A Regular Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 6:00 p.m. on October 1, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
At this time Meagan Walters and Crystal Womack of the Ocean Springs High School Community Service Center gave an oral report and recommendations regarding the security problems at Fort Maurepas. Their recommendations included a silent alarm system and digital surveillance camera consisting of outside motion detectors with infrared beams for night.
City Clerk:
a) Approve Minutes of Recess Meeting of September 13, 2002
b) Approve Minutes of Special Call Meeting of September 24, 2002
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Accept Action Report
Police Dept.:
e) Accept resignation of Dispatcher Christina Carter, effective October 9, 2002, and authorize Police Chief to begin process to fill vacancy:
(Carter Resignation)
f) Accept resignation/leave of absence notice from Dispatcher Teresa Saunders, effective October 25, 2002, and authorize Police Chief to proceed with filling the vacancy:
(Saunders Resignation)
Public Works:
g) Pay invoice from Graham Construction Co, Inc. ($502.40 – retainage) regarding sewer rehab on Vancleave Ave.:
(Graham Invoice)
h) Pay invoice from Graham Construction Co, Inc. ($1,780.70 – retainage) regarding sewer rehab on Lafontaine:
(Graham Invoice)
i) Pay invoice from Graham Construction Co, Inc. ($338.40 – retainage) regarding sewer rehab on Bristol Blvd.:
(Graham Invoice)
j) Award biannual bid for Sewer Control Panels to Gulf Coast Pump & Equipment, Inc. at prices outlined in bid:
(Bids)
Community Development & Planning:
k) Accept proposed utility (sewer) easements for development of parcel 21 in Section 21-7-8 as requested by Henry Furr and cause him to have all necessary documents drafted for recording and conveyance:
(Easements)
l) Authorize application to Mississippi Dept. of Archives and History for 2002 Mississippi Landmark Grant Program (up to $300,000.00) for continuing rehabilitation of Mary C. O’Keefe Cultural Center:
(Grant Letter)
m) Authorize application to Mississippi Dept. of Archives and History for 2002 Mississippi Community Heritage Preservation Grant Program (up to $500,000.00) for continuing rehabilitation of Mary C. O’Keefe Cultural Center:
(Grant Letter)
n) Authorize Mayor and City Attorney to sign and execute all necessary documents for City to enter into agreement with Mississippi Development Authority (MDA) for $500,000.00 Capital Improvements Revolving Loan (CAP Loan) for improvements to Mary C. O’Keefe Cultural Center:
(CAP Loan Letter)
o) Accept Planning Commission recommendation to approve request of Earl Fayard to rezone property at 400 Front Beach Dr. from C-2 (Community Commercial District – Central Business District) to R-1A (Special Apartment Use District) and authorize City Attorney to draft an amendment to the Zoning Ordinance
p) Accept Historic Preservation Commission recommendation with regard to Certificate of Appropriateness (COA) for Jefferson Rogers at 516 Jackson Ave.:
(Rogers Documents)
City Attorney:
q) Pay invoice from Joseph Q. White ($75.00) for lien search regarding W. D. Bryan, Jr. easements for Eagle Point Sewer Project:
(White Invoice)
r) Reimburse City Attorney $20.04 for publication costs advanced regarding $950,000.00 Note validation:
(Reimbursement Letter)
Miscellaneous:
s) Accept Interlocal Agreement with Jackson Co. regarding Hanley Rd./Government St. Intersection Project and spread it upon the minutes:
(Hanley/Government Agreement)
Item o was removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Dalgo, to approve the Consent Agenda, excluding item o.
VOTING AYE ALL
VOTING NAY NONE
Motion by Carvin, seconded by Dalgo, to recess the regular session and convene as the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
Members of the Review Section Committee present were Angela Sanders and Ray Heddings. Richard Schmidt, Ashley Hendren and Danny Dubaz were absent.
(Rogers Documents)
Motion by Cody, seconded by McDonnell, to accept the recommendation of the Review Section Committee and grant a 20% variance to Jefferson Rogers for construction of an accessory structure at 516 Jackson Ave. with a total of 897 sq. ft. based upon the narrowness of the lot.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Schmidt, Hendren and Dubaz
(Pinto Documents)
Motion by McDonnell, seconded by Dalgo, to accept the recommendation of the Review Section Committee and deny the request of Peter Pinto for a rear yard setback variance at 617 Rue Maurepasant.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Schmidt, Hendren and Dubaz
Motion by Dalgo, seconded by Carvin, to adjourn as the full Zoning and Adjustment Board and resume the regular session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Carvin, to ratify the actions of the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.
The Police Chief recommended that the Board consider placing a curfew at some point before, during and after storms.
Motion by Cody, seconded by Carvin, to declare the City of Ocean Springs in a state of emergency and to take any and all actions necessary under the laws of the State of Mississippi and the ordinances of the City of Ocean Springs with regard to Tropical Storm Isidore and Hurricane Lilly, and to authorize the Mayor to take any and all necessary actions.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to appoint Andre Kaufman as Disaster Coordinator for Hurricane Lilly as well as for Tropical Storm Isidore.
VOTING AYE ALL
VOTING NAY NONE
Fire Dept.
Fire Chief Mark Hare, as Civil Defense Director for the City, reported on observations he had made after the last storm. He noted the lack of evacuations in low-lying areas in the City such as East Beach, Front Beach, the lower ends of Lovers Lane and Cumberland Rd., and the Eagle Nest/Eagle Point area. He wanted to make the public aware and encouraged the citizens in these areas to take heed to impending storms and evacuate.
The Public Works Director reported that over 4 ft. of water came over the Holcomb, Halstead and Weeks Bayou bridges during Isidore and asked that citizens evacuate in a timely manner for their safety and the safety of those called to rescue.
Motion by Jalanivich, seconded by Gill, that the Police Chief analyze the intersection of Hanley Rd. and Government St. and come up with a solution to put a patrol unit there between the house of 3:00 p.m. and 6:30 p.m., or whatever time is recommended, to control the traffic flow.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich asked that the invoice from B. L. Excavation be removed from the agenda.
Alderman Gill reported flooding problems at 1304 and 1307 Chalmette. He told the Board that when the easement behind the houses flood, the water backs up into the residents’ yards and floods a shed.
Motion by Gill, seconded by Jalanivich, to authorize the Public Works Director, City Engineer, Engineering Inspector, and City Attorney to review the situation at 1304 and 1307 Chalmette and report back to the Board with a remedy to the flooding problem.
VOTING AYE ALL
VOTING NAY NONE
Alderman Gill also reported a flooding problem at the newly developed lot and house at 3026 Trentwood Dr. He told the Board that when the lot floods, it matches the level of the ditch in back of the lot.
Motion by Gill, seconded by Jalanivich, to authorize the Public Works Director, City Engineer, Engineering Inspector, and City Attorney to review the situation at 3026 Trentwood Dr. and report back to the Board with a remedy to the flooding problem.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that the cost of recovery for Tropical Storm Isidore was $272,000.00, including facilities and infrastructure, and that federal monies were being requested for reimbursement for items not covered by insurance such as sewer problems, the Weeks Bayou Bridge (handled by Jackson County), etc. He added that Charles Cook, who is the head of the coast delegation from MEMA, would be combining Tropical Storm Isidore and Hurricane Lilly into one event should Lilly hit the Mississippi Coast. He asked that the Board survey their wards and report any damage that may have been missed so reimbursement could be sought.
Mr. Kaufman also reported that manhole covers were being removed by unauthorized persons for the purpose of draining water from the streets, which resulted in sewer backups in some neighborhoods. He suggested that anyone caught should be prosecuted. He added that some residents were removing their sewer clean-out pop-off valve, not realizing the impact it was having on the sewer system and the additional cost charged by Gulf Coast Regional Wastewater Authority for treating the rainwater.
Motion by Dalgo, seconded by Lloyd, to authorize the City Attorney to assess the current ordinances with respect to existing penalties for draining rainwater from yards and streets into the City sewer system and report back to the Board with a recommendation as soon as possible on any changes that need to be made and to double the fines.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that the RFP’s for engineering services and the evaluation study for the sewer inspections and rehab must be readvertised because the City has to put out bid specs and solicit minority contractors.
The Board asked that Mayor Ainsworth send a letter of appreciation to Supervisors Leach and McKay for the good job Jackson County crews did in opening up Front Beach following Isidore.
Alderman Jalanivich recused himself at this time.
Discussion was held regarding item o of the Consent Agenda. The City Planner reported that the Planning Commission had considered Mr. Fayard’s request to rezone his property at 400 Front Beach Dr. from C-2 to R-1A at their September 10, 2002, meeting and had voted to recommend approval of the zoning change.
(Fayard Documents)
Mayor Ainsworth stated he had received the following petition and presented it to the Board for their consideration.
(Petition – Adjacent Property Owners)
Alderman McDonnell asked that the Friends of Front Beach and residents in the area who were present be allowed to speak. Mayor Ainsworth stated he would allow them to speak, but that their comments should be brief. He allowed Mr. Fayard to speak first.
Earl Fayard told the Board that he had notified the City by letter on June 26, 2002, that the Public Land Trust had made an offer to buy his property and that the offer was short of his asking price; he received no response from the City. He stated that he had sent another letter to the City on July 1, 2002, asking the City if it wanted to come up with the price difference and gave a time limit of 90 days for the City to respond. Mr. Fayard stated he never received a reply from the City and advised the Board that the 90-day offer ended at the end of the night. He reminded them that the majority of the Board members stated that if he brought them a bonafide offer and they didn’t have to give any variances, that they would approve his request. He asked that he be allowed to sell his property and develop it if the City did not want to move forward with an offer on the property.
Steve Blasingame of Jackson Ave. felt that the only zoning appropriate for property south of the seawall was public and did not feel that an adequate reason for the rezoning was given. He was concerned that it would set the wrong trend for development in historic districts and asked that the Board work with Mr. Fayard to zone the property public.
Diane Ehrman showed a brief video of the flooding that occurred on Front Beach and at the property due to Tropical Storm Isidore, citing the water mark was four blocks up on the side of the Ocean Springs Seafood building. She showed debris from the business that had washed up on Porter Ave. by the convenience store. She expressed concern for potential loss of life during a major storm if R-1A usage was allowed on the property.
Bruce Tolar of 3116 Breezyhill Lane reminded everyone that the only issue before the Board was a rezoning request from the property owner, and that if the property was not rezoned, any C-2 business could locate on the property without approval from the Board. He felt the current zoning was not serving the community and stated that the Planning Commission and City Planner had recommended approval. He asked that the Board that their recommendation into consideration when making their decision.
Cheri Hanemann of 305 Front Beach Dr. said that the City had helped build the land with concrete and asphalt, and that it was an extension of a city street and a gigantic commercialization of land.
Jackie Charbonnet of 513 Front Beach Dr. was concerned that if the zoning change were allowed, other Front Beach property owners would be able to rezone their property R-1A also. Mr. Charbonnet told the Board that his property extended all the way to the water’s edge and must be allowed access to the public beach.
Arthur Karels was concerned that the City could be liable for allowing residential development south of the seawall should the development sustain substantial damage. He stated he had sent two letters to the Army Corps of Engineers requesting their input, but had not yet received a response. He compared the property to waterfront areas of Gautier and Fountainbleau that have suffered erosion. He felt the property should be zoned public and was concerned that there was no guarantee about what would be developed there.
Howard Smith of 201 Front Beach Dr. pointed out that the property was in a very low area. He added that although R-1A was a higher use than C-2, public use was even higher.
Jerry Eisler of 527 Front Beach Dr., No. 42, stated that a good portion of the rear of the property was filled in with oyster shells and dry fill; he though that if the property had not been zoned since it was created, it would automatically be zoned public. He felt the public way had been interrupted and that there should be a way to go around the property. He encouraged the City to take on option on the property.
Maureen Hudacheck of Jackson Ave. was concerned for the lack of interest she said was shown by the Planning Commission members present at the September 10, 2002 meeting. She wanted to prevent other Front Beach residents from changing their zoning if it was requested.
Diane Ehrman invited the Board to take the opportunity to sit down with Mr. Fayard and the National Trust for Public Land and come to an agreement on a price.
Alderman Cody asked the City Planner if he anticipated a decrease in traffic compared to a commercial traffic use and his response was “yes.” He then asked about what the building requirements would be if the property were rezoned. The City Planner explained that any construction would have to meet strict requirements such as flow through walls and emergency stays that would stand up to a category 4 storm.
Alderman Lloyd asked the City Attorney if Mr. Fayard could continue to operate his business if the property were rezoned because it was grandfathered in and his response was “yes.”
Mr. Fayard told the Board that the original zoning was R-1A and that it had been changed to C-2. He stated that the property would just be reverting back to its original zoning.
Alderman McDonnell told the Board that the rezoning appeared to be a good idea at face value, however, he noted that there were only three voting members present as the Planning Commission meeting. He stated that there was an elected official involved and that there was no wrongdoing or impropriety on the part of Alderman Jalanivich or any other elected official that he knew of. He was concerned about the precedent that the rezoning would set and stated that several properties on Front Beach should be entitled to R-1A zoning also. He was concerned about the density and character changes that would be brought about in that part of town. He added that Mr. Fayard had been negotiating with the Trust for Public Land and that if the deal could still be done, they could increase their offer to the appraised value of $1.3 million based on current zoning; the Public Land Trust won’t interfere with the sale of the property. He explained that if the current deal falls through or Mr. Fayard changed his mind, the Trust for Public Land would still be willing to discuss the property. He reminded everyone that the Ocean Springs beach was unique in comparison to other beaches along the coast in that there is no commercial establishments on the beach side. He felt that development of the property for public use could be tied back to Fort Maurepas and could be beneficial for the City. He felt it should not be rezoned R-1A and should be returned to public land.
Motion by McDonnell, seconded by ___________, to deny the request to rezone the property at 400 Front Beach Dr. to R-1A.
THE MOTION DIED FOR LACK OF A SECOND.
Motion by Cody, seconded by Carvin, to accept the Planning Commission’s recommendation to rezone the property at 400 Front Beach Dr. from C-2 to R-1A.
VOTING AYE Aldermen Lloyd, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman McDonnell
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
Alderman Jalanivich returned to the meeting at this time.
At this time Mayor Ainsworth opened the lot cleaning hearing regarding 328 Teringo Circle. The City Clerk reported that she had received no written communication from the property owner. Neither the property owner nor a representative was present for the hearing. Mayor Ainsworth then declared the hearing closed.
(Letter re: 9200 Ocean Springs Rd.)
Motion by Jalanivich, seconded by Cody, to begin the lot cleaning process on 9200 Ocean Springs Rd. and 5316 Culeoka Dr., and schedule the hearings for November 5, 2002.
VOTING AYE ALL
VOTING NAY NONE
(Tree Invoice)
Motion by Dalgo, seconded by Carvin, to accept the City Planner’s recommendation to pay the invoice from The Secret Garden in the amount of $2,725.00 for trees purchased under the Urban Youth Corps Grant.
VOTING AYE ALL
VOTING NAY NONE
Alderman Gill was temporarily absent at this time.
(Eco-Systems Invoice)
Motion by Jalanivich, seconded by Carvin, to accept the City Planner’s recommendation to pay $4,191.97 of the $5,779.57 invoice from Eco-Systems, Inc. for work performed regarding Finicky Pet Foods, Inc. and to pay the remaining $1,587.60 due when the final report has been received.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
Alderman Gill returned to the meeting at this time.
(Letter – Employee Group Health Insurance)
Mark Barhanovich reported a 31% increase in premium for renewal of employee group health insurance with no plan changes. He explained that by accepting Option 4 with a minor reduction in benefits, the City would reduce the renewal increase to 15%. He stated the he was optimistic that benefits could be upgraded if the loss ratio is lower once Blue Cross Blue Shield has reviewed the claims history for September and October 2002.
Alderman Lloyd asked why the insurance had not been put out for bids. Mayor Ainsworth stated that it was the wishes of the department heads and employees to remain with Blue Cross Blue Shield due to some bad experiences with previous companies, and that he had talked with Ms. McDonnell and had made the decision to stay with Blue Cross Blue Shield. Mr. Lloyd stated that his preference was to put all the insurance out for bid every year because it was a large amount of money and had thought it was what the Board had wanted to do. Mayor Ainsworth stated they had it in their plans to definitely bid it next year.
Mr. McDonnell thanked Mr. Barhanovich for the amount of time he spent on the account and doing the legwork, and for providing his assistance to Lemon-Mohler Insurance Agency in securing insurance for the Mary C. O’Keefe building.
Motion by Cody, seconded by Gill, to accept the recommendation to renew the employee group health insurance with Blue Cross Blue Shield of Mississippi, taking Option 4, but leaving it open to upgrade plan benefits somewhere between the proposed plan and the current plan if possible.
VOTING AYE ALL
VOTING NAY NONE
ORDINANCE NO. 7 - 2002
AN AMENDMENT TO THE CODE OF ORDINACES,
CITY OF OFCEAN SPRINGS, DELETING A
ONE-WAY STREET FROM ITS ONE-WAY STREETS
Motion by Cody, seconded by McDonnell, to adopt the above and foregoing Ordinance.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Cody, to request a lighting study at 110 Ethel Circle.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that he and the City Clerk had talked with three different firms about providing payroll services for the City. He stated that for one reason or another two of the companies had declined to provide a proposal. He added that nothing could be worked out with the other company because they wanted personnel to leave City Hall and come to their office. He stated that their program was also not compatible with the City’s AS400 computer. He recommended hiring a full-time payroll clerk and doing the payroll in-house.
Alderman Jalanivich suggested making payroll a separate department and making the payroll clerk a department head. Alderman Cody felt the position should remain under the City Clerk. He noted that the salary would need to be increased if the position was established as a department head. Alderman McDonnell suggested waiting until the position was advertised, and if there was a candidate who really understood municipal payroll, computers, and the many things that go into payroll, that the Board might want to increase the pay because the person might be able to do other services. Alderman Lloyd stated that he felt a one-person department head was ridiculous. Alderman Gill suggested putting payroll under the Human Resource Director so there would be two people in that department. The City Clerk stated she had no problem with putting payroll under the direction of the Human Resource Director if that was the Board’s wishes. She added that she would be happy to cooperate and would transfer all of the records in the morning. Mayor Ainsworth recommended keeping the payroll clerk under the direction of the City Clerk.
Motion by Dalgo, seconded by Carvin, to accept the Mayor’s recommendation to hire a full-time payroll clerk and accomplish payroll in-house, and to give the Mayor the discretion to modify the arrangement as he sees fit.
VOTING AYE ALL
VOTING NAY NONE
The audit management letter, a security system for Fort Maurepas and the report on CLG grant funds were held over until the next meeting.
(Municipal Compliance Questionnaire for FYE 2002)
Motion by Cody, seconded by McDonnell, to adopt the Municipal Compliance Questionnaire for FYE 2002 as presented.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to take the remaining money from each ward, not to exceed a total of $10,000.00, to help to build a base for the mast of The Mississippi at the Mississippi Vietnam Veterans Memorial, contingent upon it being legal.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Dalgo and Gill
VOTING NAY Aldermen Lloyd and Carvin
Motion by Jalanivich, seconded by Lloyd, to authorize the
Mayor to contact the
VOTING AYE ALL
VOTING NAY NONE
Doug Denehie asked that signs be installed at the harbor so that boats entering or exiting would have the right of way, and to impose a fine for improper parking.
Motion by McDonnell, seconded by Cody, to authorize the Police Chief to report back to the Board with a recommendation regarding signage and any adjustments in fines regarding parking violations at the harbor.
VOTING AYE ALL
VOTING NAY NONE
The Police Chief reported he and the Public Works Director had been meeting with the harbormaster to address those issues. He stated that he had provided some ideas for street striping and for signage in that area, and that they were in the process of working in conjunction with Jackson Co. for more stringent enforcement rules.
Mr. Denehie also asked for the Board’s assistance in having the lights at Freedom Field turned on at night for soccer practices.
Motion by Dalgo, seconded by Cody, to get with the Parks Director and the Park Commission as soon as possible to get the soccer field lit up at night for practices and to determine what it would take and what it would cost to do it.
VOTING AYE ALL
VOTING NAY NONE
Linda Bell of Parktown East Subdivision complained about having to bail her toilets because of sewer backup problems and asked that something be done to correct the situation. Several other residents from the area were present with the same complaints. They told the Board that City workers had come to check on the problem and told them they would have to take their sewer caps off. Mayor Ainsworth stated he would get with the Public Works Director about the problem.
Motion by Carvin, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss personnel in all departments.
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 personnel in all departments.
The Executive Session began at 9:00 p.m. Alderman Carvin left the meeting at 9:10 p.m. The Human Resource Director was called into the Executive Session at 9:15 p.m. and the City Attorney joined the Board at 9:25 p.m., both remaining until the Executive Session ended at 9:30 p.m.
Motion by McDonnell, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Alderman McDonnell reported that one resident was holding up the Shearwater Bridge project. Mayor Ainsworth stated that public hearings were required through the DMR and the Coast Guard before permits could be issued, which would delay the process until the beginning of November. The City Attorney suggested Shae McNease of Batson & Brown Engineering contact the Coast Guard and ask if they have any jurisdiction over the old bridge being taken down; if not, the City could proceed with that part of the project until the necessary hearings were held.
Motion by McDonnell, seconded by Lloyd, to request in writing that the Highway Dept. reconsider their plans to construct the Highway 90 medians in solid concrete and ask that they go back to medians with as much green space as possible.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Motion by Jalanivich, seconded by Gill, to recess until 6:00 p.m. on October 2 2002.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
______________________________ _____________________________
City Clerk Mayor
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