RECESS MEETING OF FEBRUARY 15, 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 February 15, 2005. Mayor Pro Tem Jalanivich presiding, Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo, and Gill, were present. Also present were City Clerk Adrienne Howell and Oscar Jordan, Attorney

 

Mayor Ainsworth was temporarily absent from the meeting.

 

Alderman Cody gave the Invocation.

 

Mayor Pro Tem Jalanivich asked members of the Boy Scouts to lead the Pledge of Allegiance.

 

CONSENT AGENDA

 

Motion was made by Alderman Gill, seconded by Alderman Carvin and unanimously carried to approve the Consent Agenda, except item (q), which was pulled by Mayor Pro Tem Jalanivich.

 

DEPARTMENT REPORTS

 

City Clerk

 

Nothing to report.

 

Police Department

 

The Police Chief expressed his concerns about parking problems West from Ederer’s Net Factory located at 108 Industrial Park Circle.  Upon the recommendation of the Chief of Police, motion was made by Alderman Gill, seconded by Alderman Carvin, and unanimously carried to authorize an ordinance to be drafted to  authorize two doubled sided signs to read “no parking between signs” to be erected  on each end of the curb at the location stated herein. (Diagram attached – Exhibit 4-police)

 

The Police Chief requested an Executive Session at the end of the meeting regarding personnel.

 

Fire Department

 

Chief Hare requested an Executive Session at the end of the meeting regarding personnel.

 

Risk Manager/HR

 

Not present.

 

City Engineer

 

Mr. David Compton, City Engineer, reported that pile driving should begin this week at the Fort Bayou pier.

 

Alderman Dalgo addressed sewer problems in Canebreake Subdivision.  Motion was made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to instruct the Mayor to draft a letter to the Mississippi Gulf Coast Regional Wastewater Authority and inform them of the sewer problems and ask them to make a recommendation to fix the problems.

 

After a request by Mr. Compton, motion was made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to authorize Mr. Compton to personally contact Mississippi Gulf Coast Regional Wastewater Authority and ask them to get involved in resolving the sewer problems in Canebrake Subdivision.

 

Public Works

 

Not present.

 

Mayor Seren Ainsworth arrived at the meeting (6:15 p.m.) and began presiding over the meeting.

 

Community Development and Planning

 

The attached recommendation from City Planner Donovan Scruggs (Exhibit 4a) in regard to Loris Bridges (property owned by W. T. Havard)Application to rezone property to R-3 from C-3/R-2 and Application for Sketch Plat approval was discussed. Ms. Loris Bridges requested that consideration be given to increase the number of units from 30 to 34 units. She said the project was planned around saving as many of the huge oak trees as possible.  Sixty-one trees have been identified and under the current plan five trees will need to be removed.

 

Mr. Wally Page spoke in favor of the project.  Mr. Danny Havard, son of W. T. Havard, expressed his approval.  Walter Wright expressed concerns about how the project will effect traffic, sewer, drainage, zoning, and height regulations.

 

Mr. Scruggs explained that tonight’s’ actions are for sketch plat approval which will authorize impact studies to be done by the Engineers.

 

Upon inquiry by Alderman McDonnell, Ms. Bridges said that the cost of improvements has been factored into their cost estimates and that they are willing to make the necessary improvements needed in the development of the property.

 

After further discussion regarding the impact the development would have on the community, drainage, sewer, traffic, and trees, motion was made by Alderman Carivn and seconded by Alderman Gill to accept Mr. Scruggs and the Planning Commission’s recommendation to accept the 30 units.  The motion failed with the following vote:

Aldermen Lloyd, Carvin, and Gill voted AYE

Aldermen McDonnell, Cody, Jalanivich, and Dalgo voted NAY

 

Motion was next made by Alderman Cody and seconded by Alderman McDonnell to change the number of units from 30 up to 34 based on the impact studies regarding traffic, drainage, water, sewer, and trees.  The motion passed unanimously.

 

Motion was made by Alderman Jalanivich, seconded by Alderman Carvin, and unanimously carried to authorize the property to be rezoned from C-3/R-2 to R-3 with consideration as outlined in sketch plat.

 

Item 4q of the consent agenda was addressed.  Alderman Jalanivich said that he pulled the item from the consent agenda because he needed to abstain from voting on the issue.  Motion was then made by Alderman Lloyd and seconded by Alderman Carvin to approve item 4q of the consent agenda.  The motion passed with everyone voting AYE, except for Mr. Jalanivich who abstained.

 

Mr. Scurggs next asked that the attached request (Exhibit 4-b) Authorization for Entering Agreement with the Mississippi Development Authority for a $500,000 CAP Loan for water improvements be approved.  Mr. Compton explained that this money would be used to put water down Hwy 90 and Hwy 57 and loop the system back to Sunplex.  Motion was made by Alderman Jalanivich, seconded by Alderman Cody, and unanimously carried to authorize the Mayor to sign the Agreement as presented.

 

Parks and Recreation

 

No report.

 

Mayor

 

Mayor Ainsworth presented the following items for consideration:

 

1.       Request from Friends of March C. O’Keefe Center for payment of $20,000 for the sponsorship of the Museum Rooms (Exhibit  4c).  Motion was made by Alderman McDonnell, seconded by Alderman Jalanivich and unanimously carried to approve the request.

 

          Other matters were discussed:  air conditioning, tracking and rigging, and leaking roof.  Alderman McDonnell said that air conditioning was critical to rooms. 

 

Ms Betty Magee said that they have been working with the City’s Purchasing Agent hoping to get specifications written for the tracking and rigging.  The City Clerk said that she did not feel that her department had the expertise to write specifications for tracking and rigging and that in her opinion a professional architect or engineer should provide the specifications, which would relieve the City of any liability.  She also advised that the purchasing agent has a file of specifications and information she downloaded off the computer and that they were welcome to the information.  Mr. Larry Cosper asked the City Clerk if they provided the specifications would she publish the Notice to Bidders?  She concurred.

 

The leaking roof was next discussed.  The General Contractor, the Sub-Contractor, and the Architect have been contacted numerous times, but nothing has been done to fix the problem, which has been occurring since 2000.  Attorney Oscar Jordan said that the problem right now is to give them a short term notice with a letter stating “absent your voluntarily coming forward that each of you have denied responsibility and the City has no alternative but to go forward and repair this roof and to let the liability be sorted out at a later date.”  Alderman McDonnell questioned whether or not any retainers are being held or if any warranty exist that the City can go against.  The Mayor advised that he asked Bob Ladiner to help address some of these issues by meeting with the contractor, but the contractor did not show up when he was suppose to.  After further discussion, motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to direct the Mayor to write a letter to the Architect, the General Contractor, the Roofing Contractor, and the bonding company about the matter; and secondly with assistance of the Mary C. O’Keefe personnel, Bob Ladiner, and David Compton a comprehensive plan and recommendation be made and brought back to the Board.  Mayor Ainsworth as asked to come back with a report at the next meeting.

 

 

2.       Request from Jackson County Civic Action Committee, Inc. for payment of $7800 to be used for the Senior Center in Ocean Springs (Exhibit 4d).  Motion was made by Alderman Jalanivich, seconded by Alderman Cody and unanimously carried to approve the request.

 

3.       Request by Planner Donovan Scruggs to award the contract for $95,000 to Starks Construction, subject to review by the city attorney for the Washington Avenue and Highway 90 Entrance Signs and to authorize the Mayor to sign the contract and to issue the notice to proceed in accordance with the memorandum attached (Exhibit 4e).  Funding sources are set forth in the memorandum and made a part of the minutes herein.  Motion was made by Alderman McDonnell, seconded by Alderman Cody, and unanimously carried to approve the recommendation and to further instruct the Mayor to submit a copy of the approved Interlocal Agreement between Jackson County and the City of Ocean Springs for Entrance Signs to Jackson County and ask for the county’s agreed amount ($49,500) for the signs.

 

4.       Request that the attached memorandum (Exhibit 4f) regarding the enforcement of the City’s sign ordinance be followed by all political candidates; and that a copy of the sign ordinance be placed in candidate packets.

 

5.       Request that the Mayor be authorized to request the Jackson County Board of Supervisors to transfer the City’s allotment of approximately $220,000 to the City for the purpose of city-wide street improvements (Exhibit 4g).  Motion was made by Alderman Jalanivich, seconded by Alderman Cody and unanimously carried to approve the request.  The Aldermen were asked to start their list to be submitted to Public Works.

 

          Alderman Gill made a motion to have the Mayor write the Board of Supervisors and ask them to consider paving Riley Road as a special project.  The motion was seconded by Alderman Carvin and unanimously carried.

 

6.       Resignation of Madeline Power, Election Commissioner (Exhibit 4h).  Motion was made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to accept the resignation of Madeline Power.  Motion was next made by Alderman Gill, seconded by Alderman Dalgo, and unanimously carried to appoint Ray Hedding to the City Election Commissioners.

 

7.       Mayor Ainsworth read the attached Proclamation (Exhibit 4i) proclaiming February 23, 2005 as Arbor Day in Memory of Sean Michael Cooley.

 

 

City Attorney

 

Mr. Oscar Jordan requested an Executive Session at the end of the meeting pertaining to the acquisition of real property.

 

ALDERMAN’S FORUM

 

Alderman Jalanivich addressed the deteriorating condition of Hwy 90 from the Hospital to Hwy 57.  Motion was made by Alderman Jalanivich, seconded by Alderman Cody, and unanimously carried to draft a Resolution to the Highway Commissioner and all Representatives and Senators requesting their help and support in overlaying Hwy 90, and to further contact the Board of Supervisors and ask that they draft a similar Resolution and send it to these State officials.

 

NEW BUSINESS

 

Mr. John Weldon expressed certain concerns about the proposed Fort Maurepas lease agreement.  Those concerns are:  increased traffic; the lease itself; longevity of the lease and city/citizen oversight of the lease; and what happens if the group does not have the staying power.  He asked the Board of consider postponing the lease and consider other possible uses of the property.

 

Motion was made by Alderman Jalanivich, seconded by Alderman Gill and unanimously carried to remove the item “Lease agreement-Fort Maurepas” from the Agenda-Old Business until all groups can come up with an agreeable solution.  Alderman McDonnell said that he would not consider lease options, nor would he ever be in favor of turning the property over to anyone.

 

A discussion was next held on the School Board appointment.  Motion was made by Alderman Carvin and seconded by Alderman Dalgo to appoint John Brenke to the Ocean Springs School Board. The motion passed with Alderman McDonnell voting NAY.  Mr. Jamie Sablich addressed the Board and wanted to know why he did not get the appointment.  There was a discussion but no further action was taken.

 

EXECUTIVE SESSION

 

Motion was made by Alderman Cody, 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 motion was made by Alderman Cody, seconded by Alderman Jalanivich, and unanimously carried to remain in executive session to discuss matters relating to personnel in the fire department and police department, and the acquisition of property.

 

Alderman Dalgo left the executive session at 8:45 pm and did not return to the meeting.

 

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

 

Motion was made by Alderman Cody, seconded by Alderman Carvin , and unanimously carried to pass the attached RESOLUTION RESCINDING THE DECISION ADOPTED February 1, 2005 WHICH DECLARED THE CITY’S INTENTION TO CALL FOR A REFERENDUM TO BE EHLD MARCH 8, 2005.  The Resolution is attached in it’s entirety and made a part of the minutes herein (Exhibit 4j).

 

Motion was made by Alderman Cody and seconded by Alderman Gill to set the date of the bond referendum to coincide with the general election, June 7, 2005.  The motion carried with all voting AYE, except for Alderman Lloyd who voted NAY.

 

Motion was made by Alderman Gill, seconded by Alderman Carvin, and unanimously carried to adjourn until 6:00 p.m. on March 1, 2005.

 

 

________________________                        ______________________

             City Clerk                                                        Mayor

 

 

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