A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 7:00 p.m. on August 17, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper, McKay 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 Marion Alford presented the City with a Public Liability Award for "Excellence in Risk Management" on behalf of the Mississippi Municipal Liability Plan for the year 1999.

The next item taken up for consideration was the Consent Agenda:

Approve minutes of Recess Meeting of August 9, 1999

Accept Fire Report for July 1999

Accept Fire Chief’s recommendation to hire Carl Alvin Peeples, III as Fire Fighter and place him on 12 months probation:

(Peeples Letter)

Allow Fire Fighter Corey Chaney to attend the Emergency Medical Care Course, CC EMED 99, on September 13-15, 1999, and the Firefighter 1001 I & II Course, CC 1001-99, on October 25-December 10, 1999, and pay all reasonable and actual expenses:

(Chaney Education Letter)

Allow Purchasing Agent Phillip Killingsworth to obtain certification as Certified Professional Public Buyer as requested at a cost of $495.00 per part (two parts):

(Killingsworth Education Letter)

Accept City Engineer’s recommendation to approve Pay Request No. 3 from McPhearson Construction Services, Inc. in the amount of $26,060.85 for construction services regarding Renovations to the Community Pier:

(Pier Letter)

Pay City Attorney’s bill for July 1999 ($3,212.49)

Accept City Attorney’s recommendation to pay the two invoices from Attorney Joseph Q. White, Jr. in the total amount of $100.00 for Deed of Trust Searches on parcels no. 60126160.050 and 06126160.000 (Wal-Mart easements):

(White Invoices)

Accept Action Report dated August 17, 1999

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

(Docket Summary)

Items c and d were removed from the Consent Agenda for further consideration.

Motion by Jalanivich, seconded by Garrard, to approve the Consent Agenda, excluding items c and d.

VOTING AYE ALL

VOTING NAY NONE

Steve Delahousey and Chris Vickery of American Medical Response (AMR) gave a mid-year ambulance update and advised the City of the extra precautions they were taking during the temporary closing of the I-110 bridge.

After some discussion regarding items c and d of the Consent Agenda, the following motion was made:

Motion by Cody, seconded by Jalanivich, to accept the Fire Chief’s recommendation to hire Carl Alvin Peeples, III, as Fire Fighter and place him on 12 months probation and to allow Fire Fighter Corey Chaney to attend the Emergency Medical Care Course on September 13-15, 1999, and Fire Fighter Course 1001 I & II on October 25 – December 10, 1999, and pay all reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

(Selecting/Terminating Employees Seminar)

Motion by Garrard, seconded by McKay, to allow the City Clerk and all other department heads or their representatives to attend the Selecting and Terminating Employees Seminar in Biloxi on October 28, 1999, and to pay the registration fee of $169.00 or $159.00 each, whichever is applicable.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to pay the invoices for the four Police vehicles and the two Public Works trucks as requested by the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

(The Insurance Center Quote – Fire & Extended Coverage/Building & Contents)

Motion by McKay, seconded by Garrard, to accept the City Clerk’s recommendation to approve the renewal quote from The Insurance Center, Inc. in the amount of $28,816.00 for Fire and Extended Coverage Insurance on City buildings.

VOTING AYE ALL

VOTING NAY NONE

(MSA Letter re: Queen Elizabeth Pay Request)

Motion by Cody, seconded by Garrard, to accept the recommendation of Moran, Seymour and Associates to approve Pay Request No. 4 from X-Cel Construction in the amount of $20,464.87 for construction services regarding the Queen Elizabeth Drainage Project.

VOTING AYE ALL

VOTING NAY NONE

Mark Seymour of Moran, Seymour and Associates reported that the bids received for the Wal-Mart SuperCenter drainage project exceeded the grant by $120,000.00, of which Wal-Mart had agreed to pay $85,000.00.

Motion by McDonnell, seconded by Cody, to approve the additional funding for the Wal-Mart SuperCenter drainage project.

VOTING AYE ALL

VOTING NAY NONE

(Seymour’s Resignation)

Motion by Jalanivich, seconded by McDonnell, to accept the resignation of Public Works Clerk Crystal Seymour, effective September 10, 1999, and transfer Public Works Data Clerk Sheila Mayfield to the position and place her at Band 3/Step 1 of the salary scale ($8.85).

VOTING AYE ALL

VOTING NAY NONE

The City Planner reported that the estimated cost for a pedestrian warning system was approximately $18,000.00, depending upon a manual or automatic activation system and depending upon the cost of extending power to the system.

Motion by McKay, seconded by Jalanivich, to allow the City Planner to proceed with the next step to bring the pedestrian warning system project for Hanshaw Rd. to completion, including advertising for bids.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Jalanivich, to allow Moran, Seymour & Associates to study the pedestrian warning system and recommend whether the City should obtain an automatic or manual activation system.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by Jalanivich, to provide $2,000.00 from Community Promotion funds for the printing of promotional brochures for the Mary C. O’Keefe Cultural Arts & Education Center and for refreshments for the public ceremony on October 9, 1999, to unveil the plaque.

VOTING AYE ALL

VOTING NAY NONE

John White of 110 Shearwater Dr. voiced his objection to the Certificate of Appropriateness issued to Donald Scharr for a fence at 108 Shearwater Dr. He complained that the type of fence approved was not in compliance with the Historic Preservation Ordinance and should not have been approved by the Historic Preservation Commission..

Motion by Cody, seconded by McDonnell, to issue a stop work order on the fence at 108 Shearwater Dr., subject to review by the Historic Preservation Commission as to the propriety of the Certificate of Appropriateness they issued, and that the Commission inform the Mayor and Board of Aldermen of their decision.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to recess the Regular Session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

Members of the Zoning and Adjustment Board Review Section Committee present were Angela Sanders and Richard Schmidt. Brad Bradford, David LaPointe and Marshall Johnson were absent.

(Thibeult Documents)

Motion by Cody, seconded by Cosper, to accept the recommendation of the Zoning and Adjustment Board Review Section Committee to deny a front yard variance to Beverly Thibeult for a free-standing accessory building at 1200 Nelson Dr. and grant her a 20% front yard variance for an attached accessory building.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Gill

ABSENT AND NOT VOTING Members Bradford, LaPointe and Johnson

(Hoover Documents)

Motion by Cody, seconded by McDonnell, to accept the recommendation of the Zoning and Adjustment Board Review Section Committee to deny the request of Dr. Rick Hoover for a side yard variance at 3009 Trentwood Dr.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Bradford, LaPointe and Johnson

(Sepe Documents)

Motion by Cody, seconded by Garrard, to accept the recommendation of the Zoning and Adjustment Board Review Section Committee to deny the request of Mark L. Sepe for a front yard variance at 617 Clark Lane because it is not within the 20% maximum allowance as stated under Section 805(2) of the Zoning Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Bradford, LaPointe and Johnson

(Domino’s Pizza Documents)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of the Zoning and Adjustment Board Review Section Committee to grant the request of Domino’s Pizza for a sign area variance at 2260 Bienville Blvd.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, McKay and Gill and Members Sanders and Schmidt

VOTING NAY Alderman Garrard

VOTING ABSTAINED Alderman Cosper

ABSENT AND NOT VOTING Members Bradford, LaPointe and Johnson

Motion by Cody, seconded by Jalanivich, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by Garrard, to discontinue the lot cleaning process regarding 1320 Diller Rd.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McDonnell, to send Mark Von Redlich a letter of appreciation for his service to the City in the Civil Defense area.

VOTING AYE ALL

VOTING NAY NONE

(Chevis C. Swetman – Funding Request for Hurricane Camille Monument)

Motion by Cosper, seconded by Cody, to allocate $2,000.00 from FYE 1999 and $2,000.00 from FYE 2000 for the Hurricane Camille Monument, subject to a local and private bill being passed by the Legislature authorizing the allocation.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, 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 McKay

Motion by Cosper, seconded by Cody, to go into Executive Session to discuss the purchase of property and the lease of property.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

The City Attorney announced to the audience that the Board had elected to go into Executive Session to discuss the purchase of property and the lease of property.

After approximately 50 minutes the Executive Session ended and the following motion was made:

Motion by Cody, seconded by Gill, to resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Park Commission Facility Improvements Letter)

Motion by Jalanivich, seconded by Cody, to take the money appropriated in the FYE 1999 budget for the tennis courts and transfer it to where the City can fund the request for the Parks and Recreation facility improvements and that it be done immediately.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(St. John’s Episcopal Church COA)

Motion by McDonnell, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for St. John’s Episcopal Church (Rectory) at 507 Rayburn Ave.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Garrard

ABSENT AND NOT VOTING Alderman McKay

(Bradford Resignation)

Motion by McDonnell, seconded by Cody, to accept Brad Bradford’s resignation from the Zoning and Adjustment Board and send him a letter of appreciation for his service to the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by McDonnell, seconded by Jalanivich, to allow the Mayor to attend the Mississippi Municipal League meeting in Hattiesburg on September 17, 1999, and pay all reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

No one addressed the Mayor and Board of Aldermen at this time.

(SBA/BellSouth Telecommunications – Police Radio Tower)

Motion by McDonnell, seconded by Jalanivich, to authorize the Mayor to execute an agreement with BellSouth Cellular Corporation for a Ground License Agreement and Antenna Site License Agreement in substantially the same form as the one presented.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by McDonnell, seconded by Cody, to authorize the Mayor, City Attorney, and Aldermen Garrard and Gill to negotiate the potential purchase of property for a public safety facility.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

ORDINANCE NO. 6 - 1999

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM R-1 TO R-2

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

ORDINANCE NO. 7 - 1999

AN AMENDMENT TO ORDINANCE NO. 13- 1976

REZONING PROPERTY HEREIN DESCRIBED FROM R-1 TO C-1

Motion by Gill, seconded by Cosper, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

ORDINANCE NO. 8 - 1999

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM R-1 TO R-4

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

ORDINANCE NO. 9 - 1999

AN AMENDMENT TO CODE OF ORDINANCE,

THE CITY OF OCEAN SPRINGS, MISSISSIPPI,

PROHIBITING PARKING OR STANDING VEHICLES

ON THE WEST SIDE OF THORNE AVENUE

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

ORDINANCE NO. 10 - 1999

AN ORDINANCE AMENDING THE

SUBDIVISION REGULATIONS OF THE

CITY OF OCEAN SPRINGS, MISSISSIPPI,

BY PROHIBITING DEVELOPERS AVOIDING

WARRANTY LIABILITIES BY THEIR CLAIM

OF COMPLIANCE WITH THE MINIMUM

REGULATIONS AND INSPECTIONS REQUIRED

UNDER THESE SUBDIVISION REGULATIONS

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by McDonnell, seconded by Cody, that the rezoning of the above property from R-1 to R-4 does not become effective until and unless traffic study requirements are met and approved by this Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by Cody, seconded by Jalanivich, to adjourn.

VOTINGAYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

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City Clerk Mayor

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