RECESS MEETING OF MAY 20, 2003

 

 

A Recess 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 May 20, 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.

 

Barry Brupbacher, Project Manager for the CSX railroad relocation project for MDOT, gave the Board a overview of the project and provided the following information on the study being done by DMJM+Harris.

 

(Railroad Relocation Study Documents)

 

Terry Breland of the Fort Maurepas Commission outlined preliminary plans for a street dance party to be held on Front Beach on the 4th of July.  He said that Front Beach Dr. would need to be closed for the event from the Seamen’s Memorial to the Ocean Springs Seafood property.  Several members of the Board expressed concerned regarding traffic and parking issues.  The Mayor, Aldermen Jalanivich and McDonnell, the Police Chief and the Fire Chief were to meet next week with the commission to work out the issues.

 

Motion by Gill, seconded by Jalanivich, to approve the concept of the Dancing in the Street 4th of July Celebration proposed by the Fort Maurepas Commission.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Consent Agenda

 

City Clerk:

a)      Approve Minutes of Regular Meeting of May 6, 2003

b)      Accept Action Report

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

(Docket Summary)

d)      Adopt budget amendment for Summer Youth Employment Program approved May 6, 2003:

(Budget Amendment)

        Police Dept.:

e)      Allow Karen George to attend Basic 40 Hour APCO Course in Pascagoula on June 9-13, 2003, and pay $195.00 registration, and all other reasonable and actual expenses

f)        Place Barbara Molden on full time status as of May 8, 2003:

(Molden Probation Memo)

        Fire Dept.:

g)      Allow Adam Rose to attend the Fire Service Instructor 1041-I course on September 29-October 3, 2003, pay $235.00 fee, and all other reasonable and actual expenses

h)      Allow Paul Baker to attend Fire Apparatus Driver/Operator course on either June 9-20, 2003 or September 8-19, 2003, pay $490.00 fee, and all other reasonable and actual expenses

i)        Allow Kevin Sharpe to attend CPR Instructor class at Fountainbleau Fire Station on June 2, 2003, pay $75.00 fee, and all other reasonable and actual expenses

j)        Place Anthony D. Johnson on full time status on June 14, 2003:

(Johnson Probation Memo)

k)      Authorize the Fire Chief/Civil Defense Director to participate and apply for a Domestic Preparedness Homeland Security Grant ($14,500.00) to purchase small tools and equipment for both the Police and Fire Departments, and allow City Clerk to amend budget:

(Homeland Security Grant Letter)

        City Engineer:

l)        Approve Pay Request No. 3 from B&B Electrical and Utility Contractors, Inc. ($32,097.00) regarding Holcomb Blvd. & U.S. Hwy 90 Improvements, STP-9069-0(002):

(B&B Invoice)

m)    Approve Final Summary Change Order for the Eagle Point and Quave Road Sewer project ($2,448.30) regarding the David Bayou Wastewater Improvements, CIAP Project No. MS 30.07:

(Eagle Point Change Order)

n)      Approve Pay Request No. 3 from SCI, Inc. ($66,572.99) regarding DWSIRLF #DWI-H280035-02 Contract “B” Water Main:

(SCI Invoice)

        Public Works:

o)      Allow John Russell to attend Water & Wastewater Training session in Biloxi on June 10-12, 2003, and pay $70.00 registration

p)      Accept Jonathan Baum’s recommendation to allow National Resource Conservation Service to conduct a class on Section 6 (hydrology) of the Erosion, Sediment and Stormwater, and approve meeting room for July 24-25, 2003:

(Class Letter)

q)      Hire Roy R. Franklin as Street Dept. Laborer (in place of Aubrey J. Seymour, Jr.) at Band 2/Step 7 ($9.87), effective May 21, 2003 (contingent upon successful completion of all pre-employment requirements):

(Franklin Hire Letter)

r)       Pay invoice from Graham Construction Co., Inc. ($29,406.60) regarding sewer repairs on Eastland Blvd.:

(Graham Invoice)

        Community Development & Planning:

s)       Accept Monthly Permit Summary Report for April 2003

t)        Allow David Hawkins to attend Building Officials Association of Mississippi Annual Conference in Bay St. Louis on June 10-14, 2003, pay $95.00 fee, and all other reasonable and actual expenses

u)      Allow the City Planner to attend Smart Growth Conference in Fairhope, Alabama on May 21-23, 2003, and pay all reasonable and actual expenses

v)      Pay invoice from Shur-Lock Homes ($1,163.67) for lot cleaning at 131 Lafayette Drive, and adjudicate cost against property:

(Shur-Lock Homes Invoice)

w)    Accept Historic Preservation Commission’s recommendations with regard to the following  Certificates of Appropriateness:

1.      1011 Iberville Drive – Mary Brennan:

(Brennan COA)

2.      501 Rayburn Avenue – Jeanne Aljabai:

(Aljabai COA)

3.      1101 Iberville Drive – Linda Darphin:

(Darphin COA)

4.      1111 Iberville Drive – Joe Garrard (information available at Tuesday meeting):

(Garrard COA)

x)      Accept Planning Commission’s recommendations with regard to the following:

1.            Indian Springs (Iberville Landing):

(Indian Springs Documents)

2.            Brumbaugh Place Subdivision – Sketch Plat approval:

(Brumbaugh Place Documents)

 

Motion by McDonnell, seconded by Jalanivich, to approve the Consent Agenda as presented.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Department Reports

 

City Clerk

 

Alderman Dalgo reported that the City of D’Iberville had contracted with a company to review their sales tax receipts and discovered they were being short changed by about $40,000.00-$50,000.00 per month.  He questioned whether or not Ocean Springs was receiving all of the sales tax it was entitled to and wanted additional information on the company retained by the City of D’Iberville.  The City Attorney told the Board that about 6 yeas ago Ocean Springs had joined with 18 other municipalities in the state and instituted a lawsuit against the State Tax Commission because of diversion of sales taxes.  He added that subsequently the state legislature passed a law saying that if there was such a diversion, you could not file suit against them; the State Supreme Court upheld their position and the lawsuit was thrown out.  He did not believe the City could do anything other than to ask or try to employ professionals to check.

 

Motion by Dalgo, seconded by Jalanivich, to authorize the City Clerk to contact the City Manager or City Clerk of D’Iberville to determine who they contracted with to review their sales tax receipts and to report back to the Board with the outcome from their city and all other pertinent information.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Alderman Gill asked that the budget planning process for the FYE 2004 Budget begin earlier this year due to the number of projects and the amount of money borrowed.  The Board agreed to schedule a work session on the issue in June 2003.

 

Police Dept.

 

(Street Striping Recommendation)

 

Motion by McDonnell, seconded by Dalgo, to implement the recommendation of the Police Dept. regarding traffic improvements for the intersection of Jackson Ave. and Porter Ave.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

City Engineer

 

(Coastal Piping Invoice)

 

Motion by Dalgo, seconded by Gill, to approve Pay Request No. 3 from Coastal Piping, Inc. in the amount of $29,701.83 regarding Davis Bayou Wastewater Improvements, CIAP Project No. MS 30.07; to temporarily transfer funds from the sewer fund to pay the invoice and authorize the City Clerk to prepare the necessary budget amendment; and to instruct the City Planner to contact Jan Buttross of DEQ to assist with expediting the CIAP funding process.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Public Works

 

(Taranto Letter)

 

Motion by Gill, seconded by Dalgo, to run water to the landscaped entrance areas in Baywood Subdivision at Baywood Dr./Deena Rd. and at Groveland Rd./Deena Rd.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Community Development & Planning

 

(Lot Cleaning Letter – 3601 Knapp Rd.)

 

Alderman Jalanivich asked that the aldermen review the property at 3601 Knapp Rd. before taking action.  The item was held over until the next meeting.

 

City Attorney

 

Motion by Dalgo, seconded by Jalanivich, to authorize the City Planner to contact Gulf Regional Planning Commission or a professional engineering firm to perform the necessary traffic study in Promenade Subdivision and provide a recommendation for appropriate speed limits to the Board.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Mayor

 

Mayor Ainsworth announced that demolition and construction on the new Shearwater Bridge was scheduled to begin next week.

 

Old Business

 

Park Superintendent Damian McKay reported that he had the preliminary contracts for the prospective recreation property for review and would bring them before the Board at the next meeting if possible.

 

At this time Damian McKay and Architect Carl Germany gave a presentation on the proposed Civic Center walking track and presented the following design for the Board’s review. 

 

(Walking Track)

 

Alderman Gill suggested additional parking be created to prevent parking problems during events at the Civic Center.  It was suggested that the restroom facility be moved from the back to a location closer to the Mississippi Vietnam Veterans Memorial.  Mr. McKay and Mr. Germany were to incorporate the proposed changes and report back at the next meeting with the design.

 

(Appointments – Hazard Mitigation Council)

 

Motion by Jalanivich, seconded by Cody, to accept the Building Official’s recommendation to appoint Jack Taylor, David LaPointe, Brad Lemon and George Ramseur as citizen appointees to the Hazard Mitigation Council.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

New Business

 

Samuel Tucker and Chandra Nicholson of the Fort Maurepas Commission presented the following proposed ordinance for the Board’s consideration.

 

(Proposed Fort Maurepas Commission Ordinance)

 

Motion by McDonnell, seconded by Jalanivich, to authorize the City Attorney to review the proposed ordinance, make the necessary revisions and report back to the Board.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Motion by Jalanivich, seconded by Cody, to authorize Public Works to move the statue of D’Iberville from the Civic Center to Fort Maurepas at a site approved by the Fort Maurepas Commission.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Brian Lake, Executive Director of the American Cancer Society gave a presentation on the upcoming Relay for Life event in Ocean Springs and presented the following documents.  The event was scheduled for July 25, 2003 at Greyhound Stadium and he wanted the City to participate in the event.

 

(Relay for Life Documents)

 

Motion by Gill, seconded by Jalanivich, to support the American Cancer Society’s Relay for Life event and provide to $1,000.00 in community promotion funds and authorize the City Clerk to make the necessary budget amendment.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Joe Gill addressed the Board regarding tidelands appropriations.  He reported that of the allotted $3,765,350.00 tidelands funds, Jackson County had received $1,385,000.00 of which $125,000.00 had been received by the City of Ocean Springs.  He stated that the deadline for submitting applications for new tidelands funds was July 1, 2003.  Projects discussed by the Board for consideration were: phase II of the fishing bridge project; walking piers behind Fort Maurepas; and refurbishing of the Davis Bayou bridge with additional parking.  The Board agreed to prioritize the projects after receiving a cost estimate from the City Engineer.

 

Motion by Jalanivich, seconded by Dalgo, to authorize Moran, Seymour and Associates to work with Joe Gill, LLC to determine the approximate cost of the proposed tidelands fund projects.

 

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Gill

ABSENT AND NOT VOTING Alderman Carvin

 

Alderman Dalgo stated that there was a 3-mile stretch of Government St. with no stop signs, and after speaking with the Police Chief, suggested placing stop signs in several locations to facilitate traffic flow onto Government.  Alderman Cody was concerned the proposed stop signs at Hunter and Government would create a bottleneck; the Police Chief felt it might ease traffic congestion.

 

Motion by Dalgo, seconded by Jalanivich, to authorize the City Attorney to draft an amendment to the stop sign ordinance to erect stop signs in the following locations:  a 4-way stop at Knapp Rd. and Government St. at the Magnolia Bayou Entrance; a 4-way stop at Promenade, Stark Bayou and Government; a 3-way stop at Pittman Rd. and Government; and a 3-way stop at Hunter and Government.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Audience Request

 

Cheri Hanemann of 305 Front Beach Dr. asked if the Dancing in the Street 4th of July Celebration proposed by the Fort Maurepas Commission was a fundraiser for Fort Maurepas.  Mrs. Hanemann was told that plans for the event were not yet finalized.  She asked if this event would replace the paintball event.  Damian McKay told her no, that the paintball event was still in the planning stages.  Mrs. Hanemann also asked about the $250,000.00 tidelands funds requested for acquisition of property.  Alderman McDonnell explained that the request was originally on the tidelands funds project list until the property was acquired and rezoned.

 

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

ABSENT AND NOT VOTING Alderman Carvin

 

Motion by Dalgo, seconded by Jalanivich, to go into Executive Session to discuss personnel in the City Clerk’s office and the Fire Dept., potential litigation and potential land acquisition.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss personnel in the City Clerk’s office and the Fire Dept., potential litigation and potential land acquisition.

 

The Board began the executive session at approximately 8:15 p.m. and was joined by the City Attorney and City Clerk.  The City Clerk left at approximately 8:35 p.m. and the Fire Chief joined them until 9:00 p.m..  The Fire Chief and City Attorney left the executive session and 9:05 p.m. and Park Superintendent Damian McKay joined the Board.  The executive session ended at 9:40 p.m.

 

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

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Motion by Cody, seconded by McDonnell, to accept the City Clerk’s recommendation to accept the verbal resignation of Jackie Tabb, effective 5:00 p.m. on May 20, 2003, and authorize the City Clerk to begin the process to fill the vacancy.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Motion by Cody, seconded by Gill, to begin the process to select and promote qualified applicants from within the Fire Dept. to the position of Deputy Fire Chief.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

Motion by Cody, seconded by Dalgo, to adjourn.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

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                        Date                                                                              Date