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 May 15, 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.

Approve Minutes of Regular Meeting of May 1, 2001

Approve Minutes of Special Call Meeting of May 4, 2001

Accept Action Report

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

(Docket Summary)

Accept sole source proposal from Municipal Code Corporation for codification of 2000 ordinances at a total approximate cost of $2,772.00:

(Code Proposals)

Allow Karen Adams to attend Clerk’s Certification Training Program ($65.00) in Hattiesburg on May 17-18, 2001, and allow Jill McDonnell to attend 2001 Technical Assistance Program Seminar ($235.00) in Biloxi on May 30, 2001, prepay the registration fees and pay all other reasonable and actual expenses

Accept recommendation to adopt Resolution voiding 2000 Tax Sale of parcel no. 05403873.000 and refund purchaser amount paid at said sale:

(Tax Sale Resolution)

Accept recommendation to pay invoice from Mississippi Power Co. ($40,282.00) regarding relocation of poles on Groveland Rd. and amend FYE 2001 Budget as requested:

(MS Power Invoice)

Accept recommendation to hire Lisa M. Bradley as Patrol Officer upon successful completion of all pre-employment requirements and her release from the U.S. Air Force in July 2001:

(Bradley Hire Letter)

Allow Officers James Owens, Jr. and Scote Renfro to attend Standardized Field Sobriety Testing Training in Hattiesburg, on June 19-21, 2001, and pay all reasonable and actual expenses

Allow Capt. Lionel Cothern, Det. Scott Johnson and Ptn. John Flowers to attend "Metal-Tech 1400" training course in Tuscaloosa, AL, on June 5, 2001, and pay all reasonable and actual expenses

Allow Police Dept. to hold bicycle auction on Saturday, June 16, 2001, in Police Dept. Court Room and authorize City Clerk to advertise said auction

Authorize Fire Chief to apply for Mitigation Grant #1051-006 for storm shutters at Police Dept./EOC (approximate cost $2,500.00, grant to pay 75% of cost):

(Mitigation Grant)

Allow Fire Chief and Asst. Fire Chief to attend Fire Chief’s Conference in Gulfport on June 6-8, 2001, and prepay registration fee of $25.00 each

Allow Fire Chief to attend MEMA Conference in Biloxi on June 4-5, 2001, at no cost to the City

Accept recommendation to approve Pay Request No. 4 from Coastal Piping, Inc. ($59,382.83) regarding Ocean Springs Sewer Expansion Phase I:

(Coastal Piping Invoice)

Accept donation of two large holly bushes from Eleanor Nevels, 164 Bechtel Blvd., and authorize Public Works Director to perform the necessary tasks to remove them:

(Holly Bush Donation)

Accept recommendation to pay invoice from Twin L Construction ($2,632.02 – retainage) regarding sidewalk restoration:

(Twin L Invoice)

Accept recommendation to pay invoice from Twin L Construction ($9,264.00) for repair or replacement of curbs, gutters, streets and sidewalks due to rerouting of Lift Station 10 (Fort Bayou Estates):

(Twin L Invoice)

Accept recommendation to pay invoice from Compton Engineering, P.A. ($26,763.15) for construction phase services related to water and sewer relocation along Highway 90:

(Compton Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($428.40 – retainage) regarding work performed on Halstead Bridge:

(Graham Invoice)

Accept recommendation to accept resignation of Street Dept. Laborer Anthony Bosarge, effective May 4, 2001, and allow position to remain vacant until further notice:

(Bosarge Resignation)

Accept recommendation to pay two invoices from Fore Paving, Inc. for paving on Rayburn, Halstead and Hanley ($26,101.45) and paving Guilford Rd. and Ocean Springs Hospital parking lot regarding Lift Station 10 Bypass ($14,001.00):

(Fore Paving Invoice)

Accept recommendation to approve Pay Application No. 5 from Dependable Plumbing ($77,498.65) regarding Highway 90 Utility Relocation:

(Dependable Plumbing Invoice)

Accept Building Report for April 2001

Allow Building Official to attend 29^th Annual Building Officials Association of MS Conference in Biloxi on June 12-16, 2001, pay the $65.00 registration fee and pay all other reasonable and actual expenses

Pay City Attorney’s bill for April 2001 ($2,420.00)

Accept Mayor’s recommendation to increase City Planner’s annual salary by $2,000.00:

(Planner Salary Increase)

Allow Mayor to execute Answers regarding Confirmation of Title Suits: Emerson vs. Heller Financial, Inc. et al (parcel no. 05405922.000); and Denham & King, LTD vs. Metropolitan Development Co., Inc. et al (parcels no. 06050193.000, 06050196.000)

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

VOTING AYE ALL

VOTING NAY NONE

The City Clerk asked that items a (Gulf Coast Symphony) and c (Chamber of Commerce - Main St. Program Funding) under "New Business" be tabled until after June 30, 2001, due to the final quarter budget limitation.

Motion by Garrard, seconded by Denyer, to table items a and c until the next quarter.

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by McDonnell, to follow the normal routine in recessing due to the June 5, 2001, General Election.

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

VOTING NAY Aldermen Jalanivich and Garrard

Motion by Cody, seconded by Jalanivich, to erect stop signs at Lafayette and Simon.

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by Cody, to implement a burn ban in the City of Ocean Springs until such time as the burn ban enacted by the Jackson Co. Board of Supervisors is lifted.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Jalanivich

(Colonial Estates Water Letter)

Motion by Gill, seconded by Jalanivich, to enter the correspondence regarding the Colonial Estates water system into the minutes.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to authorize the Mayor or Public Works Director to return correspondence to M. E. Thompson, Jr., P.E., stating that the area in question would, at some time in the near future, be allowed City metered water.

VOTING AYE ALL

VOTING NAY NONE

(Lakeview S/D Documents)

Motion by Gill, seconded by Denyer, to accept the Planning Commission’s recommendation to grant Sketch Plat Approval to Lakeview Subdivision Phase IV.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

(Sleep Center Documents)

Motion by Jalanivich, seconded by Garrard, to accept the Planning Commission’s recommendation to grant a 10% variance from the parking requirements to Dr. Janice Miles for 1101 Nelson Dr., thereby reducing the number of required parking spaces from 9 to 8.

VOTING AYE ALL

VOTING NAY NONE

(St. Paul’s United Methodist Church COA)

Motion by Jalanivich, seconded by Garrard, to accept the recommendation of the Historic Preservation Commission with regard to the Certificate of Appropriateness for St. Paul’s United Methodist Church at 800 Porter Ave.

VOTING AYE ALL

VOTING NAY NONE

(MDOT Local Surface Transportation Program Agreement)

Motion by Jalanivich, seconded by Gill, to approve the amendment to the Local Surface Transportation Program Agreement between MDOT and the City of Ocean Springs and authorize the Mayor to execute it on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

Claire Brou requested that the thermostats in city buildings be adjusted to 78 degrees and that the air conditioners in city vehicles be used conservatively.

(Schaffner/Schmidt Resignations)

Motion by Garrard, seconded by Gill, to accept the resignations of Charles Schaffner from the Tree Committee and Richard Schmidt from the Park Commission and send them a letter of appreciation for their service to the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by Denyer, seconded by Cody, to appoint Bobby Dalgo to the Park Commission to fill the unexpired term of Richard Schmidt.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Denyer, to allow the Chamber of Commerce to explore how tourism tax funds are to be spent and to make a recommendation to the Board.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Denyer, to allow the Mayor the flexibility to work with any of our local landscape designers to develop a plan to landscape and sign the caboose, contingent upon the City Clerk finding an account with available funds.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to erect speed limits signs on Dewey Ave. from LaFontaine to Calhoun.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cosper, to authorize Mississippi Power Co. to perform a street lighting study at 204 Dewey Ave.

VOTING AYE ALL

VOTING NAY NONE

Annie Mae Watkins of 1703 West Railroad St. complained about the privacy fence going up on Monday at the new commercial development next to her. She complained that the fence would block her view so she would not be able to see anything.

Motion by Jalanivich, seconded by Gill, to hold up on a fence permit for the property adjacent to 1703 West Railroad St. until the issue is resolved.

VOTING AYE ALL

VOTING NAY NONE

Claire Brou asked what could be done to remove the broken down equipment at Ocean Springs Seafood to alleviate a hazard during hurricane season. She also requested speed limit signs or speed bumps be placed on Jackson Ave. due to speeding problems on her street.

Motion by McDonnell, seconded by Jalanivich, that the Police Chief check the speed limits signs on Jackson Ave.

VOTING AYE ALL

VOTING NAY NONE

Neil Gambler of the Fort Bayou Estates Civic Association asked about the status of the Fort Bayou boat ramp. The Mayor reported that the tideland funds had not yet been received by the City.

Doug Denehie presented the following petition for the Board’s consideration:

(Recreation Complex Petition – Wetlands Permit)

Motion by McDonnell, seconded by Jalanivich, to accept the petition submitted by Doug Denehie with the current signatures and allow additional signatures to be added as he brings them forth.

VOTING AYE ALL

VOTING NAY NONE

(McKay Letter – Sports Complex)

Motion by Jalanivich, seconded by Cody, to put the letter from District 5 Supervisor John McKay in the minutes.

VOTING AYE ALL

VOTING NAY NONE

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by McDonnell, to go into executive session to discuss a matter of potential litigation and a personnel matter.

VOTING AYE ALL

VOTING NAY NONE

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

After approximately 20 minutes the executive session ended.

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

VOTING AYE ALL

VOTING NAY NONE

(Canebrake S/D Documents)

Motion by Jalanivich, seconded by Gill, to accept the Planning Commission’s recommendation to grant Final Plat Approval to Canebrake Subdivision, contingent upon review by the City Clerk, Mayor and Public Works Director.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cosper, seconded by Jalanivich, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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