06-02-09 Proposed Agenda

Please note that the City Council will meet at 10 a.m. Tuesday, June 2, because it is election day. The Agenda Review will begin at the regular time, 4 p.m., on Monday, June 1.

PROPOSED AGENDA
HATTIESBURG CITY COUNCIL
10 A.M. JUNE 2, 2009

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of May 4, 5, 18 and 19, 2009

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. APPROVE or DENY the petition filed by Hattiesburg Clinic, PA, owner, represented by William C. Billy Allen, for a temporary parking lot located at 200 Arlington Loop (parcel #13-372-1-2, PPIN 17800, Ward 3):
A. To vary from Section 78.03 which states that a thirty (30) foot buffer is required when a B-3 (Community Business) District abuts a B-1 (Professional Business) District, and instead allow a zero (0) foot buffer, for a variance of thirty (30) feet on the south and east side; and
B. To vary from Section 89.03 which states that parking facilities for residential, commercial and industrial uses shall have an all-weather hard surface, and instead allow crushed limestone parking.
Hattiesburg Board of Adjustments recommended to APPROVE as amended on May 20, 2009.

2. APPROVE or DENY the petition filed by Dean Stewart, on behalf of 38th Avenue Baptist Church, owner, represented by Headrick Sign Company (Jeremy Holland), for certain property located at 419 N. 38th Avenue (parcel #12-748-2-2/ PPIN 23033, Ward 3); to vary from Article 5, Section 95.07 (2C) which states that a church directional sign should not exceed sixteen (16) square feet in area and not be internally illuminated, and instead allow twenty-four (24) square feet in area and a LED reader board of twelve (12) square feet in area for a total of thirty-six (36) square feet in area, for a variance of twenty (20) square feet of message area and be internally illuminated in a R-2 (Two-Family Residential) District; to vary from Section 95.07 (2D) which states that a sign height shall not exceed six (6) feet, and instead allow ten (10) feet, for a variance of four (4) feet; to vary from Section 95.11 (4A) which states that internally illuminated signs are not permissible in R-2 (Two-Family Residential) zoning districts, and instead allow sign illumination; and to vary from Section 95.11 (6B) which states that electronic message board signs (LED) are not permissible in R-2 (Two-Family Residential) zoning districts, and instead allow electronic message board signs (LED) in a R-2 (Two-Family Residential) District; Hattiesburg Board of Adjustments recommended to APPROVE as amended, on November 19, 2008.

3. Adopt a Resolution designating the City of Hattiesburg voting delegates for voting in the 2009 Mississippi Municipal League election.

4. Adopt Resolution Authorizing Requisition Number 50 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.

5. Authorize Mayor to execute in triplicate Grant Agreement for Airport Improvement Program (AIP) Project No. 3-28-0031-017-2009, for the Hattiesburg Bobby L. Chain Municipal Airport with the U. S. Department of Transportation Federal Aviation Administration in the amount of $53,574.00.

6. Authorize Mayor to execute six (6) agreements with B & B Electrical & Utility Contractors, Inc. and six (6) agreements with J.L. McCool Contractors, Inc. for State Aid Project No. DECD-0037(22)B, Lamar County, Mississippi, for the W. 4th Street project that is being administered by Lamar County Board of Supervisors.

7. Approve Change order No. 1 and Authorize Mayor to execute five (5) originals of each Change Order increasing the contract in the amount of $47,500.00 for the 2008 City Hall Restoration water proofing the basement, United Restoration and Preservation, Inc. Increasing the total contract price from $587,000.00 to $634,500.00.

8. Ratify and confirm the Mayor s appointment of the following to the Contractor s Review Board for a three-year term as listed:

Clifford Lockhart Ward 5 General Contractor 6/20/09 6/2/12
Joe Gray Ward 4 Residential Builder 6/20/09 6/2/12
Willie Connor Ward 2 Plumber Contractor 6/20/09 6/2/12
Jim Smith Ward 1 Mechanical Contractor 6/20/09 6/2/12
Henry Blakney Ward 2 Electrical Contractor 6/20/09 6/2/12
Don McCleskey Ward 4 Architect 6/20/09 6/2/12
Richard Simmons Ward 3 Engineer 6/20/09 6/2/12
Frankie Benton Ward 5 At Large 6/20/09 6/2/12
Lamar Evans Ward 4 At Large 6/20/09 6/2/12

9. Acknowledge receipt of and approval to submit the Amended 2008 One-Year Action Plan for the City of Hattiesburg to the U.S. Department of Housing and Urban Development (HUD) for activities supported by $166,632.00 in Community Development Block Grant - Recovery (CDBG-R) funds.

10. Authorize publication of Intent to Request Release of Funds for 2009 Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) entitlement grant funds, in compliance with the U. S. Department of Housing and Urban Development (HUD) environmental requirements at 24CFR Part 58, in accordance with the National Environmental Policy (NEPA). {Entitlement}

11. Acknowledge receipt and approval of the partnership between the City of Hattiesburg and Salvation Army in a Housing Reconstruction Program in combination with the Department of Housing and Urban Development (HUD). This partnership will support reconstruction of 5 owner occupied units in the City of Hattiesburg. A total of $500,000 will be invested in this program with $120,000 approved on April 6, 2009 by the Salvation Army for this partnership.

VII. ROUTINE AGENDA

1. Acknowledge receipt of the monthly budget report for the month ending May 31, 2009, on permanent file in the City Clerk s Office.

2. Acknowledge receipt of two-bid purchase docket report for period of April 28, 2009, through May 25, 2009, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.

3. Authorize Mayor to Enter into a Service Agreement between the City of Hattiesburg and Hewlett-Packard Express Services for a HP Laserjet 3550 Printer in the amount of $139.00, for the period beginning May 13, 2009.

4. Authorize Mayor to Renew Maintenance Contract between the City of Hattiesburg and Strategic Systems & Technology Corporation for asset tracking software in the amount of $699.00, for the period beginning June 15, 2009.

5. Acknowledge receipt of 2009 USDOJ Byrne Justice Assistance Grant as a result of the American Recovery Reinvestment Act to the Hattiesburg Police Department in the amount of $134,390.40 and authorize monies to be placed in the Hattiesburg Police Department's Automobiles-Byrne Grant 001100.7402.

6. Acknowledge online submission of USDOJ Byrne JAG grant in the amount of $235,271 to be shared between Hattiesburg, Forrest County and City of Petal.

7. Acknowledge receipt of the bids received May 21, 2009, for Eight (8) New 2009 Law Enforcement Motorcycles for the Hattiesburg Police Department Traffic Division for Monthly Lease Agreement to End March 31, 2011, with Unlimited Mile Warranty, and accept the bid of Daytona Harley Davidson at a cost of $250.00 per month each, for a total cost of $42,000.00, as the lowest and best bid received that meets the City s advertised specifications.

8. Acknowledge receipt of bids opened on May 21, 2009 for Various Term Bid Items (# s 32, 33, 34, 35, 36, 37, & 38) for the Water Department for the period beginning June 3, 2009, and ending March 31, 2010, and accept the term bids as per recommendation, as the lowest and best or only bids received that meet the city s advertised specifications.

9. Approve the issuance of taxi permit/badge E-066 to Charles E. Ward to drive for Hub City Taxi Cab Company.

10. Approve the issuance of taxi permit/badge E-084 to Noel W. Parrett to drive for Yellow Cab Company.

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 May 31, 2009.

VIII. PUBLIC AGENDA

1. Citizen Forum

05-19-09 Proposed Agenda

PROPOSED AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. MAY 19, 2009

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. PRESENTATION AGENDA

V. POLICY AGENDA

1. APPROVE or DENY to adopt the Ordinance for the petition filed by Steve and Felicia Barnes, owners, to allow a zoning classification change from R-1C (Single-Family Residential) District to B-2 (Neighborhood Business) District, for certain undeveloped property located along Hwy 42 (Parcel 33-4-8-1; PPIN 12780, Ward 2); Hattiesburg Planning Commission recommended to DENY on May 6, 2009.

2. Adopt Resolution Authorizing Requisition Number 49 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.

3. Rescind Resolution adopted May 5th, 2009, to set public hearing at MB 2009-3, pages 216-217.

4. Approve Change Order No. 1 for the Hattiesburg Police Department New Service Center in the amount of $2,100.00, increasing the construction cost from $9,948.00 to $12,048.00.

5. Approve Change Order and Authorize Mayor to execute quadruple originals of each Supplemental Agreement No. 1 and Supplemental Agreement No. 2 increasing the contract in the amount of $4,864.04 for Broome Construction, LLC for the Storm Water Improvements near Klondyke . Increasing the total contract price from $207,671.00 to $212,535.04.

6. Approve Change Order and Authorize Mayor to execute four (4) originals of each Supplemental Agreement No. 1 and Supplemental Agreement No. 2 in the amount of $33,628.00 to Myers Underground Utilities, LLC for Sewer System Expansion along U. S. Highway 98 near Baracuda Drive as outlined in Supplemental Agreement No. 1 and Supplemental Agreement No. 2 attached, therefore increasing the total contract price from $417,448.55 to $451,076.55.

7. Approve Change Order and Authorize Mayor to execute four (4) originals of each Supplemental Agreement No. 1 and Supplemental Agreement No. 2 decreasing the contract in the amount of $56,513.21 for Lampkin Construction Company, Inc. for the Storm Sewer Rehabilitation along Dixie Pine Road. Decreasing the total contract price from $735,469.50 to $679,256.29.

8. Authorize Mayor to execute agreements with Spec. Rescue International to conduct "Trench Operations & Technician" training course at a cost of $14,250, and "Rope Operations & Technician" training course at a cost of $26,065, for the Regional Response Team, said classes to be conducted at the Hattieburg Police & Fire Training Academy.

9. Authorize Mayor to execute agreement with Cellular South for cellular service for the City of Hattiesburg.

10. Authorize the Mayor to execute in duplicate Project Agreement, Attachment A, Operations and Maintenance Agreement and Plan, Assurance Relating to Real Property Acquisition, Lincoln Road, Edwards Street and North 25th Avenue, Forrest County, Hattiesburg, Mississippi - DSR #'s 280350901, 280350902 and 280350903.

11. Approve and authorize in triplicate (3) Agreement between City of Hattiesburg and Kansas City Southern Railway Company for Sanitary Sewer bore on W.S.F. Tatum Blvd for the WIS PAK Project. Authorize payment by manual check in the amount of $2,500.00 for a fee for 1st year and $750.00 annually for the use of railway company's right-of-way. Non-refundable to Jones Lang LaSalle Americas, Inc. for WIS PAK Project - CDBG.

12. Approve and authorize duplicate application to the Illinois Central Railroad Company for License to install 10" PVC sanitary sewer force main in a 16" steel casing across, along and underneath the property of the railroad at Mile Post 91.06 of Illinois Central Railroad and authorize payment of manual check in the amount of $3,450.00 as a non-refundable fee to Canadian National for WIS PAK Project - CBDG.

13. Authorize Mayor to execute Request for Cash and Summary Support Sheet No. 2 in the amount of $ 161,650.50 for Administration and application preparation and for construction of a public building in connection with CDBG Project # R-110-186-01-GZ, New Central Fire Station No. 1 Project.

14. Authorize Mayor to execute Request for Cash and Summary Support Sheet No. 2 in the amount of $14,191.00 for Administration and application preparation in connection with CDBG Project # R-110-205-02-GZ, James Street Water Plant.

15. Authorize Mayor to execute Request for Cash and Summary Support Sheet No. 2 in the amount of $ 31,500.00 for Administration and application preparation in connection with CDBG Project # R-103-205-01-KED, WIS-PAK Project.

16. Approve payment of $1,200.00 for penalty as stated in Agreed Order No. 5347-07 dated 12/26/07 and amended 11/04/08 and 01/23/09 for contractor DRM Utilities failing to complete project North Lagoon Chlorination Basin on February 28, 2009. Contractor will pay to the City of Hattiesburg liquidated damages in the amount of $2,600.00 which will be deducted from contractors final payment.

17. Authorize Mayor to submit an application for partnership from the Hattiesburg Police Department to the National Police Athletic League Association.

18. Ratify and confirm the Mayor s appointment of Fred Burns, W2 (replaces Clyde Bryant) to the Hattiesburg School Board, for a term (3/03/07 to 3/2/12), beginning 5/19/09 and ending 3/2/12.

19. Ratify and confirm the Mayor s appointment of Mikel H. Uqdah, W5 (replaces John Buckley) to the Pine Belt Regional Solid Waste Authority, for a term (7/01/06 to 6/30/10), beginning 5/19/09 and ending 6/30/10.

VI. ROUTINE AGENDA

1. Approve and authorize advertisement of a Public Hearing for review and comment on the Cable Franchise Agreement in compliance with Section 626 of the Cable Act as amended in order to identify future cable-related community needs and interests.

2. Authorize publication of Notice of Public Hearing for the Hattiesburg Historic Conservation Commission to review the proposed Parkhaven Local Historic District and give recommendations to Council.

3. Authorize and approve publication of Notice of Public Hearing to receive input from citizens per U. S. Department of Housing & Urban Development (HUD) public notice mandate. The purpose of this hearing is to capture citizens input prior to amendment to the City's 2008 One-Year Action Plan, which will include CDBG Recovery Act Funding Initiative pending HUD's official approval guidelines. The stated award amount is $166,632.00. {Entitlement}

4. Acknowledge receipt of letter filed by Catherine McMickle and Marion Smith, to appeal the Planning Commission's recommendation for the petition filed by Ray Coleman, Jr., to allow a portion of the public street presently known as Country Club Road (running southwest from Ashford Street to U.S Highway No. 49), to be renamed to J.C. Killingsworth Road; (Hattiesburg Planning Commission recommended to APPROVE on May 6, 2009), set a public hearing before Council on June 15, 2009 at 4 PM, and authorize publication of Public Notice setting an appeal hearing.

5. Approve payment Estimate No. 8 and Final Payment in the amount of $16,981.41 to Lampkin Construction Company, Inc. for construction services rendered; approve final acceptance of said project; and Authorize Publication of the Notice of Final Settlement of contract for same.

6. Approve payment Estimate No. 8 and Final Payment in the amount of $18,933.86 to Myers Underground Utilities, LLC for construction services rendered; approve final acceptance of said project; and Authorize Publication of the Notice of Final Settlement of contract for same.

7. Approve payment Estimate No. 3 and Final Payment in the amount of $19,259.78 to Broom Construction Company, Inc. for construction services rendered; approve final acceptance of said project; and Authorize Publication of the Notice of Final Settlement of contract for same.

8. Acknowledge receipt of certification of the results of the Primary Election held on May 5, 2009, from the Municipal Democratic Executive Committee.

9. Acknowledge receipt of 2008 USDOJ Byrne Justice Assistance Grant in partnership with Forrest County.

10. Acknowledge receipt of a Drainage Release executed by Kelvin Carter, releasing the City from any damages which may occur due to the construction on property located at 4 Valmont Circle, and authorize recording of same.

11. Acknowledge receipt of the bid received April 30, 2009, for Rolling Doors for the Police Service Center and accept the bid of Overhead Door Company of Hattiesburg, Inc. in the amount of $17,081.00 as the only bid received that meets the city s advertised specifications.

12. Acknowledge receipt of bids received on May 7, 2009, for lease a minimum of six (6) unused, 22 cubic yard, high compaction, automated Refuse Collection Trucks including body and chassis and reject the bids due to no bids met the published specifications. And authorize advertisement for bids.

13. Acknowledge Proofs of Publication for the month of March, 2009.

14. Acknowledge receipt of Privilege License Report for the month of April 2009 from the Tax Department, as per recommendation.

15. Approve sale of grave spaces per attached memo.

16. Approve and authorize issuance of manual check for HOME Program claim per attached memorandum. {Entitlement}

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

18. Approve Claims Docket for the period ending May 15, 2009.

VII. PUBLIC AGENDA

1. Citizen Forum