City of Ocean Springs

    Minutes - November 1, 2016 - 6:00 p.m. Regular Meeting

    REGULAR MEETING OF NOVEMBER 1, 2016

     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 November 1, 2016.  The Mayor presiding, Aldermen Cox, Gill, McDonnell, Cody, and Impey were present. Also present was City Clerk Shelly Ferguson and City Attorney Kevin Melchi.  Alderman Dalgo and Denyer were absent.                    

    The Mayor called the meeting to order.

    Alderman Cody gave the invocation and the Mayor led the Pledge of Allegiance.

    PROCLAMATION

    The Mayor read a proclamation declaring Thursday, November 17, 2016 as the Great American Smokeout Day in the City of Ocean Springs.  Kelly Lamb was there to receive the proclamation and announced that on Tuesday, November 15, 2016, there will be a booth set up outside of Tri Hard Sports on Porter Avenue between 4:00 p.m. and 6:00 p.m. giving out free cessation materials for anyone who would like information on how to quit smoking.   

    Motion was made by Alderman Cox, seconded by Alderman Impey and unanimously carried to add the Addendum to the Agenda.

    OLD BUSINESS and ADDENDUM

    Motion by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to adopt the Resolution refunding of the $10,710,000.00 Mississippi Development Bank Special Obligation Bonds, Series 2009 (Ocean Springs, Mississippi Public Safety and Recreational Facilities Project); and related matters.  (Exhibit A-1a)

    Motion made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to authorize the Mayor to sign the Scope of Engagement letter with Butler/Snow as bond counsel and the Disclosure letter with Government Consultants, Inc. as municipal advisor.  (Exhibit A-1b) and (Exhibit A-1c)

    NEW BUSINESS

    Marion Alford, representative from MS Municipal Service Company, gave a review of the MS Municipal Service Company and the MS Municipal Liability Plan and the services they offer.

    Jim Williams, Lockard & Williams, gave a presentation on Teledoc, a telemedicine program for employees.  The Teledoc program offers access to a physician online or by telephone 24 hours a day 7 days a week.  The Teledoc program is designed to treat acute, minor, treatable illnesses, or a minor injury that may occur with a person.  This program is available for any employee who is benefit eligible and their families.  There is not a copay associated with this program.

    Alderman Dalgo arrived to the meeting at 6:18 p.m.

    Motion made by Alderman Cody, seconded by Alderman Gill and unanimously carried to adopt the Teledoc program beginning January 2017 thru September 30, 2017 then reevaluate the Teledoc program versus a clinic for next fiscal year.   This will be funded by the city’s split funding plan with Lockard & Williams. (Exhibit 4-b)

    PUBLIC COMMENTS

    John Howell, 403 McGinnis, is a highly decorated Vietnam veteran who wanted to commend the city on a fantastic Veteran’s Day Parade.  Mr. Howell also thanked the city for the help with the parade.    

    Alderman Impey stated the American Legion deserves the credit for implementing and organizing the parade.

    Mike Cuevas, Team B player on the HOSA team, thanked the Mayor, the Board of Alderman, and the employees for the city’s presentation and cooperation with the Trick or Treat Down the Street Event.  HOSA estimates 3,000 children participated in the event this year.  Ms. Cuevas also wanted to invite the Mayor and Board of Alderman to HOSA’s Annual Celebration and Fund Raiser at Gulf Hills Hotel.  This year HOSA will be celebrating Ocean Spring Classics.  For the first time they will be honoring (2) two hometown heroes, Donna Brown and Dr. Pat Joachim.  

    CONSENT AGENDA and ADDENDUM

    Motion made by Alderman Gill, seconded by Alderman Impey and unanimously carried to accept the Consent Agenda including items on the Addendum with the exception of items (6-i) and (6-k) which were pulled by the Mayor.

    The Mayor pulled item (6-i) for clarifications and details on renting the two small offices at the Ryan Youth Center to Young Life for a term of two (2) years.  The rent paid by Young Life will be in the form of services rendered, including but not limited to maintaining a schedule of events in the Ryan Youth Center and assisting the City in the presentation of the Ryan Youth Center, and other similar services.  The Deputy Clerk will be responsible for the rental of the facility and the Parks Director will be in charge of renting the Ryan Youth Center during the basketball season.

    Alderman Cox stated he would have Michael Dees give a presentation.    

    Motion was made by Alderman McDonnell, seconded by Alderman Cox and unanimously carried to accept the Resolution to rent the office space in the Ryan Youth Center to Young Life with further discussion on the function of the building. (Exhibit 6-i) 

    The Mayor pulled item (6-k) to clarify the reason for the change to the bank signatory authorization on the City’s Collection Account and Payroll Account at Hancock Bank with the City Clerk.  The City Clerk explained that the Mayor and City Clerk are primary signatures on the accounts.  The alternate signatures need to be updated at Hancock Bank in case the Mayor or City Clerk are unable to sign.   

    Motion was made by Alderman Impey, seconded by Alderman Cody to accept item (6-k).

    DEPARTMENT REPORT

    Human Resources:

    Motion was made by Alderman Gill, seconded by Alderman Cody and unanimously carried to authorize the Mayor to Execute the Title 6 Assessment Report.

    ALDERMAN’S FORUM

    The Mayor asked the Board for some direction on filling the vacant PIO Position.  The Mayor said she has (2) qualified candidates she would like the Board to interview.  Alderman Dalgo asked if the HR Committee has interviewed these candidates. The Mayor stated one candidate has been interviewed at this time.

    Alderman Cody asked the City Clerk if the projected ending balance is $150,000.00. The City Clerk confirmed and also stated the state has pulled one of the court wireless tech fees which will decrease the ending balance by $20,000.00.  She explained she has some expense lines that she would like to reduce to offset that amount.  Alderman Dalgo pointed out that the $150,000.00 ending balance includes the PIO position which was budgeted.  Alderman Dalgo asked the board where they stand on replacing this position.  He stated if the majority of the board is not interested in replacing the position there is no need to interview any additional candidates.

    Motion was made by Alderman Dalgo, seconded by Alderman Impey to hire a replacement for the vacant PIO position.  Motion failed.

                       Alderman Cox                  Voted Nay

                       Alderman Gill                   Voted Nay

                       Alderman McDonnell       Voted Nay

                       Alderman Cody                Voted Nay

                       Alderman Denyer            Absent

                       Alderman Dalgo               Voted Aye

                       Alderman Impey              Voted Aye   

    EXECUTIVE SESSION

    Motion was made by Alderman Cody, seconded by Alderman Cox and unanimously carried to go into closed session to determine the necessity of staying in executive session. 

    The City Clerk returned to the meeting and announced a motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to remain in executive session to discuss personnel in the Mayor’s Office; update on JCUA litigation; update on Gunn/Harris beach litigation; potential litigation regarding East Beach; Resolution of potential litigation regarding metal shade structures at Highway 57 Sports Complex.                              

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

    Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to adopt the Resolution as presented by the City Attorney to the City Clerk’s office; the motion is to pay Gibson Maintenance the sum of $7,564.00 that represents the retainage from shade structure contract and also the remaining balance of the budgeted amount and also change the termination of the contract with Gibson Maintenance to one of "convenience” rather than one of "cause.”

    Alderman McDonnell asked the Planning and Community Development Director what the status of the Walker’s Bed and Breakfast that is in operation on East Beach. The Planning Director stated he has agreed to stop operation as of October 31, 2016.  Alderman McDonnell asked the City Attorney if neighbors complain that the business is back in operation what our options are to shut him down.  The City Attorney explained that it would move to the Chancery Court for a preliminary injunction.

    Alderman McDonnell asked the City Clerk to report back to the Board on the kinds of mechanisms the city has legal right to be able to verify tax collections on the VRBO, Bed and Breakfast and all nontraditional hotel industry.  Alderman McDonnell has also requested a list of verified businesses permitted by the city that are paying state sales tax.

    Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to recess until 6:00 p.m. on November 15, 2016.     

    Meeting ended at 7:27 p.m.

    /s/ Shelly Ferguson                            /s/ Connie Moran

    City Clerk                                           Mayor

    11/16/2016                                         11/16/2016

    Date                                                  Date