RECESS MEETING OF SEPTEMBER 15, 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 5:00 p.m. on September 15, 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.

Motion by Jalanivich, seconded by Carvin, to open the public hearing concerning the proposed budget for FYE 2004.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Bruce Duckett addressed a comment made in a recent newspaper article, which suggested that taxes had not been raised since 1995. He said the comment was probably accurate when referring to millage, however, due to the reappraisal last year, they had seen a tax increase very recently and had a different perception on the matter. Mayor Ainsworth replied that the Board had held the line when the last two reappraisals occurred and had cut back on the millage to help soften the blow to taxpayers. He added that there would be no general fund tax increase this year.

Motion by Cody, seconded by Carvin, to close the public hearing regarding the proposed FYE 2004 budget.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Resolution – Fixing Ad Valorem Tax Levy for FYE 2003-2004)

Motion by Cody, seconded by Jalanivich, to adopt the above and foregoing Tax Levy Resolution for FYE 2003-2004.

At this time discussion was held on the motion. Alderman Lloyd felt in order to run the city properly, millage should to be raised. He said the city was still being funded using 1990 tax dollars and added that the budget could only be raised $240,000, which was an extremely small amount in comparison with a $10 million budget. He stated that new growth does not take care of the city’s needs because more money is required to take care of the new growth. Alderman Jalanivich agreed that the City needed to raise taxes in order to provide services that the citizens need. Alderman Cody said that a true test of management skills had been applied to the budget and thanked those who had worked on it. Alderman Dalgo said the comparison should be made to the dollars brought in since 1995, not the millage rate. After hearing all comments, Mayor Ainsworth called for a vote, said vote being as follows.

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

VOTING NAY Alderman Lloyd

ABSENT AND NOT VOTING Alderman McDonnell

Consent Agenda

City Clerk:

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

(Docket Summary)

Police Dept.:

b) Schedule annual bicycle auction for October 18, 2003, in Police Dept. Courtroom and authorize City Clerk to advertise the public auction as required

c) Place Dispatcher Karen George on full-time employee status at Band 3/Step 2 of the salary scale ($9.78 hr.), effective immediately:

(George probation memo)

Fire Dept.:

d) Authorize letter to Jackson County Board of Supervisors requesting support for improvements in Hurricane Evacuation Sheltering Facilities:

(Hurricane Shelters)

e) Assign Deputy Fire Chief Patrick Williams an annual salary of $40,000.00, effective October 1, 2003, with exempt status:

(Williams salary increase)

City Engineer:

f) Pay invoices from Moran, Seymour and Associates totaling $13,384.14:

(City Engineer Invoices)

g) Approve Pay Request No. 3 from Caldwell Tank ($64,125.00) regarding Contract A – New Elevated Water Tank, DWI-280035-02:

(Caldwell Invoice)

Public Works:

h) Pay invoice from Graham Construction Co., Inc. ($982.92 – retainage) regarding sewer rehab work at 1407 Churchill Dr.:

(Graham Invoice)

i) Pay invoice from Graham Construction Co., Inc. ($7,041.60) regarding sewer repairs on Lift Station No. 13 on Bryant Circle (EPA Grant):

(Graham Invoice)

j) Pay invoice from Graham Construction Co., Inc. ($5,747.40) regarding sewer repairs at Davidson and Mincheck (EPA Grant):

(Graham Invoice)

k) Pay invoice from Graham Construction Co., Inc. ($1,972.80) regarding sewer repairs at 112 Stennis Ave. (EPA Grant):

(Graham Invoice)

l) Pay invoice from Graham Construction Co., Inc. ($2,895.30) regarding sewer repairs at Holcomb and Davidson (EPA Grant):

(Graham Invoice)

Community Development & Planning:

m) Authorize application to MS Dept. of Archives and History for $300,000.00 MS Community Heritage Preservation Grant for Mary C. O’Keefe Cultural Center (requires $60,000.00 City match):

(Community Heritage Preservation Grant Memo)

n) Approve Application for Payment No. 16 for Fletcher Construction Co. ($153,592.20) regarding Mary C. O’Keefe Cultural Center:

(Fletcher Invoice)

o) Revoke all approvals of Southwind Subdivision, consider the project expired and authorize refund of all fees applicant is entitled to as determined by City Planner and City Attorney:

(Southwind S/D revocation)

p) Accept Historic Preservation Commission’s recommendation with regard to the following COA’s:

1. Chester Harvey – 1108 I’berville Dr.:

(Harvey COA)

2. Robert and Cindy Peters – 805 Cleveland Ave.:

(Peters COA)

3. Jan Walker – 243 Front Beach Dr.:

(Walker COA)

q) Accept letter from City Planner regarding Planning Commission’s action concerning I’berville Landing subdivision covenants:

(I’berville Landing covenants)

r) Accept Planning Commission’s recommendation with regard to the following:

1. Danny Nobles – Special Use Permit for Seafood Market at 1209 Bienville Blvd.:

(Nobles Documents)

2. James B. McQuilquin – Sketch Plat Approval for Old Falstaff Estate (corner of Perryman Rd./Government St.):

(McQuilquin Documents)

3. Camellia Pointe – Preliminary Plat Approval:

(Camellia Pointe Documents)

4. Lakeview Subdivision, Phase IV – Final Plat Approval:

(Lakeview Documents)

City Attorney:

s) Pay City Attorney’s bill for August 2003 ($3850.00)

t) Pay invoice from Dogan, Wilkinson, Kinard, Smith & Edwards for legal services regarding William Lyon vs. City of Ocean Springs ($27.10) and Lydell White vs. City of Ocean Springs ($157.10):

Dogan, etc. Invoice)

Miscellaneous:

u) Pay invoice from Holley, Grubbs, Mitcham & Phillips ($500.00) regarding financial advisory services regarding $215,000.00 G.O. Notes for Shearwater Bridge:

(Holley, etc. Invoice)

Items p3, r3 and r4 were removed from the Consent Agenda for further consideration.

Motion by Dalgo, seconded by Jalanivich, to approve the Consent Agenda, excluding items p3, r3 and r4.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Department Reports

City Clerk

(FYE 2003 Budget Amendments)

Motion by Gill, seconded by Carvin, to adopt the budget amendments for FYE 2003 as presented by the Deputy City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Public Works

The Public Works Director stated that there was an additional $15,000.00 available for the Governor’s Highway Safety Program grant and asked that he be allowed to purchase speed view advisory signs for some of the school zones with the money. He said the expenditure would be reimbursed and asked that the appropriate budget amendment be made.

Motion by Jalanivich, seconded by Dalgo, to authorize the Public Works Director to purchase signs with the additional $15,000.00 available in the Governor’s Highway Safety Program grant and to amend the FYE 2003 budget to reflect the additional revenue and expenditure.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

At this time discussion was held regarding item r4 of the Consent Agenda. The Public Works Director stated that there were numerous items not complete in Lakeview Subdivision, Phase IV, some of which were significant and felt the items should be resolved prior to final plat approval.

Motion by Cody, seconded by Carvin, to table the issue of final plat approval for Lakeview Subdivision, Phase IV until the next meeting and allow the Public Works Director and City Planner to work with Mr. Wrigley regarding the deficiencies.

At this time discussion was held regarding the motion. Mr. Wrigley said that there were only a few minor deficiencies related to public works and that they were in the process of being rectified. The City Planner said he had previously advised Mr. Wrigley that he had to address the issues of accessibility, a dual access, and drainage structure improvement to the road. He said an abbreviated walkthrough had been done a couple of weeks ago to allow Mr. Wrigley time to begin correcting the items prior to the Planning Commission meeting, however, he did not get those items complete. He said that Mr. Wrigley had advised the Planning Commission that the subdivision was substantially complete, that the engineering inspector was satisfied with it, but that there were still a few items that might need to be addressed. The City Planner added, however, that since the engineering inspector had not done a formal final inspection, he had no way of knowing that other items existed; the additional items were added to the list. He did say that Mr. Wrigley had done a good job of getting done what was supposed to have been completed.

Alderman Dalgo said that he could not support final plat approval until the issues of accessibility and drainage were addressed as per the City Engineer. Mr. Wrigley said the drainage issue was an off-site issue and would be corrected with development of a retention lake in the next phase of the subdivision. He said that he had offered to supply a letter of credit for a period of two years in an amount twice the cost of the correction and that the Planning Commission had agreed to accept the letter. He said that the City Engineer and Alderman Gill had reviewed the problem on Gibson Rd. where the flooding occurs under tropical storm or hurricane conditions and noted that it does not prohibit traffic from flowing in either direction. He stated that the situation had existed 20 years prior to his development and felt that the issue was very minor at this point. Alderman Dalgo was concerned that the existing problem would be compounded with development of the subdivision. However, Mr. Wrigley stated that the City Engineer had asked his engineer to do a drainage study and calculate how much water was being put in the bottom of the dip in the road based on the current amount of development that had been done and what would be built in the future. He said that it was suggested that rather than tearing up the road and putting in a 36” culvert, the retention proposed in the next phase would resolve it, according to his engineer. Alderman Jalanivich said that he had spoken to the City Engineer about the situation and that he did not have a problem with it. Alderman Dalgo referred to a letter dated August 14, 2001, wherein the City Engineer stated the developer should be responsible for offsite drainage improvement at the Gibson Rd. crossing and that it was necessary for the developer to provide the city with a letter of commitment. He added that the letter was followed up with a letter from Mr. Wrigley stating that he would not seek final plat approval until the drainage was addressed and upgrades were completed. He added further that granting final plat approval of the subdivision would be in violation of the ordinance without having addressed ingress and egress. Having heard all discussion on the issue, Mayor Ainsworth called for 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

At this time discussion was held regarding item r3 of the Consent Agenda. Alderman Lloyd asked if all outstanding issues had been resolved with Camellia Pointe. The City Planner reported that the outstanding issues were minor in nature that the developer was only seeking preliminary plat. He noted that Moran, Seymour & Associates were the engineer of record for Camellia Pointe and that the City had to hire another engineer, Larry Rumsey, to represent the city. He said the punch list items he had given to the developer had been satisfied and that three of the punch list items from Public Works and Larry Rumsey had been satisfied. He added that one outstanding item concerns a manhole, which they agreed to add to the plat for construction.

Motion by Lloyd, seconded by Cody, to approve item r3 of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Community Development & Planning

Willis White was not yet present to discuss the COA for First Presbyterian Church, so the matter was delayed until later in the meeting.

Risk Manager/HR Director

The HR Director asked that a time and attendance policy for exempt personnel be removed from the agenda and action report, as she was working on other items of higher priority. Alderman Cody said that a citywide policy was a priority of the Board and that they had been waiting on a policy for over a year. The HR Director said she would have the policy ready for the regular meeting in October 2003.

Alderman Cody reported that the roof on the old church at Bienville Blvd. and Vermont was about to cave in and asked that the lot cleaning process be started to clean the lot and remove the building or tear it down.

Motion by Cody, seconded by Carvin, to authorize the Fire Chief and Building Official to review the structure at Bienville Blvd. and Vermont for possible lot cleaning and report back to the Board at the next meeting.

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

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Alderman McDonnell

Old Business

The cost estimate for Hastings Rd. repairs and appointments to the Election Commission, Museum Commission and Taxi Board were held over until first meeting in October 2003.

Motion by Dalgo, seconded by Cody, to appoint Brenda Songy to the Tree Committee to fill the unexpired term of Kay Baggett.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

New Business

Charles Romans told the Board that the stretch of Brumbaugh from Halstead to where it dead ends was over a mile long, there were no stop signs, and was a virtual racetrack. He asked the Board to consider erecting stop signs at Brumbaugh and Mincheck and at Brumbaugh and Siowan to help solve the speeding problem.

Motion by Cody, seconded by Dalgo, that the Police Chief and City Planner review the area of Brumbaugh in question for possible placement of stop signs and report back to the Board with a recommendation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Dalgo, seconded by Cody, to request Singing River EPA to conduct a lighting study in Bienville Place Subdivision, Phases 1-4 and make a recommendation to the Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Alderman Lloyd reported that the Friends of Mary C. O’Keefe had requested some streetlights be installed at the Mary C. O’Keefe Cultural Center. He asked that a light be placed on each side of the pole in front of the building (one over the road and one over the walkway going into the building) and also on the pole on the western corner of the building where the handicap access is.

Motion by Cody, seconded by Lloyd, to install streetlights at the Mary C. O’Keefe Cultural Center as requested.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Dalgo, seconded by Carvin, to authorize the City Attorney to draft an amendment to the appropriate ordinance to reduce the speed limit on Government St. from 35 mph to 30 mph, contingent up receipt of an engineering traffic study that concurs with the reduction.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Audience Request

No one addressed the Mayor and Board of Aldermen at this time.

Motion by Cody, seconded by Carvin, 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 Carvin, to go into Executive Session to discuss personnel matters in the Fire Dept.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

The Deputy City Clerk announced that the Board had elected to go into Executive Session to discuss personnel matters in the Fire Dept.

The Board began the Executive Session at 6:15 p.m. and was joined by the Fire Chief, City Attorney and HR Director/ Risk Manager. The session ended at approximately 6:20 p.m.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Cody, seconded by Carvin, that the COA for First Presbyterian Church and the appeal by Willis White be held over until the October 7, 2003, meeting.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Cody, seconded by Carvin, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

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City Clerk Mayor

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