REGULAR MEETING OF OCTOBER 7, 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 October 7, 2003, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and Deputy City Clerk Diane Northrop. Alderman McDonnell was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Consent Agenda

City Clerk:

a) Approve Minutes of Recess Meeting of September 15, 2003

b) Approve Minutes of Special Call Meeting of September 16, 2003

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

(Docket Summary)

d) Accept Action Report

e) Accept Municipal Compliance Questionnaire for FYE 2003:

(Municipal Compliance Questionnaire)

f) Authorize payment to Friends of Mary C. O’Keefe ($1,600.00) for September 2003 management services at Mary C. O’Keefe Cultural Center:

(Friends Payments)

g) Accept resignation of Meter Reader James W. Evans, effective October 16, 2003, and authorize Deputy City Clerk to begin process to fill vacancy:

(Evans Resignation)

Police Dept.:

h) Accept Police Report for August 2003

Fire Dept.:

i) Authorize Fire Chief to begin process to fill vacancy of Fire Captain and Fire Lieutenant (when position is available):

(Fire Vacancies)

j) Allow Asst. Fire Chief Kevin Westbrook and Danna Shirley to attend Firehouse Software Class in Slidell, LA on October 21, 2003, prepay registration ($75.00 each) and pay all other reasonable and actual expenses

k) Allow Fire Investigator Terry Webb to attend Fire Investigator’s Association 2003 Fall Seminar in Vicksburg on November 5-7, 2003, prepay $75.00 registration and pay all other reasonable and actual expenses

City Engineer:

l) Pay invoices from Moran, Seymour & Associates totaling $27,843.40

Public Works:

m) Pay invoice from Graham Construction Co., Inc. ($352.00 – retainage) regarding sewer rehab work on 304 Hunter Dr.:

(Graham Invoice)

n) Pay invoice from Graham Construction Co., Inc. ($170.00 – retainage) regarding sewer rehab work on 116 Bryant St.:

(Graham Invoice)

o) Pay invoice from Graham Construction Co., Inc. ($161.60 – retainage) regarding sewer rehab work on 1305 Diller Rd.:

(Graham Invoice)

p) Pay invoice from Graham Construction Co., Inc. ($785.80 – retainage) regarding sewer rehab work on Lift Station No. 58 (Bienville Place Subdivision):

(Graham Invoice)

q) Pay invoice from Graham Construction Co., Inc. ($391.40 – retainage) regarding sewer rehab work on Lift Station No. 64 (Gulf Islands National Seashore):

(Graham Invoice)

r) Pay invoice from Graham Construction Co., Inc. ($804.80 – retainage) regarding sewer rehab work on Davidson and Stennis:

(Graham Invoice)

s) Pay invoice from Graham Construction Co., Inc. ($157.20 – retainage) regarding sewer rehab work at Porter and Dewey:

(Graham Invoice)

t) Amend grounds maintenance contract with Maintain, LLC to include care of 250 crepe myrtles at $55.00 per cut and Mary C. O’Keefe Cultural Center at $80.00 per cut:

(Maintain LLC Contract Amendment)

Community Development & Planning:

u) Accept Building Report for July 2003

v) Accept Building Report for August 2003

w) Begin lot cleaning process at 101 Colonial Dr. and schedule hearing for November 18, 2003:

(Lot Clean Letter)

x) Accept recommendation of City Planner, Public Works Director and Mayor for selection of Compton Engineering, P.A. for capacity analysis of water and sewer services for Ocean Springs Rd./Groveland Rd. area:

(Compton Letter)

y) Pay invoice from Fletcher Construction Co., Inc. (#17 - $152,919.37) regarding renovations related to Mary C. O’Keefe Cultural Center

Risk Manager/HR Director:

z) Accept recommendation to approve change to page H-1 of Employee Leave Policy:

(Leave Policy Change)

Miscellaneous:

aa) Authorize Ocean Springs Elks Lodge No. 2501 to hold Annual Elks Mardi Gras Parade on January 31, 2004 at 1:00 p.m. and close streets along parade route for the event:

(Elks Parade Letter)

bb) Pay invoice from Solutions, Inc. ($2,253.94) for professional services rendered regarding recreation complex property

cc) Enter into letter of agreement with Piltz, Williams, LaRosa & Co. to perform accounting services for City of Ocean Springs at cost estimated not to exceed $3,700.00:

(Mayor’s Letter)

Items c, l, t, y and bb were removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by Carvin, to approve the Consent Agenda, excluding items c, l, t, y and bb.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Department Reports

City Clerk

At this time discussion was held regarding item c of the Consent Agenda. Alderman Lloyd asked that the claim from Joseph A. Lusteck and Associates be held over until the next meeting.

Motion by Lloyd, seconded by Carvin, to pay the docket of claims, excluding the claim from Joseph A. Lusteck and Associates.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Police Dept.

Alderman Carvin asked if the Police Chief had reviewed the request for stop signs on Brumbaugh. The Police Chief reported that he and Capt. Harris had reviewed the matter, had some concerns due to the offset streets and did not advocate the signs. He said he would send some officers to the area to address the speeding problem and would put the radar trailer there after it was repaired.

City Engineer

The City Engineer reported an erosion problem in Evergreen Cemetery where the additional 62 lots were being developed. He said there was erosion between the walls where drainage runs between the roads. He asked that the Board approve a change order to the contract with M&D Construction Co., Inc. to do the work at a cost of $1,305.00. He reported that the total contract price was still less than anticipated due to some deducts.

(Change Order – Evergreen Cemetery Lots)

Motion by Lloyd, seconded by Cody, to approve the change order to the Evergreen Cemetery contract in the amount of $1,305.00 for erosion control.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

The City Engineer requested a work session with the Board concerning engineering projects.

Public Works

(Fence Invoices)

Motion by Jalanivich, seconded by Cody, to accept the Public Works Director’s recommendation to pay the invoice from Fence Company totaling $828.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

The Public Works Director reported that the tree in front of City Hall appeared to be in bad shape and suggested someone evaluate it and try to save it. The City Planner was asked to contact a professional to do the evaluation.

At this time item t of the Consent Agenda was taken up for consideration.

Alderman Jalanivich asked if the contract time was being extended or if additional work was just being added. The Public Works Director stated that additional work was being added to the contract and that he had planned on readvertising for proposals when the contract expired.

Alderman Jalanivich reported that the entire lawn at the Mary C. O’Keefe Cultural Center needed refurbishing after the construction and wanted to know if it was included in the contract with Fletcher Construction. The City Planner was asked to review the matter.

Motion by Jalanivich, seconded by Carvin, to approve item t of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Alderman Jalanivich reported there were several dips in the road on East Beach Dr. and asked if Public Works could do some overlay to fix them. The Public Works Director replied that the dips were due to box culverts and that he wanted to look at them before going further. Alderman Jalanivich suggested asking for assistance from Jackson County to do the repairs.

The Public Works Director reported that Shearwater Bridge was expected to open later in the week and that the only items outstanding were the permanent striping and decorative railings.

Alderman Jalanivich reported dips in the road at Shannon and Hanley Rd. on the north side near Pecan Park School. He said that several children and parents had already tripped and fallen. The Public Works Director said he would fix the area tomorrow.

Alderman Carvin reported dips in the road at the north end of Halstead where the sewer line had been repaired. The Public Works Director said that Mallette Brothers would be putting asphalt in the dips to smooth it over.

At this time discussion was held regarding item y of the Consent Agenda. Alderman Jalanivich asked that the invoice from Fletcher Construction be held until the Board had done a walk-through of the facility.

Motion by Jalanivich, seconded by Dalgo, to hold the invoice from Fletcher Construction until the Board had done a walk-through of the Mary C. O’Keefe Cultural Center.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Community Development & Planning

At this time Mayor Ainsworth opened the lot cleaning hearing regarding 1306 Churchill Dr. The City Planner and Deputy City Clerk reported that they had received no written communication from the property owner. Neither the owner nor a representative was present for the hearing.

Motion by Cody, seconded by Carvin, to close the lot cleaning hearing regarding 1306 Churchill Dr. and proceed to the next step in the lot cleaning process.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Alderman Jalanivich reported that the property on Government St. between Walnut and Hickory needed cleaning. The City Planner said that the Code Enforcement Officer would review the property and attempt to contact the owner.

Motion by Jalanivich, seconded by Cody, to authorize the City Planner to contact the owner of the property on Government St. between Walnut and Hickory and request they bushhog the property before an official lot cleaning process is started.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Tolar Documents – Request for Impact Fee Exemption)

Bruce Tolar expressed his frustration with the impact fees and said that the public’s perception was that the fees applied to new development only. He thought existing developments were grandfathered and believed any subdivision with Final Plat Approval prior to the subdivision moratorium would be exempt. Mr. Tolar felt that the cost of the impact fees was significant as they represented approximately 5% of the average cost of a home. He said he had no problem with impact fees being assessed to new developments, but did not agree with them being assessed to existing developments. Alderman Gill explained to Mr. Tolar that the money from impact fees was not going into the General Fund and that the City might have to raise its water and sewer rates due to the water and sewer extensions throughout town. The City Attorney reminded the Board of why it had adopted impact fees and said that it was not a question of cost, but who would pay the cost - a homeowner or a developer. Alderman Jalanivich said he felt the impact fees were highway robbery, a tax on the people and did not feel it was right to assess them. The City Planner pointed out that residential growth does not pay for itself and that the taxes collected by the city do not offset the expenditures required.

Motion by Lloyd, seconded by Carvin, to accept the City Planner’s recommendation to deny the request of Bruce Tolar for impact fee exemptions at 4 Mimosa Cove.

VOTING AYE Aldermen Lloyd, Cody, Carvin, Dalgo and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Alderman McDonnell

(Zuber Documents – Request for Impact Fee Exemption)

Mr. Zuber said he was not present to debate the issue of impact fees. He felt he would not be creating any additional burden on the city in terms of water, sewer or services at 500 Minor Lane because a house had previously been built on the property in 1955 and was later destroyed.

Motion by Lloyd, seconded by Gill, to deny the request of Barry Zuber for impact fee exemptions at 500 Minor Lane.

At this time discussion was held on the motion. The City Planner felt that the structure had been gone for such a long period of time, 30 or 40 years, that it did not represent a replacement structure. He reiterated that a replacement structure was exempt from impact fees if it was destroyed by an event such as a fire or hurricane. After hearing all discussion on the motion Mayor Ainsworth called the question, said vote being as follows:

VOTING AYE Aldermen Lloyd, Cody, Carvin, Dalgo and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Alderman McDonnell

(Walker COA – 243 Front Beach Dr.)

Motion by Cody, seconded by Lloyd, to issue a COA to Jan Walker for a masonry wall along the side yard at 243 Front Beach Dr. as recommended.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Carvin, seconded by Jalanivich, to allow the Building Official to attend the Association of Flood Plain Managers Conference in Bay St. Louis on October 15-17, 2003, prepay the $95.00 registration fee and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Lakeview Documents)

Motion by Gill, seconded by Carvin, to grant Final Plat Approval to Lakeview Subdivision, Phase IV, as recommended by the City Planner.

VOTING AYE Aldermen Lloyd, Cody, Carvin, Dalgo and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Alderman McDonnell

Alderman Lloyd asked about a traffic study on Cumberland Rd., as residents wanted to know what could be done to slow the traffic down. Alderman Cody suggested installing speed bumps, but Mr. Lloyd asked that the issue be studied.

Alderman Jalanivich asked about the bridge at Dee Mitchell’s property. The City Planner was asked to check with the Engineering Inspector for the result of his inspection.

The City Planner reported that Willis White had called and asked that his request concerning a COA for First Presbyterian Church be removed from the agenda. He also reported that Walter Bolton had not submitted the required forms for impact fee exemptions for the I’berville Landing Development and asked that the matter be tabled until the next meeting.

Risk Manager/HR Director

Alderman Jalanivich asked why the monitor for Fort Maurepas had not been moved from the Police Dept. to the Risk Manager’s office. The Risk Manager replied that she had been asked to put the matter on hold by the Mayor and Alderman Cody. Alderman Jalanivich wanted the monitor removed and reminded the Board that the alarm system would sound in the Police Dept. if there was a break-in. He said the purpose of the monitor was to have proof in court when an intruder was caught. The Police Chief said that no problems had been brought to his attention about the monitor being located in the police station. Alderman Cody asked that the matter be tabled until the next meeting.

City Attorney

The City Attorney mentioned that he wanted to meet with members of the Cemetery Committee to resolve the issue with the Russell/DiMio cemetery lots and make a recommendation to the Board. Alderman Cody told the Board that the committee needed to establish a value for the new lots developed in Evergreen Cemetery with assistance from the City Attorney and Deputy City Clerk and hoped to have a recommendation this week.

Mayor

Mayor Ainsworth reported that a group of businessmen in the shrimping industry had asked that the Board adopt a resolution expressing concern about the tremendous volume of shrimp being imported into the United States and the detrimental impact it was having on the domestic shrimping industry. Aldermen Lloyd and Jalanivich said they needed more time to study the issue.

Motion by Cody, seconded by Gill, to authorize the City Attorney to draft a resolution concerning the importing of shrimp.

VOTING AYE Aldermen Cody, Carvin, Dalgo and Gill

VOTING NAY Alderman Jalanivich

VOTING ABSTAINED Alderman Lloyd

ABSENT AND NOT VOTING Alderman McDonnell

The Board agreed to table item bb of the Consent Agenda until the next meeting.

Motion by Dalgo, seconded by Carvin, to request Singing River EPA to install a street light on Chaumont Circle in Bienville Place Subdivision and center it in the cul-de-sac by the lake.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Old Business

The cost estimate for Hastings Rd. repairs and the time and attendance policy for exempt personnel were held over until the next meeting.

The Deputy City Clerk advised the Board that there were no vacancies on the Election Commission.

Appointments to the Museum Commission and Taxi Board were held over until the next meeting.

Alderman Cody said he had spoken with Regina Hines and was told that she and several other people had a lot of items for a city museum. He suggested requesting a list of those items and renting a secured area to put them in until an area can been established for a general museum. Mayor Ainsworth thought that a room at the Mary C. O’Keefe Cultural Center might be available.

New Business

Alderman Jalanivich identified a maintenance problem at city hall wherein some of the windows were rotting at the bottom. He added that the exterior wood areas of city hall needed painting and that awnings were needed at the three side doors.

Motion by Jalanivich, seconded by Cody, to request proposals for repair of the windows, painting of the exterior wood, and awnings for the three door stoops at city hall.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Audience Request

Gloria Skillestad asked about the whereabouts of a 20 ft. long cypress log that she said was one of the pillars from the original Fort Maurepas, but no one present had any knowledge of the matter. She told the Board that the monitor at the fort was found disconnected on Saturday and had since been reconnected. She added that there was still a problem with vandalism at the fort.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss potential litigation and personnel matters.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

The City Attorney announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation and personnel matters.

The Executive Session began at 7:20 p.m. and ended at 8:35 p.m.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

At this time item l of the Consent Agenda was taken up for consideration.

Motion by Cody, seconded by Jalanivich, to pay the invoices from Moran, Seymour and Associates, excluding invoice no. 11053.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Jalanivich, seconded by Cody, to increase the salary of Payroll Clerk Patty Gaston to $13.44 per hour.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Jalanivich, seconded by Cody, to increase the salary of Field Supervisor Donna Laumeister to $15.40 per hour.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Dalgo, seconded by Cody, to abolish the band and step salary scale.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Jalanivich, seconded by Carvin, to recess until 6:00 p.m. on October 21, 2003.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

______________________________ _____________________________

City Clerk Mayor

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