City Council Regular Meeting Agenda for Tuesday September 5, 2023

Click here for Special Meetings and Previous Agendas AGENDA BILOXI CITY COUNCIL MEETING Tuesday, September 5, 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 grant a Zoning Map Amendment, for the establishment of a PD- C: Planned Development-Commercial Master Plan extending authorization for a residential development to be known as The Current, and identified as 2068 Beach Boulevard. Case No. 23-067, The Thrash Group (owner) and Tracey Ross (applicant). Submitted by the Planning Commission {*-090523DPC} Ward 3 ORDINANCES (Second Reading) ____________B. Ordinance to amend the Biloxi Land Development Ordinance, specifically the amendment of text related to social services, soup kitchens and multifamily dwelling within Article 23-10: Definitions and Interpretations, Table 23-4-1(C) Use Table- Non-Residential and Planned Development Districts, Use Standards: Section 23-4-3-(C)(3)c, and Article 23-4: Use Standards; Section 23-4-3-(C)(1)b. Case No. 23-039, City of Biloxi. Submitted by the Planning Commission. {*-072523APC} First reading on July 25, 2023 and Tabled on August 1, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |2 4. POLICY AGENDA-Continued ____________C. Ordinance to amend Section 9-1-22 (a) of the Code of Ordinances pertaining to garbage collection and disposal fees. Introduced by Mayor A.M. Gilich, Jr. {*-082223AEXC} First reading on August 22, 2023 ____________D. Ordinance to approve a Zoning Map Amendment, to authorize a change in zoning district classification for eighteen (18) parcels of land, from their present zoning district classification of I-Industrial to DT-Downtown. Case No. 23-063, City of Biloxi. Submitted by the Planning Commission. {*-082223APC} First reading on August 22, 2023 RESOLUTIONS ____________E. Resolution granting Conditional Use Approval, to authorize an existing single-family residence, to be utilized as a short-term rental upon a property site situated in an R M-30 High-Density Multi-Family Residential zone, and identified by municipal address 116 Acacia Avenue. Case No. 23-064, Ramiro Rodriguez. Submitted by the Planning Commission. {*-090523APC} Ward 1 ____________F. Resolution granting Conditional Use Approval, to authorize an existing single-family residence, to be utilized as a short-term rental upon a property site situated in an RM-30 High-Density Multi-Family Residential zone, and identified by municipal address 197 Briarfield Avenue. Case No. 23-065, Michael Gorman. Submitted by the Planning Commission. {*-090523BPC} Ward 5 ____________G. Resolution granting Conditional Use Approval, to authorize an existing residence, to be utilized as a short-term rental upon a property site situated in an NB Neighborhood Business zone, and identified by municipal address 1190 Judge Sekul Avenue. Case 23-066, Brian Chevalier on behalf of Bricutt, LLC. Submitted by the Planning Commission. {*-090523CPC} Ward 1 ____________H. Resolution granting Conditional Use Approval, to authorize an existing single-family residence, to be utilized as a short-term rental upon a property site situated in an NB Neighborhood Business zone, and identified by municipal address 140 Comfort Place. Case 23-068, Dreux A. Seghers on behalf of 755, LLC. Submitted by the Planning Commission. {*-090523EPC} Ward 1 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |3 5. CONSENT AGENDA ____________A. Resolution authorizing expenditures in the amount of $1,000.00 for recognition in the 19th Annual Biloxi First Roast Program. Introduced by Mayor A.M. Gilich, Jr. {*-090523AEXC} ____________B. Resolution authorizing expenditures to Slavic Benevolent Association in the amount of $1,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-090523BEXC} ____________C. Resolution approving a financial commitment to Biloxi Main Street Program as matching funds for the 2024 Mississippi Main Street Revitalization Grant Program. Introduced by Mayor A.M. Gilich, Jr. {*-090523CEXC} ____________D. Resolution authorizing Met Life Insurance to provide employees with dental insurance benefits. Introduced by Mayor A.M. Gilich, Jr. {*-090523AHR} ____________E. Resolution authorizing Colonial Life and Accident Insurance Company to provide and administer IRS Section 125 Cafeteria Plan for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-090523BHR} ____________F. Resolution authorizing self-funded employee group health insurance with Marpai Health, ProAct, Mississippi Physicians Network and Unity RE. Introduced by Mayor A.M. Gilich, Jr. {*-090523CHR} ____________G. Resolution authorizing UNUM Provident Corporation to offer to employees and administer Voluntary Life benefits and Long-Term Disability benefits for the City of Biloxi. Introduced by Mayor A.M. Gilich, Jr. {*-090523DHR} ____________H. Resolution amending the police department budget for the fiscal year ending September 30, 2023, recognizing surplus funds received from Property Room in the amount $498.91. Introduced by Mayor A.M. Gilich, Jr. {*-090523APD} ____________I. Resolution amending the police department budget for fiscal year ending September 30, 2023, authorizing use of State Drug Forfeiture Funds to purchase a 2014 Ford F550 aerial bucket truck from Mississippi Department of Transportation, in the amount of $15,000.00. Introduced by Mayor A.M. Gilich, Jr. {*-090523BPD} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |4 5. CONSENT AGENDA-Continued ____________J. Resolution authorizing the only advertised unit price bid received for Printing and Direct Mail Services of the Monthly Newsletter from Mele Printing, firm through September 2024. Funding: General Government Budget. Introduced by Mayor A.M. Gilich, Jr. {*-090523APUR} ____________K. Resolution authorizing the lowest and best quote received to furnish and install Emergency Equipment for three new K-9 Vehicles from Emergency Equipment Professionals in the total amount of $47,943.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-090523BPUR} ____________L. Resolution authorizing the lowest and best quote received to replace the flooring at the West Biloxi Library from Builders Paradise in the total amount of $59,866.73. Funding: Public Works Budget. Introduced by Mayor A.M. Gilich, Jr. {*-090523CPUR} ____________M. Resolution authorizing the lowest and best quote received to Furnish and Install a Service Body on the Fleet Truck from Southern Tire Mart in the total amount of $11,775.00. Funding: Police Budget. Introduced by Mayor A.M. Gilich, Jr. {*-090523DPUR} ____________N. Resolution rescinding Resolution No. 381-23 authorizing entry into Tri-Party Agreement for Downtown Housing Incentive Grant and Related Services, by and among the City of Biloxi, Gulf Coast Main Street Corporation d/b/a Biloxi Main Street and Robert and Dorothy Chappell and for related purposes. Introduced by Mayor A.M. Gilich, Jr. {*-090523ACON} ____________O. Resolution authorizing submission of an Amended Application for FY21 Funding to the Mississippi Department of Marine Resources for Capital Project No. 1069: Kuhn Street Boat Ramp. Introduced by Mayor A.M. Gilich, Jr. {*-090523BCON} ____________P. Resolution rescinding Resolution No. 563-23 authorizing entry into a Cost Per Copy with RJ Young Company, Inc. for the re-lease and maintenance seven (7) copiers utilized by City Departments. Introduced by Mayor A.M. Gilich, Jr. {*-090523CCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |5 5. CONSENT AGENDA-Continued ____________Q. Resolution authorizing entry into a Cost Per Copy Agreement with RJ Young Company, Inc. for the re-lease and maintenance eight (8) copiers utilized by City Departments. Introduced by Mayor A.M. Gilich, Jr. {*-090523DCON} ____________R. Resolution authorizing Amendment No. 4 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. {*-090523ECON} ____________S. Resolution accepting Certificate of Substantial Completion to Construction Agreement with Gulf Coast Solutions, LLC for Capital Project No. 1078: Shriners Blvd Water/Sewer Extension. Introduced by Mayor A.M. Gilich, Jr. {*-090523FCON} ____________T. Resolution authorizing entry into Letter Amendment to Professional Services Agreement with Pickering Firm, Inc. for Capital Project No. 1046: East Biloxi Recreational Facility. Introduced by Mayor A.M. Gilich, Jr. {*-090523GCON} ____________U. Resolution authorizing renewal of Annual Termite Guarantee with Arrow Exterminators, Inc. d/b/a Stark Exterminators for the Old Brick House. Introduced by Mayor A.M. Gilich, Jr. {*-090523HCON} ____________V. Resolution authorizing entry into a Professional Services Agreement with Gerald Pitalo for various engineering and planning support activities. Introduced by Mayor A.M. Gilich, Jr. {*-090523ICON} ____________W. Resolution authorizing renewal of the Motion Picture Licensing Corporation Umbrella License to show movies at the Donal Snyder Community Center. Introduced by Mayor A.M. Gilich, Jr. {*-090523JCON} ____________X. Resolution rescinding Resolution No. 579-23 authorizing purchase of mobile LPR camera from Vigilant Solutions, LLC and amending the municipal budget for fiscal year ending September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-090523KCON} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |6 5. CONSENT AGENDA-Continued ____________Y. Resolution authorizing purchase of mobile LPR camera from Vigilant Solutions, LLC and amending the municipal budget for fiscal year ending September 30, 2023. Introduced by Mayor A.M. Gilich, Jr. {*-090523LCON} ____________Z. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to provide sufficient funds for expenses in connection with the West Biloxi Library. Introduced by Mayor A.M. Gilich, Jr. {*-090523MCON} ____________AA. Resolution authorizing entry into the First Amendment to the Second 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. {*-090523NCON} ____________BB. Resolution authorizing entry into Law Enforcement ISO ClaimSearch Access Memorandum of Understanding with the National Insurance Crime Bureau. Introduced by Mayor A.M. Gilich, Jr. {*-090523OCON} ____________CC. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to remove the remaining balance of grant funding under the Grant Agreement with the Mississippi Major Economic Impact Authority, by and through the Mississippi Development Authority, from the budget established for Capital Project No. 996: Keesler Gate-Outside. Introduced by Mayor A.M. Gilich, Jr. {*-090523PCON} ____________DD. Resolution amending the municipal budget for fiscal year ending September 30, 2023, to close Capital Project No. 1045: Biloxi Visitor Center Renovations. Introduced by Mayor A.M. Gilich, Jr. {*-090523QCON} ____________EE. Resolution authorizing entry into Construction Engineering & Inspection Services Contract with Neel-Schaffer, Inc. for Capital Project No. 1040: Woolmarket Sidewalks. Introduced by Mayor A.M. Gilich, Jr. {*-090523SCON} ____________FF. Resolution authorizing items to be declared Surplus and sold via GovDeals. Introduced by Mayor A.M. Gilich, Jr. {*-090523EPUR} {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |7 6. CODE ENFORCEMENT HEARINGS ____________A. Robert J. Bonhomme, 1209D-01-001.004/2042 Crane Ridge ____________B. Richard Dowling, 1207O-01-027.000/13272 Old Hwy 67 ____________C. Janet Eilermann & Terry Tolar, 1410F-02-003.002/246 Nixon Street ____________D. Federal Home Loan Mortgage Corp. Inc 1110B-03-034.000/2470 Carter Road ____________E. Gulfco of Mississippi LLC dba Tower Loan, 1410G-03-028.000/224 Bowen St. ____________F. Stone Investment Co. Inc., 1109G-02-032.082/0 Rue Maison ____________G. Stone Investment Co. Inc., 1109G-02-032.083/0 Rue Maison ____________H. James R. Stringer, 1107P-01-005.000/8162 Jack Graves Road 30-day extension on July 18, 2023 ____________I. Michael Clark Hester, 1110C-01-028.000/2592 Old Bay Road 30-day extension on July 25, 2023 ____________J. Helen J. H. Mikovich, 1208I-02-021.000/11415 Quint Place 30-day extension on July 25, 2023 ____________K. Annie S. Meeboer & Lena Palmer, 1410B-03-003.000/0 Keller Avenue 30-day extension on August 1, 2023 ____________7. ROUTINE AGENDA {*-090523RTN} 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) Demolition-841 Vee Street/Community Development VENDOR: Coastal Development & Construction AMOUNT: $5,500.00 B. (Purchase No. 2) Demolition-191 Holley Street/Community Development VENDOR: Southern Scapes AMOUNT: $7,500.00 C. (Purchase No. 3) Chloring/Public Works VENDOR: DPC Enterprises AMOUNT: a. 150 lb. cylinders (per lb.) - $2.333 b. 1-ton cylinders (per lb.) - $1.2495 SECTION TWO: To adjudicate the following parcels a menace to the public health and safety of the community: A. CITY PARCEL NO.: 1209B-01-014.018 OWNED BY: Evelyn Fairley Estate DATE OF HEARING: August 22, 2023 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |8 7. ROUTINE AGENDA-Continued B. CITY PARCEL NO.: 1410G-06-050.000 OWNED BY: Land Equity LLC DATE OF HEARING: August 22, 2023 C. CITY PARCEL NO.: 1310H-03-057.000 OWNED BY: Stone Edge LLC DATE OF HEARING: August 22, 2023 SECTION THREE: To authorize special assessment to code enforcement action taken to clean the following parcels: A. CITY PARCEL NO.: 1210E-01-008.000 OWNED BY: Sherrill Michele Evans ADDRESS: 335 Jim Money Road Biloxi, MS 39531 CONTRACTOR: Clifton McCormick RESOLUTION NO.: 510-23 ASSESSMENT AMOUNT: $350.00 B. CITY PARCEL NO.: 1107I-01-015.000 OWNED BY: MJTRUST2, LLC ADDRESS: 340 9th St. N. No. 148 Naples, FL 34102 CONTRACTOR: Michael & Lillie Monroe RESOLUTION NO.: 394-22 ASSESSMENT AMOUNT: $2,815.00 C. CITY PARCEL NO.: 1410G-04-091.000 OWNED BY: State of Mississippi ADDRESS: P.O. Box 136 Jackson, MS 39205 CONTRACTOR: Juan Randy Lesso RESOLUTION NO.: 865-21 ASSESSMENT AMOUNT: $180.00 D. CITY PARCEL NO.: 1510E-01-028.000 OWNED BY: W.T.A. Inc. ADDRESS: P.O. Box 209 Biloxi, MS 39533 CONTRACTOR: Robert Nail RESOLUTION NO.: 364-23 ASSESSMENT AMOUNT: $515.00 {*}-Denotes document name for internet access http://biloxi.ms.us Also available in alternative format.  September 5, 2023 Page |9 7. ROUTINE AGENDA-Continued SECTION FOUR: To authorize approval of the claims listed on the docket of claims No. 2023L-01, in the amount of $1,274,504.84, attached as Exhibit "A" 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.