Be it remembered that the Mayor and Board of Aldermen of the
City of Ocean Springs met in a Regular Meeting at City Hall in the City of
Ocean Springs at
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance to the flag.
City Clerk’s Report
The Mayor stated he would hold approval of the claims docket until later in the meeting.
Alderman Jalanivich made a motion to approve the minutes
from the
Alderman Gill made a motion to amend the budget for fiscal
year ending
The Mayor stated that item four, which would authorize the effective date of any upcoming wage and/or salary adjustments to be the first pay period beginning in October 2004 would be held over until a later time.
A motion was made by Alderman Jalanivich with a second by Alderman Gill to approve payment of the Dogan and Wilkekrson invoice in the amount of $4, 901.06 for services rendered during the month of August. This item was left off the claims docket and needed to be approved for payment. The motion carried unanimously.
City Attorney Report
The Mayor brought up the need for a closed session. Alderman
Cody made a motion with a second by Alderman Lloyd to enter into closed
session. The motion carried unanimously. Alderman Cody made a motion with a
second by Alderman Gill to stay in executive session to discuss matters of
personnel in the City Clerk’s department and possible litigation. The motion
carried unanimously. The executive session began at
Alderman Cody made the motion that was seconded by Alderman
Gill to return to regular session. The motion carried unanimously. The Board
returned to regular session at
After returning to regular session, Alderman Cody made a motion to approve the Claims Docket except the Solutions, Inc. invoice. Alderman Jalanivich seconded the motion. Alderman Jalanivich brought up the item on page eight of the Claims Docket that involved an invoice to the Mississippi Coast Coliseum. Alderman Cody amended his motion to pay the claims docket with the exclusion of the Solutions, Inc. invoice and the payment to the Mississippi Coast Coliseum. The amended motion was seconded by Alderman Gill. The motion carried unanimously.
Alderman Jalanivich made a motion, with a second by Alderman Cody, to pay the Mississippi Coast Coliseum invoice on the Claims Docket. Alderman McDonnell abstained and the remaining vote was unanimous. After the vote, Alderman McDonnell explained the monies owed to the Coliseum were from the Parks and Recreation department and were registration for an upcoming sporting event.
Alderman McDonnell made a motion with a second by Alderman
Dalgo to amend the budget for fiscal year ending
Community Development
& Planning Report
COA appeal by Jan Walker for her property located on
Attorney Earl Denham spoke on behalf of Ms. Walker. He pointed out that this was not a public street, but his client’s private property. She has worked out an easement in the rear of her property with her neighbor, Mr. Baxter. He stated that she has a right to keep people out of her property if she so chooses. He also stated that she had a right to build up to that easement if she wanted to do so. In response to the information about the fire truck access, he stated that there were no hydrants on the back side of her property. He said this issue was really about his client’s desire to build a fence on the rear of her property. He stated that she had come before this Board one time before that allowed her to build a masonry fence. It is concrete block with steel reinforcements and covered in stucco. She has this fence, that was approved, on three sides of her property. He said that we are dealing with the ordinances of the City of Ocean Springs and that according to the information on page 48, number 5, this fence should be approved. He stated that Mr. Baxter has stirred up the problem. He said that the City should uphold the Ordinances of the City. He also stated that she already has the fence up on three sides and should not be denied the opportunity to build the wall in the rear of her property. He feels that he has addressed all the concerns of the Historic Preservation Commission, but if he has left something out, he would like an opportunity to respond to any additional concerns. He noted that the former building inspector, Mr. Hawkins, told his client that she could proceed in building the wall. At a later date she was issued a stop work order and he says that situation has caused a “mess” in that area, with concrete being pulled up and items left unfinished. He said his purpose is not to threaten litigation, but to find a solution to this problem.
Alderman Dalgo asked Mr. Scruggs if properties that fall within the historic district have more specific guidelines that would supersede the ordinance that Mr. Denham referenced. Mr. Scruggs replied that the Historic District home have regulations that are more restrictive.
Alderman McDonnell noted that more light needs to be given to this subject. He explained that 11 months ago he, Ms. Walker and several of her neighbors worked out a verbal agreement and Ms. Walker failed to comply. Secondly, Alderman McDonnell pointed out that the wall was built with no COA from the Historic Preservation Commission and no building permit. He stated that Mr. Hawkins may have given verbal permission for her to build the wall, but no documentation was ever given by the City to build the wall.
Alderman Cody returned to the safety factor because there are many elderly people that live in that area and that it would be impossible to get a fire engine back behind her property.
Attorney Denham still stresses that it is private property and the wall is not in the easement.
Mr. Baxter stood up and stated that he has an attorney and his attorney will address any issues that need to be addressed. He just wants to make it clear that Attorney Denham has the facts wrong in this case. Mr. Broom, another neighbor stated that the issue is not about the road and the easement, but about the wall which actually ends up in Mrs. Wade’s front yard. He said they would accept a retaining wall, but not an 8 foot wall. He stated that the wall is not aesthetically consistent with the adjacent properties. He said it would lower everyone’s property values to allow the 8 foot wall to be constructed. Ms. Wade stated that her front yard is being blocked off by the wall. Ms. Walker told Mrs. Wade that she would build and 18” curb and then she put up a plywood barrier and filled it with a material that didn’t harden and the plywood broke and ran into Mrs. Wade’s yard in three different places. Mrs. Walker told Mrs. Wade that the problem would be taken care of in three days. The time frame has well passed as the incident happened in March. The first time anything was done was in June when she began to build the wall. Mr. Baxter asked that the Board hold up the decision of the Historic Preservation Commission. Mr. Broome urged the Board to end this problem tonight and not carry it over until another time.
Attorney Denham apologized to the Board and audience and corrected the statement that the wall was built down three sides already. He said that even though it was approved on three sides, it is only built down the front and one side. He stated that the back wall was built out of the same material as the other walls and should not be considered inappropriate. He states the temporary wall was necessary to keep earth in place. He said she should be allowed to proceed because it is continuing work already begun that was approved. He maintains that the property owner should have domain over her own property.
Ms. Duckett asked to be able to clarify two things. The Historic Preservation Commission approved two walls, one on the east side and one on the west side of the property. Her COA only requested a retaining wall. The City has not approved three walls, only two.
Alderman Jalanivich asked City Attorney Edwards his opinion. Attorney Edwards states that the Historic Preservation Commission has its job to do in recommending or not recommending COAs. Also various Ordinances regulate property matters. He told the Board to make their decision on the substantial evidence that was before them.
Alderman McDonnell motioned to uphold the Historic Preservation Commission’s decision to deny the COA. Alderman Gill seconded the motion.
Alderman Jalanivich brought up the location of the fence and whether or not it is in a legal place. City Attorney Edwards pointed out that would be something that would be decided at another time. He stated that while we would all like dominion over our own property, however when you are in an historical site, you are not always allowed to do that.
Alderman Dalgo pointed out that when the Historic District was being designated, that homeowners had the option not to be included and if they were included, they would have to abide by the rules that govern an Historic District which supersede other prior City ordinances. Mr. Scruggs confirmed the homeowner option not to be kept in the Historic District. Mr. Scruggs also pointed out that this home is individual landmark and is not located in the Historic District, but it does fall under the guidelines of the Historic Preservation Ordinance, and is therefore required to go before the Historic Preservation Commission for the COA.
Alderman Gill stated that others have gone out and build something without a building permit and built incorrectly which gets the City involved and put in a “bind” and also gets the neighborhood involved. He pointed out that if individuals would obtain the building permit to begin with, this kind of situation could be eliminated.
Alderman Lloyd would like to make a point about this issue. He said he has three reasons to support the motion. First, he said he had to support the Historical Board in this instance. Secondly, the intent of the law, which could be arguable, says no fences in the front yard, not matter if it is someone’s rear yard, it’s still someone’s front yard and the intent was to keep the front yards open. Thirdly, it is a retaining wall and the Historic Preservation Commission said it will allow a retaining wall at 30 inches and not a block wall.
Ms. Walker wanted to address Alderman Gill’s statement that she did not have a building permit. She said that the first thing she did when she began the project, was to go to City Hall and the Building Department. She explained to the Building Official what she wanted to do and asked what she needed for a permit and she was told it was alright to build without a permit and gave her a copy of the information he based that decision on. She said she would not have started this project without a permit. She said she had been before the Historic Commission every month last year and several times before last year and several other times along the way. She said that she has met all the requirements. She had a list of all the meetings she had attended. She said she talked to the Department of Archives and History to determine if her wall would be appropriate. She received a letter from Todd Sanders with the Department of Archives and History and he discussed the project with another historian and they agreed that an improved garden wall and fence would be acceptable. This letter also addressed the materials and the height of the wall. She had a copy of a fax that said her building would have no bearing on the National Registry eligibility of the property because it is a local landmark.
At this time, the Mayor calls for the vote on the motion. The vote is unanimous to uphold the denial of the Certificate of Appropriateness by the Historic Preservation Commission as outlined in the letter to Ms. Walker.
Alderman McDonnell made a motion with a second by Alderman Gill to enter the entire notice that was sent to Ms. Walker into the minutes. The motion carried unanimously.
Several other COAs are before the Board for approval. The action taken on those follow.
A motion was made by Alderman McDonnell with a second by
Alderman Jalanivich to approve the application of Saint Alphonsus
Church of
Alderman Jalanivich made a motion with a second by Alderman
Dalgo to allow Mr. Thomas J. Barber of
A motion was made by Alderman Jalanivich with a second by
Alderman Dalgo to allow John Henry and Connie Moran of
Alderman Jalanivich made a motion with a second by Alderman
Cody to allow Douglas Myatt of
Alderman McDonnell made a motion with a second by Alderman
Jalanivich to allow the
Alderman McDonnell asked about the parking lot paving at City Hall and was told by Mr. Scruggs that they were on schedule and on budget. Alderman McDonnell also asked about landscaping and lighting. Alderman McDonnell offered money from his allotted budget and asked other Aldermen to contribute if there are not enough funds for lighting. They will discuss at a later time.
Mr. Scruggs noted that he had received a letter from the Justice Department stating that the redistricting plan for the City of Ocean Springs, Mississippi was approved. Alderman McDonnell made a motion to accept the Justice Department letter and to enter it into the minutes. Alderman Gill seconded the motion. The motion carried unanimously.
Alderman McDonnell also brought up the problem that citizens will face this year when voting in the local election due to the redistricting. He suggested that the Mayor, City Clerk, and the City Attorney form a committee to inform the public in the best and most economical way.
A motion was made by Alderman Carvin with a second by Alderman Gill to authorize advertising for bidding for entrance way signage on Highway 90. The motion carried unanimously.
Alderman Dalgo made a motion with a second by Alderman Gill to authorize payment of Invoice #5 to LMI for services related to supervision of the summer youth program in the amount of $820.00. The motion carried unanimously.
The Mayor commended the work of all Department Heads during the storm. He asked our Civil Defense Director, Mark Hare, to give a report. He thanked the Planning Department for taking over the communications during the storm. He also thanked the Recreation Department for setting up a shelter for emergencies and offered to disperse ice and water after the storm. He also thanked the Aldermen for going through their wards to assess damage. He said the only negatives noted were that our set up for the EOC was not adequate and technologically inadequate. Alderman McDonnell asked Chief Hare to make a list of items that the City needs to do to improve their actions during an emergency such as a hurricane.
The Mayor asked for a report from the Police Department. Chief Belk did not have anything to report. Alderman Cody asked if the Police Department could perform a traffic study at Washington and Porter and Washington and Desoto. It is difficult to see at those intersections due to problem parking and delivery trucks. The Aldermen asked the Chief to look into the problem and come up with a solution. He noted that one of the national media that had been in the area shortly after the storm commented at the police and fire presence after the storm and noted that Ocean Springs seemed to be very much in control of the situation. Chief Belk had to leave the meeting at this time.
The Public Works Director, Andre Kaufman made a report
dealing with the hurricane and FEMA/MEMA. He stated that the City and
Regarding debris removal, bid speculation packets had been
given out to seven individuals. Deadline to return the packets
was Thursday morning at
Mr. Kaufman asked for the following actions to be approved by the Board of Alderman:
Alderman Cody made a motion with a second by Alderman Jalanivich to extend the emergency declaration for an additional week. The motion carried unanimously.
Alderman Jalanivich made a motion to return salaried employees that were on hourly rates to their previous position, excepting those that are still involved in hurricane recovery. The motion carried unanimously.
A motion was made by Alderman Cody to ratify requests for proposals for debris removal. The motion carried unanimously.
A motion was made by Alderman Jalanivich with a second by Alderman Gill to establish a committee of the Mayor, City Attorneys and Mr. Kaufman to recommend a contractor to the Board for debris removal as soon as possible. The motion carried unanimously.
Mr. Kaufman asked that Dawn Rogers, John Spicer, Ronnie Brown, Ron Forsyth and Stephen Farnsworth be transferred to the Disaster Recovery Department from Public Works. Alderman Jalanivich made a motion with a second by Alderman Cody to accept the actions of Mr. Kaufman to move the requested personnel to the Disaster Recovery Department.
Mr. Kaufman also informed the Board that CSX Railroad will
have three crossings closed for repairs during the next two weeks. The closed
crossings will be at
The City Engineer requested that bids for the water tank
removal be opened at
The City Attorney did not have any legal matters to report.
Alderman Lloyd asked permission to put up a street light on
Hearing from the Public
Ms. Susan Joyce Wyman of 1303 Calhoun is concerned about a house being built near her home and that the construction will cause a run off problem in her yard. The Board recommended that Mr. Scruggs work with her on this problem.
A motion was made by Alderman McDonnell with a second by
Alderman Cody to recess until
I, Janet Dudding, duly qualified and
appointed City Clerk for the City of Ocean Springs, Mississippi,
do hereby certify that the attached is a true and correct copy of an Agreement
adopted by the Mayor and Board of Aldermen at a Regular Meeting held on the
21st day of September, 2004, appearing in Minute Book 34 of the Official
Minutes. Witness my hand and the seal of
the City, this the 15th day of October 2004.
(SEAL)
__________________________
City
Clerk