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 October 17, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Lloyd, McDonnell, Cody, Carvin, Dalgo and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

A moment of silence was observed in honor of Police Lt. Scott Johnson, who passed on October 16, 2001.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

At this time Mayor Ainsworth presented the following proclamation to Jane Philo declaring the month of October 2001 as Domestic Violence Awareness month.

(Proclamation)

Approve Minutes of Regular Meeting of October 2, 2001

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

(Docket Summary)

Accept report from City Clerk dated October 11, 2001, regarding issuance of purchase orders and spread it upon the minutes:

(Purchasing Procedure Memo)

Allow Fire Capt. Patrick Williams and Lt. Jeffery Ponson and Police Capt. Lionel Cothern and Det. Capt. Louis Miller to attend Principals of Emergency Management course in Jackson on November 7-9, 2001, and pay all reasonable and actual expenses to be reimbursed by MEMA

Accept recommendation to extend Sanitary and Storm Sewer Repairs contract with Graham Construction, Inc. for a period of one year and authorize Mayor to execute necessary documents:

(Graham Contract Extension)

Pay invoice from Graham Construction Co., Inc. ($923.40 – retainage) regarding sewer rehab work on Bechtel Blvd.:

(Graham Invoice)

Pay invoice from Graham Construction Co., Inc. ($128.00 – retainage) regarding sewer rehab work on Kensington Ave.:

(Graham Invoice)

Pay invoice from Graham Construction Co., Inc. ($1,188.65 – retainage) regarding sewer rehab work on Holly St.:

(Graham Invoice)

Pay invoice from Compton Engineering ($11,672.79) for Design Phase Services regarding Water and Sewer Relocation along Highway 90:

(Compton Invoice)

Pay invoice from Twin L Construction, Inc. ($9,419.40) regarding sidewalk repair on Doctor’s Dr. and Groveland Rd.:

(Twin L Invoice)

Accept Building Report for September 2001

Issue permit to Jay Rubenstein for dredging and construction of bulkhead and pier at 3100 Les Arbres Lane:

(Rubenstein Pier Documents)

Adopt Resolution Authorizing Submittal of Application and Commitment of Matching Funds for Mississippi Community Heritage Preservation Grant Program of Mississippi Dept. of Archives and History ($500,000.00 grant/$100,000.00 City match):

(Resolution)

Accept recommendation of Historic Preservation Commission to approve the following Certificates of Appropriateness:

Ocean Springs Church of Christ – 1116 Washington Ave.:

(Church of Christ COA)

Shirod Miller – 512 Martin Ave.:

(Miller COA)

Linda Guillotte – 901 I’berville Dr.:

(Guillotte COA)

Pay City Attorney’s bill for September 2001 ($2,100.00)

Transfer 1996 Ford Crown Victoria (VIN 2FALP71WXTX142582) from Supervision & Finance to Police Dept.:

(Mayor’s Vehicle Transfer)

Accept easement from John C. and Tilisha L. Pollina and authorize City Clerk to record in land deed records of Jackson Co.:

(Pollina Easement)

Items d, e, i and j were removed from the Consent Agenda for further consideration.

Motion by McDonnell, seconded by Gill, to approve the Consent Agenda, excluding items d, e, i and j.

VOTING AYE ALL

VOTING NAY NONE

At this time City Clerk Adrienne Howell read aloud the following letter from long-time Payroll Clerk Nancy Humes and asked that it be spread upon the minutes.

(Humes Letter)

Motion by Cody, seconded by Gill, to accept the letter from Nancy Humes and spread it upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

Alderman Lloyd expressed his anger over the recent newspaper article concerning the AH&L insurance issue and the resignation of Mrs. Humes. He reprimanded the newspaper and anyone else responsible for leaking the story and for the story being written in such a slanted way. He acknowledged that Mrs. Humes had done nothing wrong and that no one had questioned her. He stated that she was owed an apology and felt it should be printed in the newspaper. Other members of the Board concurred.

The City Clerk reported that she, the city auditor and the insurance agent of record had reviewed the letter from AH & L and supporting documentation and had determined that only $104,003.53 of the requested $108,064.38 was due. She explained that although the necessary payroll transfers had been made in a timely manner and the money was in the payroll clearing account, that AH & L had admittedly failed to bill the City for these premiums.

Motion by Dalgo, seconded by Cody, to authorize the City Clerk to send a check in the amount of $104,003.53 to AH & L for employee health insurance premiums.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth called for a 15-minute recess, after which time the Regular Session was resumed.

Connie Moran, on behalf of the Board of Directors of the Boys and Girls Club of Jackson Co., submitted the following letter and gave a presentation on the proposed construction of a facility in Ocean Springs. She requested financial support from the City in the total amount of $25,000.00 and asked that the City sponsor a $75,000.00 CDBG recreation grant for construction.

(Boys & Girls Club Proposal)

Motion by McDonnell, seconded by Cody, that the City Planner report back to the Board within 60 days with the parameters the City would be placed under by committing to the Boys & Girls Club facility project, the amount of money that could be obtained and the financial impact the City could be placed under if it assumes the facility.

VOTING AYE ALL

VOTING NAY NONE

John McClure of Kemp Associates, P.A., and Bruce Peshoff of Planning Works gave a presentation on the impact fee program with a timetable for the project. He asked for the Board’s input and recommendations on how to proceed.

Motion by Lloyd, seconded by Carvin, to hold a public hearing on the second phase of the impact fee program within 30 days, and to have the homebuilders present their side of the issue to the Board in writing 7 to 10 days in advance of the public hearing.

VOTING AYE ALL

VOTING NAY NONE

At this time the Board revisited item c of the Consent Agenda. After much discussion on the issue, the following motion was made.

Motion by Carvin, seconded by McDonnell, to accept item c of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to allow the Police Chief to report back to the Board with a recommendation to name some structure in memory of Lt. Scott Johnson.

VOTING AYE ALL

VOTING NAY NONE

Chief Hare presented the following memo and asked that it replace the October 11, 2001, memo regarding item d of the Consent Agenda.

(Fire Chief Memo – October 16, 2001)

After some discussion regarding item d of the Consent Agenda, the following motions were made.

Motion by McDonnell, seconded by Jalanivich, to accept item d of the Consent Agenda as requested in the Fire Chief’s memo of October 16, 2001.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Jalanivich, to allow Jill McDonnell to attend the HazMat I & II course at the Jackson County EOC on November 5-8, 2001, at no cost to the City.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to pay the $4,287.00 annual insurance premium on the new fire truck.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Carvin, to authorize the City Clerk to sign the Driver Exclusion form provided by National Liability and Fire stipulating that Firefighter Jarod Coates would not drive this insured vehicle.

VOTING AYE ALL

VOTING NAY NONE

(Ocean Springs Drainage Improvements Progress Report – Change Orders)

Motion by Cody, seconded by Lloyd, to approve the change orders regarding the Ocean Springs Drainage Improvements Project.

VOTING AYE ALL

VOTING NAY NONE

(Proposed Water Tank Relocation)

Motion by Jalanivich, seconded by Cody, to locate the new water tank at the Public Works facility at the southeast corner of the National Guard property.

VOTING AYE ALL

VOTING NAY NONE

Item e of the Consent Agenda was held over until the next meeting.

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

Motion by McDonnell, seconded by Jalanivich, to approve item i of the Consent Agenda upon receipt of DEQ funds.

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

VOTING NAY Alderman Cody

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

Motion by Lloyd, seconded by ________, to approve item j of the Consent Agenda.

Motion by Jalanivich, seconded by McDonnell, to approve item j of the Consent Agenda, if the expenditure is legal.

VOTING AYE Aldermen Jalanivich, Lloyd and McDonnell

VOTING NAY Aldermen Cody, Carvin, Dalgo and Gill

Item j of the Consent Agenda was held over until the next meeting.

The revised telecommunications ordinance was held over until the next meeting.

Motion by Carvin, seconded by Jalanivich, to remove the dead oak tree in the highway right-of-way at 1807 Highway 90 upon receipt of written permission from the Highway Dept.

VOTING AYE ALL

VOTING NAY NONE

The City Attorney submitted the following letter regarding privilege license for the sale of shrimp and other seafood products and reported that no action from the Board was necessary. He stated the other questions were matters that would have to be answered within that department.

(Shrimp/Seafood Sales)

(Proposed Amendment to Leave Policy – On the Job Injuries/Workers Comp)

Motion by Jalanivich, seconded by McDonnell, to accept the proposed amendment to the Employee Leave Policy as presented.

VOTING AYE ALL

VOTING NAY NONE

(Chamber Letter – Peter Anderson Arts Festival)

Motion by Jalanivich, seconded by Lloyd, to close Washington Ave. from Highway 90 to Calhoun St., and Government St. from Washington Ave. to State St. for the 23^rd Annual Peter Anderson Arts Festival on November 3-4, 2001, and on October 31, 2001, for the annual Trick or Treat Down the Street.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Jalanivich, to expend up to $900.00 for the use of the trolley to transport people from the parking lot on Highway 90 to the Peter Anderson Arts Festival.

VOTING AYE Aldermen Jalanivich, McDonnell and Dalgo

VOTING NAY Aldermen Lloyd, Cody, Carvin and Gill

Amy Wilson of 6705 Southwind Dr. requested St. Alphonsus be allowed to display a banner for their annual Fall Festival from Mohler’s Conoco across Washington Ave. from oak tree to oak tree.

Motion by Jalanivich, seconded by Gill, to allow St. Alphonsus to display a banner for their annual Fall Festival as requested.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Dalgo, to allow Public Works to put up the banner for St. Alphonsus.

VOTING AYE ALL

VOTING NAY NONE

(Lawnscape Invoice)

Motion by Carvin, seconded by Lloyd, to pay the invoice from Lawnscape in the amount of $1,130.00.

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

VOTING NAY Alderman Jalanivich

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

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

VOTING NAY Alderman Jalanivich

Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss personnel matters, acquisition of property and potential litigation.

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 personnel matters, acquisition of property and potential litigation.

After approximately 45 minutes the Executive Session ended and the following motion was made:

Motion by Cody, seconded by Jalanivich, to adjourn the Executive Session and resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Jalanivich, to accept the Fire Chief’s recommendation to terminate Firefighter Clinton Foster immediately and allow him to begin the process to fill the vacancy.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to allow the Public Works Director to proceed in the morning to close down the harbor bridge on General Pershing to all traffic and to install the appropriate signage redirecting traffic, and to authorize the Mayor to write a letter to Jackson County with documentation attached to have the bridge torn out and a new one erected.

VOTING AYE ALL

VOTING NAY NONE

Motion by Dalgo, seconded by Gill, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

______________________________ _____________________________

City Clerk Mayor

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