City Council Meeting

Gulfport City Council Agenda Template

City of Gulfport Florida

City Council Meeting Notice

Tuesday, May 02, 2023

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

6:00 PM

AGENDA

Call to Order.

Invocation given by Vice Mayor Paul Ray.

Pledge of Allegiance.

Roll Call.

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 March 7, 2023.

EXHIBIT: Item 5.a - Minutes 3-7-2023.pdf

5.b.

Resolution No. 2023-29: A Resolution appointing a Trustee to the Gulfport Firefighters' Pension Board and providing for term of appointment.

EXHIBIT: Item 5.b - Memorandum.pdf

EXHIBIT: Item 5.b - Resolution 2023-29.pdf

5.c.

Resolution No. 2023-30: A Resolution authorizing a change in the facsimile signatures for the City.

EXHIBIT: Item 5.c - Memorandum.pdf

EXHIBIT: Item 5.c - Resolution No. 2023-30.pdf

5.d.

Resolution No 2023-31: A Resolution of the City of Gulfport, Florida, authorizing the City Manager to sign a Managed Services Agreement with MY TSC LLC due to the dissolution of CompuCom's Managed Services Government and Small-Business department; providing for a term of one (1) year, which may be extended for three (3) years should both parties agree to continue the partnership.

EXHIBIT: Item 5.d - Memorandum.pdf

EXHIBIT: Item 5.d - Resolution No. 2023-31.pdf

6.

Ordinances:

6.a.

Ordinance No. 2023-01: Second Reading and Public Hearing - An Ordinance of the City of Gulfport, Florida, amending portions of Chapter 21, Recreational Vehicles, of the Code of Ordinances of the City of Gulfport, Florida; 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.

I pledge allegiance to the flag to the United States of America and to the republic for which it stands one nation, indivisible with liberty and justice for all, roll call city clerk. >> Vice Mayor Ray. >> Here. >> Council member O'Hara. >> Here. >> Council members Thanos. >> Here. >> Council member Brown. >> Mayor Henderson. >> City Mazer Solomon. >> Present. >> First order of business otherwise not on the agenda yet three minutes give your name and address so we can follow up after the fact to answer your questions and we will go with a show of hands, how are you doing, how are you Ross? >> Rosalie went to town sure prior to COVID the trolley is to come into the town shores and pickup for Friday night and Saturday. The looper, I understand does not come in anymore. For those of us who have mobility issues I would appreciate that you go back to people can go into the to the events that are available I don't see why you took that off your agenda. >> I appreciate it. >> Mayor we can make that happen on the first Friday and third Saturday. >> We can make that happen. >> Not a problem. >> Fantastic. >> Anyone else open to public, it. >> I'm a resident and also a vote owner at the Gulfport Marina in here to talk about the marina I noticed on the agenda but I know it will be soon prefer those that don't hang around the marina like I do on a daily basis. The marina is a great spot, Gulfport is really lucky to have it, great leadership in the employees there very good and it needs some things, Dennis clean up the vote yard which is great, my main point to talk tonight is public versus private yet three clubs on the land that is probably some of the best land in Gulfport if you think about it, it is beautiful and there is three clubs and a small minority of people and a lot of them don't live in Gulfport basically have control over Dennis got the fence down at the yacht club, there's a tremendous amount of pedestrian traffic that walks down there at night with dogs and bikes and everything and now they can go to the water that's where they should be, my suggestion because of economic reasons, public-private reasons is when you renew or if you renew the yacht club you put an end date on it all this land has to be public land. I don't know why at the been publicly and why there is in a hundred people like me that has families I go down there there is nothing better than seeing the boats go in and out. Nothing better. I hope you take that into consideration. That's a big issue the public versus private. Private companies, clubs, minority of people, half of them don't live here shouldn't be in control of the land. Secondly the marina is a cash cow, most people don't know is supports the theater, the senior center, the casino, is supports all of that indicate do so much more. The plans and Dennis have his great plans. My believe he would hang around to make sure that they happen and they should happen. There's no reason why there's not a high and dry if you go to Tierra Verde and see the Allen grill what a perfect set up a nice restaurant, Deva pool which is nice, we don't have to have a pool but you have the Coast Guard land. It's just sitting there with nothing, that could be developed into one nice restaurant, drive up with both, tons of parking is not good for anything in the environment , you already have the driveway and and you have parking in the previous knock would affect the neighborhood and parking. All in all, I hope you consider my point of public-private big issue for me and you make the right decision in the next week or two. >> Thank you very much we appreciate it. >> Anyone else public comment? >> My name is Lenny Guggenheim or 52: Avenue South I'm very grateful for the opportunity to address you, the last time I was here I was talking about Florida right to clean water, it is an amendment that has been proposed for the state constitution which would guarantee that Florida citizens have the right to clean water. Just read from the text the people have an inherited political power pursuant to article one section one of this Constitution to create the right to clean and healthy water that people hereby declare this right which is indefeasible. It also provides prohibited and shall be unlawful in consideration of violation of the right to clean and healthy waters for state agency as defined to harm or threaten to harm Florida water by action or inaction. It also provides a mechanism for enforcement so a person may bring a civil action for injunction or declare relief of court of competent jurisdiction against the state agency and that would be such as the environmental protection. I was just hearing today on the radio show that the state may consider approving Jeppesen stacks to be used as a building material. This stuff is radioactive, carcinogenic which means it can harm cells and we're going to put the all of our the state of Florida, are we nuts, it's shameful. It's absolutely shameful that the state thinks it has such cavalier attitude to the protection of our environment. And it's coming upon us that we take action. I got a packet here. Eligible County has passed a resolution that endorses this petition. I have a generic form that shows the resolution that we can pass to encourage the passage or adoption of this amendment. Also the complete text of this petition or of this amendment. I would like to pass this out to you. I'm urging that Gulfport sitting on the water, our economy, he is talking about the vote club. >> You get the point. >> Thank you for dropping it off you can pass it to the city clerk. Thank you Lenny. >> Anyone else open for public comment tonight, Ms. Love. >> I wanted to thank the city for putting on a really delightful unchain for the city of volunteers this last week and I do think the little parting gift was absolutely brilliant, I wish I had remembered to bring it tonight so I could use it when I was walking home it's a great little light. The second thing I wanted to know if someone could tell me, a couple of months back a discussion item that was on the agenda was canceled and I had to do with all the different vehicles that use our city sidewalks, bicycles, scooters mobility scooters, I think it was Councilman for an overage that had it on their and when it was canceled it was inside why I would like that to be revisited. We have so many different types of vehicles and what got me thinking about it again was writing up a knowledge trail the other day, for the first time I noticed there is a speed limit posted of 20 miles per hour, I cannot put all that fast but there's a lot of motorized vehicles using the Pinellas Trail and a few walkers is clearly posted. When you come down to the city sidewalk, if I'm walking where my 92-year-old mother is walking on the sidewalk or using her mobility scooter and somebody zipped by at 20 or 25 miles an hour that is a different thing read what were calling electric bicycles need to be defined we have such a huge gambit of what comes under that, to me some of the electric bicycles look like motorscooter's to me in their honor city sidewalks. I'm asking you to have that conversation again if possible if you tell me the state is dictated not then I have to live with it. For otherwise I would like for us to address the as a city. >> Thank you. >> Anyone else for open public,. >> Mr. Friede. >> Hello RINOS and dinos is everybody doing okay tonight, good first I would like to start by saying I am not voting for Joe Biden, absolutely not. I'm not doing it, you got me last time you do not get me again, bring me a candidate that is left that you can pull right not a centrist that you can pull it, is not going to happen. I believe that a response should be and must be equal to its threats. I would like to talk about fascist DeSantis again in his version of sharia law. We went to Afghanistan to spread our democracy or this version of democracy whether or not you believe in that war or not pulled out. Instead of exporting our version of democracy we imported a version of theocracy. I don't have enough time to speak to my other issue. What I do want to ask is the pension board issue am I going to be able to speak on that? >> No you can say something about it now. >> Here is the overriding issue when you speak and say you have three minutes to speak to any issue that is not otherwise on the agenda you need to reward that. To make it clear. And do we understand each other. >> Understand what you're asking but the consent agenda is separate from those other items. We will make that clear. >> Clarity is good. Thank you. >> Anyone else open for public comment? Yes. >> Lauren Stern, tangerine. I did some research on the bridge at the new playground I had a couple of conversations with Mr. Nichols then I went to the company that installed it that Gulfport had the project with project innovations in the manufacturer's website, I'm not satisfied how the process went. I sent along two e-mails to Mr. Nichols documenting my concerns which also briefly and he basically said is not going to do anything further so I'm not satisfied without based on my findings so the ASTM is the American Society for testing and materials assess international playgrounds for international safety. They govern safety of tears and upper structures that is one issue. When I spoke and called project innovations six times come on the six time someone answered within 15 seconds I can't talk also to call you back. It was clear he was trying to in the phone call and have a conversation with me. I reached someone at GM that the manufacture, she said I know about this, pretty clear project innovations guy called and she said yes, that meets standards down to eight months however, govern safety two years and up. However, when I found on the website the exact structure in the piece that is an discussion which they call a leaf challenge bridge they have added a level 10 and the website says that the whole structure the big structure which matches photos and Gulfport is for five to make 12 years old is not 18 month or two years old those are in concurrences I found based on the technical details on the website and my specific issues are for - 5 and a half foot freefall is not safe that does not meet 18 - 5 euros should have the distance between the handrails and the fact if they fall down they can hit the bars in the can hit the pads themselves which is all metal. Don't believe this component, I'm certain this component does not meet ASTM safety standards what I'm concerned the bid that Gulfport signed contain things that the letter lies which is not accurate. I would be happy to forward my research on and happy to wait on hold I'm happy to work on this and just clear it's not safe for the standards for bringing that here, thank you very much. Anyone else open public comment not including the consent agenda. >> Yes how are you. >> Hi my name is Kathleen, [inaudible]. That is my son who is making noise, I did not plan on speaking today I do want to say I'm a resident of Gulfport starting after the pandemic but I'm at my house in 2016 and a neighbor of mine not to my attention some rules that are been passed around short-term rentals. Which I'm very much in agreement that there should be regulations and rules around short-term rentals, however, the majority of people that are super host on the AirBNB platform are teachers who supplement their income by renting out a room in their home and that's how I started in 2015, I work for a nonprofit. It's an immigrant integration organization where I helped high school low-income Latino high school students get access to college and I made a very low wage and I supplemented my income by renting out a room in my house, that was great because they help me save a down payment to buy a house in I think there needs to be clear and separate rules for someone like me and my family with inflation that rents a room of my house I'm not evicting someone from a whole bunch of housing availability to do that I'm just saying there is a room of my house I ran out or I can get out my house if I'm out of town. That needs to be treated separate from a corporation coming in and buying up Gulfport in the neighborhood whole block and Gulfport and same to put it on a platform. I think there's no differentiated of rules that can help family afford the high cost of living and mortgage as housing prices go up versus someone who is coming in as a company and buying up the block I don't think there's a differentiation and I don't think they will spend it on personnel and software and I think there needs to be the differentiation. Additionally in my 50 seconds, I know that the city of St. Petersburg Pinellas County passed a zoning to allow single-family households in specific areas to multi-families of up to four units I am in full support and I think in specific areas and Gulfport we should support that because young people like me do not need a four bedroom three bedroom, young professionals can live in a bedroom or two, my family and I live in a two-bedroom or perfectly content. I think that we should in specific areas maybe not the waterfront doing that to allow for more housing access and affordability for this area and I would love for those to be agenda items to revisit at some point. Thank you for letting me,. >> You gave your name and address? We will definitely let somebody to follow-up and I would love for you to get up to speed. >> I can give you my address on the site is not good. >> And your contact information. >> Anyone else open for public comment? Seeing no one that brings us to city managers report. >> The first item I would like to do is have Mr. Nichols come up and address the playground issue. >> Eating the mayor. >> How are you. >> I did talk with Mr. a few times regarding the playground and I reached out to Jan that as well and then supplied us with a letter saying that the playground meets all the standards from ages 2 - 12 and there's portions of the playground were appropriate for a 12-year-old and were appropriate for a 2-year-old, our son currently states 18 months to 12 years I could certainly change that to - 12 to meet the letter that we did receive but again that's not going to stop a mom or dad bigoted 18-month-old to the playground when it boils down, down to supervision issue. >> Thank you very much I appreciate it. Anything else questioning. >> City manager. >> Just a couple of items this evening. First of all Stetson will be holding their graduation on Saturday May 13 they've asked for permissions and also in assistance. First with permission to close 60 first street from 13th avenue to the library and we have no objection to that, they retained public safety as they have on call for the special event. With that they've also requested we provide the Looper the downtown Looper because of using off-site parking in they bring people back and forth from the school, they had previously also asked for us to cover undercover the parking signs on Hall Street, due to the fact that the house and adverse impact on the neighbors we have elected to deny that request and the neighbor understood that we had some parking issues related to students or members of the organization abusing the area on Hall Street, excuse me by smear Ray has received numerous completes about that, there is no parking across the street on the west side of Hall and we would like to continue that. I just want to make you aware 61st will be closed for the period of time and they would be using off-site parking for the second item I have is Scout Hall construction is completed and hopefully next week were doing odds and ends around the property in early next week we should start programming and make it available for use of rentals and that should happen next week. Two other items just quickly. The city clerk is advertising for a planning and zoning board alternate. It will be in the next week we skip a week and will have it out again and we hope to have that on your agenda in June the first meeting in June the appointment we have five or six applications to this point. >> It's a total counsel appointment. The last item Mr. Gilbert spoke of and there was concern about the yacht club lease this afternoon the city attorney and I received from the yacht club lease that we worked on last week in their board approved it I guess last night and hopefully the city attorney and I will review it this week and placed on your agenda for May 16. >> Thank you very much city attorney. We had a very good meeting we were able to discuss a lot of the points that we brought out into come to an agreement on almost everything and bring it back to the board for approval so we will have that to you hopefully if possible after next meeting. >> Fantastic. >> Almost everything? >> Yes. >> Almost everything. There's an issue that will come before you as to the description of the property. We did not reach an agreement we feel we have received direction on what it should look like and they feel it should look a little different but other than that all the other terms have been agreed to. >> Alright. I have a question in the meantime we talked many times with the issues that we've had within a city employee being run off the road after hours with the amount of e-mails and the nature and the volatility and defamatory nature of some of these e-mails. I'd like to push for enforcing the in a particular case and I'm not going to say the person's name right now but I would really like to push for the enforcement in whatever way that we can. Because we gone too far once people are receiving phone calls at their home on the weekends and people are being harassed off-site and people are receiving a number of e-mails that are well outside the norm of somebody to communicate their thoughts and make request. At some point we gotta push back on that, we said we're going to so whatever we need to do. I'd like to move in that direction. That goes going forward as far as I'm concerned, for those of you that were at the volunteer luncheon the other day we had one of our folks that's been to this meeting and used the inward down there cussing and hollering at people who are volunteering their time and a terrible cause in allowing us to progress is going to invite more of it and I would like to put her foot down hard when it comes to people abusing that right. >> Mayor, we can meet with the chief as to one aspect in the city clerk we have talked briefly about it to get a standardized response and I think were getting request and affected about the public records throughout the city and one standard of response we received your public records request and we will get to it as soon as reasonable when the city can't stop working just respond to a public records request and then will follow all those provisions. I talked to the city clerk about that and we will meet with the city manager prepare that so we have that standardize which hopefully will help us we also need to make sure that were very clear on our response that we can respond to public records but were not answering questions during a public records request and I think there has to be a way to be adamant about that if we have consistency in that. There provisions if people feel were not adhering to the public records request there is a consolatory avenue that you can pursue but you are right we have been dealing with behavior that has been very frustrating for the city to respond. I constantly look at seeing whether there is any new legislation or court rulings that would help but they are still pretty open on those areas but there are areas that we can work on and we will do that. >> 99% of people in reasonable have the ability to disagree and maintain a quorum and be respect to the person you're talking to and then you have a very few bad apples that is flat-out unkind, intrusive, the tone is to be mean. >> Of somebody is defamatory or along those lines then that may not be a public records request, that is a reenactment somebody is sending so-so store have to be looked at as public records request we may end up in court with the judge to show them that this is what were requesting judge how do you want us to do with this. >> I would be more than happy. >> We can process a declaratory action asking the court to look at this they are supposed to be fairly quick hearings on those because of the provision withholding public records to make a decision relatively quickly on that so we can bring the and will work on those issues. >> My concern with the city manager said it many times we have a responsibility to provide a safe work environment ask There points where we can push harder for that line and there's a set of rules that we have to live elected officials is different than our employees. >> We are bringing a proposed ordinance to you in the next couple of months regarding safety issues. The issue with that is creating public forum areas inside the city government areas, for example at the finance department individuals just can't come in and make threatening comments were feel that it is free speech. If you declare as a nonpublic forum they don't have the right to do that obviously here during your meetings is always public forum and sidewalks are always a public forum when people protest and there are other areas that are considered public forum but that doesn't give people a right to stop the city's ability to do their services. That is something we're going to prepare to bring you, several of my clients another municipality that already adopted this. >> Sam, are you thinking more e-mails or people in person. >> I just use examples of the arrest that took place outside of volunteer lunch and someone running our employees off the road several months back after hours and the e-mails. I'm talking about using as an example of the variety of unreasonable actions. >> There different stages of things that we can do but definitely the one that we hear about all the time in the newspaper around the country we're trying to make sure that we protect. >> As we spoke about last year's e-mails, verbal abuse of council members as council members being verbally abused . It is a fine step between the e-mail or verbal altercation. These are still acts and behaviors that put me in a position as we spoke before having to judge discern what is my responsibility to protect the employee versus the behavior the elected officials in the amount of criticism and have a criticism is delivered we are expected to tolerate part of the job up to a point but a regular day-to-day employees to feel the workplace is made toxic by people that just to understand how to treat another human being with the answer respect previous whatever we can do to curb that, I'm in favor. >> Even as elected officials are not subject to defamatory comments, the truth is defense to anything but on the same token there is more that is expected maybe from criticism but not defamation in the allegation of criminal activity or things along those lines, you should not be subject to those situations and that's when you can also be removed from being a public meeting if they won't cooperate or ultimately other discussions of things that can be done. >> Thank you so much. >> City clerks reports back to report mayor. >> That brings a stricken set agenda. >> Adam five a consider approval of the council meeting minutes of March 7, 2023, Item 5B resolution 2023-29 I resolution appointing a Trustee to the Gulfport in providing for a term of appointment. 5C resolution 202330 I resolution authorizing the change in the facility signatures for the city. Item 5D resolution 2023-31. Resolution of the city of Gulfport Florida authorizing the city manager to sign a managed services agreement with my TSC LLC due to the dissolution of CompuCom's managed services government and smal