REGULAR MEETING OF SEPTEMBER 7, 2004

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Regular Meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on September 7, 2004. Mayor Seren Ainsworth presiding; Aldermen Lloyd, Cody, Carvin, Dalgo and Gill, City Clerk Janet Dudding, City Attorney John Edwards, Deputy Clerk Sue Ann London and Recording Clerk Patty Gaston. Aldermen Matt McDonnell and Danny Jalanivich were absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance to the flag.

Mayor read amendments to Agenda and requested these items added to the Agenda. Alderman Dalgo made a motion to amend these items into the Agenda and the motion was seconded by Alderman Carvin. The motion carried unanimously.

MAYOR’S PROCLAMATION

Mayor made a presentation to Fire Chief and Civil Defense, Emergency Management Director Mark Hare in the form of a proclamation to proclaim September as National Preparedness Month. The Mayor thanked Chief Hare for his efforts to educate the public about preparedness. Chief Hare told of the City’s efforts to be ready for the possibility of impending hurricanes and also thanked the Mayor.

CONSENT AGENDA

Alderman Gill made a motion with a second by Alderman Cody to accept the Consent Agenda except for items t (pulled by the Mayor) and c (pulled by Alderman Lloyd). The vote carried unanimously.

Alderman Dalgo made a motion with a second by Alderman Gill to amend the budget for the fiscal year ending September 30, 2004 by $356,148.82 to cover payroll in police, public works administration, streets and services in the general fund through September 3, 2004 bringing the ending general fund cash balance to begin the next fiscal year to $476,295; increase budgeted sewer personnel services by $61,480 and increase debt service fund debt service by $5,785. The motion carried unanimously. (See Exhibit A-2)

Alderman Dalgo had Mike Streiff, President of the Board of Trustees of the Walter Anderson Museum, present to discuss the Walter Anderson Museum Building and Mural update. Mr. Streiff expressed concern on the Community Center and needed work be completed, including the mural. Alderman Lloyd asked if the Museum would be interested in purchasing the building from the City. He feels that it would be in the best interest of both parties. Alderman Cody suggested that this be discussed in a work session which would include the Mayor, Mr. Streiff, and Marilyn Lyons. Public Works Director, Kaufman brought up the possibility that due to certain factors, this building might not be able to be sold. The Mayor pointed out all the work that the City has put into the museum building and Mr. Streiff agreed that the Museum and the City enjoy a great working relationship. Everyone agreed that study would have to be done to look into the legalities involved and then make a decision.

ZONING AND ADJUSTMENT BOARD

Alderman Cody made a motion with a second by Alderman Dalgo to go into the Zoning and Adjustment Board. The motion carried unanimously.

Angela Sanders and Johnny White representing the Zoning and Adjustment Board requested the Council accept the recommendation of the Zoning and Adjustment Board to approve the floor area variance request at 3415 Queen Elizabeth Drive to add a structure to the rear of the house. This addition is necessary for equipment needed to deal with an illness. It was stated that the structure will have no effect on neighbors and will be an add-on structure to the garage. The owner, Dr. Mitchell, is also willing to sign an agreement that the structure will never be rented out and if house is sold in the future, the add-on structure will not be allowed to be rented out. Alderman Gill made a motion to accept the floor area variance and Alderman Cody seconded the motion. During discussion Alderman Lloyd asked if the Ordinance allowed this variance and that the Planning Board had denied the request. Ms. Sanders stated that the Planning Board denied the request based on the topography and Zoning & Adjustment Board is recommending approval solely on the hardship of the illness. Mr. Scruggs noted that the Ordinance refers only to lot size issues and topography and the Planning Board does not take medical or other hardships not related to the lot into consideration. Alderman Cody stated that the Board has the right to grant approval due to hardship and he also noted Dr. Mitchell’s agreement in writing not to rent the structure. Alderman Carvin brought up an issue regarding Billy Cruthirds and a similar situation. Mr. Scruggs pointed out that the difference in that situation pertained to use and not variance. Alderman Lloyd and Alderman Carvin voted nay, however the motion carried.

Alderman Dalgo moved to come out of the full Zoning and Adjustment Board with a second by Alderman Cody. The vote was unanimous. Alderman Gill then motioned to ratify the actions of the Zoning and Adjustment Board. The motion was seconded by Alderman Cody. The motion carried unanimously.

COMMUNITY DEVELOPMENT & PLANNING

Alderman Cody made a motion with a second by Alderman Carvin to approve the resolution determining necessity for the lot clearing of 133 Lafayette Circle. The vote was unanimous.

CITY ATTORNEY

City Attorney Edwards recommends an Executive Session to discuss legal issues. Alderman Cody motions to consider Executive Session. Alderman Carvin seconded the motion. The motion carried unanimously. Alderman Cody, seconded by Alderman Lloyd motioned to go into Closed Session to determine the necessity for an Executive Session. The motion carried unanimously. At 6:30 p.m. Alderman Cody motioned to go into Executive Session to discuss a personnel matter in the Court Department and to discuss possible litigation. The motion was seconded by Alderman Lloyd. The motion carried unanimously.

The Deputy Clerk announced to the audience that the Board would stay in Executive Session to discuss a personnel matter in the Court Department and possible litigation. The Executive Session ended at 7:20 p.m. with no action taken. Alderman Cody motioned and Alderman Carvin seconded to resume the regular session. The motion carried unanimously.

ALDERMAN’S FORUM

Referring to a letter sent by the University of Southern Mississippi, Alderman Lloyd brought up the question about putting USM banners in the city because the City contains some USM facilities. The Mayor brings up the point about banners used to advertise other festivals and events that happen in the City and the problem of putting up banners and taking them down. Alderman Lloyd motions, with a second by Alderman Cody to allow USM to provide the banners. Mr. Kaufman is asked about the feasibility of this and he responds that all banners that are put up along Highway 90 refer to City events only. Alderman Gill asks about the number of banners and Alderman Lloyd responds that it is only six to eight flags. The Mayor offers to contact Jay Grimes at USM to find out the specifics and send a memo to the Council members. No vote was taken.

AMEND AGENDA

Administration

A motion by Alderman Dalgo with a second by Alderman Gill to adopt the Resolution accepting assignment of sewer pipeline crossing agreement to the City of Ocean Springs, authorizing the Mayor to execute it in behalf of the City. (See Exhibit ADD-1) The roll call vote was as follows: Alderman Lloyd, aye; Alderman McDonnell, absent; Alderman Cody, aye; Alderman Jalanivich, absent; Alderman Carvin, aye; Alderman Dalgo, aye; Alderman Gill, aye. The vote was unanimous.

Alderman Cody made a motion with a second by Alderman Dalgo to make Ms. Jackson’s letter of August 16, 2003 waiving the insurance requirement naming CSX as additional insured a part of the minutes. The vote was unanimous.

A motion was made by Alderman Dalgo and seconded by Alderman Carvin to direct the City Clerk to forward to Ms. Jackson an attested copy of the enclosed letter together with a request that CSX Execute and return the enclosed consent to assignment and that, upon return of same, have it presented for recording in the minutes. The motion carried unanimously.

A motion was made by Alderman Lloyd to offer Ms. Lea $125.00 reimbursement rather than the $250.00 reimbursement she was seeking for a survey fee. Alderman Cody requested that this issue be held over until the next meeting, but was denied that request because a motion was already on the floor. However, the motion failed due to lack of a second. Alderman Dalgo then made a motion to deny the request and Alderman Carvin seconded the motion. The motion carried unanimously. (See Exhibit ADD-4)

A motion was made by Alderman Cody and seconded by Alderman Carvin to adopt the resolution fixing the levy of the municipal ad valorem taxes on the City of Ocean Springs School District, Jackson County, for the fiscal year 2004-2005 (§21-33-45). (See Exhibit ADD-5). The roll call vote was as follows: Alderman Jalanivich, absent; Alderman Lloyd, aye; Alderman McDonnell, absent; Alderman Cody, aye; Alderman Carvin, aye; Alderman Dalgo, aye; Alderman Gill, aye. The motion passed unanimously.

Alderman Cody made a motion that was seconded by Alderman Carvin to approve the Minutes of the Recess Meeting of August 17, 2004. The motion passed unanimously.

Alderman Lloyd made a motion to pull the Solutions, Inc. invoices off of the Claims Docket due to missing detailed billing. Alderman Carvin seconded the motion. The Mayor responded that he had received the billing and he will provide it to Alderman Lloyd on Wednesday. He will also contact Solutions, Inc. and explain why bill was not approved for payment. The motion passed unanimously to pay the Claims Docket minus the Solutions, Inc. invoices.

Discussion of Items Pulled From Consent Agenda

Item c

Alderman Lloyd asked for more explanation for item c. The City Clerk explained that the creation of the bank account and fund for Flexible Medical Spending with an inter-fund loan from General Fund to Flexible Medical Spending fund was necessary to deposit and withdraw monies for employees who chose to set aside additional money for medical needs not covered by insurance. This account is a clearing fund. Alderman Lloyd made a motion to approve item c on the Consent Agenda. The motion was seconded by Alderman Carvin. The motion carried unanimously.

Item t

The Mayor asked for more information regarding accepting the City Planner’s recommendation to allow George Shamburger to place a temporary construction trailer at 101 Bienville Blvd. for a period not to exceed six months. Alderman Dalgo asked if Board approval was required before the trailer could be placed and Mr. Scruggs replied that Board approval was required. The trailer is already on site as a construction trailer first, which the City Planner can approve without the Board, but it is actually not a construction trailer because construction is not yet taking place and permits have not yet been issued. Alderman Cody points out that the building is actually an office trailer. Alderman Cody made a motion to allow George Shamburger to place a temporary office trailer at 101 Bienville Blvd. with review at six month time frames to make sure that progress is occurring and if not to deny renewal. Alderman Dalgo seconded the motion. The motion passed unanimously.

CITY COURT

The Mayor requested to hold discussion of court fines for approximately two months. The Board agrees.

PUBLIC WORKS

Alderman Carvin made a motion with a second by Alderman Cody to accept Public Works Director’s recommendation regarding decorative street signs. The motion carried unanimously.

Alderman Dalgo made a motion to reject bids on the Heron Bayou Bridge because all bids that had been received were too high. Alderman Carvin seconded the motion. The motion carried unanimously.

At this time, Public Works Director, Mr. Kaufman, brings up two items that were not on the Agenda. His department must present to EPA a quarterly report which has been finalized and simply required the Mayor’s signature and needs to be shown as authorized in the minutes. This item also involves the contract with Compton Engineering regarding the sewer rehab work through EPA. The original contract was for $12,000. and the EPA is requiring a cost amount instead of just billing as the work is done. The price should be expanded to an amount not to exceed $35,000. Alderman Cody motions to accept the EPA required information as presented by Mr. Kaufman with a second by Alderman Carvin. The motion carried unanimously.

The second item brought in by Mr. Kaufman involves CSX railroad crossings. Four crossings in Ocean Springs are to be upgraded with funding provided by CSX, on Highway 57, on Ocean Springs Road, on Hanley Road and one on Martin Luther King, Jr. Mr. Kaufman informed the Board that even though the public was not notified in advance on the Highway 57 closing, that signs have been erected at the other crossings and that the media and emergency personnel had been alerted.

HEARING FROM THE PUBLIC

Ms. Brou is continuing her quest for adverse possession of Back Street. Before she begins her talk, Alderman Cody notes that the Alderman that represents Ms. Brou’s Ward is absent and he feels he should be here to hear any discussion and also present discussion on this topic.

Alderman Cody has to leave the meeting at this point.

Before Ms. Brou begins, the Mayor states that since Ms. Brou has obtained an attorney that her attorney and the City Attorney should discuss these matters rather than discuss them openly in the meeting. The two attorneys agree to discuss the matter.

The Mayor discusses completing the budget process and meeting to adopt the budget. The budget must be approved by September 15, 2004. He also brings up the hurricane that could possibly come into the Gulf of Mexico.

Alderman Dalgo motioned, with a second by Alderman Carvin to recess until 6:00 p.m. on September 21, 2004, with the possibility of a Special Call Meeting to adopt the budget and discuss possible preparations for Hurricane Ivan. The motion carried unanimously.

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City Clerk Mayor

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