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TAMPA CITY COUNCIL

Thursday, December 15, 2011

9:00 a.m.


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09:04:37 >>CHARLIE MIRANDA: City Council is called in session.

09:04:42 Chair yields to Yolie Capin.

09:04:45 >> Good morning.

09:04:46 I am proud to introduce our city clerk who will be doing our

09:04:51 invocation, Shirley Foxx-Knowles is the 28th clerk of

09:04:58 the City of Tampa since 1987.

09:05:02 She has been with the city for eight and a half years and

09:05:04 she loves the City of Tampa.

09:05:05 She was born and raised in Fort Pierce, Florida, was

09:05:09 recruited by GTE and came to Tampa in 1977 after graduating

09:05:14 from college.

09:05:14 She has an accounting degree from the school of business and

09:05:18 industry at Florida A&M university and worked for GTE

09:05:23 Florida for 16 years, served the Tampa urban league Board of

09:05:27 Directors prior to working for them as director of

09:05:30 development for eight years and was selected by former Mayor

09:05:33 Pam Iorio to serve as the city clerk beginning May 12, 2003.

09:05:40 Following the passing of city clerk Janett Martin.

09:05:44 The clerk is the records custodian of the city, and archives

09:05:49 of records division located in the Columbus municipal office

09:05:54 building CMOB, is part of the city clerk's office.

09:06:00 She is on Tampa's Salvation Army advisory board and also

09:06:03 serves with the big brothers big sisters organization as a

09:06:07 big sister.

09:06:09 She's been married to William Knowles for 30 years and is

09:06:15 the mother to Shirley Janell, Marquette university graduate,

09:06:20 currently working on a master's degree in management in

09:06:22 Boston, and Kerry Knowles, a senior broadcast journalism

09:06:28 major at Florida A&M university.

09:06:30 Shirley Ann Foxx-Knowles.

09:06:41 >>THE CLERK: Good morning.

09:06:42 Let us pray.

09:06:43 Father, once again we thank you for another beautiful

09:06:46 morning here in the City of Tampa.

09:06:47 We give you thanks for your grace and mercy.

09:06:50 Thank you, father, for showering us with your many

09:06:53 blessings.

09:06:54 May we remember to show our gratitude now and always by

09:06:57 being kind to each other.




09:07:00 Thank you once again for the opportunity to be here at this

09:07:03 moment in time.

09:07:04 We ask that you continue to bless our council, our mayor,

09:07:08 our administration, our employees and our great citizens.

09:07:14 Thank you again for blessing us to live and work in this

09:07:16 great city.

09:07:17 You have been so good to us, and we are truly grateful.

09:07:20 Today, bless this council, as council takes care of city

09:07:24 matters.

09:07:26 Guide our council so they will continue to do what is best

09:07:29 for all of our citizens.

09:07:31 Let us all remember to be instruments of your will.

09:07:35 As we close out another year here in the City of Tampa, let

09:07:38 us not close out your presence in our lives.

09:07:44 During this holiday season, may our home be filled with joy,

09:07:49 our hearts filled with love, and our lives filled with your

09:07:53 peace.

09:07:54 With humble hearts we pray.

09:07:56 Let us all say amen.

09:07:57 [ Pledge of Allegiance ]

09:08:29 >>CHARLIE MIRANDA: Roll call.

09:08:30 >>MIKE SUAREZ: Here.

09:08:32 >>YVONNE CAPIN: Present.

09:08:36 >>FRANK REDDICK: Here.

09:08:39 >>MARY MULHERN: Here.




09:08:40 >>HARRY COHEN: Here.

09:08:41 >>LISA MONTELIONE: Here.

09:08:43 >>CHARLIE MIRANDA: Here.

09:08:46 Okay, now it's Mr. Frank Reddick will come up on item number

09:08:51 1 for the presentation of police Officer of the Month.

09:08:57 >>FRANK REDDICK: Thank you, Mr. Chairman.

09:08:58 Good morning, members of City Council.

09:09:01 It is my honor to introduce our Officer of the Month, master

09:09:04 patrol officer Daniel Hinsz, and the chief will give some

09:09:08 background information on it.

09:09:12 >> CHIEF CASTOR: It's again my honor and privilege to bring

09:09:16 one of Tampa's best and brightest before you.

09:09:19 Dan Hinsz has over 20 years of experience with the Tampa

09:09:22 Police Department and he's still working as hard today as he

09:09:25 did the first day he came on.

09:09:27 He just has a much larger helping of experience and wisdom

09:09:31 behind him.

09:09:32 We affectionately refer to officer Hinsz as the sheriff of

09:09:38 six mile creek.

09:09:39 He knows everything that's going on out in that area, and he

09:09:41 has been involved in a number of initiatives throughout his

09:09:45 career.

09:09:46 Currently what he's being recognized for are his efforts in

09:09:49 the scrap metal business, and most specifically the theft of

09:09:54 scrap metal.




09:09:56 It's pretty amazing what the price jump in something like

09:10:01 copper can actually turn into a crime wave.

09:10:07 Crimes have skyrocketed based on the price of copper and

09:10:10 other metal, and he has done a great job in the area of

09:10:14 theft of air conditioners, converters and batteries as well.

09:10:19 Now, this is something that's difficult.

09:10:21 You know, it's knots obviously a real exciting and sexy

09:10:24 area, scrap metal, but until you go outside and your air

09:10:30 conditioner is not there anymore and the battery is in your

09:10:32 car, then it's very important to you.

09:10:34 And it's a difficult issue to address exactly where the

09:10:39 increase in some of the foreclosed homes.

09:10:41 These air conditioners in these houses, nobody is living

09:10:44 there and people are coming and taking these air

09:10:46 conditioners.

09:10:46 So it's difficult to address.

09:10:48 So officer Hinsz, what he did was set up extinction at the

09:10:52 location where they were bringing these metals into the

09:10:57 scrap metal dealers, and he would set up a process whereby

09:11:00 officers would go out every morning and check the

09:11:03 individuals that had truckloads of scrap and were bringing

09:11:06 them in.

09:11:06 He also sets up a database in our RMS computer system for

09:11:14 officers and detectives to not only track the metal that was

09:11:16 being scrapped, the theft, and also the individuals that




09:11:19 were selling this metal.

09:11:22 And this is a problem that has actually skyrocketed

09:11:25 nationwide.

09:11:26 It's not just within the City of Tampa.

09:11:29 He has been before you several times and spoken on behalf of

09:11:31 the Tampa Police Department, made presentations to City

09:11:35 Council, and he was instrumental in drafting city ordinance

09:11:38 14.33 which makes it illegal for the scrappers to provide

09:11:42 false information to second-hand metal dealers.

09:11:45 He keeps in contact with surrounding counties.

09:11:48 The individuals don't know any boundaries.

09:11:50 So he makes them aware of who is operating in the City of

09:11:54 Tampa, and he's also aware of who is coming from other

09:11:58 counties into our area.

09:11:59 He started a metal theft task force, and he also, in

09:12:05 addition to handling his day to day caseload in district 3,

09:12:09 he is in constant communication with the scrap yards

09:12:11 throughout the City of Tampa, and has actually closed down

09:12:14 two of those, which is an example for all the other ones to

09:12:20 toe a straight line, and they have done that ever since

09:12:22 sheriff Hinsz has been on the case.

09:12:25 As a result of his actions -- and I know this may not

09:12:28 resonate a lot with the City Council, but it does with the

09:12:31 can chief of police -- our scrap metal thefts have been

09:12:34 reduced by 16%, and for the most part it's a single-handed




09:12:39 effort from Dan Hinsz, and this is the reason that he has

09:12:43 been named our Officer of the Month for December 2011.

09:12:46 Thank you, council.

09:12:47 [ Applause ]

09:12:56 >> I have had the opportunity to work with officer Hinsz

09:13:04 this year.

09:13:05 Great man.

09:13:08 It's a great service to this community.

09:13:09 On behalf of Tampa City Council, we would like to present

09:13:12 this commendation to you selected as Officer of the Month

09:13:16 for December 2011.

09:13:18 Congratulations.

09:13:18 >> Thank you, sir, very much.

09:13:21 [ Applause ]

09:13:24 >> Tampa PBA.

09:13:30 Congratulations.

09:13:31 On behalf of PBA, a $100 gift card.

09:13:38 [ Applause ]

09:13:39 >> Michael gill gore, Straz center for the arts.

09:13:42 I understand you are a music fan.

09:13:44 So we have tickets for a Broadway show tonight where Johnny

09:13:47 cash, Carl Perkins, Elvis Presley all ended up in sun

09:13:52 studios.

09:13:52 Have fun.

09:13:54 [ Applause ]




09:14:01 >> Steve Stickley representing Stepp's towing.

09:14:04 I'm happy to have Todd Stepp along with me this morning to

09:14:07 make these presentations over the years to firefighters and

09:14:10 police officers.

09:14:12 Without their support.

09:14:13 But on behalf of Stepp's towing we would like to present

09:14:17 this small token of our appreciation, and gift certificate

09:14:20 to Lee Roy Selmon's.

09:14:26 [ Applause ]

09:14:30 >> Representing Tampa Lowry Park Zoo, to express our

09:14:34 gratitude to you and to all your service to our community we

09:14:37 would like to invite you to come spend the day.

09:14:43 We appreciate everything you do.

09:14:45 [ Applause ]

09:14:45 >> Frank DeSoto representing Bill Currie Ford Lincoln.

09:14:50 On behalf of the curry family we would like to share with

09:14:52 council and our city, congratulate you on a job well done.

09:14:56 As a token of our appreciation, this watch is for you.

09:14:59 >> Thank you.

09:15:03 [ Applause ]

09:15:08 >>STEVE MICHELINI: He's a tough guy.

09:15:09 He's usually over here at City Council taking care of you

09:15:12 all out front.

09:15:13 Then he got relocated.

09:15:15 We are sorry to see him go but happy to see the other




09:15:19 officers there.

09:15:19 On behalf of Bern's, we are going to provide you with a gift

09:15:22 certificate to enjoy yourself at Bern's, prestige photos

09:15:25 will provide you with a family portrait, gift certificate,

09:15:29 to have your portraits taken and smile.

09:15:33 Congratulations.

09:15:33 >> Thank you, sir.

09:15:35 [ Applause ]

09:15:36 >> I'm not very good at public speaking, but I would like to

09:15:43 thank the City of Tampa, City Council, and the police

09:15:46 department for allowing me to do something I have enjoyed

09:15:48 for over 21 years and allowing me to stay around some more.

09:15:51 Thank you very much.

09:15:53 [ Applause ]

09:16:15 >>CHARLIE MIRANDA: We are going to go to item 2 on the

09:16:17 agenda.

09:16:18 And then we will go to the minutes to be put into the

09:16:22 record.

09:16:23 Ms. Mulhern will be making the presentation to David A.

09:16:35 Straz.

09:16:55 >>MARY MULHERN: Good morning, council, my friends and

09:16:57 colleagues on this Tampa City Council.

09:16:59 This morning we are recognizing one of Tampa's greatest

09:17:02 philanthropists, art collector, business leader and

09:17:06 supporter of our local arts institutions.




09:17:09 When I moved to Tampa after 15 years working in the

09:17:13 international art world, I didn't know the name Straz.

09:17:17 I knew the Prinsters in Chicago, the Carnegies in

09:17:23 Pittsburgh, the Rockefellers in New York, but over the years

09:17:26 since a family name started to appear around Tampa, and I

09:17:29 had the great pleasure of discovering that we had a

09:17:33 philanthropist of arts and culture in Tampa who belongs in

09:17:36 the ranks of those names of great families.

09:17:41 As this council has recognized, especially Councilwoman

09:17:44 Capin, with the formation of the cultural assets committee,

09:17:48 arts are not only an economic driver, but they are what

09:17:54 create the identity and the pride we have in the place that

09:17:58 we live, and in our city.

09:18:02 Our cultural institutions would not be able to exist or to

09:18:05 grow without the generosity of patrons like David R. Straz,

09:18:12 Jr. and his family, and we have to thank him for the example

09:18:15 that he sets, too, because we have many other generous names

09:18:20 and families in this community, but the prominent -- the

09:18:27 great generosity that you have shown is only -- encourages

09:18:33 others to do the same.

09:18:35 Some of us are familiar with ambassador Straz's many

09:18:41 accomplishments in the Tampa area.

09:18:42 Many of us are not aware of his numerous other

09:18:44 accomplishments outside of this area.

09:18:46 He serves on the board of the New York metropolitan opera




09:18:50 company, supports the Sinje Polytechnic school in Liberia

09:18:57 and serves as personal adviser to the president of Liberia,

09:19:02 Lynn Johnson who has recently received the Nobel peace

09:19:08 prize.

09:19:08 This is the fun part of our job.

09:19:12 We present this morning to the honorable David A. Straz,

09:19:17 Jr., the highest recognition of the Tampa City Council this

09:19:20 come commendation.

09:19:22 While ambassador Straz has received recognition and awards

09:19:25 for his great philanthropic work and successes in the

09:19:29 business community, today it's our turn, and it is an honor

09:19:32 to recognize him.

09:19:33 Because ambassador Straz is basically a shy person, these

09:19:37 kinds of recognitions make him uncomfortable at times.

09:19:41 Well, David, if I may call you David, if our community

09:19:45 cannot continue to recognize you and Mr. Straz for all that

09:19:48 you do for our community

09:19:53 While your philanthropic contributions are known to many,

09:19:57 few are aware of the significant contribution you make in

09:20:00 the business world as an independent thinker.

09:20:03 Your leadership on the board of the alliance for responsible

09:20:07 Cuba policy has been courageous and forward thinking and has

09:20:10 contributed to the opening up of Tampa's historic ties to

09:20:14 our nearest foreign neighbor.

09:20:16 I know I speak for all my colleagues this morning when I




09:20:18 say, please do not ever hesitate to give us your sage

09:20:23 counsel on matters you determine important to our great

09:20:25 city.

09:20:26 I know you helped so much with the budget, and it was a very

09:20:32 important contribution and made it easier for not only the

09:20:36 mayor to present that to us, but for us to be able to

09:20:39 support the budget this year.

09:20:43 And you are going to have to stand here a little longer

09:20:48 because we have asked a few of your friends from the

09:20:50 University of Tampa, the Straz center for the performing

09:20:53 arts, the Lowry Park Zoo, and the alliance for responsible

09:20:57 Cuba policy to share with us something about your

09:21:01 contribution to their institution.

09:21:04 But before I ask them up, and before I give you this

09:21:07 wonderful commendation, we have a special guest who just

09:21:11 arrived who has something to present to you.

09:21:21 [ Applause ]

09:21:31 >> MAYOR BOB BUCKHORN: Mr. Chairman.

09:21:49 It's even tougher to hide when you are sneaking a key to the

09:21:52 city.

09:21:53 But council member, thank you for initiating this and thank

09:21:56 you for asking me to participate in this.

09:21:58 I couldn't think of anybody more fitting of this

09:22:01 recognition, the recognition of the City Council and

09:22:04 certainly I can tell you, this is a fellow that when I took




09:22:09 office on April the 1st facing a pretty significant

09:22:12 deficit, he stepped up and he said, I want to help.

09:22:17 Just put me to work.

09:22:18 I don't need anything, I don't want anything, I don't want

09:22:20 any accolades, I definitely don't want to see my name in the

09:22:24 paper.

09:22:25 [ Laughter ]

09:22:25 But I want to help because this is my city.

09:22:28 This is where I made my home, this is where I am raising my

09:22:31 child.

09:22:32 I want to be a part of this turning of the page of this

09:22:36 community, and I want to do whatever I can do to help.

09:22:38 So during that six-month period as we struggled every day

09:22:42 with that budget trying to find a way to get it down to

09:22:45 something more manageable to present to you, David was

09:22:48 there, shoulder to shoulder and he never strayed.

09:22:53 His business acumen was absolutely right on point.

09:22:55 He gave me a perspective that I didn't have, and that was

09:22:59 very, very valuable to me as we were going through this

09:23:02 process.

09:23:03 And so, David, thank you for all that you have done for this

09:23:06 city.

09:23:06 This is a man whose generosity knows no bounds.

09:23:10 Absolutely knows no bound.

09:23:12 He just wants to help, period.




09:23:18 Stuff like this really embarrasses him.

09:23:20 I know that.

09:23:20 Because I make it a point of embarrassing him on a regular

09:23:23 basis.

09:23:24 [ Laughter ]

09:23:24 But he doesn't want accolades, he doesn't want praise, he

09:23:28 just wants to do the right thing.

09:23:30 And so because of that, David, because I am a grateful mayor

09:23:33 representing a grateful city, and I think I speak for

09:23:37 everyone here today.

09:23:38 I see Ron Hytoff, Tampa General Hospital, everybody whose

09:23:45 lives he has touched.

09:23:47 There's no money with it, as now. But this is a key to the

09:23:49 city and also the key to our hearts.

09:23:52 Ambassador, my friend, David, thanks so much.

09:23:57 [ Applause ]

09:24:03 >>MARY MULHERN: Now I would like to invite Ron Vaughan to

09:24:17 speak from the University of Tampa.

09:24:22 And for those of you wishing to thank Mr. Straz, you can get

09:24:28 in line.

09:24:33 [ Laughter ]

09:24:35 >> It's going to be a long line, Mr. Chairman, council

09:24:40 members.

09:24:40 Again I'm pleased to be here in honor of David.

09:24:43 David has been an extraordinary businessman.




09:24:47 I think people know that, both prior to and since coming to

09:24:52 Tampa.

09:24:52 But my remarks really focused on him as an extraordinary

09:24:55 citizen.

09:24:59 He's been inducted into the Tampa Bay business Hall of Fame.

09:25:02 He's received multiple honors, honorary doctorates, multiple

09:25:07 of them as well for his service.

09:25:09 We know him as ambassador at large, honorary consul general

09:25:14 for both Liberia and Honduras.

09:25:16 He's helped people in those countries as well as helping

09:25:20 them in our state and our area and throughout the United

09:25:23 States.

09:25:25 David shared the Board of Trustees at both Marquette

09:25:29 university and the University of Tampa, a rare

09:25:33 accomplishment.

09:25:33 He served with distinction.

09:25:36 At UT, he has been honored with an America's designation

09:25:40 which we reserve for people who have truly served with great

09:25:44 distinction.

09:25:45 His name is on one of our residence halls.

09:25:51 Of course, Straz has generosity for other things that carry

09:25:57 his name.

09:25:58 I'm sure there will be following comment.

09:25:59 We are proud that he aided in the governmental transitions

09:26:02 in helping the community that we all care about, chairing




09:26:07 the Lowry Park Zoo behind me I see Tampa General's governing

09:26:13 board and serving in a number of other capacities there.

09:26:15 Indeed, David is an extraordinary person.

09:26:18 I'm proud that he's a dear friend.

09:26:20 Our community is much better because of him.

09:26:25 Thank you, David.

09:26:28 [ Applause ]

09:26:35 >> I'm Michael Jolgar with the David A. Straz, Jr, Center

09:26:41 for the Performing Arts.

09:26:42 On behalf of our president, Judi Lisi is in New York and the

09:26:45 rest of our staff, and some of my colleagues are here today,

09:26:47 I am honored to be here to speak a few words about the man

09:26:50 and the family who so generously donated to our center.

09:26:54 I knew the name already, the University of Tampa residence

09:26:58 hall that Dr. Ron mentioned that I can see from my office

09:27:01 window. But long before that gift I noticed the Straz name

09:27:04 in the metropolitan opera program, and I thought how cool it

09:27:07 was that somebody that lived in Tampa donated to the opera

09:27:10 in New York City.

09:27:12 David and his family are Tampa treasures.

09:27:15 They spread their contributions to where they will do the

09:27:17 most good.

09:27:18 And since we have announced the Straz gift a few years ago I

09:27:21 have come to know them a little bit.

09:27:23 I found out he had a world class art collection.




09:27:26 I found out that he was the honorary consul general to

09:27:29 Liberia and they moved to Florida to escape these cold

09:27:33 Wisconsin winters.

09:27:34 I know now -- this will embarrass you -- but I found out

09:27:37 that Mr. Straz's family are among the friend left, most

09:27:41 gracious and most humble people I have ever met.

09:27:44 While we very much appreciate the financial gift which

09:27:46 supports our institution and the endowment that every

09:27:49 institution needs to survive hard times, we also very much

09:27:52 appreciate his involvement on every level of our Performing

09:27:56 Arts Center.

09:27:57 The grand operas that we do and Broadway, but also Janet

09:28:01 Jackson concerts and stand-up comedy bits.

09:28:08 He serves on our board.

09:28:09 Mr. Straz, we are also grateful that you came out of the

09:28:15 cold to the sunshine.

09:28:16 Thank you.

09:28:17 We saw a sign on the expressway about Lee Roy Selmon that

09:28:21 said he gave us his name, he will honor for the ever.

09:28:24 For the Straz family, we hope we can make you proud of your

09:28:31 involvement with us.

09:28:33 [ Applause ]

09:28:33 >> My name is Craig Pugh, Executive Director, CEO Tampa's

09:28:46 Lowry Park Zoo.

09:28:47 And David Straz has been profoundly influential,




09:28:49 instrumental in helping to keep Lowry Park Zoo strong as an

09:28:53 employer of some 300 men and women.

09:28:55 It's excellence with animal care, care for the wildlife in

09:28:59 general, in particular the Florida Manatees.

09:29:01 In fact, our Manatee hospital is named in David's honor.

09:29:04 We are proud also that the zoo merits engagement by

09:29:07 Catherine and Keebler, support and involvement in so many

09:29:15 levels throughout the zoo.

09:29:16 David spearheaded efforts to grow our investment some five

09:29:20 fold during David's tenure.

09:29:22 As a community leader with local pride in Tampa, certainly

09:29:26 international relations, despite being an accomplished

09:29:27 business leader, your humility, and David helped keep the

09:29:36 zoo strong not because David told us what to think but how

09:29:38 to think as a business leader and as what we should be as a

09:29:42 cultural facility to keep Tampa an extraordinary community.

09:29:46 And for that, all of us at Tampa's Lowry Park Zoo are

09:29:49 extraordinarily grateful.

09:29:50 Congratulations.

09:29:52 [ Applause ]

09:30:03 >> John Hytoff, CEO of Tampa General.

09:30:09 I didn't know I was going to speak when I arrived.

09:30:13 I had my senior executive team going to have a meeting

09:30:17 earlier this morning, to go down to City Hall, see what's

09:30:20 going on with our leader.




09:30:22 David Straz, not too many people know this, is the chairman

09:30:25 of the board of Tampa General Hospital, yet is the chairman

09:30:30 of board just since October.

09:30:31 In that brief couple of months, extraordinary events have

09:30:36 occurred in working with him.

09:30:38 I worked now I guess for five chairmen, and it's great to

09:30:44 work with someone who has such tremendous management acumen,

09:30:50 who is, I think, a born leader, and has given untold hours I

09:30:56 know to the city, but to Tampa General as well.

09:30:59 It's surprising to me.

09:31:00 Also, I want to point out that Catherine is a member of our

09:31:03 foundation, and she served on our foundation for many years.

09:31:08 So the Straz family is really part of our family, Tampa

09:31:12 General family, and it's just fun to be here and

09:31:16 participate.

09:31:17 So thank you very much.

09:31:18 [ Applause ]

09:31:34 One second.

09:31:36 >>CHARLIE MIRANDA: I thought weren't going to speak.

09:31:37 >> Keebler is, I'm not sure how many hours were accumulated.

09:31:52 Been working almost a year for Tampa General.

09:31:53 And I tell you, this is absolutely true because I checked on

09:31:58 her.

09:32:01 She's done an excellent job.

09:32:02 She works hard and has a great attitude, positive attitude.




09:32:07 So the whole family is involved.

09:32:09 Thank you very much.

09:32:11 [ Applause ]

09:32:12 >>MARY MULHERN: I just want to say, I guess I haven't been

09:32:15 Googling Straz every day to see what other contributions.

09:32:20 I'm sorry that I didn't know that you were the president of

09:32:28 the bettered of the hospital.

09:32:30 >> Mr. Chairman and members of City Council, I want to share

09:32:33 something with you all that very few people know.

09:32:38 I'm David Straz's financial adviser.

09:32:43 [ Laughter ]

09:32:49 But I want to share a couple of things with you that perhaps

09:32:53 you don't know.

09:32:54 One, David is a member of the Hole in One Club and he made a

09:33:03 hole in one at Memorial and it's a 100 year honor tradition

09:33:07 that when you make the hole in one you buy drinks for

09:33:10 everyone on the golf course that day.

09:33:12 And as we are walking across the foot path and people are

09:33:16 screaming from one fairway to the other, who made the hole

09:33:20 in one?

09:33:20 Mr. Straz.

09:33:23 Dave!

09:33:26 And we are walking across and he says, How does this hole in

09:33:30 one thing work?

09:33:31 I said, Well, it's a great honor, you made a hole in one,




09:33:34 it's a rare occasion, and you have to buy drinks for

09:33:37 everyone in the clubhouse.

09:33:38 And just like that he says, Well, why don't they buy me the

09:33:43 drinks?

09:33:44 [ Laughter ]

09:33:45 On a more serious note, very few people know that David has

09:33:55 been very instrumental in helping us get flights from Tampa

09:34:01 to Cuba.

09:34:02 He's personally participated in some of them.

09:34:04 And I want to just share a little story with you, that we

09:34:09 would bring people to Tampa non-stop from here to Havana,

09:34:15 and this is when you could take private planes.

09:34:17 And we had this Republican senator from Oklahoma I said

09:34:24 named Senator Inhofe.

09:34:27 He was going to Cuba.

09:34:28 He comes down here the night before, takes tour of

09:34:30 MacDill, we were supposed to leave at 10:00 in the

09:34:33 morning, non-stop to Havana.

09:34:34 We have three planes going.

09:34:36 One of the planes is David's plane, and two planes from

09:34:40 Oklahoma.

09:34:41 Everything was done, everything was in order, and the next

09:34:45 thing you know, one of the pilots says, well, we can't go

09:34:48 because everything is not in order.

09:34:50 So the senator comes to me and says, a senior member of the




09:34:54 armed services committee, the chairman of the environment

09:34:57 committee, United States Senate, and we are huddling around

09:35:01 here, and David walks up and looks at Ronald, and says

09:35:05 everything is in order, all the p paperwork is in order.

09:35:08 Now, in that environment, who is more important to me?

09:35:10 It's not Senator Inhofe.

09:35:14 It's David Straz.

09:35:15 So see an argument ensuing and I look at the tarmac, and the

09:35:23 senator's office says, we have to do this, and my pilot says

09:35:26 that, and the staff says this.

09:35:28 And I said, Senator, I'm telling you, we have done this

09:35:31 meantimes and everything is in order.

09:35:33 And so he says, well, I'll call Colin Powell and we'll solve

09:35:38 this.

09:35:38 And I look at the tarmac and I only see two planes.

09:35:41 And I thought, David got upset, took his plane, put it in

09:35:44 the hangar and went home.

09:35:46 And so I asked the lady that runs the paper, What happened

09:35:48 to that plane?

09:35:49 And, oh, he's halfway to Havana.

09:35:54 [ Laughter ]

09:35:55 And so the thing about Straz is when he puts his heart into

09:35:59 something, he knows what he's doing.

09:36:02 But if I can leave you with one thing.

09:36:09 I don't know the word to say, your biggest characteristic,




09:36:12 your strongest quality, is that you are a great listener, a

09:36:19 great listener, and that's the quality that most of us --

09:36:21 >> I learned that from my wife and daughter.

09:36:21 (Laughter and applause.)

09:36:37 >>MARY MULHERN: I present you with this commendation.

09:36:38 I think we already read most of it so I am going to hand it

09:36:42 to you.

09:36:46 Obviously from all these speeches there's so much that you

09:36:48 do, that your family does that we don't even know about.

09:36:51 So thank you for your contributions to Tampa.

09:36:53 >> David Straz: Thank you.

09:36:57 I appreciate that.

09:36:58 [ Applause ]

09:36:59 Well, don't expect to the be too long.

09:37:16 Lunch is around the corner.

09:37:18 [ Laughter ]

09:37:20 I don't know where to begin, with just a general thanks.

09:37:27 Thanks to everybody.

09:37:29 Mr. Mayor, thank you.

09:37:32 Jane, Tom, thank you for being here, everybody else.

09:37:36 This is a great experience for me.

09:37:40 And I'm happy to be here.

09:37:45 My friends, members of the City Council, please accept my

09:37:51 deepest gratitude for this recognition.

09:37:56 I'm immensely honored to be here today.




09:37:59 My wife Catherine, whom you have met, and our daughter

09:38:03 Keebler and I have been so happy to be a part of the City of

09:38:07 Tampa, the community that we love.

09:38:11 We have been blessed to be members of this generous

09:38:12 community, to have witnessed the establishment of success of

09:38:20 so many of our city's leading institutions, and especially

09:38:25 to have found so many dear and caring friends with whom to

09:38:29 share our interests and our passions.

09:38:35 To the Straz family, giving back is and has always been a

09:38:40 high priority, and we are thankful that we have been able to

09:38:44 contribute in some way to the impressive strides made at the

09:38:49 University of Tampa, the Performing Arts Center, the Lowry

09:38:53 Park Zoo, Tampa General, and a number of other organizations

09:38:59 that are all dedicated to improving the lives of our fellow

09:39:03 citizens.

09:39:06 It is especially gratifying to know that in our efforts, we

09:39:10 are joined by legions of other generous citizens who are

09:39:14 working hard every day to make our city a better place in

09:39:19 which to live, in which to raise our children, and in which

09:39:25 to do business.

09:39:27 It has been our sincere privilege to play a positive role in

09:39:31 Tampa's future, and we are thankful to be able to leave a

09:39:35 legacy that will benefit everyone.

09:39:38 Once again, please accept my heartfelt thanks to my friends

09:39:42 on the City Council and all other friends here for this




09:39:46 wonderful recognition.

09:39:47 Thank you very much.

09:39:51 [ Applause ]

09:39:53 >>CHARLIE MIRANDA: Thank you all very much.

09:40:16 I really appreciate all of you attending for an honor to an

09:40:19 individual who has given much, Mr. David Straz.

09:40:23 Thank you all very much for attending.

09:40:24 We go now, I need to approve the minutes for the special

09:40:28 called meeting of December --

09:40:29 >> So moved.

09:40:31 >> Second.

09:40:32 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

09:40:34 Cohen.

09:40:34 All in favor?

09:40:36 The Ayes have it unanimously.

09:40:37 I need approval of the agenda.

09:40:38 >> So moved.

09:40:42 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

09:40:44 Second by Mr. Suarez.

09:40:45 >>MIKE SUAREZ: I just wanted to make sure you have it

09:40:50 right.

09:40:51 >>CHARLIE MIRANDA: Thank you very much.

09:40:52 All in favor of that motion, please indicate by saying aye.

09:40:55 Opposed, nay.

09:40:56 The Ayes have it unanimously.




09:41:00 We go now to item number 3.

09:41:03 Well, public comments first.

09:41:04 Let me do that.

09:41:05 Anyone in the audience care to speak on any item on the

09:41:08 agenda first?

09:41:09 Any item on the agenda first?

09:41:12 Got to be an item on the agenda.

09:41:16 And then we will go to nonagenda items.

09:41:19 We have positive minutes for that.

09:41:20 >> Pete Johnson, 510 Harrison street.

09:41:23 I live in the City of Tampa now.

09:41:35 >>CHARLIE MIRANDA: Thank you for moving.

09:41:36 [ Laughter ]

09:41:37 >> I have a question on item number 51.

09:41:39 It's a minor little thing.

09:41:41 It's only $300.

09:41:46 For acquisition of a temporary construction easement to

09:41:48 Deeper Life Christian church.

09:41:52 My question is, is there any way we can get around this?

09:41:57 Deeper life has more code violations and thousands and

09:42:00 thousands of dollars that are due this T city for code

09:42:03 violations.

09:42:05 I cannot see in any realm even giving this church, this

09:42:10 organization, one single penny unless they can comply with

09:42:15 the rules and regulations of the City Council has set aside.




09:42:21 $300 is not a lot.

09:42:23 It's the principle.

09:42:25 Thank you.

09:42:28 >>CHARLIE MIRANDA: Thank you very much.

09:42:28 Next, please.

09:42:32 >> My name is Betty Bails, I live at 3003 Star Street,

09:42:37 Tampa, Florida. 33605.

09:42:42 I live in Highland Pines and represent East Tampa.

09:42:45 This morning, I am here because when I was here December

09:42:48 1st, I told about three places that have prostitution in

09:42:54 my neighborhood.

09:42:54 And I also said at that time that East Tampa has the problem

09:42:58 all over.

09:42:59 But this morning, I have to say that I have it on my block

09:43:06 and that is Star Street and 21st Avenue.

09:43:09 And I just wanted to make sure that it was in the record

09:43:11 that this here is in my community and I want it stopped.

09:43:16 Thank you.

09:43:17 >>CHARLIE MIRANDA: Thank you very much.

09:43:18 Next, please.

09:43:18 >> Good morning, honorable council.

09:43:24 Pastor Simms, chairman of East Tampa partnership, also the

09:43:27 East Tampa community advisory committee.

09:43:30 I'm here to support item 62 on your agenda, the second

09:43:33 reading with the prostitution and drug ordinance.




09:43:36 I think it's very important that we continue this process,

09:43:39 and your vote, your wisdom going forward and to adopting

09:43:43 this ordinance.

09:43:44 We need to give the police the tools to take some of the

09:43:54 things out of our community.

09:43:55 I think I speak for the total 15 presidents, representatives

09:43:59 of East Tampa partnership.

09:44:00 And we just hope you guys as you go forward on the second

09:44:04 reading that this ordinance will be passed, and then we will

09:44:08 see changes within our community that has plagued us at this

09:44:11 time.

09:44:11 Thank you.

09:44:12 >>CHARLIE MIRANDA: Thank you very much.

09:44:13 Next, please.

09:44:13 >> Good morning, City Council.

09:44:17 My name is Samuel Mobley, president of East Tampa crime

09:44:25 watch.

09:44:25 I would like to address item 62 on the agenda.

09:44:29 I am going to say the obvious because the problem that we

09:44:31 are having in our neighborhood.

09:44:33 I would just like to show you a picture of something.

09:44:36 This is a picture of drug activities and prostitution.

09:44:45 >>CHARLIE MIRANDA: Turn it around.

09:44:46 The other way.

09:44:47 >> You will notice a lot of cars.




09:44:52 Now, I stay two houses from here.

09:44:59 This happens at 4238 Cayuga.

09:45:03 Now this happened this year.

09:45:06 We have a problem with drugs and prostitution.

09:45:08 And I just want you to see this, and also I would like you

09:45:13 to see -- we had a drug March in Rainbow Heights, about the

09:45:22 same problems of drugs.

09:45:23 Also, she led the drug March.

09:45:32 She personally came to my house.

09:45:36 So what I'm saying to you, to the councilmen, I appreciate

09:45:40 if you all take this into consideration.

09:45:43 And I do realize -- and I know this type of activity will

09:45:50 happen in your neighborhood, right up under your nose, that

09:45:53 you would be concerned also.

09:45:55 Thank you very much.

09:45:59 >>CHARLIE MIRANDA: Thank you very much.

09:45:59 Next, please.

09:46:00 >> My name is Chris Evers, regional manager for EJ Breneman,

09:46:05 one of the bidders on the Cold-in-Place recycling contract,

09:46:10 item number 71 on the agenda.

09:46:11 EJ has been the successful bidder for every CIR bid since

09:46:16 2001 and helped the city to implement the technology we have

09:46:19 been pioneering since 1983.

09:46:22 Several previous attempts in other years have been made by

09:46:25 in experienced contractors to bid the contract with




09:46:28 abnormally low prices to entice the city to use an

09:46:31 unqualified and nonresponsible bidder.

09:46:34 It is the intent of E.J. Breneman today to appeal to the

09:46:37 City Council that the recommendation for award for item

09:46:41 number 71 be rejected and the project be rebid and our

09:46:45 decision stems from our review of the apparent low bidder

09:46:49 submittal which contains numerous misstatements.

09:46:53 And a unique process called Cold-in-Place recycling which

09:46:58 requires equipment as well as personnel.

09:47:01 We performed this each of the last ten years, in fact

09:47:04 winning a wards.

09:47:05 Due to the rigorous requirements of this process, the City

09:47:08 of Tampa opted to include several stipulations in the bid.

09:47:12 One such stipulation is that the bidders supply the list of

09:47:15 references showing processes that have been successfully

09:47:20 completed by the bidder today.

09:47:21 Neither road Bay management, Inc., nor second place asphalt

09:47:26 paving systems have showed adequate experience in Florida

09:47:28 using this process, but furthermore, roadway management,

09:47:31 Inc., the low bidder employed deceptive tactics when it

09:47:36 included references labeled as CIR projects.

09:47:38 In fact two of these projects were completed prior to the

09:47:42 Hubbard acquisition using equipment no longer owned by the

09:47:44 company.

09:47:45 Furthermore, both projects required substantial remedial




09:47:48 work to correct material defects in their workmanship.

09:47:52 The other project reference is the Hubbard CIR project was

09:47:55 originally bid at CIR but was changed for another process

09:48:02 altogether by Hubbard.

09:48:04 Another is the bid items for the purposes of securing the

09:48:07 work, the cement bid item, in particular, was priced below

09:48:12 cost and substantially below the other two bidders.

09:48:20 The cement is rarely used in this project.

09:48:23 The other issue is that both E.J. Breneman and the other

09:48:27 bidder asphalt paving system both own the necessary

09:48:30 equipment to perform the work.

09:48:31 Roadway management does not.

09:48:33 So in our conclusion, we feel like they should not be

09:48:37 awarded the bid.

09:48:38 Thank you very much for your consideration.

09:48:39 >> I'm Ed Tillou.

09:48:52 I thought I would start out with item 28 which I wanted to

09:48:55 underscore is a good direction waste from energy.

09:48:59 It makes people like me that generate, use a lot of paper,

09:49:03 feel less guilty.

09:49:04 But in truth, in the world of engineering, where a lot of

09:49:08 this came from was actually-foods.

09:49:16 People used to work from raw vegetables and there was a lot

09:49:18 of moisture and most of the things now come in paper or

09:49:23 waxed cardboard and things like that so they burned very




09:49:26 well.

09:49:26 That might actually be expanded, that complex, to include a

09:49:31 site for distribution of liquid natural gas for fleet use.

09:49:38 Basically, this is one of the things that was important to

09:49:42 Mr. Armijo who is not here anymore, and also trucks, trucks

09:49:50 to run, to keep the food prices down.

09:49:53 Okay.

09:49:55 The next item, which apparently the city is installing by

09:50:01 that water thing down in Sulphur Springs.

09:50:03 And those things are very, very good.

09:50:09 There were good California ideas as opposed to many bad

09:50:12 ideas that come from California.

09:50:13 And something that works, already I have seen the traffic

09:50:16 staying in lanes much better.

09:50:17 It's much better for pedestrians.

09:50:20 Again, it's something that works in ways as speed tables,

09:50:26 that they are called, that no one really likes.

09:50:29 Speed tables really don't work.

09:50:30 They work, but then the cost of them is so high in ruined

09:50:34 suspensions.

09:50:35 And postage stamp size roundabouts.

09:50:37 Roundabouts have to be very detoured.

09:50:42 These are things that don't work.

09:50:44 Florida is very lucky to be able to have them like

09:50:47 California because the snowplows don't take them out.




09:50:52 There's a thing here about banning cell phones, a $30 fine.

09:50:56 The problem I think with the impounding is that the fines

09:51:00 are so enormous.

09:51:02 I don't think judges are going to inflict that on a lot of

09:51:05 people.

09:51:06 I think to a large extent it's an unworkable ordinance.

09:51:10 And another thing that I think goes with it is that after

09:51:15 dark, or maybe 9:00 or 10:00 at night the fines should be

09:51:18 lower because the key thing to that is the kids.

09:51:21 (Bell sounds)

09:51:22 And, you know, the people, the good citizens -- I think that

09:51:31 a fine during the day maybe could be $500 but then at night

09:51:35 after 9:00 or 10:00, half that.

09:51:37 So I think that would make it a more workable ordinance.

09:51:43 Anyway, yeah, it's not as bad as it was.

09:51:47 I was here, I was away for nine years.

09:51:49 I live off Nebraska.

09:51:51 I lived off Nebraska at that time and --

09:51:56 (Bell sounds).

09:51:57 >>CHARLIE MIRANDA: Thank you very much.

09:51:57 Next, please.

09:52:12 Let's go.

09:52:12 >> Good morning.

09:52:14 I appreciate the time.

09:52:15 My name is Bob Siffert with Asphalt Paving Systems and also




09:52:19 want to reference item number 71 which is the Cold-in-Place

09:52:23 recycling project.

09:52:24 I reiterate some things that another one of our competitors

09:52:28 said earlier.

09:52:29 There's definitely some things that the City Council should

09:52:31 be very concerned about with this bid.

09:52:32 And I just want to take a few minutes to point out a few of

09:52:35 those.

09:52:36 Unfortunately, passed up the opportunity to protest this bid

09:52:39 because we assumed that the low bidder would be disqualified

09:52:42 for failure to comply with the bid specifications.

09:52:45 We reviewed the RMI bid submittal shortly after the bid

09:52:48 opening and found they were not self performing the required

09:52:51 51% that was listed in the city's bid specifications.

09:52:55 That's page 1 of that package that you got there, a

09:52:59 requirement for the 51%.

09:53:03 At this point, when we saw this, it seemed obvious this

09:53:07 would be a good cause for the city to reject the RMI bid but

09:53:11 apparently that didn't happen and that's what brings us here

09:53:13 today.

09:53:13 There are a few major points that I want to articulate for

09:53:16 you this morning.

09:53:17 One, RMI did not meet that 51% self-performance requirement.

09:53:21 Two, RMI misled the city staff regarding their experience

09:53:26 with Cold-in-Place recycling, one of the primary components




09:53:29 of this bid.

09:53:30 And three, rebid of this would likely result in a

09:53:39 significant savings to the city in the market that we are in

09:53:41 right now.

09:53:42 The bid documents as I mentioned before required the prime

09:53:45 contractor to self-perform 51% of the work.

09:53:50 That's the first page there.

09:53:51 RMI clearly lists subcontractors performing more than 49% of

09:53:55 the work so they could no way be performing the 51.

09:53:59 That's page 2 of that package.

09:54:02 There you can add up the percentages that RMI submitted with

09:54:04 their bid.

09:54:06 Subcontractors are performing far too much work.

09:54:09 APS listing of subcontractors is on page 3 and that shows

09:54:12 that we will be self-performing it 6.8% of the work, so we

09:54:17 absolutely complied with that bid specifics.

09:54:20 The fact that RMI is not self-performing the minimum

09:54:23 requirement of 51% has given them an unfair advantage.

09:54:27 If APS sought out sub quotes just-like as RMI did then our

09:54:34 bid would have been significantly lower.

09:54:35 But APS felt it was important to comply with the city's

09:54:39 specifics and now it seems that our efforts to comply with V

09:54:42 cost us the job.

09:54:44 Simply stated, if RMI is going to be held to the -- is not

09:54:48 going to be held to the 51% requirement, then this should be




09:54:51 waived for all bidders in order to preserve fairness.

09:54:55 The last point that I want to discuss this morning is the

09:54:58 experience claims that RMI has made to city staff in order

09:55:00 to prove their capabilities to perform the work.

09:55:03 RMI has misled the city in their qualifications package that

09:55:08 they submitted, and additionally they have misled the city

09:55:13 in recent communications.

09:55:16 (Bell sounds).

09:55:17 >> thank you very much.

09:55:18 >> Regarding our experience.

09:55:21 >>CHARLIE MIRANDA: Thank you very much.

09:55:22 Next, please.

09:55:22 >> Good morning.

09:55:27 My name is Randy Shane with roadway management.

09:55:31 We were the successful bidder on the item 71, cold in place

09:55:37 recycling.

09:55:38 I just want to say a short few words.

09:55:41 We are a subsidiary of Hubbard construction company, one of

09:55:46 the oldest and largest roadway builders in the state of

09:55:57 Florida, and also we were the most responsive, lowest and

09:56:04 most responsive bidder, and fully capable of performing this

09:56:09 work, and respectfully request that the city award this

09:56:13 contract per the terms of the bid documents.

09:56:19 And my final comments, our references were checked by city

09:56:23 staff, the engineers.




09:56:29 They called some of the -- our bids from the past.

09:56:38 They called Orange County and other places and checked our

09:56:43 references, and they were checked with flying colors.

09:56:46 But, again, I appreciate your time.

09:56:50 Good day.

09:56:52 >>CHARLIE MIRANDA: Thank you very much.

09:56:52 Next, please.

09:56:53 >> Good morning, Mr. Chairman.

09:56:59 Mr. Shimberg and Mr. Shelby.

09:57:01 My name is Don Rhode, located at 412 Madison street.

09:57:04 Chairman Miranda, back in October and several times since

09:57:07 both in writing and in person, I proposed several changes to

09:57:11 the municipal code of the City of Tampa.

09:57:14 On December 1st, with no opposition, council passed a

09:57:18 motion requesting that the legal department make a

09:57:24 presentation at your January 19, 2012 meeting regarding any

09:57:29 proposed changes to the code that might be working their way

09:57:32 through the legal department at that time.

09:57:34 Later that night, about 30 additional arrests were affected

09:57:38 by the Tampa Police Department at the Occupy Tampa protest

09:57:42 site over on Ashley street.

09:57:44 These arrests have had a chilling and muzzling effect on

09:57:48 protest, assembly and speech in the City of Tampa.

09:57:54 The amendments that I proposed affect the rules that those

09:57:58 arrests were based upon.




09:58:02 While the arrests added up and the story has evolved

09:58:04 somewhat, my proposal remains essentially the same.

09:58:07 First, when it becomes illegal to assembly on a sidewalk,

09:58:12 the definition of what makes it illegal should be clearly

09:58:15 articulated in the ordinance itself.

09:58:18 Second, no person should be prevented from placing an item

09:58:24 on public property subject to having that item confiscated,

09:58:32 being in prison and placed on probation and fined unless

09:58:36 there's some reasonable provision within the ordinance for

09:58:40 the amount of what they placed and how close they have to

09:58:44 remain to it.

09:58:45 Third, council should reexamine the notion that the city's

09:58:50 parks have to close at any particular time when that real

09:58:54 estate, which is very much cherished, very valuable, is

09:58:58 being diminished in its value by the artificial closing

09:59:03 times.

09:59:05 Please consider that these three items would supplement and

09:59:10 are consistent with what's already codified into the local

09:59:12 law here known as the City of Tampa human rights ordinance.

09:59:17 Tampa's hosting of the national nominating convention this

09:59:20 summer is a good reason, and maybe not the best reason but a

09:59:24 very good reason to work on proposed language now.

09:59:28 You do not have to wait on your legal department to act.

09:59:32 You can do something immediately on your own to propose some

09:59:34 sort of measure.




09:59:37 Protestors have already been arrested.

09:59:39 They are already under the threat of criminal prosecution,

09:59:43 and for charges in some instances that stem from the local

09:59:45 ordinances that are more serious than just the local

09:59:47 ordinances.

09:59:49 Thank you for your time.

09:59:51 And if I am allowed to speak at the other end of the

09:59:53 meeting, I would like to come back and finish my remarks.

09:59:56 >>CHARLIE MIRANDA: Thank you very much.

09:59:57 Anyone else care to speak on public comments at this time?

10:00:04 >> Susan Long, 921 East Broad Street.

10:00:11 Ways doing my homework over the last week.

10:00:13 The county of Hillsborough charges $11 and change per month

10:00:18 for two-time-a-week pickup of solid waste, once a week

10:00:24 pickup of recycling, and they provide two recycling bins.

10:00:28 We get one.

10:00:29 And once a week consistently once a week yard waste pickup.

10:00:34 We are charging 25 and change, and talking about having it

10:00:39 rise to 35 to though. County is saying their rates are

10:00:42 going to have to rise.

10:00:43 They are saying if everything goes wrong, they are going

10:00:46 raise theirs up to what ours currently are and they are

10:00:49 going to do it over the next five to six years.

10:00:51 What is the matter with the City of Tampa that we are

10:00:54 charging one and a half to two times what the county does to




10:00:59 provide the exact same service?

10:01:02 Maybe it's time for the City of Tampa to privatize as the

10:01:07 county has done.

10:01:07 Thank you.

10:01:09 >>CHARLIE MIRANDA: Thank you very much.

10:01:09 Anyone else?

10:01:15 Okay, anyone here from the Planning Commission?

10:01:17 >> Good morning, Chairman Miranda, council members.

10:01:26 Steven Griffin, Hillsborough County Planning Commission.

10:01:31 Unfortunately, Mr. Hunter was unable to make it this morning

10:01:33 so I am going present in his stead.

10:01:35 The reason I'm here this morning is I want to let you know

10:01:42 the Planning Commission staff has been working with the city

10:01:45 staff for the past six months through a multi-jurisdictional

10:01:47 process to review and understand the changes to the growth

10:01:50 management law.

10:02:00 As assistant city attorney Julia Cole presented to you in

10:02:05 November, there have been some significant changes in the

10:02:05 growth management law with the passage of House Bill 7207,

10:02:06 and the Planning Commission staff has been reviewing these

10:02:08 changes and the effects on the Tampa comprehensive plan.

10:02:12 With these recent changes in the law, the Tampa City Council

10:02:16 now has the unique opportunity to take control of their

10:02:20 comprehensive plan as opposed to being mandated by the State

10:02:24 of Florida.




10:02:25 And to let you know, you do have a really good comprehensive

10:02:28 plan, which really doesn't need to have a lot of changes

10:02:32 made to it.

10:02:33 But it can be enhanced to reflect the economic prosperity,

10:02:37 economic development potential in the City of Tampa.

10:02:41 Just as an example, the changes in the law no longer limit

10:02:46 the twice a year opportunity to amend the comprehensive

10:02:50 plan.

10:02:50 With that, the Planning Commission recently revived its

10:02:54 planning amendment procedures manual that will provide for

10:03:00 four amendment submittals per calendar year along with the

10:03:04 submission of any small plan amendment at any time during

10:03:07 the calendar year.

10:03:09 Along with this, we have consolidated the plan amendment

10:03:12 procedures manual from four separate jurisdictional

10:03:15 procedures manual into one procedure manual.

10:03:18 This will make it easier to understand the amendment

10:03:21 process, it will facilitate a smoother process in

10:03:26 streamlining, and also provide some cost savings in the

10:03:29 amendment process.

10:03:32 The Planning Commission staff shall be working with your

10:03:35 staff in the city to review your comprehensive plan and

10:03:39 begin to make the comprehensive plan a visionary document,

10:03:44 make a less regulatory document, and allowing the city land

10:03:48 development regulations to regulate the planning process and




10:03:51 the comprehensive plan to be the visionary document for the

10:03:55 City of Tampa.

10:03:56 Just to let you know, during the second half of 2011, the

10:04:01 Planning Commission conducted three studies looking at the

10:04:06 economic development prosperity and potential of the

10:04:08 comprehensive plan in Hillsborough County.

10:04:10 And as a result of that we have produced three reports with

10:04:20 evaluation of Hillsborough County's comprehensive plan, and

10:04:23 we shall be presenting the findings of these reports to you

10:04:27 earlier in 2012.

10:04:29 The Planning Commission staff is planning on working with

10:04:31 your staff in the city to do a similar evaluation of City of

10:04:35 Tampa's comprehensive plan to enhance the economic

10:04:39 development potential of your comprehensive plan.

10:04:42 And just one of those evaluations we will be looking at, the

10:04:48 economic development area in the City of Tampa, and how your

10:04:51 comprehensive plan can enhance the economic development

10:04:54 prosperity and potential in the City of Tampa, and we will

10:04:58 be bringing some amendments to you later on in the spring

10:05:01 and summer of 2012.

10:05:04 These are just a few of the opportunities that are provided

10:05:08 to you with the changes in the growth management law, and

10:05:12 that we as a Planning Commission hope to engage the city

10:05:15 staff and facilitating the vision of the City of Tampa that

10:05:19 you the City Council would like to promote and implement in




10:05:24 the comprehensive planning process to move the City of Tampa

10:05:27 forward in the coming years.

10:05:28 And that's just a brief understanding of what the changes in

10:05:32 the growth management law have for you and the City of

10:05:35 Tampa.

10:05:36 Again, we at the Planning Commission staff will be engaging

10:05:39 your staff to make sure that the Tampa comprehensive plan

10:05:43 reflects the changes in growth management law and moves

10:05:46 forward the vision of your City Council.

10:05:48 Thank you, council members.

10:05:51 >>CHARLIE MIRANDA: Thank you very much.

10:05:51 We really appreciate your work in conjunction with our

10:05:54 planners in the city and most appreciative what you have and

10:05:56 your staff are doing for us.

10:05:59 Thank you very much.

10:06:03 Dr. Morgan?

10:06:04 >> If I may, Dr. Morgan, thank you for being here this

10:06:08 morning.

10:06:08 Thank you, Mr. Chair.

10:06:10 Dr. Morgan joins us today from the USF health Alzheimer's

10:06:15 institute, and is its current chief officer and director.

10:06:21 I had the privilege of attending a reception at the opening

10:06:23 of the institute and the announcement of the USF health

10:06:27 partnership a couple of weeks ago, and I was so excited

10:06:31 about the work that they were doing there, led by Dr. Morgan




10:06:36 in the battle against Alzheimer's disease which affects so

10:06:39 many of our families including my own.

10:06:41 This is a very important subject to me, and it is very near

10:06:46 and dear to my heart.

10:06:49 As most of you know, I was absent from council just recently

10:06:53 because after 17 year battle with Alzheimer's disease, we

10:06:57 laid to rest my fiancée's mother.

10:07:00 His family was stellar in taking care of their mother

10:07:05 through this difficult time for 17 years.

10:07:09 So it is something that really touches me.

10:07:12 My own mother is now suffering with the disease, and I hope

10:07:17 that through the work at USF Byrd Alzheimer's Institute, and

10:07:22 the groundbreaking research that they are doing there, the

10:07:26 outreach to the community and bringing family members in for

10:07:30 assessment and help and support will make huge difference

10:07:36 going forward.

10:07:37 We are only at the tip of, I would say, an epidemic disease,

10:07:45 and many, many of us will experience this as baby boomers

10:07:50 age, will either be touched by it through our family members

10:07:54 or through the experiences ourselves.

10:07:57 So thank you so much for being here and sharing what the

10:08:02 Alzheimer's institute is doing in regard to preventing the

10:08:06 disease in the future and for dealing.

10:08:11 >> Thank you so much for providing me for this opportunity

10:08:16 to help spread the word about the significance of




10:08:19 Alzheimer's disease.

10:08:20 I want to talk about -- I have three take-home messages that

10:08:23 I will give you at the beginning today, and I promise to

10:08:25 keep this short.

10:08:26 The first one, Alzheimer's is absolutely devastating both to

10:08:30 the individuals and the family members of the people who

10:08:34 contract the disease and the economy of the State of

10:08:36 Florida.

10:08:37 Number two, the Byrd Alzheimer's institute is a unique

10:08:41 resource.

10:08:42 We are doing things that are not being done anywhere else in

10:08:44 the world.

10:08:46 Number three, I commit to you that we will be able to

10:08:49 prevent Alzheimer's disease by 2020.

10:08:53 The significance of Alzheimer's disease is absolutely

10:08:56 astounding, especially for the State of Florida.

10:08:59 There are five million individuals in the United States with

10:09:03 dementia.

10:09:04 Alzheimer's accounts for about three quarters of all

10:09:07 dementia cases.

10:09:08 And dementia is really an age-associated loss in overall

10:09:12 cognitive function to the point that you become almost

10:09:16 educated in your existence.

10:09:17 You lose your identity.

10:09:20 It's a terrible, devastating disorder.




10:09:24 There are 500,000 dementia individuals in the State of

10:09:30 Florida.

10:09:30 This is one in every 40 Floridians has this disorder.

10:09:34 The magnitude of this is still not appreciated in spite of

10:09:36 the fact there's increasing attention regarding it.

10:09:40 The cost to the State of Florida is about 17 billion dollars

10:09:45 annually in terms of the actual medical care for these

10:09:49 individuals.

10:09:50 The major cost of this is institutionalization.

10:09:54 There's one billion dollars that comes out of the state

10:09:58 covers at their share of just the Medicaid portion in caring

10:10:00 for these Alzheimer's patients.

10:10:02 That says nothing about the Medicaid portion in terms of

10:10:05 people who aren't in institutions.

10:10:09 This has tremendous impact on us.

10:10:11 And if we don't get our hands around it, it's going to

10:10:14 cripple us.

10:10:14 And the reason is because we are now entering into an age

10:10:19 where we have been successful in warding off diseases like

10:10:24 cardiovascular disease, cancer, infectious diseases, and

10:10:29 people are living to the risk of developing Alzheimer's.

10:10:31 The baby boomer generation is beginning to enter this age as

10:10:34 well.

10:10:34 We predict, if we don't do something about this, we will

10:10:37 double the numbers of these patients presently in the State




10:10:41 of Florida.

10:10:43 We are doubly enriched in terms of the number of Alzheimer's

10:10:47 patients that we have.

10:10:53 And because of that, we have twice as many as most other

10:10:56 states in the United States because of the age distribution

10:10:59 in the State of Florida.

10:11:00 That is the substantial reason why Florida has to take a

10:11:04 lead in fighting this disease.

10:11:06 The about Byrd Alzheimer's institute is the world's largest

10:11:10 free standing structure dedicated to ending this terrible

10:11:14 disorder.

10:11:15 (Bell sounds)

10:11:16 We have over 100,000 square feet of space.

10:11:19 And within this space we were doing something very unusual

10:11:21 for most medical facilities.

10:11:24 We have both physicians on the ground floor, and now on the

10:11:28 second floor of that building, seeing patients and testing

10:11:31 new ideas on how to treat those patients, and we have

10:11:34 research laboratories on the upper floors.

10:11:36 We have a mouse house in the basement where we have over

10:11:40 5,000 genetically modified rodents who developed many of the

10:11:44 same problems that we find in Alzheimer's patients so that

10:11:47 we can test our ideas on them first, and then move them

10:11:51 within the same building into the clinic down below.

10:11:54 This is what we mean by translational research, taking the




10:11:57 idea that we find in the laboratories and rapidly

10:12:00 accelerating the development into clinical testing

10:12:03 downstairs.

10:12:04 And it's really because of the fact that I see the clinical

10:12:08 staff and other researchers see the clinical staff on a

10:12:10 daily basis, that we are learning an enormous more about

10:12:13 this disease than if we had our doctors at Tampa General

10:12:15 Hospital and our researchers up on north Tampa campus trying

10:12:19 to do research on the same disorder.

10:12:22 We also have recently opened something that doesn't exist

10:12:24 anywhere else in the world, and this is what we are calling

10:12:27 the center for memory care.

10:12:29 But care is an acronym for clinical assessment research and

10:12:33 education.

10:12:33 And this facility has more services for Alzheimer's patients

10:12:38 and their families under one roof than any other place in

10:12:41 the world.

10:12:43 We not only have a multi-specialty clinic to diagnose and

10:12:47 treat the disease, we also have an educational facility that

10:12:51 we can give training to first responders about how to

10:12:55 interact with dementia patients, the health care

10:12:58 professionals.

10:12:59 We have an education resource center that provides

10:13:02 literature about adult daycare centers, about issues

10:13:06 concerning elder law phenomenon with Alzheimer's patients so




10:13:10 that families can be better prepared.

10:13:12 We have a functional assessment center that has a false

10:13:17 prevention screening, to look at balance.

10:13:19 We have a driving simulator to determine are these people

10:13:22 still capable of cognitively operating an automobile safely?

10:13:27 And we have a small apartment so that we can identify, are

10:13:30 they still safe to live alone, or do they require some kind

10:13:33 of assistance?

10:13:35 If so, what kind of assistance would they need right now?

10:13:38 All of these things can be availed.

10:13:41 But we purchased a pet scanner.

10:13:43 Now, a pet scanner is a machine that is somewhat like an

10:13:45 MRI.

10:13:46 It can take a picture of either your whole body or your

10:13:49 brain.

10:13:50 And the reason that we did this is we now have pet ligands.

10:13:55 These are chemicals that will identify people who are at

10:14:00 risk of Alzheimer's years before they get the disease.

10:14:02 Just like you have cholesterol building up in your arteries

10:14:05 to cause heart disease and heart attacks, we now know that

10:14:08 amyloid builds up in your brain to initiate the process of

10:14:14 Alzheimer's disease.

10:14:14 This is occurring at least ten years before the onset of

10:14:17 symptoms and we can detect this now with our pet scan

10:14:19 instrument.




10:14:20 What this permits us to now do is take people before they

10:14:23 get the disease, treat them with anti-amyloid therapies, and

10:14:27 they will never get the disease.

10:14:29 We can delay it by years or decades.

10:14:32 And in the same way that we have delayed heart attacks by

10:14:34 having staph drugs to treat cholesterol, we will be able to

10:14:38 do the same thing in Alzheimer's, and this is the method by

10:14:41 which by 2020 we will be able to prevent this disease.

10:14:45 Now, notice I said prevent.

10:14:47 We are probably not going to be able to cure the disease.

10:14:49 And as of now, we now know that by the time the symptoms

10:14:53 occur, a lot of the damage has already happened inside the

10:14:56 brain.

10:14:56 The brain has amazing reserve capacity.

10:15:00 It can overcome many insults and still maintain function.

10:15:04 But if we can catch these people early and we can treat them

10:15:07 with one of the 60 medications that are presently in

10:15:10 clinical trials to reduce amyloid, if these become

10:15:15 successful that is when we can block the disease.

10:15:17 People will still get it, but if they want to have the

10:15:21 prevention option, that will become available.

10:15:24 Not everybody gets a colonoscopy either, but pet scan is not

10:15:27 quite as invasive as a colonoscopy is.

10:15:30 So I thank you forgiving me this opportunity.

10:15:32 And I just wanted to help share with you some of the




10:15:35 wonderful things that happen at USF under our leadership

10:15:39 with Steve glass go and Judy Genshaft.

10:15:44 >>CHARLIE MIRANDA: Mr. Suarez.

10:15:45 >>MIKE SUAREZ: Doctor, thanks for the presentation.

10:15:47 In terms of the type of pet scan that you were talking

10:15:50 about, you called it amyloids in the brain?

10:15:54 >> Amyloid, A-M-Y-L-O-I-D.

10:16:04 >> Spelling it doesn't help me at all.

10:16:06 But you suggest that they go and have that kind of pet scan?

10:16:09 I assume there are certain DRI criteria in terms of

10:16:13 hereditary issues that may cause Alzheimer's?

10:16:15 >> Yes.

10:16:16 We are in the process of developing those criteria right

10:16:18 now.

10:16:21 The amyloid pet scans are at this point purely research

10:16:25 driven.

10:16:26 The FDA is being appealed to, to try and approve these for

10:16:33 use, we expect in the next six months that will occur, and

10:16:35 at that time we will have criteria that will suggest when

10:16:38 and how and who should get those sorts of analyses in order

10:16:42 to help with dementia.

10:16:45 It will probably be entirely voluntary and probably not be

10:16:47 reimbursed by Medicare until week demonstrate the

10:16:50 effectiveness of it.

10:16:52 But by 2020 I am absolutely positive this is going to




10:16:55 happen.

10:16:56 >>CHARLIE MIRANDA: Thank you for your presentation.

10:16:58 I know this is a national crisis, and yourselves and the

10:17:02 University of South Florida is working very diligently to

10:17:04 solve some of the mysteries in the future.

10:17:08 I yield to Mrs. Montelione.

10:17:09 >>LISA MONTELIONE: Doctor, if there are individuals

10:17:13 watching us today, or if any of our friends in the media

10:17:17 would like to announce, how do people get in touch with

10:17:25 someone at the institute, and perhaps come in for an

10:17:29 evaluation or an assessment or even if they are interested

10:17:32 in seeing this facility?

10:17:33 >> Yes.

10:17:36 Well, obviously if you wish to be a patient, we have

10:17:38 telephone numbers, you can e-mail us.

10:17:41 Most people will call us.

10:17:42 The number is 813 974-4355.

10:17:46 >> 974-4355?

10:17:52 Thank you.

10:17:52 >> If you wish to come on a tour, we do have tours.

10:17:55 Our Web site will provide a great deal of information for

10:17:58 people who wish to avail themselves of that.

10:18:02 And we'll help show them our new center for memory care.

10:18:07 >> What's the Web site?

10:18:08 >> The Web site --




10:18:11 >> If we just Google Byrd Alzheimer's?

10:18:15 >> Byrd Institute.

10:18:18 >> B-Y-R-D.

10:18:22 >> We go to requests by the public on reconsideration of any

10:18:26 legislative matters from the past week.

10:18:29 Do I hear any?

10:18:31 Thank you very much.

10:18:34 I had talked with the legal department.

10:18:36 The legal department and other members of the administration

10:18:39 that worked so diligently that I asked this to be walked

10:18:42 often it's regarding the tragic happened on Hillsborough and

10:18:49 43rd and Jorge Martin would be here to make the

10:18:54 resolution.

10:18:55 >> Jorge Martin, city attorney's office.

10:18:58 We are presenting a resolution, a sidewalk property donation

10:19:01 agreement, and if we did things right, there should also be

10:19:04 a warranty deed attached to the doc agenda package that came

10:19:08 in yesterday.

10:19:10 This morning I submitted two new documents, a new resolution

10:19:14 directing item number 3, which had typographical error, and

10:19:21 there is a couple of changes to the sidewalk property

10:19:23 donation agreement that I would like to go over with you.

10:19:27 These are from what was in the doc agenda package, the

10:19:33 reason being up until about 45 minutes ago we were still in

10:19:37 negotiation was the owner's attorney to try to iron out some




10:19:40 of the minor details.

10:19:42 As far as the changes from the doc agenda packet are

10:19:46 concerned, at number 2, would clarify that there's only a

10:19:51 new fence being installed along the boundary of the

10:19:57 property, the remaining property on 43rd street.

10:20:02 There is also a change in connection with the gate that

10:20:09 would be installed, and the apron which initially was 15

10:20:15 feet because there's some possibility it might require more

10:20:17 distance.

10:20:19 We added a range of 15 to 20 feet, and the attached diagrams

10:20:27 or plans have a measurement of 15 feet.

10:20:33 We might have to change that.

10:20:34 So there's a provision in the agreement that allows that

10:20:36 flexibility to change the plans consistently with the

10:20:45 agreement provision.

10:20:46 And that is the extent of the changes and the document

10:20:52 provided.

10:20:53 If you have any questions, propose them to me.

10:20:59 I think somebody from Jean Dorzback is here.

10:21:04 >> Please read the resolution.

10:21:06 >> Resolution number 2011-a resolution authorizing the mayor

10:21:10 to execute and the city clerk to attach the sidewalk

10:21:15 property donation agreement and approving a special warranty

10:21:19 deed donated by Rosalie Urso individually and as trustee of

10:21:26 the sidewalk in the vicinity of 43rd street and




10:21:29 Hillsborough Avenue, Tampa, Florida, providing an effective

10:21:31 date.

10:21:33 >>YVONNE CAPIN: Second.

10:21:34 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

10:21:36 by Ms. Capin on a very close vote with Mrs. Mulhern.

10:21:40 All in favor of that motion indicate by saying aye.

10:21:42 Opposed, nay.

10:21:43 The Ayes have it unanimously. I want to thank the city

10:21:46 staff who worked so diligently, and the family for bringing

10:21:50 this to us very rapidly.

10:21:52 We are very appreciative of everything you have done.

10:21:54 Thank you very much.

10:21:58 All right.

10:21:59 Now we go for item number 5 an ordinance for first reading.

10:22:11 There was a scrivener's item.

10:22:12 Would you kindly take number 5, please?

10:22:17 >>LISA MONTELIONE: An ordinance for first reading and

10:22:18 consideration, an ordinance amending ordinance 2011-6 passed

10:22:22 and ordained by the City Council of the City of Tampa on

10:22:25 January 6th, 2011 correcting a scrivener's error by

10:22:29 substituting a revised site plan to clarify an incorrect

10:22:32 statement about the number of floors from one to two for the

10:22:35 previous site plan that was supplied in error, providing for

10:22:39 severability, providing an effective date.

10:22:44 >>CHARLIE MIRANDA: A motion by Mrs. Montelione, second by




10:22:47 Mr. Suarez.

10:22:47 All in favor of the motion?

10:22:49 Opposed?

10:22:50 The Ayes have it unanimously.

10:22:51 >>THE CLERK: Second reading of the ordinance will be held

10:22:55 January 5th at 9:30 a.m.

10:22:59 >>CHARLIE MIRANDA: Thank you very much.

10:22:59 Now we go to the committee reports.

10:23:01 Public Safety Committee chair Mr. Frank Reddick.

10:23:04 >>FRANK REDDICK: I move 6 through 11.

10:23:09 >>CHARLIE MIRANDA: Seconded by Ms. Mulhern on a close vote

10:23:11 with Mr. Suarez.

10:23:12 All in favor of the motion?

10:23:14 Opposed?

10:23:14 The Ayes have it unanimously.

10:23:16 We go to Parks, Recreation, Culture Committee, Mary Mulhern.

10:23:20 >>MARY MULHERN: I move items 12 through 26.

10:23:26 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Ms.

10:23:29 Montelione.

10:23:30 All in favor of the motion?

10:23:32 Opposed?

10:23:32 The Ayes have it unanimously.

10:23:34 Public Works Committee, Mr. Max Suarez.

10:23:37 >> Items 27 through 37.

10:23:42 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.




10:23:43 All in favor of that motion please indicate by saying aye.

10:23:47 Opposed nay.

10:23:48 The Ayes have it unanimously.

10:23:49 Finance Committee, Mr. Harry Cohen.

10:23:50 >>HARRY COHEN: I move items number 38 through 46.

10:23:55 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, seconded by

10:23:59 Mrs. Montelione on another close vote.

10:24:02 All in favor of the motion please indicate by saying aye.

10:24:04 Opposed, nay.

10:24:05 The Ayes have it unanimously.

10:24:07 Building and zoning committee, Lisa Montelione.

10:24:09 >>LISA MONTELIONE: I move items 47 through 53.

10:24:14 >>HARRY COHEN: Second.

10:24:15 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second

10:24:20 by Mr. Cohen.

10:24:21 All in favor of the motion -- pardon me?

10:24:29 All in favor of the motion?

10:24:30 Opposed?

10:24:31 The Ayes have it unanimously.

10:24:33 Transportation committee chair is Yolie Capin.

10:24:36 >>YVONNE CAPIN: I move item 54 through 57.

10:24:41 >>CHARLIE MIRANDA: Seconded by Mrs. Montelione.

10:24:43 All in favor of the motion please indicate by saying aye.

10:24:46 Opposed nay?

10:24:47 The Ayes have it unanimously.




10:24:55 These are resolutions for items 58 through 61.

10:25:00 >>MARY MULHERN: Move to accept the public hearings for item

10:25:05 58 through 61.

10:25:08 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Ms.

10:25:12 Capin.

10:25:12 All in favor?

10:25:14 Opposed?

10:25:14 The Ayes have it unanimously.

10:25:15 Gee to public hearing for second reading on proposed

10:25:17 ordinances.

10:25:18 Those are items 62 through 63.

10:25:21 These are non-quasi-judicial proceedings.

10:25:23 And I need a motion to open.

10:25:27 I have a motion by Mrs. Montelione, second by Mr. Reddick.

10:25:30 All in favor of the motion?

10:25:32 Opposed?

10:25:32 The Ayes have it unanimously.

10:25:34 We go to item number 62.

10:25:48 >>MARTIN SHELBY: I'm sorry if anyone wishes to speak.

10:25:53 >>CHARLIE MIRANDA: Item 62 is open.

10:25:54 Anyone to speak on item 62?

10:25:56 P.

10:25:57 >> Pete Johnson, east Harrison street.

10:25:59 I want to pass these out.

10:26:01 I will leave one on the Elmo so everybody can see it.




10:26:04 There was a recent article in "The Tampa Tribune"," that

10:26:13 it's quite obvious that a lot of prostitutes are coming over

10:26:17 from St. Pete because St. Pete is enforcing their

10:26:19 prostitution ordinances a lot stronger.

10:26:23 What I have handed out is a list of prostitutes that were

10:26:26 arrested on a five-day sting with TPD.

10:26:33 Okay, that's all the names.

10:26:35 This is all their files.

10:26:36 And I have five more of these books at home.

10:26:41 We need to use whatever leverage we can to correct this

10:26:44 problem of prostitution.

10:26:46 Prostitution and drugs fit together.

10:26:49 This is ridiculous.

10:26:51 If anyone has any doubt that TPD needs every help that they

10:26:57 can come up with to enforce and correct these problems,

10:27:01 please join me and sit for one hour on Nebraska Avenue and

10:27:07 26th and you will see the amount of drugs and

10:27:11 prostitution that neighborhoods have to live with.

10:27:14 You don't live in these neighborhoods.

10:27:17 You are not apathetic unless you push for this, just like

10:27:22 public nuisance abatement.

10:27:24 We have finally seen it work.

10:27:26 There is in a reason why TPD can't use public nuisance

10:27:29 abatement more often.

10:27:31 I will push for that.




10:27:34 But we need -- council needs to give TPD the powers to

10:27:39 correct the problems that we have in our neighborhoods,

10:27:42 regardless of any kind of a hardship.

10:27:44 I'm sorry, you break the law, it's a hardship.

10:27:47 You get a speeding ticket, you get a fine.

10:27:50 It's a hardship.

10:27:51 It's a hardship on your family.

10:27:53 It's a hardship on everybody.

10:27:56 That's how we protect our neighborhoods, by developing some

10:27:59 kind of a hardship to keep people from breaking the law.

10:28:04 Thank you.

10:28:04 >> Susan Long, 921 east broad.

10:28:14 Last night I received an e-mail from David Scott van Hart.

10:28:24 I say used to, maybe still does, ran the school for Tampa

10:28:30 crossroads and it was a very effective school.

10:28:32 I don't know if it's still running or not.

10:28:34 David has moved out of the county.

10:28:36 I haven't spoken to him personally but descend me a link to

10:28:41 a study on street prostitution, very long, and just dealing

10:28:45 with street prostitution.

10:28:47 And came to several conclusions.

10:28:49 The first conclusion, the best way to resolve street

10:28:52 prostitution is take in all the prostitutes and reform them,

10:28:57 get them jobs.

10:28:58 That's great.




10:28:58 And I agree.

10:29:00 Unfortunately, it's a long-term project.

10:29:03 In the short run they say the next best way to resolve it is

10:29:06 to take care of the Johns, going after the prostitutes, you

10:29:11 chase them out, they come back, they go away for a little

10:29:14 bit, they come back a month, a week, two months later, a

10:29:18 they say, one, make it public, that they are arrest Ford

10:29:25 soliciting prostitution.

10:29:26 Two, make sure that their family knows, so they get family

10:29:31 pressure, and three, make it painful for them.

10:29:33 They also indicate that John schools are good things.

10:29:39 What we are doing here in this ordinance is, one, notifying

10:29:43 their families, spouses, significant others, if that's what

10:29:48 they were doing.

10:29:49 Two, making it painful for them.

10:29:51 These are two very simple ways that we can accomplish

10:29:54 exactly two ways that the study recommends.

10:30:00 >>CHARLIE MIRANDA: Thank you very much.

10:30:01 Anyone else on number 62?

10:30:02 I need a motion to close.

10:30:04 Motion by Mrs. Montelione, second by Mr. Reddick.

10:30:07 All in favor of the motion please indicate by saying aye.

10:30:10 Opposed, nay.

10:30:10 The ayes have it unanimously.

10:30:12 Ms. Mulhern?




10:30:15 I was going to give the ordinance to Mr. Reddick.

10:30:17 >>MARY MULHERN: I'll wait.

10:30:20 I would like to speak after.

10:30:21 >>FRANK REDDICK: It's not a bad ordinance.

10:30:29 I want to move an ordinance being presented for second

10:30:32 reading and adoption, an ordinance of the city of Tampa,

10:30:36 Florida creating code section 14-30, prohibiting the

10:30:39 utilization of a motor vehicle in the commission of offenses

10:30:43 relating to prostitution, lewdness or drugs, providing a

10:30:47 penalty including the impoundment of vehicles used in

10:30:50 violation of the code, providing for administrative

10:30:52 procedures, and due process, providing an effective date.

10:30:55 >> Second.

10:30:57 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, I have a

10:30:59 second by Mr. Suarez.

10:31:02 The floor is open.

10:31:03 Ms. Mulhern.

10:31:04 >>MARY MULHERN: Thank you, Mr. Chairman.

10:31:07 When this came before us originally on first reading, I

10:31:15 hadn't done a lot of research or spoken to a lot of people

10:31:18 about this, but I'm even more concerned about the legality

10:31:25 of this, and really it troubles me.

10:31:32 I spoke at the last hearing about the families that would

10:31:37 suffer from this penalty that would be put on them by having

10:31:47 their car impounded and then having to pay $500 for a crime




10:31:52 that their co-owner was accused of.

10:31:59 By didn't talk about the more basic civil rights that I

10:32:03 think are being infringed on with this ordinance.

10:32:06 So I wanted to mention a few of those things before I vote

10:32:10 against it.

10:32:16 I think the due process here is just not there.

10:32:19 You are arrested.

10:32:22 You are judged and penalized at the same time by the police

10:32:27 department.

10:32:28 And your hearing would be scheduled later.

10:32:35 I think the fact that we are putting this hefty penalty on

10:32:42 getting your car back is actually an incentive for our

10:32:46 police officers to arrest more people.

10:32:49 So I think there's a little bit of a problem with that.

10:32:53 And the other thing that I think I didn't realize before we

10:33:00 voted the last time but is more troubling is that the

10:33:03 ordinance we had in place that allowed the cars to be

10:33:10 impounded in the first place has been in court for years and

10:33:13 was overturned recently, and so we are talking about

10:33:21 something that, you know, is more restrictive, I think goes

10:33:26 further with the new ordinance, which may not stand up to a

10:33:30 legal challenge, and which as a revenue generator may also

10:33:34 end up costing us in the legal cost of defending it.

10:33:41 So I can't support it.

10:33:44 >>CHARLIE MIRANDA: Anyone else?




10:33:46 >>FRANK REDDICK: Mr. Chairman, I am going to support the

10:33:47 motion but I just want to reiterate for the record that as I

10:33:52 stated before, and I strongly believe that it's a public

10:33:55 safety issue, and that I wanted to see at least a minimum

10:34:00 some of these funds going to TPD trust fund for public

10:34:05 safety purposes, and it was voted down.

10:34:09 I still believe some of the funds should go into TPD trust

10:34:14 fund for public safety issues and not into the general

10:34:18 revenue fund.

10:34:19 Hundreds of thousands of dollars will be generated by this

10:34:23 ordinance being passed, and because it's a public safety

10:34:26 issue, the citizens deserve the right to have some of these

10:34:30 dollars channeled back into public safety cause in this

10:34:34 community.

10:34:35 And I'm saying the ordinance was voted down.

10:34:37 But I want to go on record at this point and say I hope

10:34:40 somewhere, with the legal department, and the city

10:34:43 administration, will a sure them that some of these funds

10:34:48 that are collected will be utilized for public safety issues

10:34:51 and I want to state that for the record.

10:34:54 >>CHARLIE MIRANDA: Thank you, Mr. Reddick.

10:34:55 Anyone else?

10:34:55 Let me just say this.

10:34:56 When you commit a crime, no matter what type of crime,

10:35:02 someone gets hurt other than the person committing the




10:35:06 crime.

10:35:07 That person, he or she, commits a crime, has little regard

10:35:12 not only for their own life but for the life of their whole

10:35:15 family.

10:35:16 So when a car is used in that crime, and that car is

10:35:21 impounded, and the cost of that is $500, what happens when a

10:35:28 car is used in a bank robbery?

10:35:33 What happens when a car is used in a violent way driving in

10:35:39 the city?

10:35:42 That individual, he or she, has little regard for the

10:35:45 family.

10:35:47 I can't solve all the family problems in the city.

10:35:50 I can't solve in the country.

10:35:52 But I can give an digital to the police department so that

10:35:56 these neighborhoods become much cleaner, much brighter, and

10:36:03 hopefully at the retail market of homes through property

10:36:09 values comes back in some degree.

10:36:13 You know, when you look at the retail value, or home values

10:36:17 of your dwelling, and you look at the amount of money that

10:36:22 it's costing society, all of us, you would be surprised what

10:36:26 little things can do.

10:36:27 And this is one little thing and a foot forward to hopefully

10:36:35 resolving some of the problems.

10:36:37 We aren't going to get rid of all the problems.

10:36:38 If not we wouldn't leave any city employs in the fire and




10:36:42 police department.

10:36:43 But, unfortunately, that's way society has gone, and it's

10:36:46 not the changing of the time.

10:36:48 Time never changes.

10:36:49 Only the people change.

10:36:51 Thank you very much.

10:36:51 And I will be supporting the ordinance.

10:36:53 Ms. Capin.

10:36:56 >>YVONNE CAPIN: I'm sorry you didn't see me before.

10:36:57 Thank you, Mr. Chair.

10:36:59 You know, one of the things that when I ran for this office

10:37:02 was to support policies that promote safe and prosperous

10:37:06 neighborhoods, and that's what I tend to do.

10:37:09 Neighborhood residents have civil rights, too.

10:37:14 They have a right to live in a safe environment that fosters

10:37:20 friendly place for families to live and work and raise their

10:37:23 children.

10:37:24 When you have neighborhoods that have been invaded by armed

10:37:28 drug dealers, pimps, prostitutes, it's a far, far fetch from

10:37:34 the tree lined middle and upper income areas of our city.

10:37:40 You know, to reiterate, if you allow someone to borrow your

10:37:43 vehicle, even for insurance purposes, and they are in an

10:37:47 accident, you as the owner -- and they are found at fault --

10:37:51 you as the owner are liable.

10:37:55 And likewise, under this ordinance, if someone allows a




10:37:59 friend or family member to use their car and they are caught

10:38:03 soliciting drugs or prostitution, the car owner will be

10:38:08 responsible or will have responsibility.

10:38:11 And again, you run a red light, you cause an accident, you

10:38:15 get a speeding ticket.

10:38:17 It impacts your family.

10:38:21 I want to say that I had a conversation with Chief Castor,

10:38:23 and she told me that this ordinance is one that has proven

10:38:28 effective, and our legal staff also tells me that it is

10:38:32 Constitutional, and unless a judge says otherwise, I will

10:38:37 rely on their expert advice, and I will be voting for this

10:38:40 ordinance.

10:38:41 Thank you.

10:38:43 >>CHARLIE MIRANDA: Any other council members?

10:38:45 Okay.

10:38:45 This is a second reading.

10:38:47 Vote and record.

10:38:49 Item number 62.

10:39:02 >>THE CLERK: Motion carried with Mulhern voting no.

10:39:07 >>CHARLIE MIRANDA: Item number 63.

10:39:08 Anyone in the audience care to speak on item number 63?

10:39:11 63?

10:39:19 >> John Briggs, 504 north B street.

10:39:24 I'm here on item 64.

10:39:25 I represent the North Hyde Park --




10:39:28 >> We are on 63.

10:39:29 >> I'm sorry.

10:39:33 >>CHARLIE MIRANDA: I'm sorry.

10:39:39 Well, you can check the tape but I do make mistakes and I'm

10:39:44 not mistake proof but I did say 63 because that's my

10:39:47 favorite number.

10:39:49 I'll tell you a story one day but I won't now.

10:39:51 Anyone in the audience care to speak on item number 63?

10:39:54 63?

10:39:54 I see no one.

10:39:55 >> Motion to close.

10:39:57 >> Second.

10:39:57 >> I have a motion by Mr. Suarez, a close second by Mr.

10:40:01 Reddick.

10:40:01 All in favor of the motion indicate by saying aye.

10:40:04 The Ayes have it unanimously.

10:40:06 Number 63.

10:40:10 Ms. Mary Mulhern.

10:40:12 >>MARY MULHERN: I move an ordinance being presented for

10:40:15 second reading and adoption, an ordinance amending the Tampa

10:40:18 comprehensive plan capital improvements element by updating

10:40:22 the schedule of projects for fiscal year 2012 through fiscal

10:40:25 year 2016 by updating the Florida Department of

10:40:28 Transportation's work schedule for fiscal year 2012 through

10:40:32 fiscal year 2016 by -- I think I am reading the same thing




10:40:39 over and over -- by updating the school board's work program

10:40:42 for fiscal year 2012 through fiscal year 2016 providing for

10:40:46 repeal of all ordinances in conflict, providing for

10:40:49 severability, providing an effective date.

10:40:51 >>CHARLIE MIRANDA: I have a second by Ms. Capin.

10:41:01 Vote and record.

10:41:02 This is second reading on 63.

10:41:10 >>THE CLERK: Motion carried unanimously.

10:41:21 Need to open number 64.

10:41:23 >> Move to open.

10:41:24 >> Second.

10:41:26 >>CHARLIE MIRANDA: All in favor?

10:41:27 The Ayes have it unanimously.

10:41:28 This is a quasi-judicial proceeding so witnesses are

10:41:31 required to be sworn in.

10:41:33 If you are going speak on item 64 you must be sworn in.

10:41:35 (Oath administered by Clerk)

10:41:48 >>CATHERINE COYLE: Land development.

10:41:49 Item number 64, the site plan was unable to be certified.

10:41:53 Therefore, it would need to be continued to January

10:41:55 35th, 2012.

10:41:58 >>CHARLIE MIRANDA: Anyone in the audience to speak on item

10:42:01 64, that asked for a continuation, please come forward.

10:42:04 >> John Briggs, here to speak on 64.

10:42:11 Not 63.




10:42:12 I live at 2505 north A street, Tampa, represent the Hyde

10:42:17 Park homeowners and residents association, a group of us

10:42:21 that are going against what's going on here, the bar,

10:42:24 restaurant, whatever.

10:42:26 They had so much time to be prepared.

10:42:28 Another continuation is just ridiculous.

10:42:32 I don't want to quote anybody because I don't know exactly

10:42:35 what you have said, but I know that the last meeting you

10:42:39 said, liens, this is our second first reading, now you have

10:42:42 had a continuance with a tie vote to another meeting, now

10:42:47 when you come back to council again, you must have all your

10:42:50 ducks in a row or we are going to vote against it.

10:42:53 Several of you council members did say that.

10:42:55 You did.

10:42:56 A couple of you voted against it to begin W.a couple more of

10:42:59 you said if you didn't have your ducks in the row when you

10:43:01 came back again we would vote against it.

10:43:03 I happen to know that several of the businesses up and down

10:43:06 the street, all surrounding businesses are opposed to this

10:43:10 establishment, and they are businesses.

10:43:12 And businesses don't even want this business in the

10:43:14 neighborhood.

10:43:14 Not just the homeowners.

10:43:16 The businesses as well.

10:43:17 I spoke with almost everybody, down the block personally,




10:43:21 CFOs, owners, corporate officers, the new owner of GEICO,

10:43:25 Dave Donohoe, he was actually on the fence.

10:43:28 He talked with me and with petitioner on the same morning.

10:43:32 That's a whole other story.

10:43:34 He didn't give me a aye or nay, but the other businesses,

10:43:39 Rose Radiology, all the way down to Advanced Auto Parts

10:43:41 don't want this type of establishment in the neighborhood.

10:43:43 So I would respectfully ask the council to adhere to their

10:43:48 word.

10:43:48 How much time do they need?

10:43:49 This is ridiculous.

10:43:50 Nobody wants it there.

10:43:51 We have never wanted it there.

10:43:53 Businesses don't want it there.

10:43:55 And they can't procure parking for their employees, let

10:43:59 alone other people.

10:44:00 Isn't this enough?

10:44:01 The way they are requesting is ludicrous to begin with, the

10:44:06 closeness to homes, closeness to other people,

10:44:09 establishments and other businesses, and not giving them

10:44:13 authorization to park there, that they don't want it there

10:44:16 as well.

10:44:16 I don't see what else the City of Tampa can tell the council

10:44:19 members other than we don't want it.

10:44:22 And another continuation is ridiculous.




10:44:24 Thank you.

10:44:26 >>CHARLIE MIRANDA: Thanks very much.

10:44:26 Anyone else care to speak on this item number 64?

10:44:30 I need a motion, if council wishes to continue it to a date

10:44:34 set certain.

10:44:35 What was that date again?

10:44:41 >>CATHERINE COYLE: The site plan could not be certified.

10:44:44 Therefore, the code says shall be continued to the next

10:44:48 hearing a minimum two of weeks which is January 5th.

10:44:53 >>CHARLIE MIRANDA: I need a motion.

10:44:54 >>FRANK REDDICK: Move to continue to January 5th.

10:44:56 >> Second.

10:44:57 >>CHARLIE MIRANDA: I have a second by Mrs. Montelione on 64

10:45:00 be continued to January 5th, 9:30.

10:45:06 All in favor of that motion please indicate by saying aye.

10:45:08 Opposed, nay.

10:45:09 The Ayes have it unanimously.

10:45:11 Thank you all very much.

10:45:15 Item 65 through 74 are staff reports, unfinished business.

10:45:20 We'll start with 65.

10:45:23 >>SONYA LITTLE: Revenue and finance.

10:45:34 We are providing you with the consolidated annual

10:45:37 performance and evaluation report or cape eras it relates to

10:45:44 HUD funding for the fiscal year ending 2011.

10:45:47 This report is just a summary of what was actually done.




10:45:52 The actual structure of the report is required by HUD.

10:45:56 They provide us with a form, the format and the type of

10:45:59 information that we are supposed to provide.

10:46:02 It's done on an annual basis.

10:46:04 And when we were in front of you in August of 2011, for the

10:46:09 workshop directly related to the action plan for fiscal year

10:46:13 2012, we did mention that we would come back to you with a

10:46:17 draft of this report as an FYI.

10:46:21 Again, it's required by HUD.

10:46:23 The city provides it on an annual basis.

10:46:26 Our deadline to provide this report is December 31st.

10:46:31 And as a part of our process we do publish a notice in two

10:46:35 local newspapers so that the public is aware that we are

10:46:38 providing this report.

10:46:40 And it's actually presented and published in "The Tampa

10:46:43 Tribune" on December 2nd and the flap sentinel on

10:46:48 December 6th notifying the public that we are mailing

10:46:53 it, submitting it on the 27th in order to meet our

10:46:56 December 31st deadline.

10:46:59 Basically, in summary, the report includes a summary of the

10:47:05 funding that we received and the goals that were established

10:47:12 leading into the program year, and the performance measures

10:47:16 to gauge our performance and if we were able to obtain the

10:47:20 goals that we set out to do.

10:47:22 The caper includes charts, maps, tables and so forth, and




10:47:29 responses to the HUD questions, and it gives a great deal of

10:47:34 detail on our funding utilization in areas of community

10:47:37 development block grants or CDBG, homes, housing

10:47:42 opportunities for persons about aids, and emergency shelter

10:47:48 grants, ESG.

10:47:49 So with that, Mr. Chairman, I would like to submit this

10:47:55 draft report.

10:47:56 We will continue reviewing and finalizing it, leading up to

10:47:59 our submission on December 27 for the final deadline of

10:48:03 December 31st.

10:48:05 I also would like to add that we have posted this draft to

10:48:09 the city's Web site.

10:48:14 >>CHARLIE MIRANDA: Thank you.

10:48:14 Any questions by council members?

10:48:19 Ms. Montelione?

10:48:21 >>LISA MONTELIONE: Thank you, Ms. Little, for bringing this

10:48:25 to us.

10:48:25 I know there was a great deal of discussion.

10:48:28 You referenced the August workshop.

10:48:30 And this is something that we need to pay close attention

10:48:34 to.

10:48:35 The CDBG funded dollars are probably going to shrink.

10:48:42 >>SONYA LITTLE: Yes, ma'am.

10:48:43 We have already been notified that they are.

10:48:44 >>LISA MONTELIONE: Have we been notified by how much they




10:48:49 are going to shrink?

10:48:51 >>SONYA LITTLE: Early indications are 19%.

10:48:53 >>LISA MONTELIONE: So most all, I would venture to say,

10:49:00 that everyone on this list to be funded will probably be

10:49:03 applying for the next round as they have in previous years,

10:49:08 and they will be eligible for 19% less across the board.

10:49:17 >>SONYA LITTLE: Yes, ma'am.

10:49:18 And that's not to mention the decline of about 20%, 25% over

10:49:24 the prior year.

10:49:25 So --

10:49:28 >> So we are about 40% give or take receiving less dollars

10:49:33 through the federal government than we had two years ago?

10:49:37 >>SONYA LITTLE: That's correct.

10:49:39 >>LISA MONTELIONE: And the need is increasing by probably

10:49:42 ten-fold.

10:49:42 >>SONYA LITTLE: Absolutely.

10:49:44 >>LISA MONTELIONE: So when we look at these numbers, I want

10:49:47 everyone to really spend time looking them over, and

10:49:52 figuring out, even though we haven't gone through the

10:49:56 process yet but assuming that we would have a similar roster

10:50:00 of nonprofits and charities and causes that will be applying

10:50:04 for the funds, who is going to receive that 19 to 20% cut in

10:50:09 funding, and how will the decisions be made.

10:50:14 >>SONYA LITTLE: Right.

10:50:15 >>LISA MONTELIONE: I really think we have to start thinking




10:50:20 outside the works. I talked about inverting the pyramids

10:50:25 rather than looking at funding for after the fact, after

10:50:34 disease, after economic downturn hits, or after certain life

10:50:39 events may occur, so we look at the prevention, and we look

10:50:43 at funding programs that would prevent people from becoming

10:50:50 clients of one of these nonprofits and charities.

10:50:52 So that's something that keeping in mind we are going to be

10:50:58 losing 19% of this funding that we have to do, we have to

10:51:01 get more creative, and we have to start paying very close

10:51:04 attention to every dime and dollar.

10:51:08 The schedule that's in here, again because this is the 2011,

10:51:16 2012 report, is this a similar schedule we will be looking

10:51:20 at for the coming years, so when we look at the technical

10:51:24 assistance workshop, will the next workshop be the January

10:51:31 2012?

10:51:33 >>SONYA LITTLE: Yes, that's correct.

10:51:34 And we are proceeding with kicking off for the next program

10:51:37 year in January with the process.

10:51:41 >>LISA MONTELIONE: If I may ask -- and this may be

10:51:47 something a follow-up to previous motions, because as the

10:51:53 question, I believe, probably before, but for us as council

10:51:57 members, in order for us to fully understand the

10:52:02 implementation of this application and the process that it

10:52:04 goes through, that your staff come back prior to holding,

10:52:12 looking at the meetings, look at council schedule?




10:52:16 I don't know if we will have an available date in January,

10:52:19 not knowing when your workshop is going to be held.

10:52:21 Do you have an exact date?

10:52:25 >>SONYA LITTLE: We don't have the exact date, so we can

10:52:30 possibly build into account for coming back.

10:52:37 >>LISA MONTELIONE: We have a really heavy workshop

10:52:39 scheduled on the 26th.

10:52:40 So it may be February we can schedule.

10:52:47 Let me make a motion to have Ms. Little's staff and Mr.

10:52:51 Snelling's staff working on the CDBG process and the

10:52:55 workshops, the applications that they will be working on for

10:52:59 the next cycle come back on February 23rd at 9:00 a.m.

10:53:11 >>YVONNE CAPIN: Second.

10:53:12 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:53:14 second by Mrs. Capin.

10:53:15 Any further discussion on that motion?

10:53:17 All in favor?

10:53:18 Opposed?

10:53:19 The Ayes have it unanimously.

10:53:20 Thank you so much.

10:53:22 Item 66.

10:53:23 Parks, recreation department, the man wearing different

10:53:29 hats.

10:53:29 No wonder your hair has changed colors.

10:53:32 You haven't seen the sun in two weeks.




10:53:34 >> Good morning.

10:53:36 As always it is a pleasure to appear before you.

10:53:39 I'm happy to report this morning on item 66.

10:53:42 We will bring before City Council on January 5th a

10:53:45 resolution naming the fitness trail at Woodland Terrace park

10:53:50 in honor of Ruth J. Fleming.

10:53:53 We actually had a resolution ready to walk on today, but we

10:53:57 thought we needed the extra time to notify the families so

10:53:59 that they would be here on the 5th of January for that

10:54:02 honor, and then to be able to schedule shortly thereafter a

10:54:05 ceremony at the park to unveil the signage.

10:54:08 So again, it's my pleasure to report that to you this

10:54:10 morning.

10:54:11 If I don't appear before you before the holidays, I want to

10:54:14 wish you a very happy holiday season, very prosperous season

10:54:18 and look forward to seeing you soon.

10:54:25 >>CHARLIE MIRANDA: Mr. Reddick?

10:54:26 >>FRANK REDDICK: How are you doing?

10:54:27 >> I'm doing great, sir.

10:54:29 Thank you for asking.

10:54:30 >>FRANK REDDICK: Thank you for following through on this

10:54:32 with the Woodland Terrace and Ms. Fleming.

10:54:39 I'm one of the honored guests at their Christmas function on

10:54:42 Saturday evening, and I will share that with her and her

10:54:47 family to be prepared hear on January 5th.




10:54:52 So I will let her know on Saturday evening.

10:54:56 >> Thank you, sir.

10:54:57 I hope they treat you very well on Saturday evening with

10:54:59 that great news.

10:55:01 >>FRANK REDDICK: I'm pretty sure I will eat well.

10:55:03 Thank you.

10:55:06 >>CHARLIE MIRANDA: Any other council members?

10:55:07 Thanks very much for bringing it to our attention.

10:55:09 We are appreciative of the work you do for the city.

10:55:13 Okay, item 67, first quarterly report written to council, I

10:55:20 believe.

10:55:22 This was a motion made by Ms. Capin and moss month will be.

10:55:28 You are fine there with the acceptance of the memorandum?

10:55:32 >>YVONNE CAPIN: Yes.

10:55:32 Cathy Coyle is here F.ms. Coyle would like to come up since

10:55:36 she was here, and we'll just talk about -- I asked for a

10:55:45 written report, and thank you very much for the written

10:55:47 report.

10:55:47 But here she is.

10:55:49 So tell us.

10:55:52 >>CATHERINE COYLE: Zoning administrator for the city.

10:55:53 As I mentioned in the report, we are, we are two months into

10:55:59 the adoption of the ordinance, and has done pretty well so

10:56:02 far, catalogued all the approvals that have been granted

10:56:07 looking back through the log and through the agendas.




10:56:10 We pulled all those ordinances, and we are getting through

10:56:14 writing all of the placards.

10:56:20 This is essentially it, an 8.5 by 11 sheet.

10:56:24 It is a PDS document that documents all the conditions,

10:56:31 ordinance, case files, address, and additional notes on the

10:56:38 bottom, basically to let you know that you have to provide

10:56:40 this on-site, exactly where, main exit from the

10:56:47 establishment, so on and so forth.

10:56:50 We have a letter to the company that goes to that

10:56:51 establishment saying you have to post it immediately.

10:56:54 There are some locations that will hand deliver, double

10:56:58 checking whether or not the establishment is open.

10:57:03 We don't necessarily want to put them on notice so we are

10:57:08 double checking this as well.

10:57:09 We are moving right along.

10:57:11 >>YVONNE CAPIN: Thank you very much.

10:57:12 Thank you for your diligence.

10:57:14 And looking at this in two phases, the first phase would be

10:57:22 April '08 to present and the second phase would be 1999 to

10:57:28 2008 and that should get us to about a thousand.

10:57:34 >>CATHERINE COYLE: Give or take, probably a little more.

10:57:36 >> A little more?

10:57:37 Great.

10:57:37 Thank you very much.

10:57:37 I appreciate it.




10:57:40 >>CHARLIE MIRANDA: Thank you very much.

10:57:41 Item 68: I need a motion for that.

10:57:51 >>MIKE SUAREZ: So moved.

10:57:54 >>HARRY COHEN: Second.

10:57:57 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.

10:57:59 Cohen.

10:57:59 All in favor indicate by saying aye.

10:58:01 Opposed?

10:58:02 The Ayes have it unanimously.

10:58:03 Item number 69.

10:58:04 Mr. Cohen, this is a necessary item, to be read into the

10:58:07 record.

10:58:07 Will you kindly read number 69?

10:58:10 >>HARRY COHEN: This is an announcements of a public

10:58:12 hearing.

10:58:13 A public hearing will be held regarding a proposed

10:58:16 brownfield designation for city-owned property totaling

10:58:20 approximately 19.1 acres located in the general vicinity of

10:58:25 1508 north Clark Avenue, 1550 north Grady Avenue and 4010

10:58:31 West Spruce Street, Tampa, Florida.

10:58:33 This public hearing will be held at the City of Tampa solid

10:58:36 waste and environmental program management building located

10:58:40 at 4010 West Spruce Street in Tampa, Florida on January 4,

10:58:44 2012 at 6:00 p.m. until no later than 8:00 p.m.

10:58:50 In accordance with the Americans with Disabilities Act and




10:58:52 Florida statutes, section 286.26, persons with disabilities

10:58:58 need special accommodation to participate in this meeting

10:59:01 should contact Daniel Fahey, the city's brownfield program

10:59:05 administrator at 813-348-1094 at least 48 hours prior to the

10:59:11 date of the meeting.

10:59:19 >>CHARLIE MIRANDA: Mr. Cohen, thank you so much for reading

10:59:20 that.

10:59:21 We go now to item number 70.

10:59:26 These are staff reports, continuation of the other items in

10:59:29 the previous page.

10:59:31 >>LISA MONTELIONE: I move number 70 for approval.

10:59:40 >>CHARLIE MIRANDA: And seconded by Mr. Suarez.

10:59:42 All in favor of the motion?

10:59:44 Opposed?

10:59:44 The Ayes have it unanimously.

10:59:47 71, I am going ask the legal department to stand by.

10:59:50 You know, when you have these bids, and they come forward

10:59:54 and they are discussed in a forum, and then after the fact

11:00:01 these bids are approved to the lowest bird, we have that

11:00:05 responsibility.

11:00:05 And I am not pulling anybody for lowest or highest bid or

11:00:11 whatever.

11:00:11 But when you come back to the council after all is said and

11:00:13 done -- and I don't know what day it was a week ago, two

11:00:16 weeks ago, three weeks ago, when these bids were recognized,




11:00:20 I don't remember seeing -- maybe it came in, or reading an

11:00:25 objection to the bid.

11:00:28 I asked the city if we received any of that in writing.

11:00:35 >>DAVE VAUGHAN: The bids were open, I believe in, October,

11:00:37 the intent to award was hosted at the end of October and no

11:00:41 protests were received.

11:00:44 >>CHARLIE MIRANDA: So I am not trying to sway anyone's

11:00:46 opinion.

11:00:46 I would never do that, never will.

11:00:49 But they have had since October.

11:00:55 Maybe I'm wrong but they wait until today to bring up an

11:00:58 objection.

11:00:59 And I'm again saying that I don't know who roadway is, I

11:01:04 don't know who the other two vendors are.

11:01:06 I remember reading it a couple of days ago, in the

11:01:10 information packet.

11:01:10 I think this is the resurfacing city streets and grinding up

11:01:14 the asphalt and moving it to wherever the location was

11:01:17 needed.

11:01:18 And things of that nature.

11:01:22 So I am going to ask the legal department to come forward

11:01:24 and on the record if in your opinion this was done according

11:01:30 to all the rules and regulations of the City of Tampa.

11:01:32 >>SAL TERRITO: This did follow all the rules and

11:01:35 regulations of the City of Tampa to get to this point.




11:01:38 >>CHARLIE MIRANDA: Okay.

11:01:38 Any other questions by council members on 71?

11:01:40 Ms. Montelione.

11:01:41 >>LISA MONTELIONE: I do have a question.

11:01:43 And it's something that, yeah, the bid process, Hillsborough

11:01:50 County, State of Florida, no matter where you go, there's

11:01:53 questions that come up on occasion, and some of them are

11:01:59 well-founded and point to flaws in the system, and some are

11:02:03 because people feel that there was not a level of fairness

11:02:09 afforded to them.

11:02:11 So the question I have came on one of the handouts that was

11:02:16 given to us earlier, and that is the instructions to

11:02:20 bidders, section 1, special instructions, and I believe it

11:02:25 is letter, looks like, I, 1.4, article 5.01, page 8, last

11:02:35 paragraph, change.

11:02:36 25% to 51%.

11:02:38 And that's referring to the amount of work that the prime

11:02:44 contractor would be self-performing.

11:02:49 A couple questions.

11:02:50 One is when was the change from 25% to 351% made?

11:02:55 Was that prayer to these bids being submitted?

11:03:03 >>DAVE VAUGHAN: Dave Vaughan, contract administration.

11:03:06 This has been in effect for a long time.

11:03:08 >>LISA MONTELIONE: A long time, like dog years seven?

11:03:16 >>DAVE VAUGHAN: Ages.




11:03:16 >>LISA MONTELIONE: Okay.

11:03:19 So the bidder that was awarded the contract -- I mean, I

11:03:24 ended up myself on what was provided in terms of a packet.

11:03:29 The subcontract list -- and I came up with -- you look at

11:03:35 all the subcontractors on the DMI schedule, it comes up to

11:03:38 62.55% of the work being performed by subcontractors.

11:03:46 >>DAVE VAUGHAN: Correct.

11:03:47 >>LISA MONTELIONE: That's a significant portion of the

11:03:48 work.

11:03:52 >>DAVE VAUGHAN: First, a couple comments.

11:03:54 One is that I appreciate Chairman Miranda's comments about

11:04:00 the protest nature of this.

11:04:02 And would like to remind the council that approximately

11:04:06 about a year and a half ago we went through, at this

11:04:09 council's leadership, a revision of our protest ordinance

11:04:14 that provided a very robust and specific protest

11:04:18 procedure --

11:04:20 >>LISA MONTELIONE: I understand that but I am sorry, that

11:04:22 didn't answer my question.

11:04:23 >>DAVE VAUGHAN: But again, the reason that I say that is

11:04:26 that one of the things that occurs as a result of that, to

11:04:32 the extent that we go into great detail at this point, we

11:04:35 are allowing successful bidders to subvert that process, and

11:04:44 beside requiring staff to somewhat speak off the cuff -- and

11:04:48 I am going to ask you a question in just a minute that also




11:04:51 is unfair to the low bidder and has followed the rules and

11:04:54 come to this point to get the award.

11:04:56 That being said, the 51% issue is an -- has that intent to

11:05:03 have the folks who bid the work perform the work.

11:05:07 That provision, if you read it in its entirety, says that we

11:05:11 do have the discretion to waive that percentage.

11:05:16 The answer that we have routinely for years given to

11:05:20 inquiries about that issue is that the department will not

11:05:23 unreasonably withhold the participation of additional subs

11:05:31 or increased subs do the work.

11:05:34 Again, on the balance of his total Bill bid, the

11:05:38 investigation that was done of the low bidders, we believe

11:05:41 that this has followed the rules for this bid and would

11:05:43 encourage you to award it.

11:05:45 >>LISA MONTELIONE: And this is maybe the forum, bringing it

11:05:55 to council, with all due respect, chair Miranda.

11:05:59 The only access that bidders to the city have to speak to

11:06:07 us, to speak to someone outside of the process.

11:06:13 I have been in this business for a while, and I have had

11:06:18 even before contemplating running for office been in the

11:06:21 company of individuals who were bidding on city work or

11:06:25 county work or state work who felt that they didn't really

11:06:30 have an opportunity to voice their concerns, or that there

11:06:36 were irregularities that they felt that they would like to

11:06:40 have investigated but are fearful to do so because they,




11:06:50 whether properly or not, they feel that they would be then

11:06:55 retaliated against.

11:06:57 There is a lot of discretion provided by staff, and again,

11:07:05 this happens in every municipality.

11:07:07 So I am not singling anyone out.

11:07:09 But this process of individuals coming to us is the

11:07:15 tradition we have not only with bidding but with public

11:07:18 comment, with ordinances or processes throughout the city

11:07:23 that they feel that there was an injustice served or they

11:07:27 didn't receive fair treatment thanked is the forum that

11:07:30 gives them the right to do that.

11:07:32 And it may be that they don't feel their voices are being

11:07:35 heard anywhere else.

11:07:36 So I encourage people to come before council and to speak

11:07:40 their mind.

11:07:42 We do have a process by which there is protest, but

11:07:45 sometimes even that is not well serving to them, or so they

11:07:51 feel.

11:07:52 What other outlet do they have but to come and talk to us

11:07:55 like any other member of the general public?

11:07:57 I am a bit concerned, sometimes the low bidder is not the

11:08:03 best bird.

11:08:04 Discretion on whether or not 51% is made or not made, if we

11:08:07 changed from 25 to 51% many years ago, there must have been

11:08:15 a reason why it was changed from 25 to 51%, and the portion




11:08:21 of the requirement, because of a staff member's opinion or

11:08:24 it can be waived.

11:08:26 I don't know how many times it's waived.

11:08:28 Is it waived on a constant basis? Is it common practice to

11:08:32 waive that requirement?

11:08:33 And if it is common practice as we do here with land use, if

11:08:36 we are granting the same waiver over and over and over

11:08:38 again, why do we have that waiver to start with?

11:08:42 So if we keep wavering the 51% requirement, if that's common

11:08:46 practice by the department, why do we have that requirement?

11:08:52 >>DAVE VAUGHAN: A couple of responses.

11:08:53 One is, separate from the issue of whether to award this

11:08:56 contract on the basis of what happened with this bid, we are

11:09:02 happy, separate from the award, to go look at this provision

11:09:06 or any other provision that it brings before you -- that a

11:09:09 bidder brings buff, that you guys need to look into this.

11:09:12 We are happy to do that.

11:09:14 And I will tell you that this particular provision is under

11:09:16 review as part of a general boilerplate review that we are

11:09:20 doing right now.

11:09:21 It's one of the specific issues that we pointed to.

11:09:24 It is not uncommon for us to waive it.

11:09:27 But, again, for this bid, it was part of the process.

11:09:31 These bidders had a chance to protest it.

11:09:34 And they didn't.




11:09:35 Happy to look at this provision separate from that.

11:09:40 I encourage to you award this project.

11:09:42 >> Can I ask a question to the speakers that we had

11:09:44 previously?

11:09:45 >>CHARLIE MIRANDA: You have the floor.

11:09:48 >>SAL TERRITO: I hate to interrupt.

11:09:49 If the overall is to ask questions, if you don't want to

11:09:53 presume that, that's your right to question.

11:09:55 That staff has gone through all of these issues.

11:09:57 They will not bring anything buff unless they have reviewed

11:10:00 all of the questions that are coming up.

11:10:02 You do not have a review process here.

11:10:04 >>LISA MONTELIONE: No, I --

11:10:07 >>SAL TERRITO: Let me finish.

11:10:08 I don't mean to interrupt but let me finish.

11:10:10 This is not a review process.

11:10:12 They had a right to appeal.

11:10:14 They had a right to dispute this.

11:10:16 If you don't approve this, then it starts all over again.

11:10:19 If you do approve this, the only recourse they have is to

11:10:21 take this to the circuit court.

11:10:23 That is the review process.

11:10:24 Not City Council.

11:10:25 I don't mean to cut off anybody's right to discuss this

11:10:27 thing.




11:10:27 It is your privilege to say I don't like what you did, and I

11:10:30 am going vote against it.

11:10:31 But you start questioning these processes, and you are

11:10:35 interfering with the administrative processes.

11:10:37 Your role is to approve or deny, ask any questions you wish

11:10:40 of the staff, but you can't start questioning the bidders at

11:10:43 this particular point.

11:10:44 That gets into an appeal process which is not appropriately

11:10:47 before you.

11:10:48 >>LISA MONTELIONE: Would you like to hear the question I

11:10:50 was going to ask and then you can --

11:10:53 >>SAL TERRITO: I didn't mean to interrupt you but I wanted

11:10:55 to finish my thought.

11:10:57 >>LISA MONTELIONE: I was going to ask why they did not

11:10:59 exercise their right to appeal or protest when given the

11:11:03 opportunity.

11:11:03 >>SAL TERRITO: Again, that's something for them to bring up

11:11:06 to a different body.

11:11:07 They had that right --

11:11:09 >>LISA MONTELIONE: What other body?

11:11:11 >>SAL TERRITO: Circuit court.

11:11:12 This is not an appeal process hear.

11:11:14 Your role here is if you don't like the process if you don't

11:11:16 like what's happening, you vote no.

11:11:19 And again I am not trying to cut off your right to discuss




11:11:21 these things.

11:11:22 I am simply saying you are getting into an area that is

11:11:25 really I don't think appropriately buff.

11:11:27 >>LISA MONTELIONE: Well, I mean, then we go through the

11:11:31 basic question is why do we approve these contracts?

11:11:34 If City Council doesn't have any say in whether or not we

11:11:40 feel that the process was followed, whether or not we think

11:11:45 that the review was appropriate, whether or not -- these are

11:11:51 on our agenda to approve or deny.

11:11:54 But we can't ask any questions.

11:11:57 >>SAL TERRITO: Again what I am telling you is this would

11:11:59 not have gotten to this point had not all these questions

11:12:02 been answered by the administration.

11:12:06 If you don't want to approve that, that's your privilege of

11:12:08 saying, no, I don't feel comfortable with the process and I

11:12:11 don't want to approve it.

11:12:13 I know you don't like to hear that, but that's the way it

11:12:15 is.

11:12:15 >>LISA MONTELIONE: Mr. Shelby, do you have any thoughts

11:12:18 that maybe you can help me here?

11:12:20 >>MARTIN SHELBY: Council, just to share with you -- and Mr.

11:12:24 Vaughan did bring this up -- that there is a bid process,

11:12:26 and that is done pursuant to city code.

11:12:29 And the city code was enacted pursuant to action of a City

11:12:33 Council.




11:12:34 I don't believe it was this City Council.

11:12:37 It was the previous City Council.

11:12:38 And obviously if there are issues with the process, the

11:12:44 protest process itself, that you may be hearing from, it

11:12:47 would be not necessarily in this particular case be but

11:12:56 certainly to is look at what that code is and its

11:12:59 applicability in the real world perhaps in light of some

11:13:02 discussions you heard from the people who spoke in public

11:13:05 comment to give you a context in which to review it.

11:13:08 Ultimately, Mr. Territo is correct, in terms of it would be

11:13:13 inappropriate for you to negotiate from the dais to a

11:13:24 particular item that's in front of you.

11:13:26 Your discretion based on the information provided to you is

11:13:29 to make a determination of whether to in fact approve it or

11:13:32 deny it.

11:13:32 >>LISA MONTELIONE: I'm not attempting to negotiate.

11:13:36 I'm attempting to understand why the individuals feel that

11:13:41 they were not heard during the bid process or why they chose

11:13:46 not to go down the road of the protest process.

11:13:52 Is there something about the process that needs to be looked

11:13:55 at?

11:13:57 That's all I want to know.

11:13:58 >>MARY MULHERN: Thank you, Mr. Chair.

11:14:01 I think this might be helpful for everyone since I can't

11:14:05 remember, and I think we did vote on the last council, Mr.




11:14:09 Miranda and I at least were here.

11:14:13 Mr. Territo, what were the changes that we made to that

11:14:17 protest process?

11:14:22 Mr. Vaughan, that was the last --

11:14:29 >>DAVE VAUGHAN: The impetus for doing this is the old

11:14:31 protest procedure did not provide for third party review.

11:14:34 This council was interested that to the extent that there

11:14:37 was a protest brought that the parties had a chance not just

11:14:41 to have city staff tell them again no, but to have a third

11:14:44 party.

11:14:44 And so that's part of it.

11:14:47 >>LISA MONTELIONE: What specifically did we do to have the

11:14:49 third party?

11:14:51 How did we change the process?

11:14:52 Because it used to be just city staff.

11:14:56 >>DAVE VAUGHAN: The previous process was that you filed a

11:14:58 protest with the director of the department.

11:15:01 Actually, you filed a protest to the department.

11:15:04 And if the finding was that it was upheld, then you appealed

11:15:10 to their supervisor.

11:15:12 And than supervisor was the final.

11:15:14 Now, there is a process where it's submitted to the city,

11:15:20 and they are required to provide substantive information,

11:15:23 not just emotional arguments about what their protest is.

11:15:26 It's reviewed by staff.




11:15:29 If it is rejected, then there is a third party provision

11:15:32 that comes into play, and the city has, I think, a couple of

11:15:36 attorneys on retainer specifically to provide third party

11:15:40 review.

11:15:40 >>MARY MULHERN: So --

11:15:45 >>DAVE VAUGHAN: So ultimately you get a decision that's just

11:15:48 city staff said no and go away and sue fuss want to.

11:15:51 It's a third party review of the process and circumstances.

11:15:58 >> But you still have to go through -- initially, on your

11:16:02 protest is heard by city staffed, and then you would have to

11:16:05 ask for the city to provide -- and the city provides and

11:16:14 pays for the third party attorney?

11:16:17 >>SAL TERRITO: I'm sorry.

11:16:17 The process is, we hire examiners, people who have expertise

11:16:23 to hear these cases.

11:16:24 So if you follow the protest procedure administratively,

11:16:27 then what you are doing is you are filing within a period of

11:16:30 time, get your hearing before that particular person.

11:16:33 If you don't like that person's decision, then you had the

11:16:36 right to go to circuit court from that particular point.

11:16:39 So it's an independent --

11:16:41 >>MARY MULHERN: It's a hearing master?

11:16:43 >>SAL TERRITO: A hearing master, correct.

11:16:45 That's procedure that you set up.

11:16:47 >>MARY MULHERN: And we did do the last council, right?




11:16:51 >>SAL TERRITO: Yes, you did.

11:16:52 >>MARY MULHERN: I just wanted to ask of Councilwoman

11:16:59 Montelione, because I think you are the one that has asked

11:17:05 to have this pulled for discussion, is that right?

11:17:09 >>LISA MONTELIONE: Well, all contracts over a million

11:17:11 dollars.

11:17:11 >>MARY MULHERN: So this one in particular that we have all

11:17:15 this backup, I need some explanation, and I also just want

11:17:20 to say that, you know, the council has on occasion -- and

11:17:28 obviously we came to this determination on the last council

11:17:30 that we needed a more objective process, so at least I think

11:17:34 the process has gotten a little better, but that was because

11:17:39 we did exercise our ability to vote down contracts.

11:17:46 And that's just what wave.

11:17:48 So if you feel -- and you need to just convince us, if you

11:17:52 think that there's a question about the fairness of this

11:17:54 contract, you need to convince us of that, and I don't even

11:17:59 understand at this point, because I think I missed the

11:18:04 public comment portion where this is one of the bidders

11:18:09 speaking.

11:18:10 >>LISA MONTELIONE: All three of them.

11:18:12 >>MARY MULHERN: From the 25 to 51%, is that an increase for

11:18:17 the prime contract?

11:18:18 Or is that a decrease for the prime contract?

11:18:23 So the prime contractor went up to 351%.




11:18:26 Okay.

11:18:26 So then this is -- I think you said this, Mr. Vaughan, but

11:18:31 it's still not clear to me because -- okay, this is the

11:18:35 contract from -- I don't know, I can't tell from the date,

11:18:41 the copy we have.

11:18:42 But is this the original contract?

11:18:45 Or is this -- the 25 to 51% changed.

11:18:56 >>DAVE VAUGHAN: It change in the 80s and this is standard

11:18:58 boilerplate language that appeared in every one of our bids

11:19:02 since that time.

11:19:03 >>MARY MULHERN: Okay.

11:19:05 Every one of your bids, subcontracts and assignments changed

11:19:12 25% to 51%.

11:19:17 And that is a change saying that is the maximum --

11:19:27 >>DAVE VAUGHAN: The intent of the provision is for the prime

11:19:29 to perform the majority of the work.

11:19:32 >>MARY MULHERN: Majority of the work.

11:19:35 Okay.

11:19:35 So I guess I need, in this case, on this particular agenda

11:19:40 item, this particular contract, Councilwoman Montelione,

11:19:51 explain to me specifically what the problem is with that.

11:19:57 It sounds like it's been in there all along but I'm trying

11:20:01 to understand what the problem with that is.

11:20:06 >>CHARLIE MIRANDA: I am going go to Mr. Suarez, and if we

11:20:09 can answer that question, Mr. Suarez.




11:20:10 >>MIKE SUAREZ: Mr. Territo, the question I have -- and I

11:20:16 think that you answered it but I am going try to clarify it

11:20:19 a little more in my own mind.

11:20:20 Administrative law is a little different than other parts of

11:20:23 the legal world in terms of what we can and can't do.

11:20:27 We as a legislative body, because we approve contracts that

11:20:31 the administration proposing proposes to us, our role has

11:20:35 not to be in the process itself.

11:20:38 And I understand your answer was yes, you cannot be involved

11:20:41 in that process.

11:20:42 The only thing we can question is how is that process set up

11:20:45 and whether it's fair?

11:20:46 And that's our role in terms of that.

11:20:48 Is that correct?

11:20:51 >>SAL TERRITO: That's correct.

11:20:52 >>MIKE SUAREZ: I think you mentioned that the bidders that

11:20:54 were hear today, that complained about the bidding itself,

11:20:58 did not partake of the protest of the bid.

11:21:04 Is that correct?

11:21:05 >>SAL TERRITO: That's correct.

11:21:07 >>MIKE SUAREZ: Because I think that Councilwoman Montelione

11:21:10 has a good point.

11:21:11 But the problem is that we cannot advocate.

11:21:14 That's part of the problem.

11:21:15 For me in terms of this contract not having someone advocate




11:21:19 their own position in the set-out proposal, the set-out

11:21:25 procedure, is what disturbs me.

11:21:26 I'm not sure why that is.

11:21:28 I know we are not going to get that answered.

11:21:30 I think they did a disservice to themselves in not doing

11:21:33 that.

11:21:33 That's my own thinking.

11:21:35 In terms of the number of days or the -- I think it's a

11:21:40 72-hour window that they can -- Mr. Vaughan, is that

11:21:44 correct?

11:21:49 >>SAL TERRITO: 72 hours, that's correct.

11:21:51 >>MIKE SUAREZ: I think that goes back to process.

11:21:53 At one point we may want to look at the time frame in terms

11:21:56 of the process.

11:21:57 Now, again, when you are going big, you do know that going

11:22:01 in.

11:22:01 I know people that bid in front of the city, they understand

11:22:04 that process, they get prepared for it.

11:22:06 There are lots of different things that can be thrown at

11:22:10 them.

11:22:10 I think we may want to the look at that at a future time

11:22:13 frame.

11:22:13 Short of that, I think the petitioners probably should have

11:22:17 come and made that known within that 72 hour process.

11:22:22 I know it's difficult.




11:22:23 I know people that had to go through it but they have

11:22:25 completed it.

11:22:26 So I just wanted to make sure that administrative law,

11:22:29 because of procedures that we have in place now, that's why

11:22:31 we cannot go into this in front of this particular body at

11:22:36 this moment.

11:22:37 >> It's administrative law the way the charter for the city

11:22:41 is set up.

11:22:43 >> MIKE SUAREZ: Because you said it goes to circuit court.

11:22:46 I would assume they are going to look at our charter.

11:22:49 And there are administrative law precedents that will be lad

11:22:51 at concerning that.

11:22:53 Look at our charter and what our process is.

11:22:55 And if they really did have a reason -- excuse me, if they

11:22:59 really did have a process for protesting the bid, short of

11:23:04 that, our role is not to abandon the process and stop it

11:23:11 midterm.

11:23:12 It's either approve or disapprove.

11:23:14 And if we want to talk about process, I think we can do that

11:23:17 at different times.

11:23:18 Thank you.

11:23:20 >>CHARLIE MIRANDA: Any other council member who has not

11:23:21 spoken care to speak?

11:23:23 Mrs. Montelione, you have the floor.

11:23:24 >>LISA MONTELIONE: Thank you, sir.




11:23:26 Mr. Shelby, can you recite for us what the charter says to

11:23:33 the point Mr. Suarez was making as far as our role, and is

11:23:39 it 2.14 of the charter, investigation?

11:23:45 >>MARTIN SHELBY: There are two points in the charter.

11:23:47 Obviously, the separation of functions, which is what Mr.

11:23:51 Territo is referencing.

11:23:54 2.14 is within the purview of the City Council, and that's

11:23:59 an investigation.

11:23:59 And that says in the exercise of its legislative powers, the

11:24:04 council or any special purview thereof shall have the power

11:24:09 to hold such hearings as the council shall deem necessary,

11:24:12 expedient and proper, and shall have the power to compel the

11:24:15 advance of witnesses for production of evidence by the

11:24:17 issuance of S&P and have -- subpoena, and a fine, and each

11:24:26 day any contempt shall continue shall be deemed a separate

11:24:30 offense.

11:24:31 So in that sense, then council does have the power under the

11:24:34 charter of conducting such investigations as it shall deem

11:24:40 necessary.

11:24:40 >>LISA MONTELIONE: Does that apply to the bidding process?

11:24:50 If information comes to us whether directly from the bidders

11:24:53 to -- or the parties to the contract, the bidders, if

11:24:57 information comes to us where there may have been

11:25:01 impropriety or misinformation and by some strange reason the

11:25:08 72-hour deadline was missed by someone to protest, would we




11:25:14 then be able to conduct an investigation as to those

11:25:17 improprieties?

11:25:18 >>MARTIN SHELBY: The short answer is yes, with a caveat.

11:25:26 And that is -- and I believe it's as Mr. Territo stated, the

11:25:30 recourse would be for any party that feels aggrieved can

11:25:37 appeal that to circuit court.

11:25:38 That is something else over which would like to avoid if at

11:25:45 all possible.

11:25:46 By the same token, you do have the opportunity to be able to

11:25:49 make an informed decision as a City Council as to whether in

11:25:54 your legislative capacity it is appropriate to either

11:25:58 approve this contract and permit the mayor to sign it or

11:26:04 under the fact as you determine to the be to deny that, and

11:26:09 cause the administration to have to respond to that in

11:26:12 whatever way the administration chooses to do so.

11:26:15 So the question -- the short answer is, it would be

11:26:19 appropriate for you to make inquiries, but not in a way that

11:26:24 advocates for one particular party or the other, or for the

11:26:29 particular purpose of bettering another party's position as

11:26:34 a result of your decision.

11:26:36 So that should not the purpose of your inquiry.

11:26:39 >>LISA MONTELIONE: Okay.

11:26:44 To answer Councilwoman Mulhern's question, what we are

11:26:47 looking at is the instruction to bidders.

11:26:50 So when the bidders are looking at the contract documents




11:26:55 and the specifications, any change to the specifications or

11:26:59 contract documents is in these instructions, and that's

11:27:04 why -- I'm sorry, if this section on the 25 to 51% was

11:27:12 changed in the 1980s, I think you said, Mr. Vaughan?

11:27:15 I'm really not sure why it's still showing up in the

11:27:18 instructions to bidders that it has to be changed, because

11:27:23 if this is something that's been in the city's policy from,

11:27:30 let's say, 80, 90, 20 years ago, why are we still finding it

11:27:36 in the instructions as a change?

11:27:40 After 20 years we haven't been able to change our bidder

11:27:43 document?

11:27:44 >>DAVE VAUGHAN: A short answer to that I will attempt.

11:27:48 That is only one of a number of provisions that are in the

11:27:51 instruction to bidders and are in the boilerplate of the

11:27:54 document that reconcile a number of document.

11:27:59 The history of Tampa's bidding documents actually goes way

11:28:03 back before the 80s, goes back to different forms of

11:28:07 bidding and documents, and they are there.

11:28:14 Could you do a comprehensive boilerplate revision and pull

11:28:17 all of those things out so they are not listed separately

11:28:19 like that.

11:28:20 But they are there in the boilerplate.

11:28:22 They are there legally.

11:28:25 And they are.

11:28:26 >> This is a policy from the 1980s.




11:28:30 If we change that provision of a contract, why is it in the

11:28:33 boilerplate?

11:28:35 >>DAVE VAUGHAN: Because it is.

11:28:35 >>LISA MONTELIONE: We have documents that haven't been

11:28:41 updated to reflect the current provisions for 20 years?

11:28:48 >>DAVE VAUGHAN: The documents are current.

11:28:49 The format that has been used is the format that you have,

11:28:55 that put the provisions in the form it is in.

11:28:58 >> How can it be if the policy is from the 80s --

11:29:03 >>DAVE VAUGHAN: Because the policy is still in effect.

11:29:06 >>CHARLIE MIRANDA: Please, we can do this all day long and

11:29:08 we are not going to get anywhere.

11:29:09 This show you I view this.

11:29:10 We had a bid go out.

11:29:13 Individuals, coms companies, addressed that bid, came down

11:29:16 to responsible bidders that are here.

11:29:20 They bid.

11:29:22 During that bid process, the city is obligated, meeting the

11:29:27 qualifications of that company, to accept the lowest bid.

11:29:31 We are not accepting the highest bid versus the lowest bid,

11:29:37 we are going to go with the highest bidder because the

11:29:40 second and third bidders were not qualified.

11:29:43 He's not saying that, if I recall.

11:29:45 Yes, it's true we changed this in the last council.

11:29:48 Ms. Mulhern alluded to that.




11:29:49 What was the change?

11:29:50 No one explained.

11:29:51 I think I remember, it used to be appealed to the chief of

11:29:54 staff.

11:29:54 Am I correct?

11:29:56 And that was changed so that the playing field would be even

11:29:59 for all, those that wanted to retain and those that wanted

11:30:04 to have to be knocked out of the bid process so they can

11:30:08 have the bid.

11:30:08 After all in today's economic times, and even when economic

11:30:12 times are good, people are always looking, companies are

11:30:15 always looking to do what's right for their individuals.

11:30:18 And for their company.

11:30:19 I understand that.

11:30:22 P however, you know when they say 72 hours is not long

11:30:26 enough.

11:30:27 72 hours is a very long time for these individuals to say,

11:30:31 oh, this is something because they know that bid process as

11:30:34 well as any attorney that would ever come here because they

11:30:37 have done it many, many, meantimes.

11:30:39 So you lose and you say, ooh, let's go to City Council.

11:30:43 We'll get them to change it.

11:30:48 Well, it's not so with me.

11:30:49 I don't know about the others but I can tell you now, you

11:30:51 had your time.




11:30:52 You went all through the bid process, the lowest responsible

11:30:56 bid was accepted.

11:30:58 When you go into investigations and court ordered subpoenas

11:31:02 and so forth, that's there for wrongdoing.

11:31:06 I have yet to see a presentation today in this forum where

11:31:11 somebody did something illegal.

11:31:15 That's what I look at.

11:31:18 So we hired a group of individuals, I remember -- I think

11:31:24 there was two or three chosen at the end, and one I think

11:31:27 come from Manatee County, if I remember now.

11:31:29 I may be wrong there.

11:31:31 But those individuals sit in on appeal processes, just like

11:31:37 different agencies that are in the city.

11:31:39 So they lost the bid.

11:31:43 They come here to try to reverse the bid after, A, they

11:31:47 didn't do their 72 hour.

11:31:49 They have a right, even if this passes, they have a right to

11:31:52 go to court.

11:31:54 And guess what happens if this does not pass.

11:31:58 The lowest bidder also has a right to go to court.

11:32:02 And let someone else determine that.

11:32:06 When individuals come here, rightly so, this is a public

11:32:08 forum.

11:32:10 I listen to everybody that comes here.

11:32:13 Under these circumstances, you are in the wrong place.




11:32:18 If you think that the city has neglected you, if you think

11:32:21 that the city has in any way cheated you, guess what we are

11:32:25 talking about. If you think there's been payoffs, if you

11:32:28 think about anything else, then go to court.

11:32:36 No, I am not taking discussions.

11:32:38 I'm not.

11:32:39 So you have the right to protect your company.

11:32:42 You have the right to protect your employees.

11:32:44 And above all, you have the right to appear, and you did

11:32:48 appear.

11:32:49 So I don't know what the council is going to do.

11:32:52 But this discussion could go on from now to the next year,

11:32:57 2012, and in this chamber, it will not be resolved because

11:33:01 there's a difference.

11:33:02 This is like a marriage.

11:33:05 I learned one thing.

11:33:06 Never get involved in a divorce, because the parties could

11:33:11 get back together.

11:33:12 So I'm just trying to say, you can argue, you can dispute.

11:33:18 I can't set that policy.

11:33:20 I can either vote it up or I can vote it down.

11:33:22 And that's up to the seven members of this council.

11:33:25 >>FRANK REDDICK: Mr. Chairman?

11:33:28 Move resolution number 71.

11:33:30 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick. Did I a




11:33:32 second?

11:33:34 Second by Mr. Suarez.

11:33:35 Further discussion by council members?

11:33:36 All in favor of the motion please indicate by saying aye.

11:33:39 Opposed, nay.

11:33:41 Motion passes 6 to 1.

11:33:43 Thank you all very much for attending.

11:33:45 We go to item number 72.

11:33:54 This is acceptance of marine construction -- Orion marine

11:34:01 construction formerly known as Meissner marine construction.

11:34:04 >> this is an item that has been on your agenda and off the

11:34:08 agenda a couple of times primarily to allow some private

11:34:10 repair of sea wall adjacent to this project to happen.

11:34:14 We are now ready to go forward.

11:34:15 When we get done with it we will have continuance riverwalk

11:34:18 from MacDill park all the way to Channelside.

11:34:22 >>CHARLIE MIRANDA: Further discussion by council members?

11:34:26 >>MIKE SUAREZ: I move item number 72.

11:34:30 >>HARRY COHEN: Second.

11:34:32 >>CHARLIE MIRANDA: All in favor of the motion?

11:34:34 Opposed?

11:34:35 The Ayes have it unanimously.

11:34:36 Item number 73.

11:34:38 >>MIKE SUAREZ: I think this is part 2 of the same project.

11:34:43 I move item 73.




11:34:44 >>HARRY COHEN: Second.

11:34:47 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

11:34:49 Question by council members?

11:34:50 All in favor of the motion please indicate by saying aye.

11:34:53 Opposed nay.

11:34:54 The Ayes have it unanimously.

11:34:55 Item 74.

11:34:59 This is a resolution being presented for first reading

11:35:02 consideration regarding the individuals.

11:35:13 Mr. Shelby.

11:35:13 >>MARTIN SHELBY: I have provided this resolution, which I

11:35:18 hope is consistent with council's intent pursuant to a

11:35:22 discussion.

11:35:25 Very brief, just for the benefit of council and the public,

11:35:27 if I may just read them.

11:35:30 It's adding a new subsection C.

11:35:35 One, if a council member is not able because of illness to

11:35:37 be physically present at the meeting where there is already

11:35:40 a quorum, the council member shall be permitted to

11:35:43 participate and vote by audio or video teleconferencing

11:35:48 except in quasi-judicial matters.

11:35:50 Two, remote participation by audio or video teleconferencing

11:35:55 due to extraordinary circumstances other than illness may be

11:35:59 permitted except in quasi-judicial matters, only by a vote

11:36:03 of City Council prior to participation by the council member




11:36:07 making such a request.

11:36:14 If you wish to entertain that, council, the process pursuant

11:36:17 to your rules is that the title is read at two consecutive

11:36:22 public meetings, so it would be, if council wishes it read

11:36:26 by title today, then it would be read by title on the

11:36:29 5th of January 2012 at which time it would then take

11:36:32 effect.

11:36:34 >>CHARLIE MIRANDA: Mr. Suarez?

11:36:34 >>MIKE SUAREZ: Mr. Shelby, one quick question on G-2, the

11:36:39 resolution.

11:36:44 Extraordinary circumstances will be by the vote of the

11:36:46 council only, meaning that we can make that decision,

11:36:50 whether it's bereavement or any other type of extenuating

11:36:54 circumstance, correct?

11:36:54 >> That's correct.

11:36:56 It's within council's discretion.

11:36:57 >> Okay.

11:36:59 I would like to move that resolution if there's no other

11:37:02 discussion.

11:37:04 >>CHARLIE MIRANDA: We have a motion by Mr. Suarez.

11:37:07 Mrs. Montelione seconded the motion.

11:37:08 You got the floor.

11:37:10 >>LISA MONTELIONE: Do we need to put any technical

11:37:13 provisions in there so that the proper support is provided

11:37:19 to us from technology and innovation?




11:37:24 I would imagine it would be the appropriate department.

11:37:26 >>MARTIN SHELBY: The short answer, council, logistically we

11:37:32 can work out whatever process, if it's the rule.

11:37:35 According to -- it could be done almost instantaneously, by

11:37:43 telephone technology.

11:37:46 Telephonically it's already present.

11:37:47 >>LISA MONTELIONE: Just wanted to Mike sure.

11:37:51 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

11:37:54 Mrs. Montelione.

11:37:55 Do you want to read the resolution?

11:37:56 >>MIKE SUAREZ: A resolution amending the rules and

11:37:59 procedure governing meetings of the City Council of the City

11:38:01 of Tampa creating rule 3-G to permit remote participation by

11:38:07 a member who is not physically able to attend the meeting

11:38:09 where a quorum is present, providing an effective date.

11:38:12 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

11:38:13 I have a second by Mrs. Montelione.

11:38:15 Further discussion?

11:38:16 All in favor of the motion?

11:38:18 Opposed?

11:38:20 Motion passes 6 to 1.

11:38:27 Okay, I need information reports from right to left.

11:38:31 Mr. Suarez.

11:38:31 >>MIKE SUAREZ: Thank you, Mr. Chair.

11:38:35 One thing, before we start to talk about -- and I will




11:38:39 mention this later on about our celebration coming up for

11:38:43 the holiday season.

11:38:48 On Christmas day, I believe it was 50 years ago, a gentleman

11:38:51 by the name of Harry T. Moore was killed at his home.

11:38:56 Harry T. Moore was the head of the NAACP here in the State

11:38:59 of Florida.

11:39:01 His murder is not as public as some of the others that wave

11:39:05 seen over the course of the civil rights movement, but an

11:39:10 incredibly important chapter in our history here in the City

11:39:14 of Tampa, and the State of Florida.

11:39:20 Mrs. Saunders, who just passed away, I believe a week and a

11:39:22 half ago, who was the wife of Bob Saunders, what ho was a

11:39:26 long-time advocate and participant in NAACP proceedings, was

11:39:32 a neighborhood in Florida, in Brevard county.

11:39:38 I just wanted to mention that, and think that we should

11:39:41 think about these things, how far we have come, how much

11:39:44 further we have to go along.

11:39:46 Tonight the NAACP is having their Freedom Fund dinner and I

11:39:50 hope that most people celebrate their Christmas holiday this

11:39:52 year remember that there are many things that we need to

11:39:56 solve in this country, many things we need to solve in this

11:39:58 state, and in this city, and just remember that it's been a

11:40:03 long, hard road for all of us, and that we appreciate those

11:40:06 pioneers that came before us.

11:40:09 >>CHARLIE MIRANDA: Thank you.




11:40:10 We appreciate it very much.

11:40:11 Mrs. Capin.

11:40:12 >>YVONNE CAPIN: Two things.

11:40:13 I would like to make an announcement that there is a

11:40:16 barbecue and raffle fund-raiser for injured U.S. marines,

11:40:20 Nick battles, Nick's 19-year-old son, firefighter paramedic,

11:40:26 and the Tampa firefighters museum, it's being held there at

11:40:32 720 east Zack Street, Saturday December 17 from 3 to 6 p.m.

11:40:36 and it's barbecue and donations can be directed to Tampa

11:40:41 firefighters charity, 3116 North Boulevard, Tampa, Florida

11:40:44 33603.

11:40:47 And this would be to help fund raise for this marine who has

11:40:52 just returned from a battle.

11:40:58 Secondly, I would like City Council to consider resolution

11:41:05 stating that we are against not opening up Cypress Creek to

11:41:10 additional hundredth because of bike paths and trails there,

11:41:15 and I just want to let you know that the Board of County

11:41:18 Commissioners has passed a resolution yesterday and Pasco

11:41:23 has done the same.

11:41:24 >> Second?

11:41:25 I have a motion for resolution from Mrs. Capin, second bid

11:41:29 Mrs. Montelione.

11:41:30 Any further discussion of that resolution?

11:41:32 All in favor of the motion please indicate by saying aye.

11:41:35 Opposed, nay.




11:41:36 Motion passes unanimously.

11:41:38 Anything else?

11:41:39 Thank you.

11:41:39 Mr. Reddick?

11:41:40 >>FRANK REDDICK: Thank you, Mr. Chairman.

11:41:41 I hope you can bear with me for about one minute so that I

11:41:46 can display this, and then I want to put a motion into

11:41:49 effect, and that is a young man in East Tampa who has taken

11:41:54 an abandoned home, gutted it, invested thousands and

11:41:59 thousands of dollars into making it a bakery, a small

11:42:04 restaurant, and there is no sidewalk within 300 feet of that

11:42:07 property.

11:42:10 The city code force him to put a sidewalk around his

11:42:15 property because the city code, section 22-103, and he is

11:42:25 concerned about it that he has invested all this money

11:42:28 inside, and they are saying you have to put a sidewalk

11:42:33 around to do it, to meet the new code established by city

11:42:38 government.

11:42:38 And the city administration referred me to section 222-103,

11:42:45 any construction -- that he has to do that, and with that in

11:42:50 mind, I mean, there's no sidewalk, no residential sidewalks,

11:42:56 no commercial sidewalk.

11:42:57 There's a church out there without any sidewalk.

11:43:01 But they are saying because -- and this is the only

11:43:05 building.




11:43:06 There's nothing there within 300 feet.

11:43:09 And Mr. Chairman, I think it's wrong, and they are saying,

11:43:16 he can get a waiver, but he has to pay $25 for a fee and all

11:43:22 of this, and I just think this is not right.

11:43:25 So what I am requesting as far as the motion, that legal

11:43:30 department come back on January 5th under staff report,

11:43:34 and provide a draft ordinance that will eliminate the need

11:43:38 for sidewalks where there are no sidewalks in the area of

11:43:43 distant building, a block of 300 feet or less.

11:43:51 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

11:43:52 by --

11:43:56 >>MIKE SUAREZ: I'll second that.

11:43:58 >>CHARLIE MIRANDA: By Mr. Suarez.

11:43:59 Discussion?

11:44:01 >>MARY MULHERN: I thought you said -- we did vote on

11:44:05 sidewalk ordinance change.

11:44:12 >>CHARLIE MIRANDA: We did.

11:44:12 I don't recall all the awarding of language and fee, but if

11:44:17 you had a fair hydrant, if you had a ditch, the rules were

11:44:20 that way.

11:44:22 Not that the person didn't care. So we did make some

11:44:25 substantial changes to the sidewalk ordinances, where people

11:44:28 paid thousands of dollars into a fund, and they never got a

11:44:33 sidewalk.

11:44:34 It went to my yard or somebody else's front yard or




11:44:36 somewhere along the line.

11:44:37 And at that time, in fact I remember an article written by

11:44:44 the times, by Elizabeth Parker, who was kind enough to ride

11:44:49 in a car and look at sidewalks that dead-ended because of an

11:44:54 oak tree, so you aren't going to walk around through the oak

11:44:57 tree, you are going to walk around it.

11:44:58 If you walk around you are going to walk on the street and

11:45:01 those things were addressed.

11:45:02 I don't know if it was 300 feet or three blocks that was put

11:45:06 into the ordinance.

11:45:07 What I think the city has to do -- and I agree with the

11:45:09 motion on the floor -- is that you have to give that

11:45:13 individual, whoever he or she is, not only in this case but

11:45:16 in any case, one is the proximity of the City of Tampa

11:45:21 coming in and putting sidewalks after you spend your

11:45:24 hard-earned money.

11:45:25 And it used to be that sidewalk constructions were like

11:45:29 40-some-dollars a linear foot.

11:45:33 And it came down substantially, something around 30 or less.

11:45:36 So we made progress.

11:45:39 But I welcome Mr. Reddick's comments and the second on that

11:45:43 motion and see where we go from there.

11:45:47 Certainly work with Mr. Reddick's aide and see what we can

11:45:51 come up with.

11:45:52 Mrs. Montelione has the motion.




11:45:54 >>LISA MONTELIONE: On the can economics competitiveness

11:45:57 committee this is one of the issues we are discussing, and

11:45:59 there will be changes discussed, probably it's going to go

11:46:02 to a subcommittee because we are winding down with our

11:46:05 recommendation report.

11:46:07 I just suggested -- and it was approved that we add another

11:46:12 meeting to our schedule, because we are not quite there yet

11:46:15 with the recommendation document.

11:46:19 Sidewalks is something that just came up this week on

11:46:21 Tuesday for maybe the third or fourth or fifth time as part

11:46:26 of the committee's discussion.

11:46:28 It's also another discussion we have is that we need more

11:46:33 sidewalks.

11:46:35 And we had a lengthy discussion here and sidewalks in

11:46:43 places.

11:46:44 We have the complete streets resolution that's going to be

11:46:49 come to us, hopefully to implement an ordinance which also

11:46:53 addresses sidewalks.

11:46:54 Sidewalks are a big issue when we are number two in the

11:46:58 country in pedestrian bicycle deaths.

11:47:02 It's something that is widely discussed, how to accomplish

11:47:09 where those sidewalks are and who puts them in and who pays

11:47:12 for them is another discussion, but my hesitation is that if

11:47:17 we instruct legal department to come up with something else,

11:47:25 in a month or two, we are going to have to revise it because




11:47:28 it's going through the process of an overhaul code ordinance

11:47:32 that we are doing through staff anyway.

11:47:36 So I hate to have duplicative work going on -- and that's my

11:47:46 only issue with carrying on and making a resolution today

11:47:48 asking legal to come back now with a report on how to change

11:47:51 that when that's already in the works.

11:47:56 >>CHARLIE MIRANDA: Thank you.

11:47:56 I appreciate all the work of council members.

11:47:58 Anyone else like to speak?

11:48:00 >>MIKE SUAREZ: A friendly amendment, taking the point that

11:48:08 Mrs. Montelione mentioned instead of being an ordinance but

11:48:10 a report about how we are going to gel in what we have on

11:48:16 the recommendation.

11:48:16 And I will say, Mr. Reddick, for me it's a personal thing.

11:48:19 I have a sidewalk in my front yard from having added onto my

11:48:23 home, and guess where it goes.

11:48:25 Nowhere.

11:48:26 I have my own personal sidewalk.

11:48:27 I really love it.

11:48:28 But I wish other people could share it with me.

11:48:30 And that cost me money to do the exact same thing.

11:48:33 And I think what the previous council did on sidewalks was a

11:48:37 good idea but I don't think it was there yet.

11:48:39 >>FRANK REDDICK: Well, if I may, Mr. Chairman, the only

11:48:42 concern I have is that I don't know when the economic




11:48:47 development team will come back with their report, six

11:48:49 months, eight months or a year.

11:48:52 When will the report be finalized?

11:48:55 >>LISA MONTELIONE: The report is going to be finalized.

11:48:58 We were hoping for the end of January.

11:49:00 It may be the first week or two of February.

11:49:03 And that report will go to the mayor.

11:49:05 And then the mayor will direct staff to start implementation

11:49:08 of the recommendation.

11:49:09 So with the core plan going on now that's being studied

11:49:19 that's being done, there is a lot of work.

11:49:23 >>FRANK REDDICK: Well, the only problem I have, the mayor

11:49:25 doesn't have to accept a recommendation that comes from the

11:49:27 community.

11:49:28 >>LISA MONTELIONE: This is a high profile subject.

11:49:31 So I truly believe that will be acted on.

11:49:36 >>FRANK REDDICK: The only problem is we have people out

11:49:39 there that invested all this money, and required to put

11:49:42 these sidewalks in, and I hate to see this person or anyone

11:49:45 else -- the business of going formal with this, because this

11:49:56 person is at the point where he would rather just stop,

11:49:59 because a lot of money he's going to put in and invest in

11:50:03 sidewalks, that's something that he can put in chairs -- I

11:50:09 mean, this is something for a new sink, and new restroom,

11:50:14 and he's just frustrated that there's in a sidewalk on 300




11:50:19 feet of that property.

11:50:20 It's a residential sidewalk, commercial sidewalk, and he's

11:50:23 being forced to put sidewalks.

11:50:25 The only sidewalk you are going to see in that area.

11:50:34 You can always come back with an ordinance and amend the

11:50:38 ordinance.

11:50:38 >>MARY MULHERN: I just want to make a suggestion to Mr.

11:50:42 Reddick and Mrs. Montelione.

11:50:44 Maybe you could invite this individual to the economic

11:50:49 development meeting where they are going to discuss

11:50:51 sidewalks, and he can go and present his perspective.

11:50:56 It might help.

11:50:57 >>CHARLIE MIRANDA: I still don't have a second to the

11:51:02 motion.

11:51:04 Seconded by Mrs. Montelione.

11:51:05 >>LISA MONTELIONE: No, Mr. Suarez.

11:51:09 He seconded.

11:51:11 >>CHARLIE MIRANDA: My apologies.

11:51:12 Mr. Suarez, the honorable Mr. Suarez.

11:51:15 Then you added a friendly amendment.

11:51:17 Can you read that amendment again?

11:51:19 >>MIKE SUAREZ: Instead of making it an ordinance, a

11:51:21 recommendation that we wait for the ECC recommendations on

11:51:24 sidewalks before we move forward with the ordinance.

11:51:28 And I guess we can vote on that.




11:51:32 >> In the interim, as I remember, the chair of public works,

11:51:37 I would like for you, sir, to make an inquiry for that

11:51:40 department to find out what the stat success of this one

11:51:44 location and what the city may have to come back with, the

11:51:49 long-term range of opportunities to continue the sidewalk

11:51:51 process and come back January 5th, if you can do that

11:51:56 for this council, we appreciate it.

11:51:59 We have a motion by Mr. Reddick, second bid Mr. Suarez with

11:52:02 a send friendly amendment.

11:52:03 All in favor of that motion?

11:52:07 Bring the report by the 5th which is much closer than 30

11:52:10 days, if I recall.

11:52:11 All in favor of the motion please indicate by saying aye.

11:52:14 Opposed, nay.

11:52:15 The ayes have it unanimously.

11:52:16 All right.

11:52:17 We get to the next is Ms. Mulhern.

11:52:23 New business.

11:52:23 >>MARY MULHERN: I have none.

11:52:27 >>CHARLIE MIRANDA: Thank you very much.

11:52:28 Mr. Cohen.

11:52:28 >>HARRY COHEN: On that note I also want to wish everyone a

11:52:32 happy and healthy new year.

11:52:34 I look forward to seeing you all back in January.

11:52:39 >>CHARLIE MIRANDA: Do you know somebody is leaving or




11:52:40 something?

11:52:42 [ Laughter ]

11:52:43 Maybe you know something.

11:52:45 Mrs. Montelione?

11:52:46 >>LISA MONTELIONE: Thank you, Mr. Chair.

11:52:47 I want to remained everyone to go to refresheverything.com

11:52:53 and vote for Wharton high school.

11:52:56 We have until December 31st to vote for their projects

11:53:01 for improvement to their track.

11:53:03 So that's refresheverything.com.

11:53:05 And put Wharton in the search box.

11:53:08 I also want to remained anyone if they are still hoping to

11:53:12 make a child very happy this Christmas, the gift of a $15 or

11:53:18 less toy, appropriate for an elementary age child would be

11:53:23 greatly appreciated.

11:53:24 You can contact my office 274-7073 and we will be happy to

11:53:28 pick up your donation or tell you where it can be dropped

11:53:32 off to be provided for a child in need this holiday season.

11:53:39 The other item I want to bring up is something that we

11:53:41 talked about back in November.

11:53:44 It was originally scald September 22nd and came back to us

11:53:48 on October 27th.

11:53:50 There was discussion regarding the QTI process application.

11:53:54 We had quite a bit of lengthy discussion, and I felt we were

11:53:58 on the verge of a motion.




11:54:00 But when I reviewed the tape, there was not a motion made,

11:54:04 and I thought it was the intent of actually it was Mr.

11:54:09 Suarez who was speaking to that, but it never actually made

11:54:13 it in the form of a motion to have any language drawn up

11:54:18 that would address putting QTI applications on a fast track

11:54:23 or a special meeting of council or anything of that nature.

11:54:27 So to me it felt like it was just something unfinished and

11:54:33 hanging out there.

11:54:34 So I would just like to bring up where that might be.

11:54:40 >>CHARLIE MIRANDA: All I need is a motion and we'll be all

11:54:42 right to fast track.

11:54:46 >>LISA MONTELIONE: All right, so I would like to make a

11:54:49 motion that legal come back to us for amending council's

11:54:53 rule of procedures to accommodate the request of economic

11:54:56 development relating to special called meetings to discuss

11:54:59 QTI applications.

11:55:05 >>CHARLIE MIRANDA: I need a second which I have now by Mr.

11:55:07 Suarez.

11:55:08 No sense of bringing it up.

11:55:09 I have a motion by Mrs. Montelione, second by Mr. Suarez.

11:55:12 Discussion?

11:55:14 Mr. Shelby.

11:55:14 >>LISA MONTELIONE: Mrs. Montelione, you the maker of the

11:55:18 motion, usually it's my role to --

11:55:28 >>LISA MONTELIONE: Yes, Mr. Shelby.




11:55:29 >>MARTIN SHELBY: The other thing is just for the purposes

11:55:33 of the motion, I had presented a memo with some draft

11:55:37 language, rather lengthy as it is, but I didn't know whether

11:55:40 that was acceptable to council or if council wanted

11:55:42 something simpler, or whether we should just go forward with

11:55:46 that.

11:55:47 I didn't any direction specifically relative to that

11:55:50 language so I don't know what council wishes to have me do,

11:55:54 follow the language I had proposed or to bring back

11:55:57 something different based on that discussion.

11:56:02 >>CHARLIE MIRANDA: If it's in the same discussion that we

11:56:04 had without a motion, now we do have a motion and it's

11:56:09 directed to you. So if you could read the memo, if you have

11:56:11 to make any adjustments in it and do that, that's only my

11:56:15 suggestion.

11:56:15 >>MARTIN SHELBY: That would be fine, thank you.

11:56:18 >>CHARLIE MIRANDA: Okay.

11:56:18 Further discussion?

11:56:19 I have a motion on the floor by Montelione, second by Mr.

11:56:21 Suarez.

11:56:21 All in favor of the motion please indicate by saying aye.

11:56:24 Opposed, nay.

11:56:25 The Ayes have it unanimously.

11:56:26 Anything else, Mrs. Montelione?

11:56:28 >>LISA MONTELIONE: One more thing.




11:56:29 And the discussion we went through this morning, debate or

11:56:33 discussion on the process forbidding procurement, contract

11:56:40 administration, and the appeal process, and there were

11:56:45 changes, and I think what Ms. Mulhern, Councilwoman Mulhern

11:56:49 was saying that we did make changes to make the process a

11:56:53 little better.

11:56:54 We may not quite be there yet as far as reaching something

11:57:02 that would be reviewable by council.

11:57:05 And really, I mean, we have got language that's 20 years old

11:57:11 that's still on a boilerplate, template contract language

11:57:14 and we still have to go back and make sure that people are

11:57:18 directed to know that there were changes.

11:57:24 That really disturbed me that our contract documents are

11:57:28 that out of date.

11:57:29 So I would like to have contract administration appear and

11:57:33 give us a report, possibly again, it seems like we still

11:57:38 have room on the February 23rd calendar.

11:57:40 So February 23rd, 9 a.m., contract administration to

11:57:43 come and give us a report on the process of having an

11:57:51 appeal, or a protest filed, what that process is, and the

11:57:58 changes that were made with the last council, and perhaps

11:58:01 take another go around at that.

11:58:04 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

11:58:05 second by Mrs. Mulhern.

11:58:07 Further discussion?




11:58:08 All in favor?

11:58:09 Opposed?

11:58:09 The Ayes have it unanimously.

11:58:10 >>THE CLERK: Clarification, that is for the workshop

11:58:15 session?

11:58:16 >> Yes, February 23rd, 9 a.m., council workshop.

11:58:20 >>CHARLIE MIRANDA: We go to the general public.

11:58:22 I have a gentleman in the back.

11:58:24 We are at that section right now.

12:03:46 (Public comment)

12:03:50 (Meeting adjourned)

12:05:28



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