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 September 7, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper, McKay and Gill, City Attorney Oscar Jordan and City Clerk Adrienne Howell.

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

At this time James McAllister of the St. Alphonsus’ Knights of Columbus proposed beautification projects at the Civic Center, Freedom Field and other City property wherein they would provide the plants and labor if the City would maintain them. Mr. McAllister was asked to work with the City Planner to present a proposal to the Board for consideration.

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

Approve minutes of Recess Meeting of August 17, 1999

Accept Police Report for July 1999 and the Police Reserve Reports for July and August 1999, and pay the stipend of $300.00 for each month

Accept Police Chief’s recommendation to accept the resignation of Det. Lt. Ken Wilson, effective September 24, 1999, and authorize him to begin the process to fill the vacancy:

(Wilson Retirement Resignation)

Accept Police Chief’s recommendation to place Ptn. Ronald "Jeff" Thomas on Band 4/Step 2 of the salary scale, effective his date of hire, September 20, 1999:

(Thomas Hire Letter)

Accept Police Chief’s recommendation to authorize the City Clerk to advertise for bids for (1) Vehicle Maintenance and Repairs and (2) Tire Repair and Replacements for Police Dept. vehicles:

(PC Letter re: Vehicle Maintenance & Tire Repair Bids)

Allow Det. Lt. Louis Miller and Capt. Mike Ducote to attend the class on First Responders, Hostage Negotiations at Camp Shelby on October 18-19, 1999 and pay all reasonable and actual expenses:

(Police Travel Letter)

Allow Officers Keith Havard and Ricky Jones to attend the course on Tactical Rappel in Meridian on October 18-19, 1999, and pay all reasonable and actual expenses:

(Police Travel Letter)

Allow Officer Fred Paetow to attend the course on T-Cap Criminal Patrol in Meridian on September 20-24, 1999, and pay all reasonable and actual expenses:

(Police Travel Letter)

Allow Ptn. Mark Spicer to attend the D.A.R.E. Officer Middle School/Junior High School Training Course in Louisville, MS, on September 14-16, 1999, and prepay the $200.00 tuition fee and pay all other reasonable and actual expenses:

(Police Travel Letter)

Allow Court Clerk Kristy Servov to attend the Municipal Court Clerk’s statewide training seminar in Jackson on September 8-9, 1999, and pay all reasonable and actual expenses:

(Police Travel Letter)

Accept Fire Report for August 1999 and Volunteer Fire Reports for July and August 1999

Allow Fire Fighter Terry Webb to attend the MS Fire Investigators Association fall seminar in Vicksburg on September 29-October 1, 1999, and prepay the $85.00 registration fee and pay all other reasonable and actual expenses:

(Fire Travel Letter)

Accept City Clerk’s recommendation to accept resignation of Accountant Jim Chapel, effective September 7, 1999, and authorize her to begin the process to fill the vacancy:

(Chapel Resignation Letter)

Accept City Clerk’s recommendation to place Jacqueline Tabb on permanent employee status with the City of Ocean Springs, effective September 1, 1999, and place her at B3/S2 of the salary scale ($9.30 per hour):

(Tabb Permanent Hire)

Accept City Clerk’s recommendation of September 3, 1999, to declare the attached list of items as "surplus and of no value to the City" and authorize their sale at the Jackson County auction on November 6, 1999:

(Surplus Auction List)

Accept Purchasing Agent’s memo of August 30, 1999, and approve the transfer of computer equipment from the Accounting and Planning offices to Parks and Recreation and from the City Clerk’s and Deputy City Clerk’s offices to the Fire Department:

(Fixed Assets Transfer)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 1 ($7,465.65) from Colonial Builders for construction services regarding the Senior Citizens Center:

(Colonial Invoice)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 1 ($44,299.35) from MLH, Inc. for alterations to the Ocean Springs City Courtroom:

(MLH Invoice)

Accept Architect Carl Germany’s recommendation to approve Pay Request No. 1 ($17,995.50) from Continental Roofing, Inc. for City Hall Roof Repairs:

(Continental Invoice)

Accept City Planner’s recommendation to refund $4,000.00 to Tom Hinkle for the Parks and Recreation Impact Fee paid regarding Park Place Subdivision:

(Park Place Refund)

Allow Building Official and City Planner to attend the Mississippi Association of Flood Plain Managers meeting in Jackson on September 22, 1999, and pay all reasonable and actual expenses:

(Flood Plain Travel)

Accept Building Report for August 1999

Authorize Mayor to sign answers regarding the following confirmation of title suits: (1) Billy I. Phipps vs. Muriel McKinstry Pages, ET AL, (2) Stanley W. Ellis vs. Barbara A. Griffin, ET AL, (3) Stanley W. Ellis vs. Frederick C. Church, ET AL

Accept City Attorney’s recommendation to pay the invoice from Attorney Joseph Q. White, Jr. in the amount of $125.00 for Deed of Trust Search regarding Louis R. Breland:

(White Invoice)

Pay City Attorney’s bill for August 1999 in the amount of $3242.29

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

(Docket Summary)

Items c and t were removed from the Consent Agenda for consideration later during the meeting.

Motion by McKay, seconded by Cosper, to approve the Consent Agenda, excluding items c and t.

VOTING AYE ALL

VOTING NAY NONE

(Street Recommendations)

Motion by Gill, seconded by McKay, to obtain a traffic engineering report on the streets recommended by the Police Chief, excluding Holcomb Blvd.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by McKay, seconded by Cody, to accept the Police Chief’s recommendation to accept the retirement resignation from Det. Lt. Ken Wilson, effective September 24, 1999, and authorize him to begin the process to fill the vacancy, and to send Mr. Wilson a letter of appreciation for his outstanding service to the City.

VOTING AYE ALL

VOTING NAY NONE

At this time Alderman Garrard read aloud the following letter and presented a proposal for the Board’s consideration for a new law enforcement complex for the City:

(Garrard’s Proposal)

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Jalanivich, to go into Executive Session to discuss the possible purchase of real property and personnel matters in the City Clerk’s office.

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 the possible purchase of real property and personnel matters in the City Clerk’s office.

After approximately 1 hour, 15 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Jalanivich, to execute the option on the piece of real estate presented.

VOTING AYE Aldermen Jalanivich, Garrard and McDonnell

VOTING NAY Aldermen Cody, Cosper, McKay and Gill

(Civil Defense Surplus)

Motion by Cody, seconded by McDonnell, to accept the Fire Chief’s recommendation to declare the list of items from the Civil Defense inventory "surplus and of no value to the City" and authorize their sale at the Jackson County auction on November 6, 1999.

VOTING AYE ALL

VOTING NAY NONE

(FYE 1999 Budget Amendments)

(Budget Amendment Order)

The City Clerk reported that a public hearing was held on August 30, 1999, regarding the proposed budget for FYE 2000. She submitted a list of attendees and reported that no written or oral comments were received from the audience. She advised the Board that an additional hearing should be held due to improper publication of the notice of tax increase.

(Hearing attendees)

Motion by Cody, seconded by McKay, to accept the City Clerk’s recommendation to schedule the public hearing and the adoption of the proposed Budget for FYE 2000 on September 15, 1999, at 7:00 p.m., and authorize the City Clerk to public said notice as required by law.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Gill, to promote Donna Laumeister to Water Meter Reader Supervisor, effective October 1, 1999, and place her on band 4/step 2 of the salary scale.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by McDonnell, to begin the Meter Reader position at band 2/step 2 of the salary scale, effective October 1, 1999.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to allow the City Clerk to hire a Water Billing Clerk as soon as possible.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to move the positions of Purchasing Agent and Accounting to band 6/step 1 of the salary scale, effective October 1, 1999.

VOTING AYE ALL

VOTING NAY NONE

(CE Rec: Sidewalk Bids)

Motion by McDonnell, seconded by Cody, to accept the City Engineer’s recommendation to award the bid for Sidewalk Improvements to Twin L. Construction, Inc. at a unit price of $25.00 per sq. yard with a total project price not to exceed $40,000.00.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Jalanivich, to put the Public Works Director in a supervisory capacity over the contractor to insure a minimal amount of inconvenience to the downtown merchants.

VOTING AYE ALL

VOTING NAY NONE

(Villa Crosswalk Letter)

Motion by McDonnell, seconded by McKay, to authorize the City Clerk to increase the budget for the Villa Maria Crosswalk project by $1,590.00.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cosper, to table the recommendation regarding the bids for the Halstead Rd. Tennis Courts until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

TEMPORARILY ABSENT AND NOT VOTING Alderman McKay

(Change Order #1 – Government St. Improvements)

Motion by Jalanivich, seconded by Cody, to accept the City Engineer’s recommendation to approve Change Order No. 1 for the Government St. Improvement Project at an approximate cost of $307,479.00.

VOTING AYE ALL

VOTING NAY NONE

(Other Civil Defense Items)

Motion by McDonnell, seconded by Cody, to authorize the Public Works Director to compile a list of the additional Civil Defense items at Public Works to be declared surplus and, with approval from the Mayor, to include them in the auction.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by McKay, to authorize the City Engineer and City Attorney to take the necessary steps to obtain an easement on the property owned by John J. Pilger at 115 Spanish Point.

VOTING AYE ALL

VOTING NAY NONE

(Kulpa Documents)

Motion by Cody, seconded by McDonnell, to accept the Building Official’s recommendation to grant a permit to Dr. Janus Kulpa for a bulkhead at 1408 Helmers Lane.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Gill, to table selection of an architectural firm to conduct the Historic Structure Survey of the Old Ocean Springs High School Auditorium until the next meeting.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Jalanivich, to authorize the City Planner to contact the five residents of Bryant Court to determine if they have any objections to changing their address numbers and try to work things out with them.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to erect the appropriate street signage on Bryant St. and Bryant Ct.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Garrard, seconded by McKay, to approve item t of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

(ADA Transition Plan)

Motion by Cody, seconded by McDonnell, to accept the ADA Transition Plan basic format as submitted by the Risk Manager and spread it upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

At this time Mayor Ainsworth opened the public hearing regarding the City’s intent to obtain a CAP Loan for Water System Improvements. City Clerk Adrienne Howell reported that she had received no written or verbal comments regarding the proposed loan. Mayor Ainsworth then solicited comments from the audience, however, none were received.

Motion by McKay, seconded by Gill, to close the public hearing and to authorize and approve the $500,000.00 CAP Loan with the Department of Economic and Community Development for Water System Improvements within the City of Ocean Springs.

VOTING AYE ALL

VOTING NAY NONE

(Senior Citizens Building)

Motion by Jalanivich, seconded by Gill, to accept the recommendation of Architect Carl Germany to approve Change Order No. 1 to the Senior Citizens Center Renovations Contract, for a total new contract price of $38,175.67.

VOTING AYE ALL

VOTING NAY NONE

Mr. Johnny White of 110 Shearwater requested an Executive Session with the Board to discuss his letter regarding the fence at 108 Shearwater Dr.

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

VOTING AYE Aldermen Garrard, McDonnell, Cody, McKay and Gill

VOTING NAY Aldermen Jalanivich and Cosper

Motion by Cody, seconded by Garrard, to go into Executive Session to hear the objections of Mr. Johnny White and excuse the City Clerk.

VOTING AYE ALL

VOTING NAY NONE

The City Clerk announced to the audience that the Board had elected to go into Executive Session to hear the objections of Mr. Johnny White.

After approximately 25 minutes the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

(Duckett’s letters)

Motion by McDonnell, seconded by McKay, to accept the letters from Alice Duckett of the Historic Preservation Commission for the record.

VOTING AYE ALL

VOTING NAY NONE

(White Letter to Board)

Motion by McDonnell, seconded by McKay, to accept the letter from Johnny White to the Mayor and Board of Aldermen dated September 7, 1999, for the record.

VOTING AYE ALL

VOTING NAY NONE

(White letter to Duckett)

Motion by McDonnell, seconded by McKay, to accept the letter from Johnny White to Alice Duckett dated August 31, 1999, for the record.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, that the Historic Preservation Commission work amongst themselves and in conjunction with the City Planner to develop a recommendation for an additional method of notification regarding applications for Certificates of Appropriateness.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, that the Mayor work with the Historic Preservation Commission to work out perceived problems with professionalism on the Commission.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McDonnell, to pave the parking area of Greyhound Stadium at a cost not to exceed $26,500.00.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by McDonnell, that the Board develop a list of streets to be paved and that the Public Works Director work with Jackson County regarding milling.

VOTING AYE ALL

VOTING NAY NONE

Patty Lel Morris complained that she was denied a permit to remove a hazardous oak tree on the east side of 810 I’berville Dr. and submitted the following letter to the Board.

(Morris Letter)

Motion by Garrard, seconded by McDonnell, to spread the letter from Patty Lel Morris upon the Minutes.

VOTING AYE ALL

VOTING NAY NONE

Motion by McDonnell, seconded by Cody, to authorize the Mayor to contact the City’s arborist for review of the oak tree on the east side of 810 I’berville Dr. and report back to the Mayor with a recommendation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

John Bennett with Jackson County C.A.S.A. requested $5,000.00 funding from the City for their program.

(Casa Letter)

Motion by McKay, seconded by Cody, to provide $5,000.00 funding for the Jackson County C.A.S.A. program in the FYE 2000 budget.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Ocean Springs Chamber of Commerce – Funding Request)

Motion by McDonnell, seconded by Cosper, to release the $5,000.00 budgeted in FYE 1999 to the Ocean Springs Chamber of Commerce for the Depot Restoration Project for bringing favorable notice to the City of Ocean Springs and promoting the general welfare of the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Alex Blevens of Cub Scout Pack 220)

Motion by Cosper, seconded by Jalanivich, to allow Cub Scout Pack 220 to use the Civic Center on February 12, 2000, for their annual Blue and Gold Banquet, if available, and to accept their offer to provide an in-kind service in lieu of paying the rental fee.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

No one addressed the Mayor and Board of Aldermen at this time.

ORDINANCE NO. 11 – 1999

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM R-5 TO R-3

Motion by Gill, seconded by Jalanivich, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

ORDINANCE NO. 12 – 1999

AN AMENDMENT TO ORDINANCE NO. 13-1976

REZONING PROPERTY HEREIN DESCRIBED FROM R-3 TO R-5

Motion by Gill, seconded by Jalanivich, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

ORDINANCE NO. 13 – 1999

AMENDMENT TO ORDINANCE 8-1970 AND

3-1996, BEING AN AMENDMENT WHICH ADOPTS

THE STANDARD ELECTRICAL CODE 1999 EDITION

OF THE NATIONAL ELECTRICAL CODE

Motion by Gill, seconded by Cody, to adopt the above and foregoing Ordinance.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Resolution – Subdivision Impact Fees)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by McDonnell, seconded by Gill, to request the appropriate power company to perform a lighting study at the entrance to Culeoka Subdivision, Phase IV on Ocean Springs/Vancleave Rd.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by Cody, seconded by McDonnell, to recess until 7:00 p.m. on September 15, 1999.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

______________________________ _____________________________

City Clerk Mayor

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Date Date