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 November 16, 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 Deputy City Clerk Diane Minter. City Clerk Adrienne Howell was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

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

Approve Minutes of Regular Meeting of November 2, 1999

Approve Minutes of Recess Meeting of November 3, 1999

Accept Police Chief’s recommendation to reschedule the Police Dept. bicycle auction for Saturday, December 4, 1999, at 10:00 a.m. and authorize the City Clerk to publish the notice of auction in the local newspapers

Accept Police Chief’s recommendation to hire Christina Marie Carter as Dispatcher, effective upon successful completion of all pre-employment requirements, and place her on six months probation:

(Carter Hire Letter)

Allow Lt. Terry Harris and Ptn. Delaney Waltman to attend the Regional Counter Drug Training Academy T-Cap School in Meridian on November 29-December 3, 1999, and pay all reasonable and actual expenses

Allow Ptn Doug Nelson to attend the Regional Counter Drug Training Academy T-Cap/Criminal Patrol Class in Meridian on December 6-10, 1999, and pay all reasonable and actual expenses

Allow Capt. Mike Ducote to attend the Tactical Operations Command Course in Jacksonville, FL, on December 13-15, 1999, and prepay the $395.00 tuition fee and pay all reasonable and actual expenses

Allow Ptn. Mike Crebassa to attend the class on Raid Planning/Service of High Risk Warrants in Meridian on December 13-17, 1999, and pay all reasonable and actual expenses

Accept Police Chief’s recommendation to authorize the City Clerk to readvertise for bids for Vehicle Maintenance and Repairs for Police Dept. vehicles:

(Readvertise Bids)

Accept Fire Report for October 1999

Accept Fire Chief’s recommendation to release the $18,000.00 budgeted in FYE 2000 for the purchase of a new Fire Dept. vehicle and transfer the 1995 Ford Taurus to the City Hall inventory once the new vehicle is in service:

(Fire Vehicle Letter)

Accept Fire Chief’s recommendation to hire Mathew Ray Bigelow (Band 4/Step 1, $20,940.00), Lawrence David Turner (Band 4/Step 2, $22,020.00) and Derek David Callender (Band 4/Step 2, $22,020.00) as Fire Fighters, pending successful completion of all pre-employment requirements, and place them on 12 months probation:

(Bigelow, Turner, Callender Hire Letter)

Accept Public Works Director’s recommendation to pay the invoice from Graham Construction Co., Inc. ($15,060.60) for sewer line repairs on Nottingham Rd.:

(Graham Invoice)

Accept Public Works Director’s recommendation to approve the hire of Arthur Gene Travis as Assistant Mechanic, effective November 17, 1999, at Band 1/Step 6 of the salary scale ($8.07) and place him on six months probation:

(Travis Hire Letter)

Accept Building Report for October 1999

Accept Building Official’s recommendation to place Michelle R. McClure on permanent employee status as Community Development Clerk:

(McClure permanent Letter)

Allow Mayor, staff members of the Mayor’s choice and any Board members who would like to participate to attend the MML Mid-Winter Conference in Jackson on January 19-20, 2000, and prepay the necessary registration fees and pay all other reasonable and actual expenses

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 3 from Colonial Builders ($9,529.89) regarding Senior Citizens Center Repairs:

(Colonial Invoice)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 3 from J. O. Collins Contractor, Inc. ($6,572.40) regarding Ocean Springs Civic Center Repairs:

(Collins Invoice)

Accept Easement from Singing River Hospital System, a publicly owned Hospital System and spread it upon the Minutes:

(Hospital Easement)

Pay City Attorney’s bill for October 1999 ($3,352.64)

Accept Action Report

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

(Docket Summary)

Items i, k, l and q were removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by Cody, to approve the Consent Agenda, excluding items i, k, l and q.

VOTING AYE ALL

VOTING NAY NONE

At this time Margaret Miller of the Ocean Springs Chamber of Commerce announced the City of Ocean Springs had received the following awards from the Mississippi Main Street Association.

Public Street Signage – for sandblasted signs at the City Hall complex and on Washington Ave.

Outstanding Public-Private Partnership – for the City of Ocean Springs, HOSA, Walter Anderson Museum of Art, Ocean Springs Chamber of Commerce and Ocean Springs Main Street

Best Festival – for the Urban Music Fest

Alderman McKay announced that a solution had been reached regarding the Butterfly garden in the Little Children’s Park and read aloud the following statements.

(Butterfly Garden Agreement)

The Police Chief reported he and the City Planner had reviewed the types of pedestrian warning systems for Hanshaw Rd. and recommended the City purchase a manually activated device.

Motion by McKay, seconded by Cody, to move forward with a manual pedestrian warning system for Hanshaw Rd. as recommended by the Police Chief and City Planner.

VOTING AYE ALL

VOTING NAY NONE

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

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

VOTING AYE ALL

VOTING NAY NONE

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

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

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Cody, seconded by Jalanivich, to approve item l of the Consent Agenda:

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

VOTING NAY Alderman Garrard

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

Motion by McKay, seconded by Gill, that the Mayor, City Attorney, City Clerk, and any interested Aldermen be allowed to attend the MML Mid-Winter Conference in Jackson on January 19-20, 2000, and to prepay the necessary registration fees and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, that Moran, Seymour & Associates be authorized to contact Ware Lind Furlow to test bore streets in Beverly Place Subdivision, Phases I and II, at a cost of $3,000.00 plus testing laboratory costs and to also test the concrete for PSI strength.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by McDonnell, to authorize the contractor repairing sidewalks on Washington Ave. to repair street panels in Magnolia Bayou and Bienville Place Subdivisions at the same unit prices specified in their sidewalk bid.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to require that all subdivision warranties become effective the date the subdivision plat is recorded in the Chancery Clerk’s office and that the necessary steps be taken to amend the Subdivision Regulations accordingly.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Garrard, to require that a vicinity map be shown on preliminary subdivision plats.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Garrard, that the new requirements regarding subdivision warranties and vicinity maps be effective immediately until the ordinance changes are effective.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Review Section members of the Zoning and Adjustment Board present were Richard Schmidt, Angela Sanders, David LaPointe and Marshall Johnson. Ray Heddings was absent.

(Rhodes Documents)

Motion by McDonnell, seconded by Cody, to accept the Zoning and Adjustment Board’s recommendation to grant a 20% height variance to Keith Rhodes at 242 Lovers Lane.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Member Heddings

(Hughes Documents)

Motion by Jalanivich, seconded by Cosper, to accept the Zoning and Adjustment Board’s recommendation to grant Cynthia Hughes front, side and rear yard variances of up to 20% at 607 Azalea Lane due to the exceptionally narrow and shallow layout of the lot.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Member Heddings

Motion by Garrard, seconded by Jalanivich, to adjourn as the full Zoning and Adjustment Board and to 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

Motion by McDonnell, seconded by McKay, to accept the Historic Preservation Design Guidelines as presented by the Historic Preservation Commission.

VOTING AYE ALL

VOTING NAY NONE

(Singing River EPA Lighting Recommendations)

Motion by Gill, seconded by Jalanivich, to accept Singing River EPA’s lighting recommendation for two 400 watt street lights at the intersection of Highway 90 and Ocean Springs/Vancleave Rd. at a cost of $17.94 each.

VOTING AYE ALL

VOTING NAY NONE

(Land Clearing)

Motion by Garrard, seconded by Jalanivich, that the City Engineer and Public Works Director perform a preliminary walk-through of the Park Commission property on Alice Street for an assessment and report back to the Board.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman McKay

(Tennis Courts)

Motion by Jalanivich, seconded by Garrard, to accept the Park Superintendent’s recommendation to award the bid for Fencing and Installation at Halstead Tennis Courts to Gulf Coast Fence Co. in the amount of $11,562.00 for the reasons outlined in her memo of November 10, 1999.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman McKay

Motion by Cosper, seconded by Garrard, to accept the Park Superintendent’s verbal recommendation to award the bid for Tennis Court Resurfacing at Halstead Tennis Courts to Peebles Construction Co. in the amount of $9,500.00.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman McKay

(Request for Ordinance Prohibiting Glass Containers in City Parks)

Motion by Jalanivich, seconded by Garrard, to authorize the City Attorney to draft an ordinance prohibiting glass containers in City Parks and include a fine of $50.00 for violators.

VOTING AYE ALL

VOTING NAY NONE

(Ocean Springs Chamber of Commerce)

Motion by McDonnell, seconded by Gill, to release the first quarter funding in the amount of $8750.00 as budgeted for the Ocean Springs Chamber of Commerce from the FYE 2000 community promotion funds.

VOTING AYE ALL

VOTING NAY NONE

(Depot Restoration)

Motion by McDonnell, seconded by Gill, to release the $5,000.00 budgeted for the Ocean Springs Chamber of Commerce for the L & N Depot Restoration Project from the FYE 2000 community promotion funds.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

(WAMA Letter)

Motion by McDonnell, seconded by Cosper, to release the $10,000.00 budgeted for the Walter Anderson Museum of Art from the FYE 2000 community promotion funds.

VOTING AYE ALL

VOTING NAY NONE

(Furr COA)

Motion by Jalanivich, seconded by Garrard, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for Richard T. Furr at 1111 Bowen Ave.

VOTING AYE ALL

VOTING NAY NONE

(Dodds COA)

Motion by Jalanivich, seconded by McDonnell, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for Ross Dodds at 319 Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

(St. Alphonsus COA)

Motion by Garrard, seconded by McDonnell, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for St. Alphonsus Church at 502 Jackson Ave.

VOTING AYE ALL

VOTING NAY NONE

(Reeves COA)

Motion by Jalanivich, seconded by Cody, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for J. D. Reeves at 204 Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

(Bennett Documents – Lot Split)

Motion by Jalanivich, seconded by Cosper, to accept the Planning Commission’s recommendation to grant a lot split to Elmer Bennett for his property on Eagle Nest Rd., Lot 13 Yates, Davis & Barrentine Subdivision.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Jalanivich, to accept the Conveyance of Right-of-Way from Elmer F. Bennett.

VOTING AYE ALL

VOTING NAY NONE

(Magnolia State Development Group, LLC Documents)

Motion by Jalanivich, seconded by Cody, to accept the Planning Commission’s recommendation to grant Sketch Plat and Preliminary Plat approval to Park Place Subdivision.

VOTING AYE ALL

VOTING NAY NONE

(Wrigley Documents)

Motion by McKay, seconded by Gill, to accept the Planning Commission’s recommendation to approve Phase II of Highland Park Mobile Home Park.

VOTING AYE ALL

VOTING NAY NONE

(Tolar Documents)

Motion by Jalanivich, seconded by Cosper, to accept the Planning Commission’s recommendation to grant Sketch Plat approval to Mimosa Cove Subdivision.

VOTING AYE ALL

VOTING NAY NONE

(MS Power Letter – Street Lights)

Motion by Cody, seconded by Jalanivich, to accept option two of the recommendation from Mississippi Power Co. regarding the 100 and 200 blocks of Woodland Circle and install 100 Watt High Pressure Sodium lights on every other pole at a total cost of $74.68 per month.

VOTING AYE ALL

VOTING NAY NONE

(Ehrman Letter)

Motion by Garrard, seconded by Cody, to allow Diane Ehrman of the Health Research Institute (NIKKEN) to use the Senior Citizens Center on November 20, 1999, if available, and to waive the rental fee.

VOTING AYE ALL

VOTING NAY NONE

Cheri Hanemann of 305 Front Beach Dr. presented the Mayor and Board with brochures for garbage cans for the Little Children’s Park.

Linda Bradford of 261 Lovers Lane suggested the Little Children’s Park be placed under the City’s control.

An unidentified member of the audience suggested surveillance cameras be placed at the ball fields to reduce or eliminate vandalism.

(Lundy Documents)

Motion by McDonnell, seconded by Gill, to authorize the City Attorney to proceed with a preliminary determination as to the propriety of the City in vacating Lundy Ave.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to go into Closed Session to determine the necessity for an Executive Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss two matters of litigation, a matter of property purchase, and personnel matters regarding the Police Department and the Risk Manager, and to excuse the Clerk.

VOTING AYE ALL

VOTING NAY NONE

The Deputy City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss two matters of litigation, a matter of property purchase, and personnel matters regarding the Police Department and the Risk Manager.

After approximately 45 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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Date Date