CITY OF PASS CHRISTIAN, MISSISSIPPI

MINUTE BOOK 77

R E G U L A R M E E T I N G DECEMBER 18, 2012

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 Huey Bang, Alderwoman Renee Brooks, Alderman Anthony Hall, Alderman Joseph Piernas, Sr., Alderman Robin Rafferty, Malcolm Jones, City Attorney; Marian Gest, City Clerk.

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

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, to open sealed bids for the City of Pass Christian Harbor Master Building .

Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to move WPSCO Agenda item to first Agenda item.

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Upon motion of Alderman Rafferty, seconded by Alderwoman Brooks, the Board approved unanimously, to hear appeal from Mr. Lemoine on the denial of adjustment for Acct#05-00152002, 152 Youngswood Loop, at November 20, 2012 Mayor & Board of Aldermen meeting for a $73.50 water adjustment and $330.00 sewer charges for the 60,000 gallons of water that went through his meter. Exhibit W-1.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, the recommendation of Bruce Anthony, WPSCO/Utility Manager to adjust Mr. Lemoine on the denial of Acct#05-00152002, 152 Youngswood Loop, denial decision (5-0 Denial) at November 20, 2012 Mayor & Board of Aldermen meeting for a $73.50 water adjustment and $330.00 sewer charges for the 60,000 gallons of water that went through his meter. Exhibit W-1.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved, request of Mr. Treleaven, of 222 Hackberry Street, Acct #05-0022001-04, to adjust $26.95 of water charges and $60.50 for sewer charges for 33,000, gallons of water that went into the yard from four sprinkler heads that were apparently damaged in Isaac but have been repaired. The additional water apparently did not enter the City sewer system. Exhibit W-2.

Voting Aye: Alderwoman Brooks, Alderman Rafferty, Alderman Bang, Alderman Hall

Voting Nay: Alderman Piernas

Abstaining:

Motion Carried.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, the minutes of November 20, 2012, Board Meeting.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, setting the first Mayor and Board of Aldermen meeting in 2013, to Wednesday, January 02, 2013, because of legal holiday on January 01, 2013.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to allow Ms. Di Masters of Richfield, CT, (that adopted Pass Christian following Hurricane Katrina) to use their remaining funds (approximately $6,500.00) they are holding for their own use due to Hurricane Sandy. (These funds were not previously deposited with the City) Exhibit A-3.

Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, awarding the Harbor Expansion Phase 3 Re-bid, in the amount of $13,729,256.00 to Silverton Construction, of Jackson, MS. Exhibit A-4.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, the Agreement between The Boys and Girls Club of the Gulf Coast and the City of Pass Christian, Mississippi, for the use of their gym. Exhibit A-5.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to award D&D Construction Company, Inc., of Lucedale, MS., the contract in the amount of $288,309.43, for the City of Pass Christian Small Craft Harbor Replacement of Pier C-2. Exhibit A-6.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to accept a $1,000.00 donation for the use of the Fire Department and a $1,000.00 donation for the use of the Police Department from Wal-Mart and amend the budget accordingly to increase the general supplies and expense budget line item for each department by $1,000.00 each.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to reimburse Marian Gest, City Clerk, in the amount of $32.45, for supplies purchased for the City Christmas Tree in Christmas in the Pass. Exhibit CA-8.

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Upon motion of Alderman Piernas, seconded by Alderwoman Brooks, the Board approved unanimously, hearing an update from Craig High on the Davis Avenue Parking lot – MDA-CDBG Project.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved to accept conceptual design on the Davis Avenue Parking Lot, from the update from Craig High, Project Engineer.

Voting Aye: Alderwoman Brooks, Alderman Rafferty, Alderman Bang, Alderman Hall

Voting Nay: Alderman Hall – Record to reflect the Nay vote due to just receiving information.

Abstaining:

Motion Carried.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, the Resolution authorizing the Mayor of the City of Pass Christian to establish just compensation and sign certification in the Downtown Revitalization Improvement Project, for acquisition of property from Skylar Hattiesburg, Incorporated, portion of Parcel No. 313G-03-027.000, FOR City Parking lot North of Library. Exhibit A-10.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to request Harrison County Board of Supervisors to allow City of Pass Christian to use voting machines, Scanner 100, for upcoming Municipal Election 2013 and authorize City Attorney to seek Department of Justice pre-clearance.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to allow Steve Montagnet to install a 3 cluster piling on P-1, at his own expense, to create a new stall for his new boat. Plans have been reviewed by Willie Davis, Harbor Master and Mr. Montagnet will obtain necessary permits, as requested by Mayor McDermott.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved, to refund slip rental, in the amount of $312.98, for Mr. David Allen, previously tabled from June 19, 2012, for legal opinion of statute of limitations. It was found that Mr. Allen was diligent and patient in presenting his claim for refund and his claim merely “dropped between the cracks”. Exhibit HD-3.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, refund of slip rental for Mr. Ron Skermetta, in the amount of $641.22, the remaining balance of a 6 month payment. Exhibit HD-3.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, refund of slip rental for Mr. Leim Van Le, in the amount of $261.78, the remaining balance of a 6 month payment. Exhibit HD-4.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, uniform quote submitted by Mid-South Uniform & Supply. Exhibit PD-1.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, for Mechalle Ladner to attend the 2013 Spring Session of the Certification Program for Municipal Clerks, Tax Collectors, and Deputies, on February 26th through March 01, in Hattiesburg, MS. Registration fee $200.00, meal allowance $60.00 and lodging of $252.00, for a total of $512.00, and use of City Vehicle. Exhibit CA-2

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Upon motion of Alderwoman Brooks, seconded by Alderman Bang, the Board approved unanimously, for Marian Gest to attend the 2013 Spring Session of the Certification Program for Municipal Clerks, Tax Collectors, and Deputies, on February 13th through February 15th, in Pearl, MS. Registration fee $200.00, meal allowance $60.00 and lodging of $297.00, for a total of $557.00, and us of City Vehicle. Exhibit CA-1.

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Upon motion of Alderman Rafferty, seconded by Alderwoman Brooks, the Board approved unanimously, Pay application No. 6, Payable to Necaise Brothers Construction Co., Inc., in the amount of $16,813.64 PW11115 and $103,775.33 PW11135, for a total amount of $120,588.97, for Project Area III Water and Sewer Replacement. Exhibit CA-3.

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Upon motion of Alderwoman Brooks, seconded by Alderman Bang, the Board approved unanimously, Consider approving Pay application No. 1, for the City of Pass Christian Small Craft Harbor – Repairs to Electrical System – Hurricane Isaac, payable to Doleac Electric Company, Inc., in the amount of $44,053.18. Exhibit CA-4.

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Upon motion of Alderwoman Brooks, seconded by Alderman Bang, the Board approved unanimously, Consider approving Final Settlement for Project City of Pass Christian – Water and Sewer Replacement –Area II, in accordance with the following:

·  Change Order Number 1 (final), adjusting the contract quantities to conform to the completed work, for a net contract amount decrease of $261,722.39. The final amount of the contract is $3,019,986.53.

·  Pay application No. 9, Payable to Necaise Brothers Construction Co., Inc., in the amount of $67,511.23 PW11152 and $95,885.81 PW11116, bringing the total of all payments to the full contact amount.

·  Consent of Surety to Final Payment

·  Contractor’s Affidavit of Payment of Debts and Claims and Waiver of Liens.

Exhibit CA-5.

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Upon motion of Alderwoman Brooks, seconded by Alderman Bang, the Board approved unanimously, to allow Bruce Electric for Fleitas Park baseball field lighting repairs at a cost of $38,443.78. Exhibit CA-6.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to submit PW 7401 (Gymnasium) to MEMA for approval as an alternate project. Exhibit CA-7.

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Upon motion of Alderman Rafferty, seconded by Alderman Hall, the Board approved unanimously, hearing an update on the vehicles located at 215 E. North Street. Exhibit CD-1.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, payment to Little League International in the amount of $768.35, for upcoming baseball season. Exhibit PR-2.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Claims docket No. 1, in the amount of $82,329.98. Exhibit CD-1.

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Alderman Piernas recused himself from the meeting at this point.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Claims docket No. 2, in the amount of $153.32. Exhibit CD-2.

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Alderman Piernas returned to the meeting at this point.

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Upon motion of Alderman Piernas, seconded by Alderwoman Brooks, the Board approved unanimously, to accept Addendum.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved to go into closed session to consider an executive session for a personnel matter in the Public Works department.

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Upon motion of Alderman Hall, seconded by Alderman Rafferty, the Board approved unanimously, to go into an executive session to discuss a personnel matter in the Public Works department.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to come out of the Executive Session.

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Upon motion of Alderman Hall, seconded by Alderman Rafferty, the Board approved, to take the recommendation of the Public Works director to allow Carlos Hill until February 19, 2013 Board of Alderman meeting to produce a valid driver license.

Voting Aye: Alderman Bang, Alderman Hall, Alderwoman Brooks, Alderman Piernas, Alderman Rafferty

Voting Nay:

Abstaining:

Motion Carried.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved to go into closed session, to consider an executive session for Prospective Litigation with Silverton Construction in reference to the Harbor Expansion.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to go into an executive session to discuss Prospective Litigation (Mediation of Claim) with Silverton Construction in reference to the Harbor Expansion.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to come out of the Executive Session.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved, to authorize City Attorney to negotiate with Silverton Construction concerning their claim concerning the Harbor Expansion Project.

Voting Aye: Alderman Bang, Alderman Hall, Alderwoman Brooks, Alderman Piernas, Alderman Rafferty

Voting Nay:

Abstaining:

Motion Carried.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, the Board approved unanimously, to recess to January 02, 2013.

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Mayor Date

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City Clerk Date

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