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 July 2, 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.
Motion by Jalanivich, seconded by Cody, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss potential litigation and personnel.
VOTING AYE ALL
VOTING NAY NONE
The Executive Session ended after approximately 40 minutes.
Motion by Carvin, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth read aloud the following Resolution:
(Resolution re: Finicky Pet Foods)
Motion by Cody, seconded by Carvin, to adopt the above and foregoing Resolution as presented by the City Attorney.
At this time Mayor Ainsworth called for discussion on the above motion. Alderman Dalgo stated that he felt the permit issued to Finicky Pet Foods, Inc. on March 1, 2002 had been issued in error. He asked the City Attorney what consequences the City would face should he make a motion to revoke the permit.
The City Attorney advised that although there were many opinions and concerns, he felt the Board did not have all of the facts to render a proper decision. He stated that in accordance with the law he had recommended the resolution be adopted and forwarded to the Planning Commission for a complete hearing on the entire matter in order to allow everyone an opportunity to be heard. He recommended the Board wait to make a decision until all the facts are known and all the concerns have been heard and addressed. He stated that to do otherwise at this time would unequivocally subject the City to liability.
Alderman Dalgo asked that the resolution include the statement “that until further action by this Board, the Planning Director shall not issue any further permits, approvals or licenses to Finicky Pet Foods, Inc.” Having made the motion and seconding it, Aldermen Cody and Carvin agreed to the inclusion of the statement in the resolution. Mayor Ainsworth called for a vote on the motion to adopt the resolution, said vote was as follows.
VOTING AYE ALL
VOTING NAY NONE
At this time Jerry St. Pe’ gave a presentation to the Board with regard to the Partners in Progress program sponsored by the Jackson County Economic Development Foundation, Inc. Mr. St. Pe’ outlined the goals and objective of the program and provided a five-year strategic plan and budget. He asked that the City support the program by contributing $22,000.00 per year for a period of five years.
(Partners in Progress Documents)
Motion by Cody, seconded by McDonnell, to accept the funding request for $22,000.00 per year for five years for the Partners in Progress program and place it on the budget agenda.
VOTING AYE ALL
VOTING NAY
At this time Ocean Springs School Superintendent Anna Hurt presented the school district’s budget for FY 2002-2003.
(School Budget Documents)
Motion by McDonnell, seconded by Gill, to adopt the Ocean Springs School District Budget for FY 2002-2003 as presented.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth advised those present that the issue of Finicky Pet Food, Inc. had been referred to the Planning Commission. He added that there would be plenty of notice about the public hearing and plenty of time to present information to the Planning Commission for their consideration.
Elliot Mestayer, attorney for Finicky Pet Foods, Inc., asked if they would have an opportunity to speak after a recommendation was received from the Planning Commission. Mayor Ainsworth replied that they would.
Attorney Stephen Mullins, on behalf of Bienville Place residents, asked that any public hearings or meetings be published well in advance and they be held at a facility adequate to handle the number of people involved. He submitted the following documents and asked that they be entered into the record. He referred to Exhibit A as their argument which was rejected by the City concerning the revocation of the permit; Exhibit B - information on the product that would be contained there, anhydrous ammonia; Exhibit C - Finicky Pet Food, Inc.’s process through application; Exhibit D - petitions with approximately 1,300 signatures opposing location of Finicky Pet Food, Inc.; and Exhibit E - a letter demonstrating the impact on property values and the ability to sell property in Bienville Place.
Jessie Guidry expressed concern that the odor would affect his Sonic Drive-in business at 3909 Bienville Blvd., which has a patio seating area and is located directly north of the proposed Finicky Pet Food site.
(Mullins Documents)
Motion by McDonnell, seconded by Cody, to spread the documents presented by Stephen Mullins upon the minutes and forward a complete copy to the Board of Aldermen and to the Chairman of the Planning Commission for distribution to the other commissioners.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth called upon Elliot Mestayer for any comments or exhibits on behalf of Finicky Pet Foods, Inc.; however, he had no comments and did not wish to submit any items for consideration at this time.
Mayor Ainsworth called for a five-minute break, after which time the meeting resumed.
The Ocean Springs School Board submitted the following letter requesting a waiver of hook-up and water/sewer tap fees for the new school administration building at 2300 Government St.
(PW Director Letter/School District Letter re: water/sewer tap fees – school administration bldg.)
Alderman Jalanivich stated he did not have a problem with waiving the fees for the school district, but was opposed to waiving any fees that were part of the contractor’s bid. He asked that the bid first be reviewed to determine what the contractor’s actual expenses were. He also expressed concern about the costs to repair the new section of road and sidewalk that would have to be dug up to make the necessary taps.
Alderman McDonnell suggested that any money the contractor specified in his bid for the job be given back to the City.
The Public Works Director stated that the contractor was made aware of the cost for a single meter prior to bid award, and was told that any costs to dig up Government St. or Holcomb Blvd. would be at the contractor’s expense. It was reported that the contractor had only included $900.00 in his bid for a single meter. Mr. Kaufman told the Board that the school was now requesting two meters and that the hard cost to the City, not including labor and equipment, was $2,062.89. He questioned why the two meters, a 1 ½ inch and a 2 inch, wasn’t part of the original bid package.
Bonnie Granger, business manager for the school district, explained that it wasn’t until after the bids had been awarded that it was determined a second meter would be more cost effective for their outside watering needs.
After learning that the school district wanted to come off of Government St. with the tap, Mr. Kaufman advised that a hot patch could be made to the water line on Government St., requiring only excavation of a section of the sidewalk and curbing, leaving the asphalt undisturbed.
Alderman McDonnell asked the City Attorney about the easiest way to recoup the $900.00 bid by the contractor. Mr. Jordan suggested the school pay the contractor and then the contractor come down and apply and pay the tap fee. Alderman Jalanivich suggested that the contractor should be responsible for any and all expenses he budgeted in addition to the $900.00 cost of the meter, and wanted to see the contract.
Alderman Kaufman told the Board that the contractor had already been given a sewer tap some months ago for the project to begin at no cost to the contractor or the school, and that the tap was made based on a work order issued through the Building Dept.
City Clerk Adrienne Howell asked the City Attorney if waiving the permit fees for the contractor constituted a donation. Mr. Jordan advised that if the contractor was obligated to pay something in his contract, then the City could not reimburse it, forgive it, waive it, etc. He stated, however, that if it was specifically excluded from his contract, specifically whereby the school district must pay, then under those circumstances it was allowable for the City to waive the fees. He added that it was very illegal if the contractor was using the school district to get a discount from the City.
After much discussion a final motion was made, said motion being as follows:
Motion by Cody, seconded by McDonnell, to waive the hook-up and water/sewer taps fees for the new school administration building as requested by the Ocean Springs School District, excluding any fees to be paid by the contractor in accordance with his bid, subject to the findings of the City Attorney.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
At this time Chuck Bordis, coach for the Gay-Lemon Girls 10 and Under Softball Team, addressed the Board requesting $500.00 in community promotion funds for the team which is traveling to a national tournament in Tennessee. He told the Board that the team had played in 8 tournaments and had won all 8, including the Mississippi State games in Meridian. He advised that there were only two weeks left to raise the other half of the $8,000.00 needed for the trip. The City Clerk reported that the funds were not budgeted and that there were no community promotion funds remaining. The Board took no action on the request, however, Alderman Jalanivich personally offered to donate an item to the team for a raffle.
The next item taken up for consideration was the Consent Agenda:
City Clerk:
a) Approve Minutes of Recess Meeting of June 18, 2002
b) Pay Docket of Claims and spread docket summary upon the Minutes:
(Claims Docket)
c) Accept Action Report
d) Adopt Resolution and Order adopting Motor Vehicle Assessment Schedule for ensuing fiscal year (2002-2003) and schedule public hearing for July 16, 2002, at 6:00 p.m.:
(Motor Vehicle Resolution)
e) Adopt motion that $201,000.00 surplus funds previously transferred from Utility Service Fund to General Fund not be repaid:
(Utility Service Fund Loan Letter)
f) Accept recommendation to promote Diane Northrop to Certified Deputy City Clerk/Payroll Clerk, effective July 15, 2002, and place her at Band 8/Step 3 ($19.36 hr.):
(Northrop Promotion Letter)
g) Accept recommendation regarding salary increase for Purchasing Agent Pamela Cox and place her at Band 6/Step 5 ($15.63 hr.):
(Cox Salary Increase Letter)
h) Allow Purchasing Agent to attend MAGPPA’s Annual Conference & Vendor Exposition in Tunica on October 20-23, 2002, prepay $100.00 registration fee and pay all other reasonable and actual expenses
Police Dept.:
i) Authorize City Clerk to advertise for school crossing guards and substitutes for 2002-2003 school year
Fire Dept.:
j) Hire Troy Anthony Peltier as Firefighter at Band 4/Step 1 ($8.46 hr.), contingent upon successful completion of all pre-employment requirements:
(Peltier Hire Letter)
Public Works:
k) Pay invoice from Graham Construction Co., Inc. ($3,045.60) regarding sewer repairs on Bristol Blvd.:
(Graham Invoice)
l) Pay invoice from Graham Construction Co., Inc. ($16,026.30) regarding sewer repairs on Lafontaine:
(Graham Invoice)
m) Pay invoice from Graham Construction Co., Inc. ($4,521.60) regarding sewer repairs on Vancleave Ave.:
(Graham Invoice)
Community Development & Planning:
n) Hire Herman Glaude on a part-time basis under Urban Youth Corp Grant Program, effective July 8, 2002, at rate of $7.50 per hour:
(Glaude Hire Letter)
o) Approve issuance of permit for bulkhead (60’ long ) and open-sided boathouse (25’ long/14’ wide) to Richard Marx at 1209 Cove Place:
(Marx Boathouse/Bulkhead Documents)
Risk Manager/HR Director:
p) Retain North Greenville Fitness and Cardiac Rehabilitation Clinic as facility of choice for 2002 police and fire physicals:
(Physicals Memo)
Items f, i and p were removed from the Consent Agenda for further consideration.
Motion by Dalgo, seconded by Gill, to approve the Consent Agenda, excluding items f, i and p.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by McDonnell, to hold item f of the Consent Agenda over until the July 16th meeting.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk reported that the committee studying the issue of blanket water deposits for rental property had met and had come to a consensus. She presented the following recommendation for the Board’s consideration.
(Recommendation - Blanket Water Deposits for Rental Property)
Motion by Cody, seconded by McDonnell, to accept the recommendation for a multi-property blanket deposit for water, sewer and garbage service, and to adopt the application form and connection request form and authorize Delta Computer Systems to make the necessary computer software changes at a cost not to exceed $1,500.00.
VOTING AYE ALL
VOTING NAY NONE
The Board commended Mrs. Howell, her staff and the committee for their work on the blanket deposit issue.
Police Dept.
At this time discussion was held regarding item i of the Consent Agenda. Alderman Lloyd asked why the Police Dept. handled the issue of school crossing guards instead of the school district. The Police Chief explained that the Police Dept. had been overseeing the operations of the crossing guards for many years, including training and outfitting them with uniforms. He added that police officers attend to the duties of crossing guards when they are not available and that they are in a better position to maintain the crossing guards’ training.
Motion by Cody, seconded by Jalanivich, to approve item i of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, that based on a prior motion, to allow Carolyn Frayser to purchase her service weapon at a cost of $1.00 and allow Alderman Cody to pay the dollar.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to authorize the City Clerk to advertise for bids for the Shearwater Bridge project upon receipt of specifications from the engineer.
VOTING AYE ALL
VOTING NAY NONE
(Engineering Tech Job Description)
Motion by Jalanivich, seconded by Gill, to accept the criteria for the engineering inspector position, approve the job description and allow the Public Works Director to proceed with the employment process at a salary range of $33,000.00 to $38,000.00.
VOTING AYE ALL
VOTING NAY NONE
(Lawn Care Proposals)
Motion by Jalanivich, seconded by Gill, to accept the recommendation to award the proposal for lawn care maintenance to Maintain, LLC of Diamondhead, MS, as the lowest bidder and authorize the Mayor to execute a contract on behalf of the City.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Carvin, Dalgo and Gill
VOTING NAY Alderman Cody
The issue “City Water Meters on Private Property” was held over until the next meeting.
Alderman Dalgo reported a sewer problem on Heron Cove where the main sewer line for Heron Bayou Estates runs beneath a resident’s driveway and the corner of his home to the lift station on Government St.. He told the Board that the driveway was continuously collapsing and has had to be repaired several times. He requested the line and driveway be permanently fixed. The Public Works Director estimated the cost to be $15,000.00 and added that there was money in the sewer fund budget cover the cost of repairs.
Motion by Dalgo, seconded by Cody, to authorize the Public Works Director to make the necessary repairs to the sewer problem that exists on Heron Cove.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Jalanivich, to allow Public Works employees to work on Friday, July 5, 2002, to assist with the cleanup of Front and East Beaches following the 4th of July holiday.
VOTING AYE ALL
VOTING NAY NONE
(Sparks Letter re: water & sewer services)
Motion by Gill, seconded by Cody, to authorize the Public Works director to report back to the Board with a cost estimate and recommendation for water and sewer connections to the property at 5416 Rielly Rd. and the four lots at the corner of CCC Camp Rd. and Rielly Rd.
VOTING AYE ALL
VOTING NAY NONE
The City Planner asked that the letter from Steve Abdo be removed from the agenda until further notice, as there was an issue with the Jackson County Planning Commission that must first be resolved.
At this time the City Planner asked for clarification on the motion placing a moratorium on subdivisions. He asked if it was the intent of the Board that the moratorium was over, or was it their intent for the moratorium to remain in effect until the revised subdivision regulations are adopted and the impact fee program has been approved and in effect.
Alderman Lloyd stated that it was the intent of his motion that the moratorium shouldn’t be lifted until both the subdivision regulations and impact fees were in effect. Aldermen Gill and Dalgo agreed. Alderman Lloyd asked whether the Planning Commission had looked at removing some of the offensive uses that were allowed in the I-1 and I-2 zones. The City Planner advised that anything allowed in an I-1 zone must first come before the Board for approval, and added that the uses in I-2 had not been reviewed. Mr. Lloyd suggested the offensive uses be removed, or be required to come before the Planning Commission and the Board of Aldermen for approval.
Alderman Dalgo asked that “Issuance of Permit – Moratorium for Industrial Zoned Areas” be removed from the agenda until further notice.
Motion by Danny, seconded by Dalgo, that the City Planner be instructed to inform the Board about all current and future applications in the I-2 zone.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by McDonnell, to have the City Planner notify the Board by letter at the end of each week of any commercial applications for permit that come through his office.
VOTING AYE Aldermen McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Aldermen Jalanivich and Lloyd
Motion by Lloyd, seconded by Dalgo, to clarify that the moratorium on subdivisions stays in place until the new subdivision regulations and impact fees have been adopted and are in effect.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
Motion by Gill, seconded by McDonnell, to have a copy of the Planning Commission agenda placed in the Board’s boxes.
VOTING AYE Aldermen McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Aldermen Jalanivich and Lloyd
The City Planner stated that the Historic Preservation Commission had held a special call meeting last night to address an amended application for COA filed by Walterine Redding. He reported that the Commission had approved the amended application to allow her to extend her fence at 608 Cleveland Ave. further northward.
Motion by Jalanivich, seconded by Cody, to approve the amended COA for Walterine Redding at 608 Cleveland Ave. as recommended by the Historic Preservation Commission.
VOTING AYE ALL
VOTING NAY NONE
(Fletcher Invoice/New South Architects Invoice)
Motion by Jalanivich, seconded by Cody, to approve the $92,603.70 invoice from Fletcher Construction Co., Inc. and the $2,620.00 invoice from New South Architects regarding the Mary C. O’Keefe Cultural Center and authorize payment upon the receipt of funds from HUD.
VOTING AYE ALL
VOTING NAY NONE
The City Planner sadly announced that Planning Commissioner Greg Baggett had deceased.
Motion by Dalgo, seconded by McDonnell, that a letter be sent to Greg Baggett’s family expressing the City’s appreciation for his service to the Planning Commission and to the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McDonnell, to appoint Keith Rhodes to the Planning Commission to fill the unexpired term of Greg Baggett.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney presented the following letter of engagement from Dennis Miller of Watkins Ludlam Winter & Stennis, P.A. He recommended that the City accept the engagement letter, which was for assistance with the sale and transfer of the water and sewer systems (Sunplex) from the Jackson County Port Authority to the City of Ocean Springs.
(Miller Engagement Letter $2,000.00 – Sunplex Utility Purchase)
Motion by Gill, seconded by Cody, to accept the engagement letter from Dennis Miller of Watkins Ludlam Winter & Stennis, P.A. for assistance with the sale and transfer of the water and sewer systems from the Jackson County Port Authority to the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
At this time discussion was held regarding item p of the Consent Agenda. Alderman Jalanivich asked if there was money budgeted for the physicals. The City Clerk reported that only the Police and Fire Depts. had money budgeted for physicals. The Human Resource Director was directed to present a cost estimate to the Board for physicals for all employees. Alderman Lloyd stated that he would like to see a policy written and implemented in next budget for mandatory physicals for all new employees.
Motion by Jalanivich, seconded by Cody, to approve item p of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Cody, to approve the purchase of pepper spray designed for animals and authorize the meter readers to use the spray as necessary in defense against animal attacks.
VOTING AYE ALL
VOTING NAY NONE
George Conwill of 203 Ashley Place asked Alderman Carvin to resign his position on the Board of Aldermen. Alderman Carvin replied that he would take his request under advisement and would consider it.
Norton Haviland of 1116 LaFontaine commended the Public Works Dept. for sending detailed notices to residents on his street in advance of sewer line repairs being made and for completing the work in a timely manner.
Motion by Dalgo, seconded by Gill, to recess until 6:00 p.m. on July 16, 2002.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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