REGULAR MEETING OF JUNE 3, 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 June 3, 2003, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Carvin was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Consent Agenda

City Clerk:

a) Approve Minutes of Special Call Meeting of May 12, 2003

b) Approve Minutes of Recess Meeting of May 20, 2003

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

(Docket Summary)

d) Accept Action Report

e) Accept resignation of Water Office Supervisor Catherine Howell, effective July 11, 2003, and authorize City Clerk to begin process to fill the position:

(Howell Resignation)

f) Hire James W. Evans as Meter Reader at Band 2/Step 2 ($8.66 hr.) and Jeffrey F. Steele as Clerk (temporary – 90 days as outlined) at Band 2/Step 1 ($8.27 hr.) in the Water/Sewer Administration Office, effective June 4, 2003, and contingent upon successful completion of all pre-employment requirements:

(Evans & Steele Hire Letter)

g) Approve Releases of Property regarding Lots 342 and 606 West Ocean Beach Estates, and Lot 582 West Ocean Beach Estates, First Addition, and authorize Mayor to sign said releases:

(Property Releases)

Police Dept.:

h) Accept Police Report for April 2003

i) Accept Police Reserve Report for April 2003

j) Hire Katina Ashley as Dispatcher at Band 3/Step 3 ($10.23 hr.), upon successful completion of all pre-employment requirements:

(Ashley Hire Letter)

Fire Dept.:

k) Allow Fire Chief and Capt. Patrick Williams to attend MCDEMA Annual Conference and MEMA Annual Workshop in Bay St. Louis on June 8-11, 2003, prepay $45.00 registration fee each and pay all other reasonable and actual expenses

Public Works:

l) Place Jessie Wells on full-time status as Sewer Dept. Supervisor and move him to Band 7/Step 3 ($17.00 hr.):

(Wells Probation Memo)

m) Ratify emergency purchase of two new sewer pumps for Lift Station No. 58 (Bienville Place Subdivision) and temporary use of emergency bypass pump at total cost of $15,834.00:

(Emergency Purchase)

n) Pay invoice from Graham Construction Co., Inc. ($14,659.20) regarding sewer repairs on Eastland Blvd. (EPA Grant):

(Graham Invoice - $14,659.20)

o) Pay invoice from Graham Construction Co., Inc. ($2,698.40 - retainage) regarding sewer rehab on Hwy 90 Water Extension Project:

(Graham Invoice - $2,698.40)

p) Pay invoice from Graham Construction Co., Inc. ($2,245.00 - retainage) regarding sewer rehab at Blockbuster Video:

(Graham Invoice - $2,245.00)

q) Authorize Public Works Director and City Attorney to investigate request of Liqui-Chem for shallow well at Sunplex Industrial Park and report back to Board:

(Liqui-Chem Letter)

r) Approve 1-year extension of lawn care maintenance contract with Maintain, LLC (original contract expires July 17, 2003):

(Maintain LLC contract extension)

s) Pay invoice from Frank Dunaway, Civil Engineer ($12,090.00) for engineering services regarding Governor’s Highway Safety Program Grant:

(Dunaway Invoice)

t) Pay invoices from Compton Engineering, P.A. regarding State Transportation Projects (STP): Government St. Overlay - $10,812.50; Hwy 90 Street Lighting - $920.00; Widening of Government St. and Holcomb Blvd. - $5,103.00:

(Compton Invoice)

Community Development & Planning:

u) Adopt Resolution Assessing Lot Cleaning Cost regarding 131 Lafayette Circle:

(Lot Cleaning Resolution)

Risk Manager/HR Director:

v) Accept resignation of HR Clerk Michelle Rushing, effective May 27, 2003, and authorize Risk Manager/HR Director to begin process to fill vacancy:

(Rushing Resignation)

w) Allow Risk Manager/HR Director to budget for a new vehicle in FYE 2004 budget:

(Vehicle Memo)

Items c, d and w were removed from the Consent Agenda for further consideration.

Motion by Cody, seconded by Gill, to approve the Consent Agenda, excluding items c, d and w.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Department Reports

City Clerk

(FYE 2003 Budget Amendments)

Motion by Dalgo, seconded by Jalanivich, to adopt the budget amendment for FYE 2003 as presented by the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Cody, seconded by McDonnell, to transfer $3,393.00 to the professional services category in the General Fund for annexation.

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

VOTING NAY Aldermen Dalgo

ABSENT AND NOT VOTING Alderman Carvin

Motion by Cody, seconded by Gill, to increase the Civil Service supplies budget from $300.00 to $1,000.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item c of the Consent Agenda. Alderman Lloyd reminded the Board that they were still waiting on annexation materials from Joe Lusteck and he was not willing to the invoice until the materials had been received.

Motion by McDonnell, seconded by Jalanivich, to hold all future payments to Joe Lusteck until the Board has seen what work he has done so far.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Jalanivich, seconded by Lloyd, to pay the docket of claims, with the exception of the claim from Joseph A. Lusteck & Associates in the amount of $1,973.50.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item d of the Consent Agenda. Alderman Dalgo addressed item no. 2000/08/01-3 of the Action Report. He was concerned that the City had not begun the redistricting process as required by law and did not want to postpone the issue any longer.

Motion by Dalgo, seconded by Gill, to contact Gulf Regional Planning Commission for the purposes of drawing new ward lines as required by state law.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Mayor Ainsworth asked that the City Planner contact Gulf Regional Planning Commission to begin the redistricting process.

Motion by Dalgo, seconded by Jalanivich, to accept the Action Report.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

The City Clerk submitted the following report regarding sales tax collections and was told to proceed with the investigation as outlined.

(Sales Tax Collection Report)

City Engineer

Joe Gill presented the following preliminary cost estimates prepared by the City Engineer for the proposed tidelands funds projects.

(Cost Estimates)

Mr. Gill recommended accomplishing the Highway 90 boat ramp project and the Fort Maurepas pier project in two phases due to the cost. Alderman Jalanivich wanted the Board to consider another area, but needed to speak with the individuals first. The issue was held over until the next meeting.

Public Works

(Road Overlay)

Motion by Jalanivich, seconded by Gill, to extract the money needed for milling and road overlay of Conner, Sheppard and Hargrove from the Ward 4 road and bridge monies and make the necessary repairs.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Mayor Ainsworth temporarily left the meeting at this time. Mayor Pro Tem Jalanivich assumed chair of the meeting and did not vote on any following matters unless otherwise indicated.

(East Beach Widening/Walking Track)

Motion by McDonnell, seconded by Gill, to pass the East Beach widening/walking trail project to the files.

VOTING AYE Aldermen McDonnell, Cody, Dalgo and Gill

VOTING NAY Alderman Lloyd

ABSENT AND NOT VOTING Alderman Carvin

Motion by McDonnell, seconded by Gill, to allow the Public Works Director to add any streets he deems necessary to Jackson County’s Four Year Road Plan.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Dalgo, seconded by Gill, to authorize the Public Works Director to enter into discussions with County Road Manager Joe O’Neal to see if any funds are available for paving within the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Community Development & Planning

The City Planner introduced Jason Swaggart, the new Asst. City Planner, to the Board.

(Sylvia Bosco – Stop Work Order at 509 Front Beach Dr.)

Sylvia Bosco addressed the Board regarding a stop work order that had been issued at 509 Front Beach Dr. She said she needed to add a wheelchair ramp and front porch to the house to make it more accessible for her mother. She said that the Historic Preservation Commission had suggested they be added to the rear of the home. She stated that she was going to put the project on hold, however Hurricane Isidore and Tropical Storm Lillie had caused roof damage and she needed to do the work at that time. She said that there was a front porch on the house years ago, but that it was renovated into a room, and now wanted to add a porch back to the front.

Motion by Cody, seconded by Gill, to lift the stop work order at 509 Front Beach Dr. and issue a permit for the work.

At this time discussion was held regarding the motion. The City Planner told the Board that it was suggested to Ms. Bosco that she hire an architect or designer that could possibly show what she wanted to do to the front of the house so the Board may vote on it. She did not want to do so at that time and said she would just go forward with additions to the rear. The Historic Preservation Commission approved her COA for some renovations to the rear of the home. He stated that the Building Dept. observed work being done to the front of the house in April 2003, without a COA and without a building permit, and subsequently issued a stop work order. He added that Ms. Bosco had not presented any plans to his department for the project and that the work was in conflict with the Historic Preservation Ordinance. Historic Preservation Commissioner Larry Galle, speaking as a concerned citizen, felt she should be allowed to construct the front porch because a front porch had existed at one time. After much discussion the question was called and the vote was as follows:

VOTING AYE Aldermen Cody, Dalgo and Gill

VOTING NAY Aldermen Lloyd and McDonnell

ABSENT AND NOT VOTING Alderman Carvin

Ms. Bosco was instructed to provide a copy of the project plans to the City Planner.

Motion by Dalgo, seconded by Cody, to enter Ms. Bosco’s final plans as it’s going to be built into the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Lloyd, seconded by Dalgo, to hold for two weeks the lot cleaning process regarding 3601 Knapp Rd.

VOTING AYE ALL

VOTING NAY NONE

NOT VOTING AND ABSENT Alderman Carvin

Risk Manager/HR Director

At this time discussion was held regarding item w of the Consent Agenda. Alderman Lloyd felt the request of the Risk Manger/HR Director for a new vehicle should be handled during FYE 2004 budget discussions. No action was taken on the issue.

Old Business

Park Superintendent Damian McKay gave an update on the walking track project proposed for the Civic Center. He said he was told that MDOT would not allow three entrances to the property, which would eliminate an entrance directly to the parking area. He said that the Park Commission had voted to go forward with an asphalt track with hopes that in the future a rubberized surface could be placed over the asphalt. He said the project would be bid as a 1/3 mile track with alternates for a 1/2 mile track and restroom facilities to ensure they did not exceed the $100,000.00 budgeted. Alderman Lloyd suggested requesting additional funds from the hospital if the 1/3 mile track exceeded $100,000.00, since that was the size of the hospital track. He also asked that the project be bid with an alternate for a rubberized surface over the asphalt.

Motion by Dalgo, seconded by Gill, to contact Singing River EPA to conduct a lighting study on Hanshaw Road behind the house located at 4002 Belle Terre Court.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

(Sports Complex Recommendation)

Damian McKay introduced King Dobbins of the Ocean Springs Tennis Committee. Mr. Dobbins asked that the Board move forward with the recreational facilities proposed for Groveland Rd. and put in some much needed tennis courts and modern recreational facilities. He offered his committee’s assistance with obtaining a grant from the United States Tennis Association. Angie Goutman, Kim Summers and several other members of the audience spoke in favor of the Groveland Rd. project, citing problems with the current lack of sufficient facilities for basketball, soccer and other recreational activities.

Doug Denehie felt the facilities planned for the Groveland Rd. site would not be sufficient to meet all of the recreation needs and wanted the City to wait for the permits to be issued at the original Hwy 57 site and spend the money there to develop a sports complex. Alderman Jalanivich said that he felt a permit to develop about 75 acres of the Hwy 57 property would be issued within about four months.

Mayor Ainsworth returned at this time and assumed chair of the meeting. Alderman Jalanivich voted on all of the following issues as indicated.

Tim Tarranto spoke in opposition to the Groveland Rd. site on behalf of Baywood Subdivision residents and expressed their concerns regarding increased traffic, noise and bright lights.

Mr. McKay felt that the full 124 acres at Hwy 57 would never be permitted for the original sports complex plans. He asked that the Board accept the contracts for the Groveland Rd. property at a cost of $1 million and the Lemon property at a cost of $175,000.00, and approve a no-protest bond issue in the amount of $7 million. He also asked that the Park Commission be given the authority to address the DMR, as some of the Groveland Rd. property was considered wetlands. He felt there would not be a problem obtaining the necessary permits because the property had already been permitted for residential development.

The City Attorney stated that he had not reviewed the contracts for the purchase of the property since the recent changes had been made, and that he and the Park Commission attorney, Chuck Bordis, had some concerns that should be addressed. He stated that the Lemon contract had been diminished from what Mr. Bordis had recommended. Alderman Cody suggested that the two attorneys meet to review the contract and then call a special meeting if necessary.

Motion by Lloyd, seconded by Cody, to pursue the contracts for purchase of the proposed recreation property and, on the advice of the City Attorney, come back to the Board once the contracts are ratified and execute them.

At this time discussion was held on the motion. Alderman McDonnell asked how the Board intended to pay for the property. Alderman Lloyd said that he wanted to borrow the money to buy the land and bring a referendum for the $6 million dollars to the people for a vote. He suggested if the bond issue failed, the city could still put soccer fields on the property. Alderman Jalanivich noted that there were other needs such as a public safety complex and infrastructure improvements. Alderman Lloyd said he wanted the recreation bond issue to stand on its own and not be included with the other needed projects. Alderman McDonnell wanted the city to identify how much money was needed, how could it could afford to borrow and how it would be borrowed. He was against a no-protest bond issue and wanted the issue presented to the public in the form of a referendum. Alderman Dalgo reminded the Board that the people have a choice in a no-protest bond issue through means of a petition calling for a referendum. After much discussion on the motion, the question was called, said vote being as follows:

VOTING AYE Aldermen Lloyd, Cody, Dalgo and Gill

VOTING NAY Alderman McDonnell

VOTING ABSTAINED Alderman Jalanivich*

ABSENT AND NOT VOTING Alderman Carvin

(Park Commission Resolution)

Motion by Dalgo, seconded by Jalanivich, to approve the recreation facility project as presented by the Park Commission and issue a no-protest general obligation bond in the amount of $6 million to fund the project, predicated upon the fact that all language in the contract is acceptable to both attorneys; to spread the Park Commission resolution upon the minutes; and that the total scope of the project not exceed $7 million.

VOTING AYE Aldermen Jalanivich, Cody, Dalgo and Gill

VOTING NAY Aldermen Lloyd and McDonnell

ABSENT AND NOT VOTING Alderman Carvin

Alderman Jalanivich said that he had intended to abstain from voting on the motion to pursue the contracts for the purchase of the Groveland Rd. property due to a conflict and asked that he be allowed to change his vote. The Board was agreeable.

*Motion by Jalanivich, seconded by Dalgo, to allow Alderman Jalanivich to change his vote on the motion to pursue the contracts for the Groveland Rd. property from “aye” to “abstained.”

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

The Police Chief reminded the Board that plans had been underway for a much needed public safety facility and hoped the Board would take that into consideration when deciding which projects to pursue with a bond issue.

Audience Request

George Conwill asked how many Board meetings Alderman Carvin had missed and was told four. He suggested the Board to censure him or sanction him publicly that his behavior as an Alderman was not correct.

Doug Denehie stated that the city seriously needed recreation, but felt it would be spending more money than it should to develop facilities at the Groveland Rd. site. He said he would not protest if the Board could come up with a way to provide all of the recreation facilities needed for the same amount of money as the original plan for the Hwy 57 property.

Motion by Cody, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Dalgo, seconded by Jalanivich, to go into Executive Session to discuss personnel regarding the Fire Department and Human Resource Department.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

The Board went into Executive Session at approximately 8:50 p.m. and was joined by the Fire Chief. The Fire Chief left at 8:55 p.m. The Executive Session concluded at approximately 9:00 p.m.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Gill, seconded by Dalgo, to promote Rick Harris and Mathew Bigelow to the rank of Lieutenant 3^rd Class at an annual salary of $32,000.00 and place them on six months promotional probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Jalanivich, seconded by Gill, to promote Pat Williams to the rank of Deputy Fire Chief with the annual salary of $38,000.00 at $14.66 an hour and place him on six months promotional probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

(Bid Award Memo)

Motion by Jalanivich, seconded by Cody, to award the bid for a Thermal Imaging Camera for the Fire Dept. to Sunbelt Fire in the amount of $12,485.00, and include option 1 for wireless transmission in the amount of $2,950.00, option 2 for the Truck Mount System in the amount of $350.00 and option 4 for the Glare Shield in the amount of $80.00, for a total cost of $15,865.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by McDonnell, seconded by Jalanivich, to recess until 6:00 p.m. on June 17, 2003.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

______________________________ _____________________________

City Clerk Mayor

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