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 May 18, 2004, 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 Recording Clerk Patty Gaston. Interim City Clerk Diane Northrop was absent
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
At this time Mayor Ainsworth presented the following proclamation to Charles McDaniels proclaiming the week of May 22-28, 2004, as Safe Boating Week in the City of Ocean Springs.
(Safe Boating Week Proclamation)
Vickie Rhodes of the 1699 Historical Committee thanked the Board for their support of over the years.
Angela Sanders of the Redistricting Committee reported that it was the unanimous decision of the committee to recommend approval of Redistricting Plan 5B.
(Redistricting Plan 5-B)
Motion by McDonnell, seconded by Gill, to accept the recommendation of Redistricting Committee to approve Redistricting Plan 5-B and forward the plans to the Justice Dept.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Lloyd
The Mayor and Board expressed their gratitude to Redistricting Committee for their efforts.
Mayor Ainsworth presented a proclamation to Jacqueline Wrigley proclaiming May 18, 2004, as Jacqueline Wrigley Day in the City of Ocean Springs due to her many accomplishments, including her recent appointment as Camellia Queen in Biloxi.
City Clerk:
a) Approve Minutes of Recess Meeting of April 20, 2004
b) Accept Action Report
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
Police Dept.:
d) Resignation of Dispatcher Wendy Bailey:
(Bailey Resignation)
Fire Dept.:
e) Fire Dept. Report for March 2004
f) Fire Dept. Report for April 2004
Public Works:
g) Water and Sewer Vehicles:
(Memo - purchase of water/sewer vehicles from state contract)
Community Development & Planning:
h) Lot Cleaning - 133 Lafayette Circle:
(Lot Cleaning Memo)
i) Demolition of structures - 702 Magnolia Ave.:
(Demolition Memo)
j) Youth Corps Grant – Authorize City to enter into agreement with MDOT:
(City Planner Memo re: Urban Youth Corps Transportation Enhancement Grant)
1. Hire supervisor for 2004 Youth Corp Grant – Josh Dudte:
(Dudte Hire Letter)
k) Planning Commission – Accept recommendations of OSPC
1. Chuck Weems –1229 Vermont Avenue – Application submitted for a lot split:
(Weems Documents)
2. W. D. Bryan – Application submitted for sketch plat approval for a minor subdivision located on the East side of Eagle Point Road approximately 800 feet south of Gulf Island National Sea Shore Park Road
(Bryan Documents)
3. Kelly Singleton – Bus stop design variance for Whitney Oaks:
(Singleton Documents)
4. Sign Ordinance – Proposed Changes:
(Sign Ordinance Memo)
l) Historic Preservation Commission – Accept recommendations of OSHPC
1. C. L. & Diane Ates – 527 Front Beach Drive:
(Ates Documents)
2. Deborah Gilbert – 610 Catchot Place:
3. Tammy Alverez – 517 Rayburn Avenue:
(Alverez Documents)
4. Mary Ann Ederer – Lot 1 Iberville Landing – Amendment to COA:
(Ederer Documents)
5. Ambrose Fusco
Risk Manager/HR Director:
m) Permission to Attend Seminar and Reimburse $10.00 Fee
n) Request Approval of Police and Fire Dept. Annual Physicals:
(Physicals Memo)
o) Police and Fire Department Hepatitis Shots:
(Shots Memo)
City Attorney:
p) Pay City Attorney’s bill for April 2004 ($3987.50)
Items j1, k3, k4, l1, l2, l3, l4, l5 and m were removed from the Consent Agenda for further consideration.
Motion by Jalanivich, seconded by Carvin, to approve the Consent Agenda, excluding items j1, k3, k4, l1, l2, l3, l4, l5 and m.
VOTING AYE ALL
VOTING NAY NONE
(Northrop Resignation)
Motion by Gill, seconded by Jalanivich, to accept the resignation of Deputy City Clerk Diane Northrop.
VOTING AYE ALL
VOTING NAY NONE
Alderman Gill stated that Mrs. Northrop had done a fine job for the city and that the Board did not want to lose her, but wished her the best of luck.
Fire Dept.
(Bonfire Permits)
Motion by Jalanivich, seconded by McDonnell, to accept the Application for Beach Permit with $100.00 Deposit.
VOTING AYE ALL
VOTING NAY NONE
The Police Chief reported that he and the City Attorney were still working on a proposed noise ordinance for the city and expected it to be ready by the next meeting.
Motion by Gill, seconded by Cody, 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, Richard Schmidt and Danny Dubaz. Charles Rivers and Ashley Hendren were absent
(Gilbert Documents)
Motion by Jalanivich, seconded by Gill, to accept the recommendation of the Review Section Committee and grant a 2-ft. side yard variance to Deb Gilbert for construction of a house addition at 610 Catchot Place.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Rivers and Hendren
(Pabon Documents)
Motion by Lloyd, seconded by Carvin, to accept the recommendation of the Review Section Committee and deny the request of Bruce Pabon for a variance for the construction of a shed on Lot 1, Dexter Place Subdivision.
At this time discussion was held regarding the motion. The Review Section Committee said that they had made their recommendation based on there being no hardship, complaints from the neighbors concerning the aesthetics of the shed and it blocking their view, and the potential noise. Alderman Cody said that Mr. Pabon had several valuable vehicles to protect and that the request fell within the 20% variance allowed. He said that Mr. Pabon was willing to brick the front of shed to make it more aesthetically pleasing. He added that Mr. Pabon has a large lot and did not think the shed would be obtrusive or a detriment to neighborhood. Mrs. Sanders emphasized that the property owner had not demonstrated a hardship. She said that examples of hardship would be the topography of the land, the necessity for saving protected trees, or that the layout of the lot was such that it would preclude the owner from moving the structure to another location on lot.
Barbara Smith of 217 Ashley Place said that her property backed up to Mr. Pabon’s property, which is in an older neighborhood. She said that she lives in a newer neighborhood and has spent a great deal of money to live in the kind of decent neighborhood she wanted. She felt it was unfair to the neighbors and was concerned it would adversely affect property values in the area. She said that the ordinance was too liberal and felt the Board would set a precedent if a variance was granted.
Steve Munn of 129 LaBranche said he did not want to look at a garage or any other structure that doesn’t architecturally match the neighborhood. He wanted Mr. Pabon to be held to the same standards of code that everyone else is. He added that no one asked the neighbors how they would feel about the structure and said that Mr. Pabon would have to cut down trees to build it. He asked that the Board require the structure to be built to code.
Rebecca Bennion of 131 LaBranche said that no other houses in area have detached garages and asked why Mr. Pabon’s could not be attached.
Alderman Cody offered to meet with Mr. Pabon and his neighbors in an effort to resolve the issue and report back at next meeting.
Aldermen Lloyd and Carvin withdrew their motion and the following motion was made.
Motion by Cody, seconded by Gill, to allow Alderman Cody to work with Mr. Pabon and his neighbors to reach an agreement and resolve the issues, and to report back to Board.
Mr. Pabon was not willing to work with his neighbors and said he would build his garage according to code. Cody said he still wanted the opportunity to try to work things out.
After hearing all discussion on the motion, Mayor Ainsworth call for the question and said vote was as follows.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Rivers and Hendren
(Kostal Documents)
Motion by Cody, seconded by Gill, to accept the recommendation of the Review Section Committee and allow Richard W. and Gina Kostal to move the R-3 boundary 100-ft. to the north for the purpose of constructing a single-family residence on the property at 2592 Government St.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Rivers and Hendren
Angela Sanders reported that the Review Section Committee had tabled the issue regarding the sign ordinance and the American Thrift Store sign until the Board takes action to amend the sign ordinance.
Motion by Cody, 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 Jalanivich, seconded by Cody, to ratify the actions of the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
(Schmidt Resignation)
Motion by Cody, seconded by Jalanivich, to accept the resignation of Richard Schmidt from the Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that more field information was needed for the Fort Bayou Pier project. He said that it was necessary to show the Dept. of Marine Resources (DMR) what the city proposed to do in terms of shadowing marsh grass and to prove to them the separation of navigable water.
(Resolution Accepting Construction Contract – DWI-H280035-02, Contract A)
The Public Works Director reported that the drainage project at Pine Lake Court had been postponed pending dry weather. He also reported that he had extended the drainage line down Holcomb until it was out of the ground as far as it could possibly go on west side. Alderman Cody said that the drainage pipe by the nearby church had collapsed and asked if Public Works could repair it. The Public Works Director was asked to report back with a recommendation on the matter at the next meeting.
Alderman Lloyd reported a drainage problem at de Leslie Salon. The Public Works Director said he needed someone to show him a professional way to correct the problem due to the drop-off, as the street was higher than the parking lot. He did not want to ruin the integrity of the 48” drainage tile. Alderman Jalanivich felt the solution was not difficult and offered to meet with the Public Works Director and City Engineer on the matter.
Alderman McDonnell asked the Public Works Director to dress up the no-parking area on Front Beach coming off of Washington Ave. on the left where the paint had faded and to add no parking signs. He made a similar request for the Gulf Oaks Condominiums area and asked that the vandalized stop sign on Porter Ave. at the EZ Serve store be replaced.
Alderman Dalgo asked about the status of the paving by Jackson County. Engineering Tech Jonathan Baum reported that Joe O’Neal of the Jackson County Road Dept. had advised him that they were in the process of building an access road to the new plant and would get back with him after the project was finished. Alderman Dalgo asked that in the meantime some asphalt be placed in the pothole located in the westbound lane halfway down Pabst Rd.
The matter concerning Evergreen Cemetery was held over pending an opinion from the Attorney General’s office.
(Letter of Engagement from Virgil Gillespie – Imminent Domain Proceedings if necessary W/S Easements)
Motion by Jalanivich, seconded by Cody, to accept the letter of engagement from Virgil Gillespie for legal services regarding acquisition of the necessary easements for the Hwy 90 water/sewer extension and spread it upon minutes.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney reported that a painting of the Old Fort Bayou Fishing Camp is being donated to the city by the heirs of Dick Suter, provided the artwork will be prominently displayed so that others can enjoy it. He said that local art dealers had appraised the painting as having a value of several thousand dollars. He recommended the picture be correctly re-matted to artistic measures and that a plaque be made recognizing the donation, and suggested the city entertain the possibility of holding a ceremony for its dedication with the family members present.
Motion by Dalgo, seconded by Cody, to accept the donation of the painting of the Old Fort Bayou Fishing Camp, have it correctly re-matted to artistic measures and have a plaque made recognizing the donation, and to entertain the possibility of having a ceremony for its dedication.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney presented the following information with regard to drainage on school property.
(School District Attorney Memo)
The City Attorney explained that he and the school district attorney, Charles Bordis, had come to the conclusion there were no existing laws that would allow the city to do work on school property, except by interlocal agreement or the granting of easements to the city. He said the Public Works Director wanted to assess the magnitude of the drainage problem on Holcomb and report back to the Board prior to its decision. Alderman Cody felt it was necessary to move on the matter now because children were out of school for the summer. He urged the City Attorney to find some way to assist the school district. The City Attorney explained that obtaining easements and going through the process of adopting interlocal agreements would take some time anyway, so there would be no time lost on the matter if the Public Works Director were to assess the issue and report back to the Board.
Motion by Dalgo, seconded by Cody, to enter into an interlocal agreement with Ocean Springs School District to help them with their drainage problem on Holcomb Blvd.
At this time discussion was held regarding the motion. The Public Works Director told the Board that the school district had not addressed drainage issues with the city on the front end of their projects. He felt it was unfair for city taxpayers to pay for school district drainage improvements when 30% of the students live outside of the city limits and don’t pay city taxes. Alderman Gill asked if he had been contacted about any off-site drainage problems concerning the new construction at Magnolia Park and Pecan Park Schools. He replied that he had never had a single school district employee come to him with any plan to see the effects of off-site drainage. The City Engineer said that the drainage on Holcomb would first need to be addressed downstream and then work from the south area up to the north area, as it would impact more people by improving from the north area down.
The motion was withdrawn. Alderman Dalgo wanted to determine if and what the city could participate in, at what level or cost and then enter into an interlocal agreement with the school district. The City Attorney suggested, as an alternative, to allow him to draft an interlocal agreement that states that no work be done unless it comes before the Board of Aldermen for approval. He said that he would like the Board to authorize him to recommend to the School Board that they seek the same interlocal agreement with Jackson County.
Motion by Cody, seconded by Jalanivich, to authorize the City Attorney to draft an interlocal agreement with the Ocean Springs School District to help them with their drainage problem on Holcomb Blvd. and that the agreement state that no work is to be done unless it comes before the Board of Aldermen for approval, and to authorize him to recommend to the School Board that it seek a similar interlocal agreement from Jackson County.
VOTING AYE ALL
VOTING NAY NONE
ORDINANCE NO. 2- 2004
AN ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI
AMENDING ORDINANCE #2-1972 “THE COMPREHENSIVE PROTECTION
BUILDING CODE” BY ELIMINATING “FOUNDATION PERMITS”
ORDINANCE NO. 3-2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL RESIDENTIAL CODE
FOR ONE- AND TWO-FAMILY DWELLINGS
ORDINANCE NO. 4-2004
AN ORDINANCE ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL
PRIVATE SEWAGE DISPOSAL CODE
ORDINANCE NO. 5-2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF THE
INTERNATIONAL PLUMBING CODE
ORDINANCE NO. 6-2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL FUEL GAS CODE
ORDINANCE NO. 7-2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL MECHANICAL CODE
ORDINANCE NO. 8-2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL FIRE CODE
ORDINANCE NO. 9- 2004
AN ORDINANCE ADOPTING THE 2003 EDITION OF
THE INTERNATIONAL BUILDING CODE
Motion by Jalanivich, seconded by Carvin, to adopt all of the above and foregoing ordinances.
VOTING AYE ALL
VOTING NAY NONE
At this time item j1 was taken up for consideration.
Motion by Gill, seconded by Dalgo, to approve item j1 of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
At this time item k3 was taken up for consideration. It was asked why the Planning Commission denied the request of Kelly Singleton for a variance of the standard type school bus stop when his design would blend in with the neighborhood. The City Planner said Mr. Singleton had modified his design since then and that the Planning Commission has since recommended approval.
Motion by Gill, seconded by Carvin, to approve item k3 of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
At this time consideration was given to item k4 of the Consent Agenda. The City Planner reported that the major change proposed for the sign ordinance allows larger signs primarily for shopping centers and changes the definition of shopping center.
Motion by Jalanivich, seconded by Cody, to accept item k4 of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
At this time consideration was given to items l1, l2, l3 and l4 of the Consent Agenda. It was reported that item l2 had been tabled by the Historic Preservation Commission and was not ready to be considered at this time.
Motion by Jalanivich, seconded by McDonnell, to accept items l1, l3 and l4 of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Carvin, to allow employees from the Planning and Public Works Depts. to attend the Erosion and Sediment Control Training at the Air National Guard Base in Gulfport on June 2-3, 2004, and to pay the registration fee of $50.00 per individual.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that he had applied for a $15,000.00 grant through the Mississippi Forestry Commission for an overall tree assessment. He said the assessment would provide a map to go by, would assess the condition of the trees at a cost of about $5.00 each, and would include a maintenance plan. He said that the grant required a $15,000.00 city match and hoped that the grant funds would also cover the expense of the maintenance needed.
Motion by Dalgo, seconded by Cody, to remove Washington Ave. Tree Assessment from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell reported a drainage problem at the end of Schmidt Dr. due to a retaining wall being built.
Motion by McDonnell, seconded by Jalanivich, to allow the City Planner to utilize the services of the City Engineer to assess potential water runoff at 243 Front Beach Dr. before any further permits are issued and any further development can take place there.
VOTING AYE ALL
VOTING NAY NONE
(MAGPPA Ad)
Motion by Cody, seconded by Dalgo, to purchase an ad in the MAGPPA program at a cost of $300.00 for promoting the assets and attributes of the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to appoint Lisa Chapman to the Park Commission to fill the unexpired term of Joseph Bellman.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that the city’s consultant was working on mitigation issues with the Dept. of Marine Resources concerning the sports complex property.
The Fire Chief reported that a separate emergency alert system was not needed in the city and provided the Board with a copy of a Reverse 911 Activation Request form. The item was removed from the agenda.
Motion by Jalanivich, seconded by Cody, to remove Alert Systems from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Hurricane Disaster Plan for Animals was held over until the next meeting.
Motion by Gill, seconded by Carvin, to remove Percy Miller Marine Park, Phase II from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to remove Bonfires on Front Beach from the agenda.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that meetings were being scheduled with property owners concerning easements for the Hwy 90 east water/sewer extension.
Mayor Ainsworth reported that he was still working on the RFP’s for garbage collection and recycling and hoped to have it ready by the next meeting.
(Resolution – 2004 Community Development Block Grant)
Motion by Lloyd, seconded by Jalanivich, to approve installation of a street light at 1005 Denny Ave.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to approve installation of a street light at 3414 Nottingham Rd.
VOTING AYE ALL
VOTING NAY NONE
(Siguenza Letter)
Parks Director Damien McKay said that the engineering plans were drawn for a 7-ft. wide walking track, which is the standard for walking tracks, and that those were the plans approved by the Board of Aldermen. He felt it was a good walking track. Alderman Jalanivich said he thought the Civic Center track would be built to the same specs as the Hospital track. Mr. McKay said that the issue was never discussed and that there were no specs for the Hospital track. He said that the Seabees were moving to another project and if the Board wanted to shut the track for another month or so, the track could be widened. Alderman McDonnell asked that Mr. McKay come back with a cost estimate for widening the track another 2-3 ft. should the Board determine that the size of the track will be as great a problem as perceived.
No one addressed the Mayor and Board of Aldermen at this time.
Motion by Cody, seconded by Carvin, to go into Closed Session to determine the necessary for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to go into Executive Session to discuss personnel matters in Supervision & Finance, the Police Dept. and the Mary C. O’Keefe Cultural Center.
VOTING AYE ALL
VOTING NAY NONE
Recording Clerk Patty Gaston announced to the audience that the Board had elected to go into Executive Session to discuss personnel matters in Supervision & Finance, the Police Dept. and the Mary C. O’Keefe Cultural Center.
The Executive Session began at 8:30 p.m. and ended at 8:50 p.m.
Motion by Jalanivich, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, to authorize the Public Works Director to install the necessary safety equipment dealing with the railing in the stage area at the Mary C. O’Keefe Cultural Center.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, to reestablish the Museum Committee.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, that the Finance Committee establish the necessary accounting numbers to maintain the Mary C. O’Keefe Cultural Center and develop a 5-10-15 year maintenance plan with assistance from Alderman Jalanivich.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McDonnell, to fund the necessary amount of money to finish the two rooms at the Mary C. O’Keefe Cultural Center that are set aside for a museum.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to request an audit to be performed by City Auditor Mark Toups of the Mary C. O’Keefe Cultural Center’s funds.
VOTING AYE ALL
VOTING NAY NONE
(O’Keefe Memo – tracking & rigging)
Motion by Cody, seconded by Jalanivich, to authorize the City Clerk to advertise bids for stage rigging and tracking at the Mary C. O’Keefe Cultural Center with specifications provided by the Friends of Mary C. O’Keefe.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Lloyd, to hire Janet Dudding as City Clerk at an annual salary of $49,000.00 and place her on 1-year probation.
VOTING AYE Alderman Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
Motion by Cody, seconded by Gill, to advertise the position of Deputy City Clerk.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by Cody, to amend the budget to decrease the tidelands funds revenue by $49,889.00 and allow the purchase of the police safety boat with funds from the General Fund cash balance.
VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Dalgo and Gill
VOTING NAY Alderman McDonnell and Carvin
Motion by Cody, seconded by Carvin, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date