City Council Meeting

Gulfport City Council Agenda Template

City of Gulfport Florida

City Council Meeting Notice

Tuesday, August 16, 2022

Gulfport City Hall, 2401 53rd Street South Gulfport, FL

6:00 PM

AGENDA

Call to Order.

Invocation given by Vice Mayor Christine Brown.

Pledge of Allegiance.

Roll Call.

Presentation: Representative Linda Chaney, House District 69.

1.

Public Comment.

2.

City Manager Report.

3.

City Attorney Report.

4.

City Clerk Report.

5.

Consent:

5.a.

Consider approval of the Council Meeting Minutes of July 7, 2022.

EXHIBIT: Item 5.a - Minutes 7-07-2022.pdf

6.

Ordinances:

6.a.

Ordinance No. 2022-03: First Reading - An Ordinance of the City of Gulfport, Florida, providing for amendment of Chapter 11 of the Code of Ordinances, pertaining to garbage; providing for amendment of Article I thereof, pertaining to Section 11-21 Service Charges; Section 11-22 Billing; and Section 11-23 Special Pick-up; providing for the repeal of ordinances or parts of ordinances, in conflict herewith, to the extent of such conflict; providing for severability; and providing for an effective date.

EXHIBIT: Item 6.a - Memorandum.pdf

EXHIBIT: Item 6.a - Sanitation Rate- Financial Impact.pdf

EXHIBIT: Item 6.a - Ordinance No. 2022-03.pdf

6.b.

Ordinance No. 2022-04: First Reading - An Ordinance of the City of Gulfport, Florida, amending Article V of Chapter 11 of the Code of Ordinances pertaining to storm sewers; providing for amendment of Subsection (a) of Section 11-100, pertaining to Stormwater Utility Fee - Schedule of Rates; Calculation of Fee; providing for applicable rates over a multi-year period; providing for the repeal of ordinances, or parts of ordinances, in conflict herewith, to the extent of such conflict; providing for severability; and providing for an effective date.

EXHIBIT: Item 6.b - Memorandum.pdf

EXHIBIT: Item 6.b - Stormwater Rate - Financial Impact.pdf

EXHIBIT: Item 6.b - Ordinance No. 2022-04.pdf

6.c.

Ordinance No. 2022-05: First Reading - An Ordinance of the City of Gulfport, Florida, amending Article IV of Chapter 11 of the Code of Ordinances pertaining to water service; providing for amendment of Section 11-44, Meters - Cost of Installing, Connection Charge; providing for amendment of Section 11-47, Tampering with Meter or Meter Seal; providing for amendment of Subsection (c) of Section 11-48, Water Service Rates-Established, Responsibility for Payment; providing for applicable rates over a multi-year period; providing for repeal of Subsection (d) of Section 11-48, Standby Charges; providing for amendment of Section 11-49, Same-Date of Billing, Discontinuance of Water Service, Liens, Penalties; providing for the repeal of ordinances or parts of ordinances in conflict herewith, to the extent of such conflict; providing for severability; and providing for an effective date.

EXHIBIT: Item 6.c - Memorandum.pdf

>> Welcome to August 16th, 2022 for City of Gulfport. Invocation by vice mayor Christine Brown. Please join us for the pledge of the allegiance. >> I played woodstock in '69. When I played woodstock I will never forget looking out over hundreds of thousands of people, sea of humanity. Seeing people united in a way I will never forget. Music has a power to unite people. Today is the 50th closing of woodstock. >> Pledge allegiance to the flag of the United States of America. To the republic for which it stands one nation under God indivisible and liberty and justice for all. >> Roll call. >> Vice mayor Brown? >> Here. >> Condition councilmember Thanos here. >> City attorney? >> Here. >> All right. Scheduled to have a presentation for state rep Linda Cheney she had to cancel and if she can come back at the September 6th meeting. Council have a problem. Brings us to the first item. Open public comment. This is for any item not on the agenda. Speaking of which, when we have the discussion on budget, we'll have public comment. That is also included. This is for anything not ton agenda, three minutes, name and address if you are comfortable. Yes, Norene. >> Hello again. >> Good to see ya. >> I am Norene Smith. 3831, 54th street south Gulfport. Last week I posted local page on Facebook. Conducted a poll of housing stabilization. Created quite a buzz. Local businesses need employees. If workers can't afford to live here, they won't live here. 9% voted on that statement. 9% voted. Last person, another person added a polling statement which said: Rent increased. Can't afford it. Houses so expensive you can't afford to buy. Why raise the rent just because you can. 1% voted on that statement. In my poll total 216 people in Gulfport voted by this poll. I also wrote a letter to the editor at gather, printed in last Thursday's edition. I would like to read that to you now. Letter to the GABBER. I am concerned about our eclectic town of Gulfport. We are losing friends and family due to high unexpected and sometimes astronomical rent increases. I urge you to come to the next city council meeting today which is today share your experience and thoughts on this subject. Let's also have a community discussion in a town hall meeting and find solutions. We need your help and support to keep town diverse and unique and in order to protect our vulnerable residents from being priced out of town. Thanks, so much. >> Can I say something SNOO >> We'll let everybody do public comment and address it in the end. >> Good to see ya. >> Hi, my name is Cheryl SWARTS, I own a home, 4920, 28th avenue south Gulfport, Florida. Among other things I am a landlord. I own property in cambridge, Massachusetts. It is a two-unit condo building. Over the years I have always seen my tenants condos as their homes because they are. I treat them with respect. It is returned to me. I keep the rents low because I don't want to restrict who can live in these units. I would always ask myself, who would I be if I would do that? Many, many friends over years repeated the same mantra to me: Raise rents, raise rents, they are going up, don't be student stupid. In return my tenants shovelled snow, dealt with repair people and fixed small issues when necessary. When they needed to move on, they found new tenants for me. They knew it would be good for me and anyone they offered it to. The give and take unspoken but that is the beauty of it. Now looking back, I understand the quiet gift I gave myself by leading with my heart and values. So today I ask of you to accept and remember that the overall rental issue is not just a city, state or federal problem. We all have the right and responsibility to check ourselves and decide who we want to be in the world. Perhaps no greater gift than giving of the self. Thank you very much. >> Thank you very nice. >> [INAUDIBLE] ford. I came here last time talked about short-term rental, gave it to everybody. What is going on with that. I know you had a legal issue I am here to follow up. >> All right. >> We'll finish we'll get everybody through public comment and let the city manager address that. In fact may have good news to share. >> Cool. There is other stuff, I give it to your guy's people. Should be able to rock 'n' roll. Did you get to play with it? Thank you to your permitting people. They are very easy to work with. >> Thanks, anybody else open for public comment? Yes, Phyllis? Hey, >> My name is Phyllis plotNick 3038 Dupont. I have had the house since 1983. You can imagine how many cases in Gulfport from edgy to weird to gentry FIed. Gulf port ordinances. 2017, 2019. And um I didn't realize somebody said to me there are like 200 VRBO's or BNB's in gulfport. when we look at the zoning, can't imagine there is that many that are legal in that area. Very small area. I am concerned I think that dove tails with the rent issues. We have people coming in and staying for a week and paying let's say a thousand dollars, 2,000 a week in an area that is not legal for that kind of business. I think it is hazardous to making properties available to others. That is a real concern of my mine. Takes enforcement. I don't know if we figure add way to enforce that. I have a number of neighbors renting out their places under a month for a weekend or for a week. Is it my responsibility to say something to council about that. Feels quite awkward to do that. I think there are other communities that decided they don't want the diversity to be lost to only people who can afford half million dollar, million dollar homes. I would like to see options available. We have an ordinance P. We don't want to change the ordinance. But we don't enforce the ordinance. I think that is something, I love the idea what Maureen said about a town meeting. This issue is the heart of Gulfport what are we going to do? These two articles say we were at a cross roads. We have been at a cross roads a long time. I think it is time we cross the road and figure how we want our city to look. It is you know becoming less diverse because people can't afford it. Thank you very much. >> Thanks, Phyllis. Anyone else for public comment? Yes. Take your time. >> There is no rush. >> My name is Robert SULTA. 1407 Gray Street. I have talked about in April about rising rents. It has become epidemic. Forcing people out of their homes. It is causing unrivalled pain and suffering we haven't seen and all over the county. Gulfport hit hard comparatively. Looking at the recent census, we are hemorrhaging citizens. We are down to 1990, 11,700. Up from 12,900 at its highest. But there is also resurgence to talk about rent control. I feel like I need to address that. I am a listen to the experts-kind of guy. Pandemic happening, 96% of doctors recommended Covid-19, 4% said Ivermectin. 97 percent say climate. 3% say not really. 1% of economist believe rent control will work. 99% believe it will make things worse. I believe economics is a bit of a spectrum. Across Chicago field of right, they found data this evidence that has caused harm. Leads to landlords where they can make unbounded limitless profits. Ultimately hurts people. Twin cities, St. Paul implemented rent control, 61% decrease in available units. Minneapolis 65% increase in available units. Units and construction would have been in St. Paul went to Minneapolis instead. In Berlin, Germany 2018, they overturned it. I do think that the biggest issue is airbnbs. 91% they say full family homes. According to air BNA, there are over 600 airbnbs in Gulfport rising 27%. Next year over 1,000 airbnbs 12% of our population could be housed. Every single citizen, child, not families. Child could be housed in an airbnb if we don't touch this issue. >> thank you very much. Appreciate the perspective. Anyone else for public comment? >> [INAUDIBLE], 4920 south I haven't planned on talking. I came to talk about people being priced out of their parking lots. I feel like the town is changing and people that work here have to move I have had quite a few friends and working class lesbian, I am upset about the fact that my friends can't afford to live here anymore. I guess I have lived here for now 11 years, I don't know. Something like that. I just love the town, it was much more friendlier in lots of ways. people I met were friendlier. very upset about gentrification. Should be some way to control it. I did live in cambridge and control for years and years. Worked fine a lot of people got to together who had money and went through rent control. Thing is it does effect people that work here. They are not even going to be around. People start talking about rent control. I feel like people should be able to raise rents if they worked on their property. Fact that they are coming in and whacking someone with 300,000 a month. They have done nothing. They haven't even painted the apartment. We can get all this money now. That is what they do. Hope we can work on it. Something can be done to stop people from doing it. I know they don't have the same values I have. That is who I am. I don't mind people making money. They don't have to gouge everybody to do it. Anyone else? >> No, sir. >> City manager. >> I have a handout I would like to give each of you. >> Just so people know I am planning to do a town hall on housing. Probably in October when a few more people are back from the summer. We can talk about airbnbs as well. I want to talk about it and address that. Number of airbnbs I have heard is around 450. >> City manager, pinellas county has a plan, it is detailed in records. For the City of Gulfport follow this ordinance. Not try to opt out or write your own ordinance. This has the full faith and support and enforcement aspects through the board of county commissioners. If you were to not take action you would be covered. That would be my recommendation. >> This would go to as default? And gave you the option to recommending you don't opt out. >> [INAUDIBLE] you don't adopt you opt out. Notification of increased rents. What they can and can't do. There are already tenant's rights. Is this similar to that? >> Very similar to that. Can't have I creases without notifying. Creates a lot of level of communication between tenant and landlord. >> It is their property they can do what they want? >> Yeah. >> Saddest thing in the world. >> That is correct. Responsibility of landlord to advise tenant in writing, document it. Can't just say tomorrow. >> This is just enhancing that. >> I really feel for everything that was said up here. It is so true. What Mary said they raised it to raise it. It was about a woman that works with homeless people. She is living in her car. She got a job. Pretty sure the water didn't go up 1100 or $800 a month. I have no answer why somebody except for lack of compassion. People that have a rental property have compassion. I have never raised her rented. I think I even lowered it once. Compassion for manned kind. I don't know how we can legislate that. I don't think you can. You can't legislate what somebody can get for your property. If they are getting it, they are getting it. Very sad. >> I wanted to say I was on Facebook browsing around. I founded couple of groups looking for a place to park and sleep in their cars. There were tons of people in this. They had been rehomed recently. I already had a planned town hall meeting October 12th. That is pretty much my focus, short-term rentals. They are absolutely at the heart of this. Every study indicates short-term rentals have seen a decrease in our residents. In this city well over 500 people. These houses became corporate owned and airbnbs. That is the problem. We need to address it. We need to have a real workshop designated just for the purpose of discussing short-term rentals and rent control. Rent control is a very ify thing to go after. I would like to see us commit to an afternoon of town hall meeting perhaps on the weekend. >> I thought your town hall was in September? >> No. October 12th. >> You are having independent town hall. After that, what are you proposing? >> I am proposing two things. I am still having my workshop. Instead of a town hall meeting. I think that the residents of this town. This week alone, Brian and Phillip their house is for sale John bought a condo in St. Petersburg. I can go on quite a while. We owe the people in this city something at least to have a workshop, hear voices and come up with solutions. >> Okay. If we want to have a workshop, we can certainly do it. I already spoke my concern about the false hope. If we change the ordinance, we lose the ordinance. >> I have been doing a lot of research. >> Let's talk about it during council comments and reports. We'll get consensus reports. >> Thank you, mayor. >> along those lines, we do have an APP you can report this gentleman spoke of, we have the rights. This is also the discussion you would ask me to bring you back after the budget process. We can incorporate the law, what the definitions are, what type of enforcement. What level of enforcement is the council looking for. Or is it if you have an issue. That is something we'll take the guidance from council. At this point spectrum is there. In defense of the others, you are going to hear the discussion go on. Part of my budget discussion, I was going to reference, we have seen some $100,000 in revenue from the population drop. Gentleman right on. 12,222 in 2010, United States census to 11,123 and issues with state sharing. It is a formula they disperse it on. This is an impact. Is it there are others you are enjoying the greatest growth in property values. Actually second. Is that a trade-off? You are not going to solve it in five minutes this time. >> Right. >> I think you are all going to hear different input. I recommend we can start the conversation. I think it is something more of a level of -- yes, I understand being utilized. I think you also have the impact what is the response from the landlords? I am not talk about short term but long-term landlords who have multiple properties and now is the role of government. I am making this point -- >> That is the concern. At what point do we fall into getting litigated because we overstep? >> You just saw what part in the city of St. Petersburg. They passed a resolution. Those are the topics I recommend. I would split discussion between what you want to do for rent stabilization. Yes short-term rentals are a contributing factor. I think you need to almost separate the discussion till you can bring 'em together. Management and short-term rental if you believe that significant contributor to rental stabilization. That is one aspect. We can go through that. >> I have an idea if you are interested. You are focussing on rent control issues? >> Know. I am talking about affordable housing. As well as short-term rentals plays into that. It is only one factor. >> Your folks have had short-term rentals. Why don't we schedule a workshop for post budget. Beginning whatever meeting after your meeting in October. >> I'll try to do my maybe before yours. By the time we do yours -- >> Keep in mind if we do come up with anything requires voter's input. To put it on, if we have it done by December agreement and referendum, we would make it for the March election. >> That would be -- rent control has to... >> Needs to be voted on. I think it is important to let people know at both those workshops. >> I know, we are not changing our ordinance. Nobody wants to do that. >> Also if we follow suit with the county. County -- we don't have to do anything to fall under this umbrella of what they are passing. If we take steps on their own because we infringed on rights to prophet and overreach in the eyes of the law. I want people to understand, we are having a workshop. We are going to come up with a great idea. All of this will go away. There are a lot of reasons why it might be hard to find a viable solution. >> Still gives people the chance to do input and we'll come up with something that will work for the community. I don't want to do anything that puts the city in jeopardy as far as lawsuits. What can we do? What can't we do? >> City manager, if we were to do something draconian hypothetically without -- would we fall under the hearse act? That is an open ended question. >> Hold it a second. Is there, we have to be careful, we could fall to the Harris situation we could get a [INAUDIBLE] >> Let me say it this way, if you were going to entertain something like that, we would bring that forward and have you understand the potential harm. We are never going to let you do something that would put the city in peril. >> All I am asking are we allowed to bring something forward? Or caught in the Harris situation. >> Bird Harris does allow for partial taking. Not complete taking. There are avenues for us to look at also depending on bird Harris claim. Very TLAR. >> Keep us informed on those. >> Bird Harris act would diminish if they are doing something illegally using airbnb and not legally listened or paying taxes. >> That is where I was going to go with this, if you are operating a business outside of the common zoning activity it is not conditional use, you have no entitlement if I was to come in and say I am taking them out of the whole city >> We would bring that to you immediately. >> Understand. City attorney and I city clerk are going to council you on the topics. It is your decision to set the policy. We are going to give you pitfalls and it is up to the council. We are going to give you the counselling. If you were to take it out of permitted mix use development district you are taking something of value from the property owner. >> How many legal? >> I don't know. >> Why don't we pick a date for this workshop? Why don't we have, date in October. Thursday? >> I don't want to do it a weekend. >> I'll try and schedule mine before yours. >> Yours when? >> The 12th. >> Council meetings in October? >> 4th and 18th. >> We could do 12th. >> We will have all the input. >> You want to have the town hall same as council? >> I think we should be -- >> It can be extended. >> The 20th. >> is that good? >> Thursday 20th of October. >> What time, mayor? >> 6:00. >> They way working folks can be here. >> All right. >> We received order in regards to dismissal of litigation recording folks in the city of Gulfport, plaintiff obviously you haven't in front of you. At this point yacht club in discussion with the city attorney and I. Subsequently we will start that discussion. I can't tell you we'll resolve it. Basically move forward with reopening discussions. We put them on hiatus while this litigation played out. City attorney, okay with council, council has specific things they would like to talk about, that agreement, please share them with us. >> All right. >> If we have questions about this, you want us to share it with you. >> City attorney and I can address what has been dismissed. >> I was wondering what dismissal with prejudice. Can we take a step back and mindfully adult in a former marina master plan? >> Anything that is going to occur is part of council. >> I need to get it due to the fact I want to make sure I know where we are headed. >> You have mine today. >> We talked about to council before about this. We would wait until this litigation was concluded and hear what they had to say. >> Bring it back to you. >> We would wait before we go into the dry storage area. >> Not if this is dismissed. Those are temporary improvements. >> Why spend the money on something temporary. >> You are going to have long-term funding issues. I am trying to improve quality of product at this point. They put the cleaning up. >> We might want to put dry storage some where else. >> Isn't it just a minor fix up? >> How much money? >> I'll have to look at the number. Replacing ash fault with shell. More decorative fence, pedestals for the spaces. >> It is still going to $50,000-$100,000? >> Probably more then NA that. >> I would say let's way. >> long term, you need to be operational. My point is, still need to be operational. KOUNS -- why waste money. >> I would like to let the city manager finish his report. >> I didn't think I was this popular. [Laughter] >> Mayor two things, city is going to partner with the new art city week of Thanksgiving. Try to increase the art. Middle school children. They are inviting them to participate. We will be partnering and very limited. Preface, starts with work that your school resource officer did it. One of the issues facing children at that school is they don't come to school, I know that sounds redundant. One of the reasons they sometimes don't come to school, they don't have clean clothes. Officer ZIGSBy took it upon himself and took it over to the laundry mat. Finance firm to who gets and who doesn't and ran out of the school. >> There are kids that don't come to school for a lot of reasons that is one of them. I think it is something we get back. >> Just the elementary school. >> Sounds great. >> She is willing to do it. It would give us a minimal cost. >> Great idea. >> Fantastic. >> That is all I have. >> All right. City attorney? >> No report. >> city attorney? >> No report. >> first and second, signify by saying aye aye. >> Aye carries passes you NAM mousily. Ordinances. This seems like a good spot to take a little 10-minute recess and meet back here at 6:53 and finish up with our four ordinances and discussion of budget. All right. >> Call back to order 6:54. Eye EM 6A, ordinance of the City of Gulfport chapter 11 of code of ordinances pertaining to garbages, service charges. Section 1122 billing and pick up. Providing for severability and effective date. >> Motion to accept 2022-03. >> First and city, city manager. >> Mayor provides for 6% increase in sanitation recycling cost. >> It says it repeals the special pick ups. I don't see anything here about a new -- >> We no longer take televisions and home computers. >> What about just when you have other things. >> Special pickups, they are still here. >> It is just not in your memo. >> It is a category of the ordinance. >> All right. >> Council comments, questions? >> Thanks for being clear on this. Again, correct me if I am wrong has to do with price of fuel and cost of tipping fees. >> county increases 6.8%. 6% increase in employee cost based on a raise. Disposal fees, recycling. I know Tom is going to talk about that later on here. No market. Basically subsidizing and activites around the world. >> no council questions, comments? >> Total have no question increasing 6%, costs going up, fair enough. I would like to look at what can do with different size bins knowing we have a certain amount of garbage, certain amount of staff and trucks. But to try to look at that, at least and see if there is something else we can do because there is so many people that don't breathe create garbage and paying the same rate. Compost, recycle. I know card board is recyclable. Some of the other things are I talk to the company that does our bins. They have different size bins pick upable by our automated system. >> Anything relevant to this ordinance? >> Well, it is kind of relevant. We could do this. I would still like to do that later. >> All right. Public comment on this item. >> Yes, ma'am. >> Go Mr. Oh Riley. >> I would like to hear what Tom is going to talk about. >> I'll talk about it, I am Karen SWARTs. I am so for pay for a different sized been. It is currently being done in Gainesville. In Gainesville, they have had it since 1994. Last year the city commission decided the hell with that, billing is too difficult. There was so much push back from the residents who said three things: Argue going to flat rate fee. Homeowners asking for large trash can and everybody paying the same amount would discourage recycling and more trash going to environment it would increase city's tipping fees. They heard fr