RECESS MEETING OF APRIL 16, 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 April 16, 2002, at City Hall in the City of Ocean Springs.  Present were Aldermen Jalanivich, Lloyd, Cody, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.  Aldermen McDonnell and Carvin were temporarily absent.

 

Alderman Cody gave the Invocation.

 

Mayor Ainsworth led the Pledge of Allegiance.

 

Alderman Carvin was present at this time.

 

(Letter – CAP Loan Public Hearing)

 

Motion by Cody, seconded by Dalgo, to open the public hearing concerning the Capital Improvements Revolving Loan Fund Program for the Mary C. O’Keefe Cultural Center.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

 

No one from the audience was present for the public hearing.

 

Motion by Dalgo, seconded by Lloyd, to close the public hearing concerning the Capital Improvements Revolving Loan Fund Program for the Mary C. O’Keefe Cultural Center.

 

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

 

Alderman McDonnell was present at this time.

 

John Noble, on behalf of Ocean Springs Elks Lodge No. 2501, presented a check to Mayor Ainsworth in the amount of $1,104.85 for the Ocean Springs D.A.R.E. Program.  The Mayor and Board of Aldermen expressed their appreciation for the support that they’ve given to the D.A.R.E. Program and the community.

 

At this time Julia Weaver gave a presentation on “Livable Ocean Springs,” formerly called the Ocean Springs Community Indicators Project.  She reported that the program had received a $5,000.00 mini-grant to build a broad-based steering committee to develop a community report card on Ocean Springs and document the community’s successes.  She explained that the overall project would cost around $36,000.00, with some funding coming from the Dept. of Marine Resources, The Nature Conservancy, and a major business partner, and would include fund raisers from local business foundations and local governments.  She asked for the City’s continued support and input in the program.

 

Consent Agenda

 

        City Clerk:

a)      Approve Minutes of Regular Meeting of April 2, 2002

b)      Accept Action Report

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

(Claims Docket)

        Police Dept.:

d)      Approve training/schools/travel for Police Dept. employees as requested by the Police Chief in his memo dated April 11, 2002, prepay necessary registration fees and pay all other reasonable and actual expenses:

(Police Travel Memo)

e)      Schedule annual bicycle auction for June 1, 2002, in Police Dept. Courtroom and authorize City Clerk to advertise the public auction as required

        Fire Dept.:

f)        Accept Fire Report for March 2002

        City Engineer:

g)      Approve Engineering Service Contract with Moran, Seymour & Associates, Inc. regarding Drinking Water System Improvements Revolving Loan Fund DWI-H280035-02:

(DWS Contract)

h)      Adopt “Resolution Naming Authorized Representative and Authorizing the Loan Application” with regard to Drinking Water System Improvements Revolving Loan Fund DWI-H280035-02, and authorize Mayor Ainsworth to execute any and all documents required by Mississippi Dept. of Environmental Quality:

(DWS Resolution)

        Public Works:

i)        Allow Public Works to continue with sewer system upgrades as outlined in memo dated April 11, 2002:

(Sewer System Upgrade Memo)

j)        Allow Public Works to provide necessary support for St. John’s Episcopal Church Renaissance Fair to be held June 1-2, 2002:

(Letter)

k)      Approve final invoice from Compton Engineering, P.A. ($11,672.79) for Design Phase Services regarding Water/Sewer Relocation along Highway 90 and pay invoice upon receipt of all reimbursement funds from the State:

(Compton Invoice)

l)        Return Water Dept. Supervisor John Russell to full-time status and approve increase to Band 7/Step 5, effective April 26, 2002:

(Russell Full-time Letter)

        Community Development & Planning:

m)    Accept Building Report for March 2002

n)      Allow Building Official to attend Association of Flood Plain Managers of Mississippi Spring Conference in Jackson on May 22-24, 2002, prepay $65.00 registration fee and pay all other reasonable and actual expenses

o)      Accept $13,300.00 Maintenance Bond for Hidden Oaks Subdivision and refund $13,300.00 cash bond posted by Troy Vincent:

(Bond Letter)

        City Attorney:

p)      Pay City Attorney’s bill for March 2002 ($2,700.00)

        Risk Manager/HR Director:

q)      Adopt changes to Leave Policy, effective April 16, 2002:

(Leave Policy Changes)

        Miscellaneous:

r)       Approve donation of 1986 Dodge Pickup Truck from Ocean Springs School District to Ocean Springs Park Commission and add it to the inventory list and insurance:

(Truck Letter)

 

Items c, g, h and l were removed from the Consent Agenda for further consideration.

 

Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda, excluding items c, g, h and l.

 

VOTING AYE ALL

VOTING NAY NONE

 

Department Reports

 

City Clerk

 

At this time item c of the Consent Agenda came up for consideration.

 

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

 

VOTING AYE Aldermen Jalanivich, Lloyd and McDonnell

VOTING NAY Aldermen Cody, Carvin and Dalgo

VOTING ABSTAINED Alderman Gill

 

There being a tie vote, Mayor Ainsworth voted AYE and the motion carried.

 

At this time item l of the Consent Agenda was considered.  The Public Works Director was asked to change the wording in his memo from “permanent” to “full-time” to comply with Civil Service regulations.

 

Motion by Dalgo, seconded by Carvin, to accept the Public Works Director’s revised recommendation to return Water Dept. Supervisor John Russell to full-time status and approve a pay increase to Band 7/Step 5, effective April 26, 2002.

 

VOTING AYE ALL

VOTING NAY NONE

 

Police Dept.

 

Alderman Carvin asked if the Neighborhood Watch program was still active in Ocean Springs.  Chief Belk advised him that the program was still in use in and that Mark Spicer was the officer to contact if someone were interested in starting the program in his or her neighborhood.

 

Alderman Gill suggested placing a 4-way stop and pedestrian walk near the new park on Riley Rd.  The Police Chief and City Planner were to review the possibility and report back to the board

 

Fire Dept.

 

(Fire Dept. Amended Budget)

 

Motion by Cody, seconded by Dalgo, to adopt the amended budget for Fire Dept. as presented.

 

VOTING AYE ALL

VOTING NAY NONE

 

City Engineer

 

David Machado of Moran, Seymour and Associates advised the Board that other funding sources had been found for some of the projects to be funded with Surface Transportation Program monies and asked that the funds be moved to the Government St. Improvements Project Phase II.  Mayor Ainsworth explained that the Hanshaw Rd. crossing gates were completed by MDOT and that the Halstead Rd. and Holcomb Blvd. bridges are part of Jackson County’s bridge replacement program.

 

(Surface Transportation Program Funding Letter)

 

Motion by Gill, seconded by Dalgo, to approve moving the Surface Transportation Program funding from the Hanshaw Rd. crossing gate project and the Halstead Rd. and Holcomb Blvd. bridge replacement projects to the Government St. Improvements Project Phase II.

 

VOTING AYE ALL

VOTING NAY NONE

 

The Board took up for consideration items g and h of the Consent Agenda.  David Machado explained that the engineering contract and resolution were for the Drinking Water SRF Loan that they are coordinating with DEQ, which is a low interest loan.  Although the loan had been basically been approved, the documents are necessary in order to proceed with the loan.  He stated that the monies were for the new water tank and the tie-in line for the new water tank. 

 

Motion by Lloyd, seconded by Cody, to approve items g and h of the Consent Agenda.

 

VOTING AYE ALL

VOTING NAY NONE

 

Public Works

 

The Public Works Director reported that he, the Mayor and Purchasing Agent met to revise the specs for the grass-cutting contract and that they would be ready by next week for the Board’s perusal.

 

The Public Works Director also reported that several people had contacted him with concerns regarding the bridge on Davidson Rd. near Halstead.  He stated that he and the County Road Manager had reviewed the bridge and determined it was not a safety hazard.  Although a crack had developed, he told the Board he would do some in-house things the first of next week to try and shore it up.  He stated he would provide the Board with a written report later in the week with specifics on Jackson County’s bridge program.

 

He told the Board that paving of the surface repairs on Bechtel Blvd. would begin tomorrow.

 

(Elks Letter)

 

Aldermen Jalanivich and McDonnell recused themselves at this time.

 

Motion by Dalgo, seconded by Carvin, that the Police Reserves provide security for the 7th Annual Elks Fishing Rodeo in lieu of the $1,500.00 funding requested.

 

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Aldermen Jalanivich and McDonnell

 

Aldermen Jalanivich and McDonnell returned to the meeting at this time.

 

Community Development & Planning

 

(Hartl Lot Split – 229 Eastland Blvd.)

 

Motion by Jalanivich, seconded by Dalgo, to accept the City Planner’s recommendation to allow Mr. and Mrs. Hartl to make application to the Planning Commission for a lot split at 229 Eastland Blvd.

 

VOTING AYE ALL

VOTING NAY NONE

 

City Attorney

 

ORDINANCE NO. 4 - 2002

 

AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING

ORDINANCE OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI, BEING

ORDINANCE NO. 13-1976, AS AMENDED, BY PROVIDING FOR

CHANGES TO THE PROVISIONS AND REGULATIONS OF SIGNS AND

OUTDOOR ADVERTISING

 

Motion by Cody, seconded by Lloyd, to adopt the above and foregoing Ordinance.

 

VOTING AYE ALL

VOTING NAY NONE

 

(Construction Agreement – Trentwood Subdivision Drainage Ditch)

 

Motion by McDonnell, seconded by Dalgo, to approve the construction agreement for the Trentwood Subdivision drainage ditch and the addendum thereto, spread the documents upon the minutes, and record the agreement in the land deed records of Jackson County.

 

VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill

VOTING NAY NONE

VOTING ABSTAINED Aldermen Jalanivich

 

Risk Manager/HR Director

 

(Letter – Internship Student)

 

Motion by Jalanivich, seconded by Cody, to grant Eve Self an internship with the Human Resources Dept. for up to 600 clock hours at no cost to the City.

 

VOTING AYE ALL

VOTING NAY NONE

 

Old Business

 

Buford Myrick’s request for a setback variance at 2211 Government St. was removed from the agenda, as the issue had been resolved.

 

 The item regarding storm drainage for the Mavar building at 1304 Government St. was held over until the next meeting.  Mayor Ainsworth was to schedule a meeting with the City Engineer and the parties involved.

 

Aldermen Lloyd reported that he had reviewed the traffic reconfiguration plan with I’berville Dr. residents and neighbors, and with the Police Chief, who had no problems with the plan, and offered the following motion.

 

Motion by Lloyd, seconded by Dalgo, to implement the traffic reconfiguration plan for I’berville Dr. as presented by the City Planner by placing a barrier on the westbound lane of I’berville to prohibiting turning onto Washington Ave. and to authorize the City Attorney to draft the necessary ordinance.

 

At this time discussion was held regarding the motion.  Alderman Jalanivich asked the Board to wait until the Highway 90 construction was complete before taking any action.

 

Don Smith, a resident of Ward 5, didn’t think the Board should cater to a small group of residents and felt that the public should be allowed to drive down a public street.  He felt the traffic reconfiguration was a disservice to the public.  Alderman Dalgo gave an analogy of the increased traffic on Kensington and Pine Dr. since the Shearwater Bridge has been closed.  He explained that the intent was not to cater to a select group of people; they were trying to address a problem after having done a lot of homework on the issue, having polled citizens that live on the street and having listened to everyone affected, and that they were trying to make a good effort to deal with the problem.

 

Hal Baugh, on behalf of the church located next to Burger King, stated that the church was not in overwhelming support of the proposal.  They were concerned the church parking lot would be used as an exit and added that Turner Ave. was smaller and would be more dangerous for access onto Washington.  He stated that someone had already dismantled the church gate to get through and was concerned the public may use the church’s driveway for the physically challenged to obtain access onto Washington.

 

Alderman Gill thought the traffic reconfiguration was a reaction to a temporary situation and also asked that the Board wait until the Highway 90 construction was complete.

 

Alderman Lloyd explained that the purpose of the traffic reconfiguration was not to cater to a small group of residents, but to solve a traffic problem.

 

Motion by Cody, seconded by Carvin, to table the issue.

 

VOTING AYE Aldermen Jalanivich, Cody, Carvin and Gill

VOTING NAY Aldermen Lloyd, McDonnell and Dalgo

 

The motion carried.

 

Mayor Ainsworth instructed that the issued be placed on the next agenda.

 

Appointment of a Hazard Mitigation Committee, Engineering Tech, and City Water Meters on Private Property was held over until the next meeting.

 

Highway 90 Street Lighting was removed from the agenda.

 

Mayor Ainsworth reported that the request for proposals for the grass-cutting contract would be ready by Friday.

 

Motion by Cody, seconded by McDonnell, to authorize the City Clerk to advertise for proposals for the grass-cutting contract.

 

VOTING AYE ALL

VOTING NAY NONE

 

(Amended City Vehicle Policy)

 

Motion by McDonnell, seconded by Lloyd, to approve the amended Vehicle Policy as presented by the Mayor.

 

VOTING AYE ALL

VOTING NAY NONE

 

The City Attorney reported that the drainage system debris problem at Holcomb and Government had been resolved and the item was removed from the agenda.  Aldermen Cody felt that an ordinance was necessary to prohibit dumping into drainage easements.  The City Attorney advised him that there were two ordinances that already addressed the issue, however, Alderman Cody felt that a specific ordinance was needed.  The City Attorney said that he would draft something and submit it to the Board.

 

(SREPA Letter – Street Light on Lemans Cove)

 

Motion by Carvin, seconded by Jalanivich, to accept the recommendation of Singing River EPA with regard to improved street lighting on Lemans Cove.

 

VOTING AYE ALL

VOTING NAY NONE

 

New Business

 

At this time Gay Young addressed the Board concerning handicap accessible sidewalks.  It was his opinion that the sidewalk design on Government St. was faulty and did not meet City building codes or ADA regulations.  His concerns included areas on Bechtel Blvd., Maurepas Landing Subdivision and downtown, and asked if the City would make the corrections to prevent the possibility of losing federal funds.

 

Motion by Cody, seconded by Jalanivich, to forward Gay Young’s concerns to the City Engineer for review with the Public Works Director, Police Chief and Risk Manager, and to request him to report back with any and all recommendations as to how the problems can be corrected, if in fact they are problems, and to use Public Works to correct any problems if possible.

 

VOTING AYE ALL

VOTING NAY NONE

 

Alderman Dalgo asked the City Attorney to review Gay Young’s information and give a report as to the validity of the claim at the next meeting.

 

Audience Request

 

Gay Young reported vehicles parking in front of the fire hydrant by the Villa Maria and in the crosswalks at the Villa and Lovelace Drugs.  He also complained of a coffee truck parking overnight on Porter.  The Police Chief was asked to check into the matter.

 

Motion by Gill, seconded by Cody, to allow the Mayor, any Board member and any department head to attend the MML Conference in Biloxi on June 24-27, 2002, and to prepay the registration fees and pay all other reasonable and actual expenses.

 

VOTING AYE ALL

VOTING NAY NONE

 

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

 

VOTING AYE ALL

VOTING NAY NONE

 

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

 

The Executive Session ended after approximately 40 minutes.

 

Motion by Gill, seconded by Cody, to resume the Regular Session.

 

VOTING AYE ALL

VOTING NAY NONE

 

Motion by Gill, seconded by Carvin, to adjourn.

 

VOTING AYE ALL

VOTING NAY NONE

 

 

 

 

 

______________________________                        _____________________________

                     City Clerk                                                                      Mayor

 

 

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                        Date                                                                              Date