Gulfport City Council Meeting – January 7, 2025: Hurricane Recovery, Permitting Crisis, and Ethics Referral

The Gulfport City Council held a regular meeting on Tuesday, January 7, 2025, at 6:00 PM at City Hall. The meeting was dominated by public outcry over the slow pace of recovery from Hurricanes Helene and Milton, particularly regarding building permits and substantial damage determinations. A significant portion of the meeting also dealt with an ethics investigation into Councilmember Thanos for alleged charter violations. The council unanimously approved consent items and eight resolutions, mostly related to hurricane recovery contracts, and referred the ethics matter to the Florida Commission on Ethics.

Consent Calendar

• Meeting Minutes: Approved minutes from the December 17, 2024 meeting.
• Resolution 2025-01: Authorized the City Manager to expend funds for annual consulting services from Milestone Professional Services, Inc. for the city's audit.
• Resolution 2025-02: Authorized the City Manager to expend funds for annual audit services with Forvis Mazars, LLP (formerly MSL, P.A.).
• Resolution 2025-03: Authorized a one-year agreement with Sweeping Corporation of America (SCA) to sweep curbed streets.

Public Comments & Testimony

Residents voiced intense frustration over the prolonged displacement and unclear permitting process following the hurricanes. Key points included:

• Francine reported a successful Operation Santa program helping 90 families and 300 children, thanking the community.
• Kelly (56th Street resident) noted damaged brick roads on the agenda and awaited discussion.
• Paul Raker (OUT Arts & Culture President) provided an organizational update, including a successful speakout dialogue and a $2,000 scholarship award. He announced the upcoming ReadOUT literary festival (Feb 14-16).
• Ed Benson (57th Street South) thanked city staff for a productive meeting but demanded action on building permits, stating: "I'm demanding you all take action and do something to help our affected residents. Get these damn building permits issued."
• Karen Goldberg (Marina District) reported being displaced for 103 days. She criticized the permit process as "abominable and unacceptable," noting her application was submitted over two months prior. She asked when qualified applicants would receive non-substantial damage letters and requested a more efficient process.
• Deb Atkins (27th Ave South) commended city staff (Mr. O'Reilly, Mr. Stryker, Katie) for their courtesy but expressed frustration over delays. She urged the council to adopt "option two" for substantial damage determinations, allowing applicant-supplied cost of repairs and market value appraisals, citing FEMA's own desk reference as allowing this.
• Peggy Bach (Coronado Way South) described being out of her home for four months. She applied for a standalone hot water heater permit on December 16 but had been waiting three weeks with no explanation. She noted the rules changed on December 19, adding 27 new pages to the permit packet.
• Wolfgang Dininger (Beachway Park) reported that 700 pounds of trash were collected in five beach cleanups co-hosted by Keep Pinellas Beautiful, coordinated with city staff.
• Marlene Shaw (58th Ave/23rd Ave South) requested updates on the number of substantial damage letters issued to homeowners and businesses, the status of repairs to the casino, rec center, and marina, and the timeline for the 49th Street district redevelopment.
• Charles Gale (Avalon/Town Shores) expressed shock at the delays, noting he had been living out of a suitcase for three months and considering relocating to Slovenia. He pleaded for expedited permits, highlighting limited FEMA assistance.
• Kathy Fabritus (Coronado Way) asked if permit fees were holding up the process, noting she saw a $2,174 figure. The mayor clarified that permit fees are waived through March.
• Karen Love (23rd Ave South) raised multiple questions: who is the floodplain manager, who decided the city would follow FEMA option one over option two, and why option two isn't being adopted. She asked if any emergency permits (water heaters, HVAC, electrical) have been issued.
• Bob County (short comment) acknowledged past council successes but pleaded for transparency on why the city cannot act faster, asking if "federal handcuffs" are the cause.

Discussion Items

• Councilmember Thanos Investigation and Referral to Ethics Commission:

  • City Attorney Salzman presented findings from an investigation into whether Councilmember Thanos violated Charter Section 305, which prohibits council members from directing or requesting the appointment or dismissal of employees, and mandates communication with employees only through the City Manager except for inquiry.
  • The attorney reviewed voluminous emails and identified instances where Councilmember Thanos directed city employees (e.g., Chief Vincent, Tom Nichols) without copying the City Manager, which he deemed a violation of the charter and potentially Section 112 of the Code of Ethics.
  • Options presented included: a policy correction, referral to the State Attorney (unlikely to act), referral to the Governor, or referral to the Florida Commission on Ethics. The attorney recommended the Ethics Commission for an independent review.
  • Councilmember Thanos contested the severity, arguing that many communications were informational or about safety issues.
  • Mayor Henderson expressed frustration, stating the charter rules are not hard to follow and that the council should not be distracted from hurricane recovery.
  • Councilmember Brown made a motion to refer the matter to the Florida Commission on Ethics (and the Governor's office). Councilmember Thanos objected to including the Governor for political reasons.
  • The council voted on the motion as amended (Ethics Commission only). The vote was 4-1-0 (Councilmember Thanos dissented), directing the City Attorney to submit the matter to the Commission on Ethics for an independent investigation.
  • The council also agreed to revisit the charter language for possible amendment via referendum to clarify enforcement provisions.

• City Manager's Comments on Permit Delays:

  • City Manager O'Reilly defended the pace of recovery, stating that the city is "tied to federal rules" (FEMA/National Flood Insurance Program). He reported that 233 substantial damage letters have been issued (110 substantially damaged, 123 not substantially damaged).
  • He stated that the city has issued 427 permits since September 27, with 234 under review out of 637 submitted.
  • He warned that adopting "option two" without documented clearance could jeopardize the city's standing with the National Flood Insurance Program and require retaining a new building official.
  • He acknowledged the process "sucks" but insisted there is no "magic wand" and that the city is working within constraints.

Key Outcomes

• Ethics Investigation: The City Council voted 4-1 to refer the investigation of Councilmember Thanos to the Florida Commission on Ethics for an independent review, taking the matter out of the council's hands.
• Consent Agenda: Approved unanimously.
• Resolution 2025-04 (OUT Arts & Culture Special Event): Approved unanimously for the LGBTQ+ literary festival (ReadOUT) on February 14-16.
• Resolution 2025-05 (Williams Pier Damage Inspection): Approved unanimously. $14,000 contract with Stantec for engineering evaluation following hurricanes.
• Resolution 2025-06 (Brick Roadway Repairs): Approved unanimously. $56,640 contract with Leal Florida Tile and Brick Pavers for repairs on 56th Street and 27th Avenue, expected to start by the end of the week.
• Resolution 2025-07 (Beach Restoration Engineering): Approved unanimously. Scope of service contract with George F. Young, Inc. for design, permitting, and construction monitoring of the Gulfport Beach Restoration Project. The council discussed that the beach must be restored to pre-storm condition for FEMA reimbursement, but separate improvements (e.g., kayak launch) could be added as a separate project.
• Resolution 2025-08 (Wood Ibis Drainage Study): Approved 4-1 (Councilmember Brown dissented). $28,000 preliminary engineering report for drainage study of Wood Ibis and surrounding area. The project was expedited ahead of the comprehensive watershed study.
• Resolution 2025-09 (Emergency Debris Removal Payment): Approved unanimously. Payment to Phoenix Pollution Control for Hurricane Helene debris removal using roll-off containers.
• Resolution 2025-10 (Portable Toilets Payment): Approved unanimously. Payment of $1,596 to Servpro Industries for emergency portable toilets/hand washing stations at city-owned buildings.
• Resolution 2025-11 (Emergency Sewer Line Repair): Approved unanimously. Contract with Atlantic Pipe Services, LLC for open-cut sewer line repair on 59th Street (near 23rd Avenue), piggybacking on an existing contract.
• Town Hall on Permitting/Recovery: Council agreed to invite a FEMA or flood insurance representative to conduct a town hall in a larger venue (e.g., Hickman Center) to explain the federally-mandated recovery process, addressing misinformation and delays. Scheduling to be arranged.
• Debris Pickup at Lincoln Cemetery: Council agreed to allow the cleanup contractor to place storm-generated debris from Lincoln Cemetery at the curb for city pickup.
• Alley Repairs: Councilmember Ray requested concentrated efforts to level alleys damaged by fallen trees. City Manager to follow up.
• Pothole Repairs: Council noted potholes on 59th Street (Boca Ciega High School area and near Lincoln Cemetery) and a non-flashing school crossing light; temporary patching and county coordination requested.