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 July 9, 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. Alderman Jalanivich was absent.

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

At this time Superintendent of Education Anna Hurt presented the Mayor and Board of Aldermen with the Ocean Springs School District Budget for FY 2001-2002.

(School Budget)

Motion by McDonnell, seconded by Dalgo, to accept the Ocean Springs School District Budget for FY 2001-2002 as presented by Superintendent Anna Hurt.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Approve Minutes of Recess Meeting of June 19, 2001

Approve Minutes of Special Call Meeting of June 28, 2001

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

(Docket Summary)

Accept Action Report

Accept recommendation to authorize Mayor to sign Answer to Complaint to Confirm Tax Title, Civil Action 2001-1342JB, Arnold Fountain, Jr. et al v. J. C. Peeples, et al

Accept recommendation to allow the following employee to attend the seminar, and pay all reasonable and actual expenses incurred therein:

Karen Adams, Accountant, to attend the Municipal Clerk’s Certification Training Program in Hattiesburg on September 13-14, 2001.

Accept recommendation to approve Resolutions:

Tax Sale – City Taxes:

(Tax Resolution – City)

Tax Sale – School District Tax:

(Tax Resolution – School)

Emergency Resolution – Postage:

(Postage Resolution)

Accept recommendation to promote James Washington to rank of Lieutenant, effective July 10, 2001, at Band 5/Step 2 ($12.55 hr.) and approve Keith Havard’s reassignment to FBI Safe Streets Task Force, effective July 10, 2001, as a replacement for Det. Capt. Louis Miller:

(Washington Promotion/Havard Task Force Letter)

Accept recommendation to allow the following employees to attend seminars, and pay all reasonable and actual expenses incurred therein:

Lts. Mary Brown, Chuck Jackson and Steve Futral to attend "Early Intervention Program – Employee Warning System" seminar on August 15-16, 2001 in Mobile, AL.

Det. John Flowers and Patrolman Julian Quiroz to attend "Undercover Investigations" School on July 23-August 3, 2001 at Naval Air Station in Meridian, MS.

Det. Scott Johnson, Lt. Steve Futral, Lt. James Washington and Patrolman Jason Krohn to attend "Death Investigations" training session at USA Brookley Center in Mobile, AL on July 24-27, 2001, ($25.00 registration).

Accept Fire Department Report for June 2001

Accept recommendation to allow the following employees to attend seminars, and pay all reasonable and actual expenses incurred therein:

Firefighter Rick Harris and Lt. Terry Webb to attend Fire Officer 1021-I-II course at MS State Fire Academy in Jackson on August 20-31, 2001, ($395.00 registration)

Accept recommendation to allow Fire Department to accept donation of one 1986 Chevrolet school bus from the Ocean Springs School System for the purpose of vehicle accident and extrication training:

(Bus Letter)

Accept recommendation to approve Pay Requests and release payment upon receipt of CAP Loan funds:

No. 4 from Pittsburg Tank and Tower Co. ($33,586.00) regarding Civic Center Tank:

(Pittsburg Invoice)

No. 3 from Pittsburg Tank and Tower Co. ($37,229.00) regarding Halstead:

(Pittsburg Invoice)

Accept recommendation to pay invoices:

Graham Construction Co., Inc. ($3,321.30 – retainage) for Lift Station 10 Bypass:

(Graham Invoice)

Graham Construction Co., Inc. ($765.90 – retainage) for Halstead Bridge:

(Graham Invoice)

Graham Construction Co., Inc. ($160.00 – retainage) for Forest Hill Dr.:

(Graham Invoice)

Graham Construction Co., Inc. ($1,152.00) for sewer line repairs on Kensington Ave.:

(Graham Invoice)

Graham Construction Co., Inc. ($1,116.55 - retainage) for Railroad Street work:

(Graham Invoice)

Graham Construction Co., Inc. ($8,310.60) for drainage repairs on Bechtel Blvd.:

(Graham Invoice)

Compton Engineering, P.A. ($4,174.97) for utility relocation on Hwy 90:

(Compton Invoice)

Accept recommendation to pay invoices:

Chris G. Gouras ($6,200.00) for CDBG Public Facilities Project No. 00-282-PF-01:

(Gouras Invoice)

Kemp and Associates for $7,500.00 each for months of April and May 2001 ($15,000.00) for Impact Fee Project:

(Kemp Invoice)

Kemp and Associates ($17,532.63 - final) for Comprehensive Plan:

(Kemp Invoice)

Digiscape ($674.00) for Internet services:

(Digiscape Invoice)

Accept recommendation of Ocean Springs Historic Preservation to approve Certificate of Appropriateness for Deb Gilbert at 610 Catchot Place:

(Gilbert COA)

Pay invoice from Architect Carl Germany ($2,042.00) regarding Police Station Roof:

(Germany Invoice)

Request Release of Community Promotion Funds:

Gulf Coast Symphony ($5,000.00):

(Symphony Letter)

1699 Historical Committee ($2,500.00):

(1699 Letter)

Ocean Springs Chamber of Commerce:

(Chamber Letter)

Accept Ocean Springs Police Reserve Report for May 2001

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

Motion by Gill, seconded by Cody, to approve the Consent Agenda, excluding item a.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Park Commission Agreement Letter – Security Personnel Expenses)

Motion by Carvin, seconded by Gill, to rescind the Order to provide financial support to the Park Commission for security personnel after the end of FYE 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Cody, seconded by Carvin, to pay the invoice from the Ocean Springs Park Commission for security personnel in the amount of $2,300.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

After some discussion regarding item a of the Consent Agenda, the following motion was made.

Motion by Dalgo, seconded by Gill, to approve the Minutes of the Recess Meeting of June 19, 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Tropical Storm Allison – FEMA Claims)

Motion by Gill, seconded by Cody, to accept the memo from the Public Works Director regarding Tropical Storm Allison and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Dalgo, seconded by Cody, to authorize the City Clerk to establish a separate fund entitled "Fund 008 – Storm Allison" for accounting purposes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Gill, seconded by Cody, to authorize the Public Works Director to proceed with obtaining cost estimates, with assistance from Moran, Seymour and Associates, for hazard mitigation regarding the lift station at Seapointe, the Ocean Springs Rd. problem, and the homes abutting the east side of Parktown along the drainage ditch.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Cody, seconded by Lloyd, that Gordon Richerson’s request for removal of a sycamore tree at 2811 Lawnwood Dr. be removed from the agenda for 30 days.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Beautification of Public Property – Parktown East Entrance Sign)

Motion by Gill, seconded by Cody, to approve $1,500.00 for an entrance sign and landscaping materials at the entrance of Parktown Subdivision.

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

VOTING NAY Alderman Lloyd

ABSENT AND NOT VOTING Alderman Jalanivich

(Park Commission – Impact Fee Expenditure)

Motion by Dalgo, seconded by Carvin, to authorize the release of recreation impact fee funds in the amount of $8,195.77, plus any additional interest accrued, for use in the development of Trentwood Park on Reilly Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

At this time Charles Rivers and Scott Lemon of Lemon-Mohler Insurance Agency requested they be designated as the City’s insurance agent of record. They complained that they did not have an opportunity to bid on the City’s health insurance because they did not receive the information necessary to submit a proposal. They stated that Blue Cross Blue Shield would not recognize an insurance agent of record letter at that time because of the amount of work that Mark Barhanovich of Stewart Sneed Hewes Insurance Agency had put into the project. Mr. Lemon stated Blue Cross Blue Shield suggested they wait 6-8 months after renewal to obtain an agent of record letter from the City.

City Clerk Adrienne Howell responded that she, Mark Barhanovich and the insurance committee had worked diligently to try to obtain the best insurance for the cost. She added, however, that Mark Barhanovich had been the agent of record for years for the City when Lemon-Mohler had come in at the last hour and attempted to have Mr. Barhanovich removed as agent of record. At that time Blue Cross Blue Shield submitted a letter stating it was improper for Lemon-Mohler to come in and try to take the contract from Mr. Barhanovich. Mrs. Howell asked Mr. Rivers and Mr. Lemon if they had notified Mr. Barhanovich of their attempt to have him removed as agent of record; they indicated they had not. She expressed her opposition to this improper conduct.

Motion by Lloyd, seconded by Cody, to postpone action on the request of Charles Rivers and Scott Lemon of Lemon-Mohler Insurance Agency until such time as a letter is received from Blue Cross Blue Shield stating their position on the agent of record issue.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Ryan Letter re: Beautification Plan for Pine Dr.)

Motion by McDonnell, seconded by Gill, to submit the beautification plan for Pine Dr. to the proper agencies for review and recommendation back to the Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

At this time Diane Holliday of 400 Ruskin Ave. addressed the Board regarding the development of Ocean Ave. by Dave and Mary Jensen. She complained of flooding problems, destruction of her fence, riprap and the inability to access her driveway, and requested removal of the drainage pipe putting water onto her property. She submitted a petition on behalf of Ruskin Ave. residents requesting Ocean Ave. be vacated.

Several Ruskin Ave. residents spoke in opposition to the development of Ocean Ave. as it is and asked that the road be developed according to code if it was to remain open.

John Green of 409 Ruskin asked the Board to take another look at the issue as he felt the City was not on firm legal ground. He referenced §21-27-1 of the Mississippi Code and a portion of a letter from the City Planner stating that once the road was installed, the improvements would remain public right-of-way and would not be considered a private drive.

When asked if the drainage pipe was causing damage to Mrs. Holliday’s property, the City Planner responded that in his opinion the pipe was placed at an angle that would not cause washing away of the structure.

Mary Jensen of 315 Front Beach Dr. gave a brief history of the project and stated that the work done on the road had been reviewed by the Dept. of Environmental Quality (DEQ), Corp of Engineers and the Dept. of Marine Resources (DMR) and was in compliance. She stated the only thing remaining was to place limestone on the road base. She added that the DEQ had suggested the location for the drainage pipe, which drains beyond the hill into a swamp and not onto Mrs. Holliday’s property.

(Petition re: vacating of Ocean Ave.)

Motion by Gill, seconded by Lloyd, to place the petition requesting the vacation of Ocean Ave. into the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Lloyd, seconded by McDonnell, to take no action on the remaining items concerning the Ocean Ave. issue

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Carvin, seconded by Cody, to move the stop sign on Holcomb Blvd. at Hudson Rd. approximately 50 ft. from the north side of Hudson to the south side of Hudson, turning the stop into a 3-way stop instead of a 4-way stop and to authorize the City Attorney to draft an amendment to the appropriate ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Singing River EPA – Reilly Rd.)

Motion by Gill, seconded by Cody, to add one 100-watt streetlight at 5625 Reilly Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Appointments were held over until the July 17, 2001, meeting.

Diane Holliday asked about traffic control devices on Ocean Ave. and complained she could not get out of her driveway.

Carla Beaugez welcomed the new Board members.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Cody, seconded by McDonnell, to go into executive session to discuss a personnel matter in the Public Works Dept. and to excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss a personnel matter in the Public Works Dept.

After approximately five minutes the executive session ended.

Motion by Cody, seconded by Carvin, to resume the regular session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Cody, seconded by Carvin, to terminate the employment of Richard Burns immediately.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Carvin, seconded by Gill, to recess until 6:00 p.m. on July 17, 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

______________________________ _____________________________

City Clerk Mayor

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