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 August 6, 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.
Boy Scouts Steven Hill and Chris Blevens led the Pledge of Allegiance.
At this time City Auditor Mark Toups presented the Audit Report for FYE 2001 and went over issues outlined in the management letter.
Motion by McDonnell, seconded by Cody, that the City Attorney, City Clerk and City Auditor review the matters outlined in the audit management letter and report back to the Board at the next regularly scheduled meeting.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Jalanivich, to accept the Audit Report for FYE 2001 as presented by City Auditor Mark Toups.
VOTING AYE ALL
VOTING NAY NONE
City Clerk:
a) Approve Minutes of Regular Meeting of July 2, 2002
b) Approve Minutes of Recess Meeting of July 16, 2002
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Allow City Clerk to attend Planning Workshop for Advanced Education Committee of Municipal Clerk and Collectors Association in Louisville, MS, on September 25-27, 2002, prepay $175.00 fee and pay all other reasonable and actual expenses
e) Approve salary increase for Deputy City Clerk Diane Northrop from Band 6/Step 7 ($16.36) to Band 6/Step 9 ($17.13):
(Northrop salary increase)
Police Dept.:
f) Allow Dispatcher James Catchot to attend Communications Officer Re-certification Course in Philadelphia, MS on August 14-15, 2002, prepay $150.00 course fee and pay all other reasonable and actual expenses
g) Accept resignation of Ptn. Darren Scott Clayton, effective July 28, 2002, and authorize Police Chief to begin process to fill the vacancy:
(Clayton resignation)
Fire Dept.:
h) Accept resignation of Firefighter Larry Turner, effective August 3, 2002, and authorize Fire Chief to begin process to fill the vacancy:
(Turner resignation)
i) Hire David W. Wicker as Firefighter at Band 4/Step 2 ($8.88 hr.) and place him on one year’s probation, contingent upon successful completion of all pre-employment testing requirements:
(Wicker Hire Letter)
j) Hire Paul D. Baker as Firefighter at Band 4/Step 1 ($8.46 hr.) and place him on one year’s probation, contingent upon successful completion of all pre-employment testing requirements:
(Baker Hire Letter)
City Engineer:
k) Approve Change Order No. 2 ($38,854.00) for Vice Construction Co. regarding Ft. Bayou Boat Ramp Improvements Project:
(Change Order)
l) Accept recommendation to phase sewer extension project for Eagle Point, Eagle Nest and Quave Roads as proposed and authorize City Clerk to advertise for construction bids for the Eagle Point/Eagle Nest portion:
(Eagle Point Sewer Letter)
Public Works:
m) Approve invoice from Frank Dunaway ($25,000.00) regarding Traffic Safety Study in conjunction with Governor’s Highway Safety Program and pay invoice upon receipt of funds from the State of Mississippi:
(Dunaway Invoice)
n) Pay invoice from Twin L Construction ($4,630.50) regarding Tropical Storm Allison repairs on Pine Dr.:
(Twin L Invoice)
o) Pay invoice from Graham Construction Co., Inc. ($116.20 – retainage) regarding sewer rehab work on Hanley Rd.:
(Graham Invoice)
p) Pay invoice from Graham Construction Co., Inc. ($10,262.25) regarding sewer repairs at Lift Station #51 (Culeoka):
(Graham Invoice)
q) Accept billing for electrical service to Park Place Subdivision lift station and street lights:
(Park Place Lights)
r) Place Ronald Brown on full-time employee status, effective July 16, 2002:
(Brown letter)
s) Pay invoice from ACE Construction Co., Inc. ($4,109.01) regarding asphalt paving at Hanshaw Rd. and Bechtel Blvd. railroad crossings:
(ACE Invoice)
Community Development & Planning:
t) Begin lot cleaning process for property on west side of Taylor St., parcel no. 60120160.000, and schedule hearing for September 3, 2002:
(Taylor St. Lot Cleaning)
u) Begin lot cleaning process for 1228 Vermont Ave. and schedule hearing for September 3, 2002:
(Vermont Ave. Lot Cleaning)
v) Approve Planning Commission’s and Planning Director’s recommendation to accept the scope of work and proposal from Eco-Systems, Inc. and authorize them to perform environmental consulting services regarding Finicky Pet Foods, Inc. at a cost not to exceed $6,000.00:
(Eco-Systems Proposal)
Risk Manager/HR Director:
w) Pay invoices from North Greenville Fitness and Cardiac Rehabilitation Clinic, Inc. totaling $11,594.00 for completion of Police and Fire Departments physicals:
(Physical Invoice)
Miscellaneous:
x) Adopt FYE 2002 Budget Amendment for Ocean Springs Park Commission:
(Budget Amendment)
Items g, h and s were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Dalgo, to approve the Consent Agenda, excluding items g, h and s.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Jalanivich, to make it policy that the City of Ocean Springs conforms to the new purchasing law requirements, but to stay with the $10,000.00 cap for sealed bids and to include that in the event of hardship or in the view of the department head that there would be a loss of benefit to the City, to increase the limit to $15,000.00.
VOTING AYE ALL
VOTING NAY NONE
At this time City Clerk Adrienne Howell presented the Board with the following information and recommended that the City change back to the Delta payroll program. She also recommended hiring a full-time payroll clerk and transferring certain duties from human resources to payroll. She stated she had been instructed to notify Pete Benjamin of ADP to be present for the meeting and had done so.
(Payroll recommendations)
She told the Board that there were numerous problems with the ADP payroll program, that there were discrepancies between the billings and the contracted amounts, and felt the company did not adequately serve the City’s needs. She added that one report that took less than 10 minutes on the Delta system took as long as 4 hours to complete with ADP. She asked the Board to consider the facts presented and determine if there was cost justification for ADP’s services. She added that she had backup to substantiate her report.
At this time Alderman McDonnell asked to recognize Mr. Benjamin. He asked Mr. Benjamin how his communication had been with the City and if anyone from the City was fully capable of handling the ADP payroll program. Mr. Benjamin replied that he had not received 100% cooperation, but that as far as capabilities went, he had not spent much time with the people working to accomplish what was set out to be accomplished and it had been a real struggle. He stated that he had dealt with as many as 4 or 5 people, but acknowledged that his contact person with the city was Adrienne Howell.
Mrs. Howell told the Board that she had spoken to the Mayor, Mr. Benjamin and Dianne Cousins numerous times about the problems encountered with the payroll system and added that communications with ADP had been less than satisfactory. She added that there was no one contact person with the company, and stated that on one issue alone five different people with ADP had tried to address an issue just within the past week that was still unresolved. Mr. Benjamin stated he had not been contacted about the problems. Mrs. Howell replied that although she had not contacted Mr. Benjamin individually because he was a salesman, that she and her staff contacted the people whom they were instructed to contact concerning problems, the people who actually perform the work.
Alderman McDonnell brought up the issue of hundreds of hours of uncompensated time that was credited back to various employees because they had not been paid and blamed a manual timekeeping system. He expressed concern that the back time would cost the City thousands of dollars. Mrs. Howell reminded him that the uncompensated time was never reported to payroll and consisted of records that the employees kept on their own because they were told by their department head and superiors not to submit the time. She added that the majority of the time had been credited to personal leave and would be transferred to the state retirement system upon separation of employment, and that it did not involve tax dollars.
Alderman Dalgo stated that automated payroll and automated time and attendance were two separate issues. He added that everyone agrees that the City needs to go to automated time and attendance, but that the issue on the table tonight is how the City is going to take care of payroll. Alderman Lloyd stated that even the automated system is manual to a point because the time can be overridden.
Alderman Dalgo asked if there was a written employee policy on time and attendance. Mrs. Howell advised him there was not, although she had made a request to the Mayor and Human Resource Director that a citywide policy be written. She advised that she had one for her department and the Public Works Director advised that he had one for his department. Alderman Dalgo asked the HR Director if she had addressed the lack of a policy. Ms. McDonnell stated that she was waiting to see if the City was going to use time clocks or hand scans. Alderman Dalgo stated that a time and attendance policy should be in place prior to a timekeeping system being installed and thought she ought not to wait. Members of the Board agreed.
Mr. Benjamin stated that he had submitted memos to the Board that outlined implementation schedules and suggested timeframes. He stated that he had emailed analysis forms to the City Clerk that ADP needed back in order to configure the automated software to properly apply work rules, pay policies, overtime rules, etc. He stated that he found out tonight that the reason he did not get the analysis back is because there is no pay policy. Mrs. Howell stated that another issue over the past month was who was going to implement the program. She asked if her department was responsible for implementing the system because, if so, she did not have the personnel to do it. She stated that another ongoing issue has been whether or not to hire a full-time payroll clerk.
Alderman Lloyd suggested forming a committee of Aldermen to review the payroll issues and determine what the problems are. He stated he was ready to ditch the ADP payroll program because the City didn’t have these types of problems before and felt the Board was trying to put a round peg in a square hole and it wasn’t working. Aldermen Cody, Carvin and Dalgo agreed. Mr. McDonnell asked that Mr. Benjamin be given the opportunity to tell his side of the story and asked Mr. Benjamin submit his answers to the undisputed facts presented by Mrs. Howell in writing to the Mayor and Board of Aldermen, as well as the facts about what he has had to deal with since November 2001 and how the system has bogged down. Mr. Benjamin replied that he would be glad to provide that to the Board.
Motion by McDonnell, seconded by Dalgo, to authorize an audit of all employee time cards by the State Audit Dept. for a period extending back one year.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin and Dalgo
VOTING NAY Aldermen Lloyd and Gill
Motion by McDonnell, seconded by Jalanivich, that a report be provided to the Board regarding the number of hours credited to employees in the last 24 months for compensatory time.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Lloyd
Police Dept.
At this time discussion was held regarding items g and h of the Consent Agenda.
Alderman Dalgo reported that the Finance Committee was looking at a new ranking system for firefighters and policemen. He stated that it was not only competitive, but was probably superior to anything out there besides the larger municipalities. He felt that it would go a long way toward correcting the problem.
Motion by Dalgo, seconded by Cody, to approve items g and h of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that a final closeout of the CDBG project had been made and was $8,000.00 under budget.
Motion by Lloyd, seconded by Cody, to authorize the City Engineer to pursue grant monies for other drainage projects throughout the City.
VOTING AYE ALL
VOTING NAY NONE
(Bienville Place Phase IV – Lift Station)
Motion by Dalgo, seconded by Cody, to assume the electrical service to the lift station in Bienville Place Subdivision, Phase IV.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Dalgo, to authorize the Public Works Director to pursue avenues for funding from the Jackson Co. Board of Supervisors for paving.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to authorize the Mayor to sign the necessary documents with the Mississippi National Guard in order to accept the 250’x250’ section of property at the armory for a water tank.
VOTING AYE ALL
VOTING NAY NONE
At this time discussion was held regarding item s of the Consent Agenda. Alderman Jalanivich complained that the railroad crossing repairs at Bechtel and Hanshaw needed correcting.
Motion by Jalanivich, seconded by Cody, to delay payment of the invoices from ACE Construction Co., Inc. until the Bechtel Blvd. and Hanshaw Rd. railroad crossings were corrected.
VOTING AYE ALL
VOTING NAY NONE
(John Sparks – Water/Sewer Service at 5416 Reilly Rd.)
Motion by Lloyd, seconded by Gill, to authorize the Public Works Director to notify John Sparks in writing of the preliminary costs for water and sewer service at 5416 Reilly Rd.
VOTING AYE ALL
VOITNG NAY NONE
The City Planner reported that the property at 301 Hunter Dr. had been cleaned.
Motion by Dalgo, seconded by Cody, to discontinue the lot cleaning process regarding 301 Hunter Dr. and remove it from the agenda.
VOTING AYE ALL
VOTING NAY NONE
(Impact Fees Contract Review – Planning Works)
Motion by Cody, seconded by McDonnell, to pay the $7,500.00 and $904.43 in expenses and $4,817.50 invoice from Planning Works as outlined in the City Planner’s recommendation.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
The City Planner reported that the Urban Youth Corps Grant was nearing the end and that there was $15,000.00 in grant funds left to spend. He asked for authorization to hire another person to plant additional materials in the downtown area.
(Weimer Hire Letter)
Motion by Dalgo, seconded by Cody, to hire Steve Weimer for the Urban Youth Corps Grant Program, effective August 7, 2002 at an hourly rate of $7.50.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Gill, to amend the resolution concerning Finicky Pet Foods, Inc. to include that the Planning Commission be required to hold a public hearing prior to submitting a recommendation on the matter to the Mayor and Board of Aldermen.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Cody, to task the Planning Commission to make a determination as to whether or not pet food processing, i.e. fishing processing, is an acceptable and permitted use under the current I-2 zoning district in the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss potential litigation.
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.
The Executive Session ended after approximately 25 minutes.
Motion by Jalanivich, seconded by Gill, to resume the regular session.
VOTING AYE ALL
VOTING NAY NONE
Alderman Cody left the meeting at this time.
The City Planner reported that he had reviewed the use of the accessory cottage at 612 Cleveland Ave. and provided the Board with the following recommendation and letter of concurrence from the City Attorney.
(Recommendation Letter)
He stated that the possible uses that could apply were (1) guest cottage and (2) mother-in-law cottage, however the line was drawn at the point of rent.
Attorney Earl Denham spoke on behalf of Mr. Billy Cruthirds, who owned the property at 612 Cleveland Ave. Mr. Denham stated that Mr. Cruthirds had originally obtained a permit to renovate the cottage for his son, who now no longer needed it, however because of financial difficulties due to Mrs. Cruthirds medical condition, surgery and insurance coverage problems, they had moved into the cottage and leased the main house to a family to pay their bills before facing financial disaster. Mr. Denham stated that there must be a measure by which the City could take care of a citizen in crisis and asked for compassion. He requested the City consider granting a special exemption to allow the Cruthirds to remain in the cottage, or to table any action on the matter for 60 days to allow the Cruthirds time to have the property rezoned.
Attorney Jim Halliday spoke on behalf of Dr. John Godsey stating that there was no reason to grant an exemption or approve a zoning change. He added that with Mr. Cruthirds and his wife, as a bank official and an employee of the City of Biloxi, should be directed to contact their insurance companies to discern the reason for non-payment.
Motion by Jalanivich, seconded by Dalgo, to allow Mr. Cruthirds 60 days to resolve the problems at 612 Cleveland Ave.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Alderman Gill left the meeting at this time.
(Donated Leave Request – Lawrence Turner)
Motion by Dalgo, seconded by Carvin, to allow Firefighter Lawrence Turner to donate the total amount of his remaining sick leave upon termination to Firefighter David Fisher, contingent upon final approval by the City Attorney.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
Architect Carl Germany reported that insurance was needed for the Mary C. O’Keefe building, but that he hadn’t found anyone to insure it. He added that the existing coverage ends August 31, 2002. He suggested the most cost-effective method would be to get the contractor, Fletcher Construction Co., to extend their builder’s risk insurance to cover the entire building. The insured value had been estimated at $3 million, including furnishings. Mr. Germany was waiting for information from the City’s insurance carrier.
Alderman McDonnell expressed concern that the first function in the building was scheduled for April 2003, however there was no scope of operation yet for the building and the City needed an idea of what the insurance, utility, maintenance and other costs would be for the facility. Alderman Dalgo expressed surprise that the Friends of Mary C. O’Keefe had not yet developed operational expenses for the facility.
The City Clerk stated that she needed starting figures for the FYE 2003 budget and could amend those figures later in the budget year. She was to contact the Ocean Springs School District for figures on utilities and insurance.
Motion by McDonnell, seconded by Dalgo, to request the Friends of Mary C. O’Keefe to come back to the Board with some organizational concepts and operational plans for the use of the building and that their first meeting with the Board of Aldermen take place within the next 30 days.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
Motion by Carvin, seconded by McDonnell, to instruct the Human Resource Director to develop a timekeeping and attendance policy for the City.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
The City Attorney presented the following letter requesting the Board postpone action on the impact fee program until a ruling has been received from the Fifth Circuit Court of Appeals regarding the case involving the City of Madison.
(Attorney Letter)
(Safety Measures for Meter Readers – Animal Repellant)
Motion by Jalanivich, seconded by McDonnell, to authorize the use and purchase of ultrasonic dog repellers at a cost of $29.00 each for the meter readers.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
(MS Power Co. Letter)
Motion by Jalanivich, seconded by Carvin, to accept the recommendation of Mississippi Power Co. with regard to the installation of three 100w HPS streetlights at the Halstead Rd. bridge.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
Motion by Dalgo, seconded by Jalanivich, to appoint Ashley Hendron to the Zoning and Adjustment Board to fill the unexpired term of Keith Rhodes.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Cody and Gill
Barney Banks of 207 Ashley Place reported 45 junk automobiles parked in various yards around town and complained that it took 13 months to have 4 junk vehicles removed from close neighbors’ yards. He asked that the Ordinance No. 10-1987 (also known as the Junk Ordinance) be enforced. Mr. Banks was told that the City was in the process of trying to establish a community court to facilitate this type of issue and was asked to give his list to the City Planner for review and action.
Alderman Jalanivich left the meeting at this time.
Vicky Rhodes told the Board that the Biloxi/Ocean Springs bridge was an eyesore and asked that the City write a letter to the highway dept. requesting they make the necessary improvements.
Motion by McDonnell, seconded by Carvin, to authorize the Mayor and Police Chief to draft a letter to the State Highway Dept. requesting them to clean up the bridge and correct the safety issues, and to send an individual letter to Representative Hank Zuber and the other state elected officials in Jackson and Harrison Counties.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Jalanivich, Cody and Gill
The City Clerk requested a budget work session be held this week. Mayor Ainsworth scheduled the work session for 6:00 p.m. on Thursday, August 8, 2002.
The City Clerk suggested that since the Board has ordered an audit of the time records, the records should be gathered immediately and stored in a safe place; she asked for the Board’s direction. The Board agreed and the vault was designated as the place to store the records.
Motion by McDonnell, seconded by Dalgo, that the audit period begin July 31, 2002 and go back one year.
VOTING AYE Aldermen McDonnell, Cody, Carvin and Dalgo
VOTING NAY Alderman Lloyd
ABSENT AND NOT VOTING Aldermen Jalanivich, Cody and Gill
Alderman McDonnell clarified that the time records to be audited include time cards, time sheets, the documentation that goes with it, as well as payroll stubs that backup what was paid against those items.
Motion by McDonnell, seconded by Carvin, to recess until 5:30 p.m. on August 13, 2002.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Jalanivich, Cody and Gill
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date