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TAMPA CITY COUNCIL

Thursday, January 6, 2011

9:00 a.m. session

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09:02:55 >>THOMAS SCOTT: Tampa City Council will now come to

09:02:56 order.

09:02:56 The chair will yield to the honorable Curtis Stokes.

09:02:59 >> Thank you very much, Mr. Chairman.

09:03:01 This morning, I would like to introduce reverend Bob

09:03:04 block to lead us in the invocation.

09:03:07 Reverend block was born and raised here in Tampa, and

09:03:10 is a grad of Plant High School, received his bachelor

09:03:14 of arts degree in Waco, Texas.

09:03:16 He was called to the ministry over 20 years ago and

09:03:18 received his ministry degree from New Orleans Baptist

09:03:21 seminary, and since 2009 serves as the pastor of first

09:03:25 Baptist church in Tampa.

09:03:27 Reverend black, thank you very much for joining us this

09:03:28 morning's.

09:03:29 >>GWEN MILLER: Please stand and remain standing for

09:03:31 the pledge of allegiance.

09:03:32 >> Let us pray.

09:03:35 Heavenly father, we thank you for the private we have

09:03:37 to live in such a wonderful place in Tampa.

09:03:39 We thank you for the rain that's fallen over the

09:03:41 evening to refresh and give new life.

09:03:44 Lord, we pray for the members of this council that you

09:03:46 would give them wisdom, that they would continue to

09:03:49 help us to live in such a wonderful place.

09:03:52 Lord, give them wisdom as they lead us in that.

09:03:54 Lord, we also wants to lift up those who serve and

09:03:57 protect us in our city, our policemen, our firemen and

09:04:00 all who do Yeoman's work to protect us.

09:04:03 Lord, thank you for this day in Jesus name.

09:04:05 Amen.




09:04:06 [ Pledge of Allegiance ]

09:04:28 >>THOMAS SCOTT: Thank you, pastor, for your invocation

09:04:31 this morning.

09:04:31 Roll call.

09:04:39 >>YVONNE CAPIN: Here.

09:04:40 >>GWEN MILLER: Here.

09:04:42 >>CHARLIE MIRANDA: Here.

09:04:43 >>MARY MULHERN: Muscle here.

09:04:45 >>CURTIS STOKES: Here.

09:04:46 >>THOMAS SCOTT: Here.

09:04:46 >>GWEN MILLER: Caetano is walking in.

09:04:56 Let me just say happy new year to everybody.

09:04:59 I haven't seen you since last year.

09:05:02 A whole year?

09:05:09 >>GWEN MILLER: Approve the minutes.

09:05:11 >> Second.

09:05:13 >>THOMAS SCOTT: All in favor?

09:05:14 Opposes?

09:05:15 Okay.

09:05:17 Then we will review the agenda at this time.

09:05:20 >>MARTIN SHELBY: Good morning, Mr. Chairman, members

09:05:23 of City Council.




09:05:24 Before you, you have the addendum for today's short

09:05:27 agenda.

09:05:31 To begin, item number 5, you are being asked to move

09:05:36 the substitute of the lease agreement, attached to the

09:05:40 resolution be substituted.

09:05:42 Then you have item 12.

09:05:45 Item 12 regarding the referendum on the March 1st

09:05:48 election ballot regarding tax exemptions, a request by

09:05:51 the chief of staff to have that moved to staff reports.

09:05:54 Item 19 is a request by Chairman Scott to have the

09:05:57 discussion regarding the approval of the multiple

09:05:59 funding source for construction, rehabilitation, or

09:06:02 other development of low-income housing.

09:06:04 Then you have item number 40, which you will discuss

09:06:09 under staff reports.

09:06:10 You have received a memorandum and draft policy for the

09:06:12 naming of city property.

09:06:16 Then item 42, council, is a member that was distributed

09:06:23 by senior assistant city attorney Julia Cole that has

09:06:27 an attached substitute ordinance associated with that.

09:06:32 Finally, council, you have a 10:30 time certain public

09:06:36 hearing -- excuse me, not time certain but to be set




09:06:42 for 10:30.

09:06:43 That was the file V-10-347, an appeal hearing regarding

09:06:48 property at 1201 East 7th Avenue.

09:06:51 You have received a memorandum or a letter from David

09:06:55 Armijo, the chief executive of Hart requesting that be

09:06:58 removed from the agenda, and that would then have to be

09:07:01 taken up after 10:30.

09:07:03 Other than that I am not aware of any other additions,

09:07:06 deletions or changes to the agenda and I present to the

09:07:09 you for your approval.

09:07:09 >> Any other items to be pulled?

09:07:12 Any other changes?

09:07:13 Motion to approve?

09:07:15 >> So moved.

09:07:15 >> Second.

09:07:16 >>THOMAS SCOTT: Moved and seconded.

09:07:17 All in favor?

09:07:18 Opposes?

09:07:19 Okay.

09:07:21 Councilman Miranda.

09:07:22 >>CHARLIE MIRANDA: Mr. Chairman, as an alumnus of

09:07:26 Jefferson high school it's my pleasure to make a motion




09:07:28 that we recognize the undefeated Jefferson high school

09:07:33 3-A state champions.

09:07:36 They struggled so hard and worked so hard to attain.

09:07:40 I believe this is the first state championship that the

09:07:41 school ever had.

09:07:43 They waited till I left.

09:07:44 >>GWEN MILLER: It's football, not baseball, so you

09:07:50 couldn't do it.

09:07:51 >>CHARLIE MIRANDA: Well, I was a cheerleader.

09:07:55 [ Laughter ]

09:07:57 It's a new year, they are still hammering me.

09:08:00 That was done December 17th at the citrus bowl in

09:08:03 Orlando, Florida, and we are very proud.

09:08:05 The reason I am bringing it up now is the mayor is

09:08:07 having a pep rally for them and I would like to make a

09:08:10 presentation on behalf of council at that time.

09:08:12 >>THOMAS SCOTT: Moved and seconded.

09:08:16 All in favor signify by saying Aye.

09:08:19 Opposes?

09:08:20 Thank you.

09:08:21 Congratulations to Jefferson high school for that

09:08:23 accomplishment.




09:08:25 At this time we'll take public comment.

09:08:26 We'll take first comments items on the agenda first.

09:08:30 Items on the agenda first.

09:08:33 If you are here and you have an item you want to speak

09:08:35 to on the agenda, you may come at this time.

09:08:37 Then we'll take all remaining items or concerns and

09:08:41 issues.

09:08:41 >> Spencer Kass.

09:08:45 Happy new year to everybody.

09:08:47 I'm here to ask once again that council schedule a

09:08:50 referendum on the panhandling issue.

09:08:53 As we know, so far, it's been almost a year, council

09:08:56 has taken no action to deal with this safety issue for

09:08:59 our city and our residents.

09:09:02 Over the past couple weeks, we gathered this many

09:09:08 petition forms.

09:09:08 These petition forms aren't like the ones you have to

09:09:11 do when you run for office.

09:09:12 These have to be printed double sided, have to be

09:09:15 witnessed, have to be signed.

09:09:21 All these people are just in favor of putting it on the

09:09:24 ballot.




09:09:24 And the question I asked before your vacation was very

09:09:26 simple.

09:09:27 Why not put it on the ballot?

09:09:28 I heard lots of reasons why you might not agree with

09:09:31 the ordinance, and I understand those reasons.

09:09:33 But the basic question remains, why not place this

09:09:37 issue on the ballot and let the voters decide?

09:09:40 This be morning, you all have item number 12 on your

09:09:43 agenda.

09:09:44 That's from the administration to place something under

09:09:47 referendum on the ballot with no public discussion.

09:09:50 I find it interesting that council will rush to place

09:09:53 something with no chance for the council to speak on

09:09:56 the ballot, but here where we have 72% of people

09:10:00 supporting placing this item on the ballot, why this

09:10:03 council won't take action is truly beyond me.

09:10:05 I also want to address some of the issues that were

09:10:07 raised before your vacation about what this ordinance

09:10:11 does and does not do.

09:10:13 What this ordinance does is it's an exact copy of the

09:10:17 same ordinance.

09:10:18 It's been reviewed by the city legal department.




09:10:20 They believe it's Constitutional.

09:10:21 They believe it can be defended.

09:10:23 So when we do a Constitutional issues, as far as I'm

09:10:26 concerned, there is no issue.

09:10:28 Now, you can have them come down and bring you an

09:10:30 ordinance, and you can vote on it and you can simply

09:10:32 have the ordinance we can stop all of this.

09:10:35 Otherwise, let's just let the public decide.

09:10:37 I don't understand what the problem is with democracy.

09:10:40 When it comes to you guys getting voted in there's no

09:10:43 problem with democracy.

09:10:45 When there's things you disagree with, for some reason

09:10:47 they have to be told they cannot vote on it.

09:10:50 And that's just the basic question I'm asking.

09:10:52 Why not let them vote?

09:10:53 And honestly, I'm going to stand here for the remainder

09:10:58 of my three minutes and I'm going to wait for an

09:11:00 answer.

09:11:00 But we are going to keep coming down here.

09:11:02 I also want to the say if we don't get an answer from

09:11:04 City Council we are going to tab this to the state

09:11:06 legislature.




09:11:07 That's our next step.

09:11:08 I don't have any choice.

09:11:09 Later on today if there is no volt, if you don't agree

09:11:12 to put it on the ballot, I will be posting the

09:11:14 information for the state legislature and hopefully our

09:11:18 legislative delegation will be a little more symptom

09:11:20 they I can for the small businesses and the individuals

09:11:22 of this city who are suffering under the danger that

09:11:26 this panhandling is causing.

09:11:27 Thank you.

09:11:28 >>THOMAS SCOTT: Councilman Miranda.

09:11:34 >>CHARLIE MIRANDA: May I ask the legal department a

09:11:37 couple of questions?

09:11:38 I need to bring into focus how we got to where we are

09:11:39 today, because some years back, many years back, we

09:11:43 never had this problem in the City of Tampa, we never

09:11:47 had this problem in the City of Tampa, and you may call

09:11:49 it whatever you want to call it, but we had people that

09:11:52 stood in the rights-of-way and collected moneys, mainly

09:11:55 the fire department on the boot drive, the good people

09:11:59 from the Shriners hospital that give free service.

09:12:02 And I want to emphasize free service to kids all over




09:12:05 this country and support their hospitals without public

09:12:09 funding that I am aware of.

09:12:12 Let me also say that what makes the city or the country

09:12:16 or a nation or world compassionate about other people

09:12:21 and understanding of the facts on how they feel in a

09:12:24 time of need, this ordinance doesn't cover anything but

09:12:27 get rid of them.

09:12:28 So if you have a family of five children and four are

09:12:31 doing well and one is not doing too good, as a parent

09:12:35 you are going to close the eyes of the ones not doing

09:12:37 good and say I am only going to raise the other four?

09:12:39 I don't think so.

09:12:41 So what I'm saying is, what is this city doing to house

09:12:45 these people somewhere else?

09:12:47 Maybe to feed them.

09:12:48 Maybe to get them on their feet.

09:12:50 Maybe to educate them.

09:12:51 Maybe to give them a second chance.

09:12:53 Are they all in the same boat?

09:12:55 No, I think we have a very mixed back.

09:12:57 I think we have a situation where some are really in

09:12:59 need of food.




09:13:01 They are all in need of food.

09:13:03 But are they in need?

09:13:05 Some need more education.

09:13:06 Some need further push in the right direction.

09:13:10 Some need even mental assistance.

09:13:14 So what I'm saying is, you just can't blank and say

09:13:17 tomorrow I want these panhandlers gone, because it has

09:13:20 an effect on a lot of other parts of society, mainly

09:13:23 those good people that work, the 400 or 500 people that

09:13:27 work on Sunday selling newspapers that need that money

09:13:29 to put food on their table.

09:13:31 This is not about me.

09:13:35 This is about your mind and your heart as an individual

09:13:37 to. Wipe out a class of people -- because that's what

09:13:42 you are doing -- no matter how great you think the idea

09:13:45 is, in my mind it's wrong, unless you have a solution

09:13:48 to that.

09:13:48 There's been no solution brought here other than let's

09:13:51 get rid of them.

09:13:52 Let's flush them down the toilet and get rid of them.

09:13:55 We can't think that way as an elected official.

09:13:57 I have to balance out, if I am going to get rid of




09:14:00 something, I have to have a plan set to regulate and

09:14:04 how am I going to do it so that no one is really

09:14:07 damaged and hurt.

09:14:08 Some of them have been killed.

09:14:10 Some of them have been murdered.

09:14:12 Some of them have frozen to death, not maybe here in

09:14:16 Tampa, but there's got to be compassion somewhere along

09:14:19 the line.

09:14:20 Even in war you pick up your wounded from the other

09:14:23 side and try to help them survive.

09:14:26 So in my heart, I know I'm doing the right thing.

09:14:33 What plan do we have to solve the problem?

09:14:37 This started with the legislature and the courts that

09:14:40 said years back that we couldn't narrow it down to

09:14:44 groups that had only the money to buy a license and to

09:14:48 buy insurance so that they could have one day a year or

09:14:51 maybe two days a year to go on the streets and raise

09:14:54 funds for muscular dystrophy as it does in the boot

09:14:58 drive, or into the areas of hospitals through the

09:15:04 Shriners.

09:15:06 I don't forget where I come from.

09:15:10 I come from a very poor family, from the housing




09:15:13 projects, and I'm very proud of that.

09:15:15 Knowing that, I keep in mind the struggles of my friend

09:15:19 who have become well-known physicians, doctors,

09:15:25 anesthesiologists, lawyers, engineers.

09:15:28 They came from the same neighborhood.

09:15:29 Why?

09:15:30 Because they were given a chance.

09:15:33 And this country is great for that.

09:15:35 So can you bring us up to date, Chip?

09:15:39 I hate to call you Chip, but that's how I call you, to

09:15:45 enlighten us how this got to this point?

09:15:48 >>CHARLES FLETCHER: Well, as we briefed council

09:15:50 before, because of the federal and state case law right

09:15:54 now, the city's only option really is to have a ban or

09:16:01 to have an open availability for solicitation on the

09:16:06 roadways.

09:16:08 There is a state statute on this issue that exempts

09:16:11 some certain groups from permitting.

09:16:13 The federal courts have looked at that and said, no,

09:16:16 that's not acceptable.

09:16:17 Either everybody has to get permits or no one can get

09:16:20 permits.




09:16:21 And right now we are into -- because of that case law

09:16:24 and the situation where you have no permit as an

09:16:28 option.

09:16:28 That's why you have seen a number of jurisdictions go

09:16:30 with either an open solicitation ordinance like we

09:16:33 have, or complete ban.

09:16:36 Those are essentially the options.

09:16:38 Now, after discussion in the last council meeting, we

09:16:43 have looked at some options within the complete ban,

09:16:46 one being which roadways we may select based on certain

09:16:52 physical features, volume, speed limit, design of the

09:16:54 road, that are less safe than smaller roads, and if we

09:16:59 could just look at a ban just on those larger roadways,

09:17:02 those arterial roadways.

09:17:04 The other one is looking at the traffic data.

09:17:07 We are still in the process of collecting that

09:17:09 information.

09:17:10 We don't have enough at this point to reach a

09:17:14 conclusion one way or another on the traffic data, and

09:17:17 so those are the two options we are looking at right

09:17:20 now in terms of a full ban just within those

09:17:24 parameters.




09:17:28 On certain larger roadways, having a ban, then on

09:17:31 smaller roadways allowing solicitation to continue,

09:17:34 then based on the second option, based on the traffic

09:17:36 data, maybe have certain days of the week based on less

09:17:39 traffic, a finding that it's safe on those days so that

09:17:44 we can continue the solicitation on those days with

09:17:47 lower traffic, and prohibit it on days with higher

09:17:50 traffic.

09:17:53 >>CHARLIE MIRANDA: Thank you.

09:17:53 >>GWEN MILLER: I have a question.

09:17:55 Mr. Fletcher, before you leave, what will it accomplish

09:18:02 if you put this on the ballot?

09:18:04 Will it accomplish anything with all the information

09:18:06 you gave us?

09:18:07 >>CHARLES FLETCHER: The ballot issue, what was

09:18:11 proposed in the draft that was circulated on the

09:18:16 petitions, would be the complete ban of arterial and

09:18:19 collector roads.

09:18:20 That's something council could do as well.

09:18:22 It's just a district mechanism of passing an ordinance.

09:18:26 So council could do it, or you could put it on a ballot

09:18:30 for a vote.




09:18:31 Either one would be acceptable, if legally you all want

09:18:37 to put something on the ballot, could you do the

09:18:39 complete ban of arterials and collectors, could you put

09:18:42 on the ballot a ban of just arterials.

09:18:44 I don't think we have the data at this point to support

09:18:47 putting it on the ballot certain days of the week.

09:18:51 So those are really your options.

09:18:53 But whether council adopts it or it goes on the ballot

09:18:55 for a vote, either one of those are legally acceptable.

09:18:58 >> You and I have had the discussion many times,

09:19:02 including Sundays from certain hours to certain hours,

09:19:05 and maybe two or three days a week for certain hours

09:19:08 and certain hours based on the traffic.

09:19:09 And I appreciate you coming up and saying that and

09:19:12 saying that the traffic studies have not been completed

09:19:15 as far as the numbers, so that the welfare of all

09:19:20 citizens are protected.

09:19:21 I can say that why not wipe out guys with bald heads?

09:19:41 You must have ooh little tolerance, and we, the

09:19:44 citizens of this city, and the statistics reported

09:19:50 earlier, I agree with them.

09:19:52 We are the ones that are grading them being there by




09:19:55 giving money.

09:19:56 It's a business to live, to survive, not a business

09:19:59 with a tax license and none of that stuff.

09:20:02 So what I'm saying is, we create what we have today.

09:20:07 We can stop what we have today.

09:20:09 If you don't buy in a certain place, if you don't buy

09:20:11 in a certain sports store, they don't last too long in

09:20:15 business, because they don't.

09:20:17 So what I'm saying is, let's be a little compassionate.

09:20:23 Give me -- how are you going to solve this problem?

09:20:26 Just get rid of them?

09:20:28 Or find an empty building and you put cots there and

09:20:31 you serve breakfast, lunch and dinner to some degree

09:20:34 and you wait and see what medical or what education

09:20:39 necessities they need so that they may work out of the

09:20:42 system and work upward?

09:20:45 And in a down economy, that is kind of difficult to do.

09:20:48 Not impossible.

09:20:48 But kind of difficult to attain.

09:20:51 So what I am saying is to just say get rid of them, I

09:20:54 can't go for that.

09:20:55 To say let's house them and feed them and give them an




09:20:59 opportunity to move forward, I can certainly support

09:21:02 that.

09:21:02 But I haven't heard that yet.

09:21:04 >>THOMAS SCOTT: Councilwoman Mulhern.

09:21:06 >>MARY MULHERN: Thank you.

09:21:08 I'm going to try not to repeat because Mr. Miranda, I

09:21:13 think, certainly -- I agree with everything he had to

09:21:17 say.

09:21:18 It was difficult -- first of all, it's interesting to

09:21:22 me that, you know, we are in this terrible economy.

09:21:27 We haven't seen anything like this since the

09:21:30 depression.

09:21:31 I just read the other day that there are now 23,000

09:21:35 homeless people in the Tampa Bay area.

09:21:40 We know, you know, we all know people who have all

09:21:45 their lives had good jobs, good education, who can't

09:21:49 find a job right now.

09:21:50 We know, now, half the people we know, everyone I know,

09:21:55 their income has probably dropped in half, if they are

09:21:58 lucky enough to have a job in the last couple of years.

09:22:01 Things are really bad.

09:22:02 So to be asked as a City Council to tell people that




09:22:08 they can't ask for help on the street is a difficult

09:22:12 thing, and it was certainly a difficult thing for us to

09:22:15 do right around the holiday, when we were hearing from

09:22:18 Metropolitan Ministries and the Salvation Army that

09:22:20 they weren't getting -- they weren't getting enough

09:22:23 donations even for one time a year where people give so

09:22:26 much for the hungry and give food for them to have over

09:22:30 the holidays.

09:22:31 So I'd like to point that out.

09:22:34 And as a oh council, we have not heard, first of all,

09:22:41 today we -- as Mr. KASS pointed out, we do have some

09:22:47 ballot language that was discussed by council at some

09:22:51 point, but which we just found out last week that the

09:22:55 administration wants us to put on the ballot, not about

09:22:58 panhandling, but about tax exemption for businesses.

09:23:03 And that came to us with the recommendation of our

09:23:13 legal department and economic development.

09:23:15 That just showed up.

09:23:16 I don't see anything by you, Mr. Kass -- there's

09:23:19 nothing on the agenda today asking for us to put this

09:23:21 on the ballot.

09:23:22 So to kind of scapegoat the City Council for not doing




09:23:28 this.

09:23:28 If the administration would like us to do that, I

09:23:30 haven't heard that.

09:23:31 Mr. Fletcher is telling us, well, it would be legally

09:23:34 supportable, but we haven't gotten that recommendation

09:23:37 either from Tampa Police Department, from our housing

09:23:42 department, from the chief of staff, from our legal

09:23:45 department.

09:23:46 So we haven't been advised to do that.

09:23:50 And so I hope in our good moments we don't make hasty

09:23:59 sorts of decisions like that when they are not

09:24:01 supported by data.

09:24:03 We.

09:24:03 Heard any data about the claims that this is dangerous.

09:24:06 I mean, all of us feel bad when we see these people.

09:24:12 And some of us may feel threatened because we don't

09:24:15 know who they are if they are asking for something.

09:24:17 But we really haven't seen any data that there's danger

09:24:21 to either the drivers or to the panel panhandlers

09:24:27 themselves.

09:24:27 We haven't seen that.

09:24:28 So I want to point out, just because the media is




09:24:32 talking about this and pumping it up, and just because,

09:24:35 you know, a lot of people are complaining, that doesn't

09:24:40 mean that we have a really real serious safety problem.

09:24:45 Pi haven't seen that data.

09:24:47 I would also like to point out that we do have -- our

09:24:49 legal department and the county and TPD, the sheriff's

09:24:52 office, and the homeless coalition, meeting to talk

09:24:57 about this whole issue and we haven't gotten a

09:25:00 recommendation from them.

09:25:01 And then finally, I have to reiterate what Mr. Miranda

09:25:05 said.

09:25:06 This is a huge underlying problem.

09:25:08 We have unemployment.

09:25:09 We have homelessness like we have never seen.

09:25:12 In my lifetime.

09:25:14 Nothing like this.

09:25:15 Across this country, across, you know, in every city we

09:25:20 have these problems.

09:25:21 And to just tell people they can't be on the street

09:25:26 does nothing to solve the problem.

09:25:27 And I think, you know, I would have been more

09:25:30 sympathetic if I was hearing from constituents about




09:25:32 some other solutions to go along with this.

09:25:36 I mean, nobody wants -- believe me, in the campaign

09:25:40 season, where I keep asking people for money, there's

09:25:43 nothing worse than begging.

09:25:44 It's a horrible thing to do.

09:25:46 And people wouldn't do it if they had some other

09:25:49 alternative.

09:25:50 You know, there may be people who are reduced to the

09:25:52 point where, you know, they have no other choice, and

09:25:57 there may be people who figured out, yeah, I can

09:25:59 survive on this, but nobody starts out wanting to do

09:26:02 that.

09:26:03 So I do wish -- and I don't want -- and I have been

09:26:08 hearing from some advocates for the homeless saying

09:26:11 they are nominating Tampa to be the meanest city.

09:26:15 There's an award that goes out every year.

09:26:18 And one year St. Pete got it.

09:26:21 This year St. Pete might get an award for not -- you

09:26:24 know, because they ban panhandling but because their

09:26:29 county and mayor are getting together to provide

09:26:31 housing and services for the homeless.

09:26:33 So that's what we need to do.




09:26:35 And that's what I am going to propose later is that we

09:26:38 start looking for some buildings to house the homeless

09:26:42 as opposed to just telling them to go away.

09:26:45 And, you know, the other thing that we heard is that

09:26:49 the reason that we have this increase in panhandlers

09:26:53 over in Tampa is because they came across the bridge

09:26:56 when St. Pete banned it.

09:26:58 Where are they going to go?

09:26:59 If we say right now nobody can panhandle in Tampa,

09:27:02 where are they going to go?

09:27:04 They are going to go somewhere.

09:27:05 They are going to going to Brandon or Valrico or some

09:27:08 other city.

09:27:09 So it is not a solution.

09:27:12 We can't be that selfish about it, if we care about,

09:27:17 you know, not only the least of us, the most

09:27:21 unfortunate, needy people, but also other communities.

09:27:26 If this is such a problem for us, it's okay to just

09:27:31 kick them out and tell them to go somewhere else.

09:27:33 So, you know, what I would really like to see is the

09:27:38 advocate whose want to end panhandling.

09:27:41 I'm not saying they are not doing anything for the




09:27:43 underlying problem.

09:27:44 But let us know what you are doing to end the problem,

09:27:49 and how you want to contribute to that, and then maybe

09:27:52 we can talk about it.

09:27:52 >>JOSEPH P. CAETANO: Mr. Fletcher?

09:28:02 I won't call you Chip.

09:28:04 Did you see a letter from Rebecca Kert to Mr. Lake?

09:28:09 >>CHARLES FLETCHER: It did come in.

09:28:10 I have not.

09:28:11 >>JOSEPH P. CAETANO: I have a copy of it here.

09:28:13 I'll make a copy for everyone.

09:28:15 He has some suggestions.

09:28:16 I met with Mr. Steel from the Tribune and Mr. Lake, and

09:28:19 I told them that I would concede to something providing

09:28:23 that it would be legal once you get ahold of Mrs. Kert

09:28:30 and he did send recommendations, one, two, three, four,

09:28:32 five, six recommendations that they are proposing in

09:28:36 order to put -- and I don't think we need to put it on

09:28:39 the ballot.

09:28:39 I think this council should make the decision.

09:28:43 And I don't want to contradict Mr. Kass.

09:28:45 We did take action but the action didn't prevail.




09:28:48 I think we need to do it as a body, because we got

09:28:51 voted to do these jobs.

09:28:53 We don't have to subcontract to the citizens.

09:28:58 And as Mary says, we need to do something about the

09:29:01 homeless.

09:29:02 There's no doubt about it.

09:29:03 Because if we stop them from panhandling, crime is

09:29:06 going to rise.

09:29:07 There's in a doubt about it.

09:29:09 They need to prevail.

09:29:11 They need money.

09:29:12 And they are going to be breaking into the cars,

09:29:14 breaking into homes and everything else.

09:29:16 Now, Ms. Mulhern wasn't at the first meeting we had at

09:29:24 Falkenburg road.

09:29:26 There was about 40 people there.

09:29:27 You were there.

09:29:28 The sheriff was there.

09:29:29 Plant City was there.

09:29:30 Temple Terrace was there.

09:29:32 And there were people from the homeless coalition there

09:29:35 who got up and spoke.




09:29:37 And we don't want to throw the homeless out in the

09:29:40 street totally.

09:29:42 But I think we need to come up with a plan that's going

09:29:45 to provide some housing for them or whatever.

09:29:51 I know I'm working on it trying to come up with a

09:29:54 solution.

09:29:55 And I'm sure once we get a solution, everybody will

09:29:58 agree with it.

09:30:00 Thank you.

09:30:00 >>THOMAS SCOTT: Generally we don't interrupt public

09:30:07 comment, but since this issue keeps coming up.

09:30:09 Would you tell us what is the existing ordinance now?

09:30:14 >>CHARLES FLETCHER: The existing ordinance that City

09:30:16 Council adopted about a year and a half ago provides

09:30:23 for essentially safety standards for folks operating

09:30:27 and soliciting in the rights-of-way, includes time of

09:30:30 day restrictions, age restrictions, and requires that

09:30:34 individuals not be in the roadway when the traffic is

09:30:37 moving.

09:30:39 >> Will you state that again, please?

09:30:42 >> It requires that individuals not be in the roadway

09:30:44 when the traffic should be moving.




09:30:47 So they should be out of the roadway before the light

09:30:50 changes.

09:30:54 That is an enforcement problem that we are having with

09:30:56 this system that we have right now in place.

09:30:59 >>THOMAS SCOTT: Well, my point was, the point that

09:31:01 City Council did take action about a year and a half

09:31:04 ago to put in safety standard, safety measures, and not

09:31:09 supposedly in the street, during the traffic stops and

09:31:14 movement and all of that.

09:31:15 So I want to be clear there is an ordinance on the book

09:31:18 trying to address this issue.

09:31:20 However, we recognize that we want to go a step

09:31:24 further, and we have been working with you to look at

09:31:28 all the legal ramifications and the legal issues

09:31:30 pertaining to this.

09:31:31 Is that not true?

09:31:33 >> That's absolutely correct.

09:31:35 >>THOMAS SCOTT: So to say council hasn't done anything

09:31:37 is absolutely false.

09:31:39 Would you agree to that?

09:31:41 >>CHARLES FLETCHER: Yes.

09:31:42 >>THOMAS SCOTT: So this council has taken action a




09:31:44 year and a half ago, this council further has a meeting

09:31:47 with you, in fact you and I talked again yesterday?

09:31:52 >>CHARLES FLETCHER: Yesterday, yes.

09:31:53 >>THOMAS SCOTT: More about this issue but the

09:31:54 ordinance and about it coming forward to address the

09:31:57 concerns.

09:31:57 Is that true?

09:31:59 >>CHARLES FLETCHER: Yes, Mr. Chairman.

09:32:01 >>THOMAS SCOTT: So for people to say that council

09:32:03 hasn't done absolutely nothing is absolutely false.

09:32:08 I also want to say, I really do appreciate my

09:32:11 colleagues on this board.

09:32:15 This is one of the times that we stand united behind

09:32:22 the issue that we believe is the issue and the concern

09:32:26 of everybody in this community, not just for the few to

09:32:29 have, but everybody was concerned about.

09:32:33 And I think my colleague Miranda has put it well for

09:32:38 council.

09:32:40 It's easy to be heartless.

09:32:42 You don't ever want a heartless government.

09:32:43 You want a government that wants to find solutions and

09:32:46 answers to the problem.




09:32:48 And I think that is what this council is trying to do,

09:32:54 to make sure that these people have some answers and

09:32:58 solutions.

09:32:59 I said to the press earlier that, Councilwoman Mulhern,

09:33:04 that we have the Salvation Army, we have the homeless

09:33:06 coalition, Metropolitan Ministries.

09:33:08 What I would like to do is convene with them and see

09:33:10 what we can do to assist them, assist them to provide

09:33:14 the kind of assistance that they need to help these

09:33:17 people so we can get them off the streets, and as

09:33:20 councilman Miranda said, give them a second chance.

09:33:23 You know, it's been on the news all over America about

09:33:25 the man with the golden voice, Ted Williams.

09:33:29 He's been given a second chance.

09:33:31 There are many people out there that need a second

09:33:34 chance.

09:33:34 And I think that we can work with our Salvation Army,

09:33:38 work with Metropolitan Ministries, work with the

09:33:40 homeless coalition, that we can help them retool some

09:33:45 of these individuals as well as putting some safety

09:33:49 measures in place with this particular ordinance.

09:33:51 Okay?




09:33:52 Then we'll continue with public comment.

09:33:53 Go ahead.

09:33:57 >>YVONNE CAPIN: Again I appreciate what my colleagues

09:33:59 have said about this issue.

09:34:04 I happen to be in a small local newspaper last week

09:34:08 where they printed coupons that you could cut out and

09:34:11 hand out to a cafe, hand those out instead of money.

09:34:23 They are there.

09:34:24 I think every newspaper in Tampa should print them.

09:34:29 And everyone that receives the newspaper, cut it out

09:34:32 and hand it to these people.

09:34:35 I agree with Mr. Miranda.

09:34:38 If you do not give them money, the people that are

09:34:41 there simply for the money will not be there.

09:34:44 The people that need the help will take your help.

09:34:53 That is a solution.

09:34:54 And I found that to be -- also, I agree, the fact to

09:34:59 say that we have not been working, I have been on City

09:35:01 Council since July, and I know that we have had several

09:35:06 meetings about this.

09:35:14 So, again, what is really in my mind, a shame, is the

09:35:24 amount of people that we have begging in our city.




09:35:30 And whether it's this city or the entire community,

09:35:34 that is what the shame is.

09:35:36 And we need to help these people help themselves.

09:35:40 Thank you.

09:35:41 >>THOMAS SCOTT: We will continue with our public

09:35:46 comments.

09:35:47 >> My name is Ed Tillou.

09:35:57 I live in north Tampa.

09:35:59 Sulphur Springs.

09:36:01 There's a fair amount of panhandlers around there.

09:36:04 I find them irritating because I'm in a situation I

09:36:06 can't help them.

09:36:07 I was surprised that the free daily TBT came out citing

09:36:13 70-odd percent of the people on this, because -- and

09:36:19 going into the background of some of the panhandlers.

09:36:22 Well, if these people have criminal records, they can't

09:36:25 find work.

09:36:26 I'm in a situation to know that without a criminal

09:36:28 record because I am black listed.

09:36:32 I identified a chemical years ago that probably has

09:36:34 made a quarter of a million people sick.

09:36:37 So I haven't been able to find work.




09:36:40 But somehow I did make it through without having to

09:36:42 panhandle.

09:36:43 I suppose because I don't really feel it might do much

09:36:47 good.

09:36:47 But actually it does.

09:36:49 I knew a woman in Washington, D.C., and she was Jewish.

09:36:55 So that could dispel the myth of rich.

09:37:00 Her Social Security check was 600 or $700, something

09:37:02 like that, and it almost all went to rent.

09:37:05 The real estate machine.

09:37:08 And to eat she had to go out on the street.

09:37:11 She did it about every other way because she said she

09:37:14 made about $80 or better.

09:37:17 So there are serious issues with that.

09:37:19 And that's why I take exception to something like this

09:37:21 being put on the referendum.

09:37:24 Sometimes in the movie burlesque, I tell people I hate

09:37:29 musicals, but I really liked that one.

09:37:32 Now, I am in the one percent of people who want

09:37:35 referendums, and I say this should not go to

09:37:38 referendums because a prerequisite is people being

09:37:42 educated.




09:37:42 If you want to put this on a referendum in two or three

09:37:45 years from now, do it, because this might be the big

09:37:48 one.

09:37:49 When the economy is doing well, it creates 200,000 odd

09:37:53 jobs a year, 7 million jobs have been lost.

09:37:56 We are talking 35 years.

09:37:58 In a good economy.

09:37:59 To replace those lost jobs.

09:38:02 So we are not talking the kind of people -- sometimes,

09:38:06 Mr. Miranda, I come to your support on that, but

09:38:11 sometimes he kind of dismisses some of the people, and

09:38:14 I know what he means about that.

09:38:15 But the reality is that this is not going to be those

09:38:19 kind of people, it's going to be family and friends,

09:38:21 maybe family and friend of the people who are here.

09:38:24 And then in a year or two, education will have taken

09:38:28 place and people will be in a better position to rule

09:38:33 on something like that if it even comes up.

09:38:36 Quick quickly to postscript something some this of a

09:38:40 different nature, which I meant to bring to people's

09:38:43 attention.

09:38:45 Item 14 involves economic development, and item 25




09:38:50 involves transportation.

09:38:52 Tampa has a resource that may not be appreciated.

09:38:57 I was on a citizens committee against natural gas -- a

09:39:02 natural gas terminal being built at sparrow's point in

09:39:06 Baltimore, and the reason for that was that there was a

09:39:08 neighborhood called DUNDORF five or six miles away, and

09:39:16 whens of though natural gas terminals gets started, the

09:39:19 flames go for five or six miles.

09:39:21 You have a ring of fire.

09:39:25 But the thing is --

09:39:26 (Bell sounds).

09:39:27 >>THOMAS SCOTT: Thank you, sir.

09:39:29 >> There is a place.

09:39:30 >>THOMAS SCOTT: Thank you, sir.

09:39:31 >> For natural gas with trucks and buses.

09:39:35 >>THOMAS SCOTT: Thank you, sir.

09:39:36 >> If it could be brought in here --

09:39:39 >>THOMAS SCOTT: Sir, your time is up.

09:39:40 Next speaker.

09:39:41 Next speaker.

09:39:41 >> Susan long, I would like to touch on a couple things

09:39:52 you said.




09:39:52 This petition first of all does not say if you sign the

09:39:55 petition we are voting to ban panhandling.

09:39:58 The petition says we would like it on the ballot.

09:40:00 I have a next door neighbor who is totally opposed to

09:40:03 banning panhandling.

09:40:05 She said, I want a say.

09:40:09 So the petition is to put it on the ballot and let

09:40:13 people have a say.

09:40:14 People like me who have no say, have no vote at City

09:40:17 Council, I have no power anywhere except that I live

09:40:23 here.

09:40:24 The other thing is you said that this would ban in all

09:40:28 designated roadways, interstate systems, et cetera.

09:40:32 For the purposes of this section, designated roadways

09:40:35 mean interstate system including entrance and exit

09:40:39 ranches, arterial and collector road as identified by

09:40:42 the city transportation manager.

09:40:43 So if it were -- if it were to get on the agenda -- not

09:40:47 the agenda, the ballot, and if it were to pass, it

09:40:51 would then be now designate city roadways.

09:40:55 It doesn't mean everyone.

09:40:56 It doesn't say every major road in Tampa.




09:40:58 It says designated roadways as determined.

09:41:01 So that's another thing.

09:41:03 But one of the things that really bothered me more than

09:41:10 the whole issue is we were given two weeks to collect

09:41:13 18,000 signatures.

09:41:14 City Council members, I have been told -- collect 8,000

09:41:21 signatures, and have almost as long as they want when

09:41:25 they declare they are going to run until the time runs

09:41:27 out.

09:41:27 I know I received e-mail from various and sundry

09:41:30 candidates saying, yippee, we finally got enough

09:41:33 signatures.

09:41:33 And they have been working on it for a couple of

09:41:35 months.

09:41:35 Why on earth could you possibly expect that in two

09:41:39 weeks over the Christmas holiday anybody on anything

09:41:43 could collect 18,000 signatures?

09:41:44 I don't think it's a matter that the people want or

09:41:47 don't want on the ballot.

09:41:48 I think it's a matter of whether or not there was

09:41:51 sufficient time to do it.

09:41:52 Thank you.




09:41:53 >>THOMAS SCOTT: Next speaker.

09:41:55 >>STEVE MICHELINI: This doesn't have anything to do

09:42:00 with soliciting on the right-of-way or panhandling in

09:42:03 any respect.

09:42:03 It has to do with an agenda item that was heard in

09:42:06 December, and that would be E-210-8, chapter 17.5, and

09:42:12 the issue was VRB-10-38 and 101 south Dale Mabry.

09:42:18 I'm respectfully requesting that the council look at

09:42:21 this issue again.

09:42:23 There were a couple of different motions that were

09:42:25 made.

09:42:26 And I believe that one of them was made based upon the

09:42:30 assumption that the sign that was in question could all

09:42:33 become an electronic sign which is completely and

09:42:37 totally incorrect.

09:42:39 And the council then made decisions to remand this back

09:42:42 to the VRB.

09:42:45 And as I had explained in my presentation, because of

09:42:48 the nature of signs, that is not a venue where I can

09:42:52 receive a fair and impartial hearing anymore because

09:42:55 the issue is a policy issue.

09:42:58 And the policy is set by the City Council and not by




09:43:02 the administration.

09:43:04 The enforcement and the interpretation of the code

09:43:08 rests with the administration.

09:43:11 And I'm respectfully request that you look at this

09:43:13 again, that you provide some relief.

09:43:16 The economic hardship presented to my client is

09:43:20 extreme.

09:43:21 It could cost us over $1,000 to get to the appeal

09:43:26 process that was heard in December.

09:43:27 And placing these back before the VRB and having to get

09:43:32 additional transcripts and additional copies and

09:43:34 additional presentation materials that are required by

09:43:38 the code will only exacerbate our ability to receive a

09:43:43 fair and impartial hearing.

09:43:45 And we are respectfully requesting that you look at

09:43:47 this.

09:43:50 I am asking for some relief from your previous motion

09:43:55 and the ability to move forward with the requested

09:44:00 overturn of the VRB that was requested at that time.

09:44:02 >>THOMAS SCOTT: Thank you very much.

09:44:08 We will take that up under requests for reconsideration

09:44:10 of legislative matters.




09:44:11 >>STEVE MICHELINI: Thank you.

09:44:14 >>THOMAS SCOTT: Next speaker.

09:44:15 >>> I just have two questions.

09:44:20 >>THOMAS SCOTT: State your name.

09:44:20 >> My name is Jenny Bronson.

09:44:23 One for Mr. Scott and one for the lady in blue.

09:44:25 You were saying that you have cases for like homeless

09:44:29 recovery, like Metropolitan Ministries and the

09:44:31 Salvation Army.

09:44:32 Well, I have gone there.

09:44:34 And they require money.

09:44:36 The only way you can get in there is that you have a

09:44:38 job.

09:44:38 I have been unemployed now for going into my third

09:44:40 year.

09:44:41 I cannot find work because nobody will give me an

09:44:45 interview.

09:44:46 I have only been on the streets now, this is going to

09:44:48 my second week, and it's not a whole lot of money out

09:44:51 there.

09:44:51 But it does help me when your pocket is broke, when you

09:44:54 are trying to get to a job to fill out an application




09:44:56 or get to an unemployment office.

09:44:59 Walking all the way there when you have no money or no

09:45:02 moneys of putting gas in your car.

09:45:04 So my only alternative was to go out and see what I

09:45:07 could do to help myself because I have done everything

09:45:09 that I can to help myself.

09:45:13 I'm not a beggar but it was the only option that I

09:45:16 have.

09:45:16 And the lady here was saying you was trying to get

09:45:19 people to help themselves.

09:45:20 What do you do at the last end you don't have any

09:45:23 alternative?

09:45:29 >>YVONNE CAPIN: What I said was let us help the people

09:45:31 help themselves.

09:45:33 And by that is exactly what we are doing here.

09:45:38 >> Right.

09:45:40 >>YVONNE CAPIN: We are not -- we are not stopping or

09:45:44 banning what you are doing now to help yourself.

09:45:49 >> Okay.

09:45:52 Because I am at the age now write shouldn't be out

09:45:54 there in the first place but I have no choice because

09:45:57 my options are up.




09:45:58 I want to walk everywhere I go and Tampa is pretty

09:46:02 large.

09:46:03 You cannot walk everywhere you need to go.

09:46:04 I might need to get from one side of town to the other,

09:46:07 and my only option is to walk unless I go hustle to get

09:46:13 gas fair to put money in my car to take me there

09:46:15 because I have no other choice.

09:46:22 Even staffing when you go in now the first thing they

09:46:24 say is we have no job, you haven't even filled out an

09:46:28 application yet.

09:46:30 They have nothing to offer you.

09:46:32 >> It is very true.

09:46:34 That is why I said the shame that we have in this

09:46:37 community, actually the words, it's obscene -- obscene

09:46:47 is the word, that we, in this community, have people

09:46:53 like yourself, and a lady that you can see that is

09:46:59 educated, has worked, is out of work, and now we want

09:47:05 to ban and stop you from being able to get a few

09:47:10 dollars to get yourself bus fare to get -- to fill out

09:47:17 an application.

09:47:18 >> Right.

09:47:21 >>YVONNE CAPIN: The problem that we have is we do not




09:47:23 have housing.

09:47:24 We do not have enough housing for people who are

09:47:26 homeless.

09:47:27 >> Even if you do, it requires you to have a job.

09:47:30 If you don't have a job, you still can't get in there

09:47:33 because I tried to get in several of them, and I tried

09:47:36 to get into Metropolitan Ministries for over two years

09:47:38 and I'm still not in there.

09:47:43 Because I need a roof over my head.

09:47:46 And they offered it but I haven't gotten in there yet.

09:47:50 So I'm still struggling.

09:47:51 >> Where is your shelter now?

09:47:53 >> I don't have a shelter.

09:47:57 I have family that offers me things, but if it's not

09:48:00 going to help my situation there's no point in me going

09:48:04 in there.

09:48:09 So what am I supposed to be left to do?

09:48:11 Just walk everywhere I need to get to?

09:48:16 No, I need help, my clothes clean.

09:48:19 I don't have a job to do that, I can't do that.

09:48:22 So the little extra dollars that you pick out there,

09:48:26 which is not a pocket full of money, but it does help




09:48:28 you out when you are in need.

09:48:31 >>THOMAS SCOTT: Her time ran out.

09:48:33 >>YVONNE CAPIN: I appreciate you coming forward.

09:48:36 Thank you.

09:48:36 >>THOMAS SCOTT: Okay, council.

09:48:42 >>CURTIS STOKES: Ma'am, I'm on the board of

09:48:44 Metropolitan Ministries, and we do offer transitional

09:48:46 housing, individuals like yourself who are in the

09:48:49 process of finding work.

09:48:51 So we do offer transitional housing.

09:48:54 If you go over there today, or call 202-1000 they can

09:49:03 assist you with housing.

09:49:04 >> Well, I have the number, because I was on the single

09:49:06 women's list.

09:49:07 But the list got so long until I went in to do my

09:49:10 evaluation.

09:49:11 And when I went in to do my evaluation, they asked me a

09:49:14 question and I didn't know what they was driving at so

09:49:16 evidently I answered the question wrong and they told

09:49:20 me that I needed mental counseling annal the only way I

09:49:23 could get in was to go through mental counseling.

09:49:26 Well, if these people charge like 100 bucks to give you




09:49:29 an evaluation.

09:49:29 And if I don't have money, where am I going to get $100

09:49:32 to pay a psychologist to give me one which I'm not

09:49:36 mental?

09:49:37 And they won't let me in because of that.

09:49:39 And I have been out there now trying to get in with

09:49:41 them for over several years now.

09:49:43 >>THOMAS SCOTT: Okay, ma'am, if you will meet with my

09:49:46 aide, I'll see how we can assist you, if you meet with

09:49:50 Linda, in I aide, and see if we can meat with

09:49:53 Metropolitan Ministries and resolve your issue.

09:49:55 Next speaker

09:49:56 >> Jim lake, 4218 west San Pedro, here also as a lawyer

09:50:04 for the "The Tampa Tribune" with Gary steel, which Mr.

09:50:07 Caetano mentioned we met with him a few weeks ago to

09:50:10 discuss this issue, and of course we appreciate his

09:50:12 time and the time that all of you spent on this issue

09:50:14 in recent months.

09:50:16 And as council has already noted, you have spent a lot

09:50:19 of time on this issue.

09:50:21 To say that nothing is being done is absolutely untrue.

09:50:25 This task force that Mr. Caetano, Mr. Fletcher, Mrs.




09:50:29 Kert are on, has been studying the issue. We met in

09:50:35 November.

09:50:35 It meets again next week.

09:50:37 County administrator Merrill has asked area newspapers

09:50:40 to come next week and talk about our thoughts about

09:50:42 this issue.

09:50:43 And we are looking forward to that conversation.

09:50:50 Addition we have communicated with Mrs. Kert.

09:50:56 So there's a lot being done to address this problem.

09:50:59 And there's a lot of things that can be done

09:51:02 legislative, that can't be done with a simple yes or no

09:51:05 vote.

09:51:09 There are views that other people brought up that the

09:51:11 task force is looking at.

09:51:13 Mr. Merrill brought up at the last meeting some success

09:51:16 Sarasota County has had in addressing this problem.

09:51:18 And we found a study that USF just completed about that

09:51:22 program in Sarasota County.

09:51:23 So there's some ideas there we ought to look at.

09:51:26 Chairman Scott, you mentioned the idea of the

09:51:29 organizations that are already helping the homeless in

09:51:31 our community.




09:51:32 One idea that Orlando had that addresses the

09:51:36 panhandling problem and helps those organizations is

09:51:39 taking parking meters that are no longer in use and

09:51:43 encouraging folks instead of giving money to a

09:51:46 panhandler, putting in that meter.

09:51:48 The city then takes that money and distributes that to

09:51:52 Orlando's equivalent of Metropolitan Ministries and

09:51:54 homeless coalition.

09:51:56 >>THOMAS SCOTT: I'm aware of that.

09:51:57 >> So that addresses the problem on both ends.

09:51:59 Those ideas can't be put on a ballot with a yes or no

09:52:02 question.

09:52:03 But certainly there's the opportunity for anyone who

09:52:06 wants to contribute to that process to do so.

09:52:11 Mr. Kass says you haven't been working on this.

09:52:14 He's been to that task force meeting.

09:52:15 He's appeared before the group.

09:52:17 So any citizen has the opportunity to participate in

09:52:19 this process.

09:52:20 And to say that it's got to go on the ballot for

09:52:24 democracy to occur is just incorrect.

09:52:26 Finally, I just want to mention as I think council has




09:52:30 already brought up.

09:52:31 Your current regulation is not all or nothing.

09:52:33 So I didn't want something Mr. Fletcher said to be

09:52:36 misunderstood.

09:52:37 We are not talking about a situation where anyone can

09:52:41 walk into moving traffic and do something that's

09:52:43 dangerous.

09:52:44 You already have regulation on the books.

09:52:46 And I talked to councilman Caetano and the city

09:52:49 attorney's office about more stringent safety

09:52:51 regulations.

09:52:54 The he shall you does not need to be an all or nothing

09:52:57 proposition.

09:52:57 Finally, one other point.

09:53:00 As I understood from what I heard this morning, the

09:53:03 proposal to go on the ballot would mimic or copy

09:53:08 St. Pete's ordinance by and large.

09:53:09 That's a problem, because one issue the task force is

09:53:14 wrestling with is the inconsistency with Hillsborough

09:53:16 County's current ordinance and the City of Tampa's.

09:53:18 If you draw St. Petersburg's ordinance there would

09:53:22 still be an inconsistency because St. Petersburg has




09:53:24 different rules than Hillsborough County.

09:53:26 One suggestion that we have made is to be try to make

09:53:28 the laws consistent in the county and the City of

09:53:32 Tampa.

09:53:32 And I think law enforcement supports that.

09:53:34 Thank you.

09:53:36 >>THOMAS SCOTT: And that's what we started out earlier

09:53:38 trying to have a consistent ordinance in the county and

09:53:41 city.

09:53:41 You do know the county already has an ordinance but

09:53:44 it's not in force.

09:53:45 >> Yes, sir, and that raises -- that's a great point.

09:53:49 But I do think that the county could consider modifying

09:53:53 it to track with --

09:53:54 >>THOMAS SCOTT: I understand that, but I am just

09:53:55 dealing you that the Hillsborough County already has an

09:53:58 ordinance.

09:54:02 I can go almost anywhere in the county and point you

09:54:05 where panhandlers are.

09:54:06 That's a fact.

09:54:07 >>JOSEPH P. CAETANO: I want to clarify one thing.

09:54:12 In my attempt, I am not trying to ban panhandling




09:54:16 everywhere, okay.

09:54:17 And basically in the mediums and on the streets.

09:54:23 If they want to GOP into a parking lot and panhandle,

09:54:26 if the owner of the property, if it's a big shopping

09:54:29 center, allows them to have do that, we can't control

09:54:31 that.

09:54:31 >>THOMAS SCOTT: Thank you, sir.

09:54:36 Next speaker?

09:54:37 Anyone else from the public?

09:54:39 Okay.

09:54:39 Thank you very much.

09:54:41 That will conclude our public comments.

09:54:43 We have a request for a reconsideration for a

09:54:45 legislative matter.

09:54:46 You heard that coming forth from Mr. Michelini.

09:54:52 What's the pleasure of council?

09:54:54 >> So moved.

09:54:58 >>CHARLIE MIRANDA: I'll second that, Mr. Chairman.

09:54:59 May I speak on it?

09:55:01 >> Yes.

09:55:02 >>CHARLIE MIRANDA: I would like to make a motion that

09:55:04 the City Council reconsider this motion to remand it




09:55:07 back to the Variance Review Board, and I'll tell you

09:55:10 why.

09:55:12 When we had this hearing, and it was a rather lengthy

09:55:15 one, there was an inconsistency on not our part but

09:55:21 other sectors of government to indicate where we were

09:55:26 talking about a sign, total sign, and I don't think

09:55:28 that we realize it that it was about certain signs of

09:55:33 certain sizes and 50%, if I recall, of limitation of

09:55:37 that sign.

09:55:37 The sign that we are talking about, if I recall -- this

09:55:44 is again some time back -- was on Kennedy and Dale

09:55:47 Mabry on the southwest corner.

09:55:50 I stand corrected because I am going by memory at any

09:55:53 time.

09:55:53 And that sign had, I believe, two or three companies

09:55:57 that had moved already out, and they were changing the

09:56:01 face of the sign when they were told you can't do that.

09:56:03 And that's when this, I believe if I recall, came to

09:56:08 where it's at today, came through the VRB, came back to

09:56:11 the council, and that's the reason that I would like to

09:56:14 rehear that case to make sure that the staff

09:56:19 presentation to me, anyway, that I understood all the




09:56:24 Is and Ts on that subject matter, and that's the

09:56:28 reason I second it, Mr. Chairman.

09:56:29 >>THOMAS SCOTT: Let me make sure we are clear on the

09:56:32 motion.

09:56:32 I thought his request is that it come back to City

09:56:35 Council, and I think I heard-but the motion you

09:56:40 seconded said go back.

09:56:43 >>CHARLIE MIRANDA: I said to make a motion that the

09:56:44 City Council rescind.

09:56:48 You can't say I want it back, we already made a motion

09:56:49 to send it so I think you have to rescind what you sent

09:56:52 in order to have another motion to bring it back to us.

09:56:54 I may be wrong.

09:56:55 I'm not an attorney.

09:56:56 >>MARTIN SHELBY: If I can, there are several points.

09:57:00 First I believe the motion to reconsider would

09:57:02 encompass that, because that would bring back that

09:57:05 original motion and you can decide what it is that you

09:57:07 want to do with it then.

09:57:08 The other issue that needs to be addressed, council,

09:57:11 procedurally, is that this is not a legislative matter,

09:57:13 this is a quasi-judicial matter.




09:57:16 And the distinction with that raises the issue that you

09:57:20 per council's rules that a quasi-judicial matter is not

09:57:24 subjects to reconsideration except as provided by city

09:57:27 code.

09:57:27 And I'll raise an issue later on that I think city code

09:57:30 needs to address it in a better way that it does now

09:57:33 and that would be my recommendation.

09:57:34 But council, if you do make that motion to reconsider,

09:57:37 my suggestion would be if you do want to take it up

09:57:39 that you do waive your rules to allow this.

09:57:42 There is an issue as Mr. Michelini did raise to refresh

09:57:45 your recollection.

09:57:46 City Council made a policy decision last year that you

09:57:49 would not be sending things back to the VRB, that when

09:57:53 there was a factual issue, you would be able to hear

09:57:55 it.

09:57:56 And that's where from now on you have things coming to

09:57:58 you de novo.

09:57:59 This case is the last case under the old standard of

09:58:04 review.

09:58:06 And from this point on, this problem should not exist

09:58:09 because you will have the opportunity to take new




09:58:10 factual evidence and make that determination.

09:58:12 So this is a unique situation.

09:58:14 So if council does wish to waive its rules for

09:58:17 reconsideration to allow for reconsideration of a

09:58:20 quasi-judicial matter, it may do so.

09:58:23 So the motion and order would be then to waive the

09:58:25 rules.

09:58:25 >>THOMAS SCOTT: Okay.

09:58:30 Then councilman Caetano.

09:58:32 >>MARY MULHERN: I would like to point out to council

09:58:37 that the petitioner had wanted an exception.

09:58:43 Is it a variance that you asked for?

09:58:45 What is it?

09:58:50 >>STEVE MICHELINI: There was a variance --

09:58:52 >>MARY MULHERN: So the petitioner went to the Variance

09:58:54 Review Board which was our policy at the time and had a

09:58:56 hearing.

09:58:57 It was denied.

09:59:01 Then they appealed that and they came to us, and we had

09:59:05 a hearing.

09:59:05 And we sent it back to the Variance Review Board.

09:59:08 So at this point, this council has already -- is




09:59:13 already giving this petitioner the opportunity to get

09:59:20 relieve from a law, a -- relief from a code, an

09:59:25 ordinance that we passed.

09:59:26 Now they get to go back again and be reheard again.

09:59:30 So this petitioner will have the opportunity to present

09:59:33 their case with all these facts.

09:59:38 To me, to ask us to hear this again, when someone is

09:59:43 asking for an exception to the law, they have had two

09:59:48 hearings already, they want to skip the opportunity to

09:59:51 go back to the board.

09:59:54 And I also want to point out that this Variance Review

09:59:56 Board is a volunteer board that takes this very

09:59:59 seriously, their responsibility, and if this council

10:00:03 continues to not adhere to the decisions that they make

10:00:09 based on the advice of our legal counsel and rethink I

10:00:16 that, I don't think there's a need for us to do this.

10:00:18 I think whatever facts that you feel like you weren't

10:00:21 able to present at your first variance review board

10:00:24 hearing, and at the last council meeting, you have

10:00:27 another opportunity to present it to the Variance

10:00:29 Review Board.

10:00:31 So I am not going to vote to rescind our rules or to




10:00:36 reconsider this on council.

10:00:38 It's like we keep rehearing the same cases.

10:00:42 You know, I feel like we are not doing our job if we

10:00:46 can't follow the code that we have adopted and we

10:00:50 can't, you know, give ample opportunity for appeals and

10:00:54 deal with whatever process in between when the laws

10:00:57 were changed.

10:00:58 >>JOSEPH P. CAETANO: There's a similar sign to this

10:01:03 one on Fletcher Avenue, that I believe they want the

10:01:09 middle part to be digital, and I believe right across

10:01:14 the street is the city.

10:01:16 It's all intertwined.

10:01:19 You have one law on one side of the street and you have

10:01:21 another law on the other side of the street.

10:01:23 And I think we have got to unite and make it he is why

10:01:29 are for people to prevail in their business.

10:01:31 And this is probably if main reason why the petitioner

10:01:34 is before us today, because it's going to hurt the

10:01:39 businesses that are there.

10:01:40 >>THOMAS SCOTT: Okay, there's a motion on the floor

10:01:41 to --

10:01:44 >>MARTIN SHELBY: Is there a motion on the floor to




10:01:46 waive the rules and a second?

10:01:49 >> Yeah.

10:01:49 Well, I thought you seconded his motion, the motion to

10:01:54 reconsider.

10:01:55 Is that what the motion was?

10:01:57 Then you vote on changing the rules?

10:01:58 Is that what your recommendation is, counselor?

10:02:02 >>MARTIN SHELBY: Well, the concern that I have --

10:02:06 >> What do we need to do first, procedurally?

10:02:11 >>MARTIN SHELBY: Procedurally, if council wishes to

10:02:12 take up a reconsideration of a quasi-judicial matter,

10:02:15 as your rules are presently structured, you need to

10:02:18 change -- you need to waive your rules.

10:02:21 So that requires unanimous vote of council.

10:02:27 That is the way your rules are structured.

10:02:29 It says except as provided by city code.

10:02:31 Normally, I will state, council -- and I'll bring this

10:02:34 up now because --

10:02:36 >>THOMAS SCOTT: Listen, listen, it's 10:00.

10:02:39 We have spent 45 minutes on something that wasn't on

10:02:43 our agenda.

10:02:44 Now we have another 15 minutes on something that's not




10:02:47 on our agenda.

10:02:48 The time is getting away from us.

10:02:49 All I want to know is procedurally.

10:02:51 Procedurally, you said all that we can do is vote the

10:02:54 to waive our rules.

10:02:56 Now, I need a motion to vote to waive the rules.

10:02:59 >> I so move.

10:03:01 >> Second.

10:03:02 >>THOMAS SCOTT: There's a motion and second to vote to

10:03:04 waive the rules.

10:03:05 Is that right, council?

10:03:07 >> Do we need five votes, Mr. Chairman?

10:03:10 >> I don't know how many you need.

10:03:11 >> Per your rules, any of the foregoing rules may be

10:03:13 temporarily suspended for the meeting then in session

10:03:15 by unanimous vote of the members of council then

10:03:18 present, unless such waiver is in conflict with the

10:03:21 charter or state or local law.

10:03:23 >>THOMAS SCOTT: Motion to waive the rules.

10:03:25 All in favor signify by saying Aye.

10:03:27 Opposes?

10:03:30 >>THE CLERK: Motion nails with Mulhern voting no.




10:03:34 >>THOMAS SCOTT: Okay.

10:03:36 So then there are no other options at this point.

10:03:39 Is that right, council?

10:03:40 Mr. Shelby?

10:03:42 >>MARTIN SHELBY: If I could, Mr. Chairman.

10:03:45 >>THOMAS SCOTT: No, sir.

10:03:47 Mr. Shelby, talking to our legal counsel here, our

10:03:51 attorney.

10:03:52 >>MARTIN SHELBY: I am not a of any other methods in

10:03:56 which council can take this up.

10:03:57 I will consider, but presently I can't see any other

10:03:59 way.

10:03:59 >> Well, give it some thought, come back to us then at

10:04:03 the end of this agenda.

10:04:06 Let's finish this agenda.

10:04:07 Thank you.

10:04:08 Ms. Miller, right now, we have to follow our own rules.

10:04:15 Okay?

10:04:18 Committee reports.

10:04:20 Gwen Miller.

10:04:21 >>GWEN MILLER: Move resolutions 1 and 2.

10:04:25 >> Second.




10:04:27 >>THOMAS SCOTT: All in favor?

10:04:28 Opposes?

10:04:28 Parks and recreation, councilman Stokes.

10:04:32 >>CURTIS STOKES: Move 3 through 10, and the substitute

10:04:36 agreement number 5.

10:04:38 >>CHARLIE MIRANDA: Second.

10:04:39 >>THOMAS SCOTT: Motion and second.

10:04:40 All in favor?

10:04:40 Opposes?

10:04:41 Okay.

10:04:42 Public works, councilman Miranda.

10:04:46 >>CHARLIE MIRANDA: Move item number 11.

10:04:48 >>YVONNE CAPIN: Second.

10:04:49 >>THOMAS SCOTT: All in favor?

10:04:50 Opposes?

10:04:51 Okay.

10:04:51 Councilwoman Mulhern, Finance Committee.

10:04:53 >> I move 12 and 13.

10:05:04 No, just item 13.

10:05:09 >>CHARLIE MIRANDA: Second.

10:05:10 >>THOMAS SCOTT: All in favor?

10:05:11 Opposes?




10:05:11 Building and zoning.

10:05:13 Councilman Caetano.

10:05:14 >>JOSEPH P. CAETANO: I want to move items 14 to 24.

10:05:17 Number 19 has been removed.

10:05:18 >>MARY MULHERN: Second.

10:05:22 >>THOMAS SCOTT: Moved and seconded.

10:05:24 Item 18, 35 new jobs through the qualified target

10:05:29 industry, pointing that out.

10:05:32 Moved and seconded item 19 being pulled, put understood

10:05:36 staff reports.

10:05:37 All in favor signify by saying Aye.

10:05:39 Opposes?

10:05:40 Transportation committee, councilwoman Capin.

10:05:44 >>YVONNE CAPIN: I move items 25 through 27.

10:05:48 >>CHARLIE MIRANDA: Second.

10:05:49 >>THOMAS SCOTT: All in favor?

10:05:50 Opposes?

10:05:52 >>GWEN MILLER: Set public hearings number 28.

10:05:57 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

10:05:59 All in favor signify by saying Aye.

10:06:01 Opposes?

10:06:04 >>CHARLIE MIRANDA: Move to open item 29 through 39.




10:06:07 I believe that's in order.

10:06:14 >>YVONNE CAPIN: Second.

10:06:14 >>THOMAS SCOTT: All in favor?

10:06:17 Opposes?

10:06:18 Okay.

10:06:20 Witnesses need to be sworn.

10:06:22 Please stand at this time and be sworn.

10:06:23 (Oath administered by Clerk).

10:06:34 >> Hopefully we can get through these in a few minutes

10:06:37 and then take up staff reports quickly here.

10:06:39 Okay.

10:06:42 Item 29.

10:06:42 Anyone here that wishes to be heard on item 29?

10:06:45 Anyone from the public wish to be heard on item 29?

10:06:48 >>GWEN MILLER: Move to close.

10:06:49 >> Second.

10:06:50 >>THOMAS SCOTT: All in favor?

10:06:52 Councilman Stokes, do you want to read item 29?

10:06:56 >> Ordinance presented for second reading and adoption,

10:06:59 an ordinance vacating, closing, discontinuing,

10:07:02 abandoning a certain right-of-way all that portion of

10:07:04 Brevard Avenue lying south of John F. Kennedy Boulevard




10:07:08 north of Cleveland street, east of fielding street and

10:07:11 west of Magnolia street including a request to displace

10:07:14 a brick street lying in or over the same certain

10:07:17 right-of-way in plan of Washington's subdivision in the

10:07:21 City of Tampa, Hillsborough County the same being more

10:07:23 fully described in section 2 hereof subject to certain

10:07:26 easements, covenants, conditions and restrictions as

10:07:28 more particularly described herein providing an

10:07:30 effective date.

10:07:31 >>THOMAS SCOTT: It's been moved an seconded.

10:07:33 Record your vote.

10:07:33 >>THE CLERK: Motion carried with Caetano and Capin

10:07:44 being absent at vote.

10:07:45 >>THOMAS SCOTT: Item 30.

10:07:48 Anyone from the public wish to be heard?

10:07:52 >>ABBYE FEELEY: Land Development Coordination.

10:07:54 Item number 30, 32, 33, 34, 35, 36, 37, 38 and 39

10:08:05 required certified site plans.

10:08:07 Those site plans have been certified by the zoning

10:08:09 administrator, and I have those files available for

10:08:12 your review should you need them.

10:08:14 Let me just correct myself.




10:08:16 Item 39 was a Euclidean.

10:08:18 Did it not require a site plan so it was just those

10:08:20 items through 38.

10:08:21 Thank you.

10:08:28 Item 30.

10:08:29 Anyone wish to be heard?

10:08:30 >> Move to close.

10:08:31 (Motion carried).

10:08:32 >>MARY MULHERN: Move an ordinance for second reading

10:08:34 and adoption, an ordinance rezoning property in the

10:08:37 general vicinity of 606, 608, 702 and 722 West Kennedy

10:08:41 Boulevard, 107, 109, 110, 111, 112, 113, 114 and 115

10:08:48 south Brevard street, 603, 605, 607, 610, 707 and 711

10:08:56 Cleveland street, 108, 110 and 112 south fielding

10:08:59 Avenue, and 115 south Magnolia Avenue in the city of

10:09:02 Tampa, Florida, and more particularly described in

10:09:05 section 1 from zoning district classifications CG

10:09:08 commercial general, OP office professional, and PD

10:09:12 planned development, to PD planned development, office,

10:09:14 business, professional, parking/temporary, providing

10:09:18 an effective date.

10:09:18 >>THOMAS SCOTT: Moved and seconded.




10:09:21 Record your vote, please.

10:09:22 >>THE CLERK: Motion carried with Caetano and Capin

10:09:29 being absent at vote.

10:09:30 >>GWEN MILLER: Item 31.

10:09:32 Anyone wishing to be heard on item 31?

10:09:35 Anyone wishing to be heard on item 31?

10:09:38 Motion to close, please.

10:09:39 >>GWEN MILLER: Move to close.

10:09:40 >> Second.

10:09:42 >>THOMAS SCOTT: All in favor?

10:09:44 Opposes?

10:09:44 Councilman Miranda.

10:09:46 >>CHARLIE MIRANDA: Move an ordinance presented for

10:09:49 second reading and adoption, an ordinance vacates

10:09:52 clogging discontinuing abandoning a certain royalty all

10:09:55 that alleyway lying south of Hiawatha street, north of

10:09:59 Pocahontas Avenue, east of willing ton Avenue and west

10:10:03 of branch Avenue, in the map of JOSIAH Richardson's

10:10:13 center hill subdivision, a subdivision in the city of

10:10:16 Tampa, Florida, Hillsborough County, the same being

10:10:17 more fully described in section 2 hereof subject to

10:10:20 certain covenants, conditions and restrictions as more




10:10:24 particularly described herein, providing an effective

10:10:25 date.

10:10:27 >>THOMAS SCOTT: Moved and second seconded.

10:10:29 Second?

10:10:30 >> Second.

10:10:31 >>THOMAS SCOTT: Okay, moved and seconded.

10:10:33 Record your vote.

10:10:34 >>THE CLERK: Motion carried with Caetano and Capin

10:10:43 being accent at vote.

10:10:45 >>THOMAS SCOTT: Item 32.

10:10:46 Anyone wish to -- to be heard on item 32?

10:10:51 Moved and seconded.

10:10:52 Item 32.

10:10:53 >>GWEN MILLER: Move to adopt the following ordinance

10:10:56 upon second reading, an ordinance approving a special

10:10:58 use permit S-2 approving a banks with a drive-in window

10:11:01 and CG commercial general zoning district general

10:11:06 vicinity of 4601 West Kennedy Boulevard in the city of

10:11:09 Tampa, Florida and as more particularly described in

10:11:10 section 1 hereof providing an effective date.

10:11:13 >>THOMAS SCOTT: Moved and seconded.

10:11:14 Record your vote.




10:11:15 >>THE CLERK: Motion carried with Caetano and Capin

10:11:24 being absent at vote.

10:11:27 >>THOMAS SCOTT: Item 33.

10:11:28 Anyone wishing to be heard on item 33?

10:11:30 >>CHAIRMAN: Move to close.

10:11:31 >> Second.

10:11:33 >>THOMAS SCOTT: All in favor?

10:11:34 Councilman Miranda?

10:11:36 >>CHARLIE MIRANDA: Move an ordinance presented for

10:11:37 second reading and adoption, an ordinance approving a

10:11:40 special using permit S-2 for alcoholic beverage sales

10:11:43 large venue making lawful the sale of beverages

10:11:47 containing alcohol of more than 1% by weight and not

10:11:50 more than 14% by weight and wines regardless of

10:11:53 alcoholic content beer and wine 2(APS) in sealed

10:11:56 containers for consumption off premises only at or from

10:11:59 that certain lot, plot or tract of land located at 3625

10:12:02 West Gandy Boulevard Tampa, Florida as more

10:12:05 particularly described in section 2 hereof providing

10:12:07 for repeal of all ordinances in conflict, providing an

10:12:10 effective date.

10:12:11 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.




10:12:13 Record your vote, please.

10:12:14 >>THE CLERK: Motion carried with Caetano and Capin

10:12:17 being absent at vote.

10:12:19 >>THOMAS SCOTT: Item 34.

10:12:20 Anyone wishing to be heard on item 34?

10:12:22 Anyone wish to be heard on item 34?

10:12:25 Motion to close, please.

10:12:27 >>CHARLIE MIRANDA: So moved.

10:12:28 >> Second.

10:12:29 >>THOMAS SCOTT: All in favor?

10:12:30 Councilwoman Mulhern.

10:12:31 >>MARY MULHERN: I move an ordinance being presented

10:12:33 for second reading and adoption, an ordinance approving

10:12:35 a special using permit S-2 for alcoholic beverage sales

10:12:38 large venue and making lawful the sale of beverages

10:12:41 regardless of alcoholic content, beer wine and liquor,

10:12:45 4(COP-X) for consumption on premises only at or from

10:12:47 that certain lot, plot or tract of land located at 9057

10:12:52 North Florida Avenue Tampa, Florida as more

10:12:53 particularly described in section 2 hereof imposing

10:12:56 certain conditions based upon the location of the

10:12:58 property, providing for repeal of all ordinances in




10:13:01 conflict, providing an effective date.

10:13:04 >>THOMAS SCOTT: Moved and seconded.

10:13:05 Record your vote, please.

10:13:06 >>THE CLERK: Motion carried with Caetano and Capin

10:13:12 being absent at vote.

10:13:14 >>THOMAS SCOTT: Item 35.

10:13:15 Anyone wishing to be heard on item 35?

10:13:18 >>GWEN MILLER: Move to close.

10:13:19 >> Second.

10:13:21 >>THOMAS SCOTT: Moved and seconded.

10:13:22 All in favor?

10:13:22 Opposes?

10:13:23 Councilman Stokes.

10:13:25 >>CURTIS STOKES: An ordinance for second reading and

10:13:27 adoption, an ordinance approving a special use permit

10:13:29 S-2 for alcoholic beverage sales small venue and making

10:13:33 lawful the sale of beverages containing alcohol of more

10:13:35 than 1% by weight and not more than 14% by weight and

10:13:39 wines regardless of alcoholic content beer and wine

10:13:41 2(COP) for consumption on premises and in sealed

10:13:44 containers for consumption off premises at or from that

10:13:47 certain lot, plot or tract of land located at 4213




10:13:51 south Manhattan Avenue, Tampa, Florida as more

10:13:54 particularly described in section 2 hereof providing

10:13:56 for repeal of all ordinances in conflict providing an

10:13:58 effective date.

10:14:00 >>THOMAS SCOTT: Moved and seconded.

10:14:01 Record your vote, please.

10:14:02 >>THE CLERK: Motion carried with Caetano and Capin

10:14:07 being absent at vote.

10:14:09 >>THOMAS SCOTT: Item 36.

10:14:10 Anyone wishing to be heard on item 36?

10:14:12 >> Move to close.

10:14:12 >> Second.

10:14:15 >>THOMAS SCOTT: All in favor?

10:14:16 Councilwoman Miller.

10:14:17 >>CHAIRMAN: Move to adopt the following ordinance upon

10:14:19 second reading, an ordinance approving a special use

10:14:21 permit S-2 approving a public service facility

10:14:25 stormwater lift station in an RS-60 residential

10:14:28 single-family zoning district in the general vicinity

10:14:30 of 2921 west Alline Avenue in the city of Tampa,

10:14:37 Florida and more particularly described in section 1

10:14:39 hereof providing an effective date.




10:14:41 >>THOMAS SCOTT: Seconded by Councilwoman Mulhern.

10:14:44 Record your vote, please.

10:14:45 >>THE CLERK: Motion carried with Caetano and Capin

10:14:51 being absent at vote.

10:14:53 >>THOMAS SCOTT: Anyone wishing to be heard on item 37?

10:14:56 >>GWEN MILLER: Move to close.

10:14:57 >>THOMAS SCOTT: Moved and seconded.

10:14:58 All in favor?

10:15:00 Councilwoman Miranda.

10:15:03 >>CHARLIE MIRANDA: Move an ordinance for second

10:15:05 reading, an ordinance rezoning property general

10:15:09 vicinity of 4006 east Hillsborough Avenue in the city

10:15:14 of Tampa, Florida and more particularly described in

10:15:16 section 1 from zoning district classifications PD

10:15:19 planned development, restaurant, drive-in, to PD,

10:15:22 planned development, restaurant, drive-in, providing an

10:15:24 effective date.

10:15:27 >>CURTIS STOKES: Second.

10:15:27 >>THOMAS SCOTT: All in favor?

10:15:30 Record your vote, please.

10:15:31 >>THE CLERK: Motion carried with Caetano and Capin

10:15:35 being absent at vote.




10:15:36 >>THOMAS SCOTT: Anyone wish to be heard on item 38?

10:15:39 >> Move to close.

10:15:39 >> Second.

10:15:41 >>THOMAS SCOTT: All in favor?

10:15:41 Opposes?

10:15:42 Item 38.

10:15:43 Councilwoman Mulhern.

10:15:44 >>MARY MULHERN: I move an ordinance being presented

10:15:46 for second reading and adoption, an ordinance rezoning

10:15:49 property in the general vicinity of 3109 west Azeele

10:15:53 street in the city of Tampa, Florida and more

10:15:54 particularly described in section 1 from zoning

10:15:58 district classification PD planned development, office,

10:16:00 business professional, to PD, planned development,

10:16:03 office, medical, providing an effective date.

10:16:04 >>THOMAS SCOTT: Moved and seconded by councilman

10:16:09 Miranda.

10:16:15 Record your vote, please.

10:16:15 >>THE CLERK: Motion carried with Caetano and Capin

10:16:19 being absent at vote.

10:16:21 >>THOMAS SCOTT: Item 39.

10:16:22 Anyone wishing to be heard on item 39?




10:16:26 >>CHARLIE MIRANDA: Move to close.

10:16:27 >> Second.

10:16:29 >>THOMAS SCOTT: All in favor?

10:16:30 Councilman folks.

10:16:34 >>GWEN MILLER: He can't read that one.

10:16:36 >>THOMAS SCOTT: That's right.

10:16:37 >>CHARLIE MIRANDA: Move an ordinance presented for

10:16:38 second reading and adoption, an ordinance rezoning

10:16:41 property in the general vicinity of 2001 west Adamo

10:16:44 Drive, in the city of Tampa, Florida and more

10:16:47 particularly described in section 1 from zoning

10:16:49 district classification I-4 heavy industrial heavy to

10:16:54 IG industrial general providing an effective date.

10:16:58 >>THOMAS SCOTT: We have a legal issue, I understand.

10:17:00 >>MARTIN SHELBY: It's my understanding you are going

10:17:03 to have to abstain from that?

10:17:05 >>CURTIS STOKES: Yes, sir.

10:17:05 >>THOMAS SCOTT: My recommendation is to reopen the

10:17:08 public hearing and have Mr. Stokes state the reason for

10:17:11 abstaining.

10:17:11 >>THOMAS SCOTT: It's got to be unanimous.

10:17:22 The rules apply to everybody.




10:17:24 [ Laughter ]

10:17:25 >> Moved and seconded.

10:17:27 All in favor?

10:17:28 >>MARTIN SHELBY: Thank you.

10:17:29 Florida law requires you to state what the basis for

10:17:31 your conflict is, sir.

10:17:35 >>CURTIS STOKES: My employer is selling to the

10:17:41 gentleman petitioning for the rezoning.

10:17:43 >> And for that reason you abstain and you I will

10:17:46 prepare the paperwork to file.

10:17:49 >>CURTIS STOKES: Yes, sir.

10:17:50 >>MARTIN SHELBY: Thank you.

10:17:51 I apologize, Mr. Chairman.

10:17:53 >>THOMAS SCOTT: Motion to close.

10:17:53 So moved.

10:17:54 All in favor?

10:17:57 >>CHARLIE MIRANDA: Mr. Chairman, item number 39, move

10:17:59 an ordinance presented for second reading and adoption,

10:18:02 an ordinance rezoning property in the general vicinity

10:18:05 of 2001 west Adamo Drive in the city of Tampa, Florida

10:18:09 and from zoning district classification IH industrial

10:18:15 heavy to IG industrial general providing an effective




10:18:18 date.

10:18:18 >>THOMAS SCOTT: Moved and seconded.

10:18:22 Record your vote, please.

10:18:23 >>THE CLERK: Motion carried with Caetano and Capin

10:18:32 being absent at vote, and also Stokes abstaining.

10:18:35 >>THOMAS SCOTT: That conclude those items.

10:18:41 Let's take up item 19 first.

10:18:44 Item 19.

10:18:45 Then we'll take up item 12.

10:18:47 Item 19.

10:19:01 >>CINDY MILLER: Management services.

10:19:02 And just to give you an outline of this item, and then

10:19:06 I will certainly be happy to elaborate on that if

10:19:08 necessary.

10:19:08 We bring you this because we think this is a means by

10:19:16 which we can effectively get money from the federal

10:19:19 government and state out into our affordable housing

10:19:21 market and be able to take initiative quickly and also

10:19:25 help small businesses as well as not-for-profit

10:19:27 organizations.

10:19:28 We basically are doing this because we have some

10:19:31 lessons learned.




10:19:32 One is that this particular form of documentation which

10:19:35 is a lien -- and I'll tell you how that works in a

10:19:38 minute -- is something we have used for home ownership

10:19:41 rehabilitation projects for a number of years, and it

10:19:43 is very effective.

10:19:44 And basically goes address by address as opposed to one

10:19:47 large contract going to someone to a contractor, not

10:19:51 for profit.

10:19:51 We also learned, and I believe most of the members of

10:19:54 council were here for our neighborhood stabilization

10:19:57 program phase 1, and we have some difficulties that we

10:20:01 were able to overcome with the cooperation of council

10:20:03 at the time, when we committed more dollars to certain

10:20:07 organizations or contractors than they were able to

10:20:10 fulfill, not necessarily through any fault of their

10:20:13 own, but because it bound up money that we could have

10:20:18 reutilize.

10:20:20 And by doing it as one large contract we ran into

10:20:23 difficulties with that.

10:20:24 Also cooperated and helped us to be able to get money

10:20:26 out on the street, but this by combining the

10:20:30 rehabilitation and the NSP-1 we feel this form of




10:20:34 contract works best.

10:20:36 Let me give you a very brief snippet as to how this

10:20:39 works.

10:20:39 If we have an abandoned foreclosed property, and we

10:20:42 have issued sort of not a contract but an award to,

10:20:48 say, a not-for-profit organization or independent

10:20:51 contractor, to purchase it for $50,000, under federal

10:20:55 requirements, we must buy it for appraised value minus

10:20:59 1 percent.

10:21:00 So we do appraisals.

10:21:01 It's all documented and allow them to acquire for that

10:21:05 price, for 99% of appraised value.

10:21:07 Then they put $30,000 of rehabilitation into it to make

10:21:11 it a livable house, either for lease with option to buy

10:21:14 for individuals, or actual direct home ownership.

10:21:18 So we have $80,000 invested in this particular address.

10:21:23 What this resolution authorizes us to do is put in

10:21:27 effect an $80,000 lien on that property while the

10:21:32 contractor, not for profit owns it, and rehabilitates

10:21:35 it.

10:21:36 Then when a new homeowner takes over, they get

10:21:41 financing.




10:21:42 We will keep down payment assistance.

10:21:45 Using the example I just mentioned of $80,000 through

10:21:48 our review of individuals' ownership, they'll have a

10:21:52 20% down payment.

10:21:53 So they have $18,000 down payment.

10:21:55 The remainder would go through conventional financing,

10:21:58 and that way we release that lien.

10:22:02 The key is we are putting federal an state grant funds

10:22:04 into a program.

10:22:05 We want to make sure the contractor is or not for

10:22:09 profit fulfill their obligations so if they don't go

10:22:12 forward we'll pull the pull the property back.

10:22:14 By doing it address by address with this form of lien,

10:22:18 it means we are not going to say take a million dollars

10:22:20 for ten houses and award it to one contractor.

10:22:24 If that contractor comes to us with one or two

10:22:26 addresses, we will put the liens on those one or two

10:22:30 addresses.

10:22:31 And then when they have completed or sold or leased

10:22:33 those properties, if they are ready to go with number

10:22:36 three and four, we will be able to afford them three

10:22:39 and four.




10:22:39 And that's the mechanism we have used for our

10:22:41 rehabilitation contracts for basically millions of

10:22:43 dollars per year, utilized in past years.

10:22:47 We can also go the opposite direction.

10:22:48 As a lot of you know with older homes you open up a

10:22:51 wall, you don't know what's behind it.

10:22:52 If we need to give them a little more rehabilitation

10:22:54 money, we are able to dot.

10:22:56 The resolution mentions a number of funding sources.

10:22:59 It mentions TIF and neighborhood stabilization and

10:23:02 other federal and state programs, because TIF moneys in

10:23:06 East Tampa cannot really be used for enter your

10:23:08 modification.

10:23:09 County only be used for exterior.

10:23:10 If we want to use a little bit of TIF money to fix up

10:23:13 the outside that's not eligible for NSP, we use a

10:23:17 little TIF money, use NSF money to rehabilitate it so

10:23:21 it gives us flexibility and really gives us a business

10:23:23 approach that has worked effectively in the past.

10:23:26 What we are looking at using this for is for

10:23:29 single-family homes, single-family homes under HUD can

10:23:31 be one to four units, and then we will be back to you




10:23:34 in the coming weeks with some multifamily opportunities

10:23:37 that will be for rental that will be much larger

10:23:40 capability.

10:23:40 So we have already utilized some of our NSP-2 money

10:23:46 that is already a program that you have seen with Tampa

10:23:48 crossroads.

10:23:49 This would utilize the rest of NSP-2.

10:23:53 We also have the time deadline because this is where we

10:23:55 are the subrecipients.

10:23:58 Subrecipients of the Housing Authority.

10:24:00 From the standpoint of being a subrecipient to the

10:24:02 Housing Authority we have commitments to them to get

10:24:04 these moneys committed by June 30th.

10:24:07 At least half of them committed and expended and we

10:24:10 will be doing that.

10:24:12 The entities that we intend to utilize, this particular

10:24:17 lien mechanism for, are six contractors, and

10:24:21 not-for-profit organizations that will be acquiring

10:24:24 fixing up and selling abandoned, foreclosed homes, and

10:24:27 then seven not for profit entities that will be

10:24:31 acquiring clean-up and leasing with option to buy other

10:24:35 abandoned, foreclosed homes.




10:24:37 Society it gives flexibility.

10:24:39 One other point when I mentioned about having these

10:24:43 larger contracts before.

10:24:43 In order to sometimes free up the dollars, one

10:24:46 mechanism that we had to utilize was to adult or cancel

10:24:49 the contract on somewhat.

10:24:51 A lot of you that worked in either private enterprise

10:24:54 or government before realize, you don't want to set up

10:24:57 a contractor or not for profit for failure.

10:25:01 And by having that kind of a record, it's not good for

10:25:03 them if they want to go to other government contracts.

10:25:06 So we think doing this on a gradual basis with each of

10:25:09 these entities will help them develop their capacity,

10:25:12 and especially the not-for-profits will be able to give

10:25:17 them a good source.

10:25:18 And I know that you had extensive discussions before

10:25:20 that have been we don't have to revisit from earlier

10:25:22 today.

10:25:22 This is a mechanism for getting some of the families

10:25:24 that have never been homeless before into affordable

10:25:27 house, because this will serve as a broad range of

10:25:30 folks that are in the 120% or less of area median




10:25:35 income.

10:25:35 I'm sorry, I was a bit longer.

10:25:37 >>THOMAS SCOTT: Well, I asked Mrs. Miller to come today

10:25:41 when I read the agenda and went through the material

10:25:43 and the backup, and it was on consent, and a program of

10:25:47 this nature and money, first it appeared like a new

10:25:52 program, but I understand somewhat of a hybrid.

10:25:55 So I thought it would be good if she come today and

10:25:58 explain to us this particular program, because here

10:26:00 again, it's another tool that the city has to be able

10:26:05 to help affordable housing, and to help neighborhoods,

10:26:09 and as she just stated help those who are homeless, to

10:26:12 get back on their feet, that sort of thing.

10:26:15 So I thought it would be wise to have her come today

10:26:19 and kind of explain to council.

10:26:20 You may have some additional questions.

10:26:22 I don't know.

10:26:22 We talked about it yesterday, and I have talked about

10:26:25 maybe a cap on the amount, but after giving this some

10:26:29 thought, I'll leave that alone for right now.

10:26:31 Okay.

10:26:32 We want the program to be successful.




10:26:34 And this is for the NSB-2.

10:26:41 >> And we also reference NSP-1 and other sources

10:26:45 because we may get some program revenue back.

10:26:47 We are starting to sell homes from NSP-1 so again week

10:26:52 recycle dollars into this program.

10:26:54 >>MARY MULHERN: I mostly understand it but I guess my

10:26:58 question is -- well, a couple of questions.

10:27:02 What is the change -- is the change here that you are

10:27:05 allowing more than one organization, one corporation,

10:27:13 to actually do this with multiple properties?

10:27:16 Is that -- what is the change from what our current

10:27:19 procedure is?

10:27:22 >>> We had done under NSP-1 for the single-family

10:27:26 homes.

10:27:26 I'm going to use the term ABC entity because it could

10:27:28 be a not-for-profit or a contractor.

10:27:31 We would award $1 million to them to do, say, ten

10:27:34 homes.

10:27:34 And then if they were only able to perform for two

10:27:39 homes, we in effect had, say, 800 that you or $500,000

10:27:45 over obligated to them.

10:27:47 This will allow us to just gradually do the same thing




10:27:50 we have been doing with liens, because we had done that

10:27:53 under the previous contracting mechanism.

10:27:55 We will do it address by address as they come to us, as

10:27:58 opposed to awarding $1 million, we will only award

10:28:01 enough for each house.

10:28:02 We'll award enough for the appraised value minus 1%,

10:28:06 plus rehabilitation dollars.

10:28:08 Rehabilitation dollars cannot exceed $65,000.

10:28:11 So it will let us do it gradually.

10:28:13 Those that can take on ten houses will be able to do

10:28:16 that quickly.

10:28:17 Those that can only do one or two houses at a time will

10:28:20 be able to do it more slowly, and allow them to come in

10:28:23 gradually with houses as opposed to us awarding, you

10:28:27 know --

10:28:28 >> But you had a higher threshold for someone to get a

10:28:32 contract as they would have --

10:28:34 >> They had to perform what we found some of the

10:28:38 largest corporations could not do it because as we know

10:28:41 what's happened with the foreclosed homes around the

10:28:43 city, you have to act very quickly which is why we are

10:28:47 going to private entities and not ourselves, and then




10:28:50 secondly, you just meet unforeseen circumstances when

10:28:55 you start opening up a house.

10:28:56 >> That makes a lot of sense to me.

10:29:00 What I am trying to understand, also, don't we

10:29:02 normally -- we are not giving up the process.

10:29:10 The City Council approves those individually.

10:29:13 Are we?

10:29:16 >>CINDY MILLER: When it comes to the single-family

10:29:17 homes, the smaller units, yes, that would be.

10:29:19 This would be allowing us to go to the RSP process.

10:29:25 We have six entities in one case and seven in another

10:29:28 to go for this.

10:29:30 This would allow us to not come back to council address

10:29:32 by address for these single-family homes.

10:29:34 When it comes to multifamily, apartment buildings, we

10:29:37 will be back to you with individual contracts in

10:29:40 February for that purpose.

10:29:43 >>MARY MULHERN: How many right now, over what period

10:29:46 of time are you talking about awarding these contracts

10:29:49 for how many single-family houses?

10:29:53 >>CINDY MILLER: We would do it in the next few weeks

10:29:55 because they have to have all of this work done, all of




10:29:57 the work done by September 30th.

10:29:58 >> And how many homes is that?

10:30:00 >> Less than 20 houses: We expect the big dollars of

10:30:11 multifamily.

10:30:11 We have three proposals that staff is still reviewing.

10:30:14 Our housing division and other staff.

10:30:15 We will come back to you with that in February.

10:30:17 That we expect to be multi-millions of dollars.

10:30:20 >>MARY MULHERN: You know, if we were not doing this

10:30:23 before, seeing the individual contracts, I'm not

10:30:30 comfortable with changing that.

10:30:31 And I appreciate your pulling this, because itself it I

10:30:38 think we need to see that.

10:30:39 And could you make it -- at the next council meeting if

10:30:43 you have got four houses or ten houses, you can make it

10:30:46 one agenda item, but we can see what we are doing.

10:30:53 >>CINDY MILLER: We had something very similar to this

10:30:55 with our housing rehabilitation.

10:30:56 I asked Sharon to come up to recall how much we had

10:31:00 done with rehabilitation dollars in an average year,

10:31:03 where we did have council approve the form contract

10:31:05 which is what you are basically approving here, and




10:31:08 then we went address by address for the rehabilitation.

10:31:10 I'm sharing those for the dollar signs.

10:31:12 I am going to ask her to address how we handle with

10:31:16 rehabilitation, and this is basically the same format

10:31:18 that we had done there.

10:31:19 >>MARY MULHERN: Right, but my question is, are we

10:31:21 going to see these individual projects?

10:31:23 >> You would not see these individual projects.

10:31:25 This would be authorizing the housing office and the

10:31:29 city attorney's office to review and issue individual

10:31:32 contracts for individual homes.

10:31:34 When it comes to multifamily, in that case we would be

10:31:41 back to you.

10:31:41 >>MARY MULHERN: I don't see a big difference between

10:31:43 those.

10:31:44 I'm really not comfortable with it.

10:31:49 >>THOMAS SCOTT: Here is what you have now, though, in a

10:31:50 sense.

10:31:50 >>> And I am Sharon West, manager of housing and

10:31:57 community development.

10:31:58 We have done up to 70 owner occupied homes a year, that

10:32:02 was our maximum that we did with the SHIP homes and TIF




10:32:07 dollars and we spent probably over $45 million in the

10:32:12 rehab program.

10:32:12 >>MARY MULHERN: That's a lot of money.

10:32:19 >>CURTIS STOKES: Ms. Miller, how much more do we have?

10:32:24 >> For NSP-2 we have approximately just under $8

10:32:30 million.

10:32:30 We have multifamily RFPs as I mentioned pending for

10:32:37 approximately 6 million plus.

10:32:39 >> To be produce how many houses?

10:32:44 >> 120 total.

10:32:48 >>CURTIS STOKES: 6 million to produce 20 --

10:32:50 >> It's $10 million of the federal grant and we have a

10:32:55 2.1 million match of state TIF and home funding that

10:33:00 goes along with the $10 million.

10:33:02 >> So RSP to proceed only 20 units with a $6 million

10:33:09 praise tag?

10:33:10 >> No, we were awarded as partnership of the Housing

10:33:15 Authority $10 million.

10:33:17 We put 2.1 million match to that.

10:33:21 A total of $12 million.

10:33:23 And so far we have awarded a little over $2 million.

10:33:28 >> I'm sorry, the RFP is currently there.




10:33:32 They have to produce 120 units.

10:33:36 What's the amount of that RFP?

10:33:41 >> Let me clarify.

10:33:43 120 is our commitment total Housing Authority that we

10:33:45 as a city will manage funds to generate 120.

10:33:51 >>CURTIS STOKES: How much revenue for the 120 units?

10:33:54 How much?

10:33:56 >> Grand total is $12 million. $10 million of Housing

10:33:59 Authority money -- that's a minimum.

10:34:01 That's not saying that's a maximum.

10:34:02 That's our minimum commitment.

10:34:04 10 million to the Housing Authority for NSP-2 plus 2.1

10:34:07 million of other funds, homes, SHIP and other funds.

10:34:11 >> Sharon: Currently we have proposals in three

10:34:15 different entities for $7 million.

10:34:20 They are under evaluation for multifamily units.

10:34:26 >>CURTIS STOKES: We identify the six contractors and

10:34:27 the seven --

10:34:30 >>CINDY MILLER: They have that identified under an RFP.

10:34:32 Let me collar any.

10:34:34 We have one RFP for individual home ownership.

10:34:38 That was one step.




10:34:39 That's six different contractors, not for profit

10:34:42 entities.

10:34:42 We have a second RFP that are seven not for profits

10:34:45 that is for individual houses, lease with option to

10:34:49 buy.

10:34:51 We subdivided that.

10:34:54 >>CURTIS STOKES: You mentioned the six and seven --

10:34:56 >> We don't have a dollar amount identified because

10:34:58 those entities have to come to us with the individual

10:35:01 addresses.

10:35:02 That's why we want to do address by address, house by

10:35:04 house.

10:35:05 That's where we are trying to avoid awarding, say,

10:35:08 500,000 or $1 million, tying those dollars up, where we

10:35:12 want to be able to do this individual house by

10:35:14 individual house.

10:35:15 When it comes to a pending proposal, we have still

10:35:18 three additional proposals understood review now that

10:35:20 we will come back to you when it comes back to

10:35:23 multifamily.

10:35:23 We won't use this mechanism.

10:35:25 In that case, we will come individual contract by




10:35:28 individual contract when it comes to if apartment

10:35:34 houses N.that case we would come back to you.

10:35:36 This is really for small contractors, small not for

10:35:39 profit entities to be able to do single-family homes is

10:35:41 what we have before you today.

10:35:42 >>THOMAS SCOTT: Any other questions?

10:35:55 >>YVONNE CAPIN: That's $100,000 per unit?

10:36:00 >>CINDY MILLER: That's correct.

10:36:02 Again that's a minimum requirement to the Housing

10:36:04 Authority.

10:36:04 If our dollar amounts come in less than that per unit,

10:36:07 we can do more units.

10:36:08 >>THOMAS SCOTT: Okay.

10:36:13 >> What we are talking about here are single-family

10:36:16 homes ranging from probably 1,000 square feet.

10:36:22 >>JOSEPH P. CAETANO: 100,000 each?

10:36:24 >> That's for acquisition and rehabilitation and the

10:36:27 housing stock that we are talk talking about is housing

10:36:30 stock that needs massive rehabilitation.

10:36:31 >>JOSEPH P. CAETANO: Thank you.

10:36:34 >>THOMAS SCOTT: Any other questions, council?

10:36:36 Okay, motion?




10:36:39 >>GWEN MILLER: So moved.

10:36:40 >> Second.

10:36:41 >>THOMAS SCOTT: All in favor?

10:36:42 Opposes?

10:36:44 >>CURTIS STOKES: Nay.

10:36:44 >>THE CLERK: Motion carried with null Mulhern and

10:36:48 Stokes voting no.

10:36:49 >>THOMAS SCOTT: Item 12.

10:36:58 Let me preference as he prepares to come, item 12 is

10:37:05 ballot language being brought forward to put on the

10:37:07 ballot to address referendum relative to economic

10:37:19 development.

10:37:27 This is coming from the administration.

10:37:29 If you recall, in November there was a referendum

10:37:31 placed on the ballot by the Hillsborough County

10:37:32 commission.

10:37:33 That ballot passed.

10:37:34 That referendum passed, economic development.

10:37:37 And in the process, there has been a conversation

10:37:43 relative to the city moving forward with a similar

10:37:45 program.

10:37:47 We have had several discussions about that.




10:37:49 In fact, our first discussion was about trying to get

10:37:53 it done, I thought before the Christmas holiday.

10:37:56 I understand they may want to do some refining or

10:38:00 whatever. Anyway, I raise this because you have got a

10:38:09 letter from one of the candidates as their initiative

10:38:17 and I want to be clear it's the same that this

10:38:18 discussion started way back before that letter, and was

10:38:22 already on the doc agenda prior to.

10:38:24 Is that right, Mr. Huey?

10:38:27 That is accurate.

10:38:28 I want to be very clear.

10:38:29 In fact, I have documentation all the way back to

10:38:32 December 15th of discussion of this item moving

10:38:37 forth being placed on the agenda.

10:38:40 It also was discussed at the county commission on the

10:38:42 15th where Mr. Gene gray stated to the county

10:38:48 commission that the city is in the process of moving

10:38:50 forward ballot language for this similar initiative.

10:38:53 On December 23rd, I have a memorandum, memo from

10:38:58 Mr. Huey, a draft, the county, what they have done, and

10:39:06 recommendation to how we can move forward as well.

10:39:09 That's on the 23rd.




10:39:13 On the 27th, I met with Bonnie Wise in her office

10:39:17 to further discuss budgeting issues as well as this

10:39:21 particular program as well.

10:39:23 And then on the same day, Mr. Huey called me back as

10:39:26 well to talk further about it, and that we are moving

10:39:30 forward with the particular agenda item.

10:39:32 So I want to be clear that this whole ballot issue,

10:39:40 referendum, move forward from the administration to the

10:39:44 chairman of City Council, and with discussion, and also

10:39:49 with Ms. Wise, a discussion, and was already on doc

10:39:54 agenda for today's meeting, when you receive a letter.

10:39:59 So I want to be very clear that this item is already in

10:40:04 motion on the agenda before you receive any letter, and

10:40:10 of course if the paper is right, Mr. Stokes, you do

10:40:12 have some comments, but I want to state that, yes, it's

10:40:18 a good program, but it's a good program that's

10:40:20 initiated by the administration and City Council.

10:40:23 I want to be very clear.

10:40:27 Yes, ma'am?

10:40:29 >>MARY MULHERN: I started thinking about this after I

10:40:31 heard from Mr. Huey last week, I think, and you or

10:40:36 someone brought this up.




10:40:37 We have been having this discussion --

10:40:40 >>THOMAS SCOTT: That's accurate.

10:40:41 >>MARY MULHERN: It seems like it came up right after

10:40:44 the election when the county's referendum passed.

10:40:49 Thank you for bringing this up and giving us somebody

10:40:52 credit.

10:41:03 >>THOMAS SCOTT: Okay, Mr. Huey, you want to --

10:41:07 >>MARK HUEY: Thank you for providing that context.

10:41:09 Mark Huey, City of Tampa economic development.

10:41:11 Good morning, council.

10:41:14 Here to talk about this very important economic

10:41:17 development ballot initiative that councilman Scott,

10:41:22 board member Scott, Chairman Scott, had introduced.

10:41:26 We have many tools that we use, as you know, council,

10:41:31 for economic development, to try to incent investments

10:41:34 into our community and new jobs.

10:41:36 They range from all the work we do with state programs

10:41:39 like the qualified targeted industry program, the

10:41:44 closing friend, their quick training program.

10:41:46 We have programs like the brownfield program, the

10:41:49 enterprise zone program, the CRA work that we do, all

10:41:54 of which is intended for investment and jobs.




10:41:58 But there is one tool that we have never availed

10:42:01 ourselves of as a community, and that is the ability to

10:42:04 say to a business that is growing in our community or

10:42:07 that is coming to our community that in order to help

10:42:12 you either expansion or coming to our community that we

10:42:17 would exempt your property taxes, all or a portion of

10:42:20 them for a certain period of time.

10:42:22 We have never had that tool.

10:42:25 We are not unique in that.

10:42:27 Up until just a few months ago, most communities in the

10:42:31 State of Florida didn't use that tool.

10:42:34 There is about 37, approximately counties in our state

10:42:41 that had put the tool in place.

10:42:43 Most of those were rural, however.

10:42:45 Most of the urban communities like Tampa and

10:42:48 Hillsborough County have not put the tools in place.

10:42:51 But because of these very difficult economic times that

10:42:53 we face -- and you have had a lot of discussions and

10:42:56 testimony on that fact this morning -- many communities

10:43:01 have begun to revisit whether in fact we should add

10:43:04 that tool to our arsenal, if you will, of tools that we

10:43:07 can use to attract investments and attract jobs.




10:43:11 And, in fact, that's what has recently happened in our

10:43:15 Tampa Bay region.

10:43:16 Sarasota County passed a referendum to allow them to

10:43:20 implement a tax exemption program.

10:43:26 Polk County did as well.

10:43:27 Then our own Hillsborough County as Chairman Scott

10:43:29 mentioned did that as well in November.

10:43:33 The city administration has been engaged with the issue

10:43:36 since it was announced by the county, actually in July.

10:43:39 And we have been working with the staff of Hillsborough

10:43:43 County monitoring how the program was coming together,

10:43:47 and there were many issues that they debated and are

10:43:52 continuing to debate about the specifics of how a

10:43:56 property tax exemption, economic development program

10:43:59 will work.

10:43:59 And I want to be clear about that.

10:44:01 The details of their program are not put together.

10:44:04 They are still debating them.

10:44:07 >>THOMAS SCOTT: They are having a workshop on the

10:44:08 20th.

10:44:09 >>MARK HUEY: That's correct.

10:44:11 And their goal is to have all of the details worked out




10:44:13 in February, possibly March.

10:44:18 We had the first preview of their actual program

10:44:20 December 15th.

10:44:22 They had a workshop that was mentioned earlier at the

10:44:25 county commission, and a written draft of their program

10:44:29 was presented at that time.

10:44:30 And I provided some of you asked for a copy of that,

10:44:34 and I provided all of you a copy of that.

10:44:37 When we studied that in December, one of the things

10:44:40 that we noticed and the way that the program was

10:44:42 beginning to take shape -- and again it is not

10:44:45 finalized -- is that there is a potential in the way

10:44:47 that the program is being structured to create what I

10:44:51 call an uneven playing field of incentives between

10:44:56 unincorporated county and the City of Tampa, meaning

10:44:59 that businesses that might expand or be recruited into

10:45:04 the City of Tampa might receive less of an incentive

10:45:07 than those businesses that would come into or grow in

10:45:13 unincorporated Hillsborough County.

10:45:14 And let me give you an illustration to help you

10:45:16 understand that.

10:45:18 And I'm going to use the Elmo.




10:45:34 This is a little grid.

10:45:35 One speaks to the millage rate that effects a business

10:45:39 in unincorporated Hillsborough County, and the second

10:45:41 column is a business in the City of Tampa.

10:45:43 And you can see -- I'm not putting all of the millages

10:45:46 on this, but really the three that are pertinent to our

10:45:49 discussion.

10:45:51 There is one millage, the millage in the middle called

10:45:54 the countywide millage which affects both the business,

10:45:59 the unincorporated county and the City of Tampa.

10:46:02 Businesses in unincorporated county, though, have

10:46:07 what's called an additional millage called the MSTU.

10:46:11 You can see in the City of Tampa that is not assessed

10:46:15 against businesses.

10:46:16 In the city, we the city assess a millage rates with

10:46:20 what's called the city millage rate as is shown on this

10:46:23 grid.

10:46:24 In November, when voters authorize the Board of County

10:46:29 Commissioners to move forward with a property tax

10:46:34 exemption program in the county, what they in effect

10:46:38 did was they gave the board the ability to work with

10:46:40 three of those blocks, if you will, on this grid.




10:46:45 And you can see for businesses in the unincorporated

10:46:49 county, under the county's program, both millages are

10:46:55 in play, the MSTU and the countywide millage that both

10:46:58 of those could be exempted, the assessment related to

10:47:03 both of those millages.

10:47:04 And that would be the same for a business in the City

10:47:06 of Tampa.

10:47:07 But you will notice, obviously, the county, the Board

10:47:11 of County Commissioners, does not have control or

10:47:14 jurisdiction over the city millage.

10:47:16 That you control along with the city administration.

10:47:20 And so that is what crease an uneven playing field that

10:47:26 can only really be addressed through a ballot

10:47:29 initiative that the City of Tampa voters can elect to

10:47:35 empower you and the city administration to deal with

10:47:39 the city millage, and in effect allow you to create a

10:47:43 level playing field in terms of the incentives that can

10:47:47 be offered to both businesses in the unincorporated

10:47:50 county, and the City of Tampa.

10:47:54 Is that clear?

10:47:56 Can I answer any questions at this point about uneven

10:47:59 playing field issue?




10:48:02 >>CHARLIE MIRANDA: Mr. Chairman, very quickly as I add

10:48:03 the millage of the county, the MSTUs, which is

10:48:07 004-3745 and the countywide millage of 00574234 equals

10:48:14 1.1168 millage.

10:48:17 Then in the bottom here, the same figure.

10:48:21 The figure in blue in the city, now we are looking at

10:48:26 0.0114749, and there is a difference between them of

10:48:31 about 0.03 of something.

10:48:38 >> That's correct.

10:48:40 >>CHARLIE MIRANDA: Explain the two bottom exemption

10:48:41 approved by county voters and exemption proposed to the

10:48:44 city voters.

10:48:44 What does that many?

10:48:46 >> This is what's creating again the uneven playing

10:48:49 field because it's only that millage that's highlighted

10:48:51 in yellow that the Board of County Commissioners can

10:48:54 provide an exemption against.

10:48:56 So what they would in effect do to their program is

10:49:01 they would, for a business in the unincorporated

10:49:04 county, provide an exemption for their property taxes

10:49:09 based on the two millages, both the MSTU and the

10:49:12 countywide.




10:49:15 If that same business, however, were located in the

10:49:18 City of Tampa, the only authority that the board --

10:49:21 this is not something they are doing out of spite, but

10:49:24 their only authority is to grant an exemption based

10:49:27 only on the countywide millage rate, the part that they

10:49:30 are assessing.

10:49:31 So unless allow the ballot language to move forward,

10:49:37 and then City of Tampa voters authorize the council and

10:49:42 the city administration to allow us to put in place an

10:49:46 exemption of what's in the blue box, the city millage,

10:49:50 we will have this potential for an uneven playing

10:49:53 field.

10:49:53 And again, I want -- is that helpful?

10:49:56 Okay.

10:49:59 >>CHARLIE MIRANDA: I understand what you are saying.

10:50:00 There would be a benefit of not doing it in the city

10:50:02 unless we pass it because it would be almost two to

10:50:05 one.

10:50:05 >>MARK HUEY: Exactly.

10:50:08 >>CHARLIE MIRANDA: I appreciate it very much.

10:50:10 >>MARK HUEY: Is that helpful?

10:50:11 Based on what we began to appreciate -- and again this




10:50:14 can change as the county continues to deliberate their

10:50:17 program.

10:50:18 But this is really what is on the table at this point.

10:50:21 And once we begin to understand that, and then begin to

10:50:25 appreciate, I know the March elections seem a long way

10:50:29 away.

10:50:29 But as many of you may realize -- and I know you do

10:50:33 maybe more than I do -- is the ballot, the printed

10:50:36 ballots are being finalized next week, I believe

10:50:40 January 15th, or 14th.

10:50:42 And because of that, because we wanted to bring this to

10:50:45 you with haste, so that we could put the ballot

10:50:49 language in place so that we would have the flexibility

10:50:53 as a city to continue to work with the county in a way

10:50:56 that will create a helpful and even playing field

10:51:01 across the county for putting in place this incentive

10:51:04 program.

10:51:04 The ballot language itself is very straightforward.

10:51:09 There isn't much discretion about the language itself.

10:51:14 It is prescribed under Florida Statutes, very

10:51:18 specifically, word for word, and this is the way it

10:51:20 read.




10:51:22 I won't read it to you but this is exactly the way it

10:51:25 appeared in November when county voters, and we as part

10:51:29 of the county, were asked to vote on it.

10:51:31 Here you simply see the reference to the City of Tampa

10:51:34 now instead of in November when it was referenced the

10:51:39 Board of County Commissioners.

10:51:41 If voters approve the measure in March, it would then

10:51:44 be up to the administration and the City Council to

10:51:48 then put in place a very detailed program like the

10:51:50 county is doing now at that time.

10:51:53 So those are the comments I wanted to share with you,

10:51:57 and I will be glad to answer any further questions.

10:52:00 >>THOMAS SCOTT: And I want to point out if you don't

10:52:01 have a draft of the proposal, I would recommend that

10:52:05 you get one if you don't have it, the breakdown of that

10:52:10 and the number of jobs provided based on whether it's

10:52:15 intended for more of full-time employees, 25 or more

10:52:19 full-time employers, the sales is 50% or more full-time

10:52:29 employees in the jobs.

10:52:30 That kind of information, if you don't have that.

10:52:32 >>JOSEPH P. CAETANO: I would like some clarification.

10:52:40 The business does not own the property.




10:52:44 They are leasing the property and they have a valid

10:52:46 lease.

10:52:47 The owners still get that reduction in the taxes?

10:52:52 >>MARK HUEY: I believe that there is a way to

10:52:53 accomplish that.

10:52:55 Because the owner will bear property taxes.

10:53:02 Again the way this program is structured, there's an

10:53:05 exemption for the new value that's created.

10:53:07 So if in fact the tenant, moving into the space,

10:53:12 according to the assessor -- and again the way the

10:53:17 program is set up is the assessor's office gets

10:53:21 involved in actually doing the report that is part of

10:53:23 the application process that a company would go through

10:53:28 to be awarded an exemption.

10:53:30 But if the property owner, in your case, were to be

10:53:34 able to support that their property taxes would be

10:53:36 going up, and that would be documented financially,

10:53:42 that I believe it could then pass through to the

10:53:45 tenant.

10:53:45 >> Is that just now in the county ordinance?

10:53:49 >> I know it is a point of the discussion, as I shared

10:53:53 with you, they are right now in their deliberations




10:53:56 about many of the details about how their program is

10:53:59 going to come together, as we will be when and if we

10:54:03 have an opportunity to put a detailed program together.

10:54:06 >> Because I think that's important.

10:54:07 >> It is, it is.

10:54:09 They may not own the property but they may have a

10:54:11 lease.

10:54:11 I think we need to clarify that.

10:54:14 It has to be spelled out that if the property is

10:54:16 leased, perhaps the owner would give some discount to

10:54:24 the person because he's not going to be paying the

10:54:27 normal tax.

10:54:28 >> Think that every business in the downtown, very few

10:54:32 own their own buildings downtown.

10:54:33 And we don't want to see the property owner gain and

10:54:38 not get any benefit under the small business.

10:54:46 >>CURTIS STOKES: Mark, I see bonuses.

10:54:50 I know if this ballot initiative passes -- I hope it

10:54:53 does -- are there anything for creating bonus for

10:55:00 Sulphur Springs area, one of our most depressed areas,

10:55:03 and Sulphur Springs and East Tampa?

10:55:07 Huh Hugh yes.




10:55:08 Again, the Florida statutes that guide this provide a

10:55:11 base level of requirements for the program.

10:55:13 But beyond that, there is a lot of local control about

10:55:17 how the program can work.

10:55:19 And as you see in the county program, they are

10:55:22 introducing some flexible elements like enter praise

10:55:25 zone and brownfield areas.

10:55:28 One of the areas, for example, that there's still a

10:55:33 good bit of discussion in the county are community

10:55:35 redevelopment areas, and other municipalities, that in

10:55:39 fact at our CRA board meeting next month we will have a

10:55:42 discussion about that very item.

10:55:44 So in answer to your question, at the time we begin to

10:55:47 really flush out the program, we can deal with areas

10:55:50 where we might want to provide some additional

10:55:54 incentive.

10:55:59 >>THOMAS SCOTT: Keep in mind there is a cap the county

10:56:01 has put in place on theirs.

10:56:02 Is that right?

10:56:03 >>MARK HUEY: Right now, the Florida statutes allows

10:56:08 you to exempt 100 percent of someone's property taxes

10:56:12 up to a period of ten years.




10:56:14 So that's the maximum.

10:56:15 And actually the program that they are designing is not

10:56:19 at that level.

10:56:20 It is at a lesser level of 50%, with then some areas

10:56:25 getting a bonus up to 75% of the property taxes.

10:56:29 Then, as Chairman Scott has suggested and noted, they

10:56:34 are also providing an overall financial cap of $2

10:56:39 million, I believe, as to how much annually I think

10:56:42 they would commit to the program.

10:56:45 >>THOMAS SCOTT: That is accurate, yes.

10:56:47 >>CURTIS STOKES: I'm sorry, another question.

10:56:48 Mr. Caetano's question was leased property.

10:56:52 If they are unable to get the approximate tax

10:56:55 exemption, can we do something where we waive the

10:56:58 intangible tax?

10:57:00 >> This applies both to real and intangible personal

10:57:03 property.

10:57:04 >> So it includes both?

10:57:05 >> Yes, it does.

10:57:06 >>THOMAS SCOTT: Again, the program is still, I guess

10:57:11 you have got to get it on the ballot and passed and

10:57:14 then put the program together to bring forward which is




10:57:18 what the county is doing now.

10:57:20 Again, they are having a workshop on the 28th.

10:57:24 And I think Mr. Hamilton is bringing forth the

10:57:27 ordinance on the 20th as well to the county

10:57:30 commission.

10:57:35 I met with him and talked extensively about the

10:57:37 program.

10:57:39 Okay?

10:57:40 Any other questions?

10:57:41 So then we need a motion to approve the ballot

10:57:45 language.

10:57:45 >> That's correct.

10:57:48 >> So moved.

10:57:51 >> Second.

10:57:51 >> All it requires is a resolution.

10:57:58 >> Made by councilman Stokes, seconded by councilman

10:58:02 Miranda.

10:58:03 All in favor?

10:58:04 Opposes?

10:58:05 Okay.

10:58:06 Again, should this pass by the voters, this is another

10:58:09 tool in our tool chest that we can utilize for economic




10:58:14 development and job creation.

10:58:15 >>MARK HUEY: We can't change the economy, but we can

10:58:19 create tools that can help us to be ready for the

10:58:22 economy changes.

10:58:24 So this would be one of them.

10:58:26 Thank you.

10:58:27 >>THOMAS SCOTT: Thank you very much for bringing this

10:58:28 forward.

10:58:31 Again, I can't stress enough that this is already on

10:58:37 doc agenda and you got your letter last week.

10:58:39 It's only coming forward today for discussion.

10:58:43 Administration has already been in discussion about W

10:58:46 the county as well as myself relative to the issue.

10:58:50 Thank you very much.

10:58:53 Now a couple of other items.

10:58:56 Item 40, I believe it is.

10:58:57 >>CHARLES FLETCHER: Item 40 as directed by council.

10:59:14 I put together a draft naming policy for council.

10:59:19 Essentially, it looks at the county's policy as council

10:59:23 suggested and looked at the policy the administration

10:59:27 had previously put in for administrative activities.

10:59:34 It's council's pleasure.




10:59:35 I do realize this was only provided to you all

10:59:37 yesterday.

10:59:38 So if you wanted to defer action to next council

10:59:40 meeting, that would be appropriate.

10:59:42 I did meet with council members individually to get

10:59:45 input.

10:59:46 I also met with the administration to get input.

10:59:50 Now that this has been circulated, I have gotten a few

10:59:53 minor comments, but nothing substantial at this point.

10:59:56 >>THOMAS SCOTT: Any other questions on this motion?

11:00:00 >>GWEN MILLER: So moved.

11:00:02 >>THOMAS SCOTT: Moved by Councilwoman Miller.

11:00:05 >>MARTIN SHELBY: What is the motion, to accept this

11:00:07 policy?

11:00:08 What is the appropriate motion?

11:00:11 >>CHARLES FLETCHER: Council members did just get this.

11:00:14 My thought is perhaps place it on the next agenda for

11:00:16 formal consideration, or if you all want to accept it

11:00:19 today, that's fine with me as well.

11:00:21 >>THOMAS SCOTT: Well, I don't have an issue.

11:00:23 I mean, on moving forward.

11:00:26 It's not that broad.




11:00:32 It's with the county's process as well, and portion of

11:00:36 the county as well, what you all function by the

11:00:39 administration.

11:00:41 So unless council wants to defer to next meeting.

11:00:45 >>MARTIN SHELBY: Just a motion for council to approve

11:00:50 the policy as presented.

11:00:51 >>CHARLES FLETCHER: That I think would be appropriate

11:00:57 if council wanted to take action on it.

11:00:59 >>GWEN MILLER: So moved.

11:01:01 >>THOMAS SCOTT: Motion by Councilwoman Miller, and

11:01:06 seconded by councilman Stokes, I think it is.

11:01:08 All in favor signify by saying Aye.

11:01:11 Opposes?

11:01:15 All right.

11:01:15 Item 41.

11:01:18 Mr. Slater.

11:01:18 >> Jake Slater, City of Tampa director of code

11:01:25 enforcement and business tax division.

11:01:27 I have been asked to come to council to report on a

11:01:30 code enforcement action at the address of 1421 east

11:01:34 Frierson Avenue.

11:01:39 This is going to be a picture on the Elmo here, a




11:01:44 before picture.

11:01:45 And I prepared a memo, and I think that all council

11:01:51 members should have that.

11:01:53 Code enforcement has had a total of three cases since

11:01:58 February of '09.

11:02:00 The first case was originated back in February 10th

11:02:04 of '09, that the property owners were cited for it,

11:02:08 trash debris, fence problems, and illegal storage

11:02:12 container at the property.

11:02:13 The case went to the Code Enforcement Board in

11:02:16 September of '09.

11:02:18 There was a fine that began October 8th of '09.

11:02:23 As of today the fine has accrued to over $20,000.

11:02:30 The second case originated in July of last year, 2010.

11:02:35 They were cited for overgrowth.

11:02:38 The property became abandoned at that time.

11:02:44 And the third case was initiated in November of '10 in

11:02:48 regards to the vacant type of structure, and they were

11:02:55 not overall fixed.

11:03:03 The problem with the first case back in '09 was the

11:03:08 home was actually occupied so we could not go on the

11:03:09 property and actually a bait it so we had to take --




11:03:14 abate it so we had to take it to the Code Enforcement

11:03:16 Board.

11:03:17 So that was the time factor.

11:03:19 But it has actually become vacant and I am happy to

11:03:22 show you the after picture, just last week.

11:03:26 >>GWEN MILLER: Very good.

11:03:29 >> Before and after.

11:03:32 >> Any questions?

11:03:36 >>MARY MULHERN: I just want to thank you for the great

11:03:40 help you gave when I brought this up.

11:03:44 Everyone in your department and how quickly you got

11:03:47 this done.

11:03:51 We appreciate it.

11:03:54 You are doing a good job.

11:03:57 >>YVONNE CAPIN: And that it was being -- it had been

11:04:02 followed up before.

11:04:03 I saw that.

11:04:05 But it was being worked on.

11:04:06 So thank you for that.

11:04:07 >>JOSEPH P. CAETANO: Did the city board that up?

11:04:16 >> Yes, sir, they did.

11:04:17 >>THOMAS SCOTT: So the liens on that you said over




11:04:20 $23,000?

11:04:21 >> Yes.

11:04:22 The fines that were instituted about it code

11:04:25 enforcement board back in October of '09 were $45 a

11:04:29 day.

11:04:30 And as of now, Mr. Scott, they are over $20,000.

11:04:34 >> Let me raise a question.

11:04:38 20,000 some.

11:04:41 Do you expect to collect that?

11:04:43 >> In all fairness, probably not.

11:04:45 >> So then what do we do with the situation then?

11:04:49 >> When the house is up for sale or sold, there's a

11:04:54 negotiation between the legal department.

11:04:57 I'm involved in that, and come up with some type of

11:05:00 settlement.

11:05:01 >>MARY MULHERN: It's the absentee landlord problem,

11:05:07 right?

11:05:08 The property owner, they can't find them, or they are

11:05:11 just not responding?

11:05:14 In this case, from what I heard from the neighbors, you

11:05:16 know, there were tenants in and out of there, but if

11:05:20 you can't even find out -- they weren't even sure it




11:05:24 was the landlord that was collecting rent.

11:05:27 >> That's the problem that we have to serve actual

11:05:31 legal notice.

11:05:32 We have hard time serving notice on the tenant or on

11:05:34 the property owner itself.

11:05:35 >>MARY MULHERN: We really appreciate it.

11:05:41 And the rest of the block looks nothing like that.

11:05:44 It's in good shape.

11:05:47 That particular block.

11:05:48 So they really appreciate it.

11:05:49 >>THOMAS SCOTT: Okay, thank you.

11:05:58 Ms. Cole, I believe you have item 42.

11:06:00 >>JULIA COLE: Legal department.

11:06:02 You have in front of you a substituted ordinance which

11:06:05 revises and consolidates the public notice requirement

11:06:09 which is in front of you on December 16th and

11:06:11 continued to this meeting to allow an opportunity, a

11:06:14 further opportunity for me to have some discussion was

11:06:16 members of the land use, specifically Mr. Grandoff and

11:06:20 Ms. Grimes.

11:06:21 I have had those opportunities.

11:06:22 We have had discussions.




11:06:23 I have made some clarification, revisions, and I have

11:06:28 been told that I could state on the Rod record that Ms.

11:06:34 Grimes and Mr. Grandoff are satisfied with the changes

11:06:36 that have been made, and are acceptable of that coming

11:06:43 forward, and just ask for you to read this on first

11:06:46 reading today so that we can go ahead and get these

11:06:48 changes on the books, and get us moving forward with

11:06:51 some of these consolidations.

11:06:56 >>CHARLIE MIRANDA: I'll read it.

11:07:05 Mr. Chairman, this is regarding file number E-2010-8

11:07:12 chapter 27.

11:07:14 Item 42 on the agenda.

11:07:15 Substitute ordinance presented for first reading

11:07:17 consideration.

11:07:18 An ordinance of the city of Tampa, Florida making

11:07:20 comprehensive revisions to city Tampa code of

11:07:23 ordinances amending section 13-91, appeal method,

11:07:27 amending section 17.5-75 administration, notice, public

11:07:32 hearing, decision, amending section 20.5-3,

11:07:36 administrative authority, amending section 20.5-23

11:07:40 boards authorized to hear sign related administrative

11:07:43 appeals, amending section 22-39, same, hearing date,




11:07:49 signs, amending section 27-183, variance

11:07:53 administration, notice, decision, stay, denial, appeal,

11:07:57 amending section 27-214, variance, authority,

11:08:02 application, notice, criteria, decision, stay, denial,

11:08:05 appeal, expiration of variance, amending section

11:08:08 27-231.3, local designation of landmarks, landmark

11:08:15 sites, multiple property designations, historic

11:08:19 conservation, overlay districts and historic district,

11:08:22 amending section 27-231.9, notices, amending section

11:08:26 27-368.1, process for application for written

11:08:31 determinations as formal decisions, amending section

11:08:34 27-372, alternative design exception, amending section

11:08:39 27-373, review, amending section 27-394, public notice

11:08:45 requirements, amending section 27-545 definitions,

11:08:50 repealing all ordinances or parts of ordinances in

11:08:52 conflict therewith, providing for severability,

11:08:55 providing an effective date.

11:08:55 >> Second.

11:08:59 >>THOMAS SCOTT: Moved and seconded.

11:09:02 All in favor?

11:09:02 Opposes?

11:09:02 >>THE CLERK: Motion carried with Caetano being absent




11:09:04 at vote.

11:09:04 The second reading of the ordinance will be held

11:09:07 January 20th at 9:30 a.m.

11:09:09 >> item 43.

11:09:19 This is an item related to the installation of a new

11:09:24 parking payment system.

11:09:32 >> I have been asked to provide an update on this

11:09:36 information.

11:09:37 Hopefully, you all have received a memorandum, Monday,

11:09:40 that provides some detail for you.

11:09:42 But I thought I would go into a little more information

11:09:45 to let you know we are wrapping up the installation of

11:09:49 phase 4 within the next two weeks here.

11:09:51 We experienced a little bit of a delay from some

11:09:54 product shipment that was coming from Canada.

11:09:57 We have taken an opportunity to straighten out some of

11:10:00 the old metered posts that had the single space housing

11:10:04 meters on it.

11:10:04 We are not putting the black decorative sleeve on that

11:10:08 and of course putting the space placard on top.

11:10:11 We think it's a very nice clean look.

11:10:13 We are fortunate to have that time to do that.




11:10:16 A little bit on the metrics.

11:10:17 Some of the numbers of what the equipment has brought

11:10:19 in just during the short period of time.

11:10:22 Of course it's only been six weeks since we launched

11:10:25 the first phase on November 22nd.

11:10:29 We have amassed 55,000 revenue transactions which

11:10:32 amounts to about 1200 transactions a day through this

11:10:35 equipment.

11:10:38 To break down whether it's cash or credit cashed on the

11:10:41 revenue side, about 45% of the transactions have been

11:10:44 cash and 55% of the transactions have been credit cards

11:10:49 so we have achieved that goal and expense, and we don't

11:10:52 have to use as much labor to collect that coin as

11:10:56 frequent as we used to in the machines.

11:11:00 I will tell you, also, that a couple -- about 50

11:11:05 machines were shipped with an older version of the

11:11:07 display screen.

11:11:08 When I say an older version, the display screen is not

11:11:11 as bright as it was when we installed the machines in

11:11:15 phase 1.

11:11:16 The manufacturer has agreed to come and replace those

11:11:19 display screens.




11:11:20 They didn't want to further delay any installation

11:11:22 process than necessary.

11:11:24 So they will be bringing that brighter screen back.

11:11:26 You will notice a lot of the pay stations south of

11:11:28 Kennedy Boulevard have a very bright LED screen and

11:11:32 some of the ones north of Kennedy Boulevard don't have

11:11:34 that feature.

11:11:35 So that change won't take place.

11:11:37 I think generally that's all I have to share at this

11:11:42 point in time.

11:11:42 Are there any questions that I may be able to answer

11:11:44 with regard to the pay stations?

11:11:46 >>MARY MULHERN: Thank you for the report, for

11:11:47 answering our questions, because I have questions from

11:11:50 the businesses on Tampa about the loading zone.

11:11:54 That was just a temporary.

11:11:57 There was a short time when they didn't have posted

11:12:00 loading zone.

11:12:01 But they are happy we've that.

11:12:05 The other thing.

11:12:06 I think you answered this, too, because this came up

11:12:09 after I asked about Tampa street.




11:12:14 The Tampa Theatre was concerned because of the new

11:12:16 parking meters that people didn't know that you could

11:12:19 park after -- is it after 5:00 that parking is free?

11:12:23 >> It's actually after 6:00 Monday through Friday, then

11:12:26 of course weekend Saturday and Sunday.

11:12:29 And I think hourly timing was troubling because they

11:12:30 had a lot of their theater holiday presentations in the

11:12:34 month of December.

11:12:34 But working with the theater staff, we have been able

11:12:37 to amend the screen, that if the machine is not

11:12:41 operating under hours of operation, you will still

11:12:45 enter your space number but the next screen that pops

11:12:47 up will be a red screen that says no charges or no fee

11:12:51 required, and it will tell you the hours of operation.

11:12:54 And you can't physically make a payment at that point.

11:12:57 >>> And I don't know what was happenings before.

11:13:06 You could probably pay, even though you didn't have to

11:13:10 after six.

11:13:11 But for them, I think it's a great advantage to have

11:13:15 parking on the street.

11:13:19 Which you have been working on for a while.

11:13:20 So that's good.




11:13:22 I have one personal thing I noticed, and it's not a big

11:13:25 deal, but since you are working with them to update,

11:13:28 you know, make some changes on the screen, when you pay

11:13:32 by credit card, it takes awhile because I am always

11:13:40 running late.

11:13:40 I am waiting for that receipt.

11:13:42 And I don't even need a receipt.

11:13:43 But it prints a receipt every time.

11:13:47 Could you make it so if you opt for a receipt then

11:13:50 maybe you would be willing to stand there and wait.

11:13:52 But if you don't need a receipt, I think you should be

11:13:57 able to opt out because you are not wasting paper and

11:13:59 you are not leaving people --

11:14:00 >> We looked at that very long and hard, and of course

11:14:04 it's a programming issue.

11:14:05 We have that add time feature that's printed on every

11:14:09 receipt, a six-digit code number, and like the car wash

11:14:13 people.

11:14:14 >> Oh, that's right.

11:14:15 That's why if you print the receipt you can take it

11:14:17 with you and you can add time?

11:14:21 >> Yes.




11:14:21 But that's not to say it can't change.

11:14:22 As we get more familiar with the product and software

11:14:25 versions change and modify we can la into that option.

11:14:28 >> Because most people take that as, okay, this meeting

11:14:32 has gone on for two hours, I have to leave because my

11:14:34 meter is -- you know, there's going to be people oh who

11:14:37 don't want the receipt.

11:14:38 So it might be worth it to do that, and maybe next time

11:14:42 you update.

11:14:42 >>THOMAS SCOTT: One exception is free after six.

11:14:47 That's not the case south of Kennedy, though?

11:14:50 >> That's correct.

11:14:51 >>MARY MULHERN: Okay, I didn't realize that.

11:14:54 Only north of Kennedy?

11:14:55 >> Under chapter 15 it's north of Kennedy Boulevard, no

11:14:58 charges on the weekends.

11:14:59 And after 6 p.m., Kennedy inclusive, down to Whiting

11:15:02 Street, it's enforced until 8:00 p.m.

11:15:05 And then everything south of Whiting street down to the

11:15:08 arena and the Garrison Channel is enforceable, or hours

11:15:11 of operation until midnight.

11:15:12 >>JOSEPH P. CAETANO: Mr. Corbett, I emailed you a




11:15:31 letter about three weeks ago asking you what the cost

11:15:34 has been for the installation.

11:15:36 I didn't realize that the city was going to do the

11:15:38 installation.

11:15:42 Of course, if you are not done with the program you

11:15:44 probably don't have a total cost yet.

11:15:45 >> Well, let me clarify that.

11:15:48 The physical installation of the pedestals for the

11:15:51 machine and the pouring of the concrete pads that they

11:15:55 sit on as well as mounting the pay station on that

11:15:59 pedestal and installing the black poles with the pay

11:16:03 here, pay to park here signs, that was all covered

11:16:06 under the contract.

11:16:07 What we are doing is using our facility's management

11:16:09 division of the public works team.

11:16:11 We have labor that we pay for their salary as part of

11:16:14 the parking division's functionality.

11:16:16 We are using that labor to go ahead and essentially cut

11:16:21 down the bent poles and putting in straighter poles

11:16:25 with sleeves on it.

11:16:27 So the city is essentially paying for the installation

11:16:29 of the kiosk and the black pole was the numbers on




11:16:32 them?

11:16:32 >> That's correct.

11:16:33 >> And you said as part of the contract?

11:16:35 >> Part of the contract.

11:16:36 We are finding that that was part of the contract

11:16:38 dollars.

11:16:38 >> And it was spelled out that the city was going to

11:16:40 pay for that?

11:16:41 Or are they going to reimburse us?

11:16:43 >> No, we pay for it through the contract.

11:16:48 So all of those costs associated with the installation

11:16:53 as I mentioned are dollars, with exception.

11:16:54 City labor used to assist with straightening the poles.

11:16:58 That's something that we are paying for and we would

11:17:00 pay for that labor normally as part of our full-time

11:17:03 salary positions.

11:17:04 What happened to the old meters that were there?

11:17:06 What are we doing with them?

11:17:07 >> The old meters now are being stored in a maintenance

11:17:10 area that we have in one of our parking garages.

11:17:14 I know there's been a lot of discussion than on what to

11:17:17 do with that initially and we still believe we can use




11:17:20 our option site to auction those meters off to get the

11:17:25 best price for another municipality that may need that

11:17:27 type of technology.

11:17:28 Typically the smaller municipalities will buy larger

11:17:32 municipalities' parking meters.

11:17:34 But I have heard a lot of talk about donating some of

11:17:36 the meters for certain causes.

11:17:38 So we'll have to come to that decision as we move on.

11:17:41 >> And the poles that there are now with the numbers,

11:17:44 were they the existing poles?

11:17:46 >> In many cases --

11:17:48 >> Painted them?

11:17:48 >> Yes, we put a vinyl decorative shrink wrap sleeve.

11:17:53 It's a heat and sun resistant sleeve that will

11:17:56 hopefully last a lot longer than painting those poles.

11:17:59 It gives it a nicer look to the pole.

11:18:01 >> So basically what you have in storage is the hub

11:18:05 where the numbers are and the little thing that

11:18:08 takes --

11:18:09 >> Correct.

11:18:09 And some meter mechanism and the meter housing.

11:18:12 Those are in storage.




11:18:13 >>JOSEPH P. CAETANO: Okay, thank you.

11:18:15 >>THOMAS SCOTT: Any other questions?

11:18:17 Thank you, sir.

11:18:19 New business?

11:18:20 >>MARTIN SHELBY: Mr. Chairman, if we can.

11:18:23 I'm sorry.

11:18:23 I don't believe there's been a motion made on item 44

11:18:26 to accept the withdrawal and remove it from the agenda.

11:18:29 >>CHARLIE MIRANDA: Move it be removed from the agenda.

11:18:31 >> Second.

11:18:34 >>THOMAS SCOTT: Moved and seconded.

11:18:35 All in favor?

11:18:37 Opposes?

11:18:40 New business?

11:18:43 Councilman Stokes?

11:18:45 >>CURTIS STOKES: I would like to make a motion the city

11:18:48 enter into discussion with the county on funding

11:18:50 sources for transit.

11:18:56 >>THOMAS SCOTT: Is there a second?

11:18:58 >>MARTIN SHELBY: May I ask, is that a request of the

11:19:01 administration?

11:19:03 >>CURTIS STOKES: Yes, of the administration to enter




11:19:05 into discussion with the county looking for additional

11:19:08 financing or funding sources for transit.

11:19:10 >>THOMAS SCOTT: I think they are already doing that,

11:19:14 but that's fine.

11:19:15 >>CURTIS STOKES: The county is doing it but I don't

11:19:16 think the city is.

11:19:19 >>THOMAS SCOTT: I know at most levels, I know I had

11:19:22 some discussion with the MPO, with Mike mayer about it,

11:19:27 but it's been moved and seconded.

11:19:31 >>CHARLIE MIRANDA: I just want to clarify, me being a

11:19:35 very specific type individual.

11:19:36 What are we saying when we say broad form?

11:19:38 They do this with the county and so forth.

11:19:41 Are there going to be tax dollars involved?

11:19:43 Are you looking to for financing? That sounds great

11:19:46 but that involves money from somewhere.

11:19:49 >>CURTIS STOKES: What the county is doing is looking at

11:19:50 alternative financing sources other than the one cent

11:19:53 sales tax, looking at alternative financing options.

11:19:59 >>CHARLIE MIRANDA: I agree with that but what does

11:20:00 alternative financing mean?

11:20:02 There's only two taxes, mainly very few amount of




11:20:06 taxes.

11:20:07 We don't have income tax in the state so there's got to

11:20:10 be only certain tax tows look at and somebody has to

11:20:13 pay for it.

11:20:13 That's way don't understand.

11:20:17 >>CURTIS STOKES: It will be looking at creating the

11:20:19 corridors of the mechanism similar to something like a

11:20:24 TIF, if you will, along those corridors, so that in the

11:20:31 City of Tampa there's an issue with the county with

11:20:34 funding, or other part of the county, that taxes are

11:20:39 pulled from.

11:20:42 >> another hand?

11:20:46 >>JOSEPH P. CAETANO: I would like to get a --

11:20:48 >>GWEN MILLER: No, no.

11:20:49 We are in a motion.

11:20:50 >>JOSEPH P. CAETANO: I have nothing on the motion.

11:20:53 >>THOMAS SCOTT: We have a motion and second.

11:20:54 All in favor?

11:20:56 Opposed?

11:20:56 Okay.

11:20:58 >>CURTIS STOKES: Thank you, sir.

11:20:59 >>THOMAS SCOTT: Councilwoman Mulhern.




11:21:00 >>MARY MULHERN: I wanted to ask for a staff report

11:21:07 from either economic development and housing from land

11:21:11 development, Cindy Miller, about looking into possibly

11:21:19 properties that the city might have that could be used

11:21:22 for homeless shelter in-service area.

11:21:27 >>CHARLIE MIRANDA: Second.

11:21:28 >>THOMAS SCOTT: Moved and seconded.

11:21:29 All in favor?

11:21:30 Opposes?

11:21:31 Okay.

11:21:34 >>CHARLIE MIRANDA: I have none, sir.

11:21:36 >>GWEN MILLER: We know that we give the firefighter of

11:21:40 the quarter, but based on the schedule they are going

11:21:43 to be having a banquet.

11:21:45 I would like to change the date to October 6 -- to the

11:21:51 6th.

11:21:53 >>THOMAS SCOTT: All in favor?

11:21:54 Opposed?

11:21:55 >>MARTIN SHELBY: With regard to the staff report it

11:21:56 was open ended with regard to a day.

11:21:58 I don't know whether you wish to choose a day for that.

11:22:00 >>MARY MULHERN: How about the last meeting?




11:22:07 So which is --

11:22:17 >>MARTIN SHELBY: January 20th.

11:22:19 >>THOMAS SCOTT: And they look at housing, is what you

11:22:21 are saying.

11:22:21 >> To look at what properties the city has that might

11:22:24 be, you know.

11:22:25 >>THOMAS SCOTT: I don't know whether they can do it.

11:22:32 That's the thing about government.

11:22:33 When you have that, you may be limited in what you can

11:22:35 do with that.

11:22:36 >>MARY MULHERN: Right.

11:22:38 But they'll tell us that.

11:22:40 >>THOMAS SCOTT: I'm just telling you.

11:22:46 It's designed more or less for redevelopment.

11:22:49 >>MARY MULHERN: Let me give you an example.

11:22:55 It's possible they might be somewhere.

11:22:57 And I know Chip is going to tell us they have already

11:23:00 let -- you know, in this economy things have changed

11:23:04 and we have things that we have talked about

11:23:05 redeveloping that are not happening.

11:23:10 We have got the armory, which we don't own, but we do

11:23:12 have, you know, some rights to that.




11:23:24 We have the federal building which was supposed to be

11:23:26 used for shelter.

11:23:27 There are proposals for that.

11:23:28 But I just want to hear about if there's a possibility.

11:23:34 >> And that's really what I was looking for was more

11:23:39 direction because at times we have looked at elements,

11:23:42 when Catholic charities can go into Pinellas, there was

11:23:45 open property available.

11:23:46 But you are looking more at structures and things.

11:23:49 >>MARY MULHERN: I'm looking for anything.

11:23:51 Look at open property, too.

11:23:52 And I can expand this motion to also -- and I don't

11:23:55 know who we asked to do this from this

11:23:58 administration -- but to look for -- I guess it would

11:24:02 be Cindy Millers' department to look at what funding

11:24:06 there is available.

11:24:07 So we have open property that we could construct

11:24:10 something.

11:24:10 So either existing property, or existing land, anywhere

11:24:15 in the city.

11:24:15 >>THOMAS SCOTT: And I appreciate that but I think you

11:24:22 have to do a comprehensive approach.




11:24:24 Just to put somebody northbound a house is not enough.

11:24:26 I think you have to look at what are the issues, what

11:24:28 are the factors?

11:24:29 And that's why I said bringing together Metropolitan

11:24:32 Ministries, Salvation Army, homeless coalition, because

11:24:35 they are the expert with these particular issues, you

11:24:38 know.

11:24:39 And then maybe the city and also the county, because

11:24:46 they are really the social services agency for

11:24:48 Hillsborough County.

11:24:48 >>MARY MULHERN: Right.

11:24:51 We would have to work with them.

11:24:52 The reason I made this particular motion is I want to

11:24:54 hear that this city is looking for a solution, like

11:24:58 St. Pete did, like the sheriff over in Pinellas did,

11:25:01 let's show that we want to be a participant with

11:25:06 Metropolitan Ministries and the homeless advocates.

11:25:11 >>YVONNE CAPIN: I just want to ask for clarification.

11:25:16 You are asking for all the properties that are owned by

11:25:17 the city to be looked at?

11:25:20 >>MARY MULHERN: That's up to the discretion of the

11:25:23 administration.




11:25:24 I would like them -- if anybody has any ideas, it will

11:25:28 be a public meeting.

11:25:29 So anyone else -- I'm sure they are not going to

11:25:33 give -- I have lists of all the properties that the

11:25:35 city owns that are vacant.

11:25:36 So it's a lot.

11:25:40 They need to look at them and see if there's somewhere

11:25:43 that we can put, you know, construct or use an existing

11:25:46 building.

11:25:46 >> If I may, we looked at this before.

11:25:50 We looked at properties that were not in use, where

11:25:52 that use would be compatible with the area in which it

11:25:55 was located so that we did have some limited

11:25:57 constraints.

11:25:58 We looked at it before, and we can just update it.

11:26:05 >>MARY MULHERN: Since I have been here we have never

11:26:09 had a report on that.

11:26:11 I'm sure there's been a lot that's happened but we

11:26:13 never heard it in our council meetings.

11:26:15 >>THOMAS SCOTT: Councilwoman.

11:26:26 I thought we passed.

11:26:27 We voted on hers.




11:26:28 Do we need to revote?

11:26:30 Revote on Councilwoman Miller and that is the

11:26:33 firefighter.

11:26:33 Quarter for October 6th, 2011.

11:26:40 We carried that motion but we will make sure the clerk

11:26:42 who is the record keeper gets it.

11:26:43 All right?

11:26:44 All in favor signify by saying Aye.

11:26:49 Mr. Stokes and Mr. Miranda, have you all voted?

11:26:54 >>CURTIS STOKES: Yes.

11:26:54 [ Laughter ]

11:27:01 >>YVONNE CAPIN: I would like to make a motion to

11:27:03 present the Islamic medical association of North

11:27:06 America Tampa Bay chapter in honor of hosting a

11:27:10 regional meeting January 15th in Tampa to be

11:27:14 presented at the event.

11:27:15 It will be over 200 physicians coming from all over

11:27:18 Florida region to attend.

11:27:20 >> Second.

11:27:23 >>THOMAS SCOTT: Moved and seconded.

11:27:25 All in favor?

11:27:26 Opposes?




11:27:27 Anything else?

11:27:27 Councilwoman Caetano.

11:27:29 >>JOSEPH P. CAETANO: Yes, Mr. Chairman.

11:27:30 We have a Boy Scout troop called the zoo troop.

11:27:34 In fact, Mr. Goodry was one of the first Boy Scout

11:27:38 masters, and his son was one of the first eagle scouts

11:27:42 there, and they are going to have their 15th

11:27:48 anniversary, and I want to give a commendation for that

11:27:50 day on February 10th.

11:27:52 >>THOMAS SCOTT: Moved and seconded.

11:27:54 All in favor?

11:27:55 Opposed?

11:27:57 >> I would like to make a motion to change council's

11:27:59 policy relating to waiving of the rules.

11:28:02 Specifically, I want the word unanimous changed to

11:28:05 majority.

11:28:07 Very rarely when we have a controversial subject before

11:28:10 us do we get a majority, okay.

11:28:15 >>THOMAS SCOTT: Okay, that's fine.

11:28:16 But I know we debated this issue when I first came on

11:28:20 council.

11:28:20 I'm adjusts telling you.




11:28:22 We debated the issue when we first came on council.

11:28:25 >> That's because you came from the county commission.

11:28:29 Things were different.

11:28:35 >>CHARLIE MIRANDA: May I add this?

11:28:36 Here it takes five votes to override administration,

11:28:38 four votes to pass something, seven votes to -- our own

11:28:46 what we are just discussing now.

11:28:48 And at the time that council changed -- it wasn't like

11:28:52 that before -- to seven unanimous votes, how many

11:28:55 members were present?

11:28:56 How many voted?

11:29:02 I'm waiting.

11:29:02 >>MARTIN SHELBY: I don't know the exact answer.

11:29:04 I know at least four.

11:29:08 >>CHARLIE MIRANDA: So four that it takes to pass a

11:29:10 normal thing votes on seven.

11:29:12 Boy, that's democracy.

11:29:13 >>MARTIN SHELBY: Council's pleasure.

11:29:18 Council's rule.

11:29:20 >>CHARLIE MIRANDA: I am just bringing it up because I

11:29:21 realized today I wasn't there so I know there had to be

11:29:24 at least no more than six.




11:29:31 >> Second the motion.

11:29:32 >>THOMAS SCOTT: Restate your motion.

11:29:34 >>JOSEPH P. CAETANO: The motion is to change --

11:29:36 waiving of the rules specifically I want the word

11:29:38 "unanimous" changed to "majority."

11:29:41 Very rarely when we have a controversial issue before

11:29:44 us do we get a unanimous vote.

11:29:48 That would be seven, if there's seven here.

11:29:53 >>CHARLIE MIRANDA: I want that majority -- majority can

11:29:56 mean four out of five is majority.

11:29:58 But I would like to change that.

11:29:59 I agree with what you are saying.

11:30:01 I don't want to just carte blanche it out.

11:30:04 I would like to see seven, which is five of the seven.

11:30:07 Super majority.

11:30:08 >>MARTIN SHELBY: Question, super majority of the

11:30:11 entire council, or superintendent members present?

11:30:14 >> Of the entire council.

11:30:16 And I am not just trying to be one way or the other.

11:30:19 Maybe Mr. Fletcher.

11:30:21 >>CHARLES FLETCHER: Typically waiving of rules does

11:30:26 require super majority of some sort defined by the




11:30:28 body, and then that number is usually affixed number.

11:30:32 So I would suggest that you pick four or five or six or

11:30:36 seven or whatever that number is that you want.

11:30:41 >>JOSEPH P. CAETANO: Would it be a majority of those

11:30:42 present?

11:30:46 Cheap Chip it's the discretion of the board but

11:30:48 generally you create a rule --

11:30:51 >>MARTIN SHELBY: Of the entire council would be by

11:30:53 definition five.

11:30:55 >>THOMAS SCOTT: And then super majority of six would

11:30:58 be, what, four?

11:31:01 >>MARTIN SHELBY: Super majority of the council, not

11:31:03 necessarily those present.

11:31:04 And you have the restriction of the charter requiring

11:31:07 four votes to take any action anyway, regardless.

11:31:09 Even if you had four members, you couldn't do a

11:31:11 majority of those present because you would be less

11:31:12 than what the charter requires.

11:31:14 >>CHARLES FLETCHER: So super majority and then pick a

11:31:19 number of votes.

11:31:20 Super majority of five?

11:31:21 Super majority of six?




11:31:23 Whatever council's choice is there.

11:31:24 >>MARY MULHERN: I don't remember when we voted.

11:31:28 I mean, I have a vague memory, but I don't remember

11:31:32 what prompted it and why we had that discussion.

11:31:34 But Mr. Fletcher, you said it's typically a super

11:31:38 majority to waive rules S.that something that's in the

11:31:41 Robert's Rules of Order?

11:31:42 And then my question, does anyone remember, did we go

11:31:47 from it being a super majority to being unanimous?

11:31:53 I don't remember how we arrived at that.

11:31:55 >>MARTIN SHELBY: I am going from recollection here,

11:31:58 but the issue if I recall correctly came specifically

11:32:01 of when council wanted to initiate a break for lunch.

11:32:06 [ Laughter ]

11:32:15 Council does not have that in the way of procedure.

11:32:17 Once that's in the rules of procedure the issue is

11:32:20 whether an individual council member would be provided

11:32:22 in effect veto power over that decision which is what

11:32:24 the unanimous vote does.

11:32:26 It gives the individual council member veto power.

11:32:29 >>MARY MULHERN: Oh, okay.

11:32:35 >>THOMAS SCOTT: But let me take you back.




11:32:38 The rule was enacted before I became an elected

11:32:41 official.

11:32:42 That's number one.

11:32:43 Second, I became an elected official, I argued against

11:32:47 the rule.

11:32:47 I lost.

11:32:48 I was new on the board.

11:32:49 You were here.

11:32:50 >>MARY MULHERN: I don't even remember.

11:32:53 >>THOMAS SCOTT: You were here.

11:32:54 The two new ones were not here.

11:32:57 Were not here.

11:33:01 Whether they were at the meeting I'm not sure because I

11:33:04 argued against it.

11:33:05 I said you all have got to be crazy.

11:33:07 But one person --

11:33:10 >> Somebody was really hungry.

11:33:14 >>THOMAS SCOTT: At that point somebody said yes

11:33:17 So I'm just saying, okay?

11:33:19 But the motion is on the floor to bring back to change

11:33:22 that rule to super majority.

11:33:24 Super majority of seven will be five.




11:33:26 Is that right?

11:33:28 Okay.

11:33:28 The motion, all in favor signify by saying Aye.

11:33:31 Opposes?

11:33:32 Okay.

11:33:32 >>JOSEPH P. CAETANO: Thank you.

11:33:38 >>THOMAS SCOTT: I would like to make a motion that we

11:33:47 give a commendation to the black history committee

11:33:51 February 16 at their program.

11:33:52 >>GWEN MILLER: I have a motion and second.

11:33:54 All in favor?

11:33:55 Opposed?

11:33:59 >> And then Mr. Frank Crum will come before council to

11:34:00 make an announcement about the program for that

11:34:02 particular month.

11:34:03 Okay.

11:34:03 >>JOSEPH P. CAETANO: Mr. Chairman, I would like to ask

11:34:05 a question.

11:34:06 >>THOMAS SCOTT: Yes, sir, you may.

11:34:07 >>JOSEPH P. CAETANO: Is it proper if I want to give

11:34:09 each council member a present?

11:34:13 And what it is, it's a flashlight that will shed light.




11:34:19 I have one for each council member.

11:34:21 And I will give one to the clerk and one to our

11:34:25 counselor here.

11:34:25 >>THOMAS SCOTT: As long as it's not $100.

11:34:33 As long as it doesn't cost more than $100.

11:34:36 >>JOSEPH P. CAETANO: It's about a dollar apiece.

11:34:41 Under what is it, $100?

11:34:43 [ Laughter ]

11:34:45 >>MARTIN SHELBY: There's two issues that I would like

11:34:46 to resolve.

11:34:49 I discussed this matter previously, and I discussed it

11:34:52 with Julia Cole.

11:34:53 It would be my recommendation.

11:34:55 I would respectfully ask City Council to direct the

11:34:58 city code be amended to allow for reconsideration of

11:35:01 quasi-judicial matters in the instances of fraud or

11:35:05 mistake similar to Hillsborough County's language.

11:35:07 >>THOMAS SCOTT: Moved and seconded.

11:35:13 All in favor?

11:35:15 >>MARTIN SHELBY: With regard to Mr. Michelini he's

11:35:17 situation, Mr. Chairman, you have allowed the

11:35:21 opportunity if there were any additional mechanisms to




11:35:23 be able to allow that and unfortunately I am not aware

11:35:26 of any to bring before council for consideration.

11:35:29 >>THOMAS SCOTT: Okay.

11:35:30 Mr. Michelini?

11:35:32 >>STEVE MICHELINI: I just ask that the council please

11:35:33 indulge me.

11:35:36 I am asking for mercy.

11:35:38 An not have to go through the hardship of going back to

11:35:40 the VRB, and respectfully request that the council

11:35:45 reconsider their early action and allow me to come back

11:35:50 to the City Council with a notice appeal hearing.

11:35:54 >>THOMAS SCOTT: Repeat that again?

11:35:59 >>STEVE MICHELINI: I would have to notice -- there

11:36:01 were no opponents to this request.

11:36:03 No one showed up in opposition to my request initially.

11:36:07 I'm required to notify the homeowners association.

11:36:09 The homeowners association called me and were very

11:36:12 supportive of our request.

11:36:14 But I still have to notify them of an appeal hearing.

11:36:18 And I'm respectfully requesting council to allow me to

11:36:22 get back before you under an appeal basis, and I would

11:36:26 still have to notify the homeowners association.




11:36:28 But in order to do that you would have to waive your

11:36:30 rules to allow that reconsideration to occur.

11:36:33 >>THOMAS SCOTT: Well, we took a vote earlier on that,

11:36:35 Mr. Michelini, and the problem with that is, the rule

11:36:38 that still is in effect -- and I don't know -- I guess

11:36:43 we don't have a process to override that.

11:36:45 And that's the whole problem we have.

11:36:47 >> I was just asking perhaps if a council member had a

11:36:51 change of heart, that's all, and if they had, to allow

11:36:54 me to do that.

11:36:54 >> Here is a flashlight.

11:37:02 [ Laughter ]

11:37:02 >>THOMAS SCOTT: I have one or two other items here,

11:37:05 it's oversight, that the request came in to me, a

11:37:09 letter requesting that we name a street, I guess, after

11:37:12 Mr. Collins.

11:37:16 LeRoy Collins.

11:37:20 So what I would do is recommend we send it over to the

11:37:23 administration for consideration.

11:37:24 >> Second.

11:37:26 >>GWEN MILLER: Motion and second.

11:37:28 All in favor?




11:37:29 Opposed?

11:37:30 >> Then lastly, a welcome letter from Tampa City

11:37:33 Council for the fifth annual college bound program

11:37:37 hosted by Hillsborough community college.

11:37:40 >>GWEN MILLER: Motion and second.

11:37:41 All in favor say Aye.

11:37:43 Opposed?

11:37:44 >> Any other business needs to come before City

11:37:46 Council?

11:37:46 >>GWEN MILLER: Move to receive and file.

11:37:48 >> Second.

11:37:50 >>THOMAS SCOTT: All in favor?

11:37:51 Anything else?

11:37:52 If not we stand adjourned.

11:37:54



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