Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Special Call meeting at the Ocean Springs City Hall in the City of Ocean Springs at 8:00 a.m. on January 12, 2012.  Mayor Pro Tem Gill presiding, Aldermen Gill, McDonnell, Cody, Denyer and Hagan were present.  Also present was City Clerk Shelly Ferguson.  Alderman Dalgo was absent.  The Mayor was absent at roll call but arrived later in the meeting.       

The Mayor Pro Tem called the meeting to order.

Alderman Cody gave the invocation and the Mayor Pro Tem led the Pledge of Allegiance.

The Special Call Meeting is for the purpose of any and all matters pertaining to approving amended Minutes:  Regular Meeting November 1, 201 (Exhibit a); approving Minutes: Regular Meeting January 3, 2012 (Exhibit b); authorizing changing date of recess meeting from January 16, 2012 to January 18, 2012, beginning at 6:00 p.m. at City Hall; authorizing the Mayor to request Gulf Regional Planning Commission to activate the Government Street Improvement project, pending their approval of changing the termini from Hanley Road to Davis Bayou, and to replace with termini from Hanley Road to Beachview Road; authorizing the Mayor to execute and record three warranty deeds for right-of-way along Porter Avenue for the sidewalk project, and one temporary construction easement for drainage, pending final acceptance of the parcel owners, City Attorney concurs (Exhibit e); authorizing the Mayor to sign the letter to name Lemon Mohler Insurance Agency as the Agent of Record for the Commercial Auto Policy (Exhibit f); discussing Wild Food Day on Monday, January 16, 2012, at MLK Park; authorizing the Mayor to execute Change Order No. 7 for Police/Court/Jail, Public Safety Center, 2% Funds in the amount of $4,983.17 (Exhibit h); authorizing the Mayor to execute the Certificate of Substantial Completion for the Police/Court/Jail as of January 13, 2012 (Exhibit i) and discussing opportunity for national marketing exposure through TV magazine “Today in America” (Exhibit j).

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to move items (h) and (i) to the beginning of the agenda.

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to authorize the Mayor to execute Change Order No. 7 for Police/Court/Jail, Public Safety Center, 2% Funds in the amount of $4,983.17 (Exhibit h).

Motion was made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to authorize the Mayor to execute the Certificate of Substantial Completion for the Police/Court/Jail as of January 13, 2012 (Exhibit i).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to approve the amended minutes of the Regular Meeting of November 1, 2011 (Exhibit a).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to approve the minutes of the Regular Meeting of January 3, 2012 (Exhibit b).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to change the date of the recess meeting from January 16, 2012 to January 18, 2012, beginning at 6:00 p.m. at City Hall (Exhibit c).

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried authorize the Mayor to request Gulf Regional Planning Commission to activate the Government Street Improvement project, pending their approval of changing the termini from Hanley Road to Davis Bayou, and to replace with termini from Hanley Road to Beachview Road (Exhibit d).

The Mayor arrives and assumes control of the meeting.

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to execute and record three warranty deeds for right-of-way along Porter Avenue for the sidewalk project, and one temporary construction easement for drainage, pending final acceptance of the parcel owners, City Attorney concurs (Exhibit e).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to sign the letter to name Lemon Mohler Insurance Agency as the Agent of Record for the Commercial Auto Policy (Exhibit f).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to authorize up to $200.00 each from the Mayor’s Capital Improvement Account, Ward 1, 3, 4 and 6 Capital Improvement Accounts to advertise City resources at the Wild Food Day on Monday, January 16, 2012 at MLK Park (Exhibit g).

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the Mayor to proceed with negotiations with outside funding sources for “Today in America” for the promotional video and return to the Board with funding options before any action is taken (Exhibit j). Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to adjourn the Special Call meeting.                

Meeting ended at 8:26 a.m.

_______________________________             ___________________________

City Clerk                                                        Mayor

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 January 3, 2012.  The Mayor presiding, Aldermen Gill, McDonnell, Cody Denyer and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Alderman Dalgo was absent at roll call but arrived later in the meeting.

The Mayor called the meeting to order.

Alderman Cody gave the invocation and the Mayor led the Pledge of Allegiance.

The Mayor asked to remove items (3-a) – Public Hearing for a lot cleaning at 213 Front Beach Drive and (5-a) – 2011 Restated By-Laws of the Friends of the Mary C. O’Keefe Cultural Center of Arts and Education Corporation; request to release $10,000 allocation to MCOK and appoint a city representative to the MCOK Board until January 17, 2012. 

NEW BUSINESS

Mr. Andy Arrington reported his firm, Arrington & Associates, LLC, was formed in May, 2010 with an office in Gautier.  His firm provides environmental services, engineering services and emergency management services.  He provided the qualifications of personnel.  He asked the Board to consider using his firm for upcoming projects.

The Mayor asked to pull items (7-a) and (7-d) for discussion at this point in the meeting. 

The Mayor pulled item (7-a) to discuss the questions about the scope of work for the design phase of the Government Street Improvements Project.  The City Attorney explained the scope of work was not sufficiently specific considering how large contract will be.  Mr. Burandt with All South Consulting Engineers, LLC stated it does include the survey work and electric engineering but does include environmental services and right of way acquisition.  The City Attorney stated he reviewed and approved the MDOT template contract and will continue to negotiate the scope of work to be incorporated into Exhibit 2 of the Contract.  He also stated the Board of Aldermen had previously approved the All South Consulting Engineers, LLC Contract on December 20, 2011. No action was taken (Exhibit 7-a).    

The Mayor introduced Anne Pitre as the new Executive Assistant and Public Information Officer to the Mayor and Board of Aldermen.  Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to authorize employment of Anne Pitre, Executive Assistant and Public Information Officer to the Mayor and Board of Aldermen, effective January 12, 2012, $16.35 hourly, six-month probationary period and pending successful completion of all pre-employment requirements (Exhibit 7-d).  

PUBLIC COMMENT

Ms. Milady Howard, 505 Brumbaugh Road, announced Supervisor John McKay is holding a Town Hall meeting on January 19^th at 6:00 p.m. at the Fountainbleau Community Center to discuss concerns regarding the Jackson County Animal Shelter and is soliciting input from the community.  She is asking for the City’s support in this matter.

Mr. Dreux Seghers, 1102 Iberville Drive, stated his concerns of the City’s exemption of parking requirements for Psycamore.       

CONSENT AGENDA

Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to approve the Consent Agenda.

DEPARTMENT REPORTS

Mayor:

The Mayor presented a letter from Mr. Stephen Munn, President of the Ocean Springs Carnival Association, Inc. stating they are unable to participate in its organization of the St. Patrick’s Day Parade. 

The Mayor announced she is scheduling a meeting to discuss special events for the upcoming year.  She will email the date when it is set.       

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to recess until 6:00 p.m. on January 16, 2012.     

Meeting ended at 6:38 p.m.

_______________________________             ___________________________

City Clerk                                                        Mayor

___________________                                   ____________________

Date                                                               Date

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Recess meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on December 20, 2011.  Mayor Moran presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer, Dalgo and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.      

Alderman Cody gave the invocation and Alderman Ross’ children led the Pledge of Allegiance.

PRESENTATION

Mr. Mike Daigle with TRC Environmental Corporation gave an update on the Ferson Optics Facility cleanup.  He reported they have removed all of the residual soil that exceeded Mississippi DEQ criteria residential standards and started ground water remediation program in 2009.  They then began quarterly monitoring of the site.  He reported TCE on the southern and western boundaries of the site.  They will continue to assess the property to the south and west to determine the extent of these constituents in the ground water.  Once they delineate, they will propose the remedial technology.  Motion was made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to authorize the Planning Director and City Attorney to draft appropriate documents to allow access of the Ferson property to TRC Environmental Corporation for the Board’s review and approval (Exhibit 3-a).

Motion was made by Alderman Gill and seconded by Alderman Cody to add the Addendum to the Agenda.  Motion carried with Aldermen Ross, Gill, McDonnell, Cody, Denyer and Dalgo voting aye and Alderman Hagan voting nay.   

NEW BUSINESS

Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to authorize to waive the rental fee for the Ocean Springs Civic Center to allow the Boy Scouts of America Pine Area Council to host the Purple and Gold Graduation Dinner on February 25, 2012 (Exhibit 5-a).

PUBLIC COMMENTS

Mr. and Mrs. Jack and Sallie Brandt, 1422 Diller Road, explained an issue concerning the removal of tree limbs hanging over their roof for insurance purposes.  Mr. Brandt stated they would not be able to obtain wind insurance by Coastal American Insurance if the tree limbs hanging over their house were not removed when the underwriter inspected the property on December 23^rd.  Mrs. Brand stated they had petitioned for a permit.  The Planning Director explained the Tree Committee had inspected this property but this was the first time an insurance company requested all of the tree branches overhanging the roof be removed.  The Tree Committee met with the insurance agent on site.  Due to the holidays, the Tree Committee was not able to meet for lack of a quorum and therefore, has no recommendation to the Board.    

Ms. Melanie Allen, spoke as a member of the Tree Committee.  She explained she inspected the property at 1422 Diller Road with the tree issue.  She asked for guidance from the Board to make some case study or precedence.       

Dr. William Pontius stated the City needs to investigate multiple insurance companies and should help set up guidelines for the Tree Committee.  

CONSENT AGENDA AND ADDENDUM

Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to approve the Consent Agenda and Addendum with exception of items (c), (h), (i), (j), (u), (A-1c), (A-1e) and (A-1h) which were pulled by Alderman Hagan and item (f) which was pulled by Alderman Ross.

Alderman Hagan pulled item (c) and asked to include Johnny Groue on the Selection Committee.  Motion was made by Alderman Hagan and seconded by Alderman Dalgo to authorize to appoint the Selection Committee for related Engineering and Environmental Consultant Services for the CIAP funds for Land Acquisition and Clearing for the Protection of Storm Water Outfalls (Magnolia Avenue and Front Beach) with the addition of Johnny Groue, Assistant Public Works Director and Alderman Denyer.  Alderman Dalgo withdrew his second to the Motion.  After further discussion, motion was made by Alderman Hagan and seconded by Alderman Gill to authorize item (7-c) and to include Johnny Groue to the Selection Committee.  Motion failed with Aldermen Gill, McDonnell and Hagan voting aye and Aldermen Ross, Cody, Denyer and Dalgo voting nay (Exhibit 7-c). 

Motion was made by Alderman Dalgo and seconded by Alderman Cody to authorize the Mayor to be on all Selection Committees as a member.  No action was taken. 

Motion was made by Alderman Dalgo, seconded by Alderman Ross and unanimously carried to authorize item (7-c) and to include Alderman Hagan, Mayor Moran and Alderman Denyer on this Selection Committee for the CIAP project (Exhibit 7-c).   

Alderman Ross pulled item (f) and asked to include the response to the letter of protest to the bid in the minutes. Motion was made by Alderman Ross, seconded by Alderman Denyer and unanimously carried to authorize to award bid to Powell Construction Services for the Crossover Improvements at Highway 90 and Deana Road funded by MDOT STP funds pending MDOT concurrence and include the response to the letter of protest in the minutes (Exhibit 7-f).

Alderman Hagan pulled item (h) and asked how this firm was selected.  The Mayor explained that because the project is less than $100,000, the Request for Qualifications process was not required.  Alderman Ross stated All-South Engineering presented a plan to the County Board of Supervisors.  Alderman McDonnell expressed his concerns of other engineering firms having no knowledge of the project and therefore, not allowing them to submit their qualifications.          

Motion was made by Alderman McDonnell and seconded by Alderman Gill to invite other engineering firms to present Request for Qualifications for the Government Street Improvement project.  Motion failed with Aldermen Gill, McDonnell and Hagan voting aye and Aldermen Ross, Cody, Denyer and Dalgo voting nay (Exhibit 7-h). 

Motion was made by Alderman Dalgo and seconded by Alderman Denyer to authorize the Mayor to execute the Contract with All-South Engineering for the design phase of the Government Street Improvement project pending legal review.  Motion carried with Aldermen Ross, Cody, Denyer and Dalgo voting aye and Aldermen Gill, McDonnell and Hagan voting nay (Exhibit 7-h).

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to accept the final plans and budget for Shearwater Park and authorize to advertise for bids pending review of public works, planning and city engineer for bid specifications (Exhibit 7-i).

Alderman Hagan pulled item (j) and asked for clarification of the in-kind work. Motion was made by Alderman McDonnell and seconded by Alderman Cody to authorize the Mayor to request the County Board of Supervisors to submit the alternate grant application for $100,000.00 for a kayak launch between the Biloxi Bay Bridge and new county fishing pier and transferring our original commitment for a local match with in-kind labor from the Parks Department (Exhibit 7-j).

Alderman Gill pulled item (u) to add 1422 Diller Road to the Tree Committee report.  Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to add and accept the Tree Committee report including 1422 Diller Road allowing Mr. and Mrs. Brandt to remove the tree limbs hanging over their house  (Exhibit 7-u).

ADDENDUM

Motion was made by Alderman Dalgo and seconded by Alderman Denyer to authorize the Mayor to execute the Contract with Batson and Brown Consulting Engineers, for the Government Street Signalization project, pending legal review and concurrence by MDOT.  Motion carried with Alderman Ross, Gill, McDonnell, Cody, Denyer and Dalgo voting aye and Alderman Hagan voting nay (Exhibit A-1c).

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to authorize to extend the License and Marketing Agreement with Daktronics Sports Marketing for an additional 120 business days (Exhibit A-1e).

Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to accept the Temporary Construction Easement from Carl and Jeanette Lizana for Washington Avenue sidewalk project in front of Aunt Jenny’s Restaurant, pending signatures to expire December 31, 2012 and authorize to record in the Jackson County Land Records (Exhibit A-1h).

DEPARTMENT REPORTS

Public Works:

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to accept the Self-Evaluation and Transition Plan for Curb Ramps (Exhibit 8-a).

Community Development & Planning:

The Planning Director gave an update on the Hazard Mitigation Plan.  He reported the Planning Commission review the plan at their December 13^th meeting.  The Planning Commission approved the plan with edits to be forwarded to MEMA.  Once the plan is reviewed by MEMA, it will go through a separate review process with FEMA and then presented to the Board of Aldermen for final approval. 

The Planning Director gave an update on the Front Beach Path Warranty. 

ALDERMEN’S FORUM

Motion was made by Alderman Cody, seconded by Alderman Dalgo and unanimously carried to authorize sponsorship to the Jackson County Benefit Fund to advertise resources of the City (Exhibit 9-a).

The Mayor and Aldermen thanked Alderman Ross for his dedication and service as Alderman-at-Large for the City of Ocean Springs.  

EXECUTIVE SESSION

Motion was made by Alderman Hagan, seconded by Alderman Denyer 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 a motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss current litigation in Circuit Court.

The City Attorney returned to the meeting and announced a current matter in Federal Court was also discussed.  No action was taken.

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to return to regular session. 

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to accept a letter from Alderman Ross vacating his position as Alderman-at-Large effective December 28, 2011.

Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to adjourn until 6:00 p.m. on January 3, 2012.     

Meeting ended at 8:08 p.m.

_______________________________             ___________________________

City Clerk                                                        Mayor

___________________                                   ____________________

Date                                                               Date

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Special Call Meeting at City Hall Center in the City of Ocean Springs at 5:00 p.m. on December 20, 2011.  Mayor Moran presiding, Aldermen Ross, Gill, Cody, Denyer and Hagan were present.  Also present were City Clerk Shelly Ferguson and City Attorney John Edwards.  Alderman McDonnell and Dalgo were absent.       

The Mayor called the meeting to order.

The Special Call Meeting is for the purpose of any and all matters pertaining to executive session to interview candidates for Executive Assistant/Public Information Officer to the Mayor and Board of Aldermen. 

Motion was made by Alderman Hagan, seconded by Alderman Denyer 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 Hagan, seconded by Alderman Gill and unanimously carried to remain in executive session to conduct interviews for the position of Executive Assistant/Public Information Officer to the Mayor and Board of Aldermen.

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

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to adjourn the special call meeting.              

Meeting ended at 6:00 p.m.

________________________                          ______________________

        City Clerk                                                             Mayor

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 December 6, 2011.  The Mayor presiding, Aldermen Gill, McDonnell, Cody Ross, Denyer and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.    Alderman Dalgo was absent.                                  

The Mayor called the meeting to order.

Reverend Barnett gave the invocation and the Mayor led the Pledge of Allegiance.

PUBLIC HEARING

Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to open the Public Hearing on the property located at 3310 Nottingham.

The Deputy Building Official stated the house has been vacant for a number of years.  The interior has mold issues and the property owner is an elderly person in a nursing home.  Prior to the public hearing, notices were posted on the property; notice was sent to the last known address; posted on the bulletin board at City Hall and published in the City publication of record.  The Building Official presented pictures showing the condition of the property to the Board for the record.  The property owner was not present at the public hearing.

Motion was made by Alderman Gill, seconded by Alderman Ross and unanimously carried to close the Public Hearing on the property located at 3310 Nottingham.     

Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to accept the recommendation of the Building Official and find the property at 3310 Nottingham in such a state of uncleanliness so as to be a menace to public health and safety based on the matters presented and authorize to begin the process for the lot cleaning and securing the doors, repairing windows and cleaning the interior of the house (Exhibit 3-a).

NEW BUSINESS

Ms. Melba Harris, a representative from YADA, presented a check in the amount of $2,736.00 to the Parks and Leisure Services Department to purchase two (2) picnic tables and one (1) bench to be placed at Martin Luther King Park. 

PUBLIC COMMENTS

Mr. Brian Sanderson, 312 Washington Avenue, stated he is an appointed member of the Ocean Springs Planning Commission and had concerns as a residence and an individual Planning Commission member concerning the separation of the Building Department and the Planning Department.  He also had concerns regarding the decision to not hire an Assistant Planner.  He asked the Board to invite the Planning Commission to give a recommendation as to the needs or opportunities for the Planning Department to improve or capitalize on the strengths that currently exists in these departments.  Mr. Sanderson also suggested hiring a court reporter to transcribe the minutes from the Planning Commission meetings. 

Ms. Melanie Allen, representing the Historic Ocean Springs Association, thanked the Board of Aldermen and the Public Works Department for their assistance and support with all of the past HOSA events this year, such as Peter Anderson Festival and Trick or Treat Down the Street.  She also announced HOSA held their major fundraiser for the year, Ho Ho HOSA and it was tremendously successful. 

Mr. Beau Cox, Deputy Building Official and Code Enforcement Officer, spoke as a City employee and as a City resident.  Mr. Cox spoke about implementing a solar energy program in the City.

CONSENT AGENDA 

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda with exception of item (f) which was pulled by Alderman Denyer.

Alderman Denyer pulled item (f) and asked if these Budget Amendments affect the cash ending balance.  The City Clerk stated they were transfers and would not affect the ending balance.  Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to approve the Budget Amendments (Exhibit 7-f).

DEPARTMENT REPORTS

Community Development & Planning:

The Planning Director gave an update on the Front Beach path and stated the final phase is underway.  He reported the contractor proposed removing and replacing twenty-seven (27) concrete panels.  There was discussion concerning the concrete panels previously repaired by overlay that still have cracks in them.  Alderman Gill questioned if these concrete panels were included in the repair and replacement phase.      Mr. Dax Alexander, Engineer from Brown, Mitchell & Alexander, agreed to meet with City officials and the Assistant Director of Public Works on Thursday, December 8^th at 7:30 a.m. at Front Beach for a walk-thru inspection to determine which concrete panels would be included (Exhibit 8-a).   

The Planning Director stated he plans to begin the review of the zoning of the Marble Springs area after the holidays.  He added there is much prep work that goes into this type of study and additional staff would be needed.  Alderman Gill suggested turning it over to the Planning Commission for their review and recommendation of the zoning and infrastructure issues.  Alderman McDonnell also suggested having an outside source review these issues.  The Mayor stated she could ask Gulf Regional Planning Commission or SMPDD to help lead the review.    

ALDERMEN’S FORUM

Motion was made by Alderman McDonnell, seconded by Alderman Ross and unanimously carried to authorize up to $250.00 from Ward 1 Capital Improvement Account and $250.00 from Alderman at Large Capital Improvement Account for sponsorship at the Art for Heart 2011 to advertise the resources of the City (Exhibit 9-a).

Alderman Cody asked to have directional signs for the downtown businesses such as Desoto, Robinson and Porter.  He will be meeting with the Planning Director to walk the area and determine how it will be done.  He further stated the businesses will pay for the signs.  The City Attorney will also review this matter. 

Alderman Cody stated the streets will not be closed for the Cruise-In on Saturday, December 9^th.  Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to ratify the Cruise-In on December 9^th and not close any streets. 

Alderman Denyer thanked the Parks and Leisure Services Department for the delivery of the bleachers on very short notice for the 5K run.

Alderman McDonnell asked the Mayor to encourage the promoter for the Third Saturday Art Market set for December 17^th to use Bowen Avenue for the event instead of closing Washington Avenue if there are only a few vendors.

Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to authorize up to $500.00 from Ward 1 Capital Improvement Account for landscaping in Ward 1. 

Alderman Gill stated he was involved in an incident concerning a rabid raccoon in his neighborhood during the past weekend.  Alderman Gill reported he was unable to assist a citizen due to a policy made by the Mayor.  The Mayor stated the policy was issued to the department heads to give a sense of direction and inform their employees if an alderman asks for information, it should come through the department head with the exception of any emergency situation.

EXECUTIVE SESSION

Motion was made by Alderman Cody, seconded by Alderman Denyer 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 a motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to remain in executive session to discuss potential litigation and personnel in the Police Department.

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to return to regular session. 

The Mayor stated that the Police Department could remove large dead animals in the road when the Animal Control Officer is on leave or in school on the weekends since the police are already on duty.

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to recess until 6:00 p.m. on December 20, 2011.     

Meeting ended at 7:59 p.m.

_______________________________             ___________________________

City Clerk                                                        Mayor

___________________                                   ____________________

Date                                                               Date

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Special Call meeting at the Ocean Springs City Hall in the City of Ocean Springs at 5:00 p.m. on November 29, 2011.  Mayor Moran presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer and Dalgo were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Alderman Hagan was absent.      

The Mayor called the meeting to order.

The Special Call Meeting is for the purpose of any and all matters pertaining to an Executive Session regarding potential litigation of an appealable decision.

Motion was made by Alderman Gill, seconded by Alderman Ross 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 a motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to remain in executive session regarding potential litigation of an appealable decision. 

Motion was made by Alderman Gill, seconded by Alderman Ross and unanimously carried to return to regular session. 

Alderman Gill made the following statement:

When we look at what is located in the C-3 area off of 90 and Washington that is not located on or within a parking lot or has a service drive to  access to major thoroughfare, we find a Single proprietor Law Office, Single Proprietor Psychologist office, Baptist Parsonage, and Single Family Residential.  According to the definitions submitted and the description of the activities:  A Partial Hospitalization program does not operate like a traditional office or clinic with a few patients scheduled during any giving hour – Coming and going throughout the day in relatively small numbers of cars.  This program operates like a small factory working shifts or a school where there are mass comings and goings at specified times throughout the day -  5 days per week.  These programs seek to have 8-10 clients in capacity coming and going at any given time.  There will be a Morning Arrival, Lunch Break, Return from Lunch, Afternoon Departure, Evening Arrival and finally Evening Departure.  At least 6 coordinated rush hours – 5 days a week. I have not included the doctors, specialists, assistants, administrative help, service people, and suppliers, but it adds up. This use will also have night time operations.  This does not sound like the traditional operation of an office or clinic and it is certainly not similar to the single proprietor offices in the area that are low volume traffic generators.

Although located in C-3, this site is not on a major road or highway.  It is in the Marble Springs Historic District.  It is directly adjacent to an R-1 residential district and shares its entrance and exit road with the residences.  This is wholly different than the Singing River facility near the hospital.  It does not put traffic through the Fort Bayou residential subdivision.  This residential area has been in existence for over 100 years.  Due to its age, the streets are not wide and our ROW in the area is substandard compared to our own Subdivision Regulations.  Iberville  has 30 foot ROW – the actual pavement varies in width from  19-20 feet, Ames Ave has 27 foot ROW   – actual pavement is 17 feet wide.  These are not appropriate for highway commercial activities with mass inflow and outflow.  Look at our highway commercial roads – Washington, Hwy 90, and Government – All have over 50 feet of ROW.  Even the Mental Health facility on Jackson Ave that is in R-1, that includes family counseling, is on a street with 60 feet of ROW.  Our subdivision regs call for major streets and arterial streets to have 100 feet of  ROW  – and a pavement width of 63 feet.  Secondary streets and collector streets are to have 60 feet of ROW  and  pavement width of 27.  Minor streets,  50 ROW  pavement 27 and an alleyway to serve business – ROW  25 , pavement 17. These roads are basically in the category of alleyways.  If any on-street parking occurs, Ames is reduced to 8’6” and Iberville 11 feet.

We already allow mental health services in the neighborhood -  so for the purposes of these findings and my motion,  this  has nothing to do with  whether or not the use is for treating the mentally ill.  It has everything to do with the Zoning not providing for a Psychiatric Partial Hospitalization and further it increases volume, congestion, and further that Partial Hospitalization is different than all the other operating businesses located off 90 and 609, which are low volume office uses.  The use would funnel that rush hour commercial traffic to Iberville eastbound or the emergency under pass at Fort Bayou Bridge and adds nighttime commercial activity due to the intended hours of service.

This all must be considered in relation to the unique and historic nature of this section of C-3.  This section of C-3 is unlike any other C-3 area in the City.  I would be having the exact same reservations if we were discussing a drive-in movie theater, a car dealership, a Taco Bell or a bus depot looking to locate in the area, a block off the major thorough fares, on streets the size of alleys, with unfavorable entrance and exits to what is considered the busiest intersection on the Coast next to 90 and 49 in Gulfport.  Commercial traffic should not be using Iberville drive east as a through street to get to the light at Vermont/MLK.

It is our job to use good judgment in protecting the public welfare.  Traffic congestion results in a number of problems, including economic costs due to delayed travel times, air pollution and accidents. Any on-street parking will make it difficult for emergency vehicles.  As one roadway becomes congested, drivers may use others not necessarily intended for through traffic.  Iberville, with its speed bumps, does not need to be the through way for a facility serving Ocean Springs, as 90% of the City is east of this location.  For those reasons stated, as well as those stated in the October 24^th Memorandum Brief of attorney John Paul Barber, specifically sections 1, 2, 4, and 5, but specifically not adopting any arguments regarding violent crime therein, Motion was made by Alderman Gill and seconded by Alderman Cody to deny the use permit as applied for by Psycamore, LLC with the added lagniappe that the Planning Department and the Board do everything in its power to aid Psycamore in finding a suitable location for a partial hospitalization program.  Motion carried with Aldermen Ross, Gill, McDonnell, Cody, and Denyer voting aye and Alderman Dalgo voting nay.  

Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to adjourn the Special Call meeting.                

Meeting ended at 6:55 p.m.

_______________________________             ___________________________

City Clerk                                                        Mayor

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Special Call meeting at the Ocean Springs City Hall in the City of Ocean Springs at 8:30 a.m. on November 21, 2011.  Mayor Moran presiding, Aldermen Gill, McDonnell, Cody, and Denyer were present.  Also present was City Clerk Shelly Ferguson.    Aldermen Ross, Dalgo and Hagan were absent.      

The Mayor called the meeting to order.

The Special Call Meeting is for the purpose of any and all matters pertaining authorizing employment of Lafonda Rea Bilbo, utility billing clerk, $11.00 hourly, six-month probationary period, and pending successful completion of all pre-employment requirements (Exhibit a); authorizing the Mayor to execute Change Order No. 1 for CIPP Lining project for 8” bypass pumping on the Government Street-Hanley Road lining segment in the amount of $3,590.00, Contractor -  Suncoast Infrastructure (Exhibit b);  

authorizing the Mayor to execute Maintenance Agreement for Decorative Streetlights with Mississippi Power Company (Exhibit c) and Discussion on Third Saturday Art Market, beginning December 17, 2011 (Exhibit d).

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to authorize employment of Lafonda Rea Bilbo, utility billing clerk, $11.00 hourly, six-month probationary period, and pending successful completion of all pre-employment requirements (Exhibit a). 

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to execute Change Order #1 for CIPP Lining project for 8” bypass pumping on the Government Street-Hanley Road lining segment in the amount of $3,590.00, Contractor – Suncoast Infrastructure (Exhibit b).

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to execute Maintenance Agreement for Decorative Streetlights with Mississippi Power Company (Exhibit c).

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to discuss the Third Saturday Art Market, beginning December 17, 2011 (Exhibit d).  Mr. Mark LaFontaine of The Gallery stating he is seeking the opportunity to host an arts and crafts event in downtown Ocean Springs on the third Saturday of each month.   He asked for permission to close a section of Bowen Avenue from Washington Avenue to the southeast corner of 700 Washington Avenue ending at the parking lot as well as the north bound lane of Washington Avenue from Porter Avenue to Government Street. He also asked permission to use City barricades to block the streets.  Mr. LaFontaine agrees to be responsible for the cost of overtime pay for city workers required to put out the barricades, etc. and to place trash and recycle receptacles.  The art market will be held on the 3^rd Saturday of each month from 8:00 a.m.-5:00 p.m. 

Motion was made by Alderman Cody, seconded by Alderman Denyer to approve the 3^rd Saturday Art Market beginning December 17, 2011, with an assessment after the first three (3) months in February, 2012. 

Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to adjourn the Special Call meeting.

Meeting ended at 8:58 a.m.

________________________                          _______________________________

             City Clerk                                                                 Mayor

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Recess meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on November 15, 2011.  Mayor Pro Tem Gill presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer, Dalgo and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  The Mayor was absent but arrived later in the meeting.

Alderman Cody gave the invocation and the Mayor’s Youth Council led the Pledge of Allegiance.

Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to move items (6-a and 6-b) before the Presentation.   

NEW BUSINESS

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize to waive rental fees for the Ocean Springs Community Center on April 27, 2012, for the Mississippi Historic Preservation Conference (Exhibit 6-a).

Ms. Juliet Jowett, Friends of the Mary C. O’Keefe Cultural Center and Mr. Jason Keenum, CPA, presented the Financial Statements for the Year Ended 2009 and 2010. Ms. Jowett thanked the Board for their commitment to the Mary C. O’Keefe Cultural Center.  Mr. Keenum reported the center is in good financial condition (Exhibit 6-b).

DEPARTMENT REPORTS

Community Development and Planning:

The Planning Director reported on the possible closure of VFW Road to vehicular traffic to assure the safety of pedestrians and bicyclists.  Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to authorize the City Attorney to draft and send letter with commentary from the Planning Department, Public Works Department, Police and Fire Departments stating the City’s opposition to the closure of VFW Road.

PUBLIC COMMENTS

Mr. Chris Kwitzky, owner of Kwitzky’s Dugout, stated his dissatisfaction with the placement of the vendor booths at the Peter Anderson Festival.  He further stated the booths were placed on the sidewalk in front of his business and blocked access.     

The Mayor arrives and assumes control of the meeting.

A representative of Leo’s Wood Fired Pizza reiterated what Mr. Kwitzky had previously stated regarding the dissatisfaction of the placement of the vendor booths at the Peter Festival Anderson.  

Mr. Mark LaFontaine, owner of The Gallery, requested to close the North bound lane of Washington Avenue from Government Street to Porter Avenue for a 3^rd Saturday Art Market.  He further stated he spoke to all surrounding business owners and they are in agreement with this event. 

Ms. Sybil Sauls, 929 Washington Avenue, also spoke of the issues concerning the placement of the vendor booths at the Peter Anderson Festival. 

The Board discussed having a plan for next year’s event and requiring the Fire and Police Department sign off on it.  All of the businesses would be involved.  They also discussed having more communication with the Chamber of Commerce.

PRESENTATION

Ms. Carolyn Martin introduced the Mayor’s Youth Council for 2011-2012.     

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to add the Addendum to the Agenda.

CONSENT AGENDA & ADDENDUM

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda and Addendum with exception of items (a) and (A-1a) which were pulled by Alderman Denyer; item (A-1b) which was pulled by Alderman Cody; items (n) and (q) which were pulled by Alderman Hagan and item (b) which was pulled by Alderman McDonnell.

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to authorize the Mayor to execute one-year Contract with Joe Gill Consulting, LLC for lobbying services, pending legal review.  Alderman Gill abstained from voting. (Exhibit A-1a).

Alderman Denyer pulled item (a) for clarification.  The Grant Administrator advised the City has met with a Valleycrest representative and they have submitted the letter with all agreed upon items and will begin repairs as soon as the package is approved.  Per the contract, all repairs performed under warranty will have an additional 12 months of warranty period.  Payment will be held for up to fifteen (15) days upon completion of the repairs.  Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to authorize final payment of final pay application #10 to Valleycrest Landscape Development and authorize the Mayor to execute all documents related to the contract closeout (Exhibit 8-a).

Alderman McDonnell pulled item (8-b) and stated his concerns were related to the salary range.  Motion was made by Alderman Dalgo and seconded by Alderman Ross to authorize to advertise for an Executive Assistant and Public Relations Officer position with a salary of $36,000-$40,000.  Alderman Dalgo withdraws his motion and Alderman Ross withdraws his second to the motion. 

Motion was made by Alderman McDonnell and seconded by Alderman Hagan to at starting salary of $12.50-$17.50 per hour plus benefits.  Alderman McDonnell withdraws his motion and Alderman Hagan withdraws his second to the motion.  After further discussion, motion was made by Alderman McDonnell and seconded by Alderman Gill to authorize to advertise for the position of Executive Assistant and Public Relations Officer with a salary range of $14.50-$18.50 per hour.  Motion carried with Aldermen Ross, Gill, McDonnell, Cody, Denyer and Dalgo voting aye and Alderman Hagan voting nay (8-b).

Alderman Hagan pulled item (8-n) to discuss not filling the position of the Assistant Planner at this time.  He stated the Planning Department’s responsibilities were reduced by separating the Planning Department and the Building Department.  There was discussion concerning the reduction of the number of employees over the past few years.  The Planning Director commented on the duties he would be fulfilling such as plan reviews; ADA transition plan; Hazard Mitigation Plan; Historic Preservation; Zoning and Adjustment Board, Planning Commission, plan review for zoning; Tree Committee; a number of transportation projects and Porter Avenue project.  Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to accept the resignation of Kyle Smith, Planner I, effective December 2, 2011 (Exhibit 8-n).        

Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to go into closed session to discuss reasons to remain for Executive Session regarding the City Planner pending closing the agenda.

Alderman Hagan pulled item (8-q) to ask the City Planner if there was assurance the  property be sold and the next developer ask to put more units per acre.  The Planning Director advised the rezoning is conditioned upon the PUD.  Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to accept the Planning Commissions’ recommendation to approve sketch plat as a PUD for Waterford Village, Phase II along the north side of Groveland Road and rezone from R-4 Multi-Family Residential and C-3 Highway to only R-4 Multi-Family Residential (Exhibit 8-q).

DEPARTMENT REPORTS

Mayor:  

The Mayor presented information items (9-a) and (9-b). 

The Mayor announced a Ribbon cutting for the new Fire station and EOC facility on November 29^th.  The time has not yet been determined.

ALDERMEN’S FORUM

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to authorize up to $750.00 from Ward 4 Capital Improvement Account and $250.00 from Ward 3 Capital Improvement Account for sponsorship to the Poor Man’s Yacht Club to advertise the resources of the City.

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to clarify the date for the dedication of street name to Dr. Jesse L. Trotter, Sr. Street on November 20^th.

Alderman Hagan asked the City Clerk to explain the process of the Special Election.  The City Clerk advised Alderman Ross will be sworn in on December 29, 2012.  The City will declare a Special Election on January 3, 2012, and the election will be held on February 7, 2012. 

Alderman Ross asked for an update on the check list from Building Department.  He further asked for input from the Public Works and Planning Departments and a place for these two (2) departments to sign off on the check list.   The Building Official advised he is working on a link to the website for general information for Code requirements  and also a check list.

Alderman McDonnell stated he has been contacted by two (2) businesses regarding the roosters.  The roosters are causing problems with the costumers and the businesses.  He asked if the City could find a suitable home for the roosters. 

Alderman Gill asked the Planning Department to inspect an oak tree in the median on Diller Road that appears to be infected with some type of worm.  The Planning Director advised the arborist under contract will look at the tree this week.

Alderman Gill stated the Fort Bayou Civic Association met to discuss asking MDOT for a right hand turn lane at Bristol Boulevard onto Highway 90.  The Planning Department will contact MDOT to determine if there is enough room for this type of turning lane. 

Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to authorize up to $500.00 from Ward 1 Capital Improvement Account for landscaping and the sprinkler repair.

EXECUTIVE SESSION

Motion was made by Alderman McDonnell, seconded by Alderman Hagan 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 a motion was made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to remain in executive session to discuss potential litigation for zoning; current litigation in the Southern District – Mississippi Federal Court; personnel in Planning Department and Building Department and potential litigation in the Police Department.

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to return to regular session. 

Motion made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to write letter of reprimand to employee for unprofessionalism displayed at meeting on November 2^nd and subsequent meeting that transpired in the building department. 

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried authorizing to not fill the Assistant Planner position at this time.

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to adjourn until 6:00 p.m. on December 6, 2011.     

 Meeting ended at 10:35 p.m.

 _______________________________             ___________________________

City Clerk                                                        Mayor

___________________                                   ____________________

Date                                                               Date

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 November 1, 2011.  Mayor Pro Tem Gill presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer, Dalgo and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Mayor Moran was absent.

Sheriff Mike Byrd gave the invocation and the Mayor Pro Tem led the Pledge of Allegiance.

Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to add the Addendum to the Agenda. 

PRESENTATION

Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to adopt the Interlocal Governmental Agreement for the Narcotics Task Force (Exhibit 3-a).

EXECUTIVE SESSION

Motion was made by Alderman Cody, seconded by Alderman Dalgo 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 a motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss potential litigation and an appealable decision.   

The City Attorney announced no action was taken in Executive Session.

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to return to regular session. 

OLD BUSINESS

Mayor Pro Tem Gill read a statement concerning Psycamore, LLC stating the Board’s only interest is whether the proposed site is compatible with the proposed location.  He stated each side would have 20 minutes to present in a manner they choose. 

The Planning Director stated the Public Hearing for the use permit of Psycamore, LLC was held on October 25, 2011.  There were two (2) motions made and each vote was tied 3-3.  

Dr. Madakasira, President of Psycamore, LLC, spoke on behalf of their attorney, Billy Guice, Esquire.  He thanked the Mayor, Planning Commission, Aldermen, Planning Director, City Attorney, NAMI for their hard work throughout this process.  He also thanked Lori Carter and friends of Iberville Drive for helping bringing awareness        regarding the mentally ill.  He said Psycamore, LLC is being treated unfairly and unjustly and his employees are being stalked and photographed and the service people have been harassed.  He extended an invitation to the friends of Iberville Drive and the Board to tour the Psycamore facility in Flowood to get a firsthand look at the facility and the operation.  He also proposed a compromise.  He proposed that the City issue a 6-12 month use permit during which the City monitors the premises and services.  He would agree to have the City appoint a group consisting of city officials and Iberville Drive residents.  At the end of the period, if the City is satisfied with, permanent use permit will be issued to Psycamore, LLC.  At any time during this period, if any problems are reported, Psycamore, LLC will vacate the premises.  If the compromise is made, Psycamore will donate $5,000.00 to the City to improve the lighting on the street and will work with the neighborhood to raise funds for neighborhood improvements and participate in neighborhood safety issues.  He does not want to pursue legal options.  Dr. Madakasira stated he will not consider another location if the use permit is not granted due to the fact they have invested a lot of time and money in this location. 

Dr. Ben Hudson, Board certified emergency medicine physician at Ocean Springs and Singing River hospitals, presented a letter from Dr. Gregory Patino, Director of Emergency Medicine at Ocean Springs Hospital.  He was concerned about the access to care because Psycamore did not accept Medicare or Medicaid and many patients would not receive any care or be eligible to be treated at Psycamore.  He further stated this facility offers partial hospitalization and is more like a hospital than a clinic.  He stated there are no guarantees there would not be any problems.  A partial hospitalization represents a higher level of care than a standard mental health clinic.  His concern is whether they are prepared to handle a problem patient. 

Dr.  Drew Seghers, 1102 Iberville Drive, a civil engineer, licensed in Mississippi, Louisiana and Alabama, presented a map of the zoning areas.  He pointed out all residential home sites in the area.  He stated this location is not convenient to the motoring public.  He said it is extremely dark at night in that area and will disrupt the neighborhood if Psycamore stays open until 8:30 p.m., there is not enough parking and the infrastructure is solely inadequate. 

Dr. John McKey, a gastroenterologist physician in Ocean Springs, stated he wanted to help educate people regarding risks involved and why infrastructure is so key in this matter.  He stated there is no facility operating in Ocean Springs like Psycamore.  These patients will require significant help and counseling.  He believes Dr. Madakasira   will be a fantastic asset to the community and hopes he relocates to a facility with better infrastructure.  He presented an article written by Dr. Richard Friedman on violence and mental illness. 

Alderman Dalgo questioned Dr. Friedman’s article presented by Dr. McKey regarding the 19 year old schizophrenia patient who killed his treating physician, Dr. Wayne Fenton.  Alderman Dalgo stated Psycamore, LLC does not treat patients with schizophrenia. 

Mr. Barber, attorney for the friends of Iberville Drive, spoke about the infrastructure in the area. 

Dr. Madakasira stated his patients are from referrals from other doctors.  Mr. Starkey, Marketing Director for Psycamore, corrected Dr. McKey by stating their facility does not treat patients with schizophrenia. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to take the issuance of the use permit for Psycamore, LLC under advisement to allow the Board more time to review this matter.    

Alderman McDonnell apologized to Dr. Madakasira for making him and his staff feel unwelcome to the City.      

The documents submitted concerning Psycamore, LLC are identified by the index but not attached to the minutes other than by reference.  The documents referenced by the index are on file with the City Clerk’s office.

NEW BUSINESS

Alderman Hagan asked for consideration to separate the Building Department from the Planning Department.  He feels they should stand on their own.  Responsibilities and duties that come with the term “Building Official”.  The two (2) departments go together and work together but should be separated.  It has worked fairly well for the past years.  Aldermen Denyer asks for more time to research this matter and to speak to the department head and the others for their input.  He also asked why should these departments be separated when this has apparently been working.  Alderman McDonnell stated the Planning Department crafts the rules for which the Building Official has to operate is a reason why the departments should be separated.  He stated that if the Building Official reported to the Board, more problems would be solved.   It would not require additional personnel.  Alderman Hagan has spoken to the Planning Director and the Building Official concerning this matter.  Alderman Cody feels the separation would allow the Planning Director more time for zoning and other planning matters such as redistricting.  The Planning Director stated he did not ask for this change.  The Planning Director stated he provided the supervision and management in the department.   

Motion was made by Alderman Hagan and seconded by Alderman McDonnell to separate the Building Department and the Planning Department.  Motion carried with Aldermen Ross, McDonnell, Cody and Hagan voting aye and Aldermen Denyer and Dalgo voting nay. 

PUBLIC COMMENTS

Mr. Tobie Baker introduced himself as the new Editor for the Ocean Springs Gazette. 

CONSENT AGENDA 

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to accept the Consent Agenda with exception of item (a) which was pulled by Alderman Denyer and item (A-1b) which was pulled by Alderman McDonnell.

Alderman Denyer pulled item (7-a) and stated this item pertains to the intersection of Martin Luther King and Government Street and several other items.  A warranty walk thru and check was done.  Valleycrest has agreed to draft a detailed letter of commitment of what they are willing to fix.  They are willing to honor the one (1) year warranty.  Motion was made by Alderman Denyer, seconded by Alderman Cody to table item (7-a) pending written documentation that meets the satisfaction of the City Engineer, Grant Administrator and the City Attorney (Exhibit 7-a).

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to correct the October 18, 2011 minutes to state “adjourn” not “recess” until November 1, 2011.

Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to authorize the Mayor to execute the Construction Engineering & Inspection Services (CE&I) Contract with Neel-Schaffer, Inc. related to the Crossover Improvements at Highway 90 and Deanna Road funded by MDOT STP funds, pending legal review and approval (Exhibit A-1b).

DEPARTMENT REPORTS

Parks & Leisure Services Department:

Motion was made by Alderman Denyer, seconded by Alderman Ross and unanimously carried to authorize the Mayor to execute Change Order No. 1 for Phase 3 of the Highway 57 Sports Complex to reduce the scope of the Terrace and Plaza at the softball quad; add gray-water lines, grease traps and miscellaneous changes to the sewer and add an additional ten (10) days for the reduction in the Contract in the amount of $11,392.15 (Exhibit 8-a) and authorize the Mayor to execute Change Order No. 2 for Phase 4 of the Highway 57 Sports Complex to install gray-water lines out from under the slab and five (5) additional days for a net additive change in the Contract in the amount of $1,300.00 (Exhibit 8-b).

Public Works Department:  

The Assistant Public Works Director reported their department hosted the APWA State Chapter Fall Conference they hosted was a success.  

ALDERMEN’S FORUM

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to accept the Temporary Dedication of Land for Public Purpose during the 2011 Peter Anderson Festival (Exhibit 9-a).

Motion was made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to provide a small tent, table and two (2) chairs for the 2^nd Annual Walk for Rebekah’s House on November 19^th between 7:30 a.m. to 11 a.m. at the bridge.  It provides shelter to homeless families with children allowing parents and their children to remain together and to receive assistance rebuilding their lives after losing their homes. 

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the Planning Commission, in light of the fact they are reviewing a major piece of legislation on the new Unified Land Use code, to specifically study the commercial and residential uses in the area of Marble Springs to determine the best uses given its unique set of circumstances and to clarify the set of compatible uses in that area so it is clear what is allowed by right and what is allowed after hearing and approval. 

Alderman Cody announced the City received a Resolution from the Mississippi Department of Archives and History for the renovations of the murals, the Mary C. O’Keefe Cultural Center and the City’s efforts after the storm.   

Alderman Gill announced there have been a lot of complaints about noise coming from the bands playing late at night.  The City Attorney has drafted a Noise Ordinance.  The Police Chief asked to have a work session with the club owners to have their input.  Alderman McDonnell asked to include the residents as well. 

Motion was made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to present a Proclamation and Key to the City to honor Ms. Aubin Clements who will turn 100 years old on November 5, 2011.

Alderman Denyer complimented Alderman Cody for all of his hard work during Cruisin’ the Coast this year. 

Alderman Dalgo left the meeting.

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to waive the rental fees for the Ocean Springs High School Band Booster Club for the use of Fort Maurepas Park on November 15, 2011 from 5:30 p.m.-8:00 p.m. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to recess until 6:00 p.m. on November 15, 2011. 

Meeting ended at 9:56 p.m.

________________________                          ______________________

             City Clerk                                                          Mayor

________________________                          ______________________

                Date                                                               Date 

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Recess meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on October 18, 2011.  Mayor Pro Temp Cody presiding, Aldermen Ross, Dalgo, Denyer and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Mayor Moran and Aldermen Gill and McDonnell were absent.    

Mr. James Foster gave the invocation and Alderman at Large Ross led the Pledge of Allegiance.

Mr. Tim Alamsha gave a video presentation of Ms. Jade Sanders and invited the Board and audience to the Preview at the MCOK on Friday, October 21^st at 7pm, showed the rough-cut of the video before final editing and processing.

PUBLIC HEARING

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to pull item (4-a) Lot Cleaning Hearing – 2525 Havard Road from the agenda.  

OLD BUSINESS

The City Attorney reported the draft Noise Ordinance was circulated to the Board and other interested parties on August 25, 2011.  It will be on the next agenda for consideration.

NEW BUSINESS 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to pull item (6-a) from the agenda until November 1, 2011.

CONSENT AGENDA  

Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to accept the Consent Agenda with exception of items (c) and (n) which were pulled by Alderman Denyer.  

Alderman Denyer pulled item (8-c) for clarification. The City Attorney advised there are changes to the agreement and this item should be tabled until November 1, 2011.  Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to table item (8-c) until November 1, 2011 (Exhibit 8-c). 

Alderman Denyer pulled item (8-n) and asked to have the Change Order figures at the next meeting.  Motion was made by Alderman Dalgo, seconded by Alderman Ross and unanimously carried to authorize the Mayor to execute Change Order No. 3 for the Highway 57 Sports Complex for a reduction of the scope of work with an amount to be determined (Exhibit 8-n).  

PUBLIC COMMENTS

Mr. Mark Spicer, 107 Augustine Court, spoke on behalf of the race committee for the Rotary Club.  He thanked the City, Police, Fire and Public Works Departments for their help and cooperation during the 5K Run for Arts.  They had a great turnout for the race with 524 runners.     

Ms. Carol Marie Stewart presented a check from the Ocean Springs Art Association in the amount of $1,091.48 for lighting at the Community Center. 

Ms. Linda Bloom, Executive Director of WAMA, thanked the City for FY11-12 contribution for the museum and for the help and support for last weekend’s 20^th Anniversary celebration.

Mr. Dennis Cowart gave an update on the construction modification to the front entry way to the museum.  They are in the process of making the final changes to the documents.  When complete, he will present the final documents to the Board. 

Ms. Julie Jowett apologized to the Board for a miscommunication concerning their presentation of the financial status of the Mary C.  She will make the presentation at the next Board meeting. 

Ms. Lolly Barnes announced the 1^st Mary C. Luau on November 11^th. 

Mr. Steve Tillis announced he will be hosting the 1^st Oktoberfest at The Oaks Center on Saturday, October 22^nd at 4:00 p.m. – 10:00 p.m. 

Ms. Katie Yow stated her concern about the trees in the ditch near her home.  It was determined a private property owner was clearing the property and the ditch would be cleared of the trees so as not to cause flooding problems.       

DEPARTMENT REPORTS

Mayor:

Motion was made by Alderman Ross, seconded by Alderman Hagan and unanimously carried to accept the donation of $1,091.48 from the Ocean Springs Art Association.

Motion was made by Alderman Ross, seconded by Alderman Hagan and unanimously carried to pull item (9-c) from the agenda. 

Motion was made by Alderman Denyer, seconded by Alderman Ross and unanimously carried to accept items (9-a, b, d, e, f, and g). 

Police:

Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to authorize the closure of Government Street on November 5, 2011, from 10:00 a.m. until 12 midnight for the free concert. 

Human Resources/Risk Management:

Motion was made by Alderman Ross, seconded by Alderman Dalgo and unanimously carried to lift the policy and allow a new probationary employee to use sick leave for bereavement.

Public Works Department:

Alderman Cody asked to install the power pole at Lulu’s for the Peter Anderson Festival.   

Community Development & Planning:

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to accept the Planning Director’s recommendation and authorize the Mayor to execute all necessary documents such as the Memorandum of Understanding among Southern Mississippi Planning and Development District, Dodd Enterprises, LLC and the City of Ocean Springs, Mississippi and the letter of transmittal for the MDA’s Retail Center Revitalization Program (Exhibit 9-h). 

The Mayor arrives and assumes control of the meeting.

The City Attorney explained the Trustees of Macedonia will be executing a five (5) foot Easement to the City that abuts the City’s alley off of Government Street between General Pershing and Handy Avenue.  Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to accept the Five (5) foot Easement from the Trustees of Macedonia for the purpose of widening the alleyway.

Alderman Dalgo leaves the meeting. 

ALDERMEN’S FORUM

Motion was made by Alderman Ross, seconded by Alderman Hagan and unanimously carried to authorize up to $260.00 to the Fleur de Lis Society for the tournament from the Alderman at Large Capital Improvement Account to promote the resources of the City.

Alderman Ross stated he was not in favor of contracting for an arborist.  He would be in favor of hiring a part-time arborist. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize $250.00 to the American Cancer Society from Ward 4 Capital Improvement Account to promote the resources of the City. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize up to $260.00 to the Fleur de Lis Society for the tournament from Ward 4 Capital Improvement Account to promote the resources of the City.

EXECUTIVE SESSION

Motion was made by Alderman Hagan, seconded by Alderman Cody 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 a motion was made by Alderman Hagan, seconded by Alderman Ross and unanimously carried to remain in executive session to discuss personnel in the Mayor’s department.

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to return to regular session. 

Motion was made by Alderman Denyer, seconded by Alderman Ross and unanimously carried to accept the Mayor’s recommendation regarding personnel effective Monday, October 24, 2011. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize up to $120.00 each from Ward 3, 4, 5 and 6 Capital Improvement Accounts for security at a Chamber sponsored event.

Motion was made by Alderman Hagan, seconded by Alderman Cody and unanimously carried to adjourn until 6:00 p.m. on November 1, 2011.     

Meeting ended at 7:35 p.m.

_______________________________           ___________________________

City Clerk                                                      Mayor

___________________                                 ____________________

Date                                                             Date