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 June 20, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Garrard, Cody, Cosper, Denyer and Gill, City Attorney Oscar Jordan, City Clerk Adrienne Howell and Deputy City Clerk Diane Northrop. Mayor Ainsworth and Alderman McDonnell were absent. As Mayor Pro Tem Jalanivich chaired the meeting, he did not vote on any matters 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 June 6, 2000

Accept Police Chief’s recommendation to place Christina Carter and Carol Baldwin on permanent employee status:

(Carter & Baldwin Letter)

Accept Police Report for May 2000

Accept April and May 2000 Police Reserve Reports and pay stipends of $280.00 and $340.00

Accept Fire Chief’s recommendation to sign Diamond’s Fleet Service to an hourly contract for repairs and maintenance to fire apparatus as specified:

(Fleet Service Letter)

Accept Fire Chief’s recommendation to fill the position of Training Officer as created in the 1999-2000 budget

Allow Fire Chief and Lts. Emile, Ponson, Rogers, Webb and Wilson to attend Leadership II: Strategies for Personal Success course on July 15-16, 2000, at the West Jackson Co. Fire Dept. and prepay the registration fee of $25.00 each

Accept Fire Chief’s recommendation to approve purchase of ventilation fan and small ice making machine at approximate cost of $2,100.00:

(Fire Purchase Letter)

Approve Park Commission Budget Amendment for FYE 2000 as presented:

(Park Com. Budget)

Accept City Clerk’s recommendation to place Tax Clerk Jackie Thomas on permanent employee status, effective June 29, 2000:

(Thomas Permanent Letter)

Accept City Clerk’s recommendation to approve Budget Amendment for FYE 2000 and to adopt the Public Notice and publish as required:

(Budget Amendment)

Accept City Clerk’s recommendation to confirm and ratify her actions regarding payment of BFI Invoice ($24,701.22):

(BFI Invoice Info)

Accept City Engineer’s recommendation to approve Pay Request No. 1 from Pittsburg Tank and Tower Co. ($100,062.00) regarding the Civic Center water tank:

(Pittsburg Tank Invoice)

Accept City Engineer’s recommendation to approve Pay Request No. 8 (Federal Participating) from Kappa Development & General Contracting, Inc. ($60,244.00) regarding the Government St. Improvements Project and issue payment within three days of receipt of funds from the State:

(Kappa Invoice)

Accept City Engineer’s recommendation to approve Final Pay Request from Kappa Development & General Contracting, Inc. ($76,120.78) regarding Hwy 90 Industrial Park Drainage Improvement Project #98-282-ED-IF01:

(Kappa Invoice)

Accept City Engineer’s recommendation to approve Pay Request No. 1 from B.L. Excavation ($78,705.76) regarding Davis Bayou Drainage Improvements:

(BL Excavation Invoice)

Accept Public Works Director’s recommendation to revoke the term bids for Asphalt Laid in Place and Fencing and authorize the City Clerk to readvertise for term bids

Accept Public Works Director’s recommendation to pay invoice from Twin L Construction, Inc. ($7,794.59) for citywide sidewalk and street panel restoration:

(Twin L Invoice)

Accept Public Works Director’s recommendation to pay the two invoices from Twin L Construction, Inc. ($7,762.50 and $4,068.00) for citywide sidewalk and street panel restoration:

(Twin L Invoices)

Accept Public Works Director’s recommendation to approve the hire of David Nash as Sewer Dept. Laborer, effective June 19, 2000, at Band 1/Step 1 ($6.87) and place him on six months probation

Accept Public Works Director’s decision to terminate Marcus Lee, effective June 8, 2000:

(Lee Termination Letter)

Accept Building Official’s recommendation to remove the wood building behind the Ocean Springs Library:

(Removal of Bldg)

Accept Building Official’s recommendation to place the Asst. Building Official on Band 6/Step 3 of the salary scale ($14.45):

(Asst. Bld. Official Raise)

Authorize Mayor to execute Answer regarding Confirmation of Title Suit styled Mitchell vs. City of Ocean Springs, et al, Cause No. 2000-1340-PW

Accept City Attorney’s recommendation to approve Damage Release Agreement with Qwest Communications Corporation regarding Marshall Park and authorize Mayor to sign said agreement on behalf of the City:

(Damage Release re: Marshall Park)

Accept Architect Carl Germany’s recommendation to pay invoice from J. O. Collins Contractor, Inc. ($7,900.00) regarding Ocean Springs Civic Center improvements:

(J. O. Collins Invoice)

Pay City Attorney’s bill for May 2000 ($2,510.00)

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

(Docket Summary)

Item t was removed from the Consent Agenda, and items f, k, q and w were removed from the Consent Agenda for further consideration.

Motion by Cody, seconded by Garrard, to approve the Consent Agenda, excluding items f, k, q, t and w.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Garrard, seconded by Cosper, to allow Dispatcher Teresa Saunders to attend the APCO Dispatch Certification Training class in Gulfport on June 26-30, 2000, and to prepay the $139.00 registration fee and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

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

Motion by Cody, seconded by Gill, to approve item f of the Consent Agenda.

VOTING AYE Aldermen Cody, Cosper, Denyer and Gill

VOTING NAY Alderman Garrard

ABSENT AND NOT VOTING Alderman McDonnell

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

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

VOTING AYE Aldermen Cody, Denyer and Gill

VOTING NAY Aldermen Garrard and Cosper

ABSENT AND NOT VOTING Alderman McDonnell

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

(Asphalt Letter)

Motion by Cody, seconded by Garrard, to accept the Public Works Director’s recommendation to revoke the term bid for Asphalt Laid in Place and cancel the three purchases orders issued to Williams Paving Co. and authorize the City Clerk to readvertise for term bids.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Bennett & Savage Termination Letter)

Motion by Cody, seconded by Denyer, to ratify the actions of the Public Works Director regarding the dismissal of Kevin Bennett and Ronnie Savage.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Eriksen Hire Letter)

Motion by Garrard, seconded by Gill, to accept the Public Works Director’s recommendation to hire James Eriksen as Laborer in the Sewer Dept., effective June 26, 2000, at Band 1/Step 8 ($8.45) and place him on six months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(New Life Ministries Church Documents)

Motion by Cody, seconded by Gill, to accept the Building Official’s recommendation to allow New Life Ministries Church to occupy 805 N. Holcomb Blvd., which is in a commercial district.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Brumfield Documents – Fort Bayou Apartments)

Motion by Garrard, seconded by Cody, to accept the Building Official’s recommendation to issue a permit to Lee Brumfield of Brumfield Properties, Inc. for a one year extension and modification of the original permit from DMR to perform repairs and maintenance (move the bulkhead and add rip-rap) to the marina at 3230 Cumberland Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Highland Park Documents)

Motion by Cody, seconded by Garrard, to accept the Warranty Deed from The Randall Corporation of Mississippi as recreation impact fees for Highland Park, Lakeview and Autumn Ridge Subdivisions, and to authorize the release of the letters of credit for Lakeview and Autumn Ridge Subdivisions.

VOTING AYE Aldermen Garrard, Cody, Cosper and Gill

VOTING NAY Alderman Denyer

ABSENT AND NOT VOTING Alderman McDonnell

(Greenbriar S/D – SPA- Singleton Development Corp.)

Motion by Cosper, seconded by Cody, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Greenbriar Subdivision and grant a 31% variance on the length of the cul-de-sac, subject to approval from the Fire Chief and City Engineer.

VOTING AYE Aldermen Garrard, Cody, Cosper and Gill

VOTING NAY Alderman Denyer

ABSENT AND NOT VOTING Alderman McDonnell

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Garrard, seconded by Cody, to go into Executive Session to discuss two matters of litigation, one potential matter of litigation, and personnel matters in the Planning Dept. and Police Dept., and to excuse the Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

The Deputy City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss two matters of litigation, one potential matter of litigation, and personnel matters in the Planning Dept. and Police Dept.

After approximately 30 minutes, the Executive Session ended and the Regular Session was resumed.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

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

Motion by Cody, seconded by Gill, to approve item w of the Consent Agenda, contingent upon written approval by the Mayor.

VOTING AYE Aldermen Cody, Denyer and Gill

VOTING NAY Aldermen Garrard and Cosper

ABSENT AND NOT VOTING Alderman McDonnell

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

ABSENT AND NOT VOTING Alderman McDonnell

Members of the Review Section Committee present were Richard Schmidt, Ray Heddings and Marshall Johnson. Angela Sanders and David LaPointe were absent.

(Kennedy Documents)

Motion by Gill, seconded by Cody, to accept the recommendation of the Review Section Committee to grant Frank Kennedy a change of the front and side yard of Lot 85 Bienville Place Subdivision from a front yard on Cabildo Place to Chaumont Circle, contingent upon the address being changed accordingly.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Sanders and LaPointe and Alderman McDonnell

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

VOTING AYE ALL

VOITNG NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

ORDINANCE NO. 4 - 2000

AN AMENDMENT TO CODE OF ORDINANCES,

THE CITY OF OCEAN SPRINGS, MISSISSIPPI, DEFINING

THE SPEED LIMITS IN CERTAIN AREAS

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Cosper, seconded by Denyer, to authorize the Police Dept. to perform a traffic study to review the speed limits on Holcomb Blvd., Halstead Rd. and Shearwater Dr.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(McPhearson COA)

Motion by Cosper, seconded by Garrard, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for Richard and Ruth McPhearson at 508 Rayburn Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(St. John’s COA)

Motion by Cody, seconded by Cosper, to accept the Historic Preservation Commission’s recommendation regarding the Certificate of Appropriateness for St. John’s Episcopal Church at 705 Rayburn Ave.

VOTING AYE Aldermen Cody, Cosper, Denyer and Gill

VOTING NAY NONE

VOTING ABSTAINED Alderman Garrard

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Garrard, seconded by Gill, to authorize the Mayor to write a letter on behalf of the Board to ask if there is anything the Ocean Springs Postmaster can do to provide better service, predominantly longer hours and additional lock boxes, and if they can’t do that, to at least put more people in the window in the afternoons and on Saturday mornings.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(U12 Lady Hounds Letter)

Motion by Denyer, seconded by Gill, to provide $500.00 from FYE 2000 community promotion funds to the U12 Lady Hounds Softball Team for promoting and advertising the attributes and resources of the City of Ocean Springs at the state softball tournament in Meridian, MS, with the stipulation that documentation is provided back to the City Clerk on how the money was spent.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Mrs. Mississippi – Gilda Seymour – Jalanivich)

Motion by Cody, seconded by Cosper, to allocate $400.00 to Gilda Seymour for sponsorship in the Mrs. USA pageant.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Cosper, seconded by Gill, to allow Alderman Cosper to schedule a meeting with Mississippi Power Co. and Singing River E.P.A to coordinate street lighting recommendations for the intersection of Highway 90 and Ocean Springs/Vancleave Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Coast Transit Authority Budget Request for FYE 2001)

Motion by Cosper, seconded by Denyer, to approve the $31,000.00 budget request of Coast Transit Authority for FYE 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Denyer, seconded by Cody, to allow the City Engineer, before the next Board meeting, to get the elevation on the ditches in Beverly Place Subdivision to determine if the pipes can be lowered without destroying the intent of the ditches.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Scruggs Hire Letter)

Motion by Cosper, seconded by Denyer, to hire Donovan Scruggs as Director of Community Development and Planning at an annual salary of $38,000.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

(Joe Gill – Ainsworth-MacAllan, LTD proposal)

Motion by Denyer, seconded by Garrard, to employ the firm of Ainsworth-MacAllan LTD at a rate of $80.00 per hour to apply for tidelands funds for the Fort Bayou boat launching ramp, a boardwalk on East Beach, and removal of dilapidated piers and pilings on Front and East Beaches.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Gill

ABSENT AND NOT VOTING Alderman McDonnell

Cheri Hanemann of 305 Front Beach Dr. thanked Alderman Garrard for addressing concerns regarding the Ocean Springs Post Office.

Motion by Denyer, seconded by Gill, to authorize the City Attorney, in matters of litigation, to employ an attorney for purposes of research and brief.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Garrard, seconded by Cody, to authorize the Mayor to write a letter to Cable One requesting they offer alternative cable packages for the City of Ocean Springs.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

Motion by Denyer, seconded by Garrard, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McDonnell

______________________________ _____________________________

City Clerk Mayor

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