TAMPA CITY COUNCIL
Thursday, August 25, 2011
9:00 a.m. session
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08:51:53 >>MARY MULHERN: We will have our invocation.
09:05:19 Our invocation person?
09:05:21 We will have that in a moment.
09:05:46 The chair yields to Councilman Reddick for the invocation.
09:05:50 >>FRANK REDDICK: Just in time.
09:05:52 It's a pleasure to have today with us my pastor, Debby from
09:06:00 missionary Baptist church to lead us in our invocation.
09:06:03 >> Our father which art in heaven, we come to say thank you
09:06:13 for another day, come to ask your divine blessing upon us as
09:06:20 we go through our day, praying that you will bless our City
09:06:26 Council meeting right now, giving them the wisdom they need
09:06:29 to make the right decisions on behalf of the citizens of
09:06:34 In Jesus' name we pray.
09:06:37 [ Pledge of Allegiance ]
09:06:58 >> Roll call, please.
09:06:59 >>MIKE SUAREZ: Here.
09:07:05 >>YVONNE CAPIN: Present.
09:07:05 >>FRANK REDDICK: Here.
09:07:06 >>MARY MULHERN: Here.
09:07:08 >>HARRY COHEN: Here.
09:07:09 >>LISA MONTELIONE: Here.
09:07:11 >>MARY MULHERN: We will have now presentation of the
09:07:19 commendation for police Officer of the Month and Councilman
09:07:23 Reddick as our public safety chairman will do that.
09:07:28 >>FRANK REDDICK: Thank you, Madam Chair.
09:07:35 It's a pleasure to present our Officer of the Month.
09:07:43 I will turn it over to the chief.
09:07:44 >> Chief Castor: Good morning.
09:07:48 Thank you, Councilman Reddick.
09:07:50 Again, it's my pleasure to bring one of the Tampa's finest
09:07:54 before you this morning, Mark Altimori has been with the
09:08:05 department for 21 years and very seasoned and hard worker.
09:08:09 I am going to give you about a it would be-week time frame.
09:08:13 Mark worked the south end of district one on midnight which
09:08:16 allows all of us to sleep soundly during the night knowing
09:08:19 that he's out there supervising.
09:08:21 But he was instrumental in the arrest of three dangerous
09:08:24 individuals during a two-week period recently.
09:08:28 There was a domestic dispute, fell nanny domestic violence
09:08:34 that was reported down in the south end in the 6400 block of
09:08:37 south Adelia.
09:08:39 Several persons were involved, and our records show that at
09:08:42 that particular address that there was a prior offense that
09:08:46 involved an AK-47.
09:08:48 So obviously this was a dangerous incident to be responding
09:08:52 Corporal Altimori responded with several officers and he put
09:08:58 himself in a position wherein he could see the back door and
09:09:01 bedroom window.
09:09:02 There was an individual who came up and identified herself
09:09:05 as a suspect's aunt and asked her if she would make contact
09:09:11 with the suspect.
09:09:12 They had tried unsuccessfully to get anyone to answer, and
09:09:23 they would be held hostage.
09:09:24 The aunt called the suspect -- she ultimately handed the
09:09:32 phone to corporal Altimori and he talked to the suspect, and
09:09:36 within a couple of minutes he came out and surrendered
09:09:39 Now, obviously this could have had a very, very different
09:09:41 ending if mark hadn't been involved in that.
09:09:44 Another incident, 4800 block of South Westshore Boulevard,
09:09:49 an apartment complex there, another domestic violence where
09:09:52 a window had been broken out.
09:09:54 Mark responded there, got the male to leave that location
09:09:59 and told him if he came back that he in fact would be
09:10:03 And as a seasoned veteran he thought that the individual may
09:10:07 return, so he came back to check on the female sometime
09:10:09 later and actually found the individual in fact breaking
09:10:13 into the apartment.
09:10:13 So he was able to take him into custody at that time and
09:10:18 also prevent any further violence.
09:10:21 This last incident, we really had nothing to go on.
09:10:26 It was a sexual battery where an individual had broken into
09:10:30 a female's apartment down on south Albany, and mark, with
09:10:38 other officers, responded to that location.
09:10:40 He went around the scene, into the backyard, noticed that
09:10:43 the back gate was ajar, so he went and inspected into the
09:10:47 alleyway and saw a series of trash cans and Ford trucks, and
09:10:52 there was an area where an individual could hide themselves
09:10:55 in order to look upon that residence.
09:10:57 He went over there and saw some papers, and there were some
09:11:02 papers laying on the ground which struck him as being
09:11:05 peculiar, because in that alleyway there was some trash and
09:11:08 some weather weathered paper but these seemed to be new.
09:11:13 He looked on them and they had an individual's name,
09:11:16 actually a pay stub from a nearby restaurant.
09:11:18 He knew that this may have some evidentiary value to the
09:11:21 sexual battery, called out, and, in fact, that is what led
09:11:28 to the apprehension of the suspect.
09:11:30 We had nothing to go on except for what mark found out there
09:11:34 in that alleyway, and that allowed us to take the suspect
09:11:37 into custody before he was able to commit any other crimes
09:11:41 in the south end of Tampa.
09:11:42 And I know that the victim in that particular case was very,
09:11:45 very thankful of TPD's actions, which in fact were corporal
09:11:50 Altimori's actions and allowed us to take him into custody.
09:11:56 Obviously, Mark is a very, very hard worker.
09:11:59 He's a corporal so he's a supervisor, down on the south end.
09:12:04 We are thankful to have him.
09:12:05 I know the citizens are all thankful to have him out on duty
09:12:09 on the midnight shift.
09:12:11 He leads from the front and he's a great example of what TPD
09:12:14 is all about and our mission to try to keep this city as
09:12:18 safe as we possibly can.
09:12:19 So it is my pleasure to present corporal Mark Altimori as
09:12:25 Officer of the Month for August 2011.
09:12:29 [ Applause ]
09:12:34 >> On behalf of the Tampa City Council, we would like to
09:12:36 present this commendation to you.
09:12:38 And congratulations.
09:12:39 >> Tampa PBA, congratulations.
09:12:51 Here is a $100 gift certificate.
09:12:54 >> Congratulations.
09:12:56 Steve Stickley representing Stepps towing service.
09:12:59 On behalf of Jim and Judy and Todd Stepp we would like to
09:13:03 present this little statute to you for a job well done.
09:13:07 As a resident of that south end area we really appreciate
09:13:10 what you do down there.
09:13:11 I know there's a lot of activity, and we appreciate you guys
09:13:14 out there doing that hard work for us.
09:13:16 Here is also a gift card to Lee Roy Selmon's.
09:13:21 Enjoy it.
09:13:22 >> Good morning, council.
09:13:26 I'm Frank DeSoto with Bill Currie Ford Lincoln representing
09:13:30 curry family and all the employees of Bill Currie.
09:13:33 We would like to present you with this watch, a token of
09:13:36 your appreciation for your hard work.
09:13:37 >> Joe Durkin, along with Carlos Dell SAGO.
09:13:50 On behalf of Bright House, one month complimentary service
09:13:53 for all Bright House services.
09:13:55 >> Thank you, sir.
09:14:00 >> Flowers in Ybor, and this isn't really for you, it's for
09:14:09 the significant other.
09:14:11 But I'm going to give you this to remember the day.
09:14:18 >> On behalf of Straz center, two tickets to a live concert.
09:14:29 Thanks for all that you do.
09:14:30 >> First, I would like to thank City Council for all the
09:14:38 support that we get from council at TPD.
09:14:42 That's a tough thing balancing all you do.
09:14:44 And we do appreciate that.
09:14:46 I would like to thank all the citizens of the city, because
09:14:49 without them, we really couldn't get done what they do.
09:14:52 It definitely a partnership.
09:14:55 I would like to thank the chief and our assistant chiefs.
09:14:59 One of the things, when Chief Castor became chief and Chief
09:15:04 Bennett, one of the things he said that stuck with me, and
09:15:07 this is kind of the motto I use.
09:15:11 Police like you live there.
09:15:12 And I do live there
09:15:14 But no matter where I work in the department, I have always
09:15:16 had to take that motto, police like you live there, because
09:15:21 like we all do, we all live in the city, and it's our city.
09:15:24 Jill was my FDO 21 years ago, and she did something right.
09:15:36 Thank you, Jill.
09:15:37 Last but not least I would like to thank my wife of 25
09:15:40 years, for tolerating all this career involves and never
09:15:45 once complaining about it and allowing me to do the
09:15:47 assignments that I have wanted to do, regardless of the
09:15:50 hours, regardless of how old our children were.
09:15:53 She was always supportive of me, and I appreciate that.
09:15:56 Thank you.
09:15:58 [ Applause ]
09:16:09 >>MARY MULHERN: Thank you for everything that you do.
09:16:23 We move to the approval of our agenda.
09:16:25 A couple of notices -- announcements before that.
09:16:30 Chair Miranda will be absent at this meeting.
09:16:35 And at 11:00, Tampa City Council will recess the meeting to
09:16:41 convene a closed session to discuss a settlement
09:16:45 negotiations and strategy sessions relating to litigation
09:16:50 expenditures regarding City of Tampa versus Marion S. Lewis,
09:16:55 case 07-CA-000838, and City of Tampa versus Marion S. Lewis,
09:17:02 case SC-11-1346.
09:17:06 So at 11:00 or as close to that as possible, we will -- this
09:17:13 council will go into a closed session.
09:17:20 And I just would like us to try to do our best to move the
09:17:26 agenda today so that we won't have to reconvene.
09:17:34 We will reconvene to close the meeting after the closed
09:17:37 session, but if we can get through our business before that,
09:17:41 it will mean that the public will not have to come back at
09:17:45 1:30, so it would be great if we could try to be succinct
09:17:53 >> Move to approve the agenda today along with the addendum
09:17:58 to the agenda.
09:18:00 >> Second.
09:18:01 >>MARY MULHERN: All in favor?
09:18:02 Anyone opposed?
09:18:08 Mr. Shelby, did you want to go over the changes?
09:18:11 >>MARTIN SHELBY: Not necessary, council.
09:18:12 The motion being made with no other changes to the agenda,
09:18:16 no additions or deletions, we'll move to the consent docket
09:18:19 unless you wish to have the clerk review it.
09:18:22 There is not necessarily a need, unless you wish to know
09:18:25 about the removal of the items for the purposes of letting
09:18:29 the public know.
09:18:29 >>MARY MULHERN: I think we should do that.
09:18:34 If the clerk would like to do that.
09:18:36 >>THE CLERK: We have a request by Karen Palus, parks and
09:18:49 recreation director, to reschedule and set a workshop 30
09:18:56 minutes on October 27, 2011, at 10 a.m. for a presentation
09:19:01 regarding the results of a neighborhood survey on urban
09:19:06 Council, by previous motion, set this issue as a staff
09:19:11 report to be scheduled on September 1st, 2011.
09:19:14 Regarding substitutions of agenda items, item 83, Dennis
09:19:23 Ruggiero is requesting that the agenda request form in
09:19:27 resolution B substitute, this is regarding a non-ad valorem
09:19:32 assessment role, the Westshore area of the City of Tampa, to
09:19:37 pay for certain enhanced services.
09:19:41 Regarding continuances or removal of items, item number 60,
09:19:48 we have a resolution approving renewal of agreement with
09:19:51 Central Park, parking system of Florida.
09:19:56 Vince Pardo, Ybor development manager, is requesting that
09:20:00 the resolution be removed from the agenda.
09:20:04 Item 96, we have a request for withdrawal.
09:20:11 This is regarding the KOTO Japanese steakhouse.
09:20:20 Gina Grimes, petitioner's representative, is requesting that
09:20:23 item be withdrawn.
09:20:26 Other notices or notes, changes to the agenda, item number
09:20:29 2, we have a PowerPoint presentation from the Tampa Bay
09:20:34 Regional Planning Council.
09:20:36 Item 38, we have a resolution supporting the imposition by
09:20:43 Hillsborough County of a one-cent per motor vehicle as
09:20:49 provided by Hillsborough County ordinance number 11-9.
09:20:54 We have a request that this item requires majority plus one
09:21:00 vote of council in order to pass
09:21:04 Item 86, we have a confirmation of appointments of Bowen and
09:21:14 Jacqueline Smith wiles to the Planning Commission.
09:21:19 The resolution has been submitted by the legal department.
09:21:22 You have already approved the addendum.
09:21:25 To the agenda.
09:21:26 >>MARY MULHERN: Thank you.
09:21:29 I would like to ask for a motion on the new business, a
09:21:33 separate motion to set that, to continue that.
09:21:37 >>LISA MONTELIONE: Motion to continue to September 1st.
09:21:42 >> Second.
09:21:43 >>MARTIN SHELBY: I believe that is set for October 27, at
09:21:47 11 and some a.m.
09:21:50 >>LISA MONTELIONE: I'm sorry.
09:21:51 Motion to set the workshop for October 27th at 10 a.m.
09:21:59 >> Second.
09:22:03 >>MARY MULHERN: All in favor?
09:22:05 I think we have adopted everything else.
09:22:06 We got a little ahead of ourselves there.
09:22:16 I am going to open the floor to public comment.
09:22:18 We have 30 minutes for any matters other than public
09:22:21 Three minutes per speaker.
09:22:22 And we will give preference to speakers wishing to address
09:22:27 items that are on today's agenda.
09:22:29 So if anyone wishes to speak, please come forward now.
09:22:32 >> Good morning.
09:22:37 Pete Johnson, 6113 Margo drive, Tampa, Florida.
09:22:45 I want to the speak on item 47.
09:22:46 I sent you all several e-mails about this property exchange.
09:22:52 I do approve it.
09:22:53 I think it's a great idea.
09:22:55 My problem is that this property has had code and zoning
09:23:01 violations on it going on three years.
09:23:06 And legal has refused to take any kind of measure to correct
09:23:10 the situation.
09:23:15 I also transmitted the building that has been denied for the
09:23:25 second time for the exact same reasons as the first one was
09:23:29 denied, and it's quite obvious that this property owner is
09:23:33 not working with the city.
09:23:37 I wish that we could come up with some legislation to make
09:23:42 our zoning violations more stringent or more enforceable.
09:23:49 Thank you.
09:23:49 >>MARY MULHERN: Thank you.
09:23:53 >> I'm Ed Tillou.
09:24:03 I live in Sulphur Springs, which is where the main problem I
09:24:07 want to bring your attention to.
09:24:09 We have emergency situations here that have got to be dealt
09:24:13 with in the next few days, and these are both public safety,
09:24:20 which is Mr. Reddick most of all, and then public works
09:24:23 which is Mr. Suarez.
09:24:28 Though I'm here mostly about Linebaugh and Nebraska -- which
09:24:33 I brought to your attention before, I brought this up in the
09:24:35 past -- there also was a very bad situation at Henderson and
09:24:40 Dale Mabry, a lot of flooding about a week ago, and that's
09:24:44 very critical because it's on the D evacuation route and H
09:24:50 evacuate routes.
09:24:54 I cleaned these out, these evacuation schedule routes, but I
09:24:58 have six of them.
09:24:59 I'll pass them around if any of you all would have one, you
09:25:04 can pass them along.
09:25:05 But the thing about Nebraska is that Nebraska is on the B
09:25:10 we're vacates downtown and the other place, Ybor City.
09:25:16 So it's a very important evacuation route.
09:25:18 Now, the state of affairs is that Linebaugh is still closed
09:25:23 from flooding from that sump, that drainage basin.
09:25:28 And what I'm about 80 or 90% sure of -- I'm not 100
09:25:34 percent -- but I think that has passed City Council not
09:25:40 having done something about the problem.
09:25:46 Now I think to exempt slow release fertilizer.
09:25:51 This is very important.
09:25:53 Very important for the dead zone out in the Gulf of Mexico,
09:25:58 what I passed material around on.
09:26:00 But the exasperation of people is that for years and years
09:26:03 nothing has been done, and the consequence of that, I
09:26:06 believe, is the root cause of what's the problem in that
09:26:10 drainage basin.
09:26:11 Now, I think what you are going to have to do is go in with
09:26:14 a little bulldozer and scrape the top two or three inches of
09:26:21 It's full of water now.
09:26:22 And there might be another hurricane in a week or two, and
09:26:25 then it's not only going to flood Linebaugh but flood out
09:26:29 So this is very scary.
09:26:31 As I said, I think there's some ponding at Henderson and
09:26:37 Dale Mabry but I think that this failure to have something
09:26:40 about the fertilizer, algae has clogged us, you need
09:26:45 percolation tests, you need to get a geotechnical outfit on
09:26:49 this within a few days, and maybe under resolution 8,
09:26:53 resolution 26, you will be able to come up with the money to
09:26:55 do this quickly on an emergency basis, because it's just a
09:27:01 long time situation.
09:27:02 (Bell sounds)
09:27:04 I'll pass this around.
09:27:17 It was stormwater.
09:27:17 >>THE CLERK: I'll take them.
09:27:20 >> My name is Abbott W. Carswell, 3625 East Idlewild Avenue.
09:27:44 And I was here back in February on the high water bills.
09:27:49 And since that time, no one has been out there from the
09:27:53 They sent me a letter but nobody has been out there telling
09:27:57 me I got a sprinkler system.
09:27:58 I don't have no sprinkler system.
09:28:00 Originally back in November '03, they said I used 40,000
09:28:07 gallons of water.
09:28:08 I don't have a sprinkler system.
09:28:10 I hand water.
09:28:11 And it's been an be ongoing problem.
09:28:14 And they still haven't resolved it.
09:28:16 And it's real simple.
09:28:20 As I left home today was 0280.
09:28:24 And when I originally came here, the meter reading, January
09:28:34 6, 2010, was 0092.
09:28:37 You don't take nobody that long to tell you how much from
09:28:42 that time to here.
09:28:43 I don't see why you use 40,000.
09:28:46 And then it went back down in February when I was here, it
09:28:51 went down the next month back to my regular between 40 and
09:28:56 50 somebody dollars a month.
09:28:57 Now they are saying I used 18,000 gallons of water.
09:29:02 I don't know what's happening here.
09:29:04 It needs to be looked into.
09:29:06 I have copies of some of my bills before that time and after
09:29:11 that time, if I can present them to the council where they
09:29:17 can take a look at them and get somebody to resolve this,
09:29:20 because I need my water.
09:29:21 I don't want it shut off.
09:29:23 And if I owe the money I am going to pay it.
09:29:26 But if I don't owe it, I don't want to pay something that I
09:29:28 don't owe.
09:29:29 And I don't feel like I used that amount of water.
09:29:35 When I went down to the water department, they asked me go
09:29:40 outside and read the meter on July 28, 20711.
09:29:45 It was 0272.
09:29:48 And I talked to somebody down at the City of Tampa, named
09:29:53 pat Pablos was the person I talked to at that time.
09:29:58 They sent me a request form.
09:30:00 I did not ask for a request form, and made no payment
09:30:07 I asked them to send somebody out and see whether or not
09:30:09 there were any leaks on the property, which they didn't.
09:30:12 (Bell sounds).
09:30:13 >>MARY MULHERN: What is your address?
09:30:15 >> 3625 East Idlewild Avenue.
09:30:19 Channel 10 news and been out there, and looked at the
09:30:24 problem, and nobody from the City of Tampa would even pay
09:30:27 attention to it.
09:30:28 >> So the water department, no one has come out to your
09:30:31 house from the water department?
09:30:32 >> No, ma'am.
09:30:33 >>MARY MULHERN: Okay.
09:30:34 I'm sure hopefully they are watching.
09:30:38 Is that Councilman -- is that your --
09:30:42 >>LISA MONTELIONE: I don't believe it is.
09:30:43 However, I have been fielding a lot of citizens requests,
09:30:45 because many of the high water bill issues have been in my
09:30:50 So I would be more than happy to have --
09:30:54 >> I kind of feel like maybe -- they gave me an area of the
09:30:59 list lists they checked out, in Dan -- Dana Shores.
09:31:05 I happen to be in north Tampa.
09:31:07 >>LISA MONTELIONE: The mapping that I have received from
09:31:09 the water department, the high water bill incidents have
09:31:12 been spread out throughout the city.
09:31:14 It just a predominance of them have been in my district.
09:31:16 So I would be more than happy to inquire with the water
09:31:20 department about it.
09:31:21 >> Back when this article came out, about the 77-year-old
09:31:26 lady, they said she just used 15,000 gallons of water.
09:31:31 Her bill was 2,000 some dollars.
09:31:33 So why is mine not 2,000 some dollars?
09:31:37 They said I used $8,000.
09:31:39 >> If you can get those papers to Councilwoman Montelione.
09:31:43 And I'm sure the water department has been doing a good job
09:31:47 of checking into these things but, you know, they haven't
09:31:50 gotten everybody.
09:31:59 We are going to help you out with that.
09:32:01 >> My name is Chris Kasten, speaking on a nonagenda item.
09:32:07 I'm an attorney with Bush Ross.
09:32:10 Also owner of some property 511 North Franklin Street about
09:32:14 a half block up from the police station.
09:32:16 I'm here to talk to you a little about the homeless problem
09:32:19 that we have down here, because it really is a problem
09:32:21 that's impacting development and the businesses of my
09:32:24 tenants that are in the building.
09:32:26 There are two restaurants in there.
09:32:27 One is called the retro and one called fresh.
09:32:31 Fresh is open till 8 at night and the metro open till ten at
09:32:37 There's a huge homeless problem that goes downtown in this
09:32:39 area with homeless people, and that are causing problems and
09:32:44 harassing verbally and threatening people come in and out of
09:32:48 the restaurants on a regular basis.
09:32:50 Everybody has been very supportive in the bureaucracy to try
09:32:54 to help us figure out how to get through this, and I would
09:32:58 compliment Councilman Reddick for taking my phone calls and
09:33:01 speaking with me on some things that we can do.
09:33:03 My tenants talked to the police department and they
09:33:05 responded quickly and they come out there, but frequently
09:33:08 the homeless people have either moved through, or there's
09:33:10 not anything that the police department can arrest these
09:33:12 people for doing, or to do anything to fix the problem.
09:33:16 I have been in downtown Tampa for 23 years.
09:33:19 I went to the downtown partnership annual meeting when the
09:33:24 mayor spoke about downtown Tampa as being the front door to
09:33:27 Tampa, and the open place that we will build the future of
09:33:31 Tampa in connecting Ybor City and Channelside and the SoHo
09:33:34 area in Tampa, and it is important.
09:33:36 And this is really causing a problem for my tenants and
09:33:39 their ability to bring people into the restaurant in the
09:33:42 evening hours.
09:33:43 And that's really where downtown is going to begin to
09:33:45 develop is to develop the after-normal-business hour
09:33:50 approach or facilities for people to come in and have
09:33:53 And people would like to come into these restaurants and
09:33:55 have dinner at night.
09:33:56 The Hyatt, for instance, they are unwilling to allow their
09:34:00 people that are staying there to walk over alone at night.
09:34:03 They have to put them in a bus and take them over there to
09:34:06 the metro to go eat, because they are concerned with their
09:34:09 safety and well-being in this area, because there are a
09:34:12 number of homeless people.
09:34:14 I am not anti-homeless in any way shape or form.
09:34:17 I don't have a good solution here.
09:34:18 But what I am coming to the council today is to be prevail
09:34:21 upon your leadership role and position here within Tampa to
09:34:24 try to set some parameters to address the issue and figure
09:34:27 out what it is as government that we can do to try to
09:34:30 address the problem and come up with a solution that will
09:34:33 allow the businesses down here to begin to be function and
09:34:37 to have a chance to go into the evening hours and begin to
09:34:40 try to make downtown Tampa blossom.
09:34:42 And that's exactly -- I live in St. Petersburg, and that's
09:34:45 exactly what happened to downtown feet.
09:34:47 Those people are able to go into those areas and they are
09:34:50 safe when they do that.
09:34:51 And there are people right now that in the middle of the
09:34:53 day, they will urinate right there in the access areas at
09:34:59 2:00 in the afternoon.
09:35:00 And we can't get the response, even though the city, or the
09:35:03 police responds quickly and have been does what they can do,
09:35:06 there is no mechanism to do that.
09:35:07 I'm asking the City Council, please consider some workshops
09:35:12 or something to try to address the problem.
09:35:14 (Bell sounds).
09:35:15 >>MARY MULHERN: Thank you, sir.
09:35:16 Councilman Reddick.
09:35:18 >>FRANK REDDICK: Good morning.
09:35:20 How are you doing?
09:35:21 Let me ask you a question.
09:35:25 I have been working with you on this.
09:35:28 And have been they removed the benches?
09:35:31 >> You did.
09:35:32 That was a help.
09:35:33 It was.
09:35:33 >> Has there been an improvement since the benches have been
09:35:38 >> There's been some improvement because the homeless people
09:35:41 are not sitting there on those benches right in front of the
09:35:44 So that has been a help.
09:35:45 And it really is more people walking through.
09:35:48 They'll stay a little bit and then they'll walk through the
09:35:50 And it's a tough issue.
09:35:52 It's a problem.
09:35:53 I don't have a good solution.
09:35:54 I really don't.
09:35:55 I don't know the St. Pete solution on moving them out to a
09:35:59 different part of the county is necessarily a good solution
09:36:02 But we need to do something if we expect downtown Tampa to
09:36:05 develop and blossom.
09:36:07 And this is exactly the kind of things that entrepreneurs
09:36:09 like myself and like these tenants that are down there
09:36:12 desperately want to make work.
09:36:15 But we can't fix this problem.
09:36:16 There's nothing we can do to try to make that work.
09:36:18 >> Well, hopefully, by us removing the benches -- and that's
09:36:23 one of the things we are going to explore, is see by
09:36:25 removing the benches in front of your businesses and other
09:36:28 businesses, that this will cause them to move farther away
09:36:31 from your business.
09:36:32 So as we stated to you before, we are going to try this
09:36:36 first to see if this works.
09:36:37 And I agree, this is a serious problem, and I think on the
09:36:41 8th of September we are going to address this issue, and
09:36:46 maybe you will be here on the 8th, because we will
09:36:49 address this and hopefully we can come up with some type of
09:36:53 resolution for the problems that you encounter, and other
09:36:57 people in the county as well.
09:36:58 >> And all the business people thank you for focusing on
09:37:01 this because it's very important to them.
09:37:03 Thank you.
09:37:03 >> may I address council?
09:37:07 My name is Frederick A. Garcia, and I reside at 2412 west
09:37:13 30th Street, suite 1, because there are two apartments
09:37:19 that have been added to my house.
09:37:20 The Planning Commission and City of Tampa approved some
09:37:25 years ago rezoning that allowed me to do so.
09:37:29 So there are two new apartments there so we have 1, 2 and 3.
09:37:32 I live in the main house, suite 1.
09:37:35 And that's zip code 333609.
09:37:40 I received a notice, I guess the council is aware of the
09:37:43 notice concerning stormwater drainage, reassessment or
09:37:47 increase in the assessment.
09:37:49 And that's what I'm here about.
09:37:51 >>MARY MULHERN: Sir, that is listed as a public hearing
09:37:58 today, so you are here at the right time, but I think that
09:38:02 would be the time to speak on this.
09:38:03 >> Okay.
09:38:06 I want to apologize.
09:38:07 One of the things I wanted to ask, at least with respect to
09:38:09 my individual property, is it possible for the council to
09:38:12 grant me a short extension and possibly take this up at a
09:38:16 different time because I have to go to work.
09:38:18 >>MARY MULHERN: Oh, you have to leave now?
09:38:21 >> Yes.
09:38:22 >>MARY MULHERN: Okay.
09:38:24 Perhaps you could talk to our attorney, Sal Territo who is
09:38:31 here and you can talk to him now about it.
09:38:33 >> One of the reasons I would like to get -- thank you very
09:38:39 >>MARY MULHERN: Thank you.
09:38:42 Is thereby anyone else who wishes to speak?
09:38:46 Thank you.
09:38:56 We are going to move on to item number 2, which we have
09:39:02 Betty Johnson, our experts from the Tampa Bay Regional
09:39:08 Planning Council who does our disaster planning for the four
09:39:23 counties, and she deals with the Pinellas and Manatee and
09:39:26 the counties that are closer to the Gulf.
09:39:29 So thank you, Betty, for come.
09:39:31 >> Thank you very much for the invitation.
09:39:34 >>MARY MULHERN: I'm sorry.
09:39:35 Councilwoman Capin had invited you and would like to --
09:39:41 >>YVONNE CAPIN: Again, I would like to thank you for come
09:39:42 and presenting.
09:39:44 This information is always pertinent.
09:39:46 But today, as we watch hurricane Irene move up the east
09:39:52 coast, it's particularly pertinent.
09:39:54 So thank you.
09:39:55 And we will be paying very close attention.
09:39:58 >> Thank you very much.
09:40:01 >>MARY MULHERN: Thank you, Councilwoman Capin for getting
09:40:04 this in before the hurricane season is over, and we get our
09:40:07 first hit to Florida.
09:40:09 >> I'm not sure how to work this.
09:40:22 Again, thank you very much for the invitation.
09:40:23 I'm here today just to present some of the findings from our
09:40:26 recently-released evacuation study update for the Tampa Bay
09:40:31 This is part of the statewide regional evacuation study for
09:40:36 the entire State of Florida.
09:40:39 Just a little background.
09:40:43 In terms of how we got here.
09:40:45 I know you cannot forget the hurricane of 2004 and 2005.
09:40:51 It got everyone's attention on the Gulf and on the Atlantic
09:40:54 coast in terms of -- in 2004 the state was hit by four
09:41:00 hurricanes, including hurricane Charley which originally was
09:41:04 supposed to hit the Tampa Bay area.
09:41:08 There were two projects, major projects that were funded
09:41:12 through federal funding in the State of Florida.
09:41:15 One was almost $26 million LIDAR program which provided very
09:41:22 detailed topographic data for the entire coastal area of
09:41:27 And then another 4.5 million for the update of all 11
09:41:32 regional evacuation studies in the State of Florida.
09:41:36 Believe it or not, this is the first time in the country
09:41:39 this has ever been done.
09:41:40 It's a major project.
09:41:41 But to do it all at the same time in a coordinated way --
09:41:45 can you imagine -- and with consistent methodology.
09:41:48 So a lot of areas, our area had just been updated in 2006.
09:41:53 We are pretty diligent about that but there were some areas
09:41:56 including south Florida and the pan manual that had not been
09:41:59 updated in more than 10 years.
09:42:03 It's a mega study and we killed a lot of trees.
09:42:08 There were eight volumes including the technical data report
09:42:11 and then a lot of background data and a lot of electronic
09:42:14 digital data that was provided to all the local governments.
09:42:20 Okay, we have to wait for just a moment.
09:42:27 As part of the technical data report -- there we go -- I
09:42:32 include the executive summary, but it also looks at the demo
09:42:36 oh graphics of our region and in our area.
09:42:39 Our hazards analysis, we looked at not just storm surge but
09:42:44 We looked at not just hurricanes but fresh water flooding
09:42:47 and hazardous materials and possible evacuations from those
09:42:52 There was a statewide behavioral analysis that was
09:42:55 conducted, both a survey and detailed analysis,
09:43:00 vulnerability analysis, looking the he number of people and
09:43:04 critical facilities, shelter analysis which looked at our
09:43:07 shelters, and based on criteria as well as potential demand,
09:43:12 and then an updated evacuation clearance time.
09:43:17 The LiDAR and update of the NOAA slosh model was critical.
09:43:24 This had not even been done for our area since 1990.
09:43:29 So the LiDAR that was collected gave us topographical data,
09:43:34 and then the slosh model, so we have a much more refined
09:43:38 idea of where that storm surge would occur.
09:43:41 Again, the slosh model was updated so the data was updated
09:43:45 to NAV-D88 and brought us almost into the 21st century.
09:43:51 Everything was much more detailed.
09:43:53 We ran 130,000 storms statewide, more than 12,000 here in
09:43:59 the Tampa Bay area.
09:44:00 And this --
09:44:03 >>MARY MULHERN: Councilwoman Montelione has a question for
09:44:06 >>LISA MONTELIONE: What's a slosh model?
09:44:09 >> It's NOAA's numerical storm surge model.
09:44:13 And hopefully, there's some pictures.
09:44:15 I don't know if you can see them.
09:44:16 But basically what we do is run in a hypothetical storm and
09:44:20 determine what the storm surge would be at each of the 3500,
09:44:28 and determine how deep it's going to be and what areas need
09:44:31 to be evacuated.
09:44:35 It stands for overland surges from hurricanes.
09:44:44 One of the really cool products of the project was the storm
09:44:49 tide atlas.
09:44:50 And it's very detailed information, and we put some of the
09:44:59 critical facilities, points of reference.
09:45:01 For example in, this particular example the surgical center
09:45:04 is there, and the spot elevations, so you can see how deep
09:45:07 the water is, and specifically on the block by block what
09:45:11 areas would be inundated.
09:45:14 Wee also did a critical facilities Geo database, and we
09:45:18 looked at everything from our health care facilities to our
09:45:22 potential point of distribution, staging areas, EMS, all
09:45:30 those structures, and determining which ones were the most
09:45:34 >> You have more than three minutes so you can finish your
09:45:46 That was five?
09:45:47 Okay, that was your five minutes.
09:45:51 >> The behavioral analysis, we did a huge survey.
09:45:56 We surveyed over 600,000 people, not just in our area, but
09:46:02 in the coastal areas, and also inland.
09:46:06 Pretty much we are asking them, would you leave and under
09:46:11 what circumstances would you leave?
09:46:12 Do you know your zone?
09:46:14 When would you leave?
09:46:15 Where do you plan on going?
09:46:16 And we got some pretty surprising reactions in terms of our
09:46:24 assumptions in terms of the behavioral survey itself.
09:46:27 One of the most disturbing for me is, as much as local
09:46:31 governments in the Tampa Bay region have done in terms of
09:46:34 public information -- and we do a lot.
09:46:38 We provide detailed maps.
09:46:43 If you call people on the Web site you can find out exactly
09:46:46 what's on there.
09:46:48 50% of our residents have no idea what's on there so we
09:46:51 still have a big challenge in terms of public information.
09:46:54 And a whole lot of other people that don't need to leave,
09:46:57 that are in fact high and dry, and in a secure building,
09:47:02 they are the ones that want to take off and go to Atlanta or
09:47:06 New York or Las Vegas.
09:47:09 But the behavioral survey, one of the things is that people
09:47:13 don't necessarily do exactly what they said they are going
09:47:16 to do in a survey, so we have to kind of run it through the
09:47:19 general response model which says, okay, in the past people
09:47:22 have said this, across the country, so the general response
09:47:29 kind of skews that out so we do get some assumptions.
09:47:32 But we used them specifically, and did it have some changes
09:47:38 on our operations to talk about.
09:47:39 But regional structure analysis, as I said, we looked at the
09:47:42 criteria, and then we looked at demand.
09:47:45 And demand has fallen significantly since hurricane Elena.
09:47:51 Do you know we have the largest shelter operation in the
09:47:56 We had over 300 that you people in shelter in our four
09:48:01 However, maybe people learned their lesson or maybe people
09:48:05 have gotten the message, you know, if you have an
09:48:08 alternative, it's much nicer to stay with friend.
09:48:10 But demand is down to like 5 or 10% of the evacuating
09:48:16 So our shelter demand in Hillsborough doesn't necessarily
09:48:20 have a shelter deficit until you get into serious storms
09:48:23 like category four or five.
09:48:25 And of course you will have a few Pinellas County folks from
09:48:29 But the shelter issue is huge.
09:48:32 It's not just about the shelter criteria and identifying the
09:48:37 structures and identifying the staffing, but we also have
09:48:39 the pet shelter issue that we have to continue.
09:48:45 57% of our -- we do not want people to leave pets behind.
09:48:50 They want them to take them with them.
09:48:52 We need to find an alternate place for them, usually,
09:48:56 although we do have some special pet-friendly shelters now.
09:48:59 Also, that whole issue of special needs and access and
09:49:03 functional needs is a huge issue in becoming an even bigger
09:49:09 As I said, shelter capacity has gone up.
09:49:12 Hillsborough County school board has built all their new
09:49:14 schools to the enhanced hurricane protection criteria, so
09:49:19 they serve as wonderful shelters, and demand has actually
09:49:23 gone down.
09:49:23 So as you can see, Hillsborough does not have a deficit.
09:49:27 But we do know that regionally you will get folks come from
09:49:30 the south, and folks come over from Pinellas County.
09:49:35 The evacuation transportation, also this was a much more
09:49:39 sophisticated analysis done statewide, and then regionally.
09:49:43 It looks at the impacts of folks come down from southwest.
09:49:47 It looks at our impacts on the central Florida area, and
09:49:51 further north as people try to move out of the state.
09:49:54 We hope they don't do that.
09:49:55 We tell people more tens of miles, not hundreds of miles, so
09:50:03 in trying to capture that, in trying to give you the amount
09:50:05 of time it's going to take, the lead time, so that you can
09:50:09 take evacuation orders that is our goal.
09:50:13 The regional surprise, for evacuation level A, which is
09:50:20 similar to category is we are looking at 15, 16 hours.
09:50:24 That's about what it would expect.
09:50:29 For evacuation level C which is like a category 3, which I
09:50:33 believe is what Irene is now, we would be looking at 24-36
09:50:41 And for the mainly storms, well, that's the bad news.
09:50:44 55 to 60 hours to clear the region.
09:50:48 And to get people to their points of safety.
09:50:51 That's why it's so important that we tell people, find
09:50:54 friends on high ground, you know, put those plywood shutters
09:50:58 up and hunker down, because as a lot of folks found out,
09:51:02 they evacuated to Orlando during 2004 in hurricane Charley,
09:51:06 and Charley went right over on top of them.
09:51:09 Florida is a relatively narrow state and it hard to run from
09:51:13 a hurricane.
09:51:14 But you get to a point of safety, you will be fine.
09:51:19 We do have a new tool called "time" which is transportation
09:51:24 interface modeling evacuations, which but this helps us look
09:51:32 at the evacuation components.
09:51:34 So we will all be using that within the next few weeks.
09:51:38 We can run additional scenarios, if we need to make
09:51:42 different assumptions about maybe phasing in evacuation.
09:51:45 Moving people from the coastline first.
09:51:47 There are other different options that we can use, that we
09:51:50 can model and see what the impacts will be.
09:51:53 There are implications for growth management from the
09:51:55 regional evacuation study, primarily the evacuation study
09:51:59 identifies the coastal high hazard area.
09:52:02 It also identifies the hurricane vulnerability zone which is
09:52:06 your category 3 zone, evacuation plans are also mentioned in
09:52:12 the planning as well as shelter capacity and shelter
09:52:17 If you need more information, here is my e-mail address.
09:52:20 I will be happy to answer any questions now.
09:52:22 >> One question.
09:52:33 Do you all have a speaker's bureau or anything like that to
09:52:36 present to groups about storm surges and the other factors?
09:52:39 >> Well, that would be me.
09:52:41 No, actually, we have a couple other folks at the region
09:52:46 that work with me on my team 4 emergency management,
09:52:49 regional domestic security, as well as hazardous materials,
09:52:58 also for environmental issues and those kind of things.
09:53:00 But we work very carefully with the county and the city.
09:53:03 You have an emergency management program here in the city
09:53:07 and I'm sure they would also be willing to go and talk to
09:53:11 civic groups.
09:53:12 >> I'm thinking of primarily businesses that are out there
09:53:14 that want to learn more about the storm surge modeling.
09:53:18 I'll send you an e-mail and we can get together and talk
09:53:20 about it.
09:53:21 >> That would be wonderful, yes.
09:53:22 Thank you.
09:53:25 >>YVONNE CAPIN: I just want to thank you for come, taking
09:53:27 your time and bringing this information to us and to the
09:53:32 public in general.
09:53:32 So thank you.
09:53:33 And I will follow up, also, with looking into having maybe
09:53:40 you present this to different groups.
09:53:43 >> Okay.
09:53:45 Thank you very much for the opportunity.
09:53:45 >>MARY MULHERN: Councilwoman Montelione.
09:53:48 >>LISA MONTELIONE: Again, thank you so much.
09:53:51 This is a subject that I particularly have been looking into
09:53:54 recently, and I was glad that Councilwoman Capin brought you
09:53:59 here today to discuss this.
09:54:01 I think it's fabulous that we are all working together,
09:54:03 because as we have seen in other parts of the country, when
09:54:07 a natural disaster happens, it's the entire region that's
09:54:10 affected, and needing to pull together to recover after the
09:54:15 storm, and in particular I am interested in one of the -- or
09:54:21 the last slide about the growth management implications,
09:54:24 because although we don't think about it when we make these
09:54:27 decisions on zoning and building ordinances, there's a great
09:54:33 implication for storm hardening.
09:54:35 And what we do now, and the buildings we build today, have
09:54:38 to last into the future, and when we are looking at
09:54:42 increasing severity of weather, whether it's named storms or
09:54:48 not, some of the most damage comes from storms that are not
09:54:50 named, because they take people by surprise.
09:54:54 But this particular information, we are going to be calling
09:55:00 on you to provide for those types of decisions as they come
09:55:03 before council, and perhaps doing another workshop on how we
09:55:06 can plan now for tomorrow.
09:55:10 Thank you.
09:55:10 >>MARY MULHERN: Thank you, Betty.
09:55:16 Betty does an incredible job for this region.
09:55:20 I have been on the Regional Planning Council for a few
09:55:22 years, and I realize that we do have somebody who is
09:55:27 planning for all these disasters.
09:55:30 And you guys do a great job.
09:55:32 >> Well, thank you very much.
09:55:34 I sincerely appreciate it.
09:55:36 But it's a team effort at the county and the city level.
09:55:38 >>MARY MULHERN: Thanks a lot.
09:55:45 Are there any requests by the public for reconsideration of
09:55:48 legislative matters?
09:55:52 Seeing none, we will move on to our committee reports.
09:56:01 Councilman Reddick, could you read number 3?
09:56:04 We have one ordinance for first reading.
09:56:06 >>FRANK REDDICK: Yes.
09:56:08 Move an ordinance by the City of Tampa renaming and
09:56:11 designating several private streets within the University of
09:56:14 Tampa campus, north of West Kennedy Boulevard, east of North
09:56:18 Boulevard, west of Hillsborough River, south of west Cass
09:56:22 Street in the city of Tampa, Florida herein further
09:56:24 mentioned and described, providing for repeal of all
09:56:27 ordinances in conflict, providing for severability,
09:56:29 providing an effective date.
09:56:29 >> Second.
09:56:33 >>MARY MULHERN: Motion made by Councilman Reddick, seconded
09:56:36 by Councilman Suarez.
09:56:38 All in favor?
09:56:39 Anyone opposed?
09:56:40 >>THE CLERK: Motion carried with Miranda being absent.
09:56:42 Second reading of the ordinance will be held September 22nd
09:56:45 at 9:30 a.m.
09:56:46 >>MARY MULHERN: We move on to our committee reports, public
09:56:51 Councilman Reddick.
09:56:52 >>FRANK REDDICK: Thank you, move item 4 through 11: All in
09:57:01 And we will go to parks and recreation, Councilman Cohen
09:57:07 works you move those items?
09:57:09 >>HARRY COHEN: Move items 12 through 20.
09:57:14 >>YVONNE CAPIN: Second.
09:57:14 >>MARY MULHERN: All in favor are? Anyone opposed?
09:57:20 Our Public Works Committee, Councilman Suarez.
09:57:22 >>MIKE SUAREZ: I move 21 through 33.
09:57:25 >> Second.
09:57:26 >>MARY MULHERN: All in favor?
09:57:31 Anyone opposed?
09:57:32 And Finance Committee.
09:57:38 >>HARRY COHEN: Move 34 through 39.
09:57:41 >>FRANK REDDICK: Second.
09:57:43 >>MARY MULHERN: All in favor?
09:57:46 Anyone opposed?
09:57:50 Building and zoning.
09:57:52 Councilman Montelione.
09:57:54 >> I move items number 40 through 64 with the exception of
09:57:59 item 60 which has been removed by request of Vince Pardo.
09:58:03 >> Second.
09:58:04 >>MARY MULHERN: All in favor?
09:58:12 I would like to, on that one, highlight number 60 -- not
09:58:17 number 60.
09:58:18 I'm sorry.
09:58:18 Number 59.
09:58:26 This was HUD funding we got for our high-speed rail
09:58:30 planning, and we are hoping and planning to use that for
09:58:33 some master planning for downtown, in that general area, so
09:58:41 hopefully we will still be able to keep that.
09:58:47 And transportation committee, Councilwoman Capin.
09:58:52 >>YVONNE CAPIN: I move items 65 through 69.
09:58:57 >>FRANK REDDICK: Second.
09:58:59 >>MARY MULHERN: All in favor?
09:59:01 Anyone opposed?
09:59:02 And Councilman Cohen, could you move the items being set for
09:59:10 public hearing?
09:59:11 >>HARRY COHEN: I move item number 70, resolution setting an
09:59:15 adoption public hearing October 6, 20 is 1 at 10 a.m.
09:59:19 relating to a rezoning to the property located at 3310 west
09:59:24 Lykes Avenue in the city of Tampa, Florida as more
09:59:27 particularly described in section 2 below, providing for
09:59:30 notification procedures, providing an effective date.
09:59:31 >>MARY MULHERN: Motion made by Councilman Cohen, seconded
09:59:39 by Councilwoman Capin.
09:59:41 All in favor?
09:59:41 Anyone opposed?
09:59:43 We will move to our 9:30 public hearings.
09:59:46 >> There is nothing to my understanding to be received and
10:00:00 filed today.
10:00:00 Obviously, the non-quasi-judicials require witnesses to be
10:00:06 That would be 71 and 72.
10:00:08 The remaining are quasi-judicial.
10:00:11 >>MARY MULHERN: Thank you.
10:00:15 Councilman Suarez.
10:00:18 We need to open the public hearing.
10:00:21 >>MARTIN SHELBY: If you can open --
10:00:23 >> So moved.
10:00:24 >> Second.
10:00:24 >>MARY MULHERN: Councilman Suarez, item number 7 is.
10:00:28 >> I move an ordinance for second reading and adoption, an
10:00:32 ordinance in the city of Tampa, Florida amending Tampa code
10:00:35 section 14-112, to omit any reference to firearms in
10:00:47 deference to the preemption requirements of new state
10:00:52 legislation and providing an effective date.
10:00:53 >> Second.
10:00:54 >>MARY MULHERN: Is there anyone from the audience to speak?
10:00:58 >> Motion to close.
10:00:59 >> Second.
10:01:00 >>MARY MULHERN: All in favor of the motion made by
10:01:02 Councilman Suarez, seconded by --
10:01:07 >>THE CLERK: Vote and record.
10:01:08 >>MARY MULHERN: Okay, vote and record.
10:01:11 Seconded by Councilman Reddick.
10:01:13 >>THE CLERK: Motion carried with Miranda being absent.
10:01:32 >>MARY MULHERN: Item number 71.
10:01:35 Can we have a motion to open the public hearing?
10:01:37 72, sorry.
10:01:38 >>FRANK REDDICK: So moved to open 72.
10:01:41 >> Second.
10:01:41 >>MARY MULHERN: All in favor?
10:01:42 Anyone opposed?
10:01:44 Is there anyone from the public who wishes to speak on item
10:01:47 number 72?
10:01:53 >> Pete Johnson, 6113 Margo drive, Tampa, Florida.
10:02:01 I totally support 72.
10:02:03 It's about time we started passing legislation so we can
10:02:06 collect some of the moneys that are due the city for
10:02:08 abatements and enforcing the codes.
10:02:11 Thank you.
10:02:11 >>MARY MULHERN: Thank you.
10:02:15 Councilwoman Capin, item number 72.
10:02:18 >> Move an ordinance --
10:02:23 >>THE CLERK: You need to close the public hearing.
10:02:24 >> Second.
10:02:26 >> So moved.
10:02:27 >> An ordinance of the City of Tampa, Florida making
10:02:31 revisions total City of Tampa code of ordinances, chapter
10:02:34 19, property maintenance and structural standard, amending
10:02:37 division 1 general provisions, administrative authority,
10:02:41 definitions, amending division 3, property maintenance,
10:02:45 regulations, amending division 6, public nuisance abatement
10:02:49 program, amending division 7, fee authority and types,
10:02:53 special assessment, repealing all ordinances or parts of
10:02:57 ordinances in conflict therewith, providing for
10:03:02 severability, providing an effective date.
10:03:03 >> Second.
10:03:05 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded
10:03:07 by councilman Suarez.
10:03:11 Please vote and record.
10:03:11 >>THE CLERK: Motion carried with Miranda being absent.
10:03:18 >>MARY MULHERN: We are going to move on to our continued
10:03:25 public hearings and second readings.
10:03:36 >> Move to open 73 and 74.
10:03:39 >>MARY MULHERN: I think we could include up to item 80.
10:03:42 >> Move 73 through 80.
10:03:46 >> Second.
10:03:47 >>MARY MULHERN: All in favor?
10:03:49 Item number 73.
10:03:50 >>THE CLERK: You need to swear in the witnesses.
10:03:55 >>MARY MULHERN: Oh, yes.
10:03:57 If anyone wishes to speak on any item from number 73 through
10:04:00 item number 80, please stand and be sworn in at this time.
10:04:03 (Oath administered by Clerk)
10:04:15 >>MARY MULHERN: Item number 73.
10:04:17 Does anyone wish to speak on this?
10:04:19 >> Josephs, land develop.
10:04:21 Item 73, 74, 78, 79, 80.
10:04:27 Site plans have been certified with the clerk's office.
10:04:30 I'm here for any comments.
10:04:31 >>MARY MULHERN: Thank you.
10:04:34 Does anyone else wish to speak on item number 73?
10:04:39 Motion to close.
10:04:39 >> Motion to close.
10:04:41 >>MARY MULHERN: All in favor?
10:04:44 Councilman Reddick, can you read number 73?
10:04:48 >> Move an ordinance being presented for second reading and
10:04:51 adoption, an ordinance approving a special use permit S-2
10:04:54 approving a place of religious assembly in an RS-50th
10:04:58 residential single-family zoning district in the general
10:05:00 vicinity of 3805 east Hanna Avenue and 3716, 3717, 3718,
10:05:07 3719, and 3721 east Paris street in the city of Tampa,
10:05:12 Florida as more particularly described in section 1 hereof
10:05:15 providing an effective date.
10:05:15 >> Second.
10:05:17 >>MARY MULHERN: Motion made by Councilman Reddick, seconded
10:05:20 by Councilman Suarez.
10:05:21 All in favor?
10:05:23 Please vote and record.
10:05:24 >>THE CLERK: Motion carried.
10:05:37 >>MARY MULHERN: Item number 74.
10:05:39 Is there anyone from the public who wishes to speak on item
10:05:42 number 74?
10:05:47 Seeing no one, can we have a motion to close?
10:05:50 >>MIKE SUAREZ: Motion to close.
10:05:52 >>HARRY COHEN: Second.
10:05:52 >>MARY MULHERN: All in favor?
10:05:54 Councilman Cohen?
10:05:57 >>HARRY COHEN: Move an ordinance for second reading and
10:05:59 adoption, an ordinance rezoning property in the general
10:06:01 vicinity of 1208 west Linebaugh Avenue in the city of Tampa,
10:06:05 Florida and more particularly described in section 1 from
10:06:08 zoning district classification RS oh 50 residential
10:06:12 single-family to PD planned development, office medical and
10:06:15 business professional, retail and specialty retail,
10:06:18 providing an effective date.
10:06:18 >> Second.
10:06:21 >>MARY MULHERN: Mass by Councilman Cohen, seconded by
10:06:24 councilman Suarez.
10:06:26 Please vote and record.
10:06:26 >>THE CLERK: Motion carried with Capin and Miranda being
10:06:35 >>MARY MULHERN: Item number 75.
10:06:44 Does anyone wish to speak on item number 75?
10:06:50 Seeing no one, can we have a motion to close?
10:06:52 >> Motion to close.
10:06:54 >>FRANK REDDICK: Second.
10:06:54 >>MARY MULHERN: All in favor?
10:06:56 Councilwoman Montelione, item number 75.
10:06:58 >> I move an ordinance for second adoption on City of Tampa
10:07:06 designating property known as Oak Lawn cemetery, 606 east
10:07:12 Harrison street, Tampa, Florida as a local landmark.
10:07:14 >> Second.
10:07:16 >>MARTIN SHELBY: And the second part.
10:07:24 >>LISA MONTELIONE: Oh, I got new glasses.
10:07:26 I thought it would help.
10:07:28 Ordinance being presented for second reading and adoption.
10:07:31 An ordinance of the city of Tampa, Florida designating oak
10:07:33 hill and St. Louis cemetery, 606 east Harrison street,
10:07:38 Tampa, Florida as more particularly described in ex-section
10:07:40 3 hereof as a local landmark providing for repeal of all
10:07:45 ordinances in conflict, providing for severability,
10:07:48 providing an effective date.
10:07:48 >> Second.
10:07:51 >>MARY MULHERN: Motion made by Councilwoman Montelione,
10:07:54 seconded by Councilman Suarez.
10:07:55 Please vote and record.
10:07:56 >>THE CLERK: Motion carried with Miranda being absent.
10:08:08 >>MARY MULHERN: Item number 76.
10:08:13 Is there anyone who wishes to speak on item number 76?
10:08:20 Seeing no one, request we have a motion to close?
10:08:22 >> Motion to close.
10:08:23 >> Second.
10:08:23 >>MARY MULHERN: All in favor?
10:08:26 Councilman Suarez, item number 76.
10:08:29 >>MIKE SUAREZ: I move an ordinance for second reading and
10:08:34 adoption, vacating, closing, discontinuing, abandoning a
10:08:37 certain right-of-way all that portion of alleyway a lying
10:08:40 south of 8th Avenue, north of 7th Avenue, east of
10:08:43 Hendry street, and west of 39th street in whitesburg
10:08:49 subdivision, a subdivision in the City of Tampa,
10:08:50 Hillsborough County Florida the same being more fully
10:08:53 described in section 2 hereof subject to certain easements,
10:08:56 covenants and conditions and restrictions as more
10:08:59 particularly described herein, providing an effective date.
10:09:00 >>MARY MULHERN: Seconded by Councilman Cohen.
10:09:03 Please vote and record.
10:09:04 >>THE CLERK: Motion carried with Miranda being absent.
10:09:15 >>MARY MULHERN: Item number 77.
10:09:20 Is there anyone who wishes to speak on item number 77?
10:09:27 Can we have a motion to close?
10:09:30 >>MIKE SUAREZ: Motion to close.
10:09:31 >>HARRY COHEN: Second.
10:09:32 >>MARY MULHERN: All in favor?
10:09:33 Councilwoman Capin, could you read item 77?
10:09:36 >> An ordinance being presented for second reading and
10:09:38 adoption, an ordinance approving a historic preservation
10:09:41 property tax exemption application relative to the
10:09:44 restoration, renovation or rehabilitation of certain
10:09:48 property owned by Roger M. Rixom and Joan Rixom located at
10:09:55 2315 east 5th Avenue, Tampa, Florida in the Ybor City
10:09:58 historic district, based upon certain findings, providing
10:10:01 for notice of the property appraiser of Hillsborough County,
10:10:05 providing for severability, providing for repeal of all
10:10:08 ordinances in conflict, providing an effective date.
10:10:10 >> Second.
10:10:13 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded
10:10:16 by Councilman Reddick.
10:10:18 Please vote and record.
10:10:18 >> Motion carried with Miranda being absent.
10:10:28 >> Item number 78.
10:10:34 Does anyone from the public wish tore speak on item number
10:10:37 >> Move to close.
10:10:40 >> Second.
10:10:41 >>MARY MULHERN: All in favor?
10:10:43 Councilman Reddick, could you read item number 78?
10:10:46 >>FRANK REDDICK: Move an ordinance being presented for
10:10:48 second reading and adoption, an ordinance approving a
10:10:51 special use permit S-2 for alcoholic beverage sales, small
10:10:55 venue and making lawful the sale of beer and wine package
10:10:58 sales off premises consumption at or from that certain lot,
10:11:02 plot or tract of land located at 3225 South MacDill Avenue,
10:11:06 unit number 117, Tampa, Florida as more particularly
10:11:10 described in section 2 hereof providing for repeal of all
10:11:14 ordinances in conflict, providing an effective date.
10:11:16 >> Second.
10:11:18 >>MARY MULHERN: Motion made by Councilman Reddick, seconded
10:11:20 by Councilman Suarez.
10:11:22 Please vote and record.
10:11:22 >>THE CLERK: Motion carried with Miranda being absent.
10:11:32 >>MARY MULHERN: Item number 79.
10:11:36 Does anyone wish to speak on item number 9?
10:11:40 Please come forward.
10:11:40 >> Am I supposed to tell you who I am?
10:11:51 >> Name and address.
10:11:52 >> Thank you for allowing me to speak.
10:11:56 My name is Toni Thompson, 5003 west Spring Lake drive in
10:12:04 I come as a private citizen representing opinions of several
10:12:09 homeowners and residents of Bel-Mar shores about this issue
10:12:15 and most have some questions.
10:12:17 We are talking about a liquor license.
10:12:20 Is this only for closed containers?
10:12:27 Off premises consumption?
10:12:28 >>MARY MULHERN: Why don't you list your questions?
10:12:31 >> Okay.
10:12:31 We would like to know at what point, if the person wants to
10:12:37 sell the business or move, does the license then stay with
10:12:41 the owner of the company, with the company, or with the
10:12:44 address on Westshore?
10:12:47 We would like to know about the precedent.
10:12:51 Are we setting a precedent by changing the law from 1,000
10:12:54 feet to sew feet?
10:12:57 And the owner has agreed to close at 12:00 midnight.
10:13:04 How can we make sure that this is maintained?
10:13:08 And we have a question, if it is closed container and they
10:13:13 have to consume off premises, the owner has agreed to do
10:13:18 some wine tasting for charity events.
10:13:20 We would like to know that we can still do this because
10:13:25 that's a great idea.
10:13:28 And we would like to know if this is setting a precedent to
10:13:32 have a number of agencies serving alcohol along our
10:13:38 neighborhood area in Westshore or if this is a one-time,
10:13:42 because I think everyone -- many people -- I can't say
10:13:45 everyone, but many of our residents in Bel-Mar shores really
10:13:50 believe in having local businesses, small businesses, and we
10:13:52 want to conserve that in our neighborhood.
10:13:54 We feel very strongly about buying locally, supporting our
10:13:58 local people, and, you know, we have fresh market, little
10:14:04 cleaners, we have little agencies that are local.
10:14:06 >>MARY MULHERN: Okay.
10:14:10 We are going to hear from the petitioner, and then staff --
10:14:18 or we'll get your questions answered.
10:14:21 Were there any questions from council for Ms. Thompson?
10:14:25 >>LISA MONTELIONE: No.
10:14:25 I was going to address some of the questions.
10:14:27 Good morning, Ms. Thompson.
10:14:29 Thank you for coming down.
10:14:29 But I think staff will address those when they come up to
10:14:32 the podium.
10:14:32 >> And excuse me, I have never done this before.
10:14:38 >>MIKE SUAREZ: You did fine.
10:14:40 >>MARY MULHERN: The beeper didn't even go off.
10:14:46 [ Laughter ]
10:14:47 >> Good morning.
10:14:50 Anne Pollack with Mechanik Nuccio, 305 South Boulevard
10:14:54 representing petitioner.
10:14:55 I can answer some of the questions, too.
10:14:57 It is for offpremises consumption.
10:15:01 >>MARY MULHERN: Let me just make sure there's in a one else
10:15:03 who wishes to speak before you.
10:15:04 Is there anyone else who wishes to speak on this?
10:15:10 Thank you.
10:15:11 Sorry to interrupt.
10:15:11 I didn't want you to have to speak twice.
10:15:13 >> Sure.
10:15:14 It is for offpremises consumption only so the code does
10:15:17 allow wine tastings.
10:15:19 So that's how we would have that allowed to occur.
10:15:24 And Mr. Niem does want to work with the community and as a
10:15:30 small business come necessity does want to be part of that
10:15:32 community, both residential and the commercial.
10:15:38 You know, staff 6:00 address this, too.
10:15:41 But by your approval this, kind of talking to her, but by
10:15:46 you approving this, you are just approving the single
10:15:49 You are not setting a precedent in the neighborhood if a new
10:15:53 business wanted to come in and request their own alcohol
10:15:57 approval, they would have to come before you and you would
10:16:00 have to make separate decisions on that approval.
10:16:03 And that goes for the distance from other businesses as
10:16:09 So we would respectfully request that you approve those on
10:16:12 second reading.
10:16:13 Thank you.
10:16:13 >>MIKE SUAREZ: Mrs. Pollack, correct me if I am wrong, but
10:16:19 isn't this the location that has the landlord's mother
10:16:22 living above the location?
10:16:24 >> That's correct.
10:16:26 She's 93.
10:16:27 >>MIKE SUAREZ: It 36789 and Ms. Thompson, I wanted to make
10:16:30 sure you understood that.
10:16:32 That's part of the reason it's not going to go past
10:16:34 midnight, because apparently the mom is quite the dynamo.
10:16:38 So I don't think you are going to have a problem with time.
10:16:42 So I wanted to make sure you knew that.
10:16:43 >> In fact, I think last week expressed the opinion that
10:16:48 when they were looking for a new tenant to come in, a number
10:16:51 did that they thought would not be appropriate for the area
10:16:57 and for the fact that they had, you know, the mother living
10:17:01 there, and so they decided they thought this would be a good
10:17:05 business and would meet all those needs.
10:17:07 >>MIKE SUAREZ: Thank you, Mrs. Paul I can.
10:17:10 >> Pollack.
10:17:14 >>YVONNE CAPIN: I am going to address the midnight closing
10:17:17 Again, I live in Bel-Mar shores, in that area.
10:17:22 And what the citizens can do is if it is open past the
10:17:30 midnight hours, you can let the city know, and that will be
10:17:34 So if you will please address the hours of operation.
10:17:38 >> The hours of operation will be 10 a.m. to midnight and
10:17:45 then to midnight.
10:17:57 There's no guarantee he will be open that late but it will
10:18:00 give a little flexibility.
10:18:01 >>MARTIN SHELBY: This is not really a license for alcohol.
10:18:06 This is a zoning matter.
10:18:09 So if you wish to address the fact, or we can ask staff to
10:18:13 address the fact that it goes to the address and not the
10:18:16 business owner per se.
10:18:18 >> Correct.
10:18:19 It goes to the address.
10:18:20 But it also goes specifically to the location that we have
10:18:23 gotten approved.
10:18:24 So if anything like that were to change, then somebody would
10:18:27 have to come in for a revised approval on that.
10:18:30 And this is just for the zoning.
10:18:33 They have to go and they get a state license for the alcohol
10:18:36 approval as well.
10:18:37 >>MARY MULHERN: And the hours stay with the application.
10:18:46 >> Correct.
10:18:48 With a new business owner in the same location doing the
10:18:50 same business, they would still have to meet those same
10:18:53 hours of operation.
10:18:53 >>MARY MULHERN: Thank you.
10:18:56 Councilwoman Montelione.
10:18:57 >>LISA MONTELIONE: That's one of the things I was going to
10:19:01 address to respond to Ms. Thompson, was there's a difference
10:19:04 between a liquor license and the zoning on the property.
10:19:06 So that's what Ms. Pollack was attempting to qualify as well
10:19:12 as Mr. Shelby, that the liquor license is with the business
10:19:16 but zoning stays with the land and the address, and anything
10:19:19 that changes in the zoning would have to come back before
10:19:22 us, and as far as setting a precedent, just to reiterate,
10:19:27 each of these cases is examined individually on a
10:19:30 case-by-case basis, and staff report always includes what
10:19:35 the distance is from other establishments, so that council
10:19:39 can make a decision based on the information provided in the
10:19:42 staff report, and the impact to the neighborhood or the
10:19:47 character of the street is being compromised.
10:19:48 >> Motion to close?
10:19:56 >>MARY MULHERN: I think that council did an excellent job
10:19:58 of answering all of these legal questions.
10:20:05 I think we can close the public hearing.
10:20:07 All in favor?
10:20:16 All in favor?
10:20:20 I don't remember whose turn it is.
10:20:22 Councilman Cohen, please read this.
10:20:24 >> I move an ordinance being presented for second reading
10:20:28 and adoption, an ordinance approving a special use permit
10:20:31 S-2 for alcoholic beverage sales, small venue, and making
10:20:36 lawful the sale of beer, wine and liquor, package
10:20:39 sales/offpremises consumption at or from that certain lot,
10:20:43 plot or tract of land located at 3658 South Westshore
10:20:47 Boulevard, Tampa, Florida, as more particularly described in
10:20:50 section 2 hereof, providing for repeal of all ordinances in
10:20:54 conflict, providing an effective date.
10:20:55 >> Second.
10:20:58 >>MARY MULHERN: Seconded by Councilman Suarez.
10:21:00 Please vote and record.
10:21:01 >>THE CLERK: Motion carried with Miranda being absent.
10:21:11 >>MARY MULHERN: Item number 80.
10:21:16 Does anyone wish to speak on item number 80?
10:21:31 I think those were the people for item number 79.
10:21:34 >> Move to close.
10:21:35 >> Second.
10:21:36 >>MARY MULHERN: All in favor?
10:21:38 Councilwoman Montelione, could you read number 80, please?
10:21:41 >>LISA MONTELIONE: I present an ordinance for second
10:21:44 reading and adoption.
10:21:46 Ordinance rezoning the property in the general vicinity of
10:21:50 2712 West Virginia Avenue in the city of Tampa, Florida and
10:21:52 more particularly described in section 1 from zoning
10:21:56 district classification RS-50 residential single-family to
10:22:00 RO residential office, business, office, professional,
10:22:04 providing an effective date.
10:22:04 >>MIKE SUAREZ: Second.
10:22:10 >>MARY MULHERN: Motion made by Councilwoman Montelione,
10:22:13 seconded by Councilman Suarez.
10:22:15 Please vote and record.
10:22:15 >>THE CLERK: Motion carried with Capin and Miranda being
10:22:30 >>MARY MULHERN: We move onto our public hearings for
10:22:37 non-quasi-judicial proceedings.
10:22:41 I have a motion to open item number 81.
10:22:44 >> So moved.
10:22:47 >>MARY MULHERN: All in favor?
10:22:56 Is there anyone from the public who wishes to speak?
10:23:00 We need to open these.
10:23:01 >>MARTIN SHELBY: Open them individually.
10:23:06 >>LISA MONTELIONE: This is the item that the gentleman who
10:23:10 spoke at the beginning of the meeting was interested in
10:23:12 speaking on.
10:23:13 So I just wanted to note that he's the gentleman who spoke
10:23:16 with Mr. Territo about this particular item.
10:23:19 >>MARY MULHERN: The stormwater assessment.
10:23:24 And is he still here?
10:23:26 >>LISA MONTELIONE: No, he's not.
10:23:27 He had to leave and go to work.
10:23:29 >> Good morning, Madam Chair, council members.
10:23:32 Jan McLean, assistant city attorney.
10:23:34 I was just speaking with Mr. Territo and he was advising me
10:23:38 of the gentleman that was here and had to leave with regard
10:23:40 to his interest in his assessment.
10:23:42 We can contact him, or he's been given my contact
10:23:47 This does not preclude us working with him to find out what
10:23:50 his concerns are with regard to the notice.
10:23:54 This hearing is to adopt the roll and certify the rollover
10:24:00 to the tax collector so we can continue with stormwater
10:24:03 That does not preclude us working with the gentleman and
10:24:07 finding out what his issues are.
10:24:08 So I will follow up with that for sure.
10:24:10 >>MARY MULHERN: So you will be able to adjust his bill if
10:24:16 >> I'll find out what his issues are, you know, if there is
10:24:21 some error or omission or something that we can work with.
10:24:24 If he has some demonstration that he shouldn't be subject to
10:24:27 the assessment, the adoption of the roll does not preclude
10:24:30 us from working with him.
10:24:32 >>MARY MULHERN: Thank you.
10:24:34 Any questions?
10:24:38 Councilwoman Capin, could you make the resolutions? You
10:24:42 don't have to read it.
10:24:44 >>YVONNE CAPIN: So moved.
10:24:45 >>FRANK REDDICK: Second.
10:24:46 >>MARY MULHERN: All in favor?
10:24:50 And now we need a motion to close the public hearing.
10:24:52 >>LISA MONTELIONE: Before we close, I have one comment,
10:24:55 something Mrs. McLean and I talked about, is that what might
10:25:00 help next year is to look into -- let me back up.
10:25:06 Each time an assessment is being put forth, if there is a
10:25:11 property owner who has a change to their particular
10:25:17 property's assessment, a letter goes out.
10:25:20 It's usually something that they have constructed on the
10:25:24 site or additional impervious surface that they put on the
10:25:27 site which causes an adjustment to their particular bill.
10:25:32 It's not a rate change or anything like that but they get an
10:25:35 individual letter.
10:25:36 And what might make it more distinctive for each of those
10:25:42 property owners to see how much their assessment will be, it
10:25:48 will help.
10:25:48 I think the legal department and stormwater, public works,
10:25:52 did not field as many questions when people get these
10:25:55 letters in the mail, because generally speaking, the
10:25:57 assessments, you know, are 30-some cents or a dollar and
10:26:03 change, and it causes a lot more staff time value to answer
10:26:11 those questions than to just put it on the letter when the
10:26:14 letter goes out.
10:26:14 >> Jan McLean of the city attorney's office: I already made
10:26:21 inquiry into the stormwater department.
10:26:25 We are going to see if we can make the notice a little more
10:26:27 informational and user friendly so that they have that.
10:26:30 >>LISA MONTELIONE: Thank you.
10:26:33 That will save us a lot of staff time.
10:26:35 >>MARY MULHERN: All in favor of closing the public hearing?
10:26:40 Item number 82.
10:26:43 Need a motion to open.
10:26:45 >>MIKE SUAREZ: Motion to open.
10:26:47 >>HARRY COHEN: Second.
10:26:49 >> Does anyone -- oh, I'm sorry.
10:26:51 All in favor?
10:26:52 Is there anyone from the public who wishes to speak on item
10:26:55 number 82?
10:26:56 >> My name is Richard Davis, 220 east Madison street.
10:27:03 I'm chairman of the Tampa downtown partnership special
10:27:06 services district committee, and it dawned on me as I was
10:27:10 coming over this morning that I have been chairman for going
10:27:12 on approximately 17 years.
10:27:15 I mention that point singularly for the fact that we have
10:27:18 enjoyed every one of those years.
10:27:20 The efforts that we have seen from the city to cooperate
10:27:23 with the partnership, to work with us and providing various
10:27:27 services in downtown Tampa.
10:27:29 I'm accompanied this morning by Ms. Burdick from the Tampa
10:27:34 downtown partnership as well as I want to extend our thanks
10:27:36 to Linda Raymond who is one of the key staff at the
10:27:40 partnership who works hard with folks at the city.
10:27:42 So we are hear this morning respectfully asking that you
10:27:45 approve our assessment for the upcome tax year, and
10:27:48 certainly are prepared to respond to any questions you may
10:27:50 Again, thank you all very, very much.
10:27:52 >>MARY MULHERN: Thank you.
10:28:00 Councilman Reddick, if you could just move.
10:28:03 Oh, I'm sorry, I didn't see you.
10:28:05 >> Steve Zientek, 6363 ninth Avenue north St. Petersburg,
10:28:11 real estate and planning for St. Petersburg.
10:28:14 We operate two facilities within the downtown assessment
10:28:19 St. Louis cemetery, Oak Lawn which you earlier today
10:28:23 designated as a local landmark, and sacred heart Catholic
10:28:27 I haven't had the opportunity to review the underlying
10:28:32 ordinances and enabling legislation and so forth.
10:28:35 So my questions, I really just have questions.
10:28:37 Namely, are nonprofit institutions such as ours and
10:28:43 especially our cemetery, which has very also activity on it,
10:28:46 are they treated the same as for-profit in this legislation?
10:28:51 Or do we have exemption -- are there processes for getting
10:28:55 exempt from the assessments especially in these kind of
10:29:00 circumstances like for the cemetery?
10:29:02 >>MARY MULHERN: Is that your only question?
10:29:04 >> That's the main question.
10:29:06 And depending on the answer to that I may have follow-up
10:29:09 >>MARY MULHERN: Okay.
10:29:16 >>SAL TERRITO: Legal department.
10:29:17 If they don't pay property tax -- a lot of people will be
10:29:20 getting notices.
10:29:21 They may not be subject to it.
10:29:24 But there's no tax on the property.
10:29:25 It's based on a multiplier of that amount, they will not be
10:29:30 >>MARY MULHERN: So they are exempt, they are not for
10:29:33 profit, so they should not --
10:29:37 >>SAL TERRITO: The key is if they don't pay a property tax,
10:29:39 if they are nonprofit, governmental entity, then they don't
10:29:44 pay assessment.
10:29:45 Even if they are nonprofit but they are subject to the tax
10:29:47 for some reason, then they would be pay the assessment.
10:29:50 >>MARY MULHERN: Does that answer your question?
10:29:51 >> That's satisfactory.
10:29:53 Thank you.
10:29:53 >>MARY MULHERN: Thank you.
10:29:54 Does anyone else wish to speak on item number 82?
10:29:57 >> Move resolution 82.
10:30:00 >> Second.
10:30:01 >>MARY MULHERN: Motion made by Councilman Reddick, seconded
10:30:04 by Councilman Suarez.
10:30:05 All in favor?
10:30:09 And if we can now have a motion to close number 82.
10:30:14 >> Moss -- motion to close.
10:30:16 >> Second.
10:30:16 >>MARY MULHERN: All in favor?
10:30:18 >> Move to open number 83.
10:30:25 >> All in favor?
10:30:29 And is there anyone who wishes tore speak on item number 83?
10:30:33 >> Westshore alliance, here just very briefly to ask for
10:30:36 your support for our special assessment, funds
10:30:40 transportation, marketing, and somebody security programs
10:30:43 for the Westshore area.
10:30:44 This year, as in previous years, there's been no changes to
10:30:48 the boundaries, no changes to the types of properties
10:30:50 assessed, we have a concentrated effort to get to the
10:30:57 property owners, mailings, and provided opportunity in a
10:31:01 And I ask for your support.
10:31:04 And for the record, turn in some letters of support.
10:31:07 And a notice of our workshop.
10:31:09 Thank you.
10:31:10 >>MARY MULHERN: Is there anyone else who wishes to speak on
10:31:15 item number 83?
10:31:17 >> Move to close.
10:31:22 >> Second.
10:31:23 >>MARY MULHERN: Councilman Cohen, if you could move the
10:31:25 substitute resolutions.
10:31:27 >>HARRY COHEN: Move the substitute resolution.
10:31:31 >>MIKE SUAREZ: Second.
10:31:33 >>MARY MULHERN: Seconded by Councilman Suarez.
10:31:35 All in favor?
10:31:37 >> Move to close.
10:31:39 >> Second.
10:31:39 >>MARY MULHERN: All in favor?
10:31:43 Anyone opposed?
10:31:44 >> Move to open item 84.
10:31:49 >>MARY MULHERN: All in favor?
10:31:57 I'm getting ahead of me now.
10:31:59 >>HARRY COHEN: Heeding your instructions.
10:32:08 >>MARY MULHERN: Yes.
10:32:09 Is there anyone who wishes Tosh speak on item number 84?
10:32:14 >>SAL TERRITO: This is the one that we discussed but we have
10:32:16 a problem with the notice.
10:32:17 I am going to request that you open the public hearing and
10:32:19 do not close it, ask if anyone here wants to speak on this
10:32:23 issue F.no one does, please ask you to continue it to a
10:32:27 special called meeting on September 8th before the CRA
10:32:30 meeting at 9:00 a.m.
10:32:32 >>MARY MULHERN: Thank you.
10:32:35 Is there anyone who wishes to speak on item number 84?
10:32:44 Seeing no one, can we have a motion to continue?
10:32:49 >>YVONNE CAPIN: So moved to September 8th at 9 a.m.
10:32:52 >>MARTIN SHELBY: Prior to the CRA, and that is being set as
10:32:58 a special called meeting.
10:33:01 >>YVONNE CAPIN: Prior to the CRA and as a special called
10:33:03 >>MARY MULHERN: Thank you.
10:33:04 Motion made by Councilwoman Capin, seconded by Councilman
10:33:08 All in favor?
10:33:19 Now we are at our 10:00 a.m.
10:33:23 A little bit behind here.
10:33:25 Staff reports
10:33:31 Item number 85.
10:33:32 >>CATHERINE COYLE: Land develop.
10:33:37 On the agenda, you do have the ordinance that covers the
10:33:40 basic parameters of the posting requirements for the
10:33:43 alcoholic beverage classifications.
10:33:47 We have been working internally looking at the
10:33:49 implementation of this, how this actually would roll out.
10:33:53 We have determined that there are three phases that we can
10:33:56 do this.
10:33:57 The first phase is going to require a slight amendment to
10:34:00 this ordinance which would be back within the next few
10:34:07 That amendment would make all special uses coming to the
10:34:10 process -- this is very loud, by the way -- special uses
10:34:13 come through the process to have the placard, the posting,
10:34:19 to be issued upon approval for the special use 2s and for
10:34:22 the special use 1s done administratively for alcoholic
10:34:24 beverage sales.
10:34:28 I am actually working on it right now with Ms. Kert getting
10:34:31 it through the process so this ordinance before you can be
10:34:34 The second phase would be approximately six months for us to
10:34:39 go back and do everything internally looking back to the
10:34:42 approvals back to April of 2008.
10:34:45 That is when there was the overhaul to the code, change from
10:34:48 chapter 3, wreath zoning to chapter 27, special uses.
10:34:52 Those are pretty readily available.
10:34:55 All of them do have site plans that were approved by City
10:34:57 We can get to those conditions pretty easily.
10:34:59 It should take us about six months to go through, document
10:35:03 on these placards would what these conditions are and be
10:35:06 able to issue them to the approval that were approved.
10:35:08 The third phase would be going back to 1999 which is the
10:35:11 last time there was a major overhaul to the code.
10:35:15 When it changed really from the legal department processing
10:35:18 these themselves to land development, along with a lot of
10:35:22 other changes in the code.
10:35:23 Going back to 1999 would take that additional six months of
10:35:28 us doing that research.
10:35:30 We have the majority of those ordinances readily available,
10:35:32 and we can work with the clerk's office pulling missing
10:35:36 Since 1999, we have also had a lot of places that have come
10:35:39 in for reapproval.
10:35:41 They have changed the conditions.
10:35:42 They have changed the type of alcohol that they have he have
10:35:44 had so we had rewet zonings or redoing the special use.
10:35:48 In looking at them just briefly, when I met with Ms. Capin
10:35:52 on this as well, there's over a thousand, probably up to
10:35:56 1500 of these approvals we are going to have to sift through
10:35:59 and make sure we get the placards right, because we are
10:36:02 issuing them we want to make sure that they are right, that
10:36:04 the information is correct that's going out.
10:36:06 We are looking at full enforcement within a year of this
10:36:12 And then case by case if someone doesn't have a placard
10:36:14 posted, it could be one that is decades old.
10:36:17 And the police department or code enforcement or fire
10:36:21 marshal that happens to be on-site as one of those locations
10:36:24 would document that, get it to us the next day and we would
10:36:27 be able to let them know is this a recent approval and
10:36:31 should they have a placard and they are just out of
10:36:33 compliance? Or is it an historical one that we need to
10:36:37 research and then move forward on that particular one?
10:36:39 So we are looking at come back towards the end of September.
10:36:42 I believe the 22nd was the next regular meeting, with the
10:36:46 first phase amendment which implements it in the special use
10:36:50 So every time you actually would approve the special use 2
10:36:52 for alcoholic beverage sales, or my office would approve a
10:36:56 special use 1, there would be a placard issued so you have
10:37:01 the ones going forward.
10:37:03 Then from that point on we are going to go back to 2008 and
10:37:06 start documenting those and issuing those placard.
10:37:09 The third phase is going back to 1999.
10:37:13 So, in effect, that would be asking to continue this to
10:37:15 September 22nd to bring back that corrected ordinance that
10:37:19 implements it immediately in the special use process.
10:37:22 >>MARY MULHERN: Councilwoman Capin.
10:37:26 >>YVONNE CAPIN: Thank you.
10:37:27 Prior to 1999, you explained that process.
10:37:32 But also would it include at that point a change of
10:37:37 ownership, if it came in to the property at that time, would
10:37:45 that then be looked at?
10:37:47 In other words, prior to 1999, besides police and code
10:37:52 enforcement investigating it, also changes in their zoning,
10:38:00 that would trigger -- what I'm asking is, would that trigger
10:38:04 also looking into their --
10:38:11 >>CATHERINE COYLE: Generally speaking if someone comes in
10:38:12 and there's change of ownership they do typically come to us
10:38:15 for a new sign of their state license and we do generally
10:38:19 look to see what those conditions were to make sure this new
10:38:21 person, what they want to do actually complies.
10:38:24 And I can work with Ms. Kert to make sure it's clear when
10:38:27 they come in for that, that a placard can be issued.
10:38:30 We want to get these placards out whenever someone came to
10:38:33 the city for some type of sign-off or approval so over time
10:38:37 virtually everyone out there would have the placard.
10:38:42 >>YVONNE CAPIN: And the placard is an 8 by 10 sheet of paper
10:38:44 with that, that will have these conditions posted, code
10:38:50 enforcement and law enforcement and fire asked for as far as
10:38:53 the placard with the owner posting it?
10:38:58 >> Correct.
10:39:00 An 8.5 by 11 sheet and we are looking to keep it more
10:39:04 standardized like for vendor placards, where there's a date
10:39:08 issued, and basic lines that show you the conditions.
10:39:12 So it's something we would be issuing.
10:39:14 It would look a little more formal.
10:39:16 It would be a sheet this size.
10:39:18 And we would be creating it.
10:39:19 >> It took a little bit of time but I think we are there.
10:39:27 >>REBECCA KERT: Legal department.
10:39:29 As to the issue of whether or not we can add requirements
10:39:33 when people come in for their state license.
10:39:37 I will look into that to see if there is away, but generally
10:39:39 the way state law works is we cannot tie additional
10:39:42 requirements into somebody getting their state license.
10:39:45 I didn't want to make any promises that we can't keep but I
10:39:47 will look to see if there's a way that we can make that
10:39:51 >>YVONNE CAPIN: I appreciate it.
10:39:52 >>MARY MULHERN: Any other questions from council?
10:39:55 >> Motion to continue.
10:40:02 >>YVONNE CAPIN: I would like to make a motion to continue to
10:40:03 September 22nd, regular City Council meeting.
10:40:09 Do we need --
10:40:10 >>MARTIN SHELBY: Under staff reports?
10:40:13 >>YVONNE CAPIN: Staff reports.
10:40:14 >>MIKE SUAREZ: Second.
10:40:16 >>MARY MULHERN: Seconded by Councilman Suarez.
10:40:18 All in favor?
10:40:18 >>MARTIN SHELBY: Could I have a clarification about that?
10:40:22 Ms. Coyle, I think -- is it your intention to bring back an
10:40:25 ordinance to City Council at that time?
10:40:28 >>CATHERINE COYLE: That's correct.
10:40:28 >>MARTIN SHELBY: Would you like to have that listed for
10:40:30 first reading?
10:40:32 >>CATHERINE COYLE: Yes, please.
10:40:32 >>MARTIN SHELBY: Thank you.
10:40:37 >>YVONNE CAPIN: Thank you.
10:40:42 >>MARY MULHERN: Item number 86.
10:40:49 >>MARTIN SHELBY: Items 86, 87 and 88 are merely resolutions
10:40:59 that ratify council's previous actions.
10:41:01 Council can as one motion move to pass the resolutions
10:41:04 contained in items 86, 87 and 88.
10:41:08 >> I move items 86 through 88.
10:41:10 >>HARRY COHEN: Second.
10:41:15 >>CHAIRMAN: Made by Councilman Suarez, seconded by
10:41:17 Councilman Suarez, to move 86, 87 and 88.
10:41:21 All in favor?
10:41:22 Anyone opposed?
10:41:23 Item number 89.
10:41:24 >> Bob McDonaugh, economic development.
10:41:35 You had some questions particular to the QTI process.
10:41:38 And this morning we want to give clarification of the
10:41:40 Florida statute pertaining to confidentiality where it
10:41:44 crosses QTIs.
10:41:46 We are learning now, Mrs. Rhea Law is kind enough to talk
10:41:53 about the process by contact from the client company to the
10:41:56 state and local communities, and then I am going to address
10:42:00 the internal City of Tampa process including some steps that
10:42:03 I am going to add to hopefully make the process more
10:42:07 acceptable to council.
10:42:08 So I would ask first Sal to speak to the confidentiality.
10:42:16 >>SAL TERRITO: Legal department.
10:42:17 As now, these QTIs come to us and they are designed to
10:42:21 entice businesses to come to the City of Tampa.
10:42:23 One of the things we try to do is to not let anybody else
10:42:26 know we have this enticement so we don't give their names
10:42:29 generally, because you don't want anybody else to know that
10:42:32 we are competing with them, and the statute does allow us to
10:42:34 keep those names confidential from the public until such
10:42:37 time as the award is granted or they go somewhere else.
10:42:42 But that's it in a nutshell.
10:42:44 You are allowed to keep those items for very obvious
10:42:47 reasons, you don't want anybody else to know that they are
10:42:49 competing because then they will come in with a better deal.
10:42:51 >>MIKE SUAREZ: Sal in, this circumstance based on what I
10:42:59 learned is that a reporter went to the business in question,
10:43:03 asked a question, they answered it, and it was -- was it
10:43:09 already after it had been awarded or before it was awarded?
10:43:13 >>SAL TERRITO: I don't know the answer to that.
10:43:14 >> when was the date of the award?
10:43:18 >>SAL TERRITO: I don't have the background.
10:43:19 I am just giving you what the statute does.
10:43:21 >>MIKE SUAREZ: The question I have for you, Sal, before you
10:43:24 go, when it is awarded and it has not been announced, let's
10:43:28 say they contacted the company and they are setting up
10:43:32 whatever their press release is going to be and we are going
10:43:35 to set up a press release, talk about this particular
10:43:38 business getting this incentive, where is the
10:43:43 confidentiality end?
10:43:45 Does it end at the moment they are told that they have been
10:43:49 awarded it?
10:43:50 Or when it becomes public?
10:43:51 How does that work?
10:43:52 >> I don't know the answer to that.
10:43:55 It seems to me generally, as soon as the award has been
10:43:58 granted -- okay.
10:44:01 >>MIKE SUAREZ: Well, she's a lawyer, too
10:44:07 [ Laughter ]
10:44:07 We have lots of lawyers every time we are here.
10:44:08 >> Rhea Law: Good morning, council members.
10:44:14 I would like to share with you some materials so I will just
10:44:18 pass this out to start with.
10:44:27 First, let me answer the question that you just asked.
10:44:29 And then if I could just give you some further background.
10:44:33 You know, the process of economic development is -- I'm
10:44:38 sorry, I'm Rhea Law with Fowler White and the chair of the
10:44:41 Tampa Hillsborough economic Development Corporation
10:44:46 I am here today to give you a little bit of an idea about
10:44:49 the process of economic development.
10:44:51 It is a very competitive process.
10:44:54 And sow so because of that our state statute has a provision
10:44:58 in it that says if a company wishes to take advantage of
10:45:03 confidentiality, it is the election of the company, not of
10:45:07 the EDC, not of the local government, it is the election of
10:45:10 the company.
10:45:12 And once they submit to us a request that their information
10:45:17 be held confidential understood chapter 288.075, then we are
10:45:24 required to hold it confidential for a period of a year, or
10:45:28 until they actually release information on their own, or
10:45:32 release us from that obligation.
10:45:36 So we, of course, must comply with state statute, and with
10:45:39 the request of the individuals that hopefully we are
10:45:42 bringing here to bring new jobs.
10:45:46 With that in mind, let me go back and give you a little
10:45:49 overview of the whole process, if I could.
10:45:51 >>MIKE SUAREZ: If I can follow up on the questions I had
10:45:55 You answered one of the questions I had.
10:45:56 The follow-up question I would have then, we know that we
10:46:00 did not say anything publicly and break the confidentiality
10:46:04 of the agreement.
10:46:05 The second part of this, after obviously the cat is out of
10:46:08 the back, someone has talked to a reporter, the question is
10:46:14 that he made a statement publicly about something that was a
10:46:19 difference between what we thought and what he said.
10:46:23 My question is, is there anything in the law concerning the
10:46:26 confidentiality or of the agreements that we make on these
10:46:30 QTIs that that automatically breaks the agreement?
10:46:33 Because he's made a statement that is not part of the
10:46:37 agreement that we had.
10:46:38 So that's really the nexus of my question.
10:46:42 It's not about any other things.
10:46:43 We pretty much know how this stuff works.
10:46:46 But this is kind of a curve ball and a monkey wrench into
10:46:50 the process.
10:46:50 So I wanted to kind of clear that up.
10:46:52 >> Absolutely.
10:46:54 The QTI process is a competitive and a performance based
10:47:01 And so when the local government and the state which comes
10:47:07 together, this is a joint initiative between the state and
10:47:09 local government, when they approve, they are not approving
10:47:12 the distribution of funds.
10:47:15 When they approve, they are approving the eligibility of
10:47:18 that company based upon meeting certain criteria which will
10:47:22 be in a written contract.
10:47:25 So sometime after all of the decisions are made, sometimes
10:47:29 after the contract is made, after taxes have been paid to
10:47:33 the local government, they then make application and there
10:47:40 will be criteria.
10:47:41 You must have X number of jobs.
10:47:43 You must have a certain wage.
10:47:44 There may be a requirement for capital investment.
10:47:46 At the time they ask for reimbursement of a portion of their
10:47:50 taxes, that's when you go back to them and say, are the jobs
10:47:56 Are the jobs at the wages that were promised?
10:47:59 Has the capital investment been made?
10:48:02 If the answer to those are yes, then a distribution can be
10:48:05 And keep in mind that not all of the distribution is made at
10:48:08 one time.
10:48:09 There can be no more than 25% per year.
10:48:11 >> I'm sorry, I have another follow-up.
10:48:16 Ms. Law, again we know the process.
10:48:19 What has happened is, because of the statement that was
10:48:24 made -- and let's even make it as a hypothetical, in the
10:48:27 same scenario.
10:48:29 Does that mean that we are still bound to the contract
10:48:33 because some of the conditions that we agreed to were not
10:48:37 met, meaning, he said, oh, those other jobs were not in
10:48:41 play, that being part of the contract, had it come, let's
10:48:47 say, three years later, that he had said it, could we have
10:48:50 then said, no, we are not going to give you those incentives
10:48:53 for your taxes?
10:48:56 Or I know they pulled out voluntarily.
10:48:58 Could we have broken the contract and said, wait a minute,
10:49:00 we negotiated in good faith and you are not showing good
10:49:03 faith because you are stating this was never a condition.
10:49:08 >> Yes.
10:49:09 This is a hypothetical question.
10:49:10 But the answer to the question is, there is a legal contract
10:49:14 and requirements that must be met.
10:49:15 And if they are not met, then the entire eligibility is not
10:49:24 met and therefore the distributions are not being made.
10:49:26 >>MIKE SUAREZ: Okay.
10:49:28 >>MARY MULHERN: Councilman Reddick.
10:49:35 >>FRANK REDDICK: Here is my problem, and the situation we
10:49:38 dealt with before.
10:49:42 We are elected by the people of the city.
10:49:49 You bring before this council a project that you want us to
10:49:53 vote on without us having knowledge of who these dollars are
10:50:01 going to and who this project represents.
10:50:03 All we know is it's supposed to bring economic development
10:50:08 to the city.
10:50:08 But we are accountable to the taxpayers of this city.
10:50:12 These are people that elect us.
10:50:13 These are people that want us to monitor the taxpayer
10:50:17 So you put us in a difficult situation.
10:50:22 And I don't know if that statute needs to be looked at,
10:50:28 whereas we as an elective body here would not be held
10:50:31 accountable because, personally, I don't know how the rest
10:50:36 of them feel, but I was embarrassed to hear about this, that
10:50:44 this decision is made, and then the reporter is reporting on
10:50:49 it and we had no knowledge or clue, because all we was told
10:50:53 we had to do it, it's not going through.
10:51:02 But we are supposed to protect the citizens.
10:51:05 And so my only concern is, do we need to look at the
10:51:11 statute, or have the legislative delegation in this city, to
10:51:18 look at the statute, and see how can we not be put in an
10:51:25 undue fair process, the burden be placed upon us to vote on
10:51:29 something in an emergency situation, and receive those
10:51:41 dollars if that project goes through, and all they are doing
10:51:43 is we have a contract that will provide X number of jobs,
10:51:50 and we need to sign off on this, or else it will not go
10:51:54 So I think some of our colleagues are the same way.
10:52:01 When I read some of the comments from some of the
10:52:03 commissioners, they felt the same way.
10:52:05 So me personally, I would hate to be placed in that
10:52:10 situation again where we are making a decision, a rush
10:52:15 decision, and we are clueless.
10:52:18 So my question to you, as an attorney, and as chair of the
10:52:24 economic Development Corporation, do we need to look at the
10:52:28 statute and discuss this?
10:52:35 >> Rhea Law: Clearly the statute was created by the
10:52:42 legislature to make the State of Florida competitive with
10:52:45 the other states that we regularly compete with for jobs
10:52:49 that are moving in and about, not only through the entire
10:52:53 country, but internationally.
10:53:00 You will find that most states have confidentialities
10:53:06 So if the State of Florida were to change it's stance it may
10:53:10 cause some to see us as not as friendly or protective as to
10:53:16 where their best place to put their jobs might be.
10:53:19 So rather than that, let me address exactly what you are
10:53:23 doing when we bring you a project, because in many cases we
10:53:27 don't know the name either, so it's not that we are
10:53:32 withholding it from you.
10:53:33 We might but we might not.
10:53:35 It might be that the project came through enterprise
10:53:37 Florida, came directly through the governor's office, and we
10:53:40 may not know who that company is.
10:53:43 Want we may know is this.
10:53:45 What we do know is this.
10:53:46 They have signed an application, and for the one that we
10:53:50 were previously talking about, noted that said we will
10:53:54 provide X number of jobs, we will provide X amount of
10:54:00 capital investment, and we will provide this level of
10:54:06 So you know you are dealing with a company that has the
10:54:09 wherewithal to provide a higher level than what we currently
10:54:11 have as an average wage here in our community.
10:54:16 And the whole focus of economic development is to always
10:54:20 raise the level of your job base to increase the number of
10:54:24 jobs, to increase the wages that are paid for those various
10:54:29 In addition, by the time they come to us, they usually have
10:54:32 already talked to us about what they need as far as
10:54:34 workforce, what they need as far as talent base, what the
10:54:39 need for training, so we have an idea of what kind of a
10:54:43 company it is, and that, of course, is something that is
10:54:46 always shared with you, so that you know you are giving a
10:54:48 company that's one of these targeted industries -- which is
10:54:53 another point -- in this state in order to get an incentive
10:54:58 of some sort.
10:54:59 It has to be a targeted industry.
10:55:00 So these are the ones that have been identified as important
10:55:03 to growing the job base for the State of Florida.
10:55:08 Those things we know.
10:55:10 Now, the protections are on the backside.
10:55:14 As I said, when you make a decision on anything, it is not
10:55:18 to didn't funds.
10:55:19 You have not utilized the funds of the community.
10:55:22 What you have said is, if you bring us these jobs at this
10:55:26 level, if you bring us these wages, if you make these
10:55:29 capital improvements, and whatever the list of technicals
10:55:32 are, then we will make an award in the future.
10:55:37 But you have to prove those things, and the state comes in
10:55:40 and actually does that analysis.
10:55:42 >>MARY MULHERN: Thank you.
10:55:49 Because we have a time certain at 11:00, we can continue, to
10:55:58 have another probably 10, 20 minutes on this.
10:56:00 We need to take care of some business.
10:56:04 Don't go way.
10:56:05 It will just take a second.
10:56:06 I think that we have one other item on our agenda today
10:56:11 which is a staff presentation from -- oh, no, we don't.
10:56:19 We have got to get through 90 to 95.
10:56:31 I think we need to probably -- my feeling is this is a
10:56:34 really important topic, and we need to investigate further.
10:56:40 I think we should give this maybe another five or ten
10:56:43 minutes and then wrap up.
10:56:44 The rest of the items on the agenda and perhaps continue the
10:56:47 report on the health clinics.
10:56:49 So I don't know if Kimberley Crum is here, if she's back
10:56:54 If we could maybe receive and file your report, which was
10:56:57 great, and then have you give the presentation at a future
10:57:02 Can we do that?
10:57:05 Council, would you be willing to do that? Could we continue
10:57:09 that presentation to our next regular council meeting?
10:57:15 >>MARTIN SHELBY: Would you like it --
10:57:20 >>JIM SHIMBERG: City attorney.
10:57:22 We scheduled the closed session for 11.
10:57:24 But if council's pleasure is to be try to go another 15
10:57:27 minutes to try to finish your meeting first, that would be
10:57:30 As long as we don't have a significant delay beyond when we
10:57:33 scheduled it for.
10:57:34 >>MARY MULHERN: I think we'll do that.
10:57:35 But I think if we were going to do all, it would take longer
10:57:39 than that.
10:57:40 So thank you, Ms. Crum.
10:57:41 And maybe if we could have a motion.
10:57:43 >>MIKE SUAREZ: I move we continue item it 0 to our next
10:57:48 scheduled meeting.
10:57:49 >>THE CLERK: September 1st.
10:57:51 >>MIKE SUAREZ: September 1st, yes.
10:57:57 >>MARY MULHERN: All in favor?
10:57:58 Anyone opposed?
10:57:59 >>LISA MONTELIONE: May I make a suggestion if it's
10:58:02 If we could move items 91 through 94 so that we have some
10:58:12 gentleman from the fire department of that we could move
10:58:14 forward up, so --
10:58:18 >>MARY MULHERN: We are going to finish this item and then
10:58:20 hear from them.
10:58:24 I don't want to stop in the middle of this discussion.
10:58:26 >>MARTIN SHELBY: I guess my question was, did council want
10:58:29 to hear from them?
10:58:31 >>MARY MULHERN: That's what I'm saying.
10:58:32 We can -- you are comfortable with passing those without
10:58:37 hearing from them?
10:58:38 >>LISA MONTELIONE: Uh-huh.
10:58:39 >>MARY MULHERN: If that's the pleasure of council, you can
10:58:41 motion to pass those.
10:58:45 >>LISA MONTELIONE: I move to approval items it 1 through
10:58:49 >> Second.
10:58:50 >>MARY MULHERN: All in favor?
10:58:54 Those were previously on our consent agenda.
10:59:02 Ms. Law, I'm sorry I had to stop you in the middle.
10:59:04 I don't even know if you were finished with your explanation
10:59:07 but we'll continue.
10:59:07 >> Rhea Law: Thank you.
10:59:11 Bea Bare is with me today and she's the vice-president of
10:59:16 the economic Development Corporation.
10:59:18 She just reminded me that some of the other reasons for
10:59:21 confidentiality related to SEC rules and regulations of
10:59:29 publicly traded organizations, industry competitors, their
10:59:34 competition, not our competition, but their competition know
10:59:37 what they are doing and learning how they might be
10:59:41 proceeding with their businesses.
10:59:42 Employee notification is a huge initiative, as well as real
10:59:46 estate and site negotiations.
10:59:48 So there's a lot of reasons that they wish not to have been
10:59:52 gob public while they are doing their analysis and
10:59:56 determining whether they will come to a community.
10:59:58 But as soon as they make their -- as soon as they release us
11:00:04 and as soon as they do a press release, then, of course, we
11:00:08 can certainly talk about them.
11:00:09 And as I said, the protections are in the contract.
11:00:12 So at the time the approval was made by the state, by the
11:00:17 local governments, then the contract is within their
11:00:23 And they have to prove that they have met all their
11:00:27 >>MARY MULHERN: And that contract is in place when you --
11:00:31 when the agreement is brought to us, the QTI.
11:00:36 >> You act and say, if you will do all of these things, you
11:00:44 identify what the contingencies are, and that's what goes
11:00:47 into the contract.
11:00:48 So you don't make the distribution.
11:00:50 You just set up the criteria for it to occur in the future.
11:00:53 >>MARY MULHERN: Thank you.
11:00:57 Councilwoman Montelione.
11:00:58 >>LISA MONTELIONE: Thank you for being here, Ms. Law.
11:01:05 I have worked with the QTI program eleven years ago.
11:01:08 I was with Jean gray in economic development at Hillsborough
11:01:11 And to my knowledge, and I could be wrong, because I haven't
11:01:16 been watching carefully for eleven years, have there been
11:01:19 any changes in the state statute in the past eleven years,
11:01:24 other than minor adjustments?
11:01:25 >> I'm going to have to ask my brain trust.
11:01:36 Let me ask Bea Bare with the Hillsborough Economic
11:01:41 development corporation.
11:01:41 >> It's an honor, councilpeople.
11:01:44 If I understand your question correctly, are you asking
11:01:48 changes to the QTI program or to statute 288.075?
11:01:54 >>LISA MONTELIONE: I guess both.
11:01:55 >> To my knowledge, the league of Florida statute 208.075,
11:02:04 the time in which confidentiality is enforced is for one
11:02:08 year after which the company can request a one-year
11:02:13 I believe that's been the most mainly change to that
11:02:18 And with regard to QTI, I really can't think in the last
11:02:24 eleven years off the top of my head what typically changes
11:02:27 are the target industry, that the list of the targeted
11:02:31 industries, and that's strategic thinking on behalf of our
11:02:37 >>LISA MONTELIONE: So I guess the confidentiality for one
11:02:44 year, it was taking a little longer to come together.
11:02:52 So this program has been in place.
11:02:53 It's been working.
11:02:54 And I understand the confidentiality issues.
11:02:57 Because it is very competitive work.
11:02:59 And if it gets out that a company is thinking of moving and
11:03:08 expanding it could have ripple effects not only in the
11:03:10 immediate area, but across the world.
11:03:16 The information on the application, as we follow up with
11:03:21 some of the questions I think that Councilman Suarez -- the
11:03:24 information on the application is not necessarily going to
11:03:28 be moved forward and made a part of that contract.
11:03:34 So in the case where the application may have some
11:03:38 misstatements, may not be salient to whether or not the
11:03:43 contract is enforceable, so what I'm looking at is the
11:03:52 application may have legal implications should something be
11:03:56 challenged in court over whether or not they appropriately
11:04:01 applied for the money, or if they were qualified for the
11:04:04 money under the terms of the QTI program or understood the
11:04:08 So I think to clarify, only the terms of the contract are
11:04:14 So whether or not we can say that they are in compliance or
11:04:18 not doesn't have to do with the application information.
11:04:23 >> That's correct, and that flexibility is actually on
11:04:29 purpose because as a company goes through the process, the
11:04:33 project itself can sometimes change and fluctuate.
11:04:37 By the time they reach the agreement there might be some
11:04:41 tweaks to it.
11:04:42 However, the very basic information about the number of
11:04:45 jobs, the average wage to which the company committees, if
11:04:50 there were any changes to that, we would come back to you
11:04:54 and inform you about those changes because it would probably
11:04:57 have an impact, and I would like to emphasize what Ms. Law
11:05:10 has pointed out.
11:05:11 When an applicant company comes or we come before you on
11:05:15 behalf of the applicant company that is not a guarantee that
11:05:17 the company has made a final decision in favor of our
11:05:22 We are still competing very much with that company.
11:05:27 And even after they have approved, or been granted final
11:05:31 approval of their incentive, that still is not a guarantee
11:05:36 that we have been selected.
11:05:39 It is only until or unless the company selects our community
11:05:45 and they have entered into an agreement with either the city
11:05:53 if it's a local incentive or with the state that those
11:05:56 conditions can be enforced.
11:05:59 Thank you.
11:05:59 >>LISA MONTELIONE: The due diligence that the EDC does, you
11:06:04 mention that sometimes there are cases where even you don't
11:06:08 know who the company is.
11:06:14 >> That's correct when the project begins.
11:06:16 When we come before you, the company has to -- the QTI, in
11:06:20 the instance of QTI, the company actually has to disclose
11:06:26 their identity on the application.
11:06:29 So at that juncture we do know who the company is, we do
11:06:33 some due diligence, enterprise in a does due diligence and
11:06:37 the governor's office of tourism -- it's now called the DEO,
11:06:42 department of economic opportunity, they do due diligence as
11:06:47 well, and they typically look at the financials and so forth
11:06:50 of the company.
11:06:51 I believe that Ms. Law was going to cover some new -- a new
11:06:56 process that we are recommending, and that we will actually
11:07:02 implement going forward.
11:07:05 And I don't know, Rhea, if you would like to address some of
11:07:09 >> Rhea Law: The comments that we received -- I'm sorry?
11:07:18 >> You can proceed.
11:07:19 >> We take very seriously the comments that you made
11:07:24 relative to how we bring these forward, and really want to
11:07:29 do everything we can to protect the city and the county,
11:07:32 after all, this is our community and these are our funds
11:07:35 that we put into these incentives.
11:07:39 We want to make sure that we spend those precious funds in
11:07:42 the best way possible so that we get the best return on our
11:07:51 And did make the process better moving forward.
11:07:55 The first is that we have an application that is done early
11:07:58 in the process.
11:08:01 And, as a matter of fact, in your packets, if you were to
11:08:04 look at the second painful -- the first page is simply a
11:08:08 sample of what a project overview might look like.
11:08:21 It sets forth company information about the wages, who we
11:08:24 are competing against, it also estimates what the QTI award
11:08:29 might be and how it might be paid.
11:08:32 And this type of a document would come before you for a
11:08:38 But the second page, which looks like this, is actually a
11:08:47 time line.
11:08:47 And you will notice that the very first part is the area of
11:08:53 working with these individuals, identifying what they need
11:08:57 in our community, looking for space, determining whether the
11:09:03 QTI program may work or not.
11:09:07 It's in yellow when we start come before you.
11:09:11 So the first application occurs in the first blue box, but
11:09:15 we are proposing that before we come to you, we go back to
11:09:20 the company and ask for verification in writing of the
11:09:25 overview, because it may change during the course of our
11:09:32 dealing with them.
11:09:32 We know if we dealt with them for a year, maybe a little
11:09:36 longer, and so we will come back and ask for that
11:09:38 verification of funds. So what you get will be a newly
11:09:42 verified certification that this is in fact the correct
11:09:45 overview for the project.
11:09:46 >> Is this a new step?
11:09:59 >> This is a new step that we are proposing.
11:10:01 The second step that we will make -- and again, I want to
11:10:05 point you to this document, and you can see that the process
11:10:10 beginning could be any period of time, but after that, time
11:10:20 frames are really are very stringent.
11:10:22 We only have some to 15 days to complete our work at the
11:10:24 local level.
11:10:25 It goes on to enterprise Florida.
11:10:29 By statute they now have five business days to respond.
11:10:32 It then goes to the department of economic opportunity.
11:10:35 And by statute again, this was just condensed, they have ten
11:10:41 business days, so the whole process should take 30 days
11:10:45 And so we are on a compressed process.
11:10:49 What we will do is we will provide guidelines to each of the
11:10:52 individuals that we are working with to let them know what
11:10:55 the time frames are for setting things to come before the
11:10:59 local governments, and we will try our very best to make
11:11:03 sure they come before you at a regularly scheduled meeting.
11:11:07 However, there's always a however, isn't there?
11:11:11 There are times that we will really be strained, and there
11:11:17 can be tremendous opportunities.
11:11:19 And so I can't promise that it will never happen.
11:11:21 We'll do our best, obviously.
11:11:23 But our time frames are not created by us.
11:11:26 They are created by the company.
11:11:27 And, again, this is a competitive effort.
11:11:32 And we'll do everything we can to make sure that the flow of
11:11:34 information between the city and the county and the EDC will
11:11:41 be as easy as possible and we don't have a problem there.
11:11:44 Finally, and this is actually a restatement of what is in
11:11:48 the contract, but perhaps is the law in the original
11:11:55 presentation to the local governments, and that is the
11:11:57 action that you will be asked to take is not for the
11:12:01 distribution of funds.
11:12:03 The action that you are being requested to take is to
11:12:06 identify the parameters that if in fact the applicant
11:12:11 company meets those, they will be eligible for reimbursement
11:12:15 and be able to get the reimbursement.
11:12:17 So there's another process.
11:12:18 It is not the end process when it comes to you as a local
11:12:22 There's a process after that where they have to prove up
11:12:25 those positions.
11:12:26 And if they do not meet them, then they for fit the award.
11:12:31 >>MARY MULHERN: Councilman Suarez, I think we are going to
11:12:38 need to move on.
11:12:40 >>MIKE SUAREZ: It will be as short as I can possibly make
11:12:42 I don't want to belabor the point.
11:12:44 I want to make sure there is a remedy at law when someone
11:12:47 has put on an application something specific such as we are
11:12:51 going to move all of our employees out of your community,
11:12:54 because that was an aspect brought to us, and if that is
11:12:59 part of the contract, if it's part of the contract, I nobody
11:13:02 we have a remedy at law.
11:13:04 Is that part of the contract?
11:13:06 Was it part of the contract with this previous thing?
11:13:09 And that's what I want to make sure I understand.
11:13:11 >>MARY MULHERN: Thank you.
11:13:17 I think that I have to say that this process in the four
11:13:25 years I have been here has been handled very well.
11:13:28 This was the first time that we had any kind of -- that this
11:13:35 was a major, I think, bad decision and communication on the
11:13:44 part of the company.
11:13:46 And I think I feel very reassured that our economic
11:13:51 development department in the city, and that the EDC is
11:13:57 doing a good job.
11:13:58 I think there are some things that were different, and you
11:14:06 were talking about crunching of the time, when we are given
11:14:09 so little time.
11:14:09 So I think what for us would help is if we had assurance
11:14:15 that that is not going to happen in the future, that -- I
11:14:18 mean, we had, I think, less than a week from the time that
11:14:22 we were briefed and asked to vote on that.
11:14:24 So I guess this is a question for Bob.
11:14:27 >> Bob McDonaugh, economic development.
11:14:31 Again, to schedule QTI requests and regularly scald meetings
11:14:37 and also provide more backup.
11:14:38 I think that if you see the economic impact sometimes, I
11:14:41 provided it after the fact in this last case.
11:14:45 It made a very telling argument as to why we should do it.
11:14:49 But again, as Ms. Law just said, you know, we are telling
11:14:53 people, look, this is our City Council schedule, and we want
11:14:57 this at regularly scheduled meetings, I need to be in there
11:15:00 and preparing for City Council, and giving them all the
11:15:03 education I possibly can prior to these meetings.
11:15:06 But, again, if somebody says, look, I have 500 jobs, and
11:15:14 Georgia is going to give us an answer next week and I want
11:15:16 an answer next week, I am probably going to come to you and
11:15:19 say, look, I am really sorry that I am doing this but I need
11:15:21 your help and I would like to us consider the application,
11:15:24 because, you know, these are valuable.
11:15:29 We have had some successes.
11:15:30 One of the things we did not do in the past was give you
11:15:33 feedback about some of the QTI successes.
11:15:35 And the memos that I gave you last week, I am going to do
11:15:38 that every time we know what happens with a project.
11:15:42 One of them said, I think it added up to almost $800,000.
11:15:46 That's a lot of money.
11:15:48 It's paid out over a number of years but it's $20 million a
11:15:51 year in payroll.
11:15:53 So we are talking some very serious implications for our
11:15:58 But I will do whatever I can do to make this a much more
11:16:04 normal scheduled process with more backup information, and I
11:16:10 can also promise that sooner or later, I am going to come
11:16:14 and say, look, I'm under the gun and I really need your
11:16:17 help, and I hope that you understand that it is not because
11:16:20 that we have been slacking, and not being diligent in
11:16:24 bringing information to you as quickly as we can in the
11:16:28 >>MARY MULHERN: I think that we also -- I think this should
11:16:35 be a message to the businesses that we are working with, and
11:16:41 to you all, that we take this seriously, and that we are
11:16:52 working, and they need to work within a framework if they
11:16:55 want to be here.
11:16:56 So, you know, it's negotiation.
11:16:59 And we have to be able to trust you that you are going to do
11:17:04 your due diligence, and especially since the
11:17:07 confidentiality, which makes sense.
11:17:09 I understand.
11:17:11 And I don't think anyone is going to, you know, change that
11:17:15 at this point.
11:17:16 We need jobs.
11:17:17 And we want to keep good businesses here.
11:17:20 But I think we have to be able to feel like you are doing
11:17:24 your research.
11:17:25 And I think that in this case it certainly seemed like, you
11:17:29 know, we were told jobs were at risk.
11:17:34 You were told jobs were at risk. you believed that.
11:17:37 And we don't know whether they were or not.
11:17:43 It's still an interesting thing because that question is
11:17:45 still up in the air for with us this one, although
11:17:47 apparently they are not going to --
11:17:52 >> They stepped away from the application.
11:17:54 >> Stepped away.
11:17:55 They said they are going to stay here.
11:17:56 >> They pulled building permits.
11:18:01 The $78 million that they pledged to the community.
11:18:04 >> It's interesting, too, because I think it opens up bigger
11:18:09 questions about economic development.
11:18:13 Is this -- when you take these risks, is this the best way
11:18:20 for us to keep jobs and produce jobs?
11:18:24 And are these the best jobs that we are getting?
11:18:27 You know, it opens up a lot of bigger questions.
11:18:30 But I think that the most important thing for us is that we
11:18:38 get as much notice as possible.
11:18:40 So Councilwoman Montelione -- Councilman Cohen hasn't
11:18:47 >>HARRY COHEN: I just want to sort of follow up on what
11:18:55 Councilwoman Mulhern just said and take a slightly different
11:18:59 tact on it.
11:19:00 If we are going to be competing with other communities for
11:19:05 these jobs, we are going to have to make an effort sometimes
11:19:11 oh to move more swiftly than we might be comfortable moving.
11:19:15 And what I would suggest is that if we are in a competitive
11:19:19 situation where we actually see that we can attract jobs to
11:19:26 this community, that we make every effort that we can to
11:19:32 make ourselves available, and to work with you all to get as
11:19:38 much information as possible as quickly as possible.
11:19:43 From what I heard you say, you are going to try to bring
11:19:46 these items to us in time for regularly scheduled meetings,
11:19:49 but sometimes the competitive nature of the activity is
11:19:52 simply going to require us to move more quickly.
11:19:56 And I think if we are going to do that, and if we are going
11:20:01 to be comfortable doing that, we have to know from you that
11:20:05 we are going to get as much information as we possibly can
11:20:10 into our hand as quickly as possible.
11:20:11 >>LISA MONTELIONE: I just want to point out that the
11:20:19 council so far, in our short time being seated as the new
11:20:23 council, that we haven't had any issue with being here for
11:20:27 special called meetings.
11:20:28 So when you say that scheduling these items at regular
11:20:33 meetings, Mr. McDonaugh, we don't seem to have any problem
11:20:37 coming here and convening, should the need arise.
11:20:42 So I wouldn't hesitate to say, hey, look, if one of those
11:20:46 emergency situations comes up, and somebody needs an answer
11:20:48 right away, brief us, contact us, talk to the chair, the
11:20:52 vice chair, schedule a special called meeting.
11:20:54 We'll be here.
11:20:55 >>BOB McDONAUGH: Great.
11:20:58 Thank you.
11:21:00 >>YVONNE CAPIN: Thank you for being here.
11:21:02 And I want to say, I appreciate Chairwoman Law and Bea Bare
11:21:13 and everyone at the EDC for taking this as seriously as we
11:21:17 did, and look at it, and reassessing where can we improve
11:21:22 the process.
11:21:24 And that's what we are asking for.
11:21:29 We were, I thought, very confident going into it, and also
11:21:32 that we on council, when we pass this, this is the city,
11:21:37 and, therefore, what happened -- and I want to understand
11:21:41 it -- is that the application has been approved.
11:21:47 At that point it is up to the business to say, yes, I am
11:21:51 going to stay in Tampa as opposed to going somewhere else.
11:21:54 The deal is not done yet.
11:21:57 It is a process.
11:21:59 And we have said at that point, yes, we think -- we believe
11:22:03 that this is a valuable company to keep here, and this is --
11:22:08 we are speaking for the city and saying, yes, we will do
11:22:11 And, again, I want to thank you for looking at this and
11:22:15 bringing these changes to us.
11:22:17 I appreciate it.
11:22:17 >>MARY MULHERN: Thank you.
11:22:22 I appreciate it, too.
11:22:23 And as I said, it's been -- I always had full confidence,
11:22:28 and I didn't feel like we were losing confidence in the
11:22:32 city, the county, or the economic development council.
11:22:37 It was more of a question of, you know, the situation in
11:22:41 figuring out was there anything that we could have done
11:22:46 So I appreciate it.
11:22:47 I really appreciate, too, the reports on the number of jobs,
11:22:50 how many QTIs are come through.
11:22:52 And Bob is right.
11:22:53 We would get these, and then never really necessarily know
11:22:58 or had it pointed out that it's working, these incentives
11:23:04 are really working, so we appreciate it.
11:23:06 >> I have included in your packets a little information up
11:23:10 to date on what we have been doing as far as bringing in
11:23:13 jobs, and you will see that we are actually ahead of where
11:23:18 we were last year already, and our average wage is up
11:23:24 significantly on an average, and we have some $174,000 in
11:23:28 capital investment that's been pledged so far this year,
11:23:32 which goes directly to the bottom line of your ad valorem
11:23:36 tax base, which ultimately comes back for services through
11:23:39 our local government.
11:23:41 There's one final piece of paper which is brand new, it is
11:23:44 the last thing in your packet.
11:23:45 It is a report that came from the Tampa Bay Regional
11:23:47 Planning Council.
11:23:49 We asked for them to do analysis of the economic impact of
11:23:56 the Tampa Hillsborough economic development council as it
11:24:01 relates to your investment.
11:24:03 And if you look at your investment -- and this is for the
11:24:06 year 2010, and we are going to do these every year, but
11:24:10 essentially, in 2010, this council provided support for the
11:24:15 EDC to do this job creation work to the tune of some
11:24:21 The results of that to the bottom line of the gross county
11:24:27 product, if you will, for every dollar that you spent, you
11:24:30 got back $806.
11:24:34 So you can look at the report.
11:24:35 You can see the direct jobs.
11:24:37 You can see the indirect jobs.
11:24:39 We also did not -- and we are trying to figure out how to do
11:24:44 this analysis with the Regional Planning Council -- but we
11:24:47 will try to figure out what the impact is on your ad valorem
11:24:50 tax base, and the direct return that you get from that, as
11:24:54 well as sales tax, and your higher fees and things of that
11:24:59 So it is a significant impact.
11:25:01 We are really pleased to work in concert and partnership
11:25:05 with you, with the county, with the state, with the
11:25:07 governor's office, and we look forward to really having
11:25:10 prosperity for our community.
11:25:12 Thank you.
11:25:12 >>MARY MULHERN: Thank you.
11:25:24 I think we have item number 90.
11:25:27 We have continued.
11:25:30 Item number 95.
11:25:40 It's coming back to us as a public hearing, automatically
11:25:43 reopened because we had a 3-2 vote so we did not have enough
11:25:56 votes to pass the motion.
11:26:06 I'm sorry, Mr. Shelby.
11:26:08 >>MARTIN SHELBY: Councilman Suarez was absent at the public
11:26:14 hearing and I want to know whether he has had the
11:26:16 opportunity to be review the record and is prepared to move
11:26:19 >> I am.
11:26:20 >> So, council, if you wish, it is a continued public
11:26:25 I believe you could take additional testimony and close it
11:26:28 up and wrap up.
11:26:29 >>MARY MULHERN: I want to ask if there's anyone from the
11:26:33 public who wishes to speak.
11:26:36 On this.
11:26:36 >>CATHERINE COYLE: Land development.
11:26:39 I do need to address an issue that the applicant has made me
11:26:43 aware of.
11:26:44 The request was for catering shop, retail, business
11:26:46 professional office, cigar shop and daycare.
11:26:48 They are requesting to strike the daycare use from the
11:26:52 allowable uses.
11:26:54 And I would ask them to verify that they are asking to
11:26:57 eliminate the daycare use, which can be made between first
11:27:00 and second read being.
11:27:01 I just needed to put that on the record.
11:27:03 >>MARY MULHERN: Okay, petitioner?
11:27:06 >> Good morning.
11:27:08 Susan Johnson Velez, Tampa, on behalf of the applicants.
11:27:13 Yes, I will confirm what Kathy said.
11:27:15 We are going to eliminate the daycare use from our request.
11:27:18 So there will just be the four uses, catering, retail,
11:27:23 business, professional office and cigar shop.
11:27:25 One thing that I did want to clarify last public hearing,
11:27:28 there was testimony that there have been some variances, or
11:27:31 is one variance on this property.
11:27:32 We have confirmed to city staff that there have been no
11:27:37 Keep in mind this is a building built in 1948 so it a
11:27:40 70-year-old building, that the applicants have renovated for
11:27:44 mersion commercial uses.
11:27:45 And I would also like to submit several letters of support
11:27:48 that I have from people whoever would have liked to have
11:27:51 been here for this public hearing.
11:27:54 We do have letters of support from Mr. Sam Shah, Brook
11:27:59 Neyusei, owner of Mangroves, Carla Jimenez, the owner of
11:28:01 Executive Cabs, several other residents in the neighborhood,
11:28:05 Mark Puera, Saade Chiubam, Joseph Abdo, and Mr. Elie Arai.
11:28:21 With that I will answer any questions if any council members
11:28:23 have any.
11:28:24 We would ask your support and our approval of our
11:28:27 Thank you.
11:28:28 >>FRANK REDDICK: Madam Chair, my reason for not supporting
11:28:36 it last time, and I think I indicated in my comments, I
11:28:40 didn't want to see the mix of daycare center and a cigar
11:28:45 And knowing that you are removing that, then I pledge my
11:28:54 >>MARY MULHERN: Okay.
11:28:58 Anyone else?
11:28:59 Is there anyone else who wishes to speak on this item?
11:29:04 >> Motion to close the public hearing.
11:29:09 >> Second.
11:29:09 >>MARY MULHERN: All in favor?
11:29:11 >>MARTIN SHELBY: If could you just read that.
11:29:14 This is first reading so it will be a voice vote.
11:29:16 >>FRANK REDDICK: I would move an ordinance for first
11:29:20 reading, an ordinance rezoning property in the general
11:29:22 vicinity of 212 south Armenia Avenue in the city of Tampa,
11:29:26 Florida and more particularly described in section 1 from
11:29:28 zoning district classifications RM-24 residential
11:29:32 multifamily, to PD planned development, catering shop,
11:29:35 retail, business/professional, office, cigar shop, striking
11:29:41 daycare, providing an effective date.
11:29:42 >> Second.
11:29:44 >>MARY MULHERN: I'm going to support this.
11:29:52 I didn't support it the first time.
11:29:53 But my questions were more about the traffic impacts.
11:29:58 And I don't believe we had those letters of support from all
11:30:01 the neighbors.
11:30:02 And now that we have those, I'm going to support this.
11:30:05 So all in favor?
11:30:08 Anyone opposed?
11:30:09 >>THE CLERK: Motion carried with Miranda being absent.
11:30:13 Second reading of the ordinance will be held September 22nd
11:30:17 at 9:30 a.m.
11:30:19 >>MARY MULHERN: I believe we are through our regular
11:30:27 Did I miss anything?
11:30:29 >>MARTIN SHELBY: Number 96 because it is set for a time
11:30:32 after 10:30, action has to be taken now.
11:30:35 I would ask that council move to receive and file the
11:30:37 withdrawal quarterback and remove it from the agenda.
11:30:40 >> So moved.
11:30:40 >> Second.
11:30:41 >>MARY MULHERN: All in favor?
11:30:42 >>MARTIN SHELBY: Madam Chair, with regard to your opening
11:30:54 remarks regarding the closed session that you will be
11:30:56 convening, just to bring to council's attention, council,
11:31:01 the list will state everybody who is present.
11:31:04 And unless otherwise, and this has to be accurate so the
11:31:08 sums is that everybody, after we convene, after you recess,
11:31:13 you will convene your meeting upstairs.
11:31:15 And, again, that meeting cannot start till everybody is
11:31:18 So I would ask that after this recess that you do
11:31:24 immediately go upstairs.
11:31:25 And again you have that remark you have to read for the
11:31:28 >>MARY MULHERN: Yes.
11:31:30 So everyone listed here, all of us will be reconvening
11:31:37 Councilman Capin.
11:31:47 >>YVONNE CAPIN: Just enough time to get a drink and take an
11:31:53 >>MARY MULHERN: Yes.
11:31:58 Notice is hereby given that Tampa City Council is going into
11:32:00 a closed session pursuant to section 286.0018 Florida
11:32:07 statutes for approximately one hour.
11:32:09 The meeting will convene in the conference room on the
11:32:11 8th floor of old City Hall.
11:32:14 Is that where we are going?
11:32:17 >> Yes.
11:32:18 >>MARY MULHERN: Council will discuss settlement
11:32:19 negotiations and strategy sessions related to litigation
11:32:23 expenditures for the case of City of Tampa versus Marion S.
11:32:26 Lewis, case 07-CA-000838, judicial court circuit,
11:32:34 Hillsborough County, Florida, civil division, and City of
11:32:36 Tampa versus Marion S. Lewis, case SC11-1346, Florida
11:32:42 Supreme Court.
11:32:43 The meeting will be attended by City Council chair pro tem
11:32:48 Mary Mulhern, council members Mike Suarez, Yvonne Capin,
11:32:52 Harry Cohen, Frank Reddick, Lisa Montelione, attorneys James
11:32:58 Shimberg, Jerry Gewirtz, and Martin Shelby.
11:33:01 Following the closed session, the City Council will
11:33:04 reconvene in open session in City Council chambers so the
11:33:08 chair can announce termination.
11:33:09 Closed session and the council will take any formal action
11:33:13 it deems necessary.
11:33:15 >>MARTIN SHELBY: Just for record, section 286 .011 (8), and
11:33:27 thank you very much.
11:33:28 And council, would it be appropriate to move to recess?
11:33:33 >>MARY MULHERN: We will recess for this closed meeting.
11:33:46 Just a moment.
11:33:48 We will reconvene here after the closed session.
11:33:54 And at that time we can reconvene and any new business we
11:34:03 We have a question.
11:34:05 >> (off microphone).
11:34:10 >>MARY MULHERN: Oh, yes, it was removed from the agenda,
11:34:16 and we had spoken about that at the beginning of the
11:34:19 So it's no longer -- the petitioner is no longer asking
11:34:28 for -- I guess it was for reconsideration by council.
11:34:32 So it's no longer -- it's been removed, and we have a letter
11:34:37 we can give you from Mr. Bentley.
11:34:41 >> (off microphone).
11:34:46 >>MARTIN SHELBY: You can either take it up, if you wish to
11:34:51 have discussion on this when you reconvene, you can take new
11:34:54 business and general public comment, or I can see if we can
11:34:57 have an attorney talk with her or staff talk with her by the
11:35:02 time council gets back, explain to her the situation.
11:35:06 But council has no role in the action now.
11:35:09 >>MARY MULHERN: It's no longer a decision for us.
11:35:12 So we can't do in addition.
11:35:16 There's a letter from the attorney for the business.
11:35:25 We can't share that?
11:35:26 >>MARTIN SHELBY: Well, the clerk can, but to be clear,
11:35:29 council, once you have read the statement you are really no
11:35:32 longer in section so it's appropriate for you now to recess.
11:35:34 >>MARY MULHERN: We have to have recess.
11:35:36 But you can talk amongst an attorney.
11:35:57 >> (City Council in recess)
TAMPA CITY COUNCIL
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
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party edits and software compatibility issues.
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proceedings may need to hire a court reporter.
(The meeting reconvened at 12:37 p.m.)
>> Roll call.
12:37:27 >>MIKE SUAREZ: Here.
12:37:28 >>YVONNE CAPIN: Present.
12:37:28 >>FRANK REDDICK: Here.
12:37:29 >>MARY MULHERN: Here.
12:37:30 >>HARRY COHEN: Here.
12:37:31 >>LISA MONTELIONE: Here.
12:37:36 >>CHAIRMAN: Pursuant to section 286.011 (8) Florida
12:37:43 statutes, the closed session to discuss City of Tampa versus
12:37:46 Marion S. Lewis, case 07-CA-000838, 13th judicial
12:37:56 circuit court -- judicial circuit, Hillsborough County,
12:38:01 Florida, civil division, and City of Tampa versus Marion S.
12:38:04 Lewis, case SC-11-1346, Florida Supreme Court, is hereby
12:38:20 I don't believe there's any action necessary.
12:38:23 And we will continue with our regular meeting.
12:38:31 Is there any new business?
12:38:33 Starting with Councilwoman Montelione.
12:38:35 >>LISA MONTELIONE: No, not today, Madam Chair, thank you.
12:38:40 >>HARRY COHEN: One item very briefly.
12:38:43 I would like to make a motion that council prepare a
12:38:45 commendation for the Palma Ceia West Tampa junior softball
12:38:48 team in our evening session of council on Thursday,
12:38:52 September 8th, 2011 at 6 p.m.
12:38:55 >> Second.
12:38:56 >>HARRY COHEN: These young ladies won the state
12:38:59 The U.S. southeast regionals and making it to the 2011
12:39:03 junior softball series in Kirkland, Washington.
12:39:06 >>MARY MULHERN: All in favor?
12:39:09 Anyone opposed?
12:39:13 Councilman Reddick?
12:39:14 >>FRANK REDDICK: No new business.
12:39:17 >>YVONNE CAPIN: I have two.
12:39:19 I would like to make a motion to ask administration to come
12:39:22 back to City Council with a report on the following
12:39:27 pertinent to Port Tampa neighborhood, which is Manhattan
12:39:33 brush site closure, adding illegal dumping signs through the
12:39:40 The second is increasing surveillance and enforcement of
12:39:43 Port Tampa city, and increasing the fines of illegal dumping
12:39:46 in Port Tampa.
12:39:47 >>HARRY COHEN: Second.
12:39:50 >>MARY MULHERN: All in favor?
12:39:51 >>MARTIN SHELBY: Did you wish that for a staff report on
12:39:53 the 22nd of September?
12:39:56 >>YVONNE CAPIN: Yes, on the 22nd of September.
12:39:58 >>MARY MULHERN: All in favor?
12:39:59 Anyone opposed?
12:40:06 >>YVONNE CAPIN: I would like to also make a motion for Alan
12:40:08 Snel to come to council on September 22nd and make a
12:40:13 presentation on bicycle area mobility.
12:40:19 This is proposed regional multi-trail system which will draw
12:40:23 bicyclists and other users to Hillsborough County for five
12:40:32 >>MARY MULHERN: Under staff reports?
12:40:37 >>MARTIN SHELBY: Do you want that understood ceremonial at
12:40:39 the start?
12:40:42 >>YVONNE CAPIN: That would work fine, yes.
12:40:43 >>LISA MONTELIONE: The only suggestion I would make is I
12:40:49 have seen the presentation.
12:40:50 I think about four times.
12:40:51 And five minutes isn't going to, I don't think, going to
12:40:56 have the ability, because it takes him at least five minutes
12:41:00 to get through the presentation, and then if we have any
12:41:03 questions afterwards.
12:41:08 >>YVONNE CAPIN: Ten minutes?
12:41:09 >>LISA MONTELIONE: That would probably suffice.
12:41:11 The other thing I might mention is one of the concerns I
12:41:13 have is that we have staff here oftentimes for many of the
12:41:19 agenda items to speak on it.
12:41:24 We don't have the agenda for that particular day yet.
12:41:27 So I just would say when we schedule presentations like
12:41:31 that, maybe we can schedule them for the bottom of the
12:41:35 agenda rather than the top so we can get through our agenda
12:41:38 items, to have staff here, you know, get them in and back to
12:41:45 Also sometimes it's easier for the public to come later so
12:41:48 that they can find a place to park and -- it would just be a
12:41:55 suggestion I have.
12:41:56 My concern is just so that we can move staff, you know,
12:41:59 anything that we have that staff is here for so they can get
12:42:03 back to work.
12:42:05 Relating to this motion, I would say set it at the top of
12:42:08 the agenda, I would say later in the agenda.
12:42:12 >>YVONNE CAPIN: We can see how that works.
12:42:13 It's usually been at the top of the agenda.
12:42:15 >>MARY MULHERN: If we do it at the beginning, it's better
12:42:19 for, I assume, for Mr. Snel to do that.
12:42:24 So --
12:42:27 >>YVONNE CAPIN: I have spoken with him, and I did mention a
12:42:30 maximum of ten minutes.
12:42:32 >>MARY MULHERN: Staff has time to know that he's going to
12:42:34 be here.
12:42:37 Transportation staff can be here.
12:42:41 If they have enough notice I think they can be here at the
12:42:43 beginning of the meeting.
12:42:44 >>MARTIN SHELBY: I'm sorry to interrupt.
12:42:45 I'm just concerned about there's a difference between a
12:42:47 presentation and if it's five minutes, it's usually in a
12:42:52 more than five.
12:42:52 Council has on occasion done ten.
12:42:55 But anything other than that gets into really a workshop
12:42:58 item and you start to get into discussions of policy, and
12:43:01 then asking to take action as a result of it, it's no longer
12:43:03 a ceremonial item or presentation.
12:43:06 And it could, in fact, bog down your agenda at its outset
12:43:10 and set the tone for the rest of the agenda.
12:43:13 I'm just bringing that to council's attention.
12:43:14 It certainly your agenda, it's your decision, but depending
12:43:20 on what you wish to accomplish, you may want to give that
12:43:22 some thought.
12:43:23 >>LISA MONTELIONE: From what I understand from Mr. Snel, I
12:43:27 think he's looking for our support in order for the portions
12:43:30 of the trail to be made -- to be made as a recommendation to
12:43:37 the MPO or to the visible roadways committee or to other
12:43:44 agencies to move this forward and to make the trail a
12:43:47 >>MARY MULHERN: I'm sorry.
12:43:52 It was up to you what you want to do, if you want this to be
12:43:55 a workshop.
12:43:56 I'm not clear what it is.
12:43:59 Is this the bicycle safety action plan?
12:44:03 Or is this --
12:44:05 >>YVONNE CAPIN: Bicycle area mobility.
12:44:06 It includes the bypass canal and the south county, and he
12:44:12 wants to talk about that part of it, the bicycle area
12:44:16 mobility, and make a presentation.
12:44:21 I was very clear to him that it would be a presentation, at
12:44:25 least on my part I made it clear to him that it would be a
12:44:28 presentation, not a workshop.
12:44:38 I'm open to --
12:44:43 >>MARY MULHERN: Well, the 22nd does not, believe it or not,
12:44:46 does not look busy so maybe we could give him -- you oh
12:44:51 would ask him to keep to the five if he can.
12:44:56 >>YVONNE CAPIN: And that way have some discussion.
12:44:57 I will do that. So we'll do it for the 22nd at the onset.
12:45:01 >> I second that.
12:45:04 >>MARY MULHERN: All in favor?
12:45:05 Councilman Suarez?
12:45:07 >> One piece here, I request that council prepare a
12:45:11 commendation honoring the 23rd annual mayor's Hispanic
12:45:16 celebration which promotes the city's rich Hispanic culture
12:45:19 to be presented to the committee on Thursday, October
12:45:21 >> Second.
12:45:23 >>MARY MULHERN: All in favor?
12:45:28 Is there anyone from the public who wishes to speak?
12:45:34 We are adjourned.
12:45:35 >> Move to receive and file.
12:45:38 >>THE CLERK: Receive and file.
12:45:40 >>MARY MULHERN: We are not adjourned.
12:45:41 All in favor?
12:45:44 We are adjourned.
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.