Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
RECESS MEETING OF MARCH 20, 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 March 20, 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.
The Mayor gave the invocation and “We the People” from OSHS led the Pledge of Allegiance.
NEW BUSINESS
Christina Allen and Elizabeth Gutherz of the OSHS “We the People Team” reported that they have won the state championship competition and are fundraising to attend the national competition in Washington D.C. in one month (Exhibit 3-a). Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to contribute $2,000.00 to the “We the People Team” for their trip to Washington D.C. to compete in the national competition to advertise and promote the resources of the City of Ocean Springs and to amend the budget accordingly.
The Mayor removed item 6-a from the agenda and requested that item A-1a from the Addendum be addressed at this time by Supervisor John McKay. Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to address item A-1a from the Addendum.
Supervisor John McKay requested that the City enter into a Memorandum of Understanding to provide fire protection service to F&S Moving and Storage at Sunplex Park. The area falls under the Fountainbleu Volunteer Fire Department which is not manned at night. Mr. Gary Gollot is constructing the business, F&S Moving and Storage, at Sunplex and must have twenty four hour fire protection for a government contract. He will have a sprinkler system in the building and will pay any expenses incurred by the City when the Fire Department responds. Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to authorize the City Attorney, the Fire Chief, Mr. Gollott and the Statewide Fire Rating Commissioner Mr. Larry Carr to sit down and work out an agreement to provide fire service to F&S Moving & Storage at Sunplex Park to be brought back to the Board.
Supervisor McKay said that the Ocean Springs Road/Hospital project is finally nearing reality. The surveys are being done which will be followed by a final design of the intersection with construction slated to begin around the end of the year.
Supervisor McKay requested the Parks Director to have the lights fixed at Armory field which he said are in disrepair.
Captain Derek Hoppner said that the Police Officers Association has been reorganized to open up a line of communication between the Board of Aldermen and the Police Department (Exhibit 3-b). At this time, the City Attorney suggested that if any comments are going to be made regarding the selection of the new Police Chief and are directed toward specific individuals the Board should consider going into Closed Session in order to determine the need to go into Executive Session to hear that type of material which is a personnel issue. Alderman Hagan suggested finishing the new business, public comment and consent agenda portions of the meeting before going into Executive Session.
Ms. Pam Patano requested holding the 2nd Annual Rails to Shells 5K run to benefit the Leukemia & Lymphoma Society on April 21, 2006 in Ocean Springs (Exhibit 3-c). Motion was made by Alderman Dalgo and seconded by Alderman Hagan to support the 2nd Annual Rails to Shells 5K run on April 21, 2007. The Mayor said this is the same date as the Earth Day Cleanup and Alderman Dalgo asked if the event could be held the next weekend. Following further discussion, motion was withdrawn by Alderman Dalgo. Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to support the 2nd Annual Rails to Shells 5K run on April 28, 2007 and have Ms. Patano make arrangements with the Public Works Director and the Police Chief.
Mr. Russell Thompson requested that the City consider allowing the YMCA to lease the Armory subject to maintenance repairs (Exhibit 3-d). The Mayor said that she has received notification from the Army National Guard that the Armory will be turned over to the City in January 2008 and there are still some issues to be worked out. Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to instruct the Parks Director to obtain two estimates for the roof repair on the Armory by the next meeting.
Ms. Kathy Sweeney presented a request to remove the storm damaged home at 509 East Beach (Exhibit 3-e). The home belonged to her parents whom have both passed away since Hurricane Katrina. She wants to follow the wishes of her father to remove and recycle the home. Mr. Ken P’Pool with the Mississippi Archives and History Department explained that this home is one of the two most significant homes on the Mississippi Gulf Coast with the other being Beauvoir. It is a national treasure that was designed by Louis Sullivan and Frank Lloyd Wright. He implored the Board to uphold the decision of the Historic Preservation Commission to stay the demolition for 180 days so he can work with Ms. Sweeney to find a solution to save the house or find a buyer. Motion was made by Alderman McDonnell and seconded by Alderman Gill to grant a stay of up to 90 days with the understanding that the State and any other group will report to the Board every thirty days on the status and hear from Ms. Sweeney on the progress. Motion failed with Aldermen Gill, McDonnell and Dalgo voting aye and Aldermen Lloyd, Weaver, Denyer and Hagan voting nay. Motion was made by Alderman Weaver and seconded by Alderman Denyer to accept the recommendation of the Historic Planning Commission to stay the demolition for up to 180 days with the understanding that the State and any other group will report to the Board every thirty days on the status and hear from Ms. Sweeney on the progress. Motion carried with Aldermen Lloyd, Weaver, Denyer and Hagan voting aye and Aldermen Gill, McDonnell and Dalgo voting nay.
Mr. Jay Foster was not present to discuss his insurance idea (Exhibit 3-f).
Mr. David Painter presented a request to modify the tree application for CVS Pharmacy (Exhibit 3-g). Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to table the request for two weeks to allow the Assistant City Planner to meet with Mr. Painter to discuss options.
Mr. Jim Francis of Mississippi Mud Works urged the Board to revisit the Government Street closing for May Fest which he feels will have an adverse impact on his business (Exhibit 3-h). Mr. Will Murphy from South Coast Antiques suggested that the festival be held on Sunday when most of the businesses on Government Street will be closed. Alderman McDonnell assured the business owners that the street will be held open as long as possible. Alderman Hagan said he will talk to the organizers to discuss their plans and will report on the event at the next Board meeting.
PUBLIC COMMENT
Ms. Alice Duckett said that she wanted to clarify that any ROE that came in on a building 50 years or older was required by the federal government to be reviewed by the Historic Preservation Commission and the Mississippi Department of Archives and History. To expedite matters, a committee was set of three people that would go and review every property 50 years or older with an ROE. Their findings were given to the Public Works Director who turned them over to Lt. Col. Byrd who then sent them to the MS Department of Archives and History and then onto the federal review committee.
Mr. Bill Tash, Parktown resident, requested that the lighting be restored at Lemoyne Park on Groveland and the park hours be designated from dawn until 10:00 p.m. He presented a petition regarding the matter with over 200 signatures of residents. He also requested restoration of two basketball goals and an upgrade of the park. Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to make the petition part of the minutes (Exhibit 4-a).
Ms. Anne Burke said that several years there was a referendum and the citizens of Jackson County voted not to have gaming. She asked the Mayor if she went on record in support of gaming in Jackson County as reported in the newspaper. The Mayor replied that she would not support the casino unless the Choctaws would step up to the plate and contribute which are her personal feelings, she does not speak for the Board and they have not discussed the matter. Ms. Burke said the people should decide if the gamble is worth it. The Mayor said that Jackson County does intend to place the issue on the referendum. Motion was made by Alderman Denyer and seconded by Alderman Dalgo that the Board adopt a resolution of not supporting gaming in Jackson County. The Mayor said the policy is not to do motions during Audience Request. Motion was withdrawn by Alderman Denyer and will be addressed under Alderman’s Forum.
Mr. Doug Denehie said that he is a member of the Planning Commission and hates to see Assistant City Planner Angela Mohar leave the City because she has been a great asset.
Ms. Katie Yow said that she utilizes the Civic Center walking track daily and is strongly opposed to the track being covered with asphalt but would be in favor of a cushioned rubberized surface which would be easier on senior citizens.
CONSENT AGENDA
Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to approve the Consent Agenda with the exception of item (m) which was pulled by the Mayor, items (b) and (dd) which were pulled by Alderman Hagan, item (o) which was pulled by Alderman Lloyd and item (z) which was pulled by the City Attorney because it has all ready been addressed.
Alderman Hagan pulled item (b) and asked how many houses are completed in Mulberry subdivision and Alderman McDonnell said that there are three. The Public Works Director explained that there has been a misconception that there is a threshold of houses being completed in a development before the City takes responsibility for the streetlights but the ordinance states that it is the discretion of the Mayor as to when the City takes over the payment of the streetlights in a new subdivision. Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to authorize taking over payment of the Mississippi Power bill for the four streetlights in Mulberry subdivision with the concurrence of the Public Works Director. Alderman McDonnell abstained from the vote.
The Mayor pulled item (m) and said after conferring with the Civil Service Commission, she would like this position to be advertised in house for one week. Motion was made by Alderman Dalgo and seconded by Alderman Gill to authorize the upgrade of the Human Resources Clerk position to Human Resources Assistant with an hourly rate of $13.00 effective March 21, 2007 and advertise in house for one week. Alderman Hagan objected to posting the position in house for a week because it makes people believe there is an opportunity for this job which is all ready filled. The Mayor said that there is a job description and who ever meets the qualifications within the City is invited to apply. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Dalgo and Denyer voting aye and Alderman Hagan voting nay.
Alderman Lloyd pulled item (o) and asked the City Attorney if we have any recourse. The Public Works Director explained that the City bought the water rights ten years ago in East Ocean Springs from Mr. C.T. Switzer which included two wells and all distribution lines. It was recently discovered that one of the well sites was not owned by Mr. Switzer and therefore not included in the purchase price. The City Attorney said that there is no recourse. Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to authorize the placement of a well at the northeast corner of Gay-Lemon Field.
Alderman Hagan pulled item (dd) and recommended that the amended Park hours of operation be accepted with the change of Lemoyne Park from dawn to 10:00 p.m. Motion was made by Hagan, seconded by Alderman Dalgo and unanimously carried to authorize the Park hours of operation with the exception of Lemoyne Park which shall be from dawn to 10:00 p.m.
EXECUTIVE SESSION
Motion was made by Alderman Dalgo, 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 Dalgo, seconded by Alderman Denyer and unanimously carried to remain in executive session to hear the recommendation of the reorganized Police Association, discuss personnel issues in the Police Department and City Hall, land acquisition, current litigation and economic development in East Ocean Springs. This action was taken under Mayor Pro Tempore Weaver because the Mayor was not present.
Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to come out of executive session and return to regular session.
At this point, the Mayor left the meeting and Mayor Pro Tempore Weaver assumed control.
DEPARTMENT REPORTS
Mayor
Item 6-a was removed because the Mayor is still working with the candidate.
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to accept the resignation of Assistant City Planner Angela Mohar, effective April 6, 2007 with regrets (Exhibit 6-b).
Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to authorize the submission of application for the 2007 Youth Corps Program funds (Exhibit 6-c).
Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to authorize the City Attorney to work with the Friends of the Mary C. O’Keefe Cultural Center to modify the contract (Exhibit 6-d).
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to refer the status of the Youth Corps participants and budget to the Finance Committee for a recommendation on how to pay for the overrun this year and ensure that we do not incur and overrun next year (Exhibit 6-e).
Motion was made by Alderman Dalgo, seconded by Alderman McDonnell and unanimously carried to table the designation of a new location for the community pier to be in front of Fort Maurepas Park (Exhibit 6-f).
The Mayor Pro Tempore announced that the Mississippi Municipal League annual conference will be held in Biloxi on June 25 – 28, 2007 (Exhibit 6-g).
ADDENDUM – Mayor
The Mayor Pro Tempore reported that the USDA has obligated grant funds for equipment purchases (Exhibit A-2a). Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to allow the department heads to move forward putting the items to bid or purchase.
Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to table the proposed project by HOSA until the next board meeting (Exhibit A-2b).
The Mayor Pro Tempore made the following announcements: FEMA has made an additional allocation for Fort Maurepas in the amount of $363,660.00 for a total commitment of $977,497.00 (Exhibit A-2c), the certification has been received from the Mississippi Department of Environmental Quality for the city property off of Highway 57 for the recreational complex (Exhibit A-2d), the grant from the Economic Development Agency of the U.S. Department of Commerce for the design of a master plan for the front beach area has been awarded in the amount of $225,000.00 (Exhibit A-2e) and the first drawdown of $130,005.60 has been received for the Building Inspector grant (Exhibit A-2f).
Community Development & Planning
Motion was made by Alderman Lloyd and seconded by Alderman Gill to adopt Ordinance No. 12-2007 AN AMENDMENT TO THE CODE OF ORDINANCES REQUIRING STOP SIGNS AT THE FOLLOWING INTERSECTION: GENERAL PERSHING AVENUE AND CALHOUN, CALHOUN AND GENERAL PERSHING AVENUE (Exhibit 6-o). The motion passed with a roll call vote as follows:
Alderman Weaver Acting as Mayor Pro Tempore
Alderman Gill Voted Aye
Alderman McDonnell Voted Aye
Alderman Lloyd Voted Aye
Alderman Denyer Voted Aye
Alderman Dalgo Voted Aye
Alderman Hagan Voted Aye
Public Works
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize Public Works to proceed with opening up the Elephant Walk with steps (Exhibit 6-i).
City Engineer
Alderman Gill asked for the status of the specifications on the Fort Bayou ditch and Mr. Aaron Masters said that they are working on it.
Parks & Leisure Services
Parks Director Sean Campbell presented a proposal to asphalt the Civic Center walking track and build a soft track at Freedom Field using the existing mulch from the civic center (Exhibit 6-l). The Mayor Pro Tempore explained that she discussed the issue with the Parks Director and he suggests installing the asphalt at the Civic Center track which could be the first layer of a rubberized surface if it is able to be funded next year. Motion was made by Alderman Hagan and seconded by Alderman Gill to lay asphalt on the walking track at the Civic Center. Motion carried with Aldermen Gill, McDonnell, Denyer and Hagan voting aye and Aldermen Lloyd and Dalgo voting nay.
Facilities
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to authorize the creation of a full time position for the rental facilities subject to the Mary C. O’Keefe Center contract being modified (Exhibit 6-m).
Motion was made by Alderman Dalgo and seconded by Alderman Gill to table the request for proposed changes to rental fee schedules for the Civic Center, Community Center and the Senior Citizens Center. Motion carried with Aldermen
Gill, McDonnell, Lloyd, Dalgo and Denyer voting aye and Alderman Hagan voting nay.
ALDERMAN’S FORUM
Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to allow Parktown Civic Association to utilize Lemoyne Park on April 21, 2007 for a yard sale.
Alderman Hagan reported that Highland Trailer Park will be putting down speed bumps.
Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to adopt a resolution announcing the Ocean Springs Board of Aldermen position against casino gaming in Ocean Springs and Jackson County and also endorse a timely vote for the non binding referendum concerning casino gaming in Jackson County (Exhibit 7-b).
Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to contribute $1,500.00 each from Ward I Capital Improvement Fund and Ward II Capital Improvement Fund to purchase two security lights for the east and west entrances of the Mary C. O’Keefe Cultural Center.
Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to adjourn until 6:00 p.m. on April 3, 2007.



