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 April 9, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Denyer, City Attorney Oscar Jordan and Deputy City Clerk Diane Northrop. Alderman Gill was temporarily absent and City Clerk Adrienne Howell was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Accept recommendation to temporarily promote Gerald Groue to Water Supervisor at Band 7/Step 1 ($15.42) and to temporarily promote Mike Hungerford to Asst. Water Supervisor at Band 6/Step 1 ($13.56), due to current status of Water Supervisor, John Russell:

(Groue/Hungerford Letter)

Accept recommendation to place William Joiner, Building and Grounds Maintenance for City Rental Facilities, on permanent employment status, effective April 18, 2001, and place him at Band 2/Step 7 ($9.87):

(Joiner permanent letter)

Motion by Cody, seconded by Jalanivich, to approve the Consent Agenda as presented.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Gill

At this time Alderman Cosper read aloud the following statement:

(Cosper Statement re: personnel issues relating to consent agenda item)

Motion by Garrard, seconded by Cody, to accept the statement read by Alderman Cosper and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

(Moran Documents – 405 Cleveland Ave.)

Motion by Jalanivich, seconded by Garrard, to accept the Planning Commission’s earlier recommendation to grant Shannon Moran a lot split for her property at 405 Cleveland Ave and allow her to proceed with construction of a new home based upon the site plan with a 64 ft. front yard setback.

Billy Guice, legal counsel for Susie Moran, asked that the Board approve a lot split with an 89 ft. front yard width and 75 ft. front yard setback, with entrance at the rear of the property from Williams Ave., or he asked that the Board turn down Shannon Moran’s request. He advised the City that litigation would ensue if the request for lot split was approved as presented in the motion.

Shannon Moran and Susie Moran were both asked if they would agree to split the difference and increase the front yard set back by 5 ft. Susie Moran stated she reluctantly would agree to the compromise, but Shannon Moran stated she felt she had already made numerous concessions regarding her property and felt as though she should not have to make any further concessions.

Alderman Cody requested an executive session to ask a legal question, since this was a matter of potential litigation.

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

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

VOTING NAY Alderman Garrard

Motion by Cody, seconded by Jalanivich, to go into executive session to discuss a matter of potential litigation and excuse the clerk.

VOTING AYE ALL

VOTING NAY NONE

The Deputy City Clerk announced to the audience that the Board had elected to go into executive session to discuss a matter of potential litigation.

After approximately 10 minutes the executive session ended and the following motion was made.

Motion by McDonnell, seconded by Garrard, to resume the regular session.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth called for a vote on the previous motion to grant a lot split to Shannon Moran at 405 Cleveland Ave. The vote was as follows:

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

VOTING NAY Aldermen McDonnell and Cosper

Motion by Jalanivich, seconded by Gill, to allow Shannon Moran to remove the oak tree at the southeast corner of the building and replace it with three of the same species of tree.

Motion by Denyer to table the issue for discussion at another time, as he was not familiar with size of the tree and the ramifications of tree ordinance.

Motion by Gill, seconded by Cosper, to approve the docket of claims, excluding the invoices from Moran, Seymour and Associates.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Garrard, to table the invoice from Joe Gill, LLC until the next meeting.

VOTING AYE Alderman Jalanivich, Garrard, Cody, Cosper and Denyer

VOTING NAY NONE

VOTING ABSTAINED Aldermen McDonnell and Denyer

(Solutions, Inc. Proposal)

Motion by Denyer, seconded by Jalanivich, to hire Solutions, Inc. to represent the City regarding the proposed recreation complex and that the Mayor use his discretion on the usage of this company.

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

VOTING NAY Aldermen Garrard and Cosper

Motion by Gill, seconded by Cody, to recess until 6:00 p.m. on Wednesday, April 18, 2001.

VOTING AYE ALL

VOTING NAY NONE

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City Clerk Mayor

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