A Recess 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 November 19, 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.
Boy Scout Trey Denham led the Pledge of Allegiance.
City
Clerk:
a) Approve Minutes of Regular Meeting of November 5, 2002
b) Approve Minutes of Recess Meeting of November 6, 2002
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Allow City Clerk to attend 2002 Municipal Clerk Certification Update Program in Jackson on December 4-6, 2002, prepay $75.00 registration fee and pay all other reasonable and actual expenses
e) Allow Pamela Cox and Paul Rivers to attend 4th Quarter Meeting of Mississippi Association of Governmental Purchasing/Property Agents in Hattiesburg on November 20, 2002, and prepay the registration fee of $15.00 per person
f) Hire Patty A. Gaston as Payroll Clerk, effective December 2, 2002, at Band 5/Step 1 ($11.95 hr.), contingent upon successful completion of all pre-employment requirements:
(Gaston Hire Letter)
Public Works:
g) Approve transfer of Robert Bang from Sewer Dept. to Street Dept., transfer Danny Harris from Street Dept. to Water Dept., and hire Mark Cartwright as Tractor Operator in Street Dept. at Band 2/Step 3 ($9:05 hr.), contingent upon successful completion of all pre-employment requirements:
(Bang and Harris transfer/Cartwright hire letter)
h) Allow Scott Smajd to attend National Fluid Power Institute School in New Orleans on December 3-5, 2002, prepay the $985.00 tuition and pay all other reasonable and actual expenses
i) Pay invoice from Graham Construction Co., Inc. ($1,380.60) regarding sewer repairs at 100 Hunter Dr.:
(Graham Invoice)
j) Pay invoice from Graham Construction Co., Inc. ($245.50 - retainage) regarding work performed on Desoto St.:
(Graham Invoice)
k) Pay invoice from Graham Construction Co., Inc. ($1,927.30 – retainage) regarding work performed on Carolyn Dr.:
(Graham Invoice)
l) Pay invoice from Graham Construction Co., Inc. ($1,611.00) regarding sewer repairs on Halstead Rd.:
(Graham Invoice)
m) Pay invoice from Graham Construction Co., Inc. ($640.80) regarding sewer repairs on Bienville Blvd. (Service Rd.):
(Graham Invoice)
n) Pay invoice from Graham Construction Co., Inc. ($1,352.25) regarding sewer repairs on Culeoka (force main):
(Graham Invoice)
Community Development & Planning:
o) Accept Building Report for October 2002
p) Adopt Resolution Determining Necessity for Lot Cleaning – 9200 Ocean Springs Rd.:
(Lot Cleaning Resolution)
q) Adopt Resolution Determining Necessity for Lot Cleaning – 5316 Culeoka Dr.:
(Lot Cleaning Resolution)
r) Accept recommendation to grant building permit to Louis W. Breland for 20’x15’ boathouse and 400 ft. bulkhead at 1310 Cove Street:
(Breland Documents)
s) Accept Historic Preservation Commission recommendations as follows:
1. Wilma A. Bosco/Sylvia A. Bosco – approve COA for 509 Front Beach Dr.:
(Bosco COA)
2. Dreaux Seghers – approve COA for 1102 I’berville Dr.:
(Seghers COA)
t) Accept Planning Commission recommendations as follows:
1. Nicholas Philips Management, LLC – approve Lot Split on Hwy 90 east of Deana Rd. for proposed Tire King:
(Philips Management Documents)
2. Keith Rhodes – approve lot split for Lot C, Rhodeside Subdivision for proposed O’Reilly Automotive:
(Rhodes Documents)
3. Billy Cruthirds – deny use permit/special exception and/or zoning change from R-1 to R1-A at 612 Cleveland Ave.
City
Attorney:
u) Pay City Attorney’s bill for October 2002 ($5,692.50)
Items a, b, f and t3 were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Carvin, to approve the Consent Agenda, excluding items a, b, f and t3.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich stated that items a, b and f were removed from the Consent Agenda in error.
Motion by Jalanivich, seconded by Carvin, to approve items a, b and f of the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.
The Police Chief asked that Doug Well’s item regarding service weapon be held over until the next meeting.
Motion by Dalgo, seconded by Cody, to hold over Doug Well’s item, service weapon, until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer confirmed that the wording on the plaque for the Fort Bayou boat ramp would be “Percy Miller Marine Education Park,” and reported that the estimated cost of the plaque was $2,700.00. He stated that he would try to apply the cost to the grant, but did not know if it was possible.
Motion by Lloyd, seconded by Jalanivich, to approve $2,700.00 for the purchase of a plaque and that the City pay the cost if it couldn’t be included as part of the grant cost.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to authorize the City Attorney to work with the City Engineer to get the problems with Kappa Development and Government St. resolved.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that he had found some Surface Transportation grant monies to fund the lighting of Hwy 90 from Reilly Rd. to Hwy 57. He stated that the cost would be $116,000.00, with the City’s contribution being $20,000.00, and that the application needed to be filed in January 2003.
Motion by Gill, seconded by Jalanivich, to allow the City Engineer to apply for grant funds to light Hwy 90 from Reilly Rd. to Hwy 57.
VOTING AYE ALL
VOTING NAY NONE
Alderman Gill reported that the Park Commission was building a park on Nottingham Rd. in Fort Bayou Estates Subdivision and that some drainage concerns needed to be addressed before they began.
Motion by Gill, seconded by Jalanivich, to allow the Public Works Director, Engineering Inspector, and City Engineer if needed, to review the drainage concerns at the proposed Fort Bayou children’s park.
VOTING AYE ALL
VOTING NAY NONE
Bruce Tolar, developer of Mimosa Cove Subdivision, told the Board that he was trying to resolve the problems in Mimosa Cove and was hiring an outside consulting engineer to review the issue and provide an opinion. The issue was held over until the next meeting.
Mayor Ainsworth reported that money had been found for the water extension on the north side of Hwy 90. The City Engineer had prepared a cost estimate totaling $303,146.00 to run a 12” water line down the north side of Hwy 90 from Lakeview Subdivision to St. Paul’s United Methodist Church. Alderman Jalanivich suggested saving money by renting the necessary equipment and using public works crews to run the line, but the Public Works Director told the Board he did not have enough manpower to do the job. Alderman Cody suggested getting a composite crew from all of the public works departments to prepare for the line and use the water department crew to do the hookup, hiring additional employees on a temporary basis if necessary. The City Engineer stated that he had submitted the design to MDOT and the Health Dept. for approval, and that if the Public Works Director could get a breakdown of the material cost, he could determine what the labor cost would be. Dr. Chris Duke, on behalf of St. Paul’s Church, told the Board that sewer was not an issue at this time and that they were mainly concerned with the water.
Motion by Cody, seconded by Jalanivich, to authorize the Public Works Director to lay the water line on the north side of Hwy 90 from Lakeview Subdivision to Hwy 57 and come back with a plan at the December 3, 2002, meeting, and to authorize the City Clerk to advertise for the necessary pipe and materials for the project.
At this time discussion was held on the motion. Alderman Dalgo felt that the Board needed to find a way to pay for the project before authorizing the pipe to be laid. The Public Works Director estimated a cost of $200,000.00 for materials only. Mayor Ainsworth reported that there were funds available from the ending cash balance in the Water Enterprise Fund. The City Clerk told the Board that a budget amendment would be necessary before money was obligated for the project. Alderman McDonnell asked if a special assessment could be charged to anyone tying into the line. The City Attorney replied that the special assessment process was lengthy and had to be done before the improvements went in; he did not think it was viable for this project. Alderman Dalgo wanted to know the cost of the project before supporting the motion. After hearing all discussion, Mayor Ainsworth called for a vote, said vote being as follows.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody and Gill
VOTING NAY Aldermen Lloyd, Carvin and Dalgo
Motion by Gill, seconded by Carvin, that within the next two days, the Public Works Director develop a cost figure and labor cost to do the job and that the City Engineer give a breakdown of the $305,000.00 cost to do the job.
VOTING AYE ALL
VOTING NA NONE
Motion by McDonnell, seconded by Cody, to authorize the City Clerk to get with the City Engineer for specifications on the materials and place the advertisement to find out what it would cost.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Dalgo, to ask Mississippi Power Co. and Singing River EPA to perform a lighting study on Deena Rd. and come back to the Board for approval.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Gill
VOTING NAY Dalgo
Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss potential litigation and possible land acquisition.
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 potential litigation and possible land acquisition.
The Executive Session began at 8:15 p.m. The City Attorney was present during the Executive Session and was later joined by the City Engineer. The Executive Session ended at 8:50 p.m.
Alderman Lloyd was temporarily absent at this time.
Motion by Jalanivich, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Lloyd
Alderman Lloyd returned to the meeting at this time.
At this time item t3 of the Consent Agenda was brought up for consideration.
The City Planner reported that the Planning Commission had recommended denial of Billy Cruthirds’ request concerning 612 Cleveland Ave. He told the Board that Mr. Cruthirds was present with his attorney, as well as members of the neighborhood with their attorney who wished to speak. Mayor Ainsworth entertained any motions of the Board before discussion began.
Motion by McDonnell, seconded by Lloyd, to accept the Planning Commission’s unanimous recommendation, along with the City Planner’s recommendation, to deny the zoning change and special use exemption from R-1 to R-1A at 612 Cleveland Ave.
Much discussion was held on the motion. Margaret Godsey of 502 Martin Ave.
presented pictures of the Cruthirds’ house and cottage and complained of garbage
cans, bicycles and storage items being left out in the open. She also complained that Mr. Cruthirds
cut a neighbor’s cane to erect a power pole for the cottage, which reduced the
neighbor’s privacy. She told the
Board that the Cruthirds’ had not demonstrated a financial hardship due to Mrs.
Cruthirds’ illness as she had good insurance at no cost through her employer,
the
Jim Halliday, attorney for the neighbors, told the Board that there was a legal opinion from the City Attorney, a professional opinion from the Planning Director and the unanimous vote of the Planning Commission for denial. He stated that if the Board voted in violation of existing laws, they would be violating federal law with an improper and illegal taking of part of the value of the Godsey’s property as well as their neighbors’. He added that there was no evidentiary or factual basis to lawfully vote to allow the rezoning and that the Board’s only option was to accept the petition filed and require Mr. Cruthirds to correct the deficiencies on his property in violation of city, state and federal constitutional laws.
Earl Denham, attorney for the Cruthirds, referred to the Comprehensive Plan adopted by the Board and read aloud the sections of the plan that referred to in-fill growth. He argued that what Mr. Cruthirds had done was create in-fill development, which consisted of taking an existing piece of property in a mature area such as the old district in Ocean Springs and using it for new development. He continued that in-fill development, according to the plan, creates more affordable development since it uses existing infrastructure, and by using land in a mature area, could reduce the demand for housing in undeveloped areas that require new services and would reduce the cost to taxpayers. He pointed out that Mr. Curthirds had never told the Board that they did not have insurance, but that their insurance was not meeting the needs of his family and the medical needs of his wife.
Walterine Redding of 608 Cleveland Ave. argued that the Cruthirds did not have sufficient room for the structure. Mr. Denham countered that the shed had been there since 1986 and that all Mr. Cruthirds did was refurbish the building. Alderman McDonnell asked the City Attorney if it was necessary to invoke the petition for a supermajority on the rezoning issue since the motion on the floor was not in favor of the rezoning. The City Attorney responded that it was not necessary and that a simple majority would decide the issue. Alderman McDonnell stated that he, Alderman Jalanivich, the City Planner and City Attorney had met with Mr. Cruthirds and discussed his original intentions with the property and his hardship. He added that he had also discussed the issue with the adjoining neighbors. He stated that although they had compassion for Mr. Cruthirds’ situation, the law did not give the Board the leeway to make exceptions and that the law must be upheld. Alderman Jalanivich stated that he would support Mr. Cruthirds because it felt it was within the confines of the law. After hearing much discussion on the issue, Mayor Ainsworth called the question and the vote was as follows:
VOTING AYE Aldermen Lloyd, McDonnell, Dalgo and Gill
VOTING NAY Aldermen Jalanivich, Cody and Carvin
The motion carried.
(Planning Commission/Godsey/Redding Documents)
Motion by McDonnell, seconded by Dalgo, to spread the recommendation from the City Attorney, City Planner and Planning Commission upon the minutes, and to include the petition from neighborhood residents, as well as any and all materials presented to the Board.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to hold over the issue regarding a COA for Robert Jones at 418 Ruskin Ave. until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
(Hire COA – 1410 Bowen Ave.)
The City Planner stated that Alice Hire wanted to replace her dilapidated existing wood fence that runs north/south from Bowen southerly with a green chain link fence. He reported that the Historic Preservation Commission had recommended denial of the request because a chain link fence is not supposed to be used in the front part of the yard according to the Historic Preservation Guidelines.
Motion by Jalanivich, seconded by Cody, to override the recommendation of the Historic Preservation Commission and allow Alice D. Hire to install a green chain link fence at 1410 Bowen Ave. as requested.
At this time discussion was held on the motion. Mrs. Redding, Mrs. Hire’s daughter, told the board that the front part of the picket fence was a newly acquired addition that was erected less than 10 years ago and that the fence built by her great-great grandfather did not even extend halfway along the property line. She added that a hog-wire fence also existed that could not be seen because it was covered with vines. She stated that she intended to take down her grandfather’s fence, salvage it and hopefully recreate the picket at a later date, but to do so now would create a financial hardship. She expressed concern for her elderly mother’s safety because of the two large Labradors that lived next door. After much discussion Mayor Ainsworth called for the question and the vote was a follows.
VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman McDonnell
Alderman Jalanivich recused himself at this time.
(Fayard/Tolar COA)
The City Planner reported that Earl Fayard had come before the Historic Preservation Commission to have the structure at 400 Front Beach Dr. demolished. He stated that the Historic Preservation Commission recommended denial of the request because the applicant had not submitted a proposal of what the future utilization of the property would be. Mr. Fayard told the Board that he had no future plans for the property, which was under contract for sale. Bruce Tolar told the Board that he was advised by his attorney not to present detailed plans for his development until they were finalized and the property belonged to him. Alice Duckett, chairperson of the Historic Preservation Commission, referred to an excerpt from the Historic Preservation Ordinance concerning demolition of a landmark or resource within a historic district. Mr. Tolar argued that the structure was not a landmark and that the term “resource” was not defined in the ordinance. He referred to the portion of the ordinance that stated a certificate of appropriateness should not be denied if it would jeopardize the owner’s legitimate right to earn a reasonable return from his investment in the landmark, landmark site or resource located within the historic district, all factors considered. The City Attorney felt that the structure was not a landmark or resource to the district. Mr. Tolar told the Board he would reveal his plans as soon as he had ownership of the property. Mr. Fayard stated that he was willing to provide plans of what he would be putting there; it would be nothing but a vacant lot.
Motion by Lloyd, seconded by Cody, to override the Historic Preservation Commission’s denial of a COA to demolish the building on the Fayard property at 400 Front Beach Dr. and to grant a COA for demolition of the building.
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.
The agenda item, speeding up the lot cleaning process, was held over until the next meeting.
Motion by Dalgo, seconded by Cody, to table the issue of impact fees.
VOTING AYE ALL
VOTING NAY NONE
Alderman Dalgo was temporarily absent at this time.
(Mississippi Power Co. Encroachment Agreement – Sunplex Utility System)
Motion by Carvin, seconded by Cody, approve the Mississippi Power Co. Encroachment Agreement regarding the Sunplex Utility System and authorize the Mayor to sign said agreement on behalf of the City.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Dalgo
Alderman Dalgo returned to the meeting.
Gloria Skillstead, on behalf of the Fort Maurepas Society, presented the following mission statement and asked that the Board not confuse their organization with 1699, which is about pageantry.
(Mission Statement)
Motion by McDonnell, seconded by Jalanivich, to spread the mission statement presented upon the minutes as the official mission statement of the Fort Maurepas Society.
VOTING AYE ALL
VOTING NAY NONE
Damian McKay reported that the Park Commission was waiting for information from Mississippi Power Co. before proceeding with repairs to the lights at Freedom Field.
The purchase of land for Ocean Sports Gym was held over until the next meeting.
Alderman Jalanivich reported that the Park Commission had the opportunity to lease some property on Groveland Rd. for temporary soccer and football fields until the new fields were in order. He stated that the property was already cleared and just needed grubbing, parking and lights. He added that the Park Commission would take the lights when they left. The Board asked Alderman Jalanivich to submit a cost estimate for their consideration and the issue was held over until the next meeting.
(Mayor’s Letter re: Civil Service appointment)
Motion by Cody, seconded by McDonnell, to reappoint Denise Jones to a six-year term on the Civil Service Commission ending November 30, 2008.
VOTING AYE ALL
VOTING NAY NONE
Walt Dye told the Board that his wife had served on the original Historic Preservation Commission who developed the ordinance and remarked that the ordinance should be used as a guide and not a bible.
Motion by Jalanivich, seconded by Cody, to allow the Public Works Director to work with the City Attorney to see what could be done with the force main at Sunplex.
At this time discussion was held on the motion. Alderman Jalanivich told the Board that the Wastewater Authority intended to hook up Pinehurst, St. Andrews, and possibly Gautier, to the Sunplex system, which would come to Groveland Rd. and Bechtel. He said that he wanted the City’s problems with the sewer system fixed before any more sewage was distributed into Ocean Springs’ sewer system. Alderman McDonnell requested that Brad Bradford, the City’s representative on the Wastewater Authority Board, be invited to the next meeting to address the issue. Mayor Ainsworth called for the question and the vote was as follows.
VOTING AYE ALL
VOTING NAY NONE
Kirk Halstead asked that the Board make a decision regarding the issue of impact fees, as holding off on the issue was stopping commerce in Ocean Springs.
Alice Duckett thanked the Board for their support of the Mary C. O’Keefe Center and the grants they requested from the Dept. of Archives and History. She offered fundraising calendars to the Board members for $10.00, or a membership and calendar for $15.00.
At this time Alderman McDonnell asked Alderman Carvin to consider taking a leave of absence from the Board while his legal matters persisted due to continued negative publicity the City was receiving. In response Alderman Carvin read aloud the following prepared statement:
(Carvin Statement)
Motion by Jalanivich, seconded by Gill, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date