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Thursday, May 19, 2011
9:00 a.m. Session


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09:04:23 >>CHARLIE MIRANDA: Tampa City Council is called to

09:04:24 order.

09:04:25 The chair yield to Lisa Montelione.

09:04:31 >>LISA MONTELIONE: I would like to yield to recognize

09:04:38 Reverend Phyllis Hunt from the Metropolitan Community

09:04:40 Church of Tampa.

09:04:40 >> Would you give praise for the beauty of this day?

09:04:45 We lift up to you the members of our City Council who

09:04:48 bring their wisdom, their heart, their skill, to do

09:04:55 great work for our city.

09:04:58 May we be mindful, O God, of the privileges that we

09:05:01 have as we work towards those things which we need

09:05:12 whose lives have been disrupted by financial

09:05:14 situations, medical situations, unexpected tragedy.

09:05:22 May we be mindful of the beauty of our city.

09:05:28 And may we work through what is diversity that unite

09:05:34 us.

09:05:35 We thank you, O God, for this privilege.

09:05:45 And we pray for our leaders, work with leaders around

09:05:49 the globe for justice and for piece.

09:05:57 For those in the community to be your hands and your

09:06:00 heart, for each of us to make a difference, as our

09:06:04 difference makes a difference in the world we touch.

09:06:06 In all that is sacred and holy, we ask this.

09:06:11 Amen.

09:06:12 [ Pledge of Allegiance ]

09:06:40 >>CHARLIE MIRANDA: Roll call.

09:06:41 >>MIKE SUAREZ: Here.

09:06:44 >>YVONNE CAPIN: Present.

09:06:45 >>FRANK REDDICK:

09:06:48 >>MIKE COHEN: Here.

09:06:49 >>LISA MONTELIONE: Here.

09:06:50 >>CHARLIE MIRANDA: Here.

09:06:53 Before we begin, we have some special guests this

09:06:55 morning from Randall middle school.

09:06:57 And I think you're so nice looking and so well dressed

09:07:02 and so well prepared that I think we are going to

09:07:05 introduce you.

09:07:09 Jepsen Clements, is he here?

09:07:14 You look good on television.

09:07:16 Kevin Winslow.

09:07:17 Nice looking young man.

09:07:19 Connor Harmon?

09:07:25 Looks like a short stop.

09:07:27 Dallas Strickland.

09:07:28 A model.

09:07:30 Julian gray.

09:07:34 Nice looking young man.

09:07:35 And they are here today to see how a field trip and how

09:07:40 government works.

09:07:40 Did I miss anyone other than the individual who brought

09:07:44 them, Elizabeth -- I hope I pronounce it right -- but I

09:07:49 don't think I will -- PERZOLISI.

09:07:58 I was close.

09:08:00 I'm sorry, I didn't have your name.

09:08:03 It's our pleasure meeting you.

09:08:05 Thank you for coming and at this time we go to the

09:08:11 ceremonial activity.

09:08:12 The chair yield to the honorable Frank Reddick.

09:08:28 Thank you, Mr. Chairman.

09:08:33 Good morning, council.

09:08:34 It is an honor for me to stand here this morning to

09:08:36 present a commendation to two fine gentlemen who saved

09:08:41 the lives of a human being in East Tampa.

09:08:45 A fire broke out, as you can see, a fire broke out, and

09:08:55 these two young men were able to go in.

09:08:59 They tried with an ax, the break-ins, the house had

09:09:06 burglar bars and couldn't do it.

09:09:09 So they took special equipment for one of these

09:09:13 gentlemen to come through to save this home while it

09:09:17 was burning, on fire.

09:09:21 To this day the families of the person they rescued,

09:09:27 the one who is dear to the family, they have to be

09:09:31 thankful to these gentlemen.

09:09:32 I just want to take the opportunity to recognize them

09:09:35 and accommodate them for what they done to make sure

09:09:39 that this person was able to live for a long time, I

09:09:44 hope.

09:09:45 So I would like to present to corporal Eric Wilkinson,

09:10:04 for assess ting the rescue of a burning home, with

09:10:10 little consideration of your own safety and welfare for

09:10:12 April 19, 12011.

09:10:14 On behalf of City Council, we extend best wishes to you

09:10:19 for your commitment to make our community a better work

09:10:24 to work and play.

09:10:26 We thank you, sir, for what you have done.

09:10:31 [ Applause ]

09:10:40 >> Thank you very much.

09:10:41 I appreciate this.

09:10:42 We try to do a lot of hard work so it's nice to be

09:10:46 appreciated.

09:10:47 But I do guarantee that any other police officer in the

09:10:50 City of Tampa would have done the same thing.

09:10:52 But I do appreciate it.

09:10:54 And I would like to thank the chiefs.

09:10:58 Actually both sides.

09:11:01 A busy day to be here.

09:11:10 Anyway, I thank you very much.

09:11:12 I do appreciate it.

09:11:12 >>FRANK REDDICK: Also, we would like to present this

09:11:24 commendation to firefighter Jason LUNA, for the rescue

09:11:31 from this burning home with little consideration of

09:11:33 your life and well-being on April 21, 2011.

09:11:42 This commendation presented by the Tampa City Council.

09:11:46 [ Applause ]

09:11:48 >> Thank you very much.

09:11:50 I appreciate it.

09:11:55 It's humbling.

09:12:02 Thank you for everybody here.

09:12:04 I really appreciate it.

09:12:08 Thank you very much.

09:12:09 [ Applause ]

09:12:17 >>CHARLIE MIRANDA: Just let me say that we feel very

09:12:20 honored to have good people working in both the fire

09:12:22 department and the police department, men and women who

09:12:25 do this by training and by instinct without regard of

09:12:31 their life.

09:12:32 Thank you both very much for being here.

09:12:42 For the record, the fire department beat the veterans.

09:12:46 I hate to say this.

09:12:48 8-6.

09:12:54 It will not happen this Sunday.

09:12:55 All right.

09:12:56 Next, Mr. Wit Ostrenko from the museum of science and

09:13:05 industry on the motion of Mr. Suarez and Mrs.

09:13:11 Montelione to be named Hispanic scientist of the year

09:13:16 2011.

09:13:16 >> Wit Ostrenko, MOSI, 23 and a half years.

09:13:26 This is our eleventh year.

09:13:27 And every time, we follow the wonderful men and women

09:13:33 of the fire department and police department.

09:13:35 It's very hard to sit here and just talk to you briefly

09:13:39 about what the science center does for our community.

09:13:43 We are sort of the beginning of the pipe lane for our

09:13:47 scientists and our technologists, our engineers, our

09:13:51 mathematicians, our medical doctors.

09:13:54 We get kids excited about the sciences at an early age.

09:14:00 There is a pipeline.

09:14:07 What we would like to do with the eight, nine,

09:14:10 ten-year-olds like the kids behind us.

09:14:12 They kind of have a dream of what they want to be.

09:14:16 And a scientist or physician, they can recall back to

09:14:18 the time that they were young, and they had a dream,

09:14:21 and that's what we are here to do is inspire those

09:14:23 young people to go on to college and major in the

09:14:29 sciences.

09:14:30 But there's a group of people in our community that are

09:14:33 having a tough time even graduating from high school.

09:14:38 Hispanic kids drop out at a 30% rate, boys and girls.

09:14:42 And we take it as a challenge to do something about

09:14:45 that.

09:14:47 And I would like to introduce you to our volunteer

09:14:53 chair of the national Hispanic scientist of the year,

09:14:58 Mr. Garcia, were a national firm, and we are glad to

09:15:04 have him in Tampa.

09:15:05 >> Thank you, wit.

09:15:08 First, thank you very much for having us here today.

09:15:10 I want to bring our founding sponsors of the event,

09:15:14 long before I joined MOSI on the board, and it would

09:15:20 not be a success like it is today, and I want to thank

09:15:23 you very much.

09:15:26 And I also want to give you a little update.

09:15:28 Last year we grew the event about 25%.

09:15:30 We had about 1200 students the year before and we

09:15:33 brought in about 1500 students so it is growing thanks

09:15:37 to the community for your support.

09:15:38 I know, chairman Miranda has been there many years.

09:15:45 I think he's been there to all of them if not most of

09:15:48 them, and I would like to invite you to attend.

09:15:51 It is for a great cause, a big problem in our

09:15:56 community, and we are just trying to help one child at

09:16:01 a time.

09:16:01 I know personally that mentoring can make a big

09:16:04 difference, because I was one of those percentages

09:16:09 talking about earlier and thank God I was able to cycle

09:16:12 through that and make some things happen for me and my

09:16:14 family and be productive.

09:16:16 >> The founding sponsor is Bright House.

09:16:30 >> Good morning, Mr. Chairman, members of City Council.

09:16:33 My name is Carlos Castilla of Bright House Networks,

09:16:40 and it's our honor to be sponsor for the eleventh year

09:16:44 in a row.

09:16:44 I hope you are able to join us at the event.

09:16:46 And go Bolts.

09:16:48 Thank you.

09:16:50 >>CHARLIE MIRANDA: Somehow the Suarezes, the Capins and

09:16:55 Mirandas can never be the scientist of the year.

09:16:57 I can't figure that out.

09:16:59 [ Laughter ]

09:17:02 >> Christian Samper, a very young guy, has a big job in

09:17:10 Washington.

09:17:10 I was able to meet him, one of my trips lobbying in

09:17:15 Washington on my medical business.

09:17:16 He's very excited about mentoring young children, very

09:17:20 interested in Tampa, what the museum does in the event.

09:17:22 So I think he's going to be great for us.

09:17:26 >>CHARLIE MIRANDA: I know that due to the great draw

09:17:27 that this community has from all over the country, I

09:17:30 believe we have now one or two of these great

09:17:34 scientists living in Tampa.

09:17:35 >> Dr. Diaz, yes.

09:17:39 >> Thank you all three of you very much and thanks to

09:17:44 Bright House for being the lead sponsor.

09:17:46 All right.

09:17:46 Item number 3, Mrs. Montelione is going to make a

09:17:52 presentation to Alan Snel of the bicycle dealers

09:17:58 association.

09:17:58 >>LISA MONTELIONE: Thank you.

09:18:05 It is my privilege to present this commendation to Alan

09:18:07 Snel.

09:18:09 Alan is the director of the southwest Florida

09:18:13 alliance -- southwest bike united dealers, often known

09:18:20 as SWFMD, and he founded the bicycle club.

09:18:28 This morning we had the bicycles to work day, and Alan

09:18:32 had the privilege of biking to work this morning, with

09:18:37 Mayor Buckhorn, and really, he has spearheaded, it's

09:18:43 really his work that has brought bicycling not only as

09:18:47 a recreational activity but as a method of commuting to

09:18:52 many who live here in Tampa.

09:18:55 So I would like to read this commendation into the

09:18:57 record.

09:18:59 Tampa City Council commendation presented to Alan Snel,

09:19:03 the Tampa City Council recognizes your tireless work in

09:19:05 promoting bicycle safety and bicycling as a healthy

09:19:08 lifestyle.

09:19:09 It is because of your work that bicycling is now

09:19:11 recognized as an alternative method of transportation

09:19:14 for so many in the City of Tampa.

09:19:16 In this month of May, national bike month, on this day,

09:19:20 Thursday, May 19, 2011 also known as national bike to

09:19:24 work day, it is with great pleasure that the Tampa City

09:19:26 Council presents to you this commendation.

09:19:31 Alan?

09:19:33 [ Applause ]

09:19:41 >> It's kind of embarrassing for me to receive this

09:19:44 award.

09:19:45 I might lose some of my street -- it's a humbling award

09:19:51 and I'm really honored.

09:19:53 As a lot of City Council members know, I talked with

09:19:57 personally on the campaign trail as well as numerous

09:20:00 times before the City Council in the past three to four

09:20:03 years, and I have to say that we do have this wonderful

09:20:07 burgeoning bicycle movement in Tampa, and really

09:20:09 there's multiple people.

09:20:12 Karen Krause of the Tampa downtown partnership put on

09:20:16 the mayor's ride and she's done some great work.

09:20:18 And we had two fellows who put on last night ride to

09:20:25 silence.

09:20:26 I would like to put a smiley face on the issue but when

09:20:29 people are getting killed on bicycles it's hard to do

09:20:31 that sometimes, and we have so many ghost bikes in the

09:20:33 Tampa area.

09:20:34 We have four that it was impossible to have a single

09:20:37 ride to include all the ghost bikes last night.

09:20:40 We had to have two separate bicycle rides.

09:20:42 And it's about transportation, about livability, and

09:20:45 also about public safety.

09:20:47 And I want to say that I have a sense of positive

09:20:54 feeling toward improving bicycling, because we have a

09:20:58 Councilwoman, Mary Mulhern, who got bicycling on the

09:21:01 agenda as part of the bicycle safety action plan within

09:21:04 the past year.

09:21:06 Councilwoman Capin showed up six weeks ago to a

09:21:10 restaurant bicycle tour in Seminole Heights and she

09:21:12 said something very profound, and that was, she told

09:21:15 all of the bicyclists, about one hundred bicyclists

09:21:18 gathered in a parking lot in a local restaurant, and

09:21:20 she said by just biking you are activists, and truer

09:21:25 words could not be told.

09:21:27 As council members, if you get behind bicycling, you

09:21:29 also will be activists as well.

09:21:32 I had a fantastic -- Harry Coe's mom on the campaign

09:21:39 trail.

09:21:41 I thought the best way to get to the Harry was through

09:21:43 his mom.

09:21:44 So hopefully that will pay off.

09:21:46 And I think the entire council has a lot of potential

09:21:52 to work with Mayor Buckhorn.

09:21:54 Just for you to know, assistant Chief Bennett was right

09:21:56 here, and he was, along with about a dozen other Tampa

09:21:59 police officers on the ride, and they unveiled a bike

09:22:06 share the road bicycle campaign this morning which is

09:22:09 fantastic.

09:22:09 We have a lot of partners and people are moving

09:22:11 bicycling up in Tampa from many different directions so

09:22:14 it's not just me.

09:22:16 But I really accept this really on behalf of all the

09:22:18 people working to improve bicycling in Tampa.

09:22:20 And I really appreciate it.

09:22:22 Thank you very much.

09:22:26 [ Applause ]

09:22:27 >>CHAIRMAN MIRANDA: (Off microphone)

09:22:45 >> Thank you very much.

09:22:45 I have been with the Florida orchestra for about a

09:22:47 little over three years now.

09:22:49 It's my first time coming to present to council.

09:22:51 I apologize for taking so long.

09:22:56 We are very grateful for the support of the council and

09:22:59 the City of Tampa.

09:23:03 And I want top take a moment to just talk about where

09:23:08 the orchestra is and some items we are working on.

09:23:11 I know councilman Cohen was recently at our parks

09:23:14 concert about two weeks ago, Curtis Hixon park.

09:23:21 And the Florida orchestra is becoming I think one of

09:23:25 the most vibrant orchestrating in the country.

09:23:28 We spent a lot of time in the last year asking

09:23:30 ourselves some really big questions, like why do we

09:23:33 exist?

09:23:33 And we exist for a variety of reasons.

09:23:37 We make great music.

09:23:39 We help people experience new emotions.

09:23:43 We bring cultures together.

09:23:45 We are a reason to recruit people into this community.

09:23:47 We play a number of roles.

09:23:50 But we only succeed in those missions to the extent

09:23:53 that our halls are full.

09:23:54 So we have been looking at what are the barriers to

09:23:58 attending concerts.

09:24:00 And after experimenting for about a year and a half, we

09:24:05 have decided that the primary barrier for people coming

09:24:09 to symphonies is price.

09:24:12 And if we look at what's happened to the price of the

09:24:17 arts, not just in symphony, opera, ballet, art museums,

09:24:23 the hearts in general over the last half century, the

09:24:25 cost of attending the arts has dwarfed the rate of

09:24:28 inflation and now lots of people just can't afford to

09:24:31 go to the symphony or attend arts activities anymore.

09:24:34 And so we have been experimenting with drastically

09:24:37 lower ticket prices, and we found that when we lowered

09:24:40 those prices, not by 10 or 5% but by 50%, that the

09:24:50 numbers of people coming drastically increased.

09:24:53 And not only did we start serving hugely more people,

09:24:56 but those people didn't look like our regular audience.

09:25:00 The people who started to come were less white than the

09:25:10 audience has been and much younger than our traditional

09:25:13 audiences.

09:25:14 So a major initiative that we have announce just about

09:25:16 a month ago is a lowering of our ticket price across

09:25:22 the board, so that now all of our tickets to all

09:25:28 Florida orchestra subscription concerts are 15, 30 and

09:25:32 $45.

09:25:33 More than half the hall for all of our concerts is $30

09:25:36 or less.

09:25:38 We launched about a month ago, 12 weeks ago, and what

09:25:44 we have seen already is.

09:25:48 the number of people buying tickets has for next

09:25:51 season attracting about 21% ahead of last year.

09:25:55 And this was after last year when we were just

09:25:58 experimenting, we saw an 18.5% growth for the season

09:26:03 that's just wrapping up next week.

09:26:05 So the number of people that we are serving in this

09:26:10 community has grown drastically through this activity.

09:26:15 Also, we have looked at why have people -- what is the

09:26:20 reason that people stop attending? And we found the

09:26:23 main reason that people stop attending the orchestra is

09:26:25 that they don't feel comfortable driving at night

09:26:29 anymore.

09:26:30 And so we have taken a coffee series concert which was

09:26:35 Thursday mornings.

09:26:36 We had six of those.

09:26:37 We added a concert last year.

09:26:40 Usually when you add a concert to the subscription

09:26:43 series you see a decrease in subscribership for at

09:26:46 least a year or two.

09:26:47 Some people say, I just don't want another concert.

09:26:50 We added a concert and saw 4% growth.

09:26:53 That's unheard of.

09:26:54 So this year we said, all right, let's take the coffee

09:26:57 series and introduce a new one in another city in,

09:27:00 Clearwater.

09:27:01 And when we added that new free concert series of

09:27:06 Wednesday morning concerts, in fact, we blew away all

09:27:10 of our projections for how that would be received.

09:27:12 The next year we are going to take our next series.

09:27:21 So when we look at people stop coming, daytime, we have

09:27:24 been moving it to daytime more.

09:27:26 Then we know that the main reason that people don't

09:27:29 attend at all is because whatever they think symphony

09:27:32 is, they think I not for them, and so we have been

09:27:36 experimenting over the last few years with rock concert

09:27:43 format and have been highly successful with those and

09:27:45 will be launching a rock concert series.

09:27:48 And then we are going to launch a series of family

09:27:52 concert series.

09:27:54 People with children in the homes tend not to subscribe

09:28:00 to symphony but with a family series they will come to

09:28:03 that.

09:28:03 So groups of people who don't trap additionally attend

09:28:08 symphonies, and hope we make sense for you.

09:28:13 And so far, those formats have all helped us draw many

09:28:19 more people and much more diverse array of our

09:28:23 community.

09:28:26 Another big question we have been asking ourselves is

09:28:30 what does the Florida orchestra do best in the world?

09:28:35 And what we do best in the world, I think, is actually

09:28:39 not Beethoven's Ninth Symphony.

09:28:43 I think the Vienna Philharmonic performs it better than

09:28:47 we do.

09:28:47 I think what we do best in the world is bringing the

09:28:49 Tampa Bay area together as a single community.

09:28:55 At point during my tenure in town, I have been

09:28:58 disappointed when political, corporate, and community

09:29:02 leaders have talked divisively about Tampa, St. Pete,

09:29:07 the different towns in the area, when in fact we are

09:29:10 much more powerful as a single unit.

09:29:13 And I think about companies like Publix that serve it

09:29:16 is entire Tampa Bay area, does a great job.

09:29:19 I have never crossed the Howard Frankland to go to

09:29:22 Publix.

09:29:23 I go to one by my house.

09:29:25 The Bolts do a great job of bringing people to Tampa.

09:29:28 But nobody ever goes to St. Petersburg to see the

09:29:32 Bolts.

09:29:32 It a one-way trip.

09:29:34 We have unlimited exchange for subscribers and we know

09:29:39 a third of our tickets -- we are taking thousands of

09:29:43 people across all the bridges in both directions all

09:29:45 the time.

09:29:46 A whistle ago, I developed a theory that are we do that

09:29:49 more than anybody else.

09:29:54 I have yet to see somebody raise their hand and say,

09:29:57 no, I think we do it more.

09:29:59 So I think in fact we do that more than anybody else.

09:30:02 And in the process, people see the bridges aren't that

09:30:06 long.

09:30:06 Yes, the downtowns are nice.

09:30:08 The downtowns have good restaurants and nice halls.

09:30:10 And we help bring the community together as a single

09:30:14 unit.

09:30:15 We do in the process, in the specific night when we are

09:30:22 in Tampa, or in St. Petersburg, we are only serving

09:30:26 St. Petersburg or Clearwater, burr in aggregate we

09:30:28 serve everybody.

09:30:29 So now we are asking ourselves, what specific actions

09:30:33 can we take that serve everybody at the same time?

09:30:37 And we have just signed our first recording contract

09:30:43 with the largest distributor of classical music in the

09:30:46 world.

09:30:46 When we record, the goal will be to be reviewed, to be

09:30:55 nominated for Grammys, when that happens we are not

09:30:58 representing a specific city, we are representing Tampa

09:31:01 Bay area and are able to serve this community better.

09:31:07 When we tour, we are not serving any one city, we are

09:31:12 serving the area.

09:31:21 This is my first time talking to you, covering a

09:31:24 variety of topics.

09:31:27 I'm happy to answer any questions because I haven't

09:31:31 spoken to you yet..

09:31:37 >>CHARLIE MIRANDA: Thank you very much.

09:31:39 All right.

09:31:39 Before we go to the ceremonial activities that we had

09:31:43 today for those especially young individuals, they are

09:31:47 here this morning.

09:31:48 Item 1 through 4.

09:31:50 I need adoption for the minutes of the regular session.

09:31:53 I need a motion of May 5th, the year 2011.

09:31:57 A motion by Ms. Mulhern, seconded by Mr. Cohen.

09:32:01 All in favor of the motion please indicate by saying

09:32:03 Aye.

09:32:05 Motion passes unanimously.

09:32:06 Before we go to approval of minute or any changes,

09:32:08 madam clerk, to the agenda be?

09:32:19 >> (microphone off)

09:32:25 We have a new business item.

09:32:26 We have a resolution approving the appointment of Myria

09:32:32 wavy to the equal business opportunity advisory

09:32:35 committee for a two-year term.

09:32:38 We have a resolution approving the appointment of Jason

09:32:42 Wilson to the Enterprise Zone Development Agency for a

09:32:48 four-year term.

09:32:49 We have a resolution approving Kevin Meniere as a

09:32:57 member of the Historic Preservation Commission for a

09:32:59 three-year term.

09:33:00 We have a resolution approving the appointment of

09:33:04 Charlotte Herzey as a member of the civil service board

09:33:09 to a three-year term, and confirming the appointment of

09:33:16 Louise E. Vieira as a member of the civil service board

09:33:22 for the unexpired term of Mike Suarez.

09:33:26 And, in addition to giving a three-year term,

09:33:33 additional three-year term ending June 8, 2014.

09:33:38 We have a new business item resolution establishing a

09:33:44 revised schedule of fees for the administrative SU-1

09:33:52 permit.

09:33:52 We also have a resolution setting a public hearing on

09:33:56 June 9th, 2011 at 5:01 and June 23rd, 2011 at

09:34:03 9:30 making revisions to chapter 27 related to college

09:34:12 youth in Ybor City.

09:34:12 We have a resolution setting a public hearing on June

09:34:15 9th at 5:01 p.m. and June 23rd, 2011 at

09:34:22 9:30 a.m., on an ordinance making revisions to chapter

09:34:27 27 relating to Michael brewery youth.

09:34:36 Then under item 31 there's a substitution to correct a

09:34:41 minor typographical error in the original submission.

09:34:47 This is a maintenance agreement with RD Channelside.

09:34:50 That item is also being pulled and will be heard in

09:34:55 conjunction with item 47 which is a closure public

09:34:59 hearing at 10:30.

09:35:02 Item 46 cannot be heard.

09:35:05 That's a petition of greater Mount Carmel AME church.

09:35:10 The petitioner misnoticed.

09:35:13 And it has been administratively rescheduled for July

09:35:17 14, 2011 at 10:30 a.m.

09:35:22 Item 48, that public hearing be removed from the agenda

09:35:31 because it has been converted to an SU-1.

09:35:37 Item 50, 1704, that's petition for 1704 North Howard

09:35:44 Avenue cannot be heard due to misnotice.

09:35:48 The public hearing has been administratively

09:35:50 rescheduled to June 23rd, 2011 at 10:30 a.m.

09:35:58 There is also one item to be walked in by chief

09:36:03 assistant city attorney Sal Territo that has been

09:36:06 approved by the chair.

09:36:10 >>SAL TERRITO: Legal department.

09:36:12 I have been asked to submit to you a resolution calling

09:36:14 for public hearing on June 2nd at 9:30 to address

09:36:17 the projects that will be funded by the one half cent

09:36:22 sales tax.

09:36:23 That comes up every five years.

09:36:25 This is a chance for the public to comment on it.

09:36:27 The actual hearing will be on the 23rd for you to a

09:36:29 professor address that issue.

09:36:31 But this is just calling for the public hearing.

09:36:33 The list will be supplied to you on the agenda for the

09:36:38 June 2nd City Council.

09:36:39 >>MARY MULHERN: I just had a question about that, Mr.

09:36:43 Territo.

09:36:44 Is that on the addendum to the agenda?

09:36:48 >>SAL TERRITO: It was not.

09:36:49 I found out about it this morning.

09:36:51 >>MARY MULHERN: That's not in any of our backup.

09:36:54 Okay, thanks.

09:36:54 >>LISA MONTELIONE: Can I ask a question of the clerk

09:37:03 or our attorney?

09:37:03 It's unusual all of these new business walk-ons, and I

09:37:07 know that we vote on most of these.

09:37:13 Why are we just getting these to the agenda this

09:37:15 morning?

09:37:16 >>CHARLIE MIRANDA: Let me answer that, if I may, since

09:37:18 I put them on.

09:37:19 Certainly, the one that Mr. Territo brought up, we can

09:37:24 put it on for further discussion so that you know

09:37:26 what's coming.

09:37:27 That's number one.

09:37:28 The others, don't forget, the last meeting in June,

09:37:33 then you go in two weeks vacation.

09:37:35 So if we don't put these on the agenda, would you not

09:37:39 have a chance to hear them until more likely late July

09:37:44 or first of August.

09:37:45 We have to have some movement of liquidity so we can

09:37:49 put these things out and everyone is brought up to

09:37:52 speed.

09:37:52 That's why I put them up as I did.

09:37:59 With that, I need an approval of the agenda.

09:38:02 >> Move to approve the agenda including the item for

09:38:07 June 2nd that Mr. Territo has added, the addendum

09:38:14 for the agenda, and the agenda.

09:38:18 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern,

09:38:20 seconded by Mr. Suarez.

09:38:23 All in favor of the motion please indicate by saying

09:38:25 Aye.

09:38:26 Opposed, nay.

09:38:29 Motion passes Nall unanimously.

09:38:30 We go to public comments for 30 minutes.

09:38:33 Anyone in the public who would like to speak.

09:38:35 First of all on items that are on the agenda that are

09:38:40 not set for public hearing.

09:38:41 Anyone that would like to speak to any item on the

09:38:44 agenda that is not set for public hearing.

09:38:47 Come forward, please.

09:38:47 >> Bonjour.

09:39:01 Buenos dais.

09:39:02 We are an international city.

09:39:05 My name is Marilyn Schmitt, grandmother at-large, and I

09:39:12 speak for probably 2500 great grandmas, okay?

09:39:18 And I'm talking generations.

09:39:23 >>CHARLIE MIRANDA: Young grandmothers.

09:39:24 Very young grandmothers.

09:39:25 >> Of course, Charlie.

09:39:31 I want to talk about something serious.

09:39:33 The financial condition of the city, that's serious.

09:39:39 Consent agenda 22 where Mr. Scott is coming back on the

09:39:45 Sports Authority?

09:39:46 You have a sitting member right now, Mr. Reddick.

09:39:49 Mr. Reddick knows my subject matter because he sat

09:39:53 through my last presentation.

09:39:56 I don't think you as a council fully understand the red

09:40:00 ink that is flowing at the Tampa Sports Authority.

09:40:04 That has gone on for far too long.

09:40:08 The golf course is not the end all and be all of why a

09:40:14 city exists.

09:40:15 It's not a real necessity.

09:40:19 We have other necessities.

09:40:22 Sewer, water, et cetera.

09:40:23 I know there has to be money subsidizing this from

09:40:27 other things over there.

09:40:29 The Sports Authority.

09:40:33 You have three golf courses.

09:40:35 One of them is really going red ink.

09:40:40 The point is, there comes a time when you have to say

09:40:45 to yourself, is this for the good of everyone

09:40:48 financially?

09:40:50 It isn't.

09:40:51 It really and truly -- I have watched it for a long

09:40:56 time and made visit over to the Sports Authority and

09:40:58 they don't want to move on it.

09:41:00 They pretend like it's some God somewhere that we can't

09:41:03 touch.

09:41:03 Yes, you can.

09:41:05 We need the money elsewhere.

09:41:08 You ask yourself, why is the city competing with

09:41:11 private industry?

09:41:13 There are a lot of golf courses.

09:41:15 Almost every subdivision that goes up now has its own

09:41:18 golf course.

09:41:19 Why would you want to leave your own subdivision to go

09:41:21 play golf?

09:41:22 You already have to pay for it.

09:41:24 So what you need to understand is you look at that,

09:41:26 and, Frank, you have the agenda from the Sports

09:41:31 Authority.

09:41:32 I think it's time to cut bait.

09:41:36 We have already been fishing for years, and it hasn't

09:41:38 returned any kind of benefit in the plus column.

09:41:42 It drags everything else down.

09:41:45 You can turn these into -- cut down the maintenance.

09:41:51 You don't have fertilizer going into the river.

09:41:54 A lot of benefits to that.

09:41:59 Keep it the same.

09:42:00 Just call it a park.

09:42:03 Really and truly, the city can't afford them.

09:42:05 And that's what I'm most concerned about.

09:42:08 Thank you very much.

09:42:08 And by the way, this is a lovely-looking council.

09:42:19 And Charlie, I'm glad to see you back, and the

09:42:23 returning member also, and the new faces are just very

09:42:26 refreshing.

09:42:27 Thank you.

09:42:29 >>CHARLIE MIRANDA: Anyone else care to speak to any

09:42:32 item on the agenda not set for public hearing?

09:42:34 Would anyone like to speak to any item off the agenda?

09:42:38 >> Thank you, Mr. Chair.

09:42:42 Grandmother at-large, I would like to thank you for

09:42:45 your diligent eye on the finances.

09:42:49 I know I used to work for Hillsborough County, and so

09:42:53 you and I have a long history together, and I know that

09:42:56 you are very diligent keeping your eye out and speaking

09:42:58 on behalf of the citizens.

09:42:59 So thank you for the work that you do.

09:43:04 >>CHARLIE MIRANDA: Thank you.

09:43:04 Next.

09:43:04 >> Ed Tillou.

09:43:12 I'm of in Sulphur Springs.

09:43:15 I actually -- something is trance evenings to item 10,

09:43:20 but I doubt I will get to that, because I came last

09:43:23 week, and turned out to be a workshop, a redevelopment

09:43:28 workshop.

09:43:29 Of course, there was a lot to speak about that because

09:43:31 we still have the same old planning we have had for 30

09:43:34 or 40 years.

09:43:39 There's no mention with respect to Channelside or Ybor

09:43:41 City, of public transportation, interface was public

09:43:45 transportation.

09:43:46 But what I came to speak about with that, that I will

09:43:50 now address very quickly, is one of the Hart bus

09:43:59 drivers told me this thing where people can pass

09:44:01 through the red light has been approved by the county,

09:44:03 and it being held up here in the City Council.

09:44:05 So that needs to get a green late to have something

09:44:07 done about it.

09:44:11 What's happening is that streets that have a lot of bus

09:44:15 service of being penalized at the expense of these -- I

09:44:18 call them automobile diarrhea sleuthways that sleuth

09:44:23 cars onto freeways and things like that, and these

09:44:27 streets get five or ten minutes.

09:44:29 That's again a county issue.

09:44:30 But as I say, the solution to it is being held up here.

09:44:35 That's what one of the Hart drivers said.

09:44:40 The long-run problem is that the gas prices have gotten

09:44:43 high.

09:44:44 TBT has addressed that.

09:44:52 I have another copy of this issue but it in the bag

09:44:56 outsigh.

09:44:58 P-coil means that the gas will run out 25 to 35 years.

09:45:02 It's not going to run out tomorrow or the next day.

09:45:05 But the speculators have gotten in on it.

09:45:08 Oil is a commodity.

09:45:09 Actually, food is a commodity.

09:45:11 The price of food has been increasing lately.

09:45:15 And I'm not talking one or two items five or ten cents.

09:45:19 I'm talking 20 cents, some 30, 40 cents, and that is

09:45:24 not justified by what happened.

09:45:26 But the speculators are in on it.

09:45:28 The commodities market is going wild on oil.

09:45:31 And they were held in check to an extent by Byron

09:45:37 Dorgan, the senator from North Dakota, but I think he

09:45:44 got burned out the last time around, so expect big

09:45:47 price increases.

09:45:48 And wages have gone up by a factor of five during which

09:45:52 prices have gone up by a factor of ten.

09:45:55 So the American standard of living over the past 30 to

09:45:58 40 years has been in massive decline.

09:46:03 A movie to a certain extent that addresses that is

09:46:06 called Company Men.

09:46:07 It's out at Britton Plaza 8 right now at least for

09:46:11 another two days, maybe another week.

09:46:12 It's very rare among movies, because it's returned $4

09:46:17 million on a $15 million budget which is unheard of

09:46:20 nowadays.

09:46:21 So people need to go out and see that movie because it

09:46:23 addresses what's coming down.

09:46:28 Now, someone responsible about bicycles.

09:46:30 I was amazed the other day, I saw a bicycle doing the

09:46:34 right things, and probably the people on these rides do

09:46:37 the right things, but that's not most of the bicycles.

09:46:40 (Bell sounds)

09:46:43 I have another 30 seconds.

09:46:45 >>CHARLIE MIRANDA: Thank you very much.

09:46:49 >> That's it?

09:46:51 >>CHARLIE MIRANDA: That's it.

09:46:51 Next, please.

09:46:52 >> David Caton, the executive director of Florida

09:47:01 Family Association.

09:47:02 Can I hand this material out?

09:47:22 May I begin?

09:47:24 >>CHARLIE MIRANDA: You can begin.

09:47:24 >> Florida Family Association hired a private

09:47:27 investigator to look into a Tampa Police Department

09:47:31 death case.

09:47:33 And the reason why we did this is we saw there was very

09:47:37 extraordinary circumstances surrounding this woman's

09:47:39 death.

09:47:41 In summary -- and this is a lot of information for to

09:47:43 you look at -- but in summary, I would urge this

09:47:46 council to look at this material which we presented to

09:47:48 the mayor as well as the state attorney and look at the

09:47:52 seriousness of the omissions of the investigation that

09:47:55 occurred here.

09:47:57 In summary, our private investigator wrote, "There's a

09:48:02 glaring absence of suspicion from the police department

09:48:05 and the medical examiner that the decedent could have

09:48:08 possibly been a victim of an assault that eventually

09:48:10 caused her death. The absence of any suspicion that

09:48:16 the decedent may have been assaulted is difficult to

09:48:18 understand."

09:48:19 Now, this was an Israeli Palestinian born woman, her

09:48:23 name is Petina, she lived in a house with three other

09:48:28 Muslim families, she was divorced because she could not

09:48:30 have children, she was not allowed to leave the home,

09:48:33 she had a driver's license, she is not allowed to

09:48:37 return.

09:48:37 We found all this information out from a private

09:48:39 investigator.

09:48:40 She was also allegedly abused by her brother, and then

09:48:43 suspiciously one day she is alleged to have killed

09:48:46 herself by beating her head against a coffee table.

09:48:53 This is the situation that we thought was very

09:48:55 difficult to comprehend.

09:48:58 We contacted the paramedics who were there on the

09:49:01 scene.

09:49:03 They said it's not plausible that this woman killed

09:49:05 herself by hitting herself on the head.

09:49:08 We asked about the medical examiner as relates to her

09:49:13 theory that the lower ribs, the five lower ribs that

09:49:16 were broken were caused by CPR.

09:49:20 Lieutenant Ashley was in Tampa rescue safety said they

09:49:26 didn't perform CPR, and those ribs would not even have

09:49:29 come into play.

09:49:32 This information that we found also, one of comments

09:49:36 that lieutenant Ashley gave our private investigator

09:49:39 was, quote, an excuse, long hers not mine, but it

09:49:43 looked like somebody beat the crap out of her.

09:49:47 The medical examiner's report, the reports are very

09:49:51 inconsistent.

09:49:52 There's a lot of inconsistencies there.

09:49:54 The dispatch report states a completely different

09:49:57 statement from the person calling us to why this person

09:50:02 was dead compared to what the actual G.O. report

09:50:07 states.

09:50:08 I could go down a list of blood evidence, I could go

09:50:11 down a list of -- there's contradicting stories here.

09:50:15 The long and short of this is, this is -- there is

09:50:19 glaring problems with this case, and we urge this

09:50:22 council to call on Chief Castor and Mayor Buckhorn to

09:50:28 reopen this case, and for the dignity of this woman,

09:50:31 and equal protection of the law in the United States, a

09:50:40 proper investigation be made into the death of

09:50:43 Fetima Abdallah.

09:50:50 >>CHARLIE MIRANDA: Thank you very much.

09:50:50 It's been the practice of every council that I know of

09:50:52 that once these things are -- investigations that we do

09:50:55 not get involved because the reasons that the courts

09:50:59 and the that come before us is for the benefit of both

09:51:03 parties.

09:51:04 So we hear you, but we do not get involved in these

09:51:07 cases.

09:51:09 Thank you very much, sir.

09:51:10 >> Thank you.

09:51:12 >>CHARLIE MIRANDA: Next, please.

09:51:13 >> Chip Thomas, Henry Avenue, City of Tampa, and I

09:51:21 economic development, the workshop next weekend,

09:51:23 economic development.

09:51:24 I want to throw out a couple of ideas today about that.

09:51:27 And maybe for the mid to long-term prospect, the most

09:51:31 important thing that you can do -- and it may not make

09:51:34 sense on the surface -- is to make Tampa an easy place

09:51:37 to live car-free.

09:51:38 And what does that have to do with economic

09:51:40 development?

09:51:41 Well, every person who can live without a car, several

09:51:46 thousand dollars more every year that they didn't have

09:51:50 when they had to own a car.

09:51:52 And when you have 30, 40, 50% population that can live

09:51:57 car-free that can't help but make for a stronger local

09:51:59 economy.

09:52:00 The second part of this is, from aging boomers to young

09:52:05 urban professionals to working class and middle class

09:52:08 who are struggling with all kind of payment, the

09:52:10 financial burdens of the cars are really becoming a

09:52:14 drag.

09:52:14 And I think people are more and more going to be

09:52:16 looking for places where they can live car-free.

09:52:18 And I am not just talking about downtown.

09:52:20 I mean city limit, city-wide.

09:52:22 And so there's going to be not only desire, but a need

09:52:26 to have a car-free lifestyle.

09:52:30 And I think the places that accommodate this are really

09:52:36 going to thrive and prosper in the in the future and

09:52:38 the places that don't are really going to have

09:52:40 problems.

09:52:40 And this is going to require cooperation with Hart and

09:52:42 the county and mass transit, and the zip-car like

09:52:48 operations.

09:52:49 There's seven cities, I think, where the cities are

09:52:51 actually operating their own car sharing services.

09:52:54 You can tap into Buffalo and Burlington and Chicago and

09:52:57 see how they are dock.

09:52:58 The second thing is the local currency.

09:53:02 And you can check and see how that's working, but

09:53:07 basically you pay maybe $100 and you get $110 in Tampa

09:53:12 currency that you can only use in locally-owned

09:53:15 businesses.

09:53:16 And this is a very good way of keeping money at home,

09:53:18 because every time you spend a dollar at a national

09:53:22 chain or franchise or big box retailer, 30, 40% of

09:53:27 that, I forget what that figure is, goes to corporate

09:53:30 headquarters to pay for executive salaries and

09:53:32 administrative costs and shareholder dividends.

09:53:34 So local currency, I think, we are going to see a lot

09:53:38 more of that in the future.

09:53:39 It's also a bit of a protection against what many think

09:53:41 is a very vulnerable U.S. currency.

09:53:45 For the midterm, there's a lot of talk about increasing

09:53:48 incentives and lowering taxes to attract businesses.

09:53:50 I think this is a dangerous path to go down.

09:53:53 When we start competing against the county, and

09:53:56 St. Pete and Pinellas County, it becomes a big limbo

09:54:00 contest, who can go the lowest for taxes and offer the

09:54:03 most breaks for new businesses.

09:54:05 What happened to this bay area being such a great place

09:54:07 to live?

09:54:09 Let's sell the city based on the quality of life that

09:54:12 we have here.

09:54:13 Sometimes you get what you pay for.

09:54:15 And I think that's the case with new businesses.

09:54:18 So don't get into this competition thing where we give

09:54:23 away everything.

09:54:25 And I think I'm out of time so I'll come back another

09:54:29 time.

09:54:29 Thank you.

09:54:30 >> My name is Ingrid Smith.

09:54:38 I reside in the City of Tampa at 5605 -- and I realize

09:54:43 I may not be here so when the gardens issue come up but

09:54:49 I would like to thank you for supporting the process

09:54:52 and hope that will continue so we can have our gardens,

09:54:54 southeast Seminole Heights had a meeting this week and

09:54:57 they are looking forward to finally breaking ground on

09:54:59 theirs.

09:55:00 There is a bias right now towards local sustainability,

09:55:04 trying to go car free.

09:55:11 I just want to thank you, and please continue

09:55:14 supporting it.

09:55:17 >>CHARLIE MIRANDA: Thank you very much.

09:55:17 Would anyone else care to speak to any item on the

09:55:19 agenda not set for a public hearing? And that means on

09:55:23 the agenda.

09:55:25 I see none.

09:55:26 I need a request from anyone in the public who would

09:55:29 like to have a request of legislative matters of the

09:55:32 previous meeting.

09:55:34 I see none.

09:55:36 We go to committee reports, if I may.

09:55:39 Public Safety Committee, Mr. Frank Reddick.

09:55:42 >>FRANK REDDICK: Move items 5 through 9.

09:55:48 >>CHARLIE MIRANDA: I have a second by council member

09:56:01 Mulhern.

09:56:01 All in favor of the motion please indicate by saying

09:56:04 Aye.

09:56:04 Opposed, nay.

09:56:05 The Ayes have it unanimously.

09:56:07 Park, recreation, culture committee.

09:56:12 >>MARY MULHERN: I move items 10 through 12.

09:56:18 >>CHARLIE MIRANDA: Seconded by Ms. Capin.

09:56:23 All in favor?

09:56:24 The Ayes have it unanimously.

09:56:25 Public Works Committee, Mr. Suarez.

09:56:28 >>MIKE SUAREZ: I move agenda items 13 through 17.

09:56:34 >>CHARLIE MIRANDA: Seconded by the honorable Mr. Frank

09:56:38 Reddick.

09:56:38 All in favor of the motion please indicate by saying

09:56:41 Aye.

09:56:41 Opposed, nay.

09:56:42 The Ayes have it unanimously.

09:56:49 Finance Committee, Mr. Harry Cohen.

09:56:50 >> Move 18 through 22.

09:56:54 >>CHARLIE MIRANDA: Seconded by Ms. Mulhern.

09:56:56 All in favor of the motion please indicate by saying

09:56:58 Aye.

09:57:00 Opposed nay.

09:57:03 The Ayes have it unanimously.

09:57:05 Lisa Montelione.

09:57:06 >>LISA MONTELIONE: I love items 13 through, I believe,

09:57:12 22.

09:57:16 Oh, I'm sorry that was public works.

09:57:23 I move items 23 through 36.

09:57:28 >>CHARLIE MIRANDA: Second by Mrs. Mulhern.

09:57:30 Oh, we are going to hold number 31, held for

09:57:36 presentation with item 47.

09:57:37 Thank you very much, sir.

09:57:39 All in favor of that motion Mrs. Montelione, second by

09:57:42 Mrs. Mulhern, please indicate by saying Aye.

09:57:45 Opposed, nay.

09:57:45 The Ayes have it unanimously.

09:57:49 Transportation committee, the honorable Yolie cap peen.

09:57:54 >>YVONNE CAPIN: Thank you, chairman.

09:57:54 I move item 37 through 39.

09:57:58 >>CHARLIE MIRANDA: Second by Mr. Cohen.

09:57:59 All in favor of the motion, please indicate by saying

09:58:02 Aye.

09:58:02 Opposed, nay.

09:58:03 The ayes have it unanimously.

09:58:06 All right.

09:58:06 Item number 40 is a quasi-judicial proceeding.

09:58:19 Clerk, will you swear them in, please?

09:58:22 (Oath administered by Clerk)

09:58:29 Any items on this item 40 that have had any

09:58:32 presentation to this council or to the clerk's office,

09:58:36 I need a motion to receive and file those items.

09:58:39 I have a motion by Mrs. Mulhern, seconded by Mr.

09:58:42 Reddick.

09:58:43 All in favor of the motion please indicate by saying

09:58:45 Aye.

09:58:47 Opposed, nay.

09:58:49 Yes, sir?

09:58:49 >> Is it possible to make that applicable to all the

09:58:52 hearings?

09:58:53 >>CHARLIE MIRANDA: I only opened 40.

09:58:54 When I open the others I will dot.

09:58:56 Thank you very much.

09:58:56 >>ABBYE FEELEY: Land Development Coordination.

09:59:01 This item is a second reading on a rezoning that could

09:59:05 not be certified on May 5th.

09:59:09 The plans were submitted uncertified by the zoning

09:59:12 administrator and provided to the clerk.

09:59:13 So the case can move forward for second reading.

09:59:16 Thank you.

09:59:19 >>CHARLIE MIRANDA: Is petitioner here?

09:59:20 Is it ready for second hearing, you said?

09:59:23 >>ABBYE FEELEY: Yes, it is ready for second hearing.

09:59:27 I don't believe the petitioner is here this morning.

09:59:30 >>CHARLIE MIRANDA: But it did pass the first time.

09:59:31 Okay.

09:59:41 Anyone in the audience to speak for or against be? I

09:59:43 see no one.

09:59:44 Motion by Mr. Reddick, second by Mrs. Mulhern.

09:59:47 All in favor?

09:59:47 The Ayes have it unanimously. We go left to right this

09:59:50 week.

09:59:50 Item number 40.

09:59:52 Mrs. Montelione.

09:59:53 >>LISA MONTELIONE: Item 40, an ordinance for second

09:59:57 reading and adoption, an ordinance rezoning property in

09:59:59 the general vicinity of 5109 and 5111 north has been

10:00:05 ban a Avenue in the city of Tampa, Florida and more

10:00:07 particularly described in section 1 from zoning

10:00:10 district classifications RS-50 residential

10:00:14 single-family to PD planned development, office,

10:00:16 medical and all commercial neighborhood uses with the

10:00:19 exception of restaurant and personal services,

10:00:22 providing an effective date.

10:00:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:00:26 seconded by Mrs. Mulhern.

10:00:28 This is a presentation for second reading and adoption.

10:00:31 Roll call and vote.

10:00:42 >>THE CLERK: Motion carried unanimously.

10:00:44 >> Thank you.

10:00:46 Now we go to the 9:30 public hearings.

10:00:48 I need a motion to open 41.

10:00:50 And 41 through 42.

10:00:54 Let's open the rest of them that are set for public

10:00:56 hearing.

10:00:56 Those that are also at 10:00, and there's some that are

10:01:00 set possibly as far back as 10:30 in the morning.

10:01:03 Need a motion to open the public hearings.

10:01:07 Also I have a motion to open by Mrs. Capin, seconded by

10:01:12 Mr. Reddick.

10:01:13 All in favor?

10:01:14 The Ayes have it unanimously.

10:01:15 I need a motion to receive and file all the documents

10:01:17 submitted.

10:01:18 I have a motion made by Mr. Suarez to the clerk's

10:01:22 office, second by Mrs. Mulhern.

10:01:25 All in favor?

10:01:26 Opposed nay?

10:01:29 The Ayes have it unanimously.

10:01:32 Quasi-judicial to be sworn for the remaining Democrats

10:01:35 on the agenda.

10:01:35 The clerk will swear you in.

10:01:36 (Oath administered by Clerk)

10:01:49 Item 41.

10:01:57 No one is here for 41?

10:02:00 >> Hugh Martinson for sacks and Gilmore representing

10:02:09 Tampa Housing Authority.

10:02:10 I thought Barbara Lynch might have been here to present

10:02:12 something.

10:02:13 But this is on second reading.

10:02:14 We do appreciate council's consideration of this

10:02:17 resolution.

10:02:18 It's a vacation of some old alleyway, rights-of-way

10:02:21 that need to be taken care of that would be

10:02:23 incorporated with the larger Encore development that's

10:02:25 going on.

10:02:26 Again, we appreciate council's consideration of this

10:02:29 and taking action on it.

10:02:30 Thank you.

10:02:33 >>CHARLIE MIRANDA: Thank you.

10:02:33 Does anyone in the audience care to speak on item 41?

10:02:36 I see no one.

10:02:38 Need a motion to close.

10:02:39 Motion by Mrs. Capin, seconded by Mrs. Mulhern to

10:02:43 close.

10:02:44 The Ayes have it unanimously.

10:02:45 Mr. Cohen?

10:02:49 >>MIKE COHEN: Move an ordinance vacating, closing,

10:02:50 discontinuing, and abandoning a certain right-of-way

10:02:54 all that alley lying south of India street north of

10:02:58 Cass Avenue, east of governor street and west of

10:03:00 Nebraska Avenue, in MUGGE's subdivision, a subdivision

10:03:04 in the City of Tampa, Hillsborough County Florida the

10:03:06 same being more fully described in section 2 hereof

10:03:08 subject to certain covenants, conditions and

10:03:10 restrictions as more particularly described herein,

10:03:13 providing an effective date.

10:03:14 >>CHARLIE MIRANDA: That is Mr. Cohen's motion presented

10:03:17 for second reading and adoption.

10:03:19 Any further discussion by council members?

10:03:22 Vote and record.

10:03:24 I need a second.

10:03:25 Seconded by Mrs. Mulhern.

10:03:28 Motion by Mr. Cohen.

10:03:30 Vote and record.

10:03:30 >>THE CLERK: Motion carried unanimously.

10:03:45 >> Item number 42.

10:03:49 >>STEVE MICHELINI: This is a couple of alleys that are

10:04:00 unimproved that run through property owners property,

10:04:04 they are unimproved, and there's also a hiatus

10:04:07 associated with the alleys.

10:04:10 It's second reading and respectfully request your

10:04:12 continued support on this for approval.

10:04:17 >>CHARLIE MIRANDA: Would anyone in the audience care to

10:04:18 speak on this item number 42?

10:04:21 I see no one.

10:04:22 I need a motion to close.

10:04:26 Motion by Mr. Mulhern, second by Mrs. Mulhern.

10:04:31 Motion made by Mr. Cohen, I should say.

10:04:34 All in favor indicate by saying Aye.

10:04:35 The ayes have it unanimously.

10:04:39 Ms. Mulhern, would you take item 42?

10:04:42 >>MARY MULHERN: Move an ordinance presented for second

10:04:45 reading and adoption, vacating, closing, discontinuing,

10:04:47 abandoning a certain right-of-way alleyway and hiatus

10:04:51 lying south of Yukon street, north of arctic street,

10:04:54 west of Nebraska Avenue and east of Arden Avenue, in

10:04:57 map of subdivision at Sulphur Springs near Tampa,

10:05:00 Florida and Spring Hill subdivision, subdivisions in

10:05:03 the City of Tampa, Hillsborough County Florida the same

10:05:04 being more fully described in section 2 hereof subject

10:05:07 to certain covenants, conditions and restrictions as

10:05:09 more particularly described herein, providing an

10:05:11 effective date.

10:05:12 >> Second.

10:05:20 >>CHARLIE MIRANDA: This is present for second reading

10:05:22 and adoption.

10:05:23 Anyone care to speak on this item again?

10:05:25 >> Good morning again.

10:05:33 Marilyn Smith.

10:05:34 I didn't get sworn in.

10:05:35 Do you need to swear me in?

10:05:40 (Oath administered by Clerk)

10:05:43 Yes, I do, and I always do.

10:05:45 Thank you.

10:05:46 I would like to talk on behalf of community gardens.

10:05:51 They are a very good thing.

10:05:53 >>CHARLIE MIRANDA: This is not community gardens.

10:05:55 >> Oh, I'm sorry.

10:05:57 >>CHARLIE MIRANDA: You can speak on the next one so you

10:05:59 are right on target.

10:06:00 >> 43.

10:06:05 >>CHARLIE MIRANDA: No, 42.

10:06:07 I'm not 43, I'm 42.

10:06:09 >> Can I come back for 43?

10:06:11 >>CHARLIE MIRANDA: You certainly can.

10:06:13 I have a motion made by Mrs. Mulhern for adoption on

10:06:17 the second reading.

10:06:18 Seconded by Mr. Cohen.

10:06:21 Vote and record.

10:06:21 >>THE CLERK: Motion carried unanimously.

10:06:36 >>CHARLIE MIRANDA: Item number 43.

10:06:40 >>CATHERINE COYLE: Zoning administrator for the city.

10:06:42 Jest so you know on the addendum for the agenda, the

10:06:45 results.

10:06:45 Resolution for the community gardens is $200.

10:06:49 I believe you approved the addendum already.

10:06:51 This is the second reading for community gardens

10:06:52 present as a special use 1.

10:06:55 If there's any questions, I'm available.

10:06:58 >>CHARLIE MIRANDA: Any questions?

10:06:59 Mrs. Mulhern?

10:07:02 >>MARY MULHERN: (off microphone) this is the

10:07:05 ordinance.

10:07:05 Do we need to also read the item that was on the

10:07:11 agenda?

10:07:12 Or we already approved that?

10:07:14 >>CHARLIE MIRANDA: No, we have to read that as part of

10:07:16 the ordinance.

10:07:17 Anyone care to speak to number 43?

10:07:19 >> Thank you, chair.

10:07:27 Being sworn in, I will continue.

10:07:28 Community gardens.

10:07:31 They are a very big thing and we need to keep it

10:07:34 growing.

10:07:38 Take a hint from New York City.

10:07:40 They have done this in New York City and turned some

10:07:44 horrible sites into very productive -- and that's only

10:07:53 some of the benefits that come up to cleaning up the

10:07:56 junk.

10:07:56 They have parks in the middle of the cities much more

10:07:59 than they ever have before and now they have green

10:08:01 growing food-bearing plants.

10:08:04 What's wrong with that?

10:08:06 Let's just put that in there every chance we get.

10:08:08 Thank you.

10:08:12 >>CHARLIE MIRANDA: Next, please.

10:08:12 >> I'm kitty Wallace.

10:08:15 I live in the City of Tampa, 4902 Collins lane, and I'm

10:08:19 the community garden chairperson for the Tampa garden

10:08:21 club.

10:08:22 And I have been actively involved with organizers from

10:08:25 the other gardens and developing a Hillsborough

10:08:29 community gardening network.

10:08:31 So far, it's up and running quite well, and we are

10:08:34 intending on staying right on top of support systems

10:08:38 such as the network that we formed.

10:08:40 We have a Facebook page and a Web site, and worry

10:08:43 following the American community gardening guidelines

10:08:47 as it relates to gardening guidelines for each

10:08:50 community garden.

10:08:52 Those are things that we take on as responsibilities

10:08:56 when we garden in a public place, that we will keep it

10:09:01 well organized, well maintained, and that there will be

10:09:05 no interruption of the other private owners, uses of

10:09:11 their property, that it will be a well-run endeavor.

10:09:15 And I just want to let you know that is up and running,

10:09:18 and we appreciate your support.

10:09:19 Thank you.

10:09:21 >>CHARLIE MIRANDA: Thank you very much.

10:09:21 Anyone else in the audience care to speak?

10:09:26 On item 43 we need a motion to close.

10:09:29 >>MIKE SUAREZ: So moved.

10:09:31 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

10:09:33 Second by Mrs. Mulhern.

10:09:34 All in favor of the motion indicate by saying Aye.

10:09:37 The ayes have it unanimously.

10:09:38 Ms. Mulhern works you kindly take number 43?

10:09:41 >>MARY MULHERN: Thank you, Mr. Chair.

10:09:43 And I just want to thank all of the community gardeners

10:09:46 and land use and legal that steered this through.

10:09:52 And we are going to have to have a big garden party one

10:09:55 of these days to celebrate this.

10:10:02 Do I need to read it?

10:10:05 I move an ordinance being presented for second reading

10:10:07 and adoption, an ordinance of the city of Tampa,

10:10:10 Florida making comprehensive revisions to City of Tampa

10:10:12 code of ordinances chapter 27, zoning, relating to

10:10:15 community gardens, amending section 27-77 official

10:10:19 schedule of district regulations, amending section

10:10:22 27-177, historic district established, amending section

10:10:26 27-242, number of off-street parking spaces, amending

10:10:32 section 27-267, classes of special use permits, agent

10:10:36 or body responsible for each general procedure,

10:10:39 amending section 27-272, regular -- regulations

10:10:43 governing individual special uses, amending section

10:10:46 27-438, official schedule of permitted principal,

10:10:50 accessory and special uses, amending section 27-452,

10:10:55 official schedule of permitted principal, accessory and

10:10:58 speaks uses, amending section 27-545, definitions,

10:11:02 repealing all ordinances or parts of ordinances in

10:11:04 conflict therewith, providing for severability,

10:11:07 providing an effective date.

10:11:07 >> I have a motion on item 43 by Mrs. Mulhern, a second

10:11:12 by Mrs. Capin.

10:11:14 Vote and record.

10:11:16 For second reading.

10:11:17 >>THE CLERK: Motion carried unanimously.

10:11:26 >>CHARLIE MIRANDA: We go now to the 10:00 public

10:11:28 hearings.

10:11:31 These are also quasi-judicial.

10:11:33 Anyone in the audience who has come in late who would

10:11:35 like to speak on the remainder of these items, you are

10:11:38 going to be sworn in.

10:11:41 Item 44 is up as the historic preservation property tax

10:11:45 exemption.

10:11:50 >>DENNIS FERNANDEZ: Historic preservation, urban design

10:11:51 manager here on item number 44.

10:11:53 This is a property tax exemption for a historically

10:11:58 designated property in Ybor City, national and local

10:12:00 historic district.

10:12:03 Just a few photos.

10:12:08 This is the subject property located originally on the

10:12:11 corner of 12th street and 14th Avenue.

10:12:15 This property was relocated as a result of interstate

10:12:20 expansion by the FDOT which relocated to a city owned

10:12:24 lot, and then sold to a private individual.

10:12:28 This was originally a corner grocery store, very

10:12:31 characteristic type of building in use in the historic

10:12:34 district.

10:12:35 It had been stuccoed over at some point in the past,

10:12:39 was originally built in 1908, and just see a peak

10:12:46 behind it.

10:12:47 There was a small brick warehouse as well.

10:12:48 This is a photo of the structure relocated.

10:12:51 The site on the corner of Columbus drive and 10th

10:12:56 street.

10:12:57 You see the small warehouse also being relocated.

10:13:03 And then the parcels on the new site, at the receiving

10:13:06 site on the corner.

10:13:07 The modifications to this particular structure were

10:13:10 reviewed by the Barrio Latino commission.

10:13:13 The current owners wish to bring the building back to

10:13:16 its original appearance, remove the stucco, and

10:13:19 rehabilitate the interior.

10:13:21 You see that very extensive work going on at that

10:13:24 point.

10:13:26 This is a photo of the project today.

10:13:28 You see that the entire siding of the building has been

10:13:33 replaced, the balcony has been reconstructed, the

10:13:36 storefront reestablished and the small warehouse

10:13:39 restored in the background.

10:13:42 This is a picture of the interior with the original

10:13:45 rafts relocate add long with the structure.

10:13:47 As I said, this was originally a grocery store.

10:13:51 And you see the post rehabilitation picture there with

10:13:56 bread rack still in place used as a shelf and offices

10:13:59 now occupy being the building as a use.

10:14:01 The balcony before and after the restoration.

10:14:10 Portion of the second-floor apartments prior to the

10:14:13 rehabilitation.

10:14:15 And then after the rehabilitation.

10:14:17 And just one last interior shot of the warehouse space

10:14:21 prior to the rehabilitation and after the

10:14:25 rehabilitation.

10:14:28 This property as I said was constructed in 1908 with

10:14:31 the warehouse structure constructed in 1938.

10:14:36 They are both listed on the national register of

10:14:40 historic places and on the local registry of historic

10:14:42 places.

10:14:43 The application is consistent with the secretary of

10:14:45 interior standards for rehabilitation and does meet the

10:14:49 requirements of the department of state for the

10:14:51 historic property tax exemption.

10:14:53 And we are glad to support this particular application

10:14:57 for the exemption.

10:14:58 It is well deserved.

10:14:59 Thank you.

10:15:01 >>CHARLIE MIRANDA: Council members, any discussion?

10:15:03 >>MARY MULHERN: That's amazing you moved that huge

10:15:06 build being.

10:15:06 We could like move City Hall.

10:15:10 [ Laughter ]

10:15:11 My one question, you restored the facade with siding?

10:15:21 >>DENNIS FERNANDEZ: Originally there was siding and at

10:15:22 some point most likely in the '40s or 50s an

10:15:27 individual exposed the stucco. That was always a sided

10:15:32 building, and unfortunately the stuccoing accelerates

10:15:36 the deterioration of the wood underneath.

10:15:38 >>MARY MULHERN: It's beautiful.

10:15:41 >>CHARLIE MIRANDA: Any questions by council members?

10:15:42 If I remember correctly not only was that what you said

10:15:46 a grocery store, on top there was apartments, and there

10:15:48 was a gentleman which means mustache in English, and

10:15:57 his sons and I grew up together so I remember that just

10:15:59 across the street from that building was the address of

10:16:02 former council member Eddie Caballero.

10:16:07 Ended up building across the street.

10:16:09 Thank you very much.

10:16:09 So much for history.

10:16:13 Mr. Reddick, please, item number 43.

10:16:16 >>FRANK REDDICK: Move an ordinance being present for

10:16:20 first reading.

10:16:21 An ordinance approving historic preservation of

10:16:24 approximate tax exemption application relative to the

10:16:26 restoration, renovation, and rehabilitation, property

10:16:30 owned by Peter Murphy and chase Clark locate at 1001

10:16:36 east Columbus drive and 2605 north 10th street

10:16:39 formerly 1021 14th Avenue, Tampa, Florida in the

10:16:44 Ybor City local historic district based upon certain

10:16:47 findings providing for notice to the property appraiser

10:16:50 of Hillsborough County providing for severability,

10:16:52 providing for repeal of all ordinances in conflict,

10:16:54 providing an effective date.

10:16:56 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by, I

10:16:58 think, Mrs. Montelione -- you have to speak louder

10:17:04 because I'm getting deaf.

10:17:06 All in favor of the motion indicate by saying Aye.

10:17:08 Opposed, nay.

10:17:09 The Ayes have it unanimously.

10:17:11 >>THE CLERK: Second reading of the ordinance will be

10:17:13 held June 2nd at 9:30 a.m.

10:17:21 >>CHARLIE MIRANDA: I believe the next part of the

10:17:22 agenda is complete -- that part of the agenda is

10:17:25 complete.

10:17:25 We need item number 44.

10:17:28 That was 44?

10:17:30 I thought -- okay.

10:17:31 We go to item number 45.

10:17:33 That's the presentation on the update.

10:17:37 On revenues.

10:17:38 >> Good morning.

10:17:45 Sonya Little, the city's CFO.

10:17:49 I appreciate the opportunity to be here this morning.

10:17:50 And our staff in particular has done a very good job in

10:17:59 presenting and preparing for council to review the

10:18:02 six-month update on the city's revenues and

10:18:05 expenditures.

10:18:06 With that, I would like to turn it over to Mr. Ruggero

10:18:10 so he can walk you through our presentation today.

10:18:12 >> Thank you.

10:18:17 Good morning.

10:18:20 Finance department.

10:18:21 Thank you for taking the time today and taking time in

10:18:25 the previous days to hear us brief this item for you.

10:18:29 Do I have the PowerPoint up?

10:18:34 Thank you.

10:18:41 I want to give you an idea of what's forthcoming for

10:18:45 next year.

10:18:45 Part of it, of course, is explaining to you what we

10:18:48 think is going to happen for the remainder of this year

10:18:51 and bringing you up to date on what has happened so far

10:18:55 and we are scheduling as we speak almost some workshops

10:18:57 for the next month and in July.

10:18:59 We are meeting some challenges there associated with

10:19:01 scheduling, but I think we'll get there.

10:19:06 Plans the mayor plans to present his budget for the

10:19:09 next fiscal year at the end of next month, month after

10:19:14 that, July 28th.

10:19:15 Following that our typical state mandated public

10:19:17 hearings in early and late September.

10:19:19 Again those are tentative.

10:19:20 There's a couple of conditions that we and other local

10:19:23 governments have to meet.

10:19:28 If we could talk momentarily about the walk-on item

10:19:31 that we discussed a little earlier, the continuation of

10:19:33 the community investment tax.

10:19:35 Again, this was implemented in 1996 for a period

10:19:38 potentially of 30 years to be reviewed and approved

10:19:41 every five years.

10:19:43 We are on a tight time frame to accommodate the

10:19:46 ordinance.

10:19:46 It has to be to the Board of County Commissioners by

10:19:48 the end of next month.

10:19:49 That's our reason for requesting the public hearing,

10:19:52 the initial phase from the City Council's perspective

10:19:55 at the beginning of next month, and then sometime

10:19:59 toward the end of next month final action by City

10:20:01 Council after we have had a chance to get public input.

10:20:10 Moving along to the overview, we are going to get in

10:20:14 two primary parts, the general and utility tax fund,

10:20:17 and the enterprise funds.

10:20:19 Again, the general utility tax funds, pretty much most

10:20:22 of what the city does outside of those agencies that

10:20:25 are run like a business, which are the enterprise

10:20:27 funds, parking, solid waste, waste water, and water.

10:20:33 A short and very brief economic outlook as we look

10:20:36 ahead to preparing next year's budget.

10:20:38 This originates with the University of Central Florida.

10:20:40 I guess I have described it mostly as cautious

10:20:43 optimism.

10:20:45 Very slight growth anticipated with anticipated

10:20:49 continuation of the relatively high unemployment rate,

10:20:52 and a relatively small annual average increase

10:20:56 anticipated for annual wages.

10:20:59 So perhaps something to ask, perhaps we bottomed out

10:21:03 and are on the road to a slight recovery, or at least

10:21:06 some of the breaks associated with the economic

10:21:08 downturn have been put on, but it is optimistic at the

10:21:12 very least, it's cautious optimism.

10:21:15 And we will speak a little more about that as we go

10:21:17 through the presentation.

10:21:20 Just to give you a bird's-eye view of our general fund

10:21:23 and just a minute tax fund revenues based on Wan we

10:21:25 project versus what we budgeted.

10:21:27 The good news is we are on target.

10:21:29 As you can see, very, very similar.

10:21:31 We think we are going to end this year pretty much how

10:21:33 we started from a revenue perspective.

10:21:36 That's the good news.

10:21:37 We have some less good news to share with you during

10:21:40 this presentation which we'll get into.

10:21:43 But I do want to highlight at least we are consistent

10:21:46 so far with what we thought would happen.

10:21:51 From an expenditure perspective, again we are doing

10:21:54 better than anticipated.

10:21:56 You can see from this slide about $5 million less than

10:21:58 the general fund and utility tax fund.

10:22:01 Than we anticipated.

10:22:02 That's primarily associated with almost $3 million

10:22:06 worth of savings in personnel, primarily associated

10:22:09 with vacancies.

10:22:11 Being very aggressive, and in reviewing any requests

10:22:14 for those relatively few vacant positions that exist

10:22:18 compared to how many have existed in the past.

10:22:21 Again, over the course of the last three or four years

10:22:23 we have eliminated almost 700 positions.

10:22:26 So those remaining vacancies get a very, very high

10:22:30 level of scrutiny before we are approving to fill them.

10:22:33 Thus the savings so far in the anticipate savings for

10:22:36 the rest of the year.

10:22:37 On that same note, being very aggressive in our

10:22:40 oversight and monitoring of operating expenses, you can

10:22:43 see from this slide about is .5 million we anticipate

10:22:47 saving through the rest of the year as a result of that

10:22:50 monitoring.

10:22:52 And not insignificant savings associated with utility

10:22:56 tax debt service.

10:23:02 We put this slide before council before, and I believe

10:23:04 we have spoken to the before.

10:23:05 First let me say, we are not recommending any increase

10:23:09 to the millage rate nor the part of any of our solution

10:23:12 scenarios as we prepare next year's budget.

10:23:16 But we do want to put the millage rate and the

10:23:20 associated property tax revenue in context for City

10:23:22 Council and for the viewing audience

10:23:25 The long and the short of it is, as property values

10:23:28 decrease -- and they are anticipated to decrease -- the

10:23:31 property tax revenue is going to decrease also if the

10:23:34 tax rate remains the same.

10:23:36 And this is primarily for illustration purposes.

10:23:40 There's a lot more that goes into identifying a millage

10:23:43 for fiscal year.

10:23:44 But as you can see here, keeping the millage rate the

10:23:46 same with our anticipated decline results in less

10:23:49 revenue, and you can see a little bit better the

10:23:52 conditions associated with increasing the property tax

10:23:56 rate.

10:24:03 Before we go to the next slide, I will endeavor to keep

10:24:05 this presentation as brief as possible but I'm here as

10:24:08 long as you will have me and I'm happy to answer

10:24:10 questions.

10:24:11 I want to talk a little about the fund balance and the

10:24:14 general fund and utility tax.

10:24:16 From a historical perspective, we are having a very

10:24:20 strong fund balance.

10:24:21 That's good news.

10:24:22 You can see we have had a slight -- a more than slight

10:24:25 decline going into this year as we used a significant

10:24:27 amount of $30 million to balance the current year

10:24:31 budget.

10:24:31 But you can see from an historical perspective we are

10:24:35 very, very strong.

10:24:36 You can also see there was a time when we were not

10:24:40 meeting our own policy of 20% fund balance.

10:24:44 And that's 20% of anticipated expenditures.

10:24:47 Our expenditures are approximately $400 million.

10:24:50 So we continue to be and we project will stay well in

10:24:54 excess of our fund balance through this year.

10:24:57 That's a nice solid foundation to address the

10:24:59 challenges we have this year is difficult and

10:25:03 impossible to sustain for the long-term as we address

10:25:06 challenges in fiscal year 12 and beyond.

10:25:12 A bird's-eye view of our general fund revenues, and

10:25:15 mostly, give you and the viewing audience who our heavy

10:25:20 hitters are in terms of funding sources.

10:25:22 In the upper right hand corner, property taxes.

10:25:24 This is our single largest revenue source that we rely

10:25:28 upon, and that's why property values and the tax rate

10:25:32 is so important from a funding perspective.

10:25:34 You can also see TECO franchise fees, a very large

10:25:38 component at the bottom of your screen.

10:25:41 In the upper right two very large components.

10:25:43 Again our use of fund balance of $30 million to balance

10:25:46 the budget, and our reliance upon a transfer from the

10:25:50 utility tax revenues.

10:25:51 Almost $37 million.

10:25:55 We take those revenues and break them down at a little

10:25:58 more detail for you here.

10:26:01 As we show what we budget in the current year, how the

10:26:04 performance has gone for the first six months and how

10:26:06 we anticipate the performance will be for the next six

10:26:09 months and of course at the bottom of your screen,

10:26:14 again from a revenue perspective, we think we are going

10:26:17 to do about $3 million better than anticipated.

10:26:21 That's good.

10:26:21 If you look a little further down, however, you will

10:26:26 see in parenthesis the $29,456,000.

10:26:31 That's the bad news.

10:26:32 Although we budgeted $33 million of fund balance to

10:26:35 balance the budget, we are still going to use, we

10:26:39 anticipate, almost $30 million.

10:26:41 So though we balanced the budget, we think it will

10:26:44 continue to be balanced in the current year, anytime

10:26:47 you have to use that significant amount of funding to

10:26:50 balance your budget is not a good thing, and as I said

10:26:54 it simply cannot be sustained in the long-term.

10:27:02 A couple of our relatively lesser revenues.

10:27:05 Some of them are indicative of the economy as a whole.

10:27:08 And the first one is building permit fees.

10:27:10 The good news, it continues to perform, and we think

10:27:14 will stay on track with what we anticipated.

10:27:17 It's been as high as over $7 million in the past, but

10:27:21 it has also come in less than anticipate in the past.

10:27:25 We view as relatively confident that it staying the

10:27:28 same.

10:27:31 The payment in lieu of taxes and in payment in lieu of

10:27:35 franchise fees, not only is it a significant revenue

10:27:38 source for the general fund, but those are payments

10:27:41 made by our own departments, primarily the utilities

10:27:45 for services that the general government provides.

10:27:58 Occupational licenses, about $11 million, but it's

10:28:01 there to reiterate the fact that we closely -- we came

10:28:05 very close to losing about $3 million of that this year

10:28:09 due to legislative action.

10:28:12 At the last minute they put a grandfather clause in

10:28:14 there that hold us and other localities harmless but we

10:28:18 came very close to losing $3 million, and $3 million is

10:28:22 a significant burden to bear.

10:28:24 And you can see our relatively lesser revenues total,

10:28:28 almost $50 million.

10:28:37 Let me give you a couple of graphic representations to

10:28:39 give you a historic perspective and I think this

10:28:41 picture says it all on property taxes.

10:28:44 And we are not alone by any means.

10:28:46 We have had to bear a very large burden with our

10:28:49 property tax revenues declining associated with many,

10:28:53 many events, primarily recently the reduction in

10:28:57 property values.

10:28:58 But also result of legislative action back in 2008

10:29:03 wherein we were compelled to reduce our tax rate 10%.

10:29:08 And then the passage of amendment 1 in 2009 which

10:29:12 further impacted our property tax revenue.

10:29:15 So again, I just want to put it into context where now

10:29:19 at a level lower than we received in 2005.

10:29:22 And this again from the revenue source that we rely

10:29:28 most upon.

10:29:28 It's been a very difficult journey for us and many

10:29:32 other localities.

10:29:36 Here is another graphic depicting the potential revenue

10:29:39 that this city could have had, had those previous

10:29:42 events not occurred.

10:29:43 Again going from a high of 166 million to about 122

10:29:48 million this year, and we anticipate even less revenue

10:29:52 next year.

10:30:00 Turning to another revenues, the TECO franchise fee, it

10:30:05 appears to be stabilizing on an overall basis.

10:30:07 The bad news is it's not performing quite as well as we

10:30:10 anticipated this year.

10:30:12 You can see the red line is our projection and the

10:30:14 number boxed.

10:30:16 If it's red you will see throughout these graphs that

10:30:19 means it bad, green is good.

10:30:20 Primarily, it's not doing as well as we thought because

10:30:23 of a rebate given by TECO in November of last year.

10:30:29 It's unanticipated as we adopted the budget and having

10:30:32 an effect.

10:30:33 This is a franchise fee based on the users' bill.

10:30:36 Of course as the amount of the bill goes down the

10:30:38 amount of revenue associated with this fee goes down.

10:30:45 Sales tax again from a historical perspective.

10:30:48 You can see we have seen a significant, significant

10:30:50 decline in this very major revenue.

10:30:54 The relatively good news, I would say, is based on last

10:30:57 year's actuals.

10:30:58 We see a slight increase but again it is not performing

10:31:01 quite as well as we anticipated either.

10:31:04 Again from a historical perspective, a significant,

10:31:07 significant hit to our revenues.

10:31:16 As you can see, typically trends from sales taxes based

10:31:19 on economic sales activity, and it, too, has gone down

10:31:22 considerably.

10:31:23 Perhaps it's reaching a stabilization point, but again

10:31:26 slightly underperforming compared to what we

10:31:29 anticipated.

10:31:33 The convention center is actually the other way.

10:31:37 This is one of our few bright points we have to offer

10:31:40 you, performing well in excess of what we thought, and

10:31:45 we expect this to continue into fiscal year 12

10:31:48 especially with the arrival of the Republican national

10:31:50 convention.

10:31:52 So what we are gaining this year, what we anticipate to

10:31:56 gain this year is basically carrying the burden of

10:31:58 those other major revenues you saw which are declining.

10:32:05 And again, building permit fees.

10:32:07 You can see in fiscal year '06 almost $7 million.

10:32:12 Previous to that it was over $7 million.

10:32:14 It looks like perhaps it has stabilized but not quite,

10:32:18 performing as we foresaw.

10:32:23 Turning to our general fund expenditures again, you see

10:32:25 the pie graph, again a bird's-eye view of where that

10:32:29 $371 million goes.

10:32:32 And you can see probably not a surprise to many, public

10:32:35 safety services form over half of those expenditures.

10:32:38 Parks and recreation again, another significant slice

10:32:42 of that pie, and public works are all tolled over 75%

10:32:47 of this $371 million to five departments.

10:32:53 So there's a relatively large burden associated with

10:32:58 very few departments.

10:33:00 We take those expenditure figures from the pie chart

10:33:03 and we break it down by category here.

10:33:05 You can see personnel operating in some of our grants

10:33:08 and transfer commitments.

10:33:10 Two main reasons to show you this slide, just to

10:33:13 reiterate the fact that when we are talking about the

10:33:15 general fund expenditures, you are overwhelmingly

10:33:18 talking about personal expenses, the costs of employing

10:33:21 people.

10:33:23 Towards the bottom right of that slide you can see

10:33:25 again our expenses are coming in better than

10:33:27 anticipated.

10:33:28 That's going to help us as we address the challenges

10:33:30 this year.

10:33:31 Almost $4 million.

10:33:37 And here again, a little more detailed general fund

10:33:41 expenditures by the major departments you saw on that

10:33:43 pie chart.

10:33:43 Public safety.

10:33:44 Parks and rec.

10:33:46 Public works.

10:33:48 How they have done for the first six months and where

10:33:50 we think they are going to head for the next six

10:33:53 months.

10:33:55 Turning from the general fund to the utility tax,

10:33:58 talking about the utility tax revenues.

10:34:00 Here you see the primary revenues associated with that

10:34:02 fund.

10:34:04 TECO utility tax, the communications services tax, the

10:34:08 water utility tax.

10:34:11 Again I will reiterate this at least once more during

10:34:13 this presentation.

10:34:14 You can see over $60 million of revenue received with

10:34:18 the majority of it going to the general fund.

10:34:23 The other thing I want to point out at the bottom right

10:34:26 the revenues for the utility tax in contrast to the

10:34:29 general fund revenues are not performing quite as well

10:34:31 as we thought to the tune before $3 million.

10:34:34 For the most part, it basically obviates any gain we

10:34:37 have seen in the general fund revenues.

10:34:39 So the general fund doing better, the utility tax fund

10:34:43 doing worse.

10:34:46 To give you a historical graphic on some of the major

10:34:51 utility tax revenues and how we anticipate they will

10:34:53 perform, in the utility tax compared to historical, on

10:34:59 the historical basis coming in very well but not quite

10:35:01 as well as we thought.

10:35:04 I hate to keep going the economic development out

10:35:07 there, but the economic environment, of course, drives

10:35:12 many of our revenue sources.

10:35:15 The primary culprit in our utility tax revenue

10:35:18 underperformance is communication -- services tax, and

10:35:22 this is just performing significantly less than we and

10:35:26 many, many other localities anticipated.

10:35:29 You can see to the tune of over $2 million.

10:35:32 That's a large hit.

10:35:33 And we don't project that to get any better in the next

10:35:36 fiscal year.

10:35:37 And you will see that when we start to get into more

10:35:39 detail at the workshops.

10:35:42 Significant hit.

10:35:45 On a slightly brighter note the water utility tax is

10:35:48 performing slightly better than anticipated and very

10:35:51 well based on history due in no small part to the rate

10:35:55 increase.

10:36:01 The utility tax refuse gnaws to the expenditures, again

10:36:04 these are the primary expenditures in this fund again

10:36:07 tailored towards more of the big ticket items, your

10:36:10 vehicles, your capital equipment, capital improvement

10:36:13 projects, and you can see a not insignificant amount of

10:36:17 debt service.

10:36:18 At the very bottom of that slide, again, I'll

10:36:21 reiterate, our overwhelming reliance on this revenue

10:36:25 source in the general fund.

10:36:27 Almost $37 million for operating expenditures

10:36:32 anticipated this year.

10:36:36 And trying to tie it all together, again a bird's-eye

10:36:39 view, revenues versus expenditures for both these

10:36:42 funds.

10:36:43 The bad news is we anticipate we are going to need

10:36:46 about $27 million of that fund balance.

10:36:49 It could be worse.

10:36:50 We budgeted 33.

10:36:52 So it's $5 million better.

10:36:54 But again when you are talking about taking such a

10:36:57 significant amount from this fund balance to balance

10:36:59 the budget, things can definitely improve.

10:37:06 Highlighting some of the costs.

10:37:09 These are your personnel costs, a very sensitive and

10:37:12 watched subject.

10:37:13 You can see the escalation over time.

10:37:15 Despite, again, reducing almost 700 positions over the

10:37:18 last three or four years.

10:37:21 We are recognizing some significant savings this year.

10:37:23 We think it's going to continue again, primarily

10:37:26 associated with vacancies.

10:37:32 On the other side you can see our overtime is

10:37:34 anticipated to increase beyond our budgeted level about

10:37:37 half a million dollars.

10:37:38 Primarily associated with the needs of the police

10:37:41 department.

10:37:41 So overall our personnel costs are coming in under on

10:37:44 this particular line item, although it decreased

10:37:48 dramatically if you look at the history.

10:37:50 We anticipate it's going to bust the budget this year

10:37:53 and we'll have to bring to you an amendment.

10:37:58 Again over the last two years under $20 million worth

10:38:04 of increases, and you see the activity here in the

10:38:07 general employees pension, just a significant increase

10:38:11 over a very short period of time, very, very difficult

10:38:15 to absorb.

10:38:18 And the same in the fire and police pension,

10:38:23 statistically a greater jump in the amount of funding

10:38:26 that the city needs to contribute for these.

10:38:29 You see, the big hit in GE and backing up was last

10:38:33 year, and the big hit in the fire and police pension

10:38:35 was this year because they are based on two different

10:38:37 cycles.

10:38:38 One fiscal year, one calendar.

10:38:41 So again over $20 million in increases.

10:38:45 And you can see the fire and police pension alone is

10:38:47 $20 million in total, just significant, significant

10:38:51 burdens.

10:38:55 Moving onto the enterprise fund.

10:38:58 Enterprise departments ideally are operated like a

10:39:01 business.

10:39:01 At the very least you want to break even.

10:39:04 And ideally you want to make a profit.

10:39:06 And you either reinvest that profit into the

10:39:08 organization through improvement assets and the like,

10:39:12 or you invest that profit, or you make use of that

10:39:14 profit, excuse me, by reducing the rates to the users.

10:39:19 I say that because we have two enterprise funds that

10:39:23 are not doing very well.

10:39:26 Here you see the pie chart again, the bird's-eye view

10:39:28 of the burden that they take up -- in the budget, a

10:39:34 little over $300 million for the four departments.

10:39:39 There's a lot going on in this slide.

10:39:41 So I'll try not to get too down into the weeds.

10:39:43 But the long and the short of it is, the last time the

10:39:47 parking fund made a profit from a business perspective,

10:39:52 it was a successful business, was in fiscal year 2006.

10:39:56 In fiscal year 2007 the expenses began exceeding the

10:39:59 revenues, and they have survived on their savings or

10:40:01 their fund balance since then.

10:40:05 We have a couple of events that have taken place in the

10:40:07 current year, amounting to a perfect storm for our

10:40:11 parking fund.

10:40:13 They have run out of their savings this year and the

10:40:15 general fund has to supplement them this year.

10:40:18 On top of that, for a period of time, their debt

10:40:21 service associated with the parking garages was

10:40:24 artificially lowered from the sale of the parking

10:40:28 garage to the Tampa General Hospital.

10:40:31 So we got a consistent multiyear break on our debt

10:40:35 service that went away this year.

10:40:38 Coincidentally it's about a $7 million debt service,

10:40:41 and that's about what we think that they are going to

10:40:44 have a shortfall this year, and next year, and unless

10:40:49 anything changes for the foreseeable future, and

10:40:51 actually longer than that, up to 2020 as you will see

10:40:54 from one of slides.

10:40:55 We have a very, very difficult challenge in the parking

10:40:57 fund.

10:40:58 Not making a profit.

10:40:59 They have run out of savings.

10:41:01 And they are on the general fund goal.

10:41:07 And you can see here again trying to tie it all

10:41:11 together, operating at a loss of $7 million, anticipate

10:41:14 a similar loss in '12 and beyond.

10:41:17 And just to put it into context, as we talk about

10:41:21 having to address a 25 to $30 million shortfall next

10:41:25 year, you can see that parking is contributing to that

10:41:28 shortfall a quarter to a third depending on where we

10:41:31 end up on the shortfall.

10:41:33 A very significant burden as we try to balance next

10:41:36 year's budget.

10:41:39 You see their fund balance or their savings forecast.

10:41:42 In this year, they ran out of money.

10:41:44 And you can see a drastic decline, they will continue

10:41:49 to need additional funding from another source in

10:41:52 the -- through the foreseeable future.

10:41:59 So in summary on the parking fund, we have a systemic

10:42:02 $7 million shortfall in 2020 and we call it systemic

10:42:05 because it's basically built in the absence of any

10:42:08 other changes.

10:42:09 Increasing debt service, continued increase in

10:42:11 expenditures, primarily associated again personnel, pay

10:42:16 raises, pension, things like that.

10:42:18 The general fund utility taxes provide a supplement in

10:42:22 the current year of 2 million.

10:42:23 It's going to skyrocket to over 7 million we think next

10:42:26 year.

10:42:26 And again, to drive the point home, a program that

10:42:30 ideally should be run like a business is a general fund

10:42:34 agency now.

10:42:38 Moving on to another very, very good challenge, the

10:42:41 solid waste department and the solid waste fund.

10:42:44 Again a lot going on in this graph, but that from a

10:42:47 historical perspective, you can see the last time this

10:42:50 business made a profit was 2008.

10:42:52 They are surviving right now through a combination of

10:42:55 their revenues, which aren't enough, and their savings.

10:42:58 Again, their fund balance.

10:43:01 They have had to tap into their fund bam the last

10:43:03 couple of years and we foresee them having to do that

10:43:06 continuously if nothing changes until they run out of

10:43:09 money.

10:43:13 Again tying it all together we think they are going to

10:43:20 operate at a $4 million loss.

10:43:21 Their fund balance is less than 16 million.

10:43:24 So, again, this cannot be sustained into the long-term

10:43:27 without some changes.

10:43:29 And we have a similar fund balance graph for you.

10:43:32 You can see that they become insolvent in 24 months or

10:43:37 less.

10:43:38 Very, very significant challenge.

10:43:40 That brings all kinds of other effects to be the

10:43:42 general fund if they run out of money.

10:43:51 Moving onto our next enterprise fund, the wastewater

10:43:53 fund revenue.

10:43:55 Pardon me.

10:43:56 And expenses.

10:43:57 You can see here again a lot going on in this slide.

10:44:01 But they are doing better than anticipated.

10:44:03 A little bit of a bright spot in terms of their

10:44:06 revenues, and their expenditures are coming in less

10:44:08 than anticipated.

10:44:10 You can see their activity has been rather cyclical as

10:44:14 you would expect with the recent last couple of years

10:44:17 in the economic environment.

10:44:18 Again, this is a fund that ideally operates like a

10:44:21 business in terms of profit.

10:44:23 And you can see this year we anticipate them to do just

10:44:27 that, to increase their fund balance for their savings

10:44:30 a little over $3.5 million.

10:44:36 Not quite such a bright spot in the water fund.

10:44:39 It has some very, very big impacts associated with some

10:44:43 large, large projects.

10:44:44 I have a list of them here.

10:44:46 Bruce B. Downs.

10:44:46 Sulphur Springs.

10:44:47 You can see their revenues are not coming in quite as

10:44:51 well as we anticipated.

10:44:54 You can see historically, they have also pretty much

10:44:57 broken even or had to use some of their fund balance in

10:45:02 the past.

10:45:03 Unfortunately, we think this year they are going to

10:45:05 need to turn to their fund balance to the tune of

10:45:08 almost $14 million.

10:45:11 On the plus side, they have got a significant fund

10:45:13 balance of almost $60 million, and they have got very,

10:45:16 very deep pockets to draw from this, but they won't be

10:45:19 able to do it forever.

10:45:22 Just to recap both water and wastewater have had recent

10:45:25 rate increases of 12 and 14% respectively that are

10:45:29 going a long way towards helping their financial

10:45:32 position.

10:45:36 That's the end of the formal presentation, council.

10:45:40 I can answer any questions for you.

10:45:42 >>CHARLIE MIRANDA: Any questions by council members at

10:45:43 this time?

10:45:45 Mr. Cohen?

10:45:46 >>MIKE COHEN: Just one question.

10:45:49 Taking all this together, taking into account the

10:45:54 dollars that we expect to be able to roll overdue to

10:45:58 this year's savings, and the ability to keep some of

10:46:03 our expenses down below what was projected, having what

10:46:07 you have just shown us, what has been your view, the

10:46:11 total deficit that the city is looking at in next

10:46:16 year's budget?

10:46:17 >> Thank you.

10:46:18 That's a good question.

10:46:19 It continues to be approximately 25 to $30 million

10:46:22 depending on our projection.

10:46:24 Ideally, our projections get better and better as we

10:46:27 make our way through this year.

10:46:29 A couple of the catalysts will be the estimated

10:46:31 property values which we'll get from the property

10:46:33 appraisers office very soon, likely at the end of this

10:46:37 month.

10:46:37 But it's still about 25 to $30 million.

10:46:40 >> Mr. Chair, I am going to have two items to discuss

10:46:44 relative to scheduling budget workshops, and the

10:46:48 continuation of the citizens advisory committee to be

10:46:51 City Council on the budget and finance.

10:46:53 Would you like to talk about those now, or in new

10:46:56 business?

10:46:57 >>CHARLIE MIRANDA: If you may, just let me say we would

10:47:00 like to discuss those in new business and you can ask

10:47:02 the administration the questions you need now so we can

10:47:05 clear that and not create them together.

10:47:09 Anyone else?

10:47:10 I have some questions myself.

10:47:14 The parking fund, the water fund, when you look at the

10:47:17 enterprise fund the way you spoke, and I believe you.

10:47:21 Three quarters of the enterprise fund is underwater or

10:47:26 upside down.

10:47:26 The only one that's above water, if I remember, was

10:47:32 wastewater.

10:47:33 Solid waste had a problem.

10:47:37 Parking has a huge problem.

10:47:39 I don't like to go on reserves.

10:47:41 As you well know when we had our meeting reserves are

10:47:44 something that are necessary in case of disaster.

10:47:47 Not financial disaster but natural disasters.

10:47:50 When you look at the projected loss or needs of moneys

10:47:56 to balance a budget, I believe it's something in the

10:47:58 neighborhood of $27,385,000, if I remember the figure,

10:48:03 give or take a couple of dollars.

10:48:05 >> Yes, sir.

10:48:07 >>CHARLIE MIRANDA: I'm most concerned when enterprise

10:48:10 funds start going south.

10:48:13 In other words, like the average checkbook of all of

10:48:16 us.

10:48:17 And that bothers me because they were set up apart from

10:48:21 the general fund, not to be subsidized, and general

10:48:25 terms by the general public fund.

10:48:29 So when I look at those things I start to think, how do

10:48:32 you get them back and balanced?

10:48:34 Let talk about water.

10:48:37 If this city doesn't do anything, if this

10:48:39 administration doesn't do anything on water for future

10:48:43 use in the next ten years, more than likely 15 years,

10:48:48 we will be buying a lot more water.

10:48:49 We bought $43 million worth of water from outside

10:48:54 sources in the last ten years.

10:48:57 It's my sometimes the next five years you are going to

10:49:00 spend $35 million in buying that water.

10:49:04 In the next 10 you are going to spend 75 million buying

10:49:08 water.

10:49:08 So what I am getting at, if you don't fix your problem

10:49:11 and hold, not only your financial problem but your

10:49:15 anticipation of what you are going to spend in giving

10:49:17 the good citizens of this city their needs -- and

10:49:20 that's one needs, without water, forget about the rest

10:49:22 of the system, forget about your Hartline, forget about

10:49:25 your transit, forget about anything building,

10:49:27 prosperity, jobs, you won't have any of it.

10:49:31 So what I'm saying, if this administration does not

10:49:35 focus, number one, on water, they won't do number two,

10:49:39 number three and number four, because without water you

10:49:41 can't survive.

10:49:42 You can't have prosperity.

10:49:44 You can't have been new jobs.

10:49:49 The plan of course has been relatively young, so I am

10:49:52 not asking for one today.

10:49:54 But I would like to see something that you good folks

10:49:58 are going do, or plan to do in the next three months to

10:50:02 see what's going to happen.

10:50:03 You cannot continue -- we cannot continue, including

10:50:06 myself and this council, to keep going on the basis

10:50:09 of -- we have deficit but we have reserves.

10:50:13 We have deficit, we have reserves.

10:50:16 The same thing that happened in parking, same thing

10:50:18 that happened in water, and the same thing that

10:50:20 happened in solid waste.

10:50:24 The reserves vanished.

10:50:26 And then you are left with what do I do now?

10:50:30 That's folks, that's what causes foreclosure in homes,

10:50:35 basically the same theory and different principals, of

10:50:38 course.

10:50:39 So I would like to see your plan, your financial plan

10:50:40 for what this city is going to do in the next four

10:50:43 years to have a -- brought-forward position on how you

10:50:50 are going to solve your deficit.

10:50:52 If this year is 27.3385 million is anticipated, and I

10:50:58 believe your numbers are very, very accurate -- then

10:51:01 how are we going to solve 2012, 2013, 2014?

10:51:07 What plan do we have for the outlook for the future so

10:51:10 that the citizens of this city who are paying the tax,

10:51:14 and get the same goods and services or as close to

10:51:17 those goods and services that we said we were going to

10:51:20 give them.

10:51:20 And we have been doing a good job in goods and

10:51:22 services.

10:51:24 When you look at one department alone, between two

10:51:29 departments, if you compare those two department

10:51:32 through the brought-in revenues from ad valorem tax, on

10:51:36 two departments alone, you are $87 million in the hole.

10:51:41 I think that's accurate.

10:51:43 Not that that needs a change.

10:51:45 I think we have to realize what do we do in the future?

10:51:48 Not with those two departments but with the whole

10:51:51 picture of the governing body.

10:51:53 And I think this is most interesting to the taxpayers.

10:51:57 You have an opportunity in bad times to set the

10:52:01 standard, not only for next year but for the whole city

10:52:06 in the future, and there's an old Spanish saying.

10:52:11 (Speaking Spanish)

10:52:12 And I'm sure you understand what I said.

10:52:15 Just like we understand what you said.

10:52:18 [ Laughter ]

10:52:18 It means out of something bad something good can always

10:52:23 come out if you work out for a solution.

10:52:27 So that's the challenge we have.

10:52:29 And of these challenges, all the time, this

10:52:31 administration, this council, could certainly come up

10:52:34 and shine, because they do the right thing.

10:52:37 And that's what I'm asking.

10:52:39 I'm not asking for an answer today.

10:52:40 As you know, these hearings will be more and more

10:52:42 often, and Mr. Cohen, the head of the Finance

10:52:48 Committee, he will certainly be working with you to

10:52:50 make sure that everything is done with anticipation.

10:52:54 When -- it easy to say I am going to privatize this,

10:52:58 privatize that.

10:53:00 I'm not into that, because I'm failing to do my own

10:53:03 job.

10:53:03 How do I get the parking department back on the right

10:53:06 track?

10:53:08 Necessarily, does it have -- doesn't have to be this

10:53:10 year but how do I solve that problem, that privatizing,

10:53:15 what happens?

10:53:15 You sell it.

10:53:17 You are happy for about two days.

10:53:19 And then the rates all go up for the next 20 years.

10:53:23 I'm not opposed to rates increases if it solves a

10:53:25 problem, and you work on it on a diligent basis, not

10:53:28 just to spearhead moneys and moneys and moneys.

10:53:31 So these are the things that we have to look at.

10:53:34 I'm not going to go to mistakes we made.

10:53:37 We have made many.

10:53:38 All of us have made mistakes on both sides of the

10:53:41 aisle.

10:53:42 But then again, I make mistakes on my own outside of

10:53:45 government.

10:53:45 But you have to rectify those mistakes.

10:53:47 And this is the burden that you have.

10:53:49 And your new leader in finance, I met with her, she's

10:53:54 very articulate, very smart, and very capable, and now

10:53:58 I offer you that opportunity to solve our problem.

10:54:02 These are the things that we are looking for in

10:54:04 leadership.

10:54:05 And I will stop here and give to the Mrs. Montelione.

10:54:07 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:54:09 You brought up 2001 very salient issues.

10:54:11 You brought up more than two, actually, but the it

10:54:15 would be that I would like to address are water and

10:54:17 parking.

10:54:19 And as we have moved toward conservation measures

10:54:26 including water conservation, including the advancement

10:54:31 of alternative transportation measures, we have to

10:54:36 think as the chair suggests in a long-term view.

10:54:43 The parking, I believe it was the parking slide that

10:54:45 projected through the year 2020.

10:54:49 We are looking at transportation changes at the MPO in

10:54:55 the year 2035.

10:54:56 So there are certain measures that we are taking in

10:55:01 other areas of the city and in the county that are

10:55:06 going to be reflected in our revenues in other areas.

10:55:10 Parking revenue, the need for parking is going to

10:55:13 decrease as we promote the transportation plans of mass

10:55:19 transit alternatives, bicycling, pedestrian usage,

10:55:22 building all the units downtown, so it as people live

10:55:25 down here they can walk to work.

10:55:27 So we have to not look at the immediate fix.

10:55:32 What are we going to do now to turn this situation

10:55:34 around be? But how are we looking at changing for the

10:55:38 next 15, 20 years, when the initiatives that we are

10:55:43 starting today or that we started yesterday are going

10:55:47 to be reflected.

10:55:48 So I encourage you to really look at the long-term

10:55:54 picture and address those issues that we are promoting

10:55:58 in other areas and other agencies and other forums and

10:56:03 really take those into consideration when looking at

10:56:06 the budget going forward, not just this budget, but the

10:56:09 ones that we are following.

10:56:12 Thank you.

10:56:12 >> First I would like to thank Mrs. Little and Dennis

10:56:20 for your presentation.

10:56:22 Excellent as always.

10:56:23 I am going to reiterate what Chairman Miranda and

10:56:26 actually what Councilwoman Montelione has said.

10:56:29 We didn't get into this situation easily, but we got

10:56:34 into it quickly.

10:56:39 What has happened over the last three years kind of the

10:56:42 economic tragedy that we have had over the last three

10:56:45 years has really caused all governments and all

10:56:48 businesses to be in this situation.

10:56:51 There's no doubt that things that happened previously

10:56:55 we probably should have solved some problems prior to

10:56:57 this, prior to this point, and I reiterate what

10:57:03 Chairman Miranda said in terms of water and some of the

10:57:05 other resources.

10:57:06 We would like to try to make things work in a little

10:57:08 better basis.

10:57:10 And I know that you, after having talked to you

10:57:13 privately, are thinking outside of the box and thinking

10:57:16 innovatively, trying to solve these problems.

10:57:18 And we appreciate that.

10:57:19 It's not going to be easy.

10:57:21 There are going to be some hard decisions that we all

10:57:24 have to make but at least having good information and

10:57:26 good projected numbers as much as we can is going to

10:57:30 help us do that job.

10:57:31 And I just wanted to thank you and tell the public how

10:57:34 much we appreciate your help.

10:57:35 >>FRANK REDDICK: I promised you I would ask no

10:57:44 question today, but -- [ Laughter ]

10:57:48 >> Like hearing your voice.

10:57:50 >>FRANK REDDICK: Okay.

10:57:52 Let me ask a question.

10:57:53 I was just thinking.

10:57:54 And refresh my memory.

10:57:55 We currently have ten parking garages?

10:57:59 >> Say again, sir?

10:58:00 >>FRANK REDDICK: We currently have ten parking

10:58:02 garages?

10:58:03 >> Yes, sir.

10:58:04 >>FRANK REDDICK: Are all of them operating at a loss?

10:58:07 >> Based on the operating revenue versus expenditures,

10:58:10 eight of them operate at a loss.

10:58:12 >>FRANK REDDICK: So when, that is meaning that they

10:58:19 are operating for the general fund and not from their

10:58:22 own?

10:58:23 >> Yes, a combination of both.

10:58:24 They are not self-sufficient, and they need a lot of

10:58:27 general fund money to maintain operations.

10:58:29 >>FRANK REDDICK: And I'm assuming that the next time

10:58:36 we hear you from, hear from somebody, the department,

10:58:38 that you will be presenting to us some type of

10:58:41 resolution of how you are going to resolve these

10:58:45 problems?

10:58:45 >> Yes, sir, you will see a number of options and

10:58:48 scenarios that we will discuss during the workshops.

10:58:51 >>FRANK REDDICK: One of them including whether to sell

10:58:55 all ten of these garages?

10:58:56 >> Selling of our asset is one of the options.

10:58:59 We will explore as part of our solution.

10:59:01 >>FRANK REDDICK: Okay, thank you.

10:59:09 >>YVONNE CAPIN: We discuss this a little bit yesterday

10:59:10 about our bond rating.

10:59:14 The city's rating.

10:59:16 And because they are going to look at not just what we

10:59:20 are doing this year and next year.

10:59:24 How far in the plan is it looked at?

10:59:27 In other words, when they are talking about the future

10:59:30 and how we have to plan for the future, is it not part

10:59:34 of what you do, to make sure that we look -- or when

10:59:42 they look at us, as a city, that they are looking at

10:59:45 our plans down the future, down the road?

10:59:51 >> Little: Yes, ma'am.

10:59:52 That is a very huge component of how we are evaluated.

10:59:57 They look very heavily on how we manage and plan for

11:00:01 the future, at least an immediate term basis and as far

11:00:08 out as two, three, up to five years.

11:00:10 >> Up to five years.

11:00:13 >> Well, they do look beyond that because of the nature

11:00:16 of our economy, they understand there is a lot of

11:00:18 volatility but they are looking really looking to see

11:00:20 that we have a very solid and attainable plan in the

11:00:25 immediate term, and that there is room for and

11:00:29 flexibility in moving out beyond the immediate term.

11:00:31 >> Thank you, Mrs. Little.

11:00:36 >>CHARLIE MIRANDA: Thank you, Ms. Capin.

11:00:39 That's a very good point.

11:00:40 And I am just going through some numbers.

11:00:43 The numbers are not correct but I am going to use them.

11:00:45 Let's say you owe 10 million and your payment is a

11:00:49 million dollars a year.

11:00:50 On the debt service.

11:00:52 And the revenues are $900,000 a year.

11:00:57 Well, the rating agencies up wherever the Wall Street

11:01:01 area, they'll say, oh-oh, we have a problem.

11:01:04 So now instead of paying a million on the 10 million,

11:01:07 you are paying a million and a half on the 10 million

11:01:10 because they get nervous.

11:01:12 So what do we get in return?

11:01:14 Nothing.

11:01:14 You have the same outstanding debt.

11:01:19 Your increase and performance went out to pay your debt

11:01:22 and guess who gets stuck with the bill.

11:01:25 We do.

11:01:26 So it's better to face reality than the to let the bond

11:01:29 rating lower from, say, A-plus to A-minus and get your

11:01:33 interest going higher and the same amount owed.

11:01:39 I've always been a believer, if you can't afford it

11:01:41 don't buy it.

11:01:42 In my own household.

11:01:43 So I know government is a little different.

11:01:45 But I still believe that if you are going to tell the

11:01:48 public the fact, this is how you get out of it.

11:01:51 We can do this and have that and your responsibility is

11:01:53 going to be to bring it to us.

11:01:55 And I appreciate it very much.

11:01:56 Any other council members have any question at this

11:01:58 time?

11:01:59 Thank you very much for coming.

11:02:01 It was very direct and very informative.

11:02:03 We really appreciate your attendance.

11:02:05 Thank you.

11:02:07 All right.

11:02:07 We go to item 46.

11:02:11 That was opened earlier.

11:02:12 Anyone in the audience care to speak on item 46 being

11:02:17 changed to July 14th, the year 2011 at 10:30 a.m.?

11:02:23 I see no one.

11:02:24 I need a motion to change this to be that date, to July

11:02:27 14. This I have a motion by Mr. Suarez, seconded by

11:02:31 miss Capin on a close vote with Mr. Cohen.

11:02:34 All in favor?

11:02:36 >>FRANK REDDICK: I have a question.

11:02:37 This is pertaining to the -- with the greatest outcome.

11:02:44 I just have a question if someone can explain.

11:02:48 Clarification about the misnotice.

11:02:50 >>BARBARA LYNCH: The applicant had to do mailings 30

11:02:59 days prior to the public hearing.

11:03:01 And they actually missed by a day.

11:03:04 >> They were notified of having to --

11:03:09 >>BARBARA LYNCH: Yes.

11:03:10 In fact I actually called them.

11:03:11 I work with these people quite closely.

11:03:13 And I am just thinking -- received a letter from us

11:03:19 telling him that he had to do his notice by a certain

11:03:22 date.

11:03:22 >> July 14th, I know that they are in urgent need

11:03:28 of trying to get this going.

11:03:29 So it's July 14 is the earliest date?

11:03:32 >>BARBARA LYNCH: I talked to Mr. Day --

11:03:37 >> Jensen?

11:03:38 >> I have to look at the file.

11:03:39 But he indicated that that wouldn't be a bad day for

11:03:42 him.

11:03:42 But if you want to go earlier, I have to take a look at

11:03:45 the calendar.

11:03:46 >>FRANK REDDICK: All right, thank you.

11:03:49 >>CHARLIE MIRANDA: Do I hold this be? Where do you

11:03:52 want me to do with it?

11:03:52 >>BARBARA LYNCH: Do you want me toll see if they can

11:03:55 do it earlier?

11:03:57 >>CHARLIE MIRANDA: If I may before I go further I will

11:03:58 hold 46.

11:04:00 And then we'll go to 31 and 47.

11:04:05 Now, on 47 is open.

11:04:06 We opened that earlier.

11:04:07 So I guess we'll take -- which comes first, 31 or 47

11:04:12 legally?

11:04:12 >>MARTIN SHELBY: You can take either one.

11:04:17 It council's pleasure.

11:04:18 You can take 31 if you wish.

11:04:27 >>CHARLIE MIRANDA: 47 is open.

11:04:28 We'll take 31.

11:04:35 That's under the committee of Lisa Montelione.

11:04:37 So we go to Yolie Capin, the vice chair of that

11:04:40 committee on item number 31.

11:04:45 >>YVONNE CAPIN: I move the item.

11:04:47 >>CHARLIE MIRANDA: You move the less resolution of 31.

11:04:50 I have a motion by Mrs. Montelione to move the

11:04:52 resolution, second by Mr. Reddick.

11:04:54 All in favor of the motion please indicate by saying

11:04:56 Aye.

11:04:57 The Ayes have it unanimously.

11:04:58 Now on 47.

11:04:59 This public hearing has been open.

11:05:04 47 is now open.

11:05:19 Did I have anyone come in late that's not been sworn to

11:05:22 speak?

11:05:24 47 and the rest of the public hearings.

11:05:27 (Oath administered by Clerk)

11:05:37 >>BARBARA LYNCH: Land Development Coordination.

11:05:42 C-11-08 is to vacate a portion of 1th street in

11:05:46 the Channel District and I have a map for the overhead.

11:05:53 The portion of 11th street that's to be vacated is

11:05:56 outlined in yellow.

11:06:02 This is a part of 1th street between Meridian and

11:06:09 12th street and Cumberland to Whiting Street.

11:06:13 I have some photos.

11:06:17 The first is a photo of 1th street looking south

11:06:20 on Whiting Street.

11:06:21 And as you can see, it's an improved street.

11:06:28 The next picture is a picture of 11 street lag north on

11:06:31 Cumberland Avenue.

11:06:35 The next photo is looking southwest of 11th street.

11:06:45 And the other side is vacant as well.

11:06:51 And the photo a continuation looking north of Whiting

11:06:56 Street and this is not to be vacate.

11:07:04 Staff has no objection to this request.

11:07:07 Easements have to be reserved for Verizon, TECO,

11:07:11 people's gas, stormwater, wastewater and water.

11:07:15 One note about the easements as shown on the ordinance.

11:07:19 It's overall the whole entire area.

11:07:21 But these will be subject to change at second reading

11:07:24 because they are trying to narrow them to specific

11:07:26 areas we are working on the legal description for those

11:07:30 easements.

11:07:35 And Mr. McDonaugh is here from the city to answer any

11:07:39 questions about the reason for the vacating, and the

11:07:39 developer of the abutting property is here as well.

11:07:45 >>CHARLIE MIRANDA: Okay.

11:07:45 >> Bob McDonaugh, City of Tampa economic development

11:07:57 department.

11:07:57 We are working with the related group, and they are

11:07:59 proposing to build an apartment complex adjacent to

11:08:03 this street, the vacated street, and more importantly a

11:08:07 lineal park on this vacate right-of-way.

11:08:11 Interesting, for important parts of this, the property

11:08:17 would be vacated, they would develop a lineal park on

11:08:20 the northern three quarters of the property.

11:08:22 When the park is completed and they receive a CO on

11:08:26 their first building the property would be dedicate

11:08:28 back to the City of Tampa.

11:08:31 The park and the developer would be maintaining that

11:08:33 property for a period of at least 49 years.

11:08:37 One of the things or questions that have come up in the

11:08:39 past is, you know, we will have fee simple ownership in

11:08:46 that northern three quarters of 11th street.

11:08:49 We will also have pedestrian easements across the

11:08:51 property to the south.

11:08:52 And so the pedestrian network will not be disturbed in

11:08:55 the neighborhood.

11:08:56 And I think rather than me speak more, if you have

11:08:59 questions, I would be happy to answer them, but more

11:09:02 importantly there are several neighbors from the

11:09:04 neighborhood, made property owners, that would like to

11:09:07 express their opinion about this vacating.

11:09:14 >>CHARLIE MIRANDA: Okay.

11:09:15 Is the petitioner here?

11:09:18 >> Ron Weaver, 40 East Jackson Street, attorney for the

11:09:23 applicant.

11:09:23 I would like to thank your staff for working with us,

11:09:27 Mr. Steve Patterson is here, Ronald Nelson,

11:09:33 engineering, and in this economy, this economy to

11:09:36 create an opportunity not only of course for tax base

11:09:39 and revival of Channelside but also that park which we

11:09:41 will be maintaining for 49 years.

11:09:45 358 feet long, more than a football field.

11:09:48 And it's 50 neat wide and it would be maintained for 49

11:09:53 years by the developer as part of the 360 unit of

11:09:56 apartments with prior approval by this council, about

11:09:59 five years ago, about four times as much development,

11:10:03 therefore we believe that our impacts are much less by

11:10:05 about five times less, and we will be contributing to

11:10:08 the Channelside recovery, including providing the park

11:10:11 which is longer than a football field, with respect to

11:10:14 our application.

11:10:16 For vacating.

11:10:17 Thank you, Mr. Chairman.

11:10:18 >>CHARLIE MIRANDA: Anyone in the audience at this time

11:10:20 care to speak for or against this petition, please come

11:10:23 forward.

11:10:30 >> Good morning, chairman and fellow City Council

11:10:32 members.

11:10:33 Good to see you again.

11:10:37 I'm a resident of towers of Channelside.

11:10:39 And I would like to identify -- would the residents of

11:10:43 the Towers please stand?

11:10:51 We do have the representation.

11:10:53 We do care.

11:10:53 And we would like to help you increase the revenue on

11:10:57 this parking garages, because 11th street is free

11:11:01 parking to so many people today.

11:11:05 So go to the employers or the employees parking there

11:11:09 and ask the employers to rent these spaces a month and

11:11:15 that will help your revenue.

11:11:18 Related to developer's request to replace 1th

11:11:21 street with a huge welcome to have that park there.

11:11:25 The tower residents who live at Cumberland and

11:11:31 1th street have seen -- 11th street have seen

11:11:36 horrible situation was the trash debris, party

11:11:39 revellers, you name it and it's there.

11:11:42 So the members of the council, please grant this

11:11:44 right-of-way application with the conditions made to

11:11:47 the related development.

11:11:49 Our first request to barricade 11th street as soon

11:11:53 as permissible.

11:11:54 Please put up no-parking signs on both sides of

11:11:58 Cumberland between this development and the towers,

11:12:02 because we don't want them to move off of 11th

11:12:05 street onto the street side now.

11:12:08 So if we could put up that.

11:12:10 And then where they do take over the 11th street,

11:12:14 put in zone signs so the people won't arbitrarily go

11:12:21 back and park there.

11:12:23 And to the relate development, we say welcome to

11:12:27 Channelside, and thank you.

11:12:30 >>CHARLIE MIRANDA: Anyone else?

11:12:31 >> Good morning, Mr. Chairman, council members.

11:12:39 My name is Tom Murang, resident of the Towers of

11:12:44 Channelside.

11:12:44 My unit overlooks 11th street.

11:12:46 I'm in favor of vacating the street and making it a

11:12:49 public park.

11:12:50 I think it will add to the appearance of the area.

11:12:54 It will also add an amenity for the citizens of

11:12:57 Channelside and I'm in totally in favor.

11:13:00 And I second Evelyn's assistance to the parking

11:13:02 problems with the deficit.

11:13:06 Thank you.

11:13:08 >>CHARLIE MIRANDA: Thank you.

11:13:08 Next, please.

11:13:09 >> Marilyn Smith.

11:13:16 I don't live in the towers, but I do have to go to the

11:13:20 Port Authority quite frequently, and I Tampa, Florida

11:13:23 those roads.

11:13:24 And anything you can do to block off the unsightliness

11:13:28 that is occurring and bring revenue to the parking

11:13:31 garages around the Channelside would be good.

11:13:35 Mr. Weaver spoke about the recovery of the Channelside.

11:13:42 Nice to see somebody besides me admit there's a problem

11:13:45 down there.

11:13:46 It's not like everybody goes -- wasn't more than two

11:13:51 years.

11:13:52 That's the reason why the parking revenue is down, too.

11:13:54 So I agree, the members are taking a very forward leap

11:14:00 positive of resident position, and I applaud that, the

11:14:05 innovation.

11:14:07 We should have more neighbors like that.

11:14:08 Thank you.

11:14:10 >>CHARLIE MIRANDA: Thank you very much.

11:14:11 Anyone else?

11:14:23 Anyone else in the audience care to speak on item

11:14:26 number 47?

11:14:29 Petitioner, would you like to come back up?

11:14:31 >> Ron Weaver: Yes, sir.

11:14:46 >>CHARLIE MIRANDA: Let me just say on this item, on

11:14:48 item 47, these are administrative reviews, and there's

11:14:51 really no notification given.

11:14:52 >> There has been public notice.

11:14:58 >>CHARLIE MIRANDA: I know that.

11:14:58 But come up, please.

11:15:01 >>JULIA COLE: City of Tampa legal department.

11:15:04 I notice some of the comments from one of the speakers

11:15:06 that there was a request to receive good neighbor

11:15:09 notice of the site plan review.

11:15:10 The site plan review in this instance is an

11:15:12 administrative review.

11:15:14 There is no notice.

11:15:15 The public hearing you have in front of you is on the

11:15:17 vacation.

11:15:18 >>CHARLIE MIRANDA: I believe I have Mrs. Mulhern.

11:15:20 >>MARY MULHERN: Actually, Bob, I think maybe you can

11:15:23 help me with this, because I have your maps here and

11:15:29 I'm trying to piece together, because my only problem

11:15:34 with this is basically I don't like vacating streets,

11:15:39 especially in downtown.

11:15:44 And I would rather see us create green space out of the

11:15:52 land, the private land, as opposed to -- we need both

11:15:57 green space and parks in the Channel District, and we

11:16:01 need workable roads.

11:16:04 So what I'm trying to understand is because it does

11:16:10 dead-end there at Cumberland, right?

11:16:16 >> That's right.

11:16:16 Yes.

11:16:17 >>MARY MULHERN: When the towers were built --

11:16:24 >> 11th street never went all the way to

11:16:27 Channelside Drive.

11:16:29 Here is a plat from the original plat.

11:16:30 I believe I provided you aerials.

11:16:36 Let me put something up on the Elmo.

11:16:37 You can see the plat.

11:16:43 This is 11th street that I am pointing to.

11:16:46 This is the area here where The Towers of Channelside

11:16:49 are currently.

11:16:52 11th street never went through.

11:16:54 There was some other side streets that Mr. Miranda

11:16:57 might remember a long time ago were vacated for Fogarty

11:17:01 Van Lines.

11:17:02 But 1th street, there was never a connection

11:17:04 between Channelside Drive and 11th.

11:17:07 That street never went through.

11:17:08 So there was not a disruption of the road grid because

11:17:12 there was not one that existed.

11:17:13 >>MARY MULHERN: In the past, it would have been nice

11:17:21 if we had actually expanded the grid and made it, you

11:17:25 know, I think it would have been better to allow

11:17:29 especially people who live there to get close to the

11:17:32 water.

11:17:33 But since didn't happen, that's what I needed to know.

11:17:37 >> Bob McDonaugh: Yes, ma'am.

11:17:42 >>MARY MULHERN: Do you need these?

11:17:49 >> Any other questions, sir?

11:17:52 >>CHARLIE MIRANDA: I see none.

11:17:53 Anyone else who has not spoken would care to speak on

11:17:58 this item?

11:18:02 Okay, petitioner, I want you to have the last word.

11:18:07 I don't want the record to be imperfect.

11:18:17 Thank you very much.

11:18:17 I need a motion to close.

11:18:19 >> So moved.

11:18:20 >> Before we close, motion by Mr. Suarez, second by

11:18:24 Mrs. Mulhern.

11:18:24 >>JULIA COLE: Legal department.

11:18:27 I note one of the speakers did request that zoning

11:18:31 conditions be placed upon the approval of the vacation

11:18:33 ordinance.

11:18:34 I discussed that with the petitioner, and they have

11:18:36 indicated no objection to that.

11:18:37 So I would ask to include as part of your motion the

11:18:40 inclusion of those conditions if council so chooses to

11:18:43 be placed in the vacation between first and second

11:18:46 reading.

11:18:48 >>CHARLIE MIRANDA: We will do that after we close and

11:18:50 talk about it and make that motion at the proper time.

11:18:53 >>MARTIN SHELBY: For clarification, other than the

11:18:58 good neighbor notice of the notification on the

11:19:01 project.

11:19:03 Okay, thank you.

11:19:04 >>CHARLIE MIRANDA: I think we are all on the right page

11:19:06 now.

11:19:06 I have a motion by Mr. Suarez, second by Mrs. Mulhern

11:19:09 to close.

11:19:10 All in favor?

11:19:11 The Ayes have it unanimously.

11:19:13 Mr. Suarez?

11:19:14 Would you like to come to this first reading?

11:19:17 >> Move an ordinance of the City of Tampa rescinding

11:19:22 repealing ordinance number 2008-160 which vacate,

11:19:28 closed discontinuing a certain right-of-way portion of

11:19:31 1th street south of Whiting Street, north of

11:19:35 Cumberland Avenue, west of Channelside Drive and east

11:19:37 of Meridian Avenue in interstate investment company's

11:19:41 platinum 4, a subdivision located in the City of Tampa,

11:19:44 Hillsborough County, Florida, subject to certain

11:19:46 covenants, conditions and restrictions providing for

11:19:49 repeal of all ordinances in conflict, providing for

11:19:53 severability, providing an effective date.

11:19:56 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez

11:19:58 incorporating the items that were brought up by City

11:20:04 Council attorney Marty and Mr. Cole, seconded by -- do

11:20:09 I have a second?

11:20:10 Second by Mrs. Capin.

11:20:12 Any further discussion by council members?

11:20:14 This is first reading.

11:20:15 All in favor of the motion indicate by saying Aye.

11:20:17 Opposed nay.

11:20:19 The Ayes have it unanimously.

11:20:21 Thank you very much for attending.

11:20:22 Second reading will be --

11:20:24 >>THE CLERK: June 2nd at 9:30 a.m.

11:20:27 >> On item 46 about the public hearing date --

11:20:30 >>CHARLIE MIRANDA: We are going to go now to 46.

11:20:32 >> We could set it for 6-23.

11:20:34 It such short time.

11:20:39 >>CHARLIE MIRANDA: Mr. Reddick had the question.

11:20:42 He stepped out for a little bit.

11:20:44 We can address all of it at one time.

11:20:46 Thank you very much for attending.

11:20:47 Item 48.

11:20:53 It was open for public hearing earlier.

11:20:55 There's a request that said public hearing be removed

11:20:57 from the agenda.

11:20:59 On item 48.

11:21:00 This was set for a 2(COP-X) at 2302 west Columbus

11:21:07 drive, rescheduled from April 21st.

11:21:12 I'm getting a little concerned about the items that I

11:21:14 see being just handled under S-1.

11:21:18 This is being removed just for that reason from an S-2

11:21:22 to S-1.

11:21:23 That means it does not come before this body.

11:21:26 And when you are talking about 2(COP-X) what does that

11:21:30 mean?

11:21:33 >>CATHERINE COYLE: Land development.

11:21:34 This particular application, they opted to convert to

11:21:37 the special use 1 for a special restaurant beer and

11:21:40 wine sales, on-site consumption only.

11:21:43 Under the new rules they are considered a special

11:21:45 restaurant beer and wine.

11:21:47 >>CHARLIE MIRANDA: But that means that they can sell

11:21:49 alcohol without selling anything?

11:21:52 >> No, they have to operate as a restaurant.

11:21:55 >>CHARLIE MIRANDA: At 49-51?

11:21:59 >>CATHERINE COYLE: That's right.

11:22:00 So they have to report.

11:22:01 >>CHARLIE MIRANDA: They have to report.

11:22:02 I'm sorry, Mrs. Capin.

11:22:06 >>YVONNE CAPIN: Ms. Coyle, 4(COP-X)?

11:22:09 >> 2(COP-X) is what they originally asked for.

11:22:14 >>YVONNE CAPIN: And the X, you still have to be a

11:22:15 restaurant?

11:22:16 >> No, that was the old classification.

11:22:19 Under the previous regulation.

11:22:21 This is just restricted to on-site consumption only, no

11:22:24 package sales.

11:22:25 They opted with the new recall to take the special

11:22:27 restaurant designation which does have them reporting.

11:22:32 >>YVONNE CAPIN: Thank you.

11:22:44 >>CHARLIE MIRANDA: All right.

11:22:44 I think I am clear on item 48 now.

11:22:47 Ms. Mulhern.

11:22:47 >>MARY MULHERN: Thank you, Mr. Chair, for bringing

11:22:50 that up.

11:22:51 Because it interesting considering we just changed the

11:22:56 process that someone was asking for, a bar license is

11:23:05 now asking for a restaurant license is basically what

11:23:07 it looks like.

11:23:08 So the changes that are administrative and they no

11:23:13 longer need to come to council, but they switched from

11:23:15 asking for -- is that essentially what's going on here,

11:23:19 2(COP-X) was for not a restaurant, it was just a bar?

11:23:24 Liquor license or beer and wine sales?

11:23:28 >>CATHERINE COYLE: The old classifications that we had

11:23:30 simply had to do with the level of alcohol sales.

11:23:34 2(COP-X) is simply beer and wine sales on premises

11:23:37 restricted for consumption only on premises.

11:23:41 The underlying use wasn't tied to the classification.

11:23:43 It is a restaurant.

11:23:44 It is currently a restaurant on-site.

11:23:46 They simply wanted to sell beer and wine.

11:23:48 They had asked for the X designation through the S-2.

11:23:51 They have now converted to a special restaurant

11:23:53 designation.

11:23:54 So they do have to report under the new rules.

11:23:57 We tied the new rules a little bit more closely with

11:23:59 the underlying use and alcohol sales.

11:24:01 >>MARY MULHERN: But originally they were asking for a

11:24:06 license that was not a restaurant, and now they are?

11:24:10 >>CATHERINE COYLE: Well, they are not asking for a

11:24:11 license.

11:24:12 They are asking for a permit.

11:24:13 Just to clarify.

11:24:14 It's simply a land use permit.

11:24:16 Nothing to do with the license.

11:24:17 >>MARY MULHERN: Well, whatever you want to call it.

11:24:20 They were asking for a special use-2 permit for not for

11:24:27 a restaurant but basically for consumption on premises.

11:24:32 There's no food restrictions that would make it a bar.

11:24:36 >>CATHERINE COYLE: The underlying use in that

11:24:38 application was a restaurant.

11:24:40 >>MARY MULHERN: In laymen's terms.

11:24:41 >> The underlying use within the S-2 application was a

11:24:44 restaurant.

11:24:44 >>MARY MULHERN: Oh, it was?

11:24:46 >> It was.

11:24:46 It still is.

11:24:47 It's a Columbian restaurant.

11:24:51 >>MARY MULHERN: I thought it had an R if eights

11:24:55 restaurant.

11:24:55 >> There's no requirement you have to take the "R"

11:25:00 requirement under the old rules.

11:25:01 >> So the permit was not restricted to a restaurant.

11:25:04 That's what I am getting at.

11:25:09 >>CATHERINE COYLE: The use was restrict to a

11:25:10 restaurant, that's correct.

11:25:11 It just didn't have a reporting requirement.

11:25:13 >>MARY MULHERN: The only enforceable restriction is

11:25:20 the reporting requirement?

11:25:24 They were asking for a permit.

11:25:27 They would not have been required to sell 51% food,

11:25:33 right?

11:25:33 Is that correct?

11:25:35 If it's (COP-X)?

11:25:38 >>CATHERINE COYLE: That is correct.

11:25:40 >>CHARLIE MIRANDA: Mrs. Capin?

11:25:42 >>YVONNE CAPIN: That's exactly what I was going to

11:25:43 reiterate.

11:25:44 For 2(COP-X), would not, even though they were a

11:25:48 restaurant, did not require them to be a restaurant.

11:25:52 In order to sell.

11:25:54 And it has been changed now to SU-1.

11:25:58 And --

11:26:01 >> And it is restricted to a restaurant under the

11:26:04 permitting.

11:26:06 >>YVONNE CAPIN: Under the new permitting.

11:26:07 So they did change it for that.

11:26:15 >>CATHERINE COYLE: Correct.

11:26:17 >>YVONNE CAPIN: Okay.

11:26:18 The X would have been no reporting.

11:26:20 Or no requirement for food.

11:26:23 Thank you.

11:26:24 >>CHARLIE MIRANDA: Let me make two observations here.

11:26:26 First of all, it wasn't the administration that did

11:26:29 this.

11:26:29 It was us that did this.

11:26:30 Am I correct?

11:26:34 >>CATHERINE COYLE: That's correct.

11:26:35 City Council adopts.

11:26:36 >> Let me say another thing.

11:26:40 I believe this is on the corner of Howard and Columbus

11:26:43 drive, the southwest corner.

11:26:49 The great people run a great business.

11:26:52 But when you start giving out X's without an R, and a

11:26:56 location close to -- I am not going to mention any

11:26:59 names -- close to a bar who has create havoc in the

11:27:03 neighborhood, you are asking for more trouble than we

11:27:05 can handle.

11:27:06 I am going to tell you that rate now.

11:27:08 This neighborhood is the borderline which way it's

11:27:13 going to go.

11:27:14 And these are not going to help out long-term.

11:27:19 I'm not speaking for or against this petition.

11:27:21 I'm just telling you what we did in changing it.

11:27:25 S-2 to S-1 by giving up the agenda on alcohol beverage

11:27:29 zoning.

11:27:29 We erred, in my opinion, and I will leave it at that.

11:27:34 >>CATHERINE COYLE: If I may, just to clarify for the

11:27:36 new council members who weren't here for the adoption

11:27:38 of that regulation, there is no more X or R in

11:27:42 classification.

11:27:43 The use itself is tied to the alcohol sales.

11:27:45 They did receive a special restaurant, special use

11:27:49 permit for alcohol sales which does have reporting

11:27:53 requirements for 51% of food sales.

11:27:56 I just wanted to clarify.

11:27:57 There is no more X or R in that type of classification.

11:28:02 >>CHARLIE MIRANDA: What means is that it never comes

11:28:04 here.

11:28:04 We gave up that right.

11:28:05 >> If they agree to conditions that council adopt in

11:28:11 the rules then they get the special use 1 permit.

11:28:16 >>CHARLIE MIRANDA: On 47 there was an oversight and an

11:28:18 ordinance already here, and we need appeal ordinance

11:28:22 number 2008-160.

11:28:25 So do I have to open 47 again?

11:28:30 I don't believe I do because that's repealing something

11:28:33 that's on the books.

11:28:34 So I need a motion from council to repeal ordinance

11:28:40 number 2008-160.

11:28:44 If not we'll have two ordinances on the books on the

11:28:47 same item.

11:28:49 >>YVONNE CAPIN: So moved.

11:28:51 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.

11:28:52 Any discussion by council members?

11:29:00 Asking for clarity, I want to make sure it in the

11:29:02 record.

11:29:02 These all it is.

11:29:03 Motion by Mrs. Capin, second by Mr. Reddick.

11:29:06 All in favor of the motion indicate by saying Aye.

11:29:08 Opposed, nay.

11:29:10 The Ayes have it unanimously.

11:29:11 Thank you very much.

11:29:12 On item 48, this can be removed.

11:29:17 I understand -- I think we understand where we are at.

11:29:20 And I need a motion to remove it from the agenda.

11:29:26 >>MIKE SUAREZ: So moved.

11:29:29 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

11:29:30 All in favor?

11:29:32 The Ayes have it unanimously.

11:29:35 49 has been opened earlier.

11:29:39 We are now on item number 49.

11:30:03 >>CATHERINE COYLE: Land development.

11:30:07 V-11-151 located in unit B, 227, 2223 Westshore

11:30:15 Boulevard, International Plaza, along Bay Street, the

11:30:18 rear of the property.

11:30:23 They are asking for a 4(COP-X).

11:30:25 This is one of the last lingering pieces of the old

11:30:28 designation.

11:30:30 For beer, wine and liquor sales, on-site consumption

11:30:34 only, no package.

11:30:35 There is approximately 1517 square feet indoors and 904

11:30:40 square feet outdoors in the patio area.

11:30:43 This utilizes surface parking and garage parking for

11:30:45 the mall, approximately a little over 6,000 spaces.

11:30:50 You will note the two distance separations waivers,

11:30:53 1,000 feet to zero for other establishments selling

11:30:57 alcohol, and 1,000 feet, 420 feet for institutional

11:31:01 uses.

11:31:02 They are requesting the chapter 3 hours, Monday through

11:31:06 Saturday, 7 a.m. to 3 a.m. and on Sunday 11 a.m. to 3

11:31:10 a.m.

11:31:11 They're there is one change you will note on the

11:31:13 revision sheet.

11:31:14 That can be made between first and second reading.

11:31:17 It's a modification requested to the site plan for

11:31:20 transportation simply adding the occupant load, and

11:31:24 parking table for the for life safety code.

11:31:29 I believe they are ready to submit that upon your

11:31:31 approval between first and second reading.

11:31:33 I noted the conditions for the special use criteria,

11:31:39 pages 2 through 5.

11:31:41 And with that I'm available for any questions.

11:31:47 >>CHARLIE MIRANDA: Thank you very much.

11:31:47 Police department.

11:31:48 >> Officer Donald Miller, City of Tampa police

11:31:51 department.

11:31:51 We have no objections.

11:31:53 >>CHARLIE MIRANDA: Thank you.

11:31:53 Is petitioner here?

11:31:54 >> Good morning.

11:31:58 Anne Pollack, mechanic and Nuccio, 305 South Boulevard.

11:32:03 This is for a retail, tobacco, fine cigar business that

11:32:09 is coming in.

11:32:10 And looking to add the alcohol to their services.

11:32:15 And, again, like all businesses that are in

11:32:18 International Plaza, the landlord works very closely

11:32:22 with them to ensure that there are no problems, and if

11:32:27 they are they are taken care of immediately.

11:32:29 I'm here if you have any questions.

11:32:32 >>CHARLIE MIRANDA: Thank you.

11:32:32 Would anyone in the audience care to speak on item 49

11:32:35 at this time for or against item 49?

11:32:38 I see no one.

11:32:39 I need a motion to close 49.

11:32:41 >>FRANK REDDICK: I have a question.

11:32:51 Ma'am, I just have some reservation about selling

11:32:59 alcohol at 3:00 on Sunday morning which leads into

11:33:02 Monday morning.

11:33:05 Does the place close at 3 a.m.?

11:33:06 >> It's my understanding that, in a, most of the

11:33:09 businesses at International Plaza do not close.

11:33:12 They vary slightly here and there.

11:33:14 Most of them do not close at 3.

11:33:17 It's earlier.

11:33:18 And for the most part they are following the hours of

11:33:22 the mall.

11:33:25 And which I think are much more limited on Sunday.

11:33:31 But because it has not been determined exactly when the

11:33:34 hours will be.

11:33:36 >>FRANK REDDICK: I'm sorry, I got distracted here.

11:33:44 My question really was whether the establishment closes

11:33:49 at 3 a.m., or are they still open?

11:33:53 You say most of the places are still open at

11:33:55 International Plaza at 3 a.m. or close before 3 a.m.?

11:33:58 >> Most of them close before 3.

11:34:00 >> So their hours of operation, the sale of alcohol to

11:34:07 3 a.m.?

11:34:08 >> That's what we are requesting.

11:34:09 At this point it is not exactly known what the exact

11:34:12 hours will be, though they generally follow the hours

11:34:16 that International Plaza has set for most of the

11:34:18 businesses that are in there.

11:34:20 And, again, the landlord, the mall itself, tries to,

11:34:27 you know, ensure that things are consistent throughout.

11:34:33 So I would not expect that they would be open to 3 a.m.

11:34:39 on Sunday morning.

11:34:41 But at this point we don't know the exact hours.

11:34:43 And so that's why this is what we are asking for.

11:34:45 >>FRANK REDDICK: I am familiar with that area.

11:34:52 Are they going to try to mirror what the bars along

11:34:56 that area are going to follow?

11:34:58 I'm not sure what the hours are for, let's say, Blue

11:35:01 Martini.

11:35:02 >> That's what I would imagine, is what they will be

11:35:05 doing.

11:35:06 >> The folks that sell the cigars outside of Starbuck's

11:35:11 currently, are they part of that ownership or is that a

11:35:14 different group?

11:35:14 >> I don't know.

11:35:16 But it will be taking over where the Starbuck's was,

11:35:18 and really, their goal is to be a high-end business

11:35:24 where people who are cigar aficionados can store their

11:35:29 cigars there and, you know, I guess have a drink while

11:35:32 they have a smoke.

11:35:33 >> Thank you.

11:35:36 >>CHARLIE MIRANDA: Anyone else?

11:35:37 Let me make a statement.

11:35:38 Here again, it was never written into law, it was

11:35:44 council's rule at one time that we had -- and we

11:35:48 changed those.

11:35:49 We open them up to 3:00 in the morning.

11:35:51 We had a rules that we went by.

11:35:55 Some of us liked it.

11:35:56 Some of us didn't.

11:35:57 And that changed about a year and a half ago or

11:36:00 something like that are.

11:36:01 And I think it changed on a 4-3 vote as I recall.

11:36:06 I may be a vote or two shy.

11:36:08 And that's why now everything comes to us, because they

11:36:12 have the opportunity to do so.

11:36:14 And I am not talking about this petition.

11:36:15 Believe me, I'm not.

11:36:16 I'm talking in general.

11:36:18 That's why now when you come and see the agenda, all of

11:36:21 them say 3:00.

11:36:22 In the beginning they knew that even though Florida

11:36:25 statute it was a rule that we would look at and say,

11:36:28 okay, these are going to open to 10, 12, 1, depending

11:36:33 on how close you were to neighborhoods, so the dilemma

11:36:36 we did ourselves, and Mr. Shelby, you can address that

11:36:40 if you like.

11:36:41 Maybe I'm a little off base but I think that was the

11:36:44 general tone.

11:36:45 >>MARTIN SHELBY: The hours of operation, Mr. Chairman,

11:36:50 are within your purview and that is set by code.

11:36:53 And if council as a public policy issue wishes to

11:36:55 address those issues, the way to address that is by

11:36:58 reviewing your code and making any changes that would

11:37:00 address your policy concerns.

11:37:03 >>CHARLIE MIRANDA: Thank you.

11:37:04 Anyone else?

11:37:05 >>FRANK REDDICK: Mr. Chairman, I would like to look at

11:37:12 reviewing the policies for policy change, because I

11:37:16 just think establishing a business stay open till 3:00

11:37:20 in the morning, after 12, anyway, so if they are out

11:37:27 till 3:00 in the morning, Blue Martini closes at 12 or

11:37:31 1, and the people who still want to go out and smoke a

11:37:34 cigar go out and have more drinks, they can move on to

11:37:36 this facility.

11:37:37 And so I would hope we would take a look at this, the

11:37:45 hours of operation.

11:37:46 >>CHARLIE MIRANDA: Let me say this.

11:37:47 I think Mrs. Capin asked for an alcohol review coming

11:37:50 up workshop coming up in the next two or three weeks.

11:37:56 And we can address that at that time.

11:37:58 I appreciate the concern and your consideration very

11:38:00 much.

11:38:01 Anyone else?

11:38:04 Okay.

11:38:07 I'm here on item 49.

11:38:12 I need to close that.

11:38:13 >> Motion to close.

11:38:15 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by

11:38:17 Mr. Suarez to close.

11:38:19 All in favor?

11:38:20 >> I'm sorry, I didn't hear you say public hearing.

11:38:24 >>CHARLIE MIRANDA: I said it once.

11:38:26 But you are under the wire.

11:38:29 That's the second time.

11:38:29 Go on.

11:38:30 Speaking to the city attorney, he doesn't vote.

11:38:32 We do.

11:38:34 I saw all of that.

11:38:35 I knew you were going to come up and I love it.

11:38:38 [ Laughter ]

11:38:40 >> Marilyn Smith: I thought we had a clean air act.

11:38:45 I thought we weren't supposed to be smoking cigars out

11:38:48 there.

11:38:48 What about that?

11:38:49 I got nothing against cigars.

11:38:51 But either we have a nonsmoking ordinance here.

11:38:58 Do you understand where I am going?

11:38:59 >> The reason I'm asking is because they already smoke

11:39:02 right outside of that, under that coffee shop.

11:39:05 And Starbuck's.

11:39:07 I mean, I have been up and down there many times for

11:39:09 lunch, and people are already smoking cigars out there.

11:39:12 So obviously that would have happened before I was on

11:39:15 council.

11:39:15 So I'm not sure, if your question can be answered by --

11:39:20 if there is ordinance already for clean air in that

11:39:23 particular area.

11:39:23 >> Well, let me just put it this way.

11:39:27 Thank you for your interpretation, Mike.

11:39:34 When there are larger municipalities, metropolitan

11:39:37 area, seeking -- and if they are big enough they will

11:39:41 do it -- to stop any outdoor smoking.

11:39:43 You know, we are talking big cities that are doing it.

11:39:50 We are talking New York.

11:39:52 That's a big city

11:39:54 And these guys are kind of put their cigars out there,

11:39:59 and that's wonderful if that's what they want to do,

11:40:01 but smoking, and you walk through that smoke to get to

11:40:04 a dinner restaurant, it's not exactly clean air.

11:40:08 Okay?

11:40:09 Thank you.

11:40:12 >>CHARLIE MIRANDA: Thank you very much.

11:40:12 All right.

11:40:13 I have a motion on the floor.

11:40:16 Any further questioning before I move to close?

11:40:24 >>MARY MULHERN: Are we allowing the smoking outdoors?

11:40:27 This is a special use alcohol permit.

11:40:28 >> Anne Pollack.

11:40:34 I just want to state that they will be getting a

11:40:36 special bar permit through the state which allows for

11:40:39 stand-alone business like this to have smoking within

11:40:43 the business.

11:40:45 And, again, I keep emphasizing this about the landlord.

11:40:50 But the landlord of International Plaza is very strict

11:40:53 about keeping up the quality of what happens there.

11:40:57 And as part of the lease that they have with this

11:41:00 business, they have very strict requirements about

11:41:06 smoke that interferes with -- bothers pedestrians or

11:41:12 other people at the mall, and to be able to take care

11:41:15 of that immediately or risk losing their lease.

11:41:21 >>MARY MULHERN: What does that mean?

11:41:23 What is like Mrs. Smith's' recourse if she want to

11:41:27 question allowing smoking outside there?

11:41:30 >> Well, what I would recommend is her talking -- based

11:41:33 on my understanding of how the business is going to be

11:41:35 run, is to speak with somebody at the mall, and then

11:41:40 their plan is to immediately take care of that, for the

11:41:44 landlord to immediately deal with the tenant, if she

11:41:47 doesn't directly speak with the business owner

11:41:49 themselves.

11:41:51 But that is their goal, because this is their first

11:41:53 sort of smoking business to come in, and they don't

11:41:56 want it to foul up what they already have there.

11:41:59 >>MARY MULHERN: Is there anything -- maybe this is for

11:42:04 our attorney.

11:42:05 Is there anything in our agreeing to this special use

11:42:11 permit that would further allow that?

11:42:16 Or --

11:42:19 >> Would you repeat the question, please?

11:42:20 >>MARY MULHERN: I want to know if we were to approve

11:42:23 this special use permit for alcohol, how does that

11:42:26 affect smoking there?

11:42:28 >>REBECCA KERT: What you are approving here is a

11:42:31 request for alcohol related to a retail tobacco shop.

11:42:38 What you are actually approving, though, is the

11:42:41 alcohol.

11:42:41 You are not approving the underlying tobacco shop which

11:42:43 is already a related use.

11:42:45 So any conditions you place has to be directly related

11:42:48 to any impact from the alcohol, not from the underlying

11:42:51 use.

11:42:51 >>MARY MULHERN: And that isn't part of our purview

11:42:57 here.

11:42:57 Did we approve the alcohol use?

11:42:59 We didn't do that -- I mean, I'm sorry, the tobacco

11:43:03 use?

11:43:05 >> The tobacco use is an underlying legal use.

11:43:08 >>MARY MULHERN: The tobacco use is an underlying legal

11:43:11 use if we give them this?

11:43:13 Or they already have it?

11:43:14 >> They already have the allowable -- they already have

11:43:17 the ability to have that use, whether or not you grant

11:43:19 alcohol.

11:43:19 So what is really here before you is alcohol, and any

11:43:23 conditions you apply need to be directly related to

11:43:25 that.

11:43:30 Any provisions or provisions contained within the state

11:43:33 act.

11:43:33 >>MARY MULHERN: So the current zoning is not -- the

11:43:40 current zoning already allows for tobacco use in.

11:43:44 >> Retail tobacco shop, yes.

11:43:46 And the use of the tobacco as far as the smoking is

11:43:48 what's regulated by state statute.

11:43:50 >>MARY MULHERN: Did we as a council approve that?

11:43:54 Tobacco use?

11:43:56 >>REBECCA KERT: No.

11:43:57 Are you asking about smoking or are you asking about

11:43:59 the retail tobacco?

11:44:02 >>MARY MULHERN: I'm talking --

11:44:03 >>REBECCA KERT: In your zoning code, whether or not

11:44:06 people are allowed to smoke is allowed under state or

11:44:09 not allowed under state law.

11:44:10 >>MARY MULHERN: Right.

11:44:11 But did we as a council approve that usage as tobacco

11:44:17 sales?

11:44:19 >>REBECCA KERT: I believe it's allowable under

11:44:21 whatever the zoning is, but I would have to have the

11:44:24 zoning administrator say what exactly is allowable and

11:44:27 how the underlying zoning came to be.

11:44:30 >>MARY MULHERN: How does that come to be.

11:44:32 You answered my question.

11:44:33 >>CATHERINE COYLE: Zoning administrator.

11:44:38 The International Plaza site is a PDA, planned

11:44:41 developmental tern tiff, a proved in 1995 by City

11:44:43 Council, with a broad range of uses from office,

11:44:47 restaurant, large, small shopping center.

11:44:49 Just as an aside, there is no use prohibited or

11:44:54 regulated for smoking or retail sales of tobacco.

11:44:59 It is just captured under retail sales within the

11:45:02 zoning code.

11:45:03 We have never actually regulated a separate tobacco,

11:45:08 smoking or sales use.

11:45:11 We have gasoline sales retail, convenience sales

11:45:14 retail, tobacco, grocery stores.

11:45:19 As you see tobacco is sold in those locations.

11:45:22 >>MARY MULHERN: So is there something we could do?

11:45:25 >>CATHERINE COYLE: I think that's something to research

11:45:27 legally because tobacco shops are licensed by the

11:45:29 state, and as Mrs. Kert mentioned, the clean air act is

11:45:34 a state law so we have to research whether or not we

11:45:36 can do that.

11:45:38 >>CHARLIE MIRANDA: Mr. Suarez and Mrs. Capin.

11:45:40 >>MIKE SUAREZ: My question was answered, thank you.

11:45:44 >>YVONNE CAPIN: The state statute would be the first,

11:45:49 or -- we could not -- we could not change anything.

11:45:57 That's the state law or state statute.

11:46:01 In the city, that would proceed or be first place --

11:46:10 >>REBECCA KERT: Legal department.

11:46:12 At the current moment, the state law is the only law

11:46:16 where you can and cannot smoke.

11:46:19 If council wanted as a separate issue after this

11:46:21 hearing to la into to what extent we allow in that

11:46:27 area, I'm aware of what the statute is generally but

11:46:31 have not looked at to what is preempted in that area.

11:46:34 >>CHARLIE MIRANDA: Any further discussion?

11:46:35 I have a motion to close earlier.

11:46:39 I forgot who did the motion, but I think I remember

11:46:42 Mrs. Montelione, seconded by -- who was the second?

11:46:46 Mr. Suarez.

11:46:46 I want to give full credit.

11:46:48 All in favor of the motion please indicate by saying

11:46:50 Aye.

11:46:50 Opposed, nay.

11:46:52 The Ayes have it unanimously.

11:46:57 One objection.

11:46:57 Passes 6-1.

11:46:59 Mr. Reddick, no.

11:47:00 >>MARTIN SHELBY: That was a motion to close, sir.

11:47:04 >>CHARLIE MIRANDA: Motion to close.

11:47:05 >>FRANK REDDICK: Oh.

11:47:07 >>CHARLIE MIRANDA: Yes.

11:47:07 Mrs. Montelione.

11:47:08 >>LISA MONTELIONE: I move an ordinance approving a

11:47:12 special use permit for alcoholic beverage sales, small

11:47:15 venue making lawful the sale of beverages regardless of

11:47:18 alcoholic content beer wine and liquor 4(COP-X) for

11:47:22 consumption on premises only at or from that certain

11:47:26 lot plot or tract of land located at 2223 North

11:47:30 Westshore Boulevard, unit 227, Tampa City Council as

11:47:34 more particularly described in section 2 hereof

11:47:37 providing for repeal of all ordinances in conflict,

11:47:40 providing an effective date, noting the revisions

11:47:46 provided to us in the 11 -- V-11- 51 revision sheet.

11:47:55 >>CHARLIE MIRANDA: Second by Mr. Suarez.

11:47:56 This is a -- all in favor of the motion indicate by

11:48:00 saying Aye

11:48:03 This is second reading or first?

11:48:05 First.

11:48:05 Opposed, nay.

11:48:08 Motion passes 6-1, Mr. Reddick nay.

11:48:10 >>THE CLERK: Second reading of the ordinance will be

11:48:13 held June 2nd at 9:30 a.m.

11:48:16 >>CHARLIE MIRANDA: All right.

11:48:16 Item number 50 was also a misnotice.

11:48:19 When we go to this we will go to the on the misnotice

11:48:22 on 46.

11:48:23 Item 50h cannot be heard due to a misnotice, as I

11:48:26 was told.

11:48:28 And the land coordination development would like to set

11:48:32 it for June 23rd at 10:30 in the morning.

11:48:34 Am I correct?

11:48:38 >>CATHERINE COYLE: Yes, it has been set for June

11:48:40 23rd.

11:48:43 >>CHARLIE MIRANDA: Anyone in the audience that would

11:48:44 like to speak on item number 50?

11:48:45 I need a motion to move this to June 23rd.

11:48:49 Already done?

11:48:50 All right.

11:48:50 It done.

11:48:51 Item 50 is taken off the agenda, brought back on the

11:48:54 23rd.

11:48:55 We go to 46, I believe.

11:48:58 We can take care of that one.

11:49:00 We have one more after that.

11:49:03 46.

11:49:04 >>BARBARA LYNCH: Land Development Coordination.

11:49:06 We could move that public hearing to 6-23.

11:49:09 However, that only gives the applicant like four days

11:49:12 to do the notice.

11:49:13 It would have to be done by 5-22 and that's yes went

11:49:16 within the 7-14 date.

11:49:18 But he could go to 6-23.

11:49:19 >>FRANK REDDICK: You say only how many days?

11:49:23 >> It would give him about four.

11:49:24 Their notice would have to be completed by 5-22 which

11:49:27 is next Tuesday.

11:49:28 >>FRANK REDDICK: If the applicant is willing to go

11:49:33 with the original date of the 14th.

11:49:34 >> Do you want to go with the 14th?

11:49:37 >> You already spoke with the applicant?

11:49:38 >> I didn't have a chance to.

11:49:40 I didn't call him.

11:49:41 We could go with 6-23 and it's just can he get it done?

11:49:47 It's just a short window of opportunity.

11:49:48 But if you want 6-23 we can go with it.

11:49:56 At 10:30 a.m.

11:49:57 >>CHARLIE MIRANDA: All right.

11:49:57 >>MARTIN SHELBY: If I can, just to bring to council's

11:50:01 attention with the statutory requirement of notice.

11:50:03 If he misses that date, he will miss the 23rd of

11:50:06 June.

11:50:08 If he cannot get it out in those several days.

11:50:10 So it puts a strain under him if he should miss that

11:50:14 date, he would not be legally able to come back on June

11:50:17 23rd which would therefore require it to shall

11:50:19 reset and he would have to do another 30-day out.

11:50:22 So --

11:50:24 >>CHARLIE MIRANDA: If he has to wait another 30 out

11:50:26 he's going to miss July 14th.

11:50:28 >>BARBARA LYNCH: Yes.

11:50:31 The 23rd they would have some time to have do the

11:50:33 notice.

11:50:34 >>FRANK REDDICK: Let's keep it the 14th.

11:50:41 >>CHARLIE MIRANDA: Anyone here in the public to object

11:50:43 to this being heard on the 14th?

11:50:44 I have a motion by Mr. Cohen, second by Mr. Reddick for

11:50:47 the 14th.

11:50:48 All in favor of the motion please indicate by saying

11:50:50 Aye.

11:50:50 The ayes have it unanimously.

11:50:53 Item 51.

11:50:56 Item 51 was opened earlier.

11:50:58 >> Case V-11-188 at 18002 Howard parkway in the New

11:51:11 Tampa area.

11:51:14 On the west side of Bruce B. Downs.

11:51:15 It is the Muvico cineplex asking only for beer and wine

11:51:25 sales for consumption on premises.

11:51:31 There's one site plan modification that is needed.

11:51:35 The hours on Sunday.

11:51:36 They noted a 9:30 start time.

11:51:39 Code does require sales cannot start before 1 a.m. so

11:51:42 that does need to be changed between first and second

11:51:45 reading and I have spoken to the applicant about that.

11:51:47 There are two waivers on the first page for distance

11:51:49 separation criteria.

11:51:50 You will note that the residential units, you can see

11:51:57 them in the surrounding areas, the apartment complex.

11:52:01 There are also other alcoholic beverage establishments,

11:52:04 662 feet away which are all the way along Bruce B.

11:52:08 Downs.

11:52:12 You will note on pages 2 through 5, the conditions for

11:52:15 the special use regulations for you to consider, and

11:52:19 with that only the one minor correction would be that

11:52:22 we had in a other objections.

11:52:24 >>CHARLIE MIRANDA: That would be done between first and

11:52:26 second reading.

11:52:27 >> Officer Don Miller, City of Tampa police department.

11:52:32 We have no objections.

11:52:34 >>CHARLIE MIRANDA: Petitioner?

11:52:34 >> Grace Yang, Gray Robinson Law Firm, 201 North

11:52:39 Franklin Street, suite 2200, Tampa, Florida, have been

11:52:44 sworn, here on behalf of the applicant. As Ms. Coyle

11:52:46 mentioned this is for the Muvico movie theater beer and

11:52:50 wine for on-premise consumption only.

11:52:53 With me in the audience is John Andel, the regional

11:52:56 managing director for Muvico.

11:52:58 We are both here available to answer any questions.

11:52:59 I did send a letter to council members on May 16th

11:53:03 that I hope to give you some additional information and

11:53:06 details about this request.

11:53:08 If you have any questions about that, let me know.

11:53:11 I also did hear from Sarabella, the president of the

11:53:21 West Meadows Homeowners Association, and he did not

11:53:21 think his association had any concerns.

11:53:23 My understanding is that he is now an immediate past

11:53:26 president of the West Meadows homeowners association.

11:53:30 I did not hear anything more from the new president of

11:53:32 the homeowners association.

11:53:34 I am unaware of any other concerns at this time.

11:53:37 The employees have successfully completed their

11:53:41 responsible alcohol vendor training as of last month.

11:53:51 Petitioner requests approval.

11:53:52 >>CHARLIE MIRANDA: Is there anyone in the audience to

11:53:53 speak for or against this petition?

11:53:55 I need a motion to close.

11:53:56 >> I have one question for Ms. Coyle.

11:54:03 The hours of operation for the sale of the beer, wine,

11:54:08 and mentioned at the 2:30 a.m., that's going to have to

11:54:11 be changed, correct?

11:54:14 My question is that that's just essentially a range of

11:54:21 hours that they have to have, meaning 11 a.m. to

11:54:24 11 p.m. for this type of use, or because I find it

11:54:27 strange that you would be serving alcohol at 11 a.m. on

11:54:30 a Monday through Thursday, even actually on a Saturday

11:54:33 morning.

11:54:33 So what is the use of this in terms of the alcohol?

11:54:41 >>CATHERINE COYLE: We can discuss that further next

11:54:42 week during the workshop.

11:54:43 Chapter 3, alcoholic beverages, actually states the

11:54:46 allowable sales hours within the city limits.

11:54:49 And they are Monday through Saturday, 7 a.m. to 3 a.m.,

11:54:54 Sunday 1 a.m. to 3 a.m.

11:54:55 That is the uniform across the board allowable sales

11:54:58 hours within the city limits.

11:55:00 There are a couple of exceptions to that including

11:55:03 Tampa International Airport for the hangars, as well as

11:55:07 hotels, motels, retail establishments such as grocery

11:55:11 stores, convenience stores.

11:55:12 They are exempt from that requirement because they can

11:55:16 typically be a 24 hour sale for normal goods.

11:55:19 Alcohol sales in establishments do stop, they cease at

11:55:23 3 a.m.

11:55:24 >> The reason I was asking the question, of course,

11:55:30 Muvico movie theater is a little different than other

11:55:33 types of uses, especially with the number of children

11:55:35 that are there, and I have been to Muvico where they do

11:55:38 serve alcohol and not had any problems in terms of

11:55:41 seeing children drinking or anything, but at the same

11:55:42 time, I'm a little bit -- I would like to figure out

11:55:46 maybe in the workshop next week.

11:55:48 So thank you for answering my question.

11:55:50 I appreciate it.

11:55:52 >>CHARLIE MIRANDA: Let me ask a question, Cathy.

11:55:56 On the Muvico operation, is there a site plan for the

11:56:00 location and the hours and all that of operation and so

11:56:04 forth?

11:56:04 >> Yes.

11:56:05 The site plan --

11:56:06 >> Is it on the site plan, the hours?

11:56:08 >> Yes.

11:56:09 >>CHARLIE MIRANDA: You said earlier they are going to

11:56:10 be amended between first and second reading?

11:56:12 Is that correct?

11:56:15 >>CATHERINE COYLE: Yes.

11:56:16 >>CHARLIE MIRANDA: Thank you very much.

11:56:17 That will be corrected.

11:56:19 >>MARY MULHERN: Corrected to what?

11:56:22 Can you toll us what they will be?

11:56:24 >> Yes.

11:56:25 I did have conversations with Kathy, Curt, as well as

11:56:28 clients to confirm that before second reading we will

11:56:31 amend the site plan to note that on Sundays, no earlier

11:56:34 than an 11 a.m. start time.

11:56:36 And also just to clarify, that some of the hours on

11:56:41 weekdays, for example, the theater might be open for a

11:56:46 longer period of time than the actual hours of sale for

11:56:50 the alcohol.

11:56:50 So the concession area where the beer and wine will be

11:56:55 sold may close down by 11 p.m. on a Wednesday night,

11:56:58 for example.

11:56:59 But there might be a movie that's going to run and

11:57:02 conclude at midnight.

11:57:03 So if you look at the letter on May 16th, it

11:57:09 summarizes the hours of sale for the alcohol uses, the

11:57:13 alcohol, beer and wine use, but those are going to be a

11:57:17 little more restrictive than the overall theater hours.

11:57:20 The theater might not let out for a movie until past

11:57:24 midnight but the concession area are where beer and

11:57:28 wine is sold will shut down.

11:57:29 >>MARY MULHERN: What are the hours?

11:57:32 >> Grace Yang: Those hours are -- let me check

11:57:35 again -- Monday through Thursday, 10:30 a.m. to 11 p.m.

11:57:48 Fridays and Saturdays, 10:30 a.m. to 1:00 a.m.

11:57:51 And Sundays 11 a.m. to 11 p.m.

11:57:54 >>MARY MULHERN: I don't think I have -- I probably

11:58:01 have and not noticed it -- but at these theaters where

11:58:04 you can buy bare and wine, you can take that into the

11:58:07 theater with you?

11:58:10 >> Yes.

11:58:11 >>MARY MULHERN: To your seat?

11:58:12 >> Yes.

11:58:13 Yes.

11:58:14 You would be banded.

11:58:16 You would have a special wristband.

11:58:18 There would be an ultraviolet stamp on your hands at

11:58:21 the age verification point.

11:58:23 And then the alcohol would be in specially marked cups.

11:58:26 >>MARY MULHERN: And the seating isn't restricted about

11:58:29 where adults with alcohol can sit, and where children

11:58:35 can?

11:58:35 I never thought about this before so I'm asking these

11:58:38 questions.

11:58:38 >> Right.

11:58:41 There's been plans to restrict because you want to

11:58:42 allow, if there's guardians, parents, adults there with

11:58:48 minors, you want them to be able to sit together.

11:58:52 So there's no intention to separate so that there's an

11:58:55 alcohol consumption area inside a theater where another

11:59:01 area it's not.

11:59:04 >>CHARLIE MIRANDA: Ms. Capin and then Mr. Suarez.

11:59:06 >> She brought up a point.

11:59:12 I may be mistaken, but in Ybor City they do have

11:59:15 restriction in terms of 21 or older in certain

11:59:17 theaters.

11:59:18 I am not sure about the alcohol sales, whether or not

11:59:20 it's similar to your plan, or if it is restricted to

11:59:23 those people who are 21 and older.

11:59:27 Have you all ever thought of that in terms of, you

11:59:29 know, being able to, in a dark that's right, being able

11:59:33 to hand alcohol to someone who is underage?

11:59:38 >> Well, it's definitely a concern.

11:59:40 And that's why there are going to be spot checks during

11:59:42 the showing of the movies, before, middle and end, so

11:59:45 that the people, the ushers who are inside the movie

11:59:49 theaters are going to be able to tell by how the cups

11:59:51 are marked whether it's an alcoholic beverage or not.

11:59:54 Whether there's beer and wine in there or whether it's

11:59:56 a soft drink, for example.

11:59:58 So we certainly hope that no one in any sort of a

12:00:03 business would purchase an alcohol and then hand it off

12:00:06 to somebody else.

12:00:08 The movie theater is going to do what county using the

12:00:10 ushers, using the supervision in the theaters during

12:00:13 the movie showing, before the movie showing as well to

12:00:17 make sure that it's not done.

12:00:19 But it is definitely an issue.

12:00:23 We certainly hope as with any other business that in a

12:00:26 one would purchase the alcohol and then hand it over to

12:00:28 a minor.

12:00:30 >> If I am at a restaurant with my children, people

12:00:34 know if I am handing a beer to my son, whereas in the

12:00:37 theater they are not going to know whether or not I am

12:00:39 handing it over to some other minor, and that's really

12:00:43 my biggest concern.

12:00:44 Because if it's not separated in some way because of

12:00:47 the nature of the business is different than other

12:00:49 businesses, you know, that may be something to look at.

12:00:53 And I'm glad that you are looking at other types of

12:00:55 controls.

12:00:58 And it does sound like a fairly good plan.

12:01:00 Are the ushers going to be also trained and

12:01:03 responsible, or going to be trained and responsible

12:01:07 vendor?

12:01:09 >> Yes.

12:01:12 They were all trained, and completed a program

12:01:14 successfully last month.

12:01:16 And any new hires will go through the same type of

12:01:20 responsible alcohol vendor training.

12:01:21 >> Are the ushers required to be of drinking age?

12:01:25 >> I think they are 18 and over?

12:01:27 Is that correct?

12:01:32 >>CHARLIE MIRANDA: I'm sorry, if you are going to speak

12:01:33 you have to speak to a mike.

12:01:35 But I have to hold this for a minute.

12:01:37 It's my fault.

12:01:37 We have gone over 12:00.

12:01:39 I need a motion super majority of 5-2 vote to pass this

12:01:42 so we can continue so the record will be indisputable.

12:01:45 >> So moved.

12:01:47 >> Motion by Mrs. Mulhern, second by Mr. Cohen.

12:01:49 All in favor of the motion please indicate by saying

12:01:51 Aye.

12:01:52 The Ayes have it Nam.

12:01:53 Proceed.

12:01:54 >> Grace Yang: I do know the people who will be

12:01:57 serving the beer and wine at the concession area

12:02:01 outside, those individuals are 21 and over.

12:02:03 I do need some clarification from the client about

12:02:05 the --

12:02:08 >>CHARLIE MIRANDA: Come and speak to the mike.

12:02:09 >> Yes.

12:02:16 John Andel.

12:02:19 Muvico theaters.

12:02:20 >> Your address.

12:02:22 >> 8801 Hunters Lake Drive, Tampa, Florida 33647.

12:02:28 And we do have ushers who are minors who work there,

12:02:31 but as far as the alcohol checks and theater checks, we

12:02:35 were going to designate those positions specifically to

12:02:37 those 18 years and older.

12:02:40 And then, also, in Ybor City, we do the same thing.

12:02:45 We are not segregated in Ybor City right now.

12:02:48 People 6:00 take drinks into any auditorium now.

12:02:50 We are not segregating 21 and over.

12:02:53 >> You were clarifying that because I couldn't remember

12:02:55 if Muvico was the one.

12:02:58 I don't want to make a comment about a competitor if it

12:03:02 was not your theater so I wasn't sure if Muvico was

12:03:05 running Ybor City or not.

12:03:08 I appreciate that.

12:03:10 The clarification on that.

12:03:12 Thank you.

12:03:14 >>CHARLIE MIRANDA: Ms. Capin?

12:03:15 Anyone else?

12:03:15 >>LISA MONTELIONE: I just want to -- and I believe

12:03:21 Councilwoman Mulhern mentioned this, but I just want to

12:03:24 make sure that the hours of operation on the site plan

12:03:28 state now Monday through Saturday, 8 a.m. to 3 a.m., on

12:03:32 Sunday 9:30 a.m. to 3 a.m., and that bullet point in

12:03:39 the site data table will be changed to reflect the

12:03:42 proper hours and not just referenced in the letter.

12:03:46 So all of the hours, the Monday through Saturday,

12:03:49 8 a.m. to 3 a.m., is, I believe, the hours of operation

12:03:54 of this theater, not of the alcoholic beverage sales.

12:03:58 So we need to have -- and, you know, in order for it to

12:04:02 be enforceable it has to be on the site plan for the

12:04:05 alcoholic beverage sales.

12:04:07 So if we can have that on -- is that not correct?

12:04:12 >>CATHERINE COYLE: No, ma'am.

12:04:12 Land development.

12:04:13 The way that it works with alcohol, unless you are an

12:04:16 exempted use, as retail establishments, unless you are

12:04:20 an exempted use, the hours that are set for alcohol

12:04:22 sales, also, automatically become the hours of

12:04:26 operation.

12:04:27 What they are telling you, because movie theaters are

12:04:29 not an exempt use, if you set a restricted alcohol

12:04:32 sales hour as 11 p.m. or whatever was in the letter,

12:04:37 the theater must close at that time you can have in a

12:04:40 operations past that time.

12:04:42 She is asking for the broad range of the chapter 3

12:04:45 hours that are adopted in the code to cover the hours

12:04:48 of the theater as well.

12:04:49 >>MARY MULHERN: So you are asking to be open till

12:04:57 3 a.m.?

12:05:00 >> For certain nights for the movie theater, not for

12:05:03 the concession area where the beer and wine is going to

12:05:06 be sold.

12:05:07 But there are movies that are midnight showings of

12:05:11 movies, and if you have a midnight showing of a movie,

12:05:13 it might not finish until 2:00 or 2:15, and so the

12:05:18 movie theater does need to maintain the flexibility to

12:05:21 be able to keep its doors open for a broader period of

12:05:26 time.

12:05:28 >>MARY MULHERN: I understand that.

12:05:29 I guess my problem is with our process.

12:05:32 Why can't we limit the hours of alcohol sales?

12:05:38 >>CATHERINE COYLE: Land development.

12:05:38 It is the way the code is drafted, and which is

12:05:40 something that we can certainly look at next week in

12:05:43 that workshop discussing the way chapter 3 is written.

12:05:45 It's been written that way for over a decade-plus.

12:05:48 It is simply that -- in past conversations, people have

12:05:53 come forward and asked council --

12:05:55 >>MARY MULHERN: We can amend that rule.

12:05:58 >> Like Denny's, for example, 24 hour diner, they do

12:06:02 not sell alcohol in the city limits because they stay

12:06:03 open 24 hours.

12:06:04 I know in the past, though, there have been issues

12:06:09 concerning --

12:06:10 >>MARY MULHERN: Before we change the most recent

12:06:15 changes, when we set limitations on hours, hours of

12:06:20 operation for the entire business, so this de they did

12:06:22 have to close at a certain hour?

12:06:27 >>CATHERINE COYLE: That's correct.

12:06:27 The hours of sales that you set for special restaurants

12:06:30 in the previously -- most recently adopted amendment,

12:06:34 special restaurants have to close at 11 p.m.

12:06:37 Sunday through Wednesday.

12:06:38 The business shuts down at 11 p.m.

12:06:41 Not just alcohol sales.

12:06:43 The business closes.

12:06:46 That's how the alcohol regulation of chapter 3 is

12:06:48 drafted.

12:06:49 It's purely for enforcement.

12:06:51 That's why just as an example, TPD knows if a business

12:06:55 stops selling at 3 a.m., the business closes at 3 a.m.

12:06:59 Unless it's a convenience store or grocery store or

12:07:02 hotel.

12:07:02 >>MARY MULHERN: Okay.

12:07:06 This doesn't relate --

12:07:09 >>CATHERINE COYLE: They are code-drafted exceptions.

12:07:12 >>MARY MULHERN: Another thing we are going to have to

12:07:14 deal with at our workshop, I think.

12:07:16 So hopefully we'll keep that in mind.

12:07:18 That's another discussion we should be having at the

12:07:22 alcoholic beverage workshop.

12:07:24 Thank you.

12:07:24 >>LISA MONTELIONE: I'm sorry for the confusion.

12:07:29 Does that preclude us from requesting the hours of

12:07:32 alcohol sales be stated on the site plan?

12:07:37 >>CATHERINE COYLE: Whatever you tie for alcohol sales

12:07:39 plans the business shuts its doors at the exact same

12:07:42 time.

12:07:43 >> So the answer is yes.

12:07:45 >>CATHERINE COYLE: Yes.

12:07:51 >>CHARLIE MIRANDA: All right.

12:07:52 Any further discussion?

12:07:56 Need a motion to close.

12:07:59 Anyone in the audience care to speak on this subject

12:08:01 matter?

12:08:01 I have a motion to close by Mr. Suarez, second by Ms.

12:08:05 Mulhern.

12:08:06 All in favor of the motion please indicate by saying

12:08:08 Aye.

12:08:08 Opposed, nay.

12:08:09 What's the pleasure of council?

12:08:23 Well?

12:08:27 I'm not in no rush.

12:08:28 >>MARY MULHERN: Since we seem to have in a rush to go

12:08:34 to lunch, I guess, let me ask, miss Yang, some more

12:08:40 questions.

12:08:41 >>CHARLIE MIRANDA: Well, we have to open the meeting.

12:08:43 >>MARY MULHERN: Okay.

12:08:44 Move to reopen.

12:08:45 >>CHARLIE MIRANDA: A motion to reopen by Mrs. Mulhern.

12:08:47 >>MARY MULHERN: I'll make it quick.

12:08:51 >>CHARLIE MIRANDA: Second by Mrs. Montelione.

12:08:52 All in favor?

12:08:53 The Ayes have it unanimously.

12:08:54 >>MARY MULHERN: Miss Yang, if you have a midnight

12:08:58 movie, what nights do you do that on?

12:09:01 >> Oh, well, they have a midnight showing of priorities

12:09:05 of the Caribbean tonight, for example.

12:09:08 >>MARY MULHERN: It's like if it's only on weekends?

12:09:13 >> I think a lot of that is driven by particular movie

12:09:16 premiers.

12:09:17 I know in the past -- priorities of the Caribbean, they

12:09:20 have a midnight showing tonight.

12:09:21 That's going to run -- okay, it just depends on when

12:09:25 the movie runs out.

12:09:26 >> Right.

12:09:28 I think twilight, vampire movie, they have midnight

12:09:31 showings.

12:09:31 It just depends on the particular movie.

12:09:33 Not all movies would have a midnight show.

12:09:35 >>MARY MULHERN: So we can't tie the use to anything

12:09:39 like that.

12:09:42 Okay.

12:09:42 Thank you.

12:09:43 Move to close.

12:09:43 >> Second.

12:09:47 >>CHARLIE MIRANDA: Anyone else?

12:09:47 I have a motion to close by Mrs. Mulhern, second by Mr.

12:09:51 Suarez.

12:09:52 Discussion by council members?

12:09:53 All in favor of the motion please indicate by saying

12:09:55 Aye.

12:09:56 Opposed, nay.

12:09:57 The Ayes have it unanimously.

12:09:58 >>MARY MULHERN: I move to adopt this ordinance.

12:10:12 And understanding that the hours are problematic.

12:10:21 However, I trust that a movie theater is not going to

12:10:25 be -- not going to be selling alcohol at 3 a.m. to

12:10:36 people.

12:10:37 So I move the ordinance.

12:10:51 Not more than 14% by weight and wines regardless of

12:10:54 alcoholic content beer and wine for consumption at that

12:11:02 certain lot, plot or tract of land located at 18002

12:11:08 highwoods preserve parkway, Tampa, Florida more

12:11:11 particularly described in section 2 hereof providing

12:11:13 for repeal of all ordinances in conflict and the

12:11:37 opening hours agreed to.

12:11:38 >>MIKE SUAREZ: And that it would be put onto the site

12:11:41 plan for approval between first and second reading.

12:11:44 Correct?

12:11:44 I'm sorry, between -- approval.

12:11:48 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.

12:11:50 Do I have a second?

12:11:51 Second by Mr. Suarez.

12:11:52 Any further discussion by council members?

12:11:54 All in favor of the motion, please indicate by saying

12:11:56 Aye.

12:11:57 Opposed, nay.

12:12:00 Motion passes 5-2.

12:12:12 4 to 3. With Montlione, Miranda and Reddick voting no.

12:12:14 We go now to information reports by council members.

12:12:16 >> Could I request that I go last?

12:12:31 >>CHARLIE MIRANDA: All right.

12:12:31 I will honor that.

12:12:33 So we'll go to Mr. Cohen.

12:12:35 >> Thank you, Mr. Chair.

12:12:37 Two items both related to the discussion we had this

12:12:48 morning.

12:12:48 The first to schedule budget workshops, one in June and

12:12:53 one in the month of July.

12:12:54 I spent some time looking at the calendar yesterday,

12:12:57 and I would like to propose to council that we schedule

12:13:01 those workshops both directly following the CRA

12:13:06 meetings that are already scheduled for the month of

12:13:08 June and July, which would be Thursday, June 9th,

12:13:12 and Thursday, July 21st.

12:13:16 We will all be here.

12:13:17 And if there's going to be some issues regarding the

12:13:20 availability of the chamber.

12:13:21 So this seems lake a good way of making sure that we

12:13:24 are all here in the chamber is available to us.

12:13:29 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second

12:13:31 by Mrs. Mulhern, for those two days for budget workshop

12:13:34 hearings.

12:13:36 All in favor signify by saying Aye.

12:13:39 Opposed, nay.

12:13:39 >>THE CLERK: Motion carried with Suarez voting no.

12:13:47 >>CHARLIE MIRANDA: Next item.

12:13:49 >>MIKE COHEN: The second item is related to the City

12:13:51 Council citizens advisory Budget and Finance Committee.

12:13:54 I know that when Councilwoman Mulhern was the chair of

12:13:58 the Finance Committee, this was a committee that I

12:14:03 believe was initiated by her where each City Council

12:14:06 member would appoint someone to serve on this

12:14:10 committee, to scrutinize the budget, to scrutinize the

12:14:14 city's finances and come up with recommendations to

12:14:17 this body regarding ways that we might deal with some

12:14:21 of the challenges that were presented to us this

12:14:24 morning.

12:14:26 I know that a previous council already appointed

12:14:29 members to that committee for the coming year.

12:14:33 I was going to inquire as to what council's pleasure is

12:14:36 really regarding three options.

12:14:38 One is whether or not to continue with the committee.

12:14:43 And the second is if we are going to continue, to leave

12:14:47 the committee as constituted or to allow for

12:14:50 reappointment by the new council.

12:15:07 >>CHARLIE MIRANDA: I think it's been beneficial to hear

12:15:08 what they have to say in the past, and that started way

12:15:11 back in the 80s, and it was reinstituted again.

12:15:15 I agree that each council member should have the right

12:15:18 to appoint whoever they chose to -- or choose to have

12:15:22 appointed to that committee.

12:15:25 There are new members here.

12:15:26 They should have the right to express their feeling to

12:15:28 a point.

12:15:29 So I agree with that philosophy.

12:15:32 Not that the other people have not done their due

12:15:35 diligence and jobs.

12:15:37 And more likely some of the same ones that get

12:15:40 reappointed.

12:15:40 So I leave that open to the council members who came

12:15:42 in.

12:15:43 Ms. Mulhern.

12:15:44 >>MARY MULHERN: Thanks, Mr. Cohen.

12:15:48 And I did -- I think I made the motion and the

12:15:52 suggestion and put together the idea that we would --

12:15:57 each council person appoint someone.

12:15:59 But council voted to do that.

12:16:03 I initiated it but it was by a vote of former council

12:16:06 that far we did that and I think it has been helpful.

12:16:09 And I don't want to speak for anyone, but I believe

12:16:11 that the budget department actually -- a lot of it was

12:16:18 beneficial to them to have some input from people and I

12:16:22 agree with Mr. Miranda, that we should continue the way

12:16:25 we did appoint them was that each council person

12:16:28 appointed someone and found an individual to represent

12:16:33 them.

12:16:34 So one of the things that if we do that, I think if we

12:16:45 agree that we want to continue this, that we provided

12:16:48 the names for the resolution to appoint people.

12:16:53 So people have an idea if they would want to do that so

12:16:59 the committee can get started.

12:17:00 >> I would make a motion that we reformulate and task

12:17:12 each council member to appoint a member, and that at

12:17:15 our next regularly scheduled meeting every council mesh

12:17:19 will submit that name.

12:17:20 >>SAL TERRITO: Legal department.

12:17:23 A lot of those members have already been chosen by

12:17:25 members of council who are no longer on council.

12:17:27 How do you want to address that?

12:17:29 Do you want those people to continue?

12:17:31 Do you want to ask them to step aside?

12:17:32 That's another issue that has to be addressed.

12:17:34 Those people that were already appointed by some

12:17:37 council members that are no longer here.

12:17:39 >>CHARLIE MIRANDA: That's what we are discussing,

12:17:41 whether new council members should have the right to

12:17:43 appoint who they choose.

12:17:45 >>MARTIN SHELBY: What I would do is part of that

12:17:57 resolution would be to repeal the previous -- the

12:18:04 previous resolution.

12:18:04 >>FRANK REDDICK: Is it possible to get a list of

12:18:07 those?

12:18:12 >>CHARLIE MIRANDA: Mr. Suarez and Mrs. Capin.

12:18:14 >>MIKE SUAREZ: Mr. Territo, usually on our boards and

12:18:20 commissions there is a set term.

12:18:24 >>SAL TERRITO: There is a one-year term.

12:18:25 About every year it was done again.

12:18:27 The only reason it's an issue now is because it was

12:18:29 done prior to the election.

12:18:30 So those members, there's nothing to say they have to

12:18:33 continue in office.

12:18:34 >> How long prior to the election was it?

12:18:37 Has it been six months?

12:18:39 >>SAL TERRITO: I don't remember.

12:18:39 >> Well, that's fine.

12:18:42 We can probably craft the resolution to make it more

12:18:46 amenable to the way that we get elected.

12:18:50 Thank you.

12:18:52 >>CHARLIE MIRANDA: Ms. Capin?

12:18:53 >>YVONNE CAPIN: It was in January, some of them.

12:18:58 There were vacancies.

12:19:00 We are pointing them for a year.

12:19:02 But there is no -- we can do this again, correct?

12:19:08 I just want to make sure.

12:19:10 >>MARY MULHERN: Since you brought that up, I think it

12:19:15 would make sense to do it kind of concurrent with our

12:19:18 term.

12:19:19 So to expire March 31st.

12:19:29 So that the next council will --

12:19:35 >>CHARLIE MIRANDA: Any further discussion of that?

12:19:36 Mr. Cohen?

12:19:37 Okay.

12:19:38 Any other things?

12:19:44 >>THE CLERK: The motion was not vote on.

12:19:46 >>CHARLIE MIRANDA: I didn't know which option you want.

12:19:48 First of all, do you want to continue it?

12:19:49 That's one.

12:19:50 And --

12:19:54 >>MIKE COHEN: I move that we formulate the committee

12:19:56 that we ask each council member to appoint a new

12:20:00 member, and that the term expire on March 3 st,

12:20:04 2012.

12:20:06 >>CHARLIE MIRANDA: If there are any changes that means

12:20:07 the council will have to remove whoever was there and

12:20:12 the ones they appointed as someone new.

12:20:14 >>MARTIN SHELBY: We would have to craft that carefully

12:20:16 because norm there has to be a basis for it unless you

12:20:21 appoint at the pleasure --

12:20:23 >>CHARLIE MIRANDA: That's exactly way was saying.

12:20:25 >>MARTIN SHELBY: At the council member whose appointee

12:20:27 you are.

12:20:30 >>CHARLIE MIRANDA: Right.

12:20:30 Any further discussion?

12:20:31 All in favor of that motion please indicate by saying

12:20:33 Aye.

12:20:33 Opposed, nay.

12:20:34 The Ayes have it unanimously.

12:20:35 >>MARY MULHERN: Thank you, Mr. Chair.

12:20:39 A few items.

12:20:40 First, I would like to -- I have a motion to ask

12:20:44 attorney Martin Shelby to prepare a resolution for

12:20:47 placement on the June 2nd agenda declaring the

12:20:51 month of June as hurricane awareness month.

12:20:55 This is at the request of the Tampa Bay Regional

12:20:58 Planning Council who does our disaster preparedness,

12:21:04 and they have asked us to do that.

12:21:07 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by

12:21:09 Mr. Suarez.

12:21:10 All in favor of the motion please indicate by saying

12:21:11 Aye.

12:21:12 Opposed, nay.

12:21:13 The ayes have it unanimously.

12:21:14 Next.

12:21:14 >>MARY MULHERN: Secondly, I would like to put on our

12:21:18 September -- motion to place on our September 15th

12:21:24 workshop agenda historic preservation workshop that

12:21:31 will be organized by Dennis Fernandez, our historic

12:21:37 preservation department, and to discuss the city's

12:21:42 historic preservation status.

12:21:45 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern,

12:21:47 seconded by Mr. Cohen.

12:21:50 All in favor of the motion please indicate by saying

12:21:52 Aye.

12:21:54 Yes, sir?

12:21:56 >>MARTIN SHELBY: Could you state a time for the

12:21:57 calendar?

12:21:58 You have one workshop set for 9 a.m., the WMBE program

12:22:01 update.

12:22:05 >>CHARLIE MIRANDA: That's fine.

12:22:06 We can have two.

12:22:06 >> I am going to propose a third.

12:22:11 >>CHARLIE MIRANDA: Listen, we can stay till 1:00

12:22:14 without eating.

12:22:15 We can handle three or four.

12:22:16 >>MARY MULHERN: Is that passed?

12:22:23 >>CHARLIE MIRANDA: Yes.

12:22:24 >>MARY MULHERN: Third, I was asked by one of our city

12:22:28 attorneys, assistant city attorney Jan McLean who

12:22:30 handles all of our kilowatt issues to put on our agenda

12:22:40 for a workshop -- our workshop this month a

12:22:52 presentation the estuary program on May 26th during

12:22:59 our workshop meeting, and I think at 10:30 regarding

12:23:03 the legislation and available alternatives to local

12:23:06 governments including impending deadlines with regard

12:23:12 to sales of fertilizer restrictions, and the reason for

12:23:20 this is because in the session, the house bill 7217

12:23:27 placed a restriction on local governments enacting

12:23:32 restrictions on sales of fertilizer, and the estuary

12:23:36 program has been working on this regionally, and

12:23:42 Pinellas County passed -- has already passed a

12:23:45 restriction and some of the other counties and

12:23:47 municipalities are working on it.

12:23:49 But basically, we have only until July 1st if we

12:23:53 decide that we want to restrict fertilizer, which

12:24:00 affects the water quality in the bay, and which is a

12:24:03 big problem for us, and this is one of the things we

12:24:06 might be able to do.

12:24:07 So I would like to ask that the estuary program be able

12:24:12 to make a presentation of that workshop on May 26th

12:24:17 simply because if we were -- didn't want to take -- did

12:24:21 want to take any action we would have to do it the next

12:24:24 month to have any effect.

12:24:26 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by

12:24:28 Mrs. Capin on a close vote with Mrs. Montelione.

12:24:31 All in favor indicate by saying Aye.

12:24:33 The Ayes have it.

12:24:34 >>MARY MULHERN: That's it for me.

12:24:36 Thank you.

12:24:37 >>CHARLIE MIRANDA: Mr. Reddick?

12:24:38 >>FRANK REDDICK: I only have one, and that is

12:24:41 requesting accommodation for greater Bethel missionary

12:24:46 Baptist church who will receive a historical mark May

12:24:54 22nd, the church from 1893, and designated on their

12:25:01 behalf.

12:25:06 234 all in favor?

12:25:08 Opposed?

12:25:09 Motion carried unanimously.

12:25:10 Mrs. Capin.

12:25:11 >>YVONNE CAPIN: Under file E-2 oh 001-8, CH 27, chapter

12:25:18 27, which was in the evening session of the 14th

12:25:22 for the workshop May 26th, I would like to amend as

12:25:28 follows, that the council schedule a workshop, did

12:25:31 schedule a workshop on May 26th to discuss possible

12:25:34 solutions, and I would like to amend it to also include

12:25:40 Russell pick cola, City of Tampa fire marshal, to

12:25:43 provide input on said workshop.

12:25:46 >>CHARLIE MIRANDA: This is invitation to an individual

12:25:48 on the scheduled workshop, made by Mrs. Capin, seconded

12:25:51 by Mrs. Mulhern.

12:25:52 Further discussion of that motion?

12:25:54 All in favor indicate by saying Aye.

12:25:57 Opposed, nay.

12:25:58 The ayes have it unanimously.

12:26:00 >>YVONNE CAPIN: And secondly, I would like to make a

12:26:03 motion to present a commendation to Middleton Magnet

12:26:07 high schools, robotic program, and coach Hans Wolf to

12:26:11 honor their recent success of the 2011 championship

12:26:16 earning $120,000 in scholarship money.

12:26:19 And I'm waiting for a response if they could come in

12:26:25 two weeks to receive that.

12:26:26 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin,

12:26:28 second by Mrs. Mulhern.

12:26:30 Discussion by council?

12:26:32 All in favor?

12:26:33 The Ayes have it unanimously.

12:26:35 Anything else?

12:26:36 Mr. Suarez?

12:26:37 >>MIKE SUAREZ: No new business.

12:26:39 >>CHARLIE MIRANDA: Good man.

12:26:39 Mrs. Montelione.

12:26:40 >>LISA MONTELIONE: Thank you, Mr. Chair.

12:26:42 I would like -- I have several motions.

12:26:46 Again we are going to have to get out the calendars.

12:26:48 The first motion is to add to the June 16th

12:26:54 workshop date of changes to chapter 19 of the City of

12:27:01 Tampa code, structural standards.

12:27:04 These were outlined in the memorandum received from

12:27:08 city attorney Shimberg on May 18th.

12:27:12 I believe the two or three issues that will be given is

12:27:17 orders filling out the specific violation, cure of

12:27:21 notices, opportunity to appeal code enforcement,

12:27:24 special magistrate decisions, the new billing

12:27:26 procedures, and the hazardous tree code standards.

12:27:34 Those are the items for discussion to be added on June

12:27:37 16th and that should only take about 15 minutes.

12:27:42 >>CHARLIE MIRANDA: I will hold to you 15 minutes.

12:27:46 >> No, hold him to 15 minutes.

12:27:49 >>CHARLIE MIRANDA: Second by Mrs. Cohen.

12:27:53 All in favor are? Motion passes unanimously.

12:27:57 >>LISA MONTELIONE: The second motion is to change one

12:27:59 of the policies on the consent agenda.

12:28:00 I would like to make a motion to have any items

12:28:02 requesting approval of contracts in excess of $1

12:28:05 million be placed on the regular agenda instead of the

12:28:08 consent agenda.

12:28:09 And the reason that I am proposing this change is as we

12:28:13 heard this morning from our revenue and finance

12:28:15 department, our decisions as we make them regularly

12:28:23 will have great impact on our budget, and I believe

12:28:26 that -- today we saw two or three resolutions for on

12:28:31 the consent agenda, one in excess of $4 million, one in

12:28:35 excess of 1.6 million and the other at $994,000 that we

12:28:40 approved on consent.

12:28:41 And I believe of that not only for ourselves but for

12:28:44 the taxpayers and citizens we represent that they

12:28:49 should be looked at during regular agenda rather than

12:28:53 pass on consent.

12:28:54 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded

12:28:57 by Mr. Reddick.

12:28:59 All in favor of that motion please indicate by saying

12:29:01 Aye.

12:29:01 Opposed, nay.

12:29:02 Ayes have it unanimously.

12:29:04 >>LISA MONTELIONE: Thirdly is something that I just

12:29:08 want to point to, we approved a resolution item number

12:29:13 10 regarding the acceptance of artifact from the World

12:29:15 Trade Center, and having had family in that building on

12:29:21 9/11, they thankfully did get out in time, but it's

12:29:27 very emotional and I am going to tear up here, but it's

12:29:30 a very emotional motion that we had this morning.

12:29:33 It was on consent.

12:29:34 I didn't have a chance to speak to it.

12:29:36 But I hope that the artifacts we are entrusted with are

12:29:41 respectfully displayed and preserved by our Parks

12:29:45 Department as I'm sure they will do a fabulous job with

12:29:48 that.

12:29:48 So I just wanted to make mention of that and call

12:29:51 attention to it.

12:29:52 Fourthly, workshops.

12:29:56 Again September 15th.

12:30:00 I talked to revenue and finance about this workshop, as

12:30:03 it plays into their purview.

12:30:06 That we hold a workshop on efficiency measures at

12:30:09 10:30 a.m., September 15th, to discuss issues

12:30:12 including but not limited to office space and energy

12:30:16 improvements, and that we invite several people not

12:30:20 limited to Ray Herbert, facility department director,

12:30:27 and Randy Artswell and Randy Klindworth from

12:30:30 Hillsborough County who is the current energy manager

12:30:32 from Hillsborough County.

12:30:32 >> I have a motion by Mrs. Montelione.

12:30:38 Mrs. Mulhern has the floor.

12:30:39 >>MARY MULHERN: Thank you.

12:30:40 I would like to just ask that you invite Thom Snelling

12:30:43 who is our -- has been our one person in green

12:30:50 sustainability.

12:30:50 >>LISA MONTELIONE: Yes, absolutely.

12:30:55 And again revenue and finance are also requested to be

12:30:58 here.

12:30:59 >>CHARLIE MIRANDA: A motion by Mrs. Montelione, second

12:31:01 by Mrs. Mulhern.

12:31:03 Further discussion by council members?

12:31:04 All in favor please indicate by saying Aye.

12:31:07 The Ayes are getting slower and slower.

12:31:12 Motion passes unanimously.

12:31:14 >> Thank you, council members.

12:31:16 And fifth, on my list is a motion to call a special

12:31:20 session of council on Tuesday, June 14th at 2:00

12:31:24 canceling the meeting of the Community Redevelopment

12:31:26 Agency for the purpose of rescheduling the land

12:31:30 development workshop which is originally scheduled for

12:31:33 9:30 a.m. on June 16th.

12:31:36 The reason for that is Cathy Coyle will be not

12:31:39 available on June 16th to hold that workshop.

12:31:42 We had previously agreed to have that workshop on the

12:31:44 Land Development Code prior to our moving forward with

12:31:48 changes to the code, and chair Reddick has graciously

12:31:52 accepted the cancellation of the CRA meeting that day.

12:31:58 >>CHARLIE MIRANDA: A motion by Mrs. Montelione,

12:32:00 seconded by Mr. Suarez.

12:32:02 Any further discussion by council members?

12:32:04 All in favor of the motion please indicate by saying

12:32:06 Aye.

12:32:07 Opposed nay.

12:32:09 Motion passes unanimously.

12:32:10 >>LISA MONTELIONE: Lastly, I would like to, in honor

12:32:15 of our lightning that is doing so well, they are going

12:32:23 to lead us to the Stanley Cup.

12:32:25 And I say go Bolts.

12:32:26 >> Mr. Chairman, you already have a blue beard.

12:32:32 You need to put it on.

12:32:35 [ Laughter ]

12:32:43 >>CHARLIE MIRANDA: Any on the questions to come before

12:32:44 City Council?

12:32:45 I need to receive and file any other documents that

12:32:48 might have come in, slipped through the crack before

12:32:50 this body, the clerk's office.

12:32:52 Need a motion to that effect.

12:32:54 I have a motion by Mrs. Capin, second by Mrs.

12:32:57 Montelione.

12:32:58 All in favor of the motion indicate by saying Aye.

12:33:00 Opposed, nay.

12:33:01 The Ayes have it unanimously.

12:33:03 Any further business to come before this council?

12:33:05 Anyone in the audience care to speak to this council?

12:33:07 I see none.

12:33:09 We stand adjourned.



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