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 October 17, 2006. Mayor Moran presiding, Aldermen Gill, Lloyd, Weaver, Denyer, Dalgo and Hagan were present. Also present were City Attorney John Edwards and City Clerk Adrienne Howell. Alderman McDonnell was absent.
Mayor Moran gave the invocation and led the Pledge of Allegiance.
PROCLAMATION
Mayor Moran read a proclamation declaring the month of October 2006 as Manufactured Housing Month (Exhibit 3-b). Motion was made by Alderman Denyer, seconded by Alderman Lloyd and unanimously carried to accept the proclamation.
PRESENTATION
Mayor Moran gave an overview of the sequence of events for the Ocean Pointe Condominium project.
NEW BUSINESS
William Descher (Exhibit 4-a), Kelly Singleton (Exhibit 4-b) and Paul Wilson (Exhibit 4-c) were not present.
PUBLIC COMMENT
Ms. Diane Caruthers thanked the Board for taking the time to revisit the Magnolia tree on Lovers Lane.
Dr. John Godsey said that the residents of Martin Avenue will be greatly affected by the elevation of the Ocean Pointe Condominiums and complained about the lack of prior notice to the neighbors.
Mr. Robert Barq said that he has known and respected the Brumfield family for forty years; they are honorable people and do what they say. He urges the Board to do what is right, grant the permit and get the project off the ground.
Mr. Skip Baxter, 245 Front Beach, is the immediate neighbor of the Ocean Pointe project and said that he attended the preliminary meetings with the developers and supports the project. He feels that the condominium project is preferable to the apartment complex that was at that site previously.
Ms. Diane Caruthers wondered if a Planned Unit Development (PUD), which is the designation for the Ocean Pointe project, can bypass all zoning requirements without any notice to the public. The Mayor explained that the PUD in our ordinance does require that the density remain the same as the previous zoning, the use to be the same and the peripheral setbacks to be the same. The developer had to request a waiver of the other stipulations which are the twelve units per structure, the space between the buildings and the height issue.
Mr. Henry Laird, attorney for the Concerned Citizens, requested a copy of the presentation the Mayor gave regarding the Ocean Pointe project. He complained that nowhere in the presentation was there any reference to a public hearing regarding the zoning of the project and in his opinion, the Waterview Enhancement fee that the developers of the project have agreed to pay is a requirement and an impact fee.
Mr. Robert Schwartz, attorney representing Front Beach Condominium Developments, thanked the Mayor for the presentation and said that it is evident that the developers have gone through each and every step that has been requested of the Planning Commission and the Board of Aldermen. They have obtained all of the necessary approvals and there is no reason that a building permit should not be issued. The Waterview Enhancement payment is voluntary and the developers have agreed to participate. It is not an impact fee and they would not challenge the validity of the payment as an impact fee. Additionally, the PUD designation grants the authority for the Planning Commission and the Board of Aldermen to have made the variances that were required and have been approved on numerous occasions. His clients ask that they be treated fairly and their permits be issued as they have expended a great deal of time and money in this project and are ready to move forward with their construction. There is no valid reason for any further stays of this project.
Mr. Rodney Brock lives close to the development and said that Ocean Pointe will not enhance the City of Ocean Springs.
Ms. Carol Jones appealed to the Board to ensure that the ordinances are followed.
Ms. Shirley Godsey requested that the Board look at other sites developed by Mr. Brumfield and complained that her home in Gulfport was damaged by a neighboring condominium development which he built.
Mr. Bruce Duckett said that the original intent of the Waterview Ordinance was that no building would penetrate the tree line which is around fifty feet above the ground. He feels that Ocean Pointe will be an eighty-five foot high big hotel.
Ms. Pat Sutherland, with the Department of Commerce, has moved to the Coast and is setting up a center for Smart Growth. She would like Ocean Pointe to have a village effect and feels that it is too tall.
Mr. Lee Brumfield, Front Beach Development, said the Board should keep their word and commitments, the developers have spent over two million dollars on the project thus far and thanked the Board in advance for not issuing any more stays.
Mr. Carl King asked the Board to allow the Ocean Pointe project to move forward.
Mr. Charlie Carr said that the Ocean Pointe project looks much better than what was at that property previously.
Mr. Herman Neese, Front Beach Development, thanked the Mayor for the presentation and reminded the Board that there has been no change in the density of the project and no change in the serpentine shape since the original submission. There were up to forty people at some of the neighborhood meetings that were supportive and wanted the apartment complex to be gone. The developers have invested more than nine million dollars overall in the project and it is costing them money every day that the permit is not issued. He asks the Board to do the right thing, issue the permit and let them build the property.
CONSENT AGENDA
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to approve the Consent Agenda with the exception of item (b) which was pulled by Alderman Hagan and items (p) and (z) which were pulled by Alderman Weaver.
Alderman Hagan pulled item (b) and asked about the payment to Laura Tolar in the amount of $1,425.00 for a design fee for Cruising the Coast. The Mayor explained that it was for a pamphlet which the county paid for the printing and the City paid for the content and design. Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to approve payment of the Docket of Claims.
Alderman Weaver pulled item (p) and wanted everyone to know that this request is for preliminary plat for the Bienville Commons property and if approved the project will go forward. Alderman Lloyd said that he would like to visit with the two Planning Commission members that voted against the project and the Planning Commission as a whole and do some further research. Alderman Weaver suggested that a work session be held with the Planning Commission. Motion was made by Alderman Weaver and seconded by Alderman Gill to hold a work session between the Board of Aldermen and City Planner before the next meeting to discuss the project and the Planning Commission is welcome to attend. Motion carried with Aldermen Gill, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Alderman Weaver pulled item (z) and asked for the location of 1011 LaFontaine and Mr. Scruggs explained that it is across from the Weldon property. Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to approve item (z) to accept the Zoning and Adjustment Boards recommendation to allow a variance at 1011 LaFontaine.
DEPARTMENT REPORTS
Mayor
The Mayor’s veto dated October 11, 2006 for the Del Castle demolition permit was made of record and is attached hereto (Exhibit 7-a). Motion was made by Alderman Hagan and seconded by Alderman Lloyd to override the Mayor’s veto of the Del Castle demolition permit. The motion failed with Aldermen Gill, Lloyd, Weaver and Hagan voting aye and Aldermen Denyer and Dalgo voting nay. The City Attorney explained that two thirds of the Board members which would be five must vote aye to override the veto.
Motion was made by Alderman Gill, seconded by Alderman Weaver and unanimously carried to authorize the waiver of rental fee of the Community Center on March 3, 2007 for the Marine and Estuarine Graduate Student Association banquet to promote the benefits of the City (Exhibit 7-b).
Motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to authorize the Mayor to sign a contract with Tara Skelton for professional services as the Public Information Officer as needed for approximately 40 hours per month at an hourly rate of $25.00 (Exhibit 7-c).
Motion was made by Alderman Dalgo and seconded by Alderman Lloyd to authorize the employment of a full time Grant Writer/Administrator, salary range $34,000.00 – $37,000.00. Motion carried with Aldermen Gill, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay. Motion was made by Alderman Weaver, seconded by Alderman Gill and unanimously carried to authorize to advertise for the Grant Writer position in house and outside.
The Mayor said that MDOT has informed her that a formal request must be made to replace the Vietnam Memorial signage on I-10 (Exhibit 7-e). Motion was made by Alderman Dalgo, seconded by Alderman Lloyd and unanimously carried to request MDOT to replace the Vietnam Memorial signage on I-10.
The Mayor presented a listing of grants submitted to USDA (Exhibit 7-f).
The Mayor presented a letter of appreciate from Bobby Hayes, MS State Commander of WWII Submarine Veterans (Exhibit 7-g).
The Mayor presented the minutes from the Local Redevelopment Planning Authority (Exhibit 7-h) and said the Pascagoula Naval Station will transfer hands from the U.S. Navy to the State on November 16, 2006.
City Clerk
The City Clerk explained that Delta Sanitation has been receiving numerous calls about the rental or sale of garbage carts (Exhibit A-2a). Delta Sanitation does not want to get in the business of selling garbage carts but has proposed that garbage carts will be available for a rental fee of $5.00 a month to be collected by the City with $4.00 going to them and a $1.00 administrative fee to go to the City. Motion was made by Alderman Denyer and seconded by Alderman Gill to approach Delta Sanitation for the option of the rental or sale of garbage carts. Motion carried with Aldermen Gill, Lloyd, Weaver, Denyer and Dalgo voting aye and Alderman Hagan voting nay.
Risk Manager/HR
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to authorize Compton Engineering to either proceed with the bid process or to obtain quotes for repairs to the Champ Gay fire station roof (Exhibit A-1a).
Public Works
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to approve removing dead trees on private property in the designated surge areas. The City Clerk explained that FEMA will determine which trees qualify for removal (Exhibit 7-i).
Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to provide the road paving list to Jackson County Road Department and add Cabildo Avenue (Exhibit 7-n).
Community Development & Planning
Mr. Scruggs suggested that due to recent objections the Board may want to make a finding of fact as to whether condominiums should be allowed in R-1A which has previously been approved by the Planning Commission and Board of Aldermen (Exhibit 7-j). Motion was made by Alderman Lloyd and seconded by Alderman Weaver to make a finding of fact to allow condominiums in R-1A. Aldermen Hagan and Gill suggested continuing as we are. Motion was withdrawn by Alderman Lloyd. Motion was made by Alderman Weaver and seconded by Alderman Dalgo to send the issue as to whether condominiums should be allowed in R-1A to the Planning Commission for clarification and review. Motion failed with Aldermen Weaver and Dalgo voting aye and Aldermen Gill, Lloyd, Denyer and Hagan voting nay.
Mr. Scruggs presented an appeal of the Camellia Point Condominiums denial from the Planning Commission (Exhibit 7-k). Mr. Dennis Cowart, Architect for the project, requested that the denial be tabled at this time. Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to table the denial.
Motion was made by Alderman Weaver and seconded by Alderman Denyer to authorize advertising for an Assistant City Planner. Motion carried with Aldermen
Gill, Lloyd, Weaver and Denyer voting aye and Aldermen Dalgo and Hagan voting nay.
Parks & Leisure Services
Mr. Campbell presented an update of recent activities in his department (Exhibit 7-m).
City Attorney
Motion was made by Alderman Dalgo and seconded by Alderman Denyer to give contingent approval to authorize the Mayor to sign the MDOT Utility Relocation Agreement for the Biloxi-Ocean Springs Bridge once the City Attorney, the Public Works Director and MDOT have worked out an agreement that is satisfactory.
ALDERMAN’S FORUM
Alderman Hagan asked if the Impact Fee order had been given and if the checks have been released. Mr. Edwards said that he received it on Friday and the checks will be mailed soon.
Alderman Denyer asked Mr. Edwards to have the easement on LaBranche ready by the next meeting.
Alderman Lloyd said that he needs an Executive Session regarding land acquisition.
Alderman Gill thanked the Public Works Department for their work on the Fort Bayou Children’s Park.
Alderman Gill asked Mr. Edwards if the Attorney General’s opinion has been received on the Waterview Enhancement program. Mr. Edwards said that he is working on the letter of request.
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 City Clerk returned to the meeting and announced that a motion was made by Alderman Weaver, seconded by Alderman Denyer and unanimously carried to remain in executive session to discuss land acquisition, personnel in the Human Resources Department, potential litigation and an appeal able decision regarding Camellia Point Condominiums.
Motion was made by Alderman Dalgo, seconded by Alderman Denyer and unanimously carried to come out of executive session and return to regular session.
Motion was made by Alderman Weaver, seconded by Alderman Gill and unanimously carried to accept the Mayor’s presentation on Ocean Pointe Condominiums which answers the questions of the Board.
Motion was made by Alderman Dalgo, seconded by Alderman Gill and unanimously carried to adjourn until 6:00 p.m. on November 7, 2006.
