10-06-08 Appeal Public Hearing, 128 East 5th Street

PUBLIC NOTICE OF PUBLIC HEARING TO BE HELD AT 4:00 P.M. ON MONDAY, OCTOBER 6, 2008, IN THE COUNCIL ROOM OF CITY HALL, PURSUANT TO ORDER ADOPTED SEPTEMBER 19, 2008, AT MINUTE BOOK 2008-5/604.

PUBLIC HEARING

HATTIESBURG CITY COUNCIL

4:00 P.M. MONDAY, OCTOBER 6, 2008

1. Hold a public hearing for the appeal filed by Deborah Stover, on behalf of Wesley Laughrey, owner, to appeal the Planning Commissions recommendation to DENY the request to change the zoning classification of certain property located at 128 East 5th Street (Parcel 34-444-38-2; PPIN 18987) from R-1A (Single Family Residential) District, to R-2 (Two-Family Residential) District. The proposed use is for a Group Care Facility; Hattiesburg Planning Commission recommended to DENY on September 3, 2008.

Please note that the petitioner for this appeal public hearing has submitted a formal request for a continuance until Monday, November 17, 2008.

10-07-08 Proposed Agenda

PROPOSED AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. OCTOBER 7, 2008
I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of September 2, 12 and 16, 2008

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. APPROVE or DENY to adopt the Ordinance for the petition filed by Wesley Laughrey, owner, to change the zoning classification of certain property located at 128 East 5th Street (Parcel 34-444-38-2; PPIN 18987) from R-1A (Single Family Residential) District, to R-2 (Two-Family Residential) District. The proposed use is for a Group Care Facility; Hattiesburg Planning Commission recommended to DENY on September 3, 2008.

2. APPROVE or DENY the petition filed by Nicholas B. Risk, owner, represented by Donald Walker, for certain property located at 6453 U.S. Hwy 49 (parcel #10-1009-69, 70 & 72/ PPIN 26278, 26279 & 26281, Ward 1); to vary from Article 2, Section 12.02 which requires that no structural alterations be made to a legal nonconforming building except those required by law or ordinance, unless the building is changed to a conforming use; the Board of Adjustment shall determine after hearing to grant extension to nonconforming buildings not to exceed twenty-five (25) percent of the ground area of the same in case of evident hardship and instead allow structural alterations and an extension of 20.8 percent; Hattiesburg Board of Adjustments recommended to APPROVE on September 17, 2008.

3. Adopt an Ordinance amending The Variable Pay Plan (Attachments A-1, A-2 and B), as part of Ordinance Number 2826, to reflect changes in titles and pay ranges for municipal employees of the City of Hattiesburg.

4. Adopt an Ordinance amending Sections 28-4(A), 28-14(B), 28-15 (A), and 28-17 of Code of Ordinances, being Ordinance Number 1857, as amended by Ordinance Number 2682, so as to increase certain water service connections charges, re-connect charges, meter deposits, tampering with meters fees, and penalties.

5. Adopt a Resolution declaring the necessity and intention of the Mayor and City Council of the City of Hattiesburg, Mississippi, to issue General Obligation note(s), Series 2008, of the City of Hattiesburg, Mississippi in the principal amount not to exceed Three Million Dollars ($3,000,000.00) to provide funds for the purpose of improving the streets, sidewalks and Walkways within the City's Central Business District and equipping and construction lighting on and along the aforesaid public rights-of-way and authorize publication of Notice of Sale.

6. Adopt a Resolution setting public hearing before the City Council on Monday, November 3, 2008, to determine if certain properties are in such a state of uncleanliness so as to be a menace to the health and safety of the community, and providing for notice to owners and authorizing publication of the notice hearing.

7. Adopt Resolution Authorizing Requisition Number 34 from the Project Fund Construction Account in connection with that certain Loan Agreement dated as of June 28, 2006 by and between the Mississippi Development Bank and the City of Hattiesburg.

8. Authorize City of Hattiesburg to contract with Ameresco, Inc. for technical audit of water system to determine scope and cost of project to install automated water meter reading system throughout the City.

9. Authorize Mayor to execute agreement with Church of God in Christ for the right-of-Way Deed for the property located at 120 Old Airport Road. {Entitlement}

10. Authorize Mayor to execute an agreement between the City of Hattiesburg and Blue Cross Blue Shield of Mississippi, for city employees' health insurance coverage (Administrative Services Contract and Reinsurance Contract) for the period beginning October 1, 2008 and ending September 30, 2009.

11. Authorize Mayor to execute amendment to professional services agreement between the City of Hattiesburg and the Pruitt Group for consulting services, to provide direct assistance with acquiring public and other government funding, nunc pro tunc.

12. Authorize Mayor to execute Memorandum of Understanding between Wis-pak of Hattiesburg, LLC ("Wis-Pak"), Forrest County, and the City of Hattiesburg, for the acquisition and construction of a soft drink, water production and packaging facility by Wis-Pak.

13. Authorize the Mayor and City Clerk to execute Certification to the Municipal Compliance Questionnaire for fiscal year ending September 30, 2008.

14. Approve settlement agreement and release of all claims with Christopher Hackbarth.

15. Acknowledge receipt of Letter of Understanding from Nicholson & Company, P.A., to serve as Auditors for the City of Hattiesburg and the City of Hattiesburg s Water & Sewer System for the Fiscal Year ending September 30, 2008; authorize Council President to execute duplicate originals of Letter of Understanding for same.

16. Approve and authorize Mayor to execute in triplicate an amended Housing Rehabilitation Grant Award to Karen Cooley of 419 Scooba Street in an amount not to exceed $50,000 [excluding 10% allowance for change order/discovery repairs according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E)] in connection with the Subrecipient Agreement partnering the City of Hattiesburg Department of Urban Development- Community Development Division and Community Connections, Inc. to provide repairs to eligible homeowner occupied units within the Corporate City Limits. {Entitlement}

17. Approve and authorize Mayor to execute in triplicate a Housing Rehabilitation Grant Award to Doris Lewis of 517 Miller Street in an amount not to exceed $50,000 [excluding 10% allowance for change order/discovery repairs according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E)] in connection with the Subrecipient Agreement partnering the City of Hattiesburg Department of Urban Development- Community Development Division and one of the approved City of Hattiesburg Community Housing Development Organizations (CHDO's) to provide repairs to eligible homeowner occupied units within the Corporate City Limits. {Entitlement}

18. Approve and authorize Mayor to execute in triplicate a Housing Rehabilitation Grant Award to Gwen Varnado of 208 West 5th Street in an amount not to exceed $50,000 [excluding 10% allowance for change order/discovery repairs according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E)] in connection with the Subrecipient Agreement partnering the City of Hattiesburg Department of Urban Development- Community Development Division and Breakthrough Community Services, Inc. to provide repairs to eligible homeowner occupied units within the Corporate City Limits. {Entitlement}

19. Approve and authorize Mayor to execute in triplicate an amended Housing Rehabilitation Grant Award to JoAnn Hill of 1505 Kathleen Street in an amount not to exceed $50,000 [excluding 10% allowance for change order/discovery repairs according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E)] in connection with the Subrecipient Agreement partnering the City of Hattiesburg Department of Urban Development- Community Development Division and Breakthrough Community Services, Inc. to provide repairs to eligible homeowner occupied units within the Corporate City Limits. {Entitlement}

20. Approve and authorize Mayor to execute in triplicate an amended Housing Rehabilitation Grant Award to Lillie Nix of 414 Martin Luther King Avenue in an amount not to exceed $50,000 [excluding 10% allowance for change order/discovery repairs according to the Housing Rehabilitation and Housing Programs Manual Section VIII (E)] in connection with the Subrecipient Agreement partnering the City of Hattiesburg Department of Urban Development- Community Development Division and Breakthrough Community Services, Inc. to provide repairs to eligible homeowner occupied units within the Corporate City Limits. {Entitlement}

21. Adopt Resolution appointing George W. Schmidt as Municipal Court Judge , Post 3, effective October 1, 2008.

VII. ROUTINE AGENDA

1. Acknowledge receipt of the monthly budget report for the month ending September 30, 2008, on permanent file in the City Clerk s Office.

2. Acknowledge receipt of two-bid purchase docket report for period of August 26, 2008, through September 29, 2008, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.

3. Authorize Mayor to enter into Maintenance Contract between the City of Hattiesburg and L-1 Identity Solutions for finger print machines located in the Records Division in the amount of $2,317.00 and at the Forrest County Jail in the amount of $5,837.00 for a total of $8,154.00 for the period beginning September 5, 2008.

4. Authorize Mayor to execute Maintenance Agreement with RJ Young for a copying machine located in City Hall, 2nd floor/City Clerk s office for a period September 22, 2008 to September 22, 2009.

5. Acknowledge submission of contract with University of Southern Mississippi for the Title V juvenile delinquency program.

6. Acknowledge submission of contract with University of Southern Mississippi for the Juvenile Accountability Incentive Block Grant juvenile delinquency program.

7. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting $265.00 to the Hattiesburg Police Department and authorize monies to be placed in the Hattiesburg Police Department's Forfeiture Fund.

8. Acknowledge receipt of Declaration of Forfeitures from the Lamar County Court of one (1) vehicle as follows:

One (1) 2000 Dodge Durango VIN# 1B4HR2826YF283565

to the Hattiesburg Police Department, and authorize the vehicle to be placed in the inventory of the Hattiesburg Police Department.

9. Authorize publication of advertisement for bids for Phase I Street and pedestrian Lighting in Downtown Hattiesburg, Mississippi.

10. Authorize publication of advertisement for bids for Central Fire Station #1, 810 N. Main Street, Hattiesburg, Mississippi.

11. Approve sale of grave spaces per attached memo.

12. Authorize and approve issuance of a manual check for CDBG Program claim per attached memorandum. {Entitlement}

13. Authorize and approve issuance of a manual check for HOME Program claim per attached memorandum. {Entitlement}

14. Approve Claims Docket for the period ending September 30, 2008.

VIII. Public Agenda

1. Citizen Forum