October 3, 2006 Agenda
AGENDA
HATTIESBURG CITY COUNCIL
5:00 P.M. OCTOBER 3, 2006
I. Call to Order
II. Call to Prayer and Pledge of Allegiance
III. Agenda Order
IV. Approval of Minutes of September 5, 14, 18 and 19, 2006
V. PRESENTATION AGENDA
VI. POLICY AGENDA
1. Extend the State of Emergency for an additional thirty(30) days to allow for ongoing cleanup resulting from Hurricane Katrina on Monday, August 29, 2005.
2. Extend Emergency Ordinances 2886 and 2887 waiving certain zoning and public notice and hearing procedures in order to provide temporary emergency housing and temporary contractors facilities for an additional 90-day period, beginning September 14, 2006, and ending December 13, 2006, and extend all permits issued under the ordinances for the same period.
3. Take from the table and Adopt Resolution for property located at 730 River Avenue determining the property is in such a state of uncleanliness so as to be a menace to the health and safety of the community and providing a specified period of time to remove violations per the recommendation of the Code Enforcement Manager.
4. Adopt a Resolution appointing Debra Bernardo as Deputy Clerk of the City Council effective October 1, 2006, until further ordered.
5. Adopt the October 3, 2006 Amendments to the budget for the City of Hattiesburg for the fiscal year ending September 30, 2007; and adopt Resolution authorizing publication of amendments for funds in excess of 10% of the original appropriation fund balance.
6. APPROVE or DENY the subdivision plat filed by Russell Roberts, owner, to allow the subdividing of residentially zoned property as allowed in Article 6, Section 101 of certain undeveloped property located on Milbranch Road (a portion of parcel #5-1058-32); Hattiesburg Planning Commission recommended to APPROVE on September 6, 2006.
7. APPROVE or DENY the petition filed by Kenneth Koch, owner, for certain property located at 5687 U.S. Hwy. 49 (parcel #32-1039-46):
1. To vary from Section 12.02 which states that 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 an extension of forty-two (42) percent; and
2. To vary from Section 64.04 (1) which requires a minimum thirty (30) feet front yard set back, and instead allow eight (8) feet for a variance of twenty-two (22) feet; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
8. APPROVE or DENY the petition filed by House of the Lord, owner, represented by Bishop Henry Williams, PhD, for certain property located at 2000 West Fourth (parcel #21-968-5-1),
C-1. To vary from Section 95.07 (2 C) which states that church identification signs not exceed sixteen (16) square feet in area, and instead allow forty-nine (49) square feet in area for a variance of thirty-three (33) square feet;
C-2: To vary from Section 95.07 (2 C) which states that church identification signs are not internally illuminated, and instead allow internal illumination; and
C-3: To vary from Section 95.07 (2 D) which states that a church identification sign height shall not exceed six (6) feet, and instead allow a height of 7'7" for a variance of 1'7"; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
9. APPROVE or DENY the petition filed by Sunbelt-CHM, LLC, owners, represented by Timothy Burge, P.E., for certain property located at 119 Grand Drive (parcel # 4-1057-2), to vary from Section 84.01(2), which states that, the maximum fence height shall not exceed eight (8) feet on side or rear yards, and instead allow a fence height of nine feet two inches (9 2 ) surrounding the swimming pool at the rear; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
10. APPROVE or DENY the petition filed by L.J. Daniels, II, owner, for certain property located at 119 Kensington Drive (parcel # 6-478-1-15), to vary from Section 52.04 (2A) which states that the minimum side yard set back on properties in the R-1A (Single-Family Residential- 10,000 square feet) District shall be a minimum of ten (10) feet on each side, and instead allow eight (8) feet on each side for a variance of two (2) feet on each side; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
11. APPROVE or DENY the petition filed by Dr. Paul Calhoun, on behalf of John Mayfield, Cliff Lowry and Paul Calhoun, owners, represented by William F. Waits, P.E., for certain property located at 3422 Hardy Street (parcel #13-1012-12C & 13), to vary from Section 78.03 which states that the minimum buffer strip to be provided on properties in the B-3 (Community Business) District when abutting properties in residential districts, shall be a minimum of thirty (30) feet, and instead allow portions of the buffer strip to be reduced to a minimum of five (5) feet for a variance of 25 feet; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
12. APPROVE or DENY the petition filed by Kenneth Gerald and Joan Hampton, owners, represented by Joan Hampton, for certain property located at 2200 Adeline Street (parcel #23-1031-6), to vary from Section 52.04 (2A) which states that the minimum sideyard setback be 10 feet on each side, and instead allow 1.15 feet on one side for a variance of 8.85 feet and 8.3 feet on the other side for a variance of 1.7 feet; the Board of Adjustments voted to recommend APPROVAL on September 13, 2006.
13. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Blendco, Inc., for a period of ten (10) years on a total value of $11,244.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
14. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to BAE Systems RO Defense for a period of ten (10) years on a total value of $172,762.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
15. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to BAE Systems RO Defense for a period of nine(9) years on a total value of $451,390.00, commencing December 31, 2005 and ending December 30, 2014; and adopt a final order granting and allowing same.
16. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to CCDA Waters, LLC for a period of nine(9) years on a total value of $969,040.00, commencing December 31, 2005 and ending December 30, 2014; and adopt a final order granting and allowing same.
17. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Baldwin Transfer Co. for a period of nine(9) years on a total value of $2,625,424.00, commencing December 31, 2005 and ending December 30, 2014; and adopt a final order granting and allowing same.
18. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Western Container Corporation for a period of ten (10) years on a total value of $3,760,987.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
19. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Western Container Corporation for a period of nine (9) years on a total value of $1,485,093.00, commencing January 1, 2006 and ending December 30, 2015; and adopt a final order granting and allowing same.
20. Acknowledge receipt of letter from the Mississippi State Tax commission granting the requested Ad Valorem Tax Exemption to Hercules, Inc.. for a period of ten(10) years on a total value of $956,817.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
21. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Dickten & Masch MS, Inc. for a period of ten(10) years on a total value of $404,752.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
22. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Hattiesburg Paper Company & HPC Properties LLC for a period of ten(10) years on a total value of $479,959.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
23. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Zeon Chemicals, L.P. for a period of ten(10) years on a total value of $1,179,986.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
24. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Kohler Company for a period of ten(10) years on a total value of $32,752,005.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
25. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Structural Foam Molding, Inc. for a period of ten(10) years on a total value of $1,750,200.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
26. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Hybrid Plastics, Inc. for a period of ten(10) years on a total value of $955,216.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
27. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Excel Injection Molding, Inc. for a period of ten(10) years on a total value of $48,900.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
28. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Resinall Mississippi, Inc. for a period of nine(9) years on a total value of $870,035.00, commencing December 31, 2005 and ending December 30, 2014; and adopt a final order granting and allowing same.
29. Acknowledge receipt of letter from the Mississippi State Tax Commission granting the requested Ad Valorem Tax Exemption to Resinall Mississippi, Inc. for a period of ten (10) years on a total value of $1,371,974.00, commencing December 31, 2005 and ending December 30, 2015; and adopt a final order granting and allowing same.
30. Adopt a Resolution approving the request for a tax exemption filed by Joseph Troy, Jr. and Janie Elizabeth McIntire for ad valorem tax exemption, except school district ad valorem taxes, for property located at 406 6th Avenue, in the amount of $56,500, which is the increase in value of the building(s) per the 2006 tax role, for a period of seven (7) years beginning January 1, 2006 and ending December 31, 2011.
31. Authorize Mayor to execute duplicate, original Agreements with EAP Counseling Center, a division of Forrest General Hospital, for the Employee Assistance Program beginning October 1, 2006 and ending September 2007, at a cost of $1,785.00 per month.
32. Acknowledge receipt of Letters 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, 2006; authorize Council President to execute duplicate originals of Letters of Understanding for same.
33. Authorize Mayor to execute four (4) original copies of Supplemental Agreement No. 1 to Greenbriar Digging Services pertaining to the Booster Pump Station - Contract No. 3, as proposed in Supplemental Agreement No. 1 attached, City of Hattiesburg, Mississippi.
34. Authorize Mayor to execute SAFETEA-LU Earmark Memorandum of Understanding, in quadruple originals, between the Mississippi Department of Transportation and the City of Hattiesburg for Safety Improvements and to widen Hardy Street; agreement will allow the city to begin work on this project using procedures outlined in the MOU.
35. Authorize Mayor to execute SAFETEA-LU Earmark Memorandum of Understanding, in quadruple originals, between the Mississippi Department of Transportation and the City of Hattiesburg for Bicycle and Trolley Path Project (Rails to Trails); agreement will allow the city to begin work on this project using procedures outlined in the MOU.
36. Authorize Mayor to execute, in triplicate, Letter Agreement between the City of Hattiesburg and Neel-Schaffer, Inc., for professional services to make an assessment of the Hattiesburg Water Plant NO. 2 located on James Street.
37. Authorize Mayor to execute, in duplicate, Letter Agreement between the City of Hattiesburg and Neel-Schaffer, Inc., for professional services to develop and submit the Transportation Enhancement Grant Application for the Chain Park Project to the Mississippi Transportation Commission.
38. Authorize Mayor and City Attorney to execute agreement between the Department of the Army and City of Hattiesburg for Design and Construction Assistance for the North Lagoon Expansion and Sewer Line Upgrade for Hattiesburg, Mississippi.
39. Authorize Mayor to execute Agreed Order - Hattiesburg South
Lagoon - Water - NPDES MS0020303 - Hattiesburg, Forrest County, Mississippi, from MDEQ for violations cited during 2006 that occurred at the South Lagoon and authorize City Clerk to issue a manual check to MDEQ in the amount of $7,500.00 for same.
40. Authorize Mayor and City Clerk to execute revised wastewater agreement between the City of Hattiesburg and CMR that was approved at MB2004-4/80-82; said revision/name change is due to the utility district being titled as an LLC through the Public Service Commission and named Acadia Oaks LLC, therefore revision/name change of wastewater agreement is needed to reflect the correct title of Acadia Oaks LLC per the Public Service Commission.
41. Authorize Mayor and City Clerk to execute amendment to wastewater agreement between the City of Hattiesburg and Neill Development Company, Inc., approved at Minute Book 3003-3/587-588 for reasons as outlined in the amendment to wastewater agreement attached.
42. Authorize Mayor and City Clerk to execute duplicate agreements for the treatment of wastewater between the City of Hattiesburg and Mineral Creek Utility LLC for a specific area as per attached legal description containing 66 acres for residential development.
43. Authorize Mayor to execute, in triplicate, Engineering Agreement between the City of Hattiesburg and Shows, Dearman & Waits, Inc., for professional services to Perform Rehabilitation of the North and South Lagoons using FEMA Mitigation Funding.
44. Acknowledge receipt of and accept as a donation 30 generators from APC Development Corp., and authorize Mayor to execute Release for Equipment Donation.
45. Authorize purchase of sewer collection system serving Shadow Ridge Subdivision and Golf Community from JMJ Properties in the amount of $75,791.71; sewer collection system is connected to the city s present system and residents in this area are being billed sewer charges on a monthly basis.
46. Ratify and Confirm the Mayor s appointment of John Henry Duncan (W-1), to the Civil Service Commission, for a term (7/01/06-6/30/11) beginning October 3, 2006 and ending June 30, 2011.
47. Ratify and confirm the Mayor s re-appointment of Willie E. Clark(W-5), to the Housing Authority Board, for a five year term (5/19/06-5/18/11) beginning May 19, 2006 and ending May 18, 2011.
48. Ratify and confirm the Mayor s re-appointment of Mardis Walters(W-2), to the Housing Authority Board, for a five year term (9/18/06-9/17/11) beginning September 18, 2006 and ending September 17, 2011.
49. Authorize and approve Mayor to execute in triplicate CDBG Fa ade Grant Agreement between Diane Shepherd and the City of Hattiesburg concerning a portion of the cost for fa ade mural totaling $2,000.00 to the property located in the Central Business District of Downtown Hattiesburg at 210 South Main Street. {Entitlement}
50. Authorize and approve execution in triplicate of addendum to Fa ade Grant Agreement between Joe White and the City of Hattiesburg concerning a portion of the cost for fa ade improvements totaling $15,000.00 to include mural cost of $4,000.00 for a total award of $19,000.00 associated with the property located in the Central Business District of Downtown Hattiesburg at 122-128 East Front Street, MB2006-4/p569-577. {Entitlement}
51. Approve and authorize publication of Notice of Availability of 2007 Action Plan. {Entitlement}
52. Authorize and approve issuance of a manual check for CDBG Program claim per attached memorandum. {Entitlement}
VII. ROUTINE AGENDA
1. Acknowledge receipt of the monthly budget report for the month ending September 30, 2006, on permanent file in the City Clerk s Office.
2. Acknowledge receipt of two-bid purchase docket report for period of August 29, 2006, through September 25, 2006, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.
3. Acknowledge emergency purchases, purchased under declaration of emergency due to Hurricane Katrina, for the month of September, 2006.
4. Acknowledge Receipt of bids on September 14, 2006 for One (1) Mass Causality Decontamination System for the Southeast One Regional Response Team and accept the bid from Care Safety in the amount of $32,311.05 as the best bid received that meets the City s advertised specifications.
5. Acknowledge bid received September 14, 2006 for One (1) Complete Standby Electric Power System for the Southeast One Regional Response Team and accept the bid from Taylor Power Systems in the amount of $31,676.00 as the only bid received.
6. Acknowledge receipt of bids received on August 31, 2006, for term bid Item number 36 for the Public Services Department for the period beginning October 1, 2006 and ending March 31, 2007, and accept the term bids as per recommendation, as the lowest and best bids received that meet the city s advertised specifications.
7. Acknowledge receipt of bid on September 14, 2006 for One (1) Gooseneck Emergency Response Trailer for the Southeast One Regional Response Team and reject the bid because it is over budget.
8. Acknowledge receipt of bids received on September 21, 2006 for the Sewer Extension - Sullivan-Kilrain to Jervis Mims Road and award the bid to Pipe Services, Inc., in the amount
of $434,052.91, as the lowest and best bid received and authorize Mayor to execute contract for same.
9. Acknowledge receipt of executed contract between the City of Hattiesburg and Greenbriar Digging Services - 8" Sewer Line at the Hybrid Plastics Site - Forrest County Industrial Park, City of Hattiesburg, approved at MB 2006-4/331-332.
10. Acknowledge receipt of executed contract between the City of Hattiesburg and Casablanca Construction, Inc., to Install New Hangar at the Bobby L. Chain Municipal Airport - A.I.P. Project No. 3-28-0031-0014-2006, City of Hattiesburg, approved at MB 2006-4/332-333.
11. Acknowledge the transfer of ownership of two (2) cemetery plots located in Southeast Quarter (SE1/4) of Lot 114, Section 16, of Highland Cemetery, recorded in Minute Book 8 Page 48 from Mr. Claude Smith (deceased) to wife Mrs. Dorris L. Smith.
12. Approve the City s purchase of two (2) grave spaces located in Lot 93, Section 25, recorded at MB 1981-4/162, Highland Cemetery, in the amount of $250.00 from Elton P Raby Jr and Joyce A Raby , and authorize a manual check for the same.
13. Approve sale of grave spaces per attached memo.
14. Approve Claims Docket for the period ending September 30, 2006.
VIII. PUBLIC AGENDA
A. Citizen Forum
