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 October 5, 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 Mayor Ainsworth proclaimed October 1999 as "Domestic Violence Prevention Month" and presented the following Proclamation to Jane Milo of the Gulf Coast Women’s Center for Non-Violence.

(Domestic Violence Prevention Proclamation)

Cindy Ladnier, on behalf of residents of the Villa Maria, expressed their appreciation for the new crosswalk on Washington Ave.

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

Approve minutes of Recess Meeting of September 15, 1999

Approve minutes of Recess Meeting of September 21, 1999

Approve minutes of Special Call Meeting of September 28, 1999

Accept Police Report for August 1999

Allow Ptn. Scott Johnson to attend the class on "Less Than Lethal Shotgun Specialist" in Philadelphia, MS, on October 18-19, 1999, and prepay the $395.00 tuition and pay all other reasonable and actual expenses

Allow Capt. Mike Ducote, Lt. Ray Akins, Det. James Hagan, and Ptn. Scott Johnson, Rick Jones and Derek Hentges to attend the "Planning & Service of High Risk Warrants" course in Long Beach on November 8-10, 1999, and prepay the tuition fee of $200.00 per officer and pay all other reasonable and actual expenses

Allow Ptn. Mike Crebassa to attend the "Patrol Officers Response to Street Narcotics" course in Meridian on October 25-29, 1999, and pay all reasonable and actual expenses

Allow Ptn. Keith Havard to attend the "T-Cap Criminal Patrol" course in Meridian on October 18-22, 1999, and pay all reasonable and actual expenses

Accept Police Chief’s recommendation to hire Bruce David Spearnock, II and Christopher Wise as Patrol Officers upon successful completion of all pre-employment requirements and place them on 12 months probation:

(Spearnock & Wise Hire Letter)

Accept Police Chief’s recommendation to allow the Police Dept. to hold its annual bike auction on Saturday, November 6, 1999, at 10:00 a.m. and allow the City Clerk to advertise the auction as requested

Accept Fire Chief’s recommendation to accept the resignations from Fire Fighters Daniel Husley and John Massey and authorize him to begin the process to fill the vacancies:

(Husley & Massey Resignations)

Accept the Fire Chief’s recommendation of September 30, 1999, regarding Mississippi State Fire Academy Courses for the year 2000 and authorize prepayment of all course fees and payment of all reasonable and actual expenses for those attending:

Fire Course Letter)

Accept City Engineer’s recommendation to pay the invoice from McPhearson Construction Service, Inc. in the amount of $10,400.00 for completion of the Vietnam Veterans Memorial Sign:

(Memorial Sign Invoice)

Accept City Engineer’s recommendation to approve Pay Request No. 5 from X-Cel Construction, Inc. in the amount of $9,206.54 regarding the Queen Elizabeth Drainage Improvements:

(X-Cel Invoice)

Uphold Public Works Director’s action regarding the termination of John T. Keister, effective September 22, 1999:

(Keister Termination Letter)

Approve Public Works Director’s recommendation to hire Glenn Davis as Laborer in the Street Dept., effective October 4, 1999, at Band 1/Step 1 ($6.87) of the salary scale and place him on six months probation:

(Davis Hire Letter)

Approve Public Works Director’s recommendation to hire Curt Holder as Laborer in the Street Dept., effective October 4, 1999, at Band 1/Step 1 ($6.87) of the salary scale and place him on six months probation:

(Holder Hire Letter)

Approve Public Works Director’s recommendation of September 29, 1999, regarding "Position Vacancies" affecting Johnny Moore, Milton Williams, Gerald Wescovich, Karl Rosenstiehl, Ronald Ducksworth and Kenneth Ducksworth:

(Letter re: Position Vacancies)

Approve Public Works Director’s recommendation to hire Gary S. Hankins as Laborer in the Street Dept., effective October 4, 1999, at Band 1/Step 1 ($6.87) of the salary scale and place him on six months probation:

(Hankins Hire Letter)

Allow City Planner to attend Mississippi Main Street Association Annual Awards Luncheon in Jackson on November 8, 1999, and prepay the $20.00 luncheon fee and pay all other reasonable and actual expenses

Accept Building Report for September 1999

Accept Building Official’s letter of September 30, 1999, and grant authorization to the Mayor and City Planner for approval of the request from the Association of Floodplain Managers of Mississippi regarding the "Substantial Damage Estimating Team" to assist in the flooded Carolinas and/or Kentucky:

(BO Letter)

Authorize Russell Thompson to proceed with collection of the two overdue Water Dept. accounts through Jackson County Chancery Court and authorize payment of $270.00 to his trust account for filing fees and service of summons:

(Thompson Letter)

Authorize Mayor to sign Answer regarding confirmation of title suit styled "Eric Menhennett and David Wheeler vs. City of Ocean Springs, et al, if no taxes are owing to the City of Ocean Springs for the parcels in question

Accept Architect Germany’s recommendation to pay the invoice from J. O. Collins Contractor, Inc. in the amount of $36,564.30 regarding repairs to the Civic Center:

(Collins Invoice)

Accept Architect Germany’s recommendation to pay the invoice from Continental Roofing, Inc. in the amount of $1,999.50 for City Hall Roof:

(Continental Invoice)

Accept Architect Germany’s recommendation to pay the invoice from Colonial Builders in the amount of $17,362.59 for Senior Citizens Center Repairs:

(Colonial Invoice)

Accept Action Report

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

(Docket Invoice)

Item s was removed from the Consent Agenda, and items e, f, k, r and v were removed for further consideration.

Motion by McKay, seconded by Cody, to approve the Consent Agenda, excluding items e, f, k, r, s and v.

VOTING AYE ALL

VOTING NAY NONE

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

Motion by Garrard, seconded by McKay, to approve items e and f of the Consent Agenda.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to accept the Police Chief’s recommendation to approve the release of funds for the purchase of two new vehicles in the Police Dept.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill

VOTING NAY Alderman Garrard

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Garrard, to go into Executive Session to discuss the purchase of property, personnel matters within the Police Dept., and a matter of litigation.

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 purchase of property, personnel matters within the Police Dept., and a matter of litigation.

After approximately 1 hour, 25 minutes, the Executive Session ended and the following motion was made:

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

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to file an Answer opposing the City of Gautier’s annexation.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Cosper, to increase the Police Chief’s salary by $2,000.00 per year.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill

VOTING NAY Alderman Garrard

Motion by Cody, seconded by Jalanivich, to increase the City Clerk’s salary by $2,000.00 per year.

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by Jalanivich, to move the Asst. Police Chief from Band 8/Step 7 of the salary scale to Band 8/Step 8.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill

VOTING NAY Alderman Garrard

Motion by Cody, seconded by Jalanivich, to move the Asst. Fire Chief from Band 7/Step 8 of the salary scale to Band 7/Step 9.

VOTING AYE Aldermen Jalanivich, McDonnell, Cody, Cosper, McKay and Gill

VOTING NAY Alderman Garrard

(Extension - Option to Purchase Real Property)

Motion by Garrard, seconded by Jalanivich, to approve the First Addendum to the Option to Purchase Real Property and authorize the Mayor to sign it on behalf of the City.

VOTING AYE ALL

VOTING NAY NONE

(Proposed Changes to Wrecker Ordinance/Towing Services)

Motion by Jalanivich, seconded by McKay, to accept the changes to the proposed towing service ordinance as presented by the City Attorney.

VOTING AYE ALL

VOTING NAY NONE

After some discussion regarding item k of the Consent Agenda, the following motion was

made:

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

VOTING AYE ALL

VOTING NAY NONE

(Multistate Documents)

Motion by McKay, seconded by Cody, to deny the claim from Multistate Tax Associates, Inc., based upon information received from the Mississippi State Tax Commission, and to notify Multistate in writing, requesting they provide the sufficient information to substantiate their claim if they believe the claim is legitimate.

VOTING AYE ALL

VOTING NAY NONE

(Hancock Bank Note Payment)

Motion by Cody, seconded by McKay, to approve payment of the invoice from Hancock Bank in the amount of $26,291.67 regarding the $250,000.00 Drainage Notes.

VOTING AYE ALL

VOTING NAY NONE

(Change Order #1 – Government St. Improvements)

Motion by Cody, seconded by McDonnell, to accept the City Engineer’s recommendation to approve Change Order No. 1 to the Government St. Improvement Project in the amount of $280,833.45.

VOTING AYE ALL

VOTING NAY NONE

(Kappa Invoice re: Government St. Project)

Motion by Cody, seconded by Gill, to pay the invoice from Kappa Development and General Contracting, Inc. in the amount of $16,615.00 for non-participating items regarding the drainage portion of the Government St. Improvements Project.

VOTING AYE ALL

VOTING NAY NONE

(MSA Letter re: Utility Pole Installation/Relocation & Underground Utilities for Government St. Project)

Motion by Cody, seconded by Garrard, to approve the City Engineer’s recommendation regarding "Utility Pole Installation and Relocations and Underground Services in conjunction with the Government St. Improvement Project STP-9064(4)/49-9064-00-004-10."

VOTING AYE ALL

VOTING NAY NONE

(Payment # 1 – Industrial Park (Wal-mart SuperCenter) – non-participating items)

Motion by Cody, seconded by McKay, to accept the City Engineer’s recommendation to approve Pay Request No. 1 from Kappa Development & General Contracting, Inc. in the amount of $219,129.18 regarding the Industrial Park Drainage Improvement Project.

VOTING AYE ALL

VOTING NAY NONE

The City Engineer and Public Works Director requested they be allowed to use Graham Construction for both sanitary sewer and storm water sewer repairs at the hourly rates specified in their bid for the Sewer Line Rehabilitation Program. They advised the Board that the City Attorney had reviewed the specifications and advised them it was legal to do so.

Motion by Cody, seconded by Gill, to affirm the right of the City of Ocean Springs to utilize Graham Construction, at the hourly rates specified in their bid, for storm water sewer drainage on those elevations below 10 ft., as the specifications and bid of Graham Construction were for both storm water and sanitary sewer line rehabilitation.

VOTING AYE ALL

VOTING NAY NONE

Motion by McKay, seconded by Cody, to place the repair of the Indian Head statue as an item on the Action Report.

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to authorize the Public Works Director to place culvert in the ditch behind 119 Sunhaven Dr.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to approve payment of $50.00 for water certification fee for Gerald Grou.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to allow the City Planner to attend the Fall 1999 Meeting of the MS Chapter of the American Planning Association in Jackson on November 4-5, 1999, and prepay the $75.00 registration fee and pay all other reasonable and actual expenses.

VOTING AYE ALL

VOTING NAY NONE

City Planner Steven Lease requested the Board’s support in applying penalties outlined in the Historic Preservation Ordinance across the board to all individuals who violate the ordinance. The consensus of the Board was to follow the procedures outlined in the ordinance.

Motion by McKay, seconded by Jalanivich, to accept the City Planner’s recommendation to issue 2 digit street numbers to residents on Bryant Court and allow the street numbers on Bryant Circle to remain 3 digit numbers.

VOTING AYE ALL

VOTING NAY NONE

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

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Jalanivich, seconded by Cody, to authorize the Public Works Director to take whatever steps necessary to contact a local architect for preparation of a drawing for some type of bumper rail to be placed between the Senior Citizens Building and along the north wall of the Community Center.

VOTING AYE ALL

VOTING NAY NONE

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

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

VOTING AYE ALL

VOTING NAY NONE

Motion by Cody, seconded by McDonnell, to authorize the Mayor to contact the appropriate power company to perform a street lighting study of the 100 and 200 blocks of Woodland.

VOTING AYE ALL

VOTING NAY NONE

Motion by Gill, seconded by Cody, that the Mayor write a letter to Singing River EPA to notify them of Mississippi Power Company’s study and request they review the area on the east side of the Hwy 90 and Ocean Springs/Vancleave Rd. intersection.

VOTING AYE ALL

VOTING NAY NONE

Motion by Garrard, seconded by Cody, to accept the recommendation of Mississippi Power Co. to install one 100WHPS street light on Martin Luther King between Weed and Davis Streets.

VOTING AYE ALL

VOTING NAY NONE

ORDINANCE NO. 14 - 1999

AN AMENDMENT TO THE CODE OF ORDINANCES,

CITY OF OCEAN SPRINGS, AMENDING THOSE REGULATIONS

GOVERNING AND CONTROLLING THE OPERATION OF TOW

SERVICES WITHIN OCEAN SPRINGS

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

VOTING AYE ALL

VOTING NAY NONE

(Shipman Appeal re: COA)

(Shipman COA)

Motion by McDonnell, seconded by Jalanivich, to accept that portion of the Certificate of Appropriateness for Dan and Nita Shipman at 212 Washington Ave. regarding the greenhouse, but to reject the Historic Preservation Commission’s recommendation on the driveway and allow the driveway and parking area as requested by the Shipmans.

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

VOTING NAY Aldermen Cosper and McKay

(1699 Letter)

Motion by Jalanivich, seconded by Cody, to budget $2,500.00 for the 1699 Historical Committee for the annual Landing of d’Iberville for advertising and promoting the resources of the City of Ocean Springs.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by Cody, seconded by McKay, to appoint the City Planner, City Clerk, Public Works Director, and Mayor Ainsworth to the Selection Committee for the 2000 CDBG Grant.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Change Order for City Courtroom)

Motion by Jalanivich, seconded by Gill, to accept Architect Carl Germany’s recommendation to approve the change order for the Alterations to the Ocean Springs City Court Room Project in the amount of $1,760.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Change Order – Civic Center Repairs)

Motion by Gill, seconded by McDonnell, to approve a change order for the Ocean Springs Civic Center in the amount of $2,210.00 for repair of the porte cochere and sanding and painting the metal lintels only, for a total new contract sum of $62,010.00.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(St. Alphonsus School COA)

Motion by Jalanivich, seconded by McDonnell, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for St. Alphonsus School at 504 Jackson Ave.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(City of Ocean Springs COA)

Motion by McDonnell, seconded by Cody, to accept the recommendation of the Historic Preservation Commission regarding the Certificate of Appropriateness for the City of Ocean Springs regarding sidewalks in the area of Washington Ave. and Marshall Park.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Garden Club Letter)

Motion by Cosper, seconded by McDonnell, to provide $500.00 to the Gulf Coast Council of Garden Clubs for advertising and promoting the resources of the City of Ocean Springs during their Spring Pilgrimage on April 8, 2000.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by Gill, seconded by Cody, to remove the request of the Gulf Coast Opera Theatre, Inc. for community promotion funds for their program.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

(Letter re: Banner for St. Alphonsus Festival)

Motion by McKay, seconded by McDonnell, to allow a banner to be hung across Washington Ave. between Government St. and Porter Ave. as requested announcing the St. Alphonsus Fall Festival to be held on November 5-7, 1999.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Vicki Rhodes of the Ocean Springs Chamber of Commerce announced that the City of Ocean Springs would be featured in an issue of South Living and Gulf Coast & Louisiana Life magazines.

Britt Sandblom suggested the Board hold its Executive Sessions toward the end of the meeting.

Motion by McKay, seconded by McDonnell, to repair the directional signs downtown and paint them green to match the City Hall complex signs.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by Cosper, seconded by Cody, to authorize the City Clerk to review time clock systems for all departments in the City.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

Motion by Cody, seconded by McKay, to recess until 6:00 p.m. on October 13, 1999, to discuss potential property acquisitions and financing plans only.

VOTING AYE ALL

VOTING NAY NONE

ABSENT AND NOT VOTING Alderman Garrard

______________________________ _____________________________

City Clerk Mayor

________________ ________________

Date Date