Help & information    View the list of Transcripts


TAMPA CITY COUNCIL
Thursday, April 4, 2013
9:00 a.m.

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.


9:01:12AM >>THE CLERK: Good morning.
9:07:18AM Tampa City Council is called to order.
9:07:20AM Roll call.
9:07:21AM [Roll Call]
9:07:25AM >>MIKE SUAREZ: Here.
9:07:27AM >>YVONNE CAPIN: Present.
9:07:28AM >>FRANK REDDICK: Here.
9:07:29AM >>MARY MULHERN: Here.
9:07:31AM >>HARRY COHEN: Here.
9:07:32AM >>LISA MONTELIONE: Here.
9:07:34AM >>CHARLIE MIRANDA: Here.
9:07:35AM >>THE CLERK: Good morning again.
9:07:37AM Shirley Foxx-Knowles, city clerk for the city of Tampa.
9:07:41AM We will now conduct election for chairman and chairman pro

9:07:43AM tem for Tampa City Council.
9:07:45AM Here are the election guidelines.
9:07:47AM The election of the chair will be held first.
9:07:51AM Nominations do not require second.
9:07:53AM Please wait to be recognized before nominating a candidate.
9:07:57AM I will open the nomination and close them after all
9:08:02AM nominations have been made.
9:08:04AM Votes will be counted by raising the hand.
9:08:07AM The vote will be taken in the order of the nomination,
9:08:10AM beginning with the first name nominated.
9:08:13AM The vote will cease as soon as there's a majority, which
9:08:17AM requires four votes.
9:08:18AM Having said that, nominations are now in order for the
9:08:22AM chairman.
9:08:23AM Ms. Montelione.
9:08:26AM >>LISA MONTELIONE: Thank you.
9:08:26AM I nominate Charlie Miranda as chair of the City Council.
9:08:30AM >>THE CLERK: Charlie Miranda has been nominated.
9:08:32AM Is there another nomination?
9:08:33AM Ms. Capin?
9:08:36AM >>YVONNE CAPIN: Harry Cohen.
9:08:40AM >>HARRY COHEN: Madam Clerk.
9:08:42AM I respectfully, thank you very much, but respectfully I'd
9:08:45AM like to decline.
9:08:47AM >>THE CLERK: Is there another nomination?

9:08:50AM Is there a nomination for acclamation of Charlie Miranda?
9:08:56AM >> So moved.
9:08:59AM >>SHIRLEY FOXX-KNOWLES: Charlie Miranda has been elected
9:09:01AM chair of Tampa City Council.
9:09:04AM >>CHARLIE MIRANDA: Thank you very much, Madam Clerk.
9:09:06AM I appreciate all the Councilmembers, the diligent work that
9:09:09AM they've done from the time they got elected not only last
9:09:14AM year, from the time they got elected and they were sworn
9:09:17AM into office, they certainly have come in and done their job,
9:09:20AM outstandingly.
9:09:21AM I think that the cooperation between this body and the
9:09:25AM chambers of the legislature and the administrative can be at
9:09:28AM no higher than it is now.
9:09:30AM I think the communication is there.
9:09:32AM And I know that Councilmembers do not take a backseat to
9:09:35AM anyone, and I know they've had some very serious
9:09:38AM conversation with not only the department heads but with the
9:09:41AM city and will continue to do so.
9:09:43AM And in that balance of government, the winners can only be
9:09:45AM the taxpayers.
9:09:46AM Thank you very much for your coming up as chairman.
9:09:52AM >>SHIRLEY FOXX-KNOWLES: Thank you.
9:09:53AM Nominations are now in order for chairman pro tem.
9:09:58AM Is there a nomination?
9:10:00AM Ms. Montelione?

9:10:01AM >>LISA MONTELIONE: Thank you.
9:10:02AM I nominate Harry Cohen.
9:10:06AM >>SHIRLEY FOXX-KNOWLES: Harry Cohen has been nominated for
9:10:08AM chairman pro tem.
9:10:09AM Is there another nomination?
9:10:11AM Is there a nomination for acclamation of Mr. Cohen?
9:10:17AM >> So moved.
9:10:19AM >>SHIRLEY FOXX-KNOWLES: Properly moved and acclamation.
9:10:23AM All in favor aye.
9:10:25AM Okay, Mr. Cohen?
9:10:27AM >>HARRY COHEN: Thank you very much.
9:10:27AM >>MIKE SUAREZ: That's why you're pro tem, you're short and
9:10:31AM sweet, man.
9:10:33AM [ Laughter ]
9:10:36AM >>SHIRLEY FOXX-KNOWLES: We will now conduct the election for
9:10:38AM chairman and vice chairman of the Community Redevelopment
9:10:40AM Agency.
9:10:42AM The election guidelines are the same.
9:10:44AM Is there a nomination for the chairman of the CRA?
9:10:50AM >> I nominate Mr. Frank Reddick.
9:10:54AM >>SHIRLEY FOXX-KNOWLES: Mr. Frank Reddick has been
9:10:56AM nominated.
9:10:57AM Is there another nomination?
9:10:59AM Is there a nomination for acclamation of Mr. Reddick?
9:11:04AM Okay.

9:11:05AM Mr. Reddick?
9:11:11AM >>FRANK REDDICK: Call on my colleagues and say thank you.
9:11:17AM >>SHIRLEY FOXX-KNOWLES: Now, is there a nomination for vice
9:11:20AM chair of the Community Redevelopment Agency?
9:11:25AM Mr. Miranda?
9:11:26AM >>CHARLIE MIRANDA: I nominate Mr. Mike Suarez.
9:11:29AM >>SHIRLEY FOXX-KNOWLES: Mr. Suarez has been nominated.
9:11:31AM Is there another nomination?
9:11:33AM Is there a nomination for acclamation of Mr. Suarez?
9:11:37AM >> So moved.
9:11:39AM >>SHIRLEY FOXX-KNOWLES: Mr. Suarez?
9:11:40AM >>MIKE SUAREZ: Again, I can't say it any better than Harry
9:11:42AM Cohen and Mr. Reddick.
9:11:44AM Thank you very much.
9:11:46AM >>SHIRLEY FOXX-KNOWLES: Thank you very much.
9:11:47AM I will now turn the meeting over to the newly elected chair.
9:11:53AM >>CHARLIE MIRANDA: Thank you very much.
9:11:54AM Invocation this morning will be presented by Ms. Montelione.
9:12:03AM >>LISA MONTELIONE: Thank you, Mr. Chair, once again.
9:12:05AM I'm pleased to introduce Crossover Church Pastor Tommy
9:12:07AM Kyllonen, who I'm sure I said that wrong because I know him
9:12:15AM better as Pastor Tommy D.
9:12:17AM At Crossover Church on Fowler Avenue, Tommy is known as
9:12:18AM Urban D, a reflection of the hip-hop style ministry Pastor
9:12:25AM Tommy brought to the Crossover Church as a youth minister in

9:12:28AM 1996.
9:12:29AM He's been pastor since 2002.
9:12:31AM The church took over a vacant site that was an eyesore on
9:12:35AM Fowler Avenue after it closed as the popular Toys-R-Us
9:12:39AM outlet.
9:12:40AM And it brought that church back to life, or that building
9:12:44AM back to life in more ways than just the literal sense.
9:12:48AM He has doubled the congregation in recent years and serving
9:12:52AM the diverse neighborhoods of north Tampa.
9:12:55AM They do considerable amount of work serving the individuals
9:12:59AM of that neighborhood and beyond.
9:13:01AM Tommy has recorded seven hip-hop albums since 1996 and is a
9:13:08AM widely published religious commentator.
9:13:11AM He and his wife Lucy have two beautiful daughters.
9:13:14AM Everyone please stand for the invocation and remain standing
9:13:17AM for the Pledge of Allegiance.
9:13:20AM >> God, we come before you today.
9:13:27AM We thank you for another day you've given us to live, to
9:13:29AM work, to play in this beautiful city.
9:13:31AM We pray for those that are less fortunate today, that may be
9:13:35AM struggling financially, spiritually, emotionally, even
9:13:38AM physically, pray for relief for them.
9:13:41AM Today we lift up our leaders that are gathered here today,
9:13:44AM give them wisdom as they make decisions to help our city
9:13:47AM continue to move forward.

9:13:49AM Bless them today.
9:13:50AM Amen.
9:13:51AM [PLEDGE OF ALLEGIANCE]
9:14:12AM >>CHARLIE MIRANDA: Roll call.
9:14:13AM [Roll Call]
9:14:19AM >>MIKE SUAREZ: Here.
9:14:20AM >>YVONNE CAPIN: Present.
9:14:22AM >>FRANK REDDICK: Here.
9:14:24AM >>MARY MULHERN: Here.
9:14:26AM >>HARRY COHEN: Here.
9:14:27AM >>LISA MONTELIONE: Here.
9:14:27AM >>CHARLIE MIRANDA: Here.
9:14:28AM >>CHARLIE MIRANDA: Need a motion for approval of the minutes
9:14:30AM of March 21st.
9:14:31AM >> So moved.
9:14:32AM >> Motion by Ms. Montelione, second by Mr. Suarez.
9:14:35AM All in favor of the motion, please indicate by saying aye.
9:14:36AM Opposed nay.
9:14:38AM The ayes have it unanimously.
9:14:38AM We go to item number 5, ceremony activities.
9:14:42AM The water department recognition of water conservation
9:14:44AM month.
9:14:45AM Mr. Mike Suarez.
9:14:51AM >>MIKE SUAREZ: Good morning, colleagues.
9:14:55AM Thank you very much for recognizing me and I'm going to

9:14:58AM recognize our folks from, from the water department.
9:15:02AM I was joking with Brad this morning that if he was as good
9:15:05AM at killing squirrels as he is at making sure that the water
9:15:08AM is clean and efficient, we wouldn't have had any problems
9:15:11AM about a month and a half ago.
9:15:14AM I am proud to present the commendation to the water
9:15:17AM department for water conservation month.
9:15:19AM April has always been declared water conservation month, as
9:15:24AM our chair, Mr. Miranda knows, as being part of Tampa Bay
9:15:27AM Water for many years, water is the life blood of any
9:15:30AM society, it is the life blood of our community here.
9:15:33AM And because it's water conservation month, we encourage all
9:15:38AM our citizens to practice water conservation, not only during
9:15:41AM this month, but throughout the year.
9:15:42AM April is traditionally the driest month in Florida, as it's
9:15:46AM raining outside.
9:15:47AM And since 1998, water conservation practitioners, including
9:15:52AM the Governor and Cabinet throughout Florida declared April
9:15:55AM conservation month.
9:15:57AM Our water department treats and delivers to a population of
9:15:59AM approximately 600,000 people in the Tampa Bay area and it's
9:16:03AM the main force for water conservation in Tampa Bay.
9:16:05AM We support their efforts and we appreciate my colleagues for
9:16:09AM voting this commendation for the water department.
9:16:12AM And for April being designated water conservation month.

9:16:15AM Brad?
9:16:19AM >> Thank you very much, Brad Baird, director of water
9:16:21AM department.
9:16:22AM This is a reminder of how important our water resources are.
9:16:28AM That they're precious and they're limited.
9:16:34AM And all classes of customers can conserve water in many
9:16:40AM different ways.
9:16:41AM And I would direct our customers to Tampa GOV DOT net save
9:16:50AM water for conservation tips.
9:16:52AM And some free stuff.
9:16:53AM That you can get.
9:16:56AM Water efficiency kits and things like that.
9:16:58AM So, it's a reminder this time of year, we are in a water
9:17:03AM shortage.
9:17:04AM And everybody needs to do their part to conserve water.
9:17:09AM And thank you very much for the commendation.
9:17:12AM And we'll do our best to get through the dry season.
9:17:24AM >>CHARLIE MIRANDA: Just when it rains today, we have the
9:17:28AM award.
9:17:28AM [ Laughter ]
9:17:31AM >>CHARLIE MIRANDA: Okay.
9:17:31AM Item number 6 is the, Mr. Tony Garcia from the Planning
9:17:36AM Commission to make a presentation regarding certain items
9:17:41AM here.
9:17:46AM >>TONY GARCIA: Thank you, Mr. Chairman.

9:17:47AM Good morning.
9:17:47AM Tony Garcia, Planning Commission staff.
9:17:49AM Good morning members of Council.
9:17:50AM I have a PowerPoint that's going to be loading up in a
9:18:01AM second, I think.
9:18:02AM Wait for that to come up.
9:18:08AM It's up.
9:18:14AM But I can't see it.
9:18:15AM In January 2012 at the request of Councilmember one
9:18:34AM Montelione and the approval of Mayor Bob Buckhorn, the
9:18:37AM Planning Commission led an effort in the development of a
9:18:39AM community vision document based upon the input of community
9:18:41AM stakeholders.
9:18:42AM The planning process terminated, or we came to closure about
9:18:48AM a month ago.
9:18:49AM We made our presentation of our findings during the, for
9:18:53AM this planning process to the Planning Commission last month.
9:18:57AM This is a map that shows the, some of your assets in the
9:19:05AM particular area that we're talking about.
9:19:06AM This is the university square Terrace Park area.
9:19:10AM The study area that we use is bounded north by Fowler
9:19:13AM Avenue, to the east by Temple Terrace city limits, south of
9:19:17AM Busch Boulevard and west the interstate.
9:19:19AM As many of you are familiar with the area, you'll also know
9:19:23AM that there's quite a few assets in the area.

9:19:25AM Tampa industrial park, which is almost in the center of the
9:19:28AM study area and just to the north of the study area, the
9:19:31AM University of south Florida.
9:19:32AM Of course the southern boundary on Busch Boulevard, Busch
9:19:34AM Gardens, one of our regional attractors and major economic
9:19:39AM stimulators in the city.
9:19:41AM We also have University Square Mall.
9:19:43AM And of course the neighborhood just outside to the southwest
9:19:48AM of the study area is Sulphur Springs.
9:19:50AM And of course a couple of green spaces, Rowlett Park to the
9:19:54AM south, Busch Boulevard and Rogers Park golf course and
9:19:58AM Temple Terrace, your neighbor directly to the east.
9:20:01AM This is just a graphic, an aerial to give you an idea of the
9:20:05AM residential character of the area.
9:20:06AM There's much more significant residential character to the
9:20:09AM west of 30th street.
9:20:11AM 30th street kind of bifurcates this particular area, study
9:20:14AM area that we looked at.
9:20:17AM Wanted to give you a little history as to how this whole
9:20:22AM area evolved.
9:20:23AM This is the Hillsborough Army airfield, which is what the
9:20:27AM Tampa industrial park original interested at.
9:20:29AM This was in 1943.
9:20:31AM This became a civil use in 194 and became known as Henderson
9:20:36AM field.

9:20:36AM It was a decommissioned in 1955.
9:20:39AM Here's one of our assets that still remains.
9:20:43AM This is when Busch brewery came into existence in 195.
9:20:48AM The irony of it is, Busch Gardens of course became an
9:20:51AM offshoot of the brewery.
9:20:53AM Then of course the brewery went away so the brewery is no
9:20:56AM longer there, but Busch Gardens remains.
9:20:58AM This is USF in construction back in 1956.
9:21:04AM Really great picture.
9:21:07AM And of course the Tampa Industrial Park which lies just to
9:21:11AM the south of the University of South Florida.
9:21:13AM These are just some of the businesses that existed in the
9:21:17AM area.
9:21:17AM Of course Tampa Industrial Park never really manifested into
9:21:23AM what was visioned, envisioned for the area.
9:21:26AM But there are quite a few projects in the last five years
9:21:30AM that have come to fruition in the area.
9:21:33AM One of the most notable ones being the M2Gen project.
9:21:38AM So there is some resurgence as far as revitalization from
9:21:41AM the Tampa Industrial Park area.
9:21:42AM This is your vision map.
9:21:45AM This is one of the five areas, five planning areas in your
9:21:48AM vision map.
9:21:49AM This is University area, one of three areas that offers the
9:21:53AM most opportunity for redevelopment and opportunity for job

9:21:56AM growth.
9:21:56AM Which happens to incorporate this study area.
9:22:01AM The community plans and city comprehensive plan sings we
9:22:07AM were working on a vision plan, which is phase one of
9:22:10AM developing a full-fledged community plan, community planning
9:22:12AM offers many opportunities to support Tampa and becoming more
9:22:15AM livable and sustainable.
9:22:17AM The city's comprehensive plan lays the foundation for
9:22:20AM developing the livable city and the City of Tampa's
9:22:23AM comprehensive plan calls for preservation and enhancement of
9:22:25AM existing neighborhoods and recommends that the city policies
9:22:28AM and actions support revitalization and preservation, which
9:22:32AM it currently does.
9:22:33AM This is a picture of our initial kickoff meeting which was
9:22:38AM on February 29th, 2012.
9:22:41AM So that's not going to happen very often, so that's leap
9:22:44AM year day.
9:22:45AM This was held at the Gwazi pavilion over at Busch Gardens.
9:22:50AM >>LISA MONTELIONE: Not sure if it really happened or not.
9:22:53AM >>TONY GARCIA: It is what it is.
9:22:54AM We had a very good attendance at our first meeting there.
9:22:58AM I would like to take this opportunity because I don't think
9:23:00AM I really put it in the document that we handed to you, but I
9:23:03AM would expressly like to thank Busch Gardens for their
9:23:06AM cooperation.

9:23:07AM They provided us their meeting area three times during the
9:23:11AM course of our process.
9:23:12AM And we really appreciate Jim Dean, who is CEO of Busch
9:23:18AM Gardens, for his cooperation.
9:23:21AM At any time that we needed and his staff, they were
9:23:24AM excellent and I'd like to acknowledge them in front of you
9:23:27AM this morning at this meeting.
9:23:28AM As far as the planning process goes, we did quite a few
9:23:33AM things.
9:23:33AM We have stakeholder interviews and surveys.
9:23:35AM We had SWOT -- that stands for strengths, weakness,
9:23:39AM opportunities and threats.
9:23:41AM So we had -- during all these meetings, we had people come
9:23:44AM in and identity what they felt their assets were and what
9:23:47AM their liabilities were.
9:23:48AM We also conducted a business survey of over 90 businesses
9:23:50AM that we plucked out of over 600 businesses that are in the
9:23:53AM area.
9:23:54AM We also conducted a housing condition survey, which was
9:23:57AM assisted, we were assisted by one of the masters classes in
9:24:02AM planning over at USF.
9:24:03AM We really appreciate their efforts also in accumulating the
9:24:06AM data they did for us.
9:24:08AM That leads into the background data we did collect over this
9:24:10AM year timeframe.

9:24:12AM A lot of demographic information existing conditions, future
9:24:15AM land use, socioeconomic composition and housing inventory
9:24:18AM and assessment, which are all contained in this doubt.
9:24:21AM I'd also like to compliment and thank the City of Tampa in a
9:24:26AM wonderful collaborative effort.
9:24:28AM As you can see, I wanted to acknowledge and show photographs
9:24:30AM of all the different members of staff of the different
9:24:33AM departments that came to our workshops.
9:24:36AM We had members from code enforcement, from transportation,
9:24:40AM from potable water, from stormwater, from zoning, from solid
9:24:45AM waste, from parks and rec, represented at different
9:24:50AM workshops that we had to answer questions and to put a face
9:24:53AM to a name so that people had contact information should they
9:24:59AM have had any concerns regarding those particular areas.
9:25:01AM So we really appreciate the effort that was made by Cathy
9:25:05AM Coyle, Mike Herr, in providing their staff to us and working
9:25:12AM so well with us.
9:25:13AM We really appreciate that.
9:25:14AM So do the citizens that attended a lot of these meetings.
9:25:17AM I just wanted to give you an example of the public
9:25:19AM participation was like.
9:25:21AM We had two community open houses, as you can see, and we had
9:25:23AM ten community workshops.
9:25:25AM They were held at a variety of places from FDOT offices to
9:25:28AM the Gwazi pavilion as I stated.

9:25:30AM We used MOSI as a meeting office too and Copeland park.
9:25:35AM So we really appreciate all those, those entities for
9:25:39AM providing venues for us to have these meetings.
9:25:43AM As you can see, the public participation process went very
9:25:46AM well.
9:25:46AM This was one of the meetings we actually had at one of the
9:25:48AM places that I didn't mention, which is the Yingling brewery
9:25:52AM hospitality house, and no, beer was not served.
9:25:55AM But we did have a very lively meeting that evening and
9:25:58AM people provided inputs and comments and all those yellow
9:26:02AM tablets that you see there that provide all those comments
9:26:05AM wound up being a lot of the recommendations, the strategies
9:26:10AM that people had to help improve and realize the vision for
9:26:12AM their area.
9:26:13AM This was the culmination of our public participation
9:26:19AM program, as far as our big meeting was concerned.
9:26:21AM We had another meeting right before Thanksgiving, or right
9:26:25AM after Thanksgiving, November 29th of this past year.
9:26:30AM At the Gwazi pavilion again.
9:26:32AM It was very successful as you can see by all the people in
9:26:34AM attendance.
9:26:35AM We had about 120 people in attendance.
9:26:37AM We of course we have your City Council representative for
9:26:40AM that district, Ms. Montelione present.
9:26:42AM Mayor Bob Buckhorn made an appearance and made a very

9:26:45AM impassioned speech to the citizens that attended.
9:26:50AM The meeting and stakeholders.
9:26:51AM And the newly elected mayor of Temple Terrace, who is the
9:26:55AM neighbor right over here, was also present, Mr. Frank
9:26:59AM Chillura.
9:27:00AM He was elected about a week before I think we had this
9:27:03AM meeting -- two weeks before.
9:27:04AM So he made the effort to come over.
9:27:06AM So it's very nice having a Council person and two mayors at
9:27:10AM a community meeting like this.
9:27:11AM So that concludes my presentation.
9:27:16AM What I wanted to sum it up with is now we have a document
9:27:20AM that will be acknowledged by this body at some point in
9:27:24AM time.
9:27:24AM I do not know if you have a resolution now, but if you do
9:27:29AM not have a resolution just acknowledging the creation of the
9:27:31AM document, I guess that will be something that will be
9:27:34AM imparted in the near future.
9:27:36AM But I also wanted to let you know that this document will
9:27:38AM serve as a very useful tool to Ms. Catherine Coyle, who is
9:27:42AM the manager of your Land Development Coordination department
9:27:46AM in hopefully in the future in creating a full-fledged
9:27:50AM community plan for the citizens of this area as it does
9:27:53AM provide this particular area does provide a lot of
9:27:56AM opportunity for job creation and growth based on the

9:27:58AM economic engines that are in the area.
9:28:00AM It was a pleasure working with the citizens of the area and
9:28:03AM the stakeholders and we appreciate again the collaborative
9:28:06AM effort that was bestowed upon us by all the people that
9:28:10AM worked with us, City of Tampa staff and all the citizens and
9:28:13AM stakeholders of the area.
9:28:15AM Thank you very much.
9:28:16AM >>CHARLIE MIRANDA: Any question by councilmembers?
9:28:17AM Ms. Montelione?
9:28:18AM >>LISA MONTELIONE: Not a question.
9:28:19AM But I, in keeping with all the thank you's going around this
9:28:23AM morning, I do want to thank Mr. Garcia and the Planning
9:28:25AM Commission staff that worked on this.
9:28:28AM It was a long process and thinking back, that a year has
9:28:33AM passed, more than a year, February 29th of 2012, it's a lot
9:28:37AM of work that went into it.
9:28:39AM And they really did go above and beyond working this plan in
9:28:47AM cooperation and getting the coordination and from all of the
9:28:51AM different stakeholder partners bringing in the University of
9:28:57AM South Florida and having the students who, you know, you say
9:29:00AM student work and you think that it's something less than,
9:29:05AM you know, what a professional would deliver, but they did a
9:29:08AM phenomenal job knocking done doors and all the businesses
9:29:11AM along Busch Boulevard.
9:29:13AM And the citizens, residents of this area, I know when we

9:29:17AM first undertook this process, some of the business leaders
9:29:19AM in the area were a little concerned because, you know,
9:29:23AM whenever you on up the community to comment in an area that
9:29:27AM contains a lot of large businesses, they get worried that,
9:29:32AM you know, they're going to somehow criticize a lot of what's
9:29:38AM going on.
9:29:38AM But these residents were very business oriented and a lot of
9:29:42AM them at every meeting came to myself and the Mayor asking
9:29:47AM when we're going to see economic development, when are we
9:29:49AM going to fill those storefronts?
9:29:51AM When do we, you know, expect that redevelopment is going to
9:29:55AM happen of some of the aging shopping centers.
9:29:58AM And you know, along with things that concern them like
9:30:01AM activities in the parks that are underutilized.
9:30:05AM So I do want to thank everyone that was involved and I will
9:30:08AM be asking the legal department to go ahead and draft a
9:30:11AM motion for adoption.
9:30:14AM So, at this point I'd like to move for the legal department
9:30:17AM to bring back a resolution for adoption of the vision plan
9:30:22AM at our next regular meeting, which I believe the 18th?
9:30:27AM 18th of April.
9:30:28AM Legal department, anybody?
9:30:33AM >> Second.
9:30:38AM >>CHARLIE MIRANDA: Ms. Mulhern?
9:30:40AM >>MARY MULHERN: I'll second that.

9:30:40AM But I wanted to hear about, this is a resolution to adopt,
9:30:46AM or just -- what is the resolution?
9:30:49AM Did.
9:30:49AM >> I think there's a difference between a resolution and an
9:30:52AM ordinance.
9:30:56AM >>MARY MULHERN: You're starting the process of the community
9:30:57AM plan.
9:30:58AM So to adopt it, that's much later.
9:31:02AM >> It's adopted by resolution, which is a recognition.
9:31:06AM >>MARY MULHERN: This is the adoption?
9:31:07AM >> No one's entertained a motion to adopt by resolution.
9:31:10AM There's a difference between adopt by ordinance and adopt by
9:31:14AM resolution.
9:31:15AM >>MARY MULHERN: I understand that I'm just asking about the
9:31:17AM process with community plans.
9:31:19AM Is that normally what you do, adopt it by resolution?
9:31:23AM Legal?
9:31:28AM >> What is it you're trying to accomplish?
9:31:30AM >>LISA MONTELIONE: Well the vision plan I'd like to have
9:31:32AM adopted by resolution into the city, as the first phase of
9:31:38AM the process.
9:31:41AM Of the community planning process.
9:31:43AM >>MARY MULHERN: Resolution to adopt the vision plan?
9:31:47AM That would be the thing to do now?
9:31:50AM >>LISA MONTELIONE: Yes, that's what I'm trying to

9:31:52AM accomplish.
9:31:52AM >> You don't have to bring it back.
9:31:54AM >>MARY MULHERN: Okay.
9:31:54AM Second.
9:31:55AM >>CHARLIE MIRANDA: Had a second earlier by Mr. Cohen.
9:31:57AM I've gotten two seconds.
9:32:00AM >>HARRY COHEN: Happy to have you second it.
9:32:04AM >>LISA MONTELIONE: Let's not fight over it.
9:32:06AM >>MARTIN SHELBY: Clarification, is that to adopt -- your
9:32:09AM original motion was bring it back on written form on
9:32:11AM April 18th.
9:32:13AM >>MARY MULHERN: If Mr. Territo says we can do it then.
9:32:19AM >>MARTIN SHELBY: You're amending your motion then?
9:32:22AM >>LISA MONTELIONE: Yes.
9:32:23AM >>CHARLIE MIRANDA: Yes, Ms. Mulhern?
9:32:26AM >>MARY MULHERN: Everything okay, legal?
9:32:28AM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, got
9:32:30AM about three seconds here.
9:32:32AM But Mr. Cohen yield to Ms. Mulhern, so I'll take
9:32:36AM Ms. Mulhern's second then.
9:32:37AM All in favor of that motion, please indicate by saying aye.
9:32:39AM Opposed nay.
9:32:42AM The ayes have it unanimously.
9:32:43AM This is coming back -- doesn't have to come back.
9:32:51AM >> What you're basically doing is severing and filing.

9:32:54AM Some later date you'll actually be going through the formal
9:32:57AM regulatory process.
9:32:58AM You can receive and file it today by resolution, that's what
9:33:01AM you're basically accomplishing.
9:33:02AM >>CHARLIE MIRANDA: All right.
9:33:03AM That's what the agenda says.
9:33:04AM R and F.
9:33:05AM I thought it was Robert and Frank.
9:33:07AM But it's not.
9:33:08AM All right.
9:33:09AM We need an approval of the agenda with the addendum on the
9:33:13AM addendum, before I go there, Mr. Reddick had discussion with
9:33:17AM item number 12 and I'd like to ask him if he's satisfied
9:33:20AM with that?
9:33:21AM >>FRANK REDDICK: Yes, Mr. Chairman.
9:33:22AM I met with staff and I'm satisfied with the response.
9:33:26AM >>CHARLIE MIRANDA: Before I go to Ms. Mulhern,
9:33:27AM Ms. Montelione, you had the same request on item the 22.
9:33:31AM >>LISA MONTELIONE: Yes, on item 22.
9:33:33AM >>CHARLIE MIRANDA: And you're satisfied?
9:33:35AM >>LISA MONTELIONE: Yes, I've had discussions with our CFO
9:33:37AM and director of budget and I'm satisfied with the responses
9:33:41AM I received.
9:33:42AM So, item 22 can be moved back to the consent agenda.
9:33:47AM >>CHARLIE MIRANDA: Thank you very much.

9:33:48AM >>LISA MONTELIONE: If there's no discussion by Council.
9:33:50AM >>CHARLIE MIRANDA: Ms. Mulhern?
9:33:52AM >>MARY MULHERN: Yes, thrill had a lot of questions on that,
9:33:55AM so I was waiting for the meeting because I know you had
9:33:58AM pulled it for discussion.
9:33:59AM So I would like to keep it either on --
9:34:02AM >>LISA MONTELIONE: That's right.
9:34:03AM We can keep it for discussion.
9:34:04AM >>MARY MULHERN: Keep it for discussion.
9:34:07AM >>LISA MONTELIONE: I spoke with Ms. Little and Mr. Rogero
9:34:10AM yesterday and advised them that I would be moving to put it
9:34:13AM back on consent, but they should be here to answer any
9:34:15AM questions because I wasn't sure if colleagues would have
9:34:17AM questions.
9:34:17AM So they're prepared.
9:34:20AM >>MARY MULHERN: I'd like to leave that on for pulling.
9:34:23AM >>CHARLIE MIRANDA: We leave -- 12 will be on the consent.
9:34:28AM 22 will be discussed during staff reports.
9:34:30AM Need approval of the agenda with the addendums and --
9:34:34AM >>LISA J. MONTELIONE: So moved.
9:34:36AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by Mr.
9:34:37AM Cohen.
9:34:38AM All in favor of that motion, please indicate by saying aye.
9:34:40AM Opposed nay.
9:34:41AM The ayes have it unanimously.

9:34:42AM We go to public comment.
9:34:45AM >>LISA MONTELIONE: One more item, Mr. Chair.
9:34:47AM We could do this later but might as well get it out of the
9:34:50AM way now.
9:34:51AM I do have a conflict, I believe, on items number 32 and 38.
9:34:56AM So I'll be filing the forms with the clerk's office,
9:34:58AM Mr. Shelby has prepared them.
9:35:00AM I have signed them for submission.
9:35:04AM >>HARRY COHEN: I'll be abstaining from item 37, the same, I
9:35:06AM will do so at that time.
9:35:08AM >>CHARLIE MIRANDA: That's 32, 37, 38.
9:35:12AM All right.
9:35:14AM We go to comments from the public for three minutes each on
9:35:17AM items on the agenda first.
9:35:19AM And then any item.
9:35:20AM Anyone in the audience care to speak for three minutes,
9:35:22AM please come forward.
9:35:23AM Items on the agenda first.
9:35:25AM And then any of the items that are off the agenda.
9:35:36AM >> I'm not familiar with this process.
9:35:38AM I don't know if this time I should address item 12 on the
9:35:42AM agenda as a public speaker.
9:35:44AM Am I correct?
9:35:45AM >>CHARLIE MIRANDA: As long as it's not a public hearing and
9:35:47AM item 12 is not a public hearing, you can, yes.

9:35:51AM >> I have some materials I'd like to present to the Council
9:35:53AM with regard to the issue I shall be speaking.
9:35:56AM Would that be allowed?
9:35:59AM >>CHARLIE MIRANDA: Yes.
9:36:02AM >> Have a copy for each Councilmember.
9:36:10AM >>CHARLIE MIRANDA: Were you a bidder?
9:36:12AM >> No, sir.
9:36:12AM I'm here as a representative of the skateboarding heritage
9:36:15AM foundation, the concerns to the Perry Harvey skateboard
9:36:19AM bowl.
9:36:20AM To whom do I give my materials?
9:36:26AM How many copies should I provide?
9:36:28AM >>CHARLIE MIRANDA: There are seven of us, one for the clerk,
9:36:30AM eight, one for the attorney is nine.
9:36:33AM >> I've got eight with me.
9:36:34AM I didn't account for the ninth.
9:36:41AM >>CHARLIE MIRANDA: Stop the clock, because we're going to
9:36:42AM run out of minutes.
9:36:43AM >> I'm sorry.
9:36:44AM I wasn't aware I'd be addressing the Council at this point,
9:36:47AM otherwise I would've been better prepared.
9:36:49AM My apologies.
9:36:51AM Also have some photographs, both historical and current.
9:37:02AM >>CHARLIE MIRANDA: Lets get on.
9:37:18AM >>CHARLIE MIRANDA: All right.

9:37:19AM Start with your name and so forth.
9:37:21AM >> My name is Shannon Bruffett.
9:37:25AM I'm with the Skateboarding Heritage Foundation, I'm the
9:37:25AM director of the Tampa chapter.
9:37:28AM I'm here to speak on historical interest and concern as
9:37:31AM providing under section 106 of the national preservation act
9:37:36AM of 1966.
9:37:37AM Section 106 states that these concerns must be addressed
9:37:46AM during the early planning stages of the project as involved
9:37:51AM with federal grant money, such as choice housing initiative
9:37:57AM grant that was awarded to the city in December of 2012.
9:38:00AM Rather than waste Council's time here with my case as to the
9:38:08AM historical preservation of the bowl, it's provided there
9:38:11AM before you.
9:38:11AM It's for your review at later time.
9:38:13AM I've been a skateboarder at this Perry Harvey skateboard
9:38:19AM bowl for the past 25 years.
9:38:20AM And has been brought to my attention to the community that
9:38:25AM there's a lot of interest and concern for historical
9:38:31AM recognition of that skateboard bowl.
9:38:33AM As the plan progress is on.
9:38:36AM I spoke with the architectural firm Kimley-Horn, who is
9:38:40AM involved in the contract to whom you all will be addressing
9:38:43AM later on.
9:38:44AM And they've been, advised me as to the planning stages.

9:38:48AM And I spoke to the issue of us as an organization being
9:38:52AM involved in those planning meetings.
9:38:55AM I've also spoke with Mr. David Hollis, the grant
9:38:59AM administrator for the Encore project.
9:39:03AM And he has forwarded me to several parties and also advised
9:39:07AM me to come here and voice my concerns to the Council.
9:39:10AM It is our request that the historical significance of the
9:39:16AM skateboard bowl be considered prior to final decisions
9:39:22AM regarding the plan for the Perry Harvey Park, considering
9:39:26AM historical significance of the area and the impact it's made
9:39:29AM on our city, I ask that this bowl be given the same
9:39:33AM consideration as the other elements which have contributed
9:39:37AM to our rich heritage in the area of the Central Avenue
9:39:42AM historic district.
9:39:43AM Base basically I would like to make note on public record,
9:39:52AM as a foundation we're here nor the education, preservation
9:39:56AM and archival of our history, our culture, as relation to the
9:40:02AM City of Tampa as it grows into the 21st century.
9:40:05AM We're currently with the, at work with the department of
9:40:11AM interior and the public, department of interior and the
9:40:20AM national historic preservation.
9:40:22AM >>CHARLIE MIRANDA: All right.
9:40:22AM We got the drift.
9:40:24AM >> Sorry.
9:40:25AM >>CHARLIE MIRANDA: Mr. Reddick?

9:40:26AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:40:27AM Sir, I just reading your handout, I'm somewhat confused
9:40:35AM about exactly your point.
9:40:37AM I understand you're trying -- are you saying you're trying
9:40:42AM to have skateboard competition at the park?
9:40:44AM Is that what you're basically saying?
9:40:47AM >> No, sir, I'm sorry I'm not more organized here.
9:40:50AM I'm kind of new to these proceedings.
9:40:51AM Our purpose is to try to preserve the original skateboard
9:40:54AM bowl there.
9:40:55AM And its historic integrity within the park.
9:40:59AM Not for any future use other than what it was originally
9:41:02AM designed for.
9:41:04AM >>FRANK REDDICK: Thank you.
9:41:04AM I just wanted to be clear.
9:41:06AM What I would suggest, I probably need to talk with Mr. Bayor
9:41:09AM with the park and recreation department and his designer who
9:41:12AM is working on that park to see if they can work with you on
9:41:16AM whatever you're trying to accomplish, so maybe you need to
9:41:20AM reach out to the park and recreation, see what you can work
9:41:25AM out with them.
9:41:27AM >>CHARLIE MIRANDA: Thank you very much.
9:41:28AM Really appreciate your concern.
9:41:29AM >> Thank you.
9:41:30AM >>CHARLIE MIRANDA: Ms. Montelione?

9:41:32AM >>LISA MONTELIONE: And I want to state too.
9:41:33AM I met with Brad Souter and with Mr. Bayor about Perry Harvey
9:41:39AM Park.
9:41:40AM I also had questions about this item.
9:41:43AM And when I talked with them about it, I'm very familiar with
9:41:49AM the bowl.
9:41:49AM I mean, I know people who skate there and have skated there
9:41:52AM in the past and I know that it is sacred ground to those who
9:41:58AM have used it and it's been memorialized in different videos
9:42:03AM and is known around the world.
9:42:06AM Not just here in Tampa.
9:42:08AM And I don't know that the historic significance of the bowl,
9:42:13AM otherwise known as the Bro Bowl, if I'm putting that
9:42:17AM correctly, is appreciated by a lot of people because they
9:42:21AM don't understand and they're not familiar with the
9:42:23AM skateboarding culture and the movement throughout again the
9:42:27AM United States and the world.
9:42:28AM But you know, watching the X-games and competitions that
9:42:32AM take place all over the world, it is an important piece of
9:42:36AM history to be preserved.
9:42:38AM And from what my discussions with the Parks Department was,
9:42:41AM is that they had looked into preserving it.
9:42:48AM They had looked into moving it.
9:42:49AM And there are challenges that I'm sure you've discussed when
9:42:54AM you talked to the folks over at Kimley-Horn, about moving

9:42:58AM the structure and that in some ways, the quality of the
9:43:07AM surface of the bowl would be degraded.
9:43:13AM And the bowl is planned in those, in the schematics that I
9:43:20AM had seen, of what the park is going to look like, but it's
9:43:27AM not moving the bowl piece by piece, because that would be
9:43:32AM impossible to improve the structural integrity and the
9:43:36AM safety of those who are using it.
9:43:39AM So, if we could re-create it, I think it would be a better
9:43:46AM surface for those who are still using it.
9:43:52AM And I'm not sure if that would satisfy what you're trying to
9:43:57AM do.
9:43:58AM >> Yes, ma'am.
9:43:59AM I won't take up a whole lot more time on this issue because
9:44:03AM I know you have a busy day.
9:44:04AM But that is one -- we were not -- we're flexible on that.
9:44:08AM The reason why I provided those current pictures as from
9:44:11AM last month, is to speak to the condition of the bowl and the
9:44:14AM local skateboard community, we are providing a support for
9:44:20AM the bowl by repainting it, conditioning the surface.
9:44:23AM But ultimately should it not be preserved, that's our next
9:44:29AM step up plan.
9:44:30AM >>LISA MONTELIONE: I just want to make sure that that is,
9:44:33AM you know, a viable alternative and put on the record that it
9:44:36AM may not be preserved as it sits today.
9:44:39AM But re-created and providing a better facility than what we

9:44:43AM have now, while still creating the history because it is, it
9:44:48AM is an important piece of our city and it does bring a lot of
9:44:52AM attention in a part of the city that is -- I think the first
9:44:59AM movement to integrate as had you mentioned here in your
9:45:01AM handout.
9:45:03AM So I appreciate that.
9:45:04AM And I just wanted to make sure that we got on the record
9:45:06AM that the options that we're looking at.
9:45:08AM >> I appreciate you stating all the things that my tongue
9:45:12AM tripped over.
9:45:12AM [ Laughter ]
9:45:13AM >>LISA MONTELIONE: You're welcome.
9:45:14AM >>CHARLIE MIRANDA: Thank you very much.
9:45:14AM Next please?
9:45:19AM >> Yes.
9:45:20AM I'm Ed Tillou, when I was at Stanford I pioneered the use of
9:45:25AM skateboards around campus to get to a far class.
9:45:29AM And now I have my bad term coming back on me on having to
9:45:33AM dodge them around USF as I walk on the sidewalks.
9:45:36AM Okay, I handed some things around.
9:45:39AM One is about fluoride, calcium glucide to remove fluoride.
9:45:44AM I pass that around to you to underscore that fluoride is a
9:45:48AM poison.
9:45:48AM Now, it has some benefit and this is something I'm six of
9:45:53AM one, half a dozen of another.

9:45:55AM I'm really not hot about this issue.
9:45:57AM But it's very important to realize, this is a complex issue.
9:46:00AM So people from Tampa should not look down on St. Petersburg,
9:46:03AM where it was brought up and it was brought up in the context
9:46:08AM that subsurface decay can oftentimes undo all of the good
9:46:14AM that fluoride does.
9:46:15AM But where I ran across it the other day as I'm researching
9:46:20AM the stacks, gypsum stacks because as a byproduct it could be
9:46:27AM useful in the food industry if you can get the radioactivity
9:46:31AM out.
9:46:32AM And there's a process my friend that worked at the Navy
9:46:35AM nuclear power school at Vallejo, he worked for this company
9:46:39AM trying to sell this safer kind of reactor called a pebble
9:46:44AM bed reactor.
9:46:45AM No success.
9:46:45AM You're phasing out nuclear reactor after nuclear reactor
9:46:51AM when there's this better alternative.
9:46:53AM The U.S. company has gone bankrupt.
9:46:54AM The Dutch are still investing in and developing this.
9:46:58AM Anyway it's important to realize, byproduct of the mining of
9:47:04AM gypsum is fluoride.
9:47:05AM So I don't doubt that some CEO got a lot of bucks from
9:47:09AM turning a disposable -- disposal charge into some sort of
9:47:14AM product, byproduct making money.
9:47:17AM So it's important to think about that.

9:47:20AM Anyway, where I left off last time was about the festivals.
9:47:24AM It was on the agenda last week.
9:47:26AM And I don't have it to show you for about a third time.
9:47:31AM About beans, beans are in the smoothie jack in the giant
9:47:36AM slayer.
9:47:37AM Which is now leaving the theaters.
9:47:38AM But you can get the disc.
9:47:40AM You can get the -- used to be tapes years ago.
9:47:43AM But what's good about it is think about the giant and what
9:47:48AM happens to him when the bean gets inside of him.
9:47:50AM Because that's you in a way.
9:47:53AM You're these bad creatures of beans.
9:47:57AM I pass things around.
9:47:58AM There's not only ka nab mean.
9:48:01AM But there's another one I've discovered in the literature
9:48:04AM called -- they abbreviate it AZE.
9:48:07AM Azetidine 2 carboxylic acid.
9:48:11AM But beans are valuable.
9:48:12AM They're a valuable protein source.
9:48:14AM They're an alternative to meat.
9:48:16AM And the thing is that we don't know what the bad effects of
9:48:20AM this will be.
9:48:21AM But do read the ingredients labels on the foods you eat.
9:48:25AM You'll see hydrolyzed soil protein.
9:48:27AM In other words, they discovered something bad about

9:48:29AM something that can that's in everything you eat.
9:48:33AM I'll continue.
9:48:34AM >>CHARLIE MIRANDA: Thank you very much.
9:48:34AM I was wondering what happened to me.
9:48:36AM I just found out.
9:48:37AM >> Yeah, because black beans.
9:48:40AM >>CHARLIE MIRANDA: Black beans are terrible.
9:48:41AM You produce more natural, you know what.
9:48:44AM [ Laughter ]
9:48:45AM >>CHARLIE MIRANDA: Next please?
9:48:48AM Next please.
9:48:57AM Frank R Williams, senior, paradise missionary Baptist
9:49:02AM church.
9:49:03AM And I have to ask you all a question.
9:49:06AM And I hope you'll all be intelligent enough to give me the
9:49:10AM right answer.
9:49:11AM Do the City Council represent black and Mexicans or do they
9:49:15AM just represent white folks only?
9:49:18AM Can I get an answer please?
9:49:21AM >>CHARLIE MIRANDA: Well, I think they represent everyone.
9:49:23AM >> I don't think so.
9:49:25AM They put a fence around my church there.
9:49:28AM And that fence has been around there for about, I can't get
9:49:31AM into my right-of-way.
9:49:32AM I don't have an alleyway.

9:49:34AM And that fence has been around there for, going on four
9:49:37AM years.
9:49:38AM And I talked with the code enforcement officer, law
9:49:42AM enforcement officer, everybody.
9:49:44AM And nobody pays me any attention.
9:49:46AM And I got to ask you another question.
9:49:49AM When is white history month?
9:49:52AM Because I got a lot of history about white folks.
9:49:55AM And I'm going to pass out one of my agendas, want you all to
9:49:59AM read it.
9:50:00AM You ain't got to let your lawyer research or read it for
9:50:03AM yourself.
9:50:03AM [inaudible]
9:50:11AM >> We are human beings, just like anybody else.
9:50:13AM And especially when you come up against the church of God
9:50:17AM and Christ, then I think you all are in trouble.
9:50:19AM I'm passing out this here flier so you all can read it.
9:50:22AM And read it thoroughly.
9:50:24AM And I would like to get an answer from you.
9:50:26AM And tell me exactly what I asked you.
9:50:29AM When is white history month?
9:50:31AM Thank you.
9:50:32AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:50:33AM Next?
9:50:33AM Anyone else care to address Council for three minutes?

9:50:39AM I see no one else.
9:50:40AM We go to requests for the public.
9:50:42AM Anyone in the audience care request for reconsideration of
9:50:45AM legislative matters of the last Council meeting?
9:50:48AM See no one.
9:50:51AM We go to committee reports.
9:50:53AM Items 7 through 29.
9:50:55AM These are items 7 and 8 are ordinances for first reading we
9:51:09AM go from right to left own item number 7.
9:51:12AM Mr. Suarez, would you kindly take number 7, please?
9:51:15AM >>MIKE SUAREZ: Thank you, chair.
9:51:16AM I present an ordinance for first reading consideration, an
9:51:19AM ordinance of the City of Tampa, Florida making revisions to
9:51:21AM the City of Tampa code of ordinances, chapter 22, streets
9:51:24AM and sidewalks, amending article I, division 3, subdivision
9:51:30AM nine, sidewalk cafes, repealing all ordinances or parts of
9:51:33AM ordinances in conflict there with, providing for
9:51:35AM severability, providing an effective date.
9:51:37AM >> Second.
9:51:38AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, have a
9:51:39AM second by Mr. Cohen.
9:51:40AM All in favor of the motion, please indicate by saying aye.
9:51:43AM Opposed nay.
9:51:44AM The ayes have it unanimously.
9:51:47AM >>THE CLERK: And the second reading of the ordinance will be

9:51:49AM held April 18th at 9:30 a.m.
9:51:51AM And that was with Capin being absent at vote.
9:51:55AM >>CHARLIE MIRANDA: Item number 8, Mr. Reddick, would you
9:51:57AM kindly take number aid?
9:51:59AM >>FRANK REDDICK: Thank you, Mr. Chairman.
9:52:00AM Move an ordinance being presented for first reading
9:52:02AM consideration.
9:52:02AM An ordinance approving an historic preservation property tax
9:52:07AM exemption application relative to the restoration,
9:52:10AM renovation and rehabilitation of certain property owned by
9:52:13AM Todd C McDowell and Lydia M McDowell, located at 721 south
9:52:18AM Willow Avenue, Tampa, Florida, in the Hyde Park historic
9:52:21AM district, based upon certain findings, providing for notice
9:52:24AM to the property appraiser of Hillsborough County, providing
9:52:27AM for severability, providing for repeal of all ordinances in
9:52:30AM conflict, providing an effective date.
9:52:32AM >> Second.
9:52:32AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, have a
9:52:34AM second by Mr. Suarez on item number 8.
9:52:36AM All in favor of the motion, please indicate by saying aye.
9:52:38AM Opposed nay.
9:52:39AM The ayes have it unanimously.
9:52:41AM >>THE CLERK: And the second reading of the ordinance will be
9:52:44AM held April the 18th at 9:30 a.m.
9:52:46AM And that vote was with Capin being absent at vote.

9:52:52AM >>CHARLIE MIRANDA: Okay, we go to public safety committee
9:52:55AM chair, Mr. Frank Reddick.
9:52:57AM >>FRANK REDDICK: Thank you Mr. Chair.
9:52:58AM Move items 9 and 10.
9:53:00AM >> Second.
9:53:00AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, have a
9:53:02AM second by Mr. Cohen.
9:53:03AM All in favor of that motion, please indicate by saying aye.
9:53:04AM Opposed nay.
9:53:06AM The ayes have it unanimously.
9:53:07AM Parks, recreation, culture committee chair, Ms. Mary
9:53:14AM Mulhern.
9:53:15AM >>MARY MULHERN: Thank you, Mr. Chairman.
9:53:16AM I move items number 11 through 17.
9:53:19AM >> Second.
9:53:19AM >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, have a
9:53:21AM second by Mr. Cohen, all in favor of the motion, please
9:53:24AM indicate by saying aye.
9:53:25AM Opposed nay.
9:53:26AM The ayes have it unanimously.
9:53:26AM Public works chair, Mr. Mike Suarez.
9:53:31AM >>MIKE SUAREZ: Thank you, chair.
9:53:31AM I move items 18 through 20.
9:53:33AM >> Second.
9:53:34AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, I have a

9:53:35AM second by Mr. Reddick.
9:53:36AM All in favor of the motion, please indicate by saying aye.
9:53:38AM Opposed nay.
9:53:40AM The ayes have it unanimously.
9:53:40AM I believe one of these items and Mr. Cohen's is the ones
9:53:45AM we're going to discuss.
9:53:46AM Mr. Cohen?
9:53:47AM Finance committee chair motorcycles Harry Cohen.
9:53:50AM >>HARRY COHEN: Thank you, Mr. Chair.
9:53:51AM I move items 21 and 23.
9:53:54AM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
9:53:56AM Ms. Montelione in close vote with Mr. Reddick.
9:53:59AM All in favor of the motion, signify by saying aye.
9:54:01AM Opposed nay.
9:54:02AM The ayes have it unanimously.
9:54:02AM Building and zoning preservation chair, Ms. Montelione.
9:54:12AM >>LISA MONTELIONE: Thank you, sir.
9:54:13AM I move items 24 through 27.
9:54:15AM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
9:54:18AM by Mr. Suarez.
9:54:18AM All in favor of the motion, please indicate by saying aye.
9:54:21AM The ayes have it unanimously.
9:54:21AM Transportation committee vice chair Mr. Frank Reddick.
9:54:25AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:54:26AM I move items 28 and 29 on behalf of Chairwoman Capin.

9:54:32AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
9:54:35AM Ms. Mulhern.
9:54:36AM All in favor of the motion, please indicate by saying aye.
9:54:37AM Opposed nay.
9:54:39AM The ayes have it unanimously.
9:54:39AM Need to pass resolution to set a public hearing on item
9:54:43AM number 30.
9:54:44AM >> So moved.
9:54:45AM >> Second.
9:54:45AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
9:54:47AM Ms. Montelione in close vote with Mr. Suarez.
9:54:49AM All in favor of the motion, please indicate by saying aye.
9:54:51AM Opposed nay.
9:54:52AM The ayes have it unanimously.
9:54:55AM >>CHARLIE MIRANDA: Need to open item 31.
9:54:57AM >> So moved.
9:54:58AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
9:54:59AM Mr. Cohen.
9:55:00AM All in favor of the motion, please indicate by saying aye.
9:55:01AM Opposed nay.
9:55:03AM The ayes have it unanimously.
9:55:03AM Okay.
9:55:06AM Anyone in the audience care to speak on item number 31?
9:55:10AM See no one.
9:55:12AM Need a motion to close.

9:55:13AM >> So moved.
9:55:14AM >>CHARLIE MIRANDA: Motion by Mr. Reddick to close, second by
9:55:16AM Ms. Montelione.
9:55:17AM All in favor of the motion, please indicate by saying aye.
9:55:18AM Opposed nay.
9:55:20AM The ayes have it unanimously.
9:55:20AM Ms. Mulhern, would you kindly take item number 31?
9:55:25AM >>MARY MULHERN: Thank you Mr. Chairman.
9:55:27AM I move an ordinance being presented for second reading and
9:55:28AM adoption.
9:55:29AM An ordinance of the City of Tampa, Florida, amending City of
9:55:32AM Tampa code of ordinances chapter 26, article III, section
9:55:37AM 90, providing for repeal of all ordinances in conflict;
9:55:41AM providing an effective date.
9:55:45AM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
9:55:47AM Mr. Suarez.
9:55:48AM It's a roll call vote.
9:55:49AM Vote and record.
9:55:57AM >>THE CLERK: Motion carried unanimously.
9:56:00AM >>CHARLIE MIRANDA: Need a motion to open items 32 through
9:56:04AM 42.
9:56:05AM >> So moved.
9:56:06AM >> Second.
9:56:06AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
9:56:09AM Mr. Suarez.

9:56:11AM Calling 32 to open.
9:56:16AM The ayes have it unanimously.
9:56:17AM 32 to 42 are open.
9:56:18AM These are quasi-judicial proceedings.
9:56:20AM All witnesses that are going to speak on items or anyone
9:56:23AM else, 32 through 42 must be sworn in.
9:56:26AM Anyone in the audience who is going to speak on these or
9:56:29AM think they're going to speak, please stand up and be sworn
9:56:31AM in.
9:56:32AM [Oath administered by Clerk]
9:56:41AM >> Item number 32.
9:56:44AM >>ABBYE FEELEY: Abbye Feeley, land development.
9:56:46AM Item 32 is a special use for alcoholic beverage that has an
9:56:49AM associated rezoning.
9:56:50AM I would ask Chairman Miranda if you could please hold 32
9:56:54AM till after we do number 38.
9:56:57AM >>CHARLIE MIRANDA: No problem.
9:56:58AM We'll hold 32 to when we get to 38, we'll take 38 first and
9:57:01AM then 32.
9:57:04AM >>ABBYE FEELEY: Thank you.
9:57:05AM In addition all plans that require certification have been
9:57:07AM certified.
9:57:08AM I do have copies of those if you'd like to see them.
9:57:10AM If not, they've been provided to the clerk.
9:57:13AM Thank you.

9:57:14AM >>LISA MONTELIONE: Thank you, Mr. Chair, 32 and 38 I will be
9:57:17AM abstaining from.
9:57:18AM Mr. Shelby has the forms.
9:57:20AM >>MARTIN SHELBY: Could you please state the reason for you
9:57:22AM the abstention.
9:57:23AM >>LISA MONTELIONE: The applicant's representative may be
9:57:25AM doing a contract in the near future with my fiance's company
9:57:31AM andty don't, I just want to submit those forms in case that
9:57:34AM contract goes through.
9:57:36AM >>MARTIN SHELBY: Thank.
9:57:37AM >> You Mr. Cohen?
9:57:38AM >>HARRY COHEN: I'll just do this at the same time.
9:57:40AM I'm abstaining from item number 37.
9:57:43AM >>MARTIN SHELBY: If we can do that right before the vote.
9:57:46AM >> Thank you.
9:57:47AM >>CHARLIE MIRANDA: We go now to 33.
9:57:48AM Want to hold 32 till after 38.
9:57:52AM Then we'll -- 33 please.
9:57:54AM Anyone in the audience care to speak on item number 33?
9:57:59AM I see no one.
9:58:03AM >> Move to close.
9:58:04AM >> Second.
9:58:05AM >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, second by
9:58:07AM Suarez.
9:58:07AM All in favor of the motion, please indicate by saying aye.

9:58:09AM Opposed nay.
9:58:10AM The ayes have it unanimously.
9:58:10AM Mr. Cohen, would you kindly take number 33, please?
9:58:16AM >>HARRY COHEN: Thank you, Mr. Chair.
9:58:17AM I move an ordinance being presented for second reading and
9:58:20AM adoption.
9:58:20AM An ordinance approving a special use personalities S-2
9:58:24AM approving parking, off-street commercial in an RS-75
9:58:28AM residential single-family zoning district in the general
9:58:31AM vicinity of 4715 questions Ballast Point Boulevard, in the
9:58:35AM City of Tampa, Florida, and as more particularly described
9:58:38AM in section 1 hereof, providing an effective date.
9:58:41AM >> Second.
9:58:41AM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, have a
9:58:43AM second by Mr. Suarez.
9:58:45AM This is a roll call vote.
9:58:46AM Vote and record.
9:58:55AM >>THE CLERK: Motion carried unanimously.
9:59:00AM >>CHARLIE MIRANDA: Item number 34.
9:59:01AM Anyone in the public care to speak on item number 34?
9:59:06AM See no one.
9:59:10AM >> Move to close.
9:59:11AM >>CHARLIE MIRANDA: You gentlemen are not speaking on 34, are
9:59:13AM you?
9:59:14AM Motion to close by Mr. Reddick, second by Mr. Cohen.

9:59:17AM All in favor of the motion, please indicate by saying aye.
9:59:19AM The ayes have it unanimously.
9:59:19AM Ms. Montelione, would you kindly take number 34, please.
9:59:27AM >>LISA MONTELIONE: Yes, sir, thank you.
9:59:28AM I move an ordinance for second reading and adoption, an
9:59:30AM ordinance rezoning property in the general vicinity of 3603,
9:59:34AM 3605, and 3613 South MacDill Avenue and 3101 and 3103, west
9:59:40AM Euclid avenue in the City of Tampa, Florida, more
9:59:43AM particularly described in section 1, from zoning district
9:59:46AM classifications PD, planned development, residential
9:59:48AM single-family attached to PD, planned development,
9:59:51AM residential single-family semi-detached and detached,
9:59:55AM providing an effective date.
9:59:55AM >> Second.
9:59:56AM >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione, I
9:59:58AM have a second by Mr. Suarez on 34.
10:00:00AM Roll call vote.
10:00:01AM Vote and record.
10:00:08AM >>THE CLERK: Motion carried unanimously.
10:00:11AM >>CHARLIE MIRANDA: Go to item 35.
10:00:13AM Anyone in the audience care to speak on item 35?
10:00:17AM I see no one.
10:00:19AM >> Motion to close.
10:00:21AM >>CHARLIE MIRANDA: Motion to close by Mr. Suarez.
10:00:22AM Second by Ms. Mulhern.

10:00:24AM All in favor of the motion, please indicate by saying aye.
10:00:27AM The ayes have it unanimously.
10:00:28AM Mr. Suarez, would you kindly take number 35, please?
10:00:31AM >>MIKE SUAREZ: Thank you, chair.
10:00:32AM I move an ordinance being presented for second reading and
10:00:35AM adoption.
10:00:35AM An ordinance rezoning property in the Verne vicinity of
10:00:37AM 36105 west Azeele Street, in the City of Tampa, Florida and
10:00:41AM more particularly described in section 1, from zoning
10:00:44AM district classification PD, planned development, office,
10:00:47AM business professional, to PD, planned development, all
10:00:49AM residential office, RO, uses and offers, medical, providing
10:00:53AM an effective date.
10:00:55AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
10:00:57AM Mr. Reddick.
10:00:58AM Roll call vote.
10:00:59AM Vote and record.
10:01:02AM >>THE CLERK: Motion carried unanimously.
10:01:11AM >>CHARLIE MIRANDA: Item number 36.
10:01:13AM Anyone in the audience care to speak on item number 36?
10:01:17AM I see no one.
10:01:18AM Need a motion to close.
10:01:19AM >> So moved.
10:01:20AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
10:01:22AM Mr. Cohen to close 36.

10:01:24AM All in favor of the motion, please indicate by saying aye.
10:01:25AM Opposed nay.
10:01:26AM The ayes have it unanimously.
10:01:27AM Ms. Capin, would you kindly take number 36, please?
10:01:33AM >>YVONNE CAPIN: Ordinance being presented for second reading
10:01:36AM and adoption, an ordinance rezoning property in the general
10:01:40AM vicinity of 2702 West Comanche Avenue in the City of Tampa,
10:01:43AM Florida and more particularly described in section 1, from
10:01:46AM zoning district classifications, RS-50, residential
10:01:49AM single-family, to PD, planned development residential
10:01:52AM single-family detached and attached, providing an effective
10:01:57AM date.
10:01:57AM >> Second.
10:01:58AM >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second
10:02:00AM bring Suarez.
10:02:01AM Roll call vote.
10:02:01AM Vote and record.
10:02:03AM >>THE CLERK: Motion carried unanimously.
10:02:13AM >>CHARLIE MIRANDA: Ms. Mulhern?
10:02:20AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:02:21AM I meant to, should've moved this at our, off the agenda, new
10:02:27AM business items.
10:02:28AM But I'd like to pass a resolution supporting the military
10:02:34AM family and community covenant day.
10:02:38AM >>CHARLIE MIRANDA: All right.

10:02:39AM Can we just -- all right.
10:02:41AM We can do that right now.
10:02:43AM Have a motion by Ms. Mulhern, second by Mr. Suarez on the
10:02:46AM resolution.
10:02:47AM All in favor of the motion, please indicate by saying aye.
10:02:48AM Opposed nay.
10:02:50AM The ayes have it unanimously.
10:02:51AM Thank you very much.
10:02:57AM >>CHARLIE MIRANDA: All right.
10:02:57AM Gee to item number 37.
10:03:00AM Anyone in the audience care to speak on item number 37?
10:03:05AM >>HARRY COHEN: Mr. Chair, I'll be abstaining from item
10:03:08AM number 37 because my father is one of the petitioners.
10:03:10AM >>CHARLIE MIRANDA: Thank you.
10:03:13AM >>CHARLIE MIRANDA: I see no one.
10:03:14AM Need a motion to close.
10:03:14AM >> So moved.
10:03:15AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick to close,
10:03:17AM second by Mr. Suarez.
10:03:18AM All in favor of the motion, please indicate by saying aye.
10:03:19AM Opposed nay.
10:03:21AM The ayes have it unanimously.
10:03:21AM Mr. Reddick, would you kindly take number 37, please?
10:03:25AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:03:26AM Move an ordinance being presented for second reading and

10:03:29AM adoption.
10:03:29AM An ordinance rezoning property in the general vicinity of
10:03:33AM 3224 West Gandy Boulevard in the City of Tampa, Florida and
10:03:36AM more particularly described in section 1, from zoning
10:03:38AM district classification CG, commercial general, to PD,
10:03:42AM planned development, residential multi-family, providing an
10:03:44AM effective date.
10:03:46AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
10:03:48AM Ms. Mulhern.
10:03:49AM Roll call vote.
10:03:50AM Vote and record.
10:03:58AM >>THE CLERK: Motion carried with Cohen abstaining.
10:04:07AM >>CHARLIE MIRANDA: Go to item number 38.
10:04:08AM Anyone in the audience care to speak on item number 38?
10:04:12AM I see no one.
10:04:12AM Need a motion to close.
10:04:14AM >> So moved.
10:04:15AM >> Second.
10:04:15AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, second
10:04:15AM by Mr. Suarez to close.
10:04:17AM All in favor of the motion, please indicate by saying aye.
10:04:20AM Opposed nay.
10:04:22AM One aye got it.
10:04:23AM Thank you very much.
10:04:23AM Item number 38.

10:04:25AM Ms. Mulhern, would you kindly take number 38, please?
10:04:31AM >>MARY MULHERN: Thank you Mr. Chairman.
10:04:32AM I move item number 38, ordinance being presented for second
10:04:36AM reading and adoption.
10:04:37AM An ordinance rezoning property in the general vicinity of
10:04:40AM 220506 and 2210 north Central Avenue in the City of Tampa,
10:04:47AM Florida, and more particularly described in section 1, from
10:04:49AM zoning district classification RM-24, residential
10:04:53AM multi-family, to PD, planned development, restaurant and
10:04:56AM residential single-family semi-detached, providing an
10:04:59AM effective date.
10:05:01AM >> Second.
10:05:02AM >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern on 38,
10:05:05AM second by Mr. Suarez.
10:05:06AM Roll call vote.
10:05:07AM Vote and record.
10:05:08AM >>THE CLERK: Motion carried with Montelione abstaining and
10:05:22AM Reddick being absent at vote.
10:05:26AM >>CHARLIE MIRANDA: We go back now to item number 32.
10:05:29AM Companion of 38.
10:05:31AM Anyone in the audience care to speak on item number 32?
10:05:34AM Seeing no one.
10:05:36AM Motion to close by Mr. Cohen, second by Mr. Suarez.
10:05:38AM All in favor of the motion, please indicate by saying aye.
10:05:40AM Opposed nay.

10:05:41AM The ayes have it unanimously.
10:05:42AM Mr. Cohen, would you kindly take number 32, please?
10:05:46AM >>HARRY COHEN: Thank you, Mr. Chair.
10:05:47AM I move an ordinance approving a special use permit S-2 for
10:05:52AM alcoholic beverage sales, small venue consumption on
10:05:55AM premises and package sales off premises, and making lawful
10:05:59AM the sale of beer and wine at or from that certain, lot,
10:06:02AM plat, or tract of land located at 2206 and 2210 North
10:06:08AM Central Avenue, Tampa, Florida, as more particularly
10:06:10AM described in section 3, that all ordinances or parts of
10:06:13AM ordinances in conflict are repealed, providing an effective
10:06:15AM date.
10:06:17AM >> Second.
10:06:17AM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
10:06:21AM Ms. Mulhern on extremely close vote, Mr. Suarez.
10:06:24AM Roll call vote.
10:06:25AM Vote and record.
10:06:27AM >>THE CLERK: Motion carried with Montelione abstaining and
10:06:38AM Reddick being absent at vote.
10:06:41AM >>CHARLIE MIRANDA: Go to item number 39.
10:06:43AM Anyone in the audience care to speak on item 39?
10:06:48AM See no one.
10:06:50AM >> Move to close.
10:06:51AM >>CHARLIE MIRANDA: I have a motion to close by Mr. Suarez.
10:06:54AM Second by Ms. Mulhern.

10:06:56AM All in favor of the motion, please indicate by saying aye.
10:06:58AM The ayes have it unanimously.
10:06:58AM Mr. Suarez, would you kindly take number 39, please?
10:07:04AM >>MIKE SUAREZ: Thank you, chair.
10:07:05AM I move an ordinance being presented for second reading and
10:07:07AM adoption, an ordinance rezoning property in the general
10:07:10AM vicinity of 3411, 3413 and 3413 and a half, West Tampa bay
10:07:17AM Boulevard in the City of Tampa, Florida and more
10:07:18AM particularly described in section 1, from zoning district
10:07:21AM classification, RS-50, residential single-family, to PDF,
10:07:25AM planned development, restaurant, retail and residential
10:07:28AM single-family detached, providing an effective date.
10:07:31AM >> Second.
10:07:31AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, I have a second by
10:07:33AM Ms. Mulhern.
10:07:34AM This is a roll call vote.
10:07:36AM Vote and record.
10:07:38AM >>THE CLERK: Motion carried with Reddick and Montelione
10:07:46AM being absent at vote.
10:07:49AM >>CHARLIE MIRANDA: Item number 40.
10:07:51AM Anyone in the audience care to speak on item number 40?
10:07:54AM I see no one.
10:07:55AM Need a motion to close.
10:07:56AM >> So moved.
10:07:57AM >>CHARLIE MIRANDA: I have a motion to close by Mr. Suarez.

10:07:58AM Second by Mr. Cohen.
10:07:59AM All in favor of the motion, please indicate by saying aye.
10:08:01AM Opposed nay.
10:08:02AM The ayes have it unanimously.
10:08:03AM Mr. Capin, would you kindly take number 40, please?
10:08:06AM >>YVONNE CAPIN: I will.
10:08:07AM Ordinance being presented for second reading and adoption.
10:08:09AM An ordinance rezoning property in the general vicinity of
10:08:12AM 1702 and 1720 West Kennedy Boulevard, 108 and 112 south
10:08:17AM Packwood Avenue, and 111 South Rome Avenue, in the City of
10:08:22AM Tampa, Florida and more particularly described in section 1,
10:08:26AM from zoning district classifications PD, planned
10:08:30AM development, day care, school and office, business
10:08:33AM professional and medical, to PD, planned development, day
10:08:37AM care, school, office, business professional and medical.
10:08:40AM Providing an effective date.
10:08:41AM >> Second.
10:08:42AM >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second by
10:08:44AM Mr. Suarez.
10:08:45AM Roll call vote.
10:08:46AM Vote and record.
10:08:47AM >>THE CLERK: Motion carried with Reddick being absent at
10:08:55AM vote.
10:08:57AM >>CHARLIE MIRANDA: Item number 41.
10:08:58AM Anyone in the audience care to speak on item 41?

10:09:02AM I see no one.
10:09:03AM Need a motion to close.
10:09:06AM >> So moved.
10:09:06AM >>CHARLIE MIRANDA: Motion to close by Mr. Suarez.
10:09:08AM Second by Ms. Montelione.
10:09:09AM All in favor of the motion please indicate by saying aye.
10:09:11AM Opposed nay.
10:09:12AM The ayes have it unanimously.
10:09:13AM Ms. Mulhern, would you kindly take number 41 please?
10:09:18AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:09:19AM I move an ordinance being presented for second reading and
10:09:22AM adoption, an ordinance rezoning property in the general
10:09:25AM vicinity of 5819 South MacDill Avenue in the City of Tampa,
10:09:29AM Florida and more particularly described in section 1, from
10:09:34AM zoning district classifications RS-60, residential
10:09:36AM single-family, and CG, commercial general, to RS-50,
10:09:40AM residential single-family, providing an effective date.
10:09:43AM >> Second.
10:09:44AM >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, second by
10:09:47AM Mr. Suarez for 41.
10:09:48AM Roll call vote.
10:09:49AM Vote and record.
10:09:50AM >>THE CLERK: Motion carried with Reddick being absent at
10:10:00AM vote.
10:10:01AM >>CHARLIE MIRANDA: Item number 42.

10:10:03AM Anyone in the audience care to speak on item number 42?
10:10:06AM See no one.
10:10:07AM Need a motion to close.
10:10:08AM >> So moved.
10:10:09AM >>CHARLIE MIRANDA: Motion by Mr. Suarez to close,
10:10:11AM seconded -- who is going to second?
10:10:15AM Mr. Cohen.
10:10:17AM All in favor, please indicate by saying aye St. Opposed nay.
10:10:22AM The ayes have it unanimously.
10:10:22AM Mr. Cohen, would you kindly take number 42 please?
10:10:25AM >>HARRY COHEN: Thank you Mr. Chair.
10:10:26AM I move an ordinance being presented for second reading and
10:10:29AM adoption, an ordinance rezoning property in the general
10:10:31AM vicinity of 3515 east Columbus Drive in the City of Tampa,
10:10:35AM Florida and more particularly described in section 1 from
10:10:38AM zoning district classification, CI, commercial intensive
10:10:42AM some IG, industrial general, light industrial use, providing
10:10:45AM an effective date.
10:10:47AM >> Second.
10:10:47AM >>CHARLIE MIRANDA: I have a motion for approval by
10:10:49AM Mr. Cohen, second by Ms. Mulhern.
10:10:51AM Roll call vote.
10:10:52AM Vote and record.
10:10:54AM >>THE CLERK: Motion carried with Reddick being absent at
10:11:07AM vote.

10:11:09AM >>CHARLIE MIRANDA: Okay.
10:11:10AM We go to staff reports.
10:11:12AM Item number 43.
10:11:16AM I'll be gun for about a minute.
10:11:24AM >>JULIA MANDELL: Julia Mandell, legal department.
10:11:26AM With City Council motion, I have provided you an ordinance
10:11:28AM which in he is dense adopts the Hillsborough County
10:11:31AM ordinance as a prohibition against synthetic drugs.
10:11:36AM What that ordinance did as I described at our last
10:11:39AM discussion, it provides an opportunity for the county and
10:11:43AM then with this ordinance now the cities to enforce the
10:11:46AM prohibition against synthetic drugs at the local level
10:11:50AM through our code enforcement processes that we have
10:11:52AM available, including as a municipal ordinance violation
10:11:59AM through our special magistrate or through whatever processes
10:12:01AM we have available for code enforcement utilizing our Tampa
10:12:04AM Police Department and our municipal prosecutor.
10:12:06AM The ordinance defines synthetic drugs in a manner that is a
10:12:13AM little bit different than the way the state deals with the
10:12:15AM synthetic drugs and as you may recall we discussed how the
10:12:19AM state did add I think it was 52 substances to its list of
10:12:23AM illegal substances as a class, I think it's a class three
10:12:27AM drug violation.
10:12:28AM I will tell you that the state is at this time going through
10:12:31AM the process of expanding the number of drugs on that list,

10:12:35AM but what this would do is have another method and another
10:12:40AM mechanism to define what those drugs are, how we identify
10:12:43AM what those drugs are, and allow us to enforce through
10:12:47AM municipal ordinance violation code enforcement processes
10:12:50AM that we have in place today.
10:12:51AM I'm available for any questions.
10:12:54AM I know we discussed this somewhat at length at our last
10:12:57AM meeting.
10:12:57AM So I wanted to just go ahead and present you the ordinance
10:13:00AM as requested.
10:13:01AM >> Thank you Ms. Mandell.
10:13:04AM Councilman Reddick?
10:13:06AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:13:07AM Ms. Mandell, let me first commend you for an outstanding
10:13:10AM ordinance that you put together here.
10:13:12AM And one of the things that surprised me the most is that
10:13:16AM when you state in the ordinance as one of the whereass,
10:13:22AM according to the American association of poison control
10:13:25AM centers, exposure to ingestion of synthetic drugs resulting
10:13:30AM in 2,960 emergency medical calls in 2010.
10:13:36AM And 6,095 calls in 2011.
10:13:39AM And as three months up to this point, over 1,901 calls in
10:13:46AM the first three months of 2012 to the poison control center
10:13:49AM across the United States.
10:13:50AM That tells me we have a major problem.

10:13:52AM And it's a serious problem.
10:13:56AM And just the other day to read and see on the news where a
10:14:00AM store owner was arrested, I believe it was in St. Pete, and
10:14:06AM they showed the display with how much he had in one store.
10:14:10AM It was amount of drugs laid out from the police report.
10:14:18AM The police officer room, investigation room where they had
10:14:22AM all this stuff spread out on the table.
10:14:24AM I'm also impressed with this, when I look at the enforcement
10:14:33AM and penalty section of the ordinance.
10:14:35AM I'm thankful that you decided to put in a penalty clause
10:14:42AM where they can pay up to $500.
10:14:47AM And also possibility of imprisonment term up to 60 days in
10:14:52AM jail.
10:14:53AM I would hope as we pass this day, and chair, once others
10:15:00AM have a chance to speak, I will ask to make a motion to move
10:15:02AM this.
10:15:03AM But I just want to say, I hope that we'll fine a $500 and up
10:15:12AM to 60 days in prison time, that these individuals that are
10:15:16AM selling this stuff in these stores and these communities,
10:15:19AM not only is going to hurt them financially, but they also
10:15:23AM have an obligation threatening them to go to jail.
10:15:27AM And this is going to put a dent in their business and also
10:15:30AM this will be a misdemeanor offense, would that be right?
10:15:35AM >>JULIA MANDELL: Wouldn't be considered a misdemeanor
10:15:36AM offense.

10:15:37AM It would be considered a municipal code violation.
10:15:39AM Which has the same violation meaning as a fine and prison
10:15:45AM term.
10:15:46AM But under Florida statutes, it's not deemed a misdemeanor.
10:15:50AM >>FRANK REDDICK: Thank you.
10:15:50AM And as I stated, Mr. Chair, Mr. Miranda, I want to just go
10:15:56AM on record I want to commend Ms. Mandell and her staff who
10:15:59AM put this together, and I want us to go forward with this so
10:16:04AM when other Councilmembers finish speaking, I'd like to make
10:16:07AM a motion to move this ordinance.
10:16:09AM >>CHARLIE MIRANDA: Thank you, sir.
10:16:09AM Mr. Suarez?
10:16:11AM >>MIKE SUAREZ: Thank you, chair.
10:16:11AM Ms. Mandell, I reiterate what Mr. Reddick has said.
10:16:15AM This is an excellent ordinance.
10:16:17AM Quick question about what's going on withing the state.
10:16:19AM Those synthetic drugs that may be new, newly identified,
10:16:26AM would then the legislature if they do pass something, is
10:16:29AM there a way to capture those within this ordinance as an
10:16:33AM ongoing process?
10:16:35AM Or how is that going to work with state law comes into
10:16:40AM force, do we use this also as enforcement mechanism for that
10:16:45AM state law?
10:16:45AM Manned.
10:16:47AM >> Can we?

10:16:49AM >>JULIA MANDELL: Yes we can.
10:16:50AM If I could give a little history on the state.
10:16:53AM We had another discussion about this and the attorney
10:16:55AM general issued an emergency order adding additional
10:16:58AM substances per her authority under the constitution.
10:17:03AM The state would be simply adopting into law what was done
10:17:06AM through her emergency authority.
10:17:08AM What this would do is act to move, together with what's in
10:17:13AM the state statute, because it identifies the substances not
10:17:16AM through their chemical composition per se, but how they're
10:17:20AM marketed, how they're labeled, where they're located in the
10:17:24AM store.
10:17:24AM The types of stores they're in.
10:17:27AM It's really an alternative mechanism using our municipal
10:17:30AM authority to get to the place that we can work together with
10:17:34AM what's in the state law, however that gets expanded to
10:17:37AM enforce both from a criminal and a municipal violation, to
10:17:42AM deal with these substance.
10:17:45AM >>MIKE SUAREZ: As a practical manager.
10:17:47AM Let's say there's commission of a different crime in a
10:17:49AM particular convenience store, that is also in violation of
10:17:53AM code enforcement.
10:17:54AM Request a police officer then identify those products that
10:17:58AM are there to code enforcement?
10:18:00AM Or does it -- how would that work as a practical matter?

10:18:04AM >>JULIA MANDELL: This gives the Tampa Police Department the
10:18:07AM same authority as code enforcement officers, so whichever --
10:18:13AM I put in the most broad opportunities for enforcement that I
10:18:16AM felt legally we could utilize.
10:18:19AM So that in whatever inform or capacity that, those
10:18:24AM substances are being identified will have a variety of
10:18:26AM options.
10:18:27AM >>MIKE SUAREZ: Thank you very much.
10:18:28AM And that's what I read.
10:18:29AM I wanted to make sure I was clear about that because you
10:18:31AM know, when you put in there code enforcement officer or a
10:18:34AM police officer, I wanted to make sure that that is exactly
10:18:37AM what we're looking at.
10:18:38AM Thank you, Ms. Mandell.
10:18:40AM And if it's okay with Mr. Reddick, I'd second when we're
10:18:44AM done here.
10:18:46AM >>CHARLIE MIRANDA: Ms. Montelione?
10:18:47AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:18:49AM I just wanted to point out that I had brought part B in case
10:18:54AM we did not move forward with part A.
10:18:56AM So, since it looks like part S a going to pass and we are
10:19:00AM going to have that ordinance on the books, I would remove
10:19:03AM part, your having to speak to part B of this agenda item.
10:19:08AM >>CHARLIE MIRANDA: Thank you very much.
10:19:09AM Any other Councilmembers who has not spoken, speak now?

10:19:12AM I just want to thank yourself and the other Councilmembers
10:19:17AM have spoken about this ordinance, we live today in a society
10:19:22AM that, it's only looking at money.
10:19:23AM Doesn't care what it does to a lot of people.
10:19:26AM I'm not saying all of us.
10:19:27AM But these are individuals that want to do and prey on people
10:19:30AM that really don't need to do this.
10:19:33AM And just you read the papers every day, and watch Twiggs and
10:19:38AM listen to the radio.
10:19:40AM Watch Twiggs, and listen to the radio.
10:19:43AM The atrocities we commit, from being held against your will,
10:19:46AM in the other paper the other day, to doing things that are
10:19:50AM horrific.
10:19:51AM And these are things I'm so grateful that individuals like
10:19:54AM yourself and this government will not stand still for these
10:19:58AM kind of atrocities.
10:19:59AM Thank you very much.
10:20:00AM Mr. Reddick?
10:20:01AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:20:03AM I'd like to move the ordinance, this ordinance for first
10:20:06AM reading consideration, presented by legal department
10:20:10AM pertaining to the synthetic drugs.
10:20:12AM >> Second.
10:20:14AM >> We have to read it.
10:20:18AM With the title.

10:20:20AM >>FRANK REDDICK: Move an ordinance of the City of Tampa,
10:20:22AM Florida making revision to the City of Tampa code of
10:20:25AM ordinances chapter 14, 14-74, reserve, creating section
10:20:31AM 14-74, synthetic drugs, providing for the prohibition of the
10:20:36AM possession, sale or manufacture of synthetic drugs,
10:20:42AM providing for severability; repealing all ordinances or
10:20:44AM parts of ordinances in conflict therewith; providing an
10:20:46AM effective date.
10:20:47AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, I have a
10:20:49AM second by Mr. Suarez.
10:20:50AM All in favor of the motion, please indicate by saying aye.
10:20:54AM And just to maintain the clear record, need a motion to
10:20:58AM remove part B.
10:20:59AM Ms. Montelione made that.
10:21:01AM Second by Mr. Suarez.
10:21:02AM Close vote.
10:21:03AM Mr. Cohen.
10:21:03AM All in favor of that motion, please indicate by saying aye.
10:21:05AM Opposed nay.
10:21:08AM The ayes have it unanimously.
10:21:09AM >> And the second reading of the ordinance will be held
10:21:11AM April the 18th at 9:30 a.m.
10:21:14AM >>JULIA MANDELL: Thank you very much, Council.
10:21:16AM >>CHARLIE MIRANDA: We go to item number 44.
10:21:20AM >> Good morning, Mr. Chairman.

10:21:22AM Council.
10:21:22AM Greg Bayor, director of parks and recreation.
10:21:25AM I'm here to give you an update on the current status of
10:21:28AM funding for pools and I would also like to give you a moment
10:21:31AM of our status for our aquatics program for the summer.
10:21:36AM Funding for pools as you know in the FY13 to 17 capital, we
10:21:40AM have funded, current fiscal year, $3.5 million of which 1.1
10:21:48AM is going to Williams and bids are under review right now for
10:21:51AM Jenkins, where we flush out on 3. I guess.
10:21:56AM >> I'm having a hard time hearing you.
10:21:58AM Can you speak up or get closer to the mic?
10:22:00AM >> I was born too tall I guess for these microphones.
10:22:04AM >> Mic was made too short.
10:22:06AM [ Laughter ]
10:22:11AM >> We do have funded 3.5 million this year.
10:22:14AM 1.1 for Williams.
10:22:16AM And Jenkins, the bids are in, and we're going through the
10:22:19AM bid process right now.
10:22:21AM So we'll see what we have left in this year.
10:22:23AM For next year we have earmarked for Cuscaden and Bobby Hicks
10:22:27AM pools, 2.5 million.
10:22:29AM I would once again caution that Williams did come in at 50%
10:22:32AM higher.
10:22:33AM We'll know better what our estimates are likely for Jenkins
10:22:36AM for next year.

10:22:37AM That's basically where we stand for the funding for the
10:22:39AM capital projects.
10:22:40AM Part of the request for me to come forward also was to
10:22:46AM present anybody who's come forward with potential funding
10:22:49AM and to date, Councilman Cohen has given me a name last
10:22:54AM night.
10:22:54AM I have not pursued what the potential outside funding might
10:22:58AM be for the aquatics facility.
10:23:03AM >>HARRY COHEN: I want to clarify.
10:23:05AM When you say there is that money in next year's budget --
10:23:08AM how much is 2.4 million?
10:23:10AM >> 2.5.
10:23:12AM >> 2.5 for Bobby Hicks and Cuscaden.
10:23:16AM So is the vision to make the needed repairs and renovations
10:23:20AM to both pools next year if it can be done within that
10:23:23AM $2.5 million?
10:23:24AM >> If it can be done within that.
10:23:27AM >>HARRY COHEN: And do you have a list at this point of what
10:23:30AM you're proposing to do at Bobby Hicks and what -- you had
10:23:34AM some idea what it might cost to gets Cuscaden up and running
10:23:39AM again?
10:23:39AM >> Yes, we do.
10:23:40AM Let me find that information.
10:23:42AM Cuscaden is 1.5.
10:23:50AM Bobby Hicks, we have not flushed out yet.

10:23:52AM One of the other areas we'd like to also present to you so
10:23:55AM you can make, if there's a difficult choice, we'd like to
10:23:58AM read you criteria.
10:23:59AM We are developing statistics and demographics of social need
10:24:03AM where pools and recreational opportunities nearby.
10:24:05AM So if it comes down to a tough choice, we'll have some data
10:24:09AM to work from.
10:24:10AM >>HARRY COHEN: But I just want to be clear because I think
10:24:12AM this is a fairly significant development, that we have
10:24:15AM 1.5 million for, sounds like 1.5 million for Cuscaden and
10:24:22AM one million for Bobby Hicks.
10:24:24AM >> At this time.
10:24:24AM >> That's wonderful.
10:24:26AM That's great news.
10:24:27AM >> That's what's earmarked.
10:24:29AM We have to bring it forward.
10:24:31AM >>HARRY COHEN: But there's something.
10:24:32AM We're starting from a point of something.
10:24:34AM >> The proposal is there.
10:24:35AM You'll have to of course approve those funds.
10:24:39AM >>HARRY COHEN: Thank you.
10:24:39AM >>CHARLIE MIRANDA: Ms. Mulhern and Mr. Reddick in that
10:24:42AM order.
10:24:43AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:24:43AM That is good news.

10:24:45AM Glad to hear it.
10:24:47AM I got a call from you the other day, which for me was a
10:24:52AM reminder because I had forgotten we were going to be, we had
10:24:55AM volunteered to look for some private sources.
10:24:58AM I am working on that.
10:25:00AM So I hope to come back with some good news.
10:25:04AM I hope to.
10:25:05AM So I will continue to work on that I guess my question to
10:25:09AM you based on what you have, say for 2013, for this year, and
10:25:16AM then for next year's budget, beyond what you said you had
10:25:20AM budgeted -- and hopefully I got this right.
10:25:27AM You have the funds for that 3.5 million for this year and
10:25:32AM 2.5 for next year?
10:25:34AM >> We have approval for this year 3.5 and we have earmarked
10:25:37AM for next year.
10:25:38AM >>MARY MULHERN: So beyond that, to get what we need to get
10:25:43AM done, how much would we need for each year?
10:25:45AM I'm looking for a goal as we try to raise part of the money.
10:25:49AM >> Actually, so am I.
10:25:51AM The 2011 aquatic study showed $11 million of needs.
10:25:56AM Out there.
10:25:57AM So that's one of the reasons we're trying to develop a
10:25:59AM criteria.
10:26:00AM Give you some choices, as you can pick the worst pools first
10:26:04AM or underserved pools.

10:26:07AM >>MARY MULHERN: So that 11 million, how much have we spent
10:26:11AM budgeted and earmarked?
10:26:13AM >> Just for these two fiscal years.
10:26:15AM >>MARY MULHERN: Just these two?
10:26:17AM >> Yes.
10:26:17AM Total, 6 million.
10:26:19AM >>MARY MULHERN: Six million.
10:26:20AM So we need five million based on that 2011.
10:26:23AM >> And again --
10:26:28AM >>MARY MULHERN: Okay, thanks.
10:26:30AM >>CHARLIE MIRANDA: Mr. Reddick?
10:26:31AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:26:32AM Mr. Bayor, with that 1.1 million that you spoke of, I think
10:26:40AM for next year, for Cuscaden pool, I believe you said
10:26:44AM 1.1 million?
10:26:46AM >> 1.5.
10:26:51AM >>FRANK REDDICK: 1.5, will that be just for the pool only?
10:26:56AM Or will it include the building structure as well?
10:27:02AM >> Cuscaden is all the same.
10:27:05AM Building is the pool.
10:27:06AM So we had no choice.
10:27:07AM We'll have to make those renovations.
10:27:09AM The pool shell as I understand is leaking into the building.
10:27:14AM If we fix one, the other will be repaired also.
10:27:17AM >>FRANK REDDICK: All right.

10:27:17AM And you got this number from a cost analysis that's been
10:27:24AM done on that pool?
10:27:26AM >> On Cuscaden, yes.
10:27:28AM >>FRANK REDDICK: So you have that now.
10:27:30AM >> Yes.
10:27:30AM We have the cost.
10:27:31AM We know the elements which were wrong.
10:27:33AM We don't have the design yet for the schematic.
10:27:37AM >>FRANK REDDICK: So you have 1.5.
10:27:38AM How much additional funds would you need, say if the private
10:27:41AM sector was going to help raise funds?
10:27:44AM How much funds are you looking at?
10:27:47AM If I go to a private source now and say, we need your
10:27:50AM assistance and helping us make sure that this pool is open,
10:27:55AM how much additional funds would you need?
10:27:57AM >> Obviously, talking cheap, we wouldn't turn down anything.
10:28:00AM As an example, Jenkins pool neighborhood came up with half a
10:28:03AM million.
10:28:04AM It's a wide range.
10:28:06AM We use any opportunity for any funds forward.
10:28:08AM If I had to give you a number quick, 50% would be wonderful.
10:28:12AM Have to be cobbled together with many donors.
10:28:17AM >>FRANK REDDICK: Because we're speaking to private
10:28:20AM individuals and I think Mr. Cohen probably has given you the
10:28:25AM names of some of the individuals I have spoke to.

10:28:27AM And they're willing to help.
10:28:35AM And maybe we need to coordinate where a meeting can be set
10:28:38AM up with you and them, so you can have those discussions.
10:28:42AM >> We'd love to talk with them.
10:28:44AM >>FRANK REDDICK: So I will see how to coordinate those
10:28:48AM meetings.
10:28:48AM Because I know they expressed interest and want to get this
10:28:51AM done.
10:28:52AM And I just wanted some general ballpark figures.
10:28:56AM That's why I was asking that, basically how much money you
10:28:59AM need to raise.
10:29:01AM And not knowing that.
10:29:02AM But I think it would be better if we coordinate a meeting
10:29:06AM with you and those individuals and you all can set up and
10:29:09AM have some discussion about this.
10:29:10AM So, I thank you for that information and the same as those
10:29:18AM certain individuals on this Council is willing to use their
10:29:21AM resources and contact to see that we can come up with the
10:29:28AM additional funding to help get this done.
10:29:29AM So thank you.
10:29:30AM >>CHARLIE MIRANDA: Thank you Mr. Reddick, any other
10:29:32AM Councilmember also like to speak at this time?
10:29:33AM >> Could I give you an update?
10:29:35AM >>CHARLIE MIRANDA: Certainly, sir.
10:29:36AM >> We have an exciting aquatics program coming up.

10:29:39AM Our seasonal pools will be open from Memorial Day to Labor
10:29:42AM Day and all open on the 4th of July.
10:29:45AM Weekend hours after school returns at these seasonal pools.
10:29:49AM All 11 pools will be open on Saturday for open swim now.
10:29:53AM Four pools will be open on Sunday, which is new for us.
10:29:56AM Sulphur Springs, Desoto, Interbay and del rio.
10:30:00AM Our department goal was increase swim lessons by 25% this
10:30:03AM summer.
10:30:04AM We're enlisting three summer recreation swim programs, swim
10:30:08AM meets.
10:30:08AM And we're working with PAL and Williams and our new summer
10:30:11AM camp with Al bonds to make sure we get kids to the pools.
10:30:15AM >>CHARLIE MIRANDA: Thank you.
10:30:15AM Appreciate it very much for the great work that you're doing
10:30:18AM and recreation keeps kids off streets.
10:30:21AM >> Yes, sir.
10:30:22AM Thank you.
10:30:22AM >>CHARLIE MIRANDA: Thank you very much.
10:30:23AM Item number 45.
10:30:25AM It's a resolution regarding UGL services, Unicco operations.
10:30:39AM >> Good morning, Mr. Chair, members of Council, Rick
10:30:41AM Hamilton, director of the convention center.
10:30:45AM The item you have before you is for our operational staffing
10:30:49AM services.
10:30:49AM It's formerly been done by company by the name of clean

10:30:52AM event.
10:30:52AM The staff decided with myself, not to extend the option for
10:30:58AM the clean event contract and to go back out on the street
10:31:01AM and see what type of services that we could obtain.
10:31:04AM In addition, the service scope changed quite a bit from what
10:31:09AM was there previously as the previous contractor was just
10:31:12AM mainly responsible for labor.
10:31:14AM This new agreement includes equipment and supplies and
10:31:22AM equipment operators, as the building is nearing 22, going
10:31:27AM into 23rd year of operation, there is more and more needs
10:31:30AM for maintenance and repair within the facility.
10:31:32AM So we tried to increase the scope to include skilled labor,
10:31:37AM things like masons, carpenters, so when something goes wrong
10:31:41AM we have the ability to repair those items.
10:31:43AM There was a direct correlation between the expenses that are
10:31:46AM estimated in this and the number of events that we do per
10:31:49AM year.
10:31:50AM This past year, we did a little over 2,000 events.
10:31:54AM So this contract allows us to service, set up, tear down,
10:32:00AM clean the facilities after all those types of events.
10:32:03AM In addition to that, the same contract allows us to provide
10:32:08AM cleaning and decorating type services to our clients that we
10:32:14AM are reimbursed for.
10:32:16AM So the portion is reimbursable.
10:32:19AM That portion is about 30% of the overall value.

10:32:23AM Happy to answer any questions Council might have.
10:32:25AM >>CHARLIE MIRANDA: Any questions by Councilmembers at this
10:32:27AM time?
10:32:27AM Thank you so much.
10:32:28AM I need someone to move the resolution.
10:32:30AM >> So moved.
10:32:31AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez on item
10:32:34AM number 45, second by Mr. Reddick.
10:32:36AM Moving the resolution.
10:32:37AM All in favor of the motion, please indicate by saying aye.
10:32:38AM Opposed nay.
10:32:40AM The ayes have it unanimously.
10:32:41AM >> Thank you, Council.
10:32:42AM >>CHARLIE MIRANDA: Thank you very much.
10:32:43AM Item number 46.
10:32:51AM >> Good morning, Mr. Chairman and Councilmembers.
10:32:54AM Mike Herr, administrator of public works and utility
10:32:57AM services.
10:32:58AM This is a procurement item and so Greg Spearman will
10:33:02AM probably be joining our discussion and Tonja Brickhouse our
10:33:06AM solid waste director is here today.
10:33:07AM This item is a resolution approving the bid of Republic
10:33:11AM Services of Florida for approving an agreement between the
10:33:15AM City of Tampa and Republic services of Florida for the
10:33:19AM provision of commercial waste collection services for the

10:33:21AM net amount as a bid and agreed upon in an estimated amount
10:33:25AM of $5,046,480 for a three year period for use by the
10:33:32AM department of solid waste and environmental program to
10:33:34AM provide for commercial collection services and 40%, for 40%
10:33:40AM of our city.
10:33:41AM This recommendation of course is a recommendation for the
10:33:49AM most responsible and lowest bid.
10:33:52AM It is for a three year period as I stated.
10:33:55AM There's no question that Republic has the capital and the
10:33:58AM manpower to perform this contract.
10:34:01AM They have met our minority business goal for this contract,
10:34:04AM which we think is important.
10:34:05AM There were no protests filed by the six vendors who
10:34:11AM responded to the invitation to bid.
10:34:13AM The current invitation to bid provides best practices for
10:34:18AM effective eternal controls to prevent underbilling or
10:34:22AM overbilling from occurring.
10:34:24AM We think that it provides for better protection for our
10:34:27AM customers and I'd like to talk about a little bit just about
10:34:30AM some of those eight practices.
10:34:32AM Number one, electronic detailed monthly invoicing is going
10:34:36AM to be required, so this will improve the verification and
10:34:39AM reconciliation process to prevent overbilling.
10:34:42AM There will be a complete customer listening monthly, the
10:34:47AM vendor and the city must agree on the exact amount of

10:34:50AM accounts at the inception and during the monthly billing.
10:34:53AM This prevents and overbilling.
10:34:56AM There will be physical field audits of container sizes
10:34:59AM required.
10:35:00AM This ensures the city and the hauler have an accurate list
10:35:03AM of container inventory for tracking and drilling purposes.
10:35:07AM There will be electronic work orders.
10:35:10AM In realtime.
10:35:10AM The city can identify vendor service, delivery errors and
10:35:14AM identify discrepancies in billing.
10:35:16AM Audit rights, I think this is key provision and one our
10:35:22AM procurement director recommended.
10:35:25AM Audit rights.
10:35:26AM It ensures the city will be recommend bursted for expenses
10:35:29AM should an audit disclose an overbilling or underbilling.
10:35:35AM >>CHARLIE MIRANDA: Just one second.
10:35:36AM Ms. Mulhern?
10:35:37AM >>MARY MULHERN: Finish your sentence.
10:35:40AM >> Go ahead.
10:35:41AM >>MARY MULHERN: My question that is important, we all know.
10:35:46AM So my question is, will -- that will guarantee that we won't
10:35:54AM have the situation that we had recently, where we, our audit
10:35:59AM found the overbilling, but we still had to go to court and
10:36:03AM we ended upset thing for less than what we were overbilled?
10:36:07AM And will they have to pay what our audit finds?

10:36:11AM I mean, will they have to reimburse that amount, the exact
10:36:17AM amount that we find in the audit?
10:36:21AM >> Well, any time there's an audit, you know, and there's a
10:36:24AM difference of opinion, there's going to be a difference of
10:36:28AM opinion.
10:36:28AM And so, I think it's a question of what the facts are the
10:36:32AM and whether or not two parties, what you will at this timely
10:36:34AM gray to.
10:36:35AM In the case with waste management, we agree, of the amount
10:36:40AM that was still left on the table, there was probably about
10:36:43AM 160,000 of that that maybe ended up being somewhat
10:36:47AM questionable or in a gray area as to whether or not it was
10:36:50AM really an overbilling.
10:36:51AM So we agreed to accept 1.2 million.
10:36:54AM Which is about 90% of what they owed.
10:36:56AM So I considered that -- we consider that a reasonable
10:37:00AM settlement.
10:37:01AM But these provisions I'm speak being about, they will be in
10:37:05AM place.
10:37:06AM And so they will help us ensure that the overbilling doesn't
10:37:09AM occur.
10:37:10AM There's two ways an overbilling can occur.
10:37:13AM Either the vendor intends for it to happen.
10:37:15AM And or the staff doesn't catch it.
10:37:18AM So in this particular case, we're putting in the best

10:37:20AM practices to allow our staff or giving them the tools to
10:37:23AM more effectively monitor this contract so we can ensure that
10:37:28AM these things don't happen again.
10:37:29AM And then frankly, it's up to the vendor to make sure that
10:37:33AM they employ only the highest and only the highest and best
10:37:37AM ethical business practices.
10:37:39AM We expect that.
10:37:39AM >>MARY MULHERN: Let me ask the other question that came up
10:37:41AM for me so far since -- then I won't ask to speak again, if I
10:37:47AM can ask them now.
10:37:48AM Every, the every month complete customer listing that you
10:37:53AM talked about, that you have to agree on that.
10:37:55AM Does that mean that literally we, our solid waste department
10:38:00AM is or our accounting is going to every single month is going
10:38:04AM to agree on that before we do the billing?
10:38:09AM >> Every single month.
10:38:10AM Every single month.
10:38:11AM And then of course, there will be monthly meetings between
10:38:14AM the vendor and our staff to ensure that the right things are
10:38:18AM happening with the contract.
10:38:19AM >>MARY MULHERN: Okay.
10:38:20AM I know, I went out of turn here.
10:38:22AM But I'm going to, because I went out of turn, not ask any
10:38:26AM more questions after this one.
10:38:27AM Just before you're done, if you can explain the question of

10:38:31AM the Republic overbilling with Polk County.
10:38:35AM >> I'd be happy to do so.
10:38:37AM >>MARY MULHERN: I'm not asking you to do that now because
10:38:39AM I'm sure you'll get there.
10:38:40AM >> You want me to do that later?
10:38:43AM >>MARY MULHERN: Other people will have questions about it.
10:38:45AM >> I'll address that now if you'd like.
10:38:47AM >>CHARLIE MIRANDA: Let me continue with the individual
10:38:50AM Councils that have asked for the floor.
10:38:52AM Ms. Montelione, Ms. Capin in that order right now.
10:38:55AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:38:56AM I just wanted to point out two things.
10:38:59AM After our lengthy discussion yesterday with Ms. Brickhouse
10:39:03AM and Mr. and Mrs. Spearman were also present.
10:39:07AM There are a couple of things that I'm really happy about in
10:39:09AM this contract that we did not have before.
10:39:11AM And that is the participation of the SLBE and MB, something
10:39:17AM I'm always looking out for in every contract.
10:39:20AM So kudos to you folks for making sure that our smaller
10:39:24AM minority businesses are looked after in any large contract
10:39:27AM that we're awarding in the city.
10:39:29AM So I appreciate that and I also wanted to point out that
10:39:32AM this is only the -- see if I get this right.
10:39:36AM The 60% of the commercial collections that occur -- this is
10:39:41AM the 40% portion.

10:39:43AM >> Yes.
10:39:44AM >>LISA MONTELIONE: So this is not a hundred percent of the
10:39:45AM commercial collection that's being done within the City of
10:39:48AM Tampa service area.
10:39:49AM This is only a 40% portion of it.
10:39:53AM The other 60% is done by City of Tampa employees?
10:39:56AM >> You're correct.
10:39:57AM >>LISA MONTELIONE: So as we are framing this discussion, I
10:39:59AM just want to bring that to light.
10:40:01AM >> Thank you.
10:40:01AM You're correct.
10:40:02AM >>LISA MONTELIONE: That's all.
10:40:04AM >>CHARLIE MIRANDA: Anyone else?
10:40:05AM Continue, sir.
10:40:06AM I'm sorry.
10:40:07AM >> Well, with respect to the overbilling that occurred in
10:40:10AM Polk County, Republic was responsible for providing
10:40:13AM residential collection services in Polk County to the
10:40:15AM unincorporated area.
10:40:16AM They were awarded a very cost effective contract.
10:40:21AM In fact it allowed the county to lower its solid waste
10:40:24AM collection and disposal rate to its ratepayers.
10:40:27AM What happened in that situation is different from the
10:40:29AM overbilling that we experienced with waste management, in
10:40:33AM this sense.

10:40:34AM The county staff had directed Republic to go ahead and bill
10:40:40AM the county for collection services, even if a parcel was
10:40:45AM vacant.
10:40:47AM And so, an audit was done by the clerk of court, who
10:40:51AM provides that function in county government, and it was
10:40:55AM determined the county staff was erroneous in asking for and
10:40:59AM directing that the ordinance be executed in the way that it
10:41:02AM was.
10:41:03AM So that's what resulted into the overbilling.
10:41:05AM So it wasn't something that Republic did intentionally.
10:41:09AM Republic thought they were doing the rights thing.
10:41:11AM So when it was brought to everybody's attention, Republic I
10:41:14AM think in that case was responsible, and they repaid the
10:41:18AM county the one and a half million dollars.
10:41:21AM >>MARY MULHERN: Thank you.
10:41:23AM >> Some of the eight practices here, there will be all new
10:41:25AM containers.
10:41:26AM There will be radio frequency identification tags on the
10:41:30AM commercial bins.
10:41:32AM This will help us -- this will allow the department to
10:41:35AM verify service, whether it was provided and it will allow us
10:41:41AM to Thai it back to the billing reconciliation.
10:41:44AM And something very important.
10:41:45AM We will not be bearing the cost of the GPS units on these
10:41:50AM trucks.

10:41:50AM The vendor will be doing that.
10:41:52AM And that is provided for in the dollar 63 per cubic yard
10:41:55AM bid.
10:41:56AM But this is important.
10:41:57AM We'll be able to tell whether or not co-mingling of garbage
10:42:01AM is occurring and thus we're being charged for something that
10:42:03AM really doesn't belong to us.
10:42:04AM So I think that's very important.
10:42:06AM So that's a provision that is in this contract, that the
10:42:09AM vendor will have to do.
10:42:11AM As I mentioned, there will be new containers reallied for,
10:42:14AM we think cleaner commercial neighborhoods.
10:42:17AM This bid is cost effective.
10:42:18AM It's a dollar 63 per cubic yard.
10:42:21AM The second lowest bidder was a dollar 72.
10:42:23AM Waste management, the current hauler was $2.25.
10:42:27AM In addition, to some of the additional benefits here, again,
10:42:34AM it improves our billing verification and reconciliation
10:42:37AM process to prevent overbilling.
10:42:39AM It tracks service, deliveries, using GPS and RFID
10:42:44AM identification.
10:42:45AM It levies higher fines for service delivery failures.
10:42:48AM It improves customer service by requiring realtime work
10:42:52AM orders, distributes all new containers.
10:42:55AM And only the most updated vehicles are going to be expected.

10:42:59AM 2010 or newer to serve our customers.
10:43:01AM So, we feel that this is a very cost effective bid and we
10:43:05AM would recommend that the bid be awarded to Florida Republic.
10:43:09AM As I mentioned, there were no protests.
10:43:11AM And again, we're going to insist on nothing but excellent
10:43:15AM customer service and the highest standard of ethics be
10:43:18AM demonstrated by our vendor and our staff.
10:43:21AM >>CHARLIE MIRANDA: Any further questions from
10:43:23AM Councilmembers?
10:43:24AM Ms. Capin?
10:43:25AM >>YVONNE CAPIN: Thank you.
10:43:27AM Thank you for the very thorough report and I was briefed and
10:43:30AM as everyone else was.
10:43:32AM This all comes about from an audit, and an auditor that we
10:43:39AM had here, that is no longer here, that brought to light not
10:43:43AM only this issue, but other issues that we have, we had in
10:43:47AM our administration.
10:43:48AM I want to encourage the Mayor, and when our budget comes,
10:43:53AM that it is in the budget for an auditor to the hired,
10:43:59AM because this is a separate -- I understand that the auditor
10:44:03AM was under, when I looked at the organizational chart, was
10:44:08AM under the Mayor's purview.
10:44:11AM But when I spoke to the aide auditor about that before he
10:44:14AM left, he said he was totally independent, looked at
10:44:18AM different issues in the departments, and then picked up five

10:44:22AM or six and brought them to the player and then the Mayor
10:44:25AM would say okay, follow through on these.
10:44:27AM And I thought that was a very good comprehensive way of
10:44:30AM doing it.
10:44:31AM I really believe that -- I was sorry to see him leave, but I
10:44:37AM think that we need to replace that position sooner than
10:44:43AM later.
10:44:43AM So I just wanted to say that.
10:44:45AM But thank you very much for -- and I really -- you're so
10:44:49AM thorough when you come to us and when you -- and also with
10:44:53AM your, your presentations to us privately, you don't leave
10:44:59AM any stone unturned, the good, bad and the ugly.
10:45:02AM And I really appreciate that.
10:45:03AM That is very important, because that's how we have to make
10:45:06AM decisions.
10:45:06AM Thank you.
10:45:07AM >> Thank you.
10:45:07AM >>CHARLIE MIRANDA: Anyone else?
10:45:09AM Mr. Suarez?
10:45:10AM >>MIKE SUAREZ: Thanks, chair.
10:45:11AM I'm going to reiterate what Councilwoman Capin said.
10:45:14AM I was at an event in which the city of West Palm Beach
10:45:18AM representatives were there and they were crowing about the
10:45:21AM fact that Mr. Strout was down there now.
10:45:25AM >> I bet they are.

10:45:28AM >>MIKE SUAREZ: They were.
10:45:29AM Much to our good luck, he was here to camp some of these
10:45:31AM issues and approximate, not only for this particular case,
10:45:34AM but in other cases, clean cities is one example.
10:45:37AM You know, the I will say that some of the things that are
10:45:41AM here in our contract that we're demanding of Republic, I
10:45:44AM hope that we are going to be doing the same thing,
10:45:47AM especially with RFIDs and everything else, for our own
10:45:52AM commercial trash collection and our own personal trash
10:45:55AM collection, so that we can have a more efficient way of
10:45:59AM doing it.
10:45:59AM I know that Ms. Brickhouse, who is, you know, she is about
10:46:04AM as tough as they come when it comes to making sure things
10:46:07AM work right.
10:46:08AM Is going to make sure that these things are included and I
10:46:11AM know that you, Mike are very good at making sure that we get
10:46:15AM the best that we can possibly get when it comes to our own
10:46:18AM performance.
10:46:20AM In addition to this particular contract.
10:46:21AM And thanks very much for being, as was mentioned, very
10:46:25AM thorough and very straightforward in terms of what has
10:46:28AM happened.
10:46:28AM And what is going to happen going forward.
10:46:30AM Thank you.
10:46:31AM Thank you, chair.

10:46:32AM I'd move the ordinance.
10:46:35AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, moving the
10:46:37AM resolution, second by Mr. Reddick.
10:46:39AM All in favor of the motion to move the resolution, please
10:46:41AM indicate by saying aye.
10:46:42AM Opposed nay.
10:46:44AM The ayes have it unanimously.
10:46:46AM Thank you very much.
10:46:47AM >> Thank you for your cooperation on this item.
10:46:53AM >>CHARLIE MIRANDA: This is item number 47 is a public
10:46:55AM hearing.
10:46:56AM Second public hearing.
10:46:57AM So we have to open that hearing.
10:46:59AM >> So moved.
10:46:59AM >>CHARLIE MIRANDA: I have a motion to open by Ms. Mulhern,
10:47:02AM second by Mr. Suarez.
10:47:04AM All in favor of the motion, please indicate by saying aye.
10:47:07AM 47 is now open.
10:47:08AM Anyone in the audience care to speak on item 47?
10:47:15AM >> Move to close.
10:47:16AM >>CHARLIE MIRANDA: I have a motion to close by Ms. Capin.
10:47:18AM Seconded by Mr. Cohen.
10:47:20AM All in favor of the motion, please indicate by saying aye.
10:47:22AM Opposed nay.
10:47:24AM The ayes have it unanimously.

10:47:24AM Ms. Capin, would you kindly take number 47, please?
10:47:29AM >>YVONNE CAPIN: Yes, I will.
10:47:29AM Thank you.
10:47:30AM Ordinance being presented for second reading, and adoption,
10:47:33AM an ordinance amending the Tampa comprehensive plan, future
10:47:36AM land use map, for the property located in the general
10:47:39AM vicinity of 7607 South Desoto Street, from heavy industrial,
10:47:46AM HI, to residential-10, R-10, providing for repeal of all
10:47:53AM ordinances in conflict, providing for severability,
10:47:55AM providing an effective date.
10:47:57AM >> Second.
10:47:58AM >>CHARLIE MIRANDA: I have a motion by Ms. Capin, I have a
10:48:00AM second by Mr. Suarez.
10:48:05AM Roll call vote.
10:48:05AM Vote and record.
10:48:07AM >>THE CLERK: Motion carried unanimously.
10:48:27AM >>CHARLIE MIRANDA: All right.
10:48:27AM Let me go back before we finish the agenda.
10:48:31AM We got some other hearings I think three left.
10:48:34AM And on finance committees, item number 22.
10:48:44AM >> Good morning, Council.
10:48:44AM Dennis Rogero, budgets and neighborhoods.
10:48:48AM This is the omnibus, what we affectionately call an omnibus
10:48:53AM resolution that we do twice a year, once in the spring, once
10:48:56AM in the fall, making a significant and kind of consolidated

10:48:59AM changes to the budget.
10:49:00AM I'm available to answer any questions.
10:49:02AM >>CHARLIE MIRANDA: Ms. Mulhern?
10:49:03AM >>MARY MULHERN: Thank you.
10:49:04AM I think that we can, we can have a better practice if, since
10:49:13AM this is only once a year, if you make this omnibus
10:49:17AM resolution an actual staff report, so that you can go over
10:49:21AM the details for us every year.
10:49:25AM Did you say just once a year?
10:49:27AM >> Twice a year.
10:49:28AM Once in the spring, once in the fall.
10:49:30AM >>MARY MULHERN: Both times.
10:49:31AM Because I want to thank Councilwoman Montelione for bringing
10:49:36AM this to our attention and all the other items that she
10:49:42AM routinely has pulled and that motion that she made early on
10:49:47AM in her term, that we, anything over a million dollars,
10:49:54AM because you've been so good about bringing this stuffer up,
10:49:58AM I haven't been as vigilant.
10:50:00AM So, that's why I wasn't ready to just pass this.
10:50:05AM >> Thank you for the confidence.
10:50:07AM >>MARY MULHERN: I mean it.
10:50:07AM And I feel like I need to get back to paying attention to,
10:50:11AM because it's not fair that you're pulling more weight than
10:50:15AM you need to.
10:50:16AM But my -- with this in general, the way it was listed on our

10:50:22AM consent agenda, there were no, not even the names of the
10:50:31AM budget departments were named, there were no account
10:50:36AM numbers.
10:50:36AM And I think you literally can't give us that information
10:50:42AM without it being -- it can't be on the consent agenda.
10:50:45AM It just is not going to work because for us to know where
10:50:48AM the money is getting moved around from and to, we need the
10:50:53AM kind of detail that you did provide in this report, which I
10:50:56AM haven't had a chance to read yet.
10:50:58AM So, we have got A through U, movement of specific amounts of
10:51:09AM money from different funds, from A to U, which I think is 19
10:51:13AM different things.
10:51:15AM And I think, you know, I feel like now we have this
10:51:21AM breakdown in this backup, but we did not have this until, I
10:51:26AM don't know when we got this.
10:51:27AM Yesterday?
10:51:29AM >> I believe it was provided along with the agenda report.
10:51:34AM >>MARY MULHERN: It was Friday?
10:51:36AM I think part of our problem with this was they changed over
10:51:40AM the sire.
10:51:46AM So I couldn't access it, wasn't able to see it until today.
10:51:49AM That's all I want to say.
10:51:50AM I would be much, much more comfortable if we continued this
10:51:57AM to our next meeting and we could even pass it at -- we have
10:52:02AM a night meeting next week.

10:52:03AM If we could do that.
10:52:05AM Personally, I haven't had a chance to look at all this and I
10:52:08AM want to.
10:52:09AM Would that be a problem for you if we did it in a week?
10:52:18AM >> Council's pleasure.
10:52:19AM >>MARY MULHERN: I'd ask Council to do that so we could all
10:52:22AM have the time to look over this and this is the real good
10:52:25AM indication of why Councilwoman Capin's suggestion that we
10:52:30AM actually hire a budget analyst.
10:52:32AM This is exactly the type of thing that we could use that
10:52:35AM help on.
10:52:36AM At least if we could have another week, Council, I make a
10:52:38AM motion that we continue this to, or we can continue it to
10:52:42AM our regular meeting, but if you'd prefer next week.
10:52:46AM >> We'd prefer a week.
10:52:47AM Because there are some items here we would like to effect
10:52:53AM completion on.
10:52:53AM >>MARY MULHERN: So maybe we could put that on at the
10:52:54AM beginning of the meeting.
10:52:54AM That's my motion.
10:52:56AM >> Second.
10:52:57AM >>MARY MULHERN: To continue this resolution to next week's
10:53:03AM night meeting.
10:53:04AM We could put it on the beginning or put it on at 5:00 if
10:53:13AM Council wants the time to discuss this.

10:53:15AM >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, second by
10:53:17AM Ms. Capin.
10:53:18AM But before I go to the motion, I got Ms. Capin,
10:53:21AM Ms. Montelione and Mr. Cohen that want to speak.
10:53:23AM And then Mr. Suarez.
10:53:24AM Ms. Capin?
10:53:28AM >>YVONNE CAPIN: Well, I agree to postpone it for week.
10:53:32AM Yes, and this is exactly the reason that I brought up the
10:53:36AM subject of having a budget analyst.
10:53:43AM And if that was not -- if that turns out not to be the case,
10:53:47AM we have to go through all this procedure with a fine-tooth
10:53:51AM comb and decide exactly how often we need to be brought up
10:53:58AM to snuff, if you will, on these items.
10:54:02AM So, really that's, that was it.
10:54:07AM And again, I reiterate with what Councilwoman Mulhern said
10:54:12AM about Ms. Montelione being vigilant about our dollars and
10:54:16AM cents.
10:54:16AM And we have to be, pay attention to the, not be penny wise
10:54:22AM and dollar foolish and have to -- so again, this is exactly
10:54:31AM the reason that I think along our charter we should hire our
10:54:35AM own budget analyst.
10:54:37AM Thank you.
10:54:38AM >>CHARLIE MIRANDA: Ms. Montelione?
10:54:39AM >>LISA MONTELIONE: Thank you, sir.
10:54:40AM I appreciate all the time--we did play a little bit of phone

10:54:49AM tag for a while.
10:54:51AM But Ms. Little and Mr. Rogero and Mike Perry from the budget
10:54:54AM office really did make themselves available and answered the
10:54:57AM questions I had.
10:54:58AM That's why I had motion to move it back to consent.
10:55:00AM We had lengthy discussions about the transition from our,
10:55:04AM not only the doc agenda system to sire, which is our new
10:55:09AM agenda system and that precluded having the cover sheet that
10:55:14AM usually we have with the summary on it.
10:55:16AM And a lot of another issues that we have.
10:55:19AM But we're working through those, aren't we, clerk?
10:55:24AM And not only do we have that transition, but we have the
10:55:27AM transition to the ERP system, which comes at a time -- it is
10:55:32AM never really a good time to have such a transition.
10:55:35AM But that is why there are, there are missing account numbers
10:55:42AM on here.
10:55:43AM They're not exactly missing.
10:55:45AM They are now going to be 35 characters long.
10:55:48AM And the account numbers under ERP are completely and wholly
10:55:55AM different than the account numbers we have used with the
10:55:59AM City of Tampa for a hundred years -- or from whenever the
10:56:03AM concept of account numbers came to being in our finance
10:56:06AM department.
10:56:07AM So, we work through talking about whether or not to truncate
10:56:13AM those account numbers and Mr. Rogero and Ms. Little are

10:56:18AM going to work with the folks who are commissioned for the
10:56:22AM ERP project, to see if that's even possible to have
10:56:25AM truncated numbers on the resolution that we pass.
10:56:30AM Or any other budget.
10:56:31AM Because my concern was reconciling what we're looking at to,
10:56:35AM back to the budget.
10:56:36AM And going through and looking and comparing and found out,
10:56:40AM you know, that sometimes even with the numbers, it's very
10:56:45AM difficult to find it.
10:56:46AM But, we have now maybe a more simplistic way, which might be
10:56:52AM easier for us to reconcile back, because we're going by
10:56:55AM words and names and something we're more familiar with
10:56:57AM seeing on a daily basis than 35 characters long numbers.
10:57:01AM So that was one of the items that I talked to.
10:57:07AM And looking at the backup and when you do afford the
10:57:10AM opportunity to look at the backup that was provided, let me
10:57:13AM save you a little time.
10:57:15AM Some of the items that are on pages ones through five, which
10:57:20AM are the actual numbers associated with the accounts, do not
10:57:24AM necessarily correspond with the letters that are on the
10:57:28AM backup because there were a few typos that took place,
10:57:33AM Mr. Rogero.
10:57:34AM >> Yes, ma'am.
10:57:35AM And I apologize for that.
10:57:38AM >>LISA MONTELIONE: As he turns pink at the podium.

10:57:40AM But when you look through the letters, when you get to
10:57:44AM letter P, that's where the typos begin.
10:57:47AM So, P and Q are actually the same item.
10:57:51AM >> Yes.
10:57:52AM >>LISA MONTELIONE: So then, all of the lettering after that
10:57:56AM falls off by one.
10:57:59AM >> Yes, ma'am.
10:58:00AM >>LISA MONTELIONE: So keep that in mind when you're going
10:58:01AM through.
10:58:02AM And I would share these, if not for the sunshine law, I
10:58:05AM would share what I learned behind the scenes, but we're not
10:58:09AM allowed to do that.
10:58:09AM So, I now that my notes are the public record, you can take
10:58:14AM a look at the notes that I've made and maybe saver you a
10:58:16AM little time with trying to Apalachicola up the letters on
10:58:20AM pages one through five with the backup material that might
10:58:21AM save you a little time.
10:58:22AM >> I'm sorry to interrupt.
10:58:23AM Might I suggest since we are postponing it a week, we can
10:58:27AM get you a revision.
10:58:29AM >>LISA MONTELIONE: Good idea, Mr. Rogero, that would make
10:58:33AM things much easier.
10:58:34AM The other thing that I wanted to point out and maybe is
10:58:40AM obvious to some but wasn't obvious to me, was that it seemed
10:58:44AM that there were things that were not discussed at length in

10:58:48AM the backup, so maybe you can, you can enhance the backup
10:58:54AM material.
10:58:56AM >> Expand.
10:58:56AM >>LISA MONTELIONE: That would be the QTI, economic
10:58:59AM development, TEDCO items and also the nondepartmental
10:59:03AM salaries item because we typically do not have salaries in
10:59:07AM the nondepartmental categories.
10:59:09AM >> Yes, ma'am.
10:59:10AM >>LISA MONTELIONE: So, if you can maybe go into a little bit
10:59:13AM deeper explanation of why that's appearing in
10:59:17AM nondepartmental salaries, that would probably be helpful to
10:59:20AM my colleagues as well.
10:59:21AM Thank you.
10:59:22AM >>CHARLIE MIRANDA: I have Mr. Cohen and Mr. Suarez in that
10:59:24AM order.
10:59:25AM >>HARRY COHEN: Thank you, Mr. Chair.
10:59:27AM Just a couple of comments on this.
10:59:29AM I am always willing and happy to try to accommodate any
10:59:35AM Councilmember that wants to try to postpone something a week
10:59:38AM to give it a little further study as long as that doesn't
10:59:40AM create a hardship for the staff.
10:59:42AM And I will always try to support those type of requests.
10:59:45AM I also think that it is a good idea, when we're doing this
10:59:48AM twice a year, to bring it up for discussion because it does
10:59:52AM involve making changes to where we thought money was going

10:59:56AM to go inside of the total budget.
10:59:58AM But I do want to just say on behalf of the staff that I had
11:00:05AM a conversation with Ms. Little about this item this week.
11:00:09AM We discussed it in some detail, and they did make themselves
11:00:13AM available to me to answer questions and we discussed it at
11:00:17AM some length.
11:00:18AM So, I just, just to be clear, I did feel like I had access
11:00:24AM to the information I needed to scrutinize it and ask some
11:00:27AM questions about it.
11:00:28AM >>CHARLIE MIRANDA: I have Mr. Suarez, then Ms. Mulhern,
11:00:32AM second go round.
11:00:34AM >>MIKE SUAREZ: Thank you, chair.
11:00:35AM You know, Dennis, I got to tell you.
11:00:37AM I don't have a problem with delaying this for a week and I
11:00:41AM thank you for explaining that it's okay for some of these
11:00:45AM funds.
11:00:47AM One thing that might help us in the future, and this is just
11:00:50AM a suggestion, when you look at the resolution, some of the
11:00:52AM backup material, there is a, I think a tendency, and you
11:00:57AM know, you're doing things proper and correct and according
11:01:01AM to accounting principles, but, as lay people, a lot of times
11:01:05AM we're trying to track the money.
11:01:07AM And with debt service especially, you're looking at based on
11:01:11AM what we voted on to take in a lot of different funds in
11:01:17AM order to refinance our debt service.

11:01:22AM So it becomes complicated.
11:01:24AM The sheets that we have behind it are good.
11:01:26AM And we just need to make it a little bit clearer in terms of
11:01:30AM total amounts, because I think the one thing that we have
11:01:34AM and we lose sight of is, when you're looking at a budget
11:01:37AM document, when you present our budget each year, much of
11:01:42AM what goes on with debt service becomes part of the footnotes
11:01:47AM primarily because of so many different aspects of what has
11:01:51AM happened over the course of the last 50 years.
11:01:53AM We are paying for bills that might have been created in
11:01:58AM 1985.
11:02:00AM And that has been reissued, gone back to debt service, and
11:02:05AM it's hard to track those things.
11:02:07AM That's the only assessment I would have in terms of what you
11:02:10AM all have done.
11:02:11AM You do a very good job.
11:02:13AM I think in terms of what Ms. Little and you do in terms of
11:02:16AM presenting to us, it's about as clear as I think, you know,
11:02:20AM the I've ever seen it.
11:02:21AM But I do think that if we just make it a little bit
11:02:25AM different in terms of the way that we show what the total
11:02:27AM debt service is, because what happens is, when we -- when
11:02:31AM you come to us and you ask us, listen, we can refinance
11:02:34AM these bonds, they're coming up in five years, and because
11:02:39AM the money's cheaper now, we're going to save X number of

11:02:42AM dollars.
11:02:43AM Now, we might forget, based over our two year period, that
11:02:46AM all right, wait a minute, we refinanced this particular bond
11:02:49AM earlier this year, or earlier last year, and now we have to
11:02:53AM go back and figure out where we saving the money and where's
11:02:57AM the money coming outs of.
11:02:58AM A lot of times we're not looking at it, when you're talking
11:03:02AM about accounting, and I'm very bad at accounting.
11:03:05AM I'll tell you that right now.
11:03:07AM That you know, when you look at how it comes out and how it
11:03:11AM goes back in, it can get very confusion.
11:03:16AM I'm sure it's confusing for you all at some point.
11:03:19AM But you all have done a very good job.
11:03:21AM But I think that might clarify for us when we do these
11:03:24AM omnibus resolutions, so that we're more clear on what's
11:03:27AM going on.
11:03:28AM Maybe even on an ongoing basis.
11:03:31AM The bonds themselves stay in place, we know what those
11:03:35AM dollars are.
11:03:35AM We don't make these shifts very often, as you mentioned,
11:03:40AM twice a year, so we may just want to make sure that -- I
11:03:44AM think one other aspect of this is when are some of these
11:03:48AM bonds maturing, so they are either coming off the books or
11:03:53AM the analysis, that's helpful too because we have a better
11:03:56AM financial picture of the city as a whole.

11:03:59AM Then that way when we do have these discussions, it's I
11:04:02AM think going to be a lot quicker, easier, regardless of
11:04:05AM whether or not we have a budget analyst ourselves or we're
11:04:08AM relying on staff from the administration to do this for us,
11:04:11AM because I do think that it really does help us understand
11:04:15AM the total debt picture that we are dealing with on a ongoing
11:04:19AM basis.
11:04:20AM >> Thank you.
11:04:21AM That really is our goal, to make it as understandable as we
11:04:25AM possibly can.
11:04:26AM >>CHARLIE MIRANDA: Ms. Mulhern?
11:04:31AM >>MARY MULHERN: I'm thinking that -- I appreciates
11:04:36AM everything you do and I know you do your best to brief our
11:04:40AM finance chair and answer anyone's questions and I didn't ask
11:04:45AM you, I'm not criticizing you guys at all.
11:04:47AM I just think this is a part of our whole process that I'd
11:04:50AM like to make more transparent for Council and for the
11:04:54AM public.
11:04:55AM So I would like to make a motion, which I didn't do, that in
11:05:01AM the future, these omnibus reallocation -- what do you call
11:05:09AM it?
11:05:11AM >> Budget realignment.
11:05:14AM Goes by many names.
11:05:17AM >>MARY MULHERN: My impression from my time here is that it
11:05:22AM doesn't happen just twice a year.

11:05:25AM It happens on an ongoing basis where smaller individual
11:05:30AM transfers.
11:05:31AM >> That's right.
11:05:32AM >>MARY MULHERN: So it might be that -- we already have that,
11:05:36AM anything over a million dollars comes to us.
11:05:38AM But I'm thinking out loud.
11:05:44AM >>HARRY COHEN: You're long looking for a number?
11:05:46AM >>MARY MULHERN: No, I'm just trying to decide if this motion
11:05:49AM should only apply to this twice yearly budget realignment or
11:05:53AM if there's some other way we could ask that these come to us
11:05:58AM for discussion and not just on the consent agenda.
11:06:01AM So, we'd have the one million dollars limit now.
11:06:05AM I don't know if we want to add something else to that
11:06:08AM amount.
11:06:11AM >> The million dollars deals with expenditures.
11:06:14AM It doesn't deal with money being transferred from one point
11:06:16AM to another fund.
11:06:18AM That's up to you.
11:06:19AM >>MARY MULHERN: That's still on the consent agenda?
11:06:21AM >> Correct.
11:06:22AM Any expenditure of a million dollars over consent.
11:06:24AM Anything transferring is not.
11:06:26AM >>MARY MULHERN: Well, I think that maybe even less than that
11:06:28AM is a lot of money in a particular budget.
11:06:33AM >>HARRY COHEN: Make a suggestion.

11:06:35AM I think maybe if you set a number threshold, where if
11:06:39AM there's an omnibus transfer request above a certain
11:06:43AM threshold, it would not be on consent.
11:06:45AM Below it, we of course are always free to pull it.
11:06:48AM But below it, it would be, you know, subject to someone
11:06:53AM deciding to pull it.
11:06:55AM >> I'm sorry to interrupt, ma'am, if I could add one thing.
11:06:58AM One of the philosophies behind doing the omnibus twice a
11:07:02AM year is to give Council a broader view of what's happening
11:07:06AM with the budget, that you've adopted for significant items.
11:07:09AM As you said, we amend the budget almost every single City
11:07:14AM Council meeting in small components.
11:07:16AM Because again, it is just a plan.
11:07:18AM But that's the philosophy anyway behind doing the omnibus is
11:07:21AM give you all a broad perspective of what's happening with,
11:07:25AM you adopt the budget in its entirety.
11:07:27AM >>MARY MULHERN: Okay.
11:07:28AM That's very helpful and thank you for that suggestion.
11:07:30AM I think then what we should do -- I was going to say
11:07:33AM 500,000, but I don't think even think that's enough.
11:07:37AM I would maybe say any transfer of funds over $100,000 should
11:07:42AM be, come to us as staff report.
11:07:48AM Somebody?
11:07:55AM >>CHARLIE MIRANDA: Let me take care of the motion you made
11:07:57AM earlier.

11:07:57AM Seconded by Ms. Capin, for a week.
11:08:00AM I haven't taken care of that we went on.
11:08:06AM >>MARY MULHERN: This needs to be separate.
11:08:08AM >>CHARLIE MIRANDA: That's why I want to take care of that
11:08:10AM motion.
11:08:10AM I don't want five motions on the floor, then get confused.
11:08:13AM I have a motion by Ms. Mulhern, second by Ms. Capin to bring
11:08:17AM this up the next Council meeting, which is April 11th.
11:08:21AM Night meeting, right?
11:08:21AM First on the agenda.
11:08:26AM >>THE CLERK: 5.01.
11:08:29AM >>CHARLIE MIRANDA: I have a motion, I have a second by
11:08:33AM Ms. Capin.
11:08:33AM All in favor of the motion, please indicate by saying aye.
11:08:34AM Opposed nay.
11:08:36AM >>CHARLIE MIRANDA: It passes 6-1.
11:08:39AM All right.
11:08:39AM Let's go.
11:08:42AM >>HARRY COHEN: I was just going to suggest perhaps when we
11:08:43AM do that next week, you make the motion regarding the future.
11:08:48AM That will give us a week to think about it and maybe come
11:08:50AM up.
11:08:51AM >>MARY MULHERN: I'll withdraw my motion.
11:08:52AM >>CHARLIE MIRANDA: Motion withdrawn.
11:08:53AM Anything else to come on this item?

11:08:55AM On item 22, right?
11:09:01AM We have not passed 22, right?
11:09:04AM Being held for one week.
11:09:06AM Right.
11:09:08AM Okay.
11:09:08AM Thank you very much, all of you.
11:09:11AM See you in one week.
11:09:12AM Okay.
11:09:14AM At 10:30, we have the public hearings, including review
11:09:19AM hearings, items 48 through 50.
11:09:21AM These are quasi-judicial hearings.
11:09:23AM Anyone that's going to speak on these hearings, or think
11:09:26AM you're going to speak, should be sworn in by the clerk.
11:09:28AM [Oath administered by Clerk]
11:09:37AM >>CHARLIE MIRANDA: Okay, item 4, it's a public hearing.
11:09:44AM >> Good morning, James Cook, Land Development Coordination.
11:09:46AM I have been sworn.
11:09:48AM Here on item 48.
11:09:49AM >> I need to open.
11:09:50AM >> Move to open.
11:09:53AM >>CHARLIE MIRANDA: Mr. Reddick made that motion, second by
11:09:55AM Mr. Cohen.
11:09:55AM All in favor of the motion, please indicate by saying aye.
11:09:59AM The ayes have it unanimously.
11:09:59AM Yes, sir?

11:10:00AM >> File C 13-03, petitioner's requesting vacating north
11:10:04AM south unimproved alleyway running north of Ida Street, east
11:10:08AM of 22nd Street.
11:10:09AM Go to the Elmo.
11:10:11AM This is north-south alley running north of Ida.
11:10:15AM Here is north Bay Street.
11:10:16AM 22nd to the west.
11:10:18AM Petitioner's property highlighted in red.
11:10:20AM This is the photo of the alley looking north from Ida
11:10:26AM Street.
11:10:27AM Picture of the alley looking south from north Bay Street.
11:10:31AM This is the abutting property owner.
11:10:35AM This is the petitioner's property lying east of the
11:10:37AM alleyway.
11:10:38AM And this is property lying west of the alleyway.
11:10:43AM Just for reference, previously Council vacated the east-west
11:10:48AM alley back in 2011.
11:10:49AM Staff has no objections to alley vacating request.
11:10:53AM And that concludes my report.
11:10:55AM >>CHARLIE MIRANDA: Is petitioner here?
11:10:56AM Come on.
11:10:57AM Come on up.
11:11:06AM >> Yes, sir.
11:11:09AM I'm Glen Aucley representing Fulani Daniel.
11:11:13AM We just request the alleyway because it's vacant and we just

11:11:19AM need to have some issues that we need to get some
11:11:25AM construction.
11:11:27AM And it's alleyway that hasn't been used for a long time ago.
11:11:33AM So we just ask that the Council abdicate it.
11:11:40AM >>CHARLIE MIRANDA: Thank you very much.
11:11:40AM Anyone in the audience care to speak?
11:11:42AM Mr. Reddick?
11:11:44AM >>FRANK REDDICK: Petitioner, let me ask you a question.
11:11:46AM Could you put that picture back up?
11:11:52AM Where they're doing the, the addition.
11:11:58AM You're representing the owner of this property?
11:12:10AM >> Yes.
11:12:12AM >> Is that Mr. Daniel?
11:12:15AM >> Fulani Daniel.
11:12:16AM I'm the owner of the property on the adjacent.
11:12:22AM >>FRANK REDDICK: All right.
11:12:23AM Okay.
11:12:24AM You want to vacate the alleyway in order to do what?
11:12:29AM There is an issue -- there was an issue before that we
11:12:37AM brought to the Council pertaining to the alleyway, where we
11:12:42AM had a one foot setback on the alleyway.
11:12:45AM Now the issue with the alleyway is when you vacate the
11:12:48AM alleyway, the land of the alleyway is divided into the two
11:12:52AM adjacent owners, which is like a ten foot alleyway.
11:12:57AM So each one got five feet.

11:12:59AM After discussions with both owners, because of moving some
11:13:09AM items, it was real costly in a ways because the whole idea
11:13:15AM of the owner of the commercial side and the owner of that
11:13:21AM side is that at the end of the day, they want to upgrade the
11:13:26AM area because for so long, the area have been kind of
11:13:29AM dilapidated and everything has been down.
11:13:31AM So in order to, as a team, to come together for the best
11:13:36AM interest of the community, to increase the look of the area.
11:13:42AM The whole idea, instead of having [inaudible] once the
11:13:51AM alleyway is vacated and the two owners have the five foot
11:13:54AM within their deed, then they can negotiate by maybe sears or
11:14:02AM whatever, to decide, to accommodate whatever has been
11:14:04AM constructed eventually.
11:14:06AM >>FRANK REDDICK: All right.
11:14:07AM Thank you.
11:14:09AM >>CHARLIE MIRANDA: Mr. Suarez?
11:14:10AM >>MIKE SUAREZ: Sir, I don't think you actually answered
11:14:17AM Mr. Reddick's question.
11:14:19AM What's going to be done with the alleyway?
11:14:21AM You made a comment you're going to use five foot because
11:14:24AM you're the adjacent owner on one side.
11:14:26AM The other person's five foot.
11:14:29AM What is going on at this particular property on Ida Street?
11:14:32AM I see a car that's for sale.
11:14:34AM Another car parked there.

11:14:35AM What's going on?
11:14:36AM What kind of business is it and what kind of business do you
11:14:41AM have, if you have any on the adjacent property?
11:14:42AM >> I don't have a business on the adjacent property there is
11:14:43AM no business at this time at the adjacent property.
11:14:47AM >>MIKE SUAREZ: That's your front?
11:14:51AM >> That's Clifford Webb's property.
11:14:54AM It's vacant.
11:14:56AM Technically the alleyway won't really be used.
11:14:58AM It's just a matter of setbacks.
11:15:00AM To accommodate setbacks.
11:15:03AM >>MIKE SUAREZ: Why do you need a setback?
11:15:06AM >> Accommodate the existing setbacks.
11:15:09AM >>MIKE SUAREZ: Because you all, someone, maybe even before
11:15:11AM you bought it, had built on to it.
11:15:14AM Now you're in violation of code enforcement, is that what it
11:15:18AM is?
11:15:19AM >> Yes.
11:15:19AM Within just one foot.
11:15:23AM So, this is something that affect, because of a cost factor
11:15:26AM and, but nothing is going to be built in the alleyway.
11:15:31AM It's still going to be vacant.
11:15:34AM Everything that's going to be built on the commercial side
11:15:38AM going to be built within the setbacks that is required.
11:15:42AM In the future.

11:15:43AM If that ever happens.
11:15:45AM But as far as building anything in the alleyway, that's a
11:15:49AM no-no.
11:15:49AM What is there is just going to stay.
11:15:51AM >>MIKE SUAREZ: Once we vacate it, that means we don't have
11:15:54AM ownership over it.
11:15:55AM So, you know, that's part of the reason why we're asking
11:15:58AM these questions.
11:15:59AM It's not just a matter of you saying to us, don't worry,
11:16:02AM nothing's going to happen there, because we're losing our
11:16:05AM rights on that piece of property.
11:16:07AM I just want you to realize that.
11:16:09AM You don't necessarily have to answer a question on that.
11:16:12AM >> I will answer a question on that.
11:16:15AM >>MIKE SUAREZ: I'm not asking that question so you don't
11:16:17AM have to answer it.
11:16:18AM What I was saying, there's a reason why you're vacating.
11:16:21AM Gave me the reason why you want the vacation.
11:16:24AM So you've answered my question, the next question I have is
11:16:26AM for our staff.
11:16:27AM But thank you very much.
11:16:29AM >> But I would like to answer that question if you don't
11:16:31AM mind.
11:16:32AM >>MIKE SUAREZ: If you want to answer it, that's fine.
11:16:34AM >> I am more or less since I came on board after maybe you

11:16:38AM have some violations, I'm the person that comes on board to
11:16:41AM make things right.
11:16:44AM I'm a designer.
11:16:45AM And as far as my plans is concerned, nothing will be built
11:16:50AM there.
11:16:50AM However, if I'm involved, because I could be changed, if I'm
11:16:56AM involved in designing something for the commercial part, the
11:17:00AM commercial section, which is lot 15 and lot 14, it's going
11:17:03AM to be something that, always I said, will enhance the area.
11:17:07AM As far as another thing that I won't have any, try not to
11:17:10AM have any code violations because what that do especially
11:17:15AM with commercial, all it do is delay time and time is money.
11:17:18AM So it's a waste of time for both parties.
11:17:21AM So, I'll show you that, if I'm involved, nothing will be
11:17:24AM built.
11:17:25AM >>MIKE SUAREZ: Again assurances don't really mean anything,
11:17:28AM once it's vacated and if you want to sell it, your
11:17:30AM assurances mean nothing to us.
11:17:32AM Not saying anything about you personally.
11:17:34AM It's just legally there's nothing else we can do then.
11:17:38AM That's why I was asking.
11:17:39AM Staff, could I ask you to stand up for a moment.
11:17:42AM Mr. Quarterback, I appreciate it.
11:17:44AM I'm going to ask him a couple questions.
11:17:46AM Why is there no pictures of the alley?

11:17:48AM Where is the alley itself?
11:17:49AM >> It's right here.
11:17:51AM >>MIKE SUAREZ: Okay.
11:17:52AM What's that building being used for, the one you have in the
11:17:55AM picture?
11:17:58AM >> Residential use.
11:17:59AM >>MIKE SUAREZ: That's residential use.
11:18:00AM >> West side of the alley is vacant property.
11:18:06AM >>MIKE SUAREZ: The reason I'm asking, it seems like there's
11:18:08AM a confusion between what we say it's being used for and what
11:18:11AM I think Mr. Webb even said there may be some commercial use
11:18:13AM there.
11:18:14AM >> We're under the opinion part of this structure is built
11:18:16AM in that alleyway.
11:18:18AM He's under violation right now.
11:18:19AM This is the first step to bring it under compliance under
11:18:22AM city code.
11:18:23AM His next step would be to go through a variance.
11:18:26AM He's going to have to do that also.
11:18:28AM He's in setback violations.
11:18:30AM Alley is not being used by utilities and we're not reserving
11:18:35AM any easements.
11:18:36AM >>MIKE SUAREZ: Thank you.
11:18:37AM >>CHARLIE MIRANDA: Thank you, Mr. Suarez.
11:18:41AM >> Speaking on behalf of the property owner, the house

11:18:44AM that's my sister.
11:18:45AM >>CHARLIE MIRANDA: Your name please.
11:18:46AM >> Anthony Gilbert.
11:18:47AM Just.
11:18:49AM >>CHARLIE MIRANDA: Your address?
11:18:50AM >> 4101 north Martin Luther King.
11:18:54AM I just want to say we already been here a few times about
11:18:58AM the alley.
11:19:00AM He was asking about what's going on with the alley.
11:19:03AM We have already, the house has already been built into the
11:19:06AM alley.
11:19:07AM So this is part of our whole plan to get everything
11:19:10AM situated, because it's built, it's already built in the
11:19:14AM alley.
11:19:14AM So we have been here plenty of times and been lengthy
11:19:18AM discussions about this alley and the discussion at the
11:19:22AM house.
11:19:22AM My sister, she stays way in Miami, so she's not here to
11:19:26AM regulate what's going on with tilled about most of the time.
11:19:31AM So we have already been inside of that for over a year now.
11:19:34AM So we worked it out with the Webbs, which is the initial
11:19:38AM problem with the property.
11:19:39AM The Webbs were petitioning or denying or whatever about what
11:19:44AM was going on with the alleyway.
11:19:47AM We worked that out with them.

11:19:48AM So that's what this whole thing is about here.
11:19:52AM >>CHARLIE MIRANDA: Mr. Suarez?
11:19:54AM >>MIKE SUAREZ: Mr. Gilbert, what is that building being used
11:19:56AM for right now?
11:19:58AM >> It's going to be my sister's house when she moves back
11:20:01AM from Miami.
11:20:02AM She's in school right now.
11:20:04AM >>MIKE SUAREZ: Is it being used now as anything?
11:20:06AM Is it completely empty?
11:20:08AM >> It's vacated.
11:20:10AM >>MIKE SUAREZ: There's no one living there now?
11:20:13AM >> No one lives there, no electricity.
11:20:16AM >>MIKE SUAREZ: How long has it been empty?
11:20:17AM >> For years.
11:20:19AM >>MIKE SUAREZ: For years?
11:20:19AM >> Years.
11:20:20AM We have been here about this house for at least two years.
11:20:26AM >>MIKE SUAREZ: Whose cars are in front of house.
11:20:28AM >> Those are my dad's cars.
11:20:31AM >> Does he own a business in which he sells cars.
11:20:33AM >> Uh-uh.
11:20:33AM It's his personal cars.
11:20:36AM >>MIKE SUAREZ: The reason I was asking, the lettering on
11:20:38AM that car seemed like it was done fairly well.
11:20:41AM I mean when I see cars for sale, typically they have, you

11:20:44AM know, just a little thing there, for sale.
11:20:48AM >> He takes a lot of pride in what we do.
11:20:51AM We like to take pride and make sure it looks good.
11:20:54AM >>MIKE SUAREZ: I think Mr. Gilbert, almost anyone who saw
11:20:57AM that would think it was being used as a, you know, being
11:21:00AM sold by someone who sells cars for a living.
11:21:02AM I'm not saying that's what he does.
11:21:06AM But you know, when you see that, that's my first response
11:21:09AM is, is that being used as a place in which cars are being
11:21:11AM sold?
11:21:13AM To the public?
11:21:14AM >> No, it's just a empty home that hopefully is going to
11:21:18AM enhance that part of the neighborhood which has been vacate
11:21:22AM and left unattended like for over a hundred years.
11:21:25AM All those alleys have been unused for hundreds of years.
11:21:28AM You can looking look at the fence lines, property lines,
11:21:31AM that he fenced in.
11:21:32AM Big oak trees, which takes a hundred years to grow, so alley
11:21:35AM can't be being used a hundred years.
11:21:40AM >>MIKE SUAREZ: We appreciate it.
11:21:41AM Thank you.
11:21:42AM >>CHARLIE MIRANDA: Anyone else in the audience care to speak
11:21:44AM that has not spoken?
11:21:45AM Who has not spoken.
11:21:48AM >>FRANK REDDICK: Mr. Chair?

11:21:49AM >>CHARLIE MIRANDA: Mr. Reddick?
11:21:51AM >>FRANK REDDICK: Chair, let me say for the record.
11:21:52AM I'm very familiar with the property, very familiar with the
11:21:55AM people who own the property and just to clarify, let me just
11:21:58AM say that the two vehicles, they're sitting there and as you
11:22:03AM stated, there's not a use, it's residential property.
11:22:07AM They've been there, they've been building and they just
11:22:09AM added on to the side.
11:22:11AM And it is, it's a nice piece of property in the community.
11:22:15AM And father is an entrepreneur and creative and that's why he
11:22:20AM probably saw the designs, very creative person.
11:22:24AM Entrepreneur.
11:22:25AM Mr. Chair, I'd like to move the ordinance.
11:22:27AM >>CHARLIE MIRANDA: Let me close the public hearing first.
11:22:29AM Anyone else in the audience who has not spoke?
11:22:32AM Any other questions.
11:22:35AM >>CHARLIE MIRANDA: Motion to close, by Mr. Cohen, send bid
11:22:37AM Ms. Mulhern all in favor of the motion, please indicate by
11:22:41AM saying aye.
11:22:42AM The ayes have it unanimously.
11:22:43AM >>FRANK REDDICK: I'd like to move ordinance being first
11:22:45AM reading consideration.
11:22:46AM An ordinance vacating, closing, discontinuing and abandoning
11:22:49AM an alleyway lying east of 22nd Street and west
11:22:52AM 24th street south of east north Bay Street and north of east

11:22:56AM Ida Street in Progreso subdivision, a subdivision in the
11:23:06AM City of Tampa, Hillsborough County, Florida, the same being
11:23:09AM more fully described in section 1 hereof, providing an
11:23:12AM effective date.
11:23:12AM >> Second.
11:23:13AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
11:23:15AM Ms. Montelione on 48.
11:23:16AM All in favor of the motion, please indicate by saying aye.
11:23:18AM Opposed nay.
11:23:20AM The ayes have it unanimously.
11:23:22AM >>THE CLERK: The second reading of the ordinance will be
11:23:24AM held April the 18th at 9:30 a.m.
11:23:26AM And the motion passed with Capin being absent at vote.
11:23:31AM >>CHARLIE MIRANDA: Item number 49 is a public hearing.
11:23:33AM >> Gloria Moreda, land development.
11:23:50AM The request is for, request for review for an extended
11:23:54AM family residence.
11:23:56AM The property is located at 3407 West Union Street, which is
11:24:05AM just west of McFarland park.
11:24:10AM Identified here on the map.
11:24:12AM They are requesting two waivers of the conditions for a
11:24:16AM single-family residence.
11:24:18AM The limit for size is 600 square feet by code and they're
11:24:22AM requesting the size to be at 654 square feet.
11:24:26AM They are also asking for a waiver of setbacks for the

11:24:30AM addition to the building.
11:24:32AM The proposed setbacks are reducing the rear setback from
11:24:37AM 20 feet to 4 feet 3 inches, as well as reduction in the west
11:24:44AM side setback from 7 feet to 5.7 feet.
11:24:46AM The extended family residence, I have photographs.
11:24:53AM This is the structure.
11:24:58AM Modest home.
11:25:00AM I have also photographs of the residence on the east side.
11:25:08AM The residence on the west side.
11:25:14AM And across the street.
11:25:16AM The property, the site plans here.
11:25:23AM I assume they'll zoom here.
11:25:27AM But there is a, one condition that I wanted Council to be
11:25:32AM aware of.
11:25:33AM There is a large 48-inch grand oak within about five feet of
11:25:39AM the structure.
11:25:40AM The natural resource section has reviewed the proposed site
11:25:47AM plan and also received a report from the associate
11:25:52AM consulting certified arborist for the property owner.
11:25:56AM They indicate that the tree is in good condition and that
11:26:03AM natural resources at that point has no objection to the
11:26:06AM proposed site plan.
11:26:07AM The structure was, the addition was made without permit, so
11:26:13AM I just wanted Council to be aware of that.
11:26:16AM The applicant is here to discuss their proposal.

11:26:29AM >> Good morning, Anne Pollack with Mechanik Nuccio, 305
11:26:34AM South Boulevard.
11:26:35AM I represent Gilda and Enrique Perez who own the property
11:26:39AM here.
11:26:41AM They are requesting extended family residence with the two
11:26:44AM waivers.
11:26:44AM Unfortunately, Ms. Perez came down with pneumonia on Monday
11:26:48AM and is not able to be here.
11:26:51AM And Mr. Perez's sister-in-law passed away on Monday.
11:26:55AM So he's at a funeral.
11:26:57AM But they asked me to not continue and to come anyways and
11:27:02AM speak for them, because of the real need that they have for
11:27:06AM this use.
11:27:07AM And they really want to make sure that things continue to
11:27:10AM move forward despite their personal health setbacks.
11:27:12AM You know, as Ms. More rate take explained, the good, bad and
11:27:20AM ugly, the addition has been built, without permits.
11:27:23AM I'd like to give you history so you get background on how
11:27:26AM this has moved forward.
11:27:29AM It was at about 90%, 80 to 90% built when they realized they
11:27:36AM needed to get permits.
11:27:37AM And they went to permitting to get the permits.
11:27:40AM And then learned that they needed to go through this zoning
11:27:43AM process.
11:27:44AM So they needly began that.

11:27:46AM But in late 2010, Ms. Perez's mother became ill and they
11:27:51AM decided that would be best for her to move in with them.
11:27:54AM But they have a pretty small house, 1600 square feet and
11:27:57AM they decided they would add on into the back where they had
11:27:59AM a patio and construct an addition to allow her to live
11:28:05AM there.
11:28:05AM They did it bit by bit.
11:28:09AM They didn't have a lot of money.
11:28:11AM Unfortunately, in July, 2011, Mrs. Perez's mother passed
11:28:15AM away.
11:28:16AM So they decided to stop construction, be obviously not
11:28:21AM having a lot of money, they didn't need to continue at that
11:28:23AM point.
11:28:23AM But in the, I guess the end of 2011, beginning of 2012,
11:28:28AM their daughter lost her job and was unable to keep her house
11:28:35AM with her son.
11:28:36AM So they decided well, let's finish the addition and then you
11:28:39AM can live here and you don't have to worry about expenses and
11:28:42AM you can worry about finding a job and finding for your son.
11:28:46AM Right now, living in the 1600 square foot house are Mr. and
11:28:53AM Mrs. Perez, their son and his family and their daughter and
11:28:57AM her son.
11:28:57AM They believe that the son is going to move out soon.
11:29:02AM He has found a job and he will be moving out.
11:29:04AM But they would like a place for their daughter and their

11:29:07AM grandson to stay.
11:29:10AM It's really needed very much.
11:29:14AM And that's why I'm here, even though they can't be here
11:29:17AM today.
11:29:17AM Despite the fact that it does exist, you really are supposed
11:29:23AM to be looking at whether or not it's appropriate for this
11:29:25AM property to have this use there.
11:29:27AM And we feel that it is.
11:29:30AM There are a number of conditions to meet, to be a permitted
11:29:34AM extended family residence.
11:29:36AM And this property, this addition meets all but two of them.
11:29:40AM And we think are really the key ones, the most important
11:29:43AM ones are the ones that we are meeting.
11:29:46AM The main residence is owner occupied.
11:29:49AM The extended family residence is not separately metered.
11:29:53AM There's a maximum of two occupants.
11:29:55AM And those have to be related by blood.
11:29:58AM No payment of rent.
11:30:00AM And understanding that this is a temporary approval and that
11:30:05AM it will be inspected yearly and when the daughter and the
11:30:10AM grandson move out, then they would have to get additional
11:30:13AM approval to move forward.
11:30:15AM But the residence is 654 square feet, which is slightly
11:30:20AM larger than the 600 feet that's permitted.
11:30:23AM And it extends into the rear yard and a little bit into the

11:30:28AM west side yard setback.
11:30:29AM We believe that the development and this property's unique
11:30:35AM and therefore really is in need of this waiver.
11:30:37AM The property is very small and given the centralized
11:30:41AM location of the existing building, in order to allow for an
11:30:44AM extended family residence on this property, you really do
11:30:47AM have to go into the setbacks.
11:30:51AM They're looking to have two small bedrooms, a little sitting
11:30:55AM area, little kitchen and a bathroom.
11:30:57AM You know, the smallest, the minimum livable size possible.
11:31:04AM But without an intrusion into their setbacks, you really
11:31:07AM could only build 12 feet back.
11:31:09AM And that would end up with something between 200 and 300
11:31:14AM square feet the and that didn't really seem that it would
11:31:18AM suffice for having two people, including their grandson, who
11:31:24AM is 16.
11:31:25AM The tree protection radius also would limit the construction
11:31:30AM additionally.
11:31:31AM We feel that the waivers will not negatively affect or
11:31:38AM injury the rights of others who could possibly be affected.
11:31:41AM It's unobtrusive in design, it's appropriate in size and not
11:31:46AM designed to impose on neighbors.
11:31:48AM It's similar in size and location to other homes that have
11:31:51AM had additions like this built in the Macfarlane Park air.
11:31:56AM Additionally, the Perezes went and spoke with every single

11:32:01AM neighbor that surrounds their property and has support from
11:32:03AM all of them.
11:32:04AM And this, I had submitted with the additional approval, but
11:32:08AM as you can see, all the neighbors that surround the whole
11:32:12AM entire property, including the west side and the rear, who
11:32:19AM are clearly the most impacted, they are in full support of
11:32:23AM what they're doing.
11:32:24AM They've known them a long time and they understand that
11:32:27AM again, this is temporary and that it's no more than two
11:32:29AM people.
11:32:30AM We believe that the waivers in harmony and serve it is
11:32:37AM general intent of the land development regulations in the
11:32:39AM comprehensive plan.
11:32:40AM We know that there are many different living arrangements in
11:32:43AM the city.
11:32:44AM Some of which don't meet code and that these regulations
11:32:47AM really are designed to limit those occurrences.
11:32:50AM But as this use is really desperately needed by the Perez
11:32:54AM family, they're trying to do their best to come into
11:32:58AM compliance with this minimal impact as possible.
11:33:00AM So, they really want to ensure that the neighborhood remains
11:33:04AM stable.
11:33:04AM They don't want to create a precedent that goes from a
11:33:08AM single-family neighborhood to a multi-family neighborhood.
11:33:11AM And that's why they are meeting the requirements about

11:33:15AM minimum of two people, no separate meter.
11:33:20AM Occupants must be related by blood.
11:33:23AM Additionally, since I said the structure's about 90 or so
11:33:29AM complete, they really only need electrical and AC to come
11:33:32AM in.
11:33:33AM But they understand that they will have to go through the
11:33:35AM whole permitting process to ensure that the building is,
11:33:40AM meets building code requirements.
11:33:42AM Lastly, they've addressed all the city comments on the
11:33:48AM extended family residence review, including transportation
11:33:52AM and solid waste and of course natural resources.
11:33:55AM When we received the comments, Cathy Beck at natural
11:34:00AM resources wanted an analysis of what the impact of this
11:34:03AM addition was to the tree.
11:34:08AM And our certified arborist took a look and discovered this,
11:34:14AM I think it's about 44-inch laurel oak, very old, but in
11:34:17AM excellent condition.
11:34:18AM And that the tree is very healthy and in his opinion, really
11:34:25AM means that the addition has not had an effect on the tree.
11:34:28AM Since the foundation was poured, it's been about two years.
11:34:34AM And generally from the two to four year range is when you
11:34:38AM would definitely expect to see any decline in the tree, if
11:34:42AM there was any.
11:34:43AM And there's no sign whatsoever of any decline.
11:34:45AM Partly they think the reason is because the way the roots of

11:34:50AM the tree is growing.
11:34:56AM There are compact compression roots that are very short and
11:34:58AM do not actually go further, don't even get close, even
11:35:01AM though we're only four to five feet from the tree, they
11:35:06AM aren't touching the addition at all.
11:35:08AM In fact, when this was built, nobody had to cut any roots.
11:35:12AM They didn't have to do anything like that.
11:35:14AM But because of the way the roots have grown and because of
11:35:16AM the slope of the property, the tree roots are really growing
11:35:20AM in every other direction except towards the addition.
11:35:23AM This is just a picture of the roots here.
11:35:31AM They grow and they really don't go any further.
11:35:34AM But these roots on the other side continue out.
11:35:37AM With the possibility that there could be some stress in the
11:35:47AM future, but we think there absolutely won't be, but just in
11:35:52AM case, the arborist has proposed some mitigation measures for
11:35:55AM the Perez family to do to make sure that the tree continues
11:35:59AM to grow healthy, has good soil, and certain other things to
11:36:03AM do and has proposed this all to the city and Ms. Beck has
11:36:09AM accepted it and has agreed that all these mitigation
11:36:13AM measures should be a part of the permitting process so that
11:36:16AM they are required to do this prior to getting a permit, if
11:36:20AM you would choose to accept this.
11:36:22AM Lastly, we ask the arborist and the city and I both wanted
11:36:29AM to know, what would be the effect of removing the addition?

11:36:33AM Would that help the tree more?
11:36:35AM And the determination was that no it likely wouldn't help.
11:36:40AM In fact, it could hurt the tree more just because right now
11:36:45AM everything is great.
11:36:46AM It's not being -- it's not impacting the tree at all.
11:36:50AM And demolition of the structure really can have negative
11:36:53AM effects.
11:36:54AM So, that is where we stand.
11:36:56AM Allowing a waiver will allow substantial justice to be done.
11:37:04AM And would limit the hardships that would be suffered by
11:37:10AM failure for City Council to grant the waiver.
11:37:13AM >>CHARLIE MIRANDA: Just one second.
11:37:14AM Mr. Suarez, you're putting me to sleep.
11:37:16AM You've talked about the tree and you moved around.
11:37:22AM 654 feet and all that.
11:37:23AM And you're doing great until you kept on about that tree.
11:37:27AM Now I'm looking at birds flying out and everything else.
11:37:30AM Mr. Suarez?
11:37:32AM >>MIKE SUAREZ: Chair, I was going to let her finish.
11:37:33AM Are you done with your presentation?
11:37:35AM I was going to ask a question after that.
11:37:36AM >> The last thing I wanted to do was read into the record
11:37:39AM Mrs. Perez's sent a little letter just because she couldn't
11:37:43AM be here.
11:37:43AM First of all, I want to thank you all for taking the time to

11:37:48AM read my letter.
11:37:49AM I was unable to attend the meeting because I've been ill
11:37:53AM with nigh Monica.
11:37:55AM My husband has a family funeral in Miami and won't be back
11:37:58AM in time of the hearing.
11:37:59AM We did not want to postpone this as we have been waiting so
11:38:02AM long to complete this project.
11:38:03AM If given the opportunity to do so, we my husband and I will
11:38:06AM comply with all the city's requests, permits, etcetera that
11:38:10AM will be needed.
11:38:11AM We really need the extended family residence to be approved
11:38:14AM so my daughter and grandson can have their own place.
11:38:17AM I want to apologize for not taking the proper steps, but as
11:38:21AM I mentioned above, we will comply with all the city's
11:38:24AM request if given the opportunity to do so.
11:38:26AM Thank you and God bless.
11:38:29AM >>CHARLIE MIRANDA: Mr. Suarez?
11:38:30AM >>MIKE SUAREZ: Thank you, chair.
11:38:31AM You mentioned during your presentation that they were 90%
11:38:36AM done with the building and oh, my gosh, I forgot, I got to
11:38:40AM pull permits.
11:38:41AM Is that true or did code enforcement find out or did they
11:38:44AM get a client from the neighbor?
11:38:46AM >> Code enforcement got involved but I believe code
11:38:49AM enforcement got involved after they went forward to get

11:38:52AM permits.
11:38:53AM They moved forward to get the electrical permit and the AC
11:38:56AM permit.
11:38:57AM And I believe, it's my understanding, and.
11:39:01AM >>MIKE SUAREZ: So in essence, because the electrician
11:39:03AM probably told them hey, listen you need to pull
11:39:05AM personalities for the electricity, they said gosh, I guess I
11:39:09AM got to get the permits for everything else.
11:39:11AM >> Right.
11:39:11AM Well, at that point, they were processing the permit and
11:39:14AM code enforcement said no we have to stop.
11:39:17AM We have to go forward and get the zoning fixed and resolve
11:39:21AM all these other, and you don't have full permits submitted.
11:39:26AM >>MIKE SUAREZ: You know, you maybe did a little bit of
11:39:29AM omission in terms of what really actually happened.
11:39:32AM The reason I'm asking, because a lot of times people don't
11:39:34AM start building something and go my gosh, I forgot I needed a
11:39:38AM building permit unless they were not going to get a building
11:39:41AM permanent.
11:39:41AM Again, you don't have to answer that it's just a question
11:39:44AM because you brought it up as part of the record.
11:39:45AM So I just wanted to get that straight.
11:39:47AM It sound to me like code enforcement caught them after the
11:39:51AM fact, when they had already started building the building,
11:39:54AM because they went to the city to get a different permit.

11:39:57AM Correct?
11:39:58AM >> Well, that is correct.
11:39:59AM They went --
11:40:01AM >>MIKE SUAREZ: That's all.
11:40:01AM >> At that point, code enforcement realized this was an
11:40:04AM issue.
11:40:05AM >>MIKE SUAREZ: All right.
11:40:06AM I just want to clarify what was going on as opposed to that.
11:40:09AM In terms of, you know, the -- sounds to me like there's been
11:40:14AM a lot of things that have befell this family in terms of
11:40:18AM different illnesses, other issues and stuff like that.
11:40:23AM Have you had a conversation with your clients concerning
11:40:25AM when permits have to be pulled just in case they have to
11:40:28AM increase the square footage again on this particular
11:40:31AM property?
11:40:34AM >> Well, know that their plan is, as soon as we have --
11:40:39AM >>MIKE SUAREZ: Let me make it simpler.
11:40:41AM Excuse me for interrupting.
11:40:42AM Have you had a discussion of how important it is to pull
11:40:45AM permits before building anything?
11:40:47AM >> Oh, absolutely.
11:40:48AM They are not -- they're not moving forward.
11:40:51AM In fact, that's kind of been the problem, everything has
11:40:53AM been in their main house.
11:40:56AM They have nothing in their addition.

11:40:57AM It's not being used at all.
11:40:59AM And they understand they can't go forward.
11:41:01AM That's why they wanted to make sure the hearing happened
11:41:04AM today, so that they can begin the permitting process
11:41:06AM immediately and move forward and not do anything further.
11:41:10AM Absolutely not.
11:41:11AM They are fully aware that they can't do anything until.
11:41:15AM >>MIKE SUAREZ: I'm not talking about now.
11:41:17AM Talking about in the future.
11:41:18AM You're here as a testament to them not doing things the
11:41:21AM right way the first time.
11:41:22AM And you, as an excellent advocate for them, and you know, I
11:41:28AM always get confused on how incredibly important it is to get
11:41:31AM something done when they made a mistake the first time.
11:41:34AM And how it seems like this addition, although it was
11:41:40AM originally being built for a woman that unfortunately has
11:41:44AM passed away, is going to be used regardless.
11:41:47AM That there just seems to be somebody able to use this at any
11:41:51AM particular time.
11:41:52AM So, and I guess I'm having a little jaundiced eye when it
11:41:57AM comes to that.
11:41:58AM But I appreciate you bringing it up.
11:42:00AM It sounds to me like it is going to be used in the future
11:42:02AM for at least another family member.
11:42:04AM That will be coming up.

11:42:06AM So, thank you.
11:42:07AM >> If I may add, the amount of money that they've had to
11:42:10AM spend to fix this problem, I would expect is well more than
11:42:15AM they would've had to spend if they'd actually done it
11:42:18AM correct in the first place.
11:42:19AM And based on my discussions with them, they have certainly
11:42:22AM learned their lesson and know to, if any changes they would
11:42:25AM want to do, they would need to make sure to follow the city
11:42:28AM process first.
11:42:31AM >>MIKE SUAREZ: Your billable alone will convince them
11:42:34AM they've spent more than they should.
11:42:35AM Thank you.
11:42:36AM >>CHARLIE MIRANDA: Mr. Cohen?
11:42:37AM >>HARRY COHEN: Thank you.
11:42:38AM You know this is not the first time someone has come in
11:42:41AM front of us in the situation where they have built something
11:42:44AM without getting the proper permits in advance.
11:42:46AM And sometimes the Council goes ahead and approves
11:42:50AM retroactively what should've been done originally.
11:42:53AM And sometimes the Council decides to force, to compel the
11:42:58AM person or the applicant to tear down the structure.
11:43:01AM And I have no idea what my colleagues are going to decide to
11:43:07AM do today.
11:43:07AM But for anyone watching this hearing, they should be aware
11:43:10AM that when you build something without the proper permits,

11:43:13AM you take the risk that you may end up here and that you may
11:43:16AM find yourself in the situation where your neighbors are all
11:43:19AM lined up in the audience, asking us to give them relief from
11:43:24AM the fact that they never had a say in the platter to begin
11:43:27AM with.
11:43:28AM So, regardless of whatever way this goes, what Councilman
11:43:36AM Suarez said about the costs of having to, to go back and do
11:43:40AM it right, being large, regardless of that, there's also a
11:43:45AM risk.
11:43:45AM And the risk is that maybe, maybe not, is this Council going
11:43:51AM to allow them to keep that structure built?
11:43:54AM And you know, that's something that people just need to be
11:43:59AM very aware of.
11:44:00AM Because we have gone both ways.
11:44:02AM >>CHARLIE MIRANDA: Any other Councilmember?
11:44:03AM Let me say this.
11:44:04AM This is only the beginning.
11:44:07AM I've discussed this with legal many times.
11:44:10AM There are many, many, many, maybe in the hundreds, in West
11:44:17AM Tampa alone, and surrounding areas, where people add on and
11:44:23AM they add on, not something like this, but they add on a
11:44:27AM kitchen, they add on a bathroom, and they rent it out.
11:44:31AM And all of a sudden, it's not seen for a long time.
11:44:36AM It's only noticed when the property changes hands, through
11:44:42AM some miraculous operation.

11:44:44AM And then the present owner, who does not know of the
11:44:47AM citations, maybe should've known, is the one being held
11:44:51AM responsible.
11:44:53AM What happened to the individual who caused it?
11:44:55AM I'm asking myself that question.
11:44:57AM And how do you solve that?
11:44:59AM This is going to be something that the city's legal
11:45:02AM department, this city and throughout this area, the whole
11:45:04AM county, is going to be faced with in multiple, multiple
11:45:09AM lawsuits, that they did it.
11:45:12AM No one saw it.
11:45:14AM And now is the time that when somebody sells the property,
11:45:19AM the buyer is being held responsible for the actions of
11:45:23AM someone else.
11:45:24AM And I've been told, shame on the buyer.
11:45:27AM And I say, shame on us.
11:45:30AM For not seeing it.
11:45:32AM But anyway, I'm sorry, go on.
11:45:34AM >> Well, if I may, you know, ultimately it's my
11:45:37AM understanding that you really -- understanding that it's
11:45:42AM there, you are supposed to be looking at whether or not it's
11:45:45AM appropriate for this property in this situation.
11:45:48AM And we feel that even if it weren't there, that it really,
11:45:52AM the way it's been built, the layout, the size and the
11:45:59AM unfortunate need to encroach into the setbacks are

11:46:03AM appropriate for this property.
11:46:04AM And you know, the concern about having a separate renter or,
11:46:10AM you know, selling the property in the future and the future
11:46:14AM owner thinking they're getting another unit that they can
11:46:16AM rent out, that would not happen in this situation.
11:46:20AM >>CHARLIE MIRANDA: Okay.
11:46:21AM Anyone, any other Councilmember?
11:46:22AM Anyone in the audience care to speak on this?
11:46:25AM This is a public hearing.
11:46:26AM It's file 49-3-13-4.
11:46:31AM Anyone in the audience care to speak on this?
11:46:33AM Seeing no one.
11:46:34AM You need any closing statements or anything?
11:46:38AM >> No, sir, thank you very much.
11:46:40AM >>CHARLIE MIRANDA: I have a motion to close by Mr. Reddick,
11:46:42AM second by Ms. Montelione.
11:46:45AM All in favor of the motion please indicate by saying aye.
11:46:47AM The ayes have it unanimously.
11:46:48AM To close.
11:46:48AM What's the pleasure of the Council?
11:46:57AM Mr. Cohen?
11:46:58AM >>HARRY COHEN: I'll move to approve.
11:46:59AM >> Second.
11:47:00AM >>CHARLIE MIRANDA: Motion to approve by Mr. Cohen, second by
11:47:03AM Mrs. Capin.

11:47:04AM Any further discussion?
11:47:05AM All in favor of the motion, please indicate by saying aye.
11:47:07AM Opposed nay.
11:47:08AM I'm sorry, I missed a vote.
11:47:13AM 6-1.
11:47:13AM Thank you all very much for attending.
11:47:17AM Okay, we go to item 50.
11:47:20AM Continued public hearing.
11:47:27AM >> Good morning, Eric Cotton, Land Development Coordination,
11:47:30AM this is review petition for a denial from the Variance
11:47:32AM Review Board.
11:47:33AM This is the application was VRB 13-4 for property at 100
11:47:38AM West Davis Boulevard.
11:47:39AM The applicant was Martha Shepley.
11:47:42AM She's represented by Todd Pressman.
11:47:44AM Variance Review Board heard this case in January, on
11:47:48AM January 8th and denied the request.
11:47:50AM It was request to increase the wall in the front yard from
11:47:53AM three feet to six feet.
11:47:54AM There you come on to the islands, she's the second lot in
11:48:01AM from the foot of the apex of East Davis and West Davis.
11:48:05AM View of the front of the house.
11:48:11AM This is from Davis Boulevard looking back towards the home.
11:48:14AM The request at this point that the board heard was from
11:48:20AM section 27290.1, which was to increase the height of the

11:48:24AM fence, or wall from three feet to six feet.
11:48:26AM Now the board -- the applicant had seek -- had requested
11:48:31AM variance back in 2005 for pool in the front yard, which was
11:48:35AM approved by the VRB at the same time -- different applicant,
11:48:38AM different property owner at the time.
11:48:39AM The applicant also seeked, to decrease the height of the
11:48:45AM fence from three feet to six feet at that time.
11:48:47AM The VRB had denied the request.
11:48:49AM That applicant had appealed the Variance Review Board's
11:48:52AM decision to City Council.
11:48:54AM At that time, Council had overturned the Variance Review
11:48:57AM Board.
11:48:58AM But no permits were ever pulled, so, the appeal decision by
11:49:03AM the Council expired after one year.
11:49:07AM Again, she came back before the VRB in December to continue
11:49:15AM the case for clarification.
11:49:16AM It was denied in January.
11:49:17AM They're now before the City Council to request a,
11:49:22AM overturning of the Variance Review Board decision.
11:49:24AM Now, Mr. Pressman -- I don't have any elevations of what's
11:49:28AM being proposed for today.
11:49:29AM Mr. Pressman does have some.
11:49:31AM So they'll be more than happy to share those with you.
11:49:34AM If you have any questions regarding the actual VRB decision
11:49:37AM or the code?

11:49:38AM >>CHARLIE MIRANDA: Ms. Mulhern?
11:49:39AM >>MARY MULHERN: You talk fast.
11:49:40AM I listen slow.
11:49:41AM I'm sorry.
11:49:43AM You probably already said all this.
11:49:44AM When were the two requests, what years?
11:49:47AM >> The first was in 2005.
11:49:49AM And the last one was January of this year.
11:49:51AM >>MARY MULHERN: This year.
11:49:53AM >> 7-5, the board denied it.
11:49:55AM Council approved on appeal.
11:49:57AM >>MARY MULHERN: So the request, the recent one was to build
11:50:00AM the fence?
11:50:02AM >> Well, go from three feet to six feet for solid wall.
11:50:07AM >>MARY MULHERN: Was there the request to put the pool in the
11:50:11AM front yard?
11:50:12AM >> No, the pool's in.
11:50:14AM >>MARY MULHERN: Not related to the pool?
11:50:16AM >> No, it's strictly for the wall.
11:50:17AM >>MARY MULHERN: Okay.
11:50:18AM And it was denied by the Variance Review Board.
11:50:24AM We don't get to know why?
11:50:27AM >> The, on a hardship.
11:50:30AM Based on the five criteria in the code.
11:50:32AM >>MARY MULHERN: All right.

11:50:33AM Thanks.
11:50:34AM >>CHARLIE MIRANDA: Petitioner, anyone else?
11:50:35AM Petitioner?
11:50:42AM >> Todd Pressman, here with Martha Shepley, Martha is the
11:50:47AM property owner.
11:50:48AM And what I wanted to do was first orient you to exactly
11:50:52AM what's proposed.
11:50:53AM And to show you in an aerial if I may on the overhead.
11:50:59AM The home is located on West Davis.
11:51:04AM This is the home located here.
11:51:06AM You'll note the pool in front, which right off the bat is
11:51:09AM obviously an extremely unique singular type of condition.
11:51:12AM There's no other home that I know of almost anywhere, let
11:51:18AM alone Davis island, has a pool from the front yard.
11:51:26AM >>MARY MULHERN: Mr. Pressman, can you tell me what direction
11:51:28AM the, we're looking at right now?
11:51:30AM This is coming from the bridge?
11:51:36AM It's the other way.
11:51:37AM It's coming off the island?
11:51:39AM >> North is here.
11:51:39AM You'd be coming from the bridge this direction.
11:51:41AM >>MARY MULHERN: And where's the home?
11:51:43AM >> On that blue DOT.
11:51:45AM >>MARY MULHERN: So it's coming from -- it's coming from the
11:51:48AM mainland.

11:51:49AM >> Coming from the mainland in this direction, yes.
11:51:51AM That's right.
11:51:54AM >> Couple blocks in.
11:51:55AM >> Yes.
11:51:56AM So looking at a site plan, we can show you what's proposed.
11:51:59AM This is the site plan you have.
11:52:00AM You see this existing sidewalk.
11:52:04AM The wall would be proposed along the front here.
11:52:08AM That's existing pool.
11:52:09AM This is the home.
11:52:10AM You can see it's a very heavily treed lot.
11:52:13AM When we were at the first board, what was proposed was this.
11:52:19AM Which is a six foot feature across the front of the home.
11:52:24AM What we'd like you to consider today, after talking with a
11:52:27AM number of neighbors and from the prior hearings, we'd like
11:52:30AM you to consider on a condition, a pull-back from that.
11:52:37AM What we'd like you to consider is still a six foot height,
11:52:41AM but it will be three foot solid and three foot iron rod as
11:52:46AM you see here.
11:52:46AM When you look at the whole feature, that would be the entire
11:52:49AM elevation.
11:52:50AM So we have sought to make a change.
11:52:52AM Martha has been trying to work with the neighbors and work
11:52:55AM with folks who had concerns.
11:52:57AM We thought that brought that into much better lighting

11:53:01AM condition.
11:53:01AM This home was one of the first homes built in Davis Island.
11:53:04AM It's a Samuel Z bar house of Mediterranean revival nature.
11:53:09AM That's about as far as my architectural history goes.
11:53:13AM Obviously talking about a very unique and singular condition
11:53:15AM with the pool in front.
11:53:16AM In '05 during those reviews, there's a traffic count done,
11:53:21AM which accounted for 4300 vehicles per day, which you do hit
11:53:25AM at a very fast speed.
11:53:26AM It is a very wide street.
11:53:29AM One of those main entrances at that fork where you come into
11:53:31AM the island or into this residential area, which does go very
11:53:34AM fast.
11:53:35AM The critical factory here is I think obviously public safety
11:53:40AM and homeowner security.
11:53:43AM This is a pool, an attractive nuisance.
11:53:46AM It is an attractive element.
11:53:48AM There's concerns about children or people attempting to
11:53:53AM scale over, just would be a three foot structure.
11:53:56AM This is sought again to be a six foot security fence, which
11:54:00AM would change three feet and three foot, which would be
11:54:03AM clearly be a lot more secure, let alone provide some
11:54:06AM additional privacy for the family.
11:54:08AM There is a row of hedging and landscaping, which is
11:54:11AM existing, would be behind it.

11:54:13AM I do want to emphasize, as Eric indicated, a six foot
11:54:18AM structure has been approved here by Council in the past in,
11:54:21AM 2005.
11:54:21AM The issue did come to the variance board and the Council did
11:54:24AM overturn it.
11:54:25AM And was approved, although a permit was never pulled.
11:54:28AM That's why it's not existing.
11:54:29AM So in a true sense, we're coming back to ask for what was
11:54:32AM approved previously.
11:54:33AM There are other structures very similar structures in the
11:54:36AM immediate vicinity.
11:54:37AM And Martha wanted to take a minute or two and present these
11:54:40AM to you, make you aware of what some of the nearby neighbors
11:54:44AM think about the request.
11:54:44AM If I may turn over to Martha for a moment, please.
11:54:48AM >> Hello.
11:54:51AM Good morning.
11:54:52AM My name is Martha Shepley.
11:54:54AM I'm the homeowner for 100 West Davis.
11:54:57AM I'm here today, I went to the itself 0 board two times, was
11:55:02AM denied.
11:55:03AM And I'm here today because I know that this fence was
11:55:07AM approved in the past for six foot wall by Kimley-Horn and by
11:55:13AM you guys back on the day.
11:55:15AM So I'm hoping I have another opportunity today.

11:55:19AM So I'm showing, this is when I purchased the house.
11:55:22AM This is when I purchased the house.
11:55:29AM It had a six foot fencing.
11:55:32AM But it was of course not an attractive, it was a chain link
11:55:41AM fence.
11:55:41AM I'm approving the house as much as I could.
11:55:43AM And now we're facing the problem of attracting nuisance.
11:55:46AM I'm afraid of the children of the neighborhood and my own
11:55:49AM child running after a ball and probably getting, you know,
11:55:54AM with people speeding 70 miles per hour in west Davis, which
11:55:59AM we have four lanes, having a tragedy happening.
11:56:03AM So in, going to show you a few pictures of properties that
11:56:07AM have what I'm asking already.
11:56:08AM Right there, that is 44 West Davis.
11:56:14AM 412 west Davis.
11:56:17AM This is the other side of it.
11:56:20AM >> This is right up the street.
11:56:24AM >> And that's the same house.
11:56:27AM Take a whole corner.
11:56:29AM And then we have 131 West Davis.
11:56:37AM Which is Mr. Michael Martin.
11:56:40AM >>CHARLIE MIRANDA: Ms. Mulhern?
11:56:41AM >>MARY MULHERN: We're laughing because everything is lit up.
11:56:43AM If you look up on the screen.
11:56:44AM I don't know if it's up there.

11:56:46AM Looks like you have everything lighted for Christmas.
11:56:49AM >>CHARLIE MIRANDA: Something's going on.
11:56:51AM >>MARY MULHERN: Something with the television.
11:56:56AM We're not laughing at you.
11:57:07AM >> So Mr. Michael Martin also have a letter that he's in
11:57:13AM favor of the wall.
11:57:14AM There's another one.
11:57:15AM In Davis Island.
11:57:17AM And then finally, there is myself which is my biggest fear
11:57:25AM of course for the traffic.
11:57:26AM In the last hearing we have the neighbor next door from 90
11:57:35AM Davis.
11:57:36AM Lives next door.
11:57:37AM Came to the meeting and expressed her support in fear of the
11:57:40AM tragedy happening.
11:57:41AM There was an accident sometimes in the past year.
11:57:44AM Somebody ended on her lawn with their car.
11:57:47AM Thank God she had a little fencing going on.
11:57:50AM So it stopped the car from going inside the house.
11:57:53AM So she was thinking, she, like me, I have a pool in the
11:57:57AM front, someone can be in the pool, a car without having the
11:58:01AM proper wall, will not stop a car from ending up in the pool
11:58:06AM and someone could be there.
11:58:09AM Like my -- I have many neighbors' letters.
11:58:13AM So I'm going to provide for you guys.

11:58:15AM Like my neighbors' letters mentioned, the pool in the front
11:58:20AM yard without proper fencing easily allows a toy or a ball to
11:58:24AM enter the way with four lanes in west Davis.
11:58:29AM With high density traffic, we are afraid of our children
11:58:32AM chasing a toy or a ball without a proper attention to
11:58:36AM traffic.
11:58:37AM And feel a tragedy could happen.
11:58:39AM Also, attractive nuisance for small children of the
11:58:42AM neighborhood without proper attention could end up in the
11:58:45AM pool and God forbid, again, something tragedy happen.
11:58:50AM I am here to beg you guys to help me take care of this issue
11:58:55AM and have some safety for my own child and the children of
11:58:58AM the neighborhood.
11:58:59AM The pool in the front is a terrible attractive nuisance.
11:59:06AM It's a unique situation and the only one with the pool in
11:59:09AM the front on Davis side.
11:59:10AM It's only two or three feet away from the sidewalk.
11:59:13AM And this is my request building a six foot fence to assure
11:59:21AM the safety of my son and the children of the island.
11:59:23AM Including privacy and enjoyment of the family.
11:59:26AM The only problem I have that I'm facing there is that this
11:59:31AM picture will show you how close -- you see the mail guy
11:59:38AM walking out of the house after leaving the mail.
11:59:41AM There.
11:59:45AM Someone is walking by, that's great view they're having of

11:59:49AM whoever is there.
11:59:50AM Or you know, attracted to just jump into the pool if they're
11:59:55AM children.
11:59:55AM So I will myself enjoy more my pool if I can be in a bikini
12:00:00PM and not have to say my gosh, what should I do?
12:00:04PM I like to enjoy the property.
12:00:07PM A little privacy will be great.
12:00:14PM >>CHARLIE MIRANDA: I just got two calls.
12:00:16PM When's the party?
12:00:18PM >> My goodness.
12:00:19PM We're on television.
12:00:21PM Right.
12:00:21PM All right.
12:00:22PM So, my last thing to say is that allowing the variance will
12:00:30PM result in safety, security and some privacy while using the
12:00:35PM pool.
12:00:36PM And these variance was approved from the past by the board,
12:00:40PM so we are hoping today we're successful in getting an
12:00:44PM approval again.
12:00:45PM And the recent one, Ms. Corner did not build it.
12:00:52PM She thought there was not a year max to build it after
12:00:55PM spending all that money and all those going back and forth
12:00:58PM with the city.
12:01:00PM So she would've totally done it if she could've also in her
12:01:04PM life changed.

12:01:05PM So everybody's life could change.
12:01:08PM And wasn't able to then.
12:01:10PM So thank you very much.
12:01:12PM >>CHARLIE MIRANDA: I need a motion to give 20 minutes.
12:01:15PM >> So moved.
12:01:16PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
12:01:17PM Mr. Suarez.
12:01:18PM All in favor of the motion, please indicate by saying aye.
12:01:20PM Opposed nay.
12:01:21PM The ayes have it unanimously.
12:01:22PM In the order I've got Mr. Reddick, Ms. Montelione and
12:01:25PM Ms. Capin.
12:01:27PM >>FRANK REDDICK: Thank you, Mr. Chair.
12:01:28PM The petitioner, I think you just answered my staffing
12:01:32PM question.
12:01:33PM My first one, did you buy that house with the pool already
12:01:37PM being in the front yard?
12:01:40PM >> What was the question?
12:01:41PM >>FRANK REDDICK: Did you purchase that house with the pool
12:01:43PM being already in the front yard?
12:01:45PM >> Yes.
12:01:45PM >>FRANK REDDICK: So that pool was there.
12:01:47PM How long have you living there with the three feet fence?
12:01:56PM >> I can show you that picture again.
12:01:59PM >>FRANK REDDICK: No.

12:02:00PM How long?
12:02:00PM >> How long what?
12:02:02PM >>FRANK REDDICK: You living there.
12:02:03PM >>FRANK REDDICK: How long I been living there?
12:02:04PM Okay, for a year.
12:02:06PM And I planted, way planted it hasn't done anything for it.
12:02:11PM >>FRANK REDDICK: In final question I will raise, when the
12:02:14PM City Council approved you for the six foot fence, you say,
12:02:20PM you had one year to do it.
12:02:21PM You didn't understand that.
12:02:23PM >> That was the owner before me.
12:02:25PM >>FRANK REDDICK: Owner before you.
12:02:26PM >> That was in 2005, the private owner, Mr. Reddick.
12:02:29PM >> I own since 2011 and Ms. Horner was the owner 2005.
12:02:33PM When she went and got denied and then approved.
12:02:37PM >>FRANK REDDICK: And you moved in, what year?
12:02:40PM >> A little over a year ago.
12:02:42PM I've been under construction, I was, on the construction for
12:02:46PM a year.
12:02:46PM So now it's two years.
12:02:49PM >>FRANK REDDICK: All right.
12:02:50PM Two years.
12:02:50PM So you want to move from three feet to six feet.
12:02:56PM >> I'm asking for the exact same thing she asked back in the
12:02:59PM day, which was a six foot wall.

12:03:01PM And she was approved.
12:03:02PM I was denied now.
12:03:03PM In order to compromise, the wall would be great, but if
12:03:07PM that's not something that can happen, at this point, I will
12:03:11PM compromise to the three and three.
12:03:13PM To application the six foot.
12:03:16PM At least the safety part.
12:03:18PM >>CHARLIE MIRANDA: Ms. Montelione?
12:03:19PM >>LISA MONTELIONE: Thank you, sir.
12:03:20PM When you purchased the house, and I remember the pictures,
12:03:26PM maybe Mr. Pressman you can help me out here, were the bushes
12:03:32PM along the, along the property line between the sidewalk and
12:03:36PM the pool, were they there when you purchased the house?
12:03:41PM >> No, it was a chain six foot fence.
12:03:45PM >>LISA MONTELIONE: Six foot chain link fence.
12:03:48PM >> Yes.
12:03:49PM >>LISA MONTELIONE: That's usually a construction type of
12:03:51PM fencing.
12:03:53PM Black thing is called silt fence.
12:03:56PM And it prevents construction material from entering the
12:03:58PM roadway.
12:03:59PM So was -- since you say it was under construction for all
12:04:04PM that time, was that fence put there because of the
12:04:08PM construction, which is required, silt fencing.
12:04:14PM >> It could be because she was the owner before me when she

12:04:17PM worked on the renovation.
12:04:18PM And I finished the renovation.
12:04:20PM But it was there so I'm guessing for security purposes.
12:04:24PM >>LISA MONTELIONE: So the fence was there, not for
12:04:28PM protection of a pool, but for any other purpose, the fence,
12:04:32PM excuse me, the fence was there as part of the construction
12:04:35PM and renovation of the house and the black material that we
12:04:40PM saw in the picture is silt fencing.
12:04:43PM So that's unrelated to the aesthetics of the house.
12:04:48PM It's not that you want to replace the chain link for
12:04:50PM something nicer.
12:04:52PM Okay.
12:04:52PM >> It's gone already.
12:04:54PM >>LISA MONTELIONE: So I'm guessing then the bushes that were
12:04:57PM in one of those pictures was taken out and then replaced
12:05:01PM with the construction fence?
12:05:04PM >> No, no, that's when I bought the property.
12:05:07PM Let me show you the picture again.
12:05:11PM >>LISA MONTELIONE: The one that shows the house with the
12:05:13PM bushes in front of it.
12:05:16PM >> With the mail guy?
12:05:18PM >>LISA MONTELIONE: No, there was another one that showed the
12:05:20PM front elevation of the house.
12:05:25PM >> Okay, right here.
12:05:27PM >>LISA MONTELIONE: There we go.

12:05:28PM Thank you very much.
12:05:30PM Is that what it looks like today in.
12:05:32PM >> Yes.
12:05:33PM >>LISA MONTELIONE: And I understand what you're saying
12:05:34PM about, you know, toys or a ball or a child chasing.
12:05:39PM Wouldn't the bushes preclude a ball from entering the
12:05:42PM roadway and a child going after it?
12:05:44PM >> No.
12:05:45PM I'll show you right here another picture.
12:05:48PM That's my hand right there.
12:05:50PM I'm only five foot.
12:05:51PM This is high heels right now.
12:05:53PM But this is my head and I'm looking down there to my pool.
12:05:59PM >>LISA MONTELIONE: But if a ball went through, child does
12:06:01PM not -- in your statement, one of the reasons you say that
12:06:05PM the hardship exists is because you don't want somebody, a
12:06:08PM small child chasing after a ball or a toy that enters the
12:06:11PM roadway.
12:06:12PM And they would have to leave the yard and go around the
12:06:17PM fence to actually go into the roadway to get the ball.
12:06:22PM They wouldn't be able to pass through because behind those
12:06:24PM bushes that we see there in that picture, behind those
12:06:29PM bushes is a fence.
12:06:32PM >> A little one.
12:06:35PM >> This is another photo.

12:06:36PM It's not a barricade.
12:06:37PM And if I may, the element of landscaping is only one type of
12:06:41PM protection, versus having a solid structure.
12:06:44PM This -- you can see -- as much landscaping as you can put in
12:06:53PM reasonably, it's going to stop some activity but not going
12:06:56PM to stop it all.
12:06:56PM There is a definitive need for a firm physical structure for
12:07:01PM activities that might bounce over.
12:07:03PM >>LISA MONTELIONE: I guess my point is, Mr. Pressman, I just
12:07:06PM want to remove the child running out into the roadway from
12:07:09PM the argument.
12:07:10PM Because a child isn't going to run through that fence
12:07:13PM through the bushes to get to the roadway.
12:07:15PM They'd have to go all the way around.
12:07:17PM They'd have to leave through where that opening is.
12:07:23PM >> It's more of an unusual circumstance.
12:07:25PM But we do believe they'll elementary is there.
12:07:27PM But that's only one part of course of what we're presenting.
12:07:30PM >>LISA MONTELIONE: And I thought when you were going through
12:07:33PM the pictures, that's what I saw.
12:07:35PM You know, it's really a matter for me of aesthetics of
12:07:38PM whether you want the black wrought iron fence with the
12:07:43PM bushes in front of it or the other landscaping in front of
12:07:46PM it or you want the wall.
12:07:48PM >>CHARLIE MIRANDA: Ms. Capin, and Ms. Mulhern.

12:07:52PM >>YVONNE CAPIN: I must tell you, that is one of the best
12:07:55PM reasons [inaudible] watering the sod, people do not use
12:08:00PM their front yards.
12:08:01PM I've been arguing this forever.
12:08:03PM We have these setbacks, with these front yards that nobody
12:08:07PM uses.
12:08:09PM I have to say, this is one of the best uses for a front
12:08:12PM yard.
12:08:12PM Also, from our staff, I'm going to ask a question.
12:08:17PM It has to do with the fencing.
12:08:19PM And if there were lattice there, and vines growing, that
12:08:27PM would be gardening, that would be landscape, wouldn't it?
12:08:32PM >> Just freestanding lattice?
12:08:36PM >>YVONNE CAPIN: You have a pole, you have lattice and vines
12:08:38PM are growing up on it.
12:08:42PM >> I don't know how we got off by itself would be considered
12:08:46PM landscape feature as much as arbor.
12:08:48PM If it's functioning as a fence, I think it would still be
12:08:54PM considered a fence.
12:08:55PM Because the definition of fence in our code is something
12:08:57PM that separates portions of property.
12:08:59PM I think that would still be considered a fence.
12:09:01PM In the picture where just landscaping, landscaping is
12:09:07PM allowed in the front yard.
12:09:08PM It doesn't create a sight issue with traffic and sump.

12:09:12PM But just, just some lattice strung up with plants with vines
12:09:19PM growing on it, I think would still be considered a fence.
12:09:21PM Still going to meet that criteria, how a fence is defined.
12:09:26PM >>YVONNE CAPIN: And the bushes do not?
12:09:29PM >> Bushes are considered landscaping by themselves.
12:09:32PM The fence behind the bushes is what's considered the fence.
12:09:35PM >>YVONNE CAPIN: If you wanted in your front yard to grow
12:09:38PM vines, you could not use lattice to grow vines in your front
12:09:41PM yard because that would be considered a fence?
12:09:44PM >> The thing that supports the fence, thing that supports
12:09:47PM the greenery would be considered a fence.
12:09:51PM Unless you're stringing up one wire and it's somehow hanging
12:09:55PM on that wire by itself or something.
12:09:57PM Yes, I would say that's -- the material that's holding up,
12:10:04PM would be considered a fence.
12:10:06PM >>YVONNE CAPIN: Okay.
12:10:09PM And you're pretty sure of that?
12:10:11PM >> Pretty sure, yes.
12:10:13PM >>YVONNE CAPIN: All right.
12:10:13PM Thank you, again, I love the pool in the front yard.
12:10:16PM >>CHARLIE MIRANDA: Mr. Cohen?
12:10:18PM >>YVONNE CAPIN: Oh, one more thing.
12:10:19PM And do I miss -- who was the fellow, the dear honorable
12:10:24PM Council people?
12:10:25PM I miss him.

12:10:28PM >>CHARLIE MIRANDA: Mr. Cohen?
12:10:30PM >>HARRY COHEN: Just very briefly.
12:10:33PM Regarding what Councilwoman Montelione said, while I tend to
12:10:37PM agree with you about somebody going out, I through is a real
12:10:40PM danger of somebody coming in.
12:10:41PM There is a heavily traveled sidewalk and a four lane, very
12:10:48PM well traveled street out there.
12:10:50PM And I think that a wall is a protective measure against a
12:10:57PM child wandering into this pool area and inadvertently
12:11:02PM falling into the pool.
12:11:03PM So I think there is a safety argument to be made of why it's
12:11:06PM a good idea to permit it.
12:11:08PM I just wanted to add that.
12:11:11PM >>CHARLIE MIRANDA: Ms. Mulhern?
12:11:12PM >>MARY MULHERN: Thank you.
12:11:13PM Could you come up, one of you?
12:11:16PM Is that actually, is there no gate there?
12:11:19PM That's open all the time?
12:11:21PM >> That's the gate.
12:11:22PM >>MARY MULHERN: Is the gate open?
12:11:24PM >> Right now, yes.
12:11:25PM >>MARY MULHERN: So you do have a gate that closes there.
12:11:28PM >> Yes.
12:11:29PM >>MARY MULHERN: My question for you is, do you live in this
12:11:33PM house residence year round?

12:11:35PM >> Yes, she does.
12:11:36PM >>MARY MULHERN: And your kids are in school here?
12:11:38PM >> Yes.
12:11:39PM >>MARY MULHERN: There all the time.
12:11:40PM Okay.
12:11:40PM That was my question.
12:11:42PM I'm surprised that -- we have a pool in our backyard and I
12:11:45PM thought that we had to have -- but you do have the gate that
12:11:49PM closes.
12:11:50PM So that's your safety.
12:11:53PM >> Yeah.
12:11:54PM I also the five feet black -- that can be put in and out.
12:12:01PM >>MARY MULHERN: Thank you.
12:12:02PM >>CHARLIE MIRANDA: Any others?
12:12:03PM Any closing statement you care to make, sir?
12:12:05PM Ma'am, any closing statements?
12:12:08PM >> If there's someone here to speak.
12:12:09PM >>CHARLIE MIRANDA: I'm going to ask.
12:12:10PM Anyone in the audience care to speak on this?
12:12:13PM This is a continued review hearing?
12:12:17PM >> Cristan Fadal, president of Davis Island Civic
12:12:19PM Association.
12:12:21PM Probably about been through four of these.
12:12:24PM I'll make two points really quick.
12:12:27PM If I could have flexibility on time.

12:12:29PM The first one, we'd really like to look at a continuance on
12:12:33PM this because when it first came about, this was a solid wall
12:12:36PM that they had talked about.
12:12:38PM And that's all the civic association had looked at and made
12:12:41PM their vote based on that.
12:12:42PM So, know all of a sudden they come in and say we want a
12:12:46PM three foot wall and we want another three foot of iron
12:12:50PM wrought on top of that.
12:12:52PM Civic association never heard it.
12:12:53PM We had no notice of that I only learned about it probably
12:12:56PM the past 24 hours that they wanted to make a change.
12:12:59PM So it's a little, you know, it was going to be solid.
12:13:02PM Now they want to change that to three and three.
12:13:04PM I think the community should have an opportunity to at least
12:13:07PM review that and maybe discuss that with them.
12:13:10PM At least the civic association should be.
12:13:12PM But if it's not continued to allow us that opportunity, I'll
12:13:16PM go into a couple of things.
12:13:17PM First of all, the home's owned, Ms. Shepley may be the
12:13:23PM owner, she's not the true owner on record.
12:13:25PM It's Florida Pride Homes is the owner, corporation.
12:13:28PM They've gone out.
12:13:29PM She is the president of that, so she owns that so it's an
12:13:32PM entity that actually owns this.
12:13:33PM As well as a few other homes that are on the island.

12:13:37PM Same entity owns those homes.
12:13:38PM So while she may reside there, it's not, I would say it's
12:13:43PM probably not the homestead property.
12:13:45PM The second thing is, when Florida home pride purchased the
12:13:50PM property, they knew exactly what the situation was.
12:13:53PM This was actually a foreclosure.
12:13:55PM It was an auction that happened.
12:13:56PM So the price received was actually, this is the home right
12:14:02PM before it went to auction.
12:14:03PM So it was well known what the situation was with the pool
12:14:08PM and there being no true fence.
12:14:10PM That was the utility fence that was put up.
12:14:13PM Probably so no one got a lawsuit if a kid did walk into the
12:14:17PM pool.
12:14:17PM But I think it's important to know that, when making these
12:14:22PM decisions it's based on hardship.
12:14:24PM And you can't, how do you buy into -- how do you buy into
12:14:28PM something and then say now you have a hardship?
12:14:30PM As far as the civic association is concerned, that's why
12:14:35PM I've been speaking on.
12:14:36PM We want to keep it consistent with what's occurred around
12:14:39PM the neighborhood.
12:14:40PM She is obvious, Florida home pride has shown pictures of
12:14:44PM severities properties that have a little larger, I mean,
12:14:47PM there's other ones just down the street on West Davis.

12:14:50PM So there's one right there, you can take a look at that one.
12:14:54PM You can see there's the three foot high wall, solid wall.
12:14:58PM And then they put bushes behind that.
12:15:01PM I think that's something that, you know, to maintain that we
12:15:04PM don't have solid type of wall or even three and three, that
12:15:07PM we have some type of solid three foot wall and let's use
12:15:10PM some nice foliage behind it.
12:15:12PM The same thing at 104 west Davis.
12:15:16PM That's chose to go the routes of the four foot hyphens.
12:15:19PM With, and they have a pool.
12:15:22PM Actually if you look, there's a pool right behind there.
12:15:25PM So there's homes out there that they've been able to comb
12:15:29PM ply.
12:15:29PM It's been in existence and we just ask that you follow the
12:15:33PM same, the same decisions that have been made, you follow the
12:15:40PM code.
12:15:41PM That basically is out there.
12:15:43PM >>CHARLIE MIRANDA: Thank you very much.
12:15:43PM Okay, I'm sorry, petitioner, you have rebuttal if you want.
12:15:47PM >>MARY MULHERN: A question.
12:15:48PM >>CHARLIE MIRANDA: Yes, there's a question.
12:15:49PM Please come forward.
12:15:53PM >>MARY MULHERN: So your objection, the civic association's
12:15:58PM objection, and -- did you object at that last variance
12:16:03PM review?

12:16:04PM >> Correct.
12:16:04PM We were here at all of them.
12:16:06PM >>MARY MULHERN: So your objection is to the height increase?
12:16:11PM Or to the style?
12:16:12PM What is it?
12:16:14PM >> Yes, the, we were presented with a solid wall.
12:16:18PM The six foot solid wall and that's what we voted on as an
12:16:22PM organization.
12:16:23PM And we voted against that.
12:16:25PM >>MARY MULHERN: Soy, what they're proposing today is a three
12:16:28PM foot solid wall with the wrought iron above it.
12:16:33PM >> Correct.
12:16:34PM We never had notice but 24 hours ago.
12:16:36PM >>MARY MULHERN: But you're hearing it now.
12:16:38PM >> Right.
12:16:39PM But I can't speak, without a vote, I can't speak on behalf.
12:16:42PM >>MARY MULHERN: Can you speak on your own behalf?
12:16:45PM >> Absolutely, I can speak on my own behalf.
12:16:47PM I'd like, two things.
12:16:48PM Well, actually I don't know if I'd like to speak on my own
12:16:53PM behalf because I think that would muddle.
12:16:55PM >>MARY MULHERN: I just wondered.
12:16:56PM Okay.
12:16:56PM Thank you.
12:17:00PM >>CHARLIE MIRANDA: Petitioner, you have five minutes.

12:17:03PM >> We have the greatest respect for any resident, let alone
12:17:07PM the association that comes down.
12:17:08PM I did speak with Cristan yesterday, make him aware we were
12:17:11PM making changes on this.
12:17:12PM Actually the picture he showed is exactly what's proposed
12:17:15PM here.
12:17:15PM That landscaping line is still going to be there, it's going
12:17:18PM to be behind, immediately behind it, so we'll have that
12:17:21PM green element behind the three foot of iron rod.
12:17:24PM So we think that's important aspect and will make the front
12:17:28PM even softer.
12:17:29PM Regard did hardship item, the hardship is clearly having
12:17:33PM this he will element in front of the home that runs with the
12:17:36PM land.
12:17:36PM We're trying to respond to that hardship element, whether
12:17:40PM Ms. Shepley owned it or future owners, whatever they may be.
12:17:43PM So I think we really brought this into compliance as to what
12:17:48PM you'll see in the immediate vicinity.
12:17:50PM Keep landscaping there.
12:17:51PM There clearly is a very high calling about the public safety
12:17:55PM issue.
12:17:55PM We appreciate your attention.
12:17:57PM Thank you very much.
12:17:58PM >>CHARLIE MIRANDA: Thank you very much.
12:17:58PM Okay.

12:18:00PM Need a motion to close the hearing.
12:18:02PM Have a motion to close by Ms. Montelione, second by
12:18:04PM Ms. Mulhern.
12:18:06PM Further discussion by Councilmembers?
12:18:08PM All in favor of the motion, please indicate by saying aye.
12:18:09PM Opposed nay.
12:18:11PM The ayes have it unanimously.
12:18:11PM What's the pleasure of Council?
12:18:13PM >>YVONNE CAPIN: I move to approve.
12:18:15PM >>CHARLIE MIRANDA: Have a motion to approve by Ms. Capin,
12:18:17PM seconded by Ms. Mulhern.
12:18:22PM >>MARTIN SHELBY: Just clarification, the motion to approve,
12:18:25PM because I believe the petition has been amended.
12:18:28PM To be the three foot wall with the three foot wrought iron?
12:18:37PM >>YVONNE CAPIN: Move to -- yes.
12:18:39PM Move to overturn the Variance Review Board finding.
12:18:50PM >>CHARLIE MIRANDA: Side bar.
12:18:51PM Just a second.
12:18:52PM We have got a commercial.
12:18:52PM [ Laughter ]
12:19:07PM >>MARTIN SHELBY: Actually, yes, but it has to be -- was it a
12:19:12PM certain form that Mr. Mueller wishes to have it stated.
12:19:15PM He wants to have the record absolutely precise.
12:19:20PM >> Ernest Mueller.
12:19:21PM >>CHARLIE MIRANDA: The hearing was closed.

12:19:23PM >> Move to reopen.
12:19:25PM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
12:19:26PM Mr. Suarez to reopen.
12:19:28PM All in favor of the motion, please indicate by saying aye.
12:19:29PM Opposed nay.
12:19:31PM The ayes have it unanimously.
12:19:32PM Then they may also tell you, after you speak, allow the
12:19:36PM petitioner additional five minutes.
12:19:38PM >>LISA MONTELIONE: May I move we are hitting the 20 minute
12:19:40PM mark so may I move for another 15 minutes.
12:19:43PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, seconded by
12:19:45PM Mr. Suarez.
12:19:46PM All in favor of the motion, please indicate by saying aye.
12:19:47PM Opposed nay.
12:19:49PM The ayes have it unanimously.
12:19:49PM Yes, sir?
12:19:50PM >> Thank you.
12:19:51PM Ernest Mueller, assistant city attorney.
12:19:54PM What is on appeal to you is the denial of a six foot wall.
12:19:58PM There really can't be brought in front of you an amended
12:20:05PM petition, one the VRB never heard.
12:20:08PM What can be done, think potentially here, is if they agree
12:20:13PM to the condition, as was mentioned before, that if you're to
12:20:18PM overturn the board's decision, but put a condition on it, if
12:20:21PM they agree to it, that the wall could be no higher than

12:20:24PM three feet.
12:20:24PM I think that will accomplish what it is you're trying to
12:20:27PM accomplish without there being.
12:20:30PM >>CHARLIE MIRANDA: In all due respect, the condition should
12:20:31PM be that the wall cannot be any higher than six feet.
12:20:34PM Three feet and three feet.
12:20:36PM We're only looking at an abstract of three feet.
12:20:40PM >> The solid portion of it.
12:20:41PM >>CHARLIE MIRANDA: The style is up to somebody else.
12:20:43PM I'm not an attorney.
12:20:44PM Burr what happens when you're talking about the denial, the
12:20:48PM override of a six foot item is a six foot item the I
12:20:52PM understand.
12:20:55PM >> A condition --
12:20:56PM >> I understand.
12:20:57PM Let me give the petitioner.
12:21:00PM Want rebuttal time, you're entitle toed.
12:21:03PM Petitioner waivers that Ms. Montelione?
12:21:05PM >>LISA MONTELIONE: Thank you.
12:21:05PM Mr. Mueller, in discussion of the, you know, the condition
12:21:10PM on this six foot, I have a couple of concerns.
12:21:13PM Because if we move this in that manner, then what can be
12:21:20PM built is a six foot opaque wall.
12:21:22PM Because we're talking about the height as you stated, that
12:21:28PM we're not dictating design.

12:21:31PM We are dictating height.
12:21:33PM And whatever design that takes, whether it's a combination
12:21:36PM of solid and, you know, opaque and transparency, with the
12:21:42PM wrought iron above it, with what you stated, if I
12:21:46PM understand, it's height that you're talking about.
12:21:51PM >>CHARLIE MIRANDA: Excuse me for interrupting.
12:21:53PM But the party came in talking about a wall six foot height.
12:21:56PM And Mr. Mueller is correct, when we talk about the height,
12:21:59PM it should be the height.
12:22:00PM And then along that is the petitioner's request for a change
12:22:06PM of, within that height of a solid wall, plus three feet of
12:22:13PM wrought iron equaling six feet.
12:22:15PM And that's --
12:22:16PM >>LISA MONTELIONE: So want, I want to make that absolutely
12:22:19PM clear.
12:22:19PM And the other thing I want to state is that we have the
12:22:22PM civic association who has been at every single hearing, who
12:22:26PM has had concerns at every single hearing.
12:22:29PM And they're only given 24 hours notice, you know, courtesy
12:22:34PM call from Mr. Pressman, I appreciates Mr. Pressman reaching
12:22:38PM out to the civic association, but I'm not sure, since
12:22:41PM they're been at every single hearing, I'm not sure why it's
12:22:45PM only been 24 hours they were consulted with.
12:22:47PM And whenever we have had petitions such as this come before
12:22:51PM us, whether it's from a variance review situation or it

12:22:55PM comes before us just as a petition for a rezoning, we have a
12:23:00PM neighborhood, we always give the neighborhood the levity to
12:23:04PM weigh-in on the situation.
12:23:05PM So, I would personally like to honor the request of the
12:23:12PM association's president, that this be postponed because they
12:23:15PM really need to weigh-in.
12:23:18PM I mean, we generally give that credence and we give that
12:23:22PM levity to other civic associations and I feel that they
12:23:26PM deserve as much discretion as we give to the others.
12:23:30PM >>CHARLIE MIRANDA: Ms. Mulhern?
12:23:32PM >>MARY MULHERN: Thank you.
12:23:33PM Yeah, you -- Councilwoman Montelione convinced me and I
12:23:40PM agree with you, so I would support a continuance.
12:23:43PM It does seem odd that think didn't have to have a public
12:23:47PM notice for a review.
12:23:50PM These review hearings, don't we normally have a public
12:23:53PM notice?
12:23:56PM >>MARTIN SHELBY: There was publicly noticed.
12:23:58PM I guess the issue is --
12:24:01PM >>MARY MULHERN: Oh, it wasn't publicly noticed?
12:24:04PM >> This was publicly noticed.
12:24:05PM I did talk to Cristan yesterday.
12:24:07PM Our feeling was we were bringing it to a point that was
12:24:11PM similar to other elements open the island and there was a
12:24:14PM strong public need here.

12:24:16PM >>MARY MULHERN: Okay, so, the neighborhood association's
12:24:19PM objection is that you were on record as opposing this?
12:24:26PM But now -- you're proposing today a kind of compromise,
12:24:32PM which they haven't had time to review.
12:24:35PM That's what it is.
12:24:36PM I'm sorry, I think I have a problem with that.
12:24:38PM I want.
12:24:41PM >> I'd like to say something.
12:24:44PM I spoke with Mr. Fadal before -- yesterday also we were
12:24:48PM talking.
12:24:49PM He said the association is not on board with anything that
12:24:52PM is not code.
12:24:53PM So which code is three foot knee wall or four foot with one
12:24:59PM foot being clear.
12:25:00PM I'm going nor six foot.
12:25:01PM No matter what, that association is not going to be on
12:25:04PM board.
12:25:04PM Same thing happened with the hearing for Mr. Cheater.
12:25:07PM They were not on board.
12:25:08PM And exact situation.
12:25:11PM Three foot plus three foot.
12:25:14PM Maybe he can come over here.
12:25:15PM >>CHARLIE MIRANDA: Look, I'm not going to have a debate on
12:25:17PM whether you two talked or didn't talk or what you spoke
12:25:20PM about.

12:25:21PM >>MARY MULHERN: Do I have the floor?
12:25:23PM >>CHARLIE MIRANDA: Yes.
12:25:25PM >> I would only add, Mr. Christian told me, I asked him if
12:25:28PM the community association could review and he told me they
12:25:31PM support no variances to these items.
12:25:33PM So I don't know if that would be a futile effort or not.
12:25:37PM I'm not trying to be in a debate but that's what he
12:25:41PM community indicated to me.
12:25:42PM So I don't know if we're going to waste everyone's time.
12:25:45PM >>MARY MULHERN: I understand what you're saying.
12:25:46PM Here's -- okay.
12:25:51PM Here's my problem with this.
12:25:53PM The problem with us kind of approving a change that has been
12:25:59PM denied in the last time it was here, it was denied, the
12:26:05PM problem with this is that we do set a precedent.
12:26:10PM I absolutely see the hardship.
12:26:11PM But you know, once we approve this without the neighborhood
12:26:20PM having the time to review this, I don't know.
12:26:26PM I mean I think we need to hear from him again.
12:26:28PM If you are -- Mr. Cristan, is that your name?
12:26:33PM Mr. Fadal, Ms. Shepley said you would never, that your
12:26:44PM position is that you don't ever agree to any kind of
12:26:50PM variance above the code?
12:26:51PM Is that true.
12:26:52PM >> She may have misunderstood that we review everything

12:26:55PM that, that is a variance.
12:26:57PM We'll review those.
12:27:00PM Particularly and really we look more at front yard issues,
12:27:03PM because side yard --
12:27:05PM >>MARY MULHERN: So you will consider this?
12:27:06PM >> Absolutely.
12:27:07PM It would go on our next discussion.
12:27:09PM We have a committee that handles this type of stuff.
12:27:11PM >>MARY MULHERN: Thank you.
12:27:12PM Then I still have, remove my second for the overturning and
12:27:17PM would like to ask us to continue this.
12:27:19PM I would support Councilwoman Montelione's.
12:27:23PM >>CHARLIE MIRANDA: Mr. Suarez, and then we're going to ask
12:27:25PM for a continuance I think.
12:27:27PM >>MIKE SUAREZ: Mr. Pressman, it goes directly to the
12:27:30PM continuance itself.
12:27:31PM You understand where we're at in terms of this position,
12:27:33PM which is that regardless of the compromises you're spring to
12:27:39PM us now, because it's already gone through the VRB, we want
12:27:42PM to continue that process, meaning that this is the last
12:27:45PM place it comes as opposed to it being negotiated here,
12:27:48PM unlike other land use cases.
12:27:50PM You're very familiar with the land use cases.
12:27:54PM Will you accept some type of continuance in order to go back
12:27:57PM to the association and then come back to Tuesday as a, as a,

12:28:02PM to try and overturn this particular decision?
12:28:06PM >> We're happy to work with the Council in any direction.
12:28:09PM I'd ask we have been through a lot of meetings, if there's
12:28:11PM some way putting us the very last, community association and
12:28:15PM citizens if we could do something than putting us at the
12:28:19PM very last of any agenda.
12:28:23PM >> The only reason I present this to you, Mr. Pressman, is
12:28:26PM because I don't want to review an appellate appellate
12:28:29PM appellate.
12:28:30PM You know what I'm saying.
12:28:31PM I think we have a right as Council to decide this now, of
12:28:35PM course.
12:28:35PM But at the same time, because there is a different aspect of
12:28:40PM this, I think that it's only fair that we allow that the
12:28:45PM association to come through.
12:28:46PM The association may come up and say absolutely not, this is
12:28:50PM exactly what we don't want.
12:28:52PM That again is something that will be put into evidence for
12:28:55PM the overturning of this decision, see that we can come back
12:29:00PM and at least know that the association's had a chance to
12:29:04PM look at this second aspect of the wall itself.
12:29:08PM So I mean, it's up to you to ask for the continuance in my
12:29:12PM mind.
12:29:12PM You know, you can make the decision going forward.
12:29:15PM >> We want to do whatever the Council --

12:29:17PM >> Let me say this.
12:29:18PM To get this thing off the floor, we're not going to get it
12:29:22PM resolved.
12:29:22PM I'm looking at April 1st at 10:00 and you will be heard at
12:29:26PM 10:00.
12:29:27PM >> We need to ask Christian.
12:29:30PM >> I can't solve everybody's problems.
12:29:32PM Well, you might have to call a special meeting like we do.
12:29:41PM I'm tied here and I just want to get this rolling.
12:29:44PM >> Move to continue to April 1st.
12:29:46PM >>CHARLIE MIRANDA: I have a motion to April 18th at 10:00 in
12:29:48PM the morning.
12:29:49PM Yes, sir, counselor?
12:29:50PM >>MARTIN SHELBY: Just want to add Council for the benefit of
12:29:54PM the petitioner, benefit of Council and benefit of the civic
12:29:57PM association, is that a civic association's opinion is not
12:30:01PM relevant to the criteria of the variance.
12:30:04PM But granted that Council wants to give them the opportunity
12:30:08PM to discuss the new proposal.
12:30:11PM >>CHARLIE MIRANDA: There's one thing I like in life and
12:30:13PM that's harmony.
12:30:16PM >> Can we do anything on the agenda, in placement of this
12:30:19PM item, please?
12:30:21PM >> He said 10:00.
12:30:22PM >>CHARLIE MIRANDA: April 18th at 10:00 in the morning.

12:30:24PM And I will hear you at 10:00.
12:30:27PM No, no more.
12:30:30PM All right.
12:30:35PM Anything else?
12:30:35PM On this hearing?
12:30:37PM We continue it.
12:30:38PM Need a motion to continue.
12:30:39PM Your motion is going to be withdrawn?
12:30:42PM >>YVONNE CAPIN: I withdraw the motion and move to continue
12:30:44PM it.
12:30:47PM >>CHARLIE MIRANDA: You made the motion to continue.
12:30:51PM >>I have a motion by Mr. Reddick, second by Mrs. Capin.
12:30:55PM >>YVONNE CAPIN: No made motion.
12:30:57PM >>CHARLIE MIRANDA: To continue to April 1st at 10:00.
12:30:59PM Second by Mr. Reddick.
12:31:00PM All in favor of that motion, please indicate by saying aye.
12:31:02PM Opposed nay.
12:31:03PM The ayes have it unanimously.
12:31:04PM Okay.
12:31:05PM We go to information reports.
12:31:08PM Mr. Suarez?
12:31:10PM >>MIKE SUAREZ: Nothing at this time.
12:31:11PM I hope that at some point we will talk a little about
12:31:15PM Mr. Corralla and giving him a commendation at some point.
12:31:19PM But I will hold off until that time.

12:31:22PM >>CHARLIE MIRANDA: Thank you very much.
12:31:23PM Ms. Capin?
12:31:25PM >>YVONNE CAPIN: Thank you.
12:31:26PM I was in Tallahassee Monday, Tuesday and Wednesday,
12:31:34PM attending the Florida chamber international days as you all
12:31:41PM know, that is something that I'm very interested in, as
12:31:44PM along with the Mayor that he wants to make our city an
12:31:47PM international city.
12:31:49PM And I want to support him in that.
12:31:53PM While I was there, it was -- April the 2nd, which was
12:31:57PM Tuesday, was the anniversary, the 500th anniversary of the
12:32:06PM first recorded European to land on Florida's shore.
12:32:10PM There's no one, nothing in the entire United States, in
12:32:14PM North America that can claim 500 years of anything.
12:32:18PM It is us.
12:32:19PM It is Florida.
12:32:21PM Therefore, there was a reception at the governor's mansion.
12:32:25PM It was -- the theme was again the 500th anniversary.
12:32:39PM How the world changed at that time.
12:32:41PM And there's no doubt, it may not have been discovered, but
12:32:46PM it definitely changed the world.
12:32:47PM So what I want to bring up is that, we here in Tampa, as far
12:32:53PM as I know, have no commemorative celebration on this 500th
12:32:58PM anniversary.
12:32:59PM And the reason is that I bring this up is because, it is

12:33:04PM really important.
12:33:06PM Here in Florida, many people think Florida started when air
12:33:09PM conditioning came in.
12:33:12PM But we have a history.
12:33:14PM The flag of Spain, the flag of the British flag, the French
12:33:19PM over the state, over this peninsula.
12:33:22PM Again, a history that we have to perpetuate.
12:33:27PM So when people come to visit, we are the number one tourist
12:33:30PM destination in the world, is Florida.
12:33:32PM We're at almost 90 million visitors a year.
12:33:36PM This is something else.
12:33:39PM This is not only to look, see our beaches and the Mickey
12:33:45PM Mouse, but actually come in and part of education of
12:33:50PM Florida's history.
12:33:51PM Therefore, I spoke to the people over there in Tallahassee.
12:34:00PM But briefly what I'd like to propose and it would take more
12:34:04PM than -- I just want to put this out there and then maybe
12:34:07PM think about this.
12:34:08PM Pedro Menendez de Aviles, who was the first -- founded in
12:34:16PM the first governor of St. Augustine, 1565 was the first
12:34:20PM governor of Florida rather.
12:34:24PM He was an Asturiano.
12:34:26PM And the Centro Asturiano sits on Nebraska avenue.
12:34:30PM I'd like to propose that either that section of Nebraska,
12:34:33PM the name, or certain sections be changed to Pedro Menendez

12:34:38PM de Aviles.
12:34:39PM The other street I'm interested in, or thinking about is
12:34:45PM 22nd Street.
12:34:47PM Francisco Menendez, a multilingual African-American who
12:34:51PM escaped slavery from the Carolinas because the underground
12:34:56PM came south before it went north, because Florida was --
12:34:59PM Spain had outlawed slavery.
12:35:05PM He gained his freedom in Spanish Florida and led the militia
12:35:11PM as an officer.
12:35:11PM As far as I know, he is the first African-American military
12:35:14PM officer in what is now the United States and his name is
12:35:18PM Francisco Menendez, African-American and a portion of
12:35:21PM 22nd Street.
12:35:24PM I haven't looked into the entire process.
12:35:26PM But that would be a permanent reminder of the history that
12:35:30PM is here in Florida.
12:35:34PM And I would like us to move forward, looking at this
12:35:39PM further, or investigating.
12:35:41PM And if you will give me the go-ahead and I will investigate
12:35:46PM what it would take to do this.
12:35:48PM >>CHARLIE MIRANDA: I believe you got the go-ahead without
12:35:50PM anything.
12:35:50PM I really do.
12:35:56PM >>HARRY COHEN: May I just say something?
12:35:58PM Councilwoman Capin, I think that's a great idea.

12:36:01PM If I'm not mistaken, our chief judge, Manuel Menendez, Jr,
12:36:05PM is quite an authority on the history of the name and the
12:36:08PM family.
12:36:09PM And you may want to consult with him about your idea because
12:36:12PM he may have some thoughts as to how we can enhance the
12:36:16PM significance of whatever kind of monument ultimately gets
12:36:19PM placed there.
12:36:20PM >>YVONNE CAPIN: I appreciate that and I will follow-up with
12:36:22PM that and hopefully this is -- 2013 is the 500 year and
12:36:28PM hopefully we get that through before the end of the year.
12:36:30PM Also I want to say that NBC news had an article on this
12:36:39PM yesterday, about Florida being named, the way it was named
12:36:45PM and again, the 500th anniversary.
12:36:48PM There was another little note I wanted to bring up here.
12:36:51PM The U.S. Post Office will be unveiling the commemorative
12:36:56PM anniversary with the unveiling of La Florida forever stamp.
12:37:01PM So it is a big deal and we should keep it alive.
12:37:06PM Thank you very much.
12:37:07PM >>CHARLIE MIRANDA: Thank you very much.
12:37:07PM Mr. Reddick?
12:37:08PM Ms. Mulhern?
12:37:10PM >>MARY MULHERN: Yes.
12:37:11PM Councilwoman Capin, did you forget about the Cuban sandwich
12:37:14PM festival?
12:37:17PM >>YVONNE CAPIN: I'm getting over it.

12:37:19PM >>MARY MULHERN: You want me to announce?
12:37:22PM >>YVONNE CAPIN: Absolutely.
12:37:22PM >>MARY MULHERN: I got the salt poisoning from being a judge.
12:37:25PM I've never experienced anything like that.
12:37:28PM >> Were told not to overdo it.
12:37:30PM >>MARY MULHERN: I tried.
12:37:30PM But the sandwiches were so good.
12:37:32PM The Cuban -- the official second annual 2013 Cuban Sandwich
12:37:41PM Festival -- the Ybor City Cuban Sandwich Festival was a huge
12:37:47PM success.
12:37:47PM And the winner of both traditional and nontraditional Cuban
12:37:53PM sandwich was Michelle Faedo.
12:37:56PM And it was really good.
12:38:02PM And I voted, that was my top sandwich.
12:38:03PM So I think it probably was unanimous.
12:38:06PM I wanted to ask Councilwoman Capin if she knows how many
12:38:10PM people, because I understand in 2012 there were 5,000
12:38:13PM people.
12:38:13PM There were so many people there.
12:38:16PM >>YVONNE CAPIN: We don't have an official number as far as I
12:38:18PM know.
12:38:19PM But it was at least double.
12:38:20PM There was at least 10,000 people in the streets around that
12:38:25PM park Saturday.
12:38:26PM >>MARY MULHERN: It was great.

12:38:27PM And I didn't really get poisoned.
12:38:29PM I just never felt like that before in my life.
12:38:31PM [ Laughter ]
12:38:32PM >>MARY MULHERN: I don't know what it was.
12:38:34PM I have one piece of new business.
12:38:35PM It's actually from last week.
12:38:38PM Council agreed that I would bring the resolution that our
12:38:44PM chair send a letter to the Hillsborough legislative
12:38:47PM delegation opposing house bill 33, senate bill 466, and also
12:38:54PM asking individuals on Council to and a letter before today.
12:39:00PM So today, I'm asking to you pass a resolution to send a
12:39:04PM letter from Council, but I also want to thank Councilwoman
12:39:07PM Montelione, because she sent a letter, and I also sent my
12:39:11PM letter and perhaps that's why house bill number 901, the
12:39:16PM other bill we were going to write about, did not make it
12:39:20PM through the committee.
12:39:20PM So hopefully by the time we send our letter today, maybe the
12:39:25PM other bill won't have made it through.
12:39:26PM Councilwoman Capin?
12:39:28PM >>YVONNE CAPIN: I'm sorry.
12:39:29PM I did Tuesday morning make the rounds at the state house,
12:39:36PM visiting our delegation.
12:39:38PM I'm sorry I did not mention that.
12:39:40PM But I did do that.
12:39:41PM I did visit Betty Reed, Dana Young, Janet Cruz, Arthenia

12:39:48PM Joyner.
12:39:52PM >>MARY MULHERN: We could've given you the letter but we
12:39:54PM hadn't read it yet.
12:39:55PM The letter will be going out.
12:39:57PM That's a motion for the resolution.
12:40:01PM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
12:40:03PM Mr. Suarez on a close vote with Mr. Cohen.
12:40:07PM All in favor of the motion, please indicate by saying aye.
12:40:08PM The ayes have it unanimously.
12:40:11PM >>MARY MULHERN: That's all I got.
12:40:12PM >>CHARLIE MIRANDA: Thank you very much.
12:40:12PM Mr. Cohen?
12:40:14PM >>HARRY COHEN: No new business, but do I want to say that
12:40:17PM NBC news also had a story, excuse me, was on NBC sports
12:40:23PM about the taste of Boston restaurant that is at the Ballast
12:40:25PM Point pier.
12:40:27PM And it we was featured on a fishing program that aired this
12:40:32PM past weekend.
12:40:32PM So if anyone is hungry for clam chowder, that is where you
12:40:36PM can go to get it.
12:40:38PM >>CHARLIE MIRANDA: Thank you, sir.
12:40:39PM Ms. Montelione?
12:40:41PM >>LISA MONTELIONE: Thank you, sir.
12:40:43PM I do have a piece of new business.
12:40:47PM A letter has been distributed to other Councilmembers.

12:40:53PM I'm concerned Mr. Shelby just left the room.
12:40:57PM Hopefully he'll come to the podium.
12:40:59PM This is a letter that is addressed to the speaker of the
12:41:06PM house and the senate president.
12:41:08PM And copied to the Hillsborough County legislative
12:41:11PM delegation.
12:41:11PM We spent a couple of Council meetings discussing the
12:41:18PM deficiency in the fund we have to help seniors with
12:41:22PM improvements to their homes and some of them, life safety
12:41:26PM issues and some of them weatherization issues, that you save
12:41:31PM on electricity and make their dollar go a little bit
12:41:34PM further.
12:41:34PM And we have got several hundred requests.
12:41:38PM I mean we have 200 and I think 59 people on a waiting list
12:41:41PM now.
12:41:42PM But there are many other people who are looking to get
12:41:45PM services from the city.
12:41:47PM But we simply can't help them because we don't have the
12:41:49PM money.
12:41:49PM There is floating through the capitol right now bills that
12:41:57PM would essentially sweep the SHIP funds from the accounts
12:42:05PM that we generally receive funding from.
12:42:07PM And the reason for that is because attorney general Bondi
12:42:12PM was very successful in her lawsuit to secure $200 million
12:42:18PM from several banks on the foreclosures that they were

12:42:23PM pushing through during the time of the downturn and the
12:42:27PM banking mortgage industry crisis.
12:42:29PM So, our legislators thought since we were getting
12:42:37PM 200 million, we can shift that SHIP account because we have
12:42:41PM $200 million to spend.
12:42:42PM Unfortunately, the $200 million is not specifically
12:42:49PM allocated to any particular program.
12:42:51PM And the fear is that the Sadowski fund, which is mentioned
12:42:58PM in the letter would be completely wiped out and by the time
12:43:02PM any allocation of the $200 million settlement came about,
12:43:08PM there would not be a funds to replenish the Sadowski funds.
12:43:13PM And there also is not a -- I believe a mechanism in place to
12:43:17PM replenish those SHIP funds.
12:43:20PM Mr. Shelby spoke to Representative Fasano at length
12:43:26PM yesterday.
12:43:26PM Day before yesterday.
12:43:30PM And he has been leading the charge.
12:43:32PM So I really appreciate the representative's work on this
12:43:35PM because he has been leading the charge to protect the
12:43:39PM Sadowski fund and to retain several million dollars.
12:43:42PM He had started with 50, but he's actually very happy that a
12:43:47PM bill has been floated to put $70 million and keep
12:43:50PM $70 million in the Sadowski fund.
12:43:53PM So what I'm asking for Council to do is to approve this
12:43:57PM letter, obviously to be filled in with the date of the vote

12:44:02PM and under the chair's signature and on his stationery as
12:44:05PM chair of the Council, to send this to express our really
12:44:11PM deep concern that money be retained in this Sadowski fund
12:44:17PM for the improvement of senior -- SHIP funds, which is senior
12:44:22PM housing improvement program.
12:44:24PM >> Second.
12:44:25PM >>CHARLIE MIRANDA: I have a motion and a second, motion by
12:44:27PM Ms. Montelione, second by Ms. Mulhern.
12:44:29PM All in favor of the motion, please indicate by saying aye.
12:44:31PM Opposed nay.
12:44:32PM The ayes have it unanimously.
12:44:33PM Anything else, Ms. Montelione?
12:44:36PM >>LISA MONTELIONE: No, sir, that was all.
12:44:37PM >>CHARLIE MIRANDA: Ms. Capin?
12:44:39PM >>YVONNE CAPIN: I forgot to mention.
12:44:40PM While I was in Tallahassee, I also received an invitation
12:44:43PM from the Tampa Chamber of Commerce to, to join them in their
12:44:50PM inaugural trip to Cuba.
12:44:52PM And I agreed to be on that, on that -- again, international
12:45:01PM relations, international -- our Tampa-keeping with our
12:45:06PM history of Tampa being an international city, and its main
12:45:13PM trading partner was Cuba.
12:45:15PM So, I gladly agreed and I will be attending, may
12:45:22PM 29th through June 2nd.
12:45:25PM >>CHARLIE MIRANDA: Okay.

12:45:25PM Anything else?
12:45:26PM Anyone in the audience care to speak before we adjourn?
12:45:31PM >> Motion to receive and file.
12:45:33PM >>CHARLIE MIRANDA: By Mr. Cohen, second by Ms. Montelione.
12:45:35PM Anything else?
12:45:36PM All in favor of the motion, please indicate by saying aye.
12:45:37PM The ayes have it unanimously.
12:45:40PM Adjourned.



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.