Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
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 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 Weaver gave the invocation and Mayor Moran led the Pledge of Allegiance.
PRESENTATION
Mr. Steve Tweet with MDOT presented drawings of the Biloxi-Ocean Springs Bridge.
Mayor Moran requested an amendment to the agenda. Motion was made by Alderman Dalgo, seconded by Alderman Weaver and unanimously carried to amend the agenda to add item 5-c under New Business for 2006 appointments to Boards and Commissions.
OLD BUSINESS
Mr. Edwards said that he has not received the legal description for the request to close/gate Rouselle Place in Maurepas Landing (Exhibit 4-a). Motion was made by Alderman Lloyd, seconded by Alderman Hagan and unanimously carried to table the request to close/gate Rouselle Place in Maurepas Landing. Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to send out a survey team and to pay the expense of having the survey conducted.
Mr. Edwards requested that item 4-b Appeal of denial for demolition of Del Castle be removed from the agenda until he receives further information. Motion was made by Alderman Dalgo, seconded by Alderman Weaver and unanimously carried to remove item 4-b from the agenda.
Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to table the ordinance regarding placement of trash cans until the next meeting (Exhibit 4-c).
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to table the On Call Wrecker Services Guidelines until the next meeting.
Alderman McDonnell explained that he has been working with the Jackson County Board of Supervisors in regard to the request by the Poor Man’s Yacht Club to build a gazebo in the Harbor area. Mr. Edwards reported that the area in question is the Martin property which is leased to Jackson County; and a gazebo could be placed there for the public at large; and the City can spend money to put it on county property, but a declaration from the county saying that they are going to reserve that area as recreational land would be necessary.
NEW BUSINESS
Dr. William and Dr. Karen Lucas presented a request for a reduction in building permit fees (Exhibit 5-a). Motion was made by Alderman Dalgo and seconded by Alderman Hagan to accept the recommendation of Mr. Scruggs to reduce building permit fees by 50% for new construction for single family residential lots to homeowners of record prior to August 29, 2005; to reimburse all homeowners, accordingly, who meet the above criteria and have purchased building permits; to continue providing $1.00 permits for repairs to storm damaged structures until August 29, 2006 and to raise permit fees for repairs to 50% of cost on August 30, 2006 and on January 1, 2007, all building permit fees would be collected at actual or 100% of cost. Following further discussion motion was withdrawn by Alderman Dalgo. Alderman McDonnell suggested that the fee be reduced to $1.00 until the end of the year. Motion was made by Alderman Hagan and seconded by Alderman McDonnell to charge everyone $1.00 on rebuild or repair to single family homes of original owner due to Hurricane Katrina until December 31, 2006 and reimburse building permit fees that have been paid by homeowners who are rebuilding. Motion carried with Aldermen Gill, McDonnell, Denyer, Dalgo and Hagan voting aye, Alderman Lloyd voting nay and Alderman Weaver recused herself.
Mayor Moran explained that assistance has been offered to the City of Bay St. Louis and application will be made to FEMA for reimbursement on a project worksheet to cover the cost of equipment, supplies and personnel expenses. Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to accept the resolution affirming emergency work to aid Bay St. Louis, Mississippi, due to Hurricane Katrina and take the resolution to the Mississippi Municipal League convention to encourage other cities to assist Bay St. Louis and other cities affected by Hurricane Katrina (Exhibit 5-b).
Mayor Moran presented the Boards and Commissions appointment list (Exhibit 5-c). Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to advertise vacancies to the Boards and Commissions for one month.
Motion was made by Alderman Lloyd, seconded by Alderman Weaver and unanimously carried to appoint the firm of Dogan & Wilkinson as City Attorney, the firm of Wolf, McDuff & Oppie as City Auditor and Mark Hare as Civil Defense Director for one year terms to expire on June 30, 2007.
Motion was made by Alderman Denyer and seconded by Alderman Gill to appoint Daryl Dryden as City Prosecuting Attorney, Matthew Mestayer as City Judge, and Neil Harris as City Judge Pro Tem/City Prosecuting Attorney Pro Tem for one year terms to expire on June 30, 2007. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman Lloyd, seconded by Alderman Hagan and unanimously carried to authorize those people serving on Boards and Commissions that appointment has expired to continue their term until such time applications are taken and appointments are made.
AUDIENCE REQUEST
Mr. Dave Jensen, 315 Front Beach Drive, presented pictures of the Fayard property debris and requested that the site be cleaned (Exhibit 6-a). Motion was made by Alderman Lloyd, seconded by Alderman McDonnell and unanimously carried to begin the lot cleaning process at the Fayard property with a $10,000.00 cap.
Ms. Marjorie Anderson complained about the expense of hiring an engineer to design the foundation at Shearwater Pottery when it can be done by her architect. Mr. Scruggs explained that this is a requirement in a velocity zone and she requested that the ordinance regarding the rules and regulations for the velocity zone be reviewed.
Ms. Nancy Moran, 430 Whispering Pines, complained that her backyard is eroding into the ditch and that the ditch has not been cleaned out in years. Mr. Groue explained that NRCS is working in the area to clear the drainage but that will not address the erosion.
Ms. Nancy Morin, 430 Whispering Pines, thanked Mr. Kaufman for the work that has been done on the east side of the ditch behind her house 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 which is causing a drainage problem. Mr. Kaufman said that the Public Works Department will address the issue.
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 Lloyd, seconded by Alderman Dalgo and unanimously carried to approve the Consent Agenda with the exception of item (a) which was pulled by Alderman Lloyd, item (g) which was pulled by Alderman McDonnell and item (q) which was pulled by Alderman Denyer.
Alderman McDonnell pulled item (k) and asked if six Police cars would be declared surplus once the new Police cars are received. Deputy Police Chief Mulvaney answered affirmatively. Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to accept the quote from Estabrook Ford to purchase six Ford Crown Victoria Police cars at $20,913.00 per vehicle to be paid by state grant, leaving a balance of $694.00 per vehicle.
Alderman Dalgo pulled item (l) at the request of Chief Hare who asked that the 1977 Mack Pumper truck have a minimum bid of $3,000.00 for auction. Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to request that the 1977 Mack Pumper truck not be auctioned for less than $3,000.00.
Alderman Denyer pulled item (q) at the request of Ms. McDonnell who asked that authority be given to advertise for Dispatcher, Patrolman, Correction Officer and School Crossing Guard in addition to Firefighter. Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to authorize advertising for Firefighter, Dispatcher, Patrolman, Correction Officer (not to exceed four in hiring) and School Crossing Guard.
DEPARTMENT REPORTS
Mayor
The Mayor requested authorization to travel to the MML Conference a day early to meet with the Executive Board and to travel to Jackson on July 21 and 22 to attend the Mississippi Economic Development Council meeting. Motion was made by Alderman Gill, seconded by Alderman Dalgo and unanimously carried to authorize the Mayor to travel to Jackson on July 21 – 22, 2006 for the MEDC meeting and to travel to Tunica to the MML Conference on July 23 – 27, 2006 (Exhibit 9-a).
The Mayor announced that Donna Brown, Manager of the Gulf Hills Resort and Convention Center, was selected as one of the 2006 50 Leading Business Women in the State (Exhibit 9-b). Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to send a letter to Donna Brown congratulating her on being selected as one of the 2006 50 Leading Business Women in the State.
Public Works
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to advertise for a public hearing for water system improvements (Exhibit 9-c).
Community Development & Planning
Mr. Scruggs presented the Design Review Ordinance (Exhibit 9-d). Motion was made by Alderman Hagan and seconded by Alderman Weaver to adopt Ordinance No. 19-2006 AN ORDINANCE ADOPTING DESIGN REVIEW GUIDELINES FOR INDUSTRIAL, COMMERCIAL AND MULTI FAMILY STRUCTURES. The City Attorney recommended that this be discussed in Executive Session. Motion was withdrawn by Alderman Hagan.
Mr. James Green addressed the Board to appeal the denial to rezone a portion of parcel from R-2 to C-3 (Exhibit 9-e). Motion was made by Alderman Denyer and seconded by Alderman McDonnell to approve Mr. Green’s request to rezone a portion of the property from R-2 to C-3 because the character of the neighborhood has changed to a commercial area. Motion tied with Aldermen Gill, McDonnell and Denyer voting aye, Aldermen Weaver, Dalgo and Hagan voting nay, Alderman Lloyd and Mayor Moran abstained from voting. The motion did not pass. Motion was made by Alderman Hagan and seconded by Alderman Denyer to table the matter until the next meeting and have the City Attorney research the potential error in zoning. Motion carried with Aldermen Gill, Lloyd, Weaver, Denyer, Dalgo and Hagan voting aye and Alderman McDonnell voting nay.
ALDERMAN’S FORUM
Alderman Hagan said he had a call from a citizen that lives in an area of Ocean Springs Road that was annexed by the City ten years ago but does not receive water service. Her well has gone dry and she is requesting City water. There are about a dozen houses in the area on Ocean Springs Road from Old CCC Camp Road to Riley Road that receive sewer but no water services. Alderman Hagan will survey the residents in the area to find out if they want to get on City water and Public Works will provide a cost estimate for the next meeting.
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to direct the Mayor to write a letter to the Jackson County Board of Supervisors, Alan Suddeth, the County Administrator and Sheriff Mike Byrd explaining our need for help with jail facilities and ask for a speedy response.
Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to authorize $800.00 from the Ward 1 Capital Improvement Account for the Fort Bayou Estates entrance fence which will be reconstructed on the state right-of-way line.
Alderman Denyer said that there may need to be a public meeting regarding the East Beach boat ramp.
Alderman Denyer asked that it be made known to the public that a swimming pool can be filled without paying for sewage.
Mr. Scruggs announced that Greg Wilson, Building Official, has resigned. Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to accept the resignation of Greg Wilson as of July 14, 2006 in accordance with Civil Service procedures.
Motion was made by Alderman Gill, seconded by Alderman Dalgo and unanimously carried to allow Mr. Scruggs to hire off of the existing list using Civil Service rules.
EXECUTIVE SESSION
Motion was made by Alderman Denyer, 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 Weaver, seconded by Alderman Lloyd and unanimously carried to remain in executive session to discuss an appealable issue regarding the Design Review Ordinance, potential litigation and personnel.
Motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman Weaver and seconded by Alderman Hagan to adopt Ordinance No. 19-2006 AN ORDINANCE ADOPTING DESIGN REVIEW GUIDELINES FOR INDUSTRIAL, COMMERCIAL AND MULTI FAMILY STRUCTURES (Exhibit 9-d). The motion passed with a roll call vote as follows:
Alderman Weaver Voted Aye
Alderman Gill Voted Aye
Alderman McDonnell Voted Nay
Alderman Lloyd Abstained
Alderman Denyer Voted Nay
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Motion was made by Alderman Denyer and seconded by Alderman Gill to place a temporary moratorium on metal buildings effective July 6, 2006 at 12:00 a.m.
Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to recess until 6:00 p.m. on July 18, 2006.
