City Council Regular Meeting Agenda for Tuesday July 11, 2023

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, July 11, 2023 6:00 p.m. Council Chambers, 2nd floor of City Hall 140 Lameuse Street, Biloxi, Mississippi INVOCATION 1. AGENDA ORDER 2. PRESENTATION AGENDA A. Mayor’s Report -- Report to the City Council on the Biloxi Travel Expense Credit Card (to be spread upon the Minutes of this meeting). 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 Sections 10.5-1-2 Unauthorized Commercial Solicitation and Use of Harbor Facilities and 10.5-2-1 (4) the Point Cadet Marina and the Biloxi Small Craft Harbor Berthing Rate Schedule. Introduced by Mayor A.M. Gilich, Jr. {*-071123ALEG} ORDINANCES (Second Reading) ____________B. Ordinance to amend the Biloxi Land Development Ordinance, specifically to SUBSTITUTE amend section 23-6-13(B)(4)c pertaining to the size of political signs and the time allowed to be erected. Case No. 23-044, City of Biloxi. Submitted by the Planning Commission. {*-062023APC} First reading on June 20, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |2 4. POLICY AGENDA ____________C. Ordinance to authorize a change in zoning district classification for a portion of a parcel of land currently split-zoned, from its present zoning district classification of NB Neighborhood Business and RB Regional Business to RB Regional Business, for a parcel presently identified as 12900 Old Highway 67. Case No. 23-048, W.S.G. Inc (owner) Don Parker (applicant). Submitted by the Planning Commission. {*-062023EPC} Ward 7 First reading on June 20, 2023 RESOLUTIONS ____________D. Resolution to appoint Nathan Barrett as President of the Biloxi City Council. Introduced by Council President Felix O. Gines. {*-071123ACOU} ____________E. Resolution to appoint Robert L. Deming III as Vice-President of the Biloxi City Council. Introduced by Council President Felix O. Gines. {*-071123BCOU} ____________F. Resolution Vacating an unimproved right-of-way running north & south between Pine Grove Avenue and Beach View Avenue. Case No. 23-053, City of Biloxi. Submitted by the Planning Commission. {*-071123APC} Ward 5 ____________G. Resolution granting Conditional Use approval to authorize the establishment of a Bail Bondsman office within an existing structure located in an NB- Neighborhood Business zoning district and presently identified as 251-A Main Street. Case No. 23-054, Mary Posey (owner) and Alisha Ramsey (applicant). Submitted by the Planning Commission. {*-071123BPC} Ward 2 ____________H. Resolution granting Minor Subdivision Final Plat approval for a property site currently identified as 2790 Beach Boulevard (Tax Parcel No. 1110M-03- 008.000). Case No. 23-061, Reef Express, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-071123CPC} Ward 5 5. CONSENT AGENDA ____________A. Resolution authorizing refund of funds for Hurricane Nate PW 143 to repay the Mississippi State Treasurer for prior fiscal year payments to the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-071123AEXC} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |3 5. CONSENT AGENDA-Continued ____________B. Resolution authorizing a transfer of petty cash funds and change funds due to personnel changes for fiscal year 2022/2023. Introduced by Mayor A.M. Gilich, Jr. {*-071123AADM} ____________C. Resolution amending the Fire Department budget for the fiscal year ending September 30, 2023, to transfer appropriations in the amount of $3,386.04 for the purchase of forcible entry tools. Introduced by Mayor A.M. Gilich, Jr. {*-071123AFD} ____________D. Resolution appointing an Emergency Services District Executive Manager. Introduced by Mayor A.M. Gilich, Jr. {*-071123BFD} ____________E. Resolution to authorize the lowest and best quote received for two Trailers from Lewis Trailer in the total amount of $23,625.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-071123APUR} ____________F. Resolution to authorize the purchase of eight sets of Body Armor for new hires from The Southern Connection Police Supplies in the total amount of $7,344.00, as authorized by State of Mississippi Contract No. 8200065172. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-071123BPUR} ____________G. Resolution to approve and authorize the One-Source purchase for Milling asphalt on Spratley Avenue from Land Shaper in the total amount of $12,487.50. Funding: Capital Projects Budget. Introduced by Mayor A.M. Gilich, Jr. {*-071123CPUR} ____________H. Resolution amending Resolution No. 224-23 amending the municipal budget for fiscal year ending September 30, 2023, to recognize funds pledged by the Harrison County Board of Supervisors into the budget established for Capital Project No. 913: Popps Ferry Extension. Introduced by Mayor A.M. Gilich, Jr. {*-071123ACON} ____________I. Resolution authorizing payment to Harrison County, Mississippi for paving of Bay Crest Court, Bay Hill Court, Bay View Lane, Karli Lane and Oak Hill Drive from Capital Project No. 1025: Citywide Paving. Introduced by Mayor A.M. Gilich, Jr. {*-071123BCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |4 5. CONSENT AGENDA-Continued ____________J. Resolution authorizing Change Order No. Two (2) and Certificate of Substantial Completion to Construction Agreement with J.E. Borries, Inc., and approving payment of Final Pay Application No. Four (4) in connection with Zeta Project No. ZP002: Small Craft Harbor/Commercial Dock Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-071123CCON} ____________K. Resolution authorizing Amendment No. 1 to Agreement for Professional Services with Brown Mitchell & Alexander, Inc. for Zeta Project No. ZP002: Small Craft Harbor / Commercial Dock Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-071123DCON} ____________L. Resolution amending the budget for Capital Project No. 996: Keesler Gate- Outside for fiscal year ending September 30, 2023, to recognize funds received from AT&T Telecommunications. Introduced by Mayor A.M. Gilich, Jr. {*-071123ECON} ____________M. Resolution authorizing submission of an Amended Application for FY21 Funding to the Mississippi Department of Marine Resources in connection with Capital Project No. 990: Popps Ferry Causeway Park. Introduced by Mayor A.M. Gilich, Jr. {*-071123FCON} ____________N. Resolution correcting Resolution No. 27-23 and amending the municipal budget for fiscal year ending September 30, 2023, in connection with Capital Project No. 1041: Cedar Lake Bridge Paving and Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-071123GCON} ____________O. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize additional funding for Zeta Project ZK011: Popps Ferry Causeway Park, Pier and Boat Launch. Introduced by Mayor A.M. Gilich, Jr. {*-071123HCON} ____________P. Resolution accepting the bid of Black Diamond Construction, LLC and authorizing entry into a Construction Agreement for Zeta Project No. ZK011: Causeway Park Pier Repair. Introduced by Mayor A.M. Gilich, Jr. {*-071123ICON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |5 5. CONSENT AGENDA-Continued ____________Q. Resolution authorizing Change Order No. Seventeen (17) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area BEA1 (Project No. KG630). Introduced by Mayor A.M. Gilich, Jr. {*-071123JCON} ____________R. Resolution authorizing Change Order No. Eighteen (18) to the Construction Agreement with Necaise Brothers Construction Company, Inc. for the Hurricane Katrina Infrastructure Repair Program, South Contract, Area BEA3 (Project No. KG630). Introduced by Mayor A.M. Gilich, Jr. {*-071123KCON} ____________S. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to recognize funds received from Harrison County and allocate said funds into the municipal budget for Capital Project No. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-071123LCON} ____________T. Resolution authorizing submission of a grant application to the Mississippi Development Authority for funding to be utilized in connection with Capital Project No. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-071123MCON} ____________U. Resolution authorizing Amendment No. Three (3) to Professional Services Agreement with Pickering Firm, Inc. for Capital Project No. 1069: Kuhn Street Boat Ramp. Introduced by Mayor A.M. Gilich, Jr. {*-071123NCON} ____________V. Resolution authorizing Amendment No. 3 to Professional Services Agreement with Brown Mitchell & Alexander, Inc. for Capital Project No. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-071123OCON} ____________W. Resolution authorizing entry into Ground Lease by and between the City of Biloxi and the Harrison County Utility Authority for a portion of the former Mercy Cross High School property. Introduced by Mayor A.M. Gilich, Jr. {*-071123PCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |6 5. CONSENT AGENDA-Continued ____________X. Resolution authorizing entry into Addendum to Extend Time to Preliminary Engineering Services Contract with Overstreet & Associates, PLLC Capital Project No. 1091: Woolmarket Traffic Study. Introduced by Mayor A.M. Gilich, Jr. {*-071123QCON} ____________Y. Resolution authorizing execution of an Excursion Boat Berth Rental Agreement between City of Biloxi and 11 Degrees, LLC for pier space at Point Cadet Marina. Introduced by Mayor A.M. Gilich, Jr. {*-071123RCON} ____________Z. Resolution authorizing purchase of Fire Suite software and professional services from Emergency Networking, LLC for use by the City of Biloxi Fire Department. Introduced by Mayor A.M. Gilich, Jr. {*-071123SCON} ____________AA. Resolution authorizing renewal of software licenses and hardware support with TimeClock Plus, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-071123TCON} ____________BB. Resolution authorizing renewal of annual DCR Software Assurance with Business Information Systems, Inc. d/b/a BIS Digital. Introduced by Mayor A.M. Gilich, Jr. {*-071123UCON} ____________CC. Resolution authorizing submission of a grant application to the Mississippi Development Authority for Funding to be utilized for improvements to the Sherman Canaan Commercial Dock. Introduced by Mayor A.M. Gilich, Jr. {*-071123VCON} ____________DD. Resolution authorizing entry into the First Amendment to the Ground Lease and Sublease Agreement (Parking Garage Sublease) with Beau Rivage Resorts, LLC, formerly known as Beau Rivage Resorts, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-071123WCON} ____________EE. Resolution authorizing entry into agreement with Automated Merchant Services and Merrick Bank for the acceptance of credit and debit cards at the Stadium Parking Garage and approving purchase of card processing machines. Introduced by Mayor A.M. Gilich, Jr. {*-071123YCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |7 5. CONSENT AGENDA-Continued ____________FF. Resolution authorizing entry into Cost Per Copy Agreement with RJ Young Company, Inc. for the lease, maintenance and copy costs associated with a new copier to be utilized by the Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-071123ZCON} ____________GG. Resolution authorizing entry into Lease Agreement with Lavish Salon, LLC for the lease of the Creole Cottage. Introduced by Mayor A.M. Gilich, Jr. {*-071123AACON} ____________HH. Resolution creating Capital Project No. 1107: Saenger Theatre Interior Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-071123BBCON} ____________II. Resolution amending Resolution No. 202-23 amending the municipal budget for fiscal year ending September 30, 2023, to recognize funds received from Friends of the Saenger and recognizing funds received from The Peoples Bank Heritage Trust. Introduced by Mayor A.M. Gilich, Jr. {*-071123CCCON} ____________JJ. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to close Capital Project No. 1064: Sand Beach Renourishment. Introduced by Mayor A.M. Gilich, Jr. {*-071123DDCON} ____________KK. Resolution authorizing the purchase of additional Microsoft Office 365 licenses for email hosting from Metrix Solutions. Introduced by Mayor A.M. Gilich, Jr. {*-071123EECON} ____________LL. Resolution authorizing entry into Business Services Agreement with Sparklight for additional internet bandwidth at the Biloxi Civic Center and the Dr. Frank Gruich Sr. Community Center. Introduced by Mayor A.M. Gilich, Jr. {*-071123FFCON} ____________MM. Resolution authorizing the acceptance of a grant award from Walmart (GR066) and amending the Police Department budget ending September 30, 2023, in the amount of $2,300.00. Introduced by Mayor A.M. Gilich, Jr. {*-071123APD} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |8 6. CODE ENFORCEMENT HEARINGS ____________A. Jeremy Shawn & Amanda Andrews, 1210H-04-005.000/333 Rodenberg Avenue ____________B. Phillip J. Dunnell, 1210A-02-022.000/1731 William Harrison Drive ____________C. Sherrill Michele Evans, 1210E-01-008.000/335 Jim Money Road ____________D. Jean P. Grace, est., 1210G-01-015.000/1760 Vaughn Street. ____________E. Cassondra G. Hicks, 1008J-01-012.000/11965 Sandbar Lane ____________F. Omar J. Hikary, 1210A-02-090.032/1744 James Buchanan Drive ____________G. Teresa Hudson, 1209F-02-028.001/787 Monie Vista Drive ____________H. ISP Properties LLC., 1210H-01-020.000/1628 Lewis Avenue ____________I. Mach VI Holding LLC, 1310E-01-012.000/1608 Gordon Avenue ____________J. Angela Lasherria Richburg, 1410G-06-039.000/263 Nichols Drive ____________K. Toni J Skrmetta, est., 1210H-01-017.000/328 St. Mary Boulevard ____________L. Southwind Owner LLC, 1210I-02-063.000/1655 Irish Hill Drive ____________M. Southwind Owner LLC, 1210I-04-002.000/1667 Irish Hill Drive ____________N. Donna J. Staley, et al., 1310A-01-010.000/471 Benachi Avenue ____________O. Adrian Weill, 1210I-01-022.000/1755 Garden Park ____________P. Raul A. Zaragoza, 1209F-02-042.001/747 Highland Drive ____________Q. Marian D. Hill, 1410F-02-060.000/214 Elmer Street 60 Day extension on April 25, 2023 ____________R. Ha Linh & Nhi Nguyen Van, 1410H-06-027.000/240 Laurel Court 30 Day extension on June 6, 2023 ____________S. Sheila Hebert, 1410J-06-058.000/622 Copp Street 30 Day extension on May 23, 2023 ____________7. ROUTINE AGENDA {*-071123RTN} SECTION ONE: To accept bids submitted by each vendor in the amount shown below as the lowest and/or best bid based on the recommendation of the Executive Branch to accept each such bid as follows: A. (Purchase No. 1) Semi-Annual Bids/Departmental VENDOR: See Bids AMOUNT: See Bids SECTION TWO: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1209F-03-005.000 OWNED BY: Joseph Anthony Kamont II L/E DATE OF HEARING: June 20, 2023 B. CITY PARCEL NO.: 1410J-05-001.000 OWNED BY: Jasmine Nguyen DATE OF HEARING: June 20, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  July 11, 2023 Page |9 7. ROUTINE AGENDA-Continued SECTION THREE: To authorize approval of the claims listed on the docket of claims No. 2023J-01, in the amount of $2,811,498.01, 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.06- 2023, in the amount of $5,442,510.19, 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.