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Thursday, June 2, 2011

9:00 a.m. session


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09:02:48 >>CHARLIE MIRANDA: City Council is called to order.

09:02:49 At this time I would like to have the prayer by Shirley

09:02:53 Foxx-Knowles, our city clerk.

09:02:56 Mr. Harry Cohen is supposed to do this in production

09:02:59 but due to his hoarseness he can't do it.

09:03:02 He can certainly push yes or no, though, on the voting

09:03:06 record so that does not interfere with his voting

09:03:09 record.

09:03:09 He just can't speak.

09:03:10 He has a terrible head cold.

09:03:15 Please rise and remain standing for the pledge of

09:03:17 allegiance.

09:03:18 >> Father, thank you for this beautiful morning here in

09:03:26 the City of Tampa.

09:03:27 Thank you also for your grace and your mercy and for

09:03:30 all the wonderful gifts you have provided.

09:03:35 Let us remember to show our gratitude to one another.

09:03:39 Thank you for our leaders, our servants of the people.

09:03:43 Continue to guide them and make them instruments of

09:03:46 your will.

09:03:47 Give them the wisdom they need to make the best

09:03:50 decisions for all of us and continue to give the gift

09:03:54 of understanding to the individuals who are on the

09:03:59 council.

09:04:00 We ask those past and present serving in the front line

09:04:04 to ensure our safety and freedom.

09:04:07 Let them know that we appreciate their sacrifice.

09:04:10 As you bless our state, please remember the City of

09:04:17 Tampa, our mayor, our council, the administration, the

09:04:19 employees, and our wonderful citizens.

09:04:22 Keep us all in your care.

09:04:24 And now, as we go about the worldly matters of this

09:04:27 city, we again say thank you for everything and ask

09:04:31 that you continue to bless and guide us in your ways.

09:04:34 Make us shining examples of your love.

09:04:38 These things we ask with humble hearts.

09:04:41 Let us all say amen.

09:04:43 (Pledge of Allegiance)

09:05:07 >>CHARLIE MIRANDA: Roll call.

09:05:08 >>MIKE SUAREZ: Here.

09:05:11 >>YVONNE CAPIN: Here.

09:05:11 >>FRANK REDDICK: Here.

09:05:13 >>MARY MULHERN: Here.

09:05:14 >>MIKE COHEN: Here.

09:05:14 >>LISA MONTELIONE: Here.

09:05:16 >>CHARLIE MIRANDA: Here.

09:05:17 Before we go into the adoption of the minutes, if I

09:05:20 may, we scheduled various things for June 23rd.

09:05:26 And if I may ask Shirley Foxx-Knowles to speak on that,

09:05:29 because we have some, in my opinion, some

09:05:32 recalculations to do for that date.

09:05:34 We have put the agenda to the limits and beyond the

09:05:37 scope of limits, and also there was no time set as far

09:05:43 as the hour.

09:05:43 So Ms. Knowles.

09:05:45 >>SHIRLEY FOXX-KNOWLES: Thank you.

09:05:58 Council, we have on the 23rd of June, we have

09:06:02 tentatively 10 to 12 ordinances for second reading.

09:06:08 That's at 9:30.

09:06:10 At 10:00 we have interviews of candidates for the

09:06:12 Planning Commission.

09:06:14 Also at 10:00 we have interviews for candidates for the

09:06:18 Architectural Review Commission.

09:06:22 In addition to that, we have interviews for candidates

09:06:24 for the equal business opportunity.

09:06:30 And we have interviews for candidates for the

09:06:33 preservation -- Historic Preservation Commission, this

09:06:38 is in addition to a number of other items.

09:06:40 At 10:30 we have two public hearings on the sale of

09:06:46 alcoholic beverages.

09:06:48 10:30 we have a closure, continue answer closure.

09:06:54 Also at 10:30 we have another closure.

09:06:56 10:30 again scheduled is a non-ad valorem assessment

09:07:04 roll for streetlights.

09:07:06 We have two review hearings.

09:07:10 That's regarding the decision of the zoning

09:07:12 administrator.

09:07:13 And we have another review hearing, continued decision

09:07:20 of the BLT.

09:07:24 And we are trying to schedule two workshops.

09:07:34 >>CHARLIE MIRANDA: Any suggestions?

09:07:35 Ms. Mulhern?

09:07:40 >>MARY MULHERN: It seems like too much.

09:07:41 But I was wondering about those interviews for all the

09:07:46 boards.

09:07:47 I know the Planning Commission appointments, or

09:07:52 appointment, isn't up until, I think, September.

09:07:54 So some of those, I think we could -- I guess -- I

09:08:00 don't know.

09:08:01 They have been noticed.

09:08:02 If we could change the dates for some of those.

09:08:04 I don't know about the other boards.

09:08:12 >>CHARLIE MIRANDA: Ms. Montelione, then Mr. Suarez.

09:08:13 >>LISA MONTELIONE: I would suggest that we move all of

09:08:16 the interviews to a later date, because we want to make

09:08:21 sure that we give each of the applicants time to be

09:08:25 fully vetted and discuss their interest in those

09:08:29 boards, and give those boards and committees very

09:08:32 thoughtful consideration.

09:08:35 We'll hold that in thought.

09:08:37 Mr. Suarez.

09:08:38 >>MIKE SUAREZ: How many do candidates do we have?

09:08:44 Is it one each?

09:08:46 >>SHIRLEY FOXX-KNOWLES: Oh, no.

09:08:47 For the Planning Commission I know we have at least

09:08:49 eleven.

09:08:50 >>MIKE SUAREZ: That answered my question.

09:08:53 I agree with moving that, Mr. Chair.

09:08:58 >>CHARLIE MIRANDA: Now that we agree on moving it, give

09:08:59 me some directions as to what date and what time.

09:09:02 >> We return July 14, correct?

09:09:11 So look at what we have on the schedule.

09:09:14 >>CHARLIE MIRANDA: Five minutes for the week after

09:09:17 July -- after we come back.

09:09:19 >> Not the first meeting we come back but the 21st.

09:09:26 The 28th?

09:09:32 >>CHARLIE MIRANDA: I am sorry, we have to have do this

09:09:33 house cleaning in front of you but we can't speak to

09:09:36 each other than here.

09:09:48 >>YVONNE CAPIN: How is July 28.

09:09:49 >>SHIRLEY FOXX-KNOWLES: July 28th is pretty light.

09:09:53 You just have commendation for the police officer and

09:09:56 the firefighter and staff reports.

09:10:01 There's one public hearing on alcoholic beverages.

09:10:06 >>CHARLIE MIRANDA: So it looks like we are going to

09:10:07 move it to the 28th at what time?

09:10:11 >>YVONNE CAPIN: 10 a.m.

09:10:14 >>CHARLIE MIRANDA: 28th at 10 a.m., all the boards

09:10:17 that are applying, they come in on the 28th that we

09:10:21 have scheduled for will be moved to July 28.

09:10:23 And it's all the boards that were just mentioned by the

09:10:26 clerk's office.

09:10:27 And that motion made by Capin, seconded by Ms. Mulhern

09:10:32 on a close vote with Mr. Suarez.

09:10:34 All in favor of that motion indicate by saying Aye.

09:10:38 Opposed, nay.

09:10:40 The Ayes have it unanimously.

09:10:42 We need to approve the minutes of the session held on

09:10:45 May 19th.

09:10:47 Motion by Mr. Suarez, second by Mrs. Mulhern.

09:10:50 All in favor?

09:10:51 Opposed?

09:10:51 The Ayes have it unanimously.

09:10:53 We go to the ceremonial activities.

09:10:55 I call on the honorable Yolie Capin.

09:11:22 >>YVONNE CAPIN: Council members and guests, it is my

09:11:25 great pleasure to introduce the future.

09:11:29 Middleton Magnet High School students, the Robotics

09:11:37 Team of Middleton Magnet High School.

09:11:40 I'm not going to read this -- I'm not going to talk to

09:11:43 you about it now because I will read it in the

09:11:45 commendation but I do want to introduce the team and

09:11:47 the staff.

09:11:50 (Team introduced.)

09:12:22 Carson Wolf is the programmer. And Jacqueline, is she

09:12:30 here?

09:12:30 And Ken Moore of magnet curriculum.

09:12:38 And Jackie Ferret?

09:12:43 For the magnet program robotic sponsor.

09:12:47 And the Coach Wolf, you are extraordinaire.

09:12:56 And Mr. Young.

09:12:58 I'm sorry.

09:13:01 The principal.

09:13:02 I am going to read this commendation, if you will come

09:13:04 up.

09:13:12 Middleton Magnet High School's robotic program, the

09:13:14 Middleton robotics students finished a successful

09:13:18 season by competing in the 2011 first, which is for

09:13:25 inspiration and recognition of science and technology

09:13:28 tournament.

09:13:29 The tour robotics team won the inspired award

09:13:36 designating them as the best role model takes first

09:13:39 tournament competitor.

09:13:43 Tampa City Council recognizes this achievement and

09:13:44 presents this commendation to Middleton Magnet School

09:13:47 robotics program for its outstanding example of

09:13:50 teamwork, dedication, and scholarship, and wishes to

09:13:52 continued success in this most noteworthy scholastic

09:13:58 endeavor.

09:13:59 I would like to also point out that the team's

09:14:01 activities earned the team members $120,000 in

09:14:05 scholarship money as a result of their success.

09:14:09 This is the future.

09:14:11 [ Applause ]

09:14:29 >> Good morning, council members.

09:14:30 On behalf of the Middleton High School family, I'm

09:14:33 grateful that you have taken this opportunity to

09:14:34 recognize the future and the great work that our young

09:14:38 people are doing at Middleton high school.

09:14:41 I would also like to take this opportunity to thank the

09:14:43 parents, because if it wasn't for their involvement in

09:14:49 their children's lives, and their commitment to this

09:14:52 robotics team, we would not have achieved to the level

09:14:55 that we are at.

09:14:56 So thank you.

09:15:03 [ Applause ]

09:15:06 >> Good morning, council members.

09:15:07 We would also, at Middleton, like to recognize our

09:15:11 school board member that's here with us today, Dr.

09:15:13 Lamb.

09:15:15 Thank you, Dr. Lamb.

09:15:17 [ Applause ]

09:15:17 And, of course, we have several of our district members

09:15:20 here with us, because robotics is a very expensive

09:15:25 hobby for our students.

09:15:26 And without district support we could not compete at

09:15:28 the level that we have been competing.

09:15:30 So I would ask our district members to please stand up,

09:15:33 also.

09:15:36 Thank you.

09:15:40 And I just want to let you know we actually have two

09:15:43 robotics teams.

09:15:45 Our second team actually hold the state record for the

09:15:47 number of points scored.

09:15:48 They scored those points at the state competition.

09:15:50 Unfortunately, we burned out our last motor and could

09:15:54 not continue to send that that to semi-finals.

09:15:58 We will have three teams next year.

09:15:59 And we expect to be coming back with at least two of

09:16:02 those teams receiving another commendation.

09:16:05 Thank you very much.

09:16:06 [ Applause ]

09:16:08 And, yes, we would like to do a short demonstration of

09:16:15 our robots so you will see what our kids worked so hard

09:16:20 on.

09:16:37 >>CHARLIE MIRANDA: It looks like me walking in City

09:16:38 Hall.

09:16:39 >> And the students actually build this.

09:16:44 They received their directions in September.

09:16:45 The competition tells them what the robot actually has

09:16:49 to do, what it needs to do to perform the task.

09:16:53 They have specifications as to the size of the robot.

09:16:55 They then build it.

09:16:56 The students build it.

09:16:57 They test it.

09:16:58 And then they compete with it.

09:17:00 So it's actually a very excellent opportunity for them

09:17:03 to expand their knowledge that they learn in the

09:17:06 classroom and use real world applications.

09:17:13 >>CHARLIE MIRANDA: That's marvelous.

09:17:14 I want to thank all of you, the teachers, the parents,

09:17:19 principal mentioned one key word in there, "parents."

09:17:24 No government, no school board, no neighborhood can do

09:17:27 what the parents do.

09:17:29 And there's where we are faltering in life.

09:17:32 We want to thank you all.

09:17:33 And I yield back to Ms. Capin.

09:17:37 >>YVONNE CAPIN: Thank you, chairman.

09:17:38 Absolutely, the parents, again, and the students.

09:17:40 Without that support.

09:17:43 I would like to introduce Dr. Lamb for a few words to

09:17:49 council.

09:17:50 Thank you.

09:17:50 >> I just want to thank council personally.

09:17:54 Yolie what peen, long-time friend for bringing this

09:17:59 forth to the council and having the council recognize.

09:18:02 This staff has done a phenomenal turnaround in

09:18:06 Middleton.

09:18:07 This is just one example of what's going on daily at

09:18:09 this high school.

09:18:10 And we are so extremely proud.

09:18:12 Thank you again for taking time in your agenda.

09:18:17 [ Applause ]

09:18:20 All right.

09:18:29 Ms. Shirley Foxx-Knowles.

09:18:33 Yes, ma'am, Mrs. Montelione?

09:18:35 >>LISA MONTELIONE: Speaking to the agenda on the

09:18:37 23rd, we have the two workshops scheduled.

09:18:39 And I noticed on the calendar they are scheduled for

09:18:44 unknown times.

09:18:47 >>CHARLIE MIRANDA: We are going to get to that.

09:18:48 Yes, we are going to get to that.

09:18:50 >>SHIRLEY FOXX-KNOWLES: City clerk.

09:18:53 To review the addendum to the agenda, off-the-agenda

09:19:01 item, council needs to designate a time for the

09:19:03 workshop scheduled for June 16th to discuss changes

09:19:08 to the City of Tampa code.

09:19:11 Chapter 19 relating to property maintenance and

09:19:14 structural standards.

09:19:16 Suggested time may be 11:00 for that one.

09:19:21 >>CHARLIE MIRANDA: Let's stop right there and take care

09:19:22 of that one first.

09:19:24 We need a time schedule.

09:19:26 I think the clerk recommended 11:00 on the 16th.

09:19:29 I need a motion.

09:19:30 Motion by Mr. Suarez.

09:19:32 Second by Mr. Reddick.

09:19:33 All in favor of the motion please indicate by saying

09:19:35 Aye.

09:19:37 Opposed?

09:19:37 The Ayes have it unanimously.

09:19:39 >>SHIRLEY FOXX-KNOWLES: Another new business item.

09:19:44 Council needs to designate a time for the workshop

09:19:46 scheduled for June 23rd, 2011, to discuss the Land

09:19:50 Development Code, and secondly to discuss the economic

09:19:55 development proposal for a jobs program.

09:19:58 The suggested times maybe 1:30 p.m. for the Land

09:20:03 Development Code and 2:30 p.m. for the economic

09:20:09 development proposal for a jobs program.

09:20:13 >> I move that we dose ignite it at 1:30.

09:20:19 >>CHARLIE MIRANDA: The land development.

09:20:21 >> For land development and for the economics

09:20:23 development proposal.

09:20:24 >>CHARLIE MIRANDA: At 2:30.

09:20:26 >> And excuse me, 2:30 for the economic development

09:20:29 proposal.

09:20:29 >>LISA MONTELIONE: I was going to suggest that as

09:20:34 well.

09:20:35 >>CHARLIE MIRANDA: A motion by Mr. Suarez for 1:30 and

09:20:38 2:30.

09:20:39 Second by Mrs. Montelione.

09:20:41 All in favor?

09:20:42 Opposed?

09:20:42 The Ayes have it unanimously.

09:20:43 >>SHIRLEY FOXX-KNOWLES: As far as substitutions,

09:20:46 agenda item, item number 76, the legal department has

09:20:52 submitted a substitute PowerPoint presentation.

09:20:58 This is regarding the sales of fertilizer containing

09:21:01 nitrogen and phosphorus during the rainy season.

09:21:10 >>CHARLIE MIRANDA: Okay.

09:21:10 >>SHIRLEY FOXX-KNOWLES: Continuing on, the continuance

09:21:13 for removal of item number 2, legal department is

09:21:17 requesting a continuance to June 23rd, 2011.

09:21:28 >>CHARLIE MIRANDA: Okay.

09:21:28 This is first reading.

09:21:29 Anyone in the audience that cares to speak to this

09:21:33 ordinance?

09:21:34 I am going to bypass a few items so we can clear the

09:21:36 agenda.

09:21:36 At this time come forward if you are against moving it

09:21:39 to June 23rd.

09:21:40 I see no one.

09:21:41 I need a motion by council.

09:21:45 Motion by Mrs. Mulhern, second by Mr. Cohen.

09:21:48 Item number 2.

09:21:49 >> Item number 15.

09:21:58 The event has been canceled.

09:22:02 The Caribbean carnival scheduled for June 4th

09:22:06 through 5th.

09:22:07 The item needs to be removed from the agenda.

09:22:10 >>CHARLIE MIRANDA: Need a motion to that effect.

09:22:11 Motion by Mr. Suarez, second by Mrs. Mulhern.

09:22:16 The Ayes have it unanimously.

09:22:18 >>SHIRLEY FOXX-KNOWLES: Item number 38, we have a

09:22:21 resolution, and the real estate department is

09:22:26 requesting a continuance to June 23rd, 2011.

09:22:30 This is regarding purchase of property located at 3020

09:22:34 north 22nd street.

09:22:36 >> This is under Ms. Montelione's department.

09:22:42 >> If there is no objection by staff, the 23rd is

09:22:45 also a full day that we just discussed.

09:22:47 I move to change that continuance from the 23rd to

09:22:51 the 28th.

09:22:54 Of June.

09:22:55 28th of June at 9:30.

09:23:02 >>SHIRLEY FOXX-KNOWLES: You mean July?

09:23:05 >> I'm sorry, July.

09:23:09 >>CHARLIE MIRANDA: I got it now.

09:23:10 I have a motion by Mrs. Montelione on item number 38.

09:23:13 Seconded by Mrs. Mulhern to remove it and put it on the

09:23:18 July 28th agenda instead of the 23rd.

09:23:22 All in favor of the motion please indicate by saying

09:23:24 Aye.

09:23:25 Opposed nay.

09:23:29 Motion passes.

09:23:30 Next.

09:23:30 >>SHIRLEY FOXX-KNOWLES: Item 75, Karen Palus is

09:23:33 requesting a continuance to July 28, 2011, and that's

09:23:37 regarding a presentation regarding results of the

09:23:41 neighborhood survey on urban trees.

09:23:50 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by

09:23:52 Mr. Reddick, to move it to the 28th.

09:23:55 All in favor of that motion?

09:23:57 Opposed?

09:23:57 The Ayes have it unanimously.

09:23:58 >>SHIRLEY FOXX-KNOWLES: Item number 83, the review

09:24:02 hearing, Gina Grimes, property owner representative, is

09:24:06 requesting a continuance of the public hearing to June

09:24:10 23rd, 2011.

09:24:13 >>CHARLIE MIRANDA: I'll ask for legal's opinion.

09:24:15 I think we can dot but I'll ask.

09:24:17 >>MARTIN SHELBY: Respectfully that must be held at

09:24:19 10:30.

09:24:20 >>CHARLIE MIRANDA: All right, we'll hold that to 10:30.

09:24:22 >>SHIRLEY FOXX-KNOWLES: Other notes to the agenda,

09:24:27 item number 74, we received a list of projects for the

09:24:33 CIT, and that has been distributed to council members

09:24:37 by the budget department.

09:24:41 >>CHARLIE MIRANDA: Okay.

09:24:41 >>SHIRLEY FOXX-KNOWLES: Item number 82.

09:24:43 A resolution has been distributed to council members by

09:24:47 council attorney Martin Shelby, and this is regarding

09:24:51 the citizens budget advisory committee.

09:24:56 >>CHARLIE MIRANDA: Thank you.

09:24:57 We'll take that up at that time.

09:24:59 >>SHIRLEY FOXX-KNOWLES: Item 10 and 35, council member

09:25:02 Mulhern is requesting that these items be pulled for

09:25:05 discussion at 10:00.

09:25:08 That's it.

09:25:09 Thank you.

09:25:12 >>CHARLIE MIRANDA: Anything else?

09:25:14 All right.

09:25:16 Now, we need approval of the agenda.

09:25:18 >>MIKE SUAREZ: Suarez moved.

09:25:22 >>MARY MULHERN: Second.

09:25:26 >>CHARLIE MIRANDA: All in favor?

09:25:27 All opposed?

09:25:27 The Ayes have it unanimously and it's been approved.

09:25:30 Now we go to the 30 minutes for any item on the agenda

09:25:43 not set for public hearing.

09:25:44 >>MARY MULHERN: Does that include the first reading on

09:25:49 the fertilizer ordinance?

09:25:52 >>CHARLIE MIRANDA: It includes everything on the

09:25:53 agenda.

09:25:53 Usually the public comments are taken at second

09:25:56 hearing, but we will listen to them today.

09:25:58 I understand there's a great need for that.

09:26:01 So we are going to hear now.

09:26:03 >> Pete Johnson.

09:26:12 Two things I wanted to speak about.

09:26:14 Number one is item number 77.

09:26:16 I believe that's the one with Hillsborough County

09:26:19 animal control.

09:26:20 I do want to tell you, I personally worked with Dennis

09:26:24 on several occasions, in neighborhoods in the City of

09:26:27 Tampa that have had pit bulls, and drug dealers.

09:26:30 And believe me, their form of enforcement is fabulous.

09:26:35 They remove the animal.

09:26:36 They remove the problem.

09:26:38 And I have seen them back up to some pretty dangerous

09:26:42 dogs.

09:26:43 The second thing is about the fertilization.

09:26:45 I think it's a great idea.

09:26:47 I really do.

09:26:48 It's about time we start looking at our water problem

09:26:51 that we have, and what we are going to do in the

09:26:55 future.

09:26:56 My biggest concern there, as with all ordinances, if we

09:27:01 do not supply the department that enforces ordinances

09:27:04 with enough funding to enforce all of the ordinances

09:27:08 that we all agree upon, then we have just got a hole in

09:27:12 the wall.

09:27:13 So, please, when budget comes around again, make sure

09:27:17 that the departments that you have held responsible to

09:27:21 enforce the codes and zoning regulations and this ban,

09:27:29 everything else, has the funding in order to do it.

09:27:31 Without it, we are not getting anywhere.

09:27:33 And I understand the difference between it's the

09:27:37 administration's responsibility to enforce the law, but

09:27:39 it is also council's responsibility to be see that that

09:27:42 department is funded correctly so they can do

09:27:47 everything that you ask of them.

09:27:49 Thank you.

09:27:50 >>CHARLIE MIRANDA: Thank you very much.

09:27:51 Next, please.

09:27:51 >> Okay, on that, Ed Tillou.

09:28:00 I live in north Tampa, sulfur spring, I guess would you

09:28:03 say.

09:28:04 I want to speak to other things but this fertilizer is

09:28:06 coming up at this meeting.

09:28:07 And there's a technical factor I want to bring to

09:28:11 people's attention because I am an environmental

09:28:13 engineer, and actually working with water was something

09:28:16 that gave me a salary for a while because a lot of

09:28:20 things didn't.

09:28:21 Okay, the technical factor, there's a fertilizer that

09:28:27 probably will be addressed in this PowerPoint

09:28:29 presentation, but maybe not.

09:28:30 I don't know.

09:28:31 Maybe it's an urban legend.

09:28:33 Because I was never able to get any when I had a lawn.

09:28:39 Maybe it doesn't really exist, and it's something they

09:28:41 tell undergraduates and then they tell knew graduate

09:28:44 school that it doesn't really exist.

09:28:45 But it's a very soil adhesive fertilizer, doesn't wash

09:28:52 off.

09:28:53 It's formaldehyde technically speaking, and it's very

09:28:56 important to exempt that from this, and maybe a lot of

09:29:00 these people that are obsessive about their lawns have

09:29:03 three-inch deep layers of St. Augustine crab grass,

09:29:07 because that's what it is.

09:29:08 It's a very water thirsty grass.

09:29:11 It's not even a grass, it's a crab grass.

09:29:13 And the people at REDALIN, they gave me a lot of

09:29:20 problems when I lived in Pinellas.

09:29:22 I like here because it's a little less yahoo here in

09:29:25 Tampa.

09:29:26 But the thing is that I tried to have a low water use

09:29:29 lawn and they wouldn't let me get it seeded because I

09:29:33 relied on the shoots and it was ten inches long instead

09:29:37 of eight, and I had to cut it, and then I told them the

09:29:40 real problem is the spots that I was trying to seed in.

09:29:44 So, anyway, formaldehyde very power, people obsessed

09:29:50 about their lawns, fewer here in Tampa, will become

09:29:56 environmentalists.

09:29:57 One of the things I hoped to speak to was pedestrian

09:30:01 and bicycle safety because I see Mr. Buckhorn is ready

09:30:09 to draft something and he doesn't come to these

09:30:11 meetings but probably watches them on television.

09:30:13 Technically he's more Councilman.

09:30:17 Mr. Suarez and Mr. Fernandez probably recognize.

09:30:21 That that's the root of the big Councilman.

09:30:23 But I think it's a slightly different system and he

09:30:26 doesn't have to come here on.

09:30:27 That but as I say, there's a potential to really muck

09:30:29 that up.

09:30:30 I have seen the symptoms of it already, that when

09:30:33 something gets addressed and it's the wrong thing, it

09:30:35 gets really to be a problem.

09:30:38 And that's again the way it is with this fertilizer,

09:30:40 because people can't get soil adhesive formaldehyde

09:30:48 fertilizer.

09:30:48 This could really help.

09:30:50 This could be the major return on this, getting that

09:30:53 into the stores, because it costs more, people aren't

09:30:58 going to buy it, but they might buy it during a rainy

09:31:01 season.

09:31:01 I don't know, maybe that will wash off, too.

09:31:03 There's a lot to go into that.

09:31:05 But as I say, I think that's an important factor to be

09:31:09 considered in this ordinance.

09:31:11 >>CHARLIE MIRANDA: Thank you very much.

09:31:11 Next, please.

09:31:13 We are discussing any item on the agenda.

09:31:15 Anyone who wants to speak can line up and speak on it

09:31:18 even before first reading.

09:31:19 Yes?

09:31:20 >> My name is Marlin Anderson, west San Jose street.

09:31:26 I'm here regarding the fertilizer ordinance, the ban on

09:31:30 fertilizer that contains phosphorus and nitrogen or

09:31:35 nitrogen.

09:31:36 My understanding from going to water workshops and

09:31:39 talking to people and stuff is that the major source of

09:31:42 nitrogen, or the majority of the nitrogen that comes

09:31:45 into the bay is from stormwater runoff from the lawns.

09:31:49 So first of all we got that.

09:31:51 And then I was reading some of the media reports on

09:31:56 this particular issue, and they said, well, you know,

09:31:59 you can't ban this, it's like a ban on liquor.

09:32:02 I don't think you can really do that, you know, make

09:32:04 that relation.

09:32:05 I think we have all kinds of bans.

09:32:07 We have got bans on hunting during certain times of the

09:32:09 year, bans on fishing certain fish, you know, the bans,

09:32:17 most of the people are going aren't going to cheat.

09:32:22 Sure, some of them are going to cheat had.

09:32:24 But you aren't going to see Lowes and Home Depot

09:32:28 selling the stuff during the summer and the other large

09:32:31 landscape companies.

09:32:32 So somebody might get somebody in Manatee County to do

09:32:34 it.

09:32:35 Well, maybe they'll do that.

09:32:36 All right.

09:32:37 Another thing to think about is they talked about when

09:32:40 nitrogen is such a great thing.

09:32:41 Well, asbestos is a great thing, too.

09:32:44 It was a great construction material but it's not

09:32:46 healthy.

09:32:47 And we are finding out that nitrogen, okay, it's a good

09:32:50 thing for plants, but it's bad for the bay.

09:32:54 So that's what we are trying to deal with here.

09:32:56 I also agree with Councilman Miranda that we could be

09:32:59 facing some huge fines down the road from the EPA if we

09:33:03 don't comply, end up getting too much once the economy

09:33:06 starts picking up.

09:33:07 I think that is a definite thing that is correct we

09:33:09 should protect ourselves against.

09:33:12 I have heard there is some concern that it will hurt

09:33:14 some people's businesses and that type of thing.

09:33:16 But I think in a situation like this, we have to look

09:33:19 at the greater good.

09:33:20 Okay, we have got a small tiny percentage of the

09:33:24 population that could be affected financially if we

09:33:27 have the summertime ban.

09:33:28 But we are looking at the overall health of this bay

09:33:31 and the whole community.

09:33:32 That's the other thing to be weighed against.

09:33:36 In closing, I would like to thank Councilwoman Mulhern

09:33:40 for proposing this ban.

09:33:41 I would like to say let's pass this ban, take it out of

09:33:44 the hands of the legislature, and improve the health of

09:33:47 our bay.

09:33:47 Thank you.

09:33:48 >>CHARLIE MIRANDA: Thank you very much, sir.

09:33:50 Next, please.

09:33:51 >> Phil Compton, 1430 park circle, Tampa, and also

09:33:56 representing Sierra Club.

09:33:58 Calendar tells me that it's June 2nd.

09:34:01 And that's the second day of the rainy season, in case

09:34:07 we did not look at our calendar yesterday, mother

09:34:11 nature intervened and showed us yesterday that, yes,

09:34:14 this is when it rains.

09:34:15 It rains mostly in June, July, August, and September.

09:34:19 I want to thank you for taking the initiative to add

09:34:22 Tampa to the list of cities.

09:34:24 I am going to give you a list of all the cities and

09:34:27 counties in the State of Florida who have already

09:34:31 passed such an ordinance, and Tampa is the only city on

09:34:35 the Gulf coast from Pinellas County down to Naples who

09:34:39 have not yet taken this action so you are not sticking

09:34:41 your neck out.

09:34:42 You are actually getting on board with a program that

09:34:45 has been working for several years now along the Gulf

09:34:47 coast.

09:34:47 I also have some photographs for you.

09:34:52 Some of the results of that.

09:34:54 Sulphur Springs is an area where we have seen a lot of

09:34:58 nitrogen that's been a problem.

09:35:02 And it's not -- the City of Tampa is planning to do

09:35:08 quite a bit to try to clean this up.

09:35:15 >>CHARLIE MIRANDA: You have to turn them the other way.

09:35:17 The other way.

09:35:21 I thought I was backwards.

09:35:22 >> These are pictures that I took at Sulphur Springs.

09:35:28 This shows what we have to deal with.

09:35:30 That's you are currently spending millions of dollars

09:35:33 to try to get rid.

09:35:36 There's also Tampa Bay, that we see from time to time

09:35:38 in the summertime is also a harmful algae bloom that we

09:35:42 have here.

09:35:43 This is an approach that will give us cleaner water,

09:35:47 lower taxes, and actually help your lawns, because it

09:35:50 will reduce the cinch bugs and the root rot fungus

09:35:55 problems when we apply too much nitrogen in the

09:35:57 summertime.

09:35:57 I want to thank you council for moving forward with

09:36:00 this.

09:36:00 And I will give you a copy of the Tampa Bay estuary

09:36:03 education program.

09:36:04 These placards are now being used in Pinellas County.

09:36:07 Wall be doing is to extend the program, bring it across

09:36:10 the bay, so we can do our part for Tampa Bay and our

09:36:13 Hillsborough River.

09:36:14 Thank you very much.

09:36:15 >>CHARLIE MIRANDA: Thank you very much.

09:36:16 I would like to ask council if we can change it from

09:36:18 three minutes to two minutes.

09:36:20 You are actually getting two and a half because I want

09:36:22 everyone standing to have the opportunity to speak.

09:36:24 Okay?

09:36:25 >> Good morning, council.

09:36:26 I'm Linda Saul-Sena, 157 Biscayne, here this morning to

09:36:31 encourage you to support the proposed fertilizer ban.

09:36:34 When I served as a member of Tampa City Council, our

09:36:39 river board voted to support this, as did the Tampa Bay

09:36:43 estuary group, which consists of all the communities

09:36:45 around Tampa Bay estuaries.

09:36:47 But most importantly, Tampa City Council voted I

09:36:52 believe unanimously to support this and asked the

09:36:54 Environmental Protection Commission to do something.

09:36:56 Well, they didn't, but we can.

09:37:01 So today Tampa City Council has the opportunity to

09:37:05 protect our bay, our river, and actually council is the

09:37:11 appropriate group because most of the shoreline that's

09:37:15 affected residentially is affected through the City of

09:37:17 Tampa.

09:37:18 Thank you for your attention.

09:37:18 Please pass this.

09:37:20 And thank you for taking the initiative.

09:37:23 >>CHARLIE MIRANDA: Thank you very much.

09:37:23 We appreciate it.

09:37:24 Next, please.

09:37:25 >> Rich Brown, 1214 Park Circle, Tampa.

09:37:29 A couple of points.

09:37:32 Like cancer and heart disease, most of the damage, you

09:37:34 can't see on top of the water.

09:37:36 A lot of the algae bloom in summer is a jelly-like mass

09:37:41 that forms on the bottom of the water.

09:37:44 Also, don't be fooled by the idea that we can train

09:37:47 people to apply it better.

09:37:50 Any priest, pastor, rabbi, dental hygienist, will tell

09:37:54 you, you can't train people to do stuff in a day or

09:37:59 week and go back to the same old habits.

09:38:01 So the sales ban will be the way to make sure people

09:38:03 don't go back to the same old habits.

09:38:09 There will be some work that is not done if this is

09:38:12 banned in summer by the industry.

09:38:15 But for every person in the industry that's going to

09:38:17 have a bit less work in the summer, there's a waiter,

09:38:20 cook staff that works on the river, mechanic, sales

09:38:24 people in the marinas, so there are other jobs that are

09:38:30 not just in the industry.

09:38:31 You will also hear some stuff about the I-fast funded

09:38:35 research, University of Florida.

09:38:38 It was funded by the industry.

09:38:41 Hundreds of thousands of dollars.

09:38:45 I'm not in their field but I'm a Ph.D. and I have

09:38:48 published peer review research.

09:38:52 Last year in front of the EPC over at the county

09:38:54 building saying that they could use data from Wisconsin

09:38:57 and Canada, but we couldn't use data from Sarasota.

09:38:59 So there's something going on there.

09:39:02 And you know yourself if you get $100,000 on the

09:39:05 campaign contribution, you hate to have to do that

09:39:08 stuff.

09:39:08 But there are expectations when that happens.

09:39:10 Please pass the ban including the summer sales ban.

09:39:13 Thank you very much.

09:39:15 >>CHARLIE MIRANDA: Thank you very much.

09:39:16 Next, please.

09:39:16 >> Good morning.

09:39:19 My name is Sharon Samek.

09:39:21 I live at 8766 Ashworth Drive in New Tampa and I'm here

09:39:25 to speak on agenda item 66.

09:39:28 I ask you to vote against an alcohol permit for the

09:39:33 Muvico theater.

09:39:35 >>CHARLIE MIRANDA: Excuse me, that's set for public

09:39:36 hearing.

09:39:36 We cannot speak on that now because that is set for a

09:39:39 certain time certain.

09:39:40 >> Oh, I'm sorry.

09:39:43 >>CHARLIE MIRANDA: You have to be sworn in and all of

09:39:44 that.

09:39:45 It's at 9:30 but we are already passed 9:30.

09:39:48 So time certain for a later date right now.

09:39:51 Later hour, I should say.

09:39:53 Thank you very much.

09:39:53 Next, please.

09:39:54 >> Cathy Harrellson, in 44th Avenue Northeast in

09:39:59 St. Petersburg, AKA yacht and land.

09:40:02 I'm here, managed to make it all the way across the

09:40:06 bay, but I do also serve on the Tampa Bay estuary

09:40:10 program education committee for fertilizer, and it's

09:40:13 been so interesting since we passed the ordinance over

09:40:16 there trying to figure out how not to include you.

09:40:19 So in the education materials, because, you know, it's

09:40:22 difficult to try to stop, just like we can't stop the

09:40:25 water at the county line, we can't stop the media and

09:40:29 the education, so we hope that some of it has come

09:40:32 over, but we certainly also hope that you pass this

09:40:35 ordinance and enable the education campaign to really

09:40:39 reach across the bay.

09:40:40 And I would also like to say, it's not a fertilizer

09:40:43 ban.

09:40:44 And that's been said.

09:40:45 It's really about changing the way we apply fertilizer,

09:40:50 creating firm guidelines so we know when and how to

09:40:54 apply it, and actually creating some new products that

09:40:57 Florida companies are able to bring to market here in

09:40:59 the Tampa Bay area.

09:41:00 So I urge you to pass the ordinance.

09:41:03 The thank you very much.

09:41:07 >>CHARLIE MIRANDA: Next, please.

09:41:08 >> I'm Jennifer Lux, 11505 Arica Road in Tampa here to

09:41:15 talk about the fertilizer issue.

09:41:17 I want to thank you guys for taking up the issue.

09:41:20 It's important.

09:41:21 Just as the state legislature took it up as well.

09:41:25 And what we are trying to accomplish here really is

09:41:27 effective rules, something that can be enforced and

09:41:30 something that really is going to deliver real results.

09:41:33 And as you guys all know, this is not the time for

09:41:37 redundancy in government.

09:41:43 As you guys well know, Hillsborough County has already

09:41:45 done the research on this issue.

09:41:46 They found that a ban, a sales ban would be impossible

09:41:50 to enforce at the local level, which is why they put in

09:41:53 the restriction that are currently in place.

09:41:57 The additional ordinance that's been proposed is

09:42:02 duplicative, and not that education doesn't need to be

09:42:05 done, but it certainly would be more effective at a

09:42:09 statewide level.

09:42:10 And one such instance of something that was a little

09:42:12 more effective is the Florida urban turf rule that's

09:42:16 already in place.

09:42:17 There are serious restrictions already in place on

09:42:19 fertilizer in the State of Florida.

09:42:21 And it was enacted in 2009.

09:42:25 And there's been a 70% reduction in phosphorus and 30%

09:42:29 reduction in the use of nitrogen in fertilizers.

09:42:33 So that's a great example where we take a more

09:42:36 strategic level from a statewide view, you can have

09:42:38 real results that can be enforced.

09:42:43 Florida waterways, we keep talking about Tampa Bay, and

09:42:45 certainly the importance of making sure that Tampa Bay

09:42:47 is taken care of.

09:42:49 But to be truly effective, to have it enforced as it

09:42:54 needs to be enforced, monitored as needs to be

09:42:57 monitored and see the results that you really want to

09:42:59 see, we need to approach this from a statewide level,

09:43:02 so that we don't have constituents that are receiving

09:43:05 some of the information, restrictions from the county,

09:43:09 some from municipalities, some from the City of Tampa.

09:43:11 So I would say it's certainly important to the State of

09:43:14 Florida and especially with all of our tourism to make

09:43:16 sure that our waterways are safe and healthy, but in

09:43:20 order to do so, it doesn't require the City of Tampa to

09:43:23 spend extra money that's already been spent by the

09:43:25 county, and instead perhaps use those funds or work

09:43:27 with the state to get education and certain

09:43:32 restrictions in place on a statewide level writs really

09:43:35 going to matter for all of the water.

09:43:37 Our water does not stop at the end of the City of

09:43:39 Tampa.

09:43:39 It flows everywhere.

09:43:41 I would just ask that you guys work in concert with the

09:43:43 state.

09:43:45 >>CHARLIE MIRANDA: Thank you very much.

09:43:46 Next, please.

09:43:46 >> Good morning.

09:43:48 I'm John Grant, live at 10025 Orange Grove Drive in

09:43:55 Tampa.

09:43:56 I rise in opposition to the fertilizer ordinance and

09:43:58 want to speak on a couple of points.

09:44:00 The others touched on the environmental.

09:44:02 I want to talk about the economic.

09:44:04 First of all, I want to commend you for your concern

09:44:06 for the environment.

09:44:07 We all are concerned with the environment in our city.

09:44:11 But I think this ordinance is taking the wrong

09:44:13 approach.

09:44:13 The State of Florida considers this to be a very

09:44:15 important issue.

09:44:17 House bill 7215 passed the house by a vote of 110 to

09:44:21 nothing, and by the Senate 37 to 1.

09:44:24 I invite to you look at the 14 page staff analysis on

09:44:27 this bill.

09:44:27 I was there in Tallahassee following this process.

09:44:32 This is my 32nd consecutive session.

09:44:35 Most of it as a member, and I want to a sure you that

09:44:38 the department of consumer affairs, the house committee

09:44:41 on consumer affairs, Department of Agriculture, put a

09:44:44 great deal of scientific study into this.

09:44:48 It was not a knee jerk reaction at all.

09:44:51 And I suggest what the council is trying to do is get

09:44:54 under the grandfather wire and really this needs to

09:44:57 have more working, more deliberation.

09:45:00 I think there's a problem with enforcement because you

09:45:02 have delayed application, until 2012, so I they've you

09:45:07 are going to be preempted by the state statute anyway.

09:45:10 In fact it's an issue for the courts to consider at a

09:45:12 later date if this should be passed.

09:45:14 But I want to point out a couple of economic issues,

09:45:17 Mr. Chairman.

09:45:18 Later this morning you are going to see a PowerPoint.

09:45:21 And one of the things that PowerPoint is going to say

09:45:23 is that enforcement/compliance is enhanced by point of

09:45:27 sale restriction.

09:45:28 I want to suggest to you that that's not true.

09:45:32 We are dealing with an ordinance that deals only with

09:45:35 the City of Tampa.

09:45:36 And what you are going to do is simply cause people to

09:45:39 drive outside of the city limits, anywhere in

09:45:42 Hillsborough County.

09:45:42 Hillsborough County has adopted a responsible

09:45:44 ordinance, and I would suggest that you ought to let

09:45:47 that stay in place, the State of Florida has passed a

09:45:51 responsible statute which will become law as soon as

09:45:56 it's signed by the governor, is currently on his desk.

09:46:00 But somebody earlier said that there were 50 cities

09:46:04 from here to Naples that adopted these ordinances.

09:46:07 Yes, that's a half truth.

09:46:08 But sometimes a half truth is a whole lie.

09:46:11 Most of those do not deal with point of sale.

09:46:13 They deal with application.

09:46:15 And that's a whole different issue.

09:46:17 And it's not that people are going to have to drive to

09:46:20 Georgia in order to buy fertilizer.

09:46:23 They simply go two miles to Dale Mabry at Home Depot.

09:46:28 (Bell sounds)

09:46:28 And it's been noted and will be noted in the

09:46:31 PowerPoint.

09:46:31 I realize my time is up.

09:46:33 >>CHARLIE MIRANDA: I run a very strict time limit, and

09:46:36 I gave you an extra 30 seconds.

09:46:37 We got the drift.

09:46:40 We understand.

09:46:42 We got it all, sir.

09:46:43 I appreciate you coming down and spending your time and

09:46:45 morning with us.

09:46:47 Next, please.

09:46:47 >> Ingrid Smith.

09:46:52 >> Let me say this.

09:46:54 As soon as the young lady back there, the last one with

09:46:56 the real nice long hair -- I say that because I don't

09:46:59 have any -- comes up, that will be the last speaker on

09:47:02 this subject matter.

09:47:03 Yes.

09:47:03 >> Thank you for your time.

09:47:06 My name is Ingrid Smith, 5605 North Suwannee Avenue,

09:47:10 Seminole Heights, Tampa.

09:47:12 Regarding the gentleman brought up about code

09:47:15 enforcement, and enacting having code enforcement be

09:47:20 able to do that.

09:47:21 One of the best ways to enforce it is the point of

09:47:24 sale.

09:47:25 If it's not available for sale, they can't put it on

09:47:27 their lawns.

09:47:28 Just like the ban several years ago, people said they

09:47:35 would cross the line, go somewhere else and buy it.

09:47:38 That might happen the first one or two times.

09:47:40 But given the price of gas and other things that you

09:47:42 have to do in your schedule, you are going to find

09:47:46 something else.

09:47:49 Fertilizers, this is not a ban on all fertilizers, just

09:47:53 the ones that are causing us harm.

09:47:55 And would you sit and muddy up your car on purpose and

09:48:01 then pay someone to detail it?

09:48:03 If we don't do something about the phosphorus that's

09:48:07 basically what we are doing, dumping something in and

09:48:09 using our tax dollars to pay somebody else to take it

09:48:12 out.

09:48:13 And what do you get for the result of it but something

09:48:16 that you are throwing away anyway?

09:48:18 And if the fertilizers are making your grass green,

09:48:24 they are definitely making the algae as well.

09:48:28 So the thing that makes common sense is saving.

09:48:33 Point of sale is an effective way.

09:48:35 If it's not on the shelf we can't dump it.

09:48:37 As much as regarding Hillsborough, there are some

09:48:39 people in my neighborhood dumping.

09:48:41 And using whatever fertilizer happens to be on the

09:48:43 shelf that's on sale.

09:48:45 And if it's on sale they are going to buy it and put it

09:48:52 in the cart.

09:48:52 And you are trying to understand what the measurements

09:48:55 are for this spreader, for that spreader, you look at

09:49:00 it and say the half bag is good, a whole bag must be

09:49:05 better.

09:49:07 You look down behind you.

09:49:11 And that's basically how most people do their yard.

09:49:14 This is for residential.

09:49:16 There are other communities that have been doing this

09:49:18 longer than us like Sarasota and Lakewood Ranch.

09:49:20 They now have healthier yards going to the summer.

09:49:26 There are alternatives and the market has shown, your

09:49:31 jobs are not affected, the market will find other and

09:49:34 better options to use.

09:49:35 (Bell sounds).

09:49:38 >>CHARLIE MIRANDA: Next, please.

09:49:38 >> Good afternoon.

09:49:47 Good morning.

09:49:47 My name is Chris Costello.

09:49:49 I am a club representative and my office is in

09:49:52 Sarasota.

09:49:53 Our campaign is a statewide won.

09:49:56 I will be brief.

09:49:58 You received a packet that includes the first page of

09:50:04 this document.

09:50:05 This is the Florida yards and friendly neighborhood

09:50:07 handbook.

09:50:08 It's been published by -- if you go to the second page

09:50:11 of your document, it's been published by ISIS since

09:50:16 1994.

09:50:17 Since that time, they have been recommending the

09:50:22 provisions that are found in your ordinance.

09:50:26 For that many years, people have been learning being

09:50:30 educated, but it hasn't been enough.

09:50:32 The third page of your packet is a list of ordinances.

09:50:36 All of those ordinances, all they have done is codified

09:50:40 what ISIS and FDEP have been saying since 1994.

09:50:45 So this isn't a crazy tree hugger thing.

09:50:52 This is commonsense approach to saving our water

09:50:56 supply, that the League of Cities and the association

09:50:59 of counties and the Florida stormwater have fought

09:51:02 against preemption of these things since the

09:51:05 legislative session in 2007.

09:51:08 We have prevailed in all of those five legislative

09:51:12 sessions because it is common sense.

09:51:14 I also have handed you this.

09:51:16 This is one of my favorite materials, the be Floridian

09:51:20 campaign has created.

09:51:21 Greetings from Tampa Bay where Floridians know better

09:51:24 than to fertilize during the summer.

09:51:26 This is ready to come to the City of Tampa as soon as

09:51:29 you vote yes on this ordinance.

09:51:32 Lastly, Scott's miracle grow and some other industry

09:51:36 representatives have fought these ordinances from the

09:51:38 beginning.

09:51:40 Scott's miracle grow had, since 2007 when Sarasota

09:51:43 County passed their ordinance, to create a Florida

09:51:46 friendly ordinance friendly product.

09:51:49 They have yet to do so.

09:51:50 On January 1st of this year, when noncompliant

09:51:54 products were taken off the shelves in Pinellas County,

09:51:58 the only Scott's miracle grow was their organic

09:52:02 product.

09:52:02 They continue to fight these ordinances.

09:52:03 I say it's high time that miracle grow step up to the

09:52:08 plate like all the Florida companies have and create a

09:52:10 product that is compliant and sustainable for our part

09:52:13 of coastal Florida.

09:52:14 Thank you.

09:52:16 >>CHARLIE MIRANDA: Thank you very much.

09:52:17 Next, please.

09:52:17 >> Chris Wible.

09:52:22 Good morning, Chairman Miranda, council members.

09:52:25 We respectfully request that council allow sufficient

09:52:27 time to listen to all viewpoints, information, as well

09:52:32 as learnings from similar ordinances that were proposed

09:52:35 in our neighboring communities.

09:52:37 The Hillsborough County commission considered a nearly

09:52:41 identical ordinance last year and decided against most

09:52:45 of its key provisions.

09:52:47 After learnings that, one, the proposed ordinance would

09:52:52 result in less than a one half of one percent reduction

09:52:56 in nitrogen in the bay, and secondly, after learning

09:52:59 from the D.E.P. that the key assumptions and provisions

09:53:05 that supported that ordinance were not correct.

09:53:13 They questioned the assumptions, mainly the fact that

09:53:15 fertilizer use in contribution to Tampa Bay was being

09:53:17 overestimated.

09:53:21 They also at the same time denied the application for

09:53:24 annuity rent reduction for the ordinance proposal.

09:53:28 We also respectfully request that you consider the

09:53:32 input from the state agencies as well as from the Tampa

09:53:35 Bay estuary programs report that is issued in 2008,

09:53:40 prior to implementation of the statewide rule.

09:53:46 2008 passed the statewide fertilizer rule that

09:53:48 significantly restricted and limited the fertilizer

09:53:52 nitrogen and phosphorus content and fertilizer product

09:53:55 that can be sold and used across the state including in

09:53:59 Tampa Bay.

09:54:01 As the prior speaker stated, the urban turf rule that

09:54:05 was applied statewide and went into effect in 2009 is

09:54:08 projected to reduce nitrogen use in the state by over

09:54:13 25%.

09:54:14 That has been in place.

09:54:17 And we are seeing those effects.

09:54:20 The rule was set to establish environmentally protected

09:54:23 standards across the entire state to ensure that surf

09:54:27 grass could be maintained, and be maintained in a way

09:54:31 that eliminated excessive use or overuse and minimize

09:54:35 those inputs.

09:54:36 Those considerations were not taken into account

09:54:39 whenever the district program model and ordinance in

09:54:43 front of you was drafted.

09:54:44 More recently, the county of Manatee considered similar

09:54:50 ordinance, and also rejected these key provisions.

09:54:53 (Bell sounds).

09:54:55 >>CHARLIE MIRANDA: Thank you very much, sir.

09:54:57 Next, please.

09:54:57 >> Good morning.

09:54:59 My name is Hugh Gramling, and I represent Tampa Bay

09:55:03 Wholesale Growers and the Nursery Growers and Landscape

09:55:06 Association.

09:55:07 And we want to urge you to follow the science.

09:55:10 The science is the key factor here.

09:55:13 And we find it very unusual that you haven't asked for

09:55:17 input from the University of Florida ISIS on the

09:55:20 science involved in this.

09:55:22 I will tell you, like Councilwoman Mulhern, as Tampa

09:55:29 Bay estuary board policy member, and I don't support

09:55:34 this at all.

09:55:35 I think the information you have been given is very

09:55:38 selective, and it does not have any science to support

09:55:41 it.

09:55:41 There's no science to support that a ban works.

09:55:44 There's no science out there that supports there's any

09:55:47 legitimate run-off from a properly fertilized lawn.

09:55:52 If you want to reduce nitrogen in Tampa Bay, I suggest

09:55:56 a far more effective method would be to look at your

09:56:01 Howard F. Curren water treatment plant.

09:56:04 You dump 55 million gallons of treated wastewater, and

09:56:08 unquestionably one of the highest treated wastewaters

09:56:11 in the state into Tampa Bay.

09:56:12 That is giving approximately 90 times of nitrogen into

09:56:17 the bay.

09:56:17 You are talking about 8 tons here with no science to

09:56:22 support it.

09:56:23 I urge to follow the science and consult with proper

09:56:26 scientific agencies like ISIS and FDEP to give

09:56:30 guidance.

09:56:31 Thank you.

09:56:31 >>CHARLIE MIRANDA: Thank you very much, sir.

09:56:32 Next.

09:56:34 I'm sorry, one second.

09:56:36 I cut the line off.

09:56:38 I'm just making it very clear.

09:56:40 I don't know if you think you are going to speak, but I

09:56:43 don't believe you are.

09:56:44 Next.

09:56:44 >> My name is Roger Copp.

09:56:48 907 South Rome in Tampa.

09:56:50 I'm a water resources engineer.

09:56:52 I work for ADA engineering also located here in Tampa.

09:56:56 My business is watershed management for protecting

09:56:58 water quality.

09:56:59 I support the ordinance.

09:57:00 And I recommend that you vote yes.

09:57:04 >>CHARLIE MIRANDA: Thank you very much.

09:57:04 Next, please.

09:57:05 >> Good morning City of Tampa and council members.

09:57:07 My name is Paul Gordon Goodman, 13757 Juniper Blossom

09:57:09 Drive, number 201.

09:57:15 This is a very comprehensive issue.

09:57:17 I'm for business and profit.

09:57:19 I think actually an application ordinance may be most

09:57:22 effective and the benefits of protecting the waterways

09:57:25 and effort wares that are pretty much historically been

09:57:28 the drain field for affluent and not all the problems

09:57:32 are caused strictly by fertilizer.

09:57:34 That can't be blamed for all the red tide and the

09:57:37 excessive knot rents that enter the waterway and cause

09:57:41 the algae problems, et cetera.

09:57:42 But I think would really promote -- and I am asking you

09:57:45 not to shelf this issue, but the thoughts that I have

09:57:48 are that we can address this concern and to educate the

09:57:51 public as far as the benefits -- and there are cost

09:57:54 effective, actually less costly alternatives to

09:57:58 fertilizer applications, and in many instances to

09:58:01 benefit the public consumer.

09:58:03 I think that's the proper role of government.

09:58:06 And I would ask that you further -- promoting the

09:58:11 advancement, and let's not just go by what other

09:58:15 jurisdictions or other governments have done.

09:58:17 Yes, they are an example.

09:58:18 I think that Tampa has the opportunity to innovate and

09:58:21 be a leader in this matter because we have substantial

09:58:24 vested interest in our particular unique situation as

09:58:27 far as our location.

09:58:30 Thank you very much for your consideration.

09:58:31 >>CHARLIE MIRANDA: Thank you very much.

09:58:32 Next, please.

09:58:32 >> I'm Sherrie Gill, 4010 North Bulova, and thank you

09:58:39 for the opportunity to speak.

09:58:40 This is a new issue for me, even though -- I read this

09:58:47 this morning the first time.

09:58:49 It's very short.

09:58:50 You guys have it, I'm sure.

09:58:52 And this is my first time looking at it and I'm

09:58:54 convinced.

09:58:55 There are three things that most of us, clean water,

09:58:59 lower taxes, that pretty much I think everybody would

09:59:02 agree on.

09:59:04 It's a matter of best practices.

09:59:05 Sometimes there's better practices that are talked

09:59:08 about in here.

09:59:10 We need to change some habit.

09:59:12 Any of us, other communities.

09:59:16 Sometimes you need education but sometimes you need

09:59:18 policy changes.

09:59:19 And so the ban and education are what this ordinance is

09:59:22 about.

09:59:22 I think it would be very effective.

09:59:25 So thank you.

09:59:26 >>CHARLIE MIRANDA: Thank you very much.

09:59:28 All right.

09:59:28 We'll take that item as it appears on the agenda.

09:59:33 Any requests for consideration of legislative items

09:59:36 that were passed by the council the prior week?

09:59:39 I see none.

09:59:41 We go to consent items on the agenda.

09:59:44 And as you know, item number 2 has been moved over to

09:59:48 another date.

09:59:50 So we go to Public Safety Committee.

09:59:52 Mr. Frank Reddick.

09:59:53 >>FRANK REDDICK: Mr. Chairman, I move item 3 through

09:59:59 8.

10:00:01 >>CHARLIE MIRANDA: I have a second by Mrs. Mulhern.

10:00:03 Further discussion by council members?

10:00:04 All in favor of the motion please indicate by saying

10:00:06 Aye.

10:00:07 Opposed nay.

10:00:08 The ayes have it unanimously.

10:00:11 We go to Parks, Recreation, Culture Committee, Ms. Mary

10:00:16 Mulhern.

10:00:16 >>MARY MULHERN: (off microphone) I move 11 through 14

10:00:25 and 16 and 17.

10:00:28 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

10:00:30 All in favor of the motion indicate by saying Aye.

10:00:33 Opposed, nay.

10:00:33 The ayes have it unanimously.

10:00:35 Item 10 is withheld.

10:00:36 Item 15 was taken care of earlier.

10:00:41 Public Works Committee, Mr. Mike Suarez.

10:00:44 >> I move items 18 through 28.

10:00:49 >>MARY MULHERN: Second.

10:00:51 >>CHARLIE MIRANDA: Further discussion by council

10:00:52 members?

10:00:52 All in favor indicate by saying Aye.

10:00:55 Opposed, nay.

10:00:56 The Ayes have it unanimously.

10:00:59 Finance Committee.

10:01:03 >> Mr. Chair, I move we move items 29 through 34.

10:01:23 >> Second.

10:01:24 >> All in favor?

10:01:26 Second?

10:01:29 >>LISA MONTELIONE: I move items 36, 37 and 39 through

10:01:32 57.

10:01:35 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione

10:01:37 holding 35.

10:01:38 38 was taken care of.

10:01:39 All in favor of the motion.

10:01:41 Second by Mrs. Mulhern.

10:01:44 Indicate by saying Aye.

10:01:46 The ayes have it unanimously.

10:01:47 Transportation committee.

10:01:49 Mrs. Yolie Capin.

10:01:51 >>YVONNE CAPIN: Thank you, chairman.

10:01:52 I move items 58 through 62.

10:01:54 >> Motion by Ms. Capin, second by Mrs. Mulhern.

10:02:00 All in favor?

10:02:01 The ayes have it unanimously.

10:02:05 I need a motion to set for public hearing item number

10:02:10 63.

10:02:14 I have a motion by Mrs. Mulhern, second by Mr. Cohen.

10:02:17 All in favor of the motion?

10:02:18 The ayes have it unanimously.

10:02:29 All right.

10:02:30 We go to public hearings for second reading on proposed

10:02:33 ordinances.

10:02:34 These are quasi-judicial.

10:02:37 Anyone in the audience that's going to speak to these

10:02:39 items will have to be sworn in by the clerk.

10:02:41 These are items 64 through 73.

10:02:44 (Oath administered by Clerk)

10:02:56 I need a motion to open item 64 through 73.

10:02:59 >> So moved.

10:03:01 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mrs.

10:03:03 Mulhern.

10:03:03 All in favor of the motion indicate by saying Aye.

10:03:07 Ayes have it unanimously.

10:03:10 64 through 701 now open.

10:03:12 >>MARTIN SHELBY: I would ask that all written

10:03:13 communications which have been available for public

10:03:15 inspection at City Council's office be received and

10:03:17 filed by motion at this time.

10:03:18 >>CHARLIE MIRANDA: I need a motion.

10:03:19 I have a motion by Mrs. Mulhern, second by Mrs. Capin.

10:03:22 All in favor indicate by saying Aye.

10:03:25 Those are communications received between 64 and 73.

10:03:29 All in favor of the motion please indicate by saying

10:03:31 Aye.

10:03:33 The Ayes have it unanimously.

10:03:35 Thank you very much.

10:03:38 Item 64.

10:03:39 >> Would anyone care to speak to item 64?

10:03:56 I need a motion to close.

10:03:58 I have a motion to close by Mrs. Montelione, seconded

10:04:00 by Mr. Cohen.

10:04:02 All in favor of the motion please indicate by saying

10:04:04 Aye.

10:04:04 Opposed, nay.

10:04:05 The Ayes have it unanimously.

10:04:07 Mrs. Montelione, would you kindly take item 64?

10:04:10 >> I move an ordinance being presented for second

10:04:13 reading and adoption, an ordinance approving a historic

10:04:17 preservation property tax exemption application

10:04:21 relative to the restoration, renovation or

10:04:25 rehabilitation of certain property owned by Peter

10:04:27 Murphy and chase Clark locate ate 1001 east Columbus

10:04:32 drive and 2605 north 10th street formerly

10:04:36 1021-14th Avenue, in the Ybor City local historic

10:04:42 district based upon certain findings providing for

10:04:45 notice to the property appraiser of Hillsborough County

10:04:47 providing for severability, providing for repeal of all

10:04:49 ordinances in conflict, providing an effective date.

10:04:52 >>YVONNE CAPIN: Second.

10:04:53 >>CHARLIE MIRANDA: Roll call.

10:04:55 Vote and record.

10:04:55 >>THE CLERK: Motion carried with Reddick being absent

10:05:02 at vote.

10:05:04 >>CHARLIE MIRANDA: Item number 65.

10:05:06 Anyone in the audience care to speak on item number 65?

10:05:10 >>ABBYE FEELEY: Land development.

10:05:12 Items number 65 through 73 on your agenda require

10:05:16 certified site plans.

10:05:17 Those have been certified and have been provided to the

10:05:19 clerk.

10:05:19 We do have them available for your review.

10:05:22 Thank you.

10:05:24 >>CHARLIE MIRANDA: Thank you very much.

10:05:33 Anyone in the audience care to speak on item 65?

10:05:36 I see no one.

10:05:36 >> motion to close.

10:05:39 >>CHARLIE MIRANDA: Motion to close by Mr. Suarez.

10:05:41 Second by Mr. Cohen.

10:05:43 All in favor of the motion please indicate by saying

10:05:44 Aye.

10:05:46 The ayes have it unanimously.

10:05:49 Ms. Mulhern will read item 65.

10:05:51 >>MARY MULHERN: I move an ordinance being presented

10:05:54 for second reading and adoption, an ordinance approving

10:05:57 a special use permit S-2 for alcoholic beverage sales,

10:06:00 small venue, and making lawful the sale of beverages

10:06:03 regardless of alcoholic content beer wine and liquor

10:06:06 4(COP-X) for consumption on premises only at or from

10:06:10 that certain lot, plot or tract of land locate at 2223

10:06:14 North Westshore Boulevard, unit 227, Tampa, Florida as

10:06:18 more particularly described in section 2 hereof,

10:06:21 providing for repeal of all ordinances in conflict,

10:06:24 providing an effective date.

10:06:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern,

10:06:27 seconded by Mr. Cohen.

10:06:28 Record your vote.

10:06:29 Vote and record.

10:06:30 Item 65.

10:06:31 >>THE CLERK: Motion carried with Reddick voting no.

10:06:44 >>CHARLIE MIRANDA: Item number 66.

10:06:45 Anyone in the audience care to speak on item number 66?

10:06:48 Please come forward.

10:06:49 >>REBECCA KERT: Legal department.

10:06:51 There was a lot of discussion on this item last time.

10:06:54 So before you begin to take your testimony I want to

10:06:57 remind City Council and the audience the parameters of

10:06:59 your review.

10:07:00 This is a request for a special use permit.

10:07:02 Special using permits are uses that have been

10:07:05 determined to be allowable in certain districts if they

10:07:09 in fact meet your predetermined criteria in your code.

10:07:12 The applicant for the special use permit has the

10:07:14 initial burden to demonstrate by substantial competent

10:07:17 evidence to use a fact find theory they in fact do meet

10:07:20 the requirements of the code.

10:07:22 If in fact they do that, they are entitled to their

10:07:24 special use permit unless there's substantial competent

10:07:28 evidence in the record that they in fact do not meet

10:07:29 the provisions of your code and are adverse to the

10:07:32 public interest.

10:07:33 Substantial competent interest is expert opinion or

10:07:36 factual testimony or nonexpert factual testimony.

10:07:40 Mere speculation or conjecture about possible future

10:07:44 criminal occurrences on the property that have not been

10:07:47 proven are in fact not substantial competent evidence.

10:07:50 >>CHARLIE MIRANDA: Thank you very much.

10:08:03 I have to let the other side make their presentation.

10:08:05 We are going to come to the general portion of the

10:08:06 audience.

10:08:07 Let me clear up the legal thing first, okay?

10:08:09 >> That's fine.

10:08:10 I have a 10:30 --

10:08:12 >> I have a more problem.

10:08:14 I have six other council members that I have to adhere

10:08:17 to plus the audience plus your time plus your time, bus

10:08:21 but if I do something that is not accordingly then

10:08:23 whatever you say is not going to be held substantial at

10:08:25 any point.

10:08:26 So please let me do it this way.

10:08:28 I beg you.

10:08:28 I apologize to you.

10:08:29 >> That's fine.

10:08:30 I just have a court appearance in federal court.

10:08:32 >> I understand that.

10:08:33 >> I'll be available.

10:08:35 >> Blame me.

10:08:36 >> Good morning, council members.

10:08:42 Grace Yang, Gray Robinson law firm, 201 North Franklin

10:08:45 Street, suite 220, Tampa, Florida 33602.

10:08:51 I have been sworn.

10:08:51 And I am the representative for the applicant Muvico

10:08:55 concessions.

10:08:58 Neil Bretan, the CEO for Muvico is also appearing.

10:09:04 Two weeks ago I appeared before this council and asked

10:09:06 for your approval for Muvico's request for beer and

10:09:09 wine on-premise license.

10:09:12 I provided you all with a letter on May 16th to

10:09:14 summarize Muvico's carefully considered plans, and

10:09:18 tested plans to be a responsible alcohol vendor at the

10:09:22 starlight location.

10:09:24 Those plans included mandatory responsible alcohol

10:09:27 vendor training for all employees, special registers at

10:09:31 the concession area for beer and wine purchases, I de

10:09:35 checks, the use of wristbands, ultraviolet light hand

10:09:40 stamps for people purchasing alcohol, and other checks

10:09:43 and surveillance measures inside the movie theaters.

10:09:47 Two weeks ago there was no public opposition.

10:09:50 This council voted 4-3 to allow this to proceed to

10:09:54 second reading today.

10:09:57 I realize between first and second reading that you

10:09:59 have now received some e-mails and phone calls from

10:10:02 people urging you to vote no on this petition.

10:10:05 Based on unsubstantiated fears of worst case scenarios.

10:10:10 But their objections cannot form the sole basis for

10:10:13 your grounds to deny this petition.

10:10:18 Shared space with adults who might have -- adults who

10:10:22 might have alcoholic beverage, drink in a wide range of

10:10:25 situations.

10:10:26 They can see that in restaurants; at sporting events,

10:10:29 at concerts, where some of those concerts are dark.

10:10:36 Amusement park, the museums, the aquarium, parties.

10:10:43 They might even sit next to you an adult drinking an

10:10:47 alcoholic beverage at a movie theater in the city such

10:10:50 takes MOSI, IMAX theater, or such as the Muvico in Ybor

10:10:54 City, or such as the Channelside cinemas and the

10:10:57 Channelside district.

10:11:00 One cannot assume that there will be illegal activities

10:11:03 such as an adult passing alcohol to a minor.

10:11:07 Someone 21 and over giving alcohol to a minor is wrong,

10:11:11 it's illegal.

10:11:13 If this is the fear, then I would argue that this City

10:11:16 Council should not approve any alcohol special use

10:11:19 request out of fear that adults might buy a beer and

10:11:22 hand it off to a minor at a place of business.

10:11:27 This is a quasi-judicial process that we are under.

10:11:30 Florida courts have ruled that quasi-judicial functions

10:11:33 should not be controlled or unduly influenced by

10:11:36 opinions expressed by interested persons at public

10:11:40 hearings.

10:11:41 Instead, your city code section specifically, in

10:11:45 chapter 27, sections 27-269 and 27-272, state the

10:11:53 criteria upon which your decision should be rendered.

10:11:55 Along those lines, the use is compatible with the

10:11:59 surrounding area and preserve.

10:12:01 It conforms to the Tampa comprehensive plan.

10:12:04 The development review committee concludes that the

10:12:07 request is consistent with your land development

10:12:09 regulations.

10:12:10 The use will not negatively impact ingress and egress

10:12:14 at the property.

10:12:16 There are more than sufficient parking spaces.

10:12:19 The solid waste department has reviewed and found the

10:12:23 refuse and waste service areas satisfactory.

10:12:26 The use will not negatively impact utilities or

10:12:31 drainage.

10:12:32 The police department does not oppose the petition.

10:12:36 As referenced in their report to City Council that was

10:12:39 presented and entered into the record at first reading.

10:12:50 Muvico has addressed other restriction was beer and

10:12:54 wine integrated.

10:12:55 This is an experienced theater operator, proud of its

10:12:58 long record, of being a good business.

10:13:01 It currently has six movie theaters in Florida that

10:13:04 hold alcohol licenses.

10:13:06 Not one of those six theaters has ever been convicted

10:13:10 of the sale of alcohol to a minor, and they have also

10:13:14 successfully passed undercover inspections to test for

10:13:17 this.

10:13:19 I have given you into the record today copies of

10:13:22 Muvico's Florida liquor licenses or beer and wine

10:13:26 licenses at the six other locations along with the

10:13:28 state records confirming that there have been no

10:13:31 license complaints and no illegal actions taken against

10:13:34 any of the other six Muvicos in Florida for any alcohol

10:13:40 violation.

10:13:41 I realize these decision conditions can be hard.

10:13:43 But I ask you to please consider the code criteria

10:13:46 before you and submit to you that we have met our

10:13:49 initial burden of proof.

10:13:50 I respectfully request this council support, to pass

10:13:54 this measure today on second reading.

10:13:57 If I have any remaining time I would request that they

10:14:00 be reserved for rebuttal.

10:14:02 Thank you.

10:14:03 >>CHARLIE MIRANDA: We go to the audience portion.

10:14:05 Yes, ma'am?

10:14:07 Item 65.

10:14:09 Excuse me, item 66.

10:14:12 >> My name is Sharon Samek, 8766 Ashworth drive.

10:14:18 I'm a member of the Wharton high school PTA board.

10:14:21 I'm on the Hillsborough County council PTA and I have

10:14:24 been in communication with lots of people that live of

10:14:25 in New Tampa as well as people from the freedom high

10:14:29 school PTA, and overwhelmingly the parents of teenagers

10:14:32 in New Tampa see no need for this alcohol permit to be

10:14:36 granted.

10:14:38 On Friday and Saturday night, if you have ever gone to

10:14:40 the Muvico theater, would you see that's where all the

10:14:44 teenagers congregate.

10:14:45 It's a rite of passage for kids in middle school when

10:14:48 they are able to go to the movies for the first time

10:14:50 without their families.

10:14:51 And we very much oppose granting an alcohol permit to

10:14:57 Muvico without there being segregated seating areas,

10:15:01 secure areas that are 21 years older and only.

10:15:05 The other theaters -- I'm not aware of all the seating

10:15:09 conditions at all the Muvico theaters that they

10:15:12 referenced, but I know, for example, the bistro in

10:15:16 Wesley chapel has a separate area where only 21 and

10:15:19 older can sit.

10:15:21 At our Muvico, there would be a way for them to

10:15:24 segregate, it's like a T-shape and they could segregate

10:15:27 and say save those particular theaters, these two or

10:15:32 four will be 21 and older only.

10:15:34 They are not proposing that and that's why the people

10:15:38 in New Tampa are opposing this permit.

10:15:41 In a dark theater, it is unrealistic to think that the

10:15:44 21-year-old, whether it's 20-year-old with a fake ID,

10:15:49 isn't going to be passing alcohol along to the 17 and

10:15:52 18-year-olds that they used to go to be high school

10:15:54 with.

10:15:54 I'm being realistic.

10:15:56 We all know that our teenagers get access to alcohol.

10:15:58 And there's no reason to have it in a theater where it

10:16:03 can't be effectively policed.

10:16:04 I would say that I know a lot of other people aren't

10:16:07 here with me today, but I know that you have received

10:16:09 e-mails.

10:16:10 I hope you receive e-mails from them.

10:16:12 With regard to us not being here at the first reading,

10:16:16 I know I didn't know about it, and all the people that

10:16:18 I spoke to B didn't notch about it until the

10:16:21 St. Petersburg times had an article on it this past

10:16:24 Thursday right before a holiday weekend.

10:16:26 I want to thank the St. Petersburg times for doing

10:16:28 that.

10:16:28 I understand that Muvico said that they did post, and

10:16:31 I'm not saying that they didn't, but if any of you have

10:16:34 driven on Bruce B. Downs, you know that it's

10:16:36 impossible, and my understanding is they posted the

10:16:39 signage about the permit application on Bruce B. Downs

10:16:43 as well as the side street.

10:16:44 It's impossible to drive safely down Bruce B. Downs

10:16:48 with all the construction and have anyone actually be

10:16:52 able to read a sign about a permit application.

10:16:55 And it's a difficult time of year with kids graduating

10:16:59 for us to get other people here.

10:17:00 So that's why we are opposing it.

10:17:03 And I wish we could have had more time to get our act

10:17:06 together so we could have had more people here and

10:17:10 addressed other concerns that you might have.

10:17:15 >>CHARLIE MIRANDA: Ms. Mulhern.

10:17:15 >>MARY MULHERN: I just wanted to ask you a question

10:17:18 since I know you have to leave.

10:17:21 Your position, are you representing --

10:17:25 >> I feel uncomfortable saying that I'm representing

10:17:28 board, Wharton high school PTA.

10:17:31 Yesterday the Hillsborough County council had a

10:17:32 training for incoming presidents of all the PTAs in

10:17:36 Hillsborough County.

10:17:38 We couldn't take a vote on it so I can't say that I am

10:17:41 representing Hillsborough County board.

10:17:42 But I believe you got a low had -- if you got e-mails

10:17:46 at around 12:30, 1:00 yesterday, they would have been

10:17:49 from people who heard about it.

10:17:52 >> So my question for you, your position personally, as

10:17:57 a parent, PTA member, would you be amenable if the

10:18:04 theater agreed to segregating by which theater?

10:18:10 >> Yes.

10:18:11 I'm also active in a group of New Tampa Democrats out

10:18:14 in New Tampa, and distributed information about this to

10:18:19 our members, and I received lots of e-mails back.

10:18:21 And the e-mails that I got back were consistent with

10:18:23 that.

10:18:24 No one would be opposed to them serving alcohol if

10:18:27 there were segregated theaters or segregated seating

10:18:31 areas.

10:18:34 But the problem is a dark theater and people,

10:18:36 17-year-olds can be sitting next to ab 21-year-old.

10:18:39 >> But I don't know how many theaters, if they have

10:18:42 eight or ten.

10:18:44 If alcohol was only served for particular theaters

10:18:48 within that Muvico mall theater, complex, that would be

10:18:52 acceptable?

10:18:53 >> Yes.

10:18:53 Assuming they have an employee outside monitoring to

10:18:56 make sure it was only 21 and older.

10:18:59 >>CHARLIE MIRANDA: Again it's my fault.

10:19:01 I failed to recognize a council member who had an issue

10:19:05 with ex parte communication, Mrs. Montelione.

10:19:08 >>LISA MONTELIONE: I do want to disclose for the

10:19:16 record that I do have a -- did have a conversation with

10:19:19 Ms. Samek.

10:19:21 She is a constituent from New Tampa and we had

10:19:23 discussed my initial vote during the first hearing.

10:19:29 I reiterated the same thing that I said during the

10:19:31 first hearing, so I didn't discuss anything further

10:19:34 than what I had said on the record during the first

10:19:37 hearing.

10:19:39 I also suggested to her that if she wanted to discuss

10:19:42 further, I couldn't, but she could contact the

10:19:45 applicant's attorney, Ms. Yang from Gray Robinson, and

10:19:49 that way she could perhaps talk with Ms. Yang about

10:19:54 this petition, but I did not discuss anything further

10:19:56 than what was on the record for the first hearing.

10:19:59 >>CHARLIE MIRANDA: Thank you very much.

10:20:00 City Council attorney?

10:20:02 >>MARTIN SHELBY: I just want to know, Ms. Yang, did

10:20:04 you want to address this now, or do you feel the need

10:20:06 to do that now, or if it comes up and address it during

10:20:09 rebuttal?

10:20:10 Is there anything you wish to do now at this time?

10:20:15 If you would put that on the record, if you can.

10:20:17 >> I wanted to ask Mrs. Yang a question.

10:20:24 There is concern in some of the e-mails -- and I'm not

10:20:26 sure if some of the e-mails of that we received were

10:20:28 part of what you said that some parents had e-mailed

10:20:31 us.

10:20:32 I'm not sure if the parents you had talked to or not.

10:20:34 But some of them talked about the community.

10:20:37 And they talked -- there's one in particular that says

10:20:41 that she is concerned about the effect this might have

10:20:44 in the community.

10:20:45 And could you maybe talk a little bit, or enlighten us

10:20:49 a little bit about the character of New Tampa and the

10:20:52 community in which this particular theater is located?

10:20:58 >> It's a neighborhood theater.

10:21:00 All -- it's the movie theater that people, from freedom

10:21:06 high school, Bartels' middle school, liberty middle

10:21:10 school, Wharton high school, Bonita middle school,

10:21:15 there's not that much to do in New Tampa on a Friday or

10:21:17 Saturday night.

10:21:18 So that's where the teenagers go.

10:21:21 That's where they all go.

10:21:22 And so that's how people think of it.

10:21:25 It's a community theater.

10:21:26 It's not like in Ybor where there's not a lot of teens,

10:21:31 underaged teenagers attending.

10:21:33 It's not like MOSI which is, I assume, maybe gets some

10:21:38 USF students as well as families go together.

10:21:41 It's where the teenagers get to go.

10:21:43 And I'm sorry, but I have a court hearing.

10:21:50 >>CHARLIE MIRANDA: Mr. Suarez and Ms. Capin.

10:21:51 >> I know she has to go to federal court, and the only

10:21:54 question I was going to ask is, are you part of --

10:21:57 which association are you part of in the New Tampa

10:22:01 area?

10:22:02 >> Well, it's not -- I don't know how formal an

10:22:06 organization it is.

10:22:06 It's not a dues-paying organization.

10:22:09 >> Part of West Meadows homeowners association or --

10:22:12 >> No, I am not part of the homeowners association but

10:22:15 I'm we've the PT eh.

10:22:16 >> You have answered my question.

10:22:18 That's way wanted to know.

10:22:20 >>YVONNE CAPIN: I have a question for Ms. Yang.

10:22:31 When you mentioned the theaters that have the permit,

10:22:36 are those theaters segregated 21?

10:22:42 >> The museum of science and industry --

10:22:46 >> The MOSI theaters.

10:22:49 >> Yes, MOSI museum of science and industry does have a

10:22:53 movie theater, their IMAX theater, and it is not

10:22:56 segregated.

10:22:58 There's nothing at MOSI that says you have to be 21 and

10:23:02 over.

10:23:03 My understanding is at the MOSI theater you can have

10:23:07 adults and kids, parents and kids, sitting together at

10:23:10 the MOSI theater, and the MOSI theater permits beer and

10:23:14 wine to be brought into the theater to be consumed

10:23:17 during the movie.

10:23:18 Channelside cinemas, I am also not aware there is any

10:23:21 segregated seating there.

10:23:23 I do know for a fact that the Muvico in Ybor City does

10:23:25 not have segregated seating, and they have had

10:23:28 commingling.

10:23:29 The license there has been in effect since 2008, and

10:23:33 there has been no violations for alcohol.

10:23:37 >>YVONNE CAPIN: One more question.

10:23:38 The ushers, when the representative from Muvico was

10:23:42 here, he mentioned they were checking and they were 18

10:23:47 years old and up?

10:23:52 I remember that from the last meeting.

10:23:55 I just want to verify that when they are checking on

10:24:00 the -- the bands, he mentioned they were 18 years old.

10:24:09 >> I think you are referring to John ANSEL from Muvico

10:24:14 and some of his comments at the May 19th first

10:24:16 hearing.

10:24:17 And I apologize he could not be here for second

10:24:19 reading.

10:24:19 He had major surgery yesterday.

10:24:23 The president and CEO is here instead to be able to

10:24:26 answer questions.

10:24:27 Two issues about age.

10:24:31 The plan is for there to be two dedicated registers at

10:24:34 the concessions area where only those two registers can

10:24:39 you purchase the beer and wine.

10:24:40 At those checkpoints, they will be carded.

10:24:43 You will have ID validated.

10:24:45 They will have wristbands put on their arms.

10:24:48 They will have a hand stamp put on their hand.

10:24:50 And they will have their beer or wine in a careful and

10:24:55 specifically marked cup to distinguish it from a

10:24:57 nonalcoholic beverage.

10:24:59 The employees who are going to be at those sale points,

10:25:02 at the concessions area, are 21 and over.

10:25:07 Inside the theaters where the ushers or the managers

10:25:10 will be doing their sweeps, from the beginning to the

10:25:14 end of the movies, those ushers could be 18 or up.

10:25:19 18 and up ushers who are in the movie theaters,

10:25:23 managers, assistant managers who are going to be

10:25:27 sweeping in the theaters also are having or have had

10:25:30 their responsible alcohol training.

10:25:32 I believe they all had concluded their responsible

10:25:34 alcohol training in April, and any new highers that

10:25:37 come on as newly hired ushers or newly hired assistant

10:25:41 managers or managers will be in those theaters will

10:25:44 also have the responsible alcohol training.

10:25:48 >>YVONNE CAPIN: Thank you.

10:25:48 That answers my question.

10:25:50 >>CHARLIE MIRANDA: Mr. Suarez?

10:25:52 >>MIKE SUAREZ: Two weeks ago when you did appear here,

10:25:55 you had mentioned that you had contacted the homeowners

10:25:58 associations, and you had not received -- if I recall

10:26:02 correctly, one of the homeowners associations had not

10:26:05 received any response, and for another you said you had

10:26:08 not received any opposition.

10:26:10 Can you explain exactly what it is that you had at that

10:26:12 time?

10:26:13 >> Sure, Mr. Suarez.

10:26:15 We did comply with the city code provisions for public

10:26:18 notice.

10:26:19 Letters went out to all affected property owners.

10:26:22 We sent the public notice signs to post in front of the

10:26:27 rights-of-way as is required by law.

10:26:29 And we did notify the West Meadows homeowners

10:26:32 association, which the city Land Development

10:26:33 Coordination office advised was the nearest homeowners

10:26:40 association we were to notice.

10:26:41 I did have e-mails, and I did have a phone call, it

10:26:47 might be just e-mails, with the president of the West

10:26:49 Meadows homeowners association.

10:26:52 He confirmed that he received our notice package along

10:26:54 with the site plan, with the proposed conditions on

10:26:57 them.

10:26:58 He had expressed to me that he did not think his

10:27:00 homeowners association would have any concerns about

10:27:02 it.

10:27:05 Right before I came to your first hearing on May

10:27:07 19th, I checked again with Mr. Fallabella to remind

10:27:13 him we were going to be having a hearing on this, did

10:27:15 his homeowners association have any feedback or have a

10:27:18 position on this, that it was going to enter into the

10:27:20 record.

10:27:21 Mr. Fallabella indicated that he had recently retired

10:27:26 as the president of the homeowners association and that

10:27:28 he still did not feel there were any concerns.

10:27:31 To my knowledge, to this date, and as of today when I

10:27:34 checked the quasi-judicial box, the West Meadows

10:27:38 homeowners association appears to be staying neutral on

10:27:41 this.

10:27:42 I do not see any position letter entered into the

10:27:44 record, nor have I received any position letters from

10:27:46 any of the surrounding property owners who I had

10:27:49 notified requesting feedback.

10:27:51 >> And I agree with you, I think -- and this is kind of

10:27:55 a gap in the law in terms of the way that we do things,

10:27:59 which is sometimes homeowners associations may not be

10:28:02 directly involved with the use of that particular area.

10:28:06 In this case, with the theater, it is a regional aspect

10:28:11 as opposed to it being just a neighborhood aspect.

10:28:15 One of the things, one of the rules I try to follow is

10:28:17 to find out what kind of opposition, if any, to the

10:28:20 special use.

10:28:21 One of the things that Mrs. Samek had mentioned is

10:28:24 segregating the theater.

10:28:26 Are any of your current theaters, Muvico theaters,

10:28:30 segregated in that way as she had mentioned?

10:28:34 >> I do not believe that any of the current Muvico

10:28:37 theaters in Florida are segregated to be 21 and only

10:28:42 theaters.

10:28:43 If I may have a moment to confer.

10:28:45 >>MIKE SUAREZ: Suarez.

10:28:51 >>CHARLIE MIRANDA: State your name for the record.

10:28:57 Speak on the record.

10:28:57 >> Pardon me for speaking from the gallery.

10:29:02 >>CHARLIE MIRANDA: We need your name and address.

10:29:04 >> It's Neil, N-E-I-L, Bretan, B-R-E-T-A-N, 5620

10:29:10 northeast T-R-E-I-S-T-E, Way in Boca Raton, Florida,

10:29:17 33487.

10:29:20 We do have a theater in the BayWalk shopping center in

10:29:24 St. Petersburg.

10:29:25 We have a beer and wine license there.

10:29:28 The only reason we have segregated an four theater area

10:29:35 was in response to the city to create an art and

10:29:37 independent film theater within a theater.

10:29:41 So it wasn't the beer and wine that we were responding

10:29:45 to, to create that segregated area.

10:29:48 It was simply to create a different experience where 21

10:29:52 and over could enjoy our independent film without

10:29:56 teenagers and the disruptions and the like.

10:30:02 >>CHARLIE MIRANDA: Mrs. Montelione?

10:30:08 >>MIKE SUAREZ: I wasn't finished.

10:30:10 I want to entertain one last question.

10:30:12 Mrs. Yang, back to what was being said by Mrs. Samek

10:30:17 representing her area is this too difficult or too much

10:30:21 of a process to do segregating the theaters by 21 and

10:30:26 older?

10:30:27 >> I don't think it's the business model for Muvico.

10:30:30 >> I understand that.

10:30:31 >> it's their business mod toll make the decision and

10:30:38 make the choice we only want 21 and over inside our

10:30:40 theater.

10:30:42 They have a more heavy food and beverage component at

10:30:46 the bistro and Wesley chapel, for example, where I

10:30:49 think their target is that kind of customer base.

10:30:54 The Muvico wants to remain as an open theater for

10:30:58 families for all ages.

10:31:00 They want to be able to offer it so that mom or dad can

10:31:04 go in with their kids, mom or dad can buy a beer, and

10:31:09 sit and watch a movie with the kids next to them.

10:31:15 The attention is not to segregate people and is not to

10:31:19 forcibly separate parents and kids, for example, at the

10:31:22 movie theaters, and the commingling has not been a

10:31:28 problem at the other movie theaters that Muvico

10:31:33 operates.

10:31:33 To date they have not had --

10:31:36 >>MIKE SUAREZ: I hate to interrupt you.

10:31:38 The question was, this is not something that you all

10:31:40 would consider because it's not part of your business

10:31:41 model, you have never looked at it, correct?

10:31:46 >> I did discuss it with the client.

10:31:48 They did discuss whether they would look into

10:31:50 segregating, but, no, at this time they would really

10:31:52 prefer having to segregate out that way.

10:31:55 We don't think it's going to become a problem.

10:31:58 There's no history of any problems at any of the other

10:32:00 Muvico theaters where they have done this.

10:32:03 So it's not part of their business model.

10:32:05 We feel with the monitoring, with the ushers going

10:32:07 through, with the wristbands with, the cups, with the

10:32:11 surveillance that they do in the theaters, it will be

10:32:14 sufficient, and it will prevent the types of wrongdoing

10:32:18 that you think or are worried about that might happen

10:32:22 at the movie theater.

10:32:24 >>CHARLIE MIRANDA: Thank you very much.

10:32:25 Mrs. Montelione.

10:32:25 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:32:28 I have some questions for you, grace, Ms. Yang, and for

10:32:32 staff as well.

10:32:34 You mentioned that currently none of the other movie

10:32:38 theaters, the Muvicos, for instance, Channelside and

10:32:43 Ybor, have segregated seating.

10:32:45 But when the Ybor theater initially started serving

10:32:49 beer and wine, is my memory correct?

10:32:52 Because I have been to that theater on several

10:32:56 occasions and I recall there was a separation.

10:32:58 So I'm thinking that when that permit, that special use

10:33:01 permit was initially granted, the council seated at the

10:33:04 time may have been discussing that segregation, and

10:33:09 initially that theater was segregated seating, was it

10:33:13 not?

10:33:15 >> I did not handle the petition for the Muvico in Ybor

10:33:18 City, so I would -- perhaps Ms. Coyle or Ms. Kert or

10:33:24 somebody more familiar would address it.

10:33:27 But my understanding is there is no segregated seating.

10:33:30 You can take beer and wine into the theaters there.

10:33:33 I don't believe there was any condition imposed at the

10:33:36 time the Muvico in Ybor City was approved for

10:33:39 segregated seating.

10:33:41 And there's no condition for segregated seating as MOSI

10:33:46 either or Channelside cinemas.

10:33:48 That's just my understanding.

10:33:49 I have not thoroughly researched that as far as

10:33:51 conditions at the other sites.

10:33:56 I'm not really sure.

10:33:58 >>LISA MONTELIONE: I will ask staff when I get to my

10:34:00 questions for staff to recall that case, because I

10:34:03 wasn't here either on council, obviously, but I think

10:34:09 that was segregated seating initially when it first was

10:34:14 introduced.

10:34:15 But we can address that.

10:34:16 >> They might have segregated seating maybe for certain

10:34:21 events, they might have segregated seating just because

10:34:24 the structure and nature of that event is going to draw

10:34:26 a 21 and over crowd.

10:34:31 If they have had opera, or certain films maybe in Ybor

10:34:35 City and might not necessarily draw younger crowds.

10:34:38 And maybe just turns out to be a 21 and over crowd.

10:34:42 I'm not really sure and I would hate to speak out of

10:34:44 turn and speculate on that.

10:34:45 >>LISA MONTELIONE: I'm sorry, I didn't mean to

10:34:49 interrupt.

10:34:50 In your opening statement, and in the materials you

10:34:53 handed out, you had indicated that we were not to

10:35:00 consider the potential effect of whether someone would

10:35:06 commit an illegal act within the theater.

10:35:09 In other words, an adult buying a beverage and handing

10:35:11 it to an underage individual: But potential is part of

10:35:18 our code.

10:35:19 Just now, you talked about the potential effect of

10:35:25 whether or not this movie theater's model is comparable

10:35:32 to CINAVISTRA.

10:35:39 So even though we are being told not to consider the

10:35:42 potential but in other areas we are asked to consider

10:35:45 the potential.

10:35:45 So I find that a bit inconsistent.

10:35:49 So maybe you can enlighten me as to a reason why we

10:35:53 need to consider the potential effect of the business

10:35:55 model in one area but not the potential effects of

10:35:59 people committing illegal acts in another.

10:36:01 >> I think what I was trying to do was just to

10:36:05 differentiate the business models to say Muvico's

10:36:08 business models differs from Cinevista or Cobb theaters

10:36:14 business model, that they don't operate in the same

10:36:17 way.

10:36:18 Their business is not structured in the same way.

10:36:20 And I apologize if I conveyed --

10:36:26 >>LISA MONTELIONE: I wasn't sure if there was some

10:36:28 legal ramification.

10:36:29 >>REBECCA KERT: I believe I was the one who said that

10:36:32 it's not appropriate for you to consider conjecture or

10:36:36 the potential for possible illegal acts to occur, and

10:36:40 that is that black letter law.

10:36:43 Your decision needs to be based on the opinion of

10:36:45 expert or factual testimony by either expert or

10:36:49 nonexpert, but it cannot be based on conjecture or

10:36:53 speculation.

10:36:53 That was the pointed I was trying to make.

10:36:55 >>LISA MONTELIONE: So conjecture or speculation then

10:36:58 would be to me whether or not this movie theater would

10:37:01 be inadvertently affected by not having this business

10:37:06 model.

10:37:07 >>REBECCA KERT: The business model -- let me restate.

10:37:15 That economic base is also not what is in your code

10:37:17 criteria to consider.

10:37:18 Your code criteria that you are to consider is located

10:37:22 in your staff report, and that iso -- those are the

10:37:25 factors that Mrs. Yang spelled out earlier when she was

10:37:28 giving her testimony.

10:37:29 But it's also in your backup.

10:37:30 So you can look directly and see what criteria you are

10:37:33 to consider.

10:37:34 Anything that's not located in that criteria is not an

10:37:37 appropriate basis for you to make your decision.

10:37:43 >>CHARLIE MIRANDA: Ms. Mulhern?

10:37:49 We get more and more deeper than what we are trying to

10:37:52 get out of it.

10:37:52 Mrs. Montelione.

10:37:53 >>LISA MONTELIONE: I do want to give the petitioner

10:37:56 and the public to have the opportunity to have a fair

10:37:57 hearing and to take the time to check the issues and

10:38:04 discuss the issues that are at hand.

10:38:06 So just in all fairness, I want both sides to have the

10:38:09 opportunity to state for the record what they need to

10:38:14 state.

10:38:15 Some questions I have about potentially adverse

10:38:20 effects, and this is maybe for staff or for Cathy or

10:38:25 for Ms. Coyle to address, and that has to be, in my

10:38:33 mind, the difference between the character of the

10:38:36 neighborhood.

10:38:40 We had Ms. Samek talk become it's a neighborhood

10:38:46 theater, this is where kids go to hang out, it's an

10:38:49 area that is commercial corridor, yes, but generally a

10:38:52 bedroom community, a residential community in New

10:38:53 Tampa.

10:38:56 The effects of having a movie theater serve alcohol, is

10:39:00 it any different to you, and can you speak to that, the

10:39:03 character of serving alcohol in a movie theater located

10:39:08 in a residential bedroom community as opposed to in

10:39:13 Channelside or Ybor where we have granted alcoholic

10:39:15 beverage to movie theaters in the past?

10:39:18 And I say we, previous council.

10:39:20 >>CATHERINE COYLE: Land development.

10:39:23 What I can say is what's contained in the staff report

10:39:26 is we did find it consistent based on the code criteria

10:39:29 for the special use permit.

10:39:30 We did not find or offer any opinion on potentially

10:39:36 adverse effects because there weren't any found in this

10:39:39 particular case from a staff standpoint on this basic

10:39:42 review.

10:39:43 The bedroom community itself that we showed you in the

10:39:47 aerial is a contemporary neighborhood, and a suburban

10:39:58 setting --

10:40:00 >> A suburban setting.

10:40:01 >> The neighborhood itself is called a contemporary

10:40:04 neighborhood in the comprehensive plan.

10:40:05 But as you can see, and based on the distance

10:40:09 separation shown in the staff report, the residential

10:40:11 portion of this area is 800-plus feet away, and the

10:40:17 nearest residential type is multifamily.

10:40:20 In terms of scale, the New Tampa area is obviously much

10:40:25 more spread out and distances between things are much

10:40:28 greater, and uses themselves are built on pockets of

10:40:32 uplands surrounded by wetlands.

10:40:34 It's all connected by roadways.

10:40:37 It's an automobile oriented area.

10:40:39 It is much different than the other suburban

10:40:42 neighborhoods in the peninsula where you have a grid

10:40:45 network.

10:40:45 >>LISA MONTELIONE: And that's kind of where we were

10:40:49 going.

10:40:51 It's not the 800-foot, or they are asking for the two

10:40:54 waivers from distance criteria. But in this setting,

10:40:58 in New Tampa, the suburban neighborhood, as you call

10:41:02 it, you corrected me, that suburban setting is

10:41:06 significantly different than where Channelside and

10:41:10 where Ybor are located, where the Muvicos currently

10:41:15 have alcoholic beverage?

10:41:16 >> Within the comprehensive plan, they are designated

10:41:19 differently.

10:41:19 The Channel District and Ybor City are urban

10:41:21 neighborhoods, so they are different in character.

10:41:26 Predominantly higher density, more compact development,

10:41:30 more mix of uses and immediately adjacent to one

10:41:33 another or actually connected or vertical connected by

10:41:35 a very tight grid network, transportation network.

10:41:38 >> So we haven't talked about intensification of use.

10:41:44 Would having an alcoholic beverage permit at this

10:41:50 Muvico in New Tampa, the suburban character

10:41:53 neighborhood, be an intensification of the special use

10:41:57 permit alcoholic beverage in the urban neighborhoods of

10:42:01 Channelside and Ybor?

10:42:05 >>CATHERINE COYLE: Based on our Land Development Code

10:42:06 and what an intensification of use is embedded within

10:42:09 the change of use definition, it is not an

10:42:11 intensification of use.

10:42:12 >> I find it just logically that it would to me be

10:42:32 different in an area such as New Tampa where Ms. Samek

10:42:39 stated and many of the e-mails stated this was a place

10:42:41 where teenagers go, she said New Tampa, I think others

10:42:49 would disagree with that, but this is a place where

10:42:51 teenagers can go and a safe place where they can go and

10:42:53 hang out, whereas in Ybor and Channelside I'm not sure

10:42:57 that characteristic of that neighborhood would bring in

10:43:00 the teens and be their safe Friday night movie or

10:43:06 Saturday night movie place to go.

10:43:08 And for me I just don't want to set that maybe

10:43:16 precedent of having neighborhood theaters being able to

10:43:20 serve beer and wine.

10:43:21 And --

10:43:24 >>CATHERINE COYLE: I understand.

10:43:25 >>LISA MONTELIONE: Thank you.

10:43:27 >>CHARLIE MIRANDA: Ms. Mulhern?

10:43:28 >>MARY MULHERN: I'll try to keep this brief.

10:43:31 Ms. Yang, just a couple of questions.

10:43:37 Let me reserve this in case -- I don't want to take

10:43:39 more time than we need to.

10:43:41 You haven't given your -- have you given your rebuttal

10:43:44 yet?

10:43:46 >> No.

10:43:47 >>CHARLIE MIRANDA: Ms. Capin?

10:43:51 >>YVONNE CAPIN: So understanding Ms. Kert, we cannot

10:43:58 deny -- or we can not deny on the basis that there may

10:44:05 be someone in the future breaking the law by -- we

10:44:15 cannot consider that?

10:44:17 >>REBECCA KERT: Legal department.

10:44:18 Yes, I would agree with that restatement of what I had

10:44:21 said earlier, and you must base your decision on

10:44:25 competent, substantial evidence in the record.

10:44:27 >>CHARLIE MIRANDA: I am going to say.

10:44:28 This those council members that have spoken have all

10:44:30 spoken twice.

10:44:31 So I am going to hear the rules, unless council wants

10:44:34 to waive it.

10:44:36 Any council member who has not spoken has the floor.

10:44:40 I see none.

10:44:43 All right.

10:44:43 Let me ask one question of Ms. Yang.

10:44:48 You mentioned the six or seven other theaters in the

10:44:52 jurisdiction of this company.

10:44:54 Do all of them serve liquor till 3:00 in the morning?

10:45:00 >> I do not know, Mr. Chair.

10:45:03 >>CHARLIE MIRANDA: Then you can find out right now by

10:45:06 the gentleman you brought behind you.

10:45:07 >> I do not believe --

10:45:12 >>CHARLIE MIRANDA: I'm asking him now.

10:45:13 >> Neil Bretan.

10:45:17 The question was dop we serve till 2 a.m.?

10:45:19 >>CHARLIE MIRANDA: No, till 3 a.m.

10:45:20 >> We generally don't.

10:45:22 We don't have shows to that time.

10:45:25 And we have restricted hours both when it begins and

10:45:32 when it ends.

10:45:32 If we show a midnight show, we won't serve alcohol

10:45:36 after the midnight show.

10:45:37 And that ends at 2.

10:45:40 >> Let me ask you this.

10:45:42 How many of those theaters that you have serve any

10:45:44 alcohol to 3:00 in the morning, specifically?

10:45:50 When do they close, at what time?

10:45:51 >> It depends on the show.

10:45:53 Our latest show is usually a midnight show and we don't

10:45:56 sell alcohol after the beginning of that show.

10:45:57 >> All right, thank you.

10:46:01 Okay, Mrs. Yang, you have your rebuttal time.

10:46:06 Anybody else in the audience care Tosh speak on this

10:46:08 subject matter?

10:46:09 I see none.

10:46:10 Mrs. Yanks.

10:46:11 >> Mr. Chair, just to add to that, as far as the hours

10:46:14 of sale, the Muvico in Ybor City is a full liquor use,

10:46:18 it's a 4(COP), I believe.

10:46:20 What we are asking for at starlight 20 before you today

10:46:23 is beer and wine only.

10:46:25 I also would remind council members that in my May

10:46:28 16th letter we did propose restricted hours for the

10:46:31 sale of beer and wine, that those hours ending earlier

10:46:35 than the theater time.

10:46:36 But as has been explained, if you have a midnight

10:46:38 showing of a movie, that midnight showing of the movie

10:46:41 might not end until 2, 2:30, and that is why we are

10:46:46 requesting to have the doors open until 3:00 to

10:46:49 accommodate those kinds of popular midnight movies.

10:46:52 I think Harry potter is coming up and X-men and things

10:46:56 like that.

10:46:56 But the hours of the beer and wine would be sold in the

10:47:01 concession area would end earlier than the movie end

10:47:06 time.

10:47:06 So I wanted to clarify that again for you all.

10:47:09 Thank you for my time for rebuttal.

10:47:12 Again, I understand that this is a hard decision for

10:47:14 you all.

10:47:15 I understand that there has been opposition that has

10:47:18 come in after first reading two weeks ago.

10:47:21 However, they cannot form the sole basis.

10:47:26 I did not hear competent and substantial evidence

10:47:28 presented from the opposition that would give you

10:47:30 grounds to deny this based on your code criteria.

10:47:34 I have given you information about how Muvico proposes

10:47:38 to operate in the safe, diligent manner, to monitor at

10:47:43 the point of sale areas, and to continue to monitor

10:47:46 inside the movie theaters.

10:47:50 I have given you evidence showing a clean track record

10:47:53 that Muvico has had as evidenced by the state records,

10:47:57 and the other licenses that they have had in the state.

10:48:00 I confirmed again for you that between first and second

10:48:02 reading the Muvico in Ybor City has not received any

10:48:05 violations.

10:48:06 They have passed undercover investigations.

10:48:09 They will monitor.

10:48:10 They will safeguard.

10:48:12 And I ask you to give Muvico, my client, the chance to

10:48:15 prove itself, that they can do this at an additional

10:48:19 theater.

10:48:20 They have six that they are currently running in

10:48:22 Florida.

10:48:22 This would be their seventh.

10:48:24 Should any problems arise, of course Muvico would

10:48:27 address them.

10:48:29 But I would ask that you please support and allow

10:48:33 Muvico the opportunity to do this and offer this

10:48:37 amenity to a certain segment of their customers.

10:48:40 They did do informal polling for the course of a month

10:48:43 for guests, for visitors, who were at the movie

10:48:46 theater.

10:48:47 This is not something done haphazardly.

10:48:49 They did have management asking people at the starlight

10:48:52 20 and say, are you interested in this?

10:48:56 Would you have any objection?

10:48:57 Would you have nip concerns?

10:48:58 So this was carefully thought out before this was

10:49:01 brought to you.

10:49:02 Thank you.

10:49:03 >>CHARLIE MIRANDA: Thank you very much.

10:49:07 That's your closing?

10:49:09 FINIS?

10:49:11 >> Si, seniore.

10:49:18 Gracias.

10:49:20 >>CHARLIE MIRANDA: I knew you were going to say that.

10:49:24 Ms. Mulhern.

10:49:25 >>MARY MULHERN: I am going to ask my question.

10:49:27 Under the general standards section 27-269, number 1,

10:49:38 it says the use will ensure the public health, safety

10:49:42 and general welfare is located where proposed according

10:49:47 to standards.

10:49:48 Then at the bottom, it states, it shall be the

10:49:56 responsibility of the applicant to present evidence in

10:49:59 the form of testimony, exhibits, documents, model

10:50:03 plans, and the like to support this process.

10:50:09 So my question for you is, what is the plan, what is

10:50:14 the model for dealing with the fact that because you

10:50:21 are not segregating by age, that children and adults

10:50:27 can be go in and sit next to each other in the dark,

10:50:36 how is it possible to monitor that and ensure that the

10:50:41 general safety and welfare of, say, teenagers sitting

10:50:46 together, or adults sitting with teenagers or children

10:50:52 who are able to buy alcohol, that -- in the dark, how

10:50:56 can the applicant ensure that the children are not

10:51:01 drinking?

10:51:04 >> The applicant has experience doing this in six other

10:51:08 theaters in Florida.

10:51:08 >> What is that model in that plan?

10:51:12 >> It's detailed in the May 16th letter that I gave

10:51:15 you.

10:51:15 Would I be happy to review those again with you.

10:51:17 In our May 16th letter, we explained that at the

10:51:20 point of sale area, there's going to be ID checks,

10:51:23 wristbands, UV hand stamps, in order to check for them.

10:51:29 That alcoholic beverages, the beer and wine would be in

10:51:31 cups that look different from south drinks, let's say.

10:51:36 >> When they are seated in the theater.

10:51:41 Once you are inside the theater, you have ushers.

10:51:43 The ushers are controlling and monitoring that space.

10:51:47 And I would argue they have better control over that

10:51:49 space than you would at a movie concert, where it can

10:51:55 also get dark and throws people all over the place.

10:51:58 But they would be inside the movie theater.

10:52:00 The ushers would be sweeping throughout the movie.

10:52:03 They sweep for a number of different violations.

10:52:05 They might sweep for illegal video recording.

10:52:08 They will also be trained to sweep and to make sure

10:52:12 that people who have wristbands have been those UV

10:52:15 lights that are going to glow, the UV stamps, that are

10:52:21 going to glow and will have the cups.

10:52:23 They will be observing to see if there is any illegal

10:52:26 passing.

10:52:26 Cups over to somebody who looks like a minor.

10:52:30 They also have surveillance cameras inside each

10:52:32 theater.

10:52:33 Some of those surveillance cameras have something akin

10:52:40 to night vision where they can see the audience and

10:52:43 they can observe how the audience is behaving.

10:52:47 >> I want to know, how many theaters are in the

10:52:50 starlight theater?

10:52:52 >> 20.

10:52:52 >> 20.

10:52:53 And how many ushers are there?

10:52:56 >> In total, I think there -- there's going to be at

10:52:59 least one in each theater, plus assistant managers

10:53:02 floating.

10:53:03 >> There are 20 ushers at all times?

10:53:07 There's one usher per theater during the whole period

10:53:10 of --

10:53:14 >> Neil Bretan.

10:53:16 Depending on the crowds, you can have as many as 50 to

10:53:20 75 ushers, assistant managers, and senior managers.

10:53:26 >> You can?

10:53:29 >> In addition to off-duty police officers.

10:53:32 >> Absolutely.

10:53:33 And if I may address, there seems to be -- the theater

10:53:38 is not pitch black.

10:53:41 You still have light that is reflected off the screen.

10:53:44 We have not only the theaters where we have been

10:53:48 serving liquor, that beer and wine, that can be

10:53:51 commingled in the auditoriums.

10:53:53 We have also done sweeps for illegal camcording, cell

10:53:58 phone use, other disturbances, and these are low-light

10:54:01 cameras.

10:54:02 So even in the darkest moment of a movie they can be

10:54:07 seen.

10:54:08 >>MARY MULHERN: But the number of personnel, I have

10:54:14 never seen that many people in a movie theater.

10:54:16 At your starlight theater right now, how many on, say,

10:54:20 a Friday night shift, how many ushers are there?

10:54:26 >> Well, when you say dedicated ushers, we can have as

10:54:30 many as 75 hourly, behind the concession stands, doing

10:54:38 the bathrooms, they rotate, guest services, at the box

10:54:40 office, and again they rotate, and periodically one or

10:54:43 two will sweep.

10:54:45 There's not a person sitting in the theater the whole

10:54:48 time, if that's the impression.

10:54:53 We don't have a single usher dedicated, and it will be

10:54:56 random, periodic, because if it is regular, if there

10:54:59 are people that creative, and that motivated to violate

10:55:05 the law and share with an underage drinker, we wouldn't

10:55:08 want to regulate time.

10:55:14 We also periodically through the projection booth --

10:55:18 >>MARY MULHERN: Thank you.

10:55:19 I think you have answered my question, sir.

10:55:21 Unless you have a better number than that, I'm fine.

10:55:26 You have answered my question.

10:55:31 >>CHARLIE MIRANDA: Mr. Reddick.

10:55:32 >>FRANK REDDICK: Let me just say this.

10:55:39 There's no way you could guarantee a person would not

10:55:41 be able to have beer or wine, there's no way you could

10:55:47 do it.

10:55:47 You know, we need to sit -- just a hope that this isn't

10:55:57 going to happen, but there's no way to guarantee this.

10:56:00 Because I don't care what facility you go in, they sell

10:56:05 alcoholic beverage, somebody is going to find a way to

10:56:08 bring alcohol in a facility.

10:56:12 So you couldn't guarantee that.

10:56:22 The impression as you are sitting here that you can

10:56:28 guarantee this, that's not true.

10:56:30 Let me say this.

10:56:31 And the reason why I didn't support this the first

10:56:35 time.

10:56:36 And I am suffering from a cold here today and I have

10:56:40 been trying not to talk.

10:56:42 But I had a problem with the 3:00 closing, and the

10:56:51 showing of a 12:00 movie, and over the last two hours,

10:56:54 two and a half hours, and said won't sell after 12.

10:57:02 You have a late hour, later period of time, and, you

10:57:05 know, I have seen where I can understand selling beer

10:57:13 at a baseball game.

10:57:15 I can understand beer and popcorn at a football game.

10:57:17 But beer and popcorn at a movie at that time of

10:57:22 morning, and when you have got those who are less than

10:57:29 21 years of age, there's no way -- if someone wants to

10:57:34 do it, they are going to dot.

10:57:36 There's no way you can guarantee it.

10:57:38 And that's the reason my position is not supportive and

10:57:44 that's my position here today, and I am still not in

10:57:47 support of it, and I will vote to deny this based on my

10:57:52 previous comments, and my comments made.

10:57:57 >>CHARLIE MIRANDA: Thank you very much.

10:57:58 Anyone else?

10:58:01 Council?

10:58:01 Need a motion to close.

10:58:04 I have a motion.

10:58:05 Yes, Mrs. Capin.

10:58:07 >>YVONNE CAPIN: Yes.

10:58:09 You know, I have heard a lot about alcoholic beverage

10:58:16 beyond anything I have worked with it, I have studied

10:58:20 what our ordinances are here in the city.

10:58:28 We have again, as a society, decided, with the proper

10:58:33 regulation, and compliance, that we feel it

10:58:39 appropriate.

10:58:41 It is served in just about any venues all over the

10:58:46 city.

10:58:47 The other thing I want to point out is that I represent

10:58:51 the entire city, and Ybor City is a neighborhood like

10:58:54 every other neighborhood.

10:58:57 So with that being said, we have, again, conditions, we

10:59:06 have to have compliance, and, therefore, code

10:59:12 enforcement, or enforcement.

10:59:17 That's my statement.

10:59:18 And I appreciate you allowing me to do it.

10:59:21 >>CHARLIE MIRANDA: Thank you very much.

10:59:21 Anyone else?

10:59:22 We need a motion to close.

10:59:24 Motion by Mr. Reddick, seconded by Mrs. Montelione.

10:59:27 All in favor of the motion?

10:59:29 Opposed?

10:59:29 The Ayes have it unanimously.

10:59:31 The hearing is now closed.

10:59:32 What's the pleasure of the council?

10:59:33 >>MARY MULHERN: I am going to move to deny this

10:59:45 application.

10:59:46 I did vote for it on first reading but had not heard

10:59:52 all the testimony that we heard today or received,

10:59:57 which I guess we moved to file all of the information

11:00:06 we got, but we have a lot of e-mails, and they are from

11:00:13 parents and children, I think, and I think that we can

11:00:24 deny this request, if the applicant was willing to

11:00:27 segregate the alcohol sales to certain theaters for

11:00:32 adults, I think that people would have been satisfied

11:00:35 with that.

11:00:36 But I don't think that the applicant has met the burden

11:00:40 of showing, under section 27-269 under our general

11:00:46 standards, that it promotes that this will promote the

11:00:56 use -- will not just promote but ensure the public

11:01:00 health, safety and general welfare if located where

11:01:03 proposed and developed and operated according to the

11:01:05 plan as submitted.

11:01:06 I don't think, as Councilman Reddick said, there was

11:01:11 any testimony by the applicant which their

11:01:16 responsibility to be show us how they can make sure

11:01:19 that children cannot drink in the theater.

11:01:26 Once they are in the theater and sitting down, there is

11:01:29 just no way to make sure that doesn't happen.

11:01:31 And I think that the substantial evidence and the

11:01:35 testimony that we have from parents and children who I

11:01:41 would consider to be experts on going to the movie and

11:01:47 drinking, and those opportunities.

11:01:52 I think teenagers become experts at how to get a drink,

11:01:57 because they can't buy it legally, and they know how to

11:02:00 do that, and so do their friends who just turned 21.

11:02:04 And so I think based on that, and the fact that the

11:02:07 applicant isn't willing to segregate the theaters, the

11:02:11 drinking into just theaters for adults, I move to deny

11:02:15 this.

11:02:16 >>FRANK REDDICK: Second.

11:02:17 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern,

11:02:19 second by Mr. Reddick.

11:02:20 I have Mrs. Montelione on the floor.

11:02:22 >>LISA MONTELIONE: I just want to -- and I'm not sure

11:02:26 how to structure this, but I believe it would be an

11:02:30 amendment to Councilwoman Mulhern's motion to add that

11:02:35 it is under section 27-269, general standards, as she

11:02:41 stated, and I would specifically site for my basis of

11:02:46 denial that it would be item B-7, the control of

11:02:53 potentially adverse effects generally, and those

11:02:56 circumstances of this particular case, potentially

11:03:00 adverse effects generally on the neighborhood, the

11:03:03 city, and that again as Ms. Mulhern did state the

11:03:07 consideration for remedial measures have not been met.

11:03:13 >>CHARLIE MIRANDA: I have a friendly amendment.

11:03:16 Mrs. Mulhern, Mr. Reddick, are you willing to accept

11:03:19 that amendment?

11:03:20 Both the maker and the seconder accepts the amendment.

11:03:24 Any further discussion by council members?

11:03:25 All in favor of the original motion on the floor,

11:03:27 please signify by saying Aye.

11:03:31 Opposed, nay.

11:03:32 >>THE CLERK: Motion carried with Capin voting no.

11:03:38 And Cohen voting no.

11:03:41 >>CHARLIE MIRANDA: Okay.

11:03:41 5-2.

11:03:45 We go now to item -- let me ask legal a question.

11:03:52 These things are usually done by yes and no vote so we

11:04:00 have that recorded on the system for the record.

11:04:02 >>MARTIN SHELBY: The system is set, Mr. Chairman, for

11:04:06 motions to approve.

11:04:09 This was a motion to deny.

11:04:11 I don't know whether we need for additional roll call.

11:04:17 Does the legal department feel that's sufficient in

11:04:19 your opinion?

11:04:20 Sufficient?

11:04:21 Okay.

11:04:21 That is sufficient.

11:04:22 If I can, Mr. Chairman, just one additional matter on

11:04:24 this, with regard to my caution against ex parte

11:04:30 communication, I just want to remind council that this

11:04:37 case is subject to an appeal, and there is an appeal

11:04:40 period of 30 days.

11:04:41 So it is my recommendation that you do not discuss this

11:04:44 case during the period of the appeal, please.

11:04:48 >>CHARLIE MIRANDA: Thank you very much.

11:04:48 I don't discuss it even with myself.

11:04:50 In fact, my house has no mirrors so I can't have a

11:04:53 conversation.

11:04:54 All right.

11:04:54 We go to item number 67.

11:04:57 That item was opened.

11:05:00 Anyone in the audience care to speak on item number 67,

11:05:03 please come forward.

11:05:04 Item 67 on page 15.

11:05:13 I see no one coming forward on item 67.

11:05:16 We need a motion to close.

11:05:19 So moved by Ms. Mulhern, seconded by Mr. Suarez.

11:05:22 All in favor ever? Opposed?

11:05:24 The Ayes have it unanimously.

11:05:26 Mr. Reddick, would you please take number 67?

11:05:29 >>FRANK REDDICK: An ordinance being presented for

11:05:32 second reading.

11:05:33 An ordinance rezoning property in the general vicinity

11:05:35 of 3015 west Azeele street in the city of Tampa,

11:05:39 Florida and more particularly described in section 1

11:05:42 from zoning district classifications RM-16 residential

11:05:46 multifamily, to PD planned development, office, medical

11:05:51 and personal services, providing an effective date.

11:05:54 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick,

11:05:56 seconded by Mr. Suarez.

11:05:57 Further discussion by council members?

11:05:59 Vote and record.

11:06:00 >> Motion carried unanimously.

11:06:15 >> Anyone care to speak to item number 68?

11:06:17 On page 15?

11:06:19 >> I have to abstain from voting on item 68 due to my

11:06:22 father being involved.

11:06:25 >>CHARLIE MIRANDA: I understand.

11:06:25 You already filed the appropriate documents.

11:06:28 Anyone else in the audience?

11:06:29 Seeing none I need a motion to close 68.

11:06:31 >> So moved.

11:06:32 >> Second by Mr. Suarez.

11:06:34 All in favor of the motion indicate by saying Aye.

11:06:36 The Ayes have it unanimously.

11:06:38 Ms. Capin, will you kindly take number 68?

11:06:44 >>YVONNE CAPIN: An ordinance being presented for second

11:06:46 reading and adoption.

11:06:49 An ordinance rezoning property in the general vicinity

11:06:51 of 311 and 313 South MacDill Avenue in the city of

11:06:56 Tampa, Florida and more particularly described in

11:06:58 section 1 from zoning district classifications PD

11:07:01 planned development, office, medical and

11:07:04 business/professional, to PD, planned development,

11:07:07 office, medical and business/professional, providing an

11:07:11 effective date.

11:07:13 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.

11:07:15 Vote and record.

11:07:17 >>THE CLERK: Motion carried with Cohen abstaining.

11:07:28 >>CHARLIE MIRANDA: Number 69 on page 15.

11:07:31 Anyone care to speak to item 69 on page 15?

11:07:34 I see no one.

11:07:36 Motion to close by Mr. Reddick, second by Mr. Suarez.

11:07:39 All in favor please indicate by saying Aye.

11:07:41 Opposed, nay.

11:07:42 The ayes have it unanimously.

11:07:43 Mr. Suarez, will you kindly take 69?

11:07:46 >> I move the following ordinance on second reading, an

11:07:48 ordinance rezonings property in the general vicinity of

11:07:50 2716 west Jetton Avenue in the city of Tampa, Florida

11:07:54 and more particularly described in section 1 from

11:07:57 zoning district classifications RS-60, residential,

11:08:02 single-family, to PD, planned development, residential

11:08:05 single-family, providing an effective date.

11:08:09 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

11:08:10 Seconded by Mrs. Montelione.

11:08:14 Vote and record.

11:08:23 >>THE CLERK: Motion carried with Capin being absent at

11:08:28 vote.

11:08:31 >>CHARLIE MIRANDA: Item number 70. Anyone in the

11:08:32 audience care to speak to item number 70 on page 15?

11:08:36 I see none.

11:08:36 I need a motion to close.

11:08:39 >> So moved.

11:08:41 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

11:08:43 Montelione.

11:08:44 The ayes have it unanimously.

11:08:45 International going to go right to left.

11:08:46 Mr. Suarez, kindly take number 70.

11:08:49 >> I move to adopt an ordinance for second reading, an

11:08:52 ordinance rezoning property in the Jess general

11:08:53 vicinity of 403 Habana Avenue in the city of Tampa,

11:08:56 Florida and more particularly described in section 1

11:08:58 from zoning district classifications PD, planned

11:09:01 development, specialized medical office, to PD, planned

11:09:04 development, office, medical, business/professional,

11:09:07 retail and commercial parking, providing an effective

11:09:09 date.

11:09:10 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez,

11:09:12 second by Mrs. Mulhern.

11:09:14 Vote and record.

11:09:14 >> Motion carried with Montelione voting no and Capin

11:09:28 being absent at vote.

11:09:30 >>CHARLIE MIRANDA: Item number 71.

11:09:31 Anyone in the audience care to speak to item number 71?

11:09:34 I see no one.

11:09:35 I need a motion to close.

11:09:37 Motion by Mrs. Montelione, second by Mr. Suarez.

11:09:39 All in favor of the motion please indicate by saying

11:09:41 Aye.

11:09:42 The Ayes have it unanimously.

11:09:44 Mr. Reddick, will you take number 71?

11:09:49 >>FRANK REDDICK: Move for second reading adoption of

11:09:52 an ordinance row rezoning property in the general

11:09:56 vicinity of 2708 west saint ace bell street in the City

11:09:59 of Tampa and more particularly described in section 1

11:10:03 from zoning district classifications RS-50 residential

11:10:06 single-family to PD planned development office,

11:10:08 medical, providing an effective date.

11:10:11 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern.

11:10:12 Vote and record.

11:10:21 >>CLERK: Motion carried with Capin being absent at

11:10:23 vote.

11:10:24 >> item number 72.

11:10:25 Anyone in the audience care to speak on item number 72?

11:10:28 I see no one.

11:10:29 I need a motion to close.

11:10:30 Motion by Mrs. Montelione, second by Mrs. Mulhern.

11:10:34 All in favor?

11:10:35 Opposed?

11:10:35 The ayes have it unanimously.

11:10:37 Mrs. Mulhern, will you take tempt number 72?

11:10:40 >> Move an ordinance presented for second reading and

11:10:42 adoption, an ordinance rezoning property in the general

11:10:44 vicinity of 1901 South Dale Mabry Highway in the city

11:10:47 of Tampa, Florida and more particularly described of in

11:10:49 section 1 from zoning district classifications PD

11:10:52 planned development, restaurant, with drive-in window,

11:10:55 to PD, planned development, commercial general uses,

11:10:58 providing an effective date.

11:10:58 >> I have a motion by Mrs. Mulhern, seconded by Mrs.

11:11:02 Montelione.

11:11:03 Vote and record.

11:11:03 >>THE CLERK: Motion carried with Capin being absent at

11:11:13 vote.

11:11:14 >>CHARLIE MIRANDA: Item number 73.

11:11:15 Anyone in the audience care to speak to item number 73?

11:11:18 I see no one.

11:11:19 I need a motion to close.

11:11:22 I have a motion by Mr. Suarez, seconded by Mr. Reddick.

11:11:25 All in favor?

11:11:26 Motion passes unanimously.

11:11:28 Mrs. Montelione, would you take number 73?

11:11:33 >>LISA MONTELIONE: An ordinance for second reading an

11:11:35 adoption.

11:11:36 An ordinance rezoning property in the general vicinity

11:11:38 of 2615 West Swann Avenue in the city of Tampa, Florida

11:11:41 and more particularly described in section 1 from

11:11:43 zoning district classifications CI commercial intensive

11:11:47 to PD, planned development, office, medical and

11:11:49 business/professional, providing an effective date.

11:11:52 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

11:11:54 seconded by Mrs. Mulhern.

11:11:56 Vote and record.

11:11:56 >>THE CLERK: Motion carried unanimously.

11:12:25 >>CHARLIE MIRANDA: All right.

11:12:25 We go now.

11:12:26 Need to open public hearing number 74.

11:12:31 Non-quasi-judicial proceeding.

11:12:34 I have a motion by Mrs. Montelione, second by Mr.

11:12:37 Reddick.

11:12:40 The Ayes have it unanimously.

11:12:42 74 is now open.

11:12:42 >> Good morning, council members.

11:12:51 Sonya little, revenue and finance.

11:12:53 If I would ask if you can bring up our presentation for

11:12:55 community and investment tax.

11:12:57 I would like to take a brief moment just to walk you

11:12:59 through a little bit of the history related to the

11:13:01 community investment tax revenue, and also the process

11:13:06 for authorizing the projects that we are bringing

11:13:08 forward to you today for approval.

11:13:13 For the public purposes of the public hearing, and also

11:13:16 the actual proposed project list.

11:13:18 As you are well aware, Florida statutes allows or

11:13:24 imposes a 6% sales tax on all tangible personal

11:13:29 property sold in the State of Florida.

11:13:31 In addition to the 6% sales tax, Florida statutes allow

11:13:37 municipalities within the state to impose an additional

11:13:39 either .5% or 1%, for a discretionary tax.

11:13:50 And in July of 1996, Hillsborough County, board ever

11:13:57 county commissioners, enacted an ordinance which

11:14:01 allowed the county to levy an additional one-half

11:14:08 percent discretionary sales tax.

11:14:10 On September 3rd, 1996, Hillsborough County voters

11:14:13 actually approved the one-half-cent sales tax which is

11:14:18 more commonly known as the community investment tax or

11:14:22 CIT.

11:14:22 The tax became effective on December 1st, 1996 and

11:14:29 will sunset in September 2026.

11:14:35 To date the proceeds of the CIT have funded numerous

11:14:38 projects within our city, and just to give you an

11:14:43 indication of how this tax has benefited our community,

11:14:48 you will see a few pictures for the various projects

11:14:50 that have been funded and they include street

11:14:52 resurfacing, construction of heroes plaza along the

11:14:58 riverwalk, the New Tampa state park, improvements and

11:15:01 expansion of 40th Street, construction of Al Lopez

11:15:05 place structure, as well as city-wide sidewalk

11:15:10 construction, and also at the very bottom you will see

11:15:13 a picture of Tampa Police Department vehicles

11:15:18 Many of our vehicles for the police department are

11:15:19 purchased with these funds.

11:15:21 The way the actual tax is pursuant to an interlocal

11:15:29 agreement between Hillsborough County, the school

11:15:31 board -- the Hillsborough County school board and the

11:15:33 City of Tampa, Plant City and Temple Terrace.

11:15:37 Pursuant to this be interlocal agreement, the first 25%

11:15:42 of collections will be allocated to the school board.

11:15:48 And then the remaining amount next goes to the Tampa

11:15:51 Sports Authority to satisfy the obligation for the

11:15:55 Raymond James stadium, and then the remaining

11:15:58 allocation goes to municipalities within the city.

11:16:00 I want to take a brief moment to walk you through the

11:16:03 actual process for the allocation.

11:16:07 Right now we are completing our third five-year

11:16:10 program, and that was from fiscal year 2007 and will

11:16:16 end with this fiscal year that we are in right now,

11:16:18 fiscal year 2011.

11:16:21 We are starting the next program period, which is the

11:16:29 fourth or fifth-year period and it covers fiscal years

11:16:33 2012 through fiscal year 2016.

11:16:36 Right now, we are before you for the public hearing,

11:16:39 and we will come back to you after we walk you through

11:16:44 today the list of projects that we are proposing for

11:16:46 the upcoming program period for approval before the

11:16:51 City Council on June 23rd meeting by resolution.

11:17:00 This slide demonstrates the actual allocation for the

11:17:05 various recipients of the tax, and as you can see, the

11:17:10 first 25% coming off the top for community investment

11:17:16 tax for the program year that we are currently in

11:17:19 equates to about $108 million for the Hillsborough

11:17:22 County school board, and fifth is revenue collections,

11:17:26 actual collections from the beginning of this program

11:17:29 period, which started in fiscal year 2007 through

11:17:33 actual April 30, 2011.

11:17:36 So we still have about five months remaining to finish

11:17:40 off this program before we move into the next.

11:17:43 You will also notice that the Tampa Sports Authority to

11:17:47 date has received 44.6 million or 10.3% of the revenues

11:17:51 with the balance, the large green area there, going to

11:17:55 the local government, a total of $280 million to date.

11:18:02 This green part of the pie chart has been further

11:18:04 broken down in the next slide you have in front of you,

11:18:08 on page 6 of your presentation booklet, so that you can

11:18:11 see the actual distribution to the local government.

11:18:17 As you can see based on this pie chart, again through

11:18:20 April 30th, 2007, actual collection figures and

11:18:25 distribution to our city, it's 65.3 million, Temple

11:18:30 Terrace having 4.6, Plant City at 6.5, and with the

11:18:34 balance for the county, the larger blue area there,

11:18:38 $204.4 million.

11:18:44 This particular graphic wants to give you a little

11:18:47 history on the actual collection, and it's obvious that

11:18:51 this particular tax period closely mirrors the state of

11:18:54 our economy, where we had an obvious up through and

11:19:00 including the year 2004, and really peaking in 2006 and

11:19:05 2007, and when our economy started to face a downturn,

11:19:08 there's an obvious decline, a very massive decline

11:19:12 starting in late 2007 through 2008.

11:19:16 We anticipate that there will be some moderate growth

11:19:20 in this revenue, and we estimate for the upcoming

11:19:25 program period, growth in the neighborhood of 2.5 to 3%

11:19:29 annually, and this is reflected on the tail end where

11:19:33 you see the line starts to experience an uptick.

11:19:42 Just real briefly, I want to give you a recap of the

11:19:45 actual allocation for the prior program years.

11:19:55 You will notice the authorized project during that time

11:19:57 period totals 51.9 million.

11:20:01 They include fire rescue, fleet, parks and recreation,

11:20:04 police, public works, stormwater.

11:20:12 Moving on to program 2 which includes fiscal years 2002

11:20:15 through 2006, the total projects authorized for that

11:20:19 period were 54.4 million.

11:20:23 But also included in this was an allocation for debt

11:20:26 service.

11:20:26 During that time, the City of Tampa issued two bond

11:20:29 issues secured by the CIT tax revenues, and that this

11:20:33 was done in 2001 and 2006.

11:20:35 So there's a $20 million allocation that accounts for

11:20:38 the annual debt service attributable to those

11:20:41 outstanding bonds during that five-year period, so the

11:20:44 total authorization for program period two was 74.4

11:20:49 million.

11:20:53 Program 3, the current program period that we are in,

11:20:57 2007 and ending in fiscal year 2011, you will note that

11:21:01 the total project authorization was 52.4, and in this

11:21:06 time period, the city opted to put aside a 4.3 million

11:21:12 reserve, and the reserve was put aside to cover any

11:21:16 shortfalls for the projects that were authorized during

11:21:19 this period, and again the allocation for debt service

11:21:21 payment of a total of $77.7 million.

11:21:28 Now moving into the upcoming program year for the next

11:21:31 five years, we project that revenue for CIT will be 75

11:21:37 million.

11:21:40 Deducting our obligation to pay debt service on the

11:21:44 2001 and 2006 bond of 24.8 million, it will leave us --

11:21:50 24.8 million, it will leave us 50.27 million that we

11:21:54 anticipate will be available for projects.

11:21:57 And as part of our process, just to let you know how we

11:22:01 came up with our project list, each department

11:22:04 submitted a quite extensive list of projects, and from

11:22:08 that list the department heads were required to

11:22:11 prioritize the projects.

11:22:14 It's my understanding that the projects were

11:22:17 prioritized based on feedback from the community and

11:22:21 need, actual need associated with each project.

11:22:27 So if we can begin, the proposed list for the upcoming

11:22:33 four-year program period, program period for fiscal

11:22:39 years 2012 through 2016, we will start out with

11:22:43 economic development for structure improvements, under

11:22:48 parks and recreation we have improvements for aquatic

11:22:52 facility, Julian B. lane Riverfront Park, land

11:22:55 acquisition, New Tampa center expansion, parks and

11:23:00 recreation facilities repairs and expansions, parks and

11:23:04 recreation neighborhood projects, Perry Harvey senior

11:23:08 park.

11:23:10 Under public safety, we have various public safety

11:23:14 capital needs that will be considered for funding from

11:23:17 this revenue source.

11:23:19 Under public works, we would like to continue with the

11:23:23 investing in neighborhoods program which will include

11:23:26 sidewalks, street maintenance, street signs and

11:23:29 markings, traffic calming neighborhood projects,

11:23:33 riverwalk and riverfront restoration, water

11:23:37 reacclimation, and indirect reuse.

11:23:42 As I mentioned earlier on in the presentation

11:23:44 historically, the city has used these funds to purchase

11:23:49 our vehicles for the Tampa Police Department, and we

11:23:52 would like to proceed with that being one of the high

11:23:55 priorities for usage of this funding source.

11:23:58 And in addition to that, we would also like to satisfy

11:24:02 the city's obligation for payment to the Tampa Sports

11:24:05 Authority for capital improvement.

11:24:08 I would also just like to point out that the

11:24:14 departments and their staff have committed a tremendous

11:24:16 amount of time in putting together this list and

11:24:20 prioritize being, and it's not very easy in light of

11:24:23 the fact that there are such limited funds available.

11:24:28 As we move through the process, we have to actually

11:24:31 monitor how the funding, meaning the CIT revenues, is

11:24:37 becoming available because we are working on the

11:24:39 projections, and we are hopeful that the economy holds

11:24:42 and our projection holds so that we can at least

11:24:44 address those projects that are a huge priority to us.

11:24:49 And with that, I would like to open it for any

11:24:52 questions.

11:24:52 >> The two bond issues that we are paying the debt

11:24:57 service on, the 2001 and 2006, what are they obligated

11:25:03 for?

11:25:04 >> They were for a very similar project.

11:25:11 Do we have those?

11:25:19 For 2001 bond program, we had a total of $63.9 million

11:25:25 that actually went into a project construction fund,

11:25:28 and it funded 21.9 million for parks and recreation,

11:25:32 13.3 million for public works, 1.5 million for revenue

11:25:37 and finance, 25.57 million for the Tampa museum, and

11:25:44 half a million for Tampa Theatre, and then 1.3 was

11:25:47 allocated for technology and renovation.

11:25:49 That was for the 2001 bond issue.

11:25:52 And then the 2006 bond issue, there was a total of 17.6

11:25:58 million that went into a project fund, and 2 million

11:26:04 for Ballast Point pier and boat ramp, 1.3 million for

11:26:08 Bayshore, balustrade, 2.7 for Heroes Park, 900,000 for

11:26:16 Cyrus Green pool, Spring Hill Park Community Center

11:26:21 received $3 million, 1.5 million went to Seminole

11:26:25 gardens center, Wellswood for lighting was allocated

11:26:32 800,000, New Tampa community center was allocated 2.4

11:26:37 million.

11:26:37 Also 2.4 million went to New Tampa fields and parks.

11:26:43 McLane park freedom playground received 200,000

11:26:47 allocation.

11:26:48 100,000 was allocated to the north Seminole little

11:26:51 league, and finally the balance of 300,000 was for

11:26:56 actual bond issuance costs.

11:26:57 >>MIKE SUAREZ: Suarez.

11:27:01 >>CHARLIE MIRANDA: Other council members?

11:27:05 >>MARY MULHERN: Thank you, Mr. Chairman.

11:27:07 I think this is only every five years we get this.

11:27:11 We have to have this public hearing, is that correct?

11:27:14 >>SONYA LITTLE: That's correct.

11:27:15 And it's required by the Hillsborough County --

11:27:20 >>MARY MULHERN: I feel like I should know the answer

11:27:22 but I wasn't here the last time we got the

11:27:24 presentation.

11:27:25 Okay.

11:27:27 When the community investment tax was passed, are the

11:27:34 percentages on your pie chart on the -- for instance,

11:27:38 the '07 and '11 distribution, are those percentages

11:27:44 what were adopted at that point after the referendum

11:27:52 was passed and then we adopted this?

11:27:54 Right?

11:27:54 >> There was an interlocal agreement that was entered

11:28:00 into whereby each of the parties agreed that the first

11:28:05 25% of collections would automatically go to the

11:28:09 Hillsborough County school board, and in addition to

11:28:14 that there is affixed amount of I believe 10.6 million

11:28:17 that would be authorized for distribution to the Tampa

11:28:20 Sports Authority.

11:28:21 >>MARY MULHERN: So then when we look at the local

11:28:24 government distribution, those percentages, were those

11:28:29 set in the interlocal agreements?

11:28:32 >> There is an actual formula that's included in the

11:28:35 interlocal agreement that determines the amount of the

11:28:38 allocation, and it's based on population.

11:28:42 The extent of the formula.

11:28:44 >>MARY MULHERN: Okay.

11:28:44 So here is my big question.

11:28:47 The Sports Authority gets 10.3%, right?

11:28:55 >> It actually worked out to be that percentage.

11:28:57 There is a fixed amount through 2023, 10,000,360.

11:29:09 And then 2024 to 2026, 9,860,000, a fixed amount.

11:29:19 >> So they get that.

11:29:20 And then on your last page, the city's community

11:29:28 investment tax project list, you have the Sports

11:29:32 Authority at the bottom for capital improvements.

11:29:36 So you are proposing the city administration is

11:29:43 proposing that we take additional money from the city

11:29:52 local government allotment of C.I.T. money, and also

11:29:56 give that to the Sports Authority?

11:29:58 And my question about that is, your note says this is

11:30:02 an obligation of the city for funding.

11:30:07 So was that written into the C.I.T. in the interlocal

11:30:14 agreement, or the referendum so that not only would the

11:30:19 Sports Authority get this approximately 10%, but also

11:30:23 out of the community investment tax distribution to the

11:30:28 city, or wherever, the city still has more obligation?

11:30:36 >> Sonya little: Yes, ma'am.

11:30:42 In their allocation -- and if I can ask council to step

11:30:45 up to talk through, a separate agreement we also have

11:30:48 to satisfy.

11:30:48 >> How did that agreement -- how is that agreement --

11:30:54 was it adopted?

11:30:55 >>SAL TERRITO: Legal department.

11:30:56 We have a separate agreement with the Sports Authority

11:30:58 whereby we pay one third of their operating shortfall.

11:31:01 The county pays two-thirds.

11:31:03 This portion would help us pay that one third that we

11:31:06 owe them under separate agreements.

11:31:07 >>MARY MULHERN: And how is it that that came about?

11:31:11 Was that part of the -- did the citizens vote for that?

11:31:15 >>SAL TERRITO: This is not part of that particular

11:31:17 agreement.

11:31:17 The citizens voted, when they voted in '96, the stadium

11:31:22 was included in that.

11:31:24 This is a separate agreement that the city and the

11:31:26 county negotiated with the Sports Authority.

11:31:28 They had debt service obligation.

11:31:30 They have operating obligations.

11:31:32 And we agreed in separate agreements that the we pay

11:31:34 one third of their capital operating shortfall and the

11:31:37 county would pay two-thirds of that because it's based

11:31:40 on population.

11:31:40 Those are separate agreements, not part of the

11:31:42 referendum.

11:31:43 >> So the city and county pay their shortfall.

11:31:47 >> Yes.

11:31:49 >>MARY MULHERN: All of it.

11:31:50 We split it.

11:31:50 >>SAL TERRITO: Yes.

11:31:56 >>CHARLIE MIRANDA: The reason for that is when all this

11:31:58 was voted upon, guess what, the Sports Authority had

11:32:02 very little income.

11:32:03 That was all given away.

11:32:06 They had no money from signing, parking, no money from

11:32:10 anything coming in.

11:32:11 So somehow they have got to function.

11:32:12 This is a result of how they have got to function.

11:32:14 And you have a great question there.

11:32:16 So now it's our obligation to fund them through the

11:32:20 existing of this contract, if my memory serves me

11:32:24 direct -- correctly, in 2027, I think.

11:32:28 I'm not sure.

11:32:29 But it was a thing discussed by many individuals some

11:32:33 time back, and this is what they came up with.

11:32:37 That's all I have got to say Mr. Reddick and then Mrs.

11:32:40 Montelione.

11:32:41 >>FRANK REDDICK: Let me back up.

11:32:45 The allocations that you are speaking of when

11:32:52 Councilman Suarez -- and you read off some allocations

11:32:56 of different projects, is this the 2016 allocations?

11:33:05 >> Sonya little: It's, secured by community investment

11:33:09 tax revenue, and the bonds do mature in the year 2026.

11:33:16 So it's a stream of revenue that has been pledged for

11:33:19 the life of the actual tax to pay the debt service back

11:33:24 on these bonds.

11:33:24 And that's been accounted for.

11:33:27 If you go to slide 11 where it we talk about program 4,

11:33:33 for the next five years, you will see that we are

11:33:36 projected to receive $75 million in total revenue.

11:33:41 We deducted 24.8 million for debt service.

11:33:46 So that's where the debt is being covered through the

11:33:50 stream that we continue to expect to receive for the

11:33:53 life of the tax.

11:33:54 >>FRANK REDDICK: Let me ask you another question under

11:34:00 the community investment tax, the year '12 through '16

11:34:06 and they have different projects here.

11:34:07 The parks and recreation.

11:34:09 I see where one or two places you identify, New Tampa

11:34:19 expansion, Riverfront Park, and I see parks and

11:34:24 recreation facilities, repairs and expansion.

11:34:28 Could you be more specific on the parks you are

11:34:34 speaking of, facilities that you are speaking of?

11:34:37 >> Yes, sir.

11:34:37 That's a very good question, because when the

11:34:43 department heads came back to us and they put together

11:34:45 the list, the way that it was represented to us is that

11:34:54 there are repairs and maintenance that have to be done

11:34:56 for parks and rec.

11:34:57 Takes revenues come in simply because we are working

11:35:00 off of a limited amount of sources, and we really won't

11:35:07 know until we get into the time period.

11:35:10 It's at that time that we'll come back to you with a

11:35:12 full description of the actual projects that will be

11:35:16 funded.

11:35:18 But for now, they have segregated a whole basket of

11:35:22 projects that should be priority, and then as the

11:35:26 revenues come in, we'll could V to come back and in and

11:35:30 reprioritize with available funding, and that comes

11:35:32 back before you, before the funds are actually

11:35:34 expended.

11:35:34 >> Okay.

11:35:35 And the last question, Mr. Chairman, is that do you

11:35:38 have an estimated time frame when we might know these

11:35:43 particular projects?

11:35:46 Because I spoke with you about it, and thinking about a

11:35:52 few in particular. Is there a time frame that we might

11:35:54 have some tools when the decision will be made as to

11:35:58 which one of those projects will jump out of the box?

11:36:02 >> Yes, sir.

11:36:03 We are moving forward now, because we are moving into

11:36:06 the new program period on October 1 so we are already

11:36:13 gearing up for those moneys that will be coming in to

11:36:15 start allocating out to these projects.

11:36:18 And we are also considering all of these projects to be

11:36:21 funded in our overall budget as well.

11:36:24 So we are working on that as we speak.

11:36:31 >>CHARLIE MIRANDA: Mrs. Montelione?

11:36:32 >>LISA MONTELIONE: Thank you.

11:36:33 Mr. Reddick asked my question for me.

11:36:35 I appreciate that.

11:36:37 >>CHARLIE MIRANDA: Good job, Mr. Reddick.

11:36:39 Any further questions by council?

11:36:42 >>YVONNE CAPIN: Thank you.

11:36:43 Parks and recreation, aquatics facilities.

11:36:45 I think you answered.

11:36:46 That but do we have -- being that we have so many

11:36:49 closed this summer, do we have an idea of how many?

11:36:55 Or is that again that basket?

11:36:58 >> It's also in the basket.

11:37:00 It's my understanding this is one of the highest

11:37:02 priority areas because of the time of the year that we

11:37:04 have to focus on.

11:37:06 And we will be coming back in front of you with more

11:37:11 details about the specific locations.

11:37:14 >> I'm glad to hear that it is a very high priority.

11:37:16 Thank you.

11:37:18 >>CHARLIE MIRANDA: Thank you.

11:37:18 Two things, if I may.

11:37:22 Direct reuse.

11:37:23 It's nice to be see that word for the first time ever,

11:37:25 I think, in an administrative report.

11:37:28 It's very helpful for us when you think about jobs.

11:37:31 If you don't, you don't have jobs.

11:37:35 I'm looking forward to working with administration, all

11:37:37 of us are on council, to see that these things are

11:37:40 accomplished.

11:37:40 Secondly when you talk about $50 million left, after

11:37:45 you pay your debt service, Interbay pool is not going

11:37:49 to be open for the summer.

11:37:54 I would appreciate if you and the administration work

11:37:57 with the Parks Department, possibly keep that pool open

11:38:00 as they are throughout the city.

11:38:02 Thank you very much.

11:38:02 Any other questions by council members?

11:38:03 This is a public hearing.

11:38:04 Anyone in the public care to speak on this matter?

11:38:07 Item number 74.

11:38:08 I see no one.

11:38:13 I need a motion to close the public hearing.

11:38:16 Motion to close by Mrs. Montelione.

11:38:19 Second by Ms. Capin.

11:38:23 All in favor of the motion please indicate by saying

11:38:25 Aye.

11:38:28 Thank you.

11:38:30 We close 746789 now before we go to 76, I want to issue

11:38:34 a statement to those good people that are here on 77.

11:38:37 If you care to come up and make a three-minute

11:38:39 presentation we'll take you first.

11:38:41 If it's over three minutes we'll take you after 76.

11:38:52 >>YVONNE CAPIN: I would like to introduce them since I

11:38:53 made the motion H.I would like to introduction Sherry

11:38:56 Silk, Executive Director of the Humane Society of Tampa

11:39:00 Bay, Dennis McCall a, operations director,

11:39:03 Hillsborough County animal services, and there's

11:39:13 someone else here.

11:39:13 >> She was just going to take our picture.

11:39:17 Nancy McCollough.

11:39:19 >> And I just became on the advisory board of the

11:39:24 Humane Society of Tampa Bay, and also to let everyone

11:39:29 know that in our community and the city's constituents,

11:39:33 84% of our constituents own pets.

11:39:36 Thank you.

11:39:36 >> We have a lot of pet lovers in Tampa and

11:39:41 Hillsborough County and we will keep it to three

11:39:43 minutes or less.

11:39:43 We just wanted to highlight.

11:39:45 You have a handout.

11:39:46 Some of the innovative programs, the economy has really

11:39:48 hit us hard.

11:39:50 Pet owners and City of Tampa and Hillsborough County

11:39:53 very hard.

11:39:54 We took in over 1 that you more animals last year than

11:39:57 the year before mostly due to the economy.

11:39:59 So this outlines some of the innovative programs where

11:40:02 we transfer animals from animal services into the

11:40:07 Humane Society of Tampa Bay to find them homes.

11:40:09 We do treatments for dogs and a animal services that

11:40:12 would have to be euthanize because of their heart worm.

11:40:16 There's a lot of things we do to work together to save

11:40:18 more lives.

11:40:19 Some of the things we are doing for our citizens, our

11:40:22 assistance programs since 2008.

11:40:24 Let me just quote this number of food that we gave out

11:40:27 for the citizens for dogs and cats.

11:40:29 470,000 pounds of free dog and cat food.

11:40:33 Mostly for the citizens of Tampa who cannot afford to

11:40:36 feet their pets.

11:40:37 Let me tell you, people that have lost their jobs or

11:40:39 people that are disadvantaged or poor, a lot of them

11:40:42 have pets and love their pets just as much as anybody

11:40:44 else and weep don't want those pets to be turned into

11:40:47 animal services. So we provide the food in hopes that

11:40:50 they can keep their animals at home.

11:40:52 And sock else that we do jointly.

11:40:54 Our free shot clinics twice year, where we go out with

11:40:58 Hillsborough County animal services, we'll vaccinate

11:41:00 people's pets.

11:41:01 We do a thousand animals.

11:41:03 That's as much as we can do.

11:41:04 A thousand dogs or cats line up in the different parks

11:41:06 around our area, and we give them free vaccinations.

11:41:10 And then Dennis and his folks give out free tags so the

11:41:14 animals can be returned.

11:41:15 We have -- the next is going to be at Al Barnes park in

11:41:21 East Tampa, in December.

11:41:22 We are going to dork a food drive for the kids in the

11:41:24 neighborhood as well as the free shots and free food

11:41:26 for folks

11:41:28 Do you want to add a few things?

11:41:31 >> Dennis McCullough: In Tampa and Hillsborough

11:41:36 County, in prosecution of animal cruelty, we average

11:41:39 about one hundred case as year. It's sad that we have

11:41:42 to do that. But our citizens refuse to tolerate any

11:41:45 kind of mistreatment to animals.

11:41:47 I'm very proud of that.

11:41:49 Chief Jane Castor, who is an avid animal lover and the

11:41:53 Tampa Police Department give us tremendous support.

11:41:55 As a matter of fact, yesterday, we were on a quality of

11:41:58 life sweep at the City of Tampa, Busch Boulevard.

11:42:03 So I would like to thank you for your support.

11:42:05 Thank you very much.

11:42:05 >>> In conclusion, which I think is the most important

11:42:09 number is the dog euthanasia in the last five years in

11:42:14 our area has been reduced 57%.

11:42:16 And cat euthanasia 42%.

11:42:19 And that's because our two agencies, the Humane Society

11:42:22 of Tampa Bay and Hillsborough County animal services

11:42:23 work hand in hand to save animals.

11:42:26 If you haven't been to our facility, I would love for

11:42:28 you all to come out and give you a tour, or go visit

11:42:31 animal services.

11:42:32 It's not a sad place.

11:42:34 It's a happy place for animals.

11:42:35 Did we our best to try to find them homes.

11:42:38 Thank you.

11:42:39 >>CHARLIE MIRANDA: We really, really appreciate, and

11:42:43 appreciate Mrs. Capin for inviting you.

11:42:45 Let me say there's two council members that do have

11:42:49 things to do.

11:42:49 I'm sure all of us have things to do.

11:42:51 But these two have appointments they have to keep right

11:42:53 at 12.

11:42:54 So we are going to gov to item 76.

11:42:59 >> Good morning.

11:43:03 Jan McLean, office of city attorney, here today as Mr.

11:43:08 Miranda mentioned on item number 76.

11:43:10 First reading for an ordinance regulating phosphorus,

11:43:16 nitrogen, fertilizer.

11:43:18 Just a quick introduction and then I am going to

11:43:19 introduce Holly Greening, the Executive Director of the

11:43:24 Tampa estuary program, our representative on the

11:43:26 estuary program.

11:43:28 City of Tampa has been a member of the estuary program

11:43:30 from its inception, and that program is nationally

11:43:33 recognized.

11:43:35 We are here today because I had mentioned during our

11:43:38 workshop legislation House bill 7215 is proposed to

11:43:43 preempt local governments from regulating the sale of

11:43:47 fertilizer, and as of July 1st if you have not

11:43:51 adopted an ordinance by that time.

11:43:54 So this is for your consideration to determine if you

11:43:56 would like to do so.

11:43:58 The ordinance that you have in front of you is very

11:44:01 carefully crafted.

11:44:03 It is based on the Pinellas County model which is the

11:44:06 only ordinance within the state of Florida that has a

11:44:09 point of sale ban which is the term of art that you

11:44:12 will hear us use.

11:44:13 But it's also based on the latest addition of the model

11:44:17 ordinance by the Florida department of environmental

11:44:19 protection, the 2010 model ordinance, and it was very

11:44:26 carefully crafted and compared and coordinated with the

11:44:29 Environmental Protection Commission of Hillsborough

11:44:30 County's rule.

11:44:32 Back in 2010, this council adopted resolution 2010,

11:44:38 373, in support of and rule by the EPC which would be

11:44:44 modeled after the Pinellas County ordinance.

11:44:47 And, in fact, the resolution stated that the City

11:44:52 Council of the City of Tampa urges the Environmental

11:44:54 Protection Commission of Hillsborough County to enact

11:44:57 rules regulating fertilizer which are consistent with

11:45:00 the models proposed by the Tampa Bay estuary program

11:45:03 and the Pinellas County fertilizer ordinance.

11:45:06 I say that.

11:45:07 I have been in contact with staff at the EPC to make

11:45:10 sure that what we brought before you would not

11:45:14 interfere with the Hillsborough County ordinance.

11:45:16 It is complementary, supplemental, and more restrictive

11:45:20 than those two particular areas than the Hillsborough

11:45:22 County Environmental Protection Commission's rule.

11:45:26 However, their rule would remain in effect and

11:45:29 enforceable throughout the entire county.

11:45:38 I would like to introduce Holly Greening.

11:45:41 She was here at the workshop last week, and she has a

11:45:43 very short presentation.

11:45:45 Then we'll provide you the basis of the information and

11:45:48 background.

11:45:48 >>FRANK REDDICK: Mr. Chairman, at the workshop we had,

11:45:54 I requested that she provide an economic impact on the

11:45:59 cost of supporting this ban.

11:46:02 Do you have economic impact information for me?

11:46:05 >> To date we have not been able to find any

11:46:10 information that would support or reject any economic

11:46:13 impact on a point of sales ban.

11:46:15 And the reason being, I believe, is that there has been

11:46:18 no point of sales ban implemented until yesterday when

11:46:22 Pinellas County ordinance went into effect.

11:46:25 We have looked into the Wisconsin.

11:46:28 There's a city in Wisconsin that enacted a similar

11:46:30 ordinance, to see if bee could find information there,

11:46:34 and still in the process of seeing if I can get you

11:46:37 that information, if you adopt this before second

11:46:41 reading so you would have that before second reading.

11:46:44 But we are in the process of looking for that, sir.

11:46:46 >>FRANK REDDICK: Thank you.

11:46:50 >>CHARLIE MIRANDA: All right.

11:46:52 Ms. Greening.

11:46:53 >> Good morning.

11:46:54 I'm Holly Greening, the Executive Director of the Tampa

11:46:57 Bay estuary program, and thank you for considering this

11:47:00 important action.

11:47:02 I do have a short PowerPoint presentation.

11:47:08 The good news, sea grass has increased in Tampa Bay.

11:47:12 Many of you know.

11:47:13 Water quality is meeting targets now.

11:47:16 The water actually on an annual basis.

11:47:22 It's as clear as in 1950 because of a the actions that

11:47:26 the city and counties around Tampa Bay.

11:47:29 The city's partnership and the Tampa Bay nitrogen

11:47:32 national consortium is a very important mechanism for

11:47:35 maintaining this progress that we are seeing in Tampa

11:47:38 Bay.

11:47:39 However, we still see oxygen fueled issues in Tampa

11:47:43 Bay, that this was an algae bloom in old Tampa Bay and

11:47:48 Hillsborough bay in summer 2009.

11:47:51 So we still see some issues in the bay itself.

11:47:58 The challenge ahead for all of us -- and the city is

11:48:01 not the only one in the Tampa Bay area.

11:48:02 This includes all of the cities and counties in the

11:48:05 area -- is that to meet regulatory water quality

11:48:09 requirements from Tampa Bay, new or expanded nitrogen

11:48:14 sources associated with growth, will have to show an

11:48:16 offset in order to be permitted.

11:48:18 So, for instance, the Howard F. Curren has a permit

11:48:22 that allows to the discharge its existing amount of

11:48:25 nitrogen.

11:48:26 If the Howard F. Curren were to grow with additional

11:48:28 growth, the city would have to show that that growth in

11:48:34 excess nitrogen coming in above the permitted limit is

11:48:38 offset by other types of projects within the city

11:48:41 limits.

11:48:44 Again all the cities and counties within the area are

11:48:47 in that same position right now.

11:48:50 In addition to just Tampa Bay itself, about 77% of the

11:48:56 land right now is urban, and most of the fresh water

11:49:01 lakes and extremes are considered guard by the DEP,

11:49:04 again requiring that a reduction in the amount of

11:49:06 nitrogen and phosphorus coming into those areas.

11:49:10 One of the things that I think is very important is

11:49:12 that the consideration of a fertilizer restriction is

11:49:19 just a tool in the tool box.

11:49:21 All the cities and counties are going to have to look

11:49:23 at a number of different issues in order to be able to

11:49:26 move forward with maintaining the good progress and

11:49:29 also meeting these new requirements from D.E.P. and

11:49:32 EPA.

11:49:35 A little background on -- if I can make this go

11:49:40 forward.

11:49:42 Am I doing something wrong?

11:49:46 There we go.

11:49:47 Fertilizer and water quality.

11:49:48 (Bell sounds)

11:49:51 Information from -- should I continue?

11:49:55 >>CHARLIE MIRANDA: Yes.

11:49:55 >> Thank you.

11:49:56 79% of the nitrogen in groundwater in lake tarpon has

11:50:00 been found from Pinellas County, by fertilizers.

11:50:06 A recent estuary study in old Tampa Bay clearly

11:50:10 identifies fertilizers as the cause from surrounding

11:50:13 areas to muck accumulation in the bay, and once

11:50:18 fertilizer gets into the water, nitrogen and phosphorus

11:50:21 from fertilizer and other sources is very difficult to

11:50:24 remove, very costly to remove.

11:50:29 In terms of background for a model ordinance that was

11:50:31 developed by the Tampa Bay estuary program and adopted

11:50:34 by the policy board in 2009, at the request of the

11:50:37 policy board, staff facilitated four workshops in 2008

11:50:42 and involved 42 private and public sector

11:50:44 organizations, and we use a consensus base approach to

11:50:48 come up with recommendations that went to our policy

11:50:50 board.

11:50:53 The result of that effort and the policy board's

11:50:56 discussion was a model ordinance, a regional model

11:51:01 ordinance, including the nitrogen and phosphorus

11:51:04 application restriction during the summer rainy months,

11:51:07 and a point of sale restriction.

11:51:09 The point of sale restriction was something that our

11:51:12 policy board actually added to the recommendations from

11:51:15 the workshop as a means of enhancing the ability to

11:51:20 enforce a model oranges ordinance.

11:51:26 Local ordinances in the region include Pinellas County.

11:51:28 Again you have heard about Pinellas County ban with

11:51:31 summertime use and sales restrictions.

11:51:34 Manatee County early last week adopted an ordinance to

11:51:39 restrict the use of nitrogen fertilizer in the

11:51:42 summertime.

11:51:44 With 50% slow-release requirement the left rest of the

11:51:47 year.

11:51:47 Hillsborough County enacted a rule last year with no

11:51:52 use or sales restriction, but did prohibit the

11:51:55 application if heavy rains are forecasted.

11:52:00 So technical summary, further nitrogen reductions will

11:52:04 be necessary to meet water quality requirements by

11:52:08 D.E.P. and EPA.

11:52:10 The Tampa Bay summer rainfall patterns, very heavy

11:52:15 rainfall associated with the sea breeze every -- during

11:52:18 the summer months, show a high likelihood for runoff

11:52:24 including vegetative turf, and again nitrogen removal

11:52:28 in the surface waters can be very costly.

11:52:33 Implications for the City of Tampa.

11:52:34 A 50% compliance with the model ordinance, some model

11:52:40 estimates estimate that could result in 8-ton per year

11:52:43 reduction in the amount of nitrogen coming into Tampa

11:52:46 Bay from the City of Tampa with very significant

11:52:51 potential cost.

11:52:54 I just wanted to briefly talk a little about the

11:52:56 education campaign that the estuary program is

11:52:58 currently developing, and our policy board has funded

11:53:02 for the coming year where we are working with Pinellas

11:53:06 County and Hillsborough County to develop very

11:53:10 effective from point of sale and homeowner education

11:53:15 pieces.

11:53:20 That's currently a billboard in Pinellas County.

11:53:27 These are slides provided by Kelly levy with department

11:53:31 of management in Pinellas County as occupations, now

11:53:38 had the ordinance in place for a year, and this is the

11:53:41 start of their first summer restricted period for point

11:53:45 of sales.

11:53:47 They are seeing that on the shelf, in the retail

11:53:51 outlets, a 50% slow release is the minimum, and many

11:53:55 products have been higher percentages than that.

11:53:58 The dominant supplier has shifted from out-of-state

11:54:02 companies to Florida's manufacturer, which is something

11:54:05 that we did not expect going into this.

11:54:07 But the Florida manufacturers have stepped up to

11:54:11 provide an ordinance compliance, and increase in

11:54:17 organic fertilizers and also soil amendments and

11:54:23 micronutrient products.

11:54:25 Again this is from Pinellas County department of

11:54:28 environmental management.

11:54:29 They are here are from retailers.

11:54:31 There have been no job losses.

11:54:32 The product costs no more and in most cases costs less

11:54:36 for customers.

11:54:38 Minimal customer dissatisfaction, and the retailers are

11:54:43 happy whenever the education materials that have been

11:54:45 provided to them.

11:54:48 There are a variety of slow release and summer-safe

11:54:52 products on the shelves in Pinellas County.

11:54:54 And just a little bit about the nutrient economics from

11:55:04 Pinellas County.

11:55:05 Again the county ordinance has required zero capital

11:55:09 costs, annual operating maintenance, periodic retail

11:55:14 inspections, and complaint response and training

11:55:18 certification programs.

11:55:21 In Pinellas County their estimate is with the sales

11:55:25 restriction and the use restriction, they are

11:55:27 estimating a 22-ton reduction of the nitrogen coming to

11:55:32 Tampa Bay.

11:55:35 So in summary, key benefits of the local ordinance with

11:55:39 sales ban, residential fertilizer ordinance with summer

11:55:44 restricted period that applies to both homeowners and

11:55:47 lawn care professionals is a cost effective option.

11:55:50 Again an option for addressing the current runoff.

11:55:54 There are other options but this is one that subpoena

11:55:56 very cost effective.

11:55:58 Enforcement and compliance is enhanced by point of --

11:56:03 and simplified by point of sale restriction.

11:56:06 And consistency with the different counties and cities

11:56:09 with similar restrictions, successful education and

11:56:16 certification across the region.

11:56:17 I will be happy to answer any questions.

11:56:19 >>CHARLIE MIRANDA: Thank you very much.

11:56:19 Any questions?

11:56:20 Thank you.

11:56:20 >> Jan McLean, city attorney.

11:56:26 I did want to address a couple of items.

11:56:29 I will be very brief.

11:56:30 One of the speakers seemed to indicate their belief

11:56:34 that if you adopted this ordinance that it would still

11:56:36 not be effective, because it would, for whatever

11:56:41 reason,

11:56:44 My reading of the legislation in front of me right now

11:56:46 says in an ordinance adopted by a county or municipal

11:56:51 government before July 1st, 2011.

11:56:54 If you adopt this and send it on to second reading, if

11:56:58 you approve it, it would be on June 23rd, then

11:57:02 would go for the mayor's signature.

11:57:04 It would be my anticipation that it would be adopted

11:57:07 before July 1st.

11:57:08 And I did want to point out a couple of things, because

11:57:12 I know this has been in a very time compressed state,

11:57:15 but this is what the legislature presented us with.

11:57:19 I wanted to make sure that you understood that there

11:57:22 were exemptions, that this ordinance is not applicable

11:57:26 to golf courses.

11:57:27 This is on page 5 of your ordinance.

11:57:29 It is not applicable to specialized turf.

11:57:32 It's defined therein.

11:57:34 It's not applicable to bona fide farm operations.

11:57:37 So there's been some concern as to whether this would

11:57:39 impact agriculture.

11:57:40 It does not.

11:57:41 It's not applicable to vegetable gardens owned by an

11:57:44 individual property owners or community.

11:57:45 You can see the definition there.

11:57:47 Or to yard waste compost, mulch and other items that

11:57:51 are listed there.

11:57:53 Neither is it applicable to tree trunk injection

11:57:56 fertilization treatment, beyond my expertise, or retail

11:58:02 or wholesale, fertilizer sellers, may sell the products

11:58:06 containing nitrogen or phosphorus to specialized turf

11:58:11 managers.

11:58:11 And there's identification of what is a specialized

11:58:14 turf manager and what they have to do to prove they are

11:58:17 such.

11:58:18 There's also sections in here with regard to

11:58:21 certification and training for applicators, and retail

11:58:26 sale of fertilizer containing nitrogen and phosphorus

11:58:29 at other times of the year.

11:58:30 I just wanted to make sure that you realize there's

11:58:35 more, not so much more, but there is more in here than

11:58:38 just the point of sale ban.

11:58:41 Any questions?

11:58:42 >>CHARLIE MIRANDA: Thank you very much.

11:58:43 Let me just say very briefly, because we are running

11:58:45 real short of time, we talked about water supply.

11:58:49 It helps water supply.

11:58:50 The Howard Curren plant is one of the few plants south

11:58:53 of Atlanta with advanced tertiary treatment plant.

11:58:56 County do up to 90 million gallons a day, which is back

11:59:00 in the late 70s, and rights now it can do whatever it

11:59:03 take up to 90.

11:59:04 And we hit 90?

11:59:06 No.

11:59:07 But there's a problem. Anything we are going over 55.

11:59:10 Is it helpful to the bay?

11:59:11 Absolutely.

11:59:12 Has it been harmful to the bay?

11:59:15 In the past it was.

11:59:16 With this city and this great area, if we do what we

11:59:19 have to do, that whole area could be turned around as

11:59:24 it's slowly progressing in the right direction to make

11:59:27 it where people could come down here on vacation and

11:59:29 realize -- they call it the sea grasses and how nature

11:59:34 works and how everything feeds off of each other, and

11:59:37 how you can have a real impact economically by having a

11:59:39 wonderful place to visit and to review and to see.

11:59:43 So when you talk about that, you talk about Howard

11:59:46 Curren, that's the only salvation we have.

11:59:49 When you talk about the cost, what are the costs if you

11:59:52 don't do it?

11:59:52 You are talking about the cost to do it.

11:59:54 Well, for every action there's a reaction.

11:59:57 What's the reaction if you don't do it?

11:59:59 I think that was explained, and the costs, and I think

12:00:02 the figure was something like $56 million was the cost,

12:00:05 long-term.

12:00:06 Is this a cure-all?

12:00:08 Absolutely not.

12:00:08 Is it a beginning?

12:00:09 I believe so.

12:00:10 So what I'm saying is, somewhere, somehow, we have to

12:00:14 start.

12:00:16 When they change the fuel efficiency of automobiles, 18

12:00:20 miles a gallon, everybody said, county never be met.

12:00:22 Guess what.

12:00:23 It was met.

12:00:25 When they changed to the something higher it could

12:00:27 never be met.

12:00:28 Guess what.

12:00:28 It was met.

12:00:29 When they changed it now, they say 62 miles, if I read

12:00:33 correctly the other day, even I'm thinking, oh, that's

12:00:35 high.

12:00:36 Hopefully they can attain those things.

12:00:38 So it's a combination of working with nature,

12:00:42 combination of working with the resources that you

12:00:44 have, and most importantly it's just doing the right

12:00:48 thing.

12:00:48 Is it going to save something in the future?

12:00:51 It will.

12:00:52 Is it going to do it today and overnight?

12:00:53 I don't believe so.

12:00:54 But this is a start.

12:00:56 So change and mind set that we have, not only here but

12:01:00 throughout the whole country.

12:01:01 And I think it's beneficial that we start in some

12:01:05 direction of doing some of these items that we should

12:01:08 address to save ourselves, really, not only the

12:01:11 creatures that live in the waters.

12:01:13 And these what I am going to say right now.

12:01:15 I am going to hold the council to five minutes total.

12:01:17 Mr. Suarez.

12:01:18 I see you're anxious.

12:01:20 >>MIKE SUAREZ: Do we have to have that motion?

12:01:25 >>CHARLIE MIRANDA: Right now I have 11:59 in my clock.

12:01:28 It's really 12:02 so I wanted to tell you a little

12:01:32 political lie.

12:01:35 The bell sometimes is wrong.

12:01:38 I am going to ask council to go past time for five

12:01:43 minutes and then leave.

12:01:44 I have a motion by Mrs. Mulhern, second by Mrs. Capin.

12:01:48 The Ayes have it unanimously.

12:01:49 We have five minutes.

12:01:50 Mr. Cohen.

12:01:53 >>MIKE COHEN: I haven't said very much today because

12:01:55 I'm having some difficulty with my voice.

12:01:57 But I feel very strongly that this is a very, very good

12:02:00 idea.

12:02:02 I have visited the Curren plant and also the drinking

12:02:06 water treatment plant in the last month.

12:02:08 And I believe that the people of Tampa owe a tremendous

12:02:12 debt of gratitude to the last five mayors and to the

12:02:15 City Council that have come before us who have invested

12:02:19 in the necessary infrastructure to really improve the

12:02:22 quality of our drinking water and the quality of the

12:02:24 water in the bay.

12:02:26 And anything that we can do to be continue living in

12:02:28 the -- moving in the right direction, we have an

12:02:31 obligation to do for the future citizens in this

12:02:34 community.

12:02:36 >>CHARLIE MIRANDA: Any other council members?

12:02:37 Mrs. Mulhern?


12:02:48 >> I'll go ahead.

12:02:49 I wrote some notes while the public was speaking and

12:02:51 some said we needed more deliberation, and maybe that's

12:02:53 a good idea.

12:02:54 And what I look at is the other issues such as zoning

12:02:58 and land use, i.e., setback requirements.

12:03:04 We need to look further, much further.

12:03:06 The other point he made was point of sale restriction

12:03:09 not being effected.

12:03:11 I think you addressed that, not being affected by law.

12:03:17 And I understood nothing effective by the consumer.

12:03:20 This to me is a better argument of regulation, and I

12:03:24 would venture to say that his presentation has led me

12:03:27 not to deny but to expand and move ahead with this

12:03:32 issue for further study of more implementation.

12:03:37 Thank you.

12:03:41 >>CHARLIE MIRANDA: Ms. Montelione.

12:03:42 >>LISA MONTELIONE: I have got a couple of reasons for

12:03:47 approving this ordinance and I was looking for reasons

12:03:51 to -- I was trying to find a reason not to, and the

12:03:55 only reason I heard from the public who was speaking

12:03:58 this morning is that there were differences in the

12:04:01 basis of science.

12:04:03 There are going to be differences in reports from sine

12:04:07 scientists on many subject matters, but I -- I would

12:04:11 prefer to err on the side of caution and go with the

12:04:14 more restrictive rather than throw caution to the wind.

12:04:18 One, I look at this as a taxpayer saving initiative.

12:04:23 It's going to reduce our need to clear our waterways of

12:04:26 the vegetation growth and the algae, and really if we

12:04:30 are looking to save money in this city, that's one way

12:04:33 we can do this.

12:04:34 It protects our tourism economy, so to those who say

12:04:38 this is going to be something that prohibits or limits

12:04:42 the amount of money that can be made in Tampa, because

12:04:46 of the ban on sales, and that it's going to hurt

12:04:49 businesses, I don't believe that.

12:04:51 I believe it's going to protect our tourism economy,

12:04:54 and protect our cherished valuable asset, our

12:04:58 waterways.

12:04:59 And to that business model as well, it's promoting

12:05:02 innovation by asking companies to have products that

12:05:08 will reflect in our marketplace.

12:05:10 There are many products that can be sold, that are

12:05:13 compatible with our environment, and it's time that,

12:05:17 again, as others said, we look to the future and start

12:05:21 looking to protect our future and come up with products

12:05:26 that are necessary that we need that work for us, not

12:05:29 against us.

12:05:30 Thank you very much.

12:05:32 >>CHARLIE MIRANDA: Ms. Mulhern.

12:05:33 >>MARY MULHERN: I'm glad I waited because everyone

12:05:35 said most of way wanted to say.

12:05:37 I just want to be say that clearly this, because we

12:05:42 have the most coastline that is sitting all the bay in

12:05:50 the city and the area, and also we have the source of

12:05:53 our drinking water, the Hillsborough River, that

12:05:57 clearly this is a great way to improve the health of

12:06:01 all of our fresh water and our bays and the ocean.

12:06:07 The cost for us of having to comply, and reduce the

12:06:13 flight row general, that we would have, that we are

12:06:16 going to -- we are going to be saving money in the cost

12:06:19 of clean-up, which we heard.

12:06:21 So I think there's really the only argument against

12:06:24 doing this were economic and I don't think they hold

12:06:27 water, because we'll saver money for the city by doing

12:06:30 that.

12:06:32 It really -- the point of sales things, the beautiful

12:06:36 thing about that, it really doesn't cost the taxpayers

12:06:38 money to do that, and the economic benefit, I think, as

12:06:44 Ms. Montelione said, it's encouraging innovation and

12:06:47 creating new products.

12:06:48 We see that it's already happening in Florida.

12:06:51 Businesses are creating Florida-specific fertilizer and

12:06:54 there's no reason why the big companies that have Scott

12:06:58 and the big fertilizer companies have been the capital

12:07:00 to do that, to develop new products.

12:07:02 This is a new market, and they can develop the new

12:07:06 product.

12:07:06 So I would like to move this ordinance.

12:07:14 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern to

12:07:18 move the ordinance.

12:07:19 Let me say this.

12:07:20 This is first reading.

12:07:21 And discussion on this really by the public which we

12:07:24 don't have to do according to the rules.

12:07:25 We did that in the beginning of this meeting today.

12:07:29 Certainly in the second hearing, everyone is entitled

12:07:33 to speak when the ordinance is brought up for second

12:07:36 reading and approval or denial.

12:07:38 So there's where we are at.

12:07:40 This morning, we have taken testimony on this

12:07:44 ordinance, or the proposed ordinance on both sides of

12:07:47 the issue.

12:07:47 We have heard that.

12:07:49 We have looked at it and studied it.

12:07:51 And it's incumbent that everyone is heard, and they

12:07:57 will be heard on second reading.

12:08:00 Again, I'm sure this is an issue that either one side

12:08:07 or the other.

12:08:08 There's in a gray area.

12:08:09 You are either for it or against it.

12:08:10 And we understand that.

12:08:11 But I yield to Mrs. Mulhern to read the ordinance for

12:08:16 first reading.

12:08:16 >>MARY MULHERN: And I do want to thank Holly Greening

12:08:20 and Jan McLean and Phil Compton with Sierra Club for

12:08:24 all the work you have done on this, because there has

12:08:26 been a lot of groundwork on it.

12:08:28 And I have been watching it.

12:08:29 A lot of people have.

12:08:30 So although the ordinance has come up quickly, there's

12:08:33 been a lot of study.

12:08:36 And I appreciate all the work that went into this.

12:08:39 I move an ordinance being presented for first reading

12:08:41 consideration, an ordinance of the city of Tampa,

12:08:42 Florida amending City of Tampa code of ordinances

12:08:45 chapter 21 creating article V regulating the use and

12:08:49 sale of fertilizers containing nitrogen and/or

12:08:53 phosphorus within the City of Tampa, providing for

12:08:56 severability, providing an effective date.

12:08:58 Item 76, page 17, I have a motion by Mrs. Mulhern, a

12:09:02 second by Mrs. Montelione.

12:09:04 All in favor of the motion please indicate by saying

12:09:07 Aye.

12:09:08 Opposed, nay.

12:09:10 >> Nay.

12:09:13 >>THE CLERK: Voice roll call.

12:09:16 >>MIKE SUAREZ: Aye.

12:09:21 >>YVONNE CAPIN: Aye.

12:09:22 >>FRANK REDDICK: Nay.

12:09:23 >>MARY MULHERN: Aye.

12:09:26 >>MIKE COHEN: Aye.

12:09:30 >>LISA MONTELIONE: Aye.

12:09:33 >> I have to say yes because the ayes have it.

12:09:36 >>THE CLERK: Motion carried with Reddick voting no.

12:09:40 Second reading of the ordinance will be held June

12:09:42 23rd at 9:30 a.m.

12:09:44 >>CHARLIE MIRANDA: Thank you very much.

12:09:44 I appreciate both sides of the issue who came out this

12:09:46 morning.

12:09:47 Item number 78, a motion to receive and file.

12:09:54 >>MARY MULHERN: Move to receive and file.

12:09:57 >>MIKE SUAREZ: Second.

12:09:59 >> The Ayes have it unanimously.

12:10:02 Item 79 is a staff report.

12:10:04 Are these items over 1 million, do you want to bring

12:10:07 them out of staff reports into this location here or do

12:10:10 you want the public, the administrator to be here when

12:10:13 we talk about it?

12:10:14 >>LISA MONTELIONE: The purpose is to discover and ask

12:10:19 questions so I prefer the administrator to be here.

12:10:23 >>CHARLIE MIRANDA: Let's go.

12:10:23 Item 79.

12:10:29 >>BRAD BAIRD: Director of water department here to

12:10:30 answer questions on 79 regarding purchase of liquid

12:10:37 chlorine for the two treatment plants, the water

12:10:40 treatment plant and wastewater treatment plant.

12:10:42 >>LISA MONTELIONE: I have concern whenever we are

12:10:50 spending a great deal of money on any items that comes

12:10:53 before us in this time of examining the budget.

12:10:56 So I notice this contract expires on September 16th

12:11:00 of this year.

12:11:01 Have we already put out a contract request for proposal

12:11:06 for additional --

12:11:12 >>BRAD BAIRD: I don't believe so but the purchasing

12:11:14 department is preparing to do that.

12:11:15 >>LISA MONTELIONE: It's a chemical kind of day today.

12:11:21 Is this the only alternative for us to use is liquid

12:11:26 chlorine and liquid --

12:11:29 >> Yes.

12:11:30 The liquid chlorine is used for disinfection and the

12:11:33 caustic soda is used for pH adjustment, and the

12:11:39 majority of these costs are associated caustic soda,

12:11:45 and our treatment plant operating budget is 24 million.

12:11:48 Half of that is for chemicals.

12:11:50 So 12 million is for chemicals.

12:11:52 >> And we have mostly pricing adjustments?

12:11:57 >> Yes, we do.

12:11:58 In chemical agreements that is typical.

12:12:01 They are tied to an index in the industry.

12:12:03 And they are adjusted monthly.

12:12:05 And that's the main reason for the add-on, is because

12:12:10 the prices went up in both commodities.

12:12:12 >>LISA MONTELIONE: In many of our other contracts, as

12:12:17 they come before us, we read the staff report that says

12:12:20 the vendor has agreed to, you know, hold the price A at

12:12:24 the current levels, or we have negotiated contracts

12:12:28 down before.

12:12:29 My concern is that there are certain contracts within

12:12:33 the city that we just accept price increases without

12:12:37 going back and renegotiating or being able to get a set

12:12:41 price or a fixed price at a lower rate when the market

12:12:45 is fluctuate being.

12:12:46 >> The chemical contracts are in that category.

12:12:54 In the past, we have gone through negotiation was those

12:13:00 chemical companies.

12:13:01 If you establish or set up a contract in that manner,

12:13:05 we don't feel we would get any bids or interest in

12:13:09 those.

12:13:09 >> It might be worth a shot.

12:13:14 Thank you.

12:13:14 That's all I ever.

12:13:15 >>FRANK REDDICK: I would like to move of that we stand

12:13:18 in recess until 1:30.

12:13:20 >>MARY MULHERN: I think that we could move quickly

12:13:27 through most of these.

12:13:29 I had a couple of questions on -- I think we could

12:13:32 finish by 12:30 fish we would -- move quickly.

12:13:36 Could you stay till 12:30 rather than us coming back?

12:13:41 >>MARTIN SHELBY: May I inquire?

12:13:42 I'm sorry.

12:13:43 If there would be a quorum.

12:13:45 Because that's really what you need to get, down I

12:13:47 believe what you have left.

12:13:48 >> I'm already running late.

12:13:54 >>MARY MULHERN: So could we do that, just go till

12:13:56 12:30?

12:13:58 We have a quorum if you need to leave.

12:13:59 >>FRANK REDDICK: Okay.

12:14:01 >>MARY MULHERN: Thank you.

12:14:05 And Ms. Montelione, what were therefore any other

12:14:10 comments on item 79?

12:14:11 >>LISA MONTELIONE: No.

12:14:12 >>MARY MULHERN: Okay.

12:14:14 Can I get a motion?

12:14:18 >> So moved.

12:14:19 >> Second.

12:14:19 >>MARY MULHERN: All in favor?

12:14:22 All right.

12:14:22 Item number 80.

12:14:23 Again, I believe -- did you want to pull that aside?

12:14:32 All of these are for the same reason.

12:14:33 The over $1 million.

12:14:35 And again asking questions of staff to make sure that

12:14:38 we are going in the right direction.

12:14:41 >> Director of Public works here on item 80.

12:14:45 This is the second of our sidewalk contracts for

12:14:51 construction and repair of sidewalks within the city.

12:14:54 >>LISA MONTELIONE: I noticed that the Llama

12:15:02 Construction -- or Llama Construction, was the third.

12:15:07 Was this the one where there was the third lowest?

12:15:11 >> Yes.

12:15:12 In talking with our contract administration folks, one

12:15:16 of the other contractors had an issue with their

12:15:19 bonding so we were not able to award that.

12:15:21 >> And that was the case with both the lowest bidders?

12:15:23 >> As I said, this is the second of two contracts to

12:15:28 award for sidewalks, to have the ability to, again, as

12:15:34 the year goes on, and the amount on this contract is a

12:15:38 maximum.

12:15:38 So as we use up the capacity on one, we still have the

12:15:44 availability to continue to exempt citizen requests and

12:15:49 to have those jobs.

12:15:50 >> There are three other companies that had lower bids.

12:15:53 And only one that was rejected for the bond issue.

12:15:55 So Reyes, Gilbert and son are both lower than llama.

12:16:03 I was wondering what the difference was there.

12:16:05 Because I know construction costs have dropped

12:16:07 significantly recently.

12:16:09 With the exception concrete prices have gone up.

12:16:12 >> Awarded to Gilbert and sons.

12:16:19 We have them under contract.

12:16:20 >> And there's no SLB participation in this bid?

12:16:27 >> I believe they are.

12:16:29 I would have to defer.

12:16:32 >> I would like to see that where we have contracts

12:16:34 come forward especially significant amounts if they are

12:16:36 or are not an SLB or WMBE.

12:16:41 We can include that in staff reports.

12:16:43 >> It's on the record report.

12:16:45 >> It says no SLB subcontract.

12:16:50 But that's not the same thing.

12:16:51 >> I believe they are an SLB.

12:16:54 >> If we could moving forward always put that far in

12:16:58 there.

12:16:58 And I think than was the -- that's it.

12:17:03 I just want to make sure that we schedule as much as

12:17:05 possible before contract prices start rising again.

12:17:07 >> Absolutely.

12:17:09 It's been great.

12:17:10 >> The sidewalks are one of the things that our

12:17:13 neighborhood associations are for.

12:17:15 Thank you, sir.

12:17:15 >>MARY MULHERN: Request we get a motion on number 80?

12:17:20 >>FRANK REDDICK: I move.

12:17:23 >>MIKE COHEN: Second.

12:17:24 >>MARY MULHERN: All in favor?

12:17:25 Okay.

12:17:25 I am going to move to the two items that I had asked to

12:17:34 have under staff reports, to move under staff reports.

12:17:37 So I guess legal is going to answer the questions that

12:17:43 I have.

12:17:43 And if anyone else does.

12:17:44 On number 10, we are being asked under City Council to

12:17:59 transfer allocation and appropriation within the Tampa

12:18:02 Heights CRA into utility tax capital funds for

12:18:10 Waterworks Park project expenses.

12:18:13 So my question is, was this presented to the CRA board?

12:18:21 >>SAL TERRITO: Legal department.

12:18:21 It was not because you already approved it for that

12:18:23 purpose.

12:18:24 We only come back to you for the CRA board if we are

12:18:26 moving money within the CRA from one category to

12:18:29 another.

12:18:29 This is money that was put aside for this purpose so

12:18:33 all we are doing it moving it from the CRA now into the

12:18:36 city's park budget.

12:18:39 This was a several-year project so these were done in

12:18:43 previous years.

12:18:44 This is money from the '08-09 year that you approved

12:18:48 back then.

12:18:50 >>MARY MULHERN: We approved that particular amount as

12:18:52 a CRA board to go for that particular project?

12:18:56 Sal what happened back in '06, did you a development

12:18:59 agreement we've the Tampa Heights project.

12:19:01 That project would have been one where we would

12:19:03 allocate funds from the CRA to pay debt service on

12:19:06 bonds which were going to be issued which never got

12:19:09 issued.

12:19:10 What those bonds paid for was these projects.

12:19:12 And all we are doing now is the city is going to be

12:19:15 undertaking that function because the developer is not

12:19:17 in a position to carry those forward.

12:19:19 So rather than we waiting until they get around to

12:19:22 doing it, it was simply moving the money to our budget

12:19:25 to do that function that they were going to do fours.

12:19:27 >> But you are talking about using tax increment

12:19:34 financing money, CRA money, instead of --

12:19:38 >>SAL TERRITO: No, this money would have been used for

12:19:41 these projects.

12:19:44 When you approve the development agreement, these are

12:19:46 projects that were going to be funded among these among

12:19:49 others that were going to be funded out of CRA money.

12:19:52 What you are saying is why do we go back to the CRA to

12:19:55 reappropriate this money?

12:19:56 This money was there for that purpose in the '08-09

12:19:59 budgets to be spent for these kinds of projects.

12:20:02 These and others.

12:20:02 All we are asking you to do now is move that money into

12:20:05 the city's budget to perform the function that would

12:20:07 have been by the developer had they been in a position

12:20:10 to do it.

12:20:11 >>MARY MULHERN: All right.

12:20:12 But these kinds of projects, like I'm talking about a

12:20:16 specific -- okay.

12:20:20 Was the money in those amounts allocated and approved

12:20:24 by the CRA board to go for the water works?

12:20:37 >> Of all the money we had net CRA budget, 74% of that

12:20:41 would have gone for these kinds of projects.

12:20:44 This was among those.

12:20:45 There were many, many, many projects had it gone

12:20:49 forward.

12:20:49 This is money, the list that you had approved back

12:20:52 then.

12:20:53 >> Okay.

12:20:53 I'm not comfortable with that.

12:20:55 I would like to see as a CRA board if there is a

12:21:00 specific amount going to a specific project.

12:21:03 I feel like it needs to come to the CRA.

12:21:08 My next question for you is, is there some reason why

12:21:11 this can't come in front of our next CRA board meeting?

12:21:15 >>SAL TERRITO: I'm not trying to be Coy about this.

12:21:17 You already approved this project.

12:21:19 Bringing it back before the CRA would simply be doing

12:21:22 something you did already.

12:21:23 The projects were multi-million dollar projects.

12:21:26 Among those multi-million dollar expenditures the CRA

12:21:29 agreed to do were these particular projects.

12:21:32 All we are doing is moving that small portion now into

12:21:35 the city so it can do those projects.

12:21:39 They were many millions dollars worth of projects that

12:21:41 you approved as a CRA for these functions.

12:21:43 All we are doing is moving the money now and having the

12:21:46 city doing because the developer can't do it.

12:21:48 I'm not trying to be -- I'm not trying to play button,

12:21:52 button, who has the button, but you as a CRA approved

12:21:55 many, many projects.

12:21:56 >> I understand what you are saying.

12:21:58 You are talking about big picture.

12:21:59 I'm talking about smaller picture plugs the fact that

12:22:02 things change.

12:22:03 And we do have been that amount of money.

12:22:05 And projects we may have approved, big-picture projects

12:22:11 don't happen, and we have less revenue coming in, is

12:22:17 that what the CRA at this moment in time still wants to

12:22:21 approve?

12:22:24 It's a different economy and different revenues.

12:22:26 We have got that amount left over.

12:22:28 You know, what percentage?

12:22:30 I could ask a lot more questions relating to this.

12:22:34 So I think it would be -- for me it would be very

12:22:37 helpful if we could have this presented at a CRA

12:22:42 meeting, to the CRA board, and -- I mean, my question

12:22:49 for you is, if there is some reason why we can't

12:22:54 continue this.

12:22:55 >>SAL TERRITO: The only reason, it's not necessarily a

12:22:57 problem, that if this money is not spent by September

12:23:00 30 it goes back.

12:23:01 >> Okay, September 30.

12:23:03 >> You have to get it back before CRA, see if you

12:23:07 approve these items, and then come back before City

12:23:10 Council.

12:23:10 If we have enough meetings between now and the end of

12:23:13 September, yes, it can be done.

12:23:14 >>LISA MONTELIONE: I might make a suggestion in

12:23:20 that -- and I'm not sure if it needs to be done here

12:23:23 through City Council and be approved through City

12:23:26 Council or if it needs to go before a rule change

12:23:28 before the CRA board and discussed at CRA.

12:23:31 However, things of this nature, what we are approving

12:23:35 individual projects, prance there is a rule that we

12:23:38 would implement where we would first here these

12:23:41 projects under CRA, and then bring them before council

12:23:45 so that --

12:23:49 >>SAL TERRITO: There is a rule to that effect.

12:23:50 The rule was if you are going to use the money for

12:23:52 something other than is already --

12:23:55 >>LISA MONTELIONE: Not talking about the individual

12:23:56 project.

12:23:58 >>SAL TERRITO: No.

12:23:58 Again I am trying to explain the process.

12:24:00 This is your call, not mine.

12:24:01 The rule before was if there was money going to be

12:24:03 spent by the CRA that had to be moved to a different

12:24:08 category or different subject, went to the CRA first to

12:24:11 make sure you were comfortable with that.

12:24:13 The rule was also if the CRA budget contained these

12:24:16 items already, it went before the City Council because

12:24:19 they were already there.

12:24:21 That was the only rule.

12:24:23 You can change that if you want to.

12:24:25 >> And that's what I am getting at.

12:24:26 >>LISA MONTELIONE: One follow-up here?

12:24:30 >>MARY MULHERN: Let me make a suggestion.

12:24:31 I would like to hear from the CRA chair about this,

12:24:35 because now we are getting into talking about rules and

12:24:38 procedure which we don't have time to do right now.

12:24:41 So I think your questions are great, legitimate.

12:24:45 I want to have a discussion about them.

12:24:47 I think we need to do that, at a time where we have

12:24:53 more time to do that.

12:24:56 I don't like rushing through these discussions.

12:24:58 >>LISA MONTELIONE: We are always racing against the

12:25:05 clock here.

12:25:05 >>MARY MULHERN: I agree, but we have to get through

12:25:07 this meeting.

12:25:08 So let's hear from --

12:25:10 >>FRANK REDDICK: Well, I will just be brief, Madam

12:25:11 Chair.

12:25:12 I will just be brief.

12:25:14 That's the direction I whereas going, same direction.

12:25:16 So what I am looking at is putting this item on the

12:25:19 agenda the next CRA meeting to address this particular

12:25:22 item.

12:25:23 Because that needs to be addressed.

12:25:25 I have some concerns about it.

12:25:26 And my position anything for the CRA should come

12:25:31 directly before the CRA board before it comes to City

12:25:34 Council.

12:25:34 So that's going to be my position.

12:25:36 And I put a motion to the next CRA meeting.

12:25:42 >>MARY MULHERN: Is that a motion?

12:25:43 >>FRANK REDDICK: Yes.

12:25:44 >> Second.

12:25:46 >>YVONNE CAPIN: When is the next CRA meeting?

12:25:49 There is a time constraint.

12:25:50 We are gone June 23rd through July 14 or 15.

12:25:55 After that, we have August, we have the budget, we are

12:25:59 looking, and September 30th is the deadline.

12:26:02 So June 9th would the date to bring it before the

12:26:07 board, right?

12:26:09 >>FRANK REDDICK: June 9th.

12:26:11 We have a short agenda for June 9th for CRA.

12:26:13 >>MARY MULHERN: Motion and second by Mrs. Montelione.

12:26:16 All in favor?

12:26:18 And then can I ask -- my questions were the same about

12:26:22 item 35, Mr. Territo.

12:26:27 So I believe it's Tampa Heights.

12:26:44 Would we like to continue that, too?

12:26:47 >>SAL TERRITO: No, we handled that for discussion

12:26:49 purposes.

12:26:49 If you want to know what the money is being used for?

12:26:53 I'm not sure exactly what it is you are asking for.

12:26:55 I'm sorry.

12:26:55 >> It's CRA money that is being drawn down.

12:26:58 >> Not CRA money.

12:26:59 I'm sorry.

12:27:00 What happened is of that what we did is this is money

12:27:02 that came to us because of the sale of property.

12:27:05 When the Beck building --

12:27:07 >>MARY MULHERN: Okay.

12:27:08 Can we continue it?

12:27:10 Is there any reason why you can't give us this

12:27:12 explanation at the CRA meeting, the next CRA meeting?

12:27:17 >>SAL TERRITO: It's not a CRA issue but --

12:27:20 >> It's related to CRA funding.

12:27:25 >>SAL TERRITO: No reason why it can't come up on the

12:27:27 9th.

12:27:28 >>MARY MULHERN: Can I get a motion to continue that?

12:27:31 >> Motion to continue.

12:27:33 >>FRANK REDDICK: Second.

12:27:34 >>MARY MULHERN: All in favor?

12:27:36 Okay.

12:27:36 And that leaves --

12:27:38 >>THE CLERK: Was that for June 9th?

12:27:41 >> Yes.

12:27:42 CRA.

12:27:42 >>MARTIN SHELBY: Council, can I also --

12:27:45 >>MARY MULHERN: And we can --

12:27:47 >>MARTIN SHELBY: Because you are acting as City

12:27:50 Council, your next City Council meeting would be the

12:27:52 23rd.

12:27:52 So it would still need to appear on your City Council

12:27:55 agenda to be take action.

12:27:55 >>MARY MULHERN: We can take that action -- okay, we'll

12:28:01 continue this top our next regular City Council

12:28:03 meeting.

12:28:04 After the CRA meeting.

12:28:05 >>MARTIN SHELBY: Just for the purposes of the record,

12:28:09 those items 10 and 35, and if I could have a motion to

12:28:13 have those return on the agenda on June 23rd.

12:28:17 >> So moved.

12:28:20 >>MIKE COHEN: We have a budget workshop scheduled after

12:28:22 the CRA meeting on the 9th.

12:28:23 Can we take action then?

12:28:25 >>MARY MULHERN: I don't think we should.

12:28:28 I mean, I'm sorry.

12:28:30 No, only because I don't think there is a big time

12:28:32 constraint with this, and I think -- I think that this

12:28:38 is a process that we need to set an example and start

12:28:42 to continue it.

12:28:44 >> 12:30?

12:28:48 >> We need a time.


12:28:53 >>YVONNE CAPIN: June 23rd.

12:28:53 We just moved a bunch of items to June 23rd and now

12:28:56 we are adding to June 23rd.

12:28:58 >>MARY MULHERN: If we discuss this at our CRA meeting,

12:29:02 it can come back on a consent agenda.

12:29:06 >>YVONNE CAPIN: Okay.

12:29:06 >>MARY MULHERN: Shouldn't be a big time problem.

12:29:13 >>MARTIN SHELBY: Is that a request of the maker of the

12:29:16 motion to come back on the 23rd after a con -- as a

12:29:20 consent item?

12:29:21 >>LISA MONTELIONE: Yes.

12:29:22 I would amend my motion to say these items 10 and 35

12:29:25 would come back on the 23rd on consent.

12:29:28 And that would be June 23rd.

12:29:30 >>MARY MULHERN: All in favor?

12:29:39 All right.

12:29:39 That leaves us with 81.

12:29:52 >>MARTIN SHELBY: 81 and 82 are both by council.

12:29:55 You can move both of them in one motion, 81 and 82 by

12:29:59 "I move the resolution."

12:30:01 >>FRANK REDDICK: Move the resolution 81 and 82.

12:30:03 >>MARY MULHERN: Seconded by Councilman Cohen.

12:30:09 81 and 82.

12:30:10 All in favor?

12:30:13 And number 83 was continued.

12:30:18 Do we have any new business?

12:30:21 >>MARTIN SHELBY: If I can, Madam Chair.

12:30:22 Forgive me.

12:30:24 This is an item where you have received a letter from

12:30:27 Ms. Grimes, the request for a continuance.

12:30:30 I would ask the public hearing be open for that

12:30:32 purpose?

12:30:34 >> Move to open the must be hearing.

12:30:36 >>FRANK REDDICK: Second.

12:30:37 >>MARY MULHERN: All in favor?

12:30:40 >>GINA GRIMES: Ward Henderson.

12:30:42 I represent the petitioner on this matter.

12:30:44 In my letter I sent that Mark Bentley now represents

12:30:47 the tenant which is KOTO steakhouse.

12:30:51 I represent the owner.

12:30:53 We had requested a continuance to June 23rd so that

12:30:55 Mr. Bentley and I could work together to coordinate our

12:30:58 efforts.

12:30:58 However, this morning, I was just made aware -- and I

12:31:01 didn't handle this case at the VRB level but I was just

12:31:04 made aware that Mr. Crumbley has a conflict on June

12:31:08 23rd, and so we would ask council to accommodate

12:31:13 his conflict and reschedule it maybe to your July

12:31:16 meeting.

12:31:17 >>MARY MULHERN: July 14th?

12:31:24 Is there anyone who would like tock speak to the

12:31:26 continuance request?

12:31:29 >> Walter Crumbley from the Courier City group.

12:31:33 We have no objection to the July 14th continuance.

12:31:36 We can't meet or come back before then.

12:31:41 We have already been here since 10:00.

12:31:43 Thank you.

12:31:44 >> My name is Gelus Bilkos.

12:31:57 And we came here since 10:00 this morning, also, to

12:32:01 speak, and, you know, we are giving away our business

12:32:05 time where we should be to be at these meetings, and we

12:32:07 feel that -- we really feel ready to go today if at all

12:32:11 possible.

12:32:12 We keep coming back.

12:32:14 It's a burden on us.

12:32:15 Thank you.

12:32:15 >> We need his name for the record.

12:32:19 >>MARTIN SHELBY: Your name for the record?

12:32:22 >> Gelus Bilkos, 533 South Howard Avenue.

12:32:34 >>MARY MULHERN: We have people who are here.

12:32:39 >>MARTIN SHELBY: Mr. Bentley's request?

12:32:47 >> Yes.

12:32:48 I just found out yesterday from Mr. Bentley that he was

12:32:52 going to represent KOTO.

12:32:54 We are trying to work cooperatively.

12:32:56 So that's why we sent the letter so late yesterday.

12:32:58 Again, I wasn't at the VRB hearing.

12:33:01 I hadn't met any of these people before this morning.

12:33:05 And I didn't want to tell them.

12:33:08 I knew earlier I was requesting continuance and they

12:33:11 were waiting but I feel uncomfortable it's okay for

12:33:14 people to leave if they are in opposition and then for

12:33:16 whatever reason council doesn't grant the continuance,

12:33:19 and I tell people it's okay to leave.

12:33:20 I don't feel comfortable.

12:33:23 I had that conversation with the people from the shop,

12:33:27 that I knew I was requesting a continuance but I didn't

12:33:29 want to say go ahead and go.

12:33:31 >>MARY MULHERN: So you are standing in because

12:33:34 Mr. Bentley couldn't be here?

12:33:38 >> You are essentially co-council, correct?

12:33:42 >> He actually came on board yesterday for KOTO.

12:33:45 I represent the landlord that owns the property.

12:33:47 >> Okay, you represent the landlord.

12:33:49 He represent it is tenant.

12:33:51 And we have people from the neighborhood.

12:33:58 July 14th?

12:34:00 >>MARTIN SHELBY: July 14th, would be at

12:34:05 10:30 a.m.?

12:34:07 >>MARY MULHERN: That's fine.

12:34:08 I am going to apologize to the people who have been

12:34:10 here waiting for this.

12:34:12 And we might have been -- we couldn't address it any

12:34:16 earlier than 10:30.

12:34:18 We are sorry you had to be here.

12:34:26 I think people have been here a lot longer but I'm

12:34:28 sorry you had to wait.

12:34:29 >> I make a motion that we continue item 83 until July

12:34:35 14th at 10:30 a.m.

12:34:37 >> Second.

12:34:38 >>MARY MULHERN: All in favor?

12:34:43 Sorry.

12:34:57 >> I have a couple of things.

12:34:58 One, I would like to amend my original motion for the

12:35:01 economic development workshop on June 23rd.

12:35:04 Apparently it did not get into my first motion to very

12:35:11 clearly to invite Ernest Coney from CDC Tampa and Greg

12:35:16 Hart from our own small business section as appearing

12:35:19 before council on the 23rd for that.

12:35:20 I would like to have a small business focus at that

12:35:23 workshop.

12:35:25 And we need to have small business represented here.

12:35:31 So motion to amend.

12:35:35 >>MIKE COHEN: Second.

12:35:35 >>MARY MULHERN: All in favor?

12:35:38 >>LISA MONTELIONE: The next thing is that I would

12:35:40 suggest, in light of what we are encountering on a

12:35:47 regular basis, that when we have council meetings, I am

12:35:51 making a motion that even workshops, so this would be

12:35:54 council meetings or workshops, if we have items on the

12:35:56 agenda -- and they might have to be separate motions --

12:36:00 that are going to take a long time, and we need to set

12:36:03 them for time certain, that every time we set

12:36:07 something, we set time certain, and that in this case

12:36:12 of workshops, if there are two workshops being held, a

12:36:16 third one is added, we need to set the third one for

12:36:19 1:30 p.m. so that we schedule no more than two

12:36:23 workshops at a time and we are not racing against the

12:36:27 clock as we have been.

12:36:28 >>MIKE SUAREZ: Suarez Shelby, is that a rule change

12:36:38 that we would have to change within our own procedural

12:36:41 rules?

12:36:41 Or is that something that she can make a motion in

12:36:43 order to go forward on?

12:36:47 >>MARTIN SHELBY: You can set the time of your workshop

12:36:49 at your pleasure.

12:36:50 You can set it to separate times of the day.

12:36:53 So the answer is kind of a dress this on a case-by-case

12:36:56 basis, or when it comes time, if council wishes to make

12:36:59 it a rule changes to be adopt a policy, as your agendas

12:37:05 grow and you see what kind of problems you confront,

12:37:08 you can do it as a formal rule change at that council's

12:37:14 pleasure.

12:37:15 >>LISA MONTELIONE: I would like to discuss a possible

12:37:16 rule change.

12:37:17 Because if we discuss this on a case-by-case basis, it

12:37:20 comes up like today Councilwoman Capin had to point out

12:37:24 we just took things to have 23rd, now we are adding

12:37:26 total 23rd.

12:37:27 We have to continually keep this eye out and make sure

12:37:30 that we don't reverse decisions of our own.

12:37:32 So I think if we set up a rule change, then it would be

12:37:35 consistent and we wouldn't have to think about this

12:37:38 every time and waste the public's time sitting here

12:37:40 listening to us discuss our Calen deer.

12:37:42 >>MARTIN SHELBY: Council, if I can.

12:37:46 I'm sorry, Madam Chair.

12:37:48 >>MARY MULHERN: My experience here with this is we

12:37:51 always have to look at everything individually, and we

12:37:53 just need to be more cognizant of it.

12:37:55 And you can make a rule change.

12:37:58 But then you end up having to discussion the rule, and,

12:38:01 you know, suspend the rules so you can -- and you end

12:38:05 up having to discuss it every time.

12:38:20 It's our responsibility to be really clear if you are

12:38:23 setting a workshop, what the discussion is going to be

12:38:25 about, and that will limit the time, and that will give

12:38:29 you a better idea of how much time you need.

12:38:31 >> We thought we were doing that at the last workshop

12:38:35 and you saw what happened last Thursday.

12:38:37 >>MARY MULHERN: Right.

12:38:38 Well, I don't know how that happened.

12:38:39 >>LISA MONTELIONE: That's my point, that the does

12:38:42 happen.

12:38:43 >>MARY MULHERN: We need to be more cognizant of it as

12:38:46 opposed oh to maybe a rule.

12:38:47 But whatever the pleasure of council.

12:38:49 If you want to make a motion to create a rule, go

12:38:51 ahead, or we can talk about this at another time.

12:38:57 >>YVONNE CAPIN: What justified happened now, this

12:38:59 example, they were not sure if it was going to be

12:39:02 continued.

12:39:02 So they couldn't -- so the applicant or part of the

12:39:06 applicant, part of the representation, could not tell

12:39:09 the people to go home.

12:39:13 And they sat.

12:39:14 That is beyond --

12:39:16 >>LISA MONTELIONE: I'm not talking about --

12:39:19 >>MARY MULHERN: I mean that was a public hearing.

12:39:21 That was set for time certain that we couldn't get to.

12:39:24 So that's different.

12:39:28 >>MIKE COHEN: Very briefly, I think the issue here is

12:39:30 that we need to start scheduling things more

12:39:32 realistically and not to be rushing to finish before

12:39:36 lunch.

12:39:37 If we need to continue in the afternoon, we'll continue

12:39:39 in the afternoon.

12:39:40 If we need to meet on a different day, we should meet

12:39:43 on another day.

12:39:44 To me that really is the answer to the question.

12:39:46 >>MARY MULHERN:

12:39:52 >>LISA MONTELIONE: Agreed.

12:39:53 That's what I am getting at.

12:39:54 But it has not been, in the time we have seen, we are

12:39:57 constantly trying to rush and nobody wants to set

12:39:59 anything for after lunch, because the day that we are

12:40:02 here, people have already scheduled meetings.

12:40:04 So like you schedule a meeting thinking that you are

12:40:06 going to have the afternoon free, and you schedule a

12:40:09 meeting thinking you are going to have the afternoon

12:40:11 free, and then we lose a quorum.

12:40:13 So if we don't get into a regular pattern of being here

12:40:16 all day on Thursday then it's not going to happen

12:40:20 because people are going set appointments and they are

12:40:22 going to say, quell, I need to leave by 12:30 red

12:40:28 >>MIKE SUAREZ: Suarez motion to have a rule change or

12:40:32 discussion about that?

12:40:34 >>LISA MONTELIONE: The first motion didn't get a

12:40:35 second.

12:40:38 So that dies.

12:40:39 I will restate the motion to state that we have a

12:40:43 discussion on a rule change for setting council

12:40:48 meetings on Thursdays for all day Thursday.

12:40:52 >>MARY MULHERN: You want that at a workshop?

12:40:58 You want to have it at a workshop, right?

12:41:01 Because you don't want a staff report.

12:41:02 >>LISA MONTELIONE: No, it's a discussion for a

12:41:06 workshop.

12:41:07 And what day did we say we had a light day?

12:41:12 July?

12:41:14 >>MARTIN SHELBY: Council, if you wish to do this and

12:41:16 have been a discussion, you do not have an official

12:41:19 workshop again until September.

12:41:21 And I think council -- my suggestion is -- work.

12:41:28 >>MIKE COHEN: Workshop on the 9th of June.

12:41:30 >>MARTIN SHELBY: You can add to that discussion orb

12:41:33 discuss it at the end of a meeting under unfinished

12:41:36 business on a regular meeting.

12:41:40 Assuming you have the time to do it.

12:41:41 >>LISA MONTELIONE: Are we comfortable with the

12:41:44 discussion we had just now?

12:41:49 >>MIKE COHEN: I would like to discuss it further.

12:41:50 >>MIKE SUAREZ: I am not ready to make a rule change.

12:41:55 I think Mrs. Mulhern's idea, having been here, having

12:41:58 done this, we have to give some weight to the what she

12:42:00 said.

12:42:00 I believe that Councilman Cohen mentioned also that we

12:42:03 have to continue it and we might suspend the rules.

12:42:06 We might be in the same kind of quandary.

12:42:08 I think we ought to look --

12:42:11 >>LISA MONTELIONE: I'm just saying meetings for all

12:42:13 day on Thursday.

12:42:13 >>MIKE SUAREZ: I clear my schedule all day Thursday no

12:42:17 matter what.

12:42:18 Everyone has to make their own decision and live by

12:42:21 their own --

12:42:22 >>LISA MONTELIONE: Let's have the workshop after the

12:42:24 budget workshop on --

12:42:26 >>MARY MULHERN: I think your point is taken.

12:42:28 But a day like today, where we have had a lot of

12:42:31 discussion, but we are done with our meeting

12:42:35 essentially right now.

12:42:36 So today is a day where we didn't.

12:42:39 So I agree with you -- it may have seemed like a rush

12:42:52 to you, but I think, you know.

12:42:57 >>MARTIN SHELBY: I was going to add respectfully,

12:43:00 council, your chairman is not present today.

12:43:01 So in deference to your chair, do not take any specific

12:43:06 action today other than putting it on for a future

12:43:09 discussion rather than make a decision.

12:43:11 >>MARY MULHERN: And I appreciate you bringing things

12:43:14 up, because they are good and important things that we

12:43:17 need to look at.

12:43:20 Anything else?

12:43:20 >>LISA MONTELIONE: A motion to present a commendation

12:43:26 to the Tampa Bay Lightning ownership, coaches and team

12:43:28 top thank and congratulate them on their exciting and

12:43:31 successful season and to express our appreciation for

12:43:34 all they do to bring excitement to the city, to

12:43:38 downtown Tampa.

12:43:39 Go Bolts.

12:43:41 Watch out.

12:43:42 We'll be back.

12:43:42 >> Double second.

12:43:45 >>MARY MULHERN: All in favor?

12:43:49 Aye.

12:43:50 Anything else?

12:44:01 Councilman Reddick?

12:44:03 >>FRANK REDDICK: I have two items.

12:44:04 One is to present a commendation to mount Zion AME

12:44:08 church as they celebrate their 122nd church

12:44:13 anniversary.

12:44:15 >> Second.

12:44:15 >>MARY MULHERN: All in favor?

12:44:17 >>FRANK REDDICK: And the other one is to be, it's been

12:44:20 brought to the my attention by a lot of people of in my

12:44:22 district, and that is taking cars to recycling places

12:44:34 and sell them for a profit, and I would ask staff,

12:44:37 legal department, TPD, to come give a staff report on

12:44:43 how can we regulate these recycling companies, and also

12:44:47 collaborative effort with Hillsborough County

12:44:49 government to be cure this type of problem in the city

12:44:52 and the county.

12:44:53 >> Second.

12:44:55 >>MARY MULHERN: All in favor?

12:45:03 I have one item.

12:45:05 Could have you read et for me?

12:45:11 Cop you take this for me?

12:45:13 You only get half a motion.

12:45:20 Motion for commendation to be delivered to M. Leo

12:45:24 Elliott for presentation on the exhibit on June

12:45:27 9th.

12:45:28 The exhibit is -- I'm sorry.

12:45:33 Commendation.

12:45:35 You want me to read this?

12:45:38 >>MARY MULHERN: You are don't very much to read it.

12:45:40 >>LISA MONTELIONE: Okay.

12:45:45 Elliott is Tampa's finest, arguably Tampa's finest

12:45:48 architect to date, has designed Tampa hall building we

12:45:51 are sitting in among his money notable structures which

12:45:54 include the Italian club, Cuban club, sen problem

12:45:58 Italian oh, first national bank and the palace of

12:46:01 Florence.

12:46:01 So a commendation for Mr. Elliott, for presentation at

12:46:04 the exhibit on June 9th.

12:46:06 >> Second.

12:46:07 >>MARY MULHERN: All in favor?

12:46:10 Aye.

12:46:20 Did you have anything?

12:46:21 Is there anyone from the public who wishes to speak on

12:46:23 anything?

12:49:48 (Meeting adjourned)



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