A Regular Meeting of the Mayor and Board of Aldermen of the City of Ocean Springs was called to order by Mayor Pro Tem Jalanivich at 7:00 p.m. on December 7, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Garrard, McDonnell, Cody, Cosper and McKay, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Mayor Ainsworth and Alderman Gill were absent. Mayor Pro Tem Jalanivich presided and did not vote on any matters unless otherwise indicated.

Alderman Cody gave the Invocation.

Mayor Pro Tem Jalanivich led the Pledge of Allegiance.

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 Gill

Motion by Cody, seconded by McDonnell, to go into Executive Session to discuss personnel matters in Public Safety and City Hall, and a matter of litigation, and to excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

The City Clerk announced to the audience that the Board had elected to go into Executive Session to discuss personnel matters in Public Safety and City Hall, and a matter of litigation.

After approximately 55 minutes the Executive Session ended and the Regular Session was resumed.

(Edwards Transfer Request)

Motion by Cody, seconded by McDonnell, to transfer Jennifer Edwards from the Tax Department to the Water Office Department and place her on six months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cody, seconded by Cosper, to authorize the City Clerk to fill the vacancy in the Tax Department.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

The next item taken up for consideration was the Consent Agenda:

Approve Minutes of Recess Meeting of November 16, 1999

Accept Police Report and Police Reserve Report for October 1999 and pay $300.00 stipend

Accept Police Chief’s recommendation to approve Charles Hanna as a Police Reservist for the City of Ocean Springs:

(Reservist Letter)

Accept Police Chief’s recommendation to hire Alfred James Orillion, III, as Patrol Officer, upon successful completion of all pre-employment requirements, and place him on 12 months probation:

(Orillion Hire Letter)

Allow Det. Lt. Ray Akins and Det. James Hagan to attend the "Death Scene Investigation" class in Biloxi on December 8, 1999, and pay the $159.00 per person registration fee and pay all other reasonable and actual expenses

Allow Ptn. Mark Spicer to attend the 40-Hours Basic School Resource Officer Course in Jackson on January 10-14, 2000, and prepay the $395.00 course fee and pay all other reasonable and actual expenses

Accept City Clerk’s recommendation to place Meter Reader Garry Johnson on permanent employee status and place him at Band 2/Step 2 ($8.18) of the salary scale, effective immediately:

(Johnson Permanent Letter)

Allow City Clerk or Deputy City Clerk to attend 1999 Certification Update for MS Municipal Clerks-Collectors in Jackson on December 8-10, 1999, and prepay the $60.00 registration fee and pay all other reasonable and actual expenses

Accept City Clerk’s recommendation to allow her to advertise for bids for office renovations at City Hall as outlined in her memo of December 1, 1999:

(City Hall Renovation Letter)

Accept City Clerk’s recommendation to amend the FYE 2000 Budget by increasing the Senior Citizen Capital Outlay by $13,500.00 and decreasing the General Fund Ending Balance by $13,500.00 to pay for completion of the Senior Citizens Center repairs:

(Budget Amendment)

Accept City Engineer’s recommendation to approve Pay Request No. 4 from McPhearson Construction Services, Inc., ($8.779.15) which represents retainage regarding the Community Pier Reconstruction Project:

(McPhearson Pay Request)

Accept City Engineer’s recommendation to convert to underground telephone, cable and electric utility services in conjunction with the Government St. Improvements Project at the locations outlined in his letter of November 30, 1999, for a grand total cost of $28,537.00:

(Underground Utilities Memo)

Accept City Engineer’s recommendation to direct the City Attorney to draft a Cross Connection Policy/Ordinance in accordance with the requirements of the Mississippi Department of Health, Division of Water Supply:

(Cross Connection Letter)

Accept City Engineer’s recommendation to approve the first and final pay request from Bowie River Construction, Inc. ($74,759.56) for construction services regarding District Lift Station No. 87:

(Bowie River Pay Request)

Accept City Engineer’s recommendation to approve payments to Kappa Development & General Contracting, Inc., regarding the Government St. Improvement Project for Pay Requests No. 3 ($3,498.00, Non-Federal Participating) for approved work on Pine St. and No. 2 ($22,309.00) for approved work associated with the construction of a 12" water line:

(Kappa Pay Request)

Allow Public Works Director to attend 2000 National Hurricane Conference in New Orleans, LA, on April 17-21, 2000, and prepay the $250.00 registration fee and pay all other reasonable and actual expenses (including lodging)

Accept Public Works Director’s recommendation to accept resignation of Street Dept. Laborer David N. Nash, effective November 19, 1999:

(Nash Resignation Letter)

Accept Public Works Director’s recommendation to pay invoice from Graham Construction Co., Inc. ($28,835.55) for sewer line repairs on Halstead Rd. as part of the Sewer Line Rehabilitation Program:

(Graham Invoice)

Accept Public Works Director’s recommendation to pay invoice from Graham Construction Co., Inc. ($9,392.40) for sewer line repairs on Halstead Rd. and that Hancor Pipe(Smith & Associates) be billed $10,436.00:

(Graham Invoice/Hancor Letter)

Accept Public Works Director’s recommendation of November 30, 1999, regarding Capital Equipment Bid Awards:

(PW Bid Award)

Accept Public Works Director’s recommendation to hire Ronald L. Saujon, Jr. as Street Dept. Laborer at Band 1/Step 1 ($6.87) of salary scale and place him on six months probation:

(Saujon Hire Letter)

Accept Public Works Director’s recommendation to pay invoices no. 99-1448 ($13,251.24) and 99-1453 ($3,232.13) from Twin L Construction, Inc. for sidewalk restoration on Washington Ave.:

(Twin L Invoices)

Accept Public Works Director’s recommendation to authorize the City Clerk to advertise for term bids for Recycled Asphalt (delivered, picked up), Concrete Products (delivered), Hot Mix Asphalt per ton (picked up), Hot Mix Asphalt (laid in place), Sewer Pumps, Sewer Panel Boxes, Fencing (chain link, wooden), and Corrugated Polyethylene Plastic Culvert and Fittings with specifications provided by Public Works

Accept Public Works Director’s recommendation to authorize the City Clerk to advertise for bids for the Water and Sewer Departments building projects as outlined in his memo of November 30, 1999:

(PW Building Projects Memo)

Accept Building Report for November 1999

Allow Building Official to obtain Flood Plain Manager Program Certification and pay all testing fees and all reasonable and actual expenses:

Accept Building Official’s recommendation to accept the park bench donated by Doug Deluca and send him a letter of appreciation for his donation:

Accept City Planner’s recommendation to accept resignation of Community Development Clerk Lorraine Andrews, effective November 24, 1999, and allow him to contact Civil Service to begin the process to fill the vacancy:

(Andrews resignation Letter)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 4 ($5,146.46) from Colonial Builders regarding repairs to the Senior Citizens Center:

(Colonial Pay Request)

Accept Action Report dated December 7, 1999

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

(Docket Summary)

Items d, l and x were removed from the Consent Agenda for further consideration.

Motion by Garrard, seconded by McKay, to approve the Consent Agenda, excluding items d, l and x.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

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

Motion by Garrard, seconded by Cody, to accept the Police Chief’s recommendation and hire Alfred James Orillion, III, as Patrol Officer, upon successful completion of all pre-employment requirements, at Band 4/Step 1 of the salary scale ($10.07) and place him on 12 months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(White Temporary Hire Letter)

Motion by Garrard, seconded by Cody, to accept the Fire Chief’s recommendation to hire Mike White at Band 2/Step 2 of the salary scale ($8.18) on a temporary basis for the duration of the Fire Clerk’s absence or 10 weeks, whichever comes first.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cosper, seconded by Garrard, to authorize time clocks in all departments.

VOTING AYE Aldermen Garrard, McDonnell and Cosper

VOTING NAY Aldermen Cody and McKay

ABSENT AND NOT VOTING Alderman Gill

The City Clerk announced that the final payment had been made on the Recreation property, that the authority to cancel the deed of trust had been sent to the Chancery Clerk’s office and that the promissory note had been returned to the City.

Motion by Cody, seconded by McDonnell, to authorize the Mayor to sign the Answer regarding the confirmation of title suit styled Hutchinson vs. City of Ocean Springs.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

The City Engineer reported that the sidewalk repair specifications were not adequate for concrete road repair and that a road repair project would have to be bid separately.

Motion by McKay, seconded by Cody, to authorize the City Clerk to advertise for bids for concrete road repairs with specifications provided the City Engineer.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

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

Motion by Garrard, seconded by Cody, to approve item l of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Mayfield Hire Letter)

Motion by McDonnell, seconded by Cosper, to accept the Public Works Director’s recommendation to hire Michael S. Mayfield as Laborer temporarily during his Christmas break during December 1999/January 2000.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Wallace Suspension)

Motion by Garrard, seconded by McDonnell, to accept the Public Works Director’s recommendation regarding disciplinary action for Thomas Wallace and spread the letter upon the minutes.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

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

Motion by Garrard, seconded by Cody, to approve item x of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McDonnell, seconded by Cody, to authorize the Public Works Director to contact Buddy Jummonville for a cost estimate to repair the Community Center wood flooring.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Gay Young expressed concern regarding ADA regulations and the recent sidewalk reconstruction on Washington Ave. He also expressed concern that sidewalks in newly developed subdivisions were not constructed in conformance with ADA guidelines or the City’s subdivision regulations.

Motion by McKay, seconded by Cody, to review the subdivisions that are still under warranty and, if the City has any recourse, to ask the developers to put the sidewalks in as required.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McDonnell, seconded by Garrard, to authorize Architect Carl Germany to research the types of restroom facilities that would blend in with the Little Children’s Park and Fort Maurepas and report back to the Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Resolution Authorizing Preparation & Submittal of Application for Funds from State of MS Dept. of Economic & Community Development)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Public Hearing Notice & Administrative Agreement - Gouras)

Motion by Garrard, seconded by Cody, to approve the Public Hearing Notice regarding the 2000 Community Development Block Grant and publish the notice as required, and to approve the Agreement for Consulting Services regarding the 2000 Community Development Block Grant and authorize the Mayor to sign said agreement on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Change Order #3 – Senior Citizens Building Renovations)

Motion by McDonnell, seconded by Cody, to accept Architect Carl Germany’s recommendation to approve Change Order No. 3 regarding the Senior Citizens Center Renovations in the amount of $1,613.25.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Tritel Communications – Antenna/Testing and Indemnity Agreements – Antennas on City Hall Water Tower)

Motion by McDonnell, seconded by Cody, to accept the City Attorney’s recommendation to approve the Entry and Testing Agreement and the Indemnity Agreement with Tritel Communications and authorize the Mayor to sign said agreements on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Marlene Walzer requested she be reimbursed the sewer fees she paid for 421 Bills Ave. prior to her sewer connection on October 15, 1999.

Motion by McKay, seconded by Cody, that the City Attorney be authorized to research the legality of the City issuing a refund to Marlene Walzer of any erroneous sewer fees paid for 421 Bills Ave. and that anything the City can legally repay we do.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Britt Sandblom thanked the Public Works Director for his coordination of the Washington Ave. sidewalk project with the downtown merchants.

Motion by Cody, seconded by McDonnell, to research the feasibility and cost of having a mold made of Crooked Feather and remaking him out of fiberglass and to contact Peter Toth to see if he can give the City any assistance with Crooked Feather before the City commits to go from wood to fiberglass.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cosper, seconded by Garrard, to authorize the Mayor to contact the appropriate power company for a street lighting study on Highway 90 to the City limits.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cosper, seconded by Cody, that Sue Ray write a letter to Singing River EPA and Mississippi Power Co. requesting they coordinate with each other to provide a written recommendation for necessary lighting improvements at the Highway 90 and Ocean Springs/Vancleave Rd. intersection.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Garrard, seconded by McDonnell, to authorize the City Attorney to review the sample vehicle policy and report back to the Board with a recommendation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McKay, seconded by Cody, to authorize the Mayor to contact the Ocean Springs School Board to request they reconsider charging the Ocean Springs Park Commission the $15.00 per hour fee for use of the Middle School.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

At this time Alderman McKay read aloud the following letter of resignation from his office as Ward 5 Alderman, to be effective December 29, 1999.

(McKay Resignation)

Motion by McKay, seconded by Cody, to recess until 7:00 p.m. on December 21, 1999.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

______________________________ _____________________________

City Clerk Mayor

________________ ________________

Date Date