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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

09:06:32 Tampa.

09:06:34 In Jesus' name we pray.

09:06:37 Amen.

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

09:08:51 to.

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 peacefully.

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

09:10:02 arrested.

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 Congratulations.

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.

09:13:25 Congratulations.

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.

09:13:49 Congratulations.

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 Congratulations.

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 today.

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

09:19:05 trees.

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?

09:22:04 Opposed?

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 hearings.

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 Next.

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

09:26:19 dirt.

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 Nebraska.

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.

09:27:48 Okay.

09:27:49 And since that time, no one has been out there from the

09:27:52 city.

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.

09:29:47 Okay.

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 arrangements.

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 district.

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 Next.

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 night.

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 dinner.

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 removed?

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

09:35:43 business.

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 area.

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 either.

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 much.

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

09:40:30 region.

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

09:41:26 Florida.

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 winds.

09:42:44 We looked at not just hurricanes but fresh water flooding

09:42:47 and hazardous materials and possible evacuations from those

09:42:51 incidents.

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

09:44:05 you.

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

09:45:33 vulnerable.

09:45:34 >> You have more than three minutes so you can finish your

09:45:43 presentation.

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

09:47:53 country?

09:47:56 We had over 300 that you people in shelter in our four

09:48:00 counties.

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

09:48:15 population.

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

09:48:28 that.

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

09:49:08 one.

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

09:50:37 hours.

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

09:52:15 deficits.

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

09:56:50 safety.

09:56:51 Councilman Reddick.

09:56:52 >>FRANK REDDICK: Thank you, move item 4 through 11: All in

09:57:00 favor?

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

10:00:05 sworn.

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 absent.

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 78?

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

10:12:03 Tampa.

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?

10:15:09 Okay.

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 business.

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

10:16:08 well.

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

10:17:16 hour.

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

10:17:33 addressed.

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 absent.

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.

10:23:23 Yes.

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

10:23:46 information.

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

10:24:02 assessment.

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

10:24:14 necessary?

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 have.

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

10:28:18 district.

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 church.

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 questions.

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 assessed.

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

10:31:00 workshop.

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 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 meeting.

10:33:03 >>MARY MULHERN: Thank you.

10:33:04 Motion made by Councilwoman Capin, seconded by Councilman

10:33:08 Suarez.

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

10:34:05 weeks.

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 amended.

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 Council.

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

10:35:35 ones.

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

10:36:10 ordinance.

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

10:36:49 process.

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.

10:38:40 Yes.

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.

10:39:23 >>

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

10:39:50 work.

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 Okay.

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

10:45:54 originally.

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

10:47:00 process.

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 here?

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 made.

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 dollars.

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 forward.

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

10:53:05 requirements.

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

10:54:03 raises.

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

10:54:27 jobs.

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 there.

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

10:57:01 meeting.

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 okay.

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 appropriate?

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 94.

10:58:49 >> Second.

10:58:50 >>MARY MULHERN: All in favor?

10:58:54 Those were previously on our consent agenda.

10:59:00 Okay.

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

11:00:22 controls.

11:00:23 And they have to prove that they have met all their

11:00:26 criteria.

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 County.

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

11:02:12 extension.

11:02:13 I believe that's been the most mainly change to that

11:02:16 statute.

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 state.

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 statute.

11:04:08 So I think to clarify, only the terms of the contract are

11:04:14 enforceable.

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.

11:04:22 Correct?

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

11:05:21 community.

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.

11:06:10 Correct?

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 that.

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

11:07:46 investment.

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

11:08:37 decision.

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

11:10:44 tops.

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

11:12:21 government.

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 it.

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

11:15:57 community.

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 process.

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 spoken.

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 this.

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

11:22:44 differently.

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

11:24:19 $288,000.

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

11:24:58 sort.

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 forward.

11:26:19 >> I am.

11:26:20 >> So, council, if you wish, it is a continued public

11:26:25 hearing.

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

11:27:35 variances.

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 application.

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 shop.

11:28:45 And knowing that you are removing that, then I pledge my

11:28:54 support.

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 agenda.

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 there.

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 record.

11:31:28 >>MARY MULHERN: Yes.

11:31:30 So everyone listed here, all of us will be reconvening

11:31:36 upstairs.

11:31:37 Councilman Capin.

11:31:47 >>YVONNE CAPIN: Just enough time to get a drink and take an

11:31:52 intermission.

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

11:34:02 have.

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 meeting.

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)




This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
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(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

12:38:11 terminated.

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 championship.

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

12:39:39 neighborhood.

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

12:40:31 minutes.

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

12:41:43 work.

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 reality.

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 13th.

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.




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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.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.