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 Mayor Pro Tem Jalanivich opened the public hearing with regard to the Motor Vehicle Assessment Schedule for FY 2003-2004. The City Clerk reported that she had received no written correspondence concerning the proposed schedule. No one from the audience offered any comments.
Motion by Cody, seconded by Carvin, to close the public hearing regarding the Motor Vehicle Assessment Schedule for FY 2003-2004.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Resolution – Adopting Motor Vehicle Assessment Schedule for Year 2003-2004)
Motion by Cody, seconded by Carvin, to adopt the above and foregoing Resolution.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
City Clerk:
a)
Approve Minutes of Recess Meeting of
b)
Approve Minutes of Special Call Meeting of
c)
Approve Minutes of Regular Meeting of
d) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
e) Place Payroll Clerk Patty Gaston on full-time status, effective immediately:
(Gaston Probation Letter)
f) Terminate temporary employment of Jeffrey F. Steele, effective immediately, and authorize City Clerk to fill water billing clerk vacancy immediately:
(Steele Termination Letter)
g) Authorize Mayor to sign Answer in title confirmation suit: Philip E. Huffman vs. R. F. Taylor, et al, Civic Action No. 2003-0973JB (Parcel No. 05405805.000), contingent upon all taxes being paid:
h)
Accept Credit Card Usage Report for
(Credit Card Report)
Police Dept.:
i) Hire Mark S. Dunston on a part-time basis as Training/Resource Officer at rate of $500.00 per month (not to include any benefits), contingent upon successful completion of all pre-employment requirements:
(Dunston Hire Letter)
j) Approve schools/training/travel for Officers Jason Byrd, Mark Spicer and Det. Ptn. Jimmy Smith as requested, prepay registration and pay all other reasonable and actual expenses:
(Police Training Memo)
Fire Dept.:
k)
Place Firefighter Orval Ray West on full-time status,
effective
(West Probation Letter)
City Engineer:
l) Approve Pay Request No. 1 from Caldwell Tank ($41,400.00) regarding Contract A – New Elevated Water Tank, DWI-280035-02:
(
Public Works:
m)
Allow Ronnie Brown and Danny Spicer to attend Water
Supply Operator’s Short Course in
n) Pay invoice from Graham Construction Co., Inc. ($7,243.20) regarding sewer repairs at Davidson/Stennis (EPA Grant):
(Graham Invoice ($7,243.20)
o) Pay invoice from Graham Construction Co., Inc. ($3,168.00) regarding sewer repairs at 304 Hunter (EPA Grant):
(Graham Invoice ($3,168.00)
p) Pay invoice from Graham Construction Co., Inc. ($1,530.00) regarding sewer repairs at 116 Bryant (EPA Grant):
(Graham Invoice ($1,530.00)
q) Pay invoice from Graham Construction Co., Inc. ($1,414.80) regarding sewer repairs at Porter/Dewey (EPA Grant):
(Graham Invoice ($1,414.80)
r) Pay invoice from Graham Construction Co., Inc. ($2,372.62) regarding sewer repairs on Mincheck (EPA Grant):
(Graham Invoice ($2,372.62)
s) Pay invoice from Twin L Construction, Inc. ($4,725.00) regarding street and sidewalk replacement work on Eastland (2) and Davidson due to sewer rehab work (EPA Grant):
(Twin L Invoice)
t) Pay invoice from Compton Engineering ($4,998.50) for engineering services regarding State Transportation Program Grant:
(
u) Pay invoice from Graham Construction Co., Inc. ($2,310.52) for road repairs due to Tropical Storm Bill:
(Graham Invoice ($2,310.52)
v) Pay invoice from Graham Construction Co., Inc. ($323.80 – retainage) regarding sewer rehab work on Mincheck:
(Graham Invoice ($323.80 – retainage)
w)
Accept recommendation of Sewer Committee to exempt
(Sewer Committee Recommendation)
Community Development & Planning:
x)
Grant Park Impact Fee exemption to Mozammel Bhuiyad for
single unit or $210.00 for each duplex construction for the six lots of
Heritage Woods Subdivision on
(Bhuiyad Documents)
y) Approve Application for Payment No. 14 for Fletcher Construction Co., Inc. ($18,039.50) regarding Mary C. O’Keefe Cultural Center and pay with funds from city and funding agencies as available:
(Fletcher Invoice)
z) Accept recommendation of Planning Commission with regard to the following:
1.
(
2. Rosemary Grove Subdivision – Preliminary Plat Approval and Variance Request:
(Rosemary Grove Documents)
3. I’berville Landing – Preliminary Plat Approval and Variance Request:
(I’berville Landing Documents)
4. Tony
and Mildred Law –
(Law Documents)
aa) Accept recommendation of Historic Preservation Commission with regard to the following COA’s:
1. B.E.B.
Development Co. –
(BEB COA)
2. Ron
Starnes –
(Starnes Documents)
3. Hank
Zuber –
(Zuber Documents)
City Attorney:
bb) Pay City Attorney’s bill for June 2003 ($5,287.50)
Miscellaneous:
cc) Release $1,250.00 in budgeted community promotion funds to HOSA as requested:
(HOSA Letter)
Items d, h and z2 were removed from the consent agenda for further consideration.
Motion by Carvin, seconded by Gill, to approve the Consent Agenda, excluding items d, h and z2.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(FYE 2003 Budget Amendments)
Motion by Dalgo, seconded by Cody, to adopt the budget amendments for FYE 2003 as presented by the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
At this time discussion was held regarding item d of the Consent Agenda. Alderman Cody asked about several claims on the docket and was told a hold had been placed on them.
Motion by Cody, seconded by Dalgo, to pay the docket of claims as presented.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
At this time discussion was held regarding item h of the Consent Agenda. Alderman Cody asked the City Clerk for her recommendation on whether employees should use cash to pay for travel expenses or use the City’s credit card. The City Clerk replied that accounting has had problems reconciling the credit card bills and recommended the use of travel advances as allowed by state law. She stated that there were times when the bills had to be paid before all travel receipts had been received in order to avoid interest and penalties, and then reconciled later. Alderman Cody noted that it was illegal for a municipality to pay interest on credit cards.
Motion by Cody, seconded by Dalgo, to eliminate the use of the City’s credit card until a law can be found that permits the payment of interest, but to allow its use to guarantee room reservations in circumstances where purchase orders are not accepted.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Gill reported that the cost estimate for
Motion by Gill, seconded by Cody, to allow Alderman Gill,
the Public Works Director and Engineering Inspector to review the cost estimate
for
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Dalgo, that
all engineering bills received from Moran,
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Cody asked if a representative of the City signed
off on the invoices from Graham Construction.
The Public Works Director replied that the supervisor for whatever
department the repair work is being done for signs the daily timesheets and
invoices. He added that the City did not
have a person who could stay out on the job site all day, but that the
supervisors of the respective departments check on them back and forth. Alderman Cody was concerned that no one was
signing off on the quality of the repair work being done and some pipes on
Bechtel had been repaired numerous times.
The Public Works Director said that
At this time discussion was held regarding item z2 of the Consent Agenda. The City Planner reported that Rosemary Grove Subdivision was not ready for preliminary plat yet and was only in need of a variance.
Motion by Dalgo, seconded by Cody, to accept the Planning Commission’s recommendation to approve a variance for Rosemary Grove Subdivision for a right-of-way width of 11’8”, roadway width of 23’ back of curb to back of curb, and reverse curve straight length and curve radius.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Keith Dier – COA for 1217 Sunset Ave.)
The City Planner reported that Keith Dier had requested a COA for construction of a new home at 1217 Sunset Dr. and that the Historic Preservation Commission had recommended denial of the request. Mayor Pro Tem Jalanivich questioned the commission’s recommendation to deny the COA when other houses in the area had used the same materials. The builder, Ed McMurtry, showed the Board pictures of several houses in the area with vinyl siding and pilings and asked the Board to reconsider the commission’s recommendation. When asked how many historic homes were on Sunset, Steve Blasingame of the Historic Preservation Commission stated that there was only one because the other areas were undeveloped at the time the ordinance was adopted. He said that the commission’s most contentious issue was the vinyl siding and that hardiboard siding was offered as an alternative. Alderman Cody said he could not understand the commission’s decision when the house next door had vinyl siding.
Motion by Cody, seconded by Gill, to issue a COA to Keith Dier at 1217 Sunset Ave. and allow him to construct his house using vinyl siding, solid concrete block piers, and an 18’ driveway as originally requested.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
At this time Mr. Blasingame read aloud a statement on behalf of the Historic Preservation Commission. He said that the commission’s decisions were based on the Ocean Springs Code and that the standard was neither un-American nor communistic, but was fair and designed to protect historic sites. He added that overturning commission decisions should be the exception and not the rule. He noted that the Board had overturned nearly all of the commission’s decisions when appealed by citizens. He reminded the Board that the commission’s decisions were consistent with the City code and guidelines and urged the Board to support historic preservation in Ocean Springs by supporting the well thought out determinations and interpretations of the Historic Preservation Commission. Alderman Jalanivich apologized to the commission for making remarks about it being communistic. He said that he would rephrase his remarks to say that sometimes the decisions were very un-American and referred to their recommendation on the Dier COA as an example.
(Dudte Invoice – Youth Corps Grant)
Motion by Cody, seconded by McDonnell, to pay the invoice from Joshua Dudte in the amount of $1,120.00 for services related to the Urban Youth Corps Grant Program.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
(Brierley Resignation)
Motion by Cody, seconded by Carvin, to
accept the resignation of Planning Clerk Lou Brierley, effective
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by McDonnell, seconded by Gill, to allow Aldermen Dalgo and Cody to sit down with the City Planner, City Clerk and HR Director to see if there is a workable plan for a shared administrative help.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman Dalgo said that the Board had been waiting for over a year for a citywide time and attendance policy to be written and asked when it would be complete. The HR Director said that she had met several times with the department heads to critique it and tweak it, and had sent it back to the City Attorney for his opinion. She said she had received the City Attorney’s opinion and would have the policy ready for the Board by the first of next week. Alderman Dalgo said he understood that the department heads’ input was vital, but reminded her that the policy should be representative of what she thought was best for the city in terms of time and attendance as HR Director/Risk Manager.
The sports complex update was removed from the agenda until further notice.
Alderman McDonnell asked about the status of the walking track. Mayor Pro Tem Jalanivich said that the engineering plans were ready, but they were waiting on the architect to complete the plans for the bridge and restrooms. The Parks and Recreation Director said that they had just decided on fixtures and would have it to the engineer this week. He added that the base bid would include a 1/3 mile track and the restroom facility would be bid as an alternate. Alderman McDonnell asked Carl Germany if he had been able to incorporate any of the lighting elements from the existing track and he replied that he had. Alderman Gill asked him to check into the feasibility of the power company installing new lighting. The Parks Director asked who would be responsible for maintenance of the track and was told the issue would have to be discussed.
Alderman Dalgo, on behalf of the Finance Committee, brought the Board up to date on the status of the budget. He said that the committee had been tasked with two things: (1) to shore up the FYE 2003 ending cash balance and (2) to work on the FYE 2004 budget. He stated that through working with the department heads, the $800,000.00 anticipated ending cash balance for FYE 2003 had been increased to $1.2 million. He said that having a balanced budget for FYE 2004 was not an issue, but that the projected ending cash balance was not where it should be and asked for another budget work session with the full Board. The City Clerk said that she would like to hold the public hearing on the FYE 2004 budget at the Recess Meeting in August and adopt it at the September 2nd meeting in order to avoid calling a special meeting. A work session was scheduled for 6:00 p.m. on July 16, 2003.
The City Planner reported that work was in progress at 3601 Knapp Rd. and recommended no action be taken at this time to have it cleaned. The Board concurred.
The City Clerk reported that the issue with Highland Park water service had been resolved. Mr. Wrigley had agreed to a $6,000.00 deposit, leaving a credit balance of $11,958.00 to be placed on his account. The Board was satisfied with the resolution.
All appointments were held over until the next meeting.
Alderman Jalanivich reported that the request of the Walter Anderson Museum of Art for $20,000.00 in community promotion funds had been placed on the agenda in error and asked that it be removed.
Motion by Dalgo, seconded by Carvin, to remove the request of the Walter Anderson Museum of Art for $20,000.00 in community promotion funds.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Alderman McDonnell asked Betty Magee for an update on the Mary C. O’Keefe Cultural Center. Ms. Magee said that the first event was scheduled for September 5, 2003, and that the grand opening would last the entire month. She stated that they would cover different themes for each week of the month, i.e., classical with opera and symphony, Broadway, film, and The Walter Anderson Players, with possibly a 5th week. She said there was a possibility they could make funds to finish the theatre/stage project. She added that they were very pleased with the way it was running and that Architect Carl Germany had done an excellent job on the facility. Alderman McDonnell said that a meeting with the Friends of Mary C. O’Keefe and the architect was going to take place on Friday to determine how much is needed to open the building for a functioning multi-purpose theatre, how much equipment has not yet been purchased and how much money is left. He stated that the City Planner had reported a balance of $80,000.00, but some necessary equipment had not yet been purchased.
Motion by Cody, seconded by McDonnell, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss potential litigation and personnel.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation and personnel.
The Board began the Executive Session at 7:20 p.m. and was joined by the City Attorney, City Clerk and Public Works Director. The City Attorney and City Clerk left the session at 7:50 p.m. and were called back in at 8:00 p.m. The session ended at 8:05 p.m.
Motion by Cody, seconded by Carvin, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The Public Works Director asked for permission to extend the sewer line up Ocean Springs Rd. approximately 200’ or less in the area of Dick Chiles’ home
Motion by Cody, seconded by Gill, to extend the sewer line up Ocean Springs Rd. approximately 200’ or less in the area of Dick Chiles’ home.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Dalgo, seconded by Cody, to reschedule the public hearings regarding capital improvement projects at times conducive to when the consulting firm can be present to facilitate the meetings.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
The City Clerk was to contact the consulting firm for a schedule of when they would be available and forward the information to the Board.
Motion by Gill, seconded by Dalgo, that the Mayor contact Joe Lusteck and ask him to report at the next regular Board meeting.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
Motion by Cody, seconded by Carvin, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Lloyd
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date