RECESS MEETING OF
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
McDonnell,
Cody, Carvin, Dalgo, and Gill, were present. Also present were City Clerk
Janet
Dudding, Deputy City Clerk, Sue Ann London and City Attorney, John Edwards.
Alderman Cody gave the
Invocation.
Mayor Ainsworth led the
Pledge of Allegiance.
The Mayor wished everyone
"Happy Holidays" and stated that he hoped all would be
safe in their holiday
travels.
The Department of Marine
Resources representative, Joe Zigler along with Dr.
Billy
Walker and Representative
Hank Zuber, presented the City of Ocean Springs a
check in
the amount of $174,793.90
for Tidelands Funding. The Mayor and Board were very
pleased and photos were taken.
At
closed session to see if they
would remain and go into Executive Session. The motion
carried unanimously.
Alderman Jalanivich made
a motion with a second by Alderman Cody to stay in closed
session and go in to Executive
Session to discuss matters of potential litigation, possible
purchase of property and
personnel matters. The motion carried unanimously.
At
return to regular session. The
motion carried unanimously. Alderman John Gill did not
return and was absent the rest
of the meeting.
CONSENT
AGENDA
Alderman Jalanivich made
a motion with a second by Alderman Cody to approve the
Consent Agenda except
items 0 and p pulled by Alderman McDonnell, items hand bb
pulled by Alderman Jalanivich and
item j pulled by Alderman Lloyd. The motion carried
unanimously except for Alderman
Carvin, who abstained from voting.
DEPARTMENT REPORTS
City Clerk
City Clerk Dudding
brought up a request from the Fort Maurepas
Foundation for their
budgeted amount of $5,000.00.
Alderman McDonnell asked if the Board was being told
what the money would be spent
on. Alderman Jalanivich replied that other City
organizations, such as the Chamber of
Commerce or HOSA, did not have to say what
they were spending their funds
on. Alderman Carvin requested that the Board receive a
report on how the funds are
spent. Mrs. Skillstead, Foundation President, stated
that
when the funds are spent, the
Board will receive a report of the expenditures. The
motion carried with all voting
aye except Alderman Lloyd who voted nay.
Alderman Jalanivich
questioned City Attorney Edwards regarding the request to ratify
the substitution of Pamela
Cox for Jackie Thomas at the Municipal Election Certification
Training
by the Secretary of State's office in
Attorney Edwards stated
that this is legal because it was a person for person
substitution and only the name was
different.
Alderman Jalanivich then
made a motion with a second by Alderman Carvin to approve
the request to ratify the
substitution of Pamela Cox for Jackie Thomas at the Municipal
Election Certification
Training by the Secretary of State in
This is item h on the
Consent Agenda. During discussion, Alderman McDonnell asked
what the certification
entailed. City Clerk Dudding responded that the training allowed
Pamela Cox and Marie
Starr to be certified in hand count voting and certified herself
and Deputy Clerk London in
hand count and optical scanning and various other types of
election vote counting. Alderman
McDonnell further questioned if this training had
anything to do with voter rolls
and City Clerk Dudding responded that voter rolls were
not part of the training and
that the Election Commission holds that responsibility. He
also asked if that commission
is organized and City Clerk Dudding responded that that
commission was appointed for the
four years ending
contact them several times and
has enlisted the help of the Mayor to get in touch with
them. The Mayor stated that
he would contact the members of the Election Commission
personally. After discussion, the
motion carried unanimously.
Alderman Lloyd asked to
have explanation on item j on the Consent Agenda. This item
requests the authorization of
$27,000 increase to budgeted park improvements, funded
from deferred revenue for the
walking track. City Clerk Dudding explained that this item
is deferred revenue, which
is money they have in hand that is ear-marked for the
walking track. Between the last
revision of the budget and Hurricane Ivan this item
came to the attention of City
Clerk Dudding and Parks and Recreation Director McKay
and this item had not been
handled. It should have been included in the budget
process. This money is the remainder
of the $100,000 for the walking track and not an
over run of expenses for the
track. Mr. McKay stated the Parks and Recreation
Department was well under
$100,000 for the walking track and that this amount is
simply a number that did not
get included in the budget process. Alderman Jalanivich
made a motion with a second
by Alderman Carvin to authorize $27,000. increase to
budgeted park capital
improvements, funded from deferred revenue for the walking
track. The motion carried
unanimously.
Police Department
Chief Belk stated that he
did not have anything to report. Alderman Jalanivich then
brought up the problem of people
parking against the traffic and on the sidewalks on
Government
and
and
prohibit this type of parking.
Chief Belk responded that his department has written
citations for these offenses and
that it is a heated element for the City. Alderman
Jalanivich stated that he
had almost been hit on
are complaining to him about
people parking on the sidewalks. Alderman Jalanivich
asked to have an update in two
or three months on the tickets issued for this offense.
Alderman Carvin
questioned how the "pooper-scooper" and leash laws were working.
Chief Belk responded that
it was working well and that they had not written any
citations for this offense. He
noted that last weekend an officer had observed people
walking on
follow the
"pooper-scooper" law.
Fire Department
Fire Chief Mark Hare is
out of town and Deputy Chief Pat Williams stated that he did not
have anything to report.
City Engineer
City Engineer Compton did
not have anything to report, but asked to respond to item 0
that was pulled from the
Consent Agenda. Alderman McDonnell pulled the item at City
Engineer
Transportation for the
Government Street Widening Project - STP-9064-00(005) had
been increased from $650.00
to $750.00 and wanted the correct amount authorized.
Alderman Jalanivich then
made a motion with a second by Alderman Cody to approve
item 0 on the Consent Agenda
which requested authorization of payment of $750.00
application fee to CSX
Transportation for the Government Street Widening Project -
SPT-9064-00(005). The
motion passed unanimously except for Alderman Carvin who
abstained.
Alderman Dalgo asked if
this area was
told that it was the
widening part going east. Alderman Dalgo questioned how this
project will improve that
difficult intersection. City Engineer Compton stated that
situation was about as
good as it would get. There is a possibility that a signal could be
placed there, but the way
the streets are configured made it difficult to find a solution
to the traffic problems
in the area.
Public Works
The Mayor offered to
answer any questions from that department. Alderman Jalanivich
stated that he would like
to recognize employee Milton Crawford who is resigning from
the Sewer Department
after many years with the City. The Mayor stated that he would
write a letter of
commendation from himself and the Board. Alderman Jalanivich made a
motion with a second by
Alderman Lloyd to accept Milton Crawford's resignation from
the Sewer Department with
thanks for his many years of service to the community and
to have the mayor write a
letter of commendation from himself and the Board to
recognize his service.
This is item p on the Consent Agenda. The motion carried
unanimously.
Community Development &. Planning
Alderman Jalanivich made
a motion with a second by Alderman Cody to accept City
Planner's recommendation
requesting $10,000 additional funding for Highway 90
signage. The motion
carried unanimously. The Mayor requested that City Planner
Scruggs meet with Public
Works Director Kaufman regarding underground utilities in the
area.
A request to adopt an
Ordinance amending the Comprehensive Zoning Ordinance,
being Ordinance 13-1976,
as amended, by providing for additional
restrictions/regulations
in C-1, C-2, and C-3 districts. During discussion, Alderman
Jalanivich requested that
the height restriction in C-l remain at 35 feet and C-2 remain
at 50 feet instead of
being lowered to 35 feet and C-3 would remain the same. City
Planner Scruggs explained
that C-2 was the downtown area and that is why the height
was lowered to 35 feet by
the Planning Commission. Alderman Jalanivich said that since
the downtown area was
small, eventually the building would not be able to expand
outward and would have to
go up. Alderman McDonnell stated that his understanding
was the original purpose
had to do with view of the water. Alderman Lloyd questioned
Jots that were
grandfathered in that were less than 100 feet in width and if they would
be affected by the height
restrictions. City Planner Scruggs stated that would not be a
problem in the C-2
district and the C-3 district. Alderman McDonnell stated that the
Planning Commission must
have had a reason for lowering the height restriction to 35
feet and he would like to
know more about their decision making on that issue.
Alderman Cody stated that
he also wanted to talk to the Planning Commission to find
out their thinking in the
height restrictions.
Alderman Jalanivich made
a motion to adopt an Ordinance amending the
Comprehensive Zoning
Ordinance, being Ordinance 13-1976, as amended, by providing
for additional
restrictions/regulations in C-1, C-2, and C-3 districts and to change the
height restriction for
C-2 to 50 feet. By roll call vote as follows:
Alderman Jalanivich aye
Alderman Lloyd nay
Alderman McDonnell nay
Alderman Cody nay
Alderman Carvin aye
Alderman Dalgo nay
Alderman Gill absent
The motion was denied.
Alderman Cody requested to attend the next Planning
Commission meeting to
discuss their reasoning for restricting the building height in the
C-2 district to 35 feet.
Alderman Dalgo made a
motion with a second by Alderman Carvin to adopt Ordinance
amending the
Comprehensive Zoning Ordinance, being Ordinance 13-1976, as
amended, by providing for
an increase in the number of members of the Zoning and
Adjustment Board and
additional requirements and duties. Discussion included
explanation by City
Planner Scruggs that stated that the Zoning and Adjustment Board
would like to not be
required to attend Board meetings and now be a recommending
body and not a full
voting body. By roll call vote as follows:
Alderman Jalanivich aye
Alderman Lloyd aye
Alderman McDonnell aye
Alderman Cody aye
Alderman Carvin aye
Alderman Dalgo aye
Alderman Gill absent
The motion carried
unanimously by the Aldermen present.
Alderman Jalanivich made
a motion with a second by Alderman Lloyd to adopt
Ordinance amending the
Comprehensive Zoning Ordinance, being Ordinance 13-1976,
as amended, by providing
for additional district provisions in open space. By roll call
vote as follows:
Alderman Jalanivich aye
Alderman Lloyd aye
Alderman McDonnell aye
Alderman Cody aye
Alderman Carvin aye
Alderman Dalgo aye
Alderman Gill absent
The motion carried
unanimously by the Aldermen present.
Alderman Jalanivich made
a motion with a second by Alderman Carvin to table adopting
Ordinance amending the
Comprehensive Zoning Ordinance, being Ordinance 13-1976,
as amended, by providing
for additional restrictions on the use of buildings, other
structures and land in
the marina zone until the Board can meet and discuss with the
Planning Commission. The
motion carried unanimously.
Alderman Dalgo made a
motion with a second by Alderman Jalanivich to adopt
Ordinance amending the
Comprehensive Zoning Ordinance, being Ordinance 13-1976,
as amended, by providing
for additional restrictions/regulations in 1-1 and 1-2 districts.
By roll call vote as
follows:
Alderman Jalanivich aye
Alderman Lloyd aye
Alderman McDonnell aye
Alderman Cody aye
Alderman Carvin aye
Alderman Dalgo aye
Alderman Gill absent
The motion carried
unanimously by the Aldermen present.
Alderman Jalanivich made
a motion with a second by Alderman Carvin to include a
letter from the
Mississippi Department of Archives and History regarding
as a part of the minutes.
The motion carried unanimously.
Parks and Recreation
No report
Mayor's Report
Alderman Jalanivich made
a motion with a second by Alderman Carvin to approve travel
for the Mayor to
unanimously.
Human Resources and Risk Manager
Human Resources and Risk
Management Director Jill McDonnell noted that there was a
flyer placed in the
Agenda packets regarding a PERS meeting that will be held at the
Community Center on
January 13, 2005.
Alderman McDonnell made a
motion with a second by Alderman Cody to approve
$243,064 payment for
liability Insurance Renewal. This is an increase of $20,600 over
last year. Alderman
McDonnell questioned if this covered matters at the Police
Department and was told
that it would. He asked Chief Belk if those issues were being
addressed and the Chief
responded that they were doing what they could physically do.
Chief Belk stated that it
would take a new facility to correct the problem. The motion
carried unanimously.
Human Resources and Risk
Management Director Jill McDonnell stated that she had the
Risk Management report to
the Aldermen for their review and this did not require
action, but was
informational.
Human Resources and Risk
Management Director Jill McDonnell addressed item bb that
was pulled from the
Consent Agenda by Alderman Jalanivich at her request. She stated
that the wording of the
request for authorization to hire part-time help for her
department was incorrect.
She stated that the individual should work 20 hours per
week and that while the
individual would not be eligible for insurance, the individual
would receive retirement.
Alderman Jalanivich questioned why this was placed on the
Agenda incorrectly. City
Clerk Dudding stated that the letter that she received about the
issue from Ms. McDonnell
did not spell out the exact information and she interpreted as
she thought it should
read. Alderman Jalanivich stated that if a Department Head puts
something on the Agenda,
they want it in the form it was given and that from now on
information should be put
on as the Department Head requested. City Clerk Dudding
stated that she could
follow that precisely and that if individuals would email her the
information as they wish
it to appear on the Agenda, she will copy it exactly. Ms
McDonnell stated that the
letter she handed in for Agenda purposes stated no insurance
and did not say no
retirement. She stated that when an individual works 20 hours and
are a regular employee
and not a temporary employee the City is required to pay
retirement by law. It
will cost the City $20.00 per week to provide retirement. The City
is not required to
provide insurance until the individual works 30 hours per week.
Alderman Jalanivich made
a motion with a second by Alderman Cody to authorize hiring
Jennifer Brown part-time,
with 20 hours per week and retirement benefits, but no
insurance, upon
successful completion of all pre-employment requirements and be
placed at the rate of
$9.00 per hour with a starting date on or around January 17, 2004
and a six-month probation
period. This is the motion as Human Resources and Risk
Management Director
McDonnell requested. The motion carried unanimously.
Alderman Jalanivich asked
City Planner Scruggs to help design a plaque noting the site
of the old Volunteer Fire
Department and the names of the families that helped build
the building with money
from their own pockets. Alderman Jalanivich stated he would
gather the names and
would also seek assistance from Fire Department Chief, Mark
Hare.
City Attorney
No report
Aldermen's Forum
No items were brought up.
New Business
No new business.
Old Business
Outstanding invoices
remain from the previous meeting to C. Germany Architects,
whose company name is New
South Architects, PLLC. Alderman McDonnell requested to
handle the paying of
these individual invoices as one motion. The Mayor agreed that
would be fine. Alderman
McDonnell then made a motion with a second by Alderman
Carvin to pay items 8a
through 8f with a total amount of $5,184.50 to New South
Architects, PLLc. The motion carried unanimously.
Item 8g under Old Business
involved payment to Moran, Seymour & Associates. These
invoices are still under
investigation by the City to determine if they have been properly
billed. This item was
tabled until the January 4, 2005 Regular Meeting.
Audience Request
The Mayor asked if there
was any information to be brought before the Board from the
audience. The Mayor asked
each row if anyone had anything to present. Doug Denehie,
a citizen, requested the
City provide all information, including financial and proposed
use on the status of the
Highway 57 property that was purchased several years ago, as
well as the same
information on the Highway 90 (Charlie Carr) property that has been
voted on to purchase. He
stated that having this information would help "clear the air"
where these two
properties are concerned.
Alderman Lloyd made a
motion with a second by Alderman Cody to make available to
the citizens the
requested financial and purpose of use information as requested by
citizen Denehie. The motion carried unanimously.
Mr. Walls, a citizen,
requested information regarding the upcoming election. He stated
that he was confused by
the new wards and would like information regarding that
issue. He also stated
that he had questions regarding voter registration and asked if all
of that information had
been taken care of for the coming election. He also stated that
he thought the voter
rolls were to be purged before the election. City Clerk Dudding
answered that the
National Election was held by the County and City Elections will be
held by the Election
Commission. The Election Commission is charged with maintaining
the voter rolls. The City
keeps the rolls, but the Election Commission is in charge of
maintaining them and will
be the ones to purge the rolls. The rolls have not yet been
purged. The Election
Commission will take care of this issue. The Mayor reiterated that
he will assist the City
Clerk in getting in touch with the members of the Election
Commission. Alderman
McDonnell questioned Mr. Walls about particular information he
might be seeking. He
stated that he had been asked to sign petitions and that the
number he had been given
for registered voters seemed high and that he wondered
when the last time the
rolls had been purged. City Clerk Dudding stated that she had
questioned the Attorney
General on the issue of purged rolls. The Attorney General
informed City Clerk
Dudding that the number given out was a correct number even
though it includes the
roll as it currently is. Alderman McDonnell asked if the number is
correct even if the rolls
had not been purged according to the rules and City Clerk
Dudding stated that the
number is correct and that she does not have the authority to
purge the rolls. City
Attorney Edwards stated that there is a statute that discusses
purging of rolls,
however, it is not the City's responsibility. It is the County's
responsibility. In
discussing this issue with the Attorney General, they would like for
cities to follow that
same schedule, but the city is not specifically required to follow it.
Alderman Dalgo asked if
Mr. Walls wanted to know how many registered voters there
were in the City and City
Clerk Dudding responded that the number is 12,911. Mr.
Walls' concern was that
the voter rolls would not be purged before the election. The
Mayor assured Mr. Walls
that the issue is being addressed and that the purging process
would have to take place
before the election. At this point, Mr. Denehie
stated that he
had checked in the Ocean
Springs Record for the last City election and noted that
approximately 4,100
individuals voted in the election. He pointed out that even though
there are those who did
not participate, that number is significantly smaller that the
total number of
registered voters. The Mayor agreed the number difference was noted
by many.
The Mayor closed the
meeting by wishing everyone a Merry Christmas and Happy New
Year. At that time,
Alderman Jalanivich made a motion to adjourn until January 4, 2005
for the next Regular
Meeting. The motion carried unanimously.
________________________ ______________________
City Clerk Mayor
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