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 September 19, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, McDonnell, Cody, Cosper, Denyer and Gill, and City Clerk Adrienne Howell. Alderman Garrard was temporarily absent and City Attorney Oscar Jordan was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Approve Minutes of Regular Meeting of September 5, 2000

Accept Action Report

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

(Docket Summary)

Accept Assessment Changes for August 2000:

(Assessment Changes)

Accept recommendation to appoint Karen Adams as Deputy City Clerk in charge of accounting, authorize her to participate in the Certification Training Program for Municipal Clerk-Tax Collectors and authorize her to attend the Fall Session in Hattiesburg on October 26-27, 2000, prepay the $65.00 registration fee and pay all other reasonable and actual expenses:

(Adams Memo)

Accept recommendation to hire Pamela Cox as purchasing agent, effective September 20, 2000, at Band 6/Step 1 ($13.08) of the salary scale and place her on six months probation with the past three months applying toward her six month probation period:

(Cox Hire Letter)

Allow Pamela Cox to become member of Mississippi Association of Governmental Purchasing and Property Agents Association, pay $25.00 membership fee, and authorize her to attend the following, prepay registration fees, and pay mileage (if personal vehicle used): (1) Adding Value to Procurement Process - October 14, 2000 – Biloxi - $125.00, (2) Building Bridges to the Future – October 15-18, 2000 – Biloxi - $100.00, (3) Municipal Purchasing – October 27, 2000 – Biloxi - $45.00

Accept recommendation to adopt Resolution Adopting A Flexible Benefits Plan for city employees and authorize Mayor and City Clerk to execute resolution and eligibility agreement

(Cafeteria Plan Resolution)

Accept recommendation to reinstate two Police Dept. $300.00 petty cash funds for FYE 2001:

(PD Petty Cash Memo)

Accept retirement resignation of Capt. John T. Tue, effective October 1, 2000, and allow Police Chief to begin process to fill vacancy:

(Tue Resignation)

Accept recommendation to allow Capt. Tue to purchase handgun from City at cost of $1.00:

(Tue Handgun)

Accept resignation of Pt. Friedrich (Fred) C. Paetow, effective September 28, 2000, and allow Police Chief to begin process to fill vacancy

Allow Dispatcher Christina Carter to attend APCO Basic Class for Dispatchers in Biloxi on October 2-6, 2000, prepay $139.00 registration fee and pay all other reasonable and actual expenses

Allow Det. Keith Havard, Ptn. Mike Crebassa, Det. Louis Miller and Ptn. Ricky Jones to attend Basic SWAT Operations Course at Camp Shelby in Hattiesburg on October 23-25, 2000, prepay registration fee of $25.00 per officer and pay all other reasonable and actual expenses

Allow Fire Chief to attend Fire Inspector 1031-1 course in Jackson on December 11-15, 2000, prepay any necessary registration fee and pay all other reasonable and actual expense

Accept recommendation to approve Pay Request No. 1 from Kappa Development and General Contracting, Inc. ($183,357.94) and issue payment upon receipt of funds from the Department of Environmental Quality’s Revolving Loan Fund Program:

(Kappa Pay Request)

Accept recommendation to pay invoice from Graham Construction Co, Inc. ($39,124.80) for sewer line repairs at Rayburn Ave.:

(Graham Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($1,072.30 – retainage) for sewer line repairs on Dick Chiles:

(Graham Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($3,965.15 – retainage) for sewer line repairs on Hellmer’s Lane:

(Graham Invoice)

Allow Historic Preservation Commissioners Alice Duckett and Jack Hunt to attend the Certified Local Government Summit Meeting in Canton on September 22, 2000, and reimburse their travel expense of 32.5 cents per mile

Allow Mark Hare, Terry Agar, Michelle McClure and Elizabeth Gillespie to attend Microsoft PowerPoint Presentations Workshop in Biloxi on October 4, 2000, prepay the $179.00 per person registration fee (4^th person free)

Accept Building Report for August 2000

Pay City Attorney’s bill for August 2000 ($2,060.00)

Accept Architect Carl Germany’s recommendation to approve Change Order No. 3 regarding City Hall Renovation Contract (45 contract extension to October 14, 2000):

(City Hall Change Order)

Items b and h were removed from the Consent Agenda for further consideration, item l was removed, and the registration fee in item m was corrected to $155.00.

Motion by McDonnell, seconded by Denyer, to approve the Consent Agenda, excluding items b, h and l, and to approve item m as corrected.

VOTING AYE ALL

VOTING NAY NONE

John McClure of Kemp & Associates submitted the following report regarding the City’s impact fee program and announced he expected it to be concluded by the end of the calendar year. He added that the comprehensive plan required further analysis, but anticipated completion sometime after the first of the year.

(Impact Fee Report)

Motion by Garrard, seconded by Denyer, to authorize the City Clerk to inform the Mayor when the FYE 2000 budget amendments are ready and to authorize the Mayor to call a special meeting for their adoption.

VOTING AYE ALL

VOTING NAY NONE

(Ferguson Hire Letter)

Motion by Gill, seconded by Cody, to accept the City Clerk’s recommendation to hire Michael P. Ferguson as meter reader, effective September 20, 2000, at Band 2/Step 2 ($8.18) of the salary scale and place him on six months probation.

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

VOTING NAY Alderman Jalanivich

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

Motion by Garrard, seconded by Denyer, to accept the Action Report.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Garrard, seconded by Denyer, to approve item h of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by Jalanivich, to authorize the City Clerk and City Attorney to review the issue of sewer extension and connections and recommend a defined uniform policy for adding the new sewer customers to the City’s sewer system.

VOTING AYE ALL

VOTING NAY NONE

(Fire Truck Letter)

Motion by Garrard, seconded by Cody, to allow the Fire Chief and Lt. Randall Rogers to tour the American LaFrance fire truck manufacturing plant in Cleveland, NC, on September 28, 2000, and reimburse their reasonable and actual expenses.?

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Renewing Contract with Graham Construction re: Sewer Rehabilitation Bid)

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

VOTING AYE ALL

VOTING NAY NONE

(Martin Luther King Playground Restroom Facility)

Motion by Jalanivich, seconded by Gill, to proceed with the plans for the Martin Luther King Playground restroom facility as originally decided.

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

VOTING NAY Alderman McDonnell

(Standby Power Source Traffic Signals)

Motion by Jalanivich, seconded by Cody, to allow the Mayor and Public Works Director to work with the Highway Dept. to obtain specifications for backup battery operated system for traffic signals and authorize the City Engineer to seek out available funding sources.

VOTING AYE ALL

VOTING NAY NONE

(Water/Sewer Ocean Springs Rd.)

Motion by Gill, seconded by Cosper, to accept the Public Works Director’s recommendation with regard to upgrade of water and sewer service on Ocean Springs/Vancleave Rd. at an approximate cost of $26,025.00 and to require the developer of the convenience store/mini warehouses (parcel no. 60122105.020) to pay $5,188.75 as his portion of the cost for the project, subject to the City Attorney’s review and approval before proceeding with the project.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to recess the Regular Session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

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

(Hensley Documents)

Motion by Cody, seconded by Garrard, to accept the Review Section Committee’s recommendation to deny the request of Dr. Michael Hensley for a side yard variance at 115 Ashley Place, as the request exceeds the maximum 20 % allowed in section 805 of the Zoning Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Schmidt, Johnson and LaPointe

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

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Jalanivich, to refer the recommendation of Mississippi Power Co. regarding street lighting on N. Halstead Rd. and Commerce to the City Planner for his review and allow him to select and authorize up to 5 lights for installation.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 6 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

MECHANICAL CODE IN LIEU OF THE STANDARD

MECHANICAL CODE OF THE SOUTHERN BUILDING CODE

CONGRESS INTERNATIONAL, INC.

Motion by McDonnell, seconded by Denyer, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 7 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

PLUMBING CODE IN LIEU OF THE STANDARD

PLUMBING CODE OF THE SOUTHERN BUILDING CODE

CONGRESS INTERNATIONAL, INC.

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 8 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

FIRE CODE IN LIEU OF THE STANDARD

FIRE CODE OF THE SOUTHERN BUILDING CODE

CONGRESS INTERNATIONAL, INC.

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 9 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

FUEL GAS CODE IN LIEU OF THE STANDARD

GAS CODE OF THE SOUTHERN BUILDING CODE

CONGRESS INTERNATIONAL, INC.

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 10 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

PRIVATE SEWAGE DISPOSAL CODE

Motion by Jalanivich, seconded by McDonnell, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 11 - 2000

AN ORDINANCE ADOPTING THE

INTERNATIONAL RESIDENTIAL CODE

FOR ONE- AND TWO-FAMILY DEWELLINGS

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

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 12 - 2000

AN ORDINANCE ADOPTING THE INTERNATIONAL

BUILDING CODE IN LIEU OF THE STANDARD

BUILDING CODES OF THE SOUTHERN BUILDING

CODE CONGRESS INTERNATIONAL, INC. AND

AMENDING THE OCEAN SPRINGS MUNICIPAL CODE

BY ADDING REQUIREMENTS OF BUILDING DESIGN BY

PROFESSIONALS ON CERTAIN BUILDINGS AND STRUCTURES

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

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Determining Necessity for Lot Cleaning – 106 Niagra)

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Jalanivich, to authorize the City Clerk to send a lot cleaning letter to the owner of the property at 1128 Vermont.

VOTING AYE ALL

VOTING NAY NONE

(The Fellowship Church – request for water and sewer services)

Motion by Jalanivich, seconded by Gill, to authorize the Public Works Director to review the possibility of granting the request of The Fellowship Church by looking at what options there are and determining the costs.

VOTING AYE ALL

VOTING NAY NONE

(WAMA – 2003 Centennial Celebration of Walter Inglis Anderson)

Motion by Garrard, seconded by Jalanivich, to partner with the Walter Anderson Museum of Art on a $20,000.00 Projects Grant from the Mississippi Arts Commission, with the project match being raised by the Museum and the City paying the bills as they are incurred.

VOTING AYE ALL

VOTING NAY NONE

(Magnolia State Development Group – Park Place S/D – FPA)

Motion by Jalanivich, seconded by Garrard, to accept the Planning Commission’s recommendation to grant Final Plat Approval for Park Place Subdivision, contingent upon the City Engineer’s concerns being satisfied, receipt of the warranty bond and payment of the sign fees.

VOTING AYE ALL

VOTING NAY NONE

(Randy Wrigley – Lakeview S/D, III – SPA)

Motion by Gill, seconded by Cosper, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Lakeview Subdivision, Phase III, contingent upon satisfaction of the items addressed in the City Planner’s memo to the Planning Commission and subject to the developer providing another means of egress/ingress prior to preliminary plat.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

(Bruce Tolar – Mimosa Cove S/D – PPA)

Motion by Jalanivich, seconded by McDonnell, to accept the Planning Commission’s recommendation to grant Preliminary Plat Approval for Mimosa Cove Subdivision.

VOTING AYE ALL

VOTING NAY NONE

(C.D. Builders – Southwind S/D – SPA)

Motion by Gill, seconded by Garrard, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Southwind Subdivision, contingent upon satisfaction of the items in the City Planner’s memo to the Planning Commission.

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

VOTING NAY Alderman Cosper

(First Presbyterian Church Documents – 305 Washington Ave.)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for First Presbyterian Church at 305 Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

(First Presbyterian Church Documents – 915 Ocean Ave.)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for First Presbyterian Church at 915 Ocean Ave.

VOTING AYE ALL

VOTING NAY NONE

(City of Ocean Springs – Community Center)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for the City of Ocean Springs at 512 Washington Ave. (Community Center), as amended.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by McDonnell, to insure the Walter Anderson murals in the Community Center for $8,000,000.00 at the quoted premium of $8,000.00 per year ($1,000.00 per million).

VOTING AYE ALL

VOTING NAY NONE

(Mayor’s memo re: mitigation property)

Motion by Jalanivich, seconded by McDonnell, to exercise the option to purchase the mitigation property and notify the owners.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Gill, to go into Executive Session to discuss personnel salaries.

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 salaries.

After approximately one hour the Executive Session was ended and the Regular Session was resumed.

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

Motion by Jalanivich, seconded by Cody, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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