For details and information concerning this release, please contact Anne Pitre, Public Relations Manager and Executive Assistant to the Mayor and Board of Aldermen, at 228-382-2086.

 May 16, 2012 – for immediate release

Ocean Springs, MS – The Ocean Springs Relay for Life will take place this Friday from 6:00 p.m. to 6:00 a.m. at Greyhound Stadium at Hanley Road.  This event will benefit the American Cancer Society, and will feature food, games, and other entertainment.  The official kickoff will be at 6:30, and luminaries will be lit at 9:00.  The luminaries are lit either in honor of cancer survivors or in memory of those who have lost their battle with the disease.

“The City of Ocean Springs is proud to have a team of employees in the relay walk,” said Connie Moran.  “Everyone has a friend or family member who suffered from this dreaded disease, and we encourage everyone to come out to support strides in cancer research.”

Individuals interested in walking in Relay for Life may register for $10 at the American Cancer Society’s registration tent.  For more information, please contact Mark Spicer at 228.218.6220.

 1.      CALL TO ORDER

 2.      ROLL CALL

 3.      PROCLAMATION

a)      Week of May 20-26, 2012 as National Public Works Week (Exhibit 3-a)

 4.      OLD BUSINESS

a)      An Ordinance Creating Chapter 15, Article 16, of the Ocean Springs Municipal Code to Regulate Outdoor Use of Sound by Commercial Establishments – City Attorney John Edwards (Exhibit 4-a)

b)     An Ordinance Creating Chapter 15, Article 17, of the Ocean Springs Municipal Code to Regulate Special Events and Outdoor Festivals – City Attorney John Edwards (Exhibit 4-b)

 5.      NEW BUSINESS

a)      Presentation from MS Tobacco Free Coalition of Jackson County – Ms. Kellie Lamb (Exhibit 5-a)

b)     Building Insurance Renewal – Scott Lemon 

c)      Discussion about problems at the Library – Ms. Kate Penrose (Exhibit 5-c)

 6.      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.

 7.      CONSENT AGENDA*

* Consent Agenda – All matters listed under Item 7, Consent Agenda, are considered to be routine by the Board of Aldermen and will be enacted by one motion.  There will not be separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

Mayor:

a)      Authorize the Mayor to execute the Contract with BKI (Burk-Kleinpeter, Inc.) for Preliminary Engineering services related to the sidewalk improvements at the Ocean Springs Middle School, funded by the MDOT Safe Routes to School Program, this grant provides 100% funding and is a coordinated effort with the City, OS Middle School and Jackson County, funds are already included in the budget for this fiscal year and no local match is required, pending legal approval and MDOT concurrence (Exhibit 7-a)

 City Clerk:

b)     Approve Minutes: Special Call Meeting May 1, 2012 (Exhibit 7-b)

c)      Approve Minutes: Regular Meeting May 1, 2012 (Exhibit 7-c)

d)     Approve Minutes: Recess Meeting May 7, 2012 (Exhibit 7-d)

e)      Approve payment: Docket of Claims and spread summary upon the Minutes (Exhibit 7-e)

f)      Accept Action Report (Exhibit 7-f)

g)      Authorize removal of Wendi Devita, Accountant, from probationary status and placement on full time status, effective immediately (Exhibit 7-g)

 Police Dept.:

h)     Approve Special Event Permit Information Only for Strides for Life/Aids Awareness Walk on Saturday, July 14^th, 8:00 a.m. – 11:00 a.m. on Biloxi/OS Bridge (Exhibit 7-h)

i)       Approve Special Event Permit for Gulf Coast Bicycle Club to bike from Marshall Park to Tato Nut Shop for toy drive for the Ronald McDonald House on Saturday, June 2^nd from 9:00 a.m. – 10:00 a.m. (Exhibit 7-i)

 Fire Dept.:

j)       Accept Monthly Department Report (Exhibit 7-j)

 Human Resources/Risk Management:

 City Engineer: 

 Public Works:

k)     Authorize the Mayor to execute Change Order No. 3 for the Washington Avenue Pump Station No. 1 Project in the amount of $2,149.39 and 4 additional days to S.H. Anthony, Inc. Contract to add security fence and adequate funds available in the budget (Exhibit 7-k)

 Community Development & Planning:

      Historic Preservation Commission:

l)       Accept Historic Preservation Commissions recommendation to enclose the existing front porch of the Children’s House Montessori School at the First Presbyterian Church, 921 Ocean Avenue (Exhibit 7-l)

 Planning Commission:

m)    Accept Planning Commission recommendation to approve a minor subdivision sketch plat to reconfigure three (3) existing parcels into four lots and a proposed private right-of-way or road at for Seaside at East Beach at the North side of East Beach (Exhibit 7-m)

n)     Accept Planning Commission recommendation to deny the application for change in zoning district from R-2 Residential Zoning to C-3 Highway Commercial in order to build a dog park at the corner of Bienville Blvd. and Carolyn Drive (Exhibit 7-n)

Building Department:

o)     Accept Tree Committee Report (Exhibit 7-o)

 Parks & Leisure Services:   

p)     Authorize employment of Chance Payton, Parks Maintenance Worker, $11.50 hourly, effective May 16, 2012, six-month probationary period and pending successful completion of all pre-employment requirements (Exhibit 7-p)

 City Attorney:

 Facilities:

 8.      DEPARTMENT REPORTS

 Mayor:

 City Clerk:

Police:

Fire:

Human Resources/Risk:

City Engineer:  

Public Works:

Community Development & Planning:

Building Department:

Parks & Leisure Services:  

City Attorney:

Facilities:

9.      ALDERMEN’S FORUM

10.   EXECUTIVE SESSION

a)      Personnel in Police Department

b)     Personnel in Court Department

c)      Potential Litigation in Parks Department

ADJOURN until 6:00 p.m. on June 5, 2012

For details and information concerning this release, please contact Anne Pitre, Public Relations Manager and Executive Assistant to the Mayor and Board of Aldermen, at 228-382-2086.

May 5, 2012 – for immediate release

Free Workshop for Small Businesses, Aspiring Entrepreneurs to be held May 16 in Ocean Springs

Ocean Springs, MS – The City of Ocean Springs will host an Entrepreneurial Workshop for small businesses on Wednesday, May 16, 2012, from 1:00 – 5:00 p.m. at the Mary C. O’Keefe Cultural Center, located at 1600 Government Street in Ocean Springs.

The afternoon-long workshop, which is co-sponsored by the Mississippi Development Authority (MDA), will consist of two informational sessions and a question and answer period.  A reception in the lobby of the Cultural Center will immediately follow.

The first session will cover topics particularly relevant to individuals who are considering starting a new business, including a discussion of the key factors behind business success, determining the best location for a new business, finding potential customers through market research, business organization and financing options for small businesses. The second session will cover topics of interest to all existing businesses, including finding and keeping customers, trends important to customers today and the importance of business planning.

Free materials, such as the “Entrepreneur Tool Kit”, will be distributed to participants.

“The City of Ocean Springs is pleased to partner with the Mississippi Development Authority to offer this important workshop to small businesses,” said Mayor Connie Moran.  “Entrepreneurship is a growing segment of the economy, and we want our local businesses and citizens with creative new ideas to have access to the best business tools available.

The Entrepreneurial Workshop is offered free-of-charge; however, registration is required. Those interested in attending the workshop may call Anne Pitre at (228) 382-2086, or Angie Collins, manager of MDA’s Southeast Mississippi Regional Office at (601) 310-4959.

For details and information concerning this release, please contact Anne Pitre, Public Relations Manager and Executive Assistant to the Mayor and Board of Aldermen, at 228-382-2086.

 May 9, 2012 – for immediate release

Ocean Springs, MS – Saad Healthcare, in partnership with Singing River Health Systems, the Jackson County Civic Action Committee, and the City of Ocean Springs, will host its annual “Spring into Wellness” Health Fair on Wednesday, May 16, from 9:00 – 1:00 at the Ocean Springs Civic Center.  In keeping with the spirit of Older Americans Month, this year’s theme is “Never too old to play.”

 There will be information booths from various fields of healthcare offering educational material and free screenings for blood pressure, glucose, bone density, hearing, vision, and more.  The event will also include guest speakers, bingo, a cake walk, refreshments, and door prizes.

 The event sponsors will provide shuttles from Samaritan House and Villa Maria, which will run continuously from 8:45 – 10:00.

For details and information concerning this release, please contact Anne Pitre, Public Relations Manager and Executive Assistant to the Mayor and Board of Aldermen, at 228-382-2086.

 May 8, 2012 – for immediate release

The Board of Aldermen will hear public comments on the proposed noise ordinance at their next recessed meeting scheduled for Tuesday, May 15th, at 6:00 p.m. at City Hall.

Posters have been distributed around town advertising a Town Meeting regarding the noise ordinance to be held Wednesday, May 9th, at 3 p.m., but no setting was indicated.  The City wishes to advise citizens that there is no Town Meeting being organized by the City for this time.

Consideration is being given to restricting outdoor music venues/sound in commercial establishments from 8 a.m. to 11 p.m. Sunday through Thursday, and from 8 a.m. to 12 midnight on Friday and Saturday.  Music may still be played indoors at any time.

Residents’ rights are still protected from loud, profane, raucous or jarring music or noise under the existing ordinances on disturbing the peace and noise/vibration.  Police will respond to complaints in that regard.

Music during festivals or public events on public property or streets will cease at 10 p.m.

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 3:00 p.m. on April 25, 2012.  The Mayor presiding, Aldermen Cox, Gill, Cody, Denyer and Hagan were present.  Also present was 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:

Authorize to extend street closure from Government Street to Russell Avenue on Friday,  April 27, 2012, for the Landshark Birthday Block Party; discuss any and all items relating to the 1699 Landing Weekend of Discovery activities; close Front Beach Drive between Washington Avenue and Porter Avenue by Biloxi Bay Bridge from 8:30 a.m. and 10:30 a.m. for the 5K Run; close Front Beach Drive between west side of Washington Avenue and east side of Jackson Avenue between 3:00 p.m. and 10:00 p.m. for the 1699 Landing activities and fireworks show at 8:00 p.m. and discussion on the proposed Noise Ordinance. 

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to authorize to extend street closure from Government Street to Russell Avenue on Friday, April 27, 2012, for the Landshark Birthday Block Party.

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to close Front Beach Drive between Washington Avenue and Porter Avenue by Biloxi Bay Bridge from 8:30 a.m. and 10:30 a.m. for the 5K Run; close Front Beach Drive between west side of Washington Avenue and east side of Jackson Avenue between 3:00 p.m. and 10:00 p.m. for the 1699 Landing activities and fireworks show at 8:00 p.m.

There was discussion regarding the proposed Noise Ordinance.  Business owners and homeowners voiced their opinions concerning the noise from the outdoor music and having decibel levels as part of the ordinance.  Residents asked for an ordinance that is reasonable and enforceable.  The Mayor stated a Public Hearing will be held within the next couple of months before any ordinance is adopted by the Board.

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

Meeting ended at 4:53 p.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 April 17, 2012.  Mayor Moran presiding, Aldermen Cox, Gill,    McDonnell, Cody, Denyer and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Alderman Dalgo was absent.         

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

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

PUBLIC HEARING – Addendum

Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to open the Public Hearing. 

Mr. Donovan Scruggs presented the Redistricting Plan by the Redistricting Committee.  He updated the Board on the redistricting process (Exhibit A-1a). 

The City Clerk stated she will send a letter to all registered voters informing them of where to vote in the City elections. 

Ms. Laura Murphy asked where she could obtain a copy of the new ward map.  The Mayor announced it will be posted on the website. 

Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to close the Public Hearing. 

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to accept the redistricting map presented by the Redistricting Committee and start the procedure for approval by the Department of Justice. 

The Mayor announced she is pursuing an informal loan agreement between the Louisiana State Museum and the City requesting the display of the Iberville marker during our annual reenactment ceremony of the Landing of Pierre LeMoyne Sieur d’Iberville in present day Ocean Springs in 1699.

Ms. Margaret Miller spoke of the new exhibit in the City museum of the maritime history with 35 ships on view.  She also announced the 2^nd Annual Cardboard Boat Regatta after the landing reenactment of 1699 at Fort Maurepas on Saturday, April 28th at 4:00 p.m.

OLD BUSINESS

The Mayor presented a list of all the grants the City has received since Hurricane Katrina and all the sources of matching funds.  She stated less than 1% of the matching funds came from ending cash balance (Exhibit 3-a). 

NEW BUSINESS

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to waive the rental fees for the Ocean Springs Community Center by the Pecan Park Elementary PTO to host a retirement party for Principal Judy Illich on Wednesday, May 16, 2012 (Exhibit 4-a).

PUBLIC COMMENTS

Mr. Irvin Cox, Maurepas Landing, encouraged the Board to do something even if it is wrong concerning the noise issues in the City and pass an ordinance that is enforceable. 

Mr. Billy Guice, Rushing & Guice Law Firm, spoke on behalf of Moran Co. LLC.  He stated the amendment is not in the best interest of the City; it is contradictory and not enforceable.  Mr. Guice stated he lives in Maurepas Landing and has no problem with noise.  He suggested making some portions of downtown a designated entertainment area on Friday and Saturday nights.    He also asked the Board to seek the input of businesses that will be affected by this ordinance and look at ordinances adopted by Biloxi and Fairhope, Alabama.  

Mr. Ronald Vincent, 1412 Government Street, spoke of noise issues from the gym located near his residence.  The owners of the gym are working to remedy these noise issues.  

Mr. Billy Miller, Miller and Fowlkes Law Firm, spoke on behalf of one of the entertainment venues he represents.  He urged the Board to take some time and look at other municipalities’ noise ordinances that have been upheld in court challenges.  He feels the ordinance needs some sort of subjective standard and asked to have a Public Hearing before adopting any ordinance regarding noise. 

Ms. Kirsten Pinto, Maurepas Landing, stated she is being woken up at 2:00 a.m. from loud music.  She also spoke of an issue with her son not being able to use the tennis courts because the tennis pro had locked up the courts at 7 p.m. Her concern is that the citizens are paying the 2% restaurant and bar taxes, but are not able to use the courts. 

Mr. Carroll Kovacevich, resides in Ward 2, stated the City prospered after Hurricane Katrina due to the entertainment venues moving to downtown Ocean Springs.  These entertainment venues revitalized the City by investing their money and time.  These venues will be greatly affected by the noise ordinance, and there are now other cities competing for these types of establishments.    

Mr. Arturo Barajas, owner of Mosiac Tapas Bar, spoke on behalf of the Restaurant and Bar Owners Association.  He stated a letter was submitted from the association to offer input on noise ordinance.  The association is willing to work with the Board and Economic Development Council.   

Mr. Ronald Vincent also stated the residents have been here long before the businesses.

Mr. Pete Pinto, Maurepas Landing, asked for an enforceable and reasonable noise ordinance. 

CONSENT AGENDA AND ADDENDUM

Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to approve the Consent Agenda and Addendum with exception of item (i) which was pulled by the Mayor and item (m) which was pulled by Alderman McDonnell.   

The Mayor pulled item (i) for clarification of the Special Event Permit for a live music festival at Fort Maurepas on June 9 and 10 sponsored by Treme Entertainment, LLC and Mr. Beau Cox.  The Mayor stated we cannot have any kind of commercial activity on the beach nor can it be restricted without a lease agreement with the Secretary of State.  Mr. Beau Cox, event coordinator, stated their intentions are to have some type of music festival and are willing to work around any objections the Board may have.  He requested barricades to close road but have shuttle service to and from the beach. 

Alderman McDonnell stated his concerns with the boat traffic if Front Beach Drive were to be closed all weekend.  He also had concerns with noise issues but Mr. Beau Cox stated the music will end at 8:00 p.m.  

Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to table item (6-i) to obtain more information about this event and to allow Mr. Cox to present other options to hold this event without closing Front Beach Drive.                             

Alderman McDonnell pulled item (m) for clarification of the lot split in Cherokee Glen Subdivision.  He says procedural matters need to be addressed in order to grant this request for a lot split.  The City Attorney recommended denying the application for the lot split as this action would create a lot which does not meet the requirements for an R-1 residential district.  R-1 lots must have a street frontage of 100’ and the proposed lots would have approximately 65’ frontage.  The approval would set a precedent for similar properties in the City.  Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to authorize the City Attorney, City Planner, and Building Official to recommend how to recognize a substandard lot for existing subdivisions that have substandard lots if such substandard lot is found to be in harmony with the existing neighborhood/subdivision  and let applicant know the Board will recommend splitting the lot based on appropriate language as recommended by the City Attorney, City Planner and Building Official (Exhibit 7-m). 

DEPARTMENT REPORTS

Mayor:

Motion was made by Alderman McDonnell and seconded by Alderman Cody to adopt Ordinance No. 2012-02 AN ORDINANCE AMENDING ORDINANCE NO. 20120-04 ADDING TO THE COMPOSITION OF THE ECONOMIC DEVELOPMENT COUNCIL (Exhibit 7-a).  The motion carried with a roll call vote as follows:

Alderman Cox                   Voted Aye

Alderman Gill                    Voted Aye

Alderman McDonnell          Voted Aye

Alderman Cody                  Voted Aye

Alderman Denyer              Voted Aye

Alderman Dalgo                Absent

Alderman Hagan               Voted Aye

Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to authorize up to $50.00 from Mayor, Wards 1, 2, 3, 4, 6 and At Large Capital Improvement Accounts to sponsor the Explosion of Excellence Scholarship, a fund of the Gulf Coast Community Foundation and jointly sponsored by the Jackson County and Ocean Springs Chambers of Commerce by advertising the City’s resources (Exhibit 7-b).

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to authorize up to $143.00 each from Mayor, Wards 1, 2, 3, 4, 6 and At Large Capital Improvement Accounts to donate to the USS Mississippi Commissioning Committee for the commissioning ceremony on Saturday, June 2, 2012, by advertising the City’s resources (Exhibit 7-c).

Building Department: 

Motion was made by Alderman McDonnell and seconded by Alderman Cody to adopt Ordinance No. 2012-03 AN AMENDMENT TO ORDINANCE 4-1969 SEC. 20-12 OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI REGARDING DISPOSAL OF DEBRIS AND REFUSE BY CONTRACTORS (Exhibit 7-d).  The motion carried with a roll call vote as follows:

Alderman Cox                   Voted Aye

Alderman Gill                    Voted Aye

Alderman McDonnell          Voted Aye

Alderman Cody                  Voted Aye

Alderman Denyer              Voted Aye

Alderman Dalgo                Absent

Alderman Hagan               Voted Aye

City Attorney:

Alderman Cody asked to pull item (7-e) Noise Ordinance for possible Executive Session discussion.  

ALDERMEN’S FORUM

Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to authorize up to $200.00 each from Wards 1, 2, and 3 Capital Improvement Accounts for blinds for the pottery room at the Mary C. O’Keefe Cultural Center. 

Alderman Cox asked to increase advertisement to promote recycling in the City.  

The Mayor announced a meeting on Thursday, April 19, with Delta Sanitation to discuss recycling cardboard.

Alderman Cox asked to have a memorial plaque honoring Fred Beaugez.  Alderman Denyer stated the Police Chief was obtaining names and pictures to honor all the past Police Chiefs.  He will dedicate a wall in the new Police Department displaying all the Police Chiefs.  The Fire Chief is also working on a similar project to honor all past Fire Chiefs.

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize up to $300.00 from Ward 4 Capital Improvement Account for the Cruthirds/McRath Scholarship funds and advertise the resources of the City. 

Motion was made by Alderman Denyer, seconded by Alderman Cox and unanimously carried to authorize up to $75.00 each from Wards 1, 2, 3, 4, 6, At-Large and Mayor Capital Improvement Accounts to advertise the City resources at the American Cancer Society Relay for Life. 

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 Cody, seconded by Alderman McDonnell and unanimously carried to remain in Executive Session to discuss an appealable order and potential litigation.

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

Motion was made by Alderman Cox, seconded by Alderman Cody and unanimously carried to authorize up to $50.00 each from Mayor, Wards 1, 2, 3, 6, At-Large and $200.00 from Ward 4 Capital Improvement Accounts to advertise the City resources at the golf tournament hosted by the Dream Program as their fundraiser.

The Police Chief announced the 1699 Landing Committee will be acclimating the horses to the sand beach for the 1699 event early Sunday morning. 

The Mayor stated the City will schedule a meeting with all interested parties concerning the proposed noise ordinance.   

Motion was made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to adjourn until 6:00 p.m. on May 1, 2012.    

Meeting ended at 8:41 p.m.

_______________________                  ___________________________

City Clerk                                              Mayor

___________________                         ____________________

Date                                                     Date

1.      CALL TO ORDER

 2.      ROLL CALL

3.      PROCLAMATION

a)      Week of May 6-12, 2012 as Goodwill Industries International Week (Exhibit 3-a)

4.      OLD BUSINESS

a)      Revised Plan for Front Beach Live Event sponsored by Treme Entertainment, LLC at Fort Maurepas Park on June 9^th and 10^th – Mr. Beau Cox (Exhibit 4-a)

5.      NEW BUSINESS

a)      Presentation from MS Tobacco Free Coalition of Jackson County – Ms. Kellie Lamb (Exhibit 5-a)

b)      Request permission to extend a community nature trail from YMCA property through adjacent City property – Mr. Phillip Doiron (Exhibit 5-b)

c)      Highway 90 Median Landscaping Maintenance – Alderman Gill                    

6.      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.

7.      CONSENT AGENDA*

* Consent Agenda – All matters listed under Item 7, Consent Agenda, are considered to be routine by the Board of Aldermen and will be enacted by one motion.  There will not be separate discussion of these items.  If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

Mayor:

a)      Authorize Mayor to execute Change Order #1 with Orocon Construction, LLC for the Shearwater Park Project in the amount of $970.00 for clearing and pruning of existing landscaping; funds are within the awarded grant budget (Exhibit 7-a)

b)      Authorize Mayor to execute Change Order #2 with Orocon Construction, LLC for the Shearwater Park Project in the amount of $4,594.00 to install a timber retaining wall; funds are within the awarded grant budget (Exhibit 7-b)

City Clerk:

c)      Approve Minutes: Recess Meeting April 17, 2012 (Exhibit 7-c) 

d)      Approve Minutes: Special Call Meeting April 25, 2012 (Exhibit 7-d) 

e)      Approve payment: Docket of Claims and spread summary upon the Minutes (Exhibit 7-e)

f)      Accept Action Report (Exhibit 7-f)

g)      Authorize to begin the process to auction the mobile home used by the Police Department and other items to be declared surplus and no longer use to the City (Exhibit 7-g)                              

Police Dept.:

h)      Approve Special Event Permit for 5K Run/Walk Fundraiser for Think First Injury Prevention Program on Saturday, June 2, 2012 from 7:00 a.m. – 10:00 a.m. (Exhibit 7-h)

i)       Authorize employment of Police Officer Jonathan Carroll, a MS certified officer, effective May 17, 2012, $13.94 hourly; one-year probationary period; and pending successful completion of all pre-employment requirements  (Exhibit 7-i)

j)       Accept resignation from Dispatcher Mike King, effective April 26, 2012, and authorize to begin the process to fill the vacancy (Exhibit 7-j)

Fire Dept.:

Human Resources/Risk:

City Engineer:

Public Works:

k)      Authorize to extend water/sewer/storm sewer rehab Contract with Graham Construction Co., Inc. for an additional one year period beginning May 18, 2012 (Exhibit 7-k)

l)       Award bid to Pensacola Concrete Construction Co. in the aggregate amount of $107,720.00 for slip lining projects on Shadowlawn, Parkwood and Sheppard (2), funded partially by Pat Harrison Waterway District and Public Works budgeted funds (Exhibit 7-l)

Community Development & Planning:

m)    Accept Tree Committee Report (Exhibit 7-m)    

Building Department:               

n)      Accept Code Enforcement Report (Exhibit 7-n)

o)     Approve Building Permit for construction of a pier with boat slip and boat house at 1216 Iola Road (Exhibit 7-o)

Parks & Leisure Services:

p)      Approve termination of probationary Parks maintenance worker, Justin Lawson, effective April 26, 2012; and authorize to begin the process to fill the vacancy (Exhibit 7-p)

q)      Approve Parks Advisory Board minutes for April 11, 2012 (Exhibit 7-q)

City Attorney:

Facilities:

8.      DEPARTMENT REPORTS

Mayor:

 City Clerk:  

Police:

Fire:

Human Resources/Risk Manager:

City Engineer:

Public Works:

Community Development & Planning:

Building Department:

Parks & Leisure Services:

City Attorney:

Facilities:

9.      ALDERMEN’S FORUM

10.   EXECUTIVE SESSION

RECESS UNTIL 6:00 P.M. on May 15, 2012 

WHEREAS, the City of Ocean Springs did adopt an Ordinance in 2007 and Unreasonable Noise and Vibration; and

WHEREAS, the City of Ocean Springs seeks to regulate the auditory environment for aesthetic and safety reasons; and

WHEREAS, the City desires to maintain expressive activity in the community while maintaining and enhancing the environment, and to advance the safety and welfare of the community; and

WHEREAS, the purpose of this ordinance is to improve the livability and entertainment product of Ocean Springs, which has made the city synonymous with exemplary residential, artistic, restaurant and entertainment opportunities, while providing for effective means of communication, consistent with constitutional guarantees; and

WHEREAS, the regulation of amplified sounds and noise produced within the commercial districts will have a positive impact on traffic safety, police enforcement and enjoyment of the community.

NOW, THEREFORE, BE IT ORDAINED BY the Mayor and Board of Alderman for the City of Ocean Springs the following; to wit

SECTION 1. Purpose and Findings.

The City of Ocean Springs seeks to regulate the auditory environment for aesthetic and safety reasons. This regulation is a vital function of the government and is similar to the orderly regulations the government places on other forms of communication such as restricted use of red lights; the color, size and placement of signs; or the use of sirens. Ocean Springs wants to maintain expressive activity in the community while maintaining and enhancing the environment and to advance the safety and welfare of the community.

The purpose of this ordinance is to protect and improve the residential livability and the entertainment product of Ocean Springs., while providing for effective means of communication, consistent with constitutional guarantees. Additionally, the regulation of amplified sounds and noise will have a positive impact on traffic safety, police enforcement and enjoyment of the community.

Ocean Springs attracts tens of thousands of visitors each year, who collectively spend significant dollars in Ocean Springs every year. The hospitality industry that embraces the unique Ocean Springs experience is a significant economic force.  Music, particularly the live performance of music, provides significant entertainment value to our visitors.

Over the last few years, and with greater frequency, conflicts between residents, homeowners, and commercial establishments have suffered from conflicts regarding noise associated the commercial business providing entertainment to its customers and the desire for the resident to enjoy peace and quiet during the evening and overnight hours.  This is a byproduct of the success and popularity enjoyed by these commercial businesses.  A review of the complaints revealed that commercial establishments providing amplified outdoor entertainment in the late evening and early morning hours was the cause of vast majority of the conflicts.

Ocean Springs endeavors to provide adequate means of expression and promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of sounds that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community.

The City of Ocean Springs Police Department has a history of calls to bars and clubs that broadcast sound using amplified sound and/or outdoor speakers. The noise levels from the outdoor speakers are a safety issue for Police Officers. These noise levels create hazardous conditions, as the Police have difficulty maintaining public peace and safety during the night time hours.

SECTION 2   That Sec. 15-13 by amended to add Sec. 1 C.  Outdoor Amplified Sound at Commercial Establishments.

C         Outdoor Amplified Sound at Commercial Establishments

Without limiting the applicability of any other provision of this article, no commercial establishment shall play, operate, or cause to be played or operated, any outdoor amplified sound in a manner that causes an unreasonable noise disturbance on any neighboring premises or public area. For the purposes of this section, an unreasonable noise disturbance shall be presumed to exist where the outdoor amplified sound herein is plainly audible during the days and times set forth below:

This presumption shall be effective from 10:00 p.m. until 8:00 a.m. Sunday Night through Friday Morning and Midnight until 8:00 a.m. for  Friday Night through Sunday Morning. (Aldermen would also like to incorporate an incentive system to allow compliant establishments later hours of operation)

(i)                 For the purpose of this Section the following definitions will be used:

OUTDOOR AMPLIFIED SOUND is any sound using amplifying equipment whose sound is generated outside, or whose sound is inside and the sound propagates to the outside through open doors or windows or other openings in the building.   

SOUND AMPLIFYING EQUIPMENT is any machine, loudspeaker , sound amplifier, device, whether mechanical, electrical, musical instrument or other, used to increase the loudness or volume and intensity of sound by which the human voice, music, or any other sound is amplified.

PLAINLY AUDIBLE means any sound or noise produced by sound amplifying equipment that can be clearly heard by a person using his/her normal hearing faculties, at a distance of 200 feet or more from the real property line of the source of the sound or noise.  (Aldermen would also like to incorporate the point of complaint)

(Aldermen would like to incorporate and enforcement system where officers may immediately abate the noise produced by non-compliant and repeat offenders)

SECTION 3   That except as changed by Section 1 (c) above,” the remaining ordinance shall be in full force and effect, as amended.

SECTION 4.  That this Ordinance shall be recorded in the Book of Ordinances to the City of Ocean Springs, Mississippi and published in the manner prescribed by law.

SECTION 5   If any sentence, word, clause, section or part of this chapter, or is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall affect only such clause, sentence, word section, or part of this chapter and shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or other parts of this chapter. It is hereby declared to be the intention of the Board that this chapter would not have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section or part thereof not been included herein.

The above Ordinance having been first reduced to writing, the vote was as follows:

                         Alderman Cox                       ______________       

                        Alderman Gill                         ______________

                       Alderman McDonnell            ______________

                        Alderman Cody                      ______________

                        Alderman Denyer                   ______________

                        Alderman Dalgo                     ______________

                       Alderman Hagan                     ______________

BY ORDER OF THE MAYOR AND BOARD OF ALDERMEN of the City of Ocean Springs, Mississippi, on this the _______ day of _____________, 2012.

            M A Y O R                                                            C I T Y  C L E R K

 For details and information concerning this release, please contact Anne Pitre, Public Relations Manager and Executive Assistant to the Mayor and Board of Aldermen, at 228-382-2086.

 April 20, 2012 – for immediate release

 Celebrate OS History with a Weekend of Discovery:  Historic Iberville “Marker” in OS for 1699 Landing!

Ocean Springs, MS – Mark your calendar for Friday, April 27 – Saturday, April 28 for a “Weekend of Discovery” to celebrate the historic landing of city father Pierre LeMoyne Sieur d’Iberville, courtesy of the 1699 Historical Society of Ocean Springs.

“We are very excited to announce that the Iberville Colony Stone will be home in Ocean Springs for the festival weekend,” said Mayor Connie Moran.  The Stone will be on loan from the Louisiana State Museum at the Cabildo in New Orleans, where it has remained since the 1930s.

The Stone–or “Marker” as the locals refer to it–is a marble slab found in 1910 in front of the Schmidt residence near the shoreline on Front Beach, now marked by a staircase leading up the bluff that once had a monument to commemorate the location of the marker when it was found.  It is inscribed in French, “Colonie Francoises, 1699 Pr LeMoyne Sr de-Ibvle” – a reference to the French Canadian explorer, Pierre LeMoyne Sieur d’Iberville, who founded the first French fortified colony in present day United States in Ocean Springs in 1699. Replicas of the stone have been the hallmark of the City of Ocean Springs for decades.

Many have thought that the marker was a landmark of the original Fort Maurepas, or perhaps a wharf marker.  The French explorers used marble in the holds of their ships as ballast.  The marker was presented to the Cabildo in the 1930s for safe keeping by Mr. W.B. Schmidt, on whose land the marker was found over 100 years ago.  It has remained at Cabildo since.

“We are looking forward to welcoming Mr. Greg Lambousy, Director of Collections at the Louisiana State Museum, and his family, who will personally be joining us for the weekend’s festivities and bringing the marker,” said Mayor Moran.

“We are honored to provide the Iberville Stone for display at the ceremony commemorating the 1699 landing of Pierre LeMoyne Sieur d’Iberville in present day Ocean Springs,” said Mr. Lambousy.  “The Iberville Stone has long been a valued artifact on display in the New Orleans Cabildo, symbolizing the close historical connections and shared French heritage of our region.”

The Stone will be displayed on Friday, April 27, at the Hancock Bank in downtown Ocean Springs at 5:30 p.m. during the introduction of the 1699 Landing Party, and at Fort Maurepas Park on Ocean Springs Front Beach on Saturday, April 28^th from 3:00 p.m. to 8:00 p.m. for the 1699 Landing Re-Enactment celebration (which begins at 4:00 p.m.).

The City now boasts a city history museum, situated in the Mary C O’Keefe Cultural Art Center at 1600 Government Street.  Marc Poole is the Chairman of the Museum Commission, and Betty Magee is the Director of the City History Museum.

“The 1699 Historical Society is extremely appreciative of the efforts made by Mayor Moran and Museum of History Director Betty Magee, and all others involved, in collaborating with the Louisiana Museum of History to allow the return of the Iberville Colony Stone for the celebration of our annual Weekend of Discovery,” said Marc Poole.

“For the first time in 75 years, we will have the opportunity to share this vital piece of our cultural heritage, our own French colonial ‘Plymouth Rock,’ as it returns to the location from which it was originally discovered in 1910. It is our sincere hope that this collaboration will continue in the future, providing opportunities to educate the public on the significance of the history of Ocean Springs as the point of origin and the first fortified establishment of the French colony of “La Louisiane” in 1699.

The two-day celebration will kick off on Friday evening, April 27^th,  at 5:30 p.m., with the presentation of d”Iberville (portrayed this year by Hon. Charles Bordeis) and the Landing Party at the Hancock Bank on Washington Avenue.  The winners of the merchants’ costume contest will also be announced, with the Landshark Birthday Block Party from 6:00 p.m. to 10:00 p.m. on Government Street.  (Washington Avenue will remain open.)

On the morning of Saturday, April 28th, the 5K run/walk Race of Discovery begins at 8:30 a.m. at Fort Maurepas Park.  The race starts at the park on Front Beach Drive and will pass over Jackson Avenue, Cleveland Avenue, part of the Biloxi Bay Bridge, and back along the Front Beach walkway to Fort Maurepas Park.  A 1-mile children’s run/walk begins at 9:15 a.m. and will run along a portion of Front Beach Drive.  For registration information, call Stopher Haug at 228-627-8585 or Matt Perez at 228-239-6507.

A celebratory Mass will be conducted at St. Alphonsus Catholic Church at 502 Jackson Avenue at 10:00 am.  The re-enactors of the Landing Party will be present and in full dress.  The public is invited to attend.

Also on the morning of the 27^th, the Children’s Pet Parade will begin at the Little Children’s Park with registration at 9:30 a.m.  The parade starts at 11:00 a.m. and will run north on Washington Avenue to Marshall Park, where the entries for the children’s art contest will be displayed, and the results announced.

At 12:30 p.m., the landing participants will head to the Ocean Springs Yacht Club for lunch and the awards presentation.  From there, they will launch their sails for the re-enactment.

The landing festivities will begin at 3:00 at Fort Maurepas Park.  The re-enactment will take place at 4:00, followed by the cardboard boat regatta at 5:00.  The Weekend of Discovery will conclude with fireworks and a concert in the park at 8:00.  Vendors will be present selling food and drinks throughout the afternoon and evening.