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 December 3, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Gill was absent.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
Joe Ziegler of the Dept. of Marine Resources presented the City with a Tidelands Fund check in the amount of $100,000.00 for the community pier project at Fort Bayou.
Motion by Jalanivich, seconded by Cody, to hire Joe Gill, LLC to continue as lobbyist with the State Legislature for the City of Ocean Springs for tidelands funds and projects assigned and approved by the Board.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Boy Scouts Scott Payne and Daniel Payne from Troop 271 were present earning their Citizenship in the Community Merit Badge.
City
Clerk:
a) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket)
b) Accept Action Report
Police Dept.:
c) Hire Carol Randall Morris as Dispatcher, effective December 4, 2002, and place her at Band 3/Step 2 ($9.78 hr.), contingent upon successful completion of all pre-employment requirements:
(Morris Hire Letter)
d) Place Patrolman Jason Byrd on full-time status, effective December 3, 2002:
(Byrd Full-time Letter)
e) Hire Charles Michael Jenson as Patrol Officer, effective December 20, 2002, at $25,000.00 yr. and hire Harry Barnett Harris as Patrol Officer, effective December 16, 2002, at $23,000.00 yr., both contingent upon successful completion of all pre-employment requirements:
(Jenson/Harris Hire Letter)
Fire
Dept.:
f) Accept Fire Report for October 2002
g) Place Firefighter Tim Heath on full-time status, effective December 7, 2002:
(Heath full-time letter)
h) Allow Firefighter Jarod Coates to attend Emergency Medical Technician Refresher Course at MS Gulf Coast Community College, Jeff Davis Campus, on December 6-8, 2002, prepay $50.00 registration fee and pay all other reasonable and actual expenses
i) Approve 2003 MS State Fire Academy Training Course for Fire personnel as outlined in memo dated November 26, 2002, prepay all necessary registration fees and pay all other:
(Fire Personnel Travel Memo)
Public Works:
j) Authorize expenditure for Community Pier Repairs based on written quotes not to exceed $15,000.00:
(Community Pier Letter)
k) Pay invoice from Graham Construction Co., Inc. ($5,906.70) regarding sewer repairs on Hunter Dr. due to Tropical Storm Isidore/Hurricane Lili:
(Graham Invoice)
l) Pay invoice from Graham Construction Co., Inc. ($1,233.20 – retainage) regarding work performed on Lift Station No. 48:
(Graham Invoice)
m) Pay invoice from Graham Construction Co., Inc. ($5,542.20) regarding sewer repairs on Hunter Dr.:
(Graham Invoice)
n) Award bid for Sanitary and Storm Sewer Rehab and Water Distribution System to Graham Construction Co., Inc. at the rates outlined in their bid:
(Bid Award)
o) Promote Jessie Wells to Sewer Dept. Supervisor and place him at Band 7/Step 2 ($16.21 hr.):
(Wells Promotion Letter)
Community Development & Planning:
p) Adopt Resolution Assessing Lot Cleaning Cost of $717.64 regarding 328 Teringo Circle:
(Lot Cleaning Resolution)
q) Refund Dempsey Levi $300.00 for sewer tap connection fee at 103 Holcomb Blvd., which was not required:
(Levi Refund)
r) Issue building permit to Judy Guice for bulkhead and wing-wall at 239 Lovers Lane:
(Guice Bulkhead)
s) Refund William Schoen a total of $1,787.00 for building permit and tap fees paid at 2449 Davidson Rd., as he has cancelled his plans to build on the site:
(Schoen Refund)
t) Refund Richard McPhearson $300.00 paid for road repair in conjunction with his water meter, water tap and sewer tap, as road repair was not necessary:
(McPhearson Refund)
u) Accept Planning Commission recommendations as follows:
1. Ruby Havard/Walley Page – deny request to rezone property at corner of Government & Hanley from R-2/C-3 to C-3:
(Havard/Page Documents)
2. Joseph Fountain/Fountain CPA Group, P.A. – approve request for use of crushed limestone as parking surface at 1115 Bienville Blvd.:
(Fountain Documents)
Motion by Dalgo, seconded by McDonnell, to approve the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Police Dept.
The Board recognized the Ocean Springs Police officers for solving the recent bank robbery so quickly.
The City Engineer reported that Kappa Development would be working on the drainage problem at the front and west side of Oak Park Elementary.
The Public Works Director reported that he had a meeting scheduled for Friday with Mimosa Cove developer, Bruce Tolar, in efforts to resolve the sewer line problem and reopen the street. He recommended the street remain closed until the necessary repairs have been made, as reopening the street to traffic could cause the sewer line to collapse, leaving 111 home without sewer.
(PWD Letter – Hwy 90 Water Main Extension)
The Public Works Director submitted the foregoing letter regarding projected costs for the Hwy 90 water main extension. He estimated 5-6 weeks construction on the project once the bids are awarded and the materials are received.
Alderman Jalanivich asked what it would take to extend the sewer also and suggested the City Engineer look for available funding sources.
Motion by Jalanivich, seconded by Lloyd, to authorize Moran, Seymour and Associates to apply for appropriate funding for the sewer extension on both sides of Hwy 90 and for water extension on the south side.
VOTING AYE ALL
VOTING N AY NONE
ABSENT AND NOT VOTING Alderman Gill
(Letter – Engineering Services RFP’s)
Motion by Lloyd, seconded by Jalanivich, to award the RFP’s for Professional Engineering Services relative to the Sewer Rehab Program to Moran, Seymour and Associates, Inc.
VOTING AYE ALL
VOTING N AY NONE
ABSENT AND NOT VOTING Alderman Gill
Mayor Ainsworth reported that Tom Parnell Construction should begin some time the middle of the month with grub work and with relocating utilities in the area for the Shearwater Bridge project.
Mayor Ainsworth read aloud the following proclamation proclaiming December 12, 2002, as Arbor Day in the City of Ocean Springs.
(Proclamation – Arbor Day)
The City Planner presented a letter to the Board with regard to speeding up the lot cleaning process. The matter was held over until the next meeting.
(Jones COA)
Motion by McDonnell, seconded by Dalgo, to accept the recommendation of the Historic Preservation Commission to deny a Certificate of Appropriateness to Robert Jones, Jr. at 418 Ruskin Ave.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Motion by McDonnell, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell and Cody
VOTING NAY Aldermen Carvin and Dalgo
ABSENT AND NOT VOTING Alderman Gill
Aldermen Carvin and Dalgo did not go into the Closed Session.
Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss actual litigation pertaining to the Lyons suit and the White suit, and potential litigation.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Carvin, Dalgo and Gill
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss actual litigation pertaining to the Lyons suit and the White suit, and potential litigation.
The Executive Session began at 6:45 p.m. and ended at 7:15 p.m. The City Attorney was present during the session.
Motion by McDonnell, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Alderman Jalanivich recused himself at this time.
Motion by McDonnell, seconded by Dalgo, to adopt the concept of impact fees for the City of Ocean Springs.
VOTING AYE ALL
VOTING N AY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Gill
Motion by McDonnell, seconded by Carvin, to instruct the City Planner to draft the ordinance and provide the Board with a rough draft in 30 days outlining the particulars of the impact fees.
VOTING AYE ALL
VOTING N AY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Gill
Motion by McDonnell, seconded by Dalgo, to ask the City Planner to develop a rough draft of a set of objective criteria similar to what Jackson County uses to in granting tax exemptions for commercial business and present that at the same time the rough draft of the impact fee ordinance is presented so the Board can look at what it can do concerning the commercial side of the fees.
VOTING AYE ALL
VOTING N AY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Gill
Alderman Jalanivich returned to the meeting at this time.
The Board directed that subdivision moratorium be listed as an item on the next agenda.
(Answer to Confirm Tax Title – Breland)
Motion by Jalanivich, seconded by Dalgo, to authorize the Mayor to sign the Answer to Complaint to Confirm Tax Title, Civil Action No. 2002-2534-JB, Ronald B. Breland, et al, vs. City of Ocean Springs, et al.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Mayor Ainsworth reported that Anna Schoonover of Solutions, Inc. had faxed two different reports to the Board concerning the recreation property.
Motion by Jalanivich, seconded by Cody, to authorize the Mayor, any Aldermen and any department head to attend the MML Mid-winter Conference in Jackson on January 21-23, 2003, prepay the registration fee and pay all other reasonable and actual expenses.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Mayor Ainsworth reported that he and Mike Mangum of the City of Pascagoula were scheduled to appear before the Jackson County Board of Supervisors’ on December 16, 2002, seeking their support or no objection to the Mississippi Optional Sales Tax issue. The Board of Aldermen concurred with his appearing.
At this time the Board addressed Doug Well’s issue regarding the purchase of his service weapon. The Police Chief gave the Board a copy of the state statute concerning the criteria for purchasing a service weapon and stated his recommendation was not in favor of it.
Motion by Lloyd, seconded by Dalgo, to rescind the previous motion and follow the Police Chief’s recommendation not to allow Doug Wells to purchase the service weapon.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Park Superintendent Damian McKay reported that the cost for Mississippi Power to rework the lights at Freedom Field was $31,213.00, plus $2,400.00 to take the transformers out. He asked that the City pay half of the cost.
Motion by Jalanivich, seconded by Carvin, to split the cost for the Freedom Field lights with the Park Commission and use monies received from Jackson County other than Road and Bridge, subject to them granting approval.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Motion by Dalgo, seconded by Lloyd, to allow the City Clerk to amend the FYE 2003 Budget to allow the Freedom Field lighting project.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
The issue of temporary soccer and football fields was held over until the next meeting.
The purchase of land for an Ocean Springs sports gym was held over until the next meeting.
Motion by Cody, seconded by McDonnell, that pending the outcome of the meeting on Friday, and coming to some resolution as to how to fix it or not coming to a resolution, to have the Public Works Director to proceed with repairs to the road in Mimosa Cove and open it as soon as possible.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Gill
The issue concerning Sunplex sewer force main was held over until the next meeting.
Damian McKay requested the City contribute 1/3 of the cost for the Little Children’s Park restrooms, with 1/3 coming from the Park Commission and the remaining 1/3 coming from Jackson County, the Chamber or Commerce, HOSA, etc. He was asked to bring back plans with a cost estimate and to confer with the Public Works Director to determine what the City’s cost would be to extend the necessary water and sewer lines.
The letter from Rev. Scott Lenoir requesting community promotion funds for the Southern Expressions event was held over.
Cheri Hanemann complained about Bruce Tolar’s comments and demeanor concerning his plans for the Ocean Springs Seafood property and the Historic Preservation Commission. She stated that she felt he was systematically undermining the Commission and therefore the ordinance.
Curmis Broome requested he be allowed to put up a sign on the south side of his building on Government St. The City Planner reported that Mr. Broome had purchased the Jitney sign and had applied for a sign permit to install the sign, however the sign was approximately 80 ft. in area and only 60 ft. was allowed. The issue was to be addressed by the Zoning and Adjustment Board.
Doug Denehie of 503 Forest Hill Dr. was disgruntled because he had head that the sports complex had been put on the back burner in lieu of a $3 million gymnasium. The Board told Mr. Denehie that the City had been working as hard as possible toward the sports complex issue and did not know of any other way to speed up the permitting process.
Motion by Jalanivich, seconded by Cody, to recess until 6:00 p.m. on December 17, 2002.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
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City Clerk Mayor
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