MINUTES SUMMARY NOVEMBER 2, 2010

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1 1 BE IT REMEMBERED that the Mayor and Board of Aldermen of the City of Olive Branch met in regular session, November 2, 2010 at 6:30 o clock p.m., in the Municipal Court Room at 6900 Highland Street. ROLL CALL (Establish Quorum): The City Clerk called roll to establish quorum with the following members present to wit: Mayor, Samuel P. Rikard, Alderman George Collins, Alderman Dale Dickerson, Alderwoman Pat Hamilton, Alderman Harold Henderson, Alderwoman Susan Johnson, Alderman Don Tullos and Alderman David Wallace. These members constitute a quorum. Also present were Judy Herrington, City Clerk and Bryan Dye, City Attorney. AGENDA CALL TO ORDER: Mayor Rikard called the regular meeting to order at 6:30 o clock p.m. Alderman Tullos had the opening prayer. APPROVAL OF MINUTES: Minutes of the Regular Meeting held October 19, 2010, approved as presented, motion carried with Alderman Dickerson, Alderwoman Hamilton, Alderman Henderson, Alderwoman Johnson, Alderman Tullos and Alderman Wallace voting in favor and with Alderman Collins abstaining. Minutes of the Bond Proceed Utilization Committee Meeting held November 1, 2010, approved as presented, motion carried with Alderman Henderson, Alderwoman Johnson and Alderman Tullos voting in favor and with Alderman Collins, Alderman Dickerson, Alderwoman Hamilton and Alderman Wallace abstaining. CONSENT AGENDA: Items on Consent Agenda approved as presented, motion carried unanimously. 1. Travel/Training Approved

2 2 2. Amend Budget for fiscal year beginning 10/01/2010 and ending 9/30/2011. Amended 3. Declare inoperable water meters as surplus and request authorization to advertise for sale at public auction and/or dispose of as determined and in accordance with state law. Declared and authorized 4. Approve three (3) additional holidays as proclaimed by Governor Haley Barbour with offices to be closed: Friday, November 26, 2010 in further observance of the Thanksgiving holiday; Monday, December 27, 2010 in further observance of the Christmas holiday; and Monday, January 3, 2011 in further observance of the New Year s Day holiday. Approved 5. Authorize correction of scrivener s error on minutes of the September 15, 2009 Regular Meeting of the Mayor and Board of Aldermen of the City of Olive Branch, Book 75, Pages 240 and 241 as pertains to the agreement with Radix Corporation and authorizing payment of associated costs. Said minutes currently indicate Dispatch Police Department but should read Utilities Department. Authorized 6. Authorize the Mayor and City Clerk to refund $2, deposit to American Fireworks Co, Inc. on Street Cut Permit # for work completed at the northwest corner of Hacks Cross Road and Ridgeway Industrial, now that work is complete and has received satisfactory inspection. Authorized 7. Authorize the Mayor and City Clerk to refund $2, deposit to American Fireworks Co, Inc. on Street Cut Permit # for work completed at the northwest corner of Hacks Cross Road and Ridgeway Industrial, now that work is complete and has received satisfactory inspection. Authorized 8. Authorize the Mayor and City Clerk to refund $2, deposit to American Fireworks Co, Inc. on Street Cut

3 3 Permit # for work completed at southwest corner of Camp Creek and Germantown Road, now that work is complete and has received satisfactory inspection. Authorized 9. Authorize the City of Olive Branch to enter into a professional services contract with Wittco Enterprises to provide concession services for the 2011 calendar year. Authorized 10. Authorize Roosevelt Hodges with Specialty Transportation to obtain a Certificate of Permit to operate a Motor Vehicle for Hire in the City of Olive Branch (MS Code Ann. Sec et seq). Authorized PLANNING COMMISSION / NEW BUSINESS: 1. Public Hearing date for consideration and action on motion declaring the condition of the following properties, to be a menace to the public health and safety, and directing either the City staff or contract labor to clean the properties forthwith. Name Address Parcel# Kreunen & Kreunen LLC Ridgeway Ind Dr Acres located South Conrad L. Kreunen of Ridgeway Ind. Dr acres West of H & K Warehouse Inc Ridgeway Ind. Dr acres located North of Chateau Dr & Olive Branch MFG Co Inc West of French Fort Dr Jose Garcia 4700 Dupree Tabled til meeting of November 16, 2010, motion carried unanimously. List A Name Address Parcel# CE Bio LLC 8405 Metro Dr acres Immediately Herkules USA Corp. North of 8405 Metro Dr

4 acres on the East side of Germantown Rd & South BOP Properties, Inc. of 8880 Germantown Rd Board voted that these properties are not currently a menace to public health and safety, and that no cleaning of the properties should be authorized, motion carried unanimously. List B Name Address Parcel# 5.46 acres North of Ridgeway Ind. Dr. & West of Lots 3 & 5 Olive Branch Group LLC of Skymac Development acres located East of Dan A. Brown Fox Hunt Center Lot Declared and directed, motion carried unanimously. 2. Consideration of action on motion determining the actual cost of cleaning the following properties, determining whether to assess a penalty, and to declare whether the debt will be collected by civil suit or placed as a lien on the property taxes. Name Address Parcel# Marsha & Patrick Carodine 8793 Windersgate Dr Mark Eisenlohr Catalpa Recontrust Company 7467 Carmon Dr Johnny J. Hupf Chateau Dr Kevin Wilkinson 6061 Brooks Cv "1.22 acre lot on Goodman Rd. Bradler S. Spence Next to O Reilly s Auto " "Lot 102, New Life Ministries Pleasant Ridge Estates" "Thompson & Co "Lot 234, Investments LLC" Crumpler Place Golf Villas" Thompson & Co "Lot 235, Investments LLC" Crumpler Place Golf Villas" Determined cost, imposed penalty and assessed same (to be collected by tax collector), motion carried unanimously. OLD BUSINESS:

5 5 1. Consideration of recommendation from Steve Bigelow, City Engineer, for approval of Change Order #3 with Ronald Franks Construction (RFC), in the amount of $6,562.40, relative to Holiday Crossing & Olive Ridge Drainage Improvements, increasing the contract amount from $119, to $126,269.96; accept the project as complete, and authorize final payment in the amount of $15, including retainage, to be paid from the 4 million GO Bond proceeds. Tabled til this date in meeting of October 19, Tabled til meeting of November 16, 2010, motion carried unanimously. NEW BUSINESS: 1. Consideration of request for authorization to make donation of $8,500 to Olive Branch Chamber of Commerce. Authorized, motion carried unanimously. 2. Consideration of proposal from Home Builders Association of North Mississippi Regarding Seismic requirements of the 2006 International Residential Code (Building Code). Authorized one (1) year waiver on Seismic requirements, motion carried unanimously. 3. Approve DeSoto County Economic Development Council as a professional membership for City of Olive Branch and authorize payment of membership dues and corporate sponsorship to same for Approved and authorized, motion carried unanimously. 4. Consideration of request from Mr. Dan Brown, Dan A. Brown Land Co. for extension of time to complete all improvements to Fox Hunt Commercial Subdivision. Directed City Attorney to present sight draft on Letter of Credit, motion carried unanimously. 5. Consideration of request from Mr. Bradlee S. Spence for extension of time to complete all improvements to Davidson Oaks Commercial Subdivision. Granted, motion carried unanimously. 6. Consideration of authorizing City Attorney to present sight draft on Letter of Credit for Lyons Gate Subdivision, Sec C, D, and E, Kim Kreunen, Developer.

6 6 Directed City Attorney to present sight draft on Letter of Credit, motion carried unanimously. 7. Consideration of authorizing City Attorney to present sight draft on Letter of Credit for Southcreek Subdivision, Kevin Hyneman, Developer. Directed City Attorney to present sight draft on Letter of Credit, motion carried unanimously. 8. Consideration of acceptance of the Bond Proceed Utilization Committee recommendations as relates to funding minor refurb of public buildings at 9245 Pigeon Roost Road and 9236 Pigeon Roost Road with bond proceeds. Accepted, motion carried with Alderman Collins, Alderman Dickerson, Alderwoman Hamilton, Alderwoman Johnson, Alderman Tullos and Alderman Wallace voting in favor and with Alderman Henderson being recused. 9. Consideration of recommendation from the City Clerk to accept Pay App # 1 from B & C Construction Co. Inc in the amount of $553, on the Olive Branch NRDC Infrastructure Project (for McKesson Corporation), approve said pay app for payment to be made from the MIIF (Mississippi Industry Incentive Finance) Grant recently awarded to the city, and authorize the City Clerk to submit Request for Payment to MDA for said payment to be made directly to B & C Construction Co, Inc. Accepted and authorized, motion carried unanimously. 10. Accept the 2010 Bullet Proof Vest Grant from the United States Office of Justice Programs in the amount of $5,278 to reimburse the city for 50% of the cost to purchase 18 Extreme Bullet Proof Vests for the Olive Branch Police Department. Accepted, motion carried unanimously. EXECUTIVE SESSION: 1. Personnel matters in the Ambulance Department Consideration of recommendation for potential new hire Hired one (1) employee, motion carried unanimously. 2. Personnel matters in the Police Department

7 7 Consideration of recommendation for potential new hires Hired five (5) employees, motion carried unanimously. 3. Personnel matters in the Animal Control Department Consideration of recommendation for transfer, promotion and salary increase Authorized transfer, promotion and salary increase for one (1) employee, motion carried unanimously. 4. Acquisition of Property/Potential Litigation Consideration of I-269 Utility Relocation Project Approved easements and compensation for four (4) property owners, motion carried unanimously. Authorized proceeding with eminent domain, motion carried with Alderman Collins, Alderman Dickerson, Alderwoman Hamilton, Alderman Henderson, Alderwoman Johnson and Alderman Tullos voting in favor and with Alderman Wallace voting in opposition. CLAIMS DOCKETS: Warrant report # , dated 10/29/2010, 273 invoices totaling $622, Approved for payment, motion carried unanimously. Warrant report # , dated 11/02/2010, 115 invoices totaling $537, Approved for payment, motion carried unanimously. Warrant report #1102AT&T, dated 11/02/2010, 1 invoice totaling $ Approved for payment, motion carried with Alderman Collins, Alderwoman Hamilton, Alderman Henderson, Alderwoman Johnson, Alderman Tullos and Alderman Wallace voting in favor and with Alderman Dickerson being recused Warrant report #11024MGO, dated 11/02/2010, 2 invoices totaling $21, Approved for payment, motion carried unanimously. Warrant report #1102FEDX, dated 11/02/2010, 1 invoice totaling $62.04.

8 8 Approved for payment, motion carried with Alderman Collins, Alderman Dickerson, Alderwoman Hamilton, Alderman Henderson and Alderwoman Johnson voting in favor and with Alderman Tullos and Alderman Wallace being recused.

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