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) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
c) Accept Action Report
d)
Accept depository proposal amendment/clarification from
Coast Community Bank dated
(Depository Memo)
Police Dept.:
e) Accept Police Reports for September, October and November 2002
f)
Accept resignation of Det. Patrolman Douglas Nelson,
effective
(Nelson Resignation)
Fire Dept.:
g) Accept Fire Report for December 2002
h)
Place Firefighter Stacy Carpenter on full-time status,
effective
(Carpenter Probation Memo)
i) Recognize Employee Performance Review Form as official document used for Fire Dept. employee evaluations:
(Review Form)
City Engineer:
j) Approve Supplemental Agreement #1 (participating) for Holcomb Blvd. and Hwy 90 Improvements, STP-9069-00(002), at an approximate cost of $61,334.00 (Federal funding increase):
(Holcomb Project Supplemental Agreement #1)
Public Works:
k)
Pay invoice from Graham Construction Co., Inc.
($4,026.60) regarding sewer repairs at 3252
(Graham Invoice)
l) Retain Compliance Enviro Systems, LLC to perform sewer system evaluation and authorize Mayor to execute necessary paperwork:
(Sewer System Evaluation Proposal Memo)
m)
Allow John Russell and Ronnie Brown to attend
Mississippi Water and Pollution Control Operator’s Association Annual Short
Court in
Community Development & Planning:
n) Adopt 2002 Edition of National Electrical Code and authorize City Attorney to draft ordinance adopting the code
Risk Manager/HR Director:
o) Accept quote from Scott Insurance Agency for $500.00 Comp and Collision Deductible on the following vehicles and pay annual premiums: (1) 11 leased police vehicles - $8,464.00; (2) Mayor’s vehicle - $798.00; (3) 2 police vehicles - $1,318.00:
(Vehicle Insurance Memo)
City Attorney:
p) Pay invoices from Ralph P. King, II and Associates, PLLC for legal services rendered: (1) Carter vs. City of Ocean Springs - $1,492.00; (2) Santopadre d/b/a Popeyes’ vs. City of Ocean Springs - $1,707.17:
(King Invoices)
Miscellaneous:
q)
Allow Mayor to attend Gulf Coast Legislative Reception
in
r) Release remaining $5,000.00 budgeted in FYE 2003 to Mississippi Vietnam Veterans Memorial Committee, Inc. for construction of supporting base for main mast off the Cruiser U.S.S. Mississippi (CGN-40):
(Veterans Memorial Committee)
Item r was removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by McDonnell, to approve the Consent Agenda, excluding item r.
VOTING AYE ALL
VOTING NAY NONE
(FYE 2003 Budget Amendment)
Motion by Jalanivich, seconded by Gill, to adopt the budget amendments for FYE 2003 as presented by the City Clerk and to adopt the order amending FY 2002-03 budget appropriations that exceed 10% of the original adopted budget and authorize the City Clerk to publish said order as required.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that construction was beginning on the new water tank and new water line at Hanley.
Alderman Dalgo asked about the status of the
Motion by Dalgo, seconded by Gill, to approve the purchase of tags in the amount of $12.00 each for the three new vehicles in the water, sewer and street departments.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that construction of the water line on Hwy 90 began yesterday and expected the line to reach the corner of Hwy 57 by mid to late February 2003.
At this time the Board addressed the issue of impact fees. The City Planner advised the Board that the City had gone above and beyond what was required by law, that three public hearings had been held on the matter of impact fees, and that public input had been accepted and considered, resulting in a 50% reduction from the impact fees originally proposed.
Marty Milstead and Steve Smith addressed the Board on behalf
of the Homebuilders Association of Mississippi, the Gulf Coast Homebuilders
Association, the Southeast Homebuilders Association, Randy Wrigley/The Randall
Corporation, and numerous other individual and corporate developers and
builders. Mr. Smith, as legal counsel,
presented a positional paper in objection/opposition to the adoption of the
proposed impact fees and the adoption and implementation of any type of
developmental impact fees. He discussed
at length the 5th Circuit Court ruling and referred to Article IV,
Section 8 of the Mississippi Constitution.
He contented that the fees were unconstitutional and that the City had
no statutory authority in
Quentin Whitwell addressed the Board as Governmental Affairs Director and legal counsel for the Mississippi Association of Realtors and the Gulf Coast Association of Realtors. He believed that stepping into this realm of impact fees was a mistake and that other alternatives or options would be better. He stated that they had resources through their national association and offered themselves as partners to assist with finding alternatives to the problems faced by the City. He added that the City would need someone to lobby the state legislature to give the City the authority to impose impact fees. He stated that they concurred with the points outlined in the letter addressed by Mr. Smith and felt he had assessed the legal situation accurately. He stated that there were other boards that had not made official positions, but that there were individual members from the area and business people in the area who were concerned and felt the impact fees would adversely affect them and the community in the long run.
Andy Settleman, a volunteer with the Mississippi Association
of Realtors Executive Committee, stated that the association felt the impact
fees would affect the entire state of
Mr. Whitwell stated that they reserved their right to join the Homebuilders Association in any bill of exceptions that might be filed and requested that a copy of all of the documents referred to by Steve Smith also be provided to the Mississippi Association of Realtors.
The City Planner stated that the Board had been dealing with the issue of impact fees for over 2 ˝ years and had heard all of the arguments. He added that they had gone through a very slow, very thorough approach to adopting these fees. He felt that the City had the best law firm, in his opinion, in regard to impact fees and that they had put together an ordinance that they know will hold up to the test if litigated. He reminded the Board that the impact fees were reduced to 50% of what the consultant had recommended to the City and that he concurred.
Alderman McDonnell pointed out that the impact fee ordinance allows for assessment on an annual basis of the rates being charged. He asked the City Planner to provide additional recommendations concerning the commercial side of the impact fees. Mr. Scruggs expected to have those recommendations to the Board at their next meeting.
ORDINANCE NO. 1 – 2003
DEVELOPMENT IMPACT FEE PROCEDURES ORDINANCE
AN ORDINANCE OF THE
CITY OF
ADOPTING PROCEDURES FOR THE IMPOSITION, CALCULATION,
COLLECTION, EXPENDITURE AND ADMINISTRATION OF
DEVELOPMENT IMPACT FEES TO BE IMPOSED ON NEW
DEVELOPMENT; PROVIDING A PURPOSE AND INTENT; PROVIDING
DEFINITIONS; PROVIDING GENERAL PROVISIONS AND
APPLICABILITY; PROVIDING FOR THE ESTABLISHMENT OF
DEVELOPMENT IMPACT FEE ACCOUNTS; PROVIDING FOR THE
APPROPRIATION OF DEVELOPMENT IMPACT FEE FUNDS AND FOR
CREDITS AND REFUNDS, WHEN APPROPRIATE; PROVIDING FOR
APPEALS; PROVIDING FOR EXEMPTIONS AND WAIVERS; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE
Motion by Lloyd, seconded by McDonnell, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 2 – 2003
GENERAL MUNICIPAL FACILITIES DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A GENERAL MUNICIPAL
FACILITIES DEVELOPMENT IMPACT FEE ON ALL NEW RESIDENTIAL
AND NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF
BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO
PROVIDE GENERAL
MUNICIPAL FACILITIES AND
WIDE, IN ACCORDANCE WITH THE COMPREHENSIVE PLAN AND
DEVELOPMENT IMPACT FEE CALCULATION REPORT; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE
Motion by Lloyd, seconded by McDonnell, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 3 – 2003
FIRE FACILITIES DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A FIRE FACILITIES
DEVELOPMENT IMPACT FEE ON ALL NEW REESIDENTIAL AND NON-
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO PROVIDE
FIRE FACILITIES AND SERVICES CITY-WIDE, IN ACCORDANCE WITH
THE COMPREHENSIVE PLAN AND DEVELOPMENT IMPACT FEE
CALCULATION REPORT; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE
Motion by Cody, seconded by Lloyd, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 4 – 2003
PARK AND RECREATION FACILITIES DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A PARK AND RECREATION
FACILITIES DEVELOPMENT IMPACT FEE ON ALL NEW RESIDENTIAL
AND NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF
BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO
PROVIDE PARK AND
RECREATION FACILITIES AND
WIDE, IN ACCORDANCE WITH THE COMPREHENSIVE PLAN AND
DEVELOPMENT IMPACT FEE CALCULATION REPORT; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE
Motion by Dalgo, seconded by Cody, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 5 – 2003
POLICE FACILITIES DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A POLICE FACILITIES
DEVELOPMENT IMPACT FEE ON ALL NEW RESIDENTIAL AND NON-
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO PROVIDE
POLICE FACILITIES AND SERVICES CITY-WIDE, IN ACCORDANCE
WITH THE COMPREHENSIVE PLAN AND DEVELOPMENT IMPACT
FEE CALCULATION REPORT; PROVIDING FOR LIBERAL
CONSTRUCTION; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE
Motion by Cody, seconded by Lloyd, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 6 – 2003
MAJOR ROADWAYS DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A MAJOR ROADWAYS
DEVELOPMENT IMPACT FEE ON ALL NEW RESIDENTIAL AND NON-
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO PROVIDE
MAJOR ROADWAYS, MAJOR ROADWAY INTERSECTION
IMPROVEMENTS, MAJOR ROADWAY SIGNALIZATION
IMPROVEMENTS AND MAJOR ROADWAY SIDEWALKS CITY-WIDE, IN
ACCORDANCE WITH THE COMPREHENSIVE PLAN AND
DEVELOPMENT IMPACT FEE CALCULATION REPORT; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE
Motion by Gill, seconded by Dalgo, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
ORDINANCE NO. 7 – 2003
WATER FACILITIES DEVELOPMENT IMPACT FEES
AN ORDINANCE OF THE
CITY OF
PROVIDING FOR THE IMPOSITION OF A WATER FACILITIES
DEVELOPMENT IMPACT FEE ON ALL NEW RESIDENTIAL AND NON-
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING
PERMIT OR CERTIFICATE OF OCCUPANCY ISSUANCE; TO PROVIDE
WATER FACILITIES AND SERVICES CITY-WIDE, IN ACCORDANCE
WITH THE COMPREHENSIVE PLAN AND DEVELOPMENT IMPACT
FEE CALCULATION REPORT; PROVIDING FOR LIBERAL
CONSTRUCTION; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE
Motion by Cody, seconded by McDonnell, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted ABSTAINED
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted ABSTAINED
Alderman Dalgo voted AYE
Alderman Gill voted AYE
(Position Paper)
Motion by McDonnell, seconded by Cody, to spread the position paper submitted by Mr. Smith upon the minutes and make his request for documents a part of the record.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Carvin
ORDINANCE NO. 8 - 2003
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF SUBDIVISION
REGULATIONS IN THE CITY OF
SPRINGS,
AND AUTHORITY OF THE CITY OF OCEAN SPRINGS,
MISSISSIPPI, FOR THE CREATION OF SUBDIVISIONS AND
REGULATIONS WITHIN ITS CORPORATE BOUNDARIES;
SETTING FORTH THE JURISDICTION, ENFORCEMENT,
AND ADMINISTRATION OF SAID SUBDIVISION REGULATIONS;
DEFINING THE METHOD AND REQUIREMENTS OF SUBDIVIDING
LAND AND PRESCRIBING THE METHOD OF DEVELOPING
OF SUBDIVISIONS, THEIR REQUIREMENTS, ADMINISTRATION
AND CONTROL; SETTING FORTH THE DUTIES OF THE PLANNING
COMMISSION, THEIR AUTHORITY, JURISDICTION AND DUTIES
IN RESPECT TO SUBDIVISION REGULATIONS AND PROVIDING
PENALTIES FOR THE VIOLATION OF THESE SUBDIVISION REGULATIONS
Motion by Gill, seconded by Lloyd, to adopt the above and foregoing Ordinance.
Alderman Jalanivich voted AYE
Alderman Lloyd voted AYE
Alderman McDonnell voted AYE
Alderman Cody voted AYE
Alderman Carvin voted AYE
Alderman Dalgo voted AYE
Alderman Gill voted AYE
The Board recognized the City Planner, City Attorney and Planning Commission for their hard work on the impact fee ordinances.
Motion by Lloyd, seconded by Dalgo, that the subdivision moratorium be lifted when the impact fees and subdivision regulations are in place and effective.
VOTING AYE ALL
VOTING NAY NONE
(Employee Raises)
Motion by Jalanivich, seconded by Dalgo, to adopt the Mayor’s recommendation regarding personnel rate changes.
VOTING AYE ALL
VOTING NAY NONE
(Lot Cleaning Procedures)
The City Planner reported that the City Judge and City Prosecutor had reviewed the lot cleaning process and signed off on it, and that the City is in the position to move forward with it.
Motion by Jalanivich, seconded by McDonnell, to have the property at the corner of Front Beach and Porter Ave. that surrounds the Swifty Serve cleared of underbrush and to see that the owners keep it in a neat fashion and keep it cut.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by McDonnell, that the Allman property be cleared, excluding the building, of undergrowth and everything outside the building.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to have the property on the east side of Bechtel Blvd. across from Sunhaven cleaned.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that Gulf Regional Planning Commission was performing a traffic count on Havard Rd. and that the report should be ready by next Tuesday. He added that the report would include the other areas requested by Alderman Jalanivich as well as I’berville Dr. The issue of traffic calming devices for Havard Rd. was held over until the next meeting.
(Dr. Don LaGrone – Easement Landscaping at 999 North Halstead Rd.)
Alderman Lloyd stated that he had reviewed the request of Dr. LaGrone and was of the opinion that the ditch should have been taken care of during development of the property and the cost passed on to the property owner at the time of purchase. He added that the ditch serves the water drainage adequately, and with 30 miles of ditches around the city, he felt the City should not get in a policy of making drainage ditches aesthetically pleasing to the property owners.
Motion by Dalgo, seconded by Gill, to deny the request of Dr. Don LaGrone, but offer him and the adjoining property owners the ability to go in and take care of the easement themselves, contingent upon their receiving permission from the Public Works Director and City Engineer.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that permanent street repairs to Mimosa Cove Subdivision would be made by the end of the week. The matter was removed from the agenda.
Alderman Jalanivich reported that Fred Lemon’s attorney would have something for the Board to review by the next meeting regarding the purchase of his property by the City for a sports gym. The issue was held over until then.
The items concerning a temporary museum and the blacksmith shop at Fort Maurepas was held over until the next meeting.
Motion by Jalanivich, seconded by Cody, to close Front Beach from Jackson Ave. to Washington Ave. on March 23, 2003, from 7:00 a.m. Saturday until 8:00 p.m. on Sunday for a fund raiser for the Fort Maurepas Society called “Capture the Fort Day.”
VOTING AYE ALL
VOTING NAY NONE
Brad Lemon’s item, Harbor Commission, was held over until the next meeting.
Bobby Layton’s item, traffic control for neighborhoods, was removed from the agenda.
Appointment to the Tree Committee was held over until the next meeting.
After receiving clarification regarding item r of the Consent Agenda, the following motion was made.
Motion by Lloyd, seconded by Cody, to approve item r of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Frank McCathron of Havard Rd. addressed the Board regarding several matters. He thanked the Board for placing the traffic counters on his street, he addressed the December 19, 2002, editorial concerning Alderman Carvin, and objected to the water line extension on Hwy 90 from Salvetti’s to Hwy 57.
Gay Young expressed concern that installing restrooms in the Little Children’s Park would create the potential for sexual abuse of children and asked that the Board reject any addition to the park, as the restrooms would be unsupervised.
Wally Page, an Ocean Springs realtor for 32 years and resident for 28 years, commended the Board for adopting the impact fees and stated that not all realtors were opposed to the fees. He added that the City was bound to expand and that he would rather see the impact fees placed on the developers instead of the taxpayers.
Cheri Hanemann thanked the Board for adopting the impact fees.
Motion by Cody, seconded by Gill, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to go into Executive Session to discuss potential litigation not pertaining to impact fees.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk announced that the Board had elected to go into Executive Session to discuss potential litigation not pertaining to impact fees.
The City Attorney joined the Board in Executive Session, which began at 7:45 p.m. and ended at 8:00 p.m.
Motion by Gill, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by Gill, to recess until 6:00 p.m. on January 21, 2003.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date