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 February 20, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill, and City Clerk Adrienne Howell. Alderman Denyer and City Attorney Oscar Jordan were absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

At this time Mayor Ainsworth presented Angela Sanders with a proclamation proclaiming February 20, 2001, as Angela Sanders Day.

Mayor Ainsworth advised the Board that the City’s request for a permit from the Corp of Engineers regarding the recreation property had been denied, but that the City would continue to work toward obtaining a permit.

Approve Minutes of Regular Meeting of February 6, 2001

Accept Action Report

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

(Claims Docket)

Allow Karen Adams to attend 31^st Annual Conference of Municipal Clerks in Jackson on March 14-16, 2001, prepay $110.00 registration fee and pay all other reasonable and actual expenses

Accept recommendation to adopt Resolutions voiding 2000 Tax Sale of parcels no. 07225236.000 and 61060157.000 and refund to purchasers amount paid at said sale:

(Tax Sale Resolutions)

Increase mileage reimbursement rate from 32.5 cents per mile to 34.5 cents per mile for City employees and officers traveling on official business in their private vehicle:

(Mileage Reimbursement Rate Change)

Accept recommendation to increase school crossing guard salary to $12.50 per hour and to designate Gene Dickerson as head crossing guard at rate of $12.75 per hour:

(Crossing Guard Recommendation)

Accept recommendation to upgrade traffic supervisor position from lieutenant to captain and allow Police Chief to use current captain list for consideration for promotion:

(Traffic Supervisor Position)

Accept Fire Report for January 2001

Accept recommendation to accept resignation of Firefighter William H. Myers, Jr., effective January 29, 2001, and allow Fire Chief to begin process to fill vacancy:

(Myers Resignation)

Accept recommendation to approve Pay Request No. 2 from Pittsburgh Tank and Tower Co. ($238,322.00) regarding Halstead Tank work and release payment upon receipt of proper funds from CAP Loan:

(Pittsburgh Tank Invoice)

Accept recommendation to approve Pay Request No. 3 from Pittsburgh Tank and Tower Co. ($38,273.00) regarding Civic Center Tank Work and release payment upon receipt of proper funds from CAP Loan:

(Pittsburgh Tank Invoice)

Accept recommendation to award bid for Sewer Lift Station 10 Bypass Sewage Pumps and Alternate (Option) Backup Pumps to J. H. Wright & Associates, Inc. at the prices specified in their bid:

(Lift Station Bid Award)

Allow Public Works Director and Public Works Clerk Sheila Mayfield to attend MEMA Disaster Response and Recovery class in Jackson on April 10-13, 2001, and pay all reasonable and actual expenses to be reimbursed by MEMA

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($19,970.10) regarding sewer line repairs on Lift Station 10 Bypass:

(Graham Invoice)

Accept recommendation to approve payment of Pay Application No. 2 from Dependable Plumbing, Inc. ($108,622.94) regarding Highway 90 Utility Relocation and authorize Compton Engineering, P.A. to submit application to MDOT:

(Dependable Plumbing Invoice)

Accept recommendation to authorize Mayor to sign and submit documents related to the $500,000 grant through the Dept. of Housing and Urban Development EDI-Special Projects Program for the Mary C. O’Keefe Cultural Center for Arts and Education:

(Mary C. O’Keefe Grant Documents)

Approve Building Report for January 2001

Allow Building Official to attend Association of Floodplain Managers of MS Workshop and Conference in Jackson on April 5-6, 2001, prepay the $50.00 registration fee and pay all other reasonable and actual expenses

Adopt Resolution Approving Proposed Mutual Aid Legislation (with Jackson County and adjacent political subdivisions):

(County Mutual Aid Resolution)

Pay City Attorney’s bill for January 2001 ($3,130.00)

Accept Mayor’s recommendation to accept responsibility for street lights on Promenade Blvd., Faulkner Ct. and Marta St. in Promenade Subdivision:

(Promenade Street Lights)

Item o was removed from the Consent Agenda for further consideration and item n was removed.

Motion by Gill, seconded by Cody, to approve the Consent Agenda, excluding items n and o.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(FYE 2001 Budget Amendments)

Motion by Cosper, seconded by McDonnell, to accept the City Clerk’s recommendation to adopt the budget amendments for FYE 2001 as presented.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Budget Order)

Motion by Cody, seconded by Garrard, to adopt the Order Amending FY 2000-2001 Budget Appropriations and authorize the City Clerk to publish said order as required by law.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Park Commission Budget)

Motion by Jalanivich, seconded by Cody, to adopt the FYE 2001 amended budget for the Park Commission.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Frayser Resignation)

Motion by Cody, seconded by Garrard, to accept the resignation of Risk Manager Carolyn Frayser, effective February 28, 2001, and allow her to purchase her service weapon for a cost of $1.00 if legal.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Garrard, seconded by Gill, to authorize the Fire Chief to take whatever action is necessary to properly dispose of the ten SCBA bottles removed from the auction list and delete them from the inventory.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

After some discussion regarding item o of the Consent Agenda, the following motions were made:

Motion by Gill, seconded by Cody, to authorize the City Engineer to examine the erosion on Riley Rd. and contact Kappa Development & General Contracting, Inc. to shore up the road shoulder.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Garrard, seconded by Cody, to approve item o of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Cody, seconded by Garrard, 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 Denyer

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

(Kirkpatrick Documents)

Motion by Jalanivich, seconded by Cosper, to accept the recommendation of the Review Section Committee and approve the request of William B. Kirkpatrick for a 20% rear yard setback variance at 3908 Yosemite Dr.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer and Members Schmidt and LaPointe

(Jackson Documents)

Motion by Jalanivich, seconded by Cody, to accept the recommendation of the Review Section Committee and approve the request of Shane Jackson for a 20% front yard setback variance at 502 Magnolia Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer and Members Schmidt and LaPointe

(Brokl Documents – Lot 23, Fort Bayou Est. Part 2)

Motion by Jalanivich, seconded by Cody, to accept the recommendation of the Review Section Committee and grant a 12% (4 feet) height variance to Tom and Lynda Brokl at 3229 Cumberland Rd.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Member Sanders

ABSENT AND NOT VOTING Alderman Denyer and Members Schmidt and LaPointe

Motion by Garrard, seconded by Gill, 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 Denyer

Motion by Cody, seconded by Garrard, to ratify the actions of the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(First Presbyterian Church COA)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for First Presbyterian Church at 921 Ocean Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Hunt COA)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Jack Hunt at 312 Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(City of OS COA)

Motion by Jalanivich, seconded by Garrard, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for the City of Ocean Springs at the Mary C. O’Keefe Cultural Center at 1600 Government St.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

At this time the Mayor and Board of Aldermen addressed the request of Marco St. John to rezone 1111 Nelson Dr. from C-3 to R-1. City Planner Donovan Scruggs advised the Board that rezoning the property would help Mr. St. John in acquiring a mortgage loan and would not require him to build the residence to commercial standards.

Alderman Garrard stated for the record that he had no objection to Mr. St. John building a residence on the property, but had legal concerns about rezoning. He stated that in his opinion the property had not been zoned incorrectly and that the character of the neighborhood had not changed so as to warrant a zoning change. He also expressed concern that the size of the lot would not meet the requirement for an R-1 zone. Mr. Scruggs advised the Board that the property was not considered a lot of record because it was not being developed.

Mr. St. John stated that the Mitchell’s were the only property owners objecting to the rezoning and felt it was merely a real estate issue, as their property was currently up for sale.

Emma Mitchell stated she and her husband, Charles, were opposed to the rezoning because the 35 feet buffer zone and setback requirements would reduce the amount of useable area on their small lot and was concerned that there not be enough area remaining for commercial development. The possibility of Mr. St. John sharing in the 35 feet buffer zone was discussed, however, Mrs. Mitchell suggested Mr. St. John absorb the entire 35 feet. Mr. St. John was in disagreement. The City Planner was directed to review the zoning ordinance to try to determine a legal remedy to the problem.

Motion by Jalanivich, seconded by Garrard, to table the issue of Marco St. John’s request to rezone the property at 1111 Nelson Dr. to R-1 for two weeks.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Gulf Coast Wireless)

Motion by Jalanivich, seconded by Cosper, to accept the Planning Commission’s recommendation to approve the request of Gulf Coast Wireless for a 150 ft. monopole telecommunication tower to be located east of Ward Ave. and the Ocean Springs Lumber Co.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Webb Documents – Special Exception Permit)

Motion by Jalanivich, seconded by Garrard, to accept the Planning Commission’s recommendation to approve the request of Andrew Webb for a special exception permit at 1319 Bienville Blvd. for a pawn shop, subject to the conditions outlined in their letter dated February 14, 2001, to include the stipulation of no retail sales of assault weapons.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by McDonnell, seconded by Gill, to authorize the Mayor to write the State Highway Dept. to set up a meeting where the businesses affected by the Hwy 90 widening project and the Chamber of Commerce can be invited so the City can get a handle on things and provide as much assistance as possible to keep the businesses running.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Cody, seconded by Jalanivich, to remove the issue of Community Court from the agenda and place it on the Action Report.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Gill, seconded by Jalanivich, to table the issue of doors for the Community Center until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Junior Auxiliary of Biloxi-Ocean Springs – Request for Community Promotion Funds)

Motion by McDonnell, seconded by Cody, to provide $2,000.00 of the $5,000.00 unexpended in the community promotion budget to the Junior Auxiliary of Biloxi-Ocean Springs, with the stipulation that the City be able to comply with the state law regarding budget requirements and contingent upon their supplying a letter to the City Clerk outlining how they intend to promote the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(MS Power Letter)

Motion by Jalanivich, seconded by Cody, to accept the recommendation of Mississippi Power Co. and install a pole and 100w hps street light at the southeast corner of Halstead Rd. and Havard Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Singing River EPA Letter)

Motion by Gill, seconded by Cody, to accept the recommendation of Singing River EPA regarding lighting improvements along Parktown Dr. and the area to the rear of Ocean Springs Hospital.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Jalanivich, seconded by Garrard, to appoint Kay Baggett to the Tree Committee to fill the unexpired term of Ralph Jackson, who is unable to attend meetings on a regular basis.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by McDonnell, seconded by Cody, to appoint Angela Sanders to the Election Commission to fill the unexpired term of Robert Perry.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Clayton Bass – Walter Anderson Centennial Celebration – Grant Application)

Motion by McDonnell, seconded by Jalanivich, to authorize the submittal of a grant application by the Walter Anderson Museum of Art on behalf of the City of Ocean Springs for funding for the Walter I. Anderson Centennial Celebration 2003, and authorize the Mayor to sign any necessary documents.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Park Commission – St. Jude’s Bike-a-Thon)

Motion by Jalanivich, seconded by Garrard, to allow the Park Commission to confer with the Police Chief to find a block to shut down for 1 or 2 hours for the St. Jude’s Bike-a-Thon.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Park Commission – Use of Civic Center for Dance Recital)

Motion by Jalanivich, seconded by McDonnell, to allow the Ocean Springs Park Commission to use the Civic Center on June 13-14, 2001, for their annual dance rehearsal and to waive all fees except the $150.00 setup/cleanup fee.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Angela Sanders – "We the People" National Competition)

Motion by Jalanivich, seconded by McDonnell, to provide $100.00 per student for a total of $1,800.00 for the "We the People" National Competition for promoting the assets and resources of the City of Ocean Springs, contingent upon community promotion funds being available.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Ross Dodds commended the Board on their presentation to the Dep. of Marine Resources regarding the recreation property. He told the Board of the need for striping middle of the street on Harbor Dr. from the Austin property and around the curve onto LaFontaine.

Britt Sandblom asked about the progress of the lot cleaning at 443 Bills Ave. The Planning Director was to check on the issue the following day.

(Oak Park Letter)

Motion by Gill, seconded by Cody, to authorize the Mayor and Alderman Cody to review the paving request from School Superintendent Anna Hurt regarding Oak Park Elementary and come back to the Board with a recommendation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(MGCC of Garden Clubs)

Motion by McDonnell, seconded by Jalanivich, to designate up to $500.00 to the Mississippi Gulf Coast Council of Garden Clubs for the purchase of plant materials as outlined in their letter for the three areas in downtown Ocean Springs, and to allow Public Works to remove the shrubs at Munro Petroleum and allow the Garden Club to plant them where they deem appropriate.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

(Caboose Proposal)

Motion by Garrard, seconded by McDonnell, to accept the proposal from Fletcher Construction Co., Inc. in the amount of $2,240.00 for labor and equipment to relocate the caboose from City Hall to Highway 90.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Jalanivich, 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 Denyer

Motion by Jalanivich, seconded by Cody, to go into executive session to discuss personnel matters in all departments and the authority for the negotiation of a contract with an architect, and to excuse the clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

The City Clerk announced to the audience that the Board had elected to go into executive session to discuss personnel matters in all departments and the authority for the negotiation of a contract with an architect

After approximately 25 minutes the executive session ended and the following motion was made:

Motion by Garrard, seconded by Jalanivich, to resume the regular session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Garrard, seconded by McDonnell, to authorize the City Attorney to draft a contract with Carl Germany for architectural work to be done at the Mary C. O’Keefe building to carry it to Phase I.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Garrard, seconded by Cody, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

______________________________ _____________________________

City Clerk Mayor

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Date Date