City Council Regular Meeting Agenda for Tuesday September 20, 2022

Click here for Special Meetings and AGENDA Previous Agendas BILOXI CITY COUNCIL MEETING Tuesday, September 20, 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 ____________A. Public Hearing to consider an appeal filed on behalf of David and Krystan Hansen requesting the reversal of the Planning Commission’s decision to approve a Tree Removal Application for the removal of 4 trees and disturb the critical root system 15 trees, upon parcels fronting Shorecrest Road. Case No. TR-22-005. (Total allotted time 35 minutes) Citizens Comments-(Total allotted time 45 minutes) 4. POLICY AGENDA ORDINANCES (First Reading) ____________A. Ordinance to amend a section of the Land Development Ordinance, related to Section 23-4-3(D)(10)e: Short-Term Rentals. Case No. 22-072, a charge initiated by the Director of Community Development. Submitted by the Planning Commission. {*-092022APC} ORDINANCES (Second Reading) ____________B. Ordinance to amend the Code of Ordinances Section 15-1-2 to address compensation schedule and pay rates. Introduced by Mayor A.M. Gilich, Jr. {*-091322AHR} First reading on September 13, 2022 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 20, 2022 Page |2 4. POLICY AGENDA-Continued RESOLUTIONS ____________C. Resolution appointing Stacey Perry, Ward Six Representative, to the Biloxi Planning Commission for the term beginning September 20, 2022, and ending September 19, 2026. Introduced by Mayor A.M. Gilich, Jr. {*-092022CEXC} ____________D. Resolution to deny the appeal, thereby affirming the decision of the Biloxi Planning Commission to remove four (4) protected trees, and disturb the critical root system of 15 trees, upon parcels fronting upon Shorecrest Road. Introduced by Mayor A.M. Gilich, Jr. {*-092022BPC} Ward 7 5. CONSENT AGENDA ____________A. Resolution authorizing Overpayment Recovery Plan for EM3544MS Hurricane Sally (DE203) projects to repay the Mississippi State Treasurer in the amount of $9,414.31 for overpayment to the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-092022AEXC} ____________B. Resolution to amend the police department budget for fiscal year ending September 30, 2022, and authorizing the use of Federal Drug Forfeiture Funds to purchase one Yamaha F250XB boat motor in the amount of $4,157.69. Introduced by Mayor A.M. Gilich, Jr. {*-092022APD} ____________C. Resolution accepting grant award from Mississippi Office of Homeland Security (22LE122B, GR115) and amending the police department budget for fiscal year ending September 30, 2022, to recognize grant funds in the amount of $100,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-092022BPD} ____________D. Resolution to approve and authorize the One-Source purchase of four mobile radios from Communications International in the total amount of $19,327.80. Funding: Fire Budget. Introduced by Mayor A.M. Gilich, Jr. {*-092022APUR} ____________E. Resolution authorizing entry into Second Amendment to Proposal for Engineering & Planning Support for Infrastructure Development & Implementation by and between the City of Biloxi and Gerald A. Pitalo, PE, Ph.D. Introduced by Mayor A.M. Gilich, Jr. {*-092022ACON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 20, 2022 Page |3 5. CONSENT AGENDA-Continued ____________F. Resolution authorizing entry into an Amendment No. 3 to Agreement for Professional Service with M.A. Howard Consulting, LLC for various engineering and planning activities for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-092022BCON} ____________G. Resolution accepting the bid of Gulf Breeze Construction, Inc. and authorizing entry into a Construction Agreement for Capital Project No. 1039: Main Street Crossing Upgrade. Introduced by Mayor A.M. Gilich, Jr. {*-092022CCON} ____________H. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to provide sufficient funds for the Maritime and Seafood Industry Museum's repair and maintenance costs. Introduced by Mayor A.M. Gilich, Jr. {*-092022DCON} ____________I. Resolution accepting the System Maintenance Terms and Conditions of Idemia Identity & Security, LLC and authorizing payment for continued maintenance services for the Idemia LiveScan fingerprint/palm print digital forensics system in use by the Biloxi Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-092022ECON} ____________J. Resolution authorizing renewal of agreements with Tyler Technologies, Inc. for software utilized by all City departments and approving payment for same. Introduced by Mayor A.M. Gilich, Jr. {*-092022FCON} ____________K. Resolution authorizing payment for renewal of software licenses with All Traffic Solutions, Inc. in connection with a traffic monitoring system in use by the Biloxi Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-092022GCON} ____________L. Resolution authorizing Change Order No. Seventeen (17) to the construction agreement with Necaise Brothers Construction Company, Inc. for Hurricane Katrina Infrastructure Repair Program, South Contract, Area STM1&2, Project No. KG634. Introduced by Mayor A.M. Gilich, Jr. {*-092022HCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 20, 2022 Page |4 5. CONSENT AGENDA-Continued ____________M. Resolution amending Resolution No. 735-21 to properly classify and capitalize expense under the Master Services and Purchasing Agreement with Axon Enterprises, Inc. for the purchase of one hundred thirty-five (135) Tasers and associated equipment for use by the Police Department. Introduced by Mayor A.M. Gilich, Jr. {*-092022JCON} ____________N. Resolution amending the municipal budget for fiscal year ending September 30, 2022, to properly classify and capitalize expenses under the Equipment Lease Agreement with The First, a National Banking Association for the purchase of a Dispatch Software and Records Management System from Motorola Solutions, Inc. Introduced by Mayor A.M. Gilich, Jr. {*-092022KCON} ____________O. Resolution authorizing Change Order No. Four (4) 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. {*-092022LCON} ____________P. Resolution requesting the assistance of Harrison County in the repair of cement roads in the Bluffs Subdivision in the City of Biloxi. Introduced by Councilmember Robert L. Deming III. {*-092022ACOU} ____________Q. Resolution reappointing Kyle Carron, Ward Six Representative, to the Biloxi Planning Commission for the term beginning August 17, 2022 and ending August 16, 2026. Introduced by Mayor A.M. Gilich, Jr. {*-092022BEXC} ____________R. Resolution authorizing Change Order No. Five (5) 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. {*-092022MCON} ____________S. Resolution authorizing Change Order No. Five (6) 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. {*-092022NCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 20, 2022 Page |5 6. CODE ENFORCEMENT HEARINGS ____________A. Corbet David Aguilard 1208I-01-028.000/11433 Summer Lane ____________B. Dr. Basum Baroudi, 1210J-03-020.001/1879 Beach Boulevard ____________C. BW Development, LLC, 1210K-02-049.000/1906 Beach Boulevard ____________D. Connell Lewis, 1410F-06-007.000/0 Delauney Street ____________E. Ngoc Chau Ngo, 1410F-06-093.000/0 Reynoir Street ____________F. Gloria S. Powell-Estate, 1410D-01-116.000/433 Caillavet Street ____________G. Sukhranjan Multani, 1210I-04-011.000/1704 Beach Boulevard ____________H. Herman & Beulah L. Smith-Estate, 1410F-03-032.000/262 Midway Street 60 day extension on June 7, 2022 ____________7. ROUTINE AGENDA {*-092022RTN} SECTION ONE: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1109I-01-019.000 OWNED BY: Brenda K. Hart DATE OF HEARING: March 15, 2022 B. CITY PARCEL NO.: 1210L-02-005.000 OWNED BY: Leonard P. & James E. Mcatee DATE OF HEARING: July 26, 2022 C. CITY PARCEL NO.: 1207N-01-035.000 OWNED BY: Sonny and Duyen Nguyen DATE OF HEARING: August 2, 2022 D. CITY PARCEL NO.: 1210H-01-017.000 OWNED BY: Toni J. Skrmetta-EST DATE OF HEARING: August 2, 2022 E. CITY PARCEL NO.: 1410D-01-163.000 OWNED BY: Xcelant Holdings Corporation DATE OF HEARING: September 6, 2022 SECTION TWO: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1007H-01-023.001 OWNED BY: Jose Antonio Malago Gomez ADDRESS: 14189 Dundeewood Road Biloxi, MS 39532 CONTRACTOR: AD&R RESOLUTION NO. 522-21 ASSESSMENT AMOUNT: $3,500.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 20, 2022 Page |6 7. ROUTINE AGENDA-Continued B. CITY PARCEL NO.: 1110M-01-002.000 OWNED BY: Allegiant Equities LLC ADDRESS: 55 E Long Lake Road Troy, MI 48085-4738 CONTRACTOR: Robert Sidaway RESOLUTION NO.: 394-22 ASSESSMENT AMOUNT: $4,500.00 SECTION THREE: To authorize approval of the claims listed on the docket of claims No. 2022l-02, in the amount of $3,876,550.02, attached as Exhibit "A" 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.