Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
RECESS MEETING OF JULY 18, 2006
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 July 5, 2006. Mayor Moran presiding, Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer, Dalgo and Hagan were present. Also present were City Attorney John Edwards and City Clerk Adrienne Howell.
Alderman Denyer gave the invocation and Mayor Moran led the Pledge of Allegiance.
Mayor Moran requested two amendments to the agenda. Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to amend the agenda to add item 5-d under New Business for the MDOT grant. Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to amend the agenda to move item 8-d from the Consent Agenda to New Business to become item 5-e under New Business for improvements to the Senior Citizen Center.
PRESENTATION
Mr. Robert Hirsch, Ocean Springs Schools Superintendent, and Ms. Donna Nester, Ocean Springs Schools Business Manager, presented the school district 2006-2007 Budget (Exhibit 3-a). Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to accept the school district budget as presented.
Alderman Dalgo asked if there had been any progress on the county dispersing directly to the school system. Ms. Nester said that the School District Attorney has contacted the City Attorney and the County Attorney and they are to arrange a meeting to discuss the issue. Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to have the Mayor write a letter to the Jackson County Board of Supervisors to reiterate our request that the ad valorem taxes be given directly to the school instead of going thru the City.
OLD BUSINESS
Motion was made by Alderman Gill and seconded by Alderman Denyer to adopt Ordinance No. 21-2006 AN ORDINANCE TO CLOSE AND VACATE PART OF ROUSELLE PLACE (Exhibit 4-a). 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
Motion was made by Alderman Lloyd, seconded by Alderman Denyer and unanimously carried to table the ordinance regarding placement of trash cans until the next meeting (Exhibit 4-b).
Motion was made by Alderman Gill, seconded by Alderman Weaver and unanimously carried to table the wrecker ordinance revisions until the next meeting (Exhibit 4-c).
Alderman McDonnell explained that the Poor Man’s Yacht Club will present their request along with cost estimates to build a gazebo in the Harbor area to the Jackson County Board of Supervisors next week.
Mr. Scruggs presented an outline of the Flood Damage Prevention Ordinance (Exhibit 4-e). Ms. Marjorie Ashley had questioned the requirement to have an engineered foundation built in a velocity zone versus having a foundation designed by her architect. Mr. Scruggs explained that to achieve a better flood rating, several higher regulatory standards were incorporated into the ordinance which will cause savings to holders of flood insurance and will build a more flood resistant community. A rating verification is expected in September.
Mr. James Green addressed the Board to appeal the denial to rezone a portion of parcel from R-2 to C-3 (Exhibit 4-f). Motion was made by Alderman McDonnell and seconded by Alderman Gill that based on the finding of fact that this board feels that the zoning of this property was made incorrectly. Following discussion, motion was withdrawn by Alderman McDonnell. Motion was made by Alderman McDonnell and seconded by Alderman Weaver that a change of character in that particular property based on commercialization adjacent to it and further in the curve on Government Street and that we want to override the Planning Commission’s decision and allow the rezoning to occur. Motion carried with Aldermen Gill, Lloyd, McDonnell, Weaver and Denyer voting aye and Alderman Dalgo and Hagan voting nay.
Motion was made by Alderman McDonnell and seconded by Alderman Lloyd to lift the moratorium on metal buildings. Motion carried with Aldermen Lloyd, McDonnell, Denyer and Hagan voting aye and Aldermen Gill, Weaver and Dalgo voting nay.
Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to accept the negotiated plans and allow Mr. Green to move forward with the permit process. Motion carried with Aldermen Gill, McDonnell, Lloyd, Denyer, Dalgo and Hagan voting aye and Alderman Weaver voting nay.
Mr. Frank Burandt and Mr. Dennis Cowart presented the specifications for construction bids for Fort Maurepas (Exhibit 4-g). Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to accept the plan and authorize going out for construction documents based on further approval from the Secretary of State based on the plans. The funding will be as follows: FEMA $700,000.00, Tideland Funding $300,000.00 and the Hurricane Katrina Recovery Fund $250,000.00 for the pavillion.
NEW BUSINESS
Mr. George Sholl, Director of Jackson County 911 System, presented a plan to perform a study on consolidating public safety access points in Jackson County (Exhibit 5-a). Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to participate in the study.
Ms. Laura Hensely and Ms. Cheryl Miller complained of a drainage problem on Ashley Place (Exhibit 5-b). Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to allow the Public Works Director, the City Engineer and Alderman Denyer to meet and look at any different drainage design and come back to the Board with recommendations.
Mr. Earl Denham representing Mr. Earl Fayard presented bills to demonstrate that steps are being taken to clean the Ocean Springs Seafood site (Exhibit 5-c). Motion was made by Alderman Dalgo and seconded by Alderman Gill to suspend the lot cleaning at 400 Front Beach. Motion carried with Gill, Lloyd, Weaver, Denyer and Dalgo voting aye and Aldermen McDonnell and Hagan voting nay.
Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to adopt a resolution authorizing submittal of an application for funds from the MDOT Transportation Enhancement Program (Exhibit 5-d).
Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to adopt a budget amendment to make improvements to the Senior Citizen Center and to accept $33,000.00 from the Hurricane Katrina Recovery Fund under the auspices of the City for the project (Exhibit 8-d).
AUDIENCE REQUEST
Mr. Travis Norman, 302 Dewey Avenue, displayed remnants of large firecrackers that landed on his property on the 4th of July which could have caused a fire. He asked the Board to enforce the fireworks ordinance or do away with it. This matter will be referred to the Public Safety Committee.
Ms. Claire Brou complained that the U.S. Army Corps of Engineers has left town and her Right of Entry has not been done. Mr. Kaufman said that the Corps had been to her house on several occasions and each time she wanted to direct the activity. A faith based group has been contacted about cleaning the property.
Dr. Carter, representing the Ocean Springs Art Association, requested a place to locate a metal shed to store items for the annual art show. Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to place the metal shed for the Ocean Springs Art Association at the Public Works site.
Mr. Donald Scharr announced that the 2nd Annual Ocean Springs Music Festival will take place on August 4-5, 2006 and requested assistance with bleachers, clean up and security officers. Matter was deferred to Alderman’s Forum.
Ms. Katie Yow, 1219 Parktown Drive, complained of sewage and drainage problems in her area.
Ms. Nancy Morin, 430 Whispering Pines, thanked Mr. Kaufman for the work that had been done on the east side of the ditch in her back yard and asked that the west side of the ditch be addressed.
Ms. Sylvia Bosco, 509 Front Beach Drive, said that there is storm debris behind her house that is causing a drainage problem. Mr. Kaufman said the area will be cleaned by the Public Works Department.
HURRICANE KATRINA AGENDA
Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to approve payments to Grand River Construction, Inc. as exhibited in items 7-a and 7-b.
CONSENT AGENDA
Motion was made by Alderman Gill, seconded by Alderman Denyer and unanimously carried to approve the Consent Agenda with the exception of item (a), (j) and (x) pulled by Alderman Lloyd; item (g) pulled by Alderman McDonnell; item (u) pulled by Alderman Weaver; and items (v) and (w) pulled by Mr. Scruggs because they need a roll call vote.
Alderman Lloyd pulled item (a) and asked if the payment to Jackson County Utility Authority is a monthly bill. Ms. Howell answered affirmatively. Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to authorize payment to Jackson County Utility Authority in the amount of $84,350.20 for wastewater treatment services.
Alderman McDonnell pulled item (g) and asked if the position being filled is a new position or a replacement. Ms. Howell said that it is a replacement. Motion was made by Alderman McDonnell, seconded by Alderman Lloyd and unanimously carried to authorize ending employment of one CPI position in the Water & Sewer Department, posting and advertising in house to fill the vacancy, at an hourly rate of $10.00, effective August 1, 2006.
Alderman Lloyd pulled item (j) and asked if the Agreement of Mutual Aid had been run by the City Attorney. Chief Hare said that it had been. Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to authorize the Fire Chief to sign an Agreement of Mutal Aid with Acadian Amubulance Service, Inc. to begin after sufficient training as determined by both participants. Alderman Weaver pulled item (u) and no longer had a question about it. Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to accept the Tree Committee Report.
Motion was made by Alderman Gill and seconded by Alderman Lloyd to adopt Ordinance No. 22-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI, BEING ORDINANCE NO. 13-1976, AS AMENDED, BY PROVIDING FOR CHANGES TO THE PROVISIONS AND REGULATIONS OF SIGNS AND OUTDOOR ADVERTISING (Exhibit 8-v). 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 Nay
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Motion was made by Alderman Gill and seconded by Alderman Denyer to adopt Ordinance No. 23-2006 AN ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI AMENDING ORDINANCE 13-1976, ORDINANCE OF 4-17-79 ABD 6-1997- C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AND C-3 HIGHWAY COMMERCIAL DISTRICT TO FURTHER DESCRIBE USES PERMITTED (Exhibit 8-w). 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 Nay
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Motion was made by Alderman Gill and seconded by Alderman Denyer to adopt Ordinance No. 20-2006 AN ORDINANCE ADOPTING ADDENDICES “A” AND “B” TO THE DESIGN REVIEW GUIDELINES FOR INDUSTRIAL, COMMERCIAL AND MULTI-FAMILY STRUCTURES (Exhibit 8-x). 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 Nay
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
DEPARTMENT REPORTS
Mayor
The Mayor presented the Grant Writer Activity Report (Exhibit 9-a). The Mayor pulled item 9-b to discuss employment of Grant Writers and requested that it be tabled for two weeks because there is the possibility of a grant coming out of the Governor’s Office for cities to employ grant writers. Motion was made by Alderman Hagan to hire the two Grant Writers based on the contract. Motion did not receive a second.
The Mayor gave an update on the status of Del Castle and said that Mr. Legate is negotiating with Mr. Norman to lease the property.
Fire
Motion was made by Alderman Gill, seconded by Alderman Dalgo and unanimously carried to lift the burn ban.
Risk Management/H.R.
Motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to make a finding of fact that an emergency exists and authorization is given to get quotes on repairs to City buildings (Exhibit 9-f).
Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to authorize payment to Clyde C. Scott Insurance Agency, Inc. in the amount of $7,554.00 for insurance on the Parks Commission buses (Exhibit 9-k).
Public Works
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to make a finding of fact that an emergency exists and authorization is given to move forward on repairs to the Public Works building (Exhibit 9-g).
Mr. Kaufman said that there is removal of storm debris placed on the right of way only and citizens must get everything to the curb by August 10, 2006. Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to authorize advertising the end date for right of way debris removal.
Mr. Kaufman said there are 281 dead and hazardous trees on City right of ways and public property that are eligible for FEMA reimbursement. Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to authorize going out for bid and finding that it should be done in a hastened fashion to remove dead and hazardous trees from City right of ways and public property.
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to authorize Compton Engineering to perform the monitoring of the tree removal.
Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to authorize the Mayor to execute a resolution from the City of Ocean Springs to request an extension of Federal and State share in debris removal cost.
Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to authorize John Russell to attend the State Water Operator Class in Natchez on September 11-15, 2006 and authorize payment of any related travel expenses allowed by law (Exhibit 8-l).
Alderman Hagan said a water extension on Old CCC Camp Road was discussed in the Drainage and Infrastructure meeting. Motion was made by Alderman Hagan and seconded by Alderman McDonnell to move forward with getting water to just North of Lee Street on Ocean Springs Road for approximately $59,000.00. Alderman Hagan surveyed the three homeowners in the area and two of them do not want to be on City water. Motion failed with Alderman Hagan voting aye and Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting nay.
ALDERMAN’S FORUM
Motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to authorize the Mayor to coordinate providing assistance from Public Works, Police and the Parks Department on August 5, 2006 for the 2nd Annual Ocean Springs Music Festival.
Alderman Lloyd said that a citizen from Colonial Street discovered that there is not a fire hydrant close to his property to fill his swimming pool and he is concerned about fire safety. Chief Hare and the Public Works Director will address the issue.
Alderman Denyer reported that he has not received information about the calls he made regarding property clean up on Mincheck and Ridgewood and asked Mr. Scruggs to investigate.
Alderman Denyer asked what the plan is in the area on Havard where the street had to be torn up. Mr. Kaufman will investigate.
Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to accept the lateral transfer of Lt. John Flowers from the Police Department to the Code Enforcement Officer position effective August 7, 2006 (Exhibit 9-m).
EXECUTIVE SESSION
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to go into closed session to determine the necessity of going into executive session.
The City Clerk returned to the meeting and announced that a motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss professional services and potential litigation.
The City Attorney came out of Executive Session and announced that personnel issues in the Police Department are being discussed.
*Note: Alderman Dalgo left during Executive Session
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 Hagan and unanimously carried to recess until 6:00 p.m. on July 18, 2006.
