REGULAR MEETING OF
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
Alderman Cody
gave the Invocation.
Mayor
Ainsworth led the Pledge of Allegiance.
The Mayor
begins the meeting with the referendum discussion as requested by a letter from
concerned citizens. The Mayor announced that Mr. Charlie Carr has sent a letter
to the Mayor and Board of Aldermen that stated he is taking his property off
the market. The Mayor read portions of the letter.
Alderman
Jalanivich made a motion with a second by Alderman Gill to make the letter from
Mr. Charlie Carr a part of the minutes. The motion carried unanimously.
Alderman Gill
pointed out that since the Carr property was off the table that the motion made
on
The Mayor
called for discussion and Alderman Dalgo stated that he understood that Mr.
Carr had talked to Damien McKay, Director of Parks and Recreation. Mr. McKay
then stood up and said that in his conversation with Mr. Carr,
that if the City could “get their act together” that he would still be
willing to sell the property to the City. He also pointed out that the property
is no longer being held exclusively for the sale to the City. If another buyer
comes along first, he will sell. He will, however, honor the quoted sale price
of 1.35 million as stated at the
Alderman
Dalgo then asked if the City goes forward with the bond, could the City hold
off on issuing the bond until after the vote on the referendum so as not to
incur legal fees by the attorney handling the bond. City Attorney Edwards
stated that they bond could not be issued until the vote is taken. If the
intent of the City is to go forward and issue the bond, then the referendum
must take place, providing the signatures are valid and verified.
Alderman Gill
stated that the original intent of the Board was to put the recreational
property and the public safety building on a referendum in June. The intent was
not to raise taxes without the citizens voting on it first. He offered some
approximate figures of 3.5 million for the safety complex and 4.1 million for
the recreational complex. He said the intent of purchasing the property now was
to lower the amount of money for the referendum which would make the tax
increase a lower amount. At this point, Mr. McKay questioned about validation
of the signatures turned in to the City Clerk. Alderman Gill said that he was
not as concerned about that part of the issue and Mr. McKay stressed that he
wanted the signatures to be validated. Alderman Jalanivich then said that he felt
the whole idea was a moot point since Mr. Carr had taken the property off the
market. The Mayor stated that he would let the Aldermen discuss the validation
issue. Mr. McKay reiterated that Mr. Carr would not hold the property
exclusively for the City to purchase, but he would sell it at the price he
stated if the property was still available when the City was able to purchase.
Mr. McKay made it clear that Mr. Carr would not hold the property until the
referendum takes place, but would still sell the property if it is still
available. Mr. McKay also stated that since the citizens worked hard collecting
the signatures for the petition, he thought they should be counted and
validated.
At this
point, Alderman Lloyd asked Alderman Gill if he wanted to stick with the motion
for the resolution or if he would like to withdraw it. Alderman Gill then
stated that the Board should vote on it and if you were not for the Resolution
then vote against it. He stated that he would like for the Mayor to have a work
session for the entire Board and hash everything out. He also stated that there
would be two referendums on the ballot in June and the contents of those
referendums needed to be decided. Alderman Lloyd stated that he would like the
process to continue as originally stated.
Alderman
McDonnell stated that he would support Alderman Gill’s motion, but was hoping
that the Board would revisit the proposal he suggested on December 7 where the
entire cost of the project, which included the land purchase as well as all improvements
at an approximate cost of 4.5 million, would be put on a referendum and let the
citizens’ vote. He stated that if thought if the City had done that at the
December 7 meeting, the vote could have taken place in a couple of weeks and
there probably would not have been so many people at the current meeting that
were opposed. He stated that the citizens wanted a chance to say yes or no on
the issue.
Alderman Gill
then asked City Attorney Edwards about Mr. Carr taking the property off the
market and City Attorney Edwards stated that he had not seen the letter.
Alderman McDonnell then stated that he did not have a problem with waiting
until June and place both the Safety Complex and the property for the
Recreation Department on the referendum. He said the people should know how
much something is going to cost, how long they are going to pay for it and what
the benefits of having both these projects are. He stated that both are
“sellable projects” but the Board must be willing to go out and sell to the public.
Mr. McKay
then stated that he wanted the project to go forward as had been stated in the
December 7 meeting. He also said that he could not understand how certain
members of the Board could be for the issue at the previous meeting and now
seem to be willing to stop the process.
Alderman
Lloyd stated that Alderman McDonnell has a good idea, but he is afraid that all
of the work would be done toward getting the property and the property might
not even be available. He stated that, in his opinion, it would be better to
continue the process and purchase the property, if it is available. Once the
property is available then more complete plans could be made. He stated that he
didn’t think a referendum would be necessary for the improvements to the property
until after the upcoming election. He wanted to buy the property in order to
get soccer fields on it because that is the current need. He stated that the
public had been told many different things by many different people and he
could understand how they could be confused.
Alderman
Dalgo agreed with Alderman Lloyd in that the citizens should know what
everything is going to cost. He stated that figure was given at the December 7
meeting when the price of the property was stated at 1.35 million. If the
property is purchased during the month of January, the ten-year problem the
City has had with soccer will go away. If the property is purchased now then
the needs can begin to be addressed. He stated that Alderman Lloyd put it best
when he described the process as “taking baby steps to address the needs of
recreation.” He stated that purchasing the property now will cost the citizens
what they are paying now. The current taxes that are being paid now are what
the taxpayers will still pay with the proposal to purchase the property. The
mill levy will stay the same. The City could take possession of the soccer
fields and own them. He stated that once the land is owned, then take the
information to the people to see if they want to further develop it. To go to
the people with a bond issue to ask if they want to build a gym and tennis
courts without owning a piece of land to put it on did not make much sense.
Alderman Lloyd stated that this plan was a good business way of doing things.
Alderman Gill
asked Alderman Jalanivich his thoughts on the issue. Alderman Jalanivich stated
that he agreed with Alderman Lloyd to let the process work its way through.
Alderman Gill also asked the same question of Alderman Cody who stated that he
agreed with Alderman Lloyd. He stated that the Board might not have done a good
job in informing the people and he accepted the responsibility for that. He
stated that the Board requested that he find a way to finance the purchase and
he did. He explained that the City took the retiring debt service which is 1.77
mills which is approximately $250,000. per year. This
amount could get the Parks and Recreation project completed and not pay any
additional taxes for the next ten years. If the millage was doubled it would
amount to approximately $20.00 to $50.00 increase on a $100,000. home. The City has such a fine school system and he hopes
the recreational needs can also be provided that will be comparable. It is
unfortunate that Ocean Springs children have to depend
on surrounding cities to participate in soccer. Alderman Cody continued noting
that Alderman McDonnell told him that there were enough signatures to request a
referendum and that he would like to have everything on the referendum in a
menu form and put on all the needs being discussed with Recreation as well as
the Safety Complex. Up until this point there has been one hurdle after another
and the children are suffering because of the lack of recreation. He stated
that the people should have the right to vote on purchasing the property and
also add the Safety Complex and all improvements. He also stated that the Board
needed to meet with the Parks and Recreation Director and their Board and
detail a plan of action.
Alderman
McDonnell asked Director McKay how many children were affected by the fact that
there was no basketball facility and no soccer facility. He was told
approximately 575 affected by basketball problems and approximately 550
affected by soccer problems. Director McKay stated that by purchasing the Carr
property, upgrading Freedom Field, building the necessary gym and tennis
courts, and the improvements already made to Gay-Lemmon Park, the Recreational
needs of Ocean Springs would be in much better shape. He also stated that all
those improvements would not alleviate all recreational needs, but would go a
long way toward making them better.
Alderman McDonnell suggested regrouping; and going back with a plan to
inform the public what is needed and its’ cost; gather public and private partnerships
to eliminate some of the debt load that the citizens would have to carry would
be saleable to the citizens.
Alderman
Carvin said he felt that options should be given to the public to vote on.
Alderman Gill
said that the Board was divided on the issue, but in two weeks that everyone
would be either for going on a referendum in June or all but one will be for
buying the property now. Alderman Gill
rescinded his motion. (No motion on the
floor)
Alderman
Llyod made a motion to continue the procedure that was started two weeks ago by
going out for a no protest bond issue, since the signatures have been submitted
to the City Clerk and once they are verified and if there are the proper amount
of signatures then the law will be followed. Motion was seconded by Alderman
Dalgo. City Attorney Edwards informed
the Board that whatever is listed on the Notice of Intent is what can go on the
referendum, and if any changes are made that it must be readvertised and do
exactly what was has been done to get to
the point where the city is now. The motion carried unanimously.
Motion was
made by Alderman Gill to accept the petition of 1936 signatures and turn it
over to the city clerk, seconded by Alderman Carvin and unanimously carried.
Motion was
made by Alderman Lloyd, and seconded by Alderman Carvin to pass the attached
“RESOULTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF OCEAN SPRINGS,
MISSISSIPPI, TAKING UNDER ADVISEMENT THE MATTER OF THE CITY ISSUING GENERAL
OBLIGATIN BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF ONE MILLION SIX HUNDRED
THOUSAND ($1,600,000) DOLLARS UNTIL SUCH TIME AS THE CITY CLERK CAN DETERMINE
THE SUFFICIENCY OF A PETITION PRESENTED TO THE MAYOR AND ALDERMEN PETITIONING
THAT THE CITY CONDUCT AN ELECTION ON WHETHER OR NOT THE CITY SHOULD ISSUE SAID
BONDS”. The Resolution is attached,
labeled Exhibit 1, and made a part of the minutes herein. The motion carried unanimously by a roll call
as follows:
Alderman
Jalanivich Voted Aye
Alderman
Lloyd Voted Aye
Alderman
McDonnell Voted Aye
Alderman Cody Voted Aye
Alderman
Carvin Voted Aye
Alderman
Dalgo Voted Aye
Alderman Gill Voted Aye
Motion was
made by Alderman Gill to spread the Petition and all attached papers that
attached upon the minutes. Seconded by Alderman Dalgo.
The motion carried unanimously.
CONSENT AGENDA
Motion was
made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to
approve the Consent Agenda, except item (d), which was pulled by Alderman Jalanivich.
Motion was
made by Alderman Cody to approve item d under the Consent agenda. Alderman McDonnell seconded the motion. The motion carried with all voting aye,
except Alderman Jalanivich who abstained.
DEPARTMENT REPORTS
City Clerk
The City
Clerk requested that the item (Discuss 28-day, 171-hour, with regular “Kelly
day” police schedule, providing straight time pay up to 171 hours, effective
immediately for payroll purposed) be pulled because there is a meeting
scheduled for Thursday with the Mayor and all interested parties. Motion was made by Alderman Cody to change back
to the 171 hour for police; seconded by Alderman Gill. The City Attorney recommended to go into executive session for discussion due to the
possibility of litigation. Alderman Cody
withdrew his motion.
Motion was
made by Alderman Cody to go into closed session to see if they would remain and
go into Executive Session. The motion was seconded by Alderman Carvin
The motion
carried with Alderman Gill voting Nay.
Motion was
made by Alderman Cody with a second by Alderman Carvin to stay in closed
session and go into Executive Session to discuss matters of potential
litigation and personnel matters. The
motion carried.
Motion was
made by Alderman Cody with a second by Alderman Carvin to return to regular
session. The motion carried.
Motion was
made by Alderman Cody to reinstate the 171 rule and
regular “Kelly day” (at straight time). The motion was seconded by Alderman
Carvin with Alderman McDonnell stating that we needed to see where the money
would come from and how
other departments would be compensated. The motion carried unanimously.
POLICE DEPARTMENT
Police Chief
Belk said he did not have anything to present.
Alderman Gill
asked about putting a 3-way stop at
Alderman
Dalgo asked the Chief of Police to look at placing a stop sign somewhere along
Halstead to Brumbaugh. The Chief said he
was ready to make a recommendation to place a 3-way stop about midway. Based on the Chief’s recommendation, motion
was made by Alderman Dalgo to draft an ordinance to allow the Chief to place a
stop sign at the location he has already determined. The motion was seconded by
Alderman Jalanivich and unanimously carried.
FIRE DEPARTMENT
Chief Hare
said he received notification about the Hurricane conference in
RISK MANAGER/HR
No report.
CITY ENGINEER
Upon the
request of Alderman Gill, the City Engineer advised that the
The City
Engineer informed Alderman Gill that would they would be moving in during
February - March on the Fort Bayou Boat Ramp.
Alderman
Jalanivich requested that item c under Old Business be taken care of since Mr.
Seymour is in the audience. Motion was
made by Alderman Cody, seconded by Alderman McDonnell, and unanimously carried
to authorize payment (Exhibit 8-c) and have Mr. Compton to review the project
and come back with a recommendation.
Alderman
Dalgo asked for guidance regarding the shoulder where the sidewalk is going to
be placed upon the entrance of
PUBLIC WORKS
Mr. Kaufman said
that he did not have anything for the Board.
However, the
following was discussed but no official action was taken:
1. Alderman Dalgo: Catch basins on the south side of Bergerace
closer to Hanshaw; and on the opposite end of Bergeraced toward Digon
2. Alderman Cody: Improve the RR crossing that
3: Alderman Jalanivich: Decorative sign post in Ward IV
4. Alderman Jalanivich:
5. Damien McKay:
Jogging track and port-a-potty at Little Children’s Park
COMMUNITY DEVELOPMENT AND PLANNING
At the
request of City Planner Scruggs a motion was made by Alderman McDonnell,
seconded by Alderman Jalanivich and unanimously carried to remove item (a) from
the agenda.
Motion was
made by Alderman Jalanivich and seconded by Alderman Cody to adopt Ordinance
No. 2005-1 as attached (Exhibit 5-b).
The motion passed unanimously with a roll call vote as follows:
Alderman
Jalanivich Voted Aye
Alderman
Lloyd Voted Aye
Alderman
McDonnell Voted Aye
Alderman Cody Voted Aye
Alderman
Carvin Voted Aye
Alderman
Dalgo Voted Aye
Alderman Gill Voted Aye
City Planner
Scruggs asked to discuss item a under old business Ordinance 13-176 amending
the Comprehensive Zoning Ordinance which was voted on and denied at the December
21, 2004 Meeting. Alderman McDonnell yielded to Planning Commissioner Mary Marr
Beckman about the rational behind the 35 ft. height restriction in zone C2. Ms.
Beckman explained that the Planning Commission felt it was not in the keeping
of the ambiance of Ocean Springs to be able to look out over residential areas from
2-story buildings. After much
Motion was
made by Alderman Jalanivich and seconded by Alderman Carvin to adopt Ordinance
13-176 amending the height requirement from 35 ft to 50 ft requiring any
building over two stories high to install a sprinkler system for safety
purposes. The motion passed with a roll call vote as follows:
Alderman
Jalanivich Voted Aye
Alderman
Lloyd Voted Nay
Alderman
McDonnell Voted Nay
Alderman Cody Voted Nay
Alderman
Carvin Voted Aye
Alderman
Dalgo Voted Aye
Alderman Gill Voted Aye
Discussion
took place regarding item b Ordinance 13-1976 between the board and Mr. Pete
Ashley. Item (b) was tabled and a work session with the Planning Commission was
scheduled for January 10, at
Discussion by Mr. Tommy Broadnax about business uses of public streets.
Motion made
by Joe Carvin and seconded by John Gill to accept a resignation letter and make
it part of the minutes from Jason Swaggert and authorize Mr. Scruggs the
authority to start the process to fill the position. Motion carried
unanimously.
Motion was
made by Alderman Lloyd and seconded by Alderman Jalanivich for Damien McKay to
report back to the Park Commission that this board is in support of placing a
port-a-potty at
Alderman McDonnell
requested Damien McKay get the cost of placing a decorative fence along the
corner at
MAYOR
No Report.
CITY ATTORNEY
No Report.
AUDIENCE REQUEST
Thank you to
Police Dept for a good job done over New Years.
Thank you to
the Board for supporting the Walking Relay for Education.
Mayor thanked
everyone who went to
At 8:35 p.m.
a motion was made by Alderman Jalanivich seconded by Alderman Carvin to go into
closed session to see if they would remain in executive session. Motion carried
unanimously. Alderman Jalanivich requested all Department Heads to stay until
the board comes out.
Motion was
made by Alderman Jalanivich seconded by Alderman Carvin to remain into
executive session to discuss matters relating to personnel. Motion carried
unanimously.
At 9:00 p.m.
Alderman Jalanivich made a motion with a second by Alderman Cody to return to
regular session. The motion carried unanimously.
Alderman
McDonnell made a motion with a second by Alderman Dalgo to recess until 6:00
p.m. on January 18, 2005.
________________________ ______________________
City Clerk Mayor
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Date Date