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 August 19, 2003, 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.
The first issue addressed by the Board was East Beach sidewalks.
Motion by Carvin, seconded by Jalanivich, to remove East Beach sidewalks from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell asked that residents in the area be given fair and ample notice that the issue will be discussed should it arise again. Buddy Gunn of 615 East Beach Dr. told the Board that the road belongs to Jackson County and that there was not sufficient right-of-way to construct a sidewalk without acquiring property from the property owners by request or by eminent domain. He did not feel there was a public need for the sidewalks and stated that just compensation would have to be paid for their property. He felt the money could be better spent elsewhere. Dan Magruder of 421 East Beach Dr. said he had invited property owners to his home to discuss the issue. He said that 21 residents representing 17 pieces of property were present and were unanimously against the sidewalks.
(East Beach Sidewalk Letters)
Motion by Dalgo, seconded by Jalanivich, to make the letters concerning the proposed sidewalks a part of the minutes.
VOTING AYE ALL
VOTING NAY NONE
City Clerk:
a) Approve Minutes of Regular Meeting of August 5, 2003
b) Accept Action Report
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Pay Rebecca Kiser $35.00 for process service regarding annexation and authorize budget amendment to transfer funds from General Fund to Annexation Fund 301:
(Kiser Bill)
e) Pay bills from Jerry Wallace ($20,855.71) and Joe Lusteck ($13,445.75 and $11,575.25) for legal and consultant services, respectively, regarding annexation and authorize budget amendment to transfer funds from General Fund ending balance to Annexation Fund 301:
(Wallace/Lusteck Invoices)
Police Dept.:
f) Authorize City Clerk to advertise for school crossing guards for 2003-2004 school year
Fire Dept.:
g) Accept Fire Dept. Report for June 2003
h) Accept Fire Dept. Report for July 2003
i) Allow Fire Chief to attend Mitigation for Local Governments course in Jackson on August 25-28, 2003, with all costs being paid by MEMA
j) Accept Fire Chief’s letter regarding matching funds check from Wal-Mart for Ocean Springs Firefighters Assoc./Meyers family:
(Fire Chief Memo)
City Engineer:
k) Approve Pay Request No. 6 from Compliance EnviroSystems, LLC ($34,226.06) regarding Sanitary Sewer Evaluation Survey:
(Compliance EnviroSystems Invoice)
Public Works:
l) Pay invoice from Graham Construction Co., Inc. ($3,267.40 - retainage) regarding sewer rehab work on Eastland Blvd. (Part 1):
(Graham Invoice - $3,267.40)
m) Pay invoice from Graham Construction Co., Inc. ($3,047.85) regarding sewer repairs on Lift Station No. 8 (EPA grant):
(Graham Invoice - $3,047.85)
n) Pay invoice from Graham Construction Co., Inc. ($1,270.80) regarding sewer repairs on 509 Bechtel Blvd. (EPA grant):
(Graham Invoice - $1,270.80)
o) Pay invoice from Graham Construction Co., Inc. ($1,609.20) regarding sewer repairs on 302 Halstead Rd. (EPA grant):
(Graham Invoice - $1,609.20)
p) Pay invoice from Graham Construction Co., Inc. ($1,807.87) regarding sewer repairs on 614 Halstead Rd. (EPA grant):
(Graham Invoice - $1,807.87)
Community Development & Planning:
q) Adopt Resolution Determining Necessity for Lot Cleaning at 328 Teringo Circle:
(Lot Cleaning Resolution)
r) Authorize Mayor to sign agreement with Mississippi Forestry Commission regarding Mississippi Forestry Grant:
(Forestry Grant Letter)
s) Accept recommendations from Planning Commission with regard to the following items:
1. B & W Land Development, LLC – rezone property from C-1 (neighborhood commercial) to R-4 (multi-family residential):
(B & W Rezoning Documents)
2. B & W Land Development LLC – grant sketch plat approval for planned unit development to include a variance allowing for 40 ft. right-of-way:
(B & W SPA Letter)
City Attorney:
t) Pay City Attorney’s bill for July 2003 ($3,550.00)
u) Adopt Finding and Order Declaring Concrete Rubble Accumulating at Public Works Complex a Surplus Property and Allowing Individuals to Remove Such Property at No Cost or Risk to City and adopt Hold Harmless Agreement and Assumption of Risk form:
(Order – Surplus Concrete/Dirt)
Miscellaneous:
v) Pay invoice from Joe Gill Consulting, LLC ($1,025.00) for professional services rendered regarding tidelands funds projects:
(Gill Invoice)
w) Pay D. Neil Harris $280.00 for services rendered as City Prosecutor Pro Tem on July 31, 2003:
(Harris Invoice)
x) Approve Partial Pay Estimate No. 2 from Tony Parnell Construction Co. ($20,833.00) for construction services regarding Shearwater Bridge:
(Parnell Invoice)
y) Approve “revised” Partial Pay Estimate No. 3 from Tony Parnell Construction Co. ($114,101.00) for construction services and invoices from Batson and Brown, Inc. ($2,659.89 and $603.85) for engineering services regarding Shearwater Bridge:
(Parnell/Batson & Brown Invoices)
Items e, f, s1 and s2 were removed from the Consent Agenda for further consideration.
Motion by Dalgo, seconded by Jalanivich, to approve the Consent Agenda, excluding items e, f, s1 and s2.
VOTING AYE ALL
VOTING NAY NONE
The Police Chief reported that item f of the Consent Agenda had already been accomplished.
Motion by Dalgo, seconded by Carvin, 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, Ray Heddings and Danny Dubaz. Richard Schmidt and Ashley Hendren were absent.
(Blades Documents)
Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Review Section Committee and grant Jacob Blades a 2 ft. east side yard variance, a 5 ft. front yard variance and a 5 ft. rear yard variance on Lot 11, Promenade North Subdivision.
At this time discussion was held on the motion. Alderman Lloyd asked if it was customary to give variances on 3 sides of a piece of property and asked if the problem was in the planning stage. The Review Section Committee explained that a hardship existed because the property was a pie shaped lot in a cul-de-sac and that it was difficult for the homeowner to build within the city’s regulations due to the protective covenants of the subdivision. Ms. Sanders explained that notices were sent to the adjoining property owners and that no objections were expressed. After much discussion on the issue the question was called, said vote being as follows:
VOTING AYE Aldermen Jalanivich, McDonnell, Dalgo and Gill and Members Sanders, Heddings and Dubaz
VOTING NAY Aldermen Lloyd, Cody and Carvin
ABSENT AND NOT VOTING Members Schmidt and Hendren
Motion by McDonnell, seconded by Jalanivich, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Jalanivich, to ratify the actions of the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Cody, that the Planning Commission review the Subdivision Regulations to determine if anything can be done to lessen the number of variance requests.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Jalanivich
The City Clerk presented a revised budget amendment for FYE 2003 and explained that the city was not able to fund annexation costs using the water and sewer funds.
(FYE 2003 Budget Amendments)
Motion by Gill, seconded by McDonnell, to adopt the budget amendments for FYE 2003 as presented by the City Clerk.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Lloyd
Motion by Carvin, seconded by Gill, that any unexpended Ward 4 discretionary funds be reallocated into the Ward 4 discretionary funds for the FYE 2004 budget.
VOTING AYE Alderman Jalanivich, Carvin and Gill
VOTING NAY Aldermen Lloyd, McDonnell, Cody and Dalgo
THE MOTION FAILED.
At this time discussion was held regarding item e of the Consent Agenda. The item had been removed from the Consent Agenda so it could be voted on independent of the other items.
Motion by McDonnell, seconded by Cody, to approve item e of the Consent Agenda.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Gill
VOTING NAY Alderman Dalgo
(Resolution Directing Sale and Award of $215,000.00 G.O. Notes Dated September 1, 2003)
(Resolution Authorizing and Directing Issuance of $215,000.00 G.O. Notes to Raise Money for Purpose of Providing Funds to Pay Cost of Constructing, Improving and Paving Streets and Constructing Bridges and Culverts within City of Ocean Springs)
Motion by Dalgo, seconded by Cody, to authorize the City Attorney to draft the necessary paperwork to enter into an interlocal governmental agreement with Jackson County for payment of the funds obligated to the City of Ocean Springs for the Fire Dept. thermal imaging camera, to include the scope and price of the camera, and to send it to the Attorney General’s office for approval.
VOTING AYE ALL
VOTING NAY NONE
(Homeland Security Grant Letter)
The Fire Chief explained that the grant required no matching funds from the city.
Motion by Cody, seconded by Jalanivich, to allow the Fire Dept. to apply for a $34,300.00 Homeland Security Grant to allow for the purchase of equipment for the Police, Fire and Emergency Management departments.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Gill, to authorize the City Attorney to draft the necessary paperwork to enter into an interlocal governmental agreement with Jackson County for payment of the $29,000.00 obligated to the City of Ocean Springs for the entrance signage, to include the scope and cost of the project, and to send it to the Attorney General’s office for approval.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that the Park Commission had reviewed the specifications for the walking track project and would be advertising for bids for the project. Alderman Gill said that several people had expressed health concerns about the track having an asphalt surface. Park Superintendent Damian McKay said that the bids would include price options for three types of surfaces: wood chips, asphalt and rubberized surface, with alternates for restrooms and parking.
The City Engineer reported that plans and specs for the Fort Bayou Fishing Pier Extension project were ready and had been given to Joe Gill.
Motion by Gill, seconded by Jalanivich, to authorize the City Clerk to advertise bids for the Fort Bayou Fishing Bridge Extension Project, and that upon approval of the contractor’s invoices, they be forwarded to the DMR for payment directly to the contractor.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer asked that the Board schedule a work session to address their interest in water and sewer line extensions on the south side of Hwy 90. He reported that the sewer line extension project on the north side of Hwy 90 must begin by March 2004 in order to keep the $500,000.00 CAP Loan. The Committee reviewing the issue was to meet in the near future.
At this time the Board redressed the issue of the Fort Bayou Fishing Pier Extension Project.
Motion by Cody, seconded by Gill, to authorize the Mayor to obtain a title opinion on the property needed for the Fort Bayou Fishing Pier Extension Project.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer was asked to include engineering costs in the total project cost.
The City Attorney advised the Board that preliminary indications from the City Engineer were that the vast majority of the property for the Fort Bayou Fishing Pier Project was owned by the State of Mississippi, who may or may not allow the city to go forward and build a pier on it. He added that if they do give permission, it would probably be months down the road. He suggested the city not spend a significant amount of money on the project until those issues were resolved.
Motion by Gill, seconded by Cody, to rescind the motion authorizing the City Clerk to advertise for bids for the Fort Bayou Fishing Bridge Extension Project.
VOTING AYE ALL
VOTING NAY NONE
Alderman Cody said that he and City Engineer had reviewed the sinking problem on Government St. He explained that they needed to see what was going on under the surface in order to determine a cost to fix the problem.
At this time discussion was held regarding items s1 and s2 of the consent agenda. Louis Breland gave a visual presentation of his plans for the development. Alderman Gill felt that the project was a good substitution for apartments and that the planned unit development was good for the community because it was in need of housing with minimal yard upkeep. He felt the 40’ front yard was too small and wanted a minimum from yard of 50’. Mr. Breland noted that a 5 acre conservation easement was included in the development and would forever be a green space.
Motion by Gill, seconded by Jalanivich, to accept the Planning Commission’s recommendation to rezone the property owned by B & W Land Development, LLC from C-1 (neighborhood commercial) to R-4 (multi-family residential) as outlined in their memo dated August 14, 2003.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Carvin, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to the planned unit development proposed by B & W Land Development LLC and to require a minimum 50 ft. front lot line on Groveland Rd.
VOTING AYE ALL
VOTING NAY NONE
Developer Randy Wrigley stated that the 50 ft. lot line could not apply to cul-de-sacs.
Motion by Gill, seconded by Jalanivich, to amend the above motion to exclude cul-de-sac lots from the 50 ft. front lot line requirement.
VOTING AYE ALL
VOTING NAY NONE
At this time Pat Phelan addressed the drainage problem in Trentwood Subdivision. He stated the City Planner had told him that the developer, Kelly Singleton, was pursuing permits for the drainage ditch and that the permits should be granted within 90 days. Alderman Gill said that during recent rains Phase III had totally flooded and residents had to park in Phase II. The City Attorney reported that the $150,000.00 bond the developer posted was still in effect and was put up conditioned upon the developer being able to complete the work. He stated that he had worked with the City Planner to review the problem and the complaints made about flooding in the area. He said from an engineering standpoint that they were assured that construction of the ditch would alleviate the flooding problem in that entire area and that the developer had demonstrated that he was diligently pursuing approval of the ditch from the Corp of Engineer. He advised that the developer was under an obligation to go forward with the ditch as soon as approval was granted and that the city could call upon the bond if they did not. He added that the actual estimated cost of the ditch was $85,000.00 and that the $150,000.00 bond had enough cushion in it to take care of any unforeseen expenses. He did not anticipate there being a problem and felt the problem would be solved in the near future.
Motion by Dalgo, seconded by Gill, that the Deputy City Clerk enter into the minutes that it is the city’s understanding tonight that within the next 90 days Kelly Singleton will fulfill his obligation he made to the Planning Director concerning the ditch.
VOTING AYE ALL
VOTING NAY NONE
Attorney Greg Harveston addressed the Board on behalf on Jackie Raffield, owner of lot 14 and part owner of lot 16. He told the Board that there was no notice to the adjoining property owners about the request for variance on Lot 15 and suggested the Board reverse its decision to grant the variance when public safety issues were involved. He noted that the only hardship was the restrictive covenants. He said that Lot 15 was a valley lot and that there were no flooding problems with his driveway until Lot 15 was built up. He added that now his driveway was eroding and that he was losing elevation of his yard due to the water run-off onto his property.
The City Attorney stated that the city had made its best decision in trying to relieve a hardship for the owner. He said that the Board could issue a stop work order, but advised against it. Alderman Jalanivich felt the city should not have issued a permit until the drainage problems in Trentwood had been resolved. Upon additional discussion, the City Attorney realized that the flooding problems on Shadow Wood evolved due to extensive land work done on Lot 15 by Adams Homes without obtaining a land work permit. He added that the city now had the basis on which to issue a temporary stop work order.
Motion by Jalanivich, seconded by Gill, to issue a temporary stop work order at 3123 Shadow Wood Lane (Lot 15) until the necessary approval has been obtained through the Building Dept. and the City Engineer due to the earthwork that has been moved around by the constructors of the home that has generated flooding in the area and is the reason for the stop work order being issued.
VOTING AYE ALL
VOTING NAY NONE
Risk Manager/HR Director
(Renewal of Building & Property Insurance)
Motion by Lloyd, seconded by Carvin, to renew the property and wind coverage insurance through Lemon-Mohler Insurance Agency, excluding terrorism coverage, at a total cost of $70,990.00.
VOTING AYE ALL
VOTING NAY NONE
(Time & Attendance Policy – non-exempt personnel)
Motion by McDonnell, seconded by Gill, to adopt the Time and Attendance Policy for Non-Exempt Personnel as submitted by the Human Resources Director, with the necessary changes.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich reported a major structural problem and health problem existed overhead in City Hall due to mold and said the situation should be corrected as soon as possible. He suggested the architect and contractor be contacted regarding the matter and felt they should be responsible for any bills incurred.
Motion by Jalanivich, seconded by Gill, that the Public Works Director, City Attorney, City Planner, Alderman Jalanivich and the Mayor meet with the architect and contractor responsible for the City Hall roof and notify them that they will be held liable for all corrections made by the city if they do not make the corrections themselves.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney reported that the Jackson County Board of Supervisors had adopted a resolution opposing relocation of the railroad and presented the following resolution for the Board’s consideration that joins in with the Board of Supervisor’s objections.
(Resolution Opposing Mississippi Gulf Coast Railroad Relocation Routes Pursuant to Public Law 105-554)
Motion by Jalanivich, seconded by Gill, to adopt the above and foregoing Resolution.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk suggested that the Board schedule the public hearing on the FYE 2004 budget for September 8, 2003 at 6:00 p.m.
Motion by Gill, seconded by Jalanivich, to schedule the public hearing on the FYE 2004 budget for September 8, 2003 at 6:00 p.m. and authorize the City Clerk to publish the appropriate notice as required by law.
VOTING AYE ALL
VOTING NAY NONE
A work session regarding the proposed budget was scheduled for 5:00 p.m. on August 21, 2003.
Alderman Gill was temporarily absent as this time.
Mayor Ainsworth reported that the Historic Preservation Commission had held a special call meeting on August 18, 2003, to address several COA’s.
(Worch COA)
Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Greg Worch at 219 Washington Ave.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
(BEB, LLC COA)
Motion by Jalanivich, seconded by Cody, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for BEB, LLC at the property north of I’berville and west of Church St. on lots 21-27, Dr. Bailey Place Subdivision.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
(Starnes COA)
Motion by Jalanivich, seconded by Cody, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Ron Starnes at 527 Front Beach Dr., No. 7.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
The Government St. traffic study, the cost estimate for Hastings Rd. repairs, and the FYE 2004 budget request from the 1699 Historical Committee were held over until the next meeting.
Alderman Gill returned to the meeting at this time.
Motion by Jalanivich, seconded by Dalgo, to reappoint Joe Telarico to a four year term on the Building Board expiring June 30, 2007.
VOTING AYE ALL
VOTING NAY NONE
Appointment to the Election Commission was held over until the next meeting.
Motion by Jalanivich, seconded by Cody, to reappoint Billy Davis to a three year term on the Electrical Board expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Jalanivich, to reappoint Sonia Coward to a four year term on the Historic Preservation Commission expiring June 30, 2007.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Mary Lee Garrard to a five year term on the Library Board expiring June 30, 2008.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint David Cole to a three year term on the Mechanical Board expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
Appointment to the Museum Commission was held over until the next meeting.
Motion by Jalanivich, seconded by McDonnell, to reappoint Tony Gennarelli to a five year term on the Park Commission expiring June 30, 2008.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to appoint Ray Heddings to a three year term on the Planning Commission expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by Cody, to reappoint Neal Gambler to a three year term on the Planning Commission expiring June 30, 2006.
VOTING AYE Alderman Lloyd
VOTING NAY Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill
THE MOTION FAILED.
Motion by Jalanivich, seconded by Cody, to reappoint Marshall Johnson a three year term on the Planning Commission expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Shane Jackson to a three year term on the Plumbing Board expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Frank Dulany and Kevin McCarthy to one year terms on the Taxi Board expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
The third appointment to the Taxi Board was held over until the next meeting.
Motion by Jalanivich, seconded by Gill, to appoint Charles Rivers to a three year term on the Zoning and Adjustment Board expiring June 30, 2006.
VOTING AYE ALL
VOTING NAY NONE
(Don Dupuis/Mike Felsher – Petition to Rename “Halstead City Courts” to “Jim Cantrell Tennis Center”)
Motion by Cody, seconded by Jalanivich, to refer the letter from Don Dupuis and Mike Felsher to the Park Commission for their recommendation.
VOTING AYE ALL
VOTING NAY NONE
(Proposals for Local and Long Distance Phone Service)
Motion by Dalgo, seconded by Cody, to accept the Purchasing Agent’s recommendation to accept the 36 month agreement with Bell South for local phone service and to accept the 36 month agreement with ITC-Delta Com for long distance phone service, including employee access codes, at the rates outlined in the proposals.
VOTING AYE ALL
VOTING NAY NONE
Damian McKay asked if the City had decided on the Park Commission’s millage rate for FYE 2004. The City Clerk advised that the dollar amount requested does not add up to 2 mills. Mr. McKay advised that the Park Commission would be meeting tomorrow night to finalize their budget.
Motion by Gill, seconded by Jalanivich, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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Date Date