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 June 4, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, McDonnell, Cody, Carvin and Dalgo, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Aldermen Lloyd and Gill were temporarily absent.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
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
ABSENT AND NOT VOTING Aldermen Lloyd and Gill
Motion by Cody, seconded by Jalanivich, to go into Executive Session to discuss potential litigation, property acquisition and personnel matters.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Aldermen Lloyd and Gill
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation, property acquisition and personnel matters.
Aldermen Lloyd and Gill joined the meeting while the Board was in Executive Session.
The Executive Session ended after approximately 2 hours and the Regular Session was resumed at approximately 8:00 p.m.
Alderman Gill was temporarily absent.
Motion by Carvin, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
Mayor Ainsworth apologized to the audience for any inconvenience or misunderstanding concerning the Call to Order. He explained that by law the Board was required to go into session at 6:00 p.m. the first Tuesday of each month, but because this was an election day and the Board room is a voting precinct, the meeting was originally planned to recess until 7:30 p.m. He added, however, that the Board had some issues to discuss in executive session and therefore the meeting was opened at 6:00 p.m. and the Board went directly into executive session.
City Clerk:
a) Approve Minutes of Recess Meeting of May 21, 2002
b) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket)
c) Accept Action Report
Police Dept.:
d) Accept Police Report for April 2002
e) Accept Police Reserve Report for February 2002 and pay $220.00 stipend
f) Accept Police Reserve Report for March 2002 and pay $160.00 stipend
g) Approve and disburse $1,500.00 stipend to Ocean Springs Police Reserves for security services rendered during 2002 Elks’ Lodge Annual Fishing Rodeo:
(Reserve Pay for Rodeo)
h) Approve training/travel for following employees, prepay registration fees and pay all other reasonable and actual expenses: (1) Capt. Lionel Cothern – Mississippi Fire Investigators Assoc. 2002 Spring Seminar in Tupelo on June 11-14, 2002 - $85.00 registration fee; (2) Det. Capt. Louis Miller – Mississippi Law Enforcement Officers Assoc. 48th Annual Convention in Hattiesburg on June 17-21, 2002 - $25.00 registration fee
Fire Dept.:
i) Place Firefighter Adam Roe on full-time employment status, effective June 7, 2002, and place him at Band 4/Step 2 of the salary scale ($8.88 hr.):
(Roe probation letter)
j) Hire Anthony Johnson as Firefighter, contingent upon successful completion of all pre-employment requirements, and place him at Band 4/Step 2 of the salary scale ($8.88 hr.):
(Johnson Hire Letter)
k) Award bids for Breathing Air Station, Air Compressor, Air Storage Tanks, Self-contained Breathing Apparatus and Masks to Sunbelt Fire at total cost of $97,135.00:
(Fire Equipment Bid Award)
Public Works:
l) Pay invoice from Graham Construction Co., Inc. ($5,020.20) for sewer repairs on General Pershing:
(Graham Invoice)
m) Pay invoice from Graham Construction Co., Inc. ($3,037.50) for sewer repairs on Government St.:
(Graham Invoice)
Community Development & Planning:
n) Pay invoice from Freilich, Leitner and Carlisle ($637.50) for planning services rendered:
(City Planner’s letter re: Freilich Invoice)
o) Allow City Planner to attend Mississippi Chapter of the American Planning Association Summer Conference in Biloxi on June 27-29, 2002, prepay $100.00 registration fee and pay all other reasonable and actual expenses
p) Hire Adilah Curry on a part-time basis under Urban Youth Corp Grant Program, effective June 10, 2002, at rate of $7.50 per hour:
(Curry Hire Letter)
q) Accept Historic Preservation Commission recommendation regarding COA for Ernest Cantrell at 410 Ruskin Ave.:
(Cantrell COA)
City Attorney:
r) Accept recommendation to take no action regarding Complaint to Set Aside Tax Sale, Jocelyn Turnbough v. Protocol, Inc.and City of Ocean Springs, Case No. 2002-1144-JB:
(Letter re: Tax Sale Suit)
Risk Manager/HR Director:
s) Transfer 1995 Ford Crown Victoria (2FALP73W3SX136151) from Police Dept. inventory to Human Resources/Risk Management:
(Vehicle Transfer Letter)
t) Transfer 1993 Ford Crown Victoria (2FACP72W2PX118961) from Human Resources/Risk Management inventory to Fire Dept.:
(Vehicle Transfer Letter)
Miscellaneous:
u) Award lawn care proposal to Maintain, LLC of Diamond Head, MS, and authorize Mayor to execute contract on behalf of City (work to begin June 10, 2002):
(Lawn Care Proposal Letter)
Items h and u were removed from the Consent Agenda for further consideration.
Motion by Dalgo, seconded by Carvin, to approve the Consent Agenda, excluding items h and u.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
(Road & Bridge Fund Report/Amended Budget)
Motion by Dalgo, seconded by Jalanivich, to adopt the FYE 2002 Budget Amendment as presented by the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
Motion by McDonnell, seconded by Dalgo, to adopt the order amending the FYE 2002 budget appropriations and authorize the City Clerk to publish said notice as required by law.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
(Beaugez and Shirley Pay Increase Letters)
Motion by Jalanivich, seconded by Dalgo, to accept the recommendations to move Kathy Beaugez in the Planning Dept. to Band 3/Step 6 of the salary scale at $10.93 per hour and to move Dana Shirley in the Fire Dept. to Band 3/Step 4 at $10.46 per hour.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
Alderman Jalanivich stated that there would be some additional pay raises considered at the next meeting.
At this time the Mayor recognized District 5 Superintendent John McKay, who was present in the audience.
Police Dept.
At this time discussion was held regarding item h of the Consent Agenda. Alderman Carvin asked why a police officer was attending the Mississippi Fire Investigators Association Seminar. The Fire Chief explained that a law enforcement officer should be part of the arsenal fire detection team and added that the training costs would be paid from the Fire Dept. budget.
Motion by Carvin, seconded by Cody, to approve item h of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
Alderman Gill was present at this time.
Fire Dept.
(Richard Retirement Resignation)
Motion by Carvin, seconded by Jalanivich, to accept the retirement resignation of Fire Captain Dalton Richard, effective June 14, 2002.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to authorize the Fire Chief to begin the process to hire a firefighter for placement on Dalton Richard’s shift and to begin the promotional process to fill the vacated position of Captain.
VOTING AYE ALL
VOTING NAY NONE
Jeff May of Moran, Seymour & Associates requested a work session with the Board regarding the MOM Program in order to update the Board on what changes might need to be made. He estimated the work session would take about two hours.
Alderman Jalanivich reported that he had spoken with Mark Seymour, Jr. about Kappa Development and the Government St. project and stated he was told that a busted water main or pipe had caused the curbing to collapse. He added that Mr. Seymour was scheduling a meeting between Kappa and any aldermen wanting to attend, and asked that the Public Works Director research the issue as soon as possible and be present at the meeting with his findings.
Alderman Gill requested a work session be scheduled with Randy Wrigley concerning his proposed subdivision on Groveland Rd.
The Public Works Director asked that the Board submit their paving lists to him by June 11, 2002, so that any streets requiring milling can be added to Jackson County’s 4-year road milling plan.
The Board agreed to hold Item u of the Consent Agenda over until the next meeting so they could clear up some questions they had concerning the low bidder.
Alderman Dalgo reported that several easements were needed before drainage improvements on Government St. could be made and that the City Engineer had already prepared the necessary legal descriptions. The Public Works Director was asked to obtain signatures from the property owners after the City Attorney drafts the easements.
Alderman Dalgo asked about the status of supplying water to the Library courtyard. The Public Works Director reported that water could be provided from an existing line behind the Police Dept. at a minimal cost and would proceed with the project.
Alderman Carvin reported an open hole at the corner of East Beach and Halstead Rd. where some fill work was done and added that some culvert and other debris were left there. He asked who was responsible for removing the items. The Public Works Director advised that the City was waiting for low tides during the day before installing a catch basin in the right-of-way, but that it was the responsibility of the person who permitted the private work to remove their materials and debris.
(Letter re: Leake’s Resignation)
Motion by McDonnell, seconded by Dalgo, to appoint Sonia Cowart to the Historic Preservation Commission to fill the unexpired term of Jett Leake.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney presented the following letter of engagement from Harris Geno & Dunbar, P.A. regarding their role in financing G.O. Notes of the City and Water and Sewer System Revenue Bonds. He reported that he had reviewed the letter and the rates that they proposed to charge and had found them to be extremely reasonable. He recommended the Board accept and approve their letter of engagement.
(Letter of Engagement – Harris Geno & Dunbar, P.A.)
Motion by Jalanivich, seconded by Carvin, to accept and approve the letter of engagement from Harris Geno & Dunbar, P.A. regarding G.O. Notes and Water and Sewer System Revenue Bonds.
VOTING AYE ALL
VOTING NAY NONE
The City Attorney reported that he had reviewed the Public Works Director’s recommendation with regard to City water meters on private property, that he had found it to be legally sound and recommended that the Board adopt it and take the action as proposed.
(Memo re: City Water Meters on Private Property)
Motion by McDonnell, seconded by Cody, to accept the recommendations of the Public Works Director and City Attorney regarding city water meters on private property.
At this time discussion was held regarding the motion. Alderman Jalanivich asked that the issue be tabled until the next meeting because he needed additional time to study the issue.
Motion by Jalanivich, seconded by Dalgo, to table the issue of city water meters on private property until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
(Maurepas Landing Drainage Memos)
Motion by Cody, seconded by Dalgo, to approve the recommendation of the Public Works Director and City Attorney with regard to drainage improvements in Maurepas Landing Subdivision.
At this time discussion was held on the motion. Alderman Jalanivich asked what size pipe would be installed. The City Attorney responded that the size and type pipe, etc. would have to be to the City’s specifications as determined by the City Engineer. Mr. Lloyd asked if there was a way to prevent this situation from happening in the future. The City Attorney suggested that the Building Dept. ensure swales are put in according to the subdivision regulations and as shown on the subdivision plat before issuing building permits. The City Planner suggested that Planning Dept. could delay issuing certificates of occupancy until the topography meets final plat. Jeff May of Moran, Seymour and Associates advised the Board that the homeowners would be required to maintain the swales and the City would maintain the pipes.
After all discussion on the above motion, Mayor Ainsworth called for the question and the vote was as follows:
VOTING AYE ALL
VOTING NAY NONE
At this time the Board addressed the issue of Tidelands Funds for East Beach Seawall Concrete Toe/Walkway. Alderman Carvin presented the following preliminary cost estimate and asked for the Board’s support for the project.
(City Engineer’s cost estimate - Seawall Concrete Toe/Walkway)
Alderman Carvin explained that the project consisted of a seawall toe with a 6-ft. wide walkway on top of it and decorative lighting. He felt it would be an excellent addition to the beach without having to use City funds.
George Conwill, Jane Beaugez, Larry Covington and Kay Carvin were among those who spoke in favor of the project. They felt the project would address a safety issue for children and those people who walk and jog along East Beach, and believed it would be an asset to the community. Alderman Carvin was commended for his work on the project.
Supervisor John McKay was present in the audience and advised the Board that although the Jackson County Board of Supervisors had not yet taken an official position on the issue, he felt the project was worthwhile. He stated that he would support the Board’s decision and offered to do what he could to see that the City got the needed support. He suggested Jackson County might be able to help with seawall tax funds if the City did not receive all of the necessary tidelands funds.
Alderman Jalanivich stated that he had received several calls opposing the project and suggesting the City widen the street and put a bicycle and walking path on the north side of the road instead. However, he agreed that the proposed project was needed because it addressed the safety issue and stated he would support the project.
Alderman McDonnell stated he had received several calls from homeowners on East Beach and asked that Alderman Carvin meet with the residents to discuss the project. He added that he could not support the project until such a meeting had taken place.
Donald Deal brought up the issue of beach ownership. The City Attorney told the Board that there is a claim that there are subdivision plats that were platted that go all the way to the water’s edge, whatever the water’s edge may or may not be, and that it was less than a clear-cut case. He added that the water’s edge had been moved several times in that area.
McDonnell stated he was concerned about potential litigation unless the issue could be discussed with those property owners. He added that some of the property owners were very good attorneys and may take the issue to court.
Jane Beaugez asked why the people who claim ownership of East Beach have allowed the public to use the beach and have allowed Jackson County to maintain the beach with taxpayers’ money. Alderman McDonnell stated he did not know if ownership or just riparian rights were being claimed, however, he urged that a solution or compromise be worked out up front to avoid possible litigation. A member of the audience commented that the item was listed on the agenda and that the property owners had had every opportunity to attend the Board meeting to discuss the issue, but that they chose not to come.
Alderman Jalanivich was willing to table the issue until the next Board meeting so a public meeting could be scheduled, however Alderman Carvin advised that the City was under a time constraint and the application for tidelands funds had to be in by the end of the month.
Motion by Carvin, seconded by Jalanivich, to apply for tidelands funding for the East Beach seawall toe/walkway and to enlist the services of Joe Gill to make the necessary application.
VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Carvin and Dalgo
VOTING NAY Alderman McDonnell
VOTING ABSTAINED Alderman Gill
A public meeting was scheduled for 6:00 p.m. on June 11, 2002, at the Park Commission on Alice St. to provide information on the project and hear public comment.
(Blanket Water Deposits for Rental Property)
Motion by McDonnell, seconded by Jalanivich, to form a committee consisting of two Aldermen, two realtors, the City Clerk and a member of her staff to review within a month’s time the issue of blanket water deposits for rental property and to submit a recommendation for a possible solution that will work for both the Water Dept. and realtors to the City Attorney for his review.
VOTING AYE ALL
VOTING NAY NONE
Aldermen Jalanivich and Gill were designated as the Aldermen to serve on the committee and Wally Page and Jim Sonnier were designated as the realtors. The consensus of the Board was to allow other realtors and aldermen to attend the committee meetings as well.
Mayor Ainsworth asked that “Handicap Accessible Sidewalks” be removed from the agenda as the issue is still under review, and asked that it be placed on the Action Report.
Motion by Cody, seconded by Carvin, to assign the issue of handicap accessible sidewalks to the Mayor and City Attorney and place it on the Action Report.
VOTING AYE ALL
VOTING NAY NONE
(Colonial Dr. Parking Recommendations)
Motion by Cody, seconded by Jalanivich, to approve the alternative to a “no parking” ordinance for Colonial Dr.
VOTING AYE ALL
VOTING NAY NONE
No one was present to address “Eric Ward – 2002 Preteen Mississippi Scholarship and Recognition Program” on the agenda, so the item was removed.
Alderman Cody reported that the issue regarding the drainage ditch behind Sherwood Ct. was resolved.
Motion by Cody, seconded by Carvin, to remove the issue regarding the drainage ditch behind Sherwood Ct. from the agenda.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich asked that his item “Safety Measures for Meter Readers” be held over because he was awaiting a letter from a local veterinarian.
(Cove Partners, LLC Letter/CSX Right-of-Way Ditch)
Jeff May of Moran, Seymour & Associates reported that he had been in contact with CSX about the issue. He was advised that there were several steps involved in obtaining a right-of-entry and that fees may be involved. Alderman McDonnell asked what the City’s recourse was if it could not get access to clean the drainage way on the CSX property and it causes problems for the other property owner. The City Attorney stated that the City has no right in it and advised that the matter was ultimately an issue between CSX and the property owner should CSX not allow the City to clean the ditch.
Alderman Cody complained that potholes had developed at several railroad crossings in town, including those at Bechtel, Holcomb and Thorn, and asked if the City could fix the holes. The Public Works Director stated he had been requesting the crossing repairs for at least 18 months and had contacted the chief engineer in Jacksonville, FL, as late as last Friday. He told the Board that he had asked CSX to absolve the City of liability and allow Public Works to go onto the tracks and make the necessary repairs. Alderman Jalanivich felt the solution was not to ask for permission and to put some asphalt in the holes.
Motion by Jalanivich, seconded by Dalgo, to authorize Public Works to put asphalt in any potholes that exist at railroad crossings.
VOTING AYE Alderman Jalanivich
VOTING NAY Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
THE MOTION FAILED.
The City Attorney asked that he and the Mayor be given two weeks to find a remedy for all the crossings in Ocean Springs.
Motion by Cody, seconded by McDonnell, to send a letter of appreciation to Jett Leake for her service to the City while serving on the Historic Preservation Commission.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Carvin, to recess until 6:00 p.m. on June 18, 2002.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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Date Date