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Tampa City Council
Thursday, April 28, 2005
9:00 a.m. session


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[Sounding gavel]
>>GWEN MILLER: Tampa City Council is called to order.
This morning I'm happy to have with us Dr. Betsy Steier, of the First Christian Church of Hyde Park.
And we are so happy to have her with us this morning.
We ask you to stand and remain standing for the pledge of allegiance.
Invocation first.
>> Let us pray.
Amazing and almighty God, we give you thanks for the gift of this beautiful day, and we thank you for the gift of this community which you have entrusted in our care.
We ask your special blessings upon those who are gathered this day who have been called and selected to be our leaders of this community.
May you bless them in the possibilities and the problems they face, that for each thing that you give them the strength to carry out their responsibilities.
You give them the wisdom to make decisions.
And you give them the courage to be able to face any oppositions.
We thank you for this time together.
We thank you for being partners and caretakers of this community, of it's people and of it's resources.
You have made us in your image in a wonderful way that you have taught us to be good providers.
You have taught us to be compassionate and caring, and you have given us creativity and wisdom.
May we do all these things together in the spirit of your love.
Amen.

>>GWEN MILLER: Roll call.
>>JOHN DINGFELDER: (No response.)
>>LINDA SAUL-SENA: Here.
>>MARY ALVAREZ: Here.
>>SHAWN HARRISON: (No response.)
>>KEVIN WHITE: Here.
>>GWEN MILLER: Here.
Mr. John Dingfelder will not be here this morning.
He will be at the afternoon meeting.
Mr. Shawn Harrison will not be here this morning but he will be here for the afternoon meeting.
He will be running late.
At this time I would like to present a commendation to the nurses.
We have with us Terry KIEL and Mary Perry, of town and country hospital.
Will you please come forward.
It is my honor to present this commendation to these wonderful nurses who always save lives.
I know without them I might not be here because I had some wonderful nurses in the time that I was in the hospital.
So it's an honor to have them here recognizing nurses week.
In grateful recognition of national nurses week scheduled for May 6-12, 2005 and for the dedication, hard work and support demonstrated by nurses throughout the Tampa community and for the important role nurses play in the delivery of health care, therefore be it resolved that Tampa City Council is honored to present this commendation to all nursing professionals who strive to provide safe and high qualification and care by lifting spirits and touching lives in our community.
It is my honor to present then to you all.
>>> We really are very grateful for this honor in recognizing the nurses at town and country hospital and Memorial Hospital.
We know that nurses work very hard and are involved in a lot of technology today.
Certainly it requires a lot of clinical skills and judgment.
But the real essence of nursing is caring.
And we appreciate your recognition very much.
(Applause)
>>> I would like to thank you for this and rest assured this will be put in the lobbies of our hospital for everyone to see.
Thank you.
>>GWEN MILLER: It is an honor for me this morning to present our mayor, here to say a few words.
Mayor Pam Iorio.
(Applause)
>>MAYOR PAM IORIO: Good morning, council members.
You're getting younger.
Who is that young person sitting there?
>>ROSE FERLITA: On that comment, I think the mayor is always prepared for me to interrupt her, talking about getting younger.
On behalf of my colleagues, mayor, we trust you had a wonderful birthday yesterday and happy belated birthday.
(Applause)
>>MAYOR PAM IORIO: It nice to be alive, isn't it?
Council members, it really is a pleasure to be with you today.
You had asked us some weeks ago that we appear before you to update you on the status of the Tampa Museum of Art project and what our plans for that are.
And we have been busy over the past month.
First, I think it's important to note just how much effort and time and money went into the last plan for the Museum of Art.
The non-profit Tampa Museum of Art board, I think, did an absolutely outstanding job in raising money for a new museum.
And while that plan did not ultimately work and could not be financed, it does not mean that it doesn't provide -- I mean, it provides a wonderful opportunity for us to look afresh at a plan for a new museum and making Tampa a real city of the arts.
When the first plan did not work out, I asked the staff, let's look at the Tampa Museum of Art project as a way to help revitalize our downtown, to foster redevelopment, and with the redevelopment that is currently going on at a very brisk pace.
And how can we make it integrated into our downtown, and make it part of an overall master plan?
As you know, each of you, I have taken you on a walking tour of the downtown and pointed out some of the thoughts, and I think you would agree, as we have walked through the downtown, that while we have many wonderful assets, we have not always done a good job in our community of connecting those assets together.
And that's one of the reasons why I get so excited about the riverwalk because it's an absolute opportunity to connect assets from Channelside all the way to Tampa Heights, for people in a pedestrian setting to be able to access our beautiful waterfront, and the waterfront belongs to the public.
And for some reason over the years, we at Tampa have managed to keep that waterfront really away from the public in a meaningful way.
And this is our opportunity to return that waterfront to the public.
I think all of you would agree that we live in a very special time in Tampa.
We live in a time when there is tremendous private sector interest in investing in our downtown core.
The same cannot be said -- is not true of every city in the United States.
We are really fortunate to live in a city, in a downtown, where private sector interest is keen and people see the canvas that can still be painted upon.
And that is something that I think we are all very fortunate to have.
Making downtown a neighborhood is something I consider so very important.
When we talk about making Tampa one of the most livable cities in the United States, it means something a little different in every neighborhood.
You might go through one neighborhood and say what's needed there is an emphasis on drug dealing and crime, what's needed here is emphasis on code enforcement, making sure that every street is clean, and another neighborhood might be to turn a 2 lane road into a 4 lane road, in another neighborhood need for park and recreational facilities, making every neighborhood livable has a different meaning because every neighborhood is a little different in the City of Tampa.
And now we have a neighborhood called downtown that for years has been used as a government and business center.
And it's transforming right before our very eyes, from the government and business center to a neighborhood, where people will live, where people will leave their condominiums and town homes and lofts in the morning and walk along the streets.
And now it's our job to make that downtown a livable downtown, safe for pedestrians, something where as people walk the blocks of downtown, they see something of interest on every block.
And that's important.
That's what will make this a livable neighborhood.
And I don't think that there should be an admission fee for people to enjoy the arts in our community.
The arts should be integrated into the life of our community.
Linda, I think you and I were both inspired by the poetry that our poet laureate James Tokley put into the sidewalks off of the neighborhood off of Columbus Avenue, because the arts can be integrated into our life.
Part of our riverwalk concept is to have public art throughout.
The public art, the lights on Tampa project that was announced the other day is an opportunity to use our downtown as a beautiful canvas for people to see art.
Art should be readily accessible to everyone, and people should be able to enjoy the arts throughout their neighborhoods and throughout the downtown core and throughout the riverfront, without an admission fee, because the arts are for everybody.
And I think that's an important concept as we move forward.
Now, I want to just walk you through, if I could use a PowerPoint presentation, because sometimes the pictures help a little bit to describe.
I may not always do the best job of vividly describing what the vision is all about.
But it all begins with the concept of using the federal courthouse for the new Museum of Art.
As you know, we acquired the federal courthouse from the federal government in 2003.
And at that time we were uncertain as to what the use would be.
And we have been working to look at the possible uses over the past couple of years.
This is Florida Avenue.
And here would be the federal courthouse.
One concept would be that we would build a parking structure on this lot here, approximately 500 cars.
Parking structures don't have to be unattractive.
We can make a parking structure that has an arts edge to it, that even has retail along the bottom that could be rented out for arts organization and for artists.
Today, we live in 2005, where urban planning ideas and -- we have become much more sophisticated in how we do things in terms of urban planning in our country than perhaps decades ago when things were looked at for more a utilitarian purpose.
Today we care what everything looks like.
And that parking structure adjacent to the Tampa Museum of Art could be something that complements the Tampa Museum of Art and could possibly spin off revenue for their operating costs.
Parking structure.
TMA.
Just to orient here a little bit, this is the Tampa Theatre.
Wonderful cultural asset.
This is the Maas Brothers block which we believe one day will become a residential tower of some kind.
It's a premiere block of downtown.
And once that is renovated, once that becomes something new it's going to change the face of Franklin Street and our downtown.
This is the sky point development which as you know is already under construction to do preliminary site work.
That's going to be a beautiful 31-story residential tower.
That is really quality development.
This is our current look to our federal courthouse.
I think it's a beautiful historic building.
Truly it is one of Tampa's treasures.
One of the things we have talked about when we talk about the federal courthouse is making sure any reuse ensures that the public always has access to the federal courthouse.
This is one artist's rendering of what it could look like.
It's adjacent to way think is one of the prettiest churches in all of Tampa, architecturally.
An idea of what the -- this is a view of what the federal courthouse could look like and a view of what the parking garage could look like.
You know, many cities have utilized older buildings for museums.
Here are some examples of that.
Washington, D.C., New York, the metropolitan Museum of Art in New York, I think, is a great example.
This is the Chicago art institute.
It not uncommon to take older buildings and make them into beautiful museums inside.
And they are beautiful inside and out.
Just a little bit more orientation here.
Sometimes we talked about this.
Occasionally people say, well, you know, the federal courthouse is just not in the thick of things.
I suppose because we live it every day as council members, as mayor, as staff, because we live this downtown development every day, because we walk the streets every day, because we are involved with who is buying what block and what the plans are, we know that in actuality the federal courthouse is in the thick of things.
It will one day be right in the middle of a residential bustling community.
This yellow marker here is the federal courthouse.
This is the proposed Kress redevelopment which would be residential towers.
This just announced the other day, the wonderful opportunity for the Floridan to finally be renovated into a boutique hotel.
Wonderful.
Let's not forget Franklin Street and the potential for Franklin Street to be this wonderful neighborhood.
You have The Residences of Franklin Street, ground that we just ground broke for that.
The other day.
The Arlington hotel, a great restoration project. The Marion street transitway.
We will be having a kickoff soon for a construction project that will take the Franklin Street through the parking lot of the old state office building site.
And so it will go all the way through to Tampa Heights.
That connectivity of Franklin Street, I think, will be a real boom to that neighborhood.
Having that connectivity from downtown to Tampa Heights.
Let's take a look at the concept of Arts Avenue.
When we started with the federal courthouse there on Florida and Zack, we thought, here you have Zack Street, which is a great Avenue right into the park.
It's got beautiful wide sidewalks.
All of our streets downtown suffer from the one-way syndrome which cause cars to go too fast.
And we are currently working on a plan to turn those one-way streets into two-way streets and to add landscaping.
We need to slow that traffic down.
We need for our streets, downtown, not to be speed ways, but like most downtowns they are streets you travel through a government center, and residential center and that third component means we do something a little bit different.
So our thought was that we make Zack Street into an avenue of the arts.
Again, the proposed museum.
And this is Zack Street.
Imagine a two-lane landscaped, wide sidewalks.
What have other cities done with streets that they want to make part of the public ground, something more interesting than just a regular street?
They have added public art.
It's not uncommon in other cities to have streets that are really a pleasure to walk down.
Tree-lined.
Public art.
Taking things that we look at the street signage here.
We could do things like that in our city, where we take the mundane and turn it into something special, the public art.
And we are so fortunate, I think, to have one of the best public art administrators you can possibly have.
She's so innovative, so creative, I think she can turn almost anything into something special.
You can see other cities have done that with a lot of success.
This could be our Zack Street.
Frankly, this could be a lot of streets in our downtown.
Art integrated into sidewalks.
I like that idea of poetry in sidewalks.
I think we should do more of that.
And so we have this Avenue of the arts here where people travel down to the park.
And this is just one schematic.
I have to stress that all of this is in a very conceptual stage.
Over the past two weeks I have probably walked this park and stood there about 20 to 30 times.
While I've lived here almost all my life I don't think I ever stopped and looked at that entire park in such detail as I have over the past two weeks.
I have concluded that it is one of the most desolate, unattractive, unfriendly pieces of public land that I've ever seen.
No matter what time of the day or night that I have stood there, early morning, mid afternoon, early evening, it is not used by the public.
This is premier waterfront property.
But think about it, council members.
You've got the sidewalk of the Poe Garage, most unattractive.
The Curtis Hixon park.
Nobody uses it.
The Tampa Museum of Art and entire frontage of concrete facing the roadway.
Elevated.
You don't see the water.
In fact, it blocks the prettiest view of Tampa, the minarets of the university of Tampa.
And then you move a little bit further to the gardens, which has never panned out to be the kind of use that I think it was originally intended to be.
And I've stood there with all of you, and I've stood there for hours and looked, and I thought to myself, we have the ability to transform this desolate, the almost unused space, into a spectacular waterfront for our public to use.
Aren't we fortunate to live in a city where we can still paint upon the canvas, where this is a city he's not so built out that we can't undo some of the design wrongs of the past.
Aren't we fortunate that that's the kind of city that we are able to govern and make decisions about?
So we look at this park and we say, what can we do here?
If we have the Tampa Museum of Art somewhere else, we take down that museum, and we collapse the garage underneath it, 129 spaces gone, and what does that do?
Well, it opens up the vista so you stand there at Zack and Ashley, and what do you see?
You see the waterfront.
You see the riverwalk.
And you see the minarets.
We have the asset there.
We have the beautiful view corridor there.
It's just been blocked for decades.
Let's open that up.
And now you've taken land that currently is not used by the public.
A little over four acres of concrete that's currently not used by the public, and you're turning that into green space.
That is exciting.
Now, one of the things that we've talked about over the past couple of years with the riverwalk is, as you walk along the riverwalk, and have a great time, at some point you have got to get off and have something to eat.
We have got to have a park where people go K get off to eat and have a cup of coffee and sit with their friends.
And that's what we like also along the waterfront, and that is some space where people can get off and enjoy.
And that's where this whole concept of development rights and partnering with the private sector, to have private sector development along here.
And let me just say that this is certainly not a new concept.
For those of you who have been on council for a number of years, you remember the Skidmore Owens and Merrill cultural district plan that was delivered to the city in March of '02, this was a result of two years of public input into what the waterfront can look like.
I don't know what happened once it was delivered but it had a lot of good ideas in it.
And we went back and looked at it.
And that is exactly what the two years of public input in this whole process with stakeholders concluded, that there ought to be in the park some private uses that allow the public to enjoy the kind of amenities that people typically enjoy along river fronts, primarily places to go to eat.
And so we would look at sending out a request for proposal to developers, to see what they would come back with in terms of uses that would do a couple of things.
One, integrate the children's museum in the south side of the Poe Garage.
As you know, we have previously leased land along here for the children's museum.
And in fact the children's museum representatives have indicated to us that it is not uncommon in cities throughout the United States for children museums to be integrated into other commercial use us.
In fact, they think that's a very positive thing.
So, one, a children's museum.
Two, some kind of redevelopment potential that allows the public to step off the riverwalk and enjoy an afternoon.
The possibility of even some residences.
But I think the important thing is that it's all a matter of scale.
And I think it's very important as we get the concepts back from the development community across the nation that we work with council, and that we sit and we collectively decide what is the appropriate scale of commercial residential development for this premier park?
And that is something that today it's a concept, but a year from now it may be something that we tie down with and be able to say in a definitive way this is what we see for this park, these are the uses that we think are appropriate, and that complement this public space.
And that is a process that I would like to do with you together.
Because all of you have good ideas.
And all of you feel strongly about public spaces and about commercial development, vis-a-vis those public spaces.
And so we see a process whereby it's very inclusive of council in your thoughts, in your ideas, and how we come to terms with the human scale of commercial development with regards to the park.
And so if we were to have some development along the south side of the Poe Garage it could do a couple of things.
Could mask the unattractive look of the garage.
It gives the public uses.
It adds vitality.
It incorporates the children's museum into those uses.
But think of the beautiful vista we could have.
People coming down Zack.
And they are going to see those minarets.
They are going to see that riverwalk.
This could become a public space that could become the premier public waterfront space in all of Tampa.
It could go from something that's December lat and unusable to something that is the most used space in all of Tampa.
Again here there are possibilities, because we would take down the garage and all of this would be grade level, this, too, the point of the garage right here, where they are able to come down, to be a possibility for spaces where the public could enjoy and sit outdoors.
You know, this is a real opportunity for us to reshape our downtown.
And I think Tampa has never suffered from a lack of assets.
It's always had beautiful assets starting with the people who live here and moving on to other assets that we could all name, we're all proud of.
But we have an opportunity to focus in on master planning of an area that desperately needs it.
We have an opportunity to integrate the arts in the everyday lives of people throughout our community.
Look what this waterfront could look like.
Look at the possibilities of being able to sit in this park and see the beautiful asset of the minarets, and sitting in an outdoor restaurant enjoying all that Tampa has to offer.
Imagine the enhancement of the quality of life.
Now none of this can be done without partnerships, and as you know I'm a big believer in partnerships.
But we have had a big great partnership as the mayor and City Council.
That's why we have accomplished so many so much over the past two years.
I believe in partnership with the business community.
It's through private investment that we will be able to have the money as a city government to be able to build out this park and perhaps even make improvements to Ashley and to help make Zack Street the Avenue of the Arts.
Partnership with the not for profit, with the Tampa Museum of Art, it's critical to this, to have the Tampa Museum of Art supportive of this concept.
And towards that end we have embarked on partnership with the Tampa Museum of Art for a 30-day study that would -- a 30-day study that is taking a look at the federal courthouse, to see if it is usable as a museum.
The study started on Monday.
It will take 30 days.
The results of that, we will all collectively look at and evaluate, and then if indeed the study shows that it is doable to turn the federal courthouse into a Museum of Art, then we expect to move forward with a partnership with TMA, to make it happen.
You know, much has been written about the Tampa Museum of Art, and its future.
I think its future can be very, very bright.
We emphasized a lot during the last plan, the need for an endowment.
I think endowments are very important.
Not just endowment for the Tampa Museum of Art but endowment for every non-profit that serve it is public.
Endowments are important because government subsidize should not be a given.
And I think we have to be very careful about that as government.
All of us know, and collectively all of you know, the many, many demands that are on city government for services.
And we want to be supportive of our cultural institutions.
And we are very supportive of all of them.
We have committed to the Tampa Museum of Art a million dollar a year in subsidy.
We currently subsidize about $930,000 a year.
We have said as you move forward, rely on that million dollar figure, but no more.
And I know all of you know that is a very generous subsidy.
But I think it's very important for every nonprofit in this community, every nonprofit, to get to the point where they can deliver their core services to the public without dependency on government.
That is very important for all.
So, yes, we provide the support and seed money and encouragement.
In this case with the Tampa Museum of Art we are offering up a building, $20 million in construction money from the previous moneys that were available, a million dollar a year in subsidy, and perhaps more important a master plan that incorporates them into the whole downtown and revitalize part of our downtown.
So, yes, we are very supportive and will continue to be and only works through positive partnership.
That's the only way that projects ever get done.
But I see a future that's very hopeful and bright for our downtown.
I see it every single day.
We see it in the nature of the private investment that's coming and the quality people who want to take blocks that have been neglected for decades and turn them into something special.
And I see it in our public art program, which has to be one of the very best in the nation.
Just the other day we announced Lights on Tampa, something very cutting edge and innovative.
I see it in the generosity of donors who came forward to build the new Tampa Museum of Art and raise giving to a very high level here in Tampa.
I see it in the attitude of local government that says that the arts are important, and that they should be integrated not just in buildings but in daily life with people throughout our community.
We have all the ingredients right here.
We have all together right now.
We can make a lot happen.
And we can take some design flaws of the past, and we can fix them.
We're not at the point where something can't be fixed.
We are at a point where we can take 2005, 21st century urban planning ideas and new concepts, and we can turn them into reality for this great city.
I'm excited about it.
And I'm excited about working with all of you on this, and with the Tampa Museum of Art and with all of our partners.
We have here in the audience the vice chair of the Tampa Museum of Art.
It's been a pleasure working with him and with all the other board members on this new concept.
And I would be happy to answer any questions that you might have.
>>GWEN MILLER: Ms. Alvarez.
>>MARY ALVAREZ: Thank you, Madam Chairman.
Madam Mayor, I hear the passion and the excitement in your voice.
And it just excites me, too.
And I think your concepts are well thought of, well-meaning.
I think the Board of Directors at the Museum of Art need to heed your proposal here.
I think this is the best that we can do for them.
But I have one question.
Why not do something with Twiggs Street?
You're talking about Zack.
And Twiggs Street goes to the same park.
And I was wondering if you had any plans to do something about Twiggs Street.
>>MAYOR PAM IORIO: Well, Mary, I think that's a good question.
Because all of our east-west roads really need attention.
I think every east-west road in downtown could be something special.
We have focused primarily on Zack Street because of its proximity to the Tampa Theatre because you have Tampa Theatre around the corner which is a wonderful cultural institution, and because of what we saw as the redevelopment of the MAAS block which I think is going to change the nature there and also because of sky point, because these were some tangible developments that we saw as being able to add to the flavor of the Avenue of the arts.
But I think your point is a good one, that all of these east-west roads in downtown can become something special.
We could turn each one into two ways.
We can landscape each one.
We can integrate public art into each one.
We can improve the sidewalks of each one.
Councilwoman Ferlita the other day was pointing out to me how the way that trees were planted on a particular sidewalk really prevented two people from walking down the sidewalk.
Wouldn't it be better if the trees were planted closer to the curb or different kind of tree or so forth?
That is precisely the kind of thinking that is going to make each of our streets something more livable, more pedestrian friendly, and better than they currently are.
And so while we currently are emphasizing Zack Street as an avenue of the arts, and mostly because of its proximity to those things I just mentioned, it doesn't mean that we shouldn't have an overall plan for making every east-west street something special and having some of those very same amenities.
>>MARY ALVAREZ: Thank you for that explanation.
The other thing that I heard was admissions, that it should be free?
What is free?
>>> I wasn't talking about the Tampa Museum of Art.
I'm talking about the integration of art in our lives.
I recognize that.
Not everyone in our community should have to pay an admission fee to have a cultural experience.
I would like for to us be a city that has art integrated into our daily lives.
That's why I like public arts so much because you are exposed to it every day without paying an admission fee.
And I think that is what will make Tampa a city of the arts.
And walk ago long the riverwalk and having public art along the way and stopping at our public park which has public art and going down a street that has poetry in the sidewalks or mosaic tiles or sculpture, that's what I mean when I say there shouldn't always have to be an admission fee to have exposure to the arts and I think that's awfully important.
>>MARY ALVAREZ: And I think your idea of turning the Museum of Art into a park is a fabulous idea.
I think it's wonderful.
And like you said, it opens up the riverwalk and opens up the river, and opens up Platt park and the minarets, of course.
I think it's a wonderful idea.
I think if we can get some developers to come in and help with this project, that would be really, really good.
So I'm all for it.
And I thank you for the presentation.
>>MAYOR PAM IORIO: Thank you, Mary.
>>LINDA SAUL-SENA: Thank you for coming to council this morning and sharing your ideas.
You said that it's important that Tampa have beauty as part of our lives.
And that is a really, really expressed public sentiment and I think it is so important.
Many of these ideas are absolutely wonderful.
And I particularly appreciate your recognition that we need to work together, administration and council, to sort of think this through with the public.
The public participation in the S.O.M. process was amazing, 350 people came to the hearings to talk about what they wanted as their vision.
And so I'm so glad that you referred back to that plan which has so many good ideas in it.
And one other thing I just want to throw in there, as we are doing a request for proposals, I think that while compared to other parking garages Poe is not a particularly unattractive one, that perhaps somebody might have a better idea for how to integrate parking.
And I think that's something that we might explore.
Just because, is that the best site for parking?
Or could there be something done with parking perhaps on the other side of Ashley so that the entire riverfront of Ashley facing the river would be more aesthetic?
>>ROSE FERLITA: I think Ms. Alvarez was concerned about her granddaughter having to pay admission.
Don't worry.
But just briefly -- and I don't think we need to dwell on this because we obviously have gone forward in a good way in the recent past where we had one side for, one side against the museum concept.
I think that's done.
I think some of those bruises and wounds are mending quickly.
I personally think what you are trying to do in terms of this rebuilding process is great.
I think the courthouse is a perfect place for this museum.
And we look forward to something that's very important as you said.
I think Ms. Saul-Sena hit on it too.
Last week we were having a conversation last week with Mr. Huey, and I think we all emphasized our need for working together.
And telling us what's going on and us working.
Both sides of the walkway, from the administrative to the legislative.
I think that's what you're creating is a foundation here.
So obviously I think the sentiment is that we look forward to going forward with this and working with you.
And thanks for your presentation.
>>MAYOR PAM IORIO: Thank you very much.
>>GWEN MILLER: We don't have to say anything.
All the glare and happiness you're showing, you don't need to sit back and wait to get this proposal going.
You know we are in partnership.
The way she has it G going, it is wonderful.
And I appreciate just to see the smile on your face tells us a lot that you are really going to do a great job.
And you know we are with you 100%.
Thank you.
>>MAYOR PAM IORIO: Thank you all.
I appreciate your time this morning.
And as always, I appreciate the wonderful working relationship we have.
Thank you very much.
(Applause)
>>GWEN MILLER: We have some special guests this us this morning I would like to introduce to you.
The providence Christian academy school members.
Would you please stand and be recognized?
Anyone here from the providence Christian academy school?
I guess they haven't arrived yet.
Ms. Alvarez has a special guest she would like to introduce.
>>MARY ALVAREZ: I would like to introduce my niece.
She's 7 years old and goes to trinity school for children.
And today is take our daughters and sons to work.
I decided to bring my niece.
My kids are too old.
So I'm very proud and honored to have her sit with me.
Thank you.
>>GWEN MILLER: I saw some others.
Just walking in, Calvin.
>>ROSE FERLITA: Put that microphone down, Calvin.
>> Sierra sanders and I am 8 years old.
>>GWEN MILLER: Very good.
(Applause)
I saw another one.
Eric Cotton, I see your daughter, too?
>> Eric Cotton: Say your name.
>> This is Danielle.
>>GWEN MILLER: Welcome, Danielle.
(Applause)
>>GWEN MILLER: We now go to department heads and city employees.
We have with us Ms. Julie Brown.
>> Good morning.
Julie Brown, assistant city attorney.
I'm here to walk on a resolution approving the renewal of a standard maintenance street sweeping agreement with the Florida Department of Transportation by the city, and FDOT rights-of-way.
It's a one-year renewal.
We just got word that FDOT needs to have it in their hands by next week.
>> We have a motion and second.
All in favor of the motion say Aye.
Opposed, Nay.
Thank you.
Karen Palus.
>> Karen Palus, parks and recreation director.
Also have Cindy Miller, director of building housing development and she'll be tag team this morning to talk to you briefly about the tree trust.
And we -- the tree trust itself has been established since 1996.
And has been in existence just about ten years.
The current balance is about a little over $1.1 million.
And the philosophy that when it was established is essentially build it to a million dollars and then be able to take the interest earnings and put that back into acquisition and maintenance, and operations within the -- in the tree rights-of-way and also city parks.
So that's where that is at.
Essentially what we are looking at for this year, we are looking at about $40 that you for the budget year that will go into maintenance of trees out there, looking at contractual maintenance of trees.
That way if we have staff to continue to work on what we call our dead, dying and dangerous trees and allow the other work to work on general maintenance throughout the neighborhoods, rights-of-way and some of our park facilities.
The only expenditure, which I thought it was going to be a big report when I first asked staff to pull it up, was about $108,000 spent on Boy Scout Boulevard back in 2002.
That's been the only expenditure out of tree trust at this point in time.
We continue to seep dollars come in, small amounts, some larger amounts from homeowners to developers.
That's where the tree trust stands currently.
>>MARY ALVAREZ: Thank you, Karen, for bringing this up.
We were kind of concerned about how much money there was in that tree trust.
Do we still have that 1,000 trees, the mayor's 1 that you tree program?
>>> Yes, we do.
We have a 1,000 tree which is a community program, and what we do, staff works on that, and each year we accept individuals that want trees in their rights-of-way or we have areas in parks that we want to reforest.
So our staff, Steve Graham and his staff worked with the community on those tree plantings.
Again that's where some of this maintenance will then go into when you are planting a thousand trees there's a lot of maintenance between water and upkeep and treatments and all those kind of things so we need to make sure we have that covered.
>>MARY ALVAREZ: What happens when the tree is, say, established but nobody is taking care of it because either -- maybe it has fallen over and nobody takes care of it on the rights-of-way.
>>> With the right-of-way trees, what we have asked people to do is contact us through the customer center, and staff will be responding.
Again with the contractual service for maintenance, we may be able to target certain areas where we had some issues, to be able to focus on those and make sure we are able to do a better job maintaining because a lot of trees is a lot each year, and I think urban forest group and the for are he is try group has done an awesome job working with the community, and the community has done a great job, taking care of those trees.
>> And what department do we call for these trees that have fallen over?
>>> Our department.
They can go through the customer service center, which is a great way to log it in.
We can make sure we have all the information.
>> I will call.
>>ROSE FERLITA: Just a quick question, Karen.
Maybe this should be obvious to me but just to benefit from your presentation.
What actually is the criteria that triggers using some of those dollars in the fund?
>>> According to the resolution that was done in '96 it's any acquisition of the trees themselves and maintenance.
They have to upkeep the trees themselves.
That's the way the resolution was designed.
>> So anytime you need to feel that to maintain --
>>> yes.
The advantage with working with contractual services to get to those trees that we may not be able to because we are dealing with a lot of dead, dying and dangerous.
>> Just as a follow quick question.
And I don't mean to put him on the spot.
Steve, you can nod or shake your head.
Do you want to add anything to the presentation?
No?
Thank you.
>>> He did a good job preparing me.
>>ROSE FERLITA: We just saw him prompting you along.
Thank you, Karen.
>>GWEN MILLER: Ms. Cindy Miller.
>> Cindy Miller: Good morning.
Director of housing and business development.
And what I would like to discuss today, just spending a couple of minutes, is in relation to the efforts of both the committee as well as our respective departments within the city as to the tree code and other enhancements that we can make for services for our departments.
And what I would like to outline is what I believe are some administrative improvements that we can make among the three departments that have involvements with trees, whether they be protected trees, grand trees or otherwise.
One thing I can assure you is that the department of parks and recreation, department of business and housing development, as well as code enforcement, are committed to working together to start really implementing a better communication appropriate policies and procedures and enforcement.
One thing that I found as I entered my new position is that members of the public and property owners often don't know the rules.
A lot of us are so involved in what happens within government and what happens in the communities, we focus in on grand trees.
But we don't realize, and a number of members of our community both property owners and business owners, don't realize there are protected trees or their definitions.
And they need to understand a number of these items.
The requirements for trimming a tree, or for removal of a tree, whether it be protected or grand, is often not understood.
And there's often a financial hardship for property owners, whether they be nonprofit organizations, or individuals, that have removed a protected tree that they don't even realize was something they didn't need to be concerned about.
So what we need to develop is public awareness of what the rules and the codes are now and what the ramifications are if the codes are followed.
And what we intend to do working as again the three departments that I outlined is we are going to set up a 24 hour phone number.
One thing I heard from neighborhoods and other parties is, who do you call?
And I don't want to say ghost busters but that's sort of what was in the back of my mind.
Sorry.
But what we find is if we go to a web site with the city, with the Tampagov.net, there are three places to call.
We are going to work so there is one 24 hour number.
I am not going to give the number now because it's not active yet.
But that way regardless of the time of day, the day of the week, the person will have that they are giving to the thereon operator, construction service ifs that's the appropriate party, parks and recreation or code enforcement so we will be able to know if it's 6 p.m. on a Saturday evening or afternoon, as to who is the appropriate person at that particular time to call.
And that way, folks won't have to guess.
They'll know that this is the one number, and we intend to communicate that both through our web sites as well as our other communications we make to public and neighborhood and businesses.
We also intend to modify our permit procedures.
One thing that was identified a couple of weeks ago is again, if I am somebody who is looking across the street and sees either a grand oak or other protected tree being trimmed or removed, I don't know if that person has gotten appropriate permit, and we really don't have a procedure that says we are going to post this permit.
We sort of looked at some of the forms and it doesn't say put it on your garage, put it on the front door, put sought place visible.
So we are going to modify our forms and our policies and procedures so people can do that.
And then also there will be certainly some technical manual changes to update the policies and procedures.
We'll get them written.
We'll get them put into written language so that there is no doubt as to what the policies and procedures are.
As we mentioned, we are sort of tag teaming.
So if you have any questions as to this, I know that Mr. Snelling is sort of the next in line on this particular item.
But I would be happy to answer any questions as to administrative.
>>MARY ALVAREZ: Thank you, Ms. Miller.
You mentioned the web site.
And I think you finally clarified that by saying other communication devices because not everybody has a computer, especially the elderly population that probably doesn't have a computer or knows how to work it.
So I was thinking, your other communication devices would be like the water bills?
>>> Exactly. The water bill, newspapers, neighborhood news letters that go out from the various associations.
Every other means that we can have to put something in there that communicates information.
>> And it needs to be on a constant basis, at least for the first six or seven months, because not everybody has the same problem at the same time.
So it would be good to continue a public service announcement of that kind so that everybody gets the idea of what it is.
And I think included in the water bill may not be a bad idea.
>>ROSE FERLITA: Just one quick comment, and I appreciate these improvements in your department, because lots of times, you're absolutely right, Cindy, on a Saturday, Sunday, people don't know who to call.
They don't know if somebody is acting inappropriately, whether they are permitted or nonpermitted.
I'm sure my colleagues have the same type of calls.
They call because they are panicked.
They don't know who to call.
So the 24 hour number which you refuse to give us (laughter) will be great because it will channel to the whoever is supposed to help them.
I think that's great and I'm sure the public will appreciate that.
Thank you.
>>GWEN MILLER: Thank you.
We appreciate that information.
It's going to be very helpful.
Mr. Thom Snelling.
>>THOM SNELLING: Land development.
Just to complement what Cynthia was talking about, she mentioned there are going to be some specific changes that we are going to ask council to move forward on.
As the committee worked, we have discussed a great many things.
But these items I'm going to ask you allow us to move forward.
I know items, there's good consensus on this.
And they are not terribly controversial.
But some of them are clean-up.
Cynthia already identified one of the changes is the improvement and the cleaning up of the technical manual.
That manual hasn't been revised since about 1988.
The new manual clarifies a lot of the language.
It uses a lot more graphics.
It's more user friendly so that people who are using it both professionals and homeowners will be able to more easily understand some of the requirements and how you do some tree barricading and things like that.
So that we are going to go ahead and move forward. The other change we want to bring to you has to do with green space in lieu fee. This is something that council talked about, if you remember back when we talked about the loss of green spaces for some of the in-house -- or in-fill developments for town homes.
Basically what happens, if somebody is going to request council that they reduce the amount of green space they are being provided on their property and there may be indications where that is an appropriate thing, when that does happen, and we do ask council to reduce the green space, there's going to be a dollar value associated with the green space and we will go back in, and it will create a fee that people will pay into that.
Another thing that we are going to ask you to bring forward, right now the only trees that we ask people to remove is pepper and Australian pine.
They have expanded the list of nuisance trees, that it's going to be required -- we have expanded that list and we are going to bring that forward for you as well.
Another thing is when grand trees are going to be trimmed, is that a certified arborist will have to be consulted and be on-site when the thing is being trimmed, and they'll mark it and things like that.
So that's closer toward enforcement too because I think if the trees are trimmed properly and there is a certified arborist on board watching out it is being done or actually doing it themselves a lot of the complaints, many of the complaints that council gets phone calls on about somebody butchering a tree, hopefully that will address some of that problem as well.
And then also we are going to expand the list of protected trees.
And then clarify that definition.
You know, those items, although on the surface, don't seem like there's a great many, will do a lot towards clarification, maybe make code a little easier to understand for folks when they are on private property as Cindy referenced.
A lot of times people are confused about what they should and shouldn't do.
This will help clarify that.
That's what we are going to ask for.
And the question, it beg it is question, now, with all the work that this committee did, why are we just kind of -- reduce the number of proposed changes?
Basically sometimes you have to take a step back to take two steps forward.
And that's kind of the scenario here.
And we feel that after we looked at the code, it's a pretty good code.
I mean, it's not as horrific or as bad as what we thought.
Because there are some changes that still may need to happen.
But we feel that when we start -- when we started this thing, Ms. Miller and Ms. Palus were not in their current positions.
Now you have two department heads that are talking more, communicating more, more committed towards the enforcement aspects of this than had existed before.
So we feel, let them try to do their job and go after this and do the enforcement aspect a lot better before we start making changes that may not need to happen.
So that's kind of what we're doing.
>>LINDA SAUL-SENA: I want to compliment both Mrs. Miller and Mr. Snelling on the proposals that you brought forward today.
I can't wait till we have the number.
Because I need it.
People call me all the time and say, what do I do?
I think posting the permits will go a long way to let the public know, is this appropriate or is this some guy with a chain saw and just fly by night?
And Mr. Snelling, the list of things you brought to us today are more modest than the things we discussed before.
Mr. Snelling and I worked together, and we weeded out all the controversial stuff, which personally is kind of frustrating because some of the controversial things are things that I think we should do, but in an effort to like get something going, we took them off the table for me.
We figure if we can just get enforcement going, a phone number, some of the basics, then we'll work on more complicated stuff down the road.
So I thank you for all your work.
And I encourage council -- what would be our next step?
>> Well, what we'll do is make changes that Cynthia and I asked you for.
We'll prepare an ordinance and go through a normal ordinance.
It going to have to go to Planning Commission because it is a planning code which has to go to Planning Commission.
We'll schedule on the Planning Commission, it will go there and then come back from the Planning Commission to City Council for public hearing and review and approval or amendment.
>>GWEN MILLER: Thank you, Mr. Snelling.
I would like to announce that the tree ordinance workshop will be held at the end of the agenda when we complete our agenda.
Oh, that's the workshop?
>>LINDA SAUL-SENA: Madam Chairman, I know some members of the public are here specifically to talk about this and I know these people are getting ready to get up and leave.
Could we allow the public to speak on this now while the people who need to hear this are here?
I would like to move that we allow the public to speak on the tree and landscape thing.
People have come down specifically for this.
>>ROSE FERLITA: That poses some concerns on both sides, because I thought we weren't going to do that.
If there's one person or two people or three people, then fine.
But we are going to have to do a balance.
I don't want to inconvenience the people that are here for the remaining agenda.
And Mr. Shelby, you're looking at me kind of questionable and I'm looking at you kind of -- is this what we are supposed to do?
>> Well, I don't know if this constitute add workshop.
>>GWEN MILLER: We have said last week that the workshop will be at the end of the agenda.
And I didn't know this was the workshop.
I thought this was just discussion on --.
>>MARTIN SHELBY: I guess this was discussion on administrative issues.
>>LINDA SAUL-SENA: So people will have to wait until the public participation.
Then I would like Mr. Snelling and other people to listen to what they have to say.
>>GWEN MILLER: It was going to be at the end of the agenda because I have had calls and they wanted to know what part of the agenda it was going to be held and I said at the end of the agenda because we made the announcement last week that we will have it at the end of the agenda meeting.
>>LINDA SAUL-SENA: We did?
>>GWEN MILLER: Yes, we did.
We made a motion.
Can you put us on the right track?
>>MARTIN SHELBY: No.
(Laughter)
>>ROSE FERLITA: Madam Chairman, would you allow me to ask how many people are here to speak on this?
>>GWEN MILLER: How many people in the ordinance -- audience want to speak on the tree ordinance?
>>ROSE FERLITA: That took care of that problem.
>>GWEN MILLER: So we will move on then.
I see our special guests have arrived.
Providence Christian school.
Do we have a spokesperson for that school?
Would all the students of the school please stand to be recognized?
(Applause)
>>GWEN MILLER: Does anyone want to say anything?
>> Our school started in 1965.
We are very old school, Christian school in Hillsborough County.
Our church is over 125 years old.
Providence road in Riverview was named for our church, after our church.
And we are in the process now of renovating, updating our property and we are excited about that.
Excited about being here today.
Thank you so much for having us here.
>>GWEN MILLER: Would you give us your name, please?
>>> I'm sorry.
Just trying to get away.
>>GWEN MILLER: I know.
>>> My name is Dolores rebar.
I teach fourth grade there.
And Holly Callie is our other fourth grade teacher.
We are very glad to have her.
>>GWEN MILLER: We are very glad to have you with us this morning.
We would like you to come back and see what government does.
(Applause)
>>MARTIN SHELBY: Madam Chair, just to get back to the workshop issue, there is an opportunity for those people who are anticipating having to contribute coming at the end of the meeting during general audience, general public comment, to have an opportunity to share things with council that they may have anticipated coming into a workshop to do.
>>GWEN MILLER: Thank you.
Mr. Shelby, you signed in.
>>MARTIN SHELBY: Yes, thank you.
Pursuant to council's motion I have prepared a resolution declaring May 1-7 as drinking water week and I would ask it be allowed to walk on, and that it be passed and adopted.
I provided that to your mailbox.
>>GWEN MILLER: Do we get a motion and second?
>>LINDA SAUL-SENA: So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: Rose Ferlita seconded the motion.
>>ROSE FERLITA: Yes, I did.
>>GWEN MILLER: We now go to committee reports.
Ms. Mary Alvarez, parks and recreation.
>>MARY ALVAREZ: Just one second, Madam Chairman.
I have a new toy here that I'm having to work with.
>>GWEN MILLER: I'm sorry.
I'm going too fast.
I'm sorry.
I turned my page too fast.
Is there anyone in the audience to ask for reconsideration?
>> My name is Joseph Diaz.
If I may call Mr. Snelling in here, I believe Mr. Snelling is going to talk with respect to the reconsideration that we are going to be presenting to you today with respect to a wet zoning that appeared last week.
>>THOM SNELLING: Land Development Coordination.
What happened in this particular scenario, the applicant had submitted his application when Mr. Cowell was still with the city.
As you know, did he the wet zonings.
It was right toward the end where people were wrapping up a number of projects.
And the petitioner, his corporation had dissolved, and that's where he had submitted the application for.
So technically it was not a complete application, was not a proper application.
The department had notified land development, and what had happened is that we did not notify the applicant that his petition was incorrect.
And this is one I think where land development may have made a mistake, and it wasn't the petitioner because he continued to go forward with an application that was not complete.
All I really wanted to let council know is that I don't want a mistake or error done by my department to effect what happens to a petitioner in his rate to petition his government.
All of the issues that they are going to have with this thing, that all has to be taken care of but in this case I just wanted to clarify, there was a mistake made by land development.
And it was done right toward the end of a person's employment.
And one of those things that literally the proverbial "got lost in the cracks."
I just wanted to make sure that I communicated that to you because I don't want something that my department did effect something that is important to an individual.
And the wet zoning is just a process that we didn't complete properly.
>>ROSE FERLITA: Mr. Snelling, I appreciate your straightforwardness that you always come in that manner.
So then are you making some sort of a recommendation based on that?
>>THOM SNELLING: I think Mr. Diaz is going to express to you what he thinks council's options are.
Our recommendation is to make sure that we are doing it the proper way.
Mr. Shelby can weigh in on what the proper procedure is if this is the case.
Mr. Diaz is here to speak on that and to offer potentially what he thinks is legally proper for council.
And Mr. Shelby can also do that as well.
My role in this whole thing was just to communicate to you that in the very beginning an error was made that had an effect on the outcome of the case.
And I don't want the error to be the reason that something happens.
I want the proper process to be followed.
>>ROSE FERLITA: Mr. Smith is sneaking out of here.
Do you notice that?
Let's just hear what he has to say, Madam Chairman.
>> Joseph Diaz, office at 2522 West Kennedy Boulevard.
The petitioner submitted his petition on January 27th of this year.
Apparently on March 11th, Cate O'Dowd sent an e-mail to Pete Cowell that said, hey, look, the petitioner corporation has been involuntarily dissolved.
This matter was set for hearing on March 17th.
That was never communicated to the petitioner.
What they told the petitioner was, look, you messed up doing your institutional notice.
So they continued the March 17th hearing until last Thursday.
My client went and complied with the institutional notice requirement.
The best I can understand, last Tuesday, Cate O'Dowd calls the person who is now handle the wet zonings and says, whatever what happened with W the reinstatement of that corporation?
Says, don't know what you're talking about.
Go look in the file, and lo and behold there is the e-mail that had come from Cate to Pete.
They called the petitioner and tell them, are you aware of the fact your corporation is dissolved?
No, I don't know what you're talking about.
Says, well, look, why don't you send us a request in writing asking for a continuance so that you can reinstate your corporation, and you won't need to appear at the hearing on Thursday.
So there was a fax sent to land development requesting that the hearing for last Thursday be continued.
Petitioner came to see me this past Tuesday and advises me of his problem.
So I immediately prepare the paperwork and send it off to the Secretary of State to reinstate the corporation.
If council wants to see it we have proof that was sent out by United States postal service express mail.
The mail has arrived in Tallahassee.
Once the state processes that application, which is going to process either today or tomorrow, then that corporation will be reinstated.
The reinstatement statute specifically says that when the reinstatement occurs that the restatement is retroactive to the date of dissolution as though the corporation had never been dissolved.
Unfortunately, my client didn't come last week because he was under the impression merely submitting this request for extension was all he needed to do as he had been told and he did it.
This matter came before council initially.
You all granted an extension.
Then somebody appeared in the audience, spoke in opposition, you all heard some testimony, and then rescinded your extension and denied the request for the extension.
If you wanted to present any evidence with respect to where we really strongly disagreed with what was presented to this council factually, we'll be more than glad to do it.
But I think really what we are here today is we are just looking to set the denial aside, because it was through no fault of my client.
He did what he was told to do.
>>ROSE FERLITA: Mr. Shelby, unless you want to weigh in on this first.
It appears that based on what Mr. Diaz is telling us and Mr. Snelling's comments, I was obviously on the prevailing side.
I think I was the one that made the motion to deny.
Don't remember.
But I think it would be appropriate to consider if that's something we can do at this point.
I would like to hear from you.
>>MARTIN SHELBY: You sure can. Just a blanket statement, if I may.
It would be a mistake for anybody to communicate through anybody that by the end sending of a letter council will continue something.
As a matter of course a continuance is not a right, and it is council's discretion as to whether to grant the continuance.
Therefore it would be a mistake for anybody to make any representations as to what council would or would not do.
And that's for future reference.
But as to this case, I believe it would be appropriate to make a motion to reconsider if council so wishes, and then what would need to be done is -- would it be an amendment, Mr. Massey?
Would a fee need to be waived in this situation?
Of course it would have to be renoticed and reset for a public hearing through all the notice requirements.
>>MORRIS MASSEY: Cate O'Dowd -- I don't know whether the fee could be waived but it's possible if it's staff error.
>> I think it should be waived.
>>MORRIS MASSEY: We do have a provision in code for staff error that it be waived.
>> Motion.
>> Second.
(Motion carried)
>>ROSE FERLITA: But it's really important to reemphasize what Mr. Shelby just said.
Given the circumstances here, I think that's why we are all supportive of a reconsideration.
But for the general public as we go forward in policy eh and Mr. Shelby, you're absolutely right -- a letter of that type of request for continuance doesn't tell us what we do or not do.
I don't want anybody to walk away with from this particular issue to determine that that's what guides us to lead to continuance or not.
Nothing to do with your case, Mr. Diaz.
>>KEVIN WHITE: I wanted to say from my support standpoint on this, in supporting the reconsideration, I just want you to know, from the previous people that were here testifying in this said that there were more people within the neighborhood.
I just want you to know this is still probably going to be an uphill battle for your client, and the support of the reconsideration is in no content supportive of the position.
>>> Mr. White, just so you're aware of all the concerns you had about the tree hearing, that whole back room is everybody here in support of this petition.
If you want them to stand, we welcome the opposition.
Okay?
Because I think that when we bring forth our side of the case, I think it would be substantially different from what you have heard.
>>KEVIN WHITE: Okay.
>> All we want is the opportunity to present this to you.
And we have no problems with renoticing.
We think that's the right thing to do.
We don't want to hide from anybody.
Let them come on down and let's hold our hearing.
>>GWEN MILLER: Thank you, Mr. Diaz.
We'll be waiting.
>> When do we set a hearing date?
>>MARTIN SHELBY: The vote on the motion to reconsider.
>>GWEN MILLER: We have done that.
>>GWEN MILLER: We'll do it again.
All in favor of the motion say Aye.
Opposed, Nay.
(Motion carried)
We have to renotice.
How long?
>>THE CLERK: 30 days.
>>MARTIN SHELBY: Do you want to do it by resolution?
Do you want to set the date?
>>THE CLERK: At least 30 days.
It has to go out to at least June.
I'm sorry.
>>GWEN MILLER: When is the next wet zoning?
June what?
June 16th.
>>MARTIN SHELBY: 10:00?
>>> Diaz: What date?
>>GWEN MILLER: June 16, 10 a.m.
>>> That's fine.
>>GWEN MILLER: All in favor?
Opposed?
>>> Thank you very much, council.
Appreciate it.
(Applause)
>>GWEN MILLER: Is there anyone else that would like reconsideration?
>>> 3203 West Palm Avenue.
I would like to ask for reconsideration.
I think you all just did number 5 this morning on second reading about chapter 9.
>>GWEN MILLER: We haven't done that yet.
>>> You had first reading.
>> We have not done our second readings yet.
>>> I'll discuss that then.
Thanks.
>>GWEN MILLER: We'll get to that.
Now we go to our audience portion.
Is there anyone in the audience that would like to speak to any item on the agenda not set for public hearing?
>>STEVE MICHELINI: I'm here on behalf of my father.
Item number 34 is a subdivision that's being named in his honor.
Basically, that's a testimonial to him and to what he has done for me and my family.
He is suffering from a case of Alzheimer's, and basically he will not know or understand the significance of the actions that you take here today.
Briefly, I wanted to put on the record some of his accomplishments in life, and he was born in 1925. At the age of 18 he left school and became a military officer in the United States Army Air Corps.
He worked through elementary and junior high school with a paper route, helped support the family during the depression.
He moved to Georgia as a candidate for officers candidate schools and military pilot, became a pilot, met my mother there and married her, and the rest is history.
He basically offered us the opportunity to go to school, supported us through our lives, paid for our college, and enabled us, enabled me to be where I am here today.
And so as a testimonial to him, and to all that he's done for me and my family, we are naming this subdivision for him.
And in the future, as you know, we'll be naming subdivisions after fallen police officers and firefighters.
This is one of the last of the subdivisions that was already in the process.
And we respectfully request your approval on that item.
And we thank you for your consideration.
>>GWEN MILLER: We will vote on it when we do committee reports.
>>ROSE FERLITA: First of all, I'm sure that this is heartfelt sentiment from Mr. Michelini.
It's always difficult when you are talking about your own family.
I'm sure it was very difficult for him to not get a little more teary than he was obviously prepared to do.
In addition while Steve is here saying thanks to what his father has done for his family and the community I want to briefly -- and I think this is an appropriate time -- to say thank you to Steve.
Ms. Saul-Sena and I attended Gorrie's groundbreaking yesterday at noon.
And they have been working long and hard to get their recreation center, gymnasium, however you appropriately tag it.
And it was a long process and there were a lot of committed students that raised the money and parents that were proud of the kids doing what they had to do.
And I didn't realize till we were there yesterday that Mr. Michelini worked on that project for W them for quite a long time and went through city, county, all kind of issues, and he did that free of charge to them.
And I thought that was a very nice thing to do.
So Steve, I want to thank you on behalf of Gorrie since I'm one of the neighbors.
>>GWEN MILLER: Mr. Michelini is that kind of guy.
You didn't know that?
But we wanted him to get teary eyed.
You stopped him too soon.
>>> What I asked the clerk to receive and file was basically a poem testimonial to my father that I wrote to him before he passed to the point where he was not lucid anymore.
It's unfortunate.
He's had a tremendous contribution, and his impact on a number of people's lives.
And Alzheimer's is one of those terrible diseases.
It sneaks right up on you.
And before we knew it, he had a very severe case that was beyond treatment.
So, anyway, he's in a medical center.
My mother and my sister care for him along with a medical assistant.
And we'll be seeing him soon.
But for the family, I appreciate the recognition, and always appreciate what you do for this community.
So it's one more thing that we can do to give back for all the services that individuals have provided.
And I'm not sure at 18 when you turn that age, and the country is facing a world war, and you leave your graduating class on your birthday, and you take a train to St. Louis, and you enlist in the Army, and say, okay, that's what I'm going to do. And many, many people from all over the country did that, when their birthdays came and they turned 18, they volunteered, and they supported this country.
So I thank you for your support.
>>GWEN MILLER: Thank you, Mr. Michelini.
Next.
>>MORRIS MASSEY: Good morning, ladies and gentlemen.
My name is Moses Knott, Jr..
I reside at 2902 East Ellicott street where I have H a business 40 some years naught hauling.
And I thank God for his grace and mercy to be here one more time.
Got a part-time job takes me out of town sometimes.
Thank God for that.
I want to speak about the prayer this morning, and speak speech the mayor made this morning.
You know, when people -- I'm a praying man.
A man just told me, I had a thing happened to me yesterday, could have got killed.
Rich man told me, Mr. Knott, you must do a lot of praying.
I said, I pray all the time.
Pray more than Daniel.
Daniel pray three times a day.
I pray all day.
Thank God for my supporters.
And I also thank God for my enemies.
They are the one that is keep me on my knees praying all the time.
But I want to speak about the mayor this morning.
You know, I love the mayor.
And I love you all.
But I don't trust you all or the mayor.
But, you know, I'm saying I love the lady. This lady got a good heart in her body.
And I tell people all the time, if a person got a bad heart you run for your life.
But she got elected because she's good-hearted and she come from behind.
She didn't ask for nothing.
All she said, I'm going to build some apartments downtown.
That's all she promised anybody.
They didn't ask for nothing and they elected her.
But this morning what got me, the straw that broke the camel's back when she talk about the museum, she's going to spend all of this money, and say we don't charge no money.
One of the biggest motels in the world, big swim pool, everything, they said every room will be $500 a day.
Now, when Dick Greco opened the stadium over there, I didn't know how much money it was going to cost and all of this, but turn around and let those tourist people come in and rent a room, I said -- if she do get this thing downtown, make those snowbirds pay.
You don't come in no town and get nothing free.
You don't leave here and go to Las Vegas or New Orleans, where you pay for everything.
I don't believe in that free stuff.
Ain't got no money.
This downtown ain't got no money, nowhere to get no money from.
And I can't see that.
And I agree with that.
I agree we should have a nice place downtown and all this here, you know.
I'm one of the gays that helped create out there.
I was for the school but not for no Bucs, you know.
People come in from all over the world, I mean people come in, come into Ybor City and to the bus station, and then go to a place.
Free?
Make them pay.
Don't you all fall for that free stuff.
>>GWEN MILLER: Thank you.
Next.
>> My name is Lori Genesis.
I'm hear to speak on item number 20 and I'm not sure if it's handled under departments and if it's appropriate for me to speak now.
>>GWEN MILLER: He signed up for number 20.
>> I think he skipped over so I don't know --.
>>GWEN MILLER: Is Mr. Snelling still out there?
Oh, there he is.
Number 20, Mr. Snelling.
You didn't talk about it.
>>THOM SNELLING: You're going to ask me questions and I'm going to say, Gloria, come here.
Thom Snelling, Land Development Coordination.
There's a process, and Ms. Genesis asked about whether they followed the procedure and process.
When we talked further, they talked about whether it needed to be a PD for rezoning and followed the requirements to develop the property, whether they had to go through and subdivide, the final platting was out of order, and what happened at that point was probably when the project came in was coming as a rental unit, and later on when they had it move forward, they decided to divide it into fee simple.
So the process, you know, when we looked at it, that we believe that everything that was done to build these houses was done procedurally correctly.
As we talked to Lori a little bit more, some of her concerns had to do with subsequent activities that have taken place on the property, in regard to some tree issues, in regard to landfill -- not landfill, but fill dirt kinds of things and how that affect the drainage as well as how it affected some off-site improvements for utilities.
I'll let Lori get up and explain to you what her concerns are, and then answer questions based on that.
Because I believe though there may have been some subsequent things after the classes, or the project was approved, and moving forward, we believe that the process they went through to get approvals was done correctly.
But I'll let Lori speak on that.
>>LINDA SAUL-SENA: Are these places that already have their COs?
Are there people living in them?
I mean the question is --.
>>THOM SNELLING: Which one was COed?
3406 Barcelona is complete and people already living there.
The one on 3410 Grenada is going through the development process right now.
>>GWEN MILLER: You may come up and ask your question.
>>> Thank you.
Lori Genesis, Barcelona street.
This particular situation that I brought up to council's attention and requested some guidance and further information is based on a long-standing problem.
We had a development come to the neighborhood that was the first four-plex or what I'll call maybe a quad, that came into our neighborhood in the last 15 years.
So everyone questioned it.
We had some neighbors go to the Hillsborough County public appraisers office they found out it had a PD so the initial question to council is how did they get a PD because we were never noticed on.
When I had a freedom of information request pulled, I didn't get all the documentation.
I wish I could come to you with more information but I didn't get it.
Way did get off the plans submitted was a document that they submitted indicating the zoning was a PD.
MU, multifamily.
As we go forward the problem is this has already occurred, we already considered a black eye to the neighborhood but they are proposing the same exact thing, one block away.
One of the concerns that I had is when you follow the subdivision code, the subdivision code is very well written and that's what this applies to because it's four single-family attached units.
The subdivision code has a very explicit procedure in here.
Do you not start any land clearing or any permitting until you get your subdivision plat.
They did not do this.
When you go forward in a subdivision language, they say, look for any improvements to the site and off-site.
Barcelona floods notoriously.
They only had on-site swells which consist of the entire backyard of the structure.
It's ridiculous.
Even city language in the freedom of information act says that, too.
Going forward, a potable water line was installed on this property during hurricane season.
According to the subdivision code, they should pay for that.
The developer should pay for that.
I think taxpayers paid for that and I cannot find that answer in my freedom of information request.
Going forward, what they proposed to do on Grenada, same problem with the potable water issue there, the same problem with the stormwater.
I think we need to look at these subdivisions that are popping up, in this particular case these are the only ones I can speak of, in my neighborhood.
But what we are looking at is follow the code.
We haven't seen it.
This site has had numerous, numerous violations.
And I can show you photographs and pictures.
The problem is, nothing is happening.
And as a neighborhood we are just sitting back watching it happen and it's going to repeat itself one street over.
I brought the tension of the construction service center we have a lot of code violation problems.
And they are not fining them.
Going forward looking at the big picture of what they are proposing to do with this subdivision and what the benefits are, they are not.
According to the subdivision code it says to prevent periodic and seasonal flooding within a development, to coordinate with land development in accordance with orderly physical patterns, discord haphazard and premature land development.
The code is there to protect the surrounding area from having this type of problem.
And what they are looking at, all the violations, Barcelona street, they are already occurring on Grenada street.
They have no permit to land clear.
They land cleared.
They took out all the tres on the property.
There's no tree survey on the property.
I would be happy to show you the photographs.
This is what the property on Grenada street used to look like.
Thank you.
And this is what it looks like today.
Completely cleared.
>> Excuse me, we are not seeing that.
>>GWEN MILLER: Pass them around.
>>ROSE FERLITA: It's working now.
>> Okay.
That was the before.
And this is the after.
This is just for Grenada.
Completely clear.
There were trees on the property.
Neighbors called.
They are just gone.
There also was a well on the property that I don't think they abandoned properly per SWFWMD procedures.
They basically came in and razzed this property again.
3410 was the grand tree removed -- well, legally but under false pretenses.
They never paid the fine for that.
That 3410 Barcelona street on the site plan says they are supposed to have 38 trees.
Don't think so.
I'd like to see that.
None of the records in the freedom of information request I obtained confirmed any of our suspicions.
>>GWEN MILLER: You need to wrap it up now.
>>ROSE FERLITA: Thom, can you tell us what's going on here?
I may have a couple more questions of Lori.
Should we be asking construction services to report on why this is allowed to be built?
Just help me.
>>THOM SNELLING: To answer your second question, yes.
Perhaps construction services can talk about some of the issuance of permits and that.
In terms of the subdivision code, I may have to ask Morris on this as well.
You are required to subdivide when you do sell off land.
When someone comes in -- and Lori is correct, the code is very clear that that says if you are doing this that you have to have your subdivision done and approved prior to going forthwith with construction.
In this case if they get permitted for three rental units, then they'll get started and then afterwards perhaps come in and will subdivide.
Sometimes that happens.
And if they move it out of sequence.
We've talked a little about what kinds of things we can do to perhaps avoid that.
But if someone comes in, and they are not being forthright about that, it's difficult to make them be forthright about that.
You can try to build in some improvements.
One of the -- one of the things we had talked about for item 12 -- RM-12, RM-16, RM-18, when you start to do some of that development, is to make it an S-1, is to make it perhaps even an S-2 as a public hearing, but discuss that kind of thing, making sure that some of these things are addressed.
In terms of the flooding, in terms of the subdivision, if they are reviewed, and what they are proposing -- and this may be at the level of the threshold of the standards that are being required -- if they put a swale behind a garage and that's what stormwater requires them to do for these three lots is put that swale in there, then that is in compliance with the code so the question isn't so much that they didn't do it, that perhaps they did it and the standards need to be looked at again differently.
And I know that stormwater is currently doing that.
So that notion is already underway.
In terms of doing work before they had their permits, in terms of taking things off, I don't have the record of what permits they received or didn't receive.
You have to ask someone in Construction Services Center exactly the steps of which permits they acquired an and which ones they did not.
You know, our involvement in this had to do when we were talking about this who H to do with making sure that when they are required to subdivide, yes, they did go through that.
And whether or not they were required to do a PD, they are not actually required to do a PD.
The code is, it says if you are doing a PD, you may submit it concurrently.
But I don't believe that ended up being a PD.
No.
And there was some confusion there.
And the way that the code reads, it says if you are doing a PD, you may submit your PD as part of your subdivision review.
They were not doing a PD.
And that's just a matter of clarifying that language.
It's always been interpreted that way for the 12 years that we have been there.
>>ROSE FERLITA: I'm grasping for something to do to try to respond to Ms. Genesis frustration.
She's got this on Grenada, and on Barcelona.
The potential is more unless we do something that's real.
>>THOM SNELLING: I think one of the things that we are considering is to take and look at the RM-12, RM-16, RM-18 districts, and treat them a little differently, to get more of these things discussed on the front end.
And maybe in front of council so you can get additional assurances, more compatibility issues.
We look at additional on-site improvements and where they need to go and things like that.
She said the number of trees.
I don't know how the tree table works out but I don't know that you are going to see that many trees on this site afterwards.
>>ROSE FERLITA: Mr. Massey, do you have anything to help us through this dilemma, or any comments you want to make?
We don't want to put you on the spot.
>>MORRIS MASSEY: To be honest with council I'm not familiar with the facts of the case.
But what I'm hearing is that they had the correct zoning to do a multifamily development on that property.
And they development it in accordance with the RM standards that were applicable for that property.
Therefore, there is in a zoning change had to come before City Council.
Now in order for them to develop and sell off, anytime you divide ownership of existing parcels of property, they divide it more than once, it has to go through the subdivision review process under city code.
So if they are dividing these lots off, into two or more parcels, then they are required to go through the subdivision review process, which apparently they did go through the platting process.
Now that process does not effect zoning.
They have to develop in accordance with the zoning code all applicable city codes and permits.
There's no waiver process really in the subdivision code other -- there are a few, but really you have to comply strictly with city codes in order to build under the subdivision process.
So apparently they have filed a subdivision plat, from what I understand, in order to sell off these units separately.
Now I don't know whether that came in originally for permitting.
It sounds like they came in saying there would be dwelling units when it's not -- that doesn't cause a subdivision platting process.
It sound like some of the issues that I'm hearing are related to the issuance of permits and whether permit were properly issued for the removal of trees, what was the sequence of the issuance of the permits in relation to the plat, was that proper?
Whether they complied with all our technical standards relative to drainage, tree removal and all those sorts of things.
Probably our questions are more appropriately addressed to the Construction Services Center.
>>ROSE FERLITA: And I think it's a point of discussion we have to do that and wave to do it very quickly.
>>THOM SNELLING: And Lori and I were talking.
One of the things we had proposed, this is the area that the Planning Commission agreed on Monday, recommended for the City Council, from R-20 to R-10.
Subsequently there's going to have to likely be changes, revisions to the code.
There's a lot of RM-12 -- primarily on 16.
There's some RM-12 and RM-18.
But one of the possibilities is to look at when someone is coming in for a town home style development in an RM-16 zoning is to make that an S-2 and then the notion of one of the things that you are requiring us as part of the S-2 review is things are developed in character with the neighborhood, the scale, the massing, things like that.
Those are the kinds of decisions that if someone is wanting to develop in an area that council has the right to look at those things, the scale of what's going on, the compatibility issues with the neighborhood and you can address some of the things that Ms. Genesis is concerned about.
The other thing, like I say, are questions for the construction service center.
But the stuff on standards, how we are will go at flooding and water and sewer, that's being done right now globally for the entire city.
And it not just this area. This area is certainly one of the areas that it perhaps more prevalent in.
But it is a city-wide issue.
I know that stormwater is taking a very serious look at standards of how it's operated.
But from this particular question and things in the future that may happen in this area and in other areas of the city, it's not just here, council does have the ability to make that type of development on an RM-16 or 12 or 18 when you are coming in for town homes, that you do make it an S-2.
If you have the compatibility kind of issues, and to address some of the questions that Lori has, certainly not all of the standard issues but certainly the compatibility issues.
>>ROSE FERLITA: First of all let's get some of this off the table.
Let's make a motion that construction services not waste the time to come back and give us a report.
That's fine after the fact.
But I think what they need to do is get out there, look at the site and decide what they have done appropriately or not, and penalize them accordingly.
Do you have something else to add to that?
>>LINDA SAUL-SENA: Yes, I do.
I remember this tree come down.
They said we have to get rid of the tree because it's hurting the house.
So guess what.
They took down the tree.
Then they took down the house.
Then they divided it.
So there's been a history here of lack of candor by this property owner.
And they were fined.
So I would like whoever is supposed to track fines to also add to the report, where is the fine that they are supposed to have paid for the illegal tree removals?
And where -- and how can we possibly consider permitting something when they didn't provide site plans with the tree survey as part of it?
I mean, all those things have to be in place before we approve things.
And it sounds like -- it just sounds like they have not provided this.
And I want to know what punitive things we can do at this point in terms of finding, in terms of holding up their platting, in terms of making the property owner responsible for doing an end run around our process.
That's very disturbing.
>>MARTIN SHELBY: From what I understand from Mr. Snelling one of the properties has not yet been issued a certificate of on pansy.
>>LINDA SAUL-SENA: At the very least we should stop that.
>>THOM SNELLING: This is the representative of that property.
He may be able to shed some lit for council.
>>GWEN MILLER: Ms. Alvarez, do you want to add something to that motion?
>>MARY ALVAREZ: I want to make sure the construction services came over and talked to us because this lady said they haven't been responsive to her questions.
>>ROSE FERLITA: And I agree with you.
But I don't want them to waste -- to come here.
I want them to do something before.
And then report back to us.
>>MARTIN SHELBY: I want to be clear on the motion.
The motion -- a request of council for construction services --.
>>ROSE FERLITA: To visit the site, decide what the owner or the developer has done in violation of our regulations and take action accordingly.
>>MARTIN SHELBY: And to reaffirm that the permits have been issued in accordance with applicable rules.
>>ROSE FERLITA: That's right.
And if they have not been to certainly stop the process to determine what they have to do or not do, and subsequent to that come here to tell us what action they have taken, and what else we can do as a council to continue trying to help this neighborhood through this issue.
>>GWEN MILLER: We need a second.
>>LINDA SAUL-SENA: Second.
(Motion carried)
>>GWEN MILLER: Next.
Do you need oh to say something?
>>> My name is Paul Wiser.
I live at 1005 South Sterling Avenue, and I represent the builder that you're speaking of, Devonshire Properties.
There's a wealth of misinformation that's been going on just a few moments ago.
With regards to a tree that's on Barcelona, 3410 Barcelona, prior to the town homes were constructed and prior to the purchase of the property, the tree was removed by the original owner.
It was not removed by Devonshire Properties.
So I don't believe there was a fine for us.
I don't believe so.
We did not remove a tree on that property, the tree in question.
We did, however, comply with all tree requirements so that we could get our certificate of occupancy on that property.
We planted oak trees, required a number of treason that property.
As for the drainage on the property, it might be just apparent to the naked eye as you drive by it looks like a swale in the backyard or down the side yards.
We actually have an extensive drainage system that is underground on that property, and has about a 16 to 20-inch pipe, as we had met with Alex Awad with the stormwater management division of City of Tampa, and complied with all of his requirements on that property.
We have complied with -- also when it was said we did do D not submit a site plan with trees on it with the most recent clearing of Grenada property, that is incorrect.
We had a demolition project and did not commence demolition until that permit was in hand.
All of the trees that were on that property that were removed were acceptable, and listed on the demolition permit to be removed.
The majority of those were orange trees and were not protected.
The oak trees were barricaded and were not infringed upon in any way.
The proper barriers were put up.
And I just don't appreciate the misinformation that is being said out there about our company.
Thank you.
>>ROSE FERLITA: I just want to make a comment.
Stats are stats, but this is certainly speculative and it's certainly opinion.
But I was out there at that other site with the neighbors and I have got a sense -- and this has nothing to do with facts or anything else, just observation, sir -- and I suspect that that property owner would not have been so motivated to chop that tree down if they didn't have some anticipation that you would be buying that site and doing something.
And that's just simply my opinion.
I just wanted to put that on record.
Don't want a response from you.
Don't want it.
>>GWEN MILLER: Would you let us introduce these students before they leave?
>>MARY ALVAREZ: We have a total of 14 kids participating in the "take our daughters and sons to work."
And they are sponsored by the mayor's Hispanic heritage committee.
And we have with us, and we would like -- I guess you're standing already -- but Connie Carter, Melissa forecast, Carl Hanna, Carlos Hernandez, Christopher Hernandez, Delaney Jones, Timothy Jones, Ranna Lopez, Jazel Rapra, and we want to welcome you to the council.
And I hope that we didn't bore you too much.
I know you all have a schedule that you are trying to keep.
So we won't keep you.
But thank you for coming.
And enjoy your day.
(Applause)
>> Paul Goodman, 323 Palm Avenue.
I'd like to talk about item 17 that was being discussed before and get follow some events that I have witnessed that's happened.
And I think what part of the problem is that the city employees need to be accountable.
More ever than just to the City Council and to the mayor, to the citizens of this community.
The idea of global sustainable communities, a lot of times, supports the ideas that animals or plants are more important than decent human productivity.
And I think that's wrong.
I think that when we were constructing our new houses we need to consider the plants and the animals.
We need to be sensitive to this issues.
But people are always the most important.
And that needs to be the primary focus.
And we shouldn't deny potential better development.
We should facilitate it.
And perhaps this body needs to be involved and to have a process whereby by there's a difficult circumstance that the matter can be brought to the public and that the community awareness and sensitivity can be accounted for.
The current tree code has been a problem.
It been hat-wracked for awhile.
It involves code enforcement.
The penal nature of the fines are extraordinary and they are wrong.
Really the process needs to be turned into confetti, a chain saw taken to it and where it began, you know, with this process, attempted to get it accomplished a number of years back and it hasn't been facilitated yet.
And it's time to address it again.
The examples I would like to give you, I grew up on Bay to Bay at Westshore, 3630 Bay to Bay, well over 150 trees, grand trees, protected trees, palm trees.
Back then you could take it down.
We sold the back two lots and the developer built two speck houses.
We had moved out to Carrollwood.
Anyway, the Wilsons lived in the house, were our neighbors, the big brick house at Bay to Bay between Henderson and Westshore, and behind that, there's a couple lots.
They built a house two houses in on the first side of the street the first block north of Bay to Bay just to the west of Henderson.
And the city was involved there.
There was a big protected tree at the corner that would protect the house and shelter from the northwest sun in the summer, and the permitting process saying, yeah, you can pay and get a permit and take that one down, but, no, you can't tip the ends of this grand protected tree which is one of the largest trees throughout the area.
I know from my childhood experience, exploring, et cetera. Anyway, it was a near standoff between the attorneys, large developer, corporation, that was doing the house for the respective builders, and they needed to take out an old junky one-story house to facilitate building a large large-scale two-story house that's beautiful and it's placement.
It all worked out in the end.
But it came down to saying, well, this new ordinance is going into effect, it's effective, and, no, you can't touch that tree now.
And I'm talking about it was ridiculous, needing to trim off the tips that are going to grow out, fine, and the tree is going to flourish.
At the ends of the long branches in the grand tree, whereas the city has taken a position, knock over this good tree that abides.
And I have driven by the house and it's beautiful.
But another circumstance was back when the Hernandos and Fernandez house was being built at 213 Palm Avenue and the city allowed two protected trees and perhaps a grand tree that would have required a variance for the site approval to build the house.
And there was always the variance hearing that said, the compromise was okay, move your house back a foot, trim down, the garage apartment and reduce the square footage and you don't have to tough these trees.
(Bell sounds)
I'm like you have to drive over the trees.
They said you have to come back for the process.
The permitting of construction services allowed with it being on the site plan, et cetera, not a certified survey --.
>>GWEN MILLER: All right.
Wrap it up.
>>> Trees without permits.
Gordon has the photos.
>>LINDA SAUL-SENA: As a follow-up to the previous conversation where Mr. Snelling said perhaps we should make these R-12s and RM-16s and S-2 use so that there is a public hearing triggered, I think that's a great solution.
And I would like to request that per your suggestion, and per the conversations we have had and what's coming back from the Planning Commission, that we request that RM-12s and 16s in this area trigger a public hearing as a special use.
>>MARY ALVAREZ: Second.
>>GWEN MILLER: It wasn't a motion, it was a Q..
>>LINDA SAUL-SENA: No, it was a motion.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: The other issue that I hesitated to bring up before the tree removal thing but I would like council to consider, is that when somebody says that they need to take a tree down because it's affecting their house negatively, we had a request from T.H.A.N. that they not be allowed to get a building permit for a number of years.
Ostensibly the reason for removing a tree is to protect their house they shouldn't be allowed like they did on Barcelona, tear the house down for somebody to build something else.
They were asking to remove the tree because they said it's hurting the foundation of the house.
But then they turn around and remove the house.
If they are really concerned about getting rid of the tree then say, okay, you can get rid of the tree.
You can't build there within a period of time for two years.
So that will discourage people from getting rid of trees under the false reason that it's negatively impacting a structure.
But what they really want to do is add onto their house or tear it down.
I'd like discussion among council members.
It's something that T.H.A.N. brought up during our tree workshops, and it was contentious because T.H.A.N. wanted to be a five-year moratorium, what about a two-year moratorium with the tree thing.
>>MARY ALVAREZ: Mrs. Saul-Sena, I understand where you are going, but this is private property.
We are telling people that they can't build or they can't cut down a tree if it's messing up their foundation or something.
How do we know that they are going to cut -- do something to the house in two years?
We don't know that.
Tell me, how many houses has that happened to?
Was it just that one on Barcelona?
Has it been a lot?
Give me a survey of -- tell me how many houses has this happened to?
>>LINDA SAUL-SENA: I don't know.
>>MARY ALVAREZ: We need to find these things out.
Because I don't know whether it's the right word or not, but Burt Harris keeps coming up.
It seems to me like we keep putting more burdens on.
I think a discussion would probably be the best thing to do.
>>LINDA SAUL-SENA: It's information, the point raised about the widespreadedness of this.
>>MARY ALVAREZ: We always seem to be reactive to something.
Let's be proactive a little bit on these issues.
And listen, I think you're doing a marvelous job with this tree ordinance.
But let's be flexible a little bit.
We are talking about people's property.
You know?
If it happened to your house, what would you do, if you had a tree that was messing up your foundation, what would do you?
>>LINDA SAUL-SENA: I'd get rid of the tree you if it's hurting my foundation but I wouldn't then tear my house down and build townhouses on top of it or build an addition where the tree had been.
>>MARY ALVAREZ: Well, that's what we need to have a discussion on.
>>LINDA SAUL-SENA: I think your point is well-founded.
>>GWEN MILLER: We need to have a discussion like we say, at our next tree meeting.
Do we have another meeting?
>>LINDA SAUL-SENA: No.
What we asked Thom to do is come back to us, this isn't included as part of that.
>>GWEN MILLER: We can have another discussion, bring Thom back in and have a discussion.
>>LINDA SAUL-SENA: Then I would like to make a specific request -- and this is going to be challenging so I don't know if they can get statistics, I really don't -- but if building services knows about the number of requests for tree removes and subsequent requests for building permits.
So that would be my request.
>>MARY ALVAREZ: That's a request.
>>GWEN MILLER: That's a request.
>>LINDA SAUL-SENA: A couple of years, informational, maybe two years of building construction.
I don't know that they keep that specific --.
>>ROSE FERLITA: I just want to say, listening to Ms. Alvarez and Ms. Saul-Sena, and I think that's a challenge to find the balance.
Both property owners and developers have rights and I don't think we need to be extreme in either way.
We can be reactive sometimes when we anticipate a little poke.
But as Mrs. Alvarez, I think we can come to some sentiment that's fair to both sides.
>>MARY ALVAREZ: I like the word balance.
>>GWEN MILLER: We will have a balance, and be proactive.
>>LINDA SAUL-SENA: I think a motion that we give construction services say 45 days or 30 days to pull together this information.
>>MARY ALVAREZ: Second.
>>GWEN MILLER: We have a motion and second.
(Motion carried)
>>GWEN MILLER: Is there anyone else in the public that would like to speak on anything on the agenda?
We are going to go to our committee reports.
Ms. Alvarez, parks and recreation.
>>MARY ALVAREZ: I move items 21 through 22.
>>KEVIN WHITE: Second.
(Motion carried)
>>GWEN MILLER: Public works, Ms. Rose Ferlita.
>>ROSE FERLITA: On behalf of Mr. Dingfelder who is absent I would like to move resolutions 23 through 26, please.
>> Second.
>>GWEN MILLER: Finance Committee.
>>KEVIN WHITE: White I would like to move items 27 through 31.
>> Second.
(Motion carried)
>>GWEN MILLER: Building and zoning committee, Ms. Linda Saul-Sena.
>>LINDA SAUL-SENA: I would like to move resolutions 32 through 47.
>> I have a motion and second.
(Motion carried)
>>LINDA SAUL-SENA: Number 48.
Move an ordinance vacating, closing, discontinuing, and abandoning a certain right-of-way, all that portion of 34th street lying east of 34th Street, west of 36th Street, north of 12th Street and south of 13th Street in revised map of East Bay addition, a subdivision in the City of Tampa, Hillsborough County Florida the same being more fully described in section 2 hereof, providing an effective date.
>> I have a motion and second.
(Motion carried)
Transportation, Ms. Mary Alvarez.
>>MARY ALVAREZ: I move items 49 through 50.
(Motion carried)
>>MARY ALVAREZ: And special event permits, 51 to 54.
>>KEVIN WHITE: Second.
(Motion carried)
>>MARY ALVAREZ: New business, set public hearings for 55 through 60.
>>KEVIN WHITE: Second.
(Motion carried)
>>GWEN MILLER: We didn't overlook you.
I didn't know you had your daughter with you.
Would you lick to introduce?
>>> This is my daughter Allie, a 7th grader.
>>GWEN MILLER: Welcome.
We are glad to have you here.
(Applause)
>>MARY ALVAREZ: She's shadowing you today?
>>GWEN MILLER: We now go -- Ms. Ferlita.
>>ROSE FERLITA: Mr. Knott hasn't been here in awhile and I noticed he was coming up to say something and you probably didn't see him.
Mr. Knott, did you want to say something else?
He started walking up here.
See?
MOSES KNOTT, JR.: I was sitting back there, and Ms. Alvarez, I told you all, you know, I love all you all but I don't trust you.
But two teams times this morning you spoke this morning.
I appreciate what you said awhile ago about people's property and dealing with people's property and everything.
I really appreciate you, hear?
And then I see you tell the mayor this morning about need to do something about one of those streets.
And I agree with that.
That's all I wanted to say.
>>MARY ALVAREZ: Thank you, Mr. Knott.
>>GWEN MILLER: We now go to our ordinance for second reading.
Does anyone in the audience want to speak on items 2 through 15?
Would you please stand and raise your right hand?
(Oath administered by Clerk)
>>GWEN MILLER: Is there anyone in the public that would like to speak on item number 2?
>>MARY ALVAREZ: Move to close.
>>KEVIN WHITE: Second.
(Motion carried)
>>GWEN MILLER: Mr. White, would you read 2, please.
>>KEVIN WHITE: Move an ordinance upon second reading, an ordinance by the City of Tampa vacating, closing, discontinuing, and abandoning all of that alleyway lying in corrected map of Horton and Smith subdivision in the City of Tampa, Hillsborough County Florida the same being more fully described in section 2 hereof receiving certain easements and conditions, providing an effective date.
>> Second.
>> We have a motion and second.
Roll call vote.
>>MARY ALVAREZ: Yes.
>>GWEN MILLER: Yes.
>>ROSE FERLITA: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Dingfelder, Harrison absent, and Saul-Sena absent at vote.
>>GWEN MILLER: Is there anyone in the public that would like to speak to item number 4?
>> Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move to adopt the following ordinance upon second reading, an ordinance of the city of Tampa, Florida amending the City of Tampa ethics code chapter 2 article 3 section 2-658 procedures on compliance or violations by modifying when a copy of the complaint shall be transmitted to the alleged violator, by modifying the number of days an alleged violator has to request a public hearing, by modifying the number of days the ethics commission has to promulgate written findings of fact and conclusions thereon providing for severability, repealing conflict, providing an effective date.
>> I have a motion and second.
Roll call vote.
>>MARY ALVAREZ: Yes.
>>GWEN MILLER: Yes.
>>SHAWN HARRISON: (No response.)
>>ROSE FERLITA: Yes.
>>KEVIN WHITE: Yes.
Motion carried.
>>GWEN MILLER: Ms. Ferlita, number 3.
>>ROSE FERLITA: I would like disclose on April 28th, '05, a measure came or will come before my agency with you will inure to my special private gain or loss, file number C-04-39 in which I am a co-petitioner and owner of property adjacent to the right-of-way.
I would like to submit that.
>>MARTIN SHELBY: Was that 39?
>>ROSE FERLITA: C 04-39.
>>GWEN MILLER: 39.
>>GWEN MILLER: Is there anyone in the public that would like to be speak on item number 3?
>> Move to close.
>>MARTIN SHELBY: Did you want to speak to this item?
Okay.
>>GWEN MILLER: We have a motion and second to close.
(Motion carried)
>>KEVIN WHITE: Move to adopt the following ordinance upon second reading, an ordinance vacating, closing, discontinuing, and abandoning all that alleyway lying east of Taliaferro Avenue, west of Nebraska Avenue, south of Louisiana Avenue and north of Osborne Avenue in Orangedale park located in block 2, a subdivision in the City of Tampa, Hillsborough County, Florida, the same being more fully described in section 2 hereof reserving certain easements and conditions, providing an effective date.
>>GWEN MILLER: I have a motion and second.
>>MARY ALVAREZ: Yes.
>>GWEN MILLER: Yes.
>>KEVIN WHITE: Yes.
>>LINDA SAUL-SENA: Yes.
>>THE CLERK: Motion carried with Dingfelder and Harrison absent and Ferlita as abstaining.
>>GWEN MILLER: Is there anyone in the public that would like to speak to item 5?
>>LINDA SAUL-SENA: Can I get some clarification on this?
>>GWEN MILLER: We are going to get some clarification from Mrs. Saul-Sena, please.
>>LINDA SAUL-SENA: We have had some conversation about upping the number of fines levied by council. Is that included in this?
>>DAVID SMITH: Yes, ma'am.
>>GWEN MILLER: That's it?
>>LINDA SAUL-SENA: That was my question.
>>DAVID SMITH: Good morning.
David Smith, city attorney.
There are a couple of points we need to make before we start.
First what I would like to do is thank Jorge for all of his work.
He is one of the most knowledgeable people in code enforcement certainly in our area and possibly in the state.
This is a very complicated area.
I know you have experienced some of the frustrations attendant to the complexity.
But we are doing what we can to provide you the tools that will allow this process to go forward more effectively.
What I would like to do is have Jorge provide you a brief centimeter -- summary of some salient points.
We'll be her to answer any questions.
Thank you.
>>> Jorge Martin, assistant city attorney.
I would like to advise the council that we have pro predicates, one factual and one legislative to move this amendment along.
In order to have the higher fine maximum limits imposed we need to have population of $50,000.
Excuse me, population of 50,000 people.
And I would like to tell you at this time I have received and file the 2000 census report showing the population of 3,447.
And 2003, 2004.
Those numbers are met, the population numbers.
We also need to have a majority plus one of the entire City Council to enact this ordinance with the higher maximum fines.
Highlights of what the amendments to chapter 9 involve is, one, we have flexibility to name additional hearing masters, and, if necessary, to create other boards.
We found a provision which provides that an owner selling property must give notice of a transfer of any pending enforcement action to his purchaser.
We have a provision for higher maximum fine limits.
We have additional -- an additional remedy, standardized notice provisions, and some definitional changes.
Those are the essential amendments to chapter 9.
And, again, we are available to answer any questions you may have.
>>GWEN MILLER: Thank you.
You may speak.
>>> Paul Gordon Goodman, 323 Palm Avenue.
Chapter 9 is about the process that governs the code enforcement so-called hearing masters, special masters, and the Code Enforcement Board, that they have the same powers, and you're delegating a legislative authority that's statutory and has to be statutorily performed according to chapter 162.
That's how it's been provided.
We are a home rule power type of a charter in our city government.
If we vary from chapter 162, then City Council has to make different rules, and it would have to be done outside of chapter 162.
Otherwise, it must conform with the specific criteria, chapter 162 would be my understanding legally of this matter.
The problem that I have with the -- how the releases are done or City Council, this governing body is accountable and required by the Florida legislature to issue the satisfactions when a property has been brought into compliance, and then a settlement is made.
I haven't found one in all of the public record in times past that the City Council actually has done.
Out of the hundreds of thousands of code enforcement cases, out of the tens of thousands of compliances, et cetera, this is a significant and a huge problem.
It's a great liability.
It probably exceeds the annual budget of the City of Tampa.
That said, the code enforcement hearing master or the Code Enforcement Board, or the director of finance, or -- run by Henry Innes, there was a house at Highland and park vacant for 5 years, condemned, Steve LaBrake signed, had the releases done for over 200,000 in code enforcement, $512.
City challenge fund $100,000 approximate rehab at the house, it sits and it's homestead occupied today with zero tax liability going to the city.
Talking about the Campbell house overlooking island park.
It's a beautiful project.
It got completed.
There were some problems at the end.
But that's an example, where, okay, I bought a new challenge fund house for less than $3,000 of the people that occupied within three weeks.
I went to Gordon homes, asked for releases for the same kind of deal, less funds for a property at 1408 Azeele and he walked out of the room and said he couldn't talk to me about it anymore.
I paid the city over $25,000 for three alleged code enforcement violations concerning -- actually four concerning 14 Azeele and Morgan street.
I'm still waiting for my City Council legally binding lease.
It says there was zero paid in releases done by the Code Enforcement Board, and through Clark Jordan Holmes.
Clark Jordan Holmes should be fired. The city should take back his contract, he's violated the law, he's used the U.S. mail to do so, it's fraud, it's theft, is a part of the crime of fraud, the fines were excessive, they exceeded $5,000, the legal maximum.
They were before 2000.
(Bell sounds)
I ask that you correct it and improve this process.
>>GWEN MILLER: Thank you.
We need to close the public hearing.
>>MARY ALVAREZ: So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: Ms. Ferlita, would you read number 5, please.
>>ROSE FERLITA: Move to adopt for second reading, move an ordinance of the City of Tampa amending the City of Tampa code chapter 9 Code Enforcement Board to update definitions and general language to incorporate recent state legislative amendments including increased maximum fines, mandatory notices upon the transfer of property, manner of giving notices, providing for expanded judicial remedies to enforce fines and liens, providing clarification of review procedures and right to appeal, providing for repeal of all ordinances in conflict, providing for severability, and providing an effective date.
>>GWEN MILLER: We have a motion and second.
We have a question on the motion.
Mrs. Saul-Sena.
>>LINDA SAUL-SENA: My question is, after -- well, let's vote and then I'll ask it.
>>GWEN MILLER: We have a motion and second.
Roll call vote.
>>JOHN DINGFELDER: (No response.)
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>GWEN MILLER: Yes.
>>SHAWN HARRISON: (No response.)
>>ROSE FERLITA: Yes.
>>KEVIN WHITE: Yes.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent.
>>LINDA SAUL-SENA: How quickly did K we get going on sending out the additional code enforcement hearing masters so that we can expedite the process?
>>ROSE FERLITA: About as quickly as we can get the Hanson.
Jorge: We are expecting to have one hearing master per month, with one full day session beginning either in late May or early June.
So in that two and a half month delay before the cases getting to the board and having a hearing on it.
>>LINDA SAUL-SENA: I attended a town hall meeting that the mayor had, and Ms. Ferlita was there, at Chamberlain high school about a week or so ago.
Again, always top of the list, neighborhood concern is code enforcement.
It is the absolute thing we hear more from our constituents than anything else.
And so the quicker the better.
Thank you.
>>MARY ALVAREZ: I just want to thank and the legal department, Mr. Smith, and everyone, the Code Enforcement Board, Mr. Shelby, everyone that was there with the hearings that we were having for the Code Enforcement Board.
It's been a thorn in our side for many, many years and I think we are probably right on track now, and of course there's going to be amendments to this ordinance as we go along, because it's not a perfect ordinance.
I don't think it will ever be a perfect ordinance.
But at least we are on the right track.
And we are doing the best we can with what we have.
And if we can get Mr. McGrath to bring that Hanson system in a little sooner than what he's planning on, maybe finally we'll give the inspectors all the tools they need to comply with the ordinances that we are putting out together.
Because we are certainly working really hard to do this.
And I think with another hearing -- are we having another hearing master, Jorge?
>>> We are very lucky.
Some of the hearing masters are willing to work before sessions.
>> And I talked to at least one of them and he's willing and able to do his job.
>>> We have very good hearing masters.
Mr. Ernie has been here for years.
And Mr. Cannon, he covered the three weekly series of hearings.
So we have always had great hearing masters that are willing to come in and put in their time.
>> Thanks again, Mr. Martin.
Because this has been something that we have been working for for a long time.
I thank my colleagues for taking such a big interest in it because it's been -- it was good.
It was good to have consensus of everybody being there at the time.
So thanks again for everybody.
Thank you, Mr. Shelby.
>>ROSE FERLITA: To tag team on what Ms. Alvarez was saying, last night Mr. Shelby and I attended a presentation at southeast Seminole Heights, the president of the association, et cetera, and they were the invited guests at Kate Jackson for a report to citizens in my neighborhood.
And there was quite an interest.
And I'll tell you, that interest overflowed.
Mr. Shelby, you can comment on this, too.
It went from code enforcement issues, and some of the similarities and some of the differences.
But the frustration about code enforcement is still shared by everyone.
But in addition to that it spilled over to presentation by Mr. McCary, who I think is just a fabulous department head.
He talked about his staff which is certainly much smaller but he does have his own code enforcement staff at the sites.
And it was very constructive.
I would say.
And again the consensus is, code enforcement is what people want us to pay attention to.
And I think we're doing that.
Marty, if you have something else to say about that, I think it was a good meeting.
>>MARTIN SHELBY: I think an observation, that I believe that things are coming together.
I think momentum is building.
I think the leadership that council has shown, and has expressed, I believe, has been conveyed to the administration.
My understanding based on what we heard last night is that there is a concerted effort by the departments to work together to address the problem, that code enforcement does not mean code enforcement department, it means improving the quality of life for the citizens of the city.
And I believe that the administration is working very hard to forward the vision of a cleaner city.
And obviously will take additional work, and council's leadership and bring it to the fore, I believe is beginning to bear fruit.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item number 6?
>> Move to close.
>> Second.
(Motion carried)
>>ROSE FERLITA: Move to adopt after second reading an ordinance of the city of Tampa, Florida establishing the Hammocks Community Development District a community of approximately 500 residential units within a parcel of land lying in sections 1 and 2 township 27 south, range 19 east, comprising 100.83 acres more or less generally located one mile east of I-75 on County Line Road lying east of and abutting the Grand Hampton community development district, entirely within the boundaries of the City of Tampa, Hillsborough County, the same being more fully described in section 2 hereof pursuant to chapter 190, Florida statutes, providing, providing an effective date.
>>THE CLERK: Motion carried.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 7?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move an ordinance -- move to adopt the following ordinance upon second reading.
Move an ordinance approving a special use permit 1-2 approving a bank drive-in window in a CG district in the general vicinity of 1313 south Dale Mabry Highway in the city of Tampa, Florida and more particularly described in section 1 hereof providing an effective date.
>>GWEN MILLER: Motion and second.
Roll call vote.
>>LINDA SAUL-SENA: Yes.
>>MARY ALVAREZ: Yes.
>>ROSE FERLITA: Yes.
>>KEVIN WHITE: Hear.
>>GWEN MILLER: Yes.
>>THE CLERK: Motion carried.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item number 8?
>>KEVIN WHITE: Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move to adopt the following ordinance upon second reading.
An ordinance approving a special use permit S-1 on appeal from a decision of the zoning administrator approving the location and construction of an extended family residence located at 3309 west street Conrad street in an RS 50 zoning district in the city of Tampa, Florida and more particularly described in section 1 granting waivers to allow the extended family residence to be located in an existing nonconform structure and increasing the allowed size of an extended family residence from 600 square fate to 797 square feet in area providing an effective date.
>>GWEN MILLER: Motion and second.
Roll call vote.
>>THE CLERK: Motion carried, Dingfelder and Harrison being absent.
>>GWEN MILLER: Is there anyone in the public had that would like to speak on item 9?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move to adopt the following ordinance upon second reading.
An ordinance approving an S-2 special use permit approving 80% lot development in an RS-50 residential single-family zoning district in the general vicinity of 2209 Davis street, Tampa, Florida and as more particularly described in section 1 hereof, waiving the six month commencement time for construction, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
>>THE CLERK: The motion carried with Dingfelder and Harrison being absent.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 10?
>>ROSE FERLITA: Move to close.
>> Second.
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading.
An ordinance rezoning property in the general vicinity of 4815 north Gomez Avenue and 485 north MacDill Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district RM-24 and RS-50 to PD, elderly multifamily residential, providing an effective date.
>>GWEN MILLER: Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent at vote -- being absent.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 11?
>> Move to close.
>>MARTIN SHELBY: That's the one you just read.
>>LINDA SAUL-SENA: I did 11.
Now 12.
I read 11.
>>GWEN MILLER: What about 10?
You didn't read 10.
>>LINDA SAUL-SENA: No, I didn't read 10.
>>GWEN MILLER: I said read 10 and you read 11.
I said 10.
>>MARTIN SHELBY: You have to reopen and do it again.
>>LINDA SAUL-SENA: Move to reopen 10.
>> Second.
>>GWEN MILLER: Would anyone in the public like to speak on item 10?
We have a motion and second to close.
Mrs. Saul-Sena, read 10.
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading, an ordinance rezoning property in the general vicinity of 2504 North Boulevard in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RS-60 to PD single family semi detached providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 12?
>>MARY ALVAREZ: 11.
>>GWEN MILLER: We have to read it again?
We read it.
Move to close 11.
(Motion carried)
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading, an ordinance rezoning property in the general vicinity of 4820 north Gomez Avenue and 4815 north MacDill Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning classifications RM-24 and RS-50 to PD elderly multifamily residential, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 12?
>>MARY ALVAREZ: Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading.
An ordinance rezoning property in the general vicinity of 2508 west Ivy street in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications CI and RS-50 to PD mixed use residential commercial, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent.
>>GWEN MILLER: Is from anyone that would like to speak on item 13?
>>KEVIN WHITE: Move to close.
>> Second.
(Motion carried)
>>KEVIN WHITE: Move to adopt the following ordinance on second reading, an ordinance rezoning property in the general vicinity of 5112 north 22nd street in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications CG to CI providing an effective date.
>>GWEN MILLER: Motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent at vote.
>>GWEN MILLER: Is there anyone in the public that would like to speak on item 14?
>> Move to close.
>> Second.
(Motion carried)
>>MARY ALVAREZ: Move to adopt on second reading an ordinance rezoning property in the general vicinity of 4813 flamingo road in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications RS-60 and RM-24 to RM-24 providing an effective date.
>>GWEN MILLER: Motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison absent.
>>ROSE FERLITA: Are we doing 13 or 14?
My vote is no as well.
>>GWEN MILLER: Roll call again.
>>LINDA SAUL-SENA: No.
>>MARY ALVAREZ: Yes.
>>GWEN MILLER: Yes.
>>ROSE FERLITA: No.
>>KEVIN WHITE: Yes.
>>THE CLERK: Okay.
That's 3-2 so it has to be carried over to next week.
>>LINDA SAUL-SENA: Would that be this evening?
>>GWEN MILLER: He won't be here till late.
Next week.
Is there anyone in the public that would like to speak on item 15?
>> Move to close.
>> Second.
(Motion carried)
>>LINDA SAUL-SENA: I move to adopt the following ordinance upon second reading.
An ordinance rezoning property in the general vicinity of 502 east Hillsborough Avenue in the city of Tampa, Florida and more particularly described in section 1 from zoning district classifications CG to PD, restaurant with drive-in window, providing an effective date.
>>GWEN MILLER: I have a motion and second.
Roll call vote.
>>THE CLERK: Motion carried with Dingfelder and Harrison being absent.
>>GWEN MILLER: Number 16.
Do we have anything on that?
>>THE CLERK: We don't have a resolution.
They ask for a continuance.
>> So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: Item 18.
>>MARY ALVAREZ: You did.
>>GWEN MILLER: Okay.
Item 19.
Code enforcement.
Receive and file.
>> So moved.
>> Second.
(Motion carried)
>>GWEN MILLER: We go to information for council members.
>>LINDA SAUL-SENA: I know that you all have read that the Cypress Creek town center project has gotten approvals from the Pasco County commission so it looks like it's moving forward.
And, you know, council has expressed its concern about the quality of the water.
Well, I met with the petitioner's representative, because I was concerned about the project.
And she assured me that they are doing some very innovative things to keep the parking structures from going into --.
>>MARTIN SHELBY: I'm sorry.
>> It appears that the cypress town center is using some very innovative, low impact stormwater techniques to keep the water from their parking lots, and when it goes into the -- they are going to monitor run-off and do these innovative things which I guess is how they convince the county commissioners in Pasco County to approve the thing.
At any rate I thought if they are going to do something that is innovative and maybe clean up the water maybe we should be doing it too.
So that's a prelude.
I would like to request our stormwater people, Mr. Daignault and Mr. Chuck Walters, I think, take a la at the low impact stormwater technologies that are being used in the Cypress Creek town center project, and see if that's something we should build in, too.
Because if it's good enough for Pasco County it's certainly good enough for the City of Tampa.
That's a motion.
>>MARY ALVAREZ: Second.
(Motion carried)
>>MARY ALVAREZ: Not to monitor the Cypress Creek.
>> In a, no, to look at their technology and see if it's something we can benefit.
These low impact technologies, evidently -- let me just explain it.
Instead of having water, dirty water from parking lots just go into our stormwater system, catchment basins, percolate down, providing additional protections for the creek and the fact that Hillsborough River goes through downtown Tampa, currently it's not in our code.
We don't do them.
If it's new, it's innovative and will protect our water supply, we need to be doing it now.
>> Is Tampa Bay Water and SWFWMD monitoring -- they will be monitoring that, too?
>>LINDA SAUL-SENA: Yes.
And this is kind of interesting.
Well, I think it's interesting.
They are designing their catchments so they literally can monitor pollution level and how much of the water is getting into the correct or how much they are catching before it gets there.
They are designing that specifically.
And as we have a lot of these developments in New Tampa, like the grand Hampton stuff you just approved, they should be doing the most innovative things.
We should be, in my opinion, requiring them to be innovative.
>>MARY ALVAREZ: Thank you very much.
>>GWEN MILLER: Do you have anything?
>>MARY ALVAREZ: Nope.
I'm done.
>>ROSE FERLITA: One quick thing.
I'm sure most of you are the wear of the fact that Officer Guffey has been promoted in terms of TPD and with good things come back things.
With his promotion we will obviously lose his company here on a weekly basis.
So I thought it would be appropriate to thank him via commendation for all that he has done to keep the order here when things are not exactly orderly sometimes.
So I would like to make that motion.
>> Second.
(Motion carried)
>>ROSE FERLITA: I'll check with him when he's available.
I don't know exactly when his new duties are.
So we'll just penned it for now.
>>KEVIN WHITE: Promoted to auto theft detective.
I have a couple of quick things.
First of all, I'd like to say that I was glad I really wasn't here last Tuesday evening.
We had a district 5 town hall meeting that had been rescheduled for the third time.
And I'm just glad -- well, I continued with that in light of Tampa General being continued once again.
Despite having a misnotice in one of the local publications as far as the time and the inclement weather we had on Tuesday evening, it was a well attended event.
And I want to thank all the people that ventured out in the bad weather to come and see what it was that was going on in their community as well as the a pun dance of city staff that showed up.
And the private development side that showed up to express the interest and update the community on what's going on within the boundaries of their confines.
And I thought that was a wonderful thing.
And also like to thank the clerk's office for putting our agenda online now in conjunction with our backup material.
I know some people in the television audience may be looking at us saying, well, why are they looking at computers and not paying attention to what's going on?
But from time to time we are reading our backup material in regards to what it is that we are actually talking about at the time rather than the big thick notebooks anymore.
I just think that's wonderful for the clerk's office to get that on line for us.
Although we don't have as much room as we had up here.
But it's great.
That's it.
>>GWEN MILLER: Do you know why the meeting was continued Tuesday?
>>KEVIN WHITE: It wasn't because I wasn't here, was it?
>>GWEN MILLER: Yes, it was.
They wanted you to be there.
>>KEVIN WHITE: I thought it was Mr. Dingfelder.
>>GWEN MILLER: No, you're more important.
(Laughter)
>>KEVIN WHITE: They could have held out until 8:30 and I would be have been glad to run over.
>>GWEN MILLER: You didn't tell them that.
Anything else?
>>KEVIN WHITE: That's it, Madam Chair.
>>ROSE FERLITA: I just want to say something since you brought up the reasons why Mr. White's town hall meeting was so successful.
Certainly partly because of his pretty face but also that meeting that we had, if that would have gone on till 3:00 or 4:00 or 5:00 in the morning they would have much preferred to be with you so I don't want you to take all the credit.
(Laughter)
>>GWEN MILLER: I would like to give a commendation for the national tourism week that's going to be held May 9th through 12th.
(Motion carried)
I would like to invite everyone out from the City of Tampa black history committee and national coalition of 100 women is going to have a neighborhood career fair bringing jobs and opportunities to the community.
It's going to be held Tuesday, May 10th, 2005 at the Tampa Hillsborough urban league which is located at 2306 north Howard Avenue, and will be held from 9 a.m. to 1 p.m.
So everyone is invited to come out on May 10th.
From 9:00 a.m. to 1:00 p.m., Tuesday, May 10th.
Anything from the clerk?
>> Move to receive all documents.
>> Second.
>>GWEN MILLER: Mr. Shelby, do you have anything?
>>MARTIN SHELBY: Yes.
I have been told that the folks in the control room can turn this off but I learned today that it doesn't necessarily mean they will turn it off.
I am grateful, though, that what was heard was less embarrassing than what could have been.
(Laughter)
Thirdly, I will from now on not have it on my person.
I will have -- I would sooner have it fall on the floor than come with me.
I will wear it when I need to and I won't when I won't.
>>GWEN MILLER: If nothing else we go to our audience portion.
(Meeting adjourned.)