CITY OF PASS CHRISTIAN, MISSISSIPPI

MINUTE BOOK 108

R E G U L A R M E E T I N G MARCH 21, 2017

BE IT REMEMBERED that the Mayor and Board of Aldermen of the City of Pass Christian, Mississippi met on the above date at the Municipal Court Bldg., 105 Hiern Avenue, Pass Christian, Mississippi, at 6:00 p.m., same being the time and place for said meeting.

PRESENT: Mayor Chipper McDermott, Alderman Anthony Hall, Alderman W. Earl Washington, Sr., Alderman Buddy Clarke, Alderman Kenny Torgeson, Police Chief Hendricks, City Attorney Malcolm Jones and City Clerk Marian Gest.

ABSENT: Alderman Victor Pickich

There being a quorum present to transact the business of the City, the following proceedings were had and done.

ADMINISTRATIVE

Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, minutes of the February 21, 2017 Regular Mayor and Board of Aldermen meeting, as requested by Dawn Sanders, Deputy City Clerk. A-1.

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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, minutes of the March 7, 2017 Regular Mayor and Board of Aldermen meeting, as requested by Dawn Sanders, Deputy City Clerk. A-2.

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Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, appointing Heather Rhodes to the Parks Commission, replacing Jace Ponder, who resigned, term ending March 20, 2019, as requested by Chipper McDermott, Mayor.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, Resolution and Lease Agreement with Barrett and Barrett, LLC and authorizing Mayor and City Clerk to execute same on an annual basis commencing on April 1, 2017, subject to renewal for up to three years for mobile food vendor business in the NW corner of the West Harbor Parking Lot, 400 square feet in area, with the annual rent at $5,000.00 per year. [The tenant will be required to pay at their own expense for any quick disconnect electrical and water and sewer hookups for their business with separate meters for water and electrical utilities; file a written evacuation plan with the City Floodplain Manager; obtain a renewable 180-day permit from the City Code Office to place the mobile trailer in the Flood Velocity Zone; with authority to construct screening surrounding the equipment that must be free-standing and not connected to the mobile food vendor business; and otherwise comply with all requirements of the City’s Floodplain Ordinance and FEMA/MEMA regulations. The tenant will further be required to provide the City with acceptable liability insurance for its operations naming the City as an additional insured with subrogation waived.] This is a sublease under the City’s Tidelands Lease with the Mississippi Secretary of State and is subject to their approval, as requested by Malcolm Jones, City Attorney. A-4.

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Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, Request by Barrett and Barrett, LLC to place proposed sign 6 ft. X 6 Ft. and four feet off ground West of intersection of Highway 90 with South Hiern (near Shaggys sign), as requested by Malcolm Jones, City Attorney. A-4a.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, Resolution and Lease Agreement with BBINPC, LLC, a Mississippi Limited Liability Company, (Edward Boudreaux) and authorizing Mayor and City Clerk to execute same on an annual basis commencing on April 1, 2017, subject to renewal for up to three years for automatic ice vending machine on North Wall of East Harbor between Piers C-5 and C-6, 400 square feet in area, with the annual rent initially established by the recent appraisal of the property by Doug Singletary at $500.00 per year. [The tenant will be required to pay at their own expense for any quick disconnect electrical and water hookups for the ice vending machines with separate meters for water and electrical utilities; file a written evacuation plan with the City Floodplain Manager; obtain a renewable 180-day permit from the City Code Office to place the ice vending machine trailer in the Flood Velocity Zone; with authority to construct screening surrounding the equipment that must be free-standing and not connected to the ice vending machine; and otherwise comply with all requirements of the City’s Floodplain Ordinance and FEMA/MEMA regulations. The tenant will further be required to provide the City with acceptable liability insurance for its operations naming the City as an additional insured with subrogation waived.] This is a sublease under the City’s Tidelands Lease with the Mississippi Secretary of State and is subject to their approval, as requested by Malcolm Jones, City Attorney. A-5.

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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, proclaiming May 20, 2017 Kids to Parks Day in Pass Christian, as requested by Chipper McDermott, Mayor. A-6.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, to table awarding bid for Termite Treatment to lowest and best bidder, Terminix of Gulfport, MS, in the amount of $16,515.18 initial payment and $2,740.52 annual renewal; amend the budget accordingly, as requested by Russell Holliman, Public Works Director. A-7.

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Upon motion of Alderman Washington, seconded by Alderman Clark, the Board approved unanimously, quote from ESS for election support for the primary election in the amount of $5,750.00 and for the general election in the amount of $6,950.00, ballots will be an additional charge of .03 each, as requested by Marian Gest, City Clerk. A-8.

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Upon motion of Alderman Hall, seconded by Alderman Clark, the Board approved unanimously, purchase of candy not to exceed $250.00 from Sam's to donate to the Pass Christian Park Commission for the annual Easter egg hunt at Memorial Park on April 15, 2017, this bringing favorable notice to the resources and opportunities of the City, as requested by Marian Gest, City Clerk.

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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, amendment to Supplemental Agreement with MAHC, Project Manager, for Oyster Hatchery to increase consultant fee by $1,500.00 and amend the budget accordingly. [Contract performance was delayed and extended due to unforeseen procurement and construction issues. This increased amount is within the DMR Grant budget and will be fully reimbursed to the City by the Grant.] A-10.

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Upon motion of Alderman Hall, seconded by Alderman Washington, the Board approved unanimously, amendment to Supplemental Agreement with Scott Rikard, Design Consultant, for Oyster Hatchery to increase consultant fee by $1,500 and to add additional scope of work as Change Order for consultant to provide materials and labor to install sealant for waterproofing floors in the sum of $3,150.00 for a total contract price increase of $4,650.00, amend the budget accordingly. The Project Engineer advises that this change order is necessary to the scope of work of the contract as originally bid; the project is not a new undertaking outside the original scope of work; the change of the work of the change order is reasonable and in line with the prices under the original contract; entering into the change order is commercially reasonable under the circumstances; and this change order will not circumvent the public purchasing statutes. [Contract performance was delayed and extended due to unforeseen design and construction issues. This increased amount is within the DMR Grant budget and will be fully reimbursed to the City by the Grant.] A-11.

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Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, deferred improvements bond in the amount of $85,630.00, as provided in subdivision ordinance requested by Whispering Oaks Subdivision developer and approving final plat for Phase One construction of four homes on lots fronting on Highway 90, Lots 1, 2,18 and 19, to cover paving of portion of street, curb and gutter, underground drainage, and other related improvements for such lots upon the condition that certificates of occupancy for these four homes will not be used until infrastructure work is complete, as recommended by City Engineer. A-12.

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Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, discussing procedure to be followed by Code Office and Planning Office concerning temporary placement or continued prohibition of off-premises business signs pending final installation of community signboards by City, as requested by Malcolm Jones, City Attorney.

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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, adopting amendment to Speed Limit Ordinance, as requested by Malcolm Jones, City Attorney. A-14.

·  Alderman Hall Aye

·  Alderman Washington Aye

·  Alderman Pickich Absent

·  Alderman Clarke Aye

·  Alderman Torgeson Aye

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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, donation in the amount of $125.00 to the Pass Christian Historical Society Home Tour, May 7, 2017, 2:00 p.m. to 5:00 p.m., this bringing favorable notice to the resources and opportunities of the City, as requested by Chipper McDermott, Mayor. A-15.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, authorizing a ¼ page advertisement in the amount of $40.00 for Gaberilla Swanier, who will be representing Pass Christian in the July 2017 pageant in Vicksburg, MS, this bringing favorable notice to the resources and opportunities of the City. A-16.

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Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, to table Prisoner Housing Contract for municipal prisoners and detainees with Stone County Regional Correctional Facility, with such contract to be subject to ratification or cancellation by the successor Administration of the City after the end of the current term of office, as requested by Malcolm Jones, City Attorney. A-17.

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Upon motion of Alderman Hall, seconded by Alderman Clarke, the Board approved unanimously, re-appointing Brian Bosch to the Parks Commission, term ending March 20, 2020, as requested by Chipper McDermott, Mayor.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, request from local church leaders for the use of and waiver of rental fees at Memorial Park on Saturday, April 22, 2017, from 11 a.m. to 3:00 p.m. for Day of Unity, this bringing favorable notice to the resources and opportunities of the City, as requested by Anthony Hall, Alderman. A-19.

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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, directing Amy Rishcel of Main Street to get prices for community signs that was directed at the December 28, 2016 Board of Aldermen Sign Workshop meeting for Hayden, Davis, Market and Henderson Avenues, at City expense and the business owners would pay for their individual placard, as requested by Chipper McDermott, Mayor.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, setting a policy on renting the City stage to non-profits inside the City limits, as requested by Chipper McDermott, Mayor.

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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, agreement with Buy A Barricade, as requested by Malcolm Jones, City Attorney. A-22.

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PLANNING DEPARTMENT

Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, the City Planner’s recommendation to approve a Re-Subdivision at 200 Pinewood Drive, Tax Parcels #0312M-01-068.000 and #0312M-01-067.000. The property owners, Elizabeth and Mark Young propose combining the two lots, as requested by City Planner, Danit Simon. PD-1.

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Upon motion of Alderman Clarke, seconded by Alderman Washington, the Board approved unanimously, the City Planner’s recommendation to approve a Re-Subdivision at 203 & 205 Baywood Drive, Tax Parcels #0212O-01-075.000 and #0212O-01-074.000. The property owners, Wayne J Sr & Annette M Francingues, propose combining the two lots, as requested by City Planner, Danit Simon. PD-2.

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Alderman Clarke recused himself at this time during the meeting.

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Upon motion of Alderman Washington, seconded by Alderman Hall, the Board approved unanimously, the Planning Commission’s recommendation to deny Application PD-1-2017, Thomas Genin, 115 Davis Avenue, Planning Commission Approval for an internally illuminated façade sign on the east side of the building facing Davis Avenue, in the T5C Mixed-Use Zone, as requested by City Planner, Danit Simon. PD-3.

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Alderman Clarke returned to the meeting.

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Upon motion of Alderman Hall, seconded by Alderman Clarke, the Board approved unanimously, the Planning Commission’s recommendation to approve Warrant Application PD-5-2017, Harold Dawley, 517 W North Street, Warrant request for a Ground-Mounted Sign for a Multiple-Occupancy Professional Building in the T4+ Mixed-Use Zone, as requested by City Planner, Danit Simon. PD-4.

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Alderman Clarke recused himself at this time during the meeting.

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Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, the Planning Commission’s recommendation to approve Warrant Application PD-6-2017, Ruth Ellen O’Dwyer as agent for AVMI LLC, 905 E 2nd Street, Warrant request for a Monument Sign in the T4+ Mixed-Use Zone, as requested by City Planner, Danit Simon. PD-5.

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Alderman Clarke returned to the meeting.

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CODE DEPARTMENT

Upon motion of Alderman Hall, seconded by Alderman Clarke, the Board approved unanimously, recommendation to hire Virginia Lowery as Planning and Code Administrator, with a hire date of March 22, 2017, a starting salary of $12.00 per hour, as requested by Shad Jeanfreau, Building Code Director. C-1.

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MAIN STREET

Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, Farm To Table event for Main Street April 23, 2017, closing the 100 block of Davis Avenue from 3 – 10 pm, use of barricades to close the 100 block of Davis Avenue, and the use of the Randolph Center as an inclement weather location, this bringing favorable notice to the resources and opportunities of the City, as requested by Amy Rishel, Main Street Director.

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Upon motion of Alderman Hall, seconded by Alderman Torgeson, the Board approved unanimously, setting May 20, 2017, as Blessing of the Fleet Day; and approve donation of $500.00 for event; approving overtime for necessary City employees, set up and use of the stage; and slip credit as prizes (Commercial 35’ & up, Commercial under 35’ and Pleasure), this bringing favorable notice to the resources and opportunities of the City, as requested by Amy Rishel, Main Street Director.