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 February 5, 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.
The Scorpion Patrol of Boy Scout Troop 271 was present to earn their “Citizenship in the Community Merit Badge” and led the Pledge of Allegiance.
City Clerk:
a) Approve Minutes of Recess Meeting of January 15, 2002
b) Approve Minutes of Recess Meeting of January 16, 2002
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Accept Action Report
e) Adopt Resolution voiding 2001 Tax Sale of Parcel No. 61034114.000 and refund $143.00 to purchaser at said sale:
(Tax Resolution)
f) Adopt Resolution voiding 2000 Tax Sale of Parcel No. 60127380.000 and refund $145.37 to purchaser at said sale:
(Tax Resolution)
g) Refund $143.56 to Randolph and Jo Edna Fagan for erroneously paid taxes on Parcel No. 05107216.000:
(Letter: Tax Refund)
h) Increase mileage reimbursement rate from 34.5 cents to 36.5 cents per mile for City employees and officers traveling on official business in their private vehicle:
(Letter: Mileage Reimbursement Increase)
Police Dept.:
i) Accept Police Reports for December 2001 and Calendar Year 2001
j) Accept Police Reserve Report for September 2001 and pay $180.00 stipend
k) Accept resignation of Det. Brian Kestner, effective February 1, 2002, and authorize Police Chief to begin process to fill vacancy:
(Kestner Resignation)
l) Hire Michael K. Sweeney as Patrol Officer at Band 4/Step 5 ($12.11 hr.) and Mary J. Taylor as Dispatcher at Band 3/Step 1 ($9.33 hr.), contingent up successful completion of all pre-employment requirements:
(Sweeney/Taylor Hire Letter)
m) Approve training for Dets. John Flowers, Doug Nelson, J. D. Owens and Lt. Derek Hoppner as outlined in Police Chief’s memo dated January 29, 2002, prepay registration fees and pay all other reasonable and actual expenses:
(Training Memo)
n) Accept new list of Police Dept. unmarked vehicles and spread list upon the minutes for exempt status in accordance with §25-1-87 of MS Code Annotated 1972:
(Undercover Vehicle List)
o) Allow Ptn. Sean Blevins and Jason Krohn to attend Patrol Officers Response to Street Narcotics in Meridian on February 11-15, 2002, and pay reasonable and actual expenses
Fire Dept.:
p) Allow Firefighters Larry Turner and Richard Mays to attend Chevron Fire Fighting School at College Station, TX, on April 7-12, 2002 and orientation class on February 7, 2002 (all expenses paid by Chevron)
q) Allow Firefighter Matthew Bigelow to attend Basic EMT Refresher Course at Mississippi Gulf Coast Community College sometime in February or March at cost of $50.00
Public Works:
r) Accept resignations of James Eriksen, effective January 22, 2002, and Sheila Ward, effective February 1, 2002:
(Eriksen/Ward Resignations)
s) Place Street Dept. Laborer Nathan Lee on full-time status, effective February 6, 2002, and place him at Band 1/Step 2 ($7.69 hr.):
(Lee Probation Letter)
t) Pay invoice from Graham Construction Co., Inc. ($25,818.75) regarding drainage repairs on Diller Rd.:
(Graham Invoice)
u) Allow Public Works Director to proceed with Traffic and Regulatory Warning Signs grant through Mississippi Office of Highway Safety (City match of $2,500.00):
(Letter: Traffic Sign Grant)
Community Development & Planning:
v) Grant permit to Mark Wells for construction of bulkhead and pier at Lot 42 Magnolia Bayou (3707 Point Clear Dr.):
(Wells Pier Documents)
w) Accept Historic Preservation Commission’s recommendation to grant COA for Bill Cruthirds at 612 Cleveland Dr.:
(Cruthirds COA Documents)
x) Award contract for purchase of trees in connection with Transportation Enhancement Tree Planting Project to DeLuca’s Nursery in the amount of $9,170.00 and authorize City Planner to purchase additional trees at bid prices to an amount consistent with funding ($15,000.00) awarded by Mississippi Forestry Commission:
(Letter: Bid Award - Tree Planting Grant)
City Attorney:
y) Pay City Attorney’s bill for December 2001 ($1,880.00)
Miscellaneous:
z) Declare Park Commission Dodge Truck (unit #40) as surplus and approve it for auction on February 9, 2002:
(Letter: Surplus Truck)
aa) Adopt Resolution supporting Mississippi Gulf Coast Community College’s efforts to obtain line item support for the loop road project at the Jackson County Campus:
(Resolution)
Items c, i and o were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Dalgo, to approve the Consent Agenda, excluding items c, i and o.
VOTING AYE ALL
VOTING NAY NONE
City Clerk
Item c of the Consent Agenda was discussed at this time. Alderman Lloyd asked the Police Chief why a repair shop located outside of the city was chosen to perform repair work on police vehicles instead of a local vendor. The Police Chief responded that most of the repair work on Ford vehicles has been done through a Ford dealership. Alderman Lloyd asked that local vendors be given consideration when possible.
Motion Lloyd, seconded by Jalanivich, to approve item c of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.
The Police Chief requested that item o of the Consent Agenda be removed, as the school was full and no one from the Police Dept. would be attending.
At this time item i of the Consent Agenda was discussed. The Police Chief was asked why the court fines and assessment figures on the Police Report for Calendar Year 2001 came in under budget. He attributed the difference to the lack of a warrant officer and a viable collection agency, and a personnel shortage due to new employee training.
Motion by Jalanivich, seconded by Dalgo, to approve item i of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Gill, to authorize the Police Chief to study the need for a 3-way stop on Linnett Dr. somewhere in the vicinity of Booth Circle, Reynolds Lane and Lynn Therese, and report back to the Board at the next meeting with a recommendation.
VOTING AYE ALL
VOTING NAY NONE
(Bechtel Blvd. Street Repairs)
Motion by Jalanivich, seconded by Gill, to expend up to $5,645.00 for the necessary street repairs on Bechtel Blvd.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director told the Board that the cracked and broken concrete street panels on Tara Lane and Katy Lane had risen about 1½ inches, allowing water to get in, affecting the road base and sub-base. He stated that although some work could be done in-house, repairs would require a good bit of work and estimated that a 4,000 sq. ft. area could cost as much as $46,000.00. He noted that the current contract for concrete street and sidewalk repairs expires this month and asked for permission to readvertise for bids in hopes of obtaining better rates.
Motion by Gill, seconded by Cody, to authorize the City Clerk to advertise for 6-month term bids for Concrete Street and Sidewalk Repairs with specs provided by the Public Works Director.
VOTING AYE ALL
VOTING NAY NONE
The Board agreed that there was no money available at this time for repairs to Tara Lane and Katy Lane.
Motion by Dalgo, seconded by Carvin, to table the issue of street repairs to Tara Lane and Katy Lane.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Carvin, to table the issue of boathouses until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
At this time Shea McNease of Batson & Brown Engineering asked what the Board’s wishes were regarding the Shearwater Dr. Bridge.
Motion by McDonnell, seconded by Jalanivich, to accept the base bridge price of $280,000.00 and the options of decorative railing and lights at $26,700.00, for a total price of $306.700 for the Shearwater Bridge, and to authorize the engineer to spec and advertise bids based on those amounts.
At this time discussion was held regarding the motion. The City Clerk reported that the project was not budgeted and that provisions needed to be made to fund the bridge. Alderman Carvin wanted to table the issue until the Audit/Finance Committee was consulted and could come up with financing.
Mr. McNease stated that the engineer’s estimate for the bridge, when presented, should be within 5% of the actual cost. He added that the project could be ready for bid in 30 days, with a bid award in 60 days.
Alderman Dalgo asked that the record show he had a hard time justifying to his constituents why the City couldn’t afford to fix roads that were causing damage to their cars, but wanted to spend $26,000.00 for aesthetics for the bridge. He was bothered that the Board was not taking care of needs, but trying to address wants.
Alderman McDonnell stated that he was recommending what his constituents wanted.
After much discussion, Mayor Ainsworth called for the question and the vote was as follows:
VOTING AYE Aldermen Jalanivich, McDonnell and Gill
VOTING NAY Aldermen Lloyd, Cody, Carvin and Dalgo
THE MOTION FAILED.
Motion by Cody, seconded by Carvin, to authorize the Audit/Finance Committee to develop a plan to finance the bridge, with an option for the alternates, and report back to the Board at the next meeting with a recommendation.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
Motion by Lloyd, seconded by Dalgo, to authorize Batson & Brown Engineering to proceed with the $280,000.00 base bridge and leave it open for alternates.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth called for a 10-minute break, after which time the meeting resumed.
Due to the absence of the City Attorney, the Free Speech & Press Release Policy was held over until the next meeting.
Alderman Cody reported that he no longer wished to rescind the resolution previously adopted by the Board that objected to some expansion of the Inner Harbor, and asked that the resolution be forwarded to the Jackson County Board of Supervisors as adopted.
Mary Holem read aloud the following resolution regarding the “Rookery” on behalf of the Ocean Springs Art Association and submitted letters from Gail Bishop of the Environmental Concerns Committee and the Ocean Springs Girl Scouts.
(Inner Harbor Expansion Resolution & Letters)
Motion by McDonnell, seconded by Cody, to accept the petition from the Ocean Springs Art Association and the letters from Gail Bishop and the Ocean Springs Girl Scouts and spread them upon the minutes.
VOTING AYE ALL
VOTING NAY NONE
At this time comments were heard regarding the suggestion to make I’berville Dr. one-way from Ames Ave. east to Washington Ave. Mr. Lloyd felt that I’berville Dr. should be a neighborhood road and not a thoroughfare, and wanted to inconvenience as few people as possible in making that happen. He had asked for input from the residents so that any decision the Board made would be beneficial to the neighborhood.
(Resident Comments)
City Planner Donovan Scruggs reported that the majority of written comments received from the neighborhood were in favor of the plan. He added that the primary dissenter was the Church of Christ, who felt it would create a severe hardship on some of their elderly members. Mr. Scruggs alternately suggested moving the barrier that was to be placed at Ames Ave. down to Washington and I’berville, which would limit access onto Washington, and erecting a “Dead End” sign.
Harold Baugh, an Elder of the Church of Christ, and several other members of the Church were present. They agreed that action should be taken to alleviate the amount of traffic on the street, however they still foresaw problems with the current plan and stated they would be willing to review any alternate solutions. They suggested leaving I’berville as it is until after the construction on Hwy 90 is complete and that the issue be redressed if the construction does not alleviate some of the problems.
Although residents were sympathetic with the Church of Christ, they wanted corrective measures taken because they felt the traffic situation on I’berville was unsafe. Several suggestions made included placing a speed table at the intersection, placing speed bumps down the road, and using landscaped circles at the center of the intersection to slow traffic down. Mr. Scruggs stated that a speed table would help the speeding problem, but not the traffic problem.
The Police Chief advised the Board that there were guidelines in determining traffic control devices and that, for instance, a stop sign should not be placed to regulate speed, but to make people stop for the appropriate reasons. He added that proper traffic control devices should be used for the problem at hand.
Aldermen Lloyd and McDonnell, and the Police Chief were to work with the City Planner to develop a solution.
Motion by Lloyd, seconded by Carvin, to table the issue until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Carvin, to reappoint Willis White to a 5-year term on the Tree Committee ending January 19, 2007.
VOTING AYE ALL
VOTING NAY NONE
Dee Wichman explained that in the fall of 2000 she had applied to move a small house onto a lot beside her house at the corner of Porter and Ward Ave., but because her present house sits the wrong way on her two lots, she needed a lot split. The small house belonged at that time to the Ocean Springs Church of Christ, and permission for the Church to move the house had to be granted by the Historic Preservation Commission. After receiving approval for the house to be moved, and after diagrams and surveys were prepared, Ms. Wichman was told a moratorium had been placed on subdivisions. The City Planner told the Board that Ms. Wichman had begun the necessary process toward having the lots split prior to the moratorium be placed in July 2001.
Motion by McDonnell, seconded by Gill, to allow Ms. Wichman to apply for a lot split since she had begun the process prior to the moratorium being in effect.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Gill, to accept the resignation of Paul Bradford from the Planning Commission and send him a letter of appreciation for his service to the City.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Carvin, to appoint Craig Joachim to the Planning Commission to fill the unexpired term of Paul Bradford.
VOTING AYE ALL
VOTING NAY NONE
The agenda item “Nottingham Rd. Street Light” was held over until the next meeting.
No one in the audience addressed the Mayor and Board of Aldermen at this time.
Motion by Gill, seconded by Carvin, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to go into Executive Session to discuss potential litigation and personnel matters.
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.
After approximately 40 minutes the Executive Session ended.
Motion by Carvin, seconded by Cody, to adjourn the Executive Session and resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to recess until 6:00 p.m. on February 19, 2002.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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