REGULAR MEETING OF THE CITY COUNCIL

TUESDAY, NOVEMBER 4, 2008, AT 6:00 P. M.

CITY HALL, PASCAGOULA, MISSISSIPPI

 

The City Council of the City of Pascagoula, Mississippi, met at City Hall in a regular meeting on Tuesday, November 4, 2008, at 6:00 p.m.  Mayor Avara called the meeting to order with the following officials present:

 

Mayor Matthew J. Avara

Councilman Joe Abston

Councilman Robert Keith Belcher

Councilman Frank Corder

Councilman William “Bill” Jones, Jr.

Councilman Robert Stallworth, Sr.

Councilman George L. Wolverton, Sr.

 

City Manager Kay Kell

City Attorney Eddie Williams

City Clerk Brenda J. Reed

 

*****

Mayor Avara opened the meeting and the invocation was given by Councilman Belcher followed by the pledge of allegiance.

*****

            Thomas and Diane Stephenson addressed the Council regarding an appeal of the Building Official to place a Stop Work Order at 1207 Mantou Street.  It was discovered that an addition had been placed on the rear of the structure without a permit which created two issues of concern:  (1) the addition was built below the required flood elevation, and (2) the addition does not meet the setback requirements of the zoning ordinance.  Mr. Stephenson requested permission to leave an addition at the current elevation that was constructed with no permits.  Mr. Stephenson stated they purchased the house from Robert Delarosa after Hurricane Katrina.  The addition was not included in the scope of work of the original permit issued to Mr. Delarosa. 

            Steve Mitchell, Operations Manager, advised at the present time the only option for the owners is to remove the addition or elevate the entire structure to the required elevation.  They would also need and be granted a variance from the setback requirements.  Mr. Mitchell did not recommend approving a variance to allow the structure to remain at the current elevation.

            After discussion, Councilman Stallworth made a motion to “deny” the appeal request of Thomas and Diane Stephenson on the Stop Work Order at 1207 Mantou Street and to uphold the decision of the Building Official regarding this matter.  The motion was seconded by Councilman Belcher and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  (Denied 11-4-08)

*****

            A hearing was then held regarding property cleanup at 2612 Fernwood Street which was tabled from the Council meeting of October 7, 2008.  No one was present to represent the property.  Steve Mitchell, Operations Manager, gave a status report on the property.

The Council then considered the following Resolution:

 

RESOLUTION

WHEREAS, by order dated August 19, 2008, this Council authorized giving notice to the owners of the parcel of land listed in Exhibit A of a hearing before this Council at 6:00 P.M., October 7, 2008, to determine whether the parcel listed is in such a state of uncleanliness as to be a menace to the public health and safety of the community; and

WHEREAS, notice of said hearing has been given in the manner and time required by law; and

WHEREAS, this matter was continued at the October 7, 2008, meeting until November 4, 2008; and

WHEREAS, the Council has received evidence from the staff of the City as to the condition of the parcel listed and the owners have been given an opportunity to be heard; and

            WHEREAS, we find that the parcel of land listed in said exhibit is in such a state of uncleanliness as to be a menace to the public health and safety of this community:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCAGOULA, MISSISSIPPI, AS FOLLOWS:

SECTION 1.  That the parcel of land listed in Exhibit A is hereby found and determined to be in such a state of uncleanliness as to be a menace to the public health and safety of the community.

SECTION 2.  That, if said parcel is not cleaned by the owners within seven days of this date, the City Manager, by use of City personnel or a private contractor, shall have the parcel cleaned by removing any dilapidated buildings thereon, removing any standing water, by cutting any excess vegetation thereon, and by removing rubbish and debris.  Thereafter, this Council shall adjudicate the actual cost of cleaning said parcel and such cost shall be an assessment against the parcel.

EXHIBIT A

Tax Parcel Number                Owner(s)                                        Described at the following

and                                       and                                                    Jackson County, MS,

Property Address                   Mailing Address                           Deed Books and Pages

                                               

41885451.000                         Willie James Lee                                Deed Book 1110, Page 315

2612 Fernwood St.                  Address Unknown

                                                (Footnote 1)               

 

PARTIES WITH INTEREST

 

Footnote 1:     Citifinancial Mortgage Company, 1000 Technology Drive, O’Fallon, MO  63368-2240 is the holder of a deed of trust recorded at Deed of Trust Book 1591, Page 761.

 

The above Resolution was introduced by Councilman Belcher, seconded for adoption by Councilman Wolverton and received the following vote:  Mayor Avara “AYE”.  Councilmen Abston “AYE”, Belcher “AYE”, Corder “AYE”, Jones “AYE”, Stallworth “AYE”, and Wolverton “AYE”.  The Mayor then declared the Resolution adopted on the 4th day of November, 2008.

*****

The Council then considered the following consent agenda items:

 

The first item for consideration was the minutes of the recessed regular Council meeting of October 21, 2008, as recommended by Brenda Reed, City Clerk.

 

Councilman Corder made a motion to adopt and approve the minutes of the recessed regular Council meeting of October 21, 2008, as recommended.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  (Approved 11-4-08)

*****

            Minutes of the Pascagoula Historic Preservation Commission meeting of September 24, 2008, were acknowledged by the Council.

*****

The next item for consideration was approval for members of the Pascagoula Historic Preservation Commission to attend a Historic Windows Training in Ocean Springs, MS, on November 6, 2008, at a cost of $20.00 each as recommended by Betty Bensey, Community Development Director.  Members attending the session will be Liz Ford, Michele Lee, and Walter Mansfield.  The City Manager requested approval for Barry McIlwain to also attend the session.

Councilman Corder made a motion to approve travel for Historic Preservation Commission members Liz Ford, Michele Lee, Walter Mansfield, and Barry McIlwain to attend a Historic Windows Training in Ocean Springs, MS, on November 6, 2008, at a cost of $20.00 each as recommended.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  (Approved 11-4-08)

*****

The next item for consideration was an Order for property cleanup at 902 Lafayette Avenue, 2202 Chicot Street, and 1009 Oliver Street as follows:

ORDER

 

WHEREAS, on its own motion the City Council of the City of Pascagoula, Mississippi, alleges that each of the parcels of land listed in Exhibit A hereto is in need of cleaning; and

WHEREAS, each parcel is described by reference to the appropriate books and pages of the Land Deed Records of Jackson County, Mississippi, or by a detailed description; the property owner or owners, if known, and their mailing addresses, if known, are listed; and the tax parcel number and address of each parcel is listed;

            THEREFORE, IT IS ORDERED that the owners of each parcel listed on said exhibit shall be given notice by the City Clerk as provided in Section 21-19-11, Mississippi Code of 1972, that a hearing shall be held by said City Council on December 2, 2008, in the City Hall of said city at 6:00 P.M. to determine whether the parcels of land as shown on said exhibit are in such a state of uncleanliness as to be a menace to the public health and safety of this community.

 

 

EXHIBIT A

Tax Parcel Number                Owner(s)                                        Described at the following

and                                                   and                                        Jackson County, MS,

Property Address                   Mailing Address                           Deed Books and Pages

 

41625302.000                         Henry Tillman                                  Deed Book 189, Page 537

902 Lafayette                           2408 Pinewood Drive

                                                Pascagoula, MS  39567

                                                (Footnote 1)

 

41580032.000                         Linda Attia                                       Deed Book 887, Page 287

2202 Chicot St.                        P.O. Box 1323

                                                Escatawpa, MS  39552

                                                (Footnote 2)

 

42120059.000                         Lagniappe Mortgage, Inc.                 Deed Book 1514, Page 533

1009 Oliver St.             c/o Rick Lanning

P.O. Box 9008

                                                Mandeville, LA  70470-9008

 

PARTIES WITH INTEREST

 

Footnote 1:     Also publish to heirs of W.B. Robertson

 

Footnote 2:     James R. Boots, DC, A119 Elm Street, Combined Locks, WI  54113

 

 

The above Order was introduced by Councilman Corder, seconded for adoption by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  The Mayor then declared the Order adopted on the 4th day of November, 2008.

*****

The next item for consideration was advertising the resources of the City through the 2009 Gulf Coast Legislative Reception for $500.00 as recommended by Kristi Summerlin,
City Attorney’s office.  The reception will be held in Jackson on January 7, 2009.  The City is given legal authority to provide support to this group by Senate Bill 3238 approved by the Governor on April 2, 1999.

Councilman Corder made a motion to approve advertising the resources of the City through the 2009 Gulf Coast Legislative Reception for $500.00 as the Council determined it would be helpful to advance the moral, financial, and other interests of the municipality.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”.  Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  (Approved 11-4-08)

*****

The next item for consideration was a request to advertise for bids for the replacement of both cranes at the Transfer Station as recommended by Jaci Turner, Program Manager.

Councilman Corder made a motion to authorize the City Clerk to advertise for bids for the replacement of both cranes at the Transfer Station as recommended.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”. 
(Approved 11-4-08)

*****

The next item for consideration was a request to advertise for bids for a portable/electronic sewer line inspection system as recommended by Steve Mitchell, Operations Manager.

Councilman Corder made a motion to advertise for bids for a portable/electronic sewer line inspection system as recommended.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”.  (Approved 11-4-08)

*****

The next item for consideration was approval for a City Map Project through The Map Group, Inc., Crescent Springs, KY, as recommended by Darcie Crew, Parks and Recreation Director.  Ms. Crew requested permission for Mayor Avara to sign a letter to Pascagoula business owners regarding the map project which provides us with 7,000 copies of a detailed, updated street map at no cost.  The City Map Project will sell advertisements on the map to cover the cost.

Councilman Corder made a motion to authorize Mayor Avara to sign a letter to Pascagoula business owners regarding the City Map Project as recommended.  The motion was seconded by Councilman Abston and received the following vote:  Mayor Avara “AYE”, Councilman Abston “AYE”, Councilman Belcher “AYE”, Councilman Corder “AYE”, Councilman Jones “AYE”, Councilman Stallworth “AYE”, and Councilman Wolverton “AYE”. 
(Approved 11-4-08)

 

*****

            The next item for consideration was a rollover budget amendment for the Community Development Fund as recommended by Lloyd Marshall, Comptroller.

 

The budget amendment is spread on the minutes as follows:

 

Budget Amendment

 

 

 

 

 

 

November 04, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 Original

 

 Budget

 

 Amended

 

Appropriation

 

Amendment

 

Budget

 

 

 

 

 

 

 

 

 

 

 

 

Community Development Fund

 

 

 

 

 

 

Expenditures:

 

 

 

 

 

 

 

 

 

 

 

Other Charges:

 

 

 

 

 

 

 

 

 

 

 

Dash Housing

0

 

33,000

 

33,000

 

 

 

 

 

 

W26 Chipley Water Transmission

0

 

49,469

 

49,469

 

 

 

 

 

 

W27 Beach Blvd. Water Transmission

0

 

25,994

 

25,994

 

 

 

 

 

 

S-30 River Park Wastewater

0

 

44,762

 

44,762

 

 

 

 

 

 

Shortcut Transmission System

0

 

7,903

 

7,903

 

 

 

 

 

 

S-32 Chipley Wastewater

0

 

79,093

 

79,093

 

 

 

 

 

 

S-33 Beach Blvd. Wastewater

0

 

31,609

 

31,609

 

 

 

 

 

 

Katrina Housing Asssistance

0

 

23,309

 

23,309

 

 

 

 

 

 

Demo & Code Enforcement

0

 

48,150

 

48,150

 

 

 

 

 

 

Land Acquisition/Demolition/Relocation

0

 

18,768

 

18,768

 

 

 

 

 

 

MDA Planning Grant

0

 

378,363

 

378,363

 

 

 

 

 

 

Section 154 Funds/DUI Enforcement

0

 

49,972

 

49,972

 

 

 

 

 

 

 

 

 

 

 

 

Total Expenditures

 

 

790,392

 

 

 

 

 

 

 

 

Revenues:

 

 

 

 

 

 

 

 

 

 

 

Community Development - Grants:

 

 

 

 

 

 

 

 

 

 

 

Dash Housing

0

 

33,000

 

33,000