A Recess Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Pro Tem Jalanivich at 6:00 p.m. on August 21, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Mayor Ainsworth was temporarily absent.

Alderman Cody gave the Invocation.

Mayor Pro Tem Jalanivich led the Pledge of Allegiance.

Mayor Ainsworth was present at this time and assumed the Chair. Mayor Pro Tem Jalanivich assumed his position as Alderman and voted on all issues as indicated.

Motion by Jalanivich, seconded by Dalgo, to remove the request for asphalt paving projects for Pecan Park and Ocean Springs High School from the agenda.

VOTING AYE ALL

VOTING NAY NONE

Approve Minutes of Regular Meeting of August 7, 2001

Accept Action Report

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

(Docket Summary)

Authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action No. 2001-1622-GB, Alan H. Wood v. City of Ocean Springs, et al (Parcel No. 05408879.000)

Place Officer J. D. Owens on full-time status, effective August 20, 2001, and place him at Band 4/Step 2 of the salary scale:

(Owens full-time letter)

Accept resignation of Ptn. Delaney Waltman, effective August 24, 2001, and authorize Police Chief to begin process to fill vacancy:

(Waltman Resignation)

Accept Fire Report for July 2001

Allow Fire Chief to attend RAILTAC program on October 3-5, 2001, in Long Beach at no cost to City

Approve actions outlined in Fire Chief’s memo dated August 16, 2001, as follows:

Allow Fire Chief, Capt. Williams, Lt. Rogers and Louis Diamond of Diamond’s Fleet Service to travel to Ocalla, FL, to inspect new fire pumper at no charge to City

Authorize $55,728.40 down payment to Emergency One, Inc. from Fire Protection Funds for new fire pumper

Change payment schedule to 5 annual payments of $51,473.19 in arrears (4.99% interest)

Authorize Mayor and Fire Chief to sign lease/purchase paperwork:

(Fire Truck Letter)

Pay invoice from Twin L Construction ($1,029.50 – retainage) regarding sidewalk restoration:

(Twin L Invoice)

Pay invoice from Twin L Construction ($3,911.63) regarding Tropical Storm Allison repairs, pending receipt of FEMA funds:

(Twin L Invoice)

Pay invoices from Twin L Construction ($2,478.42 and $2,619.00) regarding sidewalk and street repairs:

(Twin L Invoice)

Pay invoice from Dependable Plumbing, Inc. ($101,383.18 – Contractor Estimate No. 7 and Final) regarding Hwy 90 Utilities Relocation, pending receipt of state aid funds:

(Dependable Plumbing Invoice)

Refund Sunrise Homes $308.00 for building permit for Lot 3 Autumn Ridge, as they decided not to build at this time:

(Permit Refund)

Refund Lifestyles 2000 $130.00 for overpayment of building permit for Lot 190 Bienville Place:

(Lifestyles Refund)

Accept recommendation to discontinue lot cleaning process regarding 613 Clark Ave., 443 Bills Ave. and 176 Linda Circle and spread recommendation upon the minutes:

(Lot Cleaning Memo)

Accept recommendation to grant Preliminary Plat Approval for Lakeview Subdivision Phase IV as outlined in City Planner’s memo dated August 15, 2001:

(Lakeview Documents – Wrigley)

Accept City Attorney’s recommendation to find that radio equipment identified in that certain letter of Fire Chief Mark Hare dated May 29, 2001, is hereby determined to be surplus equipment and that the same is hereby conveyed to the West Jackson County Amateur Radio Club in order to provide emergency communications and service under the provisions of Title 33, Chapter 15, Miss. Code of 1972:

(City Attorney Memo)

Pay City Attorney’s bill for July 2001 ($1,912.00)

Items b, f and q were removed from the Consent Agenda for further consideration.

Motion by Jalanivich, seconded by Gill, to approve the Consent Agenda, excluding items b, f and q.

VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Carvin, Dalgo and Gill

VOTING NAY Alderman Cody

(Leave & Education Policy Proposal)

Motion by McDonnell, seconded by Carvin, to adopt the Employee Leave and Education Policy and make it effective immediately.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Dalgo, to hold the DeMio/Russell cemetery problem over until a cemetery committee can meet with the Mayor, City Engineer and Mrs. Howell.

VOTING AYE ALL

VOTING NAY NONE

(Mayor’s memo re: Evergreen Cemetery Committee)

Motion by Jalanivich, seconded by Gill, to accept the Mayor’s recommendation to form a Cemetery Committee consisting of Alderman Cody as chairman and Aldermen Carvin and Lloyd, with technical assistance from the City Engineer and research assistance from the Deputy City Clerk.

VOTING AYE ALL

VOTING NAY NONE

(Something To Do Tours Invoice)

Motion by McDonnell, seconded by Carvin, to pay the invoice from Something To Do Tours in the amount of $6,500.00 with tourism tax funds.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Cody, seconded by Jalanivich, to approve item f of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

The Public Works Director reported that the City had received a check from FEMA in the amount of $78,000.00 regarding Tropical Storm Allison.

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

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

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth opened the lot cleaning hearing regarding 328 Teringo Circle. The City Clerk reported she had not received any written correspondence regarding the property. Neither the property owner nor a representative was present for the hearing. Mayor Ainsworth declared the hearing closed.

(Building Dept. Letter)

Motion by Jalanivich, seconded by Gill, to proceed at this time with the next step in the lot cleaning process for 328 Teringo Circle, but to review the property again and address the issue at the next meeting.

VOTING AYE ALL

VOTING NAY NONE

(Richerson Documents)

Motion by Gill, seconded by McDonnell, to deny the request of Gordon Richerson for removal of the sycamore tree at 2811 Lawnwood Dr.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item b of the Consent Agenda, the following motions were made:

Motion by Dalgo, seconded by Carvin, to remove items 2001/03/20-2, 2001/04/18-1, 2001/04/18-3, and 2001/05/01-1 from the August 21, 2001, Action Report.

VOTING AYE ALL

VOTING NAY NONE

Motion by Dalgo, seconded by Carvin, to approve item b of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

(Resolution – Memorializing Legislature to allow Ocean Springs to Increase Park Commission to maximum of seven)

Motion by Dalgo, seconded by Cody, to adopt the above and foregoing Resolution.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 7 - 2001

AN ORDINANCE AMENDING ORDINANCE NO. 4-1969 AS PREVIOUSLY

AMENDED BY ORDINANCE NO. 5-1995 AND NO. 5-1999 WHICH PROVIDE

FOR THE GOVERNING AND CONTROLLING THE STORAGE,

CONTAINERIZATION, PICKUP, DISPOSAL, DESTRUCTION AND DISPOSITION OF

RUBBISH, TRASH, KITCHEN WASTE, RESTAURANT WASTE, FOOD

CONTAINERS, PAPER, BAGS, FLOOR LITTER, SIDEWALK SWEEPING, CUT OR

FALLEN LEAVES, CUT GRASS, CUT WEEDS, HEDGE TRIMMINGS, SMALL TREE

TRIMMINGS, PAPER CONTAINERS OR OTHER REFUSE, ORIGINATING IN

DWELLING OR BUSINESS ESTABLISHMENTS OR ON THE SIDEWALKS OR

NEUTRAL GROUNDS ADJOINING SAID BUILDINGS, SAID 1995 AND 1999

AMENDMENTS PROVIDING FOR THE INCREASE OF FEES, ESTABLISHING A

RECYCLABLE PROCEDURE, DEFINING RECYCLING, AND FOR SIMILAR

RELATED CHANGES

Motion by Lloyd, seconded by Carvin, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 8 - 2001

AN AMENDMENT TO THE CODE OF ORDINANCES,

CITY OF OCEAN SPRINGS, AND ORDINANCE NO. 15-1998

REQUIRING A STOP SIGNS AT THE FOLLOWING INTERSECTIONS:

HOLCOMB BLVD. AND HUDSON ROAD

HOLCOMB BLVD. AND DAVIDSON ROAD

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

VOTING AYE Aldermen Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill

VOTING NAY Alderman Jalanivich

(Resolution/Interlocal Agreement Re: School Administration Building/Mary C. O’Keefe Roof)

Motion by Cody, seconded by Gill, to accept the City Attorney’s recommendation to ratify and adopt the Resolution and Interlocal Agreement with the Ocean Springs School District for payment of the lesser of $75,000.00 or ½ the cost for roof repairs to the School Administration Building/Mary C. O’Keefe Center.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Dalgo, to authorize the Mayor to execute the Interlocal Agreement on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Dalgo, to remove Southeastern Commercial Capital, Pine Island Golf Resort from the agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Carvin, to remove Police and Fire Safety Complex from the agenda.

VOTING AYE ALL

VOTING NAY NONE

Doug Denehie complained about the condition of the back yards on Alice St. The City Planner reported that the Code Enforcement Officer was working on getting the property owners to clean their yards.

(Fulton Resignation)

Motion by Carvin, seconded by Jalanivich, to accept the resignation of Mrs. C. B. Fulton from the Taxi Board and send her a letter of appreciation for her service to the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by Lloyd, seconded by Dalgo, to place all City employees under Civil Service and to authorize the City Attorney to draft the necessary ordinance.

VOTING AYE Aldermen Jalanivich, Lloyd, Cody, Carvin, Dalgo and Gill

VOTING NAY Alderman McDonnell

Motion by Carvin, seconded by Cody, to allow the Human Resource Director and Purchasing Agent to be the technical team to review Jackson County’s health insurance plan and report back to the Board with a recommendation on whether or not to join in with them.

VOTING AYE ALL

VOTING NAY NONE

Motion by Dalgo, seconded by Carvin, to implement a policy that the City Clerk inform Board members in a timely fashion of any current private sector contracts or services coming up for bid such as grass cutting, cell phones, insurance, etc.

VOTING AYE ALL

VOTING NAY NONE

(Mayor’s letter re: EMS Oversight Committee)

Motion by Jalanivich, seconded by Carvin, to appoint Alderman Cody to the EMS Oversight Committee to replace former alderman Joe Garrard.

VOTING AYE ALL

VOTING NAY NONE

(Audit/Finance Committee Letter)

Motion by Lloyd, seconded by Gill, to ratify and approve the Mayor’s recommendation with regard to the appointment of an Audit/Finance Committee.

VOTING AYE ALL

VOTING NAY NONE

(Joe Gill, LLC Invoice)

Motion by Jalanivich, seconded by McDonnell, to approve payment of the invoice from Joe Gill, LLC in the amount of $2,825.00 with regard to lobbying and the sports complex.

VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin and Dalgo

VOTING NAY NONE

VOTING ABSTAINED Alderman Gill

(Invoice for Sign Replacement)

Motion by Carvin, seconded by ______, to deny the request for replacement of the concrete footing for the sign at the Shell gas station on Highway 90.

Motion by Cody, seconded by Dalgo, to pay for the replacement of the concrete footing for the sign at the Shell Gas Station on Highway 90.

VOTING AYE Aldermen Jalanivich, Lloyd, McDonnell, Cody, Dalgo and Gill

VOTING NAY Alderman Carvin

Frank McCathran of 2514 Havard Rd. complained about the Board’s salary increase, the City’s $25,000.00 grant to the Ohr-O’Keefe Museum in Biloxi, and the cost of school taxes.

Doug Denehie complained that the school district spends too little on its athletic programs and felt it could hinder students from obtaining athletic scholarships.

Sgt. Laverm Young, a former Civil Service Commissioner, expressed his pleasure with the Board for reinstating all City positions into Civil Service. In another matter, he complained about the drainage and flooding problem at his house due to roadwork associated with the Highway 90 widening project. He asked the City to fix the problem or contact the responsible party.

Motion by Cody, seconded by McDonnell, to authorize the Public Works Director to contact the party responsible for creating the drainage problem at Laverm Young’s residence and to authorize the Risk Manager to contact the appropriate insurance carrier for a possible claim.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Carvin, seconded by Cody, to go into Executive Session to discuss the Moran litigation, a matter of potential litigation and personnel issues.

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 the Moran litigation, a matter of potential litigation and personnel issues.

After approximately 40 minutes the Executive Session ended.

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Carvin, to recess until 6:00 p.m. on August 30, 2001.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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Date Date