Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
RECESS MEETING OF MAY 6, 2009
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 May 6, 2009. Mayor Moran presiding, Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer, Dalgo and Hagan were present. Also present were City Clerk Shelly Ferguson and City Attorney John Edwards.
The Mayor gave the invocation and led the Pledge of Allegiance.
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to amend the agenda to add a presentation by Supervisor John McKay; move item 3 – Public Hearing to after item 5 – Old Business and remove item (6-c) from the agenda.
PRESENTATION
Supervisor John McKay presented the plans for the Harbormaster House. Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to endorse the County’s plans for the Harbormaster House and authorize the City Attorney to draft a resolution supporting this project.
PROCLAMATIONS
The Mayor read a proclamation declaring the week of May 17-23, 2009, as National Public Works Week.
The Mayor read a proclamation declaring the week of May 3-9, 2009, as Goodwill Industries International Week.
The Mayor read a proclamation declaring the week of May 3-9, 2009, as Children’s Mental Health Awareness Week.
OLD BUSINESS
Mr. Demery Grubbs, Financial Advisor, gave an update on the 2% tax levy and stated the bond issue closed today.
Motion was made by Alderman Lloyd and seconded by Alderman McDonnell to adopt Ordinance No. 2009-11 An Ordinance Establishing a Tax Exempt Program for the Central Business District of the City of Ocean Springs with changes (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 Voting Aye
Alderman Dalgo Voting Aye
Alderman Hagan Voting Aye
Mr. James Foster, Compton Engineering, Inc., presented a cost estimate for each section of the bike/pedestrian path for Halstead Road from Brumbaugh Road south to East Beach Drive, west along East Beach Drive to Holcomb Blvd. and north on Holcomb Blvd. to Davidson Road. Residents from East Beach, Gulf Coast Bike Club, Gulf Coast Running Club and residents from the surrounding area spoke with their concerns about the bike/pedestrian path. Motion was made by Alderman Weaver and seconded by Alderman Lloyd to authorize the City Attorney to research the legal issues of building a sidewalk on the south side of the road and authorize the City Engineer to obtain a cost estimate for concrete pathway from Weeks Bayou bridge to Halstead Road and determine the point where the money runs out. Motion carried with Aldermen Gill, McDonnell, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay (Exhibit 5-c).
Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to enforce the curfew ordinance and post the signs on same poles as the “No Parking” signs on East Beach Drive.
Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to authorize the City Attorney to draft an Ordinance to erect a 3-way stop sign on Holcomb and East Beach Drive.
Motion was made by McDonnell, seconded by Alderman Dalgo and unanimously carried to authorize Gulf Regional Planning Commission to conduct a study on the current speed limit on East Beach Drive including Shearwater Drive to determine if it should be lowered and make a recommendation concerning making East Beach Drive one-way to traffic.
Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to authorize to award bid to GT Development for the first phase of construction for the Public Safety Facility on Bienville Boulevard and approve contract pending review and approval by the City Attorney (Exhibit 5-d).
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to recess the meeting for 10 minutes.
PUBLIC HEARING
Motion was made by Alderman Denyer, seconded by Alderman Lloyd and unanimously carried to open the Public Hearing.
A Public Hearing was held to hear the appeal of the suspension of Coastal Towing, LLC.
Mr. Dustin Thomas, Attorney representing Coastal Towing, LLC and Mr. Ken Richey, spoke on behalf of his client concerning the Suspension Notification from the Ocean Springs Police Department dated April 15, 2009, advising them they would be suspended from the wrecker rotation list for 30 days effective May 6, 2009, 2400 hours due to an exorbitant tow fee charged. Mr. Thomas argued that an exorbitant fee was not charged and due process was not followed therefore, the suspension should be set aside.
Mr. Thomas said Coastal’s rates were in line with other rates such as those charged by the Mississippi Highway Patrol.
Mr. Lionel Cothern, Police Chief, explained the procedure for an individual to make a complaint if he feels he was charged an unjustly amount for a tow.
Ms. Sara Sloane, Attorney representing Lionel Cothern, Police Chief of Ocean Springs, spoke on behalf of her client and stated Coastal Towing, LLC charged an exorbitant fee for unchaining the car when a tow did not occur. Chief Cothern said Coastal’s simple tow rate was only $65.00. He got the information of the tow rate by a call to Coastal.
The location of the property lines for the subject property were not delineated but it was represented that the rights-of-way for Government Street were 59.5 feet at that property location. The rights-of-way for Desoto Avenue were 34 feet at that location.
Alderman Denyer asked if Costal Towing had a standing agreement with Mr. Richey to tow the cars Coastal determined to be in the “parking lot”. Coastal said “yes”.
Coastal’s agreement was with Mr. Richey. Coastal did not charge a fee to Mr. Richey for towing the vehicles at his request.
Mr. Kwitzky stated that people downtown look for available parking spaces near businesses.
Chris Kwitzky stated that the lot did not have a “no parking” sign on it.
It was stated by Mr. Thomas that the signs had been placed on the property but were removed by others.
Mr. Thomas said a sign should not be required, because then people would have to put no parking signs in the front yards of their residential homes.
Mr. Thomas stated that Mr. Kwitzky knew not to park there.
Chris Kwitzky stated that the tow vehicle did not tow his vehicle, just attached a chain to it.
Chris Kwitzky stated that the tow vehicle did not have posted rates visible. Coastal charged him $125.00 to be unhooked.
Mr. Kwitzky stated that he did not consent to the tow or contract with Coastal for a tow.
Mr. Lester Lala, witness to the incident of April 6, 2009, at Kwitsky’s-the Dugout, when Coastal Towing LLC was called to remove Mr. Kwitsky’s vehicle. Mr. Lala stated that Mr. Kwitsky had backed his truck up to unload propane tanks and was not parked on the private property of Mr. Richey.
Mr. Chris Kwitsky stated he wants to help Mr. Richey keep patrons from parking on his property. Mr. Kwitsky asked why the property is not signed better to keep someone from falling into what he feels is a trap.
Mr. Richey did not file a complaint against Mr. Kwitsky for a trespass.
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to close the public hearing.
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.
Motion was made by Alderman Gill, seconded by Alderman Lloyd and unanimously carried to remain in Executive Session to discuss potential litigation.
Motion was made by Alderman Dalgo, 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 Lloyd and unanimously carried to deny the appeal of Coastal Towing, LLC based on the facts presented at the Public Hearing.
Alderman Dalgo left the meeting.
NEW BUSINESS
Ms. Betty Magee presented gifts to the Mayor and Board of Aldermen on behalf of the Ocean Springs Museum of History fund raising event (Exhibit 6-d).
The Mayor temporarily left the meeting and the Mayor Pro Tem took control of the meeting.
Alderman Hagan presented a city-wide pay scale and Performance Appraisal Form. Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to authorize the Department Heads, Human Resource and Finance Committee to review and present recommendations.
The Mayor returns and assumes control of the meeting.
PUBLIC COMMENTS
Mr. Vincent Garriga stated he built a privacy fence on his property located at Ethel Circle and it is encroaching on the city right of way. He stated he would comply with moving the fence; apply for a variance and present a plan to the Planning Director and the Zoning and Adjustment Board.
NEW BUSINESS
Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to reallocate a contingency in the amount of $20,000.00 for Alice Street Tennis Court project from the 2% tax levy (Exhibit 6-b).
CONSENT AGENDA
Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to approve the Consent Agenda with the exception of item (f) which were pulled by Alderman Hagan; items (g), (n) and (o) which were pulled by Alderman Denyer and item (p) which was pulled by Alderman Lloyd.
Alderman Hagan pulled item (f) for the City Clerk. The City Clerk asked to add an invoice up to $120,000.00 for Bay South Ltd. for the City Hall Annex. Motion was made by Alderman Weaver, seconded by Alderman Hagan and unanimously carried to approve the Docket of Claims with the addition of an invoice up to $120,000.00 for Bay South Ltd (Exhibit 8-f).
Alderman Denyer pulled item (g) to allow Alderman Gill to abstain from the vote.
Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to approve invoices from Joe Gill Consulting, LLC in the amounts of $562.50 and $3,200.00. Alderman Gill abstained from the vote (Exhibit 8-g).
Alderman Denyer pulled items (n) and (o) to ask if the traffic lights would be far enough off the road to allow additional lanes to be built in the future. The Planning Director stated that was correct.
Motion was made by Alderman Denyer, seconded by Alderman Lloyd and unanimously carried to authorize the Mayor to execute Consultant Agreement with ABMB Engineers, Inc. in the amount of $28,000.00 for Government Street and Hanley Road and Government Street and Ocean Springs Road traffic safety project (Exhibit 8-n).
Motion was made by Alderman Denyer, seconded by Alderman Lloyd and unanimously carried to authorize the Mayor to execute any necessary documents required by MDOT during the LPA process for installation of traffic signals at the intersection of Government Street and Hanley Road and Government Street and Ocean Springs Road (Exhibit 8-o).
Alderman Lloyd pulled item (p). Motion was made by Alderman Weaver and seconded by Alderman Hagan to authorize the Mayor to execute Contract with Artisan Pyrotechnics, Inc. for the annual 4th of July fireworks show. Motion carried with Alderman Gill, McDonnell, Weaver, Denyer and Hagan voting aye and Alderman Lloyd voting nay (Exhibit 8-p).
DEPARTMENT REPORTS
.
Human Resources/Risk Manager:
The Human Resource Director announced a house closing was scheduled for the first City employee participating in the REACH Employee Assisted Housing Program.
Public Works:
Motion was made by Alderman Denyer, seconded by Alderman McDonnell and unanimously carried to authorize the use of equipment and an operator for the river clean-up at the Renew our Rivers event on Fort Bayou on May 15th from 8 am until 3 p.m. (Exhibit 9-b).
City Attorney
Motion was made by Alderman Hagan and seconded by Alderman Denyer to adopt Ordinance No. 2009-10 An Amendment to the Code of Ordinance, City of Ocean Springs, Requiring Stop Signs at the following intersections: Lovers Lane and Le Marin Court (Exhibit 9-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 Voting Aye
Alderman Dalgo Absent
Alderman Hagan Voting Aye
ALDERMEN’S FORUM
The Mayor announced the Groundbreaking ceremony for the Public Safety Center is scheduled for May 27th at 2:00 p.m.
The Mayor announced the dedication of the mosaic wall is scheduled for May 15th at 3:30 p.m. Motion was made by Alderman Lloyd, seconded by Alderman Weaver and unanimously carried to authorize up to $250.00 for refreshments for reception at the Yacht Club after the dedication.
Motion was made by Alderman Lloyd, seconded by Alderman Hagan and unanimously carried to accept a donation in the amount of $3,000.00 from HOSA for the irrigation system at Little Children’s Park.
Motion was made by Alderman Denyer, seconded by Alderman Lloyd and unanimously carried to accept a donation in the amount of $500 from HOSA for landscaping around the dedication area near the mosaic wall.
Alderman Gill asked the Mayor to send a letter to MDOT concerning paving Highway 90, the turning lanes and bays and the service drive.
Alderman McDonnell asked for a status of the wrecker service ordinance. The Police Chief advised the Ordinance will be on the June 3rd agenda.
Alderman Lloyd stated the sidewalks are blocked by newspaper stands on Washington Avenue near Al Fresco and would like to see area opened up. He also asked who gives permission to place the newspaper stands on the sidewalks. The Planning Director will research this matter.
EXECUTIVE SESSION
Motion was made by Alderman Denyer, seconded by Alderman Gill 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 Gill, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss litigation with a Contractor; litigation with a vendor and property acquisition.
Motion was made by Alderman Lloyd, seconded by Alderman Denyer and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to terminate the roofing contractor at the Civic Center.
Move was made by Alderman McDonnell, seconded by Alderman Hagan to authorize the City Attorney to pursue all remedies including court action to recoup damages associated with the purchase of the non-working trash pump.
Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to execute up to a 20 year lease with the Admiralty for public parking.
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to accept the resignation of school board member, John Brenke and appoint Michelle Smith for the remainder of his term.
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to recess until 6:00 p.m. on May 18, 2009, at the Mary C. O’Keefe Cultural Center.
Meeting ended at 11:25 p.m.
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City Clerk Mayor
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