Aldermen Minutes

MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS

RECESS MEETING OF SEPTEMBER 20, 2011        

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 September 20, 2011.  Mayor Pro Tem Gill presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer, Dalgo and Hagan were present.  Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.  Mayor Moran was absent.

Alderman Cody gave the invocation and the Mayor Pro Tem led the Pledge of Allegiance.

PROCLAMATION

The presentation of the “Walk to School Day” Proclamation was postponed until October 4, 2011.

PUBLIC HEARINGS

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to open the Public Hearing on the property located at 8210 Groveland Road.

The Building Official stated the house is vacant and the yard is overgrown with grass, weeds, and other debris.   Prior to the public hearing, notices were posted on the property; notice was sent to the last known address; posted on the bulletin board at City Hall and published in the City publication of record.  The Building Official presented pictures showing the condition of the property to the Board for the record.  The property owner was not present at the public hearing.

Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to close the Public Hearing on the property located at 8210 Groveland Road. 

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to accept the recommendation of the Building Official and find the property at 8210 Groveland Road in such a state of uncleanliness so as to be a menace to public health and safety based on the matters presented and authorize to begin the lot cleaning (Exhibit 4-a).

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to open the Public Hearing on the property located at 331 Mincheck Road.

The Building Official stated the house has been abandoned for 3-4 years.  The grass has been cut.  It appears there was an addition started on the house but it has been abandoned.  The house is not secure and contains debris that is considered a fire hazard. There is garbage and trash throughout the interior of the house.  Two weeks prior to the public hearing, notices were posted on the property; notice was sent to the last known address; posted on the bulletin board at City Hall and published in the City publication of record.  The Building Official presented pictures showing the condition of the property to the Board for the record. 

The Building Official stated he spoke to the person who has the tax deed interest in the property.  He had the grass cut and he advised he was in the process of hiring someone to clean out the interior of the house. 

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to close the Public Hearing on the property located at 331 Mincheck Road.   

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to accept the recommendation of the Building Official and find the property at 331 Mincheck Road in such a state of uncleanliness so as to be a menace to public health and safety based on the matters presented and authorize an additional 20 days before the lot cleaning begins.  If after 20 days the building has not been secured, the City will do so to prevent vagrancy and potential fire hazards according to Mississippi Code Section 21-19-11 and/or 21-19-21 (Exhibit 4-b).

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to open the Public Hearing on the property located at 8905 Townsend Terrace. The Building Official stated the property has been abandoned for some time.  The grass and weeds are extremely high in the backyard.  The accessory building is dilapidated and full of debris.  Junk has been stored in the back yard and side yard. The house is not secure at this time.  Two weeks prior to the public hearing, notices were posted on the property; notice was sent to the last known address; posted on the bulletin board at City Hall and published in the City publication of record.  The Building Official presented pictures showing the condition of the property to the Board for the record. 

The property owner was not present during the public hearing.  

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to close the Public Hearing on the property located at 8905 Townsend Terrace.   

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to accept the recommendation of the Building Official and find the property at 8905 Townsend Terrace in such a state of uncleanliness so as to be a menace to public health and safety based on the matters presented and begin the lot cleaning, remove the dilapidated accessory building according, and secure the home to protect it from vagrancy and fire hazards pursuant to Mississippi Code Section 21-19-11 or 21-19-21 (Exhibit 4-c).     

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to open the Public Hearing on the property located at 206 Woodland Circle.

The Building Official stated the property has been abandoned for a period of time.  The grass and weeds are extremely high in the backyard.  The accessory building is dilapidated. The house is not secure at this time.  Two weeks prior to the public hearing, notices were posted on the property; notice was sent to the last known address; posted on the bulletin board at City Hall and published in the City publication of record.  The Building Official presented pictures showing the condition of the property to the Board for the record. 

The property owner was not present during the public hearing.  

Motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to close the Public Hearing on the property located at 206 Woodland Circle.     

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to accept the recommendation of the Building Official and find the property at 206 Woodland Circle in such a state of uncleanliness so as to be a menace to public health and safety based on the matters presented and begin the lot cleaning and to secure the home if not secured to prevent vagrancy and fire hazards pursuant to section 21-19-11 and/or 21-19-21 of the Mississippi Code (Exhibit 4-d).      

NEW BUSINESS

Motion was made by Alderman Denyer, seconded by Alderman Dalgo and unanimously carried to postpone item (5-a) until the next Board meeting.            


Motion was made by Alderman Hagan, seconded by Alderman Ross and unanimously carried to provide street closures for the 5K race on October 15th for approximately 45 minutes to one hour until the last runner comes through for safety reasons (Exhibit 5-b).   


OLD BUSINESS 

None.

PUBLIC COMMENTS

Dr. Matthew Ross, Veterinarian in Ocean Springs, and resident of Iberville drive, spoke in opposition of Psycamore, LLC.  He feels the residents of Iberville Drive were unfairly portrayed in a recent newspaper article.  He spoke in opposition of the inappropriate location of the facility. 

Ms. Melanie Allen and Ms. Carol Marie Stewart presented a donation in the amount of $1,500.00 for the floor refinishing at the Community Center from HOSA and the Ocean Springs Art Association.  Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to accept the donation of $1,500.00. 

Mr. Trey Pitalo of Pitalo Homes requested $30,000.00 in damages from a city sewer line that blew untreated sewage in the newly built home at 1311 Diller Road.  It was explained this matter had been turned over to the liability company; however, they found no negligence on the City’s part. 

CONSENT AGENDA

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to add the Addendum to the Agenda.                                         

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to pull items (8-b) and (8-c) from the agenda. 

Motion was made by Alderman Denyer, seconded by Alderman Hagan and unanimously carried to accept the Consent Agenda.

DEPARTMENT REPORTS

Police Dept.:

The Police Chief asked to close Robinson Avenue one block from Church Street to Washington Avenue from 4-7 p.m. for HOSA’s 100th Birthday of Marshall Park on   Saturday, September 24, 2011.  Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to close Robinson Avenue one block from Church Street to Washington Avenue from 4-7 p.m. for HOSA’s 100th Birthday of Marshall Park on Saturday, September 24, 2011.  

Community Development & Planning:

The Planning Director explained the new signage requirements for big box retailers and the new limits for political signage in residentially zoned areas.  Alderman McDonnell asked to look into adding fines and/or penalties to this ordinance.  Motion was made by  Alderman McDonnell and seconded by Alderman Ross to adopt Ordinance No. 2011-18 ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OCEAN SPRINGS, BEING ORDINANCE NO. 13-1976, AS AMENDED, BY ADDING SIGNAGE REQUIREMENTS FOR BIG BOX RETAILERS AND LIMITING POLITICAL SIGNAGE SIZES IN RESIDENTIALLY ZONED AREAS (Exhibit 9-a).  The motion carried with a roll call vote as follows:

Alderman Ross                 Voted Aye

Alderman Gill                   Not Voting, Acting Mayor Pro Tem

Alderman McDonnell         Voted Aye

Alderman Cody                Voted Aye

Alderman Denyer              Voted Aye

Alderman Dalgo               Voted Aye 

Alderman Hagan               Voted Aye

The Planning Director stated the City charges $100.00 deposit for rental of the fire pits and no clean-up fee.  He asked the Board to consider collecting a clean-up for the fire pits.  There was much discussion to collect a minimal amount as a clean-up fee.  Motion was made by Alderman Cody, seconded by Alderman McDonnell to continue collecting $100.00 deposit and refund $75.00 and the City is responsible for removing the debris effective September 21, 2011.  Motion carried with Aldermen McDonnell, Cody, Ross and Dalgo voting aye and Alderman Denyer and Hagan voting nay.    

ALDERMEN’S FORUM

Alderman McDonnell asked the Planning Director what the next step of the question of zoning for Psycamore, LLC on Iberville Drive.  The Planning Director stated the Planning Commission discussed this issue at their meeting.  Psycamore, LLC and the residents in the neighborhood made presentations.  The Planning Director and the City Attorney discussed their options.  It was decided that they would request Psycamore, LLC apply for a use permit.  It will be presented to the Planning Commission for their consideration and then ultimately to the Board of Aldermen for their consideration of whether their use is compliant with C-3 zoning.  It will require a public hearing.

Motion was made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to authorize up to $500.00 for landscaping in Ward 1. 

Alderman Ross asked to confirm the funding for Porter Avenue Sidewalks $180,000.00;

Washington Avenue elevation $79,000.00 and Washington Avenue crosswalk has budgeted $50,000.00.  Motion was made by Alderman Ross, seconded by Alderman Denyer and unanimously carried to authorize the Grants Administrator and Planning Director to submit timelines and budgets for the Government Street Paving Project; Porter Avenue Sidewalk Project; Washington Avenue Elevation Project; Washington Avenue Pedestrian Pathway Project for the Board’s review.    

Alderman Denyer asked the Grants Administrator to meet with the architects on the new Public Safety Center regarding estimates on utilities and see if projected costs are reflected in next year’s budget. 

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to enter into a learning partnership with Waldorf College and authorize the Mayor Pro Tem to execute the Memorandum of Understanding (Exhibit 10-a).

Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to install a street light on Townsend Terrace.

Motion was made by Alderman Hagan, seconded by Alderman Denyer to authorize the Mayor to contact the power company to obtain a cost estimate to extend the lights to Highway 57 in the same pattern as all the other lights. 

EXECUTIVE SESSION

Motion was made by Alderman Cody, 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 a motion was made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to remain in executive session to discuss potential litigation regarding C-3 zoning and insurance claim. 

Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to return to regular session. 

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to recess until 6:00 p.m. on October 4, 2011.     


_______________________________           ___________________________

City Clerk                                                      Mayor


___________________                                 ____________________

Date                                                             Date


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