| Minutes – January 16, 2008

Aldermen Minutes

MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS

RECESS MEETING OF JANUARY 16, 2008

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 January 16, 2008. Mayor Moran presiding, Aldermen McDonnell, Weaver, Denyer, and Hagan were present. Also present were City Clerk Shelly Ferguson and City Attorney John Edwards. Aldermen Gill, Lloyd and Dalgo were absent.

The Mayor gave the invocation and led the Pledge of Allegiance.

The Mayor moved item 3-a and asked that it be considered after item 4-c and to pull item A-1b from the Addendum to the Agenda. She also requested adding one item under New Business as Discussion from Community Development Director regarding the area variance. Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to make the requested amendments to the agenda.

NEW BUSINESS

The Community Development Director explained the area variance ordinance and that it will be on the February 7, 2008, agenda.

Alderman Lloyd arrives at the meeting.

Dr. Marvin Morgan accompanied by Dr. Nicholas Mosca, State Dental Director, reported that water fluoridation would be good for the dental health of the residents of Ocean Springs and adding it would not affect the taste of Ocean Springs’ tap water (Exhibit 4-a).

Ms. Michelle Hale and Mr. Herb Moore requested the following assistance for the annual Renaissance Festival put on by St. John’s Episcopal Church on May 3rd and 4th: the use of Freedom Field; Police Explorers to help with parking and public works. Motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to grant the request to use Freedom Field beginning Tuesday, April 29th, thru Monday, May 5th and to advertise the resources of the City at the Renaissance Festival (Exhibit 4-b).

Mr. William Boyd presented an appeal of the Zoning and Adjustment Board’s recommendation to deny a rear yard variance at 3507 Government Street (Exhibit 3-a). Mr. Bernard Wabel objected to the setback variance at 3507 Government Street (Exhibit 4-f). Motion was made by Alderman Lloyd, seconded by Alderman Weaver to accept the recommendation of the Zoning and Adjustment Board to deny the setback variance at 3507 Government Street. Motion fails with Alderman Weaver and Lloyd voting aye and Alderman McDonnell, Denyer and Hagan voting nay. After further discussion, Motion was made by Alderman McDonnell, seconded by Alderman Denyer to cut roof back by 1 foot on the patio and to grant a variance for 6 inches on the structural post. Motion carried with Aldermen McDonnell, Denyer and Hagan voting aye and Aldermen Weaver and Lloyd voting nay. Mayor Moran attempted to exercise her right to veto the motion, but the City Attorney advised her that the veto must be in writing.

Grace Independent Baptist Church presented an appeal of the denial of the Zoning and Adjustment Board for a sign variance. Motion was made by Alderman Lloyd, seconded by Alderman Weaver and unanimously carried to accept the recommendation of the Zoning and Adjustment Board to deny the sign variance at 3707 Bienville Boulevard. After further discussion, Motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to authorize the Mayor to contact the Mississippi Department of Transportation to relocate the Mississippi Vietnam Veteran Memorial sign further east on Bienville Boulevard.

Dennis Cowart, Architect, gave an update on the renovations of the Community Center. The Mayor announced that a special call meeting has been scheduled for Tuesday, January 22, 2008, at 5:15 p.m. at the Walter Anderson Museum of Art to meet with the Walter Anderson Museum of Art Board of Trustees to discuss the renovations of the Community Center and the addition of the space for the caterer’s kitchen (Exhibit 4-e).

PUBLIC COMMENTS

Ms. Jane Beaugez expressed her favorable opinion regarding fluoridation in the Ocean Springs’ water system.

Mr. Bernie Sullivan, Hickory Hill, Gautier, MS, asked the City for their help in honoring the fallen soldier, Major Michael Green, by standing along the north side of Highway 90 and waving flags during his funeral procession from Gautier to the National Cemetery in Biloxi on Saturday, January 19th at 1:00 p.m.

CONSENT AGENDA

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda with the exception of items (f) and (q) which were pulled by the Alderman Hagan, and item (dd) which was pulled by the City Attorney.

Alderman Hagan pulled item 6-f to make a correction to the minutes of January 2, 2008. Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to correct the Minutes of January 2, 2008, and asked to make the change from “no” cap to “a” cap under Public Comment.

Alderman Hagan pulled item 6-q to ask for clarification on the 2 quotes for the animal control vehicle compartment. The City Clerk explained that the second quote was 14 pages long and that was the last page of the quote. Motion was made by Alderman Hagan, seconded by Alderman Lloyd and unanimously carried to award the quote for the animal control vehicle compartment to Ainley Kennels & Fabrications, Inc. in the amount of $10,145.00 and adjust the budget accordingly (Exhibit 6-q).

The City Attorney clarified that item 6-dd is a waiver of fee for the Gay-Lemon Sports Complex. Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to find Habitat for Humanity is a community service program within the City of Ocean Springs and that the value of the fee waived is the match by others paying their entry fee into that tournament (Exhibit 6-dd).

DEPARTMENT REPORTS

Mayor

The Mayor announced that the Chamber of Commerce agreed to facilitate a meeting with all of the restaurant and lounge owners regarding the 2% tax levy but no date has been set yet. The State Tax Commission representative has been invited to attend this meeting.

Parks and Leisure Services

Motion was made by Alderman McDonnell, seconded by Alderman Hagan to accept the recommendation of the Parks Advisory Board that the City proceed with building six of the proposed tennis courts on Alice Street. Motion carried with Alderman McDonnell, Weaver, Denyer and Hagan voting aye and Alderman Lloyd voting nay (Exhibit 7-b).

Public Works

The Public Works Director presented a letter regarding Mr. Gay Young’s accusations. Mr. Kaufman asked for direction from the Board regarding any legal recourse against Mr. Young. (Exhibit 7-c).

ADDENDUM

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to approve items A-1a of the Addendum to the Agenda.

ALDERMAN’S FORUM

Motion was made by Alderman Weaver, seconded by Alderman McDonnell and unanimously carried to authorize the City Attorney to re-draft the Resolution presented to the George County Board of Supervisors regarding the Richton Salt Dome to state that the City of Ocean Springs would like to have a public hearing in Jackson, George and Greene County on this issue and an environmental impact study be done on the Pascagoula River (Exhibit A-2a).

Alderman McDonnell asked to recognize one of our outstanding citizens who exemplified true sportsmanship during the Louisiana State University championship football game against Ohio State. Motion was made by McDonnell, seconded by Alderman Hagan and unanimously carried to invite Richard Dickson and his family to a Board of Alderman meeting to be recognized for his outstanding achievements.

Alderman McDonnell asked that posts with chains be installed in front of Gulf Oaks Condominiums to alleviate parking issues.

Motion was made by Alderman Lloyd, seconded by Alderman Hagan and unanimously carried to repair the sidewalks on Porter Avenue with funding as follows: $10,000.00 from the Ward III Capital Improvement Account, $3,000.00 from the Alderman At Large Capital Improvement Account and $5,000.00 from the Public Works Capital Improvement Account.

Alderman Lloyd asked about the traffic signs on front beach. The Public Works Director stated that the signs were installed by MDOT and were to be bagged until the project began after Mardi Gras. If the signs are not bagged, the Public Works Department would do so. Signage will go into effect the week of January 21, 2008.

Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to authorize $450.00 from the Alderman At Large Capital Improvement Account for a bench for Parks and Leisure Department.

Alderman Denyer asked for an update on Halstead Road and East Beach Road paving. The Public Works Director will supply a written time line for the project.

Alderman Hagan asked if there was an auction scheduled to dispose of the vehicles at Gay-Lemon. The Police Chief reported that he would be ready for an auction in the next month.

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the Mayor to accept the Temporary Construction Easements to begin work at the Elephant Walk.

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the Mayor to execute the documents related to the property adjacent to Evergreen cemetery.

Motion was made by Alderman McDonnell, seconded by Alderman Hagan, and unanimously carried to thank the business owners for their generous contribution but have found that the City could sponsor the event under State law and encourage them utilize those funds to purchase tickets to attend the Trent Lott Appreciation Day reception.

The Mayor announced that the Macedonia Baptist Church will be celebrating Martin Luther King Day. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to contact Macedonia Baptist Church about advertising costs to promote the City’s resources up to $500.00 at the Martin Luther King celebration.

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 that a motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss potential litigation with individual(s) interfering with public employees and officials’ duties and economic development in downtown Ocean Springs, Ward 1, Ward 6 and Highway 90.

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

Motion was made by Alderman Lloyd, seconded by Alderman Denyer and unanimously carried to adjourn until 6:00 p.m. on February 6, 2008.

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City Clerk Mayor

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