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TAMPA CITY COUNCIL

Thursday, May 6, 2010
9:00 a.m. Session


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09:05:20 >>THOMAS SCOTT: Tampa City Council will now come to

09:06:09 order.

09:06:09 The chair will yield to Joseph Caetano.

09:06:17 >>JOSEPH P. CAETANO: We have the honor of having Rabbi

09:06:20 Mendy Dubrowski giving our invocation and after that,

09:06:24 please stand for the pledge of allegiance.

09:06:26 Thank you.

09:06:32 >>GWEN MILLER: Please stand and remain standing.

09:06:36 >> Please join me.

09:06:37 God in heaven, master of the world, look favorably upon

09:06:41 this assembled group of concerned citizens, individuals

09:06:45 chosen by thousands of people who have placed their




09:06:48 faith and confidence in them, to make laws and

09:06:51 decisions for them and their families.

09:06:53 Let us recognize that this is a God-given position,

09:06:56 that it is actually the performance of the one of the

09:07:00 seven universal laws given to Noah, the father of all

09:07:03 humanity, to ensure a peaceful and moral society

09:07:07 governed by the rule of law.

09:07:07 Grant us Almighty God those assembled be aware of your

09:07:11 presence and that by laboring for the enactment of just

09:07:15 laws, they be blessed with good health, wisdom and

09:07:17 compassion.

09:07:18 Let us accept and appreciate our diversity as human

09:07:21 beings, and see the unique and individual beauty we

09:07:24 each contribute to the woven fabric of our society.

09:07:29 Let us all find the inherit goodness in each other and

09:07:32 encourage one another to fulfill our charge from the

09:07:34 almighty to perfect the world under his sovereignty.

09:07:39 In this way we can bring light in place of darkness,

09:07:43 and happiness and peace to all who seek it, amen.

09:07:45 And I would just like to add on a personal note.

09:07:49 Today is the National Day of Prayer.

09:07:50 I would ask all of you to pray for a friend of mine.




09:07:53 Nosson Deitsch, a 21-year-old rabbinic intern who lost

09:07:59 his life here in Tampa a week ago on Sunday in a tragic

09:08:04 boating accident.

09:08:05 Please join me in a prayer for him as well, thank you.

09:08:10 [PLEDGE OF ALLEGIANCE]

09:08:36 >>THOMAS SCOTT: Have roll call at this time.

09:08:40 [Roll Call]

09:08:46 >>JOSEPH P. CAETANO: Here.

09:08:50 >>LINDA SAUL-SENA: Here.

09:08:51 >>GWEN MILLER: Here.

09:08:56 >>CHARLIE MIRANDA: Here.

09:08:56 >>MARY MULHERN: Here.

09:08:57 >>JOHN DINGFELDER: Here.

09:08:59 >>THOMAS SCOTT: Here.

09:09:01 >>THOMAS SCOTT: Council, we have two presentations that

09:09:04 we need to make at this time.

09:09:06 We're going to make a presentation now to the Moffitt

09:09:10 month.

09:09:10 So, and then followed by the commendation will be made

09:09:16 to Diane Lopes, who is returning to light duty at the

09:09:20 Tampa Police Department.

09:09:22 That will be done by Councilman Dingfelder.




09:09:24 >>THOMAS SCOTT: Council, I'm going to ask to join me

09:09:41 here at the podium Dee Shenele Lee, Peter Kirkland,

09:09:45 Sandy McGirk, Susan Stern, Jamie Wilson, come and

09:09:51 join me here.

09:09:52 It is always my pleasure and our pleasure as a board to

09:09:56 recognize Moffitt for the outstanding work and

09:09:59 leadership that they do, not only in this community,

09:10:02 but they are recognized nationally for the work that

09:10:05 they do relative to cancer.

09:10:08 And so, in recognition of May Moffitt month, 2010,

09:10:16 Council, you have assigned this commendation to do so

09:10:21 and recognize the outstanding work in this month of

09:10:24 May.

09:10:24 Whereas the Tampa City Council joins with Moffitt

09:10:25 Cancer Center, promoting May Moffitt month.

09:10:31 And whereas, the Tampa City Council recognizes that

09:10:34 more than 100,000 cases of cancer diagnosed throughout

09:10:38 Florida every year, accordingly, we the members of

09:10:42 Tampa City Council, encourage involvement, support and

09:10:48 philanthropy funds in the fight against the disease and

09:10:52 whereas, we invite all citizens to join in making May

09:10:57 Moffitt month by partnering with Moffitt as a, pursue




09:11:02 their mission to contribute to the prevention and cure

09:11:04 of cancer.

09:11:05 Now therefore, be it proclaimed that the Tampa City

09:11:07 Council does hereby commend Moffitt Cancer Center and

09:11:12 wishes you success in your efforts to treat those

09:11:15 afflicted with cancer and develop new methods to come

09:11:19 back -- combat this disease, signed by all seven

09:11:23 members on this 6th day of may.

09:11:25 Would like to present this to Moffitt, again, and much

09:11:29 success on the outstanding work that they do.

09:11:30 I know that many families have been touched by this

09:11:35 disease.

09:11:35 1976, my mother died from the disease of cancer.

09:11:41 And I know many of us here today understand how, have

09:11:46 been through this difficult time with this disease.

09:11:48 And we appreciate the work that Moffitt has contributed

09:11:51 and the work that they do in this community and not

09:11:53 only in this community, but nationally.

09:12:06 >> Thank you, chairman Scott.

09:12:08 As the chairman indicated, we have all been touched by

09:12:11 this disease.

09:12:12 I'm Pete Kirkwood.




09:12:13 I'm a member of the board of directors of the Moffitt

09:12:16 foundation.

09:12:16 We thank you for the commendation.

09:12:19 We thank the City of Tampa for partnership with

09:12:23 Moffitt.

09:12:24 Tremendous boost to the community efforts that come

09:12:27 behind Moffitt, in this month of may, to emphasize both

09:12:30 parts of our mission.

09:12:31 The cure of cancer and all the research and the

09:12:33 fund-raising we do throughout the year, and also the

09:12:36 prevention of cancer.

09:12:38 Thank you very much from the City of Tampa, we look

09:12:42 forward with this partnership with you for decades to

09:12:45 come.

09:12:45 Thank you.

09:12:45 [ Applause ]

09:13:06 >>THOMAS SCOTT: Councilman Dingfelder?

09:13:14 >>JOHN DINGFELDER: Good morning, Mr. Chairman, Council.

09:13:16 It's truly my honor and pleasure to present this

09:13:20 commendation to Diane Lopes on behalf of officer Diane

09:13:25 Lopes on behalf of the Tampa City Council.

09:13:27 I think about a month ago, just reading the newspaper




09:13:30 and I read about, about Diane and her story.

09:13:35 And I'll go into it in a minute.

09:13:38 As well as the chief.

09:13:40 But, Diane exhibited such tremendous courage.

09:13:47 She went over and served our country overseas in the

09:13:50 service.

09:13:51 As a reservist.

09:13:53 And now she's come back to us -- thank goodness.

09:13:57 And it reminded me that several decades ago, this

09:14:01 country did not have such a great period of time in

09:14:06 welcoming back our troops.

09:14:08 After Vietnam, for whatever reason, and it's a blemish

09:14:13 on our history, that we are, our soldiers came back

09:14:16 from fighting, and regardless of how we felt about the

09:14:21 war, we should have welcomed them back with open arms.

09:14:24 And we did not.

09:14:25 I'm here to apologize to all those service men and

09:14:27 women we did not welcome back that way.

09:14:29 We are going to make it rye now.

09:14:31 And I think we are, in terms of treating our troops the

09:14:34 way they need to be treated and way they should be

09:14:36 treated when they come back.




09:14:38 And, but anyway, Diane, I want to give you this

09:14:43 commendation.

09:14:43 And then we'll get the chief up here to talk about you

09:14:46 a little bit.

09:14:47 Tampa City Council recognizes the determination and

09:14:50 courage of Tampa Police Department officer Diane Lopes.

09:14:53 And welcome her return to service to our community as a

09:14:57 patrol officer.

09:14:58 After completing all but one week of field training for

09:15:02 Tampa Police Department, she was called upon to serve

09:15:04 us in Iraq as an Air Force reservist.

09:15:08 Wounded on September 21st, 2007 and understood went

09:15:13 extended rehab at Walter Reed, went from wheelchair to

09:15:17 walker to cane, and now home serving us in the job she

09:15:20 always wanted.

09:15:21 Officer Lopes was awarded the purple heart for her acts

09:15:24 of courage.

09:15:24 We are so proud of her and all our reservists serving

09:15:28 us and our country.

09:15:30 Tampa City Council thanks you, Diane, for your service

09:15:32 to the United States and wish you well in your future

09:15:35 role, many, many years with Tampa Police Department.




09:15:38 [ Applause ]

09:15:49 >> Good morning, Council.

09:15:50 We are certainly happy to have Diane back.

09:15:54 She's a little bit nervous, as I said, police officers

09:15:57 can face the bad guys out there on the street and all

09:16:00 kind of dangers, but when it gets in front of a

09:16:02 microphone, they get a little bit nervous.

09:16:05 But she is a true inspiration, not only to the staff of

09:16:08 the Tampa Police Department and all the men and women

09:16:11 of the Tampa Police Department, but she should be an

09:16:13 inspiration to everyone, because she, by all intents

09:16:17 and purposes probably shouldn't be standing here today.

09:16:20 She was next to a hospital medical facility in Iraq,

09:16:26 when a bomb came over and exploded right next to her.

09:16:29 And had it not been for the grace of God and good quick

09:16:32 medical treatment, she wouldn't be here.

09:16:34 And she has gone through tremendous rehab.

09:16:39 I had the honor of spending some time with her in

09:16:42 Washington, D.C. a couple of years ago.

09:16:44 And she actually had the whole group of us laughing to

09:16:48 the point of tears over her rehab, which was

09:16:51 excruciating.




09:16:52 But her stories of going through an MRI and how that

09:16:55 affected the pieces of shrapnel in her body, was

09:17:01 obviously terrifying but she made it something she

09:17:04 endured with a sense of humor and incredible amount of

09:17:07 strength.

09:17:08 So we are so blessed to have her as a part of our

09:17:11 department.

09:17:11 And we thank God that she's back with us today.

09:17:13 She's an amazing individual.

09:17:15 Thank you.

09:17:17 [ Applause ]

09:17:23 >> I don't even know how to follow up.

09:17:25 Thank you so very much for this honor.

09:17:27 And it is a great privilege to be back and to rejoin

09:17:32 the Tampa Police Department.

09:17:33 And I want to thank Chief Castor and the entire command

09:17:37 staff and all my brothers and sisters here for such a

09:17:40 warm welcome and all the support they have given me.

09:17:43 And, I look forward to -- look forward to serving this

09:17:49 city.

09:17:49 Thank you.

09:17:51 >> Welcome back.




09:17:51 [ Applause ]

09:18:00 >>THOMAS SCOTT: Thank you very much.

09:18:09 >>GWEN MILLER: Before you move on, I'd like to make a

09:18:11 motion to adopt the minutes.

09:18:13 >> Second.

09:18:14 >>THOMAS SCOTT: Moved and second.

09:18:14 All in favor signify by saying aye.

09:18:17 Opposes?

09:18:18 Okay.

09:18:18 Move towards the approval of the agenda at this time.

09:18:22 >> Mr. Chairman?

09:18:23 >>LINDA SAUL-SENA: A couple things.

09:18:24 The first date of the scheduled budget workshop is,

09:18:30 when we have a livable roadways committee scheduled.

09:18:33 >>THOMAS SCOTT: We'll talk about that.

09:18:35 >>LINDA SAUL-SENA: We're going to do that late senator.

09:18:36 >>THOMAS SCOTT: We'll talk about that later.

09:18:38 Right now we need to deal with the agenda, then we'll

09:18:40 come to those items, okay?

09:18:44 >>LINDA SAUL-SENA: It was on our list, that's why we

09:18:46 brought it up.

09:18:47 >>THOMAS SCOTT: But we haven't got to that yet.




09:18:49 Just getting started.

09:18:51 So Mr. Shelby.

09:18:53 >>MARTIN SHELBY: Good morning, Mr. Chairman, members of

09:18:55 City Council.

09:18:56 In front of you you have the addendum to today's

09:18:59 agenda.

09:18:59 As Chairman Scott mentioned, there are several items of

09:19:03 new business.

09:19:03 The first being moving the items from, next May 13th,

09:19:10 evening meeting.

09:19:10 Then a discussion, that Mr. Chairman wishes to have

09:19:14 regarding the oil spill in the Gulf of Mexico and

09:19:16 finally, the budget workshop days and I believe those

09:19:20 will be taken up under new business at the end of the

09:19:22 meeting when Council takes up new business.

09:19:25 Council, item number 41 is on the consent docket.

09:19:30 Per the administration that has been removed.

09:19:32 It is set for a time certain of 1:30 this afternoon.

09:19:36 And the mayor will appear to make a presentation on the

09:19:41 item.

09:19:42 Regarding the resolution for distribution of the

09:19:45 transportation surtax proceeds.




09:19:48 That will be contemplated by the voters.

09:19:50 Likewise -- excuse me.

09:19:55 Item number 66, is a substitute ordinance regarding the

09:20:00 electronic billboard.

09:20:02 Ordinance.

09:20:03 And I believe miss Cole has a substitution for you on

09:20:06 that.

09:20:06 Council, I just wish to bring to your attention, that

09:20:09 is not set for a public hearing today.

09:20:10 It is a legislative matter.

09:20:13 It is set for staff reports.

09:20:14 There normally is no public hearing.

09:20:17 The public, for the first reading.

09:20:19 The public hearing comes in two weeks at the second

09:20:23 meeting, the second reading, and adoption public

09:20:25 hearing.

09:20:26 So per Council's rules, if anybody wishes to address

09:20:28 the electronic billboard issue, absent Council waiving

09:20:32 the rules unanimously, the appropriate time to do that

09:20:35 would be at agenda public comment.

09:20:36 Which will take place at this.

09:20:38 Same with item number 67.




09:20:44 Which is also being presented for first reading under

09:20:51 staff reports.

09:20:52 It is not set for a public hearing, and that is on the

09:20:54 newsrack ordinance.

09:20:55 So the appropriate time for the public to address that,

09:20:58 absent Council waiving its rules unanimously, would be

09:21:02 at agenda public comment.

09:21:03 Item number 71, is a memorandum received from city

09:21:08 attorney Chip Fletcher, which has the language for the

09:21:11 proposed ordinance.

09:21:12 Regarding an elected official leaving office to run for

09:21:16 another office.

09:21:16 Item number -- excuse me, item number 77 is set for

09:21:23 1:30 this afternoon.

09:21:24 However, there will be a request for a 30 day

09:21:27 continuance.

09:21:28 That is the 1607, to 1609 north 22nd street.

09:21:34 Ferlita Macaroni Factory, requesting a 30-day

09:21:39 continuance.

09:21:40 That will be a request that will be made this

09:21:42 afternoon.

09:21:42 And finally, I believe item number 78 is a, the appeal




09:21:50 hearing that's scheduled, decision of the A.R.C. at

09:21:54 2113 west Hillsborough avenue, or west hills avenue it

09:21:57 says, and the applicant will be requesting a

09:21:59 continuance on that to June 3rd.

09:22:02 In order to complete the record.

09:22:04 And I believe -- I have not received in writing any

09:22:09 other requests for any other changes to the agenda.

09:22:14 I believe Councilmember Mulhern might have a request.

09:22:17 And other Councilmembers but I'm not aware

09:22:20 specifically.

09:22:21 >>MARY MULHERN: I have a couple of things that I think

09:22:23 staff knows about, but I need to pull from the consent

09:22:26 agenda.

09:22:27 But I had a question about 66 and 67.

09:22:30 Because don't -- isn't the first reading normally a

09:22:36 public hearing?

09:22:38 >>MARTIN SHELBY: Only if it is a quasi-judicial matter

09:22:40 involving rezoning.

09:22:41 If it involves a property.

09:22:42 Rights issue.

09:22:44 If it is a legislative matter, then no.

09:22:47 >>MARY MULHERN: Okay.




09:22:47 Number 11, I have asked the Parks Department to move

09:22:53 that to the staff report on the parks programming,

09:23:01 which is number --

09:23:06 >>THOMAS SCOTT: So you want to pull that item?

09:23:09 >>MARY MULHERN: I want to pull it, but I want to pass

09:23:11 it and discuss it during the staff report from Karen.

09:23:14 64.

09:23:17 >>THOMAS SCOTT: Not 11?

09:23:17 64 had?

09:23:19 >>MARY MULHERN: I want to move 11 to be with 64.

09:23:21 >>THOMAS SCOTT: 11 to 64.

09:23:23 >>MARY MULHERN: From the consent agenda on to that

09:23:25 staff report.

09:23:26 And number 13, I just saw Chip leave, but I'm not

09:23:32 sure -- I want to pull that for some explanation from

09:23:38 either legal -- probably legal and or budget, if they

09:23:44 want to talk about it.

09:23:46 >>THOMAS SCOTT: Okay.

09:23:46 Any other -- yeah?

09:23:49 >>LINDA SAUL-SENA: I'm sorry, I missed.

09:23:51 Was there something on item S?

09:23:53 It says other notes -- 71?




09:23:56 It says notes.

09:23:57 >>MARTIN SHELBY: Item 71 on the back on the second page

09:23:59 is a memorandum received from the city attorney, which

09:24:02 had the text of the proposed ordinance.

09:24:03 And that was sent to Council.

09:24:06 It was received late, I believe.

09:24:08 So if it's not in your backup, we can make sure it's

09:24:11 provided to you.

09:24:12 >>LINDA SAUL-SENA: Thank you.

09:24:12 >>THOMAS SCOTT: Any other items need to be pulled?

09:24:14 Motion to approve the changes?

09:24:16 To agenda?

09:24:17 >> So moved.

09:24:18 >> Second.

09:24:19 And I want --

09:24:22 >>CHARLIE MIRANDA: Mr. Chairman, I hope this is not

09:24:26 taken personally.

09:24:27 I'd like to set a process, because now, we hear these

09:24:33 things coming up, and there's fax machines, there's

09:24:39 computers, there's telephones, cell phones.

09:24:41 And there's a personal visit.

09:24:43 I would like to see this Council have a system whereby,




09:24:49 if you want to pull something, including me, that you

09:24:52 apply -- what do the rules say?

09:24:59 It says something and we do something else.

09:25:01 It's not about you, believe me.

09:25:03 Was, I'd tell you right here.

09:25:04 But it's not about you.

09:25:06 It's about the system that we have that its -- you have

09:25:10 the rule and then we violate our own rule.

09:25:14 Those are the things that I just can't -- I don't

09:25:17 swallow that very well.

09:25:22 >>MARTIN SHELBY: Councilman Miranda, you're asking

09:25:24 about rule 7-C, which reads as follows, an individual

09:25:27 member of City Council wanting to remove an item from

09:25:30 the committee report consent agenda should attempt to

09:25:33 do so a day or more in advance of the meeting by

09:25:35 notifying the members of Council, the clerk and the

09:25:38 chief of staff by memorandum or e-mail, stating whether

09:25:41 the member of Council wishes staff to be present to

09:25:44 discuss the item.

09:25:46 >>CHARLIE MIRANDA: I believe that's the way it should

09:25:48 be.

09:25:48 But I believe it should be narrowed down to one person.




09:25:51 The clerk's office, so that they're notified.

09:25:54 They would advise you and then you would know exactly

09:25:56 what's happening and if it can be done, it can't be

09:26:00 done.

09:26:00 And if we're going to have that rule, let's enforce it.

09:26:04 If we are not going to get along with that rule, let's

09:26:07 get rid of the rule.

09:26:08 That's the only thing I'm saying.

09:26:10 >>MARTIN SHELBY: Mr. Chairman, can I briefly address

09:26:12 that?

09:26:12 Councilman Miranda, if Council's decision or desire to

09:26:16 change that rule, I'm preparing --

09:26:20 >>CHARLIE MIRANDA: I'll bring it up under new business.

09:26:23 >> Thank you.

09:26:25 >>MARY MULHERN: I have to say something, and I know --

09:26:28 >>CHARLIE MIRANDA: I'm not.

09:26:30 >>MARY MULHERN: I know that.

09:26:31 But I could call Shirley at 3:00 in the morning when I

09:26:34 can't sleep.

09:26:34 I did look over this agenda.

09:26:36 And I did wake up and think, oh -- I need to look at

09:26:40 again.




09:26:41 So, I work really hard, I work more than, you know,

09:26:45 full-time job trying to keep up with the hundreds of

09:26:47 things on this agenda.

09:26:48 And make sure I do my job and it's part of my job.

09:26:51 If we were to change that rule, I wouldn't be able to

09:26:54 do my job.

09:26:54 That's how I feel about it.

09:26:58 >>CHARLIE MIRANDA: I'm not debating anybody.

09:26:59 But I have two jobs at 69.

09:27:01 I read this and handle the other job.

09:27:06 I'm not again talking to you, I'm talking to myself.

09:27:08 If we're going to have the rule, enforce the rule.

09:27:10 If you're not going to have the rule, don't enforce it.

09:27:13 If you're done going to have a street light rule and

09:27:16 you pass and get a ticket, then it should be for

09:27:18 everybody.

09:27:19 That's all I'm saying.

09:27:20 >>THOMAS SCOTT: We can take it up under new business.

09:27:22 There's a motion on the floor.

09:27:24 All in favor signify by saying aye.

09:27:26 Opposes?

09:27:27 Okay.




09:27:27 The City Council has set aside 30 minutes of public

09:27:31 comment.

09:27:33 We give preference to the items that are on, number

09:27:36 items on the agenda first.

09:27:37 Those are going to be speaking to numbered items first

09:27:40 on the agenda, will come forward first.

09:27:43 Will you begin to the lineup please?

09:27:45 If you're going to be speaking to numbered items on the

09:27:48 agenda first.

09:27:49 You may come forward and address Council at this time.

09:27:52 >> Thank you very much, Mr. Chairman, members of the

09:27:55 Council.

09:27:55 My name is Donald con.

09:27:57 For the record, my address is 2701 North Rocky Point

09:28:00 Drive.

09:28:01 In Tampa.

09:28:02 I'm with the Pennington Moore law firm and I'm here on

09:28:05 item number 66.

09:28:07 The billboard ordinance.

09:28:08 I represent Signal Outdoor Advertising Company.

09:28:11 They do not -- they're not engaged in billboard

09:28:15 advertising or billboard construction, rather, they




09:28:18 have a contract with HART to provide bus shelters.

09:28:21 There is advertising associated with those bus

09:28:24 shelters.

09:28:25 But the advertising is far different from billboards.

09:28:28 About a year ago, we had negotiations with the City of

09:28:32 Tampa for right-of-way permits to locate the bus

09:28:35 shelters throughout the City of Tampa as well as

09:28:38 Hillsborough County.

09:28:38 Those negotiations were very productive, very

09:28:41 cooperative and were very successful.

09:28:43 We now have over 200 shelters that have been located

09:28:46 throughout the City of Tampa, as well as portions of

09:28:49 Hillsborough County.

09:28:49 There have been no complaints about the bus shelters.

09:28:53 Or the advertising associated with the bus shelters.

09:28:56 They provide not only a public convenience, a place to

09:28:59 rest, place to sit while rating -- waiting for a bus,

09:29:03 but also a safety factor.

09:29:05 They are illuminated.

09:29:07 And that's a very important safety factor, particularly

09:29:10 in the evening hours.

09:29:11 The ordinance that you have in front of you, which we




09:29:13 only became aware of less than 48 hours ago, has a

09:29:16 section in it, section 6, which addresses shelters.

09:29:20 Now, again, this ordinance as I understand it, has been

09:29:24 prepared as part of a settlement, a litigation between

09:29:28 the city and certain billboard companies.

09:29:30 We're not involved in that litigation.

09:29:33 We were not involved in the settlement discussion that

09:29:36 is led to the preparation of this ordinance.

09:29:38 Yet, there is a section that's been placed in this

09:29:41 proposed ordinance, it's section 6, which deals with

09:29:44 shelters and deals with illumination of shelters.

09:29:48 As I say, we are under contract with HART.

09:29:51 Let me explain some of the public benefit of that

09:29:54 contract.

09:29:55 To the citizens of city.

09:29:57 First, these shelters are being constructed at no cost

09:30:01 to HART.

09:30:02 Secondly, they're being maintained by signal, by my

09:30:06 client, at no cost to HART.

09:30:08 Thirdly, a portion of the revenues derived from the

09:30:12 advertising, 21% of the revenues, are being returned to

09:30:16 HART.




09:30:18 So, we see no reason why shelters need to be part of

09:30:22 this settlement discussions that have been going on,

09:30:25 and part of this proposed ordinance.

09:30:26 We are ready, willing and able to sit down with the

09:30:30 city, with city staff, with this Council, if there

09:30:34 needs to be a particular ordinance that addresses

09:30:36 shelters.

09:30:37 If there is a concern, we're ready and willing to sit

09:30:41 down and do that.

09:30:42 But we haven't been at the table.

09:30:44 And so we're concerned about section -- we would ask at

09:30:47 the appropriate time, that you consider removing

09:30:50 section 6 from this settlement.

09:30:52 We don't think it would affect the ordinance at all, as

09:30:55 it relates to billboards.

09:30:56 And it should not at all affect your settlement

09:31:00 discussions with those billboard companies.

09:31:02 I'd be happy to answer any questions.

09:31:05 President of the company John Savey is also here and

09:31:08 we'd be happy to address any concerns that you have.

09:31:11 Thank you.

09:31:11 >>THOMAS SCOTT: Okay, let me just couple want to




09:31:14 respond.

09:31:14 But let me make counseling aware in the strategic plan

09:31:18 me, count man Linda Saul-Sena brought up a very valid

09:31:21 issue, and that is during public comment, either we are

09:31:24 going to respond to everybody or wait until the end to

09:31:26 do that.

09:31:27 I want to be fair.

09:31:28 So, because we just discussed it, I'm going to allow

09:31:31 that today, but in the future keep that in mind.

09:31:34 When we have public comment is appropriate for us to at

09:31:36 least let the public speak and then respond to them

09:31:38 after they finish.

09:31:39 So, and secondly, I want to remind, be conscience of

09:31:42 the time today.

09:31:43 We have a busy agenda.

09:31:45 I have to leave at 11:30 to do a proclamation for the

09:31:49 national day of prayer for the mayor.

09:31:51 And so, then we have a busy afternoon.

09:31:53 So be cognizant of our time today.

09:31:55 We do have a heavy agenda?

09:31:57 Okay.

09:31:58 Councilmember Miranda, Councilman Dingfelder, then




09:32:01 Mulhern.

09:32:03 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

09:32:05 Mr. Conn, I have known you since, when I had curls.

09:32:08 You're an outstanding individual.

09:32:09 You have served us so diligently at Tampa Bay water,

09:32:12 the attorney, when I sat next to you and you were very

09:32:15 kind to guide me through a lot of troubled waters.

09:32:20 Let me explain why, or try to explain why that's there.

09:32:24 As you heard the prior statement that I made, I want

09:32:28 everything's to in a playing field.

09:32:30 If I'm going to change something that has to do with

09:32:33 lighting, I want the government and the government

09:32:35 agencies not to have anything more than what I'm giving

09:32:40 private entities.

09:32:41 Let me also say and maybe I shouldn't say this, but

09:32:44 knowing me, whatever comes to my mind is what I say.

09:32:47 If we were to have a fight ordinance of those shelters,

09:32:53 it would never pass.

09:32:54 I tell you why.

09:32:55 Because when you take the two-face signs you have in

09:32:57 the corner, they equal to the total sums of the square

09:33:00 footage, of the stand.




09:33:03 And you don't see buildings allow that in the City of

09:33:06 Tampa, allowed in the City of Tampa.

09:33:08 Why -- I'm partly responsible for putting that in.

09:33:12 And I'll tell you why.

09:33:13 I want to make sure that those four by eights or

09:33:17 three by eights -- I didn't get off and mesh them,

09:33:20 but I saw them and did take a couple pictures, like I

09:33:24 did other signs.

09:33:25 That the illumination is not any greater, but equal to

09:33:30 no more than what the ordinance is today.

09:33:33 In other words, if it's a three foot-candle watt, it

09:33:36 can't be more than three foot-candle watt.

09:33:39 There should be no digitals at that eye level.

09:33:41 Why do I say that?

09:33:43 Because digitals at eye level are certainly much more

09:33:46 dangerous, in my opinion, and critical to avoiding

09:33:51 accidents that anywhere else.

09:33:53 I know you represent a client and I have nothing but

09:33:57 admiration for you and your client.

09:33:59 But in saying that, we, government, are stupid.

09:34:04 Say that again.

09:34:07 We're stupid.




09:34:08 If we go out and bring millions of dollars in for

09:34:12 buses, you mean to tell me the feds or somebody can't

09:34:17 build a nice, outstanding shelter?

09:34:21 They don't do that.

09:34:24 So, your good people come in and do what we're supposed

09:34:29 to do.

09:34:30 And there's where the problem lies.

09:34:32 When we have -- we produce fire trucks.

09:34:37 All kinds of vehicles for emergency, police vehicles.

09:34:40 Public works vehicles.

09:34:42 We spend millions on those things.

09:34:44 But for the poor people riding the bus, not poor in

09:34:47 money, but those that chose to do that, choose to do

09:34:50 that and ride the bus, we don't take care of.

09:34:54 That's my only statement.

09:34:55 And I hope you understand it.

09:34:58 >> Could I?

09:34:59 >>THOMAS SCOTT: Well, I don't want to get into a

09:35:00 debate.

09:35:01 Our time is very important.

09:35:02 We have sit -- citizens still standing.

09:35:05 Councilman Dingfelder, then Councilwoman Mulhern.




09:35:10 >>JOHN DINGFELDER: Just a quick question.

09:35:11 Thanks for coming.

09:35:12 The two main issues that are addressed in the section 6

09:35:16 here are, that the -- we wouldn't have digital signage

09:35:20 in the shelters, old shelters or new shelters.

09:35:24 I don't think your company has a problem with that, do

09:35:26 you?

09:35:27 >> We do not have digitals.

09:35:28 There is digital technology.

09:35:30 But it is not being used here in Tampa.

09:35:32 Frankly, it's not allowed here in Tampa right now.

09:35:35 So, there would have to be a change in the ordinance in

09:35:38 order for digitals to be allowed.

09:35:40 We simply would ask you to --

09:35:43 >>JOHN DINGFELDER: I didn't finish my question.

09:35:46 And then, I'm on the HART board.

09:35:48 It's never been my understanding digit the take was

09:35:51 part of the equation for these shelters.

09:35:53 By eliminating digital, I'm comfortable with that.

09:35:57 I don't want digital at street level in our community.

09:36:01 Some future Council changes their mind, fine.

09:36:03 But then the other part I think that you do have a




09:36:05 problem with is the illumination and foot-candles, is

09:36:09 that correct?

09:36:10 >> Yes.

09:36:10 We haven't had an opportunity to determine whether or

09:36:13 not the change is going to affect us or not.

09:36:16 We are worried about unintended consequences.

09:36:19 >>JOHN DINGFELDER: Okay.

09:36:20 >>MARY MULHERN: Thank you, Mr. Conn.

09:36:23 You didn't know about this until after the, this was

09:36:25 scheduled.

09:36:26 >> We were contacted with 48 hours ago by HART.

09:36:29 >>MARY MULHERN: I voted against this ordinance

09:36:36 passing, or drafting this ordinance for this very

09:36:38 reason.

09:36:40 That, you know, I disagree with Mr. Miranda, but

09:36:43 neither of us has done a study of this.

09:36:45 And we -- I think -- to me it seems like a digital

09:36:50 billboard at a bus shelter, people who are sitting or

09:36:53 standing waiting for the bus are going to see it, or

09:36:56 people who perhaps are driving by.

09:36:58 But you're not going to be seeing it for miles away.

09:37:00 But you know what?




09:37:01 I don't know what I'm talking about.

09:37:03 I don't know about that.

09:37:04 I haven't done the studies.

09:37:06 I have read some of them.

09:37:08 They're all industry-based.

09:37:09 And I don't know, if there have been studies of that on

09:37:14 the street level, but I know those have been around all

09:37:16 over the world for years and years and years.

09:37:19 So we are talking about two different things.

09:37:21 So, my feeling, I think we should pull that section

09:37:29 out.

09:37:29 If this Council decides to pass this today.

09:37:32 Because I don't think -- it's been identified in here.

09:37:36 We have been pushed to do this ordinance in order to

09:37:39 settle a lawsuit with some other companies.

09:37:42 And you're telling us that we have a problem with

09:37:45 another industry.

09:37:46 So, I think we should pull it.

09:37:48 But I also think that this points out the fact that we

09:37:51 are creating policy that is not based on enough

09:37:58 evidence at this point.

09:37:59 And I want to remind everybody who's watching this




09:38:02 meeting, that there is a national study going on by the

09:38:06 federal highway traffic safety -- I'm not sure if I got

09:38:10 the right acronym.

09:38:12 But I think that's what it is.

09:38:13 And they're doing it because other cities that have put

09:38:17 these in place have a public that is not happy with it.

09:38:20 The billboards.

09:38:21 So, again, I think that we need -- there's no urgency

09:38:27 in passing this.

09:38:28 And here, you know, we find out that even industry

09:38:33 that's being affected by this new ordinance is not

09:38:36 happy with it.

09:38:38 So for me, I appreciate your being here to point that

09:38:40 out.

09:38:44 >>LINDA SAUL-SENA: Just to clarify, you're saying the

09:38:46 bus shelters are being built and maintained by your

09:38:51 client.

09:38:51 >> That's correct.

09:38:52 >>LINDA SAUL-SENA: And the funding for that is coming

09:38:54 as revenue from the advertising within the shelters?

09:38:58 >> That's correct.

09:38:58 And 21% of that revenue is returned to HART.




09:39:01 >>LINDA SAUL-SENA: Okay.

09:39:02 Do you know how HART is funded compared to other

09:39:04 municipalities in the state?

09:39:06 I believe that what we spend in our jurisdiction on

09:39:09 public transportation is significantly less than other,

09:39:13 than other transportation entities in the state and in

09:39:16 the country.

09:39:17 So, the bus shelters that are provided give a service

09:39:20 to the clients of HART that otherwise we couldn't

09:39:23 afford to provide.

09:39:24 Is that correct?

09:39:25 >> Thank you.

09:39:26 Yes.

09:39:26 >>LINDA SAUL-SENA: Thank you.

09:39:27 >>THOMAS SCOTT: Okay.

09:39:29 Council, you just gave validity to why we're not going

09:39:32 to take in more comments from the.

09:39:36 We'll hear from the public.

09:39:38 Any other thing you have, write it down and raise that

09:39:41 question afterwards.

09:39:42 Okay.

09:39:42 Next speaker?




09:39:44 >> Good morning, Council.

09:39:45 Spencer Kass.

09:39:46 1,001 north had Howard Frankland avenue.

09:39:49 The first is item 70, which is a staff report that

09:39:53 deals with the lighting and how you're dealing with

09:39:55 TECO.

09:39:55 I only want to address number four of the staff's

09:39:58 response to that.

09:39:59 Which has to do with LED streetlights.

09:40:02 Basically they say they're not cost effective.

09:40:05 The reason they're saying that is because TECO, from

09:40:07 what I understand, isn't willing to kickback to the

09:40:10 city any part of the savings from the maintenance

09:40:14 costs.

09:40:15 But I also want to point out there's a lot of federal

09:40:17 funds available for these streetlights.

09:40:19 This could end up costing the city absolutely nothing

09:40:22 to replace these streetlights.

09:40:24 There are other municipalities that have gotten

09:40:27 millions of dollars to replace some streetlights.

09:40:29 Can't do any of that unless an LED street light is on

09:40:32 the list of things you can purchase.




09:40:34 What I'd like to ask is Council ask the administration

09:40:37 within 30 details to come back with agreement with TECO

09:40:40 to add LED street lights as an option.

09:40:43 Whatever the price.

09:40:44 So at least then, other departments can go and see if

09:40:46 they can get some federal funds.

09:40:48 Next is item 67, the newsracks.

09:40:51 First I want to thank legal for spending a great deal

09:40:54 of time with everybody.

09:40:55 We had a very long meeting, an hour and a half.

09:40:57 Unfortunately, there is no agreement on this.

09:40:59 Between the neighborhoods, the businesses and the -- I

09:41:03 just want to point out, you have one side which is the

09:41:06 people who install the newsracks and other side, which

09:41:09 is everybody else.

09:41:09 I'm going to put into the record an ordinance from the

09:41:12 city of Fort Lauderdale.

09:41:13 It has over 30 protections in their ordinance.

09:41:16 None of which are in your ordinance.

09:41:18 I want to point out that things like graffiti, painting

09:41:26 them, the height, how many can be stacked next to each

09:41:29 other.




09:41:29 Can you end up at your new park with a row of newsracks

09:41:32 all in front.

09:41:33 Your brand new park downtown?

09:41:34 The answer is absolutely.

09:41:35 There's no limit to how many of these things you can

09:41:37 put next to each other.

09:41:38 I also want to point out that you require site plans

09:41:42 for people who put up awnings.

09:41:44 You require site plans for people who want restaurants,

09:41:46 outdoor cafes.

09:41:49 Why do those people have to do so much more work than

09:41:52 the newsrack people in I don't upper.

09:41:54 An awning sits above the right-of-way.

09:41:57 It's not in anybody's path.

09:41:59 Fort Lauderdale also says there should be a minimum of

09:42:01 five feet in front of a newsrack.

09:42:03 That's the turn radios for a wheelchair.

09:42:07 City of Tampa says well, we're going with four because

09:42:10 that's enough for a wheelchair to roll by but not turn

09:42:12 around.

09:42:13 I think what we're doing, if you pass this as is, is

09:42:15 opening the city up for lawsuits.




09:42:17 A lot of lawsuits.

09:42:18 I asked transportation, can they guarantee without site

09:42:21 plans that these things are actually going to go on

09:42:24 public property?

09:42:24 They said they cannot.

09:42:25 So, I mean we have already had an incident where they

09:42:29 have tried to eye it in the City of Tampa and put in a

09:42:32 sidewalk and it went right on private property.

09:42:34 It was my private property.

09:42:36 I mean, I even had to pay for the survey and that's

09:42:39 what's going to happen with neighborhood associations.

09:42:41 You also have the policy in place that says new

09:42:43 construction, you have to put in a sidewalk.

09:42:45 So if crime understanding how this works in the City of

09:42:47 Tampa, I want to put up a new million, invest a million

09:42:50 dollars in the city.

09:42:51 Then I'm told by the city, you have to put in a

09:42:54 sidewalk, I put in a walk and they automatically get

09:42:56 the rights to the newsrack on the sidewalk I just paid

09:42:59 for.

09:42:59 To me that's a subsidy and it's wrong.

09:43:01 I'll submit one company of Fort Lauderdale so you can




09:43:05 take a look at all the different restrictions in that.

09:43:08 >>THOMAS SCOTT: Thank you, sir.

09:43:08 Next speaker?

09:43:16 >>THOMAS SCOTT: If you run copies of that, please, and

09:43:18 pass them out.

09:43:19 >> Good morning, Council.

09:43:20 I'll will Ford Johnson, 465 Longfellow avenue.

09:43:24 I want to speak on two things.

09:43:26 One is the billboards are, 66.

09:43:28 And the newsracks, 67.

09:43:31 Under the billboards, actually it was a request by the

09:43:37 billboard companies to change the distance from the

09:43:40 standpoint of where they measure illumination.

09:43:44 They brought to our attention, because this is focused

09:43:46 in on the distance involved from the standpoint of how

09:43:51 close these signs can be from a residential property.

09:43:55 Actually, within the ordinance, I think as presented to

09:44:02 you, it's set up on the basis the sign has to be at

09:44:05 least 200 feet from the residential.

09:44:07 Yet, they're going to measure how bright it is at

09:44:10 250 feet.

09:44:11 So, this seems to be kind of out of whack.




09:44:15 It needs to be looked at and we need to bring that in

09:44:17 focus.

09:44:18 I think under your original billboard ordinance, not

09:44:20 digital, but the original billboard ordinance, it's

09:44:25 said 500 feet from a residence.

09:44:28 Perhaps that should be what you choose here.

09:44:30 As respects the newsracks, you had a letter from Thomas

09:44:40 and Cicero, attorney firm.

09:44:43 And in there, they made reference to the fact that

09:44:45 there is a few citizens who have expressed concern

09:44:49 about individual newsracks.

09:44:51 Well, it's more than that.

09:44:52 We discussed this at FAN meeting and we have 44, 45

09:44:58 associations that are member of FAN.

09:45:00 And that represents several thousands citizens.

09:45:05 And we unanimously ask that, and letter was sent to you

09:45:09 by Fred Yural, our secretary.

09:45:12 We unanimously ask that you turn this over to a study

09:45:16 committee and or ask legal to come back with legal

09:45:21 reasons and legal ramifications from the standpoint of

09:45:28 keeping newsracks out of neighborhoods.

09:45:31 Residential neighborhoods.




09:45:33 That's not a place for them.

09:45:35 And this was brought up, discussed in that information

09:45:38 meeting.

09:45:38 And there was no indication of any concession on the

09:45:41 part of the newspaper companies and so forth to put, to

09:45:45 keep their racks out of neighborhoods.

09:45:46 So, we think that needs to be looked at.

09:45:49 And we would request that you, that you do a study and

09:45:53 let's try to find some ways to keep newsracks out of

09:45:56 neighborhoods.

09:45:57 Thank you.

09:45:58 >>THOMAS SCOTT: Okay.

09:45:58 Thank you.

09:45:58 Next speaker?

09:46:01 >> Good morning, Council.

09:46:03 My name is Allen Snell, 1203 east pal hat tan avenue,

09:46:08 in Tampa, Florida.

09:46:09 I'm the director of SWFBUD, Southwest Florida Bicycle

09:46:13 United Dealers.

09:46:15 I'm here to talk about the bicycle topic on the agenda.

09:46:18 Two months ago, I was lucky enough to attend the

09:46:21 national bike summit in Washington, D.C.




09:46:24 I was among 700 bicycle leaders from across the leader

09:46:28 who talked with congressman to adopt bicycle friendly

09:46:30 legislation.

09:46:31 And also engage in some seminars.

09:46:33 And I was also witness to history two months ago at

09:46:38 that summit, the top transportation official, Ray

09:46:42 LaHood, our secretary of transportation, declared a

09:46:45 safe change regarding the way roadways and

09:46:47 right-of-ways are built.

09:46:48 And that, what he meant was that bicyclist and

09:46:51 pedestrians would be taken into consideration as equal

09:46:55 players in the planning of roadways and right-of-ways.

09:47:00 Unfortunately, Pam Iorio didn't quite get the memo on

09:47:03 that, because within the past few weeks, she killed a

09:47:06 city plan to put bike lanes in on Euclid.

09:47:11 Your transportation manager, Jean Dorzback presented a

09:47:14 plan to put bike lanes on Euclid avenue.

09:47:19 And it was a sound transportation plan.

09:47:22 It would serve as an alternative for bicyclists to get

09:47:25 around the city by avoiding Gandy, which is a busy

09:47:28 road, and going on Euclid.

09:47:30 Instead, what the city is now proposing is to put what




09:47:34 is called share rows, which is nothing more than

09:47:38 validating what the bicyclists had the right in the

09:47:42 first place, to be in the road.

09:47:45 A sharro will be printed on the road with share the

09:47:48 road signs.

09:47:49 These are fine, but they're not bike lines that we

09:47:52 really needed.

09:47:53 So, I'm here to ask Council to instruct staff in

09:47:58 response to this issue, to conduct a public bicycle

09:48:04 sharro information campaign to explain to the public

09:48:08 what these stenciled images of bicycles will be on the

09:48:11 road with the share the road signs.

09:48:13 Which basically like I said, is simply value dating a

09:48:17 bicyclists right to the road.

09:48:18 In addition, I asked Lorie Snively, the DOT bicycle

09:48:24 pedestrian coordinator for this particular district,

09:48:27 district 7, to look at putting messages, bicyclists

09:48:31 safety messages on electronic signs in the City of

09:48:34 Tampa and in Hillsborough County.

09:48:37 And she said the DOT has approved two related bicycle

09:48:42 messages.

09:48:42 One is share the road, bicycles are vehicles.




09:48:45 The other is, it's the law, give bicycles three feet

09:48:49 when passing.

09:48:50 I have her e-mail here.

09:48:52 She informed me that it's really up to local government

09:48:55 to put these messages on electronic boards around your

09:48:58 city.

09:48:59 Your city has a history of neglecting bicyclists.

09:49:03 And now it's playing camp up.

09:49:05 Part of that catch up means educating the motoring

09:49:09 public they need to be courteous and also comply with

09:49:12 the law.

09:49:13 Give bicycles three feet when passing.

09:49:15 So that is my second request.

09:49:17 Ask Council to please instruct staff to simply add

09:49:20 those two messages to the DOT allowable messages that

09:49:25 you have on electronic signs.

09:49:26 Thank you very much.

09:49:28 I think the City of Tampa can turn things around.

09:49:31 Miami just like Tampa, was deemed one of the worst

09:49:34 cities for bicycling in the country two years ago.

09:49:36 They have turned it around.

09:49:37 I think you guys can too.




09:49:39 >> Okay, thank you.

09:49:40 Next speaker?

09:49:43 >> Good morning.

09:49:43 Robert Curry.

09:49:45 With atheists of Florida.

09:49:48 I'm the executive director 3614 south Manhattan avenue.

09:49:52 Like to talk about the first item the gentleman spoke

09:49:54 about regarding the billboards at bus stations.

09:49:57 This is a concern for us.

09:49:59 I'd like those with atheists of Florida to please

09:50:05 stand.

09:50:05 We are concerned about our votes.

09:50:06 Bicyclists have not been heard here.

09:50:08 But certainly atheists have been heard less.

09:50:13 We'd like to advertise on these stands.

09:50:15 Today, you heard about the National Day of Prayer.

09:50:18 I'd like to let you know and the City of Tampa that

09:50:20 today is also the national day of reason.

09:50:22 Celebrated by millions of Americans and we are atheists

09:50:26 of Florida, together with the Tampa Bay coalition of

09:50:29 reason would love to use billboards to advertising

09:50:31 stands at the bus stations to advertise that we




09:50:35 advocate and encourage people to donate blood because

09:50:38 that's a practical thing to do to support the national

09:50:41 day of reason.

09:50:42 In fact, we'll be donating blood today right down at

09:50:45 Kennedy, the blood drive place.

09:50:46 So, it's very important to us to have this ability to

09:50:50 speak up.

09:50:51 And I'd like to thank Chairman Scott, who has in the

09:50:54 past said atheists do have a voice.

09:50:58 Thank you very much.

09:50:59 I think you're doing a better job than the mayor of

09:51:03 Lakeland, who attempted to silence atheists.

09:51:07 It's extremely important to us to be able to speak out.

09:51:10 Because we don't get special prevention at the

09:51:12 beginning of this meeting.

09:51:13 Like you come and call a clergy member.

09:51:14 I want to hear someone pray to a God, I would have gone

09:51:17 to a Jewish synagogue or something like that.

09:51:21 >>THOMAS SCOTT: Keep your comments to the item on the

09:51:24 agenda.

09:51:24 >> We could advertise about that.

09:51:26 If you want to pray, pray in church.




09:51:28 We could advertise that if you want to pray, pray in

09:51:30 your closet like Jesus tells you, I'm sure as a

09:51:35 reverend, Chairman Scott, you're familiar with that

09:51:37 Bible verse, Jesus says don't be one of these pious

09:51:42 politicians who goes out to pray and make a spectacle.

09:51:45 >>THOMAS SCOTT: You got to keep your comments to the

09:51:48 things on the agenda.

09:51:49 >> One thing we'd like to use advertising signs is

09:51:51 point out that we want to bring to the public's

09:51:54 attention that atheists deserve respect.

09:51:56 We want to encourage people through this opportunity to

09:52:00 advertise to ask the people running for congress,

09:52:03 running for senate, like Charlie Crist, who recently,

09:52:07 this year, earlier turned his back on someone because

09:52:10 he was an atheist, looked over and thank you for chuck

09:52:13 willing, I appreciate the amount of time you're

09:52:15 spending listening.

09:52:16 But, if you would like to listen --

09:52:20 >>THOMAS SCOTT: And water wasting the time, unless you

09:52:23 speak to tissue on the agenda.

09:52:24 I'm trying to be kind and let you speak to the issue on

09:52:27 the agenda.




09:52:27 You're not doing that.

09:52:29 >> Well, I think that it is connected because these

09:52:34 signs give us the opportunity to advertise and I did

09:52:37 not hear you berating anyone else who went off a little

09:52:40 bit off topic.

09:52:41 I did not hear you berating anyone --

09:52:44 >>THOMAS SCOTT: Sir, the issue today is that you have

09:52:47 to speak to the issue on the agenda.

09:52:49 Council is going to be dealing with today.

09:52:50 That's to be the subject matter.

09:52:54 >> I'm the one to take this out of the item that you're

09:52:59 voting on today.

09:53:00 Number 67.

09:53:01 Paragraph 6.

09:53:03 So, the reason that atheists of Florida would encourage

09:53:07 to you do that, because we value freedom of speech.

09:53:10 The same as Charlie Miranda, who recognizes that this,

09:53:14 that these chambers are free speech area and no one can

09:53:17 silence when we say the pledge we learned it.

09:53:20 We want the opportunity only to be heard.

09:53:23 We want the same consideration, the same respect, the

09:53:27 same human decency that you offer anyone else.




09:53:30 If you run for mayor of Tampa in the future, Chairman

09:53:32 Scott, are you going to turn your back on atheists?

09:53:36 >> Is that on the agenda?

09:53:38 >> No.

09:53:39 >> It's not on the agenda.

09:53:40 Well, perhaps we'll put in an advertisement.

09:53:43 So I want you to consider that when you make your

09:53:45 decision.

09:53:46 But thank you for your time.

09:53:48 And again, atheists will not be silenced.

09:53:51 We'll be heard.

09:53:52 And that's going to be seen now and in the future.

09:53:57 >>THOMAS SCOTT: Next speaker?

09:53:58 Okay.

09:54:00 >> My name --

09:54:01 >>THOMAS SCOTT: No, sir.

09:54:02 No, sir.

09:54:02 Sir.

09:54:04 >> What?

09:54:05 >>THOMAS SCOTT: We have other people over here going to

09:54:07 speak to directly to items on the agenda.

09:54:09 >> I don't know that that's the case.




09:54:10 How do I know that?

09:54:12 >> When they come up, you would know.

09:54:14 >> How do I know that?

09:54:16 >>THOMAS SCOTT: Sir, if you don't mind, you will get a

09:54:18 chance to be heard later on in the.

09:54:20 >> But I don't understand how do I know that?

09:54:24 >>THOMAS SCOTT: Sir?

09:54:24 Sir.

09:54:26 Again, if you're going to speak to items on the agenda,

09:54:31 number item that Council going to be taking up today,

09:54:34 you have first preference.

09:54:35 Whatever time remaining, anybody can come up with any

09:54:39 item.

09:54:39 That is Council policy and rule.

09:54:42 We're not trying to silence anybody in the audience

09:54:45 that want to speak.

09:54:46 However, preference is given to items that are the

09:54:49 agenda that we're going to be dealing with today.

09:54:54 >> How do we know?

09:54:56 >>THOMAS SCOTT: Okay.

09:54:57 Let's find out.

09:54:58 Those who are going to speak on items on the agenda,




09:55:01 raise your hand.

09:55:02 There we go.

09:55:03 >> Marcus, 213 south Cheryl.

09:55:06 With the billboard issue, I know that Mr. Johnson made

09:55:10 some statements about the distance from residential.

09:55:13 But unfortunately, they were incorrect.

09:55:16 I was trying to get the correct information, because

09:55:20 there's so many numbers involved.

09:55:21 It's difficult to keep them straight.

09:55:23 And I would ask Julia Cole, if you would, to please

09:55:26 give the correct numbers for the distance from

09:55:29 residential, because it's differed, if it's on a

09:55:32 regular road or if it's the area from the -- that's

09:55:39 number one.

09:55:40 And then to change the 150 to 250 is a major issue,

09:55:45 because when you get the right numbers, then that

09:55:48 bright light does shine on the residential.

09:55:51 So that's got to be -- well, looked into very

09:55:55 carefully.

09:55:56 Before you pass anything today.

09:55:58 The second issue on the billboards is regarding the bus

09:56:05 shelters.




09:56:05 Always I understood, it was just, we wouldn't have the

09:56:09 digital signs.

09:56:10 I don't think it said they couldn't have advertising.

09:56:12 And, nor that they couldn't have lighting in there.

09:56:16 I don't think it says that.

09:56:17 So, to pull it for that reason is, I think, a

09:56:22 misunderstanding of what it actually says.

09:56:24 The other issue is the newsracks.

09:56:26 That ordinance coming to you today is a detriment.

09:56:31 Not only to residential, but to, even to businesses,

09:56:38 because they could have a string of these boxes that go

09:56:43 on and on and on, as you heard earlier.

09:56:45 So please, I'll be remaining to see what you do with

09:56:49 that.

09:56:49 But, the other issue has to do with the budget item,

09:56:54 whether utility tax is being transferred into the

09:56:58 general fund.

09:57:00 I just heard about this in the last 24 hours.

09:57:03 And because that utility tax is put in place for

09:57:08 capital improvements, I think these bike lanes are

09:57:14 capital improvements.

09:57:15 There's a lot of things that are capital improvements




09:57:18 that we know we need, but this is now being put into

09:57:23 the general fund, and it can be used for anything

09:57:26 whatsoever the city, I think it says anything that the

09:57:30 city can legally use monies for.

09:57:32 So, Dan hasn't reviewed this, because I just found out

09:57:36 about it myself.

09:57:37 So, I hope that Council really thinks hard about doing

09:57:41 that, because we -- I know we need money in the funds

09:57:45 to run the city.

09:57:46 But we also need capital improvements.

09:57:48 A sideline about El Prado, I think -- I mean Euclid, I

09:57:55 think possibly the neighbors may have brought to the

09:57:58 mayor's attention that Euclid is a residential street.

09:58:00 And many people do park their cars on Euclid.

09:58:05 And for to you have a bike path, many of them would

09:58:08 have to park on their lawns.

09:58:09 I don't think we want that either.

09:58:11 So, I think there are places to put it and places not

09:58:14 to.

09:58:14 But that's for the bikes to understand they may have

09:58:19 been some concerns expressed.

09:58:21 >>THOMAS SCOTT: Thank you very much.




09:58:22 Next speaker?

09:58:24 >>MARY MULHERN: Can I just say one thing?

09:58:28 I just want to point out that's on second reading, the

09:58:31 utility tax, so it is a public hearing.

09:58:33 Number 45.

09:58:35 >> Good morning, Council, bill, 3707 west Cleveland,

09:58:40 lawn air neighborhood association.

09:58:42 First I'd like to say one, I believe the staff has done

09:58:45 a phenomenal job on what they have done on this

09:58:48 document?

09:58:49 [buzzer]

09:58:51 [ Laughter ]

09:58:55 >> I think that was from the time left over.

09:59:00 >> So I wanted to thank staff because they have been

09:59:03 very cooperative.

09:59:04 And helped me a lot.

09:59:05 One of the things I asked them to do was put something

09:59:07 relative to noise.

09:59:08 They told me there's already a code on noise.

09:59:11 So last night, thanks to the staff, they sent me out,

09:59:14 and said here's what it is.

09:59:16 I went and checked the signs out myself with this




09:59:18 digital calculator here.

09:59:22 And it basically tells you that all the signs that are

09:59:25 setting right now in the county that are electric, are

09:59:28 too noisy to meet the code.

09:59:29 Which is fine.

09:59:30 So that means they won't be able to put them in unless

09:59:33 they reduce the noise.

09:59:34 So we are happy with that.

09:59:36 Just want to get it on the record that they are above

09:59:38 the current level allowed in the code.

09:59:41 So just wanted Council to be aware of that.

09:59:44 So it's not a problem they're not in the new documents.

09:59:47 The next thing is, secondly, is, there's a new thing

09:59:53 coming up that's going to be before Council and I'm

09:59:55 going to tie this back to the signs.

09:59:57 Has to do with the Tampa comprehensive plan.

10:00:00 Where they're going to request a change to urban mixed

10:00:04 use 60, from what it is currently now, which is R 20.

10:00:08 At the corner of Dale Mabry and Kennedy.

10:00:10 And here's what I'm going to tie it back in.

10:00:14 The 75 feet they're asking for will now allow that sign

10:00:17 to be placed much closer to the residential




10:00:21 neighborhood if it's allowed to pass.

10:00:24 It's coming up later.

10:00:25 But if it's allowed, that's one of these unintended

10:00:28 consequences is, we don't have something in here about

10:00:30 that.

10:00:30 So, if you looked at what's happened here.

10:00:32 -- is this on?

10:00:35 >> This is this about the issue on that particular

10:00:38 hearing?

10:00:38 >> Just want to tie the sign in with the fact that if

10:00:41 this happens, unintended consequences, they can put a

10:00:44 sign on that property.

10:00:45 And we can't stop them because they have now got an

10:00:48 extra 75 feet on towards rowland.

10:00:51 >> The appropriate time to raise that issue, either

10:00:53 raise the issue now, but I'm concerned you're getting

10:00:56 into specific facts of a specific parcel.

10:00:58 You could come at that time and that might be a reason

10:01:00 why you may be opposed to it.

10:01:02 But you could talk in the abstract, but I prefer if you

10:01:05 did not get into the specifics of the particular piece

10:01:07 of property coming before Council.




10:01:09 >> I understand.

10:01:10 >> I apologize, but that keeps things clean.

10:01:13 >> The only point I want to make is, that if that gets

10:01:15 approved, we have nothing in the current code that's

10:01:18 before Council that's going to prevent Council or us

10:01:22 from stopping that sign to go up.

10:01:24 And that property has been vacant since 2001, with lots

10:01:27 of promises of what they would do.

10:01:29 None of it's ever happened.

10:01:31 So bottom line is the sign goes up with the current

10:01:34 plan that you have the code, you're putting forth for

10:01:36 Council, that sign can be put on that property and we

10:01:38 can't stop it.

10:01:39 Now, I'm not saying that's what the property should be

10:01:43 used for.

10:01:43 I'm just saying that can happen.

10:01:45 I'm asking to you consider that in whatever you do.

10:01:47 Because if you're going to approve the other, then we

10:01:49 are going to set up a situation with the sign that's

10:01:52 not going to be a good one.

10:01:53 Thank you for your time.

10:01:54 >>THOMAS SCOTT: Okay, thank you, sir.




10:01:56 Next speaker?

10:02:00 >> Good morning, Council.

10:02:01 Ann Kulig representing the Westshore Alliance, 3109

10:02:05 West Martin Luther King.

10:02:07 I have been here before about item 67, the newsracks.

10:02:09 We have been before you many times to talk about our

10:02:11 Westshore overlay district, which deals primarily, or a

10:02:14 lot with aesthetics in the district.

10:02:17 As Spencer Kass reiterated earlier, there's lots of

10:02:21 requirements for private property owners, for sign

10:02:23 regulations, landscaping, brought millions and hundreds

10:02:26 of millions of dollars into properties as required by

10:02:29 the city, and within the newsrack ordinance as it is,

10:02:33 the ability to place these single newsracks pretty much

10:02:36 anywhere they want, it's going to be an issue.

10:02:39 In the current code as it is written, if a property

10:02:43 owner doesn't want it there, there's a process to

10:02:45 request for removal.

10:02:47 The city attorney has indicated that's kind of a first

10:02:50 amendment free speech.

10:02:52 We can't deal with that issue.

10:02:53 So it needs to come out.




10:02:54 But I think this ordinance originally was being written

10:02:57 to allow modular newsracks.

10:02:59 Which in my opinion is an aesthetic improvement.

10:03:03 They're more regulated, more structured design.

10:03:05 You don't have the rainbow of ten different colors of

10:03:08 newsracks cluttering a sidewalk.

10:03:10 But it's one modular well designed newsrack.

10:03:13 But in the process of doing that, I think you've

10:03:16 created some other concerns with these individual

10:03:18 newsracks that can pretty much be placed anywhere

10:03:20 people want them, as long as they're meeting separation

10:03:23 requirements.

10:03:23 So, we just ask that you look at those individual

10:03:26 newsracks a little further.

10:03:28 And consider some of the aesthetic concerns related to

10:03:31 that.

10:03:32 Thank you.

10:03:32 >>THOMAS SCOTT: Thank you very much.

10:03:33 Next speaker?

10:03:36 >> Good morning.

10:03:37 My name is clearly Phillips, 3410 east shadow lawn.

10:03:42 I want to speak on item number 64, concerning the




10:03:44 parks.

10:03:45 My son was going to the park until they raised the

10:03:49 fees.

10:03:50 I cannot afford the new fees.

10:03:52 So he was still attending the park.

10:03:55 Then I found out Tuesday, he cannot can come on the

10:03:58 property any longer.

10:03:59 Now, I'm not understanding why he can't come on the

10:04:03 property.

10:04:04 I thought it was a public park.

10:04:05 And you could go to the park.

10:04:07 Now, I was informed that he cannot come to the park.

10:04:10 Okay.

10:04:10 The summer is coming up.

10:04:12 School is out.

10:04:13 So he can't go to the park for the summer either?

10:04:15 I'm trying to understand what's going on with the park

10:04:17 system.

10:04:18 They incorporate this red card, okay.

10:04:22 Okay, I purchase a red card.

10:04:26 So now he can't even come on the property?

10:04:28 It's a public park.




10:04:29 He can go to the pack.

10:04:31 I was understanding any child could go to the park.

10:04:33 So now he can't go to the park?

10:04:35 The summer is coming up.

10:04:37 Going to be out of school, so he can't go to the park

10:04:40 and participate in any of the activities on the park?

10:04:42 I'm trying to find out what's going on with the park

10:04:45 system.

10:04:47 >>GWEN MILLER: Which park?

10:04:49 >> Fairoaks.

10:04:51 >>GWEN MILLER: Would you go to the back, my aide will

10:04:53 get information.

10:04:55 >> Go to the back and talk?

10:04:56 >> My aide Libby.

10:05:01 >>JOHN DINGFELDER: We have scholarships available.

10:05:02 That's the point.

10:05:03 We have scholarships available.

10:05:06 >> I did go to one of the meetings, and the

10:05:08 scholarships was $25 a week.

10:05:10 I cannot afford that.

10:05:12 >>GWEN MILLER: We'll get that straightened out for you.

10:05:15 Go with the aide and she'll tell you where to go.




10:05:17 >>THOMAS SCOTT: Thank you, ma'am.

10:05:19 >> Good morning.

10:05:20 I am Elder Michelle B. Patty, P.O. Box 4624 Tampa,

10:05:26 Florida.

10:05:27 I'm here this morning standing in the gap, for the

10:05:29 young people that would be killed, hurt, and

10:05:35 incarcerated this summer, because they have nowhere to

10:05:39 go.

10:05:40 I'm also standing here on behalf of seniors, who have

10:05:44 enjoyed the parks, but will not be able to attend these

10:05:49 parks any longer.

10:05:50 It's good to hear about scholarships.

10:05:53 But when you're facing a mortgage, when you're facing,

10:05:57 trying to put food on your table, there is no monies

10:06:00 left for scholarships.

10:06:02 The parks should be open to all that would love to

10:06:05 attend.

10:06:06 We see that we're headed for a long, hot summer.

10:06:11 I stand before you as a victim, my son was murdered by

10:06:17 another youth because he had nothing to do.

10:06:20 Our children are bored.

10:06:23 And I cannot for the life of me understand a Council




10:06:28 who would rather see that we have more police, which

10:06:32 would cost more money, build more prisons than to put

10:06:36 preventive measures in place to save our youth.

10:06:40 It is time that we put common sense into good

10:06:45 government.

10:06:46 Our children need a safe place to enjoy this summer.

10:06:52 So, we're asking you, please on behalf of those who

10:07:00 could not stand here this morning, to put some common

10:07:02 sense into these fees, these outrageous fees that

10:07:07 you're putting on these people that cannot afford to

10:07:10 take care of their families.

10:07:11 And I don't stand here as an idle person.

10:07:14 I put moneys into the park as a taxpayer, also, just

10:07:19 now this morning, I sent money out to Doster center in

10:07:25 Port Tampa, so that our seniors can enjoy some

10:07:29 festivities out there.

10:07:30 I give them my time.

10:07:31 I give them my dollars.

10:07:33 But, we need this Council, please, please, hear these

10:07:38 young people.

10:07:39 Not read about them in a paper, where they burnt

10:07:43 someone alive, as we just heard on yesterday, young man




10:07:47 left in a dumpster.

10:07:48 Because we're going to see more and more of that.

10:07:51 If you do not take a proactive stand here today.

10:07:56 Council, you have that authority to do that.

10:08:00 Yes, we're in a budget crisis.

10:08:03 But we can find somewhere else to cut and not create

10:08:07 more of a crisis on the citizens of this city.

10:08:12 We do not want our people to be attacked, robbed, hurt,

10:08:17 because our children are bored.

10:08:19 Thank you.

10:08:20 >>THOMAS SCOTT: Thank you.

10:08:21 Next speaker?

10:08:24 [ Applause ]

10:08:38 >>THOMAS SCOTT: Mr. Rotella?

10:08:40 >> Good morning.

10:08:40 I wanted to address the item that was previously

10:08:43 submitted to City Council and that's on the inspection

10:08:47 fees that the far martial has now levied for commercial

10:08:53 properties.

10:08:53 Our concern is, you can see by the attachment --

10:08:58 >>THOMAS SCOTT: Mr. Rotella, that is not on our agenda

10:09:00 today, so we have to take that up later.




10:09:04 But that is not on our agenda today.

10:09:05 So we give preference first --

10:09:07 >> Okay.

10:09:08 >>THOMAS SCOTT: To items on the agenda first.

10:09:09 And then any item that we have time left for the public

10:09:14 comment, then we take those items up.

10:09:16 >> And that's later on in the day?

10:09:18 >>THOMAS SCOTT: Yes.

10:09:19 Depending how much time we have.

10:09:21 Will be at the end of the meeting.

10:09:22 How much time do we have left on the clock?

10:09:27 >> Started at 9:28.

10:09:28 And it's now ten after 10:00.

10:09:34 >>THOMAS SCOTT: We are over the time.

10:09:35 Mr. Rotella, I'm sure we are going to take this up

10:09:37 later on under new business.

10:09:42 >>LINDA SAUL-SENA: New business occurs at the end of

10:09:43 the meeting.

10:09:44 Waivers going to suggest, that we grant ourselves 15

10:09:47 more minutes of one minute presentations each.

10:09:49 To accommodate 15 more people from the public.

10:09:52 15 more minutes.




10:09:54 That's my motion, to have 15 more minutes of one-minute

10:09:57 presentations each.

10:10:00 >>THOMAS SCOTT: One minute presentation?

10:10:02 >> Yes.

10:10:03 >>THOMAS SCOTT: Okay, second to that motion?

10:10:06 Okay, dies for lack of a second.

10:10:08 You mean this afternoon after like 2:30?

10:10:20 >>THOMAS SCOTT: Okay.

10:10:22 >>LINDA SAUL-SENA: I tried.

10:10:27 >>THOMAS SCOTT: The problem is, that we have a heavy

10:10:29 agenda today.

10:10:29 And a heavy agenda this afternoon.

10:10:31 But Mr. Rotella, we'll take this up under new business.

10:10:35 Let me just allow one other person from this side to

10:10:41 come and speak.

10:10:41 That will be it for the day.

10:10:43 Because we are 35 minutes over.

10:10:44 I'm just going to allow that one person to speak.

10:10:47 And then move on to the agenda.

10:10:51 >> Thank you very much.

10:10:54 My name is John Kieffer.

10:10:56 I'm the president of atheists Florida.




10:10:59 Before I start, I want to thank Councilman Dingfelder

10:11:04 for acknowledging the Vietnam veterans, who were not

10:11:08 acknowledged.

10:11:09 I am a Vietnam veteran combat vet.

10:11:11 Also an atheist, and as such, I follow for our

10:11:15 constitutional rights, which includes the first

10:11:17 amendment.

10:11:18 And that is, includes of course the establishment

10:11:22 clause.

10:11:22 I'm here to speak about the invocation clearly violates

10:11:26 the spirit of the church separation, church, state

10:11:31 separation idea.

10:11:31 When you come in here and do an invocation, and I

10:11:36 certainly appreciate the act of bringing in a Rabbi,

10:11:43 which certainly has been a difference from, a change

10:11:45 from all the Christians you've had in here.

10:11:48 >>THOMAS SCOTT: Again, I want you to frame your

10:11:49 comments with the item on the agenda.

10:11:53 >> And the item on the agenda --

10:11:57 >> Give us the number.

10:11:58 >> It's called number zero.

10:12:00 The invocation.




10:12:01 It is on the agenda.

10:12:02 It's very important.

10:12:03 It's a very important issue to us.

10:12:05 I know the other issues are also very important.

10:12:07 But this is a civil rights issue.

10:12:09 We are a religious minority.

10:12:11 And we need to be able to speak today.

10:12:17 >> I'm sorry to interrupt, sir.

10:12:20 I want to be clear because I see along the wall that

10:12:22 there are people here who still have, may have an

10:12:25 opportunity and if there are, please do raise your hand

10:12:27 just so I am not making this up.

10:12:29 If there are people who are here to speak on a numbered

10:12:33 item on the agenda who yet to have that opportunity,

10:12:36 would you please inform that Council by raising your

10:12:38 hand?

10:12:39 Okay.

10:12:39 Now, Mr. Chairman --

10:12:43 >>JOHN DINGFELDER: We're 15 minutes over.

10:12:44 >> That being said, let me be clear what Council's

10:12:47 rules are.

10:12:48 Council does not deny the right of anybody to address




10:12:51 Council.

10:12:52 They give preference to the numbered items on the

10:12:54 agenda?

10:12:55 Mr. Chairman, and anybody who wishes to speak to

10:12:58 Council will have a full opportunity for their full

10:13:02 three minutes at the end of today's meeting.

10:13:05 The items that are going to be taken up today that are

10:13:08 set for public hearing, you will have the items during

10:13:10 the public hearing to address City Council.

10:13:13 The items that are here for first reading, you will

10:13:17 hear the discussion of Council.

10:13:19 If you wish to communicate with Council, those items

10:13:21 are not scheduled to be adopted today.

10:13:23 They will come back in two weeks for a second reading

10:13:28 and a public hearing, during which you'll have the

10:13:31 opportunity to speak.

10:13:31 And again, you'll also, that is the legislative matter,

10:13:34 the opportunity to contact Councilmembers between now

10:13:37 and that meeting.

10:13:38 So, I apologize for those who have not had the

10:13:41 opportunity to speak.

10:13:42 But you will have, per Council's rules, the full




10:13:45 opportunity at the end of today's meeting.

10:13:47 >> That would be great.

10:13:48 I don't want to make mention of the park bench of the

10:13:51 bench, the bus bench idea that you have, as one of the

10:13:55 numbered items.

10:13:56 That my shirt says --

10:13:59 >>THOMAS SCOTT: Sir.

10:13:59 >> I do want to speak on this.

10:14:01 That you do have, the benches out there.

10:14:03 And we look forward to putting our posters on it.

10:14:06 That says don't believe in God, you are not alone.

10:14:10 Thank you very much.

10:14:11 >>THOMAS SCOTT: Thank you very much.

10:14:12 Thank you very much.

10:14:13 That concludes our public comments.

10:14:15 And then what we'll do, during the items that are on

10:14:18 the agenda, if time allows, we'll try to accommodate

10:14:21 those on the wall, if you will.

10:14:25 If you do me a favor, just write on a piece of paper,

10:14:28 give it to the clerk on that item and when we get to

10:14:30 the item, they'll forward total me and I'll try to make

10:14:33 sure you have an opportunity to speak at that time.




10:14:34 I think it's four people on the items on the agenda.

10:14:37 Items on the agenda.

10:14:38 Okay.

10:14:38 Thank you very much.

10:14:40 We need to move now to -- is anyone here for a

10:14:51 reconsideration?

10:14:52 We're going to be taking up, Miss Patty -- Michele?

10:14:55 We're going to be taking up the park issue in about 30

10:14:58 minutes.

10:14:59 Anyone here wish to request a reconsideration on the

10:15:07 legislative issue in the legislative matter?

10:15:09 Please.

10:15:10 If not, we'll take up the ordinance number 3.

10:15:17 Councilman Dingfelder, you want to read number three

10:15:21 for us please?

10:15:26 >>THOMAS SCOTT: Please, as you exit, please remain

10:15:28 quiet as you exit the building please.

10:15:30 Councilman Dingfelder?

10:15:34 >>JOHN DINGFELDER: Thank you, Mr. Chairman.

10:15:35 Just as a, as a preference, I think this was an

10:15:41 excellent ordinance.

10:15:43 I think all of Council's very concerned about the




10:15:46 towing.

10:15:49 >>THOMAS SCOTT: If we can hold the noise down, please.

10:15:52 Please Council is still in session.

10:15:53 Thank you.

10:15:55 >>JOHN DINGFELDER: I was saying, I thinks it's an

10:15:58 excellent ordinance.

10:15:58 Council is very concerned about the towing that goes on

10:16:01 around the city.

10:16:02 I think it's very aggressive and frankly very hurtful

10:16:05 to our entertainment and restaurant industry.

10:16:08 So, I think we're trying our best to address this in

10:16:12 ordinance, and I'll go ahead and read it for first

10:16:15 reading, ordinance of the City of Tampa, Florida making

10:16:17 comprehensive revisions to the City of Tampa code of

10:16:20 ordinances chapter 14 offenses, amending section 14-48

10:16:23 to clarify the language an of paragraph 14-48 D to make

10:16:28 it unlawful for wrecker drivers to tow vehicles to a

10:16:31 temporary site and not tow the vehicle directly to the

10:16:33 wrecker operator's storage facility.

10:16:37 Providing for repeal of all ordinances in conflict,

10:16:39 providing for severability, providing an effective

10:16:40 date.




10:16:42 >>THOMAS SCOTT: Councilwoman Saul-Sena?

10:16:45 >>LINDA SAUL-SENA: Thank you.

10:16:46 I would like to ask the two Council representatives who

10:16:48 sit on the public transportation commission, to be, to

10:16:51 be really -- try to help us be more effective with

10:16:56 towing as, Mr. Dingfelder characterized it, as an

10:17:02 aggressive ability.

10:17:03 There are a lot of people who don't see the small

10:17:05 signs, have their vehicle towed.

10:17:09 Are forced to pay usually over $200 in cash.

10:17:12 Given no receipt.

10:17:15 The behavior of some of the tow truck companies is

10:17:18 really not -- it doesn't appear to be very professional

10:17:21 or regulated.

10:17:22 So, to the degree that you're able, as members of the

10:17:25 PTC, to make the tow companies more professional in the

10:17:32 way they deal with the public that is all to the good.

10:17:35 Because right now, there's a lot going on that feels

10:17:37 like it's almost highway robbery rather than

10:17:39 professionally taking people off lots where they're not

10:17:42 supposed to be.

10:17:43 >>THOMAS SCOTT: Thank you.




10:17:44 We'll come to that issue later on about the appointment

10:17:46 to the PTC as well.

10:17:48 Also, Mr. Miranda, this is the ordinance that

10:17:52 Mr. Miranda brought before Council few weeks ago.

10:17:56 >>CHARLIE MIRANDA: I agree with everything that's been

10:17:58 said.

10:17:59 But these are just some wild cat operators, that some

10:18:03 owner puts up a sign and they, guesswork out some type

10:18:07 of a monetary arrangements.

10:18:09 And this is the results.

10:18:10 By large numbers, they do a good job.

10:18:13 Years ago, we did change something in the 2001, 2000

10:18:18 years where they had a small sign hidden behind the

10:18:20 tree.

10:18:21 And now that sign has changed, at least the public is

10:18:25 somewhat notified.

10:18:26 But I appreciate everyone's concern.

10:18:28 >>THOMAS SCOTT: Thank you.

10:18:29 Any other comments?

10:18:29 Motion?

10:18:30 Yes, Councilwoman Mulhern?

10:18:34 >>MARY MULHERN: I'm not going to be able to serve on




10:18:35 the public transportation.

10:18:37 >>THOMAS SCOTT: We'll bring that up later on.

10:18:39 >>MARY MULHERN: I wanted to say since Miss Saul-Sena

10:18:42 and Mr. Miranda are very involved, they would think

10:18:45 about doing it again.

10:18:47 I nominate you.

10:18:48 I respectfully blind the nomination.

10:18:51 >>THOMAS SCOTT: The motion on the floor.

10:18:52 Moved and second.

10:18:53 Second by Councilman Miranda.

10:18:54 All in favor signify by saying aye.

10:18:57 Opposes?

10:18:58 >>THE CLERK: Motion carried unanimously.

10:19:00 Second reading of the ordinance will be held may the

10:19:01 20th at 9:30 a.m.

10:19:03 >>THOMAS SCOTT: Number four, council man Mulhern you

10:19:06 want to read that.

10:19:07 >>MARY MULHERN: Thank you, Mr. Chairman.

10:19:08 I move ordinance placed on first reading consideration,

10:19:11 ordinance of the City of Tampa, Florida making

10:19:13 comprehensive revisions to the City of Tampa code of

10:19:15 ordinances chapter 27, zoning, amending section 27-466,




10:19:20 West Tampa overlay district development design

10:19:23 standards, providing for repeal of all ordinances in

10:19:28 conflict, providing an effective date.

10:19:31 >> Second by Councilman murder.

10:19:34 >>LINDA SAUL-SENA: Quick question for Julia Cole.

10:19:36 You know I have been working very hard trying to figure

10:19:38 out how to protect historic buildings that are torn

10:19:41 down.

10:19:42 And West Tampa, these rules are better.

10:19:45 However, my understanding is that because West Tampa is

10:19:48 not any kind of protected area, that people can tear

10:19:53 down historic buildings unless the specific buildings

10:19:58 are landmarked.

10:19:59 We don't have contributing structures that are

10:20:00 protected.

10:20:01 Correct?

10:20:03 >> West Tampa is not part of historic district.

10:20:07 It is national historic district.

10:20:09 Not local.

10:20:09 There is a little nuance there.

10:20:11 Because any building in that area, which is part of the

10:20:14 national district, older than 50 years old, they all go




10:20:19 to Dennis Fernandez for review of demolition permits.

10:20:23 However, because part of that is a national historic

10:20:25 district, if there is a property that comes forward

10:20:29 that may be eligible for designation because it's

10:20:33 existing in a national his torque district, there is

10:20:35 additional rights given to historic preservation

10:20:38 commission to determine whether or not that should be

10:20:40 moved forward for designation in those areas other than

10:20:44 the national historic district.

10:20:46 So there is a little bit of a difference between what's

10:20:52 happened within the area that is the national historic

10:20:54 district.

10:20:55 It is not a local historic district, so it doesn't have

10:20:58 all those protections.

10:21:02 >>LINDA SAUL-SENA: This is better than what we have.

10:21:04 But I'd love you to see if we Ken large the protection.

10:21:07 Thank you.

10:21:08 >>THOMAS SCOTT: Okay.

10:21:08 Moved and second.

10:21:09 Second by Councilman Miranda.

10:21:11 All in favor signify by saying aye.

10:21:12 Opposes?




10:21:15 >> Motion carried unanimously.

10:21:17 Second reading of the ordinance will be held may the

10:21:19 20th at 9:30 a.m.

10:21:21 >>THOMAS SCOTT: We'll move to our public, to our

10:21:25 committee reports, public safety, Councilwoman Miller.

10:21:29 >>GWEN MILLER: I move resolution 5 through 10.

10:21:33 >> Second.

10:21:33 >>THOMAS SCOTT: All in favor signify by saying aye.

10:21:36 Parks and recreation.

10:21:38 >>LINDA SAUL-SENA: Thank you.

10:21:39 I'm not clear whether we are holding number 11.

10:21:41 >>THOMAS SCOTT: 11 and 13, we're pulling those.

10:21:43 >>LINDA SAUL-SENA: Then I'd like to move resolutions,

10:21:45 12, 14, 15 and 16.

10:21:47 >> Second.

10:21:48 >>THOMAS SCOTT: Moved and second.

10:21:49 All in favor signify by saying aye.

10:21:50 Opposes?

10:21:52 Public works, Councilman Miranda.

10:21:55 >>CHARLIE MIRANDA: Move item 17 through 123.

10:21:58 >>THOMAS SCOTT: Second by Councilman Dingfelder.

10:21:59 All in favor signify by saying aye.




10:22:01 Opposes?

10:22:03 Okay.

10:22:04 Finance committee, counsel woman Mulhern.

10:22:07 >>MARY MULHERN: Thank you, Mr. Chairman.

10:22:08 I move items 24 through 29.

10:22:10 >> Second.

10:22:11 >>THOMAS SCOTT: Moved and second.

10:22:12 Second by Councilman Miranda.

10:22:14 All in favor signify by saying aye.

10:22:16 Opposes?

10:22:16 Building and zoning, Councilman Caetano.

10:22:21 >>JOSEPH P. CAETANO: I want to move items 30 to 38.

10:22:24 >>THOMAS SCOTT: Second by Councilwoman Saul-Sena.

10:22:26 All in favor signify by saying aye.

10:22:29 Transportation, Councilman Dingfelder.

10:22:32 >>JOHN DINGFELDER: Thank you, Mr. Chairman.

10:22:33 I will move items 39 and 40 and move 41 until the mayor

10:22:39 arrives.

10:22:40 39 and 40.

10:22:42 >> Second.

10:22:43 >>THOMAS SCOTT: Moved and second.

10:22:44 All in favor signify by saying aye.




10:22:46 Opposes?

10:22:47 Okay.

10:22:48 >> Items 42, 43.

10:22:51 >> Second.

10:22:51 >>THOMAS SCOTT: Moved and second.

10:22:52 Second by Councilman Miranda.

10:22:54 All in favor signify by saying aye.

10:22:56 Opposes?

10:22:58 Okay.

10:22:58 We have our second readings.

10:23:04 >> 14 and 46 are not quasi-judicial.

10:23:07 >> Motion to open.

10:23:08 >> So moved.

10:23:09 >> All in favor signify by saying aye.

10:23:11 Item 44.

10:23:12 Anyone wish to address Council on item 44?

10:23:15 Item 44, anyone.

10:23:20 >> Move and second.

10:23:20 All in favor signify by saying aye.

10:23:26 >>CHARLIE MIRANDA: I move an ordinance presented for

10:23:27 second reading adoption, an ordinance amending

10:23:29 chapter -- Tampa City Code Section 19-131, 19-133,




10:23:33 19-135 and 19-136 of the Foreclosure Registry

10:23:33 Ordinance; repealing all ordinances or parts of

10:23:33 ordinances in conflict therewith; providing for

10:23:33 severability and interpretation; providing an effective

10:23:33 date.

10:23:46 I assume this is the one that you brought up to the

10:23:48 Council sometime back, and I commend you and

10:23:51 Councilmembers for working on this very diligently.

10:23:54 >>THOMAS SCOTT: Thank you, sir.

10:23:55 That was second by Councilman Dingfelder.

10:23:57 All in favor -- record your vote.

10:24:11 >> Motion carried unanimously.

10:24:14 >>THOMAS SCOTT: Item 45.

10:24:15 Anyone wish to address Council on item 45?

10:24:17 Item 45?

10:24:19 You may come forward.

10:24:21 State your name.

10:24:21 Address for the record.

10:24:25 >> Good morning.

10:24:27 Dan Woodward.

10:24:28 3111 west Dr. Martin Luther King, Jr. Boulevard.

10:24:33 I'm here on behalf of the Westshore alliance government




10:24:36 affairs committee, to ask to you reconsider item 45.

10:24:40 Sweeping of the Tampa utility tax fund into the Tampa

10:24:45 general fund.

10:24:45 First, these dollars are collected from citizens and

10:24:50 businesses.

10:24:50 And it's promised on the back of every utility bill

10:24:53 that these go for public improvements, capital

10:24:56 improvements.

10:24:56 Number two, this limits transparency of the city's

10:25:01 budget process.

10:25:02 Because this is done through an ordinance here, and

10:25:07 because the city's budget is approved in an ordinance

10:25:09 basis, my understanding is that if this is moved and

10:25:13 allowed to be used for any lawful purpose by the city,

10:25:17 that it's a little more difficult for the public to

10:25:19 understand where those capital improvement dollars are

10:25:23 going when it comes time for the budget.

10:25:25 Number three, I think you've heard today and we hear

10:25:28 often in this body, that there's a critical need in the

10:25:31 City of Tampa for public infrastructure.

10:25:33 I think this is bad public policy.

10:25:36 And I request that you reconsider this ordinance.




10:25:40 Thank you.

10:25:41 >>THOMAS SCOTT: Next speaker?

10:25:42 Thank you, sir.

10:25:44 >> Market fizzy, 213 south Cheryl.

10:25:48 I'd like to reiterate what I said earlier.

10:25:50 I brought it up because I wanted to talk about the

10:25:52 bicycle issue as well.

10:25:53 But, Dan has no had a chance to even know about this.

10:25:59 I just found out about it myself.

10:26:01 And as was just said, we need capital projects so badly

10:26:07 within this city, to move these funds into the general

10:26:11 fund, where we don't know very easily how they will be

10:26:16 spent.

10:26:16 Or subsidized, what other general funds would have been

10:26:22 used for is a concern.

10:26:23 So I would ask you also, though I'm not speaking for

10:26:28 Dan, want to make this very clear.

10:26:29 We haven't been able to review this yet.

10:26:31 But to please pull it so we can get more information

10:26:34 and to see how we could watch to be sure that in the

10:26:38 general fund, it would be used for capital projects.

10:26:41 Thank you.




10:26:41 >>THOMAS SCOTT: Thank you.

10:26:41 Next speaker?

10:26:46 >> Good morning again, Spencer Kass, 101 north Howard

10:26:51 avenue.

10:26:52 I'm here to request it be pulled.

10:26:53 The understanding we had it would be swept into general

10:26:56 fund just for accounting purposes so it wouldn't like

10:26:59 the money was being counted twice.

10:27:01 I'd be asked it changed to say it can only be used to

10:27:05 repay bonds or capital improvements.

10:27:07 We all know there is not a single neighborhood

10:27:09 association in this city that does not have capital

10:27:11 projects they need done.

10:27:13 I need my park fixed, roads are falling apart.

10:27:16 Sidewalks are missing.

10:27:17 I don't think any Councilmember wants to be the Council

10:27:20 members who shows up and says why can't we get new

10:27:24 sidewalks put in.

10:27:25 You say well, because we took away all the capital

10:27:28 improvement money and decided to sweep is it into the

10:27:30 general fund.

10:27:31 I'd ask you pull this item and have legal rewrite the




10:27:34 language to say that the money can go into the general

10:27:36 fund, but it can only be used for solely purpose of

10:27:39 repaying bonds or for capital improvements.

10:27:41 Thank you.

10:27:42 >>THOMAS SCOTT: Anyone else from the public?

10:27:45 Anyone else from the public?

10:27:47 Okay.

10:27:47 Let me have Miss Wise come and then Councilwoman

10:27:51 Mulhern, Councilman Dingfelder and then Councilwoman

10:27:53 Saul-Sena.

10:27:55 >> Bonnie Wise, director of revenue and finance.

10:27:58 I wanted to make sure the Council understands the

10:28:00 current process.

10:28:01 Currently we transfer more than half of the utility tax

10:28:04 fund into the general fund now.

10:28:06 And we do it through the budget process.

10:28:09 And it is a large $37 million or so transfer.

10:28:12 I think that that process is less transparent than the

10:28:17 one that we're proposing.

10:28:19 I don't like how we have had this current situation.

10:28:22 I think now, it is really unnecessarily complicated.

10:28:26 And it really came through, part of my discussions that




10:28:29 I had with the unions when we were going over certain

10:28:32 fund balances and the accounts that we have, so I

10:28:35 wanted people to know that currently, we do move money

10:28:38 into the general fund for various purposes.

10:28:41 Capital and noncapital matters, through this transfer

10:28:45 process.

10:28:46 And it really inflates the budget.

10:28:48 And I know that when you all look at the budget and you

10:28:51 see when I show you a pie chart, that's right always a

10:28:54 thick transfer piece of the pie.

10:28:56 I think that that's even more complicated.

10:28:58 I want to assure you too that it will still be

10:29:02 accounted for as a separate revenue item.

10:29:04 You will still see it in the budget.

10:29:06 You will still approve it through the budget process,

10:29:08 which is through ordinance.

10:29:10 And the monies that expenditures will be used through

10:29:13 general, first general city purposes.

10:29:16 So going forward, there won't be more or less capital

10:29:20 items that are used with this monies, because of this

10:29:22 accounting change.

10:29:23 It will be presented before you, and it will be, I




10:29:27 feel, much more transparent.

10:29:29 I am not aware -- my staffer is not aware, who have

10:29:33 worked in other governments, of any other Florida

10:29:35 government who has this setup like we have here.

10:29:39 I think this will provide us additional flexibility.

10:29:42 It will be very clear, much more transparent.

10:29:46 And much more consistent with the way other governments

10:29:48 are doing this, who have this very same revenue source.

10:29:52 We have been doing it this way for a long time.

10:29:54 I think it's now a time for us to uncomplicate the

10:29:58 process and be much more clear in the process.

10:30:01 >>THOMAS SCOTT: Councilwoman Mulhern, Dingfelder and

10:30:06 Saul-Sena.

10:30:07 >>MARY MULHERN: Thank you, Mr. Chairman.

10:30:08 I know that when I asked you about this, I heard your

10:30:11 explanation, but it seems like there are people in the

10:30:17 public that aren't sure about this.

10:30:19 So, I have a couple questions.

10:30:23 When you just said now you transfer -- what percent?

10:30:27 40%?

10:30:28 >> More than half.

10:30:29 >>MARY MULHERN: More than half.




10:30:30 But how much of that, once it's transferred into the

10:30:33 general fund, is not going for capital expenses?

10:30:38 Do we know?

10:30:39 >> Most.

10:30:40 >>MARY MULHERN: Most is not going for capital?

10:30:42 >> Yes.

10:30:43 >>MARY MULHERN: Okay.

10:30:43 So, you're saying that there's no other municipality

10:30:49 that sets this up that way.

10:30:51 But are there other municipalities that have other ways

10:30:54 of requiring that their utility revenue only goes to

10:31:00 capital?

10:31:01 >> If we can just make it really clear, because the

10:31:04 term utility tax is really a complicated term.

10:31:06 I just want the public to understand.

10:31:08 These aren't monies from water and sewer utilities.

10:31:11 That's a different revenue source.

10:31:14 Our water rates and sewer rates.

10:31:16 This is utility tax.

10:31:17 It is part of the utility bill, you the -- bill, but it

10:31:21 is a separate utility tax.

10:31:23 Non-ad valorem revenue source.




10:31:25 I don't want to complicate those.

10:31:26 I can't tell you I know what every single government is

10:31:29 doing and how they prepare their capital.

10:31:31 But I know that every Florida government too is facing

10:31:34 the same struggles we are, as general fund refuse

10:31:37 influence are -- revenues are declining and needs.

10:31:41 Like the needs in park and rec are increasing.

10:31:44 There are ways, every government is facing this.

10:31:46 So how exactly are they handling their capital?

10:31:49 I know what the City of Tampa capital is important and

10:31:52 we need to maintain our capital.

10:31:53 But I will also tell you, because of the general fund

10:31:56 requirement, and our programming, we are looking at

10:31:59 every capital project and seeing if every capital

10:32:01 project is necessary and if every capital project may

10:32:05 be some can be postponed.

10:32:07 So it is part of our budget process and I know you all

10:32:10 have asked me about it, are there certain capital

10:32:12 projects that be delayed so we can preserve some

10:32:15 programs?

10:32:15 It is part of every government's process.

10:32:20 >>MARY MULHERN: My feeling about this is that, since we




10:32:23 have some concerns, and since we're -- I can understand

10:32:29 you wanting to do this before the next fiscal year.

10:32:31 But at this point, I think that at the very least, the

10:32:36 budget advisory committee needs to look at this.

10:32:38 And Pam and other people, so I don't know.

10:32:42 I mean, this is second reading.

10:32:45 I have to apologize because I wasn't here for the first

10:32:47 reading to the finance, you know the FAN people.

10:32:51 And citizens.

10:32:51 Because I probably would have asked to continue or

10:32:58 something.

10:32:58 So that we could get more information.

10:33:01 So, I think we need more time to look at this.

10:33:05 >> You know --

10:33:07 >>MARY MULHERN: When you explained it to me, I thought

10:33:09 it sounded great.

10:33:10 Now I'm hearing the other side and also thinking about

10:33:12 how it's going to affect the way that we look at the

10:33:14 budget in the future.

10:33:16 So, I don't know.

10:33:18 I'm wondering if we can continue this, as opposed to,

10:33:22 you know, an up or down vote?




10:33:25 >> Mr. Chairman, that was one thing I did mention at

10:33:27 the first public hearing that I failed to mention today

10:33:29 too.

10:33:29 Is that the debt -- there is debt service that we have

10:33:32 pledged with this revenue source.

10:33:34 And I wanted to just reiterate that we had spoken to

10:33:36 our bond counsel to ensure that bond counsel was

10:33:39 completely comfortable with what we were doing, was not

10:33:42 in any way inhibiting our bond.

10:33:44 Because the first thing we do pay with this revenue

10:33:47 source is debt service.

10:33:48 And that will continue to be so.

10:33:50 I just wanted to make sure everyone was comfortable

10:33:52 with that.

10:33:53 >>MARY MULHERN: I'd like to see us continue this for, I

10:33:56 don't know, 60 days?

10:33:59 30 days?

10:34:01 >>THOMAS SCOTT: Let me hear from the other Council

10:34:04 people.

10:34:04 Councilman Dingfelder and Councilwoman Saul-Sena.

10:34:09 >>JOHN DINGFELDER: I think you and I are on the same

10:34:11 page.




10:34:13 Based on the comments, I think if we are making any

10:34:17 kind of assertions to the public that this will be used

10:34:21 for capital on the back of these bills, these

10:34:24 various -- Mr. Fletcher?

10:34:28 >> I didn't mean to interrupt you.

10:34:30 At some point I just want to address this concept that,

10:34:35 the belief these are used for capital projects and

10:34:37 restricted to capital projects.

10:34:40 >>JOHN DINGFELDER: First I'm hearing it.

10:34:42 I don't want to belabor it.

10:34:44 We have a long morning.

10:34:45 What I would suggest, you know this wasn't a

10:34:47 controversial bill, ordinance at first reading.

10:34:50 But it's now become controversial.

10:34:52 So I think that we should slow it down a little bit.

10:34:54 What I would suggest, Mr. Chairman, why don't we

10:34:57 workshop it in July?

10:34:58 And reschedule second reading for August.

10:35:01 >> Second.

10:35:02 >>JOHN DINGFELDER: And then that way, at our workshop,

10:35:04 we can have a second to slow this down, talk about it.

10:35:07 Everybody can discuss it.




10:35:08 And then.

10:35:12 >> Let me take it slower.

10:35:13 >>THOMAS SCOTT: Let me just see, what is the

10:35:15 implications of that, because what I'm hearing people

10:35:19 say is, they're not sure whether it's going to be

10:35:21 continued to be used for the same purpose.

10:35:23 If there could be a public information meeting to

10:35:26 assure the residents and people it's going to be used

10:35:29 for same purpose.

10:35:29 I think that's the issue.

10:35:30 I want to caution us -- lets me just say this about me.

10:35:34 When I hear people say well we never did it that way

10:35:37 before, always been done that way, that cause me pause,

10:35:40 number one.

10:35:41 Just because always been done that way for 40 years

10:35:44 does not mean that you can't change things and make it

10:35:46 better.

10:35:46 We're in a situation now where we want to make sure

10:35:50 one, that whatever we do, it is transparent, as a body,

10:35:55 as a Council.

10:35:56 Be transparent.

10:35:58 Two, that it is going to be better handled and managed.




10:36:03 If I'm hearing no other municipalities are doing this

10:36:06 now, that we're the only one, then it cause me to take

10:36:09 a look and see what are they doing, how effective will

10:36:13 it be for us?

10:36:13 I think the issue is, assuring the public that it is

10:36:17 going to be much more transparent.

10:36:19 That it is going to continue to do what it's been doing

10:36:23 in the past.

10:36:24 I think that is the issue.

10:36:25 So I just want to make sure that maybe the

10:36:29 administration, Miss Wise can have what we call public

10:36:32 information meeting to meet with those raising

10:36:35 questions to give them the certainty, the assurance

10:36:38 that it is not a plan here to somehow or another

10:36:43 subvert or, you know, do something else to the fund

10:36:47 that it was not intended for.

10:36:48 I think that is the underlying issue here.

10:36:50 Issue of openness.

10:36:52 Issue of transparency.

10:36:53 The issue that is the money going to be used for

10:36:56 intended purposes.

10:36:56 I think that's assurance we want to give.




10:36:58 And that's where I am on this issue.

10:37:02 >>JOHN DINGFELDER: If I could retake the floor for a

10:37:03 second.

10:37:04 I think we are all on the same page in that regard.

10:37:06 There's a lot of questions.

10:37:08 Had you questions, Mary.

10:37:09 I did.

10:37:09 We all have questions.

10:37:10 That's why between now and July, the workshop I just

10:37:13 proposed, we have in July, during our regular workshop

10:37:17 meeting, that they can meet with the community and

10:37:20 explain it and wrestle with it and all.

10:37:23 Come to us in July and see where they are.

10:37:25 And we'll reschedule this second hearing for August,

10:37:28 if, just so it has a place to go.

10:37:30 And we'll see what happens.

10:37:31 I think it just procedurally, and I got a second on my

10:37:35 motion.

10:37:37 >>CHARLIE MIRANDA: Mr. Chairman, I have my thoughts are

10:37:40 with what you speak about.

10:37:41 If we're going to have a meeting, and we haven't told

10:37:45 these good people what the meeting is going to be




10:37:47 about, we're only wasting our time when we get to the

10:37:51 meeting.

10:37:51 I think you ought to ask questions like, when was this

10:37:54 started? Is it legal to use this?

10:37:58 How long has it been in effect?

10:37:59 Was it this administration, prior administration?

10:38:01 How much money is going into that pool?

10:38:03 Where's that money being divided? Is it used for

10:38:06 salaries?

10:38:06 Is it used for improvements for the general public's

10:38:09 benefit?

10:38:10 These are the types of questions that should be posed.

10:38:13 And I think January -- I mean July is way too long.

10:38:17 I agree with Miss Mulhern, that these things, I

10:38:20 believe, unless I'm out of order, in thinking that they

10:38:24 have these figures pretty readily available to ask and

10:38:29 receive the information.

10:38:31 And I believe, like Miss Mulhern, that somewhere in the

10:38:34 near future, a month or so would certainly have enough

10:38:38 transparency and enough review of this for them to meet

10:38:41 with FAN, the Westshore and any other citizen that

10:38:45 would like to get involved.




10:38:46 But I think we have pose a question to the individual,

10:38:52 Miss Wise, who is bringing the subject matter to us.

10:38:54 What is it we want her to do?

10:38:56 And we haven't done that.

10:38:58 So I think somewhere along the lot -- line with

10:39:01 thoughts of other Councilmembers, we can have a

10:39:04 compromise of thoughts to assure what is become -- I

10:39:07 don't care what other cities do.

10:39:09 I really don't.

10:39:10 They may be all wrong, we may be right.

10:39:12 Or they may be all right and we're wrong.

10:39:15 So, it's an avenue that we got to travel, but unless we

10:39:19 pose a questions for them to discuss with the general

10:39:23 citizenry, I think we're not doing the right thing.

10:39:26 Thank you.

10:39:27 >> Mr. Chairman, if I may.

10:39:30 >>THOMAS SCOTT: And then come back to Councilwoman.

10:39:33 >>CHARLES FLETCHER: Chip Fletcher, city attorney.

10:39:34 Just so we are clear on where we are and what the

10:39:37 practice has been, these funds have not been dedicated

10:39:40 to capital projects for as long as we can collectively

10:39:44 remember.




10:39:44 Going back at least one, maybe more administrations.

10:39:47 That's one of the reasons we wanted to change this, is

10:39:50 because this gives really a misnomer that these funds

10:39:54 are and have been dedicated to capital projects.

10:39:57 They haven't been.

10:39:58 Through various acts of Council, budget process,

10:40:01 ordinances, every year, Council through these transfers

10:40:06 moves them over to operating in the general revenue.

10:40:09 That's the part that when that was determined, we

10:40:12 thought that was not transparent.

10:40:14 And so, really, what this proposal is, is to continue

10:40:17 the existing practice.

10:40:19 Which is to not dedicate these funds for capital

10:40:21 projects.

10:40:22 Or at least only a small portion for capital projects.

10:40:25 And make that clear and obvious and transparent.

10:40:29 So the idea that somehow this is changing how the funds

10:40:34 are being used is not accurate.

10:40:36 And this change does create a more consistent

10:40:38 transparent description of what the city's long-term

10:40:42 practice has been.

10:40:44 >>THOMAS SCOTT: Councilwoman Mulhern, then Saul-Sena.




10:40:48 >>MARY MULHERN: What I was going to suggest because I

10:40:50 think Mr. Dingfelder is right, rather than continuing

10:40:53 this, we need a workshop.

10:40:55 But I also agree with Mr. Miranda, that we need to do

10:40:58 it sooner.

10:40:59 So I think we should schedule it for a workshop next

10:41:04 possibly workshop, you know, in the next month or two.

10:41:09 But not waiting till July.

10:41:17 >>LINDA SAUL-SENA: I believe our may workshop is full.

10:41:21 >>MARY MULHERN: How about June?

10:41:22 How about if we put it on our workshop?

10:41:25 >>THOMAS SCOTT: What is the subject matter?

10:41:26 >>MARY MULHERN: Well, first of all --

10:41:28 >>THOMAS SCOTT: Month of may, what are the work shots

10:41:30 for may?

10:41:31 >>LINDA SAUL-SENA: We can't do it in May.

10:41:33 Well, actually, may, we have --

10:41:36 >>MARY MULHERN: May, we have transportation

10:41:39 concurrency, Cuba.

10:41:44 Revenue and expenditure report.

10:41:48 The six month one.

10:41:50 And unless we want to move at least one of those.




10:41:59 >>LINDA SAUL-SENA: Mr. Chairman, the Robert Campman

10:42:02 wants to not come and speak to us.

10:42:04 >>THOMAS SCOTT: Pardon me?

10:42:06 >>LINDA SAUL-SENA: I know it sounds funny, but he

10:42:08 doesn't want to come speak to us because he says his

10:42:10 work isn't done.

10:42:11 So he isn't ready.

10:42:12 So I was going to bring up under new business

10:42:15 cancelling that.

10:42:16 But for --

10:42:17 >>MARY MULHERN: June only has two items.

10:42:19 June 17th.

10:42:20 >> Mr. Chairman, if I may.

10:42:22 This ordinance change is of value right now, only if we

10:42:26 get it done before the finance staff has to finish the

10:42:30 budget.

10:42:30 If there's not action on this before late may, early

10:42:34 June, then the finance staff doesn't have time to

10:42:36 prepare the budget reflecting this change.

10:42:38 So, if it's going to be done, it should be done on a

10:42:41 schedule for a second reading, either late may or early

10:42:44 June.




10:42:46 >>THOMAS SCOTT: Then what I would suggest, what I would

10:42:49 suggest is we put it on the May workshop.

10:42:52 >> Instead of Robert Campman?

10:42:57 >>THOMAS SCOTT: The last two, we can move them to June

10:42:59 and then take -- do we, do we have to have the revenue

10:43:03 and expenditure overview that workshop?

10:43:06 Can we move it to June?

10:43:07 >> It was supposed to be the six month report.

10:43:12 >>LINDA SAUL-SENA: I believe this is going to be a very

10:43:14 long discussion when we have it in our workshop.

10:43:16 I think 30 minutes would suffice.

10:43:19 >>THOMAS SCOTT: 11 on May.

10:43:20 What I would suggest.

10:43:23 What I would suggest to Miss Wise, that you meet with

10:43:26 all interested parties, the Westshore alliance, FAN and

10:43:29 whoever else, because -- few weeks ago you had

10:43:33 unanimous support.

10:43:35 And so today, there's questions been raised.

10:43:38 So we want to make sure you address those questions to

10:43:40 concerned citizens who have appeared before this board.

10:43:43 My suggestion is that you meet with those concerned

10:43:45 citizens and address all the concerned, the issues that




10:43:48 you perhaps can move forward.

10:43:49 But the workshop is fine for the 11:00 in May.

10:43:55 So there's a motion on the floor now.

10:43:59 >>JOHN DINGFELDER: I'll accept that alleges a friendly

10:44:00 amendment.

10:44:02 >>MARY MULHERN: I just wanted to add another request,

10:44:04 which Mr. Fletcher added, as another reason not to pass

10:44:09 this right now.

10:44:10 Because when you were talking about you said, you know,

10:44:14 this will allow -- you know, this will allow us to not

10:44:19 have to -- you know.

10:44:21 Not say we're committing all this to capital projects.

10:44:24 Or only a portion.

10:44:26 What did you say?

10:44:29 >>CHARLES FLETCHER: Let me be clear.

10:44:30 As far as our collective memory goes back, which is at

10:44:33 least to the prior administration, the practice has

10:44:36 been that the funds go into this trust fund, and then

10:44:39 through the budget ordinance process, they get taken

10:44:42 out of this trust fund and used for things other than

10:44:44 capital projects.

10:44:46 >>MARY MULHERN: You said or at least a portion.




10:44:47 Something like that.

10:44:48 This is my point.

10:44:49 I agree with.

10:44:50 I'm not arguing with you.

10:44:52 What I'm saying, please look at whether, if we're going

10:44:55 to do this, maybe there could be a part of it that is

10:44:58 reserved.

10:44:59 A percentage that is reserved.

10:45:01 That is similar to what we're doing now.

10:45:04 Because I think that, that mate -- that is worth

10:45:07 looking at because that sounds like it is what the

10:45:09 concern of the citizens is.

10:45:10 That they want to feel that this utility tax is being

10:45:15 used for capital projects.

10:45:18 >> What has been the practice been?

10:45:22 >>JOHN DINGFELDER: Look back in the last five years and

10:45:23 say what has the practice been?

10:45:29 >> My question, Miss Wise, during our first reading,

10:45:31 was all this explained to us when you brought it to the

10:45:34 first reading?

10:45:35 >> I think I was clear in first reading and nobody -- I

10:45:37 will say that nobody contacted me.




10:45:42 >>GWEN MILLER: What happened after first reading?

10:45:47 They were here at the first reading.

10:45:51 >> First reading on a legislative matter is not a

10:45:53 public hearing.

10:45:53 The appropriate time for people to raise the issue is

10:45:57 wait for Florida statute structures it, adoption of

10:45:59 public hearing, City of Tampa has that at the second

10:46:01 reading.

10:46:03 So this would be the appropriate time for people to

10:46:04 raise the issue.

10:46:05 They may not have had the opportunity or knowledge,

10:46:08 which is purpose of two readings.

10:46:10 >> I will be happy to meet with interested parties.

10:46:13 I was not aware until yesterday that there were

10:46:14 concerns.

10:46:15 So I will be happy to meet with them.

10:46:18 >>JOHN DINGFELDER: I'll amend my motion, I said August,

10:46:20 but that doesn't make any sense.

10:46:21 Why don't I just take the second reading, strike it for

10:46:25 now.

10:46:25 Or should I continue it.

10:46:29 >> The first meeting in June.




10:46:32 >>THOMAS SCOTT: What I would suggest, I don't know if

10:46:34 we can do this or not.

10:46:35 What I would suggest, once we have the May workshop,

10:46:38 with all the questions being asked.

10:46:41 >> That's a workshop session.

10:46:43 Logistically, you it may serve to have it decided early

10:46:50 in May.

10:46:50 It would mean for the clerk to set a special meeting of

10:46:53 Council for the purposes of having the continued second

10:46:55 reading.

10:46:58 >> The issue --

10:47:01 >>THOMAS SCOTT: Mr. Chairman, can I have the floor?

10:47:04 >> I'm sorry, sir.

10:47:08 [ Laughter ]

10:47:09 >>THOMAS SCOTT: The issue today is addressing the

10:47:11 concern of those who have appeared before Council.

10:47:14 That's the issue.

10:47:14 Few weeks ago, this Council did not have any questions.

10:47:18 So the issue today is addressing those who appear

10:47:20 before Council, giving them the assurance that the

10:47:25 matter is going to be transparent and open.

10:47:27 It is open government.




10:47:28 And that moving forward, we continue to use those funds

10:47:33 for whatever the history, as Mr. Dingfelder said, past

10:47:37 five, eight, 10 years, so we just want to give that

10:47:40 assurance to those that are here.

10:47:41 So Miss Wise, that is the intent from my standpoint

10:47:45 anyway, to give the comfort level to those that have

10:47:49 appeared before us raising questions and concerns.

10:47:51 So my suggestion, you meet with those persons, if

10:47:55 possible, we can have the reading at the workshop day,

10:47:58 if possible.

10:47:59 I don't know if we can do that.

10:48:00 I'm not an attorney.

10:48:01 That is why we pay these attorneys.

10:48:04 >> Mr. Chairman, if I may.

10:48:06 Procedural, one option would be to continue this second

10:48:08 reading hearing to that workshop date.

10:48:10 Then would you have the flexibility if you so choose to

10:48:12 vote at that meeting alternatively, if you didn't want

10:48:15 to continue this second reading hearing to that date,

10:48:18 you could continue this second reading hearing to

10:48:20 June 3rd, which would be your next regular meeting.

10:48:23 And have the workshop only on the workshop date.




10:48:29 >>JOHN DINGFELDER: Our workshops are supposed to would

10:48:30 be workshops, not public hearing.

10:48:33 Workshop in May, the first date in June, June 3rd --

10:48:37 2nd.

10:48:38 >>THOMAS SCOTT: Second reading will be first of June.

10:48:40 >> If it changes, it changes.

10:48:45 >> That includes striking the 11:00 presently with

10:48:48 Robert canton to making the presentation?

10:48:50 >>THOMAS SCOTT: That is correct.

10:48:51 >> Thank you.

10:48:52 >>THOMAS SCOTT: So we are all clear.

10:48:54 Moved and second.

10:48:55 All in favor of the motion signify by saying No.

10:48:58 opposes?

10:48:59 >> And that's at 9:30.

10:49:01 June the 3rd.

10:49:06 >>THOMAS SCOTT: The second reading will be 9:30 on

10:49:08 June 3rd, but workshop will be 11:00.

10:49:12 In the meantime, Miss Wise will meet with all

10:49:16 interested parties, citizens, continue went,

10:49:19 neighborhoods, civic associations, public.

10:49:23 >> Anyone who is interested.




10:49:28 >> Thank you.

10:49:28 >>THOMAS SCOTT: Thank you Miss Wise.

10:49:30 Let me just say that we need to go to the staff reports

10:49:33 at this time.

10:49:34 We have that time certain.

10:49:38 I have given the administration, the opportunity --

10:49:42 >> We have public hearings.

10:49:43 >> I understand that.

10:49:45 We'll come back to the public hearings.

10:49:46 Let me take up the staff reports and come back to the

10:49:57 public hearing.

10:49:57 Miss Palus is going to take up her items all at one

10:50:06 time.

10:50:08 >> Good morning, Karen Palus, parks and recreation

10:50:12 director.

10:50:13 First item I have is item 61.

10:50:18 In regards to a request on the remaining balance

10:50:21 available for Davis Islands park improvement fund.

10:50:24 I provided a report.

10:50:25 If there's any questions, I'm here for you.

10:50:32 >>THOMAS SCOTT: Any questions on item 61 from Council?

10:50:34 This is on the Davis Island park improvement fund.




10:50:38 Yes?

10:50:39 >> Thank you, Miss Palus.

10:50:42 >>LINDA SAUL-SENA: So we have a half a million dollars,

10:50:45 which we all know isn't enough to make the improvements

10:50:48 that, you know, the island residents aspire to.

10:50:53 Do you have any sense of what the total cost to do the

10:50:57 improvements to the pool would be?

10:51:00 >> Based on the feasibility study that just came in,

10:51:03 they've estimated around $3.5 million to $3.9 million.

10:51:07 >>LINDA SAUL-SENA: Okay.

10:51:08 So, is the -- is the future plan to wait until we have

10:51:17 additional dollars to make the improvements and just

10:51:19 keep this money in some interest bearing account?

10:51:24 >> Like I was sharing with you, what happens and goes

10:51:26 through the process, as I said it in my memo, when we

10:51:29 started this process with the million dollars going

10:51:32 into -- it is in a separate account.

10:51:34 An interest bearing account.

10:51:35 So you can see there's been significant interest over

10:51:38 the time the dollars have been in there.

10:51:40 The committee was put together, they were required to

10:51:41 come to consensus on items, which they did, the trail,




10:51:45 the pool feasibility study and at that time, any funds

10:51:49 were left over, a kiosk in one of their apex parks.

10:51:52 So those are the three items.

10:51:53 If and when -- at that time we didn't anticipate to

10:51:56 have any major overages or dollars for getting into the

10:51:59 trail.

10:52:00 The better climate now, so that's the good news, taking

10:52:03 a little more time to get here.

10:52:05 So they will have some dollars left over.

10:52:07 At that time, we'll go back to the community and

10:52:09 determine how they want to proceed with that.

10:52:11 In the meantime, separate from this funding source, we

10:52:15 have identified the opportunity to look through the

10:52:18 feasibility study.

10:52:20 One. Recommendations is to go forward with the

10:52:22 structural analysis of the facility, to really so-based

10:52:26 on the study, you don't know until yes really get in

10:52:29 there.

10:52:29 I think I've shared that with Council before.

10:52:32 It's a very old structure and needs some major TLC they

10:52:35 can determine for us.

10:52:36 What we anticipate doing is moving forward with the




10:52:38 structural analysis.

10:52:39 And then moving forward into construction documents.

10:52:41 So if, at a point in time in the future, and when,

10:52:45 dollars become available and we have been working with

10:52:47 the community on private dollars as well as public

10:52:49 dollars.

10:52:50 To be able to move forward with that project at that

10:52:51 time.

10:52:52 But they would have construction documents, structural

10:52:55 analysis and everything be ready for those dollars when

10:52:58 they become available.

10:52:59 >>LINDA SAUL-SENA: Thank you very, very much.

10:53:01 >> I have to thank the community.

10:53:02 They have been doing a great job out there.

10:53:04 >>LINDA SAUL-SENA: They really want to bring this pool

10:53:06 back.

10:53:07 And this sounds like a very thoughtful process.

10:53:10 And then we'll know what the real costs are.

10:53:13 >> Most definitely.

10:53:14 >>LINDA SAUL-SENA: Thank you.

10:53:14 >>THOMAS SCOTT: Any other questions?

10:53:18 >>JOHN DINGFELDER: Thank you.




10:53:18 Two things.

10:53:19 One, I want us to make sure -- looks like it's been a

10:53:24 while since we actually had a meeting with the group.

10:53:27 As far as the money is concerned.

10:53:31 So I just want to make sure we kind of reconvene that

10:53:34 group.

10:53:35 >> There's actually two meetings that are coming up.

10:53:37 One is an internal meeting with the few folks on the

10:53:40 committee before.

10:53:41 And some of the other individuals that have shown

10:53:43 interest.

10:53:44 Then we're doing a bigger community meeting to go over

10:53:46 the feasibility study.

10:53:47 So we have kept up with them.

10:53:48 We have been involved in their stewardship meetings,

10:53:51 been involved in their civic association meetings.

10:53:53 Laurie Brown has been our representative with them in

10:53:57 those regards and been kind of liaison with our

10:54:00 department each of those meetings.

10:54:01 And we have been very communicative with their previous

10:54:04 presidents as well as new president and Charna and

10:54:07 Jennifer, who have been the lead on the project.




10:54:09 >>LINDA SAUL-SENA: If you could inform us of those

10:54:11 meetings.

10:54:11 >> Be happy to.

10:54:12 >>JOHN DINGFELDER: The other group I'm not hearing us

10:54:14 talk about, Bayshore little league.

10:54:16 Because Bayshore little league has been after the city

10:54:20 to work with them on building a new building.

10:54:24 That old building's probably 40, 50 years old and

10:54:27 pretty nasty.

10:54:30 And I'm thinking that, if we can't use this money for

10:54:34 the pool any time soon, or really it's just a drop in

10:54:39 the bucket as compared to the $3 million you're talking

10:54:42 about, then maybe we can use it -- no pun intended --

10:54:45 maybe we can use it, or at least include Bayshore

10:54:50 little league in the discussion about possibly using

10:54:54 some of this money.

10:54:56 Because they have talked about raising money too.

10:54:58 We know they have the ability to raise hundreds of

10:55:00 authorizes of dollars at Bayshore little league, to

10:55:03 kind of match our money.

10:55:04 So, anyway, let's make this conversation maybe holistic

10:55:08 over there.




10:55:09 >> I will share with you when we went through the

10:55:11 community process before for the three projects that

10:55:13 were identified, all of the stakeholders were involved,

10:55:15 all the community was involved.

10:55:16 We heard from folks that wanted the skate parks to

10:55:20 splash pads to pools to trails, to traffic calming.

10:55:22 We heard just about the gambit out there.

10:55:25 Little league facilities.

10:55:26 They were all involved in those discussions.

10:55:28 And continue to be.

10:55:29 So again, as I mentioned, that community meeting coming

10:55:32 up as a whole, they would all be vine violated.

10:55:35 They have been invited to the table with the

10:55:37 contractors that was responsible for the feasible study

10:55:39 to talk about their needs are, their issues, concerns

10:55:42 as well.

10:55:42 That was all captured in that entire document that

10:55:45 we'll present.

10:55:47 >>JOHN DINGFELDER: Thank you.

10:55:48 >>THOMAS SCOTT: Any other questions of Council, motion

10:55:49 to receive and file.

10:55:50 >> So moved.




10:55:51 >> All in favor signify by aye.

10:55:53 Opposes?

10:55:54 Okay.

10:55:57 >> Item number 63.

10:55:59 Is in reference to the request to rename the lake in

10:56:05 Gadsden park after in honor of actually colonel James

10:56:09 merchant the third, I wanted to let you all know that

10:56:13 is proceeding.

10:56:13 We had already been working with the group and going

10:56:15 through that process.

10:56:16 Just to share with you an update on that.

10:56:18 We are going through our asset naming process, which

10:56:21 community indicates with the community to let them know

10:56:23 of this request.

10:56:24 So far, all of the comments we received have been very

10:56:26 much in support of this honor.

10:56:28 So we'll be continuing to work with the folks and this

10:56:32 will be coming to Council very soon.

10:56:34 >> Motion to receive and file.

10:56:36 >> Second.

10:56:36 >>THOMAS SCOTT: All in he favor aye.

10:56:38 Opposes?




10:56:39 Next one?

10:56:41 >> Number 64 is my next item.

10:56:43 I know Councilmember Mulhern had requested item number

10:56:49 11 be pulled.

10:56:50 Do you want to address that separately now?

10:56:52 Because it is a separate entity from our traditional

10:56:55 summer program.

10:56:57 >>MARY MULHERN: If I --

10:56:59 >>THOMAS SCOTT: Let's deal with 64.

10:57:00 Then come to that pulled item.

10:57:03 >>MARY MULHERN: She could get that out of the way.

10:57:04 >> This is real simple.

10:57:06 >>MARY MULHERN: Number 11, can you explain to us how

10:57:09 this is different than your other summer program?

10:57:14 >> The item number 11 is in regards to our sports camp

10:57:21 program.

10:57:21 Our camps and energy camps.

10:57:24 All specialty camps and they are all pay to play.

10:57:27 So, everything that comes in revenue-wise, goes out to

10:57:31 cover those costs.

10:57:32 We do have some years where we have a little bit more.

10:57:35 But this has been going on for many, many years.




10:57:37 But it is very successful with revenues.

10:57:40 All those programs currently are full.

10:57:41 In fact, we've added one additional, the Mangrove

10:57:45 Marcus and we're getting ready to add another based on

10:57:48 the request from the communities.

10:57:50 These are camps that are completely paid for, their

10:57:52 operations, their staffing, their supplies, their

10:57:53 materials for those programs.

10:57:55 >>MARY MULHERN: These are the only one that is do that?

10:57:57 >> They are separate from those traditional program,

10:58:01 yes.

10:58:02 >>MARY MULHERN: Okay.

10:58:02 That answers my question.

10:58:04 So I can move that.

10:58:06 >> Second.

10:58:08 >>THOMAS SCOTT: That's on item 11.

10:58:09 Item 11, moved and second.

10:58:11 Second by Councilman Miranda.

10:58:12 All in favor signify by aye.

10:58:15 Opposes?

10:58:16 Okay.

10:58:17 >> Okay.




10:58:18 On to item number 64.

10:58:19 I want to first thank Council for the opportunity to

10:58:21 come and share with you where we're at with our

10:58:24 afterschool and summer program.

10:58:25 I like to focus on summer programs first, so you kind

10:58:28 much hear where that's at.

10:58:29 I think some of the things that are happening and I'm

10:58:31 hearing in the community is that they're getting a

10:58:34 little mixed in between what summer, what's

10:58:36 afterschool.

10:58:37 So I'd like to address summer first, if that's

10:58:39 comfortable for everyone.

10:58:41 And then on to the after school to kind of share where

10:58:44 we are with that.

10:58:45 One of the requests had been made to look at

10:58:48 potentially reducing fees, and maybe particular areas

10:58:51 of our communities or not.

10:58:53 So we reevaluated that.

10:58:55 We looked at our entire community where the reduced

10:58:58 fees folks were coming from.

10:58:59 And really what we found is, obviously the

10:59:05 circumstances of the community as a whole, where our




10:59:07 nation is, and the challenges that we're facing.

10:59:09 But every portion of our community is having challenges

10:59:12 with financially.

10:59:14 And so, in lieu of looking at one site, we said we

10:59:16 wanted to keep things across the board.

10:59:18 So all of our facilities, anybody who needs assistance,

10:59:21 we're able to work with them.

10:59:23 So didn't matter write zip code or where you lived as

10:59:26 far as CDBG areas.

10:59:28 If you needed assistance, we'll send to you work and

10:59:31 not say this facility is only for lower incomes and

10:59:34 this is the one we'll accept and allow reduced the fees

10:59:37 or free fees here.

10:59:38 This facility will not.

10:59:40 So what we decided to do, is to put together a

10:59:44 financial assistance program.

10:59:46 So what that will mean, it's not going to change

10:59:48 anything we're currently doing now because I think that

10:59:51 will cause additional confusion with folks.

10:59:53 We are already hearing some of that out there.

10:59:55 So we want to stay with the program the way we have

10:59:57 got.




10:59:58 It will go through the normal process registration, go

11:00:01 through our normal fee reduced process.

11:00:03 Go through our scholarship program.

11:00:05 Whatever funds we need additionally to meet the

11:00:08 demands -- I know there was questions about the number

11:00:10 of scholarships we have or don't have available.

11:00:12 Whatever we need to meet the demands, we are going to

11:00:14 work with those families.

11:00:15 And set aside some dollars in which to be able to do

11:00:18 that.

11:00:18 So if there are folks in need, I already the one lady

11:00:21 that was out here that came through, gave her my

11:00:24 information.

11:00:24 Told her to call me.

11:00:26 We'll take care of her.

11:00:28 But the program will stay the same, so everything we

11:00:29 are doing right now, all registration, all the

11:00:32 paperwork that's out.

11:00:33 Everything for summer, will be the same.

11:00:34 They'll fill out the paperwork.

11:00:36 We have already accepted 93 scholarships have come in.

11:00:39 We think that's going very well.




11:00:41 Getting more information out to folks.

11:00:43 We have been canvassing neighborhoods.

11:00:45 We have been to every activity and event in town.

11:00:49 We have been to two most recently, just the last

11:00:52 moment, nine total they have attended and participated

11:00:55 in.

11:00:55 So the word getting out.

11:00:56 Folks are understanding there are opportunities and

11:00:58 resources available to them.

11:01:00 That's the really good news in that fact.

11:01:03 >>THOMAS SCOTT: All pretty much, I guess the issue is,

11:01:06 is that those coming forth, their child will not be

11:01:11 turned away?

11:01:12 >> Correct.

11:01:13 >>THOMAS SCOTT: Now, there was one lady here this

11:01:15 morning said something about her child had been denied

11:01:17 access to the parks.

11:01:18 >> I gave her the information, told her to call me.

11:01:20 We'll get her scare squared away.

11:01:22 That is not accurate information.

11:01:24 >>THOMAS SCOTT: Councilwoman Mulhern?

11:01:31 >>MARY MULHERN: What are the -- when you say -- you're




11:01:35 not changing anything.

11:01:38 >> Not changing the pro he is.

11:01:40 >>MARY MULHERN: You're not changing the new process

11:01:41 that people have never gone through before is what

11:01:44 you're saying, right?

11:01:45 >> No.

11:01:48 Go ahead and finish.

11:01:49 >>MARY MULHERN: You're not changing the process at all

11:01:51 from what people did last year for summer programs?

11:01:54 >> No.

11:01:54 Actually we have got the same program.

11:01:56 However, what we did is we structured the sliding fee

11:02:00 schedule differently.

11:02:01 That's the only change in that regard.

11:02:03 And it's based on the poverty guidelines, following the

11:02:08 same things the other social services follow.

11:02:13 >>MARY MULHERN: You changed that.

11:02:14 >> That process changed.

11:02:15 But that's it.

11:02:16 >>MARY MULHERN: But that's a change.

11:02:18 So that will possibly affect.

11:02:20 >> The sliding scale -- actually let me share this with




11:02:23 you.

11:02:24 Way did, I went back through, to give you guys a real

11:02:26 concrete number.

11:02:27 You knew what we we're doing with.

11:02:30 If you take apples to apples summer program last year,

11:02:33 traditional and this year.

11:02:35 You go through our reduced fees we did last year.

11:02:38 And you do the scholarship portion.

11:02:41 If you do reduced fees this year and scholarship

11:02:44 program, last year the individual would have paid for

11:02:46 two children, $7.

11:02:48 This year, under this program, it's $7.50.

11:02:52 25 cents additional per child.

11:02:54 If folks still need additional assistance from that

11:02:57 we'll work with them.

11:02:58 But it's only 50 cents for two children.

11:03:02 >>MARY MULHERN: You're talking about you have concrete

11:03:04 numbers.

11:03:04 Where are the concrete numbers?

11:03:07 >> Summer program right now based on our --

11:03:10 >>MARY MULHERN: I mean, where is it on paper for us?

11:03:12 >> I can send you a copy of the report.




11:03:16 >>MARY MULHERN: We need to see that.

11:03:17 I mean, you stood up here and told us in last October

11:03:21 that no one would be turned away.

11:03:23 And we made you say it a bunch of times.

11:03:29 >> We are still doing that.

11:03:30 All they have to do is fill out the paperwork.

11:03:33 >>MARY MULHERN: But that is not what happened with the

11:03:34 after-school program.

11:03:35 So now you're asking us to accept that this time is

11:03:40 going to be different.

11:03:41 And I'm not going to accept that unless you give us the

11:03:44 numbers and show us number one, what's the

11:03:46 registration?

11:03:47 I mean is registration still going on for summer

11:03:50 programs?

11:03:50 >> Registration is still going on.

11:03:52 Currently as of yesterday at 3:41 p.m.

11:03:54 We had 959 individuals registered for our summer

11:03:57 program.

11:03:58 Hull.

11:03:59 >>MARY MULHERN: And how many did you have last year at

11:04:01 this time?




11:04:02 >> Last year at this time, we did not have anywhere

11:04:04 near that number.

11:04:05 In fact, this is the highest preregistration in City of

11:04:10 Tampa history.

11:04:11 When I shared this with Councilmember Saul-Sena, don't

11:04:14 get too excited.

11:04:15 But some sites were five or six kids.

11:04:19 Normally folks come the first day of camp and some of

11:04:22 our locations.

11:04:23 Those ones traditionally very popular and fill up

11:04:27 within the first hour or so, did just like they have

11:04:29 always done.

11:04:30 Other ones are coming in and they are coming in quick,

11:04:32 like Desoto, we normally never had a preregistration

11:04:36 folks there.

11:04:36 They have already done 15 to 20 kids.

11:04:39 >>MARY MULHERN: So you're ahead of yourself in

11:04:40 preregistration.

11:04:42 >> Yes.

11:04:42 >>MARY MULHERN: However, what was the total number that

11:04:47 registered after, all the programs started?

11:04:52 If you gave us the number at the end of the summer last




11:04:54 year, how many people registered?

11:04:58 Because you're saying now usually they come the day of

11:05:01 camp.

11:05:01 So we don't know what's going to happen.

11:05:04 >> Like I said, staff has really been working very,

11:05:07 very hard to make sure everybody gets the registration

11:05:09 in.

11:05:10 They have been doing things during little league

11:05:12 events, been doing things for events in the community.

11:05:14 Gone through the civic association meeting.

11:05:16 A great example of, with the press had done an article

11:05:19 that we were closing Rey Park for good.

11:05:22 That was not correct.

11:05:23 We were just not going to offer a summer program there.

11:05:25 And due to that information, we had 56 parents do an

11:05:30 interest list.

11:05:30 And have registered for that program.

11:05:32 The most in its history.

11:05:35 >>MARY MULHERN: We're not there yet.

11:05:36 Because the process -- at least the perception has

11:05:40 changed.

11:05:40 That's why all these people are registering early,




11:05:43 because they want to make sure.

11:05:44 They're worried.

11:05:45 Let me finish.

11:05:46 That their programs aren't going to be available.

11:05:48 So, what happens with all the kids that show up on the

11:05:52 first day?

11:05:52 We don't know yet.

11:05:54 So my question for you, so that we know, at least at

11:05:59 that point, if we're getting the attendance that would,

11:06:06 you know, will meet up with last year, how many people

11:06:10 registered for camp and summer programs last year?

11:06:16 >> Last year?

11:06:17 About 2700.

11:06:18 >>MARY MULHERN: So we are not quite at a third of that,

11:06:21 but you maybe got a lot more, what, twice as many?

11:06:25 How many?

11:06:26 >> Well, remember too, you're talking registered versus

11:06:29 actual attendance.

11:06:30 Registered is a much different number because they

11:06:32 could pay $75 for the entire summer, whether they came

11:06:38 or not.

11:06:39 However, this year, which has been the real compliment




11:06:41 we have heard from parents, they are now able to

11:06:45 register weeks at a time.

11:06:46 So they will register the four weeks they need and may

11:06:48 not need the other because of vacation.

11:06:50 We have other folks registering for the whole block of

11:06:53 ten weeks.

11:06:55 >>MARY MULHERN: How much more is it for them?

11:06:57 If they could pay 75 for what he -- the entire summer?

11:07:03 >> That was the high end fee.

11:07:05 Everybody else, depending where you fell into the

11:07:07 reduced fees, would generate their different costs.

11:07:11 As I said last year, if you went through the reduced,

11:07:14 that rate, reduced fees down, you were paying $7 a

11:07:17 week.

11:07:18 For two children.

11:07:20 For ten hours of care.

11:07:21 For the entire summer.

11:07:25 >>MARY MULHERN: But people could afford to do that.

11:07:27 And this year --

11:07:29 >> This year, it's 7.50 for two kids.

11:07:33 We're meeting later.

11:07:37 I can sit down and can kind of go through that.




11:07:41 I'd be happy to.

11:07:42 >>MARY MULHERN: Let me just say this.

11:07:44 I need to see these numbers on paper.

11:07:46 And I've got, you know, some stuff from you.

11:07:49 But it's ongoing.

11:07:50 So, we need to see them on paper.

11:07:53 And I'm not prepared -- I'm not sure this is solving

11:07:58 the problem.

11:08:00 And it's really, you know, we're not going to know

11:08:02 until the summer starts, at least.

11:08:04 But, I also want to hear how the -- what improvement

11:08:09 there has been in attendance in the after-school

11:08:12 programs, because that's really going to be the

11:08:15 predictor for us, if you'd figured out how to fix this.

11:08:20 I don't think we should be happy with this -- I don't

11:08:27 think we can be happy until -- well, we can't be happy

11:08:31 until we see what happens with the program.

11:08:33 But we might be able to -- I might be okay with it if I

11:08:38 see that you've brought the attendance back up at the

11:08:42 other, the after-school program, and then the other

11:08:47 question -- I guess I'll get to those other questions

11:08:50 later.




11:08:51 Thanks.

11:08:51 >>THOMAS SCOTT: Councilwoman Saul-Sena?

11:08:55 >>LINDA SAUL-SENA: I want to compliment you Miss Palus

11:08:58 on really reaching out and making the commitment to

11:09:03 this community that any family that wants and needs for

11:09:07 their children to attend these programs, if they need

11:09:10 financial help that the city will meet them.

11:09:12 I think that's really significant.

11:09:13 And the amount of door-to-door outreach you have done,

11:09:16 I think is powerful.

11:09:17 And the numbers reflect that.

11:09:19 It's kind of like going -- in the past, people just

11:09:25 kind of came when they wanted.

11:09:28 Then people came when they wanted.

11:09:30 And this is a change.

11:09:31 There's registration to be filled out.

11:09:34 And you're going on a computer system, which is

11:09:36 different than things have been in the past.

11:09:38 But it sounds as if you're getting the numbers of

11:09:41 interested children and we're making the programs

11:09:45 available to them.

11:09:46 And that's all to the good.




11:09:47 I completely agree that we should be putting our money

11:09:51 into opportunities, recreational opportunities for

11:09:55 children, rather than law enforcement down the road.

11:09:59 They need positive places to go.

11:10:00 But that's -- that's what you want to do.

11:10:03 That's what we want to do.

11:10:04 And that's what we want to provide.

11:10:06 And I just -- I just hope that we can also provide

11:10:11 recreation that's not just sports.

11:10:15 That's also other kinds of activities, because kids

11:10:17 have all different kinds of talents and interests.

11:10:20 And we need to provide as much variety as we can for

11:10:23 the children in our community.

11:10:24 And also I know you're working collaboratively with

11:10:27 other, with schools, with boys and girls clubs, with

11:10:31 all the providers of programs for kids, to meet the

11:10:35 broad and diverse needs of the kids in our town.

11:10:38 >> Thank you.

11:10:38 Thank you for that compliment.

11:10:40 But that really goes out to my team.

11:10:42 They have been working extremely hard to make sure

11:10:44 everybody fully understands how the process works.




11:10:47 What we can do to assist them and be available for

11:10:50 them.

11:10:50 I appreciate you bringing up our partnerships.

11:10:53 Perfect example, our sulfur springs community, we have

11:10:56 great partners.

11:10:57 Stakeholder group, addresses issues there.

11:11:00 Working with the Boys and Girls Club and YMCA to be

11:11:02 able to offer programs at fee, based on their grant in

11:11:05 that location.

11:11:06 So we're really lucky to have those folks trying to

11:11:10 stretch our dollars to make sure we serve as many

11:11:12 children as possible out there.

11:11:13 And we couldn't do it without Tampa recreation and

11:11:17 their support.

11:11:17 They have been tremendous in that effort.

11:11:20 I mentioned the last grant, they just received $30,000.

11:11:23 90% of that will go to the scholarship fund as well.

11:11:26 We're also embarking on a healthy lunch program, with

11:11:29 the ebows.

11:11:30 I think everybody saw that news, or press release that

11:11:34 went out on that.

11:11:35 50 cents for those lunches.




11:11:37 Parents can choose or choose not to do that.

11:11:39 But 50 cents.

11:11:41 Lunches over this summer will go to the scholarship

11:11:43 fund as well.

11:11:43 So we're really try to bring all the public and private

11:11:48 folks together to serve as many children as possible.

11:11:51 That's what we do and that's what important to us.

11:11:54 >>THOMAS SCOTT: We are going to have -- run out of time

11:11:56 here in a minute.

11:11:57 But this issue is a very important issue.

11:12:01 Ask Mr. Shelby to look at the ordinance and inserting

11:12:04 some language in there because we need certainty and

11:12:08 guarantee.

11:12:09 We thank you for what you're doing.

11:12:11 But I'm being told we're getting calls some of this is

11:12:14 not accurate.

11:12:15 You're requiring 30% up front down and all this stuff.

11:12:18 I'd just like to know what can we put in the ordinance

11:12:20 to assure that we get the information, number one.

11:12:24 Number two is, if there's something that says based on

11:12:28 need, we need to know what is that need?

11:12:31 Because everybody's needs may be different.




11:12:33 Can you help us from the standpoint of the ordinance?

11:12:37 >>MARTIN SHELBY: Basically Council, when you adopted

11:12:39 the resolution with the fees, the contained within the

11:12:43 fees on the programs is a sen extense that says

11:12:45 scholarships and or reduced face may be available for

11:12:49 youth programs based on needs.

11:12:51 I had a brief opportunity to talk with Mr. Rodriguez

11:12:55 from the city attorney's office about this.

11:12:58 But, you raise an issue as to under what authority and

11:13:01 under what guidelines and criteria are these

11:13:04 scholarships and needs based?

11:13:09 I'm happy to look into it further.

11:13:10 But, I don't believe the criteria necessarily has been

11:13:16 approved by City Council or presented to City Council

11:13:18 for approval.

11:13:19 And that might be something that you might want to

11:13:22 consider, to see how that -- what the process is.

11:13:25 >>THOMAS SCOTT: That's what I'm raising the process,

11:13:27 that maybe we need to take a look at it.

11:13:29 We actually have some in hand so we know what is

11:13:32 actually being done.

11:13:33 Because, Miss Palus, you know, I think you have done a




11:13:38 tremendous job.

11:13:39 But we are still getting calls, at least my office is.

11:13:43 That's a little difference of opinion out there.

11:13:45 >> Mr. Chairman, and I am as well.

11:13:47 When I talk with them, they are okay, so I just need to

11:13:50 do this.

11:13:51 I think a lot of times, what I'm hearing and what staff

11:13:54 is hearing, and having those discussions.

11:13:56 They have called, went through the folks missing to

11:13:58 find out whether they had moved.

11:14:00 Moved out of the area.

11:14:01 What other programs they are attending.

11:14:02 What are the other things they have chosen to do in

11:14:05 lieu of being here.

11:14:06 So we are capturing that information too.

11:14:08 Our East Tampa folks did a phenomenal jobs, my team has

11:14:13 reached out to parents, making sure they know what to

11:14:15 do next, how to do it.

11:14:17 Still, it's one of those things you hear, it's $25, or

11:14:21 $55.

11:14:22 Folks say that's too much.

11:14:24 Then they come in and they're like okay, that I can




11:14:27 work with.

11:14:28 Or I still need assistance.

11:14:31 Well, we have the scholarship.

11:14:32 Get this in to us and we'll work with you.

11:14:34 >>THOMAS SCOTT: Can we put this in the ordinance, they

11:14:36 can bring that information back to us to our office, so

11:14:39 when we get calls, we can tell them this is what they

11:14:42 should be being told.

11:14:43 So I guess I want to know at this point, Mr. Attorney,

11:14:47 how do we draft something, put something in the

11:14:49 ordinance that would allow administration to give us in

11:14:53 their proposed, in writing so we know what is actually

11:14:56 being done.

11:14:57 We co convey that to citizens who call us.

11:15:00 >>MARTIN SHELBY: If you wish to have approval authority

11:15:01 of that, that has to be incorporated into an ordinance.

11:15:05 Or into the fee resolution in some manner.

11:15:08 If you wish to just to get a report right now to have

11:15:11 that forwarded to Council, you can have that as a

11:15:13 written report or you can have a future staff report as

11:15:17 to what the actual process and procedures in the rules

11:15:19 off the scholarship.




11:15:20 But if Council wishes to have approval process, then a

11:15:24 motion to ask that be incorporated into the ordinance

11:15:27 would be appropriate.

11:15:32 >>MARY MULHERN: That's a very good point.

11:15:34 I think that, I just got a copy of a letter from one of

11:15:38 the parks programs, to a parent, and this letter says

11:15:43 the camp fees

11:15:46 are 55 a week.

11:15:51 And last year it was 49 for the entire summer program.

11:15:55 So that doesn't jive with what you're telling bus did

11:15:58 $7 and the 7.50.

11:16:00 And then does outline what the income eligibility

11:16:04 guidelines are.

11:16:06 This is what we need.

11:16:07 I mean, you know, you're giving -- you're telling us

11:16:10 what you're the doing and you're sending this out to

11:16:14 parks people.

11:16:15 But do we have this?

11:16:17 >> Yes.

11:16:17 I will --

11:16:19 >>MARY MULHERN: No, do we have it?

11:16:20 We don't have this piece of paper until citizen called




11:16:25 and brought it to my office.

11:16:28 It sounds like the income eligibility guidelines are

11:16:30 what you said, are they the poverty level federal

11:16:34 poverty income level?

11:16:35 Which is family of 2, 29,000.

11:16:38 Family of three, 36.

11:16:39 Family of four, 44.

11:16:40 So, we know what that is.

11:16:45 >>THOMAS SCOTT: But I'm trying to get us to pass

11:16:47 something so we'll have that information.

11:16:50 >>MARY MULHERN: Here's what I'm trying to say.

11:16:51 We don't -- not only do we not have what their policy

11:16:56 and their guidelines are, we don't have any numbers of

11:17:00 what has happened to these programs and what's

11:17:02 happening.

11:17:03 So I feel like we need both those things.

11:17:05 And I'm not confident that, you know, we can even make

11:17:10 that decision -- we can't rewrite this today.

11:17:15 We're going to have to give direction after we hear

11:17:18 everything from you.

11:17:18 I think.

11:17:19 Legal to come back with what might be a solution.




11:17:23 But I think we need to be cognizant of the fact that

11:17:26 what we're being told, we don't necessarily have in

11:17:29 writing from you.

11:17:30 And it's being contradicted by citizens.

11:17:36 >>THOMAS SCOTT: I'm trying to move -- I'm trying to

11:17:38 move the process.

11:17:39 That's what I said.

11:17:40 If we can get something drafted that will allow the

11:17:44 administration to provide for us in writing, that way

11:17:47 we'll have that.

11:17:48 If you want to go further, Council, you can have

11:17:51 approval -- is that right, approval over the fees if

11:17:54 you want that.

11:17:56 My think, let's -- let's have information so we can

11:18:00 give to our constituents that we have.

11:18:04 And make sure the need people start talking about

11:18:08 needs.

11:18:08 Various needs, so we have all that before us.

11:18:10 You follow what I'm saying?

11:18:13 >>MARY MULHERN: You're right.

11:18:14 I may have want to go further.

11:18:15 And propose that.




11:18:17 I don't know if there will be support.

11:18:20 -- no.

11:18:21 Excuse me.

11:18:21 Can I finish?

11:18:23 We're not going to know until she's done giving her

11:18:25 report.

11:18:25 And we need to hear about the after-school programs

11:18:28 too.

11:18:28 Because that's where we can see what the results of her

11:18:32 efforts are.

11:18:33 We can say okay, last time you were here, you had a 70,

11:18:41 average 65% dropoff in attendance.

11:18:44 Now what is it after you have put some of these

11:18:46 scholarships and these remedies in place?

11:18:49 And that's how we're going to know if what she's

11:18:51 proposing is going to work.

11:18:53 For the summer program.

11:18:56 >>LINDA SAUL-SENA: My motion would be to continue this

11:18:57 to our next regular Council meeting and have the parks

11:19:01 give us some data.

11:19:02 And that will help us.

11:19:04 >>MARY MULHERN: Well, that's what we were supposed to




11:19:06 have today.

11:19:07 >>LINDA SAUL-SENA: Well, I'm making this as a motion to

11:19:09 bring this back --

11:19:11 >>MARY MULHERN: That's what this meeting was supposed

11:19:12 to be.

11:19:13 >>THOMAS SCOTT: Okay.

11:19:13 That was a motion.

11:19:15 But me -- yes, ma'am, but again, you didn't hear what I

11:19:18 just said.

11:19:19 Do you want the authority to set the fees or not?

11:19:22 That's the question.

11:19:24 >> We have the authority.

11:19:25 >>THOMAS SCOTT: Not according to this here.

11:19:27 We can -- it's not in the ordinance, is it?

11:19:29 Is it in the ordinance?

11:19:31 Not in the ordinance.

11:19:34 >>CHARLES FLETCHER: My understanding, is we have got a

11:19:36 few resolution.

11:19:37 And then we have an effort by the administration to

11:19:40 ameliorate the effects of having the fee changes.

11:19:43 If in an ordinance, Council wanted to, you could

11:19:46 specifically direct them to establish a relief or




11:19:51 scholarship program with standards or with reporting to

11:19:55 Council periodically, so that you're aware of that.

11:19:58 And that's --

11:19:59 >>THOMAS SCOTT: Restate that again.

11:20:00 Would that be your motion?

11:20:02 Do I need to give the gavel to make that motion?

11:20:04 That's what we want, Mr. Fletcher.

11:20:09 Can you restate that again please?

11:20:14 >>CHARLES FLETCHER: An ordinance provision that directs

11:20:15 the administration to establish a scholarship or relief

11:20:19 program for people that need assistance to be able to

11:20:23 participate in the parks and recreation program and

11:20:25 periodically reporting back to Council on the

11:20:28 development and process that's in place.

11:20:32 >>THOMAS SCOTT: That sounds just like I wrote it.

11:20:34 [ Laughter ]

11:20:35 >> I'll second, Mr. Chairman's motion.

11:20:38 >> Let me speak to that motion.

11:20:41 >>CHARLIE MIRANDA: Mr. Chairman, my mind tells me that

11:20:43 sometime back, I asked the recreation department to

11:20:46 send us a report every month of what's going on.

11:20:49 Am I correct?




11:20:50 >> Uh-huh.

11:20:51 >>CHARLIE MIRANDA: So it's basically what we're doing

11:20:53 now.

11:20:53 So, Miss Saul-Sena, the motion is good, but doesn't

11:21:00 specifically address statistics.

11:21:02 And we're looking for statistics, to see how we're

11:21:04 doing.

11:21:05 I agree with Miss Saul-Sena, we should have the

11:21:07 statistics included, so we if one month, two months,

11:21:12 they months, no improvement, hey, what's happening

11:21:14 here?

11:21:15 >>LINDA SAUL-SENA: So the motion is this would come

11:21:17 back from legal to Council -- how long do we need,

11:21:20 Mr. Fletcher?

11:21:22 >>CHARLES FLETCHER: We could do it probably at a June

11:21:25 meeting.

11:21:26 >>LINDA SAUL-SENA: June 3rd or 2nd?

11:21:29 >>THOMAS SCOTT: 30 days?

11:21:31 >>CHARLES FLETCHER: 30 days would be fine.

11:21:32 >>LINDA SAUL-SENA: Been a motion and second.

11:21:34 Any more discussion on the motion?

11:21:35 Miss Mulhern?




11:21:40 >>MARY MULHERN: Are you talking about the summer

11:21:42 programs only?

11:21:48 >>THOMAS SCOTT: All the programs.

11:21:49 >>MARY MULHERN: She hasn't given us her report on the

11:21:52 after-school program also.

11:21:54 I'm not going to support this motion because we need to

11:21:56 hear if what they are doing is working.

11:21:59 And I think you have those numbers, don't? How the

11:22:03 attendance has changed since we got this memo, this

11:22:07 chart, with a month, two months ago?

11:22:10 >> Let me explain how -- couple things work.

11:22:15 >>MARY MULHERN: Do tough update of after-school

11:22:16 programs attendance, comparison?

11:22:20 >> Those numbers will stay the same.

11:22:21 Because we are still in the school year.

11:22:23 It's the next year when we register in June for the

11:22:27 fall, when those numbers you will see change.

11:22:29 It won't be for this year.

11:22:30 Most people are either in their circumstances already,

11:22:33 have already registered for whatever programs in their

11:22:35 fall previously.

11:22:37 Again, a lot of the calls we have had, we lost 104 of




11:22:40 them to the middle school area.

11:22:43 So those numbers aren't going to be there.

11:22:45 You're going to see those changes just with the

11:22:47 circumstances scenario.

11:22:49 We have a lot of people who have moved out of the area.

11:22:51 And we have got -- I'll share all that date take.

11:22:54 I've got everything.

11:22:55 Staffer has really been doing a great job out there,

11:22:58 trying to find out exactly where those kids are.

11:23:00 And then making sure their parents know there are

11:23:02 resources available to them.

11:23:04 Come and see us.

11:23:05 We'll get the information, we'll get the paperwork to

11:23:07 them.

11:23:07 We have made some changes.

11:23:09 We all can benefit from some changes and improvements.

11:23:12 We did that when we did our summer.

11:23:14 We, instead of just saying, reduced fees are available,

11:23:17 we specifically --

11:23:18 >>MARY MULHERN: I'm not asking what you're doing.

11:23:20 I'm asking for the report of the numbers.

11:23:22 And that's what we have to have.




11:23:24 We have to have a report on the after school numbers.

11:23:29 Is that included in this motion?

11:23:31 >>THOMAS SCOTT: Motion is to bring back everything.

11:23:35 >> We'll be happy to do that.

11:23:36 We can track everything through our program.

11:23:38 Able to tell you on a day to bay basis.

11:23:41 >>MARY MULHERN: Guess what's happened?

11:23:42 We have lost an entire year of attendance.

11:23:44 We have parents who have nowhere nor their kids to go,

11:23:48 the entire school year basically.

11:23:49 And now the summer programs are at risk.

11:23:53 So I don't think it's enough to ask for a report which

11:23:56 we were supposed to get to today, if not before.

11:24:00 >>LINDA SAUL-SENA: Things are going well.

11:24:01 >>MARY MULHERN: How do you know?

11:24:03 >>LINDA SAUL-SENA: Reported to us that the

11:24:04 preregistration for the summer programs are the

11:24:07 highest.

11:24:08 >>MARY MULHERN: But it's summer in a couple weeks.

11:24:09 And it's one-third of the students that they had last

11:24:11 year.

11:24:14 >>GWEN MILLER: We have a motion on the floor.




11:24:15 Yes?

11:24:16 Go ahead.

11:24:21 >>THOMAS SCOTT: I made the motion.

11:24:22 >> I just want to share with you, when we started with

11:24:25 the level one, two and three reductions, which is the

11:24:27 sliding fee schedule for our participants, we were at

11:24:31 478 folks that had signed on with us in the September,

11:24:39 October time period.

11:24:39 As of yesterday, may 5th, 2010, at 3:41 p.m., we had

11:24:47 1257 folks registered with us for our reduced fees.

11:24:51 1128 are at the level three, which is the lowest amount

11:24:57 of registration for our program, without a scholarship.

11:25:00 So they would pay for summer, 25 or 20.

11:25:05 And then applying for the scholarship from there.

11:25:07 If it's after school, they would pay for ten for the

11:25:10 first child, five for the other and five on from there.

11:25:13 Those are the two differences.

11:25:14 Those are the levels.

11:25:15 So we have gone from 478 folks that were very afraid

11:25:18 fees, what do we do how do we do it?

11:25:21 And we have been working very hard and they have gotten

11:25:24 1257 of those folks new in us getting ready for summer.




11:25:29 Are there a lot more out there?

11:25:31 Most definitely.

11:25:31 We want them to come in.

11:25:32 I appreciate the venue and opportunity to do this

11:25:35 because it gives hopefully folks who are seeing this,

11:25:38 come to your park facility, pick up information, fill

11:25:40 out your scholarship, get it back in.

11:25:42 We'll take care ever it.

11:25:43 We have gotten 93 of them that are not registered in

11:25:46 summer program right now.

11:25:47 That 969 are not scholarship folks.

11:25:51 >>THOMAS SCOTT: We have to move this agenda.

11:25:52 >> I just want to make sure I'm very clear.

11:25:56 We are here to work with everybody.

11:25:57 We have continued to work with everybody.

11:26:00 >>GWEN MILLER: We have a call.

11:26:01 We have a motion on the floor.

11:26:02 Going to vote on the motion.

11:26:03 All in flavor of Skot's motion.

11:26:07 Opposed?

11:26:07 Nay?

11:26:08 >> Motioned carried with Mulhern voting no.




11:26:13 >>JOHN DINGFELDER: I'd like to move item 11, which was

11:26:15 carried over --

11:26:17 >> We already did that.

11:26:20 >>THOMAS SCOTT: You have any other items?

11:26:22 >> I'm with item number 64.

11:26:26 Jean Dorzback provided the memo regarding the Davis

11:26:28 Island trail.

11:26:31 >>MARY MULHERN: I still have questions on 64.

11:26:33 Despite your motion.

11:26:36 >>THOMAS SCOTT: We carried that motion.

11:26:39 >>MARY MULHERN: Okay.

11:26:39 I appreciate all the work you're doing.

11:26:42 I don't understand why you're standing here and we

11:26:45 didn't have this report before today, that we are now

11:26:47 giving you another month to give us.

11:26:50 >>JOHN DINGFELDER: Point of order.

11:26:51 With all due respect, we are done with this issue.

11:26:59 Okay?

11:26:59 We had a motion, it carried the day.

11:27:02 >>MARY MULHERN: I know.

11:27:02 Everybody just left.

11:27:03 >>JOHN DINGFELDER: Going to carry on.




11:27:05 You've pony to -- spoken to this four times.

11:27:07 Way over five minutes.

11:27:08 Let's just move on.

11:27:10 >>THOMAS SCOTT: Thank you, sir.

11:27:11 65, miss Ellis.

11:27:16 >> This one is in regards to the days of island

11:27:19 pedestrian trail.

11:27:21 We want to start and I'm here for you if you need mean.

11:27:24 >> Jean Dorzback, transportation manager.

11:27:26 We submitted a memorandum to Council responding to this

11:27:30 issue.

11:27:30 Attached a map also we thought might be helpful to kind

11:27:34 of put the different locations in perspective.

11:27:37 Basically, the parks and recreation departments and

11:27:40 working on this project for a number of years, there

11:27:43 are fortunate enough to have a gentleman named Theo

11:27:48 Petrus, a recognized expert on bicycle and pedestrian

11:27:51 safety, been on their teams for this project.

11:27:55 Their consultant team developed plans for the trail and

11:27:58 the crossings.

11:27:59 The transportation division conducted a separate

11:28:02 independent review of those plans and that information.




11:28:05 And we basically came to the same conclusion that the

11:28:10 consultant team did, which was that the crossing that

11:28:14 we have proposed at the intersections of Severn and

11:28:19 Martinique is the most ideal location for this

11:28:21 crossing.

11:28:22 It's at a location where motorists would be expected

11:28:25 potential conflict with other vehicles and pedestrians.

11:28:29 >>THOMAS SCOTT: Councilman Dingfelder?

11:28:31 >>JOHN DINGFELDER: Thank you.

11:28:31 Jean, you did a great job on the memo.

11:28:34 I think must Saul-Sena and both have read it and we

11:28:37 have been raising this issue.

11:28:38 I raised it six months ago with you, Karen and with

11:28:41 you, Steve.

11:28:42 The only request I have that I still haven't seen

11:28:45 answered is, I want the trail built and I know the

11:28:47 crossings going to go at that intersection.

11:28:50 But what I requested pursuant to some of the, I think

11:28:53 safety suggestion from Davis Island residents is that

11:28:57 we consider putting in some type of flashing signal

11:29:00 there, maybe we could do it solar activated so it

11:29:02 wouldn't involve a lot of technical, you know, wiring




11:29:06 and stuff.

11:29:07 But, that we put in a pedestrian activated signal there

11:29:12 so folks get to that intersection and they're worried

11:29:15 about the danger of crossing there, that we, they can

11:29:18 come up and push a button and that would put up some

11:29:21 flashing lights and let traffic know they want to

11:29:23 cross.

11:29:23 So, it seems like that's feasible.

11:29:27 I know that's a little airport issue about putting

11:29:30 flashing lights there.

11:29:31 But I visualize it actually being cross ways to the

11:29:34 flight pattern, which the flight pattern is this way

11:29:37 and the lights I'm visualizing are this way.

11:29:40 I don't know why that would be an airplane issue.

11:29:42 Plus, we could direct lights, put some shrouds over the

11:29:45 lights that would keep them from being an airplane

11:29:48 issue.

11:29:48 I asked that question to both Karen you and Steve six

11:29:52 months ago.

11:29:53 I don't know where it went.

11:29:54 >> I can tell new terms of what's being proposed, it

11:29:57 certainly appropriate, adequate.




11:29:58 Meets all the criteria we need to meet in terms of

11:30:02 signage.

11:30:03 We're very comfortable what we have there is going to

11:30:05 be safe and appropriate.

11:30:07 I think Karen may have had some communication with FAA

11:30:11 on the blinking light.

11:30:12 You may want to comment on that.

11:30:14 >> It is our understanding from talking with them, we

11:30:15 are not able to put in blinking lights.

11:30:18 But I'll be glad to go back and ask that question

11:30:20 again.

11:30:21 I know Lori and them had asked before and it's not

11:30:25 something they want to have for concern and safety.

11:30:27 I will ask it again.

11:30:28 >>JOHN DINGFELDER: But if you look at the geometry,

11:30:31 it's 90-degree difference from the direction the planes

11:30:33 are coming from.

11:30:34 I mean, ya'll can visualize that.

11:30:37 And the other thing is, have we asked if we can shroud

11:30:41 them?

11:30:41 If we don't ask the question, they're going to say we'd

11:30:45 like to put blinking lights at the end of your runway,




11:30:47 they're going to say no.

11:30:48 But if we ask about specific things like that, for

11:30:51 pedestrian safety purposes.

11:30:53 Jean, I believe does it meet standards now?

11:30:57 Yes, would blinking lights be safer?

11:30:59 Jean?

11:31:01 I mean, would they than safer?

11:31:03 They'd have to be safer.

11:31:05 >> I can say that what we have proposed is nationally

11:31:08 recognized standards, recognized safety.

11:31:11 So, whether the blinking lights would add another layer

11:31:14 of that is --

11:31:16 >>JOHN DINGFELDER: Sure they do.

11:31:17 That's why we put them up elsewhere.

11:31:19 >> We feel very comfortable with what we are proposing

11:31:22 in giving pedestrians safest conditions possible.

11:31:25 >>JOHN DINGFELDER: I understand.

11:31:27 I'm not even going to ask to you come back.

11:31:29 Just send us a memo and say we have done our due

11:31:31 diligence and tell us if we could put in the blinking

11:31:34 lights or not.

11:31:35 If so, how much they cost and maybe we can find the




11:31:38 money.

11:31:38 Thank you.

11:31:39 >>GWEN MILLER: Miss Saul?

11:31:42 >>LINDA SAUL-SENA: I hope this will be the safest

11:31:44 thing.

11:31:45 A number of residents felt in part that having those,

11:31:48 the crossway where you have greater visibility in both

11:31:52 directions was safer.

11:31:53 It makes sense to me intuitively.

11:31:56 You are the ones who put the corrosion at the base of

11:31:58 the Davis Island bridge, which I think is the nuttiest

11:32:02 place to put a cross way ever in the community.

11:32:04 If you think that's safe, then who am I to argue about

11:32:06 another location?

11:32:07 So, anyway, I just hope everybody is safe.

11:32:10 I'm thrilled that we're finally getting this bike route

11:32:12 done.

11:32:13 Thank you.

11:32:15 >>CHARLIE MIRANDA: I just want to thing miss Dorzback

11:32:18 for assisting the good people of Hillsborough County

11:32:20 who had trouble getting out of the garage and chasing

11:32:23 police officers and getting them out of that garage so




11:32:25 they can have dinner on time.

11:32:26 Thank you very much.

11:32:28 >> Just in the sake of time for you, the Council, could

11:32:31 we address items 68?

11:32:35 >> Before Miss Palus leaves, the board we met over at

11:32:43 the Seminole Heights Garden Center.

11:32:45 I want to thank you.

11:32:46 Kind of the last minute, you all came through for us.

11:32:50 We had originally had I guess scheduled for children's

11:32:52 board.

11:32:53 Something happened.

11:32:53 And your staff, your office accommodated us on last

11:32:57 Thursday.

11:32:57 And I tell you, that is a beautiful -- of course I was

11:33:00 there for the opening.

11:33:01 But it's a beautiful facility.

11:33:02 Just want to thank you and your staff for really

11:33:05 responding and just making it available for us.

11:33:08 I tell you, it is first class.

11:33:10 Seminole Heights garden community got to be very proud

11:33:13 of that facility.

11:33:15 >> I personally want to thank you and Mr. Carotta and




11:33:24 your staff for outstanding work.

11:33:26 I specifically, if I can, just want to acknowledge Nick

11:33:30 Kelso and Frank Hilton and Luis Campanello, who

11:33:34 everybody worked really well to have this be a

11:33:37 successful event.

11:33:38 I just want to personally thank you and your staff.

11:33:41 >>THOMAS SCOTT: I'm going to get them a letter to thank

11:33:43 them as well.

11:33:45 >>CHARLIE MIRANDA: I just hope you charge them $100 an

11:33:48 hour minimum.

11:33:49 That's what the rate was.

11:33:50 [ Laughter ]

11:33:51 >> You did a wonderful job plugging that Councilman

11:33:55 Miranda, thank you.

11:33:56 >>THOMAS SCOTT: Steve, go ahead.

11:33:57 >> I was going to address item 68.

11:34:00 Involving, installing bike lanes on Davis Island.

11:34:04 Again, we're pursuing and we're looking at more of a

11:34:08 global approach on how we can get bike lanes and again

11:34:12 increased pedestrian access throughout the city.

11:34:15 We're working with the MPO and FDOT for grants.

11:34:18 Again, there are comp plan there are being changes.




11:34:23 We're looking for opportunities as we have been saying,

11:34:25 when we build a project, if it's a road project, we

11:34:28 don't build many of them, but when we do, we do the

11:34:31 entire project to include the streets and the bus pull

11:34:34 ups and things that we can, the sidewalks, bike lanes.

11:34:37 The same thing when, as we have been saying, when we

11:34:40 have opportunities and we're looking at overlaying

11:34:44 roads.

11:34:44 We look at the same thing.

11:34:46 Is there an opportunity here for a bike lane?

11:34:48 And we'll continue to do that.

11:34:49 We are also building some trails, like the ones out on

11:34:53 Davis Island.

11:34:55 Just at first blush, though, on Davis Island, there is

11:34:59 a lot of on-street parking.

11:35:01 Quite frankly, it's a very safe place to bike because

11:35:04 it's not a through road.

11:35:06 People can get on and off on only one place.

11:35:09 But, again, we think there's going to be some

11:35:11 difficulties with pursuing a bike lane out there.

11:35:15 Anyway, be glad to answer questions.

11:35:18 >>THOMAS SCOTT: Any questions on that?




11:35:19 Okay.

11:35:21 >> And then we have item number 69, which was a motion

11:35:26 and Jean's got that --

11:35:29 >> Yes, again.

11:35:31 Had a conversation for clarity on this motion and

11:35:34 provided a memo for review.

11:35:36 Basically, just wanted to give a quick overview of all

11:35:41 the things we are doing in terms of addressing bicycle

11:35:44 and pedestrian safety.

11:35:45 Our new comprehensive plan is very focused on

11:35:49 multimodal travel and bicycle and pedestrian safety.

11:35:52 So we're working on a number of fronts to implement

11:35:56 those policies.

11:35:57 We're working with the MPO and the DOT to seek

11:36:02 pedestrian safety funds and enhancement funds through

11:36:05 their established processes.

11:36:07 We're very excited to be having the opportunity to

11:36:11 develop a complete street project within our traffic

11:36:14 calming program.

11:36:16 Our kickoff project is North Boulevard.

11:36:18 We're looking at formulating our design concept

11:36:21 basically between the bridge and MLK.




11:36:24 Taking the existing four lane undivided road and making

11:36:29 some changes that will implement a bicycle provision.

11:36:33 Left turn lanes for the left Turners to make a safer

11:36:37 movement, which will help out the pedestrians and

11:36:40 bicyclists.

11:36:41 We focus on this project because the pedestrian traffic

11:36:45 there from the university and the school, so felt like

11:36:48 it was a good project to start with.

11:36:51 We're also continuing to review our resurfacing

11:36:54 projects that we have on collector roads to see what

11:36:58 opportunities might be available.

11:37:00 As we resurface a project, could we put in bicycle

11:37:03 lane?

11:37:04 Bicycle signage?

11:37:05 Whatever other bicycle provisions or pedestrian

11:37:10 provision out there already, doing another project.

11:37:12 And we're also continuing our policy of any time we

11:37:18 have a roadway widening project, for example, 40th

11:37:21 Street, Manhattan, Cross Creek, we make sure that

11:37:25 whatever opportunity there is for the other modes of

11:37:29 travel, we put those in as well.

11:37:30 For example, 40th Street, we had an opportunity to put




11:37:34 a lot of bus pull-offs in, which will remove those

11:37:37 vehicles from the travel lane, cause less conflict for

11:37:41 bus riders and motorists as well.

11:37:43 And finally, we are working with our team to develop

11:37:50 procedures for transportation concurrency exception

11:37:54 area policies.

11:37:54 This will allow us to put those procedures in at the

11:37:59 review level, and as projects are developing, as

11:38:03 developments are coming in, we can try to incorporate

11:38:05 and get the different pedestrian, bicycle pieces as

11:38:09 part of developments as well.

11:38:10 So we feel like there's a lot of focus on this right

11:38:15 now.

11:38:15 And hopefully in the very near future you'll actually

11:38:18 see it come to fruition through some of the projects

11:38:22 actually being built out there.

11:38:23 >>THOMAS SCOTT: Any questions?

11:38:25 >>LINDA SAUL-SENA: I want to thank you, Miss Dorzback.

11:38:28 I feel like between the national secretary of

11:38:31 transportation saying bicyclists and pedestrians are on

11:38:35 par with drivers in terms of respect and funding,

11:38:39 that's a huge shift in attitude.




11:38:41 And I'm seeing that shift also here at the City of

11:38:44 Tampa.

11:38:44 And as you said, the proof will be in the pudding when

11:38:47 we actually see these things happen in our communities.

11:38:51 But I look forward to that.

11:38:52 And I will as an MPO member also go after money to

11:38:56 reeducate the public so that we make -- we have kinder,

11:38:59 gentler streets.

11:39:00 We had a suggestion today that our city request the

11:39:04 department of transportation to put messages on their

11:39:06 messaging boards about sharing the road and that

11:39:09 there's a law that bicyclists need three feet of

11:39:13 clearance.

11:39:13 If you all would make that request that would be great.

11:39:15 Says it needs to come from the city.

11:39:18 >> Yes.

11:39:18 >> Thank you.

11:39:19 >>THOMAS SCOTT: Can we get a motion on 65 and 69 to

11:39:21 receive an file?

11:39:24 >> Move 65 and 69.

11:39:27 So moved.

11:39:29 >> Discussed 65 already.




11:39:30 Then on 69.

11:39:32 >> Second.

11:39:34 >>THOMAS SCOTT: 68 has been done okay.

11:39:36 >> Second.

11:39:37 >>THOMAS SCOTT: Moved and second.

11:39:38 All in favor signify by saying aye.

11:39:41 Okay.

11:39:41 >> Again, number 72 is one more related, again we have

11:39:47 submitted a memo to Council with a map that shows

11:39:51 already established bike routes in and out of the city.

11:39:54 >>THOMAS SCOTT: Are there any questions?

11:39:58 >> It's really not adequate.

11:39:59 Thank you, but it doesn't specifically address this.

11:40:02 What I'd like to do, is enact 120 days, you all come

11:40:05 back with something that's more specifically geared to

11:40:08 that.

11:40:08 And also clarifying that bicycles are allowed in the

11:40:12 city park.

11:40:12 I think there's been some miscommunication -- we don't

11:40:16 have to take time now.

11:40:17 But I'd like to move this.

11:40:18 This comes back in a written report is fine.




11:40:20 But in 120 days for something more specifically geared

11:40:22 toward the safe route through the park.

11:40:25 >> If I could mention something.

11:40:27 We are working with the MPO, can developing a scope for

11:40:30 master plan, for bicycles and sidewalks.

11:40:32 And we're looking at focusing on our growth areas, to

11:40:36 start out, because we don't have funding for the entire

11:40:38 city.

11:40:39 But we're looking at this process to be, to have some

11:40:44 public component to it, where we could get input from

11:40:47 bicycle community and others.

11:40:49 And I believe if we could work through this process to

11:40:52 develop the master plan, then instead of separating out

11:40:56 this one particular request, that could be part of this

11:40:59 master plan.

11:41:00 Then we'd have the benefit of the community involvement

11:41:02 and input from the various users, potential users, so

11:41:06 that our plan would be more vetted through rather than

11:41:09 transportation just breaking this off and doing it

11:41:12 separate action.

11:41:13 So if that would be adequate for you, I'd like to

11:41:16 suggest we approach it that way.




11:41:18 >>LINDA SAUL-SENA: That's more global and makes a lot

11:41:19 of sense.

11:41:20 But is the 120 days?

11:41:22 >> I don't believe we could get it back in 120 days

11:41:24 because we are working with the MPO on our scope right

11:41:27 now.

11:41:27 We'll have the logistics of issuing the work order.

11:41:30 We wanted to try to make the schedule as short as

11:41:33 possible.

11:41:33 But I really can't guarantee it could be 120 days.

11:41:38 >>LINDA SAUL-SENA: Lets put it for update in 120 days.

11:41:41 >> Yes.

11:41:42 >>LINDA SAUL-SENA: Which will be what, June, July,

11:41:44 August.

11:41:44 So the first meeting in August.

11:41:46 >> Okay.

11:41:47 >>THOMAS SCOTT: That's item 71 72?

11:41:51 >>LINDA SAUL-SENA: Yes.

11:41:52 >>THOMAS SCOTT: Moved and second.

11:41:52 Come back, just the report to update where you all are

11:41:55 on that process.

11:41:57 All in favor seeing phi.




11:41:59 >>LINDA SAUL-SENA: Written and appear for the update.

11:42:01 >> If it's Council's pleasure, I'll do one more, number

11:42:04 70.

11:42:05 Tampa electric company?

11:42:08 If we can do 70, Council, and then pick up the next

11:42:11 item, already 66.

11:42:14 Then we'll adjourn for lunch.

11:42:17 >> Again, we provided a memo to Council where we hope

11:42:23 we have answered a number of your questions.

11:42:26 Andric has gone around and talked with all of you,

11:42:28 hoping to answer your questions.

11:42:36 But if you have any other issues.

11:42:38 >>THOMAS SCOTT: Any questions on item 70?

11:42:41 >> None.

11:42:42 >>THOMAS SCOTT: Motion to receive and filed and second.

11:42:44 All in favor signify by saying aye.

11:42:47 Opposes?

11:42:47 >> Thank you.

11:42:49 >>THOMAS SCOTT: Is Karen still here?

11:42:51 On item 13, I think.

11:42:53 Okay, then lets take up the billboards.

11:42:55 66.




11:42:59 >> Julia Cole, legal department.

11:43:02 I had submitted a memorandum to City Council on

11:43:04 May 4th.

11:43:06 With a revised proposed ordinance relating to the

11:43:10 electronic billboards signs, in line with, at least in

11:43:14 an attempt to be in line with motion made by City

11:43:17 Council at your workshop agenda on April 22nd.

11:43:20 I know you're short on time.

11:43:21 The memorandum summarizes where we are on those issues.

11:43:25 So I'm not going to get into that conversation unless

11:43:28 you have specific questions.

11:43:29 I did want to note to City Council that during your

11:43:34 public comment portion of your agenda, there was an

11:43:37 issue which was raised in regards to the measurement of

11:43:40 the lighting.

11:43:41 I did want to clarify because some of the comments I

11:43:44 think were a little bit confusing of the two issues.

11:43:48 In our settlement agreements with the billboard

11:43:51 agreements, there are distant separation requirements

11:43:53 for location of billboards from residential.

11:43:55 But the issue in the build board, the proposal,

11:43:59 billboard ordinance relates to the measurement of the




11:44:02 lighting standard.

11:44:04 The lighting standard in what you have received remains

11:44:07 at point three foot candles.

11:44:10 What has changed as a result of communication from the

11:44:14 attorneys for Clear Channel to myself, is the

11:44:16 measurement in previous ordinances was 200 feet from

11:44:21 the residential property line, or 150 feet as measured

11:44:28 perpendicular from the sign.

11:44:29 I have been told that that 150 feet perpendicular

11:44:32 measurement is an impossibility at point three

11:44:35 foot-candles, giving the existing technologies.

11:44:38 And that's why it was changed to 250 feet.

11:44:41 The measurement from the residential property line was

11:44:44 also changed to 250 feet.

11:44:46 As a result of some of the comments that came today,

11:44:48 additional discussions with Clear Channel, I have gone

11:44:51 ahead and revised back to what it was originally, the

11:44:55 measurement from the residential property line at

11:44:57 200 feet.

11:44:58 And I have an amended ordinance that I would like to

11:45:02 give into the record, which relates to that issue.

11:45:05 >>THOMAS SCOTT: With those changes?




11:45:07 >>JULIA COLE: With that change.

11:45:08 Also contains all the changes that are within the red

11:45:10 line version of the proposed ordinance, that I'd

11:45:12 outlined for you.

11:45:14 The only additional change in this is as I was going

11:45:16 through my last final review, we did notice that -- I

11:45:20 did notice and I wanted to assure that there was no --

11:45:23 was no conflicting provisions between the settlement

11:45:26 agreement and this ordinance and we went ahead and

11:45:28 cleared up any conflicting provisions.

11:45:30 We made sure if there were requirements under the

11:45:33 agreements, say, for example, for the removal of the

11:45:35 billboard signs for the settlement agreement it was

11:45:40 clear no signs could be upgraded in the ordinance.

11:45:42 Could in the agreement.

11:45:43 Until that occurs.

11:45:45 But as a general matters, those significant changes are

11:45:47 the ones that you see on the sheet.

11:45:52 The only other change that's in here is relating to the

11:45:57 use of banked credits for the purposes of upgrading a

11:46:01 sign.

11:46:02 As you may recall, Mr. Randy Barron came to the meeting




11:46:07 during your workshop, and expressed some concerns with

11:46:10 the way the language was drafted.

11:46:12 What we went ahead and did, we revised the ordinance to

11:46:16 make clear that when you are exchanging -- as you

11:46:21 recall, one to ten ratio, but the way you calculate the

11:46:25 exchange is that you, under the ordinance, would you

11:46:28 have the opportunity, sign ordinance, have the

11:46:31 opportunity to receive one electronic billboard sign

11:46:34 face, for the removal of ten times that amount in

11:46:39 square footage.

11:46:40 So for example, if you had received, if you were

11:46:43 looking, if your company looking to receive permit for

11:46:46 672 square foot electronic billboard sign face, that

11:46:50 you would be obligated to remove ten times that amount

11:46:55 of traditional billboard sign faces in order to be able

11:47:00 to do that.

11:47:00 That language is changed to just go with that combined

11:47:04 square footage.

11:47:05 The only other little change that was made is there was

11:47:09 a -- there was a provision in there that said your bank

11:47:12 credits needed to be a minimum of 300 square feet.

11:47:15 That got real confusing, we were really looking at it.




11:47:19 So we have cleared up that section.

11:47:20 So the measurement, just so everybody is clear, as a

11:47:23 general matter, the measurement's going to be, ten to

11:47:26 one measurement, for everyone electronic billboard sign

11:47:29 face that you're entitled to, as a sign owner, you have

11:47:32 to remove ten times that amount, four of those signs,

11:47:40 with the same amount, you know, say its 400 square --

11:47:45 4,000 square feet have to be billboard signs in place.

11:47:47 The other six can come from bank credits.

11:47:50 So that's where we are on that issue.

11:47:53 And the only other issue I did want to make clear to

11:47:58 City Council, that as you recall after your last

11:48:00 meeting, the motion was to reduce the number of

11:48:03 potential electronic signs to fix four on large

11:48:08 roadways, two on the small roadways, the concession to

11:48:13 that issue has been made.

11:48:14 I know City Council was interested in potentially

11:48:17 having a resolution or some other action which would

11:48:19 be, would say their intents and revisit this in two

11:48:23 years.

11:48:24 If we do get to second reading, I will bring a

11:48:26 resolution to that effect before City Council.




11:48:28 And the only other two issues, were not necessarily

11:48:32 related to the electronic billboard signs but related

11:48:35 to the government sign issue we heard from Mr. Don Conn

11:48:37 about this morning.

11:48:39 That change was made as a result to add in the transit

11:48:42 shelters was made as a result of your motion at the

11:48:45 last meeting.

11:48:46 We certainly have the right to make changes between

11:48:50 first and second reading.

11:48:52 If there's another direction from Council.

11:48:53 The only thing I want to make clear is that if we

11:48:56 completely remove the section relating to transit

11:48:58 shelters, we'll need to read an ordinance that doesn't

11:49:01 have that in it's title and if that's the direction

11:49:04 Council wants to go, I have that oranges available as

11:49:06 well.

11:49:07 I'm in the hands. Clerk right now, the clean final

11:49:09 version of the ordinance, unless any can changes are

11:49:14 going to be directed between first and second reading.

11:49:16 >>THOMAS SCOTT: Council mon Miranda?

11:49:18 >>CHARLIE MIRANDA: Thank you.

11:49:19 If I do the math real quickly, looking at one




11:49:22 electronic sign at 672 feet, you're removing ten, you

11:49:26 have 6,720 feet that you're going to remove.

11:49:30 Over that, if 4,000 are actual signs, then the bank

11:49:34 would having to give up the credits, 2,720 feet.

11:49:37 Am I correct?

11:49:38 >> I actually didn't say that right.

11:49:40 I was trying to run through this quick.

11:49:41 The measurement is always going to be based upon the

11:49:45 sign you're seeking.

11:49:46 Sign receiving permit.

11:49:48 So if you have a 672 square foot sign, then four times

11:49:52 that amount will have to be from signs in place.

11:49:56 Six times that amount will have to be, can be from

11:49:59 banked credits.

11:50:03 >>CHARLIE MIRANDA: 627 for one sign, if that's the

11:50:05 size, times ten is 6,720 feet.

11:50:09 You said they had to remove ten signs, so I'm taking a

11:50:13 guess that the signs they're removing, they're either

11:50:17 40 by 10 or something like that equal 410 of those

11:50:20 would be 4,000 feet.

11:50:22 Then from the credit in the bank, would be 2,720 feet,

11:50:26 to equal the utilization of the formula that you just




11:50:30 presented.

11:50:31 >> You do math way quicker than do I in my head.

11:50:38 >>CHARLIE MIRANDA: I'm finished.

11:50:40 >>THOMAS SCOTT: Commission woman Saul-Sena?

11:50:43 >>LINDA SAUL-SENA: I paid close attention to what

11:50:46 Mr. Conn shared with us this morning and I feel it's

11:50:50 important that we provide shelter to our bus riders.

11:50:52 I know that we don't have the revenue to provide it

11:50:55 other than through advertising in the bus shelters.

11:50:57 So what I'd like to do is amend what's before us to

11:51:00 preclude the bus shelters.

11:51:03 To not include the bus shelters in the provision that's

11:51:08 before us about the LED signs.

11:51:10 It was never a part of the original discussion.

11:51:12 And I feel like in deference to our transit users, we

11:51:16 need to preclude the bus shelters.

11:51:19 >>JULIA COLE: In order to kind of take this separate, I

11:51:21 will indicate to you all that I did have a conversation

11:51:24 with clerk Jordan Holmes this morning.

11:51:27 And I do understand HART does not have an objection to

11:51:30 a provision which indicates that the HART shelters

11:51:32 cannot have electronic signs.




11:51:35 >>LINDA SAUL-SENA: I'm sorry.

11:51:37 >>JULIA COLE: I did want to skate that as well.

11:51:39 If City Council wanted to lever something in there

11:51:41 about traffic shelters.

11:51:43 I neglected to indicate that.

11:51:45 >>LINDA SAUL-SENA: My intention, what I was saying,

11:51:47 excuse me if I wasn't clear.

11:51:49 I wasn't referring to LED signs.

11:51:51 I'm referring to advertising in bus shelters.

11:51:54 >>THOMAS SCOTT: That had no reference here anyway.

11:51:57 But the idea was, as I understand from staff that had

11:52:00 been briefed, that Jordan Holmes with HART was all on

11:52:06 board of with the ordinance because he understood it.

11:52:07 That's what I was told.

11:52:08 >>LINDA SAUL-SENA: No.

11:52:09 >>JULIA COLE: The last conversation I had with

11:52:10 Mr. Jordan Holmes was that --

11:52:14 I think HART was a little frustrated this got to them

11:52:17 after the last minute.

11:52:18 But I was able to talk to them and they understand the

11:52:20 issue, that they didn't have a problem with retaining

11:52:23 something in an in accordance which would limit transit




11:52:27 shelters to having no electronic bill botched signs.

11:52:31 >>LINDA SAUL-SENA: Margo is here.

11:52:34 >>THOMAS SCOTT: Well, Councilman Dingfelder?

11:52:37 >>JOHN DINGFELDER: I was going to point out that Miss

11:52:38 Harder is here on behalf of the HART.

11:52:41 We can get clarification.

11:52:42 I'm looking at the proposed change.

11:52:45 And I think clearly we are all on board with, we don't

11:52:49 want digital billboard signs in the HART shelters.

11:52:52 I talked to Mr. Margo and Mr. Conn earlier and

11:52:55 Mr. Clark Holmes yesterday.

11:52:57 That's not the intent of HART anyway.

11:52:59 So I think we are all comfortable with that part of it.

11:53:02 But the other part says, shall comply with the lighting

11:53:07 standards contained in city code 20-5.

11:53:09 Then looking at 20-5-13, paren 2, speaks to illuminated

11:53:16 on-site signs including neon signs shall not produce

11:53:19 more than one foot-candle of illumination four feet

11:53:22 from the sign.

11:53:23 I think really the unknown is, and I don't even think

11:53:26 Mr. Conn or Margo can answer it today, because this has

11:53:30 only been for 48 hours, is the issue of whether or not




11:53:34 those bus shelter signs already meet this requirement,

11:53:37 or don't meet the requirement.

11:53:38 I don't really know which way to go with it.

11:53:41 I'm sort of leaning towards just passing it way it is

11:53:44 right now.

11:53:45 And I commend Mr. Miranda for pointing this out.

11:53:48 Passing it the way it is right now.

11:53:50 And then if the HART and their vendor come back to us

11:53:55 and say, we have measured it and we were not able to

11:53:59 comply, then maybe we'll tweak it up a little bit so

11:54:02 they can comply because -- I think we all want bus

11:54:06 shelters in the community and this is a viable way to

11:54:08 have them.

11:54:08 So my leaning, Miss Saul-Sena, with all due respect, is

11:54:13 go ahead and leave it alone today.

11:54:14 We can always come back and tweak it another day.

11:54:16 But I think there are a lot bigger issues on the table

11:54:19 today.

11:54:21 >>MARY MULHERN: I'd like to hear from Mr. Margo and-

11:54:25 >> If I may, Mr. Chairman and honorable members, on

11:54:28 behalf of HART, we are comfortable with the digital

11:54:31 portion.




11:54:31 We are not comfortable with the illumination portion of

11:54:35 that, for the reasons mentioned.

11:54:37 We have not been able to assess that.

11:54:40 And we would have to have an electrical engineer assess

11:54:45 the illumination and we have not had enough time to do

11:54:48 that.

11:54:48 Thank you.

11:54:52 >>MARY MULHERN: I'd like to suggest, as I did earlier,

11:54:55 after of we heard from Mr. Conn, that this just not be

11:54:58 part of this ordinance.

11:54:59 And I will vote to remove it because if they need to do

11:55:04 their research.

11:55:04 And also, I have a question for legal.

11:55:06 We have had the argument made to us for quite a while,

11:55:15 that going forward with allowing digital billboards.

11:55:18 Would help us settle lawsuits.

11:55:25 And because we already were allowing some digital

11:55:29 signs, that was one of the rationals for allowing

11:55:37 digital billboards in the settlement agreement.

11:55:40 Now we are talking about denying HART from using them.

11:55:45 So, even though HART says they don't want them right

11:55:49 now, why would we do that?




11:55:53 >>JULIA COLE: Well, first of all, I was bringing back

11:55:56 as a result of a motion, of what I understood City

11:55:59 Council question to be.

11:56:00 As it relates to the transit shelters and whether or

11:56:03 not they have a right to digital signs or not.

11:56:06 Keep in mind, that the transit shelters were adopted

11:56:09 and advertising as a completely separate idea from

11:56:14 what's in your sign code.

11:56:16 I would argue that given the nature of the way chapter

11:56:19 22 with the transit shelter is drafted, they wouldn't

11:56:22 have had the right to have them anyway.

11:56:24 This does clarify it.

11:56:26 But I would have taken the position if somebody had

11:56:29 asked my legal opinion, that that, given the fact that

11:56:32 it's in a separate section and wholly contains the

11:56:35 standards relating to the transit shelter signs, that's

11:56:37 something that wouldn't have been allowed anyway.

11:56:39 They would have had to amend that section or have

11:56:41 benefit of the electronic signs.

11:56:43 >>LINDA SAUL-SENA: Then --

11:56:45 >>MARY MULHERN: Then explain to me why we have heard.

11:56:47 And I think people mentioned this at the last meeting




11:56:49 and other discussions, that -- never mind.

11:56:56 I'm going to drop it.

11:56:57 I'm not going to vote for this anyway.

11:56:59 But I think it's -- it's interesting.

11:57:01 But actually, I think if HART is not happy with this,

11:57:06 comfortable with it, we either need to fix it so

11:57:10 they're comfortable or we need to take that out of the

11:57:13 agreement and revisit it.

11:57:14 That part of it.

11:57:16 >>CHARLIE MIRANDA: Let me say this.

11:57:17 Thank you, Mr. Chairman for the floor.

11:57:18 If you go back in history this is not new.

11:57:20 Back in the late, the middle 70s.

11:57:22 It was either Kodak or Polaroid who wanted to build the

11:57:27 bus shelters and had one panel, only one panel, and

11:57:30 that Council at that time said no.

11:57:32 That doesn't mean this Council can't change that.

11:57:35 I'm not after hard line, but I am one that believes in

11:57:40 fairness.

11:57:40 If you're going to go after something, then all of it

11:57:43 being be the same.

11:57:44 The billboards are coming down.




11:57:46 Digital's coming up to some degree.

11:57:48 If you measure the two build boards at Hartline that

11:57:52 proposing by this fine company, it is equal to or

11:57:55 greater than the total square footage for these good

11:57:59 citizens are going to sit under to catch the bus.

11:58:02 So I'm saying if you go down the plaza now, want to

11:58:05 build a plaza, you can't build a sign that size.

11:58:08 You got to build the little thing on your building that

11:58:11 says Charlie Miranda's Nut Shop.

11:58:14 [ Laughter ]

11:58:14 You know.

11:58:16 John Dingfelder's barber shop.

11:58:17 Whatever.

11:58:19 So, I'm not trying to be cute.

11:58:20 I'm trying to be fair.

11:58:22 So what I'm saying when I drive by and I've got many

11:58:24 pictures of them.

11:58:25 All of them.

11:58:26 Regular signs, billboard signs, Bart signs, every signs

11:58:33 there is.

11:58:33 Illegal signs.

11:58:34 I'm saying to myself, how fair am I, as an elected




11:58:38 official, to vote on something and give something else

11:58:41 away that is twice the size?

11:58:43 If you are going to pass that penny sales tax, build

11:58:46 your own damn shelters.

11:58:49 They don't have to have all them advertising on it.

11:58:51 They could be lit.

11:58:52 They could be nice.

11:58:53 They could be accommodating.

11:58:55 They could help the bus system.

11:58:57 They can help transit.

11:58:58 They can help T Bart.

11:59:00 They can help all of them.

11:59:02 But we don't.

11:59:02 We leave them dinghy.

11:59:04 I'll show you some on Nebraska avenue that look

11:59:07 terrible.

11:59:07 Haven't been cleaned.

11:59:10 Nothing's happened.

11:59:10 And then you want me to vote on something like that?

11:59:13 That's not going to happen.

11:59:15 I want fairness, I want equate.

11:59:20 I want the same thing that I offer to Mr. X to have




11:59:24 Mrs. Y have the same opportunity.

11:59:26 >> Thank you.

11:59:27 >>THOMAS SCOTT: Let's move here.

11:59:28 Ms. Vizzi, you want to come forward and Ms. Susan

11:59:32 Rosetti, the people in line to speak and didn't get the

11:59:36 opportunity to speak this morning relative to issue.

11:59:38 I will allow them an opportunity to.

11:59:40 >> Margaret Vizzi, though I did get to speak to it, I

11:59:44 want to clarify that the billboard industry did talk to

11:59:48 Mr. Wilford Johnson before he left.

11:59:50 And was explained what Julia just gave you and the

11:59:55 numbers, because she was giving me so many numbers.

11:59:58 I could not relay them clearly to you.

12:00:02 But, from what I understand now, Dan is going along

12:00:07 with it, as it is.

12:00:09 I hope that the part about the shelter stays in.

12:00:12 And if the lighting needs to be changed, because it

12:00:16 needs to be less than is there.

12:00:19 Then you would change it later.

12:00:21 Thank you.

12:00:22 >>THOMAS SCOTT: Okay, miss Susan Rosetti.

12:00:24 And then I think Councilman Dingfelder said it best.




12:00:28 We need to move the motion.

12:00:29 Then if issue later on with HART, we can always bring

12:00:33 that back.

12:00:34 We need to move.

12:00:35 >> Susan Rosetti, 511 west Cleveland street I'm also

12:00:39 the consultant Florida DOT.

12:00:41 On outdoor advertising matters.

12:00:43 And one of the uses I brought up last time at the

12:00:48 workshop, there does not seem to be any coordination

12:00:52 between the city and the state regarding the signs that

12:00:55 are going to be removed.

12:00:56 And I'm concerned about the city being embroiled in

12:01:01 future litigation if we do not tie the ser run --

12:01:08 surrender of state billboard permits with the signs

12:01:11 that are being removed.

12:01:12 We're talking about public money that may be wasted if

12:01:17 this coordination is not part of this ordinance.

12:01:21 That's it.

12:01:24 >>THOMAS SCOTT: Thank you very much.

12:01:25 Councilman Dingfelder, you want to read the ordinance?

12:01:32 >>MARY MULHERN: I had a question.

12:01:33 Did legal address what she had to say?




12:01:38 >> It's our view that it's not appropriate for the city

12:01:41 to interplace ourselves between a private sign owner

12:01:46 and any permits they have at the state issue.

12:01:48 That will be an issue each sign vendor will have to

12:01:51 address and make sure they are in compliance with both

12:01:54 local law and state law.

12:01:56 >>MARY MULHERN: But the city couldn't talk to the state

12:01:58 about our proposed ordinance and if it will possibly

12:02:06 lead us into some kind of conflict?

12:02:08 You can't talk to the state?

12:02:12 >> We certainly could.

12:02:13 I don't know what our consultation has been, that miss

12:02:16 Cole might have done with FDOT.

12:02:18 But what I heard from the last meeting was the issue

12:02:21 about state billboard permits.

12:02:23 And I think we would have greater risk of having legal

12:02:27 issues if we insert ourselves into the state billboard

12:02:31 licensing process.

12:02:32 Which is a fairly litigious process.

12:02:37 My recommendation is keep the ordinance silent as to

12:02:39 how and when the billboard vendors comply with state

12:02:42 law.




12:02:43 They still have to comply with state law.

12:02:45 Nothing in this ordinance precludes or preempts their

12:02:47 requirement to comply with state law.

12:02:50 They would have to meet the most conservative or

12:02:52 restrictive of both the state and the local standard.

12:02:58 >>THOMAS SCOTT: Okay, Councilman Dingfelder?

12:03:00 >>JOHN DINGFELDER: Thank you, Mr. Chairman.

12:03:02 I will read the ordinance.

12:03:04 I just wanted to say why I'll read this ordinance.

12:03:06 I am not in favor of digital billboards at all.

12:03:09 Frankly, I wish we wouldn't have them in our city.

12:03:11 However, we have been litigating with the billboard

12:03:14 companies for probably a decade.

12:03:16 We have spent hundreds of thousands, maybe even

12:03:20 approaching a million dollars on outside attorney's

12:03:23 fees to litigate with the billboard companies.

12:03:26 And I believe this day has finally come when we can

12:03:29 stop litigating with billboard companies, they're going

12:03:31 to continue to take down billboards and in return will

12:03:34 put up at least today, at the most, a dozen digital

12:03:37 billboards in return.

12:03:38 I think that between the settlement agreements that we




12:03:41 have already passed and this ordinance, I think we can

12:03:46 resolve a lot of this.

12:03:47 And at the same time, we'll protect our neighborhoods.

12:03:50 Because we have gone out of our way to make sure that

12:03:52 these new digital billboards will not be in the

12:03:55 neighborhoods.

12:03:55 So, with all that said, I'll move the following

12:03:57 ordinance of the City of Tampa.

12:04:00 An ordinance of the City of Tampa, Florida amending

12:04:02 section 20.5-4, words defined, amending section 20.5-7,

12:04:10 allowable signs, permits when required.

12:04:12 Amending section 20.5-11, billboard signs.

12:04:16 Amending section 20.5-12, off-site signs, view

12:04:21 corridors, amending section 20.5-15 prohibited signs

12:04:25 enumerated.

12:04:27 Amending section 22-135, transit shelter advertising.

12:04:31 Repeal parts of ordinances in conflicts there providing

12:04:35 for repeal of all ordinances in conflict, providing for

12:04:36 severability, providing an effective date.

12:04:37 For first reading.

12:04:38 >>THOMAS SCOTT: Moved and second.

12:04:39 Second by Councilman Miranda.




12:04:42 Councilman Saul-Sena.

12:04:43 And then Councilwoman Mulhern.

12:04:46 >>LINDA SAUL-SENA: Thank you.

12:04:47 I want to congratulate our staff on trying.

12:04:50 However, I think if the city had really wanted to hire

12:04:53 aggressive outside counsel, we could have come up with

12:04:56 something even better.

12:04:57 I think the most responsible thing for the city to do

12:05:00 is to wait until the federal report is issued on the

12:05:04 distraction factor in digital billboards.

12:05:06 I believe they're dangerous.

12:05:08 I have been driving a lot from the county recently.

12:05:10 They are very distracting.

12:05:12 I don't think they're safe.

12:05:13 I don't think they're wise.

12:05:14 And if we do the math that Mr. Miranda was pointing

12:05:17 out, we see that in actuality, we're getting four

12:05:21 billboards down for one, that the other six billboards

12:05:24 are virtual.

12:05:25 Which is to say, invisible.

12:05:27 Which doesn't clean up the visual pollution created by

12:05:31 billboards.




12:05:32 Based on that, based on the distraction factor in these

12:05:36 LED billboards, I will not be supporting the motion.

12:05:40 >>MARY MULHERN: Yes, I don't think there's any question

12:05:42 of our, what our legal staff, especially Julia, how

12:05:46 much work she's put into this.

12:05:48 And how much volunteer time that the FAN people have

12:05:52 put into this, to really try to make it better for our

12:05:56 neighborhoods.

12:05:56 But, it doesn't change the fact that we as a city --

12:06:00 City Council are making a major quality of life and

12:06:04 safety decision based on no clear evidence that this is

12:06:10 not a danger.

12:06:11 And there is evidence out there that it is.

12:06:13 And there's major, major national study going on.

12:06:19 So, you know, we're always in litigation, John, as you

12:06:23 know.

12:06:24 Or you wouldn't have a job if everybody wasn't always

12:06:27 suing people.

12:06:28 [ Laughter ]

12:06:29 >>MARY MULHERN: So that's not a basis to make a big

12:06:31 policy decision like this.

12:06:33 And I just want the people -- I don't want the




12:06:37 neighborhoods thinking that I'm not supporting the work

12:06:40 they put into this.

12:06:41 But I think that it's disappointing that we as Council

12:06:45 can't offer you more confidence than that.

12:06:48 That we're going to be looking out for everybody's

12:06:50 interest in the city, not just the people who have the

12:06:53 time to come here and, you know, and spend all this

12:06:57 time negotiating with litigants against the city.

12:07:04 And trying to come up with a policy.

12:07:06 So yes, John, this is a much better than what it could

12:07:09 have been.

12:07:10 But it's still, I don't think -- there's no public

12:07:13 benefit from this decision today.

12:07:14 I don't think there's any urgency about us doing it.

12:07:17 And the least we could do is wait until the studies

12:07:20 come in, which we don't know when they're going to come

12:07:23 in.

12:07:23 But the last thing we heard was sometime this summer.

12:07:26 So, just think, you could have put this off, and you

12:07:30 wouldn't with, you know, put it off long enough, you

12:07:32 wouldn't even have to vote on it.

12:07:37 >>THOMAS SCOTT: And it's always political to sit back




12:07:39 and do nothing.

12:07:40 But it takes a real leader who has been elected to make

12:07:45 sound policies.

12:07:46 In the best interest of the community, given the fact

12:07:50 where we are.

12:07:51 Takes a real person and real leader to do that.

12:07:54 We can always sit back and not do anything.

12:07:56 We're not in the stone ages any more.

12:07:58 We have evolved into technology.

12:08:00 Technology beyond a lot of our minds even to comprehend

12:08:05 in many instances.

12:08:06 We have come to that point.

12:08:08 So as a result of that, we have to create policies and

12:08:11 laws that protect the neighborhood, protect our

12:08:14 citizens, and provide safety for us and for our

12:08:19 citizens.

12:08:19 I think yes, we're always in litigation, but given the

12:08:24 budgetary constraints that we're in, I'd much rather

12:08:28 spend those dollars for children to go to parks than to

12:08:31 give it to attorneys and the courts to continue to put

12:08:38 in their pockets and to build upon relative to children

12:08:41 going to community parks.




12:08:42 And so, I think Councilman Dingfelder, again, I want to

12:08:46 commend you for coming the other week, last week, week

12:08:50 before last with the suggestion that we start out on

12:08:53 the small scale, come back in two years and look at it

12:08:55 again.

12:08:56 We have to do something.

12:08:57 I believe that this is appropriate.

12:08:59 And you know, at some point, as elected officials, we

12:09:04 got to stop passing the buck.

12:09:06 Got to stand and make sound policy and decision.

12:09:09 That's the benefit for the total community.

12:09:11 I think that the total community benefits from this.

12:09:14 With that, there's a motion on the floor.

12:09:16 Been moved and second.

12:09:17 All in favor say -- yes, all in favor signify by segue

12:09:24 aye.

12:09:25 Opposes?

12:09:27 >> Motion carried with Mulhern and Saul-Sena voting no.

12:09:30 Second reading of the ordinance will be held May the

12:09:32 20th at 9:30 a.m.

12:09:34 >>THOMAS SCOTT: I have to leave.

12:09:37 On item 13 that was pulled by Councilwoman Mulhern.




12:09:40 You want to address that?

12:09:41 But I have to leave.

12:09:42 We'll reconvene at 1:30.

12:09:46 Then we'll pick up the other items that we have that

12:09:49 we're way behind on.

12:09:51 >>MARY MULHERN: Miss Palus, I guess first question is

12:09:53 how come you're explaining this to us?

12:09:55 Because it's not really clear why -- what this is.

12:10:01 Why we're doing this.

12:10:03 >> Miss Mulhern, I can explain it.

12:10:07 But it is a parks issue primarily.

12:10:12 That's why I asked Miss Palus to be here.

12:10:14 It's an umbrella agreement that creates a framework for

12:10:17 what I would refer to as joint use of both school board

12:10:20 and city park property for recreational activities.

12:10:24 >>MARY MULHERN: This is a huge, huge policy decision.

12:10:26 And we don't know anything about what this umbrella is

12:10:29 going to allow.

12:10:30 I mean, you're talking about trading uses of school

12:10:35 board and city land.

12:10:36 There's going to be -- financial?

12:10:42 >> I can let Miss Palus get into those deals.




12:10:47 I can tell you what it is not.

12:10:49 We have some that are not covered, where we would make

12:10:52 exclusive use ever city property to a school for a

12:10:55 playground and say fence it off and it's just part of

12:10:57 the school.

12:10:58 >>MARY MULHERN: You know what?

12:10:59 We don't have time.

12:11:00 I think we need to continue this for an actual, this

12:11:04 needs to be on the agenda so we can hear what you're

12:11:06 asking us to approve.

12:11:09 >> It's actually renewal of an existing agreement with

12:11:12 existing exchange of uses.

12:11:14 We could, this afternoon --

12:11:18 >>MARY MULHERN: A renewal?

12:11:21 >> Ongoing for many years.

12:11:23 >>GWEN MILLER: Miss Mulhern?

12:11:26 >>MARY MULHERN: Bring it back at 1:30.

12:11:27 If it was a renewal, I wouldn't have pulled it.

12:11:32 >> It's superseding --

12:11:35 >>GWEN MILLER: We'll be back at 1:30.

12:11:36 We are in recess until 1:30.

12:11:39






DISCLAIMER:

The preceding represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
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TAMPA CITY COUNCIL

Thursday, May 6, 2010

1:30 p.m. session



DISCLAIMER:

The following represents an unedited version of
realtime captioning which should neither be relied upon
for complete accuracy nor used as a verbatim
transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of
third party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.



[ ROLL CALL ]

13:36:18 >>THOMAS SCOTT: Okay.

13:36:19 One item to hold up till the mayor comes before us.

13:36:21 On item 75 that is a requested continuance.

13:36:26 If we could dispose of that one item, then we'll bring

13:36:28 the mayor.

13:36:29 Item 75.

13:36:30 Item 75.

13:36:32 This is the Port Authority asking for continues answer

13:36:34 on to vacate.




13:36:35 >>MARTIN SHELBY: I believe, Mr. Chairman, they are

13:36:38 requesting, and staff is here for that, the 24th of

13:36:42 June, 1:30 in the afternoon.

13:36:45 >>THOMAS SCOTT: Let's open the public hearing.

13:36:47 >>MARTIN SHELBY: It's continued.

13:36:49 >>GWEN MILLER: Move to continue.

13:36:50 >> Second.

13:36:52 >>MARTIN SHELBY: June 24th at 1:30.

13:36:56 >>GWEN MILLER: At 1:30 p.m.

13:36:57 >>THOMAS SCOTT: Anyone who wants to speak to this

13:36:59 item?

13:37:00 Okay.

13:37:00 Motion, moved and seconded.

13:37:03 All in favor?

13:37:04 Opposes?

13:37:04 Thank you.

13:37:05 Mayor, we have the honorable Pam Iorio, mayor of the

13:37:09 City of Tampa is going to come forward at this time.

13:37:10 >>MAYOR IORIO: Thank you, Mr. Chairman.

13:37:12 The item before you is the distribution of the

13:37:16 transportation surtax.

13:37:17 This local agreement is going before the Board of




13:37:19 County Commissioners on May 13th in conjunction

13:37:23 where the ordinance that would place the one percent

13:37:29 surtax on the ballot for this November.

13:37:31 The ordinance and the interlocal agreement has been

13:37:34 traveling together, as they have been moving towards

13:37:37 BOCC approval.

13:37:38 Let me start by first of all thanking Councilwoman

13:37:42 Miller and Chairman Scott for serving on the

13:37:44 Hillsborough County transportation task force.

13:37:48 It is because of the work of that task force that we

13:37:50 have really gotten as far as we have and are at the

13:37:54 point that we are ready to place an issue before the

13:37:56 voters.

13:37:57 Let me also thank all the members who sit on the MPO

13:38:01 because they too have been extremely supportive in

13:38:03 moving this issue forward.

13:38:05 And, of course, councilman Dingfelder sits on Hart so

13:38:09 collectively everyone who has worked really hard to

13:38:11 bring this issue to fruition.

13:38:14 This interlocal agreement that Chip Fletcher will go

13:38:18 over the specifics of it but the main point of it has

13:38:21 been how do we distribute the 25% of the penny that




13:38:23 will go for roads and bridges?

13:38:27 We have developed a formula in conjunction with the

13:38:30 cities of Temple Terrace and Plant City that we feel is

13:38:34 fair and addresses the issues of road inadequacies

13:38:38 which are mainly in the unincorporated part of the

13:38:40 county.

13:38:41 When you really look at the entire map of what needs to

13:38:43 be accomplished in terms of where the transit is going,

13:38:47 where that investment is going, versus the road

13:38:50 investment, we came to an agreement that I think really

13:38:53 reflects the fair situation in the long run.

13:38:56 I really want to thank our partners in Temple Terrace

13:39:00 and Plant City.

13:39:00 We all sat together and hashed out this interlocal

13:39:04 agreement, and of course along with the county.

13:39:06 So this interlocal agreement reflects the partnership

13:39:09 between the City of Tampa, Temple Terrace, Plant City,

13:39:13 Hart, and Hillsborough County.

13:39:20 The request requests each municipality discuss the

13:39:22 interlocal so when they address it on May 13th they

13:39:25 will have hopefully approvals from all three

13:39:28 municipalities.




13:39:29 Chip will now go over the interlocal and I am going to

13:39:31 stay and be able to answer any questions that you have.

13:39:35 >>THOMAS SCOTT: Thank you.

13:39:35 >>CHARLES FLETCHER: City attorney.

13:39:39 As the mayor indicated, this would be an interlocal

13:39:41 agreement between the City of Tampa, city of Temple

13:39:44 Terrace, city of Plant City, Hillsborough County, and

13:39:48 the Hillsborough transit authority, better known as

13:39:51 Hart.

13:39:52 It would be contingent on the implementation of the

13:39:55 transit surtax that the mayor referenced.

13:40:00 The Board of County Commissioners is considering an

13:40:02 ordinance to place it on the ballot.

13:40:04 On May 13th.

13:40:07 The key elements.

13:40:07 Agreement are that 75% would be dedicated for transit,

13:40:11 25% is dedicated for nontransit, and by statute

13:40:16 nontransit is defined as roads and bridges.

13:40:20 For the first roughly ten years until September of

13:40:24 2020, 90% of that 25% would be dedicated for the

13:40:29 transportation task force projects as updated by the

13:40:33 Board of County Commissioners, and then after that




13:40:37 roughly ten-year period until those projects are

13:40:40 complete, 40% would be dedicated to those projects.

13:40:43 So there is an emphasis on getting those projects done

13:40:46 quickly while still retaining some funds for other

13:40:50 projects to be utilized by the county and the cities

13:40:54 for roads and bridges.

13:40:55 After that process is complete, and those

13:41:00 transportation task force projects are completed, the

13:41:02 distribution would be very similar to the community

13:41:07 investment tax formula which is based more or less on

13:41:09 population and is adjusted annually based on population

13:41:13 between the cities and the county.

13:41:17 The 75% for transit is dedicated to Hart used to fund

13:41:21 the rapid transit investment plan, that is a plan

13:41:24 that's been adopted by Hart and presented to the Board

13:41:28 of County Commissioners.

13:41:29 That management of the funds for the transit plan would

13:41:34 be reviewed, and there would be an oversight process

13:41:41 that the cities and county would be part of but the

13:41:43 ultimate decision on how to spend those funds and how

13:41:47 to do the projects are vested with the Hart board, so

13:41:50 they will have the authority to develop the plan, and




13:41:54 then the plan after potentially a public hearing, and

13:41:56 ultimately get those projects done.

13:42:03 There are a number of accountability provisions.

13:42:05 Each year, each of the parties that use the funds will

13:42:07 be required to prepare and distribute an accountability

13:42:11 report.

13:42:12 There will also be an Oversight Committee that is made

13:42:14 up of citizens with backgrounds in public sector

13:42:17 finance, private sector finance, and transportation

13:42:20 that will be appointed either by the city, three by

13:42:26 Tampa, three by Hart, three by Hillsborough County and

13:42:29 one each by Plant City and Temple Terrace.

13:42:32 There's also a provision to ensure that there is a

13:42:34 mechanism for regional connectivity.

13:42:38 Ultimately the goal is to have a regional system with

13:42:39 connections with other counties and other cities, and

13:42:44 there is in section 7 of the agreement, it provides for

13:42:46 that.

13:42:47 And then finally amendment or termination of the

13:42:50 agreement would only be done by all the parties.

13:42:56 Individual parties could not decide to opt out.

13:42:57 The only exception to that is that the 25%




13:43:00 distribution, which distributes funds between the

13:43:03 county and municipalities, the county and

13:43:05 municipalities can amend that without the consent of

13:43:09 Hart, as heart would not be affected by those changes.

13:43:11 So essentially those are the key elements of the

13:43:16 agreement.

13:43:16 If you have any questions, I would be happy to

13:43:17 entertain them at this time.

13:43:18 >>THOMAS SCOTT: Councilwoman Saul-Sena, then

13:43:25 Councilwoman Mulhern.

13:43:27 >>LINDA SAUL-SENA: At our MPO meeting the other day

13:43:29 some of the council members left early because of the

13:43:32 fire chief, but I made a motion and it was pad passed

13:43:35 unanimously by the MPO to support this transportation

13:43:38 funding.

13:43:39 The unanimous vote by the Hillsborough MPO which I

13:43:42 thought was very good.

13:43:46 >>> And I would Haute the Hart board already a proved

13:43:53 the agreement and I believe the other authorities will

13:43:54 shortly.

13:43:55 >>MARY MULHERN: I'm sorry.

13:43:59 I just had a chance to look at the agreement.




13:44:01 The citizen Oversight Committee, is that for the 75%

13:44:08 for the transit part?

13:44:09 >>> The whole --

13:44:10 >>MARY MULHERN: For everything?

13:44:12 >>> Yes.

13:44:15 >>MARY MULHERN: But will our 25% road and bridge

13:44:17 portion, do they have oversight over that, too?

13:44:23 >>CHARLES FLETCHER: The focus is on the transit piece,

13:44:24 and we would expect that to be their primary focus.

13:44:26 The reports are from all of the agencies.

13:44:30 >>MARY MULHERN: Okay.

13:44:30 So I'm wondering about the appointments.

13:44:41 >>> There are three by the City of Tampa.

13:44:43 >>MARY MULHERN: What does that mean?

13:44:44 Does the council appoint them or does the mayor?

13:44:49 >>> The cities appoint through their chief executives.

13:44:50 By the way this is written today by the mayor.

13:44:54 >>MARY MULHERN: Right.

13:44:55 You have achieve executive.

13:44:57 The county has a commission.

13:44:58 So the commission appoints theirs for their

13:45:02 administrator.




13:45:03 >>> I would have to look.

13:45:04 I believe that it's the executive, but I will refer to

13:45:09 that section.

13:45:14 >>MARY MULHERN: I don't know.

13:45:15 It would be nice if council could --

13:45:18 >>THOMAS SCOTT: In the past the commission made all

13:45:23 the appointments and the mayor would make it for the

13:45:24 City of Tampa and the executive for the other

13:45:25 municipalities.

13:45:25 The commission would make appointments.

13:45:27 >>> That's correct.

13:45:30 >>THOMAS SCOTT: I'm just telling you how it worked in

13:45:32 the past.

13:45:33 I don't know if they changed since I have been gone.

13:45:37 That's how it worked.

13:45:37 >>MARY MULHERN: I'm sorry, I don't understand, because

13:45:39 this is for the new referendum on transit.

13:45:46 >>THOMAS SCOTT: I understand that.

13:45:47 I thought your question was who appoints the

13:45:50 representatives, and wanted the county commission to do

13:45:54 the appointing for their three and I was saying --

13:45:57 >>MARY MULHERN: Oh, and the county.




13:45:59 >>THOMAS SCOTT: The county commission would make those

13:46:01 appointments.

13:46:02 >>MARY MULHERN: Then my question for us on council is

13:46:04 maybe the council could appoint one representative and

13:46:09 the mayor could appoint two or something.

13:46:14 We don't have any input on this.

13:46:15 I feel like we have been really, really removed from

13:46:18 this process, and it's going to -- we are going to be

13:46:22 creating -- and all the transportation.

13:46:29 >>> If I may offer.

13:46:31 For instance, item Temple Terrace, also this is through

13:46:35 set up through their chief executive.

13:46:38 My understanding is they are internally discussing

13:46:40 whether to by resolution, or create a different

13:46:43 appointment process, which is something certainly could

13:46:46 be done down the road.

13:46:48 We could internally construct how the appointments

13:46:50 would be made.

13:46:51 But this agreement has the municipality executives

13:46:56 appointed.

13:46:56 >>MARY MULHERN: Right.

13:46:58 That's why I am bringing it up.




13:47:00 I wanted to point out to council if there was anybody

13:47:02 else that council would like to have some input on

13:47:04 these appointments, I would support that.

13:47:06 >>THOMAS SCOTT: I believe, if I am not mistaken -- and

13:47:09 I stand to be corrected -- those appointments would

13:47:12 have to come through council, as has been done in the

13:47:14 past, the appointments that are made, generally vote

13:47:17 on, approved by council.

13:47:18 Am I mistaken on that?

13:47:20 >>> Some of them are.

13:47:25 Some of them are not.

13:47:26 I think it varies by the special acts.

13:47:28 >>JOHN DINGFELDER: On Ms. Mulhern's point, I think,

13:47:38 Chip, if you want to look at that by resolution.

13:47:41 I think sometimes the mayor appoints people.

13:47:44 Sometimes it comes to us for ratification before they

13:47:48 are formally placed on there.

13:47:49 And I think that might be the best approach.

13:47:51 The mayor can select them, whoever the mayor being down

13:47:56 the road, but that would be subject to council

13:47:58 ratification or approval.

13:48:00 I think that's reasonable.




13:48:02 Then the bigger picture, Madam Mayor, pleased you're

13:48:09 here today and pleased you are representing this to us.

13:48:12 As your representative on Hart I was pleased we

13:48:14 approved this unanimously for Monday and I believe it's

13:48:16 moving forward across all the jurisdictions.

13:48:19 As we were working on this over the last year or two I

13:48:23 think one of the most important things to the community

13:48:25 is fiscal and financial accountability.

13:48:27 And I'm very pleased that actually we are going to have

13:48:31 two different oversight committees that are going to be

13:48:34 watching the money, in addition to all the different

13:48:38 elected officials, and that would include the citizens

13:48:43 group, the citizens task force.

13:48:46 It's very important as well as the -- what is it

13:48:51 called, the Hart Finance Committee, which will be made

13:48:54 up of members of selected from various jurisdictions to

13:49:00 be looking over Hart's shoulder, because Hart will be

13:49:04 spending 75% of this money.

13:49:05 On buses and on the new rail system.

13:49:08 And the other thing I wanted to stress was the fact

13:49:10 that the third component of this, in addition to the

13:49:14 multimodal buses and rail is the fact that 25% of this




13:49:19 money that's going to amount to hundreds of millions of

13:49:22 dollars will be for road and intersection improvements.

13:49:25 And I think that gets lost in this discussion.

13:49:28 You know, we have talked about the transportation needs

13:49:31 in this community long before anybody ever started

13:49:35 talking about rail or what have you.

13:49:37 The transportation needs in this community include

13:49:40 roads and intersections.

13:49:42 And we are not forgetting about that.

13:49:44 And that will be hundreds of millions of dollars that

13:49:48 are going to be generated from this one penny sales tax

13:49:49 over 20 years.

13:49:50 And so I hope that the community gets that and

13:49:54 understands that as we move forward.

13:49:56 But I'm wholly in support of this.

13:49:59 Thank you, Madam Mayor.

13:50:01 >>THOMAS SCOTT: One clarification.

13:50:02 It's not over 20 years.

13:50:03 It's actually in perpetuity.

13:50:06 >>JOHN DINGFELDER: I was just saying the amount of

13:50:08 money, if we look at the small window.

13:50:10 >>THOMAS SCOTT: Thank you.




13:50:10 Councilwoman Mulhern.

13:50:13 >>MARY MULHERN: I don't feel like I need to approve

13:50:14 the mayor's appointees.

13:50:16 I would just like council to have some input, because I

13:50:20 feel like I don't want to take that away from the

13:50:22 mayor.

13:50:25 Whoever the mayor will be.

13:50:29 Especially because 75% of this is going toward transit

13:50:32 if it should pass.

13:50:35 The part that people are going to be voting to approve

13:50:38 is going to be in the City of Tampa.

13:50:39 So our citizens, our constituents, stand to gain from

13:50:48 this and to be effect affected by it.

13:50:51 I would just like council to have at least one

13:50:55 appointee but I'm done.

13:50:57 Otherwise, if I don't have any support for that, I

13:50:59 think I'm very thrilled with this.

13:51:02 I think it's great.

13:51:02 And I appreciate all the work that the mayor has put

13:51:05 into this, and that my colleagues have on Hart, and on

13:51:09 the MPO, and myself on the MPO.

13:51:11 And I think it's great news.




13:51:18 >>THOMAS SCOTT: Well, thank you, mayor, for being here.

13:51:22 And I think you put in a lot of work, a lot of hard

13:51:25 work, and of course we attended all the task force

13:51:30 meetings, have been at the workshops as well, but this

13:51:34 is in line with what you have been working hard on, and

13:51:37 with the other partners, and so I think to approve this

13:51:42 as is sends a message also to county commissioners we

13:51:45 want to move forward.

13:51:46 And so I will en