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01-06-09 Proposed Agenda

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

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of December 2, 15 and 16, 2008

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. APPROVE or DENY the petition filed by David Hickman, on behalf of Hattiesburg Concrete Products, Inc., owner, represented by Jack Markowitz, to allow a Use Permit Upon Review for a junkyard (open storage) in a I-1 (Light Industrial) and B-3 (Community Business) Districts, for certain property located at 101 Dixie Pine Road (Parcels 166C-10115-45, 46 & 47; PPIN 06427, 06448 & 06449; Ward 5); Hattiesburg Planning Commission recommended toAPPROVE on December 3, 2008.

2. Take from the Table and APPROVE or DENY to adopt the Ordinance for the petition filed by Ryan Utterback, owner, to allow a zoning classification change from R-3 (Multi-Family Residential) District to B-2 (Neighborhood Business) District, for certain undeveloped property located along N. 38th Avenue (Parcel 12-748-15-1; PPIN 23172, Ward 3); Hattiesburg Planning Commission recommended to APPROVE on December 3, 2008.

3. APPROVE or DENY the petition filed by Community Connections, Inc., owner, represented by Donna A. Ali, for certain property located at 305 Claiborne Avenue (parcel #40-88-11-5B/ PPIN 31894, Ward 5);
1.To vary from Article 4, Section 52.04 (1) which states that the minimum front setback is thirty (30) feet in a R-1A (Single Family Residential) District, and instead allow twenty-two and a half (22.5) feet, for a variance of seven and a half (7.5) feet; and
2.To vary from Section 52.04 (3) which states that the minimum rear setback is twenty-five (25) feet, and instead allow nine and a half (9.5) feet, for a variance of fifteen and a half (15.5) feet;
Hattiesburg Board of Adjustments recommended to APPROVE on December 17, 2008.

4. Adopt an Ordinance amending The Variable Pay Plan (Attachment A-2 ), as part of Ordinance Number 2826, as amended by Ordinance 3017, to reflect changes in pay for Municipal Prosecutor - Post 1 of the City of Hattiesburg.

5. Adopt Resolution finding and determining that the resolution declaring the intention of the Mayor and City Council, City of Hattiesburg, Mississippi, to issue General Obligation Water and Sewer Bonds, Series 2009 of the City of Hattiesburg, Mississippi, in the maximum principal amount not to exceed seven million five hundred thousand dollars ($7,500,000) adopted on the 2nd day of December, 2008, was duly published as required by law; that no sufficient protest against the issuance of the bonds described in said resolution has been filed by the qualified electors; and authorizing the issuance of said bonds.

6. Adopt Resolution Authorizing Requisition Number 40 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.

7. Authorize the Mayor to execute an authority to cancel Resolution condemning the property at 213 S. 29th Avenue and authorize recording of same.

8. Authorize the Mayor to execute an authority to cancel Resolution condemning the property at 313 Att Avenue and authorize recording of same.

9. Approve revised Comprehensive Citizen Participation Plan for the HUD CDBG/HOME Programs; approve amendments to the 2008 Action Plan and carry over funds for CDBG and HOME expenditures.

10. Approve and authorize Mayor to execute in triplicate the budget modification for the water well for the Katrina Supplemental Community Development Block Grant.

11. Approve and authorize Mayor to execute in triplicate the budget modification for the fire station for the Katrina Supplemental Community Development Block Grant.

12. Authorize Mayor to execute, in triplicate, a Faade Improvement Grant Award to Janet F. McElroy ( 214 & 216 LLC) to assist in providing improvements to the building located at 214/216 Main Street, Hattiesburg, MS 39401 in the amount of $15,000.00. CDBG {Entitlement}

13. Approve and authorize Mayor to execute in triplicate a Housing Reconstruction Grant Award to Alice Sanders of 201 Ruby Avenue in an amount not to exceed $75,000 [excluding 10% allowance for change order]. {Entitlement}

14. Approve and authorize Mayor to execute in triplicate a Housing Reconstruction Grant Award to Cassandra Coleman of 1104 Cherry Street in an amount not to exceed $75,000 [excluding 10% allowance for change order]. {Entitlement}

15. Approve and authorize Mayor to execute in triplicate a Housing Reconstruction Grant Award to Vannie Lee Nicholson of 605 Short 5th Street in an amount not to exceed $75,000 [excluding 10% allowance for change order]. {Entitlement}

16. Authorize and approve execution in triplicate of addendum to the HOME Grant Agreement between Housing Alternatives of Hattiesburg, Inc. and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending September 30, 2009. MB2006-1/311-327.{Entitlement}

17. Authorize and approve execution in triplicate of addendum to the HOME Grant Agreement between Community Connections, Inc. and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending June 30, 2009. MB2002-3/174.{Entitlement}

18. Authorize and approve execution in triplicate of addendum to the HOME Grant Agreement between Pine Belt Community Services, Inc. and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending December 31, 2009. MB2007-1/74-82.{Entitlement}

19. Authorize and approve execution in triplicate of addendum to the HOME Grant Agreement between Breakthrough Community Services, Inc. and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending December 31, 2009. MB2006-2/79-8.{Entitlement}

20. Authorize and approve execution in triplicate of addendum to Public Service Grant Agreement between Oseola McCarty Youth Development Center and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending December 31, 2009. MB2007-2/pp550-559.{Entitlement}

21. Authorize and approve execution in triplicate of addendum to Public Service Grant Agreement between The University of Southern Mississippi - Institute for Disability Studies and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending December 31, 2009. MB2007-2/pp55-65.{Entitlement}

22. Authorize and approve execution in triplicate of addendum to Public Service Grant Agreement between The University of Southern Mississippi School of Social Work and the City of Hattiesburg Department of Urban Development - Community Development Division to amend contract to extend the performance period to January 1, 2009 ending December 31, 2009. MB2007-2/333-43.{Entitlement}

23. Authorize Mayor to execute duplicate Agreements between the Pine Belt Youth Development Initiative and City of Hattiesburg, for developing and promoting a golf instruction program for Hattiesburg area youth, beginning January 1, 2009. (Nunc Pro Tunc)

24. Authorize Mayor to execute agreement between the Mississippi State Fire Academy (MSFA) and the Hattiesburg Fire Department to conduct a field delivery program 1001 Certification Program (basic firefighter certification).

25.

01-05-09 Public Hearing, 101 Dixie Pine Road

PUBLIC NOTICE OF PUBLIC HEARING TO BE HELD AT 4:00 P.M. ON MONDAY, JANUARY 5, 2009, IN THE COUNCIL ROOM OF CITY HALL, PURSUANT TO ORDER ADOPTED DECEMBER 16, 2008, AT MINUTE BOOK 2008-7/459-460.

PUBLIC HEARING

HATTIESBURG CITY COUNCIL

4:00 P.M. MONDAY, JANUARY 5, 2009

1. Hold a public hearing for the appeal filed by Frankie Benton and David Rankin on behalf of Irene Chapel Neighborhood Association, to appeal the Planning Commissions recommendation to APPROVE the petition filed by David Hickman, on behalf of Hattiesburg Concrete Products, Inc., owner, represented by Jack Markowitz, to allow a Use Permit Upon Review for a junkyard (open storage) in a I-1 (Light Industrial) and B-3 (Community Business) Districts, for certain property located at 101 Dixie Pine Road (Parcels 166C-10115-45, 46 & 47; PPIN 06427, 06448 & 06449; Ward 5); Hattiesburg Planning Commission recommended toAPPROVE on December 3, 2008.

12-16-08 Proposed Agenda

PROPOSED AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. DECEMBER 16, 2008

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. PRESENTATION AGENDA

V. POLICY AGENDA

1. Take from the TABLE and 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 to adopt the Ordinance for the petition filed by Ryan Utterback, owner, to allow a zoning classification change from R-3 (Multi-Family Residential) District to B-2 (Neighborhood Business) District, for certain undeveloped property located along N. 38th Avenue (Parcel 12-748-15-1; PPIN 23172, Ward 3); Hattiesburg Planning Commission recommended to APPROVE on December 3, 2008.

3. Adopt a Resolution authorizing a Sixth Advance under that certain Loan Agreement, dated as of September 20, 2004, by and between the Mississippi Development Bank and the City of Hattiesburg.

4. Adopt Resolution informing the National League of Cities of the City of Hattiesburg s intent to participate in the NLC Prescription Discount Card Program and to work with CVS Caremark to implement the program for the benefit of the residents of the City.

5. Adopt Resolution Authorizing Requisition Number 39 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.

6. Approve and Authorize Mayor to execute duplicate original agreements with the Hattiesburg Convention Commission for management of the Saenger Theatre (nunc pro tunc).

7. Authorize Mayor to execute quadruple originals of Amendment #1 to Professional Services Agreement with Shows, Dearman & Waits, Inc. for the Rehabilitation and Improvements at Water Plant #2 on James Street dated June 3, 2008 recorded Minute Book # 2008-3/P439-458. The amendments are necessary to meet requirements for CDBG funds.

8. Authorize the Mayor to execute Three (3) applications for emergency work with the USDA, Natural Resources Conservation Service under the applicable authorities of the Flood Control Act, and as amended by Section 216 of the Flood Control Act of 1950, Public Law, 81-516 (33 USC 701b-1), for Lincoln Road, Edwards Street and North 25th Avenue with matching funds to be provided by the City through the 2008-2009 drainage improvement budget.

9. Authorize Mayor, City Clerk and City Engineer to sign Subdivision Plat for Lake View Phase 1 at Timberton I and accept infrastructure for maintenance after expiration of one (1) year warranty.

10. Declare and approve the purchase of Ten (10) New Complete Mounting Units for the Hattiesburg Police Department as a Sole Source Purchase in the amount of $14,500.00, as provided for in Section 31-7-13 (iii) of the Mississippi Code of 1972, based on information as per attached letter.

11. Declare and approve the purchase of Nine (9) DV-1 Digital In-Car Video Systems for the Hattiesburg Police Department in the amount of $46,080.00, from Watchguard Video 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.

12. Declare and approve the purchase of additional licenses for MobileCop Packet Cluster Software for the Hattiesburg Police Department, in the amount of $14,465.48, 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.

13. Ratify and confirm the Mayor s appointment of Harry Archer W5(replaces Frankie Benton Jr.), to the Tree Board for a term(10/8/07-10/7/10), beginning December 16, 2008 and ending October 7, 2010.

VI. ROUTINE AGENDA

1. Authorize Mayor to enter into/renew Maintenance Contract between the City of Hattiesburg and WatchGuard for maintenance on in-car video cameras for the Hattiesburg Police Department in the amount of $8,250.00.

2. Authorize Mayor to Renew Maintenance Contract between the City of Hattiesburg and Professional Computer Software Services for renewal of software located in the Court Division in the amount of $12,872.76, for the period beginning January 29, 2009 for the Hattiesburg Police Department.

3. Authorize Mayor to execute duplicate original contract between the City of Hattiesburg Parks and Recreation Department and the University of Southern Mississippi School of Human Performance and Recreation to develop and provide recreational services for individuals with disabilities for the Hattiesburg Residents. This program will operate October 1, 2008 through September 30, 2009. (Nunc Pro Tunc)

4. Authorize Mayor to execute original contract between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Arts Council to provide art for children and art and cultural opportunities for adults, seniors, and persons with disablilities for Hattiesburg Residents. This program will operate October 1, 2008 through September 30, 2009. (Nunc Pro Tunc)

5. Acknowledge receipt of bids received December 11, 2008 for two(2) Year Depositories and accept bids received.

6. Acknowledge receipt of letter filed by Frankie Benton and David Rankin on behalf of Irene Chapel Neighborhood Association, to appeal the Planning Commission=s recommendation for the petition filed by David Hickman, on behalf of Hattiesburg Concrete Products, Inc., owner, represented by Jack Markowitz, to allow a Use Permit Upon Review for a junkyard (open storage) in a I-1 (Light Industrial) and B-3 (Community Business) Districts, for certain property located at 101 Dixie Pine Road (Parcels 166C-10115-45, 46 & 47; PPIN 06427, 06448 & 06449; Ward 5); (Hattiesburg Planning Commission recommended to APPROVE on December 3, 2008), set a public hearing before Council on January 5, 2008 at 4 PM, and authorize publication of Public Notice setting an appeal hearing.

7. Acknowledge receipt of appointments by City Judge Jolly M. Matthews of Jasmeen Williams and Sherri Moore as Deputy Municipal Court Clerks.

8. Acknowledge receipt of Declaration of Forfeitures from the Forrest/Perry Metro Narcotics Task force forfeiting $5,397.00 to the Hattiesburg Police Department. The monies will be forfeited in the following manner: $4,317.60 to be placed in the Hattiesburg Police Department's Forfeiture Fund and $1,079.00 to the Forrest County District Attorney's Office.

9. Acknowledge award of 2008 Alcohol Awareness grant with modifications as requested by MS Department of Public Safety.

10. Acknowledge award of 2008 Violence Against Women grant for 2008 for the MS Department of Public Safety.

11. Acknowledge receipt of bids received on October 30, 2008, and accept the bid of Myers Underground Utilities of Hattiesburg, MS in the amount of $267,417.50 for the Sewer System Lift Station on Norton Road as being the lowest and best bid received and authorize Mayor to execute contract for same.

12. Approve Specifications and Authorize Publication of Advertisement for Nine (9) New Moving Radars for the Hattiesburg Police Department.

13. Acknowledge receipt of Privilege License Report for the month of November 2008 from the Tax Department, as per recommendation.

14. Approve sale of grave spaces per attached memo.

15. Approve Proofs of Publication for the month of November, 2008.

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

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

18. Approve and authorize issuance of manual checks for ADDI Program claim per attached memorandum. {Entitlement}

19. Approve Claims Docket for the period ending December 12, 2008.

VII. PUBLIC AGENDA

01-05-09 Work Session Agenda

WORK SESSION AGENDA

HATTIESBURG CITY COUNCIL

Monday, January 5, 2009

(Following Agenda Review)

ITEMS FOR DISCUSSION:

A-1Cable Advisory Board - Bradley

A-2Study of East Hattiesburg-Schools, Housing, Drainage, etc.-Delgado

UPDATE AS NEEDED TO KEEP COUNCIL INFORMED:

B-1Electronic Technology-Assessment

B-2Recycle Program-Status Update

B-3CHDO Report

B-4Mississippi Development Bank

B-5Report on conferences, seminars, etc.

12-02-08 Proposed Agenda

PROPOSED AGENDA
HATTIESBURG CITY COUNCIL
6:00 P.M. DECEMBER 2, 2008

I. Call to Order

II. Call to Prayer and Pledge of Allegiance

III. Agenda Order

IV. Approval of Minutes of November 3, 4, 17 and 18, 2008

V. PRESENTATION AGENDA

VI. POLICY AGENDA

1. Acknowledge receipt of technical audit of Hattiesburg water system by Ameresco, Inc.; authorize Mayor to enter into contract with Ameresco. Inc. for purposes of installing an automated water meter reading system in the City of Hattiesburg; authorize forwarding of audit and contract to Mississippi Development Authority for their review.

2. Declare sole source purchase of RTR registers and ORION Meter Reading System from Central Pipe Supply, Inc. for installation on Badger water meters for the Hattiesburg Water & Sewer System automated water meter reading project, as provided for in Section 31-7-13(viii), of the Mississippi Code of 1972, based on information as per attached letter and memorandum.

3. Adopt a resolution declaring the intention of the Mayor and Council (The "Governing Body" of the "City"), to issue general obligation water and sewer bonds, series 2009 of said city in the maximum principal amount of not to exceed seven million five hundred thousand dollars ($7,500,000) to raise money for the purpose of providing funds for erecting or purchasing waterworks and other public utility plants or distribution systems, and repairing, improving and extending the same; establishing sanitary, storm, drainage or sewerage systems, and repairing, improving and extending the same; and directing publication of notice of such intention.

4. APPROVE or DENY the petition filed by Friendship Baptist Church Trustees/Deacons (Buford Chapman, Jr.), owner, to allow a Use Permit Upon Review for a church in a R-1C (Single-Family Residential) District, for certain property located at 700 South Tipton Street (Parcel 43-696-13-1 & 2A; PPIN 22459 & 40054, Ward 2); Hattiesburg Planning Commission recommended to APPROVE, on November 5, 2008.

5. APPROVE or DENY the petition filed by Friendship Baptist Church (Buford Chapman), owner, for certain property located at 700 South Tipton Street (Parcel 43-696-13-1 & 2A; PPIN 22459 & 40054, Ward 2); to vary from Article 4, Section 54.04 (3) which states that the minimum rear setback required is twenty-five (25) feet in a R-1C (Single-Family Residential) District, and instead allow twelve (12) feet, for a variance of thirteen (13) feet; Hattiesburg Board of Adjustments recommended to APPROVE on November 19, 2008.

6. APPROVE or DENY the petition filed by Friendship Baptist Church Trustees/Deacons (Buford Chapman, Jr.), owner, to close and vacate a platted, undeveloped, unnamed alley running east/west between Tipton Street and McSwain Street and parallel to Putnam Street and Rebecca Avenue (Ward 2); Hattiesburg Planning Commission recommended to APPROVE, on November 5, 2008.

7. 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, for a variance of eight (8) 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; Hattiesburg Board of Adjustments recommended to APPROVE as amended, on November 19, 2008.

8. APPROVE or DENY the petition filed by Mike Gornak, on behalf of Southern Development, owner, represented by Brightway Services, for certain property located at 122 Carlisle Road (parcel #4-1057-17A, Ward 3); to vary from Article 5, Section 95.09 (2E), which states that a free standing sign front setback shall be a minimum of ten (10) feet, and instead allow a minimum of zero (0) feet, for a variance of ten (10) feet; and to vary from Section 95.09 (2F), which states that a free standing sign side setback shall be a minimum of fifteen (15) feet, and instead allow a minimum of zero (0) feet, for a variance of fifteen (15) feet; Hattiesburg Board of Adjustments recommended to APPROVE on November 19, 2008.

9. Adopt a Resolution authorizing and directing the issuance of a general obligation note (2008 General Obligation Note (Downtown Lighting), to raise money to pay for capital improvements and to pay the cost of such borrowing; prescribing the form and incidents of said note and making provision for the security and payment thereof; awarding the sale of the note; and making provision for maintaining the tax exempt status of the note.

10.Authorize establishment of new fund, to be titled 2008 General Obligation Note (Downtown Lighting) (Fund #90) for the purpose of recording proceeds of 5-year-old note issued to purchase and install lighting in the downtown Hattiesburg area.

11. Adopt Resolution to approve and adopt the budget for the 2008 General Obligation Note (Downtown Lighting) (Fund #90), for the City of Hattiesburg for the fiscal year ending September 30, 2009, and authorize publication of same.

12. APPROVE or DENY to adopt the Resolution for the City of Hattiesburg Comprehensive Plan 2008-2028; Hattiesburg Planning Commission recommended to APPROVE on October 8, 2008.

13. Take from the table and adopt a Resolution granting and allowing ad valorem tax exemption, except state and school district ad valorem taxes, to Equity Alliance of Hattiesburg, LLC. (successor to Cloverleaf Mall, LLC), for a period not to exceed nine (9) years, commencing on December 31, 2007 and ending on December 31, 2016, with a total true value of $3,083,904.00, or the amount approved by Mississippi Tax Commission.

14. Adopt Resolution Authorizing Requisition Number 38 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.

15. Authorize execution of Certificate of Board authorizing transactions with Trustmark National Bank

16. Authorize mayor to execute two (2) originals of the Acknowledgement Forms for Wire and/or Pipe Occupation Within The Limits Of A Public Right of Way for installing Fiber Optic lens under railroad track on West side of Highway 49 South and authorize City Council to issue manual check in the amount of $1,000.00 made payable to The Alabama Great Southern Railroad Company.

VII. ROUTINE AGENDA

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

2. Acknowledge receipt of two-bid purchase docket report for period of October 28, 2008, through November 20, 2008, as provided for in Section 31-7-13(B) of the Mississippi Code of 1972.

3. Authorize Mayor to execute duplicate original contracts between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Youth Soccer Association to develop and promote soccer programs for the Hattiesburg Residents. (Nunc Pro Tunc)

4. Authorize Mayor to execute duplicate original contracts between the City of Hattiesburg Parks and Recreation Department and the Hattiesburg Youth Soccer Association to develop and promote soccer programs for the Hattiesburg Residents. (Nunc Pro Tunc)

5. Authorize Mayor to execute duplicate original contracts between the City of Hattiesburg

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