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Tampa City Council

Thursday, May 16, 2013

9:00 a.m. Session


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09:00:36 >>CHARLIE MIRANDA: City Council is called to order.

09:07:26 Chair yields to Lisa Montelione.

09:07:28 >>LISA MONTELIONE: This morning, I am honored to introduce

09:07:34 Reverend Bernice Powell Jackson who spent her life for human

09:07:43 and civil rights, women's rights and peace and justice

09:07:45 around the world.

09:07:46 She served on the national staff of the united church of

09:07:48 Christ for two decades and served as the Executive Director

09:07:52 of the United Church of Christ Commission for Racial

09:07:54 Justice.

09:07:55 Pastor Bernice is the pastor of First United Church of Tampa

09:07:58 on Fowler Avenue.

09:07:59 She also serves as president of the World Council of

09:08:03 Churches in the North America region.

09:08:07 Close to home, she is the 2013 co-president of the

09:08:10 Hillsborough organization for progress and equality better

09:08:13 known as hope.

09:08:15 Everyone please stand for the invocation and remain standing

09:08:18 for the pledge of allegiance.

09:08:19 >> Let us pray.

09:08:24 Our eternal one, our creator, we know you in many ways and

09:08:28 call you by many names.

09:08:30 We thank you for this new day with new opportunities to

09:08:34 serve as we set toward our daily work.

09:08:39 We pray for strength sufficient for our task.

09:08:41 We pray for humility and insight and courage and compassion.

09:08:46 We pray for the members and staff of this City Council for

09:08:50 our mayor, our governor, and all of our elected officials,

09:08:53 that you might touch their hearts.

09:08:56 We pray for this city that we also love, for its citizens

09:09:01 and particularly for the most vulnerable among us, for the

09:09:05 disabled, for the elderly, for the children, for the poor,

09:09:08 for the homeless, and the jobless.

09:09:11 May the work that this council does this day and he have day

09:09:14 be pleasing in your sight.

09:09:16 May we be ever mindful of those who work with justice and

09:09:23 freedom and dignity for all humankind.

09:09:26 This is our prayer.

09:09:28 Amen.

09:09:28 [ Pledge of Allegiance ]

09:09:31 >>CHARLIE MIRANDA: I need a motion for the adoption of the

09:09:52 meeting on May 2nd.

09:09:53 >> So moved.

09:09:54 >> I have a motion by Mr. Suarez.

09:09:56 Second by Mr. Cohen.

09:09:56 All in favor of the motion please indicate by saying aye.

09:09:59 Opposed nay.

09:10:00 The eyes have it unanimously.

09:10:03 We have a full calendar on item number 57 that is not a

09:10:09 public hearing.

09:10:10 That's a staff report.

09:10:11 So he would I call now in a few seconds, individuals who

09:10:14 want to speak on any item on the agenda, the time to speak

09:10:17 on that could be now.

09:10:19 Because when we get the staff reports there are no speakers.

09:10:23 So if you are going to speak on item 57 which is the noise

09:10:27 ordinance, then the time to speak on it would be when I

09:10:32 start in a few seconds.

09:10:33 And anyone here for a public hearing that is set for those

09:10:36 public hearings at a certain time, then those individuals

09:10:39 that are going to speak on hearings that are set have to

09:10:42 wait until the time that that item comes up.

09:10:45 But 57 is not a public hearing, and you are certainly

09:10:48 entitled to speak, and we hope that you do come up and speak

09:10:51 on it.

09:10:51 Thank you all very much.

09:10:52 >>THE CLERK: Roll call.

09:10:57 >>CHARLIE MIRANDA: Roll call.

09:10:58 >>MIKE SUAREZ: Here.

09:11:00 >>FRANK REDDICK: Here.

09:11:01 >>HARRY COHEN: Here.

09:11:03 >>LISA MONTELIONE: Here.

09:11:04 >>CHARLIE MIRANDA: Here.

09:11:05 I need a motion for the adoption of the agenda and the a

09:11:11 deny done of the agenda, I should say.

09:11:14 I have a motion by Mr. Cohen.

09:11:15 Second by Mrs. Montelione.

09:11:17 All in favor?

09:11:18 Opposed?

09:11:19 The ayes have it unanimously.

09:11:20 We go to ceremonial activities.

09:11:22 The first presentation is Moffitt cancer center and Ms.

09:11:26 Montelione will handle that.

09:11:28 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:11:40 Thank you, council.

09:11:42 This morning, we are recognizing "make May Moffitt month."

09:11:51 I always get the hard ones.

09:11:53 Public awareness campaign to promote and encourage

09:11:57 philanthropic research at Moffitt cancer center.

09:12:00 The entire month of May 2013, make May Moffitt month, is

09:12:06 uniting the Tampa Bay community and making strides towards

09:12:09 ending cancer, which afflicts more than 1.6 million

09:12:13 Americans each year.

09:12:16 We also want to thank the local business community for its

09:12:19 support of make May Moffitt company led by Buffalo wild

09:12:24 wings which is offering customers discounts at area

09:12:27 restaurants to raise funds for cancer research during the

09:12:30 month of May.

09:12:31 Snow, in celebrating May Moffitt month, the City Council,

09:12:37 the community involvement is critical to the success of

09:12:40 local institutions such as Moffitt cancer center, which play

09:12:45 such an important role in the public health and economic

09:12:48 vitality of this city.

09:12:50 Our own city Councilman Mike Suarez is a cancer survivor,

09:12:55 thanks to the great care provided at Moffitt, he is an

09:12:58 example of how Moffitt's care touches all of us, and how

09:13:02 important it is to support their work.

09:13:09 On this day, May 16, 2013, it is with great pleasure that

09:13:14 the council, make May Moffitt month honoring all local

09:13:22 residents participating in this worthwhile campaign.

09:13:24 Thank you very much for the work that you do, and it's vital

09:13:31 not only to our community but those from around the world

09:13:34 who come to Moffitt for care.

09:13:36 [ Applause ]

09:13:42 >> Good morning council members.

09:13:44 Thank you so much, Councilwoman Montelione and council

09:13:47 members.

09:13:48 We are so grateful for this oh recognition of Moffitt cancer

09:13:53 center.

09:13:54 Without the support of the City of Tampa, the City Council,

09:13:58 Moffitt cancer center would not be what it is today.

09:14:02 27 years ago, opened our doors, and now with the support of

09:14:06 the City Council, people of Tampa, we have become one of the

09:14:12 premier cancer centers in the country.

09:14:15 In addition to premiere research, groundbreaking research

09:14:19 for new cancer treatments, and outstanding cancer care, we

09:14:23 are one of the largest employers in the City of Tampa.

09:14:30 We are here for the City of Tampa first and foremost.

09:14:33 We take care of hundreds of Tampa residents each year.

09:14:36 We are here today to talk about community involvement, and

09:14:40 with cancer being a disease it affects he have family.

09:14:45 One out of every two men will get cancer, one out of every

09:14:48 three women.

09:14:50 Often people wonder, what can I do?

09:14:53 And there's a lot of things that people can do and I am

09:14:56 grateful for this opportunity to share just a few things.

09:14:58 One, more than 50% of cancer deaths are prevent be.

09:15:04 That's right, more than 50% of cancer deaths are

09:15:09 preventable, with technology and common sense things we

09:15:11 already have.

09:15:12 First folks can quit smoking and encourage their friends and

09:15:16 families to quit smoking.

09:15:17 They can adopt sun safety measures, sun screens, staying out

09:15:21 of the sun, and they can get their checkups, mammograms,

09:15:26 colonoscopy, prostate exams, when their doctor tells them

09:15:30 to.

09:15:30 And with those techniques, many lives can be saved.

09:15:34 So we appreciate this opportunity to get the word out.

09:15:36 And please, everyone here, spread the word, because as a

09:15:40 citizen, you have a person, a family member, a colleague,

09:15:45 you can save lives by spreading that simple information.

09:15:48 Also, the business community has a great role in the battle

09:15:53 against cancer and we are here today to highlight a very

09:15:56 special contribution of a local business that's growing in

09:15:58 Tampa, and also growing in their impact to the community,

09:16:02 and that's Buffalo wild wings.

09:16:05 They are raising money hands over fist, wing by wing, to

09:16:10 help the research at Moffitt cancer center and holly is here

09:16:15 to tell but that.

09:16:16 >> Thank you, council members.

09:16:17 We truly appreciate the recognition today.

09:16:21 This month, we will donate -- I'm sorry, we will offer 10%

09:16:27 off to everybody that buys a $5 wristband and our newest

09:16:31 location is in Ybor City on 7th Avenue, and we also

09:16:35 opened up in October of last year in Largo on Ulmerton road

09:16:38 in Largo mall.

09:16:40 And I started off as a server in three of our locations, and

09:16:45 you will be the Moffitt research center touches he have

09:16:52 single person in the community.

09:16:55 Right now, we bring over $18,000 for make May Moffitt month.

09:17:02 [ Applause ]

09:17:06 >> And if it wasn't for our contest partners we wouldn't be

09:17:11 able to, and we are hoping to support them this year, too.

09:17:16 With that said I would like to introduce Brittany.

09:17:19 >> Good morning.

09:17:23 I would like to echo and thank those of council and Moffitt

09:17:31 for being such a great community partner.

09:17:34 Our concept nationally does so much for philanthropy and

09:17:38 locally.

09:17:39 It really is such an important contribution for us.

09:17:48 You know, from a personal standpoint, of course, I too have

09:17:53 been touched through my family, and think it's a wonderful

09:17:57 innovation to contribute.

09:18:00 We thank you for allowing us to really have the personal

09:18:06 touch.

09:18:07 From a business perspective it's been an honor to contribute

09:18:10 to such a worthy foundation.

09:18:12 So thank you.

09:18:14 [ Applause ]

09:18:16 >>CHARLIE MIRANDA: Thank you.

09:18:17 Item number 2 is a presentation, commendation, Hakim Aquil,

09:18:36 handled by Mr. Frank Reddick.

09:18:55 >>FRANK REDDICK: Thank you, Mr. Chair.

09:19:00 Today is a very, very important day in the City of Tampa.

09:19:05 We are going to recognize one of the great humanitarians and

09:19:10 civic leaders who has been in our community for many, many

09:19:12 years, so many people know him, so many people respect him,

09:19:16 and for the many people -- so many people have joined him on

09:19:19 the corner of Columbus drive for over 20 years, whether you

09:19:26 are a politician, whether you are running for office,

09:19:31 whether you are a transportation driver, bus driver, or

09:19:34 whether you are just an on the other hand citizen.

09:19:38 Have been has stand on that corner.

09:19:40 And they say if you want to have a chance to get elected to

09:19:42 anything in the City of Tampa you must stop by that corner.

09:19:46 And I have been there many times.

09:19:48 [ Laughter ]

09:19:48 So I want to come before us my good friend, and have been

09:19:59 knows my twin brother -- (laughter), HAKIM, will you come

09:20:10 forward?

09:20:14 >>CHARLIE MIRANDA: Take the glasses off and be identical

09:20:33 twins.

09:20:33 >> We would like to present this to you in recognition for

09:20:37 over 40 years of service to the City of Tampa.

09:20:39 The Tampa City Council would like to take this opportunity

09:20:41 to thank you for your many years of service as a business

09:20:44 and community leader.

09:20:45 You have always been faithful in your service to the

09:20:49 citizens of the City of Tampa through various activities

09:20:51 such as tutoring, Florida housing, retail establishment, and

09:20:56 the Islamic charitable trust which provides food, clothing,

09:21:00 toys, to those that are less fortunate, and recently HAKIM

09:21:05 had the honor of having a scholarship named after him, and

09:21:09 that is a great achievement.

09:21:11 We extend best wishes to you as you move forward in all of

09:21:14 your future endeavors.

09:21:15 You have truly been an asset to the community and a role

09:21:18 model to other as round you.

09:21:20 We thank you and wish you the best.

09:21:24 [ Applause ]

09:21:26 And if you will just stand and be recognized showing your

09:22:09 support of this young man.

09:22:12 [ Applause ]

09:22:13 And I just want to say, and you can make a few comments,

09:22:18 because I know you love talking.

09:22:20 [ Laughter ]

09:22:25 >> In the name of God

09:22:31 I would like to extend one of the most proud feelings that I

09:22:41 didn't know I had myself, but the very thought of being here

09:22:46 and seeing so many friends, supporters, relatives come out

09:22:52 and support something that will benefit humanity.

09:22:57 As I always say, what I do, it's never about me.

09:23:02 It's always about the creation of human beings.

09:23:07 And if you help a human being, you are helping yourself.

09:23:11 Because that same human being can help other beans, and this

09:23:14 is what made America great.

09:23:15 And now in different parts of the country took place

09:23:23 yesterday, and we had some other disasters, but we always

09:23:26 pull through.

09:23:26 We always pull together.

09:23:27 And the hardest thing is you have one pulling over there and

09:23:30 one pulling over there, to reach the goal.

09:23:33 But our goal is to look for the less fortunate.

09:23:38 But for the grace of God it could have been I.

09:23:40 So that is something that has been dear to me and will

09:23:45 continue to be dear to me, and knowing that the benefits to

09:23:48 help others, it's really and truly the truest benefit that

09:23:53 one could of want to achieve in life.

09:23:55 So I'm thankful and I'm humbled.

09:23:58 And I would like to give special recognition for

09:24:08 Congressman -- [ Laughter ] Mr. Frank Reddick for having the

09:24:13 insight to see me as others may have seen me, and recognize

09:24:18 that he stepped forward and did what he did, and I thank him

09:24:21 so much for that.

09:24:22 And I would also like to thank the City Council, because me

09:24:27 being involved in politics he, I was playing with the

09:24:29 numbers.

09:24:29 I got four, I got five, I got six, but never would I get 7

09:24:34 out of 7.

09:24:36 [ Laughter ] so it showed that I was really noticed, and

09:24:39 that's why you always have to be in good character because

09:24:42 you never know who watching you.

09:24:44 You understand what I'm saying?

09:24:45 Because it was the right thing to do and God enabled me to

09:24:54 do it.

09:24:55 Again I want to keep it short out of respect for council.

09:24:59 [ Laughter ] but what can I say?

09:25:02 I love you and God bless you.

09:25:03 And I'll see you next time.

09:25:08 >>CHARLIE MIRANDA: Thank you very much.

09:25:09 [ Applause ]

09:25:17 Ms. Mulhern.

09:25:18 >>MARY MULHERN: I just wanted to tell HAKIM that when

09:25:23 Councilman Reddick asked us to give you this commendation,

09:25:35 with the word HAKIM.

09:25:39 >>CHARLIE MIRANDA: And the lotto is 390 million.

09:25:44 All right.

09:25:45 Item number 3 we are not going to hold today.

09:25:47 We will put that off to a further date.

09:25:49 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:25:53 >>CHARLIE MIRANDA: We already approved the agenda and the

09:25:55 addendum.

09:25:57 Wait a second until we can get some --

09:26:04 >> And show that's by unanimous consent to remove that from

09:26:11 the agenda.

09:26:13 >>CHARLIE MIRANDA: Right.

09:27:03 We now know what brings in the good people of Tampa.

09:27:08 The show is over, I guess.

09:27:12 [ Laughter ] all right.

09:27:13 Like I said before, this is the public comments for the

09:27:18 portion of the agenda.

09:27:18 And if you would like to speak on any item on the agenda

09:27:21 other than those items that are set for public hearing,

09:27:24 please come forward.

09:27:26 Yes, ma'am.

09:27:26 >> My name is Betty bale.

09:27:34 I live at 3003 -- Tampa, Florida 333605, and here as I have

09:27:42 been for the past severeal months for loud music.

09:27:48 It has been really 24/7 in my community, and in the

09:27:52 community of East Tampa.

09:27:54 I have spoken to several seniors who could not be here today

09:27:58 but who ask me, please say something, because at night when

09:28:02 I'm trying to sleep, my head is bouncing off the pillow.

09:28:05 So I say today that we need not just ten to ten.

09:28:13 We need 24/7 police protection for all of this loud music

09:28:18 within our community.

09:28:18 Thank you.

09:28:20 >>CHARLIE MIRANDA: Thank you very much.

09:28:20 Next, please.

09:28:21 >> Good morning, distinguished council.

09:28:31 Good to see you guys again.

09:28:35 I'm here in support of this ordinance.

09:28:40 You see many of the residents of East Tampa are here.

09:28:43 Many of them called me all times of night.

09:28:46 And I get up and get in my car to go out to residents'

09:28:53 location, and the music is unbearable.

09:28:55 And speaking with our Public Safety Committee, one of the

09:28:58 things that came out of that committee is how do we give the

09:29:02 Tampa Police Department the tools that they need to help us

09:29:06 in this problem?

09:29:09 And one of the things that came out of that as you

09:29:11 deliberate this issue is we put our police officers in peril

09:29:15 due to the fact that when loud music is from cars like they,

09:29:20 do officers are impaired in their hearing and increased

09:29:24 hazard for them so want you to look at that as you

09:29:27 deliberate the issue.

09:29:28 More importantly, you know, some say that that is -- I

09:29:34 believe there's a right and wrong way to do things.

09:29:37 And as we go forward, I just pray that you would just look

09:29:40 at the issue as an issue that affects all these residents

09:29:43 that you see along this wall that can't sleep at night.

09:29:48 When I am in East Tampa, riding around, I'm shocked and

09:29:53 overwhelmed by the level of noise that it seems to be

09:29:57 allowed in our community, especially in cars that are

09:30:00 driving by on the road on a daily basis so I am here to

09:30:03 support this ordinance.

09:30:04 And as you move forward, I hope that you will support it as

09:30:07 well.

09:30:08 Thank you.

09:30:10 >>CHARLIE MIRANDA: Thank you very much, sir.

09:30:11 Next, please.

09:30:12 >> Michael farmer, 2619 Curtis street.

09:30:16 I'm here to support the ordinance.

09:30:20 The ordinance is -- the noise is really extremely loud

09:30:23 during the day and night.

09:30:25 You have requested through the Tampa Police Department, they

09:30:30 are giving you many reports on this loud noise in East

09:30:34 Tampa.

09:30:36 One of the most disturbing things is now we have young

09:30:41 people who love their music but now they have the ability to

09:30:46 slow it down.

09:30:48 And when you slow it down and you have a young kid in the

09:30:50 car and you have explicit language, and what you do to body

09:30:56 parts, and after awhile that starts asking questions,

09:31:00 embarrassing questions, and it's just unbearable that you

09:31:04 can't even listen to your own radio or your own TV at home

09:31:10 or in your car because someone behind you or whatever is

09:31:16 playing really loud.

09:31:17 I live one block over from Osbourne, in front of Middleton

09:31:21 high school, and Osborne is a major thoroughfare in East

09:31:27 Tampa, and constantly, day and night, this noise, you can

09:31:32 hear the cars going up and down the street, playing the loud

09:31:37 music.

09:31:38 And it's so unbearable.

09:31:41 You can't get sleep day or night.

09:31:42 So you already have a lot of information, input from the

09:31:46 police department, how many stops and arrests and tickets

09:31:53 and having else that they have given out over the years.

09:31:57 So I'm in support of it.

09:31:59 I'm hoping you will go ahead and pass this expediently.

09:32:03 Don't delay on it.

09:32:05 We need some relief now.

09:32:06 Thank you.

09:32:07 >>CHARLIE MIRANDA: Thank you very much, sir.

09:32:09 Next, please.

09:32:09 >> I'm Brenda Mobley, 4236 east Cayuga street, secretary for

09:32:20 eastern Heights association crime watch.

09:32:24 I spoke before about the personal level of noise that's on

09:32:29 my street.

09:32:29 But I also wants, 29th and 26th.

09:32:36 This is a four-way stop.

09:32:42 You hear this nasty language that comes from these cars.

09:32:47 They are not respectful of other persons.

09:32:50 And I'm asking that you personally do something and pass the

09:32:55 noise ordinance and not limit it to the time, because they

09:32:59 do this 24/7.

09:33:01 Thank you.

09:33:03 >>CHARLIE MIRANDA: Thank you very much.

09:33:04 Next, please.

09:33:04 >> I say good morning to the chair and City Council members.

09:33:11 My name is Samuel Mobley, senior, the president of eastern

09:33:15 Heights Neighborhood Association.

09:33:17 And crime watch.

09:33:18 I would like to call your attention to your memorandum,

09:33:22 section 1-4/52 .8.

09:33:30 Unlawful to operator occupy a motor vehicle, the sound

09:33:36 produced by sound making device or instrument within a

09:33:42 vehicle so that the sound is unreasonably excessive when

09:33:49 audible 50 feet from the motor vehicle between the hours of

09:33:53 10 p.m. and 7 a.m. on Sunday night and between 10 p.m. and

09:34:00 10 a.m. on Friday nights and Sunday morning.

09:34:06 As Brenda Mobley stated, we are in church at that time.

09:34:10 And we need to listen to our service.

09:34:14 We need to activate our service, or we can't do it

09:34:18 reasonably when we have this loud music coming by.

09:34:21 They don't respect the church.

09:34:23 They don't respect the preacher.

09:34:25 They don't respect nobody.

09:34:26 They don't respect the police department.

09:34:28 So we need to make an ordinance where they respect

09:34:34 everybody.

09:34:34 And I'm talking about the whole city.

09:34:40 We need this ordinance passed.

09:34:42 And I appreciate fountain you all do the best you can to do

09:34:45 that.

09:34:46 >>CHARLIE MIRANDA: Thank you very much.

09:34:46 Next, please.

09:34:47 >> Good morning, council.

09:34:49 My name is Bishop-elect Michelle Patti, P.O. Box 2624 Tampa.

09:34:59 I do not specifically live in that area but I have a very

09:35:02 intimate relationship with the area.

09:35:05 My grandson, a year and a half ago, was murdered in that

09:35:09 same area.

09:35:11 If you hear the lyrics, they are promoting gang violence,

09:35:16 promoting guns.

09:35:18 So I'm here asking that you not only have consideration for

09:35:21 our young people, but our senior citizens who have worked

09:35:25 all their lives to attain these homes.

09:35:28 They have a right to have peace, quiet in their

09:35:31 neighborhood.

09:35:33 I'm oftentimes there for church service, community rallies,

09:35:37 political, whatever the function.

09:35:40 When you have become of age to -- exactly, I Nevada thought

09:35:44 I would be here at this point -- but I'm speaking of age now

09:35:49 [ Laughter ] that there are just certain things that you

09:35:50 look forward to.

09:35:51 And one of those things is to be able to sit in your home,

09:35:55 read your Bible, watch your television, or just have a

09:35:59 conversation with whomever is present, and that is a

09:36:04 God-given due process.

09:36:06 So we should not be afraid to stand up and do what is right,

09:36:10 and that to turn the volume down.

09:36:13 Have been knows that I have an organization and we love

09:36:19 music, we love to sing, we love to dance, but everything

09:36:22 should be done decent and in order, with other peoples

09:36:27 rights.

09:36:28 Once again I ask that council please support the ordinance.

09:36:31 Shut it down.

09:36:32 God bless you.

09:36:34 >>CHARLIE MIRANDA: Thank you very much.

09:36:34 Next, please.

09:36:34 >> I'm ed, Ed Tillou, north 9th street, Sulphur Springs.

09:36:44 Item 1.

09:36:45 This is why I am so concerned about protein in everything.

09:36:51 Those dysfunctional proteins in your body might be making

09:36:55 antibodies for other things related to the immune system.

09:36:58 People should get out a copy of the TBC, this is

09:37:04 yesterday's, about Angelina Jolie and her double mass he can

09:37:09 so many.

09:37:09 About a quarter of women are found to have a cancer within

09:37:15 them.

09:37:17 With respect to prostate cancer it's even higher.

09:37:20 It's about half the men die of prostate cancer.

09:37:23 Your immune system holds these in check, and that's why it's

09:37:28 so very important to be concerned about this protein, the

09:37:33 aze.

09:37:38 I tried to discuss a little bit about panhandling.

09:37:43 I am actually here on this item 3 today which was taken

09:37:45 away --

09:37:48 >>CHARLIE MIRANDA: Item 3 was not spoken about, sir.

09:37:50 >> That's fine, but the point I was trying to make is to be

09:37:53 effective in reducing the panhandling in Ybor City.

09:37:56 You have got to level with the people.

09:37:57 You ought to tell them, look, you are impeding other

09:38:00 people's employment, their livelihood.

09:38:11 They are rational.

09:38:11 They will do other things.

09:38:13 >>CHARLIE MIRANDA: I don't believe so.

09:38:14 >> Well, I believe so.

09:38:17 Okay.

09:38:18 Item 57 has been spoken to a lot.

09:38:21 And the problem with that, and the city attorney could

09:38:25 probably bring this out.

09:38:27 You can't mention -- you can't mention -- you might offend

09:38:33 people but you have a 14th amendment in place.

09:38:38 Noise ordinance of a noise ordinance gets thrown out.

09:38:42 And the thing is, you have to say decibels, you have to have

09:38:45 your equipment there, the vehicle is the point source of the

09:38:53 emission, and cars running without mufflers contributes to

09:38:56 the air pollution, so you have the same principles, and then

09:39:00 you can take these other factors.

09:39:03 But the law cannot be based around this.

09:39:05 Otherwise, you end up with no role which is the problem we

09:39:08 had.

09:39:08 Okay.

09:39:09 With respect to water, that's items 20, 21 and so on and so

09:39:15 forth.

09:39:16 I constructed a little quick thing here about when the water

09:39:20 went out, I talk about EMP a lot.

09:39:26 The alternative to reducing, reduce the benefit cost to,

09:39:31 say, north Korea, you can increase the cost.

09:39:34 That's the old way they used to do it but you can reduce the

09:39:37 benefit.

09:39:37 And maybe if people know what transistors and what computer

09:39:41 parts go out, that's what you need to know.

09:39:44 (Bell sounds)

09:39:45 So to get these people --

09:39:48 >>CHARLIE MIRANDA: Thank you very much.

09:39:49 Appreciate it.

09:39:49 Next, please.

09:39:50 >> Good morning.

09:39:56 My name is clay Daniels, live at 3708 east north bay, and I

09:40:00 have been in the hospital.

09:40:01 I had surgery on my back.

09:40:04 I said when the doctor released me I was going to crawl to

09:40:07 get here today.

09:40:08 But I really appreciate what you all have done with this

09:40:10 draft but there's only one thing with this draft that the

09:40:13 group opposed.

09:40:15 The 10 p.m.

09:40:19 We need zero tolerance.

09:40:21 We don't need no time frame.

09:40:23 Let officers do their job so we can contain this noise.

09:40:27 The police department in district 3, those people are having

09:40:29 problems and they can't do their work.

09:40:31 It affects them, also.

09:40:33 So I am asking you all to please take out the time frame on

09:40:35 this and everything else, so thank you very much.

09:40:39 >>CHARLIE MIRANDA: Thank you very much.

09:40:40 Next, please.

09:40:41 >> Thank you for your time today.

09:40:44 My name is Norma Dee Gunther, and I live in Riverview, but I

09:40:52 swim at one of the recreation centers in the City of Tampa.

09:40:54 And master swim team.

09:41:03 I'm not here to ask for any money.

09:41:05 I just want to be able to bring up the fact that Demetrius

09:41:10 worked as a 26 year employee with the City of Tampa Parks

09:41:12 and Recreation Department and he died on February 25th.

09:41:17 Our team as well as many other individuals in the community

09:41:19 had the pleasure of knowing him.

09:41:21 I just want to give you a moment to share with you about

09:41:24 Dean and what he has done for all of us and the amount of

09:41:27 time and effort he dedicated to his job in this community.

09:41:30 He created an atmosphere of comfort, safety, and joyfulness.

09:41:35 While we practiced swimming 'n and as he told others to

09:41:39 swim, he was an extraordinary individual that gave his heart

09:41:42 and energy and we all felt it.

09:41:45 I personally took off of work and created this picture to

09:41:48 show you who he was and what he meant to all of us.

09:41:50 It is not he have day one Epp counters such a tremendous

09:41:53 person.

09:41:54 He have time he walks into the recreational facility, we

09:41:57 would be met by his beautiful smile.

09:41:59 It would be an honor if we could memorialize him at the pool

09:42:03 at Cyrus green to remind us of his energy around us.

09:42:08 One way is by placing a plaque in Cyrus green and the other

09:42:12 way is adding a name to the pool only, not renaming the

09:42:16 facility.

09:42:18 A letter to the mayor with this request.

09:42:23 To have a background picture of Dean and a reference to the

09:42:27 donate or, we would request approval, and any name that

09:42:30 would come up with the reference of Dean would be an honor

09:42:34 for us to be able to do for him.

09:42:36 Thank you for the support.

09:42:37 >> Thank you very much, Mr. Reddick.

09:42:40 >> Thank you, Mr. Chair.

09:42:46 I'm glad you appeared to bring to the our attention, because

09:42:48 I have received so many calls from people who are requesting

09:42:54 this to be done in the form of a plaque.

09:42:58 Like he stated, night about renaming the pool, not about

09:43:01 renaming the building, it's about a plaque, a memorialized

09:43:05 plaque.

09:43:06 And we have a precedence in the City of Tampa, the park over

09:43:13 34th street, we did it with Mr. Cole on MLK, and the

09:43:18 problem we are having is that -- and the calls that I

09:43:23 received, I mean, from citizen and community, these are from

09:43:28 park and recreation people that have all asked me, how could

09:43:32 it be done?

09:43:33 Well, I tried to get a meeting last week with the mayor to

09:43:42 discuss this, and because of the influx of calls that I have

09:43:46 been receiving, and people that have reached out to me, and

09:43:50 to bring this to his attention, and the mayor responded bid

09:43:54 telling me the meeting was not warranted.

09:43:55 So we failed in getting that meeting.

09:43:58 I want to ask this question to the body here today.

09:44:03 Who has the sole discretion of making the decision, the

09:44:06 mayor's office, or does the City Council have any leverage

09:44:09 in doing that, council?

09:44:12 >> Are you asking about the naming?

09:44:15 >> The plaque.

09:44:17 >> Well, the placing of a plaque would be an administrative

09:44:21 function.

09:44:23 The procurement and placement of the plaque would be an

09:44:25 administrative function.

09:44:27 If council wishes to make a motion or ask for a staff

09:44:32 support on how to affect wait that and have the

09:44:35 administration appear, that would be appropriate.

09:44:36 >>FRANK REDDICK: Thank you.

09:44:39 And what I would do, those who call in, and I got many calls

09:44:47 about this issue just as well about the noise, and this

09:44:53 gentleman, he has done so much for the people that deal with

09:45:04 our swimming program.

09:45:04 So understood new business, I am going to make a motion in

09:45:09 order to ask administration to come back and to respond to

09:45:13 this, because I think this is a small token for all the work

09:45:18 and the time and effort that he spent helping kids and those

09:45:21 in the community.

09:45:22 And I just want to thank you for coming and sharing this

09:45:25 with this council.

09:45:28 And to those, we are going to see if we can make this

09:45:35 possible.

09:45:35 I just want to say that on the record.

09:45:37 Hopefully we can get this done.

09:45:38 Thank you.

09:45:40 >>CHARLIE MIRANDA: Thank you.

09:45:41 Next, please.

09:45:42 >> Susan Long, 921 East Broad Street.

09:45:50 Seminole Heights has two or three groups, and I went on them

09:45:56 yesterday, of a looking at the agenda.

09:45:59 I went on them yesterday, and I pulled some e-mails relative

09:46:02 to the noise issue.

09:46:03 Here is one, a TPD, don't remember the time, can't be

09:46:14 waived, guy drove by my house at exactly that time.

09:46:19 I heard that the noise bill failed in the Senate.

09:46:23 A different one.

09:46:27 They were very annoyed with their representative didn't vote

09:46:30 for it.

09:46:31 But they said, I have heard these loud, obnoxious cars with

09:46:36 six speakers, and they may drive off and I can't say there's

09:46:41 anything I can do about it anymore because they are gone.

09:46:46 Even though the police cars were in favor of it and it

09:46:51 disappointed it didn't pass.

09:46:52 The representative missed the point.

09:46:53 We are not just hearing this at intersections.

09:46:57 Stopped at a light.

09:46:58 These idiots drive through our neighborhood and enjoy

09:47:02 bothering us while we are on our porches, in our living

09:47:04 room, and in bed.

09:47:06 They wake us up out of a sound sleep.

09:47:08 My neighbor next door, who recently died of cancer, used to

09:47:13 tell me how much they bothered him.

09:47:16 Here is another one.

09:47:19 Driving by is one thing but when they park and party right

09:47:22 next door to my house it becomes a major issue.

09:47:25 And another one.

09:47:28 It couldn't come too soon for me, meaning the noise

09:47:32 ordinance.

09:47:32 As I write, the jerk word that they use, four houses down,

09:47:37 is blaring his SUV so loud that it's actually rattling my

09:47:43 windows, sent my cats in fits and me, too.

09:47:51 The noise is advertising what he's for example is.

09:47:54 What he's selling I have no idea.

09:47:57 Here is one that says, the man down the street in the black

09:48:01 car, okay, blasts his loud music from there, and the bass is

09:48:07 so high that my house thumps.

09:48:09 Yesterday afternoon it was so bad that I had to leave my

09:48:12 house.

09:48:12 Another neighbor wrote in and she says -- this is like two

09:48:17 months now.

09:48:18 Isn't there something we can do about the noise?

09:48:19 I have had to hide in my closet to survive as they drive

09:48:23 down Nebraska.

09:48:24 This noise ordinance needs to pass.

09:48:26 I have neighbors who have moved outside the city limits and

09:48:30 other places because they couldn't tolerates the noise

09:48:33 coming from the thumping cars driving around their

09:48:36 neighborhood.

09:48:37 We live very close to Nebraska.

09:48:39 And Nebraska and Florida run through the middle of Seminole

09:48:41 Heights and we get it all the time.

09:48:43 It's really sad.

09:48:44 I urge you all to please vote for this noise ordinance.

09:48:47 We desperately need it.

09:48:50 >>CHARLIE MIRANDA: Thank you very much.

09:48:51 Appreciate it.

09:48:51 Next, please.

09:48:53 Have you spoken already?

09:48:54 >> Yes.

09:48:56 >>CHARLIE MIRANDA: Well, I can't do that.

09:48:58 I appreciate it.

09:48:59 I appreciate it very much.

09:49:02 Next, please.

09:49:02 >> David Hollis, 13th Avenue, City of Tampa.

09:49:09 I wasn't going to speak, but one of the things I find

09:49:12 interesting is the federal judge that threw out this noise

09:49:15 ordinance in Lakeland said it has to go back to the

09:49:19 legislature for the legislature to fix the problem.

09:49:22 So thrasher is the one that really killed the bill in the

09:49:28 state legislature.

09:49:30 I'm not sure what we can do for this noise ordinance without

09:49:33 a federal judge knocking it out again.

09:49:34 Thank you.

09:49:35 >>CHARLIE MIRANDA: Thank you very much.

09:49:36 We'll do what we can.

09:49:37 Anyone else who has not spoken who would care to speak to

09:49:40 items on the agenda or off the agenda?

09:49:43 Thank you very much.

09:49:45 We go for requests for the public, any requests for

09:49:49 legislative matters in past hearings.

09:49:53 Anything to speak to something that happened in the present

09:49:55 or past meetings of the council?

09:49:56 I don't see anyone coming directly to that.

09:49:59 We appreciate it very much.

09:50:00 We go to committee reports.

09:50:02 We go to public safety.

09:50:04 Items 4 through 7.

09:50:05 Mr. Frank Reddick.

09:50:06 >>FRANK REDDICK: Move 4 through 7.

09:50:19 >>HARRY COHEN: Second.

09:50:21 >>CHARLIE MIRANDA: All in favor?

09:50:22 Opposed?

09:50:23 The ayes have it unanimously.

09:50:24 Parks, Recreation, Culture Committee chair, Mrs. Mary

09:50:27 Mulhern.

09:50:27 >>MARY MULHERN: Thank you, Mr. Chairman.

09:50:32 You are ahead of me on this today.

09:50:34 I move items through 15.

09:50:37 >>CHARLIE MIRANDA: I have a motion, seconded by Mr. Cohen.

09:50:42 All in favor?

09:50:43 Opposed?

09:50:44 The ayes have it unanimously.

09:50:45 Public works chair, Mr. Mike Suarez.

09:50:48 >>MIKE SUAREZ: I move 16 through 24.

09:50:50 >>HARRY COHEN: Second.

09:50:54 >>CHARLIE MIRANDA: All in favor of the motion please

09:50:55 indicate by saying aye.

09:50:56 Opposed nay.

09:50:58 The ayes have it unanimously.

09:50:59 Finance Committee chair, Mr. Harry Cohen.

09:51:02 >>HARRY COHEN: I move items 25 through 28.

09:51:08 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

09:51:09 All in favor of that motion, please indicate by saying aye.

09:51:12 Opposed nay.

09:51:13 The ayes have it unanimously.

09:51:15 Building, zoning and preservation committee chair, Lisa

09:51:19 Montelione.

09:51:19 >>LISA MONTELIONE: I move items 29 through 34th 1.

09:51:23 >>MARY MULHERN: Second.

09:51:28 >>CHARLIE MIRANDA: All in favor of that motion?

09:51:29 Opposed?

09:51:30 The ayes have it unanimously.

09:51:35 Item 42.

09:51:36 We go to transportation committee chair, Yvonne Yolie Capin.

09:51:42 >>YVONNE CAPIN: I move item 42.

09:51:52 >>CHARLIE MIRANDA: A motion by seconded by Mrs. Montelione.

09:52:00 An item being set on items 43 through 46.

09:52:03 >> Second.

09:52:09 >>CHARLIE MIRANDA: We have to move the resolution, I guess.

09:52:12 Am I correct?

09:52:15 >>MARTIN SHELBY: On number 43.

09:52:17 >>CHARLIE MIRANDA: I need a oh motion to approve 43.

09:52:24 Mr. Reddick moves.

09:52:26 Seconded by Mrs. Mulhern on the substitute resolution.

09:52:29 All in favor of that motion, please indicate by saying aye.

09:52:31 Opposed nay.

09:52:32 The ayes have it unanimously.

09:52:34 Item number 44.

09:52:35 Need a resolution to be moved.

09:52:36 >>HARRY COHEN: So moved.

09:52:39 >>CHARLIE MIRANDA: Motion by Mr. Cohen.

09:52:40 Second by Mr. Suarez.

09:52:41 All in favor of the motion?

09:52:43 Opposed?

09:52:43 The ayes have it unanimously.

09:52:44 Item number 5 on that resolution.

09:52:47 Setting a public hearing.

09:52:49 >> Move item number 45.

09:52:52 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

09:52:53 A second by Mr. Suarez.

09:52:55 All in favor of the motion?

09:52:56 Opposed?

09:52:57 The ayes have it unanimously.

09:53:00 This is a petition for hearing regarding decision of zoning

09:53:04 administrator on item number 46.

09:53:05 Need that resolution moved.

09:53:07 >> So moved.

09:53:10 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mr.

09:53:12 Reddick.

09:53:12 All in favor?

09:53:13 Opposed?

09:53:14 The ayes have it unanimously.

09:53:16 Now, items 47 through 49.

09:53:19 Need to open those hearings.

09:53:20 >>HARRY COHEN: So moved.

09:53:23 >>MIKE SUAREZ: Second.

09:53:24 >>CHARLIE MIRANDA: All in favor of the motion?

09:53:27 Opposed?

09:53:27 The ayes have it unanimously.

09:53:29 We go to item number 47.

09:53:36 Anyone in the audience care to speak on item 47?

09:53:38 47?

09:53:39 >> Move to close.

09:53:40 >> Motion to close by Mr. Cohen.

09:53:42 Seconded by Mr. Suarez.

09:53:43 All in favor of the motion please indicate by saying aye.

09:53:46 Opposed nay.

09:53:46 The ayes have it unanimously.

09:53:48 Mr. Suarez, would you kindly take number 47, please?

09:53:51 >>MIKE SUAREZ: An ordinance being presented for second

09:53:55 reading and adoption, an ordinance of the city of Tampa,

09:53:57 Florida making revisions to the City of Tampa code of

09:54:00 ordinances chapter 12, human rights, amending section 12-2,

09:54:04 definitions, repealing all ordinances or parts of ordinances

09:54:07 in conflict therewith, providing for severability, providing

09:54:11 an effective date.

09:54:11 >> Motion by Mr. Suarez, second by Mr. Reddick.

09:54:16 Roll call vote.

09:54:18 Vote and record.

09:54:18 >>THE CLERK: Motion carried unanimously.

09:54:27 >>CHARLIE MIRANDA: Thank you very much.

09:54:27 Anyone care to speak on item number 48?

09:54:30 48?

09:54:31 I see no one.

09:54:33 Motion to close by Mr. Cohen.

09:54:35 Seconded by Mr. Suarez.

09:54:36 All in favor of the motion?

09:54:38 Opposed?

09:54:38 The ayes have it unanimously.

09:54:40 Item number 48.

09:54:41 Ms. Capin, would you kindly take that one, please.

09:54:45 >>YVONNE CAPIN: An ordinance of the city of Tampa, Florida

09:54:48 making revisions to City of Tampa code of ordinances chapter

09:54:52 22, streets and sidewalks, amending article 1, division 3,

09:54:56 subdivision IX, sidewalk cafes, repealing all ordinances or

09:55:01 parts of ordinances in conflict therewith, providing for

09:55:05 severability, providing an effective date.

09:55:08 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second on

09:55:10 a tie vote, I am going to give to the Mr. Reddick with Mr.

09:55:14 Suarez.

09:55:15 Roll call vote.

09:55:16 Vote and record.

09:55:16 >>THE CLERK: Motion carried unanimously.

09:55:27 >>CHARLIE MIRANDA: Item number 49.

09:55:28 Anyone in the public care to speak on item number 49?

09:55:31 49?

09:55:31 49?

09:55:32 I see no one.

09:55:35 Need a motion to close.

09:55:36 >> So moved.

09:55:37 >> Second by Mr -- motion by Mr. Reddick, second by Mrs.

09:55:41 Mulhern.

09:55:42 The ayes have it unanimously.

09:55:43 >>FRANK REDDICK: Move an ordinance being presented for

09:55:47 second reading and adoption, an ordinance of the city of

09:55:49 Tampa, Florida making revisions to City of Tampa code

09:55:52 ordinance business deleting, reserving and readopting

09:55:57 chapter 23 subdivision amending chapter 27, zoning and land

09:56:00 development, to readopt and amend provisions of chapter 23,

09:56:03 subdivision, repealing all ordinances or parts of ordinances

09:56:06 in conflict therewith, providing for severability, providing

09:56:09 an effective date.

09:56:09 >> I have a motion by Mr. Reddick.

09:56:11 I have a second by Mr. Cohen.

09:56:13 Roll call vote.

09:56:14 Vote and record.

09:56:15 >>THE CLERK: Motion carried unanimously.

09:56:26 >>CHARLIE MIRANDA: We go to items continued public hearings

09:56:28 for second reading, of proposed ordinances.

09:56:31 Need to open 50 and 51.

09:56:33 Motion by Mrs. Montelione, second by Mrs. Mulhern to open 50

09:56:37 and 51.

09:56:38 All in favor?

09:56:38 Opposed?

09:56:39 The ayes have it unanimously.

09:56:44 Item 50.

09:56:45 Anyone care to speak on item number 50, please come forward.

09:56:49 >>JAMES COOK: Land Development Coordination.

09:56:52 >>CHARLIE MIRANDA: This is a quasi-judicial hearing.

09:56:54 I apologize.

09:56:55 The clerk will swear you in.

09:56:56 (Oath administered by Clerk).

09:57:07 >>JAMES COOK: Land Development Coordination. I have been

09:57:08 sworn.

09:57:09 As you recall from the last hearing, April 18th, the

09:57:12 petitioner, petition to vacate a north south alley, one of

09:57:17 the abutting owners, is now opposed to the vacating and the

09:57:23 abutting owner to get together and work out their

09:57:26 differences.

09:57:26 With that said I turn it over to the applicant's

09:57:28 representative.

09:57:29 >>CHARLIE MIRANDA: Thank you, Mr. Cook.

09:57:29 Next, please.

09:57:30 >> We have not talked yet.

09:57:45 >>CHARLIE MIRANDA: Wait a minute.

09:57:45 Hold the time.

09:57:46 You need to tell me from the last hearing to this hearing

09:57:48 you two gentlemen couldn't meet?

09:57:58 >> He added to his house which is also on the school board

09:58:02 property, too, so you will be giving him more of what I will

09:58:08 be getting of the alleyway.

09:58:10 So I'm saying he should not be allowed to vacate this

09:58:16 premises.

09:58:17 I don't know what the school board has to say about it.

09:58:21 If I should say something to them or you all.

09:58:23 But it just seems wrong, don't have the power to enforce it.

09:58:30 To take any piece of city property.

09:58:43 That's all I got to say.

09:58:47 >>CHARLIE MIRANDA: Thank you very much.

09:58:48 Next, please.

09:58:49 >> My name is Glen Hopley.

09:58:53 I'm the agent for the vacating of the alley.

09:58:58 The alley north of 22nd street.

09:59:05 I forgot his name, the neighbor.

09:59:07 I spoke to him a few weeks ago on the phone.

09:59:13 And it seems that he doesn't understand where he's at.

09:59:19 So I have a survey here.

09:59:21 The reason why I have brought this, it was done in 2007, and

09:59:26 I have a photograph that I can prove where his fence is

09:59:31 located is actually in the alley.

09:59:35 He's the one who -- we have two people because the alley is

09:59:48 ten feet wide, five feet for each owner.

09:59:52 His fence is in the alley which I can prove today.

09:59:55 And he wants to get five people from where his fence is,

10:00:01 it's going to be in somebody else's property.

10:00:03 He hasn't provided us surveys or nothing like that.

10:00:07 Just used his eyes.

10:00:09 >> This was done in 2010.

10:00:22 And --

10:00:25 >>CHARLIE MIRANDA: Mr. Where is the alley so we can

10:00:26 determine?

10:00:27 >> The alley is these two points here.

10:00:30 >>CHARLIE MIRANDA: I see them.

10:00:31 >> The alley is ten feet.

10:00:38 >>CHARLIE MIRANDA: We are missing the point.

10:00:39 There we go.

10:00:40 >> So this alley here.

10:00:42 One equals 20 feet so we can do this here in 2010.

10:00:51 All right.

10:00:52 Out here, the whole photograph from 2010, to match so that

10:01:00 we don't have a conflict that shows this chapter here, which

10:01:05 is this here, and this is his fence right here.

10:01:16 I physically went out there and measured and 11-foot 2 from

10:01:20 this here.

10:01:22 This is putting his fence in the middle of the alleyway as

10:01:29 shown right now.

10:01:31 This gentleman, what I tried to tell this gentleman, he's

10:01:36 going to get five feet of property which makes him five feet

10:01:44 which to me is -- if I was him, I would have an issue with

10:01:52 somebody going to put a fence in my property of a I get,

10:01:58 that I go to somebody and claim, well, you are on my

10:02:04 property.

10:02:05 And this is the alleyway.

10:02:08 So what I am saying is that I am just asking this question

10:02:11 to everyone.

10:02:14 Could someone just walk up the street with no documents and

10:02:22 just where we have the council --

10:02:31 >>CHARLIE MIRANDA: City Council.

10:02:32 >> Somebody just walk up the street with no document and

10:02:34 just shut this down?

10:02:37 Because we were asked to provide another survey.

10:02:42 And this is like $900.

10:02:47 If he thinks his fence, he's supposed to provide a survey to

10:02:53 show where his fence is.

10:03:02 To me, just comes for no reason.

10:03:07 >>CHARLIE MIRANDA: Thank you very much.

10:03:10 Mrs. Montelione, it's not easy to be a City Council member.

10:03:14 Go on.

10:03:14 >>LISA MONTELIONE: Thank you.

10:03:19 Is this a signed and sealed survey?

10:03:22 >> It's a copy of the signed and sealed survey .

10:03:25 I could provide the -- I have all the information.

10:03:28 It's done by Munia and associates.

10:03:34 >>LISA MONTELIONE: I know who they are.

10:03:36 >> And I could provide a signed and sealed survey.

10:03:40 >>LISA MONTELIONE: Generally speaking, on as-built survey s

10:03:47 or existing-condition surveys, fences are noted with little

10:03:53 X marks.

10:03:54 So when the surveyor goes out and is recording what falls

10:04:04 within the boundaries of the property, the legal description

10:04:07 that they are asked to survey, there are little things that

10:04:15 they find in the field.

10:04:16 And I don't see -- and I am familiar with Mike Mooney's

10:04:21 work.

10:04:22 So I don't see the fence being indicated as an existing

10:04:28 fence.

10:04:31 >> Keep in mind this is a survey of who he represents.

10:04:36 This gentleman lives behind -- that fence would be off-site.

10:04:39 >> So the fence doesn't come onto your property.

10:04:44 You are just showing what's there --

10:04:46 >> Right.

10:04:47 Behind this line right here.

10:04:48 >>LISA MONTELIONE: All right.

10:04:50 I was confused when you drew the line on your property, I

10:04:53 thought the fence continued onto -- well, not your property,

10:04:57 onto the -- got it.

10:05:00 Okay.

10:05:00 >> In the photograph, you can see this right here.

10:05:18 It shows that right here.

10:05:19 >>LISA MONTELIONE: Got it.

10:05:21 Thank you.

10:05:22 That was the question I had.

10:05:39 >> Jorge Martin, assistant city attorney.

10:05:43 I want to remind City Council that although a lot of the

10:05:46 issues that have been discussed here have to do with an

10:05:48 encroachment, the issue before the City Council is frankly

10:05:51 the vacation of right-of-way.

10:05:53 And the standard for vacation of right-of-way is not whether

10:05:58 an encroachment is created or exists, it's whether the city

10:06:01 needs this particular alleyway, either now or in the future,

10:06:04 for right-of-way.

10:06:06 I believe City Council has received a report that I would

10:06:10 like to bring City Council back to the standard for

10:06:12 vacation.

10:06:15 Also, we have not been provided, or the city staff has not

10:06:21 been provided with the survey.

10:06:27 Yesterday it was not provided.

10:06:31 And if he woo could ask City Council to indulge us and let

10:06:35 Jimmy look at it.

10:06:36 >>CHARLIE MIRANDA: I think we can do that.

10:06:37 We can hold item number 50 until the city comes back with a

10:06:42 recommendation.

10:06:42 >> Thank you, council.

10:06:52 >> Mr. Martin, I wanted to clarify, the question of vacating

10:06:56 for the city is whether the city needs it.

10:06:59 But for us to decide, we do listen to the testimony of the

10:07:05 neighbors who are adjacent to it and have use of it.

10:07:10 Is that correct?

10:07:10 >> Correct.

10:07:11 There's nothing improper in listening to the testimony.

10:07:14 I would like to remind City Council of the standard, because

10:07:17 so much of the discussion has been about enforcement.

10:07:21 Also, I would point out that the encroachment problems will

10:07:25 outlive the vacation or not.

10:07:28 If we do not vacate the right-of-way, under Florida

10:07:31 statutes, to fence off right-of-way so both of these people

10:07:37 have a problem and the demolitions will happen.

10:07:40 I think this came here in an attempt for a variance, so

10:07:47 these so-called encroachments may be able to survive without

10:07:50 wholesale demolition, which is what will happen if it

10:07:54 remains right-of-way.

10:08:00 >>CHARLIE MIRANDA: And I assume you can do that in the

10:08:01 next -- okay, sir.

10:08:11 >> Based on the survey, this is the plat right here.

10:08:18 There's the limit of the ten foot alley.

10:08:20 He has built inside the alley.

10:08:24 That's code violation.

10:08:25 Based on this, and this photograph, that's the part of the

10:08:29 alley.

10:08:30 That touches the gentleman's fence that's opposed.

10:08:33 It's my opinion his fence is already in the alley.

10:08:36 So he doesn't get any additional property.

10:08:39 He's already taken in half of the alleyway that he would be

10:08:41 entitled to if this gets approved today.

10:08:43 It's not like his fence moves another five feet.

10:08:49 They touch corners.

10:08:50 So they are technically both in violation.

10:08:53 >>CHARLIE MIRANDA: They are both in violation of the same

10:08:54 thing.

10:08:55 And that's wonderful.

10:08:56 This is a great case.

10:08:58 I feel like Judge Judy.

10:09:02 [ Laughter ]

10:09:05 >> And just for the record, staff has no objections to

10:09:08 vacating this property.

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

10:09:11 Ms. Capin.

10:09:11 >> I hear your answers to the questions and this particular

10:09:21 property, if I remember correctly before, there was a

10:09:26 variance on this side of the property.

10:09:30 Is that correct, Abbye, or someone?

10:09:32 Am I following that right?

10:09:35 >> There is a variance in the rear from the first vacating

10:09:38 in 2011.

10:09:39 If this gets approved today, the gents will still have to go

10:09:42 through a variance to decide that.

10:09:47 >>YVONNE CAPIN: Thank you.

10:09:48 >>CHARLIE MIRANDA: Anyone else care to speak on item 50 who

10:09:50 has not spoken?

10:09:54 Mr. Suarez?

10:09:55 >>MIKE SUAREZ: I was going to make one observation, one

10:10:00 question.

10:10:00 First of all, has the city explained to both groups of folks

10:10:03 that are affected by those ramifications of not doing

10:10:09 something versus doing something?

10:10:12 Because, remember, we looked at this before.

10:10:16 We had a surprise at the end when we were going to go to

10:10:19 second reading.

10:10:20 And now we are back again after the continuance.

10:10:22 >> My staff has been trying to get the two together since

10:10:26 the last hearing.

10:10:27 I just met with the applicant yesterday and they basically

10:10:30 said they refuse to get together.

10:10:33 They felt like it wasn't their responsibility to provide the

10:10:35 city with a survey, the additional costs.

10:10:37 Remember, this is an old survey when the house was being

10:10:40 constructed.

10:10:41 We basically want a new survey to show the.

10:10:46 We couldn't get them together.

10:10:47 >>MIKE SUAREZ: If you donned mind, chair, if we could hear

10:10:51 from the neighbors.

10:10:53 >>CHARLIE MIRANDA: He's already spoken.

10:10:58 >>MIKE SUAREZ: I apologize, sir.

10:11:00 And here is my observation.

10:11:01 You know, as Mr. Martinez indicated very clearly, our own

10:11:06 roll here is to make a decision about the vacation.

10:11:09 The fight or non-fight or disagreement between the two

10:11:12 neighbors is not something that rises to our level.

10:11:15 So, I mean, last time we continued this because there was a

10:11:18 lot of mess as part of it and we were hoping the mess would

10:11:24 be cleared up.

10:11:25 It isn't.

10:11:25 So I think we ought to just go forward.

10:11:28 >>CHARLIE MIRANDA: Thank you very much.

10:11:30 Anyone else in the audience care to speak on this?

10:11:34 This hearing was opened.

10:11:36 I need a motion to close the hearing.

10:11:39 Motion by Mr. Reddick.

10:11:40 Seconded by Mrs. Montelione.

10:11:49 All in favor of the motion please indicate by saying aye.

10:11:51 Opposed nay.

10:11:53 The ayes have it unanimously.

10:11:54 This is the second reading and adoption.

10:11:57 It's a roll call vote.

10:12:01 Ms. Mulhern will read the ordinance.

10:12:03 >>MARY MULHERN: I move an ordinance presented for second

10:12:07 reading and adoption, an ordinance vacating, closing,

10:12:08 discontinuing, abandoning an alleyway lying east of 22nd

10:12:13 Street West of 24th street, south of east north Bay

10:12:16 Street and north of east IDA street in Progreso subdivision,

10:12:21 a subdivision in the City of Tampa, Hillsborough County

10:12:23 Florida the same being more fully described in section 1

10:12:25 hereof and providing an effective date.

10:12:29 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, a second

10:12:32 by Mr. Cohen.

10:12:33 All in favor of that motion please indicate by saying aye.

10:12:35 Roll call vote.

10:12:37 I just want to know if you know how to say "aye."

10:12:42 Vote and record.

10:12:47 >> Motion carried unanimously.

10:12:48 >> Okay.

10:12:54 Item number 51.

10:12:55 51.

10:12:56 >> Sousa, land development.

10:13:06 They are requesting a continuance to construct and build a

10:13:09 parking lot for his proposed bar-lounge.

10:13:14 >>CHARLIE MIRANDA: Let me say this about these can

10:13:16 continuances coming up here and much more rapid form than in

10:13:19 the past.

10:13:20 They come now, and this is like the 6th or 7th

10:13:24 continuance and I have two or three others with the same

10:13:26 thing.

10:13:27 And, you know, what happens, we water down the opposition

10:13:30 where they don't come, if there's any.

10:13:31 I'm not saying there is in this case.

10:13:33 But we have to set some standards of rules, and maybe under

10:13:36 new business we can have a workshop on all these, because to

10:13:41 continue to continue to continue, and if you do have

10:13:45 opposition you wear them out, and you should at least

10:13:48 renotice a continuation of a the first or second one.

10:13:51 And I'm just throwing that out, because it's not fair to

10:13:55 continue these things.

10:13:57 And that's how I feel personally.

10:13:59 Ms. Mulhern.

10:14:00 >>MARY MULHERN: I'm curious.

10:14:03 This passed unanimously with one -- not unanimously --

10:14:09 passed 6 to 1, correct?

10:14:12 >> Yes.

10:14:15 >>MARY MULHERN: So it seems odd that they are asking for a

10:14:17 continuance.

10:14:17 >> They are having to build and construct a parking lot, so

10:14:23 they are going through the plan review process.

10:14:26 Able to get a five-year lease.

10:14:29 >>MARY MULHERN: Oh, it's based on the conditions that we

10:14:31 set?

10:14:33 >> Yes, ma'am.

10:14:33 >>CHARLIE MIRANDA: And let me tell but these leases.

10:14:35 To me they don't mean anything.

10:14:37 Because a lease can be broken.

10:14:39 There is no time between the city enforcing that lease and

10:14:44 whoever petitions for it to maintain it.

10:14:47 There's got to be a change in these laws where if you lease

10:14:50 something, it doesn't work.

10:15:02 It happened to me before and it ain't going to happen again.

10:15:05 If that lease is there, then the lease goes away, the

10:15:07 building goes away.

10:15:08 Something has got to happen.

10:15:09 Yes, sir.

10:15:09 >> I would ask that you also bring that up under new

10:15:15 business, a note to remind council, the 180 days.

10:15:19 Is the petitioner here?

10:15:21 >> No, he has to work today.

10:15:22 >> Just to remind council it is also the obligation of the

10:15:27 petitioner to appear when it is a notice of public hearing.

10:15:31 But council can I ask W ask council's motion to continue

10:15:45 also requires that the petitioner renotice.

10:15:49 >>CHARLIE MIRANDA: Anyone else care to speak on the

10:15:51 continuance only?

10:15:53 I see no one.

10:15:58 What's council's pleasure on the continuance, to June

10:16:03 27th?

10:16:03 >> Move to continue.

10:16:04 >> I have a motion to continue.

10:16:08 By Mrs. Montelione.

10:16:09 Second by Mr. Suarez.

10:16:10 Yes, sir.

10:16:10 >>MARTIN SHELBY: 9:30 with the renotice?

10:16:15 >> Yes.

10:16:16 >>CHARLIE MIRANDA: 9:30 with renotification.

10:16:18 All in favor of the motion made by Mrs. Montelione, seconded

10:16:21 by Mr. Suarez, please indicate by saying aye.

10:16:23 Opposed nay.

10:16:24 The ayes have it unanimously.

10:16:25 Thank you all very much for appearing.

10:16:28 We now go to public hearing for second ordinance, proposed.

10:16:33 Item number 52.

10:16:34 This is a quasi-judicial.

10:16:37 Anyone that's going to speak on 52 has to be sworn in.

10:16:39 (Oath administered by Clerk)

10:16:45 >>CHARLIE MIRANDA: Item 52 is opened.

10:16:55 Petitioner please.

10:16:58 City please.

10:16:58 Somebody please.

10:17:01 >>ABBYE FEELEY: Land Development Coordination.

10:17:02 This case which is a rezoning request located at 3012

10:17:06 through 3028 west North "A" street may be familiar with

10:17:10 Miguel's parking lot.

10:17:11 We have been having some extensive discussions over the past

10:17:14 couple months.

10:17:15 When this case was heard back on May 2nd, it was passed

10:17:22 on first reading with direction to the applicant to make

10:17:25 some modifications to the site plan related to the placement

10:17:28 of the wall, providing a wall, and I would like to go ahead

10:17:32 and show you what has transpired, and what we have certified

10:17:38 in between first and second reading.

10:17:40 Because I do know also that there are neighbors here today.

10:17:51 This is the original plans that you heard back on April

10:17:57 11th in the evening.

10:18:02 This was the second case that we talked about.

10:18:09 They moved the drive aisles back and gained an additional 20

10:18:15 feet there.

10:18:18 Per discussions at last hearing, you had direct ready the

10:18:20 applicant.

10:18:21 The applicant had discussed moving the fence back outside of

10:18:27 the protected radius of the two large trees that are there.

10:18:30 So now you have 18.5 feet to the wall, and it is a wall now

10:18:35 instead of a PVC fence.

10:18:38 And it will have some undulation in order to take care of

10:18:44 the protective radius of the trees there, and then it will

10:18:50 connect to the PVC fence that will be run along New Jersey

10:18:57 Avenue.

10:18:58 That being said, I did discuss with Gloria Moreda this

10:19:02 morning and I would like to say that this piece here is a

10:19:04 little bit odd.

10:19:05 You would have the fence continue to jut out, with the wall

10:19:10 being back here so at the time of permitting most likely

10:19:12 will pull this back outside of that tree and will go ahead

10:19:15 and have it actually link into the wall more aesthetically

10:19:21 pleasing than jutting out the way it's shown here.

10:19:24 This plan has been certified and is ready for second

10:19:26 reading.

10:19:27 They want to go ahead and go over those changes with you.

10:19:30 I am available for any questions.

10:19:32 >>CHARLIE MIRANDA: Thank you very much.

10:19:33 Petitioner.

10:19:45 >> Bricklemyer for the applicant.

10:19:47 If I may, I would like to reserve my comments to of a the

10:19:51 neighbors have spoken.

10:19:52 >>CHARLIE MIRANDA: Well, the rebuttal portion is 5 minutes.

10:19:56 Your presentation is 15.

10:19:58 >>

10:20:00 >>MARTIN SHELBY: You can actually reserve that 15 minutes

10:20:02 or whatever.

10:20:03 >> We won't need 15 minutes.

10:20:05 >>CHARLIE MIRANDA: Granted, sir.

10:20:09 Anyone in the public that cares to speak on this item, item

10:20:12 number 52.

10:20:18 52.

10:20:19 Please come forward.

10:20:20 >> Good morning, members of the City of Tampa council.

10:20:27 I have been sworn.

10:20:30 I am a resident owner at west North "A" street.

10:20:36 I would like to bring up three things on this plan.

10:20:40 First, I was reviewing Mr. Miguel's revised plans and

10:20:47 especially the note of the dusk to dawn of the zoning

10:20:54 department, and the license located on the property.

10:20:57 There is nowhere mentioned how high the lighting is going to

10:21:05 be.

10:21:05 Please take under consideration affecting the resident owner

10:21:14 property on a higher elevation of the North "A" street.

10:21:19 As a result of that, we are asking the lighting post to be

10:21:25 no more than 10 to 12 because of the glare we are going to

10:21:29 endure otherwise.

10:21:33 We respectfully request you consider the effects of the

10:21:39 lighting.

10:21:40 Second, I also notice nowhere in the revised plan mentions

10:21:44 about irrigation system.

10:21:48 You cannot keep green grass and nice landscape without

10:21:53 regular irrigation.

10:21:56 We have six months dry spell.

10:21:58 You have to maintain your landscape.

10:22:03 Irrigation system is a must.

10:22:04 We are requiring along North "A" and New Jersey Avenue.

10:22:13 Please, I also notice as you look at the plan.

10:22:28 There is a big space, empty spaces between the hedge and the

10:22:41 wall of the you have plenty of space to plant more things

10:22:49 and more attractive landscape.

10:22:52 >>CHARLIE MIRANDA: We appreciate it very much.

10:22:53 Next, please.

10:22:54 >> I'm Jim Wordes.

10:23:00 I live a block and a half from the parking lot.

10:23:04 I wanted to echo some of Dora's comments about the

10:23:09 landscaping.

10:23:10 Two weeks ago, I got concerned when the petitioner, the

10:23:14 attorney for the petitioner mentioned he seemed to indicate

10:23:17 they didn't want to do much maintenance on that other side

10:23:20 of the fence that faces the neighborhood.

10:23:23 And so I got concerned.

10:23:25 I drove around.

10:23:26 I looked at some of these other parking lots.

10:23:39 So that's a parking lot on North "A" by Solomon near Willow,

10:23:47 and we have that much room.

10:23:49 They have a whole layer of Magnolia trees, then the

10:23:53 sidewalk, and then they have a hedge inside of their fence.

10:24:03 And that's what that looks like.

10:24:07 Here is the spacing of the trees.

10:24:10 And then even on the other side, they have smaller trees.

10:24:17 And I don't think we have any of these things in our plan.

10:24:19 I think it's a ligustrum hedge.

10:24:25 I believe that's all in the plan.

10:24:26 So a small hedge, which won't do anything about the noise or

10:24:30 the cars.

10:24:34 And I don't think there is any irrigation system planned in

10:24:37 there.

10:24:38 So it's very possible that, you know, something terrible

10:24:42 could happen, if it's not in the plan, we could end up with

10:24:49 a wall like that, I think, according to the plan.

10:24:56 That's one that that house is doing now.

10:25:08 I don't think there's any indication of the lighting that's

10:25:10 going in there.

10:25:10 I'm just concerned when I look at the little map, you see

10:25:14 the Hedges in a weird place, not even up against the wall.

10:25:18 The only revision they gave was they moved the wall.

10:25:21 They made no revision to any landscaping.

10:25:24 So it's possible from that that we could end up with a very

10:25:28 ugly situation there.

10:25:32 >>CHARLIE MIRANDA: Thank you very much.

10:25:32 Anyone else, please?

10:25:33 >> My name is Doris Felrarico.

10:25:43 My house is across the street from this parking lot.

10:25:46 My main concern is the development and maintenance of this

10:25:48 parking lot.

10:25:49 I think this of is a very legitimate concern based on what I

10:25:52 heard Mr. Bricklemyer say in the last session where he was

10:25:56 reluctant to maintain outside of the wall.

10:25:58 First of all, I support Jim's statement and the landscaping

10:26:02 that he was showing.

10:26:04 The other thing is, I wasn't aware at the time that the New

10:26:07 Jersey fence is not going to be a cement fence.

10:26:11 It's going to be a PVC fence.

10:26:14 What concerns me there, there's two Magnolia trees that I

10:26:18 see there, but what concerns me is the landscaping in that

10:26:21 area, particularly I would ask for more trees to be put in

10:26:27 to absorb the noise that's obviously coming into our

10:26:30 neighborhood, and the car pollution that will be come in.

10:26:34 So I would like some more small trees along the New Jersey

10:26:37 street side where there is the PVC fence, which I didn't

10:26:41 realize that's what was going to happen.

10:26:44 Also, I'm concerned about the lighting.

10:26:47 My neighbor across the street from me, simple house

10:26:50 lighting, had the spotlight that really affected my home.

10:26:55 I spoke to her about it and it was resolved.

10:26:57 So if one little spotlight in a house can affect my home

10:27:03 tremendously, I'm sure that the lighting that's put into

10:27:05 this parking lot has to be carefully considered, and we need

10:27:09 that no spill lighting in the parking lot.

10:27:15 I'm also concerned about the irrigation as pointed out.

10:27:21 We need to have good irrigation to make sure that outside

10:27:24 the wall or area that we see that faces the neighborhood,

10:27:27 the landscaping will be maintained.

10:27:32 I'm concerned what we do if it's not maintained.

10:27:34 I'm concerned that -- I ask for that, irrigation for the

10:27:39 council to pay particular attention to the lighting, to the

10:27:42 irrigation, to the landscaping, and not only in front of the

10:27:46 cement wall, but the landscaping along New Jersey.

10:27:51 In particular we are going to need that for solution, for

10:27:55 buffering and for noise.

10:27:56 Thank you.

10:27:57 >>CHARLIE MIRANDA: Thank you very much.

10:27:58 Anyone else care to speak who has not spoken, please come

10:28:01 forward.

10:28:01 >> My name is Laura Dickerson.

10:28:06 I along with my husband and two children live at 3025 west

10:28:10 North "A" street.

10:28:12 Again, like my neighbors have said, I think we were all

10:28:15 understood the impression that the cement block wall was

10:28:19 going to go down the whole length of New Jersey as well, not

10:28:24 just North "A" street.

10:28:26 Our homes are elevated, even the ones further down.

10:28:29 So our big concern is that cement block wall as well and not

10:28:33 just a PVC fence.

10:28:36 It is a residential neighborhood.

10:28:38 You all know that we don't want this parking lot.

10:28:40 We are trying to compromise.

10:28:42 And we don't feel like we are getting any compromise back

10:28:45 from the applicant.

10:28:47 We do have good neighbors, a good neighborhood, and we would

10:28:52 like to maintain that.

10:28:53 We don't want to lose the feeling of our neighborhood over a

10:28:56 parking lot.

10:28:58 The other concern is that -- this doesn't show as much, but

10:29:03 the business is now occupying a large portion of that block.

10:29:08 If you take out the alley, he now owns more than half of the

10:29:11 block, and has made several comments to myself about when a

10:29:18 restaurant doesn't make it he will just buy that, too, and I

10:29:21 don't understand why someone would need that much property.

10:29:23 Please help us.

10:29:25 Please help us protect our neighborhood.

10:29:29 >> Anyone else who has not spoken?

10:29:31 Petitioner?

10:29:32 Want to speak?

10:29:37 Come forward, please.

10:29:41 Hold on, petitioner.

10:29:50 >> My name is Andre Dickerson, 3025 North "A" street.

10:29:58 I will be briefing and echoing my neighbors' concern.

10:30:01 The last time we were here, and we are all here again, which

10:30:04 is the fourth time, dragging out this situation.

10:30:09 We mentioned nonflow lighting.

10:30:12 We mentioned noise attenuation.

10:30:14 And we mentioned having the green space on the far side of

10:30:17 the fence.

10:30:19 I feel like as a neighborhood we have offered to come down

10:30:22 here hand in hand but for some reason the neighborhood seems

10:30:26 to take it from the hand to the mouth.

10:30:28 And when we offered the compromise, I told Mr. Rodriguez, I

10:30:34 will stand right here and tell you guys, the parking lot was

10:30:40 met with how much cost.

10:30:41 Well, these things cost money.

10:30:43 And when I mentioned that I was concerned about the light,

10:30:49 it was pointed out to me that I had a streetlight right

10:30:52 across the street from my house.

10:30:55 There's no real concern for the neighborhood here.

10:30:56 We do realize that's going to be a parking lot.

10:30:59 We ask that you protect us.

10:31:04 We are down here.

10:31:05 As you saw in the drawings, it's like a shell game.

10:31:09 Got a concrete wall here.

10:31:10 We got a PVC over here.

10:31:17 Take into consideration lighting, please.

10:31:19 Take into consideration the irrigating that my neighbor

10:31:22 spoke about and the landscaping.

10:31:25 Force them to properly do this the correct way. We would

10:31:28 appreciate that.

10:31:29 >>CHARLIE MIRANDA: Thank you very much.

10:31:30 Mrs. Capin.

10:31:32 >>YVONNE CAPIN: Ms. Feeley, can you address the lighting?

10:31:37 >>ABBYE FEELEY: Land Development Coordination.

10:31:39 I sure can.

10:31:40 In my haste I forgot to mention the two notes that were

10:31:43 added to the plan about no special events in this parking

10:31:45 lot and no alcoholic beverage in this parking lot.

10:31:48 Those were added.

10:31:49 The lighting.

10:31:50 Code requires that the lighting be directed into and may not

10:31:54 spill out over the property.

10:31:56 So they will be required to have all of that lighting

10:31:59 directed into the property, and it cannot spill out onto the

10:32:03 residential property.

10:32:04 Furthermore, in relation to the irrigation, code also

10:32:07 requires that it is irrigated, so they will be required

10:32:12 irrigation, they will be required if they provide lighting.

10:32:15 That's that lighting satisfy code and be directed into the

10:32:18 property and away from the residential.

10:32:21 Lastly, I did want to address if I may for just a moment the

10:32:24 tree plantings.

10:32:27 And also what code requires for buffering across from

10:32:30 residential.

10:32:31 What code requires for buffering across from residential is

10:32:36 five foot planted buffer or a six-foot masonry wall.

10:32:39 Okay?

10:32:41 The north has 25 feet planted and a 6-foot masonry wall and

10:32:49 the east has 8-foot planted and a PVC fence.

10:32:53 So there is no waiver for any buffering that is occurring as

10:32:57 far as use to use buffering for this project.

10:33:02 Lastly, there are proposed -- there is a hedge proposed

10:33:07 across the entire perimeter.

10:33:09 There is additional new tree plantings being proposed.

10:33:13 These large trees here that we worked very hard to save, the

10:33:16 30-inch, and then there's a multi-stem that is a 30-inch oak

10:33:21 here, we cannot allow them to plant within those areas and

10:33:26 the protected radius of those trees as code requires.

10:33:30 It requires 20-foot, 10-foot protective radius.

10:33:34 A lot of times we give 20.

10:33:35 A new tree requires 6-foot protective radius on its own.

10:33:39 When you put those both those radiuses together there is not

10:33:42 adequate space.

10:33:43 That is why the planting, we required and asked were pushed

10:33:47 more towards North "A" street and were really trying to stay

10:33:51 out of those.

10:33:53 In addition, there are trees being proposed on the south

10:33:57 side of the fence.

10:33:58 So you are going to have existing trees, plus new trees on

10:34:01 the north, plus new trees on the south.

10:34:05 >>YVONNE CAPIN: Thank you.

10:34:07 Here we go.

10:34:09 Item 51.

10:34:11 The leases.

10:34:12 Then we go to item 52.

10:34:14 No leases.

10:34:17 And I am going to bring it up again.

10:34:19 When this was passed, when the waiver was a couple years

10:34:27 ago --

10:34:27 >> I believe it was either 2010 or 2011 when they expanded

10:34:31 operation and received the waive.

10:34:34 >>YVONNE CAPIN: 2010, 2011.

10:34:35 I voted no.

10:34:36 They had no leases.

10:34:38 They didn't even have leases.

10:34:39 And now we are talking about leases aren't worth the paper

10:34:42 they are written on.

10:34:43 But that was voted in.

10:34:46 And because they had parking and there was parking here and

10:34:52 parking there everywhere and now there's no parking and we

10:34:55 are encroaching into a neighborhood to give them parking.

10:35:00 I have tried to help mitigate as much as possible because I

10:35:06 saw that this was going to probably pass.

10:35:11 But we talk about that, and yet, here, there's a vote to

10:35:17 pass this through when it shouldn't have been in the first

10:35:20 place.

10:35:23 That's what I have to say about the whole thing.

10:35:25 >>CHARLIE MIRANDA: Any other council members?

10:35:29 Petitioner?

10:35:31 Do you own this property or are you leasing it?

10:35:33 >> It's owned.

10:35:34 >> Thank you very much.

10:35:35 >> Keith Bricklemyer: I think that Mrs. Feeley has

10:35:39 addressed the principle issued raised by the neighbors

10:35:43 today.

10:35:44 Regarding lighting and irrigation and landscaping.

10:35:49 The one point I did want to make, I think if you go back to

10:35:52 her first presentation today, and look at the three

10:35:57 different plans that have been presented to you, I not fair

10:36:02 to say that the applicant has failed to compromise.

10:36:05 I think the applicant has gone way beyond compromising and

10:36:11 is providing screening and buffering far in excess of what

10:36:14 the code otherwise requires.

10:36:16 So there is compromise.

10:36:18 There is protection to the neighborhood.

10:36:20 It was pointed out to me by the engineer today that as a

10:36:23 result of the various changes that have been made, the

10:36:27 closest parking lot to a single-family residence to the

10:36:30 north, the closest parking space is almost 50 yards, 149.5

10:36:37 feet, from the closest parking space to a single-family

10:36:41 residence to the north.

10:36:43 So there is substantial buffering and screening.

10:36:48 We have incorporated all the conditions that you requested

10:36:50 in your motion to approve this at the last hearing and would

10:36:54 request your approval today.

10:36:55 Thank you.

10:36:56 >>CHARLIE MIRANDA: Thank you very much.

10:36:56 Any questions by council members to the petitioner?

10:37:00 Need a motion to close.

10:37:02 I have a motion by Mrs. Montelione to close.

10:37:04 Second by Mr. Cohen.

10:37:05 All in favor of the motion please indicate by saying aye.

10:37:08 Opposed nay.

10:37:09 The ayes have it unanimously.

10:37:11 Mr. Cohen, would you take this ordinance.

10:37:14 >> I move AP ordinance being presented for second reading

10:37:17 and adoption, an ordinance rezoning property in the general

10:37:20 vicinity of 3012-3028 west North "A" street in the city of

10:37:25 Tampa, Florida and more particularly described in section 1

10:37:28 from zoning district classification RS-50 residential

10:37:32 single-family to PD planned development, parking, commercial

10:37:36 off-street, providing an effective date.

10:37:37 >> Second.

10:37:39 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

10:37:40 I have a second by Mr. Suarez.

10:37:41 Discussion, Mrs. Mulhern?

10:37:43 >>MARY MULHERN: Thank you.

10:37:48 I can't just vote no without bringing up my problems with

10:37:53 this, my disappoint in my colleagues, in the Planning

10:37:59 Commission, and in our staff in recommending this as a

10:38:05 compatible use and something that would not do damage to the

10:38:09 integrity of this neighborhood.

10:38:11 This is a single-family, affordable block of houses that

10:38:17 were torn down to put in a parking lot.

10:38:21 And we have got to go back.

10:38:26 If this is somehow supported by our comprehensive plan, and

10:38:29 by our zoning, it needs to change.

10:38:33 But it's not.

10:38:33 I don't believe it is.

10:38:34 I don't believe this is in any way compatible with our

10:38:38 comprehensive plan.

10:38:39 Mixed use doesn't mean you eliminate the residences.

10:38:44 Mixed use means you allow the appropriate commercial uses in

10:38:50 the appropriate areas, and then you have the residences in

10:38:54 the residential buildings.

10:38:56 This whole concept of mixed use urban village is a misnomer

10:39:05 because we are an urban area.

10:39:07 We are a city.

10:39:08 We are not somewhere that's a blank slate out in the suburbs

10:39:13 where you want to create some kind of new development.

10:39:16 We have a development pattern that is traditional, city

10:39:20 development, where you have residential streets behind busy

10:39:25 commercial streets, and you have people living on those

10:39:29 streets, and they live there pause they want to be close to

10:39:32 the commercial area.

10:39:33 They don't live there wanting to have more parking lots

10:39:37 across from that.

10:39:38 This isn't the first time this has happened.

10:39:40 This has happened many times.

10:39:41 And I have a problem with it.

10:39:44 And I'm really, really disappointed, because if this

10:39:49 happened to me on my residential block, not far from here,

10:39:53 nobody would have voted for that.

10:39:54 And if you live in a neighborhood, a more upscale

10:39:59 neighborhood, say adjacent to MacDill or Howard, you would

10:40:08 have a pretty hard time getting people to tear down those

10:40:11 houses one block away from there.

10:40:14 So I'm just really, really disappointed.

10:40:17 And begging, begging my colleagues to go back and do some

10:40:22 study about what our job is here, because our job is to

10:40:26 protect the neighborhood.

10:40:32 >>CHARLIE MIRANDA: Anything else?

10:40:35 [ Applause ]

10:40:36 [Sounding gavel]

10:40:37 We'll have none of that.

10:40:38 We go to roll call vote on 52 and a motion made by Mr.

10:40:42 Cohen, second by Mr. Suarez.

10:40:43 Roll call vote, please.

10:40:44 >>THE CLERK: Motion carried with Capin and Mulhern voting

10:40:58 no.

10:41:01 >>CHARLIE MIRANDA: Thank you all very much for attending.

10:41:02 We go to item 533rd.

10:41:07 Staff reports.

10:41:08 Five minutes per agenda item.

10:41:11 >> Brad Baird, Tampa water department.

10:41:52 Here to talk about item 53 regarding the February 22nd power

10:41:58 outage at the David L. Tippin water treatment plant.

10:42:03 TECO and the City of Tampa have worked together, and each

10:42:11 hired an electrical expert to provide a report that

10:42:15 summarizes the events of that day, and also provides

10:42:21 recommendations of electrical improvements on the city side

10:42:26 of the meter and electrical improvements on TECO's side of

10:42:29 the meter.

10:42:31 It's truly been a cooperative effort, and both teams have

10:42:35 stepped up to the plate.

10:42:36 So what I would like to do is provide a summary of what

10:42:41 happened that day, try to keep it as brief as possible, and

10:42:48 then city recommendations to the electrical improvements on

10:42:51 our side of the meter, and then our vice-president of TECO

10:42:56 will come up and provide the electrical improvements on Teco

10:43:00 side of the meter.

10:43:01 And with that, I would like to proceed and refuse to the map

10:43:12 that I put on the overhead, if I might.

10:43:18 The first thing that happened early on February 22nd at 5:34

10:43:24 in the morning, the Yukon substation which is shown in red

10:43:28 with the red feeder line going all the way through the Tampa

10:43:33 water treatment plant had a cable failure.

10:43:37 It was an apparent wildlife event that caused that cable to

10:43:45 fail.

10:43:47 And immediately TECO responded and worked all morning and

10:43:53 into the afternoon.

10:43:55 And when that failure happened on the cable, power was

10:44:02 immediately transferred over to the 30th street

10:44:07 substation that you see on the map in green located right

10:44:11 there.

10:44:14 So that substation and that feeder was providing all the

10:44:19 power to the David Tippin water treatment facility.

10:44:26 Then the excitement started around 1:19 in the afternoon.

10:44:31 And where we had a pad mount switch number 3 that failed.

10:44:37 It failed because an arrestor exploded due to what we think

10:44:42 was a build-up of chemicals, residue, which I will refer to

10:44:47 later in the recommendations, and that contaminated the

10:44:53 switch cabinet and in turn caused the switch oh to short

10:44:58 out.

10:44:58 You recall last time I showed a picture of that switch at

10:45:01 the plant.

10:45:04 The switch failure caused two conditions, caused the

10:45:10 electrical circuit at the treatment plant, referred to as

10:45:12 Lou Bay, to be discontinuous and therefore could not accept

10:45:18 the stand-by power that our facility was provided, came up

10:45:26 and ran but could not power up the treatment plant.

10:45:29 The second thing that the switch failure caused was a

10:45:37 current that cult resulted in a failure or condition that

10:45:43 resulted from oscillations of the feeder line that come into

10:45:49 the plant, and those oscillations of the line were so great

10:45:56 that they resulted in short circuit of that feeder, and as a

10:46:02 result an arcing condition.

10:46:06 And as a result of that, the 30th street substation

10:46:15 locked out the recloser and could no longer power the

10:46:19 treatment plant.

10:46:20 And all of that happened within about three seconds.

10:46:26 So at that point, our triple redundancy, none of the power

10:46:31 supply could power our treatment plant.

10:46:39 Our electricians immediately worked to isolate switch number

10:46:42 3.

10:46:43 They were successful in doing that in 26 minutes.

10:46:47 And brought back the stand-by power manually.

10:46:51 And that was able to power up the plant and fully pressurize

10:46:55 the water surface area in a total of about 29 minutes.

10:47:00 So that's what happened that day.

10:47:03 It was pretty much as recorded a few days after the event

10:47:07 when I reported to you the first time.

10:47:14 If I might go into seven recommendations that our electrical

10:47:19 expert provided to be implemented on the city side of the

10:47:25 meter or at the treatment plant site.

10:47:28 First, we will need to test all the switches and cables

10:47:34 associated with Lou Bay.

10:47:40 That includes cables, surge arrestors, circuit breakers,

10:47:45 this testing includes isolating each one of those, equipment

10:47:50 and sections of cable, and it's over and above the

10:47:54 preventive maintenance and testing that we perform on a

10:47:57 regular basis.

10:47:58 This will take several months to perform.

10:48:02 Item 2, recommendation number 2, we are going to review the

10:48:07 short circuit availability and relay coordination study that

10:48:11 was performed in 2001 to ensure that our settings primarily

10:48:20 our relay settings are compatible with TECO's system

10:48:26 companies on their side of the meter.

10:48:28 That's very important because we may have had equipment

10:48:32 changes on the city side, TECO may have had some changes on

10:48:37 their side as well.

10:48:39 We have to make sure that the two systems are compatible.

10:48:45 Third, switch number 3 is near a chemical storage area.

10:48:50 That is a high contamination area.

10:48:53 And our experts think that that contamination and that

10:49:01 residual build-up that happened on the arrestor is the

10:49:09 reason for the failure, and as a result this recommendation

10:49:12 has increased the preventive maintenance on that switch, in

10:49:16 particular, we also will look at review relocation as

10:49:21 suggested by Councilman Reddick, and also whether or not

10:49:28 building an enclosure around that switch may be more cost

10:49:31 effective.

10:49:32 So we'll look at both of those.

10:49:36 Fourth, we are going to review the existing training program

10:49:39 for operators and electricians to ensure that the training

10:49:44 is in full compliance with our operation and maintenance

10:49:47 manuals, it's in full compliance with the design drawings,

10:49:51 and most importantly, includes the latest safety

10:49:57 requirements that have been implemented since 2001.

10:50:05 We are going to conduct operational tests to verify that the

10:50:09 13.2-kilovolt transfer schemes are available to operators in

10:50:16 our computer system.

10:50:17 You may know that system takes Scava system, and that they

10:50:22 can be implemented from the control room.

10:50:26 So basically we are looking at the programming to make sure

10:50:29 all the original schemes are in that program and still

10:50:35 operational and can still make changes to the electrical

10:50:38 system.

10:50:44 Sixth, we experienced a phase to phase fault in this event.

10:50:49 How far, 90 to 95% of all electrical failures are faced to

10:51:00 ground faults. So as a matter of providing additional

10:51:02 protections and additional level of insurance, this

10:51:05 recommendation adds a ground fault relay to both loops A and

10:51:09 loop C at the treatment plant.

10:51:13 Finally, and most importantly, the electrical expert is

10:51:22 recommending a procedure where we will operate similar to

10:51:25 how we operate in the summertime when we have had regular

10:51:28 afternoon thunderstorms, and that is when we lose power from

10:51:33 one of the electrical feeders, from TECO, we will, instead

10:51:37 of automatically shifting all the power to the other

10:51:42 substation feeder, we will shift half of the plant power to

10:51:46 our stand-by power facility.

10:51:49 And that has the advantage of being able to automatically

10:51:58 power up the plant, or the other half of the plant, should

10:52:01 we lose that one feeder.

10:52:05 In total, the improvements on the city side total about a

10:52:08 half million dollars.

10:52:10 So we feel the seven recommendations will go a long way to

10:52:16 ensuring that this event doesn't happen again.

10:52:20 And with that, I'll turn it over to Bill Wale to talk about

10:52:29 the TECO recommendations, and then after that we can answer

10:52:31 questions.

10:52:32 >> Good morning, councilmen.

10:52:35 Initially, when TECO had its event, looking at the event,

10:52:40 the approach was what can be done to reduce the probability

10:52:43 that cable could be compromised at the plant?

10:52:46 As we looked at the setback and said, wait a minute, let's

10:52:50 look at both circuits completely and see what can be done to

10:52:53 enhance it because of the criticalness of this particular

10:52:56 facility.

10:52:57 The recommendations that we have are based on that overview,

10:53:00 not just addressing the particular event that occurred

10:53:02 there.

10:53:03 The first thing that we'll do, and I will reference the map,

10:53:09 the event took place as far as the cable initially failed at

10:53:13 the water plant.

10:53:14 We went back and looked at both substations and said what

10:53:18 can be done there as far as potentially protecting from

10:53:21 animal protection?

10:53:22 Take both the substations and that feed the power to the

10:53:26 facility and put a.m. protection in those particular

10:53:28 facilities.

10:53:31 In addition to that we looked at the breakers and the relays

10:53:34 in both of those, and they worked fine, the relays worked

10:53:38 fine, but we have to change those out to state of the art

10:53:42 breakers and relays that are there today and change those

10:53:45 out.

10:53:45 Next thing we are going to do is take the Yukon circuit

10:53:48 which is in red and beef up the capacity of that particular

10:53:52 circuit to handle fault and unbalanced currents.

10:53:55 In doing that it's going to increase the neutrals and also

10:53:58 request 32 poles in that circuit.

10:54:01 Everything increased capacity could handle both current and

10:54:05 also to pick up something has the relays go faster.

10:54:08 Next thing we'll do is take the 30th street circuit,

10:54:13 which is feeding, and take that up to what's called extreme

10:54:17 wind, and we have a pretty high standard within this area

10:54:19 but we are going to take this up to a much higher level to

10:54:22 be able to withstand 140-mile wind and looking at that as

10:54:26 far as protection from the hurricane standpoint.

10:54:29 Next thing we are going to do is the circuit, coming in off

10:54:32 of 30th street, before it gets to the underground

10:54:36 section is overhead.

10:54:37 We are going to take both those circuits and underground

10:54:39 them, from 30th all the way to plant, and that will be

10:54:42 completely underground.

10:54:43 So that will give that some more protection.

10:54:46 Lastly, as we looked at it we said initially we had a cable

10:54:50 that had its integrity compromised.

10:54:54 At the time we didn't have technology to protect that as

10:54:56 well as we have today.

10:54:57 We have some new technology that's going to apply to that,

10:55:00 and he have five years come back and test those cables, and

10:55:03 that way there's something that's underground, that we pick

10:55:07 that up earlier in the game.

10:55:11 All those recommendations, will be about a million dollars

10:55:13 to upgrade those systems, of which TECO is committed to do.

10:55:17 Let's say this electrical system is a very complex,

10:55:22 specially one that's providing power to the City of Tampa's

10:55:25 water plant.

10:55:26 That's a very complex electrical system in itself.

10:55:28 In addressing this issue, it took transparency on both side

10:55:34 of the organization to really come up with a rich list of

10:55:36 recommendations, and I think as you look at those lists, you

10:55:40 will see that it is very rich.

10:55:41 I appreciate the tone that barred Baird took and working as

10:55:49 a team working with TECO to make sure that this doesn't

10:55:52 happen again.

10:55:52 Thank you.

10:55:54 >>CHARLIE MIRANDA: Questions by council members?

10:55:56 Ms. Capin?

10:55:58 >>YVONNE CAPIN: Mr. Baird, thank you.

10:56:01 I was at least briefed.

10:56:02 I'm sure everyone here was also on this.

10:56:05 And thank you for this in-depth explanation yesterday.

10:56:10 And recognizing that, and people recognizing that this is a

10:56:14 critical service.

10:56:18 We have to work together, because water, a hurricane, you

10:56:23 can live without electricity, you can't water.

10:56:26 So it's very important to be able to get the water.

10:56:32 And I remember back then I said, you know, this needed to be

10:56:36 bulletproof.

10:56:37 And when I say that, I mean it.

10:56:40 I know things can't be grenade proof, bazooka proof, but

10:56:45 they can be bulletproof.

10:56:46 But I want to say, Mr. Baird, I have to commend you, not

10:56:50 only for being here today working so hard to get these

10:56:57 precautions in place, but I have got to tell you, during the

10:57:05 water emergency, if you will, or the city-wide emergency

10:57:10 water issue, you did an exceptional job.

10:57:12 You really did an exceptional job.

10:57:14 You were there up front explaining, answering questions,

10:57:18 both to the media and the citizens, explaining why it was,

10:57:22 you know, what may have caused it, assuring everyone that

10:57:27 boiling the water was a good precaution.

10:57:32 You just didn't -- your tone was very reassuring.

10:57:37 At the same time, you were fixing the problem.

10:57:41 I have to tell you, we do have some of the best staff in the

10:57:46 state as far as municipalities.

10:57:48 And Mr. Baird, you are definitely one of them, I have to

10:57:52 say.

10:57:52 >> Thank you very much.

10:57:55 >>YVONNE CAPIN: And with that, I asked yesterday, because I

10:57:57 kept turning on our CTTV to see if there was any coverage on

10:58:05 it, and there wasn't.

10:58:08 And I think that we as a city, when there is an emergency,

10:58:15 own TV station should be constant with notice and the

10:58:20 reassurance and whatever needs to be done, which is what you

10:58:25 did all along.

10:58:27 So one of the questions was about "alert Tampa," and I

10:58:34 appreciate the quick response on that yesterday, about you

10:58:38 the CTTV, I kept thinking, the mayor is going to come on, or

10:58:42 someone is going to come on to say more about this, and the

10:58:45 whole weekend I spent looking at it, and there really wasn't

10:58:49 anything.

10:58:49 The coverage, the media coverage was excellent.

10:58:52 They even had experts come on to explain the water and what

10:58:58 we were doing.

10:58:59 So I think everyone pulled together.

10:59:03 And I do again appreciate it.

10:59:05 I just would like to see our own TV be more on the alert,

10:59:10 because there's a lot of elderly people, and they do not

10:59:13 necessarily have the cell phone to be alerted with a text

10:59:18 message.

10:59:19 But the TV would do it.

10:59:22 So thank you for that.

10:59:23 And I don't have any other comments.

10:59:25 Thanks.

10:59:25 >>CHARLIE MIRANDA: Any other council members?

10:59:27 Thank you both for appearing.

10:59:29 I believe you briefed all of us, and you did a great job,

10:59:35 and when these things happen, like you said it happens

10:59:39 within three second, and three seconds is not a long period

10:59:42 of time for something to go wrong.

10:59:44 However, I think that these things that had some fault in it

10:59:50 certainly in the future, once we spent half million on the

10:59:52 city and a million from TECO, to do what's the right thing

10:59:56 to do, so that the public is always protected, and the water

10:59:59 resources really number one not only here but throughout the

11:00:03 world.

11:00:03 And we thank you for coming up with these suggestions.

11:00:06 And I'm sure that they will be implemented in a very quick

11:00:10 time.

11:00:10 We appreciate it very much.

11:00:14 Thank you very much.

11:00:16 That was item 53.

11:00:17 We go now to item 54.

11:00:26 This is a resolution between the city and the mayor.

11:00:28 Yes, sir.

11:00:28 >>BOB McDONAUGH: Economic development.

11:00:32 This is the consideration for a lease for the water works

11:00:37 building.

11:00:37 And we had some questions about some of the existing lease

11:00:44 and that has been refined since our last meeting.

11:00:47 And I believe to the satisfaction of council.

11:00:49 But it's more than a lease.

11:00:52 It's really a beginning of the spur of the redevelopment of

11:00:56 the Tampa Heights area.

11:00:58 And to really talk about it, the unbridled them enthusiasm,

11:01:06 I would like to invite with council's permission Richard

11:01:09 Gonzmart to come up and talk about exactly what he plans,

11:01:13 because it's a very exciting concept.

11:01:14 >> Thank you very much for allowing me to speak.

11:01:23 This is a more emotional project for me.

11:01:28 I was born three blocks away at the St. Joseph's hospital.

11:01:31 My grandparents and my mother lived on 7th Avenue.

11:01:37 This beautiful historic old building built in 1903 was the

11:01:43 source of water that my great grandfather used when he built

11:01:45 the Columbia restaurant, back in 1905.

11:01:50 It's about restoring respect in the community, putting

11:01:54 people to work.

11:01:57 This is going to be my legacy.

11:01:58 This is something I really want to do.

11:02:00 I am going to be working with the DW water, children thrown

11:02:07 out of school, haven't done well, hospitality program, going

11:02:10 to work with them.

11:02:11 We are installing and donating a commercial kitchen in the

11:02:13 Tampa civic Heights church at the interstate to teach young

11:02:19 students the opportunity to have a great job in hospitality

11:02:23 in this case, putting people under our guidance, and to give

11:02:31 them an opportunity to have a career in one of our

11:02:35 restaurants or another restaurant.

11:02:37 It's about bringing the Heights back to the forefront, and

11:02:41 building pride in the community.

11:02:44 This project was started on a 1.4 million budget.

11:02:52 I need to do it before it gets any higher.

11:02:57 We have been searching for about eight months to create a

11:03:01 sculpture of the Native American Indian princess who saved a

11:03:05 young Spanish sailor.

11:03:10 And searching throughout the world, actually, people will be

11:03:16 able to bring their children, see the springs named after

11:03:24 her, and this is about a community, this is about my family

11:03:27 being part of reviving the water works building.

11:03:33 The restoration alone to maintain is $100 just to maintain

11:03:44 the windows.

11:03:45 It's not about the mat money that we are investing.

11:03:47 It's about making a difference, and building pride, and

11:03:52 putting people to work.

11:03:54 The Metropolitan Ministries has a program for young

11:03:57 teenagers, working with them as well.

11:04:00 We want to make an impact in the community.

11:04:04 And when I'm done, my children will carry on, something that

11:04:10 the whole community can be proud of as they walk around the

11:04:14 arrive front, and so we ask your consideration to approve

11:04:27 this lease so it can move forward and hopefully have it

11:04:30 open.

11:04:33 >>CHARLIE MIRANDA: Well, I hope you are not moving, Mr.

11:04:34 Gonzmart.

11:04:35 Ms. Capin and Mrs. Mulhern.

11:04:40 >>YVONNE CAPIN: Mr. Gonzmart, thank you.

11:04:43 I know I visited the location one early morning, and walked

11:04:47 into that building and turned around to you and said, thank

11:04:51 you for looking at this and doing this.

11:04:57 The building is an incredibly bad condition.

11:05:02 That is just -- and that you have the vision to do this, is

11:05:07 just -- it's knowing your family, and your family

11:05:12 background, and your mom.

11:05:14 I served on a couple of boards with your mom.

11:05:18 And I understand exactly what you are saying.

11:05:21 So thank you.

11:05:22 >> thank you very much.

11:05:25 >>CHARLIE MIRANDA: Ms. Mulhern.

11:05:26 >>MARY MULHERN: Thank you, Richard.

11:05:28 I'm sorry I delayed this a little bit.

11:05:30 It's a wonderful project.

11:05:32 And I just am so impressed with what you are doing.

11:05:35 I know I went to visit you there almost a year ago or

11:05:40 something, and he was traveling around the world looking for

11:05:45 the right lighting sconces.

11:05:47 He have single detail there.

11:05:48 And what the city and SWFWMD is going to do with the spring

11:05:51 is wonderful.

11:05:52 It's a great project.

11:05:54 And thanks.

11:05:56 I met with Phil Rain and we immediately figured out -- not

11:06:03 my only problem was this, was that there was a possibility

11:06:06 of having parking on the river.

11:06:07 We have redrawn that.

11:06:09 It's great.

11:06:10 I'm happy with it and I'm really excited.

11:06:12 >> And I had the concern, too, but the city has been

11:06:14 wonderful in assisting us with achieving what we needed to

11:06:17 make the project successful with parking.

11:06:19 So I think what's going to be there is that beautiful view

11:06:22 that people will be looking outside.

11:06:25 >> Move the resolution.

11:06:28 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

11:06:29 Seconded by Ms. Capin.

11:06:32 But before I vote, let me say my first real job, I was 12

11:06:36 years old delivering papers, but my first real job was with

11:06:40 Mr. Gonzmart's grandfather.

11:06:41 But it wasn't in 1905.

11:06:44 [ Laughter ] it was in 1954.

11:06:47 And I worked with some character and I learned a lot.

11:06:50 I learned more there than I did in college.

11:06:56 I can name them all.

11:06:58 The set of characters, and make a film of it, people

11:07:01 wouldn't believe it.

11:07:02 It was wonderful to work there and I enjoyed it very much.

11:07:05 And if you want some help I will be able to bus tables for

11:07:08 you.

11:07:09 [ Laughter ] all right.

11:07:10 The motion is made.

11:07:13 All in favor of the motion indicate by saying aye.

11:07:16 Opposed nay.

11:07:17 Motion passes unanimously.

11:07:21 Item 55.

11:07:21 >>BOB McDONAUGH: This is the license to allow this

11:07:29 development on some undeveloped land that the city has in

11:07:34 the neighborhood.

11:07:35 It is surrounded by the parking lot and again the intent is

11:07:39 to move parking as far away from our river as we can.

11:07:43 >>CHARLIE MIRANDA: Any comments by council members?

11:07:45 Need a motion for 55.

11:07:48 Motion by Mr. Suarez, seconded by Mrs. Montelione.

11:07:50 All in favor indicate by saying aye.

11:07:53 Opposed nay.

11:07:53 The ayes have it unanimously.

11:07:55 Thank you for appearing.

11:07:57 Item 56.

11:07:57 >>JULIA MANDELL: Legal department.

11:08:10 I have had an opportunity to review the makeup of the boards

11:08:13 that were discussed, human rights board, the public arts

11:08:17 committee, council board and the citizens advisory committee

11:08:20 for EL Centro.

11:08:22 I always had an opportunity to review if other boards we

11:08:25 have within our codes for a variety of different purposes.

11:08:29 These three boards are really the only boards which only

11:08:32 have mayoral appointments.

11:08:35 I think it's important to notice that the EL Centro board

11:08:39 has not met in over ten years and is no longer a necessary

11:08:42 board given that its original mission was this was a

11:08:46 redevelopment of that property.

11:08:48 The remaining board, the human rights board and the public

11:08:50 arts committee, within your codes, I know that was a move to

11:08:56 amend the human rights board in order to add additional

11:08:58 memberships, and again the public arts committee, those are

11:09:03 within your code and certainly within your legislative

11:09:05 prerogative if you wish to change the makeup, and who

11:09:09 appoints those boards, and we can facilitate that in

11:09:12 whatever way is necessary.

11:09:13 And I have had an opportunity to discuss this matter with

11:09:15 the administration, and they don't have any objection, if

11:09:18 council would be interested in moving forward.

11:09:22 They don't really see that as a problem for them, and just

11:09:26 want to make sure this board is made up with the right types

11:09:30 of people for the purposes of those boards and their

11:09:33 mission.

11:09:33 >>MARY MULHERN: When we talked about this at the last

11:09:39 meeting, it wasn't about the public arts, it was about the

11:09:46 arts council board.

11:09:46 >>JULIA MANDELL: When you discussed this matter, the

11:09:52 underlying discussion was about the change to the human

11:09:55 rights board and adding additional members, and who should

11:09:58 make the decision as to who the membership should be, and it

11:10:01 was noted at that time, my understanding, that that was a

11:10:04 board that was fully made up of mayor appointments, and then

11:10:08 City Council requested that I go ahead and look at both the

11:10:10 arts council and the citizen advisory committee

11:10:12 specifically.

11:10:13 The arts council is a county board, not a city board.

11:10:17 We have a Public Art Committee within our code that is --

11:10:22 >>MARY MULHERN: But we have a mayoral appointment to the

11:10:24 arts council.

11:10:25 Is that correct?

11:10:26 >>JULIA MANDELL: That I don't know because that's a county

11:10:28 board and I didn't look at the county board.

11:10:31 I was looking at city boards.

11:10:32 >>MARY MULHERN: Well, that's what our concern was about.

11:10:35 >>JULIA MANDELL: Then I misunderstood.

11:10:37 I thought that the request was to look --

11:10:41 >>CHAIRMAN: It wasn't about public art although we probably

11:10:43 should have a city -- or council appointee on that, too.

11:10:47 But what could we do -- is that part of the -- it's just the

11:10:53 county commission rule?

11:10:57 >> I haven't looked at that.

11:10:59 >>MARY MULHERN: That's what I am more interested in.

11:11:00 >>JULIA MANDELL: Okay.

11:11:02 Be happy to look at that.

11:11:05 >>YVONNE CAPIN: I served on both boards, the public arts and

11:11:08 the arts council.

11:11:11 So appointed by the mayor to both.

11:11:17 So that is a mayor's appointment.

11:11:18 There is no City Council appointment, if that's what you are

11:11:20 referring to.

11:11:21 Maybe that needs -- and I think that's what we are looking

11:11:24 at.

11:11:24 Where the City Council may be able to include appointments.

11:11:29 >>JULIA MANDELL: What I understood we were talking about

11:11:34 were city boards, within the city which per your code had

11:11:40 mayoral appointments.

11:11:42 The arts council board is a separate board, and I believe

11:11:46 that the county -- it would be up to the county to change

11:11:52 the makeup of that board.

11:11:56 And on our public arts committee was a separate City Council

11:12:01 legislative board, that there are mayoral appointments, but

11:12:05 that a member of City Council is appointed to that board by

11:12:09 the mayor.

11:12:10 I will say that change the makeup of that board to include

11:12:17 City Council appointments, I probably would recommend that

11:12:18 you don't have a City Council specific appointment to it

11:12:21 that you all have your own appointments, if that's the will

11:12:23 of council.

11:12:24 But I can go back and look at the arts council.

11:12:26 The county arts council and determine how that makeup is,

11:12:31 and we certainly could make that request of the county as to

11:12:34 whether or not they can change to add a City Council member

11:12:37 to that board.

11:12:40 >>CHARLIE MIRANDA: Any other council members?

11:12:41 I believe Mrs. Mulhern spoke, Mrs. Montelione, and we go by

11:12:45 council members who have not spoken.

11:12:46 >>LISA MONTELIONE: The whole discussion of the makeup of

11:12:51 the board came out of my briefing with Allison singer at the

11:12:56 time.

11:12:56 So assistant city attorney Singer and I started discussing

11:13:03 not just the human rights board and the makeup of it, but

11:13:06 also the other boards that we have as a city, and what the

11:13:11 makeup of those boards were.

11:13:14 And that's where it was discovered.

11:13:18 There are only three that had fewer mayoral appointments to

11:13:24 he have single seat.

11:13:25 And I had asked her to do the research.

11:13:27 And now you are bringing it forward to discuss how we can

11:13:31 change the makeup of those boards so it is like all the

11:13:34 others, and they are all uniform, they are all consistent

11:13:38 with appointments by the mayor, as well as appointments by

11:13:41 council.

11:13:42 So that's where this whole discussion began.

11:13:47 And what I was hoping to hear today was how legal was

11:13:57 recommending the language be changed, and how those

11:14:00 appointments would be.

11:14:01 So on each of the boards, if there is seven members, then

11:14:06 it's obvious, you know, throws seven of us, we would each

11:14:09 appoint one person.

11:14:10 But to include the traditional mayoral appointments, then we

11:14:14 would look at having eight, which is an even number, so then

11:14:18 we have to go to nine.

11:14:19 So it gets a little dicey with the number of people being

11:14:22 appointed, and how they are appointed, and also talking

11:14:27 about existing boards with the exception of the El Centro

11:14:30 board, and -- EL Centro board and the term limits of the

11:14:34 people who are already seated on those boards and how we

11:14:37 would phase in the City Council appointments.

11:14:40 So that's what I was looking to hear about.

11:14:42 And that's where the discussion came from.

11:14:47 >>JULIA MANDELL: Let me take a step back.

11:14:49 What I understood, there was an amendment moving forward to

11:14:53 that board to have additional members, and the discussion

11:14:56 was to add those as City Council appointments to balance out

11:14:59 the existing appointments that are mayoral appointments.

11:15:02 So really the only board left in real discussion is the

11:15:07 public arts committee, which is what I presumed you were

11:15:10 discussing, not the Hillsborough County arts council.

11:15:14 And with that coming forward --

11:15:17 >> That's what I had intended.

11:15:20 Because we can't tell the county what to do.

11:15:23 We can make, now, requests.

11:15:25 But I was only discussing the city boards.

11:15:27 And that was the discussion I had with Mrs. Singer.

11:15:31 >> Really, the only other board that we would be talking

11:15:33 about because there is a recommendation coming forward out

11:15:36 of the legal department to add in City Council appointments

11:15:40 to balance out the ones that are assisting our mayoral

11:15:44 appointments, so the public arts community, and that's why I

11:15:48 wanted to point out to you that at this point in time you

11:15:51 had a member of your City Council on there now, who is a

11:15:56 mayoral appointment, and that if you wanted to go ahead and

11:15:59 make that change, I wanted to first make sure that is a

11:16:04 change you wanted to make, and second, my recommendation is

11:16:07 that you -- I wouldn't recommend that you keep one of the

11:16:10 mayoral appointments in the City Council member, and what we

11:16:13 would just hear is what the makeup of that board, and I

11:16:16 believe goes to the board -- it depends on the board, some

11:16:22 have a 3-4, some have a 4-3, and that would be a question

11:16:26 for City Council.

11:16:26 Would you prefer to have a 4-3 split or 3-4 split?

11:16:30 Because that's really where most of the other boards go.

11:16:33 In that instance, talking this through, that is really the

11:16:36 only board that I would want a little more direction from

11:16:38 council, given that you have an existing member of your City

11:16:42 Council sitting on that board as traditionally how that

11:16:46 board has played out.

11:16:47 So if that's something you want to change, I would request

11:16:50 that you go ahead and make that request.

11:16:51 The legal department can bring that back and we can go ahead

11:16:54 and make that change.

11:16:55 >> That's what I was requesting.

11:17:00 >>JULIA MANDELL: I would prefer a motion from council that

11:17:03 you have a City Council member on there.

11:17:06 >>CHARLIE MIRANDA: We'll get there.

11:17:06 Any other council members who have not spoken?

11:17:08 Mr. Cohen, Mr. Reddick, Mr. Suarez.

11:17:10 >>HARRY COHEN: I would ask whenever that motion gets made

11:17:13 that it be clarified as to what the motion is.

11:17:16 >>CHARLIE MIRANDA: Right.

11:17:17 Ms. Mulhern?

11:17:18 >>MARY MULHERN: I think that's all I wanted to say.

11:17:21 You may have already said this.

11:17:22 But I didn't quite grasp it.

11:17:24 And I was on the public arts board, but I don't remember how

11:17:28 many members.

11:17:29 I think there are seven or nine.

11:17:31 Councilwoman Capin, do you know?

11:17:41 I think is what you are saying, Ms. Mandell, for the public

11:17:45 arts board, for instance, that we would just switch the

11:17:49 appointment that the mayor makes of the City Council person

11:17:55 to an appointment by the chairman of the City Council

11:17:58 person?

11:18:00 >>JULIA MANDELL: We would just do it as we do all the other

11:18:03 boards where there is a split, the number of appointments,

11:18:06 number of appointments that come from City Council, and it

11:18:08 would be advertised and reviewed, and filled out the same

11:18:12 way as the other boards.

11:18:14 >>MARY MULHERN: So the public arts board is now all made by

11:18:16 the mayor?

11:18:17 >>JULIA MANDELL: That's correct.

11:18:19 >>CHAIRMAN: With one City Council --

11:18:21 >>JULIA MANDELL: It's one of the mayoral appointments of a

11:18:25 City Council person.

11:18:26 Again --

11:18:27 >>MARY MULHERN: We don't know how many members they have.

11:18:30 >>JULIA MANDELL: I apologize.

11:18:31 I had the whole packet of information and didn't grab that

11:18:34 file.

11:18:35 But I'm sure I can get that information.

11:18:38 But I really think the important question is, whether or not

11:18:43 you want me to move forward with that particular item.

11:18:47 Because the human rights board refused to what has come

11:18:51 before you would remedy, I guess, that situation for the

11:18:53 human rights board, and again the only board that was a

11:18:57 mayoral appointment board frankly could be taken out of the

11:18:59 code because it has a mission that no longer exists.

11:19:04 So that board is no longer really relevant.

11:19:08 >>MARY MULHERN: I don't know that we need to change -- and

11:19:19 I'm guessing that Councilwoman Capin as our public arts

11:19:23 representative agrees that it's not that we have more

11:19:27 representation particularly on a board that size.

11:19:29 I don't know.

11:19:31 I think I leave that up to you to take that to the board and

11:19:35 see what they think.

11:19:36 >> I have Mr. Cohen and Mrs. Montelione.

11:19:43 >>HARRY COHEN: I just have a question.

11:19:46 Is it written in the law somewhere that the mayor appoints a

11:19:50 council member to that seat?

11:19:52 Or is that just something that you get?

11:19:56 It's traditional.

11:19:58 I mean, so it could really be anybody then.

11:20:01 >> It is traditional.

11:20:03 It hasn't been done that way for a long time but you are

11:20:06 right.

11:20:06 It is something that could be changed by any given mayor at

11:20:10 any time so you may want to revisit that.

11:20:13 >>CHARLIE MIRANDA: Mrs. Montelione.

11:20:14 >>LISA MONTELIONE: In my mind, it may work the same as the

11:20:20 other appointments that council does.

11:20:22 I mean, we have each, except for chair Miranda, committees

11:20:27 that we sit on.

11:20:28 So Mr. Suarez is Hart, we sit on MPO, we sit on many other

11:20:36 boards.

11:20:39 And we could put in the language that one of the

11:20:42 appointments to that board is a City Council member just

11:20:48 like we have with the other boards, although I think that's

11:20:53 their of rules that provides for City Council

11:20:58 representation.

11:20:59 But I think since we are rewriting, or revisiting the

11:21:02 language, could we not incorporate in that language that one

11:21:07 appointment is a City Council member, and then, you know, of

11:21:11 what you are asking for, three by the mayor, three by City

11:21:16 Council, of citizens, and have one City Council member seat

11:21:21 on that board?

11:21:28 >> Well, I have wanted to discuss that issue with council.

11:21:31 I had some concern over the idea of having a City Council

11:21:36 member than on a board with other appointments from City

11:21:39 Council.

11:21:42 I would want to look at that a little further.

11:21:44 And that's why I raise the issue up front.

11:21:48 Right now, the way that board has traditionally, public arts

11:21:51 committee has traditionally been appointed, as a mayoral

11:21:54 appointment, there has been a member of City Council who has

11:21:57 been appointed.

11:21:59 What I'm saying is because of that, the way that it's

11:22:02 operated, if we change that, and we make City Council

11:22:05 appointments as part of that board, I would not recommend

11:22:08 that you continue to have a City Council member sitting

11:22:10 there.

11:22:10 But I can't sit here and give you a reasoned analysis as to

11:22:18 a legal problem with it, but there could be some conflict

11:22:21 problems.

11:22:21 >>LISA MONTELIONE: And my only goal was so that the board

11:22:25 was not all mayoral appointments.

11:22:28 So that, you know, the council had individuals who were

11:22:33 appointed that may reflect, you know, the varying values

11:22:39 that we have rather than have all of the people who sit on

11:22:43 the board be reflective of the mayor's administration.

11:22:52 And it's not just this mayor.

11:22:53 When we make these changes, we are looking, you know, ad

11:22:56 infinitum so this may be in place for 50 years or whenever

11:23:01 the next council changes it.

11:23:03 >> At council's pleasure, I be happy to bring back some

11:23:06 amendment language for further discussion.

11:23:09 >>CHARLIE MIRANDA: Let us decide that, and maybe we'll be

11:23:10 here 50 years the way this one is going.

11:23:12 Mrs. Mulhern.

11:23:15 >>CHAIRMAN: I would like to wrap this up because I think you

11:23:17 just said what I asked if you said a couple questions ago,

11:23:20 is that for the public arts board, if we are going to change

11:23:26 the appointment, the way to do it would be just to switch

11:23:30 the one appointment that the mayor makes as a council member

11:23:33 to an point by a chair of the council member. So maybe we

11:23:39 could go ahead and do that if people on council like that.

11:23:46 >>CHARLIE MIRANDA: Well, what --

11:23:48 >>MARY MULHERN: The point is that the mayor has all the

11:23:50 other appointees to that board, correct?

11:23:54 >>LISA MONTELIONE: And that's what I am trying to change.

11:23:56 >> But she made the point which makes sense that we probably

11:24:00 don't want to have more than one council person on that

11:24:02 board.

11:24:04 >>CHARLIE MIRANDA: If I recall what Julia said, she doesn't

11:24:08 want an appointee from a council and then a council member

11:24:11 on the board at the same time.

11:24:12 >>MARY MULHERN: Right.

11:24:13 That's what I said, too.

11:24:16 >>CHARLIE MIRANDA: We are not ready to discuss this today,

11:24:18 let's put it for another date, a