A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 6:00 p.m. on January 16, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper, Denyer and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Ocean Springs School District Superintendent Anna Hurt presented the following report regarding projected deficits the school district will incur due to state funding reductions.

(School District Report)

Accept Action Report

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

(Docket Summary)

Adopt Assessment Rolls for Tax Year 2000 as provided by Jackson County:

(Assessment Roll Figures)

Accept recommendation to pay City’s prorated share of ad valorem taxes ($842.75 – City; $1,302.13 – County) on property purchased from Alice T. Austin in February 2000:

(Austin Property Taxes – Police Facility)

Accept recommendation regarding travel request for Karen Adams, Diane Northrop, Catherine Howell, and Adrienne Howell, prepay the necessary registration fees and pay all other reasonable and actual expenses:

(Travel Memo)

Allow city clerk and election commissioners to attend Municipal Elections Certification Training Session and pay commissioners $70.00 plus any related travel expenses authorized by law:

(Election Training Memo)

Accept recommendation to create new position of Human Resource Director/Risk Manager with starting salary of $32,000-$35,000, approve said job description, and authorize Civil Service to advertise to fill the position:

(Human Resources Position Description)

Allow Det. Lt. Mary Brown to attend the "Internal Affairs, Managing Citizen Complaints and Employee Discipline" seminar in Biloxi on January 22-24, 2001, prepay the $250.00 tuition and pay all other reasonable and actual expenses

Allow Lt. Derek Hoppner, Ptn. Bruce Spearnock and Ptn. Mike Crebassa to attend the "Mental Commitments during a Crisis Period" training session in Mobile on March 9, 2001, and pay all reasonable and actual expenses

Allow Det. Keith Havard to attend "Undercover Investigations" course in Meridian on February 5-16, 2001, and pay all reasonable and actual expenses

Allow Ptn. Julian Quiroz to attend "Highway Interdiction Techniques" seminar in Kenner, LA, on January 30-February 1, 2001, and pay all reasonable and actual expenses

Accept Fire Report for December 2000

Accept Volunteer Fire Reports for November and December 2000

Accept recommendation to hire William H. Myers, Jr. as Firefighter, contingent upon successful completion of all pre-employment requirements, and place him on 12 months probation:

(Myers Hire Letter)

Allow Firefighter Mathew Bigelow to attend EMT Basic Continuing Education Course at MS Gulf Coast Community College, Jeff Davis Campus, on February 5-6, 2001, prepay the $40.00 tuition and pay all other reasonable and actual expenses

Allow Crispus Medley, Randy Rogers and Nathaniel Wilson to attend Strategy and Tactics course at MS Gulf Coast Community College during 2001 Spring Semester and reimburse their tuition according to the City’s college tuition reimbursement policy

Allow Lt. Pat Williams and Firefighter Richard Bennett to attend Challenges for Local Training Officers/Chiefs course in Gulfport on February 26-March 3, 2001, and pay all reasonable and actual expenses

Accept recommendation to allow City Clerk to advertise for bids for one fire truck as budgeted for in FYE 2001

Accept recommendation to approve Final Payment Applications from Kappa Development & General Contracting, Inc. for Non-Federal Participating work on Pine St. ($3,123.00) and on the Waterline Improvements Project ($22,296.80) along Government St.:

(Kappa Invoice)

Approve Pay Request No. 4 from Kappa Development & General Contracting, Inc. ($33,983.78) regarding Ocean Springs Water System Improvements and issue payment upon receipt of funds from DEQ’s Revolving Loan Fund Program:

(Kappa Invoice)

Accept recommendation to pay invoice from Compton Engineering, P.A. ($6,981.03) for engineering services regarding Highway 90 Utility Relocation:

(Compton Invoice)

Accept recommendation to approve Pay Application No. 1 from Dependable Plumbing ($94,297.72) and submit to Mississippi Dept. of Transportation:

(Dependable Plumbing Documents)

Accept recommendation to extend current contract with Twin L Construction for City Street and Sidewalk Rehabilitation Program and authorize Mayor to sign agreement:

(Twin L Contract Extension)

Accept recommendation to pay invoice from Graham Construction Co., Inc. in the net amount of $26,192.25 regarding Pentz drainage project:

(Graham Invoice)

Accept resignations of Teresa Howard, effective January 19, 2001, and Arthur Travis, effective January 9, 2001, and hire David Mathieu as Street Dept. Laborer at Band 1/Step 2 ($7.21) and place him on six months probation:

(Howard/Travis Resignations & Mathieu Hire Letter)

Accept Building Reports for December 2000 and Year End 2000

Pay City Attorney’s bill for December 2000 ($2,330.00)

Accept recommendation to pay invoice from Denham & King, LTD. ($2,775.77) for legal services rendered regarding Shannon Moran, Civil Action No. CI2000-00134(1):

(Denham Invoice)

Accept Architect Carl Germany’s recommendation to approve Application for Payment No. 1 from MLH, Inc. ($37,597.50) regarding Community Center Floor:

(MLH Invoice)

Pay invoice from Kemp Associates, P.A. ($6,880.75) regarding Impact Fee Project:

(Kemp Assoc. Invoice)

Pay invoice from Kemp Associates, P.A. ($7,500.00) regarding Comprehensive Plan:

(Kemp Assoc. Invoice)

Approve list of surplus property from various departments and authorize their auction in conjunction with the Jackson County auction on February 17, 2001, and approve Park Commission’s request to declare items 1-21 in their list as of no value to the City and authorize their destruction and disposal:

(Surplus Property Lists)

Approve release of $7,800.00 to Jackson County Civic Action Committee, Inc. as budgeted for FYE 2001:

(Civic Action Letter)

Items a, r and bb were removed from the Consent Agenda for further consideration.

Motion by Gill, seconded by Jalanivich, to approve the Consent Agenda, excluding items a, r and bb.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Gill, to move the Zoning and Adjustment Board up on the agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Gill, to recess the regular session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

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

(Popeye’s Chicken Documents)

Motion by Cody, seconded by McDonnell, to accept the recommendation of the Review Section Committee to deny the request of Popeye’s Fried Chicken Restaurant to raise the height of the existing sign from 20 ft. to 40 ft.

Mr. Fountain, on behalf of Popeye’s, felt the 20% limit on variances was unconstitutional and felt the Board should have the ability to grant a variance that would give them relief. The City Planner suggested Popeye’s consider lowering their sign or shifting it to the eastern side of the property to make it more visible.

After some discussion on the above motion, the question was called and the vote was as follows:

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Sanders, Schmidt and Rhodes

(McDonald’s Documents)

Motion by Jalanivich, seconded by Garrard, to accept the recommendation of the Review Section Committee to approve the request of McDonald’s Corp. for a variance of 5 ft. from the street frontage setback of 35 ft.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Members Sanders, Schmidt and Rhodes

Motion by Cody, seconded by Gill, to adjourn as the full Zoning and Adjustment Board and resume the regular session.

VOTING AYE ALL

VOTING NAY NONE

Motion by Denyer, seconded by Gill, to ratify the actions of the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

At this time discussion was held regarding item a of the Consent Agenda. Alderman Cosper requested the item regarding a time-keeping method/mechanism be left on the Action Report.

Motion by Jalanivich, seconded Garrard, that the City Engineer and Police Chief study the traffic problems at Hanley and Government and report back to the Board with a recommendation.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Garrard, seconded by Cody, to approve item r of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Gill, to authorize the City Clerk to advertise for bids for materials for the upgrade of lift stations 9 and 11, with specifications provided by the City Engineer.

VOTING AYE ALL

VOTING NAY NONE

(Gladman, Hood & McNair Documents)

Motion by Jalanivich, seconded by Gill, to accept the Planning Commission’s recommendation to approve the request of Gayden Gladman, Amos Hood and Dr. Alfred McNair, Jr. to rezone the properties located at 3900 and 3890 Bienville Blvd. and 102 Industrial Park Circle from I-1 and I-2 Industrial to C-3 Highway Commercial, and to authorize the City Attorney to draft an amendment to the Zoning Ordinance to accomplish said change.

VOTING AYE ALL

VOTING NAY NONE

(St. John Documents)

Motion by Garrard, seconded by Cody, to accept the Planning Commission’s recommendation to approve the request of Marco St. John for a special use permit to allow a residence to be constructed in a C-3 Commercial Zone at 1111 Nelson Dr.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Gill, to table the request of Gulf Coast Wireless for a telecommunications tower at Ocean Springs/Vancleave Rd.

VOTING AYE ALL

VOTING NAY NONE

(Resolution Authorizing Submittal of Application and Commitment of Matching Funds for Museum Grant Program of MS Dept. Archives & History – Mary C. O’Keefe Center)

Motion by Garrard, seconded by Cosper, to adopt the above and foregoing resolution and authorize the City Planner to proceed.

VOTING AYE ALL

VOTING NAY NONE

(Zayed Documents)

Motion by Jalanivich, seconded by Gill, to accept the Building Official’s recommendation to issue a permit to Mahmoud and Susan Zayed for construction of a bulkhead, pier and gazebo as requested at Lot 26, Bayou Sauvolle Subdivision.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Denyer, to allow the City Planner to attend the American Planning Association National Conference in New Orleans on March 10-14, 2001, prepay any registration fee and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by Jalanivich, to approve item a of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Multi-modal Transportation Legislation)

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

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Garrard, seconded by Gill, to approve item bb of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

At this time the Mayor requested comments regarding the Fayard property on Front Beach be limited due to the existing option to purchase. Marion Wingo and Diane Chapman, on behalf of Friends of Front Beach, presented the following information to the Mayor and Board of Aldermen regarding open spaces and the research completed on the funding sources for purchase of the property.

(Friends Info – Open Spaces)

Motion by McDonnell, seconded by Cody, to spread the documents received from Friends of Front Beach on the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Gill, seconded by Garrard, to table the request of the Junior Auxiliary of Biloxi-Ocean Springs for community promotion funds.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

The Ocean Springs High School Girls Fast-pitch Booster Club’s request regarding facilities improvements at the high school girls’ softball field was tabled until the next meeting.

Motion by Garrard, seconded by Cosper, to accept the recommendation of Architect Carl Germany to approve Alternate No. 1 regarding the Community Center Flooring/Restrooms bid with MLH, Inc. in the amount of $30,570.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by McDonnell, seconded by Garrard, to authorize the appropriate power company to perform a lighting study between the intersections of Middle and Russell, and Russell and Calhoun.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Gill, seconded by Garrard, to go into closed session to determine the necessity for an executive session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by McDonnell, seconded by Cody, to go into executive session to discuss personnel matters in the Fire Dept. and excuse the clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

After approximately 10 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 Denyer

Motion by Garrard, seconded by Cody, to promote Pat Williams to position of Captain in the Fire Dept. at Band 6/Step 5 of the salary scale, effective immediately.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Gill, seconded by Cosper, to authorize the City Attorney to draft an ordinance to change the regular meeting time from 7:00 p.m. to 6:00 p.m.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

Motion by Gill, seconded by Cosper, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Denyer

______________________________ _____________________________

City Clerk Mayor

________________ ________________

Date Date