RECESS MEETING OF JANUARY 18, 2005

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a recessed meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on January 18, 2005. Mayor Seren Ainsworth presiding; Aldermen Lloyd, McDonnell, Cody, Jalanivich, Dalgo, Carvin and Gill present. Also present was City Attorney John Edwards and Recording Clerk Patty Gaston.

Alderman Cody gave the Invocation.

John Sutton Scout member of Troop 271 led the Pledge of Allegiance to the flag.

Upon request by City Attorney Motion was made by Alderman Cody, seconded by Alderman Jalanivich to go into closed session to determine the necessity to remain in executive session. Motion carried unanimously.

Motion by Alderman Jalanivich, seconded by Alderman Cody to go into Executive Session to discuss potential and current litigation matters and personnel matters. Motion carried unanimously.

At 6:35 p.m. Alderman Jalanivich made a Motion, seconded by Alderman Carvin to resume the recessed session. Motion carried unanimously.

Mayor Ainsworth presented a Resolution recommending the hiring of former City Clerk Adrienne Howell on a 90 day temporary basis with Civil Service approval at the annual salary of $49,004.00 with a starting date of January 24, 2005. Motion was made by Alderman Jalanivich, seconded by Alderman Gill. Motion carried unanimously.

Motion was made by Alderman Gill, seconded by Alderman Jalanivich to discuss Item 4c under Community Development and Planning since a lot of citizens were present to discuss the item. Motion carried unanimously. After much discussion and listening to presentations by Doug Molyneaux, a member of Fellowship Church, expressing the Church’s intentions and Randall Turner, owner of the UPS Store, expressing the reasons he opposes granting the special use permit, Alderman Cody made a Motion, seconded by Alderman Dalgo to grant the Special Use Permit with the recommendations of City Planner Scruggs. The motion carried with a vote of five ayes and Alderman Lloyd and Carvin voting nay.

Motion made by Alderman Gill and seconded by Alderman Jalanivich to request MDOT to take a look at adding a turn signal to the light on Hwy. 90 in front of the Seashore Plaza. Motion carried unanimously.

Consent Agenda

At this point the Mayor returns to the Consent Agenda and pulls items v and t. Motion was made by Alderman Dalgo, seconded by Alderman Carvin to approve the Consent Agenda except items v and t. Alderman Jalanivich abstained from voting. Motion was carried.

Department Reports

City Clerk

No report.

Police Department

Represented by Deputy Chief George Mulvaney No report.

Alderman Lloyd requests the Police Dept look into the parking problem on Sunday Mornings in front of the First Baptist Church located on Porter Street and report back with recommendations.

Alderman Lloyd pointed out that the Police Reserves had donated 5524 hours in volunteer time for the year of 2004. Motion was made by Alderman Lloyd, seconded by Alderman McDonnell that a letter be written and signed by each board member thanking each reserve member for the hours which was donated. Motion carried unanimously.

Fire Department

Represented by Deputy Chief Pat Williams. No report.

Human Resources and Risk Management

No report.

City Engineer

David Compton, City Engineer, reported that MDOT has given permission to advertise the STP Project from Washington to Pine.

Alderman Jalanivich asked for a report of Ashley Place. Mr. Compton reported the plans were in and approved by public works and we were on schedule for constructing.

Alderman Gill requested a report on the Water Tower at Fort Bayou. Mr. Compton reported all the towers were down in a day and a half. The foundations are still there but they will be removed as part of the original bid by sub-contractor Talley Construction.

Public Works

Andre Kaufman, Public Works Director, gave a report on the work done at the walking track. The board asked him to figure out how much money in labor & equipment costs he had incurred and report back. A discussion took place regarding the need for a fence and about the whole project being close to finished with signs and exercise equipment.

Mr. Kaufman reported that Talley Construction is starting next week to remove the water tower foundations and then he would be seeding the areas for grass. Along with Mr. Scruggs he recommends we look at adding 18 to 20 parking places in place of the tower at City Hall. Motion made by Alderman McDonnell,seconded by Alderman Jalanivich to authorize Mr. Scruggs to get with Mr. Compton and work out some sketches and cost estimates. Mr. Scruggs stated there might be some money from budget amendments or possibly from the state. The motion carried unanimously.

Mr. Kaufman requested the board allow him to work within his budget. He reduced his head count from 45 to 42 which will leave funds to pay his people for responding after hours and weekends. Motion was made by Alderman Cody, seconded by Alderman Jalanivich for the Finance Committee to study our finances and put back in place a proper policy regarding managed overtime. The motion carried unanimously.

Alderman Dalgo stated he had pulled item (v) under community development and planning because he thought Mr. Kaufman had an issue with it. Mr. Kaufman stated last September a letter was sent to Fort Bayou Apartments detailing all the problems with their sewer system resulting in rainwater being sent threw the City system. Mr. Scruggs received a letter today from the Oak Glen Marina Condominiums engineer, Knesal Engineering which stated assurance they are going to proceed immediately with sewer repairs throughout the apartment complex. Motion was made by Alderman Dalgo seconded by Alderman Jalanivich to accept item (v) from the consent agenda. Motion carried unanimously.

Community Development and Planning

Donavan Scruggs, City Planner, brought up item (t) being removed from the consent agenda for discussion. Alderman Jalanivich moved to sit in the audience to represent Anchor Realty since he is the company owner. The reasons Alderman McDonnell had removed the item was due to the address being incorrect and citizens had come forth with questions. Motion was made by Alderman Cody, seconded by Alderman Carvin to correct the address in the minutes from 307 Shearwater to 321 Shearwater. Motion carried with Alderman Jalanivich abstaining. Citizen Tom Butaire of 507 East Beach Drive asked Alderman Carvin to make a motion to table the issue until someone could look at what current and future construction is doing to the bayou. Mr. Jalanivich responded explaining he had already had the DMR out and even though no silktation had occurred, if it did it would be corrected. He had put up the double barricades for protection and notified the Corp of Engineers and Coast Guard. The Planning Commissions approval of the application entails several stipulations including that the three above listed agencies had to give their approval. Motion was made by Alderman Carvin, seconded by Alderman Dalgo to accept the Planning Commissions recommendation. After more discussion a vote was taken on the motion. The motion passed with a vote of five ayes and Alderman McDonnell voting nay and Alderman Jalanivich abstaining.

Alderman Lloyd asked Mr. Sruggs, the City Planner, if there is a problem with the way we are sizing lots in the new sub-divisions since there seems to be variances requested not long after we have approved the sub-divisions. Mr. Scruggs replied his department does try to make sure the lots are plated correctly but due to the volume every once in a while one slips thru the system..

Parks and Recreation

Damien McKay, Director, reported the Parks Commission Board is agreeable for this board to place a porta-potty at Childrens Park. Alderman McDonnell asked if Damien had any information or prices on the fence at Kensington Park. Mr. McKay is still researching and will report back. Motion was made by Alderman Lloyd, seconded by Alderman Jalanivich to place a porta- potty at the Children’s Park. Motion carried unanimously.

Mayor

Motion was made by Alderman Dalgo seconded by Alderman Lloyd to accept the resignation of Linda Fayard from the School Board. Motion carried unanimously. Mayor Ainsworth will send a letter of appreciation.

Upon recommendation from the Mayor a Motion was made by Alderman Dalgo, seconded by Alderman Lloyd regarding the appointment for the School Board requiring resumes to be in the Mayors office by January 31, 2005 with interviews of 30 minutes each starting at 6:00 p.m. held on February 2, 2005. Motion carried unanimously.

City Attorney

John Edwards, City Attorney, reminds Board of need to reappoint Freilich and Tyson. Alderman Jalanivich recluses and leaves council chamber.

Motion was made by Alderman Cody, seconded by Alderman McDonnell to reappoint Robert Freilich and Tyson Smith to continue to represent the City as co-counsel and for Freilich, Leitner & Carlisle to make available to Robert Freilich and Tyson Smith the files necessary in order for each to continue the City’s representation and allow the Mayor to affirm the decision in writing to the parties. Motion carried unanimously.

Alderman Forum

Alderman Jalanivich returns to meeting.

Motion was made by Alderman Gill, seconded by Alderman Carvin for Mayor to write a letter to the MDOT requesting they look at the drainage problem with the ditch on Hwy 90 on the North side from Chateau Bayou Apartments to the Lutheran Church due to retaining water. Motion carried unanimously.

Mayor Ainsworth announced the Republican Party will have a meeting at City Hall on January 29, 2005 for anyone who is interested.

Alderman McDonnell asked City Planner Scruggs to make sure Marie Starr has the information regarding political signs.

New Business

Mr. Doug Denehie and his attorney requested to see a copy of the January 4, 2005 minutes before they are approved. If the letter from Mr. Charlie Carr is to be a part of those minutes, then they requested any comments regarding Mr. Denehie be redacted.

Old Business

None

Audience Request

Questions and comments by Ross Dodd, Ann Burke, and Betty Trammell concerning the impact fees appeal and associated costs, fiscal responsibility, city leadership, employment turnover, and annexation.

Alderman Jalanivich wanted to recognize the passing of a former Vietnam Veteran, Mr. Mike Teter who worked hard to bring the Veterans Memorial to Ocean Springs. Mayor Ainsworth added he had really worked hard and brought a lot of activities to the Memorial and will be missed.

Motion by Alderman Lloyd and seconded by Alderman Jalanivich to adjourn until the regular meeting on February 1, 2005.

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City Clerk Mayor

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