A Recess 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 April 20, 2004, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Gill, City Attorney Oscar Jordan and Recording Clerk Patty Gaston. Alderman Dalgo and Deputy City Clerk Diane Northrop were absent.
Alderman Cody gave the Invocation.
Paul Lecour, a Boy Scout from Troop 271, was present earning his communications badge and led the Pledge of Allegiance.
At this time Mayor Ainsworth opened the public hearing regarding the following redistricting proposal.
(Redistricting Proposal)
The City Planner reported that he had not received any written or verbal comments regarding the plan. Mayor Ainsworth solicited comments from the public, but none were received, so he declared the hearing closed. Alderman Cody asked to delay action on the proposal due to Alderman Dalgo’s absence and the Board agreed.
Motion by Cody, seconded by Carvin, to table the redistricting proposal until the next meeting.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
City Clerk:
a) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
b) Place Kimberlyn Prentice on full-time status as Water Meter Reader, effective April 23, 2004, and increase pay from $8.66 to $8.92 per hour:
(Prentice Full-time Letter)
c) Authorize Deputy City Clerk to record Evergreen Cemetery deeds in Jackson County land deed records
Police Dept.:
d) Hire Roy Bryan William Wallace as Probationary Patrolman, effective April 21, 2004, at $23,000 per year and place on 1-year probation:
(Wallace Hire Letter)
e) Accept William Beck as Police Reservist for City of Ocean Springs:
(Beck Reservist Memo)
f) Allow Police Dept. to change cell phone contract from Cellular South to Nextel as outlined:
(Nextel)
Fire Dept.:
g) Allow Fire Chief to attend International Association of Fire Chiefs Conference in New Orleans, LA on August 12-15, 2004, prepay $395.00 registration and pay all other reasonable and actual expenses
h) Approve training and travel for Fire Dept. personnel as outlined in memo dated April 14, 2004:
(Fire Dept. Travel Memo)
Public Works:
i) Increase salary of Maintenance Dept. Laborer Billy Cox (from $10.17 hr.) to $12.50 hr.:
(Cox Salary Increase)
Community Development & Planning:
j) Accept Building Report for March 2004
k) Allow Terry Agar to attend International Code Council seminar on Commercial Electrical Principles and Code Applications in Pensacola, FL on June 9-11, 2004, prepay $359.00 registration fee and pay all other reasonable and actual expenses
l) Request funding assistance from Jackson County Board of Supervisors for East Beach and Front Beach drainage repairs as outlined in memo dated April 14, 2004:
(Beach Drainage)
m) Accept Planning Commission recommendation with regard to the following:
1. BJC, LLC – Lot Split – Property on North Side of Davidson Rd., 830 ft. west of Halstead Rd.:
(BJC Documents)
2. Gerald Strength – Lot Configuration – 3217 Cumberland Rd.:
(Strength Documents)
n) Accept Historic Preservation Commission recommendation with regard to the following:
1. Roma Gail Smith – COA at 918 Porter Ave.:
(Smith COA)
2. John and Sue White – COA at 110 Shearwater Dr.:
(White COA)
3. Guy and Betty Walker – COA at 502 Rayburn Ave.:
(Walker COA)
Risk Manager/HR Director:
o) Terminate contract with MEA Drug Testing Consortium and authorize payment of any outstanding drug/alcohol-testing bill and pay pro rata share of $125.00 administration fee through May 2004 ($52.10); authorize use of CS Med Analysis for drug/alcohol-testing for City:
(CS Med Analysis Memo)
City Attorney:
p) Pay City Attorney’s bill for March 2004 ($3,537.50)
Miscellaneous:
q) Ratify transfer (reallocation) of Tidelands Funds from Fort Bayou Pier Project to Fishing Bridge Improvements Project:
(Tidelands Funds Transfer)
r) Release 3rd quarter community promotion funding ($6,250.00) to Ocean Springs Chamber of Commerce for advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Ocean Springs:
(Chamber Letter)
Items c, f and q were removed from the Consent Agenda for further consideration.
Motion by Jalanivich, seconded by Carvin, to approve the Consent Agenda, excluding items c, f and q.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
At this time item f of the Consent Agenda was taken up for consideration.
Alderman Jalanivich asked the Police Chief about his reasons for switching cellular phone service from Cellular South to Nextel. The Police Chief said that he hoped it would reduce some of the cost for cellular phone service and would allow for secure radio communications.
Motion by Jalanivich, seconded by Cody, to approve item f of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Fire Dept.
Alderman Jalanivich reported that he had seen a unique emergency alert system at the National Hurricane Conference and was obtaining information on it. He suggested the City look into getting its own personal system and asked the Fire Chief for an update on what type of systems were available. Alderman Jalanivich asked how quickly residents would be notified to evacuate in the instance of a train derailment. The Fire Chief replied that it would take approximately 15 minutes to get the pre-recordings into the Jackson County system after the need was determined and it was dependent upon the number of homes to be notified. He said that there were 8 designated telephones in Pascagoula set aside for that purpose. He told the Board that there were some programs that would allow one to call into a bank system that could make thousands of phone calls a minute with a prerecorded message. He added that Jackson County had their own bank phone system in the Civil Defense office. Alderman Jalanivich asked if he saw a need for the city to have its own alert system. The Fire Chief replied that he did not see a need at this time, but added that he would research the issue further. Alderman Jalanivich asked that citizens be updated on the usage of the current system.
Alderman Gill asked that pets and animals be included in the community’s overall hurricane disaster plan. Veterinarian Chris Duke was present and suggested that having identification on animals and having a plan of action or contingency plan ready would help. Alderman Gill noted that some cities were setting up community kennels for that purpose. Dr. Duke and the Fire Chief were going to work together and come back to the Board with a plan.
Alderman Jalanivich asked about the status of the Hwy 90 east water and sewer extension project. The City Engineer reported that in order to get quotes for an appraiser, he had to prepare a map that showed the entire size of the parcel, as the cost changes depending upon the number of large parcels versus small parcels. Alderman Jalanivich wanted to fast track the project because he felt the city was losing a lot of business and tax revenue. The City Engineer said a proposal would be presented at the next meeting. He said that there were more than 40 parcels of property involved and that the appraisals were expected to be complete within 90 days of start due to required meetings with property owners. The City Attorney said the timeframe was not only due to the magnitude of the property owners involved, but also the magnitude of the project. He felt it would advantageous for the Board to hold a work session with the residents present and go over at that time exactly what the project was, what it would entail and why, and the advantages and disadvantages. Alderman Jalanivich wanted to be ready to set the date for the meeting as soon as a letter of engagement was approved. The City Engineer told the Board that certain guidelines must be followed in order not to jeopardize future funding.
At this time item q of the Consent Agenda was taken up for consideration. Mayor Ainsworth said that he had been contacted by the city’s tidelands consultant, Joe Gill, who had been requested by a representative of DMR and legislators that the money be transferred from the Fort Bayou Fishing Pier Project (Percy Miller Marine Park) to another project if the money was not going to be used, or the city would stand the chance of losing it. He said that since action needed to be taken quickly, he submitted a form to transfer the money to the Fishing Bridge Improvements Project and was requesting the Board ratify the transfer or alter it. Alderman McDonnell said he removed the item from the Consent Agenda because it was not known how much money it would take to finish the Fort Bayou Fishing Pier Project. He said he would prefer to finish the Fort Bayou Fishing Pier Project with tidelands funds and then transfer the remaining money over to a project the Board would all agree to. Alderman Gill said that he had met with several Aldermen and the Fort Bayou Civic Association and explained what would be involved with phase II of the Fort Bayou Fishing Pier Project. He asked that he be allowed to meet with the City Engineer to determine what was going to be accomplished and authorize the City Engineer to begin drawing up the plans.
Motion by Gill, seconded by Jalanivich, to authorize the City Engineer to begin drawing up plans for phase II of the Percy Miller Marine Education Park (Fort Bayou Fishing Pier Project) and to authorize the Mayor to execute the transfer of all unneeded funds for the project to the Fishing Bridge Improvements Project.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Alderman Cody asked about the status of the Oak Park Elementary School and Holcomb Blvd. drainage project. The City Engineer said that Public Works had just completed a major project on Hastings Rd. and was now ready to move into the project. The Public Works Director said he was going to send a crew to the school and also start the project on Pine Lake Court tomorrow. He reported a serious problem on Ruskin Ave. that involved the installation of 360 ft. of 8 in. sewer line, which he hoped to start on this week.
Alderman Jalanivich asked if the Public Works Director could clean the ditch running east and west on the Oak Park School property. He replied that state law changed and would not allow cities to do work on school property unless it was a joint school and city bereavement. The City Attorney said he did not know if an interlocal agreement was required, but that if the Board were to authorize the city to work with the school district to the end result of cleaning the ditch, then that would be sufficient authority to get the process going.
Motion by Jalanivich, seconded by Cody, to authorize the city to work with the school district in cleaning the ditch that runs east and west on the Oak Park Elementary property.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Alderman Jalanivich volunteered to contact the Ocean Springs School Board to get a similar motion from them on the issue.
The Public Works Director reported that Mississippi Water Quality Control representatives had accepted the Pine Dr. water tank and that it had been active for about 3 weeks. He added that the engineers, Moran, Seymour & Associates and Bob Luardini, were back today and had met, and that the City would be getting a letter of acknowledgement.
He also reported that he had met with the City Planner and Cellular South about moving their antenna from the City Hall water tank to the Pine Dr. water tank. The City Planner said that the other cellular phone company whose antenna was located on the City Hall water tower had been put on notification to remove their equipment prior to June 15th.
(CSX Invoice)
Motion by Jalanivich, seconded by Carvin, to pay the invoice from CSX Transportation in the amount of $128.00 for the Sunplex sewer line easement that crosses under the railroad tracks at Ocean Springs Rd.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
(Twin L Construction – Contract Renewal)
Motion by Cody, seconded by Jalanivich, to renew the contract with Twin L Construction for a period of 6 months for concrete sidewalk rehabilitation construction.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
The City Planner announced that the advertisement for bids for the City Hall parking lot improvements was being published and that the project would be funded by a grant from the Mississippi Forestry Commission. He also announced that the Government St. improvements project by Fallo’s Cleaners and Barnett Bros. would begin in the next few weeks.
The City Planner addressed the issue of demolition permits. He suggested the Board consider a 60 day moratorium on the demolition of any structure in the City to allow time for development of a policy for public notification that would exclude any buildings determined by the Building Official to be unsafe and of immediate emergency.
Motion by Jalanivich, seconded by McDonnell, to place a 60 day moratorium on the demolition of any structure in the City to allow time for the development of a policy for public notification, but to exclude any buildings which are determined by the Building Official to be unsafe and of immediate emergency.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Alderman Jalanivich reported a problem with vagrants at the old Allman Restaurant property and asked that the Police Dept. patrol the area more frequently.
Motion by McDonnell, seconded by Jalanivich, to authorize the City Clerk to advertise for bids for two entrance signs (gateways), one at Hwy 57and east Ocean Springs and one at the corner of Washington Ave. and Hwy 90.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Alderman Gill reported that the Fort Bayou Estates Homeowners Association had requested the City install subdivision entrance signs with landscaping at Guilford and at King Henry/Ocean Springs Rd. He said that the projected cost of the two signs would total $880.00 and the landscaping would cost about $400.00.
Motion by Gill, seconded by Jalanivich, to spend $1,200.00 from the Ward 6 capital improvements account for entrance signs with landscaping at Guilford and at King Henry and Ocean Springs Rd.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
The City Planner reported that he was going to work with the Mississippi Forestry Commission to individually assess the trees on Washington Ave. and put together a maintenance plan for the trees. He said that the city might be able to use a portion of the grant money to do the maintenance. He added that a professional tree company would be doing the assessment and that he would review the scope of the project to monitor the cost.
The Risk Manager reported that the records in her office had been reviewed by the City’s insurance agent of record and were in compliance with the new HIPAA law.
Alderman Cody said that a group had requested use of the Marble Springs property on May 8, 2004, from 9:00 a.m. to 5:00 p.m., but suggested that Fort Maurepas may be a more appropriate place. He wanted to refer the issue to the Police Chief for review and report back to the Board.
(Quarstein Invoice)
Alderman Lloyd questioned the legality of the invoice from Fort Maurepas consultant John Quarstein since the work was done outside of the timeframe of the contract. The City Attorney replied that the fact that he was delayed in doing the work and that the City was delayed in paying for it did not invalidate the contract itself and that it was a proper expenditure.
Motion by McDonnell, seconded by Carvin, to pay the invoice from consultant John Quarstein in the amount of $1,101.99 for travel expenses related to his contract regarding Fort Maurepas.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Dalgo
Carl Hamilton’s appeal of the Tree Committee’s decision at Lot 71 Maurepas Landing was removed from the agenda based on the following information submitted by the City Planner.
(Hamilton - Tree Committee Decision – Maurepas Landing)
At this time discussion was held regarding the proposed revised rental facilities guidelines for the Civic Center and Community Center. The Rental Facilities Director, Mayor’s Secretary and City Attorney were asked to review the guidelines and report back to the Board at the next meeting.
Motion by Jalanivich, seconded by McDonnell, to send a letter to Jackson County requesting funds and/or in-kind services for installation of roads and clearing of the proposed sports complex property, upon receiving the necessary permits to move forward with the project.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Claire Brou asked that her item regarding Sunset Beach Apartments be deferred until the next meeting. She requested a speed bump be installed in the vicinity of her home on 313 Jackson Ave. due to a speeding problem. The City Planner was asked to review the area to determine if it meets the criteria. Ms. Brou complimented Public Works on their efforts in keeping Evergreen Cemetery clean. Lastly, she requested the Board use their microphones during council meetings.
The City Planner was asked to review the area at Walnut Dr. and Linda Cir. to determine if it warranted the installation of a speed bump.
At this time Attorney Ashley Hendren, on behalf of Ambrose Fusco, presented the following petition requesting the demolition or renovation of the property located at 1118 I’berville Dr.
(Petition)
Ms. Hendren asked that the Historic Preservation Commission make a preliminary determination as to whether or not the property fell within the requirements of Section 17-53 of the Ocean Springs Code of Ordinances, and if so, direct the Historic Preservation Commission to request that the Building Official notify the property owner, Richard Schmidt, of their findings and require him to correct the problem or demolish the building within 30 days. Alderman Jalanivich asked that the matter be tabled for two weeks because the property had a prospective purchaser who would renovate the building as soon as the Historic Preservation Commission grants permission. Ms. Hendren felt waiting for the new property owner to go through the process would delay the issue for quite some time. The City Planner said that sometimes demolition of a structure is not the best and most appropriate method. He asked that it be presented to his department to begin the formal process. He said that the Building Official had contacted Mr. Schmidt to let him know a petition was being circulated and if he wanted to take any preliminary action to remedy it himself. He said the matter was going before the Historic Preservation Commission and they would act upon it appropriately. Ms. Hendren advised the Board that the Historic Preservation Commission had complete authority under the ordinance to direct the Building Official to send the letter and that the Building Official was not needed to do an investigation. Mr. Schmidt was present and addressed the Board stating that the building had only been vacant for about 1-˝ years and was for sale and currently in negotiations. He asked who the ruling authority was and was told by the City Planner that it was the Historic Preservation Commission, however, that the ultimate decision would have to be ratified by the Board of Aldermen.
Motion by Lloyd, seconded by Cody, that the Building Dept. follow up on the complaint as presented and act accordingly as is done on any other complaint.
VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Dalgo
Aldermen Jalanivich,
McDonnell and Carvin recused themselves at this time.
The request by the Ocean Springs Elks Lodge for $2,500.00 in community promotion funds was tabled until the next meeting because there was no quorum for a vote.
Aldermen Jalanivich,
McDonnell and Carvin returned to the meeting at this time.
(Bellman Resignation)
Motion by Jalanivich, seconded by McDonnell, to accept the resignation of Park Commissioner Joseph Bellman.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
(Ocean Springs Athletic Foundation – Request for Funds)
Motion by McDonnell, seconded by Gill, to provide $700.00 in community promotion funds to the Ocean Springs Athletic Foundation for advertising and bringing into favorable notice the assets and attributes of the City of Ocean Springs, and to amend the budget to move $500.00 of the money from Ward 2 capital improvement funds and $200.00 from Ward 6 capital improvement funds to pay for the expenditure.
VOTING AYE Alderman Lloyd, McDonnell, Cody, Carvin and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
ABSENT AND NOT VOTING Alderman Dalgo
Motion by Jalanivich, seconded by McDonnell, to budget $60,000.00 in FYE 2005 for the roadwork at Hwy 90 and Ocean Springs Rd.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
(Special Olympics Letter)
Motion by Jalanivich, seconded by Cody, to provide $500.00 in community promotion funds to the Mississippi Special Olympics for advertising and bringing into favorable notice the assets and attributes of the City of Ocean Springs, and to amend the budget to move the funds from the Alderman at Large capital improvement account to the community promotion account to pay for it.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Architect Henry Furr asked for an update on where the City was with regard to the America’s Thrift Store request for a sign permit. The City Planner thought that the issue would have to go before the Zoning and Adjustment Board. He said that the request by America’s Thrift Store was for a sign of approximately 180 sq. ft. on the old K-Mart building. He said that 80 sq. ft. was the maximum allowed under the existing sign ordinance and that the Zoning and Adjustment Board could only grant up to a 20% variance. He said that the sign ordinance had been reassessed and that his department was working to come up with a more favorable sized sign for the structure. He stated that his department could not grant a variance or request that did not conform to the ordinance. Alderman Jalanivich felt there should be an allowance in the sign ordinance for buildings that were set further back from the highway and that they should be addressed on a case by case basis. Mr. Furr said that they wanted to use the same sign from the old location at the new location. Alderman McDonnell asked if the old sign could be grandfathered in and asked that the issue be addressed in the ordinance to allow a sign to be transferred from one building to another like building in order to utilize the same sign. The City Planner replied that by allowing non-conforming signs to be readily moved, the city would never have the opportunity to get rid of the signs that do not comply with the sign ordinance. Alderman Gill asked if there was a hardship clause in the ordinance. The City Planner replied that there was not and that an 8’x10’ sign was the largest sign they could have under the current ordinance. He said his department had been reviewing the sign ordinance and hoped to have a recommendation to the Planning Commission and then to the Board in May, which would give them some relief.
Motion by Lloyd, seconded by Carvin, that the Building Dept. upgrade the sign ordinance to be more conducive to the size building the signs would be placed on and the distance from the road, and that a report be made back to the Board with a recommendation for review and approval.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
An unidentified member of the audience complained about speeding on Linda Circle and requested speed bumps be installed. He said that the problem had gotten worse since the street had been paved. Alderman Cody advised that the issue was being reviewed by the City Planner and that in the meantime, the Police Dept. would be monitoring the area more closely.
Motion by Cody, seconded by Carvin, to go into Closed Session to determine the necessary for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Motion by Cody, seconded by Gill, to go into Executive Session to discuss the potential sale of city property, potential litigation, annexation litigation, and personnel matters in Public Works.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Recording Clerk Patty Gaston announced to the audience that the Board had elected to go into Executive Session to discuss the potential sale of city property, potential litigation, annexation litigation, and personnel matters in Public Works.
The Executive Session began at 8:15 p.m. and ended at 9:15 p.m.
Motion by McDonnell, seconded by Carvin, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Motion by Jalanivich, seconded by Cody, to pay John Groue $15.00 per hour, effective immediately.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
(Bancorp South Letter)
Motion by McDonnell, seconded by Cody, to accept the letter from Bancorp South opposing the closing of the Church St. railroad crossing.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
MAIN MOTION by McDonnell, seconded by Lloyd, that the city form a subcommittee to interface with the City Planner, Architect, Mayor, City Attorney and Management Board of the Mary C. O’Keefe Cultural Center for purposes of continual coordination and expediting the overall completion of the project.
AMENDED MOTION by McDonnell, seconded by Lloyd, that the subcommittee consist of Aldermen Jalanivich, Cody and McDonnell.
AMENDED MOTION VOTING AYE ALL
AMENDED MOTION VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
MAIN MOTION VOTING AYE ALL
MAIN MOTION VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
Motion by Lloyd, seconded by Carvin, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Dalgo
______________________________ _____________________________
City Clerk Mayor
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