Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
RECESS MEETING OF APRIL 17, 2007
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, 2007. Mayor Moran presiding, Aldermen Gill, McDonnell, Lloyd, Weaver, Dalgo, Denyer and Hagan were present. Also present were City Clerk Adrienne Howell and City Attorney John Edwards.
Reverend Carter gave the invocation and the Mayor led the Pledge of Allegiance.
The Mayor pulled item 3-a from New Business at the request of Mr. Harris, item 5-f from the Consent Agenda because Chief Hare has some additional information and item 5-q under the Tree Committee report regarding the CVS Pharmacy request.
NEW BUSINESS
Ms. Jody Harris asked for a two week continuance to appeal the denial of the Planning Commission for a special use permit to sell food (Exhibit 3-a). She also requested clarification in writing of the C4-B Ordinance food and beverage issue. Alderman McDonnell asked the City Attorney for a listing of what can be regulated in C4-B.
Mr. Arthur Carlisle spoke on behalf of Ms. Tammy Alvarez to appeal the denial of the Historic Preservation Commission (Exhibit 3-b). Motion was made by Alderman Weaver, seconded by Alderman Gill and unanimously carried to accept the recommendation of the Historic Preservation Commission to issue a COA to allow the screened porch to be enclosed as presented in the attached plans at 517 Rayburn Avenue.
Motion was made by Alderman Denyer, seconded by Alderman Weaver and unanimously carried to have the City Attorney draft an ordinance regarding public notice practices to include: requiring notice for all properties where a request is made for a Planned Urban Development or a subdivision in addition to zoning changes, add a provision whereby a sign on the subject property is erected with information about the requested change and the date of the Planning Commission meeting and require that registered letters be sent to all property owners within 500 feet.
PUBLIC COMMENT
Mr. Tom Reynolds said that when he served on the Board of Aldermen an ordinance was passed following Hurricane Camille that allowed beer and food to be sold in the Harbor.
Ms. Michelle Hale requested the following assistance for the annual Renaissance Festival put on by St. John’s Episcopal Church: Police Explorers to help with parking, the use of the watering tank truck and allow signs to be erected at the corner of Washington Avenue and Highway 90 and the corner of Highway 57 and Highway 90. The City Clerk brought up the issues of liability and insurance and the Interim Police Chief said that the Explorers are all ready committed to the May Fest. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to grant the request to provide the services of a watering tank and allow the erection of signs to promote the resources of the City.
Mr. Bruce Duckett, 1406 Hellmers Lane, served on the Planning Commission in the early 1970’s when the current zoning was established. He asked to view the listing that will be developed by the City Attorney as to what can be regulated in C4-B. The Mayor said the information will be included in the agenda packet for the next Board meeting which will be on display in the Library and at City Hall.
Ms. Courtney Blossman, 207 Shearwater Drive, said that the proposed revisions to the Waterview Ordinance are confusing and ambiguous. She asked the Aldermen to vote with the consensus of the citizens which is to revert back to the 1995 Waterview Preservation Ordinance.
Sgt. Laverne Young asked that the City establish a cemetery for people that cannot afford to be buried at the cemetery on Highway 90.
Mr. Doug Denehie, 503 Forrest Hill Drive, said that the Planning Commission heard the appeal of Mr. Harris for a Special Use Permit for a deli/restaurant at Harbor Landing on April 10, 2007 and as a member of the Planning Commission he reviewed the history of the project, City, and state and municipal code and came to the conclusion to deny the request. He will continue to listen to the public, treat citizens fairly and follow the law.
Mr. Don Abrams asked if the Harris property in the Harbor is part of a Tidelands lease. Mr. Harris said that he bought the property outright from Mr. Fayard and the Mayor said that to her knowledge it is fee simple and not Tidelands.
Ms. Jane Beaugez agreed with the need for a City cemetery and suggested that if anyone would like to donate land it would be a good tax write off.
ADDENDUM
Ms. Kathi Sweeney, owner of the Charnley House, said that she has hired a local architect, Mr. Cooper Norman who will provide a cost overview and scope of work for the repair of the home (Exhibit A-1a). Mr. Chelius Carter and Mr. Ken P’Pool with the Mississippi Archives and History Department said that they are working with Ms. Sweeney to save this architectural treasure and the main concern at this time is to stabilize the structure.
The Mayor reported that following the denial by the Tree Committee to relocate a Live Oak tree on Highway 90 by the proposed CVS Pharmacy they have requested relocating two Live Oaks on Bechtel Boulevard at the site of their proposed driveway. Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to accept the recommendation of the Tree Committee to grant the request of CVS Pharmacy to relocate two Live Oak trees on Bechtel Boulevard (Exhibit A-1b).
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to authorize payment request #1 to M & W Engineers and Constructors in the amount of $39,589.29 for Citywide building repairs (Exhibit A-2a).
CONSENT AGENDA
Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to approve the Consent Agenda with the exception of item (f) which was pulled by Chief Hare, item (r) which was pulled by Alderman Gill and item (t) which was pulled by Alderman Hagan.
Chief Hare pulled item (f) because Fountainebleu Volunteer Fire Department added wording which is in bold to the Automatic Aid Agreement. Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to execute the Automatic Aid Agreement with Fountainebleu Volunteer Fire Department.
Alderman Gill pulled item (r) because the neighbors of that property want to get organized and make a presentation to the Board regarding their opposition to a commercial building being placed in their neighborhood. Motion was made by Alderman Gill and seconded by Alderman Lloyd to table the recommendation by the Planning Commission to approve a special use permit at 1128-B Vermont Avenue. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Dalgo voting aye and Aldermen Denyer and Hagan voting nay.
DEPARTMENT REPORTS
Mayor
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to accept the resignation of Ashley Hendren from the Zoning and Adjustment Board (Exhibit 6-a).
The Mayor and Aldermen discussed their various recommendations for revisions to the Waterview Preservation Ordinance (Exhibit 6-b). The City Attorney will craft sample ordinances for their consideration at the next Board meeting. Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to have the City Attorney craft sample ordinances for revisions to the Waterview Preservation Ordinance which will be on display at the Library and in City Hall beginning on Friday, April 27, 2007.
Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to table item 5-t regarding the recommendation by the Planning Commission to deny a special use permit at 1709 Harbor Drive.
Human Resources/Risk
Motion was made by Alderman Weaver and seconded by Alderman Denyer to adopt the Telecommunications Policy for City employees and equipment with the monitoring to be handled by the Human Resources Manager and City Attorney (Exhibit 6-d). Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Denyer voting aye, Alderman Hagan voting nay and Alderman Dalgo abstained.
Parks & Leisure Services
Parks Director Sean Campbell presented a listing of members nominated to participate on the Advisory Committee for Recreation & Public Safety to prepare for the 2% tax referendum (Exhibit 6-e). Alderman McDonnell suggested that the group be assembled for a meeting by mid May and encouraged all of the Aldermen to participate.
Mr. Campbell announced that the Mississippi Tennis Association has awarded a $5,000.00 Adopt-A-Court matching grant to the City which will be used to renovate the Halstead Tennis Courts (Exhibit 6-f).
Mr. Campbell said that the $68,000.00 estimate for the repair to the roof at the Armory is the most accurate which includes the repair of the sloped pitched roof, the flat roof and replacement of the downspouts and gutters. Alderman Lloyd asked if any progress has been made getting a release date from the Guard or permission to begin the repairs on the building. The Mayor said that the City Clerk and Ms. Kristen Holley have requested a ruling from FEMA as to whether the City can submit a Project Worksheet for the roof repair. Alderman Lloyd suggested that a request be placed with the National Guard to release the building now instead of waiting until the end of the year.
City Attorney
Motion was made by Alderman McDonnell and seconded by Alderman Hagan to adopt Ordinance No. 13-2007 AN ORDINANCE TO CLOSE AND VACATION A PORTION OF INDIAN TRAIL (Exhibit 6-h). The motion passed with a roll call vote as follows:
Alderman Weaver Voted Aye
Alderman Gill Voted Aye
Alderman McDonnell Voted Aye
Alderman Lloyd Voted Aye
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
The City Attorney presented a proposal for a Noise/Boombox Ordinance (Exhibit 6-i). Alderman McDonnell requested that it be discussed at the next meeting.
ALDERMAN’S FORUM
Alderman Hagan reported that he met with the May Fest organizers, the Department Heads and the City Attorney and that Government Street from Russell Avenue to Washington Avenue will close for the festival from 2:00 p.m. to 11:00 p.m. on Saturday, May 5, 2007. The music and vendors will shut down at 9:00 p.m.
Motion was made by Alderman McDonnell and seconded by Alderman Gill to approve the request from the 1699 Historical Committee for $3,000.00 to promote the resources of the City (Exhibit 7-a). Alderman Denyer objected because the money is to be used for an invitational membership reception and Alderman McDonnell said that it will be used to secure new members and strengthen the organization. Following discussion, motion was withdrawn by Alderman Gill. Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to invite the 1699 Historical Committee to make a presentation at the next board meeting to explain the funding request.
Alderman Lloyd said that Delta Sanitation has encountered a problem picking up trash cans at Westbrook Apartments which have to be drug across a ditch. The Chief Building Official said that Code Enforcement has spoken to the owners about the need to get a dumpster at the site instead of trash cans and garbage pickup at this site will stop this week until the matter is addressed.
Alderman McDonnell asked that the Assistant City Planner, Chief Building Official and City Attorney meet to go over the terminology of the ordinance for the Harbor project.
Alderman Weaver announced that Saturday is Community Clean Up Day at the Children’s Park and the Interim Police Chief requested that the street be closed on Calhoun between Dewey Avenue and Washington Avenue for the event from 10:00 a.m. to 2:30 p.m. Motion was made by Alderman McDonnell, seconded by Alderman Lloyd and unanimously carried to close the street on Calhoun between Dewey Avenue and Washington Avenue on Saturday from 10:00 a.m. to 2:30 p.m.
EXECUTIVE SESSION
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to go into closed session to determine the necessity of going into executive session.
The City Clerk returned to the meeting and announced that a motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss personnel issues in the Police Department, City Clerks Department and Human Resources, potential litigation and compromised claims.
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to authorize the Mayor to execute a contract with Secure Networks, LLC for $1,250.00 a month for sixteen hours.
Motion was made by Alderman Gill, seconded by Alderman Lloyd and unanimously carried to enter the letter from Secure Networks, LLC into the minutes (Exhibit 8-b).
Motion was made by Alderman McDonnell and seconded by Alderman Gill that based on a finding of fact regarding a very high water bill, because of unforeseen circumstances that were not disclosed to the customer, and for which the customer did not receive benefits of the utility service, the City Clerk is authorized to adjust the bill based on an average of three months prior to the break and three months after the repair has been made. Motion carried with Aldermen Gill, McDonnell, Weaver, Dalgo, Denyer and Hagan voting aye and Alderman Lloyd voting nay.
Motion was made by Alderman Gill, seconded by Alderman Weaver and unanimously carried to post the Building Assistant/Clerk position in house and instruct the Human Resources Manager to write a job description for the position to include GIS computer experience, hardware connections and minor software installation.
Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to adjourn until 6:00 p.m. on May 1, 2007.
