City Council Regular Meeting Agenda for Tuesday August 20, 2024

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, August 20, 2024 1:30 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi 1. AGENDA ORDER 2. PRESENTATION AGENDA A. Mayor’s Report B. Departmental Report C. Council's Report 3. PUBLIC AGENDA Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA ORDINANCES (First Reading) ____________A. Ordinance to amend Section 9-1-22 (a) of the Code of Ordinances pertaining to garbage collection and disposal fees. Introduced by Mayor A.M. Gilich, Jr. {*-082024AEXC} ____________B. Ordinance to grant the establishment of a PD-C: Planned Development - Commercial District Master Plan, coupled with a Preliminary Subdivision under the working title "Monarch Villas" and identified as 955 Motsie Road. Case No. 24-043, BE & JF Enterprises, LLC (owner) and Amanda Crose (applicant). Submitted by the Planning Commission. {*-082024APC} Ward 6 RESOLUTIONS ____________C. Resolution granting a Waiver of the one-year requirement for resubmittal of a SUBSTITUTE denied application of Case No. 24-033, BE & JF Enterprises, LLC (owner) and Amanda Crose (applicant), for a request for the establishment of a PD-I: Planned Development-Infill District Master Plan, coupled with a Preliminary Subdivision under the Title: Coral Breeze, upon a parcel identified as 1654 Beach Boulevard. Introduced by Mayor A.M. Gilich, Jr. {*-080624APCSUB} Ward 1 Tabled on August 6, 2024 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |2 4. POLICY AGENDA-Continued ____________D. Resolution on rehearing of July 16, 2024, Ordinance to amend the SUBSTITUTE geographical information system format zoning district map of the City of Biloxi, Mississippi, for the establishment of a PD-I: Planned Development- Infill District Master Plan, coupled with a Preliminary Subdivision under the Title: Coral Breeze, upon a parcel identified as 1654 Beach Boulevard. Case No. 24-033, BE & JF Enterprises, LLC (owner) and Amanda Crose (applicant). Introduced by Mayor A.M. Gilich, Jr. {*-080624BPCSUB} Ward 1 Tabled on August 6, 2024 ____________E. Resolution granting Conditional Use approval, to authorize an existing unit within a commercial building to be utilized as a Bar/Lounge, for property located within an NB Neighborhood Business, and identified by municipal address 2667 Pass Road. Case No. 24-044, MS Edgewater Square, LLC (owner) and Louis Leitenberger (applicant). Submitted by the Planning Commission. {*-082024BPC} Ward 5 ____________F. Resolution granting Conditional Use approval, to authorize an existing single-family residence, to be utilized as a Short-Term Rental, for property located within an RM-30 High-Density Multi-Family Residential zone, and identified by municipal address 1538 Beach Boulevard. Case No. 24-045, James George on behalf of Zydeco Properties of Louisiana, L.L.C. Submitted by the Planning Commission. {*-082024CPC} Ward 1 ____________G. Resolution granting Minor Subdivision Final Plat approval for a property site currently identified as 1195 Bayview Avenue (Tax Parcel No. 1310B-01- 002.00). Case No. 24-050, Cree Cantrell. Introduced by Mayor A.M. Gilich, Jr. {*-082024DPC} Ward 1 5. CONSENT AGENDA ____________A. Resolution authorizing self-funded employee group health insurance with Healthgram, VerusRx, and Mississippi Physician Care Network; and Unity Re, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-082024AHR} ____________B. Resolution authorizing UNUM Provident Corporation to offer to employees and administer Voluntary Life benefits and Long-Term Disability benefits for the City of Biloxi, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-082024BHR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |3 5. CONSENT AGENDA-Continued ____________C. Resolution authorizing Met Life Insurance to provide employees with dental insurance benefits. Introduced by Mayor A.M. Gilich, Jr. {*-082024CHR} ____________D. Resolution authorizing Met Life Insurance to provide employees with vision insurance benefits. Introduced by Mayor A.M. Gilich, Jr. {*-082024DHR} ____________E. Resolution authorizing Met Life Insurance to offer to employees and administer Voluntary Life Benefits for the City of Biloxi, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-082024EHR} ____________F. Resolution authorizing Colonial Life and Accident Insurance Company to provide and administer IRS Section 125 Cafeteria Plan for the City of Biloxi, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-082024FHR} ____________G. Resolution authorizing the group term life and accidental death and dismemberment insurance with Met Life Insurance. Introduced by Mayor A.M. Gilich, Jr. {*-082024GHR} ____________H. Resolution authorizing an increase of petty cash/change funds for fiscal year 2023/2024. Introduced by Mayor A.M. Gilich, Jr. {*-082024AADM} ____________I. Resolution accepting and committing match of a Mississippi Coast National Heritage Area grant for roofing and attendant repairs of the Old Brick House. Introduced by Mayor A.M. Gilich, Jr. {*-082024ACD} ____________J. Resolution authorizing the formal approval and implementation of the City of Biloxi Program for Public Information (PPI). Introduced by Mayor A.M. Gilich, Jr. {*-082024BCD} ____________K. Resolution amending the Fire Department budget for the fiscal year ending September 30, 2024, to transfer appropriations in the amount of $21,224.39 to be used to repair electrical issues on TK-2. Introduced by Mayor A.M. Gilich, Jr. {*-082024AFD} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |4 5. CONSENT AGENDA-Continued ____________L. Resolution accepting grant award from Mississippi Office of Homeland Security (24LE122B, GR124) and amending the Police Department Budget for fiscal year ending September 30, 2024, to recognize grant funds in the amount of $100,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-082024APD} ____________M. Resolution authorizing the lowest and best quote received for the replacement of the Hiller Park Pavilion Roof for use by Parks and Recreation from Argus Building Company in the total amount of $18,576.68. Funding: Parks and Recreation & Zeta Funds. Introduced by Mayor A.M. Gilich, Jr. {*-082024APUR} ____________N. Resolution authorizing the lowest and best advertised bid received for the purchase and installation of Upfit Equipment for Ten Patrol Vehicles from Dana Safety Supply, Inc. for use by the Police Department in the total amount of $137,115.80. Funding: Police Department Budget. Introduced by Mayor A.M. Gilich, Jr. {*-082024BPUR} ____________O. Resolution authorizing the lowest and best quote received for the purchase of Three Tents for use by Parks and Recreation from Tent and Table in the total amount of $10,611.09. Funding: Parks and Recreation Budget. Introduced by Mayor A.M. Gilich, Jr. {*-082024CPUR} ____________P. Resolution authorizing items be declared surplus and authorized to sell by GovDeals. Introduced by Mayor A.M. Gilich, Jr. {*-082024DPUR} ____________Q. Resolution authorizing the lowest and best quote received for the Hauling and Spreading of 6" of Fill Dirt over the old Hiller Park Tennis Court for use by Parks and Recreation from AD&R in the total amount of $15,900.00. Funding: Parks and Recreation Budget. Introduced by Mayor A.M. Gilich, Jr. {*-082024EPUR} ____________R. Resolution authorizing renewal of Palo Alto software from Metrix Solutions, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-082024ACON} ____________S. Resolution authorizing renewal of software subscriptions with Governmentjobs.com, Inc. d/b/a NeoGov and its subsidiary PowerDMS, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-082024BCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |5 5. CONSENT AGENDA-Continued ____________T. Resolution authorizing renewal of Attachments Resizing Agreement with KorTerra, Inc. for KorWeb. Introduced by Mayor A.M. Gilich, Jr. {*-082024CCON} ____________U. Resolution declaring real property located on Alice Drive to be surplus and authorizing the sale thereof pursuant to Miss. Code Ann. §21-17-1(2)(a), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-082024DCON} ____________V. Resolution declaring real property located off Pin Oak Drive to be surplus and authorizing the sale thereof pursuant to Miss. Code Ann. §21-17-1(2)(a), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-082024ECON} ____________W. Resolution declaring real property located on Bay Vista Drive to be surplus and authorizing the sale thereof pursuant to Miss. Code Ann. §21-17-1(2)(a), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-082024FCON} ____________X. Resolution amending the municipal budget for fiscal year ending September 30, 2024, to recognize additional funds to be reimbursed by Necaise Brothers Construction Company, Inc. connection with Capital Project 1117: Popps Ferry Extension Construction. Introduced by Mayor A.M. Gilich, Jr. {*-082024GCON} ____________Y. Resolution authorizing renewal of software agreement with Keytrak, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-082024HCON} ____________Z. Resolution accepting grant award from Mississippi Office of Homeland Security and amending the municipal budget for fiscal year ending September 30, 2024, to recognize grant funds into the budget established for the City of Biloxi Fire Department. Introduced by Mayor A.M. Gilich, Jr. {*-082024ICON} ____________AA. Resolution authorizing entry into Lease Agreement with Cresco, Inc. for the lease of an ice machine to be utilized by the Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-082024JCON} ____________BB. Resolution creating Capital Project No. 1120: North Biloxi Well Casing and amending the municipal budget for fiscal year ending September 30, 2024, to provide funding for said project. Introduced by Mayor A.M. Gilich, Jr. {*-082024KCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |6 5. CONSENT AGENDA-Continued ____________CC. Resolution authorizing entry into Sub-Award Modification No. 1 with the Mississippi Department of Environmental Quality (“MDEQ”) in connection with Capital Project Number 1096: Point Cadet Nearshore. Introduced by Mayor A.M. Gilich, Jr. {*-082024LCON} ____________DD. Resolution authorizing and accepting Change Order No. Thirty-One (31) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Areas BEA1, BEA2 and BEA3 (Project Nos. KG630 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-082024MCON} ____________EE. Resolution authorizing and accepting Change Order No. Thirty-Two (32) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Areas BEA1, BEA2 and BEA3 (Project Nos. KG630 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-082024NCON} ____________FF. Resolution authorizing entry into Digital Copier Service Agreements with South Mississippi Business Machines for the maintenance of copiers. Introduced by Mayor A.M. Gilich, Jr. {*-082024OCON} ____________GG. Resolution authorizing entry into Amended Second Amendment to Telecommunications Franchise/Use Agreement with Cellular South Real Estate, Inc. in connection with the location of telecommunications equipment atop the City’s Margaret Sherry Water Tower. Introduced by Mayor A.M. Gilich, Jr. {*-082024PCON} ____________HH. Resolution requesting the assistance of Harrison County in the repair of Monie Vista Drive in the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-082024QCON} ____________II. Resolution amending Resolution No. 187-24 authorizing renewal of an agreement with CivicPlus, LLC for the codification and maintenance of the City of Biloxi’s ordinances to properly classify expenses. Introduced by Mayor A.M. Gilich, Jr. {*-082024RCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |7 5. CONSENT AGENDA-Continued ____________JJ. Resolution approving payment of Final Pay Application No. Four (4) for Gulf Breeze Construction, Inc. in connection with Capital Project No. 1039: Main Street Crossing Upgrade. Introduced by Mayor A.M. Gilich, Jr. {*-082024SCON} ____________KK. Resolution amending the municipal budget for fiscal years ending September 30, 2024 to appropriate proceeds from General Obligation Bond, Series 2024, into Capital Project No. 1118: Purchase of 321 Division Street. Introduced by Mayor A.M. Gilich, Jr. {*-082024TCON} ____________LL. Resolution authorizing the retention of services from J.E. Borries, Inc. for the purposes of painting “No Wake Zone” signs at Point Cadet Marina and the Biloxi Small Craft Harbor. Introduced by Mayor A.M. Gilich, Jr. {*-082024UCON} 6. CODE ENFORCEMENT HEARINGS ____________A. Biloxi Investments LLC, 1410B-03-028.001/382 Lee Street ____________B. Biloxi Investments LLC, 1410G-02-008.000/251 Strangi Avenue ____________C. Coastal Development Group Inc., 1410I-06-123.000/408 Pearl Street ____________D. Cornerview LLC, 1110H-01-040.000/2348 Pass Road ____________E. Emmit & Mary Jane Davis, 1210F-01-087.000/2039 South Drive ____________F. John & Edith Garcia, 1410I-06-107.000/402 Clay Street ____________G. Anh & Tro Nguyen Et al., 1410C-03-077.000/364 Croesus Street ____________H. Uyen & Xuan Nguyen, 1410B-03-028.000/380 Lee Street ____________I. Laverne Seymour Et al., 1410G-04-002.000/361 Holley Street ____________J. Laverne Seymour Et al., 1410G-04-004.000/506 Marie Street ____________K. Bianca Taylor, 1410G-03-033.000/509 Austin Street ____________L. Martha T. Walker, 1410G-04-005.000/362 Bowen Street ____________M. Monolith Debt Strategies LLC, 1410F-01-045.000I674 Division Street 30-day extension on July 16, 2024 ____________N. Michael Clark Hester, 1110C-01-028.000/2592 Old Bay Road 14-day extension on August 6, 2024 ____________7. ROUTINE AGENDA {*-082024RTN} SECTION ONE: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1510L-02-119.000 OWNED BY: Ray Roy Ray, LLC DATE OF HEARING: August 6, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |8 7. ROUTINE AGENDA-Continued B. CITY PARCEL NO.: 1510L-02-135.000 OWNED BY: Ray Roy Ray, LLC DATE OF HEARING: August 6, 2023 SECTION TWO: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1410E-04-019.000 OWNED BY: Casa Luna Acquisitions LLC ADDRESS: 280 Tierra Blanca Avenue Oceanside, CA 92058 CONTRACTOR: Alan Taylor RESOLUTION NO.: 492-24 ASSESSMENT AMOUNT: $615.00 B. CITY PARCEL NO.: 1209E-02-136.000 OWNED BY: Colyar Frierson Estate ADDRESS: 2111 Rustwood Dr. Biloxi, MS 39531 CONTRACTOR: Dwayne Dillon RESOLUTION NO.: 492-24 ASSESSMENT AMOUNT: $515.00 C. CITY PARCEL NO.: 1410G-04-091.000 OWNED BY: State of Mississippi ADDRESS: P.O. Box 136 Jackson, MS 39205 CONTRACTOR: Gabriel Shabazz RESOLUTION NO.: 492-24 ASSESSMENT AMOUNT: $300.00 D. CITY PARCEL NO.: 1310H-03-057.000 OWNED BY: Stone Edge, LLC ADDRESS: 135 Leblanc Way NW Atlanta, GA 30327 CONTRACTOR: Alan Taylor RESOLUTION NO.: 620-23 ASSESSMENT AMOUNT: $565.00 E. CITY PARCEL NO.: 1410F-05.001.000 OWNED BY: US Small Business Administration ADDRESS: 200 W Santa Ana Blvd. Ste. 180 Santa Ana, CA 92701 CONTRACTOR: Sylvester Starks RESOLUTION NO.: 492-24 ASSESSMENT AMOUNT: $1,465.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  August 20, 2024 Page |9 7. ROUTINE AGENDA-Continued F. CITY PARCEL NO.: 1210I-01-009.000 OWNED BY: WTA, INC. ADDRESS: P.O. Box 206 Biloxi, MS 39533 CONTRACTOR: Lee Lett RESOLUTION NO.: 360-24 ASSESSMENT AMOUNT: $5,715.00 SECTION THREE: To authorize approval of the claims listed on the docket of claims No. 2024K-02, in the amount of $3,373,247.32, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION FOUR: To authorize approval of claims listed on the docket of claims No.7-2024, in the amount of $5,575,166.43, attached as Exhibit "B" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION FIVE: The foregoing warrants that are being approved cannot be released until funds have been received by the City of Biloxi and have been deposited into the bank. {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.