REGULAR MEETING OF APRIL 5, 2005

 

 

Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Regular meeting at City Hall in the City of Ocean Springs at 6:00 p.m. on April 5, 2005.  Mayor Ainsworth presiding, Aldermen Lloyd, McDonnell, Cody, Jalanavich and Dalgo were present.  Alderman Gill arrived at the meeting at 6:50 p.m.  Also present were City Clerk Adrienne Howell and City Attorney John Edwards.  Alderman Joe Carvin was absent.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

Mayor Ainsworth presented a proclamation to Sarah Carter proclaiming April 2005 as Child Abuse Prevention Month in Ocean Springs (Exhibit 3).

 

Mr. Darryl Galey with the firm of Piltz, Williams and La Rosa Co. presented the 2003 Audit for the City of Ocean Springs.  The audit had been delayed due to new governmental accounting standard guidelines.  Mr. Galey said that he hopes that the 2004 Audit will be complete in July.  Motion made by Alderman Dalgo, seconded by Alderman Lloyd and unanimously carried to adopt the 2003 Audit as presented and spread it upon the minutes. 

 

 

CONSENT AGENDA

 

Motion was made by Alderman Jalanavich, seconded by Alderman Cody and unanimously carried to approve the Consent Agenda, except item (5-d), which was pulled by Mayor Ainsworth.  The Mayor explained that he was ruining his trousers when he had to go out with the Public Works Department to tour various problem sites.  So he decided to use the uniform rental service for work pants for times he had to be out in the field with Public Works.  After it had been brought to his attention that some had issues with him using the service, he contacted the state auditor’s office about the matter and was informed that the expense was legal if he had prior approval from the board.  He did not have approval from the board and was told if he paid back the money the situation would be rectified.  He reimbursed the City $95.81.  Motion was made by Alderman Cody, seconded by Alderman Dalgo and unanimously carried to accept the Mayor’s reimbursement and to pay the docket of claims.

 

 

 

 

DEPARTMENT REPORTS

 

City Clerk

 

No report. 

 

Police Department

 

Upon request of the Police Department, motion made by Alderman McDonnell, seconded by Alderman Cody and unanimously carried to buy equipment for the Animal Control Officer totaling approximately $1,000 with funding from Account #001-201-559 (Ward II $500; Ward I $200.00: Ward III $300.00).

 

Fire Department

 

Chief Mark Hare said that the Friday morning rainstorm was an unprecedented storm with 8.94 inches of rain falling in the City within 12 hours.

 

Alderman Dalgo asked about the hiring of five new firefighters and Chief Hare said they were replacing four people that have gone to Iraq and one person going back to work with the City of Gautier.  One of the people that has gone to Iraq was a military call out and the other three are working for private contractors and will be gone for a year.  Alderman Dalgo asked if the people that went to Iraq by choice know that they have been replaced in the Fire Department and will only be considered for rehire as slots become available.  Chief Hare said that two of the firefighters were given that option because they left in good standing.

 

City Engineer

 

Motion made by Alderman Cody, seconded by Alderman Dalgo and unanimously carried to authorize the Mayor to sign the Natural Resources Service Project Agreement and Operation and Maintenance Agreement for the Forrest Hill Drive Emergency Watershed Protection Project (Exhibit 6-a). 

 

Public Works

 

Mr. Kaufman explained that the City had received a perfect score of 5.0 on the State Department of Health annual City Water Supply inspection.  Both of the systems owned by the City received a perfect score.  Motion made by Alderman Jalanavich, seconded by Alderman Dalgo and unanimously carried to enter the letter into the minutes (Exhibit 6-b). 

 

Motion made by Alderman Jalanavich, seconded by Alderman McDonnell and unanimously carried to accept Mr. Kaufman’s letter of needs for replacement of equipment that have been budgeted (Exhibit 5-t).  Mr. Kaufman asked for approval to go out for bids for the six items listed in the letter.  Motion made by Alderman Lloyd, seconded by Alderman Jalanavich and unanimously carried to approve purchasing the six pieces of equipment.

 

Mr. Kaufman and Mr. Compton discussed Canebrake sewer problems.  Motion was made by Alderman Jalanavich, seconded by Alderman Dalgo and unanimously carried to authorize the City Engineer, Public Works Director and City Clerk to move forward in putting a lift station at Beachview and Government Street to alleviate the Canebrake sewer problem and ask that the City Attorney review development plans to see if costs can be recovered from the developer.  Alderman Jalanavich requested that this matter be expedited.

 

Motion made by Alderman Gill, seconded by Alderman McDonnell not to allow any other new subdivisions to tie into the Gulf Park Estates sewer system.  Mr. Edwards was directed to see if the monthly payment to the Wastewater Authority can be withheld until this matter is resolved.  Motion failed with Alderman Gill voting aye and Aldermen Lloyd, McDonnell, Cody, Jalanavich, and Dalgo voting nay.

 

Drainage issues from several areas in the City were discussed.  Mr. Kaufman and Mr. Compton will inspect these areas and make recommendations.

 

Community Development and Planning

 

Motion was made by Alderman Jalanivich, seconded by Alderman Cody to adopt resolution and quitclaim deed for the property located at the corner of Highway 90 and Holcomb Blvd. to Doug Roll in the amount of $980.00 (Exhibit 6-d).  The enabling statute is Mississippi Code 21-17-1 per City Attorney John Edwards. The motion passed unanimously with the vote recorded as follows:

 

Alderman Jalanivich                    Voted Aye

Alderman Lloyd                          Voted Aye

Alderman McDonnell                   Voted Aye

Alderman Cody                          Voted Aye

Alderman Dalgo                         Voted Aye

Alderman Gill                                       Voted Aye

Alderman Carvin                         Absent

 

After discussion of appeal of decision of Tree Committee not to allow the removal of a Magnolia Tree at Gulf Oaks Condominium, motion was made by Alderman McDonnell, seconded by Alderman Gill to remove the Magnolia tree and plant something other than a Magnolia tree in that area.  Alderman McDonnell withdrew his motion and he asked the Gulf Oaks Property Association to have a vote taken by all members and it be included in a letter from the property association spelling out their intent and what the Magnolia tree will be replaced with.  The matter will be placed on the May 3rd agenda for consideration. 

 

Mr. Scruggs recommended a Gulf Planning & Development District conference held on April 11 & 12, 2005 in Florida to examine condominium development.  Motion made by Alderman Lloyd, seconded by Alderman Jalanavich to authorize no more than three people approved by the Mayor to attend the conference.  The motion passed with Aldermen Lloyd, McDonnell, Cody, Jalanavich, and Gill voting aye and Alderman Dalgo voting nay.

 

Risk Manager/HR

 

No report.

 

Parks and Recreation

 

No report.

 

Mayor

 

Motion made by Alderman Dalgo, seconded by Alderman Gill to adopt the resolution petitioning the Board of Aldermen to designate the City of Ocean Springs as a Stormwater Phase II Entity (Exhibit 6-f).  The motion passed unanimously with the vote recorded as follows:

 

Alderman Jalanivich                    Voted Aye

Alderman Lloyd                          Voted Aye

Alderman McDonnell                   Voted Aye

Alderman Cody                          Voted Aye

Alderman Dalgo                         Voted Aye

Alderman Gill                                       Voted Aye

Alderman Carvin                         Absent

 

The Governor declared a State of Emergency Friday during the severe rainstorm.  Motion made by Alderman Gill, seconded by Alderman Cody and unanimously carried to approve the Proclamation of Existence of a Local Emergency (Exhibit 6-g).  After further discussion motion made by Alderman Cody, seconded by Alderman Gill and unanimously carried to terminate the existence of the local emergency.

 

Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to close Washington Avenue from Robinson to Government and close Robinson Street west on Saturday April 23rd and Sunday April 24th for the “Celebrate Ocean Springs Festival” which is a combination of the 1699 Landing of D’Iberville celebration and the Trade Days Antique show downtown (Exhibit 6-h).

 

Motion made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried to have the recommendation of the Ocean Springs Chamber of Commerce Merchants Committee before any streets are closed for a festival.

 

City Attorney

 

Mr. Edwards reported that the Homebuilders Association vs. the City of Ocean Springs Impact Fee litigation has been filed in the Supreme Court of the State of Mississippi and has been joined by the Mississippi Board of County Attorneys, the City of Ridgeland, the City of Madison, the Mississippi Municipal League, the American Planning Association and the Mississippi Chapter of the American Planning Association who have all filed briefs in support.

 

 

ALDERMAN’S FORUM

 

No report.

 

 

NEW BUSINESS

 

No report.

 

 

OLD BUSINESS

 

Motion was made by Alderman Lloyd, seconded by Alderman Cody and unanimously carried to authorize the Mayor to sign agreement to hire Harris & Geno, PLLC as bonding counsel for the proposed $11,000,000 general obligation bonds (Exhibit 9-a).

 

Motion made by Alderman Cody, seconded by Alderman Lloyd to adopt resolution of the Mayor and Board of Aldermen of the City of Ocean Springs, Mississippi, providing for the calling and holding of a Special Election within and for the City for the purpose of submitting to the qualified electors of said City the proposition of whether or not general obligation bonds in the total maximum principal amount of $11,000,000 shall be issued (Exhibit 9-b).  The motion passed unanimously with the vote recorded as follows:

 

Alderman Jalanivich                    Voted Aye

Alderman Lloyd                          Voted Aye

Alderman McDonnell                   Voted Aye

Alderman Cody                          Voted Aye

Alderman Dalgo                         Voted Aye

Alderman Gill                                       Voted Aye

Alderman Carvin                         Absent

 

 

AUDIENCE REQUEST

 

There being no further business, motion was made by Alderman Cody, seconded by Alderman Dalgo, and unanimously carried to recess until 6:00 p.m. on April 19, 2005.

 

 

________________________                        ______________________

             City Clerk                                                       Mayor

 

 

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                 Date                                                            Date