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Tampa City Council
Thursday, November 1, 2007
9:00 a.m. session

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09:04:45 [Sounding gavel]
09:04:46 >>GWEN MILLER: Tampa City Council is called to order.
09:04:49 It is my honor to introduce our guest who is going to
09:04:52 do the invocation this morning, our city clerk, Ms.
09:04:56 Shirley Foxx-Knowles.
09:04:59 Would you please stand and remain standing for the
09:05:01 pledge of allegiance?
09:05:04 >>SHIRLEY FOXX-KNOWLES: Good morning, council.
09:05:06 Let us pray.

09:05:06 Father, what a joy it is to praise you and to be here
09:05:11 once again to give you the thanks for your grace and
09:05:14 your mercy.
09:05:16 Thank you for allowing us to see a brand new month.
09:05:19 Thank you, father, for how you have blessed us.
09:05:23 You have been so good to us, and we are truly
09:05:25 thankful.
09:05:29 Thank you for being here at this moment in time.
09:05:31 Bless our council, our mayor, our administration, our
09:05:35 employees, and our citizens.
09:05:38 Continue to keep us all in your care.
09:05:41 Today, we ask you to bless this meeting of council, as
09:05:46 council takes care of city matters.
09:05:48 Guide our council so that they will do what is best
09:05:50 for all of our citizens.
09:05:53 Continue to make them instruments of your will.
09:05:57 Lead them as they make decisions that affect all of
09:06:01 our lives.
09:06:02 Father, we remember to be kind to one another and to
09:06:08 always give you all the praises and your faith N.your
09:06:11 most holy name we pray.
09:06:13 Amen.

09:06:14 [ Pledge of Allegiance ]
09:06:16 >>GWEN MILLER: Roll call.
09:06:33 >>LINDA SAUL-SENA: Here.
09:06:34 >>CHARLIE MIRANDA: Here.
09:06:36 >>THOMAS SCOTT: Here.
09:06:39 >>JOSEPH P. CAETANO: Here.
09:06:40 >>GWEN MILLER: Here.
09:06:40 >>GWEN MILLER: I would like to put on the record that
09:06:43 Mrs. Mary Mulhern and Mr. John Dingfelder will not be
09:06:46 here.
09:06:46 They are at a Rail Volution conference.
09:06:50 At this time we have a commendation to be presented by
09:06:53 Ms. Bonnie Wise.
09:06:59 >>BONNIE WISE: Director of revenue and finance.
09:07:02 Today I'm here to present the award of financial
09:07:06 reporting achievement to our chief accountability --
09:07:10 accountant, Lee Huffstutler and his staff.
09:07:20 Governments throughout the country and Canada have to
09:07:23 apply for.
09:07:24 This is what they say about this award.
09:07:26 That this award has been awarded to the City of Tampa
09:07:29 by the government finance officers association for its

09:07:32 comprehensive annual financial report, we call it the
09:07:34 CAFR.
09:07:37 It's the highest form of recognition in the area of
09:07:39 government accounting and financial reporting, and
09:07:43 it's attainment represents significant accomplishments
09:07:46 by its government and its management.
09:07:48 And this is for 2006.
09:07:51 It takes a lot of extra work in order to get this
09:07:53 award.
09:07:54 I am going to turn it over to Lee to introduce the
09:07:57 staff to you.
09:07:57 >> Good morning.
09:08:01 Yes, this requires a lot of work so I have asked my
09:08:04 staff, stand up, please, to come and let you see their
09:08:09 friendly faces.
09:08:10 I just want to publicly recognize bill LADD, your
09:08:13 senior accountant in charge of producing this
09:08:16 document.
09:08:17 And we have Jan Grover, the senior accountant in
09:08:20 charge of payable.
09:08:21 Debby, Don, in charge of the system, and in charge of
09:08:30 banking and managing.

09:08:31 You have a fine crew.
09:08:32 I also want to thank the budget office who works with
09:08:35 us on the CAFR, and Tina, and of course the housing
09:08:40 department who gets a lot of the money.
09:08:42 We have to have that audited every year.
09:08:44 Sharon West over there, Cynthia Miller and her crew.
09:08:47 Thank you for your support and we'll continue doing an
09:08:53 excellent job for you.
09:08:54 >> Congratulations.
09:08:59 [ Applause ]
09:08:59 >>CHAIRMAN: We have another commendation.
09:09:02 We are going to hold this until they get here.
09:09:05 We'll stop and paren it.
09:09:07 At this time we need to do approval of the agenda.
09:09:09 Are there any items to pull from the agenda?
09:09:12 >>THOMAS SCOTT: Item 46, I believe, on the streetcar.
09:09:15 >>GWEN MILLER: Okay.
09:09:17 Any other items?
09:09:28 There are no other items?
09:09:29 Can we get a motion to approve the agenda?
09:09:32 >>MARTIN SHELBY: Before we do that if we can go
09:09:34 through the agenda and announce what those changes

09:09:37 will be.
09:09:37 >>GWEN MILLER: The agenda sheet, request by David
09:09:41 Smith.
09:09:44 >>DAVID SMITH: City attorney.
09:09:46 I'm here this morning to request that you set a closed
09:09:50 session.
09:09:52 This is a case that you are not yet familiar with.
09:09:54 It's identified as Maggiar versus City of Tampa,
09:09:59 involving an individual who was apprehended by the
09:10:02 police.
09:10:03 Long story short, he received severe injuries, and we
09:10:06 are in the middle of litigation.
09:10:08 And we are also in the middle of mediation.
09:10:11 And I think it would be appropriate for us to sit down
09:10:13 and talk about the potential risks and liabilities so
09:10:18 that I have some idea as to what this council may want
09:10:21 to do in terms of settling the case.
09:10:25 What I would like to do is do it as soon as possible.
09:10:27 We are scheduled to reconvene mediation November
09:10:29 30th.
09:10:31 We have, I think, the 8th, the 15th, and the
09:10:34 29th.

09:10:34 I'm not sure if we have a 22nd or not.
09:10:38 I think that's Thanksgiving.
09:10:39 So the sooner the better, if you could do it on the
09:10:42 8th, that would be fine.
09:10:43 But I'd like to make sure we have as many of you as
09:10:47 possible.
09:10:47 I think we can keep this to an hour or less.
09:10:52 And then I'll have a chance to what sort of authority
09:10:57 I may have in mediation.
09:11:00 >>CHAIRMAN: Do you want to do it at 11:30 or 12?
09:11:04 >>DAVID SMITH: That would be fine, if that works with
09:11:06 council, that would be perfect.
09:11:12 >>CHARLIE MIRANDA: I would suggest at noon because at
09:11:14 11:30 we may not have completed the daily business on
09:11:18 Thursday and the audience that came, would like to
09:11:21 give them the first privilege.
09:11:22 >>GWEN MILLER: Do we have a motion?
09:11:23 >> So moved.
09:11:24 >>GWEN MILLER: At 12.
09:11:26 >>LINDA SAUL-SENA: Second.
09:11:27 (Motion carried).
09:11:28 >>LINDA SAUL-SENA: It would be uppers in your

09:11:31 conference room?
09:11:33 >>DAVID SMITH: Yes, ma'am.
09:11:33 And I'll be responsible to make sure we have lunch.
09:11:39 >>CHARLIE MIRANDA: Must have won the lottery.
09:11:41 >>REBECCA KERT: I would like to substitute an
09:11:43 ordinance for 86, Busch Gardens, went for first
09:11:46 reading two weeks ago.
09:11:47 At that time I advised you that I needed to remove one
09:11:50 additional reference to off-premises sales and that's
09:11:54 been done.
09:11:54 >>CHAIRMAN: We'll get to it when we get to it.
09:11:56 We have --
09:12:00 >>LINDA SAUL-SENA: I was going to move, 101-B
09:12:05 withdrawn but I didn't know if anybody was here on it.
09:12:08 If so, 101 is being withdrawn.
09:12:20 Move that item 101 is withdrawn.
09:12:22 >>CHARLIE MIRANDA: Second.
09:12:23 (Motion carried).
09:12:24 >>GWEN MILLER: We need to change the item 63.
09:12:31 >>LINDA SAUL-SENA: It says "may."
09:12:33 THE CLERK: We did receive a fax this morning on both
09:12:37 of those items, and the petitioner is requesting a

09:12:41 date of December 20th.
09:12:42 >>GWEN MILLER: December 20th.
09:12:45 Do we get a motion?
09:12:46 >>CHARLIE MIRANDA: So moved for December 20th at
09:12:48 the same time.
09:12:48 >>CHAIRMAN: We have a motion and second.
09:12:50 (Motion carried).
09:12:52 >>MARTIN SHELBY: Is that for item 63?
09:12:54 Or 63 and 64?
09:12:56 >>GWEN MILLER: 63 and '4.
09:13:00 Item 3 scheduled for a certain time.
09:13:02 >>MARTIN SHELBY: That's just for council's review to
09:13:06 be able to keep track of what's been scheduled. If
09:13:08 there's any other changes the agenda is ready for
09:13:11 approval.
09:13:11 >>GWEN MILLER: So we can approve the agenda.
09:13:13 >>LINDA SAUL-SENA: So moved.
09:13:15 >>CHARLIE MIRANDA: Second.
09:13:16 (Motion carried).
09:13:16 >>GWEN MILLER: We now go to the public. Is there
09:13:19 anyone in the public that would like to speak to any
09:13:21 item on the agenda not set for public hearing?

09:13:31 >>> This is for item 80.
09:13:40 Can I speak on that?
09:13:41 So we're good?
09:13:43 >>GWEN MILLER: Can't speak on it now.
09:13:45 >>> I'm Bob Smith.
09:13:47 I'm the owner of an electric sign company.
09:13:50 >>MARTIN SHELBY: Are you here on item 80?
09:13:52 >>> Yes.
09:13:53 >>MARTIN SHELBY: That's when we call the public
09:13:55 hearing.
09:14:17 >>MOSES KNOTT, JR.: I resign at 2902est Ellicott
09:14:21 street and I thank God for his grace and his mercy.
09:14:24 Especially right now.
09:14:29 Got these storms.
09:14:33 I tell you every year.
09:14:35 They say the storm is going to turn but no telling
09:14:37 what it's going to do.
09:14:39 But Madam Chair, I been coming here for years and
09:14:45 years, and you say we have three minutes to speak but
09:14:48 the last two times I came here you said I had one
09:14:51 minute.
09:14:51 Now it's different than speaking three minutes.

09:14:55 Now we come to this thing one minute.
09:14:57 Now we got to sign the sheet and the lady told me
09:14:59 awhile ago to put on the sheet what I'm going to talk
09:15:01 about.
09:15:02 I don't know what I'm going to talk.
09:15:04 I come in that door, I don't know what I'm going to
09:15:06 talk about.
09:15:06 >>GWEN MILLER: Do you know what item?
09:15:09 >>MOSES KNOTT, JR.: I want to speak on the signs.
09:15:11 That's the only thing today.
09:15:12 >> You have to wait for the public hearing.
09:15:14 >> Whatever they talk about, I can comment on that.
09:15:17 >>GWEN MILLER: Right.
09:15:18 You can speak on the signs when we go to the public
09:15:20 hearing.
09:15:20 >>> Right.
09:15:22 >>GWEN MILLER: Would anyone else like to speak?
09:15:24 >>MARTIN SHELBY: Did you want to open --
09:15:29 >>GWEN MILLER: Not on the agenda, you can speak on
09:15:31 that, also.
09:15:33 >>> Item 69.
09:15:35 I just want to be sure.

09:15:37 >>GWEN MILLER: That's a public hearing.
09:15:38 >>MARTIN SHELBY: A presentation by the applicant
09:15:41 expressing interest in filling the vacancies on the
09:15:43 architectural review commission.
09:15:46 Are you an applicant?
09:15:48 >>> Yes, I am.
09:15:54 Is there a special time or can I speak now?
09:15:59 >>STEVE MICHELINI: I sent an e-mail requesting that
09:16:02 some public hearing dates be reset for wet zoning
09:16:07 '08-09 and wet zoning 08-110.
09:16:11 These are existing restaurants in the Tampa Palms
09:16:14 area.
09:16:15 And they have expanded their property through some
09:16:20 addition lease property and we are requesting those
09:16:23 are set for December 6th so that we can have those
09:16:26 open before the holiday season.
09:16:31 >> So moved.
09:16:34 >>CHARLIE MIRANDA: Second.
09:16:34 >>STEVE MICHELINI: December 6th so we can have our
09:16:38 second hearing before the end of the year.
09:16:40 >>GWEN MILLER: Question on the motion, Mr. Shelby?
09:16:42 >>MARTIN SHELBY: Mr. Michelini, I understand from the

09:16:44 clerk's office those have been advertised.
09:16:46 Would that require an amendment fee?
09:16:50 >>STEVE MICHELINI: If that's necessary we'll pay the
09:16:52 amendment fee.
09:16:53 >>CHAIRMAN: We have a motion and second.
09:16:54 (Motion carried).
09:16:56 >>STEVE MICHELINI: How much is that fee?
09:16:58 >> I'm not familiar.
09:17:01 We'll take care of that with the clerk's office.
09:17:03 Thank you.
09:17:07 >>> My name is Richard FORMICA.
09:17:12 I would like to speak about item 86.
09:17:14 >>GWEN MILLER: It's a public hearing.
09:17:15 >>> What I have to say, ma'am, is not quasi-judicial
09:17:20 standards so I would like to have my say now.
09:17:22 >>MARTIN SHELBY: Can I ask a question?
09:17:23 Is it pertaining to the subject matter of item number
09:17:25 86?
09:17:26 >>> Yes.
09:17:28 >>MARTIN SHELBY: Specifically.
09:17:31 >>> It pertains to the rezoning of Busch Gardens.
09:17:34 >>MARTIN SHELBY: Then the appropriate time to do that

09:17:36 would be during the public hearing, sir.
09:17:38 I'm sorry.
09:17:38 >>> I had to wait eight hours to speak last time on
09:17:42 this and was virtually ignored.
09:17:44 I'm not waiting again.
09:17:46 >>CHAIRMAN: Thank you.
09:17:47 Would anyone else like to speak?
09:17:49 We need to move the agenda.
09:17:51 Approval of the agenda.
09:17:52 >> So moved.
09:17:53 >> Second.
09:17:54 (Motion carried).
09:17:54 >>GWEN MILLER: We have ordinance for first reading.
09:17:58 Is there anyone in the public that wants to speak on
09:18:00 item number 3?
09:18:01 >>LINDA SAUL-SENA: Move an ordinance of the City of
09:18:10 Tampa Florida amending City of Tampa code chapter 15,
09:18:14 section 15-104, residential parking permit only,
09:18:20 providing for repeal of all ordinances, providing for
09:18:23 severability.
09:18:23 >>GWEN MILLER: We have a motion and second.
09:18:25 >> What is that intent, repealing that ordinance?

09:18:36 >> I think it's clarifying he needs the parking
09:18:38 permits.
09:18:40 Perhaps there's a staff person from legal to ho can
09:18:42 actually explain it better.
09:18:47 >>GWEN MILLER: Coming up.
09:18:48 >> Jim Corbett, parking manager.
09:18:51 The amendment to this ordinance is to include the
09:18:55 parking boundaries for the residential permit area.
09:18:59 This would be establishing 12th Street, 100 and 200
09:19:04 block of north 12th and 100, 200 block of south
09:19:09 12th in Channelside.
09:19:15 >>JOSEPH P. CAETANO: So this would give the residents
09:19:18 no parking in front of their --
09:19:22 >>> it's different than that.
09:19:22 It would allow them the ability to park with the use
09:19:25 of a permit in that boundary provided that their
09:19:28 residential address was in that boundary.
09:19:31 >>JOSEPH P. CAETANO: All right.
09:19:32 Thank you.
09:19:32 >>GWEN MILLER: We have a motion and second.
09:19:34 (Motion carried)
09:19:35 We now go to our committee reports.

09:19:37 >>MARTIN SHELBY: I'm sorry.
09:19:39 When will that be coming to second reading?
09:19:42 In two weeks?
09:19:43 >>THE CLERK: That would be November 15th at 9:30.
09:19:46 >>MARTIN SHELBY: Thank you.
09:19:48 >>GWEN MILLER: Public safety, Reverend Scott.
09:19:49 >>THOMAS SCOTT: Move item 4 through 11.
09:19:53 >>CHARLIE MIRANDA: Second.
09:19:54 (Motion carried).
09:19:56 >>CHAIRMAN: Parks, recreation, Linda Saul-Sena.
09:19:59 >>LINDA SAUL-SENA: Thank you.
09:20:00 Before I read number 12, I want to share some
09:20:03 conversation I had about this with our parks and rec
09:20:06 department.
09:20:07 The State of Florida Department of Transportation is
09:20:11 supposed to pay for minimal, what we call milling and
09:20:17 blowing. If we want to put additional landscaping on
09:20:20 our right-of-way, if we want them to install it we
09:20:22 have to agree to maintain it.
09:20:23 We have been unsuccessful in getting them to give us
09:20:25 the base money spending on milling and blowing.
09:20:31 Maybe we are spending 3-X because of the additional

09:20:34 work that's been going around the planting.
09:20:36 We have been unsuccessful in getting them to give us
09:20:38 X.
09:20:39 In these tight financial times, we feel like the very
09:20:42 least they could do since we are agreeing to take on
09:20:44 the maintenance of these areas, which is what this is,
09:20:47 to S to get them to give us the money that they would
09:20:51 have been spending for base maintenance.
09:20:53 And so I'm going to hope to bring back to you -- well,
09:21:01 what I would really like, I guess, is to ask the
09:21:03 chairman of City Council, I'll do it under new
09:21:07 business, but to consider asking them to provide us
09:21:10 the base maintenance money, because we need to the
09:21:16 improve their landscaping.
09:21:17 And right now we are just picking up the tab on the
09:21:19 whole thing.
09:21:19 >>GWEN MILLER: That will be fine.
09:21:23 >> So number 12 is sort of business as usual but I
09:21:26 would like to see it improve in the future.
09:21:28 So move items 12 through 16.
09:21:31 >> Second.
09:21:32 >>THOMAS SCOTT: Once we authorize it, then do you have

09:21:35 any leverage?
09:21:39 >>LINDA SAUL-SENA: No.
09:21:40 But that's a good point.
09:21:42 That's a very good point.
09:21:43 >>THOMAS SCOTT: I mean, you raised the question.
09:21:48 Once you approve it, you don't have any leverage.
09:21:56 >>LINDA SAUL-SENA: You're absolutely right.
09:21:58 >>JOSEPH P. CAETANO: So what else is new?
09:22:01 [ Laughter ]
09:22:03 >>LINDA SAUL-SENA: Mr. Scott, that is a really good
09:22:05 point.
09:22:06 I think what I would like to do then is move items 13
09:22:08 through 16, and ask the administration -- the
09:22:11 administration is frustrated about this.
09:22:14 They have spoken to FDOT.
09:22:16 They haven't gotten anywhere.
09:22:17 Maybe if we work in concert as a city and not move
09:22:20 item 12, maybe we'll have a little more leverage.
09:22:24 That's a very good point.
09:22:25 >>CHARLIE MIRANDA: I was going to ask the legal
09:22:27 department to answer what happens if you do and what
09:22:30 happens if you don't, so that we can somewhat

09:22:34 intelligently do something on this matter.
09:22:36 >>JULIA COLE: I was not the attorney that worked on
09:22:40 this agreement.
09:22:41 If it's your intent to defer it to allow that attorney
09:22:43 to come down, or have the attorney come down, and
09:22:47 defer it for some period of time, we can answer that
09:22:50 question at that time.
09:22:50 >>CHARLIE MIRANDA: I would ask Mrs. Saul-Sena then to
09:22:54 make a motion to withdraw number 12 until that time.
09:22:57 >>GWEN MILLER: Hold it.
09:23:00 To hold it.
09:23:01 >>LINDA SAUL-SENA: I'll hold item 12 and move item 13
09:23:05 through 16.
09:23:05 >>GWEN MILLER: Holding number 12 till later.
09:23:09 We have a motion and second.
09:23:10 (Motion carried).
09:23:11 Public works, Mr. Charlie Miranda.
09:23:13 >>CHARLIE MIRANDA: Move item 17 to 23.
09:23:15 >> Second.
09:23:16 (Motion carried).
09:23:17 >>GWEN MILLER: Finance Committee, Joseph Caetano.
09:23:22 >>JOSEPH P. CAETANO: I would like to move 24 through

09:23:25 31.
09:23:26 >>CHARLIE MIRANDA: Second.
09:23:27 (Motion carried).
09:23:28 >>GWEN MILLER: Building and zoning, Mr. Joseph
09:23:34 Caetano.
09:23:35 >> Move 32 through 45.
09:23:38 >> Second.
09:23:39 (Motion carried).
09:23:40 >>GWEN MILLER: Transportation, vice chair, Ms. Linda
09:23:43 Saul-Sena.
09:23:51 >>LINDA SAUL-SENA: I'd like to move resolutions 47
09:23:58 through 58.
09:23:59 >> And holding 46.
09:24:01 We have a motion and second.
09:24:04 (Motion carried).
09:24:04 >>CHARLIE MIRANDA: I'd like to move items 59 for
09:24:10 public hearing for the council's calendar, through 67,
09:24:18 with 63 and 64 being set for the 20th of December
09:24:24 at certain time or 10:00.
09:24:27 >> Second.
09:24:29 (Motion carried).
09:24:29 >>GWEN MILLER: We now go to our staff reports.

09:24:40 Item number 68.
09:24:41 Mr. Jerome Ryans.
09:24:44 >> Jerome Ryans: I do have a handout.
09:24:48 I didn't know how much time.
09:24:49 It's 5 minutes on the agenda.
09:24:51 It takes me five minutes to tie my shoes.
09:24:53 I just wanted to pass out something.
09:24:55 Let me introduce LeRoy, our chief operating officer,
09:25:01 and Andy, our chief officer for the housing authority.
09:25:05 Bring them down so you will know their faces.
09:25:08 I am going to try to get some of the highlights of the
09:25:10 report itself.
09:25:11 But I wanted to talk about a few things we have done
09:25:14 the last few years, because I think it's important.
09:25:19 Oh we have come a long way in the last eight or nine
09:25:22 years in light of where we were in the beginning of
09:25:24 the process and I think it's important to recognize
09:25:27 that we have a tremendous group of employees at the
09:25:29 Tampa housing authority.
09:25:30 I think you need to know that.
09:25:32 A lot of people that have known how to do a whole lot
09:25:34 more with a whole lot less, not knowing what our

09:25:37 funding situation is going to be.
09:25:38 And I'm really appreciative of the work that they do,
09:25:42 and how they add value to the housing authority.
09:25:45 And I'm going to start just briefly.
09:25:46 First of all let me talk a little about our Hope VI
09:25:49 process.
09:25:50 Most of now we received over $60 million for our Hope
09:25:53 VI project and most of you know Belmont and oaks of
09:25:58 Riverview.
09:25:59 The city was a part of that process, too, City Council
09:26:01 along with the mayor and others that committed CDBG
09:26:05 dollars that helped us get through the project.
09:26:07 I think that's important because that partnership, if
09:26:09 we had not had that kind of partnership we probably
09:26:11 wouldn't have gotten the dollars we got from the
09:26:13 federal government to do the things we are doing.
09:26:14 So I wanted to share that with you.
09:26:16 I think that's important.
09:26:17 I also think it's important, too, that you realize
09:26:20 that out of 17 of our public housing developments, 12
09:26:24 of those have been completely modernized.
09:26:26 Completely modernized.

09:26:28 We have got some developments out there in the
09:26:29 community that if you drove around, and just like
09:26:33 developments in the private sector.
09:26:34 And that's important.
09:26:35 And that's something we try to maintain.
09:26:37 Even though we are receiving less dollars, we are
09:26:39 trying to stretch those dollars as far as we can
09:26:41 stretch those dollars and make sure that we are not
09:26:45 only meeting the needs of this community but also the
09:26:47 needs of the constituency.
09:26:49 I think that's important.
09:26:50 And I think it's also important to realize, we have
09:26:53 developed five mixed income communities in this area,
09:26:57 if you think about College Hill, you think about oaks
09:27:01 of Riverview, if you think about Rembrant, most of you
09:27:05 know that the controversy has been around Rembrant and
09:27:09 Robinson high school, we swapped out land with the
09:27:12 school board to build a new development, attacks
09:27:15 credit development.
09:27:15 We think that is going very, very well.
09:27:17 I want to share that with you because a lot of people
09:27:20 don't realize what we have done in this community.

09:27:22 We don't go out and do a lot of talking.
09:27:24 Probably do a better job of sharing information with
09:27:26 the community as a whole.
09:27:28 We have people so comprehensive about just getting the
09:27:30 job done and not worrying about whether or not they
09:27:32 have a pat on the back or anything like that.
09:27:34 We think that's important.
09:27:35 I think it's also important too to realize in our
09:27:37 section 8 program we have doubled our number of
09:27:39 vouchers.
09:27:40 We started out with about 2300, now a little over
09:27:44 5,000.
09:27:45 We wanted to share that with you.
09:27:47 I think also it's important our land owners have gone
09:27:50 from 1,000 to 2,000 landlords in our section 8 program
09:27:53 so wee we pretty much doubled that, too.
09:27:56 I think more importantly we were successful in
09:27:58 acquiring the coveted statewide contract along with
09:28:01 our consultant to provide management services for
09:28:05 40,000 units in the State of Florida.
09:28:08 Multifamily units in the State of Florida.
09:28:09 We were successful in acquiring that contract.

09:28:12 It says a lot about how hard our people work and how
09:28:15 they do it.
09:28:16 I think that's important.
09:28:17 Right now we are into the third year of the contract.
09:28:19 One reason we think that's important, if you look at
09:28:22 what's happening nationally, with 3400 housing
09:28:26 authorities, we have to become more entrepreneurial
09:28:28 and look at other opportunities in terms of bringing
09:28:31 dollars to this community to provide the level of
09:28:34 services we want to provide.
09:28:36 There's just so much you can do with less dollars.
09:28:39 Right now we are operating under a continuing
09:28:41 resolution.
09:28:41 We don't know what our funding is going to do.
09:28:46 We have gotten some used to it now over the last
09:28:48 search or eight years.
09:28:49 So we sort of expect our funds to be slow coming in
09:28:52 but we have been able to manage our dollars in such a
09:28:54 way that we continue to provide the level of service
09:28:57 that is we provide.
09:28:58 We have a very competent social services program.
09:29:01 I think we have been able to do those programs

09:29:03 primarily over grants.
09:29:04 We go out to most of the federal grants that are
09:29:06 available and be successful and average about a
09:29:09 million and a half two, million a year just in grant
09:29:11 dollars alone, provide the social service that is we
09:29:14 need in our community.
09:29:14 We can't just build houses in the community.
09:29:18 And probably, I would say our biggest problems will
09:29:23 probably end up being Central Park.
09:29:25 Most of us still struggling with the challenges of the
09:29:28 strand decision and struggling with that but we are
09:29:30 going to work through that process.
09:29:31 I guess we have gotten used to having get over hurdles
09:29:37 and it's one of those situations we feel good about
09:29:40 where we are going and the city is a great partner
09:29:42 along with Bank of America is a great partner.
09:29:45 So I think we'll get through that process.
09:29:47 While we are still waiting on the strand decision, we
09:29:49 are still looking at opportunities.
09:29:51 I want to share that with you.
09:29:52 I think it's also important, too, and I want to
09:29:54 acknowledge one person here that I think is very

09:29:57 successful and very important in this whole process of
09:29:59 Central Park and that's Reverend Scott.
09:30:01 I don't think he's gotten the kind of credit he should
09:30:04 get in this community in terms of when he was county
09:30:07 commissioner and that kind of thing.
09:30:09 I think he did a lot to get this process on the right
09:30:11 road.
09:30:12 And every day you think about this process, we think
09:30:14 about him.
09:30:16 Because it is very important to him and it's very
09:30:18 important to us that we have somebody that carries the
09:30:20 ball, you know, in this process.
09:30:22 So I want to take my hat off to you, Reverend Scott,
09:30:25 publicly and let now how much we appreciate what you
09:30:27 have done in this process and we thank you for that.
09:30:29 There's a number of other things I could talk about,
09:30:31 though, but I didn't want to take up a lot of your
09:30:33 time because I know it's short because you do have a
09:30:37 lot of information there that talks about where we
09:30:41 are.
09:30:42 Let me share something else with you.
09:30:43 A lot of people don't realize that we own or operator

09:30:47 manage about 9600 units in this community.
09:30:50 We have several nonprofits that provide units in this
09:30:55 community for low to moderate income people, and want
09:31:00 to share that, we don't receive any dollars from HUD
09:31:02 or anybody else.
09:31:06 Not for profit components.
09:31:07 I think that's important.
09:31:08 I think also it's important for to you know that we
09:31:10 have the home ownership program in this community,
09:31:13 where we teach people to become homeowners.
09:31:16 Some of you had opportunities located over there,
09:31:20 located on Howard, and many of you had an opportunity
09:31:22 to come by there and kind of look at what we are doing
09:31:25 and that kind of thing.
09:31:26 Well, the economics are difficult right now.
09:31:28 We still have a large number of people that come in
09:31:30 for homeowners, people still want to own their home at
09:31:34 the end of the day.
09:31:35 We think that's important.
09:31:36 We are looking at some future things to do in this
09:31:38 community.
09:31:38 We are going to probably end up developing over the

09:31:43 next two or three years.
09:31:44 But I will say to you that, you know, and the strand
09:31:48 situation and the market itself is creating a lot of
09:31:52 die cot miss in this community, and it's something we
09:31:54 are all struggling with.
09:31:55 But I also believe, too, that where you have those
09:32:00 kind of issues, if you stay focused and keep your
09:32:03 vision we can get where we need to be.
09:32:05 It may take us a little longer to get where we need to
09:32:07 be but we'll get there.
09:32:08 I want to share those highlights to you.
09:32:12 There are a number of things in the report if you have
09:32:13 any additional questions, please ask me.
09:32:16 I just want to share with you.
09:32:17 And I can't emphasis how hard our people work.
09:32:20 I think it's hard you know that our people work
09:32:23 extremely hard and I'm very proud of them.
09:32:25 And the housing authority, my difficult task is
09:32:28 keeping the team together.
09:32:29 Because we get a lot of calls from around the country
09:32:32 asking for certain individuals.
09:32:35 You have a person that can do this and that kind of

09:32:37 thing.
09:32:38 Waive started doing, when we get job announcements
09:32:40 from our private people that do the recruiting and
09:32:43 also housing authority, they come to my desk and I put
09:32:46 them in the trash can.
09:32:48 [ Laughter ]
09:32:48 Because we think it's important.
09:32:52 So thank you.
09:32:53 And if you have any questions I'll be happy to answer.
09:32:56 >>LINDA SAUL-SENA: Not a question, just a compliment.
09:32:59 I have seen such an improvement in our public housing
09:33:02 since you have been the director.
09:33:02 >>> Well, thank you.
09:33:04 >> And I thank you for that.
09:33:05 And you don't toot your own horn but if you were to
09:33:09 organize a tour for public officials, and please let
09:33:13 us know, because I have not toured some of the newer
09:33:20 offerings that have come into being the last year or
09:33:23 two and I would really love to see what you're up to.
09:33:26 >>> We'll be happy to do it.
09:33:27 I think more importantly we have a dynamic board.
09:33:30 I think you need to know we have a great group of

09:33:32 commissioners that work extremely hard, and make sure
09:33:34 we keep our eye on the ball.
09:33:36 And that's important.
09:33:37 If you don't have that kind of leadership at the top
09:33:40 to give us the kind of direction we need, things can
09:33:42 start to kind of flounder.
09:33:44 And I see one of in the audience.
09:33:49 But we have a great group of leaders at the housing
09:33:52 authority, especially our board.
09:33:55 >>GWEN MILLER: Thank you.
09:33:57 Reverend Scott.
09:33:57 >>THOMAS SCOTT: Let me also echo the sentiment of my
09:34:02 councilman Saul-Sena, you have done an excellent job,
09:34:08 all the improvement in Belmont Heights, on and on and
09:34:13 on.
09:34:13 Hopefully we'll move forward in Central Park, continue
09:34:16 to move forward, and be a successful project as well.
09:34:20 Also, with the creek, that was messed up a long time
09:34:28 and it's on the right track.
09:34:29 And that's very good.
09:34:32 And lastly, I know the county set aside some property
09:34:39 for senior citizens.

09:34:40 >> Absolutely.
09:34:41 >> They are designing it as we speak.
09:34:46 Their intent is to build the facility for seniors
09:34:48 primarily.
09:34:49 Plus we are going to build a community center over
09:34:52 there, too.
09:34:53 We are doing that.
09:34:54 And the county is building the senior citizen center.
09:34:57 >> Which would be state-of-the-art, by the way, doing
09:35:02 that.
09:35:05 Which will be state of the art, one of the best in the
09:35:08 area.
09:35:10 >>CHAIRMAN: Thank you, Mr. Ryans, for come and sharing
09:35:13 all the good things the housing authority is doing.
09:35:15 I would like to say continue the good work you are
09:35:17 doing, and whatever we can do to help as we have done
09:35:19 in the past, let us know.
09:35:20 >>> Thank you.
09:35:22 And we thank you and the mayor, and also the county
09:35:24 commissioners, too, because without you guys as
09:35:26 partners, we couldn't do the things we were doing, to
09:35:28 be quite honest with you.

09:35:29 And while we have done a number of things, we have
09:35:32 still got a number of issues that we have to address,
09:35:34 though.
09:35:35 But we are moving up there now, slowly but surely.
09:35:37 So again, thank you.
09:35:38 >>CHAIRMAN: Thank you.
09:35:39 At this time we have a commendation that needs to be
09:35:42 presented by Reverend Scott.
09:35:44 You can do the commendation now.
09:35:45 >>THOMAS SCOTT: I would like to ask Eugene green to
09:35:55 come forward and I'll go down and make the
09:35:57 presentation.
09:35:58 I'm delighted to present this to Mr. Eugene Gilbert,
09:36:14 who represents our Univer soul circus.
09:36:22 I thought it's fitting that council make this
09:36:24 presentation to him and the organization, and council
09:36:27 commendation presented to Univer soul circus, founded
09:36:35 by Cedric Walter, the circus has been in operation for
09:36:42 15 years, with approximately 12 acts, some of the acts
09:36:48 include clowns, motorcycles, and bicycles, and
09:36:54 daredevils, acrobats, illusions, stilt walkers,
09:36:59 dancers, dogs, lions, tigers and bears, in addition

09:37:07 some of the places include Trinidad, Jamaica,
09:37:12 Columbia, Dominican Republic, China, Cuba, Russia, and
09:37:17 this year will be held in Tampa, Florida at the
09:37:22 Florida State fair ground beginning November 7 through
09:37:24 11, approximately 220 shows, 500-plus shows.
09:37:32 Now be it proclaimed the Tampa City Council does
09:37:34 hereby recognize the dedication and hard work of the
09:37:36 founder, and performers and all involved in turning
09:37:41 the vision into an entertainment reality.
09:37:44 So Mr. Gilbert, I want to present this to you on
09:37:46 behalf of the Tampa City Council, and then while you
09:37:48 are here, a successful venue for you and those working
09:37:54 with you.
09:37:56 >>> First of all I want to say thank you again.
09:37:58 And I have been saying that ever since I arrived in
09:38:01 Tampa.
09:38:02 And I say that because I am a Tampa native.
09:38:05 I am from Tampa, Florida, TGH, Tampa General Hospital,
09:38:10 Hillsborough public school system, Hillsborough high
09:38:12 school graduate, and though I no longer live in Tampa,
09:38:17 I live in Atlanta, and I am the marketing director,
09:38:20 and national promoter for the circus.

09:38:23 And this year, the circus is not slated to come to
09:38:29 Tampa but, my family, you guys everybody here since
09:38:34 2004, can you guys return?
09:38:35 And I said I'll see if I can make that happen.
09:38:38 And we will be here November 7 through 11 at the
09:38:41 Florida State fairgrounds.
09:38:42 We are going to present a fabulous show.
09:38:45 As councilman Scott stated we present talent from all
09:38:48 over the world, almost every continent.
09:38:50 We are going to bring the act to Tampa and present in
09:38:54 the an urban setting.
09:38:55 What that means is we are going to interact with the
09:38:57 audience.
09:38:58 We are going to energize the audience, like going to a
09:39:02 rock concert, like going to a traditional circus.
09:39:04 It's all about having fun and provide tickets to all
09:39:07 the public officials.
09:39:08 We work very closely with parks and recs, YMCA, Boys
09:39:13 and Girls Clubs, and many other schools within the
09:39:17 Hillsborough County school system, and provide a great
09:39:20 form of entertainment and it's going to be a life
09:39:23 changing experience.

09:39:24 Please support us.
09:39:25 If you know any one who wants to see a great form of
09:39:30 live entertainment, family entertainment, we are here
09:39:33 just for Tampa.
09:39:34 And I'm just ecstatic.
09:39:36 I have not lived here in a number of years, and I have
09:39:38 seen the progress.
09:39:39 The gentleman who spoke about the Tampa housing
09:39:42 authority and the great works you guys are doing with
09:39:44 parks and rec.
09:39:45 I played baseball at DELMON high school a number of
09:39:50 years, and I tell you, Tampa is pulling on my heart
09:39:53 and I'm pursuing moving back here.
09:39:55 But anyway, thank you so much.
09:39:58 Pastor Scott, love you.
09:40:00 Thank you for the support.
09:40:01 And we are going to bring some great entertainment to
09:40:04 Tampa.
09:40:04 We look forward to go you at the circus.
09:40:07 >>JOSEPH P. CAETANO: Mr. Miranda wanted to ask you a
09:40:11 question but he left the room.
09:40:13 Are you accepting applications?

09:40:16 [ Laughter ]
09:40:17 >>> Yes.
09:40:22 Yes, we are.
09:40:25 Oh, I'm so sorry.
09:40:27 Pastor Scott, you guys have a invitation to join the
09:40:33 ring master in the ring.
09:40:35 I will talk to you after this presentation.
09:40:37 >>GWEN MILLER: Anyone that misses the circus will miss
09:40:40 the treat.
09:40:41 I have not missed the circus.
09:40:42 I wondered why you haven't been back here.
09:40:44 I missed it.
09:40:45 Now that you are back I am asking everybody please go
09:40:47 out and support the UniverSoul circus.
09:40:59 >>CHARLIE MIRANDA: Excuse me, Mr. Caetano, I heard my
09:41:02 name.
09:41:04 I was back there.
09:41:05 Listening so well.
09:41:07 >>GWEN MILLER: They have an application for you.
09:41:09 >>> Meet me outside.
09:41:12 Do you have a particular act or performance?
09:41:14 >>CHARLIE MIRANDA: I do a lot of talking.

09:41:18 >> Would you make a great ring master.
09:41:20 >>GWEN MILLER: Thank you.
09:41:22 Okay.
09:41:23 We are now going to number 69.
09:41:32 Shirley Foxx-Knowles.
09:41:40 >>SHIRLEY FOXX-KNOWLES: City clerk.
09:41:42 I'm here regarding item 29 to present applicants for
09:41:48 the architectural review commission.
09:41:52 We have two applicants to fill the vacancy for a
09:42:00 registered architect.
09:42:02 The two applicants are Mr. Peter Carlin and Beth
09:42:11 Eisenfeld.
09:42:15 >>MARTIN SHELBY: I'm looking at the name plaintiff
09:42:17 Richard Hoff.
09:42:19 >>> Yes.
09:42:20 Mr. Hoff -- and I just passed out the information --
09:42:23 we received a call from Mr. Hoff and he asked his name
09:42:27 be removed from consideration.
09:42:29 >>MARTIN SHELBY: Council, your opportunity, when you
09:42:33 hear from the applicant, subsequent to these being
09:42:36 advertised, the applications have not been updated for
09:42:39 council's request with this batch -- this group of

09:42:44 applicants.
09:42:45 So, council, if you have questions relating to things
09:42:48 affecting other boards or Hillsborough County, take
09:42:51 that opportunity, with the next round, I prepared a
09:42:54 draft, and I will be working with the clerk to be sure
09:42:56 those applications are updated.
09:43:00 >>LINDA SAUL-SENA: Could you translate?
09:43:02 >>MARTIN SHELBY: There was some concern relating to
09:43:03 the application, there was some information that
09:43:06 council members wished to have included that was not
09:43:09 included, that will be included.
09:43:11 But have not made it through this group of applicants.
09:43:15 Whether you served on a board or if there were any
09:43:22 conflicts.
09:43:23 This is council's opportunity to do so until the
09:43:25 applications are updated.
09:43:26 >>SHIRLEY FOXX-KNOWLES: Also, council, I gave awe
09:43:29 ballot.
09:43:30 So as you hear from these candidates you can mark your
09:43:36 ballot.
09:43:37 Mr. Peter Carlin.
09:43:44 Mr. Carlin is not here.

09:44:03 Ms. Beth Eisenfeld.
09:44:07 >>> Thank you.
09:44:12 Madam Chairman, honorable council members, thank you
09:44:14 for the opportunity to present my qualifications.
09:44:16 My name is Beth Eisenfeld, I live at 813 south
09:44:20 Packwood in the Hyde Park historic district.
09:44:24 Historic preservation to me is more about -- is more
09:44:29 than about wood and paint, stucco and steel.
09:44:33 No house is an island, and every building is part of a
09:44:36 community, part of a grander city like Tampa.
09:44:41 Thankfully, Tampa supports historic preservation, and
09:44:46 what it brings.
09:44:47 Value I would bring as a commissioner on the ARC, are
09:44:51 what I like to call the three E's: Education,
09:44:55 experience and the energy.
09:44:56 I have a bachelors in landscape architecture.
09:44:59 I have a master in urban planning.
09:45:01 And I'm a registered real estate appraiser trainee in
09:45:04 the State of Florida.
09:45:06 I have experience, am well versed in the secretary of
09:45:10 interior standards for historic preservation, I'm well
09:45:13 versed in the Hyde Park guidelines as well.

09:45:17 I have firsthand experience restoring two homes.
09:45:20 My husband and I have done that in two different
09:45:22 cities that we have lived in most recently Tampa.
09:45:25 And working with the local authorities and ARC board
09:45:33 we have obtained certificates of appropriateness and
09:45:35 subsequently the ad valorem tax benefits for the work
09:45:40 that we did on our houses.
09:45:42 So I have been through the process myself.
09:45:47 I have got the energy.
09:45:48 Every community I believe should protect neighborhoods
09:45:54 so they don't -- that are part of our past so they
09:45:57 don't disappear.
09:45:58 I have the energy and drive to do this N.closing, I
09:46:00 would like to review a few thoughts.
09:46:02 I have a passion for preservation and a sense.
09:46:09 Preservation is as much about the future as it is
09:46:12 providing guidance and direction to enable the old and
09:46:14 the new to commingle.
09:46:18 My education, my experience and my energy and my
09:46:21 interest in historic preservation to benefit the
09:46:23 city's historic neighborhoods and make solid
09:46:28 recommendations to make our historic district even

09:46:31 better.
09:46:31 And last, I have several letters of recommendation
09:46:36 from neighbors and colleagues that I would like to
09:46:38 present for your consideration.
09:46:42 This is the shortest job interview I have ever been
09:46:44 on.
09:46:45 I think it was Andy Worhol who says everyone deserves
09:46:49 15 minutes so I think you owe me 12 more. Anyway,
09:46:52 thank you very much.
09:46:53 And please consider me.
09:46:55 >>CHAIRMAN: Thank you.
09:46:58 >>SHIRLEY FOXX-KNOWLES: Thank you.
09:46:59 Council, if you will mark your ballots.
09:47:05 >>LINDA SAUL-SENA: And you said vote for two but you
09:47:11 mean one, don't you?
09:47:12 >>> Well, Mr. Carlin, he should still be considered.
09:47:18 >> But we are voting for one.
09:47:20 It says vote for two applicants but we only have two.
09:47:23 So didn't you mean one applicant?
09:47:26 >>SHIRLEY FOXX-KNOWLES: Yes, I'm sorry.
09:47:27 Thank you.
09:47:28 While you are marking your ballots, council, I would

09:47:32 like to move onto the Historic Preservation
09:47:33 Commission.
09:47:36 We have one vacancy still.
09:47:38 We did not receive any applications.
09:47:42 And so we will continue to advertise that one.
09:47:47 >>LINDA SAUL-SENA: Ms. Foxx-Knowles, we had a meeting
09:47:55 the other week of preservation round table.
09:47:57 And I was saying we need to get people to apply.
09:48:00 And evidently there's a real challenge with, if you
09:48:05 serve on any of these boards you are not allowed to do
09:48:07 any work for the city or have anybody or your friend
09:48:09 do any work for the city, and it really precludes a
09:48:12 lot of our best professionals from wanting to apply.
09:48:15 So I have created an appointment with Mr. Karl, the
09:48:19 head of our ethics commission, to talk about this and
09:48:21 see if there might be a way that makes it less onerous
09:48:25 for people who work in this field to serve on the
09:48:27 boards, because obviously the fact that we have no
09:48:30 applicants indicates that we have a problem.
09:48:32 So hopefully we'll be able to come up with a solution
09:48:34 to it.
09:48:35 I just wanted to share that with you all.

09:48:41 >>> In moving onto the Variance Review Board, we have
09:48:45 one applicant for the arborist position.
09:48:49 And that is Miss Lucinda Utter, if she's here.
09:48:57 >>LINDA SAUL-SENA: Thank you.
09:49:00 She has the requisite -- she has the requisite
09:49:06 specialty?
09:49:08 >>> Yes.
09:49:11 >> Then I think that given that she's applied and
09:49:13 she's willing to serve and she's filled out the
09:49:15 application, coming to council isn't necessary.
09:49:18 So I would move that we accept her application.
09:49:21 >> Do that by ballot as well then?
09:49:29 >> Why?
09:49:30 She's the only applicant.
09:49:32 >> It should be at least by a motion.
09:49:33 And then the question is, you can either do it by
09:49:37 motion instead of a ballot.
09:49:38 But normally the way it's been set up --
09:49:41 >>SHIRLEY FOXX-KNOWLES: Well, we only have one
09:49:43 applicant.
09:49:43 >> I move we accept her application and accept her to
09:49:47 serve on the Variance Review Board.

09:49:49 >>GWEN MILLER: I have a motion and second.
09:49:51 Question on the motion.
09:49:52 >>CHARLIE MIRANDA: The same thing that was said
09:49:54 earlier on historic preservation, on the Variance
09:49:58 Review Board, takes a lot of tedious work, and maybe
09:50:04 these boards are just too restrictive.
09:50:06 I look at people for common sense.
09:50:09 I look at people for what they want to do and how they
09:50:12 want to do it.
09:50:13 Not just for the sense of them being arborists or
09:50:17 nurserymen or urban forester, landscape architect.
09:50:21 I don't know if that will fly or not.
09:50:24 But there's nothing wrong with Jane Doe and John Doe
09:50:29 to be able to apply.
09:50:32 And I don't know how many of these have to be.
09:50:34 The whole board made up of the following that I just
09:50:38 mentioned?
09:50:38 >> Mr. Miranda, they have a variety of background.
09:50:41 Some are just at-large and some have specialties.
09:50:44 And some are appointed by council and some are
09:50:47 appointed by the mayor.
09:50:48 And the reason that when we develop the criteria, we

09:50:51 said this was a good professional background, was
09:50:54 because they deal with issues dealing with the
09:50:58 specific area of knowledge.
09:51:01 >>CHARLIE MIRANDA: Is the same true then with historic
09:51:03 preservation?
09:51:04 >>SHIRLEY FOXX-KNOWLES: There is no specialty
09:51:08 specified on that one.
09:51:10 >>CHARLIE MIRANDA: How about that?
09:51:13 >>LINDA SAUL-SENA: On historic preservation?
09:51:15 We have certain seats that are in certain seats that
09:51:18 aren't that clear.
09:51:18 But the seats that are specialized are already filled
09:51:21 and this is one -- perhaps could you give us a list of
09:51:26 the criteria of the different seats.
09:51:41 >>SHIRLEY FOXX-KNOWLES: The vacancy is for an
09:51:42 alternate.
09:51:43 And on historic preservation you have construction,
09:51:48 restoration specialist, a developer, architectural
09:51:54 historian, landscape architect, an architect, but this
09:51:58 just happens to be an alternate position.
09:52:03 And it's just open.
09:52:05 Say a community person.

09:52:06 >> Other questions?
09:52:08 >>LINDA SAUL-SENA: Call the question on the motion.
09:52:12 >>CHAIRMAN: We have a motion on the floor.
09:52:14 (Motion carried).
09:52:16 >>SHIRLEY FOXX-KNOWLES: I want to go back to the ARC.
09:52:27 It's unanimous that Beth Eisenfeld received five
09:52:33 votes.
09:52:36 >>LINDA SAUL-SENA: Congratulations.
09:52:37 Do you need a motion then?
09:52:40 I move that we prepare a resolution.
09:52:42 >>CHARLIE MIRANDA: Second.
09:52:44 >>LINDA SAUL-SENA: Pointing her.
09:52:45 (Motion carried).
09:52:47 >>GWEN MILLER: Do we need a resolution for the --
09:52:55 >>LINDA SAUL-SENA: Move that we prepare the
09:52:56 resolution.
09:52:57 >> Second.
09:52:58 >>CHAIRMAN: Motion and second.
09:53:01 (Motion carried).
09:53:02 >>SHIRLEY FOXX-KNOWLES: And the last one is the civil
09:53:05 service board.
09:53:06 We have one vacancy and one applicant.

09:53:08 Mr. Al Giraud.
09:53:14 He called to say he would not be available due to a
09:53:16 schedule conflict.
09:53:21 >>LINDA SAUL-SENA: Move to appoint Mr. Giraud.
09:53:38 >> I would at least like to see the individuals.
09:53:40 I don't know them.
09:53:41 They don't know me.
09:53:42 That's the way it should be.
09:53:43 But at least I would like to have eye contact to see
09:53:46 what type of person they are, and I am not given that
09:53:49 opportunity with them not being here.
09:53:51 This is a very important board.
09:53:52 This is aboard where all the appeals go to, and a lot
09:53:55 of things happen on that board.
09:53:58 Lately it's been very active.
09:54:00 If I remember, you come up for different discrepancies
09:54:05 and individuals, responsibility that work for the city
09:54:08 and so forth.
09:54:09 So at least I would like to have the opportunity to
09:54:11 meet the individuals, in this case one individual,
09:54:15 that's here.
09:54:16 >>JOSEPH P. CAETANO: I move we place this item at our

09:54:22 next regular meeting and have Mr. Giraud here if he
09:54:25 wants to be appointed.
09:54:26 >> Second.
09:54:28 (Motion carried).
09:54:29 >>CHAIRMAN: We go to item 73.
09:54:52 >>GLORIA MOREDA: Land development.
09:54:53 I'm here to report, council requested staff to look at
09:54:58 parking lots in the Ybor Historic District to
09:55:02 determine of the unpaved or unimproved parking lots
09:55:08 being used for nightly parking which are under
09:55:12 violation of the city code.
09:55:15 We did, the YCDC staff did go out on the night of
09:55:22 October 12th and confirmed which unimproved
09:55:24 parking lots are being used.
09:55:26 That area identifies 19 sites that are involved with
09:55:32 nighttime parking.
09:55:35 And all of them are in violation of chapter 27, except
09:55:40 for lot number 18, which is under bidding code
09:55:45 violation, building permitting violations actually.
09:55:50 But of the sites, three of them are in the YC 1
09:55:54 district.
09:55:54 Two sites are in the YC 4.

09:55:57 Ten sites are YC 6.
09:56:00 And five sites are in the YC 7 designation.
09:56:06 Within the historic district, in the last few years,
09:56:10 Tampa has heard a number of complaints, especially
09:56:13 from residents on the south side of 6th Avenue,
09:56:17 concerned about the interim parking lot, and the
09:56:20 direction that council has been wanting to go to
09:56:25 eliminate interim parking lots, especially in the YC 7
09:56:30 district which is the district that was heretofore
09:56:34 residential use.
09:56:35 Over the next couple of months, I plan to be meeting
09:56:38 with the Barrio Latino commission, some of the
09:56:45 neighborhood associations and the YCDC to discuss our
09:56:48 proposal in terms of changes to the off-street parking
09:56:52 requirements, or those parking lot design standards
09:56:55 for the historic districts that are more appropriate
09:56:58 for the historic district.
09:57:03 We are going to be proposing that we eliminate interim
09:57:06 parking lots in the CC 7 district in terms how far
09:57:18 that will affect surface parking lots in the area.
09:57:21 Principal use parking lots are allowed in all the
09:57:23 zoning districts except the YC 2 and YC 7 and YC 8.

09:57:32 So while the elimination of the entrance parking lots
09:57:35 and the YC 7 district will reduce the number by 5,
09:57:38 there will be the abilities for those lots within the
09:57:42 YC 6 district to come back and do the recommended
09:57:48 improvements as a principal use parking lot.
09:57:51 And, again, I do plan to meet with the neighborhood
09:57:55 associations to discuss this.
09:57:57 I know those groups are the ones that are concerned
09:58:05 with the residences, the commercial interest in the
09:58:10 area, too, though, are very interested in making sure
09:58:13 that they have available affordable parking in the
09:58:16 area.
09:58:17 So council is going to have this decision to make in
09:58:23 the chapter 27.
09:58:24 That's where we are going to be coming back with our
09:58:26 proposal.
09:58:29 >>LINDA SAUL-SENA: One of the pieces of information
09:58:30 that will be really helpful to us in January is if we
09:58:34 could get reports from Mr. Corbett about the parking
09:58:38 availability in the city lots, the structured parking,
09:58:41 because we want to make sure there's availability.
09:58:47 I believe there is but I would love to have numbers on

09:58:49 what's out there and how if we, you know, were to
09:58:52 eliminate some of these illegal lots, or whatever.
09:58:56 >> I have been working with Mr. Corbett, and the
09:58:59 numbers show that there is available parking, at least
09:59:02 for most of them.
09:59:03 I think when there's a big event like Guavaween,
09:59:07 then -- that's really a special event issue.
09:59:10 >> Actually lettered there was extra parking during
09:59:13 Guavaween.
09:59:14 >>> The point had to do with convenience of parking.
09:59:18 From what I am hearing from the commercial interest is
09:59:21 that they want to make sure that their clients or
09:59:27 patrons have convenient, available parking.
09:59:29 And that's the usual you that council is going to have
09:59:31 to weigh the importance of how this affects the
09:59:34 residents, with how it affects the commercial
09:59:36 interest.
09:59:40 >>JOSEPH P. CAETANO: Ms. MOREDA, is paving a
09:59:49 requirement to get a permit?
09:59:51 >>GLORIA MOREDA: Currently if you are a principal use
09:59:55 parking lot you are required to pay at least 50% of
09:59:58 the parking area.

09:59:59 The rest could be a hard rock service.
10:00:02 What this is showing are the unimproved lots.
10:00:07 Right now we have a provision to allow for an interim
10:00:09 parking lot use which does not require pavement.
10:00:13 It's a temporary use that can be used for five years.
10:00:16 A number of these lots, I think about five of them,
10:00:20 went through review by the Barrio for interim parking
10:00:22 lot standards and met the requirements as relates to
10:00:23 the Barrio's review.
10:00:30 Few if any followed through and actually got the
10:00:33 required permits.
10:00:34 And that's the reason for the violation.
10:00:37 They did not get the proper permits to establish the
10:00:39 use.
10:00:41 >>JOSEPH P. CAETANO: Thank you.
10:00:41 >>CHARLIE MIRANDA: As so eloquently addressed by Ms.
10:00:47 Moreda, these items have been going on for more than
10:00:51 five years.
10:00:57 We have given those interim parking lots all of the
10:00:59 leadway, all the ability to bring it up to the
10:01:05 standards of the city.
10:01:06 And this happened back in the late 90s or early

10:01:10 2,000.
10:01:11 Since time has passed, the five years have gone, maybe
10:01:14 almost twice as long as five years.
10:01:16 And the same old thing, like I say, the old dangling
10:01:21 participle is still hanging around.
10:01:22 We are not doing constructive review to bring them all
10:01:26 up to conformity and standards that they do need.
10:01:33 It's very difficult to tell a tourist that comes into
10:01:35 town or explain to that tourist, Ybor City was nice
10:01:37 and beautiful.
10:01:39 But when I went to get my car I was in mud because it
10:01:42 rains here a lot.
10:01:43 Thank God it does.
10:01:44 But what I'm saying here is that we have to be more
10:01:49 cognizant of the fact we are going to have a law in
10:01:51 place, that we should enforce the law.
10:01:53 And I'm not saying we have it.
10:01:55 And I'm sure that with Ms. Moreda's presence here
10:01:59 today, and her meeting with the Barrio in the future,
10:02:02 that this would be an ongoing forward remedy to the
10:02:06 facts, things that were said were going to be done,
10:02:11 extensions were given on the five year period, that

10:02:13 has not happened.
10:02:14 I certainly understand their dilemma and the cost of
10:02:18 doing that.
10:02:19 But at the time that they got the parking permit, they
10:02:25 knew exactly what was coming at the end of that term
10:02:28 of the interim parking expiration date.
10:02:31 So let it be known that this council member -- and I'm
10:02:34 sure some of my colleagues, if not all of them -- are
10:02:37 going to be on Moreda's side and the city's side to
10:02:40 make sure these things are done.
10:02:42 Thank you very much, Madam Chair.
10:02:43 >>GWEN MILLER: Ms. Saul-Sena?
10:02:46 >>LINDA SAUL-SENA: I know this is a very complicated
10:02:48 issue to get your arm as round.
10:02:51 I want to thank you for the work you have done.
10:02:53 Is there any action we need to take now or do we just
10:02:56 wait till January?
10:02:57 >>> Really the January cycle is when council will be
10:03:00 involved.
10:03:00 >>CHAIRMAN: We go to item number 74.
10:03:15 >>> Earnest Mueller, assistant city attorney, here to
10:03:18 give you an update on the out standing Code

10:03:20 Enforcement Board lien.
10:03:22 If you recall, three months ago, a report was read,
10:03:34 requested by Councilman Caetano, that reflect the
10:03:38 outstanding fines in the city's complied system, the
10:03:41 database the city uses to track code enforcement
10:03:45 liens.
10:03:47 Then we reported to you at that time that that report
10:03:50 was not an accurate reflection of what liens were
10:03:53 outstanding and collectible, that there were certain
10:03:57 issues, we knew we had some data issues out there that
10:04:00 would show that a lien was outstanding but in fact had
10:04:03 been release and we had to look into those.
10:04:05 We also talked to you about certain factors that
10:04:07 affected the collectibility of the Code Enforcement
10:04:09 Board lien, like homestead, inform enclosures of
10:04:18 certain properties, and asked for to us come back in
10:04:21 90 days beginning November 1st.
10:04:23 And I will just give an update where we are at
10:04:25 regarding this matter.
10:04:27 In that time, the city formed a committee or a task
10:04:32 force that -- to look at these issues.
10:04:38 People from the legal department, finance and revenue,

10:04:41 technology innovation, accounting, and code
10:04:44 enforcement.
10:04:45 And the committee decided to focus on the data issues
10:04:48 out there.
10:04:48 So we had another report, a report that would -- all
10:04:55 liens considered out standing by the complains
10:04:58 database of $250,000 or more.
10:05:01 That report resulted in a report of 39 pages.
10:05:06 And the amounts of that was $97.2 million in, quote,
10:05:11 out standing liens.
10:05:15 Some of these out standing liens were like
10:05:19 $999,999.99.
10:05:23 That put us on notice that we probably had an issue
10:05:27 with you that data in there.
10:05:28 There were also several that the fines show not only
10:05:33 the fine amount but an adjustment amount which put us
10:05:36 on notice that that was probably a settlement amount,
10:05:40 that that lien had been settled and then released but
10:05:43 still reflecting an outstanding balance.
10:05:45 So we went about to try to find the resource to go
10:05:48 ahead and investigate and correct that data.
10:05:50 And we did it to where, when we notified that person,

10:05:58 they would do it as time permitted.
10:06:00 And in that very limited amount of time that person
10:06:03 was able to find $24 million in liens that were
10:06:07 considered out standing that had actually been
10:06:09 released, and went about to correct that data.
10:06:15 So we had a second report, you know, to show that
10:06:19 corrected data.
10:06:20 And when that was run, we came across a couple other
10:06:23 issues that we didn't realize were out there.
10:06:27 The database from what I understand has been used
10:06:29 since 1995.
10:06:30 But in that report was data from 1989, 1990, 1992, led
10:06:36 me to believe there had been data imported so we found
10:06:39 that correcting that data, that data that had been
10:06:42 imported had to be done differently than any data
10:06:44 entered in after '9 a so it was a learnings process
10:06:48 for our TNI people, so we'll be working on that.
10:06:54 Where we are going from here is the administration
10:06:55 that's going to be committing more time to correcting
10:06:58 these data errors.
10:06:59 We are going to finish with this report of $250,000 or
10:07:04 more.

10:07:04 And once that's been completed, cleaned up, we'll move
10:07:07 to the next set of liens, probably 200,000 to 250,000.
10:07:12 And as that report, as we go lower, there's going to
10:07:16 be more that will be looked at.
10:07:19 So I want you to know this is not an overnight
10:07:21 process.
10:07:22 It's going to take some time.
10:07:23 But we acknowledge it to be an important process that
10:07:25 needs to be done.
10:07:26 And we want to just say for your own benefit that in
10:07:30 the fiscal year 2007, the city did collect 8,84600 in
10:07:37 Code Enforcement Board lien payoffs.
10:07:43 And I'm available for any questions.
10:07:45 That's the end of my report.
10:07:46 >>JOSEPH P. CAETANO: I want to thank you, Mr. Mueller,
10:07:48 for your indulgence in this.
10:07:50 I know originally it was something like $66 million,
10:07:54 and I guess that was a lack of proper technology in
10:07:58 order to follow this.
10:07:59 And I know you have done a lot of work.
10:08:01 You have kept me abreast a number of times, and I'm
10:08:05 sure that it will be corrected.

10:08:07 Do you think we can have it done by the end of my term
10:08:10 in '11?
10:08:13 >>> I'm hopeful.
10:08:15 >>CHARLIE MIRANDA: I didn't know you were staying that
10:08:18 long.
10:08:18 [ Laughter ]
10:08:19 >>GWEN MILLER: Item 75.
10:08:22 >> Good morning.
10:08:29 Tony Rodriguez, public works department.
10:08:31 I'm here today to give you an update on the
10:08:35 city-county efforts on the road maintenance issues
10:08:38 with respect to Bayshore Boulevard.
10:08:41 I have with me today Mr. Roger Class, Hillsborough
10:08:45 County works, Mr. Stevens of ACA working on the issue.
10:08:50 Just for some background, Bayshore Boulevard and the
10:08:52 area that we are talking about is from Rome Avenue to
10:08:56 Platt Street, the concrete sections.
10:08:59 Bayshore Boulevard is a county road within the city
10:09:01 limits of Tampa.
10:09:02 And the city has a roadway maintenance agreement with
10:09:05 the county.
10:09:08 All parties have agreed that the required repairs for

10:09:12 this section of roadway falls outside the normal
10:09:17 maintenance, so Hillsborough County is taking a lead
10:09:19 on determining the issues with the faults in between
10:09:25 the slabs and the solutions for what we are all going
10:09:29 to do.
10:09:32 They have conducted their preliminary analysis.
10:09:35 They have inventoried total of over 760 locations
10:09:41 representing approximately 2280 individual stops along
10:09:44 that segment.
10:09:45 Of those 760 locations, 142 had some measurable faults
10:09:50 in between the slabs.
10:09:53 Any one of those faults were less than three quarters
10:09:55 of an inch, 51 of those faults were within between
10:10:00 three quarters of an inch and one and a quarter
10:10:03 inches, and ten of those were greater than one and a
10:10:07 quarter inches.
10:10:08 So they have done their preliminary analysis.
10:10:13 I would like to call on Roger from Hillsborough County
10:10:16 to kind of give us what the way forward is going to be
10:10:22 for this process.
10:10:24 Once again, the preliminary data collection, and Roger
10:10:27 can tell us where we are going from here.

10:10:31 >>> My name is Roger Cox.
10:10:37 I work for Hillsborough County in the public works
10:10:39 department.
10:10:39 And the pavement manager for Hillsborough County.
10:10:43 As Mr. Rodriguez had alluded to, the county has
10:10:46 undergone some efforts to try to identify the faulting
10:10:51 that is taking place at Bayshore Boulevard.
10:10:53 And again we are talking about the concrete section
10:10:56 that runs between Rome and Platt.
10:10:58 The first step of our efforts have been to identify
10:11:01 how bad the faults are, and where the bad faults are.
10:11:06 We secured a consultant, began their work on October
10:11:11 1st.
10:11:12 The first phase of this, the identification, and
10:11:16 location of the worst faults has been completed.
10:11:24 At this point, perform a few borings to drill through
10:11:28 the concrete to establish a couple of things.
10:11:30 First thing, I would like to see what's underneath the
10:11:33 slabs.
10:11:33 Some idea of the subsurface conditions under the slab
10:11:37 might yield some light as to why thing has occurred.
10:11:42 Next I would like to find out where the steel is in

10:11:44 the slabs.
10:11:46 There does not appear to be an overabundance of
10:11:50 as-builts on a road that is of the vintage of Bayshore
10:11:53 Boulevard.
10:11:54 So we want to get some updated information.
10:11:57 So why is the steel important?
10:12:00 In order to smooth out the ride on Bayshore there's a
10:12:02 few options.
10:12:03 Probably some of the work you may have seen that took
10:12:05 place on some of the interstates which have a concrete
10:12:08 surface looks like to take a large machine and grind
10:12:12 the surface and make it nice and flat.
10:12:15 That's called profiling.
10:12:24 That's a possibility as long as the steel is not too
10:12:26 close to the surface and the faults allow to you do
10:12:28 that.
10:12:28 So identifying what the makeup of the concrete is very
10:12:31 important to us.
10:12:33 Once we find out what we have in the cement, and what
10:12:36 is underneath it, I think we are going to be able to
10:12:38 come up with some viable options on what can be done
10:12:41 at the worst joints to alleviate some of the ride

10:12:44 problems.
10:12:45 That is the next step in our efforts.
10:12:48 I anticipate having a completed report with a cost and
10:12:53 the locations of the worst faulting in mid December,
10:12:59 at that point, be very pleased to come back to this
10:13:02 council and let you guys know what we found, what's
10:13:06 going on and what it might cost.
10:13:09 Bayshore Boulevard is an incredibly important road.
10:13:11 I am from this county.
10:13:12 I know how important this road is.
10:13:17 And so we are taking a lot of care with what goes on
10:13:20 with it.
10:13:21 Roads of this age, they have the defects that we are
10:13:25 seeing can't be taken lightly.
10:13:27 One of the reasons that I did establish a work order
10:13:31 with a consultant is so that we didn't go off not
10:13:36 fully prepared with information, start tearing things
10:13:38 out, and potentially making things worse.
10:13:41 The slabs could have interlocked with each other.
10:13:45 They may be bridging.
10:13:47 They could be issues that we just don't know about
10:13:49 from standing on the sidewalk and looking at it.

10:13:51 So we are trying to be very, very careful.
10:13:53 We do not want to make it worse.
10:13:55 Essentially, that's where we are at.
10:13:59 My consultant is here to answer any questions from you
10:14:01 folks.
10:14:02 I would be pleased to answer anything I can for you.
10:14:04 >> Any questions by council members?
10:14:07 >>LINDA SAUL-SENA: I thank you very much and look
10:14:09 forward to a report in December do. We need to put it
10:14:11 on our agenda?
10:14:12 A written report would be fine.
10:14:13 >>> Yes, ma'am.
10:14:14 >> Just to update us maybe at our December 15th
10:14:22 meeting.
10:14:23 >>> Yes, ma'am.
10:14:23 >> If you can provide that to us, that would be great.
10:14:26 >>> Certainly will.
10:14:28 >> So I have a motion that we receive a written report
10:14:32 to update us on where we are on that Bayshore project.
10:14:37 >>JOSEPH P. CAETANO: So the concrete you are talking
10:14:39 about, you are worried about the steel being too close
10:14:41 if you grind it?

10:14:42 >>> Yes, sir.
10:14:43 >> How much grinding do you think you will have to do
10:14:45 on an inch and a quarter?
10:14:47 You can't be going that deep.
10:14:49 You're going more horizontally.
10:14:51 And that's got to be at least six inches thick.
10:14:55 >>> I think the slabs are probably closer to 12.
10:14:58 >> That thick?
10:14:59 >>> Yes, sir.
10:14:59 Very, very substantial.
10:15:01 Back in the day, they built them stout.
10:15:04 So I believe the slabs -- the corresponding will tell
10:15:08 us exactly how thick they are.
10:15:10 Profiling the road again, the issue that you want to
10:15:13 be careful of is that you don't get the steel too
10:15:16 close to the surface because it will pop up.
10:15:20 >> You have a mechanism that will tell where you that
10:15:23 steel is?
10:15:24 >>> Yes, sir.
10:15:25 A couple of options for us and we are going to find
10:15:27 out where that material is.
10:15:28 >> You are going to use that new product that was

10:15:31 talked about, some kind of composition instead of a
10:15:33 blacktop that they have been using?
10:15:35 >>> Initially, I had thought that there might be an
10:15:38 epoxy solution just to kind of make ramps that would
10:15:43 kind of smooth it out.
10:15:44 I did some more digging with the contractors that do
10:15:47 that, the folks that I talked to.
10:15:49 None of them had actually put it on a road surface.
10:15:54 They did joints but they hadn't actually put it on the
10:15:56 surface.
10:15:56 My concern there was skid number, friction, didn't
10:16:00 want to make the road slippery, also getting enough
10:16:03 material to tooth into that cement so it wouldn't
10:16:07 SPAWL back off again.
10:16:10 I am looking at all options on the table.
10:16:11 We are going to come back with something that works.
10:16:13 >>JOSEPH P. CAETANO: Thank you.
10:16:15 >>LINDA SAUL-SENA: I need to clarify.
10:16:18 A written report on December 20th.
10:16:20 >> We have a motion and second.
10:16:23 All in favor of that motion say Aye.
10:16:24 (Motion carried)

10:16:27 Item number 76.
10:16:36 >>> Good morning, council.
10:16:37 My name is Elaine McCloud.
10:16:40 And I am the transit manager with the City of Tampa.
10:16:43 This is an exciting time to be in the Tampa Bay area.
10:16:46 And I would like to thank you this morning for giving
10:16:49 me the opportunity to provide an update on the
10:16:52 progress of the Tampa Bay area regional transportation
10:16:55 authority known as TBARTA.
10:17:00 Effective July one of this year the Florida
10:17:02 legislature took a bold step towards the
10:17:04 implementation of a regional mass transit system with
10:17:07 the creation of TBARTA.
10:17:10 TBARTA includes the seven counties of Citrus,
10:17:14 Hillsborough, Pasco, Pinellas, Manatee, and Sarasota
10:17:18 counties.
10:17:19 The goal of TBARTA is to expand and improve multimodal
10:17:24 transportation options within our region.
10:17:27 This is a great beginning.
10:17:29 However, it is just a first step.
10:17:31 The selection of the 16-member TBARTA governing board
10:17:36 is now complete with, the October 26th appointment

10:17:39 of Mr. Hugh McGwire of Manatee County.
10:17:42 And I have an organization chart that I would like to
10:17:46 share with you.
10:17:55 You can see here that the chairman of the TBARTA board
10:18:00 is Mr. Shelton Quarles, and he chaired the last
10:18:05 meeting on October 26th.
10:18:08 Also, selection of the officers also took place at
10:18:14 this particular meeting.
10:18:17 And you can see here that the vice chairman is
10:18:21 commissioner Ronnie Duncan of Pinellas County, and you
10:18:25 also have the secretary-treasurer who is Ann
10:18:29 Hildenbrand of Pasco County.
10:18:34 At the September TBARTA meeting the board also
10:18:37 approved a preliminary blueprint for our regional
10:18:41 transportation system, and this blueprint -- and I
10:18:46 will share this with you also -- we are very excited
10:18:53 about this preliminary regional transportation master
10:18:55 plan.
10:19:00 This blueprint represent it is collaborative efforts
10:19:02 of a working group that consisted of 38 elected
10:19:05 officials, including Mayor Iorio, metropolitan
10:19:09 planning organization, and transit agency.

10:19:14 And this map is superimposed to show the complementary
10:19:17 relationship with the legislatively approved
10:19:21 connections also known as the regional spine, which is
10:19:26 shown in gray.
10:19:27 And I'll point out these five connections that you can
10:19:29 see right here.
10:19:30 And these were legislatively approved by the Florida
10:19:36 Department of Transportation also featured on this map
10:19:41 is a menu of transportation options that include rapid
10:19:45 transit, light rail, commuter rail, and water
10:19:48 ferrying.
10:19:49 The centerpiece of this map is a light rail line that
10:19:52 is shown in red, and this line parallels I 275, or the
10:19:58 Howard Frankland bridge, and it provides connectivity
10:20:01 to downtown Tampa as well as St. Petersburg.
10:20:06 This plan must be adopted no later than July 1 of
10:20:11 2009, and the federal Department of Transportation has
10:20:15 hired the firm of Cotterbirges to develop a master
10:20:21 plan that will include route alignments, modes of
10:20:24 transportation such as bus rail, projected cost, and a
10:20:27 funding mechanism.
10:20:28 I would like to mention that TBARTA now has an

10:20:31 official web site, WWW.TBARTA.com.
10:20:38 Next meeting of the TBARTA board is on November 30.
10:20:41 With regard to the role of the City Council, clearly
10:20:45 you would play a critical role in the overall regional
10:20:49 mass transit strategy as we move forward with updating
10:20:52 the City of Tampa comprehensive plan which speaks to
10:20:56 the question of where do we want to direct growth?
10:20:59 During my recent trip to Charlotte, North Carolina, as
10:21:04 a part of the greater Tampa Chamber of Commerce
10:21:06 7th annual benchmark and visit between land use
10:21:12 planning and mass transit was highly integrate and
10:21:15 played a key role in economic development.
10:21:17 Councilwoman Linda Saul-Sena and Mary Mulhern attended
10:21:21 and participated in this trip.
10:21:22 One of the key features of the trip was Charlotte
10:21:27 links light rail line that will be unveiled on
10:21:30 November 23rd.
10:21:31 Finally, as a reminder, a council workshop is
10:21:36 scheduled for November 15th, where you will get
10:21:38 the opportunity to meet and exchange dialogue with Mr.
10:21:44 Cal Marcellus, who is the general manager for Denver
10:21:47 regional transportation district, who is spearheading

10:21:51 a $4.7 billion transit master plan known as fast
10:21:59 track.
10:22:00 We are very excited about TBARTA.
10:22:03 And Mayor Iorio embraces this regional approach.
10:22:06 This includes my TBARTA update.
10:22:09 Are there any questions?
10:22:10 (Bell sounds).
10:22:12 >>LINDA SAUL-SENA: Thank you very much for this
10:22:13 update.
10:22:13 This is probably like the most critical issue facing
10:22:16 our region.
10:22:17 And I wondered how frequently do you think you need to
10:22:20 come back and update us to keep us on track with
10:22:24 what's going on?
10:22:25 Because council is very interested.
10:22:28 Every two months, three months, what do you think?
10:22:31 >>> I would be happy to come back on a quarterly basis
10:22:34 to provide updates to the council as those
10:22:37 developments become available.
10:22:39 >>THOMAS SCOTT: I think you is he the next meeting is
10:22:44 November 30th.
10:22:45 Do you understand what I'm saying?

10:22:47 Is that correct?
10:22:47 >> That's correct.
10:22:49 >> Where would that be?
10:22:50 >>> Held at the district 7 office of the Florida
10:22:52 Department of Transportation on McKinley drive.
10:22:56 >> Any other questions?
10:22:57 >>LINDA SAUL-SENA: I would like to have Ms. McCloud
10:23:04 come back on a quarterly basis, that's February?
10:23:11 >> He second.
10:23:12 >> February 7th meeting to give us an update on.
10:23:16 But if something important happens before then, please
10:23:19 feel free to get with the chairman and get on our
10:23:23 calendar because this is really important and when
10:23:26 want to make sure as we go through our comprehensive
10:23:28 planning that land use and transit are linked.
10:23:31 Because that was a point they are really making in
10:23:33 Charlotte.
10:23:33 >>> Thank you for coming.
10:23:36 >> My motion is to hear back from Ms. McCloud at our
10:23:41 February 7th meeting.
10:23:42 (Motion carried).
10:23:43 >> Item number 77.

10:23:48 >>> Dennis Fernandez, historic preservation manager.
10:23:52 I'm here to discuss the -- provide an update to you on
10:23:56 the progress with a conservation overlay district, and
10:23:59 a portion of the Hyde Park national registered
10:24:02 district.
10:24:02 Did want to report to you on September 11th the
10:24:05 usual you was scald before the Historic Preservation
10:24:07 Commission.
10:24:09 Historic preservation commission through its
10:24:11 discussion has determined that the current definition
10:24:13 of a conservation overlay district that exists in
10:24:17 chapter 27 is really inadequate to meet the objectives
10:24:20 of preserving historic structures in this ear, and
10:24:24 directed staffer to revise that definition, bring it
10:24:28 back to the HPC on November 13th.
10:24:32 So that we could include it in the February
10:24:38 definitions to chapter 27 so we can move forward.
10:24:41 And we would be happy to answer any questions on that.
10:24:46 That is where we are at today, though.
10:24:47 >> Thank you.
10:24:48 >> Item number 78.
10:24:51 >>REBECCA KERT: Legal department.

10:24:52 City Council asked administration and the legal
10:24:55 department to try to find a way to deal with the
10:24:57 zoning issues which are near the city's borders.
10:25:03 Chapter 27, what we are recommending is in the next
10:25:05 cycle we amend chapter 27 to clearly state that notice
10:25:08 will be provided on zoning issues that require notice
10:25:12 of cross jurisdictional boundaries.
10:25:14 That will provide standing to those in the surrounding
10:25:17 jurisdictions to come and speak to you on those
10:25:19 issues.
10:25:22 The wet zoning which is currently in chapter 3 but if
10:25:25 City Council approves, the current chapter 27 changes,
10:25:30 the wet zoning will be moved and chapter 27 will be
10:25:33 covered by this change as well.
10:25:34 >>LINDA SAUL-SENA: Did we put this on the January
10:25:37 batch?
10:25:38 >>REBECCA KERT: Yes.
10:25:38 >>GWEN MILLER: Thank you.
10:25:39 >>LINDA SAUL-SENA: Do you need any action by council
10:25:42 to do that?
10:25:45 >>REBECCA KERT: That would probably be the way to do
10:25:47 it, to direct to us incorporate changes regarding

10:25:49 notice of cross jurisdictional bounds in the next
10:25:53 round.
10:25:53 >>LINDA SAUL-SENA: So moved.
10:25:55 >>CHARLIE MIRANDA: Second.
10:25:56 (Motion carried).
10:25:57 >>CHAIRMAN: Item 79 need to receive and file the
10:25:59 written report.
10:25:59 >> So moved.
10:26:00 >> Second.
10:26:00 [Motion carried]
10:26:01 >>GWEN MILLER: Public hearings for second reading.
10:26:07 Item number 80.
10:26:10 >>MARTIN SHELBY: I apologize.
10:26:11 We still have item number 46 and 12.
10:26:13 >>CHARLIE MIRANDA: 12 is on the way.
10:26:16 Julie Kabougeris stepped out.
10:26:29 >>CHAIRMAN: When they come in we'll do it.
10:26:31 Anyone here to speak on item 46?
10:26:33 We'll come back when they come in.
10:26:36 Public hearing for second reading.
10:26:39 Is there anyone in the public that wants to speak on
10:26:41 item number 80?

10:26:42 >>MARTIN SHELBY: Council, I am going to ask that you
10:26:47 swear in the witnesses, please.
10:26:48 69 if there are none?
10:26:51 >>MARTIN SHELBY: This is nonquasi-judicial?
10:26:55 I'm sorry, I apologize.
10:26:56 >>CHARLIE MIRANDA: Move to open item 80 and 81.
10:26:59 >> Second.
10:27:00 (Motion carried).
10:27:00 >> Would be Bob Smith, owner of electric sign company.
10:27:07 I have been on the city sign committee for the last
10:27:10 three years.
10:27:11 I want to clear up a couple of things.
10:27:13 On the banners and the flags.
10:27:15 If the banner has any lettering on it, it's a sign.
10:27:19 If you see a flag that's straight up and down and it
10:27:22 says dodge trucks on it, it's a sign.
10:27:24 And this new code addresses that.
10:27:26 No problem.
10:27:27 Now this new code says you can only pull a permit for
10:27:31 a banner twice a year, and you get it for 30 days.
10:27:35 So we have addressed that, you know.
10:27:37 Code enforcement has to pick up the other end of it.

10:27:44 The next thing I want to talk about is the electronic
10:27:47 sign issue.
10:27:47 Now that the city, when you looked at the code, we
10:27:50 almost mirror copied, mirror copied, Hillsborough
10:27:53 County code.
10:27:56 In everything except the electronic issue.
10:27:58 And you know the city owns quite a few electronic
10:28:01 signs.
10:28:01 And they are flashing, rolling, scrolling, what they
10:28:05 have got to do, and these are big projects that you
10:28:07 have.
10:28:08 Tampa Theatre, perform arts center, convention center,
10:28:11 and the aquarium.
10:28:14 And the motion is now to go for five minutes, get a
10:28:17 restriction of five minutes.
10:28:18 That motion was put in place.
10:28:20 But it did not take any city signs at all.
10:28:24 And comparing that we are following Hillsborough
10:28:25 County's code almost word for word except the
10:28:28 electronic signs, Hillsborough County had the
10:28:31 six-second delay on their signs.
10:28:33 Six-second delay.

10:28:34 Now, with a six-second delay, that would stop your
10:28:38 scrolling, your flag waving, any kind of flashing and
10:28:41 moving signs that you wanted to put up there.
10:28:45 But with the six-second delay, if you followed
10:28:49 Hillsborough County, and it's been in motion for four
10:28:52 years now and we haven't had any problems at all, so
10:28:54 what we would like to see is that the city make a
10:28:58 motion to go to a six-second delay, not only on all
10:29:01 the commercial signs, but the electronics, but also on
10:29:04 what the city owns, also.
10:29:06 And we again believe what's fair for the city is fair
10:29:09 for everybody in the commercial industry that owns an
10:29:12 electronic sign.
10:29:13 So that's where I am going with this.
10:29:15 But I want to make sure I clear up everything that you
10:29:18 might have some questions on.
10:29:20 And is there any questions would you like to ask me?
10:29:22 >>CHAIRMAN: Questions by council members?
10:29:26 No, thank you.
10:29:29 Would anyone else like to speak?
10:29:30 >>> Terry O'Neal, Tampa, Florida.
10:29:37 I think that this proposed revision has been debated

10:29:40 long enough.
10:29:41 I think it's a good opportunity to make some revisions
10:29:45 on the sign code.
10:29:46 And it's a good start.
10:29:48 There's some things in here that I have issues with,
10:29:51 but I think this is a really good revision to the sign
10:29:54 code.
10:29:54 And I think you should pass it simply because if we
10:29:57 keep on debating and keep on debating and we'll never
10:30:00 get anywhere with it and it's time to put it to bed
10:30:03 for right now.
10:30:04 >>CHARLIE MIRANDA: Thank you, Madam Chair.
10:30:07 I voted against this ordinance not because I wanted
10:30:09 to, but because I felt that I don't like to give
10:30:12 government something that the general public doesn't
10:30:14 have.
10:30:15 One.
10:30:17 And, two, I can understand a city sign that would say
10:30:21 left lane closed, it stays on permanently and so forth
10:30:24 and so on.
10:30:25 And but I don't understand of having signs at
10:30:29 different locations like was mentioned earlier that do

10:30:34 not conform with the same sign ordinance that we have.
10:30:37 On the flag side, I still can't differentiate between
10:30:41 a flag and a sign, or a banner.
10:30:45 And a sign.
10:30:46 They are different.
10:30:47 If I recall the ordinance.
10:30:49 So I just feel -- I hope you have the four votes that
10:30:53 are needed but I will not be voting for the honest for
10:30:57 those conditions.
10:30:57 >>GWEN MILLER: Would anyone else like to speak?
10:31:00 Mr. Caetano?
10:31:01 >>JOSEPH P. CAETANO: I was absent at the last meeting
10:31:03 when this vote came up.
10:31:05 And I have noticed recently, I see in the county, not
10:31:09 in the city, big trucks, and they have a sign painted
10:31:14 on the truck, and the truck sits in the parking lot
10:31:17 all day.
10:31:18 And that's what they are doing.
10:31:21 So they are skirting the county ordinances by putting
10:31:25 this.
10:31:25 And I did call Mr. Norman's office about this.
10:31:29 And I don't know whether there are any in the city.

10:31:32 But I cannot, as Charlie says, we can't get the
10:31:36 government something and the private industry -- and
10:31:40 I'm sure there are churches, I don't know, Reverend
10:31:43 Scott, do you have a sign at your church?
10:31:46 >>> I have a sign.
10:31:50 >> Electronic sign?
10:31:53 >>CHARLIE MIRANDA: It says vote for Joe Caetano.
10:31:56 >>LINDA SAUL-SENA: It doesn't change every five
10:31:58 minutes.
10:31:59 >> Businesses are having a hard time, and if we are
10:32:02 going to put more restrictions on them I think there
10:32:05 needs to be more changes in this.
10:32:06 I will not support it.
10:32:07 >>GWEN MILLER: Is there anyone else in the public that
10:32:10 wants to speak?
10:32:11 >>LINDA SAUL-SENA: I just want to speak on behalf of
10:32:12 Rose Ferlita who is a small business person and who
10:32:16 labored to come up with citizens of all different
10:32:18 backgrounds.
10:32:20 For two and a half years to come up with this and what
10:32:23 we have before us is a compromise that most folk agree
10:32:25 with.

10:32:25 I'm sorry it looks like we don't have enough votes to
10:32:27 pass this today.
10:32:28 But rose worked so hard on this.
10:32:31 When she left she said, please do something with it.
10:32:35 So do we vote or do we continue it?
10:32:37 >>CHAIRMAN: Continue it for one week.
10:32:39 >>CHARLIE MIRANDA: So moved to continue for one week.
10:32:41 >> Second.
10:32:41 (Motion carried).
10:32:42 >>LINDA SAUL-SENA: Madam Chairman, do we need to set a
10:32:46 particular time when it will come back next week is
10:32:49 our CRA meeting.
10:32:49 >>MARTIN SHELBY: You need to set it on a --
10:32:52 >>LINDA SAUL-SENA: Because next week is our CRA
10:32:54 meeting.
10:32:54 So we need to set it up at 5:30?
10:32:57 >>> I was going to suggest set it for 5:30.
10:33:02 69 all right, 5:30.
10:33:04 All in favor of the motion say Aye.
10:33:05 (Motion carried)
10:33:08 Number 81.
10:33:08 Is there anyone in the public that wants ton speak on

10:33:11 81?
10:33:12 We need to close.
10:33:12 >> So moved.
10:33:14 >> Move to close.
10:33:15 (Motion carried).
10:33:16 >>CHAIRMAN: Mr. Caetano, would you read that, please?
10:33:20 >>JOSEPH P. CAETANO: An ordinance of the city of
10:33:22 Tampa, Florida amending.
10:33:24 >>GWEN MILLER: Adopt.
10:33:25 >> Ordinance 2007-141 by correct ago scrivener's
10:33:29 error, providing the graphic insert, diagram, 6.2 for
10:33:33 section 27-126, accessory structures, providing for
10:33:37 repeal of all ordinances in conflict, providing for
10:33:42 severability, providing an effective date.
10:33:45 >>GWEN MILLER: You need to say adopt the second
10:33:48 reading.
10:33:49 >>> To adopt this for second reading.
10:33:51 >>CHAIRMAN: Okay.
10:33:52 We have a motion an second.
10:33:53 Vote and record.
10:33:56 >>MARTIN SHELBY: You are going to have to use your
10:33:58 own, council members, please.

10:34:07 >>THE CLERK: Motion carried unanimously with
10:34:10 Dingfelder and Mulhern being absent.
10:34:13 >>CHAIRMAN: Is there anyone in the public that wants
10:34:15 to speak on items 82 through 100?
10:34:18 Would you please stand and raise your right hand.
10:34:24 (Oath administered by Clerk).
10:34:32 >>GWEN MILLER: We need to open item 82.
10:34:35 >> So moved.
10:34:35 >> Second.
10:34:36 (Motion carried).
10:34:36 >>MARTIN SHELBY: Before you take action, I believe
10:34:38 there are items that have been available for public
10:34:40 inspection, written e-mails, move to receive and file.
10:34:46 That motion, please.
10:34:53 >>CHAIRMAN: Need a motion to receive and file.
10:34:55 >> So moved.
10:34:56 >> Second.
10:34:56 (Motion carried).
10:34:57 >>GWEN MILLER: Julie, do number 12?
10:35:01 >> Julie Kabougeris, legal department.
10:35:06 This is a unification of separate agreements that the
10:35:08 city has already entered into previously.

10:35:11 And administration is meeting with FDOT next week to
10:35:16 discuss the issues.
10:35:17 However, the unifications are separate agreements.
10:35:23 We would like to you move forward today.
10:35:25 >>LINDA SAUL-SENA: Thank you.
10:35:27 Did you hear the conversation previously at council?
10:35:30 >>> I was working.
10:35:31 >> Well, our conversation was this: Currently, these
10:35:36 agreements say that the city picks up the entire tab
10:35:39 on maintenance.
10:35:40 And we want to provide the administration some
10:35:44 additional leverage to get FDOT to pick up their tab
10:35:47 on at least this portion. So we would like you to
10:35:55 hold this so that the city can have a little more
10:35:58 oomph in our conversations with FDOT.
10:36:00 So based on that, we are going to continue this.
10:36:04 What is the date of your meeting with FDOT?
10:36:07 >>> I believe the administration is meeting Friday of
10:36:13 this week?
10:36:16 >> Of next week.
10:36:17 We could put it on our agenda for the 15th. So I
10:36:20 move we continue item number 12 to the 15th.

10:36:24 >> Can I ask Julia a question?
10:36:27 On Nebraska Avenue, the FDOT is remodeling that and
10:36:33 making a little wider in certain spots.
10:36:36 Who takes care of the maintenance of whatever plans
10:36:40 that are put in once it's done?
10:36:42 >> That depends on the agreement.
10:36:49 I'm not sure what the sections are.
10:36:57 >>LINDA SAUL-SENA: Anytime we do anything nice, the
10:37:00 city has to pick up the tab on the maintenance.
10:37:02 And that's one of the things that the city is going to
10:37:04 be negotiating, and that's really an excellent point.
10:37:07 Because that hasn't been installed yet.
10:37:09 And we need to negotiate that stuff now.
10:37:11 The Department of Transportation said anytime you do
10:37:14 anything night, don't -- I hope Tau some iron pills
10:37:21 before this conversation with the FDOT because we
10:37:23 really need to be tough on this.
10:37:24 They need to pick up the basic maintenance costs and
10:37:27 then we'll do the over and above stuff.
10:37:29 And the city has been not in a strong position on this
10:37:32 in the past and this is an opportunity for to us get a
10:37:34 little tougher.

10:37:38 >>CHAIRMAN: Motion and second.
10:37:39 (Motion carried)
10:37:40 Is there anyone in the public this wants to speak on
10:37:42 item 82?
10:37:46 Will you come up and speak now?
10:37:50 >>> Good morning.
10:38:01 Members of council, my name is John Crislitt, 4405
10:38:09 West Platt street in Beach Park.
10:38:12 My home is about one block from the subject property.
10:38:19 I wasn't here at the original hearing on the 18th.
10:38:25 But I did watch it on TV.
10:38:28 And I believe that there's some misunderstanding on
10:38:31 the part of council about the ability of the zoning
10:38:38 manager to make interpretations of the law, and those
10:38:42 interpretations being appealable to the City Council.
10:38:49 I'd like to be considered an expert on zoning.
10:38:54 I think councilwoman Saul-Sena and councilman Scott
10:38:58 are somewhat familiar with my qualifications.
10:39:02 If you want to take the time, I can go through the
10:39:05 rest of them.
10:39:10 In administering the city zoning code, whenever
10:39:13 there's a lack of specificity in the text, zoning

10:39:19 manager may interpret the wording to clarify.
10:39:22 This was a case when the zoning manager decided that
10:39:27 upholstering can be deemed a domestic craft, although
10:39:30 it's not precluded in in the examples of such craft in
10:39:34 chapter 27.
10:39:35 Of the code.
10:39:36 Chapter 27 provides the standards for home
10:39:39 occupations.
10:39:43 Such interpretations may be contested, though, and
10:39:46 appealed to the City Council.
10:39:48 And I don't believe that interpretation, as far as I
10:39:50 know, was not contested.
10:39:53 However, when the requirements of the code are clear
10:39:56 cut and straightforward, they must be complied with,
10:40:00 and neither interpretation nor appeal is required or
10:40:04 allowed.
10:40:08 If a change is desirable in the specific wording of
10:40:12 the code, such changes in the text must come to the
10:40:14 full amendment process.
10:40:17 Therefore, the new wording would apply equally to all
10:40:20 properties in the city, not just to a single property.
10:40:24 The requirements of the code in chapter 27, paragraph

10:40:28 D and E, were not followed when they were set aside by
10:40:32 City Council, when considering special use via V-07-54
10:40:38 on October 18th.
10:40:40 Paragraph D of chapter 27 provides that there shall be
10:40:44 no change in the outside appearance of the building or
10:40:47 premises as a result of such occupation, with the
10:40:52 exception of the name plate.
10:40:54 The code goes on to specify the size and location of
10:40:57 such name plates.
10:40:59 The petitioners under oath on the October 18th
10:41:04 hearing testified they planned to replace the garage
10:41:06 doors with a regular entry door and a window for
10:41:10 greater illumination.
10:41:12 These changes are clear violation of paragraph D of
10:41:15 chapter 27, therefore illegal.
10:41:18 But more importantly, paragraph E of chapter 27 states
10:41:23 that no home occupation shall be conducted in an
10:41:28 accessory building.
10:41:30 Chapter 27 clearly requires that the home occupation
10:41:33 be conducted in the dwelling process and even
10:41:37 specifies the percentage of the dwelling square
10:41:41 footage that can be used for the home occupation.

10:41:45 >>GWEN MILLER: Your time is up, sir.
10:41:47 >>> I have a waiver from Maria Sullivan who is in the
10:41:51 audience, her three-minute time.
10:41:53 >>CHAIRMAN: You get one minute for that.
10:42:03 >>> All right.
10:42:04 Again paragraph E of chapter 27 states no home
10:42:08 occupation shall be conducted in any accessory
10:42:10 building.
10:42:11 Chapter 27 clearly requires the home occupation be
10:42:14 conducted in the dwelling proper and everyone
10:42:16 specifies percentage of the dwelling square footage
10:42:19 that can be used for the home occupation.
10:42:21 The decision of City Council to allow detached free
10:42:24 standing garage be used for home occupation was
10:42:27 clearly in conflict with the city zoning code.
10:42:30 The use of the petitioner's present home on San
10:42:33 Nicholas for an upholstery shop is an attached garage
10:42:37 which is part of the dwelling, and which is allowed
10:42:40 under chapter 27.
10:42:42 But that right cannot be transferred to the Azeele
10:42:45 location because their garage is not attached.
10:42:48 So I strongly urge the council members to revisit your

10:42:52 decision at the previous hearing and to abide by the
10:42:56 clearly spelled-out requirements of chapter 27.
10:42:58 Thank you.
10:42:59 >> Thank you.
10:43:00 Next speaker.
10:43:03 >>LINDA SAUL-SENA: I have a question four.
10:43:06 If you would briefly share how many years were you the
10:43:08 planning director and how many years have you been a
10:43:12 zoning hearing officer?
10:43:14 >>> Well, I began advising the City Council in 1961,
10:43:22 when I was a member of the Planning Commission staff,
10:43:24 until the point write became Executive Director.
10:43:28 Then another member of the staff was responsible for
10:43:30 that.
10:43:31 I'm in my 24th year as zoning hearing master for
10:43:35 Hillsborough County.
10:43:36 >>LINDA SAUL-SENA: Thank you.
10:43:39 And thank you for your service.
10:43:43 >>> Betty P. Curslip, 4405 West Platt.
10:43:55 I also have permission to also represent ten neighbors
10:43:58 on Platt Street, Mr. and Mrs. James Hargin and
10:44:01 Mr. and Mrs. Joe Mooseberry, both of whom were

10:44:06 notified of this change.
10:44:09 The council needs to consider that your October
10:44:14 18th decision was not about a simple home
10:44:17 occupation.
10:44:19 Council created a free standing upholstery shop in an
10:44:23 accessory building, unattached to the residence, with
10:44:29 planned modifications that would make it no longer
10:44:31 usable as a garage.
10:44:34 In doing this, you have divided a residential lot into
10:44:40 two land use categories, one a residential use, and
10:44:43 the other a commercial use per your own zoning code.
10:44:49 This, in effect, is spot zoning.
10:44:52 Spot zoning.
10:44:54 Did you consider the future uses for this free
10:44:58 standing building?
10:45:02 The Gays testified under oath they were probably
10:45:04 retiring from business in five years.
10:45:06 What commercial use will go into this free standing
10:45:09 building then when it may not be economically feasible
10:45:14 to reconvert it to a garage?
10:45:17 The Gays are planning to air condition the former
10:45:21 garage so it would then be appropriate to any member

10:45:24 of commercial usage and even as a mother-in-law
10:45:28 apartment.
10:45:30 When the Gays testified, they said that they were
10:45:33 unable to sell the Azeele house which they had bought
10:45:37 as a speculated investment and to which they had made
10:45:42 costly improvements.
10:45:44 The Gays thus joined a large group of Tampa residents
10:45:48 who are unable to unload speculated property, and they
10:45:53 are calling on you as City Council members to help
10:45:56 bail them out through allowing this intrusion of a
10:46:01 commercial use into a neighborhood that is today
10:46:05 totally residential.
10:46:08 Please reconsider your October 18th decision which
10:46:12 came at the last item on your agenda after a very long
10:46:17 day, and perhaps did not get the attention you would
10:46:20 normally give to such an important and far-reaching
10:46:24 change.
10:46:25 Thank you.
10:46:25 >>GWEN MILLER: Thank you.
10:46:26 Next speaker.
10:46:34 >>> Good morning.
10:46:35 My name is Nicole Vander Croft.

10:46:38 My husband Rotonda Allen and I reside at 3802 Robin
10:46:43 lane.
10:46:43 We are kind of around the corner from the property.
10:46:45 I also have permission to represent Jim and Robin
10:46:48 Dunn.
10:46:48 They live at 4409 west Del Avenue, and their property
10:46:53 actually abuts back to the property and very near the
10:46:58 garage, and not sure how to use this.
10:47:06 I do want ton read Robin Dunn's statement. This is a
10:47:12 garage that sits less than 10 feet from their children
10:47:19 play sets.
10:47:20 As a ten year resident of Beach Park I have strong
10:47:22 opposition to the variance request to the property at
10:47:24 4414 Azeele Avenue.
10:47:26 My home backs up to this property.
10:47:28 I have three three young children whose play set is
10:47:31 less than ten feet from the garage where this
10:47:32 upholstery business will be.
10:47:34 That's the photos.
10:47:36 I'm extremely uncomfortable with the business being
10:47:38 housed so close to where my children play, it is
10:47:40 unacceptable to me for delivery trucks, customers and

10:47:43 noise from the business to tab away from my family
10:47:46 enjoying their own backyard.
10:47:47 I also find it to be a huge safety usual with you my
10:47:50 children playing so close to this building.
10:47:53 I fear having a business so close to my home will
10:47:56 lower the property values and set a very bad precedent
10:47:58 for the future of Beach Park.
10:47:59 Beach Park is a beautiful residential neighborhood and
10:48:02 should remain just that.
10:48:05 Her husband as well sent an email message. I think
10:48:07 you all have received this.
10:48:09 Our home is located at 4409 Del Avenue and backs up to
10:48:12 this property at 4414 Azeele.
10:48:14 We strongly oppose this upholstery shop in our
10:48:18 historic 100% residential area.
10:48:20 We have three young children and the garage proposed
10:48:24 to convert is less than ten feet from their play sets.
10:48:27 This sets a very dangerous precedent that will empower
10:48:31 other investors to convert their empty homes into
10:48:34 businesses.
10:48:35 This should never be considered in a neighborhood lake
10:48:38 Beach Park.

10:48:38 I can be reached at 813-784-4883.
10:48:44 I am also against this for the same reasons.
10:48:46 And I also want to point out, I did read the
10:48:49 transcript from the previous meeting.
10:48:51 The petitioners did mention that they had letters of
10:48:55 support from their neighbors which is in their current
10:48:58 neighborhood.
10:48:58 But then also goes on to say, and the new
10:49:01 neighborhood, we have letters of support from the
10:49:02 neighbors all the way around us.
10:49:04 And that is not a true statement because the Dunns
10:49:07 property does abut up to their property.
10:49:09 So I want to thank you very much for allowing me the
10:49:11 time to voice my opinion.
10:49:13 >>GWEN MILLER: Thank you.
10:49:14 Next.
10:49:28 >>> I have three e-mails that I would like to have
10:49:31 submitted into the record.
10:49:32 >>GWEN MILLER: Hand it to the clerk, please.
10:49:34 My name is Emmy Purcell Reynold.
10:49:43 I'm the president of the Beach Park homeowners
10:49:45 association.

10:49:46 And I reside at 208 south Trask street in Beach Park.
10:49:52 We would love to welcome the Gays as new neighbors
10:49:55 living in their beautifully restored home on Azeele.
10:49:59 We do not welcome a commercial upholstery shop at that
10:50:02 location.
10:50:05 It was a very long day.
10:50:06 I was here trying to be with Margaret advise you I.
10:50:09 You guys heard this almost at 5:00 after a long day.
10:50:13 There was no one here left to give any opposition
10:50:15 testimony.
10:50:19 I have a map I want to show you of Beach Park.
10:50:22 The location where they want to have the upholstery
10:50:32 shop.
10:50:33 The blue houses are the people who have written
10:50:36 e-mails or signed a petition, or have called me saying
10:50:40 that they are very much opposed to a commercial
10:50:43 upholstery shop, special use, in our neighborhood.
10:50:49 At 1652 to 1655, petitioners gave testimony that they
10:50:54 had letters of support, and they had some support from
10:50:58 neighbors all around us.
10:51:01 And based on council's comments on the evidence, at
10:51:05 the very end of the hearing, they said -- I don't know

10:51:10 which council member -- somebody said, well, based on
10:51:13 all the evidence and all the testimony we have heard
10:51:15 today, I think they have met the conditions.
10:51:18 So I wanted to verify which neighbors supported it,
10:51:23 how many, because we presented at the first reading,
10:51:28 there was a petition with 22 names of residents, some
10:51:31 of those are included there. I also counted e-mails
10:51:36 or faxes of between 15 or 20 more in opposition to
10:51:38 this, so I wanted to find out, what's the evidence
10:51:42 that you guys said you got?
10:51:45 I got an entire copy of the file.
10:51:47 There were no letters of support or e-mails from a
10:51:51 single person in the file.
10:51:52 Since then I have gotten e-mails or calls from about
10:51:57 another 15 people saying that they did not -- either
10:52:03 were not aware of the intent, or they really wanted to
10:52:06 say they were not in agreement, specifically the
10:52:09 Dunns, who live directly behind the property, and,
10:52:18 4409 and 4414, I guess, there is a brand new homeowner
10:52:24 who just filed the other property that abuts the back
10:52:28 of their property.
10:52:29 They found out about this last night during a

10:52:33 Halloween party and they couldn't be here.
10:52:34 They are very upset.
10:52:35 When I saw nothing in the file in the evidence of
10:52:38 support, I didn't understand why you guys wouldn't
10:52:40 take into account the 22 notes in the petition and the
10:52:46 15 to 20 other e-mails.
10:52:48 A couple of neighbors who had got ten petition signed
10:52:51 were really upset about it passing the way it did.
10:52:54 They really took the bull by the horns and pulled
10:52:57 together.
10:52:58 (Bell sounds).
10:53:01 Also there's no parking on Azeele.
10:53:04 Beach Park is 100% residential.
10:53:06 Where are they going to put their cars if they don't
10:53:07 have a garage?
10:53:09 It's a single-lane driveway.
10:53:12 You can't park on Azeele.
10:53:13 We don't think an upholstery shop is the intention of
10:53:17 domestic crafts of a home organization when the
10:53:19 ordinance was written, and Margaret Vizzi --
10:53:22 >>GWEN MILLER: Your time is up.
10:53:24 >>> So thank you very much.

10:53:25 >>GWEN MILLER: Next speaker.
10:53:32 >>> Good morning.
10:53:33 Thank you for the opportunity to speak this morning.
10:53:34 My name is Debra Faulk and I reside at 4001 west San
10:53:39 Nicholas street, 33629.
10:53:42 I am a direct neighbor, a current neighbor of the
10:53:46 Gays.
10:53:47 Both our houses sit at the intersection of Grady and
10:53:51 San Nicholas, catter-corner from each other and both
10:53:56 sit diagonally.
10:53:58 I have a home based business with a window that faces
10:54:01 their workshop directly without any obstruction.
10:54:03 I have lived across the street from the Gays for
10:54:06 search years.
10:54:07 And for the first two years I lived there I did not
10:54:10 even know they had a home based business.
10:54:12 My children at the time, when we moved in, were four
10:54:16 and seven.
10:54:17 And trucks were the least of our concerns at that
10:54:21 intersection. In fact the Gays even helped us get a
10:54:24 four way stop sign at that intersection for speeding
10:54:29 cars from Dale Mabry and Lois.

10:54:32 Nothing to do with their business.
10:54:33 I am happy to talk with any of the neighbors of Beach
10:54:35 Park to tell them what kind of neighbor the Gays are
10:54:37 and what kind of business they run.
10:54:41 During let's say the five years I was very aware of
10:54:43 their business, I have never heard noise, witnessed
10:54:46 commercial traffic, truck traffic specifically, and
10:54:50 cars, or any additional cars in their driveway, or in
10:54:52 the street because of their business.
10:54:54 In fact they only own one vehicle in that home.
10:55:01 They have never ever seen any negative impact on our
10:55:03 neighborhood from this business.
10:55:04 Only benefit.
10:55:05 The benefit of having somebody home, you know, 24-7,
10:55:11 somebody around during the day, to keep close tab on
10:55:13 the neighborhood to see what's happening, to be
10:55:15 active, to take care of those who can't take care of
10:55:17 themselves.
10:55:19 Their home is immaculately maintained as I talked
10:55:23 about last time I was here.
10:55:24 They went through great care and expense to save a
10:55:27 grand tree.

10:55:28 Recently that was actually deemed by the city, was
10:55:31 recommended by the city to take it down but they said
10:55:33 they wanted to save it and keep something like that in
10:55:35 our neighborhood.
10:55:38 I guess my final point would be again, I think it's
10:55:44 ironic that the Gays can conduct this particular
10:55:46 business inside their home in their living room.
10:55:51 They can be doing in the their living room, without
10:55:53 curtains on the window, perfectly legal and able to do
10:55:56 that.
10:55:57 What they choose to do, again being a good neighbor,
10:55:59 is put it in a garage that would be unused, and as
10:56:03 best as I know, that's currently 80 feet from the
10:56:07 street, well back from the home, which won't be seen.
10:56:09 So I thank you for your time this morning.
10:56:11 Again as a neighbor, I welcome your questions.
10:56:14 >>GWEN MILLER: Thank you.
10:56:15 Would anyone else like to speak?
10:56:17 Petitioner?
10:56:18 You want to speak first?
10:56:20 Okay.
10:56:22 >>CATHERINE COYLE: Land development.

10:56:24 I want to clarify a couple points for the record to
10:56:26 remind you exactly why we are here.
10:56:31 You should have your staff report.
10:56:35 At the last hearing, the property is one property, the
10:56:39 corner of Azeele and Hesperides.
10:56:43 It was my determination this particular request was
10:56:46 inconsistent with the city code.
10:56:48 Based on the fact that through the S-1 application as
10:56:52 the zoning administrator I cannot waive any of the
10:56:55 criteria, and the one criteria they were denied for
10:56:58 was operating the home occupation within an accessory
10:57:00 structure.
10:57:01 It does need to be within the principal structure and
10:57:03 cannot occupy more than 25% of that floor area.
10:57:07 Just to remind you how the site is laid out.
10:57:19 The map.
10:57:19 House is here. This is Azeele.
10:57:21 The driveway leading back to the garage area, which is
10:57:24 where they were requesting the home occupation to be
10:57:29 based.
10:57:29 To give you a little history on this particular
10:57:31 application as noted in the staff report, the

10:57:33 interpretation of an upholstery business as a domestic
10:57:38 craft, or as a home based business, was made in 1997
10:57:42 when they received their first special use in Palma
10:57:44 Ceia.
10:57:45 This is a historical interpretation of the code.
10:57:48 It is a use that is not specifically mentioned in the
10:57:50 code as noted by the previous speaker.
10:57:53 Under section 27-372 the zoning administrator has the
10:57:57 ability to classify certain uses that are not
10:58:00 particularly listed in the code, as other uses that
10:58:03 are in the same character or operated in the same
10:58:06 manner.
10:58:07 This upholstery business is bound to fit under that
10:58:11 domestic craft, seam instruments or tailor, of a home
10:58:15 occupation, but met the criteria in 1997 in the home
10:58:20 in Palma Ceia. The code does say specifically that
10:58:24 the way I interpret it is a one-time occurrence, but
10:58:27 there is no other amendment needed to this particular
10:58:29 chapter.
10:58:30 That interpretation is on all officers of the city.
10:58:35 Final paragraph in that section of the code says that
10:58:37 I'm obligated to change the code when that particular

10:58:40 use is found to be common or recurrent.
10:58:42 This is the only application for an upholstery
10:58:45 business, a home occupation that I have seen in my
10:58:48 tenure of six and a half years with the city. This is
10:58:50 the only one that is considered recurrent at this
10:58:52 point.
10:58:53 If this were to continue to oh recur I would probably
10:58:57 amend it in the January cycle to added a this language
10:59:00 to the code.
10:59:01 But I just wanted to reiterate for the record that we
10:59:03 did find it inconsistent because they are waiving a
10:59:06 piece of the code and that is really what you are here
10:59:08 to decide is whether or not you want to grant the
10:59:10 waiver to allow the home occupation outside of the
10:59:13 principal structure.
10:59:13 At the previous hearing, it appeared that council
10:59:16 wanted to approve it.
10:59:20 And the compromise brought up by a council member was
10:59:23 to have it linked only to furniture upholstery itself.
10:59:27 And finally, if I could, just to remind you, the
10:59:32 petitioner hasn't spoken, and they should be afforded
10:59:34 the right to speak in rebuttal.

10:59:37 >>LINDA SAUL-SENA: Thank you, Ms. Coyle.
10:59:39 I have a question about the code.
10:59:43 I thought that when something was in the code, like,
10:59:45 let's say, you can't have a bar in a residential area,
10:59:47 that you can't appeal that because it's in the code,
10:59:50 it's just a given.
10:59:52 Like the uses that are available in a particular
10:59:56 zoning category are only those uses.
10:59:58 So my question to you is, how would this individual
11:00:02 allowed to even request the use in an accessory
11:00:08 structure when the code specifically says no home
11:00:17 occupation as loud in an accessory structure?
11:00:19 >> Well, the home in palm a see is in the house.
11:00:22 >> Correct.
11:00:23 How is the petitioner allowed to make a request to put
11:00:25 a home occupation in an accessory structure when our
11:00:28 code specifically says no home occupations are allowed
11:00:31 in accessory structures?
11:00:33 >>> They have not been allowed to do it.
11:00:35 They are here requesting that waiver.
11:00:37 >> Correct.
11:00:37 What I'm saying, is, how are you allowed to ask for

11:00:41 something that the code clearly says you can't do?
11:00:44 >>> You're allowed to ask for anything.
11:00:48 Through the appeal process, if I deny them on one of
11:00:50 the criteria they can appeal to you to ask you to
11:00:53 overturn my decision granting that waiver.
11:00:55 >>: Got you.
11:00:59 Thank you.
11:01:00 >>GWEN MILLER: Petitioner?
11:01:09 >>> Good morning.
11:01:10 Thank you for seeing me again.
11:01:11 My name is Karen Gay.
11:01:12 My address is 3916 San Nicholas street.
11:01:17 You pretty much know the situation now.
11:01:21 We had a home based business for ten years.
11:01:24 We have been very good neighbors.
11:01:27 In reference to the neighbors of the new house, the
11:01:31 neighbors on either side of the residence have signed
11:01:34 a petition agreeing for us to move in and be neighbors
11:01:39 of theirs.
11:01:39 The two houses directly across the street have signed
11:01:43 the same petition.
11:01:44 The two neighbors behind the old neighbor that just

11:01:49 sold and moved we had support but just sold a month
11:01:54 ago.
11:01:54 I did talk to Mrs. Dunn.
11:01:56 She was in favor but hasn't signed anything but her
11:01:59 husband being home, I called later and left a voice
11:02:01 mail.
11:02:02 He never called me back.
11:02:04 So I made every attempt to contact all the neighbors
11:02:06 around us to make sure there would be no objection.
11:02:10 If I can show you pictures again.
11:02:15 This is where our home is now and where our business
11:02:18 is.
11:02:19 The business is where the double blue doors are so we
11:02:24 are at the very front of the house.
11:02:26 We are very visible on a corner lot there.
11:02:32 This is the house that we own.
11:02:33 We want to move into.
11:02:35 As you can see, the garage is almost hidden, at the
11:02:40 very back of the property.
11:02:41 I might also note that two neighbors, we currently
11:02:44 have, one has been there seven years.
11:02:47 And when I went with the petition, he said, you have a

11:02:50 business there?
11:02:50 He had no idea at all.
11:02:52 Another woman said, you're like two little elves.
11:02:55 We never know anyone is there.
11:02:57 We are very quiet.
11:02:58 We are very low key.
11:02:59 We are trying to gear down to retirement.
11:03:02 We are both in our 60s.
11:03:04 This is not a business we want to increase.
11:03:07 Obviously it has one driveway.
11:03:09 That's sufficient for us.
11:03:11 We have deliveries made in vans.
11:03:13 We have an unmarked van.
11:03:15 We pick up supplies.
11:03:18 The neighbors don't even know we are there.
11:03:24 >>GWEN MILLER: Question by council members?
11:03:26 We need to close the public hearing.
11:03:32 >>MARTIN SHELBY: Are you through, ma'am?
11:03:33 I'm sorry.
11:03:33 >>> I'm done.
11:03:35 >>GWEN MILLER: Need to close the public hearing.
11:03:36 >>CHARLIE MIRANDA: So moved.

11:03:38 >>LINDA SAUL-SENA: Second.
11:03:39 >>CHAIRMAN: Motion and second to close.
11:03:40 (Motion carried)
11:03:41 Mr. Caetano, do you want to read that for second
11:03:45 reading and adoption?
11:03:47 82.
11:03:51 >>JOSEPH P. CAETANO: An ordinance being present for
11:03:53 second reading, an ordinance approving a special use
11:03:55 permit S-1 on appeal from a decision of the zoning
11:03:59 administrator allowing a home occupation, upholstery
11:04:03 business, to occur in an accessory building in an
11:04:06 RS-75 residential single-family zoning district in the
11:04:11 city of Tampa, Florida and more particularly described
11:04:14 in section 1, allowing a home occupation to be
11:04:18 conducted in an accessory building, providing an
11:04:20 effective date.
11:04:24 >>GWEN MILLER: Question on the motion?
11:04:26 >>THOMAS SCOTT: Well, I am not going to support the
11:04:28 motion.
11:04:29 >>MARTIN SHELBY: Did I hear a second?
11:04:30 I'm sorry.
11:04:30 >>GWEN MILLER: No, we didn't get a second.

11:04:34 >>CHARLIE MIRANDA: If I can speak.
11:04:38 Let me just say to the general public how the process
11:04:41 is.
11:04:41 When the chair, whoever the chair may be, asks for
11:04:44 council member to read something, it doesn't mean that
11:04:47 council member is for or against the item.
11:04:48 I think it's incumbent upon us to put it on the table
11:04:53 like Mr. Caetano did at the request of the chair. If
11:04:55 not, we would be here for two days staring at each
11:04:58 other and nothing gets moved one way or the other.
11:05:01 So I want to explain the process that we are going
11:05:04 through, so that the public is fully aware how
11:05:08 business is conducted.
11:05:09 And they don't say, how come he went and made the
11:05:12 motion?
11:05:13 He or may be against it but he or she was asked and
11:05:17 certainly has the right to vote for or against the
11:05:19 same motion they made.
11:05:20 And if I am incorrect, correct me.
11:05:22 >>MARTIN SHELBY: Council, it may have been a
11:05:24 misinterpretation on my part.
11:05:25 Florida statutes requires that an ordinance be read.

11:05:28 Mr. Caetano did not say I move to adopt on second and
11:05:30 father-in-law reading.
11:05:31 I assume there was an ordinance but there was no
11:05:33 second.
11:05:33 So obviously that was just a plain reading of the
11:05:36 ordinance.
11:05:36 Normally -- my mistake, I clearly understand: He did
11:05:45 not say he moves to adopt it.
11:05:46 >>GWEN MILLER: I see.
11:05:47 >>MARTIN SHELBY: However, Robert's Rules of Order do
11:05:49 require that the maker of the motion vote in support
11:05:51 of it.
11:05:52 But the seconder does not have to.
11:05:54 So obviously, first of all, it appears there was no
11:05:58 motion.
11:06:01 Was it your intention to make a motion?
11:06:03 >>GWEN MILLER:
11:06:04 >>JOSEPH P. CAETANO: In a, it wasn't.
11:06:05 >>GWEN MILLER: Dies for lack of second.
11:06:07 >> But we shouldn't be having discussion because there
11:06:11 wasn't a second.
11:06:12 So you can't have any discussion on a motion that

11:06:14 doesn't exist.
11:06:14 >>GWEN MILLER: It dies for lack of a second.
11:06:18 >>THOMAS SCOTT: I was going to say, thank you for
11:06:20 being here today, who has experience in Hillsborough
11:06:25 County as being hearing master and I value your input.
11:06:28 I have read many of your opinions over the past.
11:06:30 And I appreciate you coming down today and also giving
11:06:32 us some insight on this particular item.
11:06:35 So Madam Chair, do we need to make a motion to deny?
11:06:42 >>GWEN MILLER: Yes.
11:06:42 >>JULIA COLE: Legal department.
11:06:46 I know there was a motion to read the ordinance.
11:06:48 But I think the more appropriate motion then is to go
11:06:50 ahead and move to deny it without reading the
11:06:53 ordinance.
11:06:53 >>THOMAS SCOTT: Then I will make that motion, Madam
11:06:56 Chairman, to deny.
11:06:59 Just base on the fact according to our zoning hearing
11:07:06 administrator to affirm her recommendation.
11:07:11 >> Second.
11:07:11 >>CHAIRMAN: Question on the motion.
11:07:13 Mrs. Saul-Sena.

11:07:14 >>LINDA SAUL-SENA: Thank you.
11:07:15 I agree.
11:07:16 And the zoning administrator found that this is
11:07:18 inconsistent based on the requirement of section
11:07:21 27-272 special use criteria, that the home occupation
11:07:27 will be in an accessory building which is disallowed
11:07:31 understood our rules.
11:07:31 >>CHARLIE MIRANDA: Just for the record, to clarify,
11:07:35 does this give -- and I believe I heard correctly the
11:07:38 occupant of this home the right to have inside the
11:07:42 structure as long as it's within 25% of the structure?
11:07:48 >>CATHERINE COYLE: Land development.
11:07:49 Actually that application hasn't been made at this
11:07:51 point.
11:07:51 You're denying the one for the outside structure.
11:07:53 >> Right.
11:07:54 But I'm asking a question.
11:07:55 >>> I think it's a 12-month bar.
11:08:01 12-month bar if you get denied.
11:08:04 >>JULIA COLE: Legal department.
11:08:05 I think what I hear your question, can they come back
11:08:08 and request to have a special use permit to allow the

11:08:11 occupation to be within the building, not withstanding
11:08:14 what has happened today?
11:08:15 And I think we actually have to look at that because
11:08:18 typically you would have a 12-month bar for what you
11:08:21 have now been denied for.
11:08:22 But I don't know that this would be inclusive of that.
11:08:25 >> The reason I ask that, because in the prior
11:08:28 location, it has that right, in another location it
11:08:31 doesn't have that right.
11:08:32 And I'm just trying to equalize my own senses here to
11:08:35 see where this thing is going.
11:08:38 As far as the home occupational use.
11:08:41 >>JOSEPH P. CAETANO: Charlie, I think it was said
11:08:43 before that this occupation is permitted in the
11:08:47 residence but not in the accessory building.
11:08:49 So they wouldn't need to come to this body for a
11:08:53 permit.
11:08:53 >>> That's correct.
11:08:57 The only reason -- I think I need to clarify this for
11:09:00 everybody.
11:09:00 The only reason that they -- that this applicant
11:09:03 needed to have this hearing in front of City Council

11:09:06 was not to allow the home occupation business, but to
11:09:10 allow it to be conducted in the accessory structure.
11:09:13 In fact, what is really in front of you is a waiver of
11:09:16 that provision.
11:09:16 So it's really the way that you are denying, I would
11:09:20 have to review with Ms. Coyle whether or not by your
11:09:23 denial you would be barring this applicant from now
11:09:26 having that business within their home.
11:09:31 We wouldn't be able to really answer that question and
11:09:34 wouldn't recommend answering that question unless a
11:09:36 new application was submitted.
11:09:37 >> We have a motion and second on the floor for
11:09:40 denial.
11:09:40 All in favor that far motion say Aye.
11:09:42 Opposed, Nay.
11:09:43 (Motion carried)
11:09:44 We now go to item 83.
11:09:45 Is there anyone in the public that wants to speak on
11:09:48 item 83?
11:09:49 >>CHARLIE MIRANDA: Move to close.
11:09:52 >> Second.
11:09:52 (Motion carried)

11:09:55 >>THOMAS SCOTT: I move the following ordinance,
11:09:59 adoption on second reading, repealing ordinance number
11:10:04 589-A making lawful the sale of beverages containing
11:10:07 alcohol regardless of alcoholic content, beer, wine
11:10:10 and liquor, 4 PGC, for consumption on the premises
11:10:14 only in connection with a public golf course at or
11:10:17 from the certain lot, plot or tract of land locate at
11:10:21 11412 north Forest Hills drive, Tampa, Florida, as
11:10:25 more particularly described in section 3 hereof,
11:10:29 providing for repeal of all ordinances in conflict,
11:10:32 providing an effective date.
11:10:32 >>GWEN MILLER: I have a motion and second.
11:10:34 Vote and record.
11:10:38 >>CHARLIE MIRANDA: Excuse me, I pushed the wrong
11:10:40 button.
11:10:41 >>GWEN MILLER: Vote and record.
11:10:42 >> It's not coming up.
11:10:47 >>GWEN MILLER: It takes a second.
11:10:50 >>GWEN MILLER: Vote and record.
11:11:09 >>JOSEPH P. CAETANO: I'm getting confused here.
11:11:12 I hit at second time.
11:11:13 >> Must be made in China.

11:11:16 >>THE CLERK: Motion carried unanimously with Mulhern
11:11:18 and Dingfelder being absent.
11:11:19 >> Is there anyone in the public that wants to speak
11:11:21 on item 84?
11:11:24 >>CHARLIE MIRANDA: Move to close.
11:11:25 >> Second.
11:11:26 (Motion carried)
11:11:32 >>THOMAS SCOTT: Move the adoption upon second reading,
11:11:35 an ordinance repealing ordinance number 2003-327,
11:11:39 making lawful the sale of beverages containing alcohol
11:11:41 regardless of alcoholic content, beer, wine and liquor
11:11:46 4(COP-R), for consumption on the premises only in
11:11:49 connection with a restaurant business establishment on
11:11:51 that certain plot, plot or tract of land located at
11:11:56 3681 South Westshore Boulevard, Tampa, Florida, as
11:11:59 more particularly described in section 3 hereof,
11:12:02 wavering certain restrictions as to distance based
11:12:04 upon certain findings, providing for repeal of all
11:12:07 ordinances in conflict, providing an effective date.
11:12:14 >>LINDA SAUL-SENA: Second.
11:12:14 >>CHAIRMAN: We have a motion and second.
11:12:16 Vote and record.

11:12:21 >>THE CLERK: Motion carried unanimously with
11:12:23 Dingfelder and mill Mulhern being absent.
11:12:26 >>GWEN MILLER: Does anyone in the public want to speak
11:12:29 on item 85?
11:12:30 >> Move to close.
11:12:32 >> Second.
11:12:33 (Motion carried).
11:12:33 >>CHARLIE MIRANDA: I move to adopt the following
11:12:40 ordinance upon second reading, an ordinance making
11:12:42 lawful the sale of beverages containing alcohol
11:12:45 regardless of alcoholic content, beer, wine, liquor,
11:12:48 4(COP) for the consumption on premises, in sealed
11:12:51 containers, for consumption off premises in connection
11:12:52 with a private recreation facility establishment on a
11:12:55 certain lot, plat of land located at 1617 and 1631
11:13:00 North Franklin Street Tampa, Florida as more
11:13:02 particularly described in section 2 hereof waiving
11:13:04 certain restrictions as to distance based upon certain
11:13:07 findings, imposing certain conditions, providing for
11:13:10 repeal of all ordinances in conflict, providing an
11:13:12 effective date.
11:13:13 >>GWEN MILLER: Motion and second.

11:13:14 Vote and record.
11:13:20 >>THE CLERK: Motion carried unanimously with
11:13:22 Dingfelder and Mulhern being absent.
11:13:24 >>CHAIRMAN: Is there anyone in the public that wants
11:13:26 to speak on 86?
11:13:28 We are going to hear from the petitioner first.
11:13:31 Is the petitioner here?
11:13:32 Do you want to speak first?
11:13:38 >>> Grace Yang, 201 North Franklin Street, suite 2200,
11:13:49 Tampa, I have been sworn, representing Busch
11:13:51 entertainment corporation.
11:13:53 The wet zoning ordinance that a lot of people put a
11:13:57 lot of work into, we have imposed a number of
11:14:00 conditions onto this wet zoning to try to make it
11:14:05 flexible enough for the park to use but also sensitive
11:14:09 enough to neighborhood concerns and to make sure that
11:14:12 there is no negative impact on the surrounding
11:14:14 neighborhood.
11:14:16 I'm happy to answer any additional questions or
11:14:17 concerns from council members.
11:14:18 >>GWEN MILLER: Questions from council members?
11:14:21 We go to the audience.

11:14:22 Anyone want to speak?
11:14:26 >>> Good morning again.
11:14:27 I have been sworn in.
11:14:28 Terry Neal, Temple Crest civic association.
11:14:36 The residents who you have heard from, and e-mails in
11:14:38 fact had that conveyed that they do not approve of
11:14:41 this wet zoning.
11:14:42 So I do have to pass that along to you.
11:14:48 Last night I was looking at some photographs from our
11:14:50 neighborhood in the early 60s.
11:14:51 The neighborhood was very nice.
11:14:53 One of the things that was very interesting was Busch
11:14:55 Gardens, which was a gardens back then.
11:14:58 It's changed a lot since then.
11:15:00 And I do want to apologize to you, Mr. Miranda.
11:15:06 Three minutes is not a lot of times.
11:15:08 I made a comparison with Ybor City and the noise and
11:15:11 asked for some consideration for noise versus Busch
11:15:13 Gardens.
11:15:14 Reason I said that was, we are waiving a lot of
11:15:18 restrictions in this -- we are waiving a lot of code
11:15:21 on page 2 in regard to distance of homes from theme

11:15:25 parks and things.
11:15:25 And in the last ten years we have seen rollercoasters
11:15:29 being built in Busch Gardens.
11:15:31 And one of the concerns we have about noise is that
11:15:33 when you have got people -- and this is going to allow
11:15:36 people to go and drink alcohol and the park open till
11:15:38 1 a.m.
11:15:39 When you have people at the top of Sheik-Ra, which is
11:15:42 three stories tall within 500 feet of residences on
11:15:45 one side and 1,000 feet of residences on the other
11:15:48 side, every five minutes until 1 a.m. screaming at the
11:15:51 top of Sheik-Ra, and to go down into at a 90-degree
11:15:58 angle people get a letter nervous from all that noise.
11:16:02 That's what I meant by that and I do hope you
11:16:04 understand that.
11:16:04 With that said, I do know that you are trying to reach
11:16:09 a satisfactory compromise with this, and Busch Gardens
11:16:13 has worked with us, and we have -- well, Busch Gardens
11:16:17 has taken your advice, they have reached out to us, I
11:16:21 have invited them to our dinner in December, holiday
11:16:25 kitchen, which you all are going to get invitations
11:16:27 to, also.

11:16:29 So I hope that regardless of how you vote today that
11:16:34 we and Busch Gardens can use this as a reason to begin
11:16:37 a relationship as neighbors, and have a good working
11:16:43 relationship whenever we do have issues, and I
11:16:48 appreciate your time, your concern in this, listening
11:16:52 to the neighbors, and we will accept whatever you look
11:16:57 to do.
11:16:58 Thank you.
11:16:58 >>LINDA SAUL-SENA: Thank you.
11:17:02 >>> Gerald White, 8419 north 46th street.
11:17:06 I live within the community near Busch Gardens.
11:17:09 First of all, I'm concerned that council people are
11:17:13 not here today on what I believe is one of the most
11:17:16 important votes that council can make related to
11:17:20 public safety, and those alcohol.
11:17:25 Why are they not here?
11:17:29 >> They are at a conference.
11:17:33 Rail Volution.
11:17:33 >> It's extremely troubling one of the most important
11:17:36 decisions these two council people are not here.
11:17:38 I think they need to be here for a vote like this.
11:17:41 That's just my opinion as a citizen.

11:17:43 I want them here voting on alcohol issues.
11:17:45 Especially at Busch Gardens.
11:17:50 I hope that it will not kill the spirit of the park.
11:17:56 Under the influence of alcohol, I want the council to
11:17:59 make sure that the use and consumption of alcohol is
11:18:03 not limited and reserved for only special events.
11:18:09 Want it only for special events.
11:18:15 I'm worried about loss of control at the park with
11:18:18 alcohol.
11:18:19 I am concerned about safety.
11:18:20 About keeping a positive image of the park.
11:18:24 Busch Gardens is a tourist destination, very important
11:18:27 to our community.
11:18:30 It's a family park.
11:18:31 And that's the park to keep a good aim image not just
11:18:36 for the park but for the City of Tampa.
11:18:38 I have live in the community.
11:18:39 The park to me has always been responsible.
11:18:41 It's always been a good neighbor.
11:18:45 I'm happy it's in my community.
11:18:47 I'm heap that Busch Gardens is part of this city.
11:18:49 But I want the government, the City Council and the

11:18:51 Mayor Pam Iorio to just make sure under this ordinance
11:18:54 that if it passed that everything will be constant and
11:18:59 consistent, and that the chief of police will make
11:19:01 sure that the law enforcement officers are at these
11:19:06 exits.
11:19:06 I don't want this alcohol hitting the streets.
11:19:08 And I definitely don't want any free alcohol.
11:19:13 I can understand the beer and the wine but that high
11:19:15 content alcohol given out free and hitting the
11:19:17 streets.
11:19:18 We want to support Busch Gardens.
11:19:20 We want them to be successful.
11:19:21 My family do.
11:19:22 I believe the community wants Busch Gardens to be
11:19:25 responsible.
11:19:25 And I have no reason to believe as a citizen that they
11:19:28 will be irresponsible in this regard.
11:19:30 And so I support the effort of Busch Gardens.
11:19:34 I differ with my colleague, my community president.
11:19:38 I support Busch Gardens because they have always done
11:19:40 right by the community, they employ young people, they
11:19:46 just have always been a good spirit and done things

11:19:49 right.
11:19:49 I have seen things in the past at Busch Gardens they
11:19:52 have been correct to correct the wrong.
11:19:54 So I'm for what they are trying to do.
11:19:56 But I'm telling you, it just needs to be monitored.
11:19:58 They need to stay within the license, within the
11:20:01 restrictions.
11:20:01 Because this is a spirit.
11:20:03 And once responsible is intoxicated, they are no
11:20:06 longer under any kind of control.
11:20:09 So I would hope the chief would recognize this and
11:20:12 make sure at the exit -- and they are usually law
11:20:15 enforcement at the exit of the park monitoring what
11:20:18 goes on.
11:20:19 This is an important decision not just for our
11:20:21 neighborhood but for the entire City of Tampa.
11:20:23 When we have such a large facility that's going to be
11:20:26 involved in selling alcohol.
11:20:29 I am not, in want to make it clear in, support of free
11:20:33 alcohol related to high intoxication.
11:20:39 I don't want them leaving that park drunk.
11:20:42 I think it's sad for our city and bad for the image of

11:20:44 Tampa.
11:20:45 We don't need that.
11:20:46 Thank you so much.
11:20:47 (Bell sounds).
11:20:49 >>CHARLIE MIRANDA: I just want to clear my own mind.
11:20:51 It's much more difficult to get four out of five votes
11:20:54 than it is four out of seven votes.
11:20:56 Four fifths of a so, you have to get 80% of those
11:20:59 here, where if you had seven members here you only
11:21:01 need about, I don't know, 56.5%, my mind tells me.
11:21:05 So it's much more difficult and much more risky to
11:21:09 bring an item before council when you have five
11:21:10 members instead of seven members, because the odds
11:21:13 start to lean away from you.
11:21:15 And I'm not putting words into anyone's mouth,
11:21:18 anyone's thought.
11:21:18 But I believe the president of the association stated
11:21:22 in a general term, he may not like the outcome, but he
11:21:27 appreciates the effort that everybody had together.
11:21:30 And speaking for myself, I don't tan offense to
11:21:33 anything that happens in any government, including
11:21:35 here.

11:21:37 >>GWEN MILLER: Would anyone else like to speak?
11:21:42 >>LINDA SAUL-SENA: I have a question for the Busch
11:21:43 Gardens representative.
11:21:45 And my question is, there was some concern raise
11:21:50 earlier about the development of a more adult themed
11:21:53 portion of the park, similar to Disney's adult
11:21:58 section, I forget what it's called, but it would be
11:22:01 like an ongoing component of what Busch Gardens
11:22:05 offers.
11:22:06 And my understanding about the request before is that
11:22:09 it's more special event oriented.
11:22:11 Could you clarify that?
11:22:13 >>> Yes.
11:22:17 Busch Gardens and adventure island parks are going to
11:22:20 remain family friendly.
11:22:22 You may be aware there's a new attraction that they
11:22:25 are investing millions of dollars in right now at
11:22:27 Busch Gardens called JANGALA, I think it's about an 8
11:22:33 to 12-year-old category, so it's going to continue to
11:22:37 appeal to families and to children, it's going to be a
11:22:41 family friendly park.
11:22:44 We specifically worked hard with the zoning staff and

11:22:46 with the city attorney's office taking input from
11:22:51 three neighborhood associations, Tampa alcohol
11:22:53 coalition, the police department, to make sure that
11:22:56 there are enough conditions in this ordinance to
11:22:59 ensure that the distilled spirits, for example, are
11:23:04 only going to be served during special events as are
11:23:08 defined in your ordinance.
11:23:09 The distilled spirits service would stop at 11 p.m.,
11:23:14 seven days a week.
11:23:15 So you would not be able to create the kind of, I
11:23:19 think, Disney's Pleasure Island atmosphere that there
11:23:22 are fears of.
11:23:24 The distilled spirits stop at 11 p.m., for events that
11:23:29 even go that late and the parks usually are not open
11:23:32 that late.
11:23:32 The beer and wine would stop at 1 a.m.
11:23:35 So they are tied to the special events for the
11:23:38 distilled spirits.
11:23:39 The park would continue to remain family friendly at
11:23:43 adventure island as well as Busch Gardens.
11:23:45 We tried to build in those conditions to ensure that
11:23:48 the city is comfortable with the ordinance as it will

11:23:52 be passed.
11:23:55 Busch Gardens and adventure island have a long track
11:23:59 record of being responsible alcohol vendors, being
11:24:01 responsible community neighbors in that area.
11:24:03 They take their service of alcohol very seriously.
11:24:06 And I do not anticipate that that would ever change.
11:24:10 For all these special events, all the alcohol will be
11:24:13 served and sold by Busch entertainment corporation
11:24:16 employees.
11:24:18 So Busch Gardens would control the sale and the
11:24:21 service of alcohol at any event on their property.
11:24:24 They are not going to be allowing any outside people
11:24:27 to come in to serve the alcohol.
11:24:28 And that's an additional control to make sure that
11:24:33 this alcohol is served responsibly and you do not have
11:24:36 visitors leaving the park drunk and hurting people in
11:24:38 the community.
11:24:42 >>JOSEPH P. CAETANO: I respect Mr. White's comments,
11:24:44 and also Mr. Terry Neal.
11:24:47 Now, Busch Gardens is a great economic developer for
11:24:51 this city.
11:24:51 I believe they pay the Tampa Police Department

11:24:54 somewheres about a million dollars a year.
11:24:57 And when I look down at the other end down in Ybor
11:24:59 City, where we have 50 police officers who we don't
11:25:03 get paid for, and the city is paying for that.
11:25:06 And I'm sure Busch Gardens is not going to jeopardize
11:25:09 their reputation.
11:25:12 And I will support their effort.
11:25:17 >>THOMAS SCOTT: Let me echo that and say that Busch
11:25:19 Gardens has been a great asset to this community.
11:25:22 In terms of economic development, job opportunity, and
11:25:27 have done a great job in protecting their reputation.
11:25:30 And you're right, councilman Caetano, they don't want
11:25:33 to do anything that would jeopardize that.
11:25:36 Anytime you go by there, you will see police officers
11:25:38 there, security, and that sort of thing.
11:25:41 And I think they will continue to do that in the best
11:25:43 interest not only of the citizens of this community
11:25:45 but also for their own reputation.
11:25:48 So with that in mind I believe that they will make
11:25:53 sure as they move forward that they will protect that.
11:25:56 And I am going to support the motion.
11:25:58 And I want to thank you also for meeting with the

11:26:00 neighborhood associations.
11:26:02 >>GWEN MILLER: We need to close the public hearing.
11:26:04 >> So moved.
11:26:05 >> Second.
11:26:05 (Motion carried)
11:26:09 >>CHARLIE MIRANDA: I move to adopt the following
11:26:11 ordinance --
11:26:13 >> We have a substitute.
11:26:14 >> Do you have a substitute.
11:26:16 >>CHARLIE MIRANDA: Take it easy.
11:26:18 [ Laughter ]
11:26:24 Notice when you think they got you they run to the.
11:26:26 (Motion carried).
11:26:26 And when they ask a question they walk to the mike?
11:26:31 You have to notice these things.
11:26:32 I do and I keep in the mind.
11:26:34 Thank you very much.
11:26:36 Let me say it again.
11:26:37 You move to adopt the following ordinance upon second
11:26:39 reading as substituted, an ordinance repealing
11:26:43 ordinance number 91-235, 89-310 and 7355th 1-A
11:26:50 making lawful the sale of beverages containing alcohol

11:26:55 regardless of alcoholic content beer, wine and liquor
11:26:58 4(COP-X) for consumption on the premises in connection
11:27:00 with a business establishment on that certain lot,
11:27:03 plot or tract of land located at 4545 east
11:27:06 Bougainvillea Avenue and 3000 east Busch Boulevard and
11:27:11 9415 north McKinley drive, Tampa, Florida as more
11:27:16 particularly described in section 3 hereof waiving
11:27:19 certain restrictions as to distance based upon certain
11:27:21 findings, imposing certain conditions, providing for
11:27:24 repeal of all ordinances in conflict, providing an
11:27:26 effective date.
11:27:28 Since I have the floor, the only thing I hold against
11:27:30 the Busch families is they sold the St. Louis
11:27:35 cardinals.
11:27:36 >> Motion and second.
11:27:38 Mrs. Saul-Sena.
11:27:38 >>LINDA SAUL-SENA: This is an important decision and
11:27:40 it's a tough one, because on one hand Busch Gardens
11:27:43 has been a wonderful contributor to the quality of
11:27:45 life in our community.
11:27:46 On the other hand, this is the largest single area
11:27:49 that's ever been requested for a liquor zoning.

11:27:55 I'm going to support this because I think what's come
11:27:57 back to us is improved over the first request which is
11:27:59 sort of a carte blanche approval.
11:28:01 I think the restrictions and focus on this for special
11:28:05 events has created a better ordinance.
11:28:08 And I particularly like the commitment to
11:28:12 communicating with the neighborhood that's begun.
11:28:14 And I hope to see that continue, because as Busch
11:28:17 continues its success, relationship with the T
11:28:20 neighborhood is tremendously important.
11:28:22 So with that said I will be supporting this.
11:28:25 >>GWEN MILLER: We have a motion and second.
11:28:26 Vote and record.
11:28:30 >>THE CLERK: Motion carried unanimously with
11:28:37 Dingfelder and Mulhern being absent.
11:28:39 >> Is there anyone in the public that wants to speak
11:28:42 on item 87?
11:28:43 >> Move to close.
11:28:44 >> Second.
11:28:44 (Motion carried).
11:28:45 >>LINDA SAUL-SENA: Move the following ordinance upon
11:28:55 second reading, an ordinance making lawful the sale of

11:28:57 beverages regardless of alcoholic content, beer, wine
11:28:59 and liquor, 4(COP-X), for consumption on premises only
11:29:03 at or from that certain lot, plot or tract of land
11:29:06 located at 1609 west snow Avenue in Tampa, Florida, as
11:29:13 more particularly described in section 2 hereof
11:29:15 waiving certain restrictions as to distance based upon
11:29:19 certain findings, providing for repeal of all
11:29:22 ordinances in conflict, providing an effective date.
11:29:23 >> Second.
11:29:24 >>GWEN MILLER: Motion and second.
11:29:26 Vote and record.
11:29:29 >>THE CLERK: Motion carried unanimously with
11:29:31 Dingfelder and Mulhern being absent.
11:29:43 >> Anyone in the public want to speak on 88?
11:29:46 >> Move to close.
11:29:46 >> Second.
11:29:47 >>LINDA SAUL-SENA: Move an ordinance on second
11:29:50 reading, an ordinance making lawful the sale of
11:29:53 beverages containing alcohol of more than 1% by weight
11:29:55 and not more than 14% by weight and wines regardless
11:29:58 of alcoholic content beer and wine 2(APS) in sealed
11:30:01 containers for consumption off premises only at or

11:30:04 from that certain lot, plot or tract of land located
11:30:07 at 3917 West Kennedy Boulevard, Tampa, Florida as more
11:30:10 particularly described in section 2 hereof waiving
11:30:12 certain restrictions as to distance based upon certain
11:30:15 findings, providing for repeal of all ordinances in
11:30:18 conflict, providing an effective date.
11:30:19 >> I have a motion and second.
11:30:20 Vote and record.
11:30:28 >>THE CLERK: Motion carried unanimously with
11:30:30 Dingfelder and Mulhern being absent.
11:30:33 >>GWEN MILLER: Is there anyone in the public that
11:30:34 wants to speak on item 89?
11:30:37 >> Move to close.
11:30:38 >> Second.
11:30:38 (Motion carried).
11:30:39 >>LINDA SAUL-SENA: I would like to move the following
11:30:44 ordinance upon second reading, an ordinance making
11:30:47 lawful the sale of beverages containing alcohol of
11:30:49 more than 1% by weight and not more than 14% by weight
11:30:53 and wines regardless of alcoholic content bore and
11:30:57 wine 2(APS) in sealed containers for consumption off
11:30:59 premises only at or from that certain lot, plot or

11:31:01 tract of land at 659 North Armenia Avenue, Tampa,
11:31:05 Florida, as more particularly described in section 2
11:31:08 hereof waiving certain restrictions as to distance
11:31:11 based upon certain findings, providing for repeal of
11:31:13 all ordinances in conflict, providing an effective
11:31:15 date.
11:31:15 >>CHAIRMAN: I have a motion and second.
11:31:17 Vote and record.
11:31:26 >>THE CLERK: Motion carried unanimously with
11:31:29 Dingfelder and Mulhern being absent.
11:31:31 >> Is there anyone in the public that wants to speak
11:31:33 on item 90?
11:31:34 >> Move to close.
11:31:35 >> Second.
11:31:35 (Motion carried).
11:31:36 >>CHARLIE MIRANDA: Move to adopt the following
11:31:40 ordinance upon second reading, an ordinance making
11:31:42 lawful the sale of beverages regardless of alcohol by
11:31:44 more than 1% by weight and not more than 14% by weight
11:31:48 and wines regardless of alcoholic content, beer and
11:31:51 wine, 2(APS), in sealed containers for consumption off
11:31:54 premises only at or from that certain lot, plot or

11:31:57 tract of land located at 4340 west Hillsborough
11:32:00 Avenue, unit 400, Tampa, Florida, as more particularly
11:32:03 described in section 2 hereof, providing for repeal of
11:32:06 all ordinances in conflict, providing an effective
11:32:09 date.
11:32:10 >> I have a motion and second.
11:32:13 Vote and record.
11:32:19 >>THE CLERK: Motion carried unanimously with
11:32:23 Dingfelder and Mulhern being absent.
11:32:25 >>GWEN MILLER: Is there anyone in the public that
11:32:27 wants to speak on item 91?
11:32:29 >> Move to close.
11:32:30 >> Second.
11:32:30 (Motion carried).
11:32:31 >>THOMAS SCOTT: Like to move an ordinance upon second
11:32:38 reading, an ordinance making lawful the sale of
11:32:40 beverages containing alcohol regardless of alcoholic
11:32:45 content beer, wine and liquor 4(COP-R) for consumption
11:32:48 on the premises only in connection with a restaurant
11:32:50 business establishment at or from that certain lot,
11:32:52 plot or tract of land located at 2221 West Platt
11:32:56 street, Tampa, Florida, as more particularly described

11:32:58 in section 2 hereof, wavering certain restrictions as
11:33:01 to distance based upon certain findings, providing for
11:33:04 repeal of all ordinances in conflict, providing an
11:33:06 effective date.
11:33:08 >>GWEN MILLER: Need a second.
11:33:11 Need a second.
11:33:14 >>CHARLIE MIRANDA: May I speak?
11:33:15 >>CHAIRMAN: We have to have a second or it dies for
11:33:18 lack of.
11:33:19 A.
11:33:19 >>CHARLIE MIRANDA: I'll second and speak on it if I
11:33:21 may.
11:33:22 As you know, I am usually cognizant of the exact that
11:33:26 restaurants do some type of entertaining, and when you
11:33:32 have a fine meal like a glass of wine or whatever your
11:33:35 consumption is, it's not a bar.
11:33:37 However, if I remember this one here, why I voted no
11:33:40 is simply to say that although I'm for the petitioner,
11:33:45 eloquently represented, he had a good case,
11:33:49 represented in the past, so forth and so on, this is
11:33:52 the first time that a restaurant would get carte
11:33:54 blanche to stay open as late to serve alcohol to

11:33:57 whatever time.
11:33:58 And I just thought that that would be setting a bad
11:34:02 precedence in the City of Tampa by doing that.
11:34:05 Although some people 2 or 3:00 in the morning, I think
11:34:12 consumptive use of food goes down after 11:00 at
11:34:15 night.
11:34:16 Therefore I don't think we have enough votes to pass
11:34:17 this ordinance today.
11:34:19 I don't know if we do.
11:34:21 But I'm making the assumption here by reading what
11:34:24 happened in the last meeting, and it takes 80% of the
11:34:27 votes here today, or four out of five or four fifths,
11:34:31 that we don't have the amount of votes needed to pass
11:34:34 this ordinance.
11:34:36 I support the intent.
11:34:38 I don't support going outside of what we have done in
11:34:42 another restaurant area.
11:34:43 I remember a question was asked, and it says we have
11:34:47 to treat them all the same.
11:34:48 And I said, if that's the case maybe all speed limits
11:34:51 should be the same.
11:34:52 It doesn't happen that way.

11:34:54 It's treated because we are located.
11:34:57 There's a lot of specialty restaurants.
11:34:58 There's a lot of business and a lot of good people
11:35:01 working.
11:35:01 And I'll tell you what, I just can't support it based
11:35:10 on those facts that I know it was given a different
11:35:13 agenda than what we had in the past.
11:35:14 In that same neighborhood, there is four or five
11:35:17 restaurants that don't have this, the one across the
11:35:21 street, strings and beans or whatever, they can't do
11:35:24 this.
11:35:25 One on the other side can't do this.
11:35:27 So we started something anew.
11:35:29 And I don't believe that should be the path that this
11:35:32 council and this city should take.
11:35:34 Thank you, Madam Chair.
11:35:38 >>JOSEPH P. CAETANO: Can we postpone this hearing
11:35:41 until we have a full council?
11:35:44 In looking at the no votes in the past --
11:35:46 >>GWEN MILLER: We have two no votes.
11:35:48 >>LINDA SAUL-SENA: Three.
11:35:49 >>JOSEPH P. CAETANO: Three last time.

11:35:52 Saul-Sena, Dingfelder.
11:35:59 >>STEVE MICHELINI: That certainly is our prerogative,
11:36:03 we prefer to move to next week.
11:36:05 One thing I want to state for the record, this is a
11:36:07 small restaurant, 1600 square feet.
11:36:09 >>MARTIN SHELBY: I'm sorry to interrupt you.
11:36:10 But if you are going to be testifying --
11:36:14 >>> I have already been sworn.
11:36:16 >>MARTIN SHELBY: I believe the public hearing was
11:36:17 closed.
11:36:18 >>CHARLIE MIRANDA: We asked him a question.
11:36:20 >>CHAIRMAN: We need to reopen the public hearing.
11:36:25 >>MARTIN SHELBY: You have to reopen it anyway if you
11:36:26 are going to continue it.
11:36:27 >>LINDA SAUL-SENA: Move to reopen.
11:36:29 >> I am not going to reopen because we are moving at a
11:36:32 great pace and moving right this week and I would like
11:36:34 to continue that train on the same track.
11:36:39 Move to continue to one week, item 91.
11:36:42 At 10:00.
11:36:43 >>MARTIN SHELBY: Council, procedurally --
11:36:46 >> 5:30.

11:36:46 >>> Procedurally it should be to continue it, it has
11:36:49 to be a continued -- the public hearing has to be
11:36:51 open.
11:36:51 So if you can reopen for the -- for the purpose of
11:36:55 continuing.
11:36:56 >> That's fine.
11:36:56 >>CHAIRMAN: All in favor say Aye.
11:37:01 Now we need a motion to continue.
11:37:02 >> So moved to continue to next week at 5:30.
11:37:05 >>LINDA SAUL-SENA: Will this be the second item on the
11:37:08 agenda at 5:30?
11:37:10 >>CHAIRMAN: Yes.
11:37:10 All in favor of that motion say Aye.
11:37:12 (Motion carried).
11:37:13 >>MARTIN SHELBY: And that date is November 15th.
11:37:15 >> No.
11:37:18 >>MARTIN SHELBY: I'm sorry.
11:37:20 November 8th.
11:37:20 >>GWEN MILLER: At 5:30.
11:37:22 Is there anyone in the public that wants to speak on
11:37:24 item 92?
11:37:26 >> Move to close.

11:37:27 Oh, one second.
11:37:28 >>JILL FINNEY: Land Development Coordination.
11:37:30 I have been sworn.
11:37:31 I'm just here to verify if I can do it as a grouping,
11:37:40 so I don't have to be get up for each item like last
11:37:43 week.
11:37:43 Items 92 through 96, the site plans have been received
11:37:47 between first and second reading and all of those have
11:37:49 been certified.
11:37:50 And filed with the clerk.
11:37:55 >>THOMAS SCOTT: So we can move these as a group now?
11:37:57 >>GWEN MILLER: They have to read.
11:37:59 Jill doesn't want to get up and speak.
11:38:02 >>JILL FINNEY: Then 97 didn't require a site plan.
11:38:06 >>CHAIRMAN: Would anyone else like to speak?
11:38:08 Need to close.
11:38:09 >> Move to close.
11:38:09 >> Second.
11:38:10 (Motion carried).
11:38:10 >>CHARLIE MIRANDA: Thank you, Madam Chair.
11:38:16 Move to adopt the following ordinance upon second
11:38:18 reading, an ordinance rezoning property in the general

11:38:21 vicinity of 11305 north 51st street in the city of
11:38:25 Tampa, Florida and more particularly described in
11:38:26 section 1 from zoning district classifications RM-16
11:38:29 residential multifamily to PD planned development
11:38:32 residential multifamily providing an effective date.
11:38:34 >> Second.
11:38:35 >>GWEN MILLER: Motion and second.
11:38:37 Vote and record.
11:38:43 >>THE CLERK: Motion carried unanimously with
11:38:45 Dingfelder and Mulhern being absent.
11:38:47 >>GWEN MILLER: Is there anyone in the public that
11:38:49 wants to be speak on item 93?
11:38:50 >> Move to close.
11:38:51 >> Second.
11:38:52 (Motion carried).
11:38:52 >> Move to adopt the following ordinance on second
11:39:02 reading, 11613 and 11619 north 51 S street in the city
11:39:09 of Tampa, Florida and more particularly described in
11:39:12 section 1 from zoning district classification RM-24
11:39:15 residential multifamily to PD planned development
11:39:18 residential multifamily, providing an effective date.
11:39:20 >>CHAIRMAN: Motion and second.

11:39:22 Vote and record.
11:39:28 >>THE CLERK: Motion carried unanimously with
11:39:34 Dingfelder and Mulhern being absent, and Caetano being
11:39:38 absent at vote.
11:39:40 >>GWEN MILLER: Is there anyone in the public that
11:39:41 wants to speak on item 94?
11:39:44 >> Move to close.
11:39:45 >> Second.
11:39:45 (Motion carried).
11:39:46 >>THOMAS SCOTT: I move on second reading ordinance
11:39:54 rezoning property in the general vicinity of 11 of 13
11:39:57 and 11615 north 50th street in the city of Tampa,
11:40:00 Florida and more particularly described in section 1
11:40:02 from zoning district classifications RM-24 residential
11:40:06 multifamily to PD planned development, residential
11:40:09 multifamily, providing an effective date.
11:40:09 >> Second.
11:40:10 (Motion carried)
11:40:11 >>THE CLERK: Motion carried unanimously with
11:40:21 Dingfelder and Mulhern being absent and Caetano being
11:40:25 absent at vote.
11:40:26 >>GWEN MILLER: Is there anyone in the public that

11:40:28 wants to speak on item 95?
11:40:31 >>THOMAS SCOTT: Move to close.
11:40:32 >> Second.
11:40:32 (Motion carried).
11:40:33 >>THOMAS SCOTT: Move the following ordinance upon
11:40:37 second reading, an ordinance rezoning property in the
11:40:39 general vicinity of 2708 west Azeele street in the
11:40:42 city of Tampa, Florida and more particularly described
11:40:44 in section 1 from zoning district classification RM-16
11:40:48 residential multifamily to PD planned development,
11:40:50 office, professional and medical, providing an
11:40:52 effective date.
11:40:52 >>GWEN MILLER: Motion and second.
11:40:56 >>LINDA SAUL-SENA: Second.
11:40:57 >>CHAIRMAN: Vote and record.
11:41:00 >>THE CLERK: Motion carried unanimously with
11:41:07 Dingfelder and Mulhern being absent and Caetano being
11:41:11 absent at vote.
11:41:12 >>GWEN MILLER: Is there anyone in the public that
11:41:14 wants to speak on item 96?
11:41:16 >>: Move to close.
11:41:16 >> Second.

11:41:17 (Motion carried)
11:41:19 >>THOMAS SCOTT: Motion on second reading, an ordinance
11:41:24 rezoning property in the general vicinity of 3508 west
11:41:28 Wyoming Avenue in the city of Tampa, Florida and more
11:41:31 particularly described in section 1 from zoning
11:41:32 district classifications RS-50 residential
11:41:36 single-family to PD planned development,r residential
11:41:39 single-family, providing an effective date.
11:41:44 Number 96.
11:41:45 >>GWEN MILLER: Vote and record.
11:41:51 >>THE CLERK: Motion carried unanimously with
11:41:52 Dingfelder and Mulhern being absent.
11:41:55 >>GWEN MILLER: Is there anyone in the public that
11:41:57 wants to speak on item 97?
11:42:02 >>CHARLIE MIRANDA: I see one.
11:42:03 >>GWEN MILLER: Is the petitioner here?
11:42:07 >> Let him speak first.
11:42:12 >> I have not been sworn.
11:42:15 (Oath administered by Clerk).
11:42:16 >> Monte Camper, 1725 E. 5th Avenue, Tampa 33605.
11:42:26 I am here on behalf of the petitioner.
11:42:27 I'm his civil consultant, also the individual that

11:42:30 processed the application.
11:42:31 I was not at the previous hearing but I read the
11:42:33 transcript.
11:42:33 Just want to let you know that depending what the
11:42:36 issues are, I'm available to answer any questions.
11:42:38 >>GWEN MILLER: Mr. Steenson?
11:42:40 >> Good morning.
11:42:43 Al Steenson, 4100 west Leila Avenue.
11:42:49 Also the president of the Gandy civic association.
11:42:52 I'm not really here to on second reading.
11:42:54 I just want the council to be aware those of you that
11:42:57 are here on first reading remember that T pictures
11:43:01 that I put up on the screen.
11:43:02 I merely sent an e-mail to the petitioner, Mr.
11:43:05 Bennett, with a copy to his attorney, Mr. Porter, and
11:43:09 asked him to make a concerted effort between first an
11:43:12 second reading to contact those folks.
11:43:15 By the way, I have been sworn.
11:43:21 Sorry.
11:43:22 You didn't put your hat on.
11:43:23 I have been sworn.
11:43:24 And skid him between first and second reading to make

11:43:28 a concerted effort to contact those people that live
11:43:33 on treasure circle to ensure them that they are not
11:43:38 going to have any more incidents like this.
11:43:49 Very simple.
11:43:49 I showed these at first reading.
11:43:51 To my knowledge neither Mr. Bennett nor Mr. Plore has
11:43:56 made any contact with these homeowners with regard to
11:43:58 the flooding issues.
11:44:01 He has made contact, my understanding is, on a sale of
11:44:05 a little sliver of property that separates, I believe
11:44:10 it's Mr. and Mrs. Kemp and Mr. and Mrs. Muggy, who
11:44:15 Mr. Muggy testified at last hearing.
11:44:17 So all I'm really saying, I didn't demand but I asked
11:44:21 the petitioner to contact these folks, and to my
11:44:23 knowledge they have not done it.
11:44:25 And I would hope that they, depending on whether you
11:44:30 move forward with this or not, continue the effort to
11:44:34 ensure these people that this is not going to happen.
11:44:38 This is not going to happen.
11:44:41 You wouldn't want this in your backyard.
11:44:42 Mr. Bennett wouldn't want it in his.
11:44:44 And Mr. Porter wouldn't want in the his.

11:44:46 And that's all I have to say.
11:44:50 >>LINDA SAUL-SENA: Mr. Steenson, I have a question.
11:44:52 Was this photograph taken recently?
11:44:55 >>> No, ma'am.
11:44:58 If you look at it, 2006. That was done before they
11:45:01 did the demolition of the old -- I think it was a
11:45:03 group of apartments.
11:45:04 >> Are the people who live behind the fence, the
11:45:06 people in the townhouses, are they --
11:45:09 >>> these are not townhouses.
11:45:11 These are peoples homes.
11:45:13 That property right there is the property that's in
11:45:15 question.
11:45:18 That was an old apartment complex they tore down.
11:45:27 Now it's vacant land.
11:45:29 They were going to try to build town homes but the
11:45:31 market as we know has gone south so they have come
11:45:33 back in and asked for PE to go back to CG.
11:45:38 We have no objections to that and the property owners
11:45:39 don't.
11:45:40 They just want assurances from the petitioner in their
11:45:43 conversations with construction services and land

11:45:45 development that this kind of an issue is not going to
11:45:48 exist on their property once this project goes
11:45:50 forward.
11:45:52 >>LINDA SAUL-SENA: Okay.
11:45:53 I guess my question is more for city staff.
11:45:56 I assumed what we are looking at in somebody's
11:45:58 background is a relatively recent residential
11:46:01 development?
11:46:10 No.
11:46:10 The homes on treasure circle?
11:46:12 They have been there for years, were built back in the
11:46:14 sixties if I'm not mistaken, pretty much the same time
11:46:16 my own home was built which was back in '58.
11:46:20 >>GWEN MILLER: Petitioner, will you come back up?
11:46:25 134 I'm sorry, I wasn't at the first hearing and I
11:46:28 wasn't clear.
11:46:28 >>> Yes, we are aware of this issue when this was
11:46:31 going to be a town home development through the city,
11:46:33 we were made aware this is in the red line district,
11:46:36 working with Alex Awad so that was going to be part of
11:46:41 the original plan was improving a ditch that runs
11:46:43 along the back of these homes, it's overgrown.

11:46:46 So we are aware of it.
11:46:48 The city has made us aware of it.
11:46:50 We understand that will be part of whatever the future
11:46:52 development is, to accommodate the stormwater
11:46:55 appropriately.
11:46:56 >>LINDA SAUL-SENA: would you communicate with the
11:46:57 people?
11:46:58 >>> Absolutely.
11:46:58 And he is correct that the two neighbors adjacent to
11:47:01 the residential, I have been in touch with about
11:47:03 sales.
11:47:03 Nobody specifically about drainage, to be honest.
11:47:06 >>JOSEPH P. CAETANO: I'm sure when construction
11:47:08 services, when you go in for a new permit, they are
11:47:10 going to make sure that no flooding will exist.
11:47:12 >>> Absolutely.
11:47:15 If that's the problem there.
11:47:17 >>> That's absolutely correct.
11:47:18 >>JOSEPH P. CAETANO: Thank you.
11:47:19 >>> If I may, I would like to receive an file the
11:47:28 e-mails back and forth between me, Mr. Bennett and Mr.
11:47:32 Porter.

11:47:32 >> Move to close.
11:47:34 >> Second.
11:47:34 (Motion carried)
11:47:36 >>CHAIRMAN: Mr. Caetano.
11:47:38 >>JOSEPH P. CAETANO: An ordinance being presented for
11:47:39 second reading, an ordinance rezoning property in the
11:47:43 general vicinity of 6207, 6209 and 6211 south Dale
11:47:47 Mabry in the city of Tampa, Florida, and more
11:47:51 particularly described in section 1 from zoning
11:47:53 district classifications PD, planned development,
11:47:57 single-family attached, to CG, commercial general,
11:48:00 providing an effective date.
11:48:02 >>MARTIN SHELBY: Is that a motion to adopt?
11:48:06 >>JOSEPH P. CAETANO: Yes.
11:48:06 >>GWEN MILLER: Motion and second.
11:48:07 >>CHARLIE MIRANDA: Madam Chair, I am going to support
11:48:10 the ordinance based on the fact that the petitioner
11:48:13 qualified on the record that he will adhere to the
11:48:16 request of the neighborhood association and also
11:48:20 comply with the city department that handles this.
11:48:24 >>CHAIRMAN: We have a motion and second.
11:48:26 Vote and record.

11:48:32 >>THE CLERK: Motion carried unanimously with
11:48:34 Dingfelder and Mulhern being absent.
11:48:37 >>GWEN MILLER: Is there anyone in the public that
11:48:39 wants to speak on 98?
11:48:42 98?
11:48:43 >>: Move to close.
11:48:44 >> Second.
11:48:44 (Motion carried).
11:48:45 >>JOSEPH P. CAETANO: 98.
11:48:53 Adopting this ordinance?
11:48:55 >> It's first reading.
11:48:56 >> First reading public hearing on historic property
11:48:59 tax exemption application for the property owned by
11:49:02 Richard O. Wolfe, II and Michelle H. Wolfe located at
11:49:11 800 south Oregon Avenue Tampa, Florida in the Hyde
11:49:14 Park historic district 69 you are reading the wrong
11:49:17 part.
11:49:18 Second part of it.
11:49:18 >> Okay.
11:49:20 An ordinance being presented for first reading.
11:49:22 I'm sorry.
11:49:23 Mr. Miranda didn't tell me that when I came on here.

11:49:25 An ordinance being presented for first reading
11:49:28 consideration approving a historic preservation
11:49:32 property tax exemption application relative to the
11:49:34 restoration, renovation or rehabilitation of certain
11:49:38 property owned by Richard O. Wolfe II and Michelle H.
11:49:42 Wolfe located at 800 south Oregon Avenue, Tampa,
11:49:46 Florida, in the Hyde Park historic district based upon
11:49:49 certain findings, providing for notice to the property
11:49:52 appraiser of Hillsborough County, providing for
11:49:55 severability, providing for repeal of all ordinances
11:49:58 in conflict, providing an effective date.
11:50:01 >>GWEN MILLER: We have a motion and second.
11:50:02 All in favor of the motion say Aye.
11:50:04 Opposed, Nay.
11:50:06 (Motion carried)
11:50:07 Item 99.
11:50:08 Does anyone in the public want to speak on 99?
11:50:10 >> Move to close.
11:50:11 >> Second.
11:50:11 (Motion carried).
11:50:12 >>LINDA SAUL-SENA: I'd like to move the following
11:50:17 ordinance, approving a historic preservation property

11:50:23 tax exemption application relative to the restoration,
11:50:26 renovation or rehabilitation of certain property owned
11:50:29 by the Arlington condominium located at 1209-1229
11:50:33 North Franklin Street, Tampa, Florida, in the North
11:50:35 Franklin Street historic district based upon certain
11:50:38 findings, providing for notice to the property
11:50:41 appraiser of Hillsborough County, providing for
11:50:44 severability, providing for real repeal of all
11:50:46 ordinances in conflict, providing an effective date,
11:50:48 and it looks great.
11:50:49 (Motion carried).
11:50:53 >> Is there anyone in the public that wants to be
11:50:56 speak on number 100?
11:50:57 >> Move to close.
11:50:58 (Motion carried).
11:50:59 >>CHARLIE MIRANDA: Move an ordinance for first
11:51:02 reading, an ordinance approving a historic property
11:51:05 tax exemption application relative to the restoration,
11:51:08 renovation or rehabilitation of certain property owned
11:51:11 by Lisa McCorkle located at 1814 east Columbus drive,
11:51:16 Tampa, Florida in the Ybor City historic district
11:51:18 based upon certain findings, providing for notice to

11:51:20 the property appraiser of Hillsborough County,
11:51:23 providing for severability, providing for repeal of
11:51:24 all ordinances in conflict, providing an effective
11:51:26 date.
11:51:27 >> I have a motion and second.
11:51:28 All in favor of the motion say Aye.
11:51:30 (Motion carried).
11:51:30 >> Now go to council information.
11:51:39 >> What about 46?
11:51:40 >>CHAIRMAN: Nobody came.
11:51:41 >> Which item is that?
11:51:42 >> 46.
11:52:05 Nobody showed up.
11:52:06 >> Carry it over.
11:52:08 >> One week.
11:52:09 >> A night meeting?
11:52:10 >> The third item at 5:30 on the 8th.
11:52:15 So moved.
11:52:15 >>LINDA SAUL-SENA: Second.
11:52:16 (Motion carried).
11:52:17 >>CHAIRMAN: Mr. Caetano, do you have any information?
11:52:20 >>JOSEPH P. CAETANO: No, I don't.

11:52:21 >>THOMAS SCOTT: Madam Chair, I am going to pass this
11:52:25 out.
11:52:31 I am requesting that we -- that we add that the City
11:52:36 Council convene at the end of next Thursday's CRA
11:52:39 meeting, and since I'm the chairman of that, end that
11:52:44 meeting early, give us at least an hour time to
11:52:47 discuss the merits of the letter to the legislative,
11:52:53 allowing the Hillsborough County commission, also a
11:52:55 quote by the city attorney David Smith on October 27
11:52:59 this was in the St. Petersburg times.
11:53:00 I'm very much concerned, here again, I kept telling
11:53:03 people I would have no problems dealing with the
11:53:05 charter.
11:53:05 But I think it's very important that also applies to
11:53:10 everybody as well as the mayor and administration.
11:53:13 And I'm very much concerned that a legal vote that was
11:53:16 taken by this council taken, and then a letter sent
11:53:24 that was the direct opposite of what this council did,
11:53:28 does not, is in conflict of the charter. I believe
11:53:31 that.
11:53:31 I think that we should have that discussion.
11:53:35 Had I done that, I say all hell would have broke

11:53:38 loose.
11:53:39 So I am very much concerned about this, the way we are
11:53:42 moving forward here.
11:53:44 And where I do believe, I do believe that the city
11:53:47 attorney was in conflict when he rendered that
11:53:50 opinion, as well as the administration.
11:53:54 And I think at some point we need to have the
11:53:56 discussion as we move forward.
11:53:59 >>LINDA SAUL-SENA: Second.
11:54:00 >>CHAIRMAN: Motion and second.
11:54:01 Question and motion.
11:54:02 Mr. Miranda.
11:54:02 >>CHARLIE MIRANDA: I understand the request of
11:54:07 honorable council member, former council member,
11:54:10 reverend Tom Scott.
11:54:11 Any more titles it would take a week to say them.
11:54:14 But what I'm saying is this.
11:54:16 I certainly -- and I understand the effects of all
11:54:18 this.
11:54:19 I certainly as a elect official have a right to
11:54:21 disagree at any time with my own colleagues on the
11:54:24 counsel or the mayor, whoever that mayor may be.

11:54:27 Although I respect everybody on the council and
11:54:29 whoever the mayor is, you still have that
11:54:31 accountability to yourself to do what you think is
11:54:34 best.
11:54:34 And that's why I complicate Mr. Scott for doing this.
11:54:38 However, I certainly don't want to start a bickering
11:54:42 conflict between one branch of the government and the
11:54:45 other.
11:54:45 Not that it's right or wrong.
11:54:47 I think this government has functioned
11:54:49 straightforwardly and gone straight to the thing.
11:54:53 I don't want to have this come up and have a balloon
11:54:59 item of what some St. Pete Times quote said, what
11:55:02 members of the legislative delegation, and since it's
11:55:07 brought up, there was a vote taken, and I want clarity
11:55:10 from the legal department, if we submit something to
11:55:14 another body, governmental body, which the county
11:55:18 commission is, and the other bodies, I believe I felt
11:55:25 in not saying that there was never an ask or request
11:55:28 for a resolution for that body.
11:55:30 And we might have been in error, I don't know.
11:55:33 But if we are in error, you can blame me, because I

11:55:36 should have caught that, and I didn't.
11:55:38 But when you pass a motion without a resolution to
11:55:42 change something, I think there's a flaw in that
11:55:45 process, if it was done that way.
11:55:47 I think I remember it was done that way.
11:55:49 But I'm not 100% sure.
11:55:51 So if we are going to discuss this, I think before we
11:55:54 discuss it, we ought to get a legal opinion from them,
11:55:57 our attorney or the city attorney or whatever
11:55:59 attorneys we are going to have, tell us how those
11:56:03 processes should be met in the future.
11:56:06 These things, I have given access, every time I call a
11:56:12 department head that I was advised when I went to that
11:56:16 rookie school that they had when we first got elected,
11:56:18 they gave you five or six department heads.
11:56:21 Sometimes I agree with that process, sometimes I
11:56:23 don't.
11:56:28 However, every time I called them I have gotten a
11:56:31 response.
11:56:31 I am not here to disrespect the administrator, whoever
11:56:34 he or she may be or to praise the administrator,
11:56:36 whoever he or she may be.

11:56:38 And if we have a problem with the charter, then I
11:56:41 think you ought to look at the charter and tray to
11:56:43 change it.
11:56:44 Thank you, Madam Chair.
11:56:50 >> And to set up the meeting.
11:56:53 >>THOMAS SCOTT: And that's a whole other process.
11:56:55 Here again, I'm looking really at the charter, from
11:56:57 the standpoint of the separation of administration
11:57:01 versus the legislative branch.
11:57:02 And I will tell you, nowhere in the United States can
11:57:06 the executive branch come and issue to anybody a
11:57:12 representative government in imposing that.
11:57:14 Now, you read the letter, it says the City of Tampa
11:57:17 opposes the changes.
11:57:18 Well, of course in Tampa.
11:57:27 I think we need to have a discussion so we have
11:57:30 clarity as we move forward.
11:57:31 See, I am a firm believer -- and the Bible says all
11:57:36 you get, get understanding and that's what I want, is
11:57:39 understanding.
11:57:39 As long as I'm on this council.
11:57:40 I am going to work within the confines of the charter.

11:57:42 But at the same time, I think everybody needs to work
11:57:46 within the confines of the charter.
11:57:48 And so the question becomes, does the mayor have the
11:57:51 authority to represent to another body to go against
11:57:57 what this body has legally voted upon?
11:58:00 And subsequently, the opinion that was written by the
11:58:03 city attorney, I think, was a conflict in terms of
11:58:07 trying to represent both bodies.
11:58:09 That's my position.
11:58:09 >>MARTIN SHELBY: Council, I'm sorry.
11:58:13 >>LINDA SAUL-SENA: I'm sorry, question on the motion
11:58:15 takes precedence over everything.
11:58:17 Point of order.
11:58:17 We were going to vote on --
11:58:21 >>GWEN MILLER: The question on the motion.
11:58:24 Mr. Miranda had a question on the motion.
11:58:26 Now Mr. Shelby has a question on the motion.
11:58:28 >>LINDA SAUL-SENA: Excuse me, I thought we were going
11:58:30 to vote whether we discuss this next week at 11:00
11:58:32 o'clock.
11:58:34 >>MARTIN SHELBY: That is what I was going to raise,
11:58:37 council.

11:58:37 I believe that council member Scott requested to put
11:58:41 it on for future discussion.
11:58:42 And I would be concerned today, council, that if
11:58:45 council gets into discussing a motion, where the maker
11:58:51 of the motion is not present today, and doesn't give
11:58:55 people the opportunity --
11:58:56 >>THOMAS SCOTT: That's right.
11:58:57 Right.
11:58:57 >>MARTIN SHELBY: -- if council doesn't wish to discuss
11:59:01 it obviously it knows what to do.
11:59:03 If council does wish to discuss it, I would suggest
11:59:06 perhaps do it not on today's agenda.
11:59:08 >>THOMAS SCOTT: I agree.
11:59:10 >>JOSEPH P. CAETANO: Can we hear from our city
11:59:14 attorney?
11:59:15 >>CHAIRMAN: We are not going to discuss it.
11:59:18 You are going to withdraw your motion or what?
11:59:21 >>LINDA SAUL-SENA: No.
11:59:21 >>THOMAS SCOTT: Or put it on the agenda for next
11:59:24 Thursday.
11:59:24 >>GWEN MILLER: Mr. Shelby, you said the maker of the
11:59:27 motion can't be --

11:59:28 >>MARTIN SHELBY: I'm sorry, council.
11:59:30 But the concern I have, if you are going to be getting
11:59:31 into the discussion today of the specifics of what
11:59:33 took place, the maker of the motion is not present,
11:59:37 and I suspect that that might become relevant.
11:59:42 I understand council in the past has had experience
11:59:44 when the maker of the motion has left the room or not
11:59:47 present and something comes up related to it.
11:59:49 >>THOMAS SCOTT: Right.
11:59:51 >>CHARLIE MIRANDA: I'll second it for the 8th at
11:59:56 11:00.
11:59:57 >>THOMAS SCOTT: So what I'll do in the CRA meeting so
12:00:00 we have time leave an hour to discuss this.
12:00:03 >>GWEN MILLER: We have a motion and second.
12:00:05 All in favor of that motion say Aye.
12:00:08 Anything else?
12:00:09 Reverend Scott, anything else?
12:00:11 >>THOMAS SCOTT: No, I'm sorry.
12:00:13 >>CHARLIE MIRANDA: After that, I want to remind all
12:00:17 the citizens, the good citizens of East Tampa, water
12:00:19 department, that we serve all over the city and some
12:00:22 parts outside the city limits, that the reminder that

12:00:25 the T reset your timers if you have a timer on your
12:00:29 irrigation system.
12:00:30 It time to fall back, not on me but on yourself, with
12:00:33 the water irrigation.
12:00:35 I don't want someone getting a ticket for having their
12:00:39 irrigation system on when they are not supposed to.
12:00:41 Water is very important in the next three years.
12:00:44 It looks like what I've read, and the drought
12:00:47 conditions, we are not going to get the rainfall that
12:00:50 we should need for the next at least three years.
12:00:54 So we have to conserve.
12:00:55 And at the same time we have to agree to all of us to
12:00:58 work together, to get us through these hardships.
12:01:00 And the second one, Madam Chair, is although I voted
12:01:04 today on certain alcohol zonings for one day, or
12:01:07 special zonings, we don't have a system to follow up.
12:01:12 No one does the reporting.
12:01:14 No one checks that that certain 501(c)3 is actually
12:01:18 getting what they do.
12:01:19 Although they sign an affidavit saying that they are
12:01:21 going to get 100% or whatever.
12:01:23 There is never an audit.

12:01:26 There is never anything done.
12:01:28 And I firmly believe that in these cases it leaves
12:01:32 doubt in my mind.
12:01:34 Not that they are doing it.
12:01:36 I'm just doubtful that no one checks.
12:01:38 We should somewhere get a system where every time
12:01:43 there's ten of them, we check one to find out, as an
12:01:48 example, to find out where the money is going, if it's
12:01:50 true going to the 501(c)3 and I'm not against one-day
12:01:55 zonings.
12:01:55 However I would like to see that done properly.
12:01:59 I move that the administration be asked to audit, and
12:02:06 that's to their liking what random means, could be one
12:02:09 in ten or so forth, so we understand that all these
12:02:12 things are being dealt with, of all those that have
12:02:15 asked for a one-day wet zoning.
12:02:17 >>JOSEPH P. CAETANO: Second.
12:02:19 >>GWEN MILLER: Motion and second.
12:02:21 (Motion carried).
12:02:22 Mrs. Saul-Sena?
12:02:23 >>LINDA SAUL-SENA: I pass out to all of you a request,
12:02:27 that when we have rezonings, that we as council

12:02:31 members received staff reports related to the
12:02:34 rezonings items, that is included in our packet.
12:02:36 Sometimes they do it.
12:02:37 Sometimes they don't.
12:02:38 I think it would be a great policy for them to give it
12:02:41 to us all the time.
12:02:42 So I would like to move that when there are staff
12:02:45 reports related to rezoning items that those staff
12:02:48 reports, as well as the board reports, be included in
12:02:50 council's information packets.
12:02:54 >>CHARLIE MIRANDA: I think there should be a caveat
12:02:57 said here that sometimes, because these items are all
12:03:00 complicated and I agree, Mrs. Saul-Sena, vary, but in
12:03:04 practicality sometimes at the last moment these things
12:03:06 are still being adjusted before they come to council,
12:03:09 everyone on the day of council.
12:03:10 So some of them may be late.
12:03:13 >>LINDA SAUL-SENA: Thank you.
12:03:14 So my motion is we ask staff to give us a report.
12:03:20 >>THOMAS SCOTT: Second.
12:03:20 (Motion carried).
12:03:22 >>GWEN MILLER: Anything else?

12:03:27 Clerk, anything?
12:03:29 >>LINDA SAUL-SENA: Move to receive and file
12:03:30 everything.
12:03:32 (Motion carried).
12:03:32 >>GWEN MILLER: Mr. Shelby?
12:03:34 >>MARTIN SHELBY: You're at the noon hour, shortly
12:03:40 thereafter.
12:03:40 >>GWEN MILLER: We have a young man having a birthday
12:03:45 today.
12:03:49 Help Barrett day to Charlie Miranda.
12:03:55 We now go to the audience portion.
12:03:57 Is there anyone in the public that wants to speak?
12:04:03 >>> Good afternoon.
12:04:10 And happy birthday.
12:04:13 (City Council meeting adjourned)
12:05:35