RECESS MEETING OF OCTOBER 19, 2004

 

 

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Recess meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on August 19, 2004. Mayor Seren Ainsworth, presiding; Aldermen, Lloyd, McDonnell, Cody, Carvin, and Dalgo, City Attorney, John Edwards, were present. Alderman at Large, Jalanivich was absent. Alderman Gill arrived at 6:40 p.m.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

The Mayor presented a Proclamation in honor of National Business Women’s Week and noted the contributions of women in the workplace.

 

ADMINISTRATIVE

 

A motion was made by Alderman Dalgo with a second by Alderman Carvin to approve the Consent Agenda excluding items j (pulled by Lloyd), s (pulled by McDonnell), and y (pulled by Dalgo). The motion carried unanimously.

 

The Mayor asked to adjust the agenda to deal with a Community Development and Planning item regarding James and Patricia Little. This was done due to the large amount of individuals in the audience that wanted to speak on this issue. There was much discussion on the request by Mr. and Mrs. Little to rezone property on the Southeast corner of Hanshaw Road and Highway 90 from residential (R-1) to commercial (C-3). Mr. Little requested a delay until November 16, 2004 to appeal the denial because his attorney could not be present. After speaking with Mr. Little’s attorney, City Attorney Edwards stated that 30 days was a reasonable request. Alderman Dalgo stated that the audience was full of people that wanted to speak on behalf of this issue because Mr. Little had asked for discussion at the October 19, 2004 meeting and that they should not have to return on another date. Mr. Little said the minutes from the Planning Commission meeting, where his request was denied, were not ready and that was why he wanted to wait. Alderman McDonnell also pointed out that people came to the meeting specifically due to Mr. Little’s request to discuss his zoning denial and said they should be allowed to speak even if the Board puts off hearing Mr. Little until the November 16, 2004 date. Alderman McDonnell also noted that the individuals waiting to speak could do so during the audience request, meaning they would get an opportunity to speak either now or later in the meeting.

 

Alderman Cody made a motion with a second by Alderman Dalgo to accept the Planning Commission recommendation to deny the application submitted to rezone property form R-1 to C-3 on the Southeast corner of Hanshaw Road and Highway 90 (#1 Davis Bayou Drive).

 

Alderman McDonnell asked City Attorney Edwards if the City’s position would be weakened in a higher court if action is taken at this time. City Attorney Edwards reiterated that the 30 day time frame was not an unreasonable request and that this body does not have the final word and it could be carried to a higher court. Alderman Dalgo pointed out that the appeal asked for by Mr. Little is an appeal of the recommendation of the Planning Commission and the decision to approve or deny the rezoning will be by the Board of Aldermen. Alderman Dalgo further pointed out that State statues are specific as to when a Board can re-zone a piece of property and that Mr. Little’s request did not meet the State’s requirements. The requirements include if the original zoning was a mistake or if the neighborhood, not the general area, has changed in character. Neither of these are present. Mr. Little is requesting a change in zoning that would take the property from the most restrictive to the least restrictive. The other individuals of the neighborhood have maintained their homes and have expected Mr. Little to do the same with his property. Alderman Lloyd pointed out that other changes have been made near the neighborhood to accommodate Wal-Mart coming into the area. Alderman Dalgo responded that the Wal-Mart property is not in this neighborhood and therefore not relevant.

 

Mr. Little stated (without his attorney present) that the property fronted by Highway 90 and Hanshaw Road on the west side and has over 10,000 automobiles that pass by daily. He stated that 30 feet across the road from him has been rezoned to C-3 and a gas station and convenience store is expected to locate there. He stated that it would be unfair for his property to remain R-1 in light of that information. He also stated that commercial property is needed on Highway 90 and that area should be a commercial corridor.

 

Attorneys Steve Mullins and Kelly Sessums spoke on behalf of the subdivision and stated that there were two cases that showed why this zoning should not be changed and where the Supreme Court has upheld such denials. The cases were Fred H. Drews, III and Bonnie Drews v. City of Hattiesburg and Woodland Hills Conservation Association, Inc. v. City of Jackson and H.C. Bailey Company. Mr. Mullins also stated that Davis Bayou is a legal platted neighborhood and if the zoning request is granted to Mr. Little it will begin a dangerous precedent.

 

Donald Catchot, Cheryl Morrow, Sue Grace, Anna Kennington, Donald Young, Johon James, Lisa Nettles and several others all live in the Davis Bayou neighborhood and spoke against Mr. Little’s request for a zoning change.

 

After the discussion, Alderman Dalgo asked that Aldermen Cody amend his original motion to read accept Planning Commission recommendation to deny the application submitted to rezone property from R-1 to C-3 on the Southeast corner of Hanshaw Road and Highway 90 and to add the petition as part of the minutes and to note that Mr. Little did speak and express his objections to the Planning Commission denial even though he had requested a 30 day extension to appeal the ruling of the Commission. The motion carried unanimously.

 

Administrative Item Two

 

Alderman Cody made a motion with a second by Alderman Dalgo to adopt a non-monetary Resolution supporting Ocean Springs School District’s request for full state funding of MAEP. By a roll call vote as follows:

 

Jill Taylor, of the statewide committee of the Coalition for Children in Public Education, thanked the Mayor and Board of Aldermen for their past support and will appreciate their support of funding education first. Mary Louise Mason, another member of the Coalition for Children in Public Education, also spoke in favor of this resolution.

 

          Alderman Jalanivich          absent

          Alderman Lloyd                aye

          Alderman McDonnell         aye

          Alderman Cody                aye

          Alderman Carvin               aye

          Alderman Dalgo               aye

          Alderman Gill                             aye

The motion carried unanimously.

 

Alderman McDonnell made a motion with a second by Alderman Gill to send a copy of the Resolution and a letter to Representatives Zuber, Guice and Reed and Senator Moffett to vote in favor of full educational funding. The motion carried unaminously.

 

Administrative Item Three

 

Alderman McDonnell made a motion with a second by Alderman Dalgo to adopt Friday, October 29, 2004 as HOSA and K99FM-sponsored “Trick-or-Treat Down the Street.” The motion carried unanimously.

 

Alderman Cody made a motion with a second by Alderman Dalgo for the City of Ocean Springs to observe Halloween on Saturday, October 30, 2004. The motion carried unanimously. Alderman Dalgo asked the media to get this information out to the community and to observe the courtesy of not going to a house with the porch light off.

 

Administrative Item Four

 

Alderman Cody made a motion with a second by Alderman Gill to grant permission to the Ocean Springs Elks Lodge #2051 to hold the Annual Elks Mardi Gras Parade on Saturday, January 15, 2005 at 1:00 p.m. The motion carried unanimously.

 

Administrative Item Five

 

City Clerk explained that the Aldermen had been give the proposals for janitorial service at City Hall and the Police Station with an economical comparison of having a full time individual, a janitorial service or two part-time persons. Alderman Cody asked to table this issue for one week.

 

Return to Consent Agenda

 

Mayor Ainsworth returned to the items pulled from the Consent Agenda. The first item which was pulled by Alderman Lloyd was item j which is to authorize a $334.32 payment to Delgado, Acosta, & Wallace, PLLC for services rendered through September 30, 2004. Alderman Lloyd requested a copy of the report detailing the work performed. Alderman Cody made a motion with a second by Alderman Gill to authorize payment of the invoice. The motion carried unanimously.

 

Alderman Cody made a motion with a second by Alderman Carvin to allow Lawrence D. Turner to transfer from the Police Department to the Fire Department as Fire Fighter 3rd Class at the annual salary of $25,000 (9.64 per hour) and be placed on one-year probation and to allow the Police Department to fill the vacant position as soon as possible. This was item s that had been pulled from the Consent Agenda by Alderman McDonnell. The motion carried unanimously.

 

Alderman Cody made a motion with a second by Alderman Dalgo to hold item y on the Consent Agenda for one week. This item pertains to amendments to the Zoning Ordinance.

 

Public Works/Disaster Recovery

 

Alderman Gill made a motion with a second by Alderman Lloyd to approve payment of $50,000 to Lil’ Hauler Waste Services Inc., with the balance, less retainage, of $185,450.39 to be paid by November 30, 2004 and the $26,161.16 retainage to be paid on or around January 11, 2005 for Hurricane Ivan Debris Removal – FEMA 1550 DRMS. The motion carried unanimously.

 

 

Community Development & Planning

 

Alderman McDonnell made a motion with a second by Alderman Cody to adopt Ordinance 13-2004, an Ordinance amending the stormwater management ordinance of the City of Ocean Springs, Mississippi, by allowing for exemptions on lots or sites of two (2) acres or less provided that additional greenspace/landscaping is provided and requiring that basins be located in the rear of lots when feasible. By roll call vote as follows:

 

          Alderman Jalanivich                     absent

          Alderman Lloyd                          aye

          Alderman McDonnell                   aye

          Alderman Cody                          aye

          Alderman Carvin                        aye

          Alderman Dalgo                         aye

          Alderman Gill                                      aye

The motion carried unanimously.

 

Alderman Cody made a motion with a second by Alderman Dalgo to table item two, which is an ordinance dealing with outdoor signage, for one week. In discussion, Alderman Dalgo asked about grandfathering in non-conforming signage. City Planner Scruggs explained that information was presently in the existing Ordinance. The motion carried unanimously.

 

Historic Preservation Commission

 

A motion was made by Alderman McDonnell with a second by Alderman Carvin to approve the application of Elizabeth Buckley of 1103 Calhoun Street to replace the existing roof with Exostar Shake Shingles of synthetic materials, gray in color. The motion carried unanimously.

 

Alderman Cody made a motion with a second by Alderman McDonnell to approve the application of St. Alphonsus Church of 502 Jackson Avenue to allow installation of a gable shape awing of brown canvas material with square metal uprights preferably black. The motion carried unanimously.

 

A motion was made by Alderman Dalgo with a second by Alderman McDonnell to approve the application of St. John’s Episcopal Church of 705 Rayburn Avenue to move the driveway as shown on plans and construct a crushed limestone driveway, allow parking on the grass as submitted and add three (3) parallel parking spaces on Rayburn using crushed limestone. The motion carried unanimously.

 

A motion was made by Alderman McDonnell with a second by Alderman Dalgo to approve the application of Ethel Cates of 416 Washington Avenue to allow construction of a 24 x 8 front porch with treated wood spindles, vertical posts and wooden front steps with the porch painted white and the posts matching the existing trim. The motion carried unanimously.

 

Alderman Gill made a motion with a second by Alderman Dalgo to approve the application of Todd Boswell of 1302 Government Street to allow construction of a parking area on the Southwest and rear sides using crushed limestone and also construct a six foot wooden fence that will graduate to four feet along the rear property line. The motion carried unanimously.

 

Alderman McDonnell had questions for City Planner Sruggs regarding the Grand Marina Development company that is planning to put in a marina, retail shops and a condominium on the western boundary of the property. When approval was given six weeks ago it was noted that this office trailer would have to meet the landscape requirements of other existing businesses and this company has not done so. The company is continuing to make plans to go ahead with the project and is talking of expanding the project that was originally approved. The area is not properly zoned for the expanded project and DMR has not issued permits.

 

Alderman McDonnell made a motion with a second by Alderman Dalgo to require the necessary permits from DMR and/or other environmental agencies to address environmental issues and to include any other permits relating to navigable waterways that will be affected by the building plans of Grand Marina which will be located at the foot of the Ocean Springs Bridge. The motion carried unanimously.

 

Alderman McDonnell made a motion with a second by Alderman Dalgo requiring the Grand Marina development company to meet the landscaping requirements in 14 days or remove the trailer. The vote was unanimous.

 

Alderman Dalgo asked City Planner Scruggs about the silt fence in the Cane Brake Subdivision and if he had had discussions with Kelly Singleton. Mr. Scruggs responded that he had left messages with Kelly Singleton regarding the issue and he will report at the next meeting.

 

Alderman Dalgo also asked Mr. Scruggs to contact Mr. Doug DeLuca and ask him to replace the oak tree at the entrance of Herron Bayou Bridge.

 

Alderman Dalgo had been contacted by individuals living on Zettle Road requesting street lights. The poles are there and they would like to have the lights installed. Alderman Dalgo made a motion with a second by Alderman Gill to contact Singing River Electric to request a minimum of three street lights on Zettle Road. The motion carried unanimously.

 

Alderman McDonnell made a motion with a second by Alderman Dalgo to contact Singing River Electric requesting a street light at the Signal and Rayborn intersection. The motion carried unanimously.

 

City Engineer Report

 

Alderman Gill made a motion with a second by Alderman Lloyd to approve permission to advertise for purchase of pump control panels for the wastewater lift stations throughout the city to be purchased on an as-needed basis. The contract term will be for two years. The motion carried unanimously.

 

Alderman Gill made a motion with a second by Alderman Dalgo to accept the recommendation of City Engineer regarding bids for water tank removal by Isler Demolition in the amount of $47,000 contingent upon the contractor proceeding  after the first of the year. During discussion, the Mayor pointed out that Public Works Director Kaufman said that he has the money budgeted in the water department. Also Alderman Gill requested that the Fire and Police Chiefs become involved in the safety issue since one of the tanks are very near a home. The motion carried unanimously.

 

Alderman’s Forum

 

Alderman McDonnell thanked the Mayor for writing the requested letter to the Republican Committee in order to begin the process of registering candidates as Republicans. He stated that the Jackson County Republican Party will not begin the process until after the first of the year, but that will be within the deadline in March.

 

Mayor’s Report

 

After checking on the invoices from Moran, Seymour & Associates, Inc. it was determined they were valid and to date they have not been paid. Alderman Lloyd asked if the City had been given incorrect information in the past regarding these invoices and City Clerk Dudding responded that she and the current City Engineer, Compton, will review all invoices dealing with the Water System Improvements.

 

Alderman Dalgo made a motion with a second by Lloyd to hold payment of these invoices until the investigation is complete and report at the next recess meeting.

 

City Attorney Edwards brought up an issue that he had just learned about and would like the Board’s permission to act on. New South Architects had claimed $30,000 in fees and that amount has been negotiated down to $23,500 which should now be paid.

 

Alderman Lloyd made a motion with a second by Alderman Dalgo to pay $23,500 to New South Architects. The motion carried unanimously.

 

The Mayor stated that the Finance Committee had a report presented to the Board. The issue of compensatory time policy was still not solved and required more discussion. The Mayor asked to wait one week to resolve this issue and the pay raise issue.

 

Alderman Gill made a motion with a second by Alderman McDonnell to place the report from the October 18, 2004 Finance Committee in the minutes. The motion carried unanimously.

 

Alderman Dalgo stated that the only outstanding issue in the report involved compensatory time, but questioned how that will affect the pay raises that were in the adopted budget. Alderman Dalgo made a motion to go ahead and put the pay raises into effect, but was told the exact amounts were not definite at this time. He withdrew his motion.

 

Mayor Ainsworth asked to work out the differences on these issues by Friday and have another recess meeting at 5:00 p.m. for the Board to approve so that the changes will go into effect on the paychecks of October 29, 2004.

 

Hearing from the Public

 

Laura Hensley of 115 Ashley Place has a problem with drainage ditch that is causing erosion on her property. She stated that three homeowners are affected on one side and one on the other. Trash washed through the ditch and left a lot of debris. She stated that she had talked to both Public Works Director Kaufman and his assistant, Mr. Groue, regarding this problem. She has had this problem for a long time and would like to have this drainage ditch cleared out so that the water will drain properly. The Mayor stated he would speak with Mr. Kaufman regarding the problem.

 

A motion was made by Alderman McDonnell to enter into closed session to see if the Board would remain in Executive Session. The motion carried unanimously.

 

A motion was made by Alderman Cody with a second by Alderman Gill to remain in Executive Session to discuss matters of possible purchase of property, potential litigation and matters of personnel. The motion carried unanimously. The Executive Session began at 8:10 p.m.

 

Alderman McDonnell made a motion with a second by Alderman Cody to return to regular session. The motion carried unanimously. The Board returned to regular session at 9:10 p.m.

 

Alderman Lloyd made a motion with a second by Alderman Gill to recess until 5:00 p.m. on Friday, October 22, 2004. The motion carried unanimously.