Aldermen Minutes
MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS
RECESS MEETING OF SEPTEMBER 25, 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 September 25, 2007. Mayor Moran presiding, Aldermen Gill, Lloyd, McDonnell, Weaver, Denyer, Dalgo and Hagan were present. Also present were Interim City Clerk Shelly Ferguson and City Attorney John Edwards.
Alderman Weaver gave the invocation and the Mayor led the Pledge of Allegiance.
PROCLAMATION
Mayor Moran read a proclamation declaring the week of October 15th through October 19, 2007 as National Business Women’s Week (Exhibit 3).
OLD BUSINESS
Mr. Bruce Duckett presented the plan for the Museum Room at the Mary C. O’Keefe Center (Exhibit 4-a). Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to accept the plan for the Museum Room from the Friends of the Mary C. O’Keefe Cultural Center.
Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to task the Museum Board to come back with recommendations based on the comments they posed on an overall plan for the City Museum (Exhibit 4-a).
Ms. Chandra Nicholson with Neel Schaffer presented a recap of the 1992 Drainage Study and will be gathering a listing of drainage projects (Exhibit 4-b).
Mr. Robert O’Dell, attorney representing Edison Parrish, Sr., explained that the City instituted a resolution to proceed with a lot cleaning at 406 Porter Avenue in July and asked the City to consider the progress that has been made at the property and to either rescind or suspend the resolution. Alderman McDonnell said the owner has had four months to clean the property and he has had numerous calls from neighbors complaining about the condition of the lot. Alderman Hagan recommended that a Public Hearing be held at the next Board meeting to consider demolition.
NEW BUSINESS
Ms. Jennie Trowbridge explained the “Don’t Forget Your Child” campaign which she began to address the tragedy of children being forgotten and left in vehicles resulting in death. She displayed posters and bumper stickers which are available for a nominal fee. Alderman McDonnell suggested that the Chamber of Commerce spearhead the campaign.
The Community Development Director explained that the Gulf Regional Planning Commission will work with the City to do a Pedestrian/Bicycle Suitability Study (Exhibit 5-b).
PUBLIC COMMENT
Motion was made by Alderman McDonnell and seconded by Alderman Denyer to accept the Addendum to the Agenda. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer, Dalgo and Hagan voting aye and Alderman Lloyd voting nay.
The Community Development Director explained that the Admiralty project was listed on the Consent Agenda as item 6-gg under the Zoning & Adjustment Board which was in error and should have been listed under the Planning Commission. It was placed on the Addendum to the Agenda as item (A-1h). Alderman McDonnell pulled items (7-ff), (7-gg) of the Consent Agenda and item (A-1h) of the Addendum regarding the Admiralty project to discuss at this time. Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to remove items (7-ff), (7-gg) of the Consent Agenda and item (A-1h) of the Addendum.
Mr. Leland Speed, Director of Mississippi Development Authority, spoke in support of the Admiralty project and highly recommended the developers.
Neighbors of the project, Ms. Sandra Parris and Dr. Bill Lucas, expressed their opposition.
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to concur with the interpretation of the Waterview Ordinance by the Community Development & Planning Department which looked at the stated purposes of the Waterview Preservation District. One of these purposes is to “provide preservation of the aesthetic and the public view of the waterfront shoreline of Oceans Springs”. The Department of Community Development and Planning interpreted the term “multi-level automobile nor vehicle parking nor storage facility” to mean a free standing, single use parking deck as is common adjacent to casinos in Biloxi. The Department of Community Development and Planning feels that such facilities do not “provide preservation of the aesthetic and the public view of the waterfront shoreline of Oceans Springs.” The Admiralty’s parking is not free standing. It is a coordinated element of the development’s mixed-use buildings. Additionally, the lower parking level(s) are designed to complement the architecture of the entire building and, by so doing, “provide preservation of the aesthetic and the public view of the waterfront shoreline of Oceans Springs”.
Motion was made by Alderman Gill, seconded by Alderman McDonnell and unanimously carried to approve item (ff) of the Consent Agenda to accept the Zoning & Adjustment Boards recommendation to approve a 10% parking variance at the Admiralty at Front Beach.
Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to accept approval of item (A-1h) based on the recommendation of the Planning Commission to approve replat of Oak Bluff Subdivision lots, special exception for residential use on first floor of a building, and sketch plat for the Admiralty on Front Beach Drive.
Mr. Marty Banks, 1301 Calhoun, spoke in opposition of item (8-e) a request for a special exception for an accessory structure at 1408 Calhoun Avenue and asked the Board not to approve the request.
Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to address item (8-e) at this time.
The contractor and the homeowner explained the request to place an accessory structure closer to the street to protect a Live Oak tree and presented letters of support from thirteen neighbors.
Motion was made by Alderman Weaver and seconded by Alderman Denyer to accept item (8-e) to allow the accessory structure that Mrs. Chance is allowed by right, to place the cottage where the Community Development & Planning Department and the Arborist recommend to protect the Live Oak tree and to stay out of the floodplain. Following discussion second was withdrawn by Alderman Denyer and the motion died for lack of a second. The City Attorney recommended that the matter be discussed in Executive Session.
Mr. Bobby Carter, 213 Washington Avenue, thanked the Mayor and the Board for the letter sent to the Mississippi Department of Archives and History regarding his home being denied a grant and complained that there is an item on the agenda for the Historic Preservation Commission to approve a change to a porch which was the reason why his home was denied the grant.
CONSENT AGENDA
Motion was made by Alderman Hagan, seconded by Alderman Dalgo and unanimously carried to approve the Consent Agenda with the exception of item (a) was pulled by the Mayor, items (a) and (n) which were pulled by Alderman Lloyd, item (m) which was pulled by Alderman Hagan and item (u) which was pulled by Alderman McDonnell.
Alderman Lloyd pulled item (a) to vote against because he feels the Human Resources/Risk Manager should report to the City Clerk and not the Mayor. Motion was made by Alderman Hagan and seconded by Alderman McDonnell to authorize the transfer of Mindy McDowell to Human Resources/Risk Manager, annual salary $40,000.00, effective September 26, 2007. Motion carried with Aldermen Gill, McDonnell, Weaver, Denyer, Dalgo and Hagan voting aye and Alderman Lloyd voting nay.
Motion was made by Alderman Hagan, seconded by Alderman McDonnell and unanimously carried to continue to pay the $500.00 monthly supplement to Human Resources Assistant Bobbie Sullivan until further notice while the new Human Resources/Risk Manager continues her role as the Deputy City Clerk.
Alderman Hagan pulled item (m) and said that the hourly rate for a Traffic Control/School Crossing Guard is $12.50. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize the hire of one additional Traffic Control/School Crossing Guard for Hanley Road and Government Street, hourly rate $12.50.
Alderman Lloyd pulled item (n) and complained that there is no explanation of the votes of the Tree Committee. Motion was made by Alderman Lloyd, seconded by Alderman McDonnell and unanimously carried to accept the Tree Committee Report.
Alderman McDonnell pulled item (u) and said that he would vote for it but explained that he found a website by Ray Bellande that displayed photos before and after Hurricane Katrina of structures in the City that have been lost. On another website he found pictures of one of the rental properties owned by the Ducketts on Calhoun Avenue which did not have railings on the front porch prior to Hurricane Katrina and found that it was strange that when Mr. Carter altered his front porch he was denied a grant but the property on Calhoun Avenue was not. Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to approve item (u) to accept the recommendation of the Historic Preservation Commission to approve the construction of handrails at 914 Calhoun Avenue. Mrs. Alice Duckett responded that the Historic Preservation Commission is required to abide by all state laws and uphold the Historic Preservation Ordinance and hopes that in the future the Aldermen will contact her if they have any questions.
DEPARTMENT REPORTS
Mayor
Motion was made by Alderman Hagan, seconded by Alderman Lloyd and unanimously carried to lift the State of Emergency declared September 21, 2007 for a storm threat.
Motion was made by Alderman Hagan, seconded by Alderman Weaver and unanimously carried to allow the placement of benches at the Little Children’s Park in memory of Lexi Sherwood.
The Mayor gave an update on the status of the MEMA/FEMA property acquisition programs (Exhibit 8-c).
City Clerk
The Interim City Clerk reported that two options are being considered for the increase in the wastewater fees which are a flat fee for residential and a flat fee for commercial which the software will accommodate or a per 1,000 gallon usage fee which the software will not accommodate and a program would have to be written. A levelized billing program is also being considered which would not be supported by the software.
Police
The Police Chief requested that item 8-d be discussed at a later date.
Fire
The Fire Chief reported that repairs from storm damage will begin on the Champ Gay Fire Station roof. The replacement of the shingles with metal on the second part of the roof was not included in the bid and will cost an additional $32,000.00. The Mayor will follow up.
ALDERMAN’S FORUM
Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to authorize $3,000.00 from the Ward II Capital Improvement Account to spruce up the Caboose.
Alderman Lloyd asked about the request from Mr. Larry Cosper regarding Evergreen Cemetery and the City Attorney responded that he is investigating the lawsuit involving extra space at the cemetery, if there is any additional space it will have to be advertised which he would recommend auctioning to the highest bidder.
Alderman Denyer asked that the Building Inspector look at the old 7-11 building which is an eyesore.
Motion was made by Alderman Denyer, seconded by Alderman Weaver and unanimously carried to authorize $5,000.00 which was given by Jackson County Supervisor John McKay and $7,000.00 from the Ward IV Capital Improvement Account for improvements to Stark Bayou for landscaping and the entrance sign.
EXECUTIVE SESSION
Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to go into closed session to determine the necessity of going into executive session.
The Interim City Clerk returned to the meeting and announced that a motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to remain in executive session to discuss personnel issues in the Police Department and Building Department, economic development, potential litigation, Rigley vs. Ocean Springs, Duckett & Kennerly vs. Ocean Springs and Smith Properties vs. Ocean Springs.
Motion was made by Alderman McDonnell, 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 Lloyd and unanimously carried to grant up to a 20% variance for a front yard setback at 1408 Calhoun Avenue based on the fact that Ms. Chance has a hardship dealing with the floodplain and that under the advice of our City Planner she went to the Planning Commission as opposed to the Zoning & Adjustment Board and since we have been to the site, looked at the property and heard both sides of the argument that we feel that a 20% variance is in order.
Motion was made by Alderman Hagan, seconded by Alderman Lloyd and unanimously carried to adjourn until 6:00 p.m. on October 2, 2007.
