Gulfport City Council Meeting - November 1, 2022

The Gulfport City Council met on Tuesday, November 1, 2022, at 6:00 PM. The meeting opened with a presentation for the Halloween Decoration Contest winners, followed by public comment on neighborhood disputes, code enforcement, and park facilities. The primary focus of the evening was the first reading of three ordinances to vacate the unbuilt right-of-way known as Beach Drive along Clam Bayou, which resulted in a 3-2 vote in favor. The council also unanimously approved second readings for several pension plan amendments and a lease agreement with the Gulfport Historical Society.

Consent Calendar

• Council unanimously approved the meeting minutes from October 4, 2022.

Public Comments & Testimony

• Jonathan Robert (1012 Fremont St): Described an ongoing conflict with a neighbor, stating he obtained an injunction for harassment. He criticized the police response and asked the city to enforce code violations on the adjacent property.
• Kieran Love (23rd Ave S): Thanked the council for hiring another code enforcement officer. Questioned the status of the tennis and pickleball court renovations, which she stated were expected to be complete in March 2022 but have been stalled for five to six weeks. She also raised concerns about homeless encampments.
• Ingrid Bredenberg (Gulfport Votes 100%): Encouraged voting and promoted an upcoming town hall event focused on finding common ground post-pandemic and post-hurricane.
• Margaret Tover (59th St): Asked about disparities in utility standby rates and inquired about the process for correcting billing errors.
• Lean Navarro (58th St): Asked about progress on installing Wi-Fi at the Catherine Hickman Theater.

Discussion Items

Beach Drive Right-of-Way Vacation (Ordinances 2022-13, 2022-14, 2022-15)

The council conducted the first reading and public hearing for three ordinances seeking to vacate a 50-foot-wide right-of-way known as Beach Drive. The parcels, located along Clam Bayou, have never been improved as a road and are largely submerged or covered in mangroves, having been treated as private backyards for decades. The Planning and Zoning Board had recommended approval with conditions, including a 10-foot utility easement and a covenant prohibiting development to maintain a natural shoreline.

Applicant Arguments: Attorney Meredith Delcamp (representing applicant Tanya Foray) argued the 1913 plat did not contain express language dedicating Beach Drive to the city as a road, only the riparian rights. She argued the dedicated use was specifically a road, which is now impossible, and that vacating the land codifies the status quo. Emily Lumsden, another applicant, stated her property line is only 12 feet from the easement and that public access would pose a significant safety risk to her family. Jimmy Neveker, a 30-year resident, noted the easement is just feet from his bedroom and expressed desire for privacy. They all expressed willingness to agree to the preservation conditions.

Opposition Arguments: Neighbor Paul Herman, who has a pending lawsuit against the city, argued the property was dedicated to the public and that vacating it violates the city's Comprehensive Plan, which he stated mandates that shoreline access not be diminished. He cited City Manager O'Reilly's sworn testimony that Beach Drive provides public access. He characterized the issue as a matter of public principle and argued the decision must ultimately go to a public referendum.

Council Deliberation: Councilmembers Thanos and Ray voiced opposition, citing concerns over setting a precedent and giving away waterfront property. A debate occurred regarding a potential public referendum under Charter Section 103. The City Attorney advised that a referendum was a possible path but was not strictly required by the charter if the land did not meet the specific definitions of park, beach, or recreational lands, which he argued it did not. The council ultimately decided to proceed with the vote. The City Attorney noted a related lawsuit was active but that no court had issued an injunction preventing the city from moving forward.

Key Outcomes

• Beach Drive Vacation (First Reading): The council voted 3-2 to approve the first reading of all three ordinances (2022-13, 2022-14, 2022-15). Voting yes: Vice Mayor Brown, Councilmember Ferdovich, Mayor Henderson. Voting no: Councilmember Thanos, Councilmember Ray. The second reading and public hearing is scheduled for November 15, 2022. A pending court case over the property remains active.
• Pension Plan Amendments (Second Reading): Unanimously approved with final passage:
  • Ordinance 2022-09 (Firefighters' Pension Fund)
  • Ordinance 2022-10 (Police Officers' Trust Fund)
  • Ordinance 2022-11 (General Employees' Pension Plan)
• Gulfport Historical Society Lease (Second Reading): Unanimously approved Ordinance 2022-12, authorizing a 5-year lease agreement for city facilities.
• BCYC Lease: Council discussed the Boca Ciega Yacht Club lease proposal. The city manager was directed to provide the latest proposal to council members prior to the December 6th meeting, with a goal of reaching a resolution by January.
• City Manager Report Updates:
  • The tennis and pickleball court contractor is still active, and an updated timeline will be provided.
  • Wi-Fi equipment for the Catherine Hickman Theater remains on backorder.
  • The individual at the house on 26th Ave and Beach Blvd was determined to be a family member of the property owner.