A Regular Meeting of the Mayor and Board of Aldermen of the
City of Ocean Springs was called to order by Mayor
Ainsworth at
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
City Clerk:
a)
Approve Minutes of Regular Meeting of
b)
Approve Minutes of Recess Meeting of
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Authorize Mayor to sign Answer with regard to Complaint to Confirm Title: Intrepid Group, LLC vs. City of Ocean Springs, Mike Moore, Keith Miller, Chase Manhattan Bank, Richard Galloway, Christine Galloway, et al, Cause No. 2003-2126-PW (Parcel No. 61380017.000)
Fire Dept.:
e)
Allow Fire Chief to attend Homeland Security Meeting in
f)
Allow Fire Chief, Firefighters Richard Mays and Tony
Arceneaux, and Lt. Terry Webb to attend Incident Response to Terrorist Bombings
(IRTB) in
(Fire Travel Memo)
g)
Allow Fire Dept. personnel to attend WMD Training in
(Fire Travel Memo)
Public Works:
h)
Pay invoice from Graham Construction Co., Inc. ($450.20
– retainage) regarding sewer rehab work at 4200
(Graham Invoice)
i)
Pay invoice from Graham Construction Co., Inc. ($442.40
– retainage) regarding sewer rehab work at 4209
(Graham Invoice)
j)
Pay invoice from Graham Construction Co., Inc. ($176.10
– retainage) regarding sewer rehab work on
(Graham Invoice)
k) Authorize City Clerk to request proposals for engineering firm for sewer system rehabilitation project; authorize Selection Committee (Mayor, City Attorney, Alderman Jalanivich, Public Works Director) to evaluation engineering proposals; authorize Mayor to sign necessary amendments to Moran, Seymour & Associates contract dated December 4, 2003:
(Memo: Engineering Firm for Sewer Rehab Project)
Community Development & Planning:
l)
Authorize City Planner to attend Building and
Rebuilding Traditional Neighborhoods Seminar in
m) Accept City Planner’s recommendation to authorize extension of water/sewer service to proposed Oak Manor Estates (outside city limits) as conditioned in letter from Fritz Development, LLC, and that no approvals beyond sketch plat will be approved until infrastructure assessment has been completed and defined course of action is identified:
(Oak Manor Water/Sewer Letter)
n) Adopt 2003 Edition of International Building, Residence, Fire, Mechanical, Plumbing, and Fuel, Gas & Energy Conservation Codes and authorize City Attorney to draft amendments to necessary ordinances:
(Code Letter)
o) Release 50% of project retainage ($53,681.80) to Fletcher Construction Co., Inc. regarding Mary C. O’Keefe Cultural Center:
(Fletcher Retainage)
Mayor:
p) Authorize Mayor to engage Fountain CPA Group, P.A. for purpose of Sales Tax Audit:
(Fountain Proposal)
q)
Authorize Mayor to negotiate with City of
(Gautier/Sunplex Utilities)
Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Carvin, to recess the Regular Session and convene as the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
Alderman Jalanivich recused himself at this time.
Members of the Review Section Committee present were Angela Sanders and Danny Dubaz. Richard Schmidt, Ashley Hendren and Charles Rivers were absent.
(Harris/Harbor Landing Documents)
Motion by Cody, seconded by McDonnell, to
accept the recommendation of the Review Section Committee and grant a 5-ft.
height variance to Harbor Landing, LLC/David Harris for construction of a new
covered marina storage facility at
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
ABSENT AND NOT VOTING Members Schmidt, Hendren and Rivers
Motion by Lloyd, seconded by Cody, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
Motion by Gill, seconded by Carvin, to ratify the actions of the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
Alderman Jalanivich returned to the meeting at this time.
Motion by Jalanivich, seconded by Lloyd, to temporarily suspend the practice of charging connect/disconnect fees if the service has not yet been provided until such time as a revision has been made to the water ordinance and to authorize the City Clerk and City Attorney to review the current ordinance and report back to the Board with a recommendation for any needed changes.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.
Mayor Ainsworth noted that he had received several comments about the good job that the Police Dept. had done at the Peter Anderson Arts Festival.
The Police Chief reported that the City Planner was in the process of contacting a company to perform the three traffic studies on the agenda. The City Planner said that he would involve the Chamber of Commerce in the downtown parking study. Alderman Cody noted that the downtown area needed some designated handicap parking spaces and asked that the study look at the issue of off-street parking. He suggested the City possibly purchase some property downtown for parking purposes.
Motion by Cody, seconded by Gill, that the City Planner review off-street parking in the downtown area.
VOTING AYE ALL
VOTING NAY NONE
David Compton of Compton Engineering thanked the Board for allowing him the opportunity to work with the City.
The Public Works Director said that the three speed signs
purchased with the Governor’s Highway Safety Program funds had arrived and asked
for direction from the Board on where to install them. Alderman Dalgo suggested installing one on
Alderman Dalgo reported that the speed study performed on
The Public Works Director suggested the City obtain written proposals for dumpsters at Public Works and noted that at least one vendor had quoted a price with a savings of $10,000-$12,000 per year.
Motion by McDonnell, seconded by Dalgo, that the Public Works Director be authorized to obtain written proposals for dumpsters at Public Works.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director told the Board that he had just seen a copy of the following letter from Jimmy Lane concerning his proposed development in the Ocean Springs Urbanized Development District Area.
(Lane Letter)
He reminded the Board that they had commissioned an engineer to do an infrastructure study on water/sewer in the area and that the study was not yet complete. The City Planner stated that developers with proposed projects in that area had submitted letters agreeing that they would be responsible for all costs associated with providing city services to the area. He said he did not want to give Mr. Lane or anyone else a lot of approval to allow them to go forward with construction and then discover that the cost would be so significant as to make their property undevelopable and unprofitable. He wanted to be sure Mr. Lane went into the situation with both eyes wide open and that the City did also. He knew that there would be a possible 30 day delay of Mr. Lane’s project, but believed it would in the best interest of both the City and Mr. Lane.
Mr. Lane complained that he had deadlines to meet with his development and that the City Planner had suggested to the Jackson County Planning Commission that they table the project. He did not want the project tabled and asked that his request for preliminary plat be allowed to move forward. He said that he would not build until the City gave its permission to tie in to the water and sewer.
Alderman Lloyd asked David Compton of Compton Engineering if he was projecting 10 or 20 years ahead with the infrastructure study. Mr. Compton replied that it would be difficult to project that far into the future just by looking at current development, but told the Board that the infrastructure study, which was still underway, would automatically have some growth built into it.
Alderman McDonnell asked Mr. Lane if he could still proceed if the City did not give him water and sewer until all the calculations were received. Mr. Lane replied that at least he could get approval from the Jackson County Planning Commission to proceed at his own risk. Alderman McDonnell asked if he was willing to assume the risk. Mr. Lane replied that he was not going to build until he knew what the outcome of the study was and what his cost would be. He said, however, that if the current capacity was there, he should not have to pay for an upgrade.
Alderman McDonnell asked the City Attorney if the City was obligated to provide Mr. Lane’s development with water and sewer at this stage. The City Attorney replied that if the City Planner was going to lift any sort of hesitancy requirements, that he should set forth very clearly in writing to the Planning Commission precisely the limitations, the facts and circumstances, and the reason for his having asked for it and state that Ocean Springs could not commit at this time to the availability of water and sewer facilities in this area, but that it is currently under consideration. He added, however, if the Jackson County Planning Commission wanted to go forward with the study and the approvals of development, that they would be doing so with a clear understanding that there is no obligation on the part of the City of Ocean Springs to provide water and sewer.
Motion by McDonnell, seconded by Gill, to authorize the City Planner to proceed with the letter to the Jackson County Planning Commission clearly explaining that the City cannot commit to the availability of water and sewer service until after receipt of an infrastructure study, and to include a copy of all agreements signed by developers in the City outlining what requirements they are willing to meet, along with a copy of those requirements.
At this time discussion was held on the motion. The City Planner said that a significant review of the preliminary plat had not yet been made to give Jackson County comments from the City side. He reminded the Board that part of the agreement was that the development outside of the City would comply with all ordinances of the City, which also means they would build the roads, water/sewer line, lot sizes, etc. to the City’s standards. Mr. Lane said that lot size didn’t have anything to do with the agreement, as it was clearly left out. The City Planner stated that Mr. Lane was referring to the Ocean Springs Urbanized Area District, adding that he was basing his opinion on a letter provided by Mr. Lane whereby he agreed to pay for the extension of the services to his development and to comply with all ordinances of the city as well as several other items.
Mr. Lane stated that water, sewer and all infrastructures, as stated in his letter, would meet and/or exceed all of the City’s expectations. He noted that his zoning is above an R-1 for Jackson County, but meets R-2 zoning for the City. He said the main thing he wanted tonight was to be able to move forward with his approval process through Jackson County.
After hearing much discussion on the issue, Mayor Ainsworth called for the question, said vote being as follows.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that the quotes for the crawlspace vents at the Mary C. O’Keefe Cultural Center had come in above $10,000.00, but below the $15,000.00 required for sealed bids. He recommended awarding the quote to the low bidder, Fletcher Construction, in the amount of $10,900.00.
(Crawlspace Vents Quotes)
Motion by McDonnell, seconded by Jalanivich, to award the quote for crawlspace vents for the Mary C. O’Keefe Cultural Center to Fletcher Construction in the amount of $10,900.00.
VOTING AYE ALL
VOTING NAY NONE
(Germany Letter – delivery of brick pavers – Rotary Club)
Motion by Jalanivich, seconded by Gill, to authorize Public Works to deliver the 3,000 brick pavers to the west side of the Mary C. O’Keefe Cultural Center as requested by Carl Germany on behalf of the Rotary Club.
VOTING AYE ALL
VOTING NAY NONE
(Resolution – Expressing Concern Over Tremendous Volume of Imported Shrimp Coming Into United States and Detrimental Impact on Domestic Shrimp Industry)
Alderman Cody advised the Board that the cities of Gulfport, Biloxi and D’Iberville had passed the same resolution and said it was an attempt to regulate foreign shrimp coming in at prices so low that local shrimpers are being put out of business. He said his main concern was that the imported shrimp did not meet the same standards as local shrimp. Alderman Jalanivich said that he did not support the resolution and noted that shrimp boats had destroyed the grass beds inside the barrier islands. He said he would like to see a ban on shrimping inside the barrier islands until the grass beds were restored. Alderman Lloyd said that he would have to abstain from voting because he had no firm opinion on the issue.
Motion by Cody, seconded by Carvin, to adopt the above and foregoing Resolution.
VOTING AYE Aldermen McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
VOTING ABSTAINED Alderman Lloyd
The City Attorney informed the Board that as of October 1, 2003, he had become associated with the firm of Dogan, Wilkinson, Kinard, Smith and Edwards and introduced Attorney John Edwards, who would be sharing an office with him.
(MS Power Lighting Recommendation)
Motion by Cody, seconded by Jalanivich, to accept the recommendation of Mississippi Power to install one 150-watt high-pressure sodium light at each end of Shearwater Bridge.
VOTING AYE ALL
VOTING NAY NONE
(Emergency Purchase – Postage)
Motion by Dalgo, seconded by Gill, to approve the emergency purchase of postage in the amount of $1,604.00 for mailing of the water/sewer bills.
VOTING AYE ALL
VOTING NAY NONE
The Board agreed that all items listed under Old Business on the agenda would be held over until the next meeting.
Mike Teeter of the Mississippi Vietnam Veterans Memorial Committee thanked the Board for their support of the Memorial and presented the following recommendations for the walking track and restrooms to be constructed at the Civic Center site.
(Letter)
Mr. Teeter said that the committee felt the restrooms would take away from the Memorial and suggested locating them in the back near the parking lot. He also suggested moving the berm. He said that the Seabees had agreed to do the project and planned on using the spoils from the walking track to build the berm. He asked that the necessary public notice to advertised in the legal section of the newspaper in order that the Seabees might assist.
Motion by Jalanivich, seconded by Cody, to proceed with the request of the Mississippi Vietnam Veterans Memorial Committee with regard to the walking track project and recognize Park Superintendent Damien McKay as being in overall charge of the project.
VOTING AYE ALL
VOTING NAY NONE
The Fort Maurepas Commission’s issue of leasing Fort Maurepas was held over until the next meeting.
No one addressed the Mayor and Board of Aldermen at this time.
Motion by Jalanivich, seconded by Cody, to recess until 6:00 p.m. on November 5, 2003.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date