Help & information    View the list of Transcripts


TAMPA CITY COUNCIL

Thursday, August 1, 2013 Meeting

9:00 A.M. session


DISCLAIMER:

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


09:07:20 >> CHAIRMAN CHARLIE MIRANDA: City Council is called to

09:07:21 order.

09:07:22 Chair yields to Mr. Harry Cohen.

09:07:27 Oh, excuse me.

09:07:31 Mr. Frank Reddick.

09:07:33 >>FRANK REDDICK: Thank you, Mr. Chair.

09:07:35 It's a pleasure to have with us this morning the pastor who

09:07:39 will lead us in prayer and invocation.

09:07:41 He's a senior pastor at Exciting Central Tampa Baptist

09:07:47 church and it's an honor to have before us Dr. Jeffery

09:07:51 Singletary.

09:07:56 Please stand.

09:07:56 >> PASTOR JEFFERY SINGLETARY: Let us pray.

09:08:00 Our Father, we thank you for the privilege you have given us

09:08:03 this morning, and Father, to gather once again, Father, for

09:08:11 the City Council meeting.

09:08:12 Father, we ask for your divine blessing and protection,

09:08:18 Father Lord God.

09:08:19 We pray for every presenter that will come today and

09:08:22 present, Father Lord, the issues, the concerns that we ask,

09:08:25 God, that you would give them the ability to clearly

09:08:28 articulate, Father Lord, their concerns, their proposals,

09:08:32 and, Father, the items that are on the agenda today, Lord,

09:08:35 we ask, Father Lord, your divine blessing upon this City

09:08:39 Council, God, and, God, that you would give them your divine

09:08:44 perspective, Lord God, on every item, on ever subject that

09:08:48 comes before them, and, God, that you would give them the

09:08:51 wisdom, Father, to see the issues clearly, and, Father, to

09:08:55 know and to understand, Father Lord, and then, Father, to

09:08:59 operate, Father Lord, what's best for this great city, and,

09:09:04 Father, the residents.

09:09:06 Father, we ask, Father, for your divine protection around,

09:09:10 Father Lord, this great City of Tampa.

09:09:13 We pray, Father, for our great mayor, and his staff, and,

09:09:18 God, that you would just continue to bless, Father Lord God,

09:09:21 all the work involved that will take place, Father Lord, in

09:09:24 this session today, Lord.

09:09:27 And Father, when it's all said and done, when this day and

09:09:30 this session draws to a close, Father, we will be counseled

09:09:35 to give you the praise, the glory and the honor that you so

09:09:39 witch richly deserve, for we ask it all in Christ's name we

09:09:44 pray.

09:09:44 Amen.

09:09:44 (Pledge of Allegiance)

09:09:56 >>CHARLIE MIRANDA: Roll call.

09:10:03 >>MIKE SUAREZ: Here.

09:10:06 >>FRANK REDDICK: Here.

09:10:07 >>MARY MULHERN: Here.

09:10:09 >>HARRY COHEN: Here.

09:10:11 >>CHARLIE MIRANDA: Here.

09:10:13 Need a motion to adopt the minutes of the regular meeting

09:10:17 held July 18th and the budget session on July 24th.

09:10:21 >> So moved.

09:10:22 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.

09:10:24 Cohen.

09:10:25 All in favor?

09:10:26 Opposed?

09:10:26 The ayes have it unanimously.

09:10:27 All right.

09:10:28 We have the privilege of having the good individuals from

09:10:31 the Planning Commission here for no more than ten minutes.

09:10:36 Yes, sir.

09:10:36 >> Thank you.

09:10:38 I am going make my introduction very quick.

09:10:40 What I want to point out is the importance of what we are

09:10:43 about to embark on, and that is the updating of all our

09:10:46 comprehensive plans and our MPO plans simultaneously.

09:10:50 We have never attempted to do this before, and so far it's

09:10:53 been a lot of work but it's working well.

09:10:55 It will be a clear public participation process, and that's

09:10:59 what we are going to kind of present to you today.

09:11:01 Melissa Zornitta, our assistant director, is going to go

09:11:05 through how we plan to engage the public in this effort.

09:11:08 With all the jurisdictions working together at the same

09:11:12 time.

09:11:12 With that, I will have Melissa come up and go ahead and give

09:11:16 that presentation.

09:11:17 Thank you.

09:11:17 >> Good morning.

09:11:20 Melissa Zornitta, assistant director of the Planning

09:11:22 Commission.

09:11:23 We have a brief PowerPoint for you today.

09:11:28 Talking about our Imagine 2040 plan and effort that we will

09:11:33 be kicking off on August 16th.

09:11:36 What we are looking at, what we want to present to the

09:11:43 public is and give input on is the vision for the future of

09:11:50 our county to 2040.

09:11:52 We have got a lot of challenges as you look at Hillsborough

09:11:55 County today.

09:11:56 We have a lot of great things going for us.




09:11:58 But we also have a lot of challenges as well.

09:12:02 And looking at the trade-offs between the different ways

09:12:05 that we develop and the types of infrastructure that we

09:12:08 would need to serve that development, it's the intent of

09:12:11 this effort.

09:12:12 This tells you a little bit about Hillsborough County today,

09:12:15 that we have done a great job with our growth boundary,

09:12:21 urban surface service area, protecting environmental and

09:12:24 agricultural land, but we have challenges with the worst

09:12:27 pedestrian fatality rate and traffic sixth worst in the

09:12:34 United States.

09:12:34 As we look to 2040, the state tells us that we should

09:12:38 anticipate 400,000 to 600,000 new residents.

09:12:42 And if all of those were to live in new suburban homes there

09:12:45 would be room for about a third of them within our urban

09:12:48 growth boundary.

09:12:49 We also continually hear from all our local elected

09:12:52 officials that we need to work on, economic development, and

09:12:55 focus on creating jobs.

09:12:57 We also have challenges.

09:12:59 As I mentioned in regards to transportation with deficient

09:13:04 roads, and funding sources that have continued to be

09:13:07 shrinking.

09:13:09 And there are other new challenges that are facing us.

09:13:13 The demographics of our community continue to change.




09:13:16 There's new technology that we need to consider and embrace.

09:13:19 And there are environmental challenges creating more

09:13:24 resilient communities.

09:13:25 So as we look to 2040, what we are presenting to the public

09:13:29 are three stories about what the future might look like.

09:13:34 And each of these stories talks about our growth and

09:13:36 development and the infrastructure that would be needed a

09:13:40 little bit differently.

09:13:40 The first one looks at an out ward growth scenario, where we

09:13:45 would have to expand further out, be seeing similar

09:13:50 development pat attorney what we had over recent years.

09:13:52 It would require significant outlays in terms of expenses of

09:13:55 roads, water, sewer, other infrastructures such as that.

09:14:01 The second scenario, so to speak, is one that is more

09:14:05 focused inward.

09:14:06 It would create new town centers and older commercial

09:14:10 centers, it would be very redevelopment focused, and would

09:14:15 support more multi-modal options such as rapid bus, rail,

09:14:19 and circulator shuttles.

09:14:21 Then our third scenario is about jobs along corridors, where

09:14:25 we would be looking at focusing on creating jobs along major

09:14:30 transportation corridors like I-75 and I-4, and then

09:14:34 creating places where people could live and work in the same

09:14:37 area in those centers.

09:14:40 Also in terms of infrastructure would be very focused on




09:14:42 things like new express toll lanes and the interstates.

09:14:50 This would all be presented to the community in a very

09:14:52 dynamic Web site which I had to share with you today but

09:14:55 unfortunately it's still coming together stages.

09:14:59 So what people will get to do is they will get to tell us a

09:15:02 little bit about what their priorities are.

09:15:04 We have everything from impacts to environmental lands and

09:15:10 resources, water use, job creation, transportation measures

09:15:14 such as impacts on traffic delay and shorter commutes, and

09:15:19 then things like costs of infrastructure.

09:15:23 For each scenario it will show them how that ranks on their

09:15:27 priorities.

09:15:28 So this just is a little bit about how each scenario kind of

09:15:32 stacks up on all of those priorities but in dynamic Web site

09:15:39 people will be able to pick and choose and then change their

09:15:42 priorities based on what they see as well.

09:15:44 They will be asked to rank each of the scenarios and tell us

09:15:47 a little about what they like and dislike about each one of

09:15:50 them.

09:15:50 We will be asking some additional questions about what types

09:15:54 of housing they would like to see in the future, what types

09:15:57 of options they would like to see in terms of residential

09:16:00 use, options for employment, also options for

09:16:06 transportation.

09:16:07 And then we also will be asking them to weigh in on what we




09:16:10 can be considering in terms of funding sources for the

09:16:13 infrastructure that we are going to need going forward.

09:16:17 Our goal here really is to find out what people like best

09:16:21 about all three scenarios, and then ultimately we will be

09:16:23 coming up with a hybrid scenario that takes the best of all

09:16:27 of them and utilize that as our blueprint to update the

09:16:30 comprehensive plan for local governments and the long-range

09:16:34 transportation plan.

09:16:38 All of this will be housed at our Web site, imagine

09:16:41 $2040.org.

09:16:43 We will be kicking this off on August 16th.

09:16:45 You will all be receiving an invitation in the next day or

09:16:49 so for our kick-off event on the 16th at county center.

09:16:53 We are also going to be having kiosks that will be located

09:16:56 throughout all three cities and the unincorporated county,

09:17:00 using places like rec centers and libraries, shopping malls,

09:17:05 things of that type to really get this out to places where

09:17:09 people can -- maybe they are waiting and might be bored,

09:17:13 interested in doing this.

09:17:14 We want to make it easy to get input from a lot of people,

09:17:17 people who don't typically come into our planning process.

09:17:20 We also will be going to community events, and if anybody is

09:17:25 interested in us having a presentation to a local Rotary

09:17:27 Club, or other organization, we are happy to do that.

09:17:34 Again, where we are in the process, we are just at the




09:17:37 beginning.

09:17:38 We are kicking off our public outreach process.

09:17:40 That will go for approximately two months towards the end of

09:17:44 October.

09:17:45 Then we will be working on creating that hybrid plan, which

09:17:49 is the best of what we hear from everybody from all of the

09:17:53 scenarios.

09:17:54 And that will be, as I said, sort of our guide as we go

09:17:57 forward to update all of the comprehensive plans and long

09:18:00 range transportation plans, and we hope to have that all

09:18:03 complete by the end of 2014.

09:18:06 With that, I would be happy to answer any questions.

09:18:10 >>CHARLIE MIRANDA: Ms. Mulhern.

09:18:10 >>MARY MULHERN: Thank you.

09:18:11 Can you go back to your very first slide with some of the

09:18:17 percentages?

09:18:21 >> Melissa Zornitta: Sure.

09:18:23 I don't know --

09:18:27 >>MARY MULHERN: That's it.

09:18:28 The 25% agricultural land, 10% environmental preservation,

09:18:32 87% development, that's where we are currently?

09:18:39 >> Yes.

09:18:39 >>MARY MULHERN: That's very interesting.

09:18:41 So we have 10% of our Hillsborough County land is

09:18:45 preservation land?




09:18:46 >> Yes.

09:18:47 Actually land that's owned by the state or Hillsborough

09:18:50 County.

09:18:50 >>MARY MULHERN: That's great.

09:18:52 So ELAPP or the state.

09:18:56 And then the agricultural land, that's interesting.

09:18:58 Do you happen to know kind of what the trend has been?

09:19:03 I'm sure it's been shrinking but, say, what it was ten years

09:19:07 ago?

09:19:08 Ray probably knows.

09:19:09 >> I don't know off the top of my head but I would be happy

09:19:11 to find that out.

09:19:12 >>MARY MULHERN: That would be interesting to see.

09:19:14 Then my next question, I was wondering, do we have any

09:19:19 representatives right now on the Planning Commission that

09:19:21 are agricultural people, farmers, people from the

09:19:26 agricultural?

09:19:30 >> We have a representative from unincorporated county who

09:19:33 is from outside of Plant City.

09:19:35 I don't know whether or not he has agricultural interests or

09:19:40 not.

09:19:41 >>MARY MULHERN: I think not so much for us as City Council

09:19:43 who appoint some Planning Commission, directors, but maybe

09:19:52 for the county.

09:19:53 25% of our land is agricultural.




09:19:54 It's very important to us as a county and as a state to look

09:19:57 at agriculture in our planning.

09:20:00 I think that would be a good goal to see if we could get at

09:20:07 least one person on there who has been in agriculture.

09:20:11 Either in agri-business, or small farmer, or, you know,

09:20:16 somebody specific not a lobbyist, not a developer, just a

09:20:21 person who is a farmer or, you know, farm industry, right?

09:20:29 Thanks.

09:20:30 >>CHARLIE MIRANDA: Anyone else?

09:20:31 Thank you very much.

09:20:43 You were so happy with the presentation?

09:20:53 >> I want to thank you for the time that we had, and

09:20:56 definitely we need to have you involved in this process.

09:20:58 We are going to be working on this for the next year and a

09:21:00 half up to December of 2014.

09:21:03 Again, the significant thing is, we have all the

09:21:06 jurisdictions working together.

09:21:08 We are working closely with the county, and the

09:21:11 transportation, the MPO board.

09:21:13 So we never tried to do this before.

09:21:16 So hopefully we will be successful in this effort.

09:21:21 >>CHARLIE MIRANDA: We appreciate what you are doing and what

09:21:22 you are trying to do in the past, you have always come up

09:21:25 with the right thing.

09:21:26 I'm sure you will do the right thing now.




09:21:28 Thank you very much to you and all the people working in

09:21:30 that division, all the volunteers that you have.

09:21:33 We appreciate it.

09:21:35 Okay.

09:21:35 We go to approval of the agenda, the addendum.

09:21:39 I have a motion by Mrs. Montelione, seconded by Mrs.

09:21:42 Mulhern.

09:21:42 All in favor of the motion indicate by saying aye.

09:21:45 Opposed nay?

09:21:46 The ayes have it unanimously.

09:21:48 We go to public comments for 30 minutes.

09:21:50 Three minutes per individual.

09:21:51 Anyone in the audience that would care to speak to any item

09:21:54 on the agenda, please come forward first.

09:21:56 Yes, sir.

09:22:00 >> Pete Johnson, 510 Harrison street.

09:22:10 I shouldn't have started talking but I did.

09:22:13 >>CHARLIE MIRANDA: And let in he say one thing.

09:22:15 Unless you are going to speak on something for public

09:22:19 hearing.

09:22:20 >> You know me, Charlie.

09:22:25 >>CHARLIE MIRANDA: I know.

09:22:25 >> Did you get enough copies?

09:22:31 It's been broken for the last 30 years.

09:22:36 As I study cases continuously, I find the exact same




09:22:41 problems happening.

09:22:43 Now, I don't know who is running code, or who makes the

09:22:48 decisions, but they are not using the tools that they have

09:22:52 got.

09:22:53 I'm sorry.

09:22:56 Legal has busted their butt to give the city's code

09:23:00 enforcement process tools to work with.

09:23:03 They don't use them.

09:23:07 Discretion of the officers.

09:23:10 Another trailer park in deplorable conditions was written up

09:23:16 as an INS letter, a friendly reminder, Mr. Property Owner,

09:23:22 you have code violations, with years of violations on it.

09:23:27 Even today, there are people that are living in fire traps

09:23:32 there, and I can't get code to move them out.

09:23:35 It doesn't take two weeks to relocate them, and close down a

09:23:41 fire trap.

09:23:42 I'm sorry.

09:23:42 When the back door of a trailer is nailed shut, exposed

09:23:49 wiring, exposed gas lines, it's unfit for human habitation.

09:23:57 Somebody is going to get caught in the fire before code gets

09:24:00 off their butt and does something.

09:24:02 I'm sorry.

09:24:03 I'm really getting disgusted with them.

09:24:07 There's no priority.

09:24:09 There's no priority to go after cases that have been




09:24:13 repetitive or over and over again.

09:24:17 Everything is just handled the same.

09:24:20 What kind of enforcement do we have if we don't go after the

09:24:25 continuous repeat offenders?

09:24:27 Heck, we don't even go after the slumlords.

09:24:35 Jake says it takes too long to process a claim.

09:24:38 It's ridiculous.

09:24:39 The administration makes the rules.

09:24:41 There's no reason why you have to get three, four, five

09:24:44 different notices to comply, and then 30 days in between

09:24:49 each one, it's ridiculous.

09:24:54 State statute says 14 days.

09:24:56 The same thing they use in civil citations.

09:24:58 So there's no reason to go on and on and on like this.

09:25:01 (Bell sounds)

09:25:03 Properties that are listed for demolition because of their

09:25:08 condition.

09:25:12 Possible sale of the property for the owner, so he can make

09:25:15 more money.

09:25:18 What is the sense in this?

09:25:20 And there's no contract.

09:25:21 There's no proof of that possible sale.

09:25:23 It's hearsay.

09:25:27 The value of property.

09:25:28 (Bell sounds)




09:25:30 Our code finds well above the value of the property but

09:25:34 there's still no enforcement of the fine.

09:25:37 >>CHARLIE MIRANDA: Thank you, Mr. Johnson.

09:25:38 Stay tuned to new business.

09:25:39 That's all I have to say.

09:25:42 Next, please.

09:25:43 >> I did not hire him but we have the same issues.

09:25:48 I'm Susan Elbar, neighborhood watch coordinator, and we have

09:25:55 a an issue about many of the homes and work closely with

09:25:58 code.

09:25:59 But we have one particular piece of property located at 1020

09:26:03 East Broad Street that we have been trying to get something

09:26:05 done for years on this property.

09:26:08 Working with code, police department has been involved, and

09:26:12 I have brought pictures.

09:26:13 I'm old-fashioned.

09:26:14 I don't have the fancy stuff.

09:26:16 Just old-fashioned pictures to be show you.

09:26:18 Started taking pictures in April.

09:26:20 The last ones you will see yesterday.

09:26:23 Also took pictures of the homes that are right around that

09:26:26 house next door to it, also.

09:26:39 The previous owner I understand lives in Paris, the new

09:26:42 owner in Paraguay.

09:26:44 So dye dialogue is a little difficult to get.




09:26:46 It's managed by property management but the owner now, we

09:26:52 understand, lives in Paraguay and has other properties in

09:26:55 Hillsborough County.

09:26:55 My next speaker, I am going to stop, sue long and a couple

09:26:59 of my other neighbors are here to talk about their concerns

09:27:02 in reference to this property.

09:27:04 >>CHARLIE MIRANDA: Let me just say, I don't want to cut you

09:27:07 short.

09:27:07 You do have your full three minutes.

09:27:09 >> Oh, I understand.

09:27:10 But I have probably said what I need to say.

09:27:13 >>CHARLIE MIRANDA: I wanted to make sure.

09:27:15 Thank you so much.

09:27:15 Thank you very much.

09:27:17 Next.

09:27:17 >> Stan Woychowski, and traveling back and forth, one time

09:27:30 they had a trash trailer parked about a foot from the curb,

09:27:34 and cars come speeding down the road run me off the road

09:27:39 because of the trailer.

09:27:41 Not that he was a very good driver anyway.

09:27:43 But another thing, several times, walk past the house and

09:27:53 down to my house, I chose to walk around the block because

09:27:56 of the mob on their porch, on the sidewalk and in the

09:28:00 street.

09:28:00 And I really didn't want to get into an issue with him so I




09:28:05 went around the block.

09:28:06 But it's the normal over there.

09:28:10 And I just wonder how come this goes on for so long.

09:28:16 There should be one person, here is the paper.

09:28:19 Solve it.

09:28:22 Instead of "let's give this to Joe and let him try it."

09:28:27 He has to make a living, but that's all I have to say.

09:28:34 >>CHARLIE MIRANDA: Thank you.

09:28:35 Next, please.

09:28:36 >> Susan Long, 920 Broad Street.

09:28:38 I'm here on 1023 East Broad Street.

09:28:41 The pictures that you were provided show the house at 1023

09:28:47 looks like.

09:28:48 It has photographs of the surrounding property so you can

09:28:50 see that's not what the whole neighborhood looks like.

09:28:52 The other properties are literally the ones that surround

09:28:55 this house.

09:28:56 They have a nice neighborhood.

09:28:57 This place is just absolute disaster.

09:29:00 The lady across the street wrote the following e-mail: Most

09:29:04 frequent observation activities of the house includes an

09:29:07 ever changing growing number of people going in and out of

09:29:10 the house, often accompanied by loud music, drinking and

09:29:15 loud talking, often yelling and fighting, often late into

09:29:19 the evening.




09:29:20 Most have many children going in and out of the house, as

09:29:26 little as one and a half to two years old in diapers,

09:29:29 playing on the stairs or sidewalk, loosely supervised by

09:29:32 older children who are barely dressed.

09:29:34 The front yard continues to be littered with furniture,

09:29:37 trash, household items and so forth.

09:29:39 Liquid from underneath the porch continues to disintegrate,

09:29:42 creating large holes.

09:29:44 One front window replace bid some sort of odd wood covering,

09:29:48 and on one occasion I called the nonemergency police number

09:29:51 to seek help to stop the escalating fighting of several

09:29:57 young adults in the front yard.

09:29:58 I would appreciate any initiative you have to improve this

09:30:02 situation.

09:30:02 This house has had code violations consistently since 1990.

09:30:06 I brought with me a list of police reports.

09:30:11 The police are there almost every day.

09:30:14 I sit on my front porch.

09:30:17 I see one of the men who lives there walk up the street and

09:30:20 he's doing a drug deal in front and then running back down

09:30:23 to this house.

09:30:25 This house is horrible, horrible.

09:30:26 I brought some pictures.

09:30:32 Here is the trash in the front yard.

09:30:34 Code went by about a week ago, said we have got it all




09:30:37 cleaned up.

09:30:37 If you look at the pictures, most of the pictures were taken

09:30:40 yesterday.

09:30:41 So cleaned up a week ago.

09:30:42 Now got refrigerators in the yard and other stuff there.

09:30:47 Here is the house.

09:30:48 You can see the hole here.

09:30:50 Foundation is crumbling.

09:30:52 One of the windows up top.

09:30:56 The better picture you can see the roof is starting to come

09:30:58 down.

09:30:59 The whole thing is a mess.

09:31:01 It's just quietly deteriorating because nobody takes care of

09:31:04 it.

09:31:05 The current owners of that property own 19 properties in the

09:31:07 City of Tampa.

09:31:09 Almost every one has code violations.

09:31:12 I brought the violations list for all of them.

09:31:15 I also brought the TPD list for this particular property, as

09:31:19 you will see it's a major problem.

09:31:21 We have called police.

09:31:22 We have called code enforcement.

09:31:23 And I want to tell you, I believe that we have one of the

09:31:27 best code enforcement officers in our area in the city.

09:31:30 He's very proactive and we love him to death.




09:31:33 But there's a limit to what he can do.

09:31:35 And this place needs to have somebody seriously step in and

09:31:39 make them behave.

09:31:40 Thank you.

09:31:40 (Bell sounds).

09:31:44 >>LISA MONTELIONE: And I may have misheard but I thought

09:31:47 the first speaker say it was 1020 east broad and then you

09:31:51 mentioned 1023.

09:31:52 >> It's 1023.

09:31:57 The 3 kind of disappeared.

09:31:59 >> So it could be my hearing.

09:32:01 I'm getting old.

09:32:02 and the absentee owner has 19 properties in the area?

09:32:06 >> Yes.

09:32:07 >> And it was mentioned that there is a property manager or

09:32:11 a property management company?

09:32:14 >> I have no idea.

09:32:15 >>LISA MONTELIONE: Okay.

09:32:17 So if you want to answer my question, you have to come to

09:32:19 the mike and answer the question.

09:32:21 Because if you have the name of that company.

09:32:23 >> It was bought in February by Ft. Lauderdale LLC, then

09:32:28 B-E-L-U-G-G. It's an investment company. Beluga. But it's

09:32:37 owned by this gentleman in Paraguay.

09:32:38 >> So we don't know if there's actually a management




09:32:43 company?

09:32:43 >> No.

09:32:44 Actually Beluga Properties owns 19 properties in the City of

09:32:48 Tampa and Beluga Properties is owned by some people named --

09:32:53 help.

09:32:59 And they are from Paraguay but they live in Ft. Lauderdale.

09:33:06 >> My name is Bob Nixon.

09:33:07 I live in the county but I own rental properties in the

09:33:10 city, and I grew up on Broad Street.

09:33:14 It amazes me.

09:33:15 Sometimes I think I'm in the Twilight Zone.

09:33:18 How does this actually happen?

09:33:21 We talk about ordinance.

09:33:28 And I'm a licensed contractor.

09:33:30 I pay a lot of money.

09:33:31 I pay rental certificates.

09:33:33 And I abide by the laws and the ordinances.

09:33:36 How come you can't get these other people to do that?

09:33:40 I'm to the point almost, I quit paying all this stuff and

09:33:44 ignore it, too.

09:33:45 I mean, what is it?

09:33:48 The city of Temple Terrace doesn't seem to have this

09:33:51 problem.

09:33:51 They collect $70,000 in liens.

09:33:59 How can they, with very limited resources compared to the




09:34:03 City of Tampa, pull that off and we can't?

09:34:06 Somebody answer that question.

09:34:10 I mean, the code enforcement -- the police are out there but

09:34:14 they are paralyzed by inaction once they go there.

09:34:17 Nothing happens.

09:34:18 And it's a continuous process like 20 years.

09:34:23 Over and over and over.

09:34:30 Doesn't it like raise a flag about this?

09:34:42 If the "St. Pete Times" didn't do all this investigative

09:34:45 reporting, would any of this stuff ever come out?

09:34:47 It just seems like it's regurgitated over and over and over

09:34:51 and nothing happens.

09:34:53 Geez.

09:34:55 >>CHARLIE MIRANDA: Ms. Capin?

09:34:57 >>YVONNE CAPIN: Sir, if you would wait one minute.

09:35:02 I just want to tell you, I hear you, and it is exactly what

09:35:07 transpires.

09:35:09 Most of the people in the city, most of the land owners are

09:35:12 renters do follow the rules.

09:35:14 And we have so many code -- written up in our code, that

09:35:24 almost every house in the city could be cited.

09:35:27 If you don't have screens on your windows, that's a code

09:35:30 violation.

09:35:31 But besides that, you are absolutely right.

09:35:35 This is indemmic of what happened here, four years of




09:35:40 cutting, cutting, cutting, cutting, and some services were

09:35:44 able to sustain.

09:35:45 This one was not.

09:35:49 They were working with 6,000 vacant homes in the city.

09:35:52 But that did not trigger the administration to move until

09:35:56 this crisis that was exposed two or three weeks ago.

09:36:07 Now, they were able to -- code enforcement has been able to

09:36:12 hire two -- they were not able for three years to replace

09:36:18 open positions for officers.

09:36:20 And now they are going to replace those two plus two more.

09:36:25 So they are going to have four.

09:36:26 All of this was because of this crisis that came up three

09:36:30 years -- three weeks ago.

09:36:33 So I understand your frustration.

09:36:36 I want to tell you that in the very early -- mid 20s owned

09:36:44 16 units in Hyde Park, and they were all rented to

09:36:47 MacDill Air Force Base people, and it went very, very

09:36:50 smoothly.

09:36:52 Once the Crosstown came around, we were on the wrong side of

09:36:55 the Crosstown.

09:36:56 And our renters, they were no longer those people.

09:37:01 And it became a low rent.

09:37:06 And what happens is, when you charge those rents, you

09:37:11 cannot, as a landlord, keep those properties up.

09:37:15 It has to be market value.




09:37:18 And what happens is that's not where we are at.

09:37:22 In order to keep the properties up it has to be market

09:37:26 value.

09:37:26 That was not the case with the gentleman.

09:37:28 He had more than market value.

09:37:29 And he still couldn't keep it up.

09:37:32 That was total disregard for our rules.

09:37:35 So I understand what you're saying.

09:37:37 I empathize with you.

09:37:40 As a landlord that tries to keep the properties up at the 16

09:37:45 units that we had, at a very young age I learned about the

09:37:49 process.

09:37:50 Here is what happened.

09:37:51 We would have tenants who would not pay for three months.

09:37:55 And when you try to evict them, they would trash the

09:37:59 apartment and then called code enforcement.

09:38:03 It's revenge calls.

09:38:05 They get at least 100 a day coming in.

09:38:08 They have to answer -- we are -- and this is -- it's a very

09:38:13 big issue.

09:38:13 It's a very big issue.

09:38:15 What I would like to hear from you as one that has followed

09:38:19 the rules to -- and I think the administration would be wise

09:38:24 to put together a group, a committee of land owners, small

09:38:33 land owners, to help with this process.




09:38:37 There is a due process that has to be in place.

09:38:40 But there's a threshold where they cannot -- that they have

09:38:44 to reach in order to condemn the housing.

09:38:48 And I found that sometimes it doesn't quite reach that

09:38:51 threshold.

09:38:52 They are just short of that threshold.

09:38:54 But it is still very derelict.

09:38:59 What would you think of something like that?

09:39:00 Would you be willing to participate?

09:39:03 >> Sure.

09:39:04 >> Because apparently the administration needs help.

09:39:06 >> A couple of points to what you just said.

09:39:09 And I appreciate it.

09:39:10 I have owned lots of rental properties.

09:39:12 Thank God I don't own them all anymore.

09:39:14 And I understand all the problems.

09:39:17 I emptied more garbage out of duplexes and stuff that you

09:39:22 can shake a stick at.

09:39:23 But, you know, the reality is this was going on in 2003,

09:39:28 2004, 2005 when everything was going crazy, had all kind of

09:39:32 money.

09:39:35 The taxes went up more than I paid for the property.

09:39:38 I mean, instantaneous.

09:39:40 Bang.

09:39:44 And unless you go this with a cadre of attorneys you are not




09:39:47 going to win the appeals.

09:39:48 The money was there.

09:39:51 So that part of the argument falls flat.

09:39:55 The citizens will do anything.

09:39:57 I'm already on four boards.

09:40:01 I'm on the Hillsborough County licensing board.

09:40:04 I want to see action for that time that we commit.

09:40:07 I don't want to just come and talk and walk away and nothing

09:40:11 happens.

09:40:13 >>YVONNE CAPIN: I understand.

09:40:15 And the part that falls flat, when you said it falls flat,

09:40:19 yes, there was money in '05, but, see, we were building a

09:40:24 big reserve and that money wasn't spent where it should have

09:40:27 been spent.

09:40:27 And then when they cut, it made it even worse.

09:40:30 So I don't think it's flat.

09:40:32 I think it's just the facts.

09:40:33 Those the facts.

09:40:34 The money was there.

09:40:35 And it wasn't spent properly.

09:40:37 And now, when the money wasn't there, they were cut, and we

09:40:41 are seeing the absolute crisis that has come about, and that

09:40:47 service is not being provided.

09:40:49 And I agree with you.

09:40:50 I agree that the frustration as someone who follows the




09:40:53 rules and gives your time, I commend you for that.

09:40:58 And I would love to see something happen here in the city --

09:41:05 >> I agree.

09:41:06 That's why we are all here.

09:41:08 Why don't we -- how do we do that?

09:41:13 >>YVONNE CAPIN: Now the board sitting here, sometimes we

09:41:15 just don't really take the administration to task.

09:41:18 And we really need to.

09:41:19 And we really need to, and we don't.

09:41:22 So I appreciate your comments.

09:41:24 >>CHARLIE MIRANDA: Thank you very much.

09:41:25 Before you leave, I have got three or four council members

09:41:28 and I want to get them all to direct you and then you can

09:41:31 direct them, okay?

09:41:33 Are you finished, Ms. Capin?

09:41:35 Okay.

09:41:35 We have Mr. Reddick, Ms. Mulhern, Mrs. Montelione.

09:41:39 >>FRANK REDDICK: Thank you, Mr. Chair.

09:41:42 I will be brief.

09:41:42 I just want to say, sir, it's obvious to me that you haven't

09:41:48 looked at the agenda, because if you see item 51 on the

09:41:51 agenda, you will see that we will be discussing this today,

09:41:54 and we have got the three departments that most of the

09:41:58 complaints dealt with coming before us to direct this issue.

09:42:02 And if you see on item 51, it's talking about policy and




09:42:07 procedure, how about this problem.

09:42:13 So I advise you, if you want to stick around and hear it.

09:42:17 But I assure you that from previous discussion that I had

09:42:20 with those individuals that are listed on item 51, that

09:42:24 there's going to be some changes, and there are going to be

09:42:28 some changes starting today.

09:42:29 >> I certainly hope so.

09:42:31 >>FRANK REDDICK: I just want to make that known.

09:42:34 >>CHARLIE MIRANDA: Ms. Montelione, Ms. Mulhern.

09:42:36 Oh, Ms. Mulhern, then Ms. Montelione.

09:42:38 >>MARY MULHERN: I just want to thank you for coming down

09:42:40 here and taking your time to do that as a responsible

09:42:44 landlord, and to speak out about the position that it puts

09:42:48 the responsible people like you.

09:42:50 So I really appreciate you coming down here.

09:42:53 I am going to try to be brief.

09:42:54 Yes, Councilman Reddick, as he said, we had a discussion

09:42:58 about this on the agenda for later.

09:43:00 So I don't know that you can spend your morning or your day

09:43:03 here but you can watch it on TV.

09:43:06 It will be replayed so you should be able to watch it.

09:43:09 And you can also get online and watch it later.

09:43:12 So I think you are going to hear a lot of real steps that we

09:43:15 are going to take.

09:43:16 I also want to tell you that you came at the right time




09:43:19 because we are starting to look at the budget.

09:43:21 And this council has to approve the budget that the mayor

09:43:25 presents to us in September.

09:43:28 And I can say for all of my colleagues, and the council that

09:43:32 I sat on with Chairman Miranda before this one, we have been

09:43:36 pushing, pushing, pushing for better code enforcement for

09:43:39 more code enforcement officers, for more legal options, and

09:43:44 all the things that you are asking for, this council has

09:43:46 been working really hard on that.

09:43:49 Every single person on this council.

09:43:50 And we are going to continue to do that.

09:43:52 And the good news for everyone is that the budget is coming

09:43:56 up.

09:43:56 And if we can insist on this council that we have the money

09:44:00 in next year's budget to put towards starting to fix some of

09:44:03 these problems that have gotten worse and worse, as you said

09:44:07 over the boom time, and then over the foreclosure crisis,

09:44:11 things have gotten worse and worse and worse especially with

09:44:14 the more and more absentee landlords and people that are

09:44:17 buying up houses now who don't live anywhere near.

09:44:20 So I just want you to know that this body not only heard you

09:44:23 and appreciates what you are saying, and we have been

09:44:26 hearing from Susan Long and from Pete Johnson, who is the

09:44:30 unpaid ombudsman for code enforcement for the entire county

09:44:35 for years and years and years.




09:44:36 And also the mayor has publicly made a commitment to work on

09:44:41 these issues.

09:44:42 So I think things are going to get better.

09:44:44 And I think you can count on all of us to work on that for

09:44:47 you.

09:44:47 >> We would certainly hope so and appreciate it.

09:44:51 >>MARY MULHERN: Let me tell you one other thing and then I

09:44:55 want to hear from you.

09:44:56 The legal department is also working on some real different

09:45:01 types of solutions, because part of the problem obviously is

09:45:04 we are not collecting on those fines, and we are not getting

09:45:09 to the point where we can do what we need to do to really

09:45:12 enforce and fix the problem.

09:45:13 And our legal department is working really hard on some

09:45:17 solutions to that.

09:45:19 I can't really talk about it, but that should be forthcoming

09:45:21 pretty soon, too.

09:45:22 >>LISA MONTELIONE: Thank you.

09:45:27 And I am not going to repeat what has already been said

09:45:30 because they all mentioned elements of the comments I was

09:45:34 going to make.

09:45:35 But, you know, we have the civil citation route that didn't

09:45:42 exist before, you know, a couple of years ago, I think right

09:45:45 after we took office, civil citations came.

09:45:48 So there had to be some positive steps.




09:45:51 We have a long way to go.

09:45:52 There are going to be some changes.

09:45:54 And as Ms. Mulhern stated when we look at that budget, the

09:45:58 code enforcement department has been severely understaffed

09:46:01 with a number of rental properties that we have in the City

09:46:03 of Tampa.

09:46:04 We have three inspectors who are deemed with the task of

09:46:10 inspecting rental property who do those rental certificate

09:46:14 inspections for the entire city.

09:46:16 So there's no way that the staff that currently is in code

09:46:21 enforcement can handle all of the rental properties that we

09:46:25 currently have, plus those that are being added to the

09:46:28 rental rows with investors buying up a lot of those

09:46:34 foreclosed homes, and there are things that the legal

09:46:36 department is working on now, but there is a restriction on

09:46:39 us.

09:46:39 I drove the area with Kevin Wiatrowski from the Tribune just

09:46:45 the other day, and we were talking about how we are limited

09:46:49 and almost handcuffed by the eminent domain statutes of the

09:46:53 State of Florida.

09:46:54 And although we are a state and area and county and city

09:46:58 that protects property rights, there are times when we

09:47:01 should be able to go in and, you know, take over a house

09:47:04 that has been derelict and vacant and literally falling

09:47:08 down.




09:47:08 There are houses in my district that have no roofs, that

09:47:13 fires took place in them several years ago, but we have to

09:47:15 go through the very slow process oftentimes because people's

09:47:19 properties rights are protected, and we can't just go in

09:47:22 there and take a house because, you know, it's falling down.

09:47:26 It's a lengthy, legal process that we have to go through to

09:47:29 actually take control of the property and be able to pull a

09:47:31 house down.

09:47:32 So, you know, there are state laws that in some cases

09:47:37 restrict what we are able to do, and I talk all the time, we

09:47:42 all talk all the time about how state law restricts what

09:47:49 counties and municipalities throughout the State of Florida

09:47:51 do, because the home rule concept kind of has fallen to the

09:47:55 wayside.

09:47:56 A lot of decisions are made ins that.

09:47:58 And we are just limited in what we can do.

09:48:03 And we are trying to do everything we can.

09:48:06 But it's not just come to light three weeks ago.

09:48:15 I tweeted awhile back when everybody was talking about HOE

09:48:21 brown, HOE brown, we have been working with staff, we have

09:48:24 been working with the mayor, we have been trying to take

09:48:26 steps long before this.

09:48:28 I mean, Pete Johnson can tell you, code is one of the first

09:48:33 things that I took hold of as a priority when I took office

09:48:35 because I know all the problems that existed.




09:48:37 So it's taken awhile.

09:48:39 So I think we are going to get there.

09:48:42 That's all I have to say.

09:48:43 >> Well, I hope so.

09:48:47 And I understand what everybody said.

09:48:49 And I fully --

09:48:54 >>CHARLIE MIRANDA: Mr. Cohen?

09:48:55 >>HARRY COHEN: I just wanted to thank everyone for their

09:48:57 comments.

09:48:57 This is, as Mr. Reddick pointed out, going to be covered in

09:49:01 item 51.

09:49:01 And I am going to make some additional comments then when

09:49:03 the staff are here, because I want to address it with them

09:49:08 present.

09:49:09 >> My last comment is, it's unacceptable to say because the

09:49:13 state legislature is incompetent and crooked and whatever

09:49:16 else you may label them -- and I will certainly go with

09:49:19 that.

09:49:22 >>CHARLIE MIRANDA: We didn't say that.

09:49:25 [ Laughter ]

09:49:25 >> The bottom line is we need action.

09:49:28 >>CHARLIE MIRANDA: I understand your frustration.

09:49:30 Thank you very much.

09:49:31 Anyone else from the public?

09:49:32 Three minutes.




09:49:33 >> I get three minutes and goat a whole hour.

09:49:42 My name is pastor Williams, Scott street, and I'm kind of

09:49:47 upset, too, like that man is upset and I understand that you

09:49:51 all say things and don't do it.

09:49:53 I'm present here today.

09:49:56 You all allowed the city to put an illegal fence around my

09:50:00 church and I have been down here, and I voted with you, I

09:50:04 campaigned with you, and you haven't did a thing.

09:50:07 And I don't appreciate that.

09:50:08 I always thought you would be a better man than what you

09:50:10 are.

09:50:11 >>CHARLIE MIRANDA: Excuse me.

09:50:12 I am going say this.

09:50:13 You can speak to me.

09:50:13 You can speak to the council.

09:50:14 But don't --

09:50:16 >> This here is the council, ain't it?

09:50:19 >>CHARLIE MIRANDA: Talk to the whole council.

09:50:21 >> I'm speaking to the council.

09:50:22 That's who I am speaking to.

09:50:27 >>CHARLIE MIRANDA: Elected city-wide but go on.

09:50:28 >> You know you aren't going to give me enough time.

09:50:31 But I got a flyer here that I want you to have because you

09:50:33 all do not consider -- and look into the white man's

09:50:42 situation.




09:50:43 But the lawyer ain't got to read it first.

09:50:48 Okay.

09:50:48 But the thing about it, you all know they dug up my

09:50:53 right-of-way, and none of you all and said nothing about it.

09:50:57 My people have to park on the street.

09:50:59 And you all are hindering me from worshiping God like we

09:51:03 supposed to.

09:51:04 And I have to tell you this too.

09:51:06 You all know the situation you all put me in.

09:51:08 You all put me in this situation.

09:51:10 The code enforcement came and told me I need to get a

09:51:13 lawyer.

09:51:13 Why should I get a lawyer for my rights?

09:51:16 I don't get to get no lower for my rights.

09:51:19 I know my rights.

09:51:20 And I am going to stand firm on my rights.

09:51:22 You all kept this gentleman up here for quite awhile and I

09:51:26 want to know if you are going to give me some answers now.

09:51:29 No, I know you are not.

09:51:31 Because you don't want to do the right thing for black men

09:51:33 and children.

09:51:34 But I am going to stand firm and I am going to let you all

09:51:36 know, not only you all know but I am going to let the whole

09:51:39 world know because I am going put this on the Internet.

09:51:41 I am going to put everything that I bring to you all and put




09:51:44 it on the Internet so the whole world can see what the

09:51:46 United States of America is all about and how they mistreat

09:51:49 the black men's and children.

09:51:50 God bless you.

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

09:51:52 You still got time left in your three minutes.

09:51:54 Care to use them?

09:51:55 Thank you very much, sir.

09:51:56 Ms. Mulhern?

09:51:57 >>MARY MULHERN: He's gone but I am going look into the

09:52:02 problem with his fence, if you all heard if you heard this.

09:52:06 >> I'm ed, Ed Tillou.

09:52:10 And I have come up with a third one.

09:52:14 But first I will try to finish up with what I saw at CRA

09:52:18 about the 36 story building behind the library.

09:52:24 It often brings out that it should have sustainable.

09:52:28 Well, the question of how livable that would contribute to

09:52:32 for Tampa.

09:52:33 And the thing is, like 600 odd parking spaces, it might have

09:52:37 been 600.

09:52:39 I forget the exact number.

09:52:40 But the thing is, that's so much for pedestrians.

09:52:44 >> Are you speaking about the tower?

09:52:45 >> Yes.

09:52:46 >> That's not on the agenda but you have three minutes.




09:52:49 >> The thing is I got sidetracked.

09:52:54 I got sidetracked at the last meeting by council person

09:52:59 Mulhern, very good comment about the LED lighting.

09:53:04 And I forgot the third thing I wanted to bring out about

09:53:07 that development.

09:53:09 Why do they have to go to a shoe horn kind of little place

09:53:13 like that, close off streets and so on?

09:53:17 There's vacant lots all over Tampa which should alert people

09:53:22 to another problem.

09:53:23 What are the taxes on that land?

09:53:28 Code enforcement has opened up to speculators 19 parcels

09:53:33 around Tampa.

09:53:33 The thing is maybe the taxes on these parking lots are too

09:53:36 low.

09:53:37 That's maybe one of the reasons -- parking in Tampa is

09:53:41 extremely low, two or three dollars a day.

09:53:44 Most places it's five, ten dollars in a city of this size.

09:53:47 The thing is, you have speculation on these vacant lots, so

09:53:52 somebody that wants to put up a huge structure will go to

09:53:56 gerrymandered kind of thing.

09:53:59 So that should pretty much wrap that up.

09:54:04 The food situation, I circulated to you about the calcium in

09:54:13 orange juice.

09:54:16 And I used to meet this guy.

09:54:19 He works with the Department of Agriculture.




09:54:21 And he was a dairy farmer.

09:54:23 And I almost broke his heart by pointing out that calcium,

09:54:26 vitamin E fortified orange juice is a better calcium than

09:54:30 milk.

09:54:31 It better.

09:54:32 So the thing is, you have got to get this out.

09:54:35 Get it into vending machines.

09:54:37 Get it into the schools, the prisons.

09:54:40 Unfortunately that's through the county.

09:54:41 And I am running about two months behind with the county.

09:54:45 Because they meet about once a month.

09:54:49 I circulated this.

09:54:51 The other one is malta with this very important biological

09:54:57 compounds that needs adequate niacin and iron.

09:55:01 Now there's a substitute for that.

09:55:02 It's precursor called Petra Biopterin and only costs $1100 a

09:55:12 month.

09:55:12 >> Biopterin.

09:55:19 I think that's what the baseball players was taking, that

09:55:24 chain of medicine you had there.

09:55:26 Thank you, sir.

09:55:27 Thank you, thank you, thank you.

09:55:28 Time is up.

09:55:29 Thank you.

09:55:29 >> Anyway, here is the --




09:55:32 >>CHARLIE MIRANDA: Thank you very much.

09:55:34 Okay.

09:55:34 Any other requests by the public for reconsideration, on any

09:55:38 past legislative matters about I this body in the last

09:55:40 council meeting?

09:55:41 I see none.

09:55:42 Let me stop here for one second and say that Marty Shelby

09:55:46 and myself and chief of staff and others met yesterday, and

09:55:49 the discussion was basically comes up today.

09:55:52 We are going to try maybe in the next meeting, going to have

09:55:55 to change the rules a little bit and allow to have the staff

09:55:59 meetings right after public comment.

09:56:01 So any public that wants to talk about staff can certainly

09:56:04 be here for the discussion.

09:56:06 It would do that and also do the ability in our judgment of

09:56:10 allowing the people that work for the administration to go

09:56:13 back to work quite rapidly instead of having to wait, wait,

09:56:17 wait.

09:56:17 And I understand that.

09:56:18 And I hope the council will be receptive to that idea.

09:56:21 Anything else, Mr. Shelby?

09:56:23 >>MARTIN SHELBY: Did you want to start that next meeting or

09:56:30 this meeting?

09:56:31 >> I would like to start it next meeting if possible.

09:56:34 Just remind me.




09:56:35 Would you please, sir?

09:56:37 >>MARTIN SHELBY: All right.

09:56:39 >>CHARLIE MIRANDA: Thank you very much.

09:56:39 We go to straight into committee reports.

09:56:44 But before that we have a couple of items to take care of.

09:56:48 We have ordinance presented for first reading consideration

09:56:52 items 2 through 3.

09:56:53 Need a motion to -- no, these are not public hearings.

09:56:57 These are just first readings.

09:56:58 So we go to item number 2.

09:57:02 It's an ordinance presented for first reading.

09:57:04 Anyone from the administration here on that one?

09:57:09 It's a scrivener's error.

09:57:10 That's what it is.

09:57:12 Mr. Suarez, would you kindly take that?

09:57:15 >>MIKE SUAREZ: I present an ordinance being presented for

09:57:17 first reading consideration, an ordinance amending ordinance

09:57:19 number 2013-23 passed and ordained by the City Council of

09:57:24 the City of Tampa on February 7, 2013, which approved a

09:57:28 special use permit for a 2001 North Dale Mabry highway

09:57:32 correcting a scrivener's error by substituting a revised

09:57:34 exhibit "A" for the exhibit "A" that was supplied in error,

09:57:39 providing for severability, providing an effective date.

09:57:42 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

09:57:43 A second by Mr. Cohen on first reading.




09:57:46 All in favor of the motion?

09:57:48 Opposed?

09:57:48 The ayes have it unanimously.

09:57:49 Thank you very much.

09:57:49 >>THE CLERK: Second reading of the ordinance will be held

09:57:53 August 22nd at 9:30 a.m.

09:57:56 >>CHARLIE MIRANDA: Item number 3.

09:57:57 Ms. Capin, would you kindly take -- that's also a

09:58:00 scrivener's error.

09:58:03 >>YVONNE CAPIN: An ordinance being presented for first

09:58:05 reading consideration, an ordinance amending ordinance

09:58:08 number 2012-141, passed and ordained by the City Council of

09:58:13 the City of Tampa on December 6th, 2012, which approved

09:58:17 a special use permit for 2901 west Columbus drive,

09:58:23 correcting a scrivener's error by substituting a revised

09:58:26 exhibit "A" for the exhibit "A" that was supplied in error,

09:58:31 providing for severability, providing an effective date.

09:58:34 >>CHARLIE MIRANDA: I have a motion by Ms. Capin, a second by

09:58:37 Mr. Reddick on a close vote with Mr. Suarez.

09:58:40 All in favor of that motion?

09:58:42 Opposed?

09:58:42 Motion passed unanimously.

09:58:43 >>THE CLERK: The second reading of the ordinance will be

09:58:46 held August 22nd at 9:30 a.m.

09:58:53 >>CHARLIE MIRANDA: We go to committee reports, committee




09:58:55 chair, public safety chair, Mr. Frank Reddick.

09:58:58 >>FRANK REDDICK: Move 4 through 10.

09:59:01 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

09:59:03 All in favor?

09:59:04 Opposed?

09:59:05 The ayes have it unanimously.

09:59:12 We will hold parks and recreation for a minute.

09:59:15 19 through 250.

09:59:16 Mike Suarez.

09:59:16 >>MIKE SUAREZ: I move items 19 through 25.

09:59:19 >> Second.

09:59:21 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, a second

09:59:22 by Mr. Cohen.

09:59:23 Further discussion by council members?

09:59:24 All in favor of the motion please indicate by saying aye.

09:59:27 Opposed nay.

09:59:28 The ayes have it unanimously.

09:59:29 Finance Committee chair, Mr. Harry Cohen.

09:59:34 I believe --

09:59:36 >>HARRY COHEN: I have got it.

09:59:37 I move items number 26, 27 and 32.

09:59:43 >>CHARLIE MIRANDA: I have a motion by in Cohen.

09:59:44 Seconded by Mr. Reddick.

09:59:45 Further discussion by council members?

09:59:47 All in favor of the motion please indicate by saying aye.




09:59:49 Opposed nay.

09:59:50 The ayes have it unanimously.

09:59:52 Building, zoning and preservation committee chair, Ms. Lisa

09:59:56 Montelione.

09:59:56 >>LISA MONTELIONE: Before I move the items, I would like to

09:59:59 highlight based on the discussion that we had this morning

10:00:02 during public comment, item number 33 is approval.

10:00:06 I am going to ask for approval of $255,023 in the general

10:00:11 fund for demolition of condemned properties in Sulphur

10:00:13 Springs and for the neighborhood empowerment department so

10:00:21 that's one step in what we are doing with code enforcement.

10:00:24 With that I move items 33 through 39.

10:00:26 >> Second.

10:00:27 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:00:29 second by Mr. Suarez on a close vote with Mr. Cohen.

10:00:32 All in favor of the motion indicate by saying aye.

10:00:34 Opposed nay.

10:00:35 The ayes have it unanimously.

10:00:37 Transportation committee chair, Yvonne Yolie Capin.

10:00:42 >> I move 40 through 42.

10:00:44 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

10:00:45 All in favor of that motion please indicate by saying aye.

10:00:47 Opposed nay.

10:00:48 The ayes have it unanimously.

10:00:50 We go back to recreation, parks, cultural committee, vice




10:00:54 chair, Lisa Montelione.

10:00:55 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:00:57 I will move -- I have to go back a page here -- I move items

10:01:02 number 11 through 18.

10:01:05 >>CHARLIE MIRANDA: I have a second -- I'm sorry, Mr. Suarez?

10:01:09 >>MIKE SUAREZ: Second, yes.

10:01:11 >>CHARLIE MIRANDA: All in favor of that motion please

10:01:13 indicate by saying aye.

10:01:14 Opposed?

10:01:15 The ayes have it unanimously.

10:01:16 We go now to items set for public hearings, 43 through 45.

10:01:20 Need a motion for that.

10:01:21 I have a motion by Mrs. Montelione to set the public

10:01:23 hearings.

10:01:24 Second by Mr. Cohen.

10:01:26 All in favor?

10:01:27 Opposed?

10:01:27 The ayes have it unanimously.

10:01:28 Now we go to second readings, proposed ordinances, and we go

10:01:33 to items 46.

10:01:40 I would like a motion to open 46, 47, 48, 49.

10:01:52 I have a motion by Ms. Montelione, and seconded by Mr.

10:01:53 Cohen.

10:01:53 The ayes have it unanimously.

10:01:56 These are second hearings and quasi-judicial.




10:02:00 Anyone to speak on 46, 47, 48, 49 need to be sworn in.

10:02:05 If you are thinking of speaking or you want to speak or

10:02:07 whatever.

10:02:07 (Oath administered by Clerk)

10:02:19 Item 46 presented for second reading.

10:02:22 >>GLORIA MOREDA: Land development.

10:02:23 This is a petition for alcoholic beverage, bar, lounge,

10:02:29 beer, wine and liquor, consumption on premises only.

10:02:34 City Council, this case has been continued a number of

10:02:37 times.

10:02:39 The applicant has secured a five-year lease on the adjacent

10:02:44 property for off-site parking.

10:02:48 It does not qualify to be recognized as required parking.

10:02:51 The site plan therefore that City Council read and approved

10:02:56 at first reading continues to have the required parking

10:03:00 waiver from 25 space to one space.

10:03:04 I just wanted to clarify that for council.

10:03:09 >>CHARLIE MIRANDA: Petitioner?

10:03:10 >>STEVE MICHELINI: Here on behalf of the restaurant.

10:03:18 We have parking leases for the adjacent property which we

10:03:20 have provided to the city staff, and it's immediately

10:03:26 adjacent to the property that's under petition.

10:03:33 We have business support from the homeowners association.

10:03:36 And I can provide you with those letters.

10:03:41 Including the Old Seminole Heights neighborhood association.




10:03:47 The Independent Bar and Cafe.

10:03:52 And forever beautiful.

10:03:57 Sherri's yesterday.

10:04:02 A number of other different businesses that are all in

10:04:07 support of this.

10:04:07 I would like to have those received and filed.

10:04:09 >> Let me say this before we receive and file.

10:04:14 I would like to have a motion to receive and file all the

10:04:16 documents on 46, 47, 4, 49.

10:04:19 I have a motion by Mrs. Montelione on 46, 47, 48, 49.

10:04:23 Receive and file.

10:04:23 Seconded by Mr. Cohen.

10:04:25 All in favor?

10:04:26 Opposed?

10:04:26 The ayes have it unanimously.

10:04:27 Yes, sir.

10:04:28 I'm sorry.

10:04:28 Continue.

10:04:28 >> One of the things that distinguishes this petition from

10:04:34 others is that they have actually engaged in and received a

10:04:39 lease for the adjacent property.

10:04:55 >>CHARLIE MIRANDA: That's been there for three weeks.

10:04:57 I just wondered how long it would take somebody to move it.

10:05:01 You thought we had problems with code enforcement.

10:05:11 >>STEVE MICHELINI: This will have to go through permitting




10:05:13 and approved as a parking lot.

10:05:16 They have an amendment to the lease that allows D.O.T. owned

10:05:22 this property and they purchased -- another party purchased

10:05:25 the property, and the amendment on the lease guarantees that

10:05:29 the adjacent properties will be provided with the adequate

10:05:33 number of spaces as provided by the code.

10:05:38 And we have all of those leases.

10:05:41 So I guess they have invested a substantial amount of money

10:05:45 in this property.

10:05:46 It's an existing building.

10:05:50 They are not building and adding on to the building.

10:05:53 There's an outside deck to the rear.

10:05:56 And I guess we will reserve any time that you might need to

10:06:02 answer any questions.

10:06:03 It has broad-based support from not only the neighbors but

10:06:06 also the other businesses and the homeowners association.

10:06:11 >>CHARLIE MIRANDA: Thank you very much.

10:06:11 Anyone in the audience care to speak on item number 46?

10:06:14 46?

10:06:15 Please come forward.

10:06:16 46.

10:06:16 >> Thank you for your time.

10:06:25 My name is Eric Thornsbrough.

10:06:28 I lived in Riverside Heights for almost ten years now.

10:06:31 And I purchased in Riverside Heights in hopes of not only




10:06:34 this historic value of the neighborhood and quaintness, but

10:06:37 of course speculating that my home value would go up.

10:06:41 As you all know, with the turbulent times, they certainly

10:06:46 fluctuate now, but what I am finding is with the new

10:06:48 businesses coming to Seminole Heights, and it becoming more

10:06:51 of a destination spot, it's really helped with the fact that

10:06:57 the neighborhood.

10:06:59 I think businesses adds tremendous value to the

10:07:04 neighborhood.

10:07:04 And the fact is with the bike lanes on North Boulevard and

10:07:08 Tampa streets, et cetera, I get to ride my bike to the

10:07:12 actual destination spots, the Independent, et cetera, and

10:07:17 hopefully the Red Star.

10:07:19 So I ask that you allow the special waiver for parking and

10:07:24 that you a help enhance our neighborhood.

10:07:30 Thank you very much.

10:07:31 >>CHARLIE MIRANDA: Thank you very much.

10:07:31 Next, please.

10:07:32 >> My name is Juan Antonio.

10:07:36 I am currently live in Seminole Heights for about 12 years.

10:07:41 I totally agree with Mr. Eric.

10:07:45 It actually enhances the city.

10:07:47 We were recently voted number one site to purchase and live

10:07:52 at in south Seminole Heights, Heights in general.

10:07:56 I think what's going on is excellent.




10:07:57 I feel that all the building and all the people that are

10:08:00 coming in are building Seminole Heights in hopes that it

10:08:06 grows, and I think something we also look at is up and

10:08:12 coming as use it as a model for cities around Tampa.

10:08:16 I think -- I have been coming here for at least a year

10:08:22 trying to support them on this particular project.

10:08:24 And I think that it's a great idea.

10:08:26 I think it brings people in.

10:08:28 And if you would ever walk and see Seminole Heights, or

10:08:31 people actually walking and riding bikes, they are doing

10:08:34 things that -- I think it's a wonderful idea.

10:08:41 I wish we would all come together and grant him this

10:08:44 opportunity.

10:08:44 Thank you very much.

10:08:46 >>CHARLIE MIRANDA: Thank you, sir.

10:08:48 Next, please.

10:08:48 >> Mark MANESE.

10:08:54 I want, one of the partners, I have known him a dozen years.

10:08:59 He's grown up in the business, knows it inside out and does

10:09:02 things the right way.

10:09:03 As far as that area goes, there are upscale parts and maybe

10:09:08 some down scale parts but overall the area is up and coming.

10:09:11 And I think this establishment would seriously add to the

10:09:14 value of the area.

10:09:19 I plan to set up -- there are a lot of great things




10:09:24 happening, a very active community.

10:09:26 All walks of life, professionals in the area, and I think

10:09:30 that it would certainly enhance the area of Seminole Heights

10:09:33 up and coming.

10:09:35 >>CHARLIE MIRANDA: Thank you very much.

10:09:36 Next, please.

10:09:37 >> Pete Johnson.

10:09:45 I think it's a good little nook for Seminole Heights.

10:09:47 I really do.

10:09:48 My only concern, there is the parking problem.

10:09:52 The lot where they are going to put for parking cars gets

10:09:55 sold or something or other, where are these patrons going to

10:09:58 park?

10:09:59 The problem that we have had in other problems, parking, you

10:10:05 can't control a customer where he wants to park.

10:10:07 If he wants to park in a neighborhood, because it's close

10:10:11 and easy to get to, rather than park in a parking lot away,

10:10:16 he's going to do that.

10:10:18 That's my only concern.

10:10:19 I think it's great for the neighborhood.

10:10:21 I think it great for Seminole Heights.

10:10:22 My concern is only parking.

10:10:24 We have run into this problem before.

10:10:27 Thank you.

10:10:27 >> Thank you.




10:10:29 Next, please.

10:10:29 >> Susan Long, 921 East Broad Street.

10:10:35 I am fully supportive of this business.

10:10:40 There is overlap in the ownership between this business and

10:10:45 Demanes, a very beautiful well run restaurant that has come

10:10:50 in recently in Seminole Heights.

10:10:51 This is a different type of venue, but equally well run and

10:10:55 operated.

10:10:56 And I think it would be wonderful.

10:10:57 The issue about parking is one of the things in form-based

10:11:01 zoning is we would have shared parking.

10:11:03 You didn't have to have all the parking on the property.

10:11:07 If that were required for every place in Seminole Heights,

10:11:09 we would have nothing.

10:11:12 Most of our lots are very small.

10:11:16 Buildings oftentimes are built lot line to lot line.

10:11:19 And to require to park on-site on property that they own

10:11:24 right there just doesn't work in Seminole Heights.

10:11:28 Virtually anywhere.

10:11:29 I would strongly encourage you to pass this.

10:11:31 I think it would be a great addition to the neighborhood.

10:11:33 Thank you.

10:11:34 >>CHARLIE MIRANDA: Thank you very much.

10:11:34 Anyone else in the audience?

10:11:38 Petitioner.




10:11:39 Mrs. Montelione?

10:11:40 >> I'm at 106 west Hiawatha street.

10:11:47 Been there for a while.

10:11:49 I actually -- lease.

10:11:53 My landlord owns four properties in that area.

10:11:56 He had a message for you.

10:11:58 His name is Curtis.

10:12:00 I own four houses in the greater Seminole Heights area, west

10:12:05 Hiawatha, 309, East First Street, 6302-19th street, I

10:12:13 highly support the restaurant, support local

10:12:16 community-driven arts-supporting establishments such as this

10:12:19 bar, a noncorporate local owned and operated business in

10:12:24 Tampa, up and coming neighborhood.

10:12:30 One thing in regards to parking.

10:12:33 I have also been in other areas where parking is something

10:12:36 of an issue.

10:12:38 But if I parked where I wasn't supposed to park, when I left

10:12:43 the establishment, my car wasn't there.

10:12:45 And so I never parked there again.

10:12:47 I learned quickly.

10:12:49 >>CHARLIE MIRANDA: Did you find your car?

10:12:51 Find the car?

10:12:52 >> Yes.

10:12:55 That's all I have got.

10:12:57 Thank you very much.




10:12:57 >>LISA MONTELIONE: Of the letters that were passed around

10:13:01 by Mr. Michelini that were in support, one stood out to me,

10:13:05 and it short so I would like to actually read it into the

10:13:08 record because I think it is important.

10:13:10 This letter is signed by Veronica Danko, the owner of the

10:13:15 Independent.

10:13:16 And it says this letter is in support of a parking waiver

10:13:19 for the restaurant to be approved for opening their business

10:13:23 on Florida Avenue Seminole Heights. In going through the

10:13:25 zoning process for my business in 2009 I too needed the City

10:13:28 of Tampa to approve such a waiver.

10:13:30 I would not have been able to open my business otherwise.

10:13:33 Most of my customers are Seminole Heights residents who live

10:13:36 very close to my establishment.

10:13:38 Many of them walk and ride their bikes here.

10:13:40 So we need less parking than in other areas.

10:13:43 In addition, neighboring property owners are willing to rent

10:13:45 their spaces out for parking which is how I have been able

10:13:48 to make the parking situation work.

10:13:49 I ask that you give them the same consideration so that the

10:13:52 neighborhood can continue it's upward climb as a destination

10:13:56 spot.

10:13:56 I think that's important because the Independent was one of

10:13:58 those establishments who started along with several others

10:14:06 the Renaissance of that area to be a culinary destination,




10:14:12 to be that, you know, that hip spot where people can go, sit

10:14:17 outside, enjoy a beverage, eat some food, and share, kind

10:14:21 of like the old days when we used to have block parties or

10:14:24 front porch parties, which I know in Seminole Heights they

10:14:27 continue to do.

10:14:27 And it's a gathering place.

10:14:29 It's a community spot.

10:14:30 And I think that what Ms. DANKO says here is very important,

10:14:38 because without a parking waiver we wouldn't have the

10:14:40 Independent.

10:14:40 We probably wouldn't have a lot of other businesses in

10:14:42 Seminole Heights where parking is constrained, and as Ms.

10:14:49 Long pointed out with the form-based code, we do have the

10:14:53 ability for shared parking in the area, because we realize

10:14:57 we want to nurture and we want to support the businesses

10:15:00 that are going to open there and continue the Renaissance of

10:15:03 the area.

10:15:03 >>STEVE MICHELINI: Council --

10:15:08 >>CHARLIE MIRANDA: This is your rebuttal.

10:15:10 Five minutes.

10:15:12 >>STEVE MICHELINI: It won't be rebuttal.

10:15:14 >>CHARLIE MIRANDA: Well, five minutes.

10:15:15 >> Meeting with the neighborhood, entering into agreements

10:15:17 with them for shared parking for after hours, and engaging

10:15:22 in a lease agreement for primary parking that's immediately




10:15:25 adjacent to this property.

10:15:27 They also are committing to the hours of operation that was

10:15:31 recommended by the neighborhood association so there were

10:15:35 never any issues that surfaced regarding pushing that

10:15:40 envelope.

10:15:40 We respectfully request your approval.

10:15:43 Think they have done a good job at making sure things were

10:15:46 in place.

10:15:48 >> Thank you very much.

10:15:51 Any council member?

10:15:53 I have a motion to close by Mr. Cohen.

10:15:55 Seconded by Mrs. Mulhern.

10:15:56 All in favor of the motion?

10:15:58 Opposed?

10:15:58 The ayes have it unanimously.

10:15:59 Mr. Reddick, would you kindly read 46, please?

10:16:02 >>FRANK REDDICK: Move an ordinance being presented for

10:16:05 second reading and adoption, an ordinance adopting a special

10:16:09 use permit S-2 for alcoholic beverage sales, bar/lounge on

10:16:12 premises only and making lawful the sale of beverages

10:16:15 regardless of alcoholic content, beer, wine and liquor, on

10:16:18 that certain lot, plot or tract of land located at 5210

10:16:23 North Florida Avenue, Tampa, Florida, as more particularly

10:16:27 described in section 3, that all ordinances or parts of

10:16:30 ordinances in conflict are repealed, providing an effective




10:16:32 date.

10:16:32 >> I have a motion by Mr. Reddick.

10:16:35 I have a second by --

10:16:40 >> There were conditions agreed to that need to be added to

10:16:43 the site plan.

10:16:44 >>STEVE MICHELINI: They are on the site plan.

10:16:47 >>YVONNE CAPIN: Okay.

10:16:47 Thank you.

10:16:48 >>CHARLIE MIRANDA: Seconded by Ms. Capin.

10:16:51 All in favor of the motion -- this is second reading.

10:16:57 Roll call vote.

10:16:58 Vote and record.

10:17:00 Motion by Mr. Reddick, seconded by Mrs. Capin.

10:17:06 >>THE CLERK: Motion carried unanimously.

10:17:10 >>CHARLIE MIRANDA: Thank you very much for attending.

10:17:11 We go to item number 47.

10:17:13 47.

10:17:20 >>GLORIA MOREDA: Land development.

10:17:20 The legal department advised Land Development Coordination

10:17:23 that this petition really needed to go back to first

10:17:25 reading.

10:17:27 The request at the last reading was for convenience retail

10:17:32 with consumption on premises and package sales off premises

10:17:36 to allow for the applicant to stay open beyond the alcohol

10:17:40 hours, determined that it is not allowed as a retail use so




10:17:51 the applicant is changing the request and we are

10:17:54 recommending the change to request to a small venue that

10:17:57 would allow for the alcohol sales on premises and the

10:17:59 package sales, that the hours will be as regulated by the

10:18:04 alcohol.

10:18:07 The ordinance has been given to Mr. Shelby, and we are

10:18:11 asking for first reading to occur.

10:18:13 >>CHARLIE MIRANDA: Just for the record, 47.

10:18:15 It's on the record for second reading.

10:18:17 It's really first reading with the adopted changes.

10:18:19 Am I correct?

10:18:22 Okay.

10:18:23 Ms. Mulhern?

10:18:25 >>MARY MULHERN: It looks like we voted on this one instead

10:18:32 of 46?

10:18:34 >>CHARLIE MIRANDA: 47 we didn't vote on.

10:18:35 It was 46.

10:18:36 I don't know why 47 is on there.

10:18:40 It is not 47.

10:18:44 The computer shows that.

10:18:52 Is the petitioner here on 47?

10:18:59 Please come up.

10:19:00 And please, I can't pass an ordinance even back on first

10:19:05 reading without you saying that's what you want.

10:19:12 >> We were approved from the first meeting.




10:19:18 And go back from convenience to small venue.

10:19:23 >>CHARLIE MIRANDA: And the reason was you can't do what you

10:19:24 wanted to do.

10:19:26 So you approve with what Mrs. Moreda said.

10:19:28 Please state for the record that's what you want.

10:19:30 >> Yes.

10:19:31 We would like to change our zoning from convenience store to

10:19:35 small venue.

10:19:37 >>CHARLIE MIRANDA: Is that acceptable by the legal

10:19:38 department?

10:19:39 All right.

10:19:40 Anything else, sir?

10:19:42 Anyone else in the audience care to speak on 47?

10:19:44 I see no one.

10:19:45 I need a motion to close.

10:19:47 I have a motion to close by Mr. Cohen.

10:19:49 Seconded by Mrs. Mulhern.

10:19:50 Further discussion by council members?

10:19:51 All in favor of the motion?

10:19:53 Opposed?

10:19:54 The ayes have it unanimously.

10:19:55 Mrs. Mulhern, would you read 47, please?

10:19:58 >>MARY MULHERN: I move an ordinance approving a special use

10:20:00 permit S-2 for alcoholic beverage sales, small venue,

10:20:04 consumption on premises, package sales off premises and




10:20:07 making lawful the sale of beer and wine at or from that

10:20:10 certain lot, plot or tract of land located at 101 north 12th

10:20:15 Street, suite 101, Tampa, Florida, as more particularly

10:20:18 described in section 2 that all orphans or parts of

10:20:21 ordinances in conflict are repealed providing an effective

10:20:24 date.

10:20:25 >>CHARLIE MIRANDA: And you said that was first reading.

10:20:27 Mrs. Mulhern made a motion.

10:20:28 Seconded by Mr. Cohen on 46.

10:20:30 All in favor of the motion on first reading please signify

10:20:33 by saying aye.

10:20:34 Opposed nay.

10:20:35 >>THE CLERK: Motion carried with Capin voting no and the

10:20:41 second reading of the ordinance will be held August 22nd at

10:20:45 9:30 a.m.

10:20:52 >>CHARLIE MIRANDA: We go to item 48.

10:20:53 48.

10:21:10 >> Good morning.

10:21:11 I'm the petitioner for item 48.

10:21:16 >>CHARLIE MIRANDA: Yes, sir.

10:21:17 >> That's it.

10:21:18 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:21:20 48?

10:21:21 Seeing no one, I have a motion to close by -- got one

10:21:27 person.




10:21:36 Susan Long: Guess what.

10:21:38 I'm in support of it.

10:21:40 Small craft brewery.

10:21:44 Some of my neighbors will be there.

10:21:45 I urge you to support it.

10:21:46 Thank you.

10:21:46 >> That, by the way, for record, was Susan Long.

10:21:53 >>CHARLIE MIRANDA: She was so happy she forgot her name.

10:21:56 I have a motion to close by Mr. Reddick.

10:21:58 Seconded by Mr. Cohen.

10:21:59 All in favor of the motion?

10:22:01 Opposed?

10:22:02 The ayes have it unanimously.

10:22:03 Mr. Cohen, would you kindly take 48, please?

10:22:06 >> Move an ordinance being presented for second reading and

10:22:09 adoption, an ordinance approving a special use permit S-2

10:22:12 for alcoholic beverage sales, small venue, consumption on

10:22:17 premises and package sales off premises, and making lawful

10:22:20 the sale of beer and wine at or from that certain lot, plot

10:22:23 or tract of land located at 6401 North Florida Avenue,

10:22:27 Tampa, Florida as more particularly described in section 2,

10:22:30 that all ordinances or parts of ordinances in conflict are

10:22:34 repealed, providing an effective date.

10:22:36 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen on second

10:22:38 reading.




10:22:39 Seconded by Mr. Suarez.

10:22:40 Roll call vote.

10:22:41 Vote and record.

10:22:50 >>THE CLERK: Motion carried unanimously.

10:22:56 >>CHARLIE MIRANDA: Item number 49.

10:23:05 >>GLORIA MOREDA: Land development.

10:23:07 The petition involves property at 6807 Adamo Drive.

10:23:13 It is for a large venue, beer, wine, liquor, consumption on

10:23:18 premises only.

10:23:19 The applicant is as a special use approval for alcoholic

10:23:24 beverage for beer, wine, liquor, consumption on premises in

10:23:27 association with a large venue.

10:23:30 There are two properties, two buildings on this site, one

10:23:35 18,152 square feet, and one containing about 2500 square

10:23:41 feet.

10:23:42 The largest structure was granted 4(COP), AB permit, in 2009

10:23:50 for the entire building.

10:23:52 However, that application indicated restaurant, bar and, I

10:23:57 believe, warehouse.

10:24:02 This application is basically converting AB for the entire

10:24:06 building, 20,144 square feet, with an outdoor patio to allow

10:24:14 for the alcohol beverage sales.

10:24:18 The property again is located on a dam O.it is currently

10:24:26 zoned industrial general.

10:24:30 With the size of the building, the subject of the property




10:24:35 along with the outdoor area, have the occupancy of 1,091

10:24:48 persons which requires 276 parking spaces.

10:24:54 The site contains 74 so they are asking for a substantial

10:24:57 waiver.

10:24:58 They are also asking for an increase in the use of compact

10:25:03 spaces from 25 to 71%.

10:25:08 The property -- I have some photographs that I can show you

10:25:13 of the area.

10:25:25 This is the site right here that's been remodeled for the

10:25:29 outdoor area.

10:25:31 Adamo Drive is an area that has industrial all around it.

10:25:39 There's some retail.

10:25:41 This primarily is an industrial area.

10:25:42 There is no residential within any proximity to this site

10:25:48 that would be affected.

10:25:50 However, staff is concerned about the substantial amount of

10:25:53 parking reduction that's being requested and finds the

10:25:58 request inconsistent.

10:25:58 >>MARY MULHERN: What's the north-south intersection, side

10:26:07 street?

10:26:09 >>GLORIA MOREDA: This is -- this is 6800 block.

10:26:14 So it is far east of 50th street.

10:26:20 >>MARY MULHERN: But still in the city?

10:26:22 >>GLORIA MOREDA: Yes, it is.

10:26:22 >>MARY MULHERN: Just barely.




10:26:26 >>GLORIA MOREDA: Barely.

10:26:27 >>MIKE SUAREZ: A quick question.

10:26:31 I think I know the answer to this but I want your take on

10:26:34 it.

10:26:35 When we look at the number of potential occupants, we are

10:26:37 just doing a square footage, potentially swag.

10:26:43 >>GLORIA MOREDA: That's correct.

10:26:44 >>MIKE SUAREZ: What does the fire chief have to say about

10:26:47 how many occupants a place can have once we rezoned it?

10:26:52 >>GLORIA MOREDA: Well, what we did on this particular case

10:26:55 is looked at it worst case with the seven square feet per

10:27:03 person.

10:27:03 >>MIKE SUAREZ: Worst case in terms of zoning?

10:27:08 >>GLORIA MOREDA: Life safety code.

10:27:09 I don't believe they would be able to get more than the 1091

10:27:13 that's being listed here.

10:27:14 But, you know, depending on when a floor plan is submitted

10:27:18 and how the layout is, that occupancy level could be

10:27:21 reduced.

10:27:23 The applicant might have more information related to that.

10:27:25 >>MIKE SUAREZ: Thank you, chair.

10:27:29 >>YVONNE CAPIN: I think I have an answer to that, because I

10:27:32 dealt with that in district 4.

10:27:38 The occupancy rate that the fire marshal places doesn't

10:27:42 matter what we place on it.




10:27:45 What they place on it is the occupancy rate for public

10:27:49 safety.

10:27:51 So even if we find the capacity, for instance, this was a

10:27:56 location on Howard Avenue, the capacity was 70, but the fire

10:28:00 marshal found 120, and they were conducting business as the

10:28:07 fire marshal rather than the permitted 70.

10:28:09 So there is -- there can be differences, more or less.

10:28:13 So just to try to clarify that, because I did go over that

10:28:18 with the fire marshal.

10:28:22 >>CHARLIE MIRANDA: Petitioner?

10:28:35 >> My name is Mark Bentley, 201 North Franklin Street.

10:28:39 I represent the petitioner.

10:28:42 Just to follow what Gloria said, the standard the city is

10:28:44 using in their parking code is actually the life safety

10:28:49 standard, the same standard applied by the fire marshal.

10:28:51 So it's a worst case scenario in terms of occupancy.

10:28:55 Kind of like the international mall on Christmas Eve, you

10:28:57 know.

10:28:59 You use the entire parking lot on maybe just one occasion

10:29:06 out of 365.

10:29:07 But it's been wet zoned since 2009.

10:29:10 The entire property but for the outside patio that you saw

10:29:13 in the photograph which consists of roughly 2,000 square

10:29:15 feet.

10:29:17 What the client is doing is seeking to modify the uses of




10:29:20 the property.

10:29:21 It was originally approved as a bar/restaurant, okay?

10:29:26 And then subsequent to 2009, the client built out the bar

10:29:31 and then came back in 2012 and got approval for the 2,000

10:29:35 square foot exterior which they have obviously built out.

10:29:39 Now due to the change in the economy which is improved, he

10:29:42 wants to conclude or finish out the project as a bar.

10:29:47 The property is 1.72 acres.

10:29:50 And Gloria showed you the photos.

10:29:52 It's bounded by Adamo on the north, Crosstown to the south,

10:29:55 to the west is industrial, to the east actually our client

10:29:59 owns, Friedman trust owns the property to the east which is

10:30:03 a vehicle repair and warehouse.

10:30:06 So it's primarily commercial industrial.

10:30:09 It's important to recognize that no waivers are were

10:30:12 requested.

10:30:12 There's no residentials within a thousand feet.

10:30:15 No homeowners association to contact, et cetera.

10:30:18 So it's kind of sitting out there in isolation, and to our

10:30:21 knowledge there everybody no O.J. objections to the subject

10:30:23 petition.

10:30:24 I haven't received any feedback, nor to my understanding has

10:30:29 the zoning department.

10:30:30 So here again, in 2009, the property is wet zoned 4(COP-X).

10:30:36 The required parking back then was 75 spaces based on an




10:30:39 occupancy load of 300.

10:30:42 This is back in 2009.

10:30:43 So the way it worked back there is that the city didn't

10:30:47 scrutinize the occupancy like to the extent it does now.

10:30:50 So for the entire roughly 20,000 square feet, 75 spaces were

10:30:54 deemed sufficient for a bar and restaurant.

10:30:56 The calculations for a restaurant and bar essentially are

10:30:59 the same under the life safety code it's kinding that under

10:31:02 the parking schedule in your zoning code there are roughly

10:31:05 88 types of uses, with parking ratios, only two out of the

10:31:09 88 which is a bar and restaurant requires this kind of

10:31:11 analysis in terms of square footage and things like that.

10:31:15 So here again, in July 2012, the client comes back in, does

10:31:19 the patio.

10:31:20 So the only issue here is in terms of the parking

10:31:23 calculation.

10:31:24 Now the city breaks down, for example, storage areas,

10:31:27 waiting areas, et cetera, et cetera.

10:31:38 For example, if this property were down the street in the

10:31:40 county, only 80 spaces would be required and we are

10:31:43 providing 74 so the codes are pretty different.

10:31:48 For example, the analysis of this parking requirement as a

10:31:52 storage area, in the city's analysis, there are 14 dedicated

10:31:56 spaces needed, 24/7 for the storage area.

10:31:59 Theoretically you are going to have 14 people in the storage




10:32:02 area.

10:32:05 Okay.

10:32:06 And I know you are in the restaurant business.

10:32:07 And I think in there occasionally but not 24/7.

10:32:13 In any event, you need seven square feet per person for a

10:32:18 bar area.

10:32:19 So this is like your typical garage is roughly 400 square

10:32:22 feet, 20 by 20.

10:32:24 And can you imagine having a party in your garage and having

10:32:26 like 60 or 70 people?

10:32:28 So they look at a worst-case scenario.

10:32:31 And that's not the intent here.

10:32:33 For example, a Circle K would have a capacity of 430 people,

10:32:39 and the Circle K would have to go out and buy an acre just

10:32:41 to satisfy the parking requirement.

10:32:48 So bottom line here is that the client is a very successful

10:32:51 enterprise.

10:32:52 They have been in business there a pretty long time.

10:32:54 And they believe that 74 spaces is adequate.

10:32:59 And here again, this is not Howard Avenue.

10:33:01 If this wasn't sufficient parking, the only person that

10:33:04 would be affected would be the operator in terms of the

10:33:07 success of his business.

10:33:13 If you look at the aerial, what I want to show you here,

10:33:18 here is the subject property.




10:33:19 Here are two other bars.

10:33:20 These were approved by the city.

10:33:24 This is 5718 Adamo.

10:33:28 It's on the north side.

10:33:30 Just to back up again, here again, the customers can't park

10:33:35 in the neighborhood.

10:33:35 There's no neighborhood.

10:33:37 They can't park on Adamo.

10:33:39 It's illegal.

10:33:40 So there's really nowhere to go.

10:33:43 So if we look at 5718, 29,500 square feet with 49 spaces.

10:33:51 Our clients are proposing 20,000 square feet with 74 spaces.

10:33:56 The city is handling 76.

10:33:59 So 571, has been in business a pretty long time, and they

10:34:06 have 20% less parking to be approved by the city.

10:34:10 Here is another location right down the street.

10:34:14 622 Adamo.

10:34:18 Roughly the same size.

10:34:20 21,000 square feet.

10:34:21 64 spaces.

10:34:23 And we are proposing 74.

10:34:24 Here again it's been in business a long time.

10:34:26 It's approved by the city.

10:34:28 Here are a couple more examples, and then I will wrap this

10:34:33 up.




10:34:33 Here is the WalMart on Kennedy.

10:34:35 60,000 square feet.

10:34:37 Three times the size of our client's.

10:34:41 230 spaces.

10:34:42 Okay.

10:34:42 It's the parking is 2.3 acres.

10:34:45 The city is requesting 276 spaces for this relatively small

10:34:50 "R."

10:34:50 And WalMart has 230.

10:34:52 You might want to revisit your code.

10:34:55 It's really a detriment, I believe, to redevelopment and new

10:34:58 development.

10:34:59 >>CHARLIE MIRANDA: Then again maybe your bar does more

10:35:01 business than WalMart.

10:35:03 >> Well, we hope so.

10:35:04 [ Laughter ] the way they analyze it, it's kind of like --

10:35:09 the pool bar will have pool table, darts.

10:35:13 It's the whole deal.

10:35:14 Only looking at worst cases.

10:35:16 This is the target on Gandy at Himes.

10:35:18 They have 401 spaces and 105,000 square feet.

10:35:23 We are 20,000.

10:35:26 You have a target that's five times as big as this proposed

10:35:29 bar with only 25 more spaces.

10:35:35 And the final one, this is Publix next door to the target.




10:35:38 Gandy and Himes.

10:35:40 63,000 square feet with 254 spaces.

10:35:44 A proposed bar is 20,000 square feet with 276.

10:35:48 So the city is requiring 22 more spaces than a 60,000 square

10:35:52 foot Publix.

10:35:53 Now, you can see here about 7.24-acre site, five acres is

10:35:58 dedicated to parking.

10:35:59 So to fulfill the city's parking requirements, my client

10:36:02 would have to take down a couple acres of Adamo which is

10:36:06 virtually impossible.

10:36:11 So in conclusion, here again, this property has been wet

10:36:14 zoned twice by City Council, unanimously since 2009,

10:36:19 4(COP-X).

10:36:22 Subsequently, the client built out a part of the project,

10:36:28 with wet zoning approval and I think we demonstrated 74

10:36:32 spaces is adequate in light of the fact the city approved

10:36:36 two other bars across the street with lower parking ratio.

10:36:40 And I think historically, because of their success -- and

10:36:44 you probably haven't heard any complaints -- is that they

10:36:47 have demonstrated that in this heavy industrial area, they

10:36:49 are compatible.

10:36:50 There's nowhere else to park.

10:36:53 You can't go onto Adamo and things like that.

10:36:56 Again only the operate can be affected.

10:37:06 And one other thing here, too, I represent the Friedman




10:37:10 trust brothers.

10:37:11 They own a property to the east which is roughly two acres.

10:37:14 And they are kind of in the same position as I guess you

10:37:16 would call it Red Star, the rock 'n roll bar, is that they

10:37:22 could use the lot next door.

10:37:23 But your city regulations preclude that.

10:37:26 And I could come up here with the lease and do that, okay?

10:37:29 But here again, we still need a waiver from the 276 to 74.

10:37:34 >>MARY MULHERN: So that being said, we respectfully request

10:37:39 approval.

10:37:42 If you have any questions, naturally I'll try to answer

10:37:44 them.

10:37:46 >>CHARLIE MIRANDA: Ms. Mulhern?

10:37:47 >>MARY MULHERN: I have a few questions.

10:37:48 Is it operating as a bar now?

10:37:50 >>MARK BENTLEY: Part of it, yes.

10:37:56 >>MARY MULHERN: So what's triggering the new parking

10:38:00 requirement, is that all on the outdoor area?

10:38:04 >>MARK BENTLEY: No.

10:38:05 >>MARY MULHERN: So I want to understand a bar that can hold

10:38:13 a thousand people.

10:38:14 Is it a dance club?

10:38:15 Is it live music?

10:38:18 >>MARK BENTLEY: It's a combination.

10:38:19 Pool table, dance, seated bar, things like that.




10:38:26 Just your typical bar.

10:38:28 >>MARY MULHERN: And how many square feet is it?

10:38:32 For the patrons?

10:38:35 >>MARK BENTLEY: Just ballpark.

10:38:37 The outside is roughly 2,000 square feet.

10:38:39 Okay.

10:38:40 Which was approved last year.

10:38:42 And the balance of the property, there is a warehouse way in

10:38:46 the back.

10:38:47 That's not part of the petition.

10:38:48 The balance is 1,000 square feet.

10:38:50 >>MARY MULHERN: So the outdoor is --

10:38:53 >>MARK BENTLEY: 2,000.

10:38:54 >>MARY MULHERN: Oh, 18,000.

10:39:00 It's very large.

10:39:00 So it seems like it's going to hold a lot of people.

10:39:03 And I'm not really convinced when you compare those to a

10:39:10 retail, because I go to target, and I park, and spend

10:39:19 hopefully an hour and not more there, and then I leave.

10:39:22 So they don't need as much parking because there's so much

10:39:25 more turnover.

10:39:26 If you go to a bar, he specially somewhere where there's

10:39:30 going to be music or dancing, you are going to be there for

10:39:32 a long time.

10:39:34 If it can hold a thousand people and they are going to be




10:39:36 there for maybe two shifts of people, you are going to need

10:39:40 more parking.

10:39:41 >>MARK BENTLEY: But my point was not really to compare

10:39:45 retail to a bar.

10:39:46 My point was to demonstrate that from our perspective the

10:39:49 code is not realistic.

10:39:51 >>MARY MULHERN: Well, I'm not disagreeing with you.

10:39:53 I'm just saying I don't think you are comparing apples to

10:39:56 oranges.

10:39:57 >>MARK BENTLEY: I understand.

10:39:58 But again two other bars that have less.

10:40:01 >> And this is the other question which would be really in

10:40:05 favor of your argument.

10:40:10 The owner of the property in question also owns the property

10:40:14 next door.

10:40:17 >> Correct.

10:40:19 >> Is there parking available there?

10:40:21 >>MARK BENTLEY: Oh, sure.

10:40:22 >>MARY MULHERN: I mean, this is different.

10:40:25 To me this seems a little different than saying you are

10:40:28 signing a lease with a third party, if it's the same owner

10:40:36 who is going to make a commitment to allow the parking.

10:40:40 I guess this is the way for legal.

10:40:44 And how much parking is there available on that next door

10:40:47 lot?




10:40:48 >> Well, here is the subject property.

10:40:54 Here is the subject, and the client owns the entire property

10:40:57 next door.

10:40:58 >>MARY MULHERN: How much parking would be available?

10:41:03 >>MARK BENTLEY: To be honest with you, I really can't give

10:41:06 you a number here.

10:41:06 It's probably in the magnitude of 150 but I have to go back

10:41:09 and count them.

10:41:10 >>MARY MULHERN: Okay.

10:41:12 And what was our parking number?

10:41:17 >> It was 276, and we have 74.

10:41:20 >>MARY MULHERN: But you think there might be around 150?

10:41:25 >> Yes.

10:41:25 We could enter into a lease.

10:41:27 But here again, here is the dilemma, is that you can only

10:41:31 fulfill required parking on the adjacent property within a

10:41:33 thousand feet, if that use -- okay, if that use is a

10:41:39 permitted principal use, but a bar is not a permitted

10:41:42 principal use.

10:41:44 It's an S-2.

10:41:46 That's what happened to the rock 'n roll bar.

10:41:48 They got a lease next door but it didn't really matter.

10:41:51 So we are in the same boat.

10:41:52 >>MARY MULHERN: The property next door, what is the use?

10:41:54 >> Vehicle repair and warehouse.




10:41:56 >>MARY MULHERN: So vehicle repair.

10:42:00 Do they have available parking?

10:42:03 >>MARK BENTLEY: Yes, they do.

10:42:04 It's not the best aerial here, but it's primarily vacant.

10:42:08 And then they obviously close down at 5:00.

10:42:10 So it would be offhours.

10:42:12 >>MARY MULHERN: Well, I would suggest that for our

10:42:14 information, when you come back for -- if you come back for

10:42:19 second reading, bring us -- show us what parking there is

10:42:25 next door.

10:42:26 >>MARK BENTLEY: No problem.

10:42:28 >>CHARLIE MIRANDA: Mrs. Capin, then Mr. Cohen, in that

10:42:31 order.

10:42:39 >>YVONNE CAPIN: Thank you.

10:42:40 Mr. Bentley, you brought up the previous two we passed with

10:42:48 leases for parking, or reduced parking.

10:42:52 And then you brought up Howard Avenue.

10:42:57 And I have to say, if those two were passed and we have to

10:43:05 be very diligent because Howard Avenue back in the day when

10:43:12 they were trying to build that area up, so your analogies

10:43:20 are very good, I think, because you have -- I agree to come

10:43:26 back with the if this goes to second reading, on this Adamo

10:43:36 Drive, we do -- permitting in this area is industrial, and

10:43:40 it is different than what we have in Seminole Heights or

10:43:47 Howard Avenue.




10:43:48 So I just wanted to let you know that your analogies or your

10:43:56 comparisons are very good.

10:43:58 And I understand the difference, and I understand your point

10:44:02 of between target and Publix and I agree with Ms. Mulhern.

10:44:11 I don't disagree with you that we need to look at this

10:44:14 ordinance and how it's structured, and may be outdated, may

10:44:20 need some tweaking.

10:44:22 So I appreciate you bringing that forth.

10:44:26 >>CHARLIE MIRANDA: Mr. Cohen?

10:44:27 >>HARRY COHEN: I think the analysis was going in a very

10:44:32 good direction here, because this -- my only concern on this

10:44:38 is, I don't want people crossing Adamo Drive after they have

10:44:43 been in a bar at night because they couldn't find anywhere

10:44:48 to park.

10:44:48 So when you are thinking about what is going to happen when

10:44:53 there's over 74 cars, what I hear you saying is right next

10:44:59 door to this property is one owned by the same owner, and

10:45:04 it's basically a daytime use that has a lot of parking

10:45:08 space.

10:45:09 So nobody would really be compelled to park across Adamo and

10:45:14 then try to dodge traffic in order to get to the bar.

10:45:17 >> That's correct.

10:45:21 >>HARRY COHEN: And I think where Mrs. Mulhern was going, if

10:45:25 on second reading you can show us a little bit of this, if

10:45:27 this goes to second reading, if you can show us a little bit




10:45:30 of how that would lay out, I think it would give us a

10:45:35 comfort level that we wouldn't have people running back and

10:45:37 forth a -- back and forth across a busy street.

10:45:41 >> Sure, not a problem.

10:45:43 >>CHARLIE MIRANDA: Thank you.

10:45:43 Any other council members?

10:45:44 Anyone in the audience care to speak on item number 49?

10:45:47 49?

10:45:48 Please come forward.

10:45:50 I see no one.

10:45:51 I have a motion to close by Mrs. Capin.

10:45:53 Seconded by Mr. Suarez.

10:45:55 All in favor of the motion?

10:45:56 Opposed?

10:45:58 The hearing is now closed.

10:46:01 Unanimously.

10:46:02 Okay, Mr. Suarez, would you kindly take number 49 on first

10:46:05 reading?

10:46:06 >>MIKE SUAREZ: I present an ordinance being presented for

10:46:09 first reading consideration, an ordinance repealing

10:46:12 ordinance number 2012-84 for alcoholic beverage sales large

10:46:20 venue on premises only and making lawful the sale of

10:46:25 alcoholic beverages regardless of colic content at 6807 east

10:46:32 Adamo Drive, Tampa, Florida as more particularly described

10:46:35 in section 3, that all ordinances or parts of ordinances in




10:46:38 conflict are repealed, providing an effective date.

10:46:41 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez on first

10:46:43 reading.

10:46:43 I have a second by Mr. Cohen on 49.

10:46:45 All in favor of the motion indicate by saying aye.

10:46:47 Opposed nay.

10:46:49 Motion passes unanimously.

10:46:50 >>THE CLERK: Second reading of the ordinance will be held

10:46:54 August 22nd at 9:30 a.m.

10:46:57 >>CHARLIE MIRANDA: We go to staff reports.

10:46:59 Item number 50.

10:47:04 Mr. Jorge Martin, or George Martin.

10:47:10 >> Good morning chairman, members of City Council.

10:47:16 Jorge Martin with the city attorney office in Tampa.

10:47:20 The report is in response to the motion by Councilman

10:47:23 Reddick, seconded by Councilwoman Capin, 2013.

10:47:33 It has to do with a permit application and permit filed by

10:47:45 Martinez Wright on proceeding back on June 27.

10:47:52 The report asked us to look into the background of the

10:47:55 permit and determine its status.

10:47:59 On June 28th, I contacted David houseman with the

10:48:05 transportation department, the person in charge of these

10:48:07 types of right-of-way permits.

10:48:09 He researched his records and replied to me that there are

10:48:12 no records and no files for this permit.




10:48:16 The permit was issued in January 2002, their files go back

10:48:22 right now only to 2003.

10:48:26 They are periodically disposed of once they are no longer

10:48:29 active.

10:48:30 This was not an active permit.

10:48:32 And the last thing is that by its own terms, permits on the

10:48:39 right-of-way does not create property rights, and when the

10:48:44 city vacated right-of-way, alley, you know, any rights would

10:48:50 go back to statutory or real estate-related factors.

10:48:56 >> Thank you.

10:49:02 Questions by council?

10:49:03 >>MIKE SUAREZ: Mr. Martin, thank you very much thank you

10:49:08 for clarifying.

10:49:09 This I think we have gone through a couple hearings on this

10:49:11 and I was confused most of the time not knowing exactly what

10:49:14 was going on.

10:49:15 Obviously, not having records go back to 2002 doesn't make

10:49:19 it any easier.

10:49:20 But at least I understand what Mr. Wright was talking about

10:49:24 when he came forward, and to think that there were some

10:49:28 property rights involved in it.

10:49:29 Thank you for explaining it to us because it really was

10:49:32 quite a confusing situation at least for my part.

10:49:35 And I'm glad that you were able to find essentially the root

10:49:39 of all this.




10:49:41 Now, in terms of his questions concerning, you know,

10:49:48 obviously the process, he would have to go through a

10:49:51 different process to gain what he thinks he had in the first

10:49:55 place.

10:49:56 Is that correct?

10:49:58 >> Jorge Martin: Right now we vacated the alley.

10:50:04 Martinez Wright by seven and a half feet.

10:50:10 The other gentleman had seven and a half feet abut up to

10:50:15 him.

10:50:17 Forward of that, there is right-of-way, but there's no

10:50:20 access for Mr. Wright to come out to the rear of his

10:50:23 property.

10:50:23 If he wants to reach a private agreement with a neighbor,

10:50:28 that's fine and good.

10:50:29 He doesn't have that as a matter of right.

10:50:35 In fact, he has no right to have a second driveway to the

10:50:38 rear of his property.

10:50:39 He has access to Martin Luther King.

10:50:43 And that's been preserved.

10:50:47 I don't see that he is affected in any way, shape or form

10:50:50 any differently than his neighbor, and the ten other

10:50:53 neighbors to the rear of that property.

10:50:55 >> Has this been explained to both he and the other party

10:51:00 concerning the vacation and everything else?

10:51:03 >> I have had several opportunities to speak to Mr. Wright,




10:51:06 and several people on behalf of Mr. Wright including an

10:51:10 attorney who called on his behalf.

10:51:11 I explained all of that to them, and they seemed satisfied

10:51:14 with the results.

10:51:17 Mr. Deesen from the news outlet contacted me on behalf of

10:51:22 Mr. Wright, or in response to Mr. Wright, and that was

10:51:24 explained to him as well.

10:51:26 So there's been plenty of expansion.

10:51:28 And I think this is pretty straightforward and very

10:51:31 transparent.

10:51:31 >>MIKE SUAREZ: Thank you.

10:51:33 Appreciate it.

10:51:34 >>CHARLIE MIRANDA: Any other council members?

10:51:35 Thank you very much for your report.

10:51:37 Item 51.

10:51:37 51.

10:51:37 >>JULIA MANDELL: Legal department.

10:51:49 Here to ask the legal department, the code enforcement

10:51:52 department, and TPD to report specifically on two

10:51:57 properties, one known as green park and the other known as

10:52:01 Mr. Brown's property.

10:52:02 I did want to advise council that both of those matters are

10:52:06 currently in different stages of legal proceedings,

10:52:12 specifically pending demolition orders that have been

10:52:15 appealed through the circuit court, pending municipal




10:52:19 violations, and Mr. Brown's properties are similarly

10:52:23 situated and in pending stages of legal proceedings so I

10:52:30 would ask you not to discuss those properties specifically,

10:52:33 but I think it's appropriate to discuss generally the

10:52:38 processes that we undergo and what we do in terms of moving

10:52:41 forward with mobile home parks and trailer parks.

10:52:45 Thank you.

10:52:47 >>CHARLIE MIRANDA: Mr. Reddick?

10:52:48 >>FRANK REDDICK: Let me follow up before I talk with Mr.

10:52:55 Slater.

10:53:00 So you are saying to limit our discussion?

10:53:12 >>JULIA MANDELL: I'm requesting these matters in various

10:53:15 stages of legal proceedings that you not discuss these

10:53:18 properties specifically on the record, given the fact that

10:53:20 they are in court, or in front of different various

10:53:23 processes, and under the rules of proceeding when matters

10:53:27 are in litigation or under some form of legal proceeding,

10:53:30 you specifically don't discuss those in public.

10:53:32 >>FRANK REDDICK: That's what I am asking.

10:53:34 Are you saying this is currently in a legal proceedings?

10:53:38 >>JULIA MANDELL: Yes.

10:53:41 Pending demolition orders.

10:53:42 Some of those demolition orders everybody appealed to the

10:53:44 circuit court.

10:53:45 And there's also pending municipal ordinance violations in




10:53:48 front of the municipal criminal court.

10:53:51 And given the fact that these are pending in front of

10:53:54 various judicial proceedings, I'm making that recommendation

10:53:58 that we do not discuss those publicly.

10:54:01 Those particularly properties, and what has been going on

10:54:03 with those particular properties publicly.

10:54:07 But I do think as part of your motion to include an update

10:54:11 generally, how the city handles trailer parks and what we

10:54:16 are doing moving forward I think it's appropriate to discuss

10:54:19 those things generally, and I know that Mr. Slater is

10:54:22 available and prepared to discuss generally the trailer park

10:54:26 issues.

10:54:26 >>FRANK REDDICK: All right.

10:54:29 And let me just ask this question.

10:54:34 What is the status of the trailer park and Mr. Brown?

10:54:40 >> Mr. Brown's trailer park, I understand that all of the

10:54:43 trailers that were on his property have been removed, but he

10:54:47 is under municipal code violation as well as I believe he's

10:54:52 also got some municipal ordinance violations pending with

10:54:56 criminal court, and therefore I am also recommending that we

10:54:59 don't discuss those publicly as well, although I do

10:55:02 believe -- and I would ask Mr. Slater to just indicate that

10:55:06 the trailers that were located behind his property have now

10:55:09 been removed from the property which was the issue, but he

10:55:14 does have various properties that are under legal




10:55:17 proceedings in different forms.

10:55:20 >>FRANK REDDICK: All right.

10:55:21 I can move beyond that.

10:55:22 That's no problem.

10:55:23 I know you are happy about that.

10:55:24 >>JAKE SLATER: Property administrator.

10:55:33 >>FRANK REDDICK: Let me start off by -- let me first extend

10:55:38 congratulations to you about getting additional support,

10:55:42 resources to help knew code enforcement, in your department.

10:55:47 I congratulate you in that respect.

10:55:48 >>JAKE SLATER: Thank you, Councilman.

10:55:53 >>FRANK REDDICK: And I want to follow up with a discussion

10:55:55 that you had yesterday.

10:55:58 And that's what we were talking yesterday.

10:56:04 One of the biggest problems that I identified in our

10:56:09 discussion was collaboration between the TPD and code

10:56:17 enforcement, as well as with the legal department moving

10:56:21 forward, citation to the court.

10:56:26 And we all know -- we all know that TPD travels through the

10:56:37 city every day and they drive around the city every day.

10:56:43 And we were discussing this.

10:56:45 And I am just bringing this out on the record.

10:56:50 And it seems to me that whatever collaboration we can have

10:56:57 with TPD, when they are traveling the city, and they are

10:57:02 called upon areas where they go out for a crime issue, or




10:57:11 they go out and investigation a report that they receive,

10:57:16 and if they see in the report or the condition potential

10:57:20 violation of code enforcement provision that somehow that

10:57:28 could be reported to code enforcement, my suggestion to you,

10:57:35 when I was discussing this today, is that I was looking at

10:57:44 how can we expedite this process?

10:57:47 How do we stand in collaboration with the agencies, and

10:57:51 understand that TPD has been doing some of it, but how can

10:57:59 we make it a broader issue in order for -- have lapses in

10:58:13 responses to violations?

10:58:15 Because right now, seems like most of the responses that we

10:58:19 are getting from code enforcement are people calling to

10:58:23 complain.

10:58:23 And I understand you have lack of support, lack of staff,

10:58:28 you can't cover the whole entire city, you don't have the

10:58:32 code enforcement mechanisms in place to do it.

10:58:35 And also understand that you have a difficult process with

10:58:38 the data, the type of data, data program where you can track

10:58:50 repeat offenders, and those in serious violation.

10:58:53 But the suggestion I made to you -- and I will ask law

10:59:00 enforcement for their response to this as well -- the

10:59:03 suggestion I made is that when law enforcement are out

10:59:09 traveling, if they are on routine patrol or traffic in the

10:59:14 community, or they are going to respond to a domestic call

10:59:20 or any type of call or violation, and within the 24 hours of




10:59:25 them seeing any deplorable conditions within the city

10:59:31 limits, could the code enforcement violation, that they

10:59:39 report this to code enforcement?

10:59:42 And the thing that I discussed with you, and that once code

10:59:49 enforcement receives that report, and I understand from what

10:59:55 we talked, and that code enforcement, if this could be

10:59:59 feasible, code enforcement will respond within 72 hours, and

11:00:05 the report that they receive pertaining to TPD, and to

11:00:12 investigate in their report and determine if there's a

11:00:15 violation that has occurred, and, if so, they move towards

11:00:21 the process of reporting that and work in conjunction with

11:00:27 the legal department, to see about a process of moving it

11:00:31 through civil litigation or sending it to the court, to see

11:00:46 if these people can be taken care of with any violation.

11:00:48 And that was the discussion we were having.

11:00:51 And my biggest concern is, how do we collaborate, and how do

11:00:59 we expedite the process?

11:01:01 And so I understand that this could be feasible, and this

11:01:14 could be worked out, and put time lines in there in the

11:01:21 report.

11:01:21 So I want to hear what law enforcement will have to say

11:01:27 before you respond, Mr. Slater.

11:01:32 And basically, the question as far as TPD, you are out in

11:01:37 the community every day.

11:01:42 I see officers traveling through the neighborhood, traveling




11:01:44 all around the city.

11:01:45 And I'm pretty sure -- and it's not mandatory, but they can

11:01:53 spot some of these conditions, even when they go on from

11:01:58 calls.

11:01:58 And just that they are able to report to code enforcement,

11:02:06 and how would TPD feel about that?

11:02:11 >> Well, Marc Hamlin on behalf of the Tampa Police

11:02:14 Department.

11:02:15 We already do that.

11:02:16 We report a lot of things to different city departments.

11:02:21 With the observation skills are one thing.

11:02:23 We are not trained to observe code violations, fire code

11:02:29 violations or things like that.

11:02:30 We see a tree that could be hazardous blocking a stop sign,

11:02:35 we contact parks and rec.

11:02:36 We see a crowded building that we think might be overcrowded

11:02:39 and we would call the fire marshal, have them come out and

11:02:42 check.

11:02:42 We call code all the time.

11:02:45 And I can't speak for every individual situation that the

11:02:49 police come across, what they observe, what they don't.

11:02:52 It's possible that the police have been to locations that

11:02:54 have code violations several times that are unaware of their

11:02:59 code violations due to lack of training and things like that

11:03:02 with code violations.




11:03:03 But if they observe something they feel is a violation of an

11:03:06 ordinance or a code, they report -- we report it to the

11:03:09 proper authorities immediately.

11:03:10 So the 24-hour period is really an issue because we do it

11:03:15 immediately throughout our communication system.

11:03:16 >>FRANK REDDICK: Let me just take one step and then I will

11:03:22 move on from this, Mr. Chair.

11:03:28 The city is currently in the process of training 134

11:03:32 officers to address the ordinance that was recently passed

11:03:39 pertaining to the homeless issue.

11:03:40 >> Correct.

11:03:44 >>FRANK REDDICK: Why can't we, the city, train some of

11:03:47 these same officers to understand, have a better

11:03:54 understanding of code enforcement violation?

11:04:01 And they are out there every day.

11:04:04 And if we can train for the homeless issue to find shelters

11:04:11 and other places, it seems that we can also train some of

11:04:14 these officers, the officers to address code violations

11:04:21 issues, within the city.

11:04:28 We have a homeless population.

11:04:30 We have a serious problem with code enforcement.

11:04:34 And in my district, reading what's on the report every day,

11:04:45 most of them, 75, 80% of them are occurring in my district.

11:04:50 So if we can train -- and I know you are probably going to

11:05:01 speak to that.




11:05:02 But I just want to know if we can put training in place for

11:05:11 those that deal with code enforcement violation, same thing

11:05:15 we are doing with the homeless population, if that's a

11:05:19 possibility, if so, how can it be implemented?

11:05:25 >>CHARLIE MIRANDA: Thank you very much.

11:05:25 I have Mrs. Capin and then Mrs. Mulhern.

11:05:30 >>YVONNE CAPIN: Mr. Slater, is the property that Mr. Brown

11:05:36 owns, is that in the court?

11:05:40 I spoke to you yesterday and I didn't understand -- I

11:05:43 understand the green.

11:05:44 >> There's currently a zoning case on the property for a

11:05:50 change of use issue.

11:05:52 And that is pending.

11:05:55 >>YVONNE CAPIN: A zoning case going through our

11:05:57 administration?

11:05:58 >>JAKE SLATER: Yes, ma'am.

11:06:00 >>YVONNE CAPIN: But not in a court of law?

11:06:03 >>JAKE SLATER: I am not aware of any type of criminal

11:06:05 sanctions regarding the property.

11:06:08 >>YVONNE CAPIN: Thank you.

11:06:08 >>JULIA MANDELL: There are some other pending litigations

11:06:20 so that's why I am suggesting we don't discuss it.

11:06:24 >>YVONNE CAPIN: Thank you.

11:06:32 As to Councilman Reddick discussion with TPD, solid waste,

11:06:39 code enforcement, you said yesterday when we spoke, five




11:06:46 solid waste employees will be trained, or to be another set

11:06:51 of eyes for code enforcement.

11:06:53 Is that what I --

11:06:55 >> Solid waste currently has five dedicated code enforcement

11:07:00 officers, and then they will be trained in the type of

11:07:03 enforcement powers we have concerning chapter 19 property

11:07:06 violations, chapter 27 zoning violations, and also signage

11:07:14 and we are very pleased about that.

11:07:16 >> That is very important.

11:07:18 In addition to the four given to code enforcement.

11:07:23 So that's nine.

11:07:26 >> By about 30%.

11:07:29 >>YVONNE CAPIN: My concern is that there were about 112

11:07:36 calls to -- I don't think -- Mr. Hamlin, I'm looking at

11:07:45 this, and I'm thinking, does it take training to see that

11:07:50 there's cardboard on windows, that there is rodents, that

11:07:56 you can smell, see?

11:07:59 And to me, that many visits should have triggered something

11:08:06 from -- and like it's not unique.

11:08:13 There's many, many calls.

11:08:15 And one of the things that -- maybe you can help me with

11:08:22 this.

11:08:23 In the newspaper every week, there's a page, or page and a

11:08:26 half, of crime reports by zip code.

11:08:32 How does that come about?




11:08:35 >> I have no idea.

11:08:37 >>YVONNE CAPIN: That's the media doing it on their own?

11:08:40 >> It's all public record.

11:08:44 >>YVONNE CAPIN: Public record.

11:08:44 Mr. Slater, are code violations public record?

11:08:49 Everything public record?

11:08:50 >> Yes.

11:08:52 >>YVONNE CAPIN: I would suggest to the media to publish

11:08:54 those.

11:08:54 >> They are.

11:08:55 >> Where are they published?

11:09:02 >>CHARLIE MIRANDA: We have the hearings coming up on the

11:09:03 code violations section.

11:09:04 There's a list of about four columns by six columns.

11:09:09 >>YVONNE CAPIN: On the hearings.

11:09:11 That's the hearings.

11:09:15 When there are burglaries, car thefts, and by zip code is

11:09:18 published in the newspaper every week.

11:09:22 I would suggest the media pick up those zip codes and

11:09:26 publish -- they were cited, because all that's being

11:09:33 reported from the clients is that it happens.

11:09:38 It doesn't say they are appealing.

11:09:39 It doesn't say what day they are going to court.

11:09:42 It just lets you know what is happening in those area codes.

11:09:46 And I think that would be a very valuable -- I thought that




11:09:50 maybe we were doing that.

11:09:52 And I thought that maybe that was something that our law

11:09:57 enforcement and the media --

11:10:01 >> You can go to our Web site and I think that's what they

11:10:06 are doing.

11:10:06 I don't know for sure but -- you can pull up the calls for

11:10:10 service, everything.

11:10:13 >>YVONNE CAPIN: Since the media had a lot of pages on this

11:10:15 issue that we are looking at, they may want to look at

11:10:19 printing those, and letting the public know what is going on

11:10:23 in their neighborhood.

11:10:25 And I think that would be very helpful.

11:10:30 But again, more coordination would be very, very valuable.

11:10:36 And, of course, I have to backtrack on myself.

11:10:44 When I said that prior to the past four years, what we cut

11:10:49 back on code enforcement, on different -- and the services,

11:10:54 we are now seeing what happens.

11:10:56 Some services continue to be provided.

11:11:00 This one obviously lacked.

11:11:04 But what I said was that, see, previously this was a lot of

11:11:08 money coming in that wasn't spent correctly.

11:11:10 I want to correct myself.

11:11:11 Previously, we had a housing bubble.

11:11:14 And as that gentleman stated that was here earlier -- he

11:11:18 left -- I saw him leaving -- but he bought a property, and




11:11:22 his taxes after he bought the property were more than he

11:11:24 paid for the property.

11:11:27 That's a bubble.

11:11:30 And now what we are dealing with is all those properties --

11:11:32 and they bought them everywhere.

11:11:33 They bought them in Seminole Heights.

11:11:35 They bought them everywhere.

11:11:42 They overpaid for properties add then abandoned them.

11:11:45 So we didn't have that.

11:11:47 The problem we have to date, we didn't have when that money

11:11:49 was rolling in.

11:11:51 It did not exist.

11:11:53 It exists now.

11:11:54 And that's the difference.

11:11:55 So he was way off on that.

11:11:58 And I have to correct myself in that.

11:12:02 That bubble that has created 6,000 -- in 2007, I went online

11:12:12 to look up how many foreclosures were in the peninsula, from

11:12:15 Kennedy Boulevard to MacDill Air Force Base Bay to Bay.

11:12:20 I thought maybe 300, 350.

11:12:22 It was over 1,160 foreclosures in the peninsula alone.

11:12:29 That is the problem that we didn't have that problem then,

11:12:32 and that bubble caused all these abandoned properties that

11:12:36 people walked away from, investors walked away from, and now

11:12:41 we are looking at -- tell me, how many rental




11:12:49 certificates -- they are coming up now.

11:12:53 Is it the same time every year that the certificates come

11:12:55 up?

11:12:55 >> The rental certificate program under ordinance, each of

11:12:58 the rental properties here in the City of Tampa has to be

11:13:01 inspected once every three years.

11:13:03 We have approximately 17,000 rental properties on our tax

11:13:07 base.

11:13:08 >> So it rotates.

11:13:11 But once every three years.

11:13:13 You know, when they are inspected, I can just imagine the

11:13:19 people not being there, the man hours that has got to be

11:13:25 spent on this alone, and it's added on top of everything

11:13:31 else, 6,000 vacant homes, 17,000 certificates, so every

11:13:37 three years has to be inspected, and how many people on

11:13:41 staff?

11:13:41 >> I have a total of 26 inspectors currently, and the mayor

11:13:45 authorized two new positions, and he's authorized me to fill

11:13:48 two open positions.

11:13:49 So that's four more.

11:13:50 And with the five coming up from solid waste, that gives me

11:13:55 nine more eyes and ears out there, which is tremendous.

11:13:59 >>YVONNE CAPIN: And we still have in the pipeline

11:14:01 foreclosures coming through?

11:14:02 >> Every one of those 6,000 and about 157 foreclosures that




11:14:07 we know about, which are on our foreclosure registry, the

11:14:10 majority of those become active code enforcement cases.

11:14:15 We have to go out and inspect.

11:14:18 We have to go out and make sure, you know, that the property

11:14:22 is maintained.

11:14:23 But most of them become active code enforcement cases.

11:14:33 >>YVONNE CAPIN: What I was trying to get at, the picture is

11:14:36 much bigger.

11:14:37 There's a lot more required from code enforcement than just

11:14:45 the most egregious.

11:14:49 It is 26 people, 6015 foreclosures, 17,000 rental properties

11:14:58 inspected every three years.

11:15:05 I don't see how it gets done.

11:15:07 Something is falling through the cracks.

11:15:09 Obviously, we saw what happened.

11:15:11 And that did fall through the cracks.

11:15:13 And, you know, one of the things, here at council, we have

11:15:18 been pushing code enforcement for more and more help and

11:15:22 more all of this, but it was a crisis that brought us to

11:15:26 this point.

11:15:27 It was a crisis that made it, well, now you have four new

11:15:33 employees, and five from solid waste.

11:15:36 So all of that, you know, did come to a head.

11:15:43 I do believe this needs to really -- I think we need to

11:15:47 really delve into this and study this before this budget




11:15:50 passes and look at how we are going to fund and actually man

11:15:57 this.

11:15:57 And I think that -- I would like to, if you will, I don't

11:16:02 know about the rest of the council, but I would like a

11:16:05 report on what would be ideal in order to cover all of this.

11:16:13 >>JAKE SLATER: First of all let me say thank you for all

11:16:18 your support behind the scenes.

11:16:19 Unfortunately, code enforcement is not a quick overall

11:16:23 process.

11:16:24 Property rights is a major, major factor.

11:16:28 We are excited about this new software program coming on

11:16:32 board at the first of the year.

11:16:33 We feel that will hill rep us enhance our overall

11:16:40 preparation.

11:16:40 TPD can actually cite -- they will be able to pull up an

11:16:45 area, see what active code enforcement cases are.

11:16:48 Right now we don't have the capabilities.

11:16:50 So with that coming on the first of the year, along with

11:16:55 some discussions about some increase in our overall

11:17:00 enforcement efforts, if we can come up with a better way to

11:17:05 deal with absentee landlords, that would be major.

11:17:11 >>YVONNE CAPIN: And what would be the suggestion?

11:17:15 >>JAKE SLATER: Well, that's in the infancy stage right now.

11:17:19 We have been addressing legal about that, and we are going

11:17:22 to be looking into coming up with some ways in which we can




11:17:24 deal -- if a person rents a property here in the City of

11:17:27 Tampa, they should be required to maintain that.

11:17:33 And if they are not going to be able to maintain it, we'll

11:17:38 take them to criminal court.

11:17:41 That's easier said than done, though.

11:17:43 >>YVONNE CAPIN: Right.

11:17:44 >> In a perfect world.

11:17:49 >>YVONNE CAPIN: Is that easier said than done because what

11:17:51 the legislature passed in what we have in the state laws?

11:18:01 >>JAKE SLATER: Yes.

11:18:02 We are restricted under the current enforcement process

11:18:06 under Florida State statute and also local ordinances, and

11:18:10 in the process is overall cumbersome in regards to the code

11:18:15 enforcement process, the civil citation process has actually

11:18:19 helped us.

11:18:19 But we have the issue of property owners don't actually show

11:18:26 up for court, fines are issued, it just is an overall type

11:18:32 of cycle which is hard to get your hand around.

11:18:35 >> Tell us when you find the property to be uninhabitable

11:18:41 for humans.

11:18:43 What's the process?

11:18:46 How soon can they be moved out?

11:18:49 >> If the code enforcement process deems a property to be

11:18:52 unfit for actually human habitation, we end up posting the

11:18:58 property, and we end up issuing notice to the property owner




11:19:02 and also the tenant.

11:19:03 And we give them a short period of time, an emergency,

11:19:12 unless it's real bad, we give them normally three or four or

11:19:15 five actually days to find other locations, and we work with

11:19:19 them to help them relocate.

11:19:24 And then if they don't, if they are still in the property,

11:19:29 still in the trailer, we will -- we haven't had to do this,

11:19:35 thank God, that we oh would probably call TPD to have them

11:19:38 come and actually be forced out.

11:19:40 But we don't want to do that.

11:19:42 We want to provide them some type of lodging, work with our

11:19:47 housing department to improvise a type of funding for

11:19:50 relocation.

11:19:54 It's not that much actually money.

11:19:57 I think it's about $500 for actual moving expenses and also

11:20:01 for the first month's rent, which is about $1500 maximum.

11:20:07 And they have to fill out applications.

11:20:09 They have to qualify for this.

11:20:11 We don't want to do that.

11:20:15 >>YVONNE CAPIN: Are you seeing a light at the end of the

11:20:17 tunnel, so to speak, with the new I.T. coming in?

11:20:24 >>JAKE SLATER: Yes.

11:20:25 I think with the recent merger with clean cities, to help us

11:20:30 respond to the various type of dumpings.

11:20:33 Our software application is coming on board.




11:20:36 As of the first of the year the increase in manpower.

11:20:39 I'm confident that we can do a quicker job.

11:20:46 >>YVONNE CAPIN: Thank you.

11:20:47 >>CHARLIE MIRANDA: Thank you.

11:20:48 Ms. Mulhern.

11:20:48 >>MARY MULHERN: Thank you, Mr. Chairman.

11:20:50 Great observations by Councilwoman Capin and Councilman

11:20:54 Reddick.

11:20:56 I would like to say that Councilman Reddick's suggestion

11:21:01 that all officers be trained, it's a great idea.

11:21:06 All PD TPD officers, Chief Hamlin, I think maybe starting

11:21:14 with your 120 some and then just over the years, so

11:21:18 everybody is trained, when they are on the street, that

11:21:21 everybody is working.

11:21:24 Is that something you would say we could do?

11:21:27 >> As Mr. Reddick pointed out, I can't make a policy

11:21:30 decision here for the chief of police.

11:21:31 But I will tell you we are receptive to help solve this

11:21:34 issue.

11:21:35 I know we would sit down at the table for sure.

11:21:36 >>MARY MULHERN: It becomes a part of whatever your regular

11:21:40 training, and be phased in, in looking for code enforcement

11:21:44 violations.

11:21:44 And they are probably already doing those, I would guess.

11:21:49 And really that's what I wanted to say first.




11:21:52 Overall, the years that I have been on council, we get code

11:21:57 enforcement complaints at our council meetings.

11:22:01 Everyone from TPD, from code enforcement, from solid waste,

11:22:05 has always been really receptive, and really helpful, and

11:22:08 the problem is not that anyone isn't doing the utmost, the

11:22:13 best job that they can do.

11:22:15 It's that we don't have the resources and the personnel, as

11:22:19 Councilwoman Capin talked about, the economy has put us in

11:22:23 this terrible position where we have so many more violations

11:22:28 because the of the foreclosure crisis.

11:22:31 And I think we have even bigger problems than just the

11:22:34 houses that are in the process of foreclosure, or have been

11:22:38 foreclosed, that we have these zombie houses that no one

11:22:43 knows that people have moved out and they are not even in

11:22:46 the court system.

11:22:47 And I also want legal, because they are working on trying to

11:22:51 increase what we can do within the court system to be able

11:22:57 to enforce them, because our hands are tied in a lot of

11:23:02 them.

11:23:02 So I just want to thank everybody on staff for what they are

11:23:05 doing and the mayor for the fact that he's made it a

11:23:08 priority to demolish the houses that need to be demolished

11:23:11 and to put more money into code enforcement.

11:23:15 But I want to make some suggestions, because here are some

11:23:21 positive things that we can do.




11:23:23 And I think especially at budget time, council can push for

11:23:27 this, and we can ask for the administration to work with us

11:23:30 on this.

11:23:31 One really good piece of news is we now, after my six years

11:23:36 on council, and in the last few terms, and also probably for

11:23:47 many councils before my tenure, we have been asking for the

11:23:52 city to have a grant writer.

11:23:54 And we have now hired a grants writer.

11:23:57 So I just looked through today's Councilman Reddick's

11:24:05 committee, Public Safety Committee, which I think code

11:24:07 enforcement is absolutely a public safety issue.

11:24:10 And there are a lot of sources of grant funding that I think

11:24:12 we should look into and see if we can use some of those

11:24:17 things that we use all the time for the police department,

11:24:20 for code enforcement.

11:24:22 We have law enforcement grants.

11:24:24 We have the urban area security grants.

11:24:29 You know, I'm not sure of the restrictions.

11:24:31 But that seems like something that we do use for code

11:24:35 enforcement, to hire more code enforcement officers.

11:24:38 We have homeland security money that we get regularly.

11:24:41 We have CDBG money.

11:24:43 We have housing -- HUD grants that are probably available

11:24:48 out there.

11:24:49 And Councilman Cohen might know more about this from clerk's




11:24:56 duties.

11:24:56 But because of the mortgage crisis, I have to believe that

11:24:58 there's some Justice Department or some kind of funding out

11:25:01 there to help cities with the whole problem of foreclosures

11:25:09 and the terrible code enforcement problems we have.

11:25:11 I think we get our grants writer to start looking at these

11:25:14 and the individual departments to look at them.

11:25:18 It do really move us a long way.

11:25:20 And one other thing I just wanted to second.

11:25:23 I think it was Councilman Reddick that said this about solid

11:25:27 waste.

11:25:29 I think every solid waste person who is in the truck, on the

11:25:35 street, it should be part of their daily, hourly job that

11:25:41 they are looking for code enforcement violations.

11:25:44 Because all of them are there.

11:25:45 And that's what they are doing.

11:25:47 They are driving down the street and looking around.

11:25:49 So they should all be trained in that.

11:25:50 And I think even more so than the police department doing

11:25:54 it.

11:25:56 It fits in so well with solid waste.

11:25:59 And maybe that's another area where I don't know that you

11:26:04 need a lot of money to do this, or just make that part of

11:26:07 your regular training regimen.

11:26:10 You know, we can look for grants for that, too.




11:26:12 And that might be something that we can find from the EPA,

11:26:16 some kind of environmental fund, federal funds that could

11:26:19 help with those grants.

11:26:20 So that's what I am going to try to look at.

11:26:22 And I am going to meet with the grants writer and make these

11:26:25 suggestions.

11:26:26 But I think if the department says to the mayor, look, have

11:26:31 our grant people find us some money for this and this and

11:26:36 this.

11:26:36 It would really help a lot.

11:26:39 I know you are happy to get your nine new bodies.

11:26:42 But you need a lot more than that.

11:26:44 >>JAKE SLATER: I appreciate the support and those great

11:26:47 ideas.

11:26:47 Thank you.

11:26:48 >>CHARLIE MIRANDA: Mr. Cohen?

11:26:49 >>HARRY COHEN: Thank you very much, Mr. Chair.

11:26:51 You know, there is some wisdom to having seven different

11:26:56 brains up here because people come up with very interesting,

11:27:00 creative ideas of how to solve these different problems.

11:27:04 And I have heard some today that certainly I can support in

11:27:08 terms of ways to move forward.

11:27:10 I would like to add a couple to the mix.

11:27:15 And there are two in particular that I would like to just

11:27:18 briefly throw out there for everyone's consideration.




11:27:22 First is something that you and I spoke about a little bit

11:27:25 yesterday, and that is the resurrection of a program that

11:27:28 the city had many years ago called peer to peer which was a

11:27:33 program that actually won an award from the national civic

11:27:36 league, and it was a program whereby neighborhood

11:27:40 associations were trained in also looking for code

11:27:44 enforcement violations and were given the ability to send

11:27:49 postcards to the violators to at least put them on notice to

11:27:52 the fact that the neighborhood was watching and was aware of

11:27:56 these things.

11:27:57 We have a lot of very organized neighborhood associations in

11:28:00 the city.

11:28:00 A lot of them are very active.

11:28:02 And considering that there is a new initiative coming out of

11:28:06 the mayor's office for a neighborhood university, it would

11:28:09 seem to me that one area that people could be trained in

11:28:13 would be how to spot code enforcement violations.

11:28:16 We have had a lot of discussion here about not wanting to

11:28:19 put individual citizens in the position of being code

11:28:23 enforcement police, but neighborhood associations are

11:28:26 different.

11:28:27 And in many ways are protected from, but they can also be

11:28:37 the eyes and ears of the code enforcement department.

11:28:39 So I want to just throw that out there.

11:28:41 But the second item really follows on something Councilwoman




11:28:47 Mulhern mentioned about my own experience in the court

11:28:50 system, and that is this.

11:28:52 Why does our civil citation system for traffic work so well?

11:28:56 Why do we not have these problems, collecting the money and

11:29:00 enforcing the tickets that are issued for civil traffic

11:29:03 citations?

11:29:04 The reason is simple.

11:29:06 Because if you don't pay the civil traffic citation, your

11:29:10 driver's license driver's license gets suspended.

11:29:12 And if you go to renew your license plate, and you haven't

11:29:16 paid your ticket, you can't get just a little sticker that

11:29:19 you can put on your car that allows you to drive around the

11:29:22 city.

11:29:22 And the result is that people follow the rules.

11:29:26 Or at least follow the rules -- they may not follow the

11:29:30 rules in terms of getting there but they certainly have a

11:29:33 much higher rate of collection.

11:29:34 The problem that we are going to have in convincing the

11:29:40 department of motor vehicles to suspend the driver's license

11:29:44 of code violators is they are not necessarily related to the

11:29:47 act of not keeping a property up.

11:29:51 But we have got to come up with something.

11:29:55 And if we have to go to the state legislature to get laws

11:29:58 passed, we have to do it.

11:30:00 We have to come up with penalties that are actually going to




11:30:02 have some teeth in them, easily enforced, and be the kinds

11:30:05 of things that because the inconvenience is so large, people

11:30:08 are not going to fool around with it and not pay it.

11:30:16 The way that our system currently works, with liens, it's

11:30:22 all well and good but if you are not preparing to sell your

11:30:28 property, you know, the lien can sit this for a while and it

11:30:30 doesn't impact your day-to-day life and your ability to

11:30:33 conduct business. So one of the things that I would like to

11:30:35 work on with the legal department in the coming months are

11:30:38 some long-term strategies to put some teeth into the

11:30:41 enforcement so that -- and I have to say, I agree with

11:30:47 everyone, that while I think it's excellent that more

11:30:51 resources have been provided by the mayor through your

11:30:54 department by way of a few individual bodies being added,

11:30:58 when you have 17,000 rental properties and 6,000 foreclosed

11:31:03 homes that you know about and that are actually registered,

11:31:08 throwing people at it is certainly going to be helpful, but

11:31:14 it's never going to solve the problem totally unless we can

11:31:17 do something at a state level that will actually give the

11:31:21 people that are enforcing these laws some teeth.

11:31:24 So that is my suggestion of where we go perhaps.

11:31:29 When you go to pay your property taxes, you all of a sudden

11:31:33 run into roadblocks in being able to actually get your taxes

11:31:37 paid, and you not end up on the delinquent list, if you have

11:31:41 got code violations.




11:31:42 There's a lot of different things that I think we can look

11:31:45 at.

11:31:46 So thank you very much.

11:31:47 >>CHARLIE MIRANDA: Mrs. Montelione?

11:31:48 >>LISA MONTELIONE: Thank you.

11:31:49 And I guess there's also a benefit in speaking last.

11:31:53 >>CHARLIE MIRANDA: No, you are not last.

11:31:57 Mr. Suarez gets to speak.

11:31:58 I just want you to know that.

11:32:00 >>LISA MONTELIONE: My apologies.

11:32:01 It felt like everybody had spoken.

11:32:04 I want to say that I have been following all the code

11:32:09 abatements and demolitions the ordinances that come before

11:32:17 us every week.

11:32:17 And this is a calculation over the past year.

11:32:20 I have gone through them.

11:32:21 And attached them to indicate multiple property owners to

11:32:28 our real estate investment trust, or there's a company

11:32:34 called Tarpon IV, I believe it is, LLC, that was written up,

11:32:39 and when I researched that company I found they were written

11:32:42 up -- I believe in the Chicago Tribune, they have been

11:32:44 written up in other papers across the country, because they

11:32:48 own hundreds of thousands of properties across the United

11:32:52 States and are well-known across the United States for not

11:32:57 caring for their property.




11:32:59 So they put the burden on municipal governments, not just

11:33:03 ours but all across the country to be take care of their

11:33:07 property for them, and then when et cetera time, they unload

11:33:13 their properties, and recycle properties.

11:33:16 They have never touched them.

11:33:18 They have never renovated them.

11:33:19 They never maintained them.

11:33:21 But they hold until such time as they can en masse turn them

11:33:24 over to other investors and sell them in package deals.

11:33:30 I would love to find a way, and other municipalities across

11:33:32 the country -- and I have attempted this, but Tampa is known

11:33:36 to be innovative.

11:33:37 Maybe we can be the ones who can find a way that can bring

11:33:41 that particular company -- Tarpon IV LLC -- I can verify

11:33:50 that -- to some kind of resolution, where they have to be

11:33:53 responsible.

11:33:54 And that's something I am going to ask the legal department

11:33:58 to begin looking at to identify that company, the numbers of

11:34:03 properties they own in the city, and a legal vehicle by

11:34:10 which we can prosecute them and hold them account

11:34:13 accountable.

11:34:17 Everybody has great things to say as Mr. Cohen pointed out

11:34:20 on ideas.

11:34:21 What I do want to do is some concrete steps, and that a year

11:34:27 ago, as a matter of fact, the memo is dated March 22nd of




11:34:32 2012 in preparation of one of our City Council meetings.

11:34:36 Dennis Rogero sent us a memo itemizing the information, so I

11:34:45 don't have updated numbers.

11:34:47 These are old numbers.

11:34:48 But the amount of homesteaded -- these are homesteaded

11:34:52 properties, 2010, $4,484,125, and fiscal year 2011, 1.8

11:35:05 million almost, and in 2012 the numbers are pretty similar,

11:35:08 and I thought we had asked -- I thought we passed by

11:35:12 motion -- maybe we didn't -- for a collection agency to be

11:35:16 hired to pursue the outstanding dollar amounts that we have

11:35:21 in code enforcement violations.

11:35:23 >>JAKE SLATER: That's correct.

11:35:26 We did contract with an outside collection agency.

11:35:29 I don't have that information available.

11:35:30 But I know that the overall results were not what we were

11:35:33 hoping for.

11:35:36 >>LISA MONTELIONE: And why is that?

11:35:38 >>JAKE SLATER: I don't know exactly --

11:35:44 >>HARRY COHEN: I'll tell you what the problem is.

11:35:47 The problem is all they can do at the end of the day is pull

11:35:50 somebody's credit rating.

11:35:51 And if you are a huge code violator, you probably don't

11:35:54 care, or if LLC owns it, it can't even attach to a person's

11:35:58 credit rating.

11:35:59 Of the just attaches to some shell company that the person




11:36:01 doesn't care about.

11:36:02 >>LISA MONTELIONE: Thank you, Mr. Cohen.

11:36:04 So we do need to find a way to either hit these folks in the

11:36:10 pocketbooks or through the legal system, and I know that

11:36:12 takes a lot of time.

11:36:14 We have three different routes that we travel now, and maybe

11:36:16 legal can check them, and the Code Enforcement Board is one

11:36:21 civil citation, and going to civil court with a notice to

11:36:24 appear is the third.

11:36:25 Is that correct?

11:36:27 >> Yes.

11:36:29 >>LISA MONTELIONE: And I believe that you and I had spoken

11:36:31 previously, so the civil citation route had an 85% success

11:36:35 rate more or less.

11:36:36 >>JAKE SLATER: Right about that, yes.

11:36:41 Right.

11:36:41 >>LISA MONTELIONE: So if we had an 85% success rate on

11:36:46 civil citations, then that would appear to be the best

11:36:51 return for our money.

11:36:52 >>JAKE SLATER: Overall it worked very, very well.

11:36:55 It been a lot faster.

11:36:56 It been a lot more effective.

11:36:59 And it's been a lot less costly in regards to the amount of

11:37:02 inspections required.

11:37:03 >>LISA MONTELIONE: And I see in the civil citation program




11:37:07 is that you are issuing the citations to the tenant, and not

11:37:11 to the property owner?

11:37:12 >>JAKE SLATER: We can issue both.

11:37:18 >>LISA MONTELIONE: But common practice is when you issue a

11:37:21 civil citation who do you issue it to?

11:37:24 >> It's rendered to the tenant.

11:37:27 >>LISA MONTELIONE: So then the property owner removes

11:37:32 tenants all the time as others have discussed here, the

11:37:35 tenant moves on, and maybe that's in that 20 or so percent

11:37:39 that is not compliant with a civil citation.

11:37:44 So would we be able to change the policy when we issue a

11:37:48 civil citation, we issue it simultaneously to the tenant and

11:37:52 the property owner at the same time?

11:37:54 Because ultimately the property owner is the one who is

11:37:56 responsible, because they are the ones who are putting these

11:37:59 tenants in there who are devaluing their property, and

11:38:07 decimating our neighborhood.

11:38:08 >> That could work.

11:38:09 The only problem is if you have as mentioned before, the

11:38:11 property owner is out of state, if it's a corporation, if

11:38:14 it's a bank.

11:38:16 >> We can't issue civil citations to --

11:38:20 >>JAKE SLATER: We can.

11:38:21 We can.

11:38:21 But it hasn't been very effective for out-of-state.




11:38:25 Banks, out-of-state property owner, it hasn't been very

11:38:28 effective.

11:38:28 >> Okay.

11:38:30 Now, assuming that they have a rental certificate on a

11:38:34 property, that they have a tenant in, if they are not

11:38:37 responding to the civil citation, the rental certificates

11:38:44 are issued, but are they renewed on an annual basis?

11:38:49 >>JAKE SLATER: They are renewed on an annual basis, yes.

11:38:52 >> Can we revoke that renewal, that rental certificate, and

11:38:56 not -- or not renew the rental certificate when it comes up?

11:39:00 >> I would probably have to defer to legal on that.

11:39:03 We have not done that.

11:39:05 >>LISA MONTELIONE: Well, maybe it's time we do.

11:39:07 >>JAKE SLATER: We can look at it, definitely.

11:39:10 >>LISA MONTELIONE: Because if they are a repeat violator,

11:39:14 they have tenants N there that they don't care as long as

11:39:16 they pay the rent, they don't care what they do with the

11:39:19 property, they don't care what they do in the neighborhood,

11:39:21 the way they make their living is off of this rental

11:39:25 property, and sometimes it's one, sometimes it's multiple

11:39:29 properties, we revoke their rental certificate, they have a

11:39:32 code ordinance violation, we can take them to civil court

11:39:35 and notice to appear.

11:39:36 >>JAKE SLATER: That is correct.

11:39:39 >>LISA MONTELIONE: I would like to make that motion that




11:39:40 legal department come back with recommendation on how to

11:39:43 pursue that avenue.

11:39:44 >>JULIA MANDELL: Legal department.

11:39:46 I am happy to go back and research that issue.

11:39:49 I am not as familiar with the rental certificate process.

11:39:52 I know under the circumstances been generally used to look

11:39:54 at property and determine whether or not it's habitable.

11:39:56 But that is not to say that it's not something we can't work

11:40:00 on.

11:40:00 >>LISA MONTELIONE: I think that property owners who are

11:40:02 making a living and creating a business out of owning real

11:40:06 estate, that they have a responsibility.

11:40:08 And just like we do in the alcoholic beverage venue, if you

11:40:12 are not a responsible business owner, and you are blatantly

11:40:18 violating our code of ordinances, then you no long very the

11:40:21 right to operate that type of business within our city

11:40:24 limits.

11:40:24 >>JULIA MANDELL: There's a little bit of a difference

11:40:28 there.

11:40:29 I don't want to have that discussion right now.

11:40:31 I think it's important for you to realize it's something we

11:40:35 can go ahead and look at.

11:40:36 >>LISA MONTELIONE: Thank you.

11:40:39 >>CHARLIE MIRANDA: I have a motion and second.

11:40:40 I would like to have the motions made under new business but




11:40:44 I will take that one.

11:40:45 It's on the floor now.

11:40:46 A motion by Mrs. Montelione.

11:40:48 Seconded by Mr. Suarez.

11:40:49 All in favor?

11:40:50 All in favor of the motion indicate by saying aye.

11:40:54 Opposed nay.

11:40:54 >>LISA MONTELIONE: Well, there were several motions that I

11:40:57 was going to make, to move some of the processes forward.

11:41:02 But I will write them all down in detail.

11:41:07 Otherwise, I lose my thought and track when I get there.

11:41:11 Okay.

11:41:11 So there is a program that the Tampa Police Department has

11:41:16 recently started.

11:41:17 And I believe it is directed at multifamily, apartment

11:41:24 complexes.

11:41:24 I'm not sure so much of the duplexes or the quads.

11:41:28 I know for the larger unit, apartment complex is called

11:41:32 crime free rental program.

11:41:33 And it's an element that I believe is being included in

11:41:37 neighborhood -- it may not be.

11:41:41 Because neighborhood universities is directed at

11:41:44 single-family, and developing leadership.

11:41:47 But the program that TPD has in place trains landlords and

11:41:55 trains property managers on how to keep tenants in their




11:42:01 properties that are law abiding and good tenants and how to

11:42:07 eradicate those that are dealing drugs, causing problems,

11:42:10 putting a strain on the police department for the multiple

11:42:15 calls.

11:42:16 I talked to district chief major O'Connor and captain

11:42:22 Burkeoff about extending that to a single-family.

11:42:26 So not only are the property managers oh who deal with very

11:42:30 large apartment complexes being trained but property

11:42:33 managers who manage properties for real estate investors

11:42:37 have five, ten, fifteen of these units, they are also being

11:42:41 trained in how to be responsible landlords.

11:42:44 Because some folks, you know, this is a hobby of theirs.

11:42:47 They started buying real estate, you know.

11:42:49 They found it profitable.

11:42:51 They find it profitable.

11:42:54 It's not someone who is managing a larger apartment complex

11:42:58 which also has a certification to be a certified property

11:43:04 manager.

11:43:05 So I think that's something else that we need to look at.

11:43:08 And you have operation WIN.

11:43:13 How often is operation WIN conducted?

11:43:15 >> Right now it twice a month.

11:43:16 The third Saturday and the second Wednesday.

11:43:19 >>LISA MONTELIONE: I know a couple that pulled mattresses

11:43:24 out of ditches.




11:43:25 But the operation WIN program seems very successful because

11:43:29 we have a partnership with the Hillsborough County sheriff's

11:43:30 office, and we utilize folks who have various debts to

11:43:35 society being repaid?

11:43:36 >> It's all worked out very well for us overall.

11:43:39 >>LISA MONTELIONE: And sharing the cost is something else

11:43:43 that I want to get out, too, is that others have pointed out

11:43:48 we have lots of properties in the City of Tampa that are

11:43:50 being rented out, they don't have rental certificates, that

11:43:54 people don't know are rental properties until something

11:43:57 happens, which brings it to our attention.

11:44:01 We talked a little about partnering with the Hillsborough

11:44:05 County property appraiser's office.

11:44:08 I think Bob Enriquez' office it would be help full to reach

11:44:14 out to him and develop a way that when homestead exemptions

11:44:17 are filed for, that property may have changed hands, that

11:44:26 whether or not another homestead exemption has been

11:44:28 requested on that property being reported to us, because if

11:44:32 another homestead exemption has not been requested, then

11:44:35 that's telling us that, hey, there's somebody not living in

11:44:38 that house that owns that house, so we can pay a visit to

11:44:43 find out, if this is a rental property.

11:44:46 Years ago, Ernie Mueller is not here but we had that

11:44:49 discussion yesterday, that I think when I first moved here

11:44:52 about 28 years ago, maybe somebody else remembers, you get a




11:44:55 card in the mail, you have to renew your property, your

11:44:58 homestead exemption, and if you didn't renew your homestead

11:45:02 exemption, you lost it.

11:45:05 I don't remember getting a card in the past 10, 11, 12 years

11:45:10 that I have been in my current house.

11:45:11 So maybe there's something we can revise with that program.

11:45:15 But working with the property appraiser's office to identify

11:45:20 those rental properties.

11:45:21 And lastly, we talk about how many officers you have.

11:45:27 How many are dedicated to just rental inspections?

11:45:30 >>JAKE SLATER: Currently we have a total of three.

11:45:33 >>LISA MONTELIONE: So from my calculations from what you

11:45:35 said about how many rental properties we have in the City of

11:45:37 Tampa, if those three people work seven days a week, 365

11:45:45 days a year, they would have to do 15 inspections every

11:45:50 single day to get through, that's 365 days, Christmas, new

11:45:56 year's, holiday, everything, 365 days a year, search days a

11:46:01 week, to get to every rental property that we have in the

11:46:04 city.

11:46:05 It's not gonna happen.

11:46:06 So we have to find another way to address the rental

11:46:14 inspection.

11:46:15 >> Correct.

11:46:16 I appreciate what you are saying.

11:46:17 It factual to what you just said but it's applicable not




11:46:20 factual.

11:46:21 Because you can't inspect 6,000 every year.

11:46:24 >>LISA MONTELIONE: Well, they should be.

11:46:27 >> They don't.

11:46:27 They charge for it but they don't inspect.

11:46:29 They only inspect a third of those.

11:46:31 2,000, not 6,000.

11:46:34 I want to clear that up so that he doesn't get confused.

11:46:37 >>LISA MONTELIONE: And that's why the three-year cycle.

11:46:43 But I was making that point because it should not be a three

11:46:47 oar year cycle.

11:46:48 It should be every single year.

11:46:49 >>JAKE SLATER: If I can say, going back to the last --

11:46:53 >>CHARLIE MIRANDA: I have 15 minutes before noon.

11:46:55 So we are going to finish this up and then after we finish

11:46:57 this we'll go on lunch and come back at 1:30.

11:47:00 >>LISA MONTELIONE: Well, those are my questions and I am

11:47:03 saving the others for the motions I was going to make later

11:47:06 as you requested.

11:47:07 >>CHARLIE MIRANDA: Please.

11:47:09 All right.

11:47:09 Finished, Mrs. Montelione?

11:47:12 >>JAKE SLATER: I was going to mention one thing.

11:47:14 We are going to be launching a brand new -- the mayor's

11:47:18 landlord tenant training program in conjunction with Tampa




11:47:21 PD in the fall.

11:47:23 And unfortunately, I think the timing is right on this.

11:47:28 We are going to be going over code enforcement issues,

11:47:32 tenant issues, with the landlords.

11:47:36 We are actually partnering up with Tampa greater real estate

11:47:42 association off north Kennedy Boulevard.

11:47:45 The launch date is going to be on the 24th of September.

11:47:49 It going to be a four-hour block and we hope to do it

11:47:53 probably about once a month if attendance is good.

11:47:56 But I think the time is right with the amount of rental on

11:47:59 properties, and all of the other problems associated with

11:48:01 that.

11:48:02 >>CHARLIE MIRANDA: Thank you.

11:48:02 Mr. Suarez?

11:48:04 >>MIKE SUAREZ: Thank you, chair.

11:48:05 Mr. Slater, thanks very much for being here and answering

11:48:09 all these questions.

11:48:09 This is something that because something happened two weeks

11:48:14 ago doesn't mean that we all here haven't been talking about

11:48:16 code enforcement issues.

11:48:18 I think that I can say without a doubt, each one of us have

11:48:22 dealt with at least, you know, hundreds of code issues over

11:48:27 the course of our terms here, just by virtue of all the

11:48:31 calls and people that we have dealt with.

11:48:33 And one of the things that we touched on, I think we all




11:48:36 touched on this or everyone else touched on this, which is

11:48:38 we don't do -- we don't find code violations or look at code

11:48:42 violations primarily because we are City Council people.

11:48:46 Because we are concerned citizens.

11:48:47 Obviously it begs the question as to we know people are out

11:48:50 there looking at it.

11:48:51 In Johnson is an extraordinary example of this.

11:48:54 But we all are part of it.

11:48:57 And this is part of what we discussed yesterday.

11:49:00 You know, the police have one job to do.

11:49:05 Code enforcement has a different job.

11:49:07 All the other divisions or departments have different jobs.

11:49:10 But I think that it's imperative that each and every one of

11:49:13 us as employees of the City of Tampa be advised that we need

11:49:16 to do this.

11:49:17 The only difference between every other city employee and

11:49:20 the police, and why I think we need to start talking about

11:49:23 training, police officers in relation to code enforcement

11:49:27 violations, not to be the hammer behind it but the eyes and

11:49:33 ears behind it, is that they have probable cause powers that

11:49:36 we do not have.

11:49:37 There are times -- and I think that factually the case that

11:49:41 has been mentioned in the newspaper by all the major

11:49:44 newspapers and some of the TV stations, that was a violation

11:49:47 that could not be seen from the street.




11:49:50 Most code enforcement officers cannot go into a facility, or

11:49:55 into an area without the permission of that homeowner or

11:49:58 that tenant.

11:49:59 So in that relation, I think that -- I keep calling you

11:50:05 Chief Hamlin.

11:50:07 I know you are not the chief anymore.

11:50:09 But we'll take your ranking anyway you want.

11:50:11 >> You can call me mark.

11:50:12 >> I'll call you Mark anytime.

11:50:15 So mark -- and this is not -- I don't want to burden our

11:50:18 police any more than they have already been burdened in

11:50:21 terms of providing the public safety that is their sworn

11:50:24 duty.

11:50:25 But we do, I think, need to talk about how we integrate

11:50:30 those observations that police officers make while on duty,

11:50:34 while making calls, to see how it can be filtered back into

11:50:41 code enforcement.

11:50:42 And I think this goes directly back to your mission, which

11:50:45 is I know that we are purveyors of, and we celebrate the

11:50:51 broken windows theory of policing.

11:50:53 Code enforcement is a direct relationship to that.

11:50:58 I don't expect police officers to do the physical aspects of

11:51:02 what a code enforcement officer does.

11:51:04 But I do think we need to better train our guys and our

11:51:08 ladies out there that are on the beat to find those




11:51:12 violators, at least contact code enforcement.

11:51:15 And again, this is not a reflection on police.

11:51:17 I think this is an opportunity for us to help train some of

11:51:22 your sworn officers on how we go about making this change.

11:51:25 And I think that the administration would probably be in

11:51:28 agreement with that, ensure that if not you, Mark, maybe

11:51:34 some other officers might have heard something offer a news

11:51:37 report a couple of weeks ago, about the situation, and

11:51:42 again, to me, I think it's something we really do need to

11:51:45 train.

11:51:46 I know that you are willing to help in any way possible to

11:51:48 bring that towards the administration and towards the chief

11:51:52 herself.

11:51:53 >> Just keep in mind though, we have the same restriction

11:51:58 about entering properties.

11:51:59 We have to follow the fourth amendment.

11:52:00 People have the right to privacy.

11:52:03 And say we get called to a house for a disturbance.

11:52:06 And it's outside.

11:52:08 We meet with the neighbor.

11:52:10 We don't go in the house.

11:52:11 We can't go in the house unless we are invited or we have

11:52:14 reason to -- either danger and we need to go in and save

11:52:18 somebody.

11:52:18 >>MIKE SUAREZ: Sure.




11:52:20 But again it is in those circumstances in which you are

11:52:23 brought into a different situation of what a code

11:52:25 enforcement would.

11:52:26 That's what I am talking about.

11:52:28 So it's not to kind of deputize you to do more work.

11:52:32 It is to allow training in order for those officers that are

11:52:35 in that situation to identify what might be an issue with

11:52:40 code enforcement.

11:52:42 And I think, you know, like the obscenity laws and what the

11:52:47 Supreme Court has said, I know it when I see it.

11:52:50 I think most officers will know what a code enforcement

11:52:53 violation is when they see it.

11:52:54 Especially as they are reported.

11:52:59 Getting back to some of the things that have been said

11:53:01 before, I think our training in terms of the police officers

11:53:04 will be helpful.

11:53:05 I think that some of the things that Councilman Cohen

11:53:09 mentioned concerning neighborhoods I think is extremely

11:53:12 important.

11:53:13 One of the problems that we have is that people do not act

11:53:17 as good neighbors anymore in terms of what is acceptable

11:53:21 behavior within their own neighborhood.

11:53:22 And, unfortunately, we are a graying -- I say this by

11:53:29 looking in the mirror every day -- a graying society in

11:53:31 which we have more older people that are still in




11:53:34 neighborhoods that have transitioned into a different look

11:53:36 and feel.

11:53:37 And because of that, it's harder for an elder -- elderly

11:53:41 person to say to their next door neighbor, you shouldn't do

11:53:44 this, because it brings down the value of all our homes,

11:53:48 makes the neighborhood bad, so on and so forth.

11:53:51 So I think that Mr. Cohen's suggestion in terms of the

11:53:55 neighborhood university may be bringing in code enforcement

11:53:57 to identify that, and strengthening what the neighborhood

11:54:01 associations are able to do and go through.

11:54:03 I think it's helpful.

11:54:05 And to what Mrs. Montelione has mentioned before about how

11:54:09 we look at those rental properties that are out there, how

11:54:12 we resetter if I them.

11:54:15 The inspection part is a manpower issue that will probably

11:54:18 never be solved, because we are not going to have the budget

11:54:22 to do that.

11:54:23 But I do think that there are other things that we can do to

11:54:26 help try and certify some of these places, and get them on

11:54:31 notice that we are watching them.

11:54:32 And lastly, thank you, chair, for indulging me a little bit

11:54:36 longer.

11:54:37 Even if all those things are taken care of, even if you had,

11:54:40 you know, 200 code enforcement officers -- and I know you

11:54:43 probably have dreams at night that this would happen --




11:54:46 there's no way that we are going to be able to get through

11:54:49 the court part of it without some changes through either our

11:54:53 own ordinances, or state law.

11:54:55 I think that's something that one of the reasons why Mrs.

11:54:58 Montelione's motion, which I seconded, is important, is that

11:55:04 we, as a council, have been frustrated by the lack of action

11:55:08 that we get from the legal part of this.

11:55:12 And it is not the fault of ourselves.

11:55:14 It is not the fault of legal.

11:55:16 And it is not a fault of code enforcement.

11:55:18 But it is something that we cannot get our hand around and

11:55:22 we have never been able to get our hand around.

11:55:24 So I applaud the efforts of everyone here in terms of what

11:55:27 we talked about, because we really need to focus in on how

11:55:31 do we solve and how do we put teeth into what we find as

11:55:39 scofflaws that are out there.

11:55:40 Scofflaws, con temp us the law breaker, which means that it

11:55:45 is someone that absolutely knows what's going on, absolutely

11:55:48 knows that they are breaking the law, and flouting their own

11:55:53 ability in the face of our legal abilities.

11:55:56 And that's why we need to look at how we solve that problem.

11:56:00 So thank you, chair.

11:56:02 And you as always have the last word.

11:56:04 >>CHARLIE MIRANDA: I am just going to say this before we go

11:56:06 to lunch.




11:56:07 First of all, what is code enforcement?

11:56:11 It was to fix not to punish.

11:56:15 That was the original thought.

11:56:16 It was changed.

11:56:17 However, it's like buying a new car.

11:56:19 You buy a new car.

11:56:20 You drive down your street.

11:56:22 You get four flat tires.

11:56:24 What do you do?

11:56:25 You go back to the dealer, you get four more tires.

11:56:28 But you never realized that the street has 10 million screws

11:56:32 and nails and you go back on the street on the same -- it

11:56:37 doesn't work.

11:56:41 The system doesn't work.

11:56:42 Yes, there should be more cooperation between -- instead of

11:56:46 having schools for the people who own the rental homes, used

11:56:53 to have a school for the employees.

11:56:57 There's how many cars do we have out on the street on a

11:56:59 daily basis?

11:57:00 1500?

11:57:01 2,000?

11:57:02 >> Probably City-wide, chairman, yes.

11:57:08 >>CHARLIE MIRANDA: I'll bet you these seven members turned

11:57:10 in 100 times more code problems than the rest of the city

11:57:13 employees do together.




11:57:15 And there lies the problem.

11:57:18 You have got the police department.

11:57:19 Some of the fire department.

11:57:21 Revenue and finance department out.

11:57:23 Water department.

11:57:24 Solid waste is out.

11:57:25 Sewer department.

11:57:26 Traffic department.

11:57:28 And what happens?

11:57:29 I'll tell you what happens.

11:57:30 Nothing.

11:57:33 I'm straight to the point.

11:57:35 The police department has to get more involved.

11:57:37 So does solid waste.

11:57:39 Those are the two that are mainly out there.

11:57:41 How?

11:57:41 In my opinion is that they start, when they start the hiring

11:57:45 process, that part of that training in the process is to

11:57:49 ride with you gentlemen and ladies in those cars, and learn

11:57:52 about the system.

11:57:54 Same type of training that they have on what the rules or

11:57:57 regulations are for the rest of this city, regarding law

11:58:00 enforcement, should be part of the code enforcement.

11:58:02 So that they understand and they can see what's happening.

11:58:07 The decay is something that brings down the neighborhood,




11:58:11 brings down property values, and at the end you have less

11:58:14 income to the city because of the devalued areas.

11:58:17 And that's got to change.

11:58:22 The rental certificate, the rental certificate doesn't work,

11:58:25 because you only do it once every three years.

11:58:29 If renters are the ones that are causing the problems, I

11:58:32 don't know what the rest of the single homeowners that have

11:58:35 the ad valorem homestead exemptions, what percent of them

11:58:40 are in violation.

11:58:41 I would imagine equal to or greater than the rentals,

11:58:45 because it's much more of them.

11:58:52 It's incumbent upon us -- and I will make a motion later on

11:58:57 in the meeting -- this has to change.

11:59:01 I had a meeting with yourself, Mr. Mueller, the acting city

11:59:03 attorney, I act with all the rest of the other colleagues on

11:59:06 the council.

11:59:07 And I am going to make a motion, not now, but I am going to

11:59:11 speak about another minute and then we are going to take a

11:59:13 break till 1:30.

11:59:17 It is incumbent to change the system.

11:59:20 I can throw money at this all I want.

11:59:22 And at the end I am going to have money that didn't operate

11:59:26 as well as it should have because the system is broke.

11:59:28 It is broken.

11:59:29 It can't continue, the spinning wheel thing, and nothing is




11:59:33 hanging on to bring in the changes that are needed.

11:59:38 If someone has a continued problem, these things should be

11:59:41 added on to their taxes at the end of the year.

11:59:45 And the legal department, I spoke to them twice on this.

11:59:49 If these things are added on-and now what?

11:59:52 Somewhere along the line, this government, and other

11:59:54 governments, are going to collect their due costs of doing

11:59:58 business.

11:59:58 And that's all we want.

12:00:00 I don't want a penny more than what I earn.

12:00:03 And if somebody is in violation, then they have got to pay

12:00:06 me to go and inspect.

12:00:07 They have to pay me to take them to court.

12:00:10 They've pay all those expenses.

12:00:11 So that these taxpayers are not burdened by somebody else's

12:00:16 actions.

12:00:17 I just want fairness.

12:00:20 I just want a fair level and it doesn't tilt one way or the

12:00:25 other.

12:00:26 It is uncouple pent upon us to change this system along with

12:00:29 the administration.

12:00:31 And I think they are starting to realize and working very

12:00:34 diligently to the same goals.

12:00:36 They have for some time.

12:00:37 But what I am saying is, if we could change it, not only




12:00:43 this municipality but others throughout the state, so that

12:00:46 it would be years so those individuals, guess what, they

12:00:48 don't become violators, because they have got to pay.

12:00:51 Even when they sell, they have got to pay.

12:00:55 So those taxes have to be paid at the time of closing.

12:00:58 And I have discussed this with Ms. Mandell at length.

12:01:01 So I will make those motions later.

12:01:03 It's 12:00.

12:01:04 With council's permission --

12:01:06 >>FRANK REDDICK: Mr. Chairman.

12:01:07 I just want to make a motion to adjourn for lunch.

12:01:11 >>CHARLIE MIRANDA: Well, I just said I was going to make a

12:01:14 motion.

12:01:15 No, I am not going make a motion.

12:01:16 Well, you know, you can overrule me.

12:01:19 But I think this discussion at the end and new business, we

12:01:26 bring it out because there's going to be more than one

12:01:28 motion here.

12:01:29 If we take the motion now, we will be here till 2:00.

12:01:33 That's my opinion, Mr. Reddick.

12:01:35 I am not trying to hold you from your motion.

12:01:37 When we get back I will give you the floor and you can make

12:01:39 the motion.

12:01:39 >>FRANK REDDICK: Okay.

12:01:41 >>CHARLIE MIRANDA: We are going to stand in recess till




12:01:43 1:30.

12:01:45 We'll make the motion when we come back.

12:01:49 >>YVONNE CAPIN: It's not a motion.

12:01:51 Then we are done with 51?

12:01:54 >>CHARLIE MIRANDA: No, we are not.

12:01:55 When we come with 51, make the motion on it.

12:01:59 >>YVONNE CAPIN: What we are going to do is come back.

12:02:00 Okay.

12:02:01 I can't come back.

12:02:02 >>CHARLIE MIRANDA: Are you going to discuss 51 now?

12:02:03 I don't want to cut you off if you are going to bring

12:02:06 something --

12:02:07 >>YVONNE CAPIN: No.

12:02:08 I am not going to be able to be back at 1:30.

12:02:10 And --

12:02:15 >>CHARLIE MIRANDA: Write whatever you want and we'll bring

12:02:16 it up.

12:02:17 Stand adjourned until 1:30.

12:02:19 Thank you very much.

12:02:22 >>>

12:02:23 (Recess taken.)

12:02:23

12:02:23 >>CHARLIE MIRANDA: City Council is called back to session.

01:45:38 Roll call.

01:45:38 >>MIKE SUAREZ: Here.




01:45:51 >>HARRY COHEN: Here.

01:45:53 >>LISA MONTELIONE: Here.

01:45:54 >>CHARLIE MIRANDA: Here.

01:45:57 All right.

01:45:59 I had asked the council member who said she couldn't be here

01:46:04 to return back at 1:30 for any questions to write them down.

01:46:08 She did.

01:46:08 And on 51, I guess this 51 question is for item 51, stated

01:46:14 that they do report to code enforcement parks and

01:46:17 recreation.

01:46:18 What I would like to know is are the reports by TPD and

01:46:21 other departments part of procedure?

01:46:23 And is it documented?

01:46:25 In other words, is it formal proceeding or informal

01:46:29 proceeding?

01:46:29 That the question by council member Capin.

01:46:32 >> On behalf of the police department, it's informal.

01:46:35 Could be a phone call.

01:46:36 Could be an e-mail.

01:46:37 It may be documented in the police report if it's relative

01:46:40 to the criminal investigation.

01:46:41 It may not.

01:46:42 But there is no protocol to document it per se.

01:46:45 I do know, and I asked Mr. Slater, the code enforcement

01:46:52 complaints they get to TPD.




01:46:54 >> And she has questions on 52.

01:46:56 I'll bring them up when we get to 52.

01:46:59 Any other comments or suggestions in the form of motions?

01:47:02 >>LISA MONTELIONE: Thank you, Mr. Chair.

01:47:10 I got the brochure from TPD, from district 2.

01:47:14 I have it in my car.

01:47:17 Keeping illegal activity out of our rental communities.

01:47:20 And this is a program, if you are not familiar with it, it's

01:47:27 something maybe that you can discuss with the police

01:47:31 department, and maybe bringing it, like I had mentioned, to

01:47:36 not just the multifamily rent unit rentals about you though

01:47:45 with single-family rentals.

01:47:48 >>JAKE SLATER: Neighborhood enhancement.

01:47:50 Yes, I saw that.

01:47:53 Yes.

01:47:53 >>LISA MONTELIONE: And then I guess the motions we'll save

01:47:57 for later.

01:47:58 >>CHARLIE MIRANDA: Yes, ma'am.

01:47:59 Okay.

01:47:59 We finished with 51 temporarily.

01:48:01 52.

01:48:03 >>REBECCA KERT: Legal department.

01:48:10 I'm here on item 52, which is to appear and discuss the

01:48:13 possibility of commercial businesses that sell to -- sell

01:48:22 alcoholic beverages.




01:48:23 This came up as part of our alcoholic beverage workshop and

01:48:26 per the discussion -- part of the discussion we were having

01:48:28 is that we have a category alcoholic beverage permit,

01:48:33 special restaurants, and those restaurants require 51% sales

01:48:38 of food versus 49% of alcohol.

01:48:41 Currently, the way that we track that is we require an

01:48:44 affidavit to be filed I believe twice a year.

01:48:47 And there was some discussion about is there a better way to

01:48:51 document what the sales are actually are that are occurring?

01:48:55 And Mr. Suarez had made a motion to look at the discussion

01:48:59 of looking at insurance audits that are done by insurance

01:49:03 companies for these businesses that are seeking insurance.

01:49:06 And we did look at that.

01:49:09 What does all this do, I am told, in viewing some of them,

01:49:13 is identify classifications based upon the percentage of

01:49:17 sales of alcohol versus other things.

01:49:19 So apparently some are already viewing audits, and is there

01:49:23 a way to utilize that information?

01:49:27 I didn't find any other place in the state that did that but

01:49:30 I also did not find a prohibition on it.

01:49:32 And in speaking with the land development staff, they felt

01:49:35 that this would be a very helpful tool for the city to be

01:49:40 able to get additional information on exactly what the sales

01:49:43 are.

01:49:50 When we do the amendment to chapter 27, if this is something




01:49:53 that City Council is interested in going forward with, we do

01:49:55 believe that while novel, we do believe it's legally

01:49:58 defensible, and if it is the will of council then we would

01:50:03 need a motion to add it to the next cycle of chapter 27

01:50:06 which comes back, I believe, in January.

01:50:08 >>MIKE SUAREZ: Ms. Kert, thanks again for doing all the

01:50:12 in-depth research on it.

01:50:14 And of course some of the issues that I brought up before

01:50:16 was because everything becomes a public record, to make sure

01:50:19 that those things such as their sales in relation to what

01:50:25 their business is, as we discussed, we make it as a

01:50:29 percentage.

01:50:29 Nothing in terms of what the total number is.

01:50:33 I think that this is going to help us at least identify

01:50:36 those folks that are out there that say they are restaurants

01:50:40 but actually are operating bars.

01:50:42 I think the neighbors have been very vocal about this in the

01:50:46 past.

01:50:46 I think it's another tool that we can use to try to solve

01:50:49 the problem.

01:50:50 Are there any other issues related to this that you foresee

01:50:54 might be a problem?

01:50:55 Obviously, as you said, it's a novel approach.

01:50:57 There's not a lot of case law or any case law on this.

01:51:00 Is there anything else, from your first looking at it, you




01:51:04 might have an issue or problem later on?

01:51:08 >> People can bring up a number of problems especially when

01:51:12 regulating alcoholic beverage, but in weighing what we are

01:51:19 asking versus the fact there's nothing that specifically

01:51:20 says that we can't do it, I think it's an argument worth

01:51:24 making based upon the fact that staff said it would also be

01:51:27 a very effective tool.

01:51:30 The second part of the motion is redacting some of the

01:51:34 information because there's obviously some detailed business

01:51:35 financial information that's contained in these audits.

01:51:38 And in looking at the audits, I think that we could allow

01:51:43 people to redact most of the information.

01:51:47 Basically what we need is the classification which contains

01:51:48 the percentage, the address of the establishment, the

01:51:50 effective date and the insurance issuer.

01:51:53 So if there are any problems we can follow up.

01:51:55 But the detailed information is not what we would be looking

01:51:57 for.

01:51:58 >>MIKE SUAREZ: Thank you.

01:51:59 I appreciate it.

01:52:01 >>CHARLIE MIRANDA: I do have five questions by Mrs. Capin.

01:52:04 She's not here.

01:52:04 She was kind enough to leave this item on 52.

01:52:07 And the first went to the audit of each application.

01:52:11 >>REBECCA KERT: I am not the insurance expert.




01:52:15 But perhaps Mr. Suarez could provide that information

01:52:19 better.

01:52:19 It's my understanding that they do these audits and that's

01:52:22 what we would be relying on.

01:52:27 >>MIKE SUAREZ: Typically whatever happens whenever

01:52:29 restaurants get insurance is that they are classified as a

01:52:33 restaurant determined based on all the activities that

01:52:37 happen in that restaurant, and they do have to do this

01:52:41 yearly, primarily because insurance companies want the money

01:52:45 that they are owed for the insurance they provided over the

01:52:47 course of the year.

01:52:50 >>CHARLIE MIRANDA: Thank you very much.

01:52:51 Second, "How many have they audited in the City of Tampa?"

01:52:54 >>REBECCA KERT: How many have the insurance companies

01:52:58 audited in the City of Tampa?

01:53:01 I have literally no idea.

01:53:04 And how many has the City of Tampa personally audited?

01:53:07 I am not aware of that they have audited any.

01:53:11 >>CHARLIE MIRANDA: If so, is it done rampantly?

01:53:15 >>REBECCA KERT: Again, if you are asking whether or not the

01:53:17 city -- I don't believe that we have done any.

01:53:19 And as far as the insurance companies, on the information I

01:53:24 am receiving, they do it annually.

01:53:26 >>CHARLIE MIRANDA: Then "the experience I have seen with

01:53:28 insurance companies, if the applicant is not truthful on




01:53:32 their information, then when a claim is filed the insurance

01:53:35 enacts coverage.

01:53:36 What is the advantage to audit versus relying on the

01:53:39 information provided at application time?"

01:53:42 >>MIKE SUAREZ: If I may, I think the question is -- and

01:53:48 maybe I am wrong about this -- but what's the difference

01:53:50 between having an audit available to us, the information

01:53:54 audit, or affidavit.

01:53:55 This is something that Rebecca Kert and I have discussed,

01:53:58 which is obviously an affidavit, a sense of truthfulness to

01:54:03 it where you have to say that you are telling the truth.

01:54:06 The thing about an audit with an insurance company you owe

01:54:09 the money and it goes onto a credit report if you do not pay

01:54:12 it.

01:54:12 Sos this an actual mechanism to make people comply to the

01:54:16 audit and give you the information necessary, and in many

01:54:19 cases, if not most cases, you have an actual employee of the

01:54:23 insurance company that goes into the business, and gets the

01:54:28 information, specifically for their purposes.

01:54:32 >>CHARLIE MIRANDA: And the last bullet point was "have any

01:54:34 of the audit applications resulted in any revocations?"

01:54:38 >>REBECCA KERT: Again from the city, I don't believe that

01:54:41 we have done any audits, at least in recent memory.

01:54:45 And the only thing I would add to that is this is something

01:54:48 that is somewhat novel, and we do believe that it's worth




01:54:53 exploring.

01:54:54 As we go through the process, chapter 27, there's a number

01:54:57 of workshops and public hearings.

01:55:00 At the end of the day if it doesn't seem like it's a useful

01:55:03 tool, then we don't have to end up adopting it, or we can go

01:55:06 ahead and adopt it and through process realize it's not

01:55:09 working the way we think, then again we can repeal fountain

01:55:13 we think it wasn't worth pursuing.

01:55:15 >>CHARLIE MIRANDA: Thank you.

01:55:16 Any other questions by council members?

01:55:18 >>LISA MONTELIONE: I want to compliment Dr. Suarez for

01:55:21 bringing this up because it's a brilliant idea.

01:55:25 >> Anytime my ideas are called brilliant -- [ Laughter ]

01:55:33 >>CHARLIE MIRANDA: It doesn't happen very often.

01:55:35 >> The comment was "the idea was brilliant."

01:55:40 I'm only joking.

01:55:42 [ Laughter ] any other comments?

01:55:46 >>MIKE SUAREZ: I'll make the motion to move forward with

01:55:49 the language to go forward for the next text amendment

01:55:51 cycle.

01:55:52 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

01:55:56 Mrs. Montelione on 52.

01:55:58 >>MARTIN SHELBY: Just for the purposes of the record, what

01:56:00 is it specifically that you are requesting?

01:56:03 >>MIKE SUAREZ: I think it's part of the original motion.




01:56:06 So that insurance audit to be required for applicants that

01:56:09 have an "R" designation for, I guess, land use be provided

01:56:14 to the city in the form in which the staff will work on the

01:56:20 information that's going to come out.

01:56:23 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

01:56:24 Second by Mrs. Montelione.

01:56:25 All in favor of the motion?

01:56:28 Opposed?

01:56:28 Motion passes unanimously.

01:56:30 Okay.

01:56:31 We go to item 53.

01:56:34 53.

01:56:36 Mr. Snelling.

01:56:43 And who is the young person you have with you, Mr. Snelling?

01:56:49 >>THOM SNELLING: You remember my intern.

01:56:51 >>CHARLIE MIRANDA: I know.

01:56:52 >> Estaban graduates August 10th.

01:56:56 And he hopefully will stay with me for a little longer.

01:57:00 We have a couple of projects that he's working on to get

01:57:02 wrapped up.

01:57:03 So we'll talk about some of those today.

01:57:06 >>CHARLIE MIRANDA: Good.

01:57:11 >>THOM SNELLING: Can I go ahead and have the PowerPoint for

01:57:14 53, please?

01:57:21 The sustainable business program, one of the things that




01:57:25 generated this particular motion way back when was to

01:57:31 encourage the city to continue to work with other

01:57:35 sustainable agencies and sustainable groups that were out

01:57:38 there in the public, and to expand our partnership with the

01:57:43 agencies and groups.

01:57:44 And the sustainable business program, we have been working

01:57:48 with the folks that you see identified there, but primarily

01:57:52 with the Substany Group, Eco2, and the Tampa Downtown

01:58:01 Partnership to go through the sustainable business program

01:58:01 and in its simplest terms, it's basically a program designed

01:58:04 to assist a business, and in this case the business I'm

01:58:07 working on putting through that program, my building, 1400

01:58:11 North Boulevard, and operating that as the hundred employees

01:58:16 I have there and all the physical constraints I have and

01:58:18 everything else to make that building a green and

01:58:21 sustainable operating business there.

01:58:23 So that's the program.

01:58:25 That's the pilot program we are working on.

01:58:28 And it is to reduce energy consumption and operational,

01:58:32 improve operational efficiencies as well.

01:58:35 And that includes water and energy, et cetera, as well as

01:58:39 transportation advantages, et cetera.

01:58:42 So the idea in this program would be to have 1400 North

01:58:45 Boulevard, which is where the green officer is housed, and

01:58:49 to have that building become a green designated business,




01:58:52 and then to hopefully in a systematic method move through

01:58:56 the other buildings in the City of Tampa, this building

01:58:58 here, the office building up on Himes, some of the community

01:59:02 centers, and keep moving through until we have the majority

01:59:04 of our places of office business operating as sustainable

01:59:09 offices and businesses, because they are using green

01:59:11 practices.

01:59:18 Another program that we are partnering with, another

01:59:22 sustainable group, agency, is the learning gate community

01:59:27 school.

01:59:28 We are also at the Parks Department, is that we wanted to do

01:59:32 their Ecofest 2014 towards earth day week next year.

01:59:38 They have their events.

01:59:39 They used to have it on their campus.

01:59:41 They have outgrown it because it draws upwards of 4,000

01:59:44 people.

01:59:45 It goes out for a couple of days.

01:59:46 And so now they are interested in doing it at Lowry Park.

01:59:50 The good part about that is we would partner with them.

01:59:53 All of the vendors, and upon things the be city has done

01:59:57 would go out there, and is celebratory tone for sure.

02:00:02 Lowry Park would be very centrally located.

02:00:05 And the event last year was 4,000, we hope to attract

02:00:12 upwards of 5,000 people to come and see all of the things

02:00:16 going on, not only at the school but at the City of Tampa.




02:00:18 We also have the University of South Florida sitting at the

02:00:23 table.

02:00:23 So we really hope for this to be a very cooperative Ecofest

02:00:29 in 2014

02:00:31 The other side very quickly, although we are not

02:00:33 specifically partnering in any particular program with TECO,

02:00:36 some of you are already aware that they are putting in a

02:00:40 pilot program for LED lighting for streetlights along Platt

02:00:45 Street, from that little star there all the way to the

02:00:47 river.

02:00:48 Hopefully to encourage them to expand that program as they

02:00:52 judge where their energy efficiencies have taken place in

02:00:55 that program.

02:00:59 Awhile back you recall we received the bike share program.

02:01:04 A couple of things why this is important and why I put it up

02:01:07 there.

02:01:07 One, it promotes a legitimate multi-modal and a different

02:01:12 mode of transportation.

02:01:13 One of the things I noticed as I am coming to work every

02:01:15 morning and coming down Tampa street, I know this seems

02:01:19 funny, but I see a lot of people out there walking their

02:01:21 dogs.

02:01:22 And why that's significant is you are having residents who

02:01:24 are now living here, and some of the folks up here before, I

02:01:30 would like to ride my bike to the Independent, "would like




02:01:34 to ride my bike here, gives them the opportunity to ride

02:01:37 their bike from Ybor or Hyde Park or Davis Island, to ride

02:01:41 to these different places and take advantage of that mode of

02:01:43 transportation, keeping cars off the road, reducing

02:01:48 emission, less gridlock.

02:01:49 A lot of very positive things.

02:01:51 When I talked to Eric troll, a project manager for this, he

02:01:57 says this program itself is creating in itself somewhere in

02:02:00 the neighborhood of 30 to 35 jobs.

02:02:02 In essence, you asked the question, is that a green job

02:02:05 because it's promoting a green industry?

02:02:07 I submit to you that it is.

02:02:08 You know, he's not reinventing the wheel and using billions

02:02:15 of dollars and megawatts of electricity.

02:02:18 So in essence it is a green job to the tune of about 30 to

02:02:21 35 according to what he was telling us.

02:02:23 And this is just in Ybor.

02:02:25 If I do go back, very quickly, one of the other things in

02:02:30 the original motion from the original idea, the original

02:02:34 motion, was talk about where the economic impact and benefit

02:02:38 came from.

02:02:39 One of the folks that they worked with on this was Lee

02:02:44 Hoffman, who as you know is the Riverwalk coordinator, and

02:02:48 they work on sites where they were going to put the bikes

02:02:53 but said you need to move them to the side because that's




02:02:55 where they are talking about putting vendors who have

02:02:58 additional economic opportunity to further engage the

02:02:59 activity on the river, and the possibility of more

02:03:04 businesses going on the river and using that and really

02:03:07 engaging the public to take advantage of it.

02:03:10 So it does have a bit of an economic impact, to be found out

02:03:15 for sure as the very kind of programs that will take place

02:03:17 on the Riverwalk and move forward.

02:03:19 It's really the same thing in Ybor City.

02:03:22 Working with Dennis Fernandez to try to not have these

02:03:25 things right on 7th Avenue, but in places that make more

02:03:28 sense, and not detract.

02:03:30 If you recall awhile back I did mention that 7th Avenue

02:03:33 was voted one of the top ten most attractive and best

02:03:36 streets in the United States of America by the American

02:03:39 planning association.

02:03:41 It was just last year.

02:03:43 So we need to do everything we can to preserve that because

02:03:52 And this was Estevan's idea.

02:03:58 He began to post -- not that I even know what Facebook is --

02:04:01 but he is putting on the city's web page, Facebook page, is

02:04:05 posting various green and sustainable kinds of links and

02:04:08 things that are happening.

02:04:11 To this point, we had 56 lights and 36 shares and she says

02:04:19 the shares are more important because what that means is




02:04:21 they are telling other people this is a good thing and they

02:04:24 should pay attention to it.

02:04:25 So this is part and parcel to some of the education that we

02:04:28 are trying to do.

02:04:29 It works with social media, works with a lot of other things

02:04:34 that people are starting to do especially some of the

02:04:37 younger ones.

02:04:38 So we are trying to reach that audience as well.

02:04:41 Another thing, the water department again continues to work

02:04:44 on its conservation efforts through the mayor's conservation

02:04:49 challenge.

02:04:49 And before somebody says, I know it says 2014 up there, that

02:04:54 was a typo.

02:04:54 It really was supposed to be 2013, because we have already

02:04:57 participated.

02:04:58 But we will also participate again next April as well.

02:05:01 So we are just a little ahead of the game on that one.

02:05:05 And 2013 in the population category of 300,000 to 600,000

02:05:11 people, which is where the City of Tampa is, we rank

02:05:15 7th, which is pretty good if you think of the number of

02:05:19 50 cities or more that are in that category, so we are doing

02:05:22 pretty well there.

02:05:22 The water department does a nice job.

02:05:25 And this, I know this looks a little Hokie, but one of the

02:05:29 things if you go back to what we were doing with getting my




02:05:32 building over 1400 designated as a green business, this is a

02:05:35 very water efficient, low-flow toilet installed with the

02:05:42 pilot program with the building there.

02:05:43 You are certainly welcome to try it out.

02:05:46 There it is in the lady's room.

02:05:47 So three of you will be able to take advantage of it.

02:05:50 But you are certainly welcome.

02:05:55 You are certainly welcome to leave your comments on that.

02:05:58 But this is the kind of thing --

02:06:01 >> (off microphone).

02:06:04 >> I'm trying to keep graffiti abatement down.

02:06:07 But that's what's going on there.

02:06:09 And the other part also with thing, we did receive our

02:06:17 energy audit.

02:06:18 Estevan worked on to get the building to go through an

02:06:22 energy audit.

02:06:23 The reason we don't have a slide for that right now is

02:06:25 because I got it this morning at 10:00.

02:06:28 It's too late but I did want to point out this is one of the

02:06:31 other things we are taking steps to work to that end in the

02:06:34 building.

02:06:36 And then last but not least, certainly, another project that

02:06:40 Estevan is working very hard on is the certified green local

02:06:47 government designation.

02:06:48 We have to get recertified every five years.




02:06:51 We are in that process now.

02:06:52 It takes somewhere between four to six months.

02:06:54 He's been collecting the data so hopefully when I come back

02:06:57 to you in February, which is the next time I report, I will

02:07:01 be able to show you all of the things that we have done.

02:07:06 And this presentation was really a lot more compact.

02:07:10 I didn't do it.

02:07:11 I usually do it on my annual report, drill down to all the

02:07:16 teeny tiny things we have been doing.

02:07:18 These are some of the highlights that I think kind of kept

02:07:21 the spirit of the original motion about what we are trying

02:07:23 to expand and reach out with other partnerships.

02:07:26 Janet Harrison of the subsidy foundation, she was not able

02:07:29 to be here today, otherwise she would talk about that

02:07:32 partnership of working.

02:07:34 I'll answer any questions that anybody has at this time.

02:07:36 >>LISA MONTELIONE: Thank you, Thom, for that presentation.

02:07:44 And a couple of things that I want to share is that when I

02:07:50 initially brought this as a workshop and made this motion

02:07:53 about sustainable initiatives, and progress that the city is

02:07:58 making, the intention was for there to be a concerted

02:08:07 effort, and you are the green officer, but you also are

02:08:11 affordable housing manager, you are also -- you wear a lot

02:08:15 of hats.

02:08:16 Let me say it that way.




02:08:17 I am not going to go through them.

02:08:20 And all these things are good things.

02:08:23 But it's such a large issue.

02:08:28 And some of the things that I talked about and brought up

02:08:31 were changes to our building code for some of these energy

02:08:40 efficient initiatives, or water conservation initiatives,

02:08:43 looking at how we retrieve rain water, or allow the use of

02:08:49 rain water, looking at maybe incentives for developers to

02:08:55 treat stormwater on-site through some of the innovative and

02:08:58 new technologies that are out rather than discharging water

02:09:01 into our stormwater system, and then leaving it to the City

02:09:04 of Tampa to treat that water at a water treatment plant.

02:09:10 If we can keep water on-site and reuse a lot of the water in

02:09:16 some of the towers and buildings that we are constructing,

02:09:19 it puts less of a strain on us as a city to provide that to

02:09:27 water customers.

02:09:28 So some of the things that I had intended were very, very

02:09:32 big things.

02:09:34 And not that I'm saying what you presented here today are

02:09:38 not, but these are things that are kind of the happy, you

02:09:45 know, light, social kind of responsibility.

02:09:52 I'm talking about change.

02:09:53 And especially whenever I talk building codes, the entire

02:09:57 development committee, kind of shudders.

02:10:04 But some of these things were brought up as a discussion




02:10:06 way, way back when, with he we talked about the green

02:10:10 ordinance.

02:10:10 I was a City Council member -- wasn't a City Council member

02:10:13 then but I participated, and John Dingfelder and Mary

02:10:17 Mulhern who were the champions then of the green ordinance.

02:10:20 And the green ordinance really doesn't have any teeth.

02:10:23 It just makes suggestions.

02:10:25 And what I am trying to get at is policy, and as a city

02:10:36 looking at the policies that will make us, you know, push us

02:10:39 in the forefront of energy efficiency and sustainability and

02:10:44 water conservation.

02:10:47 And you can look around the country, and there are

02:10:49 tremendous models in other cities.

02:10:51 So it's not like in some cases, we wouldn't be reinventing

02:10:54 the wheel.

02:10:55 But taking advantage of the folks, CO2 comes to mind.

02:11:02 They participated in this first conference that had offered

02:11:04 to work for free to try and develop some of those

02:11:07 strategies.

02:11:09 So those are the kinds of things that I would like to see

02:11:12 moving forward.

02:11:14 And the only thing, something confuses me about the pilot

02:11:19 that you are running at construction services building, 1400

02:11:24 North Boulevard.

02:11:26 Certifying that as a green business?




02:11:30 Or green building?

02:11:32 >>THOM SNELLING: Green business.

02:11:34 In that it's business operating practices, their energy

02:11:41 couples, water consumption, their recycling policy, using

02:11:47 recycled paper, using ecofriendly cleaning product, all of

02:11:54 those things that they have.

02:11:55 >>LISA MONTELIONE: I would think that in the city as a

02:11:58 policy, don't you already do those things?

02:12:01 >>THOM SNELLING: We do a lot of them.

02:12:06 We have been through the initial run-through on that.

02:12:07 But what we have done is we have gone through.

02:12:09 We filled out their inventory.

02:12:11 And from that inventory --

02:12:16 >>LISA MONTELIONE: We don't want to ask on the businesses

02:12:18 if they are operating in the City of Tampa to do something

02:12:21 we aren't already doing?

02:12:22 Is that the case?

02:12:24 >>THOM SNELLING: Some of that.

02:12:25 I think it allows us to show that we are doing these type of

02:12:30 things, we are providing transportational alternatives, we

02:12:33 are providing bike racks.

02:12:37 A small little garden that we have.

02:12:41 Landscaping, where you can come, and you are getting your

02:12:44 permits to see this city is operating this way and it's

02:12:47 sustainable.




02:12:47 >>LISA MONTELIONE: I get it.

02:12:49 A demonstration how-to.

02:12:53 There's one in Sarasota.

02:12:54 They always had a big demonstration house where you could go

02:12:57 and see the products, you know, the cork floors and the rain

02:13:06 water and you can tour the house and get ideas.

02:13:10 >> Yes.

02:13:11 And the carpeting, stuff like that.

02:13:14 Some of that is not going to be immediate.

02:13:15 Obviously when you walk in.

02:13:17 But the idea is to put little plaques for better word that

02:13:22 says --

02:13:23 >>LISA MONTELIONE: Right.

02:13:25 That they actually do work and this is how they work.

02:13:28 I get it.

02:13:29 I guess finally, the move to Lowry Park for Ecofest, over

02:13:36 the years, the Sierra Club has their earth day celebration

02:13:40 at Lowry Park and then they moved it over to USF.

02:13:45 Are these competing events?

02:13:46 >> Well, we are trying to organize it so they are not

02:13:49 competing events.

02:13:50 But they can actually become complementary events.

02:13:55 >> It would be nice if they just became one event.

02:13:57 >> And we have explored that a little bit and we are still

02:14:00 hoping for that.




02:14:01 It would be great if you had the Sierra Club.

02:14:03 Everybody from USF, City of Tampa, U.T.

02:14:07 >> Right.

02:14:08 Just have one huge forum.

02:14:09 >> And certainly that's what we are working for.

02:14:12 But sometimes folks like to have their own.

02:14:15 And at a minimum, worst case scenario is we would not

02:14:20 compete with them.

02:14:20 This event does not have to take place on the day before or

02:14:24 after.

02:14:24 It can take place a month before, a week after, a month

02:14:28 after.

02:14:29 It's not going to be so wed to that specific day to compete

02:14:32 with anybody.

02:14:33 >> And there's one thing that you might want to also do,

02:14:37 reach out to Hillsborough Community College.

02:14:43 I spoke at their last sustainability conference.

02:14:46 And they have regular meetings.

02:14:50 They are bringing together experts in the field, meeting on

02:14:53 a regular basis.

02:14:55 And Estevan, if you haven't gone, I suggest you go because

02:15:00 they are really working on something big over there.

02:15:04 Thank you.

02:15:05 >>CHARLIE MIRANDA: Any other council members at this time on

02:15:07 53?




02:15:08 53?

02:15:09 Thank you for your report.

02:15:10 Most welcome.

02:15:11 And I'm glad the city is moving forward in a sustainable

02:15:14 manner.

02:15:16 >>THOM SNELLING: I believe we are.

02:15:17 Thank you, sir.

02:15:18 >>CHARLIE MIRANDA: 54.

02:15:20 >>HARRY COHEN: Move to continue till August 22nd at 10 a.m.

02:15:24 >>CHARLIE MIRANDA: Motion by Mr. Cohen to August 22nd, the

02:15:27 year 2013, at a.m., seconded by Mr. Reddick.

02:15:32 All in favor?

02:15:32 Opposed?

02:15:33 Motion passes unanimously.

02:15:36 55.

02:15:41 >>THOM SNELLING: Planning and development services.

02:15:43 May I have the PowerPoint, please?

02:15:49 There is a motion.

02:15:50 You all know what this one is.

02:15:51 This is the East Tampa CRA TIF use of their dollars to go

02:15:58 forward and use those dollars as part of an owner occupied

02:16:02 rehab program.

02:16:07 I partnered in this particular program.

02:16:12 It's coach that we worked with for a long time as well as

02:16:16 Centre for Women.




02:16:19 The total amount of dollars available is roughly 478,000, so

02:16:24 each group was contracted to do $239,000 more or less worth

02:16:29 of work.

02:16:32 This is the East Tampa community redevelopment area.

02:16:35 You can see it's roughly from the interstate out to 50th

02:16:38 at 56th street.

02:16:42 The property line is a fairly large area when you look at it

02:16:47 as far as the CRA goes.

02:16:48 But it does allow for some concentration of improvements, if

02:16:55 you focus all of in an area of this size.

02:17:01 Here is the criteria we used.

02:17:03 This was to make sure the kind of criteria that they had to

02:17:07 obviously live in the area for seniors and at a minimum we

02:17:10 are 80% of the average median income.

02:17:14 And then this was a bit of a switch for council, had a long

02:17:19 conversation about this, was to go ahead and have the houses

02:17:22 that had the basic code violation, especially leaky roof,

02:17:27 faulty wiring, homes with deficiency, life safety, and

02:17:30 quality of life deficiencies the ones you took care of

02:17:34 first, trying to take care of those in the worst shape first

02:17:38 and not necessarily on the waiting list.

02:17:40 That is a big change for how the program has worked in the

02:17:43 past.

02:17:44 And as you see, when I show you some of the next slides, I

02:17:47 think it was a very good idea for council to take that




02:17:50 approach in the first place.

02:17:53 One of the things that we have done differently to further

02:17:56 the transparent nature of how we have done this project is

02:17:59 we hired a third party verifier, DLJ enterprises.

02:18:06 Basically a not-for-profit group who will identify an

02:18:09 applicant, go through, look at whether they are in that

02:18:13 area, whether they are seniors, qualify them from income

02:18:19 eligibility, to give those names to the city, what the city

02:18:22 does is then validate, check the location, obviously, also

02:18:26 validate the income, but we give that name to the third

02:18:29 party verifier who then goes to the site visit, comes back

02:18:33 with a report on whether or not it is meeting the criteria I

02:18:37 just showed you.

02:18:44 I wish that could be bigger.

02:18:45 This is the report that is highlighted here, because the

02:18:49 leaky roof and potentiality of mold and highlighted areas.

02:18:53 It also talks about some unsafe wiring, and we get this very

02:18:59 fairly detailed report.

02:19:00 And at the bottom, he certifies that he leaves believes this

02:19:07 meets the criteria in the RFP and the code.

02:19:10 This is just one small example.

02:19:12 I just put one letter.

02:19:13 I didn't want to put all of them.

02:19:15 But I have any number of letters and photographs, if you

02:19:18 want to tap a look at them, that we had about 15 houses that




02:19:23 we have already gone out, and are currently in the pipeline

02:19:26 going through the process.

02:19:28 Which is about 40% of what we hope to do.

02:19:30 So we are on schedule.

02:19:32 We are in good shape.

02:19:35 And these are just some examples of what we are finding out

02:19:38 there.

02:19:38 This represents three or four different houses.

02:19:42 I could show you dozens if not hundreds of photographs like

02:19:44 this.

02:19:47 You can see the roof here.

02:19:50 I took some of these photographs myself.

02:19:53 The roofs are curling and coming up, in bad need of repair.

02:19:59 There's a bad leak on the inside of this particular house.

02:20:01 This is the bathroom.

02:20:02 The water has gotten behind there.

02:20:04 It has mold.

02:20:05 And it could be a danger or a health issue.

02:20:10 Very common thing that happens inside.

02:20:12 Obviously those spores on the one is black mold and that's

02:20:16 dangerous, and that's a problem.

02:20:17 You can see the leaking on the various locations.

02:20:19 This is the same house.

02:20:20 Different parts of the same house.

02:20:24 This pretty much speaks for itself.




02:20:26 And it's unfortunately way too common.

02:20:30 You have the roof.

02:20:31 Once your roof is compromised, it gets in, it does the

02:20:33 damage that you see here on this side of the roof, where

02:20:36 stuff is starting to fall off and you are starting to get

02:20:39 structural failure.

02:20:42 Again more pictures

02:20:43 The water on the top, you have the mold and the drainage

02:20:46 from the roof.

02:20:47 But the fan on the bottom, you don't really see it so much.

02:20:50 I was trying to get the best angle.

02:20:52 It's kind of just hanging there.

02:20:54 And it suffered structural damage and structural failure due

02:20:58 to the leaking roof.

02:20:59 And also there's wiring problems up there, as well as the

02:21:01 roof coming down.

02:21:02 You can see they have tried to do the best they can by

02:21:05 putting a piece of plastic to try to keep the water off

02:21:10 their heads.

02:21:12 So what's next?

02:21:17 >>CHARLIE MIRANDA: Councilman Reddick.

02:21:18 >>FRANK REDDICK: Do you know the value of the house?

02:21:27 >> No, sir.

02:21:29 >>FRANK REDDICK: How much work has been allocated to that

02:21:31 project?




02:21:33 >> Right now most of the projects coming in are ranging

02:21:35 between 14 and $16,000.

02:21:39 Actually, some of them are coming in less than the 1 to

02:21:42 $20,000 cap that we had talked about.

02:21:44 >> Right.

02:21:44 Because I was looking at that.

02:21:46 And you were showing the roof, $14,000.

02:21:54 That is almost to the point where this should be condemned

02:22:02 with as much damage done.

02:22:03 That's why I asked the appraised value.

02:22:05 But let me ask you another question, and that is, between

02:22:08 the verify and the site visit, how much time does it take?

02:22:17 How much time between the verify, looking into the

02:22:20 background and going out and doing the site visits?

02:22:23 >>THOM SNELLING: How much time?

02:22:24 By the time we get the address 123 Main Street, whatever it

02:22:30 happens to be, we give it that same date to the verifier.

02:22:33 He is typically out there in a two to three-day period and

02:22:37 reports back to us in less than a week.

02:22:39 He's been very responsive.

02:22:40 And so hopefully by the time the person turns their name in

02:22:44 the first time to the time we get somebody going out and

02:22:47 starting to do the work, if I can anticipate the question,

02:22:51 it's seven to ten days.

02:22:53 >>FRANK REDDICK: The last question, you showed a lot of




02:22:58 damage and water damage to the particular home.

02:23:02 It the same home, right?

02:23:04 >>THOM SNELLING: No, these are three different homes.

02:23:06 I'm sorry.

02:23:07 These are three completely different houses.

02:23:11 These are very typical findings out there.

02:23:14 >>FRANK REDDICK: I thought they were the same.

02:23:19 >>THOM SNELLING: No.

02:23:19 I'm sorry.

02:23:20 I should have been clearer.

02:23:24 Okay, I think I have one more.

02:23:27 Yeah.

02:23:27 It's three different homes.

02:23:30 Mr. McDonough said that to me.

02:23:33 He said, Thom, it looks like three houses.

02:23:38 >>CHARLIE MIRANDA: You are consistent.

02:23:39 You are confusing everybody.

02:23:40 >> The assessed value on the house was $32,441.

02:23:52 >>THOM SNELLING: Did you Google that?

02:23:54 I should have had that ready to go.

02:23:55 Continuing the process, been there trying to squeeze out as

02:24:00 much as we can in terms.

02:24:01 Number of houses we help.

02:24:03 Be glad to come back again in September.

02:24:05 I had some before pictures for you.




02:24:07 I unfortunately don't have any after pictures.

02:24:10 I will have some after pictures the next time I come back

02:24:12 sometime in September.

02:24:13 And then I think what I would like to do is report back the

02:24:19 East Tampa redevelopment partnership, that it was their kind

02:24:25 of pushing that got us here, and would like to know how the

02:24:28 project is going so we'll probably go back and report to

02:24:31 them and let them know what we are up to.

02:24:34 >>CHARLIE MIRANDA: Any other questions by council members?

02:24:36 >>LISA MONTELIONE: Thank you, Mr. Snelling.

02:24:38 And I just think that the timing -- we didn't intend this

02:24:42 when we scheduled this for your presentation, but I think

02:24:46 the timing is just terrific.

02:24:50 These are some of the houses that we were talking about this

02:24:53 morning, when we talk about code enforcement.

02:24:56 So these are some of the individuals, you know, making a

02:25:04 living off of having rental properties.

02:25:05 These are individuals who just cannot keep up, whether it's

02:25:09 the financial reasons or health reasons, the age, you know,

02:25:12 of the home and age of the occupant, that they just can't

02:25:17 keep up with the maintenance on the home.

02:25:19 And I know Ms. Durante talks about some of the folks get

02:25:26 caught up in code violations not because they are ill

02:25:28 intentioned and not because they want to be violators, but

02:25:33 when we first started code enforcement, it was to help folks




02:25:36 like this try and address the issues of maintenance on their

02:25:41 properties.

02:25:42 And it's a vital part of what we do.

02:25:45 So thank you.

02:25:46 Thank you for that.

02:25:47 And I know how much you and your staff care about the

02:25:50 individuals that occupy these homes.

02:25:52 I do have a question about the third party verifier?

02:26:03 >> Probably because it was less than $10,000.

02:26:06 It's $150 a home.

02:26:10 We asked three individuals out there.

02:26:12 We got one bid upwards of 275, one was 150, and the

02:26:17 gentleman that we had worked with in the past who came in

02:26:20 with the lowest price at 150, a decent experience with him

02:26:24 in the past.

02:26:24 It was pretty much a no brainer to go with him.

02:26:27 >> And the credentials, licensed contractor --

02:26:33 >> Yes.

02:26:36 >>CHARLIE MIRANDA: Thank you very much.

02:26:37 Any others on 55?

02:26:39 Thank you very much, sir.

02:26:40 I appreciate it very much.

02:26:43 We go to item 56.

02:26:46 Resolution here for expenditures over a million dollars.

02:26:51 1.84.




02:26:52 >> Good afternoon, council.

02:26:53 Tonja Brickhouse, director of solid waste and environmental

02:26:57 program management.

02:26:58 I am here to ask your support and approval of the purchase

02:27:03 of carts to continue with our curbside collection program,

02:27:09 as well as our recycling program.

02:27:13 >> I have a motion by Mr. Reddick.

02:27:15 Seconded by Mr. Cohen.

02:27:16 Let me say one thing.

02:27:19 And people may think I'm half nuts.

02:27:23 Maybe you're right.

02:27:23 But on these big carts that you have, you know, the

02:27:26 rollaway, the thing on the side where the carts, he is guess

02:27:32 what comes down, also needs two areas going down.

02:27:39 What I have noticed -- and I have had people who want to

02:27:42 file claims -- that when they are picked up and dumped --

02:27:44 and they are doing a great job, don't get me wrong -- they

02:27:47 put them down, and either the wind, or the big flap on the

02:27:51 top part hangs down, falls.

02:27:56 I'm just thinking scientifically, have you suggested to the

02:28:00 manufacturer the inside they put another little cavern so

02:28:04 they can put two pounds of water, two pounds of sand in the

02:28:07 back end so it doesn't fall, doesn't tip?

02:28:10 >> I will take that and carry it back.

02:28:15 I will take that.




02:28:18 >>CHARLIE MIRANDA: Okay.

02:28:18 I have a motion by Mr. Reddick.

02:28:19 Seconded by Mr. Cohen on 56.

02:28:22 All in favor of the motion to pass this resolution, please

02:28:25 signify by saying aye.

02:28:26 Opposed nay.

02:28:26 The ayes have it unanimously.

02:28:28 Thank you so much for your appearance.

02:28:29 I appreciate it very much.

02:28:35 We go to item number 57.

02:28:36 >>TONJA BRICKHOUSE: Tonja Brickhouse.

02:28:46 I am also buff to request your approval of the processing of

02:28:50 the recyclable materials.

02:28:55 The bid is in front of you.

02:28:57 We have gone through the competitive bid process, and waste

02:29:02 management, recycle America, has come out the most

02:29:07 responsive.

02:29:10 Lowest responsive bidder.

02:29:13 >>CHARLIE MIRANDA: Mrs. Montelione?

02:29:14 >>LISA MONTELIONE: Thank you, Mr. Chair.

02:29:15 This item is on this agenda today, because I had pulled it.

02:29:18 And then after conversation with Mr. HERR from public works,

02:29:23 he agreed to take it off the agenda two weeks ago so that we

02:29:26 could just look a little bit deeper into why this particular

02:29:31 vendor was chosen for this contract.




02:29:33 And although we have had a couple of conversations about

02:29:38 this, I still have misgivings about awarding the contract.

02:29:43 I have agreed to ask for approval of this contract.

02:29:49 But also the parameters that we set this for annual review

02:29:56 so that we can come back and revisit this.

02:29:59 Because the terms of the contract I have a little bit of an

02:30:01 issue with, and still have a little bit of an issue with.

02:30:04 But I see why the department decided that this is the deal

02:30:10 we should go with.

02:30:11 But I would like to have this -- I'll make the motion to

02:30:14 approve with the -- my mind has gone blank -- I want to move

02:30:24 the resolution but I want it to be set for annual review.

02:30:30 The caveat.

02:30:32 That's the word I was looking for.

02:30:34 Two separate ones?

02:30:35 Okay.

02:30:35 >> move approval of the resolution.

02:30:42 I'll second that.

02:30:43 >>CHARLIE MIRANDA: Seconded by Mr. Suarez.

02:30:45 We vote on that first.

02:30:46 All in favor of the motion?

02:30:47 Opposed nay?

02:30:48 The ayes have it unanimously.

02:30:50 Second one.

02:30:50 >>LISA MONTELIONE: The second is that the director of our




02:30:54 solid waste and environmental services come back in one year

02:30:58 to review the contract and the terms of that contract.

02:31:05 >>MIKE SUAREZ: I second that, too.

02:31:09 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

02:31:11 Mr. Suarez on the second part.

02:31:12 All in favor?

02:31:13 Opposed?

02:31:13 The ayes have it unanimously.

02:31:17 Before I go any further, I don't want to forget, I have 28,

02:31:20 29, 30, and 31 that were not addressed in Mr. Cohen's

02:31:24 finance department.

02:31:25 Mr. Reddick?

02:31:26 >>FRANK REDDICK: Mr. Chair, I had the pleasure of meeting

02:31:32 and I am satisfied with the response and I request that we

02:31:34 move those items.

02:31:36 >>HARRY COHEN: Second.

02:31:38 >>CHARLIE MIRANDA: Motion by Mr. Reddick on 28, 29: 30, 31,

02:31:41 seconded by Mr. Cohen.

02:31:42 All in favor of that motion?

02:31:44 Opposed?

02:31:44 The ayes have it unanimously.

02:31:45 Thank you all very much for attending.

02:31:47 And before I go any further, the council member who left

02:31:51 this letter for me to sign is not here, and it's a

02:31:55 discussion on culture asset committee.




02:31:58 I guess that's what it is on 58.

02:32:03 Counselor, do you have the letter that I have?

02:32:06 >>MARTIN SHELBY: I believe it was placed in every council

02:32:08 member's mailbox.

02:32:10 >>CHARLIE MIRANDA: My problem is I don't quite understand --

02:32:12 I understand the first part, direct investment and so forth.

02:32:17 But then there's talk here about -- maybe I am reading it

02:32:21 wrong.

02:32:21 >>LISA MONTELIONE: May I?

02:32:23 Would it be appropriate to continue this item?

02:32:26 >>CHARLIE MIRANDA: I would certainly hope so.

02:32:26 >> Can you give a date?

02:32:35 8th?

02:32:37 >>CHARLIE MIRANDA: I have a motion to continue to August

02:32:38 8th.

02:32:40 >>LISA MONTELIONE: At the CRA meeting,.

02:32:42 The evening session is a land use session.

02:32:44 >>MARTIN SHELBY: I was going to bring that --

02:32:48 >>CHARLIE MIRANDA: We can do it before the land use up on

02:32:49 top.

02:32:50 >>MARTIN SHELBY: 5:30 then?

02:32:54 >>CHARLIE MIRANDA: I don't know, the meeting of the 8th,

02:32:57 next week.

02:32:58 Make it 5:30.

02:32:59 I have a motion made by Mrs. Montelione, seconded by Mr.




02:33:02 Reddick.

02:33:03 All in favor of that motion to continue 58 to August 8th

02:33:07 at 5:30, 2013, please signify by saying aye.

02:33:11 Opposed nay.

02:33:12 The ayes have it unanimously.

02:33:13 All right.

02:33:14 We go to our public hearing, review hearings.

02:33:18 These are quasi-judicial proceedings.

02:33:20 And I know there's three, and I know two of them can't be

02:33:23 heard.

02:33:23 I need a motion to open 59 through 61.

02:33:27 Motion by Mr. Suarez.

02:33:28 Seconded by Mr. Reddick on 59 through 61.

02:33:31 All in favor of the motion please signify by saying aye.

02:33:34 Opposed nay.

02:33:35 The ayes have it unanimously.

02:33:36 For the public, number 60, that cannot be heard.

02:33:41 There's no affidavit filed.

02:33:42 So before I do that, this is rescheduled for September

02:33:48 26th at 10:30 in the morning the year 2013.

02:33:52 I need a motion to that.

02:33:53 >> I'll move that.

02:33:55 >>CHARLIE MIRANDA: Motion by Mr. Suarez.

02:33:56 Seconded by Mrs. Montelione on 60.

02:33:58 All in favor?




02:33:59 Opposed?

02:34:00 The ayes have it unanimously.

02:34:01 On 61 cannot be heard.

02:34:03 Notice not perfected by petitioner.

02:34:05 And there's a request for this also to be heard on September

02:34:08 12 F, 2013 at 10:30 in the morning.

02:34:12 Need a motion.

02:34:13 I have a motion by Mr. Cohen.

02:34:14 Seconded by Mr. Suarez on 61.

02:34:16 All in favor of that motion?

02:34:18 Opposed?

02:34:19 The ayes have it unanimously.

02:34:20 We go back now to 59.

02:34:22 That hearing is open.

02:34:23 Anyone that's going to be sworn in to speak on 59.

02:34:27 Fur going to speak on 59, please rise and be sworn in.

02:34:31 (Oath administered by Clerk)

02:34:45 >>CHARLIE MIRANDA: Let me say before I start this.

02:34:47 This is a review hearing.

02:34:48 We have five members of council.

02:34:50 You are entitled to have seven.

02:34:53 Or more than five.

02:34:54 It's up to the petitioner if they want to continue with five

02:34:57 members.

02:34:58 I want to be fair to both sides.




02:35:26 All right.

02:35:26 Continue.

02:35:28 >>ERIC COTTON: Land Development Coordination.

02:35:29 I have been sworn.

02:35:31 A view of the property.

02:35:32 This is petition for review for Variance Review Board case

02:35:35 VRB 13-28 for property at 3681 Westshore Boulevard,

02:35:42 represented by Steven Michelini.

02:35:44 The board heard this case on May 14th, 2013.

02:35:50 The applicant was asking for two specific requests.

02:36:03 They were asking for a front yard setback, this setback of

02:36:08 the building, and they were asking to reduce the front yard

02:36:12 setback from ten feet down to 3.5 feet for the existing

02:36:16 overhang.

02:36:18 The overhang was cited for work without permit, and to

02:36:23 remedy the violation, the board approved a setback for the

02:36:32 existing structure but denied the overhang, the hardship

02:36:43 evidence.

02:36:44 This is from across Westshore.

02:36:47 Looking back at the property.

02:36:51 And to the canopy.

02:36:53 And then this is from Euclid looking back at the property.

02:37:01 And this is from the adjacent property looking back towards

02:37:04 the property.

02:37:04 If you have any questions, or VRB actions that occurred, I




02:37:08 will be happy to answer.

02:37:09 >>CHARLIE MIRANDA: Questions by the by council members?

02:37:11 Thank you very much.

02:37:12 Petitioner?

02:37:12 >>STEVE MICHELINI: Here on behalf of the petitioner Jopico.

02:37:32 Let me show you what he just went over with you.

02:37:36 This patio, the awning, canopy was constructed in about

02:37:44 2005.

02:37:45 And we have done without permits.

02:37:51 It basically covers this patio right here where this wall

02:38:00 is, is the property line.

02:38:03 There's another approximately 22 feet between the property

02:38:08 line and the edge of the curb.

02:38:11 And when transportation reviewed this with the variance,

02:38:14 they had no objection to it, and it did not impede or

02:38:18 obstruct any issues regarding try angles or visibilities

02:38:24 around the corner.

02:38:25 To the best of the owner's knowledge, the structure was

02:38:30 built to construction standards.

02:38:33 However, in the event that this is approved by the City

02:38:36 Council, it will still have to obtain construction permits

02:38:40 and inspections to ensure that it's built according to the

02:38:45 code.

02:38:46 The entire area for this site is wet zoned already.

02:38:52 And the canopy has no relevance whatsoever to whether or not




02:38:57 the alcohol can be served or sold on this portion of the

02:38:59 property.

02:39:05 The side yard setback was approved.

02:39:09 And in order to create the indoor/outdoor space that we

02:39:14 talked about for the patio, in order to make that usable,

02:39:18 for majority of the year, you have to have a covering.

02:39:23 That covering has about 35 feet underneath it, and it is a

02:39:30 significant portion of the economic viability of the

02:39:33 restaurant.

02:39:36 This was not built by the current tenant.

02:39:38 This was built two or three tenants back.

02:39:42 And they had no information and no knowledge of it when they

02:39:46 took over the property and moved in and began operating the

02:39:49 business.

02:39:50 They have been there for about 15 months.

02:39:59 This does not interfere with anyone else in terms of

02:40:03 impacting anyone adversely, adjacent property owner.

02:40:06 It's oriented toward Westshore Boulevard.

02:40:09 It's a not very high traffic volume corner.

02:40:13 And the ability of this restaurant to maintain its integrity

02:40:18 in terms of weather is extremely important.

02:40:24 There are cooling fans, misters, and rain guards that

02:40:28 protect the patio.

02:40:30 They have an approval for 4(COP-R) which is restaurant

02:40:34 designation, 51/49.




02:40:36 And they are operating well within the limits.

02:40:39 They have no citations.

02:40:41 They have been investigated a number of times by complaints

02:40:46 to enforcement, to solid waste, wastewater and TPD for

02:40:52 noise, et cetera.

02:40:53 None of those violations have come back as being verifiable.

02:41:02 The setback that's being requested to existing canopy.

02:41:08 It does not increase seating.

02:41:10 The seating is already there.

02:41:11 They have sufficient parking.

02:41:14 It did not increase the size of the business.

02:41:16 And all of their parking has been verified in accordance

02:41:19 with the site plan.

02:41:26 It was built in 1972 and the patio, I'm not sure if it was

02:41:30 part of it at that time, but the alcoholic beverage petition

02:41:33 included the 680 square foot patio.

02:41:38 So it really has no -- there is nothing else that I can tell

02:41:43 you about it except that the petitioners rely on that for

02:41:48 their business.

02:41:49 They have done their best to comply with all of the codes.

02:41:53 And as it relates to the building itself, it only provides a

02:41:59 covering to make it an all-weather eating and dining

02:42:02 establishment.

02:42:03 It's not air conditioned.

02:42:05 And quite honestly I'm not sure exactly why the VRB had




02:42:12 issues with the front yard setback, but they did approve the

02:42:17 side yard setback.

02:42:19 As I said, we have to go through the permitting process.

02:42:22 It has to be inspected.

02:42:24 Plans have to be reviewed in the event that council approves

02:42:27 this.

02:42:30 Certainly, the hardship for the owner involved their ability

02:42:34 to maintain a viable business, their ability to maintain

02:42:38 indoor outdoor space which is encouraged throughout the

02:42:41 comprehensive plan, and to all the city plans regarding

02:42:45 street signages, sidewalk, and outdoor cafes.

02:42:50 That is peppered throughout your code as being

02:42:53 encouragement.

02:42:54 And it's not on the backside of the property where it would

02:42:56 be a greater -- have a greater tendency to disturb the

02:42:59 neighbors.

02:43:00 It's on the front side where all the traffic is.

02:43:03 And it's Buford by the entire building, as well as an alley

02:43:07 in the back, and fences and walls across the far western

02:43:10 side of the property.

02:43:19 I will be happy to answer any questions you have regarding

02:43:20 this petition.

02:43:21 However, the owner is relying upon and requesting the City

02:43:24 Council to provide the relief in accordance with the City of

02:43:27 Tampa code, and their right to petition you for relief from




02:43:32 the Variance Review Board.

02:43:35 Again, it's 680 square feet.

02:43:38 And it is critical for the use and the viability of this

02:43:42 restaurant to maintain its economic survival.

02:43:49 >>CHARLIE MIRANDA: Any questions by council members?

02:43:51 Anyone in the public to speak?

02:43:53 Mr. Suarez?

02:43:54 >>MIKE SUAREZ: Maybe someone from the legal department can

02:43:57 make sure we understand.

02:43:59 The only issue that we are reviewing as part of the VRB is

02:44:03 the denial of the front yard setback from 10 feet to 2 feet.

02:44:07 Is that correct?

02:44:08 >>REBECCA KERT: Yes, that's correct.

02:44:10 >>MIKE SUAREZ: That is the only issue before us and the

02:44:12 only tissue issue that we are supposed to decide on.

02:44:15 Is that correct?

02:44:16 >>REBECCA KERT: That's correct.

02:44:17 >>CHARLIE MIRANDA: Thank you very much.

02:44:18 Any other council members?

02:44:19 Anyone in the audience that cares to speak on item 59.

02:44:23 >> Kent Jay, a resident of the neighborhood there at 4020

02:44:26 Obispo, and on Euclid Avenue right down the street from the

02:44:30 restaurant.

02:44:31 I'm here to support approval of the variance.

02:44:36 These owners and operators have been excellent neighbors,




02:44:38 and have done an incredible job of cleaning up the

02:44:41 restaurant inside and out, putting quality -- providing

02:44:48 really a great, great asset to the neighborhood, which is

02:44:51 South Westshore, which is becoming a little economic zone of

02:44:56 itself with restaurants and fresh markets and a variety of

02:44:59 different shops.

02:44:59 So just here in support.

02:45:02 Owners and operators have been great neighbors.

02:45:05 Thank you.

02:45:08 >>CHARLIE MIRANDA: Thank you very much.

02:45:08 Next, please.

02:45:09 >> Joe Figuretto, the owner of a residential property that

02:45:31 sits right behind this bar.

02:45:32 It's know it a restaurant.

02:45:33 It's a bar.

02:45:34 And it's a sports bar that's been there the last five years.

02:45:39 It's in the title of the signage.

02:45:41 I would like to read a statement for the record.

02:45:42 City Council members, this is an of a-the-fact variance

02:45:45 request to bring it into compliance a structure built

02:45:48 without a clearly defined application.

02:45:50 Review and approval process as required by the City of

02:45:53 Tampa.

02:45:55 There is no public record of application, city code

02:45:59 compliance, plan review, site inspection prior to, during




02:46:02 and after construction, nor any other required permits

02:46:07 specific to the structure in question.

02:46:09 The structure was reported to code enforcement soon after

02:46:13 construction in late 2009 and here we are three and a half

02:46:15 years later finally reviewing this violation.

02:46:19 Tampa Variance Review Board criteria 2 is straightforward,

02:46:22 and specifically states a self-created hardship or practical

02:46:27 difficulty shall not justify a variance.

02:46:29 The hardship or practical difficulty for this structure and

02:46:33 alleged by LLC is a result of the self-created action.

02:46:37 Recently the garden of Eden, a small fruit stand one north

02:46:41 of the Jopico, had to remove over an outdoor eating area

02:46:48 next to its building.

02:46:53 The same adherence to the law should apply equally T in this

02:46:55 case.

02:46:56 It is not in harmony with other surrounding commercial

02:46:59 businesses.

02:46:59 In fact, neighboring businesses are set back to provide a

02:47:03 clear, pleasing uniform appearance along Westshore

02:47:06 Boulevard.

02:47:07 No other business extends so drastically into the setback.

02:47:10 And finally, the unpermitted structure in the patio area it

02:47:14 covers poses a life threatening public safety risk for motor

02:47:18 vehicles, drivers and passengers, because it significantly

02:47:21 obstructs the line of site of vehicles at the intersection




02:47:24 of Westshore Boulevard and Euclid Avenue, specifically the

02:47:27 western approach from the Bel-Mar shores neighborhood.

02:47:35 There is no substantial justice in granting an of a-the-fact

02:47:39 variance for this self-created hardship or practical

02:47:42 difficulty constructed without adherence to city codes,

02:47:45 ordinances or laws, in which eluded the permitting process

02:47:50 entirely.

02:47:50 Granting this variance would in essence be sanctioning

02:47:53 illegal behavior which runs counter to the regulatory codes

02:47:57 and ordinances which this council and past councils have

02:48:00 passed legislative authority.

02:48:02 There's been a lot of talk here today about code

02:48:04 enforcement.

02:48:04 I think this is a perfect example for the City Council to

02:48:07 take a look at this and vote the way they have been speaking

02:48:10 today.

02:48:10 Thank you.

02:48:11 >>CHARLIE MIRANDA: Thank you very much.

02:48:11 Next, please.

02:48:12 >> My name is Karen Golden.

02:48:32 I reside at 3616 south Omar Avenue and I own the property at

02:48:38 4808 West Euclid, across the street from Jo and kitty corner

02:48:47 from the bar.

02:48:48 Myself along with the other residents of Bel-Mar shores

02:48:56 object vehemently.




02:48:58 The illegal structure in question is not in harmony with the

02:49:02 surrounding district, not in harmony with the residential

02:49:06 neighborhood and pose as danger to motor vehicles,

02:49:08 pedestrians in this vicinity.

02:49:10 The lack of regard to any required city practices have been

02:49:16 discussed.

02:49:16 The city does not have in place the necessary public

02:49:19 utilities to address in change of occupancy, volume and

02:49:22 change and usage of such volume and that there are no

02:49:25 obstructive sidewalks along the abutting streets of west

02:49:28 Euclid and Omar.

02:49:30 There are no speed bumps.

02:49:32 There are no obstructive curbs to keep parking off our lawn

02:49:37 which has been a problem.

02:49:42 There are no alleyways which provides the only setback to

02:49:46 this outdoor dive bar is not sufficient for parking or

02:49:49 pedestrian traffic.

02:49:53 The emergency response is illegal to obstruct.

02:49:56 My son and I have personally observed patients falling face

02:49:59 first in the street around this business.

02:50:03 Am I liable since the city has a sidewalk?

02:50:05 Is the city liable using my tax dollars if a patron falls on

02:50:09 my lawn since the city has no curbing?

02:50:12 The bar has made parking arrangements with a bank across the

02:50:15 street.




02:50:18 The crosswalk light is timed at nine seconds.

02:50:22 My elderly father was struck as a pedestrian at that

02:50:26 intersection March 31st, 2010, in broad daylight trying

02:50:30 to get to the bus stop.

02:50:34 The obstruction is life threatening danger.

02:50:38 The illegal structural increased seating capacity of this

02:50:43 outdoor dive bar and endangers all resident and pedestrians

02:50:48 in the vicinity.

02:50:50 Belmont shores at Euclid and Tampa Bay, there is no random

02:50:57 drive-through traffic.

02:50:58 My elderly father is unsafe walking his dog.

02:51:04 My son learned to ride a bicycle without sidewalks.

02:51:08 Approving an illegal structure which inherently changes the

02:51:12 nature and volume of traffic around it endangers the

02:51:14 residents.

02:51:18 A comment was made about the City Council should be business

02:51:23 friendly.

02:51:24 Some businesses should not be encouraged.

02:51:27 CDB eliminated the businesses ill repute the spa and has

02:51:32 enhanced our neighborhood.

02:51:34 We ask that you uphold the ordinances that your respectful

02:51:40 taxpayers are expected to.

02:51:43 Our mayor has declared a crackdown and I hope that's what we

02:51:47 see today.

02:51:48 >>CHARLIE MIRANDA: Thanks very much.




02:51:50 Mrs. Montelione?

02:51:52 >>LISA MONTELIONE: I'm sorry, but either Mr. Shelby or Mrs.

02:51:57 Kert.

02:52:00 There are certain tests of evidence that we can use in

02:52:02 deciding whether or not we are going to up June hold the

02:52:06 Variance Review Board's decision and whether we are not

02:52:09 going to uphold that decision.

02:52:11 So can you review those before the next person speaks?

02:52:14 Because some of the things are heartfelt, I understand.

02:52:18 But whether or not patrons are drunk and leaving the

02:52:22 establishment drunk and falling over, I don't think it's

02:52:25 part of what we can consider.

02:52:26 >>REBECCA KERT: I think there may be a lot of issues, or

02:52:31 there may not be a lot of issues dealing with this

02:52:34 establishment but what is before you is a very narrow

02:52:36 question on the variance, and the variance as people have

02:52:39 mentioned have to do with whether or not there's a practical

02:52:42 difficulty or unnecessary hardship, and whether or not the

02:52:46 request insures the public health, safety, general welfare

02:52:49 are protected, and those are the two prongs, and you have a

02:52:52 list of five things that you are to look at to determine

02:52:56 whether or not those two prongs are met.

02:52:58 But I want to be clear that the unnecessary hardship or

02:53:01 practical difficulty goes with the land.

02:53:03 It doesn't go to whether the individual or the business is a




02:53:05 good business or a bad business, and whether it will be a

02:53:09 hardship for them personally or if they cause an issue

02:53:17 unless it's an issue relate to the land.

02:53:19 There has to be something unique and singular about this

02:53:22 individual property that narrows the variance.

02:53:27 And the unnecessary hardship is a very high standard.

02:53:30 It basically means if you don't grant the variance there is

02:53:32 no use of the property.

02:53:34 That very seldom comes into play even though that's the

02:53:37 language that people like to use.

02:53:38 The one that usually comes into play is practical

02:53:41 difficulty.

02:53:42 That is not the same standard and it's also not just a

02:53:45 hardship.

02:53:45 It's unique standard.

02:53:47 And that means because of some unique characteristic, that

02:53:53 this property is unable to enjoy some reasonable

02:53:58 characteristic, that but for this unique property, everyone

02:54:01 else would have.

02:54:02 For example, not all properties in the city where you could

02:54:06 expect to have a pool.

02:54:07 But there may be.

02:54:08 It may be that everything is 100-foot frontage and everyone

02:54:13 should expect to have a pool.

02:54:14 Unfortunately, your pool will be somewhere near the setback.




02:54:19 That's something unusual to your particular piece of

02:54:22 property, and it's also preventing you from having something

02:54:26 that but for your unique characteristic you should be able

02:54:30 to expect to have.

02:54:31 And so there is maybe a lot of other points that people want

02:54:34 to discuss.

02:54:34 But the only thing that is relevant to your considerations

02:54:37 are the land use considerations related to whether or not

02:54:40 there's a unique hardship or practical difficulty and

02:54:43 whether or not the granting of the variance ensures the

02:54:48 public health, safety and general welfare and the criteria

02:54:52 that you are all familiar with is what you use to get to

02:54:54 that.

02:54:54 >> Thank you, Ms. Kert.

02:55:01 >> Good afternoon.

02:55:02 I'm Dave Amos, 5003 West Spring Lake Drive.

02:55:10 I like to say that's in Belmont Shores.

02:55:14 The previous person lives on Obisbo, a mile and a half away,

02:55:16 not in Belmont shores.

02:55:18 I delivered a letter to each of your offices on Monday.

02:55:23 And I appreciate the question of what are the criteria.

02:55:26 The letter was written addressing each of the five criteria.

02:55:33 From my perspective, I believe this requested variance meets

02:55:41 none of the criteria.

02:55:42 I would like to focus on two.




02:55:45 One is there is a question of public safety.

02:55:50 As I lived there, I come out and drive out in the morning on

02:55:53 Euclid.

02:55:55 I turn onto Westshore.

02:55:57 My visibility in that area is reduced.

02:56:02 The other thing you need to remember, Westshore is a street

02:56:06 that was built many years ago.

02:56:08 It's two lanes.

02:56:11 I think I heard like 200 percent of the traffic that it's

02:56:16 designed for.

02:56:17 So now we have a situation to increase the density, to

02:56:21 increase the traffic on a street that's already

02:56:25 overburdened.

02:56:28 The other issue that I would like to bring up -- and you can

02:56:31 see this in photos 2 and 3 that were in the letter that I

02:56:35 delivered to you all -- is the structure is not in harmony

02:56:41 with others on Westshore.

02:56:42 If you look at it, the other businesses are viable.

02:56:46 They are set back.

02:56:47 This business is built all the way up to the sidewalk.

02:56:53 Now, I'm not a property lawyer, but if we allow this

02:56:59 business to build right up to the sidewalk, will we not have

02:57:05 subsequent requests to build up to that sidewalk?

02:57:08 What would be the grounds for denying that variance?

02:57:13 Okay.




02:57:14 So I'm concerned that we have a street with a lot of

02:57:19 traffic, that we have a situation that's closer to the

02:57:23 street, and we don't have plans right now to increase.

02:57:30 I don't think it's safe.

02:57:31 I don't think it's in harmony with the local neighbors, the

02:57:34 local businesses, and I request that you deny this and

02:57:40 request the structure be removed.

02:57:42 One other point.

02:57:44 It's mentioned that it was built in 2005.

02:57:47 I don't believe that it was.

02:57:50 Thank you for your time.

02:57:52 >>CHARLIE MIRANDA: Thank you very much.

02:57:52 Next, please.

02:57:53 >> My name is Gary Sharp.

02:58:00 I don't live nearby, but I am a patron of the business, with

02:58:04 my family.

02:58:05 I have a three-year-old and a five-year-old.

02:58:07 And we go to Reilly's Westshore Taphouse.

02:58:11 We sit outside under that awning.

02:58:15 Two little kids.

02:58:15 It could be very loud.

02:58:17 We don't like to sit inside to bother everybody.

02:58:20 We sit outside because they are a family friendly place.

02:58:25 And we never went there when it was -- it used to be called

02:58:29 the wooden door.




02:58:30 And that was a dive bar.

02:58:32 It was dark.

02:58:34 I wouldn't take them in there.

02:58:35 Reilly's Westshore Taphouse, I mean, we go there, and it's

02:58:40 very family friendly.

02:58:42 So I am in support of it.

02:58:46 >>CHARLIE MIRANDA: Thank you very much.

02:58:46 Next, please.

02:58:47 >> My name is Toni Thompson, 550503 west Spring Lake.

02:58:55 Possibly four blocks from Reilly's Westshore Taphouse.

02:59:00 I am an extremely strong component of local businesses and

02:59:03 small businesses.

02:59:04 I walk the walk.

02:59:05 I talk the talk.

02:59:06 I totally believe in them.

02:59:08 Our area of Westshore is lined with businesses that have

02:59:10 been there a long time, and some new ones.

02:59:16 DDB, pizza, Smoke Shaft, Garden of Eden, nail salon, and

02:59:21 Reilly's Westshore Taphouse.

02:59:23 All of those businesses for years have maintained a ten-foot

02:59:28 variance, except Reilly's Westshore Taphouse.

02:59:31 They are the only ones that haven't done that.

02:59:34 Everybody else has come and gone like CDDs.

02:59:41 I feel that to grant a variance in defines of our code is

02:59:46 actually serving an injustice to all of the on the




02:59:49 establishments that are there.

02:59:51 Are they going to build out to the street and destroy what

02:59:53 we have in Westshore and violate our code?

02:59:57 This was built in absolutely violation of our code.

03:00:01 And this is a precedent for everyone else.

03:00:05 So I believe that this translates to a hardship and

03:00:07 injustice to all of our other Westshore businesses along

03:00:10 there.

03:00:13 I don't feel that there's any unusual characteristic about

03:00:16 this.

03:00:16 This is another building there, another facility there.

03:00:19 I believe as Councilwoman Lisa Montelione said a few minutes

03:00:25 ago, code enforcement is a vital part of what we do.

03:00:28 Thank you very much.

03:00:29 >>CHARLIE MIRANDA: Thank you.

03:00:30 Next please.

03:00:31 >> Good afternoon.

03:00:37 My name is Greta Aldene.

03:00:42 My family lived at South Omar since 1955.

03:00:47 They were the first in of the second generation.

03:00:52 I drink -- go on saint paddy's day and it is certainly not a

03:01:04 restaurant.

03:01:05 And I noticed the other day, on the porch where they need

03:01:09 all this extra room, they have a big pool table.

03:01:14 Now, I have never known a restaurant, with any class anyhow,




03:01:19 that has a pool table.

03:01:20 And someone said the other day that kids were in there

03:01:25 playing pool.

03:01:27 Now, they might be in their 20s at lunch time, and they

03:01:30 are supposed to be working, but that is not a restaurant.

03:01:37 It was originally, in the beginning, a flower shop.

03:01:42 So when that went up, it went up not too very long ago.

03:01:48 So I say, if we are going to have a restaurant, let's have a

03:01:52 restaurant.

03:01:52 We do not need that extra problem with the parking.

03:01:58 The parking in the neighborhood has gotten terrible.

03:02:01 And I just hope you will deny them the request.

03:02:04 I thank you.

03:02:08 >>CHARLIE MIRANDA: Anyone else who has not spoken?

03:02:17 Wait a minute.

03:02:20 I can't record you.

03:02:21 >> I'm the general manager of Valley's Westshore.

03:02:26 The time it took to building made constant improvements to

03:02:30 the building, all of the wastewater people and the solid

03:02:34 waste people worked with us.

03:02:36 Wastewater, last week, about a complaint made by one of the

03:02:41 neighbors, we complied in all areas.

03:02:43 >>STEVE MICHELINI: Excuse me, he's part of the petition so

03:02:48 it's probably better that you save that for rebuttal.

03:02:50 >> Well, anyone who has not spoken that is not part of the




03:02:53 petition?

03:02:55 I see no one.

03:02:56 You have five minutes for rebuttal.

03:03:03 >>MIKE SUAREZ: I want to make sure I don't eat into his

03:03:06 time.

03:03:06 Can I ask a question of Mrs. Kert please, real quick?

03:03:10 And maybe you know the answer.

03:03:11 I don't know.

03:03:12 The variance requested is to allow two feet.

03:03:19 If we do not allow this, the ten-foot amount, where would

03:03:23 that be?

03:03:24 Do you have idea in relation --

03:03:27 >> I think Mr. Cotton can answer that.

03:03:31 >>MIKE SUAREZ: Mr. Cotton, if you can answer that for me.

03:03:34 And I have pictures up here, too.

03:03:35 So give me an idea what we are talking about here.

03:03:40 >>ERIC COTTON: The existing building is back 18 feet so the

03:03:43 ten foot mark for any new construction, permitting, would be

03:03:47 approximately probably around where the one is on the 18.1.

03:03:51 >>MIKE SUAREZ: And there is that overhang there.

03:03:56 According to the pictures, you got sort of a balustrade

03:04:00 looking thing on the Westshore area.

03:04:02 And that is like right underneath the -- or right past it.

03:04:06 Do you know if that additional eight foot, is that where the

03:04:13 roof line is now that we are looking at on that top picture?




03:04:18 Or is it further to your --

03:04:22 >> It's from the property line which is probably --

03:04:28 >> So it's further back?

03:04:30 >>ERIC COTTON: It comes back to here.

03:04:31 Probably about eight feet.

03:04:32 >> So some of the side pockets of that pool table.

03:04:37 Okay.

03:04:38 I just wanted to verify that.

03:04:40 Now I have a question for Rebecca Kert.

03:04:44 If we uphold the VRB's decision on this, does that that are

03:04:52 roof have to be then set back towards that lot line?

03:04:59 >>REBECCA KERT: If you deny variance then the property will

03:05:01 need to come into compliance with what the underlying code

03:05:05 is.

03:05:05 >> And that means they probably have to do something to

03:05:07 change that?

03:05:08 >>REBECCA KERT: Correct.

03:05:09 >>MIKE SUAREZ: Thank you, chair.

03:05:12 >>CHARLIE MIRANDA: Petitioner, five minutes.

03:05:13 >> Okay.

03:05:14 I was keeping notes here about a couple things.

03:05:16 This has nothing to do with occupancy.

03:05:18 It doesn't increase it.

03:05:20 It doesn't change it.

03:05:21 The patio is part of the restaurant already.




03:05:24 What this has to do with is the canopy itself and whether or

03:05:27 not the canopy should remain.

03:05:31 Granted, they never should have built it.

03:05:34 The previous tenant shouldn't have built it without a

03:05:38 permit.

03:05:38 He should have gone through the process.

03:05:39 But that's not what happened.

03:05:41 Now you have a viable business that's coming in and saying,

03:05:43 please grant us some relief.

03:05:45 This has nothing to do with the signals intersection.

03:05:49 This is at the corner here.

03:05:53 But that's not just a blind corner.

03:05:56 Transportation reviewed this and determined that the

03:05:58 existing canopy did not obstruct any of the view triangle

03:06:04 associated with this corner.

03:06:05 If you look, if you look closely, you can see anything

03:06:09 coming out of the neighborhood, would be an additional 20

03:06:13 feet off of the side of the sidewalk.

03:06:16 And it would be signalized.

03:06:19 So they couldn't make a left turn without a green light.

03:06:22 And the stop line, if you look at the sidewalk, the stop

03:06:26 line is in line with the edge of the sidewalk.

03:06:30 It's not back here.

03:06:31 So the fronts of the cars are lined up with the sidewalk.

03:06:35 So there is no public health, safety and welfare issue here




03:06:39 related to any obstruction.

03:06:41 The issue that's before you simply is they built the canopy.

03:06:45 They should have gotten permits.

03:06:47 They are asking for relief.

03:06:48 It's too close to the setback line.

03:06:51 But there's still an additional almost 22 feet between the

03:06:57 edge of that property line, which is a knee wall, and the

03:07:00 edge of the pavement.

03:07:01 Typically, you would have no more than 15 to 20 feet.

03:07:05 And if it were in compliance with the code, it would be 10

03:07:09 feet.

03:07:09 So for whatever reason, Westshore has an extraordinarily

03:07:15 wide right-of-way line.

03:07:16 If you look back here, on this plan, the parking lot is

03:07:28 behind the building.

03:07:29 So you have a parking lot.

03:07:31 You have the utility room, the restaurant, an alley, and

03:07:35 then you have the residential structure.

03:07:40 This section right here is over 50 feet in length.

03:07:48 There is ample buffering.

03:07:49 There's far more buffering available here than there is on

03:07:52 many of the other issues that you have to deal with.

03:07:57 Now, the owners and proprietors have come to you, and I have

03:08:01 the manager here as well that can tell you that they rely on

03:08:04 that patio being an indoor outdoor covered space for a great




03:08:08 deal, 40% of the income of the restaurant is related to

03:08:11 that, using that space.

03:08:14 It's not air conditioned.

03:08:16 It's not part of any expansion of the restaurant.

03:08:19 It is already approved.

03:08:21 It's already been calculated and taken into account with all

03:08:25 the parking that's necessary for this establishment.

03:08:28 It's not making the restaurant grow.

03:08:30 It's making it more comfortable.

03:08:33 We are respectfully requesting your approval and relief from

03:08:36 this setback issue.

03:08:39 If there weren't more right-of-way between the edge of this

03:08:43 property line and the edge of the pavement, we would come

03:08:47 and say, hey, this is far too close.

03:08:50 But there are generous amounts of land between them and the

03:08:52 edge of the pavement.

03:08:55 As I said, there's no density issue here.

03:08:58 This doesn't increase their seating.

03:09:00 It doesn't change anything regarding their operation except

03:09:03 for the fact that it enables them to market and provide for

03:09:09 indoor/outdoor space.

03:09:11 I think that is -- it doesn't increase the wet zoning.

03:09:16 I will be happy to answer any questions.

03:09:18 The manager can come up and give you a few words if you

03:09:20 like.




03:09:21 >>CHARLIE MIRANDA: Any questions by council members?

03:09:24 Any others that want to testify in that five minutes?

03:09:27 Mrs. Montelione, one second.

03:09:28 Hold the clock,.

03:09:30 Mrs. Montelione.

03:09:31 >>LISA MONTELIONE: Ms. Thompson has indicated that all of

03:09:35 the other businesses along this stretch of roadway -- and

03:09:39 maybe this is for Eric -- have complied with the ten-foot

03:09:46 setback.

03:09:47 This is the only one.

03:09:48 Do we know that?

03:09:51 >>ERIC COTTON: Land Development Coordination.

03:09:52 I can't testify to that exactly.

03:09:54 This is the aerial photo.

03:09:56 The property highlighted in orange.

03:09:59 It is their property.

03:10:06 The building itself -- I don't want to testify because I

03:10:13 don't want to say anything one way or the other.

03:10:19 But this is the aerial these for that general location.

03:10:23 >>LISA MONTELIONE: Okay.

03:10:28 And maybe I need to be refreshed.

03:10:33 The knee wall would also have to be removed as well?

03:10:37 That's part of what was built in the right-of-way?

03:10:39 >> The knee wall built in the setback, the structure doesn't

03:10:45 exceed 36 inches in length.




03:10:47 >>LISA MONTELIONE: So it's just the roof of that patio

03:10:52 building would have to come back to where the structural

03:10:55 support is, it seems.

03:10:57 >> More or less.

03:11:01 >> The structural support has to be ten foot.

03:11:03 The ten foot mark.

03:11:05 You are allowed to have a three foot encroachment past that.

03:11:07 >>LISA MONTELIONE: So when you look at that roof, it can

03:11:17 remain.

03:11:18 It just has to be shorter?

03:11:20 >> Correct.

03:11:20 >> From my estimation of what I am looking at.

03:11:24 >> Correct.

03:11:24 The support column would have to be the setback at the ten

03:11:28 foot mark.

03:11:29 >> For Councilman Suarez's on that side pocket there, it

03:11:34 looks like the support is lined up with the end of the pool

03:11:37 table and that would be just about the point where they

03:11:40 should be.

03:11:41 Thank you.

03:11:44 >>CHARLIE MIRANDA: Mr. Cohen?

03:11:45 >>HARRY COHEN: Just hypothetically, if this came down,

03:11:53 something could be built there similar, as long as it didn't

03:11:57 encroach past the ten-foot setback.

03:12:00 >> Correct.




03:12:04 >>HARRY COHEN: Including an awning?

03:12:05 >> Correct.

03:12:06 >>MIKE COHEN: I have to say, I do not see how this creates

03:12:14 an undue hardship.

03:12:15 I don't see how it even comes close to the legal standard

03:12:17 that it would have to meet in order for us to approve it to

03:12:22 allow it to stay there.

03:12:29 >>CHARLIE MIRANDA: Continue, petitioner.

03:12:30 >>STEVE MICHELINI: Well, council, the main issue here, I

03:12:35 believe that somewhere in the back of someone's mind, they

03:12:37 believe that if the canopy goes, the patio goes.

03:12:41 It doesn't.

03:12:42 It makes it more difficult to establish and operate the

03:12:46 business.

03:12:46 And these columns are -- they are strapped and concreted

03:12:52 N.it's not a matter of a simple cutting a portion of the

03:12:55 roof back and making sure that it complies.

03:13:00 It does create a significant financial hardship for them,

03:13:04 and a significant operational hardship to remove it.

03:13:10 As I said, by their sometimes, 40%.

03:13:18 >>CHARLIE MIRANDA: Thank you very much.

03:13:20 All right.

03:13:21 Anyone else who has not spoken?

03:13:24 You only had five minutes.

03:13:29 You told me he was part of the --




03:13:31 >>STEVE MICHELINI: He's part of the ownership.

03:13:33 So unless someone has a question for him, we have used our

03:13:35 time.

03:13:36 >>CHARLIE MIRANDA: Any further questions, council members?

03:13:38 >>MIKE SUAREZ: I had one.

03:13:39 Mr. Michelini, when did the property owners buy this

03:13:45 particular property, do you know?

03:13:47 >>STEVE MICHELINI: I don't know when they bought it.

03:13:49 >>MIKE SUAREZ: I guess my point is, we have seen the

03:13:53 variance review decision.

03:13:54 It was purchased without the knowledge that they had -- they

03:13:58 were already in violation, as we have seen many, many times,

03:14:02 and no one ever does the groundwork to find out whether they

03:14:08 violate any codes?

03:14:10 >>STEVE MICHELINI: It's the tenant that is currently at

03:14:12 risk.

03:14:13 >>MIKE SUAREZ: I understand that.

03:14:14 We have seen a lot of these as-is and things.

03:14:17 I wanted to find out if there's a date which the owner had

03:14:20 purchased it, what was going on, because I'm very familiar

03:14:23 with that particular location.

03:14:24 I'm very familiar with that particular restaurant/bar.

03:14:29 I actually know the folks across the street that run the

03:14:32 auto repair shop, so I'm there a lot, unfortunately.

03:14:36 S but I have seen that place many, many times in many




03:14:39 iterations.

03:14:40 I wasn't sure what that meant, and now with this review,

03:14:44 we'll have to make a decision on it.

03:14:45 >>STEVE MICHELINI: I'm not sure what the time line is

03:14:49 exactly except that the actual construction was initiated by

03:14:54 two tenants previously to this.

03:15:00 >> So the tenant is the one that did it, not owner?

03:15:05 >>CHARLIE MIRANDA: Any other council members?

03:15:07 Okay.

03:15:07 The public has spoken.

03:15:08 The petitioner had his five minutes at the clogs.

03:15:11 I need a motion to close.

03:15:14 Motion to close by Mr. Cohen.

03:15:15 Seconded by Mr. Suarez.

03:15:17 All in favor of that motion to close the hearing please

03:15:20 signify by saying aye.

03:15:21 Opposed nay.

03:15:22 The hearing is closed unanimously.

03:15:24 What's the pleasure of council?

03:15:27 >>MIKE SUAREZ: I would like to move to uphold the Variance

03:15:29 Review Board's decision concerning application VRB 13-28.

03:15:35 >>HARRY COHEN: Second.

03:15:37 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez to uphold

03:15:38 the VRB decision.

03:15:40 Seconded by Mr. Cohen on item 59.




03:15:43 All in favor of that motion please signify by saying aye.

03:15:46 Opposed nay.

03:15:49 Motion passes 4 to 1.

03:15:50 (Scattered applause)

03:15:56 No, no, this is not a TV show.

03:15:58 We go to information reports, right to left.

03:16:01 Mr. Suarez.

03:16:01 >>MIKE SUAREZ: Excuse me, the microphone.

03:16:07 I have two items.

03:16:08 The first item, I would like a commendation for the

03:16:14 department of public works complete maintenance division.

03:16:18 They earned the blue seal of excellence recognition as

03:16:21 prescribed by the national institute of automotive service

03:16:24 excellence which recognizes those groups and businesses that

03:16:34 improves the quality of vehicle repair and service by means

03:16:37 of voluntary certification are.

03:16:40 To be eligible for this, the company, or in our case, the

03:16:44 city invests 75% of its automotive professional ASE

03:16:49 certified and 90% of the technical staff have already

03:16:52 obtained that certification.

03:16:53 I would like to ask for a commendation.

03:16:55 >> Motion by Mr. Suarez.

03:16:56 Second by Mr. Reddick.

03:16:58 All in favor of the motion?

03:16:59 Opposed?




03:16:59 The ayes have it unanimously.

03:17:01 >>MIKE SUAREZ: Second, a commendation to our water

03:17:06 department.

03:17:07 They were recognized by the partnership for safe water this

03:17:10 month in Denver at the national American water works

03:17:13 association conference.

03:17:15 We are one of 12 water utilities in the U.S. to receive the

03:17:19 partnership 15-year director's award and one of 29 utilities

03:17:23 across the country to receive a first, fifth, tenth and

03:17:28 15-year award for exceeding federal drinking water standard.

03:17:31 And that's something to be very proud of.

03:17:33 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

03:17:34 Second by Mrs. Montelione.

03:17:35 Further discussion by council members?

03:17:37 All in favor of the motion?

03:17:38 Opposed?

03:17:39 The ayes have it unanimously.

03:17:42 Thank you very much.

03:17:42 Mr. Reddick?

03:17:44 >>FRANK REDDICK: Just two items.

03:17:45 One is make a motion to request that the finance department

03:17:50 report to -- appear before council on the 26th under

03:17:55 staff report to provide information on the total revenue

03:18:00 that has been received, as well as an itemized list of the

03:18:07 red light camera program since the year of 2012-2013.




03:18:16 >> Are you referring to the 26th of September?

03:18:19 September 26th.

03:18:20 Okay.

03:18:25 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

03:18:26 Seconded by Mr. Cohen.

03:18:28 All in favor of the motion?

03:18:29 Opposed?

03:18:29 The ayes have it unanimously.

03:18:30 >>FRANK REDDICK: Second, Mr. Chair, I want to make a motion

03:18:34 that TPD and solid waste appear before council on September

03:18:42 26th under staff reports to state the feasibility of

03:18:47 establishing a training program for all staff personnel

03:18:55 pertaining to code violations citations.

03:18:58 >>MIKE SUAREZ: I will second that but with a friend hi

03:19:01 amendment, not only feasibility but the cost of the training

03:19:04 program.

03:19:06 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

03:19:08 by Mr. Suarez.

03:19:09 Discussion by council members?

03:19:12 All in favor?

03:19:13 Opposed?

03:19:13 The ayes have it unanimously.

03:19:14 Thank you.

03:19:15 Mr. Cohen.

03:19:15 >>HARRY COHEN: Two items.




03:19:18 First, I would like to make a motion to allow for public

03:19:21 hearings on brownfield designations to be scheduled on

03:19:24 September 19th, 2013, at 6:00 p.m.

03:19:28 Otherwise we are not going to be able to hear them until the

03:19:31 end of October.

03:19:31 >> Second.

03:19:32 >>CHARLIE MIRANDA: Seconded by Mr. Suarez.

03:19:34 Discussion by council members?

03:19:35 All in favor of the motion?

03:19:36 Opposed?

03:19:37 The ayes have it unanimously.

03:19:38 >>HARRY COHEN: And the second item is related to travel to

03:19:44 Cuba.

03:19:45 And it is directly related to the trip that Councilwoman

03:19:50 Capin and Mulhern and I took earlier this year with the

03:19:55 Tampa Chamber of Commerce that went to Cuba -- I'm sorry --

03:20:00 went to Cuba on direct flights from Tampa.

03:20:05 There is a provision in the United States house

03:20:08 appropriations bill that it currently is being considered

03:20:14 that would end people to people to Cuba, and right now the

03:20:20 airport is calculating that the flights that we have hear in

03:20:23 Tampa bring at least over $600,000 a year to the airport as

03:20:27 well as money to our local economy.

03:20:30 And I would like to ask that council send a letter to the

03:20:33 members of our congressional delegation, like the greater




03:20:37 Tampa Chamber of Commerce and Tampa International Airport

03:20:40 has, asking them not to vote for the provision in the house

03:20:45 financial services and general government appropriations

03:20:48 bill that would end people to people licenses.

03:20:50 >> Second.

03:20:52 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

03:20:53 A second by Mrs. Montelione.

03:20:55 Discussion Pi council members?

03:20:58 I have to agree with you, Mr. Cohen.

03:21:00 I think what ended people to people was some of those

03:21:05 elected officials in Washington.

03:21:07 [ Laughter ] all in favor of that motion?

03:21:09 Opposed?

03:21:10 The ayes have it unanimously.

03:21:13 Mrs. Montelione.

03:21:14 >>LISA MONTELIONE: Thank you, Mr. Chair.

03:21:17 I had previously made a motion earlier to have legal review

03:21:23 the rental certificate process and ability to revoke the

03:21:26 rental certificates.

03:21:28 So I don't believe we set a date or time for that.

03:21:31 So I need to go back and set the date and time.

03:21:36 Mr. Reddick has already chosen September 26th.

03:21:39 Why don't we make it code enforcement day and have it come

03:21:42 back at the same time?

03:21:45 And 10 a.m.?




03:21:49 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

03:21:51 Mr. Reddick on that motion she made.

03:21:54 All in favor of the motion?

03:21:56 Opposed?

03:21:56 The ayes have it unanimously.

03:21:58 >>LISA MONTELIONE: Also on September 26th, 10 a.m., I

03:22:02 would request that purchasing and code enforcement report

03:22:07 back to us regarding the initiation of an RFP for an outside

03:22:14 company to perform rental inspections similar to what Mr.

03:22:19 Snelling talked about earlier with the home inspection that

03:22:22 they are doing for each of the homes on our waiting list

03:22:29 with the numbers of rental properties that we have and the

03:22:32 number of code enforcement officers we have.

03:22:35 I would like to see the feasibility on making that an annual

03:22:40 inspection and putting it in the hand of a third party

03:22:44 verifier rather than relying on the limited code enforcement

03:22:50 staff that we have.

03:22:53 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione.

03:22:57 You aren't going to be liked too much.

03:22:59 But I'll take that because they are making money on not

03:23:01 inspecting.

03:23:01 Ms. Montelionoe's motion, seconded by Mr. Cohen.

03:23:03 Further discussion by council members?

03:23:05 All in favor of the motion?

03:23:06 Opposed?




03:23:07 The ayes have it unanimously.

03:23:08 >>LISA MONTELIONE: Okay.

03:23:09 The next one also September 26th at 10 a.m., code

03:23:14 enforcement to work with -- I'm asking code enforcement to

03:23:18 work with Hillsborough County property appraisers office to

03:23:20 develop a notification system.

03:23:23 Legal will have to be involved in this.

03:23:25 My apologies.

03:23:27 When the homestead exemption is not filed on a property,

03:23:30 where it has been previously.

03:23:34 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

03:23:36 Mr. Cohen. Discussion by council members?

03:23:36 All in favor?

03:23:38 Opposed?

03:23:38 The ayes have it unanimously.

03:23:40 >>LISA MONTELIONE: I would like to have legal and code

03:23:43 enforcement report on the effectiveness or the ability of

03:23:48 simultaneously issuing civil citations to the property owner

03:23:51 when one is delivered to a tenant.

03:23:58 >>CHARLIE MIRANDA: Motion by Mrs. Montelione.

03:24:00 Seconded by Mr. Cohen. Further discussion by council

03:24:01 members?

03:24:01 All in favor?

03:24:03 Opposed?

03:24:03 The ayes have it unanimously.




03:24:04 >>LISA MONTELIONE: The next one I have relates to one that

03:24:09 you are going to make at the end of this.

03:24:11 So I might ask for an amendment when you make yours.

03:24:16 >>CHARLIE MIRANDA: Okay.

03:24:16 >>LISA MONTELIONE: And I would like to make a motion to ask

03:24:19 legal and code enforcement to develop a system by which

03:24:25 property owners who own multiple properties within the City

03:24:28 of Tampa are pursued and investigated for the existing

03:24:38 abatement ordinances that we have already -- I'm trying not

03:24:46 to single out one particular company, but it one company I

03:24:50 would look into.

03:24:51 >>MIKE SUAREZ: I'll second that.

03:24:53 I think what you are looking for, if I may, is that we would

03:24:56 set up a system that looks at absentee owners, and those

03:25:02 owners that are scofflaws concerning code enforcement

03:25:06 violations, and what mechanism we can use to enforce against

03:25:13 their specific properties.

03:25:13 >> Yes, sir.

03:25:19 And I'm lag for a threshold number.

03:25:20 So if you own more than 100 properties --

03:25:24 >> The only reason I said it that way, I think we may get in

03:25:27 trouble Constitutionally by doing.

03:25:30 That.

03:25:29 >>LISA MONTELIONE: That's why I was trying to -- that's

03:25:32 fine.




03:25:32 I'm not sure if the clerk is clear on that motion that Mr.

03:25:36 Suarez tried to clean up for me.

03:25:38 Maybe you want to restate that and make that motion and I'll

03:25:41 second yours?

03:25:44 >>MIKE SUAREZ: No, I think those land owners -- and I think

03:25:50 we can do based on those that are nonresidential or those

03:25:56 that are not in the state, and do it that way.

03:26:00 >>LISA MONTELIONE: Okay.

03:26:03 So if legal can come back to us with a method by which we

03:26:06 can effectively prosecute out-of-state owners of rental

03:26:17 property that are repetitive code violators.

03:26:25 >>MIKE SUAREZ: Staph laws.

03:26:26 I love that word.

03:26:28 >>CHARLIE MIRANDA: I thought it was a Cuban sandwich with

03:26:30 ice cream.

03:26:31 I have a motion by Mrs. Montelione.

03:26:33 Seconded by Mr. Suarez.

03:26:34 Further discussion by council members?

03:26:35 All in favor of the motion?

03:26:37 Opposed?

03:26:38 The ayes have it unanimously.

03:26:39 >>LISA MONTELIONE: I think that's it.

03:26:44 >>CHARLIE MIRANDA: I pass the gavel over to the vice

03:26:45 chairman, Mr. Cohen. Let me say this.

03:26:49 I don't think there are any experts in code enforcement




03:26:51 because it changes every day with thousands of violations.

03:26:56 But most of them happen, in my judgment, in district 5,

03:27:00 district 6 and district 7.

03:27:01 That doesn't mean there aren't any somewhere else.

03:27:04 But that's where the preponderance are.

03:27:07 I would imagine that most of those that happen there are

03:27:10 repeat offenders.

03:27:12 So we are chasing ourselves.

03:27:13 It doesn't end and it doesn't work.

03:27:16 Yes, I would imagine that it took the workload of this

03:27:21 council and all the calls that we get, a great percentage,

03:27:24 40 to 50%, are about code.

03:27:26 Maybe not quite that high but almost that high.

03:27:29 I could also say that we have a problem.

03:27:34 Most of these individuals to some extent are elderly.

03:27:39 Being elderly they have an income that's being limited.

03:27:42 Being limited, you are going to have to decide whether they

03:27:45 fix whatever it is, buy the medicine, buy the food, pay the

03:27:51 high insurance rates.

03:27:55 Of course it's not him.

03:27:56 I'm talking about citizens.

03:27:58 So what I am saying is this.

03:28:00 We go after these people.

03:28:02 They are holder than I am, have less income than I do, takes

03:28:06 much more pills than I do, and at the end of the day they




03:28:09 can't afford to do what we are asking them to do.

03:28:12 There's no diversion.

03:28:14 Not to any great extent to put money into that program, to

03:28:17 do whatever the small things are.

03:28:20 Yes, there's sometimes money to fix a roof like today but

03:28:25 not enough to do what really had to be down bring the

03:28:28 stabilization of the neighborhood to the standard that it

03:28:30 should be.

03:28:32 It's counterproductive not to start a program to do that to

03:28:37 these resident that need help, to make their properties

03:28:41 worth more and stabilize the neighborhood, and therefore

03:28:43 guess what?

03:28:44 Stabilize your income, your ad valorem taxes and possibly

03:28:49 higher income every year because the stabilization program

03:28:52 continues to grow and continues to lift the neighborhood up.

03:28:57 When I look at code enforcement -- and I tried to understand

03:29:00 what happened, like when I said earlier about the cars --

03:29:03 and I am not trying to be fun which the tires and the nails

03:29:06 and all that.

03:29:07 It's just rolling in the same street doing the same thing

03:29:10 for years.

03:29:10 The system does not work.

03:29:13 We need a complete overhaul and the administration to take

03:29:18 charge of that.

03:29:19 And us six members.




03:29:27 Code enforcement is a hard work.

03:29:29 Code enhancement is a souther word.

03:29:32 People need help.

03:29:33 But we are just enforcing, we are not enhancing.

03:29:36 So you have to be -- some want to be hard-nosed, and for

03:29:41 those who need help and want it done.

03:29:45 And I always said that code enforcement is for the code, not

03:29:52 for the money of it.

03:29:53 But I also understand that sometimes things are different.

03:29:55 Some people don't want to do it at all.

03:29:57 In an effort to assist municipalities, and especially Tampa,

03:30:02 with respect to the collection of outstanding code fines, it

03:30:05 would be extremely helpful if the state legislature would

03:30:09 consider passing legislation attaching code violation fines

03:30:12 to the individual property owners associated with the fines

03:30:17 through their ad valorem taxes.

03:30:19 Hence, what does that do?

03:30:21 First of all, you don't have to worry about ho buys the

03:30:24 house.

03:30:25 Whether the house is sold, or it's inherited, and the taxes

03:30:29 have to be paid sometime in the future before that

03:30:32 transaction is approved by any accredited agency.

03:30:36 Guess what you are.

03:30:37 G you are going to collect your fines.

03:30:39 Now, you have to be careful when you do this because




03:30:41 sometimes the fines exceed the value of the home, or the

03:30:44 vacant lot.

03:30:44 So there is something that we have to look at, a little

03:30:48 deeper and a little further.

03:30:50 And I am going leave that to the administration to figure

03:30:53 out because they have much more staff than we do.

03:30:56 Not that we can't cooperate and work with them.

03:30:58 We certainly will do that.

03:30:59 So I am asking -- asking the City of Tampa attorney Julia

03:31:06 Mandell to do this process, to appropriate her time, and

03:31:12 through legislation delegation, to try and come back within

03:31:16 60 days.

03:31:17 And guess what, I guess September 26th would be about

03:31:20 the 60th day.

03:31:21 And if we can do that, to come back and give us something.

03:31:24 What I hear is all side.

03:31:27 They are looking for help.

03:31:28 Not only the city, not only the neighborhood.

03:31:31 Everyone is reaching out to help out on the same thing.

03:31:35 And I have the privilege to assist them.

03:31:39 That does not work.

03:31:40 It just doesn't work.

03:31:41 It's repetitive, keeps going, and just can't have it

03:31:45 continuing this way.

03:31:47 You have chaos.




03:31:48 So I would like that motion.

03:31:51 I just made that motion and second it.

03:31:53 >>HARRY COHEN: We have a motion from Councilman Miranda.

03:31:55 Seconded by Councilman Suarez.

03:31:57 Is there any discussion on the motion?

03:31:59 Hearing none, all those in favor please indicate by saying

03:32:01 aye.

03:32:02 Opposed?

03:32:04 Okay.

03:32:04 Motion passes.

03:32:06 >>CHARLIE MIRANDA: Thank you very much.

03:32:06 >>HARRY COHEN: Before I give it back to you, may I ask you

03:32:09 to recognize me again because I would like to make two

03:32:12 additional motions on the code enforcement issue.

03:32:14 >>CHARLIE MIRANDA: I changed my mind.

03:32:15 [ Laughter ]

03:32:20 >>MIKE COHEN: I wanted to wait till everyone was finished

03:32:22 with what they had to say.

03:32:23 I would like to make a motion that on September 26th we

03:32:26 have the code enforcement department and the department of

03:32:29 neighborhood empowerment to come back to us with a plan for

03:32:35 reinstituting a peer to peer type program, and incorporates

03:32:39 that program into the mayor's inaugural neighborhood

03:32:44 university training.

03:32:46 >>CHARLIE MIRANDA: Motion by Mr. Cohen.




03:32:47 Seconded by Mr. Suarez.

03:32:48 >>HARRY COHEN: And that would be at 10 a.m. on September

03:32:51 26th.

03:32:52 >>CHARLIE MIRANDA: All in favor of the motion indicate by

03:32:53 saying aye.

03:32:54 Opposed nay.

03:32:54 The ayes have it unanimously.

03:32:56 >>HARRY COHEN: Second, since Councilwoman Mulhern is not

03:32:59 here, and I think her idea was a good one, on her behalf I

03:33:02 would like to make a motion that on this same day we ask

03:33:05 Tampa new grant writer for the City of Tampa to report to us

03:33:08 at 10 a.m. on September 26th on opportunities to pursue

03:33:12 grant money to help us augment our code enforcement earth

03:33:17 effort.

03:33:17 >>LISA MONTELIONE: Second.

03:33:20 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mrs.

03:33:22 Montelione.

03:33:23 All in favor? Opposed?

03:33:24 The ayes have it unanimously.

03:33:25 Anything else?

03:33:26 I need a motion to receive and file document.

03:33:28 I have a motion by Mr. Cohen.

03:33:30 Seconded by Mr. Suarez.

03:33:31 All in favor of the motion indicate by saying aye.

03:33:33 The ayes have it unanimously.




03:33:35 I believe Mr. Shelby has visited the process of changing

03:33:42 things that come before us, and the mannerism in which we do

03:33:45 it.

03:33:46 Mr. Shelby, do you want to speak on that?

03:33:49 >>MARTIN SHELBY: Yes, Mr. Chairman.

03:33:50 I have had the opportunity to talk with you, and I had the

03:33:53 opportunity to talk to chief of staff Harrell regarding the

03:33:58 order of business in order to expedite council's transaction

03:34:03 of business.

03:34:03 And as you know, your rules of order set forth the order of

03:34:10 business.

03:34:10 And you have that right in front of you.

03:34:12 I just lifted that from the rules of procedure.

03:34:17 Council, the way you do business now is really a legacy of

03:34:21 decisions made by previous councils.

03:34:23 You have had the opportunity certainly to see how things

03:34:26 work.

03:34:29 These, as I say, are not my rules.

03:34:32 They are your rules.

03:34:33 And they should reflect the way you want to run your

03:34:36 meeting.

03:34:37 So whatever would work based on your experience, I would be

03:34:42 able to make an amendment.

03:34:44 Your rules state that if you want to change the order of

03:34:47 business permanently, the rules of procedure may be amended




03:34:52 by a majority vote of the entire council at any regular

03:34:57 meeting of the council, after having been read at two

03:34:59 consecutive regular meetings.

03:35:01 If you give me direction of how you would like to change the

03:35:03 meetings to be reflected in the rules, I will prepare a

03:35:05 resolution, bring it back at the next regular meeting.

03:35:08 It will be read and then take effect after the next regular

03:35:11 meeting after that.

03:35:12 There's been some discussion as to when to have the staff

03:35:16 reports.

03:35:18 For instance, I am going to make an observation, council.

03:35:21 You notice that the way the meeting ran today, there was a

03:35:25 long discussion.

03:35:26 If you look at the September calendar, you will notice there

03:35:29 is really no workshop set for the month of September because

03:35:32 the way the schedule works.

03:35:33 But I will a sure you that after what you have done this

03:35:37 afternoon on the 26th of September, you will be spending

03:35:39 a substantial amount of time on an area.

03:35:43 So that being said, if council wants to consider doing away

03:35:50 with the second workshop day, or if council wishes to change

03:35:54 the location of your staff reports, the way things are set

03:35:58 up now, in effect, the staff reports fall right in the

03:36:01 middle of your public hearings.

03:36:03 You do your second readings and you start with staff reports




03:36:07 but then you still have hearings that follow.

03:36:09 So whatever works with council, would I be willing to amend.

03:36:11 >>HARRY COHEN: I want to be clear.

03:36:14 This appears to be the order in which we do business now.

03:36:17 So I was under the impression that we were going to

03:36:23 entertain an idea to change, the order of changes --

03:36:29 >>CHARLIE MIRANDA: Let me say this.

03:36:30 What I would like to do on a trial basis, first time we have

03:36:34 a council meeting after this one, is that our staff reports,

03:36:39 and those items of over a million dollar be brought up for

03:36:43 approval right after public comments.

03:36:45 Why is that?

03:36:47 First of all, the public will speak on what they need, and

03:36:50 those individuals are here to present staff reports so they

03:36:54 get to hear that.

03:36:55 Secondly, those individuals can go back to work and save

03:37:00 time in essence, do something.

03:37:05 Rather than just be here for two or three hours waiting for

03:37:07 their turn to come up.

03:37:08 I think it's a thing that needs to be done and needs to be

03:37:11 addressed.

03:37:12 I think that we agree -- I'll stop the philosophy, but I

03:37:16 would like to try it for a week or so.

03:37:18 So what I would like to do is leave it the way it is and I

03:37:21 would like to call for at the time we have that next meeting




03:37:24 that these things come up and I see all that staff in the

03:37:27 back for, what do you call it, waiver of the rules to allow

03:37:31 me to bring them up.

03:37:34 We'll try it, see how it works and go from there.

03:37:37 >>MARTIN SHELBY: And council, just to remind you as the

03:37:39 chairman said, to be done by unanimous consent or if there's

03:37:43 a motion and a vote, it takes a vote a simple majority of

03:37:46 five or more council members.

03:37:47 So.

03:37:51 >>CHARLIE MIRANDA: Thanks very much.

03:37:51 >>LISA MONTELIONE: Can I make a suggestion?

03:37:55 >>CHARLIE MIRANDA: Yes.

03:37:55 >>LISA MONTELIONE: I would suggest also looking at the in

03:37:59 order which we do things now.

03:38:01 Public hearings, second reading, public hearings followed by

03:38:04 public hearings on legislative matters, and we have items

03:38:10 removed from consent agenda, the staff reports.

03:38:16 That's your suggested trials period, so that anything

03:38:20 removed from the Don sent agenda can be addressed by staff

03:38:23 while they are all still here?

03:38:25 >>CHARLIE MIRANDA: Yes, I would imagine they could do that.

03:38:28 There's no problem with that.

03:38:29 >>LISA MONTELIONE: These items that were going to the

03:38:36 consent agenda that war pulled --

03:38:38 >>CHARLIE MIRANDA: Which one is that?




03:38:40 >>LISA MONTELIONE: That's letter K on the report.

03:38:42 Then if we do that, then it will be public hearing, second

03:38:45 reading, public hearing legislative matter, quasi-judicial

03:38:49 following after that.

03:38:51 >>CHARLIE MIRANDA: The next council meetings are right

03:38:54 after.

03:38:55 No problem with that.

03:38:56 We'll try that and see what happens.

03:38:58 >>LISA MONTELIONE: Thank you.

03:39:00 >>CHARLIE MIRANDA: Now we go to the general public comment.

03:39:06 Yes, sir, Mr. One of Five Hundred?

03:39:18 >>>

03:39:27 (Meeting adjourned)

03:40:55



DISCLAIMER:

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