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

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

At this time Mayor Ainsworth read aloud the following proclamation declaring the month of March 2001 as Gardening Month.

(Garden Proclamation)

Next, Mayor Ainsworth presented the following proclamation to Lana Robinson of Ocean Springs Hospital declaring Friday, March 30, 2001, as Doctor’s Day.

(Doctor’s Day Proclamation)

Jill Rhodes, on behalf of the Ocean Springs Library, submitted a copy of the Action Plan for the 2000 Public Libraries Capital Improvement Program. She stated the library was submitting a grant application for furniture and equipment totaling approximately $13,018.00, with the City’s 40% share being $5,208.00, and requested the City adopt a resolution approving the project and committing the funds.

(Library Plan)

Motion by McDonnell, seconded by Denyer, to adopt a resolution in support of the 2000 Public Libraries Capital Improvement Program and commit to the 40% funding match of approximately $5, 208.00, provided funds are available at year-end.

VOTING AYE ALL

VOTING NAY NONE

Approve Minutes of Recess Meeting of February 20, 2001, as presented

Approve Meeting of Regular Meeting of March 6, 2001, as presented

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

(Claims Docket)

Accept recommendation to adopt revised pay scale, effective immediately, and spread it upon the minutes:

(Revised Pay Scale)

Accept recommendation to place Meter Reader Mike Ferguson on permanent employee status, effective March 21, 2001, and place him at Band 2/Step 3 of the amended salary scale ($9.05):

(Ferguson Permanent Letter)

Accept recommendation to declare the position of Human Resources Director/Risk Manager as "professional exempt" and add it to Band 7 of the Salary Scale, and to hire Jill Ann McDonnell to fill the position, effective April 1, 2001, at Band 7/Step 1 ($32,066.00) and place her on six months probation:

(McDonnell Hire Letter)

Accept recommendation to pay $140.00 each to Election Commissioners Terry Ceasar, Madeline Power and Angela Sanders for performing statutory election related duties:

(Election Pay)

Accept Police Report for February 2001

Accept Police Reserve Report for February 2001 and pay $240.00 stipend

Allow Det. Keith Havard to attend "Interview and Interrogation" course in Meridian on April 2-6, 2001, and pay all reasonable and actual expenses

Allow Det. James Washington and Ptn. John Flowers to attend "Back to Basics Crime Scene Examination" course in Oxford on April 8-11, 2001, prepay the $50.00 per person registration fee and pay all other reasonable and actual expenses

Allow Det. Keith Havard to attend "Top-Gun" Investigator Workshop in Meridian on April 18-20, 2001, and pay all reasonable and actual expenses

Allow Capt. Terry Harris to attend "Accident Reconstruction Level 2" course in Long Beach, MS, on April 23-May 4, 2001, prepay the $500.00 tuition fee and pay all other reasonable and actual expenses

Allow Dets. Keith Havard and James Washington to attend "Police Officer Response to Street Narcotics" course in Meridian on April 30-May 4, 2001, prepay any necessary registration fee and pay all other reasonable and actual expenses

Accept recommendation to place Ptn. Scote Renfro on permanent employee status:

(Renfro Permanent Letter)

Accept retirement letter from Lt. Doug Wells, effective June 28, 2001, and allow Police Chief to begin process of promotion to fill vacancy of Lieutenant and to begin process to fill Patrolman vacancy:

(Wells Retirement Letter)

Accept Fire Report for February 2001

Accept recommendation to withhold payment of invoice from Howell’s Nursery & Landscaping, Inc. ($54,612.55) until item (D) of punch list, "Replace all dead plant material," is resolved:

(Howell’s Nursery Invoice)

Accept recommendation to pay invoices from Compton Engineering totaling $15,500.56 for construction phase services regarding water and sewer relocation along Hwy 90:

(Compton Invoices)

Accept recommendation to approve Pay Application No. 3 from Dependable Plumbing, Inc. ($40,138.38) regarding Hwy 90 utility relocation and authorize Compton Engineer, Inc. to submit application to MDOT

Accept recommendation to pay invoice from Twin L Construction, Inc. ($5,180.40) regarding sidewalk/street repair:

(Twin L Invoice)

Accept recommendation to pay invoice from Twin L Construction, Inc. ($8,721.04) regarding sidewalk/street repair:

(Twin L Invoice)

Accept recommendation to pay invoice from Twin L Construction, Inc. ($11,508.07) regarding sidewalk/street repair:

(Twin L Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($29,891.70) regarding sewer line repairs on Lift Station 10 Bypass:

(Graham Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($1,696.05 – retainage) regarding sewer line repairs on Reilly Rd.:

(Graham Invoice)

Accept Building Report for February 2001

Pay City Attorney’s bill for February 2001 ($4,300.00)

Accept Mayor’s recommendation to energize street light near 3304 Mount Vernon Court:

(Street Light Letter)

Accept Mayor’s recommendation to pay invoice from Kemp Associates, P.A. ($4,497.10) regarding Comprehensive Plan:

(Kemp Invoice)

Accept Mayor’s recommendation to pay invoice from Architect Carl Germany ($6,778.55) regarding roof for Mary C. O’Keefe Cultural Center for Arts and Education:

(Germany Invoice)

Accept Architect Carl Germany’s recommendation to approve Certificate for Payment No. 4 from MLH, Inc. ($14,914.50) regarding Community Center Floor:

(MLH Invoice)

Items d, f, t and cc were removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by Jalanivich, to approve the Consent Agenda, excluding items d, f, t and cc.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item d of the Consent Agenda, the following motion was made:

Motion by Cosper, seconded by Denyer, to approve item d of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item f of the Consent Agenda, the following motion was made:

Motion by Cody, seconded by Jalanivich, to approve item f of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman McDonnell

(Budget Amendment)

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

VOTING AYE ALL

VOTING NAY NONE

(Budget Order)

Motion by Gill, seconded by Cody, to adopt the above and foregoing Order and authorize the City Clerk to publish said order as required.

VOTING AYE ALL

VOTING NAY NONE

(Park Commission Docket Summary)

Motion by Jalanivich, seconded by Cody, to approve the Park Commission’s docket of claims and spread the docket summary upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

The City Clerk reported that a recent bill had been passed by the Legislature regarding the Backflow Prevention Program identifying certain areas as low hazard. She added that residential homes and multi-dwellings of up to 8 families were now exempt from the program and therefore, should not be charged the $1.00 program fee.

Motion by Denyer, seconded by McDonnell, to rescind the $1.00 Backflow Prevention Program charge for residential customers and authorize the City Attorney to draft an amendment to the appropriate ordinance.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cosper, to allow the Asst. Fire Chief to attend the Fire Act Grant Meeting in Jackson on March 22, 2001, and pay all reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

(Fire Truck Bids)

Motion by Gill, seconded by Cody, to accept the Fire Chief’s recommendation to award the bid for one 1500 GPM Fire Pumper Truck to Sunbelt Fire Apparatus, the best bidder, at a cost of $278,642.00, with payments to be made annually on a lease/purchase plan for a three-year period.

VOTING AYE ALL

VOTING NAY NONE

(Kappa Final Pay Request)

Motion by Jalanivich, seconded by Cody, to accept the City Engineer’s recommendation to approve the Final Pay Request from Kappa Development & General Contracting, Inc. regarding the Government St. Improvements Project, withholding $10,000.00 for servicing on the two outside lanes, and release payments to Kappa in the amount of $53,318.58 and to Engineering Testing Services, Inc. in the amount of $49.50.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item t of the Consent Agenda, the following motion was made:

(Dependable Plumbing Invoice – Corrected Amount)

Motion by Cosper, seconded by Jalanivich, to approve item t of the Consent Agenda with a corrected amount of $44,598.20.

VOTING AYE ALL

VOTING NAY NONE

(Hwy 90 Utility Relocation Change Orders)

Motion by Gill, seconded by Jalanivich, to accept the Public Works Director’s recommendation to approve Change Orders No. 1 in the amount of $141,765.00 and No. 2 in the amount of $27,640.00 regarding the Highway 90 Utility Relocation Project and authorize the Mayor, City Clerk and Public Works Director to find funding or seek outside funds to fund the change orders.

VOTING AYE ALL

VOTING NAY NONE

(Covenant Agreement – Bentzinger – 9116 Ocean Springs Rd.)

Motion by Garrard, seconded by Jalanivich, to accept the Covenant Agreement at 9116 Ocean Springs Rd., spread it upon the minutes, and authorize the City Clerk to record the agreement in the land deed records of Jackson Co.

VOTING AYE ALL

VOTING NAY NONE

Motion by Denyer, seconded by Jalanivich, to allow Alderman Denyer to work with the Public Works Director and City Engineer to obtain cost estimates for speed control devices, and to authorize the Public Works Director to obtain a cost estimate for the second phase of sidewalks from Magnolia Bayou to Magnolia Elementary School.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Gill, to recess the regular session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

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

(Anderson Documents)

Motion by Cosper, seconded by Gill, to accept the Review Section Committee’s recommendation to grant a 20% rear yard variance to Wayne Anderson for construction of a 22’ x 30’ addition to his commercial building at 428 Porter Ave.

VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper, Denyer and Gill and Members Schmidt and Heddings

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Members Sanders, LaPointe and Rhodes

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

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

VOTING AYE ALL

VOTING NAY NONE

(Aimee’ Documents)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission and deny the request of Pamela Boudin Aimee’ to remove 900 Robinson St. from the Railroad Historic District due to lack of provisions in the ordinance and there not being enough evidence for need for removal other than the additional restrictions and requirements.

VOTING AYE ALL

VOTING NAY NONE

(Walker COA)

Motion by McDonnell, seconded by Garrard, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Betty and Guy Walker at 502 Rayburn Ave.

VOTING AYE ALL

VOTING NAY NONE

(King COA)

Motion by Jalanivich, seconded by Cody, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Kenny King at 1102 Bowen Ave.

VOTING AYE ALL

VOTING NAY NONE

(Wrigley Documents)

Motion by Gill, seconded by Garrard, to accept the Planning Commission’s recommendation to rezone the 40 acres of property north of Lakeview Subdivision, Phase II from R-1 to R-2, keeping the single family residential status.

VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper, Denyer and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

Motion by Jalanivich, seconded by Gill, to table the request of Don Abrams for modifications to his pier at 1201 Harbor Dr. until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item cc of the Consent Agenda, the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 3 - 2001

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM I-1 TO C-3

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 4 - 2001

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM I-1 TO C-3

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 5 - 2001

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM I-2 TO C-3

Motion by Jalanivich, seconded by Garrard, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth opened the lot cleaning hearing regarding 443 Bills Ave. Neither the owner nor a representative was present for the hearing. The City Planner reported the owner had purchased a building permit to upgrade the property, however, progress was moving slowly. Alderman Cody requested he be allowed to meet with the property owners and asked that the matter be held over until the next meeting. The Board agreed to his request.

(MS Power Letter)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of Mississippi Power Co. with regard to street lighting improvements in the Vancleave St./Calhoun Ave. area.

VOTING AYE ALL

VOTING NAY NONE

(E. Foley Ranson Letter)

Motion by Jalanivich, seconded by Cody, to close Rayburn Ave. from Porter to Mosely from 9:00 a.m. to 2:00 p.m. on April 21, 2001, for the St. John’s Episcopal Church festival, and to have the event coordinated with the Police Dept.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, Denyer and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Garrard

Betty Trammel of 1307 Chalmette requested the City enforce the livestock ordinance at 1300 Chalmette, as the pot belly pigs were a nuisance due to noise and odor, and the property in question did not contain enough square footage according to the ordinance to allow the pigs.

Motion by McDonnell, seconded by Gill, to direct the Building Official to enforce the livestock ordinance at 1300 Chalmette.

VOTING AYE Aldermen Garrard, McDonnell, Cody, Cosper, Denyer and Gill

VOTING NAY Alderman Jalanivich

Doug Denehie of 503 Forest Hill Dr. read aloud a section from the Dept. of Marine Resources’ Coastal Wetlands book, which listed recreation as being one reason for the issuance of permits in a wetlands area. He offered to provide copies of the petition he was circulating in support of a permit to Board members and candidates in order for them to collect signatures.

Steve Robinson of 3307 Government St. read aloud the following statement regarding his property on Government St. and asked that it be spread upon the minutes.

(Robinson statement)

Motion by McDonnell, seconded by Garrard, to accept the statement from Steve and Lana Robinson and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by McDonnell, to go into closed session to determine the necessity for an executive session.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Jalanivich, to go into executive session to discuss personnel matters in the Water Dept. and Planning Dept., and a matter of 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 personnel matters in the Water Dept. and Planning Dept., and a matter of potential litigation.

After approximately 50 minutes the executive session ended and the regular session was resumed.

Motion by Jalanivich, seconded by Gill, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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