A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Pro Tem Danny Jalanivich at 6:00 p.m. on January 15, 2002, at City Hall in the City of Ocean Springs. Present were Aldermen Lloyd, McDonnell, Cody, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Mayor Ainsworth and Alderman Carvin were absent. Mayor Pro Tem Jalanivich chaired the meeting and did not vote on any issues unless otherwise indicated.

Alderman Cody gave the Invocation.

Mayor Pro Tem Jalanivich led the Pledge of Allegiance.

Approve Minutes of Regular Meeting of January 2, 2002

Accept Action Report

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

(Docket Summary)

Allow Accountant Karen Adams to attend Winter Session of Certification Training Program for Municipal Clerks-Tax Collectors in Hattiesburg on February 28-March 1, 2002, prepay $60.00 registration fee and pay all other reasonable and actual expenses

Hire Jimmy Smith as Patrol Officer at Band 4/Step 5 ($12.11 hr.) and Larry Brown as Animal Control Officer at Band 3/Step 1 ($9.33 hr.), contingent upon successful completion of all pre-employment requirements:

(Smith & Brown Hire Letter)

Award quote for installation of emergency equipment in the 11 new patrol vehicles to A&A Automotive at a cost of $450.00 per vehicle:

(PD equipment quote)

Accept Fire Report for December 2001

Accept resignation of Firefighter Edgar Morales, effective January 17, 2002, and authorize Fire Chief to begin process to fill the vacancy

Hire Stacy Carpenter as Firefighter at Band 4/Step 1 ($8.46 hr.), effective January 16, 2002, pending successful completion of all pre-employment requirements and place him on one-year’s probation:

(Carpenter Hire Letter)

Allow Firefighter Mathew Bigelow to attend Hazardous Materials Technician-I course at MS State Fire Academy on April 1-5, 2002, at a cost of $270.00 and pay all other reasonable and actual expenses

Place Lloyd Helveston, Water Dept. tractor operator, on full-time employment status and move him to Band 2/Step 4 ($9.25 hr.), effective January 18, 2002:

(Helveston Permanent Letter)

Hire Ronald Brown as tractor operator in Street Dept., effective January 16, 2002, at Band 2/Step 3 ($9.05 hr.):

(Brown Hire Letter)

Pay invoice no. 12997-17 from Compton Engineering, P.A. ($11,672.79) for design phase services related to water and sewer relocation along Highway 90:

(Compton Invoice)

Accept Building Reports for December 2001 and Year End 2001

Authorize City Clerk to advertise for bids for Engineering Services for Holcomb Blvd. and U.S. Highway 90 project (traffic light and relocation of median crossover):

(Project Bid Letter)

Grant Final Plat Approval to Woodlands Subdivision, contingent upon approval of state agencies for water and wastewater improvements, and authorize Mayor to sign final plat upon receipt of said documentation:

(Woodlands FPA Documents)

Authorize City Planner to submit application to MDOT for Urban Youths Corps Program and authorize Mayor to sign Memorandum of Understanding:

(Urban Youth Corp Letter)

Grant permit to Roy Murrell, Jr. for construction of pier and deck at 1127 I’berville Dr.:

(Murrell, Jr. Pier Documents)

Grant permit to Roy Murrell, Sr. for construction of pier and deck at 1709 Kensington Ave.:

(Murrell, Sr. Pier Documents)

Approve agreements with Jackson County: (1) Interlocal Governmental Agreement for Construction of New Shearwater Bridge and (2) Memorandum of Agreement for Management of Ocean Springs Harbor Inner Park:

(Bridge and Harbor Park Agreements)

Adopt Resolution memorializing the Legislature of the State of Mississippi to increase the number of park commissioners from 5 to 7:

(Park Com. Resolution)

Allow HR Director/Risk Manager to attend MEA Drug Testing Consortium Supervisor Training Workshop in Jackson on January 30, 2002, and Mississippi Municipal Service Co. seminar in Jackson on January 24-25, 2002, and pay all reasonable and actual expenses for both

Allow Mayor, any Board members and department heads to attend MML Mid-Winter Legislative and Training Conference in Jackson on January 23-24, 2002, prepay registration fee and pay all other reasonable and actual expenses

Approve request for transfer of surplus1994 Ford F-150 Pickup Truck (VIN# 1FTDF15Y8RN85751) to the Ocean Springs School District for price of $1.00

(Vehicle Transfer Letter)

Items c, e, h, i, l, q, r, s, t and w were removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by McDonnell, to approve the Consent Agenda, excluding items c, e, h, i, l, q, r, s, t and w.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Dalgo, seconded by Gill, to reappoint Dr. Lena Melton to a five-year term on the Ocean Springs School Board of Trustees expiring February 28, 2007.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time Charles Evans made a presentation on behalf of the Blue Ribbon Panel Committee. The presentation included an outline of the history of the committee, a recap of their findings with regard to a sports complex for the City, and changes that have occurred since their initial report to the Board in 1997. Mr. Evans reported that the committee was still zealous about a sports complex and asked for the Board’s continued support.

At this time discussion was held regarding item c of the Consent Agenda. Alderman Lloyd publicly noted that of the $915.30 invoice from Solutions, Inc., which is the agency trying to obtain a permit for the sports complex, $715.00 was for a meeting held 30-40 days ago and $74.80 was for travel expenses. He also pointed out Solution’s comments to the Board that they were surprised the City had been denied a permit.

Motion by McDonnell, seconded by Lloyd, to approve item c of the Consent Agenda.

VOTING AYE Aldermen Lloyd, McDonnell, Cody, and Gill

VOTING NAY Alderman Dalgo

ABSENT AND NOT VOTING Alderman Carvin

The City Clerk reported that payroll with the ADP system had been initiated with only a few problems concerning employee deductions, which would be resolved with the next payroll. On behalf of herself and the Human Resources Director, she commended and thanked Pamela Cox and Diane Northrop for their hard work and the numerous hours spent, in addition to their regular workload, converting the 211 employees to the new payroll system.

Motion by Cody, seconded by McDonnell, 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 Carvin

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

(Murrell Documents)

Motion by Lloyd, seconded by McDonnell, to accept the recommendation of the Review Section Committee and deny the request of Roy Murrell for a side yard variance at 1127 I’berville Dr.

VOTING AYE Aldermen Lloyd, McDonnell, Cody and Dalgo

VOTING NAY Alderman Gill

ABSENT AND NOT VOTING Alderman Carvin and Members Schmidt, Rhodes and Sanders

Motion by McDonnell, seconded by Cody, 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 Carvin

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item e of the Consent Agenda. The Police Chief reported that the two new hires would be filling existing vacancies and were not additional personnel.

Motion by Lloyd, seconded by McDonnell, to approve item e of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Fire Chief Mark Hare gave a report on the recent fire at Ocean Pointe Apartments. He commended Police Officers David Atwell and Jason Crohn, who were first on the scene, and Dispatcher Teresa Saunders. He stated that the early life and death decisions they made set the tone for the rest of the fire fighting operation. Biloxi Fire Chief Roberts and West Jackson Co. Fire Chief Pete Pierce and their departments were also recognized for the assistance they provided. The Board commended the Fire Chief and Department and the Police Dept. personnel involved for the excellent job they performed in saving lives and extinguishing the fire.

At the Fire Chief’s request item h of the Consent Agenda was pulled. He reported that the employee had been injured during his last day of duty and would temporarily remain employed with the City.

At this time discussion was held regarding item i of the Consent Agenda. The Fire Chief reported that the new hire, if approved, would be filling an existing vacancy.

Motion by Cody, seconded by Dalgo, to approve item i of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

The City Engineer had previously submitted his engineering contracts for the Fort Bayou Boat Ramp Project and Eagle Point Sewer Project for the Board’s consideration and reported that the engineering fees were included in the grants.

Motion by McDonnell, seconded by Lloyd, to accept the engineering contracts from Moran, Seymour & Associates for the Fort Bayou Boat Ramp Project and Eagle Point Sewer Project, and authorize the Mayor and City Attorney to review the contracts and sign them upon meeting their approval.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Alderman Gill reported a potential flooding problem at a house in Trentwood Subdivision.

Motion by Gill, seconded by Cody, to authorize the Public Works Director and City Engineer to review the potential flooding problem at the house in Trentwood Subdivision and report back to the Board with a recommendation and cost estimate.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item l of the Consent Agenda. The Public Works Director reported that the new hire would be filling an existing vacancy.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by Gill, seconded by McDonnell, to authorize the Public Works Director to place up to 8 port-a-lets in the downtown area during the Mardi Gras Parade on January 19, 2002.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Alderman Dalgo reported that drainage at the Rouse property at 3401 Government St. had been adversely affected by the development of Beverly Place Subdivision. He requested that the necessary easements be obtained and that drainage repairs be made.

Motion by Gill, seconded by Dalgo, to authorize the City Attorney and City Engineer to draft the necessary utility easements to be signed by the Rouses’ and/or any other area residents necessary in order to make the drainage repairs at 3401 Government St.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Alderman Dalgo reported that the concrete street panels at the corner of Tara Lane and Katy Lane had risen up and become a safety hazard. He added that they were also holding water and impeding drainage. The Public Works Director was directed to report back to the Board with a cost estimate for repair at the next meeting.

Alderman Dalgo expressed concern for the lack of caution lights at the Middle School. He asked that the bid package prepared in July 2000, for which the City received no bids, be updated and that the project be readvertised for bids.

Motion by Dalgo, seconded by Cody, to authorize the Public Works Director to update the data with regard to the Middle School caution lights and authorize the City Clerk to readvertise for bids for the project.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item q of the Consent Agenda. The City Planner reported that the applications for the Urban Youth Corps Program were allowed to be for an amount up $25,000.00 with an 80/20 match, which could be made with in-kind services or personnel charges. He added that the Public Works Director had advised him that the match could be easily made with existing work force.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding items r and s of the Consent Agenda. Alderman Lloyd disagreed with the requirement for Board approval of a pier permit when the DMR has granted approval and building codes have been met. He requested a work session to review the ordinance for possible amendment.

Motion by Lloyd, seconded by Cody, to approve items r and s of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time discussion was held regarding item t of the Consent Agenda. Alderman Lloyd asked if the Park Commission concurred with the Memorandum of Agreement for Management of Harbor Inner Park. The City Attorney advised that the Park Commission was one of the three signatories to the agreement, and if they do not concur and if the agreement is not executed, then it would be invalid.

Motion by McDonnell, seconded by Dalgo, to approve item t of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

(Insurance Quotes for Vehicles)

Motion by Gill, seconded by Cody, to accept the Risk Manager’s recommendation to approve the $8,717.00 quote from Scott Insurance Agency for physical damage coverage with a $500.00 deductible on the 11 lease/purchase vehicles in the Police Dept.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

(Revised Invoice – Lease/Purchase 11 Police Cars)

Motion by Cody, seconded by Gill, to pay the revised invoice from Ford Motor Credit Co. in the amount of $7,122.65 with regard to the lease/purchase of the 11 Police Dept. vehicles.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

At this time Shea McNease of Batson and Brown Engineering and Architect Henry Furr made a presentation to the Board with regard to a conceptual design and cost estimate for the new Shearwater Bridge. They estimated that the basic bid would be $280,000.00 and noted that options such as decorative hand railing, decorative lighting and a sidewalk would increase the cost.

At this time discussion was held regarding item w of the Consent Agenda. Alderman Dalgo stated he felt the request was open-ended, and after a short poll of the Board members and department heads present on who would be attending the conference, the following motion was made.

Motion by McDonnell, seconded by Cody, to allow up to three people designated by the Mayor to attend the MML Mid-Winter Legislative and Training Conference in Jackson on January 23-24, 2002, to prepay their registration fee and to pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Gill

ABSENT AND NOT VOTING Alderman Carvin

Motion by Dalgo, seconded by Gill, to override the Tree Committee’s decision and allow Henry Wilson to cut down the diseased live oak tree at 3821 Cabildo Place and require him to comply with the ordinance and replace the diseased tree with another live oak tree.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

The appointment to the Tree Committee was held over until the next meeting.

(Tidelands Project 2002)

Motion by McDonnell, seconded by Lloyd, to accept the Mayor’s recommendation to approve the three 2002 Tidelands Trust Fund projects and authorize Joe Gill Consulting, LLC, to lobby the state legislature to assist in getting the projects approved, contingent upon any fees due Gill being included in the grant application as part of project costs.

VOTING AYE Aldermen Lloyd, McDonnell, Cody and Dalgo

VOTING NAY NONE

VOTING ABSTAINED Alderman Gill

ABSENT AND NOT VOTING Alderman Carvin

Alderman Cody reported that sections of Bechtel Blvd. were in need of repair, as oak tree roots had pushed up through the asphalt.

Motion by Cody, seconded by Gill, to authorize the Public Works Director to repair the necessary sections of Bechtel Blvd. at a cost not to exceed $4,000.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Alderman Jalanivich removed "Loan Transfer – Water & Sewer Funds to General Fund" from the agenda. He stated that the financial situation of the City was looking better and there was no need at this time to transfer funds.

Motion by McDonnell, seconded by Lloyd, to authorize the Planning Dept. to send letters to Ames Ave. and I’berville Dr. residents requesting their opinion about making I’berville Dr. one-way from Ames Ave. going east to Washington Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Doug Denehie reiterated the importance of Mr. Evan’s earlier presentation on behalf of the Blue Ribbon Panel Committee and the economics of it. He added that a sports complex would be a good, viable source of income for the Park Commission.

Mayor Pro Tem Jalanivich called for a five-minute break, after which time the meeting resumed.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by McDonnell, seconded by Cody, to go into Executive Session to discuss personnel matters and potential litigation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

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

After approximately 1 hour and 20 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

Motion by McDonnell, seconded by Dalgo, to recess until 7:00 p.m. on January 16, 2002.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Carvin

______________________________ _____________________________

City Clerk Mayor

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