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 17, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cosper, Denyer and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Cody was absent due to company business.

Mayor Ainsworth gave the Invocation and led the Pledge of Allegiance.

At this time Mayor Ainsworth presented the following 2000 CDBG project documents for the Board’s consideration.

(Mayor’s recommendation & Documents)

(Resolution Protecting Individuals Engaged in Non-Violent Civil Rights Demonstrations CDBG Project No. 00-282-PF-01)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Fair Housing Resolution Community Development Block Grant Public Facilities Project No. 00-282-PF-01)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Resolution Encouraging Minority Business Enterprises and Women Business Enterprises CDBG Project No. 00-282-PF-01)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Resolution Endorsing Civil Right Laws and Executive Orders Applicable to the Community Development Block Grant Program)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Agreement Consulting Services Community Development Block Grant Program)

Motion by Jalanivich, seconded by Gill, to approve the agreement between Jimmy G. Gouras, Urban Planning Consultants, Inc. and the City of Ocean Springs for consulting services regarding the 2000 Community Development Block Grant Public Facilities Project No. 00-282-PF-01 and authorize the Mayor to execute said agreement on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Resolution Adopting Standards of Conduct and Procurement for the Community Development Block Grant Program Public Facilities Project No. 00-282-PF-01)

Motion by Jalanivich, seconded by Cosper, to adopt the above and foregoing Resolution.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Joiner Hire Letter)

Motion by Gill, seconded by Jalanivich, to accept the recommendation to hire William M. Joiner as Building and Grounds Maintenance Technician for Rental Facilities at Band 2/Step 6 of the salary scale ($9.18) and place him on six months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Kemp Invoice)

Motion by Jalanivich, seconded by Cosper, to approve payment of the invoice from Kemp Associates, PA in the amount of $8,348.16 regarding the impact fee project.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Approve Minutes of Regular Meeting of October 3, 2000

Approve Minutes of Special Call Meeting of October 10, 2000

Accept Action Report

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

(Docket Summary)

Accept recommendation to authorize City Clerk to advertise for bids for City Depository:

(Depository Bid Memo)

Allow Police Chief to attend "How to Handle People with Tact and Skill" seminar in Biloxi on November 28, 2000, prepay $149.00 registration fee and pay all other reasonable and actual expenses

Allow Police Chief to attend Mississippi Association of Chiefs of Police Mid-Winter Conference in Natchez on October 23-26, 2000, prepay $125.00 registration fee and pay all other reasonable and actual expenses

Allow Ptn. Alfred Orillion to attend Regional Counter Drug Training Academy T-Cap class in Meridian on November 27-December 1, 2000, and pay all reasonable and actual expenses

Allow Dets. Mary Brown, Keith Havard, Scott Johnson and Ptn. James Hagan to attend Violent Crime Investigation Seminar in Mobile on November 13-14, 2000, prepay the $25.00 per officer registration fee and pay all other reasonable and actual expenses

Accept recommendation to allow City Clerk to advertise for bids for two motorcycles for Police Dept.:

(Motorcycle Memo)

Accept recommendation to place Ptn. Bruce Spearnock and Ptn. Chris Wise on permanent employee status:

(Spearnock permanent Letter)

Accept recommendation to award quote for towing of all police vehicles to E&M Towing for the period of October 1, 2000 – September 30, 2001:

(Police Towing Quote)

Accept recommendation to award quote for tire service for all police vehicles to Performance Tire & Wheel, Inc. for the period of October 1, 2000 – September 30, 2001:

(Police Tire Quote)

Accept Fire Report for September 2000

Accept Volunteer Fire Report for September 2000

Accept recommendation to approve Application for Payment No. 2 from Kappa Development & General Contracting, Inc. ($38,187.00 – Non-Federal Participating) regarding Government St. Improvements Project – Bills Ave. to Pine St.:

(Kappa Invoice)

Accept recommendation to approve Application for Payment No. 13 from Kappa Development & General Contracting, Inc. ($5,271.00 – Federal Participating) regarding Government St. Improvements Project, STP-9064(4)/49-9064-00-004-10, and issue payment within three days of receipt of funds from State:

(Kappa Invoice)

Accept recommendation to award bid for sale and removal of abandoned water tanks on Deena Rd. and Carolyn Dr. to Circle S Supply, Inc. ($1,505.00):

(Water Tank Bids)

Accept recommendation to award bid for Plugging and Capping of Deena Rd. and Carolyn Dr. Water Wells to Griner Drilling ($9,354.00):

(Well Bids)

Accept recommendation to pay invoice from Twin L Construction ($934.00 – retainage) regarding sidewalk restoration:

(Twin L Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($2953.20 – retainage) regarding sewer system rehabilitation:

(Graham Invoice)

Accept recommendation to cancel annual bid for Corrugated Plastic Culvert & Fittings as awarded to Hancor and authorize City Clerk to readvertise for bids:

(Hancor Bid Letter)

Accept recommendation to cancel bi-annual bid for Fencing as awarded to D & D Fence Co. and authorize City Clerk to readvertise for bids:

(Fencing Bid Letter)

Accept Building Report for September 2000

Allow Building Official to attend Association of Floodplain Managers of Mississippi Annual Conference in Biloxi on November 1-3, 2000, prepay the $30.00 registration fee and pay all other reasonable and actual expenses

Accept recommendation to remove "Research grant funds available for pedestrian zone" (No. 1999/05/04-2) from Action Report:

(CDP Action Report Letter)

Accept recommendation to remove "Solicit proposals for grant writer for City" (No. 2000/03/08-1) from Action Report:

(CDP Action Report Letter)

Accept recommendation to approve Option 1 regarding street lighting at North Halstead and Commerce St. ($3,247.97 plus $11.75 per light per month):

(Street Light Memo)

Pay City Attorney’s bill for September 2000 ($2,160.00)

Accept recommendation to close Washington Ave. from Robinson St. to Porter Ave., and Government St. to Handy at 5:00 p.m. for the annual "Trick or Treat Down the Street" as requested by HOSA:

(Letter re: Halloween)

Accept Architect Carl Germany’s recommendation to approve Change Order No. 1 regarding Ocean Springs Police Station Roof ($9,500.00) for gutters around roof (excluding north side) and walk pads to existing roof top HVAC equipment:

(Police Roof Change Order)

Items l and m were removed from the Consent Agenda for further consideration. The Police Chief requested Chris Wise’s name be removed from his recommendation regarding item k.

Motion by Gill, seconded by Cosper, to approve the Consent Agenda, excluding items l and m, and to remove Chris Wise’s name from the Police Chief’s recommendation regarding item k.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

After some discussion regarding items l and m of the Consent Agenda, the following motion was made:

Motion by Garrard, seconded by Denyer, to approve items l and m of the Consent Agenda until reviewed and concurred with by the new Board of Aldermen.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Motion by Jalanivich, seconded by Denyer, to authorize the Police Chief to perform a traffic study on Ocean Springs Rd. from the railroad tracks north to Highway 90 and report back to the Board with a recommendation for an appropriate speed limit.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Travel Letter)

Motion by Garrard, seconded by Jalanivich, to allow the Fire Chief and Lt. Randall Rogers to tour the E-One Fire Apparatus Manufacturing Plant in Ocalla, FL, on November 1-2, 2000, at no cost to the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Kappa Invoice)

Motion by Jalanivich, seconded by Cosper, to accept the City Engineer’s recommendation to approve Pay Request No. 2 from Kappa Development and General Contracting, Inc. in the amount of $148,381.11 regarding Water System Improvements, and to release payment upon receipt of funds from the Dept. of Environmental Quality’s Revolving Loan Fund Program.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(MDEQ Letter re: Disposal of Monitoring Well Water)

Motion by Jalanivich, seconded by Gill, to accept the letter from the Mississippi Dept. of Environmental Quality regarding disposal of monitoring well development water and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(MEMA Letter)

Motion by Jalanivich, seconded by Gill, to reimburse the Mississippi Emergency Management Agency $5,979.00 for overpayment of federal funds regarding Hurricane Georges and authorize the Mayor to sign any necessary forms.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Motion by Denyer, seconded by Garrard, 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 Cody

Review Section Committee members present were Angela Sanders and Ray Heddings. Richard Schmidt, David LaPointe and Keith Rhodes were absent.

(Baker Documents)

Motion by Jalanivich, seconded by Denyer, to accept the Review Section Committee’s recommendation to grant a 20% rear yard variance to Bryan D. Baker on Lot 15 Maurepas Landing Subdivision.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody and Members Schmidt, LaPointe and Rhodes

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

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

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Cody

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

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 35 minutes the Executive Session ended.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Motion by McDonnell, seconded by Garrard, 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 Cody

Review Section Committee members present were Angela Sanders and Ray Heddings. Richard Schmidt, David LaPointe and Keith Rhodes were absent.

(Lobrano Documents)

Motion by McDonnell, seconded by Gill, to accept the Review Section Committee’s recommendation to grant a 20% height variance to William and Patricia Lobrano at 241 Lovers Lane.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody and Members Schmidt, LaPointe and Rhodes

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(HP - Cowart Documents)

Motion by Cosper, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission with regard to a Certificate of Appropriateness for Sonia Cowart at 706 Porter Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(HP – Cowart Documents)

Motion by Garrard, seconded by Jalanivich, to accept the recommendation of the Historic Preservation Commission with regard to a Certificate of Appropriateness for Sonia Cowart at 710 Porter Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(HP – Bolton Documents)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to a Certificate of Appropriateness for Laura and Buzzy Bolton at 816 Church St.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Jensen Documents – Shelter Oaks - SPA)

Motion by Jalanivich, seconded by McDonnell, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Shelter Oaks Subdivision.

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

VOTING NAY Alderman Denyer

ABSENT AND NOT VOTING Alderman Cody

(Planner’s letter re: 500 Ft. Notification)

Motion by Garrard, seconded by McDonnell, to accept the City Planner’s recommendation of October 11, 2000, with regard to amending Section 903 of the Zoning Ordinance and authorize the City Attorney to draft the amendment.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

(Letter re: ADA violations)

Motion by McDonnell, seconded by Gill, to accept the letter from the Risk Manager regarding Gay Young’s letter on ADA and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Motion by Garrard, seconded by Gill, to authorize the City Attorney to prepare a list of necessary things to do and the timeframes to do them in should the City of Ocean Springs decide to pursue it’s own ambulance district.

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

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Cody

Steve Delahousey of AMR addressed the Board at this time. He advised the Board the City was not bound by the ambulance service Jackson County contracts with and that the City could form it’s own district and apply for state funds independently. He stated AMR would continue to provide excellent ambulance service to the City of Ocean Springs if the City worked in good faith toward contracting with AMR. Alderman Jalanivich stated he would like to hear from Acadian (ambulance service), also.

At this time Mayor Ainsworth opened the lot cleaning hearing regarding the property at 1128 Vermont Ave., parcel no. 61265008.050. The City Clerk reported she had received no written communication from the property owner regarding the property. Neither the property owner nor a representative was present for the hearing. The Mayor then declared the hearing closed.

Motion by Garrard, seconded by McDonnell, to proceed with the next step in the lot cleaning process regarding 1128 Vermont Ave., parcel no. 61365008.050.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Gay Young addressed the Board regarding ADA violations concerning the Government St. Improvements Project. He told the Board he had received the letter from the Risk Manager in response to his complaints and asked about the telephone pole, the drainage grate in the sidewalk, and the sidewalk on Bechtel with no entrance ramp at the convenience store. Mayor Ainsworth advised Mr. Young that the issues were addressed during a walk-through of the project and were in the process of being resolved.

The City Attorney reported the YMCA agreement was ready and would be placed in the Board’s boxes for review and consideration at the next meeting.

(Letter – Martin Luther King Park)

Motion by Garrard, seconded by McDonnell, to accept the letter from the Martin Luther King, Jr. Pavilion Concerned Citizens Committee and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Robert Dalgo, on behalf of Ocean Spring Youth Basketball, addressed the Board concerning the fee policy of the Ocean Springs School Board for use of their facilities. Mayor Ainsworth advised Mr. Dalgo that issue had been addressed with Superintendent Hurt. He advised Mr. Dalgo to go ahead with the minimum charge, but thought the issue of security would be worked out in the near future.

(Elks Lodge #2501)

Motion by McDonnell, seconded by Garrard, to release to the Ocean Springs Elks Lodge No. 2501 the $1,000.00 community promotion funds budgeted for them in FYE 2001.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Cody

Earl Fayard voiced his opposition to the development of Ocean Ave. for the use of one family and wanted to be sure no public funds were spent opening the road. He felt the road should be developed according to proper guidelines and that it should be located in middle of the 50 feet right-of-way. He asked that the rubble be removed, especially from around the Ruskin Oak.

Motion by Denyer, seconded by Jalanivich, to authorize the City Engineer to provide a cost estimate for redirecting the water on Jeff Williams’ property.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

Diane Holliday of 400 Ruskin Ave. complained about the development of Ocean Ave., the rubble remaining from development of the road, which she claimed had damaged her fence and was a breeding ground for rats, and the drainage pipe aimed toward her back door.

Leslie Lyons of 418 Ruskin Ave. requested the rubble from development of Ocean Ave. be removed.

John Greene Of 409 Ruskin Ave. requested Shelter Oaks Subdivision be required to meet the subdivision regulations as do other subdivisions.

Joan Pylate of 410 Ruskin Ave. expressed her concern for the wildlife in the area and the Ruskin Oak.

Alderman Denyer asked the Board to go by the area and look at the situation.

Mr. Revette of 121 Linnett Dr. complained about a minor ambiguity on his water bill and stated he had paid the delinquent amount as requested. After asking whom he should speak to about the matter, Mayor Ainsworth offered to meet with Mr. Revette the following day.

Motion by Gill, seconded by Denyer, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Cody

______________________________ _____________________________

City Clerk Mayor

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