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Tampa City Council
Thursday, April 27, 2006
9:00 a.m. session



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09:05:31 [Sounding gavel]
09:05:32 CHAIRMAN GWEN MILLER: Tampa City Council is called to

09:05:33 order.
09:05:34 The chair yields to Shawn Harrison.
09:05:36 >>SHAWN HARRISON: It's my pleasure to introduce the
09:05:44 pastor from Idlewild Baptist church.
09:05:47 Please remain standing for the pledge of allegiance.
09:05:53 >>> Pray with me, please.
09:05:55 Almighty God, we recognize your sovereignty over this
09:05:58 world, this people, this government.
09:06:00 You are our creator, our sovereign Lord and God.
09:06:03 We look to you for guidance as these councilmen and
09:06:08 women make changes that make change in the community.
09:06:12 We confess that we are dependent people and that you
09:06:15 are a benevolent God.
09:06:16 Thank you for the structure of government that you set
09:06:19 in place to use to bring order and success to our
09:06:21 community, and to our family.
09:06:24 Thank you for the gift of time that these council
09:06:27 members give in researching and considering these
09:06:29 decisions which they will make today.
09:06:31 Father, I ask that you will bless them today with
09:06:33 wisdom, sensitivity, alertness and courage as they
09:06:36 plan for our future and our children's future.

09:06:39 Grant us peace that we mate offer that peace to
09:06:42 others.
09:06:42 In the name of Jesus.
09:06:43 Amen.
09:06:46 (Pledge of Allegiance).
09:07:02 >>GWEN MILLER: Roll call.
09:07:03 >>SHAWN HARRISON: Here.
09:07:06 >>MARY ALVAREZ: Here.
09:07:08 >>ROSE FERLITA: Here.
09:07:09 >>KEVIN WHITE: Here.
09:07:10 >>GWEN MILLER: Here.
09:07:11 At this time we need to approve the agenda.
09:07:16 Motion and second.
09:07:17 All in favor of the motion say Aye.
09:07:18 Anything you want to pull?
09:07:23 Any items need to be pulled?
09:07:28 >>MARTIN SHELBY: Council, I believe items 26 and 33
09:07:31 need to be pulled from the consent docket.
09:07:33 And placed at the end.
09:07:41 >>KEVIN WHITE: So moved.
09:07:42 33.
09:07:42 >>MARTIN SHELBY: 26 and 33.

09:07:46 >>GWEN MILLER: Any other items?
09:07:49 We go to our staff report.
09:07:50 Mr. Roy LaMotte, is he here?
09:07:52 >>MARTIN SHELBY: Council, I believe there are items
09:07:59 that were submitted by Rebecca Kert for the DRI.
09:08:04 Which numbers are those?
09:08:06 >>THE CLERK: 38, 39.
09:08:08 >>MARTIN SHELBY: I believe council has gotten a copy
09:08:10 of those.
09:08:11 I would ask council to accept them and vote on it when
09:08:14 it gets to the consent docket.
09:08:18 >>GWEN MILLER: All right.
09:08:21 Mr. Roland Santiago.
09:08:26 Nobody is here.
09:08:28 Approve the agenda then.
09:08:29 >> So moved.
09:08:29 >> Second.
09:08:30 (Motion carried).
09:08:30 >>GWEN MILLER: We go to unfinished business item
09:08:37 number 1.
09:08:46 >>> Good morning.
09:08:46 I have a handout.

09:09:09 Brad Baird, director, water department.
09:09:18 I have been asked to report on water supply for the
09:09:23 City of Tampa.
09:09:26 First, the current situation, we are unique.
09:09:31 The Hillsborough River is Tampa's primary source of
09:09:34 drinking water.
09:09:36 And Tampa's water supply is impacted
09:09:41 Directly by the amount of rain, and we are impacted
09:09:48 much sooner in the dry season than other area
09:09:52 governments.
09:09:54 And that's an important fact that will come to light
09:09:59 as I go through this.
09:10:03 I have listed there the five available water resources
09:10:06 that we use to supply water to City of Tampa
09:10:11 customers.
09:10:13 They are the Hillsborough River reservoir, Tampa
09:10:17 bypass canal, aquifer recovery, Sulphur Springs, and
09:10:22 finally purchase of water from Tampa Bay water.
09:10:26 And we maximize these sources in varying amounts, and
09:10:31 if you have questions on any one of those, I'll be
09:10:33 happy to answer those.
09:10:39 We right now are experiencing both increased water

09:10:42 demands and a lack of rainfall in the that's caused
09:10:49 the reservoir to decline faster than normal at this
09:10:52 point in the dry season.
09:10:59 Watering demands are approximately 12 million more in
09:11:03 the watering day.
09:11:04 It's about 100 million gallons a day right now.
09:11:07 So we are two months into the dry season.
09:11:11 And although we had a little noise last night with
09:11:15 some thunder we have only had about one inch of rain
09:11:18 in two months.
09:11:20 On March 6th, those two conditions rutted --
09:11:25 resulted in ceasing water flow over the dam.
09:11:30 Current reservoir levels is approximately 3.5 feet
09:11:33 below normal.
09:11:36 Optimum operating level is 22.5.
09:11:39 So right now we are at 19 feet elevation.
09:11:45 And at that current rate we will reach a critically
09:11:48 low level in about five to six weeks.
09:11:50 And critically low level is about 15 feet.
09:11:52 So that gives you some points of reference.
09:11:59 Actions, of course, we want to increase the efforts in
09:12:02 our current conservation programs, and there are many.

09:12:06 There are a whole list of those efforts, include
09:12:09 everything from additional conservation messaging and
09:12:12 awareness to increasing the enforcement for water
09:12:16 violations, instead of giving out warnings we can go
09:12:21 immediately to citations.
09:12:24 Of course we'll work together with local governments,
09:12:26 water conservation efforts.
09:12:27 We have been doing that.
09:12:31 It's ongoing.
09:12:32 It's a continuing effort.
09:12:33 And we also work with Tampa Bay water and the
09:12:35 Southwest Florida Water Management District very
09:12:37 closely.
09:12:39 We are encouraging customers within the service area,
09:12:43 which includes unincorporated Hillsborough County, to
09:12:48 conserve water by limiting irrigation, minimizing
09:12:53 non-essential uses, and "star" customers will not be
09:12:58 affected by this request.
09:13:00 And we certainly encourage the star customers that
09:13:04 have not hooked up, that did sign up, especially to
09:13:09 hook up, because that is a drought-proof source of
09:13:15 irrigation.

09:13:15 And we will be doing everything within our power to
09:13:19 try to get those folks to hook up, including phone
09:13:29 calls, door to door if we have to, and trying to
09:13:33 inform them of the benefits of hooking up to Starr.
09:13:40 Finally and most significantly barring any significant
09:13:43 change in current trends, i.e., a monsoon over the
09:13:47 reservoir, we will be back next week to ask for your
09:13:50 approval on an emergency agreement, similar to the one
09:13:54 in 2001 that you passed associated with the drought in
09:14:00 2001.
09:14:02 And probably the most important thing about that
09:14:04 ordinance was the watering restrictions going from two
09:14:09 days back to one day a week.
09:14:12 And I have copies of that ordinance in 2001, if you
09:14:21 guys would like to see that or for anyone in the
09:14:23 audience that would like a copy.
09:14:24 >>GWEN MILLER: Questions by council members?
09:14:27 Mrs. Alvarez?
09:14:29 >>MARY ALVAREZ: When we come back to one day of
09:14:32 watering a week, how much water does that bring over
09:14:34 the dam again, or the reservoir, just one day coming
09:14:40 back?

09:14:43 >>> Brad Baird: Again, the watering day results in an
09:14:49 additional 12 million gallons a day.
09:14:51 So cutting back to one day a week, roughly we are
09:14:57 hoping that that will result in cutting that in half.
09:15:04 We have some work to do to make that happen.
09:15:06 And we have to follow it up with the water inspectors,
09:15:13 you know, to make sure that happens.
09:15:15 >>MARY ALVAREZ: Don't you think that you might be back
09:15:21 next week?
09:15:22 Why are we waiting then?
09:15:24 It doesn't look like we are going to get much more
09:15:26 rain.
09:15:27 >>> No, it doesn't.
09:15:28 The forecast does not look good.
09:15:30 We need to do some significant work to change this
09:15:36 emergency ordinance, to update it, and make it
09:15:39 current.
09:15:40 And we'll be working on that through the next week.
09:15:44 >>MARY ALVAREZ: So how long does it take to put it
09:15:46 into effect then after the ordinance?
09:15:49 >>> Immediately.
09:15:51 >> Maybe within two --

09:15:52 >>> Immediately upon adoption.
09:15:54 >> So maybe within two weeks we would have the new
09:15:56 ordinance?
09:15:59 >>> I'm hoping within one week we'll have a new
09:16:02 ordinance.
09:16:02 >>GWEN MILLER: Thank you.
09:16:06 >>> Thank you.
09:16:07 Any other questions?
09:16:08 >>GWEN MILLER: Item number 2.
09:16:09 Is anyone here from code endorsement -- enforcement?
09:16:15 Item 2.
09:16:15 >>MARTIN SHELBY: Council, if I can.
09:16:17 Item 2 is something that Rebecca Kert filed a memo on.
09:16:20 I believe council received copies of that.
09:16:25 I believe it has to be received and filed.
09:16:27 If council wishes to discuss this further, other than
09:16:30 what's been provided, if we can hold it then, I
09:16:32 believe Julia Cole will be in later to discuss it but
09:16:40 she's not available now.
09:16:41 >>GWEN MILLER: Any council members wish to discuss it?
09:16:45 Move and to receive and file.
09:16:47 >>MARY ALVAREZ: So moved.

09:16:49 >> Second.
09:16:49 (Motion carried).
09:16:50 >>GWEN MILLER: Item number 3.
09:16:56 Legal department.
09:17:14 >>DAVID SMITH: (telephone interference).
09:17:19 >>GWEN MILLER: Every time you come down we get that.
09:17:22 >>DAVID SMITH: City attorney.
09:17:23 Basically what I wanted to do with regard to item
09:17:25 number 3 is refer you to the memorandum.
09:17:28 We have a couple things coming up real soon that's
09:17:31 going to provide us additional information.
09:17:32 We have a workshop with the Department of Community
09:17:33 Affairs in which we are going to receive input with
09:17:37 regard to the methodologies.
09:17:40 As you know we have a new growth management act.
09:17:43 Among other things it's going to require a
09:17:45 district-wide transportation plan.
09:17:47 It's going to require we have a mitigation strategy in
09:17:49 a transportation concurrency exception area which we
09:17:53 have.
09:17:53 And it's going to require what is known as a fair
09:17:56 share ordinance that is going to address the

09:17:59 possibility of development, paying what is calculated
09:18:03 to be their proportionate share, and removing that
09:18:07 transportation as an issue or an objection for them
09:18:10 being able to move forward.
09:18:12 The methodology to be used is being reviewed by a
09:18:15 variety of experts both at the Department of Community
09:18:16 Affairs and at the Hillsborough County city-county
09:18:20 Planning Commission.
09:18:21 We are going to be sending at least two lawyers to
09:18:24 those meetings, and expect to have a much better
09:18:26 understanding of the source of things we can recommend
09:18:29 for you within four to six weeks.
09:18:31 So what we are requesting you do is put this on the
09:18:34 pending calendar, have us come back to you when we
09:18:37 have somewhat more definitive suggestions for your
09:18:39 consideration so as not to waste your time or ours and
09:18:44 to hopefully be more effective in what we are trying
09:18:46 to accomplish.
09:18:48 >> We have a motion and second.
09:18:49 All in favor of the motion say Aye.
09:18:50 >>ROSE FERLITA: I don't have any problem with the
09:18:53 delay.

09:18:53 But Mr. Smith, obviously, I think we are all in
09:18:56 agreement that this is important.
09:18:58 And I don't want it to get lost in the cracks between
09:19:02 now and whenever we pick it up on pending.
09:19:05 So might it be better to put it on pending or just
09:19:08 continue for 60 days, or -- Mr. Shelby, if you have
09:19:11 some input on that I would like to hear from you, too.
09:19:16 >> If it's set for a date certain then we'll come
09:19:19 back.
09:19:19 Council has not reviewed its pending calendar --
09:19:23 >> In a long time.
09:19:24 That's my concern.
09:19:24 Do it that way.
09:19:25 60 days.
09:19:26 Then if something is at the point where we can't
09:19:28 elaborate on that discussion we'll push it further.
09:19:31 But that was kind of my sense, too, that lots of times
09:19:33 we have stuff on pending and we let it go it's a busy
09:19:36 day, and let's check it out next week.
09:19:38 So colleagues, if you don't mind that would be a
09:19:40 better way.
09:19:42 To continue it for 60 days.

09:19:45 >> Second.
09:19:45 >>DAVID SMITH: Thank you very much.
09:19:50 >>GWEN MILLER: Mr. Santiago, you're here.
09:19:53 >>ROLANDO SANTIAGO: Legal department.
09:19:58 Excuse me not being here earlier this morning.
09:20:02 Item 36 is on the Interstate historic trust fund to
09:20:07 Mr. Demaro, Demaro engineering.
09:20:13 The document contains a scrivener's error. The actual
09:20:15 loan interest rate is 4.5.
09:20:18 There is a discrepancy. It's not consistent.
09:20:20 One says 4.5.
09:20:21 Another says 12.
09:20:22 I corrected that scrivener error and that's what I
09:20:24 have for you here this morning.
09:20:26 >>GWEN MILLER: We will move it under committee
09:20:28 reports.
09:20:33 Item number 4.
09:20:33 Mr. Roy LaMotte.
09:20:38 >>MARY ALVAREZ: Mr. Santiago, how long is the loan
09:20:40 for?
09:20:42 >>> 180 months.
09:20:46 >> 180 months?

09:20:47 >>> Yes, ma'am.
09:20:47 >> Is there an extension period for it?
09:20:49 >>> No, ma'am.
09:20:49 Maturity date is 187.
09:20:51 The first seven months, interest only.
09:20:54 And then after that -- if it's beyond the 180 months
09:21:05 this document doesn't contemplate it.
09:21:08 >> Doesn't?
09:21:10 Okay, wanna bet?
09:21:11 >>GWEN MILLER: Mrs. Saul-Sena?
09:21:14 >>LINDA SAUL-SENA: Actually, Mary is very familiar
09:21:16 with this.
09:21:17 It's looking good.
09:21:17 It's looking really terrific.
09:21:19 >>MARY ALVAREZ: I thought we were going to be able to
09:21:23 use that a little bit more than the 180 days that they
09:21:27 are planning, you know.
09:21:29 >>LINDA SAUL-SENA: I think 108 months.
09:21:31 >>MARY ALVAREZ: 180 months.
09:21:35 >>GWEN MILLER: Okay, Mr. LaMotte.
09:21:38 >>ROY LAMOTTE: Transportation manager.
09:21:41 I'm here to talk on item 4 today.

09:21:46 You asked to investigate the intersections of commerce
09:21:49 and Kissimmee relating adding a bus stop and "no
09:21:55 parking" signs.
09:21:57 We have looked into the situation.
09:21:58 There was a situation where the bus stop was right on
09:22:01 top of the stop sign at this particular location.
09:22:04 We are recommending that the bus stop be relocated.
09:22:07 We have met with Hartline relative to it.
09:22:10 And we do believe that no parking in this particular
09:22:14 area will keep people from the center so we will
09:22:20 implement that.
09:22:21 I do have a graphic for you.
09:22:22 I don't know if the Elmo is on today.
09:22:25 >>MARY ALVAREZ: It should be.
09:22:37 >>ROSE FERLITA: It works as well as our voting
09:22:39 machine.
09:22:42 >>MARY ALVAREZ: Are they planning to put a shelter
09:22:44 there, too?
09:22:46 >>> I am not aware that they are putting a shelter at
09:22:49 this location at this time, ma'am.
09:22:51 They are considering shelters around the city but I
09:22:54 don't believe this is one of them.

09:22:55 There's also a secondary matter that we related to TPD
09:22:58 on this area that we found while we were out there.
09:23:03 >> Is that a post office box?
09:23:05 >>GWEN MILLER: A mailbox.
09:23:07 >>> That is a mailbox.
09:23:08 >>MARY ALVAREZ: They have asked them to move that?
09:23:11 >>ROY LAMOTTE: We will approach the owner.
09:23:14 It's actually overhanging the road, not positioned
09:23:16 correctly on-site.
09:23:18 >>GWEN MILLER: Other questions by council members?
09:23:20 Thank you, Mr. LaMotte.
09:23:22 Number 5.
09:23:25 Land development.
09:23:31 >>CATHERINE COYLE: Land development.
09:23:36 You asked me to reappear and address whether the good
09:23:39 neighbor notice surrounding property owners and the
09:23:42 neighborhood associations can be modified to add a
09:23:45 certain number of different identifiers.
09:23:51 I talked to Marsha this morning.
09:23:55 She is sending out that link to our notice.
09:23:58 We can add that to our letter.
09:24:01 The issue regarding the name and telephone number of

09:24:03 the staff member handling the case, that leads into
09:24:08 another discussion that I would actually like to have
09:24:10 with you.
09:24:10 The case as you have noticed, they switch planners
09:24:13 almost every single two weeks.
09:24:15 So the cases continue.
09:24:16 It's created a little bit of an issue.
09:24:20 Sometimes we get some conflicts.
09:24:23 If you're negotiating for three or four months and it
09:24:27 continues out a month or month and a half and it goes
09:24:30 to a different planner, they certainly can take charge
09:24:33 of that case but you lose some of the effectiveness of
09:24:36 the review because they didn't have the benefit of
09:24:38 that review.
09:24:44 I wouldn't mind so much putting the phone number to
09:24:47 the office because we already put the phone number for
09:24:51 the petitioner.
09:24:52 We can put land development on the notice as well.
09:24:54 There's only two people that handle it in the office
09:24:56 but you never know which one it is as the case is
09:24:58 switched back and forth.
09:25:04 The third one, when we did the uniform notice, the

09:25:07 compromise that we did at that point and the signage
09:25:09 was not to make them larger, because there is a
09:25:12 significant cost differential, but was to have one per
09:25:17 frontage.
09:25:18 It used to be one sign on the property.
09:25:20 In this case we did one sign per street frontage.
09:25:23 The signs run about two and a half by two and a half.
09:25:26 Maybe about 30 inches by 30 inches.
09:25:28 They are color coded.
09:25:30 The rezonings, the lettering is green.
09:25:34 Variances are blue.
09:25:35 Special uses are red.
09:25:38 Wet zonings are orange.
09:25:39 But if you do want to increase the size, that's not a
09:25:43 problem, we can certainly order them.
09:25:45 I think at that point we would have to pass that cost
09:25:48 on to the petitioners.
09:25:49 They double basically from about five dollars to ten
09:25:54 dollars.
09:25:54 As you recall when we changed the fee we only put in
09:25:57 fees at 80% of what we actually spend.
09:26:01 So we are only collecting 80%.

09:26:03 That was the suggestion of the legal staff at that
09:26:05 point,.
09:26:08 We don't charge 100% of what it costs so we would be
09:26:12 spending more money if we didn't charge for the sign.
09:26:14 But that was the only concern.
09:26:17 In some cases you can have four, five, six signs, and
09:26:20 it wracks up.
09:26:24 I'll take whatever direction you like.
09:26:30 >> I thought in council's previous discussion we not
09:26:32 only discussed changing increasing the size, we
09:26:36 discussed changing the background color to make it
09:26:38 more visible.
09:26:39 Do you remember that conversation?
09:26:41 >>CATHERINE COYLE: You did have the discussion with
09:26:43 Thom.
09:26:43 I was here.
09:26:44 I don't recall actually a motion to change it.
09:26:48 I don't remember that exactly.
09:26:56 >>JOHN DINGFELDER: He said he would change it
09:26:58 administratively, is what he did.
09:27:02 >>LINDA SAUL-SENA: So what my recommendation would be
09:27:04 for council, first of all, don't see why we are

09:27:07 charging 80%.
09:27:08 I think we should charge 100% and that would absorb
09:27:12 the additional cost.
09:27:13 I think bigger and another color is better.
09:27:15 I think rezonings are really important to neighbors.
09:27:17 And it's important to be able to see the sign.
09:27:19 Sometimes it's less visible than other times.
09:27:23 I think anything we can do to make it more visible to
09:27:26 the neighborhood is helpful to the neighbors.
09:27:31 >>MARY ALVAREZ: I agree.
09:27:32 Because I go by there a lot where there's some signs
09:27:36 out there.
09:27:36 And I can barely read them.
09:27:40 Maybe it's my age.
09:27:42 I don't know.
09:27:43 (Laughter).
09:27:44 But maybe what we ought to do is have the signs that
09:27:49 make it black printing.
09:27:51 Do you understand?
09:27:52 Maybe you would have a blue sign with black printing.
09:27:56 I think the black would stand out a little more.
09:27:59 And I don't know how much these signs cost but I

09:28:02 remember the conversation that we had that we were
09:28:07 trying to use up whatever stock we had left, and then
09:28:09 we were going to the larger signs, which I think is a
09:28:12 good idea.
09:28:14 And if we have to pass on the cost, it's just a cost
09:28:16 of doing business.
09:28:17 And I don't know what it would be.
09:28:20 It certainly can't be that much more.
09:28:22 >>> It's about, depending on how large you want the
09:28:25 sign, county be 25% more, 50% more, 100% more: It
09:28:30 just depends on the size.
09:28:31 The old signs we used were about 3 by 4 in size.
09:28:35 >> How much were those, do you remember?
09:28:36 >>CATHERINE COYLE: Those were, I think, right around
09:28:38 7.50 to $8 apiece versus the 4.50 to $5.
09:28:44 >> So they could be $10 more?
09:28:47 >>> It could be.
09:28:49 >> I don't know how my colleagues feel about it but I
09:28:52 think if we could use color signs with black printing,
09:28:57 that would show up a lot better, and it would make it
09:29:00 a lot easier on me.
09:29:02 >>CATHERINE COYLE: I was thinking -- the Planning

09:29:07 Commission, the county, the yellow poster board.
09:29:10 I believe the writing is black?
09:29:15 It's yellow with black writing.
09:29:17 And you do tend to notice.
09:29:19 We can get the cost on those.
09:29:21 And then did I understand that you wanted to charge
09:29:25 the 100% for the fees?
09:29:30 >>GWEN MILLER: Mr. Dingfelder?
09:29:31 >>JOHN DINGFELDER: I think another thing that we
09:29:32 discussed the last time was the context of the sign.
09:29:35 In other words, definitely a little sign this big on a
09:29:39 large vacant commercial property, you know, out on
09:29:44 memorial highway, something like that, just gets lost.
09:29:48 You zip by, you know, what was that, was it a snipe
09:29:54 sign or whatever?
09:29:54 Then again that same sign in a neighborhood on an
09:29:59 RS-50 could be adequate, you know, just on a single
09:30:03 lot.
09:30:04 And I don't know that we want a big, giant, green,
09:30:08 orange sign in a neighborhood on that single lot that
09:30:13 might be going from RS oh 50 to PD or something like
09:30:16 that.

09:30:16 I don't know.
09:30:17 Maybe it's just something that staff should talk
09:30:19 about, maybe talk to T.H.A.N. about, the neighborhood
09:30:23 associations a little bit.
09:30:24 I'm not saying talk about it for six months or a year.
09:30:27 Just have a quick conversation and get back with us
09:30:29 with maybe some alternatives.
09:30:32 I don't know how council feels about that.
09:30:34 >>ROSE FERLITA: That's fine.
09:30:35 We probably need to look at it but I don't think we
09:30:37 can have smaller signs,.
09:30:40 And then you guys might be competing with that very
09:30:43 efficient sign ordinance committee that's finally
09:30:47 coming up with a presentation, and if the signs are
09:30:50 too big the City of Tampa will be the first one to get
09:30:54 cited.
09:30:54 Keep that in mind, too, that people might complain
09:30:56 about the fact --
09:30:58 >>JOHN DINGFELDER: And that's my point, within the
09:30:59 neighborhood.
09:30:59 We could differentiate depending on what type of
09:31:03 zoning it is.

09:31:04 >>GWEN MILLER: Land development, you can look into it.
09:31:08 >>CATHERINE COYLE: Do you want me to come back in like
09:31:11 three weeks?
09:31:12 >>GWEN MILLER: Large you can go and I think that will
09:31:15 be better.
09:31:15 >>MARY ALVAREZ: But consider using black.
09:31:26 >>LINDA SAUL-SENA: The other thing is I think we
09:31:28 should be charging petitioner 100% of the true cost
09:31:30 because that's fair.
09:31:34 They are trying to improve the value of their property
09:31:36 in their opinion by changing the zoning.
09:31:38 I think that 100% of the cost of that in terms of
09:31:41 staff time and materials is appropriate.
09:31:42 >>JOHN DINGFELDER: Move to continue for 30 days.
09:31:45 >> Second.
09:31:45 (Motion carried)
09:31:48 >>GWEN MILLER: Thank you, Ms. Coyle.
09:31:50 >>MARY ALVAREZ: By the way, Ms. Coyle, congratulations
09:31:53 on your promotion.
09:31:54 >>CATHERINE COYLE: Thank you very much.
09:31:56 >>GWEN MILLER: Item 6 is continued.
09:31:59 Did we get a date?

09:32:00 >>THE CLERK: I just received an e-mail from Jan
09:32:10 Washington and she's stating that she's learning about
09:32:14 the process, have not made arrangements for
09:32:16 continuance because I'm not sure if that is what we
09:32:19 want to do.
09:32:20 The citizens still want to meet but I'm waiting on
09:32:23 upper management to respond.
09:32:32 67 want to move it?
09:32:35 Do we know when they want to come?
09:32:37 >>LINDA SAUL-SENA: Arizona Jenkins representing the
09:32:50 disabled community --
09:32:53 >>JOHN DINGFELDER: Definitely shelters.
09:32:56 Access to shelters.
09:32:58 >>THE CLERK: Jan Washington cannot make it today and
09:33:01 asked it be canceled.
09:33:06 >>GWEN MILLER: Let her get back in touch with us.
09:33:09 We don't know when she can come.
09:33:11 She can contact us and find out when she wants to come
09:33:13 back.
09:33:13 So why don't we just make a motion for clerk to
09:33:18 contact Gloria?
09:33:21 >> So moved.

09:33:22 >> Second.
09:33:22 >>MARY ALVAREZ: She wants to discuss the task force
09:33:28 recommendations, and I think they just came in and
09:33:30 talked to the board of commissioners about that
09:33:31 yesterday.
09:33:32 So it would be good to continue.
09:33:35 So that way, they can get going.
09:33:45 >>GWEN MILLER: Contact Gloria.
09:33:46 >>GWEN MILLER: And get back with us.
09:33:50 >> Do we need to have a place on the agenda?
09:33:52 >>GWEN MILLER: Yes.
09:33:52 All in favor?
09:33:53 (Motion carried) item number 7.
09:33:57 Terry Cullen.
09:33:58 >>TERRY CULLEN: I'm with the Planning Commission
09:34:01 staff.
09:34:01 This agenda item originally came up to a couple of
09:34:05 months ago and I want to quickly refresh your memory.
09:34:08 The Virginia park civic association is interested in
09:34:10 doing a plan amendment in their neighborhood for a
09:34:13 portion of their neighborhood to go from residential
09:34:16 10 to residential 6.

09:34:18 They have wanted to do this plan amendment now for a
09:34:20 couple of years.
09:34:22 We have explained throughout this process to both City
09:34:25 Council and to the neighborhood that the Planning
09:34:26 Commission doesn't have the resources to take on this
09:34:29 plan amendment because of all the commitments we have,
09:34:33 namely, first and foremost, the update of a
09:34:36 comprehensive plan.
09:34:36 We did, however, suggest that if the neighborhood was
09:34:40 willing to do the work under our direction, and our
09:34:44 coaching, that it may be possible for them to proceed
09:34:46 with the plan amendment.
09:34:49 Since the meeting, we have, a couple of months ago,
09:34:52 worked with leaders of the civic association.
09:34:54 We have developed what we think is a reasonable scope
09:34:57 of services that if completed could lead to a thorough
09:35:01 discussion and vetting of the site with the
09:35:06 neighborhood itself and ultimately lead to some kind
09:35:08 of plan amendment recommendation which could then go
09:35:10 through the approval process.
09:35:12 And we're comfortable that we have the resources to be
09:35:15 able to assist them from a coaching and mentoring

09:35:19 standpoint and from a technical standpoint, too, to
09:35:21 accomplish this.
09:35:22 That's what I wanted to report back to you.
09:35:25 The neighborhood is able to take on that project.
09:35:28 They have met on it.
09:35:29 They have discussed that this week with their
09:35:32 community and that they feel that they can move
09:35:34 forward with that.
09:35:37 He that's my report.
09:35:38 >>JOHN DINGFELDER: Thank you, Mr. Cullen.
09:35:41 Procedurally, I know this one has been bandied around
09:35:45 a little bit and we are trying to wrestle with the
09:35:47 best approach we can facilitate in doing this in the
09:35:52 least expensive and most expedient fashion.
09:35:55 So what would that be?
09:35:57 I mean, I don't think anybody has officially initiated
09:36:01 that plan amendment yet.
09:36:03 Can council officially initiate it, but then allow the
09:36:07 neighborhood to effectuate, you know, the end result?
09:36:17 >> Yes, City Council can initiate the plan amendment
09:36:19 and given the current structure of how we set up with
09:36:21 the neighborhood on how to conduct that plan amendment

09:36:23 study, that would be an appropriate thing to do.
09:36:26 That would be the most cost effective for the
09:36:27 community, because if the city initiated it, then the
09:36:32 community would not have to pay the initiation fee,
09:36:34 nor would they have to pay any of the pro rata share
09:36:36 of the advertising costs at the public hearing.
09:36:40 >>JOHN DINGFELDER: Is there anything fancy or special
09:36:42 that we need to do to initiate that?
09:36:45 Or is it just by simple motion of the council?
09:36:48 >>> Simple motion.
09:36:49 I will also explain something with the schedule, too.
09:36:51 The next plan amendment cycle for which they could be
09:36:54 considered begins August 1, which works with their
09:36:58 schedule, too, because there's a lot of working
09:37:02 meetings they need to conduct in conjunction with this
09:37:04 study.
09:37:08 >>JOHN DINGFELDER: Unless somebody else wants to speak
09:37:10 to this, I'll go ahead --
09:37:12 >>GWEN MILLER: Anybody else want to speak?
09:37:14 >>JOHN DINGFELDER: I'll go ahead and make that motion.
09:37:17 Virginia park has been talking about this issue for
09:37:19 quite awhile.

09:37:19 I think that their request is very reasonable, at
09:37:23 least for purposes of studying.
09:37:26 They are not looking to reduce the density of the
09:37:29 entire neighborhood.
09:37:29 They are just looking to reduce it on the southern
09:37:32 half, southern something of their neighborhood, from
09:37:36 R-10 to R-6.
09:37:38 With that I'll go ahead and make a motion that City
09:37:40 Council would ask the Planning Commission to initiate
09:37:45 a plan amendment for that specific area at Virginia
09:37:50 park.
09:37:51 Do you want to define the boundary for the record?
09:37:54 >>> Virginia park generally described the boundaries,
09:37:56 the northern boundary is both Palmira, and it appears
09:38:01 --
09:38:01 >> In a, not the Virginia of Virginia -- boundary of
09:38:05 Virginia park.
09:38:05 The boundary of the proposed plan amendment.
09:38:07 >>> Well, that has to be determined through their
09:38:09 discussions.
09:38:10 They have an idea of the blocks they want to look at.
09:38:12 But there may be other people that want to join in on

09:38:15 it.
09:38:15 And if we fix the boundary that rigidly, then it's
09:38:19 going to create issues.
09:38:21 >> Okay.
09:38:21 >>> I think the boundaries should be for the record
09:38:23 established as the neighborhood civic association
09:38:26 boundaries.
09:38:27 >> Okay.
09:38:28 >>> And they will determine the area within that.
09:38:30 >>JOHN DINGFELDER: I'll leave it loose then at your
09:38:33 recommendation.
09:38:34 >> I'll second that.
09:38:35 >>GWEN MILLER: We have a motion and second.
09:38:36 (Motion carried).
09:38:37 >>TERRY CULLEN: Thank you very much.
09:38:39 >>JOHN DINGFELDER: Thank you so much for your hard
09:38:41 work and rose Petrucha, as well.
09:38:46 John wise, too.
09:38:47 >>GWEN MILLER: Anyone here for item number 8 from
09:38:51 administration?
09:38:56 >>> Good morning.
09:39:00 City attorney's office.

09:39:01 The em in front of us, I just wanted to comment that
09:39:04 it came up during our discussions what council's role
09:39:07 would be as far as applying the Tampa General Hospital
09:39:12 contract.
09:39:12 The road that the council will play with any contract
09:39:15 is that the contracts will be submitted to council for
09:39:17 approval, and so you will get the opportunity to
09:39:20 review all of those contracts.
09:39:22 However, the actual policy that we go through in
09:39:26 determining how they will be used, that starts with
09:39:30 the Parks Department, and the Parks Department is
09:39:31 going to discuss that.
09:39:36 >> Toyina, there has been some confusion.
09:39:38 I want you from a legal perspective before you get to
09:39:41 Karen, tell us on the record exactly what the legal
09:39:46 documents say about the million dollars that TGH is
09:39:51 contributing to the city in that regard.
09:39:55 >>> Well, the contract actually specifies that that
09:39:58 money will be used for the -- with the parks and rec
09:40:02 department as far as doing our improvements in Davis
09:40:07 islands.
09:40:08 I can exactly read it for if you want.

09:40:11 >> I think it would be important.
09:40:12 >>> That provision is under sub2-C of the contract and
09:40:15 it indicates that the lessee shall pay $1 million to
09:40:19 the lessor, for the lessor to hold in a separately
09:40:24 designated account for use solely by the lessor for
09:40:27 making public parks and recreation improvement on
09:40:30 Davis Island, which is going to be called the Davis
09:40:32 Island park improvement fund.
09:40:34 The lessor shall expend the Davis Island park
09:40:38 improvement funds on public park and recreation
09:40:40 facilities owned by the lessor on Davis Island, with
09:40:44 the advice and consent of a majority of an advisory
09:40:48 group consisting of one member selected from each of
09:40:52 the following: The Davis Island civic group, the
09:40:55 Davis Island civic association, and the Davis Island
09:40:58 neighborhood planning task force and the Davis Island
09:41:02 Chamber of Commerce.
09:41:04 Now that's exactly what it says.
09:41:06 So those are the parties who are going to get together
09:41:08 and make the recommendations to the Parks Department.
09:41:11 As I said earlier, those recommendations will come to
09:41:15 council in the form of a contract which you will have

09:41:16 to approve.
09:41:18 >> There have been some folks who feel very strongly
09:41:21 that there are some other improvements on Davis Island
09:41:23 including transportation improvements, that this money
09:41:27 was supposed to have been destined for and somehow got
09:41:31 subverted.
09:41:32 If the city wanted to modify this for whatever reason
09:41:36 to also including spending for transportation or other
09:41:40 needs on Davis Island, it's a lease document between
09:41:43 us and Tampa General Hospital, so TGH would clearly
09:41:49 have to be a part of that.
09:41:52 And Mr. Smith --
09:41:56 >>DAVID SMITH: As she was going to tell you, we have
09:42:00 to get TGH involved in making any exchanges to it.
09:42:04 >> And then obviously the administration would need to
09:42:06 agree to that as well.
09:42:10 >>> I'm sorry?
09:42:11 >> I said and obviously the administration would need
09:42:13 to go along with that as well?
09:42:16 >>> Yes.
09:42:24 >>> Karen Palus, parks and recreation director, to the
09:42:31 input to spend the million dollars, as Toyina

09:42:36 mentioned, there are three that will be engaged in
09:42:38 that process and we'll be sending letters out to their
09:42:41 chairs asking them to designate representatives,
09:42:45 deemed in the contract, the civic advisory board for
09:42:47 the Davis Island project improvement funds.
09:42:50 What we'll do with those folks is meet with them
09:42:53 internally, talk with them a little bit about the
09:42:55 process and then begin to schedule a community
09:42:57 meeting, in which they'll take public input on the
09:43:00 project on the different items, the park facilities
09:43:05 that we operate, that they are interested in seeing
09:43:07 improvements come forward.
09:43:09 From that, a meeting on recommendations, we'll begin
09:43:13 to formulate them, put together with construction
09:43:16 administration the process, review those with the
09:43:21 civic advisory board and take them back out to the
09:43:23 community.
09:43:24 When all the communities have been engaged with the
09:43:26 process to see what type of elements and projects and
09:43:30 things that can come forward with the moneys that are
09:43:32 available, from that we'll determine whether there
09:43:35 needs to be a third or final community meeting, and

09:43:39 get a pretty gad consensus from the community, as well
09:43:41 as from individuals representing those groups, and we
09:43:45 would then begin to move forward with the
09:43:47 recommendation.
09:43:48 We will then meet again with the civic advisory board
09:43:51 directly to have that consensus and majority rule on
09:43:54 the particular project that would be deemed
09:43:56 appropriate.
09:43:58 From there we will begin the process.
09:44:03 >>LINDA SAUL-SENA: Thank you.
09:44:04 That sounds like a good process, a lot of community
09:44:09 engagement.
09:44:10 I heard from a lot of the residents that they don't
09:44:12 understand that it has to be spent on parks and rec.
09:44:16 I this I they think it can be spent on traffic
09:44:19 calming.
09:44:20 It would be great if if they could communicate with
09:44:25 the four civic associations, to clarify that.
09:44:29 >>> I would be happy to include that with the letter
09:44:32 that they designate the representative.
09:44:34 Thank you.
09:44:34 >>GWEN MILLER: Other questions by council members?

09:44:36 Thank you, Mrs. Palus.
09:44:38 Item number 9.
09:44:39 Desiree Valdes.
09:44:47 >>> Desiree Valdez: Good morning, Desiree Valdez,
09:44:53 City Council.
09:44:53 I am your representative on the affordable housing
09:44:55 task force
09:45:01 I have a small, very short, brief PowerPoint.
09:45:04 I've met with most of you to give you an update on
09:45:10 what the Hillsborough County task force is feeling at
09:45:13 this point.
09:45:15 The affordable housing task force has issued a final
09:45:18 report that due in September 2006.
09:45:20 The principle and preliminary recommendations will be
09:45:24 presented to the BOCC on May 17th.
09:45:27 We are hopeful that the BOCC will accept this report.
09:45:30 And our hope is to categorize the strategic plan for
09:45:34 the affordable housing in our community.
09:45:39 Affordable housing is a key competitive edge.
09:45:43 It involves jobs, economic and community development
09:45:46 for us.
09:45:47 The affordable housing is more and more working force

09:45:51 people, in day-to-day life.
09:45:53 And affordable housing is attainable, clean, decent,
09:45:59 roof over your head, reigned or owned.
09:46:01 Affordable housing is across the board for everyone.
09:46:04 As the market changes and federal dollars decrease, we
09:46:07 must develop local solutions and resources now at this
09:46:12 point.
09:46:12 And as you know, there have been plenty of articles,
09:46:19 information that has been in the paper about
09:46:21 affordable housing.
09:46:22 Our step is to go before the BOCC on May 17th.
09:46:30 And our next meeting is on May 8th.
09:46:32 And I can take questions if you have any right now.
09:46:36 >>LINDA SAUL-SENA: Did the state keep the housing
09:46:38 trust fund in place?
09:46:45 >> That means they haven't --
09:46:47 >> They haven't gotten to that point yet.
09:46:50 Everyone in the county and the city, the different --
09:47:00 maybe Cindy Miller can speak to that point.
09:47:07 As far as the task force they have reported back.
09:47:18 >> Desiree, what are they talking about
09:47:20 inclusionary --

09:47:22 >>> Right now, the task force and the inclusionary
09:47:25 zoning, in the internal task force wants to strengthen
09:47:29 the existing efforts and encourage voluntary
09:47:32 strategies.
09:47:33 And the advisory board can be tasked to research the
09:47:39 best practices throughout the state and the county.
09:47:43 They are going to monitor that case law.
09:47:45 But at this point, the inclusionary zoning is not a
09:47:52 mandatory on the developer.
09:47:57 >>MARY ALVAREZ: Are you aware -- or is the task force
09:48:00 aware that Sarasota County does have mandatory -- are
09:48:03 they looking at that, too?
09:48:05 >>> Yes.
09:48:05 The hope of the task force is to hire a somewhat of a
09:48:10 czar, a liaison, for affordable housing.
09:48:12 And this person will be able to find out all this
09:48:15 information who will work across the board, he or she
09:48:18 will work across the board and be able to go through
09:48:20 different departments and have that power.
09:48:24 That is the hope of the task force.
09:48:25 And the task force hopes to stay at least at 13
09:48:30 members or so.

09:48:31 >> So how is the City of Tampa going to be a partner
09:48:33 in this thing?
09:48:35 >>> The czar is going -- it's in place actually in the
09:48:40 requirements of the job opportunities for the czar to
09:48:44 go ahead and communicate with the City of Tampa.
09:48:47 And I'm sure if we have a place on the table right now
09:48:51 in the task force, we will have it again with the
09:48:55 different municipalities.
09:48:57 >>GWEN MILLER: Other questions by council members?
09:48:58 Mr. Dingfelder?
09:49:00 >>JOHN DINGFELDER: I'm wondering, Ms. Miller, are you
09:49:03 here on this issue as well?
09:49:07 Year here in support.
09:49:09 And Desiree, we appreciate all the hard work you have
09:49:11 done on this.
09:49:12 I'm wondering, Ms. Miller, if you could.
09:49:14 Recently, in different contexts, we have talked about
09:49:19 incentives, you know, that the city, through our
09:49:25 zoning code, perhaps, or other mechanisms may be in
09:49:28 our comprehensive plan, you know.
09:49:31 Do we have good incentives in there to do affordable
09:49:34 housing?

09:49:34 Are there additional incentives we can look at?
09:49:37 I think we had that discussion at Channelside, didn't
09:49:40 we, Shawn, recently?
09:49:43 And as opposed to going into a mandatory program.
09:49:46 I think it's a little premature but clearly I think we
09:49:49 can do a better job with incentives.
09:49:53 >>> Cindy Miller, housing and development.
09:49:57 When it comes to individual developments, we have
09:49:59 utilized negotiation.
09:50:01 You had mentioned the most recent rezoning for
09:50:04 Channelside.
09:50:04 You may recall that when we came before you for the
09:50:08 real estate transaction for the entire properties in
09:50:11 West Tampa, we had put in that transaction not just
09:50:15 the requirement that affordable housing be part of
09:50:19 lots that were being pulled from the city to the
09:50:22 developer but also for their entire program there be a
09:50:25 requirement that there be affordable housing within
09:50:27 their entire in-town properties development.
09:50:30 So we have already utilized that from a standpoint of
09:50:32 negotiation.
09:50:33 And it is our policy within the department that when

09:50:36 we have such an opportunity, we will certainly utilize
09:50:38 it.
09:50:43 And council has certainly been supportive with the
09:50:46 rezoning.
09:50:47 At this point we believe as we look at these
09:50:49 developments, that has certainly been a benefit and
09:50:52 the developers have been cooperative.
09:50:54 >>JOHN DINGFELDER: I'm just wondering if we shouldn't
09:50:55 perhaps look at codifying something, you know, within
09:50:58 the zoning code that jumps out to say that affordable
09:51:09 housing bonus provision, that sort of thing.
09:51:12 And then that way it's there.
09:51:13 It's not something we have to negotiate on an ad hoc
09:51:16 basis.
09:51:18 >>> That is something we are looking at from the
09:51:19 standpoint of having incentive as opposed to a
09:51:22 mandate, and if developers are looking at additional
09:51:24 density, other enhancements, other bonuses, that
09:51:28 affordable housing would be one means to do that.
09:51:31 But it's certainly something we are looking at as we
09:51:33 look at code revision.
09:51:35 >> What's our time frame?

09:51:37 >>> I think in most cases, it will be first addressed
09:51:41 as we look at the various plans in CRA and that will
09:51:44 be our first step.
09:51:45 And then we would be looking at it as we look at other
09:51:47 zoning changes as we continue with chapter 27 and
09:51:51 other areas.
09:51:53 I can't give you a date right now.
09:51:55 I will be happy to get back to you as to what we
09:51:57 consider a time line for that.
09:52:07 >>MARY ALVAREZ: With affordable housing and workforce
09:52:10 housing, there's two distinct -- what do you call it?
09:52:16 -- definitions for me.
09:52:17 Workforce, I think, would work better in the Channel
09:52:20 District than affordable housing would.
09:52:22 I don't know how you feel about that.
09:52:24 But if we give these incentives to the contractors, or
09:52:28 to the developers, they need to have a definition of
09:52:35 what they want, or what we want, you know, and
09:52:38 affordable is just not --
09:52:44 >> When we as a department and when we had worked as
09:52:46 an example with Intown properties, we don't use the
09:52:49 term precisely affordable housing or obtainable

09:52:52 housing.
09:52:52 What we do is base it upon sales price of a house and
09:52:55 the percentage above or below the average median
09:52:59 income for our area under federal guidelines, based
09:53:01 upon size of family, things of that nature.
09:53:05 So when we do get into discussion and negotiation on
09:53:07 the contractual requirements, the way we do that is
09:53:16 identify how much above or below the median.
09:53:18 And I think when you look at the definition of
09:53:20 affordable housing that usually says at medium or
09:53:23 maybe a shade, 20% above, and, say, 80% of.
09:53:28 When you look at attainable I don't know we have an
09:53:32 official definition from the federal government.
09:53:34 But we can look at that based upon family size, median
09:53:38 income, how much above median income would we consider
09:53:42 to be attainable or workforce housing.
09:53:44 So I think we can work with that based upon definition
09:53:46 that is already exist in the federal government.
09:53:48 >>MARY ALVAREZ: Okay.
09:53:49 And also Desiree, when you were talking about the
09:53:56 affordable housing task force, they are talking about
09:53:58 affordable, not talking workforce, is that right?

09:54:02 >>> They are talking about everything across the
09:54:03 board.
09:54:04 >> Across the board?
09:54:05 >>> Across the board.
09:54:05 Attainable community workforce.
09:54:07 It's for everybody.
09:54:09 Changing the face of it is basically what it is.
09:54:12 And for a time line, if you all would like -- once we
09:54:16 have this report formulated, we are going to present
09:54:18 to the BOCC, and then after that they are going to
09:54:21 come to you and ask for your approval on it, also.
09:54:24 Because it will change different codes as far as
09:54:29 county codes and everything.
09:54:30 So at that point we will be able to go through it and
09:54:34 make sure that, you know, we are working together, we
09:54:37 are all on the same page, and that's what this task
09:54:40 force is about.
09:54:47 >> I know Desiree goes to every meeting.
09:54:50 I don't believe she's missed any of them.
09:54:52 I'm really proud of her.
09:54:54 Thank you.
09:54:54 >>GWEN MILLER: Keep up the good work.

09:54:57 >> So you will just get back with us.
09:54:59 >>> Absolutely.
09:55:00 >>GWEN MILLER: Thank you.
09:55:03 Item 10, Mr. Shelby.
09:55:05 >>MARTIN SHELBY: A follow-up to the public input at
09:55:08 first reading of ordinances.
09:55:10 I provided a memo to council.
09:55:12 I have had an opportunity to meet with the city
09:55:14 attorney and city clerk.
09:55:15 It's my recommendation that council consider calling
09:55:18 all the ordinances placed on consent and make it the
09:55:21 first item under the consent docket for ordinances
09:55:24 presented for first reading and that will highlight
09:55:26 all the ordinances together in one place for council.
09:55:30 Council can then choose whether during approval of the
09:55:33 agenda to pull those, and open it up for public
09:55:36 discussion, or just pass them on a consent docket as
09:55:39 presented.
09:55:39 It will be for council's consideration.
09:55:42 That's my recommendation.
09:55:46 >>LINDA SAUL-SENA: I think that's a great idea.
09:55:48 What will we do to implement this?

09:55:50 >>JOHN DINGFELDER: It's a separate memo.
09:55:52 >>LINDA SAUL-SENA: What do we do to make this happen?
09:56:03 >>> (off microphone)
09:56:04 My motion would be to ask the clerk to rearrange
09:56:07 things on the agenda.
09:56:09 >> Second.
09:56:09 (Motion carried)
09:56:26 >>> Good morning.
09:56:27 My name is Greg Spearman, director of purchasing for
09:56:29 the City of Tampa.
09:56:30 And I'm here to speak to you on item number 26 on
09:56:34 today's agenda.
09:56:35 So if we could have the PowerPoint, please.
09:56:38 We are this is a web-based, streamline small projects.
09:56:49 It's used for the upgrades and renovations and also
09:56:54 for minor construction projects.
09:56:58 How the contract works is basically fixed price
09:57:02 contract for several projects throughout the city.
09:57:05 You have a prime contractor who then hires various
09:57:09 subcontractors.
09:57:11 It's based on a unit price booklet and unit praise
09:57:14 established for the local market area.

09:57:18 Contracts are then prey qualified by the city and
09:57:21 selected for specific projects and then the work is
09:57:23 assigned based on contract of qualifications.
09:57:28 The bids are determined by the contractor, profit and
09:57:34 overhead and also the unit price on the unit price
09:57:36 booklet.
09:57:37 So the total contract cost is based on the unit price
09:57:40 booklet for line items for labor, materials, supplies,
09:57:45 equipment, services, plus the profit and overhead.
09:57:52 Additional work would then be assigned to a contractor
09:57:54 based on the contractor's action performance.
09:57:59 So the what we do for the bidding time, it allows for
09:58:03 multiple contract awards, and it increases
09:58:07 participation, and lowers costs and also reduces the
09:58:11 incidence of change orders
09:58:15 Agents that are currently using JOC are Miami Dade
09:58:22 public schools, they have been using it for 13 years,
09:58:24 Tampa housing authority, it says three years on this
09:58:26 slide presentation.
09:58:27 You it's actually five.
09:58:29 And Brevard county, two years.
09:58:31 Palm Beach County for ten years.

09:58:33 City of Miami Beach four years.
09:58:35 And also Broward County currently using JOC right now.
09:58:40 So the next steps regard for approval by City Council,
09:58:45 we would formulate a project change.
09:58:47 We would also do the contractor pre-qualification
09:58:50 process.
09:58:51 We would do the system training and implementation.
09:58:54 We -- I would be happy to answer any questions that
09:59:01 you might have.
09:59:01 We also have with us today Mr. Green of the Gordon
09:59:08 group.
09:59:10 >>KEVIN WHITE: Just a couple quick questions for you.
09:59:12 I believe the Tampa housing authority uses this program
09:59:14 as well, don't they?
09:59:16 >>> That is correct.
09:59:17 They have been using it now for five years.
09:59:18 >>KEVIN WHITE: I didn't see them on there.
09:59:21 You said it's very successful for them.
09:59:23 What would be the process, or would JOC be included in
09:59:27 the contracts for small contractors that are bidding
09:59:32 on jobs that are under the $50,000 range, would they
09:59:36 still be included in that?

09:59:38 >> Yes, we will tray to categorize contracts, the
09:59:41 small contracts, medium contracts, and we would
09:59:44 actually set up a JOC process for the bidder process.
09:59:49 >> You think that's a little fairer way?
09:59:51 >>> Oh, absolutely.
09:59:52 Absolutely.
09:59:53 >> Across the board?
09:59:54 >>> Right.
09:59:54 >>GWEN MILLER: Other questions by council members?
09:59:57 >>MARY ALVAREZ: Just one.
09:59:58 Change orders.
09:59:59 How do you propose to reduce those?
10:00:03 >>> What the contractor is required to do, Mrs.
10:00:05 Alvarez, is that they will look at the scope of work
10:00:08 in terms of what has to be done, and the city would
10:00:11 also agree with that scope of work so that the
10:00:15 contract would have to look at the project, make
10:00:18 certain that they understand all the elements and
10:00:20 requirements of it, and if there are any change
10:00:22 orders, then based on the agency that uses it, the JOC
10:00:29 contractor cannot just charge anything.
10:00:31 They have to go back to the unit price book and charge

10:00:33 what is -- pricing based on what the regional pricing
10:00:37 is in the booklet.
10:00:39 So with that contract concept in mind, to see a
10:00:45 reduction in the amount of change orders that actually
10:00:47 come through.
10:00:48 >> Is that a lengthy process, Mr. Spearman, for the
10:00:51 change order process?
10:00:53 Right now we are just going through a period where con
10:00:57 crete, steel, petroleum products and those things
10:01:00 started skyrocketing.
10:01:02 The change order process through the JOC process.
10:01:06 >>> Gregory spearman: That's a very good question,
10:01:09 councilman.
10:01:10 Once the contract is signed and the JOC contractor
10:01:15 signs, it's stable for one year.
10:01:18 And there are price adjustments but once you sign up,
10:01:22 you're in it for a year.
10:01:24 >> Just make sure enough room in your bid to cover --
10:01:29 >>> Changing conditions in the marketplace.
10:01:30 >>GWEN MILLER: Thank you, Mr. Spearman.
10:01:33 Mr. David Smith.
10:01:50 (telephone interference).

10:01:53 >>GWEN MILLER: There he goes again, council.
10:01:54 He gets a call every tame he comes up.
10:01:57 >>DAVID SMITH: I'm radioactive, what can I say?
10:01:59 What I would like to do is file with you a minor
10:02:02 correction to what you received.
10:02:05 David Smith, city attorney.
10:02:07 Way would like to do is talk to you very briefly about
10:02:09 the first reading of the table ordinance provision.
10:02:12 And I have a minor correction I would like to file.
10:02:30 >>> I think I I gave enough for the council.
10:02:33 And Marty, do you have a copy as well?
10:02:36 If not I have another copy here.
10:02:39 Whale you're disseminating that, what I would like to
10:02:42 do is tell you principally what this does is update
10:02:45 the ordinance.
10:02:46 This ordinance originally came into being sometime in
10:02:48 the 70s, under an entirely different approach to the
10:02:52 regulation and the provision of cable services in the
10:02:55 City of Tampa.
10:02:56 As you may recall at that time, we had almost a
10:02:58 franchise approach in which we had a sole provider so
10:03:01 there are provisions in that ordinance that deals with

10:03:03 the monopoly situation.
10:03:05 We no longer are dealing in that kind of an
10:03:07 environment.
10:03:08 We now have competition or will have shortly.
10:03:11 And the purpose of the amendments to this ordinance is
10:03:13 to reflect that change.
10:03:15 Way would like to do is point out a couple of things.
10:03:18 We really only have, I think, four or five very minor
10:03:21 changes in ordinance and only one or two very minor,
10:03:24 even more minor changes to what you received in your
10:03:27 packet.
10:03:28 Let me briefly walk you through those, if I may.
10:03:30 If you will look on page 2, this is section 1-E.
10:03:35 This simply deals with the requirement for any cable
10:03:42 service provider to notify us if they are making a
10:03:44 filing with particularly the federal communications
10:03:48 commission.
10:03:49 We want to make sure we receive written notice of that
10:03:51 filing, and originally it said prior to their filing.
10:03:56 That doesn't make a lot of sense because if they
10:03:58 choose not to file, we receive notice and they didn't
10:04:01 file.

10:04:01 So what this says is we will receive written notice
10:04:05 efficient to allow us to participate in writing or in
10:04:07 person, in any regulatory matter, which is permitted
10:04:11 by law to participate in.
10:04:12 It just clears up the process.
10:04:15 On the next page, section 2-B, what this does is it
10:04:19 makes it clear that the franchise agreement will
10:04:24 prevail in the event of a conflict as opposed to the
10:04:26 ordinance.
10:04:27 Remember, the regulatory environment is different now,
10:04:29 where you hope to have even more competitors.
10:04:31 We do not have the monopolies tick approach so the
10:04:35 agreements are the appropriate way to address every
10:04:38 issue that's re adjuvant to the citizenry.
10:04:41 The next change is section 3-A, and that entire
10:04:45 section really relates to one change, and that is the
10:04:48 deletion of a franchise fee.
10:04:51 We no longer have the authority to charge a franchise
10:04:53 fee under the communications services tax.
10:04:55 What we did however in subpart A is we retained the
10:04:59 ability to do so if the law is changed again.
10:05:02 So we didn't want to amend the ordinance to vitiate

10:05:05 any possibility of charging a franchise fee, if the
10:05:08 law changes and we are allowed to charge them.
10:05:10 Currently we are not.
10:05:12 So, A, preserves the ability to do so if the law
10:05:16 changes again and other deletions are simply doing
10:05:19 away with the old franchise fee process.
10:05:22 The next change is in section 4-E on page 5 of your
10:05:26 handout.
10:05:27 Very minor change.
10:05:28 It just includes the fact that notice by overnight
10:05:31 mail is also sufficient to constitute notice.
10:05:35 The last two changes on page 6, and it is section 4-C
10:05:41 at the top of the page.
10:05:42 I believe our pages are the same.
10:05:44 It indicates to the extent permitted by then current
10:05:47 FCC regulations deals with a testing process.
10:05:51 It's fair and reasonable, that we don't have absolute
10:05:54 discretion to require tests at any and all times.
10:06:00 We'll do so in conjunction with the text anyway.
10:06:04 And there was originally a prohibition.
10:06:07 I'm not entirely sure why.
10:06:10 Fortunately I don't have to figure that out.

10:06:12 Franchise provider dealing with radio and television
10:06:16 sales.
10:06:18 It is an anachronism so we delete that as well.
10:06:22 These are changes in the ordinance.
10:06:24 Just to give you a heads-up, this is obviously the
10:06:26 first reading.
10:06:27 What we anticipate is two weeks later May 11th we
10:06:30 will be back to you with the second reading and we
10:06:32 will be back to you at that time with the proposed
10:06:35 franchise agreement.
10:06:39 Despite the fact we were essentially there awhile ago,
10:06:41 I think we made the last set of changes yesterday.
10:06:45 I have not yet received those back in terms of my
10:06:48 comments.
10:06:48 I should get those today or tomorrow according to Mr.
10:06:51 Edgington and we will have those in your packet.
10:06:54 May 3rd is the deadline.
10:06:56 We will provide a summary of what that franchise
10:06:59 agreement provides because it is a fairly complex
10:07:01 document.
10:07:01 And I would be happy to meet with any of you at any
10:07:03 time to provide you additional information in that

10:07:05 regard.
10:07:07 Thank you very much.
10:07:07 Any questions?
10:07:08 >>MARY ALVAREZ: Mr. Smith, did the cable advisory
10:07:11 board see these changes?
10:07:13 >>> It's my understanding that Mindy Snyder was
10:07:18 keeping the cable advisory committee in touch with
10:07:21 everything we were doing.
10:07:21 I can't personally vouch for that.
10:07:23 I would also like to make sure they get a copy of the
10:07:27 franchise agreement.
10:07:28 >> But we are supposed to pass it today?
10:07:29 >> This is first reading.
10:07:31 First reading.
10:07:32 >> So then the advisory board would see this after our
10:07:35 first reading?
10:07:36 >>> I think they have already seen it.
10:07:37 I don't want to personally vouch for that because I
10:07:39 didn't personally provide it to them.
10:07:41 But I believe Mindy was going to provide them a copy
10:07:44 of this.
10:07:45 You will know by the nature of the changes however

10:07:47 they are very uncontroversial.
10:07:49 So I will check with Mindy again today if they have
10:07:52 not provided a copy we will make sure they have been
10:07:54 provided a copy but I believe they have.
10:07:56 >> So what about the franchise fees?
10:07:58 Who is charging the franchise fee now then?
10:08:01 >> We don't have any franchise fees.
10:08:03 All we get right now is pursuant to federal -- we get
10:08:06 support for Peg, the public educational and
10:08:11 governmental T stations and the I-Net is the network
10:08:15 and that's all we are provided to get.
10:08:17 Bright House pays us certain amounts of money under
10:08:19 their franchise agreement.
10:08:21 As you will see in the new franchise agreement, the
10:08:23 new competitive will be making payments in that
10:08:28 regard.
10:08:29 >> But there's no payment fee being given to what --
10:08:33 or asking customers to pay?
10:08:36 >>> We do not collect a franchise fee on the Internet.
10:08:41 >> Okay.
10:08:41 And also, the section that you -- .415 where it says
10:08:49 about the engaging of radio and television services,

10:08:53 the converter boxes and stuff like that are supposed
10:08:55 to be -- they can't ask for money for that either?
10:09:00 >>DAVID SMITH: No, this deals with the ordinance
10:09:03 originally had a prohibition preventing them from
10:09:06 being involved in retail or other commercial sales of
10:09:08 radio and TVs.
10:09:09 This doesn't relate to the converter box.
10:09:13 >> It just says converters and accessories.
10:09:18 You struck it out.
10:09:19 That's why I'm wondering --
10:09:20 >>> Let me make sure we are clear on that so let's
10:09:23 review that very briefly.
10:09:27 Specifically prohibited directly or indirectly from
10:09:30 the sale or leasing of television receivers, radio
10:09:32 receivers, or television or radio parts, except such
10:09:36 parts and accessories required for any type of cable
10:09:39 connections.
10:09:40 So they have always been able to deal in those types
10:09:45 of products.
10:09:48 >> Now they can't.
10:09:49 >>> It was apparently viewed that -- standard monopoly
10:09:53 theory is when you have a monopoly you want to avoid

10:09:57 what are tied products which means you can use my
10:09:59 monopoly service or product but you always have to bay
10:10:02 this other thing from me or this other series of
10:10:04 things from me.
10:10:05 So I'm sure the concept that informed that ordinance
10:10:09 originally was we are not going to provide an
10:10:12 opportunity for a monopoly to take advantage of our
10:10:16 citizens by selling them hard products such as TVs
10:10:19 and radios.
10:10:20 So it doesn't provide for the fact they were to
10:10:23 provide converter boxes.
10:10:25 All this does do is removes the prohibition of them
10:10:27 being able to sell TVs and radios. Now whether
10:10:30 Verizon or Bright House is in the business of selling
10:10:33 TVs and radios, I don't know but it seemed like an
10:10:37 anachronism.
10:10:38 We do have representatives from Verizon if you would
10:10:41 care to hear their input on this today.
10:10:43 But I don't think they were intending to speak.
10:10:47 >>LINDA SAUL-SENA: I just want to clarify that what's
10:10:49 before us is dealing with our basic ordinance that
10:10:52 relates to this.

10:10:52 This is not the specific agreement with Verizon.
10:10:56 >>> Yes, ma'am, that is correct.
10:10:57 This is just the ordinance.
10:10:58 >> But the general enabling legislation.
10:11:00 >>> Yes, ma'am.
10:11:01 >> Thank you.
10:11:02 >>> You're welcome.
10:11:02 >>SHAWN HARRISON: Mr. Smith, you said that we don't
10:11:05 charge franchise fees.
10:11:09 But the cable providers are paying us something.
10:11:12 >>> Yes, sir.
10:11:12 >> What's the difference?
10:11:14 >>> They are paying what's known as Peg and I-Net.
10:11:18 Peg is the public educational governmental channels.
10:11:21 I-Net is institutional network.
10:11:24 They are paying fees to support those services.
10:11:26 We also get contributions in kind without paying --
10:11:30 for example, among other things, they wire every
10:11:32 governmental building located in the city for cable
10:11:36 service.
10:11:36 And they do that without charge.
10:11:39 So we get some services in-kind.

10:11:43 But the primary economic benefit the city gets is Peg
10:11:46 and I-Net support.
10:11:48 Actually it's the sole benefit we get.
10:11:51 >>SHAWN HARRISON: I thought there was like a
10:11:54 per-subscriber charge that the city collected as well.
10:12:00 >>> There will be, or there's contemplated a
10:12:02 per-subscriber charge with respect to the Peg and
10:12:08 I-Net support under the Fran chase agreement but I do
10:12:11 not know if Bright House is currently paying.
10:12:14 >>GWEN MILLER: Mrs. Saul-Sena?
10:12:16 >>LINDA SAUL-SENA: One more question.
10:12:25 Is there any press debt -- precedent for other
10:12:29 providers to provide YIFI in the downtown district?
10:12:33 >> I don't know of any.
10:12:34 That's an Internet access.
10:12:36 And this is a cable product.
10:12:38 I wouldn't be too surprised if some of these same
10:12:41 companies are involved in connectivity to the
10:12:45 Internet.
10:12:45 In fact I'm sure you will see bundled products being
10:12:47 offered.
10:12:48 But right now we have no ability to require that they

10:12:52 provide that service.
10:12:53 The Peg and I-Net support is something we are allowed
10:12:57 to do under federal legislation as I understand it.
10:12:59 >> So my question is does the federal legislation
10:13:02 preclude them from doing that?
10:13:03 >> It doesn't preclude them from doing that but we
10:13:06 only have the ability to exact from them that which
10:13:10 the federal legislation allows us to do.
10:13:13 Largely preempted by federal and state law.
10:13:16 I should probably at left mention to you, you probably
10:13:19 are aware there's efforts both at the state
10:13:20 legislature and the federal legislature to change the
10:13:25 regulatory approach to cable service.
10:13:27 The state legislature will make it a statewide permit
10:13:30 which would essentially remove your jurisdiction in
10:13:33 this regard.
10:13:34 And do something things at the national level.
10:13:37 So far, we have testified that we don't agree with
10:13:42 that approach.
10:13:42 >>GWEN MILLER: Thank you.
10:13:44 Mr. Roland Santiago.
10:13:49 Mr. Marty Shelby.

10:13:57 >>MARTIN SHELBY: I believe Mr. Santiago had a
10:13:59 substitution.
10:14:19 Oh, 33, yes.
10:14:20 I'm sorry.
10:14:21 I wanted to bring 33 to council's attention because I
10:14:23 believe it requires a super majority vote to waive the
10:14:26 15-day notice requirement on a 4(COP-R) wet zoning
10:14:32 prayer to its passage.
10:14:34 So it would require a separate vote and I believe the
10:14:36 issue of number 33 on the consent docket?
10:14:42 >>CHAIRMAN: Yes, we have it.
10:14:44 >>> I believe there's been previous discussion on the
10:14:46 notice requirement.
10:14:49 And just to highlight for council, this does require a
10:14:51 super majority vote pursuant to the code to allow
10:14:55 approval of the one-day wet zoning.
10:15:00 >>GWEN MILLER: Mr. Smith, come back again.
10:15:01 >>DAVID SMITH: I wanted to clarify the question that
10:15:04 Mr. Harrison asked.
10:15:06 Although it's not a franchise per se when do have a
10:15:08 communication systems tax that is probably what you're
10:15:11 referring to that shows up on the bill for cable

10:15:14 services.
10:15:15 So that does exist.
10:15:19 I'm sorry for any confusion that may have caused.
10:15:21 Thank you.
10:15:22 >>GWEN MILLER: Okay, thank you.
10:15:23 Is there anyone in the public that would like to ask
10:15:25 for reconsideration?
10:15:28 Anyone in the public like to ask for reconsideration?
10:15:31 Is there anyone in the public that would like to speak
10:15:33 on any item on the agenda that is not set for public
10:15:35 hearing?
10:15:42 >> Good morning.
10:15:43 I'm Lee Nedar, and I live at 647 Geneva Place on Davis
10:15:47 Island.
10:15:48 I'm speaking to item 8.
10:15:50 and I want to thank councilman John Dingfelder and
10:15:57 Linda Saul-Sena for bringing this up in front of the
10:16:02 public.
10:16:04 I would like to clarify that the reason I'm here is
10:16:08 that -- I'm here to question how the lease is written
10:16:14 up.
10:16:15 And Linda Saul-Sena indicated awhile ago to Karen

10:16:22 Palus that some people are under the impression that
10:16:25 they can spend it for traffic calming.
10:16:26 We are not under the impression at all.
10:16:28 The question is, why can't we include it, include
10:16:34 traffic calming?
10:16:37 It's been a priority the last five years on Davis
10:16:39 Island.
10:16:40 We have looked everywhere to find funds to do traffic
10:16:45 calming.
10:16:46 The funds were a gift to the community of Davis
10:16:49 Island.
10:16:51 It was not gifted to the city, except by how the lease
10:16:56 was written.
10:17:00 I have seen Hytoff and he would be happy to show you
10:17:11 what the moneys were for if you would like to call
10:17:13 him.
10:17:14 There were no rules about how the city would tell us
10:17:17 how to spend it.
10:17:20 And I have done enough surveys.
10:17:35 I have been on the task force for five years and the
10:17:37 major input we have gotten is that we need to do
10:17:39 something about our traffic.

10:17:41 We have applied to the city for help.
10:17:43 We have applied trying to -- we got all of our large
10:17:47 stakeholders, TGH, HCC, Hillsborough County aviation
10:17:52 authority, coming to the president's council to try to
10:17:57 find funding.
10:17:58 We cannot find funding for a study.
10:18:01 We now have gotten a proposal for a three-day charette
10:18:08 which is totally which is totally composed of the
10:18:12 community and the community gets the input, they tell
10:18:14 them what the problems are and these professional
10:18:17 engineers who are pedestrian friendly help solve the
10:18:29 problem.
10:18:29 It cost $50,000 to do it.
10:18:31 It cost $270,000 to implement.
10:18:34 Even one, say, roundabout.
10:18:40 But we are in really big trouble on Davis Island, and
10:18:43 we have not been able to get the money to do it for
10:18:46 ourselves.
10:18:47 And Tampa general gave us the money.
10:18:50 We can do that.
10:18:51 And the city has put restrictions on it, which causes
10:18:56 the chamber, as well as the task force, compromising

10:19:03 on what is the priority of our community.
10:19:07 And that was the reason for the money.
10:19:09 So if you have any questions within your
10:19:14 documentation.
10:19:16 >>LINDA SAUL-SENA: I believe you had some surveys that
10:19:18 you sent out to the island residents.
10:19:24 >>> (off microphone).
10:19:26 >> You need to speak into the microphone.
10:19:33 >>> I sent out to the community as well as every
10:19:37 resident on the island.
10:19:43 Two out of three, I'm sorry, two out of three respond.
10:19:48 The question was, do you want to spend this million
10:19:51 dollars on parks and recreation facilities?
10:19:54 Or do you want to spend it on traffic?
10:19:57 Management, calming, whatever, we have two out of
10:20:02 three saying they want to spend the money on traffic
10:20:04 calming.
10:20:05 And I gave you the surveys.
10:20:08 And these are people that are being damaged by our
10:20:15 street.
10:20:15 Thank you.
10:20:15 >>CHAIRMAN: Thank you, next.

10:20:17 >>JOHN DINGFELDER: We appreciate all you do on Davis
10:20:19 Island.
10:20:20 And I'm sure elsewhere in the community.
10:20:24 I think from a legal perspective, for us to call Ron
10:20:29 Hytoff and have that kind of dialogue, might be
10:20:32 interesting but I don't know that it will be
10:20:35 particularly practical or useful.
10:20:37 I think the more useful thing might be if Mr. Hytoff
10:20:39 and his board at TGH wish to enter into a lease
10:20:44 negotiation with the city to change that.
10:20:47 They may need to put that into writing and send it to
10:20:50 the city, copy us so we know what's going on, and then
10:20:55 the city administration would have to agree to it.
10:20:58 And then it would come to council for a change of the
10:21:00 lease to accommodate the request, as you say, some of
10:21:05 your neighbors on Davis Island who want to include
10:21:07 transportation as part of the million dollars.
10:21:09 So I think it has to be more of a formal thing and it
10:21:14 has to be TGH agreeing to it formally with the
10:21:16 administration before it came to council.
10:21:22 So those just my suggestion.
10:21:25 >>GWEN MILLER: Thank you.

10:21:25 Next.
10:21:28 >>JOHN DINGFELDER: And I apologize if it got screwed
10:21:30 up.
10:21:33 >>> My name is Jeffrey seaward, a resident of Davis
10:21:37 Island, 51 PADOGA, a member of the task force, and in
10:21:46 particular I am the chairman of the subcommittee for
10:21:48 transportation.
10:21:49 I'm a professional engineer with a traffic background.
10:21:54 I work locally with an engineering firm.
10:21:56 But most importantly, I am a passionate resident of
10:21:59 Davis Island, and I have an extreme desire to maintain
10:22:04 a quality of life there.
10:22:05 That's why I volunteered for the task force, to use my
10:22:08 professional skills in developing some of the aspects
10:22:12 of the transportation portion of the plan.
10:22:16 And I would like to echo what Lee said.
10:22:18 This is truly a grassroots effort.
10:22:21 For four years now, we have been conducting workshops,
10:22:24 sending out surveys, questionnaires, the resounding
10:22:28 issue on this island is speeding and traffic.
10:22:32 Number one.
10:22:32 That's what we heard for four years.

10:22:34 Okay.
10:22:35 I applaud you in your previous action this morning to
10:22:43 consider this lease and where it most effect everyone
10:22:47 on this island.
10:22:48 Because as we have heard, speeding is a huge issue and
10:22:58 I heard a very detailed plan from your parks and
10:23:00 recreation representative earlier about the steps
10:23:03 involved.
10:23:03 And I suggest we get a schedule from that so that we
10:23:06 can follow the progress.
10:23:09 As Mr. Dingfelder indicated it's a process that we are
10:23:12 changing the verbiage and the lease so that it opens
10:23:15 up opportunities to spend the money where the
10:23:19 grassroots people feel it is important.
10:23:24 That's all I have to say.
10:23:25 Thank you very much.
10:23:25 >>GWEN MILLER: Thank you.
10:23:26 Next.
10:23:31 >>> I live on Davis Island at 647 Geneva place.
10:23:35 And what I'm about to say is probably politically
10:23:39 incorrect.
10:23:43 What's in my heart is on my lips.

10:23:46 A travesty is being promulgated on the citizens of
10:23:50 Davis Island by the Parks and Recreation Department of
10:23:54 the City of Tampa.
10:23:57 Last May, we almost had a revolution on the island
10:23:59 over four tenths of an acre of land that TGH
10:24:03 desperately needed for additional parking.
10:24:05 Ron hey Toph, CEO of TGH, offered directly to the
10:24:10 citizens of Davis Island not only a 1300-foot
10:24:15 waterfront public Promenade around their building, but
10:24:19 in addition verbally committed to the citizens of
10:24:22 Davis Island $1 million.
10:24:26 These moneys were not required by the city for them to
10:24:30 receive approval of the lease they sought.
10:24:34 They put no expenditure directions or limitations on
10:24:38 these funds.
10:24:41 For most of one year -- no, the public hearing, by the
10:24:46 council on May 17th that you all attended and
10:24:48 listened to the wee hours of the morning, attended by,
10:24:53 I'd say, 7, 8 Hawn people, and that you ought to
10:24:57 listen to at least 60 pros and 30 cons about whether
10:25:03 they ought to get it or not get it, and the nature was
10:25:07 wearing thin.

10:25:09 Anyhow, that's to say the very least.
10:25:12 Anyway, you all passed the resolution for Davis Island
10:25:18 hospital.
10:25:22 To get the .4-acre.
10:25:24 All right.
10:25:25 So council approved their request for most of one
10:25:27 year.
10:25:27 The legal department cautioned the city staff and the
10:25:30 council not to speak of the million dollars as the
10:25:35 council approval was being appealed by the courts by
10:25:39 Davis Island civic association.
10:25:45 There are, nothing has been done about the
10:25:47 misappropriation.
10:25:48 The Parks and Recreation Department has had the funds
10:25:51 in a special departmental account since June of last
10:25:53 year.
10:25:59 Since the gag rule has been removed since the legal
10:26:01 opinion supported by the City Council decision, we now
10:26:05 bring it to the attention of the council.
10:26:10 Doing the writing of the lease, Morris Massey a who
10:26:14 you all know as former city attorney, then the legal
10:26:17 department of the city, indicated to questions that

10:26:19 the department of parks and recreation's
10:26:22 representative added the proviso in the lease that the
10:26:30 moneys would only be spent for parks and recreation on
10:26:32 city owned facilities on Davis Island.
10:26:37 Contrary to what the intent was by Ron Hytoff.
10:26:43 This totally ignores the thousands of hours put in by
10:26:47 Davis Island neighborhood planning task force, getting
10:26:51 input on the community's priorities for the last four
10:26:54 years.
10:26:55 You all set them up.
10:26:57 I think it was June of 2001.
10:27:00 (Bell sounds).
10:27:03 Did the city staff ever ask?
10:27:05 No.
10:27:07 Tampa General Hospital met in a public meeting with
10:27:09 the Davis Island Chamber of Commerce and offered the
10:27:13 million to the community.
10:27:16 Did the city's legal department investigate legally?
10:27:19 >>GWEN MILLER: You have to wrap it up now.
10:27:21 Your time is up.
10:27:22 >>> Can you give me another 15 seconds?
10:27:25 >>GWEN MILLER: 15 seconds.

10:27:26 15 seconds.
10:27:27 >>> The legal department investigated the Chamber of
10:27:30 Commerce made verbal contact with TGH by getting
10:27:34 written approval in support of the city's lease
10:27:36 language.
10:27:38 I encourage you all to represent the voters who pay
10:27:40 the salaries. The million dollar grant by the Parks
10:27:42 Department, that is outrageous.
10:27:45 No. It's chutzpa.
10:27:45 >> Can you spell it? (Laughter)
10:27:47 >> It's a term that's Yiddish. C-H-U-P-H-A-S.
10:27:57 I can write it down but I can't spell it.
10:28:00 But what it really means is, unmitigated gall. They
10:28:07 have a word in Spanish or the phrase in Spanish for
10:28:09 the same thing.
10:28:16 (Laughter)
10:28:19 Anyway, can I ask one question?
10:28:23 Who's running the store?
10:28:24 Is it you all?
10:28:26 Is it the mayor?
10:28:30 Or is it the head of parks and recreation
10:28:33 department -- recreation department who never got a

10:28:35 single vote?
10:28:36 >>ROSE FERLITA: I want to know what the same word is
10:28:41 in Italian.
10:28:42 Can you tell me?
10:28:43 >>GWEN MILLER: All right.
10:28:47 Thank you.
10:28:48 Next.
10:28:57 >>> Rudy Fernandez, representing Davis Island civic
10:29:00 association and my daughter representing take your
10:29:02 daughter to workday.
10:29:03 At any rate, regarding the issue at hand, the Davis
10:29:05 Island civic association voted on this based on the
10:29:09 assumption that the money was to be used for parks,
10:29:12 which sounds to me from the legal department is to be
10:29:15 the case.
10:29:16 What we felt as far as our third of the vote on this
10:29:19 whole thing -- and I'm glad that the process is going
10:29:22 forth with the three parties and all the community
10:29:25 input because that's the most important part of all
10:29:28 this, the direction we would like to go on this is to
10:29:30 take the million dollars and leverage it as best we
10:29:33 can.

10:29:34 In other words, if we can use that money to obtain
10:29:36 federal or money state or county grants that would be
10:29:41 our number one priority.
10:29:42 As we looked at the million dollars if those grants
10:29:45 aren't available, the way we voted to allocated is,
10:29:49 number one, our big push is for a linear park along
10:29:53 the eastern edge of Davis Island.
10:29:55 Much of that is public property. The hospital
10:29:57 promised to put a linear park in front of their
10:30:00 property.
10:30:00 We would like to anchor that by putting a parkway, a
10:30:03 linear park around the airport.
10:30:05 We have talked about this with the Parks Department.
10:30:07 Our understanding is that would cost somewhere in the
10:30:09 neighborhood of 6 to $700,000.
10:30:11 So that would be our first priority to do that.
10:30:15 That would put together the two anchors of this linear
10:30:19 park.
10:30:19 And again this is a ten-year plan down the way.
10:30:22 Part of that park is already in existence, called
10:30:25 channel drive.
10:30:26 Part of it is going around the marina.

10:30:28 So we figured having these two anchors will build this
10:30:31 long-term vision of a park along the eastern shore of
10:30:34 Davis Island with the remainder of the money we were
10:30:37 talking about a water park at the Roy Jenkins pool
10:30:40 similar to the water park they had at Kate Jackson
10:30:44 park.
10:30:44 We felt that would be a good idea.
10:30:46 There have been some suggestions for environmental
10:30:48 issues, in the channel area, putting -- I don't know
10:30:53 the exact description but putting these things under
10:30:55 water like they did along Bayshore Boulevard, that
10:30:57 make the water a lot cleaner.
10:30:59 I don't know if that would come under parks.
10:31:01 But the idea of the linear park, although it's under
10:31:04 parks, we the side benefit would be it would help
10:31:09 transportation, because it gets kind of dangerous
10:31:12 along south Davis Boulevard.
10:31:13 There are a lot of bicyclists, a lot of pedestrians, a
10:31:16 lot of roller skaters that use that area and we think
10:31:19 by building this park along the southern end of Davis
10:31:21 Island around the airport, that would help the traffic
10:31:26 calming device by putting that in there.

10:31:27 So although it is park space, it is traffic calming.
10:31:30 It also helps the businesses because we lake people
10:31:33 coming on Davis Island, riding bikes, riding roller
10:31:36 skates, whatever the case may be, walking, jogging,
10:31:41 because that helps the businesses and the Chamber of
10:31:43 Commerce.
10:31:43 We like the way you're proceeding with this bringing
10:31:46 these parties together and bringing the community
10:31:47 input.
10:31:48 And we hope that council will stay very involved in
10:31:50 this whole process.
10:31:52 Thank you very much.
10:31:54 >> Thank you, Rudy.
10:31:58 >>> Good morning, ladies and gentlemen of the council.
10:32:00 My name is ray MULBY, resident Davis Island and the
10:32:05 task force and living on the island.
10:32:07 I have a handout that I would like to share with you
10:32:09 this morning.
10:32:24 I hear people talk about where is this million dollars
10:32:26 going to go?
10:32:27 And whether it goes to parks and recreation or goes to
10:32:30 traffic calming, there's a bridge between the two. In

10:32:32 other words, it's all about the people and it's about
10:32:34 the children that wave on the island and it's about
10:32:36 us, whether we live there or we go there to even
10:32:39 visit.
10:32:40 What I have given you is a map.
10:32:42 It's a condensed version of the Davis Island map that
10:32:44 you can buy here on Davis Island.
10:32:47 And if you look between some of the points that I put
10:32:51 on there, Davis Island Boulevard, which is the main
10:32:53 drag down the middle of the island, not down the
10:32:58 middle, to the extreme east on the island.
10:33:00 We have one crosswalk that allows to you get onto the
10:33:04 other side of the street.
10:33:06 And it's almost a mile before there's another
10:33:08 crosswalk.
10:33:09 Yet we call ourselves the pedestrian island.
10:33:12 About .8 of the entire population of the island live
10:33:16 on the west of Davis Boulevard, yet the parks and
10:33:19 recreation are on the east side and there's no way for
10:33:21 the island to cross the street to get to the parks and
10:33:24 recreation.
10:33:25 So whether we use the million dollars to make an

10:33:28 emerald city on the east side of the island and
10:33:32 complement what already exists there, the people of
10:33:34 the island itself cannot cross the street because
10:33:37 traffic goes up to 50 miles per hour down Davis
10:33:40 Boulevard until it forks and December Pates in the
10:33:43 business district.
10:33:44 Now, we have schools in this district.
10:33:47 Like the seaborn school.
10:33:49 They have to walk their children, at least the pre-K
10:33:52 kids, almost a mile down to the downtown district to
10:33:55 cross the street to get over to the parks and
10:33:58 recreation area on the other side when they want to
10:34:00 have their play time.
10:34:02 Parents picking up their children at seaborn school
10:34:06 have had limbs shattered by cars going so fast in that
10:34:12 first 100-yard of the island.
10:34:13 And these are things that do not show up on accident
10:34:16 reports anywhere.
10:34:16 If you look at the police report they are not there.
10:34:18 If you look at the police report and the Davis Island
10:34:21 newspaper, that are distributed to you on page 10, I
10:34:25 wrote an article of a Tampa general surgeon who was

10:34:29 called out of surgery to attend the fact that someone
10:34:33 speeding so fast coming off the bridge on the Davis
10:34:35 Island in that first .9 miles hit her car so hard it
10:34:41 demolished it, pushed itself up onto the sidewalk
10:34:44 almost at the fence where children at the seaborn
10:34:47 school are playing.
10:34:48 So while we are approximate battling whether there's
10:34:52 going to be a million dollars to a new park or traffic
10:34:55 calming let me let everyone be aware that statistics
10:34:58 do not tell us the true story.
10:35:00 It's the people that live there that tell the true
10:35:02 story.
10:35:04 And I'm a young athletic male and I cannot cross the
10:35:08 street with my dog and a baby stroller.
10:35:10 I cannot do that.
10:35:11 The only crosswalk that you can see at the top of this
10:35:14 is at the bottom of a curbed bridge with a blind spot.
10:35:20 And you cannot use that, not because if you're wimpy,
10:35:25 it is not just a health hazard, it is a life risk.
10:35:33 >>LINDA SAUL-SENA: Thank you.
10:35:34 I just have to thank you for coming down and really
10:35:38 underscoring what I experience on a daily basis.

10:35:41 You said it very well.
10:35:42 It is really dangerous.
10:35:44 >>GWEN MILLER: Thank you.
10:35:46 Mrs. Ferlita.
10:35:47 >>ROSE FERLITA: Do you want to talk about this same
10:35:51 issue? Go ahead.
10:35:52 I'll comment after.
10:35:56 >>> My name is Jennifer FIDALAN, a business owner on
10:36:01 Davis Island, a resident on Davis Island and Chamber
10:36:04 of Commerce president this year.
10:36:06 I am going to be really brief because I think a lot
10:36:09 has been already been said but the chamber, agree with
10:36:13 the linear park idea.
10:36:14 We definitely have traffic concerns.
10:36:16 We have parking concerns.
10:36:17 We also would like to see the business, the village
10:36:22 area beautified and streamlined so a nicer place for
10:36:26 residents to spend time and hopefully attract some
10:36:28 off-island residents as well.
10:36:31 I wanted to give you that perspective.
10:36:33 But I am excited to hear that the three parties are
10:36:35 still going to move forward, working with council and

10:36:38 with the city, to find a suitable outcome for the
10:36:42 money.
10:36:43 So we are supportive of this.
10:36:46 But we do have other concerns.
10:36:47 We would like to also use this money to build more
10:36:51 money like Rudy said.
10:36:52 And to get city funds, state funds, federal funds to
10:36:55 do more that will accomplish more on Davis Island.
10:36:58 Thank you.
10:36:59 >>GWEN MILLER: Thank you.
10:36:59 Ms. Ferlita.
10:37:01 >>ROSE FERLITA: It appears that everybody has valid
10:37:03 reasons and valid priorities about where the money
10:37:06 wants to go.
10:37:06 And I think based on what our attorney said, the
10:37:10 language in the lease, that right now it's in parks
10:37:13 and recreation.
10:37:14 I think the idea that you have three representatives
10:37:17 of the leadership groups that are going to be on that
10:37:19 advisory board is certainly the way to go.
10:37:23 It seems to me that there needs to be more dialogue
10:37:26 along the lines of those groups, and then in the event

10:37:28 that the majority thinks that there's someplace else
10:37:31 other than parks and rec to spend the money, they need
10:37:34 to get in touch with Mr. Hytoff and see what the
10:37:38 parameters are that he's willing to talk to.
10:37:40 But this is something that -- the Davis Island
10:37:45 community is a community that's concerned about Davis
10:37:46 Island.
10:37:47 That goes without saying.
10:37:48 And I think that there has to be a way where not
10:37:51 everybody is going to get-their way but if the
10:37:54 majority thinks it should be spent here as opposed to
10:37:56 allocated someplace else then so be it.
10:37:59 I'm supportive of whatever the Davis Island leadership
10:38:01 wants to have.
10:38:02 I think as Mr. Dingfelder referenced earlier, I
10:38:05 understand where she's going and I appreciate her
10:38:09 sentiment but I don't think it would be appropriate
10:38:10 for us to get in touch with him, if there's a
10:38:13 possibility that the leadership wanted to make an
10:38:15 appointment with Mr. Hytoff and he comes back with a
10:38:17 comment, or saying, I don't really have a preference
10:38:22 as to where this goes.

10:38:23 I want it to be best used and best decided upon by the
10:38:26 leadership of Davis Island.
10:38:27 I think that's the sentiment of this council.
10:38:30 And we want the people there to make that decision.
10:38:33 So although immaterial listening to everybody's
10:38:38 preferences about where it goes from business concerns
10:38:40 to transportation concerns to parks and rec, I think
10:38:43 that decision is the neighborhood's.
10:38:46 And we stand in support of whatever the majority
10:38:48 wants.
10:38:51 >>SHAWN HARRISON: Madam Chair, I just would encourage
10:38:53 all of the parties to move as expeditiously as
10:38:56 possible in reaching a resolution, because that
10:39:00 million that we were awarded last year won't go as far
10:39:04 today as it did last May.
10:39:06 And we know that if we just sit around and tray to
10:39:09 debate this ad nauseam for the next couple of years
10:39:12 about how we are going to spend it, it's not going to
10:39:16 go very far.
10:39:17 Probably the worst thing we can do is divide it up and
10:39:19 spend some on traffic calming and some on parks
10:39:22 because it's just not going to go very far.

10:39:24 Especially in transportation.
10:39:26 A million dollars will not go anywhere.
10:39:29 So I would encourage everyone to move forward with the
10:39:34 million on the parks as has been referenced before,
10:39:38 and then we address the traffic calming issues through
10:39:42 other meetings, perhaps the MPO, perhaps this coming
10:39:45 round of funding with CIT money.
10:39:49 But let's not dilute that million dollar pot that we
10:39:52 have.
10:39:53 Because if we do it's just not going to do any good
10:39:55 for anyone.
10:39:57 >>LINDA SAUL-SENA: I think what Mr. Harrison said
10:39:59 makes a lot of sense in terms of transportation costs
10:40:03 going up like 45% for construction.
10:40:07 But I think that I heard from a number of island
10:40:12 residents that they are curious about the ability of
10:40:15 the island as an autonomous area or the neighborhood
10:40:19 to create a special assessment such as takes place in
10:40:22 the New Tampa, to make physical improvements on the
10:40:27 island, for property owners to do very specific
10:40:31 things.
10:40:31 Because frankly the island is very far along in terms

10:40:34 of I had paying projects that they want to do, and
10:40:36 having a population base that might be interested in
10:40:40 doing this.
10:40:41 So what I would like to ask is that the city legal
10:40:44 department get back in 60 days on what that mechanism
10:40:46 could be.
10:40:48 To allow Davis Island residents to look at a special
10:40:52 assessment for island residents to do some of the
10:40:54 traffic calming that they are really interested in
10:40:56 doing.
10:40:58 Is there a second to the motion?
10:41:00 >>JOHN DINGFELDER: I'll second that.
10:41:03 Awhile back, I looked into that issue as related to
10:41:06 another neighborhood and found out in order to create
10:41:11 some type of district similar to that you have to have
10:41:14 100% voting in favor of it.
10:41:17 But I'm not -- I'm not going to rule it out.
10:41:20 Maybe there's some other options.
10:41:22 But I'll second that.
10:41:23 >> Motion and second.
10:41:24 (Motion carried).
10:41:27 >>THE CLERK: Alvarez, no.

10:41:31 >>ROSE FERLITA: My vote is Nay as well because I think
10:41:35 there are some transportation issues in that
10:41:36 neighborhood that should be addressed other than by
10:41:41 special assessments because anything that's Neded on
10:41:43 the island, we talked about undergrounding a whistle
10:41:45 back.
10:41:45 That would have to be something they pay for.
10:41:49 I don't think if there's a big transportation issue
10:41:53 that it should fall back on the residents of Davis
10:41:55 Island.
10:41:55 We should look at other means being what Mr. Harrison
10:41:58 said or something else.
10:41:59 But I am not going to support the assessment to Davis
10:42:02 Island unless I get some sort of a ground swell from
10:42:05 the residents that would be most impacted that they
10:42:08 want to consider an assessment.
10:42:10 So based on that, that's the reason for not supporting
10:42:12 the motion.
10:42:13 >>LINDA SAUL-SENA: I just wanted to ask the city clerk
10:42:16 if she could research -- it was my recollection at the
10:42:19 time of that very long public hearing that the million
10:42:22 dollars is really offered to the citizens to meet

10:42:23 their -- to make them happy without any particular
10:42:30 strings attached.
10:42:30 I don't remember it being directed specifically to
10:42:32 parks and rec.
10:42:33 I remember it being something to be determined by our
10:42:35 residents.
10:42:37 My memory is not the greatest thing but I really don't
10:42:39 remember it being directed to parks and rec and my
10:42:42 direction would be to the city clerk if you could look
10:42:45 back on what was said by Mr. Hytoff at that meeting.
10:42:49 Because I do think that something happened in between
10:42:52 that meeting when the commitment was made by the
10:42:54 hospital and the eventual way it was written up by the
10:42:58 city.
10:43:00 And I would like to hear from other council members.
10:43:04 Because we were all there. We listened to a lot of
10:43:06 dialogue.
10:43:06 But I didn't remember it being directed narrowly to
10:43:09 parks and rec.
10:43:14 >>MARTIN SHELBY: My understanding is that ultimately
10:43:15 whatever was decided was memorialized in the lease
10:43:18 agreement which was brought back to council and voted

10:43:20 upon by council.
10:43:22 Regardless of what might have been the discussion at
10:43:23 the time, that has been formalized in a legal document
10:43:27 that is presently binded so regardless of the
10:43:31 discussion council ultimately voted upon the document
10:43:34 which is what exists in these findings.
10:43:37 >>ROSE FERLITA: Mr. Shelby, that may be the case but
10:43:48 that's how the lease was solidified and for them it
10:43:51 was departmentalized into parks and recreation.
10:43:54 But before that, which doesn't mean that doesn't
10:43:55 exist, I understand the language, the attorney read
10:43:57 the language, but before, because of the fact that
10:43:59 there was some dialogue back and forth -- and again my
10:44:02 recollection is not 100% -- but there was some
10:44:05 opportunity for the residents to do with it what they
10:44:08 wanted.
10:44:09 So although that went away and paled in terms of the
10:44:12 lease agreement, if there was that kind of consensus
10:44:16 that you can do what you want speaking for Tampa
10:44:19 general and the neighborhood, that there was some
10:44:21 choice that they could act on, then there's still an
10:44:24 opportunity to go back before the lease is defined to

10:44:27 let them make that decision.
10:44:28 And I don't think that's what Mrs. Saul-Sena is
10:44:31 saying.
10:44:31 But I think I have the same recollection that she
10:44:34 does, that talk about what you want to do because this
10:44:36 is a million dollars for your community, do the best
10:44:39 thing for the community with the million dollars.
10:44:40 After you leave, then it was different.
10:44:42 But that doesn't mean that if there's some more
10:44:44 communication, which is what I said awhile ago, if
10:44:46 there's some more communication from the leadership,
10:44:48 that they are willing to go back to Tampa General
10:44:50 Hospital and say this is how it's defined at this
10:44:52 point.
10:44:53 But if you feel that you want to give up us the
10:44:57 opportunity to exercise our preferences, that doesn't
10:45:00 mean that that can't be done either.
10:45:01 Is that what you're trying to say?
10:45:03 Because I remember that whole conversation.
10:45:06 I remember Mr. Hytoff -- he wanted to do something in
10:45:09 good faith to show the community they were
10:45:12 appreciative.

10:45:12 Didn't have to determine the zoning or anything else.
10:45:16 But I still think it's an opportunity for the
10:45:18 leadership to talk to them and for them to
10:45:20 collectively come back.
10:45:21 I agree with one of the other council members, whoever
10:45:23 it was that said the longer we wait, the less those
10:45:27 dollars are worth.
10:45:28 But at the same time, with a little more dialogue, I
10:45:31 want that neighborhood to be happy that it was given
10:45:33 and used based on their priorities, be it on this
10:45:36 surveyor by communication with them.
10:45:40 >>MARY ALVAREZ: I want to just add to that.
10:45:42 Because I remember Mr. Hytoff coming up and telling us
10:45:45 about giving it but I don't recall about the parks and
10:45:48 recreation.
10:45:49 And also I don't recall them coming back to us and
10:45:51 saying, oh, here's the lease agreement, and it's going
10:45:55 to go into the parks and rec.
10:45:57 What I do remember is saying don't talk about it
10:45:59 because it's in litigation.
10:46:00 So, you know, if they brought it to us, they could
10:46:04 have said maybe there was some inner talking between

10:46:08 somebody or the other that we weren't privy to.
10:46:14 If the lease agreement says what it says maybe they
10:46:17 need to go back and change it.
10:46:18 Because that was not the intent.
10:46:22 And I believe the direction that they are going is to
10:46:26 get Mr. Hey Toph back, and if there needs to be a
10:46:31 change then by golly make the changes and let's go on
10:46:33 with this us what this money is not going to be there
10:46:35 forever.
10:46:36 And Mr. Hey Toph will say, well, maybe West Tampa
10:46:39 needs it better.
10:46:41 (Laughter).
10:46:43 >>GWEN MILLER: Mr. Dingfelder?
10:46:46 >>JOHN DINGFELDER: I'm not going to belabor this too
10:46:48 much longer.
10:46:49 I just want to make one point.
10:46:51 I think, as I recall, I had some discussions with
10:46:54 Morris Massey as this was evolving, because it is my
10:46:59 district and all.
10:47:01 But, anyway, what I recall specifically is Mr. Massey
10:47:07 explaining that this was a lease document for us to
10:47:11 lease for 99 years.

10:47:16 So I think what he was trying to do was to create a
10:47:19 relationship between leasing a park and the money that
10:47:24 was going to come out of that to go to park
10:47:27 improvement.
10:47:28 Leasing the park, we get money.
10:47:29 He said there should be a nexus, a connection, and
10:47:33 then that's why I think he crafted that language
10:47:37 accordingly.
10:47:38 Because of the economics between the leasing of the
10:47:41 park and, therefore, if Davis Island is going to be
10:47:43 losing park space, then we should be getting something
10:47:46 that's park related.
10:47:47 >>MARY ALVAREZ: That might have been his intent.
10:47:51 >>JOHN DINGFELDER: I this think it was his intent.
10:47:54 >>MARY ALVAREZ: If it was his intent he did it on his
10:47:57 own.
10:47:57 >>GWEN MILLER: We can't do anything about it.
10:47:59 >>LINDA SAUL-SENA: Yes, we can.
10:48:00 >>GWEN MILLER: No, Mr. Hytoff and Davis Island need to
10:48:03 get together and work out their problems.
10:48:05 He cannot -- -- he cannot solve this problem.
10:48:11 We need to let Davis Island and Mr. Hytoff get

10:48:13 together, and the attorney wants to say something,
10:48:16 too.
10:48:17 >>DAVID SMITH: I think councilman Dingfelder's
10:48:20 connection is exactly consistent with mine.
10:48:22 Be that as it may, I think the testimony is clear.
10:48:27 And my phone is acting -- acting up again.
10:48:30 And I'm sure the administration is watching.
10:48:33 Mr. high tower -- Mr. Hytoff, sorry.
10:48:38 Different one.
10:48:42 -- and the administration will have to discuss this.
10:48:45 And if there's a desire to open that up for different
10:48:47 areas of use, then we'll have to come back to you with
10:48:50 an amendment to the lease.
10:48:51 That's how it was perceived.
10:48:53 I also understand transportation will be aware of the
10:48:55 issues that have been raised, or alternative ways to
10:48:59 accomplish some of the other objectives.
10:49:01 I'm sure they will be looked at.
10:49:02 I'm sure the message has been heard and there will be
10:49:04 some response.
10:49:08 >>GWEN MILLER: Clerk, how did the vote go?
10:49:12 >> What were we voting on?

10:49:15 >>GWEN MILLER: You made the motion.
10:49:18 >>ROSE FERLITA: Coming back for special assessment.
10:49:24 >>THE CLERK: (off microphone).
10:49:29 >> Okay.
10:49:31 You have been waiting quite awhile.
10:49:35 >>> What else is new?
10:49:36 Good morning.
10:49:37 Al Steenson.
10:49:41 SOG, south of Gandy.
10:49:43 Here to speak about item number 5.
10:49:44 I'm very pleased to hear Ms. Coyle say that they can
10:49:47 be very cooperative regarding the suggestions I made
10:49:50 on, what, April the 6th?
10:49:54 I hope I'm not going to push that too far.
10:49:57 And this is a subject that I approached Mr. Snelling
10:50:02 with about maybe two and a half, three years ago, and
10:50:05 I don't think it went anywhere.
10:50:08 I think Mr. Snelling was a little bit confused.
10:50:10 What I would like to see done, with your help and
10:50:12 possibly land development and zoning, if a rezoning
10:50:16 petition is put on the agenda, and a neighborhood
10:50:22 association is involved, that I would ask that a copy

10:50:24 of the site plan be included in the good neighbor
10:50:27 notes.
10:50:28 Now, recognizing the fact that site plans do change,
10:50:34 so negotiations with staff, so forth and so on, I
10:50:37 understand that.
10:50:37 But at least we will have a fat print to look at at
10:50:41 left to give us an idea of what it is we are dealing
10:50:44 with and then let us be on our shoulders to continue
10:50:48 to check back with the lead person from land
10:50:52 development and the petitioner to see what changes may
10:50:54 be made in the original site plan.
10:51:08 That's my request.
10:51:09 >> I think your idea is a good one.
10:51:10 The neighborhood association should get a copy of the
10:51:13 site plan for PD.
10:51:14 I'm not sure if there's a site plan available that
10:51:17 early in the process when the notice is given.
10:51:24 And Heather is out in the hallway.
10:51:28 >>> It's my understanding that when they come down to
10:51:30 submit the petition, they have to have some sort of a
10:51:33 site plan.
10:51:35 They have to prepare 20 copies.

10:51:37 And all I'm asking for is let's have one of those go
10:51:42 to the neighborhood association.
10:51:43 Because everybody --
10:51:45 >>JOHN DINGFELDER: Let's check on logistics.
10:51:47 Mr. Steenson has suggested that when the good neighbor
10:51:51 notice goes out to the neighborhood association that
10:51:52 they get a copy of the PD site plan.
10:51:58 >>> Any rezoning.
10:51:59 >> Well, there is no site plan on a straight rezoning,
10:52:02 Euclidean zoning.
10:52:17 Is there a site plan when the food neighbor notice
10:52:19 goes out?
10:52:20 >>> Yes, there is a site plan.
10:52:21 There's a preliminary site plan that is submitted to
10:52:23 land development for initial staff review.
10:52:25 The DRC takes place and then it is scheduled by the
10:52:29 City Council.
10:52:30 At the point that it's scheduled by City Council as
10:52:31 having notice effected, and at that point they have a
10:52:36 revised site plan that they can mail out to the
10:52:38 neighborhood association as part of their good
10:52:40 neighbor notice.

10:52:42 It would be incumbent upon the petitioner to do that.
10:52:45 >> If we change the code and mandate it.
10:52:47 >>HEATHER LAMBOY: That's correct.
10:52:50 >>GWEN MILLER: I.
10:52:52 >>JOHN DINGFELDER: I think it's a good idea.
10:52:54 >>GWEN MILLER: Would anyone else like to speak?
10:52:56 We now go to --
10:52:57 >>JOHN DINGFELDER: Let me make a motion.
10:52:59 >>GWEN MILLER: Do you want to speak?
10:53:02 >>> Not something on the docket.
10:53:03 >>GWEN MILLER: Is it on the agenda?
10:53:05 You have to wait until after we finish.
10:53:12 >>JOHN DINGFELDER: I think Mr. Steenson has once again
10:53:14 brought up a good idea.
10:53:16 He brings up a lot of good ideas.
10:53:18 I'm not going to jump in and require it.
10:53:21 I think we should go ahead and ask staff top get back
10:53:28 with us on a report on the feasibility and ask staff
10:53:30 to get back with us within 30 days as to the
10:53:33 feasibility of that idea.
10:53:35 Is that reasonable?
10:53:36 >>HEATHER LAMBOY: I can do that.

10:53:38 In a problem.
10:53:38 I would just like to bring up a point that
10:53:40 Mr. Mechanik made to me as petitioner.
10:53:44 The DRC, we make several comments which requires
10:53:49 several changes to the site plan.
10:53:50 We have a two-week turn-around for the petitioner to
10:53:54 bring in a revised site plan for our review again
10:53:57 prayer to the council hearing.
10:53:59 And oftentimes when the notice has to take place,
10:54:03 prayer to the time in which they have a second site
10:54:05 plan ready, that reflects all the substantive changes.
10:54:09 So we will have to work out the logistics, the point
10:54:14 that was brought up, and --
10:54:18 >>GWEN MILLER: It's definitely a good point.
10:54:19 Mr. Steenson mentioned it as well.
10:54:21 I think we can put a little caveat warning on there
10:54:25 saying this is the site plan, subject to change all
10:54:27 the way up to the council hearing.
10:54:29 >>HEATHER LAMBOY: That is correct.
10:54:31 >>GWEN MILLER: Mrs. Alvarez?
10:54:36 >>MARY ALVAREZ: We have it in there -- that they get
10:54:44 to see the site plans and make recommendations.

10:54:48 But it hold in a water.
10:54:52 Do you understand?
10:54:53 So I don't know whether we need to go back to legal or
10:54:56 do something.
10:54:57 I don't know whether it's a good idea for neighborhood
10:55:00 associations to get all of these site plans.
10:55:04 I think that they can come over here if they have an
10:55:06 issue with it and look at it --
10:55:10 >>JOHN DINGFELDER: As a former president of the
10:55:12 neighborhood association who does things on a
10:55:14 volunteer basis, it makes life so much easier because
10:55:18 you can look at a site plan and say, oh, we are good
10:55:21 with W that.
10:55:24 They get it in the mail and, oh, we're good with that,
10:55:27 and they don't have to do anything, as opposed to
10:55:29 coming down here, taking the time and the money and
10:55:31 everything else.
10:55:31 I think it's just another effort for us to do a little
10:55:37 for the neighborhood.
10:55:38 And it's not a huge burden on anybody.
10:55:40 Because we are going to hear from staff in 30 days and
10:55:42 the development community will chime in.

10:55:44 But I'm not sure -- they make one extra copy and send
10:55:47 it out to the neighborhood association, who they are
10:55:50 already sending a notice to anyway.
10:55:51 >>MARY ALVAREZ: I think we need to research it some
10:55:55 more.
10:55:56 >>ROSE FERLITA: Simply because of the fact that Mr.
10:55:58 Steenson brought up the idea, as a courtesy to him, he
10:56:01 was outside talking to Mr. Grandoff when Ms. Lamboy
10:56:06 told bus the would week.
10:56:07 If you could explain that to Al.
10:56:09 And then of course we are going to wait for you to
10:56:11 come back so both sides understand what the logistics
10:56:14 are.
10:56:17 Explain what you were talking about based on what
10:56:27 Mr. Mechanik said.
10:56:29 >>JOHN DINGFELDER: Al, my motion was to agree with
10:56:31 you, I'm asking staff to come back to us in 30 days
10:56:34 with a report on the feasibility of implementing what
10:56:36 you suggested.
10:56:37 And we'll go from there.
10:56:43 >>GWEN MILLER: We have a motion and second.
10:56:44 All in favor of the motion say Aye.

10:56:46 Opposed, Nay.
10:56:46 (Motion carried).
10:56:47 Now we go to our committee reports.
10:56:49 Public safety.
10:56:50 Rose Ferlita.
10:56:51 >>ROSE FERLITA: I'd like to move resolutions 11
10:56:53 through 14, please.
10:56:54 >> Second.
10:56:55 (Motion carried).
10:56:57 >>CHAIRMAN: Parks and recreation, Mary Alvarez.
10:56:58 >>MARY ALVAREZ: Move items 15 through 18.
10:57:02 >>JOHN DINGFELDER: Second.
10:57:05 (Motion carried).
10:57:06 >>GWEN MILLER: Public works, Mr. John Dingfelder.
10:57:08 >>JOHN DINGFELDER: I'll move items 19 and 20.
10:57:10 >>GWEN MILLER: Motion and second.
10:57:12 (Motion carried).
10:57:13 >>GWEN MILLER: Mr. Kevin White.
10:57:17 >>KEVIN WHITE: Move items 21 through 27, 30 through
10:57:26 33.
10:57:27 >>GWEN MILLER: 32.
10:57:28 >>KEVIN WHITE: 32, I'm sorry.

10:57:36 (Motion Carried).
10:57:36 >>CHAIRMAN: Do you want to talk on 33?
10:57:47 >> Back up to 28.
10:57:49 Revised ordinance.
10:57:50 Move an ordinance of the city of Tampa, Florida
10:57:52 amending City of Tampa code chapter 7 cable
10:57:55 communications article I, in general section 7-4
10:57:58 prohibiting franchisees from submitting waivers,
10:58:02 exceptions and declaratory rulings to state and
10:58:05 federal regulatory agencies without prior written
10:58:08 notice to the city unless said notice is reasonably
10:58:11 contemporaneous with the submissions, amending article
10:58:15 I, in general, section 7-7 providing that the in the
10:58:19 event of conflict between chapter 7 and a cable
10:58:22 franchise, the table Fran chase shall control,
10:58:26 amending article III, Fran chase conditions, section
10:58:31 7-67 by deleting franchise fees, amending article III,
10:58:36 Fran chase conditions, section 7-69 providing for
10:58:39 overnight delivery of notice to the city by a
10:58:41 franchisees surety, amending article V, system
10:58:47 operation, section 7-110 providing that additional
10:58:50 testing required by the city must be permitted by

10:58:53 federal communications commission regulations,
10:58:57 amending article V, system operation, section 7-115
10:59:02 deleting a prohibition on franchisees from engaging in
10:59:06 radio or television sales or service, providing for
10:59:09 repeal of all ordinances in conflict, providing an
10:59:11 effective date.
10:59:12 >> Second.
10:59:12 (Motion Carried).
10:59:14 >>KEVIN WHITE: Number 29.
10:59:15 Move an ordinance amending ordinance 2006-33 which
10:59:19 made lawful the sale of beverages regardless of
10:59:21 alcoholic content beer, wine and liquor 3 PS in sealed
10:59:24 containers for consumption off premises only at or
10:59:27 from that certain lot, plot or tract of land located
10:59:30 at 1313 south Dale Mabry highway, Tampa, Florida,
10:59:34 correcting a scrivener's error, providing for re pale
10:59:36 of all ordinances in conflict, providing an effective
10:59:38 date.
10:59:39 >> Second.
10:59:39 (Motion carried).
10:59:40 >>KEVIN WHITE: 33.
10:59:42 >>GWEN MILLER: Do you want to speak on 33?

10:59:44 >>LINDA SAUL-SENA: Madam Chairman, I wanted to speak
10:59:47 on 22 just to make a comment on it, if I could.
10:59:50 And that is that I support what we did, which is to
10:59:55 give William peoples more money to represent us in
10:59:58 Tallahassee but as council members are aware, we did
11:00:01 not have any city staff person representing the City
11:00:04 of Tampa during this legislative session.
11:00:06 We had Mr. Peoples who is a lobbyist.
11:00:08 He's a great gay.
11:00:09 He's smart.
11:00:10 He's wonderful.
11:00:10 But I hope that next year the administration
11:00:13 identifies a staff person to be the city of staff
11:00:18 person up there during the legislative session.
11:00:20 There's so many things that state does that directly
11:00:21 impacts our city, and I just feel like it would be
11:00:26 strongest if it was a city staff person.
11:00:29 So this would be kind of an encouragement for the
11:00:31 administration.
11:00:34 We have ten months to find somebody, and we can
11:00:37 identify a position, because I think it's so
11:00:39 important.

11:00:41 >>JOHN DINGFELDER: Nobody wants to go to Tallahassee.
11:00:48 >>LINDA SAUL-SENA: Well, don't blame them.
11:00:50 >>GWEN MILLER: Number 33.
11:00:51 Do you want to move it?
11:00:52 >>KEVIN WHITE: Move it.
11:00:55 >> Second.
11:00:55 >>CHAIRMAN: We have a motion and second.
11:00:58 Question on the motion, Mr. Harrison?
11:01:02 >>SHAWN HARRISON: I'd like to hear from the applicant
11:01:03 because this is not the first time this applicant has
11:01:05 been before us asking us to waive this rule.
11:01:08 I recall it happening at least one time before.
11:01:20 >>> My name is Fred MEDDIN, Bayshore Boulevard.
11:01:25 I don't know.
11:01:27 I have been in this position about nine months.
11:01:29 I'm a volunteer.
11:01:31 We have gone through this process.
11:01:34 The Tampa gator club, we operate under the auspices of
11:01:38 the University of Florida alumnae association which I
11:01:40 am hear as their agent.
11:01:43 We were told that it's easy to get a one-day liquor
11:01:49 license and we don't need that through our caterer,

11:01:53 and we shouldn't worry about it.
11:01:54 And you go to the county and pay them $25.
11:01:57 That's great, maybe if you're in the county.
11:01:59 But it was obviously bad advice.
11:02:08 I take risks of coming here and getting denied when
11:02:12 the county has their own liquor license.
11:02:16 Figuring out the venue, up to 840 people are coming
11:02:20 next Tuesday.
11:02:23 And say, oh, wow, we should have applied for a liquor
11:02:26 license a long tame ago.
11:02:27 Why don't you go downtown right now?
11:02:30 So I was down here for four hours earlier, filled out
11:02:34 the form.
11:02:39 And here I am.
11:02:42 Applying for a liquor license.
11:02:44 We have await caterer, catering event told us we
11:02:48 should get the liquor license.
11:02:51 The alumnae association said, well, you should have
11:02:55 had a vendor that had a liquor license, which I agree
11:02:58 with.
11:02:59 And now we know.
11:03:01 We went through all the steps.

11:03:02 We are hear.
11:03:03 I was unaware it happened before.
11:03:07 I was asked to come down and pay for parking to stand
11:03:13 here and talk to you about it.
11:03:15 >>SHAWN HARRISON: Is there anyone from staff here that
11:03:17 knows if their application is now complete?
11:03:29 >>HEATHER LAMBOY: Land development, in Ms. Coyle's
11:03:32 application I will certify that the application is
11:03:34 deplete.
11:03:35 >> We have assurance of off-duty police, they are
11:03:37 ready to go?
11:03:38 >>> Yes.
11:03:38 We would not submit fountain when didn't have all of
11:03:40 the items.
11:03:44 >>SHAWN HARRISON: Well, heaven for bid that I would to
11:03:51 my alma mater and I won't but this isn't the first
11:03:54 time this happened.
11:03:55 You are a sophisticated group and you ought to know
11:03:57 what the rules are.
11:03:58 And I would hope that this would be the last time that
11:04:00 we see the alumnae association or the gator club down
11:04:03 here asking us for this.

11:04:07 It's embarrassing.
11:04:09 >>KEVIN WHITE: Thank you, Madam Chair.
11:04:11 I was sitting here in a bit of a quandary when I moved
11:04:13 the motion, and the reason I moved the motion is this
11:04:16 is under my specific committee.
11:04:19 But whether I am going to vote for it or not -- well,
11:04:23 I am going to tell you right now I am not.
11:04:25 The reason I am not is out of fairness and
11:04:27 consistency.
11:04:28 We said we want weren't fair, consistent.
11:04:31 Two weeks ago we had a private individual who already
11:04:33 rented a hall on Columbus drive and had over four or
11:04:36 five hundred people there.
11:04:38 Last week, we had the University of Tampa.
11:04:40 They came in.
11:04:41 Everybody under the auspices of last minute emergency.
11:04:45 Now, we have the gators, and two weeks in a row we
11:04:50 have had -- well, this is the third week but I mean
11:04:53 two weeks previously we had two very, very good
11:04:56 causes, one for a non-profit, one for one of our local
11:05:00 universities, I think as much of the gators as anybody
11:05:05 else, and it's just out of fairness and consistency.

11:05:09 I don't know -- I guess what I'm trying to get at, I
11:05:12 don't know whether my moving this under my agenda will
11:05:17 show my support.
11:05:19 And if not, then I am going to have to withdraw that,
11:05:22 and Mr. Harrison is going to have to, or whoever else
11:05:24 is going to support this is going to have to move this
11:05:26 under my agenda.
11:05:27 I was just unclear about that particular part of the
11:05:30 process.
11:05:30 >>JOHN DINGFELDER: Early in the week when I saw this
11:05:35 item on the agenda, I called Ms. Coyle.
11:05:39 Ms. Coyle, I believe -- tell me what you told me on
11:05:44 the phone.
11:05:45 I think this only came in a day late or something?
11:05:47 Is that what you told me on the phone?
11:05:50 >>CATHERINE COYLE: Which one?
11:05:53 >> University of Florida.
11:05:53 Item 33 on the agenda.
11:05:57 >>CATHERINE COYLE: We received it on April 20th.
11:06:00 Which was a week ago.
11:06:03 So 15 days ago would have been the 12th, right?
11:06:08 From what I understand, on this particular one, I

11:06:14 think it was this one where you were dealing with the
11:06:17 county.
11:06:19 They were dealing with the wrong jurisdiction.
11:06:21 Then eventually they were told, wait a minute, you're
11:06:23 supposed to be with the city.
11:06:25 And that's one of the reasons why they were late.
11:06:31 >>CHAIRMAN: Mrs. Saul-Sena?
11:06:32 >>JOHN DINGFELDER: I was going to finish.
11:06:34 You might remember, the last time, we tiptoed into a
11:06:39 sports related issue in this town, and we caught some
11:06:43 public comment on that.
11:06:44 Anyway, I'm okay with this.
11:06:46 This came in a week ago.
11:06:47 And I think it was a good faith effort on their part.
11:06:50 And I'll support it.
11:06:52 >>LINDA SAUL-SENA: I'll make the motion.
11:06:55 >>GWEN MILLER: Ms. Alvarez?
11:06:57 >>MARY ALVAREZ: I can't.
11:06:59 I mean, we have done it consistently, and now
11:07:04 consistently I'm going to vote against it.
11:07:07 We have got rules.
11:07:08 And we have got to stick by them.

11:07:10 Regardless of whether it's university of Tampa, the
11:07:14 West Tampa people that came in, or the gator club.
11:07:16 And, you know, my grandson is a graduate, too. And he
11:07:21 will probably give me grief about this.
11:07:22 But I have got to stick to my guns on this thing.
11:07:25 I'm really sorry but I'm just not going to be able to
11:07:28 support it.
11:07:30 >>ROSE FERLITA: Madam Chairman, to the petitioner,
11:07:32 sir, you put me in a very difficult position, because
11:07:35 just like Mr. Harrison, I am an alumnae of the
11:07:37 University of Florida.
11:07:39 However, just because -- yes?
11:07:44 >>JOHN DINGFELDER: I'm a gator.
11:07:46 >>ROSE FERLITA: In any case, I think probably the
11:07:49 prudent politician would say it's fine and ware going
11:07:52 to go forward.
11:07:53 But referencing what has happened in the last couple
11:07:55 of weeks, we said no to a gentleman that was coming to
11:07:59 us as an charity organization.
11:08:03 Last week we denied the University of Tampa.
11:08:06 And, you know, pleading ignorance is really not a way
11:08:11 to justify this.

11:08:13 You're dealing with the wrong jurisdiction.
11:08:14 And so be it.
11:08:16 But it's very difficult for me to say no, because I'm
11:08:21 involved in that university in many ways even now.
11:08:25 But you having this program at Higgins hall, and
11:08:28 you're having a caterer come in.
11:08:30 And also in that particular facility, you have an
11:08:33 opportunity to hire a liquor caterer who comes in with
11:08:37 their license, costwise, or, you know, you can do it
11:08:41 that way.
11:08:41 And then you wouldn't be asking us to do this.
11:08:43 The bottom line is, how can I say no to two and one to
11:08:48 you because I'm a graduate of the University of
11:08:49 Florida?
11:08:50 That really has nothing to do with anything.
11:08:52 And I apologize.
11:08:52 But I have to keep that out of my voting decisions
11:08:56 because it's subjective as far as I'm concerned.
11:08:59 So no to my Alma matter is not popular but it's
11:09:05 appropriate.
11:09:06 Last week I didn't respond to a comment that Mrs.
11:09:10 Saul-Sena made and she said university of Tampa, we

11:09:13 need to relax our structure.
11:09:15 I kept my mouth quiet.
11:09:16 But the problem is, we are back to the same thing, if
11:09:18 we relax our structure and we relax our policies then
11:09:22 it's okay for you guys but it's not okay for somebody
11:09:24 else.
11:09:25 I think if I were the two on the other side of that
11:09:27 podium that got said no to and then we said yes to
11:09:31 you, the issue of fairness, would trump my preference
11:09:37 to the University of Florida.
11:09:38 >>SHAWN HARRISON: I wasn't here last week and I don't
11:09:40 know what UT's excuse us was.
11:09:43 The other gentleman that came in a couple of weeks
11:09:45 ago, his event was literally the next day, or like
11:09:48 within 48 hours, and my concern was there was no way
11:09:52 to spread the word that this event was going to
11:09:54 happen.
11:09:55 And in this particular case, we are still may 2nd
11:10:00 is when the event is going to happen.
11:10:03 You are still five or six days to be able to get that
11:10:06 word out.
11:10:06 And it was filed a week ago.

11:10:09 So there is a distinction here.
11:10:11 This is the location that this event has been held at,
11:10:15 I believe, for many, many years.
11:10:19 >>> We alternate with Pinellas County.
11:10:22 With over 1420 people.
11:10:23 >>SHAWN HARRISON: I know that I have seen this request
11:10:26 for Higgins hall before from the gator club.
11:10:29 So I do think there's a distinction.
11:10:30 But I don't know what happened last week.
11:10:33 >>ROSE FERLITA: In the issue of fairness, those
11:10:36 colleagues that weren't here last week, Ms. Coyle, if
11:10:39 you are available, why don't you come up and give us
11:10:41 the details about what the University of Tampa's
11:10:44 hardship was?
11:10:45 >>CATHERINE COYLE: Last we can?
11:10:50 If I recall, it took them a very long time to get all
11:10:53 the peaces of information in for the application
11:10:55 before it was actually complete.
11:10:57 And it came down right to the wire where we had to
11:10:59 walk it on.
11:11:00 It was just basically an incomplete application.
11:11:03 We were unable to process it in time even to get it on

11:11:06 the agenda for you to see it.
11:11:12 >>LINDA SAUL-SENA: I made a motion.
11:11:13 >>JOHN DINGFELDER: Second.
11:11:14 >>LINDA SAUL-SENA: I would like to speak to my motion.
11:11:17 One of the reasons we developed this criteria is to
11:11:19 protect neighborhoods.
11:11:20 And I think for me personally, there's a distinction
11:11:24 about an impact where somebody is having an event in
11:11:26 the middle of a neighborhood, or a facility that's
11:11:30 really developed for these kind of events like the
11:11:32 garden club downtown, or Higgins park or the West
11:11:36 Tampa convention center.
11:11:39 Those have enough parking, they are protected from
11:11:41 neighborhoods, and to me, the potential negative
11:11:45 impact of allowing one-day wet zonings, it not going
11:11:51 to hurt neighbors because it's really developed as a
11:11:53 catering facility.
11:11:54 And I think that's something else.
11:11:56 I would hope that fellow council members take it into
11:11:58 consideration.
11:11:58 >>GWEN MILLER: We have a motion.
11:11:59 >>MARY ALVAREZ: Rules are rules regardless of what it

11:12:04 is, unless we have a written -- everything down that
11:12:08 you just said.
11:12:10 Doesn't matter.
11:12:11 Rules are rules.
11:12:12 Whether they walk them on the day before these people
11:12:16 came in April the 12th, here it is.
11:12:19 That's not the 15 day rule.
11:12:21 If I am going to do it for one I am going to do it for
11:12:23 the other.
11:12:24 So I will not support it.
11:12:25 >>GWEN MILLER: We have a motion.
11:12:26 >>JOHN DINGFELDER: Can I speak to my second, please?
11:12:29 >>GWEN MILLER: Okay, speak to your second.
11:12:34 >>JOHN DINGFELDER: I want to clarify because I don't
11:12:36 want anybody to think I'm favoring the University of
11:12:38 Florida although it is a great school.
11:12:40 The gentleman that came into West Tampa I voted for
11:12:43 him to go to additional consideration just because I
11:12:46 felt like he had some reasonable arguments.
11:12:48 I'm not sure how I voted on the UT.
11:12:50 But I think that if we just had that rigid approach,
11:12:56 rules are rules, and we can't change it, then there

11:12:59 wouldn't be any point of us sitting here.
11:13:01 You know, that could be just an administrative
11:13:04 decision.
11:13:05 Rules are rules don't change it.
11:13:06 So I think the reason we are hear is to be a body that
11:13:10 can listen to extenuating circumstances, like this
11:13:13 gentleman has brought forward.
11:13:15 He said they went over to the county and they dilly
11:13:18 dallied at the county for probably a week before they
11:13:21 figured they weren't in the right jurisdiction.
11:13:23 I'm not trying to change your mind, Mary.
11:13:29 >>MARY ALVAREZ: I just wonder how long they have known
11:13:31 this event was going to take place.
11:13:33 Regardless of whether it was going to the county or
11:13:35 the city.
11:13:35 How long did they know?
11:13:42 >>KEVIN WHITE: Since Mr. Harrison said it's five days,
11:13:44 you still have five days to go out and find a liquor
11:13:48 caterer that has a liquor license and you can have
11:13:50 your event.
11:13:51 >>GWEN MILLER: We are going to call for the vote.
11:13:53 All in favor of the motion say Aye.

11:13:54 Opposed, Nay.
11:13:57 >>THE CLERK: Miller, Alvarez, Ferlita, White, in a.
11:14:00 Motion denied.
11:14:04 >>GWEN MILLER: Building and zoning, Mrs. Linda
11:14:08 Saul-Sena.
11:14:08 >>LINDA SAUL-SENA: Move resolution 34, 35, substitute
11:14:12 36, 37, 38, 39.
11:14:15 >> Second.
11:14:15 (Motion carried).
11:14:16 >>CHAIRMAN: Transportation, Mr. Shaun Harrison.
11:14:20 >>SHAWN HARRISON: I move items 40 through 44.
11:14:25 >> Second.
11:14:32 >> Second.
11:14:34 (Motion carried).
11:14:34 >> I move the new items, 45 through 55.
11:14:40 >> Second.
11:14:40 >>GWEN MILLER: Motion and second.
11:14:41 All in favor of the motion say Aye.
11:14:43 Opposed, Nay.
11:14:45 (Motion carried)
11:14:46 Now we go to information from council members.
11:14:48 Mr. Dingfelder, do you have anything?

11:14:52 >>JOHN DINGFELDER: Yes, ma'am.
11:14:53 I don't think this was done in my absence last week.
11:14:57 In regard to former Tampa City Council man Sam
11:15:01 MARABELLA, we lost Sam last week.
11:15:06 I was over at the wake.
11:15:11 And he was really a Nate guy.
11:15:14 They buried him with his gator, ironically, with his
11:15:18 gator cap on and fishing rod in his hand.
11:15:21 Two of the things that he loved.
11:15:22 I would like council to go ahead and I'll draft a
11:15:25 resolution passing commendation to his family, and
11:15:33 thank him, that he served on Tampa City Council for 12
11:15:36 years, thank H him for his service, thank his family
11:15:41 for his service and I'll do that.
11:15:44 >>GWEN MILLER: We have a motion and second.
11:15:46 All in favor of the motion say Aye.
11:15:47 (Motion carried).
11:15:49 Anything else?
11:15:50 >>JOHN DINGFELDER: No, ma'am.
11:15:51 I did have a question.
11:15:53 The enterprise zone thing, did we decide what we are
11:15:57 going to do with that? out of this list.

11:16:02 >>GWEN MILLER: Then I am going to give to the Mr.
11:16:04 Shelby.
11:16:09 The person who gets the highest vote gets that.
11:16:12 Then Mr. Shelby will go to go back and find who has
11:16:15 the highest numbers of years they serve.
11:16:18 Because some serve 4 years, some three, some two, some
11:16:21 one
11:16:21 >>SHAWN HARRISON: Madam Chair, do we have the
11:16:29 opportunity to speak on behalf of the applicants?
11:16:32 There's an applicant in the audience right now.
11:16:34 We told her to be here.
11:16:40 We did.
11:16:40 She might -- I told her she mate want to come down.
11:16:44 >>GWEN MILLER: Would that be appropriate?
11:16:46 >>MARTIN SHELBY: However council wishes to address
11:16:48 this issue.
11:16:48 It's an internal issue.
11:16:57 I can tally and council can choose what it wishes to
11:17:00 do from there.
11:17:02 >>ROSE FERLITA: Madam Chairman, I don't know who the
11:17:04 applicant is.
11:17:05 I suspect, you know.

11:17:06 But I enthusiast just think if someone told her she
11:17:09 could come in with the assumption they could speak and
11:17:11 some of the other people that are aggressively asking
11:17:12 for our support as well and not here because they
11:17:15 didn't know they could speak, again, back to the issue
11:17:17 of fairness.
11:17:18 And I apologize.
11:17:19 But if one should be able to come and talk to us, then
11:17:22 all should.
11:17:22 And if the others didn't know it, they are not here, I
11:17:25 am not going to support it.
11:17:26 But it's up to the rest of my colleagues.
11:17:32 >>MARTIN SHELBY: Just to remind council that any item
11:17:33 that is not on the agenda, even regardless of the fact
11:17:36 it's not on the agenda, somebody if they choose to
11:17:39 speak does have the opportunity to do so under the
11:17:42 general public comment at the end of the meeting.
11:17:49 >>LINDA SAUL-SENA: Are we offer the appointments?
11:17:51 >>GWEN MILLER: Yes.
11:17:51 >>LINDA SAUL-SENA: I wanted to remained everyone that
11:17:54 this Saturday in downtown Tampa, there is a dragon
11:17:56 boat races, and the Asian festival, and both are

11:17:59 really exciting events.
11:18:01 It's one of the most active colorful things that takes
11:18:05 place in our community, between nine and four on
11:18:07 Saturday, down by behind the Marriott waterside at the
11:18:11 convention center.
11:18:12 I want to encourage everyone to come down and cheer on
11:18:14 the City of Tampa team who last year won.
11:18:22 >>CHAIRMAN: Anything else?
11:18:23 Mr. Harrison?
11:18:24 >>SHAWN HARRISON: The only thing, Madam Chair, I think
11:18:28 that we all got information from the zoo that we could
11:18:31 nominate one child to go to zoo camp for free this
11:18:35 summer.
11:18:36 And having had my children in zoo camp in the past,
11:18:40 not under the free program, that it is a wonderful
11:18:43 opportunity.
11:18:44 So I would just encourage all my colleagues to think
11:18:46 hard about picking someone because it's an opportunity
11:18:51 they wouldn't otherwise have.
11:18:52 >>GWEN MILLER: I do it every year.
11:18:54 I have given three names already.
11:18:59 Most of the students that I've sent, they really enjoy

11:19:02 it.
11:19:03 Next year they say, can I go again?
11:19:06 Sometimes they are the same ones.
11:19:07 >>SHAWN HARRISON: And Madam Chair, let me also to say
11:19:14 Jim Lambert for enterprise zone.
11:19:17 Thank you.
11:19:17 That's it. (Laughter)
11:19:18 >>GWEN MILLER: Mrs. Alvarez?
11:19:27 >>MARY ALVAREZ: Just one thing.
11:19:28 We need to reschedule the special discussion meeting
11:19:32 that we had set up for May 15th, the streetcar
11:19:41 board.
11:19:41 I need to reschedule that to June 5th on a Monday,
11:19:46 9:00 in the morning.
11:19:49 >>LINDA SAUL-SENA: Second.
11:19:50 >>GWEN MILLER: Motion and second.
11:19:51 All in favor of the motion.
11:19:52 >>JOHN DINGFELDER: What is the format of that?
11:19:55 Are we just inviting them to come here?
11:19:57 Or are we going to sit around?
11:20:00 >>MARY ALVAREZ: In the Mascotte room.
11:20:01 Just going to sit around and talk about the streetcar.

11:20:07 >>JOHN DINGFELDER: That's fine.
11:20:08 I was hopeful we were going to do something less
11:20:10 formal.
11:20:11 >>MARY ALVAREZ: That's my motion.
11:20:12 >>GWEN MILLER: Motion and second.
11:20:13 (Motion carried).
11:20:14 >>MARY ALVAREZ: That's it.
11:20:17 >>ROSE FERLITA: A comment about the Lowry Park Zoo.
11:20:20 I congratulate them for what they do on that program.
11:20:25 A few kids from Seminole Heights have gone too and
11:20:28 enjoyed it.
11:20:29 In terms of people that -- every child enjoys it.
11:20:36 I think, ladies and gentlemen, we probably ought to
11:20:38 make an exception for Mr. Smith.
11:20:39 It appears maybe every time that phone rings it might
11:20:41 be an applicant in his office.
11:20:43 Because it seems like he is totally entrenched in
11:20:47 hiring and resignations and to that end I would like
11:20:50 to make a motion to give a commendation to Julia brown
11:20:54 who will be leaving, and I think I would like to have
11:20:56 that next week.
11:20:57 She'll be gone after Thursday.

11:21:00 >>GWEN MILLER: Motion and second.
11:21:02 (Motion carried).
11:21:02 >>KEVIN WHITE: I thought it was very appropriate for
11:21:05 Mr. Dingfelder to remember Mr. Marabella, a local icon
11:21:10 in this community.
11:21:11 But East Tampa community also lost a local icon, Mr.
11:21:14 Herbert carington, 107 years old, over 67 years of
11:21:18 service to the Tampa Yacht Club at Bayshore, at 107
11:21:26 years old.
11:21:27 I read an article as of just a couple of weeks ago.
11:21:31 His children had to catch him because he had taken the
11:21:35 car keys and even gone out for a ride and was trying
11:21:38 to straighten out some young men on the corner and
11:21:40 trying to tell them the right way to go and the right
11:21:44 things to do and those are just some of the things
11:21:46 that he loved.
11:21:46 And I'm sure he will be sorely missed in South Tampa
11:21:50 as well as East Tampa.
11:21:51 The second thing, I I will not be in attendance this
11:21:59 evening.
11:21:59 I will be --
11:22:02 >>GWEN MILLER: Everybody else will be hear?

11:22:09 All right.
11:22:18 67 okay.
11:22:19 I would like to have three commendations.
11:22:21 One is celebrating 90 years of service in the State of
11:22:28 Florida.
11:22:29 I will present that to them on Sunday.
11:22:30 >>LINDA SAUL-SENA: Second.
11:22:31 (Motion carried).
11:22:32 >>GWEN MILLER: Memorial Hospital and town 'n country
11:22:37 hospital in recognition of nurses week is celebrating
11:22:39 the week of May 16 through -- May 6 through 12.
11:22:43 And they will come an and take it back to the
11:22:46 hospital.
11:22:47 I have a motion and second.
11:22:47 (Motion carried).
11:22:48 >>GWEN MILLER: The last one is the found a which
11:22:55 recognize celebrating May 1st.
11:22:59 They are going to pick up their commendation.
11:23:07 Motion and second.
11:23:07 (Motion carried)
11:23:10 Clerk, do you have anything?
11:23:12 >>JOHN DINGFELDER: Move to receive and file all

11:23:14 documents.
11:23:14 >>: Second.
11:23:15 (Motion carried).
11:23:15 >>LINDA SAUL-SENA: I met yesterday with Mr. Makal Chen
11:23:19 to talk about the CRA meeting we are having next week
11:23:21 because I wanted to be clear on what was coming up
11:23:23 about the Channel District.
11:23:24 And there's a formula that's being presented to us
11:23:26 next week that is the most complicated thing about how
11:23:29 people trade off for different things.
11:23:33 And I said, this is the most complicated thing I have
11:23:35 ever seen.
11:23:36 I am going to see if I can get them to explain it to
11:23:38 me.
11:23:39 And I want you to look and see if you can understand
11:23:43 it.
11:23:44 If not, maybe ask for a tutorial or something.
11:23:47 I feel like it's something that's very complicated
11:23:50 being presented to us, to look at, perhaps to adopt,
11:23:53 that we need more of an explanation.
11:23:55 And I think they never quite did.
11:24:01 >>GWEN MILLER: Mr. Shelby?

11:24:03 >>MARTIN SHELBY: Just a clarification for council.
11:24:05 I am going to be receiving the tally for the
11:24:09 enterprise zone.
11:24:10 Did you want that to appear on the agenda next week
11:24:12 under unfinished business?
11:24:15 >>JOHN DINGFELDER: Do we need to have a resolution?
11:24:18 >>MARTIN SHELBY: Just have the tally in front of you.
11:24:21 You won't have any action unless you wish to.
11:24:23 >>LINDA SAUL-SENA: I move we put it on under
11:24:26 unfinished business, Mr. Shelby's report back to
11:24:29 council on the enterprise zone.
11:24:35 >>MARY ALVAREZ: Second.
11:24:35 >>GWEN MILLER: All in favor say Aye.
11:24:40 (Motion carried).
11:24:40 >>THE CLERK: Received reports from bill Constantino
11:24:45 would like to appear before council on May 18th
11:24:47 for three minutes to discuss the committee that's
11:24:51 being formed to reestablish the USO and he would lick
11:24:55 to approach council for support of their efforts
11:24:57 either by letter or by resolution.
11:25:03 >> How about letter? I make a motion by letter.
11:25:09 >>LINDA SAUL-SENA: Second.

11:25:11 (Motion carried).
11:25:12 >>GWEN MILLER: USO.
11:25:14 >>THE CLERK: We have received e-mail from budget
11:25:44 department.
11:25:44 Council had set a workshop for May 22nd at TPD.
11:25:49 And they would like to have the location of the
11:25:52 workshop changed.
11:25:57 >>CHAIRMAN: At the police department?
11:26:11 >>GWEN MILLER: Motion and second.
11:26:12 (Motion carried).
11:26:13 >>GWEN MILLER: Anything else to come before council?
11:26:19 We will go to our audience portion.
11:26:20 (Meeting adjourned)