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TAMPA CITY COUNCIL

Thursday, August 26, 2010

9:00 a.m. session



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09:05:29 >>THOMAS SCOTT: Tampa City Council will now come to

09:05:31 order.

09:05:31 The chair will yield to Councilwoman Gwen Miller.

09:05:34 >>GWEN MILLER: It is my honor to introduce our to give

09:05:38 the invocation this morning, Ms. Desiree Valdes, soon

09:05:42 to be Desiree Monsicano.

09:05:49 We would like to say congratulations.

09:05:50 And of this is a fourth generation for the Tampa

09:05:54 native, a former legislative aide to the Tampa City

09:05:56 Council, with 15 years, past president neighborhood

09:06:03 president of Tampa Heights, and Desiree holds a special

09:06:08 place in our hearts in the City of Tampa, has devoted

09:06:11 countless volunteer hours, both personally and

09:06:15 professionally.

09:06:16 Desiree is currently a Hillsborough County employee and

09:06:19 a proud parishioner.

09:06:27 Would you please stand and remain standing for the

09:06:29 pledge of allegiance?

09:06:30 >> Desiree: Thank you, Councilwoman Miller and members

09:06:36 for inviting me to give this invocation.

09:06:38 Let us pray.

09:06:40 Dear Lord, as we stand here with humble hearts, we ask

09:06:43 for guidance for this council through the day's

09:06:47 proceedings.

09:06:48 Give them the strength and conviction of understanding

09:06:50 and reason as they are representing all the citizens of

09:06:54 Tampa in the decisions that they make.

09:06:57 Let them remember this, first and foremost when

09:07:01 counting votes, for the goodness of others from their

09:07:06 heart.

09:07:07 Father, may everyone here who enters this chamber be

09:07:10 blessed with integrity and patience and for our

09:07:13 everyday heroes, our firemen and policemen, those near

09:07:17 and far standing true for our freedom, may God be with

09:07:20 them always.

09:07:21 For this we pray in your name.

09:07:23 Amen.

09:07:23 (Pledge of Allegiance).

09:07:42 >>THOMAS SCOTT: Roll call.

09:07:43 >>JOSEPH P. CAETANO: Here.

09:07:46 >>YVONNE CAPIN: Here.

09:07:46 >>GWEN MILLER: Here.

09:07:47 >>CHARLIE MIRANDA: Here.

09:07:50 >>CURTIS STOKES: Here.

09:07:51 >>THOMAS SCOTT: Here.

09:07:53 >>THOMAS SCOTT: We will now have Councilwoman Miller

09:07:57 for our first presentation.

09:07:58 >>THOMAS SCOTT: It's my honor to honor our Officer of

09:08:12 the Month.

09:08:13 And our Officer of the Month is officer Chris Celaya.

09:08:20 And I am going to turn it over to the chief Castor and

09:08:25 she's going to tell you about our Officer of the Month.

09:08:27 >> Chief Castor: It's again my pleasure to bring you

09:08:31 one of Tampa's finest and that's something to be said

09:08:34 for such a great organization.

09:08:37 He's a member of rock squad which stands for rapid

09:08:40 offender control program that we started at the

09:08:44 beginning of this year and it's been successful.

09:08:47 And the ROC program is based on offender control,

09:08:53 knowledge of the offenders in your area and knowledge

09:08:55 of the -- that occurs in your assigned area, and also

09:09:01 urgent follow-up on crime.

09:09:03 I'll give you some examples.

09:09:04 Just in the last 30 days of bring brings officer Celaya

09:09:14 to stand above a lot of office IRS in the department.

09:09:17 Officer Celaya in the last month was patrolling in his

09:09:20 area of responsibility, and he saw two individuals that

09:09:23 he knew to be known burglars, and they were actually in

09:09:27 an area that had suffered some residential and auto

09:09:30 burglary during the last few days.

09:09:32 He set up mobile surveillance, watched these two

09:09:35 individuals, one brother stood as a lookout as the

09:09:38 other ooh PS oops went into the SoHo apartments in the

09:09:41 south end of Tampa.

09:09:43 He emerged from the apartments a short time later with

09:09:45 a bike that didn't belong to him.

09:09:47 So officer Celaya engaged, tried to stop him, got into

09:09:51 a foot pursuit, ended up capturing both of them, found

09:09:54 out that they had committed a burglary, gone into

09:09:57 someone's apartment and taken this bicycle.

09:10:00 And obviously we found those weren't the only crimes

09:10:03 that they had done.

09:10:04 The bicycle was returned to the owner before they even

09:10:07 knew they were a victim of a burglary.

09:10:10 Later in that same day, he saw another individual that

09:10:12 he knew was a known criminal riding a bicycle in the

09:10:16 area.

09:10:16 He set up mobile surveillance, watched him go into a

09:10:20 local Publix store, came out with two bags of meat.

09:10:24 He did a traffic stop on this individual.

09:10:27 The individual fled from him. He was able to run him

09:10:29 down, capture him and found everything in the Publix

09:10:33 bags had been stolen from the local supermarket.

09:10:37 This individual had been arrested so many times for

09:10:39 shoplifting, for petit theft and misdemeanor, that the

09:10:44 count he was arrested on was actually a felony.

09:10:50 So he took another felon off the street.

09:10:52 There was an overnight commercial burglary.

09:10:56 As he was doing follow-up investigation on that he

09:10:58 heard a call go out which was domestic related where an

09:11:02 individual had vandalized his girlfriend's car.

09:11:05 He responded over to that call to see if he could

09:11:07 assist, and in interviewing the victim, she

09:11:11 incriminated her boyfriend in this overnight burglary.

09:11:15 He met up with the detectives that were investigating

09:11:17 it.

09:11:18 As a result of the information that he relayed to

09:11:20 search -- two search warrants were served, all the

09:11:23 property was recovered, and two arrests were made in

09:11:25 that commercial burglary.

09:11:28 And this is just an example of him going above and

09:11:31 beyond.

09:11:31 He investigated another investigation on another

09:11:34 residential burglary in which an Xbox was stolen.

09:11:38 The owner did not have the serial number of that Xbox

09:11:41 system which frequently those types of electronic toys

09:11:44 are frequently pawned.

09:11:46 Officer Celaya took it upon himself to call the

09:11:49 manufacturer and get the serial number, enter that into




09:11:52 the system so if we came upon that system, it would

09:11:55 take us back to the individual that committed that

09:11:58 burglary.

09:11:58 So he has just done an amazing job.

09:12:02 And he is one of the reasons that we have been so

09:12:04 successful in our crime reduction this year.

09:12:07 We set a goal for 2010 of a 5% reduction and we are

09:12:12 over 10% reduction so far this year, and it's because

09:12:14 of officers like Chris Celaya that we have been so

09:12:19 successful.

09:12:20 So we are very proud to name him as our Officer of the

09:12:23 Month.

09:12:26 [ Applause ]

09:12:34 >>GWEN MILLER: I would like the to give you this

09:12:36 commendation on behalf of the City Council and for all

09:12:39 those things just read by the chief.

09:12:42 At this time we have some gifts for you starting from

09:12:50 Charley's steakhouse.

09:12:51 >> Danny Lewis from Bill Currie Ford.

09:12:57 I'm proud to present you this watch as a small token of

09:13:01 appreciation from Bill Currie Ford.

09:13:05 And I hope you are assigned to our rapid area soon.




09:13:08 [ Laughter ]

09:13:13 >> Tampa PBA.

09:13:16 Congratulations from the Tampa PBA, a $100 gift card to

09:13:24 Lee Roy Selmon.

09:13:24 >> Steve Stickley representing Stepp's towing, Jim and

09:13:29 Judy Stepp.

09:13:30 We would like to present this statue for a job well

09:13:34 done.

09:13:35 We appreciate it.

09:13:35 We also have a gift certificate to Lee Roy Selmon's.

09:13:39 Thank you very much. If you are ever in South Tampa,

09:13:42 come by and say hi.

09:13:49 >> Good morning.

09:13:50 You are going to have some places to go to.

09:13:53 You can stop there and eat.

09:13:59 Spend some time, because Bern's is going to take you a

09:14:02 little while.

09:14:03 So you can enjoy Bern's.

09:14:05 That's on behalf of David Laxer.

09:14:08 On behalf of Bryn Allen studios, they are providing you

09:14:11 with $100 gift certificate.

09:14:13 You can have your photos taken with you and your




09:14:16 family.

09:14:16 On behalf of Rigatoni, dinnertime or whenever you would

09:14:20 like, have lunch or dinner of your choice.

09:14:24 Congratulations.

09:14:24 >> Last but not least, the flowers are not for you but

09:14:36 for your significant other.

09:14:37 >> I'm Diane wood.

09:14:44 I have been a manager for David Straz, Jr., and we have

09:14:50 four tickets for you to come and enjoy the show at the

09:14:54 Straz center.

09:14:55 Thank you so much for your service.

09:14:56 >> I would like to say thank you very much, City

09:15:05 Council members, and members of the community, for

09:15:08 these wonderful gifts.

09:15:11 Definitely going to get some use out of them.

09:15:13 My wife and I's anniversary is tomorrow.

09:15:17 So those flowers and all the great places to go eat.

09:15:21 I would also like to thank Chief Castor, major

09:15:26 Ruggiero, captain Kakowski and their staff that I

09:15:34 worked for, for district one for providing us with

09:15:36 great leadership, and to do our day to day operations,

09:15:40 and really good people.




09:15:43 And those who I work with, most of them are out there

09:15:48 now working but my immediate supervisor, a great

09:15:54 supervisor, great group of guys that I work with.

09:15:57 I have a lot of fun at work, and they are just a great

09:16:00 group of guys, teamwork.

09:16:04 I wouldn't do many of these catches if it wasn't for

09:16:07 the rest of the guys I work with.

09:16:08 I would also like to thank my family for being here, my

09:16:14 cousins, my uncle back there, my mom, two little

09:16:17 babies, 14 month olds.

09:16:20 My wife has the hard job.

09:16:22 She has to stay at home and be with them all day long.

09:16:26 But I'm really appreciative of this and thank you for

09:16:29 this honor.

09:16:30 [ Applause ]

09:16:43 >>THOMAS SCOTT: Congratulations.

09:16:44 Thank you.

09:16:49 At this time the chair will yield to Councilwoman Mary

09:16:56 Mulhern.

09:17:11 >>MARY MULHERN: Good morning, Tampa and Tampa City

09:17:12 Council.

09:17:13 I have the honor, unfortunately a little bit early, to




09:17:17 have to give a commendation to a champion for the

09:17:26 citizens of Tampa, of so many great causes that I am

09:17:30 going to have to read, which I normally just wing it,

09:17:33 but I am going to have to read about the accomplishment

09:17:36 and the career of Linda Saul-Sena in the City of Tampa.

09:17:42 She's a third or fourth generation Tampa native who has

09:17:46 spent all of her professional career promoting Tampa

09:17:52 and the city of Florida.

09:17:56 -- the State of Florida.

09:17:58 She's a rare combination of heart and smart that we are

09:18:00 so, so fortunate to have representing us and taking on

09:18:05 the responsibility of being an elected public official.

09:18:10 So Linda, please come up.

09:18:13 And I know that Councilwoman Miller always says we

09:18:21 don't need to read this but I think today it's very

09:18:23 important that are I read all of this because I would

09:18:25 never be able to remember and I am going to read to you

09:18:28 about Linda Saul-Sena.

09:18:29 As an elected official, Linda was involved in urban

09:18:32 planning, transportation, the art, protection of the

09:18:35 environment and sustainability, attending Tulane

09:18:38 university created her interest in historic




09:18:40 preservation.

09:18:41 She served on the preservation round table, Public Art

09:18:43 Committee, Tourist Development Council, livable

09:18:46 roadways committee, which she founded, river round

09:18:49 table which she was involved in founding, the arts

09:18:52 council -- probably had something to do with that, I

09:18:56 don't know -- Tampa Bay estuary board, Tampa Theatre

09:18:59 board and as a council member Linda's public service

09:19:03 initiatives included the development, naming and plan

09:19:07 for the Channel District, plan for West Tampa,

09:19:10 development of the tree ordinance, the strategy and

09:19:12 support of the streetcar and light rail plan.

09:19:15 She also initiated a 12-year effort to underground

09:19:20 utility, the throughway for Sulphur Springs tower park,

09:19:24 the redevelopment with an overlay plan, and Florida

09:19:27 Department of Transportation improvements at Kennedy

09:19:29 Boulevard and the creation of the cafe ordinance.

09:19:31 Is that all?

09:19:32 Oh, wait.

09:19:33 Professionally, Linda wrote neighborhood plans, zoning

09:19:37 recommendations for the Tampa, Hillsborough County

09:19:39 Planning Commission from '75 to 1979, served as staff




09:19:44 for the came Raj multi cultural center and was the

09:19:47 program director for the national endowment of the

09:19:50 arts, architects and pools program in Philadelphia from

09:19:53 1980 to 1981.

09:19:56 That sounds something like you have got to get working

09:19:59 on for Tampa because we don't have that yet.

09:20:00 She served as the director for the Tampa community

09:20:02 design center from 1981 to 1982 and the marketing

09:20:06 director for the Tampa Museum of Art from 1982 to 1986.

09:20:11 Linda has received awards from the AIA, award of merit

09:20:16 for the city, black affairs, Florida chapter of the

09:20:21 American planning association for the elected official

09:20:23 awardee 2006, the greater Tampa Chamber of Commerce

09:20:27 cultural contributor.

09:20:29 Year, the AIA Bob Graham architectural awareness award

09:20:33 for 2007, member of leadership Florida classes 27, and

09:20:40 is the recipient of the Tampa Bay Sierra Club's

09:20:44 prestigious black fair award, the group's highest

09:20:48 honor.

09:20:48 Tampa native, Linda originated the Ybor City ghost

09:20:53 walk, to share her enthusiasm for local history.

09:20:56 Linda and her husband mark have two daughters.




09:21:01 Reading that, I realize that if you look at our very

09:21:05 long agenda today, there's very little on there that

09:21:08 Linda hasn't had a hand in.

09:21:11 And in the month or two that she had to resign, she's

09:21:17 been gone from her term, her elected term, we have

09:21:21 really missed her.

09:21:22 And it's really causing me to do a lot more work.

09:21:29 So Linda, thank you for everything.

09:21:31 We miss you.

09:21:32 And wish you the greatest luck in your next endeavor.

09:21:38 And Hillsborough County will be very, very, very lucky

09:21:41 to have you should you win your next election.

09:21:48 [ Applause ]

09:21:51 >> Linda Saul-Sena: Thank you.

09:21:57 I am so pleased to be here and I miss you all so much.

09:22:00 Serving on Tampa City Council for five 4-year terms,

09:22:04 four of them city-wide, was a tremendous opportunity to

09:22:07 serve the community.

09:22:09 And I feel like what we all do is a collaboration.

09:22:13 It's a creative collaboration between the public and

09:22:16 their needs and wants, the press to get the word out,

09:22:21 the administration, and particularly the people who




09:22:23 work in the city.

09:22:25 In every department this was always somebody you could

09:22:27 find who really was engaged and alive and worked super

09:22:32 hard.

09:22:33 And that was the person that you work with, and then

09:22:35 the neighborhood, and then you all, my colleagues on

09:22:38 Tampa City Council.

09:22:38 I miss each and he have one of you.

09:22:41 He have one of you serve because we all have different

09:22:44 passions and we bring that to our service, and it's so

09:22:48 much fun when we are able to accomplish good things for

09:22:50 our community.

09:22:52 As I look around, I can see the many things we have

09:22:54 been able to accomplish, and I see the many things that

09:22:57 are yet to do.

09:22:58 And there is one thing that I wanted to really share

09:23:01 with you today.

09:23:02 Years ago when I was on City Council, I wanted to

09:23:05 have -- I wanted to rename Buffalo Avenue in honor of

09:23:09 Dr. Martin Luther King, and I thought this was more

09:23:12 likely to happen politically if the city could do it

09:23:14 collaboratively with the county.




09:23:16 So in those days Jan Platt who have started on City

09:23:19 Council but then was on the county commission, and I

09:23:22 got together and said, let's have this joint meeting.

09:23:24 And the chairman of council at that time said, no, we

09:23:26 can't do that.

09:23:27 And I said, why?

09:23:28 He said, because Nevada we have never done that before.

09:23:32 Well, I say to you that is a ridiculous reason for not

09:23:34 doing anything.

09:23:35 And obviously we had the meeting.

09:23:37 We were successful.

09:23:38 The street was renamed.

09:23:40 And I think it is important to show that we are moving

09:23:43 ahead.

09:23:44 As we move ahead with limited resources, and tremendous

09:23:48 challenges, and great opportunities in this beautiful

09:23:51 community that we all love, I say don't ever use the

09:23:54 reason we can't do that because we have never done it

09:23:58 before as any kind of an excuse.

09:23:59 We have to be creative and inspired and hard working

09:24:05 now more than ever, and I'm absolutely confident of

09:24:08 what we can accomplish.




09:24:10 So thank you for this recognition today.

09:24:12 I miss you all and I'm trying to get public access to

09:24:15 allow us to do a retrospective on every council member

09:24:19 when they leave council so that you all don't Vermont

09:24:21 to sit there and listen to 24 years of remembrances.

09:24:27 Thank you.

09:24:28 >>THOMAS SCOTT: Thank you.

09:24:29 [ Applause ]

09:24:48 >> And I would like to have Rhonda smalls to come out

09:24:51 here.

09:24:51 Rhonda and I have worked together for so many, so many

09:24:55 years.

09:24:55 She has been a great assistant and actually a sister

09:24:59 and I would like her to be in this photograph if she

09:25:01 could come out real fast.

09:25:07 >>THOMAS SCOTT: Well, let me just say while you all

09:25:12 are taking pictures, certainly we want to again thank

09:25:17 you Councilwoman Saul-Sena and councilman Dingfelder

09:25:21 who is not here today -- we are still in session --

09:25:25 thank you today for again being here, and much success

09:25:31 on your future venture and endeavor.

09:25:34 You have served this community well.




09:25:39 That speaks to the fact that you served some 20-plus

09:25:42 years for City Council, and the approval, or should I

09:25:49 say the vote of the City of Tampa to return you to

09:25:55 Tampa City Council speaks well of your integrity,

09:25:58 speaks well of all the things you have accomplished in

09:26:00 this city, speaks well about you as a person.

09:26:03 So again thank you very much for your many years of

09:26:05 service on behalf of Tampa City Council, and all

09:26:08 340,000 resident of the City of Tampa.

09:26:12 Thank you for over 20 years of service to this city.

09:26:14 >>> Thank you, Chairman Scott.

09:26:19 Thank all of you.

09:26:20 [ Applause ]

09:26:24 >>THOMAS SCOTT: Any other comments by any other

09:26:26 council members?

09:26:26 Feel free at this time.

09:26:27 If not, we need to approve the minutes.

09:26:30 >>CHARLIE MIRANDA: So moved.

09:26:33 >> Second.

09:26:35 >>THOMAS SCOTT: All in favor?

09:26:35 Opposes?

09:26:36 Now we will have a review of our agenda.




09:26:38 Before we do have that, councilman John Dingfelder who

09:26:42 was scheduled to be here today sent an e-mail memo and

09:26:47 requesting he be scheduled for October, because of a

09:26:51 conflict that he had for this morning.

09:26:53 So do we have to take that by motion?

09:26:57 >>MARTIN SHELBY: You can set it on the agenda as part

09:26:58 of the approval of the addendum, the date being

09:27:03 requested --

09:27:04 >>THOMAS SCOTT: October 14th is the date.

09:27:07 October 14th.

09:27:12 >>GWEN MILLER: Is that when we do commendations?

09:27:18 >>MARTIN SHELBY: October 14th is a workshop day.

09:27:20 >>THOMAS SCOTT: Okay.

09:27:24 In discussing it with my aid, I understand that was the

09:27:27 only date we could do it was October 14th.

09:27:31 That's what I was informed of.

09:27:35 Is there a motion to that effect?

09:27:37 >>MARY MULHERN: Are we just going to add it to the

09:27:39 agenda changes?

09:27:40 I'll move to schedule that for the 14th.

09:27:43 >> Second.

09:27:46 >>THOMAS SCOTT: All in favor?




09:27:47 Opposes?

09:27:48 We'll review the agenda at this time, Mr. Shelby.

09:27:50 >>MARTIN SHELBY: Before you, you have the addendum to

09:27:53 a very hefty agenda.

09:27:57 You have taken care of item 2 to October 14th.

09:28:01 Item 92 is to be removed from the agenda, making

09:28:07 changes relative to community gardens since the council

09:28:10 adopted a motion on August 12th, to include some

09:28:13 amendments in the next cycle.

09:28:15 Item 93 was a motion also on August 12th, deny that

09:28:22 code amendment on chapter 27, number 93.

09:28:25 So that is to be removed from the agenda.

09:28:27 Item 101 was also denied on August 12th, and therefore

09:28:31 item 101 was advertised for today would have to be

09:28:35 removed from the agenda.

09:28:37 Item 102 will have to be taken up at 9:30 when we get

09:28:43 to it to take it in order just so it will be to

09:28:47 September 23rd to be heard in conjunction with the

09:28:49 second reading and adoption of the ordinance.

09:28:51 Item 103, bringing to council's attention now that

09:28:58 there's been a motion -- excuse me, a memorandum that

09:29:02 has been received on that and there's a recommendation




09:29:06 to schedule a public hearing for October 14th that

09:29:08 will be taken up at that time.

09:29:10 Item 104 is a request from Brad Baird of the water

09:29:17 department regarding the outsourcing of some processes

09:29:24 to be rescheduled to October 7th of 2010.

09:29:28 So if that can be made part of the motion.

09:29:31 Item 118 is set for 1:30, and so is item 119 set for

09:29:38 1:30.

09:29:39 We have to take it up at that time, but just to inform

09:29:41 the public in case there is any interest in coming to

09:29:45 council, there is an appeal hearing regarding the

09:29:49 petition of Nicole Ann DeBartolo relative to 5138 and

09:29:54 5140 west Longfellow Avenue.

09:29:58 The request is to have that appeal withdrawn.

09:30:00 So item 118 will not be heard.

09:30:03 Likewise, item 119 is a continued appeal hearing on a

09:30:08 decision of the ARC.

09:30:11 And that involved the historic property tax exemption.

09:30:16 That is also a request that that petition be withdrawn.

09:30:21 Council, there's been a request by Mr. Michelini on

09:30:26 item 63 -- 64?

09:30:31 Item 64.




09:30:32 And that is to set a hearing by council consent, and it

09:30:37 is presently scheduled an appeal of the VRB to October

09:30:42 7th of 2010 at 1:30 and I believe Mr. Michelini is

09:30:46 requesting that date be changed to another date.

09:30:50 A November date?

09:30:52 >>STEVE MICHELINI: We are respectfully requesting that

09:30:53 be heard in November and not in October.

09:30:55 >>MARTIN SHELBY: The opportunity would be to hear that

09:30:58 in the afternoon of November 4th at 1:30 in the

09:31:03 afternoon as a possibility, if that meets with

09:31:05 council's approval and the petitioner.

09:31:07 Does that meet with your approvals?

09:31:11 So the request then is number 64, madam clerk, to

09:31:15 change that date to November 4th, 2010 at 1:30 in

09:31:20 the afternoon.

09:31:22 Also, council, item 98 is a request to substitute the

09:31:31 legal description that is currently attached to the

09:31:35 ordinance, relative to the Seminole Heights area

09:31:39 rezoning, to replace the legal description of 85

09:31:43 pages -- excuse me, to replace 99 Pinellas with the

09:31:49 85-page substitution.

09:31:51 Last week, council -- and this is a reminder to the




09:31:54 public -- anything that is scheduled for staff reports

09:31:56 such as item number 108, anybody who wishes to talk to

09:32:01 anything relative to staff reports, those are not

09:32:03 public hearings, and --

09:32:06 >>THOMAS SCOTT: Mr. Shelby, 108, the city attorney may

09:32:09 want to speak, that item has been removed.

09:32:12 They requested it be removed from the agenda.

09:32:14 >>MARTIN SHELBY: Oh, that didn't make the agenda?

09:32:17 >>MARTIN SHELBY: That's why I want to raise a question

09:32:19 about that, Mr. Fletcher, because I got a call last

09:32:22 night about 7:00 that it had been removed and that's

09:32:24 the first I heard of it.

09:32:26 Do you want to kind of bring us up to speed what's

09:32:28 going on here?

09:32:29 >>CHARLES FLETCHER: Mr. Chairman, Chip Fletcher, city

09:32:33 attorney.

09:32:33 Based on some of the comments and discussions from

09:32:37 council the last time this came up, I have been

09:32:39 expecting additional documentation from the property

09:32:43 owner on this issue.

09:32:44 I have not received that at this point.

09:32:46 I'm not sure when I am going to receive that.




09:32:48 So at this point I thought the prudent action was to

09:32:51 withdraw it rather than to continue it.

09:32:55 >>THOMAS SCOTT: Okay.

09:32:55 Thank you.

09:32:55 >>MARTIN SHELBY: On the basis of that, then the

09:32:59 request from the legal department is to have that item

09:33:02 removed from the agenda rather than a continuance.

09:33:04 >>THOMAS SCOTT: The item on 108.

09:33:10 >>MARTIN SHELBY: So the public knows about that, it

09:33:12 was discussion of the of the Kress properties, Kress

09:33:22 square and the like regarding the memo of

09:33:24 understanding.

09:33:25 That headquarter said, Mr. Chairman, I believe that

09:33:26 is -- that is the addendum.

09:33:34 And I submit this agenda for council's approval.

09:33:38 >>THOMAS SCOTT: We'll receive a motion and second in a

09:33:41 moment.

09:33:41 On 108 when it comes back I would suggest that all the

09:33:44 council go back and get the minutes from the meeting

09:33:47 when that was voted upon.

09:33:48 It's my understanding that council vote for that to be

09:33:52 a historical building but it was rescinded.




09:33:54 So I think the minutes would really help us a lot from

09:33:57 that meeting because all of us are relatively new other

09:34:01 than Councilwoman Miller so that we can gather the

09:34:04 intent of at that time of what happened.

09:34:07 I just discovered that in conversation with our

09:34:11 attorney yesterday.

09:34:12 So I think it will be helpful if this should come back

09:34:17 that we have the minutes from the discussion of that

09:34:18 meeting, where we vote upon, and that kind of gives us

09:34:22 a little more information.

09:34:26 >>CHARLIE MIRANDA: I want to ask the legal department,

09:34:27 in reading some of these document, there was a motion

09:34:30 by council member that that be half a million dollars

09:34:38 that the developer pay to the city, something to my

09:34:41 knowledge has never been done before or may be done

09:34:43 once or twice.

09:34:44 I think that's a sticking points in the negotiations

09:34:47 and I think that's a legal point that Mr. Fletcher is

09:34:49 going to have to address sooner or later either here or

09:34:53 in a court of law.

09:34:54 >>CHARLES FLETCHER: Would you like me to speak to

09:34:57 that?




09:34:57 At the time the plan development was approved, as you

09:34:59 all will recall there was a plan development and then

09:35:02 subsequent action by the historic preservation

09:35:04 commission.

09:35:05 There was a handwritten additional note on the plan

09:35:09 that an additional 500,000 be paid for transportation

09:35:14 improvements.

09:35:14 Our office reviewed that.

09:35:17 There was no rational basis or ordinance basis for that

09:35:20 additional note, and we have already provided in

09:35:22 writing to the property owner a statement that the city

09:35:25 will not be seeking to enforce that condition.

09:35:29 That was outside the scope of what council had the

09:35:32 authority to require as part of that approval.

09:35:33 >>THOMAS SCOTT: Councilwoman Mulhern.

09:35:41 >>MARY MULHERN: Thank you.

09:35:41 I appreciate councilman Miranda bringing up that point

09:35:44 because were we to have heard this today and discussed

09:35:48 it, that was really a red herring because our city

09:35:53 attorney had already dispose of that requirement.

09:35:56 So it shouldn't have even been considered with anything

09:36:01 to do with historic preservation designation.




09:36:07 I just have to say that, in case anyone thinks that

09:36:11 people on council don't work for our money, I am going

09:36:15 to show you all of the backup I had for today's

09:36:18 meeting.

09:36:20 And between the two appeal hearings and this item,

09:36:24 which were removed from the agenda, I had to spend

09:36:27 about 20 hours just this week on research and

09:36:30 discussion and reading.

09:36:33 And I'm not sure why -- I got the e-mail canceling --

09:36:39 or asking to withdraw item 108 at 5:02 last night,

09:36:44 which, you know, I normally stay online, but I don't

09:36:49 know that everyone else does, or should be expected to

09:36:53 do that.

09:36:54 But considering that it's a huge contingent of Tampa's

09:36:59 community was going to be here this morning, that late

09:37:02 removal, I think, is disrespectful of the citizens, the

09:37:07 history of Tampa, and City Council.

09:37:10 And as far as the two appeal hearings go, I spent about

09:37:15 four hours watching the ARC and the Historic

09:37:20 Preservation Commission tape of that, and I just would

09:37:27 appreciate in the future if our legal department would

09:37:30 work with the petitioners to not put us in this




09:37:34 position.

09:37:35 There are a lot of important decisions that we have to

09:37:38 make, especially on an agenda with more than 100 items.

09:37:44 We shouldn't find out after the close of the working

09:37:47 day before every two weeks regular council meeting, the

09:37:53 things that we spent a lot of time in the public.

09:37:56 I mean, our constituents have spent much, much, much

09:37:59 time on a lot of these issues.

09:38:01 And I would like to see a little more respect given to

09:38:06 the constituents, and to council.

09:38:08 >>THOMAS SCOTT: Okay, Mr. Fletcher, one thing, I guess

09:38:15 I need to raise a question, in that -- we haven't

09:38:19 approved the agenda yet either -- in that the item 108,

09:38:25 the $500,000 was placed as a part of the memo of

09:38:30 understanding, it is my understanding --

09:38:34 >>CHARLES FLETCHER: Let me clarify that.

09:38:35 It's not referenced in any of the documentation I will

09:38:39 provide to you.

09:38:40 That's a separate item, I'm not sure how it came to

09:38:43 council's attention, because council doesn't need to

09:38:45 act on that.

09:38:46 >>THOMAS SCOTT: So it was not part of the memorandum




09:38:48 of understanding?

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

09:38:51 >>THOMAS SCOTT: So how did it --

09:38:56 >>CHARLES FLETCHER: I'm not sure how it came into part

09:38:58 of this discussion.

09:38:59 >>THOMAS SCOTT: Well, we have a problem, because I

09:39:08 have memorandums from the fact there was $500 that you

09:39:13 attached and associate associated with that, and you

09:39:16 cannot find anything in your documentation relative to

09:39:18 that?

09:39:19 >>CHARLES FLETCHER: No, I'm sorry, Mr. Chairman, the

09:39:22 Kress approval process got very complicated.

09:39:24 There was a planned development in 2005.

09:39:27 There was a note, handwritten note placed on that plan.

09:39:32 And the way our approvals work all the requirements on

09:39:34 the projects are included in the plans.

09:39:37 That handwritten note was the additional $500,000.

09:39:43 That was the part that was done in 2005.

09:39:46 The settlement agreement and the request to terminate

09:39:51 that was just related to the facades of the buildings.

09:39:58 As the property owner went through what I viewed as

09:40:01 their due diligence process, one of the requests we got




09:40:04 was an opinion on that $500,000 that was back in April.

09:40:08 We provided that, and from my view that was resolved.

09:40:14 There were two relevant cases on point on that issue.

09:40:18 And in my view that issue is resolved.

09:40:21 The separate issue is the request of the property owner

09:40:23 to remove or terminate the facades settlement

09:40:29 agreements, and that's what's before you today before

09:40:31 it was withdrawn.

09:40:33 >>THOMAS SCOTT: Okay.

09:40:33 >>MARTIN SHELBY: I'll discuss this with Mr. Fletcher

09:40:38 privately, but I guess my concern would be about that

09:40:40 $500,000 note being placed on the site plan, and

09:40:44 whether procedurally that being placed on the site plan

09:40:47 by council, how it comes to be removed, whether that's

09:40:50 the purview of the administration or the purview of

09:40:53 City Council to be able to correct that.

09:40:54 I don't disagree with your conclusion, but we'll talk

09:40:58 about that.

09:40:58 I just want to be straight.

09:41:00 >> I'm trying not to make a big issue.

09:41:02 It was done at the time over the objection of the legal

09:41:04 department.




09:41:05 So there are certain constraints within which we can

09:41:08 act.

09:41:08 And in terms of being outside those constraints.

09:41:13 >>THOMAS SCOTT: In other words, council was advised by

09:41:15 legal not to place that in there, and it got put in

09:41:19 there any way.

09:41:20 >>CHARLIE MIRANDA: I'm sure there's tapes of that

09:41:23 thing.

09:41:24 There's records of that thing in the clerk's office.

09:41:29 I think we are beating this horse to death.

09:41:32 You can find that out real quickly by playing the

09:41:35 tapes.

09:41:36 I know but I am not going to tell you.

09:41:38 I want to leave you in suspense.

09:41:39 >>THOMAS SCOTT: Councilwoman Capin?

09:41:44 Okay, a motion to approve the agenda, the changes.

09:41:47 >> So moved.

09:41:49 >> Second.

09:41:49 >>GWEN MILLER: All in favor?

09:41:51 Opposes?

09:41:51 Okay.

09:41:52 Thank you very much.




09:41:54 At this time we'll take public comment.

09:41:55 We have set aside 30 minutes to hear from the public.

09:41:59 We will take items first on the agenda.

09:42:04 If you want to speak first to items on the agenda,

09:42:07 state your name and address and what item you are

09:42:09 speaking to on the agenda, whatever time remaining.

09:42:12 Then you may speak to any other items.

09:42:14 >> Ellen brown.

09:42:17 I want to speak on agenda number 109.

09:42:20 And that's relative to the changing of the metered

09:42:27 parking to multiple meters.

09:42:31 My husband and I own the book company located at 507

09:42:35 North Tampa Street.

09:42:37 For 15 years we had a retail book store there and we

09:42:46 are very aware of the need for improving the parking

09:42:48 situation in downtown Tampa.

09:42:50 And throughout the city.

09:42:51 And I strongly support the change to the multiple sites

09:42:57 meter whereby people will not have to panic because

09:43:01 they don't have quarters in their pocket, they won't

09:43:04 feel harassed by the meter maids or meter men that

09:43:08 catch them one minute before their meter runs out.




09:43:11 Certainly it is a very modern, contemporary and

09:43:15 important improvement to the parking situation in

09:43:17 downtown Tampa.

09:43:19 The only other thing I have to say is when we were on a

09:43:21 vacation in France, in a small medieval town, five

09:43:28 years ago they had that system and it was very

09:43:31 welcoming to visitors, to tourists and people who live

09:43:35 there to be able to have the ability to use a charge

09:43:37 card and know what we are doing in downtown.

09:43:40 I urge you to support that change.

09:43:42 >>THOMAS SCOTT: Thank you very much.

09:43:42 Next speaker.

09:43:44 Next speaker.

09:43:46 Anybody else?

09:43:46 >> Good morning.

09:43:52 I'm Christine Burdick with the Tampa downtown

09:43:55 partnership.

09:43:55 I would like to reiterate Ellen's support for the

09:43:58 multi-space meters.

09:44:00 This is something that's been researched for about five

09:44:02 years, and as you heard by the merchants and people who

09:44:08 open new restaurants and new retail stores, and it will




09:44:11 really put a level of convenience in downtown that we

09:44:14 haven't even joyed so far.

09:44:17 It's something that is a newer technology.

09:44:21 We are growing.

09:44:22 And we hope that you can understand it better today,

09:44:26 and support it.

09:44:27 Thank you.

09:44:28 >>THOMAS SCOTT: Thank you very much.

09:44:28 Next speaker.

09:44:29 >> Rebecca Johns, McFarland Ferguson, here regarding

09:44:40 agenda item 103 which is rezoning 09-21.

09:44:45 I represent Jim and a Natalie gad win who live at 3306

09:44:48 west Lykes Avenue.

09:44:49 They are adjacent to the property, the subject of the

09:44:53 rezoning.

09:44:54 They ask that you reject the special magistrate's

09:44:57 recommendation that your decision unfairly or

09:45:00 unreasonably burdens the petitioners' property and they

09:45:04 also ask that you reject the special magistrate's

09:45:06 recommendation that you hear the proposal for your

09:45:12 revised site plan.

09:45:14 The Goodwins believe your decision was based on




09:45:17 competent evidence.

09:45:18 The neighbors demonstrated the character of the

09:45:20 neighborhood and the lack of comparable zoning at the

09:45:23 hearing.

09:45:23 The neighbors also demonstrated the intent of the city

09:45:27 to preserve that neighborhood including the existing

09:45:30 zoning.

09:45:31 Council went through an exhaustive analysis of the PD

09:45:34 requirements and section 27-321 of the code, and

09:45:37 council rejected the PD.

09:45:40 The Goodwins feel that council received and considered

09:45:43 substantial competent evidence in reaching the decision

09:45:46 to deny the rezoning.

09:45:48 They also object to the modified site plan because the

09:45:50 same objection to the original site plans will apply to

09:45:54 the modified site plan.

09:45:56 It will still require a rezoning that is consistent

09:46:02 with the neighborhood.

09:46:05 >>CHARLIE MIRANDA: I know you are a competent attorney,

09:46:09 very well written throughout the company, and I have a

09:46:16 responsibility to over 300,000 people in the City of

09:46:17 Tampa.




09:46:18 If we were to reject this and get sued, which more than

09:46:22 likely we will, will you and your client be amenable to

09:46:26 taking over the debt that we may incur if it goes to

09:46:30 court?

09:46:32 >>> Remember I only represent one property owner.

09:46:37 >>CHARLIE MIRANDA: I understand.

09:46:37 And I have nothing against the property owner.

09:46:40 I'm just trying to relieve the taxpayers of an undue

09:46:43 burden possibly.

09:46:44 >>> If there is a city policy that requires opponents

09:46:49 of a rezoning to compensate the city, then of course

09:46:51 the property owner would do that.

09:46:54 >>CHARLIE MIRANDA: There is not that I know of but you

09:46:56 gave me a great idea.

09:46:58 [ Laughter ]

09:46:59 >>> And when that comes up please do not use my name.

09:47:04 >>CHARLIE MIRANDA: I got the drift.

09:47:05 Thank you very much.

09:47:06 [ Laughter ]

09:47:07 >>THOMAS SCOTT: Next speaker.

09:47:08 >>> My name is Kalyn Brand, 3309 West Lakes Avenue,

09:47:12 agenda item number 103.




09:47:15 Rezoning request V 09-21.

09:47:19 It's about my fifth time here and I'm still nervous.

09:47:23 We are trying to save time.

09:47:24 There are representatives, other neighbors are all here

09:47:26 as well.

09:47:27 And I think we have been over this exhaustively.

09:47:32 The neighbors to your point, councilman Miranda, we did

09:47:36 hire a land use expert who prepared quite a lengthy

09:47:41 report that shows that your decision, your unanimous

09:47:44 decision, by the way, in January, did not burden the

09:47:47 property owner.

09:47:51 That was not taken into consideration at all by the

09:47:54 special magistrate, nor was any of the neighborhood's

09:47:58 comments.

09:47:59 I know you all are aware that we had a petition

09:48:02 initially in January signed by 380 or 90 neighbors with

09:48:06 40 people at that first meeting.

09:48:08 My file is about that thick on this issue, too.

09:48:12 And we totally oppose the PD zoning.

09:48:15 There's nothing in the neighborhood that's been built

09:48:17 in 42 years on the lot less than 100 feet.

09:48:22 As a matter of fact, the trend in our neighborhood is




09:48:24 to acquire adjacent lots and further improve the

09:48:28 property for a single-family home.

09:48:30 So we reject -- we wish you would reject the PD and the

09:48:36 modified site plan.

09:48:38 Thank you.

09:48:38 >>THOMAS SCOTT: Thank you.

09:48:43 >> Bob McDonaugh, economic development department.

09:48:47 I'm here to speak about item 109 on behalf of downtown

09:48:50 merchants businesses, attractions and council visitors.

09:48:54 I was on the committee that chose the technology that's

09:48:56 for your consideration today.

09:48:58 And the reason that it was chosen was ease of use,

09:49:02 flexibility.

09:49:03 Anyone can use it without a further obligation.

09:49:05 The council visitor to downtown will not have to go

09:49:09 through a lengthy process to establish a credit

09:49:13 application to get through this technology.

09:49:17 It's proven technology, and it offers a very good

09:49:20 return on investment.

09:49:21 You know, we have a lot of people that are hesitant to

09:49:24 visit our downtown because perhaps sometime in the past

09:49:27 we have gotten a parking ticket.




09:49:29 And what we tried to do is make our downtown more user

09:49:32 friendly and we feel this is a technology that can help

09:49:35 us do that.

09:49:36 >>CHARLIE MIRANDA: Thank you.

09:49:41 I am certainly not opposed to technology.

09:49:42 But I read that, if my memory serves me correct, we

09:49:47 have revenues coming in under the old system of 1.2

09:49:51 million a year.

09:49:52 Am I correct?

09:49:53 >>> The parking division will be here a little bit

09:49:55 later on 109.

09:49:58 The industry standard is somewhat of an increase

09:50:01 between 30 and 40%.

09:50:03 >>CHARLIE MIRANDA: I can tell you the industry increase

09:50:05 on that item is about 1.5 some million, between that

09:50:08 difference is about $300,000 a year.

09:50:12 The maintenance agreement along with the other

09:50:14 contracts equal $205,000 a year.

09:50:20 On the other side you have a higher maintenance fee.

09:50:22 I know you are having problems in creating and finding

09:50:28 park for your existing operation that you have.

09:50:30 >>> Yes, sir.




09:50:31 >>CHARLIE MIRANDA: But I don't know what the council is

09:50:32 going to do.

09:50:33 I would like to see a test before I spend -- in other

09:50:37 words, I'm a real tightwad.

09:50:39 I don't like to spend 2.-something million dollars for

09:50:44 something that may or may not work or are be the best

09:50:47 thing for this area.

09:50:48 I would like to be see a small 150-meter operational

09:50:50 for six months and find out how it works before I

09:50:53 change the whole city.

09:50:54 St. Pete did that years ago and guess what, they sold

09:50:56 the meters back, maybe not this company, but they sold

09:50:59 the meters back a dime on the dollar, something like

09:51:02 that.

09:51:02 And I'm not going to risk something like that unless

09:51:06 it's proven to me that it works.

09:51:10 But I'm not discussing it.

09:51:12 Whoever is listening, that's coming up, is prepared to

09:51:14 answer.

09:51:15 That's what I'm doing.

09:51:17 >>THOMAS SCOTT: And let me just say to council, we can

09:51:20 hold our comments until we come to that item.




09:51:24 It will help us expedite and move through the public

09:51:26 comments.

09:51:26 >>JOSEPH P. CAETANO: I will withhold my comments.

09:51:32 Thank you, Mr. Chairman.

09:51:32 >>THOMAS SCOTT: Next speaker.

09:51:35 Anyone that wants to speak on agenda items may come

09:51:37 forward.

09:51:38 If you are going to speak on an agenda item, please

09:51:40 come forward at this time.

09:51:41 >> Robert Schmitt, 4340 west Hillsborough Avenue,

09:51:53 Tampa.

09:51:53 I want to speak about item number 90 on the agenda.

09:51:59 I have several points I would like to cover.

09:52:01 First of all --

09:52:02 >>MARTIN SHELBY: I'm sorry, sir, is that a public

09:52:05 hearing?

09:52:06 You can speak to that item when it comes up.

09:52:08 That's open for public hearing.

09:52:10 When the public hearing comes up.

09:52:11 >>> Okay.

09:52:15 Thank you.

09:52:15 >>THOMAS SCOTT: All public hearing items you can speak




09:52:17 on at that time when they come up.

09:52:19 Anyone else on agenda items?

09:52:21 Okay.

09:52:30 Nonagendaed items?

09:52:40 >> My name is Ronald hall.

09:52:42 I'm an owner and resident at the towers of Channelside,

09:52:46 1211 east Cumberland, unit 2304.

09:52:50 I have some documents for the council.

09:53:02 This morning I would like to read a letter written by a

09:53:06 resident of tower 2 who is out of state at this time.

09:53:10 The letter is addressed to Mr. Jack Slocum, and was

09:53:14 forwarded to Mr. Slocum on August 18th.

09:53:18 >>THOMAS SCOTT: Are you speaking on item 104?

09:53:22 Which item are you speaking to?

09:53:24 Oh, non-agendaed item.

09:53:25 Okay, go ahead.

09:53:26 >> Again, this is a letter that was sent by e-mail

09:53:32 along with comments by many of the owners at the towers

09:53:36 of Channelside.

09:53:44 Part of this was a desire for modification, the special

09:53:49 use permit, applicable to the alcohol use at

09:53:52 223-12th street in the Channel District, which was




09:53:56 approved back in July of 2009.

09:54:00 Again, this letter is addressed to Mr. Jack Slocum who

09:54:04 is the president of Slocum investment group,

09:54:06 incorporated.

09:54:07 Dear sir: I am personally offended that the residents

09:54:10 of the towers of Channelside have to deal with another

09:54:13 bar/nightclub that will be ever so close to our homes.

09:54:18 I really dislike the drunkenness and the littering

09:54:23 cause these establishments draw to Channelside.

09:54:25 I readily admit that I can usually avoid most of this

09:54:27 by simply staying home and not venturing out when the

09:54:30 night clubs are operating.

09:54:32 However, the unreasonable and unrelenting noise that

09:54:35 these establishments generate is another matter.

09:54:38 There is no way to escape from the loud music, people

09:54:42 screaming and the absurd traffic noise these night

09:54:45 clubs generate until 3 a.m. or later in the morning.

09:54:50 Of all the unpleasant and undesirable aspects of

09:54:54 another nightclub/bar, the noise is the number one

09:54:58 annoyance.

09:54:59 We are absolutely against any outside speakers, outside

09:55:03 music, or doors left intentionally or unintentionally




09:55:07 open to let the music out.

09:55:09 We sincerely hope and request that the owners of this

09:55:13 new establishment respect the wishes and the rights of

09:55:15 the residents at the towers of Channelside.

09:55:20 We pay our taxes and desire a peaceful environment

09:55:24 especially in the evening and late at night.

09:55:27 Thank you for your willingness to meet with the

09:55:30 residents of Channelside.

09:55:31 Sincerely, Paul Thomas Haddock, towers of Channelside,

09:55:35 tower 2.

09:55:36 And this is in response to a meeting that we had with

09:55:39 Mr. Slocum a few weeks earlier.

09:55:43 Council members, as you are aware, we, the majority

09:55:47 owners at the towers of Channelside, are just now able

09:55:50 to make known our thoughts and opinions to you

09:55:53 regarding this matter since the original petitioner

09:55:56 failed to provide proper notification as required by

09:55:58 statute.

09:56:01 We want you to know that as of today we have not had

09:56:03 any response from Mr. Slocum and want the simultaneous

09:56:12 action to take place.

09:56:13 We thank City Council for working with us on this




09:56:15 questionable special use permit.

09:56:18 >>THOMAS SCOTT: Thank you.

09:56:18 Next speaker.

09:56:18 >> My name is rod Frank, I too am a resident of the

09:56:27 towers of Channelside, 445 south 12th Street, unit 6 in

09:56:31 tower 2.

09:56:31 I have a copy of my report for council members.

09:56:36 I'll tray not to reiterate too much of what was just

09:56:40 presented.

09:56:41 But I do want to give you an update since we have

09:56:45 presented this matter to you in the past.

09:56:47 As you know, when the petition was made for this

09:56:50 property back in July of 2009, there was not proper

09:56:54 notice made to the residents within 250 feet of that

09:56:58 property, specifically tower 2 which is right across

09:57:00 the street.

09:57:02 No residents were notified of the proposal with regards

09:57:07 to that.

09:57:09 On the 15th of July we did meet with City Council,

09:57:14 and we spoke about the owner of Slocum investment

09:57:18 group, which is planning to put what was supposed to be

09:57:25 a res restaurant, now we found to be a nature club on




09:57:27 the property, and we have been working with the city

09:57:30 attorney in terms of investigating in court a

09:57:34 declaratory file as well, since this was not done

09:57:37 properly.

09:57:37 On the 3rd of August we met with Rocco Savage who

09:57:41 at the time was the vice-president and manager of

09:57:43 Slocum investments.

09:57:45 During that meeting the tower owners identified our

09:57:48 concerns with regards to the ordinance and not being

09:57:51 able to provide stipulations within the ordinance with

09:57:53 regards to noise or putting any kind of outdoor venue

09:57:57 that could create issues with the residents across the

09:58:00 street.

09:58:01 Mr. Savage understood our concerns and stated that he

09:58:05 would go back to Mr. Savage with our request.

09:58:10 And on August 10th we found that Rocco Savage was

09:58:16 no longer working for Slocum investment group.

09:58:18 When that happened we contacted Mr. Slocum through the

09:58:21 contract contractor.

09:58:22 Mr. Slocum offered to meet with us.

09:58:25 And on August 14th met we've Mr. Slocum.

09:58:29 He was very clear and adamant that a repeat was not in




09:58:32 his interest and the owners then suggested that revised

09:58:37 ordinance 239-132.

09:58:40 Our primary concerns revolved around soundproofing so

09:58:45 that we would not have the noise specifically across

09:58:47 the street in tower 2, as well as the potential noise

09:58:50 that comes out when people going in and out of the

09:58:53 establishment itself.

09:58:55 No provisions in the ordinance to have an outside venue

09:58:58 or outside speakers creates an issue for us as well.

09:59:01 As many of you know, we fought this battle a year ago

09:59:05 with those on the other side of tower 2 when they were

09:59:07 having an outside venue on the second floor at

09:59:09 Channelside, shops at Channelside.

09:59:12 Fortunately with that, we got the media involved as

09:59:14 well and it was successful to close down that outside

09:59:17 venue.

09:59:20 Mr. Slocum requested that we provide to him our

09:59:22 concerns in a list, and we did that on August 18th.

09:59:26 We have had no reply from him to date.

09:59:28 Finally, at the request of the towers' owners, the

09:59:31 towers condominium association board met last night

09:59:35 with us and have authorized the association to seek to




09:59:39 intervene in the declaratory judgment action and to

09:59:45 assist in a court order to declare the prior special

09:59:48 use which had been approved null and void due to the

09:59:51 lack of required notice.

09:59:52 If Mr. Slocum does not agree to modify this ordinance

09:59:56 as we have requested.

09:59:56 (Bell sounds)

09:59:58 We remind City Council that our efforts --

10:00:01 >>THOMAS SCOTT: Thank you, sir.

10:00:02 Time is up.

10:00:03 Next speaker.

10:00:03 >> Good morning, my name is Joanna Folkley, I live at

10:00:17 2118 west Carmine street, Tampa, Florida 33606.

10:00:22 First of all, I would like to congratulate Ms. Capin

10:00:28 and Mr. Stokes on your selection to the City Council.

10:00:33 I come this morning to request, to make a procedural

10:00:38 request and to ask in the future that the names of all

10:00:43 buildings to be impacted by council decisions be

10:00:46 included in the language of agenda item.

10:00:51 And I'm referencing agenda item number 108 which you

10:00:54 just pulled, because the public, and people who were

10:00:58 involved in the history of that building, like James




10:01:02 Hammond, had no idea that the Kress had reference to

10:01:08 the Woolworth building.

10:01:10 So if somehow we are going to see Woolworth and grant

10:01:13 have been there, they would have known that item number

10:01:15 60 on the agenda in July pertained to the Woolworth

10:01:20 building.

10:01:21 And so we hope that in the future names will all be

10:01:26 included in that language.

10:01:27 And also to ask that when the agenda item is returned

10:01:31 that you would contact -- we have formed a committee

10:01:34 called the committee to protect the Woolworth building,

10:01:39 if representatives of that committee could be

10:01:41 contacted, and two of them, myself and Linda Saul-Sena

10:01:47 have agreed to be the ones contacted so we would have

10:01:49 known like last night that the meeting was canceled.

10:01:52 We did get the information.

10:01:54 We were able to call people.

10:01:56 But if we are notified when it back on the agenda, if

10:02:00 there are any changes, we would appreciate it.

10:02:01 Thank you very much.

10:02:03 >>THOMAS SCOTT: Yes, thank you.

10:02:08 Next speaker?




10:02:14 >> My name is pastor Frank R. Williams, Sr., 1112 east

10:02:22 Cass Street.

10:02:23 I got some questions I would like you to answer.

10:02:28 If you can't, then next week make sure you have an

10:02:31 answer public.

10:02:32 Why is it that the City Council can allow lawyers, real

10:02:37 estate investors, to go around and taking people's

10:02:41 property without giving them know?

10:02:51 Have.

10:02:51 Answer: Next week.

10:02:52 >>THOMAS SCOTT: We'll see if we can get staff to

10:02:55 respond.

10:02:55 >> Because they took my property and I didn't know it.

10:03:00 It was in foreclosure.

10:03:01 If you are going to take somebody's property, make sure

10:03:03 they get a notice, so if they can, they can go and bail

10:03:07 themselves out.

10:03:08 It's not right the way they are doing people.

10:03:10 A lot of people coming to me, oh, I lost my property

10:03:13 because of foreclosure.

10:03:14 That's not right.

10:03:16 You have to give them some notice.




10:03:19 And the next thing I want to talk about, you want to

10:03:26 put another tax on that?

10:03:30 That's ridiculous.

10:03:31 We are in recession.

10:03:32 We don't need that.

10:03:33 You got money already allocated, and why don't you all

10:03:40 start in, get some of that money allocated and let them

10:03:45 meet together.

10:03:47 That will put a lot of people to work.

10:03:48 But you got the money.

10:03:53 Obama gave you the money.

10:03:55 Over a billion dollars.

10:03:58 Jesus Christ.

10:03:59 I don't know.

10:04:02 You all are supposed to represent the people.

10:04:04 But don't look like nobody represent me, Frank

10:04:07 Williams.

10:04:07 And Thomas, I told you, I got a church over there,

10:04:12 right there on Central Park, you all took my livelihood

10:04:15 away from me.

10:04:17 And then for no reason at all, and you all name it a

10:04:24 historical landmark.




10:04:26 And that's ridiculous.

10:04:32 And then the code enforcement over there, let me talk

10:04:41 to them.

10:04:41 And let me tell you another thing, Thomas, because I'm

10:04:44 offended.

10:04:46 I told you, you never called a meeting with me under

10:04:51 any circumstances.

10:04:52 But you can pass a law for homosexual right.

10:04:55 Do you understand what I'm saying?

10:04:56 And I'm a preacher.

10:04:58 You is a preacher.

10:04:59 If you aren't going to represent Jesus Christ you need

10:05:02 to step down.

10:05:03 I have a lot of on the things I could say but I am not

10:05:05 going to say it.

10:05:06 I put on my agenda.

10:05:08 And then I pass it out to the public.

10:05:11 And let me read something to you.

10:05:16 Frankly you are right in the name of Jesus Christ, the

10:05:19 United States government is anti-Christ, racist, they

10:05:21 hate Jews, they hate the president, Obama, they hate

10:05:26 the blacks, they hate the native Indians, they hate the




10:05:30 Americans, they hate Castro and the Cuban people.

10:05:32 Looks like they hate everybody except themselves, and

10:05:35 sometimes it looks like some of them hate themselves.

10:05:38 Anytime an atheist says they hate God that means they

10:05:44 hate everybody.

10:05:45 >>CHARLIE MIRANDA: Mr. Chairman, I am not going to

10:05:46 answer directly.

10:05:47 I am going to answer generically saying that the only

10:05:51 councilmen here, there are seven of us.

10:05:53 If you want to talk to the board you can.

10:05:54 But when somebody picks on one council member -- and

10:05:58 I'm not saying in this case so no one can answer me

10:06:01 again -- the mike is mine, not yourself.

10:06:04 >> But, sir --

10:06:06 >>CHARLIE MIRANDA: No, sir.

10:06:06 I am not going to debate you. Let me also say this.

10:06:09 Element me also say this.

10:06:10 I don't know if you have a mortgage.

10:06:12 I don't care if you have a mortgage.

10:06:14 The City of Tampa doesn't own a mortgage.

10:06:16 City of Tampa doesn't do anything for your property.

10:06:18 I believe in property lights.




10:06:20 I believe you have the right to do what you want to do.

10:06:22 And I am not going to --

10:06:23 [Sounding gavel]

10:06:24 >>CHARLIE MIRANDA: I am not going to get involved in a

10:06:26 private matter.

10:06:27 Thank you very much.

10:06:27 >>THOMAS SCOTT: You are out of order.

10:06:32 >>CHARLIE MIRANDA: Don't care if you are white, black,

10:06:34 Hispanic, bald or long-haired.

10:06:37 Period.

10:06:40 I didn't mention any names.

10:06:41 I just spoke generically, I said, and my work got stuck

10:06:45 and came out half Spanish.

10:06:49 How do you like that?

10:06:50 [ Laughter ]

10:06:55 So I can play on both sides of the fence.

10:06:58 >>GWEN MILLER: Next speaker.

10:07:00 >>THOMAS SCOTT: Next expire.

10:07:01 Next speaker.

10:07:02 Anyone else?

10:07:15 No one else?

10:07:20 Mr. Shelby.




10:07:21 >>MARTIN SHELBY: Just a reminder to the public, that

10:07:27 council comments shall be directed to the body and not

10:07:31 to individual council members.

10:07:33 That is council's rules.

10:07:35 Which are available online.

10:07:37 Council members, I apologize to you, but I neglected

10:07:40 during the approval of the agenda, council member

10:07:41 Mulhern did send an e-mail yesterday requesting some

10:07:45 items be pulled from the agenda and I neglected to

10:07:47 bring that to your attention so I am going to ask with

10:07:50 my apologies that per her request, my understanding is

10:07:55 items 19, 20, 21 and 41 be removed from the agenda to

10:08:01 have staff appear to address those discussions.

10:08:05 And I apologize.

10:08:07 19, 20, 21 and 41.

10:08:11 >>CHARLIE MIRANDA: I can answer all those without

10:08:12 staff.

10:08:12 However, if I may, Mr. Chairman, you know, I would

10:08:17 rather play fair on both sides.

10:08:18 Nothing against council member Mulhern.

10:08:21 But if we are going to ask passionately, the public has

10:08:23 to do something within a certain time to come before




10:08:25 us, then there's a law written in the City Council

10:08:33 dictionary which is for something, I don't know what it

10:08:36 is, C-4, 3, 5, 2, 1?

10:08:41 >>MARTIN SHELBY: Are you asking for the specific --

10:08:43 >>CHARLIE MIRANDA: What are the rules?

10:08:44 In other words, I think that has to be amended.

10:08:47 If I want to pull something, I can pull it.

10:08:50 Because that thing doesn't specifically have any

10:08:53 direction on how to do it.

10:08:55 Am I correct?

10:08:56 >>MARTIN SHELBY: Well, rule 7-C states the following:

10:08:59 An individual member of City Council wanting to remove

10:09:01 an item from the committee reports consent agenda

10:09:05 should attempt to do so more in advance of the meeting

10:09:10 a day or so more in advance of the meeting by

10:09:12 memorandum or e-mail stating whether the member of City

10:09:15 Council wishes staff to be present to discuss the item.

10:09:18 Again, Mr. Miranda, and members of council, these are

10:09:22 your rules, and they are going to be come back to you

10:09:24 for discussion.

10:09:25 There was some discussion when this was adopted.

10:09:27 The word should, it's not a "shall."




10:09:32 >>CHARLIE MIRANDA: And should have a specific time.

10:09:33 And I am not discussing with Ms. Mulhern.

10:09:36 She has a right to do that under the set of rules that

10:09:38 we have.

10:09:39 But there is nothing specifically that says you must do

10:09:41 this, you must give a copy of the to the clerk's office

10:09:44 so that the public knows that we did something.

10:09:47 I can discuss these things without staff.

10:09:49 I read these things.

10:09:50 I read everybody's.

10:09:52 In fact I can tell you what they are without even

10:09:54 looking down at them.

10:09:55 I can tell you about 19, 20 and 21.

10:09:58 But I won't, just to ask for staff.

10:10:01 >>MARY MULHERN: I just want to say that I was able to
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