City Council Regular Meeting Agenda for Tuesday November 21, 2023

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, November 21, 2023 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 --Presentation of 3rd Quarter Longevity Awards to City Employees. 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 the Biloxi Land Development Ordinance, specifically to amend Article 23-4-3(D)(10)c pertaining to Recreational Vehicle Parks. Case No. 23-086, City of Biloxi. Submitted by the Planning Commission. {*-112123APC} ____________B. Ordinance to amend the Biloxi Land Development Ordinance, specifically to amend Article 23-4-4(C)(22) pertaining to Storage or Parking of Heavy Trucks, Trailers, Major Recreational Equipment, or Mobile Homes. Case 23- 087, City of Biloxi. Submitted by the Planning Commission. {*-112123BPC} ____________C. Ordinance to amend the Biloxi Land Development Ordinance, specifically to amend article 23-4-5(G) pertaining to Special Events. Case No. 23-088, City of Biloxi. Submitted by the Planning Commission. {*-112123CPC} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |2 4. POLICY AGENDA-Continued ORDINANCES (Second Reading) ____________D. Ordinance to approve a Zoning Map Amendment to authorize a change in zoning district classification for two parcels of land from their present zoning district classification of RS-7.5 Medium-Density Single-Family Residential to RM-30 High-Density Multi-Family Residential, for land identified as 1387 & 1397 A & B Father Ryan Avenue. Case No. 23-089, Jeffrey and Tientse Reisch. Submitted by the Planning Commission. {*-110723BPC} Ward 1 First reading on November 7, 2023 RESOLUTIONS ____________E. Resolution granting Conditional Use approval, to authorize the establishment of Short-Term Rentals within an existing duplex, upon a property site situated in a RM-30 High-Density Multi-Family zone, and identified by municipal address 1397 A & B Father Ryan Avenue (i.e., Tax Parcel No. 1310K-03-019.001). Case No. 23-090, Jeffrey and Tientse Reisch. Submitted by the Planning Commission. {*-112123DPC} Ward 1 5. CONSENT AGENDA ____________A. Resolution authorizing expenditures to Hibernia Irish Society in the amount of $7,500.00. Introduced by Mayor A.M. Gilich, Jr. {*-112123AEXC} ____________B. Resolution amending the Municipal Budget for the fiscal year ending September 30, 2023, by transferring funds to cover the shortfall in the Group Health Fund. Introduced by Mayor A.M. Gilich, Jr. {*-112123AADM} ____________C. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, to reduce insurance recovery reimbursements for prior period budget amendments for Hurricane Zeta in the Capital Projects Fund. Introduced by Mayor A.M. Gilich, Jr. {*-112123BADM} ____________D. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, to include reimbursements received for Hurricane Nate DE171. Introduced by Mayor A.M. Gilich, Jr. {*-112123CADM} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |3 5. CONSENT AGENDA-Continued ____________E. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, to include reimbursements received and expenditures incurred for COVID-19 DE201. Introduced by Mayor A.M. Gilich, Jr. {*-112123DADM} ____________F. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, to include reimbursements received for Hurricane Sally DE203. Introduced by Mayor A.M. Gilich, Jr. {*-112123EADM} ____________G. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, to include reimbursements received for Hurricane Ida DE212. Introduced by Mayor A.M. Gilich, Jr. {*-112123FADM} ____________H. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2023, with the attached Omnibus Budget Amendment. Introduced by Mayor A.M. Gilich, Jr. {*-112123GADM} ____________I. Resolution amending the Municipal Budget for the Fiscal Year ending September 30, 2024, to reflect actual revenues and expenditures through September 30, 2023 for police, fire and hazard mitigation grants. Introduced by Mayor A.M. Gilich, Jr. {*-112123HADM} ____________J. Resolution amending the Legislative Budget for the Fiscal Year ending September 30, 2024, in the amount of $30,000.00 for professional services for accounting and audit services by Alexander, Van Loon, Sloan, Levens & Favre, PLLC for the Fiscal Year 2022 financial audit. Introduced by Mayor A.M. Gilich, Jr. {*-112123IADM} ____________K. Resolution supplementing Resolution No. 622-23 regarding adoption of the Fiscal Year 2023-2024 Tree Mitigation Program and Save Our Sound Coalition budgets for the Fiscal Year ending September 30, 2024, to reflect actual expenditures through September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-112123JADM} ____________L. Resolution authorizing execution of release of Steve Ulrich regarding payment of the City's property damage claim. Introduced by Mayor A.M. Gilich, Jr. {*-112123ALEG} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |4 5. CONSENT AGENDA-Continued ____________M. Resolution authorizing settlement of claim by Cass Woods. Introduced by Mayor A.M. Gilich, Jr. {*-112123BLEG} ____________N. Resolution authorizing a budget amendment for the Fiscal Year ending September 30, 2024, Municipal Budget for the Parks and Recreation Department. Introduced by Council Member Felix O. Gines. {*-112123ACOU} ____________O. Resolution authorizing the lowest and best quote received for ID Supplies from Evident Crime Scene Products for use by the Police Department in the total amount of $5,461.83. Funding: Police Department Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123APUR} ____________P. Resolution authorizing the purchase of office furniture for use by CID from Office Furniture Solutions in the total amount of $8,160.85, as authorized by the State of Mississippi Contracts No. 8200069475, No. 8200068945 and No. 8200071630. Funding: Police Department Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123BPUR} ____________Q. Resolution authorizing the one-source purchase of a Control Panel for use by Public Works from Control Systems Inc. in the total amount of $31,301.00. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123CPUR} ____________R. Resolution authorizing the purchase of two (Model Type 1) Master Traffic Actuated Controllers for Public Works from Temple Inc. in the total amount of $5,690.00, as authorized by State of Mississippi Contract No. 8200069480. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112423DPUR} ____________S. Resolution authorizing the lowest and best quote received for Portable Pitching Mounds for use by Parks and Recreation from Richardson Athletics in the total amount of $28,337.89. Funding: Parks and Recreation Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123EPUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |5 5. CONSENT AGENDA-Continued ____________T. Resolution authorizing the lowest and best quote received for one 2023 Ford Expedition 4WD SSV from Courtesy Motors Inc. for use by CID in the total amount of $51,539.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123FPUR} ____________U. Resolution authorizing items to be declared Surplus and authorized to sell by GovDeals. Introduced by Mayor A.M. Gilich, Jr. {*-112123GPUR} ____________V. Resolution authorizing the lowest and best quote received for two Choctaw (Model WGEN3-CI) Night Vision Scopes for use by the Police Department from Sierra Pacific Innovations Corp in the total amount of $11,196.00. Funding: Police Department Budget. Introduced by Mayor A.M. Gilich, Jr. {*-112123HPUR} ____________W. Resolution amending the Water Sewer Fund for the fiscal year ending September 30, 2024, in the amount of $285,000.00 for Other Contractual Services. Introduced by Mayor A.M. Gilich, Jr. {*-112123APW} ____________X. Resolution authorizing expenditures to Gulf Coast Public Safety Feed the Needy program in the amount of $5,000.00 for Fiscal Year ending September 30, 2024. Introduced by Mayor A.M. Gilich, Jr. {*-112123BEXC} ____________Y. Resolution to accept grant award through the sub-award agreement between the City of Gulfport and City of Biloxi, pertaining to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2023 (GR122) and amending the police department budget ending September 30, 2024, in the amount of $27,421.00. Introduced by Mayor A.M. Gilich, Jr. {*-112123APD} ____________Z. Resolution creating Capital Project No. 1110: Sports Complex Tennis Lights. Introduced by Mayor A.M. Gilich, Jr. {*-112123ACON} ____________AA. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to appropriate proceeds from General Obligation Bond, Series 2022 into Capital Project No. 1110: Sports Complex Tennis Lights. Introduced by Mayor A.M. Gilich, Jr. {*-112123BCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |6 5. CONSENT AGENDA-Continued ____________BB. Resolution creating Capital Project No. 1111: Causeway Pier Removal and Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-112123CCON} ____________CC. Resolution authorizing entry into Tidelands Award Grant Agreement with the Mississippi Department of Marine Resources (“MDMR”) and amending the municipal budget for fiscal year ending September 30, 2024, to recognize grant funds into the budget for Capital Project No. 1111: Causeway Pier Removal and Repair. Introduced by Mayor A.M. Gilich, Jr. {*-112123DCON} ____________DD. Resolution creating Capital Project No. 1112: Oak Street Dock. Introduced by Mayor A.M. Gilich, Jr. {*-112123ECON} ____________EE. Resolution authorizing entry into Tidelands Award Grant Agreement with the Mississippi Department of Marine Resources (“MDMR”), authorizing submission and an Amended Tidelands Application and amending the municipal budget for fiscal year ending September 30, 2024, to recognize grant funds into the budget for Capital Project No. 1112: Oak Street Dock. Introduced by Mayor A.M. Gilich, Jr. {*-112123FCON} ____________FF. Resolution authorizing entry into Tidelands Award Grant Agreement with the Mississippi Department of Marine Resources ("MDMR") and amending the municipal budget for fiscal year ending September 30, 2024, to recognize grant funds into the budget for Capital Project No. 1054: Eagle Point Park Development. Introduced by Mayor A.M. Gilich, Jr. {*-112123GCON} ____________GG. Resolution authorizing submission of a Notice of Completion regarding Tidelands Award Grant Agreement with the Mississippi Department of Marine Resources (“MDMR”), for Capital Project No. 1054: Eagle Point Park Development. Introduced by Mayor A.M. Gilich, Jr. {*-112123HCON} ____________HH. Resolution amending the municipal budget for fiscal year ending September 30, 2024, 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. {*-112123ICON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |7 5. CONSENT AGENDA-Continued ____________II. Resolution authorizing entry into Mississippi Municipal and County Water Infrastructure Grant Agreement Modification No. 2 with the Mississippi Department of Environmental Quality in connection with Capital Project No. 1078: Shriners Blvd Water/Sewer Extension. Introduced by Mayor A.M. Gilich, Jr. {*-112123JCON} ____________JJ. Resolution authorizing entry into Agreement for Engineering Services with Neel-Schaffer, Inc. for Capital Project No. 913: Popps Ferry Extension. Introduced by Mayor A.M. Gilich, Jr. {*-112123KCON} ____________KK. Resolution authorizing entry into Professional Services Agreement with Cypress Environment & Infrastructure for Capital Project No. 1041: Cedar Lake Bridge Paving & Repairs. Introduced by Mayor A.M. Gilich, Jr. {*-112123LCON} ____________LL. Resolution creating Capital Project No. 1113: Bay Vista Water Lines. Introduced by Mayor A.M. Gilich, Jr. {*-112123MCON} ____________MM. Resolution amending the municipal budget for fiscal year ending September 30, 2024, to close Capital Project No. 1083: Jim Byrd Road Water Main. Introduced by Mayor A.M. Gilich, Jr. {*-112123NCON} ____________NN. Resolution authorizing Change Order No. Twenty-One (21) 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. {*-112123OCON} ____________OO. Resolution authorizing Change Order No. Twenty-Two (22) 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. {*-112123PCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |8 5. CONSENT AGENDA-Continued ____________PP. Resolution authorizing Change Order No. Twenty-Three (23) 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. {*-112123QCON} ____________QQ. Resolution authorizing the purchase of wetlands mitigation credits from Wildlife Mississippi in connection with Capital Project No. 913: Popps Ferry Extension and amending the municipal budget to provide funding for said purchase. Introduced by Mayor A.M. Gilich, Jr. {*112123RCON} ____________RR. Resolution authorizing entry into Sparklight Business Fiber Services Agreement with Sparklight f/k/a CableOne for the provision of internet data services. Introduced by Mayor A.M. Gilich, Jr. {*-112123SCON} ____________SS. Resolution authorizing subscription to FCIS software from ERAD Group, Inc. for use by the City of Biloxi Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-112123TCON} ____________TT. Resolution authorizing grant of easement to Telepak Networks, Inc. d/b/a C Spire Fiber to install fiber optic cable across Point Cadet. Introduced by Mayor A.M. Gilich, Jr. {*-112123UCON} ____________UU. Resolution authorizing entry into Cost Per Copy Agreement with RJ Young Company, Inc. for the lease, maintenance and copy costs associated with a new large format plotter to be utilized by the Community Development Department and amending the municipal budget to provide sufficient funding. Introduced by Mayor A.M. Gilich, Jr. {*-112123VCON} ____________VV. Resolution authorizing entry into Memorandum of Agreement with The Mississippi Transportation Commission, acting by and through the Mississippi Department of Transportation in connection with Capital Project No. 1108: Popps Ferry Bridge. Introduced by Mayor A.M. Gilich, Jr. {*-112123WCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 Page |9 5. CONSENT AGENDA-Continued ____________WW. Resolution authorizing entry into First Amendment to the Monthly Elevator Maintenance Agreement with A1 Elevator Service, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-112123XCON} ____________XX. Resolution authorizing renewal of Software as a Service Agreement with Sensus USA, Inc. in connection with the City’s automated water meter reading system. Introduced by Mayor A.M. Gilich, Jr. {*-112123YCON} ____________YY. Resolution authorizing renewal of OffSiteDataSync licenses with Metrix Solutions, LLC. Introduced by Mayor A.M. Gilich, Jr. {*-112123ZCON} ____________ZZ. Resolution authorizing entry into First Amendment to Memorandum of Understanding and Rental Agreement with Seashore United Methodist Assembly for Van Hook Hall. Introduced by Mayor A.M. Gilich, Jr. {*-112123AACON} ____________AAA. Resolution adopting a Standard Addendum form for service contracts with the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-112123BBCON} ____________BBB. Resolution authorizing entry into First Amendment to Option to Purchase Real Property with Tullis Gardens Hotel, LLC for option to purchase real property. Introduced by Mayor A.M. Gilich, Jr. {*-112123CCCON} ____________CCC. Resolution authorizing entry into Biloxi Public Schools Facilities Agreement for the use of basketball courts. Introduced by Mayor A.M. Gilich, Jr. {*-112123DDCON} ____________DDD. Resolution authorizing renewal of UFED Ultimate Subscription and Premium Subscription with Cellebrite, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-112123EECON} ____________EEE. Resolution authorizing entry into First Amendment to the Extension of Engagement Agreement for Legal Services as Special Counsel with Biggs, Ingram & Solop, PLLC. Introduced by Mayor A.M. Gilich, Jr. {*-112123FFCON} ____________FFF. Resolution authorizing assessment of collection costs for debts owed to the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-112123GGCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 P a g e | 10 5. CONSENT AGENDA-Continued ____________GGG. Resolution authorizing monthly payments to the Harrison County Library System. Introduced by Mayor A.M. Gilich, Jr. {*-112123HHCON} ____________HHH. Resolution amending the Community Development Budget for the Fiscal Year Ending September 30, 2024, recognizing the acceptance of funds received for tree mitigation. Introduced by Mayor A.M. Gilich, Jr. {*-112123ACD} ____________III. Resolution authorizing a budget amendment for Fiscal Year ending September 30, 2024, for the Community Development Department budget in the amount of $2000.00 Introduced by Mayor A.M. Gilich, Jr. {*-112123BCD} 6. CODE ENFORCEMENT HEARINGS ____________A. Tyler G. & Taylor M. Bertrand, 1210D-01-001.021/0 Mauvilla Cove ____________B. Tyler G. & Taylor M. Bertrand, 1210D-01-001.022/0 Mauvilla Cove ____________C. Jesse Campbell, 1410G-03-026.000/212 Bowen Street ____________D. Dragon Sino LTDA. A Hong Kong Corporation. 1210G-02-014.002/286 Veterans Ave. ____________E. Joseph J. Maddage & Harlene G. Beebe, 1410F-05-051.000/820 Bradford Street ____________F. Cynthia A. O'Neal, 1210L-02-073.000/190 Brady Drive ____________G. Karen G. & Lauren G. Sassadeck, et al. 1510L-02-091.000/133 Cedar Street ____________H. Albert David Conlee, 1210F-01-047.000/335 Belvedere Drive 90-day extension on August 15, 2023 ____________7. ROUTINE AGENDA {*-112123RTN} SECTION ONE: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1310A-02-083.000 OWNED BY: Melanie A. Carroll DATE OF HEARING: November 7, 2023 B. CITY PARCEL NO.: 14101-06-031.000 OWNED BY: Quang Anh Hoang DATE OF HEARING: November 7, 2023 C. CITY PARCEL NO.: 1410F-05-045.000 OWNED BY: State of Mississippi DATE OF HEARING: November 7, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  November 21, 2023 P a g e | 11 7. ROUTINE AGENDA- Continued D. CITY PARCEL NO.: 1107P-01-005.000 OWNED BY: James R. Stringer DATE OF HEARING: July 18, 2023 SECTION TWO: To authorize approval of the claims listed on the docket of claims No. 2024B-02, in the amount of $2,966,978.08, attached as Exhibit "A" and to authorize the Mayor and/or Municipal Clerk to pay said claims. SECTION THREE: To authorize approval of claims listed on the docket of claims No.10-2024, in the amount of $5,332,971.81 to Payroll, Fringes, Gaming, 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 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. {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.