| Minutes – August 3, 2010 – 6:00 p.m. Regular Meeting

Aldermen Minutes

MINUTES
MAYOR AND BOARD OF ALDERMEN
CITY OF OCEAN SPRINGS

REGULAR MEETING OF AUGUST 3, 2010

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 August 3, 2010. Mayor Moran presiding, Aldermen Ross, Gill, McDonnell, Cody, Denyer, Dalgo and Hagan were present. Also present was City Clerk Shelly Ferguson and City Attorney John Edwards.

Karen Wagner led the invocation and the Mayor led the Pledge of Allegiance.

Mayor Moran requested an amendment to the agenda. Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to add the Addendum to the Agenda.

PRESENTATION – Addendum

The Mayor read a proclamation declaring August 3, 2010 as Karen Wagner Day in the City of Ocean Springs, Mississippi (Exhibit A-1a).

Ms. Suzie Harvey, Director of Camp Victor Ministries, thanked all of the city departments for their help to the ministries. She presented a brief letter of their statistics further stating the contributions made to the City of Ocean Springs by Camp Victor volunteers in the last 5 years. Due to funding, it was reported Camp Victor Ministries is scheduled to close on August 27, 2010, which marks five (5) years of Katrina recovery. They requested financial support from the City to complete 15 homes in Jackson County through a close out construction program. Mr. Chris Beninati further stated they would like to continue serving the City and have four (4) projects underway.

Motion was made by Alderman Ross, seconded by Alderman Cody and unanimously carried to authorize up to $1,000.00 from Miscellaneous Promotions; up to $2,000.00 from Ward 4 Capital Improvement Account; $up to $500.00 from each Alderman at Large, Wards 1, 2, 3, and 5 to advertise city resources at the Camp Victor Ministries acknowledging the contribution toward the Camp Victor construction efforts.

PUBLIC HEARINGS

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to open the Public Hearing for lot cleaning at 809 Martin Luther King Avenue (Exhibit 4-a).

The Building Official stated all proper notifications were followed. The property owner was not present. The Building Official found the property to be in such a state of uncleanliness so as to be a menace to the public health and safety of the citizens of Ocean Springs for the following reasons: 1) partially completed home and can no longer be rebuilt since the framing members have been exposed to the elements for too long; 2) shed at back of property must be removed and 3) junk car at the back of the property (Exhibit 4-a).

Motion was made by Alderman Ross, seconded by Alderman Denyer and unanimously carried to close the Public Hearing for lot cleaning at 809 Martin Luther King Avenue (Exhibit 4-a).

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to authorize to proceed with the lot cleaning of 809 Martin Luther King Avenue as recommended by the Planning Director (Exhibit 4-a).

Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to open the Public Hearing for lot cleaning at 402 Hanley Road (Exhibit 4-b).

The Building Official stated all proper notifications were followed. The property owner was not present. The Building Official found the property to be in such a state of uncleanliness so as to be a menace to the public health and safety of the citizens of Ocean Springs due to the overgrown condition of the lot and should be maintained at regular intervals (Exhibit 4-b).

Motion was made by Alderman Denyer, seconded by Alderman Gill and unanimously carried to close the Public Hearing for lot cleaning at 402 Hanley Road (Exhibit 4-b).

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to authorize to proceed with the lot cleaning of 402 Hanley Road as recommended by the Planning Director (Exhibit 4-a).

Motion was made by Alderman Cody, seconded by Alderman Gill and unanimously carried to open the Public Hearing for lot cleaning at 916 State Street (Exhibit 4-c).

The Building Official stated all proper notifications were followed. Mr. Steven Jordan spoke on behalf of the property owner and further stating he was hired by the property owner to clean the property within the next seven (7) days. The Building Official found the property to be in such a state of uncleanliness so as to be a menace to the public health and safety of the citizens of Ocean Springs due to the 3 derelict vehicles and the overgrown condition of the lot and should be maintained at regular intervals (Exhibit 4-c).

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to close the Public Hearing for lot cleaning at 916 State Street (Exhibit 4-c).

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to table the lot cleaning at 916 State Street for two (2) weeks (Exhibit 4-c).

PRESENTATION

Ms. Jennifer Ladner was presented with a $1,000.00 Community Service Scholarship for 2010. Ms. Ladner was a member of the Mayor’s Youth Council and participated in many community service events throughout the year.

NEW BUSINESS

Mrs. Julia Weaver spoke on behalf of Dr. Mauldin, Chairman of the Board of the Boys & Girls Club of Jackson County and also introduced the new Unit Director, Ms. Medrick Tate. Mrs. Tate introduced two (2) of the club members, Chadrick and Jonathan Tate. Mrs. Weaver further requested funding for the Outdoor Classroom for the Boys & Girls Club of Jackson County. Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to authorize up to $1,500.00 from the Mayor’s special projects account and up to $500.00 from Ward 4 Capital Improvement Account and authorize up to $1,500.00 from Ward 3 Capital Improvement Account and $500.00 from Ward 1 Capital Improvement Account in the FY10-11 Budget for the Outdoor Classroom for the Boys & Girls Club (Exhibit 5-a).

Mr. Scott Ratcliff gave a recap of the USTA Tennis Championship and stated the event was a great success (Exhibit 5-b).

Ms. Terri Jurich was not present to speak concerning a sinkhole problem on Oaklawn Drive (Exhibit 5-c). The Public Works Director advised Ms. Jurich has a relatively small depressed area and the pipe was videoed. He recommended doing a point repair for $3,000 – $4,000. Motion was made by Alderman McDonnell, seconded by Alderman Cody to authorize point repair on Oaklawn Drive pending the Drainage and Infrastructure Committee review and determining the funding source.

NEW BUSINESS – Addendum

Motion was made by Alderman Gill, seconded by Alderman Ross and unanimously carried to approve new prices for the rental facilities (Exhibit A-2a).

Motion was made by Alderman Ross, seconded by Alderman Hagan and unanimously carried to authorize up to $500.00 from miscellaneous promotions; $100.00 from Mayor’s Capital Improvement Account; $200.00 from Alderman at Large Capital Improvement Account; $200.00 Ward 1 Capital Improvement Account; $100.00 from Ward 2 Capital Improvement Account and $500.00 from Ward 4 Capital Improvement Account to advertise the resources of the city through the Ocean Springs Little League at the All-star tournament in Waco, TX (Exhibit A-2b).

PUBLIC COMMENTS

Ms. Maralou Guice Richards, 242 Lovers Lane, asked for help concerning her property at #7 Gulfview Drive and requested approval to move the house to AE zone on her property. She will meet with the Planning Director to determine if the house can be moved.

Mr. Kevin Ladd, 217 Mitchell Street, stated the City is asking for more Easement to repair the sinkholes on his property and he would be requesting damages. The Mayor advised $400,000.00 has been allocated to this project and stating as soon as he signs the Easement, the repair work could begin. The Public Works Director stated they originally thought they could fix it within the 15 foot Easement which Mr. Ladd signed but since then after it was videoed they found the problem was much greater than anticipated and needed more space to do the repairs on double run pipes.

Motion was made by Alderman Hagan, seconded by Alderman McDonnell to move the materials purchased for Mitchell Street to the Gay Lemon project with the exception of the repair of the street. The City Attorney advised to withhold the Board’s vote until discussion of potential litigation concerning Mr. Kevin Ladd in Executive Session.

CONSENT AGENDA

Motion was made by Alderman Cody, seconded by Alderman Ross and unanimously carried to accept the Consent Agenda with exception of items (n) and (v) which were pulled by Alderman Hagan.

Alderman Hagan pulled item (n) at the request of the Police Chief. The Police Chief stated that no roads will be shut down for the event due to lack of manpower. Motion was made by Alderman Hagan, seconded by Alderman Ross and unanimously carried to authorize the Special Event Permit for Rotary Club 5K run on Saturday, October 23rd with no road closures.

Alderman Hagan pulled item (v) to change the date of the event to August 7^th. Motion was made by Alderman Hagan, seconded by Alderman Ross and unanimously carried to authorize waiver of the rental fee for the Ocean Springs Civic Center for a town meeting hosted by Secretary of State Ray Mabus on August 7^th (Exhibit 7-v).

DEPARTMENT REPORTS – Addendum

The Mayor presented information concerning the reconstruction on the window and door trim in the Aldermen’s mailroom done by Pat Irwin (Exhibit A-4a).

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to accept the donation of the fountain from Dr. W. F. and Mollie J. Pontius to be placed at the Mary C. O’Keefe Cultural Center pending approval of MDAH or any other place deemed appropriate by Dr. and Mrs. Pontius and the City.

DEPARTMENT REPORTS

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to accept the Layoff and Recall Policy (Exhibit 8-a).

The Mayor presented a copy of the new City email newsletter.

ALDERMEN’S FORUM

Alderman Gill asked for a status on the light study for Portree Place and Dunsinance Street. The Mayor reported she had requested it from the power company but would follow up on this matter.

Motion was made by Alderman Gill, seconded by Alderman Ross and unanimously carried to authorize up to $800.00 from Ward 1 Capital Improvement Account for office furniture at the Mary C. O’Keefe Cultural Center.

Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to take off the table the issue of the tree removal at 2006 Kensington Avenue.

Motion was made by Alderman McDonnell, seconded by Alderman Gill and unanimously carried to authorize the removal of the magnolia tree at 2006 Kensington Avenue.

Alderman Cody requested a light study to be done at Robinson Street and Handy Avenue.

Alderman Cody asked the Public Works Department to ground out the tree trunks on Blount Street. The Public Works Director advised he will look at it.

Motion was made by Alderman Cody, seconded by Alderman Dalgo and unanimously carried to authorize the use of the front yard of the Senior Citizen Center for Cruisin’ the Coast on October 7^th, 8^th and 9^th.

Alderman Denyer asked the Drainage and Infrastructure Committee to consider piping and videoing the pipes at Parkwood to Ridgewood with corrugated steel pipes and also north of Ms. Hensley’s house on Ashley Place.

Motion was made by Alderman Dalgo, seconded by Alderman Hagan and unanimously carried to authorize up to $375.00 from Ward 5 Capital Improvement Account and $375.00 from Alderman at Large Capital Improvement Account for a drinking fountain at Clay Boyd Park and $375.00 from Mayor’s Capital Improvement Account and $375.00 from Ward 4 Capital Improvement Account for a drinking fountain at Lemoyne Park.

EXECUTIVE SESSION

Motion was made by Alderman Hagan, seconded by Alderman Denyer and unanimously carried to go into closed session to determine the necessity of going into executive session.

The City Clerk returned to the meeting and announced a motion was made by Alderman Cody, seconded by Alderman Hagan and unanimously carried to remain in executive session to discuss personnel in the Planning Department; potential acquisition of property and potential litigation regarding 217 Mitchell Street.

The City Attorney, John Edwards, exited executive session and asked the City Clerk to call Mike Watkins. The City Clerk called twice. Mike Watkins was not present.

Motion was made by Alderman McDonnell, seconded by Alderman Hagan and unanimously carried to return to regular session.

Alderman Hagan withdrew his previous motion and Alderman McDonnell withdrew his second concerning Mr. Kevin Ladd’s Easement.

Motion was made by Alderman McDonnell, seconded by Alderman Denyer and unanimously carried to terminate the employment of Mike Watkins for cause effective August 4, 2010 pursuant to the ample reasons outlined in his notice letter and it’s attachments and statements by the department head to the Board regarding his job performance.

Further, the board found that Mr. Mike Watkins was served notice via his regularly used email address to respond in writing and/or orally at tonight’s board meeting. No response was received. He has not answered numerous calls to his City issued cell phone. His last contact was that he was going to take care of some future legal matters in California.

Further, all leave afforded Mr. Watkins has been exhausted at this time and he is absent without explanation or approval.

Motion was made by Alderman Cody, seconded by Alderman Denyer and unanimously carried to purchase the Right of Way Easement from Mr. Clyde Wayne and Susan K. Anderson in the amount of $3,000.00. The amount reflects the compromise of a dispute regarding the location of the right of way.

Motion was made by Alderman Denyer, seconded by Alderman Cody and unanimously carried to purchase and accept the Easement and Temporary Construction Easement from Mr. Kevin Ladd in the amount of $2,500.00. The amount reflects the compromise of a dispute regarding the location of an easement given to the City in 1997 by previous property owners and any past claims related to city infrastructure located on lot 14 Newport Village South subdivision.

Motion was made by Alderman McDonnell, seconded by Alderman Dalgo and unanimously carried to authorize advertisement for the position of Building Inspector.

Motion was made by Alderman Hagan, seconded by Alderman Gill and unanimously carried to recess until 6:00 p.m. on August 17, 2010.

Meeting ended at 8:50 p.m.

_______________________________ ___________________________

City Clerk Mayor

___________________ ____________________

Date Date