A Recess Meeting of the Mayor and Board of Aldermen of the
City of Ocean Springs was called to order by Mayor
Ainsworth at
Mayor Ainsworth gave the Invocation and led the Pledge of Allegiance.
The presentation by Betty Magee regarding update and usage guidelines for the Mary C. O’Keefe Center was held over until the next meeting.
Mayor Ainsworth announced that Don and Joan Penny had donated the “We Support the Troops” flag that was flying at City Hall.
Alderman Cody was present at this time.
City Clerk:
a)
Approve Minutes of Regular Meeting of
b) Accept Action Report
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Adopt Resolution voiding 2001 Tax Sale of Parcel No. 61262182.000 and refund purchaser the amount paid at said sale:
(Tax
e) Authorize City Clerk to amend budget as requested regarding FEMA’s Assistance to Firefighters Grant Program for Personal Protective Equipment:
(Fire Budget Amendment)
f)
Allow Purchasing Agent Pamela Cox to attend Mississippi
Association of Governmental Purchasing/Property Agents in
g)
Accept easement from Lynda N. and Thomas J. Brokl (part
of
(Brokl Easement)
Police Dept.:
h) Accept Police Report for January 2003
i) Accept Police Reserve Reports for October and November 2002
j) Approve FYE 2003 budget amendment regarding restitution for stolen/damaged light bars:
(Police Budget Amendment)
k)
Place Officer Lisa Bradley on full-time status,
effective
(Bradley full-time hire)
l)
Approve corrected hire date for Patrol Officer Kenneth
E. Bell as
(
m)
Allow Court Clerk Kristy Jones to attend Municipal
Court Clerk Seminar in Olive Branch on
City Engineer:
n) Approve Pay Request No. 1 from SCI, Inc. ($86,435.74) regarding DWSIRLF #DWI-H280035-02, Contract “B” Water Main project:
(SCI Pay Request)
Public Works:
o)
Pay invoice from Graham Construction Co., Inc. ($153.40
– retainage) regarding work performed on
(Graham Invoice)
p) Pay invoice from Graham Construction Co., Inc. ($71.20 – retainage) regarding work performed on Bienville Blvd. Service Road due to Tropical Storm Isidore/Hurricane Lili:
(Graham Invoice)
q)
Pay invoice from Graham Construction Co., Inc. ($179.00
– retainage) regarding work performed on
(Graham Invoice)
r) Pay invoice from Graham Construction Co., Inc. ($150.25 – retainage) regarding sewer rehab work performed on Culeoka (force main):
(Graham Invoice)
s) Pay invoice from Graham Construction Co., Inc. ($24,285.60) regarding Hwy 90 Water Extension (north side):
(Graham Invoice)
Community Development & Planning:
t) Extend contract with Twin L Construction for period of six months:
(Twin L contract extension)
u) Approve Application for Payment No. 9 from Fletcher Construction ($185,890.99) regarding Mary C. O’Keefe Cultural Center and release payment upon receipt of Cap Loan and Federal Funds:
(Fletcher Invoice)
v) Refund $1,060.00 to Charles Calhoun for canceled building permit at 703 Rue Rivage:
(Calhoun Refund)
w)
Allow Building Official to attend Association of
Floodplain Managers of Mississippi Spring Conference in Choctaw, MS, on
x) Accept resignation of Ray Bellande from Historic Preservation Commission:
(Bellande Resignation)
y) Accept Historic Preservation Commission recommendations regarding the following:
1. David
and Mary Jensen – COA for
(Jenson COA)
2. City
of Ocean Springs – COA for
(Ft. Maurepas COA)
z) Accept Planning Commission recommendations regarding the following:
1. Dennis Stieffel & Associates – Preliminary Plat Approval (modified) for Southwind Subdivision, Phase I:
(Southwind Documents)
2. BEB, LLC – Rezone Lots 21-27, Doctor Bailey Subdivision from C-3 to R-4:
(BEB Rezoning Documents)
3. BEB, LLC – Sketch Plat Approval for Indian Springs Subdivision:
(BEB Sketch Plat Documents)
Items c, y1, z2 and z3 were removed from the Consent Agenda for further consideration.
Motion by Dalgo, seconded by Gill, to approve the Consent Agenda, excluding items c, y1, z2 and z3.
VOTING AYE ALL
VOTING NAY NONE
At this time discussion was held regarding item c of the Consent Agenda. The City Clerk reported that a revised invoice had been received from Delgado, Acosta & Wallace, PLLC. She asked that the invoice in the amount of $2,750.68 be removed from the docket and replaced with the invoice totaling $2,487.18.
Motion by Gill, seconded by Carvin, to pay the docket of claims, excluding the claim from Delgado, Acosta & Wallace, PLLC, in the amount of $2,750.68.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Dalgo, to pay the claim from Delgado, Acosta & Wallace, PLLC, in the corrected amount of $2,487.18.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to pay for the removal and restoration of the Mac Anderson tiles in the Mary C. O’Keefe Cultural Center from the professional services account in the Planning Dept. budget.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that the Hanley Rd. project was out for bid with a bid opening date of March 14, 2003. He added that it would be about 60 days before work would begin on the project.
(Sanitary Sewer System Evaluation Survey Contract)
Motion by Gill, seconded by Jalanivich, to place a copy of the contract for the Sanitary Sewer System Evaluation Survey in the minutes.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that the contractor would begin smoke testing throughout the City, starting with the eastern end of town, and that it would take about 8-10 weeks to complete.
The Public Works Director submitted the following report regarding costs associated with the water line on the north side of Hwy 90. He noted that the costs did not include engineering fees from Moran, Seymour and Associates.
(Hwy 90 Water Extension – North Side)
At this time item y1 of the Consent Agenda was taken up for consideration.
Motion by Jalanivich, seconded by Cody, to grant a COA to David and Mary Jenson at 315 Front Beach Dr., but to require that the retaining wall be built with the approval of the Public Works Director, City Engineer and Police Chief, and that it meets all federal, city and state codes.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell reported that the landing by Schmidt Dr. looked bad and asked the Public Works Director if there was any way to dress it up. The City Planner suggested using the Youth Corps grant workers to repaint the landing.
Motion by McDonnell, seconded by Jalanivich, to authorize Public Works to sandblast the landing at Schmidt Dr. down to the original concrete and then take a look at it from there.
VOTING AYE ALL
VOTING NAY NONE
At this time item Z2 of the Consent Agenda was taken up for consideration.
Motion by McDonnell, seconded by Gill, to approve the recommendation set forth by the City Planner and the City Attorney concerning the rezoning of Lots 21-27, Doctor Bailey Subdivision.
VOTING AYE ALL
VOTING NAY NONE
At this time item Z3 of the Consent Agenda was taken up for consideration.
The City Planner noted that the City has not obligated itself for the drainage and road improvements outlined in the sketch plat for Indian Springs Subdivision and that those costs should be borne by the developer.
Motion by Lloyd, seconded by McDonnell, to grant sketch plat approval to Indian Springs Subdivision as recommended.
VOTING AYE ALL
VOTING NAY NONE
Alderman Cody asked that the City Planner review the zoning on the south side of Government St. from Bechtel to the eastern city limits where it abuts commercial property. The City Planner stated that there was no quick fix and did not recommend piecemealing the zoning. He recommended working with a consultant to rewrite the zoning ordinance. Alderman Cody suggested that the Planning Commission review every request for a business in that area so the impact could be mitigated or addressed beforehand so adjacent property owners could be protected from unsuitable uses that are not conducive to residential areas.
Motion by Cody, seconded by Carvin, that the City Planner and City Attorney review the commercially zoned areas on Government St. and any other areas in the City where residential property abuts a C1, C2 or C3 zone to determine what if anything the City can do to mitigate businesses which would not be conducive, or at least acceptable, to residential areas and report back to the Board with a recommendation for rezoning.
VOTING AYE ALL
VOTING NAY NONE
(Lot Cleaning Letter – 509 Magnolia Ave.)
Motion by Jalanivich, seconded by Dalgo, to begin the lot cleaning process on 509 Magnolia Ave.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Lloyd
Alderman Jalanivich reported that the property north of the Ocean Springs Yacht Club had been sufficiently cleaned.
Motion by Jalanivich, seconded by Cody, that the Building Official, Fire Inspector and any other necessary personnel inspect the building on the Alman property to determine its condition and, if warranted, to begin the process to take the building down.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to table the request of Louis Degattista to rezone his property at 707 Russell Ave. from R-2 to C-2 until additional information is received from the City Planner.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
(Bellande Documents – COA for 525 Jackson Ave.)
Ray Bellande addressed the Board to appeal the fine imposed by the Historic Preservation Commission concerning his COA at 525 Jackson Ave. Although he did not object to a fine being levied, he did not feel the amount of the fine was consistent with fines assessed to others in the past and questioned the method used to determine the amount. The City Planner explained that the fine was double the amount of the building permit, which is based on the total estimated cost of the improvements, including labor. Mr. Bellande had done much of the work himself and had made his calculations based on his cost for materials only.
Motion by Gill, seconded by Carvin, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Ray Bellande at 525 Jackson Ave. and fine him $150.00.
At this time discussion was held on the motion. Alderman Dalgo was concerned that the fines being levied for violations were not sufficient to deter people from violating the ordinance. He suggested assessing the penalty outlined in the Historic Preservation Ordinance. Alice Duckett, Chairperson of the Historic Preservation Commission, told the Board that the fine outlined in the ordinance was $100.00 per day for every day in violation. She said that Commission had recommended to previous boards that the violators be fined, but previous Boards did not fine them. She said that they were instructed not to present a recommendation for a COA without recommending a fine for the violator. She said the commission chose not to recommend the $100.00 per day find because in most cases it would be more than 30 days and they did not want to impose that kind of a burden on homeowners in the historic district. She said the Commission felt that a recommendation for such a hefty fine would not be approved by the Board of Aldermen; instead the Commission chose to be realistic and deal realistically with the homeowner in hopes that the homeowner would be willing to support the Commission in the future and not repeat the problems. She stated the Commission had recommended fines, but in most cases previous boards would not levy them. After much discussion the question was called and the vote was as follows:
VOTING AYE Aldermen Jalanivich, Carvin and Gill
VOTING NAY Aldermen Lloyd, McDonnell, Cody and Dalgo
THE MOTION FAILED.
Motion by Dalgo, seconded by _________, to enforce the ordinance and fine the applicant in accordance with the Historic Preservation Ordinance as it exists.
MOTION DIES FOR LACK OF A SECOND.
Motion by Jalanivich, seconded by Dalgo, to accept the recommendation of the Historic Preservation Commission regarding the COA to Ray Bellande for 525 Jackson Ave. and fine him $300.00.
VOTING AYE ALL
VOTING NAY NONE
Motion by Carvin, seconded by Cody, to authorize the City Attorney to utilize the services of a local, reasonably priced attorney for research and brief regarding the impact fee litigation.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
Mayor Ainsworth reported that the public comment period by the Coast Guard regarding the Shearwater Bridge ended February 10, 2003, and that comments or objections had been filed by Amanda Kennerly, Charlie Carr, Harbor Commissioner Johnny Hughes, and by Johnny Hughes personally. He stated that the project engineers, Batson & Brown, were in the process of getting together a response for the Coast Guard.
(Carolyn Wyllie - Request for Community Promotion Funds for Ocean Springs Drama Dawgs)
The City Clerk noted that the application for community promotion funds did not address what the Ocean Springs Theatre Arts Booster Association would be doing to promote Ocean Springs. Ms. Wyllie replied that the group was from Ocean Springs High School and that the City of Ocean Springs would be put on the program as the City of Discovery, the city where no child is left behind.
Motion by Dalgo, seconded by Gill, to contribute $1,000.00 toward the efforts of the Ocean Springs Theatre Arts Booster Association for promoting the City of Ocean and that they be funded through a transfer of funds from the individual ward monies to the community promotion account.
VOTING AYE ALL
VOTING NAY NONE
Shannon Moran addressed the Mayor and Board of Aldermen regarding the appeal filed with the Mississippi State Supreme Court regarding Hinds, Friar and Pelham vs. City of Ocean Springs. Mrs. Moran, noting that the Board had decided not to defend the appeal, asked that she be issued a building permit immediately to begin construction of a new home at 405 Cleveland Ave. She reminded the Board that her original permit issued on April 10, 2001, was still pending due to the litigation surrounding her lot split and asked that she not be delayed further. The City Attorney advised that a permit could not be issued as long as the matter was still in litigation. Mrs. Moran asked that the Board personally contact the 3 remaining appellants and request they drop the latest appeal. The City Attorney told the Board that it would be improper for them to contact the appellants as both parties were represented by counsel, and to do so would subject the City to disciplinary action by the court. The City Attorney advised the Board to cease open discussion on the issue because it could be detrimental. The Board agreed to address the issue in Executive Session later during the meeting.
The City Planner reported that he had spoken to Randy Wrigley about his agenda item and that Mr. Wrigley did not wish for his issue to be addressed at this time.
Motion by Dalgo, seconded by Jalanivich, to remove Randy Wrigley’s item, Special Use Permit on Groveland Rd., from the agenda until further notice from Mr. Wrigley.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that the attorneys were not yet ready to go forward with a commercial impact fee exemption/reduction schedule. He asked that the item be removed from the agenda.
Motion by Carvin, seconded by McDonnell, to remove the commercial impact fee exemption/reduction schedule from the agenda.
VOTING AYE ALL
VOTING NAY NONE
The issue of traffic calming devices for Eastland Blvd. was held over until the next meeting.
(Mississippi Power Co. – Lighting Recommendations for Myrtle St. and Ethel Cir.)
Motion by McDonnell, seconded by Jalanivich, to accept the recommendation from Mississippi Power Co. with regard to improved street lighting for Myrtle St. and Ethel Circle.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich reported that the committee had been unable to reach an agreement with Fred Lemon for the purchase of his land for an Ocean Springs sports gym. He suggested that the matter be referred to the Park Commission.
Motion by Jalanivich, seconded by Carvin, to remove the issue of the purchase of land for an Ocean Springs sports gym from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Dalgo, to allow Alderman Jalanivich to advise the Mayor of what materials should be purchased to build the blacksmith shop and bake shop at Fort Maurepas.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to take the necessary steps to form a Fort Maurepas Commission consisting of 7 members to act as an advisory board to the Board of Aldermen.
VOTING AYE ALL
VOTING NAY NONE
(Submarine Veterans of World War II – Memorial to USS TULLIBEE (SS284)
Motion by Jalanivich, seconded by Cody, to approve the request of the U.S. Submarine Veterans of World War II and U.S. Submarine Veterans, Inc. for placement of a memorial to the USS TULLIBEE (SS284) at the Civic Center property, pending approval from the Mississippi Vietnam Veterans Memorial Committee and absent any objections from the Board of Aldermen.
VOTING AYE ALL
VOTING NAY NONE
The appointment to the Historic Preservation Commission was held over until the next meeting.
Frank McCathron of 2514 Havard Rd. asked about traffic calming devices on Havard Rd. Alderman Jalanivich told Mr. McCathron that a traffic study by Gulf Regional Planning Commission indicated that the devices were not warranted. He stated that the City would revisit the issue when the project at the intersection was complete.
In another matter, Mr. McCathron was concerned about the construction work being done on the lot behind him, 2808 ˝ Havard Rd. He stated that the topographical survey only shows one pipe, but that there is more than one pipe there. He was concerned about potential flooding problems from heavy rainstorms and hurricanes due to the swales created in the drainage ditch. The City Planner was directed to investigate the matter.
Ethelyn Connor addressed the Board on behalf of the Ocean Springs Garden Club. She stated that the club needed assistance from Public Works to move some bushes at Marble Springs so the club could plant for their annual spring pilgrimage. The Public Works Director explained that the Garden Club’s plan was in conflict with HOSA’s plan and he needed direction from the Board before doing any work.
Motion by McDonnell, seconded by Cody, to authorize the Mayor and Public Works Director to come up with a solution to the problem so the Ocean Springs Garden Club could plant for their spring pilgrimage.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Carvin, seconded by Lloyd, to go into Executive Session to discuss the Moran appeal and personnel.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss a matter of litigation concerning, which is the Moran appeal, and personnel.
The Executive Session began at 9:25 p.m. and ended at approximately 9:45 p.m., after which time the Regular Session was resumed.
Alderman Dalgo advised Mrs. Moran that the consensus of the Board was not to fund the cost of defending the appeal against her lot split. He added that the City Attorney had advised the Board that the expedited method that she had mentioned to get the lawsuit resolved quickly would still involve the use of City tax dollars and could take up to 270 days.
Motion by Lloyd, seconded by Dalgo, that if Mrs. Moran’s attorney can show the City Attorney any legal grounds that a building permit can be issued prior to resolution of the lawsuit, and he concurs, the City Attorney be authorized to instruct the Planning Dept. to immediately issue the permit.
VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman McDonnell
Motion by Cody, seconded by Gill, to request a lighting study on Holcomb Blvd., especially around the school, apartments and church, and on Deena Rd.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date