City Council Regular Meeting Agenda for Tuesday May 17, 2022

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, May 17, 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 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 approve a Zoning Map Amendment, to authorize a change in zoning district classification for a parcel of land measuring 100' x 210' in size, from its present zoning district classification of RE Residential Estate to NB Neighborhood Business (Note: originally submitted requesting a change to CB Community Business Zoning), for land presently identified as 13133 Reece Bergeron Road. Case 22-034, Shannon Becker (owner) and Kevin Cutill on behalf of Crusaders for Veterans, Inc. (applicant). Submitted by the Planning Commission. {*-051722APC} Ward 7 ____________B. Ordinance to amend text within the Land Development Ordinance to introduce and define the specific use - Medical Cannabis. Case No. 22-037, a charge initiated by the Director of Community Development. Submitted by the Planning Commission. {*-051722CPC} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |2 4. POLICY AGENDA-Continued RESOLUTIONS ____________C. Resolution to grant Preliminary Subdivision Re-plat approval including with Cul-de-sac Street Length Variance to authorize the construction of a nine (9)- lot Single-Family Residential subdivision submitted as The Reserve at Marsh Island Subdivision, for property presently identified as 745 Barrett Road (re: Tax Parcel No. 1109J-01-005.000). Case No. 22-035, San Luis Investments, LLC and Chris Fore (owners), and Machado/Patano, PLLC (applicant). Submitted by the Planning Commission. {*-051722BPC} Ward 4 ____________D. Resolution to deny the Zoning Map Amendment submitted to authorize a change in zoning district classification for a single parcel of land from its present zoning district classification of RS-7.5 Medium-Density Single- Family Residential to RM-10 Low-Density Multi-Family Residential, for land identified as 1611 Glenn Swetman Street. Case No. 22-038, Heidi & Dan Hoye. Submitted by the Planning Commission. {*-051722DPC} Ward 1 ____________E. Resolution granting Conditional Use approval to authorize the establishment of a Short Term Rental upon a property situated within an RM-30 High- Density Multi-Family Residential zone and identified by municipal address 119 Saint George Avenue (formerly 1501 Avalon Street) (re: Tax Parcel No. 1310L-02-042.001). Case No. 22-040, Matthew McDonald. Submitted by the Planning Commission. {*-051722EPC} Ward 1 ____________F. Resolution granting Conditional Use approval, to authorize four existing Single-Family Residences to be utilized as Short-Term Rentals, upon three contiguous properties situated within an NB Neighborhood Business zone, and identified by municipal addresses 1683 A & B, 1685, and 1687 Irish Hill Drive (re: Tax Parcel Nos. 1210I-02-065.000, 1210I-02-066.000 & 1210I-02- 067.000). Case No. 22-041-PC, Jason & Kim Johnson. Submitted by the Planning Commission. {*-051722FPC} Ward 1 5. CONSENT AGENDA ____________A. Resolution authorizing personnel change to petty cash funds and change funds for fiscal year 2021/2022. Introduced by Mayor A.M. Gilich, Jr. {*-051722AADM} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |3 5. CONSENT AGENDA-Continued ____________B. Resolution authorizing Overpayment Recovery Plan for Zeta projects to repay the Mississippi State Treasurer for overpayment to the City of Biloxi in the amount of $330,307.75 and accept FEMA reimbursements in the amount of $660,615.53. Introduced by Mayor A.M. Gilich, Jr. {*-051722BADM} ____________C. Resolution amending the Municipal Budget for Fiscal Year ending September 30, 2022, to provide sufficient funds for the Administration Department to pay the City's contractual obligations for professional services. Introduced by Mayor A.M. Gilich, Jr. {*-051722CADM} ____________D. Resolution continuing the declaration of a State of Emergency for Hurricane Zeta in the City of Biloxi, Mississippi, and authorizing the Mayor to do all things reasonable and necessary to protect the immediate health and safety of the City's citizens; and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-051722AEXC} ____________E. Resolution authorizing financial support for the Biloxi Shrimp Festival and Blessing of the Fleet in the amount of $2,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-051722BEXC} ____________F. Resolution authorizing Mayor and Municipal Clerk to execute the Municipal Compliance Questionnaire. Introduced by Mayor A.M. Gilich, Jr. {*-051722CEXC} ____________G. Resolution appointing Mississippi Municipal League 2022 Voting Delegates for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-051722DEXC} ____________H. Resolution requesting Harrison County support in loan of senior citizen bus for use during Blessing of the Fleet. Introduced by Mayor A.M. Gilich, Jr. {*-051722EEXC} ____________I. 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. 1024: Point Cadet Marina Improvements (West). Introduced by Mayor A.M. Gilich, Jr. {*-051722ACON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |4 5. CONSENT AGENDA-Continued ____________J. Resolution ratifying Sales Contract with Pileum Solutions, Inc. d/b/a Metrix Solutions, LLC for the purchase of body worn cameras and associated equipment for use by the Biloxi Police Department and authorizing additional purchases under such Sales Agreement and amending the municipal budget for fiscal year ending September 30, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-051722BCON} ____________K. Resolution authorizing entry into Tidelands Award Grant Agreement with the Mississippi Department of Marine Resources (“MDMR”), accepting said Grant and amending the municipal budget for fiscal year ending September 30, 2022, to recognize grant funds into the budget for Capital Project No. 1077: Hiller Park Boat Launch. Introduced by Mayor A.M. Gilich, Jr. {*-051722CCON} ____________L. Resolution amending the municipal budget for fiscal year ending September 30, 2022 to recognize receipt of addition grant funds from the Mississippi Transportation Commission, by and through the Mississippi Department of Transportation (“MDOT”) into the budget for Capital Project No. 1039: Main Street Crossing Upgrade. Introduced by Mayor A.M. Gilich, Jr. {*-051722DCON} ____________M. Resolution authorizing submission of a Mississippi Tidelands Trust Fund Program Amended Application for FY23 to the Mississippi Department of Marine Resources, in connection with Capital Project No. 1069: Kuhn Street Boat Ramp. Introduced by Mayor A.M. Gilich, Jr. {*-051722ECON} ____________N. Resolution authorizing submission of a Mississippi Tidelands Trust Fund Program Application for FY23 to the Mississippi Department of Marine Resources, in connection with Capital Project No. 1056: Sediment Removal (Parker’s Creek). Introduced by Mayor A.M. Gilich, Jr. {*-051722FCON} ____________O. Resolution authorizing entry into Agreement with Seymour Engineering, PLLC for Capital Project No. 990: Popps Ferry Causeway Park. Introduced by Mayor A.M. Gilich, Jr. {*-051722GCON} ____________P. Resolution authorizing entry into Agreement regarding Bench Advertising with the Mississippi Coast Transit Authority. Introduced by Mayor A.M. Gilich, Jr. {*-051722HCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |5 5. CONSENT AGENDA-Continued ____________Q. Resolution authorizing reimbursement to the Mississippi Department of Transportation for funds erroneously wired into the City of Biloxi’s account. Introduced by Mayor A.M. Gilich, Jr. {*-051722ICON} ____________R. Resolution authorizing Task Order Amendment 1 with Neel-Schaffer, Inc. for the Hurricane Katrina Infrastructure Repair Program, Area STM1&2 (KG634 and KG646). Introduced by Mayor A.M. Gilich, Jr. {*-051722JCON} ____________S. Resolution authorizing entry into Amended and Restated Contract for Professional Services with Friends of Firefighters for the development of an employee assistance program. Introduced by Mayor A.M. Gilich, Jr. {*-051722KCON} ____________T. Resolution authorizing entry into Construction Engineering & Inspection Services Contract with Neel-Schaffer, Inc. for Capital Project No. 1039: Main Street Crossing Upgrade. Introduced by Mayor A.M. Gilich, Jr. {*-051722LCON} ____________U. Resolution authorizing Amendment No. 1 to Letter Agreement for Professional Services with Brown Mitchell & Alexander, Inc. for Capital Project No. 1066: Point Cadet Shoreline. Introduced by Mayor A.M. Gilich, Jr. {*-051722MCON} ____________V. Resolution authorizing purchase of FususCore devices for use by the City of Biloxi Police Department and amending the municipal budget for fiscal year ending September 30, 2022. Introduced by Mayor A.M. Gilich, Jr. {*-051722NCON} ____________W. Resolution authorizing entry into Agreement with Motorola Solutions, Inc. for the integration of Emergency Reporting software with Motorola computer aided dispatch (“CAD”) and records management system (“RMS”). Introduced by Mayor A.M. Gilich, Jr. {*-051722OCON} ____________X. Resolution ratifying entry into Grant Funded Sub-recipient Agreement with Envisage Research and Analytics, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-051722PCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |6 5. CONSENT AGENDA-Continued ____________Y. Resolution amending Resolution No. 213-22 authorizing submission of a Rebuilding American Infrastructure with Sustainability and Equity (“RAISE”) Transportation Discretionary Grant Program Application in connection with Capital Project. Introduced by Mayor A.M. Gilich, Jr. {*-051722QCON} ____________Z. Resolution authorizing purchase of Camtasia software from TechSmith Corporation for use by the City of Biloxi Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-051722RCON} ____________AA. Resolution authorizing the purchase of six (6) computer servers from Pileum Corporation, d/b/a Metrix Solutions, LLC, for use City-wide. Introduced by Mayor A.M. Gilich, Jr. {*-051722SCON} ____________BB. Resolution authorizing execution of Landlord Consent to Lease Encumbrance for Riverboat Corporation of Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-051722TCON} ____________CC. Resolution authorizing the City of Biloxi Police Department to make a donation of 2007 Chevrolet Tahoe to the Hattiesburg Public School District Police Department, Hattiesburg, Mississippi. Introduced by Mayor A.M. Gilich, Jr. {*-051722APD} ____________DD. Resolution authorizing submission of a grant application to the Patrick Leahy Bulletproof Vest Partnership for fiscal year 2022. Introduced by Mayor A.M. Gilich, Jr. {*-051722BPD} ____________EE. Resolution to approve and authorize the lowest and best quote received for one 2021 Chevrolet Silverado Truck for use by Training from Rogers-Dabbs Chevrolet in the total amount of $27,193.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-051722APUR} ____________FF. Resolution to approve and authorize the lowest and best quote received to furnish and install one vehicle lift for the Garage from Coastal Automotive Equipment in the total amount of $10,426.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-051722BPUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |7 5. CONSENT AGENDA-Continued ____________GG. Resolution to approve and authorize the Emergency Repair of the North Biloxi Water Tank No. 1 by Utility Services Company in the total amount of $10,562.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-051722CPUR} ____________HH. Resolution to approve Fuel Access Card Services from Fuelman through May 31, 2023, as authorized by State of Mississippi No. 8200045588 for use by all City Departments. Funding: Departmental Budgets Introduced by Mayor A.M. Gilich, Jr. {*-051722DPUR} 6. CODE ENFORCEMENT HEARINGS ____________A. Bank of New York Mellon, 1410G-05-039.001/321 Heidenheim Avenue ____________B. Reginald Collier, 1410F-05-101.000/337 Fayard Street ____________C. Daniel Handford, 1410D-01-076.000/434 Diaz Avenue ____________D. William S. Hinton-Estate. 1410F-03-031.000/0Midway Street ____________E. James Thinh Luu, 1410G-03-098.000/223 Keller Avenue ____________F. Thaominh Sera Luu, 1310A-03-036.000/367 Forrest Avenue ____________G. Brenda K. Hart, 1109I-01-019.000/2265 Sabrina Drive 60 day extension on March 15, 2022 ____________H. C. J. Shaw The Brand, 1410H-05-059.000/316 Strangi Avenue. 60 day extension on March 15, 2022 ____________7. ROUTINE AGENDA {*-051722RTN} SECTION ONE: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1410E-02-069.000 OWNED BY: American Public Realty, LLC ADDRESS: Post Office Box 6222 Diamondhead, MS 39525 CONTRACTOR: Robert Sidaway RESOLUTION NO.: 193-22 ASSESSMENT AMOUNT: $715.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  May 17, 2022 Page |8 7. ROUTINE AGENDA-Continued B. CITY PARCEL NO.: 1410B-03-026.000 OWNED BY: Wilbert & Elizabeth Holland ADDRESS: 14305 Goff Street Biloxi, MS 39532 CONTRACTOR: Robert Sidaway RESOLUTION NO.: 134-22 ASSESSMENT AMOUNT: $515.00 C. CITY PARCEL NO.: 1410B-03-027.000 OWNED BY: Wilbert & Elizabeth Holland ADDRESS: 14305 Goff Street Biloxi, MS 39530 CONTRACTOR: Robert Sidaway RESOLUTION NO.: 134-22 ASSESSMENT AMOUNT: $515.00 SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2022H-02, in the amount of $7,555,988.13, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION THREE: To authorize approval of the claims listed on the docket of claims No. 04-2022, in the amount of $6,918,852.76, attached as Exhibit "B" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION FOUR: 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. 8. STUDY AGENDA ____________A. Resolution requesting that the Mayor, Legal Department and the Director of Community Development investigate the property located at 11811 Old Highway 67 pertaining to Ordinance No. 2369, adopted on August 21, 2018. Introduced by Council President Kenny Glavan and Councilmember Nathan Barrett. {*-051722ACOU} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.