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 July 16, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Gill was absent.
Alderman Cody gave the Invocation.
Mayor Ainsworth led the Pledge of Allegiance.
(Proof of Publication - $950,000 Note Sale)
(Bids
- $950,000 GO Notes for Sunplex Utilities Purchase, etc.)
(Resolution
to Direct Sale and Award of $950,000 Notes Dated July 1, 2002)
(Resolution
Authorizing and Directing Issuance of $950,000 Notes)
At this time Mayor Ainsworth opened the public hearing with regard to the Motor Vehicle Assessment Schedule for FY 2002-2003. The City Clerk reported that she had received no written correspondence concerning the proposed schedule. No one from the audience offered any comments. Mayor Ainsworth then declared the public hearing closed and the following resolution was presented for consideration.
(Resolution – Adopting Motor Vehicle Assessment Schedule for Year 2002-2003)
Motion by Cody, seconded by Jalanivich, to adopt the above and foregoing Resolution.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
City Clerk:
a) Pay Docket of Claims and spread docket summary upon the Minutes:
(Docket Summary)
b) Authorize City Clerk to attend 2002 Master Municipal Clerk’s Academy in Louisville, MS, on September 22-25, 2002, prepay the $170.00 registration fee and pay all other reasonable and actual expenses
c) Approve release of FYE 2002 3rd quarter funding ($4,375.00) for Ocean Springs Chamber of Commerce:
(Chamber Funding Request)
d) Rescind motion from July 2, 2002, meeting instructing use of pepper spray on animals and place the matter on the Action Report until further information can be obtained:
(Clerk’s Memo re: Pepper Spray)
Police Dept.:
e) Accept Police Report for May 2002
f) Accept Police Reserve Report for April 2002 and pay $180.00 stipend
g) Accept Police Reserve Report for May 2002 and pay $240.00 stipend
h) Allow Police Chief to attend “Combat Underage Drinking” seminar in Gautier on July 30, 2002, and prepay $30.00 registration fee
i) Accept quote from Bienville Animal Medical Center for after-hours, weekends and holiday emergency veterinary services and authorize an annual purchase order to be issued:
(Veterinary Services Quote)
Fire Dept.:
j) Accept Fire Report for June 2002
k) Accept resignation of Firefighter Richard Bennett, effective July 11, 2002 and allow Fire Chief to begin process to fill the vacancy:
(Bennett Resignation)
l) Hire Orval Ray West as Firefighter at Band 4/Step 2 ($8.88 hr.), pending successful completion of all pre-employment requirements, and place him on one year probation:
(West Hire Letter)
m) Authorize Fire Chief to make changes in Board authorized travel and training courses for personnel when necessary due to conflicting schedules and/or other reasons:
(Travel Memo)
n) Allow Fire Lt. Randall Rogers and Police Capt. Lionel Cothern to attend “Exercise Design and Evaluation” course sponsored by MEMA in Jackson on July 24-26, 2002, and pay all reasonable and actual expenses to be reimbursed by MEMA
City Engineer:
o) Approve Pay Request No. 1 from Vice Construction Co., Inc. ($71,094.40) regarding Fort Bayou Boat Ramp Improvements:
(Vice Construction Invoice)
p) Authorize City Clerk to advertise for bids for the Holcomb Blvd. and U.S. Highway 90 Improvements, STP-9069-00(002):
(Holcomb/90 Letter)
Public Works:
q) Pay invoice from Graham Construction Co., Inc. ($15,032.25) for sewer repairs on Holcomb Blvd.:
(Graham Invoice)
Community Development & Planning:
r) Accept Building Report for June 2002
s) Accept Singing River Power Company’s recommendation to install 10 additional street lights in Magnolia Bayou Subdivision at an approximate monthly cost of $105.00:
(Magnolia Bayou S/D Lighting Letter)
t) Begin lot cleaning process on 301 Hunter Dr. and schedule hearing for August 6, 2002:
(Lot Cleaning Recommendation)
u) Approve Memorandum of Agreement for $15,000.00 2002 Urban and Community Forestry Assistance Grant (requires $15,000.00 local match FYE 2003) and authorize Mayor to sign agreement on behalf of City:
(MOA re: Forestry Grant)
v) Approve Memorandum of Agreement for $5,000.00 CLG grant for repair of doors at Mary C. O’Keefe Cultural Center for Arts and Education ($15,000.00 local match – no new funds necessary) and authorize Mayor to sign agreement on behalf of City:
(MOA re: O’Keefe Doors)
w) Approve Historic Preservation Commission recommendations with regard to the following COA’s:
1. Jefferson Rogers – 516 Jackson Ave.:
(Rogers COA)
2. St. John’s Episcopal Church – 708 Mosley Ave.
(Church COA)
City Attorney:
x) Pay City Attorney’s bill for June 2002 - $3,540.00
y) Reimburse City Attorney $94.00 of registration fee for 2002 Mississippi Municipal Association Seminar:
(Refund Letter)
Item d was removed from the Consent Agenda for further consideration.
Motion by Cody, seconded by McDonnell, to approve the Consent Agenda, excluding item d.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
City Clerk
At
this time discussion was held regarding item d of the Consent Agenda. Alderman McDonnell asked why it was
necessary to rescind the motion approving the use of pepper spray on
animals. The City Clerk replied that
the Jackson County Animal Shelter and Gulfport Humane Society had a problem
with the use of pepper spray and there was concern about the possibility of
harmful effects on a child if it came into contact with a sprayed animal. Mrs. Howell felt it would not be in the best
interest of the City to proceed with using the pepper spray at this time. She added that the two organizations were
looking into the possibility of some other type of spray and recommended the
item be added to the Action Report. The
Board asked that local veterinarians be contacted for suggestions.
Motion
by McDonnell, seconded by Alderman Dalgo, to approve item d of the Consent
Agenda.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
Police Dept.
Motion by Cody, seconded by Carvin, to allow Det. Capt. Louis Miller to attend the Mississippi Chapter of FBINAA Conference in Philadelphia, MS, on August 2, 2002, prepay the $135.00 registration fee and $53.00 membership dues, and pay all other reasonable and actual expenses.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
City Engineer
Motion
by McDonnell, seconded by Cody, to task the Planning Commission to write a
letter to the Gulf Regional Wastewater Authority requesting their written
opinion on what the impact would be to their wastewater system and how it would
interact with our sewer system if the pet food plant actually came on line.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
Public Works
The
Public Works Director reported that there was a tree in the city right-of-way
on Earl Sanders’ property at 701 Halstead Rd. that needed to be taken
down. He asked for permission to remove
the tree upon review and approval from the Risk Manager.
Motion
by Jalanivich, seconded by Cody, to authorize the Public Works Director to
remove the tree from the city right-of-way at 701 Halstead Rd., contingent upon
review and approval from the Risk Manager.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
(Letter
- City Water Meters on Private Property)
Motion by Lloyd, seconded by Cody, to accept the Public Works Director’s recommendation with regard to City water meters located on private property as concurred with by the City Attorney.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Community Development & Planning
(Subdivision
Regulations Recommendation)
Motion
by Dalgo, seconded by Cody, to approve the proposed revisions to the
Subdivision Regulations and authorize the City Attorney to draft an amendment
to the ordinance to incorporate the revisions.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
The
Board thanked the City Planner and the Planning Commission for the hard work
they had put into developing the subdivision regulations.
The
City Planner presented the following request to modify the impact fee program
contract with Bruce Peshoff of Planning Works.
(Impact
Fee Contract Modification)
Alderman
Jalanivich expressed concern that the contract modification was not justified
and wanted the issue tabled until the next meeting.
Motion
by Jalanivich, seconded by Cody, to table the proposed Impact Fee Contract
modification until the next meeting to allow the City Attorney time to review
the original contract.
At
this time discussion was held regarding the motion. The City Planner advised
the Board the additional services to be perform by the consultant would need to
take place prior to the next Board meeting.
He recommended that Mr. Peshoff be present at the impact fee public
hearing August 5, 2002, to discuss and answer any questions concerning the
program.
Alderman
Jalanivich thought the additional services and his attendance at the public
hearing were already included in the original contract and asked that the City
Attorney review it. Mr. Scruggs replied
that he had reviewed the contract and the additional services were not
included. Alderman Dalgo reminded the
Board that the public hearing to be held on August 5, 2002, was an additional
hearing that was scheduled at the homebuilders’ request.
After
hearing all discussion on the motion, Mayor Ainsworth called for the vote, said
vote being as follows:
VOTING
AYE Aldermen Jalanivich and Cody
VOTING
NAY Aldermen Lloyd, McDonnell, Carvin and Dalgo
ABSENT
AND NOT VOTING Alderman Gill
THE MOTION FAILED.
Motion
by Jalanivich, seconded by Cody, to deny the $16,500.00 for modification to the
Impact Fee Program contract with Planning Works.
Alderman
McDonnell called for discussion on the motion and asked the City Attorney if
impact fees were legal in Mississippi.
The City Attorney replied that they were legal if a reasonable nexus
exists between the impact fee charged and the service that is provided. He reminded the Board that the City of Ocean
Springs has had impact fees for the past 20-30 years in the form of a
recreation impact fee. He explained
that the fees were placed in an interest bearing trust account and used only
for recreational purposes as determined by a national publication, which states
what radius of an area certain types of facilities will service. He added that, by decision of the Board, the
funds could only be spent upon the City Attorney’s review and approval. After hearing all discussion on the motion,
Mayor Ainsworth called for the question and the vote was as follows.
VOTING
AYE Alderman Jalanivich
VOTING
NAY Aldermen Lloyd, McDonnell, Cody, Carvin and Dalgo
ABSENT
AND NOT VOTING Alderman Gill
THE MOTION FAILED.
Mr.
Scruggs stated that Mr. Peshoff was the best person to answer questions at the
public hearing because he had put the numbers for the impact fee program
together, and asked the Board to approve his attendance at the hearing.
Motion
by Dalgo, seconded by Lloyd, to authorize the City to pay reasonable expenses
for Bruce Peshoff to attend the public hearing regarding the Impact Fee Program
on August 5, 2002, contingent upon it not having already been paid for as part
of the original contract.
VOTING
AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING
NAY Alderman Jalanivich
ABSENT
AND NOT VOTING Alderman Gill
City Attorney
At
this time the City Attorney addressed the Board regarding a Petition for
Investigation and Hearing/Demand for Compliance concerning 612 Cleveland Ave.
which was submitted by James Halliday, attorney for Dr. John Godsey. He reported that he had spoken with Dr. John
Godsey, his wife, one of their neighbors and their attorney and advised them
that the Board would not be in a position to take definitive action
tonight. Mr. Jordan recommended two
actions for the Board to take and subsequently motions were made.
(Petition
– 612 Cleveland Ave.)
Motion
by Dalgo, seconded by Carvin, to accept the petition and make it a part of the
minutes.
VOTING
AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING
NAY Alderman Jalanivich
ABSENT
AND NOT VOTING Alderman Gill
Motion
by McDonnell, seconded by Lloyd, to direct the City Attorney and City Planner
to further investigate the allegations of the petition, to reduce their
recommendations to the Board in writing within the next week, and to forward a
copy to the property owner and the attorney representing the property owners in
the area for the Board to make a final decision and take final action at the
first meeting in August 2002.
VOTING
AYE Aldermen Lloyd, McDonnell, Cody, Carvin and Dalgo
VOTING
NAY Alderman Jalanivich
ABSENT
AND NOT VOTING Alderman Gill
Mayor
Ainsworth asked that the Board make a financial commitment to the Partners in
Progress program and recommended the City contribute $25,000.00 per year for
five years, as he felt the monies would be an investment in the community.
Motion
by Jalanivich, seconded by Cody, to commit $25,000.00 per year for five years
to the Partners in Progress program.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
Alderman
McDonnell asked the Board to consider adopting a resolution asking the Ocean
Springs School Board to roll back their millage due to increased revenues that
will generated by the Jackson County reappraisal. Alderman Dalgo stated he was committed in joining Alderman
McDonnell in rolling back the city millage to adjust the levy to what the city
needs to pay for services. However, he
explained that the school board does not set it’s own millage; the City sets
their millage based on the dollar amount requested in the school district’s
budget.
Motion
by McDonnell, seconded by Dalgo, to adopt a resolution asking the Ocean Springs
School District to roll back its budget to help offset the financial burden to
taxpayers due to the Jackson County reassessment.
VOTING
AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody and Carvin
VOTING
NAY Alderman Dalgo
ABSENT
AND NOT VOTING Alderman Gill
New Business
(Chamber
of Commerce Additional Funding Request)
No
action was taken on the Chamber of Commerce’s request for increased funding in
the FYE 2002 budget.
Mayor
Ainsworth presented the following resolution regarding application for FY 2003
CDBG funds. He stated the City was
looking at water and sewer improvements in the State St./Cash Alley/Government
St. area and another area the funds would qualify for as well.
(Resolution
Authorizing Preparation and Submittal of Application for Funds from MS
Development Authority – FY 2003 CDBG Program)
Motion
by Cody, seconded by Carvin, to adopt the above and foregoing Resolution.
VOTING
AYE ALL
VOTING
NAY NONE
ABSENT
AND NOT VOTING Alderman Gill
No one addressed the Mayor and Board of Aldermen at this time.
Alderman Carvin asked that the American Flag outside City Hall be replaced with a new one and that a light be installed on the flagpole.
Motion by Carvin, seconded by McDonnell, to request a lighting survey on the new Halstead Rd. bridge, as the area is dark.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Alderman Dalgo asked if the Impact Fee Program included a policy for a waiver or reduction of impact fees for commercial businesses. He felt this was necessary to prevent the impact fees from having a negative impact on commercial growth. The City Planner stated that the consultant’s opinion on the issue was that to assess impact fees on commercial homebuilders and not commercial retail would be inappropriate. Alderman Dalgo asked if the Board could adopt a policy that establishes a means by which commercial retail and commercial could petition for a waiver or reduction of the impact fees. Alderman McDonnell agreed and stated it would have a strong effect on his decision regarding the impact fee program. He asked if the impact fees could be held in abeyance or if a moratorium could be placed on them until the City could come up with the criteria that would allow a reduction or waiver for commercial business providing a certain amount of sales tax, property tax, and jobs in the community. The City Planner stated he would confer with the consultant on the matter and added that there was a 50% reduction of the fees in the first year.
Motion by Cody, seconded by Jalanivich, to go into Closed Session to determine the necessity for an Executive Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss personnel matters and potential litigation.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss personnel matters and potential litigation.
The Executive Session ended after approximately one hour.
Motion by McDonnell, seconded by Lloyd, to resume the Regular Session.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
Motion by Cody, seconded by McDonnell, to authorize the position of payroll clerk.
VOTING AYE Aldermen Lloyd, McDonnell, Cody and Dalgo
VOTING NAY Aldermen Jalanivich and Carvin
ABSENT AND NOT VOTING Alderman Gill
Motion by Cody, seconded by Dalgo, to adjourn.
VOTING AYE ALL
VOTING NAY NONE
ABSENT AND NOT VOTING Alderman Gill
______________________________ _____________________________
City Clerk Mayor
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Date Date