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 January 17, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

(Election Certification Documents)

Motion by Cody, seconded by Garrard, to accept the Certificate of Election for the February 15, 2000, Special Election and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

At this time Municipal Judge Matthew Mestayer administered the Oath of Office to the newly elected Alderman of Ward 5, Greg Denyer. Alderman Denyer joined the rest of the Board and voted on all matters unless otherwise indicated.

Mayor Ainsworth read aloud the following letter from District 5 Supervisor John McKay and requested it be spread upon the minutes.

(McKay Letter)

Motion by Jalanivich, seconded by McDonnell, to accept the letter from District 5 Supervisor John McKay and spread it upon the minutes.

VOTINGAYE ALL

VOTING NAY NONE

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

Approve Minutes of Regular Meeting of February 1, 2000

Allow Police Chief to fill the position of Secretary/Clerk in the Police Dept. as budgeted in FYE 2000:

(New Position)

Accept Police Chief’s recommendation to hire John Douglas Flowers as Patrol Officer at Band 4/Step 1 of the salary scale, contingent upon successful completion of all pre-employment requirements, and place him on 12 months probation:

(Flowers Hire Letter)

Allow Det. Lt. Ray Akins and Ptn. Fred Paetow to attend Basic Crime Scene School in Hattiesburg on February 28-March 3, 2000, and pay all reasonable and actual expenses

Accept Police Chief’s recommendation to accept Charles Saunders, James Knowles and Mark Leitch as Police Reservists for the City of Ocean Springs:

(Reservists Letter)

Accept Police Chief’s recommendation to place Dispatcher Teresa Saunders and Animal Control Officer Susan Davis on permanent employee status with the City of Ocean Springs:

(Saunders Permanent Letter)

Allow Fire Chief to attend the National Hurricane Conference in New Orleans on April 17-21, 2000, and prepay the $250.00 registration fee and pay all other reasonable and actual expenses

Allow Asst. Fire Chief to attend Mississippi Association of Public Fire Safety Educators annual meeting in Canton, MS, on April 28-30, 2000, and prepay the $45.00 course fee and pay all other reasonable and actual expenses

Accept Fire Report and Volunteer Fire Report for January 2000

Accept City Engineer’s recommendation to approve Pay Request No. 1 from Doleac Electric Co., Inc. ($13,427.10) regarding Lighting for Halstead Rd. Tennis Court Improvements:

(Doleac Invoice)

Accept Public Works Director’s recommendation to pay the invoice from Graham Construction Co., Inc. ($2,084.40) for retainage regarding the sewer rehabilitation work on Kensington Ave.:

(Graham Invoice)

Accept Public Works Director’s recommendation to approve the hire of Abraham Baggett, Sr. as Street Dept. Laborer at Band 1/Step 1 ($6.87) and place him on six months probation:

(Baggett Hire Letter)

Accept Public Works Director’s recommendation to allow him to advertise in-house for Equipment Operator at Band 3/Step 1 ($8.85):

(Equipment Operator Letter)

Accept Building Report for January 2000

Allow Risk Manager to attend "Effective Employee Orientation Program" workshop in Biloxi on April 14, 2000, and prepay the $195.00 registration fee and pay all other reasonable and actual expenses

Approve the Agreement with Hamilton and Loveless, Inc. regarding drainage and streets in Beverly Place Subdivision, Phases I and II, and spread it upon the minutes:

(Hamilton & Loveless Agreement)

Pay City Attorney’s bill ($400.00) for services rendered regarding the discontinued $125,000.00 Negotiable Notes for purchase of land for police facility

Pay City Attorney’s bill ($288.99) for travel expenses regarding the 2000 Mid-Winter Municipal Association Seminar

Pay City Attorney’s bill ($3,714.89) for January 2000

Accept Action Report

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

(Docket Summary)

Items b and q were removed from the Consent Agenda for further consideration.

Motion by Garrard, seconded by Cody, to approve the Consent Agenda, excluding items b and q.

VOTING AYE ALL

VOTING NAY NONE

(Killebrew Resignation)

Motion by Cody, seconded by Jalanivich, to accept the Police Chief’s recommendation to accept the resignation of Lt. Richard Killebrew, effective February 27, 2000, and allow him to fill the vacancy immediately.

VOTING AYE ALL

VOTING NAY NONE

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

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

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

VOTING NAY Aldermen Garrard and Cosper

(FYE 2000 Budget Amendment)

Motion by Cody, seconded by Garrard, to accept the City Clerk’s recommendation to adopt the correction to the Amended Budget for FYE 2000 as presented.

VOTING AYE ALL

VOTING NAY NONE

At this time the Mayor opened the floor for public comment regarding the City’s intent to obtain a CAP Loan for water system improvements. The City Clerk reported she had received no written or oral comments regarding the proposed loan. No one in the audience addressed the issue and the matter was closed.

Motion by Cody, seconded by Jalanivich, to authorize and approve the CAP Loan from the Mississippi Department of Economic and Community Development and to authorize the Mayor to sign any documents necessary to obtain the loan.

VOTING AYE ALL

VOTING NAY NONE

(Civic Center Change Order)

Motion by Gill, seconded by Cody, to accept Architect Carl Germany’s recommendation to approve Change Order No. 3 regarding the Ocean Springs Civic Center in the total amount of $11,045.00 with an extension of the contract time to March 15, 2000, and to authorize the City Clerk to amend the FYE 2000 Budget as necessary to pay for said change order.

VOTING AYE ALL

VOTING NAY NONE

(Resolution re: DWSIRLF Loan)

Motion by Garrard, seconded by Jalanivich, to adopt the above and foregoing Resolution and authorize the Mayor to sign any necessary documents.

VOTING AYE ALL

VOTING NAY NONE

Alderman Gill announced that the City had received a permit from the Corp of Engineers to dredge Davis Bayou and offered the following motion.

Motion by Gill, seconded by Cody, to authorize the City Clerk to advertise for bids for the dredging of Davis Bayou in accordance with the specifications provided by the City Engineer.

VOTING AYE ALL

VOTING NAY NONE

(Tiblier Bros. Invoice)

Motion by Jalanivich, seconded by McDonnell, to accept the Public Works Director’s recommendation to pay the invoice from Tiblier Brothers Construction in the amount of $6,150.00 for completion of two of the three public works buildings being constructed.

VOTING AYE ALL

VOTING NAY NONE

(Twin L Invoice)

Motion by Jalanivich, seconded by McDonnell, to accept the Public Works Director’s recommendation to pay the invoice from Twin L Construction in the net amount of $24,765.75 for sidewalk restoration covering the east side of Washington Ave., Halstead Rd., Government St. and Bechtel Blvd.

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by Jalanivich, that the Public Works Director be authorized to have 4 large and 6 small pine trees on the Civic Center grounds removed and that a plan for replanting be developed by the City’s landscape architect.

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Minority and Women business enterprises re: 2000 CDBG Program)

Motion by Garrard, seconded by Gill, to adopt the above and foregoing Resolution.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Garrard, to authorize the Mayor, any Board Members and any Department Heads interested to attend the Economic Opportunities and Conservation Success seminar in Gulfport on March 23-24, 2000, and prepay the necessary registration fee and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

(Rental Facilities Policy)

Motion by Jalanivich, seconded by Gill, to adopt the new rental facility fees as presented.

VOTING AYE ALL

VOTING NAY NONE

(Scharr COA Extension)

Motion by Jalanivich, seconded by Cody, to accept the Historic Preservation Commission’s recommendation to grant a one year extension of the Certificate of Appropriateness for Donald Scharr at 108 Shearwater Dr.

VOTING AYE ALL

VOTING NAY NONE

(Roberts COA)

Motion by Jalanivich, seconded by Garrard, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for Dr. and Mrs. C. H. Roberts at 1201 Sunset Ave.

VOTING AYE ALL

VOTING NAY NONE

(Attaya COA)

Motion by Garrard, seconded by Jalanivich, to accept the Historic Preservation Commission’s recommendation with regard to the Certificate of Appropriateness for Sara P. Attaya at 422 Martin Ave.

VOTING AYE ALL

VOTING NAY NONE

The Mayor reported that Sharon Meyers of Green Cedar LTD. had called and asked that their request for rezoning be removed from the agenda.

(OS High Drama Club Letter)

Motion by Cosper, seconded by Jalanivich, to allow the Ocean Springs High School Drama Club to use the Civic Center on February 25, 2000, if available, and to waive the rental fee.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by Jalanivich, to provide $1,000.00 to the Ocean Springs High School Drama Dept. for community promotion and decrease the amount allocated in the FYE 2000 community promotion budget for athletics and HOSA by $500.00 each.

VOTING AYE ALL

VOTING NAY NONE

(Park Commission Budget Amendment)

Motion by Jalanivich, seconded by Gill, to adopt the Park Commission’s budget amendment for FYE 2000 as presented.

VOTING AYE ALL

VOTING NAY NONE

Charlie Carr expressed his displeasure with the City’s Landscape Ordinance. He opined that it placed a financial burden on the small businessman and felt it created interference with adjacent property owners in commercial zoned areas.

(Chiles Sewer Expansion Letter)

Motion by Jalanivich, seconded by Garrard, to accept Richard Chiles’ offer of $4,500.00 for installation of an 8" gravity sewer line to connect to his properties on Ocean Springs/Vancleave Rd. and to authorize the Public Works Director to proceed with the project.

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

VOTING NAY Alderman Cosper

Mike Burns of the Ocean Springs Little League reported that the league had conflicts with the Park Commission’s field lease agreement and that they would not agree sign it as it was written. He advised the Board that little league tryouts were scheduled for the upcoming Saturday, but that the League could not use the fields because the agreement was not signed. The Mayor and Board suggested the Park Commission and the Little League Association get together to work things out, at least on a temporary basis, as the Mayor and Board had no control over the Park Commission. Representative of the Park Commission and the League expressed their willingness working things out.

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

Motion by Garrard, seconded by Jalanivich, to pay the Pay City Attorney’s bill in the corrected amount of $320.00 for services rendered regarding the discontinued $125,000.00 Negotiable Notes for the purchase of land for a police facility.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Garrard, that the City Attorney be allowed to work with the Mayor and Police Chief regarding the proposal from SunCom (a division of AT&T) for placement of an additional antenna on the City’s water tower.

VOTING AYE ALL

VOTING NAY NONE

The City Attorney reported that the State Appellant Court had ruled in the City’s favor on the appeal regarding the Ocean Springs Yacht Club pier extension.

(Thibeault Documents – 1200 Nelson Dr. – Building Code Violations)

Beverly Thibeault told the Board that a building permit had been issued for construction of the accessory building and was later told while the building was in construction that the permit was issued in error. She stated she and her husband were trying to comply with the ordinance. She was advised to submit a plan of the finished product to the Building Official for approval or disapproval.

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to go into Executive Session to discuss personnel matters 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 personnel matters in the Community Development and Planning Dept.

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

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

VOTING AYE ALL

VOTING NAY NONE

(MS Power Letter)

Motion by Jalanivich, seconded by Cody, to accept the recommendation of Mississippi Power Co. to install three additional street lights on Havard Rd.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McDonnell, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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