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 January 20, 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 Deputy City Clerk Diane Northrop.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
City Clerk:
a) Approve Minutes of Regular Meeting of January 6, 2004
b) Approve Minutes of Recess Meeting of January 7, 2004
c) Approve Minutes of Recess Meeting of January 8, 2004
d) Approve Minutes of Recess Meeting of January 12, 2004
e) Accept Action Report
f) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
g) Authorize Mayor to sign Answer in title confirmation suit: Barney R. Banks vs. Warren L. Edwards and Jean W. Edwards, et al, Cause No. 2003-1120JB (Parcel No. 05407645.000)
h) Issue revised Evergreen Cemetery deed to Sandra F. and Milton L. Jenkins and have it recorded in the land deed records of Jackson County:
(Evergreen Cemetery/Jenkins Lot)
Police Dept.:
i) Promote Det. Ptn. John Flowers to Patrol Lieutenant at Lieutenant 3rd Class pay rate ($32,000.00 yr.), effective January 21, 2004, and place him on six months probation:
(Flowers Promotion Letter)
j) Authorize Police Chief to fill patrol level position vacated by Ken Bell and fill patrol level position created by promotion of John Flowers:
(Memo – Authorization to Fill Positions)
k) Authorize Police Chief to begin process to hire Motor Officer to fill position required for new motorcycle:
(Memo – Authorization to Fill Motorcycle Officer Position)
l) Award bid for One Motorcycle for Police Dept. to Mississippi Coast Harley-Davidson, Inc. (sole bidder) at cost of $15,950.00:
(Motorcycle Bid)
m) Allow Wal-Mart check no. 862360 to be deposited into Ocean Springs Police Officers Association account:
(Police Officer Assoc. Check)
Fire Dept.:
n) Accept Fire Report for December 2003
o) Allow Fire Chief to attend Center for Domestic Preparedness Instructor Training course in Anniston, AL on February 8-14, 2004, and pay fuel costs
p)
Allow Firefighters Bruce Rogers and Kevin Sharpe, and
q) Extend probation period for Firefighter Troy Peltier until March 2, 2004 and continue with present salary until review pending successful completion of basic firefighter certification at Mississippi State Fire Academy:
(Peltier Probation Extension)
City Engineer:
r) Approve Pay Request No. 6 from Caldwell Tank ($46,872.00) regarding Contract A – New Elevated Water Tank, DWI-280035-02, and release payment upon receipt of DWSIRLF Loan funds:
(Caldwell Tank Invoice)
Public Works:
s) Pay invoice no. 203-158.001-3 from Compton Engineering, P.A. ($947.50) regarding new sewer lines along Hwy 57:
(Compton Invoice)
t) Pay invoice no. 203-063.003-6 from Compton Engineering, P.A. ($25,192.00) regarding Widening of Government St. (from Bechtel to Ocean Springs Rd.) as part of STP Grant:
(Compton Invoice)
u) Accept Selection Committee’s recommendation to accept proposal from Compton Engineering, P.A. for Engineering Services for Sewer Rehabilitation and authorize Mayor to execute contract in substantially the form submitted:
(Recommendation for Sewer Rehab Engineer)
Community Development & Planning:
v) Accept Building Report for December 2003
w) Allow Terry Agar to attend International Code Council Seminar on Commercial Plumbing Principles in Birmingham, AL, on March 29-31, 2004, prepay the $359.00 registration fee and pay all other reasonable and actual expenses
x) Authorize Building Official to begin lot cleaning process at 1412 Bienville Blvd. (Church of the Living God) and schedule hearing for February 17, 2004, council meeting:
(Lot Cleaning Letter)
y) Pay invoices from Compton Engineering, P.A. totaling $487.50 related to subdivision and building/drainage reviews:
(Compton Engineering)
z) Accept recommendation of Historic Preservation Commission with regard to the following Certificates of Appropriateness:
1. Glenn Young – 1106 Bowen Ave.:
(Young Documents)
2. Mary Ann Ederer – Lot 2, Iberville Landing Subdivision:
(Ederer Documents)
3. Tri Star Properties, Inc. – Lot 1, Iberville Landing Subdivision;
(Tri Star Documents)
aa) Accept recommendation of Planning Commission with regard to the following:
1. Dexter Place Subdivision – Final Plat Approval:
(Dexter Place Documents)
2. Camellia Pointe Restrictive Covenants:
(Camellia Pointe Documents)
3. Waterford Village Restrictive Covenants:
(Waterford Village Documents)
City Attorney:
bb) Pay City Attorney’s bill for December 2003 ($2,762.50)
cc) Adopt Amended Travel and Cash Advance Policy Including Credit Card Usage and Voucher for Reimbursement for Official Travel (Revised 1-14-04):
(Travel and Cash Advance Policy)
Miscellaneous:
dd) Approve contract with Walter T. Bolton Associates/William V. Lack, Jr., Architect for architectural services regarding new Emergency Management and Public Safety Facility and authorize Mayor to sign said contract on behalf of City:
(Bolton/Lack Contract)
ee) Pay invoices from Delgado, Acosta & Wallace, P.L.L.C. totaling $3,803.84 regarding annexation:
(Annexation Invoices)
ff) Pay invoice from Solutions, Inc. ($32.50) regarding Recreation Complex:
(Solutions Invoice)
gg) Pay invoice from Compton Engineering, P.A. ($225.00) regarding Shearwater Bridge railing:
(Compton Invoice)
Items f and x were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Jalanivich, to approve the Consent Agenda, excluding items f and x.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, 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 and Richard Schmidt. Ashley Hendren, Charles Rivers and Danny Dubaz were absent.
(Tri Star Documents)
Motion by Jalanivich, seconded by Gill, to accept the recommendation of the Review Section Committee to grant a 2 ft. east side yard variance and a 3 ft. front yard variance to Tri Star Properties, Inc. on Lot 1, Iberville Landing.
At this time discussion was held on the motion. Alderman Lloyd questioned why a newly approved development would require a variance. The City Planner explained that the variance would allow for a looped drive with two access points onto I’berville Dr. versus the original drive with six different access points over a 180’ to 200’ range, thereby reducing the number of vehicles backing out onto I’berville Dr. He said that it was not in their report or part of the original application and thought that was why the Review Section Committee disagreed with the Planning Department’s recommendation. Alderman Lloyd removed his objection. Mayor Ainsworth called the question and the vote was as follows:
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Hendren, Rivers and Dubaz
(Ederer Documents)
Motion by Jalanivich, seconded by Gill, to accept the recommendation of the Review Section Committee to grant a 5 ft. front yard variance to Mary Ann Ederer on Lot 2, Iberville Landing.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Members Hendren, Rivers and Dubaz
Motion by Cody, seconded by Lloyd, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McDonnell, to ratify the actions of the full Zoning and Adjustment Board.
VOTING AYE ALL
VOTING NAY NONE
At this time discussion was held regarding item f of the Consent Agenda. Alderman Jalanivich asked that the item be discussed later in executive session.
The City Engineer said that he was still trying to set up a meeting with Batson & Brown concerning the railing and lighting issues with Shearwater Bridge.
Motion by Lloyd, seconded by Jalanivich, to authorize the Public Works Director to extend the Shearwater Bridge railing on the south side of General Pershing to a safe point at the bottom of the curve.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that a replacement for the broken street light on Shearwater Bridge had been ordered and should be installed later this month.
Alderman Jalanivich asked about the status of the Hwy 90 east lighting project. The City Engineer reported that the design was complete and would be submitted to the State Highway Dept. for approval. He said that the City’s cost to light all of Hwy 90 would be approximately $65,000.00, but added that the City could install lighting only at intersections, if interested. He recommended the City wait until funding was available and do the entire project at once. He hoped to have the plans and specs approved by May to begin the bidding process.
At this time Alderman Gill addressed a drainage problem in front of 10 Pine Lake Court in Lakeview Subdivision. The property owner, Alison Beach, was present and presented picture of the problem. Alderman Gill reported that the lake would backup into the cul-de-sac and flood. He said that the curbing, which was built low, impeded the drainage, causing the water to backup into the cul-de-sac.
Motion by Gill, seconded by Dalgo, to authorize the City Engineer to review the drainage problem between lots 5 and 6 on Pine Lake Court in Lakeview Subdivision, develop a solution, and report back to the Board with a recommendation.
At this time discussion was held regarding the motion. Alderman Jalanivich felt the problem was caused by the ditch not being kept clean and suggested arch pipe with a grate be installed at the end of the street. Mrs. Beach said that she was not aware of the problem until after the house was built. The Public Works Director said that the original solution was for the developer, Randy Wrigley, to lower the water table of the lake by two inches, which he did. The City Planner noted that there was a spillway to accommodate extra water during storms and that Mr. Wrigley had told him that he has opened the valve to lower the lake when necessary. Mrs. Beach added that the cul-de-sac never dries out. After hearing all discussion on the motion, Mayor Ainsworth called the question, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
(Kennedy Resignation)
Motion by Jalanivich, seconded by Gill, to accept the resignation of Colby Kennedy, effective February 6, 2004, and authorize the Public Works Director to begin the process to fill the vacancy, and if necessary, to allow him to work with the Mayor to get a temporary replacement.
VOTING AYE ALL
VOTING NAY NONE
(Electronic Speed Signs – Governor’s Hwy Safety Program)
Motion by Dalgo, seconded by Gill, to accept the recommendation to place electronic speed signs on Ocean Springs Rd. near Old CCC Camp Rd., Government St. between Heron Bayou and Davis Bayou, and Government St. near Water Oaks Cove as outlined in the recommendation.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that had several work sessions had been held with the Mayor, City Attorney, City Engineer and himself regarding the Hwy 90 east water and sewer extension. He said that he could not give a date as of yet and added that the Board would have to address the issues of easements and funding aside from the $500,000.00 grant.
The City Engineer said that he would have specs ready by next week to advertise for the sale and/or removal of the two unused water tanks. He said that the two options would be for someone to pay the City for the tanks and remove them, or for the City to pay for someone to remove the tanks.
Motion by Cody, seconded by Jalanivich, to authorize the City Clerk to advertise for bids for the sale and/or removal of the two unused water tanks with specs provided by the City Engineer.
VOTING AYE ALL
VOTING NAY NONE
Alderman Cody reported that the ditch on Holcomb Blvd. in front of Emmanuel Baptist Church and Bradford Circle did not qualify for grant funds and said that the area of the high school, church and Bradford Circle are affected when flooding occurs. He said that the pipe in front of the church had collapsed. Alderman Cody also reported a problem with the ditch on Alice St. in front of the Park Commission building and noted that Public Works could not clean the ditch at certain time of the year because their equipment would become stuck.
Motion by Cody, seconded by Carvin, to allow Alderman Cody to meet with the City Engineer and Public Works Director to review the ditches on Holcomb and Alice St. and report back to the Board with a recommendation to resolve the flooding problems.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
Alderman McDonnell thought that calculations for the ditches might be part of the drainage study done by Neel-Schaffer and suggested the City Engineer review the study before proceeding.
The Public Works Director asked that Compton Engineering, as the engineering firm for the sewer rehab project, be allowed to meet with Compliance EnviroSystems, Inc. to interpret the sewer system evaluation study so they could get started on the sewer rehab work. He noted that Compliance EnviroSystems, Inc. would be paid for the consultation from EPA grant funds.
Motion by Jalanivich, seconded by Dalgo, to allow Compliance EnviroSystems, Inc. to meet with Compton Engineering regarding the sewer system evaluation study as requested.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich reported that the downtown area needed about five handicap parking spaces. The City Planner advised that a parking study was currently underway and noted that handicap spaces would require ramps and the loss of some parking spaces. He stated that handicap parking would be incorporated in the parking study and expected to have a recommendation ready for the next meeting.
Alderman Jalanivich reported a problem with overhanging bushes and tree limbs on Lover Lane, Shearwater Dr./East Beach Dr. and Holcomb Blvd. Alderman Cody suggested each Alderman review their ward and submit a list of problem area to the Public Works Director.
Motion by Jalanivich, seconded by Carvin, to allow Public Works to trim back the overhanging bushes and tree limbs so that they are not a safety issue and to notify the Aldermen in advance of any trim work being done in their individual ward.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING NAY Alderman Gill
At this time discussion was held regarding item x of the Consent Agenda. The City Planner presented the following letter and reported that the Church of the Living God at 1412 Bienville Blvd. was very unsafe and dangerous and felt that an emergency situation exists.
(Dilapidated Church Letter)
He asked that the Building Official be authorized to take the necessary steps to have the building removed. Alderman Jalanivich said that he had been in contact with the property owner, Carl Sheffield, who was well aware of the condition of the building and who has said he would have the building torn down within the next week to 10 days. The City Planner said that he concurred with Alderman Jalanivich in allowing the property owner to take care of the matter himself.
Motion by Jalanivich, seconded by McDonnell, to authorize the Building Official to begin the process to remove the structure at 1412 Bienville Blvd. if it is not removed by the owner in a timely fashion.
VOTING AYE ALL
VOTING NAY NONE
(Resolution Determining Necessity for Lot Cleaning – 602 Rhonda Lane)
Motion by Gill, seconded by Jalanivich, to adopt the above and foregoing Resolution.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that the traffic study preformed by Gulf Regional Planning Commission did not warrant 3-way stops at Pershing/Calhoun and Shearwater/Pine, however, other measures were warranted on General Pershing. He said he would have the results of the study at the next meeting.
Motion by McDonnell, seconded by Jalanivich, to remove the 3-way stops for Pershing/Calhoun and Shearwater/Pine from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell suggested that speed calming devices be placed on General Pershing and Shearwater since they were turned down for the 3-way stops. He was most concerned with speeding on General Pershing in the areas of Freedom Field and between Calhoun and Kensington, and also on Shearwater Dr. in the area of Shearwater Pottery and Pine Dr. Alderman McDonnell suggested that funds to pay for the devices could be taken equally from his, the Mayor’s, and Aldermen Jalanivich’s and Lloyd’s capital discretionary funds.
Motion by McDonnell, seconded by Carvin, to authorize the City Planer to contract with the company in Alabama to install two traffic calming devices on General Pershing and one on Shearwater Dr. at the locations described above, and to waive the $10,000.00 requirement for sealed bids.
At this time discussion was held regarding the motion. Alderman McDonnell noted that some residents of General Pershing were present and asked that they be allowed to speak on the issue. Tom and Pat Weaver and Barbara Campbell expressed their concerns about the speeding problem on their street and spoke in favor of traffic calming devices being installed. Alderman Gill asked what the difference in liability was between the old style speed bumps and the new traffic calming devices. The City Attorney replied that the newer type devices were infinitely safer due to scientific design so as to minimize any damage to the vehicle and any loss of control. He added that they were safer from a liability standpoint as well. The City Planner said that they were recommending the prefab devices because they reduce liability on the City and place it more on the manufacturer. He noted that Mobile, AL, has had this type device installed for years and that he was only aware of two lawsuits brought against them, both of which were dismissed. After hearing all discussion on the motion, Mayor Ainsworth called the question, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Gill, to allow the City Planner and City Engineer to report back to the Board with measurable criteria for the placement of traffic calming devices for the Board’s review and consideration.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell asked that the Police Chief review the current speed limit of 30 mph once the traffic calming devices are installed and provide a recommendation as to whether or not the speed limit should be lowered. Alderman Lloyd asked that the corner of Porter and General Pershing at Freedom Field be squared off to help prevent speeding around the corner. The City Planner was asked to review the intersection and report back to the Board with a design.
Motion by McDonnell, seconded by Cody, to allow the Engineering Inspector to review the approaches to Shearwater Bridge to determine if a sidewalk can be scratched out on either side of the bridge and report back to the Board with a cost estimate.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Dalgo, to hire the firm of Bolton/Lack to provide architectural services for the renovation of the current police station.
At this time discussion was held on the motion. Alderman Lloyd asked what the building would be renovated for. The Fire Chief suggested moving Central Fire Station to the renovated building to have a second fire station located south of the railroad tracks. He felt it was necessary due to the location of the Villa Maria and Samaritan House, as well as older homes in the district. Alderman Lloyd voiced some objection due to the narrow roads and was concerned about fire trucks maneuvering in a residential area. The Fire Chief proposed leaving the fire truck in this area of town, adding that the pumper would not respond, for example, to a fire east of Bechtel or Halstead. After hearing all discussion on the motion, Mayor Ainsworth called the question, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Dalgo, to allow the City Attorney to be reimbursed for travel expenses and meals to attend the Municipal Attorney’s section of the MML Conference in Jackson on January 21-22, 2004.
VOTING AYE ALL
VOTING NAY NONE
New Business
The appointment to the Tree Committee was held over until the next meeting.
The owner of the property at 7613 Bienville Blvd. asked about the City’s plans for extending water and sewer services on the south side of Hwy 90 east and expressed concern about being charged a special assessment for the improvements. The Public Works Director explained that the cost estimate was close to $3 million. He added that the City had received a $500,000.00 grant to provide water on the south side and hoped to get a permit from the State Highway Dept. to install both water and sewer. He expected the plans to be submitted to the Board within the next 30 days, but said that the Board would have to decide how it would be financed, who was going to pay for it, and what the rate of return would be.
Sgt. Laverm Young expressed safety concerns about the dilapidated building at 1412 Bienville Blvd. and asked that it be temporarily blocked off so that people, especially children, could not walk by the building. Alderman Jalanivich advised Sgt. Young that he had spoken to Rev. Sheffield and had been assured that he would have the building torn down within the next week. The Public Works Director asked the City Attorney if the Board needed to declare some type of emergency to allow him to go onto private property. The City Attorney replied that in order to get onto private property he would need to go through public access. The Public Works Director reported that there was not public access for him to get to the building, as it was bordered by either state, railroad or private property. The City Attorney suggested the following motion to allow Public Works access to block off the property.
Motion by Dalgo, seconded by Carvin, to acknowledge that the Board is familiar with the condition of the property at 1412 Bienville Blvd., to agree that it constitutes a safety hazard and that it is dangerous, to enter into the minutes a finding that it constitutes an eminent safety matter, and that the City should take the necessary measures to block off the area from public access, most especially children.
VOTING AYE ALL
VOTING NAY NONE
Sgt. Young asked that the news media print the main items on the agenda to make the public aware of what would be discussed at Board meetings.
Motion by Jalanivich, seconded by Carvin, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Dalgo, to go into Executive Session to discuss personnel and economic development.
VOTING AYE ALL
VOTING NAY NONE
The Deputy City Clerk announced to the audience that the Board had elected to go to Executive Session to discuss personnel and economic development.
The Executive Session began at 8:00 p.m. and ended at 8:55 p.m.
Alderman Carvin was temporarily absent at this time.
Motion by Dalgo, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Carvin
Motion by Cody, seconded by Dalgo, to pay the docket of claims.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Carvin
Alderman Carvin returned to the meeting at this time.
Motion by Cody, seconded by Gill, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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