A Regular Meeting of the
Mayor and Board of Aldermen of the City of Ocean Springs was
called to order by Mayor Ainsworth at
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
Mayor Ainsworth presented the following proclamation to Ms. Varney of Goodwill Industries and proclaimed the week of May 2-8, 2004, as Goodwill Industries Week in the City of Ocean Springs.
(Proclamation)
Mayor Ainsworth presented the following proclamation to employees representing the Public Works Dept. and proclaimed the week of May 16-22, 2004, as National Public Works Week in the City of Ocean Springs.
(Proclamation)
Henry Furr, President of the Ocean Springs Chamber of Commerce, presented the following map and gave an oral presentation of the Chamber’s proposed “Walkable Ocean Springs” project.
(Ocean Springs Pedestrian Project Map)
He said that the Chamber’s community development committee, with assistance from the Planning Dept., had reviewed the entire town, including schools, parks and other significant notes of interest and attempted to develop a master plan for sidewalks and pedestrian crossings to connect all of those things together. He suggested pedestrian crossings that would connect Fort Bayou and Culeoka Subdivisions to the south side of Hwy 90. He also suggested a crossing to connect Maurepas Landing Subdivision and I’berville Dr. to the south side of Hwy 90 at the Martin Luther King, Jr. or Holcomb Blvd. intersection, and a crossing to connect Hanshaw Rd. across Hwy 90 to Trentwood Subdivision. He believed that if an overall plan had been developed and sidewalks were installed up to the Hwy 90 intersections, MDOT would be required to put in the signalization for pedestrian crossing. He also felt that the city would be able to apply for grants or other funding to accomplish the crossings and remainder of the project. When asked to prioritize the areas for sidewalks, Mr. Furr suggested Ocean Springs Rd. be considered first. He said that the committee’s next step was to do an inventory of existing sidewalks, followed up by grading them and then working with the city to prioritize the areas and work towards the project’s ultimate goal.
City Clerk:
a) Approve Minutes of Regular Meeting of April 6, 2004
b) Pay Docket of Claims and spread docket summary upon the Minutes:
(Claims Docket)
c) Allow Purchasing Agent to attend 2nd Quarterly Meeting of MAGPPA in Biloxi on May 14, 2004 and prepay $5.00 registration fee
d) Authorize Mayor to sign Answer in title confirmation suit: AVATAR, LLC vs. City of Ocean Springs, et al, Cause No. 2004-0737-PW (Parcel No. 61133191.000)
Police Dept.:
e) Allow Detectives Bruce Spearnock and Jason Krohn to attend “Eyewitness Evidence/Death Investigation” class in Biloxi on May 13-14, 2004, prepay registration fee ($250.00 each) and pay all other reasonable and actual expenses
f) Authorize payment of $165.00 to Ocean Springs Family Medical Clinic for complete physical on Officer Keith Havard (physical required for attendance at FBI Academy):
(Physical Invoice)
g) Approve Doug Nelson as Police Reservist for City of Ocean Springs:
(Reservist Memo)
Fire Dept.:
h) Allow Lt. Terry Webb to attend FEMA course on Interview/Interrogation Techniques at National Emergency Training Center in Emmitsburg, MD, on June 14-25, 2004, and pay all reasonable and actual expenses (travel and course fee to be reimbursed to City by FEMA)
i) Allow Firefighter Adam Roe to attend HOT training course in Anniston, AL, on June 1-4, 2004, and pay all reasonable and actual expenses as requested
j) Authorize Fire Chief to begin process to pay off E-1 2001 pumper truck ($147,196.55) and give required notice to Federal Signal Leasing Corporation:
(Fire Truck Pay-off Memo)
City Engineer:
k) Approve Pay Request No. 6 from B&B Electrical and Utility Contractors, Inc.($15,539.91) regarding Holcomb Blvd. & U.S. Hwy 90 Improvements, STP-9069-0(002) and release payment upon receipt of funds from MDOT:
(B&B Invoice)
l) Approve Pay Request No. 10 from Compliance EnviroSystems, LLC ($91,771.69) regarding Sanitary Sewer Evaluation Survey:
(Compliance Invoice)
Public Works:
m) Authorize Public Works Director and City Engineer to apply to Army Corps of Engineers for $3,500,000.00 Section 592 Grant (75-25%) and authorize Mayor to execute any and all necessary documents:
(Grant Application Request)
n) Award term bid for Pre-cast Sanitary Sewer Manholes to Hanson Pipe and Products, Inc. at unit prices outlined in bid:
(Manholes Bid Award)
o) Authorize Danny Spicer to attend 50th Annual Water Supply and Pollution Control Short Course in Starkville in place of Johnny Groue
Community Development & Planning:
p) Accept recommendation that development (ABC Daycare expansion) pay $777.50 for capacity consumption fee and all necessary tap fees at permitting, and pay water/sewer rate of 1.5 times the rate of city residents:
(Capacity Consumption Fee – ABC Daycare)
q) Grant exemption of Water Impact Fees to developer Carl Hamilton regarding Lot 20, The Vineyard Subdivision:
(Hamilton Water Impact Fee Exemption)
r) Allow Code Enforcement Officer to take certified Commercial Plumbing Inspectors Examination in Biloxi on August 14, 2004, prepay $225.00 examination fees and pay all other reasonable and actual expenses:
(Exam)
s) Pay invoice from C. Germany Architects ($872.00) for architectural services regarding brick crawlspace vents at Mary C. O’Keefe Cultural Center:
(Germany Invoice)
Miscellaneous:
t) Accept Motion for Witness Expenses and Order Allowing Witness Expenses regarding City of Ocean Springs vs. Jennifer Ann Langfeld, and pay $551.00 to Lisa Bradley as outlined:
(Motion & Order for Witness Expenses)
u) Allow any and all elected officials, department heads and City Attorney to attend 73rd Annual Mississippi Municipal League Conference in Biloxi on June 28-July 1, 2004, and prepay registration fees
Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda as presented.
VOTING AYE ALL
VOTING NAY NONE
(MSA Invoice)
Motion by Jalanivich, seconded by Cody, to pay invoice no. 11053 ($5,380.00) from Moran, Seymour and Associates regarding the sidewalk project on Government St.
VOTING AYE ALL
VOTING NAY NONE
Fire Dept.
Motion by Jalanivich, seconded by Cody, that the Mayor, Fire Chief, Police Chief, and Aldermen Jalanivich, McDonnell and Cody be allowed meet and develop a recommendation for changes to the bonfire permitting policies and procedures.
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Carvin, to authorize the City Clerk to advertise for bids to rotate the Heron Bayou Bridge and sidewalk with specifications provided by the City Engineer.
At this time discussion was held regarding the motion. The City Engineer estimated the cost of the project to be about $20,000 - $30,000, with a total construction time of about 2-3 weeks. He said that this method appeared to be the least expensive for continuity of the sidewalk on Government St. Alderman Dalgo reported that Jackson County was ready to issue a check for $9,000.00 for the project and that their contribution, combined with the remaining Government St. sidewalk project funds, would be sufficient to accomplish the project. Mayor Ainsworth call for a vote, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Motion by Dalgo, seconded by Cody, to authorize the City Clerk to prepare a budget amendment to accept the $9,000.00 from Jackson County for the Heron Bayou Bridge sidewalk project.
VOTING AYE ALL
VOTING NAY NONE
Alderman Gill asked that he and the City Engineer be allowed to review the property in Fort Bayou that was donated to the city by the county to determine what drainage work was needed to start building a park. Alderman Lloyd asked that the Parks Superintendent be included in the review process.
Alderman Cody asked about the status of the Oak Park drainage issue. The Public Works Director reported that the City Attorney had contacted the School District’s attorney and the result was that there was no legal authority for the City to do any work on school property. He added that the City Attorney had advised him that the only two things the City could do was (1) give land to the school or (2) give it money to operate the school system. He said that there was no provision in the law for the City to even give the school system culvert, asphalt or any other materials. The Public Works Director advised the he was going to install culvert in the City’s easement to help drain the area.
Alderman Cody reported that John Burra of 431 Bechtel Blvd., Apt. No. 34 had complained about a problem with the ditch on Bechtel Blvd. behind Westgate Apartments and provided pictures of the area to the Public Works Director. Alderman Cody asked that the Public Works Director review the matter with the City Engineer and report back to the Board with a proposal to fix the problem.
Motion by Cody, seconded by Jalanivich, to authorize the City Engineer to work with the Public Works Director to determine what needs to be done to correct the problem with the ditch on Bechtel Blvd. behind Westgate Apartments and report back to the Board with a recommendation.
VOTING AYE ALL
VOTING NAY NONE
(Myers & Co. Proposal)
Motion by Jalanivich, seconded by Cody, to accept the proposal from Myers & Company, Inc. to provide appraisal services for the proposed easements regarding the Hwy 90 water and sewer extension project.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to retain the services of Virgil Gillespie for legal representation regarding easement acquisitions at the rate of $150.00 per hour, subject to receipt of an acceptable letter of engagement.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, to authorize the Mayor to execute all appropriate documentation related to the easement acquisitions, including establishing a time and date for a meeting with the property owners.
VOTING AYE ALL
VOTING NAY NONE
(Funding for Modification of G. Pershing/Porter)
Alderman McDonnell wanted to see what the impact was from installation of the speed humps and asked that traffic counts and speeds be obtained and reviewed before making any modifications to the intersection of General Pershing and Porter Ave.
Motion by McDonnell, seconded by Gill, to obtain traffic counts and speeds before proceeding with modifications to the southwest turning radius at the intersection of General Pershing and Porter Ave.
VOTING AYE ALL
VOTING NAY NONE
The City Planner reported that the old Allman Restaurant property was currently under contract for sale and would close in August, and that the new owner would demolish the building at that time. He said that in the meantime he would make sure the property was kept in a clean manner. Aldermen Jalanivich and McDonnell did not want to wait until August because of safety concerns and vagrants in the area. The City Planner felt it was in the best interest of the City to wait the 3 months and allow the new owner to handle the matter. Alderman Gill noted that the building had been an eyesore for a long time and wanted to proceed with demolition as well.
Motion by Jalanivich, seconded by McDonnell, to initiate the lot cleaning process on the Allman property on Hwy 90 at the foot of the Ocean Springs-Biloxi Bridge.
VOTING AYE ALL
VOTING NAY NONE
The City Planner stated that redistricting proposal 5 had been modified at the last work session resulting in proposal 5A, which was further modified, creating proposal 5B. He presented proposals 5A and 5B to the Board for consideration. Alderman McDonnell asked if the redistricting committee had reviewed both proposals 5A and 5B. The City Planner replied that 6 members of the redistricting committee were present at the work session, but that the committee as a whole had not reviewed the proposals. He offered to send the both proposals back to the committee if the Board desired. He asked that if the Board wanted the redistricting consultant, Neel-Schaffer, to be involved that an amendment to their contract might be necessary. Mayor Ainsworth suggested that the matter be referred back to the redistricting committee for review. Brad Bradford and Sgt. Laverm Young, members of the redistricting committee, were present in the audience and said that they had reviewed proposal 5A, but had not reviewed 5B. They asked that the committee be allowed to review both proposals before a decision was made. Mayor Ainsworth said he would call Neel-Schaffer to ask if they would come back free of charge for one more meeting. Alderman Lloyd was ready to move forward with the redistricting due to time restraints in getting approval from the Justice Dept., and wanted to move forward with proposal 5A, as it had already been reviewed by the redistricting committee.
Motion by Lloyd, seconded by Dalgo, to approve Redistricting Proposal 5A as presented.
VOTING AYE Aldermen Lloyd and Dalgo
VOTING NAY Aldermen Jalanivich, McDonnell, Cody, Carvin and Gill
THE MOTION FAILED.
Motion by Gill, seconded by Cody, to send redistricting proposals 5A and 5B to the redistricting committee for review and final recommendation.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to allow the Mayor to authorize payment if necessary to Neel-Schaffer to assist with additional review of the redistricting proposals.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Gill, to authorize the City Clerk to advertise bids for entrance signs (gateways) at Hwy 90 and Washington Ave. and at Hwy 90 and Hwy 57.
VOTING AYE ALL
VOTING NAY NONE
Mayor Ainsworth reported that Matthew Avery of the Council of Governments had requested that the 4 cities and Jackson County collectively seek proposals for health insurance in an effort to reduce the cost of insurance. He said that the cost for preparing the request for proposals (RFP’s) was $5,000.00 and was asking the Board to contribute the city’s share of $1,000.00.
Motion by Lloyd, seconded by Cody, to contribute $1,000.00 to go out for RFP’s for health insurance with Jackson County and its four cities.
VOTING AYE ALL
VOTING NAY NONE
Alderman McDonnell reported that there were 40 residents of Ward 2 present at the meeting held regarding the proposed birding trail. He said that the residents were concerned that a birding trail at Fort Maurepas would add traffic, pollution and noise to the area. Mayor Ainsworth informed the Board that the Fort Maurepas site had been removed from the birding trail.
Motion by McDonnell, seconded by Gill, to approve the removal of the Fort Maurepas area from the birding trail.
VOTING AYE ALL
VOTING NAY NONE
(Resolution Reaffirming the City of Ocean Springs’ Participation in the Jackson County Solid Waste Plan Update and Rewrite)
Mayor Ainsworth announced that the garbage collection contract with BFI would expire July 31, 2004, and that BFI had made a verbal offer to extend the current contract for one year at a cost of 10 cents more per household per month.
Motion by Jalanivich, seconded by Carvin, to go out for RFP’s for garbage collection service and recyclables.
At this time discussion was held regarding the motion. Alderman Cody asked that the RFP’s include several different options for pickup such as 2 weekly pickups and possibly relocating the recyclables to several areas in town instead of collecting door-to-door. Mayor Ainsworth was concerned that problems would result from centralized recycling areas if the areas were not fenced, and that the areas would need to be manned during operation. He said that he would prepare the RFP’s for review at the next meeting. Mayor Ainsworth called for the question, said vote being as follows:
VOTING AYE ALL
VOTING NAY NONE
Claire Brou of 313 Jackson Ave. read aloud a written statement expressing her concerns regarding the numerous police reports at Sunset Beach Apartments and the 3-story condominiums proposed for the site.
Aldermen Jalanivich, McDonnell and Carvin recused themselves at this time.
(Ocean Springs Elks Lodge – Request for Community Promotion Funds)
Motion by Gill, seconded by Cody, to provide $2,500.00 in community promotion funds to the Ocean Springs Elks Lodge No. 2501 for advertising and bringing into favorable notice the assets and opportunities of the City of Ocean Springs at the fishing rodeo.
VOTING AYE Aldermen Lloyd, Cody, Dalgo and Gill
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Aldermen Jalanivich, McDonnell and Carvin
Aldermen Jalanivich and McDonnell returned to the meeting at this time.
(Revised Rental Guidelines)
Motion by Jalanivich, seconded by Cody, to adopt the revised rental guidelines for the Civic Center and Community Center.
VOTING AYE ALL
VOTING NAY NONE
TEMPORARILY ABSENT AND NOT VOTING Alderman Carvin
The matter concerning Evergreen Cemetery was held over until the next meeting.
Mayor Ainsworth reported that the matter concerning the reallocation of Tidelands Funds had already been taken care of.
The matters regarding Sports Complex and Alert System were held over until the next meeting.
Alderman Carvin returned to the meeting at this time.
Motion by Gill, seconded by Cody, to remove Hurricane Conference/Community Disaster Plan for Animals from the agenda.
VOTING AYE ALL
VOTING NAY NONE
(Terry Gibbs – Community Promotion Funds for OSHS Future Business Leaders of America)
Motion by Jalanivich, seconded by Gill, to provide $1,500.00 in community promotion funds to the Future Business Leaders of America Ocean Springs High School Club for advertising the assets and attributes of the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
Peggy Blanchard addressed the Board with concerns about police speed chases in neighborhoods. She outlined a recent incident involving a speeding police chase in her neighborhood involving a stolen vehicle that clipped a car, came through her neighbor’s yard causing about $5,000.00 damage, and then came through her shrubbery. She asked if a policy exists that prohibits high-speed chases in residential neighborhoods unless it is a life-threatening situation. The Police Chief replied that the police dept. has a police pursuit policy and that there are some state guidelines that will go into effect July 1st governing having such a policy. He explained that with regard to the incident in question, the officer involved had tried to stop the vehicle by putting on his lights and siren and that the officer’s speed never exceeded 35-40 mph on those streets, and that all the criteria had been met for the pursuit.
Appointment to the Park Commission was held over until the next meeting.
Sgt. Laverm Young expressed his appreciation for the Public Works Dept., as they had helped him numerous times with drainage problems and other issues. He said he appreciated the procedures they have in place and how they perform in emergencies. He also addressed the Board about the state delaying improvements to the Ocean Springs Rd. area and asked if there was anything the city could do to move the project along. Mayor Ainsworth replied that the city, county and hospital had committed funds to move forward with the project. Alderman Gill suggested the Mayor draft a letter to Wayne Brown stating the Board’s concerns about not supplying the $1.2 million for the project.
Parks Superintendent Damian McKay reported that the walking track would be complete in a few weeks and that they were looking at locating some exercise equipment with remaining funds. He also said that they would be replacing the damaged grass with some Bermuda grass. He said he did not know if there would be sufficient funds remaining to construct the restrooms.
Mr. McKay also reported that the Park Commission had discontinued its plans for restrooms at the Little Children’s Park due to the cost of the project and lack of available funds, and the objections from area residents. Alderman McDonnell stated that a retired craftsman had volunteered to provide all of the masonry services at no cost and asked Mr. McKay to meet with the Public Works Director and the craftsman before deciding to discontinue the project.
Motion by Jalanivich, seconded by Carvin, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Dalgo, to go into Executive Session to discuss personnel in Planning, Police, Supervision & Finance and Risk Management/HR, and litigation.
VOTING AYE ALL
VOTING NAY NONE
The Deputy City Clerk announced that the Board had elected to go into Executive Session to discuss personnel in Planning, Police, Supervision & Finance and Risk Management/HR, and litigation.
The Executive Session began at 8:00 p.m. and ended at 8:55 p.m.
Motion by Gill, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McDonnell, to authorize the Police Chief to spend overtime monies to patrol the beach on weekends.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by Jalanivich, to recess until 6:00 p.m. on May 18, 2004.
VOTING AYE ALL
VOTING NAY NONE
______________________________ _____________________________
City Clerk Mayor
________________ ________________
Date Date