Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
REGULAR MEETING OF MAY 1, 2007
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 May 1, 2007. Mayor Moran presiding, Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Hagan were present. Also present were City Attorney John Edwards and City Clerk Adrienne Howell. Alderman Dalgo was absent.
Alderman Denyer gave the invocation and the Mayor led the Pledge of Allegiance.
PROCLAMATIONS
Mayor Moran read a proclamation declaring the week of May 20-26, 2007 as National Public Works Week (Exhibit 3-a), a proclamation declaring the week of May 6-12, 2007 as Building Safety Code Week (Exhibit 3-b) and a proclamation declaring May 1, 2007 as Delta Sanitation Day (Exhibit 3-c) .
PRESENTATIONS
Mayor Moran presented pictures from the Earth Day Celebration which was held April 21, 2007 (Exhibit 4-a).
Mr. Jack Oppie with the Accounting Firm of Wolf, McDuff and Oppie presented the 2004-2005 Audit Report (Exhibit 4-b). Motion was made by Alderman Lloyd, seconded by Alderman Gill and unanimously carried to accept the audit report and make it available for citizens to view.
OLD BUSINESS
Ms. Jody Harris presented an appeal for the Harbor Landing project (Exhibit 5-a). Motion was made by Alderman McDonnell and seconded by Alderman Gill to open public comment regarding the Harris project. Motion carried with Aldermen
Gill, McDonnell, Weaver, Denyer and Hagan voting aye and Alderman Lloyd voting nay.
Mr. Paul Barber, representative of Friends of the Ocean Springs Harbor, passed out a written statement and explained that the group opposes the application for a restaurant in the Harbor. Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to enter the statement into the minutes (Exhibit 5-d).
Mr. Jerry Plaskett lives in Ward 2 and welcomes the project.
Mr. Matt Caldwell of LSI Marine said the Harris project will provide a service to the public.
Mr. Bruce Duckett, 1406 Hellmers Lane, said that if the deli is open to the public and not just boaters, it is a restaurant which causes concerns to the neighbors and if there are to be more commercial projects in the Harbor the ordinance should be changed.
Mr. Dale Claussen, speaking on behalf of the Harbor Commission, said they are concerned about the parking situation in the Harbor and encroachment. The Harris family will have to police their customers to park in their parking places.
Ms. Alice Martin owns the adjacent property and said that she believes some of the proposed parking is not feasible.
Ms. Anne Burke said the Zoning Ordinance does not allow restaurants in that zone.
Mr. Don Abrams said he was denied a permit in 2001 due to a Tidelands issue and is frustrated by the difficulty of finding factual information regarding a Tidelands lease in the Harbor.
Mr. Jim Fox said that the Harris family will not be able to limit who comes into the restaurant which will bring in more people for a better place to live.
Ms. Amanda Kennerly, who lives adjacent to the area, read a letter which said that the parking is very congested at the present time and drawing in more customers will only make it worse. Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to enter the letter into the minutes (Exhibit 5-e).
Motion was made by Alderman McDonnell and seconded by Alderman Denyer that the Board of Aldermen make the following finding of fact: 1) that Harbor Landing will provide food and beverage to the boating public that use the Harbor, 2) recognize that traffic congestion exists at the Harbor and requires that Harbor Landing will designate and mark the parking spaces and provide security from May 1st to September 15th for traffic, parking control for the designated parking during Saturdays, Sundays and holidays along with designated signage indicating parking is allowed for their guests on their property, 3) recognize that the neighborhood surrounding the Harbor could be adversely affected by the loud noise, rowdy behavior and late night hours of operation, therefore, we require that Harbor Landing operate from sunup to sundown and follow all noise ordinances established by the City of Ocean Springs, 4) that the documents submitted by Harbor Landing will be included as part of a specific agreement that will be adhered to and enforced as a condition of occupancy and 5) that if the use changes and that food and beverage is sold not primarily to the boating public and the other specified agreed upon stipulations are not met, the City of Ocean Springs can revoke the permit more specifically outlined in Exhibit 5-f. Motion carried with Aldermen Gill, McDonnell, Lloyd, Denyer and Hagan voting aye and Alderman Weaver voting nay.
The Mayor opened up public comment on the issue of revisions to the Waterview Preservation District Ordinance (Exhibit 5-b).
Mr. Bruce Duckett said the intention of the 1995 Waterview Ordinance was to keep buildings below the tree line which is fifty feet.
Restrictions and limitations on Single Family were discussed. Motion was made by Alderman Gill that no part of a single family structure located in the Waterview Preservation District shall be built to exceed 40 feet above grade plane with zero variance. Following discussion, motion was withdrawn by Alderman Gill.
Motion was made by Alderman McDonnell and seconded by Alderman Hagan that no part of a single family structure located in the Waterview Preservation District shall be built to exceed 40 feet above Design Flood Elevation (DFE) or grade plane which ever is higher to the midpoint of the gable with no variance. Motion carried with Aldermen McDonnell, Weaver and Hagan voting aye, Aldermen Gill, Lloyd and Denyer voting nay and Mayor Moran voting aye and breaking the tie.
Restrictions and limitations on Multi Family were discussed. Motion was made by Alderman Lloyd that no part of a multi family structure located in the Waterview Preservation District shall be built to exceed 35 feet. Motion died for lack of a second.
Motion was made by Alderman McDonnell and seconded by Alderman Denyer that no part of a multi family structure located in the Waterview Preservation District shall be built to exceed 50 feet above Design Flood Elevation (DFE) or grade plane which ever is higher to the midpoint of the gable. Motion failed with Aldermen McDonnell and Hagan voting aye, Aldermen Gill, Lloyd, Weaver and Denyer voting nay.
Motion was made by Alderman Weaver and seconded by Alderman Gill that no part of a multi family structure located in the Waterview Preservation District shall be built to exceed 50 feet above grade plane to the midpoint of the gable. Motion carried with Aldermen Gill, Lloyd, Weaver and Denyer voting aye and Aldermen McDonnell and Hagan voting nay.
Decorative elements on commercial and multi family were discussed. Motion was made by Alderman Lloyd and seconded by Alderman Weaver that no flat roofs are allowed in the Waterview Preservation District on commercial buildings or apartments. Motion failed with Alderman Gill and Lloyd voting aye and Aldermen McDonnell, Weaver, Denyer and Hagan voting nay.
Motion was made by Alderman Gill and seconded by Alderman Weaver that if a roof is flat on a commercial or multi family structure in the Waterview Preservation District, a parapet is required up to eight feet. Motion failed with Alderman Gill and Weaver voting aye and Aldermen McDonnell, Lloyd, Denyer and Hagan voting nay.
Motion was made by Alderman Denyer and seconded by Alderman Gill to allow multi family in the Waterview Preservation District a height of 50 feet with a parapet not to exceed 20% of the perimeter roof area up to eight feet. Following discussion, motion was withdrawn by Alderman Denyer and second was withdrawn by Alderman Gill.
Motion was made by Alderman Weaver, seconded by Alderman McDonnell and unanimously carried not to speak to decorative elements but to add chimneys, elevators, poles, tanks, towers, air conditioners, vents, flues, and other mechanical appurtenances shall be screened from public view by a pitched roof or other decorative element with no additional height.
Motion was made by Alderman Denyer and seconded by Alderman Gill that no multi level automobile or vehicle parking nor storage facility be allowed within the Waterview Preservation District. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Denyer voting aye and Alderman Hagan voting aye. The Mayor attempted to exercise her right to veto but the City Attorney said that the vote is to maintain the status quo not for a change which would be required for a veto.
Motion was made by Alderman Weaver and seconded by Alderman Lloyd that a multi family structure located in the Waterview Preservation District shall not be built to exceed 50 feet or four stories. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver and Denyer voting aye and Alderman Hagan voting nay.
Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to change the wording in paragraph e of the Waterview Ordinance from ‘flat roof’ to ‘flat or nearly flat roof’.
Motion was made by Alderman McDonnell and seconded by Alderman Hagan to repeal the Waterview Enhancement Fund element of a fifth story in a multi family structure from the Waterview Ordinance. 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 Absent
Alderman Hagan Voted Aye
Motion was made by Alderman Denyer and seconded by Alderman Hagan to adopt Ordinance No. 16-2007 AN AMENDMENT TO ORDINANCES #7-2006, #3-1995 and #13-1976, THE COMPREHENSIVE ZONING ORDINANCE OF 1976 AND 1995 OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI. BY AMENDING SAID ORDINANCE TO PROVIDE A WATERVIEW PRESERVATION DISTRICT USE REGULATIONS. THE PURPOSE OF WHICH SHALL BE TO PRESERVE THE AESTHETICS AND THE PUBLIC VIEW OF THE WATERFRONT SHORELINE OF OCEAN SPRINGS; TO CONTROL DENSITY AND OVERCROWDING OF LAND USE; TO LESSEN CONGESTION IN THE PUBLIC THOROUGHFARES AND TO FACILITATE AND ENSURE ADEQUATE PROVISIONS OF UNOBSTRUCTED AND UNENCUMBERED TRANSPORTATION ACCESS; WATER AND SEWAGE AND RELATED PUBLIC REQUIREMENTS; TO PROVIDE AND ENSURE ADEQUATE LIGHT AND AIR; AND TO PRESERVE THE HARMONY AND SYMMETRY OF THE SHOREFRONT AND SKYLINE BY CREATING AN OVERLAY DISTRICT ALONG THE MISSISSIPPI SOUND, BAY OF BILOXI AND OTHER SPECIFIED SHORELINES OF TH CITY LIMITS OF OCEAN SPRINGS, MISSISSIPPI (Exhibit 5-b). 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 Absent
Alderman Hagan Voted Aye
Motion was made by Alderman Denyer and seconded by Alderman Hagan to adopt Ordinance No. 14-2007 AN AMENDMENT TO CHAPTER 15 OF THE OCEAN SPRINGS CODE OF ORDINANCES PROVIDING FOR THE PROHIBITION OF UNREASONABLY LOUD NOISE (Exhibit 5-c). 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 Absent
Alderman Hagan Voted Nay
NEW BUSINESS
Mr. Joe Chism presented a petition signed by 51 neighbors objecting to the special use permit request for 1128-B Vermont Avenue. Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to spread the petition upon the minutes (Exhibit 6-a). Motion was made by Alderman Gill and seconded by Alderman Lloyd to deny the special use permit at 1128-B Vermont Avenue. Motion carried with Aldermen Gill, McDonnell, Lloyd and Weaver voting aye and Aldermen Denyer and Hagan voting nay.
PUBLIC COMMENT
Mr. Eric Zala asked if the Exclusion Corridor of the Waterview Preservation Ordinance was approved. The Mayor said that it was left as it was and not expanded. He requested that the Board consider defining variances for multi family in the Waterview Preservation Ordinance.
Ms. Courtney Blossman commended everyone for the hard work on the Waterview Preservation Ordinance.
Mr. Mark Spicer with the American Cancer Society thanked everyone for the help with the Relay for Life which raised $58,000.00.
Mr. Doug Denehie explained that the Durvernay request for a special use at 1128-B Vermont Avenue was clearly a special use because of the way the property is split out into separate lots.
The Mayor said the City is still working out insurance issues and is facing large increases in the amount of insurance coverage and would like to ask for a Finance Committee meeting to discuss this issue. In particular, just the wind coverage alone is going to increase over $64,000.00. Insurance for homeowners and commercial businesses are being hard hit. She asked the Board to create an ad hoc fact finding committee with the goal of surveying the residents, businesses, schools, other public entities and the Chamber of Commerce to find out how people are being impacted by the punitive increases in insurance. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to create an ad hoc fact finding committee to research insurance and what the City can do by ordinance to encourage better insurance rates. Mayor Moran, Aldermen McDonnell, Gill, Denyer and Hagan will serve on the committee.
CONSENT AGENDA
Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda with the exception of items (a) and (j) which were pulled by the Mayor, item (l) which was pulled by Alderman Hagan and item (o) which was pulled by Alderman McDonnell.
Mayor Moran introduced Mr. Eric Meyer and requested authorization to hire him as the new Director of Community Development and Planning. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the employment of Mr. Eric Meyer as the Director of Community Development and Planning, annual salary $55,000.00, effective May 2, 2007 (Exhibit 8-a).
Mayor Moran pulled item (j) and asked that some wording be added to the contract with the Friends of the Mary C. O’Keefe Cultural Center. Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to execute the management agreement with the Friends of the Mary C. O’Keefe Cultural Center and add the word ‘rental’ in the first sentence of section 3.5 (D).
Alderman Hagan pulled item (l) and objected to the expense of an automated timecard system and does not feel that Police Officers should have to use a time clock. Interim Police Chief Lionel Cothern said that time cards are required for several grants and FEMA. The automated timecard system will be paid for by the building grant. Eventually the system will be implemented throughout all City departments. Motion was made by Alderman McDonnell and seconded by Alderman Denyer to accept the bid and authorize the purchase of a fingerprint time and attendance system from Time Clock Plus in the amount of $34,210.41 to be paid by the building grant. Motion carried with Aldermen Gill, McDonnell, Lloyd and Weaver voting aye and Aldermen Denyer and Hagan voting nay.
Alderman McDonnell pulled item (o) and asked that the bids for the street sweeper be reviewed by the Board of Aldermen. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the City Clerk to advertise for bids for a street sweeper.
DEPARTMENT REPORTS
Mayor
Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to accept the notification of agreement from the Ocean Springs School Superintendent to enter their property and/or right of way for the purpose of planting trees on the grounds of all facilities of the Ocean Springs School District and include the letter in the minutes (Exhibit 9-a).
Community Development & Planning
Chief Building Official Greg Wilson presented an ordinance that will require permits for land work on residential property. Motion was made by Alderman Denyer and seconded by Alderman Hagan to adopt Ordinance No. 15-2007 AN AMENDMENT TO ORDINANCE NO. 9 -1988 GOVERNING AND CONTROLLING LANDFILL, GRADING, CONTOURING, SLOPING AND CLEARING ON INDUSTRIAL AND COMMERCIAL PROPERTY WITHIN THE CITY OF OCEAN SPRINGS, MISSISSIPPI AND REQUIRING PERMITS THEREFOR AND PROVIDING PENALTIES FOR ITS VIOLATION (Exhibit 5-c). 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 Absent
Alderman Hagan Voted Aye
Parks & Leisure Services
Parks & Leisure Services Director Sean Campbell presented a capital improvements status report on major projects (Exhibit 9-c). He also announced that the first meeting of the 2% Tax Committee will be held May 3, 2007 at 6:00 p.m.
City Attorney
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to accept a temporary easement in Fort Bayou Estates to work on a ditch (Exhibit 9-d).
ALDERMAN’S FORUM
Alderman Gill asked that No Parking signs be placed near Fort Bayou Children’s Park on Nottingham and the speed limit be reduced. The Interim Police Chief explained that homeowners would not be allowed to park in front of their home. Motion was made by Alderman Gill, seconded by Alderman Hagan and unanimously carried to authorize the City Attorney to draft an ordinance to reduce the speed limit to 20mph in a two block radius of Fort Bayou Children’s Park.
Alderman McDonnell said that a room has been set aside in the Mary C. O’Keefe Cultural Center for a city museum and the Board should revisit who is on the Museum Commission currently or if their terms have expired and appointments are necessary. Motion was made by Alderman McDonnell, seconded by Alderman Lloyd and unanimously carried to request the Mayor to bring a listing of members of the Museum Commission to the next board meeting and request the plans for the City Museum prior to them being adopted and implemented.
Alderman Denyer said that training the new drug dog for tracking has been proposed which will cost a total of $3,500.00. The Interim Police Chief said the city could benefit from tracking and that the Ocean Springs Middle School raised $1,700.00 for this purpose from a dance. Motion was made by Alderman McDonnell and seconded by Alderman Denyer to accept a $1,700.00 donation from the Ocean Springs Middle School and a $500.00 donation from Delta Sanitation to go toward training and teaching tracking techniques to the police drug dog; to authorize a budget amendment to increase the revenue account by $2,300.00 for the donations; and to take $500.00 from Ward II and Ward IV Capital Improvement accounts for a total budget amendment of $3,200.00 to the Police Department expense account for the purpose of additional training for the dog. Motion carried with Aldermen Gill, McDonnell, Lloyd, Denyer and Hagan voting aye and Alderman Weaver voting nay.
EXECUTIVE SESSION
Motion was made by Alderman Gill, 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 Gill and unanimously carried to remain in executive session to discuss potential litigation.
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to authorize the Mayor or City Clerk to sign the Alcohol Permit for downtown Ocean Springs for the May Fest to be held Saturday, May 5, 2007.
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to recess until 6:00 p.m. on May 15, 2007.
