REGULAR MEETING OF FEBRUARY 4, 2003

 

 

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 4, 2003, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Gill, and City Clerk Adrienne Howell.  Alderman Dalgo and City Attorney Oscar Jordan were absent.

 

Mayor Ainsworth gave the Invocation and led the Pledge of Allegiance.

 

Motion by Jalanivich, seconded by Cody, to reappoint Sharon Walker to a five-year term on the Ocean Springs School Board of Trustees ending February 28, 2008.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Consent Agenda

 

City Clerk:

a)      Approve Minutes of Recess Meeting of January 21, 2003

b)      Pay Docket of Claims and spread docket summary upon the Minutes:

(Docket Summary)

c)      Accept Action Report

d)      Allow HR Director and Payroll Clerk to attend Wage and Hour Seminar in Biloxi on February 18, 2003, and prepay the total registration fee of $145.00

e)      Authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action No. 2002-2720-JB, Randolph F. Fagan, et al, vs. City of Ocean Springs, et al regarding Parcel No. 05107143.000

f)        Allow City Clerk to attend 33rd Annual Conference of Mississippi Municipal Clerks in Tupelo, MS, on March 19-21, 2003, prepay $110.00 registration fee and pay all other reasonable and actual expenses

g)      Authorize Russell Thompson to file collection procedures through Jackson County Justice Court for collection of 25 delinquent water accounts totaling $4,865.57 and authorize him to refer the 2 NSF checks totaling $294.84 to the DA’s office for collection:

(Thompson Letter)

h)      Authorize City Clerk to take whatever action necessary for the collection of bad debt:

(Bad Debt Letter)

i)        Allow Donna Laumeister to attend “Collecting Accounts Receivable” seminar on April 10 in Biloxi and prepay registration fee ($179)

        Police Dept.:

j)        Accept Police Report for December 2002

k)      Accept Police Reserve Report for September 2002

l)        Approve corrected hire date for Patrol Officer Kenneth E. Bell as January 22, 2003:

m)    Hire Timothy Hollon as Patrol Officer, effective February 6, 2003 (contingent upon successful completion of all pre-employment requirements), at starting salary of $25,000.00 (Patrolman 3rd Class):

(Hollon Hire Letter)

n)      Place Officer Mike Sweeney on full-time status, effective February 6, 2003, and move to Patrolman 2nd Class at $27,000.00 per year:

(Sweeney Full-time Letter)

        Fire Dept.:

o)      Accept retirement of Asst. Fire Chief Edward J. Twilbeck, effective April 1, 2003:

(Twilbeck Retirement)

p)      Allow Danny Dossett, Terry Webb, and Stacy Carpenter to attend courses at the MS State Fire Academy as listed in the attachment, prepay their registration fee and pay all other reasonable and actual expenses:

(Fire Dept. Travel Memo)

q)      Hire Kevin Sharpe as Fireman 2nd Class at starting salary of $27,000 annually; and hire Daniel Hutchins as Fireman 3rd Class at starting salary of $25,000 annually (contingent upon successful completion of all their pre-employment  requirements):

(Sharpe/Hutchins Hire Letter)

r)       Allow Stacy Carpenter, Rick Harris, Adam Roe, and Anthony Johnson, (and Jim Catchot of the Police Department) to attend the Center for Domestic Preparedness in Anniston, AL, and pay all reasonable and actual expenses:

(Fire/Police Travel Memo)

        City Engineer:

s)       Spread upon minutes the Agreement between the City of Ocean Springs and Coastal Piping, Inc., for the complete construction of the Davis Bayou Wastewater Improvements, CIAP Project No. MS 30.07:

(Coastal Piping Agreement – Davis Bayou Wastewater Improvements)

t)        Authorize the City of Ocean Springs to request proposals for engineering services for the Surface Transportation Program:

(Memo – ISTEA)

        Public Works:

u)      Ratify transfer of 1994 Ford F-150 (#1FTEF15Y0RBN57147) from Public Works to Rental Facilities Director:

(Vehicle Transfer Letter)

v)      Extend term bids for materials and services outlined in Public Works Director’s memo dated January 23, 2003, until April 1, 2003, and authorize City Clerk to advertise for bids for these items with specifications provided by Public Works:

(Bid Extension Memo)

w)    Extend probation of Engineering Inspector Jonathan Baum to August 26, 2003 (six months):

(Baum Probation Extension)

x)      Pay invoice from Graham Construction Company, Inc. ($1,805.10-retainage) for work performed on Bechtel Blvd. due to Tropical Storm Isidore/Hurricane Lili:

(Graham Invoice)

y)      Pay invoice from Graham Construction Company, Inc. ($73.60-retainage) for work performed on Forest Hill/Magnolia Ave. due to Tropical Storm Isidore/Hurricane Lili:

(Graham Invoice)

z)       Pay invoice from Graham Construction Company, Inc. ($109.60-retainage) for work performed on Lafontaine due to Tropical Storm Isidore/Hurricane Lili:

(Graham Invoice)

aa)   Pay invoice from Graham Construction Company, Inc. ($227.25-retainage) for work performed on Iberville Dr. due to Tropical Storm Isidore/Hurricane Lili:

(Graham Invoice)

bb)  Allow the Sewer Rehab Selection Committee to go to Washington to pursue and to file the appropriations request for the City to be included in the FY 2004 EPA Appropriations Bill, and to pay all reasonable and actual expenses:

(Sewer Rehab Committee Travel Memo)

cc)   Accept Public Works Director’s report and determination that it is not feasible to install sewer to the property owned by John Darnell on Nelson Dr; authorize refund ($4,594.00) to John Darnell that he paid to the City in October 1996 for installation of sewer to this property on Nelson Dr.

(Darnell sewer refund memo)

        Community Development & Planning:

dd)  Adopt Resolution Assessing Lot Cleaning Cost ($1300) for property located at 9200 Ocean Springs Road:

(Lot Cleaning Resolution)

ee)   Accept Conveyance of Property located at Southeast intersection of Bellande and Government Street (8’x8’ area donated by McLeod Lodge for improvements to Government Street):

(McLeod Lodge Conveyance)

ff)      Authorize Planning Director to file application to MDOT for the 2003 Urban Youth Corps Transportation Enhancement Program:

(2003 Youth Corps Memo)

gg)   Authorize reimbursement to the Ocean Springs Chamber of Commerce ($5,712.37) for their participation in the 2002 Youth Corps Grant Program:

(Chamber Letter – 2002 Youth Corps Refund)

hh)   Allow Planning Director to attend the 2003 Urban Forestry Conference in Gulfport on February 18-20, 2003, prepay $170.00 registration fee, and pay all other reasonable and actual expenses

        Risk Manager/HR Director:

ii)       Renew Employee Theft Insurance ($327.00) and Robbery/Burglary Insurance ($127.00) with McGuire Insurance Agency, Inc. and authorize payment of insurance premiums:

(Employee Theft & Robbery/Burglary Insurance Renewal)

        City Attorney:

jj)      Accept easement from St. Paul United Methodist Church of Ocean Springs for utility purposes:

(St. Paul Easement)

        Miscellaneous:

kk)  Pay D. Neil Harris for services rendered as City Judge Pro Tem on January 7 and 15, 2003 ($600.00):

(Harris Bill)

 

Items l and z were removed from the Consent Agenda for further consideration.

 

Motion by Gill, seconded by Carvin, to approve the Consent Agenda, excluding items l and z.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Department Reports

 

Police Dept.

 

Deputy Chief Mulvaney reported that item l of the Consent Agenda had been resolved.

 

Alderman Carvin asked for increased patrol activity on Eastland Blvd.

 

Public Works

 

The Public Works Director reported that there was no asphalt from the end of Bristol Blvd. to the parking area at the Percy Miller Marine Education Park.  He asked for authorization to spend some of the funds set aside for asphalt repairs to pave the area from the end of Bristol to the boat ramp.

 

Motion by Jalanivich, seconded by Gill, to authorize the Public Works Director to pave the area from the end of Bristol Blvd. to the boat ramp at the Percy Miller Marine Education Park.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Jalanivich, seconded by Carvin, to approve item z of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Alderman Lloyd asked if the Public Works Director had considered placing asphalt on Washington Ave. from the railroad tracks to Robinson St. to level out the drop.  The Public Works Director suggested replacing the concrete instead and was directed to review the area and report back to the Board with a recommendation.

 

The Public Works Director reported that asphalt should be laid over the new water and sewer line on Government St. within 30-40 days.  The City Engineer told the Board that he wanted to mill Government St. before paving it from Pine to Washington.

 

Community Development & Planning

 

Alderman Jalanivich recused himself at this time and requested that in the future he not be given any information that concerned impact fees.

 

(Impact Fees Administration)

 

Motion by Lloyd, seconded by Gill, to accept the proposal from Planning Works to provide professional services for staff training and development of an administrative procedure manual and forms regarding the impact fee program at a cost of $12,500.00.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Dalgo

 

(Freilich, Leitner & Carlisle Proposal)

 

Motion by Cody, seconded by Gill, to retain the law firm of Freilich, Leitner & Carlisle as lead counsel to represent the City regarding Homebuilders Association of Mississippi, Inc. vs. City of Ocean Springs.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Dalgo

 

(Planning Works Proposal – Expert Witness)

 

Motion by Cody, seconded by Lloyd, to retain Planning Works as expert witness to represent the City regarding Homebuilders Association of Mississippi, Inc. vs. City of Ocean Springs.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Dalgo

 

The issue of impact fees exemptions/reductions was held over until the next meeting.

 

Mayor Ainsworth reported that the MML Board of Directors had voted to provide a brief on impact fees pertaining to the Homebuilders Association of Mississippi, Inc. lawsuit against the City.  He added that several other municipalities had also agreed to do so.

 

Alderman Jalanivich returned to the meeting at this time.

 

The City Planner submitted the following report regarding traffic calming devices for Havard Rd. and recommended that no action be taken at this time.  He suggested reevaluating the area after improvements at Hanley Rd. and Government St. are complete.

 

(Havard Rd. Traffic Calming Devices)

 

Motion by Carvin, seconded by Gill, to remove traffic calming devices for Havard Rd. from the agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

The City Planner suggested traffic calming devices be considered for Eastland Blvd. between Davidson Rd. and Brumbaugh.  The issue was held over until the next meeting.

 

(Bolton Documents)

 

Motion by Jalanivich, seconded by Cody, to approve the issuance of a permit to Walter Bolton for construction of a bulkhead at I’berville Dr. just west of Cox Ave.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

(Bolton Documents)

 

Motion by Jalanivich, seconded by Gill, to approve the issuance of a permit to Walter Bolton for construction of a bulkhead at 113 Wisteria Lane.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Mayor

 

(1699 Letter)

 

Motion by Jalanivich, seconded by Cody, to provide $3,000.00 funding to the 1699 Historical Committee for the 1699 Landing to be held May 2-4, 2003, and to pay the funds from the monies budgeted for Fort Maurepas.

 

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin and Gill

VOTING NAY Alderman Lloyd

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Cody, seconded by Gill, to authorize the City Clerk to make the necessary budget amendment to facilitate the $3,000.00 funding for the 1699 Historical Committee.

 

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Carvin and Gill

VOTING NAY Alderman Lloyd

ABSENT AND NOT VOTING Alderman Dalgo

 

Mayor Ainsworth gave an update on the Shearwater Bridge project.  He reported that the City was going into its last week of public notice with the Coast Guard and, barring any major objections, expected a permit from the Coast Guard within several weeks.  He stated that Batson & Brown Engineering had estimated construction would take about 6 weeks from start to completion.

 

The Public Works Director reported that the new water line had reached Hwy 57 and that it would take about two days to fill with water.  He added that the project would be complete two weeks early at a total cost of $161,000.00.

 

Alderman Jalanivich, on behalf of Alderman Dalgo, reported that repairs to the drainage structure on the Mitchell property south of Hidden Oaks Subdivision were nearly complete and submitted the following motion for the Board’s consideration.

 

Motion by Jalanivich, seconded by Cody, to authorize the Building Dept. to release building permits, certificates of occupancy and other related permits for construction within Hidden Oaks Subdivision upon completion of the repairs to the drainage structure and acceptance of the structure by the Public Works Dept. and/or City Engineer.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT NOTING Alderman Dalgo

 

Old Business

 

Randy Wrigley’s item regarding a special use permit on Groveland Rd. was held over until the next meeting.

 

Motion by Cody, seconded by Carvin, to reappoint Charles Evans to a five-year term on the Tree Committee ending January 19, 2008.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

The purchase of land for Ocean Springs sports gym was held over until the next meeting.  Also held over were the issues of a temporary museum and a blacksmith shop at Fort Maurepas.

 

New Business

 

(Ira Weaver of Eastside Church of Christ – Median Crossover on Hwy 90)

 

Motion by Gill, seconded by Cody, to request the Jackson Co. Board of Supervisors to participate in the Hwy 90 median crossover project for the Eastside Church of Christ and ask them what they could participate in.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

 (Mike Findeisen – St. John’s Renaissance Festival)

 

Motion by Jalanivich, seconded by Cody, to close Robinson St. from Washington Ave. to Church St. from 5:30 p.m. on April 25 to 7:00 p.m. on April 27, 2003, as requested for the St. John’s Episcopal Church Renaissance Festival.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

(Carolyn Wyllie – Request for Community Promotion Funds for Ocean Springs Drama Dawgs)

 

The Mayor asked Ms. Wyllie to contact the City Clerk for an application for community promotion funds.

 

(Letter re: Lot Cleaning/Junk Ordinance Violation)

 

Motion by Jalanivich, seconded by Cody, to begin the lot cleaning process at 131 Lafayette Circle and schedule the hearing date for March 5, 2003.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Shannon Moran’s item was held over until the next meeting due to the absence of the City Attorney.

 

Audience Request

 

Carl Germany presented the following proposal from Margaret Moreland Fine Art Conservation for preservation and restoration of the Mac Anderson Tile Murals at the entry of the Mary C. O’Keefe Cultural Center.

 

(Moreland Proposal)

 

Motion by Jalanivich, seconded by Cody, to approve the proposal from Margaret Moreland Fine Art Conservation for preservation and restoration of the Mac Anderson Tiles in the Mary C. O’Keefe Cultural Center.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Mayor Ainsworth told the Board that Jackson County had set aside $100,000.00 to be spent in the City on non-road projects and felt that some of the funds might be able to be spent on the tile restoration project.

 

Scott Catchings of 711 Halstead Rd. expressed safety concerns about the proposed location of a convenience store next to his house.  He stated that the gas pumps would only be about 150 ft. from his home.  Alderman Jalanivich expressed concern for the daycare center that would be beside it and asked if the property was large enough for a convenience store.  The City Planner reported that he did not immediately know the dimensions of the property, but that 35 ft. setbacks were required on the north, south and east property lines, which would leave a postage stamp size area in the middle for a building.

 

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

ABSENT AND NOT VOTING Alderman Dalgo

 

Alderman Jalanivich did not go into the Closed Session.

 

Motion by Cody, seconded by Gill, to go into Executive Session to discuss potential litigation, annexation and personnel in the Fire Dept.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Dalgo

 

The City Clerk announced that the Board had elected to go into Executive Session to discuss potential litigation, annexation and personnel in the Fire Dept.

 

The Mayor and Board of Aldermen began their Executive Session began at 7:30 p.m. and was joined by Attorney Jerry Wallace, who left at 8:00 p.m.  Alderman Jalanivich joined the Board in Executive Session at 8:05 p.m. and the Fire Chief joined them at 8:10 p.m.  The Executive Session ended at 8:20 p.m.

 

Motion by Cody, seconded by Jalanivich, to resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Cody, seconded by Jalanivich, to hire Kevin Andrew Westbrook at the rate of $20.77 as interim Asst. Fire Chief for a period of up to 10 weeks as prescribed by Civil Service Rule 7, effective Monday, February 10, 2003.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Carvin, seconded by Jalanivich, to recess until 6:00 p.m. on February 18, 2003.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

 

 

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

            ________________                                                    ________________

                        Date                                                                              Date