> That is really a process question that
ever since Dr. Song has been in position has been coming up. So, I don't want to
overrule his consistency. I mean, that's really administrative. It's not
something the board would approve, but I would say won't we take that up with Dr.
Song and see I don't want to upsurp his authority when he has gone down the path
of they got to be recorded before the starts and I know not all cities operate
the same. I understand that but that's the way you're operating now if I'm
understanding right. Am I missing the point? Is that
» Yeah, you're correct, mayor. And I think I had responded to his email on this
particular request. So that's something that we can discuss and handle
administratively. It does not really affect the plot.
» It wouldn't be a board decision. It' be an operational item, procedural item. So
the board wouldn't make that decision. You and Dr. You and Dr. Song would try
to work that out. >> Okay.
» Thank you. >> Thank you very much. I appreciate it.
» Huh.
Number five, consideration of application for the third revision of
Ross Road Plaza subdivision submitted by Sha Skine Ski Engineering on behalf of
property owner Marvin Bolan. The request is to divide the existing 4.80 80 plus
or minus acre lot one into three lots subject property zone C2 Commercial
Highway District and is located at the southeast corner of Ross Road in West
Sandage Road known as 5950 Ross Road. Staff report please. Mr. Hawkins Smith.
» The parcel being proposed for subdivision is outlined in yellow and
has frontage on West Sandage Road and Ross Road. This lot is currently platted
as lot one in the one lot second revision Ross Road Plaza subdivision and
as you can see there are multiple addresses on that singular lot. Um the
current parcel has access to water, sewer and gas. The current parcel has
five addresses assigned to different structures on site with three different
um sorry with three driveways accessing Ross Road and two driveways accessing
West Standage Road. And so here I have the detail of the
proposed plat. The proposed plat shows the single lot being split into a plus
or minus.87 acre lot one and a plus or minus 1.39
acre lot 2 and a plus or minus 2.53 acre lot 3. The required utility easements
are drawn. The front building setback lines are drawn with all existing
buildings shown to exist behind the 50oot setback. Each new lot will have
direct access to a public road with one with lot one adjoining West Sandage Road
and lots two and three adjoining Ross Road. This proposed plat meets all
requirements listed in the subdivision design standards.
And so uh planning commission um also unanimously recommended approval of this
proposal. And that concludes the presentation.
» Thank you Andrew. Any questions board or any comments?
» This is u new to me when you take a contiguous piece of property with
several buildings on it subdivide and this is more of a question for Mr. D I
guess in planning if if this were to pass and the owner wants to demolish a
building and build something else it does not preclude them from meeting the
permitted use by rights and those things. Correct.
» That that's correct. I mean, the permitted uses are set by the ordinance
that if they demolish existing structures and build something that's a
permitted use within the zone, then that's allowed.
» Okay. >> I've just never seen people divide their
property like this that's already existing.
» But the prior application was was similar. It had existing structures on
it and was previously unplatted and they were
» um adding interior lot lines to separate. Sometimes you see that if
somebody's just wanting to convey a portion of a of a parcel that's
unplatted, they can plat it and that way they can sell lot one rather than
selling a meets and bounds description, something of that nature.
» Okay. Just >> so there it's basically like several
businesses on the corner of Ross and Sandage right behind the old TJ's Market
and uh they just kept putting build businesses on the man's land and he rent
him a spot basically and I think comes to the point that they
just want to split them up. >> Okay.
» But typically we don't include building footprints on the plat anyway. The plat
just is setting forth the dimensions of the lot, not the structures that may be
on it. >> It it doesn't address setbacks or
anything. >> No, the the plat should address setbacks
and they should be shown plus the zoning ordinance. Uh so you have a 50-foot
building setback shown on the Ross Road frontage.
» Okay. uh 50 foot building setback shown on the
west sandage frontage. So >> look like they're all real close
together >> right
» now. You would have some pre-existing structures, not I'm not commenting on
this one, but hypothetically you could have a plat that gets recorded and you
could have some old structures that would be legal non-conforming uses
because they pre-existed. They might have been in the
» I understand that, but I didn't know what he redrawing them knew where they
would have to conform or not conform.
» Typically, they would >> I guess we don't let them.
» Well, typically we would allow the grandfather that in.
» Okay. >> Particularly if you had a house for
example, there probably some setback issues here in Oldtown for example or
Maywood for example where you could have setback issues.
» I understand that didn't know about redrawing it.
» Okay. >> Thank you.
» Any other questions or motion? >> Make a motion to approve. Wallace.
Motion to approve. >> Second
to second. Collins. All in favor? >> I.
» All opposed. Motion carries. Next item. Consideration of application for the
final plat for Redeemer Baptist Church. Submitted by Rusty Norville Civil
Engineering Solutions LLC on behalf of property owner Redeemer Baptist Church.
The request is to create a single lot of 2.35 plus or minus acres. The subject
property is zoned R2 single family residential district and is located on
the south side of Katherine Drive approximately 300 ft southwest of the
intersection of Katherine Drive and Highway 178 known as 50/50 Katherine
Drive. Report please. >> Thank you. Mayor Adam before you is a
request to consider platting this. So an existing parasel that's Baptist church
on that piece of property and all they're requesting to do is essentially
just to plot it as one lot. It has buildings on it. Water lines, seaw wall
lines, gas line, gas lines are available to the property and I think the church
has the intent in future to do some expansion on that particular site and to
be able to do that they need to obtain a building permit. To obtain a building
permit, you have to plat the the property based on city regulations. This
is the plat as proposed. There are no sidewalks along Katherine Drive and as
said the applicant is requesting a waiver of sidewalk requirements. The
planning commission review this application at its August 11 meeting
unanimously recommended approval subject to these conditions 1 to five. Condition
number four being that the requirement for the property owner to construct
sidewalks along the Katherine Drive street frontage of the proposed lot is
waved. That concludes staff's presentation. Thank you.
» Thank you, Dr. Song. Any questions forward?
» Is this the old Fair Baptist Church? >> Yes. Yes, ma'am.
» And the applicant is here. Mr. Norville's here. Come forward, please.
I know you hate that we didn't put this before the data center, but I'm sure you
wanted to hang out with us for a while, didn't you?
» Part of the game. Rusty Norville Civil Engineering Solutions 317 West Market in
Dyresburg, Tennessee. >> And the question was, is it the previous
church of >> Old Fair Haven Baptist? All I know
that's >> as Redeemer Baptist. I mean, that's all
I know it is >> on Katherine Drive. So
» I guess it changes a lot though, >> right? I think it used to
» maybe. So I don't know that it's um it's it's never been platted before.
» It's never been Okay. >> It's never been platted. So
» Okay. >> Well, I'll let Mr. Nor speak to what
their plans may be, but >> Do you know the plans? I don't.
» They just want it all platted as one. >> Yeah. just they need it planned and in
case they want to move forward with some building additions or revisions.
» Okay.
» No more, no less. It's already there. >> Yep.
» Okay. >> Is there a motion on this one or
question? >> Motion to approve.
» Dickerson. Motion to approve. Second, please. Is there a second? Rather,
» Miss Hamilton second. All in favor? >> All opposed? Motion carries. Dismissed.
Thank you. Item seven, consideration of application
for final plant for DInnesota County Schools Career Technical Center East
Subdivision submitted by Jay Kaufman, Allen, and Hostel Incorporated on behalf
of property owner of DInnesota County Schools. The request is to create a
single lot of 42.50 plus or minus acres to be used for the career technical
center. Subject property is zoned AR agriculture residential and is located
on the east side of Craft Road in the southeast corner of the future expansion
of West Sandage Road and Craft Road. Dr. Song,
» Mayor Adam, before you is a request to consider a single lot subdivision for
the Duro County Schools Kari Tech Center. This will be lot one 42.5 acres
as you did mention. couple of I think just two months ago, one or two months
ago, you approved the reszoning of this property to a Arizona arming district
from PUB to a Arizona district to allow for this career center to move forward.
Gas lines are available in the area. Water lines would need to be provided to
the property in order for it to move forward. This is the plan as proposed.
It meets the zoning regulations for the AR zoning district. It meets subdivision
regulations. The planning commission did review this
application at its August 11 meeting. It approved it subject to a number of
conditions one to five. There is a change that I wish to make on condition
number one. Please. Condition number one as recommended by the planning
commission stipulated that except for the extension of public water to the
property which shall be the responsibility of the city of Olive
Branch all other improvements shall be the responsibility of the developer. We
propose to change that or to revise that condition to rather read all
improvements shall be the responsibility of the developer except to the extent
that the city of Olive Branch satisfies its commitment up to uh $500,000 for
infrastructure improvements. I think that is the nature of the commitment
that the city has made to this particular development as opposed to
tying it down to just water. And then lastly,
uh, with the fate of the do innovation
district kind of hanging in the air, the board pushed table application to
September 1st that may affect how sidewalks or the trail system is
constructed in front in the street frontage of this particular piece of
property. This condition number four basically says if the Dudo Innovation
District project were approved then the trail network would not come right up to
the frontage of this property because it will basically cross craft in what will
be the new nail uh road before this particular lot and so the trail will not
need to be constructed. If the Dutto Innovation District were not approved,
then the applicant would basically need to extend that trail up in front of this
property and that will basically be like the trail head. The parking lot will
kind of save as a trail head to to close the loop as far as that particular tray
system is concerned. That's what condition number 462 address. That
concludes staff's presentation. Thank you.
» Thank you. Is anyone here on behalf of the application anything to add, sir?
No, nothing more to add. Thank you. >> Okay. Any any questions, board of the
applicant? I know we're glad to see it get started.
» Absolutely. >> No questions. Thank you.
» Thank you.
» Mr. Wallace, motion to approve as presented. Is there a second?
» Second, Miss Alder. All in favor? >> All oppose? Motion carries. staff has
asked that board uh continue weedy lots to the first meeting in September. Um
what the date is? >> September 1st.
» Oh, September one. If there's a motion to continue it to motion second to
continue to September the 1st. There's some things staff needs to work out with
these lots and they've just asked to continue it.
» Motion to Wallace. Motion to September one. Is there a second?
» Second. >> Second, Mr. Hart. All in favor? I.
» All oppose. Motion carries. Consideration of bids received August
the 10th, 2026 for the public works supplies for FY27.
» Request the table September. >> Okay.
» Request to table this one to September one as well. If the motion is second to
do that. >> So move.
» Gamage Wallace. All in favor? I. >> All opposed. Motion carries.
public hearing date for the budget hearing to provide the general public
with an opportunity to comment on the taxing and spending plan incorporated in
the proposed budget for the city of Olive Branch for fiscal year beginning
October the 1st, 2026 and ended September the 30th, 2027. This public
hearing date was set for August the 4th. Any public comments regarding the city's
budget and proposed notice? I guess it was not proposed but noticed in the
paper.
Okay, we don't need to give a high level overview. This just for comments only,
right? Okay, >> if you wanted to. It's mainly the
public's opportunity. >> If the public's has any concerns about
the city's budget, I'm open for your comments or questions
or input. It's 49 million. I don't I know you don't
want me to go line by outline, but it's 149 million for next year.
Okay. Over 52% for public safety and the expense side uh for police, fire, and
EMS and just a lot of other various costs. But uh if there's no public
comments, I won't belittle it and keep you here all night talking about that
budget. I know Jason, Mr. May is ready to get it passed. He's only been working
on it two months. Our CFO. Okay.
And public comments is hereby public comment section is hereby closed.
» Nothing required. I want to make sure we're not missing somebody. You know,
crumper crumpers were here for the award, I think. But are we missing
anybody else that needed to speak with the board tonight? I just want to make
sure that our guests that have been here all night. Have I missed anybody?
Anything that we need to talk about? Okay.
Okay. If there's anything I'm missing, let me know. If not, we're getting ready
to go in executive session and then we'll go in private session after that.
» We got new business. >> Oh, we got another business.
» All right. I'm ready to go. Let's do the new business. [laughter]
» You got six. >> Okay. I got you. Very good. I got you.
Very good. They're for new business. My bad. Let's let's go to the uh new
business consideration recommendation to approve change order CO226
on a contract with Leman Roberts Company in the additive amount of 108,894
increasing the contract from 2,14868250 to2,257,576.50
50 cents for the project referred to as the term bid contract for the annual
full depth reclamation and asphalt overlay. Mr. Swims.
» Yes, sir. We had um some cost savings on the state line portion of the overlay
projects that we've been doing this year uh in excess of $300,000. And so we've
got term bids with this first um new business. Item number one um is for the
asphalt portion that we're trying to take and utilize some of that money for
some of the oldtown area. Um and so this one particular um change order here for
um 108,894 will basically take care of the asphalt
overlay for Kerr Road in the Oldtown area. So we are recommending we move
forward with that.
» Questions or comments or motions? Make a motion to approve.
» Ear heart motion. Is there a second? >> Second.
» Second. Collins. All in favor? >> All opposed? Eyes have it. Consider item
two. Consideration of recommendation to approve change order number CO326
on contract with Leman Roberts Company in the additive amount of $76,500.
increasing the contract from 1,7557,442
to1,833,942
for the project referred to as the term bid contract for annual surface
treatment. So this [clears throat] one is basically
part of this part B of the of the overlay. So this is the patching part.
So the the four roads that we're looking at that are going to be affected by the
patching is going to be um Kerr Kerr Street I guess um depot and Pigeon Roost
and then Parkwood. So those will all have patching that'll be associated with
this. So we are asking that we approve this to uh and the term contract term
contract with layman Roberts.
» Questions or motions? >> Motion to approve.
» Hamilton motion. Wallace second. All in favor? I.
» All oppose. Eyes have it. Consideration of recommendation to approve change
order number one on the contract with Vance Brothers Incorporated in the
additive amount of $103,930 983.60
increasing the contract from $811,738.60
to95,722.20
for the project referred to as pavement preservation. Mr. plans.
» This would be a second um contract. This is Vance Brothers, not Lingland Roberts.
This is where we're doing our pavement preservation. So on Parkwood, we're
actually going to be doing the patching and then we'll be coming back with a
double micro on that road. So this is just uh the cost associated with
increasing contract change order number one for a contract with Vance Brothers.
» Any qu motion by Mr. Dixon to approve? Is there a second?
» Second, Miss Alders. All in favor? >> I.
» All oppose. Eyes have it. Consideration of recommendation to approve
construction engineering and inspection services contract with Civil Link
Incorporated in the amount of $228,47463
for the project referred to as a state line at Davidson intersection
improvements. >> Yes, sir. Y'all recall this is the um
installation of a signal and the improve and actually the lane widening at
Davidson and Stateline Road. Uh we're getting fairly close. This is going to
be the construction engineering and inspection portion of the contract
that's required by MDOT for us to have that in place before we move forward
with um um the next phase going into construction. So, we have reviewed it
and we agree that uh uh this is a reasonable amount. MD dots been in
agreement with it as well. So, we're asking for approval tonight.
» Mr. Swims, one question on that. Did we ask for or approve a traffic signal or
is it going to be four stop signs with the flashing?
» It's going to be a traffic signal. >> The actual signal. Okay.
» Thank you, sir. I'll make a motion to approve.
» Motion by your heart. Is there a second? >> Second.
» Second. Hamilton. All in favor? >> All oppose? Motion carries. And now I
recognize why the other two guests are here with us. So, I'm slowly connecting.
It's just been a long day. Consideration of recommendation to accept Sigma Health
dental and vision insurance proposals received for fiscal year 2627.
Mr. May, anything to add to that? No sir, I would just say that
we've got quotes from Sigma basically same provided now be no decrease in
benefits were also solicited from Blue Cross Blue
Shield United.
We use those quotes to negotiate with them.
» Thank you. >> Motion to approve by Mr. Wallace. Is
there a second? >> Second.
» Second. Mr. Earhart. All in favor? >> All opposed? Eyes have it.
» And I just want to commend those two for the work they did. That's a lot of
wrangling and wrestling and I know what it takes. So, thank you for your efforts
there working with Jason, too. >> You've had some You've had some
experience doing that, Mr. Hart. A little bit experience.
» Understood. With Yes. Thank you very much.
» That's not a one-day process, is it? That does take a while. So, thank you.
Consideration of recommendation to approve change order number two on the
contract with Phillips Contracting Company Incorporated in additive amount
of $35,146 increasing the contract amount from
2,859,945
to $2,895,91
for the project referred to as apron rehabilitation phase 2. Mr. swims.
» As y'all may recall, um, last month we actually did a change order that was
affecting a different area. So, this is some of the same type of work where they
did apron rehabilitation work and damage some of the electrical affecting
different hangers. So, uh, moving to a different area of the airport. We are
requesting that uh that uh y'all approve this uh this change order for this um
electrical issue to be resolved. >> Thank you.
Questions or motions? >> Motion to approve.
» Mr. Gamage. Motion to approve. Is there a second?
» Second, Mr. Dickerson. All in favor? >> I.
» All oppose. Eyes have it. Is there a motion to leave regular session with the
intention of going into executive session?
» Mr. Wallace. Motion. Is there a second? >> Second. Miss Aldidge. All in favor?
» I. >> All oppose. We are out of regular
session. Is there a motion to go into executive session to discuss executive
session items as listed 1 through 7? >> So move.
» Motion for Mr. Earhart. >> Second.
» Second, Mr. Wallace. All in favor? >> All oppose. We are in executive session.