Be it remembered that the Mayor and Board of Aldermen of the
City of Ocean Springs met in a Recess Meeting at City Hall in the City of Ocean
Springs at
Alderman Cody gave the Invocation.
Matthew Morris of Boy Scout Troop 271 led the Pledge of Allegiance. The troop members attended the meeting as a requirement for their Citizenship and Community Merit Badge.
Mayor made a presentation to Pete Carter, representative of
the Holy Trinity Greek Orthodox Church, proclaiming
The Mayor invited the public to speak regarding the budget
for the upcoming fiscal year ending
PUBLIC HEARING –
No one came forward regarding the Public Hearing on a lot
clearing at
A motion by Alderman Cody and seconded by Alderman Carvin to go through the lot cleaning process. Alderman Lloyd questioned why this lot was still on the agenda and he stated that this was the second time he had looked at it in five months. Mr. Scruggs responded that there had been confusion on the dates and it had to be re-advertised. After discussion, the motion passed unanimously.
AMEND AGENDA
Mayor Ainsworth requested an amendment to the Agenda under
the Fire Department. Amendments included Fire Fighter Kevin Sharpe attending a
Fire Investigator Class at the
1. A motion by Alderman McDonnell and a second by Alderman Cody to approve Fire Fighter Kevin Sharpe’s attendance at Fire Investigator Class at the National Fire Academy in Emmetsburg, Maryland on September 12-24, paying all initial cost with airline, lodging and course fees to be reimbursed by National Fire Administration. The motion passed unanimously. (See Exhibit ADD-1)
2. Alderman
Cody made a motion, with a second by Alderman Carvin
to approve the hiring of Bruce Cox for the open Fire Fighter position at $10.41
per hour ($27,000 annually) effective
Alderman Cody moved, seconded by Alderman Jalanivich to approve the Consent Agenda, less items j (pulled by Alderman Lloyd), m (pulled by Alderman Lloyd), and aa (pulled by Alderman McDonnell), the motion passed unanimously. (See Exhibit A-1 through aa)
Mr. Kaufman discussed an item effecting his department regarding the full-time status and pay rate from $10.25 per hour to $11.00 per hour for Dawn Rogers. This change in status and pay would begin the first day of the next pay period after the probationary period expired.
Alderman McDonnell asked if the pay increase would raise her to a level comparable to others performing the same duties in other departments in the City. Alderman McDonnell made a motion to accept the pay increase and change in status for Dawn Rogers. Alderman Jalanivich seconded the motion. Alderman Lloyd questioned why another of Mr. Kaufman’s employees was not presented for a raise. Mr. Kaufman explained that the other individual was brought in at a comparable rate. Mr. Kaufman also stated that he also has fewer people working in his department now than was budgeted. Alderman Dalgo brought up the question of raises beginning prior to the end of the fiscal year and that the City needs a policy regarding raises. The motion regarding Ms. Rogers passed unanimously. Alderman Dalgo made a motion that if you are an employee of the City of Ocean Springs and your salary is adjusted that it will occur one time during the calendar year at October 1, the beginning of the fiscal year. Alderman McDonnell seconded the motion, but asked that the Mayor, the City Clerk, and the Human Resources Director draft a policy regarding raises. Alderman Dalgo withdraws his motion until that policy is drafted. Alderman McDonnell motioned that the Mayor, City Clerk, and Human Resources Director draft a policy concerning raises on an annual basis to be October 1 of each calendar year. Alderman Dalgo seconded the motion. The motion passed unanimously. (See Exhibit A-1 aa)
Return to Consent Agenda to discuss Items j and m.
Alderman Lloyd requested more information on the item to authorize creation of Utility Capital asset fund, with a revenue and expense budget amendment for $58,941 for cost-reimbursed capital infrastructure. Mr. Scruggs pointed out that this is a revenue based fund and that the funds are trackable. Alderman McDonnell made a motion with a second by Alderman Dalgo to approve Item j of the Consent Agenda. The motion passed unanimously. (See Exhibit A-1j)
Alderman Lloyd made a motion to deny payment of $3,000 to John Quarstein for his consultant fee that was executed under contract. Alderman McDonnell seconded the motion for purposes of discussion and he questioned if this was additional billing or part of the contract. After the City Clerk pointed out this was not an additional bill, but part of the contracted amount the vote was taken to deny payment. The motion did not carry. All Aldermen, except Alderman Lloyd, voted against the motion. Alderman Cody then made a motion to approve the $3,000 payment for John Quarstein as stipulated in the contract. Alderman Carvin seconded the motion. Alderman McDonnell asked if this is the final payment and was told by the City Clerk that there is one more payment, but the money has been encumbered and will not affect next year’s budget. The motion passed unanimously.
A motion by Alderman Cody and seconded by Alderman Jalanivich to adopt a resolution authorizing entering into a $167,797.76, 2.98% five year lease purchase with Hancock Bank to finance the purchases made during the year for a GMC Pickup, Harley Davidson Motorcycle, Boston Whaler, two hand-held Meter Reader Devices, Chevrolet Silverado Pickup, Reel Mower, and City Hall Computer Network. After discussion, the motion passed unanimously. (See Exhibit A-2)
A motion by Alderman Jalanivich and seconded by Alderman Carvin to provide security personnel for the Ocean Springs Film Festival, September 17-19 at the Mary C. O’Keefe Cultural Center. The motion passed unanimously. (See Exhibit A-3)
Alderman Jalanivich made a motion with a second by Alderman Carvin to adopt Ordinance 12-2004, which is the Ordinance redistricting the six wards of the City of Ocean Springs, Mississippi, and providing that the election precincts shall be synonymous. A roll call vote was as follows: Alderman Jalanivich, Aye; Alderman Lloyd, Aye; Alderman McDonnell, Aye; Alderman Cody, Aye; Alderman Carvin, Aye; Alderman Dalgo, Aye; Alderman Gill was absent. Without discussion, the motion passed unanimously. (See Exhibit A-4)
Alderman Jalanivich made a motion with a second by Alderman Cody to discuss the reimbursement of $250 to Ms. Judith Lea for an expense incurred by her for a property survey that she was told was required before improvements can be made to the unapproved portion of Pabst Road. After lengthy discussion, with input by Mr. Scruggs regarding Ms. Lea’s request for reimbursement, Alderman Jalanivich motioned to deny her request. A second was made by Alderman Carvin. Before the vote, Alderman Dalgo requested discussion and stated that Ms. Lea hired a survey to be completed as a requirement by the City. Alderman Dalgo stated that in a letter from Ms. Lea she said that she had been given incorrect information from Jason in Mr. Scruggs’ department. Alderman Jalanivich then withdrew his motion to deny payment. Alderman Dalgo then made a motion with a second by Alderman Carvin to table the discussion until the next meeting. The motion passed unanimously. (See Exhibit A-5)
Alderman Cody nominated Mr. Johnny White to the Zoning and Adjustment Board. Alderman Carvin seconded the motion. The motion passed unanimously.
A motion was made by Alderman Cody with a second by Alderman Carvin to table payment of the $1,722.50 invoice from Solutions, Inc. The Mayor will contact Solutions, Inc. and request a detailed billing and then discuss payment once that billing is received. The motion passed unanimously. (See Exhibit A-7)
Alderman McDonnell made a motion with a second by Alderman Carvin to advertise City Resources through Sponsorship for the Ocean Springs High School Basketball Booster Club in the amount of $100.00. The vote was five aye and one nay. The motion passed.
A motion by Alderman Cody and a second by Alderman Carvin to approve a Resolution Declaring Intent to enter into a $500,000 Cap Loan for the purpose of completing Capital Projects and setting the time for a Public Hearing at the September 21st meeting at 6:00 p.m. or some other subsequent time. The capital projects include completion of the water line down Highway 57 on the south side up to Sunplex. After discussion, the motion passed unanimously. (See Exhibit A-9)
Stormwater
Alderman Jalanivich made a motion with a second by Alderman Cody to approve the proposed revision to the City’s Stormwater Ordinance to state that the requirement to provide for reducing runoff on to other property is not necessary in all situations and to give authority to waive that requirement as necessary. After clarification by Mr. Kaufman, the motion passed unanimously. (See Exhibits CD & P-1)
A motion was made by Alderman Cody and a second by Alderman
Jalanivich to approve the resolution determining the necessity for
COA Appeal 110
Shearwater
Alderman Jalanivich made a motion
with a second by Alderman Cody to allow the installation of vinyl siding on the
house of John and Sue White at
Alderman McDonnell brought up in discussion that the Board needs to look into the process that causes so many appeals of Historic Preservation Commission decisions. He suggested that Mr. Scruggs’ department work with the Commission on these issues in order to make the process better for both the homeowners and the Commission. Mrs. Duckett, of the Historic Preservation Commission, reminded the Board that an increase in non contributing homes could cause the Historical District to loose status and she requested the Board to consider the whole picture. Alderman Lloyd suggested that the inflexibility of the ordinance needs to be revisited and possibly changed in order to lessen the number of the appeals. He suggested that Mr. Scruggs form a committee to look into this matter. After discussion, the motion passed unanimously.
A motion was made by Alderman Cody and a second by Alderman
Carvin to go into the Zoning & Adjustment Board at
A motion was made by Alderman Jalanivich with a second by
Alderman Carvin to accept the recommendation of the Zoning & Adjustment
Board to approve Front Yard Variance for the Mellow Mushroom Restaurant. The
motion passed unanimously. Alderman Carvin made a
motion to close the Zoning & Adjustment Board at
Alderman Jalanivich made a motion that was seconded by Alderman Carvin to accept the proposal to advertise for removal of the water tanks at City Hall and the Hospital. Mr. Kaufman stated that the specs had already been received, but the removal will not take place until after hurricane season. Alderman Lloyd asked about the source of funding for this project. Mr. Kaufman said that he budgets yearly for unforeseen projects and the funds will have to be moved within his water and sewer budget. Mr. Kaufman also stated that removal of the tank at City Hall will be expensive and he is not sure he has funding to cover the expense. The motion carried unanimously.
The Mayor requested to hold over the discussion of Court Fines.
City Attorney, John Edwards, asked the Board to consider Executive Session so that he might update the Board on impending litigation.
Mr. Kaufman requested the City offer help to a small
community (not yet named) in south
Alderman Dalgo brought up concerns by citizens living near the Concrete Plant regarding noise so loud that it is waking people up and keeping both adults and children up at night. Alderman Dalgo made a motion that requires Mr. Scruggs to find out the ownership of the Concrete Plant and have Chief of Police Belk write a strongly worded letter regarding the unacceptable noise level. Alderman Lloyd questioned the current Noise Level Ordinance and how that could be applied to this situation. Alderman Cody requested that the Board write the Attorney General in order to receive an opinion regarding noise problems and how to enforce them. The motion carried unanimously.
Alderman Cody then made a motion to write the Attorney General and ask if it is legal to pass a Noise Ordinance and if so get guidelines as to how to do this. The motion carried.
Ms. Clair Brou made a request for the City to vacate Back Street and deed to her and her sister by Adverse Possession. She stated that her family has maintained this street for many years both financially and with their labor. Alderman McDonnell asked the City Attorney about vacating a property that has other adjacent property owners and was told that the City would have to split this property with Mr. Reynolds as well the Brou family. Alderman McDonnell made a motion to refer the matter to the City’s legal council to find a legal solution to the matter. Alderman Cody seconded the motion. The motion passed unanimously.
Ret. Col. Raul Gamez, representing
Ms. Duckett, from the Historic Preservation Commission, invited the Board to attend a training session by the State Department of Archives regarding historical property on September 9 at 5:00 p.m. Alderman Jalanivich asked her to put a memo in each Alderman’s box as a reminder.
Boy Scout, Daniel Raznick asked the Board to look into lighting for Trentwood Subdivision. Damian McKay informed the young man that residents of the subdivision would have to make the request because they requested no lights when the subdivision was built. Mr. McKay will look into the matter.
Donna Nester from the
Alderman Cody made a motion with a second by Alderman Carvin to enter into closed session. The motion carried unanimously.
The City Clerk returned from the Closed Session to report that there was a motion by Alderman Cody and a second by Alderman Carvin to remain in Closed Session and go into Executive Session to discuss matters of personnel in the Fire, Water Supervision and Finance Departments and Litigation and Property matters.
A motion was made by Alderman Jalanivich and a second by Alderman McDonnell to return from Executive Session. The motion passed unanimously.
Alderman McDonnell made a motion that was seconded by Alderman Carvin to have the City Attorney to negotiate a settlement with the disputed amount of money to the architect, Carl Germany, on the Mary C. O’Keefe project and to authorize the City Clerk to disburse the negotiated amount. The motion passed unanimously.
Alderman Dalgo read a memo from Fire Chief, Mark Hare, and then put in the form of a motion to promote Richard Mays to the position of Fire Lieutenant with an annual salary of $32,000 ($12.34 hourly) with a six months probationary period. Alderman Carvin seconded the motion and the motion passed unanimously.
Alderman Cody made a motion with a second by Alderman
McDonnell to transfer Johnny Bosarge from the Public
Works Department to the City Clerk’s Office, Water Department at $9.75 per hour to start
Alderman Jalanivich made a motion with a second by Alderman
McDonnell to adjourn the meeting until
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City Clerk Mayor
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