A Regular 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 3, 2000, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cosper and Denyer, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Aldermen Cody and Gill were absent.

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

At this time Mayor Ainsworth presented the following proclamation to Stacey Myers declaring October 2000 as Domestic Violence Prevention Month.

(Domestic Violence Proclamation)

He then presented Doug Rowe with the following proclamation declaring October 2000 as Physical Therapy Month.

(Physical Therapy Proclamation)

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 Aldermen Cody and Gill

Review Section Committee members present were Angela Saunders and Ray Heddings. Richard Schmidt and David LaPointe were absent. (Marshall Johnson was recently been appointed to the Ocean Springs Planning Commission and no longer serves on Zoning and Adjustment Board.)

(Cumbest Documents)

Motion by Jalanivich, seconded by Garrard, to accept the recommendation of the Review Section Committee to grant a 7 ft. front yard variance to Brent Cumbest for construction of a new commercial building on his property at the corner of Bienville Blvd. and North Halstead Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill, and Members Schmidt and LaPointe

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

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 Aldermen Cody and Gill

At this time Boy Scouts Tony Geas and Alex Bellman of Troop 210 announced their upcoming Eagle Scout Project - a blood drive in cooperation with the American Red Cross.

Approve Minutes of Recess Meeting of September 19, 2000

Approve Minutes of Special Call Meeting of September 28, 2000

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

(Docket)

Accept recommendation to accept resignation of Water Office Clerk Bridgett Vaughan, effective October 1, 2000, and authorize City Clerk to fill position immediately, subject to Mayor’s approval and Board’s confirmation:

(Vaughan Resignation)

Accept Police Report for August 2000

Accept Police Reserve Report for August 2000 and pay $240.00 stipend

Accept recommendation to promote Raymond Akins to Patrol Captain, effective October 4, 2000, and place him at Band 6/Step 3 ($14.45) of salary scale:

(Akins Promotion)

Accept recommendation to promote Steve Futral to Patrol Lieutenant, effective October 4, 2000, and place him at Band 5/Step 2 ($12.07) of salary scale:

(Futral Promotion)

Accept recommendation to promote William C. Jackson to Patrol Lieutenant, effective October 4, 2000, and place him at Band 5/Step 2 ($12.07) of salary scale:

(Jackson Promotion)

Accept recommendation to promote Mary Brown to Detective Lieutenant, effective October 4, 2000, and place her at Band 5/Step 4 ($12.96) of salary scale:

(Brown Promotion)

Accept recommendation to promote Louis Miller to Detective Captain, effective October 4, 2000, and place him at Band 6/Step 6 ($15.51) of salary scale:

(Miller Promotion)

Allow Dets. Keith Havard, Scott Johnson and James Washington to attend the Detective and New Criminal Investigator Training Course in Biloxi on October 16-20, 2000, prepay the registration fee of $425.00 per officer, and pay all other reasonable and actual expenses

Allow Fire Chief to purchase one Ford F-150 Crew Cab Pickup Truck from state contract list as approved in the FYE 2001 budget:

(Truck Purchase)

Allow Fire Lt. Terry Webb and Police Capt. Lionel Cothern to attend Mississippi Fire Investigators Association Seminar in Philadelphia, MS, on October 31- November 3, 2000, prepay tuition of $85.00 per person and pay all other reasonable and actual expenses

Accept recommendation to accept resignation of Firefighter Corey Chaney, effective September 25, 2000, and allow the Fire Chief to begin the process to fill the vacancy:

(Chaney Resignation)

Accept recommendation to extend Firefighter David Fisher’s probation period until successful completion of the basic firefighter 1001-I-II course at the State Fire Academy:

(Fisher Probation)

Accept recommendation to approve Change Order No. 1 regarding Water System Improvement Project in the total amount of $23,864.00:

(Change Order – Water System Improvements)

Accept recommendation to pay invoices from Twin L Construction totaling $3,997.63 for sidewalk restoration:

(Twin L Invoice)

Accept recommendation to authorize City Clerk to advertise for bids, or procure from state contract, one Trash Truck, three Generators (30 and 60 KW), four Trucks (Pickup, Utility), one Bobcat and one Backhoe:

(Purchase/Bids Public Works Items)

Allow Head Mechanic James Tonner to attend National Fluid Power Institute School in New Orleans on October 24-26, 2000, prepay the $895.00 tuition and pay all other reasonable and actual expenses

Accept Mayor and Rental Facilities Director’s recommendation to accept resignation of Carey Cox as Civic Center Building and Grounds Maintenance Technician, effective October 13, 2000, and allow them to begin the process to fill the vacancy:

(Cox Resignation)

Accept Mayor’s recommendation to set annual salary for Police Chief Kerry Belk at $46,000.00, effective October 1, 2000:

(Belk Raise)

Accept Mayor’s recommendation to set annual salary for City Clerk Adrienne Howell at $45,000.00, effective October 1, 2000:

(Howell Raise)

Accept Mayor’s recommendation to set annual salary for Fire Chief Mark Hare at $43,000.00, effective October 1, 2000:

(Hare Raise)

Accept Mayor’s recommendation to pay invoice from Sewah Studios, Inc. ($1,315.00) for historical marker at Mary O’Keefe building:

(Invoice – Mary C. O’Keefe Marker)

Accept Architect Carl Germany’s recommendation to approve Application for Payment No. 1 from ReflecTech, Inc. ($35,676.00) regarding Ocean Springs Police Station roof project:

(Reflec Tech Invoice)

Item m was removed from the Consent Agenda for further consideration.

Motion by Cosper, seconded by Denyer, to approve the Consent Agenda, excluding item m.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

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

Motion by Garrard, seconded by Cosper, to approve item m of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

(Graham Contract)

Motion by Jalanivich, seconded by Denyer, to accept the contract with Graham Construction Co., Inc. and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

(Disposal of monitoring well development water)

Motion by Jalanivich, seconded by Denyer, to accept the Public Works Director’s recommendation to accept disposal of monitoring well development water into the city sewer system, contingent upon receipt of written approval from the Department of Environmental Quality.

VOTING AYE Aldermen Jalanivich, McDonnell, Cosper and Denyer

VOTING NAY Alderman Garrard

ABSENT AND NOT VOTING Aldermen Cody and Gill

(Water/Sewer Service along Ocean Springs/ Vancleave Rd.)

At this time discussion was held regarding extension of water and sewer services along Ocean Springs/Vancleave Rd. to the site of the proposed convenience store/mini warehouses. City Attorney Oscar Jordan advised the Board that the City could run the lines and charge the property owner as proposed, however, once the lines were available to adjacent property owners, they would pay no more or less than any other citizen in town who has a line available to them. It was his and the City Planner’s recommendation to approve running the lines at the cost proposed.

In addition, Mr. Jordan reported that it appeared the property had been subdivided while within the city limits without compliance with the subdivision regulations or lot split provisions. He thought there existed significant basis to seek remuneration on behalf of the City.

Motion by Garrard, seconded by McDonnell, to approve installation of the larger lines on Ocean Springs/Vancleave Rd. and authorize the City Attorney and City Planner to determine if a violation of the City’s subdivision regulations has occurred and, if so, to determine an appropriate remedy.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

The City Planner reported he could find no statute or ordinance requiring notice to be mailed to property owners within 500 ft. of any property proposed for a zoning change. It was the consensus of the Board that that the practice be continued although no legal requirement may exist.

Motion by McDonnell, seconded by Cosper, to authorize the City Planner to report back at the next meeting with a recommendation as to how the 500 ft. is clearly measured so there is no misinterpretation as to where the 500 ft. area comes from, and to consider his recommendation for adoption as part of the requirements for zoning changes within the city limits.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

At this time Gay Young addressed the Mayor and Board of Aldermen about alleged ADA violations on Government St. and in the downtown area. He presented a copy of a letter he had addressed to the Risk Manager and requested it be spread upon the Minutes.

Motion by Garrard, seconded by _______, to spread upon the minutes the document submitted by Gay Young.

Mr. Young indicated problems with a telephone pole in a section of sidewalk on Government St. and a drainage grate in a ramp in front of a law office. The Board agreed to postpone the issue for two weeks so it could be reviewed.

Motion by Jalanivich, seconded by McDonnell, to table the issue of ADA violations for two weeks.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Garrard, seconded by Jalanivich, to direct the Risk Manager to review the two items specifically mentioned by Mr. Young tomorrow and to place any necessary cones out if the areas appear dangerous.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

(WAMA Letter)

Motion by McDonnell, seconded by Cosper, to authorize release of the $10,000.00 budgeted for the Walter Anderson Museum of Art from FYE 2001 Community Promotion funds.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

(Garden Club Letter)

Motion by McDonnell, seconded by Cosper, to approve the request of the Gulf Coast Council of Garden Clubs, Inc. for the release of community promotion funds budgeted in FYE 2001, and to allow them to use the Senior Citizens Center and Community Center on the dates requested and waive the rental fees according to policy.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Denyer, seconded by Jalanivich, to table the proposed YMCA Contract.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Cosper, seconded by Denyer, to appoint Terry Ceasar to the Election Commission to fill the unexpired term of Lee Johnson.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Jalanivich, seconded by McDonnell, to appoint Keith Rhodes to the Zoning and Adjustment Board to fill the unexpired term of Marshall Johnson.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

(Pepper Letter)

Motion by Denyer, seconded by Jalanivich, to provide $300.00 to Rossa Janice Pepper from FYE 2001 community promotion funds for advertising and bringing into favorable notice the opportunities, possibilities and resources of the City of Ocean Springs at the All-Star Varsity Cheerleading Camp in London, England on December 26, 2000 through January 2, 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Jalanivich, seconded by McDonnell, to authorize the Public Works Director to rebuild the pavilion in Evergreen Cemetery, to include a treated floor, and ensure that the pavilion blends in with the character of the cemetery, and to direct him to expose the copings of any gravesites covered by growth.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Jane Beaugez asked that a tin roof be placed over the pavilion to be rebuilt in Evergreen Cemetery. She also requested the City review the cemetery for the possibility of platting additional gravesites for sale to the public.

Motion by Garrard, seconded by McDonnell, to begin the lot cleaning process regarding 1303 Porter Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VTOING Aldermen Cody and Gill

(Municipal Compliance Questionnaire)

Motion by Cosper, seconded by Jalanivich, to accept the Municipal Compliance Questionnaire for FYE 2000 and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Paul Bradford expressed his appreciation for the attention given to Evergreen Cemetery.

Motion by Jalanivich, 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 Aldermen Cody and Gill

Motion by McDonnell, seconded by Denyer, to go into Executive Session to discuss a potential matter of litigation and land matters, and to excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss a potential matter of litigation and land matters.

After approximately 30 minutes the Executive Session was ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

Motion by Garrard, seconded by Jalanivich, to recess until 7:00 p.m. on October 17, 2000.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and Gill

______________________________ _____________________________

City Clerk Mayor

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Date Date