A Regular Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Ainsworth at 7:00 p.m. on February 6, 2001, at City Hall in the City of Ocean Springs. Present were Aldermen Garrard, McDonnell, Cody, Cosper, Denyer and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman Jalanivich was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

Approve Minutes of Regular Meeting of January 2, 2001

Approve Minutes of Recess Meeting of January 16, 2001

Approve Minutes of Special Call Meeting of January 30, 2001

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

(Docket Summary)

Accept Action Report

Accept recommendation to transfer $16,686.84 from the General Fund to the Park Commission Fund regarding Hurricane Georges expenses:

(Georges Transfer)

Accept Police Reports for November and December 2000

Accept Police Reserve Reports for November and December 2000 and pay stipends of $280.00 each

Allow Animal Control Officer James Catchot, Jr. to attend Mississippi Animal Control and Protection Association training seminar in Pearl, MS, on March 19-21, 2001, prepay the $285.00 registration fee and pay all other reasonable and actual expenses

Accept recommendation to hire Laura Lee Farrell as Dispatcher, pending successful completion of all pre-employment requirements, and place her on six months probation:

(Farrell Hire Letter)

Accept recommendation to increase monthly salary of City Judge to $1,750.00 and City Prosecutor to $1,500.00:

(Judge/Prosecutor Salary Increase)

Accept recommendation to temporarily increase Det. Lt. Mary Brown’s hourly salary from $13.44 to $14.93, effective February 7-March 31, 2001:

(Brown Temporary Pay Increase)

Allow Capt. Pat Williams to attend 2^nd Annual Emergency Response Symposium at MS State Fire Academy on February 19-21, 2001, prepay the $100.00 registration fee and pay all other reasonable and actual expenses

Allow Fire Chief to attend Hiring and Background Investigations seminar in Biloxi on March 12-13, 2001, and prepay the $225.00 registration fee

Accept recommendation to return Lt. Jeff Ponson to Band 5/Step 9 ($30,307) of salary scale:

(Ponson Salary Change)

Allow Firefighter Derek Callender to attend Chemistry of Hazardous Materials –NFA at MS State Fire Academy on June 11-22, 2001, prepay the $350.00 registration fee and pay all other reasonable and actual expenses

Accept recommendation to approve Pay Request No. 1 from Coastal Piping, Inc. ($95,129.15) regarding Ocean Springs Sewer Expansion Phase I:

(Coastal Piping Invoice)

Accept recommendation to approve Pay Request No. 4 from Kappa Development & General Contracting ($12,586.50 Non-Federal Participating) regarding the Government St. Improvements Project (Bills Ave. to Pine St.):

(Kappa Invoice)

Accept recommendation to pay invoice from Graham Construction Co., Inc. ($3,855.60 – retainage) regarding sewer line relocation at the Halstead bridge:

(Graham Invoice)

Accept recommendation to pay invoice from Compton Engineering ($1176.88) regarding engineering services for water and sewer line relocation on Highway 90:

(Compton Invoice)

Accept donation of 2 oak trees and 5 magnolias from Joe Garrard and allow Public Works to remove the trees and plant them in appropriate places:

(Garrard Tree Donation)

Accept recommendation to approve Change Order No. 1 to Contracts D and E (Halstead Tank $15,994.00 and Civic Center Tank $7,621.00) with Southern Consultants, Inc. and submit to state under CAP Loan Program:

(Water Tower Change Order)

Accept recommendation to pay invoice from Twin L Construction ($23,688.18) regarding sidewalk/street repair:

(Twin L Invoice)

Accept recommendation to authorize Mayor to sign Consent Agreement with Environmental Protection Agency with regard to Compliance No. 2001-069 (upgrade of sanitary sewage system):

(EPA Agreement)

Allow City Planner to attend Mississippi Museum Association Conference in Ocean Springs on February 5, 2001, and prepay the registration and membership cost of $45.00

Allow City Planner to attend Coastal Development Strategies Conference in Biloxi on April 17-18, 2001, and pay all reasonable and actual costs associated with conference

Allow City Planner to take annual examination for AICP certification in Hattiesburg on May 12, 2001, prepay registration fee and pay all other reasonable and actual expenses

Accept Mayor’s recommendation to remove Police Chief Kerry Belk from probation and increase his annual salary by $1,000.00, and to increase Deputy Chief George Mulvaney’s annual salary by $1,000.00:

(Belk/Mulvaney salary increase)

Allow Mayor, City Attorney, City Engineer, Public Works Director and Alderman Cosper to travel to Washington, D.C. to meet with Mississippi Congressional Delegation on February 13-16, 2001, and pay all reasonable and actual expenses

Accept Architect Carl Germany’s recommendation to approve Application for Payment No. 5 from ReflecTech, Inc. ($950.00) regarding Police Station roof project:

(ReflecTech Invoice)

Accept Architect Carl Germany’s recommendation to approve Application for Payment No. 2 from MLH, Inc. ($49,347.00) regarding Community Center Floor:

(MLH Invoice)

Motion by Cody, seconded by Denyer, to approve the Consent Agenda, excluding items u, aa and cc.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Compton Invoice)

Motion by Cody, seconded by Denyer, to accept the Public Works Director’s recommendation to pay the invoice from Compton Engineering, P.A. in the amount of $8,718.00 for construction phase engineering services regarding the Hwy 90 utility relocation project.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Sign Invoice - EOC)

Motion by Cody, seconded by Denyer, to pay the Sales Order/Invoice from Creative Designs & Signs, Inc. in the amount of $688.20 for lettering on the Glenn Young, Sr. emergency management building.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Gill, seconded by Cody, to declare the property at 106 Niagra clean and to discontinue the lot cleaning process.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Garrard, seconded by Denyer, to refer the lot cleaning of 1128 to the Planning Dept. to obtain quotes for repair of the garage and roof and for cleaning the yard.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Adams Resignation)

Motion by Garrard, seconded by Cody, to accept the Police Chief’s recommendation to accept the resignation of Dispatcher Melanie Nabb Adams, effective January 23, 2001, and authorize him to begin the process to fill the vacancy.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Moratorium – Telecommunication Towers)

Motion by Denyer, seconded by Gill, to accept the City Planner’s recommendation to place a six month moratorium on permitting and construction of telecommunication towers for possible amendments to the ordinance, but to exclude the two pending applications from the moratorium.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Establishment of Community Court)

Motion by Cosper, seconded by Denyer, to endorse the concept and establishment of a Community Court as recommended by the City Planner.

VOTING AYE Aldermen Cosper and Denyer

VOTING NAY Aldermen Garrard, McDonnell, Cody and Gill

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by McDonnell, seconded by Cody, to request a recommendation in writing from the City Judge and City Prosecutor, with involvement from the City Planner and Code Enforcement Officer, regarding how a community court would be set up and run.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

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

Motion by Denyer, seconded by Garrard, to approve item aa of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(Gulf Coast Wireless – Telecommunication Tower at Ocean Springs/Vancleave Rd.)

Motion by Garrard, seconded by McDonnell, to approve the application of Gulf Coast Wireless to construct a 150 ft. telecommunication tower at Ocean Springs/Vancleave Rd. just north of the railroad tracks, contingent upon the acquisition of additional property and compliance with the setback requirements outlined in the zoning ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

ORDINANCE NO. 2 - 2001

AN ORDINANCE AMENDING ORDINANCE NO. 3-1989

SO AS TO PROVIDE FOR A DIFFERENT TIME OF THE

MEETINGS OF THE MAYOR AND BOARD OF ALDERMEN

OF THE CITY OF OCEAN SPRINGS, MISSISSIPPI

Motion by Garrard, seconded by Cosper, to adopt the above and foregoing ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

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

Motion by Garrard, seconded by McDonnell, to approve item cc of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

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

Motion by Cosper, seconded by Denyer, to approve item u of the Consent Agenda and to utilize the trees for improvements along Government St.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Garrard

ABSENT AND NOT VOTING Alderman Jalanivich

(OSHS Girls Fast-pitch Booster Club)

Motion by McDonnell, seconded by Denyer, to authorize the Mayor and Public Works Director to work out a slab for the improvements at the Ocean Springs High School softball field with Mr. Necaise, provided it fits into the budget.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Gill, seconded by Cosper, to authorize Singing River EPA to perform a street lighting study on Parktown Dr.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

(MS Power Co. Letter)

Motion by McDonnell, seconded by Cosper, to accept the recommendation of Mississippi Power Co. with regard to lighting improvements on Boise Bryant St.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman Cody

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Cosper, seconded by Denyer, to request Mississippi Power Co. to perform a street lighting study on the southeast corner of Halstead and Havard.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Claire Brou read aloud the following statement:

(Brou Statement re: Front Beach, ADA and Administrative Procedures)

Frank Dulany asked that the sports complex issues be publicly addressed. Mayor Ainsworth replied that some type of public forum on the issue would be scheduled in the near future.

(Perry Resignation)

Motion by Denyer, seconded by Gill, to accept the resignation of Election Commissioner Robert Perry.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Garrard, seconded by Cody, 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 Gill, to go into executive session to discuss litigation regarding the Bill of Exceptions filed by John Santopadre on behalf of Popeye’s Fried Chicken, and real property acquisition, and to excuse the 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 litigation regarding the Bill of Exceptions filed by John Santopadre on behalf of Popeye’s Fried Chicken, and real property acquisition.

After approximately 30 minutes the executive session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Garrard, seconded by McDonnell, to authorize the City Attorney to answer Popeye’s Fried Chicken Bill of Exceptions and employ someone to do research and drafting.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

Motion by Garrard, seconded by Cody, to recess until 6:00 p.m. on February 20, 2001.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Jalanivich

______________________________ _____________________________

City Clerk Mayor

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Date Date