A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Pro Tem Jalanivich at 7:00 p.m. on April 18, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Garrard, McDonnell, Cody, Cosper and Gill, and Deputy City Clerk Diane Minter. City Attorney Oscar Jordan and City Clerk Adrienne Howell were absent. Mayor Ainsworth and Alderman Denyer were temporarily absent. Mayor Pro Tem Jalanivich did not vote on any issues while chairing the meeting unless otherwise indicated.

Alderman Cody gave the Invocation.

Mayor Pro Tem Jalanivich led the Pledge of Allegiance.

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

Approve Minutes of Regular Meeting of April 4, 2000, as presented

Allow Det. Lts. Louis Miller and Ray Akins to attend the Victims of Crime: Medicolegal Investigation of Death course in Hattiesburg on May 22-26, 2000, and prepay the $150.00 per office registration fee and pay all other reasonable and actual expenses

Allow Ptn. Steve Futral to attend the Operational Skills for Law Enforcement class in Meridian on May 15-19, 2000, and pay all reasonable and actual expenses

Accept Police Chief’s recommendation to approve the agreement with Tritel Communications regarding Option/Lease Agreement for 150’ Monopole at Police Department and authorize the Police Chief to sign said agreement on behalf of the City:

(Tritel Agreement)

Accept Fire Report for March 2000

Accept Fire Chief’s recommendation to hire the following applicants as Fire Fighters, contingent upon successful completion of all pre-employment requirements, and place them on 12 months probation: Eric T. Smith – Band 4/Step 1 ($20,940.00); Jerry M. Worzella – Band 4/Step 2 ($22,020.00); and Richard T. Mays – Band 4/Step 2 ($22,020.00):

(Hire Letter)

Accept Fire Chief’s recommendation to declare the turnout gear used by Fire Fighter Jolene Hammons as surplus and of no value to the City, and allow it to be sold at the reduced rate of $533.50 to the Jackson County Fire District:

(Turnout Gear Letter)

Accept City Clerk’s recommendation to accept the sole source proposal from Municipal Code Corporation for codification of 1999 ordinances at a total approximate cost of $1,354.50:

(Municipal Code Proposal)

Accept Real and Personal Property Assessment Changes for March 2000:

(Assessment Changes)

Allow City Clerk to join the Mississippi City County Management Association and attend the annual conference in Canton, MS, on April 27-28, 2000, prepay the $20.00 membership dues and $85.00 registration fee, and pay all other reasonable and actual expenses

Accept City Clerk’s recommendation to approve the Hold Harmless Agreement regarding repeater system to be located on Ocean Springs School District Property and authorize the Mayor to sign said agreement on behalf of the City:

(School Hold Harmless Agreement)

Accept City Clerk’s recommendation to adopt the FYE 2000 Budget Amendment for the Tobacco Fund as requested by the Police Chief:

(Budget Amendment)

Accept City Clerk’s recommendation to adopt the FYE 2000 Budget Amendment to establish a Tourism Fund in accordance with House Bill 1836, more commonly known as the "Hotel Tax" bill, and to adopt and publish the Public Notice as required:

(Budget Amendment)

Accept City Clerk’s recommendation to adopt the Resolution voiding the 1999 Tax Sale of parcel no. 61011032.000 and refund the purchaser the amount paid at said sale:

(Resolution Voiding Tax Sale)

Accept City Engineer’s recommendation to approve pay request no. 3 from Doleac Electric Co., Inc. ($19,562.40) for Lighting for Halstead Rd. Tennis Court Improvements:

(Doleac Invoice)

Accept City Engineer’s recommendation to award bid for Davis Bayou Drainage Improvements to Bobby Lambert Excavation in the amount of $87,450.85:

(Davis Bayou Dredging Bids)

Accept Public Works Director’s recommendation to award bi-annual bids for fencing to D & D Fence of Ocean Springs at the unit prices specified in their bid:

(Bid Awards)

Accept Public Works Director’s recommendation to pay the two invoices from Twin L Construction, Inc. in the total amount of $49,758.99 for city-wide sidewalk and street panel restoration:

(Twin L Invoice)

Accept Public Works Director’s recommendation to pay the invoice from Graham Construction Co., Inc. ($32,516.55) for sewer line repairs on Colmer, Stennis and Eastland:

(Graham Invoice)

Accept Public Works Director’s recommendation to approve the hire of John M. Bosarge as Street Dept. Laborer, effective April 10, 2000, at Band 1/Step 1 of the salary scale ($6.87) and place him on six months probation:

(Bosarge Hire Letter)

Accept Public Works Director’s recommendation to employ up to six temporary workers for the summer at the rate of $5.50 per hour:

(Temporary Hire Letter)

Accept Building Report for March 2000

Accept 1999 K30FKD Limited Edition Innsbruck Travel Trailer donated to Ocean Springs Civil Defense by the Mississippi Emergency Management Agency:

(Donated Travel Trailer)

Accept Architect Carl Germany’s recommendation to approve application for payment no. 4 from J. O. Collins Contractor, Inc. ($8,095.00) regarding the Ocean Springs Civic Center project:

(JO Collins Invoice)

Accept Architect Carl Germany’s recommendation to approve Change Order No. 5 ($4,950.00) regarding the Ocean Springs Civic Center project:

(Civic Center Change Order)

Pay City Attorney’s bill for March 2000 ($2,360.00)

Accept City Attorney’s recommendation to approve the Damage Release with Qwest Communications regarding the location of fiber optic line in the railroad right-of-way and authorize the Mayor to execute said release on behalf of the City

Accept City Attorney’s recommendation to accept the proposal from Jerry R. Wallace for annexation consultation and authorize the Mayor to sign said proposal on behalf of the City:

(Wallace Proposal)

Accept City Attorney’s recommendation to accept the Second Addendum to Option to Purchase Real Property with James N. Potuk and Charles L. Anderson and authorize the Mayor to sign said document on behalf of the City:

(Option to Purchase)

Accept Action Report

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

(Docket Summary)

Items g, aa and bb were removed from the Consent Agenda for further consideration.

Motion by Garrard, seconded by Gill, to approve the Consent Agenda, excluding items g, aa and bb.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Denyer

At this time A. C. Weeks presented the following letter and requested the City give the Mississippi Council of the USO a $10,000.00 contribution to assist them in paying off the $100,000.00 loan used to build the USO facility at Naval Station Pascagoula.

(Letter – A.C. Weeks – Funding for USO Facility)

Motion by Gill, seconded by Cody, to support the USO facility at Naval Station Pascagoula and to review the budget to determine if the $10,000.00 in requested funds were available.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Denyer

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

Motion by McDonnell, seconded by Cody, to table item g of the Consent Agenda until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

The FYE 1999 audit presentation was tabled until the next meeting.

Motion by Cody, seconded by Cosper, to pay the $114.00 invoice from the Postmaster for the Water Department’s annual post office box rental fee (box 1890).

VOTING AYE ALL

VOTING NAY NONE

(Davis Bayou Dredging Letter – extra expenses)

Motion by Denyer, seconded by Gill, to accept the City Engineer’s letter regarding expenses for the Davis Bayou Drainage Improvements and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Pro Tem Jalanivich opened the lot cleaning hearing regarding the property located on the south side of 511 Magnolia Ave., parcel no. 61011032.000. Neither the property owner nor a representative was present for the hearing. Alderman McDonnell reported that he had been contacted by the owner’s sister, Marybeth Welch, who stated she would attempt to have the lot cleaned within 30 days. The hearing was declared closed and the following motion was made:

Motion by McDonnell, seconded by Gill, to delay action regarding the cleaning of the property on the south side of 511 Magnolia Ave., parcel no. 61011032.000, until the second meeting in May 2000.

VOTING AYE ALL

VOTING NAY NONE

(Singing River EPA Letter)

Motion by Gill, seconded by Cody, to accept and implement the street lighting recommendation from Singing River E.P.A. regarding the Highway 90 frontage road from Twin Pines to Oakleigh.

VOTING AYE ALL

VOTING NAY NONE

(1699 Letter)

Motion by McDonnell, seconded by Garrard, to release the $2,500.00 budgeted for the 1699 Historical Committee for community promotion during the annual Landing of d’Iberville event on April 28-30, 2000.

VOTING AYE ALL

VOTING NAY NONE

Alderman McDonnell read the following statement regarding criteria for the use of revenue received from the Hotel/Motel Tax:

(McDonnell Statement)

Motion by McDonnell, seconded by Cody, to establish the following criteria for the utilization of the hotel/motel tax funds: (1) projects must address specific tourism related needs that will increase occupancy in our motels and bed & breakfasts; (2) projects must include a plan for implementation; (3) projects must include a budget; and (4) projects must include a timeline for completion, and to establish a method for notifying the public of the criteria, including formal advertising if necessary.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth recognized District 5 Supervisor John McKay. Supervisor McKay reported that the Jackson County Board of Supervisors had approved the purchase and transportation of sand for Front Beach, but were awaiting a permit from the Department of Environmental Quality or the Bureau of Marine Resources. He requested the City’s assistance with spreading the sand. Alderman Jalanivich thanked the Board of Supervisors for their swift action. Alderman McDonnell requested some sort of maintenance program be established for the beach.

Motion by Gill, seconded by Jalanivich, to utilize the Police Department as necessary for traffic control during the replenishment of Front Beach.

VOTING AYE ALL

VOTING NAY NONE

(Harvey COA)

Motion by Garrard, seconded by Cody, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Chester Harvey at 1108 I’berville Dr.

VOTING AYE ALL

VOTING NAY NONE

(Harvey COA penalty)

Motion by Cosper, seconded by Jalanivich, to assess a penalty of $300.00 to Chester Harvey for construction of a privacy fence at 1108 I’berville Dr. without first obtaining a Certificate of Appropriateness.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Garrard

(Aimee’ COA)

Motion by Jalanivich, seconded by Cosper, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Pamela Boudoin Aimee’ at 900 Robinson Ave.

VOTING AYE ALL

VOTING NAY NONE

(Burrows COA)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for Dan Burrows at 209 Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

(Randall Wrigley – Re-Subdivision of Lots 1 and 2, Lake View Subdivision – SPA)

Motion by Gill, seconded by Garrard, to accept the Planning Commission’s recommendation to grant approval for the re-subdivision of Lots 1 and 2, Lake View Subdivision Phase I.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

(Lu Cao – Special Use Permit – Ham Radio Antenna)

Motion by Cosper, seconded by Jalanivich, to accept the Planning Commission’s recommendation to grant a special use permit to Lu Cao for installation of a HAM radio antenna at 4001 Belle Terre Court, provided it does not interfere with television or radio reception of any kind and no complaints to that effect are received.

VOTING AYE ALL

VOTING NAY NONE

(Super Walmart – Final Plat)

Motion by Jalanivich, seconded by Cody, to accept the Planning Commission’s recommendation to grant Final Plat Approval to Super Wal-mart Store No. 1346, contingent upon compliance with all requirements set forth by the Planning Commission in their recommendation of April 12, 2000, and to insure that (1) the project complies with the abbreviated landscaping plan, (2) the total count of plants/trees is made to verify compliance, and (3) the dead trees located in the buffer zone are replaced with live trees and maintained for a period of two years.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to accept the resignation of Walt Dye from the Park Commission and to table the appointment until the May 2, 2000, meeting.

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Increase Matching Funds for 2000 CDBG Project)

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

VOTING AYE ALL

VOTING NAY NONE

Sandy Wallace of Deena Trace Subdivision presented the following petition and complained of numerous deficiencies in the subdivision.

(Petition)

Motion by Gill, seconded by McKay, to accept the petition submitted by Sandy Wallace and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

The owners of the Comfort Inn & Suites at 7827 Lamar Poole Rd. in Jackson County submitted the following letter and asked that the Mayor write a letter requesting the area be designated as a resort area so they could operate a hotel lounge in the area.

(Lounge Letter)

Motion by Gill, seconded by Cosper, that the City Attorney research the issue of designating the area as a resort area and report back to the Board with the ramifications it would have on the City.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Denyer to go into Executive Session to discuss a potential matter of litigation and a personnel matter in the Community Development and Planning Department, 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 a potential matter of litigation and a personnel matter in the Community Development and Planning Department.

After approximately 25 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to raise the salary of Michelle McClure to Band 3/Step 5 ($10.21 per hour).

VOTING AYE ALL

VOTING NAY NONE

After some consideration of item bb of the Consent Agenda, the following motion was made:

Motion by Gill, seconded by Jalanivich, to approve item bb of the Consent Agenda.

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

VOTING NAY Alderman Garrard

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

Motion by Cosper, seconded by Denyer, to table item aa of the Consent Agenda for two weeks until an evaluation can be made of how much damage was done.

VOTING AYE ALL

VOTING NAY NONE

(Germany’s Expenses)

Motion by Cody, seconded by Jalanivich, to pay the invoice submitted by Carl Germany for attending the Renovating Older Schools Workshop in Starkville, MS on February 29, 2000.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Gill, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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