RECESS MEETING OF MAY 21, 2002

 

 

A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 6:00 p.m. on May 21, 2002, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.  Alderman Dalgo was absent.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

At this time Mayor Ainsworth presented the following proclamation to retiring Fire Captain Darryl Thibodeaux proclaiming May 21, 2002, as Captain Darryl Thibodeaux Day.

 

(Proclamation)

 

Consent Agenda

 

City Clerk:

a)      Approve Minutes of Regular Meeting of May 7, 2002

b)      Accept Action Report

c)      Pay Docket of Claims and spread docket summary upon the Minutes:

(Claims Docket)

d)      Accept proposal from Municipal Code Corporation for codification of 2001 ordinances at estimated cost of $1,071.00:

(Ordinance Proposal)

e)      Authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action No. 2002-0135-PW, “Joe West Realty, Inc., et al v. City of Ocean Springs, et al” (Parcel No. 07225011.000):

(Answer)

        Police Dept.:

f)        Accept Police Report for March 2002

g)      Accept Police Reserve Report for December 2001 and pay $160.00 stipend

h)      Accept Police Reserve Report for January 2002 and pay $180.00 stipend

i)        Place Officer Kenneth (Ryan) Lemaire on full-time employment status, effective May 27, 2002, and place him at Band 4/Step 2 of the salary scale ($11.07 hr.):

(Lemaire Full-time Letter)

j)        Reclassify Elizabeth Gillespie as Administrative Assistant, effective May 22, 2002, and place her at Band 3/Step 8 of the salary scale ($11.42 hr.):

(Gillespie Raise Letter)

k)      Allow Police Chief and Deputy Police Chief to attend MS Association of Chiefs of Police Annual Spring Conference in Biloxi on May 27-31, 2002, and prepay annual membership dues ($50.00 each) and registration fee ($125.00 each)

l)        Authorize application for 154 Alcohol Countermeasures 2002 Grant ($100,000.00, 90/10 match) for purchase of camera system for 20 patrol cars, approve 10% ($10,000.00) match in FYE 2003 Budget and authorize Mayor and Police Chief to sign appropriate paperwork to apply:

(Grant Letter)

        Fire Dept.:

m)    Accept retirement resignation of Capt. Darryl Thibodeaux, effective June 14, 2002, and allow Fire Chief to begin the process to hire a Firefighter for placement on that shift and proceed with promotional process to fill vacated position of captain:

(Thibodeaux Retirement Letter)

n)      Allow Fire Chief to attend Mississippi Fire Chief’s Conference on June 6-7, 2002, and Mississippi Emergency Management Agency Conference on June 10, 2002, in Jackson, prepay any necessary registration fees and pay all other reasonable and actual expenses

o)      Allow Lt. Terry Webb to attend MS Fire Investigators Association 2002 Spring Seminar in Tupelo on June 12-14, 2002, prepay $95.00 registration fee and pay all other reasonable and actual expenses

        Public Works:

p)      Accept recommendation to award bid for City Street and Sidewalk Rehabilitation Program to Twin L Construction at unit prices outlined in bid:

(Street/Sidewalk Bid Letter)

q)      Accept recommendation to approve alternative to “No Parking” Ordinance for Colonial Dr.:

(Colonial Dr. Letter)

r)       Pay invoice from Graham Construction Co, Inc. ($11,920.50) for sewer repairs on Bryant Circle:

(Graham Invoice)

        Community Development & Planning:

s)       Accept Building Report for April 2002

t)        Offer to hire Houston John Gibson as Assistant City Planner at starting salary of $26,098.00 plus $1,080.00 educational incentive ($27,178.00 total), effective June 10, 2002, contingent upon receipt of transcripts and successful completion of all pre-employment requirements:

(Gibson Hire Letter)

u)      Hire the following individuals on a part-time basis under Urban Youth Corp Grant Program at rate of $7.50 per hour:  Jenny Eaton – June 3, 2002 and Destin Russell – June 3, 2002:

(Youth Corp Grant Hires)

v)      Accept and approve traffic study relative to impact of Camellia Point Townhomes and Condominiums:

(Camellia Point Traffic Study Letter)

w)    Approve Memorandum of Agreement for CIAP Funding regarding Davis Bayou Wastewater Extension and authorize City Clerk and City Engineer to take necessary steps to advertise bids for construction:

(MOA for CIAP Funding)

x)      Accept Planning Commission/City Planner recommendations with regard to the following:

1.      Mr. and Mrs. Donald Hartl – Lot Split at 229 Eastland Blvd.:

(Hartl Lot Split Documents)

2.      Pierce Blankenship – Rezone Property at 4121 Bienville Blvd. from R-5 (Mobile Home Residential) to C-3 (Highway Commercial):

(Blankenship Documents)

3.      Final Plat Approval for Mimosa Cove Subdivision:

(Mimosa Cove Documents)

y)      Accept Historic Preservation Commission recommendations with regard to the following COA’s:

1.      Audrey Brou – 510 Jackson Ave.:

(Brou COA)

2.      Shirley Steelman – 1101 Bowen Ave.:

(Steelman COA)

3.      Deborah H. Gilbert – 610 Catchot Place

(Gilbert COA)

        City Attorney:

z)       Pay City Attorney’s bill for April 2002 ($2,830.00)

aa)   Approve procedure for determining surplus real property owned by the City for sale in accordance with requirements of state law:

(Procedure for determining surplus property)

        Miscellaneous:

bb)  Approve salary increase for Sue Ray from Band 5/Step 3 ($13.14 hr.) to Band 5/Step 5 ($13.75 hr.):

(Ray Salary Increase Letter)

cc)   Approve $2,000.00 salary increase for Jill McDonnell, Human Resource/Risk Manager:

(J. McDonnell Salary Increase Letter)

 

Items e, i, j, q, t, u, x3, bb and cc were removed from the Consent Agenda for further consideration.

 

Motion by Gill, seconded by Carvin, to approve the Consent Agenda, excluding items e, i, j, q, t, u, x3, bb and cc.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Jalanivich, seconded by Carvin, to recess the Regular Session and convene as the full Zoning and Adjustment Board.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Members of the Review Section Committee present were Angela Sanders and Ray Heddings.  David LaPointe, Richard Schmidt and Keith Rhodes were absent.

 

(Marx Documents)

 

Motion by Jalanivich, seconded by Gill, to accept the recommendation of the Review Section Committee and grant a 20% side yard variance to Mr. and Mrs. Richard Marx for the property located at Lot 15 Cherokee Cove Subdivision at Cove Ave.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo and Members LaPointe, Schmidt and Rhodes

 

Motion by Jalanivich, seconded by Carvin, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Jalanivich, seconded by Carvin, to ratify the actions of the full Zoning and Adjustment Board.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Department Reports

 

City Clerk

 

Alderman Lloyd stated he had removed item e from the Consent Agenda in error.

 

Motion by Cody, seconded by Lloyd, to approve item e of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

“Blanket Water Deposits for Rental Property” was held over until the next meeting.

 

At this time the Board addressed “Time and Attendance Record Keeping at City Hall.”  Mayor Ainsworth reported that the item had been taken care of and asked that it be removed from the agenda.  Alderman McDonnell asked that a written report be provided to the Board regarding the status of the automated timekeeping system.  The Mayor replied that a report would be compiled as soon possible.

 

Motion by Carvin, seconded by Cody, to remove “Time and Attendance Record Keeping at City Hall” from the agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Police Dept.

 

Alderman Gill stated that he had removed item i from the Consent Agenda in error. 

 

Motion by McDonnell, seconded by Carvin, to approve item i of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time discussion was held regarding item j of the Consent Agenda.  Alderman Lloyd asked for clarification of the reason for the salary increase.  The Police Chief explained that the employee’s job duties had changed and that he was asking for reclassification of the employee as well as for a salary increase.  Mr. Lloyd suggested that the department heads compile a list of employees that they were recommending for raises and present the list to the Board at one time so the Board could look at a package to upgrade them and pay them what they are worth.  Several of the department heads stated they would have recommendations for employee raises at the next meeting.

 

Motion by McDonnell, seconded by Cody, to approve item j of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time consideration was given to items bb and cc of the Consent Agenda.

 

Motion by Jalanivich, seconded by McDonnell, to approve items bb and cc of the Consent Agenda.

 

Alderman Carvin thanked the department heads for trying to hold the line on the budget.  He asked that items bb and cc of the Consent Agenda be held until the new budget year so that the salary increases could be properly planned for.  Mayor Ainsworth asked the City Clerk if funds were available in the budget for the two raises.  She replied that funds were available for bb, but that she was unsure about cc.

 

VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody and Gill

VOTING NAY Alderman Carvin

ABSENT AND NOT VOTING Alderman Dalgo

 

Fire Dept.

 

(Lopes temporary replacement Letter)

 

Motion by Cody, seconded by Jalanivich, to authorize the Fire Chief to hire one additional firefighter to fill the temporary vacancy of Firefighter Shawn Lopes while on active military duty and that upon his return the additional position be vacated.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

City Engineer

 

Jeff May reported that contractor for the Fort Bayou Boat Ramp Project was preparing submittals for his materials for the project for review and approval.  He added that the contractor had requested the end of Bristol Blvd. be blocked for liability reasons and to protect his materials and equipment until construction was complete.

 

Motion by Jalanivich, seconded by Cody, to close the end of Bristol Blvd. north of Cumberland Rd. until construction of the Fort Bayou Boat Ramp Project was complete.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Public Works

 

At this time discussion was held regarding item q of the Consent Agenda.  Alderman Cody asked that he be allowed to talk to the residents of Colonial Dr. to explain the recommendations and requested that the Police Chief accompany him.  The Board agreed to hold item q over until the next meeting.

 

Alderman Jalanivich commended the Public Works Dept. for the excellent job they did in cleaning up the area surrounding the Seamen’s Memorial.

 

Alderman McDonnell asked about paving projects in the City.  The Public Works Director stated that he needed the amount of money available for paving and a list of paving projects from the Aldermen.  He reported on current repair projects that required paving and told the Board it was up to them on how the undesignated Road and Bridge Funds would be spent.  The City Clerk was asked to provide the Board with the amount of Road and Bridge funds received and spent thus far, and the projection for year-end.

 

Community Development & Planning

 

At this time the Board considered item t of the Consent Agenda.

 

Motion by McDonnell, seconded by Jalanivich, to approve item t of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time discussion was held regarding item u of the Consent Agenda.  The Public Works Director advised the Board that the Urban Youth Corps grant program was based on reimbursement and that funds for materials and labor for the project were being paid from the Street Dept. budget.  He requested that the Board authorize him to review the budget with the City Clerk and City Planner to recommend a budget amendment for payment of the bills that are being incurred and for repayment of the grant funds back to the Street Dept. budget.  The City Planner expected the project to be completed and closed out by September 2002.  He reported that Jenny Eaton had asked that her name be removed from consideration for employment under the Urban Youth Corps grant program.

 

Motion by McDonnell, seconded by Jalanivich, to approve item u of the Consent Agenda with the removal of Jenny Eaton’s name.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by McDonnell, seconded by Jalanivich, to authorize the Mayor to confer with the City Planner, City Clerk and Public Works Director and draft the necessary budget amendment to successfully complete the project.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time discussion was held regarding item x3 of the Consent Agenda.  Alderman Carvin expressed concern that a safety issued existed with the drainage ditch in front of Mimosa Cove Subdivision and asked that the final plat approval be tabled until catch basins could be installed or until the next meeting.  Developer Bruce Tolar argued that the issue was the contractor’s responsibility and had nothing to do with approval of the subdivision.  The City Planner reported that he had received a letter from the contractor stating the catch basins would be installed as soon as possible.

 

Motion by Carvin, seconded by Cody, to table the issue of Final Plat Approval of Mimosa Cove Subdivision until the next meeting.

 

VOTING AYE Aldermen Cody and Carvin

VOTING NAY Aldermen Jalanivich, Lloyd, McDonnell and Gill

ABSENT AND NOT VOTING Alderman Dalgo

 

The motion failed.

 

Motion by Jalanivich, seconded by Cody, to grant Final Plat Approval for Mimosa Cove Subdivision, but to delay signing the final plat until the contractor had secured the safety issue.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

($500,000 Cap Loan Letter – Mary C. O’Keefe Center)

 

Motion by Jalanivich, seconded by Cody, to authorize the Mayor to sign and submit the application for a $500,000.00 CAP Loan to the Mississippi Development Authority for the Mary C. O’Keefe Cultural Center for Arts and Education.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by McDonnell, seconded by Cody, to go into Closed Session to determine the necessity for an Executive Session.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by McDonnell, seconded by Carvin, to go into Executive Session to discuss potential litigation and a personnel matter, and to excuse the clerk.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss potential litigation and a personnel matter.

 

The Executive Session ended after approximately 25 minutes.

 

Motion by Jalanivich, seconded by McDonnell, to resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time Fire Chief Mark Hare introduced Chris Ryan with the National Park Service.  The Fire Chief reported that Mr. Ryan had assisted the City with obtaining a grant to outfit eight firefighters with wildfire equipment.

 

Motion by McDonnell, seconded by Cody, to authorize the Mayor to draft a letter of appreciation to Mr. Chris Ryan of the National Park Service and the he send a letter to Mr. Ryan’s boss.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

At this time discussion was held regarding the cul-de-sacs in Hidden Oaks and Canebrake Subdivisions.  The City Planner reported that cul-de-sacs do not work for school bus service because of a problem with the outer turn radius and that 96% of the cul-de-sacs do not have bus service now.  He added that a cul-de-sac could not be designed to accommodate the buses without resembling a racetrack.  He suggested school bus stop signs could be placed at the entrances to cul-de-sacs to make new residents aware.  Alderman Cody suggested that future subdivisions be developed with offset cul-de-sacs.

 

Developer Randall Wrigley asked that his agenda item, “Special Use Permit for Mixed-Use Residential Development”, be tabled until a work session could be held with the Board to discuss his plans.  A work session was tentatively scheduled for May 28, 2002, at 6:00 p.m.

 

City Attorney

 

The City Attorney suggested corrections should be made to House Bill 282 before the Board took action regarding Park Commission appointments.

 

Motion by Jalanivich, seconded by McDonnell, to table House Bill 282 for an indefinite period of time.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Motion by Jalanivich, seconded by Cody, to remove House Bill 282 from the agenda.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Old Business

 

(Maurepas Landing Drainage)

 

Dee Smelley spoke on behalf of Maurepas Landing property owners.  He told the Board that a significant drainage problem existed in the subdivision that affected 8 homes and that some of the homes nearly flooded during Tropical Storm Allison.  He added that the size of the original drainage swale continued to decrease as lots were developed.  Instead of re-cutting the swale as proposed by the Mayor and Public Works Director, the residents were requesting a drainage pipe be installed.  Mr. Smelley stated that the residents were willing to pay for the appropriate size pipe and gravel if Public Works would perform the labor to do the project.  The issue was held over until the next meeting so that the City Attorney could review any necessary legal issues.

 

Alderman Lloyd proposed an alternate solution to the I’berville Dr. traffic problems.  He recommended installing four traffic-calming devices, which would also require the street to be resurfaced.  He reported that the total cost of the project as proposed would be about $40,000.00.

 

Motion by Lloyd, seconded by Jalanivich, to resurface I’berville Dr. and install up to four traffic-calming devices as funds allow, and to use Road and Bridge funds to purchase the devices if the City Attorney advises it is legal to do so.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

“Engineering Tech” and “City Water Meters on Private Property” were held over until the next meeting.

 

Mayor Ainsworth reported that the issues regarding “Handicap Accessible Sidewalks” were still under review.

 

New Business

 

Alderman Jalanivich requested that his item “Freedom Field Lights/Daytime Park” be removed from the agenda.

 

Alderman Gill reported that the western entrance sign to the City was in poor condition and asked that it be replaced.

 

Motion by Gill, seconded by Jalanivich, to authorize the City Planner to work with the Chamber of Commerce and HOSA to develop a design and financial plan for new entrance signs to be placed at the Fort Bayou Bridge entrance and at the caboose for the next budget year.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

Alderman Gill asked that his item “New Commercial Businesses” be removed from the agenda.

 

At this time Mayor Ainsworth recognized Boy Scouts Chris Hicks and Ren Ainsworth who were present in the audience to earn their Communications Merit Badge.

 

Audience Request

 

No one addressed the Mayor and Board of Aldermen at this time.

 

Motion by Jalanivich, seconded by Gill, to adjourn.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Dalgo

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

            ________________                                                         ________________

                        Date                                                                              Date