RECESS MEETING OF JUNE 18, 2002

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 June 18, 2002, 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 City Clerk Adrienne Howell.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

(Sunplex Utilities Documents)

Motion by Cody, seconded by Carvin, to purchase the Sunplex Utility System.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to approve the “Contract for Sale and Purchase of Utility Systems” in substantially the form attached and authorize and direct the mayor to execute and deliver such contract together with a warrant in the amount of $5,000.00.

VOTING AYE ALL

VOTING NAY NONE

The City Planner reported that three public hearings had been held with regard to the City’s proposed impact fees: October 16 and December 12, 2001, and June 17, 2002. He told the Board that although the press had been contacted and public hearing notices had been published as required, he had received complaints from some interested parties that they were not given adequate time to prepare or had not been notified at all. He requested, as a courtesy, that one final public hearing be held on August 5, 2002, and that the issue be placed on the August 6, 2002, agenda. The deadline for submitting information for consideration prior to the public hearing was set for July 19, 2002.

Consent Agenda

City Clerk:

a) Approve Minutes of Regular Meeting of June 4, 2002

b) Accept Action Report

c) Pay docket of claims and spread docket summary upon the minutes:

(Claims Docket)

d) Approve promotional funding request from HOSA ($1,590.63) for oak tree planting as budgeted:

(HOSA Funding)

Police Dept.:

e) Accept resignation of Ptn. Richard A. Ward, effective June 26, 2002, and allow Police Chief to begin the process to fill the vacancy:

(Ward Resignation)

Fire Dept.:

f) Accept Fire Report for May 2002

g) Allow Fire Chief to approve free schools for Fire Dept. personnel where the only cost to the City would be fuel:

(Travel Memo)

h) Allow Fire Chief to attend Media Training Seminar in Jackson on June 19, 2002, and pay all reasonable and actual expenses

i) Allow Firefighters Adam Roe and Anthony Johnson to attend Fire Apparatus Driver/Operator Course at MS State Fire Academy on September 9-20, 2002 (dates may change), prepay course fee of $475.00 each and pay all other reasonable and actual expenses

Public Works:

j) Pay invoice from Graham Construction Co., Inc. ($1,316.70) regarding sewer repairs on Pimlico St.:

(Graham Invoice)

k) Pay invoice from Graham Construction Co., Inc. ($3,528.00) regarding sewer repairs at Rhodes Carpet:

(Graham Invoice)

l) Pay invoice from Graham Construction Co., Inc. ($3,225.60) regarding sewer repairs at Magnolia Ave. and Forest Hill Rd.:

(Graham Invoice)

m) Pay invoice from Twin L Construction, Inc. ($114.00 – retainage) regarding street and sidewalk repairs related to Tropical Storm Allison:

(Twin L Invoice)

n) Increase Street Dept. budget regarding Urban Youth Corps Grant as follows until reimbursement from State is received: Labor $20,000.00; Tools/Supplies $5,000.00:

Community Development & Planning:

o) Accept Building Report for May 2002

p) Approve Invoice No. 1 from Fletcher Construction Co., Inc. ($46,736.10) regarding auditorium restoration at Mary C. O’Keefe Cultural Center for Arts and Education and release payment upon receipt of funds from HUD:

(Fletcher Invoice)

q) Accept Planning Commission’s recommendation to approve lot reconfiguration for John and Elaine Majure at the corner of Calhoun St. and Russell Ave.:

(Majur Documents)

r) Accept Historic Preservation Commission’s recommendations with regard to the following COA’s:

1. Walterine Redding – 608 Cleveland Ave.:

(Redding COA)

2. Dawn McKenzie – 1207 Bowen Ave.:

(McKenzie COA)

City Attorney:

s) Pay City Attorney’s bill for May 2002 ($1,900.00)

Risk Manager/HR Director:

t) Pay balance of Acct. No. 5087 ($105.00) to Dr. Else Tracy regarding James Washington:

(Memo)

Miscellaneous:

u) Approve FYE 2002 Budget Amendment for Park Commission:

(Park Commission Budget)

Items h and n were removed from the Consent Agenda.

Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda, excluding items h and n.

VOTING AYE ALL

VOTING NAY NONE

Department Reports

City Clerk

The City Clerk reported that the committee reviewing blanket water deposits for rental property had met last night, but needed to meet again. She stated that the meeting was very productive and hoped to have a recommendation before the Board for the next meeting.

Motion by Carvin, seconded by Jalanivich, to set up the Road and Bridge funds under seven separate accounts, one for each ward and the Alderman at Large, and that they be set up in such a way that the money cannot be used unless agreed upon by that alderman for that ward.

VOTING AYE ALL

VOTING NAY NONE

Police Dept.

(Orillion Resignation)

Motion by Jalanivich, seconded by McDonnell, to accept the resignation of Ptn. Alfred J. Orillion, III, effective July 7, 2002, and allow the Police Chief to begin the process to fill the vacancy.

VOTING AYE ALL

VOTING NAY NONE

Alderman Jalanivich and the rest of the Board thanked the Police Chief and his force for solving the recent murder so quickly.

City Engineer

(Fort Bayou Boat Ramp Improvements)

Motion by Jalanivich, seconded by Gill, to accept the proposal from Vice Construction Co. to widen the wooden boardwalk associated with the Fort Bayou Boat Ramp Project from 5 ft. to 8 ft. at a cost of $9,547.00.

VOTING AYE ALL

VOTING NAY NONE

The City Engineer reported that Kappa Development and Mallette Brothers Construction were scheduled to redo the crossovers between Bechtel and Holcomb on June 26, 2002.

Motion by Jalanivich, seconded by Dalgo, to name the Fort Bayou boat ramp and community pier in honor of Percy Miller.

VOTING AYE ALL

VOTING NAY NONE

Consultant Joe Gill advised that applications for tideland funds were due by July 1, 2002, and asked the Board to prioritize its projects.

Alderman Carvin stated that the legislature required a unanimous resolution of the Board to consider a project and that since Alderman McDonnell would not support the East Beach seawall toe/boardwalk, there was no need to proceed with the project.

Motion by Carvin, seconded by Jalanivich, to rescind the motion made at the June 4, 2002, meeting authorizing Joe Gill, LLC to apply for tidelands funds for the East Beach seawall toe/boardwalk.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McDonnell, to rank the tidelands funds projects as follows: (1) a boat for the Police Dept., (2) improvements to the Ocean Springs/Biloxi fishing bridge, and (3) purchase of the Fayard property on Front Beach, and to hire Joe Gill, LLC to apply for tidelands funds for the projects.

VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo

VOTING NAY NONE

VOTING ABSTAINED Alderman Gill

Public Works

The Public Works Director reported that CSX has already scheduled repairs for the crossings at Washington Ave., Highway 57 and Hanshaw Rd., and had agreed to patch the other crossings by Thursday of this week. He added that CSX had received proposals to fully repair the crossings and was willing to do so if the City would participate in the cost of the asphalt. He estimated the cost to be $2,000.00 to $3,000.00 per crossing.

Motion by Cody, seconded by Jalanivich, to authorize the Public Works Director to review and approve the proposal for the City’s participation for the repair of all required railroad crossings by CSX.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Gill, to authorize the Public Works Director to begin the paving process based on the list of paving projects supplied.

VOTING AYE ALL

VOTING NAY NONE

The Public Works Director expected to have a recommendation regarding the proposed Engineering Tech position by the next Board meeting and asked that the matter be held over until then.

Alderman Jalanivich reported a problem with removal of dead animals on the weekends and asked where the City takes them for disposal. The Police Chief stated that dead animals are taken to the Jackson Co. Animal Shelter on weekends and that the shelter is working on a procedure. He told the Board that the animal control officer is a 40-hour per week civilian employee and is not subject to weekend standby. He added that, when necessary, patrol officers would pick up dead animals on the weekends and dispose of them.

Alderman Dalgo reminded the Public Works Director about the crushed culvert on Perryman Rd.

Community Development & Planning

(Hazard Mitigation Plan)

Motion by Jalanivich, seconded by Cody, to appoint a Hazard Mitigation Committee consisting of all of the department heads and Aldermen Curtis and Carvin, and to appoint the Building Official to serve as chairman of the committee and authorize him to take the necessary steps to begin development of a hazard mitigation plan in coordination with Jackson County.

VOTING AYE ALL

VOTING NAY NONE

City Attorney

At this time City Attorney Oscar Jordan presented the following resolution for the Board’s consideration. He recommended issuing short-term, general obligation notes in the amount of $950,000.00 to facilitate the purchase of the Sunplex utilities and cover other possible water and/or sewer extensions necessary to hook up to Sunplex and allow the systems to be looped. He added that the additional $50,000.00 proposed should be sufficient to cover all other costs such as engineering fees, etc. until long-term revenue bonds could be issued.

(Resolution Declaring Intent to Issue $900,000.00 in General Obligation Notes)

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Carvin, seconded by Jalanivich, to go into Closed Session to discuss the necessity for an Executive Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Jalanivich, to go into Executive Session to discuss potential litigation and personnel.

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.

The Executive Session ended after approximately 25 minutes and the Regular Session was resumed.

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

VOTING AYE ALL

VOTING NAY NONE

Old Business

(Lawn Care Proposals)

Motion by McDonnell, seconded by Gill, to accept the recommendation to award the proposal for lawn care maintenance to Maintain, LLC of Diamondhead, MS, until September 30, 2002, and authorize the Mayor to execute a contract on behalf of the City.

VOTING AYE Aldermen Lloyd, McDonnell and Gill

VOTING NAY Aldermen Jalanivich, Cody, Carvin and Dalgo

THE MOTION FAILED.

The matter was held over until the next meeting and the Public Works Dept. was directed to continue grass cutting on a short-term basis.

The issues regarding City water meters on private property and safety measures for meter readers were held over until the next meeting.

New Business

At this time Attorney Earl Denham addressed the Board on behalf of Andy Webb and Wallace Easley, owners of 3^rd Coast Pawn Shop, and presented the following letter.

(Letter re: 3^rd Coast Pawn Shop)

Mr. Denham stated that the pawn shop had been in business since January 2001 and wanted to move from their present location at 1319 Bienville Blvd. to 1310 Bienville Blvd, which is within 100 ft. He read aloud Section 4407.3 of the Zoning Ordinance and contended that the ordinance refers to use and not specific location. He requested that the Board make a determination that no further public hearings are needed in the matter. He added that 3^rd Coast Pawn Shop has been a good business and is an asset to the community.

Motion by Jalanivich, seconded by Cody, to approve the move for 3^rd Coast Pawn Shop from 1319 Bienville Blvd. to 1310 Bienville Blvd.

Mayor Ainsworth called for discussion on the motion.

The City Planner told the Board that he had recommended approval to the Planning Commission due to the wording in the ordinance and recommended the ordinance be tightened so that it does not lend itself to interpretation.

Alderman Gill asked the City Attorney if the Board was within its rights to approve the new location without a public hearing. The City Attorney advised the Board that because the business location would be within 100 ft of where it was before and in the same zone it would be hard-pressed to say the business would not be allowed now, and to do so would be arbitrary and capricious.

Planning Commissioners Mary Marr Beckman and Craig Joachim were present in the audience and addressed the Board. Mrs. Beckman told the Board that a special use is something not permitted because the use impacts people and that people should have a voice. Mr. Joachim expressed concern for the people who would be affected when the business moved 100 ft. and felt they should be able to speak their peace. He added that special use permits should be approved for specific locations.

Alderman Lloyd stated that although he does not support special uses and feels that they should be used cautiously, he agreed with the interpretation and said he would support the motion.

After hearing all discussion on the motion, Mayor Ainsworth called for the question and the vote was as follows:

VOTING AYE ALL

VOTING NAY NONE

Alderman Gill was temporarily absent at this time.

Mayor Ainsworth reported that the Shearwater Bridge project would be bid within 10 days and bids awarded 45 days later. He anticipated construction to begin within 30 days of bid award and for the construction to take approximately 10-12 weeks from start to finish.

Appointments

Motion by Dalgo, seconded by Jalanivich, to reappoint Oscar Jordan to a one-year term as City Attorney ending June 30, 2003.

VOTING AYE ALL

VOTING NAY NONE