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Thursday, March 18, 2010

9:00 a.m. session


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08:52:51 >>THOMAS SCOTT: Tampa City Council will now come to

09:01:23 order.

09:01:23 >>CHARLIE MIRANDA: Thank you, Mr. Chairman.

09:01:27 I don't know if pastor Danny Schaffner is here. Pastor

09:01:33 Schaffner is the lead pastor of the Common Ground

09:01:36 Christian Church.

09:01:37 He started this wonderful community church back in

09:01:39 October of '07.

09:01:41 Please rise for the invocation and remain standing for

09:01:46 the pledge of allegiance.

09:01:47 Thank you.

09:01:47 >> Let us pray.

09:01:50 Dear God, creator of the universe, you hold the stars

09:01:53 in the sky, and you know the steps of our lives and the

09:01:57 intention of our hearts.

09:01:58 God, we come to you seeking your wisdom in all things.

09:02:01 Your word requires that we act justly, to love mercy,

09:02:05 and to walk humbly with you.

09:02:08 God, we pray for justice today in our schools, in our

09:02:12 governments, in our homes.

09:02:15 May your will be done.

09:02:18 May our will be your will.

09:02:20 And as the God of peace may your presence fill this

09:02:23 place and may we sense in our hearts the desire of your

09:02:25 heart for this world.

09:02:28 In your son's holy and precious name we pray.

09:02:32 Amen.

09:02:32 (Pledge of Allegiance)

09:02:50 >>THOMAS SCOTT: Roll call.

09:02:53 >>JOSEPH P. CAETANO: Here.

09:02:57 >>GWEN MILLER: Here.

09:02:58 >>CHARLIE MIRANDA: Here.

09:02:59 >>MARY MULHERN: Here.

09:03:03 >>THOMAS SCOTT: Here.

09:03:09 We have a couple items here.

09:03:10 One, we have a memo from councilman Mulhern for early

09:03:14 departure today because of a doctor's appointment.

09:03:16 She will be leaving at 2 p.m.

09:03:18 So, clerk, for the record.

09:03:21 And councilman Dingfelder has requested -- he's running

09:03:25 a little late.

09:03:27 But we'll do that when we come to the agenda.

09:03:30 For items to be pulled.

09:03:32 Okay.

09:03:33 At this time, we will have public comment first for

09:03:38 those items, preference is given to those items that

09:03:41 are on the agenda first.

09:03:42 >>MARTIN SHELBY: I'm sorry, I would ask if you could

09:03:45 move the adoption of the minutes for the meeting held

09:03:48 on March --

09:03:51 >>THOMAS SCOTT: Okay.

09:03:51 >>CHARLIE MIRANDA: So moved.

09:03:52 >> Second.

09:03:53 >>THOMAS SCOTT: All in favor?

09:03:57 Opposes?

09:03:58 It will come back after public agenda.

09:04:01 Okay.

09:04:07 Public comment for items on the agenda first.

09:04:10 Items on the agenda first.

09:04:11 Okay.

09:04:12 Are you speaking to a specific item that's on the

09:04:14 agenda?

09:04:15 >>> Yes, I am.

09:04:16 Good morning, council.

09:04:18 For the record, my name is Rob Curry, the Executive

09:04:22 Director --

09:04:28 >> I'm sorry.

09:04:29 >> Not public comment time yet?

09:04:31 >>THOMAS SCOTT: We are speaking on numbered items that

09:04:38 are on the agenda, sir, if you could just point out

09:04:40 which item numbered on the agenda.

09:04:42 >> I would be happy to.

09:04:46 My copy of the agenda says it's agenda items.

09:04:49 It doesn't say numbered items.

09:04:51 It's a decision made unilaterally by the chairperson a

09:04:54 decision made by the council to change from agenda

09:04:58 items to numbered agenda items.

09:04:59 I'm just curious to know if there's been approved

09:05:02 change.

09:05:03 >> We will have our attorney speak to that.

09:05:06 >>MARTIN SHELBY: Council, there was some question as

09:05:09 to what items on the agenda.

09:05:12 There is a lot of verbiage on the agenda.

09:05:15 Per council's policy, it wished to speak to items that

09:05:19 were the numbered items so it was my suggestion to make

09:05:22 it more specific.

09:05:23 It's ultimately council's decision as to how it wishes

09:05:27 to interpret the agenda, and what order to the chair.

09:05:31 >>THOMAS SCOTT: Well, the chair can rule that it's the

09:05:33 numbered items unless the council decides they want to

09:05:36 overrule my opinion, my call.

09:05:38 So my opinion is that we'll speak to the numbered items

09:05:41 first, that is the policy of this council, and then

09:05:44 anytime any other items that you want to speak to, you

09:05:48 have opportunity to do that.

09:05:50 >>> Thank you for the clarification.

09:05:51 My only recommendation would be to put that on the

09:05:53 agenda in the first so it will be clear to everyone.

09:05:56 I will be speaking on agenda item number 8 regarding

09:05:58 the March of dimes.

09:06:01 The March of dimes against diabetes.

09:06:04 >>THOMAS SCOTT: Okay.

09:06:04 >>> As Executive Director of atheists of Florida I do

09:06:09 represent atheists and about 10% of the population are

09:06:12 atheists and we are also concerned about diabetes and

09:06:15 other concerns.

09:06:15 Now, the March of dimes is a valid and great charity.

09:06:21 And the reason we do this is to raise money to help

09:06:24 find cures for diabetes through scientific research,

09:06:27 through medical research, and not for example just to

09:06:32 contrast it through prayer like the invocation prayer

09:06:35 this morning.

09:06:36 In fact, this March of Dimes is strictly voluntary.

09:06:42 People may participate or not as they choose in

09:06:45 contrast to the invocation spectacle which no one has

09:06:49 the choice of participating in.

09:06:52 We may willingly or unwillingly participate in that

09:06:55 type of event, but we have no choice to participate in

09:06:59 the public spectacle where we are forced to reveal

09:07:04 whether we stand or sit, what our religious views are.

09:07:08 And I just want to say that this is contrasting with

09:07:10 the more tolerant and voluntary activity of the March

09:07:14 of Dimes, which asks people to participate, not this

09:07:18 council's reprehensible and failed process of forcing

09:07:23 people into the public spectacle of an invocation.

09:07:27 And I think it is pertinent to contrast these things to

09:07:32 show how something like this voluntary activity where

09:07:37 people can participate in their community is a good

09:07:40 thing, that they can support, that religious people can

09:07:43 support, and in fact I encourage everyone to support

09:07:48 this attempt to find a cure for diabetes.

09:07:50 And I would hope than in the future, perhaps this

09:07:56 council may learn from the example of voluntary

09:07:59 association, including the churches of our reverend

09:08:03 chairperson as the senior pastor of his church.

09:08:06 I'm sure you don't drag people into your church to

09:08:08 force them into deciding whether you stand for the

09:08:11 prayer or sit.

09:08:12 People come voluntarily.

09:08:14 Here, of course, we have no choice.

09:08:16 And I do want to mention that when religion is

09:08:19 introduced, which is not in the March of Dimes, they

09:08:22 don't discriminate on the basis of religion.

09:08:25 But when religion is introduced into politics, then it

09:08:29 does become a matter for public comment, and everyone

09:08:32 should have the right to comment, and in fact going

09:08:34 forward, we will comment.

09:08:37 We will not be silenced.

09:08:39 We will not be shoved aside.

09:08:41 We will not be set in the back of a line, because this

09:08:45 is an issue that is a civil rights issue.

09:08:49 So I would encourage all the citizens of Tampa and

09:08:52 those listening to support the March of Dimes as a walk

09:08:57 to find a cure for diabetes, and I think that's a great

09:09:00 contrast to the travesty and the failed policy of this

09:09:03 council which forces everyone to be part of a public

09:09:08 spectacle whether we are willing participants or

09:09:10 unwilling participants, we are forced to either stand

09:09:13 or sit.

09:09:16 So that, I think, is an interesting and educational

09:09:19 contrast.

09:09:19 Thank you.

09:09:21 For your time.

09:09:23 >>THOMAS SCOTT: You are quite welcome.

09:09:24 Thank you very much.

09:09:24 And I will respond at the end of comments to this.

09:09:27 Okay.

09:09:28 Next speaker on this.

09:09:31 >> Debra white, Tae Kwon Do and I'm not speaking to

09:09:36 that item, I'm speaking to item 57, staff report coming

09:09:38 forward on the contract instructors with the City of

09:09:41 Tampa.

09:09:42 We worked very hard with staff, and both sides given

09:09:46 concessions and a much better contract.

09:09:49 My only concern today is about payment language.

09:09:53 I have wrestled with both sides of it.

09:09:56 Where we initially met with staff they came to the

09:09:58 table.

09:10:01 We countered to be paid within 30 days.

09:10:05 The finance department didn't want to commit to this

09:10:08 time frame because Florida statutes allow

09:10:10 municipalities up to 45 days.

09:10:12 The discussions with Mauricio Rodriguez, assistant city

09:10:18 attorney, said it was based on the possibility of

09:10:21 larger possibility entering into the same contract and

09:10:26 that might be able to meet a set 30-day time frame.

09:10:31 Finance is making great efforts in paying us in a

09:10:34 timely manner.

09:10:35 Most instructors were paid by the 15th of this

09:10:40 month for February's payments and we greatly appreciate

09:10:42 that they are making this effort.

09:10:44 However, it is a contract, in the contract for Florida

09:10:52 statutes.

09:10:53 This administration, this council has worked hard, and

09:10:56 I'm comfortable with the promises.

09:10:58 However, as we know, administrations change.

09:11:01 And if it's not in the contract, the new administration

09:11:04 could say, well, why are we paying these people when we

09:11:09 have up to 45 days?

09:11:10 I would like your consideration when you are discussing

09:11:12 this.

09:11:13 The rest of the changes that have come forth with the

09:11:17 contract instructors and city staff is all for the

09:11:19 betterment of both sides, and for our participants.

09:11:23 I'm not here to stop it from going forward, just make

09:11:28 that notation that I think it would be better if it was

09:11:31 actually in the contract and not in the instructors

09:11:34 manual.

09:11:36 It's stated it will be paid within 30 days but that

09:11:39 doesn't come before council for change.

09:11:41 And the they could do such again.

09:11:47 Again, this is not anything on staff.

09:11:49 They worked very hard with us and have been going

09:11:52 forward with us.

09:11:53 I just would like that consideration when you listen to

09:11:56 that item today.

09:11:58 And, if possible, you came very close at the last City

09:12:01 Council meeting of having public comment on this.

09:12:06 So I would be willing to speak to that issue with

09:12:08 staff.

09:12:09 But again they worked very hard and we worked very hard

09:12:12 towards this contract agreement.

09:12:13 Thank you for your consideration.

09:12:14 >>THOMAS SCOTT: Thank you.

09:12:16 The speaker to my right.

09:12:17 >>> Good morning, my name is John Kieffer, I'm the

09:12:23 president of atheists of Florida.

09:12:26 I reside in Tampa.

09:12:27 But I'm not going to give you my actual residence out

09:12:30 of concern for my home and family being an atheist,

09:12:37 most people, there's quite a few people that are a

09:12:40 little upset with what I am going to have to say.

09:12:42 But I am here to speak on invocation.

09:12:44 It is on the agenda.

09:12:46 >>THOMAS SCOTT: Okay, well, we are taking items first

09:12:48 on the agenda.

09:12:48 >> I understand.

09:12:50 I'm next in line.

09:12:51 Is there somebody that wants to speak on an item --

09:12:54 >>THOMAS SCOTT: Sir, sir.

09:12:56 No.

09:12:56 Let me be clear.

09:12:57 This is not your meeting to run.

09:12:59 >> I understand that.

09:13:00 >>THOMAS SCOTT: Excuse me.

09:13:00 Excuse me, sir.

09:13:01 This is City Council's meeting.

09:13:02 >> I understand that.

09:13:03 >>THOMAS SCOTT: Now, council, let me just say to

09:13:06 everybody here, slow down.

09:13:11 This is a public forum and a public meeting.

09:13:14 Everybody is welcome.

09:13:17 Every person is welcome to come in to address council.

09:13:20 There is a process that we have to do that.

09:13:24 And we are just asking, I ask you to respect that

09:13:28 process.

09:13:28 You can be heard.

09:13:29 But council has asked that we hear from people who have

09:13:32 items on the agenda first.

09:13:34 And whatever time remaining, then you will be allowed

09:13:37 to speak to any issue that would you like, and if there

09:13:40 are no items or no time left it will be at the end of

09:13:46 the meeting.

09:13:46 That is council's process.

09:13:47 In fact when I first came here you weren't allowed to

09:13:49 speak at all until the end of the meeting.

09:13:51 Is that right?

09:13:52 >>LINDA SAUL-SENA: Yes, and we changed that.

09:13:54 >>THOMAS SCOTT: We changed that to try to hear first

09:13:56 from the public and give everybody opportunity to

09:13:58 address council.

09:14:00 If you want to come every meeting and talk about

09:14:02 invocation, your objection to it, that's fine.

09:14:06 But respect the process.

09:14:08 This is a public meeting.

09:14:09 We have a process in place.

09:14:10 >>> With all due respect, council chairman, how do I

09:14:15 know who is speaking on an item on a numbered agenda?

09:14:19 I can't loon at the people and tell.

09:14:22 >>THOMAS SCOTT: Then why don't you just wait and we'll

09:14:25 see those persons.

09:14:27 Okay, next person.

09:14:32 Do you have an item on the agenda? Noon item on the

09:14:34 agenda 9/11 sir, how about you?

09:14:36 Okay, you have no item to speak to on the agenda.

09:14:39 Anyone over here on this side have an item to speak to?

09:14:42 Okay.

09:14:43 There's no item.

09:14:44 Okay, then you can come.

09:14:45 Okay.

09:14:45 >>> I appreciate the clarification.

09:14:52 Council chairman.

09:14:54 Again, my name is John Kieffer.

09:14:55 I'm the president of atheists of Florida. I'm here to

09:14:58 speak on invocation, an agendaed item.

09:15:00 I'm going to try to explain this in a new way.

09:15:03 I have been here several times before.

09:15:06 You know basically I don't want the City Council to

09:15:09 impose religion in a government setting.

09:15:12 I absolutely respect everybody's right to pray, but not

09:15:16 in a government setting.

09:15:18 This is not the place for it.

09:15:20 Because it really combination and compromises my

09:15:24 freedom of speech.

09:15:25 Now, freedom of speech not only includes my

09:15:28 Constitutional right to speak, but also my

09:15:30 Constitutional right not to speak.

09:15:33 We can also use the word expression or even symbolic

09:15:37 expression.

09:15:38 When you, as a government agency, a government body,

09:15:43 make the invocation, a prayer ritual part of your

09:15:48 agenda, it forces me to come here to do some secular

09:15:53 business, something maybe about zoning or whatever, but

09:15:55 it forces me to do one of two things, and both of them

09:15:58 are going to compromise my freedom of expression.

09:16:01 When you say rise for invocation, I'm an atheist.

09:16:05 I don't believe in prayer.

09:16:06 I don't believe in anything religious.

09:16:09 And so what am I going to do?

09:16:12 I'm either going to -- so that I'm not ostracized and

09:16:16 identified as a religious outsider even to my

09:16:22 community, my community may say, here is somebody with

09:16:24 a business, he's going to rise for invocation, but

09:16:27 again I do that because I don't want to be singled out.

09:16:31 But to be true to my world view -- and I remained

09:16:35 seated as I today -- you know that we really stand out,

09:16:38 and the rest of the community, as well as yourselves,

09:16:41 can see that I'm a religious outsider.

09:16:46 In other words, I am being forced to express myself

09:16:49 against my will.

09:16:50 I don't want people to know I'm atheist.

09:16:52 I don't want them to know.

09:16:53 But yet because of the ritual, I am having to

09:16:57 symbolically express to the rest of my community as

09:17:00 well as to you that I'm a religious outsider.

09:17:03 That's a violation of my freedom of speech.

09:17:05 Okay.

09:17:07 So two ways.

09:17:08 The only two choices I have to violate my freedom of

09:17:11 speech to make me stand for a ritual in order not to be

09:17:14 identified or sit down and then on my expression, I'm

09:17:20 now expressing against my will that I'm a religious

09:17:23 outsider.

09:17:24 Both ways, you are violating my Constitutional right of

09:17:26 expression.

09:17:28 There's a symbolic expression here that you are

09:17:30 violating.

09:17:31 And the whole idea of invocation, why is it even

09:17:35 necessary?

09:17:36 Why even do it?

09:17:38 I mean, it's really -- do you really think that you

09:17:41 need to pray, have a moment of silence, have a moment

09:17:45 of reflection.

09:17:46 That's fine.

09:17:46 We are going to have moment of reflection everyone can

09:17:49 do whatever they want.

09:17:50 If you really think it's important, pray before you

09:17:52 come to the council meeting.

09:17:53 Pray now.

09:17:54 Everyone in here can be praying.

09:17:56 I don't have a problem.

09:17:58 Everybody in here go ahead and pray.

09:17:59 I don't have a problem with.

09:18:01 That it's just when government starts to do that.

09:18:03 And that's my point.

09:18:04 Thank you very much.

09:18:04 >>THOMAS SCOTT: Thank you.

09:18:06 Next speaker.

09:18:06 >> Good morning.

09:18:11 I'm Matt Cooper of atheists of Florida.

09:18:13 And I live in New Tampa.

09:18:15 Two months ago I described in the Bible how St. Peter

09:18:19 was forced to choose between either lying about his

09:18:23 beliefs or suffering discrimination from local

09:18:25 authorities.

09:18:27 One month ago, I read you explicitly forbidding his

09:18:32 followers from praying in public.

09:18:34 The word hypocrite to describe people who choose to

09:18:37 pray in public are his words, not mine.

09:18:42 Today I wish to point out the divisiveness of the

09:18:44 invocations that have been offered in the past couple

09:18:46 of months.

09:18:47 They use the word "father" which is contrary to the

09:18:51 world view, not only of atheists, but of many including

09:18:56 Christian scientists who think of a father-mother God.

09:18:59 They use the word God singular, which is contrary to

09:19:03 all behind you -- Hindus.

09:19:09 They word the word God of all which is contrary to the

09:19:13 practice of many Unitarians who prefer to think of the

09:19:15 world in the spiritual sense.

09:19:17 They ask for God to interfere with our goings on here

09:19:22 today, which is contrary to the views of dais and

09:19:27 others who believe in a God that form the universe and

09:19:30 let it continue on uninterfered with.

09:19:34 In short, prayers offered by this chamber, at least

09:19:39 those within memory, offer to a God who is not shared

09:19:45 with a large portion of the citizens of Tampa.

09:19:49 Because of this, I call on this council to end divisive

09:19:53 government-sponsored prayer in this public forum.

09:19:56 Thank you.

09:19:56 >>THOMAS SCOTT: Thank you.

09:19:58 Next speaker.

09:19:59 >> Good morning.

09:20:04 My name is Jason Rodriguez.

09:20:06 I'm a resident of district 4.

09:20:09 I also want to make a quick comment about today's

09:20:12 invocation.

09:20:13 Actually, I would call it a prayer rather than

09:20:16 invocation.

09:20:17 It was sectarian.

09:20:18 At the very end the speaker did say the name of the

09:20:22 son.

09:20:23 So I think that should be noted because that does

09:20:25 violate the current policy of having non-sectarian

09:20:30 invocations by the council so I think that's worth

09:20:32 noting.

09:20:33 I know that many of you are running for reelection in

09:20:37 2010, and you may be worried about the political

09:20:41 ramifications of voting to end the invocations.

09:20:47 I understand that.

09:20:48 And I think the community understands that as well.

09:20:52 There are three things I want to point out real

09:20:54 briefly.

09:20:54 I don't plan to talk too long.

09:20:56 You have seen it and heard it before but I want to

09:20:58 emphasize as you deliberate on this issue and move

09:21:02 closer to voting in favor of ending these invocations.

09:21:06 First, removing them does not mean that you are against

09:21:10 prayer, does not mean that.

09:21:13 Instead, it sends a message to us, to the community and

09:21:17 to your fellow council members that you are for

09:21:21 individual freedom for everybody.

09:21:23 So it doesn't mean that you are against prayer, but

09:21:25 that you are for individual freedom.

09:21:27 I think that's pretty clear.

09:21:30 We have been talking about choices here.

09:21:33 John just mentioned about the choices that we have to

09:21:35 make.

09:21:38 It's also clear that there's only one choice that you

09:21:42 have here.

09:21:44 There's only one choice in which you can avoid

09:21:50 discrimination and entanglement.

09:21:53 There's only one choice, and that is to end this.

09:21:55 Any other choice that you make to keep the invocations

09:21:59 in this venue violates freedom or it entangles

09:22:05 government relations.

09:22:05 So that's the only logical choice to make here.

09:22:10 And you have heard our proposal of a moment of silence

09:22:12 or reflection as a substitute.

09:22:17 In addition to that, this is your opportunity to kind

09:22:20 of set a ground-breaking precedent for the State of

09:22:23 Florida and perhaps even set a trend to the nation as

09:22:27 well.

09:22:28 Several City Councils in the state across the country

09:22:31 are confronting this issue right now.

09:22:33 In fact, there's a City Council in Roswell, Georgia,

09:22:40 that was recently voting on whether or not to include

09:22:44 prayer in their City Council meetings.

09:22:46 They don't have it.

09:22:47 But they are voting on whether or not to include it.

09:22:50 They voted not to include it for the precise reasons

09:22:54 that we are discussing today, because belief-based

09:23:00 practice does not belong N in the government venue

09:23:03 where citizens are coming here to do business.

09:23:05 So I really encourage you to follow their lead, set the

09:23:08 precedent for Florida, and voting to remove these

09:23:14 invocations.

09:23:16 I think you will be pleasantly surprised by the support

09:23:19 that you receive among the religious and the

09:23:22 nonreligious in the community in doing so.

09:23:24 So I encourage you to exercise your leadership here and

09:23:29 end this.

09:23:30 The best thing to do for everybody involved.

09:23:32 Thank you for your time.

09:23:33 >>THOMAS SCOTT: Next speaker.

09:23:41 My name subpoena Cynthia Shallahbarger, west Watrous

09:23:46 Avenue.

09:23:46 I'm here this morning to -- well, I would like to read

09:23:50 the public notice requirement related to section

09:23:53 27-394-C-4.

09:23:59 It reads: The zoning administrator shall call for a

09:24:03 sign to be posted in a conspicuous place on or near the

09:24:08 front of the subject property, adjacent to a street or

09:24:10 public right-of-way, and not within a building nor

09:24:13 obstructed by any sight feature no less than 30 days

09:24:17 prayer to the scheduled public hearing.

09:24:20 If the property maintains two or more street frontages

09:24:23 no less than one sign shall be posted per property

09:24:27 frontage.

09:24:27 The zoning administrator shall mark approximate sign

09:24:31 locations on the site or boundary survey as provided at

09:24:33 the time of application submittal to the Land

09:24:35 Development Coordination office and return a copy to

09:24:39 the applicant.

09:24:40 The sign, which may be cardboard, metal or other

09:24:43 substance, shall be the size of not less than 18 inches

09:24:47 by 24 inches upon which shall appear the following

09:24:52 information.

09:24:53 Public hearing, rezoning, hearing before City Council,

09:24:57 City of Tampa, City Council chambers, City Hall, to be

09:25:03 rezoned from blank to blank.

09:25:08 Well, that's pretty clear to me.

09:25:10 But I have been told that really all that means is that

09:25:16 a petitioner -- all the petitioner needs to do is put

09:25:20 up a sign, take a picture of it, you know, maybe that

09:25:27 will take 30 seconds, take a picture of it.

09:25:31 Take a couple pictures, a close-up sign and far-away

09:25:35 sign, and then they would just sit back with a sworn

09:25:38 affidavit in their application and submit this to the

09:25:41 city.

09:25:42 And then they have met that requirement.

09:25:46 Well, I believe this is against the intent of the law.

09:25:50 How can you just say that you put up a sign, take a

09:25:53 picture of it, and swear that you have taken a picture

09:25:57 of it, and you put it on the property, but then you

09:26:00 take the sign down, and that's all you have to do and

09:26:03 you have met this code.

09:26:04 This makes no sense to me.

09:26:06 The Tampa City Council needs to change the public

09:26:08 notice requirement to protect the people who have a

09:26:14 right to know.

09:26:17 Even my eight-year-old could understand this.

09:26:19 It's not rocket science.

09:26:22 When somebody wants to rezone our community, or your

09:26:25 neighborhood, I understand that they have to put a

09:26:28 sign, like a big sign like the county commissioners

09:26:31 require, a huge sign that they put up, and you see

09:26:36 them.

09:26:36 They are in visible places and they have to be left

09:26:39 there for 30 days, not 30 seconds.

09:26:41 So I really -- this needs to be changed.

09:26:46 It's unfair and it's inappropriate.

09:26:48 And I think that the bottom line here is that it is

09:26:51 against the intent of the law.

09:26:54 Thank you.

09:26:55 >>THOMAS SCOTT: Thank you very much.

09:26:57 Next speaker.

09:26:57 >> Andy young, Seffner, Florida. I too would like to

09:27:05 speak on the invocation.

09:27:08 Prayer in a government setting is inappropriate.

09:27:14 I would like tock see the practice eliminated and

09:27:17 replaced with a moment of reflection which would

09:27:19 encompass everybody.

09:27:20 You can pray if you want.

09:27:21 You don't have to.

09:27:22 You can go over your checkbook if you want to.

09:27:25 So the matter of prayer before council meeting is

09:27:29 inappropriate in my opinion and I would like to see it

09:27:32 stopped.

09:27:32 Thank you.

09:27:32 >>THOMAS SCOTT: Thank you.

09:27:34 Next speaker.

09:27:35 >> Good morning, council.

09:27:40 Especially you, Reverend Scott.

09:27:42 Glad to see you back.

09:27:45 You are here for the good times.

09:27:48 I missed you.

09:27:51 My name is Joseph Booker.

09:27:54 I am here representing the Gandy sun bay south civic

09:27:57 association in the absence of our president Al

09:28:00 Steenson.

09:28:01 We were here last week to address item number 7, or two

09:28:07 weeks ago, item number 70 on March 4th, file

09:28:10 820-10-34 regarding silverhead expressway connector on

09:28:17 Gandy Boulevard.

09:28:18 It's an abomination as we have begun to call it.

09:28:22 It's not wanted.

09:28:23 It's not needed.

09:28:24 It's too expensive.

09:28:25 And you missed out on all the fun.

09:28:28 I'm sorry.

09:28:30 I'm not going to do it all over again.

09:28:34 But the petitions and the e-mails are on file.

09:28:39 I understand that Marty stone came to see you

09:28:43 yesterday, and I'm sure he presented his side of the

09:28:45 story.

09:28:45 I just wanted to make sure that this item didn't get

09:28:51 lost in the stack.

09:28:54 It wasn't on the agenda today, and it concerned me a

09:28:57 little bit.

09:28:59 But Councilwoman Mulhern started it, and I think

09:29:03 Charlie Miranda seconded the motion back in February,

09:29:08 it was continued till two weeks ago, and now we are

09:29:10 here again.

09:29:11 But when we left, the five-minute PowerPoint

09:29:16 presentation by THEA had not occurred but I did turn on

09:29:21 the television set and watched it.

09:29:23 And as I recall -- as a matter of fact, I'm quite sure

09:29:25 that it was the mood of the council at that time that

09:29:27 we were going to table everything until you got back,

09:29:33 because of your position in transportation, which I

09:29:36 respect that.

09:29:36 I think that was a good idea.

09:29:38 But what we want to see happen now, just go forward.

09:29:44 Council, the request was that you hear what the public

09:29:46 had to say.

09:29:48 THEA's position on this project was it was not going to

09:29:52 happen.

09:29:52 If it did not have the support of the community.

09:29:55 That was stressed two or three times.

09:29:57 And it came up on several occasions, and the slide was

09:30:02 presented.

09:30:03 The overwhelming dissatisfaction with this project,

09:30:08 which we consider nothing more than an empire building,

09:30:14 as I said, it's too expensive.

09:30:16 We don't need it.

09:30:17 The reason it was called for the first time was because

09:30:19 of the development on Westshore Boulevard and all the

09:30:22 condominiums that were going to be built and this

09:30:24 wonderful development and all these impact fees that

09:30:27 were paid.

09:30:27 I hope you still got them, because we are going to need

09:30:31 them if it ever happens.

09:30:32 But we don't need that thing now.

09:30:42 So what I have asked Council to do at this time is to

09:30:44 pick up where we left off two weeks ago is get this

09:30:45 letter to THEA expressing the concerns of the community

09:30:48 and hopefully your concerns, too, that we don't need

09:30:51 this thing, we don't want this thing, and it's not

09:30:54 needed, and it's an abomination, even creates more --

09:30:59 talk about divisiveness, this thing draws a line in the

09:31:03 sand.

09:31:03 Okay, this is the north side of Tampa.

09:31:05 The south side is somewhere else.

09:31:07 This is an issue I have been fighting as a member of

09:31:09 the community.

09:31:11 (Bell sounds)

09:31:12 And that's it.

09:31:13 Thank you for going to Haiti.

09:31:15 >>THOMAS SCOTT: It's scheduled to come back, I think,

09:31:17 on the 15th, isn't it?

09:31:18 It's a future agenda item.

09:31:20 I know we reviewed it yesterday but it is set to come

09:31:22 back.

09:31:23 >>MARY MULHERN: Mr. Chairman, I don't know that it's

09:31:26 scheduled.

09:31:27 Way was intending to do since you weren't here --

09:31:32 >>THOMAS SCOTT: Oh, there was no motion?

09:31:34 >>MARY MULHERN: No. What happened, since you weren't

09:31:36 here, I suggested that I would come back at a future

09:31:40 meeting when you are here, and I was going to bring it

09:31:43 up in new business.

09:31:44 I think the question for you is if you have had an

09:31:48 opportunity to review that meeting.

09:31:53 I am going to bring it up in new business today.

09:31:59 >> To schedule it?

09:32:00 >>MARY MULHERN: Well, way said at the last meeting was

09:32:02 I would bring up -- make a motion for council to write

09:32:09 a letter to the expressway authority expressing the

09:32:16 majority view of our constituents at that meeting.

09:32:19 So that's what I will do at that point.

09:32:24 >>THOMAS SCOTT: Okay.

09:32:25 That's fine.

09:32:25 >>> Thank God you're back.

09:32:27 >> My name is Pastor Williams, Paradise Baptist church,

09:32:42 a pastor, and I'm here to talk about oppose certain

09:32:48 things, and the reason I oppose it is because I'm a

09:32:51 preacher, and I'm a Biblical preacher, and I try to

09:32:55 preach the truth.

09:32:56 The word is the truth.

09:32:57 I have something to say today.

09:33:00 I really don't understand what the atheists really

09:33:03 objection is, but I have got to say something.

09:33:05 This prayer bothers them so much, why don't they just

09:33:09 get out of here and walk out of here?

09:33:14 You don't have to sit here and listen to my prayer.

09:33:16 If I want to pray the Lord's prayer that's my business.

09:33:18 And it ought to be your business.

09:33:20 Another thing I would like to say.

09:33:22 If you don't believe in God almighty, hold your breath,

09:33:29 and God created the heaven and the earth.

09:33:35 The book of genesis.

09:33:36 Why do we sit silent when the devil come up against us?

09:33:42 And he believe in killing all the Jews.

09:33:47 Got a lot of atheists based on murder.

09:33:51 And got the credentials of an atheist, Lord have mercy,

09:33:55 what's wrong with us?

09:33:56 I am not going to bow down to no atheist.

09:33:59 I am going to bow down to God almighty, the creator and

09:34:04 sustainer of this universe.

09:34:06 You have got your rights.

09:34:07 You have got your rights as a human being.

09:34:09 What else you want?

09:34:11 You want us to bow down to you?

09:34:13 No, we are not going to bow down to you.

09:34:16 >>THOMAS SCOTT: Sir, you have to talk to council.

09:34:19 Reverend Williams, talk to council.

09:34:20 >> Okay, okay, council, I'm talking to you.

09:34:23 Talking to them, too.

09:34:24 I know they got to hear me.

09:34:27 Lord have mercy.

09:34:27 What's wrong with your nature?

09:34:30 Are we going backwards instead of moving forward?

09:34:33 Jesus Christ, we got to bring them to have who Jesus

09:34:41 is, who God is.

09:34:44 Jesus Christ died for our sins.

09:34:46 Lord have mercy.

09:34:46 Why don't you get improper act together?

09:34:48 I don't want to keep coming down here.

09:34:50 But I guarantee God going to bring judgment.

09:34:53 God bless you.

09:34:56 [ Applause ]

09:34:58 >> please, please.

09:35:03 This is no performance here.

09:35:08 Okay, yes, sir, go ahead.

09:35:09 >> Yes.

09:35:10 My name is Ron Sanders.

09:35:12 I'm the pass tower of light house Baptist church in

09:35:15 Largo and I'm here as a result of the protesting on

09:35:18 prayer.

09:35:18 But I would like to read something.

09:35:22 In the summer of 1787 representatives met in

09:35:25 Philadelphia to write the Constitution of the United

09:35:28 States after they had struggled for several weeks, and

09:35:32 had made little or no progress, 81-year-old Benjamin

09:35:37 Franklin rose and addressed the troubles and disagree

09:35:41 being convention that was about to adjourn in

09:35:43 confusion, and I quote Benjamin Franklin.

09:35:47 In the beginning of the contest with Britain, when we

09:35:50 were sensible of danger, we had daily prayers in this

09:35:54 room for divine protection.

09:35:56 Our prayers were heard, and they were graciously

09:36:00 answered.

09:36:01 All of us who were engaged in this struggle must have

09:36:05 observed frequent instances of superior intending

09:36:08 providence in our favor.

09:36:11 Have we now forgotten this powerful friend?

09:36:13 Or do we imagine we no longer need his assistance?

09:36:17 I have lived, sir, a long time, and the longer I live,

09:36:20 the more convincing proofs of this seen of this truth

09:36:24 that God governs in the affairs of men, and if the

09:36:28 sparrow cannot fall to the ground without his notice,

09:36:31 is it probable that an empire can rise without his aid?

09:36:35 We have been assured, sir, in the sacred writings, that

09:36:38 accept the Lord build a house they labor and vein and

09:36:42 build it.

09:36:42 I firmly believe this.

09:36:44 I therefore beg, leave to move that hence forth prayers

09:36:49 imploring the assistance of heaven and Hess blessings

09:36:53 on our deliberations be held in this assembly every

09:36:57 morning.

09:36:59 End of quote.

09:37:01 George Washington said, and I quote, no people can be

09:37:04 bound to acknowledge and adore the invisible hand which

09:37:08 conducts the affairs of men more than the people in the

09:37:11 United States.

09:37:11 Every step by which they have advanced to the character

09:37:15 of the independent nation seem to have been

09:37:18 distinguished by some token of providential agency.

09:37:22 We ought to be no less persuaded than the favor and

09:37:26 smiles of heaven cannot be expected on a nation that

09:37:30 this regards the eternal rules of order and right with

09:37:34 heaven itself has ordained.

09:37:36 End of quote.

09:37:37 Abraham Lincoln said: It is the duty of nations as

09:37:42 well as of men to own their dependence upon the

09:37:46 overruling power of God and to recognize the sub lime

09:37:50 truth announced in the holy scriptures and proven by

09:37:53 all his history that those nations only are blessed

09:37:57 whose God is the Lord.

09:37:59 End of quote.

09:38:01 And I would like to encourage you to continue your

09:38:04 prayer.

09:38:06 I'll tell you what.

09:38:07 If you study our forefathers, over and over again, they

09:38:12 were Christians.

09:38:13 They were serious about prayer.

09:38:15 And, you know, so a small group of people are offended

09:38:22 by you praying.

09:38:23 Think about this.

09:38:24 If you stop praying, you think about the large group of

09:38:28 people of faith and prayer, and you are going to offend

09:38:32 us.

09:38:32 And most of all, you are going to offend almighty God.

09:38:36 God is real.

09:38:37 I know at one time I used to be an agnostic.

09:38:39 I didn't believe in God.

09:38:40 All of a sudden I wondered, is God real?

09:38:43 And I studied evolution to find out --

09:38:48 (Bell sounds).

09:38:48 >>THOMAS SCOTT: Thank you very much thank you.

09:38:50 >> Thank you for your time and continue prayer.

09:38:52 >>THOMAS SCOTT: Next speaker.

09:38:53 >> I live in South Tampa.

09:38:56 Wouldn't it be nice to be able to put an end to all of

09:38:58 this and go about the business of governing here in the

09:39:00 chambers?

09:39:02 The power is in your hands.

09:39:04 Thank you.

09:39:05 >>THOMAS SCOTT: Thank you.

09:39:05 Next speaker.

09:39:05 >> I'm pastor resurrection temple house of prayer.

09:39:17 I'm here today as a public citizen and stand up for my

09:39:21 rights.

09:39:22 And we talk about the violation of whose rights are

09:39:26 being violated.

09:39:27 The president of the United States had to fight a

09:39:31 battle whether or not he could say an oath with God's

09:39:35 name in it.

09:39:35 The Supreme Court ruled that it was up to him whether

09:39:38 or not he wanted to do that.

09:39:40 City Council is here to represent the people and the

09:39:43 part of the government.

09:39:44 The government should be the biggest example of civil

09:39:46 rights that exists.

09:39:47 And it's said that the government should honor freedom

09:39:51 of speech and each and he have one of you as council

09:39:55 members don't lose your Constitutional rights by being

09:39:58 City Council members.

09:39:59 You have the right to believe or not to believe.

09:40:01 You have the right to pray or not to pray.

09:40:04 So I'm here to make sure that you are not forced in a

09:40:08 decision of threat by about civil rights, because like

09:40:11 the atheists, my civil rights is threatened on the

09:40:15 other side.

09:40:16 So I want to stand up for that.

09:40:18 Atheism has been declared by the Supreme Court as a

09:40:21 religion, and therefore it cannot just come in and say,

09:40:26 well, hey, my religion of nonbelief is better than your

09:40:30 knowledge religion of belief.

09:40:31 It's an individual choice.

09:40:32 You have that individual choice.

09:40:34 And I believe all of you all made the right choice.

09:40:38 If it was left up to me, I would pray.

09:40:40 It's almost like saying, hey, we don't want prayer in

09:40:44 City Council.

09:40:45 Then tomorrow we don't want blacks in City Council.

09:40:47 We don't want Italians in City Council.

09:40:49 We don't want Spanish in City Council.

09:40:51 And furthermore, we don't want whites in City Council.

09:40:54 So that's an opinion of different peoples.

09:40:56 And whoever has that belief.

09:40:59 But it's up to you to stand up for the people.

09:41:01 You are the elected officials and it's for you to set

09:41:03 an example of freedom of speech.

09:41:05 And I hope all of you all recognize when you do that

09:41:08 keep right on speaking as you spoke.

09:41:12 >>JOSEPH P. CAETANO: I would like to ask you a

09:41:13 question.

09:41:17 Do you collect a basket around to collect money?

09:41:22 >> I don't know whether you call passing a basket

09:41:28 around.

09:41:28 >>JOSEPH P. CAETANO: Way wanted to say, this is

09:41:33 probably what you are getting at.

09:41:34 It says in God we trust.

09:41:46 I love your speech, sir, and I support you.

09:41:49 >> Okay, okay.

09:41:51 Well, thank you for that.

09:41:52 >>THOMAS SCOTT: Thank you very much.

09:41:54 That concludes our public comment.

09:41:56 We'll move now to --

09:41:59 >>JOHN DINGFELDER: I would like to make a motion on

09:42:01 this issue.

09:42:02 My motion is that just by verbal resolution, nothing

09:42:08 formalized or anything, that we affirm our policy.

09:42:12 We have been hearing this discussion, and I totally

09:42:16 appreciate.

09:42:17 I completely appreciate everybody's first amendment

09:42:18 right to tell us how they feel about this issue.

09:42:21 But now we have heard how the community feels about

09:42:23 this issue, and, frankly, I'm comfortable with our

09:42:27 current policy.

09:42:28 It's been in place for quite awhile.

09:42:30 And I would make a motion that we just affirm the fact

09:42:35 that we are going to continue on with our current

09:42:37 policy.

09:42:37 >>GWEN MILLER: Second.

09:42:39 >>LINDA SAUL-SENA: Thank you.

09:42:42 And there is a pamphlet developed by the -- it was the

09:42:46 national conference for community and justice, now

09:42:48 community Tampa Bay.

09:42:50 It's called prayer in a diverse setting.

09:42:55 And we have as a policy given it to the people who are

09:42:57 going to keep give the invocation to sensitize them to

09:43:02 the concerns of the community.

09:43:03 And I encourage all the council members as part of our

09:43:05 policy to share this brochure, and I have many copies,

09:43:08 with the people who are going to give the invocations

09:43:10 and sensitize them.

09:43:12 Previously, many, many, many years ago, when I was

09:43:15 first on council, all prayers was given by the white

09:43:19 male Baptists and that was a little limited and we

09:43:21 recognize it went to a diverse community and any

09:43:24 invocation should be sensitive to the variety of

09:43:27 beliefs held in the community.

09:43:28 >>THOMAS SCOTT: In other words, council, to ask that

09:43:33 the prayers be ecumenical, inclusive of all as

09:43:38 Councilwoman Saul-Sena said.

09:43:39 And this isn't on our agenda, but motion moved and

09:43:42 seconded.

09:43:43 I would only say to the public, to the listening

09:43:45 public, to our audience today, I believe in the public

09:43:49 process.

09:43:50 I believe that every citizen of these United States

09:43:54 have a right to come and address their elected

09:43:56 officials.

09:43:56 That is your right.

09:43:59 I do not believe in silencing the voice of those who

09:44:04 wish to address council.

09:44:06 No matter what that issue is.

09:44:08 Those who are atheists come and wish to address

09:44:11 council, that is your right.

09:44:12 Under the Constitution.

09:44:14 But it's what is not your right is to interfere or I

09:44:19 should say disrupt the process of the people.

09:44:24 That is not your right.

09:44:25 You have a right to come and be here during the

09:44:28 invocation.

09:44:29 You have a right not to be here, to remain out side, or

09:44:32 the right to be seated and refuse to stand.

09:44:34 That's your right.

09:44:36 I will never know if a person is a believer,

09:44:38 nonbeliever or atheist if you didn't tell me.

09:44:45 You do not have a right to disrupt council when we are

09:44:47 doing the pledge. One nation under God.

09:44:51 And that continues to be the case.

09:44:55 You have a right to stand.

09:44:57 You have a right to be seated.

09:44:58 You have a right to not say the pledge.

09:45:00 You have a right to say the pledge.

09:45:02 So I adjustment want to be clear today that every

09:45:04 citizen of Tampa, of these United States, have a right

09:45:08 to come and address council in a very orderly process

09:45:11 and manner.

09:45:12 You will be heard.

09:45:13 Okay.

09:45:14 There's a motion on the floor.

09:45:16 >>MARY MULHERN: Thank you.

09:45:22 I just wanted to say recently when the atheists came

09:45:29 and spoke, I did some research, and there's a Supreme

09:45:33 Court decision, and I think Mr. Fletcher, our city

09:45:38 attorney, said this at this point recently, that

09:45:43 upholds the invocation or prayer at public meetings,

09:45:50 and what they said was it is not an establishment of

09:45:53 religion.

09:45:54 So I think it's been decided by the Supreme Court that

09:45:57 this is not unconstitutional.

09:46:00 I think it's pretty clear that the majority of this

09:46:05 council is not going to change our policy, is not in

09:46:10 favor of changing our policy, and I just wanted to say

09:46:16 that.

09:46:17 I think that everyone else is has pretty much said what

09:46:23 needs to be said, and atheists are welcome to

09:46:27 participant in the invocation or whatever you want to

09:46:30 call it, if you want to call it a moment of silence or

09:46:33 reflection.

09:46:36 When my assignments come up I'll make sure that I

09:46:39 invite someone to come and do that.

09:46:42 But I think that we are taking up a lot of public time

09:46:45 on this issue, and I think we need to move on and not

09:46:50 be wasting people's time.

09:46:52 >>CHARLIE MIRANDA: Mr. Chairman, this is getting as

09:46:57 bad as to fire or not to fire.

09:46:59 I'm not in a joking mood at all.

09:47:02 I'm not going to vote to reaffirm something that I am

09:47:06 already doing.

09:47:06 It's like saying, listen, I have a driver's license but

09:47:09 I am calling the bureau of motor vehicles so I can

09:47:12 drive every morning for permission.

09:47:15 It's already here.

09:47:16 So I am not going to vote for a political issue.

09:47:19 I am going to stay.

09:47:20 If it comes to a vote, I am going to vote no because I

09:47:23 am already doing what I am doing.

09:47:24 I don't have to be reaffirm whether you are married or

09:47:27 not married.

09:47:28 You want to be single that's fine.

09:47:29 But if you married, do you reaffirm that you are

09:47:33 married?

09:47:33 Of course not.

09:47:34 So we are getting to the point of firing, not firing,

09:47:37 and nobody is going to get fired, believe me.

09:47:40 Until the facts are all there.

09:47:42 The same thing with this.

09:47:43 If you leave it just like it is, those are the facts.

09:47:49 So I was in the office doing a little work, catch up,

09:47:53 and I heard it on the monitor, and I was coming back

09:47:57 when Mr. Shelby came in to get for the vote.

09:47:59 I said I'm not playing this game.

09:48:03 That's for both sides.

09:48:06 Thank you.

09:48:06 >>JOHN DINGFELDER: Mr. Miranda, I think your comments

09:48:12 indicate that we are both on exactly the same side of

09:48:13 this issue, because the only reason I made the motion

09:48:16 is to just send a message to say this is our policy, we

09:48:21 are sticking with it, and it's not a game.

09:48:24 We have a different approach to how to wrestle with

09:48:27 this.

09:48:27 But at the end of the day, I think we are both saying

09:48:29 the same thing.

09:48:30 Let's put this to bed.

09:48:32 This is our policy.

09:48:32 Let's move forward.

09:48:33 That's the intent of my motion.

09:48:35 >>GWEN MILLER: And that is the reason why I seconded

09:48:39 the motion because I feel the same way.

09:48:41 We have been going through this week after week and we

09:48:43 need to reaffirm what our policy is, and that is our

09:48:47 policy, and we are not changing, and that is why I

09:48:50 seconded it.

09:48:52 >>THOMAS SCOTT: There is a motion on the floor.

09:48:53 Moved and seconded.

09:48:54 All in favor signify by saying Aye.

09:48:56 Opposes?

09:48:56 >>THE CLERK: Motion carried with Miranda voting no.

09:49:01 >>THOMAS SCOTT: Let's move on.

09:49:02 We will review our agenda at this time.

09:49:03 >> Good morning, Mr. Chairman.

09:49:09 Members of City Council.

09:49:12 In front of you, you have the addendum to today's

09:49:15 agenda.

09:49:17 To begin with, there are a couple of items and business

09:49:23 that could be taken up at this time with the approval

09:49:26 of the agenda.

09:49:26 The first is a request by Greg Ray Hart, the manager of

09:49:30 the minority business office to schedule a 30-minute

09:49:33 workshop to present the SBLE manned WMBE program on

09:49:40 April 22nd, 2010.

09:49:42 Council's suggestion is to set that at 9 a.m.

09:49:45 >>LINDA SAUL-SENA: Is 30 minutes necessary?

09:49:50 >> Yes, they requested 30 minutes.

09:49:51 >>MARTIN SHELBY: Also, council, the presentation of a

09:49:54 resolution, council member Mulhern had asked that a

09:49:57 resolution be presented setting forth your

09:50:00 recommendations to the budget advisory committee and

09:50:04 I'm finalizing that this morning.

09:50:06 I would like to bring that back immediately after lunch

09:50:08 for passage.

09:50:09 With regard to the next week's workshop, there is an

09:50:15 order of business that after review appears that it

09:50:20 would aid in the flow of the presentation and make

09:50:23 things a lot more understandable and consecutive.

09:50:29 So in front of you is the suggestion to reorder and to

09:50:35 set the things for different times.

09:50:40 And it is the suggestion that council approve that so

09:50:42 that order appears on next week's workshop agenda.

09:50:49 Moving on, item number 6, I believe council member

09:50:52 Dingfelder is requesting that item number 6 be pulled

09:50:56 from the con sec sent docket and ask that staff appear

09:50:59 under staff reports.

09:51:00 Item number 47 is a substitute ordinance that is being

09:51:08 presented by the legal department to reflect the

09:51:09 changes approved by council on March 4th.

09:51:13 Item 61, for those who might be interested in the

09:51:18 petition of V-10-92 which is scheduled to be heard at

09:51:25 1:30, or was scheduled to be heard at 1:30, that is at

09:51:30 4220 North Armenia.

09:51:32 That will not be heard.

09:51:33 It cannot be heard.

09:51:34 No affidavit was filed.

09:51:36 That administratively was rescheduled to April 15th

09:51:39 at 1:30 in the afternoon.

09:51:41 Council, I am going to have to ask that item 36 be held

09:51:45 from the consent docket because that should be adopted

09:51:50 after council does the second reading on item 48.

09:51:55 And finally, council, item 57, you have a memorandum

09:52:00 from assistant city attorney Rodriguez regarding the

09:52:04 independent contractor agreement forms.

09:52:06 Those are the changes that I present to you for the

09:52:09 agenda.

09:52:09 And I ask for your approval.

09:52:11 >>THOMAS SCOTT: Is there a motion?

09:52:14 >> So moved.

09:52:15 >>JOHN DINGFELDER: One other item on Ms. Mulhern's

09:52:19 committee, item 33.

09:52:20 I didn't want to pull it, but I just wanted to comment

09:52:23 on it.

09:52:24 So I will just ask her indulgence when we get to it.

09:52:29 >>THOMAS SCOTT: Is there a second?

09:52:30 >>CHARLIE MIRANDA: Second.

09:52:31 >>THOMAS SCOTT: Seconded by councilman Miranda.

09:52:33 All in favor signify by saying Aye.

09:52:35 Opposes?

09:52:35 Does that include all the changes to the agenda as well

09:52:38 as items of new business today?

09:52:39 >> Yes.

09:52:40 >>THOMAS SCOTT: Okay.

09:52:40 With that being said, then we will move now.

09:52:45 Is there anyone hear to request a reconsideration on a

09:52:48 legislative matter?

09:52:50 Anyone here to request a reconsideration on a

09:52:52 legislative matter?

09:52:53 Okay.

09:52:54 Then we'll move now to the committee reports.

09:52:57 Public safety, councilman Miller.

09:53:01 >> I move 1, 2 and 3.

09:53:04 >>CHARLIE MIRANDA: Second.

09:53:05 (Motion carried).

09:53:06 >>THOMAS SCOTT: Okay.

09:53:07 Parks and recreation.

09:53:08 Councilwoman Linda Saul-Sena.

09:53:09 >>LINDA SAUL-SENA: I would like to move resolutions 4

09:53:12 through 12.

09:53:13 >>THOMAS SCOTT: Pulling 6.

09:53:16 >> Pulling 6.

09:53:17 >>THOMAS SCOTT: Moved and seconded.

09:53:20 (Motion carried)

09:53:21 Public Works Committee, councilman Charlie Miranda.

09:53:24 >>CHARLIE MIRANDA: Move items 137 through 27.

09:53:26 >>THOMAS SCOTT: Seconded by councilman Dingfelder.

09:53:32 All in favor signify by saying Aye.

09:53:34 Opposes?

09:53:35 Okay.

09:53:36 Finance Committee, Councilwoman Mulhern.

09:53:37 >>MARY MULHERN: I move items 28 through 34, and I

09:53:43 would like Mr. Dingfelder to comment on 33 now.

09:53:50 >>JOHN DINGFELDER: Just 33.

09:53:50 Mr. Territo?

09:53:53 I know they are few and far between but I want to

09:53:58 compliment you guys on your work on this item.

09:54:00 As council might recall, this was the confidentiality

09:54:08 agreement with Office Depot as related to an audit we

09:54:10 are going to conduct and council had some issues with

09:54:13 it.

09:54:13 We asked legal to go back to them and renegotiate some

09:54:16 of the finer details, and I see that you all did that

09:54:18 and did a good job from what I can see, and I just

09:54:21 wanted to express my appreciation.

09:54:22 >>SAL TERRITO: Thank you.

09:54:25 >>THOMAS SCOTT: Moved and seconded.

09:54:26 All in favor signify by saying Aye.

09:54:29 Opposes?

09:54:29 Okay. Building and zoning. Councilman Caetano.

09:54:32 >>JOSEPH P. CAETANO: I move items 35 to 41.

09:54:49 >>GWEN MILLER: Moving 36 to after 48.

09:54:52 >>THOMAS SCOTT: Moving 36 to after 48. That's right.

09:54:52 Moved and seconded.

09:54:55 >>LINDA SAUL-SENA: I just want to comment on 37 which

09:55:00 is the lease for some office space at the Tampa Union

09:55:03 Station.

09:55:06 That's a great building.

09:55:07 It was rehabbed with public transportation money and

09:55:10 the city manages the building.

09:55:13 And we have some empty spaces that houses them, and I'm

09:55:19 really eager for us to generate all the revenue streams

09:55:24 we can.

09:55:25 Frankly, the building being old is additional work and

09:55:27 I would assume keeping it in the good shape -- I would

09:55:35 like -- a written report will be fine, but a written

09:55:38 report in 30 days on how we are doing with leasing the

09:55:40 rest of the space and the baggage building as well as

09:55:43 Union Station and how we are doing with repairs to the

09:55:46 building.

09:55:46 A staff report in 30 days.

09:55:47 >> Second.

09:55:49 >>THOMAS SCOTT: Moved and seconded.

09:55:51 All in favor say Aye.

09:55:52 Opposes?

09:55:53 Okay.

09:55:53 Transportation committee.

09:55:54 Councilman John Dingfelder.

09:55:55 >>JOHN DINGFELDER: I'll move items 42 through 44.

09:55:59 >> Second.

09:56:01 >>THOMAS SCOTT: Moved and seconded.

09:56:02 All in favor signify by saying Aye.

09:56:04 Opposes?

09:56:05 >>GWEN MILLER: I would like to set item 45 for a

09:56:10 public hearing.

09:56:11 >>LINDA SAUL-SENA: Second.

09:56:13 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:56:15 Opposes?

09:56:16 We'll move now to 9:30 items, continued public hearing.

09:56:20 These are your second readings.

09:56:31 Item 46.

09:56:32 If you are going to be speaking or testifying today,

09:56:34 please stand and be sworn.

09:56:35 >>THE CLERK:

09:56:42 (Oath administered by Clerk).

09:56:48 >>MARTIN SHELBY: I ask at this time that all written

09:56:50 communication relative to today's hearings which have

09:56:52 been available for public inspection in City Council's

09:56:56 office be received and filed into the record at this

09:56:57 time.

09:56:57 >>GWEN MILLER: So moved.

09:56:59 >>LINDA SAUL-SENA: Second.

09:56:59 >>THOMAS SCOTT: All in favor say Aye.

09:57:03 Opposes?

09:57:04 >>MARTIN SHELBY: Secondly if any members of council

09:57:05 had any verbal communication with any petitioner, his

09:57:08 or her representative or any member of the public in

09:57:10 connection with any of today's hearings, that member of

09:57:13 council should prior to action disclose the following.

09:57:15 The person or persons, group or entity with whom the

09:57:17 verbal communication occurred, and the substance of

09:57:19 that verbal communication.

09:57:21 And finally, I do ask there is a sign-in sheet out side

09:57:25 if you are going to be testifying, please be sure to

09:57:27 sign that sign-in sheet.

09:57:29 And a reminder to those who come up here that you need

09:57:31 to be sworn.

09:57:32 Thank you.

09:57:33 >> Item 46.

09:57:38 >> Towanda Anthony, Land development. ^

09:57:44 Council, item 46, 49, 50 and 52 --

09:57:47 >> I'm sorry, you need to open the public hearing.

09:57:50 >>THOMAS SCOTT: Moved and seconded.

09:57:55 All in favor say Aye.

09:57:56 Opposes?

09:57:57 Okay.

09:57:57 >>> Again, council, item 46, 49, 50 and 52 all require

09:58:07 certified site plan.

09:58:08 Site plans have been certified and provided to the

09:58:10 clerk.

09:58:11 If you have any questions.

09:58:18 >>THOMAS SCOTT: Item 46.

09:58:20 Anyone wish to address council on item 46?

09:58:22 >>GWEN MILLER: Move to close.

09:58:24 >> Second.

09:58:25 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:58:27 Councilman Miranda, would you read 46?

09:58:30 >>CHARLIE MIRANDA: Move an ordinance for second

09:58:31 reading and adoption, an ordinance rezoning property in

09:58:34 the general vicinity of 401, 403, 404, 405, 406 north

09:58:40 Hubert Avenue and 4214 West Gray Street in the city of

09:58:44 Tampa, Florida and more particularly described in

09:58:46 section 1 from zoning district classification PD

09:58:49 planned development, residential single-family

09:58:51 attached, to PD planned development, residential

09:58:54 multifamily, providing an effective date.

09:58:55 >>JOHN DINGFELDER: Second.

09:58:58 >>LINDA SAUL-SENA: I just wanted to express the reason

09:59:01 I'm voting against this is because on the particular

09:59:04 location where this petition is being requested, there

09:59:06 are a number of single-family homes, and this is going

09:59:09 to increase the density in the area that I think will

09:59:14 have a negative impact on the surrounding single-family

09:59:17 homes.

09:59:17 That's why I am voting against it.

09:59:19 >>THOMAS SCOTT: It's been moved and seconded.

09:59:21 Record your vote, please.

09:59:22 >>THE CLERK: Motion carried with Saul-Sena voting no.

09:59:30 >>THOMAS SCOTT: Item 47.

09:59:33 That's a substitute ordinance.

09:59:35 Anyone who wishes to address council on item 47?

09:59:38 >>GWEN MILLER: Move to close.

09:59:43 >>CHARLIE MIRANDA: Second.

09:59:45 >>THOMAS SCOTT: All in favor signify by saying Aye.

09:59:49 Councilwoman Mulhern.

09:59:50 >>MARY MULHERN: I move an ordinance presented for

09:59:53 second reading and adoption, an ordinance vacating,

09:59:55 closing, discontinuing, and abandoning a certain

09:59:58 right-of-way alleyway lying south of Carrington street,

10:00:02 north of Dorchester street, east of Himes Avenue and

10:00:05 west of Everina street in the corrected map Oakland

10:00:12 park, a subdivision of city of Tampa, Florida the same

10:00:15 being more fully described in section 2 hereof subject

10:00:17 to certain covenants conditions and restrictions as

10:00:20 more particularly described herein providing an

10:00:22 effective date.

10:00:22 >>THOMAS SCOTT: Seconded by councilman Miranda.

10:00:25 Record your vote, please.

10:00:26 >>THE CLERK: Motion carried with Saul-Sena voting no.

10:00:30 >>THOMAS SCOTT: Item 48 and 36 will be taken together.

10:00:37 Item 48 and 36.

10:00:38 Anyone wishing to address council on item 48 or 36.

10:00:44 Item 48 or 36.

10:00:45 Anyone wish to address council?

10:00:47 >> Bob mock Donna, economic development.

10:00:57 These two motions are again support the workforce

10:01:01 housing project that will be constructed in the north

10:01:06 part of downtown.

10:01:07 Thank you for council's support.

10:01:09 >>THOMAS SCOTT: Anyone else?

10:01:11 >> Motion to close.

10:01:12 >> So moved.

10:01:13 >> Second.

10:01:13 (Motion carried).

10:01:16 >>JOHN DINGFELDER: I move the following ordinance for

10:01:18 adoption approval at second reading.

10:01:21 An ordinance vacating, closing, discontinuing,

10:01:24 abandoning a certain right-of-way lying south of

10:01:26 fortune street, north of Harrison street, east of

10:01:28 Marion street and west of Morgan street in Tampa

10:01:31 general map of 1853, a subdivision in the city of

10:01:35 Tampa, Florida, the same being more fully described in

10:01:38 section 2 hereof, subject to certain covenants,

10:01:41 conditions and restrictions as more particularly

10:01:43 described herein, providing an effective date.

10:01:45 And I can't help but wonder if that might have been one

10:01:47 of the first plats, 1853.

10:01:51 >>LINDA SAUL-SENA: City cemetery.

10:01:54 >> Pretty close.

10:01:55 >>THOMAS SCOTT: All in favor -- record your vote:

10:02:02 >>THE CLERK: Motion carried unanimously.

10:02:09 >>LINDA SAUL-SENA: And I'll move the resolution.

10:02:12 >> Seconded by councilman Miranda.

10:02:16 All in favor?

10:02:17 Opposes?

10:02:17 Okay.

10:02:18 Item 49.

10:02:20 Item 49.

10:02:21 Anyone wish to address council on item 49 may come

10:02:24 forward at this time.

10:02:25 >> Jim Porter --

10:02:32 >>JOHN DINGFELDER: Excuse me.

10:02:32 I just want to make a disclosure real quick before Mr.

10:02:36 Porter gets started.

10:02:37 I was out at the Sunset Park neighborhood association

10:02:39 meeting, just a regular monthly meeting.

10:02:43 I think it was last week.

10:02:44 And several of the members, we were just having

10:02:52 questions and answer was me and several members

10:02:53 discussed the their concerns about the tower.

10:02:57 I expressed some concern that we weren't supposed to

10:02:59 talk about it.

10:03:00 But there was some discussion.

10:03:01 I wanted to disclose it.

10:03:02 And the substance of the discussion, they were

10:03:04 basically the same folks and the same discussion in

10:03:08 opposition to the tower that had been testified to at

10:03:11 first reading.

10:03:12 And so I'm comfortable with the limited discourse that

10:03:18 went on.

10:03:19 But I did need to disclose it under our rules with Mr.

10:03:26 Porter and his client, and I'm comfortable moving on.

10:03:30 >>LINDA SAUL-SENA: After the first reading and public

10:03:34 hearing on February 25th, V-10-01, I learned that

10:03:42 my spouse has a relationship with a company ClearWire,

10:03:46 who testified at a hearing and has a business interest

10:03:49 in the petitioner's application so I have to recuse

10:03:52 myself.

10:03:53 >>MARTIN SHELBY: If I can, Mrs. Saul-Sena, I have the

10:03:56 original of that.

10:03:59 That's a copy.

10:04:00 I am filing that on behalf now with the clerk, also a

10:04:02 copy of the memo that you had sent out.

10:04:04 Thank you.

10:04:05 >>JOHN DINGFELDER: For the record, you voted against

10:04:10 your husband's client?

10:04:14 >>LINDA SAUL-SENA: I didn't realize.

10:04:15 >>JOHN DINGFELDER: I think it sounds better actually.

10:04:18 >>THOMAS SCOTT: I appreciate councilman Dingfelder's

10:04:21 and Councilwoman ' s disclosure.

10:04:24 I think because it is a quasi-hearing I do have to

10:04:26 object to the attendance at that meeting.

10:04:28 I don't think that's appropriate given the nature of

10:04:30 the hearing.

10:04:31 That being said, we have nothing further to add except

10:04:33 that I am going to put in the record the minutes of the

10:04:37 last meeting, the transcript of the last meeting, and

10:04:40 an editorial in the "St. Pete Times" that went on

10:04:43 Tuesday about the decision to expand wireless and

10:04:46 broadband and Internet access.

10:04:51 So I would submit that into the record.

10:04:54 >>THOMAS SCOTT: Give it to the attorney.

10:04:56 >> We do have our team here if you have any questions.

10:05:07 Otherwise we'll have time for rebuttal.

10:05:09 >> Anyone wishing to address council on item 49?

10:05:12 Item 49.

10:05:13 Anyone from the public?

10:05:19 If you are in opposition you may take my right, your

10:05:22 left.

10:05:22 If you are in opposition, to my right.

10:05:24 If you are in opposition, take my right.

10:05:32 If you are in support, you can stand to my left.

10:05:40 You may come now and speak.

10:05:42 Each speaker has three minutes.

10:05:43 You don't have to use all three minutes if you don't so

10:05:46 desire.

10:05:46 Please come forward.

10:05:58 >>GWEN MILLER: Go ahead, sir.

10:05:59 >> My name is Bill cook.

10:06:01 I reside at 4704 west Neptune street in Tampa, Florida.

10:06:05 Our discussion today is about more than a tower.

10:06:08 It's about the fabric of our community.

10:06:11 Tampa is a city of neighborhoods, and our discussions

10:06:14 here and now is about whether or not the people who

10:06:17 live, get married, celebrate, pay taxes, worship and

10:06:21 die in our neighborhoods have the right, have the

10:06:25 support and have the freedom to determine what happens

10:06:28 in their own back yards.

10:06:30 Approval of this monstrous waiver makes our zoning and

10:06:34 planning moot.

10:06:37 Even a zoning policy, why even have a zoning policy if

10:06:40 you are going to grant such an ill-conceived and ill

10:06:43 desired waiver?

10:06:44 You might as well have no zoning and just let everyone

10:06:47 come here one at a time and have you decide all zoning

10:06:50 on a case-by-case basis.

10:06:52 Because that is wall be doing.

10:06:54 You will be opening up a flood gate.

10:06:56 Down the road, how will you be able to deny any extreme

10:06:59 request so flagrantly to this one.

10:07:06 Councilwoman Miller, you made a pretty strong case for

10:07:09 why you did not think we should change our existing

10:07:11 tower zoning.

10:07:13 You said a great deal of thought had gone into it and

10:07:15 we should work with the existing zoning requirements.

10:07:18 It was a pretty good argument.

10:07:20 Council told us not to be concerned that existing

10:07:23 zoning was more than adequate to protect our

10:07:25 neighborhoods while ensuring a sound infrastructure.

10:07:28 Ms. Miller, I would say on the face of it you were

10:07:30 right.

10:07:31 But your statement and the underlying promise only

10:07:35 works if you and council up hold and work within the

10:07:38 existing and voter-approved statute that you mentioned.

10:07:42 4343 Henderson Boulevard, a tiny postage stamp space

10:07:49 wedged into the front of Sunset Park is vitally

10:07:52 important because its protection represents a covenant

10:07:56 between the city and its citizens.

10:07:57 I beseech you to follow and fellow council members, do

10:08:01 not break this covenant.

10:08:02 Make the applicant follow the existing ordinance.

10:08:05 That is all we ask.

10:08:07 I would also like to enter for the record I have copies

10:08:09 for all of you.

10:08:10 These are photographs, to see what the zoning and

10:08:20 buffering looks like, and that's what we expect to get.

10:08:24 Finally, in closing, I have one final comment.

10:08:29 Last August when we were here asking the city to

10:08:32 strengthen tower ordinances to protect our

10:08:34 neighborhoods, councilman Miranda basically said to us,

10:08:37 why don't you just go home?

10:08:38 You got what you wanted at Coleman.

10:08:40 Leave everything else alone.

10:08:42 That statement has stuck in my craw every since.

10:08:46 I am proud to say my parents marched in the civil

10:08:49 rights movement with reverend Abernathy.

10:08:52 They were gassed by predatory and unjust people.

10:08:56 So I ask councilman Miranda, would you have told the

10:08:58 freedom riders of Selma and Birmingham just go on home,

10:09:02 you got what you wanted in Alabama, leave Mississippi

10:09:05 alone?

10:09:06 Well, I see the current action of opportunistic tower

10:09:10 builders as predatory and unjust and taking advantage

10:09:12 of vulnerable communities.

10:09:14 I would never equate our struggle here today with the

10:09:17 Herculean efforts of the civil rights campaign.

10:09:20 What I do believe the underlying principle is the same.

10:09:23 What diminishes my neighbor also diminishes me.

10:09:27 So, no, we will not go home.

10:09:28 I ask you to please deny this waiver on the second

10:09:32 reading.

10:09:32 Thank you.

10:09:32 >>THOMAS SCOTT: Next speaker.

10:09:35 >> Speaker waiver form.

10:09:44 One name is Katie Clooney.

10:09:49 One additional minute, please.

10:09:50 >> I want to speak.

10:09:51 I am opposed to the requested waiver to allow

10:09:53 construction of this tower.

10:09:54 First the height of the tower.

10:09:55 I'm sorry, Jim Clooney, 4401 Henderson Boulevard.

10:09:59 First the height of the tower at 150 feet is double the

10:10:02 permitted by existing zoning regulations.

10:10:04 That's double the existing allowance.

10:10:06 Second, if granted the council sets a precedent and it

10:10:09 will be difficult to deny subsequent similar tower

10:10:12 applications by petitioner or other companies

10:10:14 requesting height and setback variances in other

10:10:17 residential neighborhoods.

10:10:18 Various zoning laws are established to protect our

10:10:21 neighborhoods and while the land use specialist may say

10:10:24 the waiver is consistent with Tampa land use, it really

10:10:26 isn't.

10:10:27 If it were, it would allow for 120-foot tower to be

10:10:30 built.

10:10:30 The code does not allow for 150-foot tower at this

10:10:33 location.

10:10:34 As you know, staff has done so here.

10:10:39 Sitting out in the last hearing, and some things came

10:10:45 to my mind.

10:10:45 First of all, I didn't know most of the people who were

10:10:48 involved against the tower.

10:10:49 The few that I did know were passing acquaintances.

10:10:53 I got to wondering why it wags that so many people from

10:10:56 out side the area, didn't live anywhere near Sunset

10:11:00 Park, came to speak for the tower.

10:11:02 I'm curious by nature and I asked around.

10:11:04 And what I learned is that everyone would gain

10:11:08 financially or was personally or politically connected

10:11:11 with one of the petitioners, one of the partners of the

10:11:13 tower.

10:11:14 Of course the legal team and the experts are

10:11:15 compensated.

10:11:16 I understand that.

10:11:20 But what the B the man from Davis Island who was so

10:11:23 concerned from people out side the neighborhood

10:11:25 testifying against the tower.

10:11:26 Requesting why people from out side the naked were at

10:11:29 the hiring.

10:11:32 Responding councilman Dingfelder said, no, no way has

10:11:37 any financial aspect in this project whatsoever.

10:11:39 Could he have gone further and told Mr. Dingfelder and

10:11:43 said when he started to serve his responsibility he was

10:11:45 associated with McCluskey, the same law firm that the

10:11:49 petitioner's council up until a few weeks ago was

10:11:51 working for?

10:11:52 Could he have told you that his wife who was taking

10:11:54 notes at the hearing is a big democratic donor and

10:11:57 petitioner, friend of the petitioner?

10:11:59 What about Mr. Clendinen?

10:12:01 Certainly he has every right to speak just as I did,

10:12:04 and I am not questioning that.

10:12:05 But he told this council that people are opposed to

10:12:07 this tower are a moving target.

10:12:09 But please, he lives in Hyde Park.

10:12:12 I live two doors down from the proposed site.

10:12:15 And isn't Mr. Clendinen the head of the Hillsborough

10:12:18 party?

10:12:18 Is it a political issue to him?

10:12:21 Mr. Jacobs does live nearby.

10:12:23 He takes property manager he stands to gain

10:12:26 financially, however.

10:12:29 Mr. Bond who ho spoke in favor of the tower are

10:12:33 affiliated with the communication industry.

10:12:35 Several talked about how this tower is necessary and

10:12:38 how it's going to benefit those living near it.

10:12:41 But not one person who testified for it with the

10:12:43 exception of Mr. Atkins who lives about a half mile

10:12:46 away is close enough to realize any of the potential

10:12:48 benefit of some of this future service.

10:12:51 You will remember he's the person that assured us that

10:12:53 the smell from the water treatment facility would be

10:12:57 far worse than the tower, and somehow the tower would

10:13:00 be a step up for the neighborhood deserves another

10:13:03 affliction.

10:13:04 But then again he's also a personal friend of the

10:13:06 petitioner.

10:13:07 We also heard from Mr. Compton, who Mr. Porter

10:13:10 introduced to us twice as an expert, an engineer.

10:13:13 But he's not an expert.

10:13:14 He has indicated he was aware of the requirements to be

10:13:16 a professional engineer, that he did not know if he was

10:13:18 required to register with the Florida board of

10:13:20 engineers as required under board statute 471.

10:13:24 Now, the process allows all the opponents of this tower

10:13:27 to be heard.

10:13:27 At the last hearing petitioner's council wanted to have

10:13:30 opponents to stand up to show -- proponents to show how

10:13:33 much support there was for the tower; to persuade the

10:13:37 council to thinking there was substantial support, and

10:13:40 that the opponents were but a few vocal people.

10:13:43 I pray that the council recognizes that each proponent

10:13:47 of this tower was either personally a friend or stands

10:13:50 to gain politically or financially with the

10:13:51 construction of this tower.

10:13:53 I pray that the council rather than listen to the

10:13:55 business interest or politically connected people will

10:13:58 hear the voice of those who are truly going to be

10:14:00 affected by this tower.

10:14:02 Those who are here each day, those who do not want it.

10:14:05 And I am hoping you please listen to my neighbors who

10:14:09 are only seeking protection of the zoning laws.

10:14:12 They do not want the existing zoning law ignored.

10:14:15 80 feet would be allowed.

10:14:17 150 feet is not within the zoning code.

10:14:20 Please deny the petitioner's request.

10:14:24 >>THOMAS SCOTT: Next speaker.

10:14:24 >> Good morning.

10:14:31 My name is Fitzgerald, 47072 -- Avenue in Central Park,

10:14:38 Tampa.

10:14:38 I want to apologize at the outset, I am not an

10:14:42 accomplished public speaker.

10:14:43 And I have been donating my limits any time.

10:14:46 But I am always telling my kids to get out of their

10:14:49 comfort zone, so I guess I have to pony up and set an

10:14:52 example.

10:14:53 I had also planned to get at the end of the line

10:14:56 because I consider my remarks more of a closing

10:14:58 argument than an opening one, but I moved forward.

10:15:04 You heard a lot of talk at the last hearing and you are

10:15:07 going to hear more today.

10:15:08 I don't think that's a bad thing.

10:15:10 It's given you a lot of information.

10:15:11 It's given you lots to think about.

10:15:13 And it's given you contact with your constituents.

10:15:16 And that's a good thing.

10:15:17 But there is a down side.

10:15:19 There's a lot of talk or wind or whatever.

10:15:22 And that is that it can be confusing.

10:15:25 And speaking of confusing, the E-911 statute is as big

10:15:30 a catastrophe in terms of being comprehensible as

10:15:34 legislation pertaining to insurance, if you have ever

10:15:37 had the pleasure of navigating that.

10:15:40 We just came off the FCAT in our public schools, and

10:15:43 when kids are asked to take the FCAT, they are asked to

10:15:46 read passages and identify the same point in a passage.

10:15:50 In other words, they are asked, and that's what your

10:15:53 able attorney Ms. Cole did in her memo to council which

10:15:57 I did have the pleasure of reading and I agree with.

10:15:59 But I would like to take it a step further.

10:16:01 What I consider overly verbose E-911 statute is

10:16:06 confusing but it has a kernel in it that's not only

10:16:10 easy to understand but is the crystallized guide to the

10:16:13 correcting of legally defensible position council can

10:16:16 take.

10:16:18 This portion.

10:16:19 E-911 is your commandment not to -- a local

10:16:25 government's land development regulations to end local

10:16:29 government's review of an application for the placement

10:16:33 construction or modification of a wireless facility

10:16:35 shall only address land development issues.

10:16:42 The following is your "thou shalt" command it.

10:16:49 Cannot evaluate the wireless providers design service

10:16:52 unless the wireless provider, or the information or

10:16:55 materials are directly related to an identified land

10:16:57 development zoning issue or unless the wireless

10:17:00 provider voluntarily offers the information.

10:17:03 Based on this provision, the proliferation of towers is

10:17:07 you can and should be considered by council.

10:17:11 Finally, your saving grace, nothing in this paragraph

10:17:18 shall limit the local government from reviewing any

10:17:21 applicable land development or zoning issue addressed

10:17:26 in its adopting regulations that doesn't conflict, and

10:17:29 nothing in Tampa's does.

10:17:31 Including but not limited to aesthetics, landscaping,

10:17:34 land use based on location priorities, construction

10:17:38 design, and setbacks.

10:17:40 Boiled down, this proposal violates the city's code.

10:17:44 It's incompatible with the comprehensive plan not

10:17:47 withstanding they have gotten before, and I submit they

10:17:51 have now, and it's definitely not compatible with the

10:17:53 character of this quiet neighborhood.

10:17:56 Businesses at the site who because of lack of notice

10:17:59 learned about this last week and in an adjacent site

10:18:02 oppose it as do the homeowners.

10:18:05 (Bell sounds)

10:18:06 It's about zoning.

10:18:07 Please deny it.

10:18:08 >>THOMAS SCOTT: Thank you.

10:18:09 Next speaker.

10:18:09 >> My name is Lee Schmoll and I live in Sunset Park.

10:18:23 I am a retired landscape architect.

10:18:25 I worked in the city of New York in planning.

10:18:28 And I feel I'm against and opposed to this tower.

10:18:35 So tall.

10:18:36 And whether going into Sunset Park or going into

10:18:40 another homeowners' association, I think that planners

10:18:44 do have the ability to work with the people and work

10:18:46 with their government like the City Council and the

10:18:51 planners of Tampa and the county.

10:18:53 So that when we drive into a beautiful residential area

10:18:56 like Sunset Park, or any of the other neighborhood

10:19:02 associations in Tampa, that we want it to be more

10:19:04 beautiful and not be tall towers with the people really

10:19:09 opposed to it.

10:19:10 I wouldn't want to live next to that.

10:19:12 So I do think that planners, the scientists and the

10:19:15 engineers, have the capability to consider this

10:19:19 regardless of money.

10:19:21 Let us obey our zoning laws, also.

10:19:24 That goes without saying.

10:19:26 If you forget your wallet you are not going to be able

10:19:30 to get into the courthouse.

10:19:31 Whether or not you are head of the courthouse or you

10:19:34 are a person who likes to gob there once a year.

10:19:44 Let's just be an example to our children.

10:19:48 So that we go through the process of being kind to one

10:19:51 another, or listening to one another, and I'm a skilled

10:19:59 planner. I'm retired.

10:20:00 I know it keeps getting better. With the wild flowers,

10:20:02 for instance, in the Florida Times newspaper commented

10:20:02 on the newly developed wild flowers, they keep getting

10:20:15 better whether we know it or not and what a gem, Texas

10:20:20 and Lady Bird Johnson planted, or I know I am off the

10:20:23 subject, but we can make every neighborhood association

10:20:29 beautiful and listen to the people who bring this

10:20:32 together will be happy when we leave this world because

10:20:34 we will have left it a better place.

10:20:37 Thank you.

10:20:38 >>THOMAS SCOTT: Thank you.

10:20:38 Next speaker.

10:20:39 >> I'm Marlin Anderson, the president of Sunset Park

10:20:46 area homeowners association.

10:20:47 I am here to talk about this agenda item number 49.

10:20:54 Okay.

10:20:54 So one thing I wanted to mention is right after the

10:20:56 first reading of this, my wife and I went down to

10:20:58 Sarasota, went to St. Armands key, and we got up on the

10:21:03 top floor of one of the hotels on St. Armands key

10:21:06 overlooking the whole island and you could see this

10:21:08 beautiful residential that's got this St. Armands

10:21:12 circle in the middle and the rest of it is all

10:21:14 residential, and there's this long bridge that leads to

10:21:17 St. Armands key.

10:21:19 All right.

10:21:20 No cell tower in site.

10:21:22 And why is that?

10:21:24 Just imagine when you get out to the end of Saint

10:21:29 Armands key that's got to be a mile to where the island

10:21:33 are.

10:21:34 And say, you know what?

10:21:36 There's this bridge that goes for about a half a mile.

10:21:38 Let's put a tower right there, right at the entrance of

10:21:43 Saint Armands key and then get really good coverage for

10:21:44 the whole island.

10:21:46 Why didn't they do that?

10:21:47 Because it would be ugly.

10:21:49 You don't do that type of thing.

10:21:53 Saint Armands key is one of the beautiful sections of

10:21:56 Sarasota.

10:21:57 And the leaders of Sarasota government recognize that

10:22:01 you have to protect your beautiful areas.

10:22:04 You diminish the beautiful areas.

10:22:06 You diminish the entire city.

10:22:10 No matter what district you are from, who you

10:22:11 represent, you are diminishing it.

10:22:14 You put this in front of Sunset Park.

10:22:17 You are diminishing the entire city.

10:22:19 And here is what I would like to also show.

10:22:22 Put this on the Elmo.

10:22:30 This is what -- this picture from the corner of Neptune

10:22:34 and Henderson.

10:22:35 Now, you can see, there's a lot of blue sky right

10:22:38 there.

10:22:40 And I never appreciated all that blue sky until I

10:22:42 realized that right about there is going to be this big

10:22:47 huge tower that you are going to be able to see with an

10:22:51 unobstructed view just like the bridge to.

10:22:54 You get an unobstructed view to that tower and that's

10:22:58 going to be visible for everybody to see as they drive

10:23:00 west on Henderson Boulevard towards our neighborhood.

10:23:05 And this is something -- I'm not saying it's precisely

10:23:10 accurate.

10:23:12 This is a depiction of what the tower would look like

10:23:15 from the corner of Lois and Henderson looking west.

10:23:19 Now, you tell me that this is something you really want

10:23:24 for the City of Tampa.

10:23:26 I really ask you to think about that when you take your

10:23:28 vote, the final vote on this second reading, and ask

10:23:33 that you deny this ordinance to permit this tower.

10:23:36 Thank you very much.

10:23:37 >>THOMAS SCOTT: Next speaker.

10:23:41 >> My name is Mary MECHLE, 1738 every green drive.

10:23:53 I'm not a member of the South Tampa community, but I do

10:23:55 live in north Tampa, and I support communities, so

10:23:59 that's why I am here.

10:24:01 I want to tell you how much this South Tampa community

10:24:03 has supported communities all over the world.

10:24:07 I know this because I'm a moderator for the cell tower

10:24:12 Web site and I intercept messages requesting help from

10:24:17 people all over the nation and all over the world.

10:24:18 I send out these messages to the community, and out of

10:24:23 all the communities within our Tampa network, this

10:24:25 South Tampa community is on it, right away, would

10:24:30 respond immediately.

10:24:31 The question is, will you support communities?

10:24:35 I know you can support them, because I have seen it

10:24:39 happen.

10:24:41 I have a few e-mails, just a few, from the, we received

10:24:47 a request for help.

10:24:50 This is from Karen in spring, Texas.

10:24:52 I'm happy to tell you that our permit department will

10:24:54 be sending a letter to tower company today advising

10:24:57 them their application did not include all the required

10:25:00 documents listed on the application form; therefore, it

10:25:04 is not a valid application.

10:25:06 This is a first because they have always accepted

10:25:09 documents as amendments to the application.

10:25:11 The county went out on a limb for me on this one,

10:25:14 granted using the information you readily gave me, it

10:25:18 didn't give them any choices.

10:25:20 Information from the South Tampa community.

10:25:26 Hi.

10:25:26 We cannot thank you enough for the information you have

10:25:29 cited.

10:25:29 It has saved many hours of work in what is a very quick

10:25:32 turnaround time for to us try to lodge a protest.

10:25:36 So many, many thanks for that.

10:25:38 That's from Kate Watson in Brisbane, Australia.

10:25:43 This is from Anna in Connecticut.

10:25:47 I'm happy to report that the suggest by the board of

10:25:49 selectment to the town at the town meeting yesterday

10:25:52 about to lease a piece of town park next to an

10:25:56 elementary school was voted down.

10:25:58 The tower was not set.

10:26:03 Their community officials listened.

10:26:06 This just came in last night from Don in Huntington

10:26:10 beach, California.

10:26:12 T-Mobile lost on Monday night.

10:26:14 The vote was 6-0.

10:26:16 We generated the facts that showed there was no hole in

10:26:20 service, and that the need for the site was

10:26:23 nonexistent.

10:26:24 This sounds very familiar.

10:26:25 We also have the council chambers filled with residents

10:26:30 with a warning sign, no cell tower.

10:26:32 So the tower was denied.

10:26:39 I have many letters like this.

10:26:40 I would be happy to e-mail to you.

10:26:42 Many included the session so you can watch it on video.

10:26:44 But the information that was presented was information

10:26:48 that came from the South Tampa community, the same

10:26:51 information that you heard time and tame again.

10:26:57 Thank God that you have these familiar faces here.

10:26:59 These are people that I would want to live in my

10:27:03 community.

10:27:04 Wouldn't you want them in your community if you felt

10:27:07 passionately about something?

10:27:10 These people care.

10:27:11 It's a very well established community.

10:27:13 The community where I live is new.

10:27:15 It doesn't have the same kind of spirit.

10:27:17 That's what we need in this country is more communities

10:27:20 like this.

10:27:51 >>MARTIN SHELBY: Virginia is the name.

10:27:52 Hargrave?

10:27:53 Thank you.

10:27:54 One additional minute, please.

10:28:05 >> I forgot the towering Legos.

10:28:08 I'm Cynthia Shellabarger, 4313 west Watrous Avenue.

10:28:13 My speech this morning is entitled deception or

10:28:16 frankness, you decide.

10:28:21 The case of the 30 second sign.

10:28:23 Were public notices met in this case?

10:28:25 Here is a picture -- picture taken by the petitioner,

10:28:30 the conspicuous public notice sign.

10:28:33 The problem was it was taken on Christmas Eve 12-24-09.

10:28:37 You can see it stamped there when the surrounding

10:28:40 businesses were closed.

10:28:41 Hence empty parking lots.

10:28:43 Julia Cole, attorney, informed me all the applicant

10:28:47 needs to do is put up a conspicuous sign for 30

10:28:49 seconds, take a picture of it, remove the sign and then

10:28:52 submit in the a sworn affidavit and the public notice

10:28:55 requirements have been met.

10:28:57 30 seconds?

10:28:58 I believe this was not the intent of the law as the

10:29:01 code reads, and I quote: The zoning administrator

10:29:05 shall call for a sign to be posted in a conspicuous

10:29:08 place no less than 30 days prayer to the scheduled

10:29:10 public hearing.

10:29:12 Deception or frankness?

10:29:13 You decide.

10:29:18 The case of the moving sign.

10:29:21 Were public notice requirements met in this case?

10:29:23 The conspicuous sign you just saw mentioned above was

10:29:26 moved to an inconspicuous spot where it was next to the

10:29:31 bushes not elevated for easy viewing by the cars

10:29:33 passing by at 35 to 40 miles per hour as the original

10:29:36 one had been and moved away from the entryway of

10:29:40 businesses.

10:29:40 It was stated that the sign was intentionally moved to

10:29:45 have make it easier to read.

10:29:47 Really?

10:29:47 Almost no one from the shopping center to the residents

10:29:51 of our community saw this inconspicuous sign.

10:29:53 Deception or frankness?

10:29:55 You decide.

10:29:59 The case of how a bush and tree can hide a 150-foot

10:30:03 tower.

10:30:03 Here is a picture of the tower constructed and

10:30:07 landscaped by Stacie Frank's company at miles

10:30:10 elementary.

10:30:10 The petitioners used this picture to show what the

10:30:12 tower and landscaping will look like at the future

10:30:15 Henderson site.

10:30:16 What is not shown is the actual base cage at miles

10:30:19 elementary with the required landscaping, which

10:30:22 supposedly adds to the tower's beauty and aesthetics.

10:30:29 That's landscaping.

10:30:34 Here is another picture.

10:30:43 Can everyone see that?

10:30:46 This is from the other side.

10:30:49 This is the landscaping hide the inherent ugliness of

10:30:52 the tower and the base cage?

10:30:54 Beauty or beast?

10:30:55 Deception or frankness?

10:30:56 You decide.

10:30:59 The case of the noise factor.

10:31:01 James Jacob, the property manager, sent a memo on March

10:31:04 9th to the businesses at 4343 Henderson center.

10:31:09 I quote.

10:31:11 The concerns you may have regarding noise, appearance

10:31:13 or operation associated with the proposed tower, miss

10:31:17 Frank has invited anyone interested to visit the to

10:31:22 witness the lack of noise.

10:31:23 But Jim Porter, Stacie frank's attorneys attorney,

10:31:27 stated on ABC action news two days ago that SNL will

10:31:30 construct it, meaning the tower, to look something like

10:31:34 a tall and thin needle with an 8-foot fence to limit

10:31:37 noise.

10:31:38 One of the reasons he chose the site, he said, is

10:31:40 because Henderson is a busy street already.

10:31:43 There's a commercial use here.

10:31:44 There's a City of Tampa pumping station and the bank of

10:31:47 Tampa has a drive-through.

10:31:48 That also creates noise.

10:31:50 Which is it?

10:31:51 Noise or no noise?

10:31:53 Deception or frankness?

10:31:55 You decide.

10:31:57 The case of unclear ClearWire, set by bill Compton a

10:32:02 Clearwater Tampa to a Sunset Park resident dated March

10:32:06 9th.

10:32:06 The second paragraph states: It is our understanding

10:32:08 that there where are statements being made within the

10:32:10 Central Park community that the ClearWire will require

10:32:13 an intent to install its radios antenna facilities

10:32:18 throughout Tampa's residential communities within a

10:32:20 quarter mile of each other.

10:32:21 These statements are incorrect.

10:32:22 However, on January 14th at a ClearWire community

10:32:25 information meeting, the ClearWire representative said,

10:32:30 they require different sites between a quarter mile and

10:32:32 a half mile.

10:32:33 They are providing data.

10:32:35 Data needs a pure signal.

10:32:36 There's a lot of trees.

10:32:37 There's a lot of clutter.

10:32:38 They may need to be closer together to get their signal

10:32:41 out.

10:32:41 (Bell sounds).

10:32:42 >>THOMAS SCOTT: Thank you.

10:32:43 >> Frankness or deception?

10:32:50 >> Next speaker.

10:32:55 Next speaker.

10:32:55 >>> Good morning.

10:32:56 My name is Cari Grimail, 2433 west Estrella street in

10:33:02 Sunset Park.

10:33:03 For the record I would like to enter an objection to

10:33:05 the administration of the FTC editorial entered by Mr.

10:33:10 Porter.

10:33:10 It is irrelevant.

10:33:12 Today I'm hear speaking for my neighbors, one of my

10:33:17 neighbors, Suzanne Oakley asking me to read a letter

10:33:20 that she wrote.

10:33:22 She had to work today and couldn't be here as was the

10:33:24 case with money people who are upset about this.

10:33:30 My husband and I bought our home -- I'm sorry, I can't

10:33:34 even speak.

10:33:41 >>THOMAS SCOTT: Next speaker.

10:33:41 >> Good morning.

10:33:42 My name is Mike Rothenberg, 1512 south Trask street.

10:33:47 I was sworn in.

10:33:48 The two issues facing you today are wavering waivers.

10:33:51 An 808-foot tower could go at this site.

10:33:53 A think there's some significant questions about

10:33:56 putting this large compound in front of a strip center

10:33:58 at Henderson Boulevard.

10:34:01 There's nothing else like that.

10:34:02 It's a question to you today, it's simply two waivers.

10:34:06 80-foot tower.

10:34:08 They are asking for a 100 percent increase in height.

10:34:11 A subsequent 507% reduction in setbacks.

10:34:17 It's not practical on monopoles to have break points.

10:34:22 The best you can do is the failure that occurred today

10:34:26 and the monopole will fall over.

10:34:28 Is the fall radius equal to the height.

10:34:30 Monopole?

10:34:31 That's not unreasonable.

10:34:32 It should be part of the site criteria. Our city

10:34:37 zoning code follows that specifically.

10:34:39 This request, it's egregious, and strongly suggests for

10:34:44 safety sake you vote it down.

10:34:45 Thank you.

10:34:46 >>THOMAS SCOTT: Thank you.

10:34:47 Next speaker.

10:34:48 >> My name is Debby Rubin.

10:34:56 I live at 19160 dove creek drive, Tampa, Florida.

10:35:01 I have never spoken at a council hearing before but I

10:35:03 feel so compelled because of the proliferation of these

10:35:09 cell towers going into school campuses, and residential

10:35:13 neighborhoods, and I'm not at all convinced that they

10:35:16 are safe.

10:35:17 As a matter of fact, I have an RF meter I bought when

10:35:20 they put Wi-Fi into my children's school.

10:35:23 I couldn't get an answer as to how much radiation is in

10:35:26 the school.

10:35:27 So I measured my neighborhood right out side, and it's

10:35:31 between 3 and 7 millibars per liter.

10:35:39 When I measured here, where I know you have city-wide

10:35:44 Wi-Fi, I'm getting between, generally, 400 millibars

10:35:50 per liter to 3.5 volts per meter in some areas of the

10:35:53 city, and like 100 to 500 times more than the

10:35:59 residential background radiation that we have already

10:36:03 which is already artificial.

10:36:05 None of this is natural radiation from the sun or the

10:36:08 earth.

10:36:09 And I wanted to say that the telecommunications act of

10:36:13 1996 speaks to unfettered competition between companies

10:36:18 and to a sure the lowest consumer praises, and to

10:36:21 increase access to cellular technology.

10:36:24 But where is the assurance for the citizen who doesn't

10:36:26 want this unnatural modulated radiofrequency radiation

10:36:31 in their home?

10:36:34 Who is to protect the citizens who is exposed really

10:36:37 against their will.

10:36:38 There's nothing you can do.

10:36:39 Whether you think it's safe or not.

10:36:41 And the majority is definitely out, I think, in the

10:36:47 scientific community.

10:36:47 There's no opt-out clause if you don't want to be

10:36:50 exposed if citywide Wi-Fi like Clearwire starts making

10:36:53 a network throughout Tampa.

10:36:57 At the last hearing when we were here till after

10:37:00 midnight, you know, there was a case where a person

10:37:04 felt she was being put upon because the radiation in

10:37:11 the windows, you can't stop it.

10:37:13 It's persistent.

10:37:14 And I think it can be harmful.

10:37:15 And our children are exposed.

10:37:17 And I think we need an option for how we can opt out.

10:37:21 The FCC is proposing to increase funding to Maersk more

10:37:27 radiofrequencies available to wireless companies, to

10:37:30 promote high speed Internet, and they want to remove

10:37:33 obstacles to providers to connect rights-of-way, and

10:37:39 that's just the kind of thing they are fighting in

10:37:41 Europe and here we are trying to put this full steam

10:37:44 ahead.

10:37:44 And one expert, Benjamin Lenid with the new American

10:37:51 foundation initiative states that fiber deployments quo

10:37:54 achieve the 100 megabytes per second goal but not

10:37:57 copper or wireless based services.

10:38:01 I don't know if ClearWire has done an environmental

10:38:04 impact statement to see how a broad plan to roll out a

10:38:08 network of Wi-Fi, YW max, how do we know how it will

10:38:16 affect our cities?

10:38:17 I know that they go with the interpretation that

10:38:21 environmental concerns are not allowed, but I know you

10:38:24 still can ask for an environmental impact statement.

10:38:28 And I would ask that you do.

10:38:29 >>JOHN DINGFELDER: It appeared that Ms. Grimail wanted

10:38:37 to give it another shot and I would ask council to

10:38:40 waive --

10:38:41 >>THOMAS SCOTT: I will let her come back but take it

10:38:43 in order.

10:38:44 I think she's behind this lady here, if you don't mind.

10:38:46 >>JOHN DINGFELDER: They are friends.

10:38:49 >>> Sorry.

10:38:50 I will try this again.

10:38:51 Cari Grimail, 4423 west Estrella.

10:38:56 This is from Suzanne Oakley, a Sunset Park resident.

10:39:00 My husband and I bought a home just a few blocks from

10:39:03 the proposed cell tower 18 years ago.

10:39:05 We loved the proximity to Tampa Bay's little league,

10:39:09 Coleman little school and enjoyed our neighborhood

10:39:11 tremendously throughout the year.

10:39:12 Our sons are now at plant high, past home and middle

10:39:21 school, St. Mary's Episcopal day school and the church,

10:39:24 and by the Sunset Park condos to the corner where

10:39:27 Manhattan and San Jose meet.

10:39:30 That's where the kids like to go down that street.

10:39:32 It's just far enough but not too far.

10:39:35 This is right where the proposed cell tower will be

10:39:37 built if our city representatives allow what I consider

10:39:40 to be major variances.

10:39:44 It is truly a residential neighborhood with schools, a

10:39:48 church, and our compact but excellent Tampa Bay little

10:39:51 league all being way too close to the proposed 150-foot

10:39:54 tower.

10:39:55 It is heart breaking to know that so many people, lots

10:39:58 of kids and families, will have to drive by such an

10:40:01 eyesore every day.

10:40:02 This is, in my opinion, one of the most utilized

10:40:06 intersections in South Tampa, and there's absolutely no

10:40:08 way to disguise something so out of character.

10:40:11 The tallest thing around is Sunset Park condominium

10:40:14 which is just three stories.

10:40:15 This is going to be 14 to 15 stories tall.

10:40:21 Please consider with great deliberation how the

10:40:25 proposed variance are truly going to impact all of us

10:40:27 for many years to come.

10:40:29 This decision will have a significant impact on so many

10:40:31 people.

10:40:33 Suzanne Oakley.

10:40:35 >>THOMAS SCOTT: Thank you.

10:40:35 Next speaker.

10:40:42 >> Lisa Williams, 4718 west Estrella street.

10:40:49 First I would like to say a happy good morning to Mrs.

10:40:52 Hopkins.

10:40:56 I gave you my word that I would be here this morning

10:40:58 and I am.

10:40:59 I also promised you that I would voice your opinion and

10:41:02 do my very best to protect you and your home.

10:41:06 I will also speak for the other 22 owners of the Sunset

10:41:09 Park condominiums that have signed this petition that

10:41:13 reads: We the undersigned hereby indicate that we

10:41:19 oppose the proposed construction of a monopole Wi-Fi

10:41:22 tower on the parcel located at 4343 Henderson

10:41:25 Boulevard, Tampa, Florida, adjacent to Sunset Park

10:41:30 condominiums, Sunset Park, Culbreath Heights and the

10:41:33 Virginia park neighborhood.

10:41:35 The significant increase in height and decrease in

10:41:38 setback sought in the application violate the City of

10:41:42 Tampa's modest zoning regulations for the use and the

10:41:46 proposed use requires significant electrical

10:41:50 infrastructure and backup power sources at the tower

10:41:52 base in a site with minimal, if any, access for repairs

10:41:58 or green space.

10:42:00 In light of the foregoing, the proposed use is not

10:42:04 compatible with existing homes, offices, schools, and

10:42:08 light commercial uses in the area.

10:42:10 It is inconsistent with the comprehensive plan.

10:42:15 Therefore, we respectfully ask the mayor, the City

10:42:18 Council, and the City Council to reject this

10:42:21 application for the construction of a Wi-Fi tower at

10:42:24 4343 Henderson Boulevard.

10:42:27 I am not only here for Mrs. Hopkins and Mrs. SOTO, and

10:42:33 her homeowners association, but I will also be speaking

10:42:40 with diagnostic which is the neighboring business right

10:42:43 next door to 4343 Henderson Boulevard, including Dr.

10:42:48 James E. messer, medical doctor, who opposes this.

10:42:56 I'm also here today for Dr. John Parker.

10:43:01 He is the gentleman who rents space from this building.

10:43:06 He is a tenant.

10:43:06 He is a doctor.

10:43:07 And I would like to read what he has to say.

10:43:10 I am against the allowance to place an unsightly tower

10:43:14 in such a limited space directly adjacent to my office.

10:43:17 I was never notified by my landlord of this intent to

10:43:20 apply for zoning changes to allow this variance and

10:43:25 property usage.

10:43:27 Consideration against the variance.

10:43:29 The parking at this location is already below standard.

10:43:32 I suspect it's even below zoning requirements.

10:43:36 The tower will affect parking for construction to daily

10:43:39 maintenance needs.

10:43:41 The 8-foot fence -- I don't have a lot of time -- I

10:43:45 currently work in special needs kids including autistic

10:43:48 children.

10:43:50 I have concerns for the long-term effect of

10:43:52 electromagnetic waves from this tower affecting this

10:43:56 population.

10:43:57 The general unsightliness of the tower along the

10:44:01 roadway of a residential community mixed area -- I'm

10:44:05 sorry, I need to read one more.

10:44:07 This is from the owner.

10:44:08 She has Brenda Williams who owns repeat performance

10:44:12 boutique.

10:44:13 She's been in business for 20 years.

10:44:14 She strongly opposes this.

10:44:16 And I have this for the record.

10:44:17 I apologize to all of them for not being able to get

10:44:21 through to read all of this.

10:44:22 >>THOMAS SCOTT: Next speaker.

10:44:22 >>> Good morning.

10:44:29 Victoria spear, 18002 John isle drive.

10:44:33 I am adamantly opposed to the proposed tower at

10:44:35 Henderson in South Tampa.

10:44:37 I do not live in that particular neighborhood but I

10:44:40 have been actively involved with this issue since the

10:44:42 tower was placed at miles elementary with no notice to

10:44:46 parents.

10:44:47 While proponents of the tower claim there is a need for

10:44:50 coverage or to raise taxes, not revenues, these are not

10:44:52 congruent with land use issues.

10:44:55 In this particular case with the tower at Henderson the

10:44:58 proposal is for a waiver that will basically double the

10:45:00 established set back limits.

10:45:02 Rules are established for a reason, and to allow an

10:45:05 exception that is double what is considered safe by the

10:45:08 current zoning standards is a mistake.

10:45:10 The fact that the proposed tower is to provide service

10:45:12 for future business that may or may not come is

10:45:15 ludicrous.

10:45:16 The person asking for the variance goes on to admit

10:45:22 that this need is for a company entering the market and

10:45:24 for future requests.

10:45:26 Essentially, he's asking you for permission to

10:45:29 guarantee her future income.

10:45:31 While future planning is most certainly an admirable

10:45:34 stance, this council should take the same approach as

10:45:36 plans for the future of it -- of this to continue -- to

10:45:44 plan for the future of this community.

10:45:47 This issue will continue to resurface each time the

10:45:50 company that you open the door for needs another tower.

10:45:53 ClearWire is currently not available anywhere in the

10:45:55 State of Florida.

10:45:56 I have a screen shot here from my computer this morning

10:46:00 that shows currently where ClearWire is and is not.

10:46:04 I have it upside down.

10:46:06 In the United States.

10:46:06 Florida is not even on that map.

10:46:08 I mentioned that the last time I was here.

10:46:12 Provides Wyoming coverage up to 150 feet a wait a

10:46:15 minute it may be oh instructed by construction.

10:46:21 Logic would imply that they would need towers

10:46:23 everywhere to provide this service to customer ifs

10:46:25 their coverage range is only 150 feet.

10:46:28 If you allow this variance without considering what and

10:46:30 where the next request will be, this issue will be on

10:46:36 your doorstep for years to come.

10:46:38 This is a serious land use issue, safety issue, and

10:46:41 constituent issue when people wake up to towers and

10:46:46 boxes within feet of their home.

10:46:47 Do not open this can of worms without fully digesting

10:46:50 what opening this door to this company means.

10:46:54 The fact that this proposed variance was presented at

10:46:56 the last meeting under false pretenses should clue you

10:46:59 into the deceptive tactics of those asking for

10:47:01 permission without full disclosure of this granting of

10:47:05 this variance means.

10:47:06 Please consider what you are ohm voting for, whom you

10:47:09 are voting for.

10:47:10 Exercise your wisdom in this community and vote no for

10:47:13 a variance that doubles the current setback for a

10:47:17 tower.

10:47:17 Exercise your duty as stewards of land use and vote no

10:47:21 to the proposed variance.

10:47:24 I have a note here that over 100 people at Sunset Park

10:47:27 signed the petition.

10:47:28 As I said, I am up in New Tampa and I have become very

10:47:32 involved in this issue.

10:47:33 It's just sock that pervades my thought every time I

10:47:35 see a tower down the street because they are going to

10:47:38 keep coming, and the problem is if she keeps coming to

10:47:42 you with the tell communications act much 1996.

10:47:44 That was a very long time ago.

10:47:46 Technology is moving so fast we cannot keep pace with

10:47:49 it.

10:47:49 If you do not give this community something that has

10:47:51 teeth in it, to protect citizens, you are going to keep

10:47:54 having this issue on your doorstep.

10:47:57 As my husband likes to say, there's issues -- he

10:48:01 works --

10:48:02 (Bell sounds)

10:48:03 Thank you.

10:48:03 >>GWEN MILLER: Go ahead, sir.

10:48:12 >> My name is Jim Jacob.

10:48:14 I reside at 4701 South MacDill Avenue.

10:48:18 I have been sworn.

10:48:22 The Tampa manager for the property at 4343 west

10:48:25 Henderson which is the subject site for the

10:48:27 application.

10:48:29 My name has been mention add couple of times.

10:48:31 I just wanted to come up and speak to a couple of

10:48:33 things.

10:48:36 When the lease was originally signed with the tower

10:48:39 company, there was a lot of due diligence that they had

10:48:41 to do before they were prepared to move forward with

10:48:44 their program, which included engineering work,

10:48:48 environmental work, and survey work.

10:48:50 All of that work had to be coordinated with the

10:48:52 businesses that were there.

10:48:55 Now, the first reading was February 25th, I

10:48:58 believe.

10:48:59 The following week, on a Friday, I got two calls

10:49:03 because I was the only one in the office.

10:49:05 The folks that worked for me were out at other

10:49:07 properties.

10:49:08 Related to folks from the neighborhood that were there

10:49:12 meeting, coming into the businesses, wanting to talk to

10:49:16 the business owners with placards showing what was

10:49:19 going to happen to the center, and give them a lot of

10:49:22 background information in terms of propane tanks and

10:49:24 towers falling over and crashing on the building and

10:49:27 things of that nature.

10:49:29 And I asked, well, who is this person?

10:49:33 And they said, well, we don't know.

10:49:35 And I got with the business manager in one of the

10:49:40 businesses and said, well, the person that came by was

10:49:42 this person with this phone number.

10:49:44 And I wrote that person a letter and said basically

10:49:47 you're welcome to come to the property and do business

10:49:49 with these commercial tenants but you are not welcome

10:49:53 to come and ask them to sign something or to oppose

10:49:57 what's going on, and if they don't agree to do it that

10:50:01 you are going to boycott their business.

10:50:04 That's pretty unfair.

10:50:05 And that's what was reported to me.

10:50:06 I wasn't there.

10:50:07 I didn't hear it.

10:50:08 But I did address it.

10:50:09 And the person that was doing that did respond to me

10:50:12 with a letter, and council.

10:50:15 It just so happens that I did take pictures in January,

10:50:20 not for the purpose of reporting the fact that there

10:50:22 was a notice of the public hearing, but just to show

10:50:26 what the perspective was for the condominiums that were

10:50:29 behind it.

10:50:30 And the picture was taken on the 16th of January,

10:50:34 and this picture, which I will give you -- I don't know

10:50:37 if that's -- is that upside down?

10:50:40 You can see the sign here.

10:50:42 And my whole point in taking the picture from the

10:50:46 credit union across the street was just to shop that

10:50:49 the way that building is sighted that this is a

10:50:54 stairwell and there's nothing really there.

10:50:55 This is not to say the people that live over here that

10:51:00 look this way wouldn't see it.

10:51:01 But I give this to you to have in the record.

10:51:03 The other thing I wanted to show you, as I mentioned,

10:51:06 in February, this huge TECO pole in front of my house.

10:51:12 Well, TECO on Wednesday of this week, on Tuesday,

10:51:15 replaced it and put a bigger pole like the one shown

10:51:18 here.

10:51:19 Now, this pole is directly across the street from where

10:51:23 I took the picture of this pole, which shows the cell

10:51:28 tower behind five guys.

10:51:31 And now you really have to look for it.

10:51:34 When I was taking the picture it's to the left of the Y

10:51:36 in the tree here.

10:51:37 I said the other day, you know, it's truly, in my

10:51:40 judgment, it's the needs of the many versus the needs

10:51:43 of the few.

10:51:44 I don't like having --

10:51:46 (Bell sounds).

10:51:46 >>THOMAS SCOTT: Thank you, sir.

10:51:48 Councilman Dingfelder.

10:51:49 >>JOHN DINGFELDER: Jim, I had a question for you.

10:51:55 I have seen the picture of the dumpster that's in front

10:52:01 of the building and looks like it's either close at the

10:52:04 same location as where the tower is being proposed.

10:52:07 Is that accurate?

10:52:08 >>> You know, I think so.

10:52:14 You have never -- I haven't had anything that shows

10:52:18 exactly -- one of the issues that came up is the city

10:52:22 was requiring them to replace a wooden dumpster

10:52:28 enclosure with a masonry dump enclosure.

10:52:32 >> I agrees I was wondering where the dumpster is,

10:52:36 where is the dumpster going?

10:52:37 But if that's not the case --

10:52:39 >> They would have to speak to it.

10:52:40 >>JOHN DINGFELDER: At some point maybe staff can

10:52:44 clarify that.

10:52:45 Thank you.

10:52:45 >>> Thank you.

10:52:46 >>THOMAS SCOTT: Okay.

10:52:48 Thank you.

10:52:53 >>> The dumpster location is staying where it currently

10:52:57 is.

10:52:58 The tower is going behind the dumpster.

10:52:59 >>THOMAS SCOTT: Other public testimony?

10:53:06 Other public testimony?

10:53:09 >>JOHN GRANDOFF: I live at 4611 Tennison Avenue in

10:53:13 Sunset Park.

10:53:14 I'm a member of the Sunset Park homeowners association.

10:53:16 I also participate in the respond program at Sunset

10:53:19 Park supports.

10:53:21 I have absolutely no interest at all in this petition

10:53:23 in any way, form or fashion.

10:53:26 I have my land use lawyer.

10:53:28 I have permitted several towers in Tampa, Hillsborough

10:53:30 County, and some in the panhandle.

10:53:34 I jog, drive and walk by the site virtually every day.

10:53:37 One day I saw the sign, wrote down the number.

10:53:40 I pulled the file.

10:53:42 I made myself very familiar with the application.

10:53:47 As a matter personal interest, I broke down and bought

10:53:51 a cell phone in 2008 because I had a problem with my

10:53:53 car and I finally realized the need for cell phones and

10:53:56 how vital they are to our society in this day.

10:53:58 I find that we live in a very urban neighborhood.

10:54:02 My house is not within the notice area, but I'm three

10:54:05 blocks away.

10:54:06 I could probably see the proposed tower from the

10:54:08 intersection of Henderson Boulevard and Tennison, which

10:54:11 is about where I live.

10:54:13 I find the application will promote the public health,

10:54:18 safety and welfare and will not have a significant

10:54:20 impact on the public health, safety and welfare, nor on

10:54:23 my property values, nor on the property values of

10:54:25 adjoining properties.

10:54:26 I think the property owner of this property is a good

10:54:29 steward of the land.

10:54:29 I have seen this property for many, many years.

10:54:32 I trust the technology and the construction and the

10:54:36 engineering in this technology in full.

10:54:39 I think the industry does a good job in this business.

10:54:42 I don't think they cite to you towers perp purposely

10:54:46 harm people.

10:54:47 I think they provide a very good need for our society.

10:54:50 And I support it without equivocation.

10:54:53 I ask that you approve the application.

10:54:55 Thank you.

10:54:55 >>THOMAS SCOTT: Next speaker.

10:54:57 >>> My name is Brenda Williams.

10:55:04 And I am the owner of repeat performance located at

10:55:07 4343 Henderson Boulevard.

10:55:12 I'm in N my 20th year --

10:55:14 >> Excuse me.

10:55:17 If you have a sign you need to go outside.

10:55:19 I appreciate it.

10:55:20 It's becoming very disturbing.

10:55:22 We can hear the conversation here.

10:55:27 Go ahead, ma'am.

10:55:29 You haven't spoken or did you submit a --

10:55:33 >> Lisa Williams was speaking for me, but she ran out

10:55:36 of time, and I don't have my notes in front of me.

10:55:39 But I am going to speak from my heart.

10:55:41 I have been there 20 years.

10:55:42 My 20th year of business.

10:55:44 And the bottom line is I am being muscled out in my

10:55:49 business by this tower.

10:55:50 Our parking situation right now is not good.

10:55:55 We continuously had arguments in the parking lot

10:55:58 because of the lack of parking for the amount of

10:56:00 occupation there.

10:56:04 With service vehicles coming in and the erection of

10:56:06 this tower, I may no longer be there as well as many

10:56:11 other tenants that are very, very concerned.

10:56:16 And I would like this to gob on record that I am being

10:56:20 pushed out as a small business owner of 20 years in

10:56:23 that complex.

10:56:24 Thank you for listening.

10:56:25 >>THOMAS SCOTT: Thank you, ma'am.

10:56:27 Next speaker.

10:56:27 Anyone else to speak?

10:56:31 The city attorney wants to address council.

10:56:32 >>JULIA COLE: Legal department.

10:56:34 I did want to address the issue that was raised

10:56:36 regarding notice and discussion of the sign, and

10:56:40 whether or not -- our code.

10:56:45 I reviewed this file as a result of this being issue

10:56:48 being raise.

10:56:49 Our notice code was completely met and there is nothing

10:56:52 to keep us from moving forward with the notice

10:56:54 requirements.

10:56:55 I believe there may be some issues that are raised

10:56:57 which don't relate to whether or not the code --

10:57:02 whether or not our notice is adequate, our general

10:57:05 notice procedures are adequate.

10:57:07 If that is a discussion City Council would have, I

10:57:09 would encourage you not to have that as part of this

10:57:11 petition but to have that as a separate item.

10:57:14 Thank you.

10:57:15 >>THOMAS SCOTT: Thank you very much.

10:57:15 Anyone else from the public?

10:57:16 Then we will hear from --

10:57:23 >>MARTIN SHELBY: Council, there has been discussion.

10:57:26 One speaker has raised the issue of documents that

10:57:31 approach the site visit to the site.

10:57:34 Another speaker has actually in effect commented on

10:57:36 that evidence that was brought forward.

10:57:40 Council, it's my determination that the party who wants

10:57:44 the opportunity to cross-examination -- and I will

10:57:47 state that for the record -- is Miss Shellabarger.

10:57:55 Both discussions are irrelevant to your decision and

10:57:59 not germane in order to look at this decision.

10:58:01 So what I am going to do is I will note her objection

10:58:03 for the record and will ask that council again refer to

10:58:11 those things that are relevant in order for them to

10:58:14 make their decision based on competent substantial

10:58:17 evidence in this case.

10:58:18 >>MARY MULHERN: Mr. Shelby, what was she objecting to?

10:58:32 Editorial?

10:58:33 >>MARTIN SHELBY: The characterizations of her

10:58:37 visitations to the site was the basis of her objection.

10:58:41 And she had requested the right of cross-examination to

10:58:47 speak to somebody who is not a party to this action,

10:58:54 and also I should note, I believe it's my understanding

10:58:57 that Michelle barringer is not within the 250-foot

10:59:05 noticed area.

10:59:06 >>MARY MULHERN: Thank you.

10:59:08 >>> I will tray to be brief.

10:59:12 I just want to go over a few things.

10:59:13 We have Ethel Hammer here today our expert land use

10:59:16 planner who will go over why this request is

10:59:18 appropriate and why the requests are appropriate.

10:59:20 I think what you will find if you look around Tampa,

10:59:23 and Mrs. Hammer will show you, that other towers

10:59:28 similarly situated Virginia received because of your

10:59:32 zoning pattern.

10:59:34 Commercial property that abuts residential.

10:59:38 I think you will find that there's only one tower in

10:59:40 South Tampa that's 80 feet.

10:59:42 That's on Kennedy Boulevard near the papa John's

10:59:45 restaurant.

10:59:45 That has exactly one carrier on it.

10:59:47 The argument here is allowing the waiver, allow for

10:59:52 height and allow for more carriers to be placed on the

10:59:54 tower, and that reduces the need for more towers in the

10:59:58 area.

10:59:59 Competent substantial evidence in the record from the

11:00:01 Planning Commission and from Mrs. Hammer indicates that

11:00:04 this is an application that is consistent with the

11:00:07 comprehensive plan,.

11:00:11 One of the speakers talked about radiation and health

11:00:13 issues and I think the city attorney will advise you

11:00:15 that it's not an appropriate topic for your discussion

11:00:18 because of the tell communication act much 1996, and

11:00:21 ask that any part of your decision making exclude

11:00:23 those.

11:00:24 There were photographs submitted of other towers in the

11:00:27 area.

11:00:28 Most of those were in the county.

11:00:30 But more importantly we had specific conditions for

11:00:33 this approval that dictates the landscaping and

11:00:36 dictates the fencing.

11:00:38 It will be 8-foot fence that Mrs. Hammer will show you.

11:00:43 Several people that spoke are nowhere near the area, in

11:00:47 fact don't live in the city, and I think you need to

11:00:50 take that into consideration.

11:00:51 The city attorney has advised you about the notice and

11:00:53 we stand by that.

11:00:54 I am going to turn it over to Mrs. Hammer.

11:00:56 I do want to introduce into the record a letter

11:00:58 referenced by one of the oppositions from ClearWire

11:01:02 about ClearWire's business and that is for reference.

11:01:05 I am just going to put it into the record.

11:01:07 >>> My name is Ethel Hammer with Inglehart, hammer and

11:01:12 associates.

11:01:12 And Jim has basically given you a little bit of a

11:01:14 preview of my testimony.

11:01:16 And I wanted to use a couple graphics.

11:01:25 This is a graphic that was submitted into the record at

11:01:27 the last hearing that was behind tab 15 of your book.

11:01:31 And this shows two things I think that are very

11:01:34 relevant to the waiver request.

11:01:36 And that is the zoning pattern in South Tampa that

11:01:40 basically is a very narrow commercial zoning corridor

11:01:44 on each of the major roadways, which immediately abuts

11:01:48 residential zoning.

11:01:49 This creates a very difficult situation for the

11:01:53 location of cell towers, and I just wanted to highlight

11:01:59 some of the towers that have already been approved in

11:02:04 this immediate vicinity, and the height of them, for

11:02:08 example, this one which is the closest tower to the

11:02:10 south, was approved at 160 feet.

11:02:13 This tower which is the closest one to the north was

11:02:15 approved at 135.

11:02:19 200 feet, 182, 170, 194, 140, 190, up here on Kennedy

11:02:27 Boulevard you have 130, 120, and 167.

11:02:34 The point of that testimony is to show you that the

11:02:37 towers that have been approved in South Tampa have

11:02:40 virtually all been given waivers because of the

11:02:43 proximity to residential zoning.

11:02:48 Secondly, I wanted to show you the fencing that we

11:02:53 committed to and in actuality.

11:02:54 The photograph of this fencing has been attached to the

11:02:57 certified site plan.

11:03:02 We find this to be very decorative fencing and it will

11:03:06 in fact certainly be an upgrade to some of the fencing

11:03:10 that is in the immediate area.

11:03:13 Some of the residents have testified that this is in

11:03:17 their neighborhood.

11:03:17 This is not in a neighborhood.

11:03:19 It is on Henderson Boulevard, which is one of your

11:03:22 major collector roads in the south part of Tampa, and

11:03:26 it carries a very large amount of traffic on a daily

11:03:29 basis.

11:03:31 The parking issue is irrelevant.

11:03:38 We are not reducing any of the parking for this

11:03:40 shopping center.

11:03:42 The access to the cell tower will be off of the parking

11:03:47 lot, but the number of parking spaces were in -- will

11:03:51 in fact remain the same.

11:03:52 If there was a parking problem before, it is not going

11:03:55 to be exacerbated by the cell tower.

11:03:59 And lastly, you cannot compare the height of this tower

11:04:03 which is a pole to a building.

11:04:07 People have said this will be like a 15-store building.

11:04:10 It will not.

11:04:11 There are other poles and other similar structures in

11:04:13 the South Tampa neighborhood including many other cell

11:04:16 towers that have similar or higher Heights.

11:04:19 Thank you.

11:04:19 >>THOMAS SCOTT: Does that conclude your rebuttal?

11:04:30 Thank you.

11:04:32 Council?

11:04:33 >>JOHN DINGFELDER: Ethel, you said this is not in a

11:04:36 neighborhood.

11:04:38 What neighborhood did you send notice to?

11:04:41 >>> Well, it's on the edge of the neighborhood,

11:04:44 certainly.

11:04:44 It is not in the neighborhood.

11:04:46 It is on a commercial strip.

11:04:48 >>JOHN DINGFELDER: I know.

11:04:50 But legally speaking the city divides up our community

11:04:54 into neighborhood.

11:04:54 And you noticed one or two of the neighborhoods,

11:04:56 correct?

11:04:58 >>> I'm sure whatever is legally required was done.

11:05:00 >> So my understanding it's within the boundary of what

11:05:06 we call the Sunset Park neighborhood.

11:05:07 >>> Well, by virtue of that then, everything is in a

11:05:10 neighborhood.

11:05:10 >>JOHN DINGFELDER: Then the other question is, how

11:05:13 close is this to the condominiums that were spoken to?

11:05:19 Because even though they might not be sings will family

11:05:22 residences, they probably think that they live in their

11:05:26 own homes, and they have their own little

11:05:28 neighborhoods.

11:05:29 So how close is this tower being proposed to the

11:05:33 condominiums?

11:05:33 >>> The distance to the actual building is 132 feet.

11:05:37 >> And the tower is how tall?

11:05:39 >>> 150.

11:05:40 >> So if it fell straight over it would hit the

11:05:42 building?

11:05:42 >> Well, I believe you will recall that we had

11:05:45 testimony about this site, I'm sorry, this tower will

11:05:48 be engineered so that it will have a break point during

11:05:53 any extreme event, and the tower will have, I believe,

11:05:57 it's a 50-foot fall zone.

11:05:59 >> I guess either of us are engineers so we probably

11:06:02 can't testify to that.

11:06:02 >> Right.

11:06:04 Correct.

11:06:04 We do have the engineer here who could testify to that.

11:06:07 >> I had a question for him.

11:06:08 Thank you.

11:06:08 >>> Okay, thank you.

11:06:10 >>JOHN DINGFELDER: The engineer?

11:06:16 Thank you.

11:06:28 Do you want to state your name for the record?

11:06:30 >> Bjarne Madsen. I live at 1673 big boulder lane in

11:06:34 Orlando.

11:06:34 >> And you are here on behalf of the petitioner?

11:06:36 >> Yes.

11:06:36 >> Okay.

11:06:41 You had testified at the initial hearing that this

11:06:45 thing is structurally sound, and you approved the

11:06:48 engineering of it and that sort of thing, and I

11:06:51 appreciate that.

11:06:52 But then subsequently there was a video that was shown

11:06:57 to us of a tower that wasn't blown over by hurricanes.

11:07:03 Our conversation you and I had was about hurricanes and

11:07:06 wind strength and all that sort of thing.

11:07:08 But then they showed a video that I had never seen

11:07:12 anything like this.

11:07:13 It was sort of horrific from my perspective because I

11:07:15 didn't realize anything could happen like this where

11:07:18 apparently the electrical system within the tower

11:07:21 somewhere else, I don't know where it was, had caught

11:07:25 on fire, melted down, causing the structural strength

11:07:29 of the tower to melt, I guess, and then the tower fell

11:07:34 over.

11:07:36 Have you seen that video that night or had you seen it

11:07:39 before?

11:07:39 >> I have seen the video, but, I mean --

11:07:43 >> Did you see it that night?

11:07:44 >> No, I have not seen it but if you think of the World

11:07:48 Trade Center, like just things that happen, that had

11:07:51 nothing to do with the structural integrity of the

11:07:53 building.

11:07:55 >> Well, I would hopefully agree that the World Trade

11:07:58 Center was hopefully a once-in-a-lifetime experience

11:08:02 that we never have to experience again.

11:08:04 However, an electrical meltdown, are you going to have

11:08:07 wires within your tower?

11:08:09 >> I don't know.

11:08:12 I assume.

11:08:12 >> I believe, Mr. Dingfelder, what you are referring to

11:08:16 is a photograph being introduced.

11:08:18 I don't recall a video.

11:08:19 There was a photograph.

11:08:20 And I believe that the person who submitted the

11:08:22 photograph identified that the tower was in

11:08:25 Massachusetts.

11:08:26 We are in Florida.

11:08:28 That's what I understand -- the difference is, I have

11:08:33 no idea what the standards are for building a tower in

11:08:36 Massachusetts.

11:08:36 He can testify about what in Florida towers have to be

11:08:40 built to.

11:08:40 We have to comply with the Florida building code and

11:08:42 certain wind loads so it's irrelevant to this

11:08:45 discussion because we can't compare an unknown of

11:08:48 construction in another State versus what we have to do

11:08:50 in Florida.

11:08:51 >>JOHN DINGFELDER: Let me continue my questions

11:08:54 because it had nothing to do with wind.

11:08:56 My question was the electrical aspect of this.

11:08:59 And I apologize, if it wasn't a video.

11:09:01 I had a memory of a video. But if it was a still

11:09:04 picture that's fine.

11:09:05 I hope it's in the record.

11:09:06 Do you remember seeing that?

11:09:09 >>> I do remember that.

11:09:11 >> An do you recall that was the cause of that?

11:09:13 >>> Yes, I do recall that.

11:09:14 >> Are you familiar with that incident?

11:09:16 Have you studied it at all?

11:09:18 >>> No, I have not.

11:09:19 >> Does it concern you at all?

11:09:21 Because it concerns me.

11:09:22 Because if -- okay, we all can admit the only way to

11:09:26 run those antennas to the top of the tower is to run

11:09:29 wires to them, correct?

11:09:30 >>> Right.

11:09:31 >> They are structural.

11:09:33 So if the electrical fire in that case caused the

11:09:37 mechanical failure, can you guarantee that's not going

11:09:41 to happen in this one?

11:09:43 >>> I guess the only thing I can say that I feel that

11:09:48 every time something happens that you learn from that,

11:09:51 so people didn't know that was a thing to be worried

11:09:54 about.

11:09:54 I think everybody, for example, the code changed after

11:09:59 the hurricane Andrew came because people were worried

11:10:03 about all of a sudden the gambles blowing out of

11:10:06 houses.

11:10:07 The same thing when that happens, people change the

11:10:09 code.

11:10:09 I can only assume that that happened.

11:10:11 >> How close to this proposed tower to this four or

11:10:14 five-lane road?

11:10:17 >> I guess it's right next to it.

11:10:20 >> Immediately adjacent, correct?

11:10:21 >>> Right.

11:10:22 >> And how close is it to that chiropractor's office

11:10:25 location?

11:10:27 >>> I'm a structural engineer.

11:10:29 >> And we just heard from Mrs. Hammer that it's 130

11:10:34 feet from the residence, correct?

11:10:36 >>> Right.

11:10:36 >> That's a 150-foot tower proposed?

11:10:39 >>> Right.

11:10:40 >>JOHN DINGFELDER: Thank you.

11:10:42 >>THOMAS SCOTT: I guess I have one last question for

11:10:45 Mr. Porter.

11:10:55 Mr. Porter, how many towers in this area?

11:10:57 >>> I'm not sure what you mean by in the area.

11:11:00 >> Mrs. Hammer pointed out the different locations that

11:11:04 exceeded the --

11:11:06 >>> I can ask her to come up.

11:11:07 >>THOMAS SCOTT: I just want to know, do you know a

11:11:12 number in that general area?

11:11:14 >>> I don't know.

11:11:14 >> The second question is, you made a statement on the

11:11:22 record that you put the towers here so that you can

11:11:27 eliminate any future towers going in these areas.

11:11:30 >>> That's correct.

11:11:30 >> So we can today assume no other towers will be in

11:11:35 this area?

11:11:36 >>> That's correct.

11:11:37 Yes.

11:11:37 >> Okay.

11:11:41 >>JOHN DINGFELDER: How can you assume that?

11:11:46 You just testified to -- with all due respect,

11:11:49 Mr. Chairman, you have just testified -- I can't

11:11:51 assume.

11:11:52 You might put on the record that maybe your client

11:11:54 might -- and I don't know if you can even put that on

11:11:57 the record.

11:11:58 Jim, how can you do that?

11:12:00 Testify to a quasi-judicial body, and I would say that

11:12:03 was a little misleading.

11:12:05 >> I'm not testifying.

11:12:06 I'm responding to a question.

11:12:07 But the way your code works, councilman, that once a

11:12:10 tower is erected, there's a need in the area.

11:12:16 They have to go on an existing tower.

11:12:18 You can look at the graphic.

11:12:19 And what Ethel Hammer was showing you there's a hole in

11:12:24 coverage here and once the tower goes up other carriers

11:12:26 will have to go on that tower.

11:12:28 That reduces the need for future towers.

11:12:30 That's in response to the chairman's question.

11:12:31 >> That's a little better clarification.

11:12:34 Let me ask you a question.

11:12:36 Do you have your electronics person, your electrical

11:12:38 engineer here today?

11:12:41 >>> The engineer that testified.

11:12:43 >> The mechanical --

11:12:45 >>> We can try to find the best person to answer.

11:12:48 >> There seems to be some confusion.

11:12:50 Everybody talks about cell phones in our pocket and we

11:12:54 need cell phones, that sort of thing.

11:12:56 But then later on in the testimony, the issue came up

11:13:00 that this particular company, ClearWire, who is the

11:13:05 only -- all the evidence that's on record right now is

11:13:08 that there's one company that's going to be on this

11:13:11 tower.

11:13:12 If you have any other evidence of contracts from other

11:13:14 carriers, okay, show it to me now, because otherwise

11:13:18 the only evidence that I heard was that there's one

11:13:21 company that's on this tower right now, as of today,

11:13:23 and that's ClearWire.

11:13:25 Is that correct?

11:13:25 >>> That's correct.

11:13:25 >> And the testimony we heard was that ClearWire, okay,

11:13:31 is not about cell phones.

11:13:32 Is that correct?

11:13:33 >>> ClearWire -- let me answer the question because --

11:13:37 you asked for clarification on that.

11:13:39 I need to --

11:13:41 >> Why don't you answer the question and then clarify

11:13:44 it?

11:13:44 >> ClearWire is an FCC regulated.

11:13:48 It falls into the same category as cell phones and

11:13:54 other wireless industry so it's regulated by that and

11:13:57 that's what we are here today for.

11:14:00 >> That's your legal argument.

11:14:03 You can answer that afterwards.

11:14:04 You can close with that, Jim.

11:14:05 My point is this single question.

11:14:07 Because there was confusion on council including Mr.

11:14:09 Miranda who I hope is listening in the back.

11:14:13 Mr. Miranda brought up the fact that he was staying at

11:14:19 his daughter's house and he couldn't use his cell phone

11:14:21 in that general geographic area and he was hoping that

11:14:24 the ClearWire tower might help that, something along

11:14:27 those lines.

11:14:28 We heard that at the end of the evening.

11:14:29 And my point is -- and that goes back to my basic

11:14:32 question, is that it's my understanding from the

11:14:35 information that's in the record that your client

11:14:37 ClearWire, okay, is not in the cell phone business,

11:14:42 cell phone business at all.

11:14:47 Well, that was a bad example.

11:14:51 It is a simple cell phone because that's what I'm

11:14:53 talking about it.

11:14:54 >>> With all due respect, I am not trying to be clever.

11:14:59 I think Councilwoman Mulhern --

11:15:02 >> Is your client doing --

11:15:04 >>> If I could finish.

11:15:06 >> Out of order.

11:15:09 >> I am going to ask him to address that specifically.

11:15:11 It's not a simple answer anymore.

11:15:14 As Councilwoman Mulhern pointed out.

11:15:16 I am going to ask the ClearWire representative to

11:15:19 explain the technology because it's evolving,

11:15:21 councilman.

11:15:21 It's not as simple an answer as it might have been 20

11:15:24 years ago.

11:15:33 >>JOHN DINGFELDER: It's much better than you and I.

11:15:35 >> Well, I am not the expert.

11:15:40 Address what ClearWire is.

11:15:44 >>THOMAS SCOTT: State your name for the record, please.

11:15:45 >>JOHN DINGFELDER: Let me ask the question first.

11:15:48 I know you were here.

11:15:49 And last whenever, two weeks ago when we heard the

11:15:52 evidence, okay, there was evidence put on the record

11:15:54 that ClearWire is a company that's all about the

11:15:59 installing Wi-Fi service which to me is like computer

11:16:04 sort of digital type of service to homeowners or to

11:16:09 businesses in the area that you are putting the tower.

11:16:12 They are not about the traditional voice cell phone.

11:16:15 >> Well, the first part of your statement was a little

11:16:19 bit incorrect in that we actually will be offering

11:16:22 both.

11:16:23 We will be offering voice over IP system.

11:16:27 It will be mobile.

11:16:28 You will be able to call 911 on the voice over IP

11:16:32 system.

11:16:32 So is it a wireless device that is mobile, that is

11:16:38 cable of making telephone calls of? The answer is yes.

11:16:41 >> You put in a lot of clarifications.

11:16:43 Is it a cell phone?

11:16:44 >> That's what you asked me to do.

11:16:45 >> But is it a cell phone?

11:16:47 >> It's a wireless mobile device.

11:16:48 What is a cell phone?

11:16:49 A wireless mobile device.

11:16:51 >> Well, okay.

11:16:57 >> It is a wireless mobile device capable of making a

11:17:02 telephone call.

11:17:02 That is where a cell phone is.

11:17:04 I don't have the definition of what you are calling a

11:17:06 cell phone.

11:17:07 So is it still a cell phone if you have a calendar in

11:17:09 it or is it a Palm Pilot or -- you know, these units

11:17:14 are very multi-functional.

11:17:16 >> So you are going in competition with sprint and AT&T

11:17:21 in terms of cell phone technology.

11:17:24 Typical cell phone.

11:17:26 There's semantics going on here.

11:17:27 >> I can't speak to be the business plan of the

11:17:30 company.

11:17:31 I can only tell you what the fact -- you asked the

11:17:35 question, can you make a telephone call with this?

11:17:38 Is it like a cell phone?

11:17:39 The answer is yes, through voice over IP, you will be

11:17:43 able to make cell phone call.

11:17:44 You will be able to call 911.

11:17:46 We are in the process of registering with the 911

11:17:50 facilities in the area.

11:17:51 So I think we are splitting hairs here.

11:17:53 That's the answer.

11:17:54 I can't tell you anything more.

11:17:56 Yes, it will function as -- you can make a telephone

11:17:59 call on the voice over IP.

11:18:01 >> I don't know what that voice over IP means then.

11:18:04 What does that mean, voice over IP?

11:18:07 >> Basically, you can make a telephone call through a

11:18:10 computer device.

11:18:11 >> Like a Skype.

11:18:12 >>MARY MULHERN: No, like --

11:18:16 >>JOHN DINGFELDER: No, not like this.

11:18:20 I don't think it is.

11:18:20 And she's hesitating.

11:18:23 Tell us.

11:18:24 Is it like this?

11:18:25 >>> There is a wireless device.

11:18:28 I mean, I don't know what else you want me to say.

11:18:30 >>JULIA COLE: I am going to interrupt the conversation

11:18:34 so I can clarify one thing.

11:18:35 After that conversation occurred during our first

11:18:38 hearing, I actually went back and I looked at E-91

11:18:42 statute and at the federal communications tell

11:18:45 communications act, and now that the testimony has been

11:18:47 placed other record I want to clarify that your code

11:18:50 and those provisions don't only cover cellular service,

11:18:54 they cover personal wireless service.

11:18:58 The E-911 statutes includes the ability of personal

11:19:02 wireless service that has the abilities to make a phone

11:19:04 call E-911.

11:19:07 And I would also --

11:19:10 >> Julia --

11:19:11 >>> Can I finish?

11:19:12 We also have to be very cognizant and careful legally

11:19:15 that when you make decisions on these matters that you

11:19:17 are knots treating different types of services in a

11:19:21 different manner.

11:19:22 You have to treat all of the services in a

11:19:25 nondiscriminatory manner.

11:19:27 So you certainly have the right to, as I said in my

11:19:31 memorandum to you, and as I said previously, you have

11:19:34 the absolute right to make decisions on the location of

11:19:36 a wireless facility based on land use considerations.

11:19:39 But I bow you will would really hesitate in making any

11:19:43 decision based upon one type of technology or another.

11:19:46 >> But Julia, let me ask you one question.

11:19:49 Okay.

11:19:49 Because somebody read the law earlier.

11:19:52 Okay.

11:19:52 I think it was Art.

11:19:58 They have raised this issue.

11:19:59 They opened the door on this issue.

11:20:01 They keep talking about, Mr. Porter said ten minutes

11:20:03 ago, this hole in the coverage.

11:20:05 Okay.

11:20:05 He's insinuating, okay, that there's a hole in this

11:20:11 cell phone coverage.

11:20:12 This company -- and she didn't do anything to fix this

11:20:14 issue.

11:20:15 This company is not offering the type of cell phone

11:20:17 coverage that Mr. Porter indicates there's a hole in.

11:20:22 And that's where I am getting at.

11:20:24 And with autumn due respect to this nice lady, she said

11:20:29 I'm splitting hairs.

11:20:31 She's splitting hairs.

11:20:34 She she's waffling about what this technology is, this

11:20:37 IP.

11:20:37 It sounds like a Skype technology.

11:20:39 Yes, I know you can sit at your computer and use Skype

11:20:41 and make a phone call and that sort of thing.

11:20:44 I know that technology is there.

11:20:45 But that's not what people talk about when we talk

11:20:47 about cell phone coverage and hole in the donut and

11:20:50 that sort of thing.

11:20:51 I just don't want council to be misled by what's being

11:20:54 offered here.

11:20:55 Okay.

11:20:55 That's all.

11:20:56 And they opened the door.

11:20:57 And because they opened the door, I believe it's

11:20:59 appropriate for us to talk about it.

11:21:01 That's just my humble opinion.

11:21:03 >>THOMAS SCOTT: Councilwoman Mulhern.

11:21:04 >>MARY MULHERN: I have a couple questions for you and

11:21:07 for Julia.

11:21:08 Don't go away.

11:21:15 This might be a question for land development.

11:21:16 But with regard to the map that we saw from Mrs. Hammer

11:21:19 with all the cell phone towers, when did -- our current

11:21:25 zoning regulation with the 80-foot height limitation,

11:21:29 when did we adopt that?

11:21:35 And then my question for you -- I'm sorry, I forget

11:21:38 your last name.

11:21:39 But my question for you, I think at the last hearing, I

11:21:43 don't know if it was you.

11:21:45 I think it was you who explained to us how your towers

11:21:50 work, and that you need to have more of them closer

11:21:53 together.

11:21:54 Was that you who told us that?

11:21:56 >>> No.

11:21:59 Somebody from the opposition that stated that.

11:22:01 Every carrier has different standards.

11:22:05 We actually -- I have been in the Tampa market,

11:22:09 actually been in Tampa my whole life.

11:22:11 But I have been in this business in Tampa for the last

11:22:13 12 years, and I can tell you that we perform the most

11:22:18 comprehensive study of the existing towers that any

11:22:22 other carrier that has ever entered this market has per

11:22:25 performed.

11:22:26 And we knew where everything was that was existing, and

11:22:30 we made every effort to go on existing structures

11:22:34 wherever possible.

11:22:37 94% of the states sites that we are proposing are on

11:22:42 existing structures.

11:22:42 So we didn't just come and say let's build towers.

11:22:46 I want to be very clear that ClearWire is not building

11:22:48 this tower.

11:22:49 We were notified that this tower is -- was available

11:22:52 for co-location and that's why we are here in support

11:22:55 of it.

11:22:56 We need the site because there is nothing else there.

11:22:58 >> Let me ask you this question.

11:23:00 I don't know if John already asked this.

11:23:05 This is asked of Mr. Porter.

11:23:07 Do you know that you are the only client at this point

11:23:09 who is --

11:23:13 >>> I don't know what other clients they have.

11:23:15 I can only speak to ClearWire's.

11:23:17 >> Thank you.

11:23:18 >>> Abbye Feeley, land development.

11:23:26 There were four times when this section of the code

11:23:28 were modified.

11:23:29 The first time was in 1999 and then there were

11:23:32 subsequent times in '99, 2001, and 2006 was the most

11:23:37 recent.

11:23:37 I would have to pull each of those ordinances to give

11:23:40 you the exact date of which of those ordinances

11:23:43 instituted the 80-foot so I can't speak to that.

11:23:47 >> I wasn't here.

11:23:48 I haven't been here for any of those.

11:23:50 Okay.

11:23:50 Thank you.

11:23:50 >>THOMAS SCOTT: I wasn't here either.

11:24:03 >>MARY MULHERN: I guess that is a question that I

11:24:06 think is relevant with regard to -- and I guess this is

11:24:10 my final question for you, Julia.

11:24:11 But the precedent.

11:24:14 Because, really, I think you told us before, all we can

11:24:17 vote on is the zoning, and really our decision is based

11:24:24 on what Ms. Fitzgerald read to us, the waivers, the

11:24:30 height, and the setbacks.

11:24:32 So I think it's relevant to know when those other

11:24:36 towers were approved that are above this 80-foot limit.

11:24:43 For me it's important to know.

11:24:45 But I just maybe am giving you the opportunity to tell

11:24:51 us again what our decision is based on.

11:24:53 And, also, your opinion, your legal opinion, if we

11:25:00 approve this doubling of height and half again setback

11:25:04 or whatever it is, addition, does this put us in a

11:25:09 position where in the future, when other towers are

11:25:13 requested in the city with that kind of -- with our

11:25:17 current zoning, and with that kind of -- those kinds of

11:25:22 waivers, that we won't be able to --

11:25:28 >>JULIA COLE: Legal department.

11:25:29 I'll say this for any waiver, any variance that you

11:25:31 approve.

11:25:32 It's all based upon the facts that are submitted to you

11:25:34 in any given public hearing.

11:25:36 Location, configuration of property, proximity to other

11:25:40 properties, every single solitary time you approve

11:25:43 something like that, the Variance Review Board approves

11:25:46 something like that, and the other quasi-judicial board

11:25:50 approves a waiver that is site specific analysis and

11:25:54 one in my opinion does not have a press preferential

11:25:59 value over another one unless you have a set of facts

11:26:01 and maybe arguably it was, but given the nature of the

11:26:04 variance it is very much related to the property and

11:26:07 the specific set of facts.

11:26:10 But to go back to your first question, which is what

11:26:12 your basis of review is -- and again this is what I

11:26:15 said to you previously, and I sent you a memorandum.

11:26:18 The way your code is drafted, the way we analyze it

11:26:22 against other statutory provisions, federal and state,

11:26:26 you clearly contain the authority to make a land use

11:26:31 decision on the basis of the application in front of

11:26:33 you.

11:26:34 You have a set of variance criteria. You have a

11:26:36 request for an increased height and increased dips tans

11:26:40 separation.

11:26:41 From residential properties.

11:26:43 You have the right to analyze that, and make your

11:26:45 decision on the basis of that land use decision.

11:26:49 But I also want to make clear, because I think maybe I

11:26:52 wasn't as clear as I should have been in the

11:26:54 questioning with Mr. Dingfelder, and I discussed this

11:26:57 matter with Mr. Fletcher a little bit, you may not base

11:27:02 your decision in any form which would have a discrim --

11:27:09 which would discriminate against types of technology.

11:27:12 I want to make that clear for the record.

11:27:14 The type of technology is simply not relevant.

11:27:16 So again, I don't think I was as clear as I should have

11:27:19 been and I want to make that statement very clear for

11:27:21 the record.

11:27:21 >>MARY MULHERN: Let me ask you this.

11:27:23 Because I think this is part of what is confusing for

11:27:27 us, is that part of the question is whether I am sewage

11:27:36 from what Mr. Dingfelder is asking and what a lot of

11:27:38 constituents brought up, and also what petitioner has

11:27:41 brought up to justify this, is whether there's a need.

11:27:45 And to make the assertion that this is to the benefit

11:27:48 of the public safety and health and welfare.

11:27:54 Doesn't there need to be a need demonstrated?

11:27:57 >>> There is no obligation of -- in fact that's part of

11:28:00 what I see in the memo.

11:28:03 There's no obligation on the part of the petitioner for

11:28:05 the purposes of having a complete application

11:28:07 demonstrate a need.

11:28:08 And you may want to ask Mr. Porter this.

11:28:11 The petitioner has submitted some information related

11:28:14 to the need for the tower.

11:28:15 And you might want to ask them why they have submitted

11:28:17 that into the record.

11:28:19 But your analysis will always be based on --

11:28:23 >>MARY MULHERN: So our decision whether to grant or

11:28:26 deny this request should not be based on a need.

11:28:29 >>> They are not obligated to demonstrate a need in

11:28:32 order to have an approval.

11:28:37 And, yes, your decision really should be based on the

11:28:39 land use issue.

11:28:40 >>MARY MULHERN: So if we think we need another tower

11:28:44 there, that is not a basis for a decision?

11:28:48 >>JULIA COLE: That is not a basis for a decision.

11:28:51 Approve it or deny it based upon a need is not a basis

11:28:54 for your decision.

11:28:55 And as stated, that information has been put in the

11:29:01 record and if you want to ask why it's been put in the

11:29:05 record you can ask the petitioner.

11:29:06 >>MARY MULHERN, no I just appreciate your clarifying

11:29:08 that for us because I think we have had a lot of

11:29:10 discussion about that and we need to not consider that

11:29:12 in our decision.

11:29:16 Shoot, I had one other question.

11:29:18 Let me -- I'll think of it.

11:29:20 >>THOMAS SCOTT: Let me move forward.

11:29:23 Let me just say it's 11:30 now.

11:29:25 We will not get to the staff reports.

11:29:27 If any staff are in here, we will not get to them this

11:29:30 morning.

11:29:30 We'll take them up first thing this afternoon.

11:29:34 Yes, sir.

11:29:36 Councilman Miranda.

11:29:37 >>CHARLIE MIRANDA: Some days, I forget what day it

11:29:40 was, our City Council attorney Mr. Shelby called me.

11:29:43 And although it was not brought up this morning, he

11:29:46 informed me that someone had called him about a check

11:29:49 that I wrote.

11:29:51 Am I correct, Mr. Shelby, so far?

11:29:54 >>MARTIN SHELBY: I am not familiar we've the

11:29:55 particulars.

11:29:57 >> I am going to bring it up.

11:29:58 That I wrote a check to a person who is running for

11:30:00 office who is in the audience, and who happens to be an

11:30:04 officer of this corporation.

11:30:05 I wrote that check based upon the ability of that

11:30:08 person to serve in the legislature.

11:30:11 That check that I wrote, not one that I received, let

11:30:14 me clarify that very clearly, was written under those

11:30:17 bases and has nothing to do with the way I vote and the

11:30:21 way I do things and the way I listen to what Ms. Cole

11:30:25 just stated earlier.

11:30:26 Now, this is not the beginning of the end.

11:30:28 This is the end of the beginning.

11:30:29 Why do I say that?

11:30:33 Very infrequently have I seen 2001 court reporters

11:30:36 here.

11:30:36 So I have to make an assumption that two court

11:30:39 reporters aren't being paid by one side or the other

11:30:42 side, that each side has one.

11:30:46 Again, that's unproven fact of mine but I am assuming

11:30:51 that.

11:30:52 So when I see two court reporters, this is not going to

11:30:56 end here today.

11:30:57 I can almost guarantee you that.

11:30:59 But it has nothing to do with the facts.

11:31:02 I wonder, however, since I brought up the check, can

11:31:08 anyone else say that on this council?

11:31:15 I can say it unequivocally.

11:31:20 I haven't asked for any support, don't want any checks,

11:31:23 don't need any checks from anyone.

11:31:25 I don't know how much clearer I can say that.

11:31:28 Thank you very much, Mr. Chairman.

11:31:28 >>THOMAS SCOTT: Thank you.

11:31:31 Okay.

11:31:33 We need to move now.

11:31:34 >>JOHN DINGFELDER: I just wanted to say something on

11:31:36 Mr. Miranda's -- actually one of the other comments at

11:31:40 the meeting was specifically related to that and I said

11:31:44 that's nonsense.

11:31:45 I said it's nonsense.

11:31:46 I said Mr. Miranda, you know, I'm sure -- that

11:31:51 political contribution has nothing to do with anything,

11:31:53 because that's not how we roll here.

11:31:55 Okay.

11:31:56 We isolate the issues.

11:31:58 This is about a cell tower.

11:32:00 Doesn't have to do with personalities, who is running

11:32:02 for office or who contributed money to who.

11:32:05 And I agree with you wholeheartedly with you and I made

11:32:09 that clear at that meeting in your defense.

11:32:12 I just want to -- Julia, where are you?

11:32:18 Okay.

11:32:19 And Mary, I'm glad you brought this up.

11:32:21 So the bottom line is if they brought up need, okay, at

11:32:25 the first hearing, and they talked about the whole in

11:32:27 the donut and bad coverage, that talked about need,

11:32:32 okay, and you are saying we shouldn't consider it,

11:32:38 need, that we shouldn't consider it either way.

11:32:41 That they can't have their cake and eat it too.

11:32:43 It's just irrelevant.

11:32:46 Because one of the things they said was we need the

11:32:48 tower there at that location, because there's no other

11:32:51 as round, and Ms. Hammer showed that picture.

11:32:54 Okay.

11:32:54 And also they said we need an extra 70 feet taller than

11:32:59 what the code allows, okay, because there's a

11:33:03 technological need for that and we can't penetrate the

11:33:05 trees and whatever, blah-blah-blah.

11:33:07 Okay.

11:33:08 We heard all that testimony.

11:33:10 All right.

11:33:10 But I don't think it's fair that they can have it both

11:33:12 ways.

11:33:13 So if you are telling us not to consider the need and

11:33:15 the cell phone issue, whatever these things are, okay,

11:33:21 then we really shouldn't be considering it and we

11:33:24 should drop back to the issue of the fall zone, okay,

11:33:28 how close is this to the chiropractor, to the

11:33:32 multifamily.

11:33:32 Okay.

11:33:33 To Henderson Boulevard, 20 feet away.

11:33:36 The aesthetics.

11:33:37 The fact that the picture we saw was a clear shot up

11:33:41 Henderson Boulevard and this tower is going to be

11:33:45 looming there at 150 feet, basically 100 feet above

11:33:48 anything else nearby.

11:33:49 Those are the issues we should be focusing on, right?

11:33:52 >>> Whatever way they want to put in the record or not

11:33:56 in the record, that's up to them.

11:33:58 As I stated, and I stated in the memorandum that I sent

11:34:01 you, local governments, to have the right to require a

11:34:04 cellular tower, telecommunications tower, wireless

11:34:07 facility, to give the reasons of need as part of their

11:34:13 --

11:34:14 >>THOMAS SCOTT: Well, let me just interrupt.

11:34:15 You stated that twice today.

11:34:17 You stated it in the first meeting.

11:34:19 I don't care what Mr. Porter put up.

11:34:21 You have already laid out the parameters in verbal and

11:34:25 writing.

11:34:26 You advised this council not to do that initially.

11:34:29 So I don't know why we are wasting time repeating the

11:34:32 same thing over and over.

11:34:34 You have done that twice today.

11:34:37 You did it the first time at the first meeting.

11:34:39 And we just keep going over it.

11:34:41 >>JOHN DINGFELDER: Because I want council not to

11:34:45 consider need either way.

11:34:47 Either way, for the need, or that there is no need.

11:34:51 Need should be a non-issue, right?

11:34:55 >> Right, but, Mr. Dingfelder, I haven't heard any

11:34:57 council member say they have considered the need.

11:34:59 Pi haven't heard that from anybody.

11:35:00 >>JOHN DINGFELDER: All right.

11:35:02 Thank you.

11:35:02 >>MARY MULHERN: I remember my question.

11:35:07 [ Laughter ]

11:35:09 >>THOMAS SCOTT: Okay.

11:35:09 This is the last question.

11:35:11 This is the last question.

11:35:13 Go ahead.

11:35:13 >>MARY MULHERN: So basically, this is important,

11:35:16 because wave to figure out what we are making our

11:35:18 decision on.

11:35:19 And this case is in front of Rus, this request, this

11:35:25 petition, because they are asking for height and

11:35:29 distance separation waivers.

11:35:31 That's the only reason council -- that is the reason

11:35:34 that council is deciding this, right?

11:35:36 >>JULIA COLE: No. This is in front of you really as a

11:35:41 two-part process.

11:35:44 Permit within the confines of this particular special

11:35:47 use permit which I think I said this to you also at the

11:35:49 last hearing and it in the memo is an actual variance

11:35:52 analysis that is different than, say, the PD waiver.

11:35:56 You need to be also looking --

11:36:02 >>MARY MULHERN: Let me rephrase the question.

11:36:05 If this tower would fit within those, weren't asking

11:36:09 for those waivers, wouldn't be in front of us, would

11:36:12 it?

11:36:12 >> It would still have to come in front of you --

11:36:15 >>MARY MULHERN: If it was within -- if it met all of

11:36:17 our code of?

11:36:18 >>> It does because of the nature of this process still

11:36:21 has to come before you as a special use as one of these

11:36:24 special uses that do come before you, but your analysis

11:36:29 would be limited to whether or not they met the special

11:36:31 use criteria.

11:36:34 In this case given the fact that there is also a

11:36:37 request for in essence a variance under the criteria in

11:36:41 our code for a tell communication tower, your analysis

11:36:46 also relates to whether or not those specific variance

11:36:49 criteria have been met.

11:36:50 So the first question is the special use, which you

11:36:53 would hear no matter what.

11:36:54 The second question in this case is not, like I said,

11:36:58 not waiver like you are used to hearing, that actually

11:37:01 has within a criteria for actually the consideration of

11:37:03 a variance.

11:37:04 >>CHARLIE MIRANDA: I just want to expand on that

11:37:08 check.

11:37:08 That's not the only check I have ever written in my

11:37:11 life for any political campaign.

11:37:12 I have written many of them and thousands of dollars,

11:37:15 for different organizations, so I just want that to be

11:37:18 part of my own record.

11:37:19 Thank you, Mr. Chairman.

11:37:20 >>THOMAS SCOTT: Okay.

11:37:22 With it that being said, can we close the public

11:37:24 hearing?

11:37:25 >>JOHN DINGFELDER: Move to close.

11:37:26 >>CHARLIE MIRANDA: Second.

11:37:29 >>MARTIN SHELBY: Unless petitioner wants to add

11:37:31 something as a result of what was said.

11:37:33 >>> Decline the opportunity.

11:37:37 >>THOMAS SCOTT: Mr. Port per, will you state for the

11:37:40 record, please, so Mr. Shelby will be okay?

11:37:42 >>> Jim Porter for the applicant.

11:37:45 Unless there are any questions we waive any further

11:37:47 discussion.

11:37:47 >>THOMAS SCOTT: Motion to close.

11:37:49 All in favor signify by saying Aye.

11:37:51 Opposes?

11:37:52 Okay, Councilwoman Miller.

11:37:53 >>GWEN MILLER: Thank you, Mr. Chairman.

11:37:56 I move to adopt the following ordinance upon second

11:37:58 reading, an ordinance approving a special use permit

11:38:01 S-2 approving a commercial tell communication tower in

11:38:05 a CG commercial general zoning district in the general

11:38:08 vicinity of 4343 Henderson Boulevard in the city of

11:38:12 Tampa, Florida and as more particularly described in

11:38:14 section 1 hereof providing an effective date.

11:38:15 >>THOMAS SCOTT: Is there a second?

11:38:19 >> Second.

11:38:20 >>THOMAS SCOTT: Seconded by councilman Caetano.

11:38:24 Councilman Dingfelder.

11:38:25 >>JOHN DINGFELDER: Just very quickly.

11:38:27 I think there's insufficient evidence to support this

11:38:29 petition.

11:38:29 Specifically, related to the two variances that have

11:38:33 been requested.

11:38:35 As a matter of fact, the evidence was straight up last

11:38:38 time that they said we need to be at 130 feet in order

11:38:41 to make this tower work.

11:38:42 But they are asking for 150 feet.

11:38:45 There's been no evidence whatsoever that they need the

11:38:48 additional 20 feet over the 130 feet, and Mr. Porter

11:38:52 testified -- not testified, he confirmed a few minutes

11:38:54 ago that they have no other contracts on this.

11:38:57 The additional 20 feet that they are asking for is

11:38:59 beyond the scope of the evidence, and completely

11:39:02 speculative on their part.

11:39:05 The other thing is, the issues that Ms. Cole left us

11:39:10 with, I think, are abundantly clear.

11:39:12 Aesthetics.

11:39:13 Okay.

11:39:13 Every single one of us have driven up that stretch of

11:39:16 Henderson.

11:39:16 That is not about high-rises along there.

11:39:19 That is about low-rise office buildings with a big

11:39:24 wide-open vista that Mr. Anderson showed us a picture

11:39:28 of, and now aesthetically we are going to possibly put

11:39:31 a 150-foot tower there to be the entry feature to

11:39:35 Sunset Park.

11:39:36 And that, by the way, is a fine neighborhood.

11:39:39 It's a neighborhood, period, regardless of whether or

11:39:41 not it's fine.

11:39:43 The public safety aspect, I think, has been testified

11:39:45 to over and over.

11:39:47 This thing is 20, 30 feet away from the chiropractor's

11:39:50 office.

11:39:51 It's 20, 30 feet away from a four-

11:39:55 >>CURTIS LANE: Highway with children, and a sidewalk

11:39:56 with children going up and down there.

11:39:58 Even in F that thing collapse it is way the engineer

11:40:01 said it would, it's just going to collapse on a big

11:40:05 blob, but I guarantee that blob would hit the sidewalk

11:40:07 and any child who happened to be along there or the

11:40:10 chiropractor's office that's immediately adjacent.

11:40:12 The next door neighbor, the bank testified to at first

11:40:16 reading, and they are immediately adjacent to this

11:40:18 project, that they are adamantly opposed to it for a

11:40:22 variety of reasons.

11:40:24 And the multifamily.

11:40:27 I think Mrs. Williams gave us evidence and put it in

11:40:29 the record of 22 condominium owners.

11:40:32 Okay, we can't treat them any differently, just because

11:40:34 they don't have a nice big single-family home with a

11:40:37 yard and what have you.

11:40:38 That is a condominium-owned place, and 22 families who

11:40:42 live within 130 feet of this tower, this 150-foot tower

11:40:47 objected to this.

11:40:51 That one gentleman testified, I am going to be sitting

11:40:54 in my swimming pool and looking at that tower instead

11:40:57 of that nice blue sky.

11:40:59 That is the criteria that we have been left with, which

11:41:01 is about aesthetics, and public safety, and that sort

11:41:05 of thing.

11:41:06 And I believe there hasn't been adequate testimony to

11:41:09 support this.

11:41:09 I would urge council to reject it.

11:41:11 >>MARY MULHERN: I again will not be supporting this.

11:41:16 And one thing I can add to Mr. Dingfelder's reasons is

11:41:21 that the compatibility.

11:41:23 Basically it's not compatible with the surrounding

11:41:27 neighborhood, including the tenants and the owners of

11:41:31 the businesses that are right in front of it who don't

11:41:36 want it.

11:41:36 So I don't think we have heard from one person who is a

11:41:43 business owner or a resident of the adjacent

11:41:46 neighborhood saying that they want this.

11:41:49 The only person we heard from in the neighborhood was

11:41:51 Mr. Grandoff, who was honest enough to tell us that

11:41:57 some of his business is in permitting cell towers.

11:42:01 So he may not have any interest in this particular one,

11:42:04 but obviously this is part of any attorney's business.

11:42:11 So I think that is not -- and he's a very big minority

11:42:17 in this neighborhood who are against it.

11:42:19 So I think it's our responsibility to listen to the

11:42:22 neighbors.

11:42:23 And I didn't see any overriding reason why we should

11:42:28 grant these very large waivers.

11:42:30 I don't see any justification for it.

11:42:34 And I hope that especially since Mrs. Saul-Sena had to

11:42:40 recuse herself that all of the voices of the neighbors,

11:42:47 and other people in the city who see this as another

11:42:51 one and another one and another one, and the testimony

11:42:53 we heard last time was, you know, we are going to be

11:42:57 needing more and more of these closer together so it's

11:43:00 going to keep coming back to us, and although as Mrs.

11:43:04 Cole said this doesn't set a precedent, it actually, I

11:43:07 think, could be challenged legally.

11:43:09 So I am absolutely not going to support this.

11:43:15 >>THOMAS SCOTT: Moved and seconded by councilman

11:43:17 Caetano.

11:43:18 Record your vote, please.

11:43:29 >>THE CLERK: Motion carried with Dingfelder and

11:43:31 Mulhern voting no, and Saul-Sena being absent at vote.

11:43:35 >>MARTIN SHELBY: Abstained.

11:43:41 >>THOMAS SCOTT: She abstained.

11:43:44 Item 50.

11:43:45 Item 50.

11:43:48 Anyone from the public wish to address council on item

11:43:51 50?

11:43:51 >>GWEN MILLER: Move to close.

11:43:56 >>CHARLIE MIRANDA: Second.

11:43:57 >>JOSEPH P. CAETANO: An ordinance being presented for

11:44:02 second reading and adoption, an ordinance approving a

11:44:04 special use permit S-2 for alcoholic beverage sales,

11:44:07 small venue and making lawful the sale of beverages

11:44:10 containing alcohol of more than 1% by weight and not

11:44:12 more than 14% by weight and wines regardless of

11:44:15 alcoholic content, beer and wine, 2(COP-R), for

11:44:19 consumption on the premises only in connection with a

11:44:23 restaurant business establishment on that certain lot,

11:44:26 plot or tract of land located at 223 South Howard

11:44:28 Avenue, Tampa, Florida, and more particularly described

11:44:31 in section 2 hereof, providing for repeal of all

11:44:35 ordinances in conflict, providing an effective date.

11:44:37 >>THOMAS SCOTT: Seconded by councilman Miranda.

11:44:40 Record your vote.

11:44:56 >>THE CLERK: Motion carried with Mulhern being absent

11:44:58 at vote.

11:45:00 >>THOMAS SCOTT: Item 51.

11:45:01 Item 51.

11:45:02 Anyone wishing to address council on item 51?

11:45:05 >>GWEN MILLER: Move to close.

11:45:08 >> Second.

11:45:08 >>THOMAS SCOTT: All in favor signify by saying Aye.

11:45:11 Opposes?

11:45:12 >>CHARLIE MIRANDA: Move an ordinance for second

11:45:14 reading and adoption, an ordinance rezoning property in

11:45:16 the general vicinity of 5033 south Howard Avenue, city

11:45:19 of Tampa, Florida, and more particularly described in

11:45:21 section 1 from zoning district classifications CG

11:45:24 commercial general and RM-24 residential multifamily to

11:45:28 CG commercial general, providing an effective date.

11:45:31 >>THOMAS SCOTT: Is there a second?

11:45:32 >>GWEN MILLER: Second.

11:45:32 >>THOMAS SCOTT: Moved and seconded.

11:45:35 Record your vote.

11:45:43 >> Motion carried with Mulhern being absent at vote.

11:45:46 >> Item 52.

11:45:50 This is a public hearing.

11:45:51 Anyone wishing to address council on item 52?

11:45:59 Those who are going to be speaking, have you been

11:46:01 sworn?

11:46:04 If you have not been sworn, stand at this time and

11:46:06 we'll swear you in.

11:46:07 (Oath administered by Clerk)

11:46:09 Do you want to come forward?

11:46:21 State your name and address for the record, please,

11:46:23 sir.

11:46:23 >> David Reeve, 3318 James circle, City of Tampa.

11:46:29 This is for the rezoning of the property on Jetton and

11:46:34 Himes Avenue.

11:46:35 I spoke against it at the first hearing.

11:46:39 And I believe that there's no reason for this.

11:46:43 The structure that was there, the awning and screens

11:46:47 can be replaced without this.

11:46:50 There's no reason to add another roof and glass

11:46:54 windows.

11:46:55 The issues that were brought up at the hearing are

11:46:59 totally irrelevant to whether the structure should be

11:47:01 put there.

11:47:02 And with all due respect to Mr. Dingfelder and Ms.

11:47:05 Mulhern, the comments that they have just made about

11:47:09 that they don't take into consideration who this person

11:47:12 is or what their position in the community is, I think

11:47:17 in this case that may be not the case.

11:47:19 Because if this party, their name was Mary Smith, I

11:47:26 don't think you would be granting this zoning with the

11:47:29 opposition that you have from the neighborhood.

11:47:32 There is no PD zoning except for one office building

11:47:37 that may not even be in the Gulf view neighborhood.

11:47:42 So I do not believe that this zoning is consistent,

11:47:45 it's not needed, for them to replace what was there

11:47:48 when they bought their house.

11:47:50 And I think that's what you should up hold and you

11:47:54 should deny this petition for rezoning.

11:47:56 Thank you.

11:47:56 >>THOMAS SCOTT: Thank you.

11:47:58 Next speaker.

11:48:05 >> My name is Missy Steadman, 3401 Mullen Avenue,

11:48:11 Tampa, Florida 33609.

11:48:13 I have been sworn in.

11:48:14 This was presented by Ms. Grimes at the first hearing.

11:48:17 But I wanted to blow it up so we could all see it

11:48:21 because none of us could see it.

11:48:23 There was a discrepancy in our Gulf view boundaries

11:48:25 that Ms. Grimes described.

11:48:29 Gulf view is south on Swann.

11:48:32 It cuts over to Henderson.

11:48:34 And then moves down to Sterling all the way down to

11:48:37 Sterling, cuts over Neptune and goes down to clear

11:48:42 view, and then around San Miguel and up MacDill,

11:48:47 cuts over Morrison and goes up Lincoln.

11:48:49 So this area is not part of our civic association.

11:48:53 It's actually part of Parkland.

11:48:56 Mrs. Grimes stated that this was included in our

11:49:01 boundaries, since 1995 when we incorporated the as a

11:49:06 civic association.

11:49:07 Our bylaws have always stated these boundaries that I

11:49:11 have just described to you.

11:49:13 As you can see, there are not very many commercial

11:49:17 properties, and only probably one single-family

11:49:21 residential apartment complex.

11:49:26 There are in a PDs.

11:49:29 I have driven in the neighborhood and I have driven

11:49:32 these three blocks specifically.

11:49:34 There are six homes within these three blocks that are

11:49:39 55 feet wide and 139 feet deep.

11:49:44 There is one home that has less than that, and it's

11:49:49 125.6.

11:49:50 Of that is the ELIAS home.

11:49:53 All those other six homes have the 7-fat setbacks.

11:50:01 In closing -- enclosing this patio an alum enough roof

11:50:05 with floored is granting a homeowner's special

11:50:10 privileges and allowing additional air conditioned

11:50:12 space to their existing home.

11:50:14 We know the patio was at three feet.

11:50:19 The soffit extends 18 inches from that three feet.

11:50:23 I know it's not included in setback requirement but now

11:50:28 we are two and a half feet from the side yard next

11:50:31 door.

11:50:32 This is very different from what was vested by the VRB

11:50:36 in 2006.

11:50:38 This has been very emotional, not only for you but for

11:50:40 the civic association as well.

11:50:42 It's really been quite horrendous.

11:50:45 We have the greatest respect for Mrs. ELIAS and the

11:50:49 position she hold.

11:50:50 She does a wonderful job.

11:50:51 I'm sure this is very embarrassing.

11:50:55 You all have maintained through many council hearings

11:51:00 that you adhere to the comp plan.

11:51:04 And all that we request is that same criteria that you

11:51:06 have used in the past for planned development.

11:51:10 Please use those same criteria.

11:51:12 Why wouldn't you?

11:51:14 To deny this petition for rezoning.

11:51:18 I just wanted to bring up one other point.

11:51:21 It's my understanding from staff that a planned

11:51:24 development has never been approved on an existing,

11:51:29 existing single-family home that will remain as a

11:51:35 vested property.

11:51:36 (Bell sounds)

11:51:37 All other PDs have been granted --

11:51:41 >>THOMAS SCOTT: Thank you, ma'am.

11:51:42 Next speaker.

11:51:42 >>> Thank you very much.

11:51:49 Gee Mr. Shelby, a couple of people have assigned their

11:51:52 minutes to me.

11:51:52 >>MARTIN SHELBY: Thank you very much.

11:51:56 There are two names, Mr. Chairman.

11:51:58 Ruth, please raise your hand.

11:52:01 Are you going to be speaking?

11:52:05 Okay.

11:52:06 Marlene Rasmussen.

11:52:08 Thank you.

11:52:08 Two additional minutes.

11:52:09 >>> My name is -- Gillette.

11:52:12 I live at 3604 Jetton and I have been sworn.

11:52:16 I'm here this morning to ask council members

11:52:19 Dingfelder, Miranda, Scott, Miller and Caetano to

11:52:22 reverse their votes of February 25th and deny the

11:52:25 rezoning of 3602 Jetton to PD.

11:52:28 Base your vote today on only the facts.

11:52:32 Fact.

11:52:33 In 2006 the ELIAS asked for a rear yard setback and

11:52:40 were denied.

11:52:40 At the same time they asked for aside yard set back

11:52:43 variance from 7 feet to four feet.

11:52:45 It was granted only to vest to grandfather in the

11:52:48 existing structure.

11:52:50 The patio existed as an open-air screen enclosed patio

11:52:54 with only a soft nonstructural awning in 2006.

11:53:00 That is the way it was to remain per the Variance

11:53:02 Review Board.

11:53:05 A photograph of the patio was taken to document the

11:53:08 character of the patio in 2006.

11:53:10 That was presented at the February 25th hearing.

11:53:14 Fact.

11:53:15 The city cited the ELIAS on September 2nd, twine

11:53:20 four installing a roof on their patio without a permit,

11:53:22 adding electrical wiring to their patio without a

11:53:25 permit and a setback violation.

11:53:27 That documentation was given to Mr. Shelby at the

11:53:30 February 25th hearing.

11:53:32 They need a variance.

11:53:35 Fact.

11:53:36 French doors and windows were delivered to the ELIAS

11:53:39 patio construction site on September 2nd, 2009.

11:53:43 The same day they were cited by the city.

11:53:46 The ELIAS plan to enclose the patio with glass long

11:53:50 before they were cited by the city and long before they

11:53:52 hired Gina Grimes.

11:53:54 They say they need to enclose the patio because of

11:53:57 privacy concerns.

11:54:00 There are no privacy issues.

11:54:02 They had to come up with some excuse for enclosing the

11:54:04 patio since the windows had already been delivered to

11:54:08 the patio construction site and the city tagged them

11:54:11 for work without permits and a setback violation.

11:54:14 There are no privacy issues.

11:54:17 It is a smoke screen to divert council's attention from

11:54:20 the facts.

11:54:22 Why would anyone who professes their need for privacy

11:54:25 build an addition three feet from their neighbor's side

11:54:29 yard property line?

11:54:31 The ELIAS privacy issue does not ring true.

11:54:35 I would like to address the accusations and the

11:54:38 personal attacks that were made by Gina Grimes and the

11:54:41 ELIAS during their lengthy rebuttal on February

11:54:44 25th.

11:54:45 One: When did it become stalking and harassment to

11:54:50 document with photographers an unpermitted site for the

11:54:53 inspector who couldn't find any work in progress?

11:54:57 Two: The number of e-mails send to land development

11:54:59 over a six-month period.

11:55:02 Their contact, questions and answer about venting their

11:55:07 answers, permitting and setback restrictions.

11:55:10 Any citizen is allowed to do this.

11:55:12 Attending DRC meetings, phone calls to staff, meeting

11:55:16 with staff to gather information is called the sunshine

11:55:20 law.

11:55:20 And any citizen is allowed access to this type of

11:55:23 information.

11:55:26 3.

11:55:26 The personal attacks on my 84-year-old mother and me

11:55:29 that evening were disgraceful.

11:55:31 The things said about us were untrue and offensive.

11:55:35 What I find even more disturbing is that neither

11:55:37 council nor Mr. Shelby put a stop to this shameful

11:55:41 behavior.

11:55:42 The personal attacks on my mother and me were a classic

11:55:44 example of the victim being made the villain.

11:55:49 Mr. Caetano, on February 25th hearing you asked if

11:55:53 my mother owned the cement triangle off of her

11:55:56 driveway.

11:55:56 I'm collar paying my answer to you.

11:55:58 My mother owns 765 square inches of the cement try

11:56:02 angle.

11:56:03 The cement is clearly marked with an X showing her

11:56:06 property boundary line.

11:56:07 I have a photograph to confirm this.

11:56:10 I dare not show it.

11:56:12 I might be accused of stalking.

11:56:16 Council, you have an opportunity this morning to vote

11:56:17 to deny the rezoning at 3602 Jetton to PD based on only

11:56:22 the facts.

11:56:24 Denial the ELIAS request to rezone their property to

11:56:27 PD.

11:56:28 Their reasons for rezoning are unfounded.

11:56:31 Their request to rezone to PD does not meet the

11:56:33 criteria spelled out in the city's comprehensive plan.

11:56:39 Enough is enough.

11:56:47 >>THOMAS SCOTT: Next speaker.

11:56:48 >> One minute additional.

11:56:57 Is Mrs. Watts here?

11:57:00 Thank you.

11:57:00 >> My name is Patricia Torres.

11:57:02 I live at 942 south Sterling Avenue.

11:57:06 I have three points I would like to make.

11:57:07 The first of which is to clarify false accusations made

11:57:11 by the ELIAS at the February 25th meeting.

11:57:14 There were no photos or it E miles circulated through

11:57:17 the neighborhood a little bit ELIAS neighbors.

11:57:20 No film was use in order to get signatures for the

11:57:23 petition.

11:57:24 When presented with it, I was given a brief but factual

11:57:27 description of the situation and asked if I was

11:57:29 interested in signing.

11:57:32 No pressure.

11:57:33 No fear mongering.

11:57:35 I did not receive any e-mails nor did I see any photos

11:57:38 until the 25th meeting.

11:57:40 For as long as I have known the Gillettes, I would

11:57:42 certainly think that I would be on the e-mail list of

11:57:45 if one existed.

11:57:47 Mrs. ELIAS stated that evening when they bought the

11:57:51 property they didn't know anything about setback

11:57:53 requirements.

11:57:54 However it's my understanding she was director of

11:57:56 facilities for Hillsborough County schools.

11:57:57 So it seems to me that there's a pattern of deep seat

11:58:00 and dishonesty.

11:58:02 Fine examples settle for the faculty, staff and

11:58:04 students at the Hillsborough County school system.

11:58:07 The Gillettes, on the other hand, do not engage in

11:58:09 allowing or distortion of facts to get what they want.

11:58:13 Of course these were obviously tactics used by the

11:58:16 ELIAS to divert attention away from their building code

11:58:18 violation.

11:58:19 This brings me to my second point.

11:58:21 The Gillettes are fine and upstanding members of our

11:58:24 community.

11:58:24 I have known them for decades.

11:58:26 And our families go back together about 100 years.

11:58:29 Let me just say it's absolutely ludicrous that one

11:58:33 neighbor, a newby to the neighborhood, can impose their

11:58:36 will on an entire neighborhood in opposition.

11:58:40 In a few years they will probably sell and move on and

11:58:45 leave the rest of the neighborhood with their mess and

11:58:47 with the consequences of your action.

11:58:49 This brings me to my third point.

11:58:51 Let me remind you, in America we live in a democracy in

11:58:55 which one of the basic principles is majority rule.

11:58:58 You are each our representative.

11:59:00 You are hired by us at election time and you can be

11:59:03 fired by us at election time.

11:59:04 You serve as the -- at the pleasure of we the voters.

11:59:07 You and Ms. ELIAS are paid by our tax dollars.

11:59:12 You are our employees.

11:59:13 You are public servants with emphasis on the word

11:59:15 servants.

11:59:17 Mrs. Saul-Sena and Mrs. Mulhern, on the other hand,

11:59:19 acted using intelligence and to that we say thank you

11:59:24 and we appreciate it greatly.

11:59:25 They approached this issue with professionalism.

11:59:29 They dealt with just the fact, and were guided by the

11:59:32 city comprehensive plan, as each of you should be.

11:59:36 Lest you forget that is the purpose of that document.

11:59:38 There were over 160 signatures in opposition on the

11:59:41 petition.

11:59:42 Out of the neighborhood of only 250, that's roughly

11:59:45 two-thirds of the neighborhood opposing their request.

11:59:48 Each of you should be so lucky to win an election with

11:59:52 that contained of margin.

11:59:53 The 25th meeting and resulting vote was extremely

11:59:56 disturbing to me as it was a repulsive display of

11:59:59 political cronyism at best.

12:00:02 I thought Tampa had grown up and was above this you

12:00:05 scratch my back, I'll scratch yours policy.

12:00:08 I don't understand what each of you has to gain by this

12:00:11 act of favoritism.

12:00:13 I would certainly hope that you understand the

12:00:14 importance of rethinking your vote and support the

12:00:17 entrance for the whole neighborhood over those of the

12:00:20 single property owner, the ELIAS.

12:00:22 Please use this opportunity to act responsibly and do

12:00:25 the right thing.

12:00:26 Vote against the request for rezoning to PD.

12:00:29 Thank you.

12:00:29 >>THOMAS SCOTT: Thank you.

12:00:32 Next speaker.

12:00:32 >> I'm Helen knight and I live at 4217 west Obispo

12:00:41 street.

12:00:41 I have a question for you.

12:00:42 Why would you reward somebody who has been cited by the

12:00:45 city for zoning violations?

12:00:47 Why would you go ahead and overturn and give them

12:00:50 permission to do what they did illegally?

12:00:52 Think about it.

12:00:53 >>STEVE MICHELINI: I represented the ELIAS in the

12:01:00 variance process where they were first denied for the

12:01:04 connection between the garage and the home.

12:01:07 And the subsequent approval of the setback on the side.

12:01:10 And there was a great deal of confusion regarding

12:01:13 exactly what was happening.

12:01:15 But the intent was always to vest that structure and

12:01:18 allow them to renovate and remodel it as necessary.

12:01:22 As far as PDs are concerned, there are a number of

12:01:25 examples throughout the community where PDs vest

12:01:28 existing structures and setbacks because of

12:01:30 difficulties.

12:01:31 Within this neighborhood, there are three structures

12:01:33 that would normally not be allowed.

12:01:36 They are atypical.

12:01:38 These lots are irregularly configured.

12:01:40 They have a very unusual layout.

12:01:42 And under the current code you couldn't even build them

12:01:44 the way that they are currently built.

12:01:47 The administrative ability to address these matters of

12:01:51 how you adjust for setbacks, how do you address for

12:01:54 unique conditions, no longer rest with the staff.

12:01:57 It no longer rests with the Variance Review Board in

12:02:00 many cases and the only appeal rights and the only

12:02:02 method of addressing it is through a PD.

12:02:04 That's not this homeowner's fault.

12:02:08 They purchased the property with those conditions

12:02:09 existing, and they are exercising their remedy through

12:02:14 the City Council to vest them and to recognize that

12:02:16 that's exactly what should happen.

12:02:18 Their ability to somehow adversely impact an adjacent

12:02:22 property owner is minimal at best.

12:02:25 The area that they are requesting relief from is behind

12:02:28 the masonry wall, and we have dealt we've the

12:02:31 various -- the confusion about how to deal with this

12:02:35 for several years, and it's unfortunate that it's come

12:02:39 to this, and it's come to a point where you have

12:02:41 neighbors exercising the rights to fight against this,

12:02:45 where the ELIAS are simply trying to adjust for their

12:02:49 own structure.

12:02:50 At no time did they ever suggest to me that I should

12:02:54 use their name or you should influence anyone and any

12:02:59 presentation, that they were using some power that they

12:03:01 might have with Mrs. ELIAS being superintendent of

12:03:06 schools.

12:03:07 As a matter of fact I was mentioned not to mention

12:03:08 that.

12:03:08 The fact that people brought it up were the ones that

12:03:10 were opposing it, not the petitioners.

12:03:13 I respectfully request that you approve their petition.

12:03:17 They simply have tried best to address this

12:03:21 administratively and have exhausted those remedies.

12:03:23 The planned development is the only legitimate and

12:03:25 reasonable method left to do that.

12:03:27 Thank you.

12:03:27 >>THOMAS SCOTT: Anyone else from the public?

12:03:31 Anyone else from the public?

12:03:36 >>MARTIN SHELBY: Before the petitioner speaks, Mrs.

12:03:38 Grimes, I would like to speak.

12:03:40 One of the speakers who spoke today had sent each of

12:03:42 you a copy of a letter that had been addressed to me.

12:03:45 That letter is part of the record.

12:03:46 I would like to address that because it did come up

12:03:49 today.

12:03:51 And it's sometimes difficult for the public to

12:03:53 understand and appreciate this.

12:03:55 But we talk about it especially when you hear rezoning.

12:03:59 This is not when you are talking about private property

12:04:02 rights, the Florida Supreme Court has said this is not

12:04:05 what they call a legislative matter.

12:04:07 This is not a democracy.

12:04:09 There are certain due process rights that attach when a

12:04:13 property, someone's personal or an entity's private

12:04:17 property rights, are affected.

12:04:20 They are entitled to additional protections.

12:04:23 Those are afforded to them by the courts.

12:04:27 And they have instructed bodies such as yourself,

12:04:32 elected officials, that you are to conduct yourself not

12:04:35 as a legislative body, not as a democracy, but in a

12:04:38 quasi-judicial setting.

12:04:41 And we use that term all the time but it's important --

12:04:43 and I know you understand that when you sit here, you

12:04:47 are placed in a very difficult position because you are

12:04:49 not acting as majority rules.

12:04:54 The courts have explicitly instructed you that

12:04:57 irrespective of how many people show up in support or

12:05:00 in opposition, that doesn't matter.

12:05:03 What you have to base your evidence, what you have to

12:05:06 base your decision on is the competent substantial

12:05:09 evidence in each individual case.

12:05:12 And it does place you in a very difficult position when

12:05:15 the public doesn't realize the limitations that the

12:05:21 courts have imposed upon local governments when they

12:05:23 have to make these very important property right

12:05:26 decisions.

12:05:26 I just wish to say that my job here, because it was

12:05:30 referenced in the letter, is to make sure the process

12:05:33 is fair, is impartial, and irrespective of council's

12:05:38 decision, that if it is challenged in court, I do my

12:05:41 very best to ensure that the decision of this board is

12:05:43 upheld.

12:05:44 And I just want to share with you the council and the

12:05:47 public that I take my responsibility very seriously.

12:05:51 Thank you.

12:05:52 >>THOMAS SCOTT: Thank you, sir.

12:05:53 Petitioner?

12:05:59 >>GINA GRIMES: Hill ward Henderson, 101 Kennedy.

12:06:03 Mrs. Hammer would like to put a few remarks on the

12:06:05 record about some of the issues that were raised.

12:06:07 I'll do a very quickly closing.

12:06:11 >>> Ethel Hammer again.

12:06:14 Inglehart, Hammer and Associates.

12:06:22 And I will be brief because some of the comments are

12:06:23 going to be things I said at the last hearing.

12:06:26 The whole purpose of the PD district is to recognize

12:06:29 unique and special circumstances, and this property I

12:06:32 shall is unique because of its size, its situation as a

12:06:37 corner lot, and the development that already exists on

12:06:40 the property.

12:06:41 So we believe that the PD, giving this property

12:06:45 recognition and conforming status, is the appropriate

12:06:48 way to go.

12:06:52 The PD restricts the use on the property to only what

12:06:56 is approved on that site plan.

12:06:59 So to that extent, it will be more confining on the

12:07:03 owners of this property than the zoning district that

12:07:06 they currently have.

12:07:08 A statement was made that no other PDs in the city have

12:07:11 ever been approved, that have structures that are on

12:07:15 the property that are not conforming.

12:07:17 That is absolutely incorrect.

12:07:19 There are numerous examples, as Mr. Michelini pointed

12:07:24 out, and we counted 54 properties alone in Parkland

12:07:27 Estates that had PDs placed on them for the sole

12:07:31 purpose of recognizing a nonconforming setback.

12:07:34 So you are not creating a precedent.

12:07:36 This has been done numerous times before.

12:07:38 And I would like to say that you can separate this from

12:07:41 other PDs that -- that you have denied in the past

12:07:45 where the property was vacant.

12:07:46 This property has an existing structure for which it

12:07:51 will be recognizing only that which exists on the

12:07:54 subject property.

12:07:56 Boundaries of the neighborhood I think are irrelevant.

12:08:01 We are clearly within the neighborhood.

12:08:03 And we would ask that you would approve it.

12:08:07 Thank you.

12:08:08 >>THOMAS SCOTT: Thank you.

12:08:13 >>GINA GRIMES: I just wanted to briefly address a

12:08:14 couple of comments that were made.

12:08:16 Mr. Reiss made the comment that there is no reason to

12:08:19 do this, there's no reason to be here.

12:08:22 Believe me, we did not have to go through this

12:08:24 exercise, we would not.

12:08:26 But we cannot get a building permit to retain the

12:08:31 structure at the existing setback.

12:08:33 The setback that has existed as of 2004 when they

12:08:37 purchased the property.

12:08:38 We could not obtain a building permit to replace the

12:08:40 roof at that location without going through some

12:08:43 process to approve it at that location, and that's

12:08:46 because of what the area that occurred at the 2006

12:08:50 variance review board hearing.

12:08:55 Mrs. Beckman implored that you review the plan.

12:09:02 The they cited many policies in the comp plan with

12:09:07 which it was consistent.

12:09:08 So we agree, we think you should follow the comp plan,

12:09:11 the Planning Commission set said it's consistent with

12:09:13 the comp plan. I wanted to mention at the last hearing

12:09:16 you asked that we make sure and place a notation on the

12:09:20 site plan as a condition that the cement triangle or

12:09:24 pad of the south west corner of the Elias property

12:09:27 would not be obstructed in any way to ensure that Ms.

12:09:31 Gillette and her mother who owns the property would be

12:09:34 able to access their garage.

12:09:35 We did in fact make that notation on our site plan even

12:09:40 though we believe that's on our property, at least

12:09:42 according to our survey.

12:09:43 She's saying that it's not.

12:09:45 A portion of it is on hers.

12:09:47 Regardless we still went ahead and made that condition,

12:09:51 and so there will be no fence or any other obstruction

12:09:53 that will be located on that triangular pad.

12:09:57 Of course if she thinks it's her property then we can

12:10:00 take that condition off the site plan but we are

12:10:02 willing to keep it on there.

12:10:04 I agree hall heartedly with what Mr. Shelby told you.

12:10:14 Mrs. Torres said the majority should rule and

12:10:17 two-thirds were opposed to this, and, unfortunately,

12:10:19 from that perspective, that is not how these hearings

12:10:22 are conducted.

12:10:23 As John said that's not how you rule.

12:10:27 This is a quasi-judicial determination.

12:10:29 It's supposed to be based only on the evidence and

12:10:32 testimony in the record, and it's not supposed to be

12:10:34 based on all the testimony but only the testimony that

12:10:37 is competent and substantial evidence.

12:10:41 And it is our opinion that, for instance, the

12:10:43 credibility of the petition that was submitted simply

12:10:46 saying we object to any PD without getting into the

12:10:49 substance of it is not competent and substantial

12:10:51 evidence.

12:10:52 We think a lot of the verbal testimony that was

12:10:54 presented also is not competent and substantial

12:10:56 evidence because it doesn't relate to the code

12:10:58 criteria.

12:10:59 We believe the only evidence on the record is that

12:11:02 staff report, which again we are requesting no waivers.

12:11:07 And it finds it consistent.

12:11:08 Also, the expert testimony of Ms. Hammer, we think, is

12:11:12 competent and substantial evidence on the record, and

12:11:15 for those reasons we think you should approve this on

12:11:19 second reading.

12:11:19 Thank you very much for all the time and attention that

12:11:22 you have given.

12:11:24 >>THOMAS SCOTT: Any questions by council?

12:11:26 Motion to close?

12:11:27 >>JOHN DINGFELDER: So moved.

12:11:28 >> Second.

12:11:29 >>THOMAS SCOTT: All in favor signify by saying Aye.

12:11:33 Okay.

12:11:33 Councilman Miranda?

12:11:35 >>MARY MULHERN: Go ahead, I will after you make

12:11:45 improper motion.

12:11:47 >>CHARLIE MIRANDA: An ordinance presented for second

12:11:48 reading adoption rezoning property in the general

12:11:51 vicinity of 3602 west Jetton Avenue in the city of

12:11:54 Tampa, Florida and more particularly described in

12:11:56 section 1 from zoning district classifications RS-60

12:11:59 residential single-family to PD planned development,

12:12:01 single-family detached, providing an effective date.

12:12:02 >>JOHN DINGFELDER: Second.

12:12:08 >>THOMAS SCOTT: Councilwoman Mulhern.

12:12:10 >>MARY MULHERN: I think I moved to deny this at the

12:12:14 first hearing and I am not going to support it again.

12:12:16 But I just wanted to say one thing that I think I

12:12:21 didn't say at the first hearing, and it whats because

12:12:25 as the evidence was presented, just kind of

12:12:28 accumulated.

12:12:29 But I did, in thinking about it, and looking at some of

12:12:36 the documentation, I didn't see any evidence of anyone

12:12:45 invading anyone's privacy.

12:12:47 I think -- and I did feel badly for the neighbors, but

12:12:51 it was suggested -- I don't think anyone was named.

12:12:55 I didn't know where that was coming from when I first

12:12:58 heard it from Mrs. Grimes.

12:12:59 But there is nothing in this record that showed that

12:13:02 anyone was invading anyone's privacy, and I think that

12:13:08 I feel like the neighbors are owed an apology by the

12:13:12 attorney for that suggestion.

12:13:14 And these are typical photographs that people take

12:13:18 either in support or against rezoning requests.

12:13:23 They are a picture taken from somebody's house as the

12:13:27 house next door, and so I felt very badly, and I feel

12:13:36 badly afterwards.

12:13:38 I think during that hearing there was not really an

12:13:41 opportunity for to us process all that and figure it

12:13:44 out.

12:13:44 But I think that suggestion, not only was it not

12:13:51 evidenced, but it's irrelevant to our vote anyway.

12:13:56 >>LINDA SAUL-SENA: Thank you, Mr. Chairman.

12:13:59 I used to be a staff member at the Planning Commission,

12:14:03 and I used to write zoning recommendations, and I think

12:14:06 zoning is one of the most important responsibilities

12:14:09 that City Council faces.

12:14:10 Certainly, this was a very challenging issue.

12:14:14 But I felt the most telling piece of competent,

12:14:17 substantial evidence presented to us was the map

12:14:19 showing the land use in this area, and the fact that

12:14:25 this petition before us is not compatible because if

12:14:30 you look at the other land uses, you can see the

12:14:33 setbacks, and zonings don't reflect this PD.

12:14:37 If you look at the map, it's a little piece of red in a

12:14:42 sea of yellow and it's very telling.

12:14:44 I think it's important in our neighborhoods to respect

12:14:47 the pattern of development, and what's being proposed

12:14:51 before us today does not support the existing pattern

12:14:56 and development.

12:14:57 I'm sorry there's been so much animosity in the

12:15:00 neighborhood.

12:15:01 I try to be really factual and very professional in

12:15:05 developing a response to a request.

12:15:07 And as a former planner and a current council member, I

12:15:11 just don't think the proposal before us is compatible

12:15:13 with the surrounding land uses.

12:15:16 >>JOHN DINGFELDER: You know, Linda, it's funny, a long

12:15:22 time ago I remember you said something about this is

12:15:24 why we have two public hearings.

12:15:25 Because at the first public hearing you hear a lot of

12:15:28 information, and the second public hearing you hear a

12:15:30 lot of information and testimony, and sometimes it

12:15:33 gives you a chance to reflect on where you are at.

12:15:36 But there is some reflection to do.

12:15:40 And first I wanted to address Mr. Reiss' point.

12:15:47 Sandy, you and I were friends and I hope we continue to

12:15:50 be friends, but I have to take objection to the

12:15:52 characterization that this council is so impressed with

12:15:57 all due respect to the supervisor and school board that

12:16:02 we are going to be swayed by that position.

12:16:05 I don't believe that.

12:16:06 That's not true about me.

12:16:07 It's not true about the rest of us.

12:16:10 Don't care if it's the mayor, the governor, or the

12:16:12 president, okay.

12:16:14 It's not an issue.

12:16:15 And even the privacy arguments that were made last time

12:16:19 didn't really sway me, because we go into these

12:16:23 positions knowing what we are going to get into, and

12:16:27 you live where you live, and you want privacy, maybe

12:16:30 you need to go somewhere.

12:16:36 So I want to reassure you from my perspective these

12:16:39 personal relationships, I look out in the audience.

12:16:41 I know Gina Grimes, John Grandoff for 20 years, land

12:16:45 use attorneys, I have known you folks for eight years

12:16:48 in the neighborhood, I have known Linda Elliott and she

12:16:51 was one of my supervisors in the magnet program 12

12:16:54 years ago.

12:16:55 That's the way we all are.

12:16:56 We all have relationships.

12:16:57 It's really a small town, okay.

12:16:59 So we can't make decisions based upon who people are

12:17:03 and what they are.

12:17:04 We have got to base them upon the facts presented.

12:17:07 And I hope I can be persuasive to you in that regard.

12:17:11 The reason I supported this the last time, and I was

12:17:13 very much on the record, is because I thought the DRB

12:17:23 made a mistake.

12:17:23 From all the evidence I heard it appeared to me that

12:17:26 they granted the setback variance from 7 feet to 4 feet

12:17:30 instead of what appeared to be what they should have

12:17:32 done which is gone to three feet which is where this

12:17:35 feet is built to.

12:17:36 I thought they made a mistake and I thought we were

12:17:38 rectifying a process.

12:17:40 In listening to the testimony today, I realize that the

12:17:44 process is wrong, that looking at it from the PD

12:17:49 criteria that this should have gone back to the

12:17:52 variance board.

12:17:53 If the variance board screwed up, then let the variance

12:17:56 board fix it.

12:17:57 And I used to sit on the variance board, okay.

12:18:00 And they can fix it.

12:18:01 And if they can't fix it then it would be appealed back

12:18:03 to here under a different set of criteria. But that's

12:18:06 why I am going to change my vote today.

12:18:08 I am going to changes it because I believe the variance

12:18:12 board might have screwed up.

12:18:13 I am also going to clarify, I think the neighbors and

12:18:16 the neighborhood's objections on this particular

12:18:18 one-foot thing are really unreasonable.

12:18:21 I think they are unreasonable because I think it's just

12:18:24 one foot.

12:18:25 And nobody is going to see it and nobody is going to

12:18:27 notice it.

12:18:27 But that's just my own personal opinion, which really

12:18:31 has nothing to do with the evidence that's in front of

12:18:33 us.

12:18:34 But the evidence that I have heard today is the fact

12:18:35 that I believe that from everything I have heard, this

12:18:39 should have gone back to the Variance Review Board,

12:18:43 because they made a mistake, and let it go through that

12:18:46 process.

12:18:48 Missy, you are extremely persuasive today because you

12:18:51 stood there with that map, again, and said -- and

12:18:55 Linda, I think you pointed this out eh -- that this

12:18:59 would be the first PD in the neighborhood.

12:19:01 And that is not a good precedent.

12:19:04 We said that two months ago in another case.

12:19:06 I said it two months ago in another case.

12:19:08 And you can't be hypocritical now.

12:19:10 It's not good precedent for to us use this PD tool in

12:19:14 that neighborhood because it's a slippery slope.

12:19:16 So I am not going to support it today.

12:19:17 >>CHARLIE MIRANDA: May I ask city staff a few

12:19:22 questions, please?

12:19:23 >>LINDA SAUL-SENA: Move to reopen to allow him to ask

12:19:26 questions.

12:19:27 >>THOMAS SCOTT: All in favor say Aye.

12:19:28 >>CHARLIE MIRANDA: You said three lots at some time in

12:19:36 the past were not three lots.

12:19:38 Am I correct?

12:19:39 I don't know who is going to answer this.

12:19:41 I'm asking city staff.

12:19:42 I'm sorry.

12:19:43 I wish I could tell you I didn't know anyone in the

12:19:45 audience.

12:19:46 I wish I could tell you right now I didn't know anybody

12:19:48 in the world.

12:19:50 I can't do that.

12:19:51 >>> I will put up the picture of the subdivision plat.

12:20:02 Abbye Feeley, Land Development Coordination.

12:20:05 The lot when we talk about how lots are originally

12:20:08 created.

12:20:09 These three lots were always stand-alone lots.

12:20:13 They were not connected.

12:20:14 They have always remained in single separate ownership

12:20:16 and they always had a house on them.

12:20:28 I'm incorrect.

12:20:29 They were originally platted at 50 feet.

12:20:35 They were originally platted that way.

12:20:39 They have not remained in single separate ownership but

12:20:41 they were originally platted at the 50 feet.

12:20:43 So they were originally platted at 50 by 134 -- platted

12:20:51 at 50 by 134, which when the vacating of the alley

12:20:54 occurred that property owner to the west also obtained

12:20:57 additional footage from this property to make that

12:21:02 driveway.

12:21:02 They were platted at the 50 feet.

12:21:04 >>CHARLIE MIRANDA: Let me ask this.

12:21:11 This is a circumstance like no other I have seen.

12:21:14 You have got a garage of a property owner that's behind

12:21:17 the house, if I remember, correctly, behind the

12:21:21 property of another lot.

12:21:22 Am I correct?

12:21:27 There's one lot that's shorter than the other one if I

12:21:29 remember all the testimony.

12:21:30 >>ABBYE FEELEY: This subject property is shorter than

12:21:33 the other one because the property to the west --

12:21:43 that's what I was just speaking to on the original

12:21:44 plat.

12:21:45 Because you can see this is on a 125.6 in depth, the

12:21:49 subject property we are speaking on.

12:21:51 They were platted at 134 feet in depth.

12:21:54 So at a point in time, this remaining 7 feet plus the

12:21:59 alley became property to the property own over here to

12:22:02 the west.

12:22:03 And that is how they accessed the garage that is back

12:22:06 here.

12:22:06 >>CHARLIE MIRANDA: Now, this being a nonconforming

12:22:11 lot, I'm maybe I'm extending this thing a little too

12:22:17 far.

12:22:17 Maybe legal should answer this.

12:22:19 Does that come under the purview of the variance review

12:22:22 board?

12:22:25 >>MARTIN SHELBY: I'm sorry, the question was

12:22:27 extending?

12:22:35 >>JULIA COLE: The variance review board has no

12:22:37 authority to grant variances to like width or lot

12:22:42 dimension.

12:22:43 That can only be done through the PD rezoning process.

12:22:46 The variance review board does have the authority to

12:22:51 set setbacks.

12:22:53 Legally what that means is when you have a legal

12:22:55 nonconformity, you have something that's in existence

12:22:57 that under the terms of our code today are not

12:23:01 authorized, that's considered legal nonconforming.

12:23:04 The only way to get a legal conforming status for your

12:23:09 property is either through a variance or through a

12:23:12 rezoning.

12:23:13 Since the variance review board doesn't have

12:23:14 jurisdiction over things like lot width or lot

12:23:17 dimension, they would have no authority to grant a

12:23:23 conforming lot.

12:23:24 It is only through the PD processes you can get a legal

12:23:27 nonconforming lot.

12:23:28 >>THOMAS SCOTT: Councilwoman?

12:23:33 >>MARY MULHERN: I just wanted to clarify that in a lot

12:23:36 of our older beautiful neighborhoods the lots are

12:23:38 small, but the expectation was that your house had

12:23:42 several lots.

12:23:43 When you look at the overall land use pattern here,

12:23:46 most houses had several lots.

12:23:47 >>THOMAS SCOTT: Do we need petitioner?

12:23:53 The motion to close?

12:23:55 >>CHARLIE MIRANDA: So moved.

12:23:56 >> Second.

12:23:58 >>THOMAS SCOTT: All in favor signify by saying Aye.

12:24:01 Okay.

12:24:01 >>LINDA SAUL-SENA: I think he made a motion.

12:24:07 >>THOMAS SCOTT: Yes.

12:24:08 Councilman Caetano seconded that motion.

12:24:10 Record your vote, please.

12:24:23 >> Nothing is coming up on my screen.

12:24:25 >>THE CLERK: Motion carried 4-3 with Dingfelder,

12:24:29 Mulhern and Saul-Sena voting no.

12:24:31 >>THOMAS SCOTT: Council, let me just say, we are still

12:24:36 in session.

12:24:37 Council, let me just say, we'll come back at 1:45.

12:24:43 Let me just say thank you.

12:24:45 Today we dealt with a lot of tough issues.

12:24:48 And I really do appreciate you with the issues relative

12:24:52 to the prayer and the invocation and the pledge.

12:24:55 Thank you for your professionalism.

12:24:56 Thank you for how you represent yourself.

12:24:59 I think that's very important.

12:25:01 And I think that you have handled yourself well,

12:25:04 contrary to our counterpart, thank you very much, at

12:25:10 least making the decision on the issues.

12:25:12 We stand adjourned.

12:25:13 See you at 1:45.


Tampa City Council

13:50:34 (Continuation)

13:50:36 >>THOMAS SCOTT: The meeting will come to order.

13:50:57 Roll call.

13:50:57 >>LINDA SAUL-SENA: Here.

13:51:00 >>GWEN MILLER: Here.

13:51:01 >>CHARLIE MIRANDA: Here.

13:51:05 >>THOMAS SCOTT: Here.

13:51:06 Okay.

13:51:12 We have a few quick items that we can probably dispose

13:51:14 of.

13:51:22 We have the vacation subpoena pretty quick, is that

13:51:24 right? Is the vacation pretty quick?

13:51:27 He's not here yet?

13:51:28 Okay.

13:51:29 Well, he's late because it's 1:30.

13:51:32 >>> He was here and then he stepped out for a minute.

13:51:35 >> If that's the case I can go ahead and start my

13:51:37 presentation.

13:51:38 I was trying to get him out.

13:51:43 My presentation will be about ten minutes.

13:51:45 >>LINDA SAUL-SENA: I'm curious.

13:51:52 I'm really interested.

13:51:53 >>THOMAS SCOTT: Thank you, council, for the

13:52:05 opportunity to share with you the recent trip I took to

13:52:09 Haiti.

13:52:11 Is this thing working?

13:52:15 Well, pretty much, that is just a map of Haiti.

13:52:20 I think we have that one there, Haiti, Port-au-Prince,

13:52:24 give you an idea where Haiti is.

13:52:26 In fact, Haiti is two hours by flight from Miami.

13:52:31 Two hours by flight from Miami.

13:52:37 The population is a little over a million people in

13:52:40 that country.

13:52:42 That island.

13:52:43 And of course, I was with five people that left from

13:52:49 Tampa, a total of 25 people that went.

13:52:51 Can you all see it okay?

13:52:52 That's my son standing next to me.

13:52:56 Marcus and Cynthia Dorsey of Georgia and Herold Lord.

13:53:01 Those of us out of Tampa flew out of Tampa to mime and

13:53:07 onto Haiti with 20 other people.

13:53:09 We carried about 14 pieces of luggage, actually duffel

13:53:14 bags, supplies, medical material, food, clothing for

13:53:19 those in Haiti.

13:53:22 It cost us about $500 additional dollars for that much

13:53:26 luggage.

13:53:29 This is the arrival in Haiti.

13:53:31 That was the arrival in Haiti there.

13:53:36 That's the arrival in Haiti.

13:53:37 And then this is out side of Haiti.

13:53:39 This was the scariest moment, I think, when I arrived,

13:53:42 and you look, we were kind of bombarded by a lot of

13:53:45 people who were basically grabbing and pulling the

13:53:48 luggage, trying to take it so they can get a dollar

13:53:52 just to get something to eat.

13:53:54 So all those people around us are those who were trying

13:53:56 to just take our luggage and supplies, just to get

13:53:59 something to eat.

13:54:02 In fact on the bus we were on, they even got on the bus

13:54:04 sticking their hands in the bus.

13:54:06 They were hungry and had not had anything to eat.

13:54:08 This is one of the buildings as a result of the

13:54:11 earthquake that was there

13:54:17 Here is another site, as a result of the earthquake in

13:54:21 Port-au-Prince.

13:54:23 If I am going to too fast you can let me know.

13:54:26 Here is the downtown area there.

13:54:30 And you can see some of the devastation in the

13:54:32 background.

13:54:35 Here in Haiti, this is right out side of

13:54:38 Port-au-Prince.

13:54:39 In the background, there are thousands of people who

13:54:42 are homeless, living in tents, and you can see in the

13:54:46 background those persons there, they are taking a bath

13:54:50 in the water as well as drinking that water.

13:54:54 This is another site out side of Port-au-Prince, of the

13:54:59 conditions of Haiti.

13:55:01 These are the kind of things that you will see what's

13:55:04 kind of put up.

13:55:06 Maybe it isn't there right now.

13:55:07 Right now it's not good for Haiti.

13:55:09 That's a building that totally fell down from another

13:55:13 building from the earthquake.

13:55:17 This is right out side of Port-au-Prince as well, where

13:55:21 there are hundreds of children.

13:55:25 Here I am at an orphanage at Port-au-Prince, talking to

13:55:30 some of the children.

13:55:35 I don't know if you can see that, but that guy there is

13:55:40 just lying down in the midst of all the rubbish.

13:55:43 He's like, just casually laying there like nothing

13:55:50 wrong in all that filth.

13:55:53 A closer shot of it.

13:55:56 This is where I stayed for the first time.

13:55:59 As you can see, there are no walls, no windows.

13:56:04 The only thing that divided us from the men and women

13:56:07 were we put up a sheet between us.

13:56:09 The only thing you had was a roof covering, and there

13:56:13 were no walls, no windows, and nothing else.

13:56:19 These children, the orphanage there, they are teaching

13:56:23 them to sing at this point American songs.

13:56:26 The language there is French and creole.

13:56:30 This is another orphanage where about 200 kids gathered

13:56:34 to get a handout, food, from us.

13:56:38 We made some peanut butter sandwiches, and actually

13:56:42 these kids stayed about three hours just to get half of

13:56:45 a peanut butter sandwich, no jelly, no water.

13:56:49 And that's another shot of them.

13:56:55 Over one million orphans are there in Haiti after the

13:56:58 earthquake.

13:56:59 Over one million orphan children without their parents,

13:57:02 after the earthquake.

13:57:07 Here is out of Port-au-Prince, the market, people

13:57:10 coming in to the market, where they bring things in and

13:57:13 tray to sell whatever they can to try to make a living.

13:57:16 That's another shot.

13:57:19 Just seems kind of distant.

13:57:21 But there's hundreds of them.

13:57:24 We could not get through at this point because they

13:57:27 were blocking the streets in the roads because they

13:57:29 were reaching, wanting us to buy something or give

13:57:33 something she they could survive and eat.

13:57:38 There's another shot.

13:57:42 Here is hundreds of thousands by the waterside.

13:57:48 They are trying to get up so that they can get

13:57:50 something to eat, or sell something to get something,

13:57:55 bringing whatever goods they had.

13:57:57 The things they were selling were even sticks to make

13:58:00 coal from.

13:58:06 This is some of their housing.

13:58:11 I just want to say to all of us, this country is

13:58:19 extremely blessed.

13:58:23 Not fortunate but blessed.

13:58:25 I'll tell you, my life has been altered, it was a life

13:58:30 altering experience as a result of going to Haiti.

13:58:33 The housing here.

13:58:35 You will learn to appreciate hot water from Haiti, a

13:58:41 light bulb, a decent meal.

13:58:46 That's what I was subjected to in the seven days that I

13:58:49 was there to see the conditions that were there.

13:58:52 Here, I'm actually working to make a bed, something to

13:58:56 sleep on.

13:58:58 There's another shot.

13:59:02 Some more kids waiting to eat.

13:59:03 Half a peanut butter sandwich.

13:59:08 Here is one of the persons preparing clothing.

13:59:12 This is all the clothing, distributing now to all of

13:59:16 the kids, the girls and the boys.

13:59:20 Here are some other supplies that we carried over.

13:59:24 In the background, thousands of tents that the people

13:59:28 are living in.

13:59:31 And those tents will not hold up into the rainy season

13:59:34 now, and those tents are not going to hold up along

13:59:36 with the mud slides.

13:59:39 And there are thousands on both sides of the road.

13:59:41 Thousands and thousands.

13:59:45 >> And no trees?

13:59:47 >> No.

13:59:48 No trees.

13:59:49 Not here.

13:59:52 They estimate about 150,000 people without health

13:59:55 shelter at this point now because of the earthquake.

14:00:00 All this is on the roadside.

14:00:03 Tent housing.

14:00:04 Here is a group.

14:00:10 Beans and rice.

14:00:11 You can see the background.

14:00:14 We purchased 50-pound bags of beans and rice, and then

14:00:18 we broke them down, put them into Ziploc tight bags to

14:00:22 further give out to people.

14:00:27 Here are some children, the orphans.

14:00:30 And in this building they are speaking on the floor.

14:00:32 This building how the of hurricane 2008, a lot of

14:00:35 damage to the building, no furniture or nothing, and

14:00:37 all these kids are from Port-au-Prince.

14:00:39 And so they are sleeping on the floor.

14:00:43 There are no beds there.

14:00:44 Okay.

14:00:47 The next town over is where we ended up going over

14:00:50 there.

14:00:51 And you see the bags of rice.

14:00:53 This is downtown Gonaieve.

14:00:56 These are some of the kids who are orphans who lost

14:00:59 their parents in the earthquakes.

14:01:04 That's me and another minister who went with us on that

14:01:07 trip.

14:01:16 Here is another missionary over there, and she has been

14:01:19 preparing food for all the victims who are in the

14:01:22 hospital.

14:01:23 They are in the hospital as a result of the earthquake

14:01:24 and other injuries.

14:01:25 And the hospital could not feed them.

14:01:28 So this missionary here, the lady that's pointing, they

14:01:35 prepare to feed the people on Monday, Wednesday and

14:01:37 Friday.

14:01:38 They don't have nothing to eat on Tuesday, Thursday,

14:01:40 Saturday or Sunday.

14:01:42 So what they would do is they would take them food on

14:01:45 Monday, they would eat a portion of the food and save

14:01:47 the rest for Tuesday.

14:01:49 When we got there, my team, our group prepared food on

14:01:54 Tuesday and Thursday for them.

14:01:56 Here are the beans that were cooked.

14:01:57 We cooked this out side.

14:02:00 Beans and rice.

14:02:01 And this is like addressing or sauce to go over it.

14:02:06 The team taking food to the hospital.

14:02:10 That's at the hospital.

14:02:13 I'm almost through.

14:02:15 This gentleman was in the earthquake.

14:02:17 They amputated one leg.

14:02:18 While was in the hospital the other leg got infected so

14:02:21 they had to take the other leg.

14:02:22 I am not going to show a lot of things.

14:02:25 I went to the hospital.

14:02:26 It was so draining emotionally.

14:02:29 It really drained me that I went back to where I was

14:02:33 staying an got in the bed the rest of the day.

14:02:36 And they just really drained the condition.

14:02:38 And children in the hospital, broken, and these are

14:02:41 three doctors at the hospital.

14:02:45 These are -- children at the hospital, they are trying

14:02:48 to get their children.

14:02:50 Okay.

14:02:51 Hundreds of them.

14:02:53 And the mortality rate over there is almost 60 deaths

14:02:58 per 1,000.

14:03:01 Births.

14:03:02 Very high infant mortality.

14:03:03 And these are parents at the hospital.

14:03:07 And of course that means with the person who headed up

14:03:10 the mission is Darryl Boudreaux ha has been going for

14:03:14 40 years with the people's concern for mission in

14:03:16 Haiti.

14:03:17 She sponsored this trip.

14:03:18 And she lives in California.

14:03:19 And so she has been going for 40 years.

14:03:22 So she sponsored 25 people as part of that team.

14:03:25 She has a mission house there.

14:03:27 She is 87 years old.

14:03:29 87.

14:03:30 She has been doing this for 40 years.

14:03:32 Okay.

14:03:33 And that pretty much concludes my report.

14:03:35 I made a commitment again to try to help the people in

14:03:38 Haiti.

14:03:38 In fact, I told Mrs. BOUDREAUX she's trying to build an

14:03:45 orphanage and school and trying to raise a half million

14:03:48 dollars to get that completed with people for the

14:03:51 mission for Haiti.

14:03:52 I just want to share some of the pictures and some

14:03:54 things that I did while I was there, and what I saw.

14:03:59 Again it was a life altering experience, and my life

14:04:04 really -- it really let's you appreciate this country,

14:04:10 and we don't realize how fortunate we are.

14:04:15 Just a glass of water, you know.

14:04:17 You don't have to go down to the lake or something like

14:04:20 that.

14:04:21 But we were taking showers out side, had to do all of

14:04:26 that, use the bathroom out side and everything.

14:04:29 So I am very blessed and appreciative for this country.

14:04:33 By the way, I really do appreciate this country.

14:04:39 People talk about Americans trying to help.

14:04:42 Mind you, though, a lot of those people migrate out of

14:04:46 Port-au-Prince, and a lot of supplies are not getting

14:04:49 to them because they have been bringing the supplies to

14:04:52 help the people of that migrate or that would move.

14:04:54 But this country is doing quite a bit trying to help

14:04:58 the people in Port-au-Prince.

14:05:00 That came from the missionaries there in Haiti.

14:05:03 Again thank you all very much for this time.

14:05:04 If you have any questions, I will be more than happy to

14:05:06 respond.

14:05:07 >>JOHN DINGFELDER: Tom, Mr. Chairman, we are so proud

14:05:14 of you and your efforts in doing that, and your

14:05:17 sacrifices in getting down there.

14:05:18 And you mentioned that you and your church, you are

14:05:23 going to try to raise some money.

14:05:24 Have you all set up any kind of Web site that people

14:05:27 who are watching might be able to contact you?

14:05:31 >> We are in the process of doing that.

14:05:32 We want to work with Mrs. Boudreaux, because she has a

14:05:37 501(c)3.

14:05:38 I want to pull some kind of support together and try to

14:05:41 set it up for her to handle that.

14:05:43 I don't want to handle any money.

14:05:44 I just want them to get the funds.

14:05:47 So I am going try to coordinate that to help her do

14:05:50 that and object be able to build the orphanage, to help

14:05:55 with the number of orphans that are over there in

14:05:57 Port-au-Prince now.

14:05:57 >>JOHN DINGFELDER: So maybe if folks want to get in

14:06:01 touch with your office you can point them in the right

14:06:03 direction?

14:06:04 >>> yes, they can call here 813-274-8189 or

14:06:09 813-248-6548 to my church office, and we will certainly

14:06:18 talk to everybody.

14:06:18 Any questions?

14:06:20 >>LINDA SAUL-SENA: Thank you.

14:06:21 >>THOMAS SCOTT: Thank you, council, for your time this

14:06:24 morning.

14:06:24 >>CHARLIE MIRANDA: My office received a fax or

14:06:52 something regarding one of the applicants for this

14:06:54 position.

14:06:55 Mary called me yesterday at work.

14:06:56 And I asked her to circulate it to all council members.

14:06:59 I'm sure you got one.

14:07:02 That's all I have got to say.

14:07:03 >>SHIRLEY FOXX-KNOWLES: City clerk.

14:07:09 Council, we have two positions, two new positions for

14:07:17 your appointment.

14:07:18 One is the full member position, and the other one is

14:07:22 an alternate.

14:07:24 We have three applicants for the full position.

14:07:28 They include Mr. James Chittenden, Mr. A.J. Grant, and

14:07:34 Mr. Randall John Copalla.

14:07:37 Mr. Chittenden is the incumbent.

14:07:40 Mr. A.J. Brant is the alternate.

14:07:45 Currently these are all mayoral appointments.

14:07:50 They were mayoral appointments.

14:07:52 And Mr. Randall John Copalla is from Central Command.

14:08:00 And they have all expressed interest in the position.

14:08:06 Mr. Chittenden, as Mr. Miranda indicated, will not be

14:08:10 here.

14:08:12 He did send a note.

14:08:15 Mr. Copalla also indicated -- and I believe you have

14:08:20 the information also -- noted his interest.

14:08:24 And I don't know if -- I do have a ballot if you want

14:08:30 to use the ballot.

14:08:47 No one is here?

14:08:48 Okay.

14:08:48 >> Do you want me to keep these?

14:08:51 >>SHIRLEY FOXX-KNOWLES: If you would like for me to

14:08:57 move along to the enterprise zone while you are working

14:08:59 on that.

14:09:01 Item 55.

14:09:02 The enterprise zone.

14:09:04 You have five positions available and five applicants.

14:09:09 Three are incumbents and two new applicants.

14:09:13 I don't know of any enterprise zone applicants are

14:09:21 here.

14:09:22 Oh, we have one.

14:09:23 >> My name is Randy Smith.

14:09:41 I am director of research with the Hillsborough --

14:09:44 Tampa Hillsborough economic Development Corporation.

14:09:47 I was hired by Keith Norton and started in this

14:09:52 position on February 1st of this year.

14:09:55 Very excited about this new opportunity, and the future

14:09:58 prospects of our newly rebranded organization.

14:10:02 Also, I am happy to report that business interests in

14:10:05 our area is high this year.

14:10:06 We have been very busy with companies prospecting in

14:10:09 our area.

14:10:12 My prior history was 15 years in commercial real estate

14:10:15 in the Tampa area.

14:10:17 During this time I worked with Christian and wakefield

14:10:20 and GVA advantage real estate services.

14:10:24 Over the years, I worked with the Committee of 100 in

14:10:27 the real estate arena, now a part of our team, and have

14:10:30 the opportunity to work with their talented staff to

14:10:34 bring new business to Tampa, and assist existing ones

14:10:37 to grow and expand.

14:10:40 The enterprise zone is an important tool enhancing our

14:10:43 local economy.

14:10:44 But I believe it must be continually marketed to a

14:10:46 variety of members in our community.

14:10:49 If selected to this board I would be in a good position

14:10:52 to increase the audience for the enterprise program and

14:10:57 its benefits.

14:10:57 Within the Tampa Hillsborough EVC we are creating a

14:11:02 core group of real estate professionals including local

14:11:05 brokers, building owners, investors and developers.

14:11:09 As head of this group for our organization, I would use

14:11:12 this forum to keep members updated on developments in

14:11:15 the enterprise zone program, and also provide feedback

14:11:18 to the board on suggestions from the real estate

14:11:21 community.

14:11:21 (Bell sounds)

14:11:25 With this shared knowledge I would hopefully stay up

14:11:29 with developments in the enterprise zone program.

14:11:32 Thank you.

14:11:32 >> What was your name again?

14:11:36 >> Randy Smith.

14:11:41 >> I'm Phil Rogers, chief operating officer at Hamilton

14:11:53 surveying and I was appointed a few months ago to a

14:11:56 term that was about to expire, so I'm back asking that

14:11:59 you reappoint me.

14:12:01 I have really gotten my feet wet on the board and ready

14:12:03 to get going here.

14:12:05 >>MARTIN SHELBY: Did you state your name for the

14:12:13 record?

14:12:14 >> He did.

14:12:15 >> Rogers.

14:12:19 >> The first one was Randy Smith.

14:12:39 >>SHIRLEY FOXX-KNOWLES: You have five applicants and

14:12:40 five positions available.

14:12:43 What is your pleasure?

14:12:48 >> So moved.

14:12:49 >> Second.

14:12:50 >>JOHN DINGFELDER: Madam clerk, we assume they are

14:12:55 qualified by whatever the criteria is.

14:12:57 Thank you.

14:12:57 >>SHIRLEY FOXX-KNOWLES: Item 56, Historic Preservation

14:12:58 Commission.

14:13:03 We have no applicants.

14:13:04 And we will readvertise unless you have someone.

14:13:08 >>JOHN DINGFELDER: Linda will find somebody.

14:13:12 >>SHIRLEY FOXX-KNOWLES: I'll tally the votes on item

14:13:16 54 and come back.

14:13:18 >>THOMAS SCOTT: Then we will move to item 57.

14:13:22 Administration to appear to revised form of agreement

14:13:26 to be used for independent contractors.

14:13:29 Someone from the administration.

14:13:30 Mr. Fletcher?

14:13:31 >>CHARLES FLETCHER: City attorney.

14:13:37 By way of update, you all should have received

14:13:39 yesterday a memo from Mr. Rodriguez in my office with

14:13:45 the outcome of the meetings with the independent

14:13:47 contractors.

14:13:47 That memo listed a number of changes than were made and

14:13:53 attached a red line version with the revised agreement.

14:13:59 The independent contractors that we met with, while

14:14:05 probably not happy with every detail, were receptive to

14:14:08 this approach, and I think you heard this morning's the

14:14:10 one remaining issue about payment.

14:14:14 But I think everybody is in consensus at this time.

14:14:18 It works.

14:14:18 It's the best effort that we have and we would

14:14:21 recommend it to you all at this point.

14:14:23 I can go through the details of the changes if you

14:14:25 would like.

14:14:25 >>THOMAS SCOTT: Any questions?

14:14:31 Well, Karen Palus, an excellent job for working with

14:14:38 those we represent.

14:14:42 Thank you very much.

14:14:44 And the other gentleman?

14:14:46 >> Mr. Rodriguez from my office.

14:14:52 >>THOMAS SCOTT: Thank you very much as well.

14:14:53 >> I don't think I met him.

14:15:03 I think I know everybody else up there.

14:15:05 >> Actually in the last year or so, we had two new

14:15:08 additions to the office.

14:15:09 Mr. Rodriguez joins us from a very prominent firm in

14:15:15 town.

14:15:15 And a graduate of Chicago law school.

14:15:18 So we are very glad to have him on board.

14:15:21 >>GWEN MILLER:

14:15:22 >>THOMAS SCOTT: Thank you, Mr. Rodriguez.

14:15:24 Yes, sir.

14:15:25 Councilman Miranda.

14:15:25 >>CHARLIE MIRANDA: I just want to say that although

14:15:28 this southbound a step in the right direction, I would

14:15:31 like to receive an attendance of these parks, the rec

14:15:36 centers, on a monthly basis.

14:15:39 I don't want to leave anyone behind.

14:15:40 I know that's been said in Washington, and didn't leave

14:15:44 anybody behind because they all stayed behind.

14:15:46 So I want to make sure that the opportunities are given

14:15:49 especially as I said earlier to the very young, to the

14:15:52 very old.

14:15:54 Thank you.

14:15:54 >>LINDA SAUL-SENA: I thought the suggestion made this

14:16:03 morning about the payment within 30 days was well

14:16:07 taken, and I would assume that that's where you see the

14:16:12 change basically from 45 and writing 30.

14:16:14 Can you do that now?

14:16:18 >>CHARLES FLETCHER: We had a little disagreement pong

14:16:21 among the independent contractors on that issue.

14:16:24 And right now, it's silent on that issue.

14:16:28 >>LINDA SAUL-SENA: Wouldn't they rather be paid within

14:16:32 30 days?

14:16:34 >>>

14:16:35 >>> The finance department does not believe they can

14:16:37 always do that.

14:16:38 And they are not willing to commit to that in

14:16:42 agreement.

14:16:43 By practice, they are doing it in less than 15 days

14:16:46 now.

14:16:47 The 45 days comes from the state statute that governs

14:16:50 all payments due and payable by cities.

14:16:53 >>JOHN DINGFELDER: I think they are silent to them

14:17:04 sort of reserving it to the function and prerogative.

14:17:08 But Karen and everybody who was involved, and of course

14:17:11 our various contractors who were involved, I want to

14:17:13 reiterate and say thank you for working on this.

14:17:16 You know, you worked on this a long time to get us to

14:17:21 where we were, and I'm sure it was 95% there and now we

14:17:25 are probably 98% there, and there's always going to be

14:17:29 little thing but we appreciate your positive attitude

14:17:31 in working on this.

14:17:32 Thanks.

14:17:33 And I'll move the agreement 57.

14:17:34 >>LINDA SAUL-SENA: Second.

14:17:36 >>THOMAS SCOTT: Moved by councilman Dingfelder,

14:17:39 seconded by Councilwoman Saul-Sena.

14:17:41 Question?

14:17:41 >>MARTIN SHELBY: The question actually, I believe it's

14:17:43 not on for any particular action today.

14:17:47 But --

14:17:48 >> Not?

14:17:50 >>MARTIN SHELBY: It is not.

14:17:51 But this action would in fact supersede a resolution

14:17:53 previously passed by council.

14:17:55 So I want to make sure that we are all clear.

14:17:57 You I don't know --

14:17:59 >> I thought that was the desire of staff.

14:18:00 >>CHARLES FLETCHER: I'm not aware of our side any real

14:18:07 rush on this.

14:18:08 I do believe some contractors wanted this done as soon

14:18:10 as possible so we have prepared the contract for your

14:18:14 approval if you desire to move forward at this point.

14:18:16 That's certainly up to council.

14:18:18 And as Mr. Shelby indicated, it would supersede prior

14:18:23 resolution of council.

14:18:24 >> That would be the intended intent of the motion.

14:18:26 I think there is some desire to move forward, and Mrs.

14:18:28 Palus doesn't seem to have any objection.

14:18:30 >>THOMAS SCOTT: There's a motion.

14:18:36 Been moved and seconded.

14:18:37 All in favor signify by saying Aye.

14:18:39 Opposes?

14:18:40 Okay.

14:18:42 So moved.

14:18:42 >>LINDA SAUL-SENA: At our last conversation about

14:19:03 parks and rec issues, Mr. Corrada quickly went over a

14:19:13 conversation about the community band and I had a

14:19:15 question.

14:19:21 I sent out a memo to all the council members on March

14:19:24 11th saying that I had -- hadn't clearly understood

14:19:31 that the action was purely communicated to us.

14:19:34 The Tampa community band would like to use it for their

14:19:38 public performances, and they are willing to do four

14:19:42 performances in return for the band to practice for

14:19:47 free.

14:19:47 And I guess we hadn't done anything on it.

14:19:50 I don't know if I need to put it on a future agenda, or

14:19:53 do something now.

14:19:54 But I would -- we can't tell them what to do.

14:19:57 We can ask them to do.

14:19:59 >>CHARLES FLETCHER: City attorney.

14:20:02 We had started working from the prior meeting and then

14:20:06 we did get that communication.

14:20:07 We stopped.

14:20:08 So we can go back to work with the parks and address

14:20:11 that issue, if you would like

14:20:13 Karen, would you like to address it?

14:20:15 >>KAREN PALUS: Parks and recollection.

14:20:20 Director.

14:20:21 In regard to that -- parks and recreation director.

14:20:26 What Mr. Corrada shared is it is not something that we

14:20:29 are interested in moving forward with in regard to all

14:20:32 the different groups.

14:20:34 Not just specifically to the -- what we said we would

14:20:38 do is negotiate a reduced fee in lieu for services as

14:20:41 we had discussed with each of you previously.

14:20:43 >>LINDA SAUL-SENA: To what degree can council

14:20:52 intervene on this?

14:20:53 >> As far as setting the fees?

14:20:55 >> Yes.

14:20:55 >> You all set the fees.

14:20:57 Chip, do you want to go through that process?

14:21:00 >>CHARLES FLETCHER: You can set the fees and the

14:21:03 policy.

14:21:03 What you would not be able to do is have a

14:21:05 special category for this group.

14:21:07 So you would need to, I guess, direct our office to

14:21:11 prepare an amendment to the fee schedule that we would

14:21:14 be able to draft based on your direction that would

14:21:16 apply to groups of this nature.

14:21:18 >>: perfect.

14:21:20 These what I outlined in option 4.

14:21:22 Maybe I didn't give you a copy.

14:21:24 I what I am suggesting is the legal department develop

14:21:29 a policy for groups that provide quality performances

14:21:33 that are going to perform for the community for free,

14:21:37 and then in exchange for those free performances, and

14:21:41 what I suggested is four times a year, that they be

14:21:43 allowed to rehearse for free, in our city facility.

14:21:51 I would like to make a motion to ask you to develop a

14:21:54 policy like that which is option 4.

14:21:56 >>CHARLES FLETCHER: Probably we can prepare something

14:21:59 if that's council's desire.

14:22:01 >>LINDA SAUL-SENA: Yes, and bring it back.

14:22:03 >> And probably come back as well, just so we are

14:22:05 clear, is how those revenues would be offset at some

14:22:10 point and that would be something that Parks Department

14:22:11 would probably recommend as well.

14:22:12 >>LINDA SAUL-SENA: Yes.

14:22:13 And I know the parks are concerned that whoever creates

14:22:16 something for public offering that it be quality, and I

14:22:19 suggested that perhaps to take the burden that either

14:22:23 the burden is lifted, that maybe the arts council gives

14:22:26 their stamp of approval that their music or dance,

14:22:29 whatever they are creating, is of sufficient quality to

14:22:32 be offered to the public.

14:22:34 That's the motion for legal to come up with something

14:22:36 and bring it back to council for review.

14:22:39 Under the understanding that we can set policy and we

14:22:41 can set fees.

14:22:42 >>MARTIN SHELBY: If I can address that very quickly.

14:22:50 Normally what happens is the fees are proposed by the

14:22:53 administration, and what they have done is they have

14:22:55 done the calculations of the effect of those fees on

14:22:57 the budget and the revenue.

14:22:58 Normally that comes around the time of the approval of

14:23:00 the budget, which you have discretion over.

14:23:02 Once the budget is passed, this council loses

14:23:05 discretion over the budget.

14:23:06 And the only time the budget can be amended is upon a

14:23:09 recommendation by the mayor to this council.

14:23:11 So what I am suggesting is council remain cognizant to

14:23:16 the fact if you a amend the fees during the course of

14:23:19 the year by resolution, if the -- it's the

14:23:21 administration's role as to how to adjust the offset to

14:23:25 revenue and where that money ultimately comes from.

14:23:27 >> Given the speed be in which we act, I thought now we

14:23:31 might get it done by October.

14:23:32 So that's my motion.

14:23:33 >>JULIA COLE: One of the things I think I shared last

14:23:44 time as well.

14:23:45 We'll work with those groups.

14:23:46 And I spoke with Mr. Zolaman and see what our options

14:23:51 are.

14:23:52 Again to be able to manage that within the number of

14:23:54 groups that we have out there, and it's going to be a

14:24:01 work in progress for the city to enter into that with

14:24:04 that many different groups and programmings that are

14:24:06 out there.

14:24:06 So I still caution you all in that regard.

14:24:10 We have gotten somebody great rapport with this

14:24:14 gentleman as well as some other programs.

14:24:16 We have a lot of options on the table.

14:24:17 We are willing to continue that conversation at that

14:24:21 time in the process.

14:24:21 >>THOMAS SCOTT: There's a motion, moved and seconded

14:24:25 by councilman Dingfelder.

14:24:27 As Mrs. Palus just said, cautions us, but as we move

14:24:33 forward with all the options.

14:24:34 All in favor signify by saying Aye.

14:24:37 Oppose opposes?

14:24:38 >>LINDA SAUL-SENA: Mr. Chairman, I would like to share

14:24:40 a letter with all of you that I have written thanking

14:24:43 them for the performance in the 1986 Gasparilla

14:24:46 sidewalk arts festival.

14:24:49 They have been at this a long time.

14:24:52 Thank you.

14:24:53 >>THOMAS SCOTT: Thank you very much.

14:24:55 We'll move to the next item, 58.

14:24:59 Legal department is here to present an ordinance for

14:25:02 first reading consideration regarding zoning

14:25:04 administrator process and appeal process.

14:25:06 >>JOHN DINGFELDER: Let me interrupt and see if I can

14:25:09 help staff out a little bit on this.

14:25:11 I had asked to pull item 6 earlier and staff has been

14:25:14 here all day.

14:25:15 We just had a chance to talk at length and I'm

14:25:17 comfortable with item 6 and I'm ready to move it.

14:25:20 >>LINDA SAUL-SENA: Move item 6.

14:25:22 >>JOHN DINGFELDER: Second.

14:25:22 >>THOMAS SCOTT: Motion and second.

14:25:25 All in favor signify by saying Aye.

14:25:27 Opposes?

14:25:28 >>SHIRLEY FOXX-KNOWLES: City clerk.

14:25:35 Council, Mr. James Chittenden is your appointment to

14:25:41 the Code Enforcement Board.

14:25:44 At this time, I wanted to find out if you wanted to

14:25:50 appoint Mr. Copalla as your appointment.

14:25:53 Mr. A.J. Brant is already an alternate for the mayor.

14:25:56 So I just wanted to find out be if you wanted to

14:25:59 appoint Mr. Copalla as your alternate.

14:26:03 >>GWEN MILLER: I move he be appointed as the

14:26:06 alternate.

14:26:07 >>THOMAS SCOTT: Is there a second?

14:26:08 >> Second.

14:26:09 >>THOMAS SCOTT: Seconded by councilman Miranda.

14:26:12 All in favor signify by saying Aye.

14:26:14 Opposes?

14:26:15 Okay. Item 58. Ms. Cole.

14:26:24 >>JULIA COLE: Legal department.

14:26:26 I had presented to you an ordinance for first reading

14:26:29 which would amend chapter 27, article for the

14:26:35 administration article for the zoning administrator on

14:26:37 review process.

14:26:39 We had several workshops on this, and I had presented

14:26:42 it to you previously, and so that City Council is

14:26:46 aware, Marty Shelby and I went out and met in another

14:26:49 meeting with the members of T.H.A.N.

14:26:52 I also had an informal discussion meeting with some of

14:26:56 the attorneys and other practitioners in the land use.

14:27:00 There are some minor details that we tweaked.

14:27:03 But pretty much the ordinance that you have in front of

14:27:05 you is the ordinance which I described to you as the --

14:27:09 at the last hearing as well as way have been describing

14:27:12 for a period of time.

14:27:13 I can go over it but I submitted all of that to you.

14:27:17 I think at those meetings the only comments that I have

14:27:20 received back as far as T.H.A.N., I received an e-mail

14:27:23 from Wofford Johnson, and I don't know if City Council

14:27:26 received that, indicating that T.H.A.N. had no

14:27:28 objection, and were supportive of the changes so long

14:27:32 as we ensure that the neighborhood associations receive

14:27:34 notice, and that is part and parcel of this entire

14:27:37 process.

14:27:37 The only other comment I heard from members of the land

14:27:44 use was to tweak some language which I was really very

14:27:48 minor but other than that, I would request you review

14:27:54 this and move this at first reading today, unless

14:27:56 there's additional questions.

14:27:58 And I am very excited that it will go a long way to

14:28:05 ensure our process --

14:28:08 >>THOMAS SCOTT: Council?

14:28:09 Otherwise I am going to ask to read the ordinance for

14:28:12 first reading.

14:28:13 >>JOHN DINGFELDER: Julia, you indicate you are very

14:28:15 excited.

14:28:18 I'm sorry for your --

14:28:20 >> I know.

14:28:22 [ Laughter ]

14:28:25 You know I feel passionately about it.

14:28:31 Thank you.

14:28:31 >>THOMAS SCOTT: Mr. Michelini?

14:28:34 >>STEVE MICHELINI: We appreciate all the work that

14:28:36 Julia has put into this.

14:28:38 And working on this.

14:28:40 There's a couple of items.

14:28:41 I know it's going on first reading and perhaps we can

14:28:43 address it when it comes up for public hearing.

14:28:46 But there is no distinction here between small scale

14:28:50 and large scale reviews, and what typically happens is

14:28:53 that normal and ordinary reviews of small issues, they

14:28:56 get bogged down in the office because the zoning

14:28:59 administrator has the responsibility for bigger picture

14:29:03 items.

14:29:04 And one of the suggestions that I made several meetings

14:29:07 ago was to consider creating a small scale versus a

14:29:11 large scale review.

14:29:13 The second thing is that the cost of this process, when

14:29:18 they come back to ask you to set the fees is by

14:29:22 resolution for this process to keep in mind, that these

14:29:27 shouldn't be considered at the same level in the zoning

14:29:30 process which is expensive.

14:29:32 This is like three quarters of what a zoning process

14:29:35 is.

14:29:36 And typically, a small property owner can't afford to

14:29:39 get into that level with that expense for the types of

14:29:43 issues that are being brought forward.

14:29:45 So I ask that you look at that when it comes back.

14:29:49 But considering what we started, it's a good work in

14:29:53 progress.

14:29:53 And we'll continue to work on that.

14:29:58 >>THOMAS SCOTT: Thank you.

14:29:58 Anyone else?

14:30:00 Mr. Grandoff?

14:30:04 >>JOHN GRANDOFF: My address is suite 3700 Bank of

14:30:06 America Plaza.

14:30:09 Pi worked on several drafts with Julia on this process.

14:30:13 She is a master of her craft.

14:30:15 This is a difficult process to forecast how every fact

14:30:19 situation would work, and she's done a very good job,

14:30:22 and a lot of give and take with everyone involved.

14:30:24 Everyone has been able to sit at the table and have

14:30:27 comments from all sides of the equation.

14:30:29 And I look forward to working through this.

14:30:32 And I think you will get very good decisions, and you

14:30:34 have a very good staff to administer this.

14:30:36 I urge you to support it.

14:30:38 >>THOMAS SCOTT: I agree 100 percent.

14:30:43 Thank you, Julia.

14:30:44 Thank you, Mr. Fletcher, and Mr. Shelby.

14:30:47 You all worked extremely hard to get to this point.

14:30:51 You worked with the community.

14:30:53 And you heard everybody out and I really precious

14:30:55 moving forward on this issue.

14:31:01 I think you know how wonderful this is.

14:31:05 Miranda move an ordinance for first reading

14:31:07 consideration.

14:31:08 An ordinance of the city of Tampa, Florida making

14:31:10 comprehensive revisions to the City of Tampa code of

14:31:12 ordinances chapter 27, zoning, repealing article XV,

14:31:17 administration, creating article XV, administration,

14:31:21 repealing all ordinances or parts of ordinances in

14:31:23 conflict therewith providing for severability,

14:31:25 providing an effective date.

14:31:25 >>LINDA SAUL-SENA: Second.

14:31:28 >>THOMAS SCOTT: Let the record reflect that Mrs. Linda

14:31:33 Saul-Sena seconded the motion.

14:31:36 All in favor signify by saying Aye.

14:31:39 >>THE CLERK: Motion carried with Mulhern being absent

14:31:43 at vote.

14:31:44 Second reading of the ordinance will be held April

14:31:46 1st at 9:30 a.m.

14:31:48 >>GWEN MILLER: Move to open item 59, 61 and 62.

14:31:53 >>THOMAS SCOTT: What were the numbers?

14:32:02 >>GWEN MILLER: 59, 60 and 62.

14:32:05 >>THOMAS SCOTT: Right.

14:32:05 61 cannot be heard.

14:32:07 It's been seconded by councilman Miranda.

14:32:10 All in favor?

14:32:11 Opposes?

14:32:11 Okay.

14:32:12 59.

14:32:12 >>MARTIN SHELBY: Swear in the witnesses?

14:32:17 >> Yes, yes.

14:32:18 If you are going to be speaking, please stand to be

14:32:20 sworn.

14:32:21 (Oath administered by Clerk)

14:32:26 >>BARBARA LYNCH: Land Development Coordination.

14:32:28 This is an alley vacating, I have the map on the

14:32:38 overhead to show the location.

14:32:43 The property is shaded in red as the alley to be

14:32:46 vacated outlined in yellow.

14:32:49 The alley lies between 38th Avenue and north Bay

14:32:51 Street and runs from 33rd street to 34th

14:32:55 street.

14:32:56 It's in the East Tampa mixed use overlay district.

14:32:59 It's an unimproved alley.

14:33:01 It's grass.

14:33:01 And it is blocked by fences.

14:33:05 I have some photos.

14:33:06 First is the alley looking east from 33rd street.

14:33:12 The next is an alley looking west from 34th street.

14:33:18 The next is a petitioner's property at the corner of

14:33:21 38th Avenue and 34th street.

14:33:25 And he also owns property at the corner of north Bay

14:33:28 Street and 34th street.

14:33:33 The alley does continue to the west, and I have a photo

14:33:36 continuation of the alley that's about to be vacated.

14:33:41 Staff has no objection.

14:33:42 And there's no easements required.

14:33:43 >>THOMAS SCOTT: Anyone from the public wish to address

14:33:49 council on this vacating?

14:33:50 Anyone from the public?

14:33:51 >> Hello.

14:33:58 I'm representing the Mr. Williams.

14:34:04 15th street.

14:34:07 As you see, there's nothing there.

14:34:08 >>CHARLIE MIRANDA: Move to close.

14:34:15 >>LINDA SAUL-SENA: Second.

14:34:16 >>THOMAS SCOTT: Is anyone in opposition to this

14:34:17 closing?

14:34:18 All right.

14:34:18 Then -- are you in opposition?

14:34:23 >>> (off microphone)

14:34:25 Come on up, ma'am.

14:34:26 >>> I'm within my mother who lives on 38th Avenue

14:34:33 and she's not sure exactly what they are requesting.

14:34:37 >>THOMAS SCOTT: Closing off the alley there.

14:34:41 >>GWEN MILLER: Is there an alley behind implore your

14:34:48 mother's house?

14:34:49 They are going to close it so they can't go up and down

14:34:52 the alley.

14:34:52 >>JOHN DINGFELDER: She'll get half of the alley.

14:34:55 >>THOMAS SCOTT:

14:34:56 >>GWEN MILLER: She can move her fence over five feet.

14:34:58 >> All right.

14:34:59 Thank you.

14:35:00 >>THOMAS SCOTT: The motion, moved and seconded to

14:35:05 close.

14:35:06 All in favor?

14:35:07 Opposes?

14:35:07 Okay.

14:35:08 Councilwoman Miller.

14:35:09 >>GWEN MILLER: An ordinance vacating, closing,

14:35:10 discontinuing, abandoning a certain right-of-way all of

14:35:14 that portion of the alley lying south of 38th

14:35:17 Avenue, north of north Bay Street, east of 33rd

14:35:20 street, and west of north 34th street, in ALTAMIRA

14:35:25 Heights, a subdivision in the City of Tampa,

14:35:27 Hillsborough County Florida the same being more fully

14:35:31 described, additions and restrictions as more

14:35:34 particularly described herein providing an effective

14:35:35 date.

14:35:35 >>THOMAS SCOTT: Seconded by councilman Dingfelder.

14:35:40 All in favor signify by saying Aye.

14:35:42 Opposes?

14:35:43 >>THE CLERK: Motion carried with Mulhern being absent

14:35:46 at vote.

14:35:47 Second reading of the ordinance will be held April

14:35:49 1st at 9:30 a.m.

14:35:50 >>THOMAS SCOTT: Item 60.

14:36:12 >>LaCHONE DOCK: Land Development Coordination.

14:36:14 I have been sworn.

14:36:15 The next item on the agenda is petition V-10-47.

14:36:19 The property is located at 3209 north 22nd street.

14:36:22 The property is currently zoned CG commercial general.

14:36:26 The proposed special use is for alcoholic beverage

14:36:28 sales, small venue, 2(APS) which allows for the sale of

14:36:32 alcoholic beverages for consumption off premises only.

14:36:35 The proposed use is retail sales.

14:36:39 The existing one-story structure contains 2,227 square

14:36:44 feet.

14:36:45 Building height is 15.50 feet.

14:36:47 The total area under this request is 2,227 square feet.

14:36:53 Parking required is nine spaces, and two spaces are

14:36:57 provided.

14:37:22 I have pictures of the site.

14:37:29 That is a view of the south side of the site.

14:37:37 That's on 22nd street.

14:37:40 That's to the north.

14:37:43 Another view to the north.

14:37:46 That is the south side.

14:37:50 On 23rd Avenue.

14:37:51 >>JOHN DINGFELDER: Can you put up the first picture?

14:37:54 >>> Sure.

14:37:57 >>JOHN DINGFELDER: Is the store open now?

14:38:09 >>> I do not believe the store is open now.

14:38:13 The development review committee has reviewed the

14:38:17 petition and finds it inconsistent where the applicable

14:38:20 City of Tampa land development regulations.

14:38:22 However, if the requests changes are made between first

14:38:25 and second reading the development review committee

14:38:27 will amend its determination and find the petition

14:38:29 consistent with the exception of transportation,

14:38:33 inconsistency relates to the parking provided.

14:38:36 There are two changes required on the site plan between

14:38:38 first and second reading, which are listed on page 2 of

14:38:41 the staff report.

14:38:42 And I would like to read those into the record.

14:38:45 The first is to remove waiver number 5 on the site

14:38:47 plan.

14:38:48 And the second request is to add a waiver with just a

14:38:52 section 27-246 to reduce the hours between 29 feet to

14:38:58 20 feet.

14:39:00 And those are the two changes that are requested.

14:39:03 I would like to note on page 2 of the report the

14:39:05 inconsistency found on the transportation.

14:39:07 The last bullet which mentioned access to the arterial

14:39:11 or collector street that should be removed from the

14:39:13 report.

14:39:14 That is the only access that they are allowed to have.

14:39:18 That concludes staff's presentation.

14:39:20 I'm available if you have any questions.

14:39:21 >>THOMAS SCOTT: Officer Miller.

14:39:25 >> Officer Don Miller, City of Tampa police department.

14:39:29 City of Tampa police has no objection to this special

14:39:32 use.

14:39:32 >>THOMAS SCOTT: This is a public hearing.

14:39:35 Is anyone here in opposition to this petition?

14:39:37 Anyone in opposition?

14:39:41 Anyone in opposition?

14:39:43 Okay, petitioner, where is the petitioner?

14:39:45 Do you want to add anything to the record?

14:39:47 >> My name is Shaquekia Boyd, and I am requesting

14:40:00 alcohol sales in the location.

14:40:02 And I respectfully ask for your approval.

14:40:04 >>THOMAS SCOTT: Will it be a store or what?

14:40:10 >>> Yes.

14:40:17 >>THOMAS SCOTT: Anyone else?

14:40:21 Motion to close.

14:40:23 Council?

14:40:23 >>JOHN DINGFELDER: I'm sorry, I shouldn't have let you

14:40:29 sit down before I had my questions.

14:40:37 We probably don't have any hours of operation included

14:40:39 on here.

14:40:42 It sort of looks like you are surrounded by residential

14:40:46 all around, which is good for being close to your

14:40:50 customers.

14:40:51 But what sort of hours are you going to be operating?

14:40:53 >> It's going to be late night hours.

14:41:01 >> Like what?

14:41:02 >> Probably from one.

14:41:09 Twelve.

14:41:09 >> Open till midnight seven days a week?

14:41:12 >> About that, yes.

14:41:14 Five, six days.

14:41:15 >> Is this going to be a grocery store?

14:41:19 Why would it be open till 12 at night?

14:41:22 >>JOHN DINGFELDER: That's why I brought up the

14:41:23 question.

14:41:24 >> It's not a gross Ray store.

14:41:25 It's a convenience store.

14:41:26 Like a corner store.

14:41:27 >> Is it open now?

14:41:32 >> No.

14:41:33 >>GWEN MILLER: We need to put some hours on there.

14:41:45 What time are you going to open?

14:41:46 >>> 9 a.m. to 6 p.m.

14:41:56 >> 9 a.m. to 6 p.m.?

14:41:58 Okay, that sounds better.

14:41:59 >>JOHN DINGFELDER: You are not talking about closing?

14:42:05 >> What time are you going to close?

14:42:07 >> At night?

14:42:09 About 9 or 10 p.m.

14:42:11 >> What was the 6 p.m. you were talking about?

14:42:13 >> let's put 11:00.

14:42:16 >>GWEN MILLER: 10.

14:42:19 Nine to ten?

14:42:20 >>> Yes.

14:42:21 >>JOHN DINGFELDER: Okay about the opening hours.

14:42:28 10 p.m. closing.

14:42:29 Are you okay with that?

14:42:30 >>> Yes.

14:42:42 >>JOHN DINGFELDER: So direct staff to draft --

14:42:46 >>REBECCA KERT: Legal department.

14:42:47 Actually, it would be a change to the site plan between

14:42:50 first and second reading.

14:42:52 If I could get a clarification.

14:42:53 Typically when you do hours of operation, the business

14:42:58 actually closes, that's consistent with your general

14:43:00 rules at 3 a.m.

14:43:01 However, your general rule, a store of this type, they

14:43:10 don't have to actually close, they just have to stop

14:43:12 the sale of alcohol.

14:43:15 >>THOMAS SCOTT: So they have to stop the sale of

14:43:20 alcohol at 10:00.

14:43:20 >> Right.

14:43:21 But they can stay open later.

14:43:24 That's how you treat all convenience stores.

14:43:26 >> What's the difference between an convenience store,

14:43:31 and all of this, just a corner store?

14:43:35 >>REBECCA KERT: A retail store is a commercial

14:43:40 establishment that sales day to day commercial needs

14:43:45 included but news stands, bakeries, market, and than

14:43:50 food stores of less than ten thousand square feet in

14:43:53 floor area.

14:43:54 And also they are not allowed to sell liquor.

14:43:59 But it would fit within that definition.

14:44:00 >>THOMAS SCOTT: So the motion can include the

14:44:04 closing -- not selling alcohol after 10:00.

14:44:08 >>REBECCA KERT: Yes.

14:44:10 >>JOHN DINGFELDER: Move to close and then we'll do a

14:44:13 motion.

14:44:14 >>MARTIN SHELBY: Is that -- so petitioner understands

14:44:19 what the conditions will be.

14:44:20 Do you understand what the conditions that the council

14:44:22 is suggesting?

14:44:28 Council is suggesting the site plan be amended so that

14:44:31 it will be your responsibility and the business'

14:44:35 obligation, pursuant to than site plan that you stop

14:44:38 selling alcohol after 10 p.m.

14:44:39 Do you understand that?

14:44:40 >> Yes.

14:44:41 >> Is that acceptable to you?

14:44:42 >> Yes.

14:44:43 >>MARTIN SHELBY: Thank you.

14:44:45 >>JOHN DINGFELDER: Move to close.

14:44:49 >>THOMAS SCOTT: Moved and seconded.

14:44:50 All in favor signify by saying Aye.

14:44:53 Opposes?

14:44:54 Ms. Miller?

14:44:55 >>JOHN DINGFELDER: I'll move the following ordinance

14:45:05 for first reading.

14:45:06 Ordinance approving a special use permit S-2 for

14:45:08 alcoholic beverage sales small venue making legal the

14:45:14 sale of alcoholic beverages beer and wine 2(APS) in

14:45:19 sealed containers for consumption off premises only at

14:45:21 or from that certain lot, plot or tract of land located

14:45:24 at 3209 north 22nd street, Tampa, Florida, as more

14:45:28 particularly described in section 2 hereof providing

14:45:30 for repeal of all ordinances in conflict, providing an

14:45:32 effective date.

14:45:33 And within the added condition that's been agreed to by

14:45:35 the petitioner of discontinuing alcohol sales at

14:45:40 10 p.m., seven days a week.

14:45:42 >>LINDA SAUL-SENA: Second.

14:45:45 >>> I'll make the two changes requested between before

14:45:51 the second reading.

14:45:52 >>THOMAS SCOTT: Within the conditions of staff between

14:45:54 first and second reading.

14:45:56 >>JOHN DINGFELDER: Included in my motion.

14:45:58 Thank you.

14:45:58 >>GWEN MILLER: I have a question on the motion.

14:46:00 Who will be monitoring that they will not be selling

14:46:03 after ten?

14:46:05 >>REBECCA KERT: Legal department.

14:46:06 I would assume that it would be handled as you handle

14:46:08 all of your hours of operation, which is if there's a

14:46:13 known problem then TPD would be investigating that and

14:46:15 making a report, and then they are either in violation

14:46:18 of their zoning at that point, which makes a zoning

14:46:21 case, could potentially be a criminal violation and

14:46:26 could be potentially bring it to you for revocation or

14:46:29 suspension of alcoholic beverage zoning.

14:46:36 >>THOMAS SCOTT: It's been moved and seconded.

14:46:41 All in favor signify by saying Aye.

14:46:43 Opposes?

14:46:45 >> Nay.

14:46:46 >>THE CLERK: Motion carried with Mulhern being absent

14:46:49 at vote and Miranda voting no.

14:46:52 The second reading of the ordinance will be held April

14:46:56 1st at 9:30 a.m.

14:46:58 >>THOMAS SCOTT: Item 62.

14:47:05 >>JOHN DINGFELDER: I need a disclosure and opinion

14:47:10 from our legal counsel.

14:47:12 This applicant is the Hillsborough County bar

14:47:15 foundation, Inc., and I'm a member of the Hillsborough

14:47:18 County Bar Association, which I believe is a separate

14:47:23 entity from the foundation, but probably has some

14:47:25 relationship.

14:47:27 Mr. Shelby and I were speaking about it.

14:47:29 Mr. Shelby, any opinion?

14:47:31 >>MARTIN SHELBY: The question, sir, is with regard to

14:47:34 this particular application would the action taken in

14:47:38 your special private -- inure to your special private

14:47:43 gain?

14:47:44 >>JOHN DINGFELDER, no I promise not to drink there.

14:47:46 [ Laughter ]

14:47:46 No.

14:47:47 >>MARTIN SHELBY: You personally or --

14:47:49 >>JOHN DINGFELDER: No, it would not inure to be my

14:47:52 special interest.

14:47:52 >>MARTIN SHELBY: Then I see under Florida law, you

14:47:55 would be required to vote on this.

14:47:56 >>JOHN DINGFELDER: I would be required to vote.

14:48:01 Thank you.

14:48:01 >>THOMAS SCOTT: Go ahead.

14:48:06 Do you want to introduce the item?

14:48:08 >>LaCHONE DOCK: Land Development Coordination.

14:48:10 I have been sworn.

14:48:10 The next item on the agenda is petition V-10-112 for

14:48:15 property located at 1610 North Tampa Street.

14:48:18 The property is currently zoned PDA, planned

14:48:20 developmental alternative for the use of business

14:48:22 professional office and law school.

14:48:24 The proposed special use is alcoholic beverage sales,

14:48:26 large venue, 11-C which allows for beer, wine and

14:48:31 liquor, and the sale of alcoholic beverages for

14:48:33 consumption on premises only to members and guests of

14:48:36 members of non-profit clubs.

14:48:39 The site contains 39,395 square feet.

14:48:43 The existing two-story structure contains 17,306 square

14:48:48 feet.

14:48:48 The proposed special using contains 17,191 square feet

14:48:52 and includes the first and second floors.

14:48:55 There is no outdoor area proposed.

14:48:57 57 parking spaces are required.

14:49:00 And 58 spaces have been provided.

14:49:03 I have an aerial of the site.

14:49:08 The site is located just out side of downtown.

14:49:11 It's boarded on Tampa street, to the north of the site.

14:49:17 I-275, the interstate is to the south.

14:49:20 And this is the site here in yellow.

14:49:21 And this is the area in blue for the proposed --

14:49:29 pictures of the site.

14:49:30 This is the east view.

14:49:32 On Tampa.

14:49:36 That's the south.

14:49:42 This is the west end of this building.

14:49:46 And this is the north side.

14:49:51 The development review committee has reviewed the

14:49:53 petition and finds the application consistent with the

14:49:57 regulations.

14:49:58 I'm available if you have any questions.

14:50:00 >>THOMAS SCOTT: Anyone here in opposition to this

14:50:01 petition?

14:50:02 >> Move to close.

14:50:08 >>LINDA SAUL-SENA: Second.

14:50:09 >>THOMAS SCOTT: Officer Miller.

14:50:10 >> Officer Don Miller, City of Tampa police department.

14:50:13 City of Tampa police department has no objections to

14:50:15 this special use 2 application.

14:50:17 >>THOMAS SCOTT: Petitioner, do you wish to add

14:50:21 anything?

14:50:22 All right.

14:50:22 Motion to close.

14:50:23 Is there a second?

14:50:25 >>LINDA SAUL-SENA: Second.

14:50:26 >>THOMAS SCOTT: All in favor signify by saying Aye.

14:50:28 Councilwoman Saul-Sena?

14:50:30 >>LINDA SAUL-SENA: I would like to move an ordinance

14:50:34 approving a special use permit S-2 for alcoholic

14:50:37 beverages sales large venue making lawful the sale of

14:50:41 beverages regardless of alcoholic content beer, wine

14:50:42 and liquor 11-C for consumption on the premises only to

14:50:46 members and their guests and members of that nonprofit

14:50:49 private club on or from that certain lot, plot or tract

14:50:52 of land located at 1610 North Tampa Street, Tampa,

14:50:55 Florida as more particularly described in section 2

14:50:58 hereof providing for repeal of all ordinances in

14:51:00 conflict, providing an effective date.

14:51:00 >>JOHN DINGFELDER: Second.

14:51:08 >>THOMAS SCOTT: Seconded by councilman Dingfelder.

14:51:10 All in favor?

14:51:11 Opposes?

14:51:11 >>THE CLERK: Motion carried with Caetano and Mulhern

14:51:15 being absent at vote.

14:51:17 Second reading of the ordinance will be held April

14:51:19 1st at 9:30 a.m.

14:51:21 >> new business?

14:51:25 >>LINDA SAUL-SENA: Council member Mulhern asked me to

14:51:27 make this motion for her, that we send a letter from

14:51:31 the chairman of Tampa City Council to Tampa

14:51:36 Hillsborough expressway authority indicating the

14:51:37 council heard from a large majority of constituents

14:51:40 opposed to the proposed Gandy overhead project.

14:51:43 >>JOHN DINGFELDER: Can you say it again?

14:51:48 >> Say it once more with feeling.

14:51:49 A letter from the chair of Tampa City Council to the

14:51:52 Tampa Hillsborough expressway authority indicating that

14:51:55 council has heard from a large mort majority of

14:51:58 constituents opposed to the proposed Gandy overhead

14:52:02 project.

14:52:02 >>JOHN DINGFELDER: I think that we have definitely

14:52:10 heard from citizens.

14:52:13 But how do we have any idea what the majority --

14:52:18 >>LINDA SAUL-SENA: I would say from a number of

14:52:20 questions.

14:52:21 >>JOHN DINGFELDER: Then we are sort of stating the

14:52:24 obvious because they have heard from a lot of citizens.

14:52:26 I would ask Mr. Chairman because he's on that board.

14:52:28 But I am going to assume if they are writing to us, I'm

14:52:31 sure they are writing to your body as well, the

14:52:34 expressway authority.

14:52:35 So what is it that we are accomplishing?

14:52:37 If the motion is to say that council is opposed to this

14:52:40 project, then maybe that needs to be the motion.

14:52:43 >>LINDA SAUL-SENA: This says we heard from a number of

14:52:47 constituents who are opposed to --

14:52:50 >>JOHN DINGFELDER: So what are we accomplishing?

14:52:53 >>LINDA SAUL-SENA: We are doing what this is requested

14:52:55 to be.

14:52:56 >>THOMAS SCOTT: What I suggest is we change the

14:52:58 terminology.

14:52:59 We heard from a number of citizens who are opposed to

14:53:01 that, and that we ask the expressway authority to

14:53:05 remain sensitive and continue working with the

14:53:07 community if the project should move forward.

14:53:09 I think that's important.

14:53:11 To work with the community.

14:53:14 Or the citizens needs to be a part of that.

14:53:17 >>JOHN DINGFELDER: I'm good with that.

14:53:18 >>LINDA SAUL-SENA: Okay.

14:53:19 That will be the motion.

14:53:21 >>THOMAS SCOTT: Mr. Shelby, are you going to draft

14:53:23 that?

14:53:24 >>MARTIN SHELBY: I'll draft that.

14:53:25 This is a letter from the chair.

14:53:27 It will be on council letterhead with your signature.

14:53:29 >>THOMAS SCOTT: This is a motion by council to ask Q

14:53:35 the chair to send a letter to that citizens from the

14:53:41 area are opposed to the project and also that we ask

14:53:43 that the expressway authority remain sensitive to the

14:53:45 community and to continue to work with the community if

14:53:48 the project should move forward.

14:53:49 >>MARTIN SHELBY: Yes, sir, I will have that prepared

14:53:53 for your signature.

14:53:55 >>THOMAS SCOTT: That was a motion.

14:53:55 >> Second.

14:54:00 >>THOMAS SCOTT: Sir, we adjourned from taking -- okay,

14:54:05 come on up.

14:54:10 Since you were so wonderful this morning.

14:54:12 >>> I really meant it and I appreciate your work down

14:54:15 there.

14:54:15 We have been active in Tampa, too, with Tampa General

14:54:17 Hospital, and with the amateur radio community.

14:54:24 We have been very active and are very interested in

14:54:26 seeing as much help get done as we can.

14:54:28 My New Business item is Joseph Booker.

14:54:30 I have been here before.

14:54:31 And I have been sworn, I think.

14:54:36 If we can help as a member of the Gandy sun bay south

14:54:40 civic association, I have met recently with other civic

14:54:44 association leaders, and I would be glad, Mr. Al

14:54:51 Steenson is out of town this week doing the

14:54:54 grandchildren thing, which is important, but I can make

14:54:58 available through the people that we have met with just

14:55:00 this week that other civic associations, if you would

14:55:05 like further information, and just strengthen, you

14:55:09 know, what you heard.

14:55:13 Mrs. Mulhern asked, what is it your constituents want

14:55:16 here?

14:55:17 And I think we did a good job of bringing it to your

14:55:19 attention.

14:55:20 And having it watered down, well, we don't think it's a

14:55:27 good idea because people don't like it.

14:55:29 We don't think that accomplishes it, if we say "these

14:55:34 people don't like it" which represents a huge majority

14:55:38 of the residents abutting this proposed project, I

14:55:40 think it would have a lot more impact.

14:55:42 And it would serve you well, serve your constituents, I

14:55:46 think.

14:55:46 If you would like my help in that, we offer it.

14:55:49 >>LINDA SAUL-SENA: Because council does not have a

14:55:53 specific role in this decision, if I were you, I would

14:55:58 think the strongest thing you can do is communicate

14:56:01 directly with the expressway authority.

14:56:02 >>> We have indeed done that.

14:56:05 That's why we came to you as our City Council.

14:56:09 I understand you don't have any voice with THEA.

14:56:13 That's not your role.

14:56:14 However, you do have a standing duty to the

14:56:18 constituents of your city.

14:56:20 And that's why we are here to talk to you.

14:56:23 Help us.

14:56:24 We think we need your help.

14:56:26 And if you will let us do -- give you any help we can.

14:56:31 And I think right away, let it be known.

14:56:40 These people don't want this thing.

14:56:41 And in spite of what the presentations were, no, it's

14:56:48 not a good thing for our community.

14:56:54 I heard this morning about the cell tower thing.

14:56:56 We are concerned about what our community looks like.

14:56:58 We don't want it to look like an elevated railway in

14:57:02 Chicago.

14:57:06 They can elevate the interstate but -- on the Selmon.

14:57:10 But we are not talking about that.

14:57:11 We are talking about going right down the middle of the

14:57:14 community.

14:57:14 We don't need this thing.

14:57:16 We don't want it and we can't afford it.

14:57:18 It's not the best alternative.

14:57:21 And it's not appropriate anymore because the

14:57:28 development in Westshore, it went belly up.

14:57:31 It's not there anymore.

14:57:32 Okay.

14:57:32 So I'll give whoever my telephone number.

14:57:42 You can contact me.

14:57:44 If you want, I'm available.

14:57:45 We will do this.

14:57:46 >>LINDA SAUL-SENA: Thank you.

14:57:49 >>THOMAS SCOTT: I appreciate it.

14:57:50 Thank you very much.

14:57:51 There's a motion.

14:57:52 Moved and seconded.

14:57:53 All in favor signify by saying Aye.

14:57:55 Opposes?

14:57:55 Okay.

14:57:56 Other new business?

14:57:57 Councilman Miranda?

14:58:00 >>CHARLIE MIRANDA: I would like to pass a resolution

14:58:02 from City Council to be presented to Brad Baird and

14:58:04 director of Tampa water department supporting endorsing

14:58:07 the mayor's proclamation coming up in April as water

14:58:10 conservation month, and encouraging all our citizens to

14:58:14 practice water conservation, and thanking all of our

14:58:17 employees who work for the city water department that

14:58:19 work tirelessly on behalf of the City of Tampa to

14:58:22 ensure that we provide the finest water in the country.

14:58:25 >> Did you want that for a vote?

14:58:30 Or do you want to do it now just the way you said it?

14:58:35 >>CHARLIE MIRANDA: I just ask for a resolution to be

14:58:38 drawn, that's all.

14:58:38 >>THOMAS SCOTT: Moved and seconded.

14:58:41 All in favor signify by saying Aye.

14:58:44 Opposes?

14:58:51 Councilman Dingfelder?

14:58:53 >>JOHN DINGFELDER: Just one quick thing.

14:58:55 You know, in these times of difficult times and

14:59:01 difficult budget times for local government, we are

14:59:04 always looking for good suggestions from the private

14:59:07 sector to help us.

14:59:11 And in that regard, the city received a letter from Mr.

14:59:16 Todd Hopmire that was forwarded to me by John Kynes.

14:59:21 Most of us know John.

14:59:24 And Mr. Hopmire is the head coach and president of the

14:59:26 South Tampa aquatic team, and came to Karen Palus about

14:59:31 a week ago proposing a partnership with the city to

14:59:34 help run the swimming pool down at, I think the one

14:59:41 down by Robinson, if I am not mistaken.

14:59:45 Well, it looks like referencing the inner bay pool

14:59:49 and/or the Bobby Hicks pool.

14:59:52 I think there's some real good ideas here, and maybe if

14:59:55 we can start it as a prototype at this pool to help out

14:59:59 the Parks Department, and if it works then maybe we can

15:00:03 expand it to some of our other pools.

15:00:06 Including Davis Island, which we know has some issues.

15:00:10 What I would like to do is ask Mrs. Palus to report

15:00:13 back to council in 30 days.

15:00:17 >>LINDA SAUL-SENA: Second.

15:00:18 >>JOHN DINGFELDER: Just to get a barometer on how she

15:00:21 and the city and the mayor feel about this idea, and

15:00:26 we'll have a little discussion on it under staff

15:00:29 reports.

15:00:29 >>THOMAS SCOTT: Moved and seconded.

15:00:31 All in favor signify by saying Aye.

15:00:33 Opposes?

15:00:35 Any other new business?

15:00:36 >>MARTIN SHELBY: Council, in front of you, you have a

15:00:40 resolution approving your appointments to this year's

15:00:47 City Council citizens advisory Budget and Finance

15:00:48 Committee.

15:00:49 And those council members who forwarded their

15:00:53 appointees do appear, and this is at the request of

15:00:56 council member Mulhern who made the motion.

15:00:59 Council did pass this request to have us on the agenda.

15:01:03 I have prepared it for you.

15:01:05 I ask that you move it, please.

15:01:06 >>LINDA SAUL-SENA: So moved, the budget people.

15:01:09 >>THOMAS SCOTT: Second?

15:01:11 Seconded by councilman Dingfelder.

15:01:13 All in favor signify by saying Aye.

15:01:15 Opposes?

15:01:16 >>LINDA SAUL-SENA: Move to receive and file.

15:01:18 >>THOMAS SCOTT: Well, new business, I request Mr.

15:01:22 Harold Beckner for recognizing may 1st as global

15:01:26 love day.

15:01:27 And we present that at our last meeting in April.

15:01:32 Global L-O-V-E day.

15:01:36 >>JOHN DINGFELDER: We send that to county commission?

15:01:39 [ Laughter ]

15:01:44 >> Second.

15:01:45 >>GWEN MILLER: We have a motion and second.

15:01:47 All in favor say Aye.

15:01:48 Opposed, Nay.

15:01:49 >>THOMAS SCOTT: And placing on the agenda by next

15:01:52 evening, Mr. Shelby, at the convention center.

15:01:58 We don't need to vote on that.

15:02:00 >>MARTIN SHELBY: I don't believe you need to vote on

15:02:02 that.

15:02:02 That will be placed on the agenda as the council rules

15:02:04 allow the administration to do those --

15:02:07 >>THOMAS SCOTT: Next Thursday.

15:02:08 >>MARTIN SHELBY: You received a memo from the mayor

15:02:12 regarding the reorganization.

15:02:14 >>JOHN DINGFELDER: Oh, at the convention center.

15:02:17 >>MARTIN SHELBY: That does require City Council.

15:02:19 And to move that swiftly the administration can request

15:02:24 is to it up next evening.

15:02:25 >>THOMAS SCOTT: They are requesting to come next

15:02:32 Thursday.

15:02:33 >>MARTIN SHELBY: The evening agenda for action.

15:02:34 >>JOSEPH P. CAETANO: I told Mr. Santiago that he has

15:02:42 to get his haircut.

15:02:43 He has agreed to come up and I am going to cut his

15:02:46 hair.

15:02:47 [ Laughter ]

15:02:47 >>THOMAS SCOTT: Okay.

15:02:49 All right.

15:02:51 Motion to receive and file.

15:02:53 >>LINDA SAUL-SENA: Yes.

15:02:54 >>JOHN DINGFELDER: Second.

15:02:55 (Motion carried).

15:02:57 >>THOMAS SCOTT: Is there anyone here in the audience

15:02:58 wishing to address council?

15:03:00 Anyone wishing to address council?

15:03:04 Okay.

15:03:04 Thank you, council.

15:03:06 Again, have a great day.

15:03:07 Thank you.

15:03:08 We stand adjourned.

15:03:10 (City Council meeting adjourned at 3:03 p.m.)




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