REGULAR MEETING OF SEPTEMBER 3, 2002

 

 

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 September 3, 2002, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill, and City Clerk Adrienne Howell. City Attorney Oscar Jordan was absent.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

Consent Agenda

 

        City Clerk:

a)      Approve Minutes of Regular Meeting of August 6, 2002

b)      Approve Minutes of Special Call Meeting of August 8, 2002

c)      Approve Minutes of Recess Meeting of August 13, 2002

d)      Approve Minutes of Recess Meeting of August 20, 2002

e)      Pay Docket of Claims and spread docket summary upon the Minutes:

(Docket Summary)

f)        Authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action No. 2002-1941-PW, “Betty L. Harris v. City of Ocean Springs, et al” regarding parcel no. 07322229.000:

(Answer Letter)

        Police Dept.:

g)      Hire Karen L. George as Dispatcher at Band 1/Step 3 ($9.33 hr.) upon successful completion of all pre-employment requirements:

(George Hire Letter)

h)      Approve payment of travel expenses ($68.37) for Det. Louis Miller regarding Manix trial in Magee, MS on August 11-12, 2002:

(Miller Expenses Letter)

        City Engineer:

i)        Award construction bid for Holcomb Blvd. and Highway 90 Road Improvements (STP-9069-00(002)/103874) to B & B Utility Contractors, Inc. ($149,196.30), pending concurrence of award from Mississippi Dept. of Transportation:

(Holcomb & Hwy 90 Bid Award Letter)

        Public Works:

j)        Pay invoice from Graham Construction Co., Inc. ($557.80 – retainage) regarding sewer work performed on General Pershing:

(Graham Invoice)

k)      Pay invoice from Graham Construction Co., Inc. ($337.50 – retainage) regarding sewer work performed on Government St.:

(Graham Invoice)

l)        Pay invoice from Graham Construction Co., Inc. ($11,098.80) regarding sewer repairs at Lift Station No. 48 (Brumbaugh):

(Graham Invoice)

        Community Development & Planning:

m)    Allow City Planner to attend Tennessee/Mississippi American Planning Association Conference in Memphis on October 16-18, 2002, prepay $110.00 registration fee and pay all other reasonable and actual expenses

n)      Refund $300.00 to Mary Marr Beckman for unnecessary sewer tap connection fee paid:

(Beckman Refund)

o)      Pay invoice from New South Architects ($2,620.00) regarding Mary C. O’Keefe Cultural Center upon receipt of federal funds:

(Germany Invoice)

p)      Approve Application for Payment No. 4 from Fletcher Construction Co., Inc. ($145,536.30) regarding Mary C. O’Keefe Cultural Center and pay invoice upon receipt of federal funds:

(Fletcher Invoice)

q)      Approve Change Order No. 1 ($62,000.00) regarding masonry repairs at Mary C. O’Keefe Cultural Center:

(Change Order #1)

         Risk Manager/HR Director:

r)       Ratify invoice for Fire Dept. physicals due to the fact that HR Director was listed under Fire Dept. and Mayor Ainsworth authorized HR Director to participate in physical to properly evaluate program; approve payment of $203.00 for HR Director participation:

(HR Director Physical)

        Miscellaneous:

s)       Cancel agreement with Carl B. Hamilton regarding installation of traffic signal on Highway 90 at Maurepas Landing and refund the $100,000.00 plus interest held in escrow:

(Hamilton Letter)

 

Item r was removed from the Consent Agenda.

 

Motion by Gill, seconded by Jalanivich, to approve the Consent Agenda, excluding item r.

 

VOTING AYE ALL

VOTING NAY NONE

 

Department Reports

 

City Clerk

 

The City Clerk reported that she had met today with the Police Chief concerning the Court Fund budget.  They recommended increasing the Court Fund budget by $10,000.00 to offset the shortage in anticipated revenues and the transfer of $18,000.00 to the COPS Technology Grant Fund to meeting the matching funds requirement.

Motion by Jalanivich, seconded by Gill, to transfer $10,000.00 from the General Fund to the Court Fund to complete the last month of operations in FYE 2002.

 

VOTING AYE ALL

VOTING NAY NONE

 

Police Dept.

 

Motion by Jalanivich, seconded by Gill, that no items are to be placed before the Board that do not make the agenda deadline, and that a section be created on the agenda for a Mayor’s report to handle any emergency items coming before the Board.

 

VOTING AYE ALL

VOTING NAY NONE

 

(Letter re: Ward Ave.)

 

Motion by Jalanivich, seconded by Gill, to authorize the City Attorney to draft an ordinance to repeal the ordinance designating a portion of Ward Ave. as a one-way street.

 

VOTING AYE ALL

VOTING NAY NONE

 

Fire Dept.

 

Alderman Cody reported that Pecan Park School has requested one police officer and one firefighter be present at the school on September 11, 2002.

 

(Renewal of E-One Fire Truck Insurance)

 

Motion by Lloyd, seconded by Cody, to renew the commercial auto insurance policy for the E-One Fire Truck with The Insurance Center at a cost of $4,247.00 with a $2,500.00 deductible and authorize payment of the premium.

 

VOTING AYE ALL

VOTING NAY NONE

 

City Engineer

 

Motion by Jalanivich, seconded by Gill, to fix the Government St. crossings and take the remaining money from Kappa Development to pay for the repairs, and to use brick inlay if legal.

 

VOTING AYE ALL

VOTING NAY NONE

 

Community Development & Planning

 

Motion by McDonnell, seconded by Cody, to open the lot cleaning hearings regarding the property on the west side of Taylor St., Parcel No. 60120160.000 and 1228 Vermont Ave.

 

VOTING AYE ALL

VOTING NAY NONE

 

Neither the property owner nor a representative was present for the hearing.  The City Planner reported that he had contact with the owner of the Taylor St. property and that the owner indicated he intends to do something there.  However, the City Planner asked the Board to move forward with the lot cleaning process in order to avoid delay should the owner not comply.

 

Motion by Jalanivich, seconded by Cody, to proceed with the next step in the lot cleaning process regarding the property on the west side of Taylor St., Parcel No. 60120160.000.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Planner reported that the property at 1228 Vermont has some overgrown trees that are causing sight problems in the curve.  He added that his department had not been able to contact the property owner, however a legal notice had been published in the newspaper.

 

Motion by Jalanivich, seconded by Cody, to proceed with the next step in the lot cleaning process regarding the property at 1228 Vermont Ave.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by McDonnell, seconded by Cody, to close the lot cleaning hearings.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Cody, seconded by Gill, to ratify the two motions made in the public hearing.

 

VOTING AYE ALL

VOTING NAY NONE

 

Alderman Lloyd noted that the City had received a letter from the manager of BB’s Restaurant requesting the center lane on Highway 90 be made a turning lane and wanted the City to pursue the idea.

 

Motion by Lloyd, seconded by Cody, to forward the letter from BB’s Restaurant to the State Highway Dept requesting the center lane of Highway 90 be made a turning lane all the way through so people can have access to all the businesses, and to include a letter of recommendation from the City asking them to follow it.

 

VOTING AYE ALL

VOTING NAY NONE

 

Old Business

 

The City Clerk reported that the group reviewing the audit management letter had not yet had an opportunity to meet.  The item was held over until the next meeting.

 

Shae McNeese of Batson and Brown Engineering presented the following change order regarding the Shearwater Bridge Replacement Project for the Board’s consideration.

 

(Change Order No. 1 – Shearwater Bridge Project)

 

Motion by McDonnell, seconded by Gill, to approve Change Order No. 1 to the Shearwater Bridge Replacement Project in the total amount of $38,420.00 for adding four decorative lights and decorative railing.

 

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Dalgo and Gill

VOTING NAY Aldermen Lloyd and Carvin

 

Alderman McDonnell reminded the Board that the Jackson County Board of Supervisors was contributing $162,500.00 for the project and HOSA had increased their commitment to $12,000.00.  The City Clerk asked if engineering fees were included in the $346,110.00 cost of the project.  Mr. McNeese replied that engineering fees would be $33,500.00 and were not included in the project cost.  Expenses for the project were not expected until the FYE 2003 budget year.

 

Motion by McDonnell, seconded by Gill, to send a letter of appreciation to the Jackson County Board of Supervisors and HOSA for their participation in the Shearwater Bridge Replacement Project.

 

VOTING AYE ALL

VOTING NAY NONE

 

New Business

 

At this time Gloria Skillestad addressed the Board as an interested citizen regarding 1699 and Fort Maurepas.  She asked what the Board expected to do with the Fort and suggested there were funds available through the National Preservation Committee and other committees to repair and complete the fort.  She stated that 1699 and the Fort Maurepas Society had trouble getting help with the reenactments.  She requested the Park Commission be given control of the fort and that the 1699 Historical Committee and the Fort Maurepas Society be reorganized with new ideas from the City and the citizens of Ocean Springs.

 

Alderman Jalanivich advised Mrs. Skillestad that the Board recently budgeted $30,000.00 for repair and maintenance of the fort and that the Park Commission was reviewing the possibility of accepting responsibility for it.  Alderman McDonnell suggested the vandalism problem at the fort resulted from under-utilization of the property.  The City Planner stated that CLG grants may be available for the fort and was asked to provide a list to the Board for the next meeting.  Mayor Ainsworth reminded the Board that the reason the City had been denied previous grants for the fort was because it is not located on the actual historic site.

 

Motion by Cody, seconded by Jalanivich, to establish a committee comprised of Aldermen Jalanivich, McDonnell and Cody to work with Mary Terry and the 1699 Historical Committee to bring Fort Maurepas to it’s final stage of development.

 

VOTING AYE ALL

VOTING NAY NONE

 

Alderman McDonnell asked Parks Director Damian McKay if the Park Commission was interested in additional programs at Fort Maurepas.  He replied that he had looked at some things, but did not want to take over the day to day functions.  The City Planner was asked to provide a list of uses allowed under the zoning for the fort.  The first meeting of the newly formed committee was scheduled for Sunday, September 8, 2002 at Fort Maurepas.

 

Audience Request

 

Carrol Tussey of 1917 Stuart St. asked if the millage had been levied yet for Ocean Springs and wondered if the taxes would remain the same.  Mayor Ainsworth replied that the actual assessment figures had not yet been received from Jackson County, but expected they would be in soon.  He added that the public hearing on the FYE 2003 budget was scheduled for Friday, September 6, 2002, at 6:00 p.m.

 

Motion by Carvin, seconded by Gill, to go into Closed Session to determine the necessity for an Executive Session regarding personnel in Community Development and Planning and potential litigation.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss potential litigation and personnel matters in the Community Development and Planning Dept.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation and personnel matters in the Community Development and Planning Dept.

 

The Executive Session began at 7:35 p.m. and Attorney Jerry Wallace and Consultant Joe Lustek joined the Board at that time, remaining until 9:05 p.m.  City Planner Donovan Scruggs then joined the Board in Executive Session and remained until the session ended at 9:15 p.m.

 

Alderman Jalanivich was temporarily absent at this time.

 

Motion by Carvin, seconded by Gill, to resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

 

Alderman Jalanivich returned to the meeting at this time.

 

At this time Mayor Ainsworth recognized Attorney Jerry Wallace, who addressed the Board on behalf of himself and Consultant Joe Lustek.  He told the Board that they had been asked back in 2000 to assist the City with the completion and implementation of the Comprehensive Plan, specifically from a municipal growth or expansion strategy aspect.  He stated that as a result of their study, they had identified two areas for possible annexation: the available area to the northeast along the Highway 57 corridor and to the northwest along the area of Washington Ave. extending up toward I-10. 

 

Mr. Wallace told the Board that they had reviewed the assessed value of the properties and the potential for income from sales tax revenues and other revenues.  He added that they also reviewed the issue of the St. Martin Utility District and the unique provisions in the local and private legislation under which it was created.  Mr. Wallace advised that the legislation requires that if any municipality annexes any portion of that utility district that it shall propose annexation of the entire utility district.  They recommended that the Board proceed with annexation along the entire boundaries of the utility district as an initial step, as the court chancellor has the authority to approve whatever area he determines is reasonable, based upon evidence presented by the City.  He stated that the City would have an opportunity to pare down that area to an area which is in the best interest of the City, the utility district, the people who live out there and the present residents of Ocean Springs. 

 

Mr. Wallace anticipated that the annexation would improve development and land values, while insuring that the area wouldn’t be a burden upon the City’s existing tax base or existing taxpayers.  He projected that the combined areas would include about a 50% increase in ad valorem assessed value as well as a substantial increase in sales tax income.  He believed the increase would more than offset the cost of providing general municipal services such as police, fire, zoning and planning, etc.  He added that 50% or more of the parcels in the areas are unimproved and are available for development with the prospect of income in the future to benefit that area and the existing residents. 

 

Mr. Wallace told the Board that it was his and Mr. Lustek’s recommendation that they proceed with adoption of the ordinance in accordance with the property boundaries discussed, with the understanding that the Board would have the opportunity, once the matter was deposed and in play, to meet with the utility district and the commissioners that govern the district and work out a plan that would be beneficial to all.

 

ORDINANCE NO. 6 – 2002

 

AN ORDINANCE ENLARGING AND EXTENDING

THE CORPORATE BOUNDARIES OF THE

CITY OF OCEAN SPRINGS, JACKSON COUNTY,

MISSISSIPPI; SPECIFYING THE MUNCIPAL

OR PUBLIC SERVICES TO BE RENDERED THEREIN, THE

PLANNING AND ZONING SERVICES TO THE PROVIDED

THEREFOR AND THE IMPROVEMENTS TO BE MADE IN THE

ANNEXED TERRITORY; AND, FOR OTHER

PURPOSES GERMANE THERETO

 

Motion by Cody, seconded by Jalanivich, to adopt the above and foregoing ordinance.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Gill, seconded by Jalanivich, to recess until 6:00 p.m. on September 6, 2002.

 

VOTING AYE ALL

VOTING NAY NONE

 

 

 

 

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

            ________________                                                    ________________

                        Date                                                                              Date