A Recess Meeting of the Mayor and Board of Aldermen of the
City of Ocean Springs was called to order by Mayor Pro
Tem Jalanivich at
Alderman Cody gave the Invocation.
Mayor Pro Tem Jalanivich led the Pledge of Allegiance.
At this time City Auditor Mark Toups presented the FYE 2002 Audit Report and reviewed it with the Board. Alderman Lloyd asked about the city’s long-term loan capacity and Mr. Toups responded that it was about $12 million. After discussing combined statements, the necessity for budget reserves, etc., the following motion was made.
Motion by Gill, seconded by Carvin, to accept the Audit Report for FYE 2002 as presented by the City Auditor.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.:
a) Change Mark Dunston’s employment to part-time at rate of $6.07 per hour, not to exceed 19 hours per week or $500.00 per month
(Dunston Letter)
Motion by Dalgo, seconded by Gill, to approve the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
(FYE 2003 Budget Amendments)
Motion by Cody, seconded by Dalgo, to adopt the budget amendments for FYE 2003 as presented by the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk was excused from the meeting at this time.
(Employees’ Probation Memo)
Motion by Cody, seconded by Dalgo, to
accept the Fire Chief’s recommendation dated
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that the specifications for the walking track were ready.
Motion by Dalgo, seconded by Carvin, to refer the specifications for the walking track to the Park Commission for their review and recommendation back to the Board.
VOTING AYE ALL
VOTING NAY NONE
He also reported that the design drawings for the Fort Bayou Fishing Pier Extension were ready and that the project could be advertised for bid. The Board requested to see the plans for the gazebo before taking action, so the matter was held over until the next meeting.
Alderman Jalanivich suggested the Board postpone installation of the sewer line on the north side of Hwy 90 and proposed instead that they extend sewer on both the north and south sides, charging the property owners a special assessment for the improvements. The City Engineer reminded the Board that they had applied for a CAP loan for the project on the north side and did not want to jeopardize the loan. The City Planner said that the CAP loan project had to be complete within 1 year and that repayment is automatically taken from sales tax checks the city receives. The City Attorney said he didn’t think it mattered that special assessments may be charged for the improvements, but suggested they get it in writing from the state. He anticipated the special assessment process would take about 3 months. He said the city would need additional rights-of-way and could encounter a glitch in getting all property owners to sign easements. He added that the project could take longer if eminent domain became necessary. He suggested the Board fall back and regroup on the issue, keeping the Mayor, City Clerk, Public Works Director involved.
Motion by Gill, seconded by Dalgo, to refer the Hwy 90 sewer extension project to the Mayor, Alderman Jalanivich, City Attorney, City Clerk, Public Works Director, City Engineer, City Planner and Fire Chief for a recommended plan of action at the next meeting.
VOTING AYE ALL
VOTING NAY NONE
(MSA Invoices)
Motion by Cody, seconded by Lloyd, to pay the invoices from Moran, Seymour & Associates totaling $24,025.13.
VOTING AYE ALL
VOTING NAY NONE
The Board agreed to place all future bills received from the City Engineer on the Consent Agenda instead of on the regular agenda under the City Engineer’s report.
(Burrell Promotion Letter)
Motion by Cody, seconded by Dalgo, to accept the Public Works Director’s recommendation to promote Matthew Burrell to the position of Asst. Sewer Dept. Supervisor at Band 5/Step 2 ($12.55 hr.), effective August 12, 2003.
VOTING AYE ALL
VOTING NAY NONE
Alderman Cody asked that Public Works blacktop the area at
the
Alderman Cody reported that an area of
Alderman Carvin said he would like some 6’ sidewalks
installed in the City’s right of way on the north side of
Motion by Carvin, seconded by Cody, to
allow Public Works, with assistance from the Engineering Inspector, to install
some 6’ sidewalks on the north side of
At this time discussion was held regarding the motion. Alderman McDonnell asked if Alderman Carvin had spoken with area residents about the project. Alderman Carvin said half of the residents wanted the sidewalks and half of them did not. He said they did not want sidewalks on the south side, so there was only one other side left. Alderman McDonnell said he was uneasy about addressing the issue without input from the residents because it was a controversial issue and was not on the agenda. Alderman Gill expressed concern that opposing residents would file an injunction to stop the project from happening. Alderman Lloyd suggested tabling the issue until the next meeting.
Motion by Lloyd, seconded by Dalgo, to
table the issue of 6’ sidewalks on
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Dalgo and Gill
VOTING NAY Alderman Carvin
(Government St. Speed Problems)
The City Planner said that he had contacted Gulf Regional
Planning Commission about the stop signs proposed for
Motion by Dalgo, seconded by Cody, to
rescind the Board’s previous action to erect stop signs at the four locations
on
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director suggested placing additional speed limits signs in the area, as well as additional signage at the curves. The Police Chief said if the speed limit was lowered to 30 mph and he could count on the public to drive between 30-35 miles per hour, that it would be safe for pedestrians on the sidewalk, safe for the school zones and would alleviate some of the traffic congestion. The City Planner said the City Engineer could put him in touch with a firm who could perform a traffic engineering study of the area for a reasonable cost and make a recommendation. Alderman Dalgo said he wanted to drive the area some more and asked that the matter be carried over until the next meeting.
Mayor Ainsworth joined the meeting at this time and assumed the chair. Since Alderman Jalanivich relinquished chair of the meeting to Mayor Ainsworth, he voted on all following matters as indicated.
Betty Magee, on behalf of the Friends of Mary C. O’Keefe, requested the City accept the proposal they obtained from Mainstage Theatrical Supply Company for stage rigging at the Mary C. O’Keefe Cultural Center in the amount of $45,250.00.
(Quote)
The City Attorney advised that state purchasing laws required the city to advertise for sealed bids for the lighting, as it exceeded the $15,000.00 cap. He confirmed this with Purchasing Agent Pamela Cox, who was present in the audience.
The City Planner explained that there was some lighting in the contract and that some lighting had not been addressed. He said when Architect Carl Germany originally bid the entire project, the city had about $1.6 million. The project was bid out for about $2.5 or $2.7 million just to see what the numbers would be. He said change orders were issued as those funds became available, but within the scope of the original entire project that was bid, the $2.7 million. He said he believed this was consistent with the scope of the original contract.
Mayor Ainsworth stated that Architect Carl Germany said this was not part of the scope of his work and that this was a separate issue for the city to consider. He added that Mainstage would have to do the rigging and the city would actually be hiring their services to rig the stage area, as well as the materials needed. Ms. Magee said that she had contacted Fletcher Construction and they agreed to work with the Friends on this issue.
The City Attorney told the Board that the work was not in the original specifications, and with the change orders to date, the city was approaching a magnitude of avoiding or negating the original purpose of the project. He said the general rule of the Attorney General’s office is 10% of the project cost. He advised the Board that if they vary through change orders over and above 10% of the original project cost as the bid was accepted, they would violate the state law by not comporting to the bid process. He suggested that problems be reviewed prior to the meetings rather than attempt to solve them during the meetings.
Motion by McDonnell, seconded by Gill, to authorize the City Clerk to advertise for bids for stage lighting for the Mary C. O’Keefe Cultural Center based on specifications received from the Friends of Mary C. O’Keefe.
VOTING AYE ALL
VOTING NAY NONE
(Resolution Assessing Lot Cleaning Cost – 509 Magnolia Ave.)
Motion by Jalanivich, seconded by McDonnell, to adopt the above and foregoing Resolution.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin and Gill
VOTING NAY Alderman Lloyd
VOTING ABSTAINED Alderman Dalgo
(Fletcher Invoice)
Motion by Jalanivich, seconded by Gill, to pay the invoice from Fletcher Construction in the amount of $99,646.45 regarding the Mary C. O’Keefe Cultural Center and release payment upon the receipt of funds from MDA and the availability of local funds.
VOTING AYE ALL
VOTING NAY NONE
Risk Manager/HR Director
The HR Director presented a proposed time and attendance policy to the Board regarding non-exempt employees. She stated that all of the department heads, Mayor and City Attorney were in agreement. She said a policy for exempt employees would be ready prior to the next Board meeting. Several of the aldermen wanted to review the policy before adopting it and the matter was held over until the next meeting. The HR Director was asked to report back at the next meeting with a recommendation for time clocks and the cost.
ORDINANCE NO. 12 - 2003
AN ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI
ABOLISHING ORDINANCE #1-2000, AS ADOPTED ON JANUARY 18, 2000
ORDINANCE NO. 13 - 2003
AN ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI
ABOLISHING ORDINANCE #2-2000, AS ADOPTED ON JANUARY 18, 2000
Motion by Jalanivich, seconded by Cody, to adopt the above and foregoing Ordinances.
VOTING AYE ALL
VOTING NAY NONE
(Moreland Proposal)
Motion by Cody, seconded by McDonnell, to accept the proposal from Margaret Moreland regarding the Mac Anderson tile murals at the Mary C. O’Keefe Cultural Center.
VOTING AYE ALL
VOTING NAY NONE
(Final Resolution – Ad Valorem tax Exemption for Cingular Wireless)
Motion by McDonnell, seconded by Lloyd, to adopt the above and foregoing Resolution.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell and Gill
VOTING NAY Aldermen Cody, Carvin and Dalgo
The Public Works Director reported that about half of the pipe on Hastings Rd. was in good shape and would have a report on the estimated cost of repairs at the next meeting.
Motion by Lloyd, seconded by Dalgo, to withdraw support for annexation of the northwest area.
At this time discussion was held regarding the motion. Alderman Lloyd felt the numbers did not support annexation of the entire area and felt it was not in the best interest of the city to proceed. He added that although he did not like giving up the northern corridor, he was concerned about how the city would support annexation of the entire 44 sq. miles instead of the 6 mile area the city really wanted, and was concerned the people in Ocean Springs would wind up footing the bill.
Alderman Gill felt the Board should have the foresight to look at the future of the city and annex north of the bayou. He said the homeowners in Ocean Springs have a big tax burden and that the city has to grow to take the burden off of them. He added that the city needed commercial growth as well.
Alderman Dalgo reminded the Board that this was a hostile annexation and was not about services the people need, but about revenues for the city. He noted that although the City had a handle on its finances, there were some financial challenges. He said he was not willing to gamble that the annexation would pay off and felt they should make the best of what the city has now.
Alderman McDonnell acknowledged the risks involved and hoped the City did not have to take in the entire area, just the part relating to Ocean Springs. He noted that the numbers of the area the City was really interested in, 609 north to the I-10 intersection, were not upside down and did not reflect negative figures. He wanted to stay the course.
Alderman Lloyd questioned the statement made by the city’s consultant that the city would die if it did not expand; he said there are many cities all over the country that have not grown in hundreds of years and are fine. He added that the issue was poor planning in taking care of Ocean Springs as it exists now. He reminded the Board that the city still had not finished paying for water and sewer lines from the last annexation. He noted that the judge could award the city anywhere from 44 sq. miles to 6.5 sq. miles of the proposed annexation area, putting a tremendous burden on current Ocean Springs taxpayers for roads, sidewalks, drainage, etc. He felt it was not in the best interest of Ward 1 residents and the people of Ocean Springs.
Alderman Cody felt annexation was the only means for the city to grow and that the Board had the opportunity to offer the people in the proposed annexation area what it could provide in Ocean Springs. He reminded the Board that studies had been done and that the city’s legal counsel believes it is the right thing. He added that the court would decide what is the proper area and what is not, and expressed concern that the issue was addressed in open meeting rather than in executive session, since it is a matter of litigation.
Alderman Dalgo told the Board that the city’s legal counsel had a vested interest because he was getting paid for his services and reminded them that the annexation attorney had stated that the greatest expense was ahead.
Alderman Jalanivich said he was torn between the city staying small or growing and reaping the benefits, but that he wanted to let the judge decide what the city could and could not do. He said he had more interest in the eastern end of the city at this time. He added that if annexation of the northwest area were dropped, D’Iberville would be at Fort Bayou.
After hearing all comments, Mayor Ainsworth called for the question, said vote being as follows:
VOTING AYE Aldermen Lloyd and Dalgo
VOTING NAY Aldermen Jalanivich, McDonnell, Cody, Carvin and Gill
All appointments were held over until the next meeting.
(Jackson Co. Civic Action Committee – Ocean Springs Senior Citizens’ Center Community Partnership Agreement)
Motion by Jalanivich, seconded by Cody, to accept the Ocean Springs Senior Citizens’ Center Community Partnership Agreement with the Jackson County Civic Action Committee, Inc. and authorize the Mayor to sign said agreement on behalf of the City.
VOTING AYE ALL
VOTING NAY NONE
The Board agreed to table the letter from the 1699 Committee until the next meeting.
Pat Pintard of 3121 Shadow Wood Lane complained that the city had approved a variance for the house at 3123 to be built within 10 ft. of both property lines and that it was creating flooding problems on his property. He complained that there was no notification to the adjoining property owners and noted that the variance did not conform to the subdivision’s covenants. He added that he was pursuing that as a civil matter. He requested a stop work order be placed on construction until the drainage problems were addressed.
The City Planner explained that the developer was currently digging a ditch to drain the water into the big Parktown ditch. Mr. Pintard said the ditch was 10 ft. long and 5 ft. deep and that he was concerned for his 2-yr. old daughter’s safety. He felt the variance was in violation of the ordinance because variances should only be granted in cases of hardship.
John Burgess, a resident of Trentwood, asked why variances are granted without notification to property owners. The City Attorney responded that the city was not empowered to enforce private rights. Mr. Burgess asked at what point in the process the property owners get involved.
The City Planner advised the Board that he was in the process of working with the developer and builder to build a drainage ditch. Alderman Jalanivich was concerned that a ditch that drains into the Parktown ditch would not work. Alderman Gill said part of the problem in the delay was obtaining a permit from the Corps of Engineers to dig the ditch.
Alderman Gill wanted to make a motion to issue a stop work order on construction at 3123 Shadow Wood, but was advised against it by the City Attorney. The City Attorney stated that it was his understanding that the present homeowner and/or contractor was not the person who had been involved in the problem that existed heretofore and was as such an innocent purchaser for value. He added that the homeowner/building/contractor had not violated any laws that he was aware of or any regulations that he had heard of tonight, with a possible exception of protective covenants that the city does not enforce. He reminded the Board that the city had issued him all of the permits required and had also issued him a variance for construction. He felt the city did not have the basis to deny an innocent purchaser for value the right to go forward with construction of his home. The Public Works Director reminded the Board that the developer, Kelly Singleton, had placed a $150,000.00 bond with the city to address this issue.
Motion by Gill, seconded by Cody, to temporarily suspend Kelly Singleton’s bond until the drainage problems in Trentwood Subdivision are resolved and to direct the City Planner and any other department necessary to go forward and correct the major problem of drainage in this area.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by Dalgo, that from now on, to notify abutting property owners of every variance request upon application.
VOTING AYE ALL
VOTING NAY NONE
At this time District 4 Supervisor Frank Leach addressed the Board about several issues. He said the Weeks Bayou Bridge would be complete in less than 2 weeks and the Shearwater Bridge in about 4 weeks. He said that they were making great headway with the new road under the Fort Bayou Bridge. He also said that the Board of Supervisors had approved construction of the harbormaster’s house on the southeast side of the Harbor and that it would be on pilings. He said that they were accepting bids on phase 2 of the Harbor project and that the spoils would be placed on a site in Harrison County. He added that they had authorized phase 3 bids for pilings and driving of pilings. On the issue of annexation, he said he took exception to remarks made that this was a political football and stated for the record that the Board of Supervisors had not taken any vote on the issue what so ever. However, he said he had received correspondence from people in the city and people north of the bayou saying they wanted to be left alone. He didn’t believe that any new services would be provided and thought a fear factor was involved. He asked the Board not to let fear motivate their decisions on the issue.
Motion by Cody, seconded by Carvin, 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 personnel in all departments.
VOTING AYE ALL
VOTING NAY NONE
The Deputy City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss personnel in all departments.
The Board began the Executive Session at 9:05 p.m. All department heads were in attendance, with the exception of the City Clerk, who was absent. The Executive Session ended at approximately 9:40 p.m.
Motion by Jalanivich, seconded by Lloyd, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to recess until 6:00 p.m. on August 19, 2003.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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Date Date