City Council Regular Meeting Agenda for Tuesday February 15, 2022

Click here for Special Meetings and AGENDA Previous Agendas BILOXI CITY COUNCIL MEETING Tuesday, February 15, 2022 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 -- Mayor to announce winners of the Mardi Gras Shoebox Float Competition. B. Departmental Report C. Council's Report 3. PUBLIC AGENDA Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA RESOLUTIONS ____________A. Resolution granting Conditional Use Approval, to authorize the establishment of an Outdoor Storage Facility (i.e., a 58-stall covered but unenclosed storage facility) inclusive of a building for maintenance and administration tasks for the express purpose of storing Recreational Vehicle (RV) units, upon two parcels collectively comprising 2.18 acres of land, identified as 939 Tommy Munro Drive. Case No. 22-009, Thom Newman II. Submitted by the Planning Commission {*-021522APC} Ward 6 ____________B. Resolution granting tax exemption pursuant to an Application filed by Community Bank of Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-021522CLEG} 5. CONSENT AGENDA ____________A. Resolution creating Capital Project No. 1092: Point Re-Development Program. Introduced by Mayor A.M. Gilich, Jr. {*-020122ACON} Tabled on February 1, 2022  February 15, 2022 Page |2 5. CONSENT AGENDA - Continued ____________B. Resolution authorizing entry into Professional Services Agreement with Machado Patano, PLLC for Capital Project No. 1092: Point Re- Development Program. Introduced by Mayor A.M. Gilich, Jr. {*-020122BCON} Tabled on February 1, 2022 ____________C. Resolution confirming and approving appointment of Deputy Clerk of the Municipal Court of the City of Biloxi, Mississippi and for related purposes. (Daniel Williams). Introduced by Mayor A.M. Gilich, Jr. {*-021522ACOURT} ____________D. Resolution acknowledging receipt of the Municipal Audit for Fiscal Year ending September 30, 2020. Introduced by Mayor A.M. Gilich, Jr. {*-021522AEXC} ____________E. Resolution authorizing settlement of worker's compensation claim regarding former employee Billie Sheppard. Introduced by Mayor A.M. Gilich, Jr. {*-021522ALEG} ____________F. Resolution authorizing abandonment and termination of Easement at Ellzey Place Subdivision. Introduced by Mayor A.M. Gilich, Jr. {*-021522BLEG} ____________G. Resolution authorizing submission of grant applications to Walmart by the City of Biloxi Police Department in the amount of $3,000 to be used for costs associated with an awards ceremony. Introduced by Mayor A.M. Gilich, Jr. {*-021522APD} ____________H. Resolution authorizing submission of a grant application to The United Stated Department of Justice through Division of Public Safety planning FY19 by the City of Biloxi Police Department. The amount of the grant will be determined upon review of the grant. Introduced by Mayor A.M. Gilich, Jr. {*-021522BPD} ____________I. Resolution authorizing submission of a grant application to The United Stated Department of Justice through Division of Public Safety planning FY20 by the City of Biloxi Police Department. The amount of the grant will be determined upon review of the grant. Introduced by Mayor A.M. Gilich, Jr. {*-021522CPD} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |3 5. CONSENT AGENDA-Continued ____________J. Resolution amending the police department budget for fiscal year ending September 30, 2022, and authorizing use of Federal Drug Forfeiture funds to purchase laptops, computers, patrol unit bed vaults, and Yamaha F250XB boat motor, in the mount of $34,237.69. Introduced by Mayor A.M. Gilich, Jr. {*-021522DPD} ____________K. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to recognize funds received from the Mississippi Department of Revenue pursuant to the provisions of the Mississippi Infrastructure Modernization Act of 2018 and allocate said funds into the municipal budget for Capital Project No. 9999: Funding. Introduced by Mayor A.M. Gilich, Jr. {*-021522ACON} ____________L. Resolution authorizing entry into Letter Agreement with Neel-Schaffer, Inc. for preparation of a U. S. Department of Transportation RAISE Grant Application in connection with Capital Project No. 913: Popps Ferry Extension and amending the municipal budget for fiscal year ending September 30, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-021522BCON} ____________M. Resolution authorizing Change Order No. Four (4) to Standard Form of Agreement with JE Talley Construction, Inc. for Capital Project No. 1033: Bayview Waterfront Restoration Project. Introduced by Mayor A.M. Gilich, Jr. {*-021522CCON} ____________N. Resolution authorizing Change Order No. One (1) to Standard Form of Agreement with Mandal's, Inc. for Zeta Project No. ZB001: Lighthouse Visitors Center Repair. Introduced by Mayor A.M. Gilich, Jr. {*-021522DCON} ____________O. Resolution authorizing Change Order No. Two (2) to Agreement between Owner and Contractor for Construction Contract with Gray Falcon Construction, LLC for Capital Project No. 1061: Small Craft to Oak Boardwalk. Introduced by Mayor A.M. Gilich, Jr. {*-021522ECON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |4 5. CONSENT AGENDA-Continued ____________P. Resolution authorizing payment to Harrison County, Mississippi for cost of materials associated with construction of a pavilion in connection with Capital Project No. 1044: Circle Park Upgrades. Introduced by Mayor A.M. Gilich, Jr. {*-021522FCON} ____________Q. Resolution authorizing renewal of the Management Agreement, by and between the City of Biloxi and Mardi Gras Museum, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-021522GCON} ____________R. Resolution authorizing entry into an Agreement regarding the New Main Entrance Roadway for the Mississippi Gulf Coast Community College, Harrison County Campus with Mississippi Gulf Coast Community College. Introduced by Mayor A.M. Gilich, Jr. {*-021522HCON} ____________S. Resolution authorizing the filing of an application for Federal Surface Transportation Program (“STP”) funding for MGCCC Entrance Road Intersection and committing the necessary non‐federal matching funds for said project, and assuring that City of Biloxi intends to follow project scheduling and development guidelines set forth by the Mississippi Gulf Coast Metropolitan Planning Organization (“MPO”) and the Mississippi Department of Transportation (“MDOT”) toward obligation of project and begin project in FY2023. Introduced by Mayor A.M. Gilich, Jr. {*-021522ICON} ____________T. Resolution authorizing entry into Lease Agreement with CB’s Jamaican Jerk, LLC for the lease of the first floor of the Old Biloxi Library. Introduced by Mayor A.M. Gilich, Jr. {*-021522JCON} ____________U. Resolution creating Capital Project No. 1093: Sports Complex Field Improvements. Introduced by Mayor A.M. Gilich, Jr. {*-021522KCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |5 5. CONSENT AGENDA-Continued ____________V. Resolution amending Resolution No. 776-21 authorizing entry into Letter Agreement for Professional Services with Machado Patano, PLLC in connection with repairs and upgrades to the playing fields at the AJ Holloway Sports Complex. Introduced by Mayor A.M. Gilich, Jr. {*-021522LCON} ____________W. Resolution rescinding Resolution No. 914-21 Resolution authorizing execution of Community College Workforce Training Application with Mississippi Gulf Coast Community College for reimbursement of training costs for the Biloxi Fire Department. Introduced by Mayor A.M. Gilich, Jr. {*-021522MCON} ____________X. Resolution authorizing execution of Community College Workforce Training Application with Mississippi Gulf Coast Community College for reimbursement of training costs for the Biloxi Fire Department. Introduced by Mayor A.M. Gilich, Jr. {*-021522NCON} ____________Y. Resolution authorizing Change Order No. Two (2) to Standard Form of Agreement with JE Talley Construction, Inc. for Capital Project No. 1085: Lighthouse Pier Parking. Introduced by Mayor A.M. Gilich, Jr. {*-021522OCON} ____________Z. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to close Capital Project No. 1071: Atkinson Road Traffic Study. Introduced by Mayor A.M. Gilich, Jr. {*-021522PCON} ____________AA. Resolution authorizing Change Order No. Nine (9) to the Construction Agreement with Necaise Brothers Construction Co., Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area STM1&2 (Project Nos. KG634 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-021522QCON} ____________BB. Resolution authorizing Change Order No. Ten (10) to the Construction Agreement with Necaise Brothers Construction Co., Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area STM1&2 (Project Nos. KG634 and K7112). Introduced by Mayor A.M. Gilich, Jr. {*-021522RCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |6 5. CONSENT AGENDA-Continued ____________CC. Resolution authorizing entry into Lease Agreement with Design Precast & Pipe, Inc. for the lease of a parcel of real property located on the Back Bay of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-021522SCON} ____________DD. Resolution requesting the assistance of the Biloxi Public School District in the repair of the pool filter at the Biloxi Natatorium. Introduced by Mayor A.M. Gilich, Jr. {*-021522TCON} ____________EE. Resolution declaring real property to be surplus and authorizing the sale thereof pursuant to Miss. Code Ann. §21-17-1(2)(a) and §57-7-1 (1972), as amended, and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-021522UCON} ____________FF. Resolution terminating Agreement with Axon Enterprise, Inc. for purchase of Taser units. Introduced by Mayor A.M. Gilich, Jr. {*-021522VCON} ____________GG. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to recognize funds received from Harrison County and allocate said funds into the municipal budget for Capital Project No. 1085: Lighthouse Pier Parking. Introduced by Mayor A.M. Gilich, Jr. {*-021522WCON} ____________HH. Resolution amending the municipal budget for fiscal year ending September 30, 2022, partially repay interim financing for Capital Project No. 1085: Lighthouse Pier Parking to the Economic Development Security Fund. Introduced by Mayor A.M. Gilich, Jr. {*-021522XCON} ____________II. Resolution authorizing submission of a Gulf Coast Restoration Fund grant application to the Mississippi Development Authority in connection with in connection with Capital Project No. 1068: Keegan Bayou Restoration. Introduced by Mayor A.M. Gilich, Jr. {*-021522YCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |7 5. CONSENT AGENDA-Continued ____________JJ. Resolution authorizing submission of a Gulf Coast Restoration Fund grant application to the Mississippi Development Authority in connection with Capital Project No. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-021522ZCON} ____________KK. Resolution amending the municipal budget for fiscal year ending September 30, 2022, partially repay interim financing for Capital Project No. 1090: Highway 90 Beautification to the Economic Development Security Fund. Introduced by Mayor A.M. Gilich, Jr. {*-021522AACON} ____________LL. Resolution authorizing the filing of an application for Federal Surface Transportation Program (“STP”) funding for Popps Ferry Extension Roadway Hwy 90 to Pass Road and committing the necessary non‐federal matching funds for said project, and assuring that City of Biloxi intends to follow project scheduling and development guidelines set forth by the Mississippi Gulf Coast Metropolitan Planning Organization (“MPO”) and the Mississippi Department of Transportation (“MDOT”) toward obligation of project and begin study in FY2023. Introduced by Mayor A.M. Gilich, Jr. {*-021522BBCON} ____________MM. Resolution Change Order No. Two (2) to Agreement for Construction Contract with Gulf Breeze Construction, Inc. for Capital Project No. 996: Keesler Gate Outside. Introduced by Mayor A.M. Gilich, Jr. {*-021522CCCON} ____________NN. Resolution authorizing entry into Special Event Agreement with Danny Pitalo d/b/a Gorenflo Bait & Tackle for the Gorenflo's 36th Annual Cobia Shootout to be held at Point Cadet Marina on April 23, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-021522DDCON} ____________OO. Resolution authorizing entry into Special Event Agreement with Danny Pitalo d/b/a Gorenflo Bait & Tackle for the Gorenflo's 36th Annual Cobia Tournament to be held at Point Cadet Marina from April 30, 2022 through May 1, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-021522EECON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |8 5. CONSENT AGENDA-Continued ____________PP. Resolution to approved and authorize the lowest and best quote received to furnish and install fencing at John Beck Park from Gulf Coast Fence in the total amount of $9,291.00. Funding: Capital Projects Budget. Introduced by Mayor A.M. Gilich, Jr. {*-021522APUR} ____________QQ. Resolution to approve and authorize the lowest and best quote received to furnish and install fencing at Doris Busch Park from Can't Be Beat Fence in the total amount of $24,080.26. Funding: Capital Projects Budget. Introduced by Mayor A.M. Gilich, Jr. {*-021522BPUR} ____________RR. Resolution to approve and authorize the lowest and best quote received for One Used Vehicle for Director Miller from Mandal Automotive in the total amount of $49,999.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-021522CPUR} 6. CODE ENFORCEMENT HEARINGS ____________A. Ancillary Capital, LLC, 1410F-06-075.000/218 Reynoir Street ____________B. Wilbert & Elizabeth Holland, 1410B-03-026.000/386 Lee Street ____________C. Wilbert & Elizabeth Holland, 1410B-03-027.000/386 Lee Street ____________D. Deborah S. Morris 1410E-04-038.000/0 Seal Avenue ____________7. ROUTINE AGENDA {*-021522RTN} SECTION ONE: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1410H-05-037.000 OWNED BY: Roy E. & Emily Gilmore- Estate DATE OF HEARING: February 1, 2022 B. CITY PARCEL NO.: 1310H-04-001.002 OWNED BY: Jones Enterprises, Inc. DATE OF HEARING: February 1, 2022 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  February 15, 2022 Page |9 7. ROUTINE AGENDA- Continued SECTION TWO: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1410G-03-117.000 OWNED BY: Geraldine F. Blessey, et al. ADDRESS: Post Office Box 814, Biloxi, MS 39533 CONTRACTOR: Gabriel Shabazz RESOLUTION NO.: 522-21 ASSESSMENT AMOUNT: $445.00 B. CITY PARCEL NO.: 1410J-05-040.000 OWNED BY: Gatha L. & Joe A. Gayden, Jr. ADDRESS: 159 Keller Avenue Biloxi, MS 39530 CONTRACTOR: AD&R RESOLUTION NO.: 561-21 ASSESSMENT AMOUNT: $2,715.00 C. CITY PARCEL NO.: 1410E-06-077.000 OWNED BY: Cynthia White ADDRESS: 257 Graham Avenue Biloxi, MS 39530 CONTRACTOR: AD&R, Inc. RESOLUTION NO.: 817-21 ASSESSMENT AMOUNT: $1,412.00 SECTION THREE: To authorize approval of the claims listed on the docket of claims No. 2022E-02, in the amount of $5,877,000.18, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION FOUR: To authorize approval of the claims listed on the docket of claims No. 01-2022, in the amount of $7,897,403.06 to Payroll, Fringes, Gaming Revenue, Property Tax, Court, DOR Tag, and PERS 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.