REGULAR MEETING OF MARCH 1, 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 March 1, 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 asked members of the Boy Scouts to lead the Pledge of Allegiance.

 

Jackson County Civil Defense Director Butch Loper presented a letter of appreciation to Firefighter Ray West, which is signed by the Director of the Mississippi Emergency Management Agency Robert Latham (Exhibit 3).

 

Mayor Ainsworth presented a proclamation to Pamela Cox proclaiming March 2005 as Purchasing Month in Ocean Springs (Exhibit 4).

 

Mr. Ed Crenshaw, VP of Public Relations for Gulf LNG Energy of Houston, Texas, gave a presentation on the Clean Energy Project receiving terminal which is planned for the Port of Pascagoula and will startup in 2009.  The presentation was requested by the Jackson County Port Authority and will be given to all municipalities in Jackson County.

 

 

CONSENT AGENDA

 

Motion was made by Alderman Jalanavich, seconded by Alderman Carvin and unanimously carried to approve the Consent Agenda, except items (t, x), which were pulled by Alderman Lloyd and items (f, h, k, y) which were pulled by Alderman Dalgo.  Item (w) was pulled and voted on later in the meeting.

 

 

DEPARTMENT REPORTS

 

City Clerk

 

City Clerk, Adrienne Howell, introduced new Deputy Clerk, Melinda McDowell.   A motion was made by Alderman Jalanavich and seconded by Alderman Gill and unanimously carried to adopt the budget amendment (Exhibit 6-a) as presented by the City Clerk. 

Police Department

 

Alderman Dalgo questioned the Chief of Police as to whether or not three employees needed to attend the Regional Financial Management Training Seminar in Atlanta, GA on May 11-12, 2005 (Exhibit 5-f).   A motion was made by Alderman Jalanavich and seconded by Alderman Carvin to authorize three employees to attend the seminar.  The motion failed as follows:  Aldermen Lloyd, Jalanavich, and Carvin voted Aye and Aldermen McDonnell, Cody, Dalgo and Gill voted Nay.  Motion was made by Alderman Cody and seconded by Alderman McDonnell to send two police department employees and one fire department employee to the seminar and authorize payment of travel expenses.  The motion passed with Aldermen Lloyd, Jalanavich, Carvin, McDonnell, Gill and Cody voting Aye and Alderman Dalgo voting Nay.      

 

Motion was made by Alderman Dalgo, seconded by Alderman Carvin and unanimously carried to authorize the transfer of Roy “Bryan” Wallace from Patrol to dispatcher position at no salary change and authorize the patrolman position to be filled (Exhibit 5-h).  Chief Belk said he intends to eventually transfer Mr. Wallace back to a Patrol position.

 

Chief Belk addressed the issue of the current 120 hour cap on comp time.  He requested a temporary suspension of the 120 hour comp leave cap, and explained that the 16 hour comp time cap for new hires is very difficult to work with.   He pledges to do his best to keep the comp time hours to a minimum but cannot predict when overtime hours will be needed.

 

 

Fire Department

 

No report.

 

 

Risk Manager/HR

 

Item 5-x of the Consent Agenda was discussed regarding a leave policy for part-time regular employees.  The Human Resources Manager recommended a change in policy to follow Mississippi code and be equitable for all employees.  Motion made by Alderman Jalanavich and seconded by Alderman Carvin to approve amendment to the leave policy as it pertains to part-time regular employees as outlined in Exhibit 5-x.  The motion carried unanimously.

 

After a discussion of Item 5-y of the Consent Agenda a motion was made by Alderman McDonnell, seconded by Alderman Carvin and unanimously carried to deny any attendance of the Motivational Seminar.

City Engineer

 

Mr. David Compton, City Engineer, reported the following: the pile driving at the Fort Bayou pier has begun, the field work for the Hwy 90 boat launch by the bridge has been finished and the drafting has begun.  He introduced Ed Ott from his firm. 

 

Alderman Dalgo requested an update on the sewer problems in Canebrake Subdivision.  The Mayor reported that he sent a letter to Mississippi Gulf Coast Regional Wastewater Authority informing them of the sewer problems and asked them to make a recommendation to fix the problems.  Mr. Compton also contacted Mississippi Gulf Coast Regional Wastewater Authority and asked them to get involved in resolving the sewer problems and will follow up for a response.

 

Public Works

 

Motion was made by Alderman Jalanavich and seconded by Alderman Lloyd to exercise the “Two Year Mutual Party Contract Extension” on sewer pumps and plastic drainage pipe biannual bids if agreed upon by suppliers and if not agreed upon authorize the solicitation of bids (Exhibit 5-p).  The motion was unanimously carried.

 

Mr. Kaufman reported that Mrs. Tonya Martin, homeowner at 8309 Holiday Drive has requested to attach to the city sewer system at her own expense (Exhibit 5-q).  This property is outside the city limits.   City Clerk Howell questioned what the recourse would be if this customer failed to pay their sewer bill.  Alderman Cody made a motion to have Mr. Kaufman draw up a feasibility study with cost estimates including a deposit plan to provide water and sewer at 8309 Holiday Drive and present it at the next board meeting for consideration.  The motion was seconded by Alderman Jalanavich and unanimously carried.

 

Mr. Kaufman voiced concerns about the current comp time policy.  He is having a difficult time with the current policy requiring a 120 cap on comp time leave and a 16 hour cap on comp time leave for new hires.  Aldermen Cody and Lloyd are working on a new policy and should have it ready by Friday (March 4, 2005).    Motion was made by Alderman McDonnell, seconded by Alderman Jalanavich and unanimously carried to temporarily change the cap on comp time leave to 240 hours for all employees including new hires effective tonight.    

 

Mr. Kaufman reported that work has been completed on the water tank on Halstead road after residents complained of foul water.  The chlorinator was not working properly due to a faulty valve.  Work is being done at Ashley Place,   notices have been sent out to residents, streets are blocked and will be open by the end of the week.

 

Alderman McDonnell said that he received a call from Mr. Robert Barq, owner of the mini storage in O.S., about problems getting information on how he can get sewer hooked up to his business.   Mr. Kaufman said that he sent a letter to Broussard plumbing in June or July and the board authorized him to be allowed to tie into the same grinder pump that What-A-Burger and Tire Kingdom have (which is a private line that they own).  Mr. Scruggs reported that about five property owners own the pump and will have to endorse the plan to allow Mr. Barq to tie into their line. 

 

Alderman McDonnell said that Mr. Johnny Mladnich called him and said that he had some decorative light poles that he had acquired many years ago from front beach in Ocean Springs and would like to donate them at no cost back to the city.  Mr. Kaufman will contact Mr. Mladnich and inspect the light poles.

 

Alderman Dalgo said that he had received a complaint from a resident on Lanette Drive about a spider web of Cable One wires in their backyard and on their fence which has been there for five months.  Mr. Kaufman will follow up. 

 

 

Community Development and Planning

 

Alderman Lloyd asked if there was any provision to require residents to rebuild a pier or remove the pilings from the water once a pier has been damaged from a storm.   Mr. Scruggs said that he will call DMR and see what can be done.  Motion was made by Alderman Lloyd, seconded by Alderman Dalgo and unanimously carried to accept the recommendation to authorize Phyllis Consentino to construct a pier and deck at 121 Pine Drive (Exhibit 5-t).

 

Motion was made by Alderman Jalanivich and seconded by Alderman Gill to adopt Ordinance No. 4-2005 REQUIRING ADDITIONAL PROVISIONS REGARDING DEMOLITION OF BUILDINGS NOMINATED AS A HISTORIC SITE, PROPERTY OR LANDMARK AND/OR BUILDINGS IN EXCESS OF 50 YEARS IN AGE (Exhibit 5-w).  The motion passed with a roll call vote as follows:

 

Alderman Jalanivich                    Voted Nay

Alderman Lloyd                          Voted Nay

Alderman McDonnell                   Voted Aye

Alderman Cody                          Voted Aye

Alderman Dalgo                         Voted Aye

Alderman Gill                                      Voted Aye

Alderman Carvin                        Did not vote, was out of the room

 

Motion made by Alderman Jalanavich and seconded by Alderman Lloyd to pass a resolution authorizing the City to sell a piece of un-useable land measuring 330 sq. ft. on Holcomb Blvd. for the sum of $980 (Exhibit 6-a).  The motion passed unanimously.  The prospective buyer, Douglas Roll, obtained three appraisals, which are attached and made a part of the minutes herein (Exhibit 6-e). 

 

Mr. Scruggs gave an update on the C4-B district and said that he received opinions from the property owners and the planning commission and would like this matter to be considered at the next board meeting.

 

Alderman McDonnell reported that he received a letter from Mr. Dinero of 1320 Harbor Drive indicating an interest in a joint venture with the city to build public restrooms on his property.  Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to accept his letter and spread it upon the minutes.  The letter is attached and labeled Exhibit 6-d.

 

Alderman McDonnell voiced concerns that resulted from a meeting with residents that live in the C4-B district regarding traffic, water runoff, congestion from parking and further encroachment on adjacent neighborhoods in the area around the harbor.  Alderman McDonnell made a motion which was seconded by Alderman Gill to place a six month moratorium on additional development excluding the harbor dock dry storage facility and its ancillary structure, the existing Marine Mart and the harbor master’s house in the C4-B (which are all located in the Ocean Springs harbor area).  The motion failed with Aldermen McDonnell and Gill voting Aye and Aldermen Jalanavich, Lloyd, Cody, Dalgo and Carvin voting Nay.  Mr. Scruggs advised the board that the matter had not been before the Planning Commission, but they will review it at their Tuesday (March 8, 2005) meeting.   

 

Motion made by Alderman Cody and seconded by Alderman Carvin to have the Planning Commission in conjunction with the City Planner, the Police Chief and the Fire Chief study the traffic impact, the marine impact, the noise and provide a method to control the situation and come back with a recommendation so there will be a basis for action being taken.  Motion carried unanimously.

  

Alderman Lloyd made a motion seconded by Alderman Jalanavich for the Planning Commission to give a recommendation at the next meeting on a moratorium on the C4-B Harbor area.   Motion carried unanimously.

 

Alderman Dalgo made a motion which was seconded by Alderman Gill to have the matter of the C4-B harbor area be remanded to the Planning Commission for a study of the issue, making a recommendation with all of the concerns mentioned tonight and present back to this board ASAP and while this process is going on that a temporary moratorium will be in effect that will not allow any building permits to be pulled or allow any construction other than what is going on right now excluding the harbor master’s house, Mr. Dinero’s and Mr. Harris’s businesses.  Mr. Scruggs said that the Planning Commission could have an ordinance in two weeks or a recommendation for a moratorium to be put in place.  Mr. Edwards, City Attorney, said that the Planning Commission may make a draft of the ordinance and will also have a recommendation whether the impacts do make a difference or do not.  If they do make a difference they may make a recommendation of a further moratorium.  Mr. Edwards said a moratorium at this time would not be arbitrary or capricious because the board is staying the period until they have all of the facts.  The motion passed with Aldermen McDonnell, Cody, Dalgo and Gill voting Aye and Aldermen Jalanavich, Lloyd, and Carvin voting Nay.

 

Dr. Pontius, from the audience, expressed a concern that the Planning Commission does not handle commercial business.  Mr. Scruggs said that the Planning Commission can look at commercial and can look at residential but does not look at every business permit that comes in.

 

Alderman McDonnell made a motion which was seconded by Alderman Dalgo to include the Harbor Commission along with the Planning Commission to look at the issues in C4-B and make a recommendation to the board.  Motion was passed unanimously.

 

 

Parks and Recreation

 

Motion was made by Alderman Jalanavich and seconded by Alderman Dalgo to adopt a Resolution Authorizing and Approving the Execution of an Equipment Lease-Purchase Agreement with First Continental Leasing for the Purpose of Lease-Purchasing Two Buses and for the City Attorney to review the lease and sign off on it (Exhibit 6-b).  The motion passed unanimously. 

 

Mayor

 

No report

 

City Attorney

 

At the request of Mr. Edwards, a motion was made by Alderman Jalanavich, seconded by Alderman Cody and was unanimously carried to authorize the Mayor to sign Right of Way and Easement Deed for Centerpoint Energy Resources Corp to have a five foot easement on a very small piece of property south of Porter Street and west of Martin Avenue (Exhibit 6-c). 

 

 

ALDERMAN’S FORUM

 

Motion was made by Alderman Cody and seconded by Alderman Gill to pay for the replacement of the American flags used on Hwy. 90 with funds coming from the following Aldermen accounts: Gill, Curtis, Dalgo will donate $500, Alderman McDonnell will donate $1,000 and the remainder will come out of Alderman Cody’s account.  The motion passed unanimously.  The total cost to replace 229 flags is $3,492.25. 

 

NEW BUSINESS

 

Citizen Claire Brou requested speed bumps on Jackson Avenue.  She read a letter which she wrote to the Chief of Police on February 11th regarding an incident occurring at her residence when she fell out of her wheelchair.  She also requested that the City pay for a survey of public property adjacent to her property which was denied.

 

Alderman McDonnell requested that Chief Belk bring back an action plan in two weeks outlining the plan for manpower covering the beach this summer.  Chief Belk reported that there was a great deal of overtime in relation to this issue last year.

 

 

AUDIENCE REQUEST

 

Citizen Morris Sonnier representing the O.S. Civic League, a non-partisan group, passed out a handout with information on anticipated available money as a result of note payoffs.  Mr. Sonnier asked if there would be a tax increase and a discussion of how the City plans to pay for the 19th Hole Project followed.    Alderman Gill made a motion which was seconded Alderman Lloyd to ask the City Clerk to come up with a written plan to show the public how the City plans to pay for $1.6 million dollar referendum.  The motion carried unanimously.

 

Citizen Anne Burke asked to see a copy of the 2003 audit.  City Clerk, Adrienne Howell, said that the audit will be ready in two or three weeks.    

 

Citizen Ray Krystosek of Fort Bayou Estates had a question about redistricting and what district he would fall into and who his alderman would be.  Alderman Gill gave an explanation of the redistricting.  Mr. Scruggs reported that he and the City Clerk will be mailing out notices to the citizens who are affected by the redistricting and The Mississippi Press will be publishing full color redistricting maps including breakdown by wards. 

 

 

EXECUTIVE SESSION

 

Motion was made by Alderman Jalanavich, seconded by Alderman Carvin, to go into closed session to see if they would remain in executive session.  The motion passed with Aldermen Jalanavich, Carvin, McDonnell, Cody, Dalgo and Gill voting Aye and Alderman Lloyd voting Nay.

 

The City Clerk returned to the meeting and announced that a motion was made by Alderman Carvin, seconded by Alderman Jalanivich, and unanimously carried to remain in executive session to discuss matters relating to litigation and personnel in the Supervision and Finance department.

 

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

 

Motion was made by Alderman Cody, seconded by Alderman Jalanavich, and unanimously carried to promote Patty Gaston to Deputy City Clerk with a $3.00 an hour salary increase.

 

Motion was made by Alderman Cody, seconded by Alderman Dalgo, and unanimously carried to adjourn until 6:00 p.m. on March 15, 2005.

 

 

________________________                        ______________________

             City Clerk                                                        Mayor

 

 

          ___________                                               __________

                 Date                                                            Date