Help & information    View the list of Transcripts



TAMPA CITY COUNCIL

Workshop Session

Thursday, March 28, 2013



DISCLAIMER:

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.


09:05:24 [Sounding gavel]

09:06:25 >>CHARLIE MIRANDA: City Council is called to order.

09:06:26 The chair yield to Mr. Mike Suarez.

09:06:28 >>MIKE SUAREZ: It's my pleasure to welcome back reverend

09:06:32 Tom Scott.

09:06:38 He's no stranger to this chamber.

09:06:41 He has served, of course, on Tampa City Council, was chair

09:06:45 at one point, was a county commissioner, is a pastor over at

09:06:50 34th street Baptist church, and he is going to lead us

09:06:54 in prayer today.

09:06:55 And please stand for that prayer and remain standing for the

09:06:58 pledge of allegiance.

09:06:59 >>THOMAS SCOTT: Thank you for the privilege of being able

09:07:07 to come back today to ask God's blessings upon our day, upon




09:07:12 your day, and your agenda.

09:07:14 And as, thank you for the work that you do.

09:07:19 You represent the city well, and there are a lot of issues

09:07:23 on your plate, so we thank you so very much for your time

09:07:26 and for your consideration as you consider issues so

09:07:30 important to this community.

09:07:31 So with that, again, let we are reminded of your word to

09:07:41 always acknowledge you and that you will give direction to

09:07:43 our path.

09:07:45 Today, we do say thank you for the blessings of this day.

09:07:51 Thank you for the rising of the sun, and yet even the going

09:07:55 down of the same.

09:07:57 Your name is worthy to be praised.

09:07:59 Today, we pause and reflect upon your grace and your

09:08:02 goodness unto us.

09:08:04 Indeed you have blessed us.

09:08:05 You have blessed this nation and this country.

09:08:07 And we thank you for what she stands for -- justice and

09:08:12 equality for all of its citizens.

09:08:14 So we pray now that you will bless not only our country but

09:08:18 those who lead -- our president, our Congress, those here,

09:08:23 we pray for our mayor, we pray for City Council today, ask

09:08:26 you to bless them and give them wisdom and insight as they

09:08:30 debate on issues before this council.

09:08:33 We pray for our county commission, for those in Tallahassee.




09:08:37 Today, we not only pray for these but we pray for those men

09:08:40 and women who are fighting in Afghanistan and around the

09:08:46 world for freedom and democracy, protect them and bring them

09:08:49 back home safely.

09:08:51 For those who protect us locally, our police persons and

09:08:56 sheriff, pray for them, protecting our lives day in and day

09:09:04 out.

09:09:04 We thank you as, in your name we pray.

09:09:09 Amen.

09:09:09 (Pledge of Allegiance)

09:09:36 >>CHARLIE MIRANDA: Roll call.

09:09:38 >>MIKE SUAREZ: Here.

09:09:40 >>YVONNE CAPIN: Here.

09:09:42 >>HARRY COHEN: Here.

09:09:45 >>LISA MONTELIONE: Here.

09:09:46 >>CHARLIE MIRANDA: Here.

09:09:54 We have item number 1, presentation, commendation for police

09:09:57 Officer of the Month.

09:10:02 And if you would like Chief Castor to start that process and

09:10:06 see what happens here.

09:10:08 We are honored to have you and the police Officer of the

09:10:09 Month here.

09:10:10 >> Chief Castor: Good morning, council.

09:10:17 Officers are shy.

09:10:21 It's my honor and privilege to bring Tampa's best and




09:10:23 brightest before you.

09:10:26 This month, we are very, very happy to honor Corporal Connie

09:10:30 McCoy.

09:10:31 She took over -- as you know, we always look in the police

09:10:35 department for better ways to keep our city safe, and we

09:10:41 sometime back merged our gang and firearms unit.

09:10:44 And Connie is one of the supervisors there, and she has done

09:10:48 an outstanding job.

09:10:49 Not only does she take on the administrative

09:10:52 responsibilities of overseeing the other individuals working

09:10:54 in that group, but she's also involved in the day-to-day

09:10:59 operational aspects of that.

09:11:02 And she has outstanding relationships out in the community,

09:11:06 and within the Tampa Police Department as well.

09:11:09 Not only does she get information of what's going on in the

09:11:13 street, she's able to communicate that with our homicide

09:11:16 unit and all of the other officers out on the patrol in

09:11:22 order to keep them safe.

09:11:23 I will just recognize -- if we recognize all of the

09:11:28 wonderful things she did we will be here till the sun went

09:11:31 down but I will just talk about two of the initiatives she

09:11:33 was involved in.

09:11:34 Recently during the MLK parade, she got information that

09:11:37 there was going to be some gang violence associated with

09:11:40 that, not only with the parade here in Tampa but within




09:11:43 St. Petersburg as well.

09:11:44 She contacted the St. Pete police department, gave them

09:11:47 information, and then coordinated our response here with the

09:11:52 multi-agency gang task force, which is a group of gang unit

09:11:59 members from throughout several counties.

09:12:02 So she coordinated that, responded down here, found one of

09:12:06 the individuals along the parade route that was going to

09:12:09 disrupt the parade here in Tampa, placed that individual

09:12:12 under arrest, and from the information that she was able to

09:12:15 relay over to St. Petersburg police department, they

09:12:17 arrested an individual over there that had a firearm on him

09:12:22 and over 50 rounds of ammunition that he planned on using at

09:12:25 their parade in St. Petersburg.

09:12:28 And both of these individuals had been involved in other

09:12:31 criminal activity in both Tampa and St. Petersburg.

09:12:34 So based on her actions we were able to keep both of those

09:12:40 parades safe and able to celebrate the cause of those

09:12:44 parades and not have any violence that marred those parades

09:12:48 or those events.

09:12:50 Also, as you may recall, we had a couple of incidents where

09:12:55 individuals were shot and unfortunately killed in relation

09:12:59 to gang activity here some months back.

09:13:02 Connie was out there on the street, was able to get

09:13:05 information that allowed homicide units to hone in on

09:13:09 suspects and to bring those individuals to justice.




09:13:13 But more importantly, what she did was to go out there on

09:13:17 the street to talk to individuals, to get information that

09:13:23 prevented, to garner information, prevented any further

09:13:28 violence.

09:13:28 So what you see in the head alliance lines every day are the

09:13:32 results of those shootings.

09:13:33 What you don't see is what Connie and the gang unit and the

09:13:37 firearm unit and all the men and women of the Tampa Police

09:13:39 Department do, and that is allow individuals to be safe and

09:13:43 sound at the end of the day and so I can't mention all the

09:13:51 great things that coin has done without mentioning her

09:13:55 partner, trey Miller and the rest of the gang in firearm

09:13:59 unit, which is back here what she does, and because of her

09:14:06 actions we have minimal gang violence here in the City of

09:14:08 Tampa, and they work hard every day to ensure that.

09:14:12 And I couldn't be prouder of everything that they do on a

09:14:14 day-to-day basis.

09:14:16 So it is certainly my honor to name detective Connie McCoy

09:14:21 as the Officer of the Month.

09:14:23 Congratulations.

09:14:23 [ Applause ]

09:14:24 >> We would like to present you this commendation for being

09:14:42 chosen as the Tampa Police Department police Officer of the

09:14:44 Month for the month of March.

09:14:47 Congratulations.




09:14:49 And officer Connie McCoy.

09:14:56 [ Applause ]

09:15:22 >> Frank DeSoto with Bill Currie Ford.

09:15:26 On behalf of the dealership and the Cury family we would

09:15:29 certainly like to congratulate you on a job well done and

09:15:32 present you with this watch as a token of our appreciation.

09:15:39 [ Applause ]

09:15:44 >> Jill Latecki with Tampa Theater.

09:15:52 Corporal McCoy, on behalf of the theater, I would like to

09:15:53 present you with an annual membership and tickets to our new

09:15:56 family favorite series.

09:15:59 >> Steve Stickley representing Stepp's Towing Service.

09:16:06 On behalf of Jim and Judy and Todd Stepp, we would like to

09:16:10 present this token of our appreciation to you for a job very

09:16:13 well done.

09:16:14 And we also have a gift certificate to Lee Roy Selmon's.

09:16:22 >> Joe Derkin, on behalf of all of us at Bright House

09:16:28 networks.

09:16:32 Very proud of you.

09:16:33 I present you with one month's services at Bright House.

09:16:37 Congratulations.

09:16:48 >> And I'm with Island Flowers, and it's my pleasure to

09:16:53 present you with a dozen long stemmed roses.

09:16:55 >>STEVE MICHELINI: Loaded up there.

09:17:04 Want some more stuff?




09:17:06 Okay, I'll take it back.

09:17:17 There's not enough for all of these to go to Bern's.

09:17:20 There's enough for you to go to Bern's.

09:17:22 Will you take that?

09:17:27 We are going to have some portraits taken of you. Anyway, a

09:17:34 gift certificate so you can have your portrait done, you and

09:17:37 your family.

09:17:38 And also a gift certificate from David laxer from Bern's

09:17:42 steakhouse.

09:17:44 [ Applause ]

09:17:49 >> Good morning.

09:17:52 I want to say thank you, council members, as well as for

09:18:00 believing in me.

09:18:01 He did give me the opportunity to do my job.

09:18:06 I still feel like I'm a rookie, that people let me get out

09:18:10 there and do everything I need to.

09:18:13 Thanks, chief.

09:18:14 And most of all thanks to my squad.

09:18:17 They are awesome.

09:18:20 [ Applause ]

09:18:22 And I want to thank everybody for the wonderful gifts.

09:18:25 And Dirken is the one that told me to be a mad dog.

09:18:33 He I want to say thank you to everyone.

09:18:36 Thank you.

09:18:37 [ Applause ]




09:18:38 >> They have been.

09:18:47 We are very appreciative of the work that you do and the

09:18:50 work that the men and women of our police department does in

09:18:56 the city.

09:18:57 Thank you very much.

09:19:15 >> Item number 2 is Hart, recognizing Rosa parks.

09:19:23 A matter that should have been done some time ago.

09:19:36 >>MIKE SUAREZ: I guess we'll wait for a few people to

09:19:40 leave.

09:19:40 Chair, it's my pleasure to introduce the folks from Hart.

09:19:46 There are two things that we are going to do.

09:19:48 I am going introduce part of it, and our colleague Mr.

09:19:51 Reddick is going to introduce the other part.

09:19:58 Hart was awarded from the American transportation

09:20:01 association an award specifically for the advertisement.

09:20:06 It started on a bus, and featured a picture of Rosa parks

09:20:10 who is famous for essentially launching the Birmingham bus

09:20:15 boycott in 1954.

09:20:16 Her effort and the efforts of Dr. Martin Luther King and

09:20:21 others essentially started the modern civil rights movement,

09:20:34 and I was accepted to -- asked to accept on their behalf.

09:20:38 It was a great campaign, and Hart has been working very

09:20:42 diligently to make sure that the folks that we serve on our

09:20:45 bus system are recognized for their contribution both to our

09:20:49 community and to the city, and I am going to hand this off




09:20:55 to our colleague Mr. Reddick to talk about another effort

09:20:58 that Hart was involved with, with Tampa Police Department,

09:21:02 concerning Hart.

09:21:10 >>FRANK REDDICK: Hart also has the advertisement of police

09:21:19 officers in the City of Tampa, and the purpose of doing that

09:21:22 is they have the stop the violence campaign.

09:21:24 As many of you know, we have had a significant increase in

09:21:28 some areas of town of people with shooting, and it's

09:21:32 unfortunate that most of these people that are doing the

09:21:34 shooting are young folks, and we want to try to put a dent

09:21:39 into that.

09:21:40 And in order to do it, we need to publicize, and Hart is

09:21:45 playing a significant role, so we congratulate them for

09:21:48 being a part of this campaign and partly with the City of

09:21:50 Tampa to stop the T violence in our community.

09:21:53 >> On behalf of Hart I appreciate the honor but wouldn't be

09:22:07 able to do it without our staff, and most importantly Carla

09:22:21 Williams, I'll be up front with you, she's the one that

09:22:24 carries the ball and made all this happen relative to both

09:22:27 awards.

09:22:28 It's a big team effort.

09:22:30 So I stand up here only because I have got a lot of good

09:22:34 people behind me.

09:22:36 Thank you.

09:22:36 >> Chief Castor: We want to thank Hart as well for all the




09:23:10 assistance in the 25th annual celebration.

09:23:17 Hart, when we asked if they would participate in this and

09:23:20 advertise for us, they were more than a willing partner.

09:23:23 And they put helped celebrate the involvement of

09:23:37 African-Americans in the City of Tampa and they really did

09:23:39 an outstanding job going above and beyond that, they agreed

09:23:43 to continue, as Councilman Reddick alluded to, is to promote

09:23:48 the "stop the violence" campaign, and I think they put up

09:23:54 over 140 some posters in the Hartline buses encouraging

09:23:59 individuals to call if they had information and ways that

09:24:04 they could prevent violence in the community.

09:24:06 So I thank Councilman Suarez and Reddick for their

09:24:09 recognition of Hart.

09:24:12 And on behalf of the black history celebration committee,

09:24:15 the Tampa Police Department and other city employees, I want

09:24:18 to thank them as well for being a great partner to the Tampa

09:24:21 Police Department.

09:24:23 And we have just a tiny wallet sized photo for them to keep.

09:24:30 [ Laughter ]

09:24:41 This is indicative of the posters they put in the buses.

09:24:45 It's very, very nice.

09:24:46 Thank you.

09:24:47 [ Applause ]

09:24:48 >>CHARLIE MIRANDA: Thank you very much.

09:25:14 Item number 3 will be a presentation, commendation by




09:25:17 council member Lisa Montelione to a great volunteer.

09:25:21 >>LISA MONTELIONE: Today we are honoring 16-year-old

09:25:33 Nicholas Mabileau, a national award, by the president's

09:25:44 council on service participation.

09:25:45 Nic has several credits, to put it mildly, to go along with

09:25:53 his outstanding academic career at king high school.

09:25:56 He has over 200 hours volunteering for various

09:25:59 organizations.

09:26:00 Summer camp counselor, certified lifeguard is one.

09:26:04 American cancer center relay for life is another.

09:26:07 Organizing a Riverwalk clean-up.

09:26:10 And counselor at the Temple Terrace recreation center during

09:26:14 spring break.

09:26:15 As Chief Castor said, if I were to say everything we would

09:26:19 be here till midnight.

09:26:21 At king high school, he's an advanced placement scholar, a

09:26:26 swimmer, a wrestler and a state championship in motor cross,

09:26:31 so he's a risk taker as well.

09:26:33 Nicco is joined by his mother Nida, a City of Tampa

09:26:43 transportation engineer and has been with the city for 17

09:26:47 years.

09:26:48 He wants to attend Florida State or Stanford university with

09:26:51 a goal of becoming an orthopedic surgeon.

09:26:57 I feel so, so inadequate standing next to someone who has

09:27:01 achieved so much only at 16.




09:27:03 On this Thursday, March 28th, Tampa City Council

09:27:09 presents to you this little token of our admiration.

09:27:12 And it's just really a tremendous credit to receive a

09:27:16 presidential award.

09:27:18 That is so special.

09:27:20 So take this in honor of that achievement.

09:27:25 And please tell us how you were able to achieve so much.

09:27:30 >> First thanks for recognizing me.

09:27:33 And I just like to give back to the community and the bright

09:27:37 futures for others in the community.

09:27:39 I really enjoy volunteering with children at the local youth

09:27:45 program, and the time they enjoy.

09:27:54 [ Applause ]

09:27:56 >>LISA MONTELIONE: Thank you.

09:28:09 Wow, look at that.

09:28:11 I think the chances for us to get a pin like that are

09:28:14 probably past.

09:28:17 But my son graduated from king as well.

09:28:22 >>CHARLIE MIRANDA: Thank you very much, Mrs. Montelione.

09:28:24 We appreciate very much for what you have done, young man,

09:28:27 and your future certainly looks bright, and I hope you

09:28:31 attend Florida State.

09:28:32 Easier on your mother's wallet.

09:28:36 Ms. Capin?

09:28:38 >>YVONNE CAPIN: I would like to tell you that with young




09:28:40 people like yourself, our future is very bright.

09:28:43 Thank you.

09:28:49 >>CHARLIE MIRANDA: We go now to item number 4.

09:28:51 And a presentation on behalf of Tampa Bay estuary program.

09:28:57 I know there's five minutes but we are extending it a couple

09:29:00 of minutes.

09:29:01 It's very important.

09:29:01 >> I can talk fast.

09:29:03 Thank you very much for having me here.

09:29:04 My name is Ninette O'Hara, outreach coordinator for the

09:29:10 Tampa Bay estuary program, here today to give you an update

09:29:12 on what we are doing to support your residential fertilizer

09:29:17 ordinance through an education campaign we call "be

09:29:20 Floridian."

09:29:21 And I have a PowerPoint.

09:29:39 Just as a reminder, you adopted an ordinance two years ago

09:29:42 that was based on our model ordinance that is unusual in

09:29:47 that it restrict not just use of nitrogen fertilizer but

09:29:50 also the sales of those products at retail stores in the

09:29:53 city.

09:29:54 So the basics are no nitrogen on our lawn sold in the summer

09:30:00 and a requirement that slow release nitrogen fertilizer be

09:30:04 sold the rest of the year and this applies not just to

09:30:07 homeowners but also to lawn care professionals, and to

09:30:11 retail stores.




09:30:13 You and Pinellas County have the strongest urban fertilizer

09:30:16 ordinances in the State of Florida.

09:30:17 Thank you.

09:30:18 And you are going to see it's making a difference.

09:30:22 The potential benefits to you as taxpayers of the City of

09:30:25 Tampa, potential nitrogen reduction of eight times per year,

09:30:30 and potential cost reduction about $56 million a year, based

09:30:35 on DEP's estimates of our costs of about $3500 a pound for

09:30:42 nitrogen removal.

09:30:43 And our campaign basics, the key message of be Floridian is

09:30:49 to skip the fertilizer in the summer to protect our water

09:30:56 based recreation that all of us enjoy and that is so central

09:30:59 to life here in the Tampa Bay area, and the submessage is

09:31:03 really, design your yard for the place you live now, which

09:31:07 is a recognition that two-thirds of the people who live in

09:31:10 the Tampa Bay area just moved here in the last 25 years, and

09:31:15 may not realize that really gardening and landscaping is a

09:31:18 little different here, and we need to do things differently

09:31:20 to protect the natural resources that matter so much to us.

09:31:26 Over the last two years, these are some of the products we

09:31:31 have been able to bring to Tampa.

09:31:34 Bus wraps.

09:31:35 Thank you, Councilwoman Mulhern, for helping us with this

09:31:39 last year.

09:31:40 Two Hart buses were custom wrapped last year.




09:31:43 Billboards, we had two in the city last year, again with our

09:31:46 message.

09:31:47 Relax.

09:31:48 That's the more responsible thing to do than fertilize.

09:31:51 And print ads with a free day off yard work coupon, if you

09:31:57 don't fertilize your yard in the summer, you get to take a

09:32:00 day off yard work.

09:32:01 Very popular with the husband.

09:32:03 And digital ads which prove to be phenomenonally successful

09:32:07 for us.

09:32:08 So we are really putting the bulk of the money we have

09:32:10 available this year into those.

09:32:13 70% of the visitors to our Web site last year came from

09:32:17 Facebook ads.

09:32:18 So despite what you heard about Facebook ads not working,

09:32:21 they sure did for us.

09:32:22 So we are back at it again this year.

09:32:24 We also had ads on Google, Bing, the "Tampa Bay Times," and

09:32:29 Bay News 9.

09:32:31 And retail stores.

09:32:33 We know that there's a big change in the way retail stores

09:32:36 do business.

09:32:37 So we wanted to make this a very positive and proactive

09:32:40 experience, and we provided a lot of materials to the stores

09:32:43 to help educate their customers about the ordinance and why




09:32:47 it's important, including the stand-up cardboard flamingo

09:32:53 card holders as well as tear-off sheets, buttons and other

09:32:59 products.

09:32:59 We have a Web site beFloridian.org that has been very, very

09:33:03 popular.

09:33:04 And we had this year focused on a pledge to get people to

09:33:08 move simply beyond awareness of the message to making a

09:33:11 commitment, not to use fertilizer in the summer, and that

09:33:16 pledge is available when we go out to community events as

09:33:18 well as online through our Web site, our Facebook page, and

09:33:22 through smart phones.

09:33:23 And we are giving prizes every two to three weeks including

09:33:27 some plastic pink yard flamingos.

09:33:31 That is our mascot, the plastic yard flamingo.

09:33:34 People say why did you choose that since they aren't native

09:33:38 to Florida?

09:33:38 But the plastic flamingo certainly is.

09:33:43 [ Laughter ]

09:33:44 And we are making this a fun, positive campaign that people

09:33:49 can identify with, and the flamingo is very popular.

09:33:52 And this is an example of our pledge.

09:33:55 You can choose to do one of four things.

09:33:57 Fishing, boating, dining by the water or going to the beach

09:34:00 instead of fertilizing your yard.

09:34:03 When you take the pledge you are entered for prizes.




09:34:06 We have products for children through coloring books.

09:34:09 We have our community outreach, which is very active this

09:34:12 year.

09:34:15 We were at greenfest last weekend.

09:34:18 And we go to a lot of events with our flock of plastic pink

09:34:24 flamingos.

09:34:25 And the good news for Tampa Bay, this year, we just got our

09:34:29 sea grass acreage results from the water management district

09:34:32 and we showed again of about 5%.

09:34:34 This is the fourth assessment in a row where we regained sea

09:34:38 grasses in Tampa Bay.

09:34:39 We are at 93% of our recovery goal.

09:34:42 This means in our lifetime, we may very well get there.

09:34:47 This is big news.

09:34:49 And we are very pleased to report this.

09:34:51 And we also had a green light across the board for water

09:34:55 quality in Tampa Bay last year.

09:34:57 All the segments meeting water quality targets.

09:35:00 So I want to thank you on behalf of the estuary program and

09:35:03 all our partners for everything you are doing to help us,

09:35:07 and particularly for passing this very strong ordinance.

09:35:10 We are certainly pleased to be your partners.

09:35:12 And I will be glad to answer any questions.

09:35:15 >>CHARLIE MIRANDA: Any questions by council members?

09:35:19 >>MARY MULHERN: I just want to say thank you for coming in




09:35:21 and reporting this.

09:35:22 And there have been stories all in the last couple weeks in

09:35:26 the newspapers about our Tampa Bay water quality revival,

09:35:32 and it is very much due to the estuary boards, and the Tampa

09:35:37 Bay estuary board is one of three on our coastline, and it

09:35:43 is probably the strong effort.

09:35:45 And they have worked so hard on this.

09:35:47 And the great thing about this campaign is other than the

09:35:50 little marketing, and of course e-mail -- Internet marketing

09:35:55 is the cheapest kind of ad you can do.

09:35:58 There is no cost to any of this.

09:36:00 There's no government cost to this.

09:36:02 And I just can't say enough great things about it.

09:36:06 And I have got these graphs.

09:36:09 I am going to bring them at the next meeting and show how

09:36:12 much the water quality, every measurement of our water

09:36:19 quality has improved, and it's very inspiring, and we are a

09:36:23 leader in that in Tampa Bay and we want to keep that up and

09:36:28 encourage Hillsborough County to follow Tampa and Pinellas

09:36:31 County in having a stronger ordinance.

09:36:41 >>YVONNE CAPIN: I also want to thank you.

09:36:42 When we passed this ordinance, we knew it was the right

09:36:44 thing to do and it's always great to have someone come in

09:36:47 and say, yes, it was the right thing to do.

09:36:49 But I want to thank Mrs. Mulhern for her leadership, and




09:36:56 your great work on making all these things possible.

09:37:01 I'm so proud of our city right now.

09:37:04 Thank you.

09:37:04 >> I'm a resident of Tampa.

09:37:06 I'm very proud.

09:37:07 Thank you.

09:37:08 >>CHARLIE MIRANDA: We go to item 5 and then we go to the

09:37:10 public sector for any comments 1 through 5.

09:37:13 We have Sonya Little, chief financial officer for the city.

09:37:18 >>SONYA LITTLE: Good morning, council members.

09:37:22 Thank you for allowing me the opportunity to come before you

09:37:25 to present fiscal year 2012 the comprehensive financial

09:37:31 report for the City of Tampa.

09:37:34 Pursuant to Florida statute, we are annually required to

09:37:39 prepare what we call the comprehensive annual financial

09:37:43 report, and submit to the State of Florida in accordance

09:37:48 with generally accepted accounting principles and also in

09:37:56 accordance with the auditor's general rules.

09:38:01 The department requires all financial transactions within

09:38:07 the city.

09:38:07 We have hundreds of thousands of transactions that are

09:38:10 actually processed through the department on an annual

09:38:12 basis.

09:38:14 And it's our responsibility to account for and summarize in

09:38:19 the CAFR each of those transactions in generally accepted




09:38:27 accounting practices.

09:38:30 Once again, the city has received an unqualified opinion,

09:38:33 and I always have to preface that by saying when you say

09:38:38 unqualified that seemingly is a bad thing, but in this case

09:38:41 it's a very good thing.

09:38:43 It merely means that our external auditors, our independent

09:38:47 auditors, which we are required to engage under Florida

09:38:51 statute, have provided us with this unqualified opinion, and

09:38:56 it means that our financial statements give a true and fair

09:39:00 view of the financial transactions that actually occur

09:39:04 within the city for the fiscal year 2012.

09:39:09 For the second consecutive year, we have used the accounting

09:39:12 firm -- and began our fiscal year ending 2012, the end of

09:39:22 last year, roughly December or so, and it's been a very

09:39:27 long, hard process, but we finally got there.

09:39:32 Provided to you is the final printed copy of this year's

09:39:37 CAFR.

09:39:38 During the process we provided you with a draft of this

09:39:41 document because the audit process was not completed until

09:39:43 yesterday.

09:39:46 Our practice includes initial meetings with the external

09:39:50 auditors.

09:39:53 Several of their representatives from curl Horowitz along

09:39:58 with revenue and finance staff, and the chair for revenue

09:40:02 and finance Councilman Harry Cohen also in attendance, our




09:40:06 legal representation from the city's attorney's office Sal

09:40:12 Territo as well.

09:40:14 That occurred in January of this year, and since that time

09:40:17 we have been working very closely with the auditors to

09:40:20 finalize the CAFR.

09:40:23 One of the things that I would like to point out just so you

09:40:25 will know that the document that we provided to you was

09:40:28 substantially final but does not have a few pieces, and I

09:40:33 will identify what those pieces are so you know the

09:40:36 difference of what you have already reviewed to what was put

09:40:39 in front of you today as a final document.

09:40:42 One of the things that occurred in the week since we

09:40:45 provided the draft is we did make an adjustment and expenses

09:40:50 in government-wide statement.

09:40:52 Those expenses, our auditors recommended that we report

09:40:58 differently that we had health insurance claims, they

09:41:03 require that we approve health insurance claims, so that

09:41:05 increased the line item by $3 million.

09:41:08 In essence that was the only difference in the draft, in the

09:41:11 final, any material difference.

09:41:14 What is also included, and very important to us, because it

09:41:18 really governs the way that we do business moving forward,

09:41:23 is the auditor's management letter.

09:41:25 In the management letter, in addition to talking about or

09:41:30 opining that we have followed generally accepted accounting




09:41:34 principles, it provides certain findings, and these

09:41:37 findings, I look at it as a tool in which that we can

09:41:42 improve ourselves moving forward in future fiscal years and

09:41:46 preparing the CAFR.

09:41:49 And in the management letter, I would like to point out and

09:41:52 highlight a couple of the findings.

09:41:53 To start with, the findings are categorized in three major

09:42:00 categories -- material weakness which indicates a reasonable

09:42:06 possibility that a material misstatement could occur, a

09:42:11 significant deficiency which indicates a less severe

09:42:15 weakness, but it still merits attention, and then finally

09:42:19 the lesser of the three evils, I call them, deficiency.

09:42:23 It's a control that management should implement in order to

09:42:30 prevent or detect misstatements on a timely basis.

09:42:34 So the final one has to do with timeliness.

09:42:38 And, if I could, for just a brief moment, we did receive a

09:42:47 few material weaknesses.

09:42:50 In particular, it had to do with our financial statement

09:42:53 close process.

09:42:54 And I mentioned the hundreds of thousands of transactions

09:42:57 that we do in any given fiscal year.

09:43:00 All of those transactions are dumped into a financial

09:43:03 system, if you will, that really tracks and records

09:43:06 everything that we do.

09:43:08 We are talking literally hundreds of thousands of




09:43:12 transactions that are done in an annual basis.

09:43:16 We need to improve with what we have -- and this is an

09:43:23 ongoing concern for the city, it's an ongoing challenge for

09:43:27 the city in working with the antiquated financial systems

09:43:30 that we do have, and it requires us to implement several

09:43:36 manual processes to transfer all of those transactions

09:43:41 through several steps to end up in this summary that's put

09:43:45 before you, the CAFR.

09:43:48 We have on an ongoing basis tried to improve the internal

09:43:52 controls.

09:43:53 Our auditors continue to give us recommendations on how we

09:43:56 can do that.

09:43:57 But as we proceed into the implementation of our ERP system,

09:44:02 it will alleviate a lot of the concerns as far as the

09:44:06 internal controls due to the requirement that we process

09:44:12 many transactions on an annual basis.

09:44:15 So I hope to report to you differently next year, after

09:44:17 implementation of ERP.

09:44:22 One of the other findings that was included in the

09:44:24 management report was related to alternative investments.

09:44:28 And I want to point out, an auditor was very clear in the

09:44:32 explanation when they sat down with us yesterday along with

09:44:35 Councilman Cohen to go over and detail the findings related

09:44:39 to the report.

09:44:40 One of the things that they were very, very specific in




09:44:44 relaying to us is that this is a big topic.

09:44:46 It's something that the state board of administration has

09:44:49 been doing for many, many years, and also the Florida

09:44:53 retirement system as it relates to alternative investment.

09:44:56 I want to be clear that the alternative investments are

09:45:00 allowable investments, but the concerns about a reporting

09:45:05 perspective is as it relates to value of certain investments

09:45:08 that are not publicly traded, or that the value is not

09:45:11 readily available to the public.

09:45:14 For instance, real estate in many cases.

09:45:19 The auditors across the state, probably across the country,

09:45:24 are recommending to all of their clients that additional due

09:45:27 diligence be conducted when we do have such investments.

09:45:31 One of the things that was recommended is that we obtain

09:45:34 financial statements as an option, or certain forms to

09:45:39 validate or verify the evaluation on September 30th of

09:45:44 every fiscal year, because the city is required and

09:45:49 responsible for reporting accurate information in the

09:45:52 financial statements.

09:45:54 And we have begun to develop internal policies and

09:45:58 methodologies in which we can obtain the additional

09:46:01 documentation.

09:46:11 There was also a finding as relates to the -- I want to be

09:46:15 clear that had had nothing to do with moving money in and

09:46:19 out of the CRA fund.




09:46:22 It had to do how we report it within the CRA fund.

09:46:26 The CRA had accumulated interest earnings in which we

09:46:30 reported as interest earnings in fiscal year 2012.

09:46:35 The auditor suggested and recommended, and wisely so, that

09:46:39 it should have been reported as a transfer in from one

09:46:42 account to another account within the CRA fund, but again

09:46:46 just wanted to highlight that particular finding so that

09:46:48 everyone understands that it was not moving from outside of

09:46:51 the CRA fund but was in the CRA fund.

09:46:54 And us coming in to compliance with how interest earnings

09:46:58 should be reported.

09:47:03 Another finding that we received had to do with the city's

09:47:07 golf courses.

09:47:09 Historically, the management company of the golf courses --

09:47:17 excuse me, historically the city had always reported the

09:47:20 golf courses as part of its financial statements.

09:47:23 In 2011, the management company also reported the access of

09:47:29 the golf courses in its own financial statement.

09:47:32 So the bottom line result is that the assets were

09:47:37 overstated.

09:47:38 This is something that the city discovered prior to the

09:47:40 audit process.

09:47:41 It was something that in our normal course of business that

09:47:44 we did discover, and in making the correction it was shown

09:47:50 as a finding because it did occur.




09:47:54 However, I also want to be clear on this, because it had

09:47:59 nothing to do with money, it was how assets were stated.

09:48:03 No assets were sold so it had no impact whatsoever on the

09:48:07 cash as relates to golf courses.

09:48:12 And then finally, we all know that there were certain issues

09:48:16 related to an overpayment in our pension fund; obviously

09:48:21 that is included as one of the internal controls that we are

09:48:24 addressing and also included as a finding in this report.

09:48:31 Bottom line is, we take these findings as an opportunity to

09:48:34 improve the way that we report moving forward.

09:48:39 Our external auditors, we believe, did a very comprehensive

09:48:43 review of our reporting for fiscal year 2012.

09:48:47 Our staff has been very diligent in assuring that everything

09:48:52 that goes on here in the city, from a financial perspective,

09:48:57 has in some way been captured in the report as required by

09:49:00 accounting principles.

09:49:03 And the bottom line is our city is financially sound.

09:49:08 In 2012, when we were preparing the budget for 2012, we all

09:49:12 talk about fund balance.

09:49:15 We thought that we would be 27% of expenditures.

09:49:19 And after all is said and done and it's included in this

09:49:22 report, we end fiscal year 2012 at 26% of expenditures with

09:49:28 our threshold being 20%, our internal policy.

09:49:31 So again, I do want to point out that the city is

09:49:34 financially sound.




09:49:38 As it relates to our debt, our coverage levels, beyond what

09:49:42 the minimum requirements are of reserves, beyond what our

09:49:46 internal policies are, and we are moving forward.

09:49:51 Mr. Chair, if I may take just a quick moment.

09:49:55 We had a lot of people in our accounting department that

09:49:59 spent countless hours in developing this.

09:50:03 It's no easy task by any means.

09:50:06 If I could take a brief moment and recognize a few of them.

09:50:09 If you will stand.

09:50:14 We have our chief accountant Lee, who leads the team

09:50:19 fearlessly.

09:50:20 And if I could just also point out that this year was

09:50:25 particularly challenging because this whole team has been

09:50:28 pulled over to work with the county in our partnership for

09:50:33 implementing the ERP system.

09:50:35 So in addition to creating this massive document and all the

09:50:39 information herein, they were also spread very thin in

09:50:43 keeping up with their daily activities, all the processing

09:50:47 and reporting that I mentioned, and working on ERP, and

09:50:51 working with the external auditors to create this document.

09:50:55 So, also we have accounting operations manager Sabrina

09:50:59 Macadoo, miss Lee, miss Lori Simmons, and miss Pamela

09:51:11 McCarty.

09:51:12 And they and their teams, we have a whole slew of other

09:51:16 folks working behind the scenes that work extremely hard to




09:51:19 prepare and deliver by the skin of our teeth but on time

09:51:24 this document.

09:51:27 And one last thing, if I may, also.

09:51:29 Councilman Cohen has been very instrumental in helping us

09:51:33 through this process, asked a lot of very good questions of

09:51:38 us, even made some recommendations on how we could improve.

09:51:42 So I want to thank you, Councilman Cohen, for all of your

09:51:46 input and efforts related to getting this done.

09:51:50 >>CHARLIE MIRANDA: Thank you very much.

09:51:51 Mrs. Montelione.

09:51:52 And then we'll go to Mr. Suarez.

09:51:54 >>LISA MONTELIONE: First with the team behind you, I want

09:51:56 to say that you are a fine example of government employees

09:52:02 that are not usually recognized and are unsung heroes of

09:52:08 this government.

09:52:11 It's just a tribute to all of you, what Mrs. Little just

09:52:17 said about the amount of work that you have been able to get

09:52:19 done, and the time that you put in.

09:52:21 I think that you are very rarely recognized individuals, and

09:52:26 a key to our city running as smoothly and as efficiently as

09:52:31 it does.

09:52:31 So thank you very much for the work that you do.

09:52:37 Mrs. Little, really the only question that I have, because

09:52:39 you did address, which I have to commend you, not many

09:52:43 people would address the deficiencies in the detail that you




09:52:47 just did, so I am not going to go into all of those

09:52:51 questions because you addressed the ones that I had.

09:52:54 But you talk about a time line for implementing some of the

09:52:59 changes that were suggested, because in reviewing the tables

09:53:03 that are provided in the report for recommendation, some of

09:53:07 them have already been implemented, but there are a few that

09:53:10 have not been.

09:53:11 So can you talk a little bit about when they will be, and

09:53:16 the time line and the process for implementing those

09:53:19 changes?

09:53:22 >>SONYA LITTLE: Absolutely.

09:53:24 I talked a little about the alternative investment.

09:53:25 This is something that is new this year, because prior to

09:53:28 this year, it was not.

09:53:29 We didn't have any investments that was under that category.

09:53:34 So there will be a process, and we have already developed a

09:53:37 plan.

09:53:39 The issue there is this really relates to investments in the

09:53:43 pension fund which are independent of the city.

09:53:47 The city is the sponsor, but the pension board is

09:53:50 responsible for assuring that investments are in line with

09:53:57 respective pension policy.

09:53:58 So from a reporting perspective, we have discussed quite

09:54:04 extensively with our internal auditors, because of our

09:54:06 limitations, or lack of any ability to direct the pension




09:54:13 fund as far as how they invest.

09:54:15 But we developed with the auditors, in our discussions

09:54:20 yesterday, because this is new for us, how we can approach

09:54:24 it.

09:54:24 Some of the ideas that we have is working with the pension

09:54:27 funds, and to develop a recording practice.

09:54:31 We believe it's something that is already being done.

09:54:33 We just need to formalize it.

09:54:36 That's one example.

09:54:37 The others that are carry over year after year after year as

09:54:42 it relates to internal controls, we continue to what I call

09:54:51 plug the hole until ERP comes online.

09:54:55 The financial ways, if you will, for ERP, it's almost

09:55:02 complete.

09:55:02 It will take some time as we transfer from our existing to

09:55:09 100% ERP.

09:55:11 We are hopeful that prior to the next fiscal year in '13

09:55:16 that we will be able to implement those that are related to

09:55:19 systems.

09:55:19 >> One of the complications next year, though, and this

09:55:26 really is significant, next year's audit is likely going to

09:55:34 include information from two separate systems because the

09:55:36 changeover will occur during the fiscal year.

09:55:48 I think probably the year after that where you are likely to

09:55:50 see a full year's worth of changes, correct?




09:55:52 >>SONYA LITTLE: That's correct.

09:55:56 >>LISA MONTELIONE: That's all I have.

09:55:59 Thank you.

09:55:59 >>MIKE SUAREZ: Thank you, chair.

09:56:02 Mrs. Little, a great presentation, almost as good as your

09:56:06 son's presentation last night.

09:56:07 >> Not nearly as good as he is.

09:56:10 [ Laughter ]

09:56:11 >>MIKE SUAREZ: I obviously learned some skills from

09:56:15 someone.

09:56:15 I'm sure you and your husband are very proud.

09:56:17 >>> We are.

09:56:18 Thank you.

09:56:18 >>MIKE SUAREZ: First, what is our current fund balance in

09:56:21 terms of our reserves?

09:56:23 >> 108 million as of the fiscal year end.

09:56:28 108 million.

09:56:28 >>MIKE SUAREZ: And you mentioned that reporting for the

09:56:33 health insurance, now if you could repeat what you had said

09:56:36 earlier, is it the claims themselves?

09:56:44 >>SONYA LITTLE: We should have reported them as an accrual.

09:56:47 And we had not reported them as an accrual.

09:56:52 Again had nothing to do with cash, but what potential on the

09:56:56 books.

09:56:57 >>MIKE SUAREZ: So it is those potential losses that are




09:57:00 there, that have not been paid out, primarily because we are

09:57:04 a self-insured fund, we have to prepare for or reserve that

09:57:10 amount just in case it gets to the top level, correct?

09:57:19 >>SONYA LITTLE: Yes, sir.

09:57:20 Those dollars have not gone out the door yet.

09:57:23 >> We have been a self-assured fund for a while.

09:57:27 Why were we not doing that before?

09:57:30 >>SONYA LITTLE: Actually, this is the first.

09:57:32 >>MIKE SUAREZ: So taking into account the lag from the

09:57:38 previous fiscal year?

09:57:40 >>SONYA LITTLE: It would have impacted all 12.

09:57:44 Only 12.

09:57:45 Only this fiscal year.

09:57:47 >>MIKE SUAREZ: So those numbers prior to that concerning or

09:57:51 reported in the previous audit, and not carried over,

09:57:55 correct?

09:57:56 >>SONYA LITTLE: That's correct.

09:57:57 >>MIKE SUAREZ: I wanted to make sure about that.

09:57:59 That's one of the things that, you know, we don't want to

09:58:02 mask what our responsibilities are going to be, and with 3

09:58:06 million, it's a lot of money, but it's significantly less

09:58:09 than where we may have been in terms of total claims, which

09:58:12 means it would have been more in terms of premiums down the

09:58:17 line.

09:58:17 So I appreciate you doing that.




09:58:19 One other thing.

09:58:21 In terms of our total debt, looking at the report, we are

09:58:26 about 800 million in outstanding principle, about 420 in

09:58:31 enterprise fund debt, 400 in governmental fund debt, 3

09:58:35 million Channel District.

09:58:39 As part of your report on here, you mention that the city's

09:58:43 full faith and credit has not been pledged, to currently

09:58:48 outstanding principal debt.

09:58:51 Can you explain the differential?

09:58:52 Because obviously we have debt.

09:58:53 How is it that it's not put on there?

09:58:56 And I think I know the answer but I want to make sure that

09:58:58 people understand how debt actually works that is -- we have

09:59:04 different boxes and not just from general revenue.

09:59:07 >>SONYA LITTLE: Yes.

09:59:09 As it relates to the city's debt, all of that is secured by

09:59:12 some type of revenue stream.

09:59:14 The debt that we currently have outstanding is secured by

09:59:17 either revenues from the water and wastewater system,

09:59:23 specifically for projects funded from that system.

09:59:26 The more general government type of projects that we finance

09:59:32 are secured primarily by our utilities tax.

09:59:37 When we talk about the full faith and credit of the I ask

09:59:41 city that relates to general obligation fund.

09:59:43 And those fund are secured by property taxes.




09:59:47 We do not have any outstanding bonds that are secured by

09:59:50 property taxes.

09:59:51 So the full faith and credit is not pledged to any of the

09:59:55 outstanding debt.

09:59:56 Any outstanding debt that we have is secured by a specific

09:59:59 revenue stream, other than property taxes.

10:00:01 >>MIKE SUAREZ: I appreciate that.

10:00:04 I apologize, chair.

10:00:05 I have one last thing.

10:00:06 In terms of the way that we have reported other types of

10:00:15 revenue, for example, talking about these bonds, you know,

10:00:20 we have maturity date on all these bonds that eventually

10:00:23 will come off the books, that will then free up those

10:00:27 dollars that are created as a revenue stream to be used for

10:00:31 other things, whether they are to back up other bonds, and

10:00:34 from other points, or to go into general revenue.

10:00:38 How much, if you know the answer to this, how much are we

10:00:42 going to be seeing coming off the books either this year or

10:00:46 next year?

10:00:49 >>SONYA LITTLE: I don't have the information with me.

10:00:51 I will be happy to provide that to you.

10:00:52 >>MIKE SUAREZ: That's fine.

10:00:53 I appreciate it.

10:00:54 >> Not to address your specific question but there are

10:01:04 footnotes starting a round page 84, 85 with long-term




10:01:07 obligations and there's some schedules in there that show

10:01:10 within one year, if you flip a few pages, there are many

10:01:16 scheduled here.

10:01:16 When you get to page 390, it gives you a sense of how much

10:01:20 is coming off each year.

10:01:22 >>MIKE SUAREZ: That's why I asked you.

10:01:29 Thank you for pointing that out because not all of us are

10:01:31 financial experts and professionals.

10:01:33 And when you are looking at these type of footnotes, a lot

10:01:35 of times, things get buried without us knowing where it's

10:01:40 at.

10:01:40 Thanks for pointing out writs at.

10:01:47 >>YVONNE CAPIN: (off microphone) I very much appreciate it

10:01:55 and I'm sure all the work that you said has been put in has

10:01:59 been put in, and that it was particularly challenging.

10:02:03 I also want to say thank you to Councilman Cohen, his

10:02:10 background at the clerk's office I'm sure helped in many

10:02:13 years of doing that.

10:02:15 However, and Councilman Suarez just brought it up.

10:02:21 The main and most important job we have here is this budget.

10:02:26 And we are not financial experts.

10:02:29 You are.

10:02:30 But we are not.

10:02:35 Therefore, I have been following this.

10:02:39 This is my third year with the budget.




10:02:42 And in the charter on section 2.04, it has the City Council

10:02:48 shall have in its staff the following who shall be

10:02:51 responsible City Council through this chairman of the

10:02:54 council, a budget analyst.

10:02:57 The City Council is authorized to employ budget analysts or

10:03:00 an individual with similar qualifications pursuant to the

10:03:07 city position classification code.

10:03:10 I believe that this is a position that we should not

10:03:13 shortchange ourselves on.

10:03:17 In order to save money, this is not a position we should be

10:03:20 saving money on.

10:03:22 Not here at City Council.

10:03:24 I believe this is, as I said, the most important job we

10:03:28 have.

10:03:29 We are not financial experts.

10:03:32 We do rely on the administration.

10:03:34 I do believe that having another look, someone else looking

10:03:40 at it, we have our citizens advisory.

10:03:43 We have our financial chair.

10:03:47 And we have you all that are just really, really

10:03:50 exceptional.

10:03:50 But I do believe that we at City Council need to have on

10:03:56 staff a budget analyst.

10:03:58 And I would like to know -- and I also would like to bring

10:04:03 back -- and maybe correct me if I am wrong, the department




10:04:10 used to come to council to explain their needs and their

10:04:14 budget.

10:04:15 That no longer happens.

10:04:16 Again, we are responsible, when we pass this or not, is

10:04:23 again our most important job here.

10:04:28 I would like to see a return of that, if nothing else, as

10:04:34 the department heads, because they answer only to your

10:04:37 department.

10:04:38 We do not hear from them at all, ever.

10:04:41 And I think it's important for us to know ongoing what is

10:04:45 happening in these departments.

10:04:51 And it's a matter of us understanding and having as much

10:04:55 expertise as possible.

10:04:58 And that is where I would like to leave it.

10:05:01 >>CHARLIE MIRANDA: Ms. Mulhern?

10:05:03 >>MARY MULHERN: Thank you for getting this all done again

10:05:05 this year.

10:05:06 And I was the finance chair for my first term, the first

10:05:10 four years, before Councilman Cohen was appointed, and he's

10:05:14 doing a great job, and I'm glad you are doing it.

10:05:20 But I had just a really great experience working with all of

10:05:23 you, and also with Bonnie Wise and some of the other staff

10:05:27 who have left, so you do a great job.

10:05:31 But I agree with Councilwoman Capin.

10:05:36 And the reason that I brought the idea of budget advisory




10:05:41 committee to council back in, you know, five years ago or

10:05:45 whenever, we did it, was because of the fact that the former

10:05:51 council -- I said the same thing as you back then.

10:05:55 I wanted council to create that job that's in our charter

10:06:01 for the budget advisory person.

10:06:04 The former council never wanted to -- we didn't get to a

10:06:09 point where we agreed to do that.

10:06:13 But I agree that it is a good idea, and it makes sense.

10:06:17 The problem we had arriving at that, and the reason that I

10:06:21 ended up just putting together the citizens advisory

10:06:25 committee, was because at least that way we got some

10:06:29 expertise to share.

10:06:31 And I think it's a great thing.

10:06:32 And I think we should still have it.

10:06:34 And we do employ a budget analyst.

10:06:39 But the problem was again, it was a budget analyst, and I

10:06:45 can' Mr. Territo is ready to tell us this, and Chairman

10:06:49 Miranda can certainly fill us in on all this history, but

10:06:54 when there was a budget analyst for the council, it was an

10:06:57 employee of the finance department.

10:07:00 So it wasn't an independent adviser.

10:07:06 And that's the reason that I gave up on trying to hire

10:07:09 someone, because I don't think we had the votes on council

10:07:13 to hire a budget analyst that reported solely to council, as

10:07:23 our City Council attorney does, so basically what our




10:07:29 discussions were in the past term.

10:07:30 So I thank you for bringing that up, and I think we should

10:07:36 do it.

10:07:38 And I'm guessing that, you know, Councilman Cohen, now that

10:07:41 he's the finance chair, has been for two years, realizes how

10:07:46 daunting it is for us to deal with it.

10:07:49 I want to say one other thing.

10:07:52 Sorry, I'm probably past my five minutes.

10:07:54 But I think we do still get those reports from the

10:07:57 department heads, but it comes at the budget time and it's

10:08:02 really kind of -- I think it might be the timing, because

10:08:05 they don't come to us early to say, tell us what they need.

10:08:09 They come to us and tell us what they have agreed with the

10:08:13 administration to do, so we can't really help them, you

10:08:17 know, in individual departments to support something if it

10:08:21 already hasn't been approved by the administration.

10:08:23 So I think that's a good idea, too, to get those department

10:08:27 heads to report to us much earlier on their budget needs and

10:08:32 wants.

10:08:35 >>CHARLIE MIRANDA: Anyone who has not spoken yet?

10:08:37 Mr. Cohen, would you like to speak?

10:08:39 >>HARRY COHEN: Well, first of all, I also want to thank

10:08:43 Mrs. Little and the entire staff.

10:08:45 I did get to see up close a little bit of how difficult this

10:08:48 process is and how onerous it is, and I want to join with




10:08:53 the others in thanking you for -- I know it's some very late

10:09:00 nights at work, particularly recently.

10:09:02 In terms of the larger discussion, over the budget, I

10:09:06 think -- I have two thoughts just listening to where the

10:09:10 discussion has gone.

10:09:11 The first is that we did make one change this year with the

10:09:15 budget advisory committee, and that is that they started

10:09:18 their meetings almost immediately after the last budget

10:09:22 cycle ended, and they have been meeting continually since

10:09:26 then.

10:09:27 So it might be a good idea for us to consider having an

10:09:31 interim report from them sometime soon as a way of measuring

10:09:35 where they are.

10:09:37 In terms of the issue of the budget analyst, I think we

10:09:40 should schedule a discussion about it.

10:09:44 I know myself would like a little time to think about it and

10:09:51 sort of think about what you had to say today, and perhaps

10:09:54 we can, you know, decide on a date to have that discussion,

10:09:59 and everyone will have had a chance to examine it and talk

10:10:02 to the staff and see where we want to go.

10:10:05 And those are my two comments.

10:10:11 >>CHARLIE MIRANDA: Ms. Capin?

10:10:13 >>YVONNE CAPIN: (off microphone) ... not for a decision

10:10:24 today, just for us to think about where we are going to go

10:10:27 from here.




10:10:27 And I will say, well, I'll save this for the discussion.

10:10:32 Thank you.

10:10:32 >>SONYA LITTLE: If I may clarify.

10:10:36 It's not a budget directive.

10:10:39 If the City Council decides to move in that direction, I

10:10:42 just want to make that clear, that's not within being a

10:10:47 directive from the administration or revenue and finance as

10:10:51 to how you engage a budget analyst.

10:10:57 >>YVONNE CAPIN: Thank you.

10:10:59 >>CHARLIE MIRANDA: Ms. Mulhern?

10:11:00 >>MARY MULHERN: (off microphone).

10:11:05 >> I would like to move for a workshop on this.

10:11:11 Thank you.

10:11:11 >>MARY MULHERN: April 25 this?

10:11:16 They all look really busy.

10:11:18 >> June.

10:11:23 >>YVONNE CAPIN: June 20th at 9 a.m.

10:11:27 >> 10 a.m.

10:11:27 I think you should do it before then.

10:11:29 Because by June, the budget is well on its way to being

10:11:34 approved.

10:11:35 So I think if we want to actually possibly do something

10:11:38 before we adopt the budget next year, we should fit it into

10:11:42 one of these others.

10:11:43 >> Let me suggest that the 23rd is when we rescheduled




10:11:48 the alcohol workshop, too.

10:11:49 And originally we -- go ahead.

10:11:55 >>YVONNE CAPIN: I was going to move later on today, because

10:11:58 at the time, the citizens that were here preferred it in the

10:12:02 evening.

10:12:02 I was going to ask for that to be moved to the evening.

10:12:05 So just so you know.

10:12:08 So maybe take the slot.

10:12:09 >>MARY MULHERN: What day of the week is that, a Tuesday?

10:12:14 >>YVONNE CAPIN: No, Thursday.

10:12:18 May 23rd.

10:12:19 >>MARY MULHERN: May 23rd during the day for council's

10:12:22 discussion?

10:12:23 9:00?

10:12:24 >>YVONNE CAPIN: 9:00.

10:12:28 That's the motion.

10:12:30 >>HARRY COHEN: Second.

10:12:32 >>CHARLIE MIRANDA: Second by Mr. Cohen.

10:12:33 Made by Mrs. Capin.

10:12:34 All in favor?

10:12:35 The ayes have it.

10:12:36 Let me just say thank you.

10:12:39 The only remark that I have, the question -- not a question,

10:12:42 a statement -- is what percent of debt do we have to make

10:12:51 up?




10:12:51 >> That's another good question.

10:12:53 There's a schedule in the back.

10:12:54 It's the statistical section.

10:13:00 Let me find that real quick.

10:13:02 I'm on page 189.

10:13:11 There is a little debt margin schedule.

10:13:13 So there's some, in the back, some of that kind of ratio

10:13:16 stuff.

10:13:16 That can help.

10:13:19 >>CHARLIE MIRANDA: Thank you very much.

10:13:20 Anyone else?

10:13:21 Thank you very much for appearing.

10:13:22 We go to public sector item 1 through 5 only.

10:13:27 If you are going speak on 1, if you are going to speak on

10:13:31 the police Officer of the Month, 2, Hartline, 3,

10:13:36 commendation to Nicholas Mabileau, and 4, and 5.

10:13:49 1 through 5 only.

10:13:50 >> I'm ed, Ed Tillou from Sulphur Springs.

10:14:01 I'll be speaking.

10:14:02 I first want to speak about item 4, but just quick on item

10:14:05 1.

10:14:11 Oaf in St. Pete, Pinellas County, that has a lot of gangs.

10:14:14 Even though it sounded like other things, it wasn't a

10:14:20 particularly good movie the girls weren't too good.

10:14:23 But a better investment would be Olympus has fallen.




10:14:27 It's a movie.

10:14:28 But it does make some very good points like about how

10:14:33 volatile things are with Korea.

10:14:35 I have talked with soldiers who have come back with policing

10:14:39 the DMZ, engineering students from Korea, and it's a very

10:14:43 volatile situation down to this day.

10:14:45 So that's the context --

10:14:48 >>CHARLIE MIRANDA: I am going to stop you right there.

10:14:50 Please speak about the police Officer of the Month.

10:14:52 That's what you said.

10:14:53 Not a movie.

10:14:54 >> I'm speaking about gangs from Spring Breakers.

10:15:00 Number 2.

10:15:04 About Rosa Parks, a fellow said he had done exactly the same

10:15:10 thing about a year before and he got arrested and put in

10:15:13 jail.

10:15:13 So all the bodies are not yet buried .

10:15:21 My dad told me that this was being kicked around among the

10:15:24 free masons, so that what you have, the point I'm trying to

10:15:32 make is that America is much more top down than it is bottom

10:15:35 up.

10:15:35 And this was being discussed, but then it became policies.

10:15:41 So item 4, I have often spoken about the slow release

10:15:48 fertilizer, but one of the central questions for the Tampa

10:15:51 Bay estuary is




10:16:06 Maybe people will start thinking about that.

10:16:08 In any event, this fellow probably looked at that.

10:16:11 This is the discover Tampa Bay.

10:16:14 His name was Pantilla.

10:16:20 That's a problem in history that's got to be corrected.

10:16:23 He more or less sailed by and actually it was more a

10:16:26 Pinellas County thing.

10:16:27 One of his crew --

10:16:29 (Bell sounds)

10:16:31 -- this fellow actually had to become a cannibal at some

10:16:38 point, and his name was Cabeza de Vaca, and there was a very

10:16:44 good movie made about him but it was in Spanish.

10:16:47 But it was good to' because a lot of the Indian maidens were

10:16:51 anatomically correct in it.

10:16:54 But what happened is that, well, I guess that's my time.

10:16:59 (Bell sounds)

10:17:00 But I will come back to this in the context of Tampa.

10:17:07 >> And Cabeza de Vaca means translated in English head of

10:17:11 the cow.

10:17:11 So thank you.

10:17:16 Anyone else on one through five?

10:17:18 >> Pete Johnson.

10:17:23 On number 5.

10:17:24 I definitely think council have their own budget person.

10:17:31 It's not that I don't trust administration.




10:17:33 But I just have a natural-born anti-trust of government.

10:17:37 You guys need to understand what is going on on your own.

10:17:42 Don't necessarily take any administration's word for being

10:17:47 totally 100%.

10:17:48 Thank you.

10:17:50 >>CHARLIE MIRANDA: Next, please.

10:17:51 Anyone else care to speak on items 1 through 5 including

10:17:53 Cabeza de Vaca?

10:18:00 I see no one at this time.

10:18:02 We go to the items for the workshop item number 6.

10:18:06 Need to open the workshop, 6 through 10.

10:18:09 And then we'll address 8 and 9.

10:18:14 I have a motion to open the workshop by Mr. Reddick.

10:18:18 Seconded by Mr. Cohen.

10:18:19 All in favor of the motion please indicate by saying aye.

10:18:21 Opposed nay.

10:18:22 The ayes have it unanimously.

10:18:23 Item number 6.

10:18:24 >>REBECCA KERT: Assistant city attorney.

10:18:29 I am here in response to City Council's motion for a

10:18:31 workshop on the issue of noise.

10:18:34 As you know, we have been talking about the noise issue for

10:18:37 approximately three years at this point.

10:18:39 I would like to focus City Council a little bit about what

10:18:44 regulation you have in place.




10:18:45 What we do is we regulate the decibel level of the noise.

10:18:49 What that requires is that we have noise meters that are

10:18:53 calibrated to detect the level of noise in various parts of

10:18:56 the city.

10:18:57 Specifically, in the central business district, Ybor City

10:19:00 and Channelside, you had different decibel levels than you

10:19:03 have in the rest of the city and those measurements are

10:19:06 taken in areas from the property line and the rest of the

10:19:10 city, it is required to be a little bit quieter, and the

10:19:16 decibel measurement readings are taken from the preceding

10:19:20 site or the site of the complaining party.

10:19:24 There are three different basic types of ways that local

10:19:27 government regulate noise.

10:19:29 One is the method that we have selected which is the decibel

10:19:32 method.

10:19:32 Another method is basically the conduct standard, also

10:19:36 called the unduly market standard.

10:19:41 That exact standard has been upheld by the United States

10:19:43 Supreme Court.

10:19:44 It is not unconstitutionally vague but it does have some

10:19:49 challenges when you are trying to have an officer determine

10:19:51 what is unduly loud.

10:20:00 The other is a plainly audible standard and that says if

10:20:04 noise or sound is heard and is plainly audible within a

10:20:07 certain number of predetermined feet away from the source of




10:20:10 the noise, that is in fact a noise violation.

10:20:13 And as you recall, that is the standard that was subject to

10:20:16 a recent Florida Supreme Court hearing.

10:20:20 The Second DCA had determined that that standard was both

10:20:23 vague and overbroad.

10:20:26 From the Florida Supreme Court they found that was not vague

10:20:29 and in general was not overbroad.

10:20:32 But the state statute in question that used the plainly

10:20:36 audible standard has an exemption for political and business

10:20:39 speech which was content based.

10:20:42 As you know, we started talking about this because our

10:20:46 current standards were not working well in all areas of the

10:20:48 city.

10:20:49 I will tell you that I believe that they are working very

10:20:52 well, particularly in Ybor City.

10:20:56 The officers do measurements almost every weekend as long as

10:20:58 the noise meters are in working order and I don't recall the

10:21:02 last time that I have seen a violation.

10:21:03 So I think that it has worked very well in that area of the

10:21:08 city.

10:21:08 In other areas of the city it's not always working as well

10:21:11 as we might like.

10:21:12 For example, sometimes in neighborhood it doesn't work as

10:21:15 well.

10:21:16 The equipment is very expensive.




10:21:19 It's not issued to each individual officer.

10:21:22 Sometimes an officer will be called out.

10:21:26 Will have to go back and come back out and at that time the

10:21:30 situation may have changed.

10:21:31 In addition, they have not worked particularly well when you

10:21:33 have a noise that's coming from an ambulatory source,

10:21:37 someone who is walking with a mega phone.

10:21:40 We cannot ban people walking with megaphones.

10:21:44 That's unconstitutional.

10:21:45 But we can limit how invasive that noise is.

10:21:48 However, when we are trying to measure somebody walking on

10:21:50 the right-of-way we have to determine where that property

10:21:52 line is.

10:21:53 And that can be sometimes difficult.

10:21:58 One approach that I would like to recommend that City

10:22:00 Council consider for the areas outside of Ybor, downtown and

10:22:05 Channelside, work looking at more of our neighborhood, is

10:22:08 not that Ybor and downtown, Channelside -- I actually live

10:22:12 in one of those neighborhoods -- but in some of the other

10:22:15 areas of the city.

10:22:15 It's an approach that balances the ability of somebody to

10:22:19 express their free speech rights, and to listen to music, as

10:22:25 well as balance it with the right of people to be free from

10:22:29 unwanted noise.

10:22:30 And basically, what I am recommending has been upheld in our




10:22:36 eleventh circuit, and it basically says that you cannot play

10:22:42 sound in such manner as to describe the peace and quiet of

10:22:46 the neighbor inhabitants or for the hearing of the persons

10:22:51 who are in the room or the chamber where the sound device is

10:22:55 operating.

10:22:57 I would like to recommend that you combine that with a

10:23:00 presumption using the plainly audible standard which says if

10:23:04 the noise is plainly audible at 100 feet, there is a

10:23:07 presumption that there is a noise violation.

10:23:10 As I said, that has been upheld.

10:23:13 It's my understanding that it has been working well and that

10:23:18 it strikes a good balance between flexibility as well as

10:23:20 getting people clear guidance on what is and is not allowed.

10:23:25 The other thing I would like to call to your attention is

10:23:28 that in Hillsborough County we have the Hillsborough County

10:23:31 environmental protection.

10:23:33 They have their own noise regulation.

10:23:36 The way that their regulations are written right now, they

10:23:40 use a decibel level.

10:23:41 They have very high level equipment, and right now, our

10:23:47 Ybor, Channelside and downtown are exempt from their

10:23:50 ordinance.

10:23:51 If it was not exempt, then we would be preempted and have to

10:23:55 fall understood their regulation.

10:23:56 We also have a memorandum of agreement that I need to review




10:24:00 and see if there's anything that we will need to change, and

10:24:04 not based upon any proposed changes that City Council want

10:24:06 to make, but that's something that you don't have to make a

10:24:09 decision on right now.

10:24:10 I just want you to be aware that that is out there, and

10:24:14 there may need to be some changes for that as well.

10:24:16 >>HARRY COHEN: I just a V a question.

10:24:19 Under the plainly audible standard, the way that you are

10:24:24 suggesting that we look, would we no longer use decibel

10:24:29 meters at all to measure sound?

10:24:32 >>REBECCA KERT: I believe we could have both.

10:24:34 Particularly in Ybor City, downtown, Channelside, I believe

10:24:37 that is actually the best mechanism that we have at the

10:24:40 current time.

10:24:41 We can always review it to see if there's something better

10:24:44 in the future.

10:24:47 We can also leave the decibel levels in place for the other

10:24:49 areas of the city, as well as having this as an additional

10:24:54 tool.

10:24:54 That's actually an example.

10:24:56 That's what they do in Gainesville.

10:24:59 >>HARRY COHEN: So if the noise wasn't necessarily above the

10:25:03 measurable decibel level, if it were disturbing to a

10:25:09 reasonable person, it could be dealt with under that

10:25:15 approach as opposed to under the decibel level itself?




10:25:19 >>REBECCA KERT: That's correct.

10:25:21 >>CHARLIE MIRANDA: Mr. Reddick and Mr. Suarez.

10:25:22 >>FRANK REDDICK: Thank you, Mr. Chair.

10:25:25 Let me just focus on the neighborhood part of it, because

10:25:31 each one of those represents a neighborhood.

10:25:37 The problem we are having, the most complaints we get is

10:25:39 from the neighborhoods, representatives of neighborhood.

10:25:44 Law enforcement, I was at a neighborhood meeting the other

10:25:47 night.

10:25:47 Law enforcement stated in this meeting that the problem they

10:25:51 are having, they cannot write tickets at this moment over

10:25:55 the noise.

10:25:58 How could we find a way to give law enforcement that

10:26:08 authority, that power, to write and start ticketing people?

10:26:11 Because I don't know what's going on in your neighborhood,

10:26:18 but I know in my neighborhood, they drive these high wheel

10:26:25 cars, and when they sit up real high, and then when you open

10:26:29 the trunk, there's nothing but big huge speakers in there.

10:26:35 And they are amplifying that music loud, and it's very, very

10:26:39 loud.

10:26:39 And the neighbors and residents of most of the neighborhoods

10:26:43 are frustrated because these people coming through the

10:26:49 neighborhood, and I don't know, you know, I have not modern

10:26:56 day windows.

10:26:57 I have old windows.




10:26:58 So when they come through there, the windows go to shaking,

10:27:03 and I mean things just go to rattling in the house because

10:27:09 they are so loud, and I be wondering how could these people

10:27:13 sit in a car with all that loud music, and they are young

10:27:19 and they wonder why they can't hear when they get 30, 40

10:27:22 years old, and that's the reason.

10:27:23 But what is most disturbing to me the other day when I was

10:27:27 at a stoplight, and a gentleman was in there, and music was

10:27:33 so loud and had something like a two or three-year-old baby

10:27:36 in the front seat of the car, and that disturbed me, because

10:27:39 if I was having problems, I'm pretty sure the child would be

10:27:45 disturbed with all that loud music.

10:27:48 So my question is, what we need to do -- and it's got to be

10:27:56 an ordinance somewhere in this country, somewhere in this

10:28:00 state, that will give law enforcement an enforcement power

10:28:06 that they need to go after these individuals driving these

10:28:11 automobiles and these people who are playing loud music in

10:28:19 their yard.

10:28:20 You have some people playing noise, stereos booming.

10:28:24 1, 12, 1:00 in the morning.

10:28:26 And they even got it now.

10:28:30 And I don't know if nobody has seen this, but I saw a

10:28:34 gentleman ride a bicycle with a stereo on it.

10:28:37 And I am trying to figure out how he put a stereo -- and I

10:28:41 mean it was booming.




10:28:43 And how did he put a stereo on a bicycle?

10:28:47 But he was like he was in a club.

10:28:51 And so we need to regulate bicycles, too, is that the new

10:28:58 trend now?

10:28:59 We need to enforce the noise with bicycles as well.

10:29:02 So we need to find a way to give law enforcement the power,

10:29:08 and, you know, I'm not worried about legal challenges,

10:29:14 because anybody is going to sue us for some reason.

10:29:16 But we have got to relieve these people in these

10:29:21 communities, and we have got to find a way to stop allowing

10:29:24 these people to take out a whole community with loud noise.

10:29:27 And I am willing to support any ordinance, any mechanism

10:29:33 that you put in place that gives law enforcement that

10:29:38 enforcement power because as of now they don't have it and

10:29:41 we need to find a way to give them that authority.

10:29:43 Thank you.

10:29:43 >>FRANK REDDICK: We go to Mr. Suarez, Mrs. Mulhern, Mrs.

10:29:49 Capin.

10:29:49 >>MIKE SUAREZ: Mrs. Kert, thank you for this.

10:29:53 We talked yesterday and talked about some of these issues.

10:29:57 And there are two things that we need to talk about.

10:29:59 Let's talk about the first one first, which is those

10:30:02 neighborhoods that might have intrusion of noise from a

10:30:07 stationary, you know, place.

10:30:09 So their neighbor, somebody down the street, that is not




10:30:14 ambulatory.

10:30:17 But on the plainly audible doctrine as Councilman Cohen

10:30:21 mentioned, they have to be the police officer in order to

10:30:25 process based on the suggestion you made on the ordinance,

10:30:29 to process a complaint or to process a ticket would be that

10:30:34 you would have to be 100 feet away to be able to measure.

10:30:39 Okay, now, I think that that's a simple process to put in

10:30:42 place, meaning that, you know, there are lots of different

10:30:45 devices that are used now, especially when it comes to

10:30:49 distance, and very inexpensive at Home Depot where you can

10:30:54 measure from here to a wall as to what the distance is.

10:30:56 I think most police officers would be able to do that and be

10:31:00 able to say, yes, I can hear it from here, you know, and I

10:31:03 know that it's too loud, okay?

10:31:07 Now, we had a discussion about reducing that 100 feet to

10:31:12 something less.

10:31:13 And I think you had mentioned that one jurisdiction had done

10:31:17 25 feet.

10:31:18 Is that correct?

10:31:21 >>REBECCA KERT: The current state statute on the book for

10:31:24 motor vehicles is 25 feet.

10:31:25 >> I'm talking about plainly audible when it comes to the

10:31:28 100 feet that you have determined is a fairly allowable

10:31:32 amount.

10:31:32 We had discussed the different jurisdiction.




10:31:35 And I can't remember who it was, but it was that 25 feet.

10:31:37 >>REBECCA KERT: In looking all across the country I have

10:31:42 seen various and sundry numbers.

10:31:44 I can tell you the vast majority of numbers I have seen

10:31:46 especially late night noise go with the 100 feet N.looking

10:31:51 at some of these decibel readings versus somewhat what

10:31:55 someone can hear at 100 feet, that seems fairly consistent,

10:32:00 that you are pretty close to your decibel levels at 100 feet

10:32:04 so it would be consistent.

10:32:05 Some places, I have seen some places that go 300 feet and N

10:32:10 their entertainment district.

10:32:11 And I looked at yesterday, they revised theirs last year.

10:32:16 The bottom line is whatever number that ends up in our

10:32:20 ordinance, we have to be able to justify it.

10:32:23 I mean, 100 seemed like something I could reasonably defend.

10:32:28 If there's another number that we can reasonably defend, I'm

10:32:31 happy to entertain that as well.

10:32:32 >>MIKE SUAREZ: The reason I was asking is because we can

10:32:35 make any ordinance we can on the books but if we can't

10:32:38 enforcement, and it's not enforceable either in terms of

10:32:41 court case or in terms of actually having the practical

10:32:44 ability to give a ticket to someone that is against our

10:32:51 ordinance, it's going to be difficult for us anyway.

10:32:54 I mean, I don't want to put something on the books that is

10:32:56 not enforceable.




10:32:57 I don't want to put something on the books that's going to

10:32:59 make it difficult for a police officer to write a ticket

10:33:02 I.want to find a reasonable solution that they can then say

10:33:05 we will be able to write this based on this plainly audible

10:33:08 doctrine, and I think you kind of split the baby as best you

10:33:12 can in terms of where we are at, and we may make a

10:33:15 suggestion to make it less than 100 feet.

10:33:17 And I think that, you know, we have to come up with some

10:33:21 determination as to whether 25 or 50 is a better measurement

10:33:26 versus 100.

10:33:27 I know a lot of people out there, here and on television,

10:33:31 are going to wonder why are you splitting the difference?

10:33:34 We want to get it on the books.

10:33:36 We want to get it that it's usable and workable, and not

10:33:39 something that is just pie in the sky that we are Nevada

10:33:42 going to be able to defend.

10:33:43 And that's part of the reason why the legislature screwed

10:33:46 up, and now we are back in the same position, because they

10:33:49 wrote a bad law.

10:33:51 We want to write a good ordinance so that we can defend it.

10:33:54 Secondly, on the ambulatory, those cars driving through

10:33:59 neighborhoods, I am in agreement with Councilman Reddick, I

10:34:01 have no idea how anybody can drive in those vehicles with

10:34:04 that loud of a radio.

10:34:07 I left council probably about a month ago.




10:34:11 I was downstairs.

10:34:12 I was about to get in my vehicle.

10:34:14 And it was a vehicle on Jackson street that I was in my car

10:34:19 with my windows rolled up, and it was reverberating

10:34:22 throughout the entire City Hall.

10:34:25 So that's a temporary thing.

10:34:28 They went through it.

10:34:30 The neighbors have it on a constant basis.

10:34:32 Those folks coming through there all the time.

10:34:35 Now, in terms of those situations -- because I mean now we

10:34:40 have gotten away from the stationary sources, those that are

10:34:44 moving.

10:34:45 How have the courts treated those moving targets, so to

10:34:50 speak?

10:34:50 >>REBECCA KERT: If I can subdivide the second issue into

10:34:56 part A and part B and separate out motor vehicles and just

10:34:59 general noise that's moving.

10:35:00 I believe that from a practical matter, allow us to get the

10:35:07 ambulatory noise.

10:35:10 Bicycles, I have to look into, whether it's state statute or

10:35:15 whether it will fit into our current ordinance.

10:35:17 I hadn't thought about bicycles.

10:35:19 Definitely people who are walking and moving with either

10:35:22 loud music or megaphone, I believe as a practical matter and

10:35:26 as a Constitutional matter should address that.




10:35:28 As far as motor vehicles go, the state had and still

10:35:31 continue to have on its books a statute that prohibits loud

10:35:37 music from or loud noise at all on any level from motor

10:35:41 vehicles, if that noise can be heard plainly audible at 25

10:35:44 feet, that is in fact the case that was the subject of the

10:35:46 Catalano case that we were waiting on a year, year and a

10:35:52 half as it worked its way through the appellate court

10:35:55 system.

10:35:56 The Supreme Court, as I stated earlier, said that that law

10:36:00 was unconstitutional and therefore can't be enforced right

10:36:03 now, not because they use the plainly audible standard but

10:36:06 because they had content based exemption to that rule.

10:36:11 And the court found that made the entire statute overbroad.

10:36:15 I will tell you that there are bills that are moving forward

10:36:18 in both the house and the Senate that will correct that

10:36:20 unconstitutional deficiency.

10:36:23 It's my understanding -- I checked just before I came down

10:36:26 here -- and if I read it correctly, it looks like it passed

10:36:29 the house and it passed one committee in the Senate, and

10:36:32 it's gotten one or two other committees to go, but it is

10:36:34 moving forward.

10:36:35 We can go very shortly.

10:36:36 Whether or not the state is going to end up correcting that.

10:36:41 If they do not end up correcting that and having a state

10:36:44 statute in place would I be happy to come back with you and




10:36:47 discuss further what our options are.

10:36:49 But I will tell you, while that is still on the books and

10:36:51 there is a bill pending, that law is in Florida statute 316

10:36:57 which is the uniform state traffic code, if they have that

10:37:00 right.

10:37:03 It means we are expressly preempted from regulating in that

10:37:08 area at the current time.

10:37:09 On motor vehicles I would recommend we wait a month or two

10:37:12 to see whether or not the state is correct, some of the

10:37:15 mistakes they had previously made, or the previous

10:37:18 legislature had made.

10:37:19 I do know that Chief Castor, your chief of police, has been

10:37:23 very concerned about this issue, and working hard to make

10:37:26 sure that those bills get through.

10:37:28 >> And I want to be clear about that, because we need to

10:37:32 make sure that people understand that, you know, there are

10:37:34 certain things that we can do now when it comes to those

10:37:37 stationary targets.

10:37:38 It's another thing talking about moving targets.

10:37:42 One of the things that we have, both in terms of e-mails

10:37:45 sent to me and I'm sure to all of my colleagues, is that I'm

10:37:48 sitting in my home, and all of a sudden, somebody's

10:37:52 subwoofer is banging against my windows, I have got to get

10:37:56 up, I have got to go to the window or to the door, I have

10:37:59 got to look outside, and I have to find that license plate.




10:38:03 Problem is that most of the time they are -- they have left,

10:38:08 unless someone else is out there, you have to be so vigilant

10:38:12 that it's almost impossible to enforce something like that,

10:38:15 unless you are right there, right next to the vehicle, and

10:38:19 be able to identify, because again this is not your purview

10:38:22 because you are not on the enforcement end.

10:38:25 It makes it difficult for us to say, oh, yeah, just identify

10:38:28 the vehicle, and get a police officer and get a ticket.

10:38:31 We have got to find some other way of doing that.

10:38:33 And hopefully the state law will fix those moving vehicles.

10:38:38 But until then, we need to find a way of helping folks be

10:38:42 able to identify that.

10:38:43 I don't know the answer to that, Mrs. Kert, and I know you

10:38:47 don't either.

10:38:48 Your expertise is not in the enforcement part of it.

10:38:50 But that's something we are going to have to talk about once

10:38:53 that comes through.

10:38:54 I am in favor of an ordinance that is going to look at, to

10:38:59 agree with Councilman Reddick, that is going to look at

10:39:02 solving that plainly audible doctrine, putting it into our

10:39:06 ordinance, whether it's 100 feet, 50 feet, 25 feet,

10:39:09 whatever, and going forward with it, because I think that we

10:39:12 can't wait for the state on he have part of it.

10:39:15 Obviously, you mentioned about the uniform section.

10:39:18 We are not going to be able to preempt that or override that




10:39:22 now anyway.

10:39:23 So we are going to have to wait for the state legislature to

10:39:26 come forward, correct?

10:39:28 >>REBECCA KERT: Yes, sir.

10:39:30 >>MIKE SUAREZ: When we finish our discussion, I hope that

10:39:32 either myself or one of my colleagues will come up to allow

10:39:36 you to go forward and put that ordinance in place, on the

10:39:40 stationary target.

10:39:42 Thank you, chair.

10:39:44 >>CHARLIE MIRANDA: Ms. Mulhern, Ms. Capin.

10:39:46 >>MARY MULHERN: I want to talk about the mobile question

10:39:50 first.

10:39:51 Then I have a question about the other noise problem.

10:39:58 I have the memos from Chief Castor which she directed to the

10:40:02 neighborhood association.

10:40:03 So I think a lot of you have seen this about the legislation

10:40:09 that's in Tallahassee right now.

10:40:12 It's not clear to me from this.

10:40:16 It's the one committee that the Senate passed.

10:40:19 Was it the transportation committee?

10:40:21 >>REBECCA KERT: Yes.

10:40:22 >>MARY MULHERN: That's good.

10:40:23 Because the Florida police chiefs were working on making

10:40:26 sure that they realize how important that was.

10:40:29 So then I think what we could do as council is I'll make a




10:40:35 motion that we send a letter to our senator -- the Senate

10:40:44 and the legislature, the representatives, encouraging them

10:40:50 as City Council to pass this legislation, so they are

10:40:54 hearing it from us as City Council people.

10:40:59 So that's the motion.

10:41:01 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

10:41:04 Cohen.

10:41:04 All in favor of that motion?

10:41:06 Opposed?

10:41:07 Passes unanimously.

10:41:08 >>MARY MULHERN: Then my question about the noise from the

10:41:15 establishments, you said that EPC, that downtown and Ybor

10:41:24 and where else, Channelside are exempted from the EPC rules.

10:41:29 What I want to understand is, what's the difference between

10:41:32 the EPC rules and what we do?

10:41:38 Is there more restrictive than ours, or less?

10:41:46 >>REBECCA KERT: I was just looking at it yesterday but I

10:41:49 don't want to speak off the cuff, and I'm not sure if I have

10:41:51 a copy of it with me, I would be happy to answer that

10:41:54 question.

10:41:55 But they do do decibel levels, and I believe their readings

10:42:00 are probably closer to what we allow city-wide and what we

10:42:03 allow in downtown Channelside, and Ybor, which is louder.

10:42:07 But I don't want --

10:42:09 >> So that's probably what it is.




10:42:12 Do you think that -- we will hear from the public on this.

10:42:16 But, I mean, you live in one of those neighborhoods.

10:42:21 And would it make sense for us to just go in line with

10:42:28 whatever the levels the EPC has set?

10:42:34 How did that exemption happen?

10:42:36 >> I can only tell you what I have been able to gather by

10:42:42 looking back at the minutes, and they were documented

10:42:45 because I was kind of curious as to how some of those things

10:42:49 came about.

10:42:49 And it appears that they had discussions for, I think, like

10:42:52 two years over the noise ordinance, and there was a lot of

10:42:56 problems with noise particularly in the Ybor area, although

10:42:58 I know they were very local Id in Ybor with the nightclubs,

10:43:05 and in particular, there were a couple nightclubs that were

10:43:12 open air, and they were very vocal in front of City

10:43:16 Council -- and I don't want to make their arguments for

10:43:19 them, but this is where I thought they were very concerned

10:43:22 that City Council had been so excited in inviting them and

10:43:24 happy, and the city in general, to have them down in Ybor

10:43:28 opening up their business he, and now essentially would be

10:43:31 shutting them down.

10:43:32 And so there was a consensus on council to allow the noise

10:43:38 in those areas to be louder, I think, to accommodate maybe

10:43:43 some of the open air venues and how Channelside and downtown

10:43:47 got added into that.




10:43:48 I'm not able to say.

10:43:49 >> Well, it's interesting, because from some discussion that

10:43:52 I had with you earlier, it sound like that problem of the

10:43:56 loud open air noise is more concentrated in the SoHo

10:44:02 district than it is in Ybor now.

10:44:03 So we can look at that separately.

10:44:06 But I think -- I'm wondering if that's worth it for us to

10:44:10 revisit, if we simply adopted the same limits that the EPC

10:44:19 has, or accepted those limits for downtown Channelside and

10:44:23 Ybor, then maybe that would help with some of the noise

10:44:27 problems in those venues.

10:44:30 So, you know, just if you could give advice on that.

10:44:33 That's just a decision that we could make as council.

10:44:36 >>REBECCA KERT: That, I think, is very much a policy

10:44:41 decision.

10:44:42 The only thing I would like to do -- and I try to give legal

10:44:45 advice and not testify -- but I have not been hearing noise

10:44:48 complaints out of Ybor.

10:44:49 The only one that I have personally come to my attention in

10:44:54 the past several years has been a couple years ago or year

10:44:58 and a half ago, maybe, there was one of the establishments

10:45:01 that was operating as a bar but other than that I am not

10:45:06 aware that the -- I don't want to speak for them, you know.

10:45:10 But they have not brought that to my attention.

10:45:14 >> And I know we had problems with the Channelside places,




10:45:17 and I don't know if they are even still open.

10:45:19 But part of the reason we haven't been hearing complaints is

10:45:29 because the businesses are not happening over there.

10:45:31 >> It has been a conscious decision to allow those areas to

10:45:34 have louder noise.

10:45:35 >>MARY MULHERN: Thanks.

10:45:39 >>CHARLIE MIRANDA: Ms. Capin?

10:45:44 >>YVONNE CAPIN: (off microphone).

10:45:52 It's really hard to understand -- and I'm sure the

10:45:54 neighborhoods have a very hard time.

10:45:57 I would, as a neighbor, when your windows are rattling, that

10:46:03 one person's right is infringing on another person's right

10:46:07 to peace and quiet in their home.

10:46:09 And what I want to bring forth is say an ordinance is an

10:46:16 ordinance until the court says it's not.

10:46:32 If someone wants to spend time and money to challenge a

10:46:36 reasonable law then I think we can defend it.

10:46:38 But pending legislative action, we can be prepared to act

10:46:43 immediately.

10:46:45 I also would like to -- you know, this is contained -- we

10:46:49 have both where it's stationary and mobile.

10:46:57 We had an incident where it was stationary.

10:47:00 And it was Hollywood nights on Armenia Avenue and had to do

10:47:06 with when they closed at 3 a.m., and there was a vacant lot

10:47:09 and all of the people went to the vacant lot and blasted




10:47:12 their car radios, and the neighborhood for years and years

10:47:16 and years and years, 3:00, 4:00 in the morning could not

10:47:21 sleep.

10:47:24 That came to us, and it came to us not about the noise but

10:47:27 about other issues with that establishment.

10:47:29 Since then, it was something that could be done on that lot.

10:47:36 It was a private lot.

10:47:37 It was leased.

10:47:39 It was fenced.

10:47:40 There was a huge sign on there, if you park here, you cannot

10:47:44 have your radio on, period.

10:47:47 That's what it says on that lot.

10:47:49 Of course, that's a private lot.

10:47:51 When we have -- you know, the equipment for the noise, to

10:47:56 measure the audible noise, is expensive, but I thought we

10:48:01 had three districts.

10:48:02 If we could have a police officer that is noise abatement

10:48:10 officer, and equipment in his squad car, one in each

10:48:14 district, that can immediately stop moving mobile noise

10:48:20 violations, maybe that would be something that we could look

10:48:28 at, and the police can provide a report as to how they would

10:48:33 implement this noise abatement process officer, how it can

10:48:36 be organized.

10:48:37 And legal can be creative and come up with a new ordinance,

10:48:43 if you will.




10:48:45 Again, I have been told time and again, it is an ordinance

10:48:49 until it's challenged in the courts and not upheld.

10:49:00 I would like to see us move forward with your suggestion.

10:49:06 And also with having the officers in the three districts,

10:49:11 one noise abatement officer per district that can respond

10:49:15 immediately to moving vehicles, or to neighborhood.

10:49:22 I don't think that's asking too much to have three officers

10:49:25 with three of the machines that measure the audibles.

10:49:32 That's my suggestion.

10:49:33 We can take it from there.

10:49:35 >>CHARLIE MIRANDA: Thank you.

10:49:36 Mr. Cohen.

10:49:36 >>HARRY COHEN: Just a follow-up on what some of the other

10:49:40 council members have said.

10:49:41 My understanding of the type of ordinance that you are

10:49:43 suggesting is that, yes, each district could have the noise

10:49:51 measurement equipment, but a regular traffic officer could,

10:50:02 under the plainly audible standard, give a ticket for

10:50:07 violation without the presence of any equipment, correct?

10:50:12 >> The plainly audible standards would not require a noise

10:50:16 meter, but telephonic at the current time, until the state

10:50:19 fixes the state statute, they can't issue tickets for the

10:50:23 motor vehicle.

10:50:24 >> Okay, but would they be able to actually cite someone

10:50:30 under the ordinance for the noise violation?




10:50:34 >> Not in the motor vehicle --

10:50:37 >>HARRY COHEN: The code violation?

10:50:39 >> Preempted from going after noise -- from regulating noise

10:50:44 from motor vehicles under the current state statute.

10:50:49 But to further answer that, yes, any officer would be able

10:50:54 to do plainly audibles without having the additional noise

10:50:58 meter equipment with them.

10:50:59 >>HARRY COHEN: I just want to also address, in case anyone

10:51:05 is wondering, this is definitely a city-wide problem.

10:51:09 There are places all over the city where people cannot get a

10:51:14 decent night's sleep at night because of the cars blaring

10:51:18 sound outside their windows.

10:51:21 If you live in a high-rise on Bayshore, you are woken up

10:51:25 three nights a week at least by somebody going by for the

10:51:29 thrill of the chase at 2:00 in the morning, blaring their

10:51:32 music in order to try to wake up all the neighbors.

10:51:34 So I will join with my fellow council members in supporting

10:51:39 any kind of reasonable ordinance that will help us address

10:51:46 the problem.

10:51:49 >>CHARLIE MIRANDA: Mr. Reddick and then Mrs. Mulhern.

10:51:51 >>FRANK REDDICK: Chair, after we hear from the audience,

10:51:58 and those who want to speak on this issue, I would like to

10:52:02 make a motion in regard to this ordinance.

10:52:08 >>CHARLIE MIRANDA: Mrs. Mulhern.

10:52:09 >>MARY MULHERN: (off microphone) one question follow-up on




10:52:13 the other council members.

10:52:14 What Mr. Cohen was asking about the citation, so can -- with

10:52:22 the clearly audible, we adopt that, will a police officer be

10:52:28 able to give a ticket?

10:52:37 Only if the law is changed?

10:52:39 >>REBECCA KERT: For motor vehicles again?

10:52:42 >>MARY MULHERN: Yes.

10:52:44 >>REBECCA KERT: We by ordinance at the current time cannot

10:52:47 regulate the noise from motor vehicles.

10:52:50 That is not going to solve that problem.

10:52:51 If people want that changed, then they need to contact their

10:52:55 legislature and encourage them to support the bills.

10:52:58 >>MARY MULHERN: So those bills, I don't have a copy of

10:53:02 them.

10:53:02 They would allow cities to do that?

10:53:04 >>REBECCA KERT: It actually does two things.

10:53:07 Number one, it fixes the state statute.

10:53:10 Number two, as currently worded, it expressly says if a

10:53:17 homeowner wants to do something more --

10:53:21 >>MARY MULHERN: So if that passes we will be able to stop

10:53:24 them and give a ticket?

10:53:25 >>REBECCA KERT: Yes.

10:53:26 >>MARY MULHERN: Thank you.

10:53:28 >>CHARLIE MIRANDA: Any other council members?

10:53:28 Let me just say this, Mrs. Kert.




10:53:31 Thank you very much.

10:53:33 I believe the letter from Chief Castor also encouraged all

10:53:38 the neighborhoods to send some form of communication to your

10:53:43 legislature.

10:53:45 I don't know if we can give you an address or where to mail

10:53:48 it to.

10:53:49 And something to allude to, I think in order to have some

10:53:54 preventive measures taken, anyone who has those metering

10:53:57 equipment, monitoring equipment that has decibels, should be

10:54:00 trained by a certified individual so when it goes somewhere

10:54:05 else other than to the police officer, to us, it goes to

10:54:08 court, and the evidence presented cannot be overturned

10:54:11 because the individual wasn't certified, quote-unquote, you

10:54:16 have to cover statements that you don't want to do but you

10:54:18 have to do, so that takes up -- that the case is intact.

10:54:24 Am I correct?

10:54:29 >>REBECCA KERT: Yes.

10:54:30 The decibel levels, the officers do have to follow certain

10:54:36 standard and calibrate the machines each and he have time.

10:54:41 And it's something we do have to check on each and he have

10:54:43 time if we are going to make a court case.

10:54:45 For the plainly audible, it is simplified.

10:54:48 I want to make it clear that what we have on the books right

10:54:51 now is Constitutional, it's been upheld on two recent

10:54:55 challenges unconstitutional.




10:54:57 From a practical matter it is not always as easy to

10:55:01 implement as we like in certain areas of the city, and that

10:55:03 is why I am recommend the change to address some of the

10:55:05 concerns.

10:55:06 But what we have on the books right now is Constitutional.

10:55:10 >>CHARLIE MIRANDA: Mrs. Montelione.

10:55:11 >>LISA MONTELIONE: Mrs. Kert, don't go away.

10:55:16 Thank you.

10:55:17 The state law, when Mr. Reddick brought up the bicycles, and

10:55:22 it's not only bicycles but pedestrians as well.

10:55:25 I have seen them all over my neighborhood.

10:55:29 Once the state statute hopefully gets changed if the current

10:55:32 bills move through and are successful all the way, to the

10:55:36 end, will that also allow us to ticket or provide noise that

10:55:43 includes pedestrians and bicyclists as modes of

10:55:51 transportation?

10:55:51 >> We currently do have the ability to regulate pedestrians.

10:55:53 It's strictly motor vehicles. I don't believe that motor

10:55:57 vehicles includes bicycles.

10:55:58 I just would want to verify my research that there isn't

10:56:02 some different mechanism in the state statute.

10:56:05 But if the bills pass we will be able to regulate everyone.

10:56:09 >>LISA MONTELIONE: Thank you.

10:56:12 >>CHARLIE MIRANDA: Anyone else on council?

10:56:13 Okay, we go to the public on item number 6 for three minutes




10:56:19 each.

10:56:20 And I have to excuse myself.

10:56:23 I have a meeting with an individual, our office next door,

10:56:27 and Mr. Cohen, I will be back in about 15, 20, 30 minutes or

10:56:30 so.

10:56:34 >> My name is Betty Bale and I live in Highland Pines. My

10:56:37 address, 3003 Star Street, Tampa 33605.

10:56:43 Now, what I wanted to say has been said by Councilman

10:56:46 Reddick and all of you on the council.

10:56:48 So there is no use in saying it all over again.

10:56:51 But I also want to commend someone that is here today who

10:56:56 has for the past three and a half years been very hawkish

10:57:03 about the loud noise in the East Tampa neighborhood, and

10:57:06 that is Mr. Clay Daniels.

10:57:10 He has been at every meeting, everywhere he could go, and to

10:57:17 my house, talking about the loud music.

10:57:20 And I want everyone to know that he deserves a hand clap.

10:57:25 [ Applause ]

10:57:25 Thank you.

10:57:27 >>HARRY COHEN: Councilwoman Mulhern.

10:57:30 >>MARY MULHERN: I want to say thank you for recognizing Mr.

10:57:34 Daniels.

10:57:36 To me it's been six years that he has been the voice against

10:57:39 noise.

10:57:39 And I think he should feel good today because I think we are




10:57:43 finally getting somewhere.

10:57:44 >> Kelly Bailey, 2701 north 9th street.

10:57:56 I'm here today to speak on my own behalf as a resident who

10:57:59 lives along a major thoroughfare in VM Ybor, and I am also

10:58:03 speaking for Sherri Glensdale north 9th street but could

10:58:09 not be here.

10:58:11 Moving to my house about ten or eleven years but moved there

10:58:14 about six years ago, I understand that I would hear normal

10:58:17 traffic noise and council music coming from a moving

10:58:19 vehicle.

10:58:20 In reality, what I sometimes hear such eardrum blasting loud

10:58:24 music that I wonder how the occupants in the car can even

10:58:27 hear.

10:58:28 I know that was said by some of you.

10:58:32 Live in a two-story bungalow and the music and bass, I can

10:58:37 literally feel my house shake on a foundation and that's

10:58:40 when I am working on the home office which is the furthest

10:58:44 side of my house from Columbus.

10:58:45 I understand you are not able to regular ultimate what type

10:58:47 of music people play in these moving vehicles but many times

10:58:51 the choice of music played by these individuals is so vulgar

10:58:54 and contains so many expletives that I am concerned about

10:58:57 what my children and the other children in the neighborhood

10:58:59 are being forced to listen to.

10:59:01 Or hear.




10:59:02 I am asking you to do something on a local level to help

10:59:05 combat these noise issues, coming from moving vehicles, and

10:59:08 I would also like my rights as a citizen and a homeowner to

10:59:11 be held in higher regard than the individuals who violate my

10:59:15 peace and quiet.

10:59:16 And I know, I have to get going so I am going to very

10:59:18 quickly speak to number 7, if I may.

10:59:21 Regarding the present residences being rented out as bed and

10:59:25 breakfasts or other commercial uses, I would support this as

10:59:28 I think it would help to enhance visitors' experiences when

10:59:31 visiting Tampa.

10:59:32 But I am also envisioning a bed and breakfast as what you

10:59:36 would see in St. Augustine or Charleston when voicing my

10:59:39 support for that.

10:59:40 If you also support the usage, I would strongly encourage to

10:59:44 you draft the language of the ordinance governing bed and

10:59:47 breakfasts very tightly so that may not be exploited by

10:59:50 individuals who simply want to call their business a bed and

10:59:53 breakfast but instead are renting out rooms to low income

10:59:56 people while running a cash based business with no

10:59:59 accountability.

10:59:59 Also, please make serving an actual breakfast.

11:00:05 Thank you very much.

11:00:06 >> Judy Greer, 1314 east 15th Avenue.

11:00:14 So I am right next to Ybor.




11:00:15 But in VM Ybor.

11:00:19 A few years ago, I did look up some of the Web sites from

11:00:22 all over the country about how they dealt with the noise

11:00:27 statutes and whatever.

11:00:29 I can't remember the city.

11:00:30 I printed it all up.

11:00:32 I believe it might have been Indianapolis where they

11:00:34 actually impound the cars, legally impound the cars, first

11:00:37 offense.

11:00:38 And guess what.

11:00:39 Whatever city it is, there's no noise there anymore.

11:00:42 This is on a cop Web site.

11:00:44 In a noise at all.

11:00:46 No stationary.

11:00:48 That's fantastic.

11:00:49 And all of this is over arched by the noise control act of

11:00:53 1972 under the EPA, which is a federal statute.

11:00:57 It's not funded anymore.

11:00:59 It used to be funded.

11:01:02 But the funding is not there for the act anymore to enforce

11:01:06 it.

11:01:10 But obviously we have a federal overarching bill or whatever

11:01:16 you call it, act, that says, hey, liens, you can do whatever

11:01:21 you want to shut people up, because it was such a problem

11:01:25 then.




11:01:28 And then the quiet communities act of 1978 was again one of

11:01:32 the reinforcing things that went along with EPA.

11:01:38 But as somebody said let's just put it on the books.

11:01:42 Put it on the books and let object battle us.

11:01:45 Okay, let them go to all the expense and battle us, state

11:01:50 included.

11:01:51 If you don't like it, go after us.

11:01:53 All they have to do is spend their money.

11:01:56 And see what can be done on their behalf.

11:01:58 Well, anyway.

11:01:59 >>MARY MULHERN: Can I ask you a question?

11:02:04 Do you know if the federal -- what is it called, the noise

11:02:07 act?

11:02:07 >> It's called the noise control act of 1972.

11:02:11 >>MARY MULHERN: And the one after that was the quiet

11:02:13 communities act of 1978.

11:02:14 >>MARY MULHERN: So were either of those -- I'm trying to

11:02:17 figure out if we can also -- if we adopt the EPA -- I mean

11:02:24 that doesn't solve outside of those neighborhood.

11:02:27 The EPC.

11:02:29 I did not know anything about this.

11:02:31 >> It's strictly the federal one but obviously they had

11:02:33 problems for a long time, and there is an overarching

11:02:36 federal act that covers all this.

11:02:38 So we should be able to at least if the state comes after




11:02:42 us, a excuse me, the feds say we can do it.

11:02:45 >>MARY MULHERN: That's great information.

11:02:47 Thank you.

11:02:48 >>HARRY COHEN: Thank you.

11:02:50 >>> Good morning.

11:02:55 My name is Gladys Jackson.

11:02:57 I live at 2101 east 24th Avenue in Belmont Heights.

11:03:06 There's a sign saying that Belmont Heights is in Ybor City,

11:03:11 but the noise that we have to put up with over there is

11:03:13 outrageous.

11:03:19 They are going to say we violated these music peoples

11:03:22 rights.

11:03:22 What about our rights?

11:03:23 We have a right to lay down in the bed and go to sleep and

11:03:26 not be blared out of bed at 2:00 or 3:00 in the morning.

11:03:30 And rattle all of the windows shaking, and some of the music

11:03:37 they are playing is terrible.

11:03:38 Nobody wants to hear that.

11:03:40 Every other word is a cuss word.

11:03:42 And I feel that the police in 2004, they were able to write

11:03:54 tickets and it cleared it up in the neighborhood I used to

11:03:56 live in.

11:03:57 And I am wondering why they can't now.

11:03:59 Because even though these people know they can do it without

11:04:02 getting a ticket, they do it up.




11:04:06 They sit on my corner and Blair it up.

11:04:09 Every chance they get, because they know I was one of the

11:04:13 original people that complained about it.

11:04:15 And we definitely need you all to take into consideration

11:04:21 that we are being violated by the criminals, and the person

11:04:28 that own these cars, and why do they have more rights than

11:04:30 we do?

11:04:32 So that's all I have to say.

11:04:35 But I do wish that you all would take care of this because

11:04:42 it's getting really awful.

11:04:44 And we need your help.

11:04:46 Thank you.

11:04:46 >> Hi.

11:04:53 My name is Cynthia Hughes.

11:04:55 I live at 4506 29th street.

11:04:58 That's in East Tampa.

11:05:00 And I am the president of the College Hill neighborhood

11:05:04 crime watch.

11:05:06 And my crime watch is unique in that it is mostly seniors.

11:05:11 And Mr. Daniels has been coming to my crime watch meeting

11:05:15 for over three years.

11:05:17 And it's the same complaint.

11:05:19 And we as seniors -- and I will be 65 in May -- and we as

11:05:30 seniors, they scare us, and you wake up in the middle of the

11:05:33 night, the house is shaking, if you have an animal the dog




11:05:37 is barking or the cats are in fear, and it's not fair that

11:05:43 other peoples rights are upheld as being okay to violate

11:05:52 other people's rights.

11:05:53 So as a senior, I'm asking you to please consider that we

11:05:58 want to stay around as long as we can, and we don't want

11:06:01 them to scare us to death.

11:06:03 Thank you.

11:06:03 >>FRANK REDDICK: Even the chickens start running.

11:06:08 [ Laughter ]

11:06:08 >> Good morning, council members.

11:06:12 My name is clay Daniels, 3708 east 8th.

11:06:17 I have been talking with senator Simpson's office in

11:06:21 Tallahassee, we have been corresponding, and the bill, just

11:06:25 in case the bill does get passed, we need to wait.

11:06:28 And the problem is, I agree with Mr. Reddick, some

11:06:31 neighborhood, just in other neighborhoods, we are taking a

11:06:33 beating.

11:06:34 I have been complaining about this for the last ten years.

11:06:36 We can no longer let the hoodlums and the thugs take over

11:06:40 our neighborhood.

11:06:41 We are worried about being sued?

11:06:43 Sarasota already went ahead with the plan.

11:06:45 But we started a long time ago.

11:06:49 If you get three meters on each shift, what happens?

11:06:54 You have got three shifts.




11:06:55 Each meter in each district.

11:06:59 You will need more than three meters.

11:07:01 And you don't need the meters.

11:07:04 There needs to be 50 feet, and the officer says the music is

11:07:09 loud, it's loud.

11:07:10 If you can hear music five blocks away, you are in your

11:07:13 house, you know it's loud.

11:07:16 The convalescent home is complain being this noise.

11:07:22 East Tampa, West Tampa, South Tampa, New Tampa, all the

11:07:26 crime watch members are complaining about this noise.

11:07:29 We cannot let these thugs take over the neighborhoods.

11:07:33 They took over.

11:07:34 We cannot wait on the state legislature.

11:07:36 We don't need to wait.

11:07:37 We have waited long enough.

11:07:38 We need to get a law in place to control this law.

11:07:41 And what happens if it fails in the house and the Senate?

11:07:45 We are back to square one.

11:07:47 We need to find a way now to deal with this problem.

11:07:49 And please, summertime is coming.

11:07:54 Noise free Florida over in St. Pete, I have been working

11:07:56 with her.

11:07:59 The problem the worst in the summer.

11:08:03 We are going to be stay in our home.

11:08:06 I sleep with ear plugs on at night.




11:08:08 This is a problem.

11:08:09 And I am begging you all, don't wait on the legislature

11:08:11 because we don't know whether it's going to get passed or

11:08:14 not.

11:08:14 We need to do something now to contain this noise.

11:08:16 And I am begging you all to do something about it.

11:08:18 Now it's going to get any better.

11:08:20 And putting it on the back burner is not going to solve the

11:08:23 problem.

11:08:23 The legal department has been messing with this thing and

11:08:26 messing with it.

11:08:26 It's time to act now.

11:08:27 Thank you.

11:08:28 >>HARRY COHEN: Mr. Reddick.

11:08:36 >>FRANK REDDICK: Well, Mr. Chair, let me say that I agree

11:08:40 with the speaker pertaining to the legislative process,

11:08:42 because anyone that understands how things operate in

11:08:45 Tallahassee, it might pass in one committee, but still

11:08:53 there's going to be debate on the floor, and reached the

11:08:57 floor and watered down, and for a bill that passes, it is

11:09:00 watered down and so I understand that, and I am not willing

11:09:09 to wait to see what happens in Tallahassee, because it

11:09:16 depends, too much control of that bill will depend on the

11:09:19 Senate president, or the Speaker of the House, whether they

11:09:22 will bring it up for debate.




11:09:24 So just because they are committed doesn't guarantee it's

11:09:27 going to come before the floor.

11:09:29 And then, you know, into April, that's one month, and they

11:09:38 have completed the budget process, so that's just the

11:09:48 process.

11:09:49 But let me just say this.

11:09:52 I support the staff recommendation, and I also want to

11:10:00 support what the speaker said, I can support it and make a

11:10:13 motion that we accept staff recommendation, the limitation

11:10:17 of 50 feet as the boundary.

11:10:19 >> Second.

11:10:21 >>HARRY COHEN: We have a motion and a second.

11:10:23 Discussion on the motion.

11:10:24 Mr. Suarez is first and then Mrs. Mulhern.

11:10:26 >>MIKE SUAREZ: Thank you, chair.

11:10:28 I think obviously from all of the discussion that we have

11:10:30 had from the neighborhoods and also from Rebecca Kert, in

11:10:34 terms of some of the balance that we have to come up with, I

11:10:37 agree with Mr. Daniels, it has been too long for us to have

11:10:40 to deal with this.

11:10:42 However, I do think that trying to regulate right now on a

11:10:46 state issue, meaning the moving vehicles, is only going to

11:10:51 make bad law and make it worse for us to come back again.

11:10:55 We don't want it to get back into court and having to wait

11:10:58 another 18 months before the Supreme Court -- because I tell




11:11:01 you what, you might not want to wait on the legislature but

11:11:05 you sure don't want to wait on the Supreme Court.

11:11:08 It took 18 months to decide, and we had to wait to determine

11:11:12 whether we could go forward.

11:11:14 But making bad ordinances on top of bad laws is bad way of

11:11:18 dealing with these issues.

11:11:20 Now, having said all of that, I do think that there may be a

11:11:23 way -- and Mrs. Kert might be able to put this as part of

11:11:26 the motion, Mr. Reddick -- and I ask as a friendly amendment

11:11:31 to look at some of the ideas that were presented to us.

11:11:34 One of the things that was told to us was something that was

11:11:38 going on in Indianapolis.

11:11:39 I'm not sure if it's Indiana state law or Indiana ordinance.

11:11:44 I would like to find out more about that.

11:11:46 Because if there is a way that we can impound cars, when

11:11:50 people are actually breaking our ordinance, I think that

11:11:55 would be a great deterrent to people actually breaking the

11:11:59 ordinance.

11:12:00 So I'm supporting the motion, Mr. Reddick.

11:12:04 I'm supporting going forward.

11:12:06 And I think that based on what you have said, you know, we

11:12:09 are going to try to find something to solve this problem.

11:12:12 And I hope that we can direct in addition Mrs. Kert to look

11:12:17 at those other ordinances and find out if it will fit into

11:12:21 what we are trying to do here.




11:12:23 Thank you, chair.

11:12:23 >>HARRY COHEN: Thank you, Mr. Reddick.

11:12:28 >>MARTIN SHELBY: I'm sorry, I wanted to make it clear that

11:12:30 Mr. Reddick accepted the friendly amendment?

11:12:33 >>FRANK REDDICK: Yes.

11:12:34 >>HARRY COHEN: Why don't we ask her to do that once the

11:12:41 other council members had their say?

11:12:43 Because there may be additional items that need to be

11:12:45 incorporated.

11:12:48 Ms. Mulhern.

11:12:49 >>MARY MULHERN: Thank you.

11:12:50 Since this is the opportunity for us to actually ask for all

11:12:55 of these things to come back, I have a request to add that

11:13:03 if legal could come back with language that, you know, we

11:13:08 may need to discuss it further, but if council agrees to it

11:13:12 that we could include in the ordinance to remove the

11:13:16 exemptions for Ybor beings downtown, and Channelside, from

11:13:21 the county EPC noise ordinance, because I think anything we

11:13:24 can do -- and we heard from someone in Belmont Heights who

11:13:32 said she suffers from the noise from Ybor City.

11:13:35 So if there's anything we can do to reduce the noise in

11:13:40 those neighborhoods, I don't see why we shouldn't do that in

11:13:43 this case.

11:13:44 >>REBECCA KERT: If I may maybe make a recommendation on the

11:13:49 motion rather than having me draft the county administrative




11:13:56 rules --

11:13:57 >>MARY MULHERN: Remove the exemption is what I meant.

11:14:00 >>REBECCA KERT: Right.

11:14:01 I can't do that.

11:14:05 Consider revising your ordinance, and I can bring that back

11:14:08 to you, and then if that's what City Council wants to do, we

11:14:11 can contact EPC and discuss it then about revising --

11:14:20 >>MARY MULHERN: Right, I guess that's what I'm asking.

11:14:24 The ordinance to be in line with -- with the EPC's rule

11:14:31 actually accepts the county's rule?

11:14:37 >> Yes, they do.

11:14:37 And I am having to talk with them.

11:14:39 They measure differently than we do.

11:14:41 Just in looking at what we do, it appears that EBAs

11:14:49 residential areas are ones you currently have in place, but

11:14:52 they also measure -- it's a little bit apples and oranges in

11:14:57 how they measure and how we measure.

11:14:59 But right now, right now, they have exempted the city in

11:15:04 their areas so the area is free to accept what the city

11:15:08 wants in those three areas.

11:15:11 >>MARY MULHERN: So we can do that?

11:15:13 >>REBECCA KERT: Yes.

11:15:14 >>MARY MULHERN: So I guess my wording would be to -- I

11:15:18 guess whatever we pass today, or ask you to draft today,

11:15:24 that all neighborhoods, the entire city be included in it.




11:15:27 And that would solve this, right?

11:15:35 >> I believe that would get you where you want to be.

11:15:38 >>HARRY COHEN: Mrs. Capin and then Mr. Suarez.

11:15:41 >>MARY MULHERN: I don't think that's a change, Mrs. Kert.

11:15:46 Then you don't need to add anything to the motion, right?

11:15:48 Because nothing is exempted for what we are asking for,

11:15:53 right?

11:15:53 I guess that's what I am asking for, that the whole city --

11:15:58 >>REBECCA KERT: You would need to say what you just said.

11:16:00 >>MARY MULHERN: So that's a friendly amendment.

11:16:06 Acceptable?

11:16:06 >>HARRY COHEN: Just a minute.

11:16:09 I have Mrs. Capin and then Mr. Suarez.

11:16:12 You are next.

11:16:12 Go ahead.

11:16:16 >>YVONNE CAPIN: Actually, I would like to hear.

11:16:20 >>MIKE SUAREZ: I appreciate that.

11:16:22 I think maybe that should be a separate motion first of all,

11:16:25 because if I am correct, Mrs. Kert, if you can help me out

11:16:29 with this, what Councilman Mulhern is asking for, we will be

11:16:36 back to measuring with a sound device, correct?

11:16:41 As opposed to it being plainly audible?

11:16:44 >>REBECCA KERT: What I heard Mrs. Mulhern say -- and this

11:16:48 may not be what you said -- but what I heard you say is that

11:16:53 you were requesting that the changes that I was recommending




11:16:59 with the lower decibel levels for the rest of the city, and

11:17:03 to the plainly audible standard, be city-wide, and you no

11:17:07 longer have a separate standard for downtown, Channelside

11:17:13 and Ybor.

11:17:13 >>MIKE SUAREZ: I wanted to make sure we were clear about

11:17:16 that because I didn't want to go backward.

11:17:18 The EPC standard is that we are still measuring.

11:17:23 Then it goes against --

11:17:25 >>MARY MULHERN: You both helped me figure out what I was

11:17:27 trying to say.

11:17:28 I think we are good.

11:17:29 Nothing to do with EPC.

11:17:30 It's to do with our new ordinance.

11:17:32 >>HARRY COHEN: Councilwoman Capin.

11:17:44 >>YVONNE CAPIN: I think with the questions I'm satisfied.

11:17:45 >>HARRY COHEN: Councilman Montelione.

11:17:49 >>LISA MONTELIONE: Correct me if I am wrong, Mrs. Kert, but

11:17:51 the exception or the difference in the standard for Ybor and

11:17:55 Channelside and downtown was because -- and I to use the

11:18:02 correct term -- not an entertainment area but areas in which

11:18:07 we encourage outdoor music festivals, and those types of

11:18:11 activities.

11:18:12 I bring up perhaps maybe the music festival that occur and

11:18:20 this is the second annual, and I assume it would be an

11:18:23 ongoing event.




11:18:24 Any of the festivals, the fun festival, coming up at some

11:18:29 point in time.

11:18:30 And if we apply those standards to the downtown area, would

11:18:40 that then inhibit the ability for these festivals and these

11:18:43 types of programming activities that we are looking to

11:18:46 embrace in the downtown, Channelside and Ybor area?

11:18:52 So I have a concern with on the one hand trying to promote

11:18:55 an active, lively downtown with festivals and concerts and

11:19:00 other types of programming activity in those areas with

11:19:07 applying a residential standard that you would find in the

11:19:15 city.

11:19:16 >>REBECCA KERT: Assistant city attorney.

11:19:19 You currently have in your regulation exemption from your

11:19:22 current noise ordinance, and they are not content, they are

11:19:26 exemptions based on basically content in manner, noise like

11:19:32 a sports arena.

11:19:34 If you live next to a sports rein you should not be

11:19:37 surprised to hear noise.

11:19:38 There are also exemptions for festivals occurring in parks

11:19:42 that are approved by the Parks and Recreation Department of

11:19:45 the city.

11:19:48 And emergency vehicles and similarly --

11:19:55 >>LISA MONTELIONE: CSX railroad tracks.

11:19:58 Okay, that satisfies me.

11:19:59 But I want to make sure that Pa that was clear.




11:20:02 Thank you.

11:20:02 >>HARRY COHEN: Let me just say something, because I have

11:20:04 not spoken yet on this.

11:20:05 First, just two points that council members have made.

11:20:08 The first is related to what the legislature will or will

11:20:13 not do on the motor vehicle issue.

11:20:15 My sense is that by the time the legal department comes back

11:20:18 to us with draft language for this ordinance, which will

11:20:21 take probably two or three weeks, by then, we will have a

11:20:25 much better sense of whether or not the legislature is

11:20:28 actually going to pass something or not.

11:20:30 So it's not a situation of putting it off for months and

11:20:34 months.

11:20:34 They have 30 days left in their session.

11:20:36 They are either going to do something or they are not.

11:20:38 It's going to happen relatively quickly.

11:20:40 The second thing is that on Councilwoman Mulhern's

11:20:44 amendment, I think that is something when we start examining

11:20:49 the language, we are going to need to hear from the public

11:20:52 on.

11:20:53 We are going to have to have a discussion about whether or

11:20:56 not we still want to have areas of the city that have

11:20:59 different regulations than others.

11:21:01 We may decide after hearing from everyone that we want to

11:21:05 leave it alone.




11:21:05 We may decide we want to tweak it.

11:21:08 We may decide we want to have a uniform standard for

11:21:11 everybody.

11:21:11 But I think to make that decision now without the public

11:21:13 having a chance to weigh in and without Mrs. Kert being able

11:21:17 to go back and sort of examine the different language

11:21:20 options that we might have, might be premature.

11:21:23 I certainly am supportive of looking at it as part of the

11:21:26 comprehensive examination of our noise ordinance.

11:21:31 >>MARY MULHERN: That's fine with me.

11:21:33 I think that's what I was trying to say at first, was to

11:21:36 bring that back as an option so that we are going to have a

11:21:41 public hearing.

11:21:42 Are you saying you think we should have a workshop?

11:21:45 >>HARRY COHEN: Well, I guess I was saying is that when Mrs.

11:21:48 Kert brings us back language, there will have to be two

11:21:50 public hearings on the ordinance, and we can talk about it.

11:21:55 >> Right.

11:21:57 This is what I am saying.

11:21:58 That is what I was starting to say in the first place.

11:22:00 Come back with the language, you would have that as an

11:22:02 option, because I know --

11:22:05 >>REBECCA KERT: Just a procedural matter.

11:22:07 Your first reading is not a public hearing except in land

11:22:10 use.




11:22:10 The land use area.

11:22:11 So if you would like me to bring back options, you should

11:22:15 probably have it scheduled understood a staff report.

11:22:17 >>HARRY COHEN: Thank you for that.

11:22:18 >>MARY MULHERN: Maybe that's the motion I need to make,

11:22:21 after --

11:22:26 >>HARRY COHEN: Councilman Reddick's motion is the one we

11:22:28 have all been discussing here.

11:22:30 And I believe that it's going to incorporate the elements

11:22:33 that Mr. Suarez and Mrs. Mulhern mentioned.

11:22:35 It sounds as though the best thing to do would be to bring

11:22:38 it back for a staff report.

11:22:39 >>FRANK REDDICK: And like to do that on April 18 at

11:22:43 9:00 a.m. under staff reports.

11:22:45 >>HARRY COHEN: We have a motion for a staff report on April

11:22:50 18th.

11:22:52 It's already been seconded.

11:22:53 >>MARTIN SHELBY: That is not to be set for first reading

11:23:00 consideration.

11:23:00 >>HARRY COHEN: Right.

11:23:03 All those in favor please indicate by saying aye.

11:23:05 Opposed?

11:23:07 Okay, motion passes.

11:23:08 We will come back to that on April 18th.

11:23:11 We are going to move on now to item 7.




11:23:13 Item 7 is an item that I had asked to be originally --

11:23:21 >>LISA MONTELIONE: Before we move on, if there's anyone

11:23:23 here in the audience I would like them to know that we are

11:23:26 continuing -- numbers 8 and 9.

11:23:29 So if they are here to speak for numbers 8 and 9 they are no

11:23:33 longer required.

11:23:34 >>HARRY COHEN: That's right.

11:23:35 We are going to get to that.

11:23:37 Thank you for that.

11:23:37 Item 7 should take us a little while to get through.

11:23:43 This item is really the combination of a couple of separate

11:23:47 issues that have come before us.

11:23:50 And Mrs. Coyle and Julia Mandell, who may or may not be

11:23:56 coming down, are going to give us some options for dealing

11:23:58 with this.

11:23:59 But this really arose out of three separate issues.

11:24:04 The first were some comments that were made to me by some

11:24:09 citizens on Davis Islands.

11:24:11 Some of them are here today regarding private homes being

11:24:15 rented out for special events, basically outside of the

11:24:21 city's business regulation, and outside of our ordinances

11:24:25 covering how long, what the minimum period of time for

11:24:29 rental is.

11:24:30 Another issue that came up separately came up from some

11:24:33 houses in West Tampa that were concerned about neighboring




11:24:39 houses being rented out for parties, houses would get

11:24:43 trashed, and then the renters would be gone long before

11:24:46 anybody had a chance to actually deal with it.

11:24:49 And then the third item, which related to bed and

11:24:51 breakfasts, is really sort of ancillary, but that is that

11:24:56 you are never going to be able to have bed and breakfasts be

11:25:00 able to set up and operate legally if they are in

11:25:03 competition with all sorts of private homes that are going

11:25:06 up and down in terms of being able to rent out the house for

11:25:12 a wedding, or a private party outside of our regulations.

11:25:17 So with that, Ms. Coyle is going to talk to us a little bit

11:25:21 about our options for dealing with this.

11:25:22 My understanding is that the state gives them some

11:25:25 guidelines on how we might proceed.

11:25:28 >>CATHERINE COYLE: Planning and development.

11:25:31 Timing was pretty fortunate on this.

11:25:32 The documents that I had passed out is really part of the

11:25:35 state statute dealing with public lodging establishments.

11:25:40 The regulations and licensing requirements and the

11:25:43 enforcement for that particular type of license at the state

11:25:46 level.

11:25:47 When I say timing is everything on this, I had actually

11:25:50 pulled these definitions because the rooming house

11:25:52 regulations we were looking at, they are covered under the

11:25:56 same statute.




11:25:57 And you actually had this document a couple months ago.

11:25:59 But from a totally different vantage point.

11:26:02 What's interesting is, in our current rules, in the zoning

11:26:06 code, a dwelling unit is what is typically your living area,

11:26:11 bathroom, and your kitchen facilities, in one space.

11:26:15 We have a requirement, the dwelling unit is rented out or

11:26:21 leased out or occupied on a weekly or longer basis.

11:26:24 That's what's covered under our definition as far as time

11:26:27 frame.

11:26:27 We looked back to find out where that really came from, that

11:26:30 weeklong time frame or longer, and the definition is at

11:26:35 least been there since '86, 87, if not before.

11:26:40 It doesn't quite jive with the exemption under the state law

11:26:43 for the public lodging establishments.

11:26:45 The exemptions for the public lodging establishment lie

11:26:50 accepting requirement -- and just to give you a little

11:26:54 background, the public lodging establishment definition, and

11:26:56 the licensing for those covers all manner of things, whether

11:27:00 it's transient or nontransient, occupants, covers hotels,

11:27:06 motels, vacation rentals, can cover rooming houses if they

11:27:09 are not the full residence of the occupant.

11:27:13 There's nine different options for exemptions.

11:27:17 But their time frame typically is a 30 day window.

11:27:24 So we don't quite jive as far as the time frame.

11:27:26 So my ultimate recommendation is to move our dwelling unit




11:27:30 to the 30-day.

11:27:33 30 day is one calendar month, whichever is less.

11:27:37 Now, what's interesting is, as a transient public lodging

11:27:41 establishment, which is renting for even just advertising

11:27:46 for letting out this unit, if there is less than 30 days of

11:27:50 one calendar month, whichever is less, and it says or held

11:27:53 out to the place publicly rented to guests, and I think what

11:27:57 you will hear probably is they are on these Web sites and

11:27:59 advertised for long weekends continually, the exemption for

11:28:03 that, that unit, if it's less than -- I'm sorry, more than

11:28:09 30 days, but as a transient establishment, you are supposed

11:28:13 to be licensed.

11:28:15 And just so you know for enforcement purposes, at the state

11:28:18 level it is considered a second degree misdemeanor, if you

11:28:21 do not have a license as a public lodging establishment.

11:28:24 So if you have this as a rental home and you are renting it

11:28:29 out, per our code, week or longer, but you are doing it

11:28:33 regularly, and it's advertised that way regularly, you are

11:28:36 potentially renting afoul of the state licensing

11:28:39 requirement, which if you look on page 3, understood

11:28:43 509.241 -- that's why I highlighted it -- says it shall be a

11:28:50 second degree misdemeanor, local law enforcement shall

11:28:55 provide immediate assistance in pursuing an illegally

11:28:59 operating establishment.

11:29:00 >>HARRY COHEN: I have some council members that already




11:29:02 have some questions.

11:29:03 Councilwoman Montelione and Councilman Suarez.

11:29:05 >>LISA MONTELIONE: Mrs. Coyle, you did bring up the Web

11:29:09 site.

11:29:10 And I'm familiar with these types of arrangements in other

11:29:14 cities because I myself have taken advantage of these types

11:29:18 of arrangements in other cities, and not just as a rental

11:29:22 agreement, but I also belong to the couch surfing network,

11:29:29 so if people are not familiar with the couch surfing

11:29:31 network, it is the ability to find lodging in other cities

11:29:39 where you are not paying for the lodging, and no meals or

11:29:47 breakfast anything, guaranteed, it may be provided, it may

11:29:51 be not, and although it says couch surfing, you can seek out

11:29:55 your own opportunities, and I don't sleep on people's

11:29:58 couches.

11:29:58 It's generally a room in their house.

11:30:01 But it is not free of charge.

11:30:03 People are vetted.

11:30:05 You have to be vouched for in order to stay in someone's

11:30:08 house and it's expected that you allow your house to be used

11:30:11 as well.

11:30:11 I have never hosted anyone.

11:30:13 But that is the expectation.

11:30:18 So in other cities, these types of arrangements are

11:30:22 permitted, I would assume.




11:30:24 It's been around for many, many years, and in fact you

11:30:29 mentioned there's one Web site.

11:30:32 I'm hesitant to even say the name of the Web site, but it is

11:30:36 public records since it's in my notes, that there are many

11:30:41 places in the City of Tampa are listed.

11:30:47 The difference for me -- there's a lot of things that come

11:30:50 up here, is one, I'm sure none of these people realize that

11:30:53 they are running afoul of the state law, and that they

11:30:56 should be licensed, and they could be subject to a class 2

11:31:02 misdemeanor offense.

11:31:04 And there are also different types of arrangements that are

11:31:07 listed.

11:31:07 So, for instance, one is an entire house where the owners

11:31:12 are world travelers themselves, often are not in the home

11:31:17 that is located here in Tampa, and they advertise that you

11:31:21 can have one room or you can have the whole house and goes

11:31:27 into great detail.

11:31:28 So to me, that's a regular ongoing business, because

11:31:32 generally they are not home.

11:31:35 They are not at the property when others are renting either

11:31:40 the room or the whole house.

11:31:44 The other type of situation is where the owners are home,

11:31:48 which to me is more similar to the T how the couch surfing

11:31:52 network is.

11:31:52 The owners are home.




11:31:53 And they like to have people from other places, you know, or

11:31:58 around the world come and enjoy an experience with that

11:32:02 person.

11:32:02 So it's more of a social type of arrangement and less of a

11:32:12 business type of arrangement.

11:32:14 So those folks may have a small apartment or home in Davis

11:32:23 Island, or it may be Ybor City, or it may be Channelside, or

11:32:29 any other neighborhood within the city, Seminole Heights,

11:32:33 you know, because of the nice bungalows that are there and

11:32:37 historic properties, and that to me is a different type of

11:32:40 arrangement than having the hold house available.

11:32:44 So are all of these people in violation of the state law?

11:32:48 And I want to say that so that they know and are put on

11:32:52 notice, if they weren't aware before, maybe our newspaper

11:32:56 friends can help get the word out that, yes, you may be in

11:33:00 violation of state law.

11:33:01 >> I don't work for the state.

11:33:04 I'm not a state attorney.

11:33:07 I wanted to bring these to your attention.

11:33:09 And I think ultimately what it is -- and I understand

11:33:12 there's a lot of issues with even big events that come in,

11:33:15 when the Super Bowl comes into town and people rent out

11:33:18 their houses for a week at a time or just a few days at a

11:33:20 time, and then they go somewhere else because they don't

11:33:23 want to deal with the traffic and having else that's coming




11:33:25 to town.

11:33:25 I think ultimately, it boils down to what is a policy

11:33:30 decision of City Council, and then whatever that policy wind

11:33:35 up being, we need to look at the underlying codes.

11:33:38 Because what we are dealing with in single-family homes in

11:33:42 residential single-family zoning district is what can you

11:33:47 use that for?

11:33:48 The underlying permit in our code is you use it by

11:33:55 definition, at least seven days of occupancy, but it is some

11:33:58 places not transient.

11:34:01 That's your living unit.

11:34:02 It is not a commercial business, nor should it be.

11:34:05 It a single-family district, place that people live.

11:34:09 Like I said, our definition of just the dwelling unit is the

11:34:12 week or longer.

11:34:14 The exemptions under state law to have this public lodging

11:34:17 establishment license is the 30-day window.

11:34:21 And I think that's where the rub comes for that policy

11:34:25 decision, is embedded in all your single-family district

11:34:28 around the city.

11:34:29 If you want to allow something I highlighted the vacation

11:34:39 rental.

11:34:40 We could talk about that and how to actually make that work.

11:34:43 You want to hear from the public on that, because the vast

11:34:46 majority of the city is single-family.




11:34:49 And zoning pattern.

11:34:50 And that would potentially allow us in a lot of places.

11:34:54 You can come up with, if this is the direction you want to

11:34:57 go for allowing these single-family districts to have their

11:35:01 homes rented out on a regular basis, shorter than that

11:35:06 30-day window, then you may want to come up with a special

11:35:10 use permit for it or some other type of permitting process

11:35:14 so at least it's reviewed.

11:35:15 And then we know that it's actually happening.

11:35:20 I hate to actually add process.

11:35:22 But that's kind of the rub where with it right now.

11:35:25 I think that's what we are hearing from the complaints from

11:35:27 the code enforcement and from the neighborhoods is houses

11:35:30 doing that, short he than the seven days that we actually

11:35:33 have on the books right now.

11:35:35 We are also faced with, and Mr. Mueller is here, too, from

11:35:44 because you see the advertisements on the web, and it's very

11:35:46 difficult for us to go out and, you know, is essentially

11:35:52 take these particular places and watch them 24 hours to see

11:35:55 if cars are coming and going and transport vehicles from the

11:35:58 airport and-on.

11:35:59 We get pictures, we get notices from the neighborhoods that

11:36:04 it's happening, but we actually have to go forward in front

11:36:08 of the magistrate or code barred to actually get these

11:36:11 places, ultimately found in violations.




11:36:16 It's just part of the rub with it.

11:36:18 So I wanted to make sure that you had these definitions, at

11:36:21 least from the state perspective, and that the 30-day window

11:36:25 seems that something that could logically be matched up.

11:36:29 Also, it's a policy decision.

11:36:31 What should be allowed?

11:36:34 >>LISA MONTELIONE: I think there's a material difference

11:36:36 between the complaints that we heard of people renting out

11:36:38 their houses for parties as opposed to, you know, what I see

11:36:43 where you have a nurse at a major hospital who is from an

11:36:53 area of the country where they are a little more

11:36:57 progressive, and allow those types of things where she moved

11:37:02 from before she came here to Tampa to work at this major

11:37:05 hospital, or university student who also, you know, has the

11:37:11 idea that accommodating people from other parts of the

11:37:14 country or other parts of the world would be an experiential

11:37:20 type of environment and welcome people into her home to --

11:37:26 >> Well, you can have up to four unrelated people in your

11:37:29 home.

11:37:29 >> But for rental?

11:37:32 >>CATHERINE COYLE: Yes.

11:37:33 I mean, if you are the owner, that's fine.

11:37:35 >>LISA MONTELIONE: For how long?

11:37:40 >>CATHERINE COYLE: I don't know that it really matters, if

11:37:42 you are living there.




11:37:43 >>LISA MONTELIONE: I want to make sure we don't

11:37:47 criminalize, or these individuals aren't penalized and their

11:37:51 practices.

11:37:55 >>CATHERINE COYLE: Our definition of family is up to four

11:37:57 unrelated people.

11:37:58 So you can have four -- if I rented a room to a friend of

11:38:09 mine that's not related to me, and it is what it is.

11:38:11 >>LISA MONTELIONE: I wanted to make that distinction that

11:38:18 there is a big difference between what some of the things we

11:38:21 see on the Internet and advertised and what we are talking

11:38:26 about renting houses for parties, and then those folks

11:38:32 moving on and trashing the neighborhood.

11:38:37 >>CATHERINE COYLE: What I see some of the houses and some of

11:38:38 the bigger ones in certain areas, maybe a wedding or

11:38:41 something else, but isolated incidents on that particular

11:38:46 piece of property.

11:38:47 That's just saying, hey, they rented it out for this wedding

11:38:50 and it's not a business, but coupled with that they are

11:38:53 renting it out every single weekend, we are seeing people

11:38:56 come in from the airport in travel vans and there's nobody

11:39:00 living there.

11:39:00 So that premises is actually becoming something that's

11:39:05 constantly turned over for either longer stays of two,

11:39:08 three, four days, a week, and also other functions, which

11:39:13 for me, that's the basic rub.




11:39:16 That is a single-family home and a single-family district

11:39:18 being used more like a public lodging establishment, a

11:39:23 business, where it's continually overturned, and that's part

11:39:26 of the policy decision that we need to make here.

11:39:29 >>HARRY COHEN: Mr. Suarez.

11:39:29 >>MIKE SUAREZ: Thank you, chair.

11:39:32 And thank you, chair, primarily for the way you presented

11:39:36 this discussion.

11:39:36 I mean, there are three distinct areas in which we need to

11:39:40 determine.

11:39:42 Ms. Coyle, can you come back up to the podium?

11:39:45 I don't know why you guys always get down from the podium.

11:39:48 If I don't want to talk to you, I'll say get back and sit

11:39:52 down.

11:39:52 >> Sorry.

11:39:54 >>MIKE SUAREZ: That's okay.

11:39:56 You have been doing most of the talking.

11:39:59 Let's interact with you here.

11:40:02 We have bed and breakfasts

11:40:05 Those areas in which people are renting out their

11:40:08 single-family home for lodging.

11:40:09 And then the third thing which is those single-family homes

11:40:12 that are being rented out for parties and other events.

11:40:15 Okay.

11:40:23 This language from the state statute is extremely broad from




11:40:26 those definitions.

11:40:27 I think this and what you presented to us, it goes directly

11:40:29 to what we are talking about with bed and breakfasts.

11:40:33 Let's talk a little about bed and breakfasts first and keep

11:40:37 to the bed and breakfasts, okay?

11:40:39 When we are talking about bed and breakfasts, we can come up

11:40:41 with an ordinance that then makes it more restrictive in

11:40:44 terms of the 30 day.

11:40:45 We can make it less.

11:40:46 We can make it five days.

11:40:48 We can make it six days.

11:40:49 Whatever it may be, correct?

11:40:50 >> In theory.

11:40:56 But what I want to reiterate to you as a body, I think there

11:41:01 was an idea, or a complaint along the way somewhere that we

11:41:04 didn't allow bed and breakfasts in the city which is

11:41:07 actually not true, but a bed and breakfast is in the use

11:41:12 table, just not in the single-family district.

11:41:15 And that's part of the policy decision, will you allow --

11:41:19 >>MIKE SUAREZ: Hang on a minute.

11:41:21 Why don't we go back to my line of questions and then we can

11:41:24 go back to your discussion about what you want to talk

11:41:26 about.

11:41:27 In terms of the state law, I want to get more specific here.

11:41:32 Under state law we can write an ordinance that then talks




11:41:34 about bed and breakfasts in terms of where they are located,

11:41:39 in terms of this time that they have, but also use this

11:41:43 definition in terms of licensing to include that for bed and

11:41:49 breakfasts, correct?

11:41:50 Because it does fit, based on my reading of it, it does fit

11:41:54 within that long definition of what a bed and breakfast is.

11:41:58 >>CATHERINE COYLE: You, City Council, as a legislative body

11:42:02 and as a policy maker, you get to decide where uses are

11:42:07 allowed.

11:42:08 You also get to define them in line with the state law.

11:42:14 But you can define what those really mean for your

11:42:17 community.

11:42:17 Whether or not they have to be licensed by the state is

11:42:20 really a state issue, and whether or not we have enforcement

11:42:23 with them.

11:42:23 >>MIKE SUAREZ: Hang on a second.

11:42:29 The question I am having is this, that we can now regulate,

11:42:33 or we can the ability based on this state statute to

11:42:35 regulate the bed and breakfasts as we see fit, where they

11:42:41 are at and describe what a bed and breakfast is within these

11:42:44 parameters, correct?

11:42:46 >>JULIA MANDELL: There's no preemption here in terms of

11:42:49 that regulation.

11:42:53 The state regulation, the city can regulate --

11:42:56 >>MIKE SUAREZ: Just a minute.




11:42:57 I know it's not a preemption.

11:42:59 It is a standard.

11:42:59 It is a definition as to what we mean by lodging.

11:43:05 Again, my question goes back to, we can regulate and put an

11:43:10 ordinance together which describes what bed and breakfasts

11:43:13 are.

11:43:14 In this definition, because I think we can fit it within

11:43:18 that.

11:43:18 We can make a decision as to where they are allowed, okay?

11:43:21 And we can also use the licensing portion of this, that they

11:43:28 have to be licensed already, under state law.

11:43:31 And we can mention that within our own ordinance, that they

11:43:34 have to be licensed per this state law beings correct?

11:43:37 >>JULIA MANDELL: The only answer I want to give to your

11:43:41 question other than yes is to say I don't know that we know

11:43:44 exactly if bed and breakfasts have a separate licensing

11:43:48 provision of the state or not.

11:43:50 And so the caveat would only be whether or not -- the caveat

11:43:55 saying they do.

11:43:57 So the answer given that --

11:43:58 >> That goes back to what my original question was of Cathy.

11:44:03 You have given us this portion.

11:44:04 There's another statute that regulates specifically to bed

11:44:08 and breakfasts.

11:44:09 Is that what you are saying or no?




11:44:13 >>CATHERINE COYLE: That was my answer in the beginning when

11:44:14 you asked whether or not we can specifically regulate bed

11:44:17 and breakfasts in line with this.

11:44:19 As a separate board.

11:44:20 You have the ability to define these uses, and --

11:44:24 >> I am familiar about what we can and can't do.

11:44:29 >>CATHERINE COYLE: All these regulations do at the state

11:44:31 level is decide whether or not they have to have a license

11:44:33 from the state.

11:44:34 Where we differ, if you look at these four, if you look

11:44:37 specifically at the bed and breakfast definition, where we

11:44:42 truly differ is the number.

11:44:45 It says 15 room.

11:44:47 Ours is 12.

11:44:48 That's where we really differ.

11:44:51 You have to have a license when you are 15 or more,

11:44:53 essentially, under the state law.

11:44:56 If you are 12, 13 or 14, you may have to be in a certain

11:45:00 district in ours, but you may not have to have a license

11:45:03 from the state.

11:45:04 That's kind of the difference.

11:45:05 That's why when we are looking at these definitions, we may

11:45:08 want to bring them in line a little bit more with the

11:45:11 numbers from the state level, from the state regulation.

11:45:15 That's so we don't have two different standard if we want to




11:45:22 tear up enforcement.

11:45:23 But you can choose to where to put them.

11:45:25 You can choose how they are formed and where to put them.

11:45:29 >>MIKE SUAREZ: We understand that.

11:45:30 But the only question I had, and you answered it, I wanted

11:45:33 to make sure that what we can do is within these parameters

11:45:37 that there's nothing that preempts us from state law, and

11:45:44 Ms. Mandell just mentioned that.

11:45:46 We are finished with bed and breakfasts.

11:45:48 Let's take it off our plate and clear our palate on this.

11:45:54 One of the other aspects that Mr. Cohen had mentioned was

11:45:57 about those rentals that are used for parties, and let's

11:46:01 talk about that for a moment.

11:46:03 And based on everything we have heard are single-family

11:46:07 homes.

11:46:10 It sound like it's pretty broad.

11:46:14 There is no definition that I found -- and maybe I am

11:46:17 wrong -- that describes essentially what these uses are in

11:46:20 these neighborhoods.

11:46:21 Meaning it is temporary, it is usually probably not

11:46:25 considered lodging.

11:46:27 I mean, I think --

11:46:29 >> This is truly lodging.

11:46:31 >>MIKE SUAREZ: This has no control over what we can now

11:46:33 look forward to or do as a council to determine an ordinance




11:46:38 dealing with those types of homes where they are reigning it

11:46:43 out, let say, for a night, and making a venue as opposed to

11:46:47 a single-family home for that particular night.

11:46:50 And as you have mentioned, you have got Web sites all over

11:46:53 this place, talking about use this home as a place to have

11:46:58 your wedding and they may use it for eight hours or whatever

11:47:01 the number of hours it is.

11:47:02 I mean, they are not going to lodge as far as I know.

11:47:05 They may sleep there, and we don't know about that.

11:47:08 But that's a separate issue.

11:47:10 And this state statute has absolutely nothing to do with it

11:47:14 for the most part, is that correct?

11:47:16 >> Right.

11:47:16 Our regulations for use purposes kind of already deal with

11:47:20 that, if you have a location that is continually rented out,

11:47:22 really from a commercial perspective for a place of assembly

11:47:26 or that type of potentially a private recreational facility

11:47:30 or general place of assembly.

11:47:32 >>MIKE SUAREZ: It's different from what we are talking

11:47:44 about here.

11:47:45 So the only as part of our current ordinances -- and you

11:47:50 said in the terms of land use -- is there anything else that

11:47:53 we can do to put on the books not only land use but also as

11:47:59 an ordinance that says, no, can't do this, and I won't say

11:48:04 the misdemeanor or anything like that, and not to




11:48:07 criminalize it but that you can't do this primarily because

11:48:12 you are holding yourself out at one thing, in a

11:48:15 single-family home, you cannot be what you are holding

11:48:19 yourself out to be.

11:48:24 It's against land use but could also be against our own land

11:48:27 ordinance.

11:48:27 >> It goes back to the premise of what that zoning

11:48:30 classification allows, and N that range of uses, and whether

11:48:34 or not we can build enough evidence to prove to the

11:48:38 magistrate or board that you are in violation of what you

11:48:42 can be, whether it's industrial.

11:48:45 So I think you have a lot of that already in the code.

11:48:47 It's just the ability of how to actually enforce those

11:48:53 things.

11:48:53 From the lodging perspective.

11:48:55 That's why my recommendation is to line up the as far as

11:48:58 what the definitions for the lodging-type unit, and the fact

11:49:01 that from the licensing standpoint, the state level.

11:49:04 >> Let's not get back to that.

11:49:07 Because we are on the subject.

11:49:09 Remember we already had our sorbet and already cleared our

11:49:13 palate.

11:49:14 Let's not confuse the two issues.

11:49:16 It does get confusing.

11:49:18 >>CATHERINE COYLE: It does get confusing but a lot of these




11:49:20 are operating across the spectrum.

11:49:23 >>MIKE SUAREZ: And that's a whole different animal that we

11:49:25 have to attack at a different time.

11:49:27 Thank you, chair.

11:49:28 >>HARRY COHEN: Mrs. Capin.

11:49:31 >>YVONNE CAPIN: You stated you could have up to four people

11:49:34 in your home for unrelated thing in your home, charge --

11:49:43 >>CATHERINE COYLE: In a home.

11:49:44 As a family unit, occupying a sing is will housekeeping unit

11:49:47 or dwelling unit, you can have up to four unrelated people.

11:49:55 >>YVONNE CAPIN: I have had that experience years ago when I

11:49:57 took my father up to Duke University hospital for analysis.

11:50:04 We were staying in a hotel and they let us know that there

11:50:06 was a home available that offered to people who were with

11:50:12 their relatives in the hospital to stay because it was a

11:50:15 lengthening stay.

11:50:17 And I'm sure the different is these are regulated.

11:50:23 And what we have here, I went on Web sites, and I went and

11:50:28 looked, and we have Bon Air -- and these places are being

11:50:35 rented on a regular basis, rooms.

11:50:40 $69.

11:50:41 $225 a night.

11:50:44 These are homes in residential areas.

11:50:46 I am not against bed and breakfasts in residential.

11:50:50 There's residential areas that lend themselves beautifully




11:50:52 to bed and breakfasts.

11:50:54 I think that we of course have to regulate them.

11:50:57 This is another one.

11:50:59 And these are in South Tampa, Seminole Heights, so they are

11:51:03 all over.

11:51:04 And rooming houses, what in street lingo called slot houses,

11:51:16 and want to make sure that when bed and breakfasts come into

11:51:20 residential, I know that Ybor has a broader bed and

11:51:26 breakfast already in place, from what I could see.

11:51:33 But here is one that has different prices.

11:51:40 $20.

11:51:40 And then there's one the wedding that you talked about for

11:51:43 the day.

11:51:44 And it's not confusing.

11:51:47 It's all of the above.

11:51:51 Renting their homes for weddings.

11:51:54 Again, the problem with this is that they are not regulated.

11:51:58 They are just out there.

11:51:59 And this is what we are working on.

11:52:01 This is what we need to have, is to be able to say yes, you

11:52:06 can, and this is how you can do it.

11:52:09 And I think that's all the discussion is leading up to that.

11:52:15 When I looked at -- you know, I am a member of the economic

11:52:20 impact of cultural assets.

11:52:22 We talked about looking at bed and breakfasts.




11:52:25 We have not followed up on that since City Council decided

11:52:27 to take it on as a workshop.

11:52:30 We just decided that to go forward with what my colleagues

11:52:39 and myself decide to move forward with.

11:52:42 At that time, it was stated, Tampa is not a small city.

11:52:45 It's not a St. Augustine.

11:52:48 It's not one of these Mount Dora.

11:52:55 It is a large city.

11:52:56 So therefore when I traveled to Baltimore with the Chamber

11:52:59 of Commerce benchmark trip, I did talk and visit.

11:53:05 Baltimore has hundreds of bed and breakfasts.

11:53:09 And it is a very big city.

11:53:12 Therefore, it is not impossible to do in our city -- and I

11:53:17 would like to see us move forward with that.

11:53:20 And as the young woman that came before us that lives in

11:53:24 that, I think she said 9th Avenue, she would very much

11:53:30 be in favor of bed and breakfasts.

11:53:33 But again with those stipulations of exactly what it is, and

11:53:36 that you do serve breakfast.

11:53:40 I thought that was a good one. Anyway, I wanted to state

11:53:43 that I wanted to move forward with this and not be, again, a

11:53:48 city open to visitors' comfort.

11:53:52 People want to experience the neighborhood as opposed to a

11:53:56 hotel.

11:54:00 And I'm sorry.




11:54:10 And just to reiterate for council's purposes.

11:54:14 >> On the bed and breakfast issue, the policy decision, as

11:54:18 the policymakers, I mentioned they are regulated, permitted

11:54:21 in the multifamily district and higher, and they do, 12

11:54:27 rooms, 15 and licensing requirements, but that's really

11:54:30 irrelevant.

11:54:31 You are required to have the owner or the resident manager,

11:54:34 and they provide meals, and so on.

11:54:36 So that's a little different than a rooming house where you

11:54:39 have independent people coming and going, and they share a

11:54:42 kitchen.

11:54:42 The bed and breakfast even under our regulations is to have

11:54:46 somebody there running that establishment and providing

11:54:48 those meals.

11:54:49 So that is covered.

11:54:50 I think ultimately what you need to decide then is you want

11:54:55 to broaden where they are allowed.

11:54:56 Because right now they are allowed in the city, not just a

11:55:00 single-family, and on the flip side single-family is the

11:55:03 latest district.

11:55:05 There's a large proportion of land in the city.

11:55:08 So you don't have to say necessarily as a policy maker you

11:55:11 want to allow it in all residential single-family district.

11:55:14 Could you restrict it to certain geographies, if there's

11:55:17 certain cultural areas of the city or certain neighborhoods,




11:55:20 you can you have a lot of different options of how to lay

11:55:26 that out.

11:55:26 But I think at this point, at least from what I am hearing,

11:55:29 is the discussions for bed and breakfast going down and

11:55:33 maybe opening up some single-family districts, or some areas

11:55:35 of the city regardless of district, to allow what you

11:55:40 already allow in other places.

11:55:50 >>YVONNE CAPIN: I want to get back to I think there is a

11:55:52 need for inexpensive homes or shelter, if you will.

11:55:56 You know, back in the day, I'm sure -- as a matter of fact,

11:55:59 they were here -- down in Ybor at the -- it will come to me,

11:56:04 the name of the building -- they were called PENCIONS and

11:56:12 they served breakfast, two meals a day, and roof over your

11:56:16 head and a bed at night.

11:56:18 I think that it is important to have here in our city.

11:56:23 But I do believe that we have to be -- not a little, a lot

11:56:32 more stricter how they are divided, and I believe you

11:56:36 brought that forth before on the amount of square footage

11:56:40 and all that.

11:56:43 >>CATHERINE COYLE: The rooming houses.

11:56:47 As far as the pencions where they provided some meals, was

11:56:51 that kind of in an emergency situation?

11:56:55 >>YVONNE CAPIN: No, ongoing, workers.

11:56:58 >>CATHERINE COYLE: So they are a sole resident at least for

11:57:01 the time being.




11:57:03 >>YVONNE CAPIN: The building across the street from the Ybor

11:57:05 cigar factory, I can't think of the name now.

11:57:09 That was a PENCIONS.

11:57:12 Across the street from Ybor Square.

11:57:14 Actually houses the radiant oil company is in there.

11:57:20 >>CATHERINE COYLE: Because a rooming house can provide

11:57:22 for -- for food.

11:57:26 It just not required to. Whereas a bed and breakfast is

11:57:29 required to.

11:57:29 You could have a rooming house where you got independent

11:57:31 living, if they are sole residents for however long it is.

11:57:36 And you can provide meals if you want to.

11:57:43 >>YVONNE CAPIN: It was a New Orleans type restaurant there

11:57:45 years ago.

11:57:46 But before that, that's what it was.

11:57:48 >>HARRY COHEN: Thank you.

11:57:50 Before we go to public comment, which is next, I would like

11:57:52 to have a motion to extend for 30 minutes.

11:57:54 >>LISA MONTELIONE: Motion to extend.

11:58:01 >>HARRY COHEN: Seconded by Councilman Suarez.

11:58:03 All in favor?

11:58:04 Thank you.

11:58:04 We are now going to hear from the public.

11:58:06 We have three minutes for each person that wishes to speak

11:58:10 on any of the topics covered in this workshop.




11:58:20 NANETTO O'Hara, west crest Avenue in south Seminole Heights.

11:58:26 Thank you for timing this so I could be here for all of this

11:58:28 today.

11:58:29 I have two properties on my street that are being rented

11:58:34 through a Web site called air B around B.

11:58:38 One is next door to me.

11:58:40 The other is an entire house rental.

11:58:42 The other at the end of the street renting six rooms a

11:58:45 night.

11:58:46 They are not doing this because they simply want to interact

11:58:50 with other people from other areas.

11:58:52 They are doing it for money.

11:58:54 The one is pulling in 5 or $600 a night and being rented

11:58:58 constantly.

11:58:58 These are not bed and breakfasts.

11:59:00 I love bed and breakfasts.

11:59:02 I have no problem with bed and breath breakfasts and I

11:59:05 support your motion, Councilwoman Capin, to pursue that, and

11:59:09 yours, Mr. Suarez.

11:59:10 These are glorified motel rooms, cheaper than hotel or motel

11:59:14 rooms, so they are attracting a lot of young people who are

11:59:17 here to have fun.

11:59:19 There is no sign advertising B and B.

11:59:24 There's no breakfast.

11:59:26 The house next door to me is totally unoccupied.




11:59:29 The owner moved out of state.

11:59:31 There's no one there to monitor what is happening with these

11:59:35 nightly rentals.

11:59:36 They just come and go.

11:59:37 And we are paying the price for it.

11:59:39 Last weekend, it was -- and this is two to three groups a

11:59:43 week coming in.

11:59:44 Last weekend, it was a group of young lawyers.

11:59:47 We thought they were college students, they looked so young.

11:59:49 They were young lawyers from New York, enjoying spring

11:59:53 training day.

11:59:54 They really enjoyed spring training.

11:59:55 They really had a great party.

11:59:58 And my husband had to get up and go over there twice in one

12:00:01 night and text the property owner, our former neighbor,

12:00:07 three times about the noise and the lights.

12:00:10 This is happening over and over again.

12:00:11 Some of the people some are quiet, some are not.

12:00:15 From way heard today about the noise ordinance, we are

12:00:17 joining a lot of people in the city who are sleep derived --

12:00:23 deprived.

12:00:24 We want to know our neighbors.

12:00:25 I lived in Seminole Heights 19 years.

12:00:28 You are going to have to take me out feet first from my

12:00:31 house.




12:00:32 I love it.

12:00:32 But I want to know what's coming and going next to me.

12:00:35 Seminole Heights, small homes, small lots.

12:00:38 We learned to be considerate with each other about out door

12:00:41 noise and outdoor lights because we live close to cancer and

12:00:44 we like it that way.

12:00:45 But we want to know who is next door to us.

12:00:48 We see transient tours coming and going and they don't have

12:00:51 the same consideration.

12:00:52 So thank you very much for addressing the situation.

12:00:58 >>CHARLIE MIRANDA: Thank you.

12:00:58 Anyone else?

12:00:59 >> Nancy Turner, 205 Lango, and I think that there's a state

12:01:09 statute that has not been brought up, that if you claim

12:01:12 homestead exemption and you rent your house out, which is

12:01:16 what happened in our neighborhood, then you lose that

12:01:18 homestead exemption.

12:01:20 Is that true?

12:01:21 Have you seen it?

12:01:24 I have got it but I didn't bring it about W me.

12:01:26 >>CATHERINE COYLE: I didn't bring it with me but that's one

12:01:29 thing that I spoke with Ernie about.

12:01:31 If we start to investigate a location that has homestead

12:01:35 exemption and reviewing this type of thing, we would

12:01:38 obviously get with the tax assessor to make that call




12:01:43 because it is a fraud at that point.

12:01:45 And I read through the applications and the requirements and

12:01:50 it is that you are home, it's not actually ours to deal

12:01:53 with.

12:01:53 But that is something we would pursue obviously if we found

12:01:56 they had homestead exemption and they were doing this.

12:01:59 >> But there's one statute that you turn yourself in, it's

12:02:04 basically a change of use.

12:02:06 One particular couple was renting their house out for

12:02:09 three-night minimum and they would up and leave and then

12:02:12 people would come in.

12:02:13 Their house was 1.6 million, 4 to 6 million, so their

12:02:22 property taxes would go up close to 100,000 with no 3%

12:02:27 limit.

12:02:27 I think that's a way of controlling a lot of it.

12:02:31 Especially in a single-family neighborhood.

12:02:36 And we are just concerned about people that we don't know

12:02:38 coming into the neighborhood, you know, they are blocking

12:02:41 the streets, they are blocking that, you know, someone else

12:02:50 mentioned he that when you are in a neighborhood, you are

12:02:53 investigation Atlanta about who you have, and you are nice

12:02:57 to your neighbors, and try to not offend them.

12:03:00 But, you know, when the there are parties going than on, if

12:03:03 you are going to pay a lot of money for a house, why not

12:03:06 have a party, when you are renting?




12:03:08 But I just don't think that this is good in a single-family

12:03:10 neighborhood.

12:03:11 And I'm not saying that, you know, it has to be considered a

12:03:14 good neighborhood, a good neighborhood is not the type of a

12:03:17 house, it's the people that are there and the consideration

12:03:21 that they give to their neighbors.

12:03:23 And I think this is really important for the City of Tampa,

12:03:26 because you can't have realtors come and sell houses, Bob

12:03:30 Buckhorn saying what a great neighborhood we have, and all

12:03:33 of us, every one of you sitting up here is subject to having

12:03:37 somebody put basically a hotel next door to you, unless we

12:03:41 do something.

12:03:42 And thank you for doing that.

12:03:44 >>CHARLIE MIRANDA: Mrs. Capin?

12:03:50 >>YVONNE CAPIN: (off microphone).

12:03:52 >>CHARLIE MIRANDA: I'm sorry, I didn't know there were

12:03:53 others to speak.

12:03:53 >> Ann Turner, 220 Blanca Avenue.

12:03:57 Thank you for considering this matter.

12:03:59 A lot of my opinions have already been expressed by other

12:04:02 people.

12:04:03 I have no issue with a regulated bed and breakfast.

12:04:07 I personally have enjoyed staying at bed and breakfasts in

12:04:12 places like Atlanta.

12:04:13 They operate under a business name.




12:04:15 They are regulated.

12:04:16 It's not just a house you find on B&B or someplace where the

12:04:22 owners are just like, hey, come here.

12:04:24 As far as Tampa being maybe not as progressive as other

12:04:28 cities in relation to this, I read a very interesting

12:04:32 article in the New York Times a month or two ago concerning

12:04:36 the same issue in New York City with people advertising, and

12:04:46 it stated in these articles that these Web sites make it

12:04:49 appear that this is all legal, when in fact it may not be.

12:04:55 The city of New York does not allow this.

12:04:58 And it pointed out an incident where a young man with his

12:05:05 roommate's blessings went to Colorado for the weekend and

12:05:08 had someone rent his bedroom, and he came back and was faced

12:05:12 with tens of thousands of dollars in fines.

12:05:16 So be careful with the function of the Internet.

12:05:20 My main concern is the homeowners renting their homes out

12:05:25 for a short period of time in the neighborhood.

12:05:29 I love my neighborhood.

12:05:31 I love being there knowing my neighbors.

12:05:34 I am uncomfortable with people I do not know coming into my

12:05:37 neighborhood next door that could be on a weekly basis.

12:05:44 There needs to be regulation about this.

12:05:47 It really should not be allowed in a single-family

12:05:52 neighborhood in my opinion.

12:05:53 But if you choose as City Council to allow this, then you do




12:05:58 need to follow state statute and take away homestead

12:06:01 exemption.

12:06:02 I think most of these individuals that are making these

12:06:06 decisions are doing it without full knowledge of the law, so

12:06:10 I think if you just get the word out, these are the

12:06:12 consequences you face if you do this.

12:06:16 But most of all, I just wish you to consider the lifestyle

12:06:22 that we have in Tampa.

12:06:24 We love our neighborhood.

12:06:27 Thank you.

12:06:30 >>CHARLIE MIRANDA: Thank you.

12:06:31 Mrs. Capin and Mrs. Mulhern.

12:06:32 Anyone else in the audience that has not spoken yet on the

12:06:34 subject matter?

12:06:36 I have Mrs. Capin, Mrs. Mulhern.

12:06:39 And Mr. Cohen, I'm sorry, you asked me first and I forgot.

12:06:43 >>HARRY COHEN: I really wanted to try to wrap up the

12:06:45 discussion by getting us to bring something back to consider

12:06:49 all these issues.

12:06:50 So perhaps I ought to wait for the other two council members

12:06:52 to speak and then we can do that.

12:06:57 >>CHARLIE MIRANDA: Mrs. Capin, Mrs. Mulhern, and Mrs.

12:06:59 Montelione.

12:07:02 >>YVONNE CAPIN: I appreciate all the feedback from the

12:07:04 public.




12:07:05 Very, very important.

12:07:07 I would also like to state that I'm open to bed and

12:07:11 breakfasts being in a wider range of neighborhoods.

12:07:16 But I would also like to say that we, as the economic impact

12:07:22 of cultural assets committee, did contact the Florida --

12:07:29 State of Florida bed and breakfast association and it

12:07:37 reminded me that along with that there should be that

12:07:40 certification that comes with the State of Florida

12:07:42 association of bed and breakfasts should we move forward.

12:07:45 So I would like to know more about that and bring that along

12:07:48 with whatever motions we bring forth.

12:07:52 Thank you very much.

12:07:52 >> Thank you, Mrs. Capin.

12:07:57 Mrs. Mulhern and Mrs. Montelione.

12:08:01 >>MARY MULHERN: Just a couple things I wanted to say to

12:08:05 people in the audience that have been e-mailing us about

12:08:08 this.

12:08:10 That code enforcement is looking into these things.

12:08:12 And it sound like a lot of the things we heard about from

12:08:14 you here today are already illegal.

12:08:17 So I think anytime you see something happening, call code

12:08:22 enforcement, because we can get them out there.

12:08:25 And you probably are already doing that.

12:08:31 Come back up to the microphone.

12:08:35 >> It just takes too long for them to kind of pass it along,




12:08:38 and people are there for just three nights.

12:08:41 And then they are gone.

12:08:43 In, I think that's another thing you are going to have to

12:08:48 address is how you oversee this problem.

12:08:52 I mean, I'm not going to turn my neighbors in, you know, and

12:08:55 have them lose their homestead exemption.

12:08:58 They really should come themselves that there's a regulation

12:09:03 there under the tax appraiser's office that they should have

12:09:05 turned themselves in.

12:09:06 I am not going to do that.

12:09:08 That's bad MoJo.

12:09:10 [ Laughter ]

12:09:11 >>MARY MULHERN: I know.

12:09:11 You are trying to -- all trying to be good neighbors.

12:09:15 Except for people that are blasting the music and having the

12:09:18 parties next door.

12:09:19 So that was on our agenda today, too.

12:09:24 Did that could get continued?

12:09:25 We were going to be talking about code enforcement.

12:09:27 >> That's continued.

12:09:29 >>MARY MULHERN: But this is part of our problem in this

12:09:32 case and so many other things.

12:09:33 And a lot of this is because the housing crash and the fact

12:09:37 that so many people cannot afford to live in their homes,

12:09:42 they are renting them out, and all of this has happened, as




12:09:46 an economic thing that happened, and it's all over the city

12:09:49 happening.

12:09:50 So I think what we are finding out, and as we talk about

12:09:54 this upcoming budget, all of this needs to be enforced.

12:10:04 So I am sure we are going to do everything we can as far as

12:10:08 ordinances and trying to define what you can do and limit,

12:10:10 you know, as Ms. Coyle, she gave us some really great

12:10:16 proposals to work with.

12:10:17 Limit it to or increase the limit to 30 days for renting.

12:10:22 But, you know, I just want to make sure that people realize

12:10:26 that if you do contact, you know, contact City Council,

12:10:30 contact code enforcement, and I have heard from constituents

12:10:34 that there's a house in my neighborhood, and I don't know

12:10:41 about it.

12:10:42 I mean, the only people that are going to know about it are

12:10:44 the next door neighbors.

12:10:45 So if you can, you know, contact somehow anonymously, thank

12:10:52 you for being brave enough to come and speak in public about

12:10:56 it, too, but I think just let us know, and we'll do whatever

12:11:01 we can within the statutes that we have now.

12:11:05 And I don't know about calling -- if you can call the

12:11:08 property appraiser, and if they would look into it.

12:11:13 But call the property appraiser if somebody is doing that

12:11:17 and you think they are claiming a head stead exemption.

12:11:20 >>LISA MONTELIONE: Yes, you can, Mrs. Mulhern, you can call




12:11:27 the property appraiser and they will go out and identify

12:11:30 whether or not the house is being used as a single-family

12:11:32 residence that has a homestead exemption and then bring that

12:11:36 case forward.

12:11:39 A couple of things.

12:11:41 I do have, as you all heard me say before, some reservation

12:11:46 about regulating those folks who are, you know, letting out

12:11:52 one room in their house, and doing it just as an

12:11:59 experiential type thing.

12:12:00 I think there's a big differentiation to make as to whether

12:12:04 or not the place is being rented on a regular basis when the

12:12:08 owners are not present as opposed to when the owners are

12:12:11 present, and they are just inviting someone into their homes

12:12:17 to stay for free are as couch surfing, or for payment.

12:12:24 So that to me is a big distinction, is whether or not the

12:12:27 owners are present in the house when the renter or couch

12:12:33 surfer is there.

12:12:35 And we already have Do have the regulations for bed and

12:12:41 breakfasts on the book.

12:12:42 I think what I would be looking at, as Mrs. Coil pointed

12:12:46 out, is maybe changing where a bed and breakfast can be

12:12:49 located, because restricting them to multifamily

12:12:53 locations -- and many will say, you stayed in places in

12:12:58 Savannah, you have stayed in other places, St. Augustine was

12:13:02 named.




12:13:03 Generally, those are in the more scenic parts of town.

12:13:07 And for us -- and the mayor talks about this all the time,

12:13:09 the more scenic parts of town are generally along the river,

12:13:13 or, you know, in the downtown area for cultural reasons in

12:13:18 Ybor, those types of locations.

12:13:21 So if we want to open up our river, and have the ability to

12:13:27 have a bed and breakfast in the most scenic areas of our

12:13:30 city, and some of the ones that are advertised as bed and

12:13:33 breakfast but don't hold the licensing, are along the river.

12:13:37 And I do think our regulations need to be tightened up.

12:13:45 We have a lot of Land Development Code regulations on the

12:13:48 books that have not been touched in many, many years, or

12:13:51 have been changed in a Band-Aid, rubber band type chewing

12:13:57 gum method.

12:13:58 So we do need to clean those up.

12:14:00 And she's going through right now with the work of the

12:14:05 economic competitiveness committee, and the regulations of

12:14:08 changes in Land Development Code in Seminole Heights, and

12:14:11 just have the area wide rezoning.

12:14:13 So we are in a process of cleaning up our regulations, and

12:14:17 we do have a workshop already on the schedule for land use

12:14:25 discussion, and maybe at that time would be an appropriate

12:14:27 time to talk about some of the other land use regulations

12:14:30 that we have including businesses to clean them up.

12:14:36 But I really do make that distinction about whether or not




12:14:38 the owner is present in the house when it's being rented,

12:14:41 and when it's being rented as a regular ongoing business for

12:14:46 weddings, because I think that's also another type of

12:14:49 commercial enterprise such as weddings and other parties

12:14:55 that doesn't fall into either category, as Mr. Suarez

12:14:57 pointed out.

12:14:58 So I think we do have a multi-faceted issue here, and I

12:15:03 don't know that I am ready to support any revision right now

12:15:08 until I get to meet with Ms. Coyle personally and sit down

12:15:13 and look at the Land Development Code, and look at the other

12:15:16 regulations that wave on the books, and really refine those

12:15:19 and not make a decision without having had that luxury.

12:15:25 So thank you.

12:15:28 >> Thank you, Mr. Cohen.

12:15:29 >>HARRY COHEN: Just to wrap this up, what I would like to

12:15:32 do is set a date and time certain for us to return to this

12:15:36 discussion and also ask and ask for April 18th at 10

12:15:47 a.m.

12:15:48 Specifically, to address the issue of the rentals for

12:15:55 parties and special events, and one-time events of

12:16:00 residential homes in residential neighborhoods, just to deal

12:16:04 with that very discrete issue.

12:16:07 And then also at that time to open up the discussion so that

12:16:12 the other council members have a chance to meet with you and

12:16:14 talk to you about the larger issue of the bed and breakfast,




12:16:18 and also the issue of the 30-day versus 7-day minimum for a

12:16:25 rental.

12:16:30 >>CHARLIE MIRANDA: I have a motion but I have discussion.

12:16:32 And I have Mrs. Capin and Mrs. Mulhern, in that order.

12:16:35 >> Go ahead.

12:16:43 >>MARY MULHERN: I was just going to say that I think it is

12:16:45 complicated and you do need to define the discussion but I

12:16:49 think when you talk about party houses you also have to talk

12:16:52 about the fact that they are renting them out for a period

12:16:54 of time, because it's not just a party.

12:16:58 >>HARRY COHEN: Yes, absolutely.

12:16:59 Absolutely.

12:17:00 >>CATHERINE COYLE: If I could ask a clarification question.

12:17:03 As far as the party houses, the places that are being used

12:17:06 more like places of assembly, or some type of party place,

12:17:13 our rule pretty much already allows that as it is.

12:17:16 So I guess I am looking for a little direction on what

12:17:18 exactly it is that you want me to bring back.

12:17:21 Is it specifically saying that in the code that it's not

12:17:24 allowed?

12:17:24 Because it is a single-family district and a single-family

12:17:29 residence, you are not allowed to operate it as a business

12:17:31 in that manner.

12:17:33 So -- again just those complaints that come into the code

12:17:37 enforcement process and being able to prove that there's a




12:17:40 violation.

12:17:40 That's already the normal course.

12:17:43 I guess I am looking for are you wanting me to amend the

12:17:45 code in some way?

12:17:49 >>HARRY COHEN: I think what I am asking you to bring back

12:17:51 is what options we have to lighten up the regulations that

12:17:54 are already on the books.

12:17:55 And if there's anything more we can do to provide for

12:18:00 tougher enforcement when there are violations of ordinances

12:18:04 that may already be out there, but that the neighbors are

12:18:07 having difficulty enforcing themselves, because no one

12:18:13 available to assist them when these incidents occur.

12:18:18 >> Because we do get the complaints to code enforcement.

12:18:21 And we do go out and investigate them and try to build a

12:18:24 case for them.

12:18:24 On the flip side if people don't call in we don't

12:18:28 necessarily know about them because we don't cull the

12:18:31 Internet.

12:18:32 But I would like to --

12:18:34 >>HARRY COHEN: We can meet in between now and then and

12:18:36 discuss some different ideas.

12:18:38 But I think that it's incumbent upon us to do everything we

12:18:42 can do to give everyone the tools to deal with the problem.

12:18:45 >> Okay.

12:18:47 April 18th.




12:18:48 Thank you.

12:18:48 >> An article from the New York Times, my aide looked it up

12:18:58 and it's about the air B and B, warning travelers on the New

12:19:07 York Times that someone mentioned.

12:19:09 Also, we are looking at party houses but we are not looking

12:19:12 at people that rent individual rooms.

12:19:13 And what we are looking at is when they rent individual

12:19:16 rooms, I would venture to say 90, 99% do not pay sales tax.

12:19:24 And when you rent, you have to pay sales tax.

12:19:31 So state law, local, municipal law, that should not allow

12:19:40 this without them complying, if they have to have a permit,

12:19:44 they have to pay a sales tax.

12:19:46 Therefore, you know who is renting the room.

12:19:50 In their private homes.

12:19:51 Davis Islands, Seminole Heights, wherever it may be.

12:19:56 I think that we need to expand that.

12:19:59 Whether they live in the house or they don't, they have to

12:20:02 pay sales tax if they rent.

12:20:05 Thank you.

12:20:08 >>CHARLIE MIRANDA: Thank you.

12:20:09 I think Mr. Cohen had a motion.

12:20:11 I have a motion by Mr. Reddick on what he asked for, to meet

12:20:15 with Mrs. Coyle.

12:20:16 So I will vote on that motion.

12:20:18 Clerk, do you have that motion in order?




12:20:22 I thought you didn't have.

12:20:23 I can see by your eyes.

12:20:25 Mr. Cohen, would you kindly --

12:20:27 >>HARRY COHEN: The motion is to have Mrs. Coyle come back

12:20:30 to us on April 18th under staff reports at 10:00.

12:20:34 After having discussions with council members to discuss

12:20:38 what we can do to strengthen our existing ordinances, and

12:20:44 provide for better enforcement of our existing ordinances,

12:20:48 and also to suggest any new ordinances that we might

12:20:53 entertain passing to deal with the problems of short-term

12:20:59 rentals of residential properties for various commercial

12:21:02 purposes.

12:21:04 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

12:21:06 I have a second, if I recall, by Mr. Reddick.

12:21:08 Am I correct, sir?

12:21:10 All in favor of that motion indicate by saying aye.

12:21:12 Nay?

12:21:13 Motion passes unanimously.

12:21:14 >>LISA MONTELIONE: I would like to motion, because that

12:21:19 only addresses the one issue, and as Mrs. Mulhern pointed

12:21:23 out and Mr. Suarez pointed out, we need to separate these

12:21:26 into less complicated segments.

12:21:28 So I would motion to add the discussion of the timing again

12:21:37 and discussion of the regulations in our land use codes

12:21:43 pertaining to bed and breakfasts, the location of what we




12:21:48 currently have on the books for bed and breakfasts, and for

12:21:53 addressing those, the situation of people renting their

12:21:59 premises out, about they are home or whether they are not at

12:22:06 home, as part of the land use discussion that we already

12:22:09 have scheduled on May 23rd at 9:00 a.m.

12:22:18 >>CATHERINE COYLE: Could I ask one clarifying question?

12:22:20 Because I wrote myself a note.

12:22:21 Owner occupied residences that rent rooms versus the

12:22:26 absentee landlords that own the house and rent rooms, and

12:22:31 then what I want to make clear is what you were

12:22:34 distinguishing is, I may be an owner of an occupied unit but

12:22:38 may not be there when the tenant is there.

12:22:40 Is that the issue?

12:22:41 I may have a homestead exemption and own and occupy that

12:22:45 residents, but when they come in I leave.

12:22:48 >>LISA MONTELIONE: Right.

12:22:50 I think that's what brought up by some of the speakers

12:22:53 today, was that if you are intentionally leaving when your

12:22:59 renters come, and you are renting your entire house, then

12:23:04 that is what I want to look at.

12:23:07 And isolate that circumstance from others that we have on

12:23:13 the books.

12:23:18 >>CATHERINE COYLE: Yes.

12:23:19 Three scenarios.

12:23:20 One is owner occupied but you are leaving.




12:23:22 >>LISA MONTELIONE: And ultimately the whole house.

12:23:27 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

12:23:29 I have a second by Ms. Mulhern on a close vote with Mr.

12:23:33 Suarez.

12:23:34 All in fair of the motion indicate by saying aye.

12:23:36 Opposed nay.

12:23:37 Motion passes unanimously.

12:23:39 Thank you all very much for participating.

12:23:41 Item number 7.

12:23:44 I believe item 8 as discussed earlier -- pardon me?

12:23:54 >>LISA MONTELIONE: We haven't discussed when the item will

12:23:56 be coming back.

12:23:58 >>CHARLIE MIRANDA: Item 8, I have discussed it with Cathy

12:24:01 Coyle and Mr. Ernie Mueller and jack Slater this past week

12:24:05 at length, and they were looking at 90 days.

12:24:08 Am I correct?

12:24:08 And when you look at that calendar, next will be the end of

12:24:12 June, and then we go -- that calendar is really, really

12:24:17 stacked up because it's the last meeting before we have the

12:24:20 break.

12:24:20 So I would suggest the first week in August, if possible.

12:24:27 >>CATHERINE COYLE: That's fine with us.

12:24:28 >> June is filled up.

12:24:35 >>CHARLIE MIRANDA: August 22nd is the suggestion by Mr.

12:24:36 Cohen.




12:24:37 Is that acceptable?

12:24:39 >>CATHERINE COYLE: That's a workshop day?

12:24:41 >> That's a regular session.

12:24:43 >>CATHERINE COYLE: Did you want a workshop?

12:24:47 >>CHARLIE MIRANDA: 29th of August.

12:24:48 Motion by Mr. Cohen.

12:24:49 Seconded by Mr. Reddick on item number 8.

12:24:53 All in favor of the motion, 10:00 in the morning.

12:24:58 All in favor of the motion indicate by saying aye.

12:25:01 Opposed nay.

12:25:01 The ayes have it unanimously.

12:25:03 Item number 9.

12:25:05 It's requested for it to be changed to April 25th.

12:25:08 Am I right?

12:25:10 >>LISA MONTELIONE: Since this was written last night, that

12:25:16 item, which was to have Dennis Rogero and Jake Slater come

12:25:23 to speak on the activities of the neighborhood relations

12:25:26 division in Sulphur Springs, to be May 2nd.

12:25:32 >>CHARLIE MIRANDA: May 2nd is the date suggested on item

12:25:35 number 9 made by Mrs. Montelione.

12:25:38 Seconded by Mr. Reddick.

12:25:39 All in favor of that motion?

12:25:42 10:00 in the morning.

12:25:43 Just like it is today.

12:25:45 We go to item number 10.




12:25:46 >>CATHERINE COYLE: Planning and development.

12:25:49 Item 10 is actually -- will be very, very brief.

12:25:53 For the January cycle there was two privately initiated

12:25:55 amendments.

12:25:56 And the amendments are very, very minimal.

12:26:01 The first one was from MacDonald Training Center properties.

12:26:04 And what they are specifically asking for only was the

12:26:08 M.A.P. zoning district, to define adult daycare and allow it

12:26:13 as a permitted use.

12:26:17 Adult daycare is actually a licensed use much like regular

12:26:21 daycare, specifically for adults, disabled adult children.

12:26:28 That kind of scenario where people can bring it with them

12:26:31 and we did get comments from the Aviation Authority that had

12:26:36 no objection to that being added to the code.

12:26:39 I did discuss both of these amendments with the T.H.A.N.

12:26:43 zoning committee last month when we were going through the

12:26:46 other potential changes, and I spoke with Mr. Steve LaBour

12:26:49 yesterday on the phone as a reminder, and there were no

12:26:52 issues raised for either one of these.

12:26:54 The second amendment came from Monica Barner -- and I think

12:27:00 both the applicants are here as well.

12:27:01 As far as the temporary alcohol permit, the current rule is

12:27:06 cease sales and close operations at midnight year round.

12:27:11 The amendment that they are asking for is that it's actually

12:27:14 2 a.m., one day a year, because they go to toast New Years




12:27:22 and then they can't. (Laughter)

12:27:24 So only on that day, they would be asking to extend that to

12:27:29 2 a.m. simply to accommodate those New Year's parties.

12:27:32 We didn't have any objection from staff and I didn't hear

12:27:35 any from the public based on our discussions either.

12:27:37 The normal course for these since they are privately

12:27:39 initiated amendments, you are basically obligated to

12:27:43 transmit them to the Planning Commission.

12:27:46 And then we would be looking to come back in May for the

12:27:48 public hearing.

12:27:49 >>CHARLIE MIRANDA: Thank you.

12:27:49 Anyone in the public?

12:27:50 These are public hearings.

12:27:52 Comments.

12:27:52 Anyone in the public care to comment on item number 10?

12:27:55 Please come forward.

12:27:55 >> Peter Kelly.

12:28:00 I'm hear for the applicant.

12:28:03 Are you ready to hear our comments?

12:28:05 >>CHARLIE MIRANDA: I'm ready to hear it.

12:28:06 >> Okay.

12:28:07 This was submitted on behalf of MacDonald Training Center

12:28:10 property.

12:28:11 You all are familiar with MacDonald Training Center, our

12:28:14 site on Cypress, functioning for about a dozen years.




12:28:19 The summary, to add to the summary that the council

12:28:22 provided, it is a new definition.

12:28:24 It's not in your code already that specifically identified a

12:28:28 function and a need that MacDonald sees in this community

12:28:31 and is requesting this change, so they can deliver this

12:28:34 service in addition to the other services, provide that

12:28:36 location.

12:28:44 He could offer other comments on the services that are

12:28:48 provided.

12:28:48 >> Good afternoon.

12:28:50 I'm Jim Freyvogel, president and CEO, MacDonald Training

12:28:54 Center.

12:28:55 We are looking to expand the scope of our services for 59

12:29:00 years we have been providing training in residential

12:29:02 services for people with developmental disabilities and now

12:29:04 we are looking to expand out that into long-term managed

12:29:08 care and serving seniors also.

12:29:10 And that was brought into this as we are looking to be

12:29:13 certified and credentialed to provide adult daycare at our

12:29:17 location on West Cypress street.

12:29:21 >> Thank you very much.

12:29:21 You have been an asset to the community for many years, and

12:29:24 we appreciate everything MacDonald Training Center has done.

12:29:27 Anyone else in the public care to speak on this item, item

12:29:30 number 10?




12:29:36 Last shot to be on TV.

12:29:37 >> Monica Bonner.

12:29:44 Kathryn pretty much explained the reason why we are looking

12:29:47 for this.

12:29:50 For January 1st.

12:29:54 >>CHARLIE MIRANDA: Both of them are now taken care of.

12:29:55 Thank you.

12:29:56 Anything else?

12:29:58 >>YVONNE CAPIN: I am going to ask her a location.

12:30:00 Where is the location?

12:30:01 >> Hyde Park Village on a rooftop.

12:30:04 >> Thank you.

12:30:05 >>LISA MONTELIONE: I would like to move Ms. Coyle's text

12:30:10 amendment to transmit to the Planning Commission.

12:30:11 >> Second.

12:30:12 >> Motion by Mrs. Montelione to the Planning Commission,

12:30:17 seconded by Mr. Suarez.

12:30:18 All in favor of the motion?

12:30:19 All in favor indicate by saying aye.

12:30:21 Motion passes unanimously.

12:30:24 Thank you very much.

12:30:26 We go to information and new business from council members.

12:30:29 Left to right.

12:30:30 Mrs. Montelione.

12:30:30 >>LISA MONTELIONE: Actually, this is a piece of old




12:30:36 business, because I am just asking to reschedule or continue

12:30:40 Mr. Thomas Nance, Executive Director of feeding America

12:30:45 Tampa Bay, his report was scheduled for April 25th, and

12:30:49 I was asked to continue that to June 20th.

12:30:54 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

12:30:55 seconded by Mr. Cohen.

12:30:57 All in favor of the motion?

12:30:58 Opposed?

12:30:58 The ayes have it unanimously.

12:31:00 Anything else?

12:31:01 >>LISA MONTELIONE: No, sir, thank you very much.

12:31:04 >>HARRY COHEN: Thank you, Mr. Chair.

12:31:05 One item.

12:31:06 I make a motion to invite the Westshore Alliance to present

12:31:09 their final master plan on May 2nd immediately following

12:31:15 our ceremonial activities, and that presentation should last

12:31:19 no more than 10 to 15 minutes.

12:31:21 >> Motion by Mr. Cohen.

12:31:22 Second by Mr. Suarez.

12:31:24 All in favor of the motion?

12:31:26 May 2nd.

12:31:28 What time?

12:31:29 >> Immediately following ceremonial activities.

12:31:32 >> Thank you.

12:31:32 I have a motion by Mr. Cohen.




12:31:33 Seconded by Mr. Suarez.

12:31:34 All in favor of the motion please indicate by saying aye.

12:31:37 Opposed nay.

12:31:38 Motion passes unanimously.

12:31:39 Anything else?

12:31:39 >> No, thank you.

12:31:40 >> Mrs. Mulhern?

12:31:42 >> Thank you, Mr. Chairman.

12:31:43 I have a couple things.

12:31:44 One, I would like to make a motion to place on council's

12:31:49 April 4th agenda a resolution supporting April 17, 2013

12:31:54 A as military family community could have Nance day.

12:31:58 >>HARRY COHEN: Second.

12:32:00 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by Mr.

12:32:03 Cohen.

12:32:03 All in favor?

12:32:04 Opposed?

12:32:04 The ayes have it unanimously.

12:32:05 >>MARY MULHERN: Thank you.

12:32:10 Secondly, I just actually got this request during our

12:32:16 meeting.

12:32:17 So I'm passing out an e-mail that I received personally.

12:32:25 And I guess what I would like to do is have council, if you

12:32:29 could read this beings and then at next week's meeting, I

12:32:37 would like to present this for, I guess, Mr. Shelby to see




12:32:42 this.

12:32:42 But I'll read to you what it is I would like you to support

12:32:47 council to write to the Florida legislature regarding.

12:32:52 And I am going to send a letter right away myself because I

12:32:55 don't know when this is going to get rolling.

12:32:58 But I hope you would agree with me -- and we could also send

12:33:03 a letter from council after you have had time to look at

12:33:06 this.

12:33:06 There are two bills that would have devastating impact on

12:33:09 Hillsborough County's program, our environmental land

12:33:14 acquisition and protection program.

12:33:16 The first bill severely restricts the purchase of

12:33:17 conservation lands by counties and cities as well as the

12:33:22 state.

12:33:23 The second bill addresses state-owned land which could

12:33:25 impact some of the land that ELAP co-owns, co-manages with

12:33:31 SWFWMD.

12:33:31 ELAP is hugely popular in this county.

12:33:34 We probably remember that there was a referendum and 79% of

12:33:38 the voters approved the 2008 referendum to tax themselves up

12:33:42 to 200 million to continue the program.

12:33:46 We are counting on you to send that mandate and protect our

12:33:49 investment.

12:33:50 So I would hope that we would support this as our last

12:33:57 council supported this effort and the referendum that was on




12:34:01 the ballot in 2008.

12:34:02 So I will just ask you to read this and come back next week

12:34:08 and I will ask if we can send this letter to pretty much

12:34:12 what's worded here to our legislative legislators.

12:34:17 >>CHARLIE MIRANDA: Okay.

12:34:17 That's a motion by Mrs. Mulhern.

12:34:19 Second by Mrs. Capin.

12:34:21 Any further discussion?

12:34:22 We might have a timing thing with the clerk's office on the

12:34:24 agenda because it's next week already.

12:34:27 >>MARY MULHERN: I'm not making a motion.

12:34:34 >>CHARLIE MIRANDA: All right.

12:34:34 No problem.

12:34:34 Thank you.

12:34:37 We appreciate it.

12:34:39 We appreciate it very much.

12:34:40 I think governor Martinez at one time was the one that

12:34:43 started buying this land and commend his effort for doing

12:34:47 that that.

12:34:48 But I agree with you.

12:34:49 So because the way it is and the timing.

12:34:57 But I appreciate everything that Mrs. Mulhern said and she's

12:35:00 very right on these two points.

12:35:01 Thank you.

12:35:02 Mr. Cohen?




12:35:03 I mean, Mr. Reddick?

12:35:04 >>FRANK REDDICK: I have one item.

12:35:10 I want to make a motion to request someone from the budget

12:35:15 or finance office or Parks and Recreation Department to

12:35:21 appear before council on April 4th to give accounting of

12:35:24 the funds given to the City of Tampa from the National

12:35:26 Football League and their charity that was dedicated to the

12:35:31 Jackson Heights recreation center.

12:35:40 The NFL in New York is questioning it.

12:35:43 >> Second.

12:35:44 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

12:35:45 Seconded by Mrs. Montelione.

12:35:47 All in favor of the motion say aye.

12:35:48 Opposed nay.

12:35:49 The ayes have it unanimously.

12:35:50 Anything else?

12:35:52 Mrs. Capin?

12:35:54 >>YVONNE CAPIN: As I stated earlier today, on the workshop

12:35:56 for May 23rd, where we have alcoholic beverage

12:36:00 permitting, I would like to request that we move that to the

12:36:05 evening session as the citizens that were here preferred it,

12:36:09 and they waited a very long time for us that day.

12:36:13 So I would like to move it to the evening.

12:36:16 And also see at the same time the semiannual report for the

12:36:22 evening.




12:36:24 The semiannual report will be first.

12:36:26 And then the alcoholic beverage workshop in the evening.

12:36:31 From the economic impact of cultural asset citizens advisory

12:36:34 committee.

12:36:35 Thank you for that.

12:36:38 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

12:36:41 Mr. Suarez seconded it.

12:36:43 All in favor of that motion please indicate by saying aye.

12:36:45 Opposed nay.

12:36:46 The ayes have it unanimously.

12:36:49 >>YVONNE CAPIN: I would like to bring up that we have some

12:36:52 very important people, VIP judges, this Saturday, March

12:36:58 30th.

12:36:59 It's the second annual Cuban sandwich festival.

12:37:02 And I saw it in today in one of the newspapers labeled as

12:37:11 "food fight."

12:37:12 [ Laughter ]

12:37:13 Anyway, we have several City Council members are on there,

12:37:17 on the judging, and if it's any indication of last year, as

12:37:22 a matter of fact, the entertainment was exceptional.

12:37:25 It is free to the public.

12:37:27 And it starts at 11 a.m. Saturday the 30th, in Ybor

12:37:32 City, at the Centennial Park.

12:37:38 So everyone should come out.

12:37:40 Last year there were well over 5,000 people.




12:37:42 And this year I would imagine they ran out of Cuban

12:37:47 sandwiches.

12:37:47 They promised that they won't this year.

12:37:49 So I just wanted to let everyone know.

12:37:51 >>HARRY COHEN: At least the judges got to eat.

12:37:58 >>YVONNE CAPIN: That's right.

12:37:58 They got to eat.

12:37:59 Thank you.

12:37:59 That was just a public.

12:38:02 And I am going refer to the organizational chart that was in

12:38:07 our presentation from the budget.

12:38:12 And when you look at the organizational chart, the only

12:38:18 people that are above us are the citizens of Tampa.

12:38:25 The mayor and City Council are side by side.

12:38:28 Thank you.

12:38:29 >> Thank you.

12:38:31 My apologies.

12:38:31 I can't be there for your Cuban sandwich day.

12:38:34 I will be working at Tampa Bay downs getting paid.

12:38:37 Yes, sir?

12:38:39 You eat my sandwich.

12:38:41 Mr. Suarez.

12:38:42 >>MIKE SUAREZ: Cube and sandwich festival, it's the day I

12:38:48 break my diet.

12:38:49 I have one thing to ask the council is that we allow MOSI's




12:39:00 president to come and speak with us the name of the

12:39:02 recipient of the 2013 national Hispanic scientist of the

12:39:05 year award, and that's going to be presented at MOSI in

12:39:10 October.

12:39:11 I would like him to come here on April 18th at

12:39:14 9:00 a.m., following the one ceremonial presentation we have

12:39:18 that day.

12:39:20 >>CHARLIE MIRANDA: Thank you.

12:39:21 I have a motion by Mr. Suarez, second by Mr. Cohen.

12:39:23 All in favor of that motion?

12:39:25 Opposed?

12:39:25 The ayes have it.

12:39:26 Mr. Reddick has the floor.

12:39:28 I'm sorry, I misled you, sir.

12:39:30 >>FRANK REDDICK: I want to amend my motion from April

12:39:34 4th to April 18th under staff reports.

12:39:36 >>CHARLIE MIRANDA: I have a motion for correction of that

12:39:38 motion date, at the same time, by Mr. Reddick, seconded by

12:39:41 Mrs. Montelione.

12:39:42 All in favor of the motion?

12:39:44 Opposed?

12:39:44 The ayes have it unanimously.

12:39:46 Anything else to come before this council?

12:39:47 Mrs. Mulhern?

12:39:48 >>MARY MULHERN: Yes.




12:39:49 I'm a little confused.

12:39:51 But I think we voted on the resolution to be on the April

12:39:59 4th agenda.

12:40:00 I have the resolution here.

12:40:06 We have the resolution.

12:40:07 This was recommended to us by the Tampa Bay Regional

12:40:16 Planning Council.

12:40:17 The resolution recognizing military family could have

12:40:21 Nances.

12:40:22 I have it here.

12:40:23 I don't know.

12:40:23 I do want it placed on the agenda next week.

12:40:25 >>THE CLERK: Because we are closed tomorrow the agenda is

12:40:29 already done, and finished to come back before council so we

12:40:34 ask because we are closed tomorrow we cannot get the agenda

12:40:39 out.

12:40:40 >>MARY MULHERN: We would have the resolution.

12:40:44 >>CHARLIE MIRANDA: Corrected correct.

12:40:45 >>MARTIN SHELBY: So you withdraw that motion for next week

12:40:48 then?

12:40:48 >>MARY MULHERN: Yes.

12:40:49 >>CHARLIE MIRANDA: Motion with T withdraw out.

12:40:52 Any of you in the audience all you 500 people care to speak?

12:40:55 Not at all?

12:40:56 Thank you.




12:40:57 You did a good job.

12:40:58 Anything else to come before this meeting?

12:41:01 >> Move to receive and file.

12:41:02 >> Second.

12:41:04 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

12:41:05 Second by Mr. Cohen to receive and file all the documents.

12:41:08 Anything else to come before this meeting?

12:41:09 We stand adjourned.

12:41:10 Thank you very much.

12:58:30



DISCLAIMER:

This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.