09-08-09 Agenda
Please note that there will not be a Monday Agenda Review due to the Labor Day holiday. The Citizens' Forum will be held Tuesday. AGENDA
HATTIESBURG CITY COUNCIL
4 P.M. SEPTEMBER 8, 2009
I. Call to Order
II. Call to Prayer and Pledge of Allegiance
III. Agenda Order
IV. Approval of Minutes of August 3, 4, 17, and 18, 2009
V. PRESENTATION AGENDA
VI. POLICY AGENDA
1. APPROVE or DENY to adopt the Ordinance to rename Highway 42 Bypass (extending from U.S. Highway 49 to U.S. Hwy 11 at the Petal Bridge, Ward 2) to James Boykin Drive.
2. APPROVE or DENY the petition filed by Eddie Rester (Lead Pastor), on behalf of Parkway Heights United Methodist Church, owner, represented by Sally Hughes (Albert & Associates Architects), to allow Use Permits Upon Review for portion of a church(666 square feet) and a parking lot in a R-3 (Multi-Family Residential) District on certain property located at 2420 Hardy Street (parcel # 22-324-4-2, PPIN 16480, Ward 4); Hattiesburg Planning Commission recommended to APPROVE on August 5, 2009.
3. APPROVE or DENY the petition filed by Eddie Rester (Lead Pastor), on behalf of Parkway Heights United Methodist Church, owner, represented by Sally Hughes (Albert & Associates Architects), for certain property located at 2420 Hardy Street (parcel # 22-324-4-2, PPIN 16480, Ward 4); to vary from Article 4, Section 60.04 (1) which states that the minimum front setback required is thirty (30) feet, and instead allow a minimum of fifteen feet seven inches (15 7 ), for a maximum variance of fourteen feet three inches (14 3 ); to vary from Section 60.04 (2C) which states that on a corner lot the side yard abutting a street right-of-way shall be a minimum of thirty (30) feet, and instead allow twenty-eight feet one inch (28 1 ) , for a variance of one foot nine inches (1 9 ), and to vary from Article 5, Section 78.04 (1) which states that a green space of a minimum of ten (10) feet in depth shall be located parallel to the public right-of-way on all frontages, and instead allow zero (0) feet, for a variance of ten (10) feet in a B-3 (Community Business) District & R-3 (Multi-Family Residential) District; Hattiesburg Board of Adjustments recommended to APPROVE on August 19, 2009.
4. APPROVE or DENY the petition filed by Josh Morris, owner, for certain newly annexed undeveloped properties located on Shadow Ridge Road Lots 124, 130-132, 134, 136, 140, 143, 145, 147-149, 150, 152 & 154 (PPINs 24100, 24106, 24107, 24108, 24110, 24112, 24116, 24119, 24121, 24123-24124, 24125-24127, 24129, Ward 3); to vary from Article 4, Section 55.04 (4) which states that the minimum rear setback required is twenty-five (25) feet, and instead allow twenty (20) feet, for a variance of five (5) feet on all lots; Hattiesburg Board of Adjustments recommended to APPROVE on August 19, 2009.
5. APPROVE or DENY the petition filed by St. Vincent de Paul (Don McCloskey), owner, for certain property located at 209 Buschman Street (parcel # 35-444-7-4, PPIN 18556, Ward 4); to vary from Article 4, Section 60.04 (1) which states that the minimum front setback required is thirty (30) feet, and instead allow ten (10) feet, for a variance of twenty (20) feet in a B-3 (Community Business) District; Hattiesburg Board of Adjustments recommended to APPROVE on August 19, 2009.
6. APPROVE or DENY to adopt the Ordinance changing and amending Chapter 6, Article XIV and XVIII of the Code of Ordinances, and various sections of the Land Development Code, as amended, of the City of Hattiesburg, Mississippi, so as to repeal the establishment of the Board of Adjustments and to amend the duties of the Planning Commission and repealing any ordinances in conflict therewith; as per the Hattiesburg Planning Commission recommendation on May 6, 2009.
7. Adopt an Ordinance amending Section 6-9 of the Code of Ordinance of the City of Hattiesburg to increase the pay schedule of the City of Hattiesburg Election Commissioners for municipal elections; and amending Ordinance 2458, adopted 9-07-93.
8. Acknowledge receipt of petition from duly registered and qualified electors/voters of the City of Hattiesburg, who reside in that portion of the City located in Lamar County annexed into the City in 2007, 2008 and 2009, requesting that pursuant to Section 67-1-14, MS Code of 1972 as amended, an election by the duly qualified electors/voters who reside in that portion of the City located in Lamar County annexed by the aforementioned annexations be ordered by the City Council for October 20, 2009, to determine whether the legal sales and possession of alcoholic liquors shall be permitted in the portions of Lamar County, Mississippi annexed by the aforementioned annexations by the City, which presently prohibits such sale and possession; adopt a resolution approving same.
9. Adopt the September 8, 2009 Amendments to the budget for the City of Hattiesburg for the fiscal year ending September 30, 2009; and adopt Resolution authorizing publication of amendments for funds in excess of 10% of the original appropriation fund balance.
10. Adopt Resolution Authorizing Requisition Number 55 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.
11. Authorize Mayor to execute Request for Cash and Summary Support Sheet No. 6 in the amount of $15,390.00 for Engineering Expenses in connection with CDBG Project # R-110-205-02-GZ, James Street Water Plant.
12. Authorize Mayor to execute Request for Cash and Summary Support Sheet No. 6 in the amount of $ 19,426.33 for Administration and application preparation and for construction of a public building in connection with CDBG Project # R-110-205-01-GZ, New Central Fire Station No. 1 Project.
13. Authorize Mayor to execute in duplicate original Airport Development Agreement between the Mississippi Department of Transportation Aeronautics Division and City of Hattiesburg, to provide the City $1,410 which is of the local share and 2.5% of the total cost of improvements to the Phase II Taxiway Drainage Improvements, Project No. AIP # 3-28-0031-017-2009.
14. Authorize the Mayor to execute triplicate original agreements with C.J. Morgan Inc. for the installation of infrastructure in connection with Habitat for Humanity s Celeste Place Subdivision. {Entitlement}
15. Approve preparation fee in the amount of $750.00 as a non-refundable preparation fee to Canadian National Railroad to install water line under railroad along Dixie Pine for the Dixie Pine Road Water Main Project and authorize City Clerk to issue manual check for same.
16. Authorize the Mayor to execute grant agreement/contract for the City of Hattiesburg Public Transit System (Hub City Transit) for the Capital amount of $499,334.00 with the U.S. Department of Transportation Federal Transit Administration (FTA) 49.U.S.C. 5307 Urbanized Area Formula American Recovery and Reinvestment Act of 2009 Grant Funds. (Nunc Pro Tunc)
17. 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, 2009 and ending September 30, 2010.
18. Authorize Mayor to execute agreement for life and dental insurance with Met Life Insurance Company, beginning October 1, 2009.
19. Acknowledge receipt of and approve proposal from Turning Point Auctions, LLC to provide for disposal of surplus property by public auction on an as needed basis, and authorize Mayor to execute contract for same.
20. Authorize and approve Mayor to execute Cancellation of Lien of Deed of Trust from Kenneth Cooley Grantor to Charles E. Lawrence Jr, Trustee, City of Hattiesburg, Beneficiary, record in the Deed of Trust Book 1594 at Page 594 in the office of the Chancery Clerk of Forrest County, Mississippi, in connection with the FACADE Program. {Entitlement}
21. Declare and approve the purchase of Firehouse ACS Software as a sole source purchase as provided for in Section 31-7-13 (viii), of the Mississippi Code of 1972, based on information as per attached letter and memorandum.
22. Authorize and approve publication of Notice of Availability of the City of Hattiesburg Department of Federal and State Programs' Draft 2010 One-Year Action Plan Component of the Consolidated Plan in connection with the Community Development Block Grant Program (CDBG) and the HOME Investment Partnership Program (HOME). {Entitlement}
23. Acknowledge the receipt of letter and Warranty Deed from Tatum Development Corporation for PPIN #18752 and 18739; accept property as a donation and authorize recording of deed.
24. Ratify and confirm the Mayor's re-appointment to the Municipal Election Commission for a four (4) year term, ending June 30, 2013 of the following: Nina Arrington Smith (W1), Karlynn Courtney (W3), George DeCoux, Jr. (W4), and Daisy Lee Wade (W5).
25. Ratify and confirm the Mayor's appointment of Mary Newsome, W2 (replaces Beverly Carter) to the Municipal Election Commission for a 4- year term beginning September 8, 2009 and ending June 30, 2013.
VII. ROUTINE AGENDA
1. Acknowledge receipt of the monthly budget report for the month ending August 31, 2009, on permanent file in the City Clerk s Office.
2. Acknowledge receipt of two-bid purchase docket report for period of July 28, 2009, through August 31, 2009, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.
3. 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, 2009; authorize Council President to execute duplicate originals of Letter of Understanding for same.
4. Authorize Mayor to Renew Maintenance Contract between the City of Hattiesburg and South Mississippi Business Machines for maintenance on a copier located in the Hattiesburg Police Department for the period beginning August 2, 2009.
5. Authorize Mayor to Renew Maintenance Contract between the City of Hattiesburg and South Mississippi Business Machines for maintenance on a copier located in the Hattiesburg Police & Fire Training Academy for the period beginning August 8, 2009.
6. Approve acceptance of payment in the amount of $ 757.41 for the purchase of parcel #30-628-5-16 for 2002 realty taxes that matured to the City of Hattiesburg; approve issuance of a Quitclaim Deed to Ruby Wiley, to clear the title.
7. Acknowledge receipt of Patents of transferred property from the State of Mississippi and authorize recording of same.
8. Authorize submission of 2009 MDEQ Hazardous Household Waste "Amnesty Day" grant in the amount of $75,000.
9. Authorize submission of 2009 USDOJ COPS Technology Grant in the amount of $150,000 (nunc pro tunc); acknowledge award and acceptance of 2009 USDOJ COPS Technology grant and authorize Mayor to execute contract for same.
10. Acknowledge award of USDOJ Byrne Justice Assistance grant for 2009 in the amount of $53,611.
11. Acknowledge the receipt of receipt of sales in the amount of $11,434.00 from the Manheim Mississippi Auction sale held on May 16, 2009.
12. Acknowledge the receipt of appointment by Municipal Judge Vanessa Jones of Kay Davis and appointment by Municipal Judge George Schmidt of Charlesha Killingsworth as Deputy Municipal Court Clerks.
13. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting one (1) 1995 GMC Truck, VIN: 1GTEC14H6SZ563426, to the Hattiesburg Police Department, and authorize vehicle to be placed on the Hattiesburg Police Department's inventory.
14. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting $438.00 to the Hattiesburg Police Department. The monies will be forfeited in the following manner: $350.40 to be placed in the Hattiesburg Police Department's Forfeiture Fund and $87.60 to the Forrest County District Attorney's Office.
15. Acknowledge receipt of bids received on June 4, 2009 and accept the bid of Palmer Electric, Inc., of Petal MS in the amount of $478,493.00 for Furnishing and Installing Emergency Generators at Five (5) locations within the Corportate Limits in Hattiesburg, MS as being the best bid received and authorize Mayor to execute contract after concurrence with MEMA.
16. Acknowledge receipt of bids on August 20, 2009 for Term Bid Item #38 - Crushed Concrete for the Public Services Department for the period beginning September 9, 2009, and ending March 31, 2011, and accept the term bid as per recommendation, as the best bid received that meets the city s advertised specifications.
17. Acknowledge receipt of Privilege License Report for the month of July 2009, from the Tax Department, as per recommendation.
18. Approve sale of grave spaces per attached memo.
19. Authorize and approve issuance of a manual check for HOME Program
claim per attached memorandum. {Entitlement}
20. Authorize and approve issuance of a manual check for HOME Program
claim per attached memorandum. {Entitlement}
21. Approve Claims Docket for the period ending August 31, 2009.
VIII. PUBLIC AGENDA
1. Citizen Forum
