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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 order.

09:03:18 We have Mr. Allen Snell, I believe, will be doing the

09:03:24 invocation.

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?

09:05:11 Opposes?

09:05:11 Okay.

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

09:06:53 today.

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 today.

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 cart.

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

09:10:35 multi-family.

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 things.

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

09:11:50 grant?

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

09:12:31 well.

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?

09:13:01 Opposes?

09:13:01 Okay.

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 substituted.

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

09:14:04 reading.

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

09:16:00 created.

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

09:16:47 today.




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

09:16:56 motion.

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?

09:17:16 Opposes?

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?

09:17:37 Opposes?

09:17:39 Okay.

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 agenda.

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,

09:18:11 please.

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 combat.

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 people?

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 wall.

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

09:22:28 line.

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

09:24:55 caused.

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 made.

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

09:26:50 meetings.

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

09:27:10 invocations.

09:27:11 This ruptures the religious freedom of both those

09:27:15 giving the invocations and prayers and those receiving

09:27:17 them.

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

09:27:30 authority.

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




09:27:37 country.

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

09:28:00 members.

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

09:28:34 favoritism.

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

09:34:40 behind.

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

09:34:48 city.

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 Council.

09:35:15 So I implore you to vote today to discontinue this

09:35:18 practice.

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

09:43:16 Tampa.

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




09:44:35 inquiry.

09:44:36 You can forward it to the administration and ask for a

09:44:39 response.

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 whatever.

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?

09:45:54 Opposes?

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.

09:46:34 Opposes?

09:46:36 Okay.

09:46:36 Parks and recreation, Councilwoman member Linda

09:46:39 Saul-Sena.

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

09:47:53 Dingfelder.

09:47:54 All in favor signify by saying Aye.

09:47:55 Opposes?

09:47:58 Okay.

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 approximate.

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?




09:49:30 Opposes?

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

09:50:56 date.

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

09:51:07 ordinance.

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?

09:53:02 Opposes?

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?

09:53:16 Opposes?

09:53:17 Okay.

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

09:53:42 mike.

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 Avenue.

09:53:59 And I have maintained the alley since 1964, keeping it

09:54:05 clean.

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

09:56:00 with.

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

09:56:15 anything.

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

09:57:02 direction.

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

09:57:16 here.

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.

09:57:40 Okay.

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.

09:59:11 Opposes?

09:59:13 For item 70 and 71.

09:59:16 Okay.

09:59:18 72?

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,

10:00:23 2010.

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 check.

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 Miranda.

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

10:01:40 City.

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 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 asking.

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

10:04:14 again.




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

10:05:03 on.

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 way.

10:05:11 And then bring back up this application, we can do

10:05:13 that.

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.

10:05:50 73.

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

10:06:48 vendors.

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 that.

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

10:09:19 electronically.

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

10:09:48 reviewing.

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 project.

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

10:10:26 mail.

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

10:11:52 printing.

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 charged.

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

10:12:44 thing.

10:12:45 I didn't realize we were waiving the fee on the credit

10:12:48 card.

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

10:12:59 closer.

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 process.

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

10:14:00 up?

10:14:01 We do?

10:14:02 >>BONNIE WISE: Some of our customers already pay

10:14:07 online.

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 effort.

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

10:15:45 payment.

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

10:16:33 wanted.

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 facts.

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

10:19:18 Tampa.

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 it.

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

10:20:00 signs.

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 compliance.

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 future.

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 Thanks.

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 themselves.

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 it.

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

10:22:45 compliance.

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 safety.




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 report.

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

10:24:43 signs.

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 rules.




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 coming.

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 GPS.

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.

10:28:24 Opposes?

10:28:26 Okay.

10:28:26 Item 75.

10:28:27 >> I don't see that Ms. Coyle has made it over here

10:28:35 yet.

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

10:28:58 triggered.

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

10:30:26 renovation.

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 No.

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 that.

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 it.

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

10:32:58 street.

10:32:59 Maybe one.

10:32:59 We have how many thousands of miles in the city square?

10:33:02 Maybe.

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 coming.

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

10:33:21 lieu.

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 development.

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.




10:34:37 >>

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

10:36:23 day.

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

10:38:02 rules.

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

10:38:33 enforcement.

10:38:34 >> How are the contractors chosen?

10:38:36 >> He has eight people, three full-time, five

10:38:40 part-time.

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

10:39:18 180,000.

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

10:39:51 Mulhern.

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

10:40:51 things.

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

10:42:40 area.

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

10:43:17 Miranda.

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

10:44:23 time.

10:44:24 You know, we used to have 133 gallons per person per

10:44:28 day.

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 purchase.

10:44:35 So the showers are getting smaller and faster, which is

10:44:39 good.

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

10:44:58 consumption.

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

10:45:35 votes.

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

10:46:03 users.

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

10:47:27 operation?

10:47:31 >>> Councilman, the contract is for 195,000 for the

10:47:35 staffing.

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

10:48:05 2010.

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.

10:48:38 Opposes?

10:48:39 Okay.

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 watering.

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 consideration?

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

10:50:37 restrictive.

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 Dingfelder.

10:50:53 All in favor signify by saying Aye.

10:50:55 Opposes?

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?

10:51:23 Opposes?

10:51:24 >>JOHN DINGFELDER: Mr. Chairman, quick comment on item

10:51:27 78.

10:51:27 I want to express my appreciation to Mr. Miranda on

10:51:29 that.




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

10:51:38 neighborhood.

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 were.

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 way.

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

10:55:46 streets.

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.

10:55:53 Opposes?

10:55:53 Okay.




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 Opposes?

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

10:56:34 people.

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

10:57:20 architects.

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

10:57:46 district.

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 above.

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 qualification.

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

10:59:19 agency.

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 minute.

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

10:59:56 neighborhood.

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

11:01:52 mandatory.

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

11:02:54 profoundly.

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 community.

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

11:04:10 approve.

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

11:05:05 readvertise.

11:05:06 That would be my motion.

11:05:07 >>THOMAS SCOTT: Let me raise a question with the

11:05:11 clerk.

11:05:12 How many times has this been advertised?

11:05:14 >>SHIRLEY FOXX-KNOWLES: We have advertised several

11:05:17 times.

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

11:05:52 again?




11:05:53 There might be some category that he might be able to

11:05:55 fit.

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 district.

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 Ybor.

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

11:08:32 grounds.

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

11:08:39 applicant.

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 previously.

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 10:30.

11:09:37 >>THOMAS SCOTT: Motion and second.

11:09:40 All in favor?

11:09:40 Opposes?

11:09:41 Okay.

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 closed.

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

11:11:36 past.

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

11:12:01 applications.

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.

11:12:25 Opposes?

11:12:28 Okay.

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

11:13:07 members.

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 Opposes?

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

11:14:52 rubble.

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?

11:15:07 Opposes?

11:15:09 >>JOHN DINGFELDER: And the other two are just

11:15:10 quickies.

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

11:15:58 flan.

11:16:00 >>THOMAS SCOTT: Flan fight.

11:16:06 Okay.

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 Opposed?




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

11:16:37 Hampton.

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

11:16:47 department.

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

11:17:46 months.

11:17:47 They plastered the signs all over the road.

11:17:50 Every day I would call code enforcement to get up

11:17:53 there.

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.)

11:18:57



DISCLAIMER:

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12:24:12 >>THOMAS SCOTT: The Tampa City Council will now come to

01:33:43 order.

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 Yes.

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

01:35:01 communication.

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?

01:35:10 Okay.

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 2008.

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?

01:37:30 Petitioner?

01:37:37 >> My name is Dixie Liberty, here on behalf of Kalee

01:37:42 Enterprises.

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.

01:38:23 Opposed?

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 yellow.

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

08:08:29 property.

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

08:08:40 Boulevard.

08:08:41 Staff has no objections to this request.

08:08:45 We do need easement for water, wastewater, TECO and

08:08:49 Verizon.

08:08:50 Have any questions?

08:08:51 Yes?

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

08:09:12 anything?

08:09:13 Petitioner?

08:09:14 Miller?

08:09:16 Who is representing the Aviation Authority?

08:09:20 Welcome.

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

08:12:10 Authority.

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 road.

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

08:13:05 Boulevard.

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




01:44:43 turn.

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

01:45:04 signs.

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 Okay.

01:45:35 Anyone from the public wish to address Council on this

01:45:38 issue?

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 date.

01:46:27 >> Moved and seconded by Councilmember Miranda.

01:46:30 All in favor, signify by saying aye.

01:46:32 Opposes?

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.

01:47:00 Opposes?

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

01:47:17 Boulevard.

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 there.

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.

01:49:36 Petitioner?

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 point.

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

01:50:31 arrive.

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 neighbors.

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 street.

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

01:55:46 establishment.




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?

01:56:23 Rebuttal?

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 approved.

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

01:57:44 determination.

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 them.

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

02:00:29 order.

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

02:01:07 hearing.

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

02:02:28 order.

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

02:03:04 addresses?

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 again.

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 suffice.

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 lady.

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

02:04:21 meeting.

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




02:05:50 agenda?

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.

02:06:07 Okay.

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

02:06:35 Taverna.




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

02:07:58 March.

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 well.

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

02:08:32 afternoon.

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.

02:08:38 Opposed?

02:08:39 Nay.

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

02:08:51 one.

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.

02:09:16 Okay.

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

02:11:40 5-2.

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

02:12:29 Furio.

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

02:13:37 rights.

02:13:38 And a unanimous decision is a heavy burden to ask be

02:13:44 borne.

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

02:14:41 wish.

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

02:15:28 agenda.

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

02:15:41 presentation.




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

02:16:02 aye.

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.

02:17:16



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