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.
Mayor Ainsworth announced that he had declared the month of April 2003 as Child Abuse Prevention Month in the City of Ocean Springs and that a proclamation would be given to the Center for the Prevention of Child Abuse. A representative of the center was present and presented the City with a blue ribbon to be displayed at City Hall.
Mayor Ainsworth expressed his appreciation for the Ocean Springs High School Choir and Mary Elizabeth Sawyer, Principal Robert Hirsch, and Reverend Andy Wells for the concert held at the First Presbyterian Church dedicated to the men and women serving in the military.
Mayor Ainsworth announced that an Ocean Springs Prayer Rally
for the troops would be held on
At this time Ret. Master Sgt. Freddie Pervine presented the
following letter and announced that a support rally for the troops would be held
at
(Pervine’s Letter)
Motion by Jalanivich, seconded by Cody, to
support the request to be host of the Troops Support Rally to be held at
VOTING AYE ALL
VOTING NAY NONE
At this time Park Superintendent Damian McKay and Architect
Carl Germany addressed the Board regarding the restroom facilities proposed for
the Little Children’s Park. Mr.
(Restroom Pavilion concerns/solutions)
Motion by McDonnell, seconded by Dalgo, to support the concept of the restroom pavilion at the Little Children’s Park as submitted by Damian McKay and accept the document that spells out the concerns and solutions, and to request Public Works to provide as much in-kind services as possible to help defray costs.
VOTING AYE ALL
VOTING NAY NONE
When asked about the status of a walking track, Mr. McKay
replied that the Park Commission was waiting on the money from Singing River
Hospital Systems before designing a plan for the track proposed for the
City
Clerk:
a)
Approve Minutes of Recess Meeting of
b) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
c) Accept Action Report
d)
Allow Karen Adams to attend 2003 Municipal Clerk
Certification Program, Spring Session Phase III-I, in
Police Dept.:
e) Accept forfeiture property for Police Dept. and add to inventory: 1993 Honda Civic, VIN#1HGEJ1262PL040763:
(Forfeited Vehicle Letter)
f)
Allow Ptn. Sean Blevins to attend Accident
Reconstruction Level I – On Scene Traffic Homicide Investigation in
g) Allow Dispatcher Caren Depreo to attend 2003 Mississippi 911 Telecommunicators Conference in Raymond, MS, on April 6-8, 2003, prepay $200.00 reimbursable registration fee and pay all other reasonable and actual expenses
h)
Place Dispatcher Karen George on full-time status as of
(George Probation Memo)
Fire
Dept.:
i) Accept Fire Report for February 2003
j)
Authorize Fire Chief to apply for $95,000.00
(FEMA Grant Letter)
k) Allow Fire Lt. Terry Webb and Police Capt. Lionel Cothern to attend MS Fire Investigators Association Spring Seminar in Ocean Springs, prepay $75.00 registration fee and pay all other reasonable and actual expenses
l) Authorize City Clerk to advertise for bids for thermal imaging camera and accessories for Fire Dept.:
(Fire Dept. Items)
m) Accept donation of 1975 Pierce International Mini-Pumper, serial no. E0350EHB36220, from Ocean Springs Volunteer Fire Co.:
(Fire Truck Donation Letter)
City
Engineer:
n) Approve Pay Request No. 3 ($33,627.70 – final) from Vice Construction Co., Inc. regarding Fort Bayou Boat Ramp Improvements:
(Vice Invoice)
o) Approve Pay Request No. 2 ($75,696.60) from Coastal Piping, Inc. regarding Davis Bayou Wastewater Improvements, CIAP Project No.MS.07:
(Coast Piping Invoice)
Public Works:
p) Accept Selection Committee’s recommendation to award engineering proposal for Surface Transportation Program Fund projects to Compton Engineering:
(Engineering Proposal)
q)
Pay invoice from Graham Construction Co., Inc.
($3,148.20) regarding sewer repairs at
(Graham Invoice)
r) Pay invoice from Graham Construction Co., Inc. ($3,306.60) regarding sewer repairs at 1010 Government St.:
(Graham Invoice)
Community Development & Planning:
s) Reimburse Terry Agar $106.50 for purchase of six work shirts:
(Agar Reimbursement)
City
Attorney:
t) Pay bills from Dogan & Wilkinson, PLLC, for legal services rendered February 2003 regarding Lydell White v. City of Ocean Springs ($840.62) and William M. Lyon v. City of Ocean Springs ($664.99):
(Dogan & Wilkinson bills)
u) Pay bill from Freilich, Leitner & Carlisle ($3,410.47) for legal services rendered regarding HBA of MS v. Mayor & Board of Aldermen:
(Freilich, Leitner & Carlisle bills – impact fees litigation)
Items e and o were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Carvin, to approve the Consent Agenda, excluding items e and o.
VOTING AYE ALL
VOTING NAY NONE
At this time item o of the Consent Agenda was taken up for consideration. The City Clerk reported that CIAP funding had not yet been received for the Davis Bayou Wastewater Improvements Project. She suggested temporarily transferring the necessary funds from the sewer fund to the special projects fund to pay the current invoice ($75,696.60) and a previously approved invoice ($78,897.92), and then repaying the sewer fund once the CIAP funds are received.
Motion by Dalgo, seconded by Carvin, to transfer $154,594.52 from the sewer fund to the special projects fund regarding the Davis Bayou Wastewater Improvements project and repay the sewer fund upon receipt of CIAP funds, and to pay the invoice from Coastal Piping, Inc. in the amount of $75,696.60.
VOTING AYE ALL
VOTING NAY NONE
Police Dept.
At this time item e of the Consent Agenda was taken up for consideration. The Police reported that there was a $500.00 lien on the forfeited vehicle and asked for authority to pay the lien with asset forfeiture funds so the Police Dept. could take title to it.
Motion by Dalgo, seconded by Cody, to approve item e of the Consent Agenda and pay off the $500.00 lien with asset forfeiture funds.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich asked the Police Dept. to increase patrols on Front Beach with regard to bottles. He also asked the Police and Fire Depts. to monitor bonfires more closely.
Alderman Dalgo felt that the 25-mph speed limit in Promenade Subdivision was too high due to the large oak tree in the median and the brick fence around it and suggested the speed limit be reduced. The City Attorney advised that an engineering traffic study was required before a change in the speed limit could be made.
Motion by Dalgo, seconded by McDonnell, to do the required engineering traffic study in Promenade Subdivision to determine if the speed limit can be reduced.
VOTING AYE ALL
VOTING NAY NONE
Alderman Carvin asked that traffic patrols be increased on Davidson due to speeding problems. The Police Chief replied that the traffic division had been in the area monitoring the situation.
Alderman McDonnell asked that the Police Chief and City Planner review the intersection of Jackson and Porter and report back to the Board with a recommendation for striping, better visibility at night and signage.
Alderman Gill reported that the Police Chief and Fire Chief had discussions with Architect Buzzy Bolton concerning the possibility of renovating/converting the current police station into a fire station once the new police station is built on the east end of town. Mr. Bolton told the Board that the building could be converted into a fire station with 2 bays and a 1-way exit on Dewey Ave., and that the courtroom could be converted into additional office space for other city offices and file rooms. The estimated project cost was $180,000.00-$240,000.00 and would double the size of City Hall. Alderman McDonnell suggested an area be set aside for a police substation also.
Motion by Gill, seconded by Jalanivich, to add $240,000.00 to the $3 million public safety building on the capital improvements list for renovation/conversion of the existing police station into a fire station with room for additional city offices and a police substation.
VOTING AYE ALL
VOTING NAY NONE
The Fire Chief and Public Works Director reported that they had reviewed the volunteer fire hall and discovered cracks in the building from the slab to the roofline. They suggested a structural engineer evaluate the building.
Fire Dept.
The Fire Chief stated that he had changed his mind and asked that he be allowed to attend the National Hurricane Conference in New Orleans on April 14-18, 2003.
Motion by Cody, seconded by Jalanivich, to allow the Fire Chief to attend the National Hurricane Conference in New Orleans on April 14-18, 2003, and to prepay the registration fee and pay all other reasonable and actual expenses.
VOTING AYE ALL
VOTING NAY NONE
The Fire Chief noted that the middle school principal, Greg Denyer, manned the hurricane shelter for the city and asked that he be allowed to attend the conference also with the city paying his expenses. There was an issue of legality since Mr. Denyer was not a city official or an employee.
Motion by Jalanivich, seconded by Cody, to allow Greg Denyer to attend the National Hurricane Conference in New Orleans on April 14-18, 2003, and to prepay the registration fee and pay all other reasonable and actual expenses, if legal.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to designate Greg Denyer as the civil defense hurricane shelter coordinator for the City at the middle school.
VOTING AYE ALL
VOTING NAY NONE
(Hanley Road Intersection Improvements)
Motion by Dalgo, seconded by Jalanivich, to award the base bid with all alternates for the Hanley Road Intersection Improvements to SCI, Inc. in the total amount of $247,666.23 and to instruct the City Clerk to prepare a budget amendment in the amount of $248,000.00.
VOTING AYE ALL
VOTING NAY NONE
(Sidewalk Estimate – Promenade to Heron Bayou)
Motion by Dalgo, seconded by Jalanivich, to authorize the City Clerk to advertise for bids for sidewalk construction in Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Jalanivich, to approve the sidewalk construction project on Government St. from the Promenade entrance to Heron Bayou at an estimated cost of $117,431.00 and to fund the project as follows: $30,000.00 each from Aldermen Dalgo’s and Jalanivich’s ward funds; $2,000.00 from each of the remaining 5 wards; $15,000.00 committed by Supervisor John McKay, contingent upon the receipt of theses county funds; and $32,439.00 from the $100,000.00 funds committed by Jackson County.
VOTING AYE ALL
VOTING NAY NONE
The City Engineer reported that the Eagle Point/Eagle Nest sewer project was 90% complete. He was waiting on receipt of the traffic signal poles for the Holcomb/Government crossover project. He stated that the Government St. water line improvement project still needed a water connection at Pine and Swetman, but was 90% complete. He anticipated paving on the repaired area to begin by the end of the week.
Alderman Jalanivich reported a failure on the side road to the trailer park on the north side of Government St. between Pine and Bechtel. He stated it was losing roadway and asked the City Engineer and Public Works Director to review the problem and place barrels out in the morning.
Alderman Gill reported that the DMR and approved an additional $100,000.00 in tidelands funds for extension of the Fort Bayou pier out to the bayou, with a pavilion on the end of it. He added that the DMR had plans to put a fishing reef in the area.
Motion by Gill, seconded by Dalgo, to authorize the City Engineer to perform the engineering for the Fort Bayou pier extension project and provide the necessary plans and specifications.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to allow Joe Gill, LLC, to work with the City Engineer and apply for the necessary wetlands permit for the project.
VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING NAY NONE
VOTING ABSTAINED Alderman Gill
Motion by Gill, seconded by Dalgo, to authorize the City Engineer to develop a cost estimate for the widening of Riley Rd.
VOTING AYE ALL
VOTING NAY NONE
Dalgo asked that the Promenade/Heron Bayou sidewalk project be removed from the capital improvements list since the project was being funded from the general fund.
(Memo – Additional Hires)
Motion by Carvin, seconded by Gill, to allow the Public Works Director to hire two additional employees for the Street Dept. and one for the Sewer Dept.
VOTING AYE ALL
VOTING NAY NONE
The Public Works Director was asked to report back at the next meeting with a recommendation concerning the work schedule and/or need for additional overtime.
Motion by Dalgo, seconded by Jalanivich, to authorize Public Works to remove the water meters from the common areas of every subdivision in town.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth opened the lot cleaning hearing regarding 509 Magnolia Ave. The City Clerk reported that she had not received any written communication from the property owner concerning the property. Neither the property owner nor a representative was present for the hearing. Mayor Ainsworth declared the hearing closed. The matter was held over until the next meeting.
Mayor Ainsworth gave an update on the Shearwater Bridge project. He said that Shae NcNeese of Batson & Brown Engineering had advised him that the Coast Guard’s general project manager had recommended approval to his supervisor, the supervisor had approved it and had forwarded it to the commander with a rush order for his signature.
(Mary C. O’Keefe Cultural Center Usage Guidelines)
Mayor Ainsworth recommended that he, the City Planner and one alderman meet with the Friends of Mary C. O’Keefe to discuss the guidelines. Alderman McDonnell stressed that the facility was just a few months away from opening to the public and that someone was needed to attract events. He asked that any comments and concerns be addressed immediately.
Alderman Dalgo asked if the Planning Dept. could relocate to an office in the building and possibly utilize some of the new recreation impact fees there. Mrs. Magee and Larry Cosper stated that they did not want to see the facility turned into a multipurpose building. They added that the sister building in Meridian had been renovated for an arts and education center also, but other types of uses were added and the facility was never utilized for what it was designed. Architect Carl Germany stated that there were two rooms available behind the new elevator that were not very conducive to instruction which would function better in an office-type capacity. He said that would leave 7 rooms on the 2nd floor and 6 rooms on bottom floor for cultural uses. Mrs. Magee said the issue was mute, as none of the classrooms were going to be available because they still had to raise another $1 million to finish them. Mr. Cosper said that they were tapped out as far as they could go, as the Mississippi Arts Commission had already given the City grants totaling $170,000.00. He added that the facility needed management to bring in resources and outside funding.
Alderman McDonnell asked if there was an opportunity for the City to come back at a later time to work out an agreement should the City need temporary office space until the Planning Dept. can get relocated into a new space. Mrs. Magee gave an affirmative response. He stressed to the Board that the facility needed to be getting business tomorrow if it was going to open in 3 months, as certain types of events could not be planned and executed in less than 90 days.
Motion by Jalanivich, seconded by McDonnell, to adopt the Resolution providing for the operation and maintenance of the Mary C. O’Keefe Cultural Center for Arts and Education, along with its attachments, with the knowledge that the City has an escape clause, and that the interested parties meet to work out their concerns and any outstanding issues.
Additional discussion was held regarding the motion. Alderman Jalanivich said he had understood that the facility would be self-supporting. He asked at what time the City would stop paying the $1,500.00 monthly management fee. Mrs. Magee said that she could not give a date, but that they had to have financial help to get off the ground. She said that once they were established and had been in the facility for 2 years, they could get funding from the Mississippi Arts Commission, but they had to keep a certain amount of money in their treasury.
Alderman Lloyd asked about their parking requirements, maintenance of the grounds, and payment of their telephone expenses. Mrs. Magee said that parking was an issue during school hours and that the City would be responsible for grounds maintenance. Alderman Lloyd suggested that the City add $100.00 to their monthly management fee in lieu of paying their telephone expense; Mrs. Magee was receptive.
The City Clerk commended the Friends of Mary C. O’Keefe for their contribution to the project, and she commended City Planner Donovan Scruggs for making the applications and receiving all of the grant and CAP loan funds. She explained that impact fees could only be used for growth-related items, questioned whether or not the building would be open at least 40 hours per week, and expressed concern about the City’s ability to maintain insurance on the facility, since it must be occupied to qualify. Mrs. Magee said that they had planned on running movies at night when there were no other activities scheduled and hoped the facility would be run both day and night. Mrs. Howell asked the City Attorney if the Friends would be required to follow state purchasing laws and city purchasing guidelines, since it was a city-owned facility. The City Attorney replied that the Friends could not incur any debt whatsoever in behalf of the City, nor cause any lien to be placed on the property. He added that whatever they bought would be theirs and they would have to pay for it. After hearing all comments, Mayor Ainsworth called for the question, said vote being as follows.
VOTING AYE ALL
VOTING NAY NONE
(Evergreen Cemetery Retaining Wall)
The City Engineer suggested that the funds for the project could be recouped by establishing the price for each gravesite at $1,000.00 each.
Motion by Cody, seconded by Gill, to authorize the City Clerk to amend the budget to take $58,210.00 from the ending cash balance to pay for the Evergreen Cemetery Retaining Wall project and to authorize the City Engineer to issue a notice to proceed to the contractor.
VOTING AYE ALL
VOTING NAY NONE
Motion by Lloyd, seconded by Carvin, to appoint Larry Galle to the Historic Preservation Commission to fill the unexpired term of Kim Beaugez.
VOTING AYE ALL
VOTING NAY NONE
The remaining appointment to the Historic Preservation Commission was held over until the next meeting. The appointments to the Fort Maurepas Commission and terms of office for the commissioners were also held over.
Alderman Gill noted that the City had received a letter from Supervisor Leach asking what the City’s participation would be in the request for a Hwy 90 median crossover for the Eastside Church of Christ. After some discussion about safety and the limited number of crossovers allowed by MDOT, the following motion was made.
Motion by Cody, seconded by McDonnell, to direct the Police Chief to perform a traffic study on Hwy 90 in the area of Eastside Church of Christ and report back to the Board with a recommendation.
VOTING AYE ALL
VOTING NAY NONE
Frank McCathran of Havard Rd. asked for an update on the Government St. sewer. Mayor Ainsworth advised that a letter had been sent to the DEQ and he was waiting for a response. Mr. McCathran also asked when the Hanley Rd. intersection work would begin and was told 2-3 weeks. He said that he wanted a referendum on issuing bonds for proposed capital improvements.
Van Arnold of 5824 Cedar Rd. asked how much money taxpayers would be required to pay if the City issued $12 million in general obligation bonds. A cost was not available yet, as the capital improvements list was still being revised and a specific dollar amount had not been decided upon. Alderman Dalgo suggested the City consider a non-binding referendum on the matter.
Glen Miller of Dewey Ave. expressed concern that the restrooms proposed for the Little Children’s park would be a nuisance or cause an odor problem. He was given a copy of the list of concerns/solutions submitted earlier by the Park Commission.
Motion by Carvin, seconded by McDonnell, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Alderman Jalanivich was not present for the Closed Session.
Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss matters in litigation, i.e., annexation, White v. City of Ocean Springs, Lyons v. City of Ocean Springs; and personnel in the Fire, Police and Human Resources departments.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Jalanivich
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss matters in litigation, i.e., annexation, White v. City of Ocean Springs, Lyons v. City of Ocean Springs; and personnel in the Fire, Police and Human Resources departments.
The Board began the Executive Session at 8:55 p.m. and was joined by the City Attorney and Attorney Jerry Wallace, who remained in the session until 9:40 p.m. The Fire Chief and Alderman Jalanivich joined the Board at 9:45 p.m. and remained until the Executive Session ended at 9:50 p.m.
Motion by McDonnell, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Carvin, to hire Attorney John Banahan to represent the City of Ocean Springs regarding White v. City of Ocean Springs and Lyons v. City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Dalgo, to promote Nathan Wilson and Jeff Ponson to Captain in the Fire Dept., effective immediately.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by Carvin, to change the status of part-time Human Resources Clerk Michelle Rushing to full-time.
VOTING AYE ALL
VOTING NAY NONE
Motion by Carvin, seconded by Gill, to appeal the decision in Jackson County Chancery Cause No. 2002-2215.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
ORDINANCE NO. 10 – 2003
AN ORDINANCE ENLARGING AND EXTENDING
THE CORPORATE BOUNDARIES OF THE
CITY OF OCEAN SPRINGS, JACKSON COUNTY,
MISSISSIPPI; SPECIFYING THE MUNICIPAL
OR PUBLIC SERVICES TO BE RENDERED THEREIN, THE
PLANNING AND ZONING SERVICES TO BE PROVIDED
THEREFOR AND THE IMPROVEMENTS TO BE MADE IN THE
ANNEXED TERRITORY; AND, FOR OTHER
PURPOSES GERMANE THERETO
Motion by Gill, seconded by Carvin, to adopt the above and foregoing Ordinance.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill
VOTING NAY Alderman Jalanivich
Motion by Dalgo, seconded by Carvin, to recess until 6:00 p.m. on April 15, 2003.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
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Date Date