CITY OF PASS CHRISTIAN, MISSISSIPPI
MINUTE BOOK 109
R E G U L A R M E E T I N G JUNE 6, 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 W. Earl Washington, Sr., Alderman Buddy Clarke, Alderman Victor Pickich, Alderman Kenny Torgeson, Police Chief Hendricks, City Attorney Malcolm Jones and City Clerk Marian Gest.
ABSENT: Alderman Anthony Hall
There being a quorum present to transact the business of the City, the following proceedings were had and done.
ADMINISTRATIVE
Upon motion of Alderman Clarke, seconded by Alderman Washington, the Board approved unanimously, minutes of the May 9, 2017 Special Mayor and Board of Aldermen meeting, as requested by Dawn Sanders, Deputy City Clerk. A-1.
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Upon motion of Alderman Washington, seconded by Alderman Clarke, the Board approved unanimously, minutes of the May 16, 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 Torgeson, seconded by Alderman Washington, the Board approved unanimously, accepting check in the amount of $5,000.00 from St. Paul’s Carnival Association for the hard work and dedication our City workers and first responders provide to the Association and to approve the St. Paul Carnival Association Mardi Gras parade for Sunday, February 11, 2018. (Anne James, President will present check). A-3.
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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, extension of one year for preliminary plat approval for Whispering Oaks Subdivision and approving Deferred Improvement Performance Bond for new contractor, Greater Gulf Development, in the sum of $85,630, 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, being 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 issued by the Building Code Office until infrastructure work is complete, as recommended by City Engineer. [The City approved this Bond for another contractor selected by the Developerand that the contractor is no longer with the Project. (See March 21, 2017, meeting.] A-4.
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Upon motion of Alderman Washington, seconded by Alderman Pickich, the Board approved unanimously, advertisement for equipment for Splash Pad project, as requested Malcolm Jones, City Attorney.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, ratifying lease agreement commencing on June 1, 2017, with an annual lease rate of $16,000 as determined by a recent appraisal and authorizing purchase of General Liability insurance policy, Option I in the amount of $919.00 in favor of Sazerac Group,LLC as lessor for the lease of the property situated at 305 East Scenic Drive, Pass Christian, MS, to be used as overflow public parking, as requested by Malcolm Jones, City Attorney. A-6.
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Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, ratifying Development Agreement between City and Sazerac Group, LLC concerning public parking lot to be constructed on North portion of 305 E. Scenic Drive and construction of commercial building at 118 Davis Avenue and other related matters. A-7.
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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, payment of annual lease rate of $16,000.00 annually for property at 305 East Scenic Drive and amend the budget accordingly (117-105-600). A-8.
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Upon motion of Alderman Clarke, seconded by Alderman Washington, the Board approved unanimously, City Mayor and City Clerk to execute Disclaimer of City’s interest in the real property described in the Tax Title Confirmation suit of Fore v. City of Pass Christian, et als. Chancery Court, Harrison County, 1JD, Cause No. 13-1724 conditioned upon the payment of all back taxes, accrued interest and related expenses in the sum of $128.70, as recommended by the City Attorney. A-9.
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Alderman Clarke recused himself at this time during the meeting.
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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, to table request of Johnie Curren at 120 Fleites Avenue to have the Public Works department and the City Engineer look at his sidewalk and drainage, as requested by Aldermen Clarke and Washington. A-10.
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Alderman Clarke returned to the meeting.
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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, closing FEMA bank account no. 044308085, as requested by Marian Gest, City Clerk.
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Alderman Clarke recused himself at this time during the meeting.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, discussing request from Kevin Groves to have the City put limestone abd fill/sand on Dupoint Court, to move forward with the purchase of limestone and amend the budget accordingly, as requested by Alderman Torgeson. A-12.
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Alderman Clarke returned to the meeting.
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Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, having Mississippi Power, a Southern Company, install 1-35 foot Black aluminum pole and 1-320 watt LED Black Galleon light, along with a 90 foot underground Secondary Conductor in 2” conduit, as well as, a timer for a onetime cost of $560 and a monthly cost of $60.11 at Fleitas Avenue Basketball Court, as requested by Alderman Washington. A-13.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, changing the Tuesday, July 4, 2017 Regular Mayor and Board of Aldermen meeting to Wednesday, July 5, 2017 due to holiday.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, advertising for Request for Proposal for Ice Machine lease in the old harbor at location to be determined by Harbormaster, as requested by Mayor McDermott.
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Upon motion of Alderman Washington, seconded by Alderman Pickich, the Board approved unanimously, request by Harrison County to move West County polling place to Randolph Center. A-16.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, ratify accepting letter of resignation from Stephen Dick on Zoning Board effective May 19, 2017, as requested by Mayor McDermott. A-17.
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Upon motion of Alderman Washington, seconded by Alderman Pickich, the Board approved unanimously, Change order #2 for West Small Craft Harbor Replacement of Stainless Steel Hardware for existing 10” x 10” wood fillers –to Gill’s Crane & Dozer Service, Inc., adjustment of quantity due to actual field conditions, with a decrease of -$150.00 and a final contract amount of $18,900.00. 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, as requested by City Engineer, Bob Escher. A-18.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, Change order #1 for Drainage Repairs at 104 Fernwood Drive –to A & C Industrial, Inc., since existing drainage box is too small to accommodate the increase in pipe size and addition of 21 calendar days to perform additional work, with an increase of $3,200.00 and a final contract amount of $32,050.00. 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, as requested by City Engineer, Bob Escher. A-19.
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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, Change order #1 for Drainage Repairs at 110/108 Courtenay Avenue –to A & C Industrial, Inc., adjustment of quantity based on final field conditions, with a decrease of -$3,850.00 and a final contract amount of $24,900.00. The Project Engineer advises that the change in 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, as requested by City Engineer, Bob Escher. A-20.
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Upon motion of Alderman Torgeson, seconded by Alderman Clarke, the Board approved unanimously, Change order #1 for Small Craft Harbor Boat Launch Surface Improvements –to Gill’s Crane & Dozer Service, Inc., to allow addition of twenty-four (24) calendar days for material procurement and inclement weather, final contract amount of $155,000.00. 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, as requested by City Engineer, Bob Escher. A-21.
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Upon motion of Alderman Clarke, seconded by Alderman Pickich, the Board approved unanimously, advertising for Municipal parking lot – North portion of 305 E. Scenic Drive, 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 an order setting the Public Hearing date for the Motor Vehicle and Manufactured homes Ad Valorem Tax Schedule for FY 2017-2018, as requested by Marian Gest, City Clerk.
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PLANNING DEPARTMENT
Alderman Clarke recused himself at this time during the meeting.
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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, City Planner’s recommendation to approve a Re-Subdivision at 123 and 125 Fairway Drive, Tax Parcels #0213A-02-029.001 and #0213A-02-030.000. The property owners, Martin R & Evelyn B de Laureal have submitted a petition to move the interior lot line within an existing subdivision, as requested by City Planner, Danit Simon. [The applicant has submitted the Petition pursuant to MCA Section 17-1-23(4) and all adversely affected property owners have joined in the Petition.] PD-1.
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Alderman Clarke returned to the meeting.
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Upon motion of Alderman Washington, seconded by Alderman Torgeson, the Board approved unanimously, request by First Missionary Baptist Church for waiver of building permit fee and warrant application fee for 250 Clark Avenue, this bringing favorable notice to the resources and opportunities of the City, as requested by Malcolm Jones, City Attorney.
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Upon motion of Alderman Torgeson, seconded by Alderman Washington, the Board approved unanimously, ratifying warrant application for First Missionary Baptist Church – 250 Clark Avenue – to allow parking in first and second layers, waiver of street screen requirements for North and South parking lots, allow greater driveway width, waive tree planting requirement, and other related matters, as approved by Planning Commission and recommended by City Attorney and City Planner. [Church requested that Contractor be issued expedited building permit on May 17, 2017]. PD-3.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved, the Pass Christian Tree Board’s recommendation to approve Brian and Amy Head’s request to remove one protected Live Oak Tree from the property that has termite damage, and to pay the City for the one replacement tree, to be purchased and planted by the Beautification Department at a civic location (planting location may be determined by the Beautification Department). As requested by Danit Simon, City Planner. PD-4.
Alderman Clarke: Aye
Alderman Washington: Nay
Alderman Torgeson: Aye
Alderman Hall: Absent
Alderman Pickich: Aye
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Upon motion of Alderman Clarke, seconded by Alderman Torgeson, the Board approved unanimously, reviewing the Pass Christian Tree Board’s recommendation regarding Donald J. Demetz Jr.’s request to remove one oak tree from the property that has rot. The applicant has agreed to meet the SmartCode’s requirement to either plant two replacement oak trees or to pay the City for the replacement trees, to be purchased and planted by the Beautification Department at a civic location (planting location may be determined by the Beautification Department). As requested by Danit Simon, City Planner. PD-5.
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WATER DEPARTMENT
No action taken due to a lack of motions on adjustment request for Melanie Broadbridge in the amount of $4.57 for past due penalty. Ms. Broadbridge says she dropped payment in the Water Department’s drop box on Sunday, May 7, 2017. We show no record of such a payment and drop box is checked daily. Recommendation is to deny request based on previous rulings, as requested by WPSCO/Utilities Manager. W-1.
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Upon motion of Alderman Torgeson, seconded by Alderman Pickich, the Board approved unanimously, adjustment request for Denise Chaison in the amount of $113.00 for half of $226.00 for sewer charges only as a result of 41,000 gallons of water that went through the meter. Ms. Chaison states that they only visit once a month and have had the house checked for leaks. Recommendation is for half the sewer based on previous rulings, as requested by WPSCO/Utilities Manager. W-2.