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 Recess meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on June 6, 2006. Mayor Moran presiding, Aldermen Gill, Weaver, Denyer, Dalgo and Hagan were present. Also present was City Attorney John Edwards. Aldermen McDonnell, Lloyd and City Clerk Adrienne Howell were absent.
Reverend Michael Barnett gave the invocation and Mayor Moran led the Pledge of Allegiance.
OLD BUSINESS
Mayor Moran requested an amendment to the agenda. Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to amend the agenda to add item 3-e under Old Business for Application for Tideland Funds.
Mr. Edwards asked that the request to close/gate Rouselle Place in Maurepas Landing be tabled until he gets a legal description of the area (Exhibit 3-a). Mr. Kaufman said that he has erected temporary barricades in the area. Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to table the request to close/gate Rouselle Place in Maurepas Landing.
Mr. Robert O’Dell, attorney for the Legate family trust, requested an Attorney General’s opinion regarding the section of Ordinance 4-2005 dealing with the City’s authority of properties that are not in the Historic District but are more than fifty years old (Exhibit 3-b). Mr. O’Dell reported that Mr. Legate has received a proposal from Mr. Norman, a local architect, to do some renovation in exchange for use of the property. Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to table the appeal for demolition of Del Castle until the Attorney General’s opinion is received and Mr. Legate has an opportunity to talk to Mr. Norman about his offer.
Motion was made by Alderman Dalgo and seconded by Alderman Gill to adopt Ordinance No. 18-2006 AN AMENDMENT TO CODE OF ORDINANCES, THE CITY OF OCEAN SPRINGS, MISSISSIPPI, FOR REMOVAL OF TRASH CONTAINERS (Exhibit 3-c). The motion passed with a roll call vote as follows:
Alderman Weaver Voted Aye
Alderman Gill Voted Aye
Alderman McDonnell Voted Absent
Alderman Lloyd Voted Absent
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to table the ordinance regarding placement of trash cans until the next meeting.
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.
*Note: Alderman McDonnell arrived at 6:22 p.m.
The Mayor presented a memo regarding the redirecting of Tideland funding (Exhibit 3-e). Motion was made by Alderman Dalgo and seconded by Alderman Weaver to move forward with the recommendation to build a multi purpose shelter facility at Gay Lemon Park and transferring funds that were going to be used to purchase additional property to Fort Maurepas Park. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman Weaver and seconded by Alderman Dalgo to apply for $350,000.00 for FY 2008 to purchase property if necessary for a boat launch north of the Hwy. 90 bridge and additional construction costs not borne by MDOT. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman Dalgo and seconded by Alderman Weaver to apply for $70,000.00 for FY 2008 for Blue Ways to accommodate small kayaks at Marble Springs and Twelve Oaks properties on Fort Bayou. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman Weaver, seconded by Alderman McDonnell and unanimously carried to set the priority for Tideland funding as follows: 1) $350,000.00 for the boat ramp property and 2) $70,000.00 for the Blue Ways.
NEW BUSINESS
Mr. William Hawkins, Executive Director of Gulf Coast Research Laboratory, presented an update of the status of the Research Lab (Exhibit 4-a).
Ms. Betsy Duvernay complained about an unkempt yard and house at 1126 Vermont Avenue which is owned by Spring Plaza. Motion was made by Alderman Gill, seconded by Alderman Dalgo and unanimously carried to have the Building Department visit the site to see if there are any violations, and if so, take appropriate action.
Alderman Gill suggested that City wide drainage problems should be studied to identify the important issues and make a priority list. The Mayor asked the Aldermen to submit a list to her of drainage problems in their ward and she will call a meeting of the Infrastructure Committee.
AUDIENCE REQUEST
Mr. Veries Metz, resident of Parktown Subdivision, asked what the long range plan is for Parktown regarding streets, speeding, dogs running wild and cleaning drainage ditches. The speeding is occurring on Groveland Avenue from the Hospital to Parktown Road, Parktown Road to Yosemite, and Deana Street to Yosemite. Alderman Hagan said that there have been traffic studies ordered for calming devices at Parktown, Groveland and Deana. The Animal Control Officer will investigate the situation with the dogs.
Mr. Gary Maniscalco, 1213 Wellington Lane, asked how to find out the elevation on his home. Mr. Scruggs recommended that a he hire a surveyor to find out his exact elevation and offered to meet with him to look up his lot on the Jackson County GIS site to give him an approximation of his elevation.
Ms. Laura Frederick of Ward 2 is concerned about the drought and impending fireworks season. Chief Hare said that fireworks are not allowed to be sold or discharged inside City limits. The forces of the City are tolerant during holidays that involve fireworks as long as the citizen discharging does not generate a complaint. He recommends that if a concern arises, the Police Department be contacted and proper action will be taken.
Mr. Charlie Taylor, resident of Lovers Lane, urged the Board to remove the tree on Lovers Lane because it hinders emergency response and there will be a great deal of construction in the area. Ms. Judy Harrington, resident of Lovers Lane, expressed her wish that the tree remain. Alderman Dalgo asked that Mr. Edwards review a letter from Mr. Ken Altman stating that the barricades erected on the Mavar property located across the street from the tree are too close to the street and should be removed (Exhibit 5-a). Alderman McDonnell said that there are fences close to the street all along Lovers Lane that would have to be removed. Motion was made by Alderman McDonnell and seconded by Alderman Gill to remove the tree. The Mayor has received some documentation regarding the tree from the City Attorney and City Engineer that she would like to discuss in Executive Session. Motion was withdrawn by Alderman McDonnell.
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 Deputy City Clerk returned to the meeting and announced that a motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to remain in executive session to discuss potential litigation regarding liability of Lovers Lane tree.
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 McDonnell and seconded by Alderman Hagan that based on testimony from the City Attorney, City Engineer and Fire Chief and due to liability/safety reasons and other considerations, the tree on Lovers Lane be removed. Motion carried with Aldermen Gill, McDonnell, Weaver, Dalgo and Hagan voting aye and Alderman Denyer voting nay.
Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to authorize the Mayor to work with the property owner across the street from the tree to establish a new tree canopy. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to hire an arborist to establish how many trees should be planted and their placement. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to spread the letter from the Minor family regarding the tree on the minutes which suggests that the tree remains be donated to the U.S.S. Constitution since they utilize ancient oaks for repair and contact the foundation (Exhibit 5-b).
HURRICANE KATRINA AGENDA
Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to approve payments to Compton Engineering as exhibited in items 6-a, 6-b and 6-c.
CONSENT AGENDA
Motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda with the exception of item (d) which was pulled by Alderman Gill, items (g) and (bb) which were pulled by Alderman Hagan, item (r) which was pulled by Alderman Dalgo and item (cc) which was pulled by Alderman Weaver.
Alderman Gill pulled item (d) and requested a change to the minutes. Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to change the wording of the minutes for the motion under New Business to accept the contribution of $2,500.00 from the Fort Bayou Estates Civic Association for the purpose of purchasing signs for Fort Bayou subdivision and change the wording of ‘signs’ to ‘decorative street signs’.
Alderman Hagan pulled items (g) and (bb) regarding the kiln room at the Mary C. O’Keefe Center and asked why the Historic Preservation Commission is recommending allowing construction of an addition for a kiln room at the Mary C. O’Keefe Center when the construction is all ready underway. Mr. Scruggs said that the Historic Preservation Commission has reviewed the plans which were changed and resubmitted which caused a time delay. Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to approve items (g) and (bb).
Alderman Dalgo pulled item (r) at the request of Mr. Kaufman to award the contract to the lowest and best bid for drainway debris. Mr. Edwards asked that the board ratify the signed resolution affirming emergency work for the clearing of drainways due to Hurricane Katrina (Exhibit r-1). Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to ratify the signed resolution affirming emergency work for the clearing of drainways due to Hurricane Katrina. Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to award the contract for the lowest and best bid for drainway debris to Worley Tree Services. Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to authorize the employment of monitors as contract laborers at an hourly rate of up to $20.00 to oversee the clearing of drainway debris. Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to authorize the Mayor to sign any and all documentation that may need to be executed other than the contract for this agreement.
Alderman Weaver pulled item (cc) to open for discussion the Historic Preservation Commissions recommendation to allow demolition of the sanctuary at First Baptist Church. The Mayor asked Reverend Barnett if anyone had expressed interest in buying the building and moving it to another location. He said that an advertisement was run for thirty days for that purpose and there was interest from a several sources but in the end they decided that it would be too expensive to move and would probably fall apart. Motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to accept the Historic Preservation Commissions recommendation to allow demolition of the sanctuary at First Baptist Church on the northwest corner of Porter Avenue and Bellande.
DEPARTMENT REPORTS
Mayor
The Mayor presented the grant writer activity status report (Exhibit 8-a). Ms. Carolyn Martin is working on the MDOT Enhancement Fund Grant for right of ways and walkways and Ms. Claudia Waggoner is working with the Fire Department on the SAFER grant.
The Mayor presented a letter from Jackson County Utility Authority regarding the increase in wastewater treatment costs FY 2007 (Exhibit 8-b).
Mr. Brad Bradford gave an update of the Jackson County Utility Authority rules and regulations (Exhibit 8-c).
The Mayor presented a letter from MEMA/FEMA regarding the revision of flood maps (Exhibit 8-d).
Mr. Frank Burandt, Master Landscape Architect, presented a proposed site plan for the Fort Maurepas Park (Exhibit 8-e).
The Mayor reported on the status of the pier project and said that there is consideration of building a concrete pier for the Community Pier at the foot of Martin Avenue which would be able to withstand future storms. The estimated cost is $1.5 million dollars as opposed to a wooden pier which would cost $848,000.00. There is a pursuit of hazardous mitigation with FEMA and grant possibilities.
Motion was made by Alderman Denyer, seconded by Alderman Weaver and unanimously carried to have Alderman Dalgo serve as Mayor Pro Tempore on June 24 – 25, 2006 and July 26 – 28, 2006.
Motion was made by Alderman Dalgo, seconded by Alderman Weaver and unanimously carried to place a temporary 90 day moratorium to suspend activities under 406.2.3 of the Code of Ordinances.
Police
Deputy Chief George Mulvaney presented the request to hire four Correctional Officers at an annual salary of $23,000.00 (Exhibit 8-i). The Mayor said that this is a temporary solution and it is the recommendation of the Police Chief and the Risk Manager that it is imperative to improve the monitoring of the jail at this time. Motion was made by Alderman Dalgo and seconded by Alderman McDonnell to accept the request to hire four Correctional Officers at an annual salary of $23,000.00. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Fire
Chief Hare introduced Mr. Gerald Pickich who is working as the Fire Inspector under the Department of Labor grant.
Risk Manager/HR
Ms. McDonnell said that the update of the Comp Time/Overtime Policy has been written and will be e-mailed to the Board for review.
Motion was made by Alderman McDonnell, seconded by Alderman Weaver and unanimously carried to have Mr. Ueltschey from Mississippi Power do communications training at no charge to the City for employees that have contact with the public.
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to approve the reimbursement for a commercial drivers license for Mr. Josh Latch.
Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to give Ms. McDonnell blanket authority to reimburse for all job related commercial drivers licenses.
Ms. McDonnell reported that four investigators from the Department of Labor visited last week and considered our city as a model city for the Department of Labor grant. They are doing an audit of CPI Group and there is a hiring freeze of further Department of Labor grant employees while the audit is underway.
City Engineer
Mr. Kaufman said that bids were taken for the second time and only one bid was received for Hurricane Katrina repairs to Public Works buildings which was extremely high and he asks the Board to reject the bid. Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to reject the bid for Hurricane Katrina repairs to Public Works buildings (Exhibit 8-l).
Community Development & Planning
Mr. Scruggs presented the design guidelines update for review which will focus on the new construction, additions and major improvements to buildings, either commercial or multi family (Exhibit 8-m). This has been an ongoing process to ensure that the buildings that are placed along the main streets are being constructed in a manor that would be in the character of our community. The Planning Commission will take the guidelines under consideration.
Motion was made by Alderman McDonnell and seconded by Alderman Dalgo to adopt Ordinance No. 17-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI, BEING ORDINANCE NO. 13-1976, AS AMENDED, BY ADDING A FILING FEE FOR APPLICATION (Exhibit 8-n). 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 Absent
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Alderman McDonnell asked Mr. Scruggs to compare the fees we are charging to those of our neighboring cities since the Supreme Court has ruled against the impact fees.
ALDERMAN’S FORUM
The Mayor announced that she was invited by MDOT to go to Jackson to view the bridge designs and reported that they did incorporate a lot of our aesthetic considerations. She will go to a meeting on June 27, 2006 to look at the railing designs.
Alderman McDonnell requested that the Ocean Springs Seafood site be cleaned.
Alderman McDonnell said that the Poor Man’s Yacht Club which meets near the Harbor would like to build a pavilion and is requesting the City pledge funds of $2,500.00. They will also ask Jackson County Board of Supervisors for a pledge of $2,500.00 and to designate an area for the pavilion. City Attorney John Edwards said that this issue will require some findings to be made and if it is possible then a resolution should be prepared.
Alderman Denyer said that speeding on Government Street is very bad. Deputy Chief Mulvaney said that he will put the radar out in the area.
Alderman Denyer asked what the policy is to fill up a swimming pool. Chief Hare said that the Water Department will take a one hundred dollar bond and issue a meter to be applied to the nearest fire hydrant to fill the pool. Alderman Denyer complained that there are employees that do not seem to know the policy and are turning people away. Chief Hare said that he will ensure that all employees know the policy.
Alderman Dalgo said that there are contractors living in the City that are parking in front of houses with trailers that are taking up streets which forces cars to drive into oncoming traffic. Mr. Scruggs said these contractors should have a home occupancy license which does require that all equipment be stored in the back.
Alderman Hagan asked if we are charging building permit fees for repairs. Mr. Scruggs said that we are still under the Hurricane Katrina policy of not charging for repairs. Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to reinstate building permit fees as of August 29, 2006.
EXECUTIVE SESSION
Motion was made by Alderman Weaver, seconded by Alderman Dalgo and unanimously carried to go into closed session to determine the necessity of going into executive session.
The Deputy City Clerk returned to the meeting and announced that a motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss personnel, possible and current litigation.
Alderman Weaver returned to the meeting and announced that land acquisition is also being discussed.
A motion was made during Executive Session by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to terminate Mr. Greg Eleuterius as the Park and Leisure Director effective June 21, 2006
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman Weaver, seconded by Alderman Dalgo and unanimously carried to authorize the Mayor to negotiate to determine the willingness of the seller.
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize the City Attorney to respond to the Songy lawsuit vs. the City of Ocean Springs with the reply of no interest.
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to authorize the City Attorney to forgo reargument in the case of the City of Ocean Springs vs. the Homebuilders Association.
Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to adjourn until 6:00 p.m. on July 5, 2006.
