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Still no Bay beach ordinance
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EDITH BIERHORST BACK The Bay Burau
For the third time in a month, bickering among city councilmen Tuesday ended in refusal to adopt an ordinance regulating construction on the Bay St. Louis beach.
It was returned to its author for a revision which would exempt the Bay-Waveland Yacht Club in Cedar Point and American Legion properties on the beach at Washington Street.
One property owner, Maurice Colley, told the council that the refusal of the city clerk last week to grant him a building permit for construction of a fast food store on the beach could result in litigation.
'“I have the only commercial lot excluded” from the 1972 ordinance prohibiting construction in all but the business sector, Colley said.
“There is no ordinance,” one councilman told Colley.
Earlier this month Pete Fountain, New Orleans musician, built a hurricane fence around his six lots on the beach adjoining the Bay Bridge.
The council learned that the 1972 ordinance prohibiting construction on the beach, except in commercial areas, was improperly filed and therefore void.
An amendment of the same year exempting Fountain’s lots from the ordinance contains incorrect numbers of two lots lying in the center of the property, thus voiding the
exemption.
Councilman James C. Thriffiley
III	three times has introduced a recommended ordinance to correct the 1972 errors and to fill the gap in the laws which leaves the community unprotected, he said.
On the first occasion, one councilman was absent, so it was not possible to get an ordinance in effect immediately, since all must vote in favor to do so. Also, two of those present objected to its adoption until further study.
The second time, it was tabled again after questions were raised about beach structures other than Fountain’s in residential areas.
The version Thriffiley introduced Tuesday would prohibit structures on the beach in all areas except the commercial district which begins opposite Merchants Bank south of the railroad bridge and ends at the first lot south of State Street.
The southernmost lot is Colley’s, left out of the original. Also included is the exemption for Fountain’s lots, with their correct numbers.
Thriffiley’s ordinance was not on the agenda on the council’s last two meetings, and objections were raised both times about its discussion. Last week, Council President Wilmer Seymour said it was left off the agenda purposely.
Tuesday, Councilman Harry Farve, absent from the last two meetings, said, “I was told this
wouldn’t come up tonight. I won’t vote on it until I get a copy.”
Discussion continued nonetheless, with city attorney Joseph W. Gex bringing a message from attorney Aaron Adams who asked that an exception be included in the ordinance for the yacht club.
Seymour added that both the yacht club and the American Legion properties should be provided the same exemption as the Fountain property in the ordinance.
The Legion beach properties include two lots to the south and one to the north of Washington Street, adjoining its fishing pier. Like the yacht club, the Legion lots are in a residential zone.
Thriffiley said amendments could be added for these organizations later, after the subject has been studied.
“What’s to study?” asked Sheldon Seuzeneau.
"We need to be careful that the wording includes what we want and what they want," Thriffiley replied. “Neither has expressed any immediate problem. If we were to change the zoning and they decided to dispose of the property, hypothetically someone could buy it and use it to harbor oil barges.
I	am trying to solve an immediate problem. If it lingers it could snowball.”
The council voted 3-2 to table the
Please see BEACH B-10