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 May 7, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Carvin and Dalgo, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Cody was absent and Alderman Gill was temporarily absent.
Mayor Ainsworth gave the Invocation.
Christopher Strudel, a Boy Scout with Troop 271, was present in the audience earning his Citizenship in the Community Merit Badge and led the Pledge of Allegiance.
At this time Mayor Ainsworth presented the following proclamation to Katrina Galanis proclaiming May 5-11, 2002 as Goodwill Week.
(Goodwill Proclamation)
Next Mayor Ainsworth presented the following proclamation to Charles McDonald proclaiming May 18-24, 2002 as National Safe Boating Week.
(Boating Proclamation)
George Freeland, Director of the Jackson County Economic Development Foundation, gave a presentation that included the Foundation’s vision statement and strategic plan for 2002-2006. The plan focused on topics such as marketing and recruitment, site/infrastructure development, retention and expansion of business and industry, strategic alliances, transportation and communications/investor support.
Alderman Gill was present at this time.
City Clerk:
a) Approve Minutes of Recess Meeting of April 10, 2002
b) Approve Minutes of Recess Meeting of April 16, 2002
c) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
d) Accept Action Report
e) Adopt FYE 2002 Budget Amendment and required Public Notice, and authorize Purchasing Agent to proceed with purchase and installation of automatic door operator for Senior Citizens Building from Action Door Closer Service at cost of $3,630.00:
(Budget Amendment)
Police Dept.:
f) Accept quote from McCain Command Uniform Co. for police uniforms and authorize purchase of 20 ballistic vests from Roper Supply Co. at total state contract price of $7,875.00 (50% payback from grant):
(Police Uniform Quotes)
g) Accept resignation of Dispatcher Mary J. Taylor, effective April 19, 2002, and allow Police Chief to begin process to fill vacancy:
(Taylor Resignation)
h) Allow Police Chief to approve free schools where only cost to City would be fuel:
(Police Chief Memo)
Fire Dept.:
i) Accept Fire Report for April 2002
j) Allow Firefighter Stacy Carpenter to attend the following mandatory courses at MS State Fire Academy, prepay the course fees and pay all other reasonable and actual expenses: (1) CPAT – July 9, 2002 or August 13, 2002 - $15.00; and (2) Firefighter 1001-I-II – October 21 or 28, 2002 - $760.00
k) Accept resignation of Firefighter Edgar Morales, effective May 10, 2002, and authorize Fire Chief to begin process to fill vacancy:
(Morales Resignation)
City Engineer:
l) Award Base Bid and Alternates No. 1 and 2 for Ft. Bayou Boat Ramp Improvements to Vice Construction Co. at total cost of $125,821.27:
(Ft. Bayou Boat Ramp Bids)
m) Approve Change Order No. 1 regarding the Ocean Springs Drainage Improvements Project #00-282-PF-01 ($3,905.00 increase) for a final contract price of $438,721.00:
(Change Order No. 1)
n) Approve Pay Request No. 8 from Graham Construction Co. ($47,877.30) regarding Ocean Springs Drainage Improvements Project #00-282-PF-01:
(Graham Invoice)
o) Approve Final Pay Request from Graham Construction Co. ($43,872.10 - retainage) regarding Ocean Springs Drainage Improvements Project #00-282-PF-01:
(Graham Final Invoice)
Public Works:
p) Accept easement from Eleanor Jordan in conjunction with Government St. drainage project, authorize City Clerk to file said easement in Jackson County land records, and allow Public Works to proceed with drainage improvements in the area of Herb Moore Interiors/Phoenicia Gourmet Restaurant at an approximate cost of $2,000.00:
(Jordan Easement)
q) Accept letter from residents of Maurepas Landing Subdivision regarding proposal for drainage improvements and allow Public Works to provide labor and expertise to complete the project:
(Maurepas Landing Letter)
r) Reclassify Colby Kennedy as a Public Works Clerk and place her at Band 3/Step 3 of the salary scale:
(Kennedy Pay Increase Letter)
s) Pay invoice from Graham Construction Co., Inc. ($1,045.80) regarding sewer repairs at Hanley Rd.:
(Graham Invoice)
t) Pay invoice from Graham Construction Co., Inc. ($2,868.75 – retainage) regarding work preformed on Diller Rd.:
(Graham Invoice)
u) Accept recommendation to exempt Jeff Williams at 2720 Government St. from connecting to City sewer at this time:
(Williams Sewer Exemption Letter)
v) Accept recommendation to exempt Frank Burger of 3101 Les Arbres Lane from connecting to City sewer at this time:
(Burger Sewer Exemption Letter)
w) Accept recommendation with regard to award of bi-annual bids for Duplex Pump Control Panels, Sewer Pumps, Pre-cast Sanitary Sewer Manholes:
(Bid Award Letter)
x) Pay invoice from Compton Engineering, P.A. ($3,500.00 – final payment) regarding Hwy 90 Water and Sewer Relocation (DWSELF Loan):
(Compton Invoice)
Community Development & Planning:
y) Allow Building Official to attend 13th Annual Building Officials Association of MS Conference in Biloxi on June 11-15, 2002, and prepay $65.00 registration fee
z) Approve Mississippi Arts Commission Grant Contract Building Fund for the Arts with regard to restoration of the old Ocean Springs High School (Mary C. O’Keefe Cultural Center) auditorium and authorize Mayor to sign said contract on behalf of the City:
(Contract)
aa) Refund $150.00 to Damian McKay for overpayment of water meter and tap fee for Lot 11 Braemar Subdivision:
(McKay Refund Letter)
bb) Hire the following individuals on a part-time basis under Urban Youth Corp Grant Program at rate of $7.50 per hour: James A. Price – May 8, 2002; John Miniotis – May 17, 2002; and Buddy Graham – May 8, 2002:
(Youth Corps Hire Letter)
cc) Accept Historic Preservation Commission recommendations with regard to the following COA’s:
1. Roy Murrell – 1127 I’berville Dr.:
(Murrell COA)
2. Guy Walker – 502 Rayburn Ave.:
(Walker COA)
3. Patrick Thompson – 1310 Bowen Ave.
(Thompson COA)
City Attorney:
dd) Accept recommendation that City not file answer or otherwise contest Complaint to partially vacate easement in Promenade Subdivision North, Cause No. 2002-0866GB:
(City Attorney Letter)
ee) Pay invoice from Joseph Q. White, Jr. ($150.00) for proposed right-of-way conveyance in Section 22 South, Range 8 West:
(White Invoice)
ff) Pay invoice from Joseph Q. White, Jr. ($375.00) for 5 lien searches (Eagle Point Rd. and Quave Rd.):
(White Invoice)
Risk Manager/HR Director:
gg) Approve and implement Holiday Pay Eligibility section to Leave Policy:
(Holiday Pay Policy)
hh) Accept recommendation to pay Earl Fayard $644.05 for remainder of insurance claim regarding Ocean Springs Seafood Co.:
(Fayard Claim Letter)
Miscellaneous:
ii) Pay statement from D. Neil Harris for serving as Judge Pro Tem on April 17, 2002 ($400.00):
(Harris Invoice)
Item q was removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Dalgo, to approve the Consent Agenda, excluding item q.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
The City Clerk reported that she had placed a report in the Board’s boxes concerning blanket deposits for realtors and would address it at the May 21, 2002 meeting.
Mark Seymour requested a work session regarding the EPA’s MOM Program to bring the Board up-to-date on the program’s status. He reported that drainage issue raised by Maria Bargas concerning the Mavar building AT 1304 Government St. was still being worked and added that he was preparing a drawing for a solution.
Alderman Jalanivich reported that problems still existed with the Government St. Improvements Project and that the contractor had not made all of the necessary corrections.
Motion by Jalanivich, seconded by Carvin, that if the contractor for the Government St. Improvements Project has not started the necessary repairs before May 21, 2002, to go after the contractor’s bonding company.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Motion by Gill, seconded by McDonnell, to authorize the City Attorney to draft an ordinance prohibiting parking on Colonial Dr.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
At this time item q of the Consent Agenda was taken up for consideration. The Public Works Director explained that a drainage problem was affecting 8 lots in Maurepas Landing Subdivision. He reported that the City had proposed to do swale work in the area, however, residents did not want the swale and offered to purchased the necessary materials if Public Works performed the labor to correct the problem. Alderman Carvin stated that he had reviewed the area and had not observed a real drainage problem.
Motion by Carvin, seconded by Jalanivich, to table the issue until the next meeting.
VOTING AYE Aldermen Jalanivich, Carvin and Gill
VOTING NAY Aldermen Lloyd, McDonnell and Dalgo
ABSENT AND NOT VOTING Alderman Cody
There being a tie vote, Mayor Ainsworth voted “AYE” and the motion carried.
Alderman Gill reported a drainage problem in the area of 1302/1304 Chalmette.
Motion by Gill, seconded by Dalgo, to allow the Public Works Director to work with the City Engineer and City Attorney to determine a solution to the drainage problem between Chalmette and Parktown Dr.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
(Miller Pier/Boathouse Documents)
Motion by Jalanivich, seconded by McDonnell, to accept the Building Official’s recommendation to approve the issuance of a permit to Terry and Thelma Miller for construction of a pier and boathouse at 1213 Sunset Ave. as requested.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Alderman Dalgo reported a problem with school buses being unable to turn around in the cul-de-sac in Hidden Oaks Subdivision and added that school children were required to walk down to Government St. in order to ride the bus. It was reported that the same situation exists in Canebrake Subdivision. The Fire Chief stated that the new fire truck had a shorter body and could maneuver the radius of the cul-de-sac. The City Planner suggested amending the subdivision regulations to increase the radius requirements. The Public Works Director stated that the current radius was sufficient and that the problem was a result of the island located in the cul-de-sacs. The Board agreed to review the issue again at the next meeting.
ORDINANCE NO. 5 - 2002
AN ORDINANCE OF THE CITY OF OCEAN SPRINGS,
PROHIBITING INTERFERENCE WITH THE NATURAL
AND MAN MADE DRAINAGE SYSTEMS IN
THE CITY OF OCEAN SPRINGS, MISSISSIPPI
Motion by Gill, seconded by Dalgo, to adopt the above and foregoing Ordinance.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
(House Bill 282)
Motion by Jalanivich, seconded by Carvin, to table the issue of House Bill 282 until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Motion by Jalanivich, seconded by Dalgo, to remove the issue of storm drainage at 1304 Government St. from the agenda.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
The Board agreed to table the issue of I’berville Dr. traffic reconfiguration until the next meeting.
Mayor Ainsworth reported that specifications for the new Shearwater Bridge were nearly complete and that the project would be out for bid soon.
Motion by Carvin, seconded by Dalgo, to remove appointment of a hazard mitigation commission from the agenda.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
The subjects of engineering tech and city water meters on private property were held over until the next meeting.
At this time discussion was held regarding handicap accessible sidewalks, which was held over from the April 16th meeting. The City Attorney reported that construction of the Government St. sidewalks was done under the auspices of the City Engineer and that he had sent a letter to the City Engineer asking him to handle the issue and respond, but that if he was not comfortable with the matter to contact him. He added that he had not heard back from the City Engineer. Alderman Dalgo asked if liability for any deficiency fell under the City Engineer and not the City. The City Attorney responded that the project required engineer approval, however, the question could better be answer by the City Engineer and that he would confer with the City Engineer tomorrow for a resolution to the issue.
The item regarding Earl Fayard and the insurance claim dispute at Ocean Springs Fuel & Ice Dock was addressed under the Consent Agenda.
Alderman Jalanivich stated that the overtime issue was resolved and that employees were allowed pay for overtime. However, he reminded department heads that overtime should be worked on an emergency, as-needed basis.
Cecil George Smith asked that Robinson St. behind Marshall Park be closed after business hours on May 30 or 31, 2002 so vendors could set up for the Renaissance Festival.
Motion by McDonnell, seconded by Dalgo, to close Robinson St. from Washington Ave. to Church St. beginning at 7:00 p.m. on May 31, 2002, for the Renaissance Festival.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Motion by Jalanivich, seconded by McDonnell, to close the road in front of the Seamen’s Memorial on Tuesday, May 21, 2002, between 8:00 a.m. and 12:00 noon for the Seamen’s Memorial Benefit.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Margaret Miller of the Ocean Springs Chamber of Commerce reported that the Visitor’s Center had been presented with a Tree City USA flag and with an award for the greening of the commercial areas on Highway 90, Government St. and Washington Ave.
Gay Young asked that the sidewalk ramps on Government St. be fixed to meet federal code and presented documents for the Board’s review.
Motion by Gill, seconded by _______, to give the information furnished by Gay Young to the Public Works Director for him to get with the City Engineer to come up with a solution to the sidewalk problem.
THE MOTION DIES FOR LACK OF A SECOND.
(Young’s documents)
Motion by Dalgo, seconded by Carvin, to allow the documents submitted by Gay Young to be placed in the minutes.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
Mr. Young also reported that commercial delivery trucks were still parking overnight on Porter Ave. near the entrance to the Villa Maria. The Police Chief was instructed to review the situation and appropriate action if necessary.
Motion by Jalanivich, seconded by Dalgo, to recess until 6:00 p.m. on May 21, 2002.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Cody
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date