REGULAR MEETING OF APRIL 2, 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 April 2, 2002, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and Deputy City Clerk Diane Northrop.  Aldermen Lloyd and McDonnell, and City Clerk Adrienne Howell were absent.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

At this time Mayor Ainsworth presented the following Proclamation to Terri Ramsey of the Center for the Prevention of Child Abuse proclaiming the month of April 2002 as Child Abuse Prevention Month.

 

(Proclamation)

 

Consent Agenda

 

        City Clerk:

a)      Approve Minutes of Recess Meeting of March 19, 2002, as presented

b)      Approve Minutes of Recess Meeting of March 21, 2002, as presented

c)      Approve Minutes of Recess Meeting of March 27, 2002, as presented

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

(Docket Summary)

e)      Accept Action Report

f)        Authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action No. 2002-0603-JB, “Joe West Realty, Inc., et al v. City of Ocean Springs, et al”:

(Memo)

g)      Refund Randolph and JoEdna Fagan, Jtrs., $32.10 for additional research charges on parcel no. 05107216.000 related to voided 1997 Tax Sale:

(Tax Memo)

h)      Adopt Resolution voiding 2001 Tax Sale of parcel no. 0517216.000 and refund $33.30 to purchaser at said sale:

(Tax Memo)

        Police Dept.:

i)        Accept Police Reserve Report for October 2001 and pay stipend of $200.00

j)        Accept Police Reserve Report for November 2001 and pay stipend of $160.00

k)      Approve 3rd quarter FYE 2002 clothing supplement ($250.00) for officers designated by Police Chief:

(Clothing Allowance Memo)

l)        Approve training and travel for Capt. Terry Harris, Investigators John Flowers and J. D. Owens, and Investigators Lt. Derek Hoppner and Doug Nelson as outlined in Police Chief’s memo of March 26, 2002, prepay tuition and pay all other reasonable and actual expenses:

(Training Memo)

m)    Approve upgrade of court software through ETA Data Direct ($8,931.25) and purchase of Ithaca receipt printer ($695.00), terminal ($300.00) and Lexmark laser printer ($489.00) with funds from COPS 2000 Technology Grant:

(Software Upgrade Memo)

n)      Approve purchase of Dell Optiplex GX240 computer system ($1,555.28) from Dell with funds from COPS 2000 Technology Grant:

(Computer Purchase Memo)

        Fire Dept.:

o)      Pay reasonable and actual meal expenses for Fire Fighters Larry Turner and Richard Mays who have been approved to attend Chevron Fire Fighting School at College Station, TX on April 7-12-2002

        Public Works:

p)      Accept proposal from Frank H. Dunaway, P.E., for preparation of a traffic safety study for traffic and regulatory warning signs regarding Governor’s Highway Safety Program Grant:

(Traffic Safety Memo)

q)      Allow Public Works Director to purchase 220 American Flags

r)       Reject bids for City Street and Sidewalk Rehabilitation Program and authorize City Clerk to readvertise for bids:

(Bid Memo)

        Community Development & Planning:

s)       Allow Terry Agar to take Residential Building Inspectors examination (in Biloxi or Long Beach) on July 13, 2002, prepay the $100.00 exam fee and pay all other reasonable and actual expenses

t)        Accept General Agreement between City of Ocean Springs and Mississippi Dept. of Transportation regarding Urban Youth Corps Transportation Enhancement Program and authorize Mayor to sign said agreement on behalf of the City ($25,000.00 maximum funding):

(Youth Corps Documents)

u)      Approve Request for Payment No. 7 from Graham Construction ($21,925.80) regarding CDBG Public Facilities Project (Cash Alley) and release payment upon receipt of CDBG funds:

(Graham Invoice)

v)      Accept the Memorandum of Agreement with the Mississippi Dept. of Archives and History regarding the Mary C. O’Keefe Cultural Center, authorize the Mayor to sign said agreement, and authorize submission of a covenant agreeing to continued preservation and maintenance of the building for 25-year period from date of grant award:

(MOA – O’Keefe Center)

        Miscellaneous:

w)    Adopt the FYE 2002 Amended Budget for the Park Commission as presented:

(Park Commission Budget Amendment)

 

Item q was removed from the Consent Agenda for further consideration.

 

Motion by Dalgo, seconded by Gill, to approve the Consent Agenda, excluding item q.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Department Reports

 

City Clerk

 

Motion by Jalanivich, seconded by Cody, to contact the vendors who submitted proposals on the automatic door openers for the Senior Citizens Building to determine if the prices are still good and to proceed with installation of the door openers, contingent upon funds being available.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Police Dept.

 

The Police Chief had requested a hearing be held with regard to a personnel matter.  Mayor Ainsworth, with the Board’s concurrence, scheduled the hearing for April 10, 2002 at 6:00 p.m.

 

City Engineer

 

At this time Mayor Ainsworth reported that the Selection Committee, which consisted of the Mayor, City Attorney, Public Works Director and Aldermen Jalanivich and Lloyd, had reviewed the engineering proposals received for the Holcomb Blvd. Project and recommended that the proposal be awarded to Moran, Seymour & Associates.

 

Motion by Gill, seconded by Jalanivich, to accept the Selection Committee’s recommendation to award the contract engineering for the Holcomb Blvd. Project to Moran, Seymour & Associates.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

The subject of Engineering Tech was held over until the April 16, 2002 meeting.

 

Public Works

 

At this time discussion was held regarding item q of the Consent Agenda.  Alderman Carvin asked if all of the flags on Highway 90 needed replacing or just some of them.  Paul Rivers of Public Works responded that most of the flags were faded and/or in poor condition and should be replaced.

 

Motion by Jalanivich, seconded by Cody, to approve item q of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Alderman Dalgo reported that the drainage ditch on Johnson Dr. in Woodhaven Subdivision contained debris and needed cleaning. 

 

Alderman Cody was concerned that the contractor for the new school administration building was placing debris in the nearby drainage ditch. 

 

Motion by Jalanivich, seconded by Cody, to authorize the City Attorney to confer with the School Board attorney to determine if there is any recourse for the City’s drainage system being filled in due to the school administration building construction project at the corner of Holcomb and Government.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Community Development & Planning

 

(New South Architect Invoice)

 

Motion by Cody, seconded by Gill, to approve Invoice No. 6 from New South Architects in the amount of $29,760.00 for design work related to the Mary C. O’Keefe Cultural Center and pay said invoice upon receipt of funds from HUD.

 

VOTING AYE Aldermen Cody, Carvin, Dalgo and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

The City Planner reported that there had been a discrepancy in the legal description of The Woodlands Subdivision plat.  He stated that the Planning Commission had approved the amended plat at a special call meeting and asked that the Board grant approval also.

 

(The Woodlands Subdivision – Amended Plat)

 

Motion by Carvin, seconded by Gill, to accept the amended plat for The Woodlands Subdivision.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

(Hidden Oaks Subdivision – Final Plat Approval)

 

Motion by Jalanivich, seconded by Carvin, to accept the recommendation to grant Final Plat Approval to Hidden Oaks Subdivision.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

The City Planner requested that the issues of Boathouses and Kirk Homes’ request for a sidewalk bond refund be removed from the agenda until further notice.

 

Motion by Cody, seconded by Gill, to authorize the City Engineer to review the sidewalk at Lot 33 Deana Road Subdivision, determine the problem, and have the contractor correct the problem if it is his responsibility, contingent upon the correction not causing a drainage problem.

 

VOTING AYE Aldermen Jalanivich, Cody, Carvin and Gill

VOTING NAY Alderman Dalgo

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Buford Myrick’s request for a setback variance at 2211 Government St. was held over until the April 16, 2002 meeting.

 

OLD BUSINESS

 

(Gulf Coast Symphony Letter)

 

Motion by Dalgo, seconded by Carvin, to deny the request of the Gulf Coast Symphony for $2,500.00 funding for their Memorial Day concert in Pascagoula.

 

Alderman Jalanivich temporarily left the meeting at this time.

 

VOTING AYE Aldermen Carvin and Dalgo

VOTING NAY Aldermen Cody and Gill

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

There being a tie vote, the Mayor voted “NAY” and the motion failed.

 

Alderman Jalanivich returned to the meeting at this time.

 

Motion by Cody, seconded by Gill, to provide $2,500.00 funding to the Gulf Coast Symphony for their Memorial Day concert in Pascagoula.

 

Motion by Carvin, seconded by Dalgo, to table the issue.

 

Alderman Jalanivich temporarily left the meeting at this time.

 

VOTING AYE Aldermen Carvin and Dalgo

VOTING NAY Aldermen Cody and Gill

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

There being a tie vote, Mayor Ainsworth voted “NAY” and the motion failed.

 

At this time Mayor Ainsworth allowed discussion on the previous motion to provide $2,500.00 funding to the Gulf Coast Symphony.  Alderman Dalgo agreed that the Gulf Coast Symphony was a worthy organization, but reminded the Board that this was an additional request for funds and was not included in the budget.  He added that he had spoken to the City Clerk earlier in the day and that she had asked that the Board not approve any unbudgeted expenditure.  After further discussion on the issue, Mayor Ainsworth called for the question and the vote was as follows:

 

VOTING AYE Aldermen Cody and Gill

VOTING NAY Aldermen Carvin and Dalgo

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

There being a tie vote, Mayor Ainsworth voted “AYE” and the motion carried.

 

Alderman Jalanivich returned to the meeting at this time.

 

I’berville Dr. Traffic Reconfiguration was held over until the April 16, 2002 meeting.

 

(516 Jackson Ave. – Lot Cleaning Report)

 

Motion by Cody, seconded by Jalanivich, to accept the report from the Code Enforcement Officer and discontinue the lot cleaning process regarding the property at 516 Jackson Ave.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Appointment of a Hazard Mitigation Commission was held over until the April 16, 2002 meeting.

 

Engineering Tech was tabled until the April 16, 2002 meeting.

 

Motion by Jalanivich, seconded by Cody, to table the issue of city water meters on private property until the April 16, 2002 meeting.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Highway 90 Street Lighting was held over until the April 16, 2002 meeting.

 

Motion by Jalanivich, seconded by Cody, to table the issue of median grass cutting contract until the April 16, 2002 meeting.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

(Cellular Phone Service Contract)

 

Motion by Cody, seconded by Jalanivich, to accept the Mayor’s recommendation to award the cellular phone service contract to Cellular South.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

NEW BUSINESS

 

(Sheree Ranson – Street Closing for St. John’s Episcopal Church Renaissance Festival)

 

Motion by Jalanivich, seconded by Cody, to close Robinson St. from Washington Ave. west to Church St. for the St. John’s Renaissance Festival on June 1-2, 2002, and that the event be coordinated with the Police Dept.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Architect Maria Bargas submitted the following letter on behalf of Maria Mavar, owner of the property at 1304 Government St., asking that the property be tied into the storm drainage project currently underway on Government St. as originally proposed.

 

(Bargas Letter)

 

Ms. Bargas told the Board that the building permit was issued and the slab was poured based on plans approved by the City prior to the project being scaled back.  Mayor Ainsworth asked that the matter be held over for two weeks so he could confer with the City Engineer on the matter.

 

(Kennerly Documents re: Shearwater Bridge)

 

Motion by Cody, seconded by Carvin, to request Shea McNease of Batson & Brown Engineering to review the safety matters brought before the Board of Aldermen at a previous meeting by Amanda Kennerly, that the matter be reviewed for the Board’s consideration and that the documents be spread upon the minutes.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Motion by Cody, seconded by Jalanivich, to authorize Public Works to install a water line to the entrance of Beverly Place Subdivision for landscape maintenance.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Motion by Carvin, seconded by Cody, to request the appropriate power company to perform a street lighting study on Lemans Court.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Motion by Cody, seconded by Carvin, to appoint Louise Butler to the Ocean Springs Library Board to fill the unexpired term of Chet Butler.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

AUDIENCE REQUEST

 

No one addressed the Mayor and Board of Aldermen at this time.

 

Motion by Cody, seconded by Gill, to go into Closed Session to determine the necessity for an Executive Session.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Motion by Cody, seconded by Gill, to go into Executive Session to discuss a personnel matter and excuse the clerk.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

The Deputy City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss a personnel matter.

 

After approximately 15 minutes the Executive Session ended.

 

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

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd and McDonnell

 

Alderman Carvin was absent at this time.

 

Motion by Cody, seconded by Jalanivich, that the Mayor review the vehicle policy for the City of Ocean Springs and prepare a list of all vehicles and employees taking vehicles home, that he review the policy with the department heads to make sure they understand all of the ramifications and that he prepare a revised list for Board approval.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd, McDonnell and Carvin

 

Motion by Jalanivich, seconded by Cody, to recess until 6:00 p.m. on April 10, 2002.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Lloyd, McDonnell and Carvin

 

 

 

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

            ________________                                                         ________________

                        Date                                                                              Date