RECESS MEETING OF JUNE 15, 1999
A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 7:00 p.m. on June 15, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper, McKay and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
At this time Mayor Ainsworth presented the following Proclamation to Ruth P. Dobbs, who is retiring as Water Officer Supervisor after 25 years of employment with the City.
(Dobbs Proclamation)
Sonny Daughdrill, on behalf of Bell South and the Pioneering Organization, presented Adam Johnson with an award for placing first in the State of Mississippi in the Bell South Essay Contest entitled "With A College Education I Can Do Anything."
The next item taken up for consideration was the Consent Agenda:
a) Approve Minutes of Regular Meeting of June 1, 1999
b) Accept May 1999 Police Report and Police Reserve Report and pay stipend of $340.00
c) Allow Ptn. Mark Spicer to attend the D.A.R.E. Summer Training Conference in Biloxi on June 23-26, 1999, and prepay the $150.00 tuition fee and pay all other reasonable and actual expenses
d) Accept Police Chief's recommendation to accept resignation of Ptn. Larry Turner, effective June 18, 1999, and allow him to proceed immediately with the process to fill the vacancy:
(Turner Resignation)
e) Allow Ptn. Derek Hentges and Scott Johnson to attend the seminar on Investigation of Bombs and Explosive Devices in Raymond, MS, on July 7-9, 1999, and prepay the tuition fee of $250.00 per officer and pay all other reasonable and actual expenses
f) Allow Dispatcher James Catchot to attend the Terminal Agency Coordinator (TAC) School in Pearl, MS, on July 19-23, 1999, and pay all reasonable and actual expenses
g) Accept Fire Report for May 1999
h) Allow Fire Dept. Clerk Danna Shirley to attend the Access 97 course at the USM Campus in Gautier on July 3, 1999, and prepay the course fee of $79.00 and pay all other reasonable and actual expenses
i) Accept City Engineer's recommendation to approve payment of Invoice No. 1 from X-Cel Construction, Inc. in the net amount of $18,498.96 for construction services regarding the Queen Elizabeth Drainage Project:
(X-Cel Invoice)
j) Accept City Engineer's recommendation to approve Pay Request No. 1 in the amount of $9,794.70 from McPhearson Construction Service, Inc. for Renovations to the Community Pier:
(Community Pier Pay Request)
k) Accept Mayor's recommendation as Acting Public Works Director to increase Gerald W. Groue's (Water Dept. Laborer) hourly rate to $8.07 (Band 1/Step 6), effective June 16, 1999:
(Groue Pay Increase)
l) Accept Mayor's recommendation as Acting Public Works Director to place Public Works Clerk Sheila G. Mayfield on permanent employee status with the City of Ocean Springs:
(Mayfield Permanent Letter)
m) Allow Mayor Ainsworth, Aldermen Cosper and Jalanivich, and City Planner to travel to Starkville, MS, to review renovations to "sister building" of Old High School Administration Building and pay all reasonable and actual expenses:
(O’Keefe Building Travel Letter)
n) Accept Building Report for May 1999
o) Pay City Attorney's bill for May 1999 in the amount of $4,122.58
p) Accept City Attorney's letter of June 10, 1999, and spread it upon the Minutes:
(CA Letter re: No Additional Pay for Alderman)
q) Accept easements from Walter W. and Linda Falks, Michael R. and Pamela B. Ales, Jose E. and Judith Roman, Anner R. Lynch, Julie E. Breland and Debbie L. White, Dora M. Alliston, and Brumfield Properties, Inc. regarding in regarding the Queen Elizabeth Dr. Drainage Project
r) Accept Action Report and spread City Attorney's letter of May 20, 1999, upon the Minutes:
(CA Letter re: Action Report Items)
s) Pay the Docket of Claims as presented and spread docket summary upon the Minutes:
(Docket Summary)
Items k and m were removed from the Consent Agenda for further consideration.
Motion by Garrard, seconded by McKay, to approve the Consent Agenda, excluding items k and m.
VOTING AYE ALL
VOTING NAY NONE
Department Reports
Motion by Garrard, seconded by McKay, to accept the Police Chief’s recommendation to cease parking on the west side of Thorn Ave. and authorize the City Attorney to draft an amendment to the necessary ordinance.
VOTING AYE ALL
VOTING NAY NONE
(Farrell Resignation Letter)
Motion by Jalanivich, seconded by Cody, to accept the Police Chief’s recommendation to accept the resignation of Patrolman Garr Farrell, effective June 30, 1999, and allow the Police Chief to proceed immediately with the process to fill the vacancy.
VOTING AYE ALL
VOTING NAY NONE
Motion by McKay, seconded by Cody, to require all City employees to live within a 30 mile radius of City Hall, with the exception of Department Heads, who will still be required to live within West Jackson County.
VOTING AYE ALL
VOTING NAY NONE
(Ponson Letter)
Motion by Cody, seconded by Jalanivich, to accept the Fire Chief’s recommendation to pay Lt. Jeff Ponson Captain’s pay until the Captain’s position is filled, contingent upon approval from the Civil Service Commission.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY Alderman Garrard
(Community Pier Reconstruction)
Motion by McDonnell, seconded by Garrard, to approve Change Order No. 1 to the Community Pier Renovation contract in the amount of $7,368.00 for repair of the first 84 feet of the pier.
VOTING AYE ALL
VOTING NAY NONE
(Emergency Watershed Protection Program - Bid Award Correction)
Motion by Garrard, seconded by Cody, to accept the City Engineer’s recommendation to correct the bid award amount for the Emergency Watershed Protection Program to $56,992.00 to correspond with the actual bid received from the contractor, Louis B. Stockstill.
VOTING AYE ALL
VOTING NAY NONE
(Emergency Watershed Protection Program - Pay Request)
Motion by Cosper, seconded by McKay, to accept the City Engineer’s recommendation to approve the first and final pay request from Louis B. Stockstill in the amount of $51,292.80 for construction services regarding the Emergency Watershed Protection Program.
VOTING AYE ALL
VOTING NAY NONE
(CE Letter re: Change Order to Vietnam Veterans Memorial Sign Contract - McPhearson Construction)
Motion by McKay, seconded by Gill, to accept the City Engineer’s recommendation to approve a change order in the amount of $2,200.00 to the Mississippi Vietnam Veteran’s Memorial Sign project.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cosper, seconded by Cody, to authorize Moran, Seymour and Associates to draft specifications for the Eastland/Stennis/Colmer drainage project.
VOTING AYE ALL
VOTING NAY NONE
Motion by McKay, seconded by Garrard, to authorize the Mayor or Alderman Jalanivich to contact the Jackson County Board of Supervisors regarding paving projects for the City.
VOTING AYE ALL
VOTING NAY NONE
After some discussion regarding item k of the Consent Agenda, the following motion was made:
Motion by Cody, seconded by Jalanivich, to accept the Mayor’s recommendation as Acting Public Works Director to increase Gerald W. Groue’s (Water Department Laborer) hourly rate to $8.07 (Band 1/Step 6), effective June 16, 1999.
VOTING AYE ALL
VOTING NAY NONE
Motion by Gill, seconded by McKay, that a City employee can not be paid for more than 30 days until his or her employment comes before the Board for confirmation.
VOTING AYE ALL
VOTING NAY NONE
(Pedestrian Zone for Washington Ave.)
Motion by McDonnell, seconded by McKay, to allow the City Planner to continue with the pedestrian zone project , including the Chamber of Commerce and its members in the project, and report back to the Board with a recommendation.
VOTING AYE ALL
VOTING NAY NONE
(Waugh’s resignation)
Motion by Garrard, seconded by McDonnell, to accept the resignation of Kathy Waugh, effective June 25, 1999, and authorize the City Planner to begin the process to fill the vacancy.
VOTING AYE ALL
VOTING NAY NONE
The Board took no action regarding the requests for funding for the National VICA Skills Olympics and the Souvenir Booklet for Victory Full Gospel Christian Center, as no funds were available from the Community Promotion budget.
New Business
(Change Order - Courtroom Renovation)
Motion by Jalanivich, seconded by McDonnell, to approve Change Order No. 1 in the amount of $2,405.00 and Change Order No. 2 in the amount of $1,525.90 as identified regarding the contract for the Renovations to the City Courtroom.
VOTING AYE ALL
VOTING NAY NONE
(Jr. Auxiliary Letter)
Motion by McDonnell, seconded by Cody, to allow the Junior Auxiliary of Biloxi-Ocean Springs use the Community Center on November 8, 1999, if available, and to waive the rental fee.
VOTING AYE ALL
VOTING NAY NONE
(School Letter)
Motion by McKay, seconded by McDonnell, to allow the Ocean Springs School District to use the Community Center on June 30, 1999, if available, and to waive the rental fee.
VOTING AYE ALL
VOTING NAY NONE
Historic Preservation
(Pylate COA)
Motion by McDonnell, seconded by Cody, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Joan Pylate at 410 Ruskin Ave.
VOTING AYE ALL
VOTING NAY NONE
(Johnson/Bolton COA)
Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Noah Johnson/Walter Bolton at 816 Church Ave.
VOTING AYE ALL
VOTING NAY NONE
(Martin COA)
Motion by McDonnell, seconded by Garrard, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Alice Tee Austin and Alice A. Martin at 545 Front Beach Dr.
VOTING AYE ALL
VOTING NAY NONE
Planning Commission
(Freeman Documents)
Motion by McDonnell, seconded by Cody, to accept the Planning Commission’s recommendation to approve the request of M. G. Freeman for a zoning change on his Bienville Blvd. Property from R-1 to R-4, pending final review and approval by the City Engineer, City Planner, City Attorney, Mayor and any other necessary personnel, and receipt of any necessary studies required.
VOTING AYE ALL
VOTING NAY NONE
(Documents: Donald F. Santa Cruz, Jr. - Southwind S/D - SPA)
Motion by Gill, seconded by Jalanivich, that Sketch Plat not be approved for Southwind Subdivision until all necessary information has been provided to the City Planner.
VOTING AYE ALL
VOTING NAY NONE
(Documents: Louis Breland - Bayou View S/D - SPA)
Motion by Cosper, seconded by Cody, to deny Sketch Plat Approval to Bayou View S/D as submitted and to refer the developer to the City Planner to work out the contingencies.
VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Jalanivich
(Documents: Randy Wrigley - Lakeview S/D, Phase II - SPA)
Motion by McDonnell, seconded by Cody, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Lakeview Subdivision, Phase II, based on the movement of the stub-out between lots 4 and 5 to fall between lots 6, 7 or 8..
VOTING AYE Aldermen Jalanivich, Garrard, McDonnell, Cody, McKay and Gill
VOTING NAY Alderman Cosper
(McDonnell Resignation as Mayor Pro Tem)
Motion by Cody, seconded by Garrard, to accept the resignation of Matt McDonnell as Mayor Pro Tem.
VOTING AYE ALL
VOTING NAY NONE
Appointments
Motion by Garrard, seconded by Cody, to appoint Alderman Jalanivich as Mayor Pro Tem.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to reappoint Oscar R. Jordan to a one year term as City Attorney ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to reappoint Toups, Hooker, Hendrick & Co. to a one year term as City Auditor ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
The Civil Defense Director appointment was held over until the next meeting.
Motion by Garrard, seconded by Gill, to hold all remaining appointments until the August 3, 1999, meeting.
VOTING AYE Aldermen Garrard, Cody, McKay and Gill
VOTING NAY Aldermen Jalanivich, McDonnell and Cosper
The motion carried.
Motion by Cody, seconded by McKay, to rescind the previous motion holding all remaining appointments until the August 3, 1999, meeting.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY Alderman Garrard
Motion by McKay, seconded by McDonnell, to reappoint Keith Miller to a one year term as City Prosecuting Attorney ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
Motion by McDonnell, seconded by McKay, to appoint Matthew Mestayer to a one year term as City Judge ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Gill, to appoint Neil Harris to a one year term as City Prosecuting Attorney/City Judge Pro Tem ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McKay, to separate the position of City Prosecuting Attorney/City Judge Pro Tem into two positions with same hourly rate as currently paid.
VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper and Gill
VOTING NAY Aldermen Jalanivich and McKay
Motion by Cody, seconded by Jalanivich, to rescind the previous motion to separate the position of City Prosecuting Attorney/City Judge Pro Tem into two positions.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by McDonnell, to appoint Joe Telarico to a four year term on the Building Board ending June 30, 2003.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Garrard
Motion by McDonnell, seconded by Cody, to hold the Civic Center Commission appointments over until the next meeting.
VOTING AYE Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill
VOTING NAY Alderman McKay
Motion by Jalanivich, seconded by Cody, to reappoint Charles Evans to a three year term on the Electrical Board ending June 30, 2002.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Garrard
Motion by McDonnell, seconded by Cody, to reappoint Jett Leake to a four year term on the Historic Preservation Commission ending June 30, 2003.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Cosper, to reappoint Jeff McDaniel to a five year term on the Library Board ending June 30, 2004.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Anthony Straight to a three year term on the Mechanical Board ending June 30, 2002.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by Cody, to reappoint Laura Endt to a four year term on the Museum Commission ending June 30, 2003.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to reappoint Joey Bellman to a five year term on the Park Commission ending June 30, 2004.
VOTING AYE Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman McKay
Motion by Gill, seconded by Jalanivich, to reappoint Walter Bolton and Paul Bradford to three year terms on the Planning Commission ending June 30, 2002.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Garrard
Motion by Jalanivich, seconded by Cody, to reappoint Anthony Woods to a three year term on the Plumbing Board ending June 30, 2002.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Garrard
Motion by Cody, seconded by Garrard, to reappoint Myrtle Keys, Mrs. C. B. Fulton and Billy Fulton to one year terms on the Taxi Board ending June 30, 2000.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cosper, seconded by McKay, to dissolve the Tourism Board.
VOTING AYE ALL
VOTING NAY NONE
Motion by Cody, seconded by Jalanivich, to reappoint Richard Schmidt and David LaPointe to three year terms on the Zoning and Adjustment Board ending June 30, 2002.
VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill
VOTING NAY NONE
VOTING ABSTAINED Alderman Garrard
Audience Request
An unidentified member of the audience asked for an update on the recreation complex.
Motion by Jalanivich, seconded by McKay, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
Motion by Jalanivich, seconded by McDonnell, to go into Executive Session to discuss personnel matters in the Public Works Department and to excuse the City Clerk.
VOTING AYE ALL
VOTING NAY NONE
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss personnel matters in the Public Works Department.
Alderman Garrard left the meeting at approximately 10:00 p.m., 25 minutes after the Executive Session had begun.
After approximately 50 minutes the Executive Session ended and the following motion was made:
Motion by Jalanivich, seconded by Cody, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
After some discussion regarding item m of the Consent Agenda, the following motions were made:
Motion by McDonnell, seconded by Cosper, to approve item m of the Consent Agenda.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Motion by Cosper, seconded by McKay, to officially appoint Betty Magee (Ocean Springs Art Association), Maralou Hutto (School Alumnus), Margaret Miller (Chamber of Commerce), Clayton Bass (Walter Anderson Museum of Art) and Britt Sandblom (Historic Ocean Springs Association) to serve on the advisory board for the development of the Mary C. O’Keefe Cultural Center of Arts and Education (Old High School Administration Building) at no compensation or benefit from the City.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Motion by Cosper, seconded by Cody, to authorize the Mary C. O’Keefe Cultural Center of Arts and Education Advisory Board to travel to Starkville, MS, with City Officials and the City Planner to review renovations to the "sister building" of the Old High School Administration building and to authorize payment all of their reasonable and actual expenses at the same rate allowed for officers and employees of the City of Ocean Springs.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
ORDINANCE NO. 5 - 1999
AN ORDINANCE AMENDING ORDINANCE NO. 4-1969 AS PREVIOUSLY AMENDED BY ORDINANCE NO. 5-1995 WHICH PROVIDE FOR THE GOVERNING AND CONTROLLING THE STORAGE, CONTAINERIZATION, PICKUP, DISPOSAL, DESTRUCTION AND DISPOSITION OF RUBBISH, TRASH, KITCHEN WASTE, RESTAURANT WASTE, FOOD CONTAINERS, PAPER, BAGS, FLOOR LITTER, SIDEWALK SWEEPING, CUT OR FALLEN LEAVES, CUT GRASS, CUT WEEDS, HEDGE TRIMMINGS, SMALL TREE TRIMMINGS, PAPER CONTAINERS OR OTHER REFUSE, ORIGINATING IN DWELLING OR BUSINESS ESTABLISHMENTS OR ON THE SIDEWALKS OF NEUTRAL GROUNDS ADJOINING SAID BUILDINGS, SAID 1995 AMENDMENT PROVIDING FOR THE INCREASE OF FEES, ESTABLISHING A RECYCLABLE PROCEDURE, DEFINING RECYCLING, AND FOR SIMILAR RELATED CHANGES
Motion by McKay, seconded by Gill, to adopt the above and foregoing Ordinance.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
(Cellular South - Non-Exclusive Franchise Agreement for Antennae)
Motion by Jalanivich, seconded by McKay, to approve the Non-Exclusive Franchise Agreement with Telepak, Inc. d.b.a. Cellular South and authorize the Mayor to sign said agreement on behalf of the City.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Aldermen Reports
Motion by McKay, seconded by Jalanivich, to authorize the City Attorney to research and develop a rider to the current Subdivision Regulations to put the responsibility of road construction on the contractor so roads will last through the life of the project.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Motion by Cody, seconded by McDonnell, to authorize the Mayor to request a street lighting study at 219 White Ave.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Motion by Cody, seconded by McDonnell, to authorize the Mayor to request a street lighting study at Catherine and Halstead.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
Motion by Cody, seconded by Gill, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Garrard
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City Clerk Mayor