City of Ocean Springs

Aldermen Agendas

AGENDA
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS

1. CALL TO ORDER

2. ROLL CALL

3. PRESENTATION
a) Fort Bayou Children’s Park – Frank Burandt

4. NEW BUSINESS
a) Del Castle demolition permit request – Robert O’Dell (Exhibit 4-a)
b) Water billing – Dianna Zinn (Exhibit 4-b)

5. PUBLIC COMMENT: The public is invited to address the Board for up to 3 minutes.  The Board will take all comments under advisement for potential action at a later date if warranted

6. CONSENT AGENDA
Mayor:
a) Ratify lease extension with Alice Martin for parking at Harbor through March 31, 2007 (Exhibit 6-a)
b) Authorize waiving rental fee of Civic Center on December 5, 2006 for “Be a Santa to a Senior” gift wrapping party (Exhibit 6-b)
City Clerk:
c) Approve Minutes: Recess Meeting September 13, 2006 (Exhibit 6-c)
d) Approve payment: Docket of Claims and spread docket summary upon the Minutes (Exhibit 6-d)
e) Accept Action Report (Exhibit 6-e)
f) Adopt Municipal Compliance Questionnaire and spread upon the minutes (Exhibit 6-f)
g) Accept findings stating that Senior Citizen discounts for utilities are prohibited (Exhibit 6-g)
h) Appoint Selection Committee for CDBG Professional Services as recommended (Exhibit 6-h)
Police Dept.:
i) Authorize promotion of Patrolman Harry “Bucky” Harris to Lieutenant 3rd Class, annual salary $36,500.00 (Exhibit 6-i)
j) Authorize employment of Steven Riley as a Correction Officer, annual salary $26,000.00, probation one year, effective October 4, 2006 and allow him to attend the next available State Certified Correction Officer/Jailer training class (Exhibit 6-j)
k) Clarify minutes dated September 5, 2006 to authorize six month probation of Dispatcher Donna Staszko to be honored as previously served (Exhibit 6-k)
l) Authorize purchase of a K-9 Transport Cage at a cost of $1,570.41 (Exhibit 6-l)
m) Authorize lease of four FLHTP Electric Glide Police Motorcycles from Chunky River Harley-Davidson at a monthly rate of $350.00  per motorcycle (Exhibit 6-m)
n) Authorize purchase of one 2007 Chevrolet Tahoe from Roger Dabbs Chevrolet for $29,900.00 per state bid (Exhibit 6-n)
Fire Dept.:
o) Accept monthly Fire Reports (Exhibit 6-o)
Risk Manager/HR:
p) Accept job descriptions for Director of Parks and Leisure Services and Assistant Director of Parks and Leisure Services and spread upon the minutes (Exhibit 6-p)
City Engineer:
Public Works:
q) Authorize employment of Charles Eddie Hibbard as a Street Department Laborer, hourly rate $9.67 upon successful completion of all pre employment qualifications  (Exhibit 6-q)
r) Authorize going out for bid or obtain from State Contract  items previously approved (Exhibit 6-r)
Community Development & Planning:
s) Accept Tree Committee Report (Exhibit 6-s)
t) Authorize Mayor to sign the notice from the Mississippi Forestry Commission awarding the Katrina Urban & Community Forestry Assistance Grant which allows the employment of a Forester/Arborist and authorize advertising for the position (Exhibit 6-t)
Planning Commission
u) Accept Planning Commissions recommendation to approve a special use for a mixed use development to include residential uses on the ground floor at 2304 Bienville Blvd. (Exhibit 6-u)
Historic Preservation Commission
v) Accept Historic Preservation Commissions recommendation to allow construction of a new home at 513 Front Beach Drive (Exhibit 6-v)
w) Accept Historic Preservation Commissions recommendation to allow exterior renovations at 517 Rayburn Avenue (Exhibit 6-w)
Zoning & Adjustment Board
x) Accept Zoning & Adjustment Boards recommendation to approve a variance request for a wall sign at 2703 Bienville Blvd. (Exhibit 6-x)
Parks & Leisure Services:
y) Authorize promotion of Geri Straight to Assistant Parks & Leisure Services Director, annual salary  $38,200.00 (Exhibit 6-y)
z) Accept Park Boards recommendation for layout of Fort Bayou Estates Children’s Park and accept Kaboom Grant (Exhibit 6-z)
City Attorney:

7. DEPARTMENT REPORTS
Mayor:
Action Items:
a) Accept option extension for FEMA lease at Civic Center through June 2007 (Exhibit 7-a)
b) CIAP Projects (Exhibit 7-b)
c) Accept resignation of Jennifer Marshall, Public Relations, effective September 29,2006 (Exhibit 7-c)
Discussion Item:
d) Joint Harbor Committee with Board of Supervisors, BOA and the Harbor Commission to discuss potential waterfront improvements
Information Items:
e) Senior Citizens Center renovation schedule (Exhibit 7-e)
f) Proposed FY 07 budget of Jackson County Economic Development Foundation (Exhibit 7-f)
City Clerk:
g) Update on FEMA Project Worksheets (Exhibit 7-g)
Police:
Fire:
Risk Manager/HR:
City Engineer:
Public Works:
Community Development & Planning:
Parks & Recreation:
City Attorney:
h) Water and Sewer rates Ordinance (Exhibit 7-h)

8. ALDERMAN’S FORUM
a) Road improvement funds – Alderman Dalgo
b) Authorize City Attorney to draw up documents for an easement at 110 LaBranche to allow City to clear trees and improve drainage – Alderman Denyer

RECESS UNTIL 6:00 P.M. on October 17, 2006

MINUTES
REGULAR MEETING OF OCTOBER 3, 2006
Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Regular meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on October 3, 2006.  Mayor Moran presiding, Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer, Dalgo and Hagan were present.  Also present were City Attorney John Edwards and City Clerk Adrienne Howell.

Alderman Weaver gave the invocation and Mayor Moran led the Pledge of Allegiance.
PRESENTATION

Mr. Frank Burandt, Master Landscape Architect, presented a drawing of the Fort Bayou Children’s Park.  Motion was made by Alderman Weaver, seconded by Alderman Gill and unanimously carried to accept the plans for the Fort Bayou Children’s Park and authorize the use of City funds for construction.
OLD BUSINESS

Motion was made by Alderman Hagan and seconded by Alderman McDonnell to accept an addendum to the agenda regarding Ocean Point Condominiums (Exhibit A-1a).  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Hagan voting aye and Aldermen Denyer and Dalgo voting nay.

Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to open the matter for discussion regarding the Ocean Pointe Condominiums building permit.

Motion was made by Alderman Hagan and seconded by Alderman McDonnell to rescind the stay on the issuing of the building permit for Ocean Pointe Condominiums.  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Hagan voting aye and Aldermen Denyer and Dalgo voting nay.

Motion was made by Alderman Lloyd and seconded by Alderman Dalgo to remove the top floor of Ocean Pointe Condominiums from the books and records and it not be allowed.  Following discussion, motion was withdrawn by Alderman Lloyd.  The City Attorney recommended an Executive Session.

EXECUTIVE SESSION

Motion was made by Alderman Lloyd and seconded by Alderman McDonnell to go into closed session to determine the necessity of going into executive session.  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.

The City Clerk returned to the meeting and announced that a motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to remain in executive session to discuss potential litigation concerning the Ocean Pointe Condominium Development and permitting.

Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to come out of executive session and return to regular session.

Motion was made by Alderman Dalgo, seconded by Alderman Lloyd and unanimously carried to direct the Mayor to ensure before a permit is pulled that the Ocean Pointe Condominium Development complies with all the requirements of an R-1A zone or the proper procedures have been followed meaning that the Planning Commission has made a recommendation accepted by the Board of Aldermen which would not require them to meet the elements of the Ordinance.

Motion was made by Alderman Lloyd and seconded by Alderman Dalgo to request an Attorney General’s Opinion as to whether the issue of the top floor of Ocean Pointe Condominium Development and the Waterview Enhancement provision of the Ordinance is legal and hold the issue in abeyance until the opinion is received in writing.  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
NEW BUSINESS

Mr. Robert O’Dell, attorney for the Legate Family Trust, presented a request for the demolition of Del Castle.  Motion was made by Alderman Dalgo, seconded by Alderman Lloyd and unanimously carried to make the documents he submitted part of the record (Exhibit 4-a).  Mr. O’Dell explained that his client has not heard from Mr. Cooper Norman about the possible renovation and lease of the property in several months and would like to proceed with the demolition permit.  Mayor Moran asked Mr. Legate if he would wait sixty days to see if an agreement could be made with Mr. Norman and he responded negatively.  Motion was made by Alderman McDonnell and seconded by Alderman Gill to allow the demotion permit for Del Castle.  Motion carried with Aldermen Gill, McDonnell, Lloyd and Hagan voting aye and Aldermen Weaver, Denyer and Dalgo voting nay.  Mayor Moran attempted to exercise her right to veto the motion, but the City Attorney advised her that the veto must be in writing.

Ms. Dianna Zinn was not present to discuss water billing (Exhibit 4-b).
PUBLIC COMMENT

Mr. Henry Laird, attorney representing the Concerned Citizens of Ocean Springs, said that it is very clear that condominiums are not to be placed in an R-1A zone and that his group has asked for public hearings and dialogue which they have not received.

Mr. Robert Schwartz, attorney representing Front Beach Condominium Developments, said his clients applied to the City for the project prior to the storm, it was previously an apartment complex which they are replacing with an equal number of units of condominiums; that all the approvals were given through the Board of Aldermen and they did everything they were asked to do by the City; and in addition, they have agreed to pay the fees requested of them for the Waterview Enhancement provision of the Ordinance.  The developers have invested over two million dollars in the project and merely ask that the permit that they are entitled to be issued.

Motion was made by Alderman Dalgo, seconded by Alderman Weaver and unanimously carried to enter into discussion with Mr. Schwartz.  Alderman Dalgo said that he does not feel that the Ocean Pointe Condominium Development meets the criteria for R-1A zoning, the way it is spelled out in the ordinance.  Mr. Schwartz said that the project was approved for condominiums with the existing zoning and that condominiums are a form of ownership recognized by Mississippi law.

Ms. Mary Mar Beckham, 1209 Cove Avenue, requested that the 1995 Waterview Ordinance be restored.

Mr. Eric Zala, 301 Wisteria Street, asked that the request for removal of the Magnolia tree on Lovers Lane which is included in the Tree Committee Report be reconsidered.

Ms. Judy Herrington, 314 Lovers Lane, requested that the Magnolia Tree on Lovers Lane not be removed.
CONSENT AGENDA

Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to approve the Consent Agenda with the exception of item (d) which was pulled by Alderman Hagan and items (s), (t) and (u) which were pulled by Alderman Weaver.

The City Attorney recommended that item (b) be voted on separately.  Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to authorize waiving the rental fee of the Civic Center on December 5, 2006 for the “Be a Santa to a Senior” gift wrapping party to promote the resources of the City of Ocean Springs.

Alderman Hagan pulled item (d) and recommended that an unlimited use plan be explored for City cell phones to manage the expense.  The City Clerk said that it will be discussed at the next staff meeting.  Motion was made by Alderman Hagan and seconded by Alderman Weaver to approve payment of the Docket of Claims.  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Hagan voting aye and Alderman Dalgo voting nay.

Alderman Weaver pulled item (s) and asked that the Tree Committee revisit the Magnolia tree on Lovers Lane.  Motion was made by Alderman Weaver, seconded by Alderman Dalgo and unanimously carried to accept the Tree Committee report with the exception of the Magnolia Tree on Lovers Lane which should be revisited.

Alderman Weaver pulled item (t) and congratulated Carolyn Martin and Angela Mohar on the award of the grant from the Mississippi Forestry Commission which will allow the employment of a Forester/Arborist.  Motion was made by Alderman Weaver, seconded by Alderman Dalgo and unanimously carried to approve item (t) to authorize the Mayor to sign the notice from the Mississippi Forestry Commission awarding the Katrina Urban & Community Forestry Assistance Grant which allows the employment of a Forester/Arborist and authorize advertising for the position.

Alderman Weaver pulled item (u) and asked why the Planning Commission vote was split for the project at 2304 Bienville Boulevard.  Mary Marr Beckman explained that the plans since the original submission have changed and now include a reduction in the amount of commercial space and a two story parking garage which was objectionable to some of the Planning Commission members.  Motion was made by Alderman Weaver, seconded by Alderman Gill and unanimously carried to approve item (u) to accept the Planning Commissions recommendation to approve a special use for a mixed use development to include residential uses on the ground floor at 2304 Bienville Boulevard.

DEPARTMENT REPORTS

Mayor

Motion was made by Alderman Denyer and seconded by Alderman Lloyd to accept an option extension for the FEMA lease at the Civic Center through June 2007 (Exhibit 7-a).  Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.

Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to accept the submission of Coastal Impact Assistance Plan (CIAP) projects to Jackson County with the exception of the drainage study (Exhibit 7-b).

Motion was made by Alderman Gill, seconded by Alderman Dalgo and unanimously carried to have the drainage study updated.

Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to accept the resignation of Jennifer Marshall as the Public Relations Coordinator.

Mayor Moran announced that a meeting was held by the Joint Harbor Committee with the Board of Supervisors, Board of Aldermen and the Harbor Commission to discuss potential waterfront improvements.  The next meeting will be held on October 24, 2006 at 8:00 a.m.

The Mayor presented the Senior Citizens Center renovation schedule (Exhibit 7-e) and the proposed FY 07 budget of the Jackson County Economic Development Foundation (Exhibit 7-f).

City Clerk

The City Clerk gave a status update of the City’s FEMA projects (Exhibit 7-g).  She reported that fifty worksheets have been submitted totaling approximately $6,542,318.00.  As of today, $2,280,502.00 has been received from FEMA.  She explained that the improved project for Fort Maurepas has not yet been received which drew some discussion led by Alderman McDonnell as to why funds have not been obligated for the proposed park.  Ms. Howell said that the formal request for the improved/alternate project was submitted August 3, 2006 but has not yet received any confirmation or word of approval.  She explained that over $600,000.00 had been obligated to rebuild the Fort as it was but it had been agreed upon that a public park would better suit the area.  After further questioning and discussion by the Board, motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried not to incur any further expenses on the Fort Maurepas project until the FEMA funding is approved.

Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to go forward with the hazardous mitigation project for a concrete pier in conjunction with Jackson County.

Ms. Howell said that the green car used for meter reading is in a state of disrepair.  Motion was made by Alderman Dalgo, seconded by Alderman Lloyd and unanimously carried to proceed with the purchase of two vehicles which are budgeted for the Water and Sewer Department.

Fire

Chief Hare announced that Fire Prevention Week is October 8 – 14, 2006 and the parade will be held on Saturday, October 13, 2006 at 1:00 p.m.

City Attorney

Motion was made by Alderman Lloyd and seconded by Alderman Dalgo to adopt Ordinance No. 27-2006 AN ORDINANCE BEING AN AMENDMENT TO ORDINANCE NO. 2-1955, AND THE AMENDMENT THERETO ADOPTED FEBRUARY 26, 1980, THE AMENDMENT THERETO ADOPTED SEPTEMBER 4, 1984, AND THE AMENDMENT THERETO ADOPTED SEPTEMBER 19, 1995, BEING AN AMENDMENT PRESCRIBING THE NEW CHARGES FOR WATER AND SEWER SERVICES BY THE CITY OF OCEAN SPRINGS, MISSISSIPPI (Exhibit 7-h).  The motion passed with a roll call vote as follows:

Alderman Weaver   Voted Aye
Alderman Gill    Voted Aye
Alderman McDonnell  Voted Nay
Alderman Lloyd   Voted Aye
Alderman Denyer   Voted Aye
Alderman Dalgo   Voted Aye
Alderman Hagan   Voted Nay

Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to authorize the Mayor and City Clerk to follow the order from the Circuit Court for the repayment of Impact Fees.  The City Clerk explained that the plan includes paying back the Impact Fees with an additional three percent of interest which is a higher rate than what was received from the interest bearing account.  Following discussion, motion was withdrawn by Alderman McDonnell.

Several Aldermen said that they have been receiving complaints about comments made by the Mayor in the Sun Herald and on WLOX about a new fee to be collected from developers.  They asked that the subject not be discussed publicly until action is taken by the Board.  The Mayor explained that there is research of a possible Adequate Facilities Ordinance which would come to the Board for approval that would authorize the City to negotiate with developers and enter into a Memorandum of Agreement or Understanding.  This would be done on a voluntary basis and not be a requirement.

Motion was made by Alderman Weaver and seconded by Alderman Gill to accept the plan for the repayment of Impact Fees from Judge Harkey and authorize the City Clerk to pay the excess funding from the General Fund.  Motion carried with Aldermen Gill, Lloyd, Weaver, Denyer and Hagan voting aye and Aldermen McDonnell and Dalgo voting nay.
ALDERMAN’S FORUM

Alderman Dalgo announced that the Jimmy Buffet Fan Club will be serving lunch in Bay St. Louis on Friday, October 13, 2006 beginning at 10:00 a.m.

Alderman Dalgo said that the Jackson County Road Department will be in Ocean Springs mid to late October and there is in excess of $400,000.00 for road paving which he recommended be divided among the wards.  Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to divide the road paving funds equally among the six wards.

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize the City Attorney to draw up documents for an easement between 108 and 110 Labranche to allow the City to clear trees and improve drainage.

Motion was made by Alderman Hagan and seconded by Alderman Dalgo to authorize the City Attorney to draft an ordinance to abolish the Design Review Guidelines Ordinance.  Motion failed with Aldermen McDonnell and Hagan voting aye and Aldermen Gill, Lloyd, Weaver, Denyer and Dalgo voting nay.
EXECUTIVE SESSION

Motion was made by Alderman Lloyd, seconded by Alderman Gill and unanimously carried to go into closed session to determine the necessity of going into executive session.

The City Clerk returned to the meeting and announced that a motion was made by Alderman Weaver and seconded by Alderman Hagan to remain in executive session to discuss litigation involving a right of way in Ward V, a right of way in Ward I and a property dispute in Ward I.

The following motions were made in Executive Session:

Motion was made by Alderman Lloyd, seconded by Alderman Hagan and unanimously carried to decline the request to provide an easement for ingress and egress through Evergreen Cemetery and to request the landowner to pursue an easement toward Iberville Drive.

Motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to allow the City Attorney to proceed in Chancery Court to enforce the City’s authority in regard to a Right of Way on Nottingham Drive.

Motion was made by Alderman Weaver, seconded by Alderman Lloyd and unanimously carried to allow the City Attorney to proceed in Chancery Court in regard to a Right of Way in Bayou Sauvolle.

Motion was made by Alderman McDonnell, seconded by Alderman Lloyd and unanimously carried to come out of executive session and return to regular session.

Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to recess until 6:00 p.m. on October 17, 2006.

 

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