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 October 19, 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 Tony Mattina presented a Hurricane Camille 30^th Anniversary memorial Commemorative to the City of Ocean Springs. He also presented a Commemorative to ED Hortsman of the Mississippi Vietnam Veterans Memorial Committee to be used as a fund raiser for the Memorial.

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

Approve Minutes of Regular Meeting of October 5, 1999, as presented

Approve Minutes of Recess Meeting of October 13, 1999, as presented

Accept Police Report and Police Reserve Report for September 1999 and pay stipend of $320.00

Accept Fire Report for September 1999

Allow Fire Fighters Nathaniel Wilson and Crispus B. Medley to attend the MS State Fire Academy in Jackson on the dates requested by the Fire Chief and prepay any necessary registration fee and pay all other reasonable and actual expenses:

(Fire Travel)

Accept Fire Chief’s recommendation to accept the resignations of Fire Fighters Robert L. Goldsmith and Kevin L. Sharpe and allow him to begin the process to fill the vacancies:

(Resignations)

Accept Fire Chief’s recommendation to hire David Ray Fisher as Fire Fighter at Band 4/Step 1 ($20,940.00) of the salary scale and place him on 12 months probation:

(Fisher Hire Letter)

Accept City Engineer’s recommendation to approve Pay Request No. 1 from Kappa Development & General Contracting, Inc. in the amount of $44,809.00 for federal work items regarding the Government St. Improvement Project:

(Pay Request)

Accept City Engineer’s recommendation to award the bid for Colmer, Stennis, Eastland Drainage Improvements to T.C.B. Construction, as the lowest bidder, in the total amount of $125,680.00:

(Drainage Bid Award)

Allow James Tonner, John Spicer and Jerry McDaniel to attend the Sewer Cleaner Technical Training School sponsored by Covington Sales & Service, Inc. in Denham Springs, LA, on November 9-10, 1999, and prepay the fee of $200.00 per person and pay all other reasonable and actual expenses

Accept Public Works Director’s recommendation to promote Gerald Groue to the position of Asst. Water Supervisor at Band 6/Step 1 ($13.08) of the salary scale and place him on six months probation:

(Groue Promotion Letter)

Accept Public Works Director’s recommendation to authorize the City Clerk to advertise for bids, or to purchase from state contract, the following items: (1) Backhoe, (2) 60KW Generators, (1) 1 Mini Excavator w/attachments, (3) ¾ Ton Trucks, (1) 1 Ton Crew Cab Truck and (1) 8 yd. Dump Truck:

(PW Bid Items)

Allow Planning Commissioners to attend the Planning Commissioner Training Session at the MS Chapter of the American Planning Association Meeting in Jackson on November 4-5, 1999, and pay prepay the registration fee of $25.00 each and pay all other reasonable and actual expenses

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 2 ($292.00) from MLH, Inc. for City Hall Gutters and Downspouts:

(Gutter Pay Request)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 2 ($2,331.55) from MLH, Inc. for Ocean Springs City Court Room:

(Courtroom Pay Request)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 2 ($17,426.70) from J. O. Collins Contractor, Inc. for Ocean Springs Civic Center Repairs:

(Civic Center Pay Request)

Pay City Attorney’s bill for September 1999 in the amount of $2,310.72

Accept Action Report

Approve Docket of Claims and spread Docket Summary upon the minutes:

(Claims Docket)

Items a and i were removed from the Consent Agenda for further consideration.

Motion by McKay, seconded by Cody, to approve the Consent Agenda, excluding items a and i.

VOTING AYE ALL

VOTING NAY NONE

(Additional Surplus Items)

Motion by Garrard, seconded by McDonnell, to accept the Asst. Police Chief’s recommendation to declare items outlined in his memo of October 15, 1999, as surplus and of no value to the city and authorize them to be auctioned at the Jackson County auction on November 6, 1999.

VOTING AYE ALL

VOTING NAY NONE

At this time discussion was held regarding item a of the Consent Agenda. The minutes of the October 5, 1999, Regular Meeting were corrected as follows:

Minute Book 27, Page 320 – the Domestic Violence Prevention Month proclamation was presented by Mayor Ainsworth to Jane Philo.

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

Motion by McDonnell, seconded by Cody, to accept the recommendation of the City Engineer regarding item i of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

(Downtown Master Plan – Trees)

Motion by Cosper, seconded by Cody, to accept the recommendations from the City Engineer and Mississippi State University Extension Service regarding tree trimming, fertilization and soil replacement for trees on Bechtel Blvd., Porter Ave. and in the Downtown area.

VOTING AYE ALL

VOTING NAY NONE

(PWD Letter re: Hire, Resignation, Transfer)

Motion by Garrard, seconded by Cody, to accept the Public Works Director’s letter of October 18, 1999, regarding personnel changes.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by McDonnell, to approve the Minutes of the Regular Meeting of October 5, 1999, as corrected earlier.

VOTING AYE ALL

VOTING NAY NONE

The Building Official submitted the following report regarding the construction at 242 Lovers Lane and advised the Board that the State of Mississippi concurred with the recommendations.

(Documents re: 242 Lovers Lane)

Alvin Baker of 240 Lovers Lane made a statement and presented photos to the Mayor and Board of the construction.

J. L. Smith of 244 Lovers Lane requested an opportunity to review the documents submitted and requested a meeting with the Board regarding the subject.

Motion by Garrard, seconded by Cody, to hold the Park Superintendent’s items over until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to hold the 2000 CDBG proposals over until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McKay, to table the Historic Preservation Design Guidelines and schedule a work session with the Historic Preservation Commission to explore the idea of abolishing the historic districts and designating buildings only.

VOTING AYE ALL

VOTING NAY NONE

(St. Paul’s COA)

Motion by McDonnell, seconded by Cosper, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for St. Paul’s United Methodist Church at 706, 708 and 710 Porter Ave.

VOTING AYE ALL

VOTING NAY NONE

(Hanneman COA)

Motion by McDonnell, seconded by Garrard, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for Carl and Cheri Hanneman at 305 Front Beach Dr.

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

VOTING NAY Alderman Jalanivich

(Woods COA)

Motion by Garrard, seconded by McDonnell, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for Donald Woods at 1208 Bowen Ave.

VOTING AYE ALL

VOTING NAY NONE

At this time Aldermen Garrard excused himself from the table and discussion regarding his application for COA at 1111 I’berville Dr.

(Garrard COA)

Motion by McDonnell, seconded by Jalanivich, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for Joseph Garrard, II, at 1111 I’berville Dr. and spread upon the minutes the attached letter regarding the circumstances of his COA.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Garrard

Motion by McKay, seconded by Cosper, to find Joseph B. Garrard, II, the penalty of twice the amount of the building permit for 1111 I’berville Dr., based upon the recommendation of the Building Official.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Garrard

Alderman Garrard returned to the table at this time.

(Moran Documents)

Motion by McDonnell, seconded by Cosper, to reject the Planning Commission’s recommendation to grant a lot split to Mrs. J. Duncan Moran for her property at 405 Cleveland Ave.

The Mayor allowed limited discussion from the audience regarding this matter. Fred Moran voiced opposition to the proposed lot split because he felt the lots would not meet the 100 ft. frontage required in an R-1 zone. He submitted a petition from Cleveland Ave. property owners opposing the lot split. Shannon Moran reminded the Board that she had been granted a 20% lot width variance and was in compliance with the zoning regulations.

After hearing from both sides, the question was called and the vote on the above motion was as follows:

VOTING AYE Aldermen McDonnell, Cody, Cosper and Gill

VOTING NAY Aldermen Jalanivich, Garrard and McKay

(Petition)

Motion by McDonnell, seconded by Garrard, to accept the petition submitted by Fred Moran and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

(Jackson Co. CASA Letter)

Motion by McKay, seconded by McDonnell, to approve the release of the $5,000.00 budged in FYE 2000 for Jackson County C.A.S.A., Inc.

VOTING AYE ALL

VOTING NAY NONE

(Kemp Associates, P.A. Proposal)

Motion by McKay, seconded by Jalanivich, to hold over the proposal for impact fee consulting services to the next meeting to allow the City Clerk an opportunity to determine where funds would be available.

VOTING AYE ALL

VOTING NAY NONE

(VFW Letter)

Motion by Gill, seconded by Cody, to allow the VFW Post 5699 to use the Civic Center on January 29, 2000, if available, and to waive the rental fee.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Garrard, to authorize the Mayor and City Planner to attend the Partners in Planning Conference in Biloxi on November 17, 1999, at no cost to the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to authorize the Mayor to obtain an appraisal on the property between Handy Ave. and General Pershing as a possible site for a new water tower.

VOTING AYE ALL

VOTING NAY NONE

(Municipal Compliance Questionnaire FYE 1999)

Motion by Gill, seconded by Cody, to accept the Municipal Compliance Questionnaire for FYE 1999.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by McDonnell, seconded by Jalanivich, to allocate $10,000.00 for paving CCC Camp Rd., $26,000.00 for paving the Greyhound Stadium parking lot, and to divide $240,000.00 equally between the Aldermen and Mayor, for a total of $30,000.00 each for paving projects.

VOTING AYE ALL

VOTING NAY NONE

(Elks’ Youth Fishing Rodeo Letter)

Motion by Jalanivich, seconded by McKay, to honor the request of the Ocean Springs Elks Lodge for $1,000.00 from the community promotion funds for advertising and promotional expenses associated with the Fall Kids Fishing Tournament to be held on November 13, 1999.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by McDonnell, to authorize the Mayor to contact the Department of Marine Resources to report damaged private piers in the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by McDonnell, to cancel the port-a-lets on Front Beach, but continue the one at the harbor.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Garrard, top accept Alderman Jalanivich’s resignation from the Mary C. O’Keefe building committee.

VOTING AYE ALL

VOTING NAY NONE

(Chamber Letter)

Motion by Garrard, seconded by McDonnell, to approve the street closing for the Peter Anderson Arts Festival as requested by the Ocean Springs Chamber of Commerce.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Jalanivich, to open the 1976 time capsule as scheduled on October 22, 1999, and place the items back in the time capsule for reopening at a future date.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by McDonnell, to go into Executive Session to discuss a matter of possible litigation and a personnel matter in the Community Development and Planning Dept., and to excuse the City 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 a matter of possible litigation and a personnel matter in the Community Development and Planning Dept.

After approximately 20 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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