Help & information    View the list of Transcripts


Tampa City Council
Thursday, March 24, 2005
9:00 a.m. Session


DISCLAIMER:
The following 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 transcript 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.


[Sounding gavel]
>>GWEN MILLER: Tampa City Council is called to order.
The chair will yield to Mary.
>>MARY ALVAREZ: Alvarez thank you, Madam Chairman.
This morning, we have Father Joe Pusari, assistant pastor of OLPH in Ybor City, originally from Iowa, came to Tampa from the Mission Samoa, South Pacific.
He's a member of the Ybor Rotary, and also friend of mine.
Please stand as we give our invocation today.
Please remain standing for the pledge of allegiance.
>> Thank you, Mary, for the introduction and the invitation to be here today.
Prayer for the City Council of Tampa:
Lord God and Father, first we pray for our country.
Use the influence of this nation as a means to improve the situation of all the people in the world.
Also, we pray for our state, which is so often in the news these days.
May your favor and grace flow to government and business leaders.
Give them an altruistic spirit.
Most of all, today, Father, we pray for our City of Tampa, a city of many national and cultural influences.
We pray for the development and infrastructure of the city.
We pray for the City Council here present, especially for our mayor, Pam Iorio.
Grant them wisdom, insight and compassion.
We pray for the city administration and employees, especially those in dangerous professions, such as police and firemen.
We pray for our citizens, for their health and well-being.
We pray for the poor, the unemployed, the underemployed, the undereducated and the underprivileged.
We pray for the visitors to this city.
May their visit here refresh them to continue their life and work with when they return to their homes.
We ask you to grant all these blessings for your own glory.
May these blessings abide.
We make these prayers with humble hearts, each of us in his or her own name.
Amen.
(Pledge of Allegiance)

>>GWEN MILLER: Roll call.
>>JOHN DINGFELDER: (No response)
>>LINDA SAUL-SENA: Here.
>>MARY ALVAREZ: Here.
>>SHAWN HARRISON: Here.
>>ROSE FERLITA: Here.
>>KEVIN WHITE: Here.
>>GWEN MILLER: Here.
At this time I am going to present a commendation along with my interpreter Mary Alvarez to Oviedo, Spain, our sister city.
It is really an honor and a pleasure to have our sister city here, Oviedo, Spain.
Mrs. Alvarez has once been there to represent the City of Tampa.
And she's going to translate this commendation.
Because you don't want to hear my Spanish.
So this commendation for them.
>>MARY ALVAREZ: Presented to the mayor of Oviedo, Spain, official representatives and members of Lavonda.
>>GWEN MILLER: In grateful recognition to your visit to the City of Tampa during the week of March 21st, 2005, Tampa City Council sends best wishes for your time here.
We hope your visit is both enjoyable and productive.
We welcome all of you and look forward to making it a long lasting relationship with Oviedo Spain.
All signed by our council.
And Oricci was there as assistant to the mayor.
He was such a great guy.
And I really appreciate it.
(Applause)
And he's going to translate everything for us.
>> First, I'm Joe Pando, I was here last September to talk to you and tell you we were bringing 88 members from the city, and they are here this week.
They are going to be performing at different places.
Let me introduce some of the people that came.
First, we have Juan Lopez.
As I said before they have 27 City Councilmen there.
And he has the number 2 power at the city of Oviedo. Also City Councilman is Herra Garcia, in charge of sister city relationships and international relationships.
Also, we have Lafia, the president of the bagpipers, which is here, and there are 80 members.
Also, we have Fernandez, mayor's assistant and chief of protocol at the city of Oviedo.
Also here as you can see, we also have Carmen Matao with the newspaper which is sending articles back to Spain every day.
We have Jesus Farbone, a photographer and also reporter, and we have with television and he's recording everything.
Basically they got here Tuesday night.
Yesterday we had to cancel our performance due to some technical reasons of some luggage left back in Mexico and we had to cancel Lykes Park.
Today they will be at the National Stadium doing the National Anthem.
Tomorrow night they will be at the Columbia Restaurant.
Friday they will be at the Centro Asturiano.
And then Disney World.
They have just come back from their sister city strip, Vera Cruz, Mexico, which is their sister city, the same as we have our sister city there, and they are going to Jersey City, which is also their sister city up in New Jersey.
I would like to have the official representative say a couple of words.
>> (Speaking Spanish)
(Applause)
>>> I'll be brief on the translation.
First of all, they are very grateful for the hospitality that the City of Tampa and its residents have given them while they are here.
He also would like to give his regards from his mayor of Oviedo, which is very responsible for this sister city relationship which started back in 1991.
He also indicated that -- he's very grateful that you all extend an invitation for them to come today in front of you all and speak.
And basically, the reason they are here is to maintain the cultural ties and the ethnic ties that they have with Tampa and its immigrants that left out of Spain at a particular time, or their parents left Spain or their sons left Spain or daughters and are in Tampa, and of course they were in Vera Cruz, Mexico, and they encountered all the people, how open arms they were when they were there because a lot of people have never returned back to Spain to see their native land, and it was very emotional and he hopes the same thing will happen in Tampa, and it will probably happen Friday night when we go to Centro Asturiano. Pretty much that's a synopsis.
We'll stop it there.
But they are grateful for it.
and they are having a great time.
They do have something they would like to present to Tampa City Council.
Of course, as you know, at the airport, we have a replica of the cathedral.
I would like to present a copy of that replica to City Council.
If you haven't seen it, the main concourse, the steeple is there.
Hope to see you soon
We have also a photo.
This particular band played in June of 2004 at the wedding of the Prince and Princess of Spain with the Queen of Spain, and they composed a song for them.
And basically they have taken a picture with the King and Prince and Princess, and they want to present that photo to you all.
(Applause).
Thank you very much.
Appreciate it for having us.
>>ROSE FERLITA: Thank you, Mr. Chairman.
(Speaking Spanish).
Just wanted to welcome them as well.
(Speaking Spanish).
The translation was that my grandfather was born in Astudias, and I speak for all my colleagues that we are at their service while they are our guests.
>> And they also have additional things for you all and we'll drop it there and you all can didn't it them yourselves later.
Thank you very much.
>>GWEN MILLER: Thank you.
We now go to department heads and city employees.
Mr. Ron Ibarra.
>> Ron Ibarra, chief accountant.
I'm going to let my boss do the introduction, Bonnie Wise.
>>BONNIE WISE: Good morning, council members.
Today we have item 39 before you, which is our comprehensive annual financial report for the fiscal year ending --
>>ROSE FERLITA: You might want to wait a minute.
We are looking at our little presents.
We're not paying attention.
>>BONNIE WISE: it's not nearly as exciting.
We have the comprehensive annual report for the fiscal year ending September 30, 2004.
And we have with us today Chip Jones and Nory Nissan from KPMG to give a presentation on our audit.
I want to thank Ron Ibarra for working with KPMG this year and every year.
And this year they added a single audit on all of our housing programs.
And they are going to talk a little about that today, even contracted with a specialist out of St. Petersburg to do the extensive review of our housing programs.
And it was a very thorough analysis.
My staff would agree that it was very thorough, and that they have various recommendations for us as we go forward.
I really find that the single audit is going to be a great benefit to me, to Sharon West, as she's new in the housing area, and it's really going to be a road map of some things that we need to do in the next year in our housing area.
The other thing I wanted to mention is that Ron's group has received an award for last year's CAFR, and this is a very prestigious award.
It is the certificate of achievement for excellence in financial reporting.
And it is the highest form of recognition in the area of governmental accounting and financial reporting.
And the staff has consistently received this award.
So I'm very proud of the staff in this regard.
I'm going to turn it over to chip Jones to talk to you a little bit about our audit this year.
>> Chip Jones: Good morning.
I don't want to be presumptuous but probably no one has read this cover to cover.
I think it's just the auditors and the financiers.
It is a very informative document about what has happened in the city in the past year.
I want to talk a little about the audit and also some of our required communications.
This letter was handed out to you.
Essentially under our auditing standards, we are required to provide you with written communications, talk about how the audit went.
And attached is a copy of our engagement letter and representation letter.
If you look at this and read through it what you will find is that the audit went fine, that we had full cooperation of management, there was no disagreements, and the audit went well.
I want to talk now a little about the CAFR and a couple things to focus on.
One is there's a management discussion and analysis in the CAFR that clearly gives what happened with the city over the past year.
It's very well written.
It covers the major highlights, projects under consideration, certain trends that have taken place, talks about next year's budget, those types of things.
If you don't want to read the whole thing I would suggest that you read that.
I would also suggest you look at the statement and net assets which is the balance sheet for the city, and the statement of revenues and expenses or statement of activities, which shows all the governmental functions of the city.
If you take a look at that, what you would find is that public safety costs the city $1,508,000,000 this year.
Cultural and recreation costs $45 million.
The total cost of all the governmental functions was $414 million.
And your property tax revenues covered about 27% of that cost.
I think most taxpayers including myself when we pay our property tax bill think that that's what's covering all the costs of running our city.
And it's just a very small percentage of it.
Also, if you look, you will see that your General Fund balance, which is your main operating fund for the city dropped about $12 million in fund balance last year.
That was caused by two things.
One was hurricane FEMA expenditures that you incur but you are going to get reimbursed for in the current year, and some increased worker's comp claims, some general litigation.
Having a healthy fund balance is something that you should always strive for, and I think the fact that the city did allows you to react appropriately to the hurricanes that hit us, and we had three.
In fact I noticed in the paper today we are listed as one of the five most depressing cities in the country.
And it was behind like Detroit, and Cleveland and stuff like that.
I was thinking, they must have done that survey like last August or September, because this is a great place to be.
Also, there are the financial statements of the aquarium, which we audit, and the historic streetcar, which we audit, and those are separate attachments.
In fact those are part of the city's financial statements.
As Bonnie mentioned, we did do a very in-depth single audit.
You have about $37 million of federal programs, which this year includes $7 million of FEMA expenditures.
Again we have to audit these when they are expended, not when they are received.
You also have $4 million but we focus pretty much on the housing area as well as doing audit FEMA grant and a couple other small grants.
As a result of that, we did have a number of findings and also a number of management letter comments.
I think if you read the management letter in the CAFR you will see there are three headings, and there's probably ten subcomments.
All of those were designed to improve how that department is run.
We met with the city.
I think they were very receptive to that.
Again we gave a very hard in-depth look at that.
We did notice that just in the last six months of the year we were seeing improvements in what was taking place in the city.
So we have got positive steps have been taken and continue with the director and things like that.
In addition to the single audit which we looked at, and we have to report noncompliance issues which we identify.
We had probably a total of 14 single audit findings of which eleven relate to the housing department, and they can be things such as the federal finance reports that are filed, not agreeing to the general ledger, certain types of expenditures, maybe not having all the required documentation, those types of things.
But if you read through those, I don't think we really had any cost.
There was no cost being placed.
Just noncompliance which the city looked at and has agreed the city needs to take care of.
But that was very positive on their part and again things have improved over the last six months.
I would be happy to respond to any questions you might have about the audit.
We have a fine city and -- and they were a pleasure to work with.
>>GWEN MILLER: No questions by council members?
Thank you, sir.
We appreciate it.
Mr. Dingfelder, you said you had a commendation?
We are going to take a break from department heads.
Mr. Dingfelder said he has a commendation to present.
We are going to go ahead and let him present it.
>>JOHN DINGFELDER: We wanted to catch Pete Cowell before he left us.
Good morning.
Peter, as long as I have been watching city government, you have been in front of this podium and speaking to council.
And we were advised, I guess, a couple of weeks ago that you were going to be leaving us and going into the private sector and doing great things out there, and we wanted to wish you well.
In the meantime, I remember all the times that you do your job with such great professionalism that also with a little license of humor, and I think it helps us all get through the moment, and a lot of times there might be a lot of tension in what we all do, but you can break the tension with your sense of humor.
But on behalf of Tampa City Council, we wanted to give you this commendation.
It says as follows: In recognition of 18 years and four months of dedicated service to the city of Tampa, Florida, and it's citizenry, throughout your tenure with the city, you contributed an invaluable service as an urban plan we are the department of business and housing development, and I think in other capacities as well.
Tampa City Council here commends you on your retirement and wishes you well in all your future endeavors.
Pete Cowell.
(Applause).
You don't have a three-minute time limit.
>>PETE COWELL: I'll be very brief.
Thank you very much.
And I am going to miss you all in this capacity.
But I will be back.
And look forward to working with you all in future endeavors.
And if there's anything I can do for any of you, I'm only a phone call away.
>>MARY ALVAREZ: What was your phone number?
(Laughter).
>>LINDA SAUL-SENA: Pete, you have always done -- come before us with such a sparkle about you, and it's been such a pleasure all these years to work with you.
And John said it well.
You have a great combination of professionalism.
And just I think delight in life.
And it always makes us pleased to see you come up to the podium.
We will miss you and look forward to working with you in your new capacities.
>>PETE COWELL: Thank you, everybody.
>>KEVIN WHITE: Thank you, Madam Chair.
Pete, I just want to say on this council member's behalf it is always, as well, been a pleasure both in and out of council, see you at lunch sometimes.
I just wanted to say that your professionalism and everything that I've always had to ask of you and your department has always come expeditiously, and that from my standpoint has always been greatly appreciated.
And I appreciate everything you do and have done for the city.
And I tool miss you.
>>ROSE FERLITA: Pete, I think you and I have had many quiet talks.
You know I appreciate you.
Thanks for everything you have done for me.
>>GWEN MILLER: Thank you, Mr. Cowell.
But don't leave the podium.
We are going to let you speak some more.
(Applause).
>>PETE COWELL: Okay.
I have got two items to bring before you this morning.
>>ROSE FERLITA: How quickly we forget.
>>PETE COWELL: The first one is a walk-on item, a petition for life link foundation.
They started this process back in November of last year and it was a problem in communications between the officials at the University of Tampa and life link and the city as to whose responsibility with what, had to be done with the park.
So we are requesting a walk-on item this morning for a temporary wet zoning that's going to be held on April the 9th at plant park.
First council would need to waive the 15-day criteria but simple majority, and then be able to approve the wet zoning.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>PETE COWELL: Thank you.
>>MARY ALVAREZ: I'd like to make a motion to approve.
>> Second.
>>GWEN MILLER: Motion and second to approve.
(Motion carried).
>>ROSE FERLITA: Mr. Cowell, is somebody here from life link?
>>PETE COWELL: Yes, ma'am.
Linda is here.
>>ROSE FERLITA: I have had the opportunity to work professionally with life link as a pharmacist and you guys are an incredible, incredible asset to the community so I appreciate everything you and your group do.
>>PETE COWELL: The next item is WZ05-12 and WZ05-13.
Council heard both cases back in December, and unfortunately got the ordinances reversed.
Which means they have to both go back to first reading again.
And we have to redo notice.
The office is asking that we waive the administrative fee for the hearings on both cases.
>> So moved.
>> Second.
(Motion carried).
>>PETE COWELL: Thank you.
>>CATHLEEN O'DOWD: This wasn't simply a matter of getting the ordinances mixed up.
There was an incorrect legal description as well as a street address.
So they were misnoticed as well.
>>PETE COWELL: Yes.
So we are going to redo the notice for them, our office will.
We are asking that they be set for May 19th.
>> So moved.
>> Second.
(Motion carried).
>>PETE COWELL: Thank you.
That's everything.
This is my last day.
>>GWEN MILLER: We'll miss you.
>>> I will miss you all.
But like I said I'm just a phone call away.
Most of you have the number and if you don't I will give it to your aides by the end of the day.
>>GWEN MILLER: Thank you.
Mr. Del Acosta.
>>DEL ACOSTA: Del Acosta, manager, historic preservation, administrator, Barrio Latino, and the architectural review commission.
I'm here today at the request of a motion from City Council to discuss scheduling a workshop and the processes of the architectural commission.
I'm also going to throw in the Barrio Latino commission because they are very parallel to one another.
And I think the motion specifically talks about Hyde Park, and throw all historic districts in because they are all the same the way they are administered, Hyde Park, Tampa Heights, Seminole Heights, Ybor historic district.
One of the issues that came up in the processes regard Bayshore and the fences.
When the boards, the commissions make a decision whether it's architectural commission or Barrio Latino commission, it's based upon the ordinance creating the commission, the design guidelines, secretary of interior standards if appropriate, and then technical information is available to the board members.
And they are all kind of a screening process.
They are pretty much in concert with one another.
But these documents do get to be specific sometimes on the issue of fences.
The Hyde Park design guidelines on page 11 states, fences or walls along the primary is a sod shall fall behind the primary set back line.
That's the language in the design guidelines. The design guidelines have been adopted by ordinance.
So as administrative no option but to follow those design guidelines.
And we recommend to our commission that they follow the design guidelines that. Provides consistency through the whole process.
So any changes to the design guidelines would have to occur through a process beginning with the Historic Preservation Commission going through the public hearing process, taking it to the Planning Commission, and the ordinance does specify how design guidelines are adopted.
Regarding the concerns -- and I've heard this, really this was no new information.
I'm very serious about the administration of historic preservation program.
Too weak, too strong.
I've heard that in many different ways.
In a way, I don't want to be flippant about it but I think it's kind of an indication that the process is working.
Normally, the too weak comes from the citizen groups that are living in the historic districts as they embrace the whole process, and would like a very, very highly organized, very preserved -- and we really are doing rehabilitation, in our buildings, and in many instances want to go beyond what the ordinances provide for, and of course we can't do that.
The development community -- and I'm not saying it doesn't exactly fall along these lines.
But I'll kind of explain it greater.
There's a lot of -- from the development community that want to get in and out, they would prefer -- and of course if you compare with the rest of the city, we have a set of standards that the rest of the city doesn't have.
So there are two camps in just about every issue that we have.
But one of the things -- and we have three public hearings a month with the two boards.
A.R.C. has two.
Barrio Latino commission has one.
And just before every public hearing I will make a mention to a member of my staff, no matter how hard we try, we don't have everyone happy.
But then I will tell the staff, development is not happy, community is not happy, we must be doing our job right because we are going down the middle of the road.
And I am not being flippant with that.
It's just we are going down the middle of the road.
And some of the issues we are dealing with, that we have to maybe look at in a workshop process, is -- and this is kind of a too strong/too weak situation -- noncontributing structures that were built during the historic community's period of significance.
We have a number of structures designated as noncontributing but historic buildings.
They have been altered.
The designation of historic structure now is probably more refined than it was during the 80s when a lot of our inventories were done.
For example, in Hyde Park we have six noncontributing structures that -- and I have to go with the adopted ordinance.
The designation contributing and noncontributing is based on a map that has been adopted by City Council.
I don't make that decision.
We have six structures that are listed as noncontributing.
But the majority -- and these are in Hyde Park but we have the same situation in Ybor City and also in Seminole Heights -- with the majority of the neighbors and communities feel they should be designated as contributing.
Two of them have already been demolished.
Three of them are going to be demolished.
I have no jurisdiction, and neither does the A.R.C., to change that designation.
That again is the whole process.
And then of course I have had homeowners, or the neighborhood association say that the A.R.C. is too lenient on the developers.
Again, I don't know where that comes from.
I like to think that everyone is treated equally.
Another situation we deal with is the zoning.
We have situations where there were houses built as single family, that the zoning is multifamily. This is where the land use permits apartments or multiple dwelling units where originally a house was.
When the A.R.C. reviews it, we have the ability to review what the appearance is and the scale and the mass and the materials, but we can't change the use.
If the underlying use is a commercial use and there was a house before that, we have to review it for commercial use meeting the design standards.
Again that's an issue that the City Council would have to change the zoning and land use.
Did you want to the say something?
>>LINDA SAUL-SENA: It seems to me that some of the concerns we have will be addressed when chapter 27 finally makes its way out of legal where it's been for three and a half years.
And I see Mr. Smith in the audience, and I see many of our attorneys who have worked on -- I mean, this predates -- this has been going on forever.
And it seems to me that there are kind of several issues here.
One is when do we get 27 improved?
And then this other is a workshop on specific design guidelines.
And I for one, after you're through, Mr. Acosta, would love to hear from legal when are we going to get 27?
>>> I will let legal address that.
I know the revisions to historic preservation are just about complete.
Cate O'Dowd and I are working on that and we hope to have revisions in one or two months and then the design guidelines always need to be reviewed.
One of the things -- and I'm very serious about my role with the city.
I feel like I'm the steward of historic properties.
I'm always open to suggestions from counsel or anyone in the community to make the program better.
I do think that we can be proud of it, having very respectable historic preservation program in the city.
I do want to say that.
And I have heard the too strong, too weak.
One of the things I hear on a regular basis is the A.R.C. and Barrio Latino is consistent on its decisions.
I hear that all the time.
I have had developers that have gone through the process.
Developers, homeowners, just general community in saying now that I have been through the process, I understand it, it's made my project better, and then repeatedly is a consistent process.
One of the things we consider about our historic districts, the property values are up in these districts, and all of them at one time were forgotten neighborhoods.
That's been verified by appraisal reports.
The demand in the historic district is extremely high.
And we are redeveloping neighborhoods that really could have been forgotten.
And some of the most desirable residential and commercial areas in Hillsborough County are in our historic districts.
Thank you.
>>JOHN DINGFELDER: Thank you, Mr. Acosta, for giving us that report.
I think the intent of my motion originally was for us to schedule a workshop, to do a good job of publicizing that workshop to mainly the historic constituency, and to give everybody an opportunity as opposed to people talking, rumors, people feeding information to you and other people, and everybody else, for the community to stand in front of us and say, we think this is a great program, we think this is a horrible program, we think this program needs tweaking, whatever folks want to say specifically about the program.
I believe -- I strongly believe that something is not broken we shouldn't fix it, but at the same time, you know, I think everything can be improved.
And I think you said that a minute ago, that you are always amenable to new ideas.
So I firmly believe that we should schedule a workshop, one of our afternoon workshops, and make sure it's well publicized, if nobody shows up been I guess everything is perfect and we continue to move on.
But I would like to sort of air it out a little bit.
And we don't have the opportunity to attend all the A.R.C. or BLC meetings, et cetera, et cetera.
But at the end of the day it's our responsibility, you know.
And I think we need to make sure that it's working the way it needs to be.
So that's where I'm coming from.
And I'd like to, with that, make a motion that we schedule perhaps a two-hour workshop.
Go ahead, Del.
>>DEL ACOSTA: I was going to say, I agree with everything you said.
If we could schedule that workshop in May.
>>GWEN MILLER: It would have to be in June.
>>DEL ACOSTA: That's even better.
>>JOHN DINGFELDER: I'm not in any big hurry. The issues will be around a long time.
>>DEL ACOSTA: It difficult to have workshops with you and I appreciate it.
>>GWEN MILLER: We can do it in June.
>>JOHN DINGFELDER: I'll move that.
>>MARY ALVAREZ: Second.
>>JOHN DINGFELDER: Workshop day?
>>GWEN MILLER: Yes.
First Thursday in June.
>>JOHN DINGFELDER: And Mr. Acosta, if you could work with whoever in our publicity department, and get the word out with your constituency and the city as a whole, maybe take CTTV, et cetera, we would really like it to be well attended.
>>GWEN MILLER: We have a motion and second on the floor.
(Motion carried).
>>LINDA SAUL-SENA: I had a pleasure of going on a tour with Mr. Acosta and many members of their various boards and the public of our different historic districts.
It was attended also by Bonnie Wise and Cindy Miller who now sit on the revolving loan fund for making loans in historic districts.
It was so exciting to see the reinvestment and the excellent job being done in our historic districts.
The stewardship coming am from your office and working with the property owners in the private sector, in terms of taking these forgotten neighborhoods and making them into wonderfully redeveloped jewels, while maintaining the historic character.
And it's really tremendously encouraging, and gave me a great sense of accomplishment of what the City of Tampa is doing in terms of historic preservation.
You and your staff are to be commended.
I think these workshops will increase the lively conversation.
And I invite my colleagues on council to drive up and down Bayshore and look at the retaining walls.
After that hearing a few weeks ago, I drove up and down and really looked.
And you can really see the difference between retaining walls and fences.
I just had to throw that in.
Thank you.
>>GWEN MILLER: Thank you, Mr. Acosta.
>>DEL ACOSTA: It's really a privilege to have the position I have with the City of Tampa.
Thank you.
>>GWEN MILLER: Mr. Thom Snelling.
>>ROSE FERLITA: As he's coming up, I did the same thing as you, Mrs. Saul-Sena.
>>THOM SNELLING: Land Development Coordination.
I'm here on item 21, which is to give you a briefing on the scope of services and the time frame for some of the changes in chapter 27.
Really specifically the scope of services, it's really a two- or three-tiered approach we are taking.
There are some projects under way that are simply going to be on hold because I am down to about 50% of my staff at this time.
You said goodbye earlier to Pete Cowell.
You also know I have lost Angela Hurley.
Yesterday I was informed of one of my planning research analysts accepted a job at construction service center.
So I am down three people that used to do a great deal of the work.
The Kennedy Boulevard district, until those vacancies are filled, that's going to be just off to the side.
We have made some progress in that.
We have had some of the workshops.
We have had a number of input from both the neighbors and the business community and we are incorporating those changes.
But to really actively work that particular code change, I simply don't have the power to do that.
Cathy is going to be working on some other projects, specifically the joint land use study.
She's going full go on that.
I had to transfer that to her.
That next policy committee meeting is scheduled for May 3rd so that is going forward and we are getting a lot of effort on that.
That's going forward pretty well.
The other projects that are going forward that are pretty far down the line is some of the revisions to the west Tampa overlay, and the revisions to the East Tampa overlay district.
Those two projects are continuing to move forward.
They are moving a little slower than we had hoped but those are the ones where we have channeled our priorities to those areas, because they have a very good start, and they have schedules and meetings have been taking place on that as well.
There are some minor clean-up type changes in chapter 27 that we have those about 80% written in ordinance form.
And while we hope -- and that includes the visitor parking issue that we had talked about.
That's a relatively noncontroversial type issue, and ANSI standards, throughout the entire code.
Some additional streetscape standards for downtown, increasing residential parking requirement.
And there's about 15 or 16 other just small code amendments.
Those are about written and those are going to go forward.
Hopefully we will have something to didn't to the neighborhood groups and the planning or the business community, sometime in the middle of April so we can get back with them if they decide they want to have a meeting with us at T.H.A.N. or some of these other business communities in May, and hopefully those particular changes go to the Planning Commission in June and back in front of City Council in June and July and have that go forward there.
The second portion of some of the changes, the 27, the ones that typically are going to be a little more arm wrestling involved in that, a little more controversial along with the overall comprehensive change to chapter 27 that we have talked about for quite some time where you are taking a lot of the changes that apply city-wide, and right now they find themselves in one district or another, making those things that make sense in those areas apply city-wide, such as some of the parking ratio, some of the stormwater issues, you know, set back averaging, dimensional averaging, things like that, having those applied city-wide with that comprehensive change.
That effort will get under way full go once my vacancies are filled again and hopefully that will be a very short period of time.
>>JOHN DINGFELDER: Thom, that's a little vague still.
>>GWEN MILLER: Mrs. Alvarez had a question.
>>MARY ALVAREZ: I'm glad you brought up the west Tampa overlay, because I have been getting some complaints about especially homes that are being built in there without them going to the west Tampa review committee.
Can you give me some --
>>THOM SNELLING: Well, the review -- the role of the west Tampa CDC, Community Development Corporation, is that whenever there is a rezoning or public hearing, a copy of that site plan is sent to them for their input and review.
If there is no public hearing required, if there's no rezoning, no variance, no special use taking place on the property, that's just pulling permits, and those particular projects do not go to anybody except the regular review of the city staff.
Those do not go to the neighborhood.
The ordinance never specified that the ordinance specified that the public hearing portions rezonings and variances.
>>MARY ALVAREZ: But we are going to have to revisit that part of it because we understand there's some buildings in there that are being built in there that don't comply, they don't even look like they should be in the historic district.
And we need to address that.
We are just getting -- I'm getting too many calls on that.
>>THOM SNELLING: Teresa Myer and myself met in some of the areas where some of these houses were as recently as yesterday.
And we went through, and we just looked at the process, and the code has the specific requirements for 18 inches, finished floor, and the slope of the roof and the garages and things like that.
Other things that are slipping through the process.
And we talked about how to make sure that those things get greater attention in terms of when they are looked at, who looks at it and how they get permitted.
So, you know, we believe we have started some things in place already with requiring different kinds of submittal requirements.
Because requirements when they submit it weren't as clear as they could be.
There's other things that sometimes in the computer we have tried to identify all of the areas in the various overlays with a moniker that flags it as being part of the overlay.
That's about 90% accurate.
Sometimes when a lot is split the parent tract holds the little identifier that it's in the zone but the newly created folio number does not take all that information with it.
So for our part we are going to go through and revisit that and make sure those items are accurately identified as well.
So there's little pieces all along that everybody's division can do a little better at.
And we had a serious talk about this.
We talked about it in our staff meetings with Teresa, and there's things that we are going to do to make that a lot better, actually.
>>SHAWN HARRISON: Mr. Snelling, your vacancies that you have, is that accounting for some of the problems we have heard about, the length of time it takes to get a site plan approved?
>>THOM SNELLING: One of my vacancies will help that site plan review go faster because it's done within the division and they just took one of my people to do that.
>> Which division does that?
>>> Construction Services Center.
They do the commercial site plan review and they have vacancies that they have just now filled.
So good for them, bad for me.
>>ROSE FERLITA: Thom, are you through with your presentation?
>>> Yes, I'm just answering questions.
>> I have some comments, really not questions.
And I think this is a great time to bring it up because of the mouthful of projects that you just told me that you're involved in and as I look over your left shoulder Bonnie Wise is right behind you.
And Bonnie, I'm kind of commenting about this, but sort of directing it to you more than to Mr. Snelling.
In the six years that I have been here, this gentleman -- and this is not giving Tom a commendation here because I don't think that was on the program.
>>> I'm not leaving.
>> I know that.
You're telling me you're not leaving!
(Laughter).
What I'm trying to say is that every year when we come up on budget time you have been legitimately very noble in what you have asked for.
I think that we need to look at this as the cycle comes again, Ms. Wise.
And you just heard all the things involved in, you heard the Kennedy project, you heard Mrs. Alvarez saying I'm getting too many calls.
Well, I think it's fair to say none of us sit around looking for projects for Thom Snelling.
But it seems that at least maybe four out of six of the conversations I have, I have to stop and say, okay, that's in Mr. Snelling's department, let's get in touch with him, and he always accommodates them, by return calls, by meetings, by whatever they need to do.
So as we get inundated more with projects that ultimately end up at his doorstep, we need to look at this issue, because not only is he losing staff, and he's going to wait to get them replaced, it's not always the case.
It's least the case when you put out an ad to hire somebody hired in the place you're losing they are probably not going to come with as much experience.
So the vacancy may be filled but the capability of that employee may not be as great as the one that just left with 18 years experience, et cetera, et cetera.
I don't know, but I know between all the things you're talking about, all the things that we are getting, we need your help more and more, he's going to be helpful in some of the policies we recommend to council on my sign committee.
I mean, there are so many things that Thom Snelling's department is doing and I think it choking him and Kathleen and everybody else.
I don't know what we can do between now and budget time but I want to bring that up to everyone, because you need more help because we need more help and we go to you for that help.
>>THOM SNELLING: Actually, councilwoman, and Ms. Wise has been very instrumental in helping, you know, Cathy and myself put together a bit of a reorganizational program.
It made a lot of sense.
We have identified with some of the funds that council had increased six months ago.
It showed where those funds are, where they come and how the positions get justified.
We present add very good presentation to both the budget and the personnel, and they agreed.
They looked at it.
They were asked to process 263s for additional positions, not just the vacancies.
So that is actually taking place.
It is happening.
It is going through the motion.
But at the end of the day, development coordination is going to be a little differently organized.
There's going to be a few more positions.
So in reality, yes, they are, Ms. Wise has been very helpful with trying to show where the money is and how it's going to be spent and how to translate that into actual work people hours and then new staff.
>> And let me add to that, because way said was not -- Ms. Wise has been here a couple of years now, and as we first get to know each other we really don't know how intense each person is.
I had a meeting this morning with another department head that sang her praises too about being very supportive.
I know that she is.
I have gotten -- and I feel like I can say this, got tone know Ms. Wise's style better. If she sees something that has practical explanation and a benefit to the whole gamut of city government, she has been very, very effectively cooperative.
But it was just a wonderful time to just reinforce that.
And by her facial expression I know we are not disagreeing.
We are agreeing.
And I thank you for what you are doing, Bonnie, because I have gotten to know you better.
And I know that we keep shoving more work towards you.
So she's supportive.
But we need to reiterate some of those things sometimes.
And this comes in terms of a thank you.
That's all I was trying to say.
>>LINDA SAUL-SENA: As one of the people who are constantly coming up with new projects, I really hear what you're saying.
And I wanted to suggest several things.
First of all, I hope that personnel is listening, and when you finally identify people who might be appropriate that they move the process along more quickly, and secondly that we consider hiring consultants.
I think there's nothing illegitimate about hiring consultants to deal with some of the issues that are front burner in front of us.
>>> And part of what we are doing with the program is hiring consultants.
>> And lastly, I want to say one of the reasons that council is so sensitive to this is because two weeks ago we spent between 5:30 in the late afternoon and 2:00 in the morning on zonings, and we see the complexity and specificity of zonings getting more and more demanding on the staff, as well as all of us in the process.
You need additional staff to deal with all that.
And I really appreciate how hard you all work.
It's tremendously hard.
And now you have even lost a few more people.
So I just hope you can get the resources you need as quickly as possible so you can maintain the, I think, very high level that we are processing, approvals and considerations that we're in.
And I hate, as you know, I hate to see Kennedy Boulevard put to the side.
But I completely understand.
You only have so many staff.
You know, council will be completely supportive of filling the needs that you have.
>>JOHN DINGFELDER: Thom, from what I can see -- and I'm sure there's a lot that I can't see -- but from what I can see, your department, you process the petitions and the application that is come in by hundreds, but also you work on these special projects.
And I'm sure you do many other things as well.
And I think what happens is that the permits and the applications have to keep on going.
So when staff gets reduced, that's sort of your core mission.
But then the special projects obviously get put aside or delayed or whatever, when you run short of staff.
And I think that's another very, very significant reason for the administration to take a closer look at the needs of your department.
I'm going to ask my intern back here, Sarah, when we look at police staffing, when we look at fire staffing, I think we often compare our city to other cities in terms of how many policemen, or policewomen we have, compared to our population.
And the same thing with staff and fire departments, you know, our fire trucks and we look at national standards and all.
I'm going to ask Sarah if she can look at some other comparable cities in the growing cities, like Orlando, Miami, Jacksonville, maybe elsewhere in the south, and see how their departments staff up compared to yours, because I have a feeling that what we might find is that they are much more heavily staffed per population than we are.
>>THOM SNELLING: Part of the study that Cathy did, she did look at Hillsborough County and a couple of other places and that is the case actually.
>> Have we seen that study?
>>> That was just a report we did in-house, a presentation in-house.
>> I don't need to reinvent the wheel but just share that study with us.
>>> Okay.
One of the fundamental ideas behind that reorganization is to create a part that focuses on handling a lot of the special projects, the code changes, the overlay districts, the expansion of -- the JADR study and on and on.
And then the customer service aspect where you're field ago lot of the phone calls, some of the stuff that we already talked about, and a lot of the information that's coming in to allow the planners to do that.
And then the application process inside.
So we are making that basic split in our division to handle customer service, and basic petitions, as well as the short-term and long-term planning projects that the administration has as well as council.
And you would be surprised how many of those projects that council and administration have are just absolutely like hand in glove kind of situations there.
They are really very little difference between them.
>>JOHN DINGFELDER: Another thing real quick, is I also have a sense that sometimes we lose really good people, perhaps like Angela, because we overwork them.
So it's sort of a chicken and egg thing.
You don't have enough people.
They end up getting overworked.
And then we lose good people.
So again, I think that's something the administration needs to take into consideration.
>>MARY ALVAREZ: Mr. Snelling, just a question.
Urban planners, it's a specialized field, isn't it?
>>> Yes, ma'am.
>> So is it fair to say that the colleges and the universities are not putting out enough of these planners?
How do you go about getting these type of staff?
>>> Well, personnel runs ads at universities, and in the newspaper, and in planning magazines and things like that.
The profession comes -- one of my planners has a law degree.
Her background is law and she -- you know Susan Johnson, she works in DRIs and subdivisions which is a very complex that we deal with all the time.
A lot of planners come from geography backgrounds or political science backgrounds and then specialize two years getting a masters as their planning field.
But I think there's plenty of planners there.
It's just a matter of going through the process and getting the money in place.
I think there's a lot of qualified people that did K do the work.
>> Are the salaries commensurate with their opportunity?
>>> I think so.
Well, if you ask me.
I think our salaries are competitive, yes.
>> Competitive?
>>> Because I think -- and I'm getting way out of my field.
I think if you look at the whole package, B the overall benefits of working with the city in terms of the time and the insurances, and a lot of ways this is a really pretty, fun job, too.
No, it is.
>> Ask Cathy.
>>> She likes it.
(Laughter).
>> I want to hear it from her.
(Laughter).
>>> I think the city is very competitive.
And there's going to be times where someone is going to say, I will give you a lot more money.
And ask Kevin back there. He worked for us.
He had a very good financial opportunity, no question about that.
But I think the city salarywise and benefitwise is very competitive.
>>GWEN MILLER: Thank you, Mr. Snelling.
We understand what you're going through.
And council understands.
So you are not going to have any problems with council.
Thank you.
>>MARY ALVAREZ: We love you, Thom.
>>> I know.
The other thing was item number 22.
>>JOHN DINGFELDER: We wanted to defer that.
>> Gloria and I haven't had a chance to go out because we had the wrong address.
>>JOHN DINGFELDER: Move to continue for three weeks.
>> Second.
(Motion carried).
>>GWEN MILLER: Ms. Bonnie Wise.
Wise ways good morning again.
I did already cover item 39 that I signed up for.
And if I could quickly do item number 36.
This is a water and sewer refunding that we have before you today.
This is refunding of a series 1995 bond issue and we are strictly doing this refunding for debt service savings.
I want to let you know that the bonds mature currently October 1 of 2017.
That will continue to be the maturity date of the new bonds.
We are not extending the debt in any way.
So it's really just in order to get the savings.
The interest rate market has been very volatile lately.
So I want you to know that we have our documents prepared.
And if the market is such that we can obtain the $1.7 million in the present value savings that we will move forward.
And we will do that when we can.
So we are going to continue to monitor the market and go from there.
And Jerry Ford is in the audience today.
He's item 35.
And he will serve as financial advisor on our behalf.
Just wanted to answer any questions on that.
Separately I'm here, council asked me to give an update on the museum transaction last week when I was here.
So if I could give you a brief update in that regard.
And David Smith is here, too, to add a few items.
Since I was here last week, a lot has happened.
We have had conference calls, working group meetings, phone conference calls, we have received numerous bond documents, and new drafts of the bond indenture, construction agreement, reimbursement agreement, form of operating and guarantees, and we have received a plan for the $3 million operating reserve.
When I was here last week I mentioned that there are a few things, major things that were outstanding.
Last week I said that there was a gap in the financing of approximately $3.2 million.
Our understanding is that that gap has been closed.
I think you have been copied on numerous correspondence in that regard.
Last week I mentioned that none of the guarantees had been signed.
To my knowledge they still haven't been signed.
But I know that the museum staff and the board members are working diligently to get that written proof that that information is taking place.
Last week I mentioned that I didn't have debt service schedules, amortization schedules.
Last night about 5:30 I did receive some new numbers.
And last week I mentioned that they were still developing a plan for the operating reserve.
I did receive something for that on Tuesday.
So having said that, there has been a big difference from last week when I was here, to today.
Having said that, there's a lot still to be done.
David and I are doing whatever we can, doing the appropriate due diligence for you, for the city, for the taxpayer, to make sure that everything is in place.
For example, you know that the gap has been closed.
We just want to see evidence that it has been closed.
We want to be assured that the money is going to be there in a timely fashion.
Will it be there to pay the debt service?
Will it be there to pay the operating expenses?
Because we are getting all these bond documents and we are getting literally hundreds of pages of documents a day, we do need to confirm that the deal as we have discussed is consistent with the document that is we're getting, and we want to make sure that the operating assurances, the 9 million that's over time, that those are going to be signed, and delivered and that we can feel comfortable with that.
David is going to speak to that a little bit.
There are other covenants that are in the documents.
For example, one is that the museum has to raise $25 million in the next three years.
Need to understand what that means if they don't, what type of default provisions occurs.
These are all very technical aspects of the transaction, just some of which that David and I are reviewing.
The on the item that's material is that J.P. Morgan doing the bond financing said they would only do up to $30 million of the transaction. The deal is closer to 40 million.
So they are having another financial institution who is supposed to pick up the balance.
I don't know if that's been secured yet, too.
So all these things are developing.
The plan is that there is a meeting today of at three in the mayor's office with the museum staff board and our staff.
And at that time we'll see where we are.
I think a lot is going to happen between now and 3:00.
So I can provide you hourly updates.
And David and I are just doing the best we can to get through the multitude of documents.
If we are able to give you, the mayor, the taxpayers our assurances and the plan would be that the mayor would present to you on the 31st.
She was planning to present to you the first time at the public hearing, but that of course got delayed.
So that is our schedule at this time.
And if I could -- and David does have a few items that he wanted to add regarding some of the outstanding legal issues.
>>GWEN MILLER: Before we go to Mr. Smith we have some questions.
Mr. Dingfelder.
>>JOHN DINGFELDER: I'll wait till after Mr. Smith.
>>LINDA SAUL-SENA: I'll wait.
>>> David Smith: It's a pleasure to be here this morning.
We would be remiss not to congratulate the museum board, their staff, and their many benefactors for the efforts they have engaged in successfully to try to close the gap on the capital side.
They have done a very good job.
I have been impressed with the commitment and they are truly an asset to the community.
I would like to echo Bonnie's comments.
However, we have a long way to government we are receiving documents, a lot of document as of yesterday.
We are going through them.
I'm working with some of my revisions now.
You are going to get a document package in time for your agenda review, which is this afternoon, I think at noon.
There will probably be -- I don't want to mislead anybody -- there will be some changes that will be made after that.
We will provide you a summary of those documents.
We do not have that summary done, because we are still in the process of digesting the documents.
But we will get you those summaries within the next day or so, so you can have a nice Easter weekend on these documents.
I also want to tell you that it is complicated.
And we are available to talk with unit by phone or in person or whatever you need, to walk you through this pro sees and help you understand.
The package you are going to get is huge.
It going to be about a foot high.
And I know you are not going to read every sentence.
I don't expect you to.
So you should rely on us to help you understand the significance in those documents.
So do not hesitate to call.
One thing I wanted to indicate to you is that I don't want you to misunderstand where we are.
The museum has done a great job in closing the gap completely on the capital side.
We have operating expense issues that we are still addressing.
One of the things I wanted to tell you about today is the city's position on this has been that we need an unconditional commitment letter from lenders to fund what we're calling the outyear gap, which is the $9 million of potential operating shortfalls.
We have had a very enthusiastic response from the museum's benefactors, people who have stepped up and committed to meet that obligation.
We do not yet have that documented, however.
The commitment letter which I received yesterday afternoon needs to be altered.
I sent my changes to council this morning around 8:30.
It needs to be unconditional and I explained why.
It is negotiated.
I have moo reason to doubt we will get there, but we are not there yet.
So that, and any other documents that we have yet to finalize is where we are.
Today as you go through your agenda package, you don't have to vote for it till a week, but I realize there's a lot to be done in a week.
And we are all here to help you out.
Sal is helping on the bond side and Morris is helping on some of the other sides.
So we have got, I think, the commitment needed to get it done.
And we want to make sure any and all of your questions are answered.
Thank you very much.
>>GWEN MILLER: Mr. Dingfelder, Ms. Saul-Sena, Ms. Ferlita.
>>JOHN DINGFELDER: Thank you, Mr. Smith and Ms. Wise for all of your hard work, and to the museum folks who are in the audience, we thank you for all of your hard work and your efforts.
I'm going to ask sort of a rhetorical question to start with.
It appears by observation that you guys have spent hundreds, you and your staff spent hundreds of hours on this project so far.
Is that fair enough?
>>BONNIE WISE: Yes, sir.
>>JOHN DINGFELDER: And the city has spent about $7 million to get us to where we are today in terms of the paying for the architect and the engineering plans that went with that.
Is that correct?
>>> Yes.
>> Is N light of our investment in money and in time -- and I know that the mayor and the administration has been very tough, and appropriately so, throughout this entire process, to protect the taxpayer, and we all appreciate that, and we agree with that.
I also know that the administration has set a deadline of today to get all the paperwork in, and that's in part for our benefit to make sure we have the paperwork that we need.
But I will point out the fact that it's been my experience in two years on council that I don't get paperwork and documents from the administration until Monday before the Thursday meeting.
I get it three days in advance.
I don't complain about that.
Three days in advance is typically enough time.
In light of the fact it sounds like there's some more documents and some more work to do that might not be able to be done by 3:00 today, I'm just going to hope and suggest that the administration gives this process -- not give the museum, but gives the process until Monday to complete.
And I'm not trying to ruin your weekend.
But just because of the investment that this city already has in this project, we have $7 million in this project, we have got hundreds of hours of staff time into it, and I think if the mayor and the administration can give this project another three or four days until Monday to round up all the documents, and everybody is satisfied and the public is protected, I it serves everybody, and that would be -- it's not a motion, it's just a friendly suggestion.
And I think it's appropriate.
>>LINDA SAUL-SENA: Thank you.
I would agree with everything that Mr. Dingfelder just said.
Never before in the history of Tampa has the community raised this sort of money for this sort of cultural project.
Never before has the city put this sort of resources into a cultural project.
What I'm concerned about is the momentum we have.
It's wonderful momentum.
We have a design.
We have a building.
We have raised -- the museum board is to be congratulated in the last week for raising an additional $3.1 million.
We are so, so close.
The sweet finish line is within sight.
And I'm so hoping that we are able to reach there.
We are within a week.
The additional -- based on the amount of work that was accomplished this past week, within seven days, of additional funds being raised, additional agreements being signed, I'm really confident that by next Thursday we will be able to accomplish it.
And I just wanted, Madam Chairman, if I could, I see several members of the museum board.
Then we'll here from the museum board?
>>GWEN MILLER: Yes.
>>ROSE FERLITA: I want to reiterate what a lot of my colleagues said here.
This has cause sod intense time for you and your staff.
And you have been very diligent.
And Mr. Smith, you're right, there has been a great deal of passion from some of the museum supporters behind you.
And I didn't really want to bring this up but it seems like because of the theme of the quest here, let me re-say something, because sometimes when somebody interprets what I'm saying instead of what I am saying to you, there may be different versions of how that goes.
One of my colleagues talked about the importance and the essence of getting this in an organized fashion and giving us enough time to do even a portion of the due diligence job that you guys are doing.
And so just for clarification, I hope you understand -- and I think you understand from the standpoint of the response that I got from you and the staff, Bonnie -- that when I requested some of those same courtesies under public record request that I did get them.
And obviously it was not confrontational, accusation, it was just simply my style of saying, gosh, I need many of those voluminous documents that you referred to, David.
And I have had many of those or all of those, and have had an opportunity to review them.
So again as we go forward into the next two years, during this project and after this project, I want you to understand that sometimes I do that because I feel that that gets to me in an organized fashion.
I think the bottom line is the same, the style is the same, and I just wanted to publicly thank you for the way you accepted my request.
Nothing intentionally confrontational.
It was just at least that helps me keep up to snuff.
Of course it changes every 20 minutes so I don't know how kept up I am.
But I just wanted to thank you for extending that courtesy back to me and giving to the me in a timely fashion.
Thanks.
>>GWEN MILLER: We are going to hear from the chairman of the museum board.
Would you please come up, Mrs. Culbreath?
>>BONNIE WISE: You pay me to make sure the money is really going to be there.
So we are wanting to make sure that everything that we have that we have heard is in a written form.
And we don't have that yet.
But I know that's what they are working on.
Just want to make that clarification.
>>> Good morning.
Corbett, chairman of the board, Tampa museum of art.
I am just here today to say thank you to Bonnie and David, who have been working overtime with us to get this project done.
And we have come a long way.
We have done a lot in the last week.
This is a very, very complicated process.
We have an operating and lease agreement.
We have a construction and finance agreement.
All those things have to be tied into the bond issue, and what the city is asking us to be obligated for, and this has to go into the bond issue.
So the bonds are tied to all of these different documents.
And they are tied to the documents that relate to the funding by the individuals, how are they signed off on?
There's three different kinds of commitments by individuals.
They all have to be individually processed, not only by J.P. Morgan chase, but by our local banks that are presenting the letters of credit, and how does that tie in back with these operating and lease agreements and so on.
So everything has to weave and work together.
And J.P. Morgan chase has said they have never seen anything like it.
As complicated as it is.
So that's kind of where we are.
I have to say that I am a complete neophyte in this whole area.
And so we have been relying on a lot of outside people to come in and help us to work through all of this.
And working with J.P. Morgan chase who has the construction people in Chicago, and then Dallas, and their investment people in Miami and New York, and we are dealing with the credit department.
In Baton Rouge, Louisiana.
So it's been really, really difficult for all of us, and especially museum staff, who have no background in bonds or this kind of thing either.
So again we have been having to pull in experts and try to move everything forward.
And I have to say that we would not be where we are today if it had not been for the continual levelness and level-headedness and just constant -- just diligence of our director Emily cass.
She's dealt can with this side of it and dealt with that side of it.
I think she's responded to both David and Bonnie appropriately, and in a timely manner whenever she could.
And I just think -- I am just thrilled with the board and with the museum staff, and how far we have come.
And I just got on board as the chairman in October.
And I didn't have a clue what I was getting into.
(Laughter).
But I certainly do hope you will support us.
We will try to get everything done by 3:00 this afternoon.
But I hope that we will have a little leeway.
Councilman Dingfelder, thank you for making that possible suggestion that Monday.
I don't know how the administration will feel about that, but hopefully that will work if we just have one or two left to go.
I just thank you for letting me be here and speak on behalf of the museum.
>>MARY ALVAREZ: I don't have a question for you, but I want to thank you for your diligence and just being there for all of them.
I'm sorry that you started in October.
You should have started two years ago.
But be that as it may, I have to congratulate you and your staff and your museum directors for working so hard for this project.
And I know it will come to fruition.
It just has to, because there's just too many things.
All the stars are aligned so this is what we want to do.
And I thank you personally for that.
But I have a question for either Ms. Wise or Mr. Smith.
Thank you again very much.
>>> Thank you.
And it's going to be great for the city, what it will bring to the city will be magnificent.
>>MARY ALVAREZ: Thank you.
David, you mentioned something about -- or Mr. Dingfelder said something about Monday, giving more leeway till Monday.
I'm wondering, if you get all your documents, that maybe we should call a special discussion meeting for maybe Tuesday, since we have such a voluminous amount of documents to go, where we could have just a little --
>>ROSE FERLITA: Do we have another meeting on Tuesday already?
>>MARY ALVAREZ: No.
Where you can help us disseminate all these documents.
You know, we are lay people here, too.
We don't know anything about all this stuff.
So that way Tuesday we know where we are.
It will be just us.
I'm sure it will be specially noticed and everything.
But I need your assurance.
I need your expertise, you and Bonnie, to talk to us about all these things that are going to come up for us on Thursday.
So if we can maybe just set aside an hour, hour and a half, maybe it won't even take that long, but for you all to give us what your feelings are and what you have done by Tuesday, say in the afternoon take an hour or so and give us --
>>LINDA SAUL-SENA: I second that.
>>MARY ALVAREZ: I would like to make that in the form of a motion.
>>GWEN MILLER: Motion and second.
>>SHAWN HARRISON: I think we have got a huge notice issue.
>>LINDA SAUL-SENA: No.
Announce it here.
>>JOHN DINGFELDER: It's not moving on the Thursday issue.
It's just a continuation of this discussion.
It's just like we are having this discussion today.
We could have continuing discussion on Tuesday.
An update.
>>MARY ALVAREZ: It's an update.
We want to give everybody a chance.
>>GWEN MILLER: Let's hear Mr. Massey.
>>ROSE FERLITA: I want to apologize.
It what it is 26th for Tampa General.
It was next month.
I just didn't want a conflict.
Thank you.
>>MARTIN SHELBY: As long as reviewed as a special discussion meeting with no official action --
>>MARY ALVAREZ: Nothing.
>> There's members of the press.
It's being televised live.
It's posted on council doors.
I see no problem with a notice issue.
>>MARY ALVAREZ: and I did say that we'll have a better understanding of what we are going to vote on on Thursday.
You know, if it comes to that.
And that's what I want.
>>DAVID SMITH: As long as we also post it on the Internet.
We'll post with all the sunshine notices and with that limitation we are fine.
We are happy to do whatever you need in terms of providing information.
It is a contracted time frame.
It is a complicated deal.
So whatever you need to get your information is fine.
>>MARY ALVAREZ: 2:00 in the afternoon?
Is that fine?
>>LINDA SAUL-SENA: I was going to say that I see it will actually help our conversation on Thursday because we'll have additional time to ask more questions.
And we will have had a chance to look through the documents.
And if there are any late breaking documents you will be able to share them at that time.
As a member of council who was around, as several members were, when we first voted on spending TIF money to go ahead with building a new art museum, we have all had this vision for many, many years.
We have put in hundreds of hours.
You all have.
Council members have, also.
And the public certainly has.
And I see many past museum board presidents in the audience.
They had this vision for decades.
So I think an additional several hours of conversation to increase council members ' understanding of what's coming before us next Thursday would be all to the good.
>>DAVID SMITH: It certainly is a complicated action and huge commitment by the council and city and you should have absolutely all the information you can and all your questions answers.
>>ROSE FERLITA: I kind of would like to see how many colleagues would be able to attend.
I don't mind closing my store an hour early like at 5:00 but to close at 2:00 it's going to be difficult.
>>MARY ALVAREZ: Whatever time.
>>GWEN MILLER: What time would be good for you?
>>ROSE FERLITA: Six would be best but I'll take five.
I mean, 5:00.
I can close early but I can't close in the middle of the day.
And certainly you can't arrange your schedule around me but I will tell you it's not because of lack of interest, it's because of lack of business, if I close at 2:00.
>>JOHN DINGFELDER: 5:00?
>>ROSE FERLITA: That would be great for me.
>>MARY ALVAREZ: I think that will give you more time in case you need it.
But I think we as a body need to understand it, too.
And by giving us bits and pieces here and there, it's just not sinking in.
And we want to make a clear, concise vote one way or the other.
>>DAVID SMITH: We'll certainly be here at 5:00 as well.
Either way.
>>SHAWN HARRISON: What happens in the event that your meeting at 3:00 transpires today and you don't have the comfort level you need or the mayor decides I am not taking this forward to council because the deadline has not been met?
Are we going to cancel the hearing on Tuesday?
>>DAVID SMITH: You certainly would be free to do that.
If obviously -- obviously problems can arise after the meeting today at 3:00.
Guarantors could back out.
I mean, who knows?
We are really trying to help you understand this isn't done until it's done.
So I would think if events overtake you, it wouldn't make too much sense for you to spend time trying to understand the transaction isn't going to happen if that's what occurs.
>>MARY ALVAREZ: But in the meantime we still have to make a provision --
>>DAVID SMITH: Absolutely.
>>LINDA SAUL-SENA: It's my feeling with all the time we invested in this we should meet on Tuesday if nothing else but to hear where we are in the process.
I think that is valid.
I think that also provides an incentive for everybody to get -- I think the meeting on Tuesday will be very valuable.
>>GWEN MILLER: Other questions on the motion?
>>THE CLERK: I have one question.
Is that a special discussion meeting or official council meeting?
>>GWEN MILLER: No, discussion meeting.
5:00 on Tuesday.
>>MARTIN SHELBY: What that means then for clarification, that council should discuss this now, with regard to opening for public comment, I don't know whether that's appropriate at that point.
>>MARY ALVAREZ: It's just for them to give us information.
>>LINDA SAUL-SENA: But we will also have the opportunity to hear from museum board in that context?
>>MARTIN SHELBY: I think council in its discretion can ask questions of particular people.
I'm sorry.
>>SHAWN HARRISON: Well, can council take any action?
For instance, can council at that point, if the administration does not have the comfort level that they want, council doesn't have the ability at that meeting to say, we want you to go forward with this.
We think you've got enough.
So all we are going to do is just hear from each side.
There's in a possibility of us doing anything.
>>GWEN MILLER: No.
>>MARTIN SHELBY: I guess the issue is, how is it going to be presented on the agenda for next Thursday?
>>GWEN MILLER: Mr. Massey, will you come help us out?
>>MORRIS MASSEY: There are two noticed public hearings for Thursday.
One relative to the insurance for the bond.
The other is relative to the lease of city park property for construction of the museum.
Those are scheduled and noticed for those dates.
The public must be allowed to speak as to those issues on those dates.
That's when the actual decision yea or nay has to be made.
Now obviously if in the interim the transaction falls apart and there's nothing to be presented to council at those public hearings, then on Thursday there would be a provision in your agenda saying that there's nothing there.
But I don't see that precludes you all from having a special discussion meeting on Tuesday to get an update to staff where we are in the transaction.
So --
>>MARY ALVAREZ: But to ask questions.
>>MORRIS MASSEY: Yes, you can ask questions.
But the public hearing on those document and your actual decision on moving forward with this transaction must occur on Thursday.
I wanted to make that clear.
>>MARTIN SHELBY: I wanted it to be clear at the outset that it is not a public hearing, and that any discussions would be at the specific invitation and response to questions of council.
>>BONNIE WISE: If I could follow up on councilman Harrison's question.
Because we are going to have this meeting at 3:00 today and that will give us a better indication of whether or not we are moving forward.
So it probably prudent to go ahead and schedule your meeting for notice purposes.
I understand that.
But keeping in mind that the 3:00 today it could be that that ends up getting canceled.
>>MARY ALVAREZ: But you will e-mail us.
>> Show up an cancel.
>>MARTIN SHELBY: My suggestion would be that the discussion of what takes place 3:00 today be raised at that meeting on Tuesday.
>> Exactly.
>>GWEN MILLER: Will it be at this discussion?
>>MARTIN SHELBY: It's open to the public.
All council members meetings are open to the public.
They can attend.
I don't know if there's going to be discussion whether council wishes that televised.
I don't know what the normal procedure is for that.
Not usually.
>>GWEN MILLER: If it's a special discussion you say the public.
Would they speak or just --
>>MARTIN SHELBY: No, no.
>>GWEN MILLER: We need to get an understanding so when they come we have an understanding.
>>MARTIN SHELBY: It is a public hearing and open to the public and in the sunshine.
Therefore all people can watch the meeting take place.
With regard to a dialogue, with a special discussion meeting, it is not a public hearing, therefore people do not have the right to speak.
If people have a question as an individual they can ask that question and get an answer.
>>MORRIS MASSEY: I didn't mean to interrupt.
A special discussion meeting, it's specific discussion.
It is more of an informal setting for you all to get update from staff on specific issues.
That is the purpose of the special discussion.
>>JOHN DINGFELDER: I think if it's technically possible for CTTV to shoot it, I think it should be on television.
We are about to committee $30 million of public funds, $70 million project.
I think that if it's technically possible, they should be -- it should be televised.
It should be as open and in the sunshine as possible.
That's my opinion.
I don't know why it wouldn't be.
It's not going to be done in the room downstairs.
It's going to be in here and can easily be televised.
>> if what we are talking about is basically an update session, I'm okay at 5:00.
My calendar is clear on Tuesday.
So if that's what we are talking about here, and council recognizes, that's all it's possible for us to do is just to hear --
>>GWEN MILLER: So on Tuesday we'll have it.
Get it all out in the open today.
So Tuesday we go ahead and discuss what we are going to do and we don't have to clarify to anybody what's going to take place.
>>MARTIN SHELBY: Not to speak for the administration or the scheduling.
But I guess requesting the administration to see if it can be televised?
>>JOHN DINGFELDER: That would be included in the motion.
>>GWEN MILLER: Is T motion is to schedule a discussion meeting on Tuesday, a special discussion meeting on Tuesday at 5:00, and to see if it can be televised.
Is that the motion?
Okay.
We have a motion and second.
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried).
>>LINDA SAUL-SENA: Thank you everyone for your hard work.
Continue working hard.
>>GWEN MILLER: Is there anyone in the audience that would like to ask for reconsideration?
We go to our audience portion.
Anybody in the public that would like to speak on any items not to be heard for public hearing may speak for three minutes.
Okay, Mr. Knott, you may speak. >> Good morning, ladies and gentlemen.
My name is Moses Knott, Jr.
I reside at 2902 East Ellicott street.
And I thank God for his grace and his mercy.
Because right now I am about to fall over with a heart attack.
I got a pacemaker heart for the past ten years.
But I thank God for blessing me to do his will.
You know, the preacher come here this morning and prayed a prayer.
It was a perfect prayer.
The kind of prayer I pray.
He asked God to bless nobody.
He said we pray for.
But he said we pray for two things.
He said, our United States.
America.
And he said pray for the poor peoples.
We got 40% more poor peoples than they thought they had.
And nobody cared nothing but hate them.
I mean hate them.
First thing I want to speak about is this article 30.
I know I'm fought going to make everything but article 39, coming in with this plan.
Those crooks come in here and talk about the perfect job, you all, and went and did all this surveying and investigation and everything.
And I just said back then, he said perfect order, order all this stuff.
But mentioned the houses.
And I sat there and thought about -- last time I counted there was 4,000 houses you all ripped down, poor people's houses.
You know, I got no problem tearing a house down.
I got in no problem.
But peoples got no compensation at all.
They ripped them down to the ground, burn them down, tore them down.
It just begin with me, because I feel very bad.
The actor, you know, I think I got three or four.
On this side of the podium we don't get no pay.
We are strictly for God's will.
But I want to say, though, this article 21, Mr. Thom Snelling come in here with zoning.
And you all sit there and ask that man why all these people are quitting and he can't find nobody to work.
All the money that you all paid the people got blood on it.
When they get some -- got to clean and get money off that.
Mayor Freedman set up herself a zoning thing, all the people left, quit and left out of town, because they know it's coming down.
Mr. Thom Snelling, he talked about that zoning thing this morning.
This thing is in bad shape all over town.
You know that's my area.
My business has been changed to residential.
A man told me, Mr. Knott, don't tear the house down.
Changing all your property to residential.
That house sit over there about 3 or 4 years.
Made a terrible crime.
But I want to say, though, and this chapter 27.
(Bell sounds).
>>GWEN MILLER: Thank you.
Next.
>>> 14496-125th Avenue North, Largo.
Here is Solar Today, an article, Better Buildings By Design.
The whole building approach to building design and construct results in buildings that use a fraction of the energy of similar buildings without compromising comfort or aesthetics.
And then it says here, we shape our buildings, thereafter they shape us, Winston Churchill, September 12th, 1960.
Now, what you're going to be doing is you're going to be destroying the future of generations to come with this stupid building design.
I gave you the program from the 100th anniversary there of the 1904 World's Fair.
You can see the art museum that's now 101 years old.
This building can't be around that long.
Society won't be able to afford it.
It will be a monument to ignorance.
Here's the recent article in the paper: President's Legacy Likely to Include Massive Deficits.
This building adds to the deficit.
It is a liability.
And it says here in "artful collaboration."
This is an artful mess.
Remember, if it's not efficient, it's not beautiful.
And the very recent editorial from the Tribune saying that you need to change your design if the fund falls short.
Well, you know, why would you change the design?
This is ridiculous.
They are saying, start over with plans to build museum that is grand efficient.
They don't know what efficiency is.
And affordable.
Now, affordable is what it cost to operate it.
You can pay off the building, but you won't ever pay off the utility bill.
When you have a big utility bill, you have a big mechanical system that's made up of pumps, motors and compressors, all things that wear out that you have to replace.
Like I say, this building can't be there for 100 years.
And it is absolutely insane to build any kind of structure like a museum that can't stand for 100 years.
And, you know, I tried to show you my certificate from who's who in America.
It's because I keep bringing science and technology to public bodies like you, that continues to be ignored.
Two ancestors of mine have buildings they designed that are on the national historic register.
There isn't any chance whatsoever, anything resembling that could ever be on the National Register.
The second Dark Ages is what we have going here.
The new reception area, you have eight incandescent light bulbs.
What kind of world is this?
(Bell sounds).
And 22 compact fluorescence.
>> Thank you.
Is there anyone else that would like to speak?
Anyone else in the public like to speak?
On the agenda.
>>JOHN DINGFELDER: On the agenda but not public hearing.
>>GWEN MILLER: We go to our agenda for committee reports.
We go to public safety.
Rose Ferlita.
>>ROSE FERLITA: I would like to move item 24, please.
Resolution 24.
>> Second.
(Motion carried).
>>GWEN MILLER: Parks and recreation.
>>MARY ALVAREZ: Okay.
Move item 25.
>> Second.
(Motion carried).
>>GWEN MILLER: Public works, Mr. John Dingfelder.
>>JOHN DINGFELDER: Move items 26 through 31.
>> Second.
(Motion carried).
>>GWEN MILLER: Finance, Mr. Kevin White.
>>KEVIN WHITE: I'd like to move 32 through 41.
>> Second.
(Motion carried).
>>GWEN MILLER: Building and zoning, Mr. Shawn Harrison.
>>SHAWN HARRISON: Move items 42 through 53.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>JOHN DINGFELDER: I want to point out for anybody listening, item 52 is to set the public hearing for the Ballast Point neighborhood plan to April 14th at 10:30 a.m.
So anybody who is listening and is curious about the Ballast Point neighborhood plan, because they have been calling and asking.
Thank you.
>>GWEN MILLER: You're welcome.
Transportation, Mr. Shawn Harrison.
>>SHAWN HARRISON: Move items 54 through 57.
>> Second.
(Motion carried).
>>SHAWN HARRISON: move new business 60 and 61.
>> Second.
(Motion carried).
>>GWEN MILLER: Need to go back to item 38.
An ordinance.
We need to read that.
>>MARY ALVAREZ: Good eyes.
>>KEVIN WHITE: Move an ordinance in the city of Tampa, Florida amending chapter 3 alcoholic beverages amending article V III, section 3-80 records, semiannual reports, revocation of "R" classification zoning by replacing the words "business tax division" with "city of Tampa" providing for repeal of all ordinances in conflict, providing for severability, providing an effective date.
>> Second.
(Motion carried).
>>GWEN MILLER: We now go to public hearings for second reading.
Is there anyone in the audience to speak on items 2, 3, 4?
>>KEVIN WHITE: Move to open.
>> Second.
(Motion carried).
>>GWEN MILLER: Is there anyone in the audience that wants to speak on item number 2?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried).
>>GWEN MILLER: Mr. White, would you read 2, please.
>>KEVIN WHITE: Move an ordinance approving a special use permit S-2 approving a bank drive-in window canopy in a CG zoning district in the general vicinity of 8857 North Florida Avenue in the city of Tampa, Florida as more particularly described in section 1 hereof providing an effective date.
>>JOHN DINGFELDER: Just clarification.
It's move to adopt on second reading.
>>GWEN MILLER: Yes.
We have motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried with Harrison and Saul-Sena being absent.
>>GWEN MILLER: Is there anyone in the audience that wants to speak on item 3?
>> Move to close.
>> Second.
(Motion carried).
>>ROSE FERLITA: Move to adopt after second reading an ordinance rezoning property in the general vicinity of 2511 west St. Isabel street, in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RS-50 to PD, medical office, providing an effective date.
>> Second.
>>GWEN MILLER: Roll call vote.
Vote and record.
>>THE CLERK: Motion carried with Harrison and Saul-Sena being absent.
>>GWEN MILLER: Is there anyone that wants to speak on item number 4?
>> Move to close.
>> Second.
(Motion carried).
>>MARY ALVAREZ: Move an ordinance -- I move to adopt the following ordinance upon second reading.
Move an ordinance rezoning property in the general vicinity of 3412 Ohio Avenue in the City of Tampa, Florida, and more particularly described in section 1 from zoning district classifications RS-60 to RS-50 providing an effective date.
>>GWEN MILLER: We have a motion and second.
Roll call vote.
Vote and record.
We need to vote again.
Vote and record.
>>THE CLERK: Ordinance for second reading.
>>GWEN MILLER: Number 4.
Did you vote, Mrs. Ferlita?
>>ROSE FERLITA: I think I did.
>>THE CLERK: Motion carried with Saul-Sena and Harrison being absent.
>>GWEN MILLER: We go to item number 5.
We have to make a motion to remove from the agenda.
>>MARY ALVAREZ: So moved.
>> Second.
[Motion Carried]
>>GWEN MILLER: Next one, same thing.
>> So moved.
>>GWEN MILLER: Remove it from the agenda.
Okay.
Item number --
>>MARTIN SHELBY: Did you vote?
I'm sorry.
>>GWEN MILLER: All in favor of the motion say Aye.
(Motion carried).
>>GWEN MILLER: Motion and second to open item number 7.
>>MARY ALVAREZ: Move to open.
>> Second.
>>GWEN MILLER: We don't have everybody here.
>>THE CLERK: We have five.
>>GWEN MILLER: Is there anyone in the audience that wants to speak on item 7?
>>MARY ALVAREZ: Move to close.
>> Motion and second to close.
All in favor of the motion say Aye.
Mr. Dingfelder.
>>JOHN DINGFELDER: Move to adopt the following ordinance upon second reading.
Ordinance amending the Tampa comprehensive plan, future land use element, future land use map, for the property located at 1807 west Cleveland street, 109 South Packwood Avenue, 115 South Packwood Avenue, 117 South Packwood Avenue, 105 South Packwood Avenue, 107 South Packwood Avenue from residential-20 to community mixed use-35 providing for repeal of all ordinances in conflict, providing for severability, providing an effective date.
And before we move on on that, this one doesn't show the history.
Oh, yes, it does, okay.
I move that ordinance.
>>GWEN MILLER: Motion and second.
Vote and record.
>>THE CLERK: Motion carried with Harrison and Saul-Sena being absent.
>>GWEN MILLER: Need to open item number 8.
>> So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Is there anyone in the audience that wants to speak on item number 8?
>>MARY ALVAREZ: Move to continue to the 14th.
>> Second.
(Motion carried).
>>GWEN MILLER: Item 9.
>>THE CLERK: Item 9 had been denied at your March 10th.
>> Need a motion to have removed.
>>JOHN DINGFELDER: Why would it be on our agenda if we denied it?
>>THE CLERK: There was a resolution that had set two public hearings and was noticed and published in the paper.
>>JOHN DINGFELDER: Got it.
>>GWEN MILLER: Item 10 to be removed from the agenda.
>>: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Item number 11 cannot be heard.
The applicant --
>>MARY ALVAREZ: Move to reschedule to April 14th.
>> Second.
(Motion carried).
>>GWEN MILLER: We go to our public hearings.
We need to open item 12.
>>JOHN DINGFELDER: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Anyone in the audience want to speak on items 12 --
>>JOHN DINGFELDER: Want to open a bunch?
>>GWEN MILLER: All of them.
12 through 18.
>>MARTIN SHELBY: A motion then for 12 through 18.
>>JOHN DINGFELDER: So moved.
>>GWEN MILLER: Can we do that?
>>MARTIN SHELBY: Yes.
(Motion carried).
>>GWEN MILLER: Is there anyone in the public going to speak on items 12 through 18, please raise your light hand.
(Oath administered by Clerk.)
>>GWEN MILLER: Item number 12.
Staff.
>> Julia Cole, legal department.
Yes, I have been sworn in.
Resulted in a comprehensive plan.
As you may recall on April 8, 2004, council approved a comprehensive plan amendment on property located north of causeway Boulevard to allow consideration of a mixed use development.
The Florida Department of Community Affairs filed a notice finding that the comprehensive plan amendment was not in compliance.
That action was forwarded to the Florida department of administrative hearings for an administrative hearing on that notice of intent.
The Florida Department of Transportation and Tampa port authority intervened in that action along with the property owners.
The stipulated settlement agreement that is before you today would settle this administrative action by the following stipulations.
And I have provided all of you a memo detailing that.
I am just going to go through and I'm available for questions on it.
First the city would adopt a remedial plan amendment which is intended to provide additional protections to the port.
As I said, I have provided you a memorandum indicating in detail what that remedial plan amendment is.
And that remedial plan amendment would be heard at a separately noticed public hearing before both the Planning Commission and council within 90 days, assuming you approve the settlement agreement.
In addition, the property owners have agreed to certain conditions governing the development of their property.
As I have indicated in the memorandum, this is a public hearing per Florida statutes.
So I would open the floor and see if there's any members of the public that wish to speak on it.
And I am also available for any questions.
>>GWEN MILLER: Is there anyone in the public that wants to speak on item 12?
You may come up and speak.
>>> Good morning.
My name is Tom Pell an, we represent the property owners LB and D properties.
We want to say only that our clients signed the settlement agreement.
We support the settlement agreement.
And we would urge the commission to approve it.
>>GWEN MILLER: Is there anyone else in the public that would like to speak on item 12?
Mr. Dingfelder first.
Then Mrs. Saul-Sena.
Mr. Dingfelder.
>>JOHN DINGFELDER: Yes.
Ms. Cole.
I guess I have -- I don't have any concerns about the requirements that are being placed on property owner, because obviously they have looked at them and they are okay with those.
But I have some slight concerns about sort of a pre-commitment to a legal plan amendment.
And I'm wondering just for argument sake -- you and I talked about this on the phone.
Obviously we can't commit in advance of a public hearing to adopt anything.
So that's not what we are doing today.
>>> Julia Cole: That's right.
>>: But my question is what would happen -- I mean, have the details of the remedial action plan, the plan amendment, been already laid out by the department, and they are pushing that down upon us?
Or is that loose, or what?
>>> Well, the language that's proposed is part of the exhibit is language that at this point in time the department would agree to, that being said it's clear within the agreement and because this would be a public hearing process that there could be changes to that.
If at the end of the public hearing process council determines to adopt an amendment which is the amendment which is within this settlement agreement, we would send that that up to DCA. If DCA decides that it is not something that they would approve, they would then issue a notice of intent finding it not in compliance, and that would be --
>> Then the administrative hearing process would continue?
>>> It would just continue as it was if we did not have the settlement agreement at this point in time.
>> Okay.
And when would that remedial plan amendment process occur?
>>> Per the agreement, within a 90-day time frame which would require, as I said, a hearing in front of the Planning Commission, then a hearing in front of this council, and per statute is only required to have one public hearing, and it is allowed to be considered outside the normal comprehensive plan cycle.
>>JOHN DINGFELDER: Thank you.
Thank you, Madam Chairman.
>>LINDA SAUL-SENA: I have a question about things like sidewalks, greenways, aesthetic amenities.
None of those are addressed specifically in here.
But I just wanted to make sure that's part of the thinking.
What we are talking about here is a real transition from thinking of this area as sort of a tucked-away industrial back water to McKay Bay being something that's valued and protected as an environmental area, and that will have residential uses rather than industrial uses.
It's a real paradigm shift.
And we are looking at a greenway going around the majority of McKay Bay.
And we know that the 22nd street causeway is being widened, and I anticipate that this will be a valuable access point for people as a greenway, as a trail, as something that's used by the community, in a positive way rather than just something that has been sort of ignored for 50 years.
So is this the appropriate opportunity to ensure that we have the commitment by the developer to make it a greenway, a trail, to provide enhanced lighting, and landscaping?
Because I want to make sure that that's part of the agreement.
And I know Mr. Pelham, who is in the audience, used to be head of DCA and you know that this is the direction we want Florida to move into being more aesthetically progressive.
>>> Yes, this approval would only, assuming that we all get to the end of this, would just allow the comprehensive plan amendment to be adopted by DCA.
Those issues would typically be dealt with in the rezoning process and this property owner would be required to go through rezoning.
The conditions that are going to be placed on the property owner are intended to be conditions that would be placed at the rezoning stage, conditions that they are pre-agreeing to.
>>LINDA SAUL-SENA: But I figured since there are representations in the audience if they heard this now they would make sure to build it in.
>>> I'm sure they would.
>>> City Council members, Steve Lukes on behalf of the property owner.
The thinking that we had is similar to yours.
We had presented conceptual plans earlier on to staff.
And I believe we even showed conceptual plan to City Council during the plan amendment process, that there is a parks and recreation trail network around McKay Bay.
We have seen that.
We have incorporated that into our earlier plans.
As you move forward through the zoning process, we will be presenting the zone plan amendment that shows that network.
You will see that during the zoning process.
If you don't see it, I'm sure you will bring it up and remind me.
>>MARTIN SHELBY: For the record, you have been sworn, is that correct?
>>> Yes.
Thank you.
>>GWEN MILLER: We need to close the public hearing?
So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: We need to move the resolution.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: Item 13 is a continued public hearing.
>>ROLANDO SANTIAGO: I have been sworn.
City of Tampa legal department.
I'm here this morning on behalf of the city staff to request that this matter be continued again to April 14th.
It is a stipulated agreement with the petitioner.
Some additional materials were supplied this week.
The city requires time to review.
We are also going to get together with the petitioner to further explore some of the issues that have arisen, and to accomplish that goal we would ask that you respectfully grant us a continuance to April 14th that. Is all.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: At 10:00.
Item 14, to be continued.
>>LINDA SAUL-SENA: So moved.
>> Second.
>>MORRIS MASSEY: This needs to be continued for one week because we had the first reading for area wide for Ybor last week.
Even though this hearing was published that date we need to continue the initial week.
So if you would please do that to a time and date certain, I would appreciate it.
Thank you.
>>MARY ALVAREZ: So moved.
>>LINDA SAUL-SENA: Mr. Massey, don't leave yet.
This is dealing with our local overlay, our local historic district.
Council members, I wanted to make you aware that Ybor City is also a national landmark district, and we last surveyed it officially as a national landmark district about 20 some odd years ago, and there have been a lot of changes in Ybor in the interim.
And I'd like to bring up as a side issue that we need to resurvey.
And it's something we need to take a look at.
So I'll bring it up here, to request from staff they build that into their -- I guess it would be the A.R.C.?
>>MORRIS MASSEY: I think it's the HPC that would do --
>>LINDA SAUL-SENA: I'm certain that's correct.
It's under HPC because they do the survey work.
And I have heard they were going to get student interns to do it.
And I think when we are dealing with the national historic district, nothing personal against student interns, but we need a professional to do that.
So my request is that we ask the HPC to build this into their budget for this upcoming year, because we really need to protect Ybor City.
>>GWEN MILLER: We haven't voted on it yet.
>>MARY ALVAREZ: So moved.
March 31st, 9:30.
>>LINDA SAUL-SENA: Second.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>LINDA SAUL-SENA: My motion is to request the HPC put into resurvey of the national landmark district in Ybor City into their budget for this coming year.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>GWEN MILLER: Item 15 cannot be heard.
No affidavit was filed.
Haven't paid the amendment.
Need a motion to allow the amendment.
>> So moved.
>> Second.
(Motion carried).
>>GWEN MILLER: 16 we need to open.
>>GWEN MILLER: So moved.
>>GWEN MILLER: We have a motion and second.
Is petitioner here?
>>> Good morning.
Kevin Ashley, we represent the estate and Mr. Al Weinstein, the trustee.
Yes, I have been sworn in. We would like to continue this item until May 12th.
We are proposing to amend our legal description and reduce the amount of property we want to vacate.
This will give us time to go over this proposal with city staff and also meet with the surrounding neighbors.
>> So moved.
>> Second.
>>MARTIN SHELBY: If there is anybody in the audience that wants to speak to the continuance.
>>GWEN MILLER: Does anybody in the audience want to speak on item 16?
>>MARY ALVAREZ: Move to close.
>>GWEN MILLER: No, not close it.
>>MARY ALVAREZ: Okay.
Move to continue.
>>GWEN MILLER: Motion and second to continue until May 12th.
(Motion carried).
Item number 17 we need to open.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried).
>>> Dennis Fernandez, City of Tampa historic preservation.
I would recommend you open 18, also, simultaneously.
>> So moved.
>> Second.
(Motion carried).
>>> These two items are dealing with two properties which are being relocated as a result of the interstate 4 expansion.
They are there for the property tax exemption program.
Both properties are located on a national register of historic places and are locally designated.
You can see the property on item 17 here, rehabilitation state.
The work done has been consistent with the secretary of interior standards for rehabilitation.
It does meet the criteria, satisfy the department of state.
The work and improvements do exceed $10,000.
And were substantially complete before January 1st of 2005.
Both projects, historic tax ordinance as presented.
This is item 17.
>>MARY ALVAREZ: I am so proud of the restoration that's going on in these beautifully historic homes.
It's just amazing.
>>> It's a great project.
>>LINDA SAUL-SENA: Really impressive.
>>> Thank you.
>>GWEN MILLER: Is there anyone in the public that would like to speak on items 17 and 18?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried).
>>ROSE FERLITA: 17.
Move an ordinance approving an historic preservation property tax exemption application relative to the restoration, renovation or rehabilitation of certain property owned by the Florida Department of Transportation located at 1818 east 15th Avenue, Tampa, Florida in Ybor City historic district based on certain findings providing for notice to the property appraiser of Hillsborough County providing for severability, providing for repeal of all ordinances in conflict, providing an effective date.
>>GWEN MILLER: I have a motion and second.
(Motion carried).
Mrs. Alvarez, will you read 18?
>>MARY ALVAREZ: Move an ordinance approving an historic preservation property tax exemption application relative to the restoration, renovation or rehabilitation of certain property owned by the Florida Department of Transportation located at 1906 east 15th Avenue, Tampa, Florida in the Ybor City historic district based upon certain findings providing for notice to the property appraiser of Hillsborough County providing for severability, providing for repeal of all ordinances in conflict, providing an effective date.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>GWEN MILLER: Item 19.
Do we need a full council for this one?
Okay, we go to item 20.
We have to get them in.
Council members, can you come in, Mr. White and Mr. Harrison.
We go to number 20 whale we are waiting for them to come in.
>>LINDA SAUL-SENA: Did we receive anything on this?
I was the one who made this motion, I believe.
And I am very eager to get a response to this.
Because we continue to see partying going on out on the balconies.
I think we as a city are not willing to stomach another fatality.
So I would like to encourage the administration to get on it and get back in two weeks.
>>JOHN DINGFELDER: Second.
(Motion carried).
>>LINDA SAUL-SENA: Madam Chairman, do you think we need to be specific about who needed to respond to this, whether it should be --
>>GWEN MILLER: We didn't get a response last time.
>>LINDA SAUL-SENA: It's a combination, I think, of police, as well as --
>>JOHN DINGFELDER: Legal.
>>LINDA SAUL-SENA: Yes, and even Mr. Pardo. I guess we need to encourage them to get back to us in two weeks.
>>GWEN MILLER: Back to 19.
>>JOHN DINGFELDER: made a motion.
I seconded it.
>>GWEN MILLER: We did a motion.
We said two weeks, yes.
Okay.
All right.
Item 19.
All we need to do is vote.
We had an ordinance presented last week.
We didn't have enough members to vote.
>>LINDA SAUL-SENA: I'm sorry, I was absent last week.
I would love to hear, I guess -- I personally would like to hear from the people who voted no, which were Ferlita and Miller, if either of you would remind me of the conversation about this particular request.
>>GWEN MILLER: This is at 3403 Lake Avenue.
Down the street is three churches.
To the west.
And to the north is a daycare behind the restaurant.
>>LINDA SAUL-SENA: And it was a restaurant and they were asking for 2(COP-R) so it's restricted to -- thank you.
>>KEVIN WHITE: This is the one, Mrs. Saul-Sena, where they had the restaurant, that police told them if they were good to come back in a year.
>>MARY ALVAREZ: No phones outside, one year conditional, the hours of operation were eleven to ten p.m., Mondays through Thursday.
Fridays from 11 a.m. to 11 p.m
Sundays 4 p.m.
>>GWEN MILLER: I passed the other day and there was a lot of young men standing outside around the place.
Mr. Shelby.
>>MARTIN SHELBY: I am going to ask the ordinance be read for adoption on second.
>>MARY ALVAREZ: Again?
>>MARTIN SHELBY: Please.
>>JOHN DINGFELDER: Who made the motion?
>>GWEN MILLER: Mr. White made the motion.
>>THE CLERK: Alvarez made the motion, white seconded the motion.
>>GWEN MILLER: Mrs. Alvarez.
>>MARY ALVAREZ: Move an ordinance for second reading, an ordinance making lawful the conditional sale of beverages containing alcohol of more than 1% by weight and not more than 14% by weight and wines regardless of alcoholic content, beer and wine, 2(COP-R), for consumption on the premises only in connection with a restaurant business establishment on that certain lot, plot or tract of land located at 3404 East Lake Avenue, Tampa, Florida, as more particularly described in section 2 hereof, waiving certain restrictions as to distance based upon certain findings, imposing certain conditions, providing for repeal of all ordinances in conflict, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
Vote and record.
>>THE CLERK: Motion carried with Ferlita, Harrison and Miller voting no.
>>GWEN MILLER: We now go to information from the council members.
Mr. Dingfelder, do you have anything?
>>JOHN DINGFELDER: Yes, Madam Chair.
Two things.
We have been asked by Swiftmud to join with many other cities and counties across the state to identify April as water conservation month.
I would like to work with legal to prepare a resolution accordingly.
>> Second.
(Motion carried).
>>JOHN DINGFELDER: And secondly, about four to six weeks ago we had a report from staff, park staff and legal staff, about the dog park ordinance, and they indicated that for the last three or four months they have been reviewing the dog park ordinance and wanted to bring some proposed changes.
I'd like to hear from them next week --
>>GWEN MILLER: Have to be in two weeks.
>>JOHN DINGFELDER: Why?
We don't meet next week?
>>GWEN MILLER: City is closed tomorrow and they don't have time to get notice out.
>>JOHN DINGFELDER: Even if they are expecting it?
>>GWEN MILLER: Yes.
Has to be two weeks, Mr. Dingfelder.
>>JOHN DINGFELDER: Okay.
To get back with us or bring us a proposed ordinance.
>>GWEN MILLER: Motion and second.
(Motion carried).
Anything else?
>>JOHN DINGFELDER: No, thank you.
>>ROSE FERLITA: I think some of us had the opportunity to talk to one of our attorneys yesterday.
I don't know if Mr. Dingfelder did, too.
At least giving us an informal update.
She was going to come in and tell us some of the things.
I wanted to reiterate that truly she would have been here.
>>JOHN DINGFELDER: Actually, we wish her well.
I spoke with staff and legal.
Thank you.
Nothing else.
>>LINDA SAUL-SENA: I'd like to request that legal report back in two weeks on a time frame for preservation ordinance.
I referenced that earlier.
We have been working on it for three and a half years.
Maybe four years.
>>GWEN MILLER: I have a motion and second.
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried).
>>MARY ALVAREZ: A couple of weeks ago I made a motion to get a commendation to Tony Saladino, Jr.
I want to move it from the pending calendar to March 31st at 9:45 a.m.
>> Second.
(Motion carried)
>>MARY ALVAREZ: The other thing is I was reading in the paper this week about the Cypress Creek and mall in Pasco County, and commissioner castor brought it up again in Hillsborough County, and she was asking the DCA to look into this matter, especially as pertaining to the water which flows into our Hillsborough River.
And I don't know whether it's appropriate or not, but I know that the mayor went ahead and sent a letter.
And apparently it wasn't strong enough.
So I think I would like to ask the administration to make it a little stronger, so that the Pasco County commissioners know that we are really concerned about the water usual you that's coming into our Hillsborough River.
They have got a lot of wet lands out there and I think they need to make some improvements on that mall before it hits our rivers.
And it's only for not only our safety but for the safety of everybody concerned in Hillsborough County.
>>JOHN DINGFELDER: I could make a friendly suggestion?
>> Certainly.
>>JOHN DINGFELDER: Perhaps since the mayor already has done her letter, we should do our own letter and have it come from the chair instead.
That way we know it gets done.
Otherwise all it is a suggestion.
>>MARY ALVAREZ: And I appreciate your friendly amendment to that.
It's just I want to make sure that the mayor sends a stronger letter.
It was just a one-page letter and it just really didn't hit -- the meat of the letter really wasn't strong enough and that was the reason I was asking for the mayor to go ahead and make it a stronger letter.
And we can follow up.
Do both.
And that way, they know that we are really concerned.
I know it came up at the Tampa Bay regional planning council.
They approved it.
But the DCA was very concerned about it, too.
So there's a lot of issues concerning this problem.
And it's up to the county and the city to make sure that we're protecting our river.
So that's the reason I made that the way.
So I would like the administration to make it a stronger letter, and for our City Council chairman to go ahead and write a similar strong letter to the Pasco County commissioners.
>>GWEN MILLER: Motion and second.
>>LINDA SAUL-SENA: Discussion.
We brought this up several times in the past and written letters.
I agree with Mrs. Alvarez completely.
As firm a position and as committed a position as council can take, we should.
And I appreciate her bringing this up.
I brought it up in the past.
Mr. Dingfelder has brought it up.
And we're downstream from this proposed mall.
And I think that perhaps the administration was concerned about asking another governmental agency to pay attention to us.
I think because we are downstream it's absolutely appropriate.
>>JOHN DINGFELDER: Right.
I think clearly the message should be that our commitment to preserving wetlands, and to preserving the sanctity of our river, you know, is very strong.
But I also think we need to make it abundantly clear perhaps in the letter but definitely to the public that we are not doing this on an economic basis, because as part of those articles that we have all read in the newspapers, there's some insinuation that this is about whether or not our mall should survive and their mall should be built and that sort of thing.
I want to make at abundantly clear if I vote for this it has nothing to do with economics, it has nothing to do with our mall versus their mall.
And that's the God's honest truth.
It's all about the environment.
>>MARY ALVAREZ: And public safety and welfare and health of our community.
>>JOHN DINGFELDER: Absolutely.
>>GWEN MILLER: We have a motion and certificated.
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried).
>>SHAWN HARRISON: I would like a commendation for the guardian ad litem volunteer recognition day on Tuesday, April 19th.
>> Second.
(Motion carried).
>>ROSE FERLITA: Just a couple of things.
I think sometimes it's very easy to take for granted what we have, and we don't appreciate it as much as some people who have to work a little harder for that.
What I'm referring to is the privilege and the opportunity of being citizens of this grand country.
Had a nice conversation with a friend of mine earlier before the meeting started, and he was one of the many people who became citizens at the convention center on the 18th.
And I'd like to congratulate him.
And that was John moors.
It's their loss and our gain.
There you go.
The second thing I want to talk about, the last thing I want to talk about, first I want to thank Pete Johnson, who we all know is an active citizen, even though he doesn't live in the city limits now, but he still has allegiance.
Last week about 10:00 he came into my drugstore and said you have to do something about what happened.
And he gave me some stories.
And I followed him to Sulphur Springs, where I think we all got information that city code enforcement department was launching operation spring cleaning in Sulphur Springs, and something that happened was very, very nice and subsequent to this little greeting here I would like to make a commendation.
3-19-05, law enforcement officers set up at the Sulphur Springs recreational center gave chase to two black male subjects that had been part of a high-speed chase that went right by the center.
We observed them crossing 12th Street and briefly lost sight of them.
Bill Davidson found them hiding on Eskimo, started to go down the back of the duplex, at which time he told them to stop right there.
One black male was apprehended at gunpoint by the police officer.
The other continued running south west and Ryan Shepherd and Kristin McCrae, called 911 for backup.
Took custody of the subject.
I would like to them -- thank them for what they did. I went there that morning and thought a commendation would be appropriate for over and above the call of duty.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>ROSE FERLITA: Sandy, I'll check with them to see when they are able to do that.
>>Nothing.
>>GWEN MILLER: I would like to do a commendation to Bright House celebrating Volunteer Week next week and present to the them in the morning at 9:00.
(Motion carried).
I have a question to Mr. Massey.
I don't know, but Mr. John Moors, understand that the Club XS was going to sell to someone else or lease to someone else.
Do they transfer the liquor license over to them?
>>MORRIS MASSEY: Again I'm not the wet zoning expert or alcoholic beverage law expert.
I believe each property owner, operator of a club or a facility, if it even has wet zoning in the City of Tampa, has to qualify for a license from the state alcoholic tobacco and there's a process they have to go through. The state would have to approve the new owner in order for the new owner to serve alcoholic beverages at that facility.
Now, that property, I guess, is already wet zoned obviously since there's been clubs operating there.
Absent some grounds for revoking that in our current code, I don't see how you can change that at this point in time.
>>GWEN MILLER: Would they have to come before council?
>>MORRIS MASSEY: As long as they have the wet zoning and it's not dried up and hasn't been revoked, I don't believe they have to.
>>KEVIN WHITE: I believe the process is even shorter if the new licensee even has a liquor.
>>MORRIS MASSEY: They have to come before this -- unless they have to come before this body for approval, no, ma'am.
>>SHAWN HARRISON: There's nothing we can do but shame the ownership into doing the right thing which we have been trying to do for six years now.
It's owned by the law firm that has the space right next door.
And they have come down here before.
And they have objected to wet zones in that same area.
And yet they continue to operate a club that in my sometimes is one of the biggest nuisances we have in the City of Tampa.
And it's appalling that that continues to go on.
I don't know what else to say other than the fact that the first opportunity we have to dry that place up, we should take that opportunity.
>>GWEN MILLER: How long would it take?
>> I believe it's already occurred.
>>ROSE FERLITA: I think everyone is correct, as long as there is no drying up process and they do have a license it automatically just takes over with new ownership.
I will say that the reason I found out about John moors citizenship was because we were talking about how well the convention center is doing, et.
And obviously that's in very close proximity.
That's a focal point of what we do in terms of convention, in terms of tourism, et cetera.
But Mr. Harrison is also right.
Everybody was right in different capacities.
We monitor.
And if I am not exactly correct -- and I apologize in advance -- but the owner who is taking over, I think the new club is called diesel, and I think it's the same owner that has Fuel in Ybor City.
Also, we have some situations in terms of the ordinance that we have in Ybor City that does not apply city-wide, and we talked about all of that in terms of what we can and can't do.
We just need to monitor and just hope that they comply.
And if they don't, then we certainly will be -- and this is certainly not threatening -- but given the sensitivity of the location, we will just be on guard to make sure that everything is done appropriately.
And let's give the owner the benefit of the doubt.
It's my understanding from a little bit of research that he has spent a lot of money in enhancements and improvements.
So hopefully he will do well with that investment.
And make it a club that's compatible with everything else.
I think there's nothing else that we can do at this point.
>>KEVIN WHITE: Mrs. Alvarez was before me.
>>MARY ALVAREZ: I was just going to ask if it was possible that we look into the wet zoning ordinances whereby we as council have the right to not let those wet zonings go over with the property.
Is there anything in that?
>>MARTIN SHELBY: I believe council had this discussion, and Ms. O'Dowd was -- I'm trying to think going back over the status of it.
But I believe council did make the a certification it wished to look at that.
And Ms --
>>MORRIS MASSEY: Mrs. O'Dowd is researching how other communities do it.
There are certain things by state law we are precluded from doing.
And I think some of the things we would like to do may be ultimately precluded by state law but we are looking at how other cities and counties in the State of Florida handle it to see if we can provide City Council more leverage and more authority for that permitting process.
>>MARTIN SHELBY: I don't have that date but I believe council could make that motion.
>>MARY ALVAREZ: And if wave to change the state law, maybe we ought to talk to our delegation up there.
Because I'm sure our city is not the only one that's experiencing this problem.
>>MORRIS MASSEY: I know that the mayor has already contacted our delegation about the drink specials, that issue.
We are precluded from regulating that right now but we are asking the city of Gainesville for legislature to authorize lo local governments to authorize those sorts of activities.
So, yes, we will do that.
>>KEVIN WHITE: While Mr. Massey is up, I didn't know whether he had an answer now.
And if not, I would like to request an answer from the administration maybe in two weeks, on the process and what the administration has done in regards to recouping the income from Club Fuel for the incident that happened a few weekends ago.
>>MORRIS MASSEY: I don't have an answer.
I know that council asked that question.
I know that is scheduled for someone to respond to council on that issue, Mr. White.
But I don't know.
And I will ask the administration for an update on that.
>>KEVIN WHITE: I don't think it was scheduled for response.
I think we just asked them to look into it.
But that's been a couple, three weeks ago.
I think another couple of weeks, I would like to have make a motion to have someone in the administration report back to us on that process, if they decided to go after recouping the city's losses, and if they have, what the response from Club Fuel has been.
>>GWEN MILLER: We have a motion and second.
(Motion carried).
>>MARTIN SHELBY: A follow-up on Ms. Alvarez and Mr. Massey's statement.
I checked the calendar.
And the wet zoning issues are set for a workshop at 1:30.
>>LINDA SAUL-SENA: Thank you.
Based on our less than wonderful experiences in Ybor City with this owner, I would just like to ask the police to make sure -- or whoever, to make sure that there's adequate security.
I think the biggest issue we have with that location, Club XS location, has been a closing time, having adequate security by the club to make sure that the patron leave and that there aren't fights in the streets or the parking lots.
So I guess that would be my request, that the police department make sure that the owners provide enough security, and that we have also police officers in proximity to make sure that things are peaceful.
And then I also have a question.
And that is if people aren't selling liquor because a club caters to minors, do we still require security?
>> Say that again?
I was distracted.
>>LINDA SAUL-SENA: I know we have certain rules about on-site security if liquor is sold.
If there's no liquor sold, because they are catering to a younger crowd that doesn't -- where you can't sell liquor and it's for a dance or just a gathering, do we still require the club management to provide additional security when there are hundreds of kids there?
Because, I mean, if the issue is public safety, even if people aren't drinking, if you have a lot of kids.
>>MORRIS MASSEY: I think Officer Guffey wants to respond.
I believe in the dance hall ordinance security is required.
>>LINDA SAUL-SENA: That's great.
So that's not the council.
So it would just be a question of the police officers making sure that they have adequate security.
>>KEVIN WHITE: Especially with security.
>>MORRIS MASSEY: I'll let Officer Guffey speak for himself.
>>SCOTT GUFFEY: The dance hall ordinance that City Council put in place several years ago still is in standing now.
Presently in the City of Tampa we have no one who has a dance hall ordinance, nor during my tenure in my position have anyone applications been made for those.
I think the applications have been picked up and never turned back into the police department that. Ordinance must be approved by the chief of police before it's granted and that specifically was designed, like Mr. Massey said, to address rave clubs and such in the city.
>>KEVIN WHITE: Officer Guffey, wouldn't you think security personnel, the mandates would still be the same, just using club Fuel as an example?
Although there was no liquor being served and the patrons were teenagers, but since the establishment is still wet zoned, shouldn't they still abide by the same rules?
>>SCOTT GUFFEY: Chapter 3 sets forth security requirements.
One is if you have over 250 patrons in your establishment that that kicks in and you are required to hire extra duty officers depending on the date that that establishment was wet zoned.
>>KEVIN WHITE: Numbers because of wet zoned.
>>> Club Fuel was not wet zoned in a date that would require the ordinance to take place prior to 1995.
Club Fuel does rue routinely higher extra duty officers every weekend in Ybor City.
They are one of the clubs I think that hire four officers for their club.
They are not required to do so but they have done so for quite some time.
>>ROSE FERLITA: Simply want to say we are obviously concerned about what might or might not happen down there.
But I think in our efforts just for the record to be vigilant we are certainly not meaning to be accusatory.
>>GWEN MILLER: Clerk, do you have anything?
>>THE CLERK: Just to receive and file.
>>KEVIN WHITE: So moved.
(Motion carried).
>>ROSE FERLITA: A long time ago, I believe under Ms. Saul-Sena's watch, we were talking about different improvements to the council chambers.
Can anyone answer for me or can we direct somebody to answer this for me?
What happened to our intentions of where Mr -- welcome -- the row where he's in, they were going to remove that for easier movement with wheelchairs under the ADA.
I don't know what happened to that.
>>LINDA SAUL-SENA: What we did, the first row for seating has been moved back, so there's additional room for people to maneuver here.
But in moving that row back, we lost however many seats those are, eight seats.
And so we thought we shouldn't remove the last row because then we would have even fewer seats.
And given the limitations of the chamber we felt we addressed the ability of somebody in a wheelchair to maneuver by removing the first row of seats which gives people an easier ability to come over to the podium.
That was the discussion.
It's kind of a trade-off.
>>ROSE FERLITA: I just was concerned.
I don't know why I didn't realize that.
But sometimes when they are trying to maneuver around that they are still in the way of the person at the podium and stuff.
But I guess that's fine.
I haven't gotten any specific complaints.
If we do, then we'll revisit.
But thank you for that clarification.
>>LINDA SAUL-SENA: The draft of council rules and procedure, do we want to schedule a time for us to work on this?
>>GWEN MILLER: Mr. Shelby?
>>MARTIN SHELBY: Actually, my understanding is that there are some issues of fine tuning it that the clerk would like to have the opportunity to review it.
It is scheduled for -- fortunately I have been allowed to put it on next week's agenda.
Thank you.
But we can continue it at that time.
Keeping it on the agenda.
I invite council.
The earliest opportunity to review it, if individually you have suggestions or comments that you would like to see me incorporate, to share them with me.
If you would like to save that for the meeting, then it would mean continuing it to put in those changes.
But as presently drafted, it looks like there may be changes requested by the clerk with regard to procedural matters reference to an organizational meeting.
To spell that out more clearly, I ask that it be kept on the agenda, and continued at that point, perhaps for whatever period council wishes.
But obviously it's council's desire to get this put into practice as soon as possible.
And I'm looking forward to it, too. But I thank you for your support of the process, and any suggestions that you have, this is your document.
These are your rules.
I'm going to ask you to live by them.
And I am going to be charged with seeing that they are enforced.
So any changes that you desire to have or anything you wish to see addressed that is not presently, please take the opportunity to share that with me and I will certainly serve you as best I can.
>>GWEN MILLER: Anything else to come before council?
>>SHAWN HARRISON: Just on that vein, Mr. Shelby, I would appreciate it if you and I meet sometime over the next week before it shows up.
Although if the clerk is going to make revisions, see what the clerk's revisions are, then it can come before us.
But do you have like a red line version as well, something like we have now so we can lay them together?
>>MARTIN SHELBY: I can do an outline of specific changes.
I can do a red line version.
And merge the two documents.
But I found it so absolutely unreadable because in effect what I did was I reordered the rules.
And within the rules I reordered and there was a lot of duplication.
Subject matters that were the same, that appeared several places throughout the agenda -- throughout the rules.
So what I did was I made it more concise and put it in one specific section.
So if council wishes, I can present that.
That's not an issue.
Before I looked at it, I could not understand it.
So I could do that.
And what you have is a before and after.
But regarding the specific changes, substantive changes within the rules, if you wish to see the substantive changes in the rules, I can do it in outline form.
>>LINDA SAUL-SENA: That would be excellent.
Thank you.
>>MARTIN SHELBY: If you like I can also put that document together for you.
Just I couldn't read it.
>>GWEN MILLER: Anything else coming before council?
>>MARTIN SHELBY: And Mr. Harrison, I will set up with your assistant time so we can talk about that.
Thank you.
>>GWEN MILLER: Nothing else coming before council, we go to the public.
(Meeting adjourned)