CITY OF PASS CHRISTIAN, MISSISSIPPI

MINUTE BOOK 80

R E G U L A R M E E T I N G APRIL 16, 2013

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, Alderwoman Renee Brooks, Alderman Anthony Hall, Alderman Joseph Piernas, Sr., Alderman Robin Rafferty, Malcolm Jones, City Attorney; John Dubuisson, Chief of Police; 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 Alderman Rafferty, seconded by Alderwoman Brooks, the Board approved unanimously, to receive the local and private law for Golf Cart Legislation passed for Timber Ridge Subdivision from Representative Carolyn Crawford, Representative Richard Bennett and Senator Phillip Moran. Exhibit A-1.

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Upon motion of Alderman Piernas, seconded by Alderman Hall, the Board approved unanimously, the minutes from the March 19, 2013 Mayor and Board of Aldermen meeting. Exhibit A-2.

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Upon motion of Alderman Hall, seconded by Alderman Rafferty, the Board approved unanimously, the minutes from the March 20, 2013 Mayor and Board of Aldermen meeting. Exhibit A-3.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, the minutes from the April 02, 2013 Mayor and Board of Aldermen meeting. Exhibit A-4.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, to accept the March, 2013 monthly budget report. Exhibit A-5.

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Upon motion of Alderman Piernas, seconded by Alderman Hall, the Board approved unanimously, to adopt the resolution to change the Mayor and Board of Aldermen meeting from May 07, 2013 to May 08, 2013, due to the Primary election. Exhibit A-6.

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Upon motion of Alderman Hall, seconded by Alderman Piernas, the Board approved unanimously, to adopt the resolution to change the Mayor and Board of Aldermen meeting from June 04, 2013 to June 05, 2013, due to the General election. Exhibit A-7.

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Upon motion of Alderman Hall, seconded by Alderman Rafferty, the Board approved unanimously, to proclaim May 5 through May 11, 2013, as “Goodwill Industries Week”. Exhibit A-8.

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Upon motion of Alderman Piernas, seconded by Alderman Hall, the Board approved unanimously, to declare May 02, 2013 as “National Prayer Day”, at the West Harbor, from 11:00 a.m. to 12:00 p.m.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, to ratify and proclaim April 7th through 13th, 2013 “National Boys & Girls Club Week”. Exhibit A-10.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, the Board approved unanimously, to accept the Oath of Office for Robynn Dedeaux, Court Clerk and Lauren Prater, Deputy Court Clerk. Exhibit A-11.

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Upon motion of Alderman Piernas, seconded by Alderman Hall, the Board approved unanimously, the budget adjustment of $40,000 from 205-703-911 to 205-703-600 to cover contractual services from the bond proceeds with no increase to the budget.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, the Board approved unanimously, to award the City depository to Hancock Bank.

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Upon motion of Alderman Rafferty, seconded by Alderwoman Brooks, the Board approved unanimously, the request from Pass Christian Historical Society to close the 100 blocks of Seal Avenue and Donlin Avenue, during the tour on May 05, 2013 from 2:00 p.m. until 5:00 p.m. and provide 4 barricades or cones to assist, this bringing favorable notice to the resources and opportunities to the city.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, the request of Pass Christian Volunteer Fire Department, for the City to lease and insure an antique fire engine to promote fire safety as well as enhance public relations. Exhibit A-15 contingent upon receiving a response from MML indicating overage would be provided under the city’s liability plan.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to adopt an Amendment to the Memorial Park Commission Ordinance No. 498, Section 3 (a) and (b) to provide for a new appointment procedure for Park Commissioners. Exhibit A-16.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, Budget Modification No. 10, for the Pass Christian Harbor Expansion Project – CDBG# R-103-291-01-KED to update matching funds to include CIAP in the amount of $2,735,000.00, and adjust the budget accordingly. As a result, funds obligated are changed as provided therein. Exhibit A-17.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to accept the pre-clearance letter from the Department of Justice for redistricting and other election changes. Exhibit A-18.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, to award the Hurricane Isaac Harbor Fence Repair Contract to Can’t Be Beat Fence & Construction, LLC, in the amount of $32,188.00. Exhibit A-19.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, change order #1 for Kappa Development, CDBG R109-291-03KCR Drainage Project in the amount of $123,030.00. Exhibit A-20.

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Upon motion of Alderwoman Brooks, seconded by Alderman Piernas, the Board approved unanimously, RFC#83 for R103-291-01KCR in the amount of $102,000.00 for the purchase price of the parking lot north of library from Skyler Hattiesburg, LLC., and to authorize payment of attorney’s fees and closing expenses. Exhibit A-21

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Upon motion of Alderwoman Brooks , seconded by Alderman Piernas, the Board approved unanimously, the Warrant Application refund to Philip and Ruth Terrell in the amount of $100.00. Exhibit P-1.

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The Board took no action on hearing an update on the swimming pool located at 1213 East Beach Boulevard. Exhibit CO-1.

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Upon motion of Brooks, seconded by Rafferty, the Board approved unanimously, the consent

agenda holding items: 2, 4 and 6 for discussion on further clarification.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to send Investigator’s Michael Lally and Barry Smith to a “Homicide Investigation-Crime Scene to Courtroom” training class on May 21st through May 23rd, 2013 at the Slidell Police Academy, in Slidell, Louisiana, at a training cost of $295.00 each, for a total cost of $590.00 and the use of a City vehicle. Exhibit CA-1.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, the Board approved unanimously, the reimbursement to the D’Iberville Police Department, in the amount of $3,651.44, for the training expenses associated with Patrol Officer David Spence as outlined in Section 45-6-13 (4) of the Mississippi Code. Exhibit CA-2

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to send Firefighter Chris Critzer to MSFA for Trench Rescue Class on May 13th through May 16th, 2013, in Jackson, MS. There is no cost for the class, meal allowance of $80.00 and use of a City vehicle is required.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, the refund to Mr. David Charles Reymond in the amount of $608.25 (six hundred eight dollars and twenty five cents) for the cash bond he paid for Ms. Kimberly Dawn Walker who was found guilty and ordered to pay fines in the amount of $608.25. Mr. Reymond will receive the refund upon receipt of final payment of fines by Ms. Walker. Exhibit CA-4.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Application for Payment No. 1 in the amount of $246,150.00 payable to Utility Service Company, Inc, for repairs and repainting of the East End Elevated Water Tank. Exhibit CA-5.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved unanimously, the invoice from Malcolm F. Jones, P.A. in the amount of $4,845.00 for CDBG Grant No. R109-291-02KCR and to amend the budget accordingly. Exhibit CA-6.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, to renew the Commercial Property Policy from Wellington Associates, Inc., invoice #99BGV in the amount of $111,003.75 which is a decrease of $2,834.75 from last year’s premium. Exhibit CA-7.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, the engagement letter from Wright, Ward, Hatten & Guehl to commence the 2011-2012 Fiscal Year Audits. Exhibit CA-8.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Pay Application No. 9 in a total amount of $552,970.72, payable to Hensley R. Lee Contracting, Inc. for Area V Water and Sewer Replacement for the following PW’s:

PW 9204 $108,032.29 PW 9487 $184,013.11 PW 2752 $260,925.32

Exhibit CA-9.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Invoice Number: 2013-PC-W&S10 in the amount of $18,259.89 for Project - City of Pass Christian – Water & Sewer Replacement Area 5. Exhibit CA-10.

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Upon motion of Alderman Piernas, seconded by Alderman Hall, the Board approved unanimously, approving Pay Application No. 10 for a total amount of $183,193.19 , payable to Necaise Brothers Construction Company, Inc, for PW Project – Area III Water and Sewer Replacement for the following PW’s:

PW 11115 $6,917.11; PW 11135 $169,296.15; Change Order #3 $6,979.93

Exhibit CA-11.

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Upon motion of Alderwoman Brooks, seconded by Alderman Rafferty, the Board approved unanimously, Request for Cash No. 43 for the Pass Christian CDBG Harbor Expansion, CDBG# R-103-291-01-KED, in the amount of$129,339.48, payable to the following invoices:

Inv. # Amount CDBG BP CIAP

Silverton 1 $75,572.50 $49,361.30 $11,096.70 $15,114.50

MAHC 27 $39,989.09 $39,989.09

MAHC 28 $39,989.09 $39,989.09

Exhibit CA-12

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Upon motion of Alderman Rafferty, seconded by Alderman Piernas, the Board approved unanimously, Claims docket No. 1, in the amount of $50,592.67. 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 Hall, the Board approved unanimously, Claims docket No. 2, in the amount of $152.83. Exhibit CD-2.

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Alderman Piernas returned to the meeting at this point.

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Upon motion of Alderman Hall, seconded by Alderman Piernas, the Board approved unanimously, to amend the agenda.

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Upon motion of Alderman Hall, seconded by Alderman Piernas, the Board approved unanimously, to allow the Yacht Club use of barricades and transient slips on May 04 and May 05, 2013, thus bringing favorable notice to the resources and opportunities to the city.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, the Board approved to go into Closed Session to consider an Executive Session for a Personnel matter in the Harbor Department.

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Upon motion of Alderman Hall, seconded by Alderman Piernas, the Board approved unanimously, to come out of closed session.

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Upon motion of Alderman Piernas, seconded by Alderman Rafferty, the Board approved, to go into an executive session to discuss a Personnel matter in the Harbor Department.

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Upon motion of Alderwoman Brooks, seconded by Alderman Hall, 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 unanimously, to accept the Harbor Master’s recommendation and terminate Harbor Patrol Officer, Quentin Bell.

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Upon motion of Alderman Rafferty, seconded by Alderman Hall, the Board approved unanimously, to adjourn.

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Mayor Date

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City Clerk Date

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