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.
At this time Mayor Ainsworth read aloud the following
proclamation proclaiming the week of
(Boating Proclamation)
Mayor Ainsworth then read aloud the following proclamation
proclaiming the week of
(Goodwill Proclamation)
Next, Mayor Ainsworth read aloud the following proclamation
proclaiming the week of
(PW Proclamation)
At this time Mayor Ainsworth opened the public hearing regarding the $250,000.00 CAP Loan application for the Mary C. O’Keefe Cultural Center. The City Planner and City Clerk reported that they had not received any comments, either written or oral, regarding the proposed loan. After having received no comments from the audience, Mayor Ainsworth declared the hearing closed.
(CAP Loan Letter)
Motion by Gill, seconded by Jalanivich, to authorize the Mayor to sign and submit a CAP Loan application for the amount of $250,000.00 to the Mississippi Development Authority for improvements to the Mary C. O’Keefe Cultural Center for Arts and Education.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
City
Clerk:
a)
Approve Minutes of Regular Meeting of
b)
Approve Minutes of Special Call Meeting of
c)
Approve Minutes of Recess Meeting of
d) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
e) Accept Action Report
f) Adopt FYE 2003 budget amendments as presented by City Clerk:
(Budget Amendments)
g) Release $10,000.00 budgeted in FYE 2003 for Boys and Girls Clubs of Jackson County:
(Boys & Girls Clubs Funding)
h) Accept proposal from Municipal Code Corporation for codification of 2001 and 2002 ordinances (Ocean Springs Code - $1,323.00; Zoning Code - $1,512.00):
(Municipal Code Proposal)
i) Accept job description for Field Supervisor and authorize lateral transfer for Donna Laumeister from Meter Reading Supervisor to Field Supervisor; accept amended job description for Meter Reader and authorize City Clerk to begin process to fill the position:
(Field Supervisor/Meter Reader Job Descriptions – Laumeister Transfer)
j) Amend name of Water Reserve Fund to CAP Water/Sewer Maintenance Reserve Fund:
(CAP Fund)
k) Authorize City Clerk to amend budget to transfer $10,000.00 from General Fund Ending Cash Balance to Fund 305 (Mary C. O’Keefe Building) regarding 1999 O’Keefe Foundation donation:
(Budget Amendment - Mary C. O’Keefe)
Police Dept.:
l) Accept Police Reserve Report for March 2003
m)
Accept resignation of Dispatcher Carol Morris, effective
(Morris Resignation)
City
Engineer:
n) Approve Pay Request No. 3 from Compliance EnviroSystems, LLC ($190,887.90) regarding Sanitary Sewer System Evaluation Survey:
(EnviroSystems Invoice)
Public Works:
o) Approve transfer of personnel as follows: Billy Wayne Toche from Water to Street; Johnny Groue from Street to Water; Bill Cox from Street to Sewer:
(Personnel Transfer Memo)
p)
Place Robert Bang on full-time status effective
(Bang Probation Letter)
q)
Allow Gerald Groue and Danny Spicer to attend Water
Operator Course at
r) Allow MDOT to connect to City sewer line east of Hwy 57 at their expense, under guidance and inspection of Public Works:
(MDOT sewer connection)
s)
Spread preliminary cost estimate for water/sewer service
to property north of
(Water/Sewer Service Estimate)
t) Hire Aubrey J. Seymour, Jr. as Street Dept. Laborer at Band 2/Step 7 ($9.87 hr.), contingent upon successful completion of all pre-employment requirements:
(
Community Development & Planning:
u) Allow City Planner to begin process to fill Community Development Clerk position as requested:
(Community Development Clerk Letter)
v) Accept MDOT 2003 Urban Youth Corp Program Grant ($35,000.00) for maintenance and improvement of greenspaces around the city and authorize Mayor to execute General Agreement:
(Youth Corps Grant)
w)
Hire Joshue J. Dudte as Urban Youth Corp Program
Supervisor ($20.00 hr.) beginning approximately
(Dudte Hire Letter)
Community Development & Planning
(cont.)
x) Pay invoice from McGlinchey Stafford, PLLC ($275.00) regarding Capital Improvements Revolving Loan Program review:
(McGlinchey Stafford, PLLC Invoice)
y) Approve Application for Payment No. 12 from Fletcher Construction Co., Inc. ($107,431.70) regarding Mary C. O’Keefe Cultural Center and pay with funds from City and funding agencies as available:
(Fletcher Invoice)
z) Allow temporary location of manufactured building at Camellia Pointe Development for period not exceeding 1 year for purpose of sales promotions for proposed condominiums/townhouses:
(Camellia Pointe trailer)
aa) Refund
$50.00 variance application fee to Jennifer Wright, as no variance was needed at
(Wright Refund)
City
Attorney:
bb) Pay City Attorney’s bill for April 2003 ($3,812.50)
Miscellaneous:
cc) Pay
invoice from Joe Gill Consulting, LLC ($1,650.00) for professional lobbying
services rendered from
(Gill Invoice)
dd) Accept Mayor’s recommendation to remove item 2002/06/04-2 from Action Report (Handicap Accessible Sidewalks):
(Mayor’s Letter re: Action Report)
ee) Adopt Park Commission FYE 2003 budget amendment:
(Park Commission Budget Amendment)
Items a, k, t, aa, and cc were removed from the Consent Agenda for further consideration.
Motion by Gill, seconded by Dalgo, to approve the Consent Agenda, excluding items a, k, t, aa, and cc.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
The City Clerk reported that no action was necessary regarding item k of the Consent Agenda, as the 1999 O’Keefe Foundation donation had already been transferred to the Mary C. O’Keefe Cultural Center account.
At this time discussion was held regarding item a of the Consent Agenda. Alderman Dalgo asked the City Clerk about her instructions for publication of Ordinance No. 10-2003 (Annexation Ordinance). She reported that she had received instructions to begin publishing the ordinance on May 7, 2003. Alderman Dalgo wanted to withhold advertising Ordinance No. 10-2003 until the Board had time to discuss how they would move forward with the annexation. Alderman McDonnell asked the City Attorney if postponing the advertisement would put the City in any type of time trap or delay. He replied that he thought the ordinance had to be published within 30 days from the date of adoption. He suggested the Board consider a motion that the ordinance not be advertised unless otherwise required by law. Alderman Dalgo did not want to change his motion and noted that the 30-day period had already expired, as the ordinance was adopted on April 1, 2003. The City Attorney stated that the Board might have voted on that date, but that it was not necessarily the running of the statute because the vote did not become effective until the minutes were approved. He said that it could be argued that the Board did not approve the minutes until tonight. The Board agreed to hold a Special Call meeting on the issue if necessary.
Motion by Dalgo, seconded by Gill, to approve the minutes of the Regular Meeting of April 1, 2003, and to withhold advertising Ordinance No. 10-2003 until further notice.
VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Dalgo and Gill
VOTING NAY Alderman McDonnell
ABSENT AND NOT VOTING Alderman Carvin
Motion by Gill, seconded by Lloyd, to remove item k from the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
At this time discussion was held regarding item t of the Consent Agenda. Alderman Jalanivich said that he had removed item t because Aubrey Seymour was his nephew and wanted to abstain from taking any action. He added that he was not aware Mr. Seymour was applying for a position with the City. The Public Works Director stated that he was also not aware until after his recommendation for employment that Mr. Seymour was related to Alderman Jalanivich.
Motion by Dalgo, seconded by McDonnell, to approve item t of the Consent Agenda.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Dalgo and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Carvin
The Public Works Director read aloud the following letter and asked that it be spread upon the minutes. He noted that although the letter implied that her assistance was his idea, Ms. Laumeister had actually approached him and volunteered to help. He added that the letter was written to convey to the City Clerk how much he appreciated what Ms. Laumeister had done.
(Laumeister Letter)
(Resolution – Interlocal Governmental Agreement w/Jackson County – Government St. Sidewalks - $47,500.00 funding)
Motion by Dalgo, seconded by Gill, to approve the Interlocal Governmental Agreement with Jackson County regarding $47,500.00 funding for construction of sidewalks along Government St. from Stark Bayou Subdivision to Heron Bayou Subdivision and to adopt the above and foregoing Resolution.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
The Mayor noted that there was approximately $24,500.00 remaining of the $100,000.00 pledged from the Jackson County Board of Supervisors. Alderman McDonnell said that Supervisor Leach had indicated his willingness to participate in the boat ramp project at the fishing bridge and noted that the City already had tidelands funds to be used toward the project. He suggested that $20,000.00 of the remaining Jackson County funds be spent toward the project and that the $4,500.00 balance be added to the signage project at Hwy 57 and Washington Ave.
Motion by McDonnell, seconded by Jalanivich, to designate $20,000.00 of the remaining Jackson County funds to the boat ramp project at the fishing bridge, with the remaining $4,500.00 added to the plans for city signage at Hwy 57 and Washington Ave., but not to release any of the $4,500.00 until the signage plans have been brought to the Board for final approval.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Motion by Lloyd, seconded by Gill, to authorize the City Engineer to develop preliminary plans for the boat ramp project at the fishing bridge.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
The Public Works Director reported that the situation on Walnut Dr. had been resolved and that the fence had been removed.
At this time discussion was held regarding item aa of the Consent Agenda. The City Planner asked that Jennifer Wright be refunded the $15.00 building permit fee as well as the $50.00 variance application fee.
Motion by Jalanivich, seconded by Dalgo, to refund the $50.00 variance application fee and the $15.00 building permit fee to Jennifer Wright at 5 Lakeview Dr.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
(Change Order No. 4 – Mary C. O’Keefe Cultural Center)
Motion by Jalanivich, seconded by Gill, to approve Change Order No. 4 for the Mary C. O’Keefe Cultural Center in the amount of $116,795.00.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
(Budget Amendment - Mary C. O’Keefe Cultural Center)
Motion by Dalgo, seconded by Gill, to adopt the budget amendment regarding the Mary C. O’Keefe Cultural Center as presented by the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
(10% Budget Order)
Motion by Jalanivich, seconded by Cody, to adopt the Order Amending FYE 2003 Budget Appropriations and publish the notice as required to advertise those items exceeding 10% of the originally adopted budget.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Alderman Lloyd told the Board that a Senior Prom for senior citizens was being held and that they had requested the City place a $100.00 in their prom program.
Motion by Lloyd, seconded by Jalanivich, to purchase a $100.00 ad in the Senior Prom program and amend the budget to transfer the money from the Ward 1 account to the community promotion account.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Alderman Gill recused himself at this time.
At this time item cc of the Consent Agenda was taken up for consideration.
Motion by Jalanivich, seconded by Lloyd, to approve item cc of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Gill
ABSENT AND NOT VOTING Alderman Carvin
(Police Dept. Training/Travel Memo)
Motion by Jalanivich, seconded by Dalgo, to approve training and travel for Jason Byrd and Sean Blevins as outlined in the Police Chief’s memo dated May 5, 2003.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Mayor Ainsworth reported that he had received the permit from the Coast Guard for the Shearwater Bridge project and that Tony Parnell Construction had been sent a notice to proceed. He added that the contractor had two weeks to reply to the notice.
(HOSA Letter – Shearwater Bridge Party Fundraiser)
A member of HOSA gave details of the proposed fundraiser and asked that they be allowed to hold the event from 5:00 p.m. until 8:00 p.m.
Motion by McDonnell, seconded by Gill, to accept the proposal from HOSA for the Shearwater Bridge fundraiser and allow them to conduct the event as requested.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Dr. Lang of the Gulf Coast Symphony presented the following letter requesting $2,500.00 in community promotion funds for the 2nd annual “Sounds by the Sea” concert. Dr. Lang said that the Symphony had send out proposals to the cities to host the concert, but that Pascagoula had responded with the highest contribution, $7,000.00.
(Gulf Coast Symphony – Request for $2,500.00 Community Promotion Funds)
Alderman McDonnell asked that the Gulf Coast Symphony reciprocate by performing at the opening of the Mary C. O’Keefe Cultural Center. Natalie Robohm, Executive Director of the Symphony, said that they would be there, but could not commit to a full orchestra due to certain limitations.
Motion by McDonnell, seconded by Gill, to provide $2,500.00 in community promotion funds to the Gulf Coast Symphony for the 2nd annual “Sounds by the Sea” concert to be held on May 25, 2003, at the Beach Park in Pascagoula and to amend the budget to transfer the funds from the ending cash balance to the community promotion account.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
C. L. Harvey spoke on behalf of the Submarine Veterans and told the Board that they had surpassed the $10,000.00 budget that was needed for the memorial. He asked that the City contribute funds for ancillary purposes and travel expenses for the remaining survivors of the USS Tullibee. Alderman Jalanivich felt that the City had contributed to the project by supplying a home for the memorial, as well as grounds maintenance and upkeep. Alderman McDonnell felt that the Chamber could possibly assist with lodging needs and wanted to wait one more month before committing funds; Mr. Harvey was receptive.
Alderman Gill reported that the cost estimate for widening Riley Rd. was $1.5 million. He told the Board that the road presented a hazard because there was very little shoulder. The City Planner added that no development was being allowed in the area until the drainage was improved. Alderman Gill suggested that he and Alderman Jalanivich review the estimate and report back with a revised cost.
Citizen appointments to the Hazard Mitigation Council were held over until the next meeting.
Rachel Nilsen presented the following information on the proposed Youth Walk for Promiss to be held on June 7, 2003, and requested the City’s support of the event.
(Promiss Letter)
She stated that the purpose of Promiss was to help prevent unplanned pregnancy in women and teens by teaching abstinence education. The walk was to consist of approximately 50 people in groups of 5 with 1 adult chaperone, and would begin at the Little Children’s Park, extending down Washington Ave. to Government St., and then back up to the park. The Police Chief offered to assist with the event by providing some police officers on bicycles as escorts.
Motion by Gill, seconded by Lloyd, to allow Promiss to hold a youth walk on June 7, 2003, and spread the documents upon the minutes, and to authorize the Police Chief to provide the necessary personnel to assist them.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Katie L. Burge was not present to address the “Gulf to Gulf” event she was proposing.
Veries C. Metz addressed the Board on behalf of the Parktown Civic Association and Parktown residents. He complained of a water moccasin in the drainage ditch at Groveland and Glacier and that the ditch needed cleaning due to growth and standing water. He also stated that the large drainage ditch in Parktown and the drainage ditch behind his house at 122 Gettysburg needed cleaning in order to drain properly. He complained that mud, dirt, tires, tree limbs, etc. had been placed on his property after it had been cleaned last year and had never been removed. Mr. Metz also stated that the sewer drain at the corner of Gettysburg and Groveland needed cleaning because it took an 11/2 hours for the water to go down after a rain. The Public Works Director told Mr. Metz that there was no easement to the ditch behind his house except the main concrete east/west ditch and that he needed access through his property to clean the ditch and debris. Mr. Metz agreed to allow Public Works to bring trucks and the mini rubber-tired excavator through his property to the easement. The Public Works Director explained to Mr. Metz that the large ditch that dissects Parktown from Hwy 90 to behind Yosemite had been cleaned on occasion, but that there was no drainage due to the low elevation. Alderman Gill noted that the ditch has silted in over the years and would not allow the big concrete ditch to flow. He told Mr. Metz that the ditch had been placed on the major drainage list for capital improvements, which the Board had to vote on to find the money to repair. He stated that he had talked to the Public Works Director about providing temporary relief, but the problem was that their equipment was too small for the size of the ditch. The Public Works Director said that he had used a backhoe and dump truck to clean the ditch just two months ago. Mayor Ainsworth asked that the Public Works Director get with Mr. Metz to work out the issue of debris in his yard.
Alderman Jalanivich complained that there was no one to answer the phone in the Building Dept. when the clerk was away from her desk. The City Planner stated that the issue had been resolved, as the phone system has been programmed for the line to ring over into the Planning Dept. if unanswered after a certain number of rings. He stated that filling the vacant Community Development Clerk position would also help in solving problem.
Vickie and Keith Rhodes outlined plans for the Boys and Girls Clubs fundraiser, “Viva Gulf Hills,” to be held on May 15, 2003 at the Gulf Hills Resort and invited City officials and the public to attend at a cost of $25.00 per person.
Attorney Dean Wilson presented the following information regarding wetlands permits and the Ocean Springs recreation property.
(Wilson Document)
Mr. Wilson suggested that the DMR and Corp of Engineers should not be subjecting the City to the wetlands permitting process because the recreation property and wetlands on the property were isolated, non-navigable, non-jurisdictional wetlands. He suggested an Executive Session with the Board to discuss the issue further.
Motion by Jalanivich, 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 Carvin
Motion by Cody, seconded by Jalanivich, to go into Executive Session to discuss potential litigation concerning the sports complex property, litigation concerning annexation, and possible 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 potential litigation concerning the sports complex property, litigation concerning annexation, and possible land acquisition.
The Board went into Executive Session with the City Attorney at approximately 8:00 p.m. Dean Wilson joined them from 8:10 p.m. until 8:55 p.m. The City Attorney left the session at 9:20 p.m. and the Executive Session concluded at 9:35 p.m.
Motion by Dalgo, seconded by McDonnell, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
Motion by Dalgo, seconded by McDonnell, to recess until 6:00 p.m. on May 20, 2003.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Carvin
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date