CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 RECESS MEETING J U L Y 19, 2 0 1 1 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 Building, 105 Hiern Avenue, Pass Christian, Mississippi, at 6:00 p.m. same being the time and place for said meeting. PRESENT: Mayor Chipper McDermott; Alderwoman Renee Brooks; Alderman Anthony Hall; Alderman Joe Piernas; Alderman Robin Rafferty; Malcolm Jones, City Attorney, Chief Dubuisson, Marian Gest, City Clerk, and Anne Mikish, Deputy City Clerk. ABSENT: Alderman Huey Bang There being a quorum present to transact the business of the City, the following proceedings were had and done. * * * Alderwoman Brooks made a motion, seconded by Alderman Piernas, to award the bid for City Complex Landscaping and Irrigation, per recommendation of the Selection Committee (Thomas Eaves, Marian Gest, and Mayor Chipper McDermott) to Karnes Landscapes out of Hattiesburg, MS for a total of $87,385.00, irrigation, landscaping and sod. The $385.00 is to come from Building and Plants Services. Exhibit-4 Voting Aye: Alderwoman Brooks, Aldermen Piernas, Rafferty Voting Nay: Abstaining: Alderman Hall Motion carried * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board awarded the contract to JefCoat Construction for Church Avenue Park Playground Equipment, as recommended by the Project Manager. Exhibit-5 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board amended the agenda to move item no. 2 under the Planning Commission to this point of the agenda. * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved Amended Final Plat for Bethel Estates Subdivision, Tax Parcels 0412N-01-043.000 and 0412N-03-001.000, as recommended by the City Planner. Exhibit PL-2 * * * Alderwoman Brooks made a motion, seconded by Alderman Rafferty, to approve the Minutes of June 21, 2011. Exhibit A-1 Voting Aye: Alderwoman Brooks, Aldermen Rafferty Voting Nay: Alderman Hall Abstaining: Alderman Piernas Motion carried * * * CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 REGULAR MEETING J U L Y 19, 2 0 1 1 On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved the Minutes of July 5, 2011. Exhibit A-2 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved the Minutes of July 7, 2011. Exhibit A-3 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board discussed the Claims Docket No. 1 in the amount of $270,904.34. Exhibit A-4 * * * On motion of Alderman Piernas, seconded by Alderwoman Brooks, the Board amended the Agenda to take Dauro off of the Claims Docket and take up as a separate item. Voting Aye: Aldermen Piernas, Rafferty, and Alderwoman Brooks Voting Nay: Alderman Hall Motion carried * * * On motion of Alderman Rafferty, seconded by Alderwoman Brooks, carried unanimously, the Board approved paying the claim to Dauro’s Auto Repair, Inc. in the amount of $1,272.24 as Dauro’s did the work in good faith and for the City to pursue the contractor, S.H. Anthony and/or the City’s insurance for payment. Bruce Anthony will prepare a memo as to what happened so there will be a written representation. The Mayor stated that he wants a report from the City Attorney, in good faith, at the August 16, 2011 meeting regarding the status of this item. Voting Aye: Alderwoman Brooks, Aldermen Piernas, Rafferty Voting Nay: Alderman Hall Motion carried At this point of the meeting Alderman Piernas recused himself and left the room. * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved Claims Docket No. 2 in the amount of $387.01. Exhibit A-5 * * * At this point of the meeting Alderman Piernas returned to the meeting. * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board held an Administrative Hearing for property located at 319 Fleitas Avenue, Parcel No. 0313A-03-014.000. The owner was not present. For the record, certified delivery of mail was shown that was sent to Mr. Jack Leibert. No response was received from the owner. The City Attorney stated that this meets the category of a public menace. It is overgrown and a haven for rodents and snakes and he recommended that the Board should adjudicate it as such. Alderwoman Brooks made a motion, seconded by Alderman Rafferty, carried unanimously, to direct the Public Works Department to proceed with cleaning the property if no response is received from the owner within 10 days of notice and the City will place a lien on the property. Exhibit A-6 CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 REGULAR MEETING J U L Y 19, 2 0 1 1 On motion of Alderman Piernas, seconded by Alderman Rafferty, carried unanimously, the Board heard from Alderwoman Renee Brooks regarding the Mississippi Mainstreet Organization. No Action * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board considered the request of Mr. John Trepagnier of 703 East North Street for payment for damages to the front door of his home in the amount of $860.00. The Board directed this to be referred to the Mississippi Municipal Insurance Company, as recommended by the City Attorney and have the City Clerk report back to the Board on the status of the claim. Exhibit A-8 * * * Alderwoman Brooks made a motion, seconded by Alderman Hall, to consider the request of Dr. Eric Wyble of 509 East Scenic Drive, represented by Attorney, Jeffrey White of Boyce Holleman & Associates, for an extension to begin construction. Dr. Wyble was granted an extension until the first meeting in November, 2011 when this will be brought back up for review before the Mayor and Board of Alderman. Exhibit A-9 Voting Aye: Alderwoman Brooks, Alderman Hall Voting Nay: Aldermen Piernas, and Rafferty Mayor McDermott voted Aye, breaking the tie Motion carried * * * Alderwoman Brooks made a motion, seconded by Alderman Rafferty, to consider absolving the Sign Committee and incorporating it into the SmartCode. Alderwoman Brooks amended her motion, seconded by Alderman Rafferty, to ask the Planning Commission to review this and make a recommendation to the Board. Voting Aye: Alderwoman Brooks, Alderman Rafferty Voting Nay: Aldermen Piernas and Hall Mayor Mc Dermott voted Aye, breaking the tie Motion carried * * * Alderwoman Brooks made a motion, seconded by Alderman Rafferty, to appoint Margaret Jean Kalif to the Planning Commission for the expired term of Jane Dennis, term ending January 2015. Voting Aye: Alderwoman Brooks, Aldermen Piernas and Rafferty Voting Nay: Abstaining: Alderman Hall Motion carried * * * On motion of Alderwoman Brooks, seconded by Alderman Piernas, carried unanimously, the Board tabled this item- to approve cash transfers per recommendation of Auditor, Charlene Kerkow. * * * CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 REGULAR MEETING J U L Y 19, 2 0 1 1 On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved the agreement between the City and the Pass Christian School District to Reimburse the City for Providing Law Enforcement Officers (School Resource Officers). Exhibit A-13 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board directed the City Attorney to file legal action for cost of repairs to the Excursion Pier in the amount of $13,875.00, damaged by Tim Harrison. Mr. Harrison has until July 21, to respond. If there is no response, the City Attorney will move forward with the legal action. * * * On motion of Alderwoman Brooks, seconded by Alderman Piernas, carried unanimously, the Board declared surplus, old IT equipment which consists of: 25 computers, three printers, and 7 15” monitors and consider removal of other older computer systems at the Long Beach storage area which were donated shortly after Hurricane Katrina and were out of date then and are not on fixed assets or inventory as they were never used by the City, as recommended by Shawn Jerone, IT Manager. Exhibit A-16 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board declared one 1998 Ford Crown Victoria (red), VIN # FAFP71W1WX111156, as surplus and set a minimum bid of $300.00, to be advertised in the Gazebo Gazette, as is, where is, and discussed a possible economic dispensation system. * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board discussed the dumpsters in the West Harbor. The Board directed the City Attorney to look into this matter and report back at the next meeting. * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board denied the request of Loyce Benge of 343 Lorraine Avenue for an adjustment in the amount of $27.86 for water and $142.68 for sewer charges due to a leak in the commode tank that was undetected for two months. The water did apparently enter the City sewer system. Exhibit W-1 * * * On motion of Alderman Piernas, seconded by Alderman Rafferty, carried unanimously, the Board approved that all accounts with a balance over 90 days will be referred to the collection agency. Exhibit W-2 * * * On motion of Alderwoman Brooks, seconded by Alderman Piernas, carried unanimously, the Board approved the request of Emily Bogolin of 313 Wood Street for an adjustment in the amount of $59.04 for sewer charges for 17,000 gallons of water that ran into the yard due to a large water slide that was rented and used for five days. The water apparently did not enter the sewer system. Exhibit W-3 CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 REGULAR MEETING J U L Y 19, 2 0 1 1 On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board ratified suspension of Officer Siddens for on 12 hour working day without pay and his attendance to a five day drivers training course beginning July 18 through July 22, 2011, as recommended by Chief Dubuisson. Officer Siddens agreed to these actions. Exhibit P-1 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved trading in the current Glock .45’s, 20 model 21’s, and 4 model 30 handguns for Glock .40’s, 20 model 22’s, and 4 model 27’s, as recommended by Chief Dubuisson. This will save the City money in training by lowering ammunition cost and this weapon will be an easier, safer firearm for officers to handle. Exhibit P-2 * * * On motion of Alderman Hall, seconded by Alderman Rafferty, carried unanimously, the Board heard an update on the property located at 215 East North Street and directed the Code Office to send a certified letter to the owner stating that he is not to bring any non-operating vehicles or equipment onto his property. Exhibit CO-1 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved the request of R. E. Contractors, LLC for a refund of a slab demolition permit in the amount of $100.00. Exhibit CO-2 * * * On motion of Alderwoman Brooks, seconded by Alderman Rafferty, carried unanimously, the Board approved the combination of lots located at 110 Laurel Lane, Timber Ridge Subdivision, tax parcels 0313d-08-015.000 and 0313d-08-015.001 to create one parcel, as recommended by the City Planner. Exhibit PL-1 * * * On motion of Alderwoman Brooks, seconded by Alderman Piernas, carried unanimously, the Board approved the Consent Agenda excluding items 4, 5, 6, and 8 which were pulled for discussion or clarification. * * * The Board approved ratifying Lt Terry Lewis to attend PIO Class at the Mississippi Fire Academy July 11-July 14, 2011. Cost of the class is $265.00 plus $103.00 per diem and use of a City vehicle, as recommended by the Fire Chief. Exhibit CA-1 * * * The Board approved the request to send Lt Terry Lewis to Fire Investigator Class August 1-August 11, 2011 at the Mississippi Fire Academy. Cost of the class is $585.00 plus $191.00 per diem and use of a City vehicle, as recommended by the Fire Chief. Exhibit CA-2 * * * CITY OF PASS CHRISTIAN, MISSISSIPPI MINUTE BOOK 67 REGULAR MEETING J U L Y 19, 2 0 1 1 The Board approved the request to send Denise Dedeaux to the Municipal Court Clerks Statewide Seminar to be held September 8 - September 9, 2011 at the Jackson Marriot in Jackson, MS. There is no cost for the training but use of a City vehicle will be needed and meals. Exhibit CA-3 * * * On motion of Alderman Piernas, seconded by Alderman Hall, carried unanimously, the Board approved Alderwoman Renee Brooks to attend the Downtown Destination in Tupelo, MS, September 12-14, 2011 in conjunction with the Mississippi Main Street Association. Cost of registration is $85.00 plus hotel for two nights at $99.00 per nights for a total of $283.00 and use of a City Vehicle, and to amend the Budget accordingly and that we do the same for all Aldermen and make sure there is money in the budget for it. Exhibit CA-4 * * * On motion of Alderman Piernas, seconded by Alderman Rafferty, carried unanimously, the Board approved invoice for Legal Services in the amount of $4,320.00 to Malcolm Jones for the Harbor Expansion CIAP/BOEMRE Grant Project, service dates –April 25, 2011 thru May 25, 2011. Exhibit CA-5 * * * On motion of Alderwoman Brooks, seconded by Alderman Piernas, carried unanimously, the Board approved payment to Carroll, Warren & Parker in the amount of $15,498.96 for annexation expenses and to amend the Budget for line item 001-100-603 from $100,000 to $150,000 to cover invoices for the remainder of fiscal year 2010-2011. Exhibit CA-6 * * * The Board approved Request for Cash No. 15 in the amount of $3,307.50 for CDBG Harbor Expansion Project # R-103-291-01-KED and payment of Invoice No. 10699 In the amount of $3,307.50 to A. Garner Russell. Exhibit CA-7 * * * On motion of Alderman Rafferty, seconded by Alderwoman Brooks, carried unanimously, the Board approved Pay Application No. 3 in the amount of $855,708.58 to Necaise Brothers Construction Co., Inc. for Area II Water and Sewer Replacement. Exhibit CA-8 * * * At this point of the meeting the Board heard public comment. * * * On motion of Alderman Piernas, seconded by Alderwoman Brooks, carried unanimously, the Board adjourned. ___________________________ MAYOR ______________________________ CITY CLERK ____________________________ DATE ______________________________ DATE