Gulfport City Council Meeting – November 1, 2022

The Gulfport City Council met on Tuesday, November 1, 2022, at 6:00 PM in Gulfport City Hall. The meeting lasted over three hours, concluding after 9:00 PM. Key actions included first-read approval of three ordinances to vacate portions of Beach Drive (a never-built street), second-read approval of three pension-related ordinances, and a lease agreement with the Gulfport Historical Society. Public comment featured concerns about code enforcement, neighbor disputes, and homeless encampments.

Presentation

• Halloween Decoration Contest Winners: The commercial theme was won by Gulfport Beach Bazaar (absent). The general theme winner, Dana Paplinski, was present and congratulated.

Public Comments & Testimony

• Jonathan Robert (1012 Fremont St.): Expressed frustration with a neighbor, Mr. Daniel Donalley, alleging abusive and violent behavior. He stated that despite multiple police calls, the Gulfport Police Department was unhelpful. He noted that a Pinellas County judge had issued an injunction against the neighbor on behalf of four neighbors. He urged the city to enforce code violations on the neighbor's property.
• Kieran Love (23rd Ave. S.): Thanked the council for deciding to hire another code enforcement officer. Asked about the status of the tennis courts (said to be finished March 2022, but still not done after 5-6 weeks) and raised concerns about homeless encampments, including a man at pavilion #3 who threatened her life and another at 26th Ave. & Beach Blvd.
• Ingrid Bredenberg (2701 56th St. S.): Represented Gulfport Votes 100%, encouraging voter turnout for the November 8 election (targeting 88% from 2020). Invited citizens to a "Finding Common Ground" town hall on November 14, co-produced with Councilmember Thanos.
• Margaret Tover (59th St.): Questioned utility rate anomalies for empty lots on standby and asked about correction of billing errors.
• Ilean Navarro (58th St.): Asked for progress on installing Wi-Fi at the Catherine Hickman Theater, noting it was in the budget a year ago.
• Paul Herman (44th St.): Opposed the Beach Drive vacation, presenting a petition with 25 signatures from the two-block area and 67 online signatures. Argued the right-of-way was dedicated to the public, that the city's comprehensive plan prohibits diminishing public shoreline access, and that vacation would set a bad precedent.

City Manager Report

• Wi-Fi: Equipment for the theater and other facilities is on backorder; installation will proceed once delivered.
• Tennis/Pickleball Courts: Contractor is still on the job; a better timeline will be provided after checking with staff.
• House at 26th Ave. & Beach Blvd.: Police determined the person camping there is a family member of the property owner.
• Veterans Day Parade: Sunday, November 6 at 11:00 AM.

Consent Calendar

• Minutes of October 4, 2022: Approved unanimously (5-0).

Discussion Items

1. Beach Drive Right-of-Way Vacations (Ordinances 2022-13, 2022-14, 2022-15) – First Reading

Three separate ordinances to vacate segments of Beach Drive (a platted but never-built 50-foot-wide right-of-way, now mostly submerged and overgrown with mangroves) were considered. Planning & Zoning Board had recommended approval with conditions: a 10-foot utility easement for water/sewer lines, a hold harmless indemnity agreement, and restrictions prohibiting development and requiring a living shoreline.

• Planning staff (Mike Taylor) explained the process and noted that the city has no plans to build a road there.
• Applicant attorneys and property owners (Meredith Delcamp for Tanya Foray; Emily Lumsden; Jimmy Neviker) argued that Beach Drive has been de facto private for over 100 years, is largely eroded, and that vacation would preserve the status quo, protect privacy, and allow continued stewardship by the owners. They contended the plat did not dedicate the land as a road, only the riparian rights.
• Opponent Paul Herman and his spouse Steve Antinson argued that the land was dedicated to the public, that the city's comprehensive plan requires maintaining shoreline access, and that vacation would violate charter Section 103 (requiring referendum for sale/alienation of beach access lands).
• City Attorney noted an ongoing lawsuit by Mr. Herman (seeking declaratory judgment on public/private access) but stated no court had enjoined the proceedings.
• Council discussion centered on conditions, the potential for a referendum, and whether vacation sets a precedent.
• Votes: All three ordinances passed 4-2 (Councilmembers Thanos and Ray voting no, with Brown, Ferdovich, Henderson, and Mayor in favor). Second reading and public hearing set for November 15, 2022.

2. Pension Fund Amendments (Ordinances 2022-09, 2022-10, 2022-11) – Second Reading & Public Hearing

Three ordinances amending the Firefighters’ Retirement Pension Fund, Police Officers’ Trust Fund, and General Employees’ Pension Plan. City Manager had no additional comments. All passed unanimously (5-0).

3. Lease with Gulfport Historical Society (Ordinance 2022-12) – Second Reading & Public Hearing

Authorized a five-year lease for the Historical Society to use two city buildings (Briar Hall and the History Center). The society pays for insurance, internet, and phone; the city pays utilities and lawn maintenance. The lease includes an automatic renewal by exchange of letters. Passed unanimously (5-0).

Key Outcomes

• Votes on Beach Drive Vacations (3 ordinances) : Approved 4-2 each (Thanos and Ray dissenting). Second reading scheduled for November 15, 2022.
• Votes on Pension Amendments: All three approved unanimously (5-0).
• Vote on Historical Society Lease: Approved unanimously (5-0).
• Referendum Discussion: Council discussed but did not commit to putting the Beach Drive vacation to a referendum under Charter Section 103. Staff will provide additional information on the BCYC (Boca Ciega Yacht Club) lease proposal for a future council discussion targeted for resolution by January 2, 2023.