A Regular 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 June 1, 2004, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan, City Clerk Janet Dudding and Interim City Clerk Diane Northrop. Alderman Lloyd was absent
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
At this time Mayor Ainsworth presented the following proclamation to Melissa Schneider and proclaimed June 1, 2004 as Melissa Schneider Day in the City of Ocean Springs.
(Proclamation)
City Clerk:
a) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
b) Authorize Mayor to execute Answer to Compliant to Confirm Title regarding D & D Green Investments vs. Jackson County, MS, et al, Cause No. 2004-0958 GB (Parcel No. 05402623.000), contingent upon receipt of payment for all taxes due
Police Dept.:
c) Accept resignation of Animal Control Officer Larry Brown, effective May 26, 2004, and authorize Police Chief to fill vacancy as requested:
(Brown Resignation)
Fire Dept.:
d) Accept resignation of Administrative Assistant Danna Shirley, effective July 6, 2004, and allow Fire Chief to begin process to fill vacancy as requested:
(Shirley Resignation)
City Engineer:
e) Approve Pay Request No. 9 from Caldwell Tank ($84,758.00) regarding Contract A – New Elevated Water Tank, DWI-280035-02, and release payment upon receipt of funds from DWSIRLF loan
Public Works:
f) Authorize City Clerk to advertise for bids for total of two pickup trucks for water and sewer departments, or take any action deemed necessary to procure them:
(Truck Purchase Memo)
Community Development & Planning:
g) Accept Building Report for April 2004
h) Reschedule lot cleaning hearing regarding 133 Lafayette Circle to until July 6, 2004 council meeting:
(Lot Cleaning Hearing Reschedule)
i) Reject bids for City Hall parking lot improvements and authorize City Clerk to readvertise for bids:
(Parking Lot Bid Rejection Letter)
j) Hire Kelly Lane, Patrick Travis, Willis Rivers, Andre’ Watson, Jon Tyler Baum and Amber Kaufman as Urban Youth Corps Grant workers, effective June 2, 2004 or thereabouts, at $7.00 hr., contingent upon successful completion of pre-employment screening
k) Accept Amendment to Non-exclusive Franchise Agreement with Cellular South and authorize Mayor to sign said agreement on behalf of City:
(Cellular South Amendment)
Risk Manager/HR Director:
l) Accept quote from Clyde C. Scott Insurance Agency for physical damage insurance on 2004 Boston Whaler (Police patrol boat) and pay annual premium of $1,924.38:
(Boat Insurance)
City Attorney:
m) Approve proposed Interlocal Agreement between Ocean Springs and Gautier regarding sale/purchase of sewer line east of Hwy 57 and water/sewer operations and sales between Ocean Springs and Gautier; approve Bill of Sale transferring sewer line east of Gautier along with franchised rights and supporting exhibits; direct Mayor to execute and deliver said instruments in general form as attached and to execute any other related documents:
(Gautier Agreement – Sunplex Sewer Line Purchase)
n) Adopt Interlocal Agreement with Mississippi Gulf Coast Regional Wastewater Authority that transfers pipeline between Pump Stations 7 and 8 to Wastewater Authority and authorize Mayor to execute said agreement on behalf of City:
(Wastewater Authority Agreement)
Miscellaneous:
o) Approve installation of light on an existing light pole at Freedom Field at corner of General Pershing and Porter to shine on American Flag at night:
(Street Light Memo)
p) Keep street light at 207 Washington Ave. and pay monthly cost as requested:
(Street Light Memo)
q) Approve Change Order No. 6 from Fletcher Construction ($5,000.00 decrease) regarding Mary C. O’Keefe Cultural Center construction contract:
(Change Order No. 6 – Fletcher – Mary C. O’Keefe)
Items e and j were removed from the Consent Agenda for further consideration.
Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda, excluding items e and j.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Mayor Ainsworth introduced the new City Clerk, Janet Dudding.
Motion by Dalgo, seconded by Gill, to approve the minutes of the Regular Meeting of May 4, 2004, as presented.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(FYE 2004 Budget Amendment)
Motion by Cody, seconded by Dalgo, to adopt the FYE 2004 Amended Budget as presented and authorize publication of those items which differ more than 10% of the original or last published budget.
VOTING AYE Aldermen McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Lloyd
Police Dept.
Aldermen Cody and McDonnell expressed their appreciation to the Police Dept. for the additional police presence on the beach. Alderman Dalgo asked that police patrol be stepped up in the area of Pabst Rd. at night.
Fire Dept.
The Fire Chief reported that beginning July 1, 2004, a major construction job would be taking place at the Villa Maria to improve fire safety for the tenants. He said that the improvements would incorporate individually wired smoke detectors in each room that would lead down to a panel in the lobby and would include telephone communications on each floor.
The City Engineer reported that fieldwork for the Fort Bayou Boat Ramp was complete and that the permit process was beginning. Alderman Gill suggested Jackson County be asked to pave the additional parking lot. The City Engineer felt the County would not be able to meet the necessary timeframe and suggested making it an alternate in the bid package. He said he would work with the Public Works Director to provide a cost estimate and date the paving would need to be done.
Motion by Gill, seconded by Cody, to hire the City Engineer to develop plans for drainage improvements at the Civic Center walking track and request the Park Commission to pay for his services.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Gill, seconded by Cody, to widen the Civic Center walking track from 7 ft. to 10 ft.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The Public Works Director reported that his budget would soon need amending due to variance projects approved by the Board.
The City Attorney reported that the School Board attorney, Charles Bordis, would contact Jackson County for a tri-party Interlocal Agreement for drainage improvements on Holcomb Blvd.
At this time consideration was given to item j of the Consent Agenda. The City Planner requested that the item be pulled because Jon Baum had withdrawn his name for consideration from employment under the Urban Youth Corps Grant. The City Planner requested the Board approve all other applicants listed in his memo and add Josh Ladnier to replace Jon Baum.
Motion by Jalanivich, seconded by Dalgo, to accept the recommendation to hire Josh Ladnier for employment under the Urban Youth Corps Grant to replace Jon Baum.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Jalanivich, seconded by Cody, to accept item j of the Consent Agenda, excluding Jon Baum.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Bill Senseney – Appeal of Tree Committee Decision – 1616 Porter Ave.)
The City Planner said that he had met with Mr. Senseney about the trees he intended to trim and had discussed branches and heights, and said that he had no objections.
Motion by Jalanivich, seconded by Carvin, to allow Bill Senseney to trim his trees as necessary at 1616 Porter Ave. with guidance from the City Planner.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Stop Work Order – 243 Front Beach)
The City Planner gave an update concerning the project at 243 Front Beach Dr. He said that he had sent correspondence to Jan Walker’s attorney to advise them of several things: (1) that they would need to come before the Historic Preservation Commission for permission to build a wall, (2) that plans should be reviewed by the City Engineer to make sure drainage would not be an impact to the neighbors, and (3) that they provide details about what they are planning to do. He said that according to her sketches the wall on north side would be 9-½ ft., however, 8 ft. is the limit. He told the Board that she began work on the wall without a building permit and a stop work order has been issued. He said the next step would be to determine exactly what is going to be built. He told the Board that the elevation is different on both sides of wall and it is difficult to determine the actual fence height.
Motion by Cody, seconded by _______, to review the construction at 243 Front Beach Dr. with the City Planner and City Engineer and develop a solution to the problem.
THE MOTON DIED FOR LACK OF A SECOND.
The City Attorney noted that the structure was built without a building permit and a certificate of appropriateness from the Historic Preservation Commission, and that there are two counts of violations. He told the Board that they did not have authority at this time to have the wall removed, but that they did have the authority to go forward with prosecution.
Alderman McDonnell stated that the retaining wall was creating a hardship on five homeowners and that one of them was an elderly woman whose front door opens up to the massive concrete block wall. He said that the Fire Chief had indicated a problem with getting a fire truck to the backside of the Baxter’s property and added that an ambulance could not get back there either.
Motion by McDonnell, seconded by Dalgo, to follow the ordinances regarding 243 Front Beach Dr. and refer the matter to the City Prosecuting Attorney and request he to go forward with prosecution of the matter according to city ordinances.
At this time discussion was held regarding the motion. One of the neighbors, Skip Baxter, said he has legal ingress/egress through Ms. Walker’s property, but that one day the road and asphalt was gone. He said that he and Ms. Walker had agreed to resurface the road, as she wanted to widen it so she had a way to back out of her driveway. He stated that there was a serious lighting issue for his 82 year-old mother who lives by herself on other side of Ms. Walker and is sensitive about the dark. He said the security light was removed and after that all communications from Ms. Walker had stopped. He stated that he had met with Alderman McDonnell, the City Planner and City Engineer, and Ms. Walker and that they had come to an agreement. He said that he had kept his end of the agreement, but Ms. Walker had not, and that she said she wasn’t going to do anything except some construction on her home. He said that he had to hire an attorney, Eddie Williams, and has gone to court over the issue and that she has blocked his driveway and he is unable to get his mail. He said he had met with her attorney, Earl Denham, and had come to an agreement with regard to the driveways and that she wasn’t going to build part of the wall so he could make a nice ingress/egress out of his property. He said she changed her mind the next day and would not meet with him. He stated that Mr. Denham had come to see him to try to work it out, and took the hose and outlined how the whole drive would tie in. He said that everyone was in agreement, but two days later she began building on the wall and it got to a height that other people were concerned. He asked the Board to look at the wall and plans.
An unidentified member of the audience asked for an explanation of the city ordinance that allowed a 20% variance on the height of a concealing fence. The City Planner gave an example of a concealing fence and said it was basically if someone wanted to plant a hedgerow of material that could not been seen through, then that was interpreted to be a wall or fence, and it would be limited to a height of 8 ft. He said that the plans submitted for Ms. Walker’s wall have a plant area on top of an 8-ft. wall, so it looks as though it would be more than 8 ft. high with the material on top. He added that if the plant material on the wall was a concealing material, the wall could actually become as high as 15 ft. or more. He said that there would have to be 20% visibility through fence. McDonnell stated that there was zero visibility for what Ms. Walker was proposing.
One of the neighbors told the Board that the wall started out as a curb wall, was changed to a 4 ft. wall, is now a 6-7 ft. wall, and is going up to about 13 ft. She said she was 94 years old and did not feel as though she should be in a battle with Ms. Walker over construction for which there is not permit. She felt it was the city’s responsibility to resolve the issue.
After hearing all discussion on the motion, the question was called and the vote was as follows.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Gill said that the city was obligated to enforce the health, safety and welfare of its citizens and that the ordinances should be enforced. The City Planner said that the fence could be 8 ft., but Alderman McDonnell disagreed saying Mrs. Walker had raised the elevation of the lot by several feet. The City Planner said he did not feel the fence was appropriate, but had a problem determining the actual height of the fence due to site lines. Alderman McDonnell felt the fence was also not appropriate because it faced Mrs. Wade’s front yard and not her rear year. The City Attorney said that the Historic Preservation Commission should dictate what structures should go in, including walls.
Motion by Dalgo, seconded by McDonnell, not to issue any permits for 243 Front Beach Dr. until the issue goes through the Historic Preservation Commission process.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The City Engineer said that he had reviewed the property today and that the material had supposedly been removed over the top of a gravel bed for aeration of the tree roots. He said Ms. Walker was now putting a fabric down over the gravel and that the dirt was supposed to be going back in. He said she had indicated to him that she was not importing any material, that it was all going to come out and go back in. He said he had requested she provide him with an engineering plan for the drainage due to construction the fence and she that her drainage initially flowed off the property to a low area to the north and now, with the wall there, it could accumulate and go down and around the wall, which is a totally different drainage evaluation. Alderman Gill reminded them about the ordinance that prohibited someone from putting drainage water on a neighbor’s property.
Motion by McDonnell, seconded by Dalgo, that no permits be allowed on the wall, fence or any other wall and/or fence on her property at 243 Front Beach Dr. until receipt of a necessary engineering report that assures no water will be put on the adjoining properties.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman McDonnell was concerned that life saving vehicles could not get through to the neighbors’ property.
Motion by Cody, seconded by Gill, to request a written assessment from the Fire Chief and Police Chief as to the safety concerns with the road at 243 Front Beach Dr.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The City Attorney requested that he be allowed to work with the two parties’ attorneys, Eddie Williams and Earl Denham, to try to arrive at a solution that would be acceptable to all. He said the solution lies in reasonableness and hopes the two attorneys will be able to prevail upon everyone to be reasonable in this matter and arrive at a solution.
(Demolition – 1304 Calhoun)
Motion by Cody, seconded by McDonnell, to accept the recommendation to demolish the structure at 1304 Calhoun Ave.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Gill was temporarily absent at this time.
(Ocean Springs Hospital Parking Lot Improvements)
Motion by Jalanivich, seconded by Cody, to waive building permit and inspection fees for the Ocean Springs Hospital parking lot improvements.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Gill returned to the meeting at this time.
(Audubon Mississippi Letter)
Motion by Gill, seconded by Jalanivich, to provide $2,000.00 in community promotion funds to Audubon Mississippi for advertising the assets and attributes of the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Deputy City Clerk Job Description)
Motion by McDonnell, seconded by Gill, to approve the job description for Deputy City Clerk, spread it upon the minutes and authorize advertising for the position.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Evergreen Cemetery, Sports Complex, Hurricane Disaster Plan for Animals and Hwy 90 East Water/Sewer Extension were held over until the next meeting.
Washington Ave. Tree Assessment was removed from the agenda and placed on the Action Report.
Mayor Ainsworth reported that the ad for RFP’s for garbage service and recycling went out today. He said that quotes were due within three weeks with a variety of options listed.
The requests for community promotion funds from the Boys and Girls Clubs of Jackson County and the Gulf Coast Women’s Center for Nonviolence was held over until the next meeting.
(Claire Brou letter – Ocean Springs Seafood odor)
The City Attorney reported that the state health department had jurisdiction over the issues outlined in Ms. Brou’s letter.
Motion by McDonnell, seconded by Jalanivich, to refer the complaint from Claire Brou to the Mississippi State Board of Health.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Gary Tompkins complained that the Building Dept. would not authorize power to be turned on at his building located at 1019 Government St. He said he had been operating a business at that location for several years and showed the Board a copy of his privilege license. The City Planner stated that Mr. Thompkins had not been using the building and had the water and power disconnected more than 6 months ago, which eliminated his “grandfather” status. He said that the building must now be brought to code before his department could authorize occupancy and power to the facility. He said that the biggest issue was that the use of the building is not an acceptable use according to the Zoning Ordinance and would require a special use permit. The City Attorney suggested that Mr. Thompkins reduce his facts and evidence to writing and submit them to the City Planner who would then issue a written ruling. He added that if the ruling from the City Planner was unacceptable to Mr. Thompkins, he would then come back before the Board for a decision in the matter. Mr. Thompkins asked for temporary power to work on the building to bring it up to code. The City Planner said he could grant temporary power once a building permit was obtained for the repairs.
(Sprinkler System for Mary C. O’Keefe Cultural Center)
Motion by Jalanivich, seconded by Gill, to waive the $10,000.00 bid requirement and award the quote for an automatic fire sprinkler system at the Mary C. O’Keefe Cultural Center to Advanced Fire Protection, Inc. in the total amount of $13,464.00 and to authorize the City Clerk to amend the Mary C. O’Keefe Fund budget to increase Improvements to Building (305-000-713) by $13,464.00 and decrease that Fund’s ending cash balance.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Jalanivich wanted to designate East Beach as a free zone for running dogs without a leash.
Motion by Jalanivich, seconded by Gill, to designate the entire area on East Beach south of the seawall as a free zone for running dogs without a leash and authorize the City Attorney to draft an amendment to the appropriate ordinance.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Gill, to authorize Graham Construction Co., Inc. to replace the drainage pipe from the north side of Bradford Circle to Ogden and fund it.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
No one addressed the Mayor and Board of Aldermen at this time.
Motion by Cody, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Dalgo, seconded by Jalanivich, to go into Executive Session to discuss litigation regarding annexation, litigation regarding impact fees, potential litigation, and personnel matters regarding the Planning Dept. and Municipal Attorney.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The Deputy City Clerk announced that the Board had elected to go into Executive Session to discuss litigation regarding annexation, litigation regarding impact fees, potential litigation, and personnel matters regarding the Planning Dept. and Municipal Attorney.
The Executive Session began at 8:25 p.m. and ended at 9:50 p.m.
Motion by Dalgo, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Caboose Sign)
Motion by McDonnell, seconded by Jalanivich, to purchase white molded acrylic raised letters from Millie Lipps that read “Welcome to the City of Ocean Springs” to attach to the caboose at a cost of $874.80 and to pay for them with Ward 2 capital improvement funds.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Hawkins Resignation)
Motion by Cody, seconded by McDonnell, to accept with regret the resignation of Building Official David Hawkins.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Dalgo, to authorize the City Planner to start the process to fill the Building Official vacancy and formulate an updated job description.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Gill, to file a motion to stay the decision on the Impact Fees and enter the process to appeal the decision.
VOTING AYE Aldermen McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Dalgo, to file an amicus brief in the Laurel annexation case.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Jalanivich, to recess until 6:00 p.m. on June 15, 2004.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
______________________________ _____________________________
City Clerk Mayor
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