A Regular Meeting of the Mayor and Board of Aldermen of the
City of Ocean Springs was called to order by Mayor
Ainsworth at
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
(
Alderman Lloyd asked that the
Alderman Lloyd recused himself at this time.
Motion by Cody, seconded by Dalgo, to adopt the Ocean Springs School District Budget for FYE 2003-04 as presented.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Lloyd
Alderman Lloyd returned to the meeting at this time.
City Clerk:
a)
Approve Minutes of Regular Meeting of
b)
Approve Minutes of Special Call Meeting of
c)
Approve Minutes of Special Call Meeting of
d) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
e)
Adopt Resolution and Order adopting Motor Vehicle
Assessment Schedule for ensuing fiscal year (2003-2004) and schedule public
hearing for
(Motor Vehicle Resolution #1)
Fire Dept.:
f) Allow Police Dispatcher Caren Depreo to attend Fire Communications Instructor Course at Desoto County Sheriff’s Office on August 18-23, 2003, prepay $495.00 tuition and pay all other reasonable and actual expenses (from Fire Dept. account no. 161-610)
City Engineer:
g) Approve Pay Request No. 1 from M & D Construction ($35,062.12) regarding Evergreen Cemetery Retaining Wall:
(M&D Construction Invoice)
Public Works:
h)
Place Johnny Groue on full-time status, effective
(Groue Probation Letter)
i) Pay invoice from Twin L Construction, Inc. ($16,716.38) for curb and gutter, sidewalk and/or street concrete repairs in conjunction with sewer rehab project (EPA grant reimbursement):
(Twin L Invoice - $16,716.38)
j) Pay invoice from Graham Construction Co., Inc. ($3,522.60) for repairs on Lift Station No. 64 (GINS) in conjunction with sewer rehab project (EPA grant reimbursement):
(Graham Invoice - $3,522.60)
k)
Pay invoice from Graham Construction Co., Inc. ($349.80
– retainage) regarding sewer rehab work at
(Graham Invoice - $349.80)
l)
Pay invoice from Graham Construction Co., Inc. ($367.40
– retainage) regarding sewer rehab work at
(Graham Invoice - $367.40)
m) Pay invoice from Graham Construction Co., Inc. ($1,454.40) regarding sewer rehab work at 1325 Diller Rd. (EPA grant reimbursement):
(Graham Invoice - $1,454.40)
n) Pay invoice from Graham Construction Co., Inc. ($7,072.20) regarding sewer rehab repairs on Lift Station No. 58 (EPA grant reimbursement):
(Graham Invoice - $7,072.20)
Community Development & Planning:
o) Reschedule lot cleaning hearing on 328 Teringo Circle from July 1, 2003 to August 5, 2003:
(Lot Cleaning Hearing Memo)
p) Approve placement of “No Parking At Any Time” signs along service drive at Springs Plaza Shopping Center (Vermont to Rue Maurepas) and authorize City Attorney to draft amendment to appropriate ordinance, if necessary:
(Sign Letter)
q) Refund $50.00 to Mary Tillinghast for overpayment of demolition permit for 501 Brumbaugh Rd.:
(Tillinghast Refund Letter)
r) Authorize Mayor to execute Promissory Note and Loan Agreement with Mississippi Development Authority for $500,000.00 CAP Loan for sewer extension along Hwy 90 to Hwy 57:
(MDA Agreement - CAP Loan for Sewer Ext.)
s) Authorize Public Works to review request from Billy Jones for water/sewer connection to 5500 Riley Rd., Lot 2 (outside city limits) and provide cost estimate:
(Jones water/sewer request)
City Attorney:
t) Adopt Resolution Interlocal Governmental Agreement with Jackson County Board of Supervisors for Public Safety Project Along Government St. and authorize Mayor to execute on behalf of City:
(Resolution – Government St. Project)
Miscellaneous:
u) Pay invoice from Batson and Brown, Inc. ($35,478.00 – Partial Pay Estimate No. 1) for engineering services regarding Shearwater Bridge Replacement:
(Batson & Brown Invoice)
Motion by Gill, seconded by Carvin, to approve the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk presented budget amendments for FYE 2003 and provided the Board with the following up-to-date budget. She asked the Board to review the budget carefully because she had some serious concerns. She reported that the projected income was short and that expenditures had increased due to budget amendments. She expressed concern about the $795,000.00 ending cash balance and recommended a minimum balance of $1.5 million to carry the city through the first three months of the new fiscal year. She added that the $1.5 million was a bare minimum that did not include emergencies or supplementing of any other funds. She said the city would have to cut back on expenditures for the next three months and hope that the revenues would come in.
(Budget)
Motion by Carvin, seconded by McDonnell, that the Mayor, City Clerk and Finance Committee review the budget presented and report back at the next meeting with some recommendations on how to shore up the ending cash balance.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director reported that the Governor, as well as the Jackson County Board of Supervisors had declared a state of emergency due to Tropical Storm Bill and presented the following proclamation for the Board’s consideration.
(Emergency Proclamation – Tropical Storm Bill)
Motion by Cody, seconded by Carvin, to declare a state of emergency due to Tropical Storm Bill.
At this time discussion was held on the motion. The Public Works Director estimated approximately $100,000.00 worth of street damage from the storm. He explained that FEMA and MEMA would reimburse the city for expenses related to Tropical Storm Bill at the rate of 75% and 12.5% respectively. He anticipated receiving FEMA reimbursement within 60-90 days, but said that MEMA reimbursement could take up to a year or more. Alderman Dalgo expressed concerned that the city would spend over and above revenues in anticipation of reimbursement and would wind up in a short position. The Public Works Director reminded the Board that they had already budgeted regular-time labor for the year and that part of the $100,000.00 in repair costs would include FEMA hourly rates for the use of pickup trucks, chainsaws, backhoes, generators, etc. He explained that this is money the city would not ordinarily receive. He said that the city may not get reimbursed for another 4-6 months for salaries and that the only additional costs should be those items that it takes for them to do the physical repairs. Alderman Dalgo asked the City Clerk if she anticipated a shortfall in the water and sewer funds if the city stayed the course and she replied “yes.” She told the Board that emergencies could not be predicted and that this was one reason why the city needed ample ending balances. After hearing all discussion on the motion, Mayor Ainsworth called for the question, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to appoint Andre Kaufman as Disaster Coordinator.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director recommended that department heads be paid on an hourly basis for reimbursement reasons.
Motion by Jalanivich, seconded by Carvin, that all department heads be allowed to work at an hourly rate equal to their current salary.
Alderman Dalgo said that salaries would probably be the one area where the city would get into trouble in exacerbating a situation with an existing shortfall projection, i.e. salaries, overtime, unanticipated expenses. The Public Works Director clarified that the projected timeframe for FEMA reimbursement would be 90 days, or a little more, after the work was accomplished and the audit was called for. He added that this was a small project for a small amount of money and that the bulk of the cost would be for salaries and money for equipment, with less than $30,000.00 for materials. After hearing all discussion, the question was called, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Dalgo, to adopt the FYE 2003 budget amendments as presented by the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Cody, to refund to Jennifer Seymour the $200.00 damage deposit paid for rental of the Community Center.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich asked when construction would begin on the Hwy 90 sewer line. The City Engineer reported that he was waiting for the necessary easements, which required property appraisals and title opinions.
Motion by Jalanivich, seconded by Cody, to hire an appraisal firm to do the appraisals for the easements.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that the contractor for the Shearwater Bridge project was working on the concrete abutment on the north side and was waiting for dry weather to continue. He added that the deadline for completion was sometime in late September 2003. He added that the Weeks Bayou bridge should be complete by the 3rd or 4th week of August 2003.
Alderman Cody reported a new pothole on Government St. where repairs were made to the asphalt at the drainage inlets in the crossover.
Alderman Gill asked about the Hastings project. The City Engineer reported that the cost estimate was complete. Alderman Gill asked that he and the Public Works Director be allowed to review the cost estimate and bring the matter before the Board at the next meeting.
The City Engineer reported that they were in the process of surveying for the sidewalk project.
The City Clerk reminded the Board that they had not yet made provisions for the city’s share of the Shearwater Bridge Project (about $200,000.00). She added that she had received Jackson County’s portion, which was $167,055.00. Mayor Ainsworth said he would review the matter with the City Clerk and make a recommendation at the next meeting. She also told the Board that the first Sunplex note was due in the amount of $198,889.50. She reminded the Board that they had originally anticipated paying for Sunplex with a bond issue, but could not hold out paying until the bond issue because the note was due now. She asked for authority to pay the note from the ending cash balance in the water fund.
Motion by Lloyd, seconded by Dalgo, to pay the $198,889.50 Sunplex note from the water fund.
VOTING AYE ALL
VOTING NAY NONE
(Request of Liqui-Chem for Shallow Water Well)
Motion by Jalanivich, seconded by Gill, to accept the recommendation of the Public Works Director and the City Attorney with regard to the request of Liqui-Chem for a shallow water well at 5717 Gulfteck Dr., Lot 20-A in Sunplex, and make the documents a part of the minutes.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director submitted the following information concerning Highland Park water service and recommended issuing a $17,958.00 credit to Randy Wrigley’s account for the value of the 110 water meters originally installed, less the cost of the 6” master meter with fittings. He said that nearly all of the meters have been installed at other locations.
(Highland Park Water Service)
The City Clerk reported that Mr. Wrigley had not yet paid the $6,000.00 deposit required on the account. Mr. Wrigley disagreed with the amount of the deposit, citing he had less than 100 units occupied. The City Clerk told Mr. Wrigley that the deposit was based on the total number of lots, not the number of units occupied.
Motion by Gill, seconded by Carvin, that the Mayor, Public Works Director and City Clerk work the problem out with Mr. Wrigley and report back at the next meeting with a recommendation.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
The City Planner reported that there was $80,000.00 in the Mary C. O’Keefe Cultural Center Fund that was not obligated as of yet. Architect Carl Germany said he was waiting on a change order for a full fly system, which would cost a total of $129,000.00, but would need the $80,000.00 as a deposit for the system. He said that the city would have to come up with an additional $49,000.00 for the entire fly system. He did say that the $80,000.00 system would be fully functional.
Motion by McDonnell, seconded by Cody, to authorize Public Works to provide the necessary manpower to clean East Beach and Front Beach after the 4th of July holiday.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that he and Park Superintendent Damian McKay had taken representatives of the DMR to different areas of the city and were evaluating them for possible mitigation credits. He said that DMR needed some dry weather or chest waders to get into some of the mitigation property to evaluate it and possibly some 4-wheelers to evaluate the 120 acre tract. He added that the DMR staff and the city’s consultants were moving forward in the permitting process.
Damian McKay reported that Moran, Seymour & Associates were in the process of drafting specs for the walking track project.
Alderman Dalgo spoke on behalf of the Finance Committee and said they needed direction on the Board level to go any further and felt it should be discussed in a work session. He said the committee had reviewed the issues of public safety, the Mary C. O’Keefe Center, the Shearwater Bridge project, sports complex and infrastructure improvements and that they project totaled more than an estimated $11.5 million. He did not see how the finance committee could choose what should stay on the list and determine how a referendum would be presented to the public. A work session was scheduled for 7:00 p.m. on July 8, 2003.
(Singing River EPA – Lighting Recommendation for Hanshaw Rd.)
Motion by Jalanivich, seconded by Cody, to accept the recommendation of Singing River EPA to install one additional 250w HPS light on Hanshaw Rd. south of the railroad tracks and north of the entrance to Bienville Place Subdivision.
VOTING AYE ALL
VOTING NAY NONE
Windie Molnar of 4111 Yosemite complained that the drainage pipe that runs in her yard from the street to the canal was not being maintained and was causing her yard to sink in. She said she had called Public Works several times over the last few months, but nothing had been done. The Public Works Director stated that other work orders had taken priority and that he had not been able to address her problem due to wet weather.
Motion by Jalanivich, seconded by Dalgo, that the Public Works Director take care of the drainage problem at 4111 Yosemite as soon as possible.
VOTING AYE ALL
VOTING NAY NONE
Mr. Krystosek presented the following letter and elaborated on the flooding problem at his and his neighbors’ property. He said the flooding began with construction of two houses on Birnamwood Dr. He stated that the foundations had been built up so high that they blocked or restricted the natural flow of water in the area causing flooding at 1412, 1414 and 1416 Diller Rd. He referred to Ordinance No. 14-2000, which governs and controls storm water management and provides for erosion control measures, and asked the city to stop construction on Birnamwood until a suitable drainage system could be installed to allow the natural flow of water in the area.
(Raymond E. Krystosek – Flooding Problem on Diller Rd.)
Mr. McKay of 1704 Birnamwood Dr. said that his property and plans had been inspected and approved by the city. He said he had dug a well that ran from his yard down to the cul-de-sac to help drain it and was told by the city to put a swale in the back of his yard. Mr. Joines of 1707 Birnamwood said he was never officially notified about the problem and just learned about it yesterday from his contractor. He did not believe that his property was putting any additional water on Mr. Krystosek’s property, except possibly the northeast corner of his property, which flattens out. He said he would do what he could to fix the problem, but most of his budget had been spent on trying to build his house. Mr. Krystosek said that most of the flooding was caused from Mr. McKay’s property.
Motion by Gill, seconded by Jalanivich, that the Public Works Director and Engineering Inspector review the flooding problems on Diller Rd. and report back to the Board with a recommendation and have the homeowners comply with the recommendation to solve the problem.
VOTING AYE ALL
VOTING NAY NONE
(Ceasar and Creel Resignations)
Motion by Cody, seconded by Carvin, to accept the resignations of Election Commissioner Terry Ceasar and Park Commissioner Terry Creel.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Dalgo, to reappoint Oscar Jordan to a one-year term as City Attorney expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Toups, Leach & Associates to a one-year term as City Auditor expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Jalanivich, to reappoint Mark Hare to a one-year term as Civil Defense Director expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to reappoint Daryl Dryden to a one-year term as City Prosecuting Attorney expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Matthew Mestayer to a one-year term as City Judge expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Cody, to reappoint Neil Harris to a one year term as City Prosecuting Attorney/Judge Pro Tem expiring June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, to hold all other appointments until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
No one addressed the Mayor and Board of Aldermen at this time.
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 Dalgo, to go into Executive Session to discuss potential litigation and personnel in Building and Public Works.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation and personnel in Building and Public Works.
The Board went into Executive Session at approximately 8:10 a.m. and was joined by the City Attorney and the Human Resources Director. The Human Resources Director left at 8:25 p.m. and was followed by the City Attorney at 8:35 p.m. The Public Works Director was called to join the Board at 8:45 p.m. and the City Planner was asked to join them at 9:05 p.m. They remained in session with the Board until approximately 9:10 p.m., when the Executive Session ended.
Motion by Jalanivich, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Dalgo, to transfer the engineering inspector from Public Works to Community Development and Planning, effective immediately and that he begin a 90 day probation.
VOTING AYE ALL
VOTING NAY NONE
A work session was scheduled for July 8, 2003 to discuss the updated budget and capital improvement projects. The budget session was scheduled to begin at 5:00 p.m. and the capital improvements session was scheduled to begin at 7:00 p.m.
Motion by Cody, seconded by Gill, to recess until 6:00 p.m. on July 15, 2003.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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Date Date