Tampa City Council meeting
Thursday, October 19, 2006
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09:04:52 [Sounding gavel]
09:04:57 >>GWEN MILLER: Tampa City Council is called to order.
09:04:59 The chair will yield to Ms. Rose Ferlita.
09:05:01 >>ROSE FERLITA: Good morning.
09:05:06 It is my pleasure this morning to introduce our guest
09:05:09 who will lead us in the invocation, the reverend John
09:05:11 Turley DeBevoise, graduated from Eckerd college in
09:05:20 1978 with a B.A. in philosophy and went on to the
09:05:24 Union Theological Seminary in Virginia.
09:05:28 He came to Palma Ceia Presbyterian church in Tampa as
09:05:31 associate pastor in 1983, and now continues to serve
09:05:35 as the pastor of Palma Ceia Presbyterian since 1995.
09:05:43 We met this morning before I came to our meeting.
09:05:46 I attended a breakfast.
09:05:48 And reverend DeBevoise has been on the board, has been
09:05:52 very active in the good things they do in this
09:05:54 community as well as his wife.
09:05:56 So I certainly appreciate them.
09:06:01 So would you please join the reverend and I for the
09:06:06 invocation and the pledge of allegiance afterwards.
09:06:10 >> Let us pray.
09:06:12 Creator God, we thank you for the gifts of this day,
09:06:15 and the beauty of Tampa and the opportunities and the
09:06:17 possibilities you have given us here.
09:06:23 We are aware you are a compassion at God and for the
09:06:27 needs of the disadvantaged, the poor, those who need a
09:06:32 helping hand.
09:06:32 We ask that you give.
09:06:36 For the service of deliberation and renewed vision
09:06:38 that your community of peace and justice and the
09:06:41 courage and unity and the wisdom.
09:06:48 We pray remembering how your scriptures call us to
09:06:51 love kindness, to walk together, seeking justice and
09:06:55 to walk humbly with our God.
09:06:59 [ Pledge of Allegiance ]
09:07:19 >>SHAWN HARRISON: Here.
09:07:20 >>ROSE FERLITA: Here.
09:07:21 >>KEVIN WHITE: Here.
09:07:25 >>MARY ALVAREZ: Here.
09:07:26 >>GWEN MILLER: Here.
09:07:27 >>GWEN MILLER: Ms. Linda Saul-Sena and Mr. John
09:07:30 Dingfelder will not be in attendance at our meeting
09:07:34 this morning.
09:07:36 I'm waiting for Ms. Ferlita to come back in.
09:07:43 So we can do the Officer of the Month.
09:08:05 >> Again good morning.
09:08:06 It is my pleasure, with Chief Hogue and the rest of
09:08:08 the staff, to present to you the Officer of the Month.
09:08:13 I yield to the chief so he can tell you what the
09:08:16 process is.
09:08:22 >>CHIEF HOGUE: Once again I want to thank the council
09:08:25 for recognizing the Officer of the Month, and
09:08:28 councilwoman Ferlita.
09:08:30 This month, October, 2006, we have selected detective
09:08:35 LELA Davis, who is standing here next to me, as our
09:08:40 Officer of the Month for October.
09:08:44 And LELA has done just an incredibly outstanding job
09:08:49 in many aspects.
09:08:51 But a couple of things actually stood out and the
09:08:55 reason for her being selected this month.
09:08:56 One, she has only been a detective for eight months.
09:08:59 And we have probably close to 100 to 120 detectives on
09:09:03 the Tampa Police Department, who are generally our
09:09:07 more seasoned employees.
09:09:08 So the competition was tough.
09:09:11 And her enthusiasm and really her skills have lifted
09:09:16 her above everybody else in the department.
09:09:20 And one of the things that -- she had a particularly
09:09:24 successful investigation, but it was an investigation,
09:09:27 one, that was very complex.
09:09:30 We were just absolutely being killed by what we call
09:09:35 the distraction teams.
09:09:37 They were picking small businesses where generally one
09:09:40 woman was working by herself and they would go in and
09:09:43 one person would distract the owner or the clerk that
09:09:46 was in there, and then the other one would go in and
09:09:49 steal the person's wallet and take the credit cards
09:09:52 and of course run up great bills.
09:09:55 And these were just happening all over Tampa and
09:09:58 Hillsborough County and actually the surrounding
09:10:01 And it was called -- they were kind of like a
09:10:06 one-group crime spree.
09:10:10 And LELA, which is a little unusual for a detective of
09:10:13 eight months, had developed confidential informants,
09:10:19 which is really information source for police
09:10:23 officers, one of the more skilled detectives that have
09:10:29 these, and she developed these within eight months of
09:10:31 being a detective.
09:10:32 One of her informants passed key information along.
09:10:35 She ended up developing a case on these people and
09:10:38 they were charged with over 50 felony counts due to
09:10:43 her God work and that's why she's here today.
09:10:45 But those investigations are unique in several ways.
09:10:50 One, they are extremely complicated.
09:10:52 She works extremely complicated cases.
09:10:54 These fraud cases where people are using -- they are
09:10:58 using other people's credit cards, additionally she
09:11:02 does a lot of Internet crime which we all know takes
09:11:05 significant skill to run the computer, from my vantage
09:11:14 point, so I can appreciate all the work and knowledge
09:11:16 she has, and she has to coordinate with other agencies
09:11:20 because you well know these Internet cases go all over
09:11:22 the United States and really all over the world.
09:11:24 So she has to be able to coordinate with other
09:11:27 agencies, state agencies and federal agencies to make
09:11:31 the cases so she has done an exceptional job with
09:11:34 And nobody had a mistake that somebody who does
09:11:38 Internet crime is some sort of benign criminal who is
09:11:41 just on the Internet.
09:11:42 These are is same people that commit robberies, sell
09:11:45 drugs and do other things.
09:11:46 It's just a crime of choice at that time to steal from
09:11:50 So these criminals are criminals, and they are
09:11:54 dangerous people, and I applaud her for all her work,
09:11:57 and I am proud to announce that LELA Davis is our
09:12:00 Officer of the Month.
09:12:02 [ Applause ]
09:12:10 >>ROSE FERLITA: Thank you, chief.
09:12:14 LELA, it is my pleasure to be able to add to the
09:12:17 comments that the chief already said.
09:12:20 Certainly thank you for what you do.
09:12:21 And after we thank you in our way, you can introduce
09:12:25 your mom and uncle.
09:12:26 We actually came up together in the elevator.
09:12:30 But please allow me on behalf of the community that we
09:12:33 represent and my chairman and my colleagues.
09:12:37 On behalf of the Tampa City Council, commendations
09:12:39 presented to detective Lela Davis in recognition of
09:12:42 your dedicated service, detective Lela Davis has been
09:12:45 selected as police Officer of the Month.
09:12:47 Her outstanding skills as economic crimes detective
09:12:51 greatly impacted the criminal investigations division
09:12:55 of TPD for keeping our city safer, the Tampa City
09:12:58 Council of the City of Tampa commend you and it is a
09:13:01 pleasure for me to hand this to you.
09:13:05 Thank you.
09:13:06 [ Applause ]
09:13:08 Lela, we have some corporate members, I think, that
09:13:11 want to say thank you.
09:13:12 We are going to bring them up.
09:13:20 >> Executive realty.
09:13:22 We would like to thank you for your great work, with a
09:13:34 >> My congratulations on your great honor, detective
09:13:37 On behalf of Lowry Park Zoo, we thank you for your
09:13:39 great work for the community.
09:13:40 And I just wanted to invite you and your family to
09:13:43 come enjoy a day at the zoo on us.
09:13:55 >> Representing Bill Currie Ford and all the people at
09:14:00 Bill Currie Ford.
09:14:14 >> I would like to present you with this photograph
09:14:18 for photographs.
09:14:26 >> Steve Stickley representing Stepp's towing service.
09:14:31 Detective Davis, on behalf of Stepp's towing service,
09:14:35 I would like to present this to you for a job very
09:14:39 well done.
09:14:44 A female.
09:14:46 >>STEVE MICHELINI: I think Steve has some people back
09:15:12 I'm her on behalf of a variety of different folks who
09:15:15 would like to recognize you, and congratulate you on a
09:15:18 job well done.
09:15:19 The first of which is Bern's steakhouse and Liss
09:15:24 They are going to provide with you a $100 gift
09:15:26 certificate to Bern's.
09:15:27 You can do that and enjoy yourself for dinner.
09:15:31 Po Boy's creole cafe, they are going to present you
09:15:36 with a $50 gift certificate to Po Boy's.
09:15:41 On behalf of Hillsborough County towing association
09:15:44 presenting with you a $50 gift certificate to your
09:15:47 choice of Outback or Carrabas.
09:15:53 In memory of William Copeland they are going to
09:15:57 provide with you a gift certificate for a photographic
09:16:00 package for you and your family.
09:16:02 Congratulations to you.
09:16:13 Before rose gets up here, I guess it's going to be a
09:16:16 little surprise to her, but this is her last
09:16:20 presentation for police Officer of the Month as a City
09:16:22 Council member.
09:16:24 And, chief, I would like for you to come up here and,
09:16:27 Rose, for all of what she's done for the police
09:16:29 department and all the officers that she's presented
09:16:32 all this time in her tenure here at City Council, we
09:16:35 are going to provide Rose also with a gift certificate
09:16:37 for her photographic package, and all the same things
09:16:41 we give to the police officers, in her honor for what
09:16:43 she's done for us here.
09:16:44 And I just want to say thank you and congratulations
09:16:47 to you.
09:16:55 >>> Well, it is a pleasure to be able to say a few
09:16:57 words about Rose.
09:16:59 There isn't a police officer over there at the Tampa
09:17:01 Police Department that -- the truth is that she
09:17:10 supports them.
09:17:11 And in fact I really would bet my pension that if one
09:17:18 of her police officers was rolling around on the
09:17:21 ground fighting somebody, and Rose Ferlita drove by,
09:17:25 she'd be in the fight shortly thereafter.
09:17:29 That is the biggest compliment that any police officer
09:17:31 can give.
09:17:37 So, Rose, for all these years of recognizing police
09:17:40 officers and making it a special event, I want to say
09:17:44 thank you to you very much.
09:17:54 >> And I don't know if I am able to accept these but
09:18:01 we'll talk about it.
09:18:02 He started blushing over the issue with the trophy and
09:18:05 then Michelini and the chief made me blush a little,
09:18:08 I'll let that go.
09:18:09 It's one of those many things that I am going to truly
09:18:15 And as rough and tough as we think we are sometimes,
09:18:19 it would certainly bring tears to my eyes to leave you
09:18:23 guys because TPD and firefighters have just been my
09:18:27 And it was a pleasure supporting you all and doing
09:18:29 anything I can.
09:18:30 And even to that extent, if I could, my involvement in
09:18:36 that type of situation.
09:18:38 Chief, I thank you for working with me and along with
09:18:40 me and in some small way say thanks to TPD for what
09:18:45 every one of them does.
09:18:47 It's an example of everything we take for granted and
09:18:50 baby things that we don't think happens but they
09:18:55 And this is absolutely not the end of the
09:18:59 Whether I make it to my next endeavor, or if I am here
09:19:03 as a private citizen, I will always be able to support
09:19:05 the police, because you protect us and support us.
09:19:11 So I'm very grateful to have had this honor.
09:19:14 And I tell Gwen all the time of all the jobs I do on
09:19:19 this council this is the one that is the most you
09:19:21 Naomi Campbell and pleasurable.
09:19:25 And Steve, thank you for that.
09:19:42 A representative from Charley's is not able to be here
09:19:47 so they wanted to send you a $100 certificate.
09:19:53 And chief, thank you one more time.
09:19:58 >>> Thank you very much for having me here today.
09:20:00 I just wanted to say thanks to my family for
09:20:07 supporting me, and my crew at TPD especially the last
09:20:10 I also want to thank my sergeant, Dave Goodman.
09:20:13 He has been very helpful.
09:20:14 He's the actual one that acknowledged me on my
09:20:17 performance along with my captain Sherri Atkins.
09:20:21 And I did have a captain prior to that who was very
09:20:26 helpful, and my major, major McNamara.
09:20:29 I would like to thank the chief for having me here at
09:20:31 Tampa Police Department.
09:20:33 This is my mother Edna Davis.
09:20:39 I just want to say thank you.
09:20:41 I'm very grateful.
09:20:46 >>GWEN MILLER: At this time we go to our sign-in
09:21:22 Is Mr. Metcalf here?
09:21:41 >> Ralph Metcalf, wastewater department.
09:21:44 I am here for items 15, 16 and 17.
09:21:52 The most significant was 15.
09:21:54 That is the first reading of the proposed ordinance.
09:22:04 I will give you a small amount of background on this
09:22:09 We do have one more exhibit I would like to pass to
09:22:19 These are pamphlets that come from EPA that we are
09:22:24 handing out as part of our education process.
09:22:34 I am going to give you a fat-free brochure.
09:22:44 This is an ordinance, and the very brief history of
09:22:47 this is that the city has been under consent order
09:22:53 since 2005 with department of environmental
09:22:55 protection, and the Hillsborough EPC.
09:23:00 And the consent order was caused -- was entered into,
09:23:05 and council and the mayor of the city signed this and
09:23:09 it is a consent order that we are under now.
09:23:13 Because of overflows, wastewater overflows.
09:23:16 And the tie-in for the grease ordinance, there is a
09:23:21 provision in the consent order that the city adopt a
09:23:28 stand-alone grease ordinance subject to penalty and
09:23:31 the tie-in is that -- and we have approximately 100 of
09:23:39 those a year historically -- grease is the single
09:23:43 biggest factor, about half of them are caused by
09:23:47 Now this is not to say these are stoppages.
09:23:49 We have over 300 grease stoppages in our wastewater
09:23:53 lines a year, about 45 of those actually are severe
09:23:57 enough where there are overflows.
09:24:02 A little background.
09:24:03 We have approximately 130,000 customers, most of those
09:24:06 obviously are residences.
09:24:09 We have more than 2100 restaurants and other related
09:24:13 food service facilities.
09:24:15 That number may be closer to 2300 now.
09:24:22 In this ordinance we speak to education, what you
09:24:24 should do, should not do with grease, why grease is a
09:24:28 We do have some slides.
09:24:36 What you are seeing right here is what's called agrees
09:24:40 This is like a big septic tank.
09:24:43 This is not for residents obviously.
09:24:44 This is for commercial use.
09:24:46 They either use an in-ground large facility like this,
09:24:50 which traps the grease and the grease must be removed,
09:24:53 or this is a much smaller grease trap under a sink.
09:25:01 It's exactly the same principle.
09:25:03 These are in restaurants and various places that have
09:25:06 facilities where grease would get into the system.
09:25:13 To show that this can be -- these things are not
09:25:18 maintained, that there really is a consequence here,
09:25:21 this is probably the worst grease problem we ever had,
09:25:26 a giant overflow a few years ago, this is in the
09:25:31 consent order.
09:25:31 That gray stuff is grease.
09:25:33 That is almost agrees stoppage of Biblical
09:25:38 We removed over 55 cubic yards of grease, which is
09:25:42 approximately 10 dump trucks.
09:25:45 That's not like one restaurant.
09:25:46 This is one industrial event.
09:25:49 What's much more common, going out with the grease
09:25:54 inspectors is not a real glamorous job.
09:25:58 That is grease.
09:25:59 And it will block sewer lines.
09:26:04 The ordinance is basically putting all of these
09:26:09 requirements that are in various codes right now into
09:26:12 one place.
09:26:14 Almost everything in this ordinance is already in
09:26:17 various city codes.
09:26:17 It's a wastewater technical manual, the building code,
09:26:20 the plumbing code.
09:26:21 But this is to be -- and is required to be a
09:26:24 stand-alone document, which almost everybody else in
09:26:27 the state has a stand-alone grease ordinance.
09:26:30 I should say the person who did most of the heavy
09:26:33 lifting on this is Brad Baird, the deputy director of
09:26:37 the wastewater department till he got to the cleaner
09:26:40 side of the water business and he's now the water
09:26:42 department director.
09:26:43 Brad is here.
09:26:46 This grease ordinance has been literally over a year
09:26:49 and a half in the making.
09:26:51 There have been very many meetings with restaurant
09:26:53 associations, grease haulers, all sorts of citizen
09:26:57 input, EPA input, looking at what everybody else has
09:27:02 What is being added, there are some things that are
09:27:05 being added that are not in the code now.
09:27:07 There are civil penalties.
09:27:09 It turns out that all the city departments already
09:27:13 have criminal penalties.
09:27:15 We are not looking at that.
09:27:16 We are looking at education, and working with folks,
09:27:20 registration of grease haulers, record keeping of
09:27:23 where this grease removal, standards for the
09:27:26 maintenance bumping, cleaning and disposal of these
09:27:29 grease traps and alternative methods.
09:27:32 And that's a really important thing. The two things
09:27:34 that are going to make life easier for the Greisen
09:27:37 earthing community, I suppose you could say, is the
09:27:40 threshold of what's an acceptable level of grease has
09:27:43 been raised.
09:27:44 It used to be 100 milligrams per liter which for most
09:27:50 of us means one in 10,000.
09:27:52 Now it's gone to 400.
09:27:54 This is the big one for those small grease traps under
09:27:56 the sinks that you saw in the previous picture, is
09:27:59 that it is now legal, for small amounts of grease,
09:28:05 five pounds or less, to put it in a bag with absorbent
09:28:09 material and put it in the trash.
09:28:10 That was not legal before.
09:28:11 So a very small one does not have to have this trap
09:28:18 pumped up.
09:28:19 Another thing we have already done is hired more
09:28:22 We went from one to three.
09:28:23 You can imagine one inspector in over 2100 facilities
09:28:28 how often things would get inspected.
09:28:29 We looked at grease programs from St. Pete,
09:28:32 Jacksonville, other places, met with enforcement
09:28:34 agencies, consulted with EPC and held workshops, as I
09:28:38 said, for grease haulers, restaurants, chef
09:28:41 associations, food service facilities, and were all
09:28:43 noticed in writing to have those.
09:28:45 The Planning Commission has looked at this.
09:28:49 Staff recommended approval.
09:28:49 We did approve it.
09:28:51 They had some comments.
09:28:52 We made some changes we felt were appropriate.
09:28:55 It's been passed to the EPC.
09:28:57 Probably the most important thing is that we are not
09:29:00 requiring people that have been there a long time and
09:29:05 have a grease trap that may be undersized by current
09:29:10 Nobody is saying you have to go out and retrofit,
09:29:13 anything like that.
09:29:15 What we are saying is you need to clean it more often,
09:29:18 the small one you have.
09:29:19 That's perfectly acceptable.
09:29:22 We are not really trying to put anybody out of
09:29:25 business or anything like. That we are trying to keep
09:29:27 the grease out of our system.
09:29:29 We are mandated to do that in our consent order.
09:29:32 We are going to be fined, the city is, for every
09:29:35 So, in short, we are required to make these changes.
09:29:39 We will be fined if we don't.
09:29:40 And there are very few changes here.
09:29:43 With that, I will be happy to answer any questions
09:29:46 that I can.
09:29:49 Or Brad Baird is here.
09:29:52 >>MARY ALVAREZ: Mr. Metcalf, I like your brochure
09:29:56 Especially with the garbage disposal part of it.
09:30:01 I don't know when you might think of putting these
09:30:05 type of brochures, where they sell the garbage
09:30:11 What us this past summer, I bought a new garbage
09:30:13 disposal and they said, oh, sure, you can throw grease
09:30:16 in there.
09:30:17 So I think the dealers and the distributors and
09:30:21 everybody else needs to be educated on this.
09:30:24 And by having them put some of these brochures when
09:30:26 they are selling the garbage disposal is give them to
09:30:28 the customers.
09:30:29 They may have to say, yes, sure, put in the your
09:30:32 garbage disposal.
09:30:35 >> That's a great suggestion.
09:30:36 I had one person tell me they do not have a trash can
09:30:39 in their condo, because it could be odorless so
09:30:44 everything goes down the garbage disposal.
09:30:46 You are getting them now that say they can digest
09:30:50 bones so these people are throwing everything down
09:30:52 which isn't making our life easier.
09:30:55 >> In you go to sears, they sell a lot, Loew's, anyone
09:31:01 that sells appliances, they would really do a good
09:31:05 thing by putting these in and give them to their
09:31:12 >>> That's great.
09:31:12 And we are going to put those out with utility bills,
09:31:15 >> Also, the grease haulers, don't they go out and
09:31:18 clean out the grease traps?
09:31:20 >>> Yes.
09:31:21 >> How many grease haulers do we have now?
09:31:24 >>> Let me get Brad up here.
09:31:26 I think we have half a dozen or maybe more.
09:31:31 Brad had a workshop with them and might have a better
09:31:34 >>BRAD BAIRD: Director of water department.
09:31:38 Nice to be on the clean waterside.
09:31:41 I believe we have about 15 to 20 grease haulers that,
09:31:46 you know, some of which showed up at the workshop that
09:31:49 we held earlier this year.
09:31:54 >>MARY ALVAREZ: Where they go out and do their
09:31:57 cleaning out -- I guess it would be the large?
09:31:59 >>> They clean out the grease intersectors.
09:32:02 The first slide showed which was like a septic tank.
09:32:06 The agrees haulers will clean out those.
09:32:08 Grease traps for the most parted are cleaned now by
09:32:11 the establishment.
09:32:15 >>MARY ALVAREZ: I think this ordinance is probably
09:32:16 something that we need to work on.
09:32:18 >>GWEN MILLER: Thank you.
09:32:26 Cathy Coyle.
09:32:28 You can come back.
09:32:30 >>CATHERINE COYLE: Land development.
09:32:32 I forwarded a memo requesting a walk-on item for WZ
09:32:35 06-158 for the Ybor City museum society.
09:32:39 They are requesting a 2(COP-R) license from 1905-1907
09:32:44 north 19th street.
09:32:45 They were requesting consideration of being on
09:32:49 November 30, 2006, in order to obtain the license
09:32:52 prior to the holiday season.
09:32:54 Their representative is present, if you have any
09:32:56 questions about scheduling it.
09:33:02 >>MARY ALVAREZ: I would like to move we allow them to
09:33:04 do that.
09:33:05 >> Second.
09:33:05 (Motion carried).
09:33:06 >>CATHERINE COYLE: That would be 10 a.m.
09:33:08 Thank you.
09:33:09 >>GWEN MILLER: 10 a.m.
09:33:10 Ms. Barbara Heineken.
09:33:20 >> Good morning.
09:33:21 Item number 24 is resolution to approve another grant
09:33:29 from the department of environmental protection.
09:33:31 Receiving 200,000 this year.
09:33:34 We are going to be looking at how to increase
09:33:36 participation in some of our more diverse
09:33:40 neighborhoods, about 5% of the population those
09:33:44 So we are going to hire a consultant to help us do
09:33:49 some focus groups, and do some studies on why people
09:33:53 don't participate, and how we can get people to
09:33:55 participate more.
09:33:56 >>GWEN MILLER: Any questions by council?
09:34:01 Thank you.
09:34:11 >>> Good morning, council.
09:34:12 I'm here to ask that we have on the agenda a
09:34:15 resolution, authorizing the city to enter into a
09:34:18 contract with Mason Tillman and also the corresponding
09:34:22 financial resolution.
09:34:35 However, we wanted to have the opportunity to go ahead
09:34:37 and engage their services.
09:34:39 That required me to provide you all with a resolution
09:34:43 and agreement.
09:34:44 >>MARY ALVAREZ: Move the resolution.
09:34:48 >>GWEN MILLER: Mr. White?
09:34:53 >>MARTIN SHELBY: I was going to say I believe this is
09:34:56 a walk-on.
09:34:57 I don't know if council wishes to hold this till after
09:35:00 public comment.
09:35:00 >>KEVIN WHITE: Absolutely.
09:35:02 And there are quite a few people that want to speak on
09:35:05 Not only that.
09:35:06 I am for the resolution.
09:35:07 I don't have a problem.
09:35:09 Some of the people in the listening audience as well
09:35:11 as our studio audience would like to know a little bit
09:35:15 more information about item number 3 on the agenda and
09:35:19 would want to speak in reference to it rather than
09:35:21 just passing it right now and having them speak then.
09:35:24 I don't think there's going to be a problem with it,
09:35:28 but I think from the standpoint we would like the
09:35:30 update first, and then if there's any other questions,
09:35:34 more guidelines.
09:35:35 >>> I would agree.
09:35:36 Thank you.
09:35:36 >>GWEN MILLER: The item will come back.
09:35:43 Ms. Julia Cole.
09:35:51 >>KEVIN WHITE: Thank you, Mr. Shelby.
09:35:53 >>JULIA COLE: Legal department.
09:35:54 I'm here reference to item number 2 on your agenda.
09:35:57 >>MARTIN SHELBY: This is continuance on item number 9.
09:36:03 Did you want that?
09:36:07 >>JULIA COLE: I'm sorry.
09:36:07 I would like to request item number 9 the proposed
09:36:10 ordinance allowing advertising on bus shelters be
09:36:15 continued for one week.
09:36:16 Mr. Dingfelder is not here today and would give us
09:36:20 additional time to work with Hart so I have some
09:36:22 additional language.
09:36:23 >> So moved.
09:36:24 >> Second.
09:36:24 (Motion carried).
09:36:25 >>KEVIN WHITE: Unfinished business next week?
09:36:29 >>GWEN MILLER: Unfinished business?
09:36:32 >>KEVIN WHITE: Yes.
09:36:32 >>MARTIN SHELBY: Are you ready to approve the agenda?
09:36:38 >>THE CLERK: I have a slight computer problem so we
09:36:41 probably need to take a slight recess.
09:36:45 >>GWEN MILLER: For five minutes or however long it
09:36:51 Till the clerk gets her computer working.
09:36:55 Ring the bell.
09:41:04 (City Council recess)
09:46:13 [Sounding gavel]
09:46:14 >>GWEN MILLER: Tampa City Council is scald back to
09:46:17 Roll call.
09:46:19 >>SHAWN HARRISON: Here.
09:46:20 >>MARY ALVAREZ: Here.
09:46:21 >>ROSE FERLITA: Here.
09:46:21 >>KEVIN WHITE: Here.
09:46:22 >>GWEN MILLER: Here.
09:46:24 At this time we need to approve the agenda.
09:46:27 >> So moved.
09:46:28 >> Second.
09:46:29 >>GWEN MILLER: Any items to pull?
09:46:32 >>ROSE FERLITA: I don't necessarily need to pull it
09:46:34 but I had just gotten some backup information.
09:46:36 I'm sorry I'm so late in doing that.
09:46:38 I had some questions on item number 18 under Ms.
09:46:41 Alvarez' agenda, if I could ask a couple questions
09:46:47 when we get to the.
09:46:48 Not really pulling it.
09:46:50 >>GWEN MILLER: Any other to pull?
09:46:51 >>THE CLERK: Madam Chair, on item number 14, you
09:46:56 received a request to have that ordinance removed from
09:46:58 the agenda.
09:47:01 >> So moved.
09:47:02 >> Second.
09:47:02 >>GWEN MILLER: Motion and second to remove item number
09:47:04 (Motion carried)
09:47:06 Any other item?
09:47:08 >>KEVIN WHITE: Move approval of the agenda.
09:47:12 (Motion carried).
09:47:12 >>GWEN MILLER: Now we go to item number 2.
09:47:21 >>JULIA COLE: Legal department.
09:47:28 We submit towed a memorandum and the proposed
09:47:31 ordinance to extend the banner liability along the
09:47:38 entire Kennedy.
09:47:40 It was pointed out to me by Tom feaster that Kennedy
09:47:43 now extends past Jefferson street to Channelside
09:47:47 So I am providing an amended ordinance which allows
09:47:51 for that provision.
09:47:53 I would request we do it for first reading if it meets
09:47:59 your approval.
09:47:59 >>MARY ALVAREZ: Ms. Cole, we also need -- would like
09:48:04 to have the banners included on the Nick Nuccio
09:48:08 parkway between Nebraska and Palm Avenue.
09:48:12 That was a request from the YCDC.
09:48:20 >>JULIA COLE: If council would like me to submit that
09:48:21 change we can go ahead and I can upon your approval
09:48:24 make that change and bring that back as part of first
09:48:26 reading, too.
09:48:27 >>MARY ALVAREZ: I would like to make that motion.
09:48:31 >> Second.
09:48:31 (Motion carried).
09:48:32 >>GWEN MILLER: Can we do 3 or do we need to wait?
09:48:39 >>JULIA COLE: Need to wait.
09:48:41 I don't know if you want to schedule this for two
09:48:45 We can do it next week.
09:48:46 >>MARY ALVAREZ: I make a motion that next week,
09:49:01 Make a motion.
09:49:01 >>MARY ALVAREZ: I did.
09:49:02 >>GWEN MILLER: Nobody seconded it.
09:49:03 >>MARY ALVAREZ: Second my motion, guys.
09:49:09 >>ROSE FERLITA: And I want to ask something with
09:49:11 that -- about that.
09:49:12 Second, sure.
09:49:13 >>GWEN MILLER: I have a motion an second.
09:49:14 (Motion carried).
09:49:17 >>ROSE FERLITA: We had gotten a complaint that the new
09:49:20 signs on Nuccio parkway, for former I Nick Nuccio,
09:49:25 were misspelled.
09:49:26 That's probably something we need to take care of.
09:49:29 It was the Nuccio family who complained.
09:49:32 I'm sure they know how to spell it appropriately.
09:49:35 It's not for you, Julia, but for publication, whoever
09:49:38 is in charge of that.
09:49:39 And also check which ones.
09:49:41 I didn't get to check which ones.
09:49:43 But maybe somebody from transportation can go down
09:49:46 Nuccio parkway, just from a point of information.
09:49:48 >>GWEN MILLER: Item number 3.
09:50:02 >> Greg HOFF, min regarding the disparity study.
09:50:12 We are going to provide you with an overview of where
09:50:14 we are with the study.
09:50:15 And the plans to continue our progress.
09:50:20 If I may have the PowerPoint presentation, please.
09:50:25 As a matter of background, the current minority
09:50:28 business development program is implemented by
09:50:30 executive order.
09:50:31 The executive order provides for minority
09:50:33 participation in construction contracts through
09:50:40 subcontract goals.
09:50:41 It also requires documented evidence when contract
09:50:46 goals are not met.
09:50:57 As you may be aware, a legal basis is needed in order
09:51:00 to require race and gender contract goals.
09:51:12 Also, the disparity study allows for the establishment
09:51:16 of best practices such as unbundling projects, seeking
09:51:22 to reduce insurance requirements, or limits by direct
09:51:28 Examples of that sort.
09:51:33 Regarding our recent disparity study, a nationally
09:51:39 recognized firm was hired in December 2004 to evaluate
09:51:43 participation of minority businesses in city
09:51:46 The study included Hillsborough County aviation
09:51:48 authority and the City of Tampa's cost was $111,000
09:51:55 The study methodology compared all firms available to
09:51:58 do business with the city, to firms that actually did
09:52:01 bid with the city.
09:52:04 The study period covered contract awarded between
09:52:07 October 1st, 2001, to September 30, 2004.
09:52:11 The analysis included city contracting which included
09:52:18 construction, new construction, renovation projects,
09:52:21 construction of related services which would be things
09:52:23 like architectural and construction management,
09:52:26 et cetera.
09:52:27 It included legal services, financial services, those
09:52:35 types of needs.
09:52:36 Also, things like janitorial.
09:52:52 The disparity was indicated in prime contracts.
09:52:58 That brings us to the post study development.
09:53:04 According to the disparity study report a task force
09:53:07 was formed and determined what actions both legal and
09:53:10 policywise we can take.
09:53:13 Subsequently, 419 firms with Tampa addresses were I
09:53:17 had as available but not included in the study.
09:53:21 Those included 149 construction related firms, again
09:53:26 architectural and engineering type services, and 270
09:53:29 firms in construction, that would be general
09:53:32 contractors, and your construction trade firms.
09:53:43 With that noted exception, it is important that a
09:53:47 complete and accurate disparity study is confirmed so
09:53:53 that we can formulate policy that for implementing the
09:53:55 rates and gender base goals.
09:53:58 Therefore, Mason Tillman must perform a verification
09:54:01 and analysis of the additional data, and update the
09:54:05 disparity studies necessary.
09:54:07 The methodology will determine whether the additional
09:54:09 data should be considered.
09:54:13 In this regard we now have a plan to update the
09:54:16 disparity study, that Mason Tillman -- before updating
09:54:24 the disparity study.
09:54:28 Mason Tillman to travel to Tampa to confer with city
09:54:31 staff and reach consensus on the status of the 419
09:54:34 We intend to accomplish this by October 31st.
09:54:39 The work plan consists of several phases.
09:54:41 Phases 1 through 5 includes validating the firms, and
09:54:46 then submitting the findings for the city's review.
09:54:48 We intend to accomplish this by November 30th.
09:54:57 Disparity analysis, study chapters and the final draft
09:55:01 of the city's review.
09:55:02 We intend to accomplish this by December 31st,
09:55:07 The proposed budget for executing the updated plan is
09:55:09 approximately $70,000.
09:55:12 I would like to note that the task force for all those
09:55:23 That brings us to our recommendation, which is to
09:55:25 request council to approve the walk-on agenda items,
09:55:28 which is the budget resolution, and also approval of a
09:55:33 contract with Mason Tillman directly for the disparity
09:55:36 >>KEVIN WHITE: I have a question.
09:55:50 I know you have only been here a short time and been
09:55:52 in constant contact with Mr. Spearman who has done an
09:55:57 excellent job in doing the best he could with what he
09:55:59 had, to work with when you got when he got here in
09:56:08 regards to job order contracts and everything else.
09:56:17 Once we spent this kind of money to find the 419 firms
09:56:21 were either inadvertently left off or were considered
09:56:24 by mistake, or included but out of business, business
09:56:30 owner is dead, various array of different excuses, I
09:56:36 guess, if you will.
09:56:38 What assurances do we have -- I'm looking at the time
09:56:41 line on this.
09:56:43 It appears to be a very aggressive time line to come
09:56:47 to a conclusion, something that should have been
09:56:50 concluded long before now.
09:56:56 Do you see this as being the last bump in the road, if
09:56:59 you will?
09:56:59 Or is it something else that could possibly happen?
09:57:05 But once we get past this hurdle, do you see, are
09:57:09 there any other unforeseen things --
09:57:15 >>> Councilman, it's our expectation this will in fact
09:57:18 serve two things, the questions or Colts that have
09:57:27 been raised with regard to the additional firms.
09:57:29 We discussed this time line with Mason Tillman, and
09:57:33 the expectation is that we can adhere to it.
09:57:35 If not, they are going to certainly let us know in
09:57:38 these initial phases.
09:57:42 >> KEVIN WHITE: And the firm of 149, and the --
09:57:51 construction related and 270 that are actually
09:57:53 construction firms, looking at those numbers, we came
09:57:58 to a conclusion in the beginning, or their report that
09:58:03 there was disparity in primes but no disparity in subs,
09:58:10 what portion of these two of the 419 were subs -- my
09:58:15 main concern there is once that data actually comes out
09:58:19 are we going to actually find you have disparity in
09:58:24 subs, too?
09:58:26 >>> Sir, I can't tell you that.
09:58:28 There were certainly in both the category of numbers,
09:58:37 construction related, and construction firms that are
09:58:40 going to be reviewed and analyzed.
09:58:42 >>KEVIN WHITE: Well, I for one am glad to see, I
09:58:46 guess, that there was still something hiding in the
09:58:51 bushes, and it was uncovered, and it looks like we are
09:58:54 on the right road to at least getting the next phase
09:59:00 of the ordinance handled.
09:59:02 And the good thing about it is when we first started
09:59:05 talking about this in 2003, we had $300,000 allocated,
09:59:09 or we talked about $300,000.
09:59:12 Luckily we partnered with the aviation authority, and
09:59:15 we only spent $111,000 of the city money.
09:59:18 So it's still a great savings.
09:59:20 So even with the extra moneys that we are asking to be
09:59:23 allotted today, we still have a 50% cost savings of
09:59:29 what we had initially planned for the project.
09:59:33 I'm just disappointed and what should have been
09:59:40 resolved by this point in time.
09:59:42 I didn't think this would have to go to December of
09:59:44 '06 or probably January of '07.
09:59:47 But I'm ecstatic that we are as close as we are and it
09:59:50 looks like we are right at the edge getting ready to
09:59:53 cross the finish line and make this a fair process for
09:59:55 everyone involved.
09:59:56 >>> Yes, sir, absolutely.
09:59:58 >> Thank you for your diligence and for moving in the
10:00:01 right direction.
10:00:06 I'm sure there are people in the public that want to
10:00:08 comment as well.
10:00:12 >>MARY ALVAREZ: Mr. Hart, going back to the 419 firms,
10:00:16 you may not know this question but I am going to ask
10:00:18 it anyway.
10:00:18 Is this 419 firms that were identified and available,
10:00:23 did they go by the yellow pages, and pick out the
10:00:27 construction and all the related type of firms and so
10:00:36 Is that how they got the 419 addresses?
10:00:42 Or did they actually know that these people were in
10:00:44 It seems to me like that's the way they did.
10:00:47 They just went by the yellow pages and said, oh, yeah,
10:00:50 here's a construction firm.
10:00:52 We don't have them in our study.
10:00:54 Let's put this one down.
10:00:56 Do you know if that's the way they did it?
10:00:59 Or how did they come up with this?
10:01:02 >>> Ms. Alvarez, I do not.
10:01:03 And that is exactly why we are going to retain them,
10:01:08 to go through this list and validate and confirm the
10:01:12 source and the validity.
10:01:15 >>KEVIN WHITE: If I am not mistaken, Ms. Alvarez,
10:01:18 these are actual contractors that have been actually
10:01:21 listed and signed up to do business with the city, and
10:01:27 on the city business.
10:01:28 So these are people that have actually come in, signed
10:01:31 up on the small business enterprise, and women and
10:01:35 minority business, then your bid list, so it wasn't
10:01:39 anything at random.
10:01:41 These were actually applications, and suppliers that
10:01:44 have applied to do business with the city.
10:01:48 >>MARY ALVAREZ: Well, they must have had various
10:01:50 reasons then that they were identified as available
10:01:53 but not included.
10:01:54 That would be one thing that I would like to know
10:01:56 about, how they came up with -- I accept your
10:02:00 explanation, Mr. White.
10:02:02 But, you know, I'd like to know.
10:02:09 Like to know.
10:02:10 Thank you.
10:02:10 >>DAVID SMITH: Ms. Alvarez, Mr. White explained it
10:02:18 exactly correctly. The source was literally the list
10:02:21 of people who have done business with the city or who
10:02:24 have sought to do business with the city.
10:02:27 And it's important to remember that what they were
10:02:30 trying to do was identify those people from a time
10:02:32 period of the study.
10:02:33 So this was done after the fact.
10:02:35 So some of these people may no longer have been doing
10:02:38 business in 2006, but we had to determine whether they
10:02:41 would do business in that time period.
10:02:43 So this was in essence a city roster.
10:02:46 Some of whom obviously have not been purged.
10:02:49 There were some errors on that list.
10:02:51 But that's what the -- where the data was generated
10:02:54 >>GWEN MILLER: Mr. Harrison?
10:02:55 >>SHAWN HARRISON: Mr. Smith or Mr. Hart, I'm not sure
10:02:57 who would answer.
10:03:00 How big is the universe that we were dealing with?
10:03:04 And so that will give us an idea.
10:03:06 Is the 419 a large percentage?
10:03:09 Or is it relatively minor percentage?
10:03:14 >>DAVID SMITH: City attorney.
10:03:16 It depends upon which category.
10:03:19 The key issue here is a ratio.
10:03:21 A disparity is determined by looking at a ratio, and
10:03:26 that is the number of minority and women-owned
10:03:28 businesses that are used by the city in comparison to
10:03:33 those available.
10:03:34 So, for example, if we have 100 firms that did
10:03:38 business in the city, 10 of which were women or
10:03:40 minority owned, we should expect to find 10% of our
10:03:44 contracts awarded to women and minority-owned
10:03:47 So it really depends on which category.
10:03:49 And that's why we have Mason Tillman reevaluating the
10:03:52 data, and determining whether it affects any of their
10:03:56 And that was the question Mr. White asked.
10:03:58 It is certainly possible, Mr. White, that they could
10:04:01 find a disparity in subcontracts based upon the data.
10:04:04 And the reason we are asking to relook at the data is
10:04:07 we need to make sure it's accurate.
10:04:09 So if we are challenged we have done our due
10:04:11 diligence, we have cleared up any questions, this is a
10:04:14 supportable finding that we can defend in court if we
10:04:17 have to.
10:04:18 >>SHAWN HARRISON: Yes, but my question was, there was
10:04:20 a universe of vendors that were studied.
10:04:24 It was a figure, a certain amount of people that were
10:04:29 And we know out of that universe there were 419 that
10:04:33 were inaccurate.
10:04:35 As Mr. White said, dead or moved on or whatever the
10:04:39 situation was.
10:04:40 So what my question is, how many were on that list
10:04:44 that were studied?
10:04:45 What I want to know is, is 419 ten percent of what was
10:04:52 on the list, or is it 40%?
10:04:55 >>> Let me try to clarify that.
10:04:57 The problem is you have to also categorize these
10:04:59 Are they construction related?
10:05:01 Design services? You know, the whole list of
10:05:03 The methodology is very complex.
10:05:05 This is not as easy as it might seem.
10:05:08 So the 419 -- and I don't know the empiric empirical
10:05:12 information -- where do they fit in terms of
10:05:15 Now, if you compare that to the overall study of
10:05:18 everybody, that doesn't giving give you a meaningful
10:05:21 number F.a bunch of those 419 are in the design
10:05:23 services, and we have a smaller universe of design
10:05:26 services contractors, that's a huge difference.
10:05:29 It could completely change the findings.
10:05:32 So we know when we have a finding based upon numbers,
10:05:35 it is in each category.
10:05:37 So, you know, I don't know if Greg spearman has
10:05:39 anything more definitive.
10:05:41 But part of what Mason Tillman is doing is they will
10:05:44 look at these contractors or subcontractors and they
10:05:46 will also categorize them.
10:05:48 And what we need to make sure we are doing is that we
10:05:50 are using a consistent methodology for categorizing
10:05:53 construction related, prime, subs, design services,
10:05:58 there's a whole category of things.
10:05:59 And that's one of the issues that came up.
10:06:02 For example, there was a law firm on the design
10:06:05 Lawyers do get involved in construction contracts but
10:06:07 we are really not design services.
10:06:09 We need to purge the data of those kinds of errors.
10:06:12 But I can't give you a specific answer.
10:06:14 If I knew that we would ask Mason Tillman to do an
10:06:19 update because it needs to be analyzed and categorized
10:06:23 before we can do the kind of ratio.
10:06:24 I can tell I'm confusing you.
10:06:26 >> No, you're not confusing me.
10:06:29 >> But I do not know.
10:06:31 That needs to be analyzed by Mason Tillman and.
10:06:37 >>SHAWN HARRISON: Well, maybe someone that was more
10:06:39 involved with the study and knows more of the
10:06:42 particulars can answer that question.
10:06:43 Because I think that's a very salient question.
10:06:48 I mean, there was a mistake made here somewhere.
10:06:50 And that mistake is costing the city $70,000 to
10:06:54 So, you know, was it our mistake?
10:06:57 Was it Mason Tillman's mistake?
10:07:00 We need to answer that.
10:07:01 But I also really do want to know, there has to have
10:07:05 been a finite number of firms that were studied.
10:07:10 And out of that finite number, 419 have emerged as
10:07:15 being erroneously included.
10:07:17 And so I want to know how big that study universe was.
10:07:22 And what this 419 represents.
10:07:25 Is it 1%?
10:07:29 >>> I got you.
10:07:30 Your question is how big is the error, so to speak, in
10:07:33 the global sense.
10:07:35 I do not know that answer.
10:07:38 Maybe Mr. Spearman does.
10:07:39 >>GWEN MILLER: Ms. Alvarez?
10:08:04 >>GREG SPEARMAN: Director of purchasing.
10:08:08 I do not have an exact number.
10:08:10 But we do look at the list of available firms, first
10:08:14 And we look at whether or not those firms actually
10:08:18 were awarded contracts.
10:08:19 And then we look at the categories for those firms.
10:08:24 Not of the number of firms.
10:08:25 But the available firms and utilization of those
10:08:28 So we will go back because we don't have that for you
10:08:33 >> Could you take a guess?
10:08:36 >>> I would really hate to speculate because we would
10:08:38 like to give you the correct number.
10:08:40 Let us get that information back to you.
10:08:45 >>ROSE FERLITA: I think Mr. Harrison poses some pretty
10:08:47 good concerns.
10:08:48 I wonder if Mr. Smith would like to add something to
10:09:03 >> Darrell Smith, chief of staff.
10:09:05 What we have here with the Mason Tillman disparity
10:09:10 study is a very, very complex undertaking.
10:09:14 And we have employed nationally known experts in this
10:09:19 field to examine the data.
10:09:23 They did their jobs.
10:09:25 They provided the results.
10:09:26 And subsequently we discovered that there were 419
10:09:35 examples that were omitted.
10:09:38 We need to -- what percentage of the 419 of the
10:09:45 overall universe is really going to be dependent on
10:09:48 May son Tillman on whether or not that is
10:09:52 statistically significant.
10:09:54 That's one of the first things that we will examine
10:10:00 when we have the staff exchange with Mason Tillman as
10:10:03 the first phase of this next update.
10:10:06 They will come here with five experts.
10:10:09 They will meet with our staff.
10:10:11 We will have those kinds of questions.
10:10:12 Right now, we do not know the scope of this overall
10:10:18 They have projected 70,000 as a budget.
10:10:20 We will examine that along the way as we see the
10:10:24 significance of the data and how that data fits with
10:10:30 their methodology.
10:10:32 >>MARY ALVAREZ: Mr. Smith, it wasn't the study that
10:10:36 showed that these 419 firms were omitted.
10:10:39 It was the contract administration department.
10:10:47 >> Contract administration department provided input
10:10:49 to this study initially.
10:10:50 Mason Tillman provided feedback in July of 2005 as the
10:10:59 basic raw data for the analysis and disparity study.
10:11:03 We asked the staff to coordinate on that data, and
10:11:05 provide verification that it was accurate and was
10:11:12 The staff was challenged in that regard, though,
10:11:17 because staff is not aware of the overall methodology
10:11:19 that Mason Tillman uses to roll that data into their
10:11:24 overall study.
10:11:25 And, in addition, staff looking at individual pieces
10:11:29 of data in the overall study, it's very difficult to
10:11:33 tell whether everything is in or not.
10:11:37 And so we had the situation where Mason Tillman
10:11:43 briefed council in May of this year on results.
10:11:45 That's the first time we got to see the results, also.
10:11:48 And our staff, in particular contract administration,
10:11:51 reviewed those results, and saw some examples where
10:11:57 there were very high percentages of firms listed as
10:12:00 doing business with the City of Tampa.
10:12:04 Higher percentages than in practice we were aware of.
10:12:08 So we started asking questions.
10:12:11 We had a dialogue with Mason Tillman.
10:12:13 And that led to an additional identification of 119.
10:12:19 We asked the staff to continue to examine possible
10:12:23 omissions, and make sure that we do this one more
10:12:27 time, and we do it right.
10:12:31 That eventually got to 419.
10:12:32 The administration agreed that 419 is all that is
10:12:41 possible omitted from the study, and it's imperative
10:12:44 that we not get into the amateur mode of trying to
10:12:47 analyze these results.
10:12:48 That's what we are paying Mason Tillman for.
10:12:52 >>MARY ALVAREZ: So what I am getting at is that it
10:12:54 wasn't because of the Mason Tillman study, it was an
10:12:59 honest mistake, I'm hoping, from the contract
10:13:02 So the study that we paid for was complete as far as
10:13:07 we knew.
10:13:07 So now we are being asked to add another 70,000 to
10:13:12 correct the mistake that was made by the city, by the
10:13:17 contract administration department.
10:13:19 >>> Yes, ma'am.
10:13:20 An honest mistake.
10:13:21 And I really want to acknowledge the outstanding work
10:13:24 that Greg spearman did in leading this effort, and the
10:13:27 outstanding work that all of our staff members did
10:13:29 that participated in the study.
10:13:31 They did a magnificent job.
10:13:34 But it was very complex and very challenging from the
10:13:37 >>MARY ALVAREZ: And no one is faulting them.
10:13:41 Thank you very much.
10:13:43 >>GWEN MILLER: Mr. Harrison?
10:13:44 >>SHAWN HARRISON: Well, a bit of the problem that I'm
10:13:46 having with it is we are so totally and utterly
10:13:50 dependent on May son Tillman.
10:13:53 And if what they are telling us is, well, you have
10:13:57 419, and we don't know if that's statistically
10:14:01 significant or not.
10:14:02 But if you pay us another $70,000 we'll tell you if
10:14:05 it's statistically significant or not.
10:14:07 And so I just want to make sure that that is a wise
10:14:14 expenditure of taxpayer dollars and it would seem that
10:14:17 someone other than mason till man knows whether the
10:14:21 419 really is an issue.
10:14:25 If the universe is 40,000 and we are talking about 400
10:14:28 maybe that's not a big deal.
10:14:29 If the universe is 1,000 and we are talking about 400
10:14:33 it's a huge issue.
10:14:34 And really is a major mistake to have gotten to that
10:14:39 But one thing is very clear that you said, Mr. Smith.
10:14:42 This is complex.
10:14:45 The day that I got sworn into office, I started
10:14:48 hearing about the disparity study eight years ago, and
10:14:51 it still is not completed yet.
10:14:52 So I hope that, as we have said, we are in the tunnel
10:14:59 and at the end of this year this disparity study is
10:15:02 going to be completed.
10:15:03 It's too bad that it's costing us another $70,000 to
10:15:07 figure it out.
10:15:07 But if that's what wave to do, I guess that's what we
10:15:10 have to do.
10:15:11 >>> I might add a couple of points here.
10:15:13 You know, Mason Tillman is going to have to defend any
10:15:17 action that they take, and the associated payment that
10:15:20 they are going to be asked in response to their work,
10:15:25 both from within the city and nationally competitive
10:15:31 but to try to get a second opinion on whether or not
10:15:34 the 419 is statistically significant to the point
10:15:37 where it's worth the 70,000, we would be paying far
10:15:42 more than 70,000 to get that level of detail and that
10:15:46 kind of a decision.
10:15:47 And I will point out that --
10:15:50 >>KEVIN WHITE: Actually, Mr. Smith, it would have to
10:15:52 start all over again.
10:15:53 >>> Yes, sir.
10:15:53 >>KEVIN WHITE: They would have to start all over
10:15:56 >>> Yes, sir.
10:15:57 I will point out also that we made a conscious
10:15:59 decision, and the disparity study to provide the data
10:16:03 from the city as opposed to Mason Tillman sending
10:16:08 their people down here and collecting all of this
10:16:12 And that was a move that was resulting in a lower cost
10:16:17 as opposed to what Mason Tillman had which was
10:16:21 $230,000, if they sent their folks down here and
10:16:25 collected the data.
10:16:26 We felt we were in a better position to know what data
10:16:29 should go into it, and to satisfy their methodology.
10:16:33 So we actually take 230 of getting reinvested in
10:16:43 addition to Mr. White, the 3, 000,000 initial
10:16:46 Now, you are getting a disparity study for $111,000.
10:16:53 That is very, very low as far as the cost for all of
10:16:56 the work that went into the study.
10:16:58 Now, I am disappointed, as you are, what the
10:17:01 additional 70,000 potential that we are going to have
10:17:04 to pay.
10:17:05 But in order to get a study that is complete and that
10:17:09 cannot be challenged from a legal basis, we do not see
10:17:12 another approach that we can take other than a lot
10:17:17 more money.
10:17:19 >>GWEN MILLER: $70 will be our last payment, because
10:17:23 when we come back everything will be --
10:17:25 >>> Based on what we have been provided as far as
10:17:27 information and what we know, and we will keep council
10:17:31 informed as we go along, as we work with Mason
10:17:34 There are certainly steps along the way where
10:17:38 everybody is going to have more information as far as
10:17:41 what we are getting into.
10:17:43 They have provided that budget.
10:17:44 And we have to rely on their estimate.
10:17:50 >>KEVIN WHITE: One thing that Mr. Smith said, just to
10:17:54 go back and follow up and I don't want to beat a dead
10:17:57 horse, short and sweet.
10:17:59 That's what I was talking about when I made my first
10:18:02 When you said he would wanted to save money by us
10:18:07 providing Mason Tillman from sending their people.
10:18:10 That was my point exactly from the very beginning of
10:18:12 When we as the administration or we as the city, when
10:18:15 we control the input, we control the outcome.
10:18:20 And if they were able to come in in the very beginning
10:18:23 and say, this is what we need this, this is what we
10:18:26 need, we can disseminate all the information.
10:18:28 And if it costs us a little more to get done with W
10:18:32 this process hopefully, or theoretically from now, but
10:18:37 that was my problem with the whole study to begin
10:18:40 with, was we are paying for an independent study.
10:18:45 We are going to control what you look at.
10:18:47 And then come out, and now we are coming back with
10:18:51 another expenditure.
10:18:52 But hopefully, it will all be done, and it will all be
10:18:55 done expeditiously by the end of the year and it will
10:18:57 come out the right way and everybody --
10:19:00 >>> I understand your point.
10:19:01 And they are the experts.
10:19:03 And they have the methodology.
10:19:04 And they are the ones that need you to be in a
10:19:07 position to say "yes" or "no" on what data that we
10:19:10 provide goes into their study.
10:19:12 We certainly expect them, if they saw a situation
10:19:15 where extraneous data, or data that was not relevant
10:19:19 to a study was trying to be input by the client, I am
10:19:25 positive that they would raise the flag and not allow
10:19:28 that to go through.
10:19:37 >>ROSE FERLITA: I just want to make a couple comments.
10:19:40 First of all, I do want to acknowledge and
10:19:42 congratulate Mr. White for doing his homework on this.
10:19:45 And he has certainly been aware, and right there in
10:19:49 terms of anything that needed to be a wrong needing to
10:19:54 be righted for minorities in the disparity study.
10:19:58 And Mr. Harrison, I think if we had a practice on this
10:20:00 council, that we gave an award every week called
10:20:04 "stump the panel," you would get it.
10:20:07 Because many people have come up and tap danced but
10:20:11 nothing amateur, somebody referenced to amateur mode,
10:20:15 nothing in an amateur mode about what you asked.
10:20:18 The question is very valid, very Jermaine and still
10:20:21 hasn't been answered.
10:20:22 And although Mr. Smith said we got a good deal on a
10:20:25 disparity study at $111,000 that's a wonderful thing.
10:20:28 But after 111,000 and nobody can answer, what
10:20:31 percentage is that 419 represent?
10:20:34 How statistically significant it is -- I'm a little
10:20:38 bit concerned.
10:20:39 And I just want to put that on record because I think
10:20:41 both Mr. White and Mr. Harrison brought up some very
10:20:44 good points.
10:20:44 So I hope as we go forward with investing what I hope
10:20:47 is not good money after bad, that we can have some
10:20:50 answers that other than Tillman somebody can know
10:20:54 something as simple as that.
10:20:56 What's the percentage represent?
10:20:57 It's not directed at you.
10:20:59 I'm sorry to interrupt you.
10:21:00 But thank you.
10:21:03 >>> Not a problem.
10:21:03 Good morning, council.
10:21:04 We want you to have an opportunity to go ahead and act
10:21:06 on these two motions.
10:21:07 The motions are for the financial appropriation of
10:21:11 I believe you all have that on the dias with you and
10:21:14 also the resolution approving the agreement.
10:21:16 I will tell you that within the resolution approving
10:21:20 the agreement for the supplemental services. In
10:21:26 section 2 of the resolution I will be making a slight
10:21:29 I need to put in the correct index number for where
10:21:32 the money is coming from, and that index code would be
10:21:42 It's correct on the financial resolution.
10:21:45 My resolution needs to come part with that.
10:21:48 As far as the actual text of the agreement, there was
10:21:52 a couple of things that I wanted to point out to you,
10:21:54 given the fact that we did provide this to you this
10:21:57 morning, and you need to be aware of these things.
10:22:01 Within the text of the agreement, there is exception
10:22:04 1 -- in section 1.3 a blank for making them indicate
10:22:10 to us who their liaison is going to be, who will be
10:22:15 However, we are not sure if perhaps Ramsey would
10:22:21 prefer to go ahead and do that so there is a blank in
10:22:25 there, that is on purpose.
10:22:26 Additionally, the agreement references to that exhibit
10:22:33 A and exhibit B, both of them are to be referencing
10:22:36 the budget proposal which you also have.
10:22:39 The budget proposal would have the nine different
10:22:42 phases of the work and the 70,000.
10:22:44 The budget proposal is the scope of services, as well
10:22:46 as the actual amount.
10:22:48 All of that information in there.
10:22:50 So I wanted you to be clear on that.
10:22:52 So other than that, those are the clarifications that
10:22:56 I wanted to make, providing you all to go ahead and
10:23:00 move and take action on these resolutions.
10:23:06 >> So moved.
10:23:07 >>MARY ALVAREZ: Second.
10:23:08 >>SHAWN HARRISON: Shouldn't we hear from the public
10:23:10 before we vote on this?
10:23:11 >>GWEN MILLER: We'll be going to that shortly.
10:23:15 We'll be doing public comments.
10:23:18 >>MARTIN SHELBY: Question.
10:23:19 There's a motion and second on the floor.
10:23:20 Do you wish to act on that motion, lay it on the
10:23:24 >>GWEN MILLER: We didn't get a second.
10:23:28 On the resolution.
10:23:29 >>MARY ALVAREZ: I did.
10:23:30 >>MARTIN SHELBY: Withdraw your motion then?
10:23:34 Until after public comment?
10:23:36 >>KEVIN WHITE: Well, if we move the resolution and
10:23:38 staff leaves --
10:23:39 >>GWEN MILLER: They are not going to go.
10:23:40 >>KEVIN WHITE: If staff stays to hear comments.
10:23:45 If staff will stay -- I'm okay with that.
10:23:50 >>GWEN MILLER: We'll have public comments shortly.
10:23:54 Please withdraw your motion.
10:23:56 >>MARY ALVAREZ: Do you want to have public comment
10:24:00 >>CHAIRMAN: We need to withdraw the motion.
10:24:01 >>MARY ALVAREZ: I seconded the -- to the resolution.
10:24:06 >>KEVIN WHITE: So you don't want to move the
10:24:08 resolution until public comment.
10:24:10 So I withdraw the motion until public comment.
10:24:12 >>MARY ALVAREZ: Withdraw my second.
10:24:14 >>GWEN MILLER: Motion and second to withdraw.
10:24:16 (Motion carried).
10:24:17 We go to item number 4.
10:24:22 >>CATHERINE COYLE: Land development.
10:24:25 I submitted a memo regarding the parking related
10:24:35 >>GWEN MILLER: Wait.
10:24:37 We are losing our forum.
10:24:39 >> This memo states to you that we are taking a
10:24:41 comprehensive look at our parking regulations: In the
10:24:45 past three months we had three separate requests from
10:24:48 council to look at three separate parking issues which
10:24:50 really leads to a comprehensive discussion.
10:24:53 I assigned the research to Barbara LePore in our
10:24:56 She has technical data.
10:25:00 To look for cities, municipalities that are similar,
10:25:03 comparable in size and population, the comparable mass
10:25:06 transit system, no rail, bus systems only, to be more
10:25:11 related to Tampa and how our parking issues -- so they
10:25:16 are similar.
10:25:18 She will have that report back to me on October
10:25:20 I believe there's a special discussion in November on
10:25:22 parking and I'll relay that information of our
10:25:26 >>GWEN MILLER: Questions by council members?
10:25:28 Okay, item number 5.
10:25:29 >>CATHERINE COYLE: Also, item number 5, that is for
10:25:32 the Bayshore Boulevard.
10:25:33 I did submit a memo.
10:25:37 I do have a revised memo for you.
10:25:48 This is severally for your record at this time.
10:25:51 We did go through a public workshop at the Kate
10:25:55 Jackson community center.
10:25:57 And what I spelled out in the memo is the scenic
10:25:59 corridor designation time line.
10:26:01 That is the text changes to the comprehensive plan
10:26:04 designating potentially Bayshore Boulevard as a scenic
10:26:08 I have given you the time line for that, if we work
10:26:11 with the Planning Commission on essentially a fast
10:26:13 track, ending in September 2007.
10:26:15 And on page 2 of the memo, you will see the time line
10:26:18 for the overlay district for Bayshore, which
10:26:20 essentially will follow just immediately currently
10:26:24 with it being wrapped up at the end of that, October
10:26:28 of next year, if you have any questions.
10:26:32 >>GWEN MILLER: Item number 6.
10:26:36 >>GLORIA MOREDA: Land development.
10:26:40 I can actually speak on item number 6 and 7 together.
10:26:44 They are really very related.
10:26:46 Item 6 relates to the fences in the right-of-way.
10:26:48 And item 7 is the retaining wall.
10:26:52 In the right-of-way.
10:26:53 Over the last few weeks, Jimmy Cook has prepared a
10:26:56 very rough draft of the proposed ordinance going to be
10:27:01 addressing encroachments into the public right-of-way.
10:27:03 He would distributed back to the legal department, the
10:27:06 public works department, risk management and urban
10:27:10 And are receiving some comments but we have not
10:27:13 received them all at this point.
10:27:15 We are going to be making adjustments to that
10:27:18 And in January, what we are proposing to do is to do
10:27:22 workshops with the neighborhood, you know, especially
10:27:28 the ones in Palma Ceia as well as Seminole Heights,
10:27:31 where many of the retaining walls are.
10:27:33 To go over our proposal in terms of dealing with these
10:27:36 issues administratively.
10:27:38 And at that point, City Council, we would suggest that
10:27:43 a workshop be scheduled for possibly the end of
10:27:47 I don't know if you would like me to come back in
10:27:49 January and then schedule that at that time, or if you
10:27:52 wanted to just go ahead and do it --
10:27:55 >>GWEN MILLER: In January.
10:27:57 >>GLORIA MOREDA: That would be fine.
10:27:59 The last thing I want to say is that the city is
10:28:01 working very closely, or our office is working very
10:28:04 closely with code enforcement.
10:28:06 The citations relating to the fences in the public
10:28:13 right-of-way, we are asking them to be continued out
10:28:15 so that we can get this process basically adopted
10:28:19 through council.
10:28:20 And the ones that are going to go forward are only the
10:28:23 ones that really has an imminent public safety issue
10:28:27 associated with it.
10:28:29 I can answer any questions if council wishes.
10:28:33 >>MARY ALVAREZ: The ones that you have, we have now,
10:28:35 are those going to be grandfathered in?
10:28:38 >>GLORIA MOREDA: What we are going to try to do is the
10:28:42 ordinance that recognizes existing encroachments.
10:28:45 They would have to go through the process, that they
10:28:50 will be recognized dealing with existing and proposed
10:28:52 future encroachment.
10:28:54 >> And that would be administratively?
10:28:56 >>> We are trying to dot administratively, yes.
10:28:58 We are trying to establish the clear criteria on when
10:29:01 it's acceptable.
10:29:03 And the public works is outlining those issues right
10:29:07 now, along with Jimmy Cook.
10:29:09 So that it can be real clear as to when it's
10:29:13 Remember these are public rights-of-way.
10:29:15 Our utilities are in these areas.
10:29:18 And we just want to make sure they are not going to
10:29:20 create any kind of visibility issues that could be a
10:29:25 liability for us.
10:29:25 >>MARY ALVAREZ: I guess some of these issues that have
10:29:29 come up is because of the oak trees, and trees that
10:29:31 are in the right-of-way, and they are trying to
10:29:33 protect them from being corroded.
10:29:37 >>> Oh, I understand.
10:29:38 And especially in terms of the retaining wall, in
10:29:41 Seminole Heights, there's a clear example that I think
10:29:46 some of the improvements that have been made have been
10:29:48 really fixing existing conditions.
10:29:50 And those are the ones that we are trying to work
10:29:53 directly with public works so that we can make sure
10:29:55 that they are fine.
10:29:57 >>GWEN MILLER: Thank you.
10:29:59 Mr. Shelby?
10:30:01 >>MARTIN SHELBY: Yes, council, thank you very much.
10:30:03 Item number 8 is the final approval of the draft
10:30:05 application four council vacancy in district 2 and
10:30:11 district 5.
10:30:11 Per council's resolution this is part of the process.
10:30:14 Once council approves the application which you have
10:30:16 in front of you, which is the same, what I saw last
10:30:21 week with the exception of the change of the phone
10:30:23 number of the clerk's office, it also attaches
10:30:28 When council approves that, I will distribute that to
10:30:32 your aides to have that available to the clerk's
10:30:35 office, to have it available.
10:30:38 Desiree Valdez informs me that it should be on the
10:30:43 city's web site, once council approves it, hopefully
10:30:46 by the end of today, no later than tomorrow.
10:30:49 >>MARY ALVAREZ: Move to approve.
10:30:51 >> Second.
10:30:51 (Motion carried).
10:30:52 >>GWEN MILLER: At this point, does anyone in the
10:30:56 public like to ask for reconsideration?
10:31:05 We go to public comments.
10:31:07 Would anyone in the public like to speak to any item
10:31:09 on the agenda not set for public hearing?
10:31:10 >>STEVE MICHELINI: I'm here on behalf of a couple of
10:31:16 different property owners that happen to operate
10:31:20 And here speaking about item agenda number 10, the
10:31:25 agrees trap ordinance.
10:31:28 We are not opposed to the grease trap ordinance
10:31:30 per se.
10:31:31 There are some issues in here that I think need to be
10:31:32 addressed in the ordinance that you have being
10:31:35 presented to you this morning.
10:31:37 One of them is -- and I'm not sure that you realize
10:31:39 this -- but food service facilities are being defined
10:31:42 as food courts, food manufacturers, food packagers,
10:31:47 restaurants, grocery stores, bakeries, lounges, meat
10:31:50 markets, hospitals, hotels, nursing homes, churches,
10:31:55 schools, cafeterias, delicatessens and coffee shops.
10:31:59 They are all going to be classified as food service
10:32:02 facility providers.
10:32:05 There's two issues regarding --
10:32:07 >>MARY ALVAREZ: Steve, did you say number 10?
10:32:10 >> That's what my agenda says.
10:32:11 >>GWEN MILLER: Number 15.
10:32:14 >> Well, just going on final agenda.
10:32:16 Okay, 15.
10:32:19 Anyway, it allows the inspectors to go on the premises
10:32:22 for inspection purposes which is fine.
10:32:26 Under their provision of 26305 facility inspections,
10:32:31 there's a provision that says any other consistency or
10:32:34 with any violation of this article allows the
10:32:39 inspectors to go on and require something to be done
10:32:45 with the grease trap.
10:32:49 I think that's extremely broad, saying any other
10:32:52 inconsistencies with or violation of this article.
10:32:56 That can be construed, I think, at least checking with
10:32:59 my attorney friend, in a very broad manner.
10:33:02 The second part is under new facilities, which is B-1,
10:33:08 it says here, proposed -- or construction of existing
10:33:11 food services which are expanded or renovated.
10:33:15 So any renovation of a restaurant that doesn't include
10:33:19 a grease trap could also be required to have these
10:33:23 And any change of ownership.
10:33:26 That's under "F," under 2-F on the next page, it's a
10:33:31 sale of any of these properties is made to some other
10:33:35 owners, and they are subjected to the same provisions.
10:33:39 The third issue is that I requested -- and I think
10:33:44 they put this in here already -- alternative means of
10:33:47 compliance, which I applaud them for including that.
10:33:49 However, some of these people may not have the ability
10:33:52 to make those changes.
10:33:54 There ought to be a hardship provision where somebody
10:33:57 assist them with either a grease trap, or something,
10:34:02 that helps them comply.
10:34:03 And I'm particularly concerned about churches and
10:34:06 small schools.
10:34:07 But, anyway, there are a couple of provisions that I
10:34:11 think should be addressed and this ordinance should be
10:34:13 modified in that regard.
10:34:17 The third item that I talked to Ralph Metcalf about
10:34:20 was charges being assessed for violation.
10:34:24 And I'm not sure if this warrants a criminal
10:34:28 Potentially could you lose your civil rights.
10:34:31 Could you lose your voting rights and could you lose
10:34:33 the ability to obtain or carry a firearm but they
10:34:38 assured me that's already in there in the criminal
10:34:42 But just in summary, I think there are a couple of
10:34:44 issues that need to be addressed in this ordinance.
10:34:46 One of them is that this is extremely broad.
10:34:49 It covers purchase, schools.
10:34:52 It excludes private residences.
10:34:56 But it does include some other issues.
10:35:00 >>ROSE FERLITA: Just for the record, I have talked to
10:35:02 Mr. Michelini and I also talked with Mr. Metcalf and
10:35:06 explained some of the things that I didn't understand.
10:35:07 And I thought that I was pretty clear on everything in
10:35:10 terms of exemptions or hardship considerations for mom
10:35:13 and pops and small businesses.
10:35:15 Now I'm not sure.
10:35:16 And I don't know what the rest of my colleagues think.
10:35:18 But he don't know if it would be appropriate at some
10:35:20 point in our agenda that Mr. Metcalf come back up.
10:35:23 Ralph, if you wouldn't mind, and answer some of the
10:35:25 concerns that Steve brought up.
10:35:27 And I think you addressed them to me but now I'm kind
10:35:29 of a little confused and I don't want this to panic
10:35:32 some of the smaller businesses.
10:35:33 So what do you think?
10:35:35 >>MARY ALVAREZ: I think so, too.
10:35:37 Because I see where Mr. Michelini is talking about,
10:35:42 calling for grocery stores, bakeries, lounges, meat
10:35:44 markets, hospitals, hotels, nursing homes, churches.
10:35:48 How does a church have -- I don't know. Anyway, but I
10:35:57 think we do need a little more --
10:36:01 >>GWEN MILLER: Is Mr. Metcalf still here?
10:36:03 Mr. Metcalf, can you come up, please?
10:36:05 >>RALPH METCALF: Wastewater.
10:36:18 I brought some reinforcements here with me.
10:36:20 Unfortunately one of them is a lawyer.
10:36:25 Basically, there are words in there, because I asked a
10:36:30 lot of the same questions.
10:36:32 First speaking about criminal penalties and there are
10:36:36 a lot of "may's" in there.
10:36:41 It say the director may call for a reinspection on
10:36:45 change of usage.
10:36:46 As I said, from our point of view, what we are
10:36:48 interested in is don't put grease into our system.
10:36:52 And just because somebody, a restaurant comes up for
10:36:56 sale, and it's a restaurant that may by today's
10:37:03 standards the grease interceptor may be small, you can
10:37:08 pump it more instead of replacing or adding to that.
10:37:11 Now, if somebody buys that restaurant, there's no real
10:37:16 supposition that anything is going to change.
10:37:19 Nor do we do any more enforcement or anything else.
10:37:22 If the change is a change of use where there is a
10:37:27 facility that yourself ago was built with an almost
10:37:30 nonexistent, a little restaurant, where they are
10:37:33 really changing the usage, that really wouldn't say
10:37:36 immediately you must spend a lot of money putting in a
10:37:39 new grease trap.
10:37:40 But logically we would increase our inspections and go
10:37:44 check the little bitty grease trap more often because
10:37:47 it would have to be pumped a lot more often.
10:37:50 In terms of why are there churches, hospitals and
10:37:53 schools, well, I'll tell you, we had pastor DeBevoise
10:38:02 here, and there is a lot of grease there, too.
10:38:05 Any eating facility that has food service or that kind
10:38:08 of thing needs to be checked.
10:38:14 >>ROSE FERLITA: On that other thing, small restaurant
10:38:16 going to a big one, is there a threshold that triggers
10:38:20 coming to compliance at a different level?
10:38:23 >>RALPH METCALF: No.
10:38:24 Basically, an extreme example, if somebody had one
10:38:28 little -- the little bitty grease trap under the sink,
10:38:31 if somebody was going to -- a restaurant was going to
10:38:34 try to use that for an 800 seat restaurant, it would
10:38:37 clean that grease trap about every 15 minutes and that
10:38:40 simply wouldn't work.
10:38:41 Now, we are going to go inspect these places and if it
10:38:44 turns out that there is a pattern where they simply
10:38:46 the grease trap is overflowing every tame we get
10:38:49 there, after the second or third incident of this
10:38:52 where it is overflowing, it's been cleaned, and it's
10:38:55 overflowing again, immediately, we would have to do
10:38:59 something progressive about that and get with the
10:39:02 folks and see what their plan is.
10:39:05 To increase -- you either have to clean them
10:39:08 continuous grease cleaning is not practicable.
10:39:12 So in terms of that, what we are saying is we have
10:39:15 three inspectors.
10:39:16 We have 21 to 2300 of these places.
10:39:20 Clearly, it's like any other sort of inspection.
10:39:24 Our guys go through their areas, and inspect them,
10:39:29 they are going to find out where the problems are.
10:39:30 The one that is don't have problems are going to
10:39:32 inspect a little less. The one that is require more
10:39:36 reinspections are either happening because the grease
10:39:38 traps are not being cleaned often, basically, and they
10:39:42 would require more inspection.
10:39:43 >>ROSE FERLITA: Ralph, I know what motivated you to
10:39:49 bring this forward.
10:39:50 If we don't do it we are going to get fined.
10:39:52 But I don't want the listening public, particularly
10:39:54 the small business restaurant owners, to think that
10:39:57 now this is going to be a charge on them financially
10:40:00 if that they can't absorb.
10:40:03 I think that's why some of this needed to be aired and
10:40:05 talked about.
10:40:06 And when we say "may," then that's pretty subjective.
10:40:11 So what safeguard do they have against a "may"?
10:40:16 >>> Our intent is to do the inspections and they'll
10:40:18 either pass or won't pass.
10:40:19 And there will be a report that says your facility was
10:40:23 inspected, it was fine, or the trap needs cleaning, or
10:40:28 a repair needs to be made, and that will be a
10:40:31 And they will be reinspected.
10:40:34 If those changes will be made, everybody is fine.
10:40:36 If they are not made, and those things aren't done,
10:40:40 then there will be another reinspection.
10:40:42 Now, at some point in there -- and this is where you
10:40:45 don't get a ticket for going 51 miles an hour in a 50
10:40:49 mile-an-hour zone.
10:40:50 The real question, is that person making some kind of
10:40:53 an attempt to solve the problem?
10:40:56 The inspectors before we go to any kind of code
10:40:59 violation into that process, those will come to the
10:41:05 director, to a committee with me and my deputy
10:41:08 director and say, this is the history of this, what's
10:41:11 going on.
10:41:13 The person failed the first inspection, failed the
10:41:15 second inspection, appears not to be making a God
10:41:18 effort, or is making a real good effort but just can't
10:41:22 get anybody there to clean the trap, do it, that
10:41:25 contained of thing.
10:41:26 We are not going to take those forward.
10:41:28 We are looking for those people who are not working
10:41:30 with us to eliminate the grease.
10:41:33 Then you go to the code violation.
10:41:34 Code violation at that point becomes a legal process
10:41:37 of which it's almost a total mystery to me how that
10:41:41 works, and I know there's been all sorts of
10:41:43 frustration busy code violations for lots of things.
10:41:45 We are trying to work with folks, get them to do the
10:41:48 right thing.
10:41:50 We are not interested in -- we are not in the "build a
10:41:54 bigger grease trap business" so, if they can clean it
10:41:58 more and keep gross out of our system, that's fine.
10:42:00 >>ROSE FERLITA: In closing comments to you, Ralph, in
10:42:04 the eight years I have worked with you, your word has
10:42:06 been your word and I trust it.
10:42:08 I'm just concerned about the subjectivity and some of
10:42:10 that language.
10:42:10 And I'm hopeful that that's what it's going to be and
10:42:13 somebody is not going to get extreme in terms of the
10:42:15 small business owners.
10:42:16 And if they do, I guarantee that we will have some
10:42:19 sort of input or small businesses that are not going
10:42:23 to be happy.
10:42:25 >>> Yes.
10:42:26 We have to be reasonable about this.
10:42:27 By the same token, we are under the gun from other
10:42:30 folks, as you pointed out.
10:42:31 >>GWEN MILLER: Thank you, Mr. Metcalf.
10:42:33 >>MARY ALVAREZ: thank you, Mr. Metcalf.
10:42:36 >>GWEN MILLER: Next person want to speak?
10:42:38 >>MARY ALVAREZ: Next.
10:42:41 >>MOSES KNOTT, JR.: I reside at 2902 East Ellicott
10:42:50 And I thank God for his grace and his mercy.
10:42:54 And I can't talk fast enough to say way need to say.
10:42:58 Mr. White, I want to talk to you about that demolition
10:43:00 thing but I can't talk fast enough to tell you.
10:43:02 Let me tell you one thing.
10:43:06 It's a waste of money like I told you, the city is
10:43:09 getting sued all the time.
10:43:10 About that survey.
10:43:12 Let me tell you what happened.
10:43:14 I'm a demolition man, and all of my life, I don't know
10:43:18 nothing else.
10:43:19 I know how to do that.
10:43:24 But let me tell you what.
10:43:25 I run a demolition business in this town for many,
10:43:28 many years.
10:43:30 I renewed my license the other day.
10:43:32 And going to keep my license.
10:43:41 But this survey is no good.
10:43:45 Let me tell you what happens.
10:43:46 The city come up, mentioned awhile ago about decrease
10:43:51 the liability.
10:43:57 Years ago it was $5 that you for a small man.
10:44:00 Now went to $2 million.
10:44:02 Me, I couldn't bid the big jobs so I went to what they
10:44:06 call interior demolitions.
10:44:07 I worked in malls, gutting out malls.
10:44:11 I was good at it, one of the best in the country.
10:44:13 What I'm saying, though, when they went to $2 million
10:44:16 that got me.
10:44:17 When it went to $1 million I had insurance company.
10:44:21 I finished the job.
10:44:22 You can't make it.
10:44:23 But the big reason was that these big companies, like
10:44:28 demolition, come in, this city Tampa paid all the
10:44:33 money to Timmins for demolition.
10:44:35 And they still do.
10:44:37 So the little man cannot do it.
10:44:39 Including that EPA thing, and liability, put the
10:44:43 little man out of business.
10:44:44 And Mr. White, you always said that, man, I'm telling
10:44:54 you, though, I tell it like it is.
10:44:58 But, you know, you been here.
10:45:00 This is one right here you helped the poor man out and
10:45:04 I want to talk with you in private because the poor
10:45:06 people need to get some of this work.
10:45:08 Now if you all want a survey go over there to the
10:45:10 county where the county license at and pull all those
10:45:14 names and set them out.
10:45:17 Now nobody got out because they couldn't oh deal with
10:45:21 Now like with the grease trap.
10:45:23 The mom and pop places are out of business because
10:45:26 they can't deal with that.
10:45:27 For years and years.
10:45:28 But I am talking about those things here, it's no
10:45:34 That's like somebody tell you what the lottery is.
10:45:38 They can't tell you.
10:45:40 Only way you can go, start all over again.
10:45:45 Start all over again.
10:45:46 But like I said, Mr. White, you are a good man.
10:45:50 And going to help a lot of poor business out.
10:45:57 One time come here one time, give me a job of cleaning
10:46:00 up with the code enforcement.
10:46:03 Paid the man to come and take somebody else's stuff
10:46:09 from them.
10:46:10 I don't want no money with no blood on it.
10:46:12 But what I'm saying is this thing, it's no good.
10:46:17 Start over again.
10:46:18 That's the only way you can do it.
10:46:19 >>GWEN MILLER: Thank you.
10:46:25 Joe Robinson, president of, consulting engineers.
10:46:32 On item 8 right quick.
10:46:33 I got a public records request I want to give the
10:46:36 clerk on item number 8.
10:46:42 And I won't go into that.
10:46:47 I want to see the disparity study is finished.
10:46:50 I know Mr. White will be done.
10:46:52 This will be December, January.
10:46:54 So I would like a copy.
10:46:59 On item number 3, let's face it.
10:47:02 The good, the bad and the ugly.
10:47:04 The good.
10:47:06 We have McCary, Lee, parks, four great
10:47:14 They are getting here and finding out that the
10:47:16 administration, really the 419, some of those are
10:47:24 going to be counted twice, three and four times, and
10:47:27 basically this information was on a disk, it wasn't
10:47:33 done properly.
10:47:37 There you go.
10:47:38 David bonds, jack Roberts.
10:47:41 That's the good thing.
10:47:42 The bad.
10:47:50 70,000 in a tight budget year.
10:47:52 So we spend $70,000.
10:47:55 That's one of the reasons I am trying to get up there,
10:47:59 somebody elected in March to see that it goes through.
10:48:07 Very clear.
10:48:08 Election process, contracts going out now, the
10:48:13 discrimination is still going on, is going on every
10:48:15 day right now, contracts going out, I suggest that the
10:48:21 small business enterprise program be amended by the
10:48:24 mayor with executive order to include the county
10:48:27 certified small business enterprise.
10:48:30 Because we can't do it.
10:48:32 I heard too many excuses.
10:48:35 That's the good news.
10:48:38 Still not getting contracts today, tomorrow, get
10:48:44 studies done, and 2007 before this ever comes to
10:48:51 So the bottom line is, the mayor needs to issue an
10:48:55 executive order by which we can have an executive
10:48:59 order and let's get this thing over with.
10:49:01 Now, with the good, the bad and the ugly said, I met
10:49:08 with Mr. Darrell Smith and Lee Monday.
10:49:10 Got the Joe Robinson treatment.
10:49:13 Don't discriminate.
10:49:14 They got the full rap from 10 to 1:00 on Monday and I
10:49:18 appreciate that.
10:49:18 I want to say the staff is trying.
10:49:21 The mayor is willing.
10:49:23 The community is waiting.
10:49:26 So what I'm saying, having been the long-standing
10:49:29 expert in this complex matter, minority business, it's
10:49:37 not complex at all to me.
10:49:39 There is no complexity in this study to me.
10:49:41 It's real simple.
10:49:42 The bottom line is, do the right thing, give up all
10:49:48 the information when requested, and when public
10:49:50 records requests are made answer them and honor them,
10:49:53 and answer the questions.
10:49:56 If you're vague you are going to make me mad.
10:49:59 >>GWEN MILLER: Thank you.
10:50:04 >>> Dennis, Publix supermarket, here on item number 15
10:50:08 with the grease traps.
10:50:11 I commend your work on your management program.
10:50:17 I know how difficult it is.
10:50:18 I have been involved with Publix for the last three
10:50:21 years, and five states. However, I just want to let
10:50:27 everybody know that Publix does their part to be
10:50:31 environmentally conscious, energy self-partner and
10:50:35 will do everything we possibly can to be conscious
10:50:37 about that.
10:50:41 Publix, Mace included, we have adopted our own fat,
10:50:45 oil and grease best management practices, which we
10:50:47 have rolled out in all five states we operate in, 873
10:50:57 We know the value of keeping the grease out of the
10:51:01 sewer system.
10:51:03 One thing that wasn't said with some of the line
10:51:08 items, generally speaking it was a great program.
10:51:13 I have a question that was kind of vague to me.
10:51:18 Is there water return allowed for the pumping?
10:51:22 If Mr. Metcalf could answer that for me.
10:51:29 This is where I have a problem.
10:51:30 That's been an impact to me about 90% of cost per
10:51:36 >>ROSE FERLITA: I don't mean to interrupt you.
10:51:39 I apologize.
10:51:40 What was your concern?
10:51:41 >>> The gray water return.
10:51:43 When you see the six to eight inches off the bottom
10:51:47 and six to eight inches off the top and all that great
10:51:50 big area and the 75% of it.
10:51:53 That's gray water that circulates through the trap,
10:51:55 goes into the sewer system.
10:51:57 That gray water is -- those traps are designed every
10:52:01 seven to even the minutes, it's changed.
10:52:03 The water coming in.
10:52:05 It hold the grease.
10:52:09 We studied this program for three years and we have
10:52:12 come up with a process that we accepted to where the
10:52:16 gray water is returned, and it saves us that same
10:52:21 amount of money.
10:52:22 And there are some processes, I definitely wouldn't
10:52:27 recommend to anybody.
10:52:28 But gray water return isn't going if -- going to
10:52:34 impact everybody.
10:52:35 That means instead of taking 400 gallons out of one
10:52:38 trap I have to take 1250.
10:52:41 Trucks only hold 4,000 gallons so can no longer do ten
10:52:46 traps to a dump site which you cannot provide in the
10:52:48 City of Tampa.
10:52:51 And dispose of it.
10:52:55 Dump truck fees have risen.
10:52:57 Now we are going to be impacted taking three times as
10:52:59 much gallonage, traveling across town to another
10:53:04 county to dump it.
10:53:06 This is going to be a huge impact for people like us
10:53:08 that are big businesses.
10:53:14 We see the costs trippling to have everybody with the
10:53:18 grease intercepter.
10:53:20 And it's just one thing I have.
10:53:23 I understand that there are methods that nobody would
10:53:25 approve of.
10:53:26 I think this should be a variance for approved methods
10:53:29 of gray water return.
10:53:31 >>GWEN MILLER: Thank you.
10:53:41 >>> Tom Williams.
10:53:43 I'm with Pizza Hut.
10:53:44 Actually, my comment is a follow-up with Mr. Gray with
10:53:48 Publix, on grease trap pumping and management.
10:53:51 I have really three things.
10:53:53 I realize City Council members that you need to
10:53:56 consider a broad array of things in whether or not,
10:54:00 whether to a professor not adopt an ordinance.
10:54:02 So of course we always want to do the right thing.
10:54:06 But the second part is, you know, when businesses look
10:54:11 at investing in a city or a county, a state or
10:54:13 country, and they look at return on investment, and
10:54:18 anything that increases the cost to do business to the
10:54:21 locality, negatively impacts the return on investment,
10:54:25 and can create a disadvantage of investing in a
10:54:30 What I am asking is, this number 15, please, please,
10:54:34 please look closely and make sure we all understand
10:54:36 the cost impact on businesses and how it impacts the
10:54:41 Specifically, and it's a follow-up, Mr. Gray with
10:54:44 Publix and his comment, there is mentioned what's
10:54:47 known as the gray water return process.
10:54:49 And I won't get into the details.
10:54:50 It's just a method of cleaning out and pumping grease
10:54:55 My understanding is this ordinance will disallow, and
10:54:58 if that is the case, that will significantly increase
10:55:01 the cost of doing business, grease traps kinds of
10:55:07 That's the only comment I have.
10:55:08 Thank you.
10:55:08 >>GWEN MILLER: Thank you.
10:55:13 >> My name is David Lawrence with Sweetbay
10:55:16 And rather than put before you the last two gentlemen,
10:55:21 our concerns are the same.
10:55:23 We do everything possible to keep grease out of the
10:55:27 We follow all applicable ordinances and codes.
10:55:32 And do nothing but try to do the right thing.
10:55:38 Allowing -- or not allowing the gray water to be put
10:55:43 back when we do the same thing, would increase our
10:55:47 pumping costs by probably 90 to 100%.
10:55:51 And again it's an impact that we feel it was really
10:55:58 I work for a parent company of Sweetbay in North
10:56:02 Carolina, Virginia, for five years.
10:56:03 We used our process.
10:56:08 I never had an issue, never had a problem with
10:56:11 Everything was always approved and worked very well.
10:56:16 And I feel that we should at least look at the process
10:56:20 and consider allowing that to be done here as well.
10:56:23 >>MARY ALVAREZ: I didn't remember your name.
10:56:30 >>> David.
10:56:30 >> David, did you talk to Mr. Metcalf or anybody from
10:56:33 the department, to talk to them about the gray water?
10:56:39 >>> Not yet, no.
10:56:41 >> Well, you know, we are looking at an ordinance.
10:56:43 Were you contacted at all to have a meeting with them
10:56:45 or anything like that?
10:56:47 >>> I was informed that there was a procedure being
10:56:53 put together specifically for grease trap.
10:56:57 And this was one of the issues that came up as a
10:57:03 possibility that this might not be allowed.
10:57:09 If I'm correct, it's allowed -- or we are doing it in
10:57:14 St. Pete.
10:57:17 We are actually doing it all over the State of
10:57:22 >> So what happens?
10:57:24 Do you recycle the gray water?
10:57:26 Is that what happens?
10:57:27 You recycle and it goes into the tank?
10:57:29 >>> Well, what they do is they draw out the grease.
10:57:32 They draw out the solids. And they draw the gray
10:57:35 water out into a separate tank.
10:57:38 The grease trap is then completely cleaned, drawn off
10:57:41 into the bad grease, if you will, and then the gray
10:57:49 water, which is between the grease and the solid, are
10:57:52 pumped back into the track, thus reducing tremendously
10:57:55 the amount of grease that needs to be brought to the
10:57:59 recycling facility.
10:58:01 And again, according to the size of the trucks, if
10:58:06 they have to pump out a 1200-gallon tank, it can only
10:58:09 pump two, three times at a time, then they will have
10:58:13 to make a trip to the recycling facility.
10:58:17 >> So what you are saying is the gray water is being
10:58:19 pumped out at the same time as the grease is?
10:58:22 >>> Correct.
10:58:22 Into a separate tank.
10:58:24 >> Separate tank.
10:58:25 >>> Correct.
10:58:25 >> But if you're questioning that procedure, then
10:58:33 what's happening is that you want the gray water to
10:58:38 >>> We would like to be able to put the gray water
10:58:40 back in, correct.
10:58:41 >> But according to the ordinance, you can't.
10:58:45 >>> From what I understand, correct.
10:58:47 >> You want to recycle the gray water.
10:58:51 It's the same material that's allowed to go out to the
10:58:55 sewer system or out into the sanitary system.
10:59:03 As the process does its thing in the grease trap,
10:59:06 that's the one that's allowed to flow out into the
10:59:11 >> And then is there like a filter or something that
10:59:14 stops anything from coming out with the gray water?
10:59:19 >>> No, there's not a filter.
10:59:20 There's actually a baffle system.
10:59:23 >> Baffle?
10:59:24 >>> Yes.
10:59:24 It's a baffle in the center of the tank.
10:59:26 And it allows the grease to rise above the solids that
10:59:32 settle below.
10:59:32 And then in the middle it allows that gray water to
10:59:35 pass through into a second chamber.
10:59:37 And from that second chamber it's allowed --
10:59:41 >> To go to the sewer.
10:59:43 >>> From a certain point.
10:59:44 That's a little more of the engineering of the system.
10:59:46 I won't profess to be an engineer.
10:59:51 But if we do need to pump the entire tank dry, it
10:59:56 certainly will increase the cost to us of the pumping.
11:00:02 It will than crease the amount of material that's
11:00:07 brought to the recycle facilities.
11:00:09 >> What about the sediment that's in the bottom of the
11:00:12 >>> That is removed as well as the grease into a
11:00:15 separate facility.
11:00:18 Into a separate portion of the trap.
11:00:22 That is the portion that is recycled.
11:00:24 That's taken to the recycle facilities.
11:00:29 >> Thank you very much.
11:00:29 >>ROSE FERLITA: David, thank you for your comments, as
11:00:32 well as the rest of the gentlemen.
11:00:33 Sir, excuse me for interrupting.
11:00:35 I guess you are going to talk about the same issue?
11:00:37 And that's fine.
11:00:38 But let me make a comment as you are coming forward,
11:00:40 Mr. Metcalf, as I said, and I had a conversation, and
11:00:43 Ralph, I try not to give you surprises at the end.
11:00:48 I know that Mr. Michelini voiced some concerns as well
11:00:50 for businesses like this.
11:00:51 But I guess I was focused, and incorrectly.
11:00:54 I guess I was focused on the mom and pop places that
11:00:58 had some problems.
11:00:59 But now to try to represent ourselves, or to represent
11:01:04 ourselves as equal opportunity government, I think
11:01:07 that there's some of the concerns that big businesses
11:01:10 have that I wasn't thinking about.
11:01:12 And how silly I am to think this was going to be a
11:01:15 pretty easy deal, because we had a mandated directive
11:01:20 to do this or we get fined, and you were trying to do
11:01:23 this as easily as you could with some consideration to
11:01:25 the small businesses.
11:01:26 But I think rather than us go through and interrogate
11:01:31 them about the process, et cetera, et cetera, after
11:01:33 this gentleman speaks, I'm probably, of course, come
11:01:36 forward, too.
11:01:37 But I am going to make a suggestion that we table this
11:01:39 for a little bit and let's see what they can do that's
11:01:42 okay, what we are allowed to do without getting in
11:01:45 trouble, based on what the dictate is to the city, and
11:01:48 go from there.
11:01:49 Because I think there are too many concerns to be
11:01:53 involved solved over that podium.
11:01:54 And small business, big business is concerned, so I'm
11:01:56 >>MARY ALVAREZ: Ms. Ferlita, I think you're right on
11:02:00 But I think we ought to hear if there's any other
11:02:03 >>ROSE FERLITA: Oh, sure.
11:02:04 I'm just saying, the more people talk, the more I'm
11:02:07 not so sure that we can move forward.
11:02:09 So I'm sorry to have interrupted.
11:02:11 Please come forward.
11:02:16 >>> I own an engineering firm, design wastewater
11:02:19 engineers and also pump free, which is not done very
11:02:25 The methods they are talking about is JEA, Publix,
11:02:30 supermarkets, won 100% award.
11:02:35 JEA is the largest system in the United States.
11:02:41 Most of them are engineers.
11:02:46 They are very sharp.
11:02:47 And contact JEA.
11:02:50 JEA is 100% method of using a two-tank system, all to
11:02:58 make it simple, the water in a grease trap is designed
11:03:02 at a 75% water media.
11:03:05 That media is so the grease floats.
11:03:09 The solids settle to the bottom. The way our trucks
11:03:13 work, we have two tanks.
11:03:14 We pump there's usually four inches of solids in the
11:03:18 We pump that into the waste tank which is a
11:03:21 4,000-gallon tank.
11:03:22 The other tank hold 750 gallons, 800 gallons, which by
11:03:26 engineers design you are not supposed to keep 20, 25%
11:03:29 of solids top and bottom in a trap.
11:03:32 So we pump the water out next, then we completely pump
11:03:37 the trap out and pressure wash it.
11:03:39 And then we put the gray water that every seven to ten
11:03:44 minutes at peak flow, by engineering code now, this is
11:03:51 in the code, the grease trap into the city sewer
11:03:54 All we are doing is encapsulating that product and not
11:03:58 transporting that water which in six hours would have
11:04:00 went out.
11:04:01 Some guys say it increases B.O.D.
11:04:03 It does not because you are replacing the same water
11:04:05 that would have went out anyway, six hours later.
11:04:08 You know, under normal flows.
11:04:10 And when you talk about the mom and pop, used to own
11:04:17 You have 20, $30,000 worth of income, you know, in a
11:04:20 year, you work seven days a week.
11:04:23 I've seen areas especially in rural areas where they
11:04:27 change codes like this, $600, $700.
11:04:29 I've turned down pumping traps for 1,000 in Georgia
11:04:36 because it cost me more to go up there than to pump it
11:04:38 and I felt sorry for the guy but what can I do?
11:04:41 It cost me 1,000.
11:04:42 I told him I would do it for 1200, you know?
11:04:48 Four and a half miles per gallon.
11:04:50 This will also impact environment by doing two trucks
11:04:52 to every truck that's on the road, because if you can
11:04:56 only do three traps, or three stores, unless you are
11:05:01 talking about ones that are right around the dump
11:05:03 site, but you have got traps everywhere.
11:05:05 So all I'm saying is, if it's okay with -- St. Pete
11:05:09 did do studies on this and they said they would
11:05:12 provide them to the City of Tampa, to anybody.
11:05:16 JEA the same thing.
11:05:17 I talked with these guys.
11:05:18 They had an 80% reduction in sanitary sewer overflows.
11:05:23 Now why does it work over there?
11:05:26 And why do we want to restrict and environmental
11:05:29 environmentally correct way of doing things because
11:05:30 you have a few guys out there that don't want to spend
11:05:32 the money for the two-tank systems that cost a lot
11:05:35 more, or that don't want to pay their guys properly.
11:05:39 So all I'm asking is, that a variance be included.
11:05:43 My engineer will provide any information, design and
11:05:52 wastewater information, at no cost to the city on
11:05:57 All my time in a workshop, we were not notified of a
11:06:00 I didn't know anything about it.
11:06:01 So we are willing to do whatever it takes to show --
11:06:06 we'll bring trucks so council can see it and show the
11:06:09 process, how it works.
11:06:11 And there's another option.
11:06:12 You can add a filter like you were talking about.
11:06:14 They have grease -- filters.
11:06:16 If you say, well, we are not going to allow this.
11:06:21 Grease builders.
11:06:22 Because what you are asking is stopping the grease
11:06:24 from getting into the system.
11:06:26 So you are putting that in the system.
11:06:27 >>ROSE FERLITA: I want to thank you for your
11:06:33 I think it makes real, real good common sense.
11:06:36 I just want to tell you in fairness to Mr. Metcalf
11:06:38 based on what this is, he didn't have a requirement to
11:06:42 give any notice.
11:06:43 But I think this is great.
11:06:45 But we have heard from him, from you, from them.
11:06:47 Clearly again this substantiates what I said.
11:06:50 We need to do it more work and we need to dot as a
11:06:55 >>> Our time as a company, the restaurant association
11:06:57 has been notified.
11:06:58 They are going to be at the next one.
11:07:00 >>ROSE FERLITA: That's a very nice.
11:07:02 I have to tell you, I commend you.
11:07:04 That's a very nice environmental offer you from.
11:07:06 >>GWEN MILLER: Thank you.
11:07:08 Anyone else like to speak?
11:07:12 Anyone in the public want to speak?
11:07:15 All right, Mr. Metcalf.
11:07:20 >>> Good morning.
11:07:21 Angelo LIVA, owner of cafe Con Rret.
11:07:33 Failed to --
11:07:34 >>GWEN MILLER: We'll talk about that one later.
11:07:36 Okay, Mr. Metcalf.
11:07:41 >>> And you didn't think grease was fascinating.
11:07:43 [ Laughter ]
11:07:45 Basically, first off, everybody who is registered as
11:07:52 agrees hauler we provided written notice.
11:07:54 Some came, some didn't.
11:07:56 I have no idea.
11:07:58 However, and Brad, in talking to the various you Mu
11:08:09 nice pals about their experience, we have one person
11:08:11 in back, Rodney, who is a Hillsborough County grease
11:08:15 He has made 20,000, which is depressing to think.
11:08:19 And grease inspections.
11:08:21 And he has been agrees hauler.
11:08:22 And he has been an integral part of these meetings of
11:08:25 what we have done.
11:08:26 As part of this, there's a whole gamut of people who
11:08:30 will clean these grease intercepters, these septic
11:08:34 Some are really good.
11:08:36 And there's always somebody on the other end.
11:08:39 Largo, for instance, has, I am told by Rodney, a year
11:08:45 or so, yes, there is -- however, they have had zero
11:08:51 restaurant cards, grease blockages in that time.
11:08:56 So it's very effective.
11:08:58 Is it the most efficient way?
11:09:01 If you are going to paint with a broad brush, the
11:09:04 answer is yes.
11:09:05 What I propose -- and I want to get with all these
11:09:09 folks during the interim, the next week or so.
11:09:12 And, for instance, as you heard, a two-tank system is
11:09:16 a more complicated thing.
11:09:17 A guy who who shows up with a tank in the middle of
11:09:19 the night.
11:09:20 Much is done in the middle of the night because the
11:09:21 restaurant owners aren't there in the middle of the
11:09:25 Seeing what's in there becomes a problem.
11:09:27 And in your trucks.
11:09:28 There's all sorts of issues and we have heard from
11:09:30 various grease haulers and inspectors, all of the
11:09:33 horror stories.
11:09:34 If we can come up with something that says, for
11:09:36 instance, if there is a variation for a two'-tank or
11:09:41 more sophisticated system that gives us some assurance
11:09:43 we are not going to get grease put right back in, and
11:09:46 that has happened in cases, or else we wouldn't be
11:09:49 talking about this full pump out,.
11:09:54 At this point, the burden of proof, though, would be
11:09:57 for the grease haulers to work with us and ensure us
11:10:03 that this is not going to happen because we have three
11:10:05 inspectors and 2300 possible places.
11:10:07 We are not going to be there.
11:10:10 It's sort of like putting up a speed limit sign.
11:10:14 So if -- what I would suggest is that we get with
11:10:18 these folks and we will set up some meetings for the
11:10:20 next week and get this done and we do have plenty of
11:10:23 options in there, using other alternative disposal
11:10:28 methods or technology, words like that, that says, is
11:10:31 this -- if you are going to do the more complicated
11:10:34 correct one, if that one is okay, and this one is not.
11:10:37 So there is some flexibility there.
11:10:39 And that would be my suggestion.
11:10:43 >>SHAWN HARRISON: Where a couple people talked about
11:10:45 this gray water recirculation, and --
11:10:48 >>> That's exactly what we are talking about.
11:10:51 >>SHAWN HARRISON: If you talk to them and you say, all
11:10:53 right, that might be one of those alternatives that
11:10:55 you could do, it's your burden of proof to show us
11:10:59 this is going to work, but if you can meet that
11:11:01 burden, you know, you're satisfied.
11:11:05 >>RALPH METCALF: Exactly.
11:11:07 >>GWEN MILLER: Okay, Mr. Metcalf.
11:11:10 You are going to meet with them next week?
11:11:12 >>> Yes.
11:11:13 I will go out here and get a bunch of cards.
11:11:15 >>GWEN MILLER: We'll put this off.
11:11:17 >>MARTIN SHELBY: I believe if you pass it today for
11:11:18 first reading, it comes back in two weeks for first
11:11:23 reading, is that correct?
11:11:26 >>> I think our question will be answered fairly
11:11:29 >>ROSE FERLITA: I don't know about anybody else but I
11:11:32 would not be in favor of reading this today.
11:11:34 I would like to you meet with them, come back with
11:11:36 whatever revisions and changes, and language, and go
11:11:38 from there.
11:11:43 >>GWEN MILLER: How many weeks do you need, Mr.
11:11:49 >>> On vice of my -- advice of my lawyer --
11:11:56 >> Cathy Ginster, city attorney's office, department,
11:12:02 wastewater department.
11:12:03 I feel it's incumbent to advise you of your legal
11:12:08 guidelines under the consent order.
11:12:10 You must adopt and implement this ordinance on or
11:12:14 before December 31st.
11:12:16 It has to be adopted and implemented.
11:12:19 Issues raised today have been raised in all of our
11:12:25 The mandates that you adopt this ordinance to address
11:12:27 the untreated wastewater that has flooded homes, and
11:12:32 filtered into the bay.
11:12:35 You have been fined under the consent order.
11:12:37 And you have also stipulated to penalties of $10,000 a
11:12:42 day and criminal penalties.
11:12:45 In addition, there are penalties for $50,000 a day for
11:12:53 wastewater flooding as a result of grease clogged
11:13:03 Attempted to work with all the businesses and grease
11:13:08 There have been recommendations made.
11:13:10 The FCEA and ETC have approved the version that's
11:13:16 before you today.
11:13:17 I want to make sure you are aware of the guidelines,
11:13:19 and --
11:13:20 >>ROSE FERLITA: When don't want to be -- if 2 consent
11:13:24 order says December 31st is the deadline, clearly
11:13:27 if we get all the parties together again in the next
11:13:30 week or two, it should be fine.
11:13:33 I realize what we have.
11:13:34 And we are under the gun to do this.
11:13:35 And we want to do this from the standpoint of
11:13:38 But as you are saying that you have dialogue with
11:13:40 them, I'm seeing too many heads shaking no.
11:13:43 And I am not trying to dispute who is being accurate
11:13:47 and who is not.
11:13:48 But certainly if we pause for a minute and make sure
11:13:50 everybody is comfortable in what we do, I think that
11:13:52 is the purpose.
11:13:53 So, again, one week or two week delay is not going to
11:13:56 cause a problem.
11:13:56 Two weeks?
11:13:57 Two weeks.
11:13:59 >>MARY ALVAREZ: And from what I am hearing it's not
11:14:01 the grease haulers having the problem.
11:14:02 It's the supermarkets having the problems, not the
11:14:12 grease haulers.
11:14:14 >> To correspond to somebody else in the business.
11:14:17 >> But I would really like to talk to -- people that
11:14:22 are impacted.
11:14:24 >> That's fine, that's fine.
11:14:25 >> So what do you want, two weeks, three weeks?
11:14:28 >> We want two weeks but we will be about out of time
11:14:30 at that point.
11:14:32 >> will we get it passed by December?
11:14:39 >>MARY ALVAREZ: Can I ask a question?
11:14:41 If we go ahead and read this for first reading and
11:14:44 then we'll give you the two weeks that you need or so
11:14:48 on, then we can go ahead and maybe amend it and --
11:14:51 amend it in the two-week period?
11:14:54 Or it would have to come back to the first reading.
11:14:58 >>ROSE FERLITA: Because there may be too many changes,
11:15:00 that's why I am not going to --
11:15:03 >>> Just so we are clear, even though we may not have
11:15:05 spoken with these individuals appearing here today,
11:15:07 these issues have all been raised over the past year.
11:15:10 And they have been studied and there's a
11:15:12 recommendation to you that has been approved by the
11:15:15 FET and EPC as the consent or mandate.
11:15:20 These issues have been addressed by the department.
11:15:22 The recommendation is the ordinance that you are
11:15:25 receiving today.
11:15:28 >>ROSE FERLITA: I think if we continue -- I understand
11:15:31 But some kind of thing comes to the surface, it may
11:15:34 have been discussed for the last year.
11:15:35 >>MARY ALVAREZ: With the grease haulers.
11:15:37 >>ROSE FERLITA: With whoever.
11:15:41 That's right.
11:15:41 We understand what you are saying.
11:15:42 We understand what they are saying.
11:15:43 And I think two weeks is going to be very prudent and
11:15:46 diligent on our part.
11:15:53 >> And how we craft it after that and how we change.
11:15:56 >>ROSE FERLITA: To try to accommodate the needs of the
11:15:57 business owner at the same time to comply with the
11:15:59 consent order.
11:16:01 >> Yes.
11:16:02 Make every effort to address their concerns as much as
11:16:04 we can.
11:16:05 >>ROSE FERLITA: Okay.
11:16:06 >> Everybody won't be happy but we'll do the best we
11:16:08 >> MARTIN SHELBY: Just so the record is clear the
11:16:11 items that pertain to the ordinance are items 15, 16
11:16:15 and 17?
11:16:19 So if it's council's pleasure, then, it would require
11:16:22 a motion to continue three items for two weeks.
11:16:27 >> So moved.
11:16:28 >> Second.
11:16:37 >> It's the same thing.
11:16:38 >> We are going to take them all up at the same time.
11:16:42 >> We'll be able to come and say something additional
11:16:44 if you want to.
11:16:45 >> Did you want those back under unfinished business?
11:16:47 >>GWEN MILLER: Yes.
11:16:48 We have a motion and second to continue item 15, 16
11:16:50 and 17 for two weeks, all in favor say Aye.
11:16:56 (Motion carried)
11:16:59 >>GWEN MILLER: We now go to our ordinances for fir
11:17:10 first reading, would you read number 10, please?
11:17:13 >>SHAWN HARRISON: Do you want to go ahead and do 3 so
11:17:18 we can get the staff out of here?
11:17:20 >>KEVIN WHITE: Move the resolution, the walk-on.
11:17:24 >>GWEN MILLER: We have a motion and second to move the
11:17:29 Question on the motion?
11:17:32 >>MARY ALVAREZ: There's two resolutions.
11:17:39 >>DARRELL SMITH: If you are taking up the subject of
11:17:41 the walk-on.
11:17:43 Mr. Harrison brought up a very good point here as far
11:17:46 as the question regarding the total population of
11:17:51 businesses included in the study.
11:17:54 We have since determined that that is 1584, and 419
11:17:59 represents about 26% of the total population.
11:18:02 And it would appear to me that that is statistically
11:18:06 significant but I will still defer to Mason Tillman to
11:18:10 provide us inputs on that analysis.
11:18:12 And I would say that reference to my use of the word
11:18:16 amateur was not intended in any means to reflect
11:18:22 against any inquiries that I received from council
11:18:25 this morning.
11:18:26 It was simply to illustrate the complexity of this
11:18:29 study, and I fully acknowledge the responsibility and
11:18:32 the right for council members to inquire as to the
11:18:37 accuracy of the information that we have before you.
11:18:42 >>SHAWN HARRISON: Thank you.
11:18:43 I'm glad, Mr. Smith, you were able to answer that.
11:18:46 I think that that information -- that certainly leads
11:18:51 me to think that the final results of the study may
11:18:55 very well change now because we are talking about
11:18:58 almost a third that will have to be relooked at.
11:19:00 So with that information, I think that this is
11:19:03 $70,000, swallow hard and go for it, it's money well
11:19:07 We need to put this thing to bed one way or the other,
11:19:10 end of the year, and we'll move on from there.
11:19:13 I'll support it.
11:19:13 >>GWEN MILLER: We have a motion and second to pass the
11:19:16 (Motion carried)Alvarez
11:19:23 >> Cathy Xin Ginster: Including all of the changes
11:19:26 that I had mentioned earlier?
11:19:27 >>GWEN MILLER: Yes.
11:19:28 >>MARTIN SHELBY: I believe for the record, does that
11:19:31 motion include the two resolutions that were looked
11:19:36 >>THE CLERK: Includes both resolutions, the corrected
11:19:39 >>MARTIN SHELBY: You will need a corrected resolution
11:19:41 with the changes?
11:19:42 >> So moved.
11:19:45 >> So moved.
11:19:47 >>GWEN MILLER: Mr. White, would you read number 10?
11:19:52 Move an ordinance vacating, closing, discontinuing,
11:19:56 and abandoning a certain right-of-way all that
11:19:58 alleyway lying in meadow brook subdivision, said
11:20:02 alleyway situated south of Osborne Avenue West, north
11:20:06 of Curtis Street West, west of Florida Avenue, east of
11:20:10 Highland Avenue north, in meadow brook subdivision a
11:20:12 subdivision located in the City of Tampa, Hillsborough
11:20:13 County Florida the same being more fully described in
11:20:16 section 2 hereof providing an effective date.
11:20:19 (Motion carried).
11:20:19 >>GWEN MILLER: Ms. Alvarez, number 11, please.
11:20:21 >>MARY ALVAREZ: Move an ordinance vacating, closing,
11:20:29 discontinuing, and abandoning a certain right-of-way
11:20:33 all that alleyway south of east Columbus drive north
11:20:36 of east sparkman Avenue, east of north Central Avenue
11:20:40 and west of north grove street in the Campbell's
11:20:43 subdivision, a subdivision located in the City of
11:20:45 Tampa, Hillsborough County Florida providing an
11:20:47 effective date.
11:20:48 (Motion carried).
11:20:50 >>GWEN MILLER: Number 12.
11:20:51 >>SHAWN HARRISON: Move an ordinance amending City of
11:20:54 Tampa ordinance 6710-A section 13, providing authority
11:20:58 for a certain portion of Tacon street general between
11:21:05 fern and in street and Concordia street to a
11:21:08 temporarily closed on school days generally Monday
11:21:10 through Friday excluding holidays, the same being more
11:21:16 particularly described herein.
11:21:17 (Motion carried).
11:21:18 >>GWEN MILLER: Number 13.
11:21:23 >>KEVIN WHITE: Move an ordinance authorizing the
11:21:26 installation and maintenance of an encroach.
11:21:29 Proposed steps and planter by 17th Avenue Ybor
11:21:33 City LLC over a portion of the public right-of-way
11:21:36 near the intersection of north 17th street and
11:21:38 east 4th Avenue as more particularly described
11:21:41 herein subject to certain terms, covenants, conditions
11:21:44 and agreements as more particularly described herein
11:21:47 providing an effective date.
11:21:48 (Motion Carried).
11:21:49 >>GWEN MILLER: We now go to our committee reports.
11:21:52 Ms. Alvarez, parks and recreation.
11:21:54 >>MARY ALVAREZ: I move item 18 and 19 and I believe
11:22:02 Mrs. Ferlita was okay.
11:22:04 (Motion Carried).
11:22:04 >>GWEN MILLER: Mr. White.
11:22:05 All in favor say Aye.
11:22:06 Opposed, Nay.
11:22:07 (Motion carried).
11:22:08 Public works.
11:22:10 Rose Ferlita is not here.
11:22:12 >>KEVIN WHITE: Move items 20 through 25.
11:22:15 >> Second.
11:22:15 (Motion carried).
11:22:16 >>GWEN MILLER: Finance, Kevin White.
11:22:21 >>KEVIN WHITE: Move 26 through 30.
11:22:24 >> Second.
11:22:25 (Motion carried).
11:22:25 >>GWEN MILLER: Mr. Harrison, building and zoning.
11:22:29 >>SHAWN HARRISON: Move 31 through 37ment.
11:22:32 >> Second.
11:22:33 (Motion carried).
11:22:33 >>GWEN MILLER: Transportation, Mr. Harrison.
11:22:36 >>SHAWN HARRISON: Move items 38 through 40.
11:22:40 >> We have a motion and second.
11:22:41 (Motion carried).
11:22:41 >>GWEN MILLER: We go to items for second reading.
11:22:47 >>SHAWN HARRISON: I move the new business items, 41,
11:22:50 >> Second.
11:22:50 (Motion carried).
11:22:51 >>GWEN MILLER: Item number 43.
11:23:00 Anyone in the public that's going to speak on item 43,
11:23:03 would you please stand and raise your right hand?
11:23:12 43, 44, 45.
11:23:14 Anyone that's going to speak on 43, 44, 45.
11:23:21 >>: Move to open 43 through 45.
11:23:25 >> Second.
11:23:25 (Motion carried)
11:23:31 Always Alvarez move the following ordinance on second
11:23:33 reading, in the general vicinity of 110, 125, 128, 210
11:23:40 south 11th street, 209 and 223 south 12th
11:23:45 street and 114 and 120 south Meridian street in the
11:23:49 city of Tampa, Florida and more particularly described
11:23:50 in section 1 from zoning district classification CD-1,
11:23:55 and CD 3 Channel District and CD-3 Channel District
11:24:00 hotel multifamily residential, single-family attached
11:24:03 residential office, retail, restaurant, providing an
11:24:06 effective date.
11:24:07 >> Second.
11:24:07 >>MARTIN SHELBY: Was there a motion made to close the
11:24:10 public hearing on that particular number?
11:24:14 >>KEVIN WHITE: Move to close.
11:24:16 >>MARTIN SHELBY: Just so the record is clear, could
11:24:17 you please ask if anybody wishes to speak to that
11:24:20 >>GWEN MILLER: Is there anybody that wants to speak on
11:24:22 item 43.
11:24:23 >> Move to close.
11:24:24 >> Second.
11:24:25 (Motion Carried).
11:24:25 >>GWEN MILLER: We have a motion and second to adopt.
11:24:28 Roll call vote.
11:24:34 >>SHAWN HARRISON: Yes.
11:24:35 >>MARY ALVAREZ: Yes.
11:24:37 >>KEVIN WHITE: Yes.
11:24:38 >>GWEN MILLER: Yes.
11:24:38 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:24:41 and Dingfelder being absent.
11:24:42 >>GWEN MILLER: Does anyone in the public want to speak
11:24:44 on item 44?
11:24:46 >> Move to close.
11:24:47 >> Second.
11:24:47 (Motion carried).
11:24:47 >>SHAWN HARRISON: Move to adopt the following
11:24:52 ordinance upon second reading, an ordinance vacating,
11:24:54 closing, discontinuing, and abandoning certain
11:24:57 right-of-way vacating and rededicating of south
11:25:01 11th street realignment for that portion of ROW
11:25:05 that is approximately 300 feet north of Cumberland
11:25:08 Avenue to the intersection of Whiting Avenue in
11:25:13 interstate investment company's platinum 4 a
11:25:15 subdivision in the City of Tampa, Hillsborough County
11:25:18 Florida the same being more fully described in section
11:25:20 2 hereof providing an effective date.
11:25:23 >>GWEN MILLER: Voice roll call.
11:25:25 >>SHAWN HARRISON: Yes always Alvarez yes.
11:25:27 >>KEVIN WHITE: Yes.
11:25:29 >>GWEN MILLER: Yes.
11:25:30 >>THE CLERK: Motion carried with Dingfelder,
11:25:31 Saul-Sena, Ferlita being absent.
11:25:33 >>GWEN MILLER: Is there anyone in the public that
11:25:34 wants to speak on item 45?
11:25:37 >> Move to close.
11:25:38 >> Second.
11:25:38 (Motion carried).
11:25:39 >>KEVIN WHITE: Move the following ordinance on second
11:25:43 reading, an ordinance of the city of Tampa, Florida
11:25:46 amending the city of tap code chapter 15 parking,
11:25:50 article 2, regulations, permits, penalties, division
11:25:54 3, permits, permit regulations, amending section
11:25:57 15-27, types enumerated, amending section 15-103,
11:26:02 definitions, renumbering section 15-104, denial,
11:26:06 honoring and revocation of permits to section 15-105
11:26:11 enacting a new section, 15-104 to provide for
11:26:14 residential parking permit only areas, providing for
11:26:17 repeal of all ordinances in conflict, providing for
11:26:20 severability, providing an effective date.
11:26:21 >>GWEN MILLER: I have a motion and second.
11:26:23 Voice roll call.
11:26:25 >>SHAWN HARRISON: Yes.
11:26:26 >>MARY ALVAREZ: Yes.
11:26:28 >>KEVIN WHITE: Yes.
11:26:30 >>GWEN MILLER: Yes.
11:26:31 >>THE CLERK: Motion carried with Dingfelder,
11:26:32 Saul-Sena, Ferlita being absent.
11:26:35 >>GWEN MILLER: We need to open items 46 through 48.
11:26:47 Is there anyone in the public that wants to speak on
11:26:49 item 46.
11:26:50 >> Move to close.
11:26:51 >> Second.
11:26:51 (Motion carried)
11:26:54 Move the following ordinance on second reading, an
11:26:55 ordinance of the city of Tampa, Florida amending an
11:26:58 article of the code of ordinances of the City of
11:27:01 Tampa, chapter 26, utilities, adopting the April 2006
11:27:06 edition of the wastewater department's technical
11:27:09 manual, manual of standards for industrial and special
11:27:13 users, providing for repeal of all ordinances in
11:27:15 conflict, providing for severability, providing an
11:27:17 effective date.
11:27:19 >>GWEN MILLER: I have a motion and second.
11:27:21 Voice roll call.
11:27:22 >>SHAWN HARRISON: Yes.
11:27:23 >>MARY ALVAREZ: Yes.
11:27:25 >>KEVIN WHITE: Yes.
11:27:26 >>GWEN MILLER: Yes.
11:27:27 >>THE CLERK: Motion carried with Dingfelder,
11:27:30 Saul-Sena, Ferlita being absent.
11:27:33 >>SHAWN HARRISON: Is there anyone in the public that
11:27:35 wants to speak on item 47?
11:27:36 >> Move to close.
11:27:37 >> Second.
11:27:37 (Motion carried).
11:27:38 >>SHAWN HARRISON: Move to adopt the following
11:27:40 ordinance on second reading, an ordinance of the city
11:27:42 of Tampa, Florida pertaining to the amendments of
11:27:44 chapter 26, utilities, article 1, administrative
11:27:46 provisions, section 26-117, definitions of the
11:27:50 department and director providing for repeal of all
11:27:52 ordinances in conflict, providing for an effective
11:27:55 >>GWEN MILLER: Motion and second.
11:27:56 Voice roll call.
11:27:58 >>SHAWN HARRISON: Yes.
11:27:59 >>MARY ALVAREZ: Yes.
11:28:01 >>KEVIN WHITE: Yes.
11:28:01 >>GWEN MILLER: Yes.
11:28:02 >>THE CLERK: Motion carried with Dingfelder, Saul-Sena
11:28:04 and Ferlita being absent.
11:28:06 >>GWEN MILLER: Is there anyone in the public that
11:28:08 wants to speak on item 48?
11:28:10 >> Move to close.
11:28:10 >> Second.
11:28:11 (Motion carried).
11:28:11 >>KEVIN WHITE: Move the following ordinance on second
11:28:18 An ordinance of the city of Tampa, Florida pertaining
11:28:20 to amendments to chapter 26, utilities, article 1,
11:28:24 26-4, utility accounting division, section 26-31-G,
11:28:28 sanitary sewer fees and charges, section 26-31-H-10
11:28:34 capacity fees, article 3, sanitary sewers, section
11:28:37 26-116, title, section 26-117, definitions, section
11:28:42 26-122-C, authorization for industrial wastewater
11:28:46 discharge permit for an industrial or special user and
11:28:50 section 26-128 technical standards adopted, providing
11:28:54 for repeal of all ordinances in conflict, providing
11:28:56 for an effective date.
11:28:59 >>GWEN MILLER: Motion and second.
11:29:01 Voice roll call.
11:29:02 >>SHAWN HARRISON: Yes.
11:29:03 >>MARY ALVAREZ: Yes.
11:29:04 >>KEVIN WHITE: Yes.
11:29:06 >>ROSE FERLITA: Yes.
11:29:07 >>GWEN MILLER: Yes.
11:29:07 >>THE CLERK: Motion carried with Dingfelder and
11:29:10 Saul-Sena being absent.
11:29:10 >>GWEN MILLER: Is there anyone in the public that
11:29:12 wants to speak on items 49 through 52?
11:29:15 Would you please stand and raise your right hand?
11:29:17 >>THE CLERK: Do you solemnly swear or affirm to tell
11:29:23 the truth, the whole truth and nothing but the truth?
11:29:25 >>GWEN MILLER: We need to open item 49.
11:29:31 >> So moved.
11:29:32 >> Motion and second.
11:29:32 (Motion carried).
11:29:33 >>MARTIN SHELBY: Council, I'm sorry.
11:29:39 Ski that all written communications relative to
11:29:41 today's hearings which have been available for public
11:29:43 inspection at City Council's office be received and
11:29:46 filed at this time.
11:29:47 Is there anything, madam clerk?
11:29:54 Thank you.
11:29:55 Council, very briefly, if you had any ex parte
11:29:59 communications with regard to today's hearings, please
11:30:01 disclose them prior to the vote.
11:30:03 And lastly, ladies and gentlemen, for those of you who
11:30:05 will be testifying, when you state your name, pleas
11:30:07 state for the record that you have been sworn.
11:30:09 I have a little sign here to remind you.
11:30:11 Thank you.
11:30:13 >> James cock, Land Development Coordination.
11:30:15 I have been sworn.
11:30:15 Petitioner is requesting to vacate a portion of Aileen
11:30:27 They are asking to vacate approximately 50-foot by
11:30:30 100-foot of Aileen street.
11:30:45 Shot looking west from Albany Avenue.
11:30:47 Petitioner's property from this point to the west --
11:30:52 to the south, I'm sorry.
11:30:53 This is a shot of Aileen street lag east towards the
11:30:59 This is a shot of petitioner's property on the south
11:31:06 Another shot of petitioner's property.
11:31:09 Petitioner had one of these portable carports.
11:31:12 And she got cited.
11:31:13 This is to fill the new carport structure and needs
11:31:18 vacating setback.
11:31:22 This is property on the north side, city-owned
11:31:25 property, controlled by stormwater division.
11:31:28 And it's another shot of the property, a natural ditch
11:31:32 I can show you that in an aerial.
11:31:42 We have drainage easement there.
11:31:44 Stormwater does not have objection to this vacating.
11:31:46 Parks Department is requesting the trees be protected
11:31:49 by putting in the ordinance and staff has no
11:31:51 >>SHAWN HARRISON: That picture right there looks like
11:31:55 there are streets coming almost right up to the
11:31:59 portion that's being vacated.
11:32:02 >> This is Albany here.
11:32:03 >> From the east and west.
11:32:05 >> I can show you that shot.
11:32:08 This is Aileen street continuing east from Albany.
11:32:12 What we are asking to vacate from this point on, there
11:32:15 is no pavement on the west side of Albany.
11:32:21 Now, this side, Aileen street on the west side is
11:32:24 improved up until you get to this clump right hear.
11:32:28 That ditch runs right through the middle of it.
11:32:30 We are not affecting that ditch at all.
11:32:33 >>SHAWN HARRISON: Now going from that picture if you
11:32:36 go to the east, is that improved right there?
11:32:41 >> This is the shot right here.
11:32:44 >> So it's improved all the way up to the yellow
11:32:50 Coming from the west and going towards the yellow
11:32:52 border it's all improved, also?
11:32:53 Or it's not?
11:32:55 >> It's improved, but it stops.
11:33:13 This is the paving stops.
11:33:17 It's all ditch.
11:33:18 A waterway comes through there to the Hillsborough
11:33:21 Basically, transportation has no plans through there.
11:33:27 We have to put a bridge across that right-of-way,
11:33:29 across the ditch.
11:33:35 >>KEVIN WHITE: Just a quick question.
11:33:37 What we are trying to vacate and 60 by 100.
11:33:44 >> 0 by 100 feet.
11:33:46 >> The vacating portion.
11:33:47 >> We are leaving the rest of it open.
11:33:50 Everything from the line west.
11:33:52 >> I see that.
11:33:52 I am just -- you are saying that the petitioner
11:33:56 applied for vacating just so they can build a garage,
11:33:59 60 by 100 -- more than an entire city lot.
11:34:05 Or the size of more than a city lot to -- the trees
11:34:19 for stormwater use in the fought.
11:34:21 The reality is 30 by 100 feet deep.
11:34:29 >> Then the petitioner will be responsible for
11:34:33 >>> Yes, sir.
11:34:33 >>: And will put that on the tax rolls and take it
11:34:37 off --
11:34:38 >>> And we put a clause in the ordinance that he will
11:34:40 have to follow all chapter 13 regulation to protect
11:34:43 all those trees.
11:34:48 >>ROSE FERLITA: Mr. Cook, tell me a little bit about
11:34:51 how this serves a public purpose.
11:35:03 >>JAMES COOK: It's an unimproved piece of
11:35:06 We are never going to build a road there.
11:35:08 We own the lots to the north side.
11:35:10 We are responsible for maintaining that.
11:35:12 As are the Garcias on the south side.
11:35:15 It's your typical unimproved right-of-way through the
11:35:19 People feel they are paying to maintain it why not own
11:35:23 >> No natural filtration issue that you have got there
11:35:26 that you are representing to us?
11:35:27 >>JAMES COOK: No.
11:35:27 We have no plans of developing a road through there.
11:35:31 We are not prohibited from going across that ditch.
11:35:34 >> In terms of filtration and the tree issues and
11:35:36 >>> All protected
11:35:41 He basically needs the right-of-way for setback.
11:35:44 He can build the carport on his own property.
11:35:47 He only plans to go on the vacated portion like about
11:35:50 four feet.
11:35:51 >> But if there is going to be a continued existing
11:35:53 easement, why is it he is not asking for that little
11:35:56 piece that he needs for his carport as opposed to us
11:36:01 vacating that to him with that easement continuing?
11:36:04 I don't understand why.
11:36:07 >>> The other option was only to vacate -- if council
11:36:10 desires to do that.
11:36:13 We benefit from the rest of it.
11:36:15 We pick up the other half.
11:36:18 >>: I'm just concerned if we start this, with
11:36:22 everything that's going on in West Tampa, that's a big
11:36:25 chunk, just the reason for putting in a carport.
11:36:28 I don't know, Jimmy.
11:36:29 We'll see what happens here.
11:36:33 >>SHAWN HARRISON: It seems a little bit hard for me to
11:36:36 understand how transportation can say no how, no way,
11:36:39 we are never going to connect that, when if you look a
11:36:42 it, it's improved all the way up to it on either side.
11:36:45 And who knows what's going to happen in West Tampa?
11:36:49 This block right here may become the greatest piece of
11:36:51 redevelopment potential ever, and we will have lost
11:36:54 the opportunity to somehow some day maybe push that
11:36:57 road through.
11:36:59 And typically, I'm fairly lenient on these things.
11:37:03 But this one does seem like if there's an opportunity
11:37:05 to save this potential roadway --
11:37:09 >>> We can always add another easement to reserve a
11:37:11 transportation easement overall.
11:37:14 Since he's saying he only needs four feet of it, the
11:37:16 rest is for setback, we reserve transportation
11:37:19 easement over the whole thing, we get it back anyway.
11:37:24 Best of both world.
11:37:27 >>GWEN MILLER: Petitioner?
11:37:28 Is petitioner hear?
11:37:38 Put your name on the record for me.
11:37:40 >>> Ma'am?
11:37:42 >> Owe name.
11:37:43 >>> Robert Garcia.
11:37:44 >> Address?
11:37:46 >>> 3016 north Albany Avenue.
11:37:47 >>GWEN MILLER: Do you want to say anything about why
11:37:50 you want to vacate?
11:37:52 >>> Well, yeah, I was cited, I had a carport there,
11:37:58 and which I didn't know was illegal.
11:38:02 And we got cited for that.
11:38:03 We had to take it down.
11:38:05 And want to try to build a double carport, a double
11:38:10 garage adjacent to the house.
11:38:11 And don't have enough property to build there.
11:38:19 Lake I said, this street, I know it's never going to
11:38:22 be built there.
11:38:25 I have been maintaining, you know, that half of the
11:38:27 property, half of the street, you know, for the last
11:38:30 12 years.
11:38:33 I had an agreement with stormwater at the time, when I
11:38:35 moved in nobody was doing any maintenance on the lot
11:38:38 north of this.
11:38:42 Or the street.
11:38:43 And like I said, what I am going to be doing, going to
11:38:49 effect no way anything there.
11:38:55 There's some grand oaks on the other half.
11:38:56 The right-of-way is 64 feet wide.
11:38:59 If we split it in half on the other 30 feet adjacent
11:39:02 to stormwater, there's three or four grand oak trees.
11:39:08 On the portion to my side, there are no trees.
11:39:12 There's only one fruit tree in there.
11:39:15 So, anyway, I would like to, you know, be able to do
11:39:20 that, so, you know, my property -- it's a lot more
11:39:26 accessible for me to put on there what I need to have.
11:39:29 >>GWEN MILLER: Is there anyone in the public that
11:39:32 wants to speak on item 49?
11:39:33 Anyone want to speak on item 49?
11:39:39 >> Move to close.
11:39:40 >> Second.
11:39:40 >>SHAWN HARRISON: I like the idea of retaining the
11:39:42 right-of-way, retaining the easement, transportation
11:39:45 So you are going to have to revise the ordinance?
11:39:51 I move that we continue this for a week, come back
11:39:53 with an ordinance for reserving the transportation
11:39:55 >>MARTIN SHELBY: If I can just inquire.
11:39:59 Sir, do you agree -- sir?
11:40:01 Mr. Garcia, do you understand?
11:40:03 Do you agree to that then?
11:40:06 >>> Yeah.
11:40:06 >>GWEN MILLER: We have a motion and second to continue
11:40:08 item 49 for one week.
11:40:09 All in favor of the motion say Aye.
11:40:11 Opposed, Nay.
11:40:12 (Motion carried).
11:40:14 >>ROSE FERLITA: Sir, that's going to be fine.
11:40:16 Mr. Garcia?
11:40:18 Mr. Garcia?
11:40:19 We have to change that T way that reads.
11:40:21 >>> Yes.
11:40:21 That's fine.
11:40:22 >>ROSE FERLITA: Okay.
11:40:26 Will I be notified of what time?
11:40:29 >>ROSE FERLITA: Talk to Mr. Cook, he'll probably let
11:40:31 you know that.
11:40:33 >>MARTIN SHELBY: The motion is to direct legal to come
11:40:35 >>GWEN MILLER: One week for the ordinance.
11:40:38 All right.
11:40:39 Number 50.
11:40:51 >>SHAWN HARRISON: Madam Chair, if I could ask a
11:40:53 procedural question.
11:40:59 Here's my procedural question.
11:41:00 We have on 50, I don't know how many there are, lots
11:41:03 and lots.
11:41:03 And it says on the agenda, public hearing on list of
11:41:07 businesses that failed to file these reports.
11:41:10 But what do we do?
11:41:12 It doesn't say that we are going to do anything about
11:41:14 So are we just accepting this?
11:41:23 >>CATHERINE COYLE: That's what I am going to do now is
11:41:25 go through what I just handed you, actually.
11:41:31 >>THE CLERK: Need to open the public hearing.
11:41:33 >> So moved.
11:41:34 >>MARY ALVAREZ: We did.
11:41:35 >>GWEN MILLER: 49 through 50.
11:41:41 Open it again.
11:41:42 >> So moved.
11:41:43 >> Second.
11:41:43 (Motion carried).
11:41:44 >>CATHERINE COYLE: Land development.
11:41:47 Way handed to you this morning in the yellow
11:41:49 highlighting 50s oops this memo outlines the 31
11:41:53 total businesses establishments that are wet zoned
11:41:56 that were noncomplaint, through yesterday essentially.
11:42:01 The ones that are highlighted in yellow are the ones
11:42:03 remaining that have not filed or paid their fee.
11:42:07 There are eight remaining.
11:42:08 I want to say very clearly for the record, the people
11:42:11 in the audience, land development is asking council to
11:42:13 make a motion to remove the ones that are not
11:42:17 highlighted in yellow, the ones that have been
11:42:24 BRASILIA grill, obsession, Carlos sandwich shop,
11:42:30 fatso's, Lincoln Spanish restaurant, Sarione, dynasty
11:42:37 chain niece, Corea won, preserve, bamboo club, Cephas
11:42:50 hot shop, the la Casona restaurant, circles, CELLINI,
11:42:59 POLO, Guadalajara, Marriott court yard, asking those
11:43:05 to be removed from the agenda because they have
11:43:07 complied by filing and paying their late fee.
11:43:11 >>ROSE FERLITA: I'm certainly supportive of that but I
11:43:14 think part of your recommendation stems from the fact
11:43:16 that they are not perpetual violators either.
11:43:18 I mean, that would have been noted too if you have
11:43:20 some of these people that paid it but they do this all
11:43:23 the time and it's kind of like the resolving door
11:43:26 I think that's taken into consideration, is it not?
11:43:31 >>CATHERINE COYLE: We are also dealing with the code
11:43:33 change that recently went through.
11:43:35 This cycle that you are seeing before you fell under
11:43:37 the old regulation.
11:43:38 The code provisions changed approximately a month and
11:43:41 a half, two months ago.
11:43:42 The future of reporting to you fall under the new code
11:43:45 What we are doing now is basically trying to wipe the
11:43:48 slate clean from the old code, the new code, giving
11:43:50 the benefits of those, paid and reported as of
11:43:54 yesterday, letting them go and starting fresh as a new
11:43:58 regulation with the next reporting requirement.
11:44:00 >>ROSE FERLITA: I'm okay with that, Cathy.
11:44:04 >> So moved.
11:44:05 >>MARTIN SHELBY: If we can, do you have a copy of that
11:44:07 memo for the clerk for her file?
11:44:12 >>> Yes.
11:44:12 >>CHAIRMAN: We have a motion.
11:44:14 Did we get a second?
11:44:15 >>MARY ALVAREZ: Second.
11:44:15 (Motion carried).
11:44:16 >>CATHERINE COYLE: If we could make that clear to the
11:44:20 The ones that I just read are now removed and do not
11:44:23 need --
11:44:23 >>GWEN MILLER: You do not need to sit.
11:44:25 If she read your name you can leave.
11:44:27 You're okay.
11:44:33 >>CATHERINE COYLE: The 8 remaining -- actually there's
11:45:42 one additional.
11:45:42 I apologize.
11:45:48 Letter "O."
11:45:50 They paid as of today.
11:45:53 >>SHAWN HARRISON: So moved.
11:45:57 >>KEVIN WHITE: So moved.
11:45:58 >>MARY ALVAREZ: Second.
11:45:59 >>SHAWN HARRISON: Motion carries.
11:46:02 >>CATHERINE COYLE: The remaining ones, Armenia, on Boy
11:46:07 Scout, Sacana, on Gandy, club on Martin Luther King,
11:46:14 Westshore Boulevard, six tables at Henderson, and
11:46:18 Argentinian, not filing reports or not paying their
11:46:24 The current provision in place today allows you a
11:46:28 couple different options.
11:46:29 One would be to suspend the license up to 30 days.
11:46:34 Rebecca Kert, assistant city attorney, can go through
11:46:36 the steps.
11:46:39 That you would need to take to consider in suspending
11:46:42 those licenses.
11:46:43 We do have an alternative suggestion to you, to
11:46:46 essentially continue this one week, essentially
11:46:49 advising people to come in and pay their fees and to
11:46:52 report, and then clearing them next week, and staff
11:46:57 can appear next week to let you know which one versus
11:46:59 paid and which ones have filed.
11:47:01 That is a second option for to you do.
11:47:03 I can state clearly for the record how much each
11:47:05 person owes as far as their fee.
11:47:07 Mambos is a $100 fee.
11:47:12 On Boy Scout is 400.
11:47:16 Rose is 200.
11:47:18 T Rhythm and Blues Club is 100.
11:47:23 Six tables is 200.
11:47:26 If they pay those fees and file the reports
11:47:29 accordingly within the next week, we could come back
11:47:32 and report as well.
11:47:33 Otherwise, you have the option to go for up to 30 days
11:47:38 to suspend the license.
11:47:39 >>SHAWN HARRISON: Yes, Ms. Ferlita.
11:47:42 >>ROSE FERLITA: I think given that we are going
11:47:43 through all the revisions in terms of language and our
11:47:45 code, and I would support your option 2, Cathy.
11:47:53 Give them a week.
11:47:56 They they'll have that warning, they will get it done
11:47:57 and it will be simpler for them and not go through the
11:48:00 suspension process and we'll move forward and kind of
11:48:02 clean it up.
11:48:03 That's a motion.
11:48:05 >>SHAWN HARRISON: We have a motion and second.
11:48:08 Any discussion?
11:48:10 >>CATHERINE COYLE: If you would like to hear from them
11:48:12 whether or not.
11:48:15 >>SHAWN HARRISON: Does anybody want to get fined
11:48:18 Okay, that's what I thought.
11:48:20 >>CATHERINE COYLE: I want to make --
11:48:25 >> Does everybody understand what we just did?
11:48:29 One week.
11:48:29 They pay the fee.
11:48:30 And then we'll revisit it again in a week.
11:48:33 >> It will not be myself reporting.
11:48:34 Someone from my office will.
11:48:36 I'll be on vacation.
11:48:37 >>ROSE FERLITA: You look like you have some question.
11:48:41 >>SHAWN HARRISON: All right.
11:48:42 There is a pending motion and second on the table.
11:48:44 So if you want to talk, speak to the continuance,
11:48:47 which everybody that's on this list right now is
11:48:49 getting an extra week to pay, to come in and pay.
11:48:53 >>> I understand that.
11:48:54 My problem is, we weren't open during that reporting
11:49:01 And I talked at her office about it and the only
11:49:06 reason I came up is obviously I got the letter as
11:49:08 I just want to know --
11:49:11 >>MARY ALVAREZ: Which one are you?
11:49:15 >>> Sakana.
11:49:17 >>SHAWN HARRISON: Get with Cathy and she'll give you
11:49:20 Does anybody else want to speak on the continuance?
11:49:24 10 a.m. next week.
11:49:26 All in favor of the motion signify by saying Aye.
11:49:28 Motion carries.
11:49:29 Thank you all for coming.
11:49:41 >>MARY ALVAREZ: What about the business hose filed
11:49:47 zero alcohol sales?
11:49:49 >>CATHERINE COYLE: Marianne's cafe has resumed so they
11:49:54 can be removed and Cafe Con Trey has been dry, so they
11:49:59 have not sold within six or nine months.
11:50:06 >>MARY ALVAREZ: Did you want to say something about
11:50:10 >>> Good morning again.
11:50:12 My format has changed a little bit.
11:50:14 Breakfast and lunch.
11:50:15 But I do have events in the evening which I sell beer
11:50:20 and wine only.
11:50:23 I didn't understand that if you don't sell beer and
11:50:25 wine they are going to take their license.
11:50:27 I thought this license in 1992, I have been there
11:50:33 I filed zero sales of alcohol.
11:50:38 I was late.
11:50:39 I paid the fine.
11:50:41 And they showed up yesterday and told me I'm dry.
11:50:46 I don't know if that's fair or how that can be done.
11:50:51 But that's why I'm here.
11:50:52 >>MARY ALVAREZ: Okay.
11:50:53 >>REBECCA KERT: Legal department.
11:50:58 What had happened is when he filed his reporting, he
11:51:01 filed with zero alcohol sales.
11:51:03 At that point, what staff did is they followed the
11:51:06 procedure in the code, which is 90, which involves
11:51:11 sending mailing to the property owner, in addition to
11:51:15 placing the property.
11:51:16 They need to know they need to come in within 30 days
11:51:19 and demonstrate they have resumed sales of alcohol.
11:51:21 If they do that, or if they come in and request a
11:51:23 continuance, they can get an administrative
11:51:25 continuance for 120 days.
11:51:28 However, in this case, no contact was made within that
11:51:30 30 days so it's automatically dried up.
11:51:32 He didn't take advantage of any of opportunities that
11:51:34 were provided to him within the 30 days.
11:51:36 And I did review the file in this case, which is how I
11:51:40 determined it was already dried up.
11:51:43 Even giving the benefit of the doubt of the very
11:51:44 latest notice that was sent out, it was still 30 days.
11:51:48 >>MARY ALVAREZ: So what can he do to get back?
11:51:50 >>> He needs to come back and reapply for a new wet
11:51:57 67 talk to staff.
11:51:59 Thank you.
11:52:04 >>CATHERINE COYLE: A motion to remove Marian's cafe
11:52:10 and cafe con TREY.
11:52:13 >>GWEN MILLER: Motion and second.
11:52:14 (Motion carried)
11:52:15 >>CHAIRMAN: We are ready to open item number 51.
11:52:28 And a second.
11:52:30 Motion and second.
11:52:30 (Motion carried).
11:52:31 >>ROLANDO SANTIAGO: Legal department.
11:52:38 Item 51 is a public hearing on a petition for special
11:52:42 assessment in the amount of $157.92 per year for the
11:52:47 cost of operating streetlights utilizing the uniform
11:52:50 ad valorem method for collecting non-ad valorem
11:52:55 This is the first step in the streetlighting
11:52:57 assessment, non-ad valorem process.
11:52:59 This is the hearing in which the City Council will
11:53:02 adopt the methods or methodology for imposing those
11:53:06 assessments next year, 2007.
11:53:08 This is a proposed assessment on an area within the
11:53:12 Gulf view park subdivision.
11:53:16 I am going to place on the Elmo here for a moment the
11:53:26 >>MARY ALVAREZ: Can you make it darker?
11:53:32 That's better.
11:53:41 >> To show you the boundary of the proposed new
11:53:49 The next two graphics I am going to show you, this one
11:53:52 represents where the street lights are going to be
11:53:54 placed, in the general area of illumination within the
11:54:01 proposed district.
11:54:04 This shows the lots that are going to be assessed
11:54:15 within that district.
11:54:19 These are all part of your package.
11:54:28 The members of the Gulf view park homeowners
11:54:32 association submitted a petition.
11:54:33 They are here to support it, if you have any questions
11:54:35 for them.
11:54:40 My only caution to council is if you move to adopt
11:54:43 this process of the non-ad valorem assessment you have
11:54:45 to read the resolution similar to the way we do an
11:54:49 ordinance, while the public hearing is still open.
11:54:51 So before you conclude it, please read the title of
11:54:53 the resolution.
11:54:54 What will happen after this is we'll do all the
11:54:56 administrative dealings, the tax collector, for them
11:55:02 to notify us and levy those assessments next year.
11:55:05 That is all.
11:55:06 Thank you.
11:55:06 >>GWEN MILLER: Is there anyone in the public that
11:55:07 wants to speak on item 51?
11:55:14 Do not have a resolution, Mr. Santiago.
11:55:25 >>> I happen to have extra copies.
11:55:38 >>> My name is missy steadman here representing Gulf
11:55:41 view civic association.
11:55:42 I have been sworn in.
11:55:44 We have been working on this for so long.
11:55:46 And thank you so much.
11:55:47 They have just done a fabulous job.
11:55:52 It's been marvelous.
11:55:54 Out of the 97 households that this will affect, 81
11:55:57 people have signed the petition.
11:55:59 In favor.
11:56:00 So thank you for your consideration.
11:56:03 >>GWEN MILLER: Thank you.
11:56:04 We need to move the resolution.
11:56:05 >>> A resolution of the City Council of the City of
11:56:07 Tampa stating the intent of the uniform method of
11:56:10 levying and collecting non-ad valorem assessment by
11:56:13 the City of Tampa for installing, maintaining street
11:56:17 lights in Gulf view park subdivision, the proposed
11:56:19 streetlights district being bound by south Hames
11:56:22 Avenue on the north, West Swann Avenue on the east,
11:56:25 south Lincoln Avenue on the south and Jean circle on
11:56:28 the west, a subdivision in the City of Tampa,
11:56:30 Hillsborough County Florida the same being more
11:56:32 fully -- particularly described herein providing an
11:56:35 effective date.
11:56:35 >>GWEN MILLER: I have a motion and second.
11:56:37 (Motion carried).
11:56:38 Need to close the public hearing.
11:56:40 >> So moved.
11:56:40 >> Second.
11:56:41 (Motion carried).
11:56:41 >>GWEN MILLER: Mr. Shelby?
11:56:45 >>MARTIN SHELBY: Now is as good a time as any to bring
11:56:48 to your attention the fact you are approaching the
11:56:49 noon hour.
11:56:50 You are just a couple minutes away.
11:56:52 If you wish to council would -- continue would require
11:56:55 a unanimous vote.
11:56:59 >>ROSE FERLITA: Somebody.
11:56:59 >>KEVIN WHITE: I was about to say, Madam Chair, the
11:57:02 next two seem to be -- they could go relatively
11:57:08 quickly, I could support going on through.
11:57:10 I was trying to look down at the workshop.
11:57:14 I think we might be able to hopefully forward that on
11:57:18 since most of our council is gone.
11:57:20 But how long do we expect this appeal hearing to take,
11:57:22 number 55?
11:57:23 >>REBECCA KERT: I think it will longer be five
11:57:34 >>GWEN MILLER: It would be 10, 15 minutes?
11:57:37 >>REBECCA KERT: They have an expert as well.
11:57:39 And I'm not sure how long they are planning to take.
11:57:42 >>MARTIN SHELBY: I should also point out that the
11:57:44 court reporter is here to transcribe it.
11:57:47 So I suspect it may --
11:57:50 >>KEVIN WHITE: If that appeal hearing is scheduled, or
11:57:53 not even scheduled, if you think it's going to take
11:57:55 more than 15 minutes, I'm going to lunch.
11:58:00 If it's not --
11:58:05 >>GWEN MILLER: Can we do everything -- if it's going
11:58:13 to be longer than about 15?
11:58:16 >>KEVIN WHITE: I'll stay till we get to 55.
11:58:21 >>ROSE FERLITA: I think Mr. White's suggestion about
11:58:23 the workshop, because Ms. Saul-Sena and Mr. Dingfelder
11:58:27 wanted to weigh in on that, and I don't want to hold
11:58:30 this up and then later decide we are going to cancel.
11:58:34 If that is the wish of this council, then let's make a
11:58:37 motion to continue this, depending on what Sandy tells
11:58:42 us the calendar looks like.
11:58:49 >>MARY ALVAREZ: That way they can leave.
11:58:52 >>ROSE FERLITA: Do you understand what I'm saying?
11:58:55 I don't want everybody to come back after lunch and
11:58:57 say, oh, we are going to continue it.
11:58:59 >>KEVIN WHITE: I'll stay till the appeal hearing,
11:59:05 through 54.
11:59:06 (Motion carried).
11:59:07 >>ROSE FERLITA: Move to continue item 56.
11:59:10 >>: Four or five weeks?
11:59:14 >> I'm not familiar whether there's a pressing time --
11:59:20 >>RANDY GOERS: Community planning division.
11:59:21 There is no time constraint.
11:59:23 And within the next 30 days would be good.
11:59:33 >>THE CLERK: Next week?rose
11:59:37 >>GWEN MILLER: No.
11:59:43 >>MARY ALVAREZ: Or March.
11:59:44 [ Laughter ]
11:59:46 Or April.
11:59:50 >>THE CLERK: December 7th you have one public
11:59:52 hearing set for 10:00.
11:59:55 >> Perfect.
11:59:59 >>KEVIN WHITE: So moved.
12:00:00 >> We have a motion.
12:00:01 >>MARY ALVAREZ: Second.
12:00:07 (Motion carried)
12:00:09 Now let's go back to item 52.
12:00:12 A continued public hearing.
12:00:35 >>GWEN MILLER: If you are going to speak on item 52,
12:00:37 53, or 54, would you please stand and raise your right
12:00:40 (Oath administered by Clerk)
12:00:55 >> Barbara LePore, Wet zoning.
12:01:13 There was an apartment complex which wasn't shown on
12:01:15 the report.
12:01:16 When they did the survey, when they had revised the
12:01:19 survey, the survey actually shows that residential
12:01:28 location, the apartment complex, 540 feet distance.
12:01:46 So all the evidence which was sent in is correct.
12:01:53 And just briefly, looking for 2(COP-R), beer and wine,
12:02:00 in connection with a restaurant.
12:02:02 This is a restaurant of 900 square feet.
12:02:05 And it will be an incidental use.
12:02:09 And as you can see, wet zoned establishments and
12:02:15 actually one residential location.
12:02:19 Land development has no objection to the request.
12:02:21 >>GWEN MILLER: Petitioner?
12:02:25 Officer, do you need to speak on that first?
12:02:27 Do you want to speak again?
12:02:30 >> Officer: We have no objection.
12:02:33 City of Tampa police department.
12:02:34 >>GWEN MILLER: Petitioner?
12:02:37 >>> I have been sworn in.
12:02:45 Last time, we have land development, this is what they
12:02:57 So we have to go back and wait another 30 days.
12:02:59 So I hope that, you know, the proposed petition, in
12:03:09 the future somebody can are more careful.
12:03:11 And I'm a small business.
12:03:17 >>ROSE FERLITA: I would like to ask our attorney
12:03:21 Am I confused or was this not the request that had an
12:03:24 incorrect survey?
12:03:27 >>> There was an indication -- there was a concern
12:03:29 that the survey was incorrect.
12:03:30 In fact what they found when it was resubmitted that
12:03:34 the residential was 1500 feet instead of a thousand
12:03:38 feet but because there was a concern that the survey
12:03:40 was in fact not demonstrating residential that
12:03:42 everyone knew was located out there it was continued
12:03:47 for the clarification of the survey and it was
12:03:48 clarified and in fact was outside of the thousand
12:03:52 >>GWEN MILLER: Other questions by council members?
12:03:54 Is there anyone in the public that wants to speak upon
12:03:56 item 52?
12:03:57 >>MARY ALVAREZ: Move to close.
12:03:58 >> Second.
12:03:58 (Motion carried).
12:03:59 >>ROSE FERLITA: Move an ordinance making lawful the
12:04:10 sale of beverages containing alcohol of more than 1%
12:04:12 by weight and not more than 14 by weight and wines
12:04:15 regardless of alcoholic content beer and wine 2(COP-R)
12:04:17 for consumption on premises only in connection with a
12:04:20 restaurant business establishment at or from that
12:04:21 certain lot, plotted or tract of land located at 2202
12:04:24 west Waters Avenue, suite number 7, Tampa, Florida, as
12:04:27 more particularly described in section 2 hereof,
12:04:29 waiving certain restrictions as to distance based upon
12:04:32 certain findings, providing for repeal of all
12:04:34 ordinances in conflict, providing an effective date.
12:04:37 >>GWEN MILLER: I have a motion and second.
12:04:38 All in favor of the motion say Aye.
12:04:39 (Motion carried).
12:04:41 Need to open item 53.
12:04:43 >>MARY ALVAREZ: So moved.
12:04:44 >> Second.
12:04:45 (Motion carried).
12:04:50 >>> Barbara LePore, land development.
12:04:54 For the location 2100 West Swann Avenue, suite B.
12:04:59 Petition is looking for rezoning.
12:05:04 This is the Kash N' Karry which contains 170,000
12:05:10 square feet of area.
12:05:14 At this time, a 2(APS), and the petitioner also has an
12:05:27 existing GPS.
12:05:34 What they are trying to do is try to relocate the
12:05:37 existing from outside to inside.
12:05:41 You can see that, provided for you.
12:05:48 Also for clarification this location is very close to
12:05:51 the -- I included this in the results.
12:05:58 Unfortunately, I want to change.
12:06:01 I wasn't able to give you -- I wasn't able.
12:06:06 So if you will allow me to give that information to
12:06:13 >>REBECCA KERT: Legal department.
12:06:19 Just for clarification.
12:06:22 This location is not within the South Howard
12:06:24 entertainment district and the only thing that does is
12:06:26 change the review criteria.
12:06:28 There are different review criteria if in fact it's in
12:06:32 an entertainment district.
12:06:34 So a clarification.
12:06:36 >>ROSE FERLITA: Okay.
12:06:40 >>CHAIRMAN: Other questions by council members?
12:06:41 Is there -- I'm sorry, petitioner and officer, do you
12:06:46 Ned to speak ton that?
12:06:50 >> Tampa Police Department.
12:06:51 I have been sworn.
12:06:52 We have no objection to wet zoning.
12:06:59 >>GWEN MILLER: Petitioner?
12:07:06 >>> Scott, we have two stores.
12:07:09 All we are simply trying to do is off-site liquor
12:07:13 store inside the store, it's been remodeled to a
12:07:15 Sweetbay supermarket.
12:07:17 We are actually reducing the size of the liquor store
12:07:24 to 1553 square feet.
12:07:28 Again it's just part of the remodeling.
12:07:28 I believe we meet all the criteria.
12:07:30 If you have any particular questions, I'll be glad to
12:07:32 answer them.
12:07:33 Otherwise, I don't want to waste your time.
12:07:35 >>GWEN MILLER: What are you going to do with that
12:07:37 section where it is now?
12:07:39 >>> It is actually taken up by the landlord. It's
12:07:41 being turned in to condos, from my understanding.
12:07:42 >> When are you going to hurry up and finish?
12:07:44 I'm very anxious.
12:08:00 >>> I truly apologize.
12:08:05 >>ROSE FERLITA: We look forward to it as Hyde Park
12:08:14 >>GWEN MILLER: Is there anyone in the public that
12:08:16 wants to speak on item 53?
12:08:18 >> Move to close.
12:08:19 >> Second.
12:08:19 (Motion carried).
12:08:20 >>CHAIRMAN: Ms. Ferlita, would you read?
12:08:24 >>ROSE FERLITA: I would be happy.
12:08:25 Move an ordinance repealing ordinance 96-117 making
12:08:28 lawful the sale of beverages regardless of alcoholic
12:08:30 content beer, wine and liquor 3 PS in sealed
12:08:33 containers for consumption off premises only at or
12:08:35 from that certain lot, plot or tract of land located
12:08:38 at 2100 West Swann Avenue, suite B, Tampa, Florida,
12:08:41 more particularly described in section 3 hereof
12:08:44 waiving certain restrictions as more particularly
12:08:47 described in section 3 hereof waiving certain
12:08:48 restrictions as to distance based upon certain
12:08:51 findings, providing for repeal of all ordinances in
12:08:54 conflict, providing an effective date.
12:08:54 (Motion carried).
12:08:56 >>GWEN MILLER: Item 54.
12:08:57 Continued public hearing.
12:09:12 >> Abbye Feeley, Land Development Coordination.
12:09:15 I have been sworn.
12:09:16 The case set forth before you is Z 06-100 first came
12:09:21 before you on September 28th.
12:09:22 It is a public site at the corner of Maddy, Azeele,
12:09:26 Platt and Armenia.
12:09:28 At the first hearing, council instructed the
12:09:34 petitioner to go back and revise the design of the
12:09:37 The store was originally on the third floor of the
12:09:40 structured parking on the first and second floors.
12:09:43 The site is now retail on the bottom floor, structured
12:09:47 parking on the second and third floors, the ramp to
12:09:50 access Moody Avenue.
12:09:55 Through the redesign of the store, the petitioner was
12:09:57 able to remove a waiver for parking that was
12:10:01 We are now required to supply 174 parking spaces, they
12:10:05 are providing 190, actually providing more than they
12:10:08 needed to.
12:10:11 I provided you with a new elevation for the store,
12:10:14 showing the retail on the bottom floor, access will
12:10:21 remain through the parking garage, as well as through
12:10:26 And we also were able, through the redesign, to gain
12:10:31 8-foot sidewalks on all sides of the structure.
12:10:35 >>CHAIRMAN: Any questions by council members?
12:10:43 >>ROSE FERLITA: Mr. Bentley, do you think why Kash N'
12:10:45 Karry was up there in a hurry or what?
12:10:48 >>MARK BENTLEY: For the record, I don't want to get
12:10:51 >>ROSE FERLITA: For the record you're a very smart
12:10:54 >>> 201 North Franklin Street, for the petitioner.
12:10:57 We modified the plan as Abby indicated in line with
12:11:01 council's instructions on September 28th and the
12:11:05 store is on the bottom.
12:11:06 We removed the waiver for parking and made some other
12:11:10 So we respectfully request that you approve the
12:11:15 >>MARY ALVAREZ: Is this a prototype of the one that
12:11:17 they have in South Beach?
12:11:20 >>> It's similar.
12:11:21 There's three in south Florida.
12:11:22 And they have different versions some with parking on
12:11:27 top, some on bottom.
12:11:30 >> That's way saw was parking on top.
12:11:32 >>> What we have here is the store on the bottom.
12:11:34 Two decks of parking.
12:11:35 And it will be about 200 parking spaces roughly.
12:11:41 >> Other questions by council members?
12:11:42 Is there anyone in the public that wants to speak on
12:11:44 item 53?
12:11:45 >>KEVIN WHITE: Move to close.
12:11:46 >> Second.
12:11:46 (Motion carried).
12:11:47 >>ROSE FERLITA: We are sorry that you missed Mr.
12:11:56 Dingfelder and Ms. Saul-Sena.
12:12:08 >> Move an ordinance rezoning property in the general
12:12:09 vicinity of 301 South Moody Avenue, 2406 and 2408 West
12:12:15 Platt street and 2403, 2405 and 2415 west Azeele
12:12:20 street from zoning district classification RM-24
12:12:25 multifamily and PD planned development retail office
12:12:28 to PD planned development, and providing an effective
12:12:33 >>GWEN MILLER: I have a motion and second.
12:12:34 All in favor of the motion say Aye.
12:12:35 Opposed, Nay.
12:12:37 (Motion carried)
12:12:39 Council, before we leave, going to the Tampa
12:12:46 convention next week but I'm suggesting we have a
12:12:49 loaded agenda and if we have four people.
12:12:54 I would say maybe send a representative.
12:12:57 Kevin, do you still want to go?
12:12:59 >>KEVIN WHITE: I don't have a problem.
12:13:00 >>GWEN MILLER: If we break for lunch.
12:13:04 >>ROSE FERLITA: I'll stay if three other people stay.
12:13:07 I think to move it along, because we do have a lot of
12:13:10 stuff, and if there's some support.
12:13:17 Otherwise, if Mr. White is hear, I would make that
12:13:22 motion that he go and represent us.
12:13:26 But somebody has to tell the other two colleagues that
12:13:28 they have to stay.
12:13:29 >>MARTIN SHELBY: If we could be clear, what exactly is
12:13:31 >>GWEN MILLER: The Tampa Bay convention and visitors
12:13:34 bureau convention, next Thursday.
12:13:37 >>ROSE FERLITA: That takes longer than our regular --
12:13:43 >>MARY ALVAREZ: A la carte.
12:13:44 >>GWEN MILLER: At 11:30.
12:13:47 If we take a lunch break we won't get here till 1:30
12:13:50 or 2 and we have a long agenda and we have to come
12:13:52 back at 5:00.
12:13:53 I would suggest all of us don't go and maybe send a
12:13:58 Shall we do that?
12:13:59 Since the rest of them are not here?
12:14:04 >>MARTIN SHELBY: The representative would leave the
12:14:05 meeting during this time.
12:14:07 Council is still scheduled to take its break unless it
12:14:09 elects to waive that time.
12:14:11 >>ROSE FERLITA: Even though we might all decide to
12:14:13 take a break.
12:14:14 The point is that three of the seven go to a la carte.
12:14:18 It's more than an hour.
12:14:19 And with a big agenda.
12:14:21 And I guess what the chairman is asking, Mr. Shelby,
12:14:25 is that she have the right to make that decision.
12:14:31 Only send one representative.
12:14:35 >>MARTIN SHELBY: That's council's call.
12:14:38 >>ROSE FERLITA: It's the chair's call F.she can do
12:14:41 It would be disruptive of council business.
12:14:49 >>MARY ALVAREZ: Send John.
12:14:51 >>GWEN MILLER:
12:14:54 >>MARTIN SHELBY: What the chair is indicating is the
12:15:06 chair does not intend to break council for an early,
12:15:09 and then come back late, for next week's agenda.
12:15:13 >>GWEN MILLER: To leave at 11:15 to get out there by
12:15:17 >>ROSE FERLITA: Let's send a motion to send -- make a
12:15:20 motion to send Mr. Dingfelder as our representative.
12:15:22 >>MARY ALVAREZ: So moved.
12:15:23 >>GWEN MILLER: Motion and second to send Mr.
12:15:25 Dingfelder to represent us.
12:15:26 (Motion carried).
12:15:29 >> We stand adjourned until 1:30.
12:15:33 It's 12:15.
12:15:36 All right, 1:30.
12:15:42 >>MARTIN SHELBY: What time?
12:15:43 >>ROSE FERLITA: Who's on second?
12:15:48 >>MARTIN SHELBY: I'm sorry, council.
12:15:50 So the parties are clear what time does council wish
12:15:52 to return?
12:15:58 >>ROSE FERLITA: All right, 1:45.
12:15:59 >>GWEN MILLER: All right.
12:16:01 1:45 then, Mr. White.
12:16:07 (City Council recess)
Tampa City Council
Thursday, October 19, 2006
1:45 p.m. session
The following represents an unedited version of
realtime captioning which should neither be relied
upon for complete accuracy nor used as a verbatim
The original of this transcript was produced in all
capital letters and any variation thereto may be a
result of third party edits and software compatibility
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
13:49:54 [Sounding gavel]
13:49:55 >>GWEN MILLER: Tampa City Council is called back to
13:49:56 Roll call.
13:50:01 >>SHAWN HARRISON: Here.
13:50:02 >>MARY ALVAREZ: Here.
13:50:03 >>KEVIN WHITE: Here.
13:50:04 >>GWEN MILLER: Here.
13:50:06 We are now into our appeal hearing.
13:50:08 We need to open.
13:50:10 >> So moved.
13:50:11 >>GWEN MILLER: We have a motion and second.
13:50:13 (Motion carried).
13:50:14 Mr. Shelby?
13:50:15 >>MARTIN SHELBY: I'm sorry to interrupt.
13:50:17 If we can, at the very beginning, this is
13:50:19 quasi-judicial, so I ask the witnesses be sworn in
13:50:23 with regard to this hearing.
13:50:25 But before we get that far, I just want to be clear as
13:50:29 to what the parameters are with regard to time limits.
13:50:32 Council normally on a feel hearings gives 15 minutes
13:50:36 for the appellant and 15 minutes to the appellee.
13:50:39 There is nothing specifically in the rules of
13:50:43 Council under the rules can set time limits up front
13:50:46 if it wishes.
13:50:47 So however council wishes to proceed so at least the
13:50:50 parties know what council's pleasure is.
13:50:54 >>SHAWN HARRISON: Move 15 for each side.
13:50:56 >>GWEN MILLER: 15 and 15.
13:50:58 Do we need to vote on it?
13:51:04 >>MARTIN SHELBY: There's really no specific rule with
13:51:05 regard to appeal hearings yet.
13:51:08 >> The motion.
13:51:09 >> So moved.
13:51:10 >> Motion and second.
13:51:12 (Motion carried).
13:51:13 >>MARTIN SHELBY: And with regard to witnesses.
13:51:14 >>GWEN MILLER: Anyone that's going to speak on the
13:51:16 appeal hearing, will you please stand and raise your
13:51:18 rate hand?
13:51:19 (Oath administered by Clerk)
13:51:25 >>MARTIN SHELBY: If there are any ex parte
13:51:32 communications relative though this particular hearing
13:51:33 please disclose that prior to the vote.
13:51:35 And when you state your name, please reaffirm that you
13:51:38 have been sworn.
13:51:38 I have a little sign there to remained you.
13:51:40 Thank you.
13:51:44 >>REBECCA KERT: Legal department.
13:51:45 What you have before you this afternoon is a de novo
13:51:48 review of a staff denial of a permit application to
13:51:51 remove a grand tree on the basis that it's hazardous.
13:51:57 What's before you today is a review of whether or not
13:51:59 this grand tree is in fact hazardous.
13:52:01 What is going to be passed out to you is exhibit 1 to
13:52:06 chapter 13 of your tree code, which is the tree hazard
13:52:09 evaluation form and that is what your code directs to
13:52:12 you look at when making a determination about whether
13:52:14 or not a grand tree is hazardous.
13:52:17 Notice what's provided to the surrounding property
13:52:19 owners as well as the neighborhood association.
13:52:21 And I'm also supplying you an additional copy of an
13:52:25 October 10th letter from the Parks Department with
13:52:27 the accompanying backup to make sure you have all the
13:52:30 documentation that staff has provided in front of you.
13:52:33 At this point I would turn it over for staff to make
13:52:36 their initial presentation.
13:52:47 >> David Riley, parks and recreation.
13:52:50 I was the original arborist that viewed this tree.
13:52:55 I did my inspection when the previous house was still
13:52:59 in place.
13:53:00 It was fairly close to the tree at that time.
13:53:04 All the inspections are visual from the ground only.
13:53:12 But the tree appears to be healthy canopy wide.
13:53:15 We looked at the structure of the tree.
13:53:17 We did notice the included bark.
13:53:21 However, the limbs, one of the co-dominant stems
13:53:25 that's responsible has been truncated in the past, in
13:53:29 other words, has been shortened, so we didn't feel
13:53:33 that was going to be that big a factor in the
13:53:37 potential of that tree.
13:53:38 There's no weight and no liver lever action when we
13:53:42 would be pushing on it so we felt that included the
13:53:45 mitigated bark.
13:53:46 We also looked at the pavers that are on each side.
13:53:52 And one of the arborists that looked at the street,
13:53:56 excavation, we went out there after he performed the
13:53:59 root excavation.
13:54:00 We didn't see any damage or anything that caused alarm
13:54:03 to us, that we thought would be a problem.
13:54:08 That tree probably has been there as long as that
13:54:10 driveway has so we felt that it was accustomed to that
13:54:15 growing situation.
13:54:16 We did notice there was a limb to the north that there
13:54:20 was damage on that limb.
13:54:23 Damage probably occurring when the house was demoed.
13:54:27 Again, the species of tree is live oak.
13:54:32 We felt that would carry over and would not pose a
13:54:35 problem in the future either.
13:54:37 So at that time, I deemed the tree nonhazardous.
13:54:41 I gave it a rating of 7 out of 12.
13:54:47 All trees in a situation like this start off with at
13:54:49 least four points to target.
13:54:52 So it automatically has four points.
13:54:53 And then we only added three additional points to that
13:54:58 So we didn't deem it hazardous.
13:55:00 Subsequently, Steve Graham was brought in.
13:55:03 He went out and also evaluated the tree.
13:55:06 And much like myself -- and I believe you have a copy
13:55:07 of his report -- he did not find or deem the tree to
13:55:11 be hazardous.
13:55:14 And we have asked them to redesign the house to save
13:55:16 the tree.
13:55:19 >>GWEN MILLER: Very good.
13:55:39 >>> Good afternoon.
13:55:41 My name is Donna Haines and I represent the appellant
13:55:47 in this matter.
13:55:48 What we are passing out to you all is a packet of
13:55:53 There is a report from a Richard Bailey, who is an
13:55:55 arborist, a report from Robert Shoening, an arborist,
13:56:04 and a letter from an insurance agent, Laura Webb
13:56:08 regarding the property.
13:56:17 And basically just to give you a little background,
13:56:20 the appellant in this case bought this lot, hired an
13:56:25 architect to build a house, and he was actually
13:56:28 somewhat limited in where the home could go on the
13:56:35 And I have a site plan for you all.
13:56:44 (off microphone)
13:56:45 All setbacks were complied with.
13:57:16 There were no variances in this situation.
13:57:20 So my client hired the architect, hired a landscape
13:57:24 architect and then realized there was an issue with
13:57:26 this tree.
13:57:27 At that time, they submitted plans, a permit
13:57:33 application to have the tree removed and that was
13:57:35 denied and that's basically why we are here today.
13:57:37 In the meantime, we have had two arborists, and
13:57:40 structural engineer.
13:57:41 And basically all the professionals that we talked to
13:57:43 have found this tree to be a hazard.
13:57:49 I would start with the report by Mr. Bailey, Richard
13:57:55 He evaluated the tree and he found on page 2 that the
13:58:00 tree has had several problems.
13:58:03 He said the tree is in a state of decline.
13:58:06 One of the issues is the co-dominant trunk.
13:58:10 There's basically two trunks shooting off this tree,
13:58:18 the trunk in the middle.
13:58:29 The tree separates and has the two different trunks.
13:58:33 There's a cavity in between those, and Mr. Bailey
13:58:37 measured the depth of the cavity to be 8 inches and he
13:58:40 found decay inside the cavity.
13:58:44 He opined that it will likely continue to decay, and
13:58:49 making it more likely for the tree to split out.
13:58:55 Mr. Bailey also did a root excavation, he tested the
13:59:01 roots in a couple of different areas.
13:59:09 There are photographs.
13:59:12 This area here, also by previous photographs, show
13:59:23 decay -- excuse me -- yes, show decay organisms
13:59:29 The roots on the northwest side he detected decay.
13:59:33 And also on the east side, he stated that the roots on
13:59:41 the east side of the tree have been compromised by the
13:59:44 blow-grade installation of the paver drive which Mr.
13:59:47 Riley talked about with the root damage approximately
13:59:50 three feet away.
13:59:53 He stated subject to wind flow in the event of the
13:59:56 storm and the direction that tree would fall is
13:59:58 towards the house.
13:59:59 Where the house is being built.
14:00:04 Mr. Bailey mentioned the damage to the limbs.
14:00:15 Our architect, Mr. Goldenberg, would state that limb
14:00:19 was damaged about two and a half years ago and it's
14:00:21 not been healing itself.
14:00:27 Mr. Bailey opined that this limb may become a hazard.
14:00:30 And overall Mr. Bailey's recommendation is that the
14:00:33 tree be removed.
14:00:34 We also have a structural engineer examine the tree,
14:00:37 Robert Shoening, and their findings were that the
14:00:43 referenced oak tree present add reasonable danger to
14:00:45 the proposed new building foundation and a potential
14:00:48 for structural damage in the event of excessive high
14:00:51 And also Mr. Shoening recommended the tree be removing
14:00:58 finding that its a hazard.
14:01:01 Mr. Westinberger is another arborist that looked at
14:01:05 the tree and he enclosed his report as well and he
14:01:07 talks about a lot of different problems that the tree
14:01:10 He talks about the included bark in the cavity there
14:01:15 as being a major problem.
14:01:16 He states the tree has the potential to fail and cause
14:01:19 damage due to the proximity of the proposed
14:01:23 He talks about issues with the canopy of the tree, and
14:01:27 the heavy equipment damage on the limb that we talked
14:01:31 Mr. Westinberger states it's very sparse on the tree
14:01:36 as well.
14:01:37 He goes on to list a number of things that could be
14:01:40 done to try to save the tree.
14:01:42 Basically, in excess of $10,000 including putting in
14:01:46 steel rods, which there are photographs or diagrams of
14:01:49 what this would look like in Mr. Westinberger's
14:01:54 report, and diminish the aesthetics even more to have
14:01:58 these steel rods in place.
14:02:01 He also attached, Mr. Westinbergr to his report, some
14:02:06 literature from Mr. Ed Gillman of the University of
14:02:09 Florida, and he states in there that co-dominant stems
14:02:18 and large branches with included bark may be the
14:02:21 single most dangerous condition posed by trees in
14:02:23 urban landscape.
14:02:26 Again, Mr. Westinberger, although he has suggested
14:02:30 things that could be done to save the tree, finds that
14:02:32 it is a danger, it's a hazardous tree.
14:02:35 We also included in the packet a letter from Laura
14:02:38 Webb, an insurance agent, who states that she reviewed
14:02:42 some of the reports in this case and she states this
14:02:45 evidence in combination with the value of the proposed
14:02:48 dwelling would make insurability very difficult and
14:02:52 nearly impossible.
14:03:02 We also have Leon Goldenberg, the architect, who is
14:03:09 designing the house on the lot, and Mr. Goldenberg --
14:03:16 should I give his testimony or should I call him?
14:03:19 >>GWEN MILLER: Can that be given?
14:03:24 >>MARTIN SHELBY: You have seven more minutes if you
14:03:26 Whatever you wish to do.
14:03:31 >>> Okay.
14:03:31 I can call Mr. Goldenberg briefly.
14:03:39 >> His testimony is part of their case.
14:03:41 Just part of their time.
14:03:44 This is an appeal from the administrative decision.
14:03:46 So this is heard de novo.
14:03:48 So there's really no record down below.
14:03:54 >> Mr. Goldenberg, were you retained to provide a home
14:04:00 on this property?
14:04:01 >>> I was.
14:04:01 >> And actually live in this neighborhood --
14:04:04 >>MARTIN SHELBY: I'm sorry to interrupt.
14:04:05 But he has a wireless microphone or stand to your
14:04:10 Right there.
14:04:11 If you could lift that up.
14:04:13 There you go.
14:04:16 >> You're an architect?
14:04:18 >>> Right.
14:04:19 >> And also contractor?
14:04:21 >>> Contractor.
14:04:21 >> And were you retained by the appellant to build a
14:04:23 house on this site?
14:04:25 >>> I was.
14:04:25 >> This is in the Beach Park area?
14:04:27 >>> That's correct.
14:04:27 >> Do you also live in Beach Park yourself?
14:04:31 >>> Yes.
14:04:31 >> And are you very familiar with this particular lot?
14:04:34 >>> Very much.
14:04:36 Go by it just about every day.
14:04:40 >> Are you familiar with when the previous home was
14:04:43 torn down?
14:04:45 >>> I am, because I was interested in that property,
14:04:50 purchased by a contractor.
14:04:51 That was about two and a half years ago.
14:04:54 >> And are you aware of the wind damage that occurred
14:04:58 when the tree was -- when the home was torn down?
14:05:02 >>> Yes.
14:05:03 Everyone within a block was aware of it.
14:05:05 That damage was done two and a half years ago when a
14:05:07 house on the property was demolished.
14:05:09 And we figured that damage was done by an excavator,
14:05:16 they were hauling a flatbed on the property
14:05:23 It just kept going.
14:05:25 And every time I look at it, even though it's over two
14:05:31 and a half years.
14:05:40 And several people have mentioned that.
14:05:42 >> And with regard to the site plan that's up on the
14:05:47 ease he'll, were you very limited on where you could
14:05:50 place the home?
14:05:51 >>> Right.
14:05:53 With the drawing.
14:05:54 The green area shows the area that we could build on.
14:05:59 Taking into account all the setbacks, the area that
14:06:03 the trees -- the setbacks for every tree that's
14:06:08 considered a grand oak, and represent a 20-foot radius
14:06:17 that is pro teched from construction.
14:06:19 In other words, you can't get past those -- so you
14:06:24 could see that there won't be much flexibility on the
14:06:33 We have to work between these three circles.
14:06:37 Of course, you couldn't just put the house in any
14:06:45 It just restricts you.
14:06:50 >> And Mr. Goldenberg, is that in a direct line of the
14:06:56 >>> Yes.
14:06:59 It would go directly over.
14:07:01 >> Are you also familiar with the water table on that
14:07:06 particular lot?
14:07:07 >>> Yes.
14:07:07 I'm concerned about it.
14:07:08 As it turns out, it's developed like a lake on that
14:07:18 And it never seems to drain.
14:07:19 And even after we stopped having rain, it was still
14:07:22 very damp.
14:07:31 >> Thank you, Mr. Goldenberg.
14:07:37 In response to Mr. Riley's testimony, Mr. Riley stated
14:07:54 that he used the tree evaluation form and rated it a
14:08:00 I would point out that No where in the ordinance does
14:08:03 it state at what point level it becomes hazardous.
14:08:06 There's a rating anywhere from 4 to 12 and at some
14:08:10 point it becomes hazardous and removal will be granted
14:08:14 but nowhere in the ordinance does it state how many
14:08:18 And hear we have seven points according to Mr. Riley.
14:08:24 Which is more than halfway there.
14:08:39 The other thing I would like to say is the appellant
14:08:41 has nothing against trees.
14:08:44 He bought this lot to build a house for his family.
14:08:48 He is concerned about the danger. Tree.
14:08:52 He's also -- we sent out all the information to all
14:08:57 the neighbors, all the notices, and one neighbor in
14:09:00 particular, a Mr. Ward, who is the neighbor to the
14:09:02 right if you are facing the house, indicates he has
14:09:05 absolutely no objection to the tree being removed.
14:09:11 The appellant is concerned with his family.
14:09:14 He has small children.
14:09:15 There are a lot of children in this neighborhood.
14:09:17 He's concerned with a high gust of wind and a
14:09:21 saturated ground and the root damage, it's very likely
14:09:24 that the tree is going to fall over and damage persons
14:09:27 and property.
14:09:31 And with regards to Mr. Westinberger's report where he
14:09:35 talked about all these things that can be done to
14:09:37 state the tree he states there's no guarantee that
14:09:39 it's going to work.
14:09:52 I would just point out that all of the experts that
14:09:54 the appellant has consulted with state the tree is a
14:09:58 dangerous tree or hazardous tree.
14:10:01 The arborist, engineer, insurance has concerns about
14:10:05 And I would state it meets the definition of a grand
14:10:07 tree in circumference only.
14:10:10 The intent of this chapter is to maintain the tree
14:10:14 canopy in the city, and to maintain aesthetics.
14:10:17 And I don't think this tree has either.
14:10:19 It's not an attractive tree.
14:10:21 It doesn't have a full canopy.
14:10:23 There's not a lot of foliage.
14:10:26 It's not maintain ago canopy so it satisfies neither
14:10:29 of these goals.
14:10:30 The appellant is willing to plant, if the permit is
14:10:33 approved to remove the tree, the home owner is willing
14:10:36 to plant in its place a 670-gallon single liter full
14:10:41 plan number 1 large mature oak in that same location
14:10:46 that will grow into a grand tree that will achieve the
14:10:48 city's goals, it will maintain the canopy, it will
14:10:51 improve the aesthetics.
14:10:53 It will meet all of the city's goals.
14:11:00 If the permit is granted there will be no impact to
14:11:04 the city because again the appellant is willing to
14:11:07 replace it with a more attractive tree.
14:11:10 It will increase the fair market value of the other
14:11:13 parcels in the area.
14:11:18 This is a de novo, as you all know.
14:11:22 I would state we have had competent substantial
14:11:24 evidence presented through these reports.
14:11:26 We have three experts saying that this tree is a
14:11:31 The engineer is probably the person that's qualified
14:11:33 to make that determination.
14:11:36 We live in Florida.
14:11:37 We have a lot of rain.
14:11:38 We have a lot of storms. A heavy rain, gust of wind,
14:11:45 this tree is likely to fail.
14:11:48 Also, in some of the photographs, is the tree not only
14:11:51 in the direct line of the home, it appears to be
14:11:55 moving towards the home itself.
14:11:58 (Bell sounds)
14:12:05 Is that time?
14:12:07 >>GWEN MILLER: That's time.
14:12:08 >>> Thank you.
14:12:09 >>SHAWN HARRISON: I have a question.
14:12:12 >>GWEN MILLER: Come back.
14:12:13 There's a question for you.
14:12:15 >>SHAWN HARRISON: That floor plan --
14:12:17 >>> The site plan?
14:12:18 >> That you had up there.
14:12:19 How big is that house that's proposed to be built
14:12:23 >>> How many square feet?
14:12:25 >>SHAWN HARRISON: Yes.
14:12:27 >>> It's more than one lot.
14:12:31 >>SHAWN HARRISON: I just want to point out one of the
14:12:37 things you finished with, and I do take a little bit
14:12:39 of disagreement with, is you said that your experts
14:12:42 concluded that the tree was hazardous.
14:12:45 And I don't see that conclusion anywhere in any of the
14:12:50 reports of your three experts.
14:12:54 Maybe you can just point it out.
14:12:56 I might have overlooked it.
14:12:57 But Mr. Westinberger said the tree itself is in good
14:13:02 Then Mr. Shoening said the tree presents a reasonable
14:13:07 danger to the proposed new building foundation.
14:13:12 But maybe that's because it's 7,000 square feet.
14:13:15 And then the other tree report says that "I recommend
14:13:22 the tree be removed."
14:13:23 But nowhere in here am I seeing the word hazardous.
14:13:28 >>> Well, I guess I'm summarizing what their findings
14:13:32 They don't use the word hazard but the word in the
14:13:34 ordinance that we don't know again how many points it
14:13:39 has to have to be determined hazardous but they find
14:13:42 it dangerous, they find it has problem, I think
14:13:46 dangerous, hazardous are very similar.
14:13:50 I'm just paraphrasing what they are saying.
14:13:52 But they say there are problems with the trees.
14:13:54 Mr. Westinberger even sites problems with the tree and
14:13:59 sites all the things that can be done to fix it.
14:14:02 But it certainly would eliminate the risk.
14:14:04 He states the tree is at high risk for structural
14:14:10 Cable work will greatly reduce the risk but not
14:14:12 completely eliminate it.
14:14:13 So Mr. Westinberger found the tremendous at risk.
14:14:22 Any more questions?
14:14:24 >>ROSE FERLITA: Basically I have the same type of
14:14:26 I think what you are paraphrasing or what you are
14:14:30 defining, their find come up a little different than
14:14:35 On the reference that presents a reasonable danger to
14:14:39 the proposed new building.
14:14:40 Of course the tree was there.
14:14:41 And I have trees in my immediate surrounding area to
14:14:44 my home, because it's a very wooded area, that could
14:14:48 present a reasonable danger.
14:14:50 But I don't think that that justifies it being a
14:14:55 And on your other expert's testimony here, Mr.
14:14:59 Westinberger said in good condition, that the tree has
14:15:04 included bark that predisposes it to be potentially
14:15:10 But then goes on to say: Recommendations if the tree
14:15:13 is to remain on-site.
14:15:15 And I think if it's such a jeopardy, such a hazard, I
14:15:23 don't think they would go on to tell what you the
14:15:25 recommendations would be if the tree were to remain
14:15:28 To talk about support, that's reasonable.
14:15:29 It may not be what you think and I think is an
14:15:32 attractive tree but it warrants consideration
14:15:34 And when it talks about the recommendations if it is
14:15:37 to remain on-site, and I've done some root pruning and
14:15:43 it seems to rejuvenate it a little bit.
14:15:45 And it goes on to talk about the mechanic support,
14:15:48 et cetera.
14:15:49 So, so far, with all due respect to you, your
14:15:53 presentation hasn't shown me that this is a hazard,
14:15:58 considering the fact that the tree was already there,
14:16:00 when the property owner figured what he wanted to do
14:16:03 around that tree, or in lieu of that tree, or what he
14:16:07 had to do to remove that tree.
14:16:09 So that's just my comments.
14:16:14 >>GWEN MILLER: Other comments from council members?
14:16:17 Ms. Kert, do you want to close it up?
14:16:20 >>REBECCA KERT: I really don't have anything further.
14:16:28 I don't know if it is pleasure of council but I would
14:16:31 remind you it is after October 1st so if you are
14:16:33 going to be denying it then you will need to base it
14:16:35 on a section that's found in the code, and I think in
14:16:38 the handouts that I provided you on the third page,
14:16:42 the grand tree hazardous tree removal, hazardous tree
14:16:47 sets out that you look 1345-G-2-A.
14:16:54 Whether you are planning on finding the tree hazard or
14:16:56 not, that is what you need to look at.
14:16:58 Thank you.
14:17:01 >>SHAWN HARRISON: Rebecca, who made the decision that
14:17:04 we are reviewing that?
14:17:06 >>REBECCA KERT: It was made by your urban forester on
14:17:10 the Parks and Recreation Department, and Steve Graham
14:17:14 signed off on that.
14:17:15 >> So it's the urban forester.
14:17:18 Thank you.
14:17:19 >>GWEN MILLER: We need to close the public hearing.
14:17:23 >>SHAWN HARRISON: So moved.
14:17:24 >> Second.
14:17:24 (Motion carried).
14:17:25 >>GWEN MILLER: What's the pleasure of council?
14:17:29 >>SHAWN HARRISON: I'm going to move to affirm the
14:17:30 ruling of the urban forester that the tree is not a
14:17:34 hazardous tree, based on the evidence in the record
14:17:37 from Mr. Riley, as well as the reports submitted by
14:17:45 Mr. Wilkes' counsel that the tree was in good
14:17:51 condition, and that nowhere in these reports does it
14:17:57 present any evidence of tree hazard evaluation per our
14:18:03 code, section 13-45-G-2-A, which is what Mr. Riley
14:18:12 reviewed the tree and doesn't appear that they have
14:18:14 met their burden of proof that his ruling was wrong.
14:18:19 So based on that I am going to move to affirm the
14:18:21 ruling of the urban forester.
14:18:24 >>GWEN MILLER: I have a motion and second.
14:18:25 (Motion carried) we now go to information from council
14:18:31 Mr. Harrison?
14:18:32 >>SHAWN HARRISON: Yes, Madam Chair, thank you.
14:18:37 Yesterday's Board of County Commissioners made a
14:18:41 motion, I think supported unanimously, to begin the
14:18:46 process of asking the legislative delegation to review
14:18:48 the expressway authority makeup.
14:18:51 And to appoint additional local officials to that
14:18:56 I don't know what ultimately -- what position they
14:19:02 will take.
14:19:03 But what I would like to do is instruct our legal
14:19:05 department to work with the county's legal department
14:19:09 as they go through that review process and draft
14:19:13 language that is going to go to the legislative
14:19:16 delegation, that the City of Tampa be included, that
14:19:20 we have representation on the expressway authority
14:19:23 board, and that we just be kept in the loop, as they
14:19:27 move that process forward, and ultimately if something
14:19:29 is going to be presented by the Board of County
14:19:30 Commissioners to the legislative delegation, that it
14:19:33 be brought to us first so that we have an opportunity
14:19:36 to review and weigh in on that as well.
14:19:40 >> Second.
14:19:41 >>GWEN MILLER: Motion and second.
14:19:42 (Motion carried).
14:19:48 >> It wasn't a pun to be kept in the loop, was it?
14:19:51 >> To be kept in the beltway?
14:19:54 >>GWEN MILLER: Ms. Alvarez?
14:19:55 >>MARY ALVAREZ: Just a couple of things.
14:19:58 I believe we all received a letter from the Ybor City
14:20:01 Chamber of Commerce stating that they had appointments
14:20:05 to the Barrio Latino that were never forwarded to City
14:20:12 And I was wondering if we had anything to do with
14:20:19 I have never seen any appointments that they were
14:20:20 talking about. I don't have the letter in front of me
14:20:23 so I don't know who the people that they were talking
14:20:27 I would like --
14:20:29 >>MARTIN SHELBY: If I can.
14:20:30 Thank you.
14:20:32 I would like to obtain a copy.
14:20:33 I have a meeting scheduled.
14:20:35 We are working out the time for this Friday with Cindy
14:20:40 Miller, with Ms. Foxx-Knowles, and myself, to address
14:20:45 this process, and that's specifically one of the
14:20:47 concerns that will be addressed.
14:20:48 So if you like, if you put it on the agenda if you
14:20:52 Or I'll just report back next week.
14:20:54 We have to figure out in what way council needs to
14:20:57 approach this.
14:21:00 >>MARY ALVAREZ: I would like to know, too.
14:21:01 Because if they sent the applications in, they weren't
14:21:06 forwarded, then I would like to know where the buck
14:21:10 >>MARTIN SHELBY: If that's the case, if council wishes
14:21:12 to make an inquiry, then when I bring that back, you
14:21:15 can choose to do that.
14:21:16 But if you like, you can act however you wish.
14:21:19 If you want to put that on the agenda.
14:21:21 Or you could just have me come back.
14:21:22 >>MARY ALVAREZ: I would prefer you come back and talk
14:21:25 to us about it.
14:21:26 All right?
14:21:27 And the other thing is, this is an e-mail I have been
14:21:33 getting from the clerks in here.
14:21:35 And a roadway on San Isabel street, that the people
14:21:42 think that it's very hazardous, especially when it
14:21:45 comes to traffic and speeding.
14:21:49 And this lady has been talking to the transportation
14:21:55 department, and she's not getting very much help with
14:22:02 They keep telling her, yes, you're on the list, where
14:22:06 the problem is, this lady was walking down the street
14:22:10 with her little baby the other day and she almost got
14:22:12 So she wants to know what we can do to help them
14:22:17 alleviate this problem.
14:22:20 San Isabel is a little street down from Martin Luther
14:22:29 King south.
14:22:30 Eights very small street.
14:22:31 I can't see why we can't put speed tables in there.
14:22:37 I would like someone from the transportation
14:22:39 department to come and give us a report on why and --
14:22:43 why do we have to wait until there are a number 39 or
14:22:47 51 or whatever.
14:22:48 I mean, if they are having a problem with this thing,
14:22:50 then we need to enforce this.
14:22:54 >>MARTIN SHELBY: How long a period of time do you want
14:22:55 to request the administration?
14:22:58 >>MARY ALVAREZ: I think they are pretty much aware of
14:23:00 this problem.
14:23:00 And I think it's going to be -- maybe November 2nd
14:23:07 would be feign for them to come talk to us on staff
14:23:11 >> Second.
14:23:11 >>GWEN MILLER: I have a motion and second.
14:23:13 Question on the motion?
14:23:14 >>MARTIN SHELBY: Perhaps to forward that to the
14:23:20 appropriate department.
14:23:21 (Motion carried).
14:23:25 >>ROSE FERLITA: Madam Chair, did we do the consent
14:23:28 We did that already?
14:23:33 I had a comment then on a couple of items under Mary
14:23:36 Alvarez' consent agenda.
14:23:38 I want to reiterate.
14:23:39 I don't have a problem with this.
14:23:42 But, at the same time, I had a concern because if you
14:23:44 remember throughout the franchise agreement with
14:23:49 Verizon, they offered the city a million dollars for
14:23:53 these types of support items for the Tampa
14:23:56 educational, speak up Tampa Bay and all that, and of
14:24:01 that million I see where we delegated changing funds
14:24:04 over for 100 that you for speak up Tampa Bay and 100
14:24:07 that you for the Tampa educational consortium.
14:24:12 I'm a little more comfortable now but I still think it
14:24:15 values putting this on record.
14:24:18 I talked to Mindy Snyder to explain it.
14:24:21 I was concerned the remaining $800,000 might go
14:24:24 someplace and somebody not find it.
14:24:29 But she assured me they cannot go into the general
14:24:32 fund based on that.
14:24:33 And she said they will go into a cable fund reserve
14:24:36 where they will try to be very conservative in how
14:24:39 they delegate that or how they allocate that.
14:24:42 But it will be there for those same type of services.
14:24:46 I was concerned at first that we didn't have an answer
14:24:48 for the $8, 000,000 difference.
14:24:50 That was my concern earlier.
14:24:52 >>MARY ALVAREZ: And let me just apologize to you, Ms.
14:24:55 I thought when we were talking about it that you
14:24:57 seemed to be okay with it.
14:24:58 >>ROSE FERLITA: Oh, I was, Mary.
14:25:01 I didn't realize we had done it.
14:25:02 And Mindy came over and she explained it.
14:25:05 At the on soothe set I didn't know that.
14:25:07 So that's fine.
14:25:08 Other than that, we are simply -- Cathy Coyle did a
14:25:11 really good job yesterday at the JLUS meeting at the
14:25:18 I you this think we anticipated 100 people would be
14:25:22 So not to talk about the issues of the meeting, but
14:25:24 the fact that she carried it out well and she had lots
14:25:28 of question -- answer type things.
14:25:30 So I thank her for heading that up.
14:25:33 That's all.
14:25:36 Were you all looking at me about way was saying?
14:25:40 >>GWEN MILLER: Mr. White?
14:25:41 >>KEVIN WHITE: Move to receive and file all documents.
14:25:43 >> Second.
14:25:43 (Motion carried).
14:25:44 >>GWEN MILLER: Mr. Shelby?
14:25:47 >>MARTIN SHELBY: As an update I want to thank Desiree
14:25:50 Valdez who made possible the fact that the application
14:25:54 is already out on the city's web site, TampaGOV.net.
14:26:02 It will take you to right there.
14:26:08 >>GWEN MILLER: Clerk, do you have anything?
14:26:10 If nothing else to come before council -- did you have
14:26:16 a question?
14:26:19 >>DAVID SMITH: I indicated last week I will do my best
14:26:21 to be here during this portion so if you have any
14:26:23 questions I can answer.
14:26:25 So I will work on making sure my smile.
14:26:30 >> It depends on who is translating it.
14:26:35 >>GWEN MILLER: If there's nothing else to come before
14:26:40 council, we stand adjourned.