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Thursday, September 14, 2023 · Government meeting record

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>> One world. >> Welcome to the city of St. Petersburg City Council meeting and your elected officials our mayor Ken Welch district one hopefully burdis. >> District 2 Council chair Randy Gabbert district 3 and not marry. Was picked for Lisette kind of way. 5 and Council vice chair Debra big Sanders. Gina Driscoll. John Muhammad. And district day Richie Floyd. >> Well good afternoon, everyone we will call to order the Sept. 14th 2023 City Council meeting beginning with the roll call. Curtis your average here months there and what's your big Sanders, your here on the air Lloyd. All right we will have our invocation given this afternoon by Rabbi Philip line chop from the congregation been I s role of St. Petersburg following that we will do the pledge allegiance. So please join us in standing. Before we begin. I want to offer my thanks to the council for the and in that for the invitation for the invocation haha it's a blessing to be I also want to offer my appreciation and thanks to the St. Petersburg Police Department this week. For their responding. So promptly to a hateful bomb threat that our congregation had this week. They were professional. They were compassionate and they were extremely thorough and I in a stressful situation knowing you are in good hands makes all the difference. So thank you very much. Well I'm disgusted at the hate that led to the false threat, I'm grateful to know we live in a community where we care for one another. Tomorrow night begins the Jewish New Year Rosh Hashanah it's a time when we believe that the Holy one looks at our actions. The choices that we made of a court of the year and sits in judgment and it's a time where we sit in judgment to ourselves not on others when we look at our actions. Our choice is how we treated others and asks what did we do right and what can we do better. You know we live in this world that is filled with blessing. But 2 far too often we see the hatred and the violence and the loss but every single one of us has the opportunity to reduce that harm an increase the left. Each of us has the opportunity to shove show love not hate and each of us can make a difference in the lives of ourselves and all of those around us. Since the time of the Bible Jews have been the canary in the coal mine. When Jews are hated. Others are persecuted not long thereafter. For many years in this country and to 7 to them was overt and open. And we felt blast for many years that it seemed like it had retreated into a dark closet. But more recently and has been revealed once again. Whatever happens. I want to give thanks to this Council for considering the proposal to adopts the I h r a definition of anti-semitism and by affirming this definition you are declaring that hate has no place in the city. The news about them I am our divine parents. The one that we called by so many names please work to eradicate hate have all of us to see the holiness in one another the divine spark that ignites all of us. Let us see the blessings in this room and each face. Let's see how our differences can help us bring forth more goodness into this world. Let us seek and find the holiness the hope and the love in the city. Let us work together to eradicate violence and truly build a world of love and let that vision of tolerance of compassion of loving kindness echo from our city across the state of Florida. Phil this nation. But a rat okay persecution, but it strike down hate and a race discrimination MAY we lift up the voices of all who strive to make this community better and drown out those who spew hatred MAY we see this blessing speedily in our days and men and I wish you all a happy a healthy and wonderful year. Thank you. >> The agents to lag a United States of America and Syria which it stands one nation under GOD, indivisible with liberty and justice for all it MAY be seated. Thank you so much red eye line Trump for being here with us today, it's always a blessing to have you thank you so much. Council members we have an agenda before us entertain a motion for approval. The last decade. And we have a motion and a second to approve the agenda and seeing no requests for discussion with the clerk please a punishing from voting. Council members in your votes seeing all council members have voted clerk please telling announce the vote. MADAM Chair motion to approve the agenda passes unanimously. And next we have our consent agenda clerk do we have any public comment on the consent agenda. MADAM Chair, we do not okay with that I'll entertain a motion for approval. Cruel second. We have a motion a second to approve the consent agenda and saying no request for discussion clerk please open the machine for voting. Council members and their votes saying all present council members voted clerk please telling announce the vote. MADAM Chair motion to approve the consent agenda passes unanimously. All right we're going to move now to our awards and proclamations and before we get wanted to turn it over to MISTER Green. Thank you MADAM Chair, excuse I just wanted to welcome on behalf of Mayor Welsh all of our folks who are here for all of the proclamations well regrettably mayor Welch is at a meeting in Tampa with the 10 cities in Florida. So he is regretful that he's not able to join you but wanted me to share welcome to you and we're very much appreciative of the council members who are pinch hitting so to speak for the mayor and reading these proclamations today. Welcome thank you very much. Thank you. MISTER Green. >> We're going to go to item d one which is big brothers big sisters month proclamation and that will be given by council member Adnan Mary councilmember Mount Mary thank you. Well thank you thank you MADAM Chair, the City Council. I'd like invite a representative Bernie Jacques and the ceo of a big brothers, big sisters Chris, let let us. Thank you all for joining us to Proclamation prep the proclamation reads whereas big brothers, big sisters, mentoring programs. Our proven to build relationships that help improve proof academic achievement promote responsible decision-making and provide skills to better navigate relationships at school and social settings and at home. And whereas big brothers big sisters have provided meant mentoring services in partnership with the city of St. Petersburg for many years and whereas big brothers big sisters provide unique mentoring programs in St. Petersburg that facilitate youth mentoring in the workplace. The school to work law enforcement first responder mentors bigs in blue slash best badges and mentee support post-high school big futures and whereas the St. Petersburg Police Department it's a school to work bigs in blue partner with big brothers, big sisters allow used to be aware of clear opportunities within the St. Petersburg Police Department and helps bridge. The gap between law enforcement and communities and whereas the city of St. Petersburg is committed to supporting youth and initiatives through its in internal programs and community partnerships now therefore I on to marry on behalf of Mayor Kenneth d Welch mayor of the city of St. Petersburg do hereby proclaim Sept. 20 23 as big brothers big sisters month. And urge every resident to take time. This month to celebrate youth and the people who serve and support them as powerful and vital individuals who greatly contribute to our community. >> And representative I just want to say thank you so much for being here with us today due to like to say a few words either of you Gentlemen. So Mary, thank you very much for the Big brothers, big sisters serves 9 counties from Pinellas all the way up to alachua County here locally and this is one of our most important communities. Thank you for for the recognition as I stated especially as next year is our 60th anniversary 60 years of serving little 60 years of serving communities and 60 years of serving the city of St. Petersburg so we hope we can continue to count on you and a special thanks to the Police Department for their continued support leadership on behalf of our Littles thank you very much. Thanks. Thank you all very much. Thank you councilmember Mount airy. Next we'll move on to item d 2 which is our falls prevention awareness week proclamation and this will be given by fire marshal will not. >> Thank you chair members of Council like to invite up most of out of it Lexus Lawrence, these are our internal public educators of the Fire Department. We've actually just a title the MS. Community risk reduction specialist in coordinator. Well that's a lot of what falls prevention is about is reducing risk and the the community. MS. Arlene Grasso with falls falls free Florida, nice liberation there but say it slowly because it's from twitter and then Carol wears here as well from the sunshine center. Whereas it is estimated that 21.3% of Florida citizens are 65 years of age or older, and whereas it is estimated that one-fourth of people, 65 and older we'll fall each year. And older adults who fall ones are 2 to 3 times more likely to fall again. And whereas one out of 5 falls causes a serious injury such as broken bones or head injury. And whereas falls are the most common cause of traumatic brain injuries among Florida citizens to 65 years of age and older. And whereas falls are the leading cause of both fatal and non-fatal injuries. Among older adults in the United States. And whereas the financial toll for older adults falls is expected to increase as the population ages and MAY reach 101 billion dollars nationally by 2030. And whereas falls can lead to depression. Well, some ability and loss of functional independence. Well as injuries from falls are largely preventable community health problem. And whereas evidence-based programs reduce falls by utilizing cost-effective strategies such as exercise programs to improve balance and strength medication management vision improvement, production of home hazards and fall prevention education and whereas the falls free Florida falls prevention coalition. St. Petersburg fire rescue. The sunshine center and regional County 911 work together to increase awareness on this issue promote multidisciplinary strategies to prevent falls. And encourage citizens to take steps to protect those who are at increased risk of falling. Therefore I am woman back in behalf of Kenneth t Welsh mayor of St. Petersburg be sure by proclaim Sept. 18th through the 22th of 2023 as falls prevention awareness week in the city of St. Petersburg and urge our citizens to commend it's observant. >> Thank you for presenting the proclamation on behalf of the mayor and thank you all for all of the work that you Arlene very happy to see you today, one of our senior Hall of Fame winners. So thank you for just continuing to do such great work in our community. I've a feeling you have another word in your future if very very happy to see you and thank you all for everything that you do for our city. Thank you. >> Can I just say how proud you should be of these 2 young Alexis Lawrence and Lana stefanovic who work diligently with the citizens. The senior citizens, mainly of Petersburg to reduce falls. They have created many programs in many activities for seniors, one of which is an activities booklet that's a coloring book for seniors and it has word searching crossword puzzle and it shows the 6 falls prevention for people and this this particular booklet I have personally sent out to many coalitions throughout the United States because it's such a great activity so not only do they shine in St. Petersburg but they are becoming well known throughout the nation. So you should be very proud of We hurt. >> Thank you all so much thank you for being here today. Next we'll go on to item d 3 which is our Hispanic heritage month proclamation given by council member was at hand once. Thank you chair City Council and everyone here who is here today celebrating Hispanic heritage month with us. My apologies my voice isn't great, but hopefully I can you can hear me through this we have a lot of people in the room here today with us. I'm celebrating Hispanic heritage and I would first like to start by asking those employees that are here to have this panic heritage. He please stand up. Hear from community groups and have been standing here today please stand up. Thank you all for being here. I would like to share why my Hispanic heritage is important as I should sheer white. It is important to me I would like everyone to think why their own heritage is important to them and how you MAY find similar experiences with others who MAY have different heritage. Being the daughter of Cuban exiles shaped who I am its shape. How my mother raised me in the United States. Her emphasis wasn't hard work and education, so I would be prepared no matter what happened in the future. She emphasized looking forward and not looking back. My family left their country after my grandfather was killed by Communists because of his stance on the government. They showed up at my grandparents House and took him away and then 2 days later told my grandmother, he committed suicide. They could have never imagined what happened in their country to happen. But it did. They could have never imagined losing everything including their home in country. They had no choice but to leave to a land that offered them the freedom that they did not having Cuba. I was born here and I am American but I was raised in a house full of rich Cuban culture from the food. Family loudness to the music. I believe I had the best of both worlds. A multi cultural experience that makes me who I am I'm proud to be American as I am proud of my Cuban heritage heritage, I'm also proud to be the first Hispanic city Saint Pete City Council member as such I'm honored to read this proclamation from the city of St. Petersburg and Murray did in Spanish and English so you have to bear with me. Whereas Hispanic heritage month known as MISTER Lighting safe and I celebrated from Sept. 15th to Oct. 15th the recognizes the significant contributions and influence of Hispanics in our nation's history. >> Culture and achievements and whereas Sept. 15th is independence day for the Central American countries of course that weekend and so I do about them I would do it as an ending that I want on Sept. 16th and 18th Mexico and Chile celebrate their independence Day respectively and whereas Hispanic residents in the city of St. Petersburg amount to an estimated 8.4 of our population in play a vital role in our economy and workforce and whereas the city of St. Petersburg recognizes the significant contributions of Hispanics, including many city employees in our community. Their support and community involvement make our city more culturally diverse and welcoming for everyone and whereas the city of St. Petersburg is proud to celebrate and recognize Hispanic culture and heritage as an important part of our inclusive city, Hispanics are part of the week and we are Saint Pete and now therefore I councilmember looks at hand what's on behalf of Hispanic. Mayor Kenneth p Walt do hereby declare Sept. 15 through Oct. 15th, 2023 as Hispanic heritage month, an urge all citizens to join me in recognizing the significance of this location in the city of St. Petersburg. >> But it won't do an inmate's Nazionale di days case by not going to see the moment that it is used by an affiliate of the keys of a 50 minute. Today they can all see nothing but then to sculpt it was the only thing for ways that will cease finals and I started I couldn't do it. I lost a little bit of fun with and not feel eople cuanto gai gains of this if the nba said the other line dip in dance you have a list by says interim many candles that will start of the guys said about what they On duty at the unit that I want as you see say the us your to the 15 minute maybe go he Sullivan and so they lined up in the inset expect the main thing people want to see that this is finals in last week that the St. Petersburg if they think that we'll see my main thing to put the clock up a center lane with a policy only way they will pay to be tied in with the He forced to live or die. People want to see that the St. Petersburg fickleness a less important is going to be we'll see on a single season finales include a lot of company out there that we that and with that we'll need that point about the cbs local need that yeah I think in a way that's the main thing my feet and that you will hear about the water by totals. We want to let me that the St. Petersburg see in old who they say, but I will say look what do I need is a span of one up at the input that to the Northwest with that in to see that those the spinal some thought somos and so most Saint Pete Yoda look that do you like once they had the set and was in no way that I had them can if you watch. But I think that it's not ok so this again but I can say they'll do with it, there's only me that at the Mead been to today's como MISS The light is a spina the little see the novels I would need to me but I think we'll see a line full that's yeah. The best deal and that we that the St. Petersburg. And I would like to and drab and Teddy senior manager for Hispanic outreach center. A few words I also want to mention that there is a Hispanic heritage month celebration. At the Willis as John's creations recreation center on Sat. 9/23/2023 from 11:00pm to 03:00pm they'll be games vendors music and yours free food for the first 300 independence, so please join us there. Now. >> Thank you so much to me your council members of the city of St. Petersburg for honoring the Hispanic every this month. It is an honor for me to receive the proclamation today on behalf of the entire East by the community. Well I'm pretty proud to be to be part of it. What also very proud to serve this country and be part of this country, I'm going to bring this proclamation to the Hispanic outreach center. We have been providing sepsis loose funny community in collaboration with many other agencies for the support of the for that this country so thank you so much for keeping a very special place. You know and have to get the population >> Thank you all for being here and thank you councilmember Hannah what's for presenting that. All right we'll move to d 4 which is our St. Petersburg care fest 2023 day of caring proclamation by councilmember just off. >> Good afternoon. Everyone, I'm joined today by and suze a hug from our community services here has then our champion for to care for us for many years. Our care fest celebration, happens in the spring in the fall, we have that in SEPTEMBER and OCTOBER currently. And it just are wonderful. Perch partnership that we have with the somebody cares Tampa Bay organization. It's a celebration of volunteering and giving back to the community. The big event is going to be on Sat. Sept. 30th at the city on a hill church which is located at 40 to 65 13th Avenue North. And it will be held from 7.30 am to care fest is I'm always an exciting time for me, our neighborhoods and community organizations really step up and they understand that I'm really the way to lift up St. Petersburg is to always look for ways to give back. There's also a little bit of friendly competition that incurs and districts for care fast. And if a district that has the most projects for each care fussy season. Gets take possession of the care fest trophy and I'm proud to say that they trophy has said in the district 6 office for what 4 years now. Something And said this year I challenge my colleagues and people all across our city to take that trophy for me I would look forward to handing enough to the next superior district. The proclamation that we have for today reads as follows. Whereas in partnership with somebody cares Tampa Bay St. Petersburg care fest 2023 day of caring. It's scheduled for Sat. 9/30/2023. And whereas in St. Petersburg care fest is encouraged and celebrated throughout the year in the spring during MARCH in the fall during SEPTEMBER and OCTOBER and whereas the city of St. Petersburg has participated in care fare since 2002. And whereas the objective of care fest 2023 is to mobilize residents. Local businesses neighborhood and business associations. Students, places of worship and nonprofits to work together to meet the needs of citizens and make a positive impact in St. Petersburg and whereas volunteers will take part in various beautification activities such as yard maintenance painting, planting and minor home repair assistance to the elderly disabled and or the low income of our city neighborhood cleanups and donation drives and whereas the city of St. Petersburg recognizes the organizers. Countless volunteers and sponsors of this event for their commitment to our citizens and for demonstrating to others how lives can be impacted. When the community pulls together. Now therefore I g no dress code on behalf of Kenneth to you out mayor of St. Petersburg Florida. Do hereby proclaim Sept. 30th as St. Petersburg care fest 2023 day of caring and urge all citizens to join us and helping your neighbors and thanking all of our volunteers involved in this event for their hard work and dedication to the betterment of our community. Council member driskell thank you and 2 City Council. Most persistent and urgent question is. What are you doing for others and that's what care fuss is about doctor Martin Luther King junior, I'd like to actually introduce Renee vansickle from a neighborhood relations. Also want to mention we have 2 other new relatively new staff to neighborhood relations before you ask Renee to come forward and introduce our partners. So Renee is directly behind me if you could move closer Jamal Baskin is also weather office and Brittany Jones is new to neighborhood relations but. And I'm going to ask Renee has been working very diligently along with our community partners who should be introducing in just a moment. The last number of months she is receiving phone calls and e-mails and we're looking for more. Commitments and projects and efforts over the not only on Sept. 30th but for the months of SEPTEMBER and OCTOBER na. >> Good afternoon City Council and mayor's office. I believe backgrounds already been shared on care fast so I will not be redundant. I'll tell you a little bit the 2023 fall St. Petersburg care fest we've had 41 projects submitted. This includes 19 home projects with our partner somebody cares Tampa Bay. 6 home painting projects with the city's in teen. For nonprofit painting and cleaning projects for tree trimming and tree removal projects to trail cleanups 2 donation drives 2 food distributions and to sustainability projects. Today we've had 20 projects adopted or 49%. So if you haven't signed up to volunteer for care fast and are interested please reach out to me. In addition, we've been notified of 16 other care fest projects that will be completed throughout our care fest months of SEPTEMBER and OCTOBER in neighborhoods across the city. We ask that you encourage your neighborhoods to continue to let us know about their projects so that we can keep track of all the community service being done councilmember Driscoll has already shared the event day. We do formally invite you to join us. We will have breakfast and lunch and celebrate our volunteers on Sept. 30th that city on a hill church. Thanks to 12 sponsor donations from businesses throughout the city we will be able to feed our estimated 300 volunteers, a continental breakfast and one lunch at no cost to them. I would like to recognize. Pastor Mike Conaway and pastor Candace Smith, who are the pastors at City on a hill church and have been great hosts in allowing us to utilize their space this year. They have a congregation that very actively participates in care fest I would also like to recognize our partners at somebody cares Tampa Bay. Doctor Daniel been our PRESIDENT And Kathy Bernard administrator, somebody cares Tampa Bay helps residents year-round in Pinellas Pasco Hillsborough and Hernando has they were unable to attend today. But pastor Eddie Robinson and missus Robinson. Who have been instrumental in helping St. Petersburg residents for care fast are here today to accept the proclamation on their behalf so I'd like to thank you. We thank you. >> Thank you all so much for being here. Thank you Susie for everything you all do all year long to support our neighborhoods and our residents. But thank all of you as not only on this day, but every day because the work that you do is very important and we appreciate all of you so thank you thank you for being here and congratulations on the proclamation. And thank you councilmember just go for presenting. >> All We will now from our awards and proclamations and go into open forum and clerk can you please read the rules for open for him. If you wish to address City Council on subjects other than public hearing quasi judicial items list on the agenda please sign up with the clerk. Only the individual wishing to speak MAY sign up sign open form she. The only city residents on his property. This is owners in the city or their employees MAY speak to all issues discussed and are open for must be limited to issues related to the city of St. Petersburg government. If you're speaking to an item on the agenda you MAY only speak wants we're an open forum for one item comes up on the agenda. In order to provide an opportunity for all citizens to address Council. Each individual be given 3 minutes to speak. And after which the mark phone will be muted. If you wish to address city Council through zoom meeting you must use the raise hand feature button in the zoom app we're enter start 9 on your phone at the time the agenda item is address. When is your turn to speak ubm unit in Texas state your name and address. At the conclusion of your comments are when you reach the 3 minute time limit you will be muted. All raise hands will be lowered after each agenda item regardless of the method of participation participation use normal rules apply. Including the 3 minute time limit on comments the requirement that any presentation materials must be submitted in advance of the meeting and the rules of decorum if live public comment is disrupted by violations of the rules of the The chair is authorized to accept public comment by alternate means including by email only. And MADAM Chair, we have no one in zoom in at this moment, no on this site. Speaking of the former as well. >> Okay very good, we will close open form and go to our new ordinances we will start with item e one. It's an ordinance related to pet sales and clerk can you please read the title. Pose ordinance 5, 5, 5, h an ordinance amending city code section 4 dash 9 related to pet sales. Adding rabbits to the general man on the retail sale of dogs and cats in the city. Providing providing exemptions provided requirements for display of rabbits for retail sale vying for severability and establishing an effective date of Jan. 1st 2024. MADAM Chair, the public hearing for this item is scheduled on Sept. 20. I'm sorry Sept. 28th and we do have. One car on this item. Okay very good I would ask the assistant city attorney Heather judge to join us some 4. Any presentation that she MAY want to give or we can go straight to public comment council members who want to presentation on the side of the novel. All right. So we have a mission a second we will go to public comment. And we do have one zoom because it's ok public hearing right we want to do that Speaker first. Is that that's for Muslim. >> Some of the House rabbit. We in turn you into the meeting space please state your name and address for the record. You have 3 minutes to address and City Council. >> Hi there my name is checked working the PRESIDENT Attempted to try to rescue or a shuttle broke County. 15 other 2 who were on highway Tampa summit in Saint Pete. And want to speak in support of this resolution because the number of abandoned and unwanted rabbits throughout the area is unmanageable are ditching the sales of private, so it will help rescue just shelter throughout the state. A better control the wall domestic red coloration of those unwanted rabbits. >> And I just wanted to remind the zoom participant that when we do get to the actual public that you will not be allowed to participate via zoom so you would have to be in person just want to let them know that okay please call the speaker in-person time MADAM Chair, the next speakers name is Susan I think it's Hall. Please go to the podium state your name and address for the record you have 3 minutes to address City Council. Hello my name is Susan Hall and I live in historic Kenwood is that specific enough. Yes, okay. I'm here regarding the bunnies, I'm sure you figure that out. You look at the sale of dog and cat sales from pet stores and the tragedies of puppy Mills and kitten Mills and did the right thing passing an ordinance banning the sale from pet stores. Now we come to you asking on behalf of bunnies currently the 3rd most popular companion animal in the United States to provide the same level of care the same level of responsibility and add them to the existing ban as I explained my latest e-mail all the rescues are overwhelmed with bunnies. Who have been dumped when the families become board are forced to move or bunny does damage to Bay sports. Carpets etc or they need veterinary care that they were not told would happen by the pet stores and that bunny care comes from exotic bets when you put exotic in front of anything the price triples so most rescues including the one that I represent Suncoast House rep House rabbit rescue which is located in Pasco County which has also passed a ban have no option but to close our doors we've closed in take and that breaks my heart because what goes on is when these guys are dumped and people see them out in the wild and they take them in, but they don't know how to take care of them and they need help they turned to the Internet and the minute it hit social media, the word bunny goes out. And I hear beetlejuice beetlejuice beetlejuice across the land mine. My name is tagged about 16 times a week, I'm not kidding. So that imagine being in my position there's nothing I can do every piece of real estate my house is full and every piece of real estate and every rescue in the state of Florida is full the only option I can give these people is to provide supplies if they're willing to foster and as t says they're not then the the last available option is the spca Humane society has closed intake of bunnies because are under construction and it's kitten season and kittens take priority. So there's no place to go but the spca which is not a no kill shelter. Private citizens like me taking on the enormous financial and emotional burden of caring for these bunnies while the 4 pet stores continue to sell bunnies as a loss leader to the sale of funny supplies. This is the wrong way to go these bunnies are coming in from in from out of state from small animal slash puppy a happy bunny Mills, many of which have been exposed by animal activists. Of incredible cruelty abuse and neglect. I refrain from the graphic descriptions I just they keep me up at night, I know they would you as well. I know you're all caring people I know that you this because you ban the sale of kittens and puppies and I need you to do the same for bunnies please. Thank you. Thank you. Okay so seeing no further requests speak we have a motion a second. >> Is there a moment. Thank you punishing for vetting council members in or events. Seeing all present council members voted clerk please telling announce the vote. Motion to approve the agenda item e one passes 6 unanimously with councilmember fix standard and Floyd being absent. Okay we will move on now to our new ordinance e 2 an ordinance creating minority and women business enterprise program clerk can you read the title. Spam close ordinance number 5, 5, 8, dash Beach. An ordinance creating chapter 2 article 5 division 10's sections 2 dash 2, 8, 1, through 2 dash 2, 8, 8, minority and women business enterprise program. Program establishing findings purpose and goals creating definitions establishing the authority and responsibility responsibilities of the p o d the staff missing solicitation and contract requirements related to achieving required minority business enterprise for women business enterprise participation. 36 percentage is in certain contracts, creating provisions addressing non compliance with chapter 2 article 5 division 10 setting forth. Reporting requirements for the program providing for conformity with federal state and local laws. Providing for a sunset date and providing an effective date public hearing for this item is scheduled for Oct. 5th MADAM Chair, and we do have one card on this item we're joined by procurement supply management director Stephanie councils you want to have any report. You know we do okay second if there was a motion yeah I did hear a motion and a second so first let's go to public comment. It was there anyone in zoom for this one. You know. Jackie Gabriel please go to the podium state your name and address for the record. You have 3 minutes to address City Council. Good afternoon, I'm Jackie Gabriel, 5964 13th Avenue North Saint Pete, I'm a public policy student at St. Petersburg college. One of our semesters to take I'm a first reading agenda item review it present our opinion to the council. I'd like to thank you all for your time today and director Swanson for taking the time to review this with me. I chose this ordinance because as a resident. I feel it offers many things to our community as well as provides beneficial options to those who are purchasing and contracting. Minority and women business programs across the nation a proven to empower residents remove barriers and increase economic stability. Requiring utilization of mbe and wbe ease will allow the diversity seen across our city to also be seen within our purchasing and ensure that minority and women-owned businesses are given equal opportunities. This ordinance insurers, certain barriers previously faced by minorities and women owned businesses will be minimized to the requirements set forth lastly many cities have seen increased contractor options available to city staff to the implementation of similar programs. This can increase savings and maximize spending which is always a plus for any city. In closing I'm in support of this ordinance and look forward to seeing the benefits it can bring to our resident. Thank you all. Thank you. MISTER Munson place. MADAM Chair. If there are questions we hadn't prepared a presentation for the first reading as as usual. But if if council members have specific questions we can certainly address that and just well I got the Mike for a second. We do have individual one-on-one meeting set up with each council member between now and Oct. 3rd before or 5th when we have the second reading and public hearing. So we will have time with each of you to answer any questions on a one-on-one basis but again we're happy to answer any questions that council members have at this point. All right, let's go ahead councilmember Mount Mary. Thank thank you. Well I have serious questions about this and the of it I know we've discussed this ordinance multiple in committee to hold meetings. And I've brought up. In previous comey the hall pending Supreme Court decision which earlier this year which struck Policies based on on race. Basically are going are you going that they're against the 14th Amendment. I will not voting to move this to the public hearing. And I do have I do want to have discussion when this if this does pass and it does get to the public hearing on the constitutionality of it based on both the Supreme Court decision. In also the city of Richmond versus jr krewson case, especially when it comes to that case they struck down quota and in this ordinance there there are goals which I am struggling to understand what the difference between a the goal is and a quota. I also question. Whether this. Ordinance. Based on action that the Legislature took earlier this year. Does it is is it in line with the Florida State statute one 66.0 4, 1, Which Rick municipalities when they when they do enact ordinances to do. A study on it. And the last thing I I'll just to serve. Serve up right now, attorney general's around the country. Weighed in after the Supreme Court court decision. And address this issue which I think needs to be discussed also. Again this is first reading but I think we have a lot work to do before. Before this gets to the public hearing. But legal like to weigh in at all. Yes, and we can definitely provide now says at the public hearing in one on ones or today, if you prefer so it's really up to the discretion of Council. >> I think that if there if you're prepared to have some of the legal conversation I think it's appropriate today. >> All Star with his own because that's the first case that was the case that was a we decided in 1989. That's a case that we discuss with you before it basically establishes the standard for an acting race conscious programs like a minority business enterprise program. So in that case the United States Supreme Court decided that in order to maintain or to create a program based on race you have 2 a government entity like the city has to. Have a narrowly tailored program that addresses a compelling state interest. And they gave examples of what a compelling state interest could be and it could be 2 remedy past discrimination. In procurement and contracting and that can be shown in 2 ways it can be shown by what's called direct evidence. >> Of. Discrimination which would be. Employees were at actors within the city, actively discriminating against contractors or subcontractors or by what's called passive discrimination and in cars on that's defined as a government entity basically spending money and a private industry that has been shown to discriminate and so that is why the East end Park conduct it incurs own they laid out the foundation for those types of studies as far as the kinds of things that have to be address one is you have to address willing and able. Contractors and you have to look at the availability of those willing and able contractors and compare that to the eu was a shun of those contractors within your city and as you know and we'll discuss that the public hearing the presentation that you have we did have a disparity study done which did have the significant statistical disparity for particular minorities and what preside addresses is that your remedy has to be nearly tailored to that. So if there is a statistical disparity in construction for example for african-americans and only african-americans then you're remedies can only address African American businesses and if there's the Siskel this statistical statistical disparity with. Hispanic-americans in goods and services and only Hispanic Americans in goods and services, then you wouldn't be able to have. >> Programs that they preferences to african-americans and goods and services so you have to be very particular as to the suspect class the protected class and as to the different industry involved. Construction professional services purses goods and services and as long as the disparity study is valid in methodology and shows that statistical disparity then that's one of the ways that you can show evidence of past discrimination. Recently there have been cases as council member mountain area has described to look at race conscious not in contracting specifically with the United States Supreme Court but in college admissions and in that United States Supreme Court case that did come out this summer. Students versus fair admissions versus Harvard and you know University of North Carolina that case said Harvard and unc violated the 14th Amendment and it's the equal protection clause because the race conscious measure did not meet that strict scrutiny standard is a very high standard of evidence us the higher standard under legal review and because they didn't show and narrowly tailor effort to address a compelling state interest. The Supreme Court said that Harbor unc could not use race-based preferences in college admissions anymore. There were a number of reasons for that relative to contracting you what we're talking about here today. They the court Supreme Court did not feel that Harvard and unc showed a compelling state interest because there was not one night and into their program and there weren't measurable reasons why the preferences for taking place the court also found that it was a narrowly tailored because of the way the program was set up. And you do have have and even higher bar if there is one as far as the evidentiary standard is concerned now that case was not about contracting. But it was about race conscious programs and so we remain legal department anticipated that at some point. Contracting case would come out in sight. Students versus fair admissions versus Harvard and unc and that has happened. Recently it was in Tennessee. So it's not a binding the court case for us in Florida. In what we call the 11th circuit the Federal District Court. But it is a that is the only case right now that talks about the race base in college admissions in the contents of contracting and in that case they did not have a recent disparity study however, there was some language in that case about whether or not intentional discrimination is shown. So it it does discuss the very particular points of evidence it's called a strong basis in evidence that has to be shown to show that that discrimination that I talked about earlier that passive discrimination because our disparities that you show that there were if participants here at the city of Saint Pete that we're actively discriminating against anyone so we're talking about the past discrimination. So you have to have the strong bases and evidence which includes the disparity an intentional discrimination to go forward with these programs. The reset. I think councilmember mountaineer ii talked about the recent efforts of the Legislature as far as the business impact estimate, there is a exemption 4. Warren says related to procurement and since this is a procurement ordinance it would be exempt from one 66 point 0, 4, 1, There has been a stand by 13 attorney generals based on the student's versus fair admissions case about race Methods to address discrimination by governments. Those 13. Attorney generals feel that it it's such a high standard that is insurmountable to keep now that we have the Supreme Court. A court case. Minority business enterprise programs or any race-based program by government because of the hive larvae evidence that is necessary I also want to bring to Council attention that the governor. Through the central Florida tourism oversight district. As many of you, you MAY recognize that that oversees Walt And it's district it's improvement district. Recently the tourism district that was appointed by the governor did abolish the use of mbe programs that's not the case that is a government action. In that district the state still has it in the program. But you know the climate. The cases everything that's going on right now is something that I just wanted to make sure you are aware of not to sway you one way or another, but it is a very high standard. Too prove and to maintain a minority business enterprise program and then everybody talks about that part of it, but there is another part of it the women business enterprise program and people often ask me well what's the difference. The difference is not race. That is what the last says that is what has been found the case there is a standard for those programs as Colin intermediate standard. It's a lower standard in it that this does not really a question based on this does the disparity study about those programs. All right it is a very long answer but I feel like when you're passing something of this magnitude which is either a likely to be challenge or at least talked about at the public hearing that you need all of the information. That's out there or at least the ones that have been decided by the Supreme Court and the court within our district. Thank you thank you for that councilmember Mon. That answer Answered it brought up a lot of concerns that I have right and and the liability that the city. MAY have if this passes. >> As as a ordinance to and I could go into a lot of detail, I've got the Supreme Court case which is over 200 pages but let me just ask just a couple and then all of my colleagues speak so in the Richmond versus Crow son. Case, the court struck down the rich 30% mbe quota. And in this ordinance there there's not a quota. But there's annual aspiration ul goals what's the difference between a goal in a quote. In the Richmond case there was specific quota. So 30%. Of the contract had to be utilized by mbe and wbe that's regardless of availability regardless of ula's ation regardless of the disparity study that MAY or MAY not have been conducted. Here the annual aspiration will go will be set after review of the first year of the mbe wbe pro wbe. Program and it will reflect. The city's aspiration ago one is not mandatory quotas a mandatory aspirational goals are not it will reflect what the city believes is necessary based on the disparity study and the Hulett station of wb and in the ease to say this is what we would like to see in the city, this is our aspiration of goal of what it should look like based on what we saw in the disparity study. It's not mandatory. Okay. >> Let me let me ask a question Senate bill one 70 that turned State law. It also talks about. The city being liable. 4. Litigation costs. And damages. Can you talk about that is is exempted because this is a procurement ordinance or 2 there are just the other study that would be required. That section that you just talked about is relative to the business impact estimate. But there is the risk of liability attorneys be regardless of Senate bill one 70 if you if we are sued based on. Equal protection under the 14th Amendment or any other reason then there is a risk that if we are unsuccessful that we would have to pay attorneys fees. >> We can talk about this more if this gets to the public Research that I that I've done I see. A large threat. Facing the city if this ordinance gets its past. So thank you. Thank you council member just go. Thank you. Councilmember month period during a very valid concerns and thank you Jeanine for the and great explanation. But as you do the time when when you guys to the one on ones I'd like to have. Janine or another to another attorney at that meeting. If you're not a full then. I mean like who whoever cargo someone from legal probably myself we'll work with each of you want to one before the public hearing right. So that we were all. Okay, thank you that's over what's. Thank you and I get what I would appreciate from the City Attorney's Office is a memorandum on this. A legal memorandum. You can ask for one yes. I think I think given the issues I think I would like to see it legal. All right did administration one side councilmember on let me just been legal memorandum just brought up another part has the it city legal thought about getting a attorney general opinion on on this ordinance we have not in that hasn't been a approach no one is a process regarding an attorney general opinion. I will say that because the state. >> Already has been in the program. We didn't feel it was necessary to get an attorney general opinion as to whether or not they won't give us based on our they will look at our disparity study and tell us whether or not it meets the United States Supreme Court standard. If we were to ask them a question it would be regarding generally what the standards are but they typically we will not look at the facts of the case and make a determination that ultimately a court would decide. >> Moody did not weigh in with the other 13 attorney But. Let me let me think about that and I'd like to talk about In 1, 1, Absolutely thank you. Thank you, MADAM Chair, and I want to first start thinking, MISS Williams for her. In-depth knowledge on this and let me assure Council we have had the same discussions with the legal team. Our. Our analysis and We're we're focused on creating opportunities, we feel like the business case for creating the opportunities for members of our community who haven't done business with the city to do business with the city outweigh the risk of potential suit. So I mean that's kind of how we landed in the final analysis and like I said we'll be rounding with each of you. To discuss it in more detail all of the information you know how will how we design the Ali. And you know I think Janine hit on all the salient points you know where we are and I want to assure Council we designed the ordinance to be a tailored response to hit the points that were address directly at or identified in the disparity study so that we will manage that risk the best we can by the by saying but everything that was in the disparity study we're not going outside of that. So we've been very judicious about making sure that we stay within the metes and bounds of that document so but where I just wanted to share that as our kind of final analysis and why we brought this forward for consideration. >> And I'm sensing that you have anything else you MAY not know okay. Thank you all right well, thank you all for the great Clerk I think we have a motion a second. Police up in the machine for voting. Council members in your votes. Seeing all present council members voted clerk please tell me announce the vote. MADAM Motion to approve agenda item e to pass a 61 COUNCILMAN Martin narey voting, no council members Driscoll fix Sanders gabbard Gert is Hannah was Mohammed voting, yes and councilmember Floyd being absent. Okay we will now move on to our report item and take up item f one which is a resolution approving an amendment to the city's fiscal policies. We're joined by chief financial and Fritz and budget director well this but the cops key. I love this we get a preview of you before later on we have our budget public hearing on one. So today we have over 3 fiscal policy for consideration. They were average viewed at the Aug. 10th 2023 budget finance and taxation committee and were approved by the committee. The first one changing the general fund target fund balance which is currently 10% of the fund's current year adopted budget to 12%. And this is a part of a multi-year process to increase our target to 2 months or 16.7% target of current year appropriation which best practices. And the second item is for the sunken gardens operating fund. It currently does not have a fund balance target and so and suggesting Inc including at a target of 8.3% which matches the other funds in that category as targets. And then for the 3rd time and again over to and to explain that one. And for clarity for information it's one resolution with all 3 items and one so it's one vote. The final change relates to the fact that our fiscal policies did not address early prepayment of the annual recommended contributions for the city's pension plans. As you know we brought that City Council and did that kind of one-off last summer. So we believe it belongs in the fiscal policies so we are recommending. Language that would would be added where there will be circumstances where the city MAY use available resources in the general fund an excess of that Park stated targets for a fiscal year to prepay future required x really determine city contributions to the pension plans. Such a circumstance would be advantageous when there is a decrease in market value compared to expected returns salary increases in cost of living adjustment higher than expected from the prior year plan an updated assumptions were drivers to this increase. The strategic use of available resources in the general fund in excess of the state a target to the fiscal year will reduce yes men appropriation needed in the future fiscal year. We believe this is a prudent fiscal policy gives flexibility when there is. Amounts in excess of the targeted fund balances that with the work of the market timing that we would be able to take advantage of. And makeup repayment so that those investments can be deployed by the pension plans. And I'm hoping that would that reduce the that the feature required contribution because of the prepayments. >> All right, we have a motion and second it. No we don't have the cards on this item all right seeing no further requests to speak clerk please up in the machine for vetting council members and your votes seeing all present council members voted click police telling us about. MADAM Chair motion to approve agenda item f one passes unanimously with councilmember Floyd being absent. Very good. Thank you ladies we appreciate it. All right now let's move into our new business and take up item g one council member driskell. Thank you and it was just a and a nice way to open this was having rabbi Weintraub doing our invocation today what I bring before you is a resolution supporting the establishment of definition anti-semitism Russia center tomorrow evening. I thought that this would be done. I'm a good time for us to really emphasize our support for the Jewish community. Recently I had a wonderful conversation with a member of the Jewish Federation. Who spoke of a similar resolution that was passed by the city of Clearwater, not too long ago. So I took that and. Look at some ways that we could make You know very Saint Pete I also had some conversations about 2 about this. With chief Holloway and also with Chris co l a because we know education is an important way to combat anti-semitism and really the first step is to define it and really understand what it is and the hre has a standing definition. As well as examples that I think could be really educational tools to make sure that everyone understands what this looks like and what support looks like as well. I'd like to I found out some some great things about the way that the city does its training. In regards to this and so I've invited chief of asset from the Police Department and also Chris Torello from h r to join us and just have a little bit about some of the efforts that they have where they incorporate this type of education into our training for our employees. >> Also produced want to speak first. No it we do have the cards for public comments so like Boston with the Police for the last 4, 5, 5, 5, 6 years we've had a partnership with the Holocaust Museum here in St. Petersburg we're we have offered training to all the police officers we hire we started a partnership in 2016. It was based upon a national program that was rolled out with the Holocaust Museum and the Washington dc Police Department. So it was to essentially provider officers with an understanding of the whole cost. What the German police played in that role during that time period and as well as looking at what law enforcement role in it and democracy. So all of our officers started to those 16 they all went through the program and then it has part of our pre-k to me program. So all new officers getting hired have to go there for 3 and a half hour. Opportunity to be able to be a part of the partnership to historically some of the aspects of policing have played in different communities. So that's where we have the Police Department and brace that and it's worked out. Well, it's continued we do several times a year with all the new cadet classes, Thank you thank you for the assistance that you provided as Rabbi when Trump offered earlier to the the events please pass on. Gratitude to the Police Department. I said I appreciate that and we work great with our partnerships with faith-based leaders and it is great every time they need us we're there for them. Thank you. MISTER Lou. Hello good afternoon. It for and really decades the city been in compliance with federal state and local law concerning anti-discrimination Starting back probably in the 60's excuse me with title. 7 when that came about so. We've had policies and procedures in place Lee said for decades and part of our supervisory training our management training. And also our new employee orientation is where we go over the rules and regulations we discuss discrimination in all forms and it certainly includes religion. As as one of its core pieces. So this fits in very well to to what the city already does and we appreciate the that you bring forward. Thank you and the. I ate for those of you who don't know is international Holocaust remembrance alliance. They have a wealth of resources that can help. Share factual information anti-semitism and how to recognize it and how to stand together to stop it. The definition is included in the resolution which are read but then they also provide examples which I've included in our backup material and it's you know some of the examples are things that we don't there it's the obvious stuff but then there are other things that sometimes you don't notice at first that's something that could where his anti-semitic. You know calling for aiding or justifying the killing of harming of Jews in the name of a radical ideology or an extremist too religion in making mendacious dehumanizing demonizing or stereotypical allegations about Jews as such where the power of uses collective. As as accusing Jews as a people of being responsible for real or imagined wrongdoing. Not committed by a single Jewish person or group denying the facts code mechanisms are intentionality of the genocide of the Jews people at the hands of national socialist Germany and its supporters and accomplices during World War 2. Accusing Jews as a people of inventing are exaggerating the Holocaust. I mean the list goes on and on. But this is really good information that I think everyone should review and I understand because it's a way for us to strengthen. Our support for the Jewish people and a stand against hate in our city and everywhere. I think I'd like to read the resolution and then we could have public comment on it I would prefer that yes all right. Thank you. The resolution reads this fall a resolution supporting the establishment of a definition of anti-semitism in order to help identify measure. Monitor and ultimately combat anti-semitism and providing an effective date. Whereas Petersburg Florida is a diversity home to a vibrant Jewish community and many other religious and ethnic groups and whereas the Jewish community in the city of St. Petersburg Florida has enriched our community through their leadership and contributions to the arts business, academia and government and whereas the anti-defamation league reported the crimes against the Jewish community accounted for 80% of the religiously motivated incidents in Florida in 2020. And whereas according to te'o's annual audit of anti-semitic incidents. Florida has seen a dramatic rise. In anti-semitic incidents with a number of reported incidents in 2021, increased 50% over the prior year rising from a 127 to a 190 incidents and including 142 instance of harassment, 47 incidents of vandalism and one anti-semitic assaults. And whereas that's significant challenge in expanding protections and rights of the Jewish community is the establishment of the definition of anti-semitism and whereas the international Holocaust remembrance alliance, the I h r a has proposed a non-legally binding definition but the anti-semitism that has been adopted by 37 United Nations member countries, including the United States and 320 non-federal gover

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