A Recess 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 20, 1999, at City Hall in the City of Ocean Springs. Present were Aldermen Jalanivich, Garrard, McDonnell, Cody, Cosper and McKay, City Attorney Oscar Jordan and City Clerk Sandra Jenkins. Alderman Gill was absent

Alderman Cody gave the Invocation.

Mayor Ainsworth led the Pledge of Allegiance.

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

Approve Minutes of Regular Meeting of July 6, 1999

Approve Minutes of Special Call Meeting of July 12, 1999

Accept June 1999 Police Report and Police Reserve Report and pay stipend of $320.00

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

Accept Police Chief’s recommendation to hire Susan Veronica Davis as Animal Control Officer upon successful completion of her pre-employment physical and drug screening, place her at Band 3/Step 2 ($9.30) of the salary scale, and place her on six months probation:******

Accept Police Chief’s request to use the Board Room on August 4, 1999, to hold City Court due to the remodeling of the Court Room

Accept Police Chief’s recommendation to promote Lt. Mike Ducote to the rank of Captain, effective immediately, and place him on one year’s probation:******

Accept Volunteer Fire Report for June 1999

Accept Fire Chief’s recommendation to hire Jason Scott Strahan, Corey Chaney and Jarod Coates as Fire Fighters and place them on one year probation:******

Accept City Clerk’s recommendation to adopt the Resolution of Interest regarding the $500,000 CAP Loan for water system improvements and authorize her to publish said resolution as required:********

Accept City Clerk’s recommendation to approve release of the $50.00 per diem for Election Commissioner’s Lee Johnson, Madeline Power and Robert Perry for attending the Election Commissioners’ Certification Training Session at Perkinston Campus on May 28, 1999

Accept City Clerk’s recommendation to approve release of the $9,676.00 cash escrow regarding Maurepas Landing Subdivision to LHF, Inc.:******

Accept City Planner’s recommendation to authorize him to solicit qualifications and cost estimates from architectural/engineering firms to conduct the work outlined in the Memorandum of Agreement with the Historic Preservation Commission Division of the Mississippi Department of Archives and History regarding the 1999 CLG Grant:*******

Accept Public Works Director’s recommendation to place Charles J. McDaniel on permanent employee status as a Laborer in the Sewer Dept. and place him on Band 1/Step 3 ($7.55) of the salary scale:*******

Accept Building Official’s recommendation to allow him to contact Civil Service to request the development of a new Clerk’s list

Accept Building Official’s recommendation to authorize the City Attorney to draft an amendment to the appropriate ordinance adopting the 1999 National Electrical Code

Accept Mayor’s recommendation to place Police Chief Mike Ezell on permanent employee status:********

Accept Mayor’s recommendation to place City Clerk Adrienne Howell on permanent employee status:*******

Accept Mayor’s recommendation to reimburse the City Attorney $94.00 of the $100.00 registration fee paid for the 1999 Summer Municipal Association Seminar held in Biloxi on June 30-July 1, 1999:*******

Pay City Attorney’s bill for June 1999 in the amount of $4,413.64

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

Items i, l, q and r were removed from the Consent Agenda for further consideration.

Motion by Jalanivich, seconded by Garrard, to approve the Consent Agenda, excluding items i, l, q and r.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cody, seconded by Garrard, to change Capt. Mike Ducote’s promotional probation from one year to six months as outlined in the Civil Service Manual.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Saunders Hire Letter)

Motion by Cody, seconded by Garrard, to accept the Police Chief’s recommendation to hire Teresa Saunders as Dispatcher, contingent upon successful completion of her pre-employment physical and drug screening, and to place her on six months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Fire Chief Mark Hare gave recognition to Lt. Art Hanson for his 21 years of service to the City.

Motion by Cody, seconded by McDonnell, 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 the Fire, Police, and City Clerk’s Departments, and litigation regarding Gautier’s annexation, and to excuse the City Clerk.

The City Clerk announced to the audience that the Board elected to go into Executive Session to discuss personnel matters in the Fire, Police, and City Clerk’s Departments, and litigation regarding Gautier’s annexation.

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

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(City Hall Roof Bids)

Motion by Garrard, seconded by Cody, to accept Architect Carl Germany’s recommendation to award the bid for City Hall Roofing to Continental Roofing, Inc. in the base bid amount of $19,995.00.

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

After some discussion regarding items q and r of the Consent Agenda, the following motion was made:

Motion by Jalanivich, seconded by Cody, to approve items q and r of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McKay, seconded by Jalanivich, that employees be provided group health insurance coverage after three months of employment instead of six, contingent upon the Mayor and City Attorney determining it’s legal.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

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

Motion by Cody, seconded by Garrard, to accept the Fire Chief’s recommendation to hire Corey Chaney and Jarod Coates as Fire Fighters and place them on 12 months probation.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McDonnell, seconded by Cody, to accept the City Engineer’s recommendation to authorize the City Clerk to advertise for bids for sidewalk improvements on Washington, Porter and Government Streets, including an addendum for repairing other necessary areas throughout the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Colmer/Stennis/Eastland Drainage )

Motion by Jalanivich, seconded by Cody, to accept the City Engineer’s recommendation to authorize the City Clerk to advertise for bids for the Colmer/Stennis/Eastland Drainage Improvements, with specifications to be provided by Moran, Seymour and Associates.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Westbrook Drainage Improvements)

Motion by Cody, seconded by McDonnell, to accept the City Engineer’s recommendation to allow the Public Works Department to purchase pipe to be installed across Westbrook at an estimated cost of $44,001.89.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Government St. Improvements)

Motion by Cody, seconded by McDonnell, to accept the City Engineer’s recommendation to award the Government Street Improvement Project to KAPPA Development & General Contracting, Inc. in the total amount of $1,737,418.50 and authorize the City Clerk to take the necessary action to forward to the Mississippi Department of Transportation the required 20% matching funds ($356,797.00) regarding the Government St. Improvement Project, STP-9064(4)/49-9064-00-004-10.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Wal-Mart Easement Diagram)

Motion by McKay, seconded by Garrard, to approve the City Engineer’s recommendation to obtain the necessary 30 ft. and 20 ft. easements beside the Wal-Mart SuperCenter, leaving a 55 ft. buffer zone, and install 150 feet of 6 ft. privacy fence in order to fix the Parktown drainage problem.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Villa Maria Crosswalk Update)

Motion by McDonnell, seconded by Garrard, to accept the City Engineer’s recommendation to approve installation of the Villa Maria Crosswalk traffic poles by Krol Electric, Inc., at a lump sum cost of $3,995.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Queen Elizabeth Change Order No. 1)

Motion by Garrard, seconded by Cody, to accept the City Engineer’s recommendation to approve Change Order No. 1 for the Queen Elizabeth Drainage Project in the amount of $9,254.50.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cody, seconded by McDonnell, to authorize the City Clerk to advertise for bids for the box culvert needed by Public Works for the Westbrook Drainage Project.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Inmate Program Letter)

Motion by McDonnell, seconded by Cody, to authorize Public Works to reimplement the inmate program in conjunction with the Mississippi Department of Corrections.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McKay, seconded by McDonnell, to authorize the Public Works Director to contact Jackson County to see if they are going to pave the path drive at Pecan Park School, and if not, that the City pave it.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McKay, seconded by Jalanivich, that the Public Works Director be authorized to widen Eagle Nest Rd. west where needed and fill in the potholes and anything else that’s out there, and do it in the manner that he sees fit.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Cody, seconded by Jalanivich, to recess the Regular Session and convene as the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Review Section Members present were Brad Bradford and Marshall Johnson. Richard Schmidt, David LaPointe and Angela Sanders were absent.

(Hamilton Documents)

Motion by Jalanivich, seconded by Cody, to accept the Review Section’s recommendation to grant a side yard variance to Carl Hamilton for Lot 17, Baywood Subdivision, as requested.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill and Members Schmidt, LaPointe and Sanders

(Pennell Documents)

Motion by Cody, seconded by Cosper, to grant a side yard variance to Louis Pennell for Lot 19, Chandeleur Place Subdivision as requested, with concurrence of the Zoning and Adjustment Board Review Section.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill and Members Schmidt, LaPointe and Sanders

(Westminster Homes Documents)

Motion by Cody, seconded by Garrard, to accept the Review Section’s recommendation to grant a front yard variance to Westminster Homes for Lot 56, Trentwood Subdivision, as requested.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill and Members Schmidt, LaPointe and Sanders

Motion by Jalanivich, seconded by Cody, to adjourn as the full Zoning and Adjustment Board and resume the Regular Session.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Garrard, seconded by Cody, to ratify the actions of the full Zoning and Adjustment Board.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Water & Sewer Line Location)

Motion by McKay, seconded by Cosper, to accept the Building Official’s recommendation regarding the location of copper wire along the top side of all premise water and sewer lines and authorize him to contact all plumbing contractors and notify all permit applicants of the requirement.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Jalanivich, seconded by McKay, to accept the easement from R.P.M. Pizza, Inc. (Domino’s Pizza) and authorize the City Clerk to file said easement in the land deed records of Jackson County.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by McKay, seconded by McDonnell, to oppose the rezoning of the 21 acres on Ocean Springs Rd. owned by Conrad Martin that abutts the City of Ocean Springs.

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

VOTING NAY NONE

VOTING ABSTAINED Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Gill

At this time Mayor Ainsworth opened the Public Hearing regarding the Motor Vehicle Assessment Schedule for FYE 2000. The City Clerk reported she had received no written comments regarding said schedule. After soliciting comments from the audience and receiving none, Mayor Ainsworth declared the public hearing closed.

(Resolution – Motor Vehicle Assessment Schedule)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Frank Rocker reported the garbage collection problems on Denny Ave. had been solved, but still complained of parking problems on the street. He requested the Board prohibit parking on either side of Denny Ave. The Mayor advised Mr. Rocker that the Police Chief was reviewing the matter.

Motion by Jalanivich, seconded by Garrard, to remove "Caboose Relocation" from the Agenda.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(HA Imports Letter/Jon Garner)

Motion by Jalanivich, seconded by McKay, to grant the request of H. A. Imports Warehouse for an extension of their "Going Out of Business" sale until September 8, 1999.

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

VOTING NAY Alderman Cody

ABSENT AND NOT VOTING Alderman Gill

(Rivers COA)

Motion by Garrard, seconded by Cosper, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Dwight Rivers at 1219 Sunset Dr.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

(Guillotte COA)

Motion by McDonnell, seconded by Cody, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for Linda Guillotte at 901 I’berville Dr. and allow her up to one year to remove the inappropriate material from her house.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Gill

Motion by Garrard, seconded by McDonnell, to approve release of the $1,500.00 budgeted in Community Promotion for the Key Arts Committee as the City’s matching grant funds to provide a mural for Downtown Ocean Springs.

VOTING AYE Alderman Garrard, McDonnell, Cody, Cosper and McKay

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Alderman Gill

A resident of Hammersmith Lane complained of an erosion problem at his residence.

At this time Glenn Young, Sr. announced his resignation as Civil Defense Director effective August 1, 1999.

Motion by McDonnell, seconded by Garrard, to accept the resignation of Civil Defense Director Glenn Young, Sr.

VOTING AYE Aldermen Garrard, McDonnell, Cody and Cosper

VOTING NAY Alderman Jalanivich

ABSENT AND NOT VOTING Aldermen McKay and Gill

Motion by Jalanivich, seconded by Cody, to rename the EOC building the "Glenn Young, Sr. Emergency Operations Center."

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen McKay and Gill

Motion by McDonnell, seconded by Cosper, to accept the City Attorney’s recommendation to approve the Answer in the confirmation of title suit styled "Lawrence Mitchell Capital Management Group Ltd. vs. City of Ocean Springs" and authorize the Mayor to sign said answer on behalf of the City, subject to the City Clerk confirming that no taxes are due on the property.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen McKay and Gill

(Gill Net Resolution)

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

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen McKay and Gill

Motion by Jalanivich, seconded by Cosper, to adjourn.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Aldermen McKay and Gill

_____________________________ ____________________________

City Clerk Mayor

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Date Date