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 July 6, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell. Alderman McKay was absent.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

At this time Joey Fountain, President of the Ocean Springs School Board, presented the proposed School District Budget for FYE 2000.

(School District Budget)

Motion by Cody, seconded by Jalanivich, to adopt the School District Budget for FYE 2000 as presented.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by Jalanivich, 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 McKay

Motion by Jalanivich, seconded by Cody, to go into Executive Session to discuss a personnel matter in the Public Works Department, litigation regarding Gautier’s annexation, and contract negotiations regarding garbage pickup and delivery, and to excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

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 Department, litigation regarding Gautier’s annexation, and contract negotiations regarding garbage pickup and delivery.

After approximately one hour the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

Motion by Cody, seconded by Jalanivich, to lift the suspension on Public Works Director Andre’ Kaufman effective immediately and place him on probation for one year.

VOTING AYE Aldermen Jalanivich, Garrard, McDonnell, Cody and Cosper

VOTING NAY Alderman Gill

ABSENT AND NOT VOTING Alderman McKay

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

Approve Minutes of Recess Meeting of June 15, 1999

Allow Police Chief to attend the Jackson County Chamber of Commerce’s 1999 Annual Planning Retreat in Biloxi on August 26-27, 1999, and prepay the $75.00 registration fee and pay all other reasonable and actual expenses

Accept Fire Report for June 1999

Accept Fire Chief’s recommendation to accept retirement resignation of Arthur Hansen, effective July 30, 1999, and allow him to begin the process to fill the vacancy immediately

Accept Fire Chief’s recommendation to place Firefighter Richard Bennett on permanent employee status with the City of Ocean Springs

Accept City Clerk’s recommendation to establish a separate $100.00 petty cash drawer for City Hall and convert the current petty cash drawer back to a working cash drawer in the Tax Department

Accept Moran, Seymour & Associates’ recommendation to approve Pay Request No. 2 from McPhearson Construction Services, Inc. in the amount of $43,156.80 for renovations to the Community Pier

Accept Moran, Seymour & Associates’ recommendation to approve Pay Request No. 2 from X-Cel Construction in the amount of $13,299.39 for construction services regarding the Queen Elizabeth Drainage Project

Accept Building Report for June 1999

Accept First Addendum to Non-Exclusive Franchise Agreement with DIGIPH PCS, Inc. and authorize Mayor to sign said addendum on behalf of the City

Authorize Mayor to execute answers regarding confirmation of title suits on Parcels No. 05402901.000, 05402902.000, 05402751.000, 05402134.000 and 05402127.000

Pay bill from Matthew G. Mestayer in the amount of $1,488.00 for services rendered as City Judge/Prosecuting Attorney Pro Tem from the period of March 24 - June 23, 1999

Pay City Attorney’s invoices for contract execution fees regarding the telecommunications leases for DIGIPH ($1,000.00) and Telepak d/b/a Cellular South ($500.00)

Accept Action Report

Pay Docket of Claims and spread docket summary upon the Minutes

Item b was removed from the Consent Agenda.

Motion by Garrard, seconded by Gill, to approve the Consent Agenda, excluding item b.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Killingsworth Hire Letter)

Motion by Cody, seconded by Jalanivich, to accept the City Clerk’s recommendation to hire Philip Killingsworth as Purchasing Agent, effective July 7, 1999, at Band 5/Step 2 ($12.07) and place him on six months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Amended Budget for FYE 1999)

Motion by Garrard, seconded by Cody, to adopt the Amended Budget for FYE 1999 as presented.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Order re: Budget Amendment)

(Bids: Hanley Rd. Turning Lanes)

Motion by Jalanivich, seconded by Cody, to accept the City Engineer’s recommendation to award the bid for the Hanley Rd./Government St. Turning Lanes to Twin L Construction in the amount of $77,777.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Bids: Hwy 90 Drainage Improvements - Wal-Mart SuperCenter/CDBG)

Motion by Cody, seconded by Garrard, to accept the City Engineer’s recommendation to award the base bid for the Highway 90 Drainage Improvements associated with the Wal-Mart SuperCenter to Kappa Development & General Contracting in the amount of $422,375.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(Bids: Hwy 90 Traffic Signal - Wal-Mart SuperCenter/CDBG)

Motion by Cody, seconded by Jalanivich, to accept the City Engineer’s recommendation to award the bid for the Highway 90 Traffic Signal Project associated with the Wal-Mart SuperCenter to B & B Utility Co. in the amount of $201,150.50.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman McKay

(MSA letter re: Cap Loan for Water Sys. Improvements)

Motion by Garrard, seconded by Jalanivich, to accept the City Engineer’s recommendation to allow him to proceed with a Cap Loan for Water System Improvements.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Zoning Regulations for Churches)

Motion by Jalanivich, seconded by Cosper, to accept the City Planner’s recommendation regarding the proposed changes to the Zoning Ordinance and authorize him to proceed with public hearings through the Planning Commission.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Weiss Pier Documents)

Motion by Jalanivich, seconded by McDonnell, to accept the Building Official’s recommendation to grant a permit to Dr. Ray Weiss for construction of a bulkhead and boat house at 302 LaSalle Court, based upon approval from the Department of Marine Resources.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Bids: Civic Center Renovations)

Motion by Jalanivich, seconded by Gill, to accept Architect Carl Germany’s recommendation to award the bid for Renovations to the Civic Center to J. O. Collins in the total amount of $59,800.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Bids: Senior Citizens Center Repairs)

Motion by Jalanivich, seconded by McDonnell, to accept Architect Carl Germany’s recommendation to award the bid for Repairs to the Senior Citizens Center to Colonial Builders in the total amount of $33,180.61.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Bids - Asbestos Abatement at Old High School/Mary C. O’Keefe Building)

Motion by Jalanivich, seconded by Cosper, to accept the recommendation of Power Management & Control, Inc. to award the bid for Asbestos Abatement for the Old High School Crawlspace to General Construction Services, Inc. total amount of $13,430.00, which includes the base bid and alternate no. 1.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

Motion by McDonnell, seconded by Jalanivich, to appoint Glenn Young, Sr. as Civil Defense Director for a period of 6 months and to explore other options when the new Civil Defense Director comes on board for Jackson County.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(H. A. Imports Letter)

Motion by Gill, seconded by Garrard, to approve a waiver of Sections 75-65-1 to 75-65-17 of the Mississippi Code of 1972, Annotated, for H. A. Imports’ "Going Out of Business" sale.

VOTING AYE Aldermen Garrard, McDonnell, Cosper and Gill

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Carl Hamilton - Refund of Escrow Funds Regarding Maurepas Landing S/D)

Motion by Garrard, seconded by Jalanivich, to refund the $9,500.00 cash escrow placed by Smith Construction regarding Maurepas Landing Subdivision as requested by the developer, Carl B. Hamilton.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Chamber of Commerce Letter)

Motion by Garrard, seconded by McDonnell, to release to the Ocean Springs Chamber of Commerce the City’s $5,321.00 of matching grant funds for the Tricentennial Celebration.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Coast Transit Authority - FY 2000 Budget Request)

Motion by McDonnell, seconded by Cosper, to approve the FYE 2000 budget request from Coast Transit Authority.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Owens Letter)

Motion by Jalanivich, seconded by McDonnell, to allow Gulf Coast Primary Care Center/Zeta Phi Beta Sorority to use the Senior Citizens Center on October 9, 1999, if available, for their Breast Cancer Awareness Seminar and to waive the rental fee.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Breland Documents)

Motion by Jalanivich, seconded by Gill, to accept the Planning Commission’s recommendation to approve the request of Louis Breland to rezone his property from R-1 to C-1 and to authorize the City Attorney to draft an amendment to the Zoning Ordinance to accomplish the change.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

(Resolutions: Motor Vehicle Assessment Schedule, City Tax Sale, School District Tax Sale)

Motion by Garrard, seconded by Gill to adopt the above and foregoing Resolutions.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

Claire Brou requested the City provide beach wheelchairs for public use and gave the Board a brochure about the item.

Motion by Gill, seconded by McDonnell, to authorize the Mayor to contact George French to see what type of agreement could be worked out with the City for writing grants and report back to the Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

Motion by Garrard, seconded by Jalanivich, to recess until July 20, 1999, at 7:00 p.m.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen Cody and McKay

______________________________ ______________________________

City Clerk Mayor

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