TAMPA CITY COUNCIL
Thursday, January 21, 2010
9:00 a.m. Session
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09:03:17 >>THOMAS SCOTT: Tampa City Council will now come to
09:03:18 We have Mr. Allen Snell, I believe, will be doing the
09:03:25 Please all rise.
09:03:26 Everybody remain standing for the pledge of allegiance.
09:03:29 >>> Anything that we deem holy so that we who attend
09:03:41 this legislative forum can make our city a better place
09:03:44 to live and a safer place to walk or ride a bicycle.
09:03:48 May we embrace the diversity of our city and respect
09:03:51 our differences so that we congregate here as one in
09:03:55 the spirit of the Jeffersonian sense of town hall, that
09:04:00 we work so sacredly.
09:04:07 Let's have a glorious government meeting in the spirit
09:04:10 of making our city a better place and a place where we
09:04:13 can be proud to be calling home.
09:04:15 (Pledge of Allegiance).
09:04:37 >>THOMAS SCOTT: Roll call.
09:04:37 >>JOSEPH P. CAETANO: Here.
09:04:43 >>GWEN MILLER: Here.
09:04:44 >>CHARLIE MIRANDA: Here.
09:04:46 >>THOMAS SCOTT: Here.
09:04:50 Okay, we have on our agenda the ceremonial item.
09:04:55 >>MARTIN SHELBY: Mr. Chairman, if we can, before you
09:04:58 do that, I the council's indulgence but a motion to
09:05:02 adopt the minute of the regular session held on January
09:05:04 2nd, 2010.
09:05:06 >>GWEN MILLER: So moved.
09:05:08 >>THOMAS SCOTT: Moved and seconded.
09:05:10 All in favor?
09:05:12 We have a ceremonial item.
09:05:17 Tonja Brickhouse, director of solid waste.
09:05:19 >> Good morning, councilman Scott, council members.
09:05:25 I am excited and honored to be here today to present to
09:05:28 you the top ten percenters from our participation pilot
09:05:35 that we had going as it related to our grant to give
09:05:43 more participation in urban environment.
09:05:45 So I would ask Gina stokes our recycling coordinator
09:05:50 and our consultant to bring our top ten percenters up.
09:05:56 While they are coming up, I just want to give a little
09:05:59 background on the grant and what this represents.
09:06:02 Basically what we had, in 2006, a D.E.P. grant focused
09:06:09 on increasing recycling and identifying participation
09:06:13 areas in recycling in an urban environment.
09:06:16 Some of the goals were basically identified, and then
09:06:19 increased recycling rates.
09:06:22 We did research first, for the first couple years of
09:06:24 the grant, and if you all would come behind.
09:06:29 That would be good.
09:06:30 We did research first.
09:06:31 And then we concluded with the last quarter of last
09:06:34 year doing a recycling pilot.
09:06:36 The areas that were targeted were north Sulphur Springs
09:06:40 and the Belmont Heights area.
09:06:41 So we have here today representatives from the top ten
09:06:46 percent, well over 62 households that ended up in the
09:06:49 top two percent so we have about eight represented here
09:06:54 Don Andrietta, Bernard Bailey couldn't be here,
09:06:58 Virginia Griffith, Kathy Koontz, Paul and Kathleen
09:07:04 Niles, Andrea Moore, and Frederick Zola are all here
09:07:09 Basically, what they did was we had an educational
09:07:11 campaign to target those areas.
09:07:15 We had to track recycling, set out rates in those
09:07:18 areas, the solid waste collected all the information,
09:07:23 and in addition to that we had several sponsors, and I
09:07:26 want to identify the community partners that helped
09:07:28 with this.
09:07:29 St. Pete Times Forum, MOSI, Anheuser-Busch recycling,
09:07:34 Busch Gardens, Gasparilla and EventFest, Tampa
09:07:37 Convention Center, and of course the Gasparilla
09:07:40 distance classic.
09:07:41 Each one of these winners will receive tickets and gift
09:07:46 cards that have been donated by the sponsors or our
09:07:51 community partners in this event.
09:07:53 In addition to that they will also get ecotours, so if
09:07:57 they go to Busch Gardens they will get ecotours as it
09:08:00 relates to what they do in recycling.
09:08:02 But I felt it important as we work towards achieving
09:08:05 the statewide goal of 75% for recycling rates, I felt
09:08:10 it appropriate to have them come and give them public
09:08:13 recognition and applaud their efforts.
09:08:16 So I just want to applaud their efforts for increasing
09:08:19 participation in recycling here in the city.
09:08:22 The things that we did, in some areas we put 65-gallon
09:08:30 carts in.
09:08:31 In some areas we put blue boxes in, just to see if we
09:08:34 move to carting our recycling and getting away from the
09:08:39 blue boxes to see if that was going to help the
09:08:42 participation rate.
09:08:43 And as I personally went out to some of the pilot
09:08:46 locations and actually looked at what was going on, we
09:08:48 had pretty much good solid recycling materials in the
09:08:56 So the concern was we might get some condemnation.
09:09:01 But what I found in my sporadic inspections was, no,
09:09:04 not the case.
09:09:06 You educate people, you give them the stuff, and they
09:09:08 will comply and do.
09:09:11 So I applaud each of you for the fine job you have done
09:09:15 in supporting this recycling pilot and I look forward
09:09:19 to expanding in the city.
09:09:21 So if we could give them a round of applause.
09:09:23 [ Applause ]
09:09:36 >>GWEN MILLER:
09:09:40 >>THOMAS SCOTT: Councilwoman Saul-Sena.
09:09:42 >>LINDA SAUL-SENA: I'm pleased to see we are moving
09:09:43 ahead with recycling and I know you are going to be
09:09:46 coming back to us in February with the results of how
09:09:48 the study is going.
09:09:52 I would like to move that you provide a written report
09:09:55 in February so that we can gauge how well we are doing.
09:09:59 >> I look forward to being able to do that when we get
09:10:05 all the results in, in addition to the results of the
09:10:08 pilot I want to give you a written report on the other
09:10:10 things that we are doing in terms of expanding
09:10:12 recycling in the city, as we speak now, I'm in
09:10:17 discussions with the Tampa Sports Authority and the
09:10:19 Tampa Bay Buccaneers in looking at expanding recycling
09:10:24 in Raymond James.
09:10:26 So there's a lot going on.
09:10:28 So I look forward to providing the report in February.
09:10:30 >>LINDA SAUL-SENA: Thank you.
09:10:32 Also, I know that you are trying to work with some
09:10:36 We had a number of apartments and condos interested.
09:10:39 Tell us how that's going.
09:10:40 >>> Right now we have replied again for the D.E.P.
09:10:42 grant focused on recycling and multi-family residence.
09:10:47 We have not gotten the result of the approval of that
09:10:50 grant yet.
09:10:50 But that's what we are doing.
09:10:52 In addition to that, there's some private companies
09:10:54 that may be able to help in this effort.
09:10:57 But it will have to be a partnership with the property
09:11:01 managers at the multifamily units, and some other
09:11:05 So we are exploring other ways to get recycling going,
09:11:10 expanded in multifamily.
09:11:13 >>LINDA SAUL-SENA: Do you have the staff to do that?
09:11:16 Or do you need -- interns?
09:11:20 >>> It's interesting you ask that.
09:11:21 We have been partnering with USF in terms of looking
09:11:24 for other ways to get resources.
09:11:28 So we have relationships with USF as it relates to
09:11:31 interns, but also this week, our grant will give us
09:11:36 some resources to continue to be able to use
09:11:38 organizations like the consultants in dealing with me
09:11:44 to give us the human resources to be able to put
09:11:46 together a real good program.
09:11:48 >>LINDA SAUL-SENA: And when will we hear about the
09:11:52 >>> I can't remember the time line.
09:11:55 I'll get back to you on when we expect to hear back on
09:11:57 the grant.
09:12:03 Marian is telling me 60 to 90 days.
09:12:06 Hopefully before June is my desire.
09:12:09 But there's a lot going on with recycling.
09:12:11 This is just the tip of the iceberg.
09:12:13 >> And will Gasparilla be green this year?
09:12:16 >>> Absolutely.
09:12:17 In fact, we are placing 400 recycling containers out
09:12:22 with the children's parade, and also with the adult
09:12:26 parade as a well.
09:12:27 So absolutely.
09:12:28 And we are also going to do the distance classic as
09:12:32 Anheuser-Busch is one of the sponsors helping us with
09:12:35 the recycling containers.
09:12:37 We will have booths with educational materials.
09:12:42 We will have it covered, yes.
09:12:43 >>THOMAS SCOTT: Thank you all very much, too.
09:12:46 >>LINDA SAUL-SENA: I would like to make a motion that
09:12:48 we get a report back in the second meeting in February.
09:12:53 Move we get a regular report on the results of the
09:12:55 study, the second council meeting in February.
09:12:58 >>THOMAS SCOTT: Moved and seconded.
09:13:00 All in favor?
09:13:02 We'll review our agenda now.
09:13:04 Mr. Shelby.
09:13:04 >>MARTIN SHELBY: Good morning, Mr. Chairman, members
09:13:07 of City Council.
09:13:08 You have the addendum to today's agenda.
09:13:10 Very briefly, item 77, the ordinance being presented
09:13:15 making provisions to code provisions for water
09:13:18 conservation, you have a request to have that
09:13:20 That's under staff reports.
09:13:23 Item 79, a report regarding the existing barbed wire in
09:13:29 City of Tampa buildings.
09:13:30 The request is being made by urban league to reschedule
09:13:33 that to February 4th, 2010, under staff reports.
09:13:37 Item 82, a memorandum from Cynthia Miller requesting a
09:13:41 postponement to February 18th regarding an update
09:13:44 on the TECO franchise agreement.
09:13:46 Also placed under staff reports.
09:13:49 The 1:30 item, item 84, file C-10-01, regarding the
09:13:55 vacating a portion of Westshore is a request by the
09:14:01 legal department to substitute that ordinance for first
09:14:06 A note for those who may be wanting to attend meetings
09:14:11 this afternoon, hearings, item 85 C-10-02, a public
09:14:16 hearing on the Port Authority to vacate rights-of-way
09:14:21 cannot be heard.
09:14:22 The affidavit has not been filed.
09:14:24 Therefore there will be no hearing.
09:14:25 The same with item 86 on an SU-2 sale of alcoholic
09:14:29 beverage at north 22nd street, that also cannot be
09:14:32 heard, no affidavit is filed in that as well.
09:14:35 And I am not aware of any on the changes to the agenda,
09:14:40 Mr. Chairman.
09:14:40 I present it to the council for your approval.
09:14:42 >>LINDA SAUL-SENA: Mr. Chairman, on item 82, I just
09:14:45 had a concern, and that is that Ms. Miller has asked
09:14:50 for a number of things to be lumped in under this
09:14:52 report from Thom Snelling, and I just want to make sure
09:14:55 that we give ourselves enough time to really understand
09:14:59 all the things that are going to be heard.
09:15:02 And most specifically, when we get to this report on
09:15:06 February 18th, the city, when we discuss the
09:15:11 franchise agreement, said that there was no current
09:15:14 mechanism for keeping track of when lights are out and
09:15:18 to make sure we are not paying for electricity that's
09:15:21 not being used, and we needed to create a better system
09:15:24 for monitoring their service to us.
09:15:29 That was identified a year ago when we went through the
09:15:32 franchise agreement.
09:15:33 And I'm not aware that we have created a system.
09:15:35 So I would like a report specifically on that when we
09:15:40 have this on February 18th, whether we have
09:15:43 developed a mechanism for monitoring outages and
09:15:47 monitoring maintenance.
09:15:50 There was no -- we recognize that this needed to happen
09:15:58 but there hadn't been an administrative structure
09:16:01 And I'm very interested in this, if they could get that
09:16:04 particular thing to council prior to February 18th
09:16:07 rather than showing up that day, and we'll have a
09:16:10 chance to better understand it.
09:16:11 >> (off microphone) that was brought to my attention by
09:16:26 the clerk.
09:16:26 On item 88, set for an appeal hearing this afternoon.
09:16:30 But that cannot be heard.
09:16:31 So item 88 set for 1:30 on the petition of the Acropoli
09:16:38 si concerning the Barrio Latino, that will have to be
09:16:41 opened to allow petitioner to effect the record but
09:16:45 petitioner will not be here at that appeal hearing
09:16:48 >>THOMAS SCOTT: Let me suggest we move to approve the
09:16:50 agenda with changes.
09:16:51 Then Mrs. Saul-Sena, you have another request on your
09:16:57 >>MARY MULHERN: I just have one thing to highlight on
09:17:03 item 37.
09:17:04 >>THOMAS SCOTT: Okay.
09:17:07 Any other item need to be pulled?
09:17:09 Motion to approve the agenda?
09:17:11 >> So moved.
09:17:12 >> Second.
09:17:13 >>THOMAS SCOTT: Moved and seconded.
09:17:15 All in favor?
09:17:17 Ms. Saul-Sena.
09:17:17 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.
09:17:19 On item 82 when it comes back on February 18th, I
09:17:22 would like specific information provided in advance to
09:17:24 council on a mechanism for monitoring compliance by
09:17:28 TECO with the city's expectations in terms of outages
09:17:32 and maintenance.
09:17:32 >> Second.
09:17:35 >>THOMAS SCOTT: Moved and seconded.
09:17:36 All in favor?
09:17:42 Council has set aside 30 minutes for public comment
09:17:45 giving precedence first to items that are on the
09:17:47 So if you are here to speak on items on the agenda
09:17:51 first, you may line up and come forward at this time.
09:17:53 Line up and come forward.
09:17:54 >> Good morning.
09:18:00 It is an agenda item.
09:18:01 It's the invocation.
09:18:04 This is about council's practice of public prayer,
09:18:07 which is an issue for me because I'm an atheist.
09:18:10 >>GWEN MILLER: Excuse me, you need to state your name,
09:18:12 >> I'm sorry.
09:18:13 John Keifer.
09:18:14 I'm a resident of Tampa.
09:18:16 It's an issue for me, this invocation thing, because
09:18:19 I'm an atheist.
09:18:20 I don't find anything holy or sacred.
09:18:23 I don't believe in any higher power.
09:18:25 Let me share with you when I became an atheist.
09:18:28 It was in 1970 as an infantry soldier in Vietnam in
09:18:32 This atheism that answers all my questions of concerns
09:18:36 and provides peace and tranquility on the battlefield.
09:18:40 It was certainly serendipitous that I found risking my
09:18:45 life while defending the United States Constitution for
09:18:48 you and for me.
09:18:48 Fast forward 40 years 2010.
09:18:50 I reside in Tampa.
09:18:52 I bring a secular issue to the City Council for its
09:18:54 consideration, zoning use issue.
09:18:58 First, you make me have to deal with your public
09:19:02 religious ritual, the invocation of public prayer.
09:19:04 Here I am as an atheist, and at City Council meeting I
09:19:07 want you to decide favorably about those zoning issues
09:19:16 to rise for invocation.
09:19:17 I only have two options.
09:19:18 Option one.
09:19:19 I pretend not to be an atheist.
09:19:21 I stand until and tilt my head, yes, I pretend. I'll
09:19:26 blend in and won't be noticed as a religious outsider.
09:19:29 Option two.
09:19:30 I stay true to myself and not pretend.
09:19:33 I stay seated and as such I am surely identified as
09:19:36 someone who doesn't pray, one of those atheists, a
09:19:41 religious outsider.
09:19:42 Those are the only two choices you give me.
09:19:44 Pretend to pray, or not pretend, and stay seated, be
09:19:48 identified as religious outsider.
09:19:51 Do atheists get treated differently than religious
09:19:54 Six years ago I attended one of your City Council
09:19:57 meetings and personally witnessed half of the council
09:19:58 members storm out of the council chambers just as an
09:20:01 invite guest, which was an atheist, was about to
09:20:05 deliver a secular invocation.
09:20:07 So yes, I have experienced disdain and a contempt that
09:20:10 some City Council members hold for atheists like me.
09:20:12 You see, you are government.
09:20:13 You have power.
09:20:15 I am a lone citizen who comes hat in hand asking for
09:20:19 your approval of my request about zoning issues.
09:20:22 I understand that you have this power and you may
09:20:26 decide either to pretend to be religious just to
09:20:30 increase my chances you will use your power in my favor
09:20:33 or sit through the prayer and be identified as a
09:20:36 religious outsider and chant like some of you who
09:20:40 stormed out in 2004 would use your power against me.
09:20:43 That's what this is all about.
09:20:44 And that makes this a civil rights issue.
09:20:55 You cannot pretend to make me religious and you must
09:20:59 use your power directly or indirectly to make me
09:21:01 identify that I am not religious.
09:21:03 Just as I didn't pretend when it came time for me to
09:21:07 risk life and limb for this country and its
09:21:09 Constitution I certainly won't start pretending now so
09:21:11 that I can get some favorable zoning decision.
09:21:14 I fought for America that's way greater than this pet I
09:21:19 religious game that is being played out week after week
09:21:21 by the City Council.
09:21:22 There's only one solution.
09:21:25 In the name of fairness and respect for every Tampa
09:21:27 citizen, please abolish these decisive democrat --
09:21:32 >>THOMAS SCOTT: Thank you, sir, your time is up.
09:21:34 Next speaker.
09:21:36 >>> -- rituals.
09:21:38 Okay, next speaker.
09:21:39 If you all are going to speak, ma'am, excuse me, we ask
09:21:42 you to line up on the wall.
09:21:43 I think this gentleman -- I'll let you go ahead.
09:21:47 But the practice and process is you line up on the
09:21:50 Thank you.
09:21:50 >> Good morning.
09:21:53 Sandra Smith, 1202 speigh drive.
09:22:02 I'm here because I believe in separation of state.
09:22:07 I would like to yield the remainder multifamily I time
09:22:09 to --
09:22:11 >>MARTIN SHELBY: I'm sorry, council rules do not a
09:22:14 allow for that.
09:22:15 It's three minutes per person.
09:22:16 >> Pete Johnson, 301 Druid hills.
09:22:25 I don't know how I got involved in the middle of this
09:22:31 Council, I'm speaking on item number 74.
09:22:34 I want to pass these out.
09:22:41 This has to do with the illuminated signs.
09:22:44 Illuminated signs can be switched on and off like that.
09:22:48 They can be adjusted.
09:22:49 They can be whatever.
09:22:52 So enforcing this ordinance, we are going to have to
09:22:55 come up with a better solution than just the normal "go
09:23:03 through the board" system.
09:23:04 So I suggest we definitely add the sign codes under the
09:23:06 civil citation program.
09:23:09 This will give a little bit more enforcement of a code
09:23:14 that can be switched back and forth to going to the
09:23:19 code board.
09:23:21 That's number one.
09:23:22 Number two.
09:23:25 I have to say for the first time in my life I have ever
09:23:27 been really embarrassed by the Iorio administration.
09:23:31 Several month ago, I got involved in helping a woman
09:23:35 put a roof on her house through the community housing
09:23:40 development program.
09:23:41 We went by their rules, step by step.
09:23:45 They lied.
09:23:47 They cheated.
09:23:49 I had proof of it.
09:23:51 I had to shell out more money of my own personal income
09:23:54 to make the house livable and safe where in their
09:24:00 procedures they have a clause for this.
09:24:04 They denied that.
09:24:05 I ended up going into the hospital for a week with
09:24:08 pneumonia because of work on the damaged drywall.
09:24:13 The black mold got into my lungs.
09:24:17 I was down for 30 days afterwards until I got better.
09:24:25 I have asked for the money that I invested in this
09:24:29 house from the department.
09:24:31 They continuously tell me they don't have any money.
09:24:34 I'm asking that they pay my deductible to the hospital,
09:24:38 and my deductible for my home health care medication,
09:24:42 which is over $1,000, because it is costing me to the
09:24:45 point that today, or this week, I have had to apply for
09:24:50 Medicaid, because I cannot afford the money that this
09:24:56 So I'm extremely upset with the Iorio organization.
09:25:02 I have proof that the people that I have listed in this
09:25:06 letter lied to me, and to the owner and I don't like
09:25:19 this and I would like you to look into why I was lied
09:25:22 to and what the purpose was and what changes have been
09:25:24 Thank you.
09:25:25 I sent a copy of the letter to the mayor for you.
09:25:30 >>LINDA SAUL-SENA: We'll address these at the end of
09:25:32 the 30 minutes.
09:25:33 >> My name is Jason Rodriguez, a resident of district 4
09:25:48 here in Tampa.
09:25:49 My address is 4354 Wallace.
09:25:53 I would like to thank Tampa City Council today for
09:25:56 giving me the opportunity to share my concerns.
09:26:00 While I'm here representing Florida I'm here foremost
09:26:05 as a resident citizen of Tampa to declare my position
09:26:09 on the issue of public prayers and invocations.
09:26:12 These prayers and invocations are unnecessary practices
09:26:15 that infringe on the rights of all citizens, and I
09:26:19 sincerely request to the council that you abolish them.
09:26:24 The only other option is to replace them with a moment
09:26:27 of silence during which each individual may freely
09:26:32 exercise his freedom of conscience.
09:26:34 Now, the following is a justification for my position
09:26:38 and request.
09:26:40 They are just unnecessary.
09:26:42 The council members here do not need them in order to
09:26:44 perform their duties.
09:26:48 They belong in churches rather than at government
09:26:51 In addition, they are irresponsible use of the
09:26:54 council's time and the taxpayers money.
09:26:58 They also violate the principle of separation and
09:27:02 church and the first amendment.
09:27:03 For instance, the council should not have the authority
09:27:06 to determine the guidelines for prayers and
09:27:11 This ruptures the religious freedom of both those
09:27:15 giving the invocations and prayers and those receiving
09:27:19 Even nondenominational invocations ostracize an out
09:27:25 group from an in group.
09:27:27 The council should never accept nor exercise this
09:27:31 And we have seen the discriminatory effects of this
09:27:35 here in the history of this council and across the
09:27:39 On several occasions council members have walked out on
09:27:41 prayers or invocations and made explicitly prejudiced
09:27:44 statements towards the speakers.
09:27:48 This type of discrimination could infiltrate the
09:27:51 negotiations between the council and citizens, and it
09:27:57 could also create unnecessary discord among the council
09:28:02 So this scenario places both the council and its
09:28:06 citizens in a precarious position, and it just opens
09:28:11 the door to religious discrimination.
09:28:15 Now, if the council chooses to continue these
09:28:17 practices, it will also be accepting the impossible
09:28:22 task of accommodating all beliefs.
09:28:27 This is unachievable, and it leads to inevitable
09:28:35 The only way to accommodate all is to accommodate none.
09:28:40 So based on the justifications I have jut lined, I ask
09:28:43 the honorable council members in the name of fairness
09:28:46 and respect to all Tampa citizens, please abolish
09:28:50 government-sponsored prayers at these meetings.
09:28:53 Thanks for your time and consideration.
09:28:54 >>THOMAS SCOTT: Thank you very much.
09:28:55 Next speaker.
09:28:56 >> Good morning.
09:29:02 My name is Frank Powell.
09:29:05 I'm here to support the freedom foundations letter to
09:29:11 Mayor Iorio requesting that the prayers at council
09:29:17 meetings be a abolished.
09:29:19 I'm not sure you realize how degrading it is those of
09:29:25 us without superstition.
09:29:27 The only reason for having prayer is to promote the
09:29:30 predominant religion in the United States which is
09:29:32 Christian Christianity.
09:29:34 Repetition is the primary tool used in religious to
09:29:39 reinforce religious thought and it is especially
09:29:41 effective at large meetings and taking advantage of the
09:29:47 herd effect.
09:29:47 You are going to be singled out if you don't take part.
09:29:52 I feel degraded by having almost everyone else standing
09:29:56 for your prayer, thereby being singled out as the only
09:30:00 one who didn't take part.
09:30:02 It really makes me an outsider, just like being
09:30:07 relegated to the back of the bus before 1964.
09:30:11 Islam requires those to prostate themselves and to pray
09:30:16 five times each day, evenly spaced throughout the day,
09:30:22 lest their thoughts stray.
09:30:25 Christian churches are not as strict as Islam.
09:30:27 Instead they rely on government-sponsored prayers
09:30:31 before events and meetings such as this to do much of
09:30:36 the repetition for them.
09:30:37 Now, there is a better way to open a meeting.
09:30:43 First recommend starting a meeting with some sort of
09:30:45 ceremony instead of prayer, suggesting something
09:30:49 inspiring or words of wisdom, that prayer may be
09:30:54 inspiring but has the opposite effect on others.
09:30:59 Have you forgotten that America has a great diversity?
09:31:03 There are many sources available to find wisdom,
09:31:07 inspiring talks, not offensive to anyone.
09:31:13 Short stories, poetry are good examples.
09:31:15 There is no need for religious message.
09:31:19 May I suggest Tampa City Council adopt that opening
09:31:21 ceremony instead of prayer.
09:31:25 I mistakenly came on Thursday to Planning Commission,
09:31:28 which you were here, there was no invocation or prayer
09:31:34 and the meeting went on just fine.
09:31:36 So why waste your time, and in some people who don't
09:31:40 believe as you do.
09:31:41 So in the name of fairness and respect for every Tampa
09:31:44 citizen I plead for you to do the honorable thing and
09:31:47 abolish government sponsored prayers at these meetings.
09:31:51 Thank you for your assistance.
09:31:56 >> Good morning.
09:31:57 My name is Allen Sesapek, a resident of Tampa, Florida.
09:32:02 I'm sure happy to be here. I won't take up quite three
09:32:06 minutes of your time, but I do feel strongly enough to
09:32:08 come here and tell that you in January of 1974 I
09:32:11 enlisted in the Marine Corps and ended up subsequently
09:32:14 serving for 24 years.
09:32:16 Before they allowed me to reenlist, at each
09:32:20 reenlistment I had to take an oath and that says in
09:32:22 part that I would support and defend the Constitution
09:32:25 of the United States against all enemies foreign and
09:32:28 domestic, and that it will bear true faith and
09:32:31 allegiance to the same.
09:32:32 I'm no longer an active duty marine.
09:32:35 However, that doesn't make my desire, my obligation to
09:32:38 defend the Constitution, you know, any less valid or
09:32:42 any less important, and that's what brings me here
09:32:44 today, because any separation of church and state is in
09:32:47 support and in defense of our Constitution.
09:32:50 Regardless of your personal beliefs, or how you may
09:32:54 feel about it.
09:32:57 Honorable council members, in the name of fairness and
09:32:59 respect for all of Tampa's citizens, I'm asking that
09:33:02 you abolish these government-sponsored invocations at
09:33:05 these government meetings.
09:33:06 And I thank you very much for your time and attention.
09:33:08 >>THOMAS SCOTT: Thank you.
09:33:11 Next speaker.
09:33:12 >> Ed golly.
09:33:14 I live at 4333 South MacDill.
09:33:17 It took eight and a half years to build.
09:33:19 And I too am here to address the issue of the
09:33:22 invocation as probably many of you know.
09:33:25 I think if there's one thing that religion affords us
09:33:30 it's divisiveness as evidence of what's going on in
09:33:36 City Council.
09:33:36 I can think two of reasons why the city would want to
09:33:39 continue the practice, the first of which would be that
09:33:40 most of you probably subscribe to religious
09:33:44 idealologies and think everybody else should and those
09:33:47 of us who don't will eventually come to see the wisdom
09:33:50 of these beliefs and eternally exposed to them.
09:33:54 We will not.
09:33:54 The second reason may be that it's simply tradition.
09:33:57 The worst reason to carry on any practice if it's
09:34:01 wrong, which in my opinion this is.
09:34:04 If this were truly the Christian nation embracing a
09:34:10 250-year-old tradition I remind you that three of you
09:34:12 wouldn't have the remind to vote -- the right to vote.
09:34:17 I think the one thing the founding father's did do
09:34:19 right was of course to create a government that's
09:34:21 totally secular.
09:34:23 A concept that has been endorsed by our courts
09:34:25 throughout our history, in spite of the fact that has
09:34:30 been attempting from day one to intercede in government
09:34:34 and impose itself on us.
09:34:36 Once we become a theocracy, the gunfire is not far
09:34:41 I don't know if this sign is still out on Gandy
09:34:43 Boulevard I used to pass when I came across Gandy
09:34:45 Boulevard welcoming me to Tampa, America's next great
09:34:49 Well, curiously the sign proclaims that we are not yet
09:34:52 a great city, but as a life-long resident I see us make
09:34:55 a lot of progress in that direction.
09:34:57 I'm glad to have seen it.
09:34:58 And I think that one giant step that this body can take
09:35:03 today to steer us in that direction is to finally bring
09:35:06 an end to both blue laws and the invocations that are
09:35:10 most divisive and offensive to a lot of us at City
09:35:15 So I implore you to vote today to discontinue this
09:35:19 Thank you.
09:35:19 >>THOMAS SCOTT: Thank you very much.
09:35:20 Next speaker.
09:35:24 >> Good morning.
09:35:25 It nice to see you again.
09:35:27 Sorry about that little mixup last week when 20 of us
09:35:31 signed up to speak but we were up able to because there
09:35:33 was not an agenda item.
09:35:35 I'm Ralph Currie, president of atheists of Florida,
09:35:43 south -- what's the address here? -- 3164 south
09:35:48 Manhattan Avenue.
09:35:49 Just by way of introduction I do want to emphasize that
09:35:53 atheists of Florida fully support 100 percent the
09:35:57 freedom of religion, freedom of speech, freedom of
09:36:02 press, expression, all the freedoms that we as U.S.
09:36:05 citizens enjoy.
09:36:06 We support them for everyone.
09:36:07 And these are freedoms for individuals.
09:36:10 Individuals have rights.
09:36:12 Governments do not.
09:36:14 Governments have power.
09:36:16 And this is not an issue of being offended, although
09:36:20 many people are offended.
09:36:21 It's about civil rights.
09:36:24 We see this as a civil rights issue.
09:36:28 The reason -- and let me be perfectly clear about
09:36:32 this -- is that someone comes up here at today's
09:36:38 meeting to address this council, on the dais, you have
09:36:45 the power, and when someone gives an invocation, right
09:36:48 now you are doing around Robin, it may be a religious
09:36:52 one and it may not be, but when it religious and it's
09:36:55 sponsored by the government, you are saying this is the
09:36:57 way you are supposed to do it.
09:36:59 If you don't, you are a second-class citizen.
09:37:05 Like Frank said you are telling us to sit down at the
09:37:08 back of the bus, just shut up.
09:37:09 That's what we have been told.
09:37:11 Atheists face discrimination on a daily basis.
09:37:14 And we have to speak up for our own rights, because if
09:37:17 we don't, no one else will.
09:37:20 As the reverend Niemollar said after the Holocaust,
09:37:25 first they came for the communists.
09:37:29 I was not a communist so I did not speak up.
09:37:31 Then they came for the trade unions.
09:37:33 I was not a trade unionist so I said nothing.
09:37:36 Then they came for the Jews, but I was not a Jew, and
09:37:39 I did not say anything.
09:37:40 Then they came for me, and there was no one left to
09:37:43 speak up.
09:37:45 I would like each and every one of you to put yourself
09:37:48 in the position of an atheist, and emergency being
09:37:51 faced with this position of having to be false to your
09:37:54 convictions, to be untrue to your conscience and play
09:37:59 along, pray to play, or be forced to expose yourself as
09:38:05 a stigmatized minority.
09:38:08 And we have to face things.
09:38:10 One gentleman here face, a statement he made about not
09:38:15 believing in God, and said, oh, stay away from me, he
09:38:18 has the devil in him.
09:38:19 That's one small thing that we face every day.
09:38:23 As atheists, as president of atheists of Florida I
09:38:26 discovered myself that other people have faced
09:38:29 discrimination on the job.
09:38:30 I have met people in the chambers of commerce who are
09:38:33 terrified of identifying their own religious beliefs
09:38:37 because their businesses will be ruined because
09:38:42 atheists are looked down upon by majority.
09:38:46 And I quote James Madison in 1829 one of the founding
09:38:50 father and fourth president of the United States, said,
09:38:52 in republics the great danger is that majority may not
09:38:56 sufficiently --
09:38:57 >>THOMAS SCOTT: Thank you, sir.
09:38:58 >> The right to the minority.
09:38:59 Thank you.
09:39:00 >>THOMAS SCOTT: Next speaker.
09:39:01 >> Tim Curtis, 205, 122nd Avenue in Tampa.
09:39:11 Retired marine.
09:39:13 And I submit to you that government has no power except
09:39:19 that power that the people CEDE to you.
09:39:24 And I'm offended when I'm told that I'm not allowed to
09:39:30 have a faith.
09:39:32 And even as one of the previous speakers said earlier,
09:39:36 let me see if I can get the quote correct, identified
09:39:40 atheists as a religious minority.
09:39:44 And that's an apt description.
09:39:46 That is absolutely correct, because their belief
09:39:49 system, their idealogy, is no less fervent than those
09:39:54 people who have a belief in a higher power.
09:39:58 It just their system of belief.
09:40:00 And I would further submit to you all that while the
09:40:03 quote from Madison is absolutely correct, there's also
09:40:07 a theory of the tyranny of the minority.
09:40:11 And by and large, the people of this city and the
09:40:16 people of this country are people of faith -- faith in
09:40:21 a higher power, not faith in themselves, and don't
09:40:25 recognize any higher power, thereby making themselves
09:40:29 the God of their belief.
09:40:32 Atheism is a religion, it's a practice, no different
09:40:37 than that of the Baptists or the Methodists, and for us
09:40:41 to allow a religious minority to tyrannize other people
09:40:50 of faith is no more fair, just as discriminatory as
09:40:54 what all these previous speakers have spoken about.
09:40:56 And the idea that we can be offended so easily by
09:41:01 something that we believe isn't a statement about
09:41:04 whether or not faith is a good thing or a bad thing.
09:41:06 I think it goes more to your belief system, and how
09:41:11 grounded you are in your own belief system.
09:41:14 Because just as they are offended and just as they are
09:41:17 discriminated against, so are people of faith.
09:41:22 In business and in society, everywhere.
09:41:27 If these folks had run into that situation, I promise
09:41:30 you people of faith have as well.
09:41:32 And I'll just close with this.
09:41:34 After 20 years in the Marine Corps and climbing in and
09:41:37 out of foxholes, never in combat but for the 20 years
09:41:41 that I did that, it was always comforting for me to
09:41:44 know that either the person next to me was a of faith,
09:41:49 or even more comforting than that was that there was a
09:41:52 power higher and greater than me that I could look to
09:41:56 when the times got tough.
09:41:57 Thank you for your consideration.
09:41:58 >>THOMAS SCOTT: Thank you.
09:42:00 Next speaker.
09:42:01 >> Good morning.
09:42:07 Pete Nelson.
09:42:08 I'm a resident of the City of Tampa at 2806 west point.
09:42:13 Professionally president of mothers organic.
09:42:17 There's two agenda items.
09:42:18 One is on the consent agenda, number 35, and the other
09:42:22 is one of these staff reports, Ms. Brickhouse, 73.
09:42:30 75 refers -- 35 refers to the handling of all the
09:42:35 city's yard waste, recycling of that, receiving it
09:42:37 after it goes from McKay transfer station.
09:42:42 And then number 73 is our work with the City of Tampa,
09:42:48 our companies and recycling, all the resident yard
09:42:51 waste that's dropped off at the Manhattan brush site.
09:42:56 I guess I wanted to let you know that I will be in the
09:42:59 audience through Ms. Brickhouse's report, if there are
09:43:03 any questions, I am in the audience to answer any of
09:43:05 that because I believe there's probably no one who
09:43:08 knows all the minute details of this more than me since
09:43:11 I have lived and breathed it the last two years, in
09:43:15 this process to be able to do business with the City of
09:43:19 I will say that the staff has been diligent.
09:43:22 They have made the right decisions.
09:43:24 And after today, yard waste, which is 10 to 12% of your
09:43:29 total wastestream will be truly recycled.
09:43:32 You will be saving a lot of money because of it.
09:43:35 I have all the details of that.
09:43:39 But just to say, there's been a lot of taxpayer money
09:43:44 spent that didn't need to be spent, and they are
09:43:50 pushing it through as quickly as possible but it's been
09:43:53 delayed for multiple reasons, but this is a very good
09:43:55 thing for the City of Tampa.
09:43:57 And I will be in the audience to answer any questions.
09:43:58 >>LINDA SAUL-SENA: Thank you.
09:44:04 >>THOMAS SCOTT: Council?
09:44:09 >>LINDA SAUL-SENA: Mr. Pete Johnson had a concern that
09:44:19 some city staff didn't deal properly with his issue,
09:44:23 and so my question would be to Mr. Shelby, as a
09:44:30 council, what can we do?
09:44:33 >>MARTIN SHELBY: You have certainly the right of
09:44:36 You can forward it to the administration and ask for a
09:44:39 >>LINDA SAUL-SENA: Okay.
09:44:40 So that would be my motion.
09:44:41 >>CHARLIE MIRANDA: I agree with that.
09:44:44 There's two sides to every story.
09:44:46 >>LINDA SAUL-SENA: At least.
09:44:47 >>CHARLIE MIRANDA: You're right.
09:44:48 At least.
09:44:49 Sometimes four or five, from the same two people
09:44:51 there's four or five.
09:44:52 And I'm listening to what he did, and did he an
09:44:54 honorable thing, from what he said, he put some money
09:44:57 into somebody's house, and now he's saying the city
09:44:59 lied to him.
09:45:00 That may or may not be true.
09:45:01 But it was also when you loan money or give money, it's
09:45:04 your due diligence to find out if you are going to he
09:45:07 get your money back, not mine if government.
09:45:09 I can't follow 350,000 people who do or do not do
09:45:13 something with a neighbor in good effect and then all
09:45:15 of a sudden you are out in left field by yourself.
09:45:19 That's your prerogative to be neighborly.
09:45:21 That's your prerogative to have a big heart.
09:45:24 That's your prerogative to do what you got to do.
09:45:26 And that's your prerogative to give who you want to
09:45:29 give to.
09:45:29 I don't get involved in that.
09:45:30 That being said, it's also your prerogative to make
09:45:33 sure that you did your own due diligence.
09:45:35 And I'm sure the administration would come up and
09:45:38 support or disagree or agree with Mr. Johnson or
09:45:41 >>THOMAS SCOTT: So the motion is requesting a report
09:45:44 from the administration?
09:45:46 >>LINDA SAUL-SENA: A written report by the second
09:45:47 meeting of February.
09:45:48 >>THOMAS SCOTT: And that was seconded by councilman
09:45:51 Caetano. Moved and seconded.
09:45:53 All in favor?
09:45:55 >>MARTIN SHELBY: Again that references the letter
09:45:59 dated January 19th to the mayor regarding 917 east
09:46:06 24th Avenue.
09:46:07 >>LINDA SAUL-SENA: Right.
09:46:08 >>THOMAS SCOTT: Anyone here wish to address council on
09:46:12 a reconsideration of a legislative matter?
09:46:17 Then we'll move now to our committee reports.
09:46:19 Public Safety Committee, Councilwoman Glen Miller.
09:46:23 >>GWEN MILLER: I move resolutions 2 through 12.
09:46:26 >>LINDA SAUL-SENA: Second.
09:46:28 >>THOMAS SCOTT: Moved and seconded.
09:46:32 All in favor signify by saying Aye.
09:46:36 Parks and recreation, Councilwoman member Linda
09:46:40 >>LINDA SAUL-SENA: Mr. Chairman, before moving these
09:46:42 resolutions, I want to comment on item 19 which is a
09:46:46 source of great improvement for Sulphur Springs.
09:46:53 The Mann-Wagnon park which was originally gifted by the
09:46:57 property owners to the city and the county to the
09:47:00 citizens for an arts an and education center is now
09:47:04 actually taking place.
09:47:08 The county had used Mann-Wagnon park for years as a
09:47:11 site of their parks and rec staff.
09:47:15 They moved out last December a year ago.
09:47:17 That's been given to the community, and community
09:47:22 stepping stones, and the Sulphur Springs museum and a
09:47:25 number of community-based organizations in Sulphur
09:47:29 Springs will benefit from this.
09:47:30 So I'm really happy about this and I wanted to share
09:47:34 this with everyone.
09:47:35 So that being said, I would like to move resolutions 13
09:47:40 through 25.
09:47:40 >>THOMAS SCOTT: Councilwoman Mulhern, did you pull 35?
09:47:49 Okay, it been moved and seconded by councilman
09:47:54 All in favor signify by saying Aye.
09:47:58 Finance Committee, Councilwoman Mary Mulhern.
09:48:00 >>MARY MULHERN: Before I move all of these items, I
09:48:03 just wanted to point out that the firefighters and the
09:48:10 administration reached an agreement.
09:48:14 I'm very happy that that was resolved, and just want to
09:48:21 congratulate them on reaching that agreement and thank
09:48:24 them for not making council have to deal with it.
09:48:28 So I will move item 36 through 43.
09:48:32 >>THOMAS SCOTT: Seconded by councilman Miranda
09:48:35 All in favor signify by saying Aye.
09:48:38 Public Works Committee.
09:48:39 Councilman Charlie Miranda.
09:48:41 >>CHARLIE MIRANDA: Move items 26 through 35.
09:48:50 >> Second.
09:48:52 (Motion carried).
09:48:53 >> Building and zoning.
09:48:55 Councilman Miranda.
09:48:58 >>CHARLIE MIRANDA: Move 44 through 60.
09:49:00 >>LINDA SAUL-SENA: Second.
09:49:05 >>THOMAS SCOTT: All in favor signify by saying eye.
09:49:09 Transportation, councilman John Dingfelder.
09:49:10 >> I'll move items 61 and 62.
09:49:15 >> Second.
09:49:16 >> We need to set the hearings 63 through 67.
09:49:24 >> Move to set the public hearing for 63 through 67.
09:49:27 >>LINDA SAUL-SENA: Second.
09:49:27 >>THOMAS SCOTT: All in favor?
09:49:35 We are down to our 9:30 second readings.
09:49:41 Anyone here that's going to be speaking to council
09:49:44 please stand and be sworn.
09:49:45 (Oath administered by Clerk)
09:49:55 Item 68.
09:49:57 >>GWEN MILLER: Move to open the items.
09:49:59 >>THOMAS SCOTT: All items for public hearing.
09:50:03 Item 68.
09:50:04 Anyone from the public wishing to address council on
09:50:06 item 68.
09:50:08 Item 68.
09:50:09 Anyone from the public wish to address council?
09:50:11 >>GWEN MILLER: Move to close.
09:50:12 >>LINDA SAUL-SENA: Second.
09:50:13 >>THOMAS SCOTT: All in favor signify by saying Aye.
09:50:16 Councilman Dingfelder.
09:50:17 >>JOHN DINGFELDER: Move the following ordinance for
09:50:21 reading and adoption, second reading, an ordinance
09:50:24 vacating, closing, discontinuing, and abandoning a
09:50:27 certain right-of-way all that portion of north "A"
09:50:30 street lying north of Kennedy Boulevard and south of
09:50:33 north "B" street, east of North Boulevard, and west of
09:50:36 Brevard Avenue and all that alleyway lying north of
09:50:39 Kennedy Boulevard south of north "A" street, east of
09:50:42 north Boulevard and west of Brevard Avenue in the
09:50:44 Hayden subdivision the same being more fully described
09:50:47 in section 2 hereof subject to the reservation of
09:50:49 certain easements as set forth herein subject to
09:50:52 certain covenants, conditions and restrictions as more
09:50:54 particularly described herein, providing an effective
09:50:57 And I just wanted to express our appreciation to the
09:51:01 university of Tampa for being a great institution but
09:51:04 also for working with us to make this a better
09:51:08 Thank you.
09:51:08 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.
09:51:14 Record your vote, please.
09:51:14 >>THE CLERK: Motion carried with Caetano, Saul-Sena
09:51:22 and Miranda being absent.
09:51:24 >>THOMAS SCOTT: We are way ahead of schedule.
09:51:27 If we could have the administration, those that are
09:51:30 giving staff reports, to come over a little early
09:51:31 today, this morning.
09:51:33 It's about ten to ten and we only have one more item
09:51:37 here before we take up our 10:30 items.
09:51:40 So it would be helpful if administration is watching
09:51:43 they could come over early so we can move ahead.
09:51:48 >> They are on their way over.
09:51:51 >>THOMAS SCOTT: Thank you very much.
09:51:56 >>THOMAS SCOTT: Which item are you here for?
09:52:05 Come to the mike, please.
09:52:06 >> My name is Robert Upshaw.
09:52:11 Good morning, City Council.
09:52:15 I'm Robert Upshaw.
09:52:17 I live at 3001 east 28th Avenue.
09:52:21 And I am appealing to you today to keep the alley
09:52:25 closed behind my house.
09:52:28 >>THOMAS SCOTT: Mr. Upshaw, if you have an issue that
09:52:35 should be taken up during the public comment section.
09:52:36 >>JOHN DINGFELDER: Move to waive the rules since he
09:52:43 missed it by a couple of minutes.
09:52:44 >>THOMAS SCOTT: Why don't we take item 69 and get it
09:52:48 out of the way and then bring you back up.
09:52:50 >> Okay, sure.
09:52:52 >>THOMAS SCOTT: Item of the.
09:52:55 Anyone here to address council on item 69?
09:52:57 >>GWEN MILLER: Move to close.
09:52:59 >> Second.
09:53:01 >>THOMAS SCOTT: All in favor?
09:53:03 Councilwoman Mulhern.
09:53:04 >>GWEN MILLER: Move the resolution.
09:53:09 >>MARY MULHERN: I move item number 69.
09:53:13 >>JOHN DINGFELDER: Second.
09:53:14 >>THOMAS SCOTT: All in favor?
09:53:18 Mr. Upshaw?
09:53:19 >>> Good morning again, Tampa City Council.
09:53:29 My name is Robert Upshaw.
09:53:32 I am appealing to you today to keep the alley closed
09:53:36 behind my house.
09:53:37 I retired from the --
09:53:40 >>THOMAS SCOTT: Mr. Upshaw, get a little closer to the
09:53:43 We can't hear you.
09:53:44 >> Okay.
09:53:44 I'm appealing to you today to keep the alley closed
09:53:48 behind my house.
09:53:49 I retired with the City of Tampa 28 years.
09:53:54 I'm proud to be a homeowner at 3001 east 28th
09:53:59 And I have maintained the alley since 1964, keeping it
09:54:08 In other words, this is to prevent activity such as
09:54:12 drugs, prostitution, and cars being stolen.
09:54:15 In the past, cars have been stolen from the alley.
09:54:23 And there has been loud noise, at all times and hours.
09:54:30 And there has been music.
09:54:36 Both me and my wife aren't getting any rest.
09:54:40 And I have been waiting for years for the weed and seed
09:54:43 program to begin and there are several in the area that
09:54:54 would benefit from closing the alley.
09:54:56 And the station 3102 east lake.
09:55:04 So I'm involved in the community and I have contacted
09:55:18 the police department, and I participated in the
09:55:23 neighborhood, and again we are senior citizens, and I
09:55:26 really appreciate that.
09:55:27 >>THOMAS SCOTT: Mr. Upshaw, thank you very much.
09:55:39 It is my understanding that the captain will be in
09:55:42 contact with you directly and coordinate with you.
09:55:44 >>> Well, did he call me and talked to me.
09:55:48 And she knows what I am going through with.
09:55:53 And she has been saying, okay, what I got.
09:55:56 I got something to say.
09:55:58 She already know what kind of problems I'm dealing
09:56:04 She already know.
09:56:05 But I need something to give to her, you all write her
09:56:08 a letter saying what's going on.
09:56:10 >>THOMAS SCOTT: I don't know whether we can do
09:56:16 I don't know whether council can do anything because
09:56:19 that is administrative.
09:56:21 The only thing we can do is refer it over to
09:56:23 administration, which was already done.
09:56:27 >>> Well, I don't want to close -- I got two posters
09:56:32 out and I can let you see just one.
09:56:47 I maintain and keep cut.
09:56:49 >>THOMAS SCOTT: Let me suggest someone from the city
09:56:54 attorney's office meet with him, please.
09:56:59 Thank you very much, Mr. Upshaw.
09:57:00 They will meet with you and try to get you in the right
09:57:07 I know already talked with the administration and
09:57:11 captain of the police department.
09:57:12 >>> Yes, I talked with the captain when she talked
09:57:17 >>THOMAS SCOTT: The city attorney will get with you.
09:57:20 >>> Okay, going to call me?
09:57:25 >>THOMAS SCOTT: Right hear.
09:57:27 Julia Cole will talk with you.
09:57:30 Thank you, sir.
09:57:41 Is there anyone here from the administration on items
09:57:50 who is here?
09:57:55 10:30 items.
09:58:02 >>MARTIN SHELBY: Want to the take the board
09:58:04 presentation items?
09:58:05 >> Is there anyone from item 70 yet?
09:58:08 What about 71?
09:58:09 >>SHIRLEY FOXX-KNOWLES: City clerk.
09:58:17 Council, I'm here regarding item number 70.
09:58:22 We have one applicant that's applied for the Barrio
09:58:26 Latino commission, Mr. Lemen Ramos.
09:58:36 I also wanted to note that on item number 72, Mr. Ramos
09:58:44 removed his name from consideration.
09:58:46 He sent an e-mail late last night.
09:58:49 So we have one applicant for the barrio, and one
09:58:53 applicant for the enterprise zone, Mr. Matthew Kemp.
09:58:58 >>THOMAS SCOTT: So we just need to approve those?
09:59:02 Just need to approve those?
09:59:04 >>SHIRLEY FOXX-KNOWLES: Yes.
09:59:05 >>THOMAS SCOTT: Motion by Councilwoman Saul-Sena.
09:59:07 Is there a second?
09:59:08 Moved and seconded.
09:59:09 All in favor signify by saying Aye.
09:59:13 For item 70 and 71.
09:59:20 Anyone here for 73?
09:59:23 Anyone here for 73?
09:59:34 >>SHIRLEY FOXX-KNOWLES: City clerk.
09:59:38 Again, I wanted, number 70, if we could extend Mr.
09:59:48 Ramos' term.
09:59:51 The term ends at the end of this month.
09:59:54 So if we could extend it.
09:59:55 >>MARTIN SHELBY: What date?
10:00:00 That would be Mr. Kemp then?
10:00:02 >> I thought we did -- that was 71.
10:00:06 >>SHIRLEY FOXX-KNOWLES: If we can extend the time.
10:00:08 This is for Mr. Kemp to past May 25th, 2010.
10:00:13 >>MARTIN SHELBY: May 25th?
10:00:17 >>THE CLERK: The appointment for item 71 for the
10:00:20 enterprise zone, the term expires on May 25th,
10:00:24 We are asking if you want to just appoint him to the
10:00:26 next term after that.
10:00:27 >>SHIRLEY FOXX-KNOWLES: Instead of coming back.
10:00:30 >>MARTIN SHELBY: When would that expire, May 25th?
10:00:33 >>THE CLERK: That expires on May 25th.
10:00:36 >>MARTIN SHELBY: 2010.
10:00:37 Now what are you asking council to extend?
10:00:39 >>THE CLERK: To the next term after that.
10:00:42 >> Which would be the expiration of May 25th, 2012?
10:00:45 I just want to be clear on that.
10:00:47 Council, what I would attempt to do is make the
10:00:49 resolutions over lunch so you can have them back.
10:00:52 >>THOMAS SCOTT: Can we ask legal to do it?
10:00:55 >>MARTIN SHELBY: Yes, I believe you can.
10:01:02 I will double check.
10:01:04 If you can, I will bring that back to council.
10:01:06 But you normally do make appointments before somebody's
10:01:08 term does end.
10:01:10 You don't want to necessarily have -- I will double
10:01:16 If that's a problem, I will let you know.
10:01:18 >>THOMAS SCOTT: Councilwoman Saul-Sena, councilman
10:01:21 >>LINDA SAUL-SENA: I have a question.
10:01:25 That is, do we advertise these vacancies in La Gaceta?
10:01:30 Because the applicant is wonderful but he doesn't
10:01:38 either live in Ybor City or have a business in Ybor
10:01:41 And the barrio focuses on Ybor City, and he doesn't
10:01:46 have any background in anything architectural.
10:01:52 On the than being Hispanic, which he is, there's no
10:01:56 link to Ybor City and the barrio.
10:01:57 So that's why I wonder if we are advertising in
10:02:00 LaGaceta or getting the word to the Ybor City community
10:02:05 more directly.
10:02:06 >>SHIRLEY FOXX-KNOWLES: City clerk.
10:02:20 We have requested in the past, but we will request --
10:02:23 >>LINDA SAUL-SENA: Did you request -- was this
10:02:26 particular vacancy, which is somebody with an Hispanic
10:02:30 background, advertised in La Gaceta?
10:02:33 >>SHIRLEY FOXX-KNOWLES: Yes.
10:02:34 >>LINDA SAUL-SENA: It was?
10:02:36 >>> We requested Mr. Montega, I believe it was, but we
10:02:40 will do it again.
10:02:41 >> Thank you.
10:02:43 Because I just feel like -- he sounds like a perfectly
10:02:46 lovely person, but there's no evidence in his
10:02:49 description of why he wants to be appointed to this.
10:02:54 He isn't indicating any particular links to or
10:02:57 knowledge of Ybor City.
10:03:00 And I want to vote for him because he's the only
10:03:05 applicant and because he wanted to be able to have a
10:03:08 quorum, but I'm concerned that there's a more specific
10:03:13 reason why we are selecting somebody to serve on the
10:03:16 barrio, which is a very important board.
10:03:19 I'm just concerned.
10:03:22 Fellow council members, what do you all think?
10:03:30 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:03:31 I don't know all the questions that Ms. Saul-Sena is
10:03:35 Is this part of the requirement to sit on that board?
10:03:37 I don't know.
10:03:39 Somebody is going to have to tell us what the
10:03:40 requirements are for that board or any other board.
10:03:42 >>LINDA SAUL-SENA: Well, I think the barrio has very
10:03:45 specific --
10:03:46 >>CHARLIE MIRANDA: Well, I'm just asking that
10:03:47 question now.
10:03:48 Then again I certainly don't want to start a precedent
10:03:52 and saying that you are elected for a term plus part of
10:03:56 a term and another term.
10:03:58 I'm not opposed to a term and then in a month come back
10:04:05 and reapply, and that you are going to get appointed
10:04:15 But I'm not for bending the rules.
10:04:17 I'm not saying there is.
10:04:18 But I want to make certain within the guidelines when
10:04:21 don't start setting a new precedent and naming people
10:04:23 for six-year terms without them coming up.
10:04:26 >>MARY MULHERN: I'm just reading his application.
10:04:36 And it sounds like he works for a university he has a
10:04:45 master in public administration.
10:04:47 He's Hispanic.
10:04:48 His parents are from Cuba.
10:04:49 He has strong dedication to serving the community and
10:04:51 restoration for architecture history.
10:04:54 So he sounds like a great candidate.
10:04:56 >>THOMAS SCOTT: Well, listen, we can take it up later
10:05:04 We have staff we asked to come over early so we can get
10:05:08 through that.
10:05:08 So I would rather deal with that, get them out of the
10:05:11 And then bring back up this application, we can do
10:05:14 But you raise the issue, was it advertised in
10:05:18 La Gaceta?
10:05:20 The answer is yes.
10:05:21 All this other stuff, we don't know.
10:05:23 We have to hear back from the attorney.
10:05:25 >> Mr. Chair, just for your information, both
10:05:28 candidates were advised to be here at 10:30.
10:05:31 >>LINDA SAUL-SENA: Oh, well, let's wait.
10:05:33 >>THE CLERK: So they are coming at 10:30.
10:05:37 >> Good.
10:05:38 Let's wait till 10:30.
10:05:39 >>THOMAS SCOTT: Let me move to item 74.
10:05:48 73, I'm sorry.
10:05:52 Ms. Brickhouse.
10:05:52 >> Tonja Brickhouse, City of Tampa department of solid
10:06:00 waste and program management.
10:06:02 I want to call your attention to a written report I
10:06:05 submitted on January 15th, 2010, in regards to the
10:06:10 item number 73.
10:06:12 And I am prepared to address any questions that -- have
10:06:18 you all received the report?
10:06:19 And I'm prepared to a address any questions.
10:06:24 >>JOHN DINGFELDER: No request questions.
10:06:27 Just one comment.
10:06:28 Great job.
10:06:29 You know, clearly back in the fall we were all being
10:06:32 exposed to some sort of minor controversy about the
10:06:40 Manhattan brush site and we asked you to deal with it
10:06:43 and come back to us.
10:06:44 In the meantime you put it out for RFP, you selected
10:06:49 Two of them we a approved earlier in the meeting.
10:06:51 And it looks like it's resolved.
10:06:54 So we appreciate the memorandum.
10:06:55 And thanks for your report.
10:06:57 >>MARY MULHERN: I just want to thank you for doing
10:07:02 this and cut through all the red tape and getting it
10:07:05 done, and for really encouraging and creating green
10:07:09 jobs in Tampa and saving us all that money.
10:07:13 That's awesome.
10:07:14 Thank you.
10:07:14 >> This is exactly the direction we want to be moving.
10:07:24 >>> Thank you all for your time.
10:07:27 >> Motion to receive and file?
10:07:32 >> So moved.
10:07:33 >> Second.
10:07:33 >>THOMAS SCOTT: Item 72.
10:07:34 Anyone from administration on item 72?
10:07:37 >>BONNIE WISE: Director of revenue and finance.
10:07:43 You had asked me to come speak to the electronic
10:07:46 billing of utility bills.
10:07:48 And I wanted to let you know what the status is of
10:07:51 As you know --
10:07:53 >> Excuse me just one second.
10:07:55 Can we have someone quiet them down?
10:07:59 We can hear the conversation way in here.
10:08:09 >> I wanted to let you know that we have several
10:08:12 mechanisms currently where our customers can pay their
10:08:15 utility bills.
10:08:16 Of course, the vast majority do just mail in their
10:08:20 utility bills.
10:08:21 We do have about 70%.
10:08:23 We have about 12% to pay their bills.
10:08:28 We have a program that we instituted just a few years
10:08:31 ago where people can pay by telephone and it would come
10:08:39 on line or their checking account.
10:08:41 That's a little under 2%, a new program.
10:08:43 Then we have about 6% of our customers who have
10:08:46 automatic withdrawal from their checking or savings
10:08:48 account on a monthly basis.
10:08:49 But what we want to look into is where we actually
10:08:53 e-mail the utility bills themselves and give customers
10:08:57 the ability to pay through that.
10:08:59 And I spoke with TECO, with Stephani Agliano at TECO to
10:09:05 see what their experience has been on the e-mailing of
10:09:07 utility bills.
10:09:08 And although only about 12% of their customers actually
10:09:12 ultimately pay through that mechanism, they do have
10:09:15 about 29% of their customers who do get their bills
10:09:20 And if we were to get to where we can get about 29% of
10:09:26 their customers electronically we could save a material
10:09:29 amount on postage.
10:09:31 We spend a little over $500,000 a year on postage and
10:09:35 printing and those types of cost.
10:09:37 So our I.T. department actually has been looking at
10:09:40 this project for quite some time and has been on our
10:09:43 list, and it is on one of those items that they are
10:09:49 It looks like there are a few projects before this one.
10:09:52 It looks like it could be summer or fall, and they of
10:09:56 course haven't looked into the work entirely yet, but
10:10:00 it would probably take them a few months to implement.
10:10:02 But it is something that we are looking at.
10:10:05 When I do speak with Stephani, she was willing to share
10:10:08 with us things that they learned, likes and dislikes of
10:10:13 the customers, so we'll work closely with them on the
10:10:17 So it really looks like an opportunity.
10:10:19 Of the 29% in TECO who get their bills electronically,
10:10:23 I don't know if many of them are also getting them by
10:10:27 There will be a training process for our customers, and
10:10:30 to go for the savings.
10:10:32 But I think it's worthwhile looking into and pursuing.
10:10:35 >>THOMAS SCOTT: Councilman John Dingfelder, then
10:10:41 Councilwoman Mulhern.
10:10:43 >>JOHN DINGFELDER: Thanks for looking into this.
10:10:46 I think last fall I was looking, somehow it came across
10:10:50 Orlando, Orange County, one of the other utilities, and
10:10:53 saw that they were very electronic.
10:10:56 And I think I forwarded that to you.
10:10:57 So my recollection.
10:11:00 And I'm glad we have some plans to do that.
10:11:02 One of the things I was wondering about, since we are
10:11:05 going ultimately the goal was obviously to be more
10:11:08 automated, electronic and save money for the city.
10:11:15 I wonder are we thinking about any type of incentive to
10:11:19 encourage folks to accept their bill electronically?
10:11:27 I think we should if we are not, because, you know,
10:11:30 just say you could have a one-time $10 savings, or on
10:11:36 your next bill, if you convert over and accept your
10:11:40 bill electronically.
10:11:42 And of the costs $10, $20, whatever the incentive is,
10:11:49 but in the long haul save money in post annal and
10:11:53 >> We really haven't gotten to that point yet because
10:11:55 we. Completely analyzed our project.
10:11:58 One thing when we are looking at things electronically,
10:12:01 for example, we several years ago waived our credit
10:12:04 card fee for paying online.
10:12:06 Well, that's great for the customer.
10:12:08 But I'll tell you we are the only ones who waived that
10:12:11 fee, and in fact we are looking at instituting the fee
10:12:14 again because it's costing the city about $500,000 a
10:12:18 year for those credit card fees, because we do get
10:12:22 So I think what you are suggesting is really part of
10:12:26 the whole analysis that you see.
10:12:28 But in the long run if you are going to save money,
10:12:30 even if you provide an incentive, we just --
10:12:35 >>JOHN DINGFELDER: I think the reality is so many
10:12:36 people now are paying their bills online, you know,
10:12:42 through their own checking account and that sort of
10:12:45 I didn't realize we were waiving the fee on the credit
10:12:48 I don't even know how good an idea that is.
10:12:52 To be honest, I don't remember what that was.
10:12:54 But, anyway, you will get back to us perhaps as we get
10:13:00 Don't bring it back like at the last minute when we are
10:13:02 doing it.
10:13:03 But maybe six months as the process goes through.
10:13:08 But I just hope that we create some incentives to
10:13:11 really encourage people to do it.
10:13:13 Thank you.
10:13:14 >>MARY MULHERN: I just wanted to say, I think a very
10:13:20 simple way to promote this, and I know because I
10:13:23 actually went for the last year without using any paper
10:13:27 checks, and all of a sudden people started asking me
10:13:33 for money for charities and campaigns, so I had to get
10:13:37 checks again.
10:13:38 But one of the things I ran into was getting bills and
10:13:42 even trying to find the Web site where I could pay it
10:13:48 online or getting online and it being a difficult
10:13:51 So if you get it set up so it an easy thing to do, to
10:13:55 pay it online, and which -- do we already have it set
10:14:01 We do?
10:14:02 >>BONNIE WISE: Some of our customers already pay
10:14:08 But we are talking about getting their bills
10:14:10 electronically as well.
10:14:12 That's the part we don't currently have.
10:14:13 >> So if you want to convert to that, I think
10:14:16 basically -- and this doesn't cost any extra money.
10:14:21 It a graphic design thing.
10:14:24 But in your bills really big and red instructions for
10:14:32 how you can do electronic payment and get your bills
10:14:34 online, then it doesn't turn into a costly marketing
10:14:37 It's just they are going to continue to get their bills
10:14:40 and receive this every month.
10:14:42 And I think if you just did that, have the graphic
10:14:45 people just start putting that on the bills right away,
10:14:48 it might help.
10:14:48 >> We always run messages on our bills that you can pay
10:14:54 on line.
10:14:55 But right now they don't have the option to get the
10:14:57 bills online.
10:14:59 >> Great.
10:15:00 But when you get there.
10:15:01 >>CHARLIE MIRANDA: Mrs. Wise, let me ask you a couple
10:15:10 basic simple questions.
10:15:11 All this sounds great, but how many people do not have
10:15:13 computers, that have city accounts?
10:15:16 You haven't said that yet.
10:15:17 Or maybe you said it and I didn't hear it.
10:15:19 So what I'm saying is we are making assumptions that
10:15:23 everybody is living in society, that everybody has
10:15:26 computers, that everybody has the money and the account
10:15:30 to be taking money out and pay.
10:15:32 And my life-style and people that I know in a lot of
10:15:38 areas in this community don't have computers.
10:15:40 They live on a day-to-day basis.
10:15:43 And it's hard for them to make the reality of a
10:15:46 So if we draw automatically, or you pay by electronic
10:15:51 method, or you send it out by electronic method, they
10:15:56 don't have a computer, how do they get the bill?
10:16:00 It was ten years ago I went to Mexico on the request of
10:16:03 a previous administration to settle a dispute, and in
10:16:09 speaking to that gentleman who since passed, his name
10:16:13 was Acalas, he had a company in South Africa that had
10:16:19 meters that were not outside, but inside the house.
10:16:24 There was no bill sent.
10:16:26 There was just a credit card.
10:16:30 You wanted water, you put it in, got as much as you
10:16:34 You wanted electricity, you put it in, got as much
10:16:36 electricity as you wanted.
10:16:39 I don't know what happened to that concept.
10:16:40 I know it happens in parts of the world because he
10:16:43 showed me.
10:16:44 But nothing was ever done.
10:16:45 I give credit to some administration in the past.
10:16:50 And things are changing in meter reading, with an
10:16:52 antenna, the meter sends a message to the antenna, send
10:16:55 it back to you, sends a bill.
10:16:57 So there's so many things going on that for us to just
10:17:00 look at one aspect of this is not the real picture.
10:17:04 It is one part of the picture.
10:17:06 Just like a negative, without being exposed to the
10:17:09 So what I'm saying is, if we are going to look at this,
10:17:14 and you may or may not have the numbers on how many
10:17:18 people do not have computers, but you are leaving a
10:17:23 great part of the city that doesn't have that without
10:17:25 the benefit of what somebody may get.
10:17:27 And I'm not against it.
10:17:29 But I'm saying it got to be done in a mechanism,
10:17:32 because that's how it is.
10:17:37 >> I do want to make it very clear, because if you
10:17:39 didn't make it clear, we always still have to think
10:17:41 about our customers and give them many options, because
10:17:44 even TECO, who has many options to pay and has been
10:17:49 electronic for quite some time, almost 43% of the
10:17:53 customers still just mail in their checks.
10:17:56 And so we have to be very cognizant that people do like
10:18:01 to receive their information in different manners and
10:18:03 pay in different ways, and are comfortable.
10:18:06 So I absolutely agree with you.
10:18:08 And, yes, the whole meter reading technology is
10:18:11 completely changing, which is also another thing that
10:18:14 we are looking at, too.
10:18:15 Thank you.
10:18:16 >>LINDA SAUL-SENA: Thank you.
10:18:19 I appreciate you emphasizing the fact that nobody is
10:18:21 going to be forced to do this.
10:18:23 We are just offering our customers another option.
10:18:25 Because of the opportunity to save money in the
10:18:28 mail-ins, I hope we will pursue this in a timely way.
10:18:32 Because as we both know, this is going to be a very
10:18:34 tough budget year and anyplace we can save a half
10:18:39 million dollars is good.
10:18:41 >>THOMAS SCOTT: Any other questions?
10:18:42 Thank you very much.
10:18:52 Item 74.
10:18:53 Mr. Slater.
10:18:54 Are there any questions on the report from Mr. Slater?
10:19:04 Good morning, Mr. Slater.
10:19:05 >> Jake Slater: I sent over a report on January 12th
10:19:09 that you asked about a sign survey about the electronic
10:19:13 signs in the City of Tampa.
10:19:15 We broke it down by East Tampa, West Tampa, and South
10:19:21 The majority of the electronic digital signs are in
10:19:26 Walgreen's, and also CVS.
10:19:29 Along with this, we did an informational letter which
10:19:31 we have already handed out to the businesses, which are
10:19:34 on the list.
10:19:35 We received about 10 or 15 phone calls from the
10:19:38 affected businesses, and by all means most of them,
10:19:46 actually the five-minute rule, they were not aware of
10:19:49 We have not issued any type of code violations for the
10:19:52 five-minute rule.
10:19:53 Most of our sign issues are with the smaller road-side
10:20:01 But as of now we have not issued any particular notices
10:20:03 for code violations.
10:20:06 I would suggest that we see what the letter brings us.
10:20:08 I believe that we will achieve overall type of
10:20:13 This is difficulty for us with only 20 inspectors to go
10:20:18 out and actually sit under a sign for five or ten
10:20:21 minutes to see if it does actually change.
10:20:23 We haven't received any types of complaints.
10:20:26 So I would suggest to see what type of compliance we
10:20:30 get with the letter and then we can address it in the
10:20:33 >>LINDA SAUL-SENA: Mr. Slater, I want to thank you for
10:20:39 doing this.
10:20:39 I think that you are correct, those people weren't even
10:20:42 aware, and I assume they will come into compliance.
10:20:46 I personally, as you know, am always calling you when
10:20:49 people aren't in compliance.
10:20:50 And I noticed a change.
10:20:52 I noticed people keeping to the five-minute rule.
10:20:55 So thank you for your diligence.
10:20:56 Perhaps two months from now that will give us plenty of
10:20:59 time to have digested the fact that their signs need to
10:21:05 stay put for five minutes.
10:21:07 You can do another sweep and see how the compliance
10:21:09 rate is but I really appreciate your systematic look at
10:21:13 this rule.
10:21:15 >>JOHN DINGFELDER: Jake, thank you as always for your
10:21:23 hard work.
10:21:24 It's not surprising that -- it's disturbing but not
10:21:30 surprising that there's no compliance because I think
10:21:32 as Linda a mentioned that a lot of these companies,
10:21:36 stores, small stores, chain stores, et, probably
10:21:39 weren't even aware of the five-minute rule, which to a
10:21:43 certain extent I blame on the vendors of the signs
10:21:46 I think the sign vendors go out, they sell these signs,
10:21:50 they go, oh, look, you have this flashing sign, here
10:21:53 are the bells and whistles and this is how you can do
10:21:55 And I think I would guess they are probably a little
10:22:00 derelict in terms of not informing their customers that
10:22:03 we have this ordinance with penalty.
10:22:09 And I do agree with Pete, when Pete was here earlier,
10:22:14 he suggested that -- I didn't realize that it's not
10:22:19 part of our citation program?
10:22:22 >>> No, it's not.
10:22:23 >> When we are done chatting with this I am going to
10:22:26 suggest it should be part of our citation program,
10:22:28 because that's the way you guys can be effective, if
10:22:31 you see a violation, you will give a warning, and if
10:22:33 they don't comply you can give them a fine right then
10:22:36 and there.
10:22:36 Because otherwise what do we do?
10:22:38 We bring them in for a hearing on why their sign was --
10:22:42 >>> We have to give them X amount of time to come into
10:22:46 But a civil citation would work.
10:22:47 >> I think it would be very effective, if they get
10:22:50 letters first, if they get warnings and that sort of
10:22:52 thing, and if we have a fair process.
10:22:58 Jake, I would encourage you to send this letter to the
10:23:00 sign vendors as well.
10:23:02 Not just the property owners.
10:23:03 But just look in the yellow Pinellas.
10:23:05 Have your staff look in the yellow pages, and all the
10:23:07 local sign vendors.
10:23:09 I don't want them claiming ignorance, either.
10:23:13 I don't think they are, but I don't want them to go
10:23:15 that route.
10:23:16 The last thing I wanted to say on this, on the last
10:23:19 page, council, of this excellent report on page 4, it
10:23:23 speaks to something that Mr. Miranda has brought up on
10:23:26 several occasions, and I think brought up in a very
10:23:29 proper way, that our government, and public signs are
10:23:36 exempt from this.
10:23:37 And I think that we should revisit that issue.
10:23:42 I think that not on a wholesale basis but at least on
10:23:47 this five-minute issue.
10:23:48 Because the five-minute issue to me is about public
10:23:51 We don't want the distraction of the blinking,
10:23:55 changing, rolling sign and that sort of thing.
10:23:58 Doesn't matter if it's a public sign or private
10:24:00 commercial sign.
10:24:01 Public safety should a apply.
10:24:03 So, anyway, I'll make that motion in a minute.
10:24:05 But thanks.
10:24:06 >>CHARLIE MIRANDA: And thank you again for your
10:24:10 But the signs that I think bother most people are the
10:24:14 ones that I see all over our district, mine, Mr.
10:24:20 Scott's, and a lot of areas where the signs go.
10:24:30 You had 20 inspectors driving around.
10:24:33 Pick them up.
10:24:33 If you give me the right, I'll pick them up for you.
10:24:37 I see them there all the time.
10:24:38 >> Last year we picked up in excess of 4,000 snipe
10:24:44 >> I'm not disagreeing with you but the next day you
10:24:47 have 4,000 so you have to outlive them.
10:24:50 It's a process you put up, I take down.
10:24:55 Sooner or later they are going to run out of money.
10:24:58 >> One particular company has advised us that, quote,
10:25:01 we can put them out faster than, you know, code
10:25:03 enforcement can actually pick them up.
10:25:05 >> Well, swear me in as a code enforcement officer and
10:25:08 I promise you, I don't sleep much.
10:25:10 I'm not --
10:25:16 >> Ever Monday morning on my way to work that's the
10:25:20 first thing that I do.
10:25:21 >> All right.
10:25:22 Thank you, sir.
10:25:22 >>LINDA SAUL-SENA: A motion on two points that were
10:25:28 raised earlier.
10:25:29 One is to consider civil citations.
10:25:36 It was a great idea.
10:25:38 >>JOHN DINGFELDER: Mr. Chairman, if you would
10:25:39 entertain a motion real quick.
10:25:41 I would like our legal department to explore those two
10:25:44 issues of adding the sign code into our civil citation
10:25:52 program, sign code violation, and also -- that would be
10:25:58 the entire sign code -- and also secondarily that the
10:26:03 public signs should not be exempt from the five-minute
10:26:06 >>LINDA SAUL-SENA: Second.
10:26:08 >>THOMAS SCOTT: Does that include federal government,
10:26:16 state government, city government, county government?
10:26:20 There's a lot of signs.
10:26:21 >>JOHN DINGFELDER: We would ask legal department to
10:26:25 see who can enforce it best.
10:26:27 >>THOMAS SCOTT: I just want to make sure before we --
10:26:31 >>JOHN DINGFELDER: It's about the five-minute rule and
10:26:33 I don't think any government entity no matter who they
10:26:36 are should be exempt from that.
10:26:41 Maybe transportation might have an exception in terms
10:26:43 of a directional sign, or something like that, that's
10:26:48 temporary out there or something.
10:26:49 But I'll just direct it to legal.
10:26:52 >>CHARLIE MIRANDA: I just want to say, if it's going
10:26:55 to be that way, then all signs, state, local, federal,
10:27:00 all of them, have to meet the regulation.
10:27:02 I'm not going to pick and choose that this is an entity
10:27:06 of land that belongs to another entity, that there's a
10:27:09 venue here of sports, and they are excluded.
10:27:13 If that's what we want to do, then that's wrong.
10:27:15 And I think that some of these signs -- when I drive I
10:27:21 don't look at signs.
10:27:22 Lie at who is in front of me or where the cars are
10:27:25 If you are looking at signs and texting and coming your
10:27:28 hair that I don't have, then you have got a problem.
10:27:30 And it's not the signs, it you that's got the problem.
10:27:34 It like now you have to have a monitor that says the
10:27:37 Some people put the GPS going home from the store when
10:27:40 they already know how to get home from the store but
10:27:43 they want to see if it works.
10:27:44 So I can't regulate dumbness.
10:27:49 I mean, that's how it is.
10:27:51 Face it.
10:27:52 I'm being very sincere.
10:27:53 I can't tell you how to drive.
10:27:54 But if you are dumb enough to look at a GPS to go from
10:27:59 point A to point B, you don't need me.
10:28:02 You need a psychiatrist.
10:28:03 Thank you very much, Mr. Chairman.
10:28:06 [ Laughter ]
10:28:07 >>THOMAS SCOTT: Thank you, sir.
10:28:19 There's a motion on the floor, been moved and seconded.
10:28:22 All in favor signify by saying Aye.
10:28:26 Item 75.
10:28:27 >> I don't see that Ms. Coyle has made it over here
10:28:36 And if you want, we can take item 80 which is my item
10:28:39 which is before 10:30.
10:28:40 >>LINDA SAUL-SENA: Oh, there she is.
10:28:43 Speed of light.
10:28:44 >>CATHERINE COYLE: Good morning, council.
10:28:47 Catherine Coyle.
10:28:48 The motion related to chapter 22 and 27 with front
10:28:56 porches, and whether or not sidewalk regulations were
10:29:10 There are ten copies.
10:29:11 So there should be enough for the clerk.
10:29:13 I just gave you the first sentence as the residential
10:29:15 requirement for sidewalks, in chapter 22.
10:29:19 The trigger to require a sidewalk for a residential
10:29:22 building or use is when there's a new single-family
10:29:25 building being constructed, whether there's an
10:29:29 expansion in excess of 50% of the existing square
10:29:32 footage of that structure.
10:29:34 So those are the two triggers for single-family.
10:29:37 Related to the front porch provision, they are not
10:29:40 clearly linked in the regulation, except the only
10:29:44 scenario we can figure is that it was either a really
10:29:47 large porch being added to the property, that it was a
10:29:50 porch in combination with a substantial addition, or
10:29:54 that it was a brand new home, taking account for the
10:29:59 front porch encroachment.
10:30:01 If it triggers any one of those, it's really not the
10:30:03 front porch that is actually the trigger, it's the
10:30:06 other scenarios.
10:30:07 >>JOHN DINGFELDER: Excuse me, Mr. Chairman.
10:30:14 50% square footage rule, isn't that air conditioned
10:30:17 space, typically 50%?
10:30:21 I mean, I wouldn't even think that it would even a
10:30:23 apply them.
10:30:24 >> Well, that's considered generally a major
10:30:27 You are essentially doubling the size of your home.
10:30:29 >> No, no.
10:30:31 What I'm saying is, the front porches that we have in
10:30:34 our front porch rule is open, unair-conditioned space.
10:30:38 So I don't even know that that would come into that
10:30:41 calculation at all.
10:30:44 So this constituent asked, questioning, he thought that
10:30:48 for whatever reason that his front porch addition had
10:30:53 triggered the --
10:30:56 >> Correct.
10:30:56 He must have been doing something else.
10:30:57 >> Councilman Miranda.
10:30:59 >>CHARLIE MIRANDA: That gives me the opportunity again
10:31:02 to bring up sidewalks.
10:31:03 First of all, when they do the sidewalks, the apron is
10:31:07 never given credit for it.
10:31:10 You do your apron and you can't build the sidewalk
10:31:12 because there's a ditch in front of your house, and you
10:31:15 put the little pipes so you can get your car in and out
10:31:17 of the house and you have a 75-foot lot and a 25-foot
10:31:20 apron, guess what, when they measure they don't deduct
10:31:23 20 feet.
10:31:24 They charge you for the 75.
10:31:25 That is incorrectly wrong.
10:31:27 When you have and you go for a permit and you ask for a
10:31:30 permit to expand your residence because you have a
10:31:34 growing family, they don't tell you, listen, if you go
10:31:38 49.99, 50% doesn't kick in.
10:31:41 In lieu of.
10:31:42 When you have a 5-foot wide and you have a fire hydrant
10:31:47 or tree you can't put the sidewalk, but government does
10:31:50 I got many, many pictures.
10:31:53 Right now I can tell you on the corner of Matanzas and
10:31:57 Columbus drive, there's a sidewalk that's not 5-foot
10:32:01 that was put down by the city within the last 90 days
10:32:03 and a fire hydrant in the corner measures four feet,
10:32:07 but government can do it but the poor guy working out
10:32:10 on the street every day, he can't do it or she can't do
10:32:12 That's wrong.
10:32:13 So what I'm saying is, we are looking at things, and
10:32:16 you have a swale.
10:32:21 Remember, you put the sidewalk and I put the pipe.
10:32:24 And everybody is happy.
10:32:25 They don't do that.
10:32:29 Pay me in lieu, and I'm going to give the sidewalk to
10:32:31 somebody else.
10:32:33 That I know of, there's no city plan where it says in
10:32:35 the next 100 years, one neighborhood, one house comes
10:32:41 in, when there's 50 homes that are 50 years old.
10:32:50 Not in my lifetime or your lifetime or the grandkids
10:32:56 lifetime are they going to have a sidewalk down the
10:32:59 Maybe one.
10:32:59 We have how many thousands of miles in the city square?
10:33:04 They will do three or four blocks of it.
10:33:08 So it's a situation that I know that there's litigation
10:33:12 I know people who paid $9700 because there was a swale
10:33:19 at their house and they tell them they have to pay in
10:33:22 But that's how we run this government.
10:33:25 >>THOMAS SCOTT: Any other questions by council,
10:33:30 anything else?
10:33:31 >>MARY MULHERN: You know, I'm wondering if -- I would
10:33:41 be willing to work with you and whoever in legal to
10:33:48 work on changing that sidewalk code, if Mr. Miranda is
10:33:52 already doing that.
10:33:53 >>CATHERINE COYLE: Just to be clear chapter 22 and the
10:33:56 sidewalk issues are under public works, not land
10:33:58 But that would be the appropriate department to deal
10:34:00 with the issue.
10:34:01 >>> If you all would like to us examine these issues
10:34:10 and council would make a motion, that would be the next
10:34:13 step to examine the issue.
10:34:14 >>CHARLIE MIRANDA: Mr. Chairman, with all due respect
10:34:17 I have had an ordinance written for four months, it's
10:34:21 in the drawer, I just haven't brought it out.
10:34:24 I have just been waiting for the right time.
10:34:25 >>> With council's pleasure if you would like us to, we
10:34:28 could work on that issue, please.
10:34:30 >>THOMAS SCOTT: Any on the questions?
10:34:33 Thank you very much.
10:34:34 We'll move to item 76.
10:34:36 Item 76.
10:34:42 >>BRAD BAIRD: Tampa water department.
10:34:45 I'm here to talk to you about item 76, which is a
10:34:49 report on water use restriction enforcement, provided a
10:34:54 written report last week on January 14th, as a
10:35:01 result of several questions from councilman Caetano.
10:35:06 We can do this either by -- I can answer those
10:35:10 questions, give a summary, at your pleasure.
10:35:22 I'll proceed with a summary of that report.
10:35:25 Florida statutes and water management district require
10:35:28 that local governments provide resources to enforce
10:35:32 water use restrictions.
10:35:34 Additionally, our water use permit requires best
10:35:37 management practices be employed, which include water
10:35:41 restriction enforcement.
10:35:44 The City of Tampa has had a successful water use
10:35:47 restriction enforcement program for over 20 years.
10:35:54 I have some 2009 enforcement facts that answer
10:35:59 councilman Caetano's questions, I think.
10:36:03 The services are provided by a contractor.
10:36:06 The name of the contractor is Techstaff of Tampa Bay.
10:36:11 Working on enforcement.
10:36:13 There are eight. Three full time and five part time.
10:36:20 The patrol officers are seven days a week, 24 hours a
10:36:25 Number of citations issued in fiscal year 2009, 1838.
10:36:32 Costs associated with enforcement total approximately
10:36:35 $245,000 a year.
10:36:40 The fines that were assessed in fiscal year 2009 amount
10:36:43 to $193,000.
10:36:46 The fines collected through the end of calendar year
10:36:53 2009 are approximately $180,000 or about 93% of the
10:37:01 fines assessed.
10:37:04 And the collections activity for the unpaid fines
10:37:07 remains ongoing.
10:37:08 And that is accomplished by Hillsborough County clerk
10:37:13 of the court.
10:37:18 I hope that answers the questions.
10:37:21 >>JOSEPH P. CAETANO: I feel we should keep the
10:37:30 enforcement going because people, I think, are adhering
10:37:33 to the water regulations.
10:37:34 >>BRAD BAIRD: I do.
10:37:37 And it's -- as I said, it's required by law, and
10:37:41 required by our permit.
10:37:44 So I don't know that we have a choice in that matter.
10:37:50 But even if we didn't have a choice, I would recommend
10:37:53 that we continue, given that we issued 1800 citations
10:37:58 last year.
10:37:59 There are still folks out there that do not comply with
10:38:03 So I would strongly recommend that we continue down
10:38:06 that path.
10:38:06 >>JOSEPH P. CAETANO: Does it tell you how many people
10:38:09 you need to employ in that department, and say that you
10:38:12 need enforcement of it.
10:38:13 But does it dictate how many personnel you need to be
10:38:18 doing that?
10:38:20 >> No.
10:38:21 We leave that up to the contractor to determine what
10:38:26 level he needs to provide seven-day a week, 24-hour
10:38:34 >> How are the contractors chosen?
10:38:36 >> He has eight people, three full-time, five
10:38:40 >> That's not my question.
10:38:41 How was he chosen?
10:38:42 >> Oh, how was he chosen?
10:38:44 I'm sorry.
10:38:45 Through the bid process, I believe, through the
10:38:49 purchasing department.
10:38:50 >> And how long of a contract does he have?
10:38:53 >> He has, I believe, a year contract renewable by an
10:38:59 additional year, or maybe an additional two years.
10:39:01 I'm not positive.
10:39:02 >> Can you find out for me, please?
10:39:07 >> We can do that, yes.
10:39:08 >> Let me know.
10:39:09 So you feel that we should still, because it's a losing
10:39:13 proposition, the way I look at it, 245,000, collected
10:39:23 Are we paying an agency to collect this money or is it
10:39:25 the clerk of court pursuing it when it gets to a
10:39:30 certain point that they don't pay, what happens then?
10:39:33 >> It's the Hillsborough County clerk of court is
10:39:35 responsible for collections.
10:39:36 I don't know their process.
10:39:39 But we can certainly find out what that process is and
10:39:43 get back with you on that.
10:39:44 >>THOMAS SCOTT: Councilwoman Saul-Sena, Councilwoman
10:39:52 >>LINDA SAUL-SENA: Quick question.
10:39:53 How do people know if folks have reclaimed water?
10:39:58 How do the enforcers of the rules know if the
10:40:02 particular property owners have reclaimed water, and
10:40:04 are therefore a allowed to water when people who don't
10:40:06 have reclaimed water are not allowed to?
10:40:12 >> Our enforcement officers have a database.
10:40:14 It shows which addresses have reclaimed water and which
10:40:17 do not.
10:40:18 >> And wouldn't you say that part of this is not just
10:40:21 to make up the money we are spending on the
10:40:23 enforcement, but to successfully conserve water, and
10:40:26 the fact that people know that there's 24-hour-oh-day,
10:40:33 could you expand on that a little?
10:40:34 >> Right.
10:40:35 This is one best management practice that we use to
10:40:39 conserve water.
10:40:39 And it's an important piece of the puzzle.
10:40:42 No question.
10:40:43 >>LINDA SAUL-SENA: Thank you.
10:40:45 >>MARY MULHERN: Actually, I'm impressed by a couple
10:40:52 It looks like you're almost paying for it.
10:40:56 >> Almost.
10:40:58 >>MARY MULHERN: And the collection rate is pretty
10:41:00 good, too.
10:41:00 So not just the fines.
10:41:04 So I'm wondering if maybe we looked at this again in
10:41:07 six months, is it possible we could raise the fines a
10:41:12 little bit so that we would be covering our costs?
10:41:18 I don't know what fines we are charging right now.
10:41:22 >>> Yeah.
10:41:23 I believe first offense is $100.
10:41:26 Second offense is 200.
10:41:28 Third offense is 450.
10:41:30 >>JOHN DINGFELDER: I think we raised it last year.
10:41:37 >>BRAD BAIRD: We did revise it last year.
10:41:40 I think the third tier, the third one rerevised to
10:41:44 allow the courts.
10:41:45 I think the maximum you can assess is $500, and that
10:41:48 allows them to tack on an additional $50.
10:41:53 >>MARY MULHERN: You know, we haven't talked about this
10:41:56 in awhile.
10:41:57 We are getting in dry season again.
10:41:58 So we will be talking about it.
10:42:00 But we did talk about the possibility of having a
10:42:10 structured system where the people who were using more
10:42:15 water, so maybe cheating more per gallon or something,
10:42:22 so that those fines would be higher, or maybe the
10:42:25 second or third offense only would be higher?
10:42:27 I don't know.
10:42:28 Just some things to think about if you really want to
10:42:30 make it pay for itself.
10:42:31 >>BRAD BAIRD: We are always reviewing those, of course
10:42:38 in, line with other municipalities in the Tampa Bay
10:42:41 And right now with the fines we have set up, we are in
10:42:45 line with the other municipalities and agencies in the
10:42:51 SWFWMD area, so we can continue to look at that and
10:42:55 make sure they are in line again.
10:42:57 They are appropriate fines for that offense.
10:43:00 >> So if it looks like we are below what on the people
10:43:07 are charging, maybe it would be worth looking at that.
10:43:09 So maybe revisit it in six month.
10:43:12 >>BRAD BAIRD: Yes.
10:43:13 >>THOMAS SCOTT: Councilman Dingfelder, councilman
10:43:18 >>JOHN DINGFELDER: I guess the way I look at it is we
10:43:21 have traffic rules, no speeding, you know, that sort of
10:43:24 thing, and we hire policemen to enforce those rules.
10:43:29 We have water rules as a society, don't use too much,
10:43:31 and use it on the right day and that sort of thing, the
10:43:34 right time and we need to enforce that.
10:43:38 It just so happens we do that with the private.
10:43:41 We have always done it with a private vendor or maybe
10:43:44 we switched over.
10:43:45 At the end of the day, as a you have indicated on this
10:43:47 report, it's virtually a break-even financially.
10:43:51 So it looks like this is one program that's working
10:43:56 real well.
10:43:57 And I think if it's not broke, don't fix it.
10:44:03 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.
10:44:06 First of all thank you for the outstanding job you have
10:44:09 done in the water department.
10:44:10 I was interviewed the other day, I believe, by a
10:44:13 professor of Harvard on water, last Tuesday.
10:44:16 And it's amazing how much we have done in a period of
10:44:24 You know, we used to have 133 gallons per person per
10:44:29 We are down to 99 and now I think I got a report this
10:44:32 morning that you are approaching 93 gallons per
10:44:35 So the showers are getting smaller and faster, which is
10:44:40 The outside water use is getting less.
10:44:42 However, let me say this.
10:44:44 Because we have all gotten better at doing what we do,
10:44:47 that's conserving water, the water department got about
10:44:53 $10 million in revenue which is not a good thing.
10:44:56 But we are doing the right thing by having less water
10:44:59 What I read that part about reclaimed water, yesterday
10:45:04 you had ample reclaimed water.
10:45:05 But if you look through the future, 15, 20 years from
10:45:08 now, and you put that reclaimed water to use, somewhere
10:45:11 along the lining, some future councils are going to
10:45:14 have to address that, because reclaimed water is not
10:45:17 going to be readily available.
10:45:19 It will be available and should be available to the
10:45:22 system that we put into the city.
10:45:26 Whatever has to be done to maintain it.
10:45:29 And I think when I came back from retirement, well, it
10:45:33 wasn't really retirement, I just didn't get enough
10:45:38 You folks have now approaching 4,000 reclaimed water
10:45:43 users in the city.
10:45:44 When I came back from not getting enough votes, I
10:45:47 believe it was somewhere around 26, 2700.
10:45:50 So the drought has helped.
10:45:53 The good work has helped.
10:45:54 The effort has helped.
10:45:55 And we are going in the right direction.
10:45:59 The airport coming on.
10:46:00 I am not opposed to using that reclaimed water for big
10:46:10 They pay for the pipeline, they pay for this to get
10:46:13 water for free for so many years to get the investment
10:46:15 back, and then they start charging.
10:46:17 That could be something that could be worked out with
10:46:19 other authorities, of big business.
10:46:22 Always want to keep in mind that we should have enough
10:46:24 reserve, in that reclaim system to go back and do
10:46:30 something that will be called indirect reuse.
10:46:33 And that's coming up pretty soon.
10:46:35 In fact, there is a University of South Florida on the
10:46:37 15th that's having some issues on that coming up
10:46:41 with different doctors and people who know about this
10:46:46 and what it means to an area.
10:46:48 I myself is paying the way of a noted speaker from
10:46:50 California to come in, not the city, but I.
10:46:54 So I'm not trying to take credit for anything but this
10:46:57 is going to happen on the 15th at the University of
10:46:59 South Florida.
10:47:00 Thank you.
10:47:00 >>THOMAS SCOTT: Any other questions?
10:47:07 >>JOSEPH P. CAETANO: I want to thank you for coming
10:47:09 here and answering these questions.
10:47:10 I have a couple more questions.
10:47:12 There's $245,000 contract on top of that you have the
10:47:15 operation of the vehicles which our vehicles would pay
10:47:19 for the gas and insurance, whatever we have.
10:47:20 So it's more than $245,000.
10:47:25 Do you have a total cost of what it costs for the
10:47:31 >>> Councilman, the contract is for 195,000 for the
10:47:35 The remaining costs listed in the report total up you
10:47:39 to the $245,000 and that includes the mailing, the
10:47:44 filing fees, and the vehicles and cell phones that are
10:47:47 used by the officers.
10:47:51 So the contract -- and I did get an answer to your
10:47:54 question on the contract -- the current contract
10:47:59 expires November -- I can't read the writing here -- of
10:48:06 And we will rebid that contract.
10:48:11 And the current contract has one year with four
10:48:18 one-year renewals.
10:48:19 But obviously we are in the last renewal year.
10:48:21 So at some time I would respect during the early sum
10:48:26 mer we would put that out to bid.
10:48:29 >>THOMAS SCOTT: Motion to receive and file?
10:48:33 >> So moved.
10:48:34 >> Second.
10:48:35 >>THOMAS SCOTT: Moved and seconded.
10:48:36 All in favor signify by saying Aye.
10:48:41 We are on item 77.
10:48:43 We have a substitution.
10:48:43 >>> We do have a substitution on item 77.
10:48:53 It was some minor revisions, and also corrections
10:48:58 associated with matching the hours, if the water
10:49:03 management district were to go to two-day-a-week
10:49:10 Less stringent restrictions.
10:49:12 We wanted to match the hours of Hillsborough County
10:49:15 which are slightly more restrictive than the water
10:49:18 management district.
10:49:19 That's what the substitution is about.
10:49:21 >> So we need to read it foe for first reading
10:49:24 >>BRAD BAIRD: Yes.
10:49:25 I have an overview, if you like.
10:49:27 >>GWEN MILLER: An ordinance of the city of Tampa,
10:49:34 Florida amending City of Tampa code of ordinances
10:49:37 chapter 26, utilities, article II, water, section
10:49:41 26-97; making revisions to the code provisions relative
10:49:46 to water conservation to provide consistency with the
10:49:50 Southwest Florida Water Management District water
10:49:53 conservation requirements and to provide increased
10:49:57 consistency among Tampa and county residents; providing
10:50:00 for repeal of ordinance 2009-81 and all ordinances in
10:50:05 conflict; providing an effective date.
10:50:07 >>CHARLIE MIRANDA: Mr. Chairman, I just want to say
10:50:11 that Mr. Baird head of the water department, all water
10:50:18 don't come from the same source.
10:50:20 Most of all water comes from the river.
10:50:21 But at any time that the river all of a sudden takes a
10:50:24 dip -- I hope it doesn't -- that we revert, go back to
10:50:29 something more strict.
10:50:31 >>BRAD BAIRD: Yes.
10:50:33 And we always have the option to go back, take it more
10:50:38 This would not preclude that.
10:50:39 >>THOMAS SCOTT: So this ordinance will be in line with
10:50:42 Hillsborough County, and with the southwest water
10:50:46 management department.
10:50:47 It been moved and seconded.
10:50:49 Motion by councilman Miller, seconded by councilman
10:50:53 All in favor signify by saying Aye.
10:50:56 >>THE CLERK: Motion carried with Mulhern being absent.
10:50:59 Second reading and adoption will be on February 4th
10:51:01 at 9:30.
10:51:02 >>THOMAS SCOTT: Item 78.
10:51:04 Item 78.
10:51:10 This wasn't to appear.
10:51:12 It was a motion to receive and file.
10:51:14 Is that right?
10:51:15 >> Yes.
10:51:16 >>CHARLIE MIRANDA: So moved.
10:51:19 >> Second.
10:51:19 >> All in favor?
10:51:24 >>JOHN DINGFELDER: Mr. Chairman, quick comment on item
10:51:27 I want to express my appreciation to Mr. Miranda on
10:51:31 Because it was a problem over there with people jumping
10:51:33 that curb and abusing the Carver City Lincoln Gardens
10:51:39 Thank you for pointing that out.
10:51:41 >>THOMAS SCOTT: 79 is continued.
10:51:51 Item 80.
10:51:51 >>JULIA COLE: I want to thank you for the opportunity
10:51:54 to learn about this because I had no idea what they
10:52:00 But now that I had an opportunity to learn what it is
10:52:03 and what I can report to you today is it's really not
10:52:06 going to come to you all in one set of code changes.
10:52:12 It will be in different parts of the implementation of
10:52:13 our comprehensive plan, and also implementation of
10:52:18 form-based codes, because what I am told is a big part
10:52:20 of form-based code is the concept of -- the code is
10:52:29 coming to you as a comprehensive plan, text amendment,
10:52:32 map amendment.
10:52:33 I believe at the end of February for I think first
10:52:38 reading on transmittal of an ordinance for
10:52:41 implementation in the comprehensive plan, and that
10:52:43 would be the first opportunity for us to look at a form
10:52:49 based code, the implementation further down the line of
10:52:54 programs in Seminole Heights ^.
10:52:57 Additionally, as we have gone forward in setting our
10:52:59 TCA policies in the comprehensive plan that we will be
10:53:01 implementing, it's also a good opportunity to utilize
10:53:04 the concept of complete sheets of the mechanism to
10:53:07 implement our transportation currency exception areas,
10:53:12 comprehensive plan revisions, as well as our urban
10:53:15 design provisions within our comprehensive plan.
10:53:17 I believe there is going to be just a brief discussion
10:53:22 in February to describe the public outreach program
10:53:25 that they are doing for the TCA policies and the
10:53:30 manuals that will be put in place for those, and the
10:53:33 whole package, I think, will be coming to you as part
10:53:35 of your July chapter 27 amendment cycle.
10:53:38 >>LINDA SAUL-SENA: Mr. Chairman?
10:53:44 This is good.
10:53:45 I wish it were happening, you know, in a more timely
10:53:48 But we are moving in the right direction.
10:53:50 The opportunities that I'm concerned about of us
10:53:53 overlooking are immediate opportunities as the
10:53:56 transportation department does maintenance and has the
10:54:00 opportunity to create bike lanes.
10:54:02 I don't believe -- I believe that there is a disconnect
10:54:05 currently between our comprehensive plan that's been
10:54:08 adopted and the daily functioning of our transportation
10:54:12 department when they do maintenance.
10:54:15 >> Well, the purpose of this I understood to be more in
10:54:20 the zoning context so I didn't gather that information.
10:54:23 However, in discussing the matter with our
10:54:25 transportation staff, I do understand that they do have
10:54:27 some pilot programs that they are working disorder as
10:54:30 they are making decisions on upgrades to roadways.
10:54:34 So you may want to make a request for them to come back
10:54:37 and give you more information on that.
10:54:39 This is really the context of this motion was really
10:54:42 more for from a regulatory perspective.
10:54:44 >> Well, I guess I saw implementation as both
10:54:47 regulatory and then actually getting stuff done.
10:54:50 >> Yes.
10:54:51 I would recommend.
10:54:52 I do understand that they have the pilot programs, that
10:54:55 they have been working with the MPO plan, and actually
10:54:58 the transportation folks are the people I called about
10:55:03 what is this complete streets concept?
10:55:05 And I have to tell you, Calvin Thornton and has taken
10:55:15 this on and given me a lot of information.
10:55:18 I think it is fair to say there is a level of
10:55:20 excitement within the transportation department, and
10:55:21 that has caused them to move forward with some
10:55:25 programming on that and I would probably suggest that
10:55:26 you ask him to come back and give us a further report
10:55:29 on that I shall.
10:55:29 >> You thank you for your report and what we are doing,
10:55:31 and I am glad we are moving ahead with this.
10:55:33 Mr. Chairman, if I could, I would like to ask for
10:55:35 transportation to specifically report back to us at our
10:55:40 first meeting in February and written report on the
10:55:42 model programs that we are doing to implement complete
10:55:47 >> Is there a second?
10:55:48 It moved and seconded by Councilwoman Mulhern.
10:55:51 All in favor signify by saying Aye.
10:55:54 Item 81.
10:55:55 Item 81.
10:55:56 >>GWEN MILLER: Move to receive and file.
10:55:59 >>MARY MULHERN: Second.
10:56:00 >>THOMAS SCOTT: It's moved and seconded.
10:56:02 All in favor signify by saying Aye.
10:56:04 Item 82 is continued.
10:56:09 That concludes our morning agenda.
10:56:10 >>MARTIN SHELBY: Mr. Chairman, if the council wishes
10:56:12 to take up.
10:56:13 I don't know whether you have the gentleman here who --
10:56:19 the gentlemen who have applied for the position.
10:56:22 >>THOMAS SCOTT: Oh, yes, yes, yes.
10:56:23 >> The barrio and the enterprise zone.
10:56:27 >>THOMAS SCOTT: I was hand add a note by the clerk.
10:56:29 Thank you.
10:56:30 Always good to be reminded by two or three our four
10:56:35 All right.
10:56:36 The applicants are here.
10:56:36 >>MARTIN SHELBY: Councilman Miranda did raise an
10:56:44 interesting and valid question regarding qualification
10:56:46 of the BLC and I wanted to direct your attention to
10:56:50 section 27-182, lists several categories from which the
10:56:59 mayor makes her appointments.
10:57:01 Those are from the greater Tampa Chamber of Commerce,
10:57:03 one from the Ybor City Chamber of Commerce, one
10:57:04 registered architect in the State of Florida who
10:57:06 resides in the city and has demonstrated an active
10:57:09 interest, in the purposes of this in architectural
10:57:14 history, one arborist or horticulturalist, or landscape
10:57:21 In pointing members City Council shall include one from
10:57:24 the Ybor City Chamber of Commerce, one attorney
10:57:28 licensed to practice in the state who reside in the
10:57:30 city and one registered architect in the State of
10:57:35 Florida, who resides in the city, and demonstrated an
10:57:38 active interest in the purposes of this part in
10:57:42 training and experience in architectural history, one
10:57:44 who shall be a resident of the Ybor City historic
10:57:48 The two alternate members may be from any of the
10:57:51 categories set forth above.
10:57:55 So that is not a "shall" but that raises a question
10:58:00 that if the City Council feels that this board is of
10:58:03 such a caliber that it requires those categories in the
10:58:07 event that an alternate does end up serving that you
10:58:09 can be from any of the categories that I set forth
10:58:12 So one of the questions you might want to inquire of
10:58:17 the gentleman applying for the BLC assuming that
10:58:22 council feels it's necessary to have that
10:58:24 >>SHIRLEY FOXX-KNOWLES: City clerk.
10:58:30 Council, I wanted to note that this is a two-year term.
10:58:33 And it will be beginning this month and go on to
10:58:39 January 2012.
10:58:42 Would you like to hear from?
10:58:52 >>THOMAS SCOTT: State your name and address for the
10:58:53 record. About a minute.
10:58:54 >> I live at 1011 Peninsula Street in Tampa, Florida.
10:59:02 I want to touch on what he was mentioning. I do not
10:59:06 meet any of those qualifications.
10:59:08 I did receive my bachelors in business and I do have
10:59:12 Hispanic background.
10:59:13 So that's what pretty much brought me forward and
10:59:16 brought my interest to the Barrio Latino commission
10:59:26 I will start my three-minute presentation.
10:59:28 >>CHARLIE MIRANDA: He just told you that you have one
10:59:31 >> One minute.
10:59:32 I'm sorry.
10:59:33 Obviously, the position requires a person that is going
10:59:36 to deliver and also bring forward and preserve the
10:59:39 history and the architecture of the historic district.
10:59:42 My goal is to do the exact same thing to bring that
10:59:45 forward to keep what has kept Ybor City, what has been
10:59:50 for over a century now.
10:59:51 I want to continue to focus on what's important for not
10:59:55 only the community but also the surrounding
10:59:57 And also for the City of Tampa as well, continue to
11:00:01 make Ybor City that destination spot that everybody
11:00:04 likes to come to and enjoy as well as the members that
11:00:09 live within the community.
11:00:10 I would like to also bring forward a my education that
11:00:17 I completed here as well and want to pretty much
11:00:19 emphasize very strongly on what I believe is very
11:00:21 important for the City of Tampa and including Ybor
11:00:24 City, because Ybor City is a great community.
11:00:26 (Bell sounds).
11:00:28 >>THOMAS SCOTT: Councilman Miranda.
11:00:29 >>CHARLIE MIRANDA: I want to make sure that this
11:00:31 individual or any others that are applying for this
11:00:33 position or other positions, we ask these questions not
11:00:37 because of the individuals who have applied, but we
11:00:40 want to make sure that legally, and we are bound by the
11:00:44 statutes that govern these appointments.
11:00:47 And the decisions by these boards could be challenged
11:00:53 and one of the challenges is that the board members
11:00:54 themselves should not have been approved.
11:00:57 So these are the things that we are thinking not only
11:00:59 of today, but tomorrow, but for many years to come to
11:01:02 make sure that we become better stewards of the laws
11:01:08 and regulations that we have.
11:01:10 I don't have any other way of putting it.
11:01:13 Thank you very much for applying.
11:01:13 >>LINDA SAUL-SENA: My question isn't for you, it's for
11:01:19 Mr. Shelby.
11:01:20 And that is according to the rules a person has to be
11:01:23 in one of the categories, correct?
11:01:29 >>> Gentlemen.
11:01:29 If they were applying as a member rather than an
11:01:33 alternate member.
11:01:34 >> An alternate member -- could you re-read it for us?
11:01:38 >> Yes.
11:01:41 The exact line is that the two alternate members may be
11:01:44 from any of the categories set forth above.
11:01:47 Now, "may" is permissive as opposed to "shall" which is
11:01:53 That is the way the code is crafted.
11:01:54 If council wishes to have the interpretation, be
11:01:59 strictly interpreted, cot change could "shall."
11:02:04 You have the flexibility.
11:02:05 However, the fact that it's in there, it duties set
11:02:08 forth the parameters that one could argue that when
11:02:13 this was drafted that it was the desire that you have
11:02:17 the ability or the -- the ability to assist, if council
11:02:24 wishes to do so, that you do be a member of any one of
11:02:28 those categories.
11:02:32 If you choose not to, then obviously the word "may"
11:02:36 makes it permissive, that you don't have to.
11:02:38 The issue obviously is this is a board that hears
11:02:47 judicial matters that does affect land use decisions,
11:02:49 that does impact the Ybor City historic district
11:02:55 So in that sense it's in the City Council's discretion
11:02:59 as to what qualifications if you wish to strictly
11:03:01 interpret it and have somebody fit the qualifications
11:03:03 that serve your desire for the BLC to serve the
11:03:09 >>LINDA SAUL-SENA: Can I ask a question of our
11:03:13 attorney for the BLC about absenteeism and how
11:03:16 frequently an alternate is used and what issues we have
11:03:18 had getting quorums, and if you think because of the --
11:03:23 Mr. LEMES, you are great and I am happy you applied.
11:03:27 The barrio is not like a general kind of board.
11:03:30 It's real specific architectural review board for Ybor
11:03:33 City, and that's why we are so specific in wanting
11:03:36 people with a specific sort of decline or legal
11:03:40 background to serve as opposed to a general background.
11:03:43 So if could you speak to that, Rebecca.
11:03:45 >>REBECCA KERT: Currently, I will tell you that I
11:03:48 believe it used on a fairly regular basis, not
11:03:52 necessarily to achieve a quorum but to achieve the full
11:03:56 board, the full seven members.
11:03:59 The only other thing that I would like to add is as a
11:04:02 certified local government for historic preservation,
11:04:06 we are certified by the state and that's what allows us
11:04:07 to get the tax exemptions that you all review and
11:04:11 They do have requirements that our membership are from
11:04:14 the professional categories that are listed.
11:04:17 And I just wanted to make you aware of that.
11:04:19 >>LINDA SAUL-SENA: What would your recommendation be
11:04:21 based on what you said?
11:04:23 >>REBECCA KERT: City Council, my recommendation would
11:04:25 be, it's a conservative one, to make sure that your
11:04:29 compliance with your certified local government is that
11:04:31 you do appoint people who are in one of the categories
11:04:36 even for your alternate positions.
11:04:38 >>LINDA SAUL-SENA: Thank you.
11:04:44 Mr. Chairman, you had expressed an interest in perhaps
11:04:48 serving on another board in addition to this.
11:04:50 My recommendation would be that we readvertise seeking
11:04:54 somebody in the specifically designated category, and
11:04:59 that we don't approve this right now but we
11:05:06 That would be my motion.
11:05:07 >>THOMAS SCOTT: Let me raise a question with the
11:05:12 How many times has this been advertised?
11:05:14 >>SHIRLEY FOXX-KNOWLES: We have advertised several
11:05:19 Shirley Foxx-Knowles, city clerk.
11:05:21 This term expired in '09 a year ago.
11:05:24 So we have been advertising quite a bit.
11:05:25 >>GWEN MILLER: So that's my point.
11:05:28 I mean, my position is the gentleman has a desire, has
11:05:33 a passion, want to serve.
11:05:34 He's applied.
11:05:37 The word "may" instead of "shall" is in there.
11:05:41 I think from my standpoint, you know, we should let got
11:05:46 with this one.
11:05:47 >>MARY MULHERN: Would you read the list of categories
11:05:53 There might be some category that he might be able to
11:05:55 I don't know that there is.
11:05:57 But one of them.
11:06:00 >>MARTIN SHELBY: (off microphone) I'm sorry.
11:06:16 Includes one from the Hillsborough County historical
11:06:18 commission, the Tampa historical society, Tampa
11:06:20 Preservation, Inc., or the Ybor City museum society,
11:06:23 one from the greater Tampa Chamber of Commerce, one
11:06:27 from the Ybor City Chamber of Commerce, one registered
11:06:31 architect in the State of Florida who resides in the
11:06:33 city and has demonstrated active interest in the
11:06:36 purposes of this part through training or experience in
11:06:39 architectural history, one arborist or
11:06:41 horticulturalist, in pointing members, City Council
11:06:45 shall include one from the Ybor City Chamber of
11:06:48 Commerce, one attorney licensed to practice in the
11:06:50 state who resides in the city, who has demonstrated
11:06:53 active interest in historic preservation, one
11:06:55 registered architect who resides in the city and
11:06:58 demonstrated active interest in this part through
11:07:00 training or experience in architectural history, one
11:07:03 who shall be a resident of the Ybor City historic
11:07:07 >>MARY MULHERN: I don't would like to suggest.
11:07:12 I don't know if you can join but it seems you should be
11:07:15 able to join the Ybor City Chamber of Commerce.
11:07:18 Or maybe you are already a member.
11:07:20 >> The company I work for is also a member as well.
11:07:24 And my petition has been processed.
11:07:27 >> So you are a member of the Ybor chamber?
11:07:30 Your company is?
11:07:33 >> Actually, I'm sorry, correction.
11:07:35 That was for the City of Tampa, not necessarily through
11:07:39 >>MARY MULHERN: Well, whether we approve this or not,
11:07:44 if you are really interested, I think you should get in
11:07:47 touch with the Ybor City Chamber of Commerce and see if
11:07:49 you can join.
11:07:50 >> Can I offer a suggestion?
11:08:03 This is this paramount that it be done today?
11:08:07 Can we do it in a week or two weeks?
11:08:10 Would it be to any detriment if we just wake two weeks
11:08:16 to the city and the barrio?
11:08:18 It gives the applicant the opportunity to meet one of
11:08:20 the criterias.
11:08:22 I think there's five bullets there.
11:08:24 And I haven't heard anything detrimental but I haven't
11:08:29 heard anything that would leave us on sound legal
11:08:33 If the applicant meets one of those five, then the
11:08:35 applicant is the applicant.
11:08:37 Right now, we don't know the applicant is the
11:08:40 That's what I am trying to convey.
11:08:49 (Speaking Spanish).
11:08:51 >> Are you maybe ago motion?
11:08:54 >>CHARLIE MIRANDA: I'm making a motion for two weeks to
11:08:56 continue this process for two weeks and maybe one of
11:08:58 those five bullets --
11:09:02 >>MARTIN SHELBY: I was going to ask you first to
11:09:03 reconsider the appointment which had been made
11:09:07 >> So moved.
11:09:09 >>CHARLIE MIRANDA: Second.
11:09:09 >>THOMAS SCOTT: All in favor?
11:09:14 >>CHARLIE MIRANDA: Make a motion to hold this open
11:09:16 position for a period of two weeks.
11:09:18 >> Second.
11:09:20 I just wanted to say that I don't think you can become
11:09:23 an attorney or architect in two weeks, but could you
11:09:26 probably join the Ybor City chamber.
11:09:28 >>MARTIN SHELBY: The date again is February 4th at
11:09:37 >>THOMAS SCOTT: Motion and second.
11:09:40 All in favor?
11:09:41 Thank you.
11:09:48 Come on down.
11:09:49 >> Don't be scared.
11:09:53 [ Laughter ]
11:09:54 >> My name is Matthew Kemp.
11:09:56 And I submitted an application for consideration to the
11:09:59 enterprise zone development agency.
11:10:02 Three minutes or one minute?
11:10:04 >> One minute.
11:10:04 >> Okay.
11:10:05 I currently own a small business, I have a significant
11:10:11 amount of free time and I have been a volunteer in the
11:10:16 city that fits my interest and background.
11:10:19 My education is completely in finance banking.
11:10:21 I have a degree from university in Florida, in
11:10:25 economics, university of Chicago, Raymond James
11:10:29 financial, Citibank, and my first job out of college
11:10:33 was for Columbia bank, which was Ybor City, and I have
11:10:38 learned since my return from Chicago has been sold or
11:10:41 Start add number of small businesses.
11:10:43 And I think that my experience in hiring employees,
11:10:46 seeking rental locations would be valuable to this kind
11:10:49 of position we are trying to attract to areas that are
11:10:54 maybe depressed or not so attractive otherwise.
11:10:57 Again I'm just looking for ways to volunteer other than
11:11:01 coaching little league, soccer and I think I would be a
11:11:07 good fit.
11:11:07 >>LINDA SAUL-SENA: Great.
11:11:08 >> Move to send to Kemp to the enterprise --
11:11:14 >>MARTIN SHELBY: I believe a motion has already been
11:11:16 made to that effect on this one.
11:11:18 And I think the question is -- and I had a brief
11:11:21 opportunity to discuss this -- that again the reminder
11:11:25 that this does expire, this term is to fill an
11:11:30 unexpired term that does expire on May 25th, 2010.
11:11:34 I have been told that council has done this in the
11:11:37 I don't see any legal bar to it.
11:11:38 I guess you may want to inquire of this gentleman if he
11:11:41 wishes to.
11:11:42 I understand that then council would be extending this
11:11:45 term to May 25th, 2012 and if he's willing to
11:11:49 undertake that.
11:11:49 >> It's a four-year term.
11:11:51 >>MARTIN SHELBY: Oh, it's a four-year term.
11:11:53 I'm sorry.
11:11:53 >>JOHN DINGFELDER: So we can do that today?
11:11:57 >>GWEN MILLER: If he's willing to accept that.
11:11:59 >>MARTIN SHELBY: Otherwise you have to take the
11:12:04 But you have done this in the past before.
11:12:05 >>JOHN DINGFELDER: I would amend our earlier motion
11:12:09 then to fill this short-term until May but continue it
11:12:12 for four years thereafter.
11:12:14 Is that okay?
11:12:15 >> That would be great.
11:12:16 >>THOMAS SCOTT: Is there a second?
11:12:21 >>LINDA SAUL-SENA: Second.
11:12:21 >>THOMAS SCOTT: Moved and seconded.
11:12:23 All in favor signify by saying Aye.
11:12:28 >>LINDA SAUL-SENA: Thank you.
11:12:31 >>JOHN DINGFELDER: Double the pay.
11:12:35 >>THOMAS SCOTT: New business?
11:12:40 Councilman Caetano, do you have any today?
11:12:45 Councilwoman Saul-Sena, do you have any new business?
11:12:50 >>LINDA SAUL-SENA: There is a symposium being hosted
11:12:53 at the University of South Florida on water.
11:12:57 And we are going to pass out the fliers to all of you.
11:13:00 It's unfortunately scheduled for next Thursday evening.
11:13:03 And I said, oh, no, that's bad for City Council
11:13:08 Maybe we can tell our constituents about it.
11:13:09 There will be a follow-up in February.
11:13:11 It's to discuss how to have safe drinking water.
11:13:13 They are having people from their public health
11:13:15 department as well as their engineering department and
11:13:19 global solutions on the panel.
11:13:21 And it promises to be really substantive and objective.
11:13:25 Thank you.
11:13:26 >>GWEN MILLER: Nothing, Mr. Chairman.
11:13:30 >>CHARLIE MIRANDA: I would like to have a commendation
11:13:33 made for Barbara Kendrick who is retiring after 44-plus
11:13:37 years for February, in the morning, the 18th, 2010.
11:13:40 >>THOMAS SCOTT: Moved and seconded.
11:13:45 All in favor?
11:13:46 >>CHARLIE MIRANDA: There is also another event at the
11:13:49 University of South Florida on the 15th.
11:13:51 And it will be there from individuals who know a lot
11:13:55 more than a lot of people know about indirect use known
11:14:03 from throughout the United States to give a speech and
11:14:05 heighten the community on what it is.
11:14:08 Thank you, Mr. Chairman.
11:14:09 >>MARY MULHERN: I just want to ask Mr. Miranda what
11:14:13 time that was, if you know.
11:14:15 >>CHARLIE MIRANDA: I don't know but I think it in the
11:14:19 evening, around six.
11:14:20 But I'll let you know.
11:14:22 >>GWEN MILLER: 7 p.m.
11:14:24 >>JOHN DINGFELDER: A few brief things.
11:14:30 One, there was an article in the Tribune the other day
11:14:33 about our very own TPD lieutenant Roger Picard and
11:14:38 Brian Smithey, the officers that we sent down with our
11:14:46 canines to Haiti and the article indicates at that
11:14:49 point they had already rescued eight people out of the
11:14:53 So when they get back, and they are all rested and
11:14:56 everything, I would like to have council bring them in
11:15:00 with the chief for a commendation.
11:15:02 >> Second.
11:15:04 >>THOMAS SCOTT: All in favor?
11:15:09 >>JOHN DINGFELDER: And the other two are just
11:15:11 I'm sure that council saw in the newspaper yesterday
11:15:14 our very own former Congressman Sam Gibbons celebrating
11:15:19 his 90th birthday.
11:15:21 Sam is such a great legend having jumped into D-Day,
11:15:24 served in Tallahassee, served more than 35 years in
11:15:27 Washington, brought our community so many wonderful
11:15:29 things like the skyway and the bypass canal and the
11:15:33 University of South Florida and everything else.
11:15:35 It just goes on and on and on.
11:15:37 But hard to believe.
11:15:39 He looks so good and he's doing so well.
11:15:41 I just want for council to wish him well.
11:15:45 Then finally, I couldn't help but point this out to
11:15:48 Mary a minute ago.
11:15:49 In Ybor City on February 27th, according to our
11:15:51 agenda, it's flan-fest.
11:15:55 I want to make sure we all go out there and fill up on
11:16:00 >>THOMAS SCOTT: Flan fight.
11:16:08 I want to make a motion, need to make a motion, a
11:16:12 letter of support for the all-star week.
11:16:21 >> Second.
11:16:22 >>GWEN MILLER: All in favor?
11:16:25 >>JOSEPH P. CAETANO: For some time I have been trying
11:16:28 to get lights put on County Line Road.
11:16:30 We have a major shopping center there now.
11:16:32 And there's a lot of traffic there.
11:16:34 The only lights that exist are in front of Grand
11:16:38 There's about eight lights.
11:16:40 And I want to make sure that Mr. Daignault follows
11:16:45 through with Hillsborough County public works
11:16:48 I see they contacted him by phone.
11:16:50 I don't know how far, but I think we need a written
11:16:56 letter to public works that they need to do something
11:16:59 with the streetlights, because I understand the county
11:17:02 is in charge of that.
11:17:07 Another thing on Bruce B. Downs.
11:17:08 There was an incident last week where I ended up
11:17:11 calling Mr. Slater, why weren't they after these people
11:17:14 on the side of the road selling strawberries?
11:17:18 And there were two police officers giving a citation to
11:17:22 somebody in a car at that time, and the sergeant came
11:17:27 back to me and said they don't have jurisdiction.
11:17:28 So we need some sort of agreement with the county that
11:17:31 our code enforcement has the right, on the
11:17:34 right-of-way, to give a citation or whatever they are
11:17:36 going to give.
11:17:38 Because right now, it's terrible. There is an auction
11:17:43 house there where Circuit City was for about three
11:17:47 They plastered the signs all over the road.
11:17:50 Every day I would call code enforcement to get up
11:17:54 And it's just a futile effort.
11:17:58 It's a waste of time.
11:17:59 You take them down.
11:17:59 They put them right up again.
11:18:01 So we need some sort of better enforcement when people
11:18:04 are constant violators.
11:18:06 Thank you, Mr. Chairman.
11:18:06 >>LINDA SAUL-SENA: I want to remind everybody that our
11:18:13 downtown park is opening Sunday at 1:30, and that's
11:18:16 really exciting, and the public is welcome.
11:18:18 And it will be a great celebration of opening the
11:18:21 waterfront for the park.
11:18:23 Downtown on Ashley.
11:18:25 Next to what will be the new children's museum, Tampa
11:18:29 Museum of Art.
11:18:30 Curtis Hixon Park.
11:18:34 >>CHARLIE MIRANDA: Reclaimed water, right?
11:18:36 >>LINDA SAUL-SENA: I'm not sure about that.
11:18:38 >>JOHN DINGFELDER: It will be because I know we are
11:18:41 bringing reclaimed downtown.
11:18:44 >> I know the children will it not be playing in
11:18:47 reclaimed water.
11:18:48 >>CHARLIE MIRANDA: I have a commitment.
11:18:50 >>THOMAS SCOTT: Anything else coming before council?
11:18:54 Then we are in recess until 1:30.
11:18:56 Thanks very much.
11:18:57 (Meeting recessed.)
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12:24:12 >>THOMAS SCOTT: The Tampa City Council will now come to
01:33:44 Roll call.
01:33:47 >>LINDA SAUL-SENA: Here.
01:33:48 >>GWEN MILLER: Here.
01:33:51 >>CHARLIE MIRANDA: Here.
01:33:54 >>THOMAS SCOTT: Here.
01:33:55 >>THOMAS SCOTT: Okay, let's take up item 83, right?
01:34:05 >> Mr. Chairman, did you want to swear in the witnesses
01:34:08 for this afternoon's hearings?
01:34:10 >>THOMAS SCOTT: Okay.
01:34:11 Everybody is going to be addressing Council, stand and
01:34:15 be sworn at this time.
01:34:18 [Oath administered by Clerk]
01:34:26 >> Move to open the public hearing.
01:34:28 >> Second.
01:34:28 >>THOMAS SCOTT: All in favor signify by aye.
01:34:32 >> Mr. Chairman?
01:34:34 >>THOMAS SCOTT: Yes.
01:34:34 >> I understand there are no additional written
01:34:36 communications that have to be received and filed into
01:34:39 the record, which have been available for public
01:34:41 inspection in City Council office.
01:34:43 If any members of Council have verbal communication
01:34:46 with any party, or any member of the public in
01:34:49 connection with any of today's hearings, that member of
01:34:51 Council should prior to action disclose person to
01:34:54 person, groups or entities with whom the verbal
01:34:58 communication occurred and the substance of that verbal
01:35:02 Thank you.
01:35:03 >>THOMAS SCOTT: That means, anybody have any ex parte
01:35:06 communication, since we made that an issue last week?
01:35:12 >> Good afternoon, Mr. Chairman, councilmembers,
01:35:14 LaChone Dock, Land Development coordination.
01:35:19 Item VO 9436 for the property located 4808 east
01:35:25 Broadway avenue.
01:35:25 Property currently zoned IG, industrial general.
01:35:30 Proposed special uses to alcoholic beverage sales,
01:35:33 which allows for the sales of beverages in package form
01:35:36 only for consumption off premises.
01:35:38 This is an existing one story structure.
01:35:42 And the use is for retail sales, convenience store.
01:35:46 Location was approved for alcoholic beverage sales in
01:35:50 With conditions.
01:35:52 The area under this request is 2002 square feet.
01:35:57 The current request for approval without conditions.
01:36:00 A total of 15 parking spaces are required and 21 spaces
01:36:04 are being provided.
01:36:05 And I have an aerial of the site.
01:36:12 This is the site located here in yellow, on Broadway.
01:36:17 And 50th street.
01:36:20 It is located east of the site and the area in blue is
01:36:22 the area for proposed sale.
01:36:23 And here is a picture of the site.
01:36:27 That's the site on Broadway.
01:36:30 Another view of the site.
01:36:33 And that's the rear of the site that's looking south
01:36:38 and that's from 49th street.
01:36:40 The development review committee has reviewed the
01:36:44 petition and finds it inconsistent with applicable City
01:36:47 of Tampa Land Development regulations.
01:36:50 However, if the requested changes are made between
01:36:51 first and second reading, the development review
01:36:54 committee will amend its determines and find the
01:36:56 petition consistent with the exception of
01:36:58 transportation, whose objection is related to accessing
01:37:01 a local street.
01:37:02 And that objection will stand.
01:37:05 Council, I also handed out a site plan revision sheet.
01:37:08 It is entitled VO 9436 site plan revision sheet and has
01:37:13 today's date on it, January 21st 2010.
01:37:16 And this has been provided to the petitioner.
01:37:19 They do agree to make these changes in between first
01:37:22 and second reading.
01:37:23 That concludes staff's presentation.
01:37:24 I'm available if you have any questions.
01:37:28 >>GWEN MILLER: Questions for councilmembers?
01:37:37 >> My name is Dixie Liberty, here on behalf of Kalee
01:37:43 They do have a 2 APF license.
01:37:46 They are requesting to go ahead and have single sell in
01:37:48 the premise.
01:37:48 They have been there since 2008.
01:37:53 There has been no problems and the store or around the
01:37:57 vicinity relating to this.
01:37:58 Also if you see the police report, TPD has no
01:38:04 objections to anything.
01:38:07 >>GWEN MILLER: Questions from councilmembers?
01:38:10 Anybody from the public like to speak?
01:38:13 >>LINDA SAUL-SENA: Move to close.
01:38:20 >>GWEN MILLER: I have a motion and second, all in favor
01:38:22 of the motion say aye.
01:38:31 >> Item 83, continued, but it is file V 09-436, move
01:38:38 ordinance for presented for first reading, based on
01:38:41 various requests from the department between changes
01:38:44 made in first and second reading.
01:38:46 I do have one concern in my mind.
01:38:48 Traffic is opposed to this, but this place has been in
01:38:52 operation for almost two years.
01:38:53 So, if you're opposed to it today, how come you
01:38:58 weren't, in operation for a year and a half, what's
01:39:00 going on?
01:39:05 >>GWEN MILLER: You have to reopen.
01:39:07 >>CHARLIE MIRANDA: That's all right.
01:39:08 I'll just read the ordinance.
01:39:09 I'm not trying to embarrass anybody.
01:39:11 Move an ordinance for first reading, 2008-114 special
01:39:19 use permit for alcoholic beverage sale, making lawful
01:39:22 the sale of beverages containing alcohol more than 1%
01:39:23 of weight, not more than 40% by weight a regardless of
01:39:29 alcohol and beer content.
01:39:30 For consumption off premise only.
01:39:33 Certain lot, plot or tract of land located 4808 east
01:39:36 Broadway, avenue Tampa, Florida, as more particularly
01:39:39 described in section 3 providing repeal of all
01:39:42 ordinances of conflict, providing an effective date.
01:39:46 >> All in favor signify by aye.
01:39:49 >> Motion cared with John Dingfelder being absent and
01:39:52 second reading adoption will be February 4, 2010 at
01:39:55 9:30 a.m.
01:39:56 >> Item 84, and we have a substitute ordinance on that.
01:40:00 Aviation authority.
01:40:05 >> Move to open the public hearing.
01:40:07 >> So moved.
01:40:08 >> All in favor signify by saying aye.
01:40:10 >> CHARLIE MIRANDA: Mr. Chairman, if I may ask that I
01:40:13 open all 84 through --
01:40:17 >> Already opened.
01:40:19 >> Thank you.
01:40:19 >> Deborah Lynch, Land Development Coordination.
01:40:24 C10-01 is a petition by Hillsborough County aviation
01:40:31 authority to vacate a portion of Westshore Boulevard in
01:40:34 the Drew Park area lying north of Dr. Martin Luther
01:40:35 King, Jr. Boulevard, south of Cayuga, west of Air Cargo
01:40:40 Road and east of the airport.
01:40:44 I have an aerial that shows this area.
01:40:46 The airport owns all the surrounding property.
01:40:58 And the area that the, is being vacated is shown in
01:41:04 This area is landlocked by two subsequent vacatings
01:41:09 that had been approved previously by Council.
01:41:12 I have some photos of the area that's to be vacated.
01:41:16 The first is a photo of Westshore Boulevard, looking --
01:41:22 I'm sorry.
01:41:23 Looking north from Martin Luther King, Jr. Boulevard.
08:08:12 The next is a photo of Westshore Boulevard looking
08:08:14 south from the previously vacated portion.
08:08:17 They're constructing a cul-de-sac at the north end for
08:08:24 traffic circulation, so I have a photo of that.
08:08:27 And then, I have some pictures of the petitioner's
08:08:30 This is the petitioner's property looking west from
08:08:33 Westshore Boulevard.
08:08:33 Which is hangar, I believe.
08:08:37 And then, this is looking east from Westshore
08:08:41 Staff has no objections to this request.
08:08:45 We do need easement for water, wastewater, TECO and
08:08:50 Have any questions?
08:08:52 >> Is the eastern portion you have got up there right
08:08:54 now owned by the Aviation Authority?
08:08:56 >> Yeah, they own everything.
08:08:57 They own all the surrounding property.
08:09:03 They have acquired it as part of the development of the
08:09:06 airport property.
08:09:10 >>THOMAS SCOTT: Objection, petitioner, you want to add
08:09:16 Who is representing the Aviation Authority?
08:11:56 >> Let Kathy go through this briefly with you.
08:12:01 Some of this you have seen before but a lot is update.
08:12:04 Just to show you what's happened out there recently.
08:12:07 Take just a second.
08:12:08 >> Kathy Watson, Hillsborough County Aviation
08:12:11 This is a continuation of the land use regulatory
08:12:14 processes that we have followed within the east side
08:12:17 development area of Drew Park.
08:12:19 You will recall that in November, Council accepted the
08:12:24 plot of air cargo road.
08:12:26 I have a photograph of the road.
08:12:28 Council accepted a transportation utility easement for
08:12:38 that infrastructure.
08:12:39 And we are continuing -- we are almost complete with
08:12:43 our construction of the air cargo ground service
08:12:47 equipment facility adjacent to the west side of the
08:12:50 And the area in question, or the part that we are
08:12:58 vacating is located from this point down to Doctor MLK
08:13:06 >>THOMAS SCOTT: Councilman Miranda?
08:13:09 >>CHARLIE MIRANDA: Thank you.
08:13:09 That first segment that Councilmember Saul-Sena said
08:13:15 was gorgeous, it is gorgeous.
08:13:16 It is done very tastefully, and there's one thing that
01:44:08 will have to caution all of you about.
01:44:10 Be very careful and don't go over 40 miles an hour.
01:44:14 [ Laughter ]
01:44:16 >>CHARLIE MIRANDA: Because I have seen a lot of cars
01:44:18 being pulled over by cars, I don't know, they have
01:44:21 these little red and blue and white lights.
01:44:23 And they do give you mucho tickets there.
01:44:28 If you're going west on MLK and turn right on that real
01:44:32 pretty, I call it the Boulevard of the west, there's a
01:44:36 traffic sign that says 40 miles an hour.
01:44:38 But you really don't see it.
01:44:41 Because it is right next to a tree when you make the
01:44:44 You don't quite see the sign.
01:44:45 If you're coming from another side of town, more to the
01:44:51 south, you can see the sign.
01:44:53 But those that come down MLK to make a right, it is
01:44:58 very hard to see that sign.
01:45:00 And they will get you.
01:45:02 >> We are actually going to be changing some of the
01:45:05 We have been working with the City of Tampa very
01:45:07 closely to increase the speed limit along that road.
01:45:10 Started off at 35.
01:45:12 Get it up to 40 and 45 in certain areas.
01:45:16 >>CHARLIE MIRANDA: I appreciate it very much.
01:45:17 By the way, I was not ticketed.
01:45:19 I was not stopped.
01:45:20 But I have witnessed it a lot.
01:45:22 That doesn't mean I won't get ticketed tomorrow.
01:45:25 >>THOMAS SCOTT: Okay, thank you.
01:45:26 Aviation has always done good work.
01:45:30 Lewis, thank you for the work you're doing there.
01:45:33 We really appreciate everything.
01:45:35 Anyone from the public wish to address Council on this
01:45:39 >> Move to close.
01:45:40 >> Second.
01:45:41 >>THOMAS SCOTT: All in favor signify by saying aye.
01:45:51 >> Thank you Mr. Chairman.
01:45:52 And Mr. Miranda.
01:45:53 I move an ordinance vacating closing, discontinuing and
01:45:58 abandoning a certain right-of-way south of Cayuga
01:46:04 street, west of Hesperides street, north of Martin
01:46:09 Luther King, Jr. Boulevard and east of Tampa
01:46:10 International Airport and replat of Drew Park,
01:46:12 subdivision in the City of Tampa Florida, being more
01:46:15 fully described in section two here, subject to certain
01:46:21 covenants, conditions and restrictions as more
01:46:23 particularly described herein, providing an effective
01:46:27 >> Moved and seconded by Councilmember Miranda.
01:46:30 All in favor, signify by saying aye.
01:46:34 >> Motion carried with Dingfelder being absent.
01:46:36 Second reading adoption will be held February 4, 2010
01:46:39 at 9:30 a.m.
01:46:41 >> Item 87. Item 87.
01:46:44 85 and 86 could not be heard today.
01:46:52 >> If we could just make a formal motion as moving
01:46:57 those from the agenda.
01:46:58 >> All in favor signify by saying aye.
01:47:08 >> LaChone Dock, Land Development Coordination.
01:47:08 I have been sworn.
01:47:09 The next item on the agenda is petition V 10-52 for the
01:47:14 property located at 1118 and 1120 west Kennedy
01:47:18 Council, that should be corrected.
01:47:20 I mistakenly put Howard avenue.
01:47:24 But it is on Kennedy boulevard.
01:47:26 1118 and 1120 west Kennedy Boulevard and 106 South New
01:47:30 Port Avenue.
01:47:31 The property is currently zoned CG, commercial general.
01:47:34 The proposed special uses for alcoholic beverage sales,
01:47:37 small venue, 4(COP-R).
01:47:40 This allows for sale of beverages regardless of
01:47:43 alcoholic content for consumption on premises only.
01:47:46 The existing use is a restaurant.
01:47:47 The site contains 10,242 square feet.
01:47:51 Total area under this request is 2,637 square feet.
01:47:55 This request includes 2,102 square feet of indoor area.
01:48:00 And 535 square feet of outdoor area.
01:48:03 Parking required is 26 spaces.
01:48:06 And 11 spaces are provided.
01:48:16 >>THOMAS SCOTT: Please turn off all cell phones.
01:48:21 >> And I have an aerial of the site.
01:48:23 This is the site here in yellow, located on Kennedy
01:48:26 Boulevard, with New Port Avenue bordering it to the
01:48:29 west and Delaware avenue is along the east.
01:48:32 The area there in blue is the area for proposed sales.
01:48:34 Picture of the site, along Kennedy, similar location
01:48:40 The parking is located on this side, which I have a
01:48:42 picture of here next.
01:48:43 That's the parking for the site.
01:48:47 And this is the east side of the site.
01:48:50 That's just another view looking down that side.
01:48:55 The development review committee has reviewed the
01:49:01 petition and finds it inconsistent with applicable City
01:49:04 of Tampa Land Development regulations.
01:49:06 However, if the requested changes are made between
01:49:07 first and second reading, the development review
01:49:09 committee will amend its determination and find the
01:49:12 petition consistent.
01:49:13 Council, I also handed out a revision sheet.
01:49:16 It is entitled B 1052 site plan revision sheet, has
01:49:22 today's date on it, and it has all the revisions
01:49:25 required between first and second reading.
01:49:26 The petitioner has been provided a copy of it.
01:49:28 And does agree to make the changes.
01:49:31 That concludes that presentation.
01:49:33 I'm available if you have questions.
01:49:35 >>THOMAS SCOTT: Thank you.
01:49:37 Any questions?
01:49:43 >> Steve Michelini.
01:49:44 The property is located on Kennedy Boulevard.
01:49:46 It is in a small strip center.
01:49:50 It is a small restaurant.
01:49:51 Basically the property is already developed.
01:49:53 And we respectfully request your approval.
01:49:56 We are at being asked by transportation to change some
01:49:59 existing conditions, on a relatively new center.
01:50:02 But I don't want to make an issue of this at this
01:50:05 But you probably ought to look at that for existing
01:50:08 establishments having to meet new code requirements.
01:50:11 We respectfully request your approval.
01:50:14 >>THOMAS SCOTT: Officer Miller?
01:50:20 >> Good afternoon, Council.
01:50:21 Officer Don Miller, City of Tampa Police Department.
01:50:23 Have been sworn.
01:50:24 City of Tampa Police Department has no objections to
01:50:26 special use 2 permit.
01:50:29 >>THOMAS SCOTT: I saw the attorney from the city
01:50:32 >> Rebecca Kert, legal department.
01:50:34 If City Council is inclined to proceed on first
01:50:38 reading, the ordinance still says West Howard Avenue,
01:50:41 if you could read Kennedy, I can substitute between
01:50:43 first and second reading a corrected ordinance.
01:50:46 >>THOMAS SCOTT: This is public hearing.
01:50:47 Anyone from the public wish to address Council, come
01:50:51 forward, state your name and address for the record.
01:50:53 You have three minutes.
01:50:54 Three minutes.
01:50:54 >> My name is Amy Lutz.
01:50:56 I live 1109 Islamorada lane.
01:51:00 My property is very close in proximity to that.
01:51:02 I just want to state I was given notice, but it did not
01:51:04 include the 106 south new port.
01:51:07 My issues are the noise that is going to be coming from
01:51:10 this area.
01:51:11 This is the picture actually outside our window.
01:51:16 This is the patio area here.
01:51:18 And this is our complex here.
01:51:20 There is another apartment, or townhouse right here
01:51:23 that this noise is going to impact.
01:51:25 Basically, since I have such short amount of time, the
01:51:31 noise issues, we have -- I don't have the grid with me.
01:51:35 We have had substantial issues with noise in the new
01:51:38 port town home area.
01:51:40 It is lengthy.
01:51:41 Extremely lengthy.
01:51:42 And that is our biggest concerns.
01:51:44 There are families that live there.
01:51:45 If this was to be a midnight 2:00 a.m. outdoor patio,
01:51:50 I'm the first one to admit our units are not built
01:51:53 proper -- well, they are, but the walls are paper thin.
01:51:56 You can hear people standing outside speaking normally.
01:51:59 So any noise is just radiating.
01:52:01 But there are children in these units.
01:52:02 They have full schedules.
01:52:04 We have church schedules that make us get up in 6:00 in
01:52:08 the morning, so if they're out at 2:00 in the morning,
01:52:10 it is not feasible for us and some of the surrounding
01:52:13 My other concern is the parking issue.
01:52:15 I believe they stated 26 are required.
01:52:18 There's 21 maybe, or -- no, there's 11 parking spots,
01:52:23 one handicapped and I think they said 26 were required.
01:52:26 We are already over the limit on the street surrounding
01:52:29 because the Hillsborough County Fire Department came
01:52:31 through, there was parking on double sides of the
01:52:33 They removed it to only one side.
01:52:36 To me, you're parking two and three streets over to get
01:52:39 to our own residents now.
01:52:42 My husband and I were leaving one day and there were
01:52:44 people leaving that restaurant when now it is just a
01:52:46 restaurant and they were parked on our street.
01:52:48 Which is one spot that day that wasn't available.
01:52:51 For the residents.
01:52:52 If they open this, it will be all hours, walking, stuff
01:52:57 like that.
01:52:57 But I also want to say that hear's another picture of
01:53:06 the proximity and the noise of the patio.
01:53:12 >> Could you slip it?
01:53:13 >> Area that is showing -- sorry.
01:53:15 I mean, this is a townhouse unit right here that you
01:53:20 can see.
01:53:21 This is a bench that is on their patio, where patrons
01:53:25 will be sitting, laughing, talking, yelling, whatever
01:53:28 you want to call it.
01:53:29 We all know when alcohol is involved, our voices get
01:53:32 louder and higher.
01:53:33 My only other concern is on the property appraiser's
01:53:35 records it states that the structure at 1120 is a
01:53:37 one-story structure.
01:53:38 However, they have remodeled it.
01:53:40 It was a burnt structure, I believe when they purchased
01:53:43 it in '07.
01:53:45 The wall was burnt out.
01:53:47 They fixed that, I don't know if it is living area or
01:53:50 restaurant area or something in this second story.
01:53:52 They have an even on Christmas eve, whether it was
01:53:55 family or whoever, but there was a gathering there.
01:53:58 There were people occupying that upstairs.
01:54:00 And from that, there were three or four children in
01:54:03 that patio area, running around and laughing and
01:54:05 playing, and we could hear it loudly.
01:54:09 Put adults in that and my concern is the noise.
01:54:11 I wrote an outline.
01:54:13 The only other thing I'd like to say is, there was a
01:54:21 hearing like this on I believe a place on south Howard
01:54:24 where the Councilmembers gave like a curfew type thing
01:54:27 or they revisited in six months, I would highly want
01:54:30 that, if you guys do approve it.
01:54:32 >>THOMAS SCOTT: Thank you very much.
01:54:33 Anyone else from the public?
01:54:35 Anyone else from the public?
01:54:42 >> My name is Arnell Barghouti.
01:54:46 I have not been sworn in.
01:54:48 >>THOMAS SCOTT: Anybody else hasn't been sworn in,
01:54:50 please stand now.
01:54:51 Or forever hold your peace.
01:54:54 [Oath administered by Clerk]
01:54:58 >> I am a neighbor of
01:55:01 Mr. Zomoni.
01:55:04 I live in the New Port town homes.
01:55:06 I live on one side adjacent to his property.
01:55:09 From my perspective, the type of business he's bringing
01:55:13 in is respectable.
01:55:15 I have dined in his facility before, and have been told
01:55:21 that he -- primarily we are there to eat meals.
01:55:25 Lunch, dinner, what have you.
01:55:27 And the sale of alcohol is, have a cocktail while
01:55:34 you're eating lunch or dinner, it is available.
01:55:36 It is also my understanding that the establishment is
01:55:40 not being opened merely as a bar.
01:55:43 Because, first and foremost, it is an eating
01:55:47 And from my perspective as being his neighbor, I like
01:55:51 seeing that because the area has been beautified.
01:55:56 Before he had bought that, and made it the businesses
01:56:00 that he did, it was a print shop that didn't look nice
01:56:05 at best.
01:56:05 But now, he's taken the time, he's invested into the
01:56:11 community, he's invested into the neighborhood and I
01:56:14 would like to see it be approved.
01:56:16 Thank you very much for your time, Mr. Chairman.
01:56:18 >>THOMAS SCOTT: Anyone else?
01:56:21 Anyone else from the public?
01:56:27 >>LINDA SAUL-SENA: Shouldn't I ask a question before?
01:56:28 >>THOMAS SCOTT: Yes.
01:56:29 >>LINDA SAUL-SENA: I have a question of city staff.
01:56:30 And that is, this property is zoned commercially.
01:56:40 It fronts on Kennedy Boulevard, which is a major
01:56:42 commercial street.
01:56:43 And irregardless of the request for liquor, they're
01:56:47 allowed to have an outdoor area, aren't they?
01:56:53 >> Yes.
01:56:54 They are allowed to have an outdoor area.
01:56:56 Just not without the sales of alcohol, until that is
01:56:59 But it is the commercial zoning, correct.
01:57:04 >>LINDA SAUL-SENA: And had they have -- have they done
01:57:07 all that's required in terms of buffering, when
01:57:11 commercial adjacent to multifamily?
01:57:13 They have a fence, and they have an alley in between.
01:57:18 >> Correct.
01:57:18 What happens is the property is existing, they already
01:57:20 had the use of the restaurant.
01:57:22 They're adding the use of alcohol sales, so that
01:57:25 particular review was not required.
01:57:26 They have their fencing and just -- just have to show
01:57:31 it on the site plan.
01:57:32 Because it is not a new development, completely new.
01:57:36 >>LINDA SAUL-SENA: Thank you.
01:57:36 >>THOMAS SCOTT: Any other questions for Council?
01:57:38 >> I apologize, we are reviewing the file up to the
01:57:40 notice issue that was raised.
01:57:42 We are going to need another minute or so to make a
01:57:50 >>THOMAS SCOTT: Rebuttal time.
01:57:52 >> This is the commercial piece of property, you know,
01:57:55 as Councilwoman Saul-Sena has already indicated.
01:57:59 It fronts on Kennedy Boulevard.
01:58:00 An existing building.
01:58:02 And this proposal is for indoor dining, it is not --
01:58:05 there's no patio that's being shown to be wet zone in
01:58:08 the rear.
01:58:09 Although that would have been a nice forethought for
01:58:12 I don't know where the noise issues are coming from,
01:58:15 but, Mr. BASANI indicated that was from a previous
01:58:23 owner after it was burned down.
01:58:25 He completely restored it with proper permits.
01:58:28 The reason we are asking for parking waivers is because
01:58:31 different code applications are being applied to this
01:58:33 site as it was already built.
01:58:35 And that's why I was suggesting you may want to look at
01:58:39 applying new codes to existing buildings.
01:58:41 And it is difficult -- we are going to have to go back
01:58:43 out and restripe and lose parking spaces based upon the
01:58:47 technical standards.
01:58:48 And not the City of Tampa permit center review and
01:58:53 approval of this site.
01:58:54 But that's not unique just to this site.
01:58:58 That's a problem with all these projects that come in
01:59:00 for retrofit and redevelopment.
01:59:02 It is a great proposal for Kennedy Boulevard.
01:59:05 It is a nice, clean middle eastern restaurant.
01:59:11 It is not a sports bar, it is not something that's
01:59:13 going to be impacting on the neighbors any more than
01:59:15 any other restaurant would have, Valencia Gardens or
01:59:19 anyone else.
01:59:20 So, I'm sorry for their, the noise concerns.
01:59:24 But typically if you live that close to Kennedy, you're
01:59:28 going to get some noise.
01:59:29 It is a commercial area.
01:59:30 And the Kennedy overlay district encourages the use and
01:59:36 mixed uses of restaurant and pedestrian activity.
01:59:40 That is the plan.
01:59:41 And so we are consistent with all of those plans and
01:59:45 all those guidelines.
01:59:46 I think the city staff is looking to see -- I think the
01:59:49 problem is when they combine the addresses, it is
01:59:52 considered one address.
01:59:57 >> City Council, after speaking with my development
02:00:00 staff, it actually is three addresses.
02:00:04 And the application, or the notice that went out only
02:00:07 listed one of the addresses.
02:00:09 Not even both of the -- there's some dispute about
02:00:14 whether or not the new port, which is just a parking
02:00:15 lot, if the you went out there, you wouldn't ever see a
02:00:18 physical address, but still in the system.
02:00:20 But regardless, they should have noticed the 118 and
02:00:22 120 West Kennedy Boulevard, so this is going to have to
02:00:26 be rescheduled because the notice makes it out of
02:00:30 >> I think the notice says 118 through 120.
02:00:34 The notice -- could we at least continue this to the
02:00:40 next meeting, to determine that?
02:00:42 I understand.
02:00:46 But I'm just telling you --
02:00:48 >> City Council, if you'd like to continue it for two
02:00:50 weeks and not pull it out of order, if Mr. Michelini
02:00:54 would like to supply some additional evidence.
02:00:56 I don't want to call it out of order after you've
02:01:00 already heard it.
02:01:02 But we have some serious concerns they did not provide
02:01:04 notice to anyone who wanted to participate in this
02:01:08 >> I had a different question before this came up.
02:01:10 But, two weeks, if we continue it for two weeks, is
02:01:14 that enough time to re-notice?
02:01:17 >> No.
02:01:18 >> How much time do you need to re-notice?
02:01:21 >> They will need 30 days.
02:01:22 So they can either call it out of order now and they
02:01:26 can be safe and re-notice for four weeks.
02:01:29 And have it rescheduled in four weeks.
02:01:32 Or we can go two weeks and they will take a chance we
02:01:35 are still going to call it out of order.
02:01:38 >>LINDA SAUL-SENA: We have a zoning meeting next
02:01:40 Thursday night.
02:01:40 Wouldn't you have an opportunity between now and next
02:01:43 Thursday night to figure out if it was noticed properly
02:01:45 or not?
02:01:46 And that would just be a one-week put off.
02:01:49 Would that be a good idea, Mr. Michelini?
02:01:53 >> Yes, with the understanding we don't find additional
02:01:55 evidence, that's correct.
02:01:57 We are going to call it out of order and they will have
02:02:00 to re-notice.
02:02:00 >> Are there any meetings scheduled for regular agenda
02:02:03 items in the morning?
02:02:05 >> No.
02:02:06 >>STEVE MICHELINI: So, if I could ask the legal
02:02:10 department -- are we -- you're going to call it out of
02:02:14 order regardless?
02:02:16 >> Right now, the evidence is that, that the notice did
02:02:20 not supply all the parcels that are involved.
02:02:23 So, unless you can come up with something, I'm not sure
02:02:27 what that would be, we are going to call it out of
02:02:30 >>STEVE MICHELINI: It is by the legal description, it
02:02:32 was attached.
02:02:39 >>THOMAS SCOTT: So continued till next Thursday night,
02:02:43 what you're saying?
02:02:45 >>LINDA SAUL-SENA: That was my motion.
02:02:48 >>CHARLIE MIRANDA: Mr. Chairman, I just want to make
02:02:50 sure it is not the week or the 30 days, but I heard two
02:02:54 addresses on Kennedy.
02:02:56 And then I heard of a third address on New Port.
02:02:58 So is out of order going to mean if it only has two
02:03:02 address on Kennedy or does it have to be three
02:03:05 I want to clear it up now before we wait a week or 30
02:03:07 days and then comes back and they say oop, out of order
02:03:12 >> I understand.
02:03:13 We would like to have all three.
02:03:14 But since the third address isn't even a physical
02:03:17 address and wouldn't really provide notice, we at least
02:03:20 need the two on Kennedy.
02:03:22 And what was in the file was one address on Kennedy.
02:03:25 >>CHARLIE MIRANDA: I want to make sure, because I don't
02:03:27 want to prolong this agony one way or the other.
02:03:32 Needs three addresses then, that's what you said for
02:03:35 the record?
02:03:36 You said two would suffice.
02:03:37 But I'm not a lawyer, but since there's three
02:03:39 addresses, why don't you put in three and they'll all
02:03:43 >> If you're going to re-notice, we recommend you put
02:03:47 all three.
02:03:49 >>CHARLIE MIRANDA: That's what I want to hear, young
02:03:51 >> Apparently they're contesting the affidavit as well.
02:03:54 Because we listed the master address on the affidavit.
02:03:57 Is that true?
02:04:00 She's going to call us out of order regardless.
02:04:03 >> Do you rather I should continue this for 30 days?
02:04:07 >> We just need a re-notice.
02:04:09 >> It is not a continuance.
02:04:10 It is a rescheduling.
02:04:14 >> Actually, you don't need to take any action.
02:04:16 Land Development reschedules these.
02:04:18 So they will reschedule him for the next available
02:04:24 >>JOSEPH P. CAETANO: I see three addresses on the site
02:04:26 plan, it says 1118 west Kennedy.
02:04:30 1120 west Kennedy and 106 south New Port.
02:04:33 So why do we have that there and we don't have it on
02:04:36 the rest of the application?
02:04:42 >> I think the best, probably the best direction to go
02:04:45 in is to ask Land Development to schedule this at the
02:04:49 very earliest possible date, so we can get back in
02:04:52 front of you and provide new notice.
02:04:59 >>CHARLIE MIRANDA: Mr. Chairman, I guess, that would be
02:05:02 the proper thing to do, to ask Land Development to work
02:05:06 and expedite this, to whatever degree -- expedite this
02:05:11 to make sure it comes back in that 30 day period.
02:05:15 If that gives the notice time to go out properly.
02:05:18 >>LINDA SAUL-SENA: Second.
02:05:19 >>THOMAS SCOTT: Moved and second.
02:05:20 All in favor --
02:05:21 >> I'm sorry, Mr. Chairman.
02:05:23 I'm thinking this through.
02:05:25 Procedurally, in effect what you have, you have a
02:05:29 hearing that's not right to be heard, so in effect it
02:05:31 is not a continuance.
02:05:33 Would the action then be to close the public hearing
02:05:36 and remove the item from the agenda?
02:05:39 >> Move to close the public hearing and move the item
02:05:41 from the agenda.
02:05:42 >> Second.
02:05:43 >>THOMAS SCOTT: All in favor signify by saying aye.
02:05:47 >>THOMAS SCOTT: So now you want to remove it from the
02:05:51 >> Right to be heard, Mr. Chairman.
02:05:52 That was part of the motion made.
02:05:55 >>THOMAS SCOTT: I thought the motion was to close.
02:05:57 >> He said both.
02:05:58 >> Close and remove.
02:05:59 >>THOMAS SCOTT: Okay, remove.
02:06:01 >> Duplicate motion.
02:06:03 >> It will be rescheduled by Land Development.
02:06:06 >>THOMAS SCOTT: Thank you.
02:06:08 Thank you very much.
02:06:09 Item 89.
02:06:13 Item 89.
02:06:15 Item 88 I thought could not be heard.
02:06:18 >> Item 88.
02:06:19 Already been opened.
02:06:22 >> 88.
02:06:25 >>THOMAS SCOTT: Item 88.
02:06:27 >> Good afternoon, Mr. Chairman, Councilmembers.
02:06:29 Anthony Ekonomides for Costa Waez and Acropolis Greek
02:06:37 I'm informed by city's counsel there was indeed a
02:06:41 second public hearing, actually a first public hearing
02:06:43 in March of '09 on this matter.
02:06:46 My offices were aware of a public hearing at the BLC
02:06:50 April 21st, '09 for which we obtained a CD, did a
02:06:55 transcript and provided it with our filings.
02:06:57 I'm instructed that today we are going to be opening
02:06:59 this as a public hearing and continuing it to permit me
02:07:01 the opportunity to have my assistant, who has already
02:07:04 ordered the CD, on the March hearing to have that
02:07:09 transcribed and produced for Council to review.
02:07:12 And I'm told that this is simply to be continued after
02:07:16 formal opening for your next appropriately scheduled
02:07:21 hearing time, which I'm led to believe is in March.
02:07:29 >> Is the date of March 18th acceptable, giving you
02:07:31 enough time to be able to do that?
02:07:33 Or do you want a later date?
02:07:35 >> End of March would have been better for me.
02:07:37 If it is not inconvenient to the Council.
02:07:41 >> Well, normally the appeals are heard in the
02:07:43 afternoon on the third week of the month.
02:07:47 The following week, and the 25th, you have night
02:07:50 meetings, Council.
02:07:51 I don't know if you consider it for that.
02:07:53 But otherwise, the only date you have available in
02:07:54 March, normally for these appeals, would be the 18th of
02:07:59 At 1:30.
02:08:02 >> Pardon?
02:08:04 >> Oh, the 4th of March?
02:08:06 Yes, you have appeals scheduled for the 4th of March as
02:08:09 I don't know whether that gives you enough time.
02:08:11 You want the end of March you said?
02:08:13 >> Yes, given the option between early March and mid
02:08:15 March, then of course I will try to rearrange my
02:08:19 schedule and make sure I'm available to the 18th.
02:08:22 >> Other option would be to move it to April.
02:08:24 >> April is wide open.
02:08:26 >> April what?
02:08:27 >> April 15th at 1:30 in the afternoon.
02:08:30 >> So moved for April the 15th at 1:30 in the
02:08:33 Providing all is satisfied.
02:08:34 >> We have a motion, a second.
02:08:36 All in favor of the motion say aye.
02:08:41 >> Thank you.
02:08:42 April 15th at 1:30, then?
02:08:45 Thank you, ladies and gentlemen.
02:08:46 Have a good afternoon.
02:08:47 >> If I could, to quickly address item 87, the previous
02:08:52 Looking at the calendar for the 30 day notice, looks
02:08:55 like it would push it out seven weeks.
02:08:56 I was going to ask if Council would be so kind to make
02:08:59 a motion to allow, since there already is a 1:30
02:09:03 meeting on the fourth of March, to allow an additional
02:09:05 slot for an alcohol petition so we can schedule it that
02:09:09 day so we can expedite it as fast as possible.
02:09:12 >> So moved.
02:09:13 >> Have a motion and second.
02:09:14 All in favor say aye.
02:09:17 All right.
02:09:17 Item 89.
02:09:26 >> Item 89 is an appeal hearing on a petition of
02:09:30 Bayshore Condominium and Company regarding a decision
02:09:32 of the ARC, pertaining to the zoning administrator's
02:09:36 interpretation letter relating to property at 2101
02:09:39 Bayshore Boulevard.
02:09:48 >> Good afternoon. Dennis Fernandez, wanted to provide
02:09:52 you with an overview of what has brought us here today.
02:09:56 At its November 2, 2009 public hearing, Architecture
02:10:00 Review Commission heard administrative appeal to a
02:10:02 determination by the zoning administrator, for the
02:10:04 property located at 2101 Bayshore Boulevard, which is
02:10:08 owned by City National Bank of Florida, trustee.
02:10:10 The case was before the A.R.C. under case 09-165.
02:10:15 And under the appeal method delineated in chapter 27,
02:10:19 373 A.
02:10:20 The appellant Bayshore Condominium Company Inc., also
02:10:24 referred to as the Bayshore Royale Condominium, is a
02:10:28 neighboring property to the subject property.
02:10:29 Both the subject property and the property on which the
02:10:31 Bayshore Royale Condominium is situated are located
02:10:35 within the Hyde Park local historic district.
02:10:37 Thus the reason they were before the A.R.C.
02:10:39 The appellant's appeal was based on zoning
02:10:43 administrator's determination stated in a letter dated
02:10:46 August 25, 2009, as to the applicability of the South
02:10:49 Howard commercial overlay district to a portion of the
02:10:53 subject property.
02:10:54 The appellant contended that the zoning administrator
02:10:57 failed to apply the SoHo overlay to the proposed
02:11:00 project on the subject property, approved by the
02:11:02 A.R.C., under case number A.R.C. 03-114-A.
02:11:08 You see in this photo, which is taken from Bayshore,
02:11:19 the subject property in the foreground and the Bayshore
02:11:21 Royale in the background.
02:11:24 After hearing testimony from the zoning administrator,
02:11:27 Cathy Coyle, and the appellant's attorney, James De
02:11:31 Furio, and taking public comment, the motion that the
02:11:34 appeal of the administrator determination be denied.
02:11:37 The motion to deny the appeal was passed with a vote of
02:11:41 Language of the motion is found in your transcript on
02:11:43 page 93.
02:11:45 Cathy Coyle will provide you with additional background
02:11:50 information related to the appeal.
02:11:52 Thank you.
02:11:54 >>MARY MULHERN: I just wanted to officially let
02:11:57 everyone know that I have to leave in 15 minutes.
02:12:01 So, I think that everyone is entitled to know that
02:12:06 there will be four, we will have a quorum, but there
02:12:10 will only be four people here.
02:12:12 I don't know if there's any.
02:12:16 >> I have not -- I have personally no knowledge of
02:12:18 whether Mr. Dingfelder is due back.
02:12:20 I see that obviously, you're correct, you will be down
02:12:23 to four.
02:12:24 That being the case, I believe it is up to Mr. De
02:12:31 Mr. De Furio, knowing that you will have four
02:12:34 Councilmembers, which constitutes a quorum but would
02:12:38 require a unanimous decision because the charter
02:12:40 requires an action of either for or against, do you
02:12:44 have a position on this which you wish to express?
02:12:47 >> So if I understand the procedure, in order for my
02:12:49 position to be upheld, my position, the position of my
02:12:52 client, I would have to have a unanimous vote.
02:12:56 Is that correct?
02:12:57 >> Correct.
02:12:58 >> That's correct.
02:12:59 >> I believe under those circumstances, it would
02:13:01 probably be in my client's best interest -- can I have
02:13:05 one minute?
02:13:06 >> Sure.
02:13:07 Go ahead.
02:13:12 >>LINDA SAUL-SENA: Mr. Shelby, if something like this
02:13:18 happens, would this case go to the front of the line to
02:13:21 the next opportunity for us to hear it?
02:13:26 >>MARTIN SHELBY: At Council's discretion, you can make
02:13:29 that choice if you wish.
02:13:30 Obviously, it is my concern that the petitioner or the
02:13:34 appellant in this case have sufficient due process
02:13:38 And a unanimous decision is a heavy burden to ask be
02:13:47 >>LINDA SAUL-SENA: I'm saying, is there anything like
02:13:48 in Council's rules of procedures that they get to go to
02:13:52 the front of the line?
02:13:54 >>MARTIN SHELBY: Council has full discretion whether
02:13:56 they want to reschedule, as long as it is with
02:13:58 agreement of the petitioner, the appellant.
02:14:01 >> Yes.
02:14:01 I think under these circumstances, I would request a
02:14:05 continuance of today's hearing.
02:14:07 In hopes that at the rescheduled date, there may be
02:14:11 either a full contingent or at least more than four.
02:14:17 >> Sure.
02:14:21 >>GWEN MILLER: Mr. Shelby, what is the next date?
02:14:24 >>MARTIN SHELBY: Your next date that you normally
02:14:25 schedule afternoon appeal hearings, would be
02:14:28 February 18th.
02:14:30 I will point out, if you refer to your calendar, you
02:14:32 presently have six alcoholic beverage hearings.
02:14:35 One closure hearing and one appeal hearing of the VRB.
02:14:38 Again, you could schedule this for another time if you
02:14:43 February 4th, you also have an afternoon meeting that's
02:14:46 been added.
02:14:47 An appeal decision of the BLC and you have a
02:14:52 presentation by, I believe the Planning Commission to
02:14:54 make, the transit oriented development discussion.
02:14:57 So February 4th is available.
02:14:59 February 18th is available.
02:15:00 And again, March 4th, you have an afternoon scheduled
02:15:04 and you have an afternoon scheduled on the 18th as well
02:15:07 of March.
02:15:08 Council's discretion.
02:15:10 >>CHARLIE MIRANDA: I'd like to ask the petitioner which
02:15:12 date he would choose if he has the opportunity to talk
02:15:16 to his client?
02:15:17 >> February 4 would be fine.
02:15:19 >>CHARLIE MIRANDA: The reason is, I think he is
02:15:21 entitled to a speedy.
02:15:24 >>GWEN MILLER: February 4 at what time?
02:15:26 >> 1:30.
02:15:27 >>CHARLIE MIRANDA: Let this be number one on the
02:15:29 They were here first.
02:15:30 >> If I can, before the hearing, Mr. Miranda, of course
02:15:33 I'm not opining on this.
02:15:35 Just to let you know, the planning commission is
02:15:38 planning to appear at 1:30 to make a 15 minute
02:15:42 >>CHARLIE MIRANDA: Well, I'm not opposed to putting it
02:15:44 second at 1:45.
02:15:46 Make sure we stay within the 15 minutes.
02:15:47 Is that agreeable?
02:15:49 >> Whatever Council's pleasure.
02:15:51 I just wanted to bring it to your attention.
02:15:53 >>CHARLIE MIRANDA: You will be second on the agenda.
02:15:55 >> Thank you, sir.
02:15:56 >>GWEN MILLER: We have a motion and a second to
02:15:57 continue the item to February 4th. All in favor say
02:16:03 >>CHARLIE MIRANDA: At 1:45.
02:16:05 >>GWEN MILLER: All in favor say aye.
02:16:09 >>LINDA SAUL-SENA: We should tell our colleagues who
02:16:10 aren't here that they really need to be here.
02:16:20 >>GWEN MILLER: Council have any business we need to
02:16:22 take care of? Received and filed then.
02:16:25 >> All in favor of the motion say aye.
02:16:29 >>LINDA SAUL-SENA: One short piece of new business.
02:16:30 There's a local woman Sharona Ross who started
02:16:33 something that's being copied nationally.
02:16:35 Initiative called women in surgery.
02:16:37 They're having a conference here and I'd like to
02:16:39 commend her for that.
02:16:43 >>GWEN MILLER: Mr. Shelby?
02:16:45 You have the resolution?
02:16:47 >>MARTIN SHELBY: Yes.
02:16:48 Thank you very much, Madam Chair.
02:16:49 >>GWEN MILLER: She wants to give a commendation.
02:16:54 All in favor of the motion say aye.
02:16:55 Mr. Miranda?
02:16:59 >>CHARLIE MIRANDA: Thank you, Madam Chair.
02:17:00 I provided to Council a copy of the resolution
02:17:03 ratifying its earlier decision made this morning to put
02:17:06 in writing the appointment of Mr. Kemp to the
02:17:09 Enterprise Zone.
02:17:11 >> Move it.
02:17:11 >> Second.
02:17:12 >>THOMAS SCOTT: All in favor of the motion say aye.
02:17:14 Anything else come before Council?
02:17:16 We stand adjourned.
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