City Council Meeting

Gulfport City Council Agenda Template

City of Gulfport Florida

City Council Meeting Notice

Tuesday, February 02, 2021

Catherine Hickman Theater - 5501 27th Avenue South, Gulfport, Fl 33707

6:00 PM

AGENDA

Call to Order

Invocation given by Vice Mayor Michael Fridovich

Pledge of Allegiance

Roll Call

1.

Public Comment

2.

City Manager Report

3.

City Attorney Report

4.

City Clerk Report

5.

Consent: None

6.

Ordinances

6.a.

Ordinance No. 2021-01: Second Reading and Public Hearing: An Ordinance granting to Duke Energy Florida, LLC d/b/a Duke Energy, an electric utility rights of way utilization franchise; and prescribing the terms and conditions related to the occupancy of municipal streets and rights of way in the City of Gulfport, Florida, for the purpose of providing electric service.

EXHIBIT: Item 6.a - Memorandum.pdf

EXHIBIT: Item 6.a - Ordinance No. 2021-01.pdf

7.

Resolutions

7.a.

Resolution No. 2021-10: A Resolution authorizing the Mayor, and where applicable the City Manager, to enter into a State Revolving Fund Construction Loan Agreement with the Florida Department of Environmental Protection for the Lift Station No. 2 Force Main Extension and Pumping Improvements Project; and authorizing the use of contingency funds as provided for within the Loan Agreement.

EXHIBIT: Item 7.a - Memorandum.pdf

EXHIBIT: Item 7.a - Resolution No. 2021-10.pdf

EXHIBIT: Item 7.a - Contact the Clerk's Office - FDEP Construction Loan Agreement WW5202B0.pdf

7.b.

Resolution No. 2021-11: A Resolution authorizing the City Manager to enter into an Agreement with the Pinellas County School Board for School Resource Officer Services at Boca Ciega High School and Gulfport Elementary School.

EXHIBIT: Item 7.b - Memorandum.pdf

EXHIBIT: Item 7.b - Resolution No. 2021-11.pdf

EXHIBIT: Item 7.b - Contact the Clerk's Office - School Resource Officer Agreement.pdf

7.c.

>> It is February 2, 2021. Welcome to the city Council meeting for Gulfport, Florida. Please join us -- and rise for the pledge. >> African-American history is given us [inaudible]-- largely ignored [inaudible] took the challenge. [inaudible]In 1976 the history was expanded [inaudible]. Chose to be for a celebration of 2 men greatly [inaudible]. Frederick Douglass became an abolitionist and Abraham Lincoln signed the Emancipation Proclamation. On February 2, 1990 [inaudible] stated the jailed leader Nelson Mandela will be released and they stopped apartheid. Yesterday was Langston Hughes birthday. >> >> [Pledge of Allegiance] >> Roll Call: Henderson, here. Thanos , here. Brown, here. Ray, here. Fridovich, here. O'Reilly, here. Salzman, here. >> 1st I like to note the proclamation on acknowledging Black history month. This will be at the library. >> >> [Multiple speakers] >> Thank you for attending the flag raising. 1st step tonight is open public comment. Any item not on the agenda. You will have your 3 minutes to speak. Since we have do some canids in house this evening remind [inaudible] or from the crowd and please give us your name and address and council ward and will start with Mr. Fried back in the corner. >> RichardFriede. I submitted a form for public records request. Leslie, you got it, everybody got it. I'm not going to be a problem tonight, Mayor. >> [Speaker off microphone] >> I was reading the HRO, and I don't see with their standardized form to fill out or if there is an issue with elected official. I do not think our city manager should be the deciding factor to determine whether or not there is a human rights violation for the citizens. So, we need to address that. I mean, one of the [inaudible] against the mayor himself. The city manager, for example [inaudible]. I think it's unfair for them to determine whether he violated the ordinance itself. Maybe Andrew can speak to that, or, outside counsel. I appreciate you all doing what you .. Hard work. You have to be crazy to do it. >> All right. Anyone else for open public comment? Yes, sir?>> My name is May Rodriguez. I spoke up you about the human rights issues in Gulfport also. Ms.Thanos of you want talk about human rights from 10 years ago when it you look at yacht club there's been a number human rights violation addressed against them. There was an investigation done against Pinellas County office of human rights they focused at the Boca cityyacht club is anti-semetic and retaliatory. Retaliatory. They also determined in human rightsinvestigation at Pinellas County that they discriminate against Americans with disabilities. And retaliatory. Meaning, they attacked the people that filed the complaints. I'm another person that was a member of both the yacht club for many a decade.I was attacked. There's an investigation done with human rights organization. I never knew Mr. O'Reilly was our human rights officer. When I spoke earlier asking who was the human rights officer, I had no idea that he was the one. He is also received information about the gender discrimination at the yacht club. When I been doing is trying to get through illegal Avenue,freedom of information and sunshine all requests, and I cannot get the information I been legally allowed to request. Mr. O'Reilly, I've asked you another time for your meetings and corresponds with both the yacht club. You have get to giving up Mr. Salzman, made to request forall of your legal interactions with Boca yacht club. I've yet to receive anything on that. Mr. Ray, when you filed your bullying - - when you did your billing ordinance used visibly were talk about Boca yacht club in those actions. Mr. Henderson,you said over and over again, that you want to find outthe resources utilized by Boca yacht club in the city. I'm trying to do that and not getting any of these responses One thing you should look into his how about the 90 police calls that emanate from Boca yacht club in a three-year period? Now this is the utilization of resourcesthat the Boca yacht clubhas been utilizing the police staff towards political gain, and the marina staff. I've some emails showing that but now that I'm moving forward why does it take 18 requests to get the police reports involved in Boca yacht club? Let me say that are again, it took 18 requests Christine Brown come I understand you had a number of human rights violation specifically Chinese I went to speak to you also. And to no avail. Ms. Demuth, I asked for the rental payment for Boca Ciega on 6 different occasions and get to provide that for me. >> Thank you. >> Bullying, -- from the police when asked for police reports.Blank CDs.Something is wrong with Boca Ciega yacht club. >> Anyone else for open public comment? Yes, sir? >> I'm still complain about the racial discrimination done in my very city for city for when I want to combine make a factor I've been deciding [inaudible] my own very cityYou guys like to hide stuff you don't like to make any attempts resolving the issues whatsoever.It's clear you guys are lousy racial dissemination to allow inner towns. Any single to white person you don't see them. I'm a little confused how we manage have no matter how many ice cream trucks we have a town - -. Not one ticket one citation for the absolutely, nothing. When I may complain about its being retaliated against and I will do the exact thing you're allowing white people to do but it seems your white laws only apply to white people. Why can I break those very laws that you people are doing? You're the one that invented it.I'm confused exactly how you about these lesson yet you can apply them To every single race.That we get againanother food truck. It actually showed up in the middle of downtown balloons live jazz but to city parking structures I mean, just brightpink. You name it, no, not one officer saw it. The city manager apparently said he's never [inaudible]. Again they keep violating. They don't get tickets. You send people to harass me.At every single point you continue some people out to give me tickets. Let me know exactly what is occurring you because you're holding up this entire thing about this whole black heritage one thing but I'm a little confused.Why is if there's a redline if there's one County. There's not one black own business here in downtown not one black person at all in a position of power. Among any of you. Libraries? None of it. Who do I get to talk to when I need to make a complaint about something that's going on with me? But apparently by talk [inaudible] to ethnic for you guys to handle. When I decide tohave a conversation immediately I'm trespassed.What next? How me more buildings we be trespassing me? I'm just confused because to actual file complaints about dissemination issues that you guys are perfectly aware of. The fact that your turn a blind eye to it, please, was it your very husband that got quoted in an article about the difference between the word N and black folks. >> What I was can say Mr. Williams who you just identified them yourself is it a fine with Tina, I would've never known that. >> [Speaker off microphone] >> That the reason you been trespassed from properties because you did not follow the rules. Because you are disrespectful to other people. >> [Speaker off microphone] >> Have a seat. You had your 3 minutes. >> [Speaker off microphone] >> You want to stay in the meeting would you want to go? >> [Speaker off microphone] >> Anybody else for open public comments? Going to hard to top but feel free. Anyone on the line? Yes. We have one person. Are you there? >> I'm here. Can you or me? >> Yes. >> Hello.1st of all happy new year. I just got back into town a week or so ago. I just wanted to mention, just briefly, the incident of yesterday and I can tell you my heart sank when I read about it. I'm very grateful that no one got hurt. I would just like to mention, to all those people out there bashing the city about crime and so forth because of what happened yesterday, I suggest that perhaps, number 1 read the article that came out last night which had some good information in it. Number 2, perhaps contact chief Vincent and let him explain to you what the crime numbers in Gulfport.I've called Gulfport home for over 60 years, and I feel as safe today as I did when I was a kid riding my bike all over town. So I'm really disappointed that people would take advantage of and opportunity like that,that appeared to be an anomaly, and create all kinds of brouhaha about it without getting all the facts. So city manager, I presume probably is going to to it or the chief will to it but again,I felt horrible about the incident and then to read allthe presumptions out there that are clearly wrong. It's really bothered me. That's all I have to say, thank you. >> Thank you. And you mess on the line? >> Noone else, Mayor. >> Thank you. That brings us to city manager's report. >> Mayor, I did a little work on the inquiry made. [inaudible]. Chief Vincent has been and staff has been investigating it.He has additional information for you at this time. >> All right. City attorney >> No report >> City clerk >> No report. >> No consent agenda item this evening. That brings us to ordinance >> Ordinance 2021.01 2nd meetingin pubblic hearing, a ordinance granting to Duke energy Florida and electric utility rights of way utilization franchise and prescribing the terms and conditions related to the occupancy of municipal streets and rights-of-way in the city of Gulfport Florida.>> Is there a motion? >> Motion for 2021.01. >> Is there anything you would like to add from the last meeting? >> No, sir. >> Any public comment on the item tonight? Council, comments or questions? All right. >> Mayor, we need a 2nd motion. Is there a second? >> All right. Call the vote. >> Roll Call Vote: Fridovich, aye. Brown, aye. Ray, aye. Thanos aye. Henderson, aye. >> That brings us to resolutions, resolution 2021.10. >> Resolution 21.10, resolution authorizing the mayor and where applicable the city manager to enter into a state of loving fund construction loan agreement with the Florida Department of Environmental Protection for the lift station number 2 force main extension pumping implements project. >> City manager >> Yes. This is ongoing process to access loan funds. Basically in your loan documents, statute the mayor must enter sign the fact that you are indenting the city. We have other documentation financial payments the city manager is authorized but at this time because is the actual closing document it's require the mayor signs it. This is utilizing all the funds available for the it's a bypass budget I thing we talked about it but this is the crown to what we have been working on. As we go through the annual budgetwill talk about how repaying this withsetting sidepenny monies and is probably the best project we've done as far as the transportation >> All right. Good to see this go through.I will entertain a motion. >> Motion to accept 2021.10. >> Second. >> There is a motion and a second any further questions?>> The only thing I want to mention I check with the city manager because there's like $59,000 need for the loan. I was asking about that just so people understand that it sort of like buying down the interest rate on the qualified points so that we have a 0 interest rate and cheaper to do that than pay a low interest rate with other fees that get associated with it.>> City was the previous is this a 0 >> The previous is 0. Councilmember Thanos, spoke to this. There are busy not making money on the interest rate. >> Right. Covering the cost of it ministration for the program. >> Yes. >> Any other comments or questions?>> It's nice to see this coming to the floor. >> Absolutely. Call the vote. I'm sorry, public comment folks. Does anyone want to make public comment on this? Mr. Fried, I see you in the back. Thank you. >>Richard Fried. I was unaware about the $50,000 origination fee. I need a little more extra nation. Also, when I harp on government bonds for putting solar on our buildings, there's an objection to the fees involved. What is the difference? >> Thank you. Anyone else for public comment on the item? Any call in for public comment? >> No not at this time, Mayor. >> Call the vote >> Roll Call Vote: Fridovich, aye. Thanos -- >> Mayor would you want me to address that? >> If you want to follow, with Mr. Fried that's fine. >> Real quick. >> Okay. >> It keeps the program going. This is the only cost associated with it. Securing bonds from a government agency, your part of bond counsel. This is a 0 percent [inaudible] by the state of Florida [inaudible]. >> Thank you very much. Call the vote >> Roll Call Vote: Fridovich, aye. Thanos, aye. Brown, aye. Ray, aye. Henderson, aye. >> That brings us to resolution 2021.11 >> Resolution authorizing the city manager to enter into an agreement with Pinellas County school board for school resource officer. >> City manager >> Mayor, this is a grant agreement to offer 3 resource managers to the high school and one at Gulfport elementary school. Basically, Pinellas County school board gives us$190,000, the annual cost would be 250,000 and that is for all 3 of them.>> Feedback from the schools about the program? Anything positive? You know. We are good. Happy to answer any questions operational capacity. >> Thank you. I'll entertain a motion for this.>> Move resolution 2021.11. >> Second. >> There is a motion and a second council comments or questions >> I would like to say when I was doing the safety around the water program we were actually spend some time with the elementary school andI forgot the officer's name It was amazing because we had our booth set up and table set up and everyone else has table set up especially like a PTA meetingbut they make a little deal out of it. It was really amazing because he was set up next to us and that table was flocked.They just loved the guy. I thought that was, the PR we really need for our officers. It was great at these kids are going up in the elementary school and their exposure to an officer is going to be very positive thing I thought that was worth it. >> Anyone else? >> There are 2 officers at Boca CA go have been very respectful and is a great program.The kids flocked to them, to over there for advice. It's well received and their great officers. >> Good. All right. Call the vote >> I'm sorry public comment. I'm not doing that on purpose. Mr. Fried. You're welcome to sit closer, if you like. >>So this is money that's been added to the budget and then spent, is that my understand? Okay. Because in my life, I know it's important to have more money at the end of the month then money at the end of the month. When I did management I could never read a P&L profit loss statement. I could not understand. But I knew how to make money. And I know I needed to make more money at the end of my month. So, a lot to do with budgets. You are taking money to pay Peter to pay Paul. It doesn't matter what you spend I just don't get it. So whether or not your paying interest or origination fees, we are still paying it. >> Are you talk but the recent resource officers, Mr. for a big >> Excuse me? >> I talk about the resource officers in school? >> Were talk about budgets and items. >> Were talk about officers in the school. Wow this money coming in and spending out >> We cannot spend school resource source money on other projects >> Specifically, we didn't have this money we'd be spending it, anyway, right or Woodway? We know we only get it because of this. That's what has to be used for. >> So, would we not have more money at the end of the month if we just spend that money if it wasn't given to us anyway? Probably, not, right? You would not do it unless we get the funding, right is that what we are >> Well, we have to do this before were given any budget for it and this came - - it would cost us >> >> [Multiple speakers] >> It's a good thing. It's a good thing. But you saw a need you addressed it and now you found the funding to pay for it. Right? Whether not you found to pay for you still needed it. Correct? Am I suing that that's a good answer >> That is something council would've had to vote on to do and we did preemptively do that >> Exactly, my point. >> Okay. Anyone else? No one on the line? >> No may or not at this time. >> Yes, ma'am? Yes, sir. It started back here. >> My name is Ryan McDaniel. I've a question about the wording in the resolution. It says it's, , quote, relative to certain uses enforcing leases a body worn camera footage. >> Your talk about the next item. >> Sorry. I was looking at the specific wording of the resolution here. Talked about changes being made , quote, relative to certain uses of force and release of body worn camera footage. I was hopingyou could elaborate on specifically what that might mean?>> Okay. During public comment will have the chief still very can come elaborate on that. >> Sure. >> Thank you. Sorry about that, in stark towards the back. Anyone else for open public comment on the item? To seeing none, chief if you're with us would you mind - - thank you very much. >> I wonder if that has to do withchildren on camera kind of thing? >> That's it. >> The chief can to it. The biggest thing that was a discussion about who owns the rights to the footagethat's been videotaped with a body camera. The school system is concerned that student privacy act, public record is that the officers are doing their job. They have extensive debate about that. >> Okay. I'm gonna let Ryan come up andnow the chief is in the room. Do you mind, Ryan, sorry? Thanks. Chief this a regarding a change in the language specific to body cameras. >> And, use of force was in there, too. >> Yes. >> The resolution says, there's been changes relative to certain uses of force and release of body worn camera footage. I want to know [Speaker off microphone] Changed for? >> Thank you. >> Sothe details on the question are in the contract itself, which of course - - is a PDF document which we put on the website. I'll elaborate here. The school board wanted to be notified in the event an officer assigned to a school used in the level of force beyond hand to hand control. So use ofa weapon of some sort, chemical weapon, Taser that kind of thing. They wanted notification from school staff. That's happening anyway they want to formalize it. >> Okay.>> The other thing is when practical before we leased anybody 1 camera footage publicly we want to be notified we were doing that.We did not have any problem with that. Those 2 provisions are in the new agreement. >> Thanks, Chief. Much appreciated. If there's no mouse for public comment - - >> We do have someone for public comment. >> Okay. >> Margaret Tober again for I want to comment on the budget aspect of that. It seems to me that the 2 officersof Boca CA go high school in the been funded for years. Then, maybe 5, 6 years ago was some incidences at other schoolsthe city manager and the police chief made a decision to put a school resource officer in there because of that and thenworked diligently to get the funding for that from the public Pinellas County schools. I think that just - - I don't know you can ask for anything better for the was a concern about children and the city did the right thing and put a police officer in their and they got the funding for it. While it may have been after-the-fact I also think probablywith unlikely the school board would've done it anyways. I do not quite understand the criticism or the questionnaire. The funning was always been there as far as I can see.Thank you. >> Thank you. Anyone else? All right.Call the vote >> Roll Call Vote: Fridovich, aye. Thanos, aye. Brown, aye. Rainey, aye. Henderson, aye. >> That brings us to resolution 2021.12 >> Resolution authorizing segment to enter into a contractwith Smith fence Inc. for the replacement of Marina basin fencing.>> Right. City manager>> Mayor, this is replacement of the fence outside of the Marina basin. This is just our stuff. We previously did the-- where we did the landscaping on the north side.>> Okay. I'll entertain a motion on this. >> Motion on 2021.12 >> Second. >> There is a motion and a second public comment on this item? Council comments, questions? >> This elapsed bit of fencing? >> Well, the last bid for redesign but yes. This is the main basin. >> That will be nice. >> I want to ask a question. At Tomlinson Park I know it's not the same kind of Park but is there any cost savings to connect that one over the drain to connect that one at the high school. [inaudible]. He took the fence with him. >> Will get 3 prices specifically for the project. All happy to look into that >> Okay. I did know it would be value to piggyback since are already mobilized. >> We can ask but it will depend on the cost. >> Mayor I do have one call in. >> Sure. All right.>> Are you there? >> Hello. David Cantor. Thank you as always everything you doand being here this long evening. On this itemif there is consideration around changesto the fencing on the south basin I wish I don't about this earlier. I would potentially try tointerject earlier and try to make and ask earlier but it would be incredibly valuable for those of us who rent slips from the marina who have to go in and out of the docs and everything of that side of them you don't have access tothe services of the marina and so forth without walking down the road. There could be some consideration the configuration of this reinstallation of the gate on the south end of the basin to allow for that type of access you don't have to walk down the road, that would be great. Thank you, all. >> Thanks. Unless there's further comments or questions we will call the vote >> Roll Call Vote: Fridovich, aye. Denis, aye. Brown, aye. Rainey, aye. Henderson, aye. >> The motion passes. That brings us to council comments and informational reports. Vice mayor. >> Two things. This Saturday will be -- in all the money they collect goes to many charities we've designated or in Gulfport. Also continue to wear a mask. If you don't wear your mask will be having this conversation for the next 400 years, so where your mask. >> Thank you. Councilmember Thanos >> It was a nice video they put together for the black history month. Michael and I were left out of it. We were there and we were not introduced and speaking things we did so I just want to people know we were there and did appreciate being part of the ceremony. I've talked to the GMC about having a monthly table, whichever event either the Friday night or Saturday thing, so we can have a council person there either to answer questions, take - - if we don't know the answer to take out information I get back to people. Just so people have an easy way to connect with us. I'm planning on doing it and I'm happy to share that responsibility either with somebody or take turns. >> Are you speaking about >> You can either do anything you want. You can do the Friday night art walk. Saturday night art walk. Just pick one each month. So we can take turns and maybe put in the article letting people know there will be somebody there for someone to talk to. >> All right. Anything else? >> Yes. I talked to the city manager and we are looking at doing probably quarterly - - this will be the citywide yard sale only it will be for art. So - - is going to get with the city manager and worked out the details with that. That can be a positive thing for a lot the local artists who don't do it as a real profession but whatever and that way they can have in their own yards and spread it around their own city.. They can make a little money and everyone can appreciate what we've got going on. >> Mayor, councilmember Thanos and I spoke about this and the promoters responsesuggested [inaudible] and see how it goes. >> Yes. New issue with private sales and private property? >> No. We allow 6 yard sales, one every