RECESS MEETING OF APRIL 19, 2005

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 6:00 p.m. on April 19, 2005. Mayor Ainsworth presiding, Aldermen Lloyd, McDonnell, Cody, Jalanavich, Carvin, Dalgo, and Gill were present. Also present were City Clerk Adrienne Howell and City Attorney John Edwards.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Mayor Ainsworth presented a proclamation to Jonathon Leczner declaring April 19, 2005 as Hero Jonathon Michael Leczner Day in Ocean Springs in recognition of his courageous act rescuing a child from a flooded culvert (Exhibit 3-a).

CONSENT AGENDA

Motion was made by Alderman Cody, seconded by Alderman Carvin and unanimously carried to approve the Consent Agenda, except item (k) which was pulled by Mayor Ainsworth and not addressed, item (m) which was pulled by Alderman McDonnell and items (n & p) which were pulled by Alderman Lloyd. *(Note: See motion made after the Executive Session regarding Items 4-f and 4-g)

DEPARTMENT REPORTS

City Clerk

No report.

Police Department

Chief Belk reported that there had been a request by the 1699 Committee to close down Front Beach during the Landing of D’Iberville on Sunday afternoon for a few hours from Jackson Street to Washington Avenue. Motion made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to close down the area in front of Fort Maurepas for the Landing.

Fire Department

Chief Hare requested an Executive Session to discuss a personnel matter.

City Engineer

Motion made by Alderman Cody, seconded by Alderman Jalanavich and unanimously carried to acknowledge receipt of bids on Government Street improvements from Washington Avenue to Pine Street (Exhibit 5-a).

Alderman Dalgo asked Mr. Compton about the lift station for Canebrake Subdivision and he said that they have put in a check valve and are looking for land to place a permanent lift station.

Alderman McDonnell asked about surveying Mr. Reynolds site and Mr. Compton said that they have a survey crew taking shots of it. The elevations on the curve should be shot this week.

Alderman Gill asked about the Fort Bayou boat ramp and Mr. Compton said that they are ready for a final punch list but the landscaping has not been done. Mr. Gill said that there has been some vandalism at that site and suggested that some type of barrier be constructed to prevent vehicles from entering the area. Mr. Compton agreed to get a quote on a barrier.

Alderman Gill asked Mr. Compton about a drainage problem at the home of Ray Krystosek on Diller in Fort Bayou. Mr. Compton and Mr. Ott explained that the surrounding property is all private with no public easements. Alderman Gill volunteered to accompany Mr. Krystosek and speak with his neighbors requesting an easement.

Public Works

Motion made by Alderman Jalanavich, seconded by Alderman McDonnell and unanimously carried to approve payment of Invoice #3 on Project #7357 for CES in the amount of $46,945.84 (Exhibit 4-t). The amount will be reimbursed 100% by CIAP funding which will take about 90 days.

Motion made by Alderman Dalgo, seconded by Alderman Jalanavich and unanimously carried to enter a signed copy of a letter from Steven Carter to Public Works into the minutes (Exhibit 4-u). Included in the letter is a listing of work that Mr. Carter has agreed to do in Promenade subdivision on lots 8, 9 & 10 that he is developing.

Community Development and Planning

Alderman McDonnell recused himself from discussion regarding the final plat for the Mulberry Grove subdivision because he might purchase property there. Motion was made by Alderman Jalanavich and seconded by Alderman Carvin to approve the sketch plat for Mulberry Grove subdivision (Exhibit 4-m). The motion carried with all voting aye except Alderman McDonnell who abstained.

Motion made by Alderman Jalanavich, seconded by Alderman McDonnell to approve application for sketch plat for a 107 unit condominium development at the existing Ocean Pointe Apartment location (Exhibit 4-n). Alderman Lloyd objected because the Water View ordinance requires a height limit of 50 feet and this project will have a portion with a height of 52 feet due to a decorative lip on part of the roof. Mr. Edwards said that the part of the building that exceeds 50 feet is a decorative piece which is an unlivable part and should not be included in the overall structure. Mr. Scruggs reported that a variance had been requested but the Planning Commission did not feel it was necessary for an ornamental feature which will make the building more aesthetically pleasing. Motion passed with Aldermen McDonnell, Cody, Jalanavich, and Carvin voting aye and Aldermen Lloyd, Dalgo and Gill voting nay.

Motion made by Alderman Jalanavich and seconded by Alderman Carvin to approve the application for Camellia Pointe revised sketch plan (Exhibit 4-p). Motion passed with Aldermen McDonnell, Cody, Jalanavich, Carvin, Dalgo and Gill voting aye and Alderman Lloyd voting nay.

Motion made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried requesting that Mr. Scruggs bring back to the board language that specifically defines structure in the Water View ordinance.

Motion made by Alderman Dalgo, seconded by Alderman Cody and unanimously carried to enter into the minutes a letter from Mr. Brooks Legate asking the board to take steps to prevent his son from demolishing his home, Del Castle (Exhibit 4-v). Mr. Scruggs reported that a demolition permit was filed, but had expired. A new permit has not been filed.

Motion made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to promote Mr. Greg Wilson to Building Official with an annual salary of $36,500 with a six month probation period (Exhibit 4-w). Alderman Jalanavich recused himself from the discussion and abstained from the vote.

Motion made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried to approve the application of Mr. Tom Reynolds for 523 Front Beach Drive which will reduce the building size and the number of units (Exhibit 4-x).

Risk Manager/HR

Ms. McDonnell requested a brief Executive Session and commended the Department Heads for the lowest amount of damage on the quarterly Risk Management report in four years

Parks and Recreation

No report.

Mayor

Motion made by Alderman Jalanavich, seconded by Alderman Cody and unanimously carried to reappoint Mrs. Adrienne Howell to another 90 days to serve as the temporary City Clerk for the City of Ocean Springs (Exhibit 4-y).

Motion made by Alderman Dalgo, seconded by Alderman Jalanavich and unanimously carried to accept the donation of a Carvin Portable Public Address system to the City Rental Facilities by the Ocean Springs Friendship Club (Exhibit 4-z).

Motion made by Alderman Cody, seconded by Alderman McDonnell and unanimously carried to release allocated funds to the Mary C. O’Keefe Cultural Center (Exhibit 4-aa).

City Attorney

Motion made by Alderman Dalgo, seconded by Alderman Cody and unanimously carried to permit Mr. Edwards to file a motion with the Public Service Commission to set aside the order granting Singing River Power approval to build a substation on Hanshaw Road because they failed to provide sufficient notice. Mr. Edwards reported Singing River Power had run a notice in the Mississippi Press that said that they were going to build a substation in Gulf Park Estates which is inaccurate because the property they plan to use is on Hanshaw Road across from Bienville Place subdivision. He will request a stay from the Public Service Commission and will have a response within seven days.

Motion made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried to authorize the Mayor to execute the answer to a tax confirmation suit as described in the attached Exhibit 4-x.

ALDERMAN’S FORUM

Alderman McDonnell reported that he had received a letter from Mr. Jerry Freeman about damage of trees in Inner Harbor Park due to erosion. Motion made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried to have the Mayor write a letter to the Jackson County Board of Supervisors requesting some assistance shoring up the area where the saltwater is getting into the root foundation of the trees, requesting that the county participate in erecting a protective fence around the corner of Pine to Kensington to the tennis courts to keep children out of the street and asking for an update on the bathroom renovation project.

NEW BUSINESS

Citizen Anne Burke asked about the management letter in the 2003 audit and questioned noncompliance in purchases in the Parks and Recreation Department. Motion made by Alderman Cody, seconded by Alderman Carvin and unanimously carried to write a letter and give a copy of the audit to the Parks Commission asking them to address the purchasing problems and ask to set a meeting with the appropriate personnel to discuss steps to keep these problems from occurring in the future.

OLD BUSINESS

No report.

AUDIENCE REQUEST

Citizen Lisa Barfield from Yosemite Drive complained about her neighbor parking his vehicle in front of her house where she cannot get in and out of her driveway. Chief Belk has responded to this issue on several occasions and said there are some additional steps that can be taken.

Citizen Doug Denehie said he investigated the comments made by Alderman Dalgo at the March 15, 2005 meeting about foundation problems at St. Paul United Methodist Church due to the hydrology of the soil. He reported that the church’s problems were not in fact due to a wetland issue but were due to an improperly installed floor in the gymnasium.

EXECUTIVE SESSION

Motion was made by Alderman McDonnell, seconded by Alderman Carvin and unanimously carried to go into closed session to see if they would remain in executive session.

The City Clerk returned to the meeting and announced that a motion was made by Alderman Cody, seconded by Alderman Jalanavich, and unanimously carried to remain in executive session to discuss matters relating to personnel in the Fire department.

Motion was made by Alderman Cody, seconded by Alderman Carvin and unanimously carried to come out of executive session and return to regular session.

Motion was made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to accept Mr. Terry Webb’s retirement request from the Ocean Springs Fire Department, authorize the Fire Chief to fill his position and send a letter to him from the Mayor and Board of Aldermen thanking him for his 27 years of service (Exhibit 4-ab).

*Motion made by Alderman Dalgo, seconded by Alderman Jalanavich and unanimously carried to rescind Items 4-f and 4-g on the consent agenda so Alderman Gill could recuse himself and abstain from voting. Motion made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to approve Items 4-f and 4-g on the consent agenda. Alderman Gill abstained from voting.

Motion was made by Alderman Dalgo, seconded by Alderman Gill, and unanimously carried to adjourn until 6:00 p.m. on May 3, 2005.

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City Clerk Mayor

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