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Thursday, June 6, 2013

9:00 a.m. session


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09:01:56 [Sounding gavel]

09:07:06 >>CHARLIE MIRANDA: City Council is called to order.

09:07:07 Chair yields to Mr. Harry Cohen.

09:07:09 >> Thank you, Mr. Chair.

09:07:10 The Reverend Essie Simms, Jr., is with us from Telling the

09:07:16 Truth Ministry, the chairman of the East Tampa partnership.

09:07:19 Please join us for the invocation and pledge of allegiance.

09:07:22 >> Gracious heavenly father, Lord God, we come humbly before

09:07:28 your presence, father, thank thanking you for a blessed day.

09:07:33 We ask you God that you would protect those men and women

09:07:37 serving you, that you would put your hand upon them and

09:07:39 protect them as they go about their duties this day.

09:07:42 Father, we thank you for our mayor, the great mayor of our

09:07:45 city.

09:07:46 We ask that you continue to empower him with your wisdom.

09:07:50 But most important we ask you now that you would, Lord, give

09:07:54 this council your wisdom, understanding and knowledge that

09:07:56 as they deliberate, Lord God, the issues that affect this

09:07:58 city as a whole, the residents of this city, that at the end

09:08:03 of the day everything we have done be done to your glory.

09:08:06 Father, we thank you in the magnificent name of your son

09:08:09 Jesus we pray and ask these things.

09:08:11 Amen.

09:08:12 (Pledge of Allegiance)

09:08:22 >> Roll call.

09:08:28 >>MIKE SUAREZ: Here.

09:08:33 >>FRANK REDDICK: Here.

09:08:36 >>HARRY COHEN: Here.

09:08:40 >>CHARLIE MIRANDA: Here.

09:08:42 Okay.

09:08:52 Adoption.

09:08:52 Minutes for the regular meeting of May 16th.

09:08:54 >> So moved.

09:08:56 >> Motion by Mr. Suarez, second by Mr. Cohen.

09:08:58 All in favor?

09:08:59 Opposed?

09:08:59 The ayes have it unanimously.

09:09:01 We go to item number 1.

09:09:03 The presentation on the budget award by Mr. Harry Cohen.

09:09:08 >>HARRY COHEN: Thank you, Mr. Chair.

09:09:11 >>MIKE SUAREZ: We could approve the addenda to the agenda

09:09:17 first.

09:09:18 >>CHARLIE MIRANDA: In a problem.

09:09:18 We'll move on the a denied um on the today's meeting.

09:09:24 >>MIKE SUAREZ: I move the addenda to the agenda.

09:09:27 >> Second by Mr. Reddick.

09:09:29 All in favor of the motion?

09:09:30 Opposed?

09:09:30 The ayes have it unanimously.

09:09:32 And let me apologize to the staff.

09:09:34 I know that Mr. Suarez has requested the University of

09:09:36 Tampa, the great university of Tampa baseball team led by

09:09:40 Mr. Urso and I am going skip the city for one second if I

09:09:44 may and let Mr. Suarez introduce the good folks from the

09:09:47 University of Tampa who one numerous titles in baseball.

09:09:50 >> Thank you, chair.

09:10:01 And I want to thank the city staff for indulging us for a

09:10:04 few moments.

09:10:04 This is the a last-minute addition to the agenda primarily

09:10:07 because we wanted to make sure the folks from the baseball

09:10:10 team were able to make it.

09:10:13 If you could bring your team up here behind us, behind me.

09:10:19 You have got to come up here, because now what?

09:10:22 They aren't going to see you over there and chances are they

09:10:24 are going to have to go wide out to get the big tall guys in

09:10:27 there.

09:10:27 It's with great pleasure that I presents the 2013 NCAA

09:10:32 division 2 national baseball champions, university of Tampa.

09:10:36 We only have one university of Tampa graduate up there, and

09:10:40 that is Mr. Miranda.

09:10:42 We only have one so-called baseball player, but I am not

09:10:47 going to name who that is.

09:10:49 Mr. Miranda thinks it's him. Anyway -- [ Laughter ] I would

09:10:54 like to present to these guys as our new champions at the

09:10:58 University of Tampa, we here at City Council celebrate this

09:11:02 ordinance for their win in North Carolina.

09:11:05 They beat Minnesota state.

09:11:07 Now, Minnesota state, as Mr. Jim lease will tell you, is not

09:11:16 in Minnesota.

09:11:18 Oh, they are from -- I apologize.

09:11:21 I thought they were not from Minnesota.

09:11:22 I thought they were like Indiana university of Pennsylvania.

09:11:25 Anyway, the 2013 university of Tampa baseball team finished

09:11:29 with an overall record of 47 and 12.

09:11:32 They won the program's sixth national championship 3-2 on

09:11:38 the title game.

09:11:38 The Spartans had two all Americans along with the sunshine

09:11:42 statement conference and south region pitcher of the year.

09:11:45 We are also proud to note that this is coach Joe Urso third

09:11:56 national champion in eight years, is that right?

09:12:00 Do you have one more than Prado did? Prado has a university

09:12:03 called south Florida which is my alma mater.

09:12:06 >>CHARLIE MIRANDA: Where is that at?

09:12:08 In Minnesota?

09:12:09 [ Laughter ]

09:12:09 >> I know the borders of the city only went to the river, so

09:12:19 it's now part of the city, Mr. Miranda. Anyway, it's my

09:12:23 pleasure representing City Council to presents you guys with

09:12:26 a commendation for their national championship.

09:12:29 Thank you, Mr. Urso for bringing them back again.

09:12:34 Thank you for the job that you do.

09:12:35 [ Applause ]

09:12:42 >> I would like to thank the entire City Council and

09:12:44 Councilman Suarez for inviting us out here.

09:12:46 A real special day for us.

09:12:48 Mr. Miranda watched me play ball since I was probably six

09:12:52 years old.

09:12:53 So he does have some knowledge in baseball.

09:12:55 And I appreciate you and all you have done for our city.

09:12:59 This group is special.

09:13:01 I know people look at the University of Tampa baseball

09:13:03 program and they think championships come easy, but they

09:13:09 don't.

09:13:10 And this group had to work a little harder than most groups.

09:13:13 This group wasn't loaded with a bunch of superstars.

09:13:16 It was a true team efforts.

09:13:18 And that's what is most special about this group, and will

09:13:21 go down as my favorite group that I have had in my 13 years

09:13:24 at the university.

09:13:25 They had the highest G.P.A. of any team I have ever had,

09:13:29 with a 3.15.

09:13:31 They represented our city well off the field.

09:13:35 They did a lot of community work throughout the fall and

09:13:39 just real proud of them.

09:13:41 And to bring home that sixth championship to the university

09:13:43 of Tampa, just proud.

09:13:46 Me and coach Militello were in charge of this group of fine

09:13:52 young men.

09:13:53 Thank you for helping us.

09:14:00 [ Applause ]

09:14:02 >>CHARLIE MIRANDA: Let me just say this, that although I

09:14:09 didn't go, helped put the team together, in 2011, the team

09:14:13 from Tampa went to play Cuba, and the shirts that they wore,

09:14:17 they didn't have any shirts.

09:14:18 We didn't have any money.

09:14:19 So the shirts that they wore said Tampa on it.

09:14:22 And they were given to us and loaned to us by the university

09:14:24 of Tampa.

09:14:25 So thank you all very much for reaching out to an old team.

09:14:30 Thank you very much.

09:14:32 [ Applause ]

09:14:33 Just for the record, I have a memorandum from council member

09:14:52 Mary Mulhern.

09:14:54 I regret I will be unable to attend the session today.

09:14:56 Need to receive and file.

09:14:58 Motion by plaintiff Reddick, second by Mr. Cohen.

09:15:00 All in favor of the motion?

09:15:01 Opposed?

09:15:02 The ayes have it unanimously.

09:15:06 Okay, I'm sorry, Ms. Little, item number one.

09:15:12 >>SONYA LITTLE: Good morning and congratulations to the

09:15:16 team.

09:15:16 That's awesome news for us.

09:15:18 Thank you for allowing me the opportunity this morning to

09:15:20 share some additional good news for you, and that is as it

09:15:25 relates to the city's receipt of the government finance

09:15:31 offices association of the United States and Canada, the

09:15:35 certificate of recognition for budget preparation.

09:15:39 Each year, we apply for this award, and we go under a great

09:15:43 deal as it relates to receipt of the award and this is for

09:15:49 our prior fiscal year, but a panel of independent reviewers

09:15:57 from throughout the country review our actual budget book

09:16:00 and grade us on four aspects, and the four aspects that we

09:16:03 were grade on were policy documents, whether or not it is

09:16:11 purely defined as a policy document, the overall financial

09:16:15 plan, and whether or not the document serves as an

09:16:18 operations guide and any effective communications device.

09:16:24 In addition to those four, the committee grades us on 13

09:16:28 mandatory criteria.

09:16:29 And in the budget world for government, this is certainly a

09:16:33 high honor, and it's a significant achievement for the City

09:16:36 of Tampa, but we could not have received this award had it

09:16:40 not been for our dynamic group of the city's budget

09:16:43 department.

09:16:44 And I will ask them to stand, if I could.

09:16:48 And I would like to personally thank each one of them for

09:16:54 all of the hard work that they have done.

09:16:58 Countless hours, long hours, working with our department,

09:17:01 who were also very vital and critical in actually completing

09:17:05 the budget.

09:17:06 Each one of these folks -- and we have a few people that are

09:17:09 absent -- but each one of these folks play a very critical

09:17:12 role in delivering this document.

09:17:15 They a sure that we are, number one in, compliance, and

09:17:20 number two, that we are being transparent and all of our

09:17:23 financial data is made available.

09:17:26 But I won't say this is bittersweet because it's in no way

09:17:30 bitter.

09:17:31 I would ask Mr. Rogero to step up.

09:17:35 This as you all know is likely his last hoorah in his former

09:17:42 capacity.

09:17:42 And I would like to recognize particularly Mr. Rogero

09:17:46 because he has done a very, very important thing.

09:17:49 He has developed a team, this very, very experienced team.

09:17:54 He has been an effective leader, a great leader, and over

09:17:59 the last several weeks he's been extremely gracious with his

09:18:03 time.

09:18:06 >>CHARLIE MIRANDA: Please close the door.

09:18:07 I'm sorry.

09:18:08 >>SONYA LITTLE: Thank you.

09:18:10 Thank you.

09:18:10 He's been extremely gracious in wearing two hats as he

09:18:14 transitions into his new role.

09:18:16 So for that we are eternally grateful.

09:18:20 I would like to, though, present the award to Mr. Rogero and

09:18:28 the entire budget group, because without them, our city

09:18:32 would not really be able to deliver the high quality of a

09:18:37 budget document that we do.

09:18:39 And just real quickly, if you will just raise your hand.

09:18:43 Mr. Mike Perry and Peggy Curtain are our budget managers.

09:18:48 We have our supervisors, Mr. Jim Colerra, Ty Hawthorne, Amy

09:18:51 Murphy, Andy Wakeman, and absent are David Benson, Jennifer

09:18:55 Sepp, but also in the room -- raise your hands -- Stephani

09:19:00 Stanton, Cy Tran, Kevin Wagner, Ray Herbert, David Wright,

09:19:06 Antonio Hardaman, Tiffany Hill, Sarah Capps is our intern

09:19:15 and we are glad to have her with us today, and last but not

09:19:18 least our administrative assistant, Cindy Caselli. ^

09:19:25 She keeps us in line and is willing to smile as we dump

09:19:28 things on and she's a very critical part of our team.

09:19:31 So every one of them are extremely important to what we do

09:19:33 and I would like to personally thank them, because of them

09:19:36 we are in the position that we are in.

09:19:38 [ Applause ]

09:19:46 >>CHARLIE MIRANDA: Mr. Cohen.

09:19:46 >>HARRY COHEN: Thank you all very much on all of our

09:19:49 behalf.

09:19:50 We appreciate your hard work every day.

09:19:52 And we know that when we are working with the substance and

09:19:57 the numbers and the difficult spending priority decisions

09:20:00 that have to be made, we have great confidence in all of

09:20:04 your work to get the job done.

09:20:06 And again we thank you very much.

09:20:07 >>SONYA LITTLE: Thank you.

09:20:14 >>CHARLIE MIRANDA: We are honored that you are here.

09:20:16 We are honored about the award.

09:20:19 Feel safe and comfortable that everything is going very

09:20:22 well.

09:20:23 And now we go to item number 2.

09:20:25 See how well we are doing.

09:20:27 >>SONYA LITTLE: Thank you, Mr. Chairman.

09:20:31 And council members for allowing me to come before you with

09:20:35 the first of two of our budget workshops.

09:20:40 The intent of this budget workshop today is to take you from

09:20:45 where we started for the fiscal year that began October 1,

09:20:49 2013.

09:20:51 We have had several months in which we have been able to

09:20:54 record and report actual revenues and expenditures, and

09:20:57 based on those actual revenues and expenditures, we are in

09:21:01 some cases adopting our projections to give a better picture

09:21:07 of whereof we believe we'll end the fiscal year, so a large

09:21:10 portion of what I'll present today is to make everybody

09:21:13 aware of what our current financial position is, and then

09:21:18 give you a snapshot of where we are headed into the new

09:21:20 fiscal year.

09:21:22 If I could request our budget presentation be brought up on

09:21:25 the screen, please.

09:21:26 >> Through our budget calendar, we are in the first of two

09:21:35 workshops today, as a part of this agenda item.

09:21:39 We will request your consideration for adoption that we are

09:21:45 approved to come back to you for second workshop in the

09:21:48 mayor's presentation.

09:21:49 The second workshop tentatively being scheduled for June

09:21:53 27th with the mayor's budget presentation tentatively

09:21:58 scheduled for July 25th.

09:22:00 We have not proposed any dates for the two public hearings

09:22:03 that are required for adoption of the budget because we have

09:22:06 to wait for the school district and the county to set their

09:22:09 dates.

09:22:09 They take priority under Florida statutes so we'll keep you

09:22:13 posted as soon as we know the options available to us for

09:22:16 those dates.

09:22:22 Again I mentioned the overview will be largely as it relates

09:22:28 to our currents financial position today.

09:22:34 At the second workshop we will give you more information on

09:22:36 fiscal year 14.

09:22:38 But today we'll cover financial data as it relates to our

09:22:41 general fund and utility tax funds and each one of our

09:22:46 enterprise funds and also snapshot of the current position

09:22:49 with the city's outstanding debt.

09:22:54 The overall economic outlook seems to be somewhat positive,

09:23:01 and you will see the effect of some of the slow to moderate

09:23:06 growth that we have been expecting as we take a look at some

09:23:08 of our revenue trends.

09:23:10 For the Tampa MSA area, the Tampa, St. Pete, Clearwater MSA

09:23:15 area, our population growth will average 1.47% per year.

09:23:20 That's in comparison to the state at 1.5%.

09:23:25 Personal income is expected to grow roughly 4.7% annually,

09:23:30 and I would also like to compare that to Florida which we

09:23:34 are trending slightly -- that's not unusual, the national

09:23:41 average about 5.2%.

09:23:43 The average weight for the Tampa MSA area is 2.5%.

09:23:49 Our unemployment rate, however, is trending slightly better

09:23:52 than what you see in Florida.

09:23:55 The Tampa MSA unemployment rate is 6.9% whereas Florida is

09:24:00 expected to be in the neighborhood of 7% with the national

09:24:03 average at 7.2%.

09:24:10 Just a quick snapshot to remind you of where we started for

09:24:13 the fiscal year 2013 budget.

09:24:16 We have an overall budget of $804 million city-wide and it

09:24:22 includes our general fund, U tax, debt service fund and

09:24:30 enterprise fund.

09:24:31 You can see by the pie chart shown on the screen that the

09:24:32 large blue area is largely comprised of our general fund.

09:24:42 Throughout the year since October 1, when the budget was

09:24:45 adopted, we come before you with financial resolutions to

09:24:49 amend the budget.

09:24:51 There could be cost differences in some of the products that

09:24:54 we purchased or some of the contracts that we enter into.

09:24:57 So throughout the year, our budget is amended.

09:25:00 And what I would like to provide you with here on this slide

09:25:02 is a snapshot of where our amended budget is for revenues

09:25:07 and expenses, and based on our trends today how we are

09:25:12 projecting to end the fiscal year.

09:25:16 We did pick up and improve in some areas as far as our

09:25:20 projections -- and we'll get into that.

09:25:23 I have some charts and graphs to show to you.

09:25:25 But overall some of our revenues increased.

09:25:28 Some of them decreased as far as our projections compared to

09:25:31 our amended budget.

09:25:33 But strikingly, the expenses, our amended budget, between

09:25:39 our amended budget and our projected budget has declined

09:25:42 significantly, roughly $7 million, and that's a huge

09:25:46 decline.

09:25:48 And it's largely due to savings related to our personnel

09:25:52 costs.

09:25:52 There were a significant amount of employees who retired

09:25:56 this fiscal year and obviously having served the city for a

09:25:59 number of years.

09:26:01 They were more than likely at the highest side of our pay

09:26:05 scale.

09:26:06 Those employees have retired, but current market warrants

09:26:12 when bringing in new employees that we bring them in at

09:26:14 somewhat a lower pay scale, but there's also some lag that's

09:26:19 also involved.

09:26:20 Our departments are doing a great job as far as whenever a

09:26:25 person leaves through natural attrition or retirement, they

09:26:29 do analysis to determine what the critical needs are so

09:26:34 orphan there's time when we benefit from cost savings as it

09:26:37 relates to the lag involved.

09:26:39 This is a slide that's near and dear to my heart, probably

09:26:46 near and dear to everybody's heart, because it speaks to be

09:26:49 the financial liability of the city, even through the rough

09:26:52 times that we have been experiencing for the last several

09:26:56 years.

09:26:56 We have been able to maintain a healthy fund balance.

09:26:59 You will all recall that our policy is 20% of expenditures,

09:27:03 and for fiscal year 2012, we ended at 29%, and we are

09:27:11 projecting that we will be in the neighborhood of 29%.

09:27:14 That projection figure obviously we'll adjust slightly for

09:27:17 all of our projections as we continue to book additional

09:27:22 revenues and expenditures, the actuals.

09:27:25 Now, tearing down from the overall budget of 804 million to

09:27:32 the general fund revenues of 304 million, this is a snapshot

09:27:36 again of fiscal year 2013 where our property taxes comprise

09:27:41 over 38% of our general fund revenues with other items such

09:27:47 as occupational license, taxes, TECO fees, sales taxes, and

09:27:53 other funds, comprising the total general fund revenue.

09:28:01 This table takes us from where we were with our amended

09:28:06 budget, and it gives you a snapshot of actual revenues

09:28:10 collected in each one of those categories from October to

09:28:14 March.

09:28:16 And then it shows you a separate column for where we take

09:28:19 our actuals and then project on through the balance of the

09:28:22 year through September 30 for each line item.

09:28:26 And this is just a snapshot of each one of our revenues.

09:28:30 And as I mentioned before, some of the revenues we are

09:28:33 projecting to come out a little better than our amended

09:28:36 budget.

09:28:36 Some are slightly below our amended budget.

09:28:38 But the bottom line is that when we compare where we believe

09:28:41 we'll end with these major revenues where our amended budget

09:28:45 is, we are roughly in the neighborhood of about $470,000

09:28:51 less than what's been amended budget reflects.

09:28:59 Property taxes and we have some good news and I'm delighted

09:29:02 to say that after a couple of cycles that for fiscal year

09:29:09 2014, we have just received our estimated property values

09:29:13 for the city, and where in prior years we have had a

09:29:18 decline.

09:29:18 We were very excited that the decline of a prior year, it

09:29:22 was getting smaller, but nevertheless it was still a

09:29:25 decline.

09:29:25 So this is the first time in the last four to five years

09:29:29 that we are able to say that we have an increase.

09:29:31 When we first started out, closed the books for 2013 and

09:29:35 started projecting early on for fiscal year 2014, we were

09:29:39 projecting a 1.7% increase in property tax values over the

09:29:44 prior year, and then based on both the county and the state

09:29:48 adjusted projections, we increased it to 3%, and now we have

09:29:52 an official notice from the Hillsborough County property

09:29:55 appraiser that our estimated property value increased 6.4%

09:30:02 over the prior year.

09:30:03 And what that equates to is revenue generated at the 95%

09:30:07 that we are able to actually use for operations and

09:30:10 projects.

09:30:11 Just over 122 million.

09:30:19 This slide, I wanted to give you a historical snapshot

09:30:25 whereof we have come from, although we have made some

09:30:27 improvements and we are all excited to see that we are not a

09:30:31 negative over the prior year but 6.4% is very exciting, but

09:30:36 we still have to remember where we have come from.

09:30:39 And when you compare the $122 million that we were forecast

09:30:43 to receive for fiscal year 2014, we are still over $41

09:30:48 million less than where we were back in 2008.

09:30:56 These slides that are coming up, this one in particular

09:31:03 shows the historical trend of property tax revenue

09:31:06 collections, and the green do it that you see is where we

09:31:14 are in our amended budget so we have slightly increased the

09:31:17 budget fiscal year 2013 from 115.2 to 115.7, and then we are

09:31:24 reflecting the 122 million that we --

09:31:30 >>YVONNE CAPIN: Ms. Little, when looking, we compared to

09:31:34 2008.

09:31:34 Is there -- the reason for 2008 is?

09:31:40 >>SONYA LITTLE: We picked 2008 because that was the last

09:31:43 year, the highest, at the height, and that's when 2009 was

09:31:47 when we started the decline.

09:31:49 So we wanted to show in 2008 the consecutive annual decline

09:31:54 in our property tax revenue.

09:31:56 >>YVONNE CAPIN: I understand.

09:31:58 Although 2008 would be when properties -- when we were going

09:32:06 through the bubble.

09:32:07 So I wonder about the tax revenue, because this is property

09:32:15 tax on property that were inflated, and I hope we don't get

09:32:20 to that.

09:32:21 I'm just wondering, you know, we are comparing to the

09:32:25 something that shouldn't have been in the first place, which

09:32:28 is the bubble that burst.

09:32:32 So I understand, you know, going to '8.

09:32:38 But to get to this point, would not be really good for us to

09:32:45 do very quickly or anytime very soon.

09:32:49 I just look at this number, and I know that the number was

09:32:55 inflated values because we were in the middle of a bubble or

09:32:58 at the -- that was being burst.

09:33:02 I just wondered why that was the comparison.

09:33:05 >>SONYA LITTLE: Well, the comparison is for historical

09:33:09 perspective.

09:33:10 And I think we all agree that those values were inflated,

09:33:15 for reasons that we all have been made aware of.

09:33:17 But the fact of the matter is that the city was operating in

09:33:22 2008 under a premise that we had certain levels of revenues

09:33:25 coming in and had made many adjustments and reductions to

09:33:30 adapt to that, and so I think moving forward it's certainly

09:33:34 a lesson learned for not just City of Tampa but nationally.

09:33:38 Municipalities as to how we value and rely on this data, and

09:33:46 increases in property taxes.

09:33:48 >> So basically for purposes, it's what we were operating

09:33:52 on, and what we don't have to operate on now.

09:33:56 >>SONYA LITTLE: That's correct.

09:33:58 Quite often, Councilwoman, questions come up about can't we

09:34:02 do more, our services? And we used to do this and used to

09:34:06 do that.

09:34:07 Quite frankly, we would love to but the funding is just not

09:34:10 there.

09:34:10 >>YVONNE CAPIN: Thank you.

09:34:12 And thank you.

09:34:16 >> Slide 13 provides the same type of data for other

09:34:32 revenues, other taxes would include tourist development

09:34:35 taxes, and a portion of our utility tax again to shown the

09:34:41 trend of how we are getting from our amended budget using

09:34:44 actuals through March and projecting for the balance of the

09:34:47 year.

09:34:53 Our TECO franchise fees, I mentioned some of our revenues,

09:34:58 our projections went up, some went down N.this case since

09:35:01 TECO franchise fee projections were going to decrease from

09:35:05 34.2 million to 33 million ---that's the red dot that you

09:35:11 see there -- and that's primarily as an adjustment due to

09:35:13 the fact that we had a moderately mild winter this past

09:35:18 winter.

09:35:18 And so we have adjusted our fees accordingly.

09:35:22 Our sales tax revenues, a slight adjustment of what we were

09:35:28 projecting but again for taxing out for 2014 in the

09:35:33 neighborhood of 26.6 million and that's a revenue stream

09:35:36 that far we watch very closely to make sure that our

09:35:39 projections are adjusted accordingly to actual receipts,

09:35:45 projected trends.

09:35:53 For other of our major revenues, our utility tax revenues,

09:35:57 which is comprised of the TECO utility tax, our

09:36:01 communications services tax, Florida utility tax in

09:36:05 particular, I always point out our communications services

09:36:09 tax as being a revenue that we are certainly watching.

09:36:16 Historically collecting far greater than what we are today.

09:36:21 We expect that with improving technology that the trend is

09:36:26 that people are really headed towards the use of the

09:36:36 Internet more.

09:36:37 >>MIKE SUAREZ: Thank you.

09:36:40 You stopped right at the moment I was going to ask you a

09:36:42 question.

09:36:43 I'm not sure why that is and that's good because I think you

09:36:45 and I talked about this several times.

09:36:46 Who is monitoring the movement from, you know, reduction in

09:36:52 terms of that service tax?

09:36:55 Because obviously the trends have been going downward for

09:36:59 some time now, and these are based on -- I don't know if

09:37:04 many people in the audience know this -- based on land line

09:37:07 excise taxes, I.

09:37:09 I don't know if they call it excise tax but it's based on

09:37:12 the land line that we have, and so many people, especially

09:37:15 young people, don't have land lines.

09:37:16 They have their cell phones.

09:37:18 Has there been a look either through some of the

09:37:22 associations you are involved with, or I think the Florida

09:37:25 League of Cities has been looking at this pretty

09:37:26 significantly, because there's a lot of communities across

09:37:29 the state that are affected by this.

09:37:31 What are you hearing from some of those folks that are

09:37:33 monitoring what's happening with the legislature?

09:37:36 >>SONYA LITTLE: Yes, sir.

09:37:37 And that's exactly right.

09:37:39 Not only is there a change in use, moving from land lines to

09:37:45 cell phones and Internet usage, that would significantly

09:37:50 impact this tax, but there's also some recent pending

09:37:53 legislation that also will impact receipts of this tax as

09:37:56 well.

09:37:57 Florida League of Cities, you mentioned, and also Florida

09:38:00 association of counties, in partnership with cities and

09:38:03 counties throughout the state, are working very, very hard

09:38:07 to really pinpoint, it's kind of difficult to pinpoint, but

09:38:13 as a matter of fact here at the city we watch with, you

09:38:15 know -- we watch very carefully as these revenues come in

09:38:20 every month to determine the impact on our projections.

09:38:25 But there is also a task force that was established that's

09:38:30 including members from not just governmental entities, but

09:38:32 also from the private sector, to actually do a study on the

09:38:36 impact of changes in technology and already adopted and

09:38:40 proposed legislation, and that task force is working with

09:38:44 the Department of Labor and in communication with all our

09:38:48 state legislators to communicate the impact and to come up

09:38:53 with alternatives for local governments as it relates to

09:38:57 some type of replacement, because as you can see, this is a

09:39:01 huge component.

09:39:04 >>MIKE SUAREZ: Have they told you when there might be some

09:39:06 kind of analysis of what that impact is going to be going

09:39:11 forward?

09:39:11 Or do they have a timetable in which they are supposed to be

09:39:14 coming back with something?

09:39:17 >>SONYA LITTLE: The task force, I believe, has completed

09:39:19 their analysis and their report.

09:39:24 The state is taking a look at the report, and they are

09:39:29 still, the last I heard, evaluating some of the options that

09:39:33 have been put forth.

09:39:36 It's not a proposal, but just laying out various options as

09:39:39 to, number one, how to deal with the existing tax and the

09:39:45 options available to state and local government -- well, to

09:39:48 local government, and number two, alternative solutions.

09:39:51 So there is a very huge report out there, and there is a lot

09:39:54 of discussion and dialogue going on related to this

09:39:57 particular tax.

09:39:58 >>MIKE SUAREZ: Okay.

09:40:00 Thank you, chair.

09:40:14 >>SONYA LITTLE: Our TECO utility tax, we are pretty close

09:40:16 to where we are in the amended budget and then projecting

09:40:21 on, because TECO has sent out a notice that they are

09:40:24 increasing their rates that will positively impact the TECO

09:40:31 utility tax revenues received by the city, and that's

09:40:33 reflected in our forecast for fiscal year 2014.

09:40:38 And this is what we discussed just a moment ago, a

09:40:43 historical perspective of the communications services tax.

09:40:47 You will see for the budget year fiscal year 2013, we

09:40:51 adjusted down our projections of where we are going to end

09:40:55 the year.

09:40:56 We went downward an additional $1.3 million simply because

09:41:00 of housing revenues are coming in right now.

09:41:05 On the expenditure side for the general fund, our

09:41:11 expenditures are $347 million is what we budgeted for fiscal

09:41:17 year 2013.

09:41:19 Obviously, the largest portion of that, 62% or 214 million

09:41:24 of that is for the city's public safety, and the green part

09:41:30 you will see we allocate 12% of our budget to our parks and

09:41:36 rec department with 6% going to public works, 21% to

09:41:39 economic development, and our general government -- our

09:41:45 general government expenditure of 14% or 49 million.

09:41:51 >> Thank you, Mr. Chair.

09:41:53 Ms. Little, you and I and Dennis talked the other day about

09:41:58 our public works funds, and how I would think that we would

09:42:06 maybe want to supplement that budget this coming year in

09:42:11 light of, well, it's appropriate because of the tropical

09:42:16 storm that's approaching right now, but we have a lot of

09:42:20 severe flooding going on in the city.

09:42:22 And although we have been working with the UCAP program and

09:42:28 we have been going neighborhood by neighborhood, and

09:42:32 implementing upgrades to our stormwater system, there's

09:42:39 still a long way to go.

09:42:40 I know just in one neighborhood, the university square,

09:42:44 Copeland park area of my district, there are a lot of

09:42:53 stormwater projects that need to be done, and some of that

09:42:56 includes even purchasing homes that we cannot remediate

09:43:03 flooding for these property owners.

09:43:06 We have got ponds that need to be addressed, and

09:43:11 infrastructure, additional lines that need to go in.

09:43:14 So with only 6% of the total budget, I'm not sure how much

09:43:20 of that can be accomplished.

09:43:22 I mean, I have talked to storm, what you and there's one

09:43:26 project, it's not slated, it's not contemplated, but I was

09:43:31 told that to alleviate some of the flooding to do another

09:43:36 stormwater pond, and the pumping station and everything that

09:43:40 would be associated with it is another 16 million.

09:43:45 So it's not something we can go out and do tomorrow.

09:43:48 But something we can plan for.

09:43:51 So that's one area that, you know, they have got a small

09:43:58 slice of that pie.

09:43:59 And we have got a lot of needs.

09:44:00 >>SONYA LITTLE: Absolutely.

09:44:03 Absolutely.

09:44:03 And along those lines, Councilwoman, as we continue with the

09:44:08 budget process for '14, in determining what our necessities

09:44:16 are first as far as keeping the lights on and paying our

09:44:22 employees and so forth, then we are -- once we get that side

09:44:28 figured out, then determine the additional funding and we

09:44:31 move into our capital improvement plan, and I understand

09:44:34 that all of the partners including our stormwater department

09:44:38 are coming up with a priority of lists which clearly

09:44:42 identifies the priority, the needs in our community.

09:44:48 So as our funding, available funding increases, then we see

09:44:54 over the years that we will be able to accommodate

09:44:56 additional projects.

09:45:01 Under the general fund expenditure category, we have talked

09:45:14 a bit about our personnel, decreases projected to where we

09:45:22 are projecting but the bottom line is roughly $7.1 million

09:45:26 decrease in the expenditures that we were budgeting for, for

09:45:34 our general fund expenditures.

09:45:41 This is the picture graphic of our personnel costs that we

09:45:46 have been talking about.

09:45:48 And another large expense as it relates to our general fund

09:45:56 expenditures are for our two pension funds.

09:45:59 We are fairly close to where we budgeted.

09:46:02 We were able to decrease slightly just about $807,000,

09:46:06 decrease our projections for fiscal year 2013, and that was

09:46:11 due primarily to some changes in our actuarial assumptions

09:46:15 provided by our actuarial accountant, and the lower payroll

09:46:19 costs that we talked about.

09:46:26 Fire and police.

09:46:30 Very close to where we budgeted.

09:46:33 We are now projecting 6.9 to end the fiscal year.

09:46:36 16.9 to end the fiscal year 13.

09:46:41 And forecasting at $17.2 million contributions to the F and

09:46:48 P pension fund.

09:46:50 Still continuing on with our expenditure, we just talked

09:46:54 about our general fund expenditures, but also U-tax.

09:47:00 We have given you line items for the major categories.

09:47:06 Capital transfer from the U-tax fund, we are still on target

09:47:10 for what was originally budgeted, or for our amended budget

09:47:13 of 7.350 million, and then Councilwoman, this is part of the

09:47:19 process for the CI P discussion, as all of our capital

09:47:23 projects.

09:47:24 But right now, we are projecting that the expenditures will

09:47:29 be just under $800,000 less than what our amended budget

09:47:37 reflected.

09:47:40 And that takes us to the estimated shortfall for 2014.

09:47:48 I mentioned earlier on that when we started out and closed

09:47:51 the books on fiscal year 13, we immediately started

09:47:55 planning, gear up for the '14 fiscal year, and when we first

09:47:59 came out of the gate our projections were in the

09:48:02 neighborhood of 23, almost $24 million budget shortfall.

09:48:05 We then adjusted to roughly $20 million budget shortfall,

09:48:09 and now with the good news that we received as it relates to

09:48:13 an increase in our property valuation, we are in the

09:48:16 neighborhood where we project that we will be about $12

09:48:19 million budget shortfall for fiscal year 2012.

09:48:23 So even though we do, are anticipating another budget

09:48:27 shortfall, we can clearly see that that shortfall is getting

09:48:30 less and less, and much like property taxes, we are looking

09:48:34 forward to the time where we are on the positive side.

09:48:39 >> Mr. Cohen.

09:48:40 >>HARRY COHEN: The shortfall obviously has a direct

09:48:45 correlation to what we will be required to draw perhaps

09:48:50 against reserves, if that's the direction that we decide to

09:48:53 go.

09:48:54 Last year we were faced with that question, but over the

09:48:58 course of the year, as the numbers suggest to themselves,

09:49:02 it's looking differently than it was at the beginning of the

09:49:07 year.

09:49:07 And just for some perspective of last year what did we think

09:49:12 we were going to take out of reserve and what do you think

09:49:15 is going to come out now that the year is three quarters of

09:49:17 the way through?

09:49:18 >>SONYA LITTLE: At the budget presentation for '13, we

09:49:22 indicated that wean thought that we would have to take 8.7

09:49:25 million to balance the budget, after taking several

09:49:29 initiatives on the operations side, including limb night

09:49:34 unneeded vacancys.

09:49:36 We believe we are going to come in slightly less than 8.7%,

09:49:41 which is a good thing.

09:49:42 We are still working on the numbers and watching them very

09:49:44 closely because I mentioned the revenue side is still going

09:49:47 up and down from month to month.

09:49:49 But we believe that we will be less than the $8.7 million,

09:49:55 and that we might be closer to the 6 million, maybe less,

09:50:00 but we'll keep you posted on where we project as we get

09:50:04 closer to the end of the fiscal year for that.

09:50:07 >>HARRY COHEN: And just to follow up, because we are

09:50:10 leaving this section to talk about the enterprise fund, the

09:50:14 chart that you showed us earlier showed the fund balance

09:50:18 being at about 29% of expenditures projected for the end of

09:50:23 this year, and the same for the end of '12.

09:50:28 So, you know, it's fair to say that as we have been moving

09:50:33 along, we have been able to maintain at a pretty consistent

09:50:37 level between about 29 and 307% for the last couple of

09:50:41 years, even though we have had a few drawdowns at the same

09:50:45 time?

09:50:46 >>SONYA LITTLE: Yes, sir.

09:50:48 That's correct.

09:50:48 >>HARRY COHEN: Thank you.

09:50:49 >>CHARLIE MIRANDA: Mr. Reddick?

09:50:51 >>FRANK REDDICK: Thank you, Mr. Chair.

09:50:52 What is our current reserve balance?

09:50:55 >>SONYA LITTLE: Currently, we are currently at about $108

09:51:00 million is where we are projecting that we'll finish out

09:51:04 that fiscal year.

09:51:05 And that puts us at roughly at the 29%.

09:51:10 And that figure is going to adjust slightly. We don't

09:51:12 anticipate any major adjustments as we finish out fiscal

09:51:16 year 13.

09:51:18 >>FRANK REDDICK: Do we get that .01% interest?

09:51:25 >>SONYA LITTLE: Fortunately -- yeah, for the tax portion

09:51:28 you are exactly right.

09:51:29 But fortunately we do have in our portfolio some older

09:51:32 securities that have been on the books a little bit longer

09:51:34 so they are in the neighborhood of 4 and 5%.

09:51:36 But, you know, eventually those securities will mature and

09:51:40 drop off, and it will decrease and compression overall

09:51:43 interest rate.

09:51:44 But fortunately you have a mixture of securities and

09:51:49 treasuries in particular.

09:51:57 That wraps up the information for our general fund side.

09:52:04 And again, as we move forward working with our department,

09:52:09 who have submitted operation reduction scenarios for

09:52:14 consideration, they are also in the process of completing

09:52:18 their proposed capital plans as well.

09:52:22 The good thing about it is that, you know, we have been able

09:52:25 to be decrease our overall operating expenditures but we

09:52:28 have to be mindful that to continue on providing the same

09:52:31 level of services that, you know, we have to look very

09:52:35 closely at what the proposed reductions are.

09:52:38 In addition to that, we have departments who on the capital

09:52:42 side have, because whereof we were in our significant budget

09:52:49 shortfall, had to maybe delay projects.

09:52:52 Now we are at a point where some of our departments are

09:52:54 actually submitting pretty clear position where is we may

09:52:59 not be able to delay any longer.

09:53:01 So as we continue to receive that information, we will keep

09:53:05 you posted, and it's our goal in our next workshop tomp

09:53:08 provide with you more information on the capital side as

09:53:10 well.

09:53:14 Moving into our enter fries fund, parking, solid waste,

09:53:22 wastewater and water, these slides should move fairly

09:53:26 quickly, but certainly wanted to share with you for fiscal

09:53:31 13, amended budget versus our projection, and the bottom

09:53:38 line is that our revenues are coming in.

09:53:41 There was a slight decrease from what we projected, and

09:53:47 largely due to the NHL lockout, something that we had not

09:53:50 anticipated at the time we did the budget but did it

09:53:52 obviously impact the revenue for the parking system.

09:53:55 On the expenditure side, the parking system is doing a great

09:53:59 job trying to maintain and lower the operating costs.

09:54:03 And we have been talking about the general fund

09:54:07 contribution.

09:54:08 And you will recall last year, we actually restructured

09:54:12 certain of the parking systems, parking debt to relieve the

09:54:18 tax flow burden and I have some information on additional

09:54:20 slides that I would like to be show you.

09:54:22 The results of that, existing debt service was where we were

09:54:31 having to pay $6 million per year for the parking-related

09:54:35 debt.

09:54:36 And on the opposite side, we restructured that, if you will

09:54:40 recall, back in December of 2012.

09:54:43 We actually restructured the debt, and actually extended the

09:54:47 maturity to match more closely with the useful life of the

09:54:50 asset.

09:54:52 The debt that we refunded had interest rates ranging from

09:54:57 3.9% to 5.2%.

09:55:00 The overall cost associated with the refunding bond, very

09:55:05 similar to refinancing your home, was 2.75%.

09:55:13 So the historical market load and interest rate environment

09:55:16 was really conducive to us restructuring the debt to better

09:55:22 manage the overall expenditures for the parking system.

09:55:26 >>CHARLIE MIRANDA: Mr. Suarez?

09:55:27 >>MIKE SUAREZ: Thank you, chair.

09:55:29 So if I am wreath reading this correctly, we reduced the

09:55:33 amount we had to pay per year over the last two years by

09:55:36 about 4.2 million or somewhere in that neighborhood?

09:55:38 You are going to be better at math than I am.

09:55:41 And that we had to increase our debt all the way to 2029

09:55:47 which had another eight years.

09:55:49 But over the course of -- I know over the last two years

09:55:53 it's 1.8.

09:55:54 That will go up as we go forward, though, correct?

09:55:57 It's not going to stay at 1.8 for a year, correct?

09:56:03 >>SONYA LITTLE: The subsidy?

09:56:04 No, sir.

09:56:04 Takes parking system, as the revenues increase, the ultimate

09:56:08 goal moving forward is to get them so that they can cover

09:56:11 all of their operating expenditures and the debt service on

09:56:15 their parking-related debt.

09:56:17 >>MIKE SUAREZ: Because right now the amount from the agenda

09:56:20 fund, what's the amount on that?

09:56:23 >>SONYA LITTLE: 1.7 million.

09:56:25 It would have been $6 million, in excess of 6 million.

09:56:28 >>MIKE SUAREZ: That's my point, that we have reduced from

09:56:31 the general fund the 4.2 number from our general fund just

09:56:35 by doing this restructure.

09:56:36 >>SONYA LITTLE: Absolutely.

09:56:38 Yes, sir.

09:56:45 Our solid waste department, we originally anticipated that

09:57:00 we would draw on the department fund balance $1.5 million.

09:57:06 This is not on the agenda fund but on the solid waste fund

09:57:10 balance, $1.5 million.

09:57:13 But we have projected that the revenues will increase from

09:57:18 the 747.2 to the 80.1.

09:57:21 We also adjusted upwards their expenditures because of

09:57:26 vehicle repairs and replacement, but bottom line instead of

09:57:31 a decrease of 1.5 million with the revenues that are coming

09:57:35 in within the department, we believe that we will be able to

09:57:40 increase their fund balance by $2.8 million.

09:57:43 And this is pretty critical, because you will recall that

09:57:46 they were on the verge of zero fund balance, only about a

09:57:50 year ago.

09:57:59 Wastewater fund, we originally anticipated a $7.2 million

09:58:05 decrease to the wastewater fund balance.

09:58:09 However, with increases in the revenues and decreases in

09:58:12 their operating expenditures, we are anticipating that their

09:58:16 fund balance will increase $3.4 million over the prior year.

09:58:25 For the projections, I'm sorry.

09:58:30 And the same with -- very similar with the water fund.

09:58:33 Instead of the $200,000 increase, we have now increased it

09:58:39 to over 12 million.

09:58:41 You can see the significant increase in the revenues, and

09:58:44 then corresponding decline in their expenditures.

09:58:52 We put together this slide to give you an overall snapshot

09:58:57 of all of the city's outstanding long-term debt.

09:59:02 You are familiar with our utilities tax revenue bond

09:59:04 program.

09:59:05 But we also have outstanding sales tax revenue bonds,

09:59:08 occupational license tax funds, guaranteed entitlement,

09:59:12 non-ad valorem, and then of course our solid waste and

09:59:16 water, water and wastewater bond.

09:59:19 Wanted to provide you with the total outstanding principal

09:59:25 on all of these bond programs, and in each category there

09:59:30 are several series much bonds but the bottom line is when

09:59:33 you put them all together and add them up the outstanding

09:59:36 principal for each one is reflected in the first column

09:59:41 there, outstanding principal.

09:59:44 Then the next column, the annual debt service, that's how

09:59:47 much we pay for all of those outstanding bonds by program on

09:59:50 an annual basis.

09:59:53 The final maturity reflects again some of the bonds mature,

09:59:59 some of the series mature more quickly than reflected, but

10:00:03 the final maturity reflected in this column is when the last

10:00:06 bond is paid off for that bond program.

10:00:09 And then also what's very important, from a credit

10:00:12 perspective is the final column which reflects the coverage.

10:00:18 And that's the --

10:00:22 >>LISA MONTELIONE: I want to thank you nor slide, because I

10:00:24 don't remember having it last year and I know we had a lot

10:00:27 of questions about what our debt coverage and debt service

10:00:30 was.

10:00:30 So good job.

10:00:31 >>SONYA LITTLE: Oh, good.

10:00:33 Thank you.

10:00:33 Thank you.

10:00:34 And along those lines, I think that final column really

10:00:39 showed how we are proceeding as it relates to our debt

10:00:43 programs, that we have significant coverage in each one of

10:00:46 our programs.

10:00:47 That means revenues greater than the amount of debt service

10:00:50 that we have to pay for on an annual basis.

10:01:01 And this is a graph that reflects on an annual basis our

10:01:05 outstanding principal.

10:01:06 The blue reflects our general government bonds.

10:01:08 And then the green on top gives you an idea of how and when,

10:01:16 what year the debt will be paid off by year.

10:01:28 That's something very important because it gives an

10:01:30 independent view of our financial condition and that's our

10:01:34 bond rating.

10:01:35 In particular I would like to highlight our G.O., implied

10:01:41 general obligation bond rating.

10:01:43 We do not have any outstanding bond.

10:01:46 But we are a city the size that we are the bond rating

10:01:50 agencies came in and they evaluated our overall funding --

10:01:54 financial condition.

10:01:55 For each of the three rating agencies, moody, Fitch and S&P,

10:02:00 AAA is the highest rating that any governmental entity can

10:02:03 receive.

10:02:05 Moody rated us a double-A one, one notch below a AAA.

10:02:12 Fitch is one notch below that, like a middle AA.

10:02:16 Again a very strong rating.

10:02:18 And then S&P is a AA-plus, again one notch below the highest

10:02:25 that you can get and believe you me we are trying very lard

10:02:27 to get an AAA from at least one of these agencies and I

10:02:31 think we are on the right track.

10:02:33 We receive calls all the time from analysts as these rating

10:02:39 agencies come for updates and we get nothing but positive

10:02:42 responses from them regarding our financial condition.

10:02:46 >>CHARLIE MIRANDA: Mr. Suarez?

10:02:47 >>MIKE SUAREZ: Quick question, Ms. Little.

10:02:48 In terms of the difference between a AA and an A, what does

10:02:54 that mean?

10:02:55 What does that translate in terms of how much we have to pay

10:02:58 for bonds?

10:03:01 Just from your experience.

10:03:02 I know you can't give me a specific.

10:03:04 >>SONYA LITTLE: And it does vary depending on market

10:03:07 conditions but generally weapon up go from anything in the A

10:03:09 category to a AA category, there is a wider spread meaning

10:03:14 would you pay more for your debt issued in an "A" category,

10:03:21 significantly more than the difference between an AA and

10:03:24 AAA.

10:03:24 That spread is slightly more narrow.

10:03:28 >>MIKE SUAREZ: I know you don't like to use numbers when

10:03:30 you don't have all the specific things but is it like a 5%

10:03:33 differential, 10%?

10:03:34 What's been your interns in your career?

10:03:36 >>SONYA LITTLE: And this has been some time ago and I two

10:03:39 of get you more current market conditions because honestly

10:03:42 the --

10:03:44 >>MIKE SUAREZ: I am not going to hold you to it even though

10:03:46 you are on television.

10:03:47 >>SONYA LITTLE: To put things in perspective as we were

10:03:52 looking at -- this has been over a year ago.

10:03:58 The differential between -- for our solid waste fund, we

10:04:04 were in the neighborhood of 20 to 30 basic points.

10:04:07 And when you are talking tons of millions of dollars, that

10:04:09 translates into tens of thousands of dollars in additional

10:04:13 interest costs.

10:04:15 >>MIKE SUAREZ: The reason I ask is because a lot of times

10:04:18 folks don't understand when we are dealing with the budget

10:04:21 cycle, the bonding part of it is such an important part of

10:04:26 it, because obviously we have got several enterprise funds,

10:04:30 utility, parking, so on.

10:04:32 And in addition, just the way that we keep our financial

10:04:36 house in order means so much more in terms of what we are

10:04:39 able to borrow, what the costs to borrow is going to be,

10:04:43 and, you know, how important that is to make sure we keep

10:04:47 maintaining a healthy fund balance as you mentioned before,

10:04:50 and in addition, you know, taking care of reducing expenses

10:04:54 and making sure that our revenues are as solid as they can

10:04:57 be.

10:04:59 I just want to point that out because a lot of times these

10:05:02 numbers and these letters from these houses don't really

10:05:04 mean a whole lot to people.

10:05:06 But it's a huge deal for us to be close to an AAA rating.

10:05:11 And I thank you for that.

10:05:13 >>SONYA LITTLE: Absolutely.

10:05:14 If I can use this as an example, refinancing a house is my

10:05:20 best comparison when we are talking about bonding.

10:05:23 If you go in with a credit rating of 400 versus 700 you can

10:05:27 expect that your rate on whatever you are a replying for

10:05:32 like a mortgage would be significantly higher if your credit

10:05:36 rating is 400 versus 700.

10:05:38 The same thing we experience as a municipal, that's why

10:05:41 these ratings are so critical, because if we are looking at

10:05:44 funding critical need projects, the lower our interest rate

10:05:50 is the better we can accommodate our capital needs.

10:06:00 And finally, just a quick recap, when we did our utilities

10:06:08 tax bond back in December of last year, Standard & Poor's

10:06:15 actually upgraded our bond and all three ratings affirmed us

10:06:23 as you saw on the prior page, but they all indicated the

10:06:27 financial conditions for the city would have a stable

10:06:29 outlook, a positive financial position, and we have strong

10:06:32 financial management.

10:06:32 .

10:06:44 And with that I would be happy to answer questions.

10:06:46 >>YVONNE CAPIN: I am going to go back to the fund balance

10:06:49 which is $108 million now.

10:06:50 Do you know what it was in 2010?

10:06:53 >>SONYA LITTLE: 2010, the balance was actually 142.7

10:07:03 million.

10:07:10 >>YVONNE CAPIN: Okay, that's $34 million difference, and we

10:07:16 are looking at 41 million shortfall between the taxes -- no,

10:07:24 wait, between 139 and 122 is $17 million difference between

10:07:36 the revenue property tax revenue, from 2010 to 2014, is $17

10:07:48 million difference, which is half of what we have.

10:07:58 So we used, from 2010 to 2013 -- I should use the 2013

10:08:09 numbers.

10:08:10 Wait, 2013 numbers here.

10:08:13 For 24 million.

10:08:14 Okay.

10:08:15 So 34 million in the reduction on our fund balance from 2010

10:08:21 to 2013 is 34 million rounded off.

10:08:26 And then our shortfall on the property tax from 2010 to 2013

10:08:34 is 24 million.

10:08:37 So we used 24 million to make up -- I'm trying to figure

10:08:47 out.

10:08:49 There's a $34 million difference between '10 and '13 and a

10:08:55 24 million difference between '10 and '13 on the property

10:09:01 tax revenue, the shortfall 24.

10:09:05 So if you take 24 from 34 that leaves 10 million.

10:09:09 So we used 24 million, 1, 2 and 3 years -- let's say four.

10:09:20 Yes, one, two, three.

10:09:21 And then we reduced.

10:09:23 So what we reduced is 10 million of our, you know, of our --

10:09:29 when we talk about -- we reduced employees and services,

10:09:37 that number would be 10 million, because we used 24 million

10:09:40 of that, of the general fund.

10:09:48 How much have we used?

10:09:49 >>SONYA LITTLE: If we could do it year by year, I believe

10:09:54 I'm answering your question, Councilwoman.

10:09:57 2010 was an increase over the prior year of 10 million.

10:10:03 And then in '11, we are down 15 million.

10:10:12 And then in '12 we are down 19 million.

10:10:17 And then in '13, we are roughly -- but that figure is still

10:10:25 being adjust.

10:10:26 We are not going to be at the 8 million that we budgeted.

10:10:28 A number lower than that.

10:10:30 >>YVONNE CAPIN: That's the good news.

10:10:33 >>SONYA LITTLE: That's the good news.

10:10:34 And along those lines, throughout the year, there are budget

10:10:37 amendments where, for instance, if a capital project comes

10:10:40 in higher than expected -- lower than expected, the

10:10:44 amendments that come before you to approve, so all of that

10:10:46 factors into our fund balance as well.

10:10:49 It's not just for the budget shortfall.

10:10:56 >>YVONNE CAPIN: So do we know how much we used, a total?

10:11:09 11, 12?

10:11:14 >>SONYA LITTLE: If you would allow us to get that

10:11:16 information, because it was adjusted, we ended up in each

10:11:19 year lower than what was budgeted.

10:11:21 So I want to get you the actual -- I can tell you for this

10:11:25 fiscal year that we expect it to be lower.

10:11:30 >>YVONNE CAPIN: Okay, so even though we did -- you know,

10:11:34 those amendments and things -- we used it, capital projects,

10:11:41 we used -- or were left $34 million.

10:11:45 So somewhere, it went somewhere.

10:11:50 Between 10 and 13, $34 million.

10:11:55 >>SONYA LITTLE: Right, and that is not -- if I could, that

10:12:01 is not just a dollar in/dollar out to fill a budget

10:12:08 operating deficit.

10:12:09 This is also reflective of additional costs that we may have

10:12:15 that would have to fund towards additional projects and so

10:12:18 forth.

10:12:19 Changing priorities, emergencies, unexpected emergencies

10:12:24 like weather events and so forth, increases in our public

10:12:29 works department, public safety.

10:12:32 So it's not just, I guess what I -- write think we are

10:12:38 headed with a dollar for dollar, we took that total amount

10:12:41 to fill a budget gap.

10:12:50 >>YVONNE CAPIN: We didn't take that amount to fill a budget

10:12:52 gap?

10:12:52 >>SONYA LITTLE: I think from year to year as far as our

10:12:55 budget shortfall is concerned, on that amount, I think, if I

10:12:59 understand your question correctly, what you are asking for

10:13:01 is we budgeted in 2013, $8.8 million.

10:13:11 Some amount lower.

10:13:12 You are asking us year by year to actually show what we used

10:13:20 for budget shortfall itself, correct?

10:13:22 >>YVONNE CAPIN: Budget shortfalls -- the way -- that could

10:13:28 very well be.

10:13:29 But what I am looking at here, it is $34 million less than

10:13:32 what we had in '10.

10:13:34 And I am just -- in that 34 million is the budgeted

10:13:40 shortfall.

10:13:43 It's more than that.

10:13:43 >>SONYA LITTLE: Yes.

10:13:47 It is.

10:13:49 It's an amendment where we have gone back in and amended our

10:13:52 budget to include additional costs that had not been

10:13:56 anticipated at the time we did the budget.

10:13:59 So it's a combination of both what we budgeted and

10:14:02 represented, and then amendments throughout the year.

10:14:04 >>YVONNE CAPIN: Okay.

10:14:07 That definitely is information that I would like to know.

10:14:11 >>SONYA LITTLE: We can get that back for you.

10:14:13 >>YVONNE CAPIN: What was budgeted and the amendment.

10:14:15 Because I think the amendment, if you look at it, it is part

10:14:21 of the shortfall, or it could very well be, you know, when

10:14:26 you look at this and you say, okay, we are going to -- our

10:14:32 shortfall is $10 million, or $5 million.

10:14:36 But then there's amendments all through the year.

10:14:42 And really it was a lot more than that.

10:14:45 >>SONYA LITTLE: But in each respective year, in each

10:14:50 respective year at least for the last three budget cycles,

10:14:54 Weaver not exceeded more than what was budgeted for.

10:14:56 >>YVONNE CAPIN: Okay.

10:14:57 >>SONYA LITTLE: It would have come down.

10:15:01 So the bottom line is, for instance, using this year as an

10:15:05 example, at the $8.7 million, if in the prior year we

10:15:10 budgeted -- and I apologize but we have been so focused on

10:15:15 '13 and '14 --

10:15:17 >>YVONNE CAPIN: I apologize.

10:15:18 >>SONYA LITTLE: For '12, for instance, I think it may have

10:15:22 been in the neighborhood of 12 million?

10:15:25 Okay.

10:15:25 We will get that information.

10:15:26 But we never exceeded what was originally budgeted for and

10:15:32 represented.

10:15:33 In each case it would have been either at or below what was

10:15:36 budgeted.

10:15:36 >>YVONNE CAPIN: Right.

10:15:38 That would include all of the --

10:15:40 >>SONYA LITTLE: Including all of the amendments and

10:15:42 everything.

10:15:43 Yes, ma'am.

10:15:44 >>YVONNE CAPIN: That's what you are saying.

10:15:46 Okay.

10:15:46 So it is -- so 34 million on there.

10:15:51 And we are 24 million between '10 and 13, on the revenue,

10:16:01 tax revenue.

10:16:03 So that's still 34 million on the tax revenue, that's -- the

10:16:28 numbers, how much did we cut back?

10:16:30 How much have we -- now percentage, how many dollars did we,

10:16:35 between 2010 and 2013, what is the dollar amount that we

10:16:43 actually, you know, reduced on services, on employees, and

10:16:52 that number, I know you don't have now, but that's one of

10:16:55 the numbers I would like to be --

10:16:56 >>SONYA LITTLE: I can give you the numbers by fiscal year

10:16:59 for year over year for the expenditure side.

10:17:03 Let me get that to you and see if this is where we are

10:17:07 headed.

10:17:08 In fiscal year 2010, our general fund expenditures, in which

10:17:12 our fund balance is calculated, that's how we arrive at the

10:17:16 29% or whatever, for the year, 2012, but in 2010, our

10:17:25 expenditures were just in excess of 3 it 1 million.

10:17:31 That's general fund.

10:17:34 In 2011, our expenditures were 401 million.

10:17:40 And then in 2012 our expenditures were 379 million.

10:17:48 And we are projecting for 2013s, 359 million.

10:17:57 >> 20 million.

10:18:13 So from 2010 to 2013.

10:18:16 20 million reduction.

10:18:18 Okay.

10:18:19 I have more questions but we'll save it for when we meet,

10:18:23 okay?

10:18:24 >>SONYA LITTLE: All right.

10:18:25 Thank you.

10:18:25 >>CHARLIE MIRANDA: Any other council members at this time?

10:18:27 Thank you very much.

10:18:27 We really appreciate your time and your staff and your work

10:18:30 that you have done and the straightforwardness that your

10:18:34 department has always given us.

10:18:36 We appreciate it very much.

10:18:36 >>SONYA LITTLE: Thank you very much.

10:18:38 Thank you.

10:18:39 >>CHARLIE MIRANDA: Now go back to work.

10:18:40 >>HARRY COHEN: I would like to make a motion that we

10:19:04 continue item number it 0 pertaining to electronic signs

10:19:07 until August 1st at 10 a.m.

10:19:10 Staff has asked for additional time.

10:19:12 >>CHARLIE MIRANDA: We have a motion by Mr. Cohen.

10:19:14 Second by Mr. Reddick on number 90.

10:19:17 August 1 at 10 a.m.

10:19:21 All in favor?

10:19:23 Opposed?

10:19:24 The ayes have it unanimously.

10:19:26 Yes, sir.

10:19:26 >>MARTIN SHELBY: Just for the purposes of the record and to

10:19:29 announce it to the public, when you approve the addendum you

10:19:32 also remove from the agenda item 100, and this is being

10:19:35 reset to August 1st, 2013.

10:19:38 So if you are here for V-137-53, that cannot be heard.

10:19:47 >>CHARLIE MIRANDA: Thank you very much.

10:19:48 All right.

10:19:49 Continuing.

10:19:50 >>LISA MONTELIONE: There was also a request that I had made

10:19:55 yesterday, and I understand that during the approval in the

10:19:58 agenda it was not noted that items number it 5 and 96 be

10:20:04 moved to the consent agenda.

10:20:07 >> Second.

10:20:10 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:20:12 second by Mr. Cohen.

10:20:13 All in favor of that motion please indicate by saying aye.

10:20:16 Opposed nay.

10:20:17 The ayes have it unanimously.

10:20:18 >>LISA MONTELIONE: And items 93 and 94 as well.

10:20:22 >>HARRY COHEN: Second.

10:20:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:20:26 second by Mr. Cohen.

10:20:27 All in favor of the motion please indicate by saying aye.

10:20:30 Opposed nay.

10:20:31 The ayes have it unanimously.

10:20:33 We approved that earlier.

10:20:34 Why don't you make a motion to approve them now?

10:20:36 >>LISA MONTELIONE: Motion to approve items 93 through 95, I

10:20:41 believe.

10:20:44 96.

10:20:46 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:20:48 second by --

10:20:50 >>MARTIN SHELBY: I would appreciate if could you hold that

10:20:52 till after public comment in case anybody wants to address

10:20:55 that before council approves it.

10:20:57 >>CHARLIE MIRANDA: All right.

10:20:59 Public comments at this time.

10:21:00 Does anyone care to speak to any item on the agenda first?

10:21:03 Come forward on the agenda first and then off agenda items.

10:21:07 Three minutes.

10:21:07 >> Pastor Essie Simms, Jr., East Tampa partnership, here to

10:21:13 speak about the noise ordinance that you deliberated the

10:21:15 last time I was here.

10:21:17 Just to reiterate what our stance is as a community, we have

10:21:22 many of our community residents here today that may come up

10:21:24 and speak.

10:21:25 But it is a serious issue in our community.

10:21:28 I know that there are those that are going to be here today

10:21:32 to speak against this issue, but I respectfully disagree

10:21:36 with their view.

10:21:37 I think our residents as well as myself should have a

10:21:40 quality of life that does not impede our quality of life to

10:21:45 hear the cussing and loud noise, music that we hear on a

10:21:49 daily basis.

10:21:50 Last time I hear I heard one of speakers talk about noise in

10:21:57 church and loud music shattering the church window.

10:22:02 As I experienced here last Thursday I experienced it myself.

10:22:05 I literally high pressure to leave church and go outside and

10:22:09 respectfully ask the young man if co-turn his music down.

10:22:12 He was respectful in doing so.

10:22:14 Last night as we were leaving church young man on three

10:22:17 wheeled bicycle was riding with a boom box on it, and it was

10:22:21 so annoying, so loud, that you could hear it for almost a

10:22:26 half a mile.

10:22:27 I implore and encourage and exhort this council today that

10:22:34 as you hear different opinions about this matter that you

10:22:36 take into consideration the quality of life for the resident

10:22:39 of all of Tampa.

10:22:40 See, I hear some say that this is a racial profiling issue.

10:22:44 I beg to differ.

10:22:45 You go all over the city.

10:22:48 All our residents of all ethnicity is also playing this loud

10:22:52 music.

10:22:53 When we look at that issue, let's not look at it from a

10:22:56 racial profile status.

10:22:57 >>CHARLIE MIRANDA: Let me say this, and I apologize to the

10:23:00 public again.

10:23:00 It's my fault.

10:23:02 68 and 69 are set for public hearing.

10:23:05 So those that want to speak on the noise ordinance have to

10:23:08 wait till that item comes up because this is set for a

10:23:12 certain time for a public hearing, and it's my error.

10:23:16 I apologize to each and every one of you.

10:23:19 It's set for that, public hearing.

10:23:20 So please, fur going to speak on 68 or 69, just wait a

10:23:25 couple more minutes and I promise you I will try to get

10:23:27 through the agenda quickly.

10:23:28 Thank you very much.

10:23:29 Next, please.

10:23:29 >> I'm ed.

10:23:34 Ed you Tillou, Sulphur Springs.

10:23:38 First item, 2.

10:23:41 I guess some of you remember this little event.

10:23:47 And this cartoon describes it very well.

10:23:50 It says maybe spending on infrastructure isn't so bad an

10:23:57 idea after all.

10:23:59 That bridge over the river, I lived close for eight or ten

10:24:09 months and it's horrible.

10:24:10 It's horrible to go over it.

10:24:12 I mean, the thing is, when this mayor was elected, I was

10:24:16 hoping he would make use of his opponents like Mr.

10:24:20 Turanchik --

10:24:22 >>CHARLIE MIRANDA: All right.

10:24:22 I am going to stop right there.

10:24:23 >> Okay.

10:24:25 Anyway?

10:24:26 I want to you speak on item 2, you said.

10:24:28 That's not the mayor --

10:24:30 >> Spending on infrastructure which applies to a budget.

10:24:33 Okay?

10:24:34 This is mostly what I came to speak about, which is item 14.

10:24:40 And --

10:24:48 >>CHARLIE MIRANDA: You are skirting the issue.

10:24:50 What's on the agenda is not a cow.

10:24:52 Please, I am going ask you again, please, sir, every week I

10:24:55 ask you this and you come and speak to an item, and speak

10:24:58 only to that item.

10:24:59 >> The item is hunger programs.

10:25:02 >>CHARLIE MIRANDA: Then speak on hunger programs number 14.

10:25:05 >> And what I am speaking about relates to hunger programs

10:25:12 that the kids should be provided the right kinds of food.

10:25:15 In other words, it shouldn't follow in our footsteps which

10:25:17 is oftentimes -- sometimes foods has only been found to be

10:25:23 wrong in the past five or ten years.

10:25:25 This is my public health background.

10:25:27 And the thing is, there's all kind of research papers that

10:25:32 researchers make a livelihood from, but that does not get

10:25:35 out to the actual workings of things which is item 14.

10:25:39 That's why I take the time and trouble to come here to speak

10:25:42 to this.

10:25:44 To draw on my masters in public health.

10:25:46 Now, the problem is soy protein, would be fed to the kids.

10:25:52 And there's been jokes about beans, because soybeans are in

10:25:57 the bean family.

10:25:58 Well, I passed around something.

10:26:02 Ricin is made from Castor.

10:26:04 Castor beans.

10:26:06 Now it turns out it isn't even a member of the bean family.

10:26:09 But still, wrong foods have the possibility of doing these

10:26:14 things.

10:26:15 Now, the thing I have spoken about, soy protein which if you

10:26:21 read the ingredients you will find in almost everything,

10:26:24 almost everything.

10:26:24 It's very hard to not get it.

10:26:26 (Bell sounds)

10:26:27 But the thing is, I pass around something about

10:26:29 hypertension.

10:26:33 There are areas you are probably concerned about

10:26:35 hypertension and the thing is the bean in hydrolyzed soy

10:26:41 protein -- possibly, we don't know these things, but there's

10:26:44 got to be research focused on this to see if that's the

10:26:48 case.

10:26:49 But then this canareb bean is possibly poisoning.

10:26:56 That's chemical engineering, poisoning the processes that

10:27:00 bring about hypertension.

10:27:03 (Bell sounds).

10:27:04 >>CHARLIE MIRANDA: Thank you very much.

10:27:06 Next please.

10:27:08 Any item on the agenda that is not set for public hearing,

10:27:11 please come forward at this time.

10:27:12 Any item not set for public hearing.

10:27:17 I see no one at this time.

10:27:29 Requests for any legislative matters we have had in the past

10:27:32 council meeting.

10:27:32 >>FRANK REDDICK: So moved.

10:27:36 >>CHARLIE MIRANDA: Motion by Mr. Reddick to dispense within

10:27:38 that.

10:27:39 Thank you very much.

10:27:39 That's handled already.

10:27:41 Committee reports.

10:27:41 Consent items.

10:27:42 Items 3 through 64.

10:27:45 Public Safety Committee chair, Mr. Frank Reddick, items 3

10:27:48 through 10.

10:27:48 >>FRANK REDDICK: Mr. Chair, I move item 3 through 10.

10:27:53 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Mr.

10:27:55 Suarez.

10:27:55 All in favor of the motion? Opposed?

10:27:58 The ayes have it unanimously.

10:28:00 We go to the vice chair of Parks, Recreation, Culture

10:28:02 Committee, Ms. Lisa Montelione.

10:28:09 I want to pronounce it right.

10:28:11 Lisa Montelione.

10:28:12 Items 117 up there 19.

10:28:14 >>LISA MONTELIONE: I move 11 through 19.

10:28:19 Seconded by Mr. Suarez.

10:28:20 All in favor of the motion?

10:28:22 Opposed nay?

10:28:22 The ayes have it unanimously.

10:28:24 Public Works Committee chair, Mr. Mike Suarez, 20 through

10:28:27 32.

10:28:27 >>MIKE SUAREZ: I move items 20 through 32.

10:28:30 >> Second.

10:28:32 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

10:28:33 All in favor of the motion please indicate by saying aye.

10:28:36 Opposed nay.

10:28:37 The ayes have it unanimously.

10:28:38 Finance Committee chair, Mr. Harry Cohen.

10:28:40 >>HARRY COHEN: I move items 33 through 45.

10:28:42 >>MIKE SUAREZ: Second.

10:28:47 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr.

10:28:48 Suarez.

10:28:49 All in favor?

10:28:49 Opposed?

10:28:50 The ayes have it unanimous live.

10:28:51 Building, zoning, preservation committee chair, Lisa

10:28:54 Montelione.

10:28:55 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:28:57 I move items 46 through 63.

10:29:01 >> Second.

10:29:03 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

10:29:05 I have a second by Mr. Suarez on a close vote with Mr.

10:29:07 Cohen.

10:29:08 All in favor of the motion indicate by saying aye.

10:29:10 Opposed nay.

10:29:11 The ayes have it unanimously.

10:29:12 Transportation committee chair, Yvonne Yolie Capin.

10:29:16 >>YVONNE CAPIN: Capin.

10:29:21 Thank you.

10:29:21 Transportation committee, thank you.

10:29:23 I move item 64.

10:29:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

10:29:27 Mr. Cohen.

10:29:28 All in favor of the motion indicate by saying aye.

10:29:30 Opposed nay.

10:29:31 The ayes have it unanimously.

10:29:32 I need a motion to set public hearings for 65 through 67.

10:29:36 >> So moved.

10:29:38 >> Second.

10:29:40 >>CHARLIE MIRANDA: I haven't had a first yet.

10:29:41 Mrs. Montelione.

10:29:42 Second by Mr. Cohen.

10:29:44 I'm only waking myself up.

10:29:45 All in favor of the motion indicate by saying aye.

10:29:47 Opposed nay.

10:29:48 The ayes have it unanimously.

10:29:59 Public reading on ordinances.

10:30:02 I trade to get to them pretty quick.

10:30:04 93 up there 96 are being moved for consent.

10:30:08 Motion by Mrs. Montelione.

10:30:09 Second by Mrs. Capin.

10:30:10 All in favor of the motion indicate by saying aye.

10:30:13 Opposed nay.

10:30:13 The ayes have it unanimously.

10:30:15 Thank you very much thank you very much.

10:30:16 Okay.

10:30:23 Need to open public hearing items 68 through 73.

10:30:28 Motion by Mr. Reddick, second by Mr. Cohen.

10:30:31 These items are open.

10:30:33 These are non-quasi-judicial proceedings.

10:30:36 Item 68.

10:30:36 >>REBECCA KERT: Legal department.

10:30:38 I am here on item 68 and the accompanying ordinance item 69.

10:30:43 Item 68 is an ordinance that prohibits excessive noise from

10:30:46 motor vehicles, more specifically than are plainly audible

10:30:49 from a distance of 50 feet.

10:30:51 As you will recall at your last meeting, you made a motion

10:30:54 for me to substitute a new ordinance, removing the

10:30:57 limitation on the hours, which I did.

10:31:00 There was also discussion at your last meeting about making

10:31:03 a motion at this hearing to remove code enforcement, and

10:31:07 code inspectors from the people who enforce this regulation.

10:31:12 You did not make that motion last time.

10:31:13 But if you want to today, I can go ahead and do a new

10:31:16 ordinance if this one passes today.

10:31:19 And the third thing that I wanted to call your tanks

10:31:22 attention to was the penalty phase in the ordinance that you

10:31:26 have before you.

10:31:28 As you will recall, TPD, your police department had

10:31:32 expressly asked for a mechanism to enforce the problems that

10:31:35 come up with noise from motor vehicles.

10:31:37 But they did not stress expressly request the penalty phase

10:31:40 that's in the ordinance before you.

10:31:42 That was modeled after Sarasota.

10:31:43 It's a completely legal and fine way to move forward.

10:31:46 But I do want to call to your attention that it is outside

10:31:51 of the scope of how you normally process your penalty

10:31:54 phases.

10:31:55 In particular, you do not -- it is very unusual for the city

10:31:58 to have express penalty phases listed in the substantive

10:32:03 portion of your ordinance, and that is because that limits

10:32:06 the options that the police department has in choosing the

10:32:09 enforcement and the penalty phases.

10:32:11 For example, almost everything in your code is enforceable

10:32:16 by arrest up to 60 days and $500 in fines.

10:32:19 That's not typically what we usually do.

10:32:22 But that's something that we could do for zoning cases and

10:32:25 just about everything in your code unless we expressly say

10:32:28 that it is not an arrestable offense.

10:32:30 And that allows police officers and code enforcement to use

10:32:33 their discretion, whether they are going to go through the

10:32:36 Code Enforcement Board, issue a civil citation, or in

10:32:40 extreme cases notice to appear in court.

10:32:44 In this case, you have mandated that the third offense is an

10:32:47 arrestable offense, and previous ones cannot be arrestable

10:32:51 offense.

10:32:51 The other thing that I want to call to your attention is as

10:32:54 far as the civil citation and the civil penalties go, you

10:32:57 have previously adopted four different classes that escalate

10:33:03 the amount of fine.

10:33:03 The first is a class one that starts at 75, goes to 150,

10:33:08 300, event lip 450, class 3:class 4, and the highest level

10:33:13 which starts at 450.

10:33:15 What adopted based on stand, again perfectly legal and

10:33:18 acceptable, doesn't fit within any of those classifications.

10:33:21 So we had to create a new classification.

10:33:23 What that results in is the police department currently has

10:33:29 forms, like a copy, this is in quad will you please let and

10:33:33 they have a booklet and each officer has to have one of

10:33:36 these.

10:33:37 This new classification isn't printed on it.

10:33:39 So as far as an efficiency model, they are either going to

10:33:42 have to redo all of their current -- their current citation

10:33:46 booklet, orb they are going to have to carry around 2001

10:33:50 citation booklets.

10:33:51 Again it's a policy issue.

10:33:53 But it was called to my attention.

10:33:55 And so I thought that I should bring it to you.

10:33:59 I'm available if there are any questions.

10:34:00 >>FRANK REDDICK: Mr. Chair?

10:34:05 Ms. Kert, now that you brought that to our attention, what

10:34:12 are you recommending?

10:34:13 Because the bottom line, I want to get this done.

10:34:18 And I don't want to be here Christmas talking about this

10:34:22 same thing.

10:34:23 So --

10:34:24 >>REBECCA KERT: I agree.

10:34:25 I don't want to be either.

10:34:27 >>FRANK REDDICK: Right.

10:34:28 So the thing is, what would you recommend that we need to do

10:34:31 to in any case process move forward?

10:34:33 >>REBECCA KERT: I have spoken with the police department,

10:34:35 and they did make it clear to me that it's incredibly

10:34:39 important that they have some tool to enforce this but they

10:34:41 were not the ones that asked for it to be an arrestable

10:34:44 offense.

10:34:44 What I would suggest to City Council is that City Council

10:34:48 make a determination, one of your current classes of

10:34:54 citation -- and I have never used this.

10:34:59 Let me put that up and you can see what they are.

10:35:03 Okay.

10:35:09 These are your current classification.

10:35:12 City Council could identify which are the classification

10:35:15 thaws think are appropriate.

10:35:16 I could amend this ordinance, and the next one, which is the

10:35:19 one dealing with 23.5 which contains the citations.

10:35:22 I would remove the penalty phase from the substantive

10:35:28 ordinance on motor vehicles.

10:35:29 And I would amend chapter 23.5 to reflect the civil

10:35:33 penalties that remain.

10:35:35 What that would do is it would allow it to remain an

10:35:38 arrestable offense under your general code provision,

10:35:42 section 1-6, just as everything else in your code, but at

10:35:48 what point it becomes arrestable it would leave it within

10:35:50 their discretion, and that would be my recommendation to

10:35:53 you.

10:35:53 But again, that's a policy decision.

10:35:56 And I could try to do that.

10:35:59 I'm down here basically all day, but I have talked to my

10:36:01 assistant and we will try to have that done before the end

10:36:03 of the day.

10:36:04 >>CHARLIE MIRANDA: I believe I have Mrs. Montelione, Mr.

10:36:06 Suarez, Mr. Cohen.

10:36:07 >>LISA MONTELIONE: Thank you.

10:36:10 Some of the things that I am going to say, some of them I

10:36:15 want to hear from the folks who are here to speak.

10:36:21 I have had people contact my office.

10:36:22 I don't know if they have contacted other council members.

10:36:25 I have had posts on my Facebook page.

10:36:29 Actually I have two Facebook pages.

10:36:32 I have had posts on both and I can read into the record some

10:36:34 of the comments I have gotten there.

10:36:37 There was also an editorial in the Tampa Tribune may

10:36:41 27th regarding this.

10:36:43 And although not everyone can attend a City Council meeting

10:36:49 to speak during public comment, especially in the face of a

10:36:53 tropical storm, so thank you very much for everybody showing

10:36:55 up and coming out.

10:37:00 There are a lot of people who agree that this should not be

10:37:03 an arrestable offense.

10:37:04 And that's simply because pastor Simms, racial profiling,

10:37:12 simply because having someone arrested for violating a noise

10:37:17 ordinance puts a burden on so many of our systems.

10:37:20 It Puetz a burden on our police department, on the clerk,

10:37:25 office of court, on the judicial system, on the prison

10:37:28 system, on so many levels, putting someone in jail for this

10:37:34 type of offense is something that I would not support.

10:37:40 There are other ways to accomplish teaching someone a

10:37:43 lesson, and as you mentioned, because you are the only one

10:37:47 we heard from so far on this item from the public, I'm

10:37:51 addressing your comments, so you are the only one that's

10:37:56 spoken so far.

10:37:57 You know, you went out and you asked the gentleman or lady,

10:38:00 whoever it was behind the wheel, to lower the radio, or

10:38:05 their device, iPhone or iPad, iTunes, whatever it

10:38:10 was.

10:38:11 And they D.they complied.

10:38:12 So I'm stressed by the word civil penalty.

10:38:18 If we just return to civil society, and make those requests,

10:38:23 I think people would comply.

10:38:24 I don't think we need to go as far as putting them in jail

10:38:28 to really send a message, because putting them in jail

10:38:34 affects their livelihood.

10:38:37 We already have people who are ex-offend hoarse can't get

10:38:42 jobs.

10:38:43 If they do have a job they are going to lose it from going

10:38:46 to jail.

10:38:47 When they come out, they are going to have a more difficult

10:38:49 time finding a job.

10:38:50 And we on this council have talked so many times about what

10:38:54 we can do to help people who are ex-offenders.

10:39:02 Big dollar amounts, I don't have a problem with.

10:39:04 That I agree, noise ordinance is absolutely necessary.

10:39:08 It's a problem in my neighborhood.

10:39:10 It's a problem in a lot of neighborhood.

10:39:12 There is no doubt that I don't think that this is important.

10:39:17 It is important.

10:39:19 And when people say, oh, well, you know, some don't support

10:39:23 a noise ordinance, or don't think it's necessary, no, it is

10:39:25 necessary.

10:39:26 I believe that it is necessary.

10:39:28 I don't believe jail time should be associated with it.

10:39:30 Thank you.

10:39:32 >>CHARLIE MIRANDA: We go to Mr. Suarez, Mr. Cohen, Ms.

10:39:35 Capin.

10:39:35 >>MIKE SUAREZ: Mrs. Kert, can I ask you a couple of

10:39:40 questions about the procedural stuff?

10:39:41 Some of the things that you suggested or made suggestions

10:39:43 about, you know, I definitely appreciate the fact that, you

10:39:48 know, I don't believe everything two different citation

10:39:51 books and making it more difficult for them to actually do

10:39:55 this.

10:39:55 If we -- I want to ask you about two different scenarios.

10:40:00 One, if we pass this now, we can come back and adjust the

10:40:04 penalty part of it, correct?

10:40:06 >>REBECCA KERT: Correct.

10:40:08 >>MIKE SUAREZ: Does that go through another two readings,

10:40:11 public part of it?

10:40:13 Is it two readings, get back to two readings again to change

10:40:16 it?

10:40:16 >>REBECCA KERT: Every ordinance is two readings, yes, sir.

10:40:18 >>MIKE SUAREZ: If we do some of the changes now that you

10:40:22 are mentioning before the end of May, if we take this back

10:40:27 to first reading, correct?

10:40:29 Or can we continue?

10:40:31 >>REBECCA KERT: I believe that it can continue on second

10:40:33 read ing today with the type of changes that you would be

10:40:35 making.

10:40:36 >>MIKE SUAREZ: Do you believe that or is that what you can

10:40:38 actually do?

10:40:39 >> You can actually do that.

10:40:41 >>MIKE SUAREZ: Thank you.

10:40:41 You I'm with Mr. Reddick on that.

10:40:44 I don't want to be here again talking about this noise

10:40:46 ordinance.

10:40:47 I think that we have had people come here and talk, and been

10:40:51 heard about this.

10:40:52 Mrs. Montelione has made comments about what her specific

10:40:56 problems are with the noise ordinance, and those are well

10:40:59 taken.

10:40:59 I think it's time for us to act and to go forward.

10:41:02 So I would support, you know, letting you change those

10:41:07 aspects of it as long as we are able to pass this on second

10:41:12 reading.

10:41:12 >>REBECCA KERT: Yes.

10:41:14 >>MIKE SUAREZ: When are you going to be able to bring that

10:41:17 language back to us?

10:41:19 >> Before the end of the day.

10:41:20 >>MIKE SUAREZ: Before the end of the day or before the end

10:41:22 of City Council session?

10:41:25 >>REBECCA KERT: I will amend it while you are still here.

10:41:28 >>MIKE SUAREZ: Hopefully those are not concurrent.

10:41:31 Hopefully we will be done before the end of the business

10:41:34 day.

10:41:34 >>REBECCA KERT: Yes, sir.

10:41:37 >>CHARLIE MIRANDA: Thank you very much.

10:41:37 We go to Ms. Capin.

10:41:42 Mr. Cohen wants to wait a few moments.

10:41:44 >>YVONNE CAPIN: Mrs. Kert, we have on the noise ordinance,

10:41:48 this is noise coming from someone standing on the sidewalk?

10:41:54 >>REBECCA KERT: No.

10:41:54 This is strictly noise from motor vehicles.

10:41:59 Noise if from people standing on the sidewalk you will

10:42:01 discuss later in your meeting today.

10:42:03 >>YVONNE CAPIN: We definitely need to discuss that.

10:42:05 Because the noise that the gentleman spoke about came from a

10:42:10 bicycle.

10:42:11 And what would you impound?

10:42:21 Again, there's fog horn, amplified radios, we all know all

10:42:25 of that.

10:42:25 That's what I wanted to clear on this particular ordinance,

10:42:32 it pertains to noise coming from vehicles.

10:42:35 >>REBECCA KERT: Yes.

10:42:38 And we are aware the rest of the things that you mention are

10:42:40 also issues, and we are planning on dealing with that but

10:42:44 everyone seemed to think that this one would be the issue

10:42:46 that you need to expedite.

10:42:48 >>YVONNE CAPIN: And we are going to deal with the other

10:42:51 ones when?

10:42:52 Today?

10:42:52 >>REBECCA KERT: We are going to be speaking about it today

10:42:55 and hopefully have a solid ordinance for you to be reading.

10:42:58 >>YVONNE CAPIN: Very good.

10:42:59 Thank you.

10:43:00 And the penalties, can you repeat them so everyone --

10:43:05 >>REBECCA KERT: Well, I have a assistance on them but I

10:43:09 think up on your screen are the list of the civil penalties

10:43:12 that you have currently.

10:43:13 And so I would need some direction whether it would be a

10:43:16 class 1, class 2, class 3, or class 4.

10:43:19 And then the officers could issue a civil citation.

10:43:23 It would be based on that classification based upon whether

10:43:25 or not it's a repeat violation.

10:43:28 And unless it stated otherwise, the office worry still have

10:43:33 the option of making it an arrestable offense fountain was

10:43:39 deemed in his expertise that it warranted that.

10:43:43 >>YVONNE CAPIN: So when you came last time, it was 250

10:43:50 first offense, 450 second, third was 500, and 4, arrest, or

10:43:59 jail depending on the judge.

10:44:02 That would be the penalty that could be applied.

10:44:04 >>REBECCA KERT: Correct.

10:44:05 >>YVONNE CAPIN: And what we are talking about here is

10:44:10 allowing for judgment on the off-street part.

10:44:20 >> Yes, but you would assign to the a class 1, 2, 3 or 4.

10:44:25 So you would set the parameters for the civil citation

10:44:29 portion of it.

10:44:29 >>YVONNE CAPIN: Okay.

10:44:31 Very good.

10:44:32 I understand.

10:44:32 Thank you.

10:44:33 >>CHARLIE MIRANDA: Mr. Cohen.

10:44:34 >>HARRY COHEN: Okay.

10:44:35 So now -- and thank you for clarifying that.

10:44:39 I just want to say, I agree with the general direction that

10:44:42 this is going in.

10:44:43 I would be very comfortable with class 3 if that helps move

10:44:47 along the discussion.

10:44:48 >> Let's hear from the public and then we'll continue this.

10:44:55 I appreciate very much your time.

10:44:57 Anyone care to speak on item number 68, please come forward.

10:45:02 Talking noise.

10:45:03 Not my noise.

10:45:04 >> I was wondering about getting a boom box to your house,

10:45:08 Charlie.

10:45:09 But thanks for --

10:45:13 >>CHARLIE MIRANDA: You would be surprised.

10:45:14 >> Pastor Simms.

10:45:16 Just a clarification if I didn't clarify myself and

10:45:21 articulate myself as I should have.

10:45:23 When I spoke about racial profiling, you know, many here,

10:45:29 speaking against this, look at this from a black issue.

10:45:31 And what I mean about racial profiling, this is a general

10:45:35 issue, all across racial lines, and I agree with you when it

10:45:39 comes to the arrest part of it, that's something definitely

10:45:43 that this council has to deliberate and converse upon.

10:45:46 And in determining what is the best means, but it is a

10:45:55 serious issue.

10:45:56 I have 8,000 minutes on my phone every month because many of

10:45:59 these partnership presidents that you see standing against

10:46:02 this wall called call me on a daily basis and I go out to

10:46:06 their location, and I'm hearing this noise.

10:46:08 I sit there and I watch the cars up and down within the

10:46:13 noise that you can hear, like I say, for at least half a

10:46:16 mile.

10:46:16 So I again implore you, and implore this council to take

10:46:20 this matter into consideration, to pass it and move forward,

10:46:22 and that we can have some peace and quality of life, because

10:46:25 many have to be subjected to the type of music that is being

10:46:29 played.

10:46:30 I don't have a problem with whatever music you play, but we

10:46:33 don't have to be subjected to some of this stuff that we do

10:46:36 have to listen to.

10:46:37 >>LISA MONTELIONE: And I don't classify this as a race

10:46:41 issue.

10:46:41 I classify it as more or less an age issue.

10:46:45 >>CHARLIE MIRANDA: Watch it now.

10:46:47 [ Laughter ]

10:46:48 >>LISA MONTELIONE: You know, I do have a 44-year-old who

10:46:54 corrects me all the time, I always say 45 but that's later

10:46:57 this year, who listens to music quite loud.

10:47:00 And, you know, it's not to the point where it's a violation

10:47:04 of noise ordinance because we don't have that kind of

10:47:05 equipment in our cars.

10:47:07 But, you know, it's young people.

10:47:11 It's young people.

10:47:12 And, you know, I have gotten an e-mail that says we were all

10:47:16 young once.

10:47:17 And we all did things that the older generation didn't

10:47:21 appreciate what we did.

10:47:22 >>CHARLIE MIRANDA: I'm still doing it.

10:47:25 Next.

10:47:25 [ Laughter ]

10:47:27 >> Tim Heberlein, 1224 East Friarson Avenue, and I am in

10:47:33 support of the ordinance with legal counsel's

10:47:37 recommendations. I don't think it's something that people

10:47:39 should be thrown in jail for.

10:47:40 I live on 13th and Frierson, two blocks off of

10:47:44 Hillsborough, a nice quality motel there and abandoned house

10:47:48 and believe me, I understand the issues of the noise

10:47:51 ordinance.

10:47:52 My background is in counseling.

10:47:53 I council folks that have prior arrest records.

10:47:58 And I agree with the sentiments that when you give someone a

10:48:03 record it makes their lifer so much more difficult for

10:48:05 employment opportunities, and just the future in general.

10:48:08 And I agree as a tax-paying member of the City of Tampa, I

10:48:12 don't think this is appropriate use of resource throwing

10:48:16 someone in jail for.

10:48:17 This so I appreciate the council's recommendations to remove

10:48:19 those provisions.

10:48:22 Thank you.

10:48:28 >>CHARLIE MIRANDA: Officer, like to speak at this time?

10:48:29 >> Major Diane Hobley-Burney: Well, good morning. It's

10:48:40 such a great pleasure to be here before you.

10:48:42 And I represent the Tampa Police Department, and this is

10:48:46 part of my district 3 family that's in the ordinance,

10:48:49 because -- in the audience, because there are many in

10:48:53 district 3, and I receive a lot of these phone calls.

10:48:56 But I would also like for the council to be know -- I'm

10:48:59 sorry, I'm Major Diane Hobley-Burney, major, district 3,

10:49:04 Tampa Police Department.

10:49:09 My position at Tampa Police Department is this.

10:49:13 We do not -- we do not -- I cannot say that enough -- it is

10:49:16 not our goal to put people in jail for the noise ordinance.

10:49:20 That is not our position.

10:49:21 It's not our position to impound people's cars.

10:49:25 Our position is to improve the quality of life of our

10:49:29 citizens of the City of Tampa.

10:49:31 And that's why we stand before you.

10:49:34 And that's what we would like to do.

10:49:36 Whatever penalties that you impose, our department will

10:49:40 support you, and we will fulfill those needs.

10:49:43 And I just want to make sure that that position, that the

10:49:50 police department is not in the mode of arresting people,

10:49:55 because we do agree that people need the opportunity in

10:50:00 every aspect of life to be successful.

10:50:02 So we are in full support of you.

10:50:07 >>CHARLIE MIRANDA: Thank you.

10:50:07 >>FRANK REDDICK: Thank you, major.

10:50:10 And I want you to state for the record how many calls you

10:50:14 have received pertaining to this issue.

10:50:17 And so that someone will know that is a departmental

10:50:25 concern.

10:50:26 So if you will state the number of calls.

10:50:29 I think the last time you reported over 2,000 calls that you

10:50:33 all received in a certain period.

10:50:35 >> Yes, sir.

10:50:37 What I did, I had -- since 2010 we had approximately 6,456

10:50:49 calls for music disturbance, and out of those there was an

10:50:55 additional 234 from cars.

10:50:57 But it could have been blended in.

10:51:00 But those were specific, 234, for 2011 there was 6,530.

10:51:07 With another 1045 for cars.

10:51:11 And then 2012, 6,054 with 851.

10:51:19 From loud music from vehicles.

10:51:20 >>FRANK REDDICK: Thank you.

10:51:26 Mrs. Montelione?

10:51:28 >>LISA MONTELIONE: I had my legislative aid contact the

10:51:30 police department after you had mentioned that there were

10:51:33 3,000.

10:51:35 I think I remember the same number you do, Mr. Reddick, the

10:51:37 last time.

10:51:39 And the response than we got, this is from -- let's see, it

10:51:45 was read by police record supervisor, and then closed by

10:51:50 Kevin Petrie, police corporal, which states, it was directed

10:51:55 to be my aide, TPD created a dispatch code.

10:52:00 I ran calls for service from January 1, 2013 to May

10:52:05 23rd, 2013, which is the date thatch we made the request

10:52:07 and got a return of 304 police calls for service for loud

10:52:11 music.

10:52:13 From vehicles.

10:52:14 So that was January through May is five months.

10:52:19 And it was 3004.

10:52:23 So when you quote these really big numbers of 6,000, 6,000,

10:52:27 6,000, that's all noise complaints.

10:52:30 So it's from buildings.

10:52:33 It's from everything.

10:52:34 So, you know, we are talking about a noise ordinance in

10:52:37 vehicles that I really prefer to deep keep to the just noise

10:52:40 ordinance for vehicles.

10:52:41 And when we have 851, which is the most recent 2012 number

10:52:45 you cited, and we have got 300 for five months, that seems

10:52:49 more on par with the number of noise complaints from cars

10:52:54 that we should be, you know, keeping in mind.

10:52:59 And we have got 343, approximately, thousand citizens in the

10:53:05 City of Tampa.

10:53:06 So I just want to put these numbers in perspective.

10:53:08 >> Well, as I said, I gave you two numbers for each year.

10:53:12 One was for music by disturbance and the other was for

10:53:20 vehicles and I broke it so could you see that.

10:53:22 But what I also clarified was in some of the situations when

10:53:25 we get some of these calls, we have vehicles with music but

10:53:30 sometimes when they hear it in the distance they don't know

10:53:32 what it is, so it blend in with the other.

10:53:36 But for the ones that were for cars, 230 --

10:53:43 >>LISA MONTELIONE: No, I got it, 8561.

10:53:46 I am get the numbers.

10:53:47 I just want to make at abundantly clear.

10:53:49 Do you know the penalty right now for things such as

10:53:56 nuisance, disturbing the peace, whatever we call it?

10:53:59 I'm sure there's something in place that we have when we get

10:54:04 phone calls from citizens than they want addressed.

10:54:08 >> When it's a noise situation, it depends.

10:54:14 If it's from a home, we do have to be --

10:54:18 >>LISA MONTELIONE: We are just talking about cars.

10:54:19 >> Okay.

10:54:20 We have nothing at this point when it comes to cars.

10:54:22 >>LISA MONTELIONE: There's no nuisance ordinance no,

10:54:25 disturbing the peace, there's no --

10:54:29 >> We do not have anything that we can use as a tool to

10:54:35 support any type of -- we can stop the vehicle.

10:54:38 We can talk to them.

10:54:39 We can ask them.

10:54:41 And then with the situation that --

10:54:44 >>LISA MONTELIONE: You can stop the vehicle?

10:54:45 >> We can stop the vehicle.

10:54:47 But what I am saying is legally, legally, it's not against

10:54:51 the law to do it.

10:54:52 But we can stop and say, can you please lower your music?

10:54:56 If they do not, then they do not.

10:54:59 We have flowing to go W.we have no tools to support that.

10:55:01 But this is what Y we are here today.

10:55:03 >>LISA MONTELIONE: Mrs. Kert?

10:55:08 Is that substantially the case here?

10:55:09 Is that why we are here?

10:55:11 Having to hear a noise ordinance?

10:55:14 >>REBECCA KERT: Yes there.

10:55:15 Used to be a state statute on point and there no longer is.

10:55:19 The only thing TPD could do is conduct but that's not going

10:55:23 to be even within the realm of possibility because they have

10:55:25 to have witnesses and they can't just do it without

10:55:28 everything a complaint there and the car there and

10:55:31 everything all at one time so it's kind of like a

10:55:34 serendipity kind of moment to make one of those cases.

10:55:38 >>LISA MONTELIONE: When did the state statute go away?

10:55:43 >> Well, for us, it was when the Second District Court of

10:55:46 Appeals found it unconstitutional, which was several years

10:55:49 ago, and most recently, if my memory is not what it used to

10:55:54 be but I am going to say December, the Florida Supreme Court

10:55:59 also found it unconstitutional.

10:56:00 >>LISA MONTELIONE: So we had something before those

10:56:05 statutes were found unconstitutional?

10:56:08 >> Were they were found unconstitutional we had the statute,

10:56:13 yes.

10:56:14 >>LISA MONTELIONE: And that's been December or sometime

10:56:16 before that?

10:56:16 >> We haven't been able to utilize those for several years.

10:56:19 Our district Court of Appeals, the Second District Court of

10:56:21 Appeals is our Court of Appeals, and that would be first

10:56:25 district Court of Appeals who find it unconstitutional.

10:56:29 So the middle part of the state has been unable able to

10:56:32 utilize the state statute for noise from motor vehicles for

10:56:36 several years.

10:56:36 >>LISA MONTELIONE: Got it.

10:56:38 Thank you.

10:56:39 >>CHARLIE MIRANDA: Anyone else? Mrs. Capin?

10:56:41 >>YVONNE CAPIN: Yes.

10:56:42 You know, when we talk about this, there is a letter that

10:56:46 was sent to the mayor right after -- right after he was

10:56:50 elected, and it came from someone that had been putting up

10:56:54 with car radio noises in a parking lot across the street

10:56:59 from his home.

10:57:02 And he said he owned the home for ten year. 3:00 in the

10:57:06 morning, 4:00 in the morning, 5:00 in the morning.

10:57:08 And exactly what you described.

10:57:10 They had to catch them, you know, witnesses, the whole --

10:57:18 never in ten years, in ten years, was anyone stopped,

10:57:28 ticketed for that noise.

10:57:30 Now what happened?

10:57:31 He moved.

10:57:31 He now lives in St. Petersburg.

10:57:35 And I have a copy of that letter.

10:57:38 And I totally understand when people cannot sleep, they have

10:57:43 to go to work.

10:57:45 And this came from vehicles that were parked, not moving.

10:57:50 Parked.

10:57:52 So there is a huge issue here.

10:57:56 It is very big issue for -- and this was not in any -- one

10:58:06 you say particularly minority or other.

10:58:11 It was just general.

10:58:12 And I was copied on that letter in 2011.

10:58:17 So, yes, the hand were tied.

10:58:21 And we are trying to untie them.

10:58:24 Thank you.

10:58:24 >> I appreciate those comments.

10:58:27 Because that is what we face all the time.

10:58:29 And then when you speak of a person being civil, a lot of

10:58:33 times weapon you ask individuals to cut down their music,

10:58:37 sometimes they are not as kind.

10:58:39 And I get those complaints.

10:58:42 >>CHARLIE MIRANDA: I really want to hear from the public.

10:58:44 I believe they have been waiting a long time and I promised

10:58:46 to hear from them quickly and I am trying to get to that

10:58:49 point.

10:58:50 Thank you very much, major.

10:58:51 We really appreciate it very much.

10:58:52 Yes, sir.

10:58:52 >> I would like to say good morning to the chair and the

10:58:58 staff.

10:58:59 My name is Samuel Mobley, 4234 east Cayuga street and the

10:59:07 president of the East Tampa neighborhood association and

10:59:10 crime watch.

10:59:11 Concerning noise, I would like to address Councilwoman when

10:59:15 she mentioned that if you ask them to cut music down, they

10:59:19 refuse to do so.

10:59:20 Can you hear me now?

10:59:21 Okay.

10:59:23 There was an incident in front of my house where a young man

10:59:26 had a -- he opened the door.

10:59:35 The officer asked him to cut it down.

10:59:37 He refused to do so.

10:59:40 We filed our paperwork.

10:59:41 It's in the court system now.

10:59:43 It was also on channel it to show this music from the

10:59:48 vehicle.

10:59:48 So this is a continuous problem that we have in our

10:59:51 neighborhood.

10:59:52 This is not every other day.

10:59:57 It's every day.

10:59:58 Northeast.

11:00:00 Can't hear your TV.

11:00:02 You can't hear the TV.

11:00:03 We shouldn't have to live like that.

11:00:06 I think that taxpayers, we can do better.

11:00:09 And I just ask that you help in the situation.

11:00:12 Thank you very much.

11:00:13 >>CHARLIE MIRANDA: Thank you very much.

11:00:14 Next please.

11:00:15 >> I'm Brenda Mobley from Eastern Heights Neighborhood

11:00:22 Association, and to briefly ask you that the noise that we

11:00:25 are hearing that comes through our neighborhood on a regular

11:00:29 daily basis, these aren't children.

11:00:33 These are grown people.

11:00:36 They are not senior citizens.

11:00:39 Yes, some of them are.

11:00:41 I want you to understand it's not just young people, because

11:00:44 there are young families that don't care do hear this music

11:00:47 also.

11:00:48 Thank you.

11:00:51 >>CHARLIE MIRANDA: Thank you very much.

11:00:52 Next please.

11:00:52 >> I'm Cynthia Hugh from the neighborhood crime watch of

11:00:56 College Hill.

11:00:57 I'm the president.

11:00:57 And I just want to thank the council for getting us

11:01:02 consideration, and most of my neighbors are seniors, and we

11:01:07 just can't take this.

11:01:09 Our neighborhoods are where we grew up, and we have people

11:01:14 coming in and I appreciate your giving this consideration.

11:01:21 >>CHARLIE MIRANDA: Thank you very much.

11:01:22 Next.

11:01:22 >> My name is Betty J. bayer, 3003 fourth street, Tampa,

11:01:31 Florida 33605, and I am tired of coming down here for this

11:01:36 same reason.

11:01:37 I don't come here for people riding through the neighborhood

11:01:41 with the loud noise.

11:01:42 I come because they sit in the neighborhood, in their car,

11:01:46 and just boom the music.

11:01:48 Also, there isn't an age limit.

11:01:51 People of all ages are doing this.

11:01:54 They are riding on bicycles.

11:01:56 They are sitting on their porches.

11:01:57 They are doing it.

11:01:58 And my neighborhood is full of older people who are afraid.

11:02:03 At one time, I used to come out, walk to the car and say,

11:02:07 would you please cut that down? But now you can't do that

11:02:10 because you are threatened with your life and so I don't go

11:02:14 out there anymore.

11:02:15 But I do call.

11:02:17 From tend of May until the first part of June, I have made

11:02:21 four calls to the police department because of the loud

11:02:24 music.

11:02:24 And they have sent someone out.

11:02:27 And they would move when that would happen.

11:02:30 So thank you for indulging me this morning.

11:02:32 I appreciate it.

11:02:35 >>CHARLIE MIRANDA: Thank you very much.

11:02:36 Next, please.

11:02:36 >> Good morning.

11:02:37 I'm Joyce Hamilton Henry with the office of -- with regional

11:02:43 office of the ACLU Tampa.

11:02:45 I am here because we are concerned about the noise and the

11:02:51 problems that present from the community.

11:02:53 But we are also concerned about the severities of the

11:02:56 penalty.

11:02:58 We are dealing with on a weekly basis we get many calls from

11:03:03 individuals honor have lost their civil rights due to a

11:03:07 felony conviction.

11:03:08 We don't want to create a situation that will compound this

11:03:11 for individuals.

11:03:12 But as I said, we are concerned about the problem.

11:03:16 We do feel that it must be addressed.

11:03:18 However, we are concerned about the penalties.

11:03:21 And I appreciate the fact that you are looking at that

11:03:24 presently.

11:03:24 Thank you.

11:03:26 Next, please.

11:03:26 >> Susan Long, it 20 east brother. I think you all already

11:03:34 know my position.

11:03:35 I am very supportive of the noise ordinance.

11:03:39 My issue is this.

11:03:42 I would look to see jail time disappeared and the penalty

11:03:48 raised to a thousand dollars, whatever, pick a number.

11:03:50 Then if you are going to put a fine on there, instead of

11:03:53 jail time on any of these fines, there has to be some way to

11:03:56 collect it.

11:03:57 Okay.

11:03:57 We have a lot of fines that we issue that are totally

11:04:00 uncollectible.

11:04:01 If you are going to do this, make it very painful.

11:04:04 I don't think they need to go to jail because they play

11:04:06 their radio too loud or have too loud a radio. But I do

11:04:09 think that they need to be penalized financially quite

11:04:12 severely with something that allows the city to actually

11:04:16 collect that penalty.

11:04:17 If I don't pay my parking ticket, they suspend my driver's

11:04:20 license.

11:04:21 Maybe something of that nature.

11:04:22 I just don't think they need to sit in jail.

11:04:24 Thank you.

11:04:25 >>CHARLIE MIRANDA: Thank you very much.

11:04:26 Next, please.

11:04:26 >> Maximal come, north Jefferson street, Tampa.

11:04:35 I would like to say that I wouldn't begin to pretend to know

11:04:38 what impedes on other person's quality of life.

11:04:42 Apparently, a black teenager walking through a neighborhood

11:04:45 with the hoodie on and a bag of candy impedes on some

11:04:50 person's qualities of life.

11:04:51 What I do know is since the beginning of this discussion

11:04:53 about the noise ordinance, tricky logic and tricky language

11:04:58 has been used to impress upon people a necessity.

11:05:02 For example, this number of 6,000 phone calls or 3,000 phone

11:05:07 calls or 300 phone calls does not suggest to us that there

11:05:12 are a lot of people calling but rather a lot of unique

11:05:15 people calling, but rather it exists to us that it's quite

11:05:18 possibly as represented by the persons in this room, a few

11:05:21 dozen people making a few hundred phone calls, which in turn

11:05:24 makes them more of a nuisance than the thing that we are

11:05:27 discussing right now.

11:05:29 Secondly, this much notion that the noise that is coming

11:05:35 from cars somehow impedes upon people's ability to drive

11:05:40 safely is hogwash.

11:05:46 Called a byproduct from another animal but you get the

11:05:49 picture. It's hogwash because here in the State of Florida

11:05:52 people who can't hear a thing, people who can't hear, the

11:05:55 non-hearing people can get a driver's license right here in

11:05:58 the State of Florida and certainly in the City of Tampa.

11:06:00 So how is it that they can drive safely when people who are

11:06:04 listening to loud music somehow cannot?

11:06:08 It is an insult to the intelligence of the constituents of

11:06:10 this community to make that suggestion, and certain an

11:06:13 insult to the capabilities of the nonhearing people in our

11:06:17 community to suggest that somehow you can't drive safely

11:06:20 because you are listening to loud music.

11:06:25 The last thing I will say is that it seems to me this is not

11:06:29 about public safety or public nuisance, it is more an

11:06:32 extension of the punitive nature of this city government,

11:06:35 and the city police, whose only answers to the constituents

11:06:41 problems is to throw the police at it and jail time.

11:06:45 When you talk about children in schools, fish they don't

11:06:50 want to be go to school because the police are always on

11:06:53 them and you find the corner, throw the police at them. If

11:06:56 somebody has an addiction, don't put them in a

11:06:58 rehabilitation center, throw the police on them and throw

11:07:01 jail at them.

11:07:02 Most recently, somebody poor and has to beg for a dollar,

11:07:07 don't give them assistance, put the police on them and throw

11:07:09 jail at them.

11:07:10 And I know we want to make say it's not about racism.

11:07:16 I think we know who is most commonly riding around in cars

11:07:20 with loud music.

11:07:21 That's all we have left to enjoy.

11:07:23 We can't walk down the street without being harassed and we

11:07:27 can't go to the park and play kick why ball without the

11:07:29 police breathing down our necks.

11:07:35 The sanctity about vehicles and drive E loud music and you

11:07:40 wants to police on us.

11:07:41 (Bell sounds).

11:07:43 >>CHARLIE MIRANDA: Thank you very much.

11:07:43 Appreciate it very much.

11:07:44 Next, please.

11:07:44 >> Good morning.

11:07:48 Connie Burton, 4220, Paxton court.

11:07:51 This morning, I have an opportunity to witness the hate

11:07:54 produced, because what we have seen in this council, not

11:07:59 based on than the diversity of this community, but of

11:08:02 selected few people that have made their voice heard, now

11:08:08 has made this City Council walk back into darkness.

11:08:12 Making this a very unpleasant and very unsafe for young

11:08:18 people to want to come to Tampa.

11:08:20 There is nothing inviting about this community that would

11:08:25 figure out ways in which the penalties for noise would be to

11:08:30 go to jail or to extract the highest possible financial

11:08:37 penalties on young people.

11:08:39 It's ridiculous.

11:08:41 It's almost impartial.

11:08:44 Most of the constituents that spoke this morning is from

11:08:46 East Tampa.

11:08:53 Has not yet been able to bring any economic development to

11:08:55 this community, it's not on Howard, it's not like South

11:09:00 Tampa.

11:09:05 To attract young people in our economy, and in order to hang

11:09:08 out you have got to have music, you have got to have

11:09:10 entertainment, you have got to have those types of

11:09:13 developments that will make young people want to come.

11:09:16 But if you pass this ordinance, and I'm quite sure you will,

11:09:20 I hope it send a very clear message to our community, a

11:09:24 democratic body out of the Democrats up here, that are not

11:09:31 knowing how to fix real problems, and not know how to

11:09:34 identify the African community that would you apiece and

11:09:38 come undercover just because all the people are so

11:09:43 contentious that they tab young people in their community,

11:09:49 that's what this is about, they are afraid to go outside,

11:09:52 they are afraid to go to their parks.

11:09:53 There is nothing inside East Tampa but black church because

11:09:57 everything has gone.

11:09:58 Now why?

11:09:58 Because we have nothing but hate of young people.

11:10:01 Thank you so much.

11:10:02 >>CHARLIE MIRANDA: Thank you very much.

11:10:03 Next, please.

11:10:04 >> My name is clay Daniels.

11:10:08 I haven't come for 13 years.

11:10:13 Just talking about the church.

11:10:14 That's the problem when you go to church you can't hear the

11:10:16 pastor because of the noise.

11:10:17 And the next problem you got NAACP wants to come and say

11:10:24 than the senior seniors that represent NAACP for years,

11:10:28 these are the ones they should be protecting from this

11:10:30 noise.

11:10:31 We are taking a beating three. Years ago a man draw a gun

11:10:34 on me 2:00 in the morning.

11:10:35 I ran out in my pajamas.

11:10:37 Turn down your music.

11:10:39 He draw a gun.

11:10:40 I spend $6,000 for this.

11:10:42 I kill you.

11:10:42 This is wrong.

11:10:44 We have been very patient.

11:10:44 The police department been patient.

11:10:46 All been patient.

11:10:49 The senior seniors have been patient.

11:10:51 The church has been patient. The City Council has been

11:10:53 patient.

11:10:53 There's time to act now.

11:10:56 They need to go to jail the third time.

11:10:59 They need to pay a fine.

11:11:03 Contain this noise.

11:11:04 It is out of control.

11:11:04 It's like a crack cocaine endemic and it can't be stopped.

11:11:09 And finance they don't contain this noise they need to go to

11:11:14 jail the third time and I'm pretty sure Mr. Reddick would

11:11:17 agree, I'm pretty sure Mr. Chairman would agree, I'm pretty

11:11:20 sure Mr. Cohen will agree.

11:11:21 This noise is out of control.

11:11:25 It has to be contained.

11:11:26 Thank you.

11:11:29 >>CHARLIE MIRANDA: Mrs. Capin?

11:11:30 >>YVONNE CAPIN: Thank you.

11:11:33 (off microphone) oh, thank you.

11:11:40 Mrs. Kert, please.

11:11:44 When you look at -- is a felony arrest dealt with

11:11:54 differently than a misdemeanor?

11:11:58 >>REBECCA KERT: Well, they can be but an ordinance

11:12:00 violation is neither misdemeanor or felony.

11:12:03 It is not even a fine.

11:12:04 It's strictly an ordinance violation.

11:12:05 >>YVONNE CAPIN: Thank you.

11:12:09 It's an ordinance violation.

11:12:12 Okay.

11:12:15 Then the ordinance does not mandate jail time.

11:12:22 Is it an option for the judge?

11:12:23 Explain to me that part.

11:12:24 >>REBECCA KERT: Correct.

11:12:27 As written currently, what the ordinance now says is that on

11:12:33 the third time is it is an arrestable offense which then

11:12:37 would go to a court, if someone was found guilty or pled

11:12:40 guilty, the court has options.

11:12:42 The maximum the judge could do would be 60 days in jail and

11:12:47 a $500 fine.

11:12:48 More commonly what you are going to see is a withhold

11:12:51 adjudication, and an assessment of court costs.

11:12:55 But the maximum is as previously stated.

11:13:00 >>YVONNE CAPIN: So we are looking at a fine of 250, 450,

11:13:04 that's $700.

11:13:05 By the third time they have paid $700.

11:13:09 And someone said about, you know, making it painful.

11:13:13 And for a lot of people, I would find that very painful.

11:13:17 Then there's $500.

11:13:21 Which totals $1200.

11:13:24 Also, you know, someone came up here and said, you know, a

11:13:29 few people making a lot of noise.

11:13:30 And he's right, because for ten years, that person that sent

11:13:37 the letter to the mayor pleading, help me, we need to sleep,

11:13:44 I can't sleep.

11:13:44 That person and ten neighbors did call.

11:13:50 For ten years they were putting up with this.

11:13:53 So, yeah, there is a few.

11:13:54 And the young man that came up and said it's profiling, he

11:13:59 himself -- I would like to know -- he said, now it's

11:14:05 profiling because it's commonly known who is riding around

11:14:09 with the loud music.

11:14:11 Really? That's the most bigoted racist remark I've heard

11:14:14 today.

11:14:17 Today.

11:14:23 This is the opposite of what he was trying to say, that this

11:14:30 is a form ever profiling.

11:14:31 When he himself described who he thought was commonly riding

11:14:40 around with loud music.

11:14:43 So that argument does not hold water at all.

11:14:50 I just have to make those points because, yes, it is a few

11:14:54 people.

11:14:54 It's a few people that put it up with it for years.

11:14:59 So thank you.

11:15:00 >>CHARLIE MIRANDA: Mr. Reddick.

11:15:01 >>FRANK REDDICK: Thank you, Mr. Chair.

11:15:09 Let me just start off by saying that no one has to come

11:15:13 before this council body and tell me about my blackness.

11:15:21 I'm 57 years old, and been black for 57 years.

11:15:24 And ain't going to change now.

11:15:29 So I don't need anyone to tell me about my blackness.

11:15:32 But let me say this.

11:15:33 And when we first discussed this, several months ago, we

11:15:41 were counting on the Florida legislators.

11:15:45 The Florida legislature failed in their duty to get this

11:15:48 done.

11:15:49 They didn't get it done.

11:15:52 Tampa police want this done.

11:15:57 Citizens of this community want this done.

11:15:59 And if I agree as a compromise to not deal with the jail

11:16:09 issue, but I agree to increase the penalty and I think it's

11:16:15 the responsibility of council to get this done.

11:16:19 And get it done today.

11:16:22 Because these people continue to come.

11:16:29 It's not just these people.

11:16:31 I can't go to the -- when are you going to do something

11:16:37 about the noise ordinance in the City of Tampa?

11:16:38 You know, I love the go, and my good friend, Jim Hargrett

11:16:50 who is sitting throughout now, buck I got people questioning

11:16:54 about the noise.

11:16:55 I go in and stand there 30 minutes and I have to hear all

11:17:02 this noise.

11:17:03 And I think we are at the point now that this needs to be

11:17:05 done.

11:17:06 And Mr. Chair, I want to make a motion to accept the staff

11:17:16 recommendation of a class 2 penalty to be included as part

11:17:19 of the ordinance.

11:17:22 >>CHARLIE MIRANDA: I have a motion.

11:17:23 Let me address the motion, then we'll go to discussion.

11:17:25 I have a motion by Mr. Reddick.

11:17:29 I have a second by Mr. Suarez.

11:17:30 >> I want to offer ooh A friendly amendment.

11:17:37 >>MIKE SUAREZ: May I ask first, are you saying class 2 and

11:17:41 remove jail time as a third offense, or just to add a class

11:17:44 2 and continue to have jail time as a third offense?

11:17:48 >>FRANK REDDICK: Yes.

11:17:49 Because what I want to do, I didn't want you to have

11:17:51 duplication as you mentioned before where they have to have

11:17:54 two sets of papers.

11:17:56 So if this can be included, current civil penalty.

11:17:59 That's the point I am trying to make.

11:18:01 >>REBECCA KERT: Yes.

11:18:01 What I would recommend is that if it's the board's consent

11:18:07 that you want to do a violation that there's direction that

11:18:10 I change the code to make it a class 2 violation, I will

11:18:13 removed the mandatory portion of jail time from the

11:18:19 ordinance, and it will be covered under your general like

11:18:23 every other ordinance and you also previously mentioned

11:18:26 removing code enforcement and code inspectors.

11:18:29 >>FRANK REDDICK: That's the motion.

11:18:31 >>CHARLIE MIRANDA: That means that that the police

11:18:33 department still has the right to arrest you.

11:18:35 >>REBECCA KERT: They do as they do under virtually

11:18:38 everything in your code.

11:18:40 >>CHARLIE MIRANDA: All right.

11:18:40 >>MIKE SUAREZ: Just in a different part of the code is what

11:18:43 you are saying.

11:18:44 >>REBECCA KERT: Yes, like the majority of your ordinances,

11:18:46 yes.

11:18:46 >>MIKE SUAREZ: Terrific.

11:18:48 Thank you.

11:18:53 We'll dispense with it.

11:18:54 >>LISA MONTELIONE: I was going to ask for an amendment if

11:18:58 Mr. Reddick would accept the amendment because he already

11:19:00 stated that he would want to not deal with the jail time

11:19:03 and, you know, as Ms. Kert said, 1.6 is available for a lot

11:19:10 of other offenses but I feel very strongly that jail time

11:19:14 should not be one of the things that is able to be levied

11:19:22 upon someone in violation of a violation of our code of

11:19:28 ordinances, as Ms. Kert has stated, this is not a crime, and

11:19:33 jail time is usually associated with a crime.

11:19:35 So I would ask that, you know, I would absolutely agree,

11:19:38 class 2 as stated as the civil penalty with the specific

11:19:45 removal of section 1.6 as an option.

11:19:49 >>FRANK REDDICK: I won't accept that amendment and here is

11:19:53 the reason why.

11:19:54 Mrs. Kert just made it clear to us that law enforcement

11:19:57 still has that option.

11:19:58 We are not making it mandatory but they still have that

11:20:01 option if they want to.

11:20:02 So I will not accept that amendment.

11:20:06 >>CHARLIE MIRANDA: Okay.

11:20:07 You are not accepting the amendment.

11:20:08 Okay.

11:20:08 I understand now.

11:20:09 Mr. Cohen.

11:20:10 >>HARRY COHEN: Thank you, Mr. Chair.

11:20:15 Originally, I had indicated that I would be supportive of

11:20:19 putting this in the class 3 category.

11:20:21 But I will absolutely concur with my colleagues for it to be

11:20:27 in section 2.

11:20:27 I also agree with Mr. Reddick's position regarding the jail

11:20:36 time in the sense that I also agree that we should give the

11:20:40 discretion to the officers once it reaches a third offense.

11:20:44 I just want to make one statement regarding this entire

11:20:47 discussion, that has taken place today.

11:20:51 With all due respect to all of the speakers of the day, and

11:20:54 also from the public, the one thing that struck me as we

11:20:58 were all talking through this is that the volume at which

11:21:02 you play your car stereo is a voluntary act.

11:21:06 Nobody is compelled to blare the music out of their car by

11:21:12 any other act other than their own.

11:21:15 And some how the idea that people that repeatedly violate

11:21:19 the noise ordinance are going to be victimized by being held

11:21:22 accountable, to me just does not hold water.

11:21:26 I am very, very happy to support what I think was a

11:21:29 reasonable compromise today.

11:21:32 But by any standard, I believe that in this type of a

11:21:35 situation, people should be held accountable when they

11:21:39 disturb the piece of their neighbors around them.

11:21:42 And to the issue of how much different council members have

11:21:45 heard from their constituencies, I have been inundated since

11:21:50 we discussed this for the first time with people commenting

11:21:53 to me about it, on the street, in the grocery store, at the

11:21:57 gas station, and I have yet to have one come up to me and

11:22:01 disagree and say that they think that somehow we should be

11:22:05 more lenient on people that are disturbing the peace of

11:22:11 their neighbors or in many cases not their neighbors, the

11:22:15 people that live in neighborhoods other than their own.

11:22:17 Thank you.

11:22:17 >>MIKE SUAREZ: Thank you, chair.

11:22:19 I want to kind of piggyback on Mr. Cohen's comment.

11:22:22 I think that if you are looking at a third offense, and

11:22:25 someone going off to jail, you are either incorrigible or

11:22:32 flatly not wanting to be part of this community.

11:22:35 I think that the idea that you have to be told over and over

11:22:39 and over again that you are in a neighborhood, and that you

11:22:42 shouldn't play your radio at a certain volume at all times

11:22:45 of the night, shows a total disregard for the people that

11:22:48 are around them.

11:22:49 And I am going to talk about a particular incident that

11:22:52 happened to me and my family back probably about three or

11:22:57 four years ago.

11:22:58 My family's home, the place write grew up, is right near

11:23:01 Tampa stadium, and one of the things that has been a truism

11:23:05 of our family for the last, you know, 49 years, or I should

11:23:09 say since it started in 1976 is there are people that go to

11:23:14 the games, there are people that tailgate, and there are

11:23:19 people that sometimes don't understand the difference

11:23:21 between being in someone's neighborhood and parking near

11:23:25 their neighborhood and enjoying a football game.

11:23:31 There is an empty lot behind my parents' home, runs all the

11:23:35 way along a block that we live on, or I used to live on and

11:23:39 my parents still do, and there was a group of folks in back

11:23:42 that were playing their radios loud and using allowed

11:23:48 speaker that was attached to a vehicle to talk in a way that

11:23:52 was not conducive to community living.

11:23:56 I went, like Ms. Montelione mentioned, I think we all owe it

11:24:01 to ourselves as members of the community to try to tell

11:24:04 people when they are not meeting the standard that we expect

11:24:06 in our own neighborhoods.

11:24:07 I went around to the other side, talked to the folks.

11:24:14 They in no uncertain terms laughed me out.

11:24:17 They weren't going to put down the volume.

11:24:19 They weren't interested in what I had to say.

11:24:21 They didn't care that I was there enjoying a Sunday

11:24:23 afternoon dinner with my parents and my children who at the

11:24:27 time were probably 14 and under.

11:24:31 And they did not have any way -- we did not have any way to

11:24:36 stop them.

11:24:36 Civil discussion did not solve it.

11:24:41 And I did talk to them in a kindly and civil way.

11:24:45 I had to call the police then.

11:24:46 The police did show up.

11:24:48 Eventually those folks left.

11:24:50 When you are inundated with noise, that is the one thing

11:24:54 that you can't stop.

11:24:55 It is -- it travels through the air.

11:24:58 There's no way that you can make it stop unless the person

11:25:00 that is causing that noise decides to stop.

11:25:04 There's a reason why the folks that are part of law

11:25:07 enforcement and part of the military, they use noise to

11:25:12 disturb those people that are hostage situations because

11:25:19 it's one thing they can use short of shooting or

11:25:21 apprehending them physically that will bother them enough to

11:25:26 cause them to be in disarray.

11:25:29 So I think that the penalties that we have discussed here,

11:25:32 the compromise that we have in terms of how we are going to

11:25:36 class these offenses, I think are fair to those people that

11:25:39 are out there.

11:25:40 If they don't know about it now, they will know about it

11:25:43 after their first offense.

11:25:44 If they don't know about it after their first offense, they

11:25:47 will after their second.

11:25:48 And I guarantee you, they will understand it after the

11:25:50 third.

11:25:51 Thank you, chair.

11:25:53 >>CHARLIE MIRANDA: Thank you very much.

11:25:54 Mrs. Montelione.

11:25:54 Then let's wrap this up.

11:25:56 >>LISA MONTELIONE: Thank you, sir.

11:25:58 Thank you for indulging me once again.

11:25:59 I heard the word compromise used.

11:26:01 But, you know, it's still going to carry jail time, because

11:26:04 it's still going to refer to 1.6, and that's possible jail

11:26:08 tame.

11:26:09 So I am not sure where the compromise is, except that I

11:26:11 believe that class 2 -- I don't have the civil penalties in

11:26:16 front of me.

11:26:17 Ms. Kert, can you remind me what class 2 is, the dollar

11:26:21 amount?

11:26:21 >>REBECCA KERT: Rebecca Kert, legal department.

11:26:24 Class 2 for first offense is $150.

11:26:27 For a second offense is $300.

11:26:29 For third and subsequent offenses it's $450.

11:26:32 >> So it's slightly lower than what was proposed, so I guess

11:26:37 part of it is compromise.

11:26:41 But it still carries a possibility of jail time.

11:26:45 And I really think that Mrs. Kert is right, what's going to

11:26:53 happen, if anyone is arrested, that they are going to court

11:26:57 go to court, we are going to have an officer arrest someone,

11:27:01 we are going to have the processed to one of our facilities,

11:27:08 they are going to have to appear in court, they are going to

11:27:10 lose time at work, they are going to lose time out of school

11:27:12 or whatever the case may be.

11:27:14 It's going to get before a judge.

11:27:16 And a judge is going to withhold adjudication, and a fine,

11:27:23 which means we just wasted everybody's time, we just had

11:27:26 this person taken out of their daily life,

11:27:34 And the courts are going to say, jail time for a noise

11:27:37 ordinance?

11:27:37 I think our prison system is a little overburdened to begin

11:27:40 with, so they are not likely to put anybody in jail for a

11:27:46 long time.

11:27:47 Realizing that, I realize that.

11:27:51 Somebody sit in jail for 630 days.

11:27:56 But I still can't really, in my heart, support something

11:28:01 that is not a crime, it's a violation of a code of

11:28:05 ordinances.

11:28:06 We have -- like Councilwoman Capin pointed out, by the time

11:28:12 you get to first, second, third, it all adds up.

11:28:15 That's going to be a hefty dollar amount to fork over.

11:28:19 They continue.

11:28:20 I don't know what happens after the fifth, sixth, seventh

11:28:23 offense.

11:28:24 I'm not sure.

11:28:27 What I also am concerned about is how are we going to

11:28:32 communicate to individuals that something that they have

11:28:35 been doing all along is now punishable by possible jail time

11:28:43 and arrest?

11:28:44 We have got a lot of auto shops around town, after-market

11:28:51 equipment.

11:28:52 It's very expensive.

11:28:53 Are they going to be required to tell their customers that

11:28:56 if you buy this equipment and you use this equipment, then

11:29:00 you are going to be violating a city ordinance and subject

11:29:03 to hefty fines and jail time?

11:29:07 So I'm not sure how we are going to communicate this message

11:29:10 so that we can issue a warning to our citizenry that they

11:29:17 are now committing a violation of our code of ordinances.

11:29:22 So, you know, I don't know if I am going to vote for this or

11:29:26 against this, because I am torn.

11:29:31 It absolutely is needed.

11:29:32 I understand the need for a noise ordinance.

11:29:34 I absolutely agree that people should be find.

11:29:36 It is a voluntary act.

11:29:38 But I still will not support something that even remotely

11:29:43 carries a possibility of sending someone to jail for a

11:29:46 violation of our code of ordinances.

11:29:47 >>FRANK REDDICK: Call for the question.

11:29:51 >>CHARLIE MIRANDA: Thank you very much.

11:29:51 Let me speak, if I may.

11:29:53 I grew up in Tampa just like most of you have.

11:29:55 It makes no difference what neighborhood it is.

11:29:57 I don't compare neighborhood.

11:29:59 They are all the same.

11:30:00 They are all good.

11:30:01 They are all great.

11:30:02 But I venture to say that all these people, no matter if you

11:30:05 are young, middle age or old, that play this music at a loud

11:30:10 disturbance to the general public, all of them have been

11:30:13 told hundreds of times if not more than that by their

11:30:18 neighbors, by their family members, by their parents, by the

11:30:23 relatives, by everyone, to stop this, that they can't take

11:30:28 it no more.

11:30:29 There's nothing wrong.

11:30:30 Listen, you want to go deaf?

11:30:32 Put it into the radio, put it at a thousand decibels.

11:30:35 That's your problem, not mine.

11:30:36 You want to go buy a pack of cigarettes and get more likely

11:30:40 the problem that you are going to get cancer, that's your

11:30:44 decision, not mine.

11:30:45 You want to go out and get a DUI and drive drunk, I don't

11:30:49 like it.

11:30:50 That's your decision, not mine.

11:30:52 But when the point comes that people are told, good people

11:30:56 are told -- telling them that far this is enough, that you

11:31:00 are disturbing society, that the respect of others is not

11:31:03 being held to a standard that we should all live, that

11:31:07 becomes our problem.

11:31:07 It becomes all our problems.

11:31:09 When you look at these things and you compare them to what's

11:31:12 been happening for years now, it becomes where it's

11:31:16 unbearable throughout the city.

11:31:17 And the car is only one thing.

11:31:22 Later on we are going to speak about other noises that comes

11:31:24 from loud parties.

11:31:26 You cannot, if society has gotten larger and smarter in

11:31:33 technology, gone wild, you can do about anything you want.

11:31:36 You can crack into a system and listen to the satellite

11:31:38 people speak if you have the technology.

11:31:40 You can do whatever you do.

11:31:42 But you just can't disturb them.

11:31:44 That's all this is about.

11:31:46 When you are told the first time by somebody, and you get a

11:31:49 ticket for the first offense, and they tell me ain't smart

11:31:53 enough to know if you do it again you are going to get the

11:31:56 second ticket?

11:31:57 Problem ain't mine.

11:31:58 The problem becomes yours.

11:32:00 You get the second ticket, you aren't smart enough to

11:32:03 realize you are going to get the third ticket?

11:32:06 That ain't my problem, that's your problem.

11:32:08 I can't solve all the world's problems.

11:32:10 But I can solve this one.

11:32:13 Or so to speak I can solve this one.

11:32:15 And now that after that second ticket, now you are going to

11:32:18 go to jail possibly if the police officers so deem it to be,

11:32:23 and I guess that's going to be an attitude, that's your

11:32:27 problem, not mine.

11:32:29 So it's a hard thing.

11:32:30 I don't like to be see anybody go to jail. But at what

11:32:34 point do we stop these things? When you look at society and

11:32:37 you see somebody has a rap sheet of 20 things that started

11:32:40 with some thing and at the end they commit murder, how did

11:32:44 it get there?

11:32:45 Well who are we going to blame? Don't blame me.

11:32:49 Don't blame anyone there.

11:32:51 Don't blame anyone here.

11:32:52 It's that individual who committed the crime. I didn't

11:32:54 commit the crime.

11:32:56 It's got to stop.

11:32:59 These things have got to be focused on what you do to the

11:33:05 respect of others.

11:33:06 And that's waits all's about the respect of society.

11:33:10 All of our society.

11:33:11 And Mr. Reddick called for the question.

11:33:13 So it's time to vote.

11:33:17 Shopping going to move this ordinance?

11:33:21 >>LISA MONTELIONE: Are you going to come back with the

11:33:23 ordinance?

11:33:24 >>CHARLIE MIRANDA: Will you state it again on the ordinance?

11:33:25 >>REBECCA KERT: Legal department.

11:33:27 I will come back with two substitute ordinances, first

11:33:31 removing code enforcement and code inspectors.

11:33:34 Second making the penalty be class 2 violation and removing

11:33:39 the mandatory jail time on the third offense.

11:33:43 >>CHARLIE MIRANDA: And for the general public that will be

11:33:44 sometime after 1:30.

11:33:48 And we do this agenda for about 25 minutes, that's all we

11:33:51 are going to have.

11:33:52 I appreciate all of you coming down, both sides.

11:33:54 That's what we are all about.

11:33:55 And I appreciate the comments from City Council members and

11:33:58 respect them all.

11:33:59 Thank you very much.

11:33:59 >> We already have the first and second.

11:34:07 >>MARTIN SHELBY: You need to vote on this motion.

11:34:09 >>CHARLIE MIRANDA: Seconded by Mr. Suarez, I remember.

11:34:11 >>LISA MONTELIONE: But Mr. Reddick's motion -- I don't

11:34:14 understand how we can vote on the motion when legal

11:34:17 department has to come back with a substitute ordinance.

11:34:19 >>REBECCA KERT: The motion is you direct me to come back.

11:34:22 >>LISA MONTELIONE: Okay.

11:34:23 Motion by Mr. Reddick, second by Mr. Suarez.

11:34:26 All in favor of that motion?

11:34:28 Opposed nay?

11:34:29 Motion passes unanimously.

11:34:31 Thank you very much.

11:34:32 Okay.

11:34:33 We go to -- I am just going to follow the agenda to be 69.

11:34:37 This is the public hearing.

11:34:39 On 69.

11:34:39 >>MARTIN SHELBY: Of the is also companion part of 68.

11:34:45 >>CHARLIE MIRANDA: I need a motion to 69 to bring it back

11:34:48 with its companion 68 at the proper time.

11:34:51 I have a motion by Mrs. Capin, second by Mr. Reddick.

11:34:54 All in favor?

11:34:55 Opposed?

11:34:55 The ayes have it unanimously.

11:34:57 Item number 70.

11:35:03 Anyone here on item number 70?

11:35:05 707?

11:35:06 And this is really related to 71 also.

11:35:11 >>CATHERINE COYLE: Item 70 and 71 are the privately

11:35:19 initiated amendments.

11:35:21 Number 70 was for the minor change.

11:35:23 >>CHARLIE MIRANDA: Right, New Year's Eve.

11:35:26 >>CATHERINE COYLE: That one day allowing sales to 2 a.m.

11:35:29 instead of midnight and item 71 was the municipals airport

11:35:33 district allowing adult daycare and there have been no

11:35:38 objections from staff or the public.

11:35:39 Planning Commission found it consistent.

11:35:41 >>CHARLIE MIRANDA: Item number 70. I am going to go to the

11:35:43 public.

11:35:43 Anyone care to speak on number 70?

11:35:46 70?

11:35:46 I see no one.

11:35:47 I have a motion to close by Mr. Cohen.

11:35:49 Second by Mr. Suarez.

11:35:52 Mr. Suarez beat out Mrs. Capin by one white hair.

11:35:57 All in favor of the motion?

11:35:59 And I mean that very nicely.

11:36:01 Opposed nay.

11:36:02 The ayes have it unanimously.

11:36:03 Who would care to read number 70?

11:36:06 >>MIKE SUAREZ: I will read that.

11:36:10 I move an ordinance being presented for second reading and

11:36:12 adoption, an ordinance of the city of Tampa, Florida

11:36:14 relating to temporary alcoholic beverage sales making

11:36:17 revisions total City of Tampa code of ordinances, chapter

11:36:20 27, zoning, amending section 27-132, regulations governing

11:36:25 individual special uses, repealing all ordinances or parts

11:36:28 of ordinances in conflict therewith, providing for

11:36:31 severability, providing an effective date.

11:36:32 >> Second?

11:36:35 >> motion by Mr. Suarez.

11:36:36 Second by Mr. Cohen.

11:36:40 Roll call vote.

11:36:41 Vote and record.

11:36:41 >>THE CLERK: Motion carried with Montelione and Muller

11:36:50 Hearn being absent.

11:36:53 >>CHARLIE MIRANDA: We are on item 71.

11:36:54 Yes, ma'am.

11:36:55 I know you spoke on it.

11:36:58 This is a privately initiated one.

11:37:00 >>CATHERINE COYLE: Map district.

11:37:05 No objections from staff or Planning Commission.

11:37:07 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

11:37:09 71?

11:37:10 7167?

11:37:10 I see no one.

11:37:11 Motion to close by Mr. Cohen.

11:37:12 Secretary by Mr. Suarez.

11:37:14 All in favor of the motion?

11:37:15 Opposed 9/11 the ayes have it unanimously.

11:37:17 Ms. Capin, would you kindly take number 71?

11:37:19 >>YVONNE CAPIN: An ordinance being presented for second

11:37:23 reading and adoption, an ordinance of the city of Tampa,

11:37:26 Florida relating to adult daycare, making revisions to City

11:37:30 of Tampa code of ordinances chapter 27, zoning, amending

11:37:34 section 27-43, definitions, amending section 27-171,

11:37:40 district regulations for M-AP airport compatibility

11:37:46 districts, repealing all ordinances or parts of ordinances

11:37:51 in conflict therewith, providing for severability, providing

11:37:55 an effective date.

11:37:57 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

11:37:59 Mr. Suarez.

11:38:00 Roll call vote.

11:38:01 Vote and record.

11:38:09 >>THE CLERK: Motion carried with Montelione and Mulhern

11:38:13 being absent.

11:38:16 >>CHARLIE MIRANDA: Item number 72.

11:38:17 >>CATHERINE COYLE: Planning and development.

11:38:20 This is the rooming house ordinance.

11:38:24 It went to the Planning Commission and through several

11:38:26 public workshops and the first public reading.

11:38:28 No objections from staff.

11:38:29 Planning Commission or the public on this.

11:38:32 Except the additional restrictions and clearer criteria on

11:38:35 what a rooming house is, and cleans up the definitions for

11:38:38 the different type of lodging units and dwelling units for

11:38:45 the city.

11:38:46 >>CHARLIE MIRANDA: Anyone care to speak on this item, number

11:38:49 72?

11:38:49 I have a motion to close by Mr. Cohen.

11:38:51 Second by Mr. Reddick.

11:38:53 All in favor of that motion please indicate by saying aye.

11:38:56 Opposed nay.

11:38:56 The ayes have it unanimously.

11:38:58 Mr. Reddick, would you kindly read number 72?

11:39:00 >>FRANK REDDICK: Move an ordinance being presented for

11:39:03 second reading and adoption, an ordinance of the city of

11:39:05 Tampa, Florida relating to rooming houses, making revisions

11:39:08 total City of Tampa code of ordinances, chapter 19, property

11:39:12 maintenance, and structure standard, amending section 19-235

11:39:17 rooming houses, amending chapter 27, zoning and land

11:39:21 development, amending section 27-43, definitions, amending

11:39:25 section 27-132, regulations governing individual special

11:39:30 uses, amending section 27-156, official schedule of district

11:39:36 regulations, amending section 27-177, historic district

11:39:41 established, creating section 27-282.24, rooming houses,

11:39:48 repealing all ordinances or parts of ordinances in conflict

11:39:52 therewith, providing for severability, providing an

11:39:54 effective date.

11:39:57 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

11:39:59 Seconded by Mr. Cohen.

11:40:00 Roll call vote.

11:40:01 Vote and record.

11:40:04 >>THE CLERK: Motion carried with Muller Hearn being absent.

11:40:11 >>CHARLIE MIRANDA: Item number 73.

11:40:12 73.

11:40:13 Yes, ma'am.

11:40:13 >>CATHERINE COYLE: Planning and development.

11:40:16 This is the change to regulations, moving the animal

11:40:21 regulations from chapter 19 to chapter 27 and cleaning up

11:40:24 the definitions of small cow and large cow.

11:40:31 This doesn't include chickens.

11:40:33 Chickens are not included in this.

11:40:35 This is just a clean-up of the animal regulation.

11:40:38 The updated ordinance for you, not the title.

11:40:41 The time is the same.

11:40:42 But this does include the motion that council made for 11 to

11:40:49 20 animals, with no overnight stays permitted.

11:40:52 That change was made.

11:40:54 And we are here for any questions.

11:40:55 >>HARRY COHEN: Is there a substitute ordinance?

11:40:58 >> Yes, there is.

11:40:59 It just includes the additional language.

11:41:00 >>MARTIN SHELBY: What we would like to file with the clerk.

11:41:06 >>CHARLIE MIRANDA: Anyone in the audience care to speak to

11:41:08 item number 73?

11:41:09 73?

11:41:15 I see no one.

11:41:16 I need a motion to receive and file that ordinance.

11:41:18 I have a motion by Mrs. Montelione, second by Mr. Suarez.

11:41:21 All in favor of that motion being received and filed, number

11:41:24 73, please signify by saying aye. Opposed nay.

11:41:26 The ayes have it unanimously.

11:41:28 Mr. Cohen?

11:41:29 73.

11:41:29 >>HARRY COHEN: Thank you, Mr. Chair.

11:41:32 I move an ordinance being prepared for second reading and

11:41:36 adoption, an ordinance of the city of Tampa, Florida

11:41:39 relating to animals making revisions to City of Tampa code

11:41:43 of ordinances, chapter 19, property maintenance and

11:41:46 structural standards, amending section 19-71, definitions,

11:41:51 amending and readopting section 19-72, permitted animals,

11:41:56 amending and readopting section 19-73, wild or exotic

11:42:02 animals, amending and readopting section 19-74, aquatic

11:42:06 animals, amending and readopting section 19-76, farm

11:42:10 animals, amending section 19-78, commercial kennels declared

11:42:15 a public nuisance, amending chapter 27, zoning and land

11:42:19 development, amending section 27-43, definitions, amending

11:42:24 section 27-158, official schedule of district regulations,

11:42:30 amending section 27-171, district regulations for M-AP

11:42:37 airport compatibility districts, amending section 27-177,

11:42:42 historic district established, amending section 27-183,

11:42:47 official schedule of permitted principal, accessory and

11:42:51 special use, amending section 27-198, offerings schedule of

11:42:56 permitted principal, accessory and special uses; amending

11:43:00 section 27-211.8, schedule of permitted uses by district;

11:43:06 section 27-282.25, small kennel, section 27-282.26, large

11:43:14 kennel; section 27-282.27, animals in general, repealing all

11:43:22 ordinances or parts of ordinances in conflict therewith,

11:43:26 providing for severability, providing an effective date.

11:43:27 >> Second.

11:43:30 >>CHARLIE MIRANDA: I have a motion by the amended council

11:43:32 member Mr. Cohen on item number 75 [ Laughter ] seconded by

11:43:38 Mr. Suarez.

11:43:39 This is a roll call vote.

11:43:42 Vote and record.

11:43:50 >>THE CLERK: Motion carried with Mulhern and Reddick being

11:43:52 absent.

11:43:54 >>CHARLIE MIRANDA: I want to ask the council to please let

11:43:55 me open items -- what is it now, 90 --

11:44:03 >>MARTIN SHELBY: 99, please.

11:44:05 >> Is it 97 through --

11:44:17 >> Just 99.

11:44:19 >>

11:44:21 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez to open,

11:44:23 second by Mrs. Capin.

11:44:24 All in favor?

11:44:26 Opposed?

11:44:27 Yes, ma'am.

11:44:27 I know you are billing somebody and you want to save them

11:44:30 some money.

11:44:30 >> Thank you very much.

11:44:31 We were here on appeal of the variance, and for taking of

11:44:34 property which included a sign.

11:44:37 The customer --

11:44:39 >> I'm sorry you can cut to the chase.

11:44:42 >> We ask for a continuance until August, earliest,

11:44:46 September, whatever.

11:44:48 >>CHARLIE MIRANDA: Got it.

11:44:49 Thank you very much.

11:44:49 You have got to ask me for a date.

11:44:52 August 22nd.

11:44:53 >> That would be perfect.

11:44:55 >>CHARLIE MIRANDA: Anyone in the audience care to discuss

11:44:56 only on the continuance of item number 99?

11:44:59 Only the continuance.

11:45:00 I see no one.

11:45:02 I need a motion from council to continue this to August

11:45:05 22nd, 2013 at 10:30 in the morning.

11:45:08 Motion made by Mr. Suarez, I believe seconded by Mrs. Capin.

11:45:11 Further discussion by council members?

11:45:13 All in favor of the motion indicate by saying aye.

11:45:15 Opposed nay.

11:45:15 The ayes have it unanimously.

11:45:18 Continued to August 22nd.

11:45:19 Thank you.

11:45:20 All right. We go back, 735 is complete.

11:45:23 We go back now -- 73, I'm sorry.

11:45:32 -- I'm sorry.

11:45:34 We go to 74 through 80.

11:45:36 These are quasi-judicial proceedings.

11:45:37 You will have be sworn in to speak.

11:45:40 I need a council to receive and file all the documents on 74

11:45:45 through 80.

11:45:47 Motion by Mr. Suarez, second by Mr. Cohen.

11:45:49 The ayes have it unanimously.

11:45:51 Receive and file.

11:45:53 These are quasi-judicial.

11:45:54 You must be sworn N.anybody to be speak on 74 through 80,

11:45:57 please rise and be sworn in.

11:45:59 (Oath administered by Clerk)

11:46:14 >>MIKE SUAREZ: Have we opened them already?

11:46:16 Motion to open items 74 through 80.

11:46:20 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

11:46:21 Second by Mrs. Montelione.

11:46:23 All in favor of the motion?

11:46:25 Opposed?

11:46:25 The ayes have it.

11:46:26 Motion is -- they are now open.

11:46:30 >>JOEL SOUSA: Land development.

11:46:31 Here for item 74, 7 5:76.

11:46:34 Site plan certified by the zoning administrator and given to

11:46:36 the clerk's office.

11:46:37 Staff is here for any questions.

11:46:39 >>CHARLIE MIRANDA: Thank you very much.

11:46:39 All right.

11:46:41 74.

11:46:43 Anyone here on item number 74?

11:46:50 Yes, sir.

11:46:58 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza on behalf

11:47:01 of the petitioner requesting approval on second reading this

11:47:03 morning.

11:47:04 >>CHARLIE MIRANDA: Thank you very much.

11:47:05 Anyone in the audience care to speak on item 74?

11:47:07 Anyone in the audience care to speak on 746?

11:47:09 I see no one.

11:47:10 I need a motion to close.

11:47:12 >>HARRY COHEN: Let me ask one question of the petitioner.

11:47:17 I was wondering, because this was a few weeks ago when we

11:47:20 dealt with this.

11:47:21 We had a discussion regarding the amplified music.

11:47:23 How did we end up resolving than?

11:47:26 >>JOHN GRANDOFF: There's a condition on the site plan

11:47:27 limiting amplified music to 11:00 p.m. as requested by

11:47:32 council.

11:47:32 >>YVONNE CAPIN: Thank you.

11:47:35 >>CHARLIE MIRANDA: No, petitioner requested that, not

11:47:37 council.

11:47:38 I can't request anything from you.

11:47:40 I don't want the record to be tainted in anyway.

11:47:42 >> We requested and it was glowingly approved by council.

11:47:48 >>CHARLIE MIRANDA: Thank you very much.

11:47:48 I wanted to make sure I was doing the right thing here.

11:47:50 Thank you, sir.

11:47:52 Need a motion by Mr. Suarez.

11:47:55 Second by Mr. Cohen.

11:47:56 All in favor of the motion?

11:47:57 Opposed?

11:47:58 The ayes have it unanimously.

11:48:00 Ms. Montelione, would you kindly take number 74, please?

11:48:03 >>LISA MONTELIONE: Thank you.

11:48:05 I move an ordinance being presented for second reading and

11:48:07 adoption, ordinance repealing ordinance number 4829-A,

11:48:12 approving a special use permit S-2 for alcoholic beverage

11:48:15 sales, bar/lounge on premises only and making lawful the

11:48:19 sale of beverages regardless of alcoholic content, beer wine

11:48:22 and liquor on that certain lot, plot or tract of land

11:48:25 located at 3311 west Bay to Bay Boulevard, Tampa, Florida as

11:48:28 more particularly described in section 3, that all

11:48:30 ordinances or parts of ordinances in conflict are repealed,

11:48:34 providing an effective date.

11:48:34 >> Second.

11:48:36 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

11:48:38 I have a second by Mr. Suarez.

11:48:39 This is a roll call vote.

11:48:40 Vote and record.

11:48:46 >>THE CLERK: Motion carried with Mulhern and Reddick being

11:48:51 absent at vote.

11:48:53 Or absent, rather.

11:48:55 >>CHARLIE MIRANDA: Go to item number 75.

11:48:57 Yes, sir.

11:48:57 Petitioner.

11:48:58 >> Ron Stewart.

11:49:06 1238 East Kennedy Boulevard in Tampa.

11:49:10 And I request that the City Council consider for adoption

11:49:16 the ordinance that was presented.

11:49:20 >>CHARLIE MIRANDA: Anyone in the audience that would dire

11:49:21 speak on item number 75?

11:49:23 75?

11:49:25 Need a motion to close.

11:49:27 I have a motion by Mr. Suarez, second by Mrs. Montelione.

11:49:30 75.

11:49:30 All in favor of the motion indicate by saying aye.

11:49:33 The ayes have it unanimously Mr. Suarez, would you kindly

11:49:37 take number 57?

11:49:38 >>MIKE SUAREZ: I move an ordinance for second reading and

11:49:40 adoption, an ordinance repealing ordinance number

11:49:42 25003-22737 approving a special using permits S-2 for

11:49:48 alcoholic beverage sales, restaurant, on premises only,

11:49:52 making lawful the sale of beverages regardless of alcoholic

11:49:54 content, beer, wine and liquor, on that certain lot, plot or

11:49:59 tract of land located at 912-918 West Kennedy Boulevard,

11:50:04 Tampa, Florida, as more particularly described in section 3,

11:50:07 that all ordinances or parts of ordinances in conflict are

11:50:10 repealed, providing an effective date.

11:50:14 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

11:50:15 I have a second by Mr. Reddick.

11:50:17 Roll call vote.

11:50:18 Vote and record.

11:50:26 >>THE CLERK: Motion carried with Cohen voting no and

11:50:31 Mulhern being absent.

11:50:37 >>CHARLIE MIRANDA: I have been asked to do 97 by council

11:50:39 member, and I would like to have council indulge us.

11:50:43 That's already been opened.

11:50:44 This is a public hearing on 97.

11:50:48 Yes?

11:50:49 >>BARBARA LYNCH: Land Development Coordination.

11:50:52 I have not been sworn in.

11:50:56 >>CHARLIE MIRANDA: Anyone that hasn't been sworn in.

11:50:59 (Oath administered by Clerk)

11:51:06 I do.

11:51:06 This is an application --

11:51:09 >>CHARLIE MIRANDA: We opened these earlier.

11:51:11 I did 97 through 100.

11:51:13 >> This is an application by the City of Tampa, the city is

11:51:20 the applicant, to vacate an alley and a portion of 34th

11:51:24 street in East Tampa, and I am going to put a map on the

11:51:28 overhead.

11:51:28 And the alley lies north of Dr. Martin Luther King Jr.

11:51:32 Boulevard, south of Ida street and runs between 33rd

11:51:35 street and 34th street.

11:51:45 The area to be vacated is outlined in yellow. I have some

11:51:48 photos.

11:51:50 The first is the alleyway looking east from 33rd street.

11:51:58 The next is the alleyway looking west from 34th street.

11:52:05 And then the next photo is the portion of 34th street to

11:52:09 be vacated.

11:52:10 This is looking south towards Dr. Martin Luther King Jr.

11:52:13 Boulevard.

11:52:14 And it's outside the fenced area.

11:52:21 This area down here.

11:52:24 Next is a photo of 34th street looking north toward the

11:52:27 alleyway to be vacated from Dr. Martin Luther King Jr.

11:52:30 Boulevard.

11:52:31 This is an abutting property, the southwest corner of Ida

11:52:38 and 34th street, a commercial business.

11:52:43 And the alleyway runs behind this property.

11:52:47 And then this is the abutting property at the corner of

11:52:50 34th and Dr. Martin Luther King Jr. Boulevard.

11:53:08 Whereby and the last from 34th street.

11:53:10 Staffer has no objection to this request.

11:53:12 There is water easement required over the portion of

11:53:16 34th street to be vacated.

11:53:21 >>CHARLIE MIRANDA: Thank you.

11:53:21 This is a public hearing.

11:53:22 Anyone in the audience dire speak on item number 97, come

11:53:26 forward.

11:53:41 (Oath administered by Clerk)

11:53:41 >> My name is Martinez Wright, and my property is where the

11:53:45 fence is.

11:53:46 And I already provided City Council with all the necessary

11:53:51 documents, in the interest of my wife.

11:53:55 We want to go on record as categorically denying this

11:53:59 because the alleyway provides me access to my commercial

11:54:02 property.

11:54:03 And on the other side where those plants were, I applied

11:54:08 with the city for a permit to have those installed back in

11:54:12 2002.

11:54:12 So I have a legal contract, legal document to support all of

11:54:16 my interests to deny this.

11:54:20 >>FRANK REDDICK: Could you show us --

11:54:29 >> Well, she has the best pictures.

11:54:49 Right here.

11:54:54 That's access to my commercial property.

11:54:56 All of that corner belongs to my wife and myself.

11:54:58 >>FRANK REDDICK: Okay.

11:55:00 >> And I applied with the city to have those no parking in

11:55:06 alley signs put in place, because I have constantly have

11:55:11 problems with people want to park in front of my gate and

11:55:14 deny me access to get outside.

11:55:18 And I end up having to call the cops all the time.

11:55:20 So I need to have that gate there to have access to that

11:55:24 alleyway and I can't do that if the alley is closed.

11:55:27 >>FRANK REDDICK: All right.

11:55:30 And that's your house next to it, right?

11:55:33 >> Yes.

11:55:33 Yes, yes.

11:55:35 And I don't want to be punished for everything too much

11:55:39 property.

11:55:39 But that's what it is.

11:55:42 All of that belongs to myself and my wife.

11:55:44 >>FRANK REDDICK: So you are not able to go -- if they

11:55:48 vacate this alleyway that means you won't have access in or

11:55:52 out.

11:55:53 >> Right.

11:55:53 That's my position.

11:55:55 And also, I want to add on the record, Mr. Harvey owns

11:56:03 property across from the apartment and the code enforcement

11:56:06 brought it up awhile back.

11:56:08 If he wants to remove his wood fence he will have adequate

11:56:12 amount of working for any and everybody.

11:56:15 But he wants to impose, impinge on others, and it's not

11:56:19 gonna happen.

11:56:20 >>FRANK REDDICK: All right.

11:56:27 So a question of staff.

11:56:33 So if you vacate this alleyway -- is this city property?

11:56:37 Who owns this property?

11:56:41 >>BARBARA LYNCH: It's not really owned by the city.

11:56:43 We have a right to use it by the plat.

11:56:45 The underlying deed in that property reverts to the abutting

11:56:48 owers if it's vacated.

11:56:50 So a portion of 34th street was acquired for

11:56:52 right-of-way so that is city owned.

11:56:54 And then that would have to be transferred.

11:57:00 This is part of, I believe, a lawsuit.

11:57:03 This action was taken upon the city to resolve another

11:57:06 situation which Mr. Martin can go into.

11:57:09 >> Good morning.

11:57:15 Jorge Martin, city attorney's office.

11:57:19 It is related to but not a part of a stipulation for the

11:57:24 resolution of certain claims made by Mr. Hargrett.

11:57:28 Mr. Hargrett has issues concerning where the asphalt

11:57:32 portions on 34th street and this property begins.

11:57:37 We have tried to resolve that by reaching an agreement on

11:57:43 boundaries. Whether that has to do with vacation of this

11:57:45 right-of-way.

11:57:46 The reason this right-of-way is being vacated, basically it

11:57:50 does not serve the function of the public right-of-way

11:57:52 anymore, hasn't for years and years.

11:57:55 And if you were to look at these photographs, one of the

11:58:03 driveway, Tampa alleyway, there is some asphalt throughout

11:58:07 the alleyway.

11:58:10 There are trees growing through it.

11:58:12 You can't go from one end of the alley through to the other

11:58:15 end.

11:58:18 I realize that the gentleman who spoke earlier does have

11:58:23 property that abuts that.

11:58:25 If the alley is vacated, he will own from his boundary

11:58:29 property to the middle of the alley.

11:58:33 On the opposite side will own his portion to the middle of

11:58:37 the alley.

11:58:38 However, this will no longer be an alley with throughway.

11:58:44 Now, the alley is meant for use by the public.

11:58:47 It's not meant to be used by any individual owner as his own

11:58:51 driveway in or out of his property.

11:58:53 The person who spoke -- and I believe there are photographs

11:58:57 here -- has full access to MLK.

11:59:00 So the vacation of this alley does not block access to

11:59:04 anybody to their property.

11:59:08 It may be more convenient to this owner to have that, but

11:59:11 the city is not obligated to maintain a basically a driveway

11:59:17 for an individual who is the only user.

11:59:19 On the other hand, there's nothing that would prevent

11:59:22 individuals that own property there from reaching agreement

11:59:25 as to how they want to use the property.

11:59:30 That's not for the city --

11:59:35 >>FRANK REDDICK: Let me interrupt and ask you one question.

11:59:37 The gentleman was just saying that the part where he pulled

11:59:42 this thing on that fence, that gate, you are saying to use

11:59:47 that to get into his property.

11:59:49 I guess that's the way it was explained.

11:59:52 So this vacating, are you saying he still has access to that

11:59:56 property?

11:59:58 >> He will not.

11:59:59 >>FRANK REDDICK: He will not.

12:00:00 >> He will not.

12:00:01 Again, as I said, he is using access to the rear of his

12:00:04 property.

12:00:05 He has full access to MLK from his property, if you look at

12:00:09 these photographs.

12:00:13 It's on there.

12:00:13 You have got them on there now.

12:00:15 >> Jorge Martin: I think there's some photographs here --

12:00:25 I'm terrible within this thing.

12:00:26 That's the property there.

12:00:27 That's his automobile.

12:00:29 That's access from there.

12:00:33 I don't know if you can see on this -- and I don't see any

12:00:36 driveway.

12:00:42 There's a gate.

12:00:43 There's no pathway.

12:00:45 There's no tire ruts or anything.

12:00:48 That's not something that is used as a driveway to his

12:00:52 property.

12:00:53 Maybe used for a convenience at some point.

12:00:55 But it's not necessary for his access.

12:01:01 Please, one at a time.

12:01:02 I only have two ears.

12:01:03 >> I'm not arguing.

12:01:06 I'm just explaining.

12:01:07 And that's what we have.

12:01:09 As I said, the use of right-of-way is for the public, not

12:01:14 for individuals.

12:01:16 The city hasn't had a public use in this location for many,

12:01:19 many years.

12:01:20 And by maintaining right-of-way, we probably -- or vacating

12:01:25 right-of-way, we will probably not have the additional

12:01:27 liability of maintaining this place that's required or

12:01:32 possibly having to bear risk of injury if somebody should

12:01:38 have something happen to them simply by ownership of the

12:01:41 premises, we have some risk.

12:01:44 >>CHARLIE MIRANDA: I need ten minutes to resolve this mess.

12:01:45 >>LISA MONTELIONE: Move to extend ten minutes.

12:01:48 >>CHARLIE MIRANDA: Seconded by Mrs. Capin.

12:01:50 All in favor of the motion?

12:01:51 Opposed?

12:01:52 Ayes have it unanimously.

12:01:54 Yes, sir, public hearing.

12:01:55 Yes, sir.

12:01:55 >> Good afternoon City Councilmen.

12:01:59 I am here to support --

12:02:02 >> I need your name and address, sir.

12:02:04 >> Oh, I'm sorry.

12:02:06 My name is Christian Nuvye. I am going to use Martin Luther

12:02:11 King. The commercial property. And also another property

12:02:21 right behind mine.

12:02:22 So I have two properties.

12:02:23 One is in front of MLK.

12:02:31 This alley is never used.

12:02:33 Because the alley --

12:02:43 >>FRANK REDDICK: You have got a picture.

12:02:45 >> The three in that -- huh?

12:02:57 This three, that alley is not used.

12:03:13 The reason why we have alleys just like this.

12:03:18 The alley doesn't -- the gentleman said it's an exit from

12:03:24 his house, access.

12:03:28 You know, in front of MLK, it's not a commercial property.

12:03:39 He lives there.

12:03:41 So I would like to have the alley closed.

12:03:49 Thank you.

12:03:51 >>CHARLIE MIRANDA: Mrs. Montelione?

12:03:53 >>LISA MONTELIONE: Thank you.

12:03:54 Can I have that photograph of the fence back up on the

12:03:58 overhead?

12:04:01 That one.

12:04:03 Okay.

12:04:06 That's one.

12:04:08 So where this railroad tie is, that's alongside the street,

12:04:14 correct?

12:04:15 Okay.

12:04:16 So if we vacate this alley, then as was described before,

12:04:24 and as is the case anytime we vacate an alley, or

12:04:28 right-of-way, half of that becomes the property owner's so

12:04:43 the own can move the fence out halfway through the alley --

12:04:49 and I'm just making a suggestion here.

12:04:58 And, you know, if they just had the gate on the end there

12:05:04 where it's adjacent to the street, still have access, like

12:05:08 Mr. Martin said, you know, it doesn't appear to be being

12:05:11 used for vehicle access, you know, as a driveway, but maybe

12:05:20 as a walking gate to move out thereof --

12:05:23 >>CHARLIE MIRANDA: Please, no interruption.

12:05:25 Please!

12:05:25 I understand your anxiety.

12:05:28 I understand.

12:05:28 But please, please, please.

12:05:30 I'm asking you for the second time.

12:05:31 Yes, ma'am.

12:05:32 I'm sorry.

12:05:32 >>LISA MONTELIONE: My point being that you have this is

12:05:34 adjacent to the street.

12:05:37 34th street that is.

12:05:44 So you are gaining extra property.

12:05:45 You are increasing the lot size of your current property.

12:05:48 And this can still be as an access.

12:05:55 I'm sorry, I don't see -- maybe didn't make the point clear

12:05:59 enough but I don't see what hardship there would be for you

12:06:03 if we are two close this alley.

12:06:05 >> Unfortunately, we are also vacating a portion of 34th

12:06:11 street that abuts basically where that fence is.

12:06:13 And it's my understanding that property will be transferred

12:06:16 to the Hargrett piece so he will be blocked.

12:06:23 His fence -- I have a little drawing of the configuration of

12:06:26 what the Hargrett property will look like.

12:06:31 This is the Hargrett property here.

12:06:33 And then here is that piece of alleyway they'll pick up on

12:06:36 the north.

12:06:36 Here is the portion of 34th street that's being vacated.

12:06:39 The fence is basically right here.

12:06:41 So this piece now goes to this gentleman up here as part of,

12:06:46 I believe, the lawsuit, and he will not have access this

12:06:49 way.

12:06:50 So his gate will be blocked.

12:07:02 >>CHARLIE MIRANDA: Who has floor?

12:07:03 Mr. Reddick.

12:07:04 >>FRANK REDDICK: Staff, I think the final question will be

12:07:11 for me, does he have any access to this property at all?

12:07:16 After you just showed me all of that?

12:07:18 >> He has access --

12:07:20 >> Off MLK?

12:07:21 >> Yes, MLK.

12:07:23 But what will happen with this, he won't have the alley

12:07:26 anymore, because his part of the alley will be blocked by

12:07:29 private property.

12:07:31 Which is the piece here.

12:07:33 His friends -- his gate access is currently right here of

12:07:36 off the alley.

12:07:38 He's coming in like that.

12:07:39 That's going to go away.

12:07:41 That's private and he will now have to use --

12:07:43 >>FRANK REDDICK: And all of this is part of a settlement

12:07:46 agreement?

12:07:46 >> That's my understanding, yes.

12:07:48 >> With Mr. Hargrett. All right then.

12:07:51 I understand our position.

12:07:56 >> Can I?

12:07:57 >>CHARLIE MIRANDA: No.

12:07:58 You already had three minutes.

12:07:59 >> Well, what I was saying --

12:08:03 >>CHARLIE MIRANDA: I am going give you a minute to satisfy.

12:08:05 I know you have anxiety.

12:08:06 So go on.

12:08:07 >> I have approval --

12:08:12 >> Your name and address.

12:08:13 >> Martinez right, 306, MLK.

12:08:20 I have those trucks, need the trucks to come through that

12:08:23 gate.

12:08:23 I need that.

12:08:24 I have already had prior approval.

12:08:25 I have legal documents for my position.

12:08:31 So --

12:08:34 >>CHARLIE MIRANDA: A system can I make that turn in that

12:08:35 radius?

12:08:36 Is semi can make that turn and radius?

12:08:39 >> Yes.

12:08:40 Yes.

12:08:41 I have drivers, and where the drywall was, when Pam Iorio

12:08:51 was here, she promised to put a sidewalk on the side that

12:08:56 was held up, but I have a permit to have plants, flowers,

12:09:01 vegetation all along that side.

12:09:03 So I have all the legal documents to support my interest.

12:09:06 And that's all I have to say.

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

12:09:10 Yes, ma'am.

12:09:12 Please, let me finish here.

12:09:14 Please.

12:09:14 >> Vivian saddle from 101 East Kennedy Boulevard, suite 2000

12:09:21 Tampa 33602 and we represent Hargrett LLC.

12:09:26 Just to emphasize, we would recommend -- we would request

12:09:31 that you support and approve staff's recommendation on this.

12:09:36 Since 2005, we have been trying to negotiate a settlement of

12:09:42 a matter involving what was over it hundred square feet of

12:09:46 paving on Hargrett's property.

12:09:51 This is part of the settlement.

12:09:53 The vacating the alley is a substantial part of the

12:09:55 settlement.

12:09:56 The property, we have the signatures, which I will go ahead.

12:10:01 >> You have got a minute left of what the council gave me so

12:10:04 wrap it up.

12:10:05 >> Four adjoining property owners who support it including

12:10:07 Mr. Nagoldie who is here.

12:10:13 >> Mr. Martin?

12:10:16 >> Yes, first of all, the settlement recognizes that City

12:10:18 Council is not bound by the settlement to vacate this

12:10:21 alleyway.

12:10:22 It is a precondition.

12:10:24 If it doesn't happen the settlement goes no further.

12:10:26 But we are in no way trying to impose the city's view on

12:10:34 council as to its obligations on vacation.

12:10:37 The second thing is, this gentleman cannot have semi trucks

12:10:41 park in his plot.

12:10:42 This is residential.

12:10:43 If he's doing it, it is illegal.

12:10:45 >>FRANK REDDICK: I move staff's recommendation.

12:10:47 >>CHARLIE MIRANDA: We have to close the hearing.

12:10:48 Anyone else who has not spoken?

12:10:50 I have a motion to close by Mrs. Montelione.

12:10:52 Second by Mr. Suarez.

12:10:53 Yes, sir.

12:10:54 First reading.

12:10:56 All in favor of the motion please indicate by saying aye.

12:10:58 Opposed nay.

12:11:00 Motion passes unanimously.

12:11:01 I need -- who wants first reading?

12:11:05 >>FRANK REDDICK: It 7.

12:11:09 >>MARY MULHERN: Move for first reading consideration,

12:11:12 discontinuing abandoning an alleyway lying west of 373rd

12:11:17 street north of Dr. Martin Luther King Jr. street and I am

12:11:23 portion of the right-of-way abutting 34th street all

12:11:26 described in section 1 hereof subject to certain easement

12:11:29 reservations, covenants, conditions, as more particularly

12:11:33 set forth therein providing an effective date.

12:11:35 >>CHARLIE MIRANDA: I have a motion for first reading by Mr.

12:11:37 Reddick.

12:11:38 I have a second by Mrs. Montelione.

12:11:40 Further discussion by council members?

12:11:41 All in favor of the motion please indicate by saying aye.

12:11:44 Opposed nay.

12:11:45 Motion passes unanimously.

12:11:47 Thank you all.

12:11:48 Second reading will be --

12:11:49 >>THE CLERK: June 27th at 10:30 a.m.

12:11:53 >>CHARLIE MIRANDA: Okay.

12:11:53 I'm sorry for those that have been waiting.

12:11:56 But I have to take a recess till 1:30 in the afternoon.

12:12:02 Unless council wants to continue.

12:12:03 What's your pleasure?

12:12:06 We stand adjourned until 1:30.

12:12:08 >> (City Council recess)

12:12:10 - - -

12:12:12 (Tampa City Council continuation.)

01:42:17 [Sounding gavel]

01:42:18 >>CHARLIE MIRANDA: City Council is called to order.

01:42:19 Roll call.

01:42:20 >>MIKE SUAREZ: Here.

01:42:23 >>FRANK REDDICK: Here.

01:42:26 >>HARRY COHEN: Here.

01:42:28 >>CHARLIE MIRANDA: Here.

01:42:30 Let me say this.

01:42:31 As we call these by numbers, and you are entitled to ask for

01:42:39 a majority of council.

01:42:40 We have four which is a majority.

01:42:41 But if you want six or search members, please state as you

01:42:44 come forward and we'll hold them in abeyance.

01:42:48 But I will be leaving in about 15, 20 minutes.

01:42:50 Item number 76.

01:43:01 >>JOEL SOUSA: Joel Sousa, land development.

01:43:02 Plans have been certified by the zone administering.

01:43:06 Given to the city clerk.

01:43:07 The applicant will not be able to be here.

01:43:08 Henderson is flood and the roof is leak.

01:43:14 I'm here to answer any questions.

01:43:18 >>CHARLIE MIRANDA: That's a good start.

01:43:21 Anyone in the audience care to speak on 76?

01:43:27 Motion to close by Mr. Cohen, second by Mr. Suarez.

01:43:30 All in favor of the motion please indicate by saying aye.

01:43:32 Opposed nay.

01:43:33 Ayes have it unanimously.

01:43:35 Okay, Mr. Suarez, would you kindly take number 76?

01:43:38 >>MIKE SUAREZ: I move an ordinance presented for second

01:43:42 reading an adoption, an ordinance approving a special use

01:43:45 permit S-2 for alcoholic beverage sales, bar lounge, on

01:43:49 premises only and making lawful the sale of beverages

01:43:51 regardless of alcoholic content, beer wine and liquor, on

01:43:54 that certain lot, plot or tract of land located at 4106

01:43:59 Henderson Boulevard, Tampa, Florida, as more particularly

01:44:02 described in section 2, that all ordinances or parts of

01:44:05 ordinances in conflict are repealed, providing an effective

01:44:07 date.

01:44:07 >> Second.

01:44:10 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

01:44:12 I have a second by Mr. Reddick.

01:44:13 All in favor of the motion?

01:44:15 Oh, this is a second reading and adoption.

01:44:18 Roll call vote.

01:44:20 Vote and record.

01:44:29 >>THE CLERK: Motion carried with Mulhern and Montelione

01:44:35 being absent.

01:44:40 In order to be fair I am going to hold 77.

01:44:42 Is that all right with you, ma'am?

01:44:44 Thank you.

01:44:44 It's not all right with you?

01:44:47 Item number 78.

01:44:49 Go on.

01:44:51 77.

01:44:51 I don't have four votes to pass it.

01:44:56 I'm trying to be as fair as I can to everybody here.

01:45:02 If I see there's two votes, there's only five members here,

01:45:05 it doesn't equal to four.

01:45:08 I hope I can counts to four.

01:45:10 Thank you.

01:45:11 Item 78.

01:45:20 78.

01:45:21 Anyone in the audience?

01:45:22 Hop is the petitioner here on 78?

01:45:24 Let's go before I fall asleep waiting on you.

01:45:27 >> I apologize.

01:45:29 I thought staff was going to speak.

01:45:30 Andrea Zellman, 501 East Kennedy here on behalf of the

01:45:34 petitioner, the applicant for both 78 and 79 which is the

01:45:38 DRI on the related zoning.

01:45:41 And you all voted unanimously on May 9th, and we would

01:45:45 appreciate approval and adoption of the ordinance today.

01:45:49 Happy to answer any questions.

01:45:50 Thank you.

01:45:51 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

01:45:53 item number 78 besides the petitioner?

01:45:55 I see no one.

01:45:56 Need a motion to close.

01:45:58 Motion by Mr. Cohen, seconded by Mr. Suarez to close 78.

01:46:03 All in favor of the motion?

01:46:05 Opposed nay?

01:46:06 Roll call vote.

01:46:08 Who wants to read the ordinance?

01:46:11 Mr. Suarez?

01:46:11 >>MIKE SUAREZ: I present an ordinance being presented for

01:46:14 second reading an adoption, an ordinance of the city of

01:46:17 Tampa, Florida approving an amendment to a development order

01:46:20 rendered pursuant to chapter 380, Florida statutes, the

01:46:23 Tampa Technology Park west development of regional impact, a

01:46:27 previously approved development of regional impact DRI, DRI

01:46:31 number 139, in response to a notice of proposed change filed

01:46:35 by great American corporation, providing an effective date.

01:46:40 >>CHARLIE MIRANDA: I have a motion for approval.

01:46:41 Second reading by Mr. Suarez.

01:46:43 Seconded by Mr. Reddick.

01:46:45 Roll call vote.

01:46:46 On 78.

01:46:47 Vote and record.

01:46:48 >>THE CLERK: Motion carried with Mulhern being absent.

01:47:00 >> We go to 79.

01:47:08 Petitioner, I know you spoke on it but for the record come

01:47:11 state your name, please.

01:47:13 >>ABBYE FEELEY: Also Abbye Feeley, than site plan has been

01:47:17 certified and provided to the clerk as well as 77 when we go

01:47:22 back to 77.

01:47:23 Thank you.

01:47:25 >>CHARLIE MIRANDA: Thank you very much.

01:47:29 >>ANDREA ZELMAN: Happy to answer any questions.

01:47:31 Thank you.

01:47:31 >>CHARLIE MIRANDA: Thank you very much.

01:47:32 Anyone in the audience care to speak to number 79?

01:47:35 79?

01:47:37 Motion to close by Mr. Reddick, seconded by Mr. Suarez.

01:47:39 All in favor of the motion?

01:47:41 Opposed?

01:47:42 The ayes have it unanimously.

01:47:43 Ms. Capin, would you kindly take number 79, please?

01:47:47 >>YVONNE CAPIN: An ordinance being presented for second

01:47:49 reading and adoption, an ordinance rezoning property in the

01:47:52 general vicinity of 5302 Primrose Lake Circle in the city of

01:47:56 Tampa, Florida and more particularly described in section 1

01:47:59 from zoning district classifications PD-A, planned

01:48:04 development, alternative, commercial, office, hotel, high

01:48:07 tech, light industrial, government services, to PD-A,

01:48:12 planned development, alternative, commercial, office, hotel,

01:48:15 high tech, light industrial, government services, congregate

01:48:20 living facility, providing an effective date.

01:48:25 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

01:48:26 I have a second by Mr. Suarez.

01:48:28 Roll call vote.

01:48:29 Vote and record.

01:48:29 >>THE CLERK: Motion carried with Mulhern being absent.

01:48:42 >>CHARLIE MIRANDA: We go to number 80.

01:48:45 Anyone in the audience care to speak on number 80?

01:48:49 I see no one.

01:48:50 >> Move to close.

01:48:53 >> I have a motion by Mr. Suarez to close, second by

01:48:57 Mr. Cohen.

01:48:58 The ayes have it unanimously.

01:48:59 Mr. Reddick, would you kindly take number 80, please?

01:49:02 >>FRANK REDDICK: Yes, Mr. Chairman.

01:49:05 Move an ordinance being presented for second reading and

01:49:08 adoption, an ordinance in the general vicinity of 7601 south

01:49:12 DeSoto street in the city of Tampa, Florida and more

01:49:14 particularly described in section 1 from zoning district

01:49:16 classification CN commercial neighborhood to RS-50

01:49:21 residential single-family, providing an effective date.

01:49:22 >> Second.

01:49:25 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, a second

01:49:27 by Mr. Suarez.

01:49:28 Roll call vote.

01:49:29 Vote and record.

01:49:29 >> Motion carried with Mulhern being absent.

01:49:41 >> Thank you.

01:49:48 We go back to 77.

01:49:49 And I am going to have to leave.

01:49:51 I will be back in a few minutes.

01:50:05 >>HARRY COHEN: Item number 77.

01:50:06 >> Dick Larossa, 3300 N. Armenia Avenue. I was sworn in at

01:50:10 this morning's session.

01:50:10 Here with the petitioner we made the changes that were

01:50:12 requested at the first hearing.

01:50:14 We respectfully request approval.

01:50:15 I believe there may be some people to speak towards this and

01:50:19 we would like to reserve our time towards the end.

01:50:24 If you have any questions for me at this time.

01:50:26 >>HARRY COHEN: Any questions from council members?

01:50:28 Okay, we will hear from the public now.

01:50:30 On item number 77.

01:50:41 Before the public speaks, I just should ask the petitioner,

01:50:45 we only have five council members present.

01:50:48 Would you like to us move forward today with the five?

01:50:52 Or do you want --

01:50:55 >> Yes, we are fine with the five.

01:50:56 >>HARRY COHEN: Thank you.

01:50:58 Go ahead.

01:50:58 >> My name is Michelle Begue, live at 3820 west San Juan

01:51:07 street.

01:51:07 I would like actually to read a letter that is from one of

01:51:10 the neighbors that lives directly adjacent to this proposed

01:51:13 project.

01:51:16 Nicole Deborg from 3805 San Juan.

01:51:19 She was not able to be here today.

01:51:22 Dear City Council members:

01:51:24 I'm writing with regard to the proposed property and

01:51:26 rezoning at 3801 west San Juan.

01:51:30 I am the direct neighbor to the west of this property.

01:51:32 In reading the transcripts of the meeting held on May

01:51:35 9th, I was appalled to hear it represented that I am in

01:51:40 support of the development of this property.

01:51:41 That was a gross misrepresentation of the truth and

01:51:44 certainly not my words.

01:51:46 I am in fact adamantly opposed to the development of that

01:51:50 property as proposed.

01:51:52 Specifically, I am deeply concerned about the waiver of the

01:51:55 15-foot setbacks for my western property line down to the

01:51:58 four feet.

01:51:59 A four foot setback from my property line is unexpectedly

01:52:03 close and the threat to my privacy and the health of my

01:52:05 property.

01:52:06 Additionally, the square footage of the building is another

01:52:08 real concern.

01:52:09 The developer is asking for between 4400 and 4800 square

01:52:13 feet of retail space, nearly double what is normally

01:52:17 allowable on that sidewalk.

01:52:18 This type of building would be a towering monstrosity over

01:52:22 my pool area, bedroom, and living spaces.

01:52:24 This type of direct neighbor would have a negative impact on

01:52:27 the family's day to day living and any resale value of both

01:52:31 my home and the surrounding homes.

01:52:35 Virginia Park is a lovely residential area. We feel

01:52:38 fortunate to have our home here and to be living off a very

01:52:40 quiet and undeveloped ten-block set of Dale Mabry.

01:52:46 For the sake of our peace and quiet, our children's safety

01:52:48 and the general look and aesthetics of our residential

01:52:52 neighborhood, I would ask you, does Dale Mabry really need

01:52:54 another commercial retail location?

01:52:57 And if that doesn't move you, would you want to live four

01:53:00 feet away from this project?

01:53:03 I implore you to listen to your residents and vote against

01:53:06 this development. With kind regards, Nicole Deborg.

01:53:10 Additionally, I would like to address the four-foot issue.

01:53:14 While having a commercial establishment there is already a

01:53:19 change of the zoning, to then ask that we reduce the

01:53:24 separation between properties, I think, is telling everyone

01:53:28 that you will have the wrong property for the project.

01:53:34 Thank you.

01:53:34 >>HARRY COHEN: Mr. Reddick.

01:53:36 >>FRANK REDDICK: Ma'am, let's me ask you a question for

01:53:39 clarification.

01:53:40 The letter that you just read --

01:53:41 >> I have copies of it.

01:53:42 >>FRANK REDDICK: Right.

01:53:43 And you stated that someone presented her position wrongly?

01:53:48 Who presented her position wrongly?

01:53:50 >> I was not at the first meeting.

01:53:52 So I cannot answer that question.

01:53:54 >>FRANK REDDICK: Okay.

01:53:56 >> She had read the meeting minutes, and after reading the

01:54:00 meeting minutes realized that she had been misrepresented.

01:54:06 >>HARRY COHEN: We are going to take comments from the

01:54:08 podium one at a time, and we'll listen to everyone.

01:54:10 >> Thank you.

01:54:14 >>HARRY COHEN: When you speak, you can address it.

01:54:21 Go ahead.

01:54:21 >> My name is Bruce Scott.

01:54:26 I live at 3821 San Juan Street, which is four or five houses

01:54:32 west of the project.

01:54:38 I was concerned for a lot of the same reasons.

01:54:40 One is the setback, too much space in that small area.

01:54:47 I just don't understand why since it's been residential from

01:54:53 day one, I suppose, why it has to be changed.

01:54:56 Why can't the developer, somebody who wants to do it, put

01:54:59 one or two nice homes on that property?

01:55:02 It can be done.

01:55:03 There's houses to our north on Dale Mabry that are on single

01:55:07 lots on the corner.

01:55:09 And they seem to be doing quite well.

01:55:11 So the excuse they've heard before is not viable for

01:55:18 residential because of its location.

01:55:25 And I am totally against it.

01:55:27 >> I believe Councilwoman Montelione has a question.

01:55:29 >>LISA MONTELIONE: Thank you.

01:55:32 Whether or not something is possible isn't part of what we

01:55:38 are asked to review the case for criteria, because that's a

01:55:42 business decision.

01:55:43 It's not our place to decide whether or not one business

01:55:47 decision is better than another business decision.

01:55:51 What we are faced with is whether or not what they are

01:55:54 requesting is in accordance with our code of ordinances and

01:56:00 whether or not it meets the criteria.

01:56:03 So whether or not it's a good business decision to put a

01:56:09 commercial property isn't the place.

01:56:11 So what we are relying on is substantial and competent

01:56:14 evidence.

01:56:15 So if you have something in our code of ordinances of that

01:56:18 we could rely on for your objection, then that would be

01:56:23 promote.

01:56:23 But whether or not it's AP good business decision or not

01:56:26 isn't our place.

01:56:27 >> Well, we already have zoned residential.

01:56:32 Why is all of a sudden somebody come in and wants to change

01:56:35 it when it's already residential and it can be used as

01:56:38 residential?

01:56:39 >> Than is a property owner's right.

01:56:41 >> It's the property owner's right but the City Council

01:56:43 needs to consider Wan is there and what was there and what

01:56:46 would be best for the neighborhood.

01:56:47 >>LISA MONTELIONE: That's correct.

01:56:49 >> Okay, thank you.

01:56:50 >>> Good afternoon, council members.

01:56:54 Victor Vescilo.

01:56:58 I have been sworn.

01:56:59 I would like to preface my opposition to what's being

01:57:01 requested.

01:57:02 My first thing, I appreciate the petitioner, who I am

01:57:08 actually a patron of and have been for some time, come to my

01:57:11 door and knock on the door and talk to me at my house, my

01:57:15 family's house, five houses northwest of the subject

01:57:18 property.

01:57:19 What was represented to me along with my other neighbor was

01:57:22 that we were going to have a building in the existing

01:57:25 location of where this house is located, and it was my

01:57:28 further understanding that the access was not going to be

01:57:31 off of Santiago, it was going to be off of Dale Mabry.

01:57:34 Now, I know it was not a misrepresentation on behalf of the

01:57:38 petitioner, because, emphatically, I didn't show up because

01:57:41 I didn't want to oppose it because I thought everything was

01:57:43 going to come off of Dale Mabry.

01:57:44 I watched -- I looked at the minutes.

01:57:46 I watched what was taking place and learned that FDOT didn't

01:57:50 approve this as a Dale Mabry access.

01:57:53 So what is left, I don't know what it is, the ingress,

01:57:56 egress, off of Santiago.

01:57:59 Mrs. Capin had addressed that.

01:58:00 It was never clarified what that really meant.

01:58:03 But here is the bottom line. I have a one-year old.

01:58:05 That one-year-old should have the opportunity just like any

01:58:08 one-year-old in our community especially in Virginia park,

01:58:12 and that is gone out and play ball in the front yard, to go

01:58:15 out, ride his bicycle when he comes of age and not have to

01:58:18 be staying in a private house and have to drive five blocks

01:58:22 away to enjoy his neighborhood, because traffic coming up

01:58:25 and down Santiago to go to this establishment.

01:58:30 So I don't know what to explain to my son when he's going to

01:58:32 ask why can't I do what the other kids do in the

01:58:35 neighborhood?

01:58:35 The only thing I can say is, unfortunately, business

01:58:40 opportunities usurp your right to do things in the community

01:58:42 that you should otherwise be able to do just like what other

01:58:45 kids do.

01:58:47 So for that reason, I totally oppose this, and just for the

01:58:50 record, you have other people, my neighbors that were here

01:58:53 this morning, that sat three hours in a tropical storm that

01:58:56 unfortunately could not make it back this afternoon, and I

01:58:58 hope you all take into consideration that I think you saw

01:59:01 everybody this morning.

01:59:02 >>HARRY COHEN: Councilwoman Capin has a question.

01:59:04 >>YVONNE CAPIN: (off microphone) -- towards Dale Mabry.

01:59:24 They cannot turn left or can't.

01:59:27 I want to try to remember that, because I remember that when

01:59:33 you brought it up.

01:59:35 >>ABBYE FEELEY: Land Development Coordination.

01:59:37 The plans have been revised.

01:59:40 The driveway is channelized back toward Dale Mabry, would be

01:59:46 over in this area, and they are showing a curb in that

01:59:51 configuration.

01:59:52 >>YVONNE CAPIN: But the curb is what, 10 feet?

01:59:58 >> Well, the drive aisle itself is 24 feet.

01:59:59 >> The curb extends out?

02:00:02 >> Yes, into a right-of-way.

02:00:03 >> Into the street?

02:00:05 >> This is the right-of-way.

02:00:07 Here is the end of the property line.

02:00:08 And here is the curb on Santiago.

02:00:14 So this is the right-of-way.