TAMPA CITY COUNCIL
Thursday, July 14, 2011
9:00 a.m. Session
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>> Chairman Pro-Tem: Good morning.
09:04:30 Welcome to Tampa City Council meeting.
09:04:32 This meeting is open to the public.
09:04:34 The Chair yields to Councilmember Cohen to introduce
09:04:41 our presenter of the invocation.
09:04:45 >> Good morning, Council, Madam Chair.
09:04:48 Please join me in welcoming Reverend Cathy Conner,
09:04:52 pastor of First Presbyterian Church of Tampa.
09:04:53 And please rise for the invocation as well as the
09:04:55 Pledge of Allegiance.
09:04:57 >> Please pray with me.
09:04:59 Dear Lord, we give you thanks for choosing each of
09:05:02 these men and women as faithful community servants.
09:05:06 It is with gratitude that I lift them up to you by
09:05:09 Charlie Miranda, Mike Suarez, Yvonne Yolie Capin, Mary
09:05:15 Mulhern, Harry Cohen, Frank Reddick, and Lisa
09:05:20 And ask that you grant them the courage, wisdom and
09:05:23 creativity they will need to lead our city well.
09:05:26 Bless the business of this day and let it be a sign of
09:05:30 your goodness to us all.
09:05:32 [PLEDGE OF ALLEGIANCE]
09:05:50 >> Thank you.
09:05:55 Can we have roll call please?
09:05:57 [Roll Call]
09:05:58 >>MIKE SUAREZ: Here.
09:06:00 >>YVONNE CAPIN: Present.
09:06:01 >>FRANK REDDICK: Here.
09:06:02 >>MARY MULHERN: Here.
09:06:03 >>HARRY COHEN: Here.
09:06:05 >>LISA MONTELIONE: Here.
09:06:08 >> Thank you.
09:06:09 We'll move to the adoption of the minutes.
09:06:15 >> So moved.
09:06:16 >> Second.
09:06:18 >> All in favor?
09:06:20 >> Anyone opposed?
09:06:24 This morning, Mrs. Karen Palus, our director of parks
09:06:31 and recreation has some guests here and Councilmember
09:06:34 Suarez is going to introduce them for us.
09:06:40 >> Thank you, Madam Chair.
09:06:44 I'm here to introduce some members of, visitors from
09:06:49 the Commission for Accreditation of Park and Recreation
09:06:52 I had the good pleasure of meeting them a few days ago.
09:06:55 They are Robert Hall, Bob Hall.
09:06:58 He's a retired director and past National Recreation
09:07:01 and Parks Association Board of Trustees, from
09:07:04 St. Louis, Missouri.
09:07:06 Brad Barnes, he's director from Akin County Parks
09:07:09 Recreation and Tourism in Akin, South Carolina.
09:07:11 And Julie, I know I'm going to mispronounce your last
09:07:17 "Paris gondola."
09:07:21 That's close.
09:07:22 She's a business and operations manager from Tacoma,
09:07:27 So she came a long way to be here.
09:07:28 I'd like our Council to welcome them and introduce
09:07:32 She'll talk a little more about what you're doing.
09:07:35 Thank you.
09:07:38 >> Thank you, Councilmember Suarez.
09:07:40 Honorable Chair, City Council members, I'm pleased to
09:07:43 be here with you all this morning.
09:07:44 July is national parks and recreation month.
09:07:47 We are thrilled our visitors could be here during the
09:07:50 heat of the summer with us, but they've had some great
09:07:53 weather and got a chance to get out and visit a lot of
09:07:55 our great facilities in the City of Tampa.
09:07:57 Just want to share with you real briefly what this
09:08:00 group is here to do.
09:08:02 And why this is so important to the city, to the
09:08:04 department, to the community, and to all the employees
09:08:07 that work very hard throughout our city to bring
09:08:11 quality to parks and recreation programs to our
09:08:13 The Commission for Accreditation of Parks and
09:08:16 Recreation Agencies -- acronym is CAPRA -- sets
09:08:20 standards for national accreditation by providing an
09:08:21 authoritative assessment to parks and recreation
09:08:26 With the importance of parks and recreation programs
09:08:29 and services to the quality of life, each agency has an
09:08:32 essential role in the lives of the people it serves.
09:08:35 CAPRA accreditation recognizes parks and recreation
09:08:36 agencies for excellence in operation and service.
09:08:41 It is a quality assurance and quality improvement
09:08:43 process that demonstrates an agency's commitment to its
09:08:46 employees, its volunteers, its patrons and the
09:08:51 We are really proud to have CAPRA with us, our three
09:08:54 They have worked very, very hard.
09:08:57 Bob Hall is the lead for the visitation team and he's
09:09:00 done a little over 38 plus, I think he's stopped
09:09:03 counting, on the number of visits that he's been
09:09:05 involved in throughout the nation.
09:09:07 And actually throughout the -- international, because
09:09:09 you've done a lot of the military institutions.
09:09:13 And Julie, about six to eight now?
09:09:18 >> Four.
09:09:21 >> Little over four.
09:09:23 And has got a chance to visit a lot of the different
09:09:25 areas of our country.
09:09:27 And also Brad is our first-timer, and we really
09:09:30 appreciate him coming all the way down and being part
09:09:33 of Tampa.
09:09:33 He actually got the toughest chapters in the group, so,
09:09:36 it's one of those rookie things I think.
09:09:41 We've really had a great time with them this week.
09:09:43 So, finish up their visit with us today.
09:09:45 We'll do our review with them and then they'll take
09:09:48 their information back to the overall accreditation
09:09:52 And then at November, in their -- at the National
09:09:55 Recreation and Park Association Congress, we'll have an
09:09:58 opportunity to meet before that commission to find out
09:10:01 their final findings.
09:10:03 So, it's been a great time and a great trip.
09:10:05 And we really appreciate their efforts.
09:10:07 This is a volunteer responsibility.
09:10:09 This is not a paid for performance kind of thing within
09:10:12 their job.
09:10:12 So for them to give back to the profession like this is
09:10:14 a very rewarding opportunity.
09:10:18 So I wanted to thank them on behalf of the City of
09:10:20 Tampa and our entire employee force and our community.
09:10:24 Thank you guys, very much.
09:10:30 >> Actually, I'll thank you very much.
09:10:32 We really appreciate it.
09:10:33 They have done a spectacular job getting ready for us,
09:10:37 hosting us while we are here.
09:10:38 I think you can be extremely proud, as you probably all
09:10:41 are, of your community.
09:10:42 I think your park system is really, really great.
09:10:45 And we had an earlier meeting with the Mayor this
09:10:47 morning, I told him, I said the one thing you can be
09:10:50 extremely proud of, regardless of the age of the
09:10:52 facilities we saw since we have been here, they have
09:10:55 all been extremely well maintained.
09:10:57 You can see the effort and love that goes into that.
09:10:59 I think it's reflected back on them certainly and back
09:11:02 on your community.
09:11:02 So, be proud of what you have.
09:11:04 It's really a great system.
09:11:07 >> Also I wanted to recognize my team here from parks
09:11:15 and rec, if you'll please stand.
09:11:15 Those are the folks responsible for compiling all the
09:11:18 information, but for all the 455 plus employees in our
09:11:19 system, they're the ones truly responsible for all the
09:11:22 work that went into providing the services, providing
09:11:24 the documentation and for the quality of our activities
09:11:28 and our facilities out there.
09:11:29 So I thank them and thank Council and our mayor and our
09:11:32 administration for the opportunity to be able to
09:11:35 present our programs and our organization to the
09:11:41 [ Applause ]
09:11:41 >> Thank you.
09:11:47 And Council would like to welcome you all here.
09:11:50 And I hope you got a chance to experience some of our
09:11:53 water features, to cool off, at Curtis Hixon or Kate
09:11:58 I think Giddens has one too.
09:12:00 It was a tough duty to come here in July.
09:12:04 But we appreciate it and thank you, Karen and to all
09:12:07 the Parks Department people who worked so hard on this
09:12:10 accreditation attempt and good luck with it.
09:12:13 I'm sure that you showed the city off really well in
09:12:15 the Parks Department.
09:12:17 So thank you.
09:12:19 >> Honorable Chair, on behalf of the National Parks and
09:12:21 Recreation, we have a couple visitors with us this
09:12:25 One of those individuals wanted to say a few words on
09:12:27 behalf of the benefits she and her fellow participants
09:12:30 at the Barksdale Senior Center.
09:12:33 And Gail Greathouse is here on our behalf and their
09:12:38 >> Great, thank you.
09:12:39 >> Good morning.
09:12:40 I'm here to give you an update on what's happening at
09:12:44 the Senior Center Barksdale.
09:12:46 And I'm happy to say that things are moving along very
09:12:50 There's changes that are being implemented.
09:12:54 And they're good ones.
09:12:55 And we're getting back some things.
09:12:58 We got back our movies, so we are happy about that.
09:13:00 And we have -- well, we have two socials a month, on
09:13:05 Wednesdays, and we're working towards going back to
09:13:08 four, which I will see what works best, what's going to
09:13:13 attract people to our socials.
09:13:14 And our staff at Barksdale is able to participate more
09:13:18 with us, and we are hoping for even more participation
09:13:21 from them as we go along.
09:13:24 So things are moving along in a very positive
09:13:26 direction, I'm happy to say.
09:13:28 And just to end this, I would like to give out some
09:13:31 thank yous.
09:13:32 I want to thank Karen Palus for implementing the
09:13:37 changes she's been doing and continuing to do.
09:13:41 Want to thank Barry Thomas for stopping by frequently
09:13:45 to see how we are doing and talk to the seniors.
09:13:47 And I want to especially thank Mary Beth Grant for her
09:13:51 total dedication to the seniors at Barksdale.
09:13:54 And of course all the staff at Barksdale is there for
09:13:57 us and we are very happy and we appreciate that.
09:13:59 And last but not least, I want to thank Charlie Miranda
09:14:02 and his aide, Mary Bryant, for helping us and listening
09:14:06 to us, and all of you at the City Council for taking
09:14:09 care of the seniors of this community.
09:14:10 Thank you.
09:14:12 >>MARY MULHERN: Thank you.
09:14:14 [ Applause ]
09:14:21 >> Anything else?
09:14:23 >>MARY MULHERN: Any questions?
09:14:24 Thank you, Karen.
09:14:26 We'll move on to the approval of the agenda.
09:14:46 >>THE CLERK: To review the agenda, to the agenda for
09:14:54 Under new business item, we have a request from Sonya
09:14:57 Little, chief financial officer, that the county -- the
09:15:03 Council sets the dates and times to hold the two public
09:15:07 hearings on the budget and proposed millage rates as
09:15:12 follows: The first hearing will be Wednesday,
09:15:16 September 7th, 2011 at 5:01 p.m.
09:15:20 The second one will be Wednesday, September 21st, 2011
09:15:25 at 5:01 p.m.
09:15:28 Under substitutions of agenda items, Item 23, we have a
09:15:36 resolution approving the appointment of Jeffrie Hood
09:15:42 Van Loveren to fill the position on the Human Rights
09:15:48 We have a request for substitution of the resolution to
09:15:52 correct the length of time from two to three years.
09:15:56 We have a continuance review hearing on the petition of
09:16:05 Koto Japanese Steakhouse and Sushi Incorporated.
09:16:08 Julia Cole, Assistant City Attorney, is requesting a
09:16:15 continuance to August 25th, 2011 at 10:30 a.m.
09:16:23 Under items removed from the committee reports,
09:16:27 Councilmember Montelione is requesting items 14 and 35
09:16:31 be removed from the committee reports and be discussed
09:16:35 with staff reports.
09:16:36 And understand you're going to talk about the absences.
09:16:46 >>MARY MULHERN: Yes.
09:16:47 >>THE CLERK: Okay.
09:16:48 Thank you, that's it.
09:16:49 And we request approval of the agenda.
09:16:54 >>MARY MULHERN: Thank you.
09:16:56 First, I'd like to ask Councilman Cohen, our finance
09:17:02 chair, if you'd like to make a motion to schedule those
09:17:06 two budget hearings?
09:17:07 >> So moved.
09:17:08 >> Second.
09:17:09 >>MARY MULHERN: All in favor?
09:17:11 Anyone opposed?
09:17:13 And we have a memo from Chairman Miranda, please be
09:17:21 advised that I'll be unable to attend the City Council
09:17:23 meeting this Thursday, due to medical reasons.
09:17:28 And I think if we get a motion just to approve that
09:17:40 those -- the addendum.
09:17:44 >> Motion to approve the agenda as amended by Shirley
09:17:50 >> Second.
09:17:51 >> Mr. Shelby?
09:17:54 >> Thank you.
09:17:54 Just as a reminder, because Item 61 is set for a public
09:17:58 hearing at 10:30, it will have to -- that item will
09:18:02 have to be taken up at that point.
09:18:04 >>MARY MULHERN: We'll take it up then.
09:18:05 All in favor?
09:18:06 Anyone opposed?
09:18:08 Thank you.
09:18:10 We'll now move on to the public comment portion of the
09:18:16 We have allotted 30 minutes for anyone in the public to
09:18:21 speak on any matters, other than those set for public
09:18:26 hearing today.
09:18:26 Three minutes per speaker.
09:18:30 And preference shall be given to speakers wishing to
09:18:33 address items on the agenda.
09:18:35 So if you're speaking to something on the agenda,
09:18:38 please come up first.
09:18:40 Thank you.
09:18:40 Please give your name and address.
09:18:42 >> I'm Ed Tillou, I come down here from Sulphur
09:18:50 I'm going to try to speak about three things here, and
09:18:53 they actually are on the agenda.
09:18:55 The first thing is about the lawn fertilizer economic
09:18:58 study that Mr. Reddick advocated.
09:19:00 That's very wise, because this is where the
09:19:02 slow-release fertilizer issue can be taken up.
09:19:05 What people need to do is go up to Line Bow, Nebraska,
09:19:11 which of course is not Sulphur Springs, but Castle
09:19:15 And look at the stormwater retention thing there.
09:19:17 It's like pea soup, which interestingly enough, that's
09:19:21 from the Netherlands and you see, their waterways and
09:19:25 their ponds and everything, oftentimes is green, solid
09:19:29 But you can go up to Line Bow, Nebraska and if you go
09:19:32 up there during a rain storm, you'll see the street
09:19:35 closed with the water coming out.
09:19:36 Because its drainage is being clogged up by this algae.
09:19:40 You might actually have to go in and remove the top two
09:19:43 inches that's clogged with this algae because algicide
09:19:48 will kill it and it will still be there.
09:19:52 It's very important, this slow-release fertilizer, even
09:19:55 though it isn't the Yuppie theme, get the nitrogen out,
09:20:01 which actually one of the county commissioners has
09:20:02 picked up on.
09:20:03 Now, I don't know whether she slept through her biology
09:20:06 classes, but it's covered like hey, if you don't have
09:20:09 nitrogen, you don't have growth and you don't have
09:20:12 things living.
09:20:12 So it's not nitrogen.
09:20:14 It is nitrate salts, which actually are very
09:20:17 There's a vested interest.
09:20:19 You don't want nitrate salts out there, because it can
09:20:22 be made into explosives.
09:20:24 I was in Madison, Wisconsin after the Army research
09:20:29 center was bombed.
09:20:30 It took out a whole building.
09:20:32 It was a fertilizer and fuel oil bomb.
09:20:34 And it worked very well.
09:20:35 Somebody was in the building, they got killed.
09:20:40 And one of the sad things they say is that the older
09:20:43 guy was just kind of tagging along.
09:20:45 It was the young people that were the brains of the
09:20:47 operation and they got 10 or 15 years in jail.
09:20:50 But the older guy got about 20 or 25 and he was just
09:20:54 tagging along.
09:20:55 He was not the brains of the operation.
09:20:56 So what you want to get out is nitrate salts.
09:20:59 And the place to do this is this economic study,
09:21:03 because like if you exempt slow-release fertilizer, you
09:21:09 might have a couple three more people working during
09:21:14 the rainy season, but more importantly, maybe people
09:21:18 will fertilize their lawns half as much and pay twice
09:21:22 as much to do it.
09:21:23 There's some kind of tradeoff there.
09:21:25 So, that won't be going into the water, won't be ending
09:21:28 up on Line Bow in Nebraska.
09:21:30 Second item, I hope I can get into is misuse of red
09:21:34 light cameras.
09:21:35 When they have fines of $160 rather than 70 or 80,
09:21:39 because they're not being applied to the right thing,
09:21:41 which is turning cars.
09:21:43 They can be facilitated with bounce stops, which is
09:21:47 another California idea.
09:21:48 There was a lot of argument --
09:21:51 >>MARY MULHERN: Thank you, sir, your time's up.
09:21:53 >> Okay.
09:21:53 Well, I guess I get one item each time.
09:22:03 >> Good morning, Madam Chair.
09:22:05 This is an off agenda item, so if there are other
09:22:09 people, they're speaking on an agenda item, I'll be
09:22:11 more than happy to defer.
09:22:13 If not, may I continue?
09:22:17 >>MARY MULHERN: Yes.
09:22:18 >> Thank you very much.
09:22:18 Good morning, Madam Chair, members of Council.
09:22:22 This is my first visit here since you all had your
09:22:25 successful campaigns and won the seats you sit in and I
09:22:27 personally congratulate you.
09:22:28 I'm here this morning to talk about sidewalks.
09:22:32 I'm not here to request, I'm not here to complain.
09:22:34 I'm here to say thanks.
09:22:36 Pass out some attaboys if you would.
09:22:40 Where I come, an attaboy is a thanks for a job well
09:22:44 Those of you here in February, I was down here twice
09:22:47 requesting my sidewalk, the missing sidewalk on Lois
09:22:51 south to Pearl and on around to Manhattan.
09:22:54 And I'm happy to say, they are done.
09:22:56 They're done.
09:22:58 So I'd like to pass an attaboy to the previous Council.
09:23:02 To Mr. Daignault, who stood right where I'm standing
09:23:06 and assured Chairman Scott and me that I would get my
09:23:10 sidewalks, or we would.
09:23:11 It's done.
09:23:11 Also to Herb Lee and Jim Washington, and last but not
09:23:19 least, the contractor, DBE&C.
09:23:22 This is the second project they've done in our
09:23:25 And having spent 35 years in construction, I can tell
09:23:29 you that they have done a very, very fine job and I
09:23:33 would certainly ask the administration that if these
09:23:36 people remain competitive, that they continue to use
09:23:39 One last thing.
09:23:41 Thank public works, the fine job they did at the
09:23:44 railroad crossings at Pearl, Iowa, Manhattan.
09:23:48 Those sidewalks are in, the crossings are in.
09:23:52 I realize it's difficult sometimes to work with CSX.
09:23:55 Because time frame, they don't always look at their
09:23:59 But all those are done and I just want to thank public
09:24:01 works and all the people involved.
09:24:03 Thank you very much, Madam Chair.
09:24:05 >>MARY MULHERN: Thank you very much.
09:24:15 >> Good morning.
09:24:19 Jeff Davis, from Treasure Island, Florida.
09:24:21 And I'm an employee of the United States Tennis
09:24:24 Who wants good news today?
09:24:26 Thank you, Council.
09:24:31 And Madam Chair.
09:24:32 We live in difficult times.
09:24:35 With budget cuts, childhood obesity, and I bring good
09:24:39 The United States Tennis Association has a broad
09:24:43 sweeping initiative that's going to change the
09:24:45 landscape of tennis for kids ten and under.
09:24:48 The ten and under tennis initiative is a national
09:24:53 The USDA has committed ten million dollars to
09:24:56 communities across the country, including the Tampa
09:24:58 area, we have committed $100,000 over the next three
09:25:02 years to provide resources for things like programming,
09:25:08 marketing, equipment, and training.
09:25:12 We have begun a partnership with the City of Tampa
09:25:15 parks and recreation department.
09:25:16 That will see these to fruition.
09:25:20 Our goal is create a pathway for kids ten and under to
09:25:24 get into the sport of tennis and continue along that
09:25:26 path through their childhood.
09:25:28 We have entered into a partnership, when I say we, the
09:25:32 United States Tennis Association, the governing body of
09:25:35 tennis in the United States.
09:25:36 And its arm, the USTA Florida section.
09:25:39 We have created partnerships in this community,
09:25:43 including the school district of Hillsborough County,
09:25:44 the Hillsborough County Tennis Association and the
09:25:47 largest ten and under tennis facility in the state of
09:25:51 Florida, it's the tennis facility on the campus of
09:25:54 Hillsborough Community College, Dale Mabry campus.
09:25:57 We'd like to continue that partnership.
09:26:00 You have before you a document, a partnership agreement
09:26:02 that will solidify our partnership and the commitment
09:26:06 on both parties for growing the sport of tennis in ten
09:26:09 and under tennis.
09:26:11 The initiative itself, it provides an entirely
09:26:14 different play format for kids.
09:26:16 Smaller courts, smaller rackets.
09:26:18 Various types of tennis balls for them, new scoring
09:26:23 We currently have 17 of the City of Tampa parks and rec
09:26:27 sites that are delivering a ten and under tennis
09:26:30 program that began this summer.
09:26:31 We are proud of that and look forward to continuing
09:26:33 that partnership and very much look forward to your
09:26:35 approval of this partnership document.
09:26:37 Thank you.
09:26:39 >>MARY MULHERN: Thank you.
09:26:39 Any other public comments this morning?
09:26:45 We'll move on to -- are there any requests by the
09:26:54 public for reconsideration of legislative matters?
09:26:58 Seeing none, we'll move on to our committee reports.
09:27:08 And consent agenda items.
09:27:14 Starting with public safety, Councilman Reddick.
09:27:17 >>FRANK REDDICK: Madam Chair, move items 3 through 5.
09:27:21 >> Second.
09:27:21 >> All in favor?
09:27:23 >> Aye.
09:27:24 Anyone opposed?
09:27:30 >> Parks and recreation, Councilmember Montelione, if
09:27:33 you could move those items?
09:27:35 >>LISA MONTELIONE: Madam Chair, I moves items 6 through
09:27:39 >> Second.
09:27:40 >> All in favor?
09:27:41 Anyone opposed?
09:27:44 Councilman Suarez, public works committee?
09:27:47 >>MIKE SUAREZ: I move items 11 through 13 and items 15
09:27:51 through 21.
09:27:56 >>MARY MULHERN: Item 14 will be moved to staff reports.
09:27:59 All in favor?
09:28:01 Anyone opposed?
09:28:02 Move on to the finance committee.
09:28:06 Councilman Cohen?
09:28:08 >>HARRY COHEN: Madam Chair, I moves items 22, 23, and
09:28:12 >> Second.
09:28:12 >> All in favor?
09:28:13 Anyone opposed?
09:28:15 We'll move to buildings, zoning and preservation.
09:28:18 Councilwoman Montelione?
09:28:20 >>LISA MONTELIONE: Madam Chair, I move items 25 through
09:28:22 34 and 36 through 39.
09:28:25 >> Second.
09:28:27 >> All in favor?
09:28:29 Anyone opposed?
09:28:31 Item 35 will be heard under staff reports.
09:28:35 Move on to transportation committee.
09:28:39 Councilwoman Capin?
09:28:41 >>YVONNE CAPIN: Thank you, Madam Chair.
09:28:42 I move item 40 and 41.
09:28:45 >> Second.
09:28:45 >>MARY MULHERN: All in favor?
09:28:47 Anyone opposed?
09:28:49 And we need to set the items for public hearing,
09:28:55 Councilman Cohen, if you could move those.
09:28:57 >>HARRY COHEN: Madam Chair, move items 42 through 46.
09:29:06 >>> Second.
09:29:06 >> All in favor?
09:29:08 Anyone opposed?
09:29:14 >>MARY MULHERN: It is 9:30.
09:29:16 So I believe we can move to our 9:30 public hearings.
09:29:20 Second readings on proposed ordinances.
09:29:24 Need a motion to open items 47 and 48.
09:29:30 >> So moved.
09:29:31 >> Second.
09:29:32 >>MARY MULHERN: All in favor?
09:29:33 Anyone opposed?
09:29:35 Councilwoman Montelione?
09:29:40 If you could read number 47?
09:29:45 >>LISA MONTELIONE: I move an ordinance being presented
09:29:46 for second reading and adoption, an ordinance of the
09:29:49 City of Tampa, Florida amending Tampa code of
09:29:51 ordinances chapter 15, parking, adding provisions to
09:29:55 allow for electronic form of payment for parking
09:29:57 meters, amending section 15-56, adding new section
09:30:01 relating to electrical vehicle charging station
09:30:05 >> Second.
09:30:07 >> Repealing all ordinances or parts of ordinances in
09:30:08 conflict therewith, providing for severability,
09:30:11 providing an effective date.
09:30:15 >>MARY MULHERN: Thank you.
09:30:16 Before we vote, I'd like to ask if there's anyone from
09:30:18 the public who wishes to speak on this item?
09:30:20 Seeing none, all in favor?
09:30:26 >> You need to close.
09:30:28 >> Motion to close.
09:30:29 >> Second.
09:30:30 >>MARY MULHERN: All in favor?
09:30:33 All in favor of the motion?
09:30:35 >> Vote and record.
09:30:38 >> Please vote and record.
09:30:50 >> Motion carried with Miranda being absent.
09:30:57 >>MARY MULHERN: Thank you.
09:30:57 These aren't showing on our screen.
09:31:03 Is it showing for you?
09:31:05 >> Yes.
09:31:06 >> Here we go.
09:31:08 >>MARY MULHERN: Thank you.
09:31:09 Item 48, is there anyone who wishes to speak on this
09:31:15 Seeing none, as for motion to close, public hearing on
09:31:24 item 48.
09:31:25 >> So moved.
09:31:25 >> Second.
09:31:26 >>MARY MULHERN: All in favor?
09:31:29 Councilman Cohen, if you could read item 48.
09:31:34 >>HARRY COHEN: I move ordinance being presented for
09:31:35 second reading and adoption, an ordinance granting to
09:31:37 the university of Tampa Incorporated, a Florida
09:31:39 non-profit corporation, its successors and assigns, a
09:31:42 nonexclusive franchise to use the public streets,
09:31:45 alleys, highways, waterways, bridges, easements and
09:31:49 other public places of the City of Tampa for the
09:31:51 construction, maintenance and operation of chiller
09:31:54 lines, including all necessary appurtenances for the
09:31:57 delivery and return of chilled water for the University
09:31:59 of Tampa, in the City of Tampa and prescribing the
09:32:02 terms and conditions under which said nonexclusive
09:32:05 franchise may be exercised, providing for severability,
09:32:08 providing an effective date.
09:32:11 >>MARY MULHERN: Is there a second?
09:32:12 >> Second.
09:32:13 >>MARY MULHERN: All in favor
09:32:16 -- vote and record.
09:32:36 >>THE CLERK: Motion carried with Miranda being absent.
09:32:40 >>MARY MULHERN: Thank you.
09:32:41 We'll move on to public hearings, second readings,
09:32:49 quasi-judicial items.
09:32:51 If we could have a motion to open items 49 through 52.
09:33:00 >> So moved.
09:33:02 >> Second.
09:33:03 >>MARY MULHERN: All in favor?
09:33:05 Anyone opposed?
09:33:07 And at this time, I would ask for anyone who wishes to
09:33:11 speak on any of these -- any items today, and
09:33:16 especially items 49 through 52, to please stand and be
09:33:20 sworn in.
09:33:24 [Oath administered by Clerk]
09:33:32 >> Mr. Shelby?
09:33:34 >>MARTIN SHELBY: Thank you.
09:33:35 Council, I ask that all written material that has been
09:33:38 available for public inspection in City Council's
09:33:40 office be received and filed into the record at this
09:33:42 time by motion, please.
09:33:44 >> So moved.
09:33:45 >> Second.
09:33:46 >> All in favor?
09:33:48 Anyone opposed?
09:33:49 >>MARTIN SHELBY: Thank you.
09:33:50 >>MARY MULHERN: Thank you.
09:33:51 We'll move to item number 49.
09:33:53 Councilman Reddick?
09:33:58 Is there anyone who wishes to speak on item number 49?
09:34:02 Seeing none.
09:34:04 >>FRANK REDDICK: Thank you, Madam Chair.
09:34:05 Move to adopt --
09:34:09 >> I'm sorry.
09:34:11 Councilwoman Capin.
09:34:12 >> We need a motion to close.
09:34:14 >> Move to close.
09:34:17 >> Second.
09:34:18 >>MARY MULHERN: All in favor?
09:34:20 Thank you.
09:34:25 >>FRANK REDDICK: Move to adopt ordinance being
09:34:26 presented for second reading, an ordinance vacating,
09:34:29 closing, discontinuing, abandoning a certain
09:34:31 right-of-way, all that portion of York Street south of
09:34:33 McKay Street, north of Cumberland Street, east of
09:34:36 Channelside Drive and west of Ybor Channel, in the City
09:34:40 of Tampa, Hillsborough County, Florida, the same being
09:34:43 more fully described in section 2 hereof, subject to
09:34:47 certain easements, covenants, conditions and
09:34:49 restrictions, as more particularly described herein,
09:34:52 providing an effective date.
09:34:56 >> Second?
09:34:57 >> Second.
09:34:58 >> All in favor?
09:34:59 Vote and record.
09:35:11 >> Motion carried with Miranda being absent.
09:35:16 >>MARY MULHERN: Item number 50.
09:35:18 Is there anyone in the public who wishes to speak on
09:35:21 this item?
09:35:22 Can I get a motion to close?
09:35:26 >> So moved.
09:35:28 >> Second.
09:35:29 >> All in favor?
09:35:31 And Councilwoman Capin, if you could read that.
09:35:37 >>YVONNE CAPIN: Yes, Chairwoman.
09:35:39 An ordinance being presented for second reading and
09:35:41 adoption, an ordinance vacating, closing, discontinuing
09:35:44 and abandoning a certain right-of-way all that east,
09:35:48 west alleyway lying south of north Bay Street, north of
09:35:51 Ida Street, east of 22nd Street, and west of
09:35:54 24th street, in Progreso subdivision in the City of
09:35:58 Tampa, Florida, the same being more fully described in
09:36:00 section 2 hereof, providing an effective date.
09:36:05 >> Second.
09:36:07 >>MARY MULHERN: Please vote and record.
09:36:18 >>THE CLERK: Motion carried with Miranda being absent.
09:36:22 >>MARY MULHERN: Thank you.
09:36:23 Item 51, is there anyone in the public who wishes to
09:36:28 speak on this?
09:36:29 >> Joel Sousa, land development.
09:36:33 Here to state that V11-184 is planted and certified.
09:36:36 Here to answer any questions.
09:36:37 Same applies to V11-197.
09:36:41 >>MARY MULHERN: Thank you.
09:36:42 We have a motion to close item 51?
09:36:50 >> So moved.
09:36:51 >> Second.
09:36:52 >> All in favor?
09:36:53 Anyone opposed?
09:36:55 Councilman Suarez?
09:36:57 >>MIKE SUAREZ: I move an ordinance being presented for
09:36:59 second reading and adoption, an ordinance approving a
09:37:02 special use permit, S-2 for alcoholic beverage sales,
09:37:06 small venue and making lawful the sale of beverages
09:37:08 containing alcohol of more than one percent by weight
09:37:10 and not more than 14% by weight and wines regardless of
09:37:13 alcoholic content, beer and wine, 2(COP) for
09:37:19 consumption on premises and in sealed containers for
09:37:22 consumption off premises at or from that certain lot,
09:37:25 plot or tract of land located at 1702, 1704, and 1716
09:37:30 North Howard Avenue, Tampa, Florida, as more
09:37:33 particularly described in section 2 hereof, providing
09:37:37 for repeal of all ordinances in conflict, providing an
09:37:38 effective date.
09:37:38 >> Second.
09:37:44 >> Motion made by Councilman Suarez, seconded by
09:37:48 Councilman Reddick.
09:37:49 Please vote and record.
09:38:07 >>THE CLERK: Motion carried with Miranda being absent.
09:38:13 >>MARY MULHERN: Item number 52, is there anyone who
09:38:15 wishes to speak on this item?
09:38:17 Seeing no one, can I have a motion to close?
09:38:22 >> Move to close.
09:38:23 >> Second.
09:38:25 >>MARY MULHERN: All in favor?
09:38:27 Anyone opposed?
09:38:29 Councilwoman Montelione, if you could read that?
09:38:42 >>LISA MONTELIONE: Item number 52.
09:38:43 Ordinance being presented for second reading and
09:38:47 adoption, an ordinance approving special use permit S-2
09:38:50 for alcoholic beverage sales, small venue and making
09:38:53 lawful the sale of beverages regardless of alcoholic
09:38:56 content, beer wine and liquor, 3PS, in sealed
09:39:00 containers for consumption off premises, only at or
09:39:05 from that certain lot, plot, or tract of land located
09:39:08 at 3434 West Columbus Drive, unit 105, Tampa, Florida,
09:39:12 as more particularly described in section 2 hereof,
09:39:15 providing for repeal of all ordinances in conflict,
09:39:16 providing an effective date.
09:39:19 >> Second.
09:39:22 >>MARY MULHERN: All in favor -- everyone please vote
09:39:25 and record.
09:39:25 I need to revote.
09:39:37 I voted wrong.
09:39:38 Thank you.
09:39:53 >>THE CLERK: Motion carried with Mulhern and Cohen
09:39:56 voting no and Miranda being absent.
09:40:03 >>MARY MULHERN: I think we need to have a motion to
09:40:06 open 53 and 54.
09:40:10 Is that correct?
09:40:12 >> Madam Chair, respectfully, that cannot be taken up
09:40:15 until 10:00 a.m.
09:40:16 The remaining public hearings take place 10:00 a.m. and
09:40:22 >>MARY MULHERN: Okay.
09:40:24 We're running early.
09:40:27 >> Madam Chair, may I ask question of the, our counsel?
09:40:36 >>MARY MULHERN: Yes.
09:40:37 >> Can we open up staff reports for, even though they
09:40:41 put 10:00 a.m. certain, is that possible?
09:40:45 >>MARTIN SHELBY: Yes, that is possible.
09:40:46 There's no legal requirement that says they can't be
09:40:49 taken up.
09:40:49 However, I just wish to bring to Council's attention a
09:40:53 concern that when the public sees that, and this is
09:40:56 something we may have to address with Chairman Miranda
09:40:58 when he returns, the fact it says time certain, there
09:41:01 may be members of the public who would anticipate it
09:41:03 would not be taken up before then.
09:41:05 So, my suggestion would be if it's, particularly if
09:41:09 it's an issue of a particular Council, if it's okay
09:41:13 with that Councilmember to take up that item in
09:41:15 advance, or wishes to hold it, that would be their
09:41:19 It's the prerogative of Council, but just a caution,
09:41:22 that is a concern, there may be people in the public
09:41:27 who would not anticipate it being taken up sooner.
09:41:30 That is something we can suggest.
09:41:33 >>MARY MULHERN: I suggest at this point, we move to new
09:41:35 business, that way we won't have to worry about that.
09:41:37 We'll take care of new business in the meantime.
09:41:42 We may get to 10:00 or we can have a very short break.
09:41:48 I'm guessing that there is some new business.
09:41:52 >> Madam Chair, I have new business.
09:41:54 I would like to amend a motion that I had made for a
09:42:02 workshop for the efficiency workshop that is scheduled.
09:42:05 I'd like to invite audit.
09:42:08 I've spoken with our audit staff internally, and they
09:42:12 had expressed a desire to be here to be speaking to
09:42:16 that item in September.
09:42:18 I believe is the workshop.
09:42:19 So it's just to add audit to the list of invitees to
09:42:26 that workshop.
09:42:28 >>MARY MULHERN: And the clerk, you have that date?
09:42:37 >> Second.
09:42:37 >>MARY MULHERN: All in favor?
09:42:44 >> 10:30 on September 15.
09:42:46 >> The second piece of new business, and this is not a
09:42:49 motion, but just for folks to have this on their radar.
09:42:52 The motion to bring the Lightning here for recognition
09:42:55 of their achievements this past season.
09:43:01 The staff of the Lightning mentioned August 25th might
09:43:04 be a good date with them.
09:43:06 Still working with them.
09:43:07 Waiting for some of the players to return to town and
09:43:09 some of the coaching staff, so as soon as we get a
09:43:12 solid date, I will make that known.
09:43:14 But we're looking at August 25th at this point.
09:43:18 >>MARY MULHERN: So you want to wait?
09:43:20 >> Informational item.
09:43:21 >>MARY MULHERN: Thanks.
09:43:21 Anything else?
09:43:23 >> That's it.
09:43:25 >>MARY MULHERN: Councilman Cohen?
09:43:31 Councilwoman Capin?
09:43:33 >>YVONNE CAPIN: I have two.
09:43:34 First of all, today is July 14th.
09:43:36 I want to acknowledge tomorrow, July 15th is the
09:43:40 124th anniversary of the City of Tampa.
09:43:42 So we won't be here, so I want to say happy
09:43:48 City is getting up there in age.
09:43:53 [ Laughter ]
09:43:55 >> We need to make plans for 125.
09:43:57 Thank you.
09:44:00 I'd like to make a motion to allow a presentation to
09:44:07 Council for a plan of alternatives to incarceration of
09:44:12 street solicitors in the event that street solicitation
09:44:15 ordinance is passed by City Council August 4th.
09:44:19 A group of citizens have been researching and working
09:44:21 on this issue, and I ask that we give them ten minutes
09:44:25 to present their plan for creating a citizens task
09:44:29 I would ask for ten minutes at 9:00 a.m.
09:44:33 >> Second.
09:44:36 >> August 4th.
09:44:38 >>MARY MULHERN: All in favor?
09:44:41 Anything else?
09:44:44 >>YVONNE CAPIN: That's it.
09:44:47 >>YVONNE CAPIN: Councilman Suarez?
09:44:49 >>MIKE SUAREZ: No new business.
09:44:51 >>MARY MULHERN: We are really speedy today.
09:44:53 >> Madam Chair, I move that we have a short recess
09:44:55 until 10:00 a.m.
09:44:57 >> Second.
09:44:58 >> Great.
09:44:58 All in favor?
09:45:00 We'll be back at 10:00 a.m.
10:01:46 >>MARY MULHERN: Call to order for 10:00 public
10:01:50 We'll need a motion to open the public hearing.
10:01:59 >>THE CLERK: We need to have roll call.
10:02:01 >> A roll call vote please.
10:02:02 Roll call, please.
10:02:05 >>MIKE SUAREZ: Here.
10:02:06 >>YVONNE CAPIN: Present.
10:02:07 >>FRANK REDDICK: Here.
10:02:08 >>MARY MULHERN: Here.
10:02:09 >>HARRY COHEN: Here.
10:02:13 >>MARY MULHERN: If we could have a motion to open items
10:02:18 53 and 54.
10:02:19 >> So moved.
10:02:20 >> Second.
10:02:21 >> All in favor?
10:02:23 Any opposed?
10:02:24 And we will go to item 53.
10:02:33 >> Good morning, Council.
10:02:34 Ron Vila, staff for historic preservation.
10:02:37 I have not been sworn.
10:02:39 >>MARY MULHERN: If everyone, anyone who wishes to speak
10:02:42 on any item, could please stand and be sworn in.
10:02:47 Any of our 10:00 items.
10:02:55 [Oath administered by Clerk]
10:03:00 >> Item 53 is here for an ad valorem tax exception.
10:03:05 This is a residential structure at 2105 Marjory Avenue
10:03:10 in the Hyde Park Historic District and owned by James
10:03:14 This is a photo prior to rehabilitation.
10:03:18 This is the front porch that was enclosed.
10:03:23 And you see the canopies that were in existence prior
10:03:27 to rehabilitation.
10:03:27 This is a photo that was taken after rehabilitation.
10:03:33 This was reviewed and approved by the Architectural
10:03:36 Review Commission.
10:03:37 This is just another shot of the front entryway.
10:03:42 Leading to the front door.
10:03:44 And after rehabilitation, you see of the character
10:03:51 defining features, the casement windows on the porch,
10:03:54 the transom over the period door.
10:03:57 The piers and the columns.
10:03:59 Moving to the side elevation, this request did
10:04:09 encompass an addition, if you look in the next photo,
10:04:12 there will be an addition here of a two-story structure
10:04:15 that was sensibly done.
10:04:18 Which is indicated in this photo here.
10:04:20 So this was the primary structure.
10:04:22 And then at this point, was the addition.
10:04:25 Moving to the interior, shows some of the woodwork and
10:04:32 the decay of the period wood.
10:04:35 And then after rehabilitation.
10:04:44 This was the same wood, it was brought out.
10:04:46 It was crafted and brought out.
10:04:48 And then you see the banding that was put in place.
10:04:51 Some of the period hardware that was prior to
10:04:56 rehabilitation, you see the push knobs, the door and
10:05:00 the crystal knobs.
10:05:01 And then much research was done in the renovation to
10:05:06 the interior to bring it back to its craftsman look, to
10:05:10 the hammered hardware here, with the levers.
10:05:14 And lastly on this residential structure is the
10:05:20 And the condition prior to rehabilitation.
10:05:23 And then after rehabilitation.
10:05:25 The implement of the ceramic tile that's very period
10:05:31 for the craftsman style.
10:05:33 So this structure was reviewed and the interior and
10:05:38 exterior, it met the secretary of interior standards
10:05:40 and was approved by the ARC commission.
10:05:44 >>MARY MULHERN: Thank you.
10:05:45 Will you take up item 54 now?
10:05:55 We need to approve...
10:05:58 Does anyone wish to speak on item 53?
10:06:02 Any questions from Council?
10:06:06 Motion to close?
10:06:10 >> Second.
10:06:11 >> All in favor?
10:06:13 Councilman Cohen, could you read item 53?
10:06:21 >>HARRY COHEN: I move an ordinance being presented for
10:06:22 first reading consideration, an ordinance approving an
10:06:25 historic preservation property exemption application
10:06:28 relative to the restoration, renovation, rehabilitation
10:06:32 of certain property owned by James E. Blackwood,
10:06:36 located at 2105 Marjory Avenue, Tampa, Florida in the
10:06:40 Hyde Park Historic District based on certain findings,
10:06:43 providing for notice to the property appraiser of
10:06:45 Hillsborough County, providing for severability,
10:06:48 providing for repeal of all ordinances in conflict,
10:06:49 providing an effective date.
10:06:52 >> Second.
10:06:55 >> Motion made by Councilman Cohen, seconded by
10:07:00 Councilman Suarez.
10:07:01 All in favor?
10:07:02 Anyone opposed?
10:07:05 >>THE CLERK: Motion carried with Miranda being absent.
10:07:07 Second reading of the ordinance will be held July the
10:07:10 28th at 9:30 a.m.
10:07:14 >>MARY MULHERN: Item 54.
10:07:15 >> Item 54 is also for ad valorem tax exemption.
10:07:18 This is a commercial structure located within the Ybor
10:07:21 City Historic District.
10:07:22 The address is 1315-7th Avenue, known as the Sans Souci
10:07:28 If we could go to the Elmo.
10:07:30 This is a shot from the early 1900s.
10:07:34 You see the sign here indicating the Sans Souci.
10:07:39 And you see the pedestrian scale of the building, how
10:07:41 it respects the sidewalk.
10:07:42 This building was constructed in 1906.
10:07:48 It was very important in the infancy of Ybor City.
10:07:52 It housed a penny arcade, it housed a telegraph office,
10:07:57 a bowling alley, Ybor City loan office, a tailor, Wolf
10:08:03 Brothers department store was in this building, as well
10:08:05 as a barber shop.
10:08:07 A general store, a movie theater, and then lastly, the
10:08:11 Babcock furniture store was in here.
10:08:14 This was, as I stated, in the early 1900s.
10:08:20 This is a photo in 1980.
10:08:24 Prior to rehabilitation, and then how it appears today.
10:08:30 This is another angle of that same storefront, showing
10:08:38 the display windows on the sidewalk level, and then the
10:08:43 two-story window casings.
10:08:46 As you move around, a series of photos to the rear
10:08:50 And how it appears today, to let some natural light in
10:08:57 for the offices.
10:08:58 Moving to the interior, prior to rehabilitation, it was
10:09:04 in a deteriorated state.
10:09:06 And once again, this is a series of photos of the
10:09:12 interior prior to rehabilitation.
10:09:13 And then how it appears today.
10:09:16 Bringing back the luster of the baseboards, the smooth
10:09:25 stucco only the interior, the display windows and the
10:09:29 transom, the schoolhouse lighting, that's very period.
10:09:33 Looking out one of the display windows.
10:09:41 Accessibility from the first floor to the second floor.
10:09:53 Once you get into the hallway, the second floor, very
10:09:56 tasteful rehabilitation.
10:09:58 And this request also meets the secretary of interior
10:10:03 Thank you.
10:10:06 >>MARY MULHERN: It's beautiful.
10:10:07 What's the use?
10:10:11 Or are there various uses?
10:10:13 >> There's various uses, offices, a pharmacy on the
10:10:17 first floor and offices on the second floor.
10:10:19 It's almost completely occupied.
10:10:21 They have, I believe, approximately 30,000 square foot,
10:10:24 so brings back a little vibrancy to Ybor City.
10:10:27 >>MARY MULHERN: That's great that we have offices and
10:10:30 retail pharmacy there.
10:10:33 Anyone else wish to speak on this?
10:10:38 Need a motion to close.
10:10:39 >> So moved.
10:10:42 >> Second.
10:10:42 >> Motion made by Councilman Suarez, seconded by
10:10:48 Councilwoman Capin.
10:10:49 All in favor?
10:10:50 Councilman Reddick, could you read item 54?
10:10:55 >>FRANK REDDICK: Yes, Madam Chair.
10:10:56 Move ordinance being presented for first reading, first
10:11:00 reading consideration.
10:11:02 Order approving historic residential property tax
10:11:05 exemption, application relative to restoration,
10:11:08 renovation or rehabilitation of certain Property Owned
10:11:11 by Ybor City Property Group, LLC, located at 1315 east
10:11:16 seventh avenue, Tampa, Florida, in the Ybor City
10:11:18 Historic District, based upon certain findings,
10:11:23 providing for notice to the property appraiser in
10:11:25 Hillsborough County, providing for severability,
10:11:29 providing for repeal of all ordinances in conflict,
10:11:29 providing an effective date.
10:11:30 >> Second.
10:11:34 >> Motion made by Councilman Reddick, seconded by
10:11:38 Councilman Suarez.
10:11:40 All in favor?
10:11:42 >>THE CLERK: Motion carried with Miranda being absent.
10:11:44 Second reading of the ordinance will be held July the
10:11:47 14th -- I'm sorry, July the 28th at 9:30 a.m.
10:11:55 >> We'll now move to our 10:00 a.m. staff reports.
10:11:58 Item 55.
10:12:01 Councilman Cohen.
10:12:07 >>HARRY COHEN: I had originally continued this from
10:12:09 three weeks ago, due to some concerns that were brought
10:12:12 up to me by the Port Tampa City Civic Association.
10:12:16 Since that time, I have met with them.
10:12:19 And they have shifted from opposition to this project
10:12:23 to now being comfortable with it.
10:12:27 They had some questions.
10:12:28 They wanted those questions answered.
10:12:30 The staff of the city, both transportation and real
10:12:33 estate, have been very helpful in answering their
10:12:37 questions and I'm pleased to go ahead and move it
10:12:39 I wanted to also mention that part of our discussion
10:12:43 about this particular site, there were really two
10:12:47 things that the neighborhood brought up.
10:12:48 One was that they were interested in seeing if there
10:12:51 was an alternative site available that's now owned by
10:12:54 the school board.
10:12:55 That site was looked into.
10:12:57 The school board is not able -- it's part of their
10:13:01 long-range plan to put an elementary school there.
10:13:03 They actually spent some money working with an
10:13:05 architect to see if there was a way that the city could
10:13:08 use that site in conjunction with the school site.
10:13:11 That is not going to be able to take place.
10:13:13 The second thing that came up was regarding the price.
10:13:17 And little bit of research on the history of this
10:13:20 property shows that it sold in 2005 for over
10:13:24 $3 million.
10:13:24 It is now appraised at over $2 million.
10:13:27 And the $900,000 that's being spent to acquire it is
10:13:31 being partially funded by a grant from the state.
10:13:35 So, this appears to be a very good deal for the city.
10:13:40 >> Second.
10:13:43 >> I'd like to add to it, the comments that Councilman
10:13:46 Cohen made, because I too questioned the cost of the
10:13:48 property and sadly due to the downturn in the economy,
10:13:52 we did get a really good deal on this property.
10:13:54 There is also a grant in the contract for the sale,
10:14:01 purchase and sale is contingent upon our receiving
10:14:04 grant funds in the amount of $460,000.
10:14:07 So, partial portion of that full sales price is going
10:14:12 to be offset by the grant money we received.
10:14:15 And that will allow us to create a good deal of
10:14:18 conservation area on this property.
10:14:21 So, it will have a really nice green space and buffer
10:14:27 area as well as a fire station.
10:14:31 And as a bonus, we get to keep the stormwater pipes
10:14:35 that are on the site, so we got a little bit of a
10:14:38 bonus, so those are in excellent condition and
10:14:41 stormwater pipes are very large and very expensive.
10:14:44 And we'll be able to use that in our stormwater system
10:14:49 projects that are currently going on around the city.
10:14:51 So, we did get a bonus.
10:14:53 So I just wanted to mention that.
10:14:54 Thank you.
10:14:55 >>MARY MULHERN: Thank you.
10:14:56 Any other comments?
10:14:58 Motion made by Councilman Cohen, seconded by
10:15:02 Councilwoman Capin.
10:15:03 All in favor?
10:15:04 Item 56.
10:15:13 Councilman Reddick.
10:15:16 >>FRANK REDDICK: Thank you, Madam Chair.
10:15:18 We found that we have a serious problem with scrap
10:15:24 metal in this city and Hillsborough County.
10:15:26 And we have been working to see what we can do to
10:15:31 address this issue.
10:15:32 And I'm pleased to have, first I want to thank legal
10:15:38 that been working with TPD to see if we can come up to
10:15:43 a solution, a resolution pertaining to this problem.
10:15:46 And today, we have, before us, Captain O'Connor,
10:15:51 standing before us, he will be addressing this issue.
10:15:54 And then we have some members of the scrap metal
10:15:58 community, who is here as well, that would like to
10:16:02 I will assure you, once you hear the information
10:16:05 they're going to present to you today, you're going to
10:16:08 discover that we have a major, major problem in the
10:16:12 City of Tampa and Hillsborough County.
10:16:13 So, Captain O'Connor?
10:16:15 >> Good morning, Council.
10:16:17 Keith O'Connor, Captain with the Tampa Police
10:16:23 As Councilman Reddick said, the scrap metal problem is
10:16:27 an increasing problem for us in the city.
10:16:29 Currently we're at 47% increase on scrap metal related
10:16:32 thefts in the City of Tampa.
10:16:34 This goes hand in hand with the price of copper and
10:16:37 other metals.
10:16:38 As those prices rise, we always see an increase in
10:16:42 these thefts.
10:16:43 I want to draw your attention to this map.
10:16:45 It's a citywide map with a bunch of dots on it.
10:16:48 With the exception of the green dots, every one of
10:16:52 those dots relates to a scrap metal theft.
10:16:55 So the point here is this is a citywide problem, it's
10:16:58 not just isolated to one part of the city.
10:17:01 We're having problems throughout the city.
10:17:03 In addition to the price of copper, where there's an
10:17:09 abundance of vacant homes, due to the foreclosure in
10:17:13 the apartment.
10:17:14 These vacant homes and apartments and buildings are
10:17:18 being attacked for appliances and AC units and scrap
10:17:23 Currently, we have been investigating scrap metal for
10:17:26 years now.
10:17:27 We have taken a strong stance to combat it.
10:17:30 We have detective Dan Hinsz, whose primary function is
10:17:35 investigate scrap-related thefts throughout the city.
10:17:38 But with the hundreds of transactions that are taking
10:17:40 place every day in the city, and in the county, we
10:17:44 think we can do more.
10:17:46 So we looked into that.
10:17:47 What we found is that Hillsborough County has an
10:17:50 ordinance 10-5 that mandatorily requires the secondhand
10:17:54 metal recyclers to report every transaction daily to
10:17:59 law enforcement agency.
10:18:01 That's going to help us greatly.
10:18:02 So that's where we focused on.
10:18:04 We met with Hillsborough County and we found and we met
10:18:06 with our legal department and found that we can enforce
10:18:09 10-5 legally within the city.
10:18:12 And it's already there.
10:18:13 We have taken steps to do that.
10:18:15 We have already met with the company that created the
10:18:19 software, so that the companies can send the
10:18:22 information directly to the law enforcement agency.
10:18:25 So that's what we're going forward with.
10:18:27 What it's going to do is, everything that the state
10:18:30 statute requires that they get at the time of sale, our
10:18:33 investigators are going to get that the next day.
10:18:35 Instead of doing what we do now, which is Detective
10:18:40 Hinsz has to physically drive out to every one of the
10:18:42 scrapyards if he wants to investigate where this AC
10:18:45 came from.
10:18:46 Or where this catalytic converter came from.
10:18:48 He has to go there to get that information.
10:18:50 Now he will be able to do it from his desk.
10:18:53 So that's what we're looking to do.
10:18:56 It is to be at a cost of $250 per secondhand metal
10:19:01 recycling facility.
10:19:02 In the city we have 11.
10:19:03 In the county there's 11.
10:19:05 But what we're going to get, we are going to get access
10:19:07 to all of 22 of their data bases and what they're
10:19:11 moving every day.
10:19:12 Our belief is it's going to greatly enhance our
10:19:14 investigations and our attack on the crime related to
10:19:19 this scrap.
10:19:20 So, that's what we're going forward with.
10:19:22 And if anyone has any questions, I also have Detective
10:19:26 Hinsz here if you have any questions.
10:19:29 >> Councilwoman Capin, then Councilman Suarez.
10:19:33 >>YVONNE CAPIN: $250 per.
10:19:37 >> Per scrap facility.
10:19:38 In the city we have eleven, so that's a yearly cost.
10:19:43 >>YVONNE CAPIN: Thank you.
10:19:44 I just wanted to know.
10:19:45 Monthly, yearly?
10:19:47 >> Councilman Suarez?
10:19:49 >>MIKE SUAREZ: Captain, I'm not sure you're going to be
10:19:51 able to answer this question.
10:19:53 Because many of these homes are under foreclosure, has
10:19:56 there been any discussion with banks that own these
10:19:59 homes or the individuals that own these homes about
10:20:03 trying to help in terms of protecting against this type
10:20:06 of theft?
10:20:07 Any discussion about that?
10:20:08 Because I assume a lot of them, if they're in
10:20:10 foreclosure, no one's taking care of them.
10:20:13 Has code enforcement been involved in making sure that
10:20:18 these things aren't happening?
10:20:20 >> Well, we are in contact with them.
10:20:23 Especially if they have been in contact.
10:20:25 Now we need someone to represent that home in court to
10:20:27 get a conviction.
10:20:28 But yes, any time there's a vacant home that's becoming
10:20:31 a nuisance, code enforcement is brought in.
10:20:34 But it's the shear numbers of the homes that we are
10:20:36 having difficulty with.
10:20:38 >> Do you think a list of foreclosed properties would
10:20:40 be a great help to you, so you know exactly what some
10:20:43 of these are?
10:20:44 >> We currently do that.
10:20:46 >> Do you have it now?
10:20:47 >> With the homes, yes.
10:20:49 That will give patrol reasons to know what homes are
10:20:52 vacant in their zones.
10:20:54 >> Terrific.
10:20:54 Thank you.
10:20:56 >> Councilman Reddick?
10:20:57 >>FRANK REDDICK: Detective, do you want to speak to --
10:21:03 let me just share with you a prominent news anchor here
10:21:07 in this city, recently had his air conditioner stolen
10:21:16 from his property.
10:21:18 And that they, all they did is want to sell the copper
10:21:26 and some are taking the condensers and selling it to AC
10:21:32 And Detective Hinsz, if you could share how rampant
10:21:39 this problem is and what you're doing to deal with this
10:21:45 every day.
10:21:46 >> Thank you, Councilman Reddick.
10:21:50 Again, I have been doing this full time, nothing but
10:21:53 scrap metal thefts in the city probably the last 13
10:21:56 I was fortunate for the last nine years of the 20 years
10:21:59 I have been on the department, the area I worked was
10:22:02 sector X, which is primarily the scrap metal, all
10:22:08 scrapyards were in my zone.
10:22:09 I just got to know them over time.
10:22:12 But the thefts are dramatic.
10:22:16 You can talk to most Realtors in Tampa, they pretty
10:22:18 much assume if they're renting a piece of property,
10:22:21 that the air conditioner is gone already.
10:22:23 They're hard to track.
10:22:25 This program that we're going to go with the mandatory
10:22:30 reporting will give us a huge data base, to where we
10:22:33 can follow-up on it.
10:22:35 Track people that are selling, large numbers, you got
10:22:39 Bob selling 25 air-conditioning units in a month and
10:22:42 he's not in the AC business.
10:22:44 You know, somebody may want to go talk to, see where
10:22:48 he's coming from.
10:22:49 See if it's legitimate.
10:22:50 If it's not legitimate business, where are you getting
10:22:53 So it's a great tool for us.
10:22:55 We are on top of it.
10:22:56 We are making arrests every day.
10:22:58 Scrapyards here in the city and out into the county
10:23:01 have been working with us.
10:23:02 With this system that will bring us online, also
10:23:06 several other counties in the area.
10:23:07 So we'll actually be able to have 22 scrapyards in the
10:23:10 city and Hillsborough County alone, plus surrounding
10:23:14 So we are working on it.
10:23:15 We are going to get a handle on it.
10:23:19 >> And I think one, one of the scrapyard business
10:23:23 owners would like to come forward and identify
10:23:25 themselves and speak, share their experience, what they
10:23:30 deal with.
10:23:35 >> Good morning.
10:23:36 Jim Zacaro with Trademark Metals.
10:23:41 First of all, I'd like to thank the Tampa PD and their
10:23:45 efforts in working with the scrapyards.
10:23:47 They have been very diligent in pursuing leads,
10:23:49 following up, communicating with us.
10:23:51 Also like to emphasis that at scrapyards, there's all
10:23:56 kinds of misconceptions out there.
10:23:58 We're part of the solution.
10:23:59 We want to be part of the solution.
10:24:01 We work as closely as we can with the Tampa PD to
10:24:05 become part of the solution.
10:24:06 I openly invite anybody on the Council that's not
10:24:09 familiar with the scrapyard to please come by one of
10:24:11 our facilities.
10:24:12 Show you around.
10:24:13 Show you what we do.
10:24:14 How we work together.
10:24:15 And again, I want to thank them for their efforts.
10:24:21 >>FRANK REDDICK: And finally, Captain O'Connor,
10:24:24 anything you'd like to add?
10:24:26 >> I would just like -- he's right, what we have
10:24:29 learned from the 11 scrapyards, they are very
10:24:31 cooperative with us.
10:24:33 Dan has us on first-name basis with the people working
10:24:38 All the information they have to collect anyway, they
10:24:40 give to him willingly.
10:24:41 We don't have any problems with that.
10:24:43 Once we get the ordinance in place and start enacting
10:24:46 it, it's just going to be sent directly to one data
10:24:49 base, a secure law enforcement data base that he can
10:24:53 research from the office.
10:24:54 And the man-hours alone and the gas for him driving out
10:24:57 to every one is going to save us a lot of money.
10:25:00 So, but yes, they are have been very cooperative.
10:25:03 We don't have any issues with the scrapyards.
10:25:05 We take care of them right away.
10:25:06 And lastly, I'd just like to thank Councilman Reddick
10:25:11 and Councilman Cohen for bringing this to the
10:25:17 This is a growing problem this the community and I'm
10:25:19 glad you're interested in it.
10:25:21 >>MARY MULHERN: Councilwoman Montelione?
10:25:23 >>LISA MONTELIONE: Thank you.
10:25:24 And this is in the construction business, I mean, I've
10:25:28 been familiar with this going back several years now.
10:25:30 With the downturn in the market.
10:25:32 And it's not just the air-conditioning units.
10:25:36 I mean, even just this morning we got a phone call from
10:25:38 one of the builders we do work with.
10:25:41 And someone had gone into a house that he's building
10:25:44 and ripped the electrical right out of the walls.
10:25:49 You know, they go down to the box, they grab the box
10:25:52 and just pull the lines up.
10:25:53 Damages the drywall all the way up the wall.
10:25:57 So, it is a rampant problem.
10:26:00 It's getting worse.
10:26:01 I was wondering if the police department has
10:26:05 coordinated with any of the crime watch associations
10:26:07 that exist in the neighborhood.
10:26:09 I don't recall seeing a general alert going out to our
10:26:12 crime watch captains across all of the neighborhood
10:26:16 Because they might be the eyes and ears to, you know,
10:26:22 as they're walking or bicycling or keeping an eye on
10:26:27 the neighborhood, if they see anyone looking like
10:26:31 they're doing work on an air-conditioning unit and they
10:26:34 know that house has been vacant for quite sometime,
10:26:36 it's unlikely that there's someone servicing the unit.
10:26:40 >> You're exactly right.
10:26:41 And that particular statement you just made, I've said
10:26:44 personally at crime watch meetings, that vacant homes
10:26:47 do not need AC repairmen at the homes.
10:26:50 When you know it's been vacant for six months.
10:26:53 But we do address at the neighborhood watch meetings,
10:26:56 because this is one of our areas that we have an
10:26:58 increase in these types of crimes.
10:26:59 So that's always a topic of discussion at the
10:27:02 neighborhood watch associations.
10:27:03 And we point out the things that people need to be
10:27:08 diligent in on serving.
10:27:10 When you see these things that are suspicious, to
10:27:11 please call and let us come figure it out.
10:27:14 Because you're right, people, most of these homes, if
10:27:17 you're not paying any of the bills there, you're not
10:27:20 paying someone to fix anything there.
10:27:25 >>MARY MULHERN: I had one question, and then I'll ask
10:27:28 Councilman Reddick for his suggestions on what we can
10:27:34 do as a Council.
10:27:35 I was just curious about the data base -- do the
10:27:40 dealers share a data base or does just everyone keep
10:27:45 track and is going to pass the information?
10:27:47 >> Every secondhand metal dealer, they have to track
10:27:51 that information already.
10:27:52 So now it's at their facility.
10:27:54 All this does, we provide them the software to send the
10:27:57 data to our data base.
10:27:59 Law enforcement data base.
10:28:02 It's not accessible by them.
10:28:04 They can only send.
10:28:05 They can't browse.
10:28:07 >>MARY MULHERN: So it's your data base.
10:28:11 >> The sheriff's office.
10:28:12 >> The sheriff's office data base they're going to fill
10:28:15 >> Right.
10:28:15 >> And were you suggesting, I haven't heard from legal,
10:28:19 I don't know if Mrs. Ginster wanted to speak.
10:28:23 I know you submitted a memo to us.
10:28:26 But is the idea that we are only -- we're just going to
10:28:30 enforce the county's ordinance, or do we need to adopt
10:28:35 >> We're just going to enforce their ordinance, we can
10:28:38 legally enforce within the city.
10:28:40 That's what we went forward with there, when we found
10:28:44 out we can just use theirs.
10:28:47 >>MARY MULHERN: That's great. I like that.
10:28:48 Did Councilman Reddick, did you want to hear from legal
10:28:52 on this?
10:28:54 >>FRANK REDDICK: I think legal can concur.
10:28:57 If you'd like to speak to the point.
10:29:00 >> Good morning, Council, Cathy Ginster on behalf of
10:29:03 the legal department.
10:29:04 And yes, legal department concurs with the police
10:29:07 department's recommendation.
10:29:08 So thank you.
10:29:11 >> Great.
10:29:12 >>FRANK REDDICK: Finally, Madam Chair, want to also
10:29:15 thank TPD for the costs that you heard them mention,
10:29:20 that they are going to use their funding from the trust
10:29:23 fund to pay for this, $2,700 each year.
10:29:25 So I just want to thank you, Captain and Detective, for
10:29:30 your work.
10:29:31 And thank legal for cooperating with TPD to make this
10:29:36 >> You're welcome.
10:29:37 You're right, it's going to come out of the law
10:29:39 enforcement trust fund.
10:29:41 >>MARY MULHERN: Thank you.
10:29:42 Any other comments on this? Thank you, Councilman
10:29:57 Reddick and Cohen and all of you for bringing this up.
10:30:01 I do think that the trust fund contribution is great,
10:30:07 helpful to the dealers, and not costing the industry or
10:30:11 the property owners to try to solve this problem.
10:30:16 So thank you.
10:30:18 We'll move on to item 57.
10:30:24 And city attorney Jim Shimberg is here to advise us on
10:30:31 this item, which Councilman Reddick also had initiated.
10:30:35 >> Good morning, Councilmembers, Jim Shimberg, here on
10:30:41 item 57, which is your motion to give a status report
10:30:45 and cost information on the Marion Lewis case.
10:30:48 Before I start, I need to note that your City Council
10:30:51 rules of procedure provide that Council should avoid
10:30:55 discussion of matters at a public meeting where the
10:30:57 city is, or likely to be a party in litigation without
10:31:00 the concurrence of counsel.
10:31:01 And additionally, it's the general policy of the city
10:31:05 not to publicly comment on pending litigation,
10:31:07 therefore, we're somewhat constrained in what we can
10:31:10 report to City Council today on the status of this
10:31:13 ongoing litigation.
10:31:13 However, subject to these constraints, I will attempt
10:31:18 to quickly respond to your request by simply referring
10:31:21 to information contained in several published opinions
10:31:23 on this case.
10:31:24 For any of you not familiar, this case goes back to
10:31:29 late 2006 when then police captain Marion Lewis decided
10:31:35 to run for mayor.
10:31:36 The case has to do with whether or not he was required
10:31:38 to resign in order to run and also whether he did in
10:31:42 fact resign to run by signing the oath of candidate.
10:31:50 In September of 2008, the Second District Court of
10:31:53 Appeal issued an opinion that stated that the resign to
10:31:56 run law dictated that Mr. Lewis resign his position as
10:32:00 a TPD captain in order to run for office against Mayor
10:32:05 And they basically overruled the trial court, who had
10:32:09 initially ruled for Captain Lewis in this case.
10:32:12 That was a published opinion in 2008.
10:32:14 We then had a decision in February of 2010 by the trial
10:32:20 court entering a final summary judgment for the city,
10:32:26 finding that Mr. Lewis was required to resign his
10:32:30 police position in order to qualify as a candidate.
10:32:32 Number two, he did qualify to run for office of mayor,
10:32:36 to stand for election, and number three, his actions
10:32:39 constituted a resignation from his position as a Tampa
10:32:42 police captain by operation of law.
10:32:45 Mr. Lewis appealed that decision and then in, just in
10:32:48 June of this year, the Second District Court of Appeal
10:32:52 issued an opinion that while they recognized that
10:32:57 Mr. Lewis was required to run from -- was required to
10:33:00 resign from the Tampa Police Department in order to run
10:33:02 for mayor, they concluded that the trial court had
10:33:05 erred in entering final judgment for the city,
10:33:09 determining that he had automatically resigned from his
10:33:12 employment by filing an oath of candidate form.
10:33:15 The city has recently filed a notice to invoke the
10:33:20 jurisdiction of the Florida Supreme Court, along with
10:33:23 the jurisdictional brief asking the Florida Supreme
10:33:26 Court to exercise its discretionary jurisdiction to
10:33:30 review this matter.
10:33:31 The Supreme Court has not yet decided on whether or not
10:33:35 it will consider this case.
10:33:36 With respect to the costs that have been incurred by
10:33:41 the city, in March of 2010, the city filed a motion to
10:33:45 tax costs, identifying costs of $1,704 as of that date.
10:33:51 We also incurred a $300 filing fee to seek review from
10:33:55 the Florida Supreme Court.
10:33:56 The city attorney's office through its salaried
10:33:59 attorneys, primarily chief assistant for litigation,
10:34:03 Jerry Gewirtz, has been primarily responsible for
10:34:06 representing the city on this case.
10:34:08 And although we have utilized the services of outside
10:34:12 counsel, Tom Gonzales, I just confirmed this morning
10:34:16 that he has spent approximately 16 hours or less than
10:34:20 $3,000 over the last four years in outside counsel fees
10:34:24 for this case.
10:34:25 Finally, in closing, if City Council wishes to discuss
10:34:30 this matter in any more detail, we need to schedule a
10:34:35 shade meeting or meeting outside the sunshine, pursuant
10:34:38 to the exception contained in Florida Statute 286.011,
10:34:40 where we can talk about this in a meeting that is
10:34:48 recorded, but not made public until after the case is
10:34:53 That's all I have for now.
10:34:57 >>MARY MULHERN: Excuse me, counsel, but I just want to
10:34:59 comment before discussion, that we have -- it has been
10:35:06 the normal practice for this Council, since I've been
10:35:10 on it, to, if there was a case that Council wished to
10:35:15 discuss, that we did have a shade meeting.
10:35:19 And that was within our, you know, prerogative to do
10:35:24 So, it has been the norm and I just want to reiterate
10:35:30 what Mr. Shimberg has said, that since we are in
10:35:36 currently still in litigation on this item, for us to
10:35:40 discuss it in public, including with anyone from the
10:35:45 public and especially with the press, we really
10:35:49 shouldn't be doing that.
10:35:50 I do think that the question that Councilman Reddick
10:35:57 presented, which was just about the cost associated, is
10:36:00 a reasonable one.
10:36:01 So I think if we maybe confine our questions today to
10:36:07 anything around that, because it doesn't have anything
10:36:10 to do with the merits of the case.
10:36:13 Would that be reasonable?
10:36:17 >> Well, if anybody has questions --
10:36:19 >> Madam Chair, I can ask a general question that
10:36:22 doesn't directly go to the case.
10:36:24 For city employees, basing your opinion on this
10:36:31 particular case, but in general.
10:36:33 Do they, do all city employees have to resign in order
10:36:36 to run for political office?
10:36:40 Has that ever been any kind of rule by the city,
10:36:43 allowing that?
10:36:44 And secondly, is there a different standard, if you are
10:36:48 a police officer, or a firefighter, versus being a
10:36:52 regular employee?
10:36:53 Or is there anything on that at all?
10:37:00 >> City attorney, David Smith issued a legal opinion on
10:37:04 this back I believe in late 2006, which I can get you a
10:37:08 copy of.
10:37:09 I don't have it with me right now.
10:37:11 I believe there is a distinction between different
10:37:13 levels of employment.
10:37:14 It basically relates to who your boss is.
10:37:17 There are some differences, depending on the level of
10:37:21 the employee of the city.
10:37:25 >>MIKE SUAREZ: That goes to my question, which is, if
10:37:27 you're in a command position, an align position as it
10:37:31 is in the military, where you're getting direct orders
10:37:35 from both the Chief and from the Mayor, if that has
10:37:40 some kind of issue with it.
10:37:41 So, you've essentially answered it.
10:37:44 I'd like to see that memo at some point.
10:37:47 >>MARY MULHERN: Excuse me, Council, I kind of feel like
10:37:49 that's getting to the merits of the questions involved
10:37:51 in this case.
10:37:52 And I don't think we should be discussing it in public.
10:37:55 Councilman Reddick?
10:37:58 >>FRANK REDDICK: Thank you, Madam Chair.
10:38:01 Well, then I think we need to have a meeting, what did
10:38:09 you say, a shade meeting?
10:38:11 So if that's what we need, because of -- you know, you
10:38:18 don't have to answer.
10:38:19 It's just me speaking.
10:38:21 Because I want to know whether the administration, the
10:38:26 mayor support the decision to move forward to state
10:38:31 Supreme Court.
10:38:32 I'd also like to know in discussion, why, if the city
10:38:38 is not trying to settle this instead of going to the
10:38:41 state Supreme Court.
10:38:42 And it's been going on for four and a half years now.
10:38:46 So -- they need to reach a conclusion somewhere.
10:38:55 And so, you don't have to answer none of these things,
10:39:00 but it's just -- I would like to make a motion that
10:39:04 this Council call a shade meeting, or legal, I don't
10:39:12 know what that terminology means, shade.
10:39:15 But, if that's the right...
10:39:18 >>MARY MULHERN: It is outside of the sunshine.
10:39:22 Mr. Shelby?
10:39:24 >>MARTIN SHELBY: It's colloquially referred to as a
10:39:26 shade meeting as opposed to something in the sunshine.
10:39:29 It is a closed session meeting, which is strictly
10:39:33 governed as an exception to the open meetings law by
10:39:35 Florida Statute.
10:39:36 So your motion would be in order I guess to put on the
10:39:39 agenda for the next meeting, legal department to come
10:39:41 back with the appropriate process.
10:39:43 Because it has to be a certain announcement and a
10:39:46 certain form made at a public meeting, properly noticed
10:39:50 pursuant to Florida Statutes.
10:39:51 So the appropriate motion, if that's Council's desire,
10:39:54 would be to direct legal to prepare a shade meeting,
10:39:58 excuse me, closed session is preferrable term, and
10:40:01 bring that back at the, to set it at the next -- to set
10:40:07 it when they come back at the next regular meeting.
10:40:11 Would that be acceptable?
10:40:12 >>FRANK REDDICK: That's the motion I was about to make.
10:40:14 Just make sure I understand the terminology.
10:40:18 That's my motion, Madam Chair.
10:40:24 >> I'll second that.
10:40:25 >>MARY MULHERN: All in favor?
10:40:27 So you'll come back at our next meeting?
10:40:33 >> I actually won't be here in two weeks, but someone
10:40:36 from our office will come back and give you the
10:40:38 procedures on that.
10:40:39 >>MARY MULHERN: Thank you.
10:40:40 Item number 58.
10:40:44 We'll hear from Mr. Baird.
10:40:50 >> Good morning.
10:40:50 Madam Chair, members of City Council.
10:40:53 Here to answer questions on item 58, which is the
10:40:57 purchase of quick lime chemical used in water treatment
10:41:01 to adjust the PH of our water.
10:41:06 >>MARY MULHERN: Thank you.
10:41:09 >>LISA MONTELIONE: Thank you, Madam Chair.
10:41:11 We have had a conversation about this.
10:41:12 I'm okay with the purchase and approval of the
10:41:16 contract, but I'm going to make the same comments on
10:41:19 this item as I have on previous items.
10:41:22 And that is, this company, although I love Pittsburgh,
10:41:26 This company is from Pittsburgh, and always looking to
10:41:30 see what we can do about local sourcing.
10:41:33 I don't think Pittsburgh has the corner of the market
10:41:35 on lime.
10:41:36 So, reaching out to our local contract -- our local
10:41:41 suppliers and local businesses to find out why they're
10:41:43 not bidding on these contracts.
10:41:45 Would be my interest.
10:41:46 And again, we have only received three bids.
10:41:49 And that I didn't see -- we didn't have discussions
10:41:53 prior, but I know there are discussions coming around
10:41:56 now for cooperation with other municipalities and other
10:42:01 entities, like Tampa Bay Water, who itself use these
10:42:04 kinds of materials.
10:42:05 So, I think the purchasing department and I are getting
10:42:09 to be on a speed dial basis on these contracts.
10:42:14 And those are the things that I'm looking out for.
10:42:16 So thank you for answering all my questions beforehand.
10:42:21 And I would make the motion to approve item number 58.
10:42:25 >> Second.
10:42:27 >>MARY MULHERN: Motion made by Councilwoman Montelione,
10:42:29 second by Councilman Suarez.
10:42:31 All in favor, aye.
10:42:33 And item number 59, I think we were going to hear from
10:42:40 someone on staff from Mr. Lee.
10:42:47 Right on time.
10:42:49 >> Good morning, Madam Chair.
10:42:51 Irvin Lee, public works director, here to answer any
10:42:54 questions on 59.
10:42:55 >> Councilwoman Montelione?
10:42:59 >>LISA MONTELIONE: Thank you once again.
10:43:00 This is an item where I had particular interest in that
10:43:05 the bidder, I noticed, was a million 452,692.50 was the
10:43:12 low bid that we received for this contract.
10:43:14 This is a contract that would be, an as-needed contract
10:43:21 in familiar terms when something happens to our
10:43:24 signalization or there's a need for replacement on an
10:43:27 emergency basis, this would kick in and my question was
10:43:30 that in the agenda item as it was written, there was
10:43:34 $2 million being requested.
10:43:36 And Mr. Lee, as well as Mr. Spearman and I had
10:43:39 conversations about what the difference was between the
10:43:41 million 452,692.50 under the contract and the 2 million
10:43:46 being requested.
10:43:47 So, Mr. Lee, if you could explain what that difference
10:43:50 is to Council.
10:43:51 Thank you.
10:43:52 >> The $1.4 million number was -- that was the bid
10:43:57 So that's the line items in the contract that the
10:44:00 vendors actually gave us their unit costs on.
10:44:03 That was what we used to determine who the low bidder
10:44:07 would be.
10:44:07 That amount -- you also notice in the backup data, even
10:44:15 though we estimated $2 million as the amount we used in
10:44:19 this contract, the dollar value reviews for previous
10:44:23 years, fluctuates.
10:44:24 Last year we used approximately 3.5 million.
10:44:27 So that's an estimate of what we believe our
10:44:31 requirement would be.
10:44:32 And the amount that appeared in the bid was the
10:44:36 contractor's unit cost, based on the items that we felt
10:44:40 that we would use.
10:44:45 As you've seen in many other items that come before you
10:44:48 on a contracting basis.
10:44:49 The bid climate, which was exceptionally beneficial to
10:44:52 us on this particular item.
10:44:53 There was a difference.
10:45:01 >>LISA MONTELIONE: I am okay with that, once that was
10:45:04 I wanted anyone in our viewing audience that noticed
10:45:07 that difference between the bid amount and the
10:45:11 requested 2 million, is a little bit less than half a
10:45:16 million dollars difference between the two.
10:45:18 And I wanted that on the record.
10:45:22 >>MARY MULHERN: Thank you for pointing that out,
10:45:23 Councilwoman Montelione.
10:45:26 And I still don't understand why we are not approving
10:45:29 the bid amount, or something closer to it.
10:45:33 Why we are approving this.
10:45:34 Is there other work expected?
10:45:41 Is this because this is not the complete scope of the
10:45:45 work that we're expecting from this contractor?
10:45:49 >> For example, if I could show you a picture, we
10:45:54 allude to the fact that -- whoops.
10:45:56 Here's an example of the kinds of things that are
10:46:03 emerging requirements that pop up, that again, we call,
10:46:09 we rely on a contractor who has the capabilities, has
10:46:12 the heavy equipment.
10:46:15 They're familiar with our systems.
10:46:17 All of the contractors that bid on this are familiar
10:46:22 with the area.
10:46:24 So we had equipment.
10:46:26 We have capabilities for situations like this.
10:46:30 And I believe this was on Armenia and Cypress, an
10:46:35 accident had occurred some months ago.
10:46:38 And again, we were able to respond, get the
10:46:41 intersection open back up quickly because we had a
10:46:44 contractor available who had given us, you know,
10:46:50 prepriced amounts.
10:46:52 >>MARY MULHERN: That wasn't my question.
10:46:53 I understand that.
10:46:58 >> So we anticipate in any given year, for example, we
10:47:01 can respond -- and we do augment the capabilities of
10:47:06 our staff, our normal installation program, where our
10:47:13 transportation division will warrant a signal or
10:47:17 replace --
10:47:19 >>MARY MULHERN: I understand this.
10:47:20 This is a bid for future work, right?
10:47:23 >> Yes.
10:47:23 >>MARY MULHERN: But why are they bidding 1.4 million,
10:47:27 if it's likely to be in the area of 2 million?
10:47:32 What does that bid mean?
10:47:34 Someone might have bid, you know, 1.9 million and not
10:47:42 gotten the job.
10:47:44 >> But the individual line items they bid on --
10:47:47 >>MARY MULHERN: So they're going to have to stick to
10:47:49 those individual line items in any job that comes?
10:47:52 >> Exactly.
10:47:52 The cost that they charge us for that individual line
10:47:57 And based on the estimates, the estimated items that we
10:48:02 might use in a particular year, that was the number --
10:48:07 >>MARY MULHERN: Okay, so the individual line items were
10:48:10 better than the other people.
10:48:12 >> Yes.
10:48:13 >>MARY MULHERN: Thank you.
10:48:14 Appreciate it.
10:48:15 I think we'll go now to the other two items that --
10:48:22 >> Motion to approve item number 59.
10:48:24 >> Second.
10:48:25 >> Motion made by Councilwoman Montelione, seconded by
10:48:28 Councilman Suarez.
10:48:29 All in favor, aye.
10:48:31 And let's move to item number 14.
10:48:59 >> 14 is the water department.
10:49:00 And 35, the water department too?
10:49:03 >> 35 is growth management.
10:49:10 >> Why don't we hear from the water department on item
10:49:15 >> Good morning again, Brad Baird, director of the
10:49:17 water department.
10:49:18 Item 14 is the purchase of 14 Ford Ranger trucks.
10:49:27 Three for the wastewater department, 11 for the water
10:49:30 These -- the three for the wastewater department are
10:49:36 for sewer service inspectors.
10:49:38 The 11 for the water department, one is for the
10:49:42 treatment plant, associated with the pickup of parts
10:49:48 and inspection of work by contractors on our pumping
10:49:52 stations sites.
10:49:53 And the other ten are for meter readers, for the meter
10:49:59 readers use to get to the job site and carry their
10:50:04 equipment with them and replacement parts.
10:50:06 These 14 vehicles are eight to 10 years old, have high
10:50:15 miles and they fit the criteria, where we are expending
10:50:23 a lot of money to repair them.
10:50:25 Anywhere from 2,000 to $5,000.
10:50:28 So basically they're worn out.
10:50:31 They're up for replacement.
10:50:32 And that's what we're asking to do.
10:50:38 >>MARY MULHERN: Councilwoman Montelione, and then
10:50:40 Councilman Suarez.
10:50:42 >>LISA MONTELIONE: Thank you.
10:50:43 I pulled both of these items, 14 and 35, because they
10:50:46 are the purchase of vehicles.
10:50:49 And again, our purchasing staff, Mr. Spearman has been
10:50:55 very cooperative in answering the questions that I
10:50:57 And, as well as Santiago Corrada and I had a
10:51:03 conversation yesterday.
10:51:04 And what I would be asking for today is the continuance
10:51:09 of those two items.
10:51:11 Only for a couple of reasons.
10:51:15 One is that we had discussed entering into agreements
10:51:21 with Hillsborough County or with other municipalities,
10:51:25 City of Temple Terrace, City of Plant City.
10:51:28 Or even other agencies with the purchase agreements for
10:51:34 savings of scale.
10:51:35 We have -- I looked at these two items.
10:51:40 We are buying -- all these products are Ford products.
10:51:43 We have two separate items, 14 vehicles on one item, 11
10:51:47 vehicles on another item.
10:51:49 We bid them out separately.
10:51:50 And although they are different types of vehicles,
10:51:56 they're all coming from Ford dealerships.
10:51:58 So I felt there was an opportunity there to combine
10:52:00 this to one Ford dealership, even though they are
10:52:03 different Ford products, but buying them all from one
10:52:06 Ford dealership.
10:52:07 And the other is, if we partner with other
10:52:09 municipalities or other agencies, perhaps we can have
10:52:16 an economy of scale and align our purchase of these 25
10:52:18 vehicles with the purchase of vehicles for some other
10:52:23 So that was one thing that we discussed, Mr. Spearman
10:52:28 and I.
10:52:29 The other is that, these vehicles, while they are
10:52:38 important to the individuals in the performance of
10:52:42 their jobs, by delaying the purchase, I understand that
10:52:47 we're not going to have anybody sitting at the office,
10:52:50 you know, not doing their job because they don't have a
10:52:53 They have operating vehicles at the moment.
10:52:56 And you know, if need be, if something should happen,
10:52:58 I'm sure that there's an available fleet vehicle, you
10:53:02 know, to get that person to the place they need to be.
10:53:06 So, I don't think that we'll be missing an opportunity
10:53:09 by delaying this and exploring other purchasing options
10:53:13 for those vehicles.
10:53:14 So, you know, we would have to do some funding
10:53:18 alignment between the operating fund and the general
10:53:21 fund and when those funds are released, so that the
10:53:24 purchase could be made together.
10:53:26 There's some internal things that we need to work out,
10:53:30 but I think that it would be in the best interest of us
10:53:34 and our citizens and our taxpayers to just wait on
10:53:37 these items of bid before going forward.
10:53:40 Now, I understand the Ranger, something is being phased
10:53:43 out, but we have until September.
10:53:46 The date was sent to me.
10:53:49 >> September 23rd.
10:53:51 >>LISA MONTELIONE: September 23rd to purchase those
10:53:53 vehicles before the factory ceases delivering those to
10:53:58 local dealerships.
10:54:01 >>MARY MULHERN: So, Councilman, you would like to have
10:54:03 a continuance of 14 and 35.
10:54:06 And the question is whether -- you're saying it's
10:54:09 probably not time sensitive.
10:54:10 Is that what you're?
10:54:12 >> Good morning, Gregory Spearman, director of
10:54:16 I wanted to provide Council with additional
10:54:20 information, since Councilwoman Montelione and I did
10:54:23 speak yesterday.
10:54:24 I spoke with Hillsborough County, I spoke with Pinellas
10:54:26 County and also spoke with the City of St. Pete in
10:54:28 terms of their interest in doing partnerships of
10:54:33 cooperative purchasing for these vehicles.
10:54:34 What I found out, that all three entities purchase
10:54:37 their vehicles either off the state of Florida
10:54:39 contract, or off the Florida Sheriff's Association
10:54:44 So that's what in particular the county has been doing
10:54:47 for quite sometime.
10:54:48 So they seem to be very happy with that particular
10:54:52 arrangement in terms of how they purchase vehicles.
10:54:55 They do not do any bidding on their own because they
10:54:58 like the Florida Association of Sheriff's contract to
10:55:03 purchase vehicles.
10:55:05 The other point that you heard Councilwoman Montelione
10:55:07 make was that we do have a factory cutoff of
10:55:11 September 23rd on the Rangers.
10:55:13 This is the last year that Ford is going to actually
10:55:15 make that particular vehicle, which means that if we're
10:55:19 not fortunate enough to go ahead with the approval
10:55:22 today, that we may be purchasing a more expensive F-150
10:55:27 Because that -- they're going to basically phase the
10:55:30 Ranger out.
10:55:31 And the last point I want to make is address
10:55:34 Councilwoman Montelione's concern about why we didn't
10:55:37 bid the Rangers and the Escapes together.
10:55:42 We had tried doing that before in the past.
10:55:45 But the vendors particularly don't like us to combine,
10:55:48 even though they are Ford vehicles, to combine the
10:55:51 different types of vehicles.
10:55:52 And the reason being is because if a vendor is low on
10:55:56 the aggregate, they won't be necessarily on the line
10:55:59 item basis.
10:56:00 So, when we have a vendor that's low on one vehicle,
10:56:04 high on another, and we split the award, they tend not
10:56:07 to bid.
10:56:09 So in order to keep the competition going, we separate
10:56:12 these out individually so that we can get maximum
10:56:17 competition on each of these vehicles versus pulling
10:56:20 them together and not having the vendors bid.
10:56:23 Because they'd like to get the entire order.
10:56:24 A lot of times that isn't possible, because they're not
10:56:27 low on everything.
10:56:28 May be low on one item.
10:56:29 So when they spit it out, they don't bid, so we end up
10:56:32 not getting the competition we like.
10:56:35 >> Thank you.
10:56:36 Councilman Suarez?
10:56:37 >>MIKE SUAREZ: Thank you, Mr. Spearman.
10:56:39 Couple questions, one maybe to you, one maybe to
10:56:42 Mr. Baird.
10:56:42 So what you're saying, we are not going to be able to
10:56:45 have time to put together anything prior to the
10:56:49 September date for the Ford Rangers?
10:56:51 >> That is correct.
10:56:53 >>MIKE SUAREZ: Do you know what the price differential
10:56:55 is between the Ford Ranger and the F-150 if we wait
10:56:59 past that September date?
10:57:00 >> I don't have that information available, but I can
10:57:02 get that.
10:57:03 >>MIKE SUAREZ: Secondly, do you know what the cost
10:57:05 would be if we do not make the purchases by September
10:57:08 on repairs, you know, prorated or extrapolated based on
10:57:14 what we know?
10:57:15 I believe Mr. Baird mentioned about 2 to $5,000 per
10:57:18 vehicle cost.
10:57:21 So we're talking about 14 vehicles, correct?
10:57:24 On your purchase, correct, Mr. Baird?
10:57:26 >> Yes.
10:57:27 11 are water department, three are wastewater
10:57:32 >>MIKE SUAREZ: You know, it may be that, and I have no
10:57:35 problem with what Councilwoman Montelione's spirit is
10:57:40 in terms of trying to pull this and finding out how we
10:57:43 can have some costs savings.
10:57:45 I'm just wondering if we're going to be a little bit
10:57:49 shortsighted if we don't purchase now, because the cost
10:57:52 is going to be much more if we go to F-150s.
10:57:56 I would suggest and I would, you know, that we move
10:57:59 forward on this particular purchase.
10:58:01 And I do believe that if we can look at how we can get
10:58:05 some better cost savings when we go out for bid.
10:58:10 If we do not purchase those 14, she had made a comment
10:58:13 that, you know, we still have vehicles available for
10:58:15 these folks.
10:58:16 Is that what it is?
10:58:18 >> We do currently have vehicles available for those
10:58:21 folks, that is true.
10:58:24 >>MIKE SUAREZ: I think that the real issue is, what is
10:58:26 going to be the cost differential between what the
10:58:29 F-150 is and what the Rangers are going to be, because
10:58:32 I don't know if we have got the time frame to actually
10:58:35 do what you've asked to do.
10:58:37 That's the only question I would have.
10:58:40 >>LISA MONTELIONE: Couple things.
10:58:41 The charter points out that it's administration staff
10:58:45 and the mayor that negotiate these contracts.
10:58:48 And would execute it.
10:58:49 So, anything that I ask for is going to be at the
10:58:51 pleasure of the administration.
10:58:53 But, on just looking at the water department,
10:58:58 wastewater department, we only had three bids.
10:59:01 There's a lot of auto dealerships around.
10:59:04 So I'm not sure why we're not getting a lot of
10:59:09 Auto manufacturers are suffering in an industry that
10:59:13 you would expect we'd have a lot of dealerships
10:59:16 And we're not.
10:59:16 We only have three.
10:59:18 The other thing is that we're assuming that if we don't
10:59:22 get the Rangers, that we're going to go up to a F-150.
10:59:26 The purpose of, the people who are using these vehicles
10:59:34 are meter readers, in this case, and in growth
10:59:38 management, it's building inspectors.
10:59:40 They don't carry a lot of equipment.
10:59:41 I mean, they carry some pieces of equipment.
10:59:46 They -- but the idea that we'd have to go from a Ranger
10:59:50 to an F-150.
10:59:51 There are other models in between that I think would
10:59:55 probably suffice.
10:59:57 >> Councilwoman, the only question --
10:59:59 >> MARY MULHERN: Excuse me.
11:00:01 Council, let me just -- I think that we could go on on
11:00:10 this for a long time.
11:00:12 In the interest of moving it forward, I think this is a
11:00:17 bigger discussion about fleet management, and you do
11:00:20 make the good point that we don't have a lot of say in
11:00:23 But, I think we're just going to have to make a
11:00:28 decision, so -- about whether to continue these.
11:00:32 I'm sorry to interrupt, Councilman Suarez, but if you
11:00:37 could just give us some direction.
11:00:40 >>MIKE SUAREZ: I'd like to move the item 14 for
11:00:42 consideration now as opposed to waiting.
11:00:47 I think, as you said, there's larger discussion to be
11:00:50 had here.
11:00:53 But I'm not sure that, and again, I don't think it's a
11:00:55 matter of what particular vehicle we get.
11:00:59 There is going to be a cost differential somewhere.
11:01:01 So, I would like to move that item.
11:01:03 >> Second.
11:01:05 >>MARY MULHERN: Councilwoman Capin?
11:01:12 >>YVONNE CAPIN: I was going to second it.
11:01:14 And I was going to ask, on this -- I agree that this is
11:01:22 a larger discussion than we have time for at this
11:01:28 And I would agree to move it forward.
11:01:34 >>MARY MULHERN: So motion made by Councilman Suarez,
11:01:37 seconded by Councilman Reddick.
11:01:39 All in favor.
11:01:46 >>THE CLERK: Motion carried with Montelione voting no.
11:01:55 >>MARY MULHERN: Item number 35, Councilwoman
11:02:05 >>LISA MONTELIONE: I thought we were discussing 14 and
11:02:07 35 together.
11:02:11 >>MARY MULHERN: Well, we already moved 14.
11:02:13 >> Then I move 35.
11:02:15 >> Okay.
11:02:16 >> Second.
11:02:18 >>MARY MULHERN: I just want to make a few comments
11:02:21 about this in general, before we vote on this.
11:02:26 And it relates to 14 too.
11:02:31 Not only -- I think it's an excellent idea that we look
11:02:37 at combining our efforts and it sounds like we had
11:02:40 support from someone, Mr. Spearman was saying that the
11:02:43 sheriff's department use the state program, and we
11:02:49 should maybe look into that.
11:02:50 I also would like to point out that a couple years ago,
11:02:59 there was a -- the city, the taxpayers paid for a fleet
11:03:04 management study for the city, which considered all of
11:03:07 our fleet except for I think police and fire.
11:03:11 And one of the things that Mr. Baird had mentioned,
11:03:18 which convinced me to vote for his item 14 for the
11:03:24 water department vehicles, one of the findings of this
11:03:28 fleet management study, which was great, and it was
11:03:31 about our long-term savings and management of our
11:03:35 And one of them was, you have to sell your vehicles at
11:03:37 the right time.
11:03:38 So, you do not want to hold on to old rusting vehicles
11:03:42 because they're not worth anything.
11:03:44 So there's a really specific formula about when to do
11:03:49 And I think -- I'm hoping, and I just think the motion
11:03:53 may be, someone will make when we are done with this,
11:03:57 to have the longer discussion about this.
11:04:00 But are we implementing those findings of that fleet
11:04:03 management study?
11:04:05 Because I'm not sure we are.
11:04:06 I know we have spent, I think it was at least $100,000
11:04:10 on this study.
11:04:11 And it had a lot of great proposals for how we can save
11:04:16 I don't know if we're doing any of it.
11:04:18 I think it was two or three years ago.
11:04:25 >> Can we get a copy?
11:04:28 >> In 2009.
11:04:30 >>MARY MULHERN: So, I don't know where we are with
11:04:32 I remember asking Mr. Daignault for a commitment that
11:04:36 we were going to do all these things and not getting
11:04:40 So, I don't know what the decision was.
11:04:42 But -- let me just say one more thing and then I'm
11:04:47 going to be quiet.
11:04:48 Becomes more complicated when you start to talk about
11:04:51 working with other agencies and purchasing.
11:04:54 So, we could adopt this, those recommendations for
11:04:59 fleet management ourselves without doing this other
11:05:01 I'm sure we could probably combine it.
11:05:03 But I think it's worth a longer discussion.
11:05:13 >> Just to support what you were talking about, it was
11:05:17 the Mercury study done in 2009, and it did recommend a
11:05:21 fleet downsizing.
11:05:23 In my situation, I'm sure, and Mr. Baird's, a lot of
11:05:25 vehicles that we were using, F-150s, and we have
11:05:29 downsized to Ford Escape.
11:05:31 That's quite a bit, six-cylinder or four-cylinder.
11:05:34 And the Escape still allows us to do our mission.
11:05:39 We do carry a lot of tools and have large ladders,
11:05:42 wheels, computers set up on the inside.
11:05:44 They have a printer on the inside so they can print out
11:05:46 your permits right there in the field.
11:05:48 So, there's a lot of equipment that does go into the
11:05:50 vehicle, as well as large stuff that gets thrown into
11:05:53 the back, ladders, wheels, toolboxes, etcetera.
11:05:56 The other item is that in the enhancement fund, which
11:06:01 is the program that is, or the funding source for the
11:06:04 growth management vehicles, in that resolution that
11:06:08 Council passed in 2008, excuse me, it was recommended
11:06:11 in there that the vehicles are traded out every three
11:06:15 For very similar reason that you mentioned.
11:06:17 And some of my vehicles are built in 2004.
11:06:21 2003, '04 and '05.
11:06:23 We have tried to stretch that as far as we can.
11:06:25 But at the same time, honoring the spirit of what that
11:06:28 resolution was and what the service levels that we had
11:06:31 agreed to with the industry, to make sure that our
11:06:35 vehicles were always operational, they could handle the
11:06:38 kinds of places we have to go.
11:06:39 Only other point I would like to make, we have selected
11:06:42 the SUV, the smaller version of the SUV, because the
11:06:46 inspectors are -- not first responders, but they're
11:06:50 some of the first people that are back into the
11:06:51 community during a major event.
11:06:53 And it's not only just the hurricanes, just like the
11:06:55 tornadoes that happened in South Tampa a little while
11:06:57 ago, they have to go there and they're driving around
11:07:01 and over tree limbs and through flooded streets, so you
11:07:04 don't want a vehicle that has no ability to handle
11:07:06 And we do do off-road work as well.
11:07:09 It's not just on city streets.
11:07:11 It does go to a lot of different places.
11:07:14 Even the CAMLS site just over here near the side of the
11:07:16 garage, they had to drive onto that site, and that site
11:07:18 is all dug up and it's sand and it's dirt.
11:07:21 They're not just walking in the street.
11:07:23 They drive onto the sites.
11:07:24 In the future, you have sites, Georgetown's coming
11:07:27 online, Ashton Woods.
11:07:28 You're familiar with what's going on down there.
11:07:30 So, not just the New Tampa one.
11:07:33 Some of these other places are just as much off-road.
11:07:36 It's not like a bog, but you do have to have a vehicle
11:07:39 that has a little higher clearance.
11:07:41 I'll answer other questions.
11:07:44 >>MARY MULHERN: Any other questions?
11:07:48 >> I am familiar with the study, Lee and I talked about
11:07:52 it in-depth.
11:07:54 I understand that the, we do have to have a larger
11:07:57 discussion, because there are some impediments to our
11:08:02 partnering on that Sheriff's Association contract.
11:08:05 And I think that the Mayor's office, I understand, from
11:08:09 my conversation with Ms. Grime is moving forward with
11:08:14 discussions with other municipalities.
11:08:17 My intention was to get the best deal for these
11:08:21 And I thought maybe by waiting a little bit we could
11:08:23 get a better deal until the Mayor had explored those
11:08:28 agreements with other municipalities.
11:08:31 >>MARY MULHERN: Okay.
11:08:31 Thank you.
11:08:32 There's a motion on the floor made by Councilman
11:08:35 Seconded by Councilwoman Capin.
11:08:37 All in favor.
11:08:39 Anyone opposed?
11:08:41 >> Nay.
11:08:43 >> Motion carried with Montelione voting no.
11:08:49 >> Thank you.
11:08:58 >>MARY MULHERN: Okay, we're going to move on to --
11:09:02 where are we?
11:09:04 >> 60.
11:09:09 >>MARY MULHERN: Item 60.
11:09:10 I believe that's our last item.
11:09:13 I need a motion to open.
11:09:17 >> So moved.
11:09:18 >> 61 -- I'm sorry, 60 and 61.
11:09:24 >> Is this 61 continued?
11:09:27 >> 61 was pulled.
11:09:29 >>MARY MULHERN: No, we are going to have to take it up.
11:09:37 >> Sorry.
11:09:39 >> So moved to open 60, 61.
11:09:42 >> Second.
11:09:42 >> All in favor?
11:09:45 Item number 60.
11:09:47 >> Barbara Lynch, Land Development Coordination.
11:09:49 This is request to vacate portion of an alleyway for
11:09:53 the greater Mount Carmel AME church.
11:09:58 Before I present this though, when I came into chambers
11:10:01 today, I noticed some people here that I asked them if
11:10:04 they were here for the vacating, and they are abutting
11:10:08 And they have some access issues with this alley being
11:10:12 >>MARY MULHERN: I'm sorry, we need a motion to --
11:10:16 anyone who wishes to speak, if you haven't been sworn
11:10:19 in, to stand and be sworn.
11:10:22 [Oath administered by Clerk]
11:10:28 >> Thank you.
11:10:29 >> So, I met with these ladies who are abutting
11:10:34 neighbors to the north side of the alley, and Mr. Day,
11:10:37 who represents the church.
11:10:38 And apparently when we went out there, the front of the
11:10:41 alley is blocked and we didn't see any access issues
11:10:45 off the alley.
11:10:46 I did see a car behind 3405 Genesee, but the alley is a
11:10:52 short alley and doesn't extend to that side.
11:10:54 The tire trucks are coming off 38th Avenue.
11:10:57 We weren't sure what was going on there.
11:10:59 But usually when we do the notice and everything, we'll
11:11:02 get calls, so I was not aware there were access issues
11:11:06 off the alley.
11:11:07 So, we have met with Mr. Day and the ladies.
11:11:10 And they have decided to request a continuance of 90
11:11:14 days to try and work out, possibly an easement
11:11:18 arrangement, so that if the alley is closed, they can
11:11:21 access their properties from the rear from another
11:11:24 portion of the church property.
11:11:25 And Mr. Day is here to request the continuance.
11:11:29 >>MARY MULHERN: Mr. Day?
11:11:33 >> Good morning.
11:11:34 My name is Wilton Day, I represent Greater Mount Carmel
11:11:38 AME Church, located 4209 North 34th Street.
11:11:43 I'd like to tell you what we're doing at the church
11:11:45 before we get to the continuance, if I'm allowed to do
11:11:51 >>MARY MULHERN: That's fine.
11:11:53 >> What the church is doing that's making the church
11:11:56 accessible to comply with the ADA regulations.
11:12:01 It's an old church and what we have done so far is we
11:12:03 have increased the size of the steps going into the
11:12:08 sanctuary, in the rear.
11:12:10 We have re-done the bathrooms to make them ADA
11:12:13 And the steps on the front of the church were built to
11:12:18 access the sanctuary at the top.
11:12:22 We have at least 16 steps going up in the front, and we
11:12:28 have 35% of our people that come to the church are
11:12:32 seniors, and super seniors.
11:12:34 Seniors are those that are 60 to 70 years old and those
11:12:38 supers are 70 on up to 90.
11:12:42 So, it's difficult for them to get into the church.
11:12:45 We are putting a ramp on the back of the church to
11:12:47 access the first floor.
11:12:48 But that second floor, it is difficult.
11:12:50 And we're losing people that are seniors and super
11:12:54 seniors because of that.
11:12:55 So the church wanted to put an elevator on the left
11:13:00 side of the church, facing 34th street.
11:13:04 And that's an alleyway there.
11:13:06 And we wanted to put the, build it and the elevator and
11:13:12 25 to 30 feet of -- into the alleyway.
11:13:17 Well, the church owns the lot between the alleyway and
11:13:20 the church.
11:13:21 So, at this point, we find that the two ladies need
11:13:27 access in writing, so that they can get to their home
11:13:32 from the rear of their homes, through this alleyway.
11:13:36 Well, we don't have any objection to that, because we
11:13:39 don't need that part of the alley that comes up to
11:13:42 their homes.
11:13:45 So we're requesting that we have a continuance so we
11:13:47 can work out the legalities to this, so when it's all
11:13:52 done, later after we're all gone, if anybody wants to
11:13:56 object to them coming into the rear of the church,
11:13:59 there will be a legal document stating that they can
11:14:02 continue to do so.
11:14:03 >>MARY MULHERN: Thank you.
11:14:05 Councilman Reddick?
11:14:07 >>FRANK REDDICK: How do you do, sir?
11:14:08 >> Fine, sir.
11:14:13 >>FRANK REDDICK: I have been to your church on more
11:14:14 than one occasion.
11:14:16 And I noticed that you -- this had been on our calendar
11:14:22 for some months now.
11:14:24 And I guess each time, we have this continuance, you
11:14:32 still are denying that opportunity to get those 35
11:14:36 percentage of senior citizens there, to get on that
11:14:41 And I understand the steps.
11:14:43 I climb them steps.
11:14:45 So, how long has it been since you been in -- these
11:14:51 concerns been brought to your attention? Have they
11:14:54 been brought -- the young ladies, has it been brought
11:14:59 to the church's attention prior to this?
11:15:01 >> This morning.
11:15:02 >> This morning?
11:15:03 >> Yes.
11:15:03 Well, what happened was, they got notification.
11:15:08 And I met with them and showed them the portion of the
11:15:11 alleyway that we wanted to vacate.
11:15:14 At that point, there wasn't any problem.
11:15:18 But they said they would be here.
11:15:20 And when it was brought up, that in order for them to
11:15:23 have an agreement that would allow them in the future
11:15:27 to continue to use that portion of the alleyway, that
11:15:30 we don't use, that we maintain, we cut the grass, we
11:15:34 have been cutting for 50 years.
11:15:36 So, that's where we are at this point.
11:15:39 >>FRANK REDDICK: Well, the final question is, I
11:15:42 understand you're requesting 90 days.
11:15:44 Is it possible that this can be worked out sooner than
11:15:48 90 days?
11:15:51 Because I would hate to see this continue to be delayed
11:15:54 when you just need to get that elevator in there.
11:15:57 >> Well, yes, we can.
11:15:59 We can do it in less than 90 days.
11:16:01 The reason I had requested 90 days, because it's
11:16:06 I'm a retiree.
11:16:09 I have been retired 23 years.
11:16:10 Normally from June the 15th to September the 1st, my
11:16:15 wife and I, we usually travel.
11:16:17 >> Okay.
11:16:19 [ Laughter ]
11:16:19 >> We can change that.
11:16:21 >>FRANK REDDICK: I understand that.
11:16:22 No problem.
11:16:25 That's all I have.
11:16:28 >>MARY MULHERN: So, you can tell us when you'd like to
11:16:33 come back.
11:16:35 I think Ms. Cole, did you want to --
11:16:38 >> October the 6th.
11:16:42 >>MARY MULHERN: October the 6th, okay.
11:16:43 And Ms. Cole, did you want?
11:16:45 >> I just wanted to make sure it's clearly understood
11:16:49 that this did just come to staff's attention.
11:16:51 But that once this alley is vacated, it becomes private
11:16:54 property, so if there isn't a correct document in place
11:16:57 for the private entities to deal with the access
11:17:02 issues, then the city would not be able to be involved
11:17:05 in it at all.
11:17:06 So that was just the issue I wanted to make clear.
11:17:09 >>MARY MULHERN: But the -- if they come to a legal
11:17:12 agreement with access that is -- that will be binding
11:17:16 in the future.
11:17:18 >> Between the two property owners, and then you would
11:17:20 just be looking at this as any other vacation petition.
11:17:24 >> So it doesn't -- does it solve the problem of change
11:17:27 of ownership?
11:17:29 What happens if there's a sale of the property?
11:17:33 >> I have to be somewhat cognizant not to give them
11:17:37 legal advice as what they should do to protect their
11:17:37 interest, but typically if there's a private easement
11:17:41 between the two property owners, it would run with the
11:17:43 land, if there's a change of ownership on either
11:17:46 property, there would be this easement that would run
11:17:48 with those properties to continue to allow that level
11:17:50 of access.
11:17:52 >>MARY MULHERN: Okay, thank you. Is there anyone else
11:17:57 who wishes to speak on the continuance?
11:18:02 Can I have a motion to close the public hearing?
11:18:06 Or just -- oh, no, we don't want to close it.
11:18:10 I need motion for continuance.
11:18:12 >> Motion for continuance.
11:18:13 >> Second.
11:18:14 >> For October 6th, 10:30 a.m.
11:18:22 >>MARY MULHERN: All in favor.
11:18:26 Anyone opposed?
11:18:29 Motion made by Councilwoman Capin, seconded by
11:18:36 Councilman Suarez.
11:18:37 Item number 61.
11:18:46 Are we going to hear from staff?
11:18:53 Or the petitioner?
11:18:55 >> Julie Cole, legal department.
11:18:56 This really did come at the request of my office.
11:18:59 As we were reviewing this case, we determined there's
11:19:02 some additional information that needed to be presented
11:19:04 to Council as part of this request for review.
11:19:09 Ms. Coyle would really need to be here in order to
11:19:11 provide that information and backup documentations.
11:19:14 She is not available today.
11:19:16 She's out of the office for a few weeks.
11:19:19 The petitioner and everybody else is comfortable just
11:19:23 going ahead and agreeing to the continuance so that we
11:19:27 could all make sure we have Ms. Coyle here when this
11:19:30 case comes back forward.
11:19:32 >> Move to continue to August 25th, 10:30 a.m.
11:19:37 >> Second.
11:19:37 >> MARY MULHERN: Mr. Shelby, do we normally do that?
11:19:40 Staff can just ask for the continuance, we don't need
11:19:42 the petitioner here to ask for it?
11:19:43 >> They have indicated to me, as I have indicated in
11:19:46 your -- in my request, that they're agreeing to the
11:19:49 With them not being here, I'm comfortable that they
11:19:51 have accepted the continuance and will not make an
11:19:56 issue of that at some point in the future.
11:19:59 >>MARY MULHERN: And we're -- the request is to continue
11:20:01 to August 25th at 10:30.
11:20:08 >> May I?
11:20:11 >>MARY MULHERN: Yes, Councilwoman Montelione.
11:20:14 >>LISA MONTELIONE: Thank you.
11:20:15 I just want to make sure, Ms. Cole, because this item
11:20:18 was the last item.
11:20:19 This item has been on our agenda many times.
11:20:22 And I want to be careful that the petitioner gets their
11:20:26 due process, so that we hear this item, when we're
11:20:32 scheduling it for this next time.
11:20:35 Because that has been continued and continued.
11:20:37 I would like to make sure that they get their hearing.
11:20:42 >> Understood.
11:20:42 Thank you.
11:20:45 >>MARY MULHERN: Is there anyone here who wishes to
11:20:47 speak on this?
11:20:48 It doesn't look like it.
11:20:49 But it will be noticed again, right?
11:20:53 >> There will not be an additional notification in this
11:20:55 instance because it's just continued on the record.
11:20:57 And remember in your review hearings, it's a very
11:20:59 limited notification to those folks who have been part
11:21:02 of the process in the previous hearings.
11:21:05 They have been told that this hearing is not going
11:21:09 forward today and there was -- well, they have been
11:21:11 told there was request for continuance, and that's why
11:21:14 those folks are not in the audience today.
11:21:16 I will make sure they are very well aware this was
11:21:19 continued and the date this was continued until.
11:21:22 >>MARY MULHERN: You're talking about the public?
11:21:26 >> Yes, the public.
11:21:28 I believe there are several folks that showed up at
11:21:30 your last hearing.
11:21:31 And those folks, I wasn't actually here for the last
11:21:37 hearing, but I don't know exactly who the folks are.
11:21:39 But I do know our staff folks as well as petitioner, we
11:21:42 are in contact with them to let them know there was
11:21:44 this request for continuance and when it would be
11:21:47 continued until.
11:21:48 By the fact they're not here, I'm presuming they have
11:21:50 the message.
11:21:51 But I will double-check to make sure they got the
11:21:54 >>MARY MULHERN: Maybe you can remind us of this
11:21:56 discussion the next time it comes up on August 25th.
11:21:59 There was no one here.
11:22:02 >> I'll make sure.
11:22:04 >>MARY MULHERN: We are voting to continue an item when
11:22:06 neither the petitioner or any of the opposition was
11:22:08 Was there a motion?
11:22:13 >> We have made a motion, moved and second.
11:22:17 >>MARY MULHERN: You made the motion, Councilman
11:22:20 Reddick, seconded by Councilman Suarez.
11:22:22 Is that right?
11:22:25 All in favor?
11:22:26 All right.
11:22:28 Well, I think that's it.
11:22:34 For our agenda.
11:22:34 Anyone have any other new business?
11:22:40 In the last hour.
11:22:43 I need a motion to receive and file.
11:22:47 >> So moved.
11:22:48 >> Second.
11:22:48 >> All in favor?
11:22:50 We are adjourned.
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