TAMPA CITY COUNCIL WORKSHOP
Thursday, April 28, 2011
9:00 a.m. session
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>>CHARLIE MIRANDA: The City Council is called to order.
09:03:00 Roll call.
09:03:01 [Roll Call]
09:03:09 >>CHARLIE MIRANDA: The chair yields to the honorable
09:03:10 Lisa Montelione.
09:03:12 >> You just like saying that, don't you, Charlie?
09:03:16 >> I love saying "Lisa Montelione," because I'm about
09:03:20 the only one that can say it.
09:03:21 >> Well, I would like to welcome Reverend Sara
09:03:25 Zimmerman, from the Universalist Unitarian Church.
09:03:35 Thank you for being here, Reverend.
09:03:36 All rise.
09:03:37 >> This prayer is from the second century.
09:03:50 (off microphone)
09:03:53 May I never rejoice in the ill fortune of one who has
09:04:20 wronged me.
09:04:21 May I to the extent of my power give help to all who
09:04:26 are in one.
09:04:27 May I never fail a friend.
09:04:31 May I respect myself.
09:04:35 May I always keep tame that which rages within me.
09:04:39 May I accustom myself to be gentle and never be angry
09:04:44 with others because of circumstances.
09:04:48 May I know good people and follow in their footsteps.
09:04:54 We ask this in the name of all that is holy.
09:04:59 (Pledge of Allegiance)
09:05:20 >>FRANK REDDICK: Mr. Chairman, I would like to remove
09:05:22 item number 3 and reschedule for May 19th.
09:05:25 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.
09:05:27 Seconded by Mr. Suarez.
09:05:29 All in favor?
09:05:32 Passes unanimously.
09:05:33 Mr. Reddick, he's going to make some accommodations of
09:05:39 people that are deserving.
09:05:40 >> Good morning, Mr. Chair and members of the council.
09:05:54 It's an honor to stand here this morning as we
09:05:56 recognize our Officer of the Month and today it's Aaron
09:06:07 I would like to turn it over to the chief to give us an
09:06:11 >> Chief Castor: Good morning.
09:06:17 It's my pleasure, one of the highlights of my job to be
09:06:19 able to present to you some of Tampa's finest.
09:06:22 Today we have Aaron Campbell.
09:06:24 Come on.
09:06:26 Aaron hasn't been with us for long.
09:06:29 Actually, he was sworn in in July of 2010.
09:06:32 But he came to us as a homicide detective from Polk
09:06:36 So he has a great deal of experience.
09:06:38 And he certainly has distinguished himself with the
09:06:41 Tampa Police Department since he's been here.
09:06:44 Anyone out there thinking about committing a crime may
09:06:46 not do it in Aaron Campbell's area because you will be
09:06:50 I want to highlight just a few of the stellar
09:06:53 performances that he has had, most during the month of
09:06:59 And January 1st of 2011, and you guys may be able
09:07:04 to figure this through your keen investigative skills
09:07:07 the type of a crime this was.
09:07:09 A victim allowed a guest into his house, and it was an
09:07:13 argument over money.
09:07:14 The argument turned violent and the suspect armed
09:07:18 herself with a knife and took the individuals money,
09:07:20 stole his wallet and fled.
09:07:21 The next day, Aaron Campbell followed up on that
09:07:24 incident, was able to do a neighborhood survey, get
09:07:27 enough information to identify the suspect and place
09:07:31 her under arrest within 24 hours of the incident.
09:07:34 On the 19th, a burglary occurred on 11th street
09:07:39 which resulted in the theft of a loaded semiautomatic
09:07:43 During the investigation, a suspect that was on
09:07:46 probation for other burglaries was developed, but
09:07:49 during an initial interview he denied involvement.
09:07:52 Officer Campbell reviewed the case, requested a chance
09:07:55 to interview the individual himself, and his supervisor
09:07:59 allowed him to do that.
09:08:00 He and his partner went out into the county,
09:08:03 interviewed this individual, and not only got a
09:08:06 confession out of this subject who was a habitual
09:08:10 juvenile offender, but he also wrote a written apology
09:08:14 to the victim, and he recovered the stolen firearm, all
09:08:17 within 24 hours of the crime being committed.
09:08:20 On January 30th, another burglary occurred at a
09:08:23 group home on Curtis street.
09:08:27 And during the investigation it was discovered that a
09:08:29 second residence had also been burglarized.
09:08:32 Officer Campbell and his partner conducted a meticulous
09:14:45 (Commendation presented to Driver-Engineer Deborah Ann
09:14:45 Lawton, Tampa Fire Rescue)
09:19:30 [ Applause ]
09:19:55 >> We would like to give this commendation to you for
09:19:59 being chosen as firefighter of the quarter for the
09:20:02 period beginning April 2011.
09:20:10 [ Applause ]
09:20:11 >> Congratulations.
09:20:13 Steve Stickley representing Stepps Towing Service.
09:20:17 We would like to present this firefighter statute to
09:20:20 you for a job well done.
09:20:21 And we also have a gift card to Lee Roy Selmon.
09:20:26 Thank you.
09:20:27 [ Applause ]
09:20:30 >> On behalf of Bright House networks, I would like to
09:20:37 present with you complimentary service for the next
09:20:39 three months awarded by Bright House services.
09:20:43 [ Applause ]
09:20:47 >> Jake Cohan, Tampa Firefighters, local 754.
09:20:53 Debbie, I would like to present with you this plaque
09:20:55 and a gift certificate to a local restaurant.
09:20:58 Well deserved.
09:20:58 Thank you.
09:21:01 [ Applause ]
09:21:04 >> Carla Armstrong from the Straz center for the
09:21:07 performing arts.
09:21:09 Officer Campbell, we appreciate everything that you do
09:21:11 so much for our community.
09:21:13 And we want you to enjoy yourself for an evening.
09:21:18 A great time.
09:21:22 [ Applause ]
09:21:26 >>STEVE MICHELINI: I'm not going to ask you anything.
09:21:28 One of the things that I wanted to make sure that you
09:21:32 know, when these folks show up on a job, their lives
09:21:35 are on the line just like the police officers.
09:21:37 And we really appreciate that.
09:21:39 Most people don't think about it.
09:21:40 But every day when they show up at the station, or show
09:21:44 up down at the police station for their assignments
09:21:47 they go out in the field and put their lives on the
09:21:49 line for you and me.
09:21:50 We always appreciate that.
09:21:51 Sometimes we don't say that often enough and I want you
09:21:54 to know that we appreciate what you do.
09:21:57 Another thing that you all do that people don't
09:21:58 recognize is a community service.
09:22:00 The things you do after hours.
09:22:02 The things that you do for other organizations in
09:22:04 support of the police and for the firefighters.
09:22:07 And those things are greatly appreciated as well.
09:22:09 The kids are always excited to see the fire trucks and
09:22:12 the rescue trucks and getting an understanding of what
09:22:15 it means to protect our lives and protect us and the
09:22:19 So because of all of that, these different folks
09:22:22 decided they want to honor you, and you will get a
09:22:25 photographic package for you and your family from Bryn
09:22:28 Allen, and dinner for you and whoever you wish at
09:22:34 Bern's steakhouse.
09:22:37 Let me tell you something about the chief.
09:22:40 [ Laughter ]
09:22:41 I let him hold this for a minute, you know, and I saw
09:22:45 him looking at it, and saying, should I give this to
09:22:48 The letter is here.
09:22:50 But the certificate, I was wondering if it was still
09:22:52 going to be here when he got up here but it was.
09:22:55 The chief is a great guy and he supports and
09:22:57 appreciates all the folks that serve under him so
09:23:00 thanks very much for what you do and thank you for
09:23:02 protecting us every day.
09:23:03 [ Applause ]
09:23:09 >> Thank you very much.
09:23:12 The fire department has never been just a job to me.
09:23:15 It's always been like family.
09:23:17 And although there are others, I'm sure, that are more
09:23:21 deserving of this recognition, I promise you there is
09:23:24 no one that is more humble or more honored than I am
09:23:28 Thank you so much.
09:23:31 [ Applause ]
09:23:46 >>CHARLIE MIRANDA: Councilman Capin said I will be
09:23:51 absent from the workshop.
09:23:54 And Mary Mulhern said I regret I will be unable to
09:23:57 attend on April 28th.
09:23:59 I need a motion to receive and file.
09:24:01 So moved by Mr. Reddick, seconded by Mr. Suarez.
09:24:06 All in favor say Aye.
09:24:10 Approved unanimously.
09:24:12 Next we have a presentation to the water department by
09:24:29 Mike Suarez.
09:24:30 >> We have a commendation here for City of Tampa water
09:24:33 department for drinking water week.
09:24:35 And I am going to read the commendation.
09:24:39 City Council of Tampa designates drinking water week
09:24:45 and also encourages all citizens to join in the efforts
09:24:48 of protecting our source waters from pollution,
09:24:51 practice water conservation, and to get involved in
09:24:53 local water issues.
09:24:55 The City Council congratulates and gives its heartfelt
09:24:58 thanks to all the dedicated men and women of our water
09:25:00 department who work tirelessly to ensure that over
09:25:03 600,000 citizens are provided the finest water in the
09:25:05 country each and every day.
09:25:07 It is with pleasure that we provide this commendation
09:25:10 to the City of Tampa water department.
09:25:11 >> Thank you very much.
09:25:18 I would like to take this opportunity to recognize the
09:25:21 very hardworking men and women that work behind the
09:25:26 scenes 24 hours a day, 365 days a year, to produce and
09:25:33 deliver safe, clean, high-quality drinking water to the
09:25:40 citizens of the City of Tampa and unincorporated
09:25:43 Hillsborough County.
09:25:45 There is nothing more core and essential than
09:25:49 delivering drinking water.
09:25:53 I would like to take the opportunity to brag for a
09:25:56 second or two.
09:25:58 We are still the only treatment plant in the State of
09:26:01 Florida to be awarded the prestigious ten-year
09:26:06 director's award from the partnership for safe water,
09:26:11 in recognition for superior drinking water quality.
09:26:15 So we are still to date the only treatment plant that
09:26:20 ha has received that award.
09:26:21 That's considered a very prestigious award in our
09:26:26 And I would like to add that for drinking water week,
09:26:30 the Tampa water department offers water efficiency
09:26:34 tools and information including three toilet leak
09:26:38 detection tablets, low-flow plumbing fixtures and rain
09:26:44 Please visit us on line at tampagov.net slash water or
09:26:54 Thank you very much.
09:26:57 [ Applause ]
09:27:04 >> Let me just say, Mr. Baird and Mr. Suarez, we have
09:27:09 taken water for granted for many years.
09:27:11 Ten years ago I said water is going to be just like
09:27:15 And I'm not issuing no warning shots over the Bowe but
09:27:19 I will tell you one thing F.this city doesn't do
09:27:22 something in the next ten years, I won't be around
09:27:24 possibly, but I can guarantee, you are going to run out
09:27:27 of water after ten years.
09:27:29 So if we don't make some headway and change and
09:27:32 innovate, you see, at this time same water we have had
09:27:36 here for millions of years, but the population keeps
09:27:40 And when that happens, you are going to run out of
09:27:43 And unless this city does something bold, it will run
09:27:47 out of water after ten years.
09:27:49 So I think Mr. Baird is well aware of this.
09:27:52 I think we have a great water department.
09:27:54 And if we don't do something, you think the cost of
09:27:58 water is high now?
09:27:59 It's very inexpensive to what it's going to be.
09:28:02 That's all I am going to say now.
09:28:04 Thanks very much, Mr. Baird.
09:28:05 All right.
09:28:07 We have certainly public comments, up to 30 minutes,
09:28:13 three minutes a person.
09:28:14 At the end of a workshop.
09:28:15 So I'm going to ask the city who is going to discuss
09:28:20 item number 5 to come forward, and we'll discuss the
09:28:25 noise ordinance and then open it up for comments from
09:28:27 the floor.
09:28:27 >>CHARLES FLETCHER: City attorney.
09:28:36 What we have prepared, you got a memo earlier this week
09:28:41 kind of outlining the history of where we are.
09:28:44 As many of you probably know, we have about five, maybe
09:28:47 six years ago New York City now, reacted to a number of
09:28:51 court cases that requires very specific measurement and
09:28:56 precise reading of noise levels in order to have noise
09:29:01 And we developed a process through which, from a
09:29:06 property line, there would be a noise meter that would
09:29:10 measure specific decibel limits, both within the
09:29:13 downtown Channelside and Ybor area, and then the
09:29:16 different standard than the rest of the city.
09:29:19 That process worked very well for noise sources that
09:29:23 are commercial or industrial in nature.
09:29:25 They are from a particular operation.
09:29:28 They are sustained.
09:29:30 They are measurable over time.
09:29:32 And we have had very good experience with how that has
09:29:37 We are not proposing to change any of that process
09:29:40 that's in place now for commercial and industrial
09:29:44 operations in particular.
09:29:46 But what we have experienced is difficulty in enforcing
09:29:50 our noise standards for those noise sources that don't
09:29:53 lend themselves to that kind of a measure of process.
09:29:58 Either they are moving because it's a mobile source, or
09:30:00 there's not a clearly identified property line to
09:30:03 measure from.
09:30:04 The most common example is where you have got someone
09:30:11 with a mobile sound system or a bullhorn that may be in
09:30:16 a public space, maybe on a right-of-way, maybe be on a
09:30:19 roadway, and they are interfering with activities in
09:30:24 buildings and parks and various different other
09:30:29 operations, maybe going on on private or public
09:30:33 What we have been working on is finding a system,
09:30:39 regulatory system that will work, to measure and
09:30:42 enforce on those sources without disturbing the system
09:30:46 we have in place that I described.
09:30:48 But that's consistent with the case law to the Second
09:30:51 District Court of Appeals, which is very narrow and is
09:30:54 very protective of people's first amendment rights to
09:30:57 free speech and to make noise.
09:31:04 I'll turn it over to Rebecca Kert who will walk you
09:31:09 through a proposal from Miami-Dade that has been upheld
09:31:13 that allows for basically a balancing of the right of
09:31:18 the individual who is making the noise against the
09:31:22 rights of the unwilling listener, and would not be
09:31:26 measured by a decibel meter but would be a presumption
09:31:31 or proxy for that based on an audible noise from a
09:31:35 certain distance.
09:31:36 We will need to determine what that certain distance is
09:31:39 in order to come up with an approximation for our noise
09:31:44 But Rebecca will walk you through that concept and
09:31:48 explain to you where we are in relation to a couple of
09:31:50 pending court cases that the city is party to but is
09:31:54 relevant to this issue.
09:31:55 >>REBECCA KERT: Legal department.
09:32:01 As Mr. Fletcher said, this area regulating noise is a
09:32:06 very difficult issue.
09:32:08 For those who weren't on council when you last made
09:32:11 your changes five or six years ago that was a three
09:32:15 year process which involved hiring outside experts from
09:32:18 the University of Florida, a number of meetings with
09:32:21 the community to come up with the regulations that you
09:32:22 have now.
09:32:23 I can tell that you with the regulations you have now,
09:32:25 you have been able to successfully prosecute businesses
09:32:29 that have been violating the noise ordinance.
09:32:32 One of the problems that you had with your previous
09:32:34 standards which did not have a decibel level, they were
09:32:37 more subjective, is that even if they met all the
09:32:42 Constitutional tests that you had to meet you also had
09:32:45 difficulty of prosecuting the case because you were not
09:32:48 able to go in with the set standard.
09:32:50 So part of what we are trying to come up with is
09:32:53 dealing with some conflicting case law to make sure
09:32:55 that your ordinance is Constitutional as well as a
09:32:58 practical level if we go into court you can convince a
09:33:01 judge and a jury that factually this person has
09:33:04 violated the regulations.
09:33:06 As Mr. Fletcher said, when you have someone with some
09:33:09 hand-held sound amplification that's in the
09:33:14 right-of-way, one of the issues we have right now is
09:33:16 that the decibel level, you either measure from the
09:33:18 property line as the noise source, or depending upon
09:33:24 what place you are in the city.
09:33:28 From the right-of-way, I think we are justified in
09:33:30 looking for a different strategy.
09:33:32 After reviewing a lot of case law in the state, which
09:33:34 to be perfectly frank right now we have some conflicts
09:33:38 between the district Court of Appeal, and also looking
09:33:40 at the federal case law that from our circuit court of
09:33:44 appeal, we have found a couple of things that we do
09:33:47 believe will be legally defensible as well as
09:33:50 practically effective.
09:33:53 First of all, the United States Supreme Court has
09:33:56 upheld a standard for a noise ordinance where noise
09:34:01 that's unseasonably loud and raucous.
09:34:04 They have said that is not overbroad and not
09:34:06 unconstitutionally vague.
09:34:08 However, from a practical matter that could be
09:34:11 difficult to prove in court.
09:34:12 We looked around the state, a number of different
09:34:15 approaches that were out there, and one that has been
09:34:17 upheld in the federal court system is an approach from
09:34:19 Miami-Dade which balances a couple of the different
09:34:21 approaches down there.
09:34:22 It starts with prohibiting noise that is unreasonably
09:34:26 loud and raucous but it also contains a presumption
09:34:29 that that noise is unreasonably loud and raucous if
09:34:32 that noise is audible from a distance.
09:34:36 In that case it was 100 feet.
09:34:38 We do believe that that is a practical and legally
09:34:41 However, the concept of the plainly audible at a
09:34:46 certain number of feet is currently being challenged at
09:34:49 the Second DCA.
09:34:52 We felt when we started this process, reviewing this,
09:34:55 that we were on very firm ground.
09:34:57 We still believe we are on firm ground.
09:34:59 But because we are now awaiting an opinion from the
09:35:01 Second District court of appeals, that could very
09:35:04 directly affect this.
09:35:05 At this point we would just ask that you allow us to
09:35:09 continue to monitor that case and get back to you.
09:35:11 Just so now the status of that case, it was appealed to
09:35:14 the 2nd district Court of Appeal last march, it's
09:35:18 been fully briefed, they had oral argument on that case
09:35:21 in January.
09:35:22 At this point we are just waiting an order from the
09:35:25 2nd district court of appeals.
09:35:27 I'm available for any questions.
09:35:28 >>CHARLIE MIRANDA: Thank you very much.
09:35:30 Can you in a minute or so tell us how we got to the
09:35:34 DCA, and why, for the rest of us, I think you and I had
09:35:39 a little conversation yesterday about an individual in
09:35:41 a car or something.
09:35:42 >>REBECCA KERT: The case on appeal in the 2nd
09:35:45 district Court of Appeal that case is actually
09:35:48 challenging the state statute that deals with stereo
09:35:52 noise emanating from motor vehicles, and that has been
09:35:55 upheld in certain districts.
09:36:00 Right now that very issue is up?
09:36:02 Front of the 2nd district Court of Appeals that use
09:36:06 it is plainly audible standards.
09:36:08 Some of the issues we are directly facing within the
09:36:10 city but has come up over the past year or so, we had a
09:36:13 number of complaints from businesses as well as patrons
09:36:16 of the businesses.
09:36:17 For example, on the places where you have sidewalk
09:36:19 cafes, where you have balconies, that people are having
09:36:23 noise on the public right-of-way but doesn't allow them
09:36:25 to enjoy their meals.
09:36:27 Certainly, you know, the approach we are taking to
09:36:31 enforce is disorderly conduct case that the state
09:36:37 charges, you have to have two witnesses that are
09:36:39 prepared to come forward.
09:36:40 So what we are looking for right now is some
09:36:43 flexibility, some options for Tampa Police Department
09:36:47 to use in enforcing the noise regulation.
09:36:49 >>CHARLIE MIRANDA: Any questions by council members?
09:36:53 Mr. Suarez?
09:36:54 >> There are two standards that you mentioned.
09:36:59 One was plainly audible.
09:37:00 Then you said there's another case about 100 feet.
09:37:03 Part of the issue that we have been having -- and I
09:37:06 know you are aware of this -- is that the distance
09:37:08 between homes is so close that it is plainly audible
09:37:13 from just being inside the house.
09:37:17 Is the plainly audible doctrine or procedure process
09:37:20 going to be something that we can actually put in place
09:37:24 so that our police officer that's called on the scene
09:37:28 can say, listen, I can hear it from the street or when
09:37:31 I come up to the door of that home and say this is
09:37:38 something we cannot have, you have to lower that
09:37:41 Do you understand what I am saying?
09:37:42 Two competing aspects.
09:37:46 And I know they are in two different DCAs, correct?
09:37:50 >> Yes.
09:37:51 >> Okay.
09:37:51 Which one is going to be controlling?
09:37:57 Can we do it in terms of all aspects as opposed to just
09:38:00 right-of-way versus plainly audible?
09:38:04 >>REBECCA KERT: Well, at the current time the issue
09:38:06 that we have been looking at is from the right-of-way,
09:38:10 because we do believe that the decibel levels that you
09:38:13 have, the subjective standard, is the most legally
09:38:19 defensible as well as practically the most effective.
09:38:22 And when you are looking at some of the residential
09:38:24 areas and trying to do the 100 feet or plainly audible
09:38:29 standards, something similar to what we are doing to
09:38:32 the right-of-way, we haven't proposed that yet, and
09:38:34 frankly, I wouldn't want to go much further down that
09:38:37 line until we see what comes out of the 2nd
09:38:40 district court of appeals and how they expand to that
09:38:42 >> Okay.
09:38:44 When are those decision coming down?
09:38:46 >> It could come out any day.
09:38:49 The last thing that happened was oral argument.
09:38:52 It's been fully briefed.
09:38:53 And so I'm checking on a daily or weekly basis to see
09:38:57 when the opinion comes out.
09:38:58 >> One last question.
09:38:59 Do you foresee when we do put this in place, let's say
09:39:03 we do put an ordinance that's going to be legally
09:39:05 defensible, that it would be code enforcement or police
09:39:09 that would primarily enforce that?
09:39:12 What is your standpoint on that?
09:39:14 >>REBECCA KERT: Tampa Police Department currently
09:39:16 enforces it and we would believe that Tampa Police
09:39:18 Department would be the most effective agency to
09:39:22 continue to enforce it.
09:39:22 >> Thank you.
09:39:24 >>MIKE SUAREZ:
09:39:35 >>VINCE PARDO: Speaking for my office and for members
09:39:41 from the Ybor community, when we get to public comment.
09:39:43 The main issue that we have been dealing with in Ybor,
09:39:46 in effect, this body has the correspondence from the
09:39:50 Ybor Development Corporation, the official community
09:39:52 advisory committee on record for this past year, and we
09:39:56 dealt with legal staff and with other departments.
09:40:00 The main thing that we are experiencing in Ybor City is
09:40:02 in fact amplified noise.
09:40:05 And we know that we have dealt with that, and right now
09:40:09 this is the best way to go on this.
09:40:11 But I think as we talk about, from home to home, and I
09:40:15 get the Monday morning reports from TPD every Monday,
09:40:19 after the task force.
09:40:20 We are measuring noise.
09:40:22 The club, open air environments are in compliance now.
09:40:26 Our current ordinance is working.
09:40:27 I haven't had a resident complain on noise in probably
09:40:31 over a year.
09:40:32 Once in a while, you get something out of the ordinary
09:40:35 but generally very well compared to what we experienced
09:40:38 over the last few years.
09:40:40 Our big issue right now is bullhorns on the sidewalk,
09:40:44 right in front of people that are sitting at an outdoor
09:40:48 cafe, the balcony, waiters say I don't want to sit down
09:40:53 and enjoy a glass of wine or meal in this environment
09:40:56 and leaving Ybor City.
09:40:58 I think a lot of things happen in Ybor, the general
09:41:01 district and downtown kind of grow into more of an
09:41:03 environment of a cafe society, you will see more in
09:41:08 downtown than Channel District.
09:41:10 Right now it's pretty well centered but noise is for
09:41:16 our purposes, talking about this, and I think from the
09:41:19 correspondence you have had from the YCDC board, and I
09:41:22 think some of the merchants you will hear a little
09:41:25 Thank you.
09:41:25 >>CHARLIE MIRANDA: Thank you very much.
09:41:27 Any other city staff?
09:41:28 We go to the public sector on item number 5.
09:41:31 We have three minutes in a 30-minute time frame.
09:41:35 >> I'm Ed Tillou.
09:41:45 I come from north Tampa, sulfur spring, and I'm trying
09:41:49 to speak on item 5 even though that isn't what I came
09:41:53 to speak on.
09:41:53 Hopefully I can have a little time to speak about what
09:41:56 I wanted to speak about, the last minute I didn't get a
09:41:59 chance to in the three minutes.
09:42:01 I think here, what's been brought up is largely
09:42:06 enforceable problems.
09:42:07 Like I think you have cultural issues here.
09:42:10 Bullhorns in Ybor City, mobile sound systems, mobile
09:42:14 sound systems is something that originated with America
09:42:19 without noise, based in Wisconsin.
09:42:21 They sent somebody here and the guy, I don't know where
09:42:24 he was.
09:42:24 I think that's pretty much been brought under control.
09:42:28 However, a bigger problem it was.
09:42:31 But there's a much more serious noise pollution
09:42:33 And my perspective on this is as an environmental
09:42:38 engineer I have come to believe that noise pollution is
09:42:40 the number one environmental issue, a very serious
09:42:44 quality of life issue.
09:42:45 And the problem is one that's mobile.
09:42:48 Not mobile sound systems, again largely a cultural
09:42:52 It's people disconnecting their mufflers because the
09:42:56 price of gasoline has gone up.
09:42:58 And, I mean, you find trucks doing this, trucking
09:43:02 companies doing this, and one of the things is that you
09:43:05 have got this thing about a tuned exhaust system, and
09:43:11 there's some sharp mechanics around town that get
09:43:14 students, maybe USF students, and they tell them, well,
09:43:18 I'm tuning your exhaust, and really all they are doing
09:43:20 is disconnecting the muffler.
09:43:22 I have had one tuned exhaust system out of like 100
09:43:27 attempts, and if this law starts being enforced on
09:43:30 mufflers, then what you are going to have is maybe not
09:43:33 20 or $30 off the fine to tell who these mechanics are
09:43:39 that are disconnecting the mufflers, because that
09:43:42 really doesn't save gas.
09:43:44 And what you need is public education.
09:43:46 You are not really saving gas by disconnecting your
09:43:49 Another serious noise pollution problem is cell phones.
09:43:53 People talk loud on cell phones right on top of someone
09:43:57 For instance, Hart had a little announcement, please
09:44:00 don't talk loud when you are on a cell phone, and that
09:44:04 It really worked.
09:44:05 But then they yanked it.
09:44:06 The same thing applies to these cars without mufflers.
09:44:10 Let the people know they are not really saving gas.
09:44:13 They are burning their valves, so on and so forth.
09:44:17 Maybe I have a little time to talk about red light
09:44:19 cameras, because the tattooed fellow last week reminded
09:44:24 >> (off microphone).
09:44:31 >> Okay, those fine.
09:44:32 But I tend to try to address that.
09:44:41 But what about three minutes?
09:44:42 >> After the meeting I will let you speak.
09:44:44 If you are speaking about noise, and you are wasting
09:44:49 your time now.
09:44:50 >> As I say, those are the fundamental things to raise
09:44:54 about noise, is vehicular, not sound systems in the
09:44:57 vehicles but the must have letters are the main thing.
09:45:00 The places you will find that a lot is along Florida,
09:45:04 around waters, and around skipper, but of course that's
09:45:12 in the county, and then Fletcher, but that's --
09:45:19 >>CHARLIE MIRANDA: Thanks very much.
09:45:20 Next, please.
09:45:21 >> My name is Betty bailer and my address is 3003
09:45:34 source street.
09:45:34 I live in district 5, Mr. Reddick's district.
09:45:37 I'm here this morning to talk about what several
09:45:42 communities or neighborhoods are experiencing.
09:45:44 They are Rainbow Heights, east on Heights, Oak Park,
09:45:50 Highland pines.
09:45:51 It seems that we all have the same problems.
09:45:53 We have the cars who come through, they play the music
09:45:57 so loud, and most of them do not live in our
09:46:01 And it just shakes the windows and the doors of our
09:46:06 We also now have block parties that are coming into our
09:46:11 And I'll tell you right now, I have a list from March
09:46:15 3rd up until today of almost 20 calls that I have
09:46:19 made to the police department concerning loud music.
09:46:25 Just loud music.
09:46:26 And these block parties are off the chain.
09:46:31 They come into the neighborhood.
09:46:32 They come from all over.
09:46:34 Pinellas County as well.
09:46:35 They invade a neighborhood.
09:46:37 And they just set up shop.
09:46:39 The noise, it's just an ongoing thing.
09:46:46 I had a problem with that on the 3rd of April that
09:46:48 I had to call about so many people and it was awful.
09:46:52 And I was sitting in the middle of this.
09:46:55 I know the police department can't solve all of our
09:46:59 problems but this is a quality of life for all of the
09:47:02 people who live in these communities, and we all have
09:47:05 the same concerns.
09:47:06 Thank you.
09:47:06 >>FRANK REDDICK: Before you leave, when you say block
09:47:23 parties, who organize these?
09:47:25 The resident in the community or these organizations
09:47:27 coming into the community?
09:47:28 >> They are organizations.
09:47:30 And I understand that this is put on the Internet.
09:47:33 And these people just come in.
09:47:35 And they are just there.
09:47:37 I mean, I had over 1,000 people in my neighborhood on
09:47:40 the 3rd of April.
09:47:43 They were everywhere.
09:47:44 They were triple parked in the mark.
09:47:46 They were on the sidewalk.
09:47:49 They parked at my community house.
09:47:52 I refused to let them park in front of my house.
09:47:55 And I was asked, lady, can I park here?
09:47:57 I'll give you $5.
09:47:59 Keep it moving.
09:48:00 I don't need it.
09:48:01 But this is awful.
09:48:02 And I hear now that they have set up shop at 23rd
09:48:05 Avenue and 49th street, and they do this weekly.
09:48:10 I have been getting calls from people who live in that
09:48:12 particular area.
09:48:13 >> If I may, Mr. Chairman.
09:48:17 Mrs -- Mr. Fletcher, do they have to have permits to
09:48:22 organize a block party?
09:48:24 >>CHARLES FLETCHER: City attorney.
09:48:26 It depends on how it's set up.
09:48:28 If they are basically blocking and closing a street,
09:48:31 which is what you usually think of when you hear the
09:48:34 term block party, yeah, they would need a permit to do
09:48:37 that from the right-of-way department for a street
09:48:41 If it's a more informal gathering, that would be a
09:48:49 tougher question.
09:48:50 But large events like this especially if they are
09:48:52 attracting over a thousand people in the neighborhood
09:48:54 it typically would require some type of permit from the
09:48:57 city remitting to putting on the event even if it was
09:48:59 on private property.
09:49:01 Exactly what permit that would be would be dependent on
09:49:04 the type of event, writs located and how it's
09:49:07 >> Mr. Fletcher, let's say I'm renting a home in her
09:49:21 And I say, I want to have a party.
09:49:24 Weave we advertise on the Internet and I'm charging
09:49:26 people to come in.
09:49:28 Or coming to the park that's near my house.
09:49:33 I mean, that's something that would have to be
09:49:35 regulated, wouldn't it?
09:49:37 >> Depending on how it's done, there are a few
09:49:40 instances I can see that and we would probably have to
09:49:43 look at the specific event and see which of those
09:49:45 ordinances would cover it.
09:49:49 Entirely private activities and private property may
09:49:53 not fall within a permit per se.
09:49:56 But if they are causing cars to stack up in the
09:50:02 right-of-way, blocking traffic, then it would require
09:50:03 right-of-way permit.
09:50:05 If there's alcohol involved, all the alcohol rules.
09:50:10 If it's a rave, we have separate rules on raves.
09:50:13 So depending on the nature of the event, it would
09:50:16 implicate a number of different ordinances that could
09:50:18 come in to play.
09:50:20 >> Thank you.
09:50:23 >>CHARLIE MIRANDA: Any other questions by council
09:50:25 Thank you very much.
09:50:29 Just for the record, the light is not working but the
09:50:32 time is. If you don't see the green, yellow and red on
09:50:37 this light right here, it is working.
09:50:40 It's just the bulb that is broke. We are going to
09:50:43 order another one.
09:50:44 >> I'm in Frank Reddick's district and I'm glad to see
09:50:48 my City Council members.
09:50:50 My name is Clay Daniels, 3708 east north bay.
09:50:55 I have 500 petitions of people that complained about
09:50:59 the noise problem.
09:50:59 The first time I complained about the problem Mayor
09:51:02 Buckhorn was a City Councilor.
09:51:04 I have been coming up here all this time trying to get
09:51:06 something done about the noise problem.
09:51:07 The noise is so bad, I hate to go home at night.
09:51:10 We sleep with ear plugs on.
09:51:12 You can ask each one of these crime watch programs in
09:51:15 East Tampa, they have a consistent problem with noise.
09:51:18 The houses is too close together for somebody, because
09:51:23 I can spit next door to my neighbor it's so close
09:51:27 When you call the Tampa Police Department, they say, we
09:51:29 don't know how to use the meter.
09:51:31 We don't have enough meters.
09:51:32 And they can come out and measure, and it says it's not
09:51:38 loud enough because the wind and the rain, that's why
09:51:42 some cities don't use that.
09:51:43 So, you know, half of the police don't even know how to
09:51:46 use it.
09:51:46 So we want to do a way with that.
09:51:48 We want when the officer come out and said the music is
09:51:54 too loud and the complainant says it's too loud, it's
09:51:57 too loud.
09:51:58 Now, maybe many of you all are sleeping at night.
09:52:00 But I'm not sleeping at night.
09:52:02 I have been complaining about this for ten years and
09:52:04 nothing has been done.
09:52:05 I think we have waited long enough to do something
09:52:07 about this problem.
09:52:08 We just wait and wait and wait.
09:52:12 It's time to do something this month, this date, right
09:52:14 We have been waiting too long for this problem.
09:52:17 And I just hope when I'm dead and gone that other
09:52:20 people like me won't have to suffer like this, because
09:52:22 we are taking a beating.
09:52:23 When you hate to go home, when you pay taxes, that is
09:52:27 I sleep with ear plugs.
09:52:29 I can't hear my TV.
09:52:30 You can't run the computer go out and tell the neighbor
09:52:33 turn the music off they get mad and cuss you out.
09:52:37 That's how bad it is.
09:52:38 And it's all over East Tampa.
09:52:39 We are taking a beating from this noise.
09:52:41 And I think you all don't want to live like this.
09:52:44 It's a miserable life.
09:52:45 So I'm asking you all today, I hope you all will
09:52:48 consider, I'm begging you all, asking you all to do
09:52:52 something about this problem.
09:52:53 We have waited long enough.
09:52:54 It's time to do something now.
09:52:55 >> (off microphone)
09:53:09 Green, yellow and red.
09:53:10 They are doing an excellent job.
09:53:11 Very quick.
09:53:12 >> I'm Evelyn Yates, a resident of Channelside, and I
09:53:17 met many of you before at Huey's when we had our
09:53:22 The Channelside owners want to share concerns, and we
09:53:25 are also in district 5, so my concerns what the
09:53:36 previous people here, I am echoing that.
09:53:40 I am the person who e-mailed to you videos that
09:53:43 hopefully you had the opportunity to look at.
09:53:45 But going on, I want to share concerns of the
09:53:48 occurrences of the last two weekends.
09:53:50 At 3 a.m. when the bar at 290 south Meridian drive
09:53:55 closed, crowds gathered at the sidewalks.
09:53:58 On the streets, across the street, on the lot.
09:54:05 The crowd defied all city laws.
09:54:07 They were park in the streets with the doors flung
09:54:10 They had their cars.
09:54:13 They were sitting on those cars, urinating in public,
09:54:17 driving over the curbs, in and out of that lot.
09:54:19 The crowd was totally disrespectful, they were rowdy,
09:54:24 bold and loud.
09:54:24 This noise includes the use of boxes, car radios,
09:54:31 screaming voices, to override the other noises.
09:54:34 City Council and City Council attorney office must
09:54:39 concede to the fact that school age children and
09:54:42 infants live at the two towers.
09:54:46 That's really important.
09:54:48 Many residents of the towers recently moved to Tampa,
09:54:53 and they are seeing what the city allowed.
09:54:56 When the -- back in 2005 the ordinance was not 85
09:55:05 This was changed as the street districts were
09:55:07 developing condos and residents.
09:55:09 Residents moved in without knowing of this change.
09:55:13 Why does the city permit 85 decibels only in the Ybor
09:55:18 City district and Channel District?
09:55:21 After all, think about the annual invasion and the
09:55:25 Gasparilla parade on Bayshore.
09:55:28 That is excessive noise.
09:55:30 So why not make the whole city 85 decibels?
09:55:38 Each district is not just a commercial district or
09:55:40 industrial district.
09:55:41 These three districts have residents right in the heart
09:55:45 of each.
09:55:46 Just like where many of you live, there is a
09:55:49 commercial, and right around the corner from your home.
09:55:55 The towers are clusters of homes built upward.
09:56:00 By the way, the sound ricochets upward.
09:56:04 A new experience for me because I never lived upwards
09:56:08 And so, therefore, the noise is ricocheting.
09:56:11 We come before you to ask the council to help us.
09:56:14 How can you do that?
09:56:16 As you consider the action that you will take, please
09:56:19 remember the two e-mails to you of the past two
09:56:25 Reduce the noise level to 70 or 75 decibels in the
09:56:30 Channel District.
09:56:31 Maintain a strong method of monitoring an enforceable
09:56:35 noise ordinance.
09:56:37 Require on-duty police to park and patrol east
09:56:43 Cumberland and Channelside Drive between 1:00 and 4:00.
09:56:50 Thank you.
09:56:51 >>CHARLIE MIRANDA: Thank you.
09:56:52 I believe the city legal department would like to
09:56:54 address something.
09:56:55 I see they are heads moving.
09:56:57 I am speaking in the direction of the two lawyers here.
09:56:59 I don't listen a lot but I study body language very
09:57:04 Any discussion of the 85 decibels?
09:57:09 I see things change when I speak a little bit.
09:57:11 >>CHARLES FLETCHER: We were just trying to review the
09:57:16 The noise standards were, in chapter 19, the code
09:57:19 enforcement standards.
09:57:20 So they were in place prior to when it was put into
09:57:24 this provision in chapter 14.
09:57:29 What we were discussing is apparently the point of
09:57:32 measurement change, not necessarily the standard,
09:57:35 although now we are discussing the way decibels are
09:57:39 Apparently there was a slight modification.
09:57:42 But this area was historically a more commercial
09:57:52 >>CHARLIE MIRANDA: Next, please.
09:57:55 >> Andrew F. Lugris.
09:58:14 I reside at the towers of Channelside.
09:58:19 I am here to represent my son who is the owner of unit
09:58:22 1004 in tower 1.
09:58:25 He is unable to be here so I am acting in his behalf
09:58:28 with power of attorney here to speak about the excess
09:58:31 noise that we have been exposed to during late night,
09:58:33 early-morning hours since moving to the towers in late
09:58:37 We can tolerate the normal city sounds that are
09:58:41 generated, for instance, horns, whistles, trains,
09:58:45 street traffic, sirens and aircraft.
09:58:48 What should not be acceptable for a residential complex
09:58:50 in this city is the noise from open bars and ground
09:58:53 level and rooftops which are allowed to remain open
09:58:56 until 3 a.m. with sound levels of 85 decibels and more.
09:59:01 Attached are copies of my e-mails to the association
09:59:04 manager complaining about noises we are currently
09:59:08 Many of these reports have been submitted to the Tampa
09:59:10 Police Department and the Tampa economic and urban
09:59:14 development department.
09:59:15 This will give you an insight what is happening in our
09:59:21 residential community because of the noise levels which
09:59:22 are currently allowed by Tampa code ordinance section
09:59:27 Because of this ordinance we are losing 30 or 40% of
09:59:31 our sleep each week.
09:59:33 From a health standpoint, medical studies have shown
09:59:35 that exposure to loud noise over an extended period of
09:59:38 time results in hearing loss as well as other problems
09:59:42 such as those associated with post-traumatic stress
09:59:46 disorder due to loss of sleep.
09:59:48 Serious consideration must be given now to lowering
09:59:52 current decibel ratings to levels which are presently
09:59:55 in place for residential areas, and to disallow open
09:59:58 bars and streets and roof tops.
10:00:02 The current system adversely affects the quality of
10:00:06 life of our residents.
10:00:11 There are reports and a few pictures showing what
10:00:13 occurs during late night and early morning hours three
10:00:16 to four times a week keeping many of us awake.
10:00:19 I would like to show you just a few pictures of this
10:00:22 past weekend.
10:00:26 This is a parking lot this is a parking lot.
10:00:47 This is a hotdog stand.
10:00:50 And the person barking out, "hotdogs here."
10:00:56 This goes on periodically.
10:00:59 The line of people that comes in here is amazing.
10:01:02 The parking lot is full most of the time.
10:01:06 In the evenings.
10:01:07 This is what that looks like.
10:01:10 And you have to realize, this is across from what I
10:01:12 call a MEGA bar, a 500 patron capacity, 230 patrons are
10:01:22 outdoors, totally not enclosed, partially enclosed but
10:01:25 not all enclosed, so the decibel levels get up there
10:01:29 very high.
10:01:31 I'm on the 10th floor.
10:01:32 And we get readings from the parking lot.
10:01:46 I got an 80. Unfortunately I was unable to take a
10:01:52 picture of it.
10:01:53 >>CHARLIE MIRANDA: (off microphone)
10:02:03 I think all vendors, you have different types of
10:02:06 vendors, you have a yearly permit, some vendors who
10:02:09 have a permit from the property owner, some that don't,
10:02:12 some that are regulated.
10:02:13 Maybe we could speak to that issue.
10:02:16 I'm talking to the legal department.
10:02:17 >> yes, there would be a permit required through the
10:02:27 property owner.
10:02:28 Off the top of my head, I don't know what the hours
10:02:31 As you said, I will have to look at that for you.
10:02:38 >>CHARLIE MIRANDA: I think that's a first line of
10:02:40 If they are barking out hotdogs or whatever the vendor
10:02:44 is selling, and I think everyone speaking to this, I
10:02:48 think sleep deprivation is one of the causes of not
10:02:51 being able to function on a daily basis and I can
10:02:54 clearly understand that.
10:02:55 So I think we can do something about that, possibly
10:02:59 even cite the property owner.
10:03:01 >>CHARLES FLETCHER: And the experience with folks
10:03:06 exiting bars is very similar to what we have in Ybor,
10:03:09 some other places in the city.
10:03:11 It may just be that the police department needs to
10:03:15 assign resources to address that issue.
10:03:20 >>CHARLIE MIRANDA: And I apologize.
10:03:22 I wanted to give everyone the opportunity to speak so
10:03:24 no one is left out.
10:03:25 Next, please.
10:03:26 >> Samuel L. Moon, Sr.
10:03:35 I'm the president of the East Heights Neighborhood
10:03:38 Association crime watch, also second vice chair to East
10:03:43 I stay in the area from 50th street east to 40th
10:03:48 Street west, from Arlington north.
10:03:56 These are the areas that I am complaining about at the
10:04:06 We cannot watch our TV, we cannot talk on the phone
10:04:10 without hearing all the loud noise.
10:04:15 We are talking constantly to the law enforcement
10:04:18 officers about this situation and it's continually
10:04:20 going on every day.
10:04:22 All the time.
10:04:24 And we have senior citizens that live in the area.
10:04:27 Now, some are afraid to complain about the situation,
10:04:32 because of being threatened.
10:04:34 We also have drugs in the area that correspond with
10:04:39 this activity.
10:04:40 So I am praying and asking the City Council if they can
10:04:46 please look into the situation and try to help our
10:04:48 I appreciate it.
10:04:49 >>LISA MONTELIONE: Going back to the previous speaker,
10:05:02 the problems being -- in the north parking lot of the
10:05:07 St. Pete Times Forum, but associated with an
10:05:14 establishment not part of the forum's property.
10:05:17 >> That's correct.
10:05:21 >>LISA MONTELIONE: So the assemblage of people that
10:05:24 are in that parking lot are associated with the
10:05:28 Now, again getting back to what councilman Suarez was,
10:05:32 I believe, talking about, assembly permits, so it's the
10:05:36 nightclub was going to continue, or the patrons of the
10:05:40 nightclub were going to continue the party, so to
10:05:46 speak, at another location, they would also require a
10:05:49 permit for such, correct?
10:05:54 >>CHARLES FLETCHER: If it was a planned, scheduled,
10:05:57 organized event, yes.
10:05:58 But typically what happens in these cases is the
10:06:00 enforcement is on whoever is operating the parking lot.
10:06:04 And as the property owner, they are controlling that
10:06:07 The bar owner typically does not have control outside
10:06:11 of thinks his property boundaries, and these are
10:06:14 activities that occur outside the property.
10:06:16 Boundaries of the bar so the focus would be where the
10:06:19 gathering is at the parking lot.
10:06:22 In this instance, my recollection is that parking is a
10:06:26 legal activity there, so as the chairman indicated the
10:06:31 enforcement would be on the property of the parking lot
10:06:34 owner, and again this is similar to the kind of
10:06:37 activities or problems we have been having in Ybor, and
10:06:39 they have had an enforcement strategy there dealing
10:06:42 with these assembles in the park lots of people
10:06:47 vacating clubs when clubs close.
10:06:49 >> So perhaps to address that particular problem,
10:06:51 perhaps that parking lot could be shut down at a
10:06:56 particular hour?
10:07:03 >>CHARLES FLETCHER: Wove an ordinance on the books
10:07:04 related to operation of parking lots and he would can't
10:07:07 deviate from that for one particular parking lot.
10:07:10 We need to look at what the code is and what the
10:07:12 standards are being applied in that district.
10:07:15 >>LISA MONTELIONE: I'm looking to help alleviate the
10:07:18 issues felt by the residents there.
10:07:19 And maybe it's not through the noise ordinance that we
10:07:22 would address that, it's through the parking ordinance
10:07:25 >> Yes, that's actually collect correct.
10:07:28 I believe that's the approach we would take.
10:07:31 >> And when it closes down and goes on to 3 to 5
10:07:38 o'clock a.m.
10:07:38 >>CHARLIE MIRANDA: Let me just say this.
10:07:42 As I'm sitting here listening, how did this happen?
10:07:48 What created this?
10:07:49 Very simple.
10:07:49 City rezoning clubs right in residential areas.
10:07:54 So I'm not blaming anyone but ourselves.
10:07:57 And this is what happens.
10:07:58 So when these things come up, that's why I set a
10:08:03 standard of my own, at a certain time it stops.
10:08:05 If you control the alcohol you control the parking.
10:08:08 But if you don't, this is a result of it.
10:08:10 And I am not against alcohol.
10:08:12 I'm against what it does after a certain period of
10:08:15 But, anyway, next, please.
10:08:17 >> Good morning, City Council.
10:08:25 And women.
10:08:30 We are having a problem.
10:08:34 I'm with the neighborhood crime watch where Ms. Betty
10:08:39 Dale is the president and we are having a problem with
10:08:41 the music, and the block parties, we are having a
10:08:43 problem with that.
10:08:44 Now, I have got the chief of police that lives with me.
10:08:49 I'm the detective.
10:08:51 I have to go outside and see what's going on.
10:08:54 Every Sunday, she goes to watch and -- wash and dry
10:09:01 I'm the one that has to listen to all that everything
10:09:05 when she come home, all the cars parked everywhere.
10:09:08 And it's ridiculous.
10:09:10 Used to have it at Riverfront Park.
10:09:13 You moved it from there.
10:09:17 Used to have it at MacFarlane park.
10:09:20 You moved it from there.
10:09:21 I used watch the kid in the park but it's a gang
10:09:30 activity, it's all drugs out there, not just kids going
10:09:33 out and having a good time.
10:09:34 Now they bring them in, little kids in the stroller and
10:09:38 going to the block party.
10:09:40 It's ridiculous. That's all I got to say.
10:09:44 >> I need your name and address.
10:09:45 >> My name is Ronald Anderson,
10:09:53 >>CHARLIE MIRANDA: Next, please.
10:09:56 >> Good morning.
10:10:01 Welcome to our new members and welcome back to the old
10:10:05 My name is Walter Crumbley, 503 south westland Avenue
10:10:10 in Tampa.
10:10:11 I'm the president of Courier City Oscawana homeowners
10:10:21 I'm sure most of you live in a nice neighborhood but
10:10:24 you have blessed us in the city with a number of,
10:10:27 quote, restaurants that stay open till 3:00 in the
10:10:29 morning and create significant problems for us in terms
10:10:32 of noise.
10:10:37 We have got a mix of young singles and rental property,
10:10:41 and older homes and residential property of working
10:10:47 And it's very difficult to get up at 6:00 in the
10:10:52 morning when the noise has been beating on your head
10:10:55 till 10 or 11:00 or even later at night.
10:11:01 It's interesting in this city that construction noise
10:11:03 is regulated.
10:11:06 If you get out there with your nail gun and your hammer
10:11:10 after 7:00 in the evening, you can get cited.
10:11:14 But if you show up with your drum and tambourine and
10:11:20 horn and your loud drunken patrons, nothing happens.
10:11:24 So I'm suggesting that you need to bring all this
10:11:28 together and have it consistent with people that live
10:11:32 in a neighborhood, at least during the week, from
10:11:35 Sunday to Thursday night to get some piece and quiet
10:11:45 after 9:00 at night.
10:11:46 We have tried to work with the City of Tampa police
10:11:49 department, with the noise meter, and invariably the
10:11:56 noise at my house is not quite loud enough.
10:12:02 When I lay down to go to sleep, and then I hear that
10:12:05 distant boom, boom, boom, of somebody's base drum until
10:12:10 11:00 or 12:00 at night during the week.
10:12:12 And I suggest that there's got to be some way that you
10:12:16 can regulate this or give us some peace and quiet.
10:12:20 Thank you.
10:12:20 >>CHARLIE MIRANDA: Thank you very much, sir.
10:12:23 Appreciate it very much.
10:12:24 Next, please.
10:12:25 >> Good morning, City Council members.
10:12:30 My name is Kim miner, and I am representing the East
10:12:34 Tampa weed and seed area which most of these
10:12:40 communities leaders or many of them have spoken on
10:12:45 I do want to say good morning to Mr. Reddick who is our
10:12:49 past chair and we lost him because of his City Council
10:12:52 So good morning, Mr. Reddick.
10:12:54 We miss you.
10:12:55 >>FRANK REDDICK: Good morning.
10:12:57 Thank you.
10:12:57 >> Just want to reiterate the fact that in the year and
10:13:01 a half that I have been the weed and seed coordinator,
10:13:04 this has been a predominant issue of loud music.
10:13:09 The same communities, rainbow Heights, Grant Park,
10:13:18 hills, and Highland pines area are within the weed and
10:13:22 seed boundary areas.
10:13:23 Many meetings have been assembled to leaders trying to
10:13:27 come up with a resolution in the community to address
10:13:30 this issue.
10:13:31 So it has been a predominant issue.
10:13:34 And, you know, we just look to this council really
10:13:39 pushing to make some changes for this community.
10:13:42 Thank you.
10:13:43 >>CHARLIE MIRANDA: Thank you very much.
10:13:46 And your loss of Mr. Reddick for some has been the gain
10:13:50 for many.
10:13:51 Thank you very much.
10:13:52 Let me say this.
10:13:54 If I may.
10:13:58 All of us are your council members, not only the
10:14:02 district in which you live in.
10:14:03 What we sometimes forget that in districts 4, 5, 6 and
10:14:08 7 which are the four districts of the city that have
10:14:10 the composition of the whole city, you also have three
10:14:12 council members that feel a little slighted because you
10:14:16 don't express your feeling to them so I am going to
10:14:18 tell you who they are.
10:14:20 You have in district 1 the honorable Mike Suarez.
10:14:25 Not that he needs any introduction.
10:14:27 In district number 2 you have Mary Mulhern.
10:14:30 And in district number 3 you have got Yvonne Yolie
10:14:35 They would like to hear from you as much as you call
10:14:37 the district council members in 4, 5, 6 and 7 so they
10:14:41 don't feel slighted.
10:14:42 Next, please.
10:14:43 >> Jason Fernandez, restaurant owner operator in Ybor
10:14:53 City here to express my opinion in regards to the bull
10:14:56 horns and the speaking on public right-of-ways in Ybor
10:15:02 I have experienced guests getting up from tables in the
10:15:06 midst of dinner trying to get tables in the interior of
10:15:08 the restaurant or basically asking for checks and
10:15:12 leaving the Ybor City area making it uncomfortable to
10:15:17 return for additional visits, and diversely affecting
10:15:20 my business and I'm asking for help and consideration.
10:15:24 Thank you.
10:15:26 >>CHARLIE MIRANDA: Thank you very much, Mr. Fernandez.
10:15:27 Next, please.
10:15:28 >> Good morning.
10:15:32 My name is Bill Pate, the leasing agent for Centro
10:15:37 Ybor, my address is 160 Columbia drive.
10:15:41 One of the things that I wanted to really stress is in
10:15:44 our opinion, we have a lot of economic hardship caused
10:15:47 by these noise makers down on 7th Avenue.
10:15:54 We have got pretty much when we come into -- when we
10:15:57 bring our new tenants for restaurants and so forth,
10:16:00 several of them have patios and balconies, you know,
10:16:05 really wonderful, charming areas.
10:16:07 They should be.
10:16:08 But with the noise makers that come out, people get up
10:16:13 from their tables and they leave.
10:16:29 Anything that we can do to make this more enjoyable
10:16:31 would be helpful.
10:16:32 Thank you.
10:16:32 >> My name is Joe Figueroa.
10:16:36 I own three restaurants concepts in Ybor City, and I
10:16:42 have balcony outside dining, and I would like to
10:16:45 reiterate what Jason said about the bullhorn problem.
10:16:48 There are many indications when my employees cannot get
10:16:51 the customer's order correctly.
10:16:54 We have live music, and we have our own in-house
10:16:58 decibel meters so that we can maintain and be
10:17:01 responsible to the decibel level, and we calibrate them
10:17:05 with the police department.
10:17:06 So we try to act responsibly.
10:17:08 The bullhorn issue, they do not act responsibly,
10:17:12 unfortunately, because of the right-of-way and there's
10:17:14 in a way to measure.
10:17:16 I have lost customers.
10:17:17 It's been a negative impact to tourists in the Ybor
10:17:22 Ybor is a very, very nice entertainment district.
10:17:29 It is finally coming back to where it was many years
10:17:31 ago with the art history and the entertainment factor,
10:17:37 and I would just like to also express my concern about
10:17:39 the bullhorn issue.
10:17:41 Thank you.
10:17:41 >> Thank you very much.
10:17:42 >>MIKE SUAREZ: Sir, a quick question for you.
10:17:49 Where are the bull horns located in relation to your
10:17:53 Both of them or --
10:17:55 >> Located, two concepts in central Ybor which is what
10:18:01 bill Pate just mentioned and I also have one on the
10:18:04 corner of 16th and 7th Avenue.
10:18:06 >> Where are they typically located, the bull horns?
10:18:09 >> 16th and 7th Avenue.
10:18:11 >> They are right there at your place?
10:18:12 >> Yes.
10:18:13 We were the headquarters for Mayor Buckhorn's campaign.
10:18:25 He approached me.
10:18:27 We were too small for the runoff.
10:18:29 >>CHARLIE MIRANDA: I'm sorry, Ms. Montelione.
10:18:34 >>LISA MONTELIONE: I did receive an e-mail, actually, I
10:18:37 believe it was addressed to Mary, your legislative
10:18:44 aide, and wants to make sure that becomes part of the
10:18:48 >>: We are going to receive and file all the documents.
10:18:50 >>LISA MONTELIONE: And it also speaks about the bull
10:18:54 horns in Ybor from a resident.
10:18:56 I believe he's the neighborhood association president.
10:19:06 It's affecting residents of Ybor.
10:19:08 And I have a question for legal.
10:19:10 Would that fall under street solicitation?
10:19:23 Are they considered soliciting patrons of other
10:19:30 >>CHARLES FLETCHER: What we refer to as street
10:19:32 solicitation ordinance has been limited to interactions
10:19:34 between pedestrians and motor vehicles.
10:19:37 So someone soliciting someone else on foot would not be
10:19:41 covered by that ordinance.
10:19:42 That would probably be a panhandling ordinance or
10:19:45 something else of that nature.
10:19:48 But then separately we would need to regulate noise in
10:19:52 a separate action because of the first amendment
10:19:54 >> In terms of the first amendment, I think he would
10:20:08 all understand that.
10:20:08 They have a right to be out there talking about
10:20:10 whatever their issue S.and in an e-mail that councilman
10:20:14 Montelione was talking about concerns two issues.
10:20:19 One is the noise and one is the hate-filled message.
10:20:24 When can't do anything about a hate-filled message.
10:20:30 And I don't want to get into the specifics.
10:20:32 I know there's restrictions but I don't know what those
10:20:34 restrictions are.
10:20:35 But in terms of the noise itself, the level of noise,
10:20:41 what does the law say currently?
10:20:43 >> What we can't do is just ban amplified sound
10:20:47 We have load at that.
10:20:48 That's prohibited.
10:20:49 That was kind of our first blush, prohibiting amplified
10:20:53 sound in the rights-of-way and we can't do.
10:20:56 That what we also can't do is set a lower standard for
10:20:58 the folks that are engaged first of all in speech, then
10:21:03 the establishments enjoy.
10:21:05 So that's why we have come up with this proxy method
10:21:07 where there is a balancing test between the unwilling
10:21:14 listener and the speaker that approximates what the
10:21:17 standard is for that section of the city.
10:21:19 And I know we talked about it being plainly audible is
10:21:23 one thing.
10:21:24 Kind of a reasonable standard, I'm walking on the
10:21:27 street, I am going hear conversations from people as I
10:21:29 pass people.
10:21:30 My expectation is, yeah, I will hear conversation, but
10:21:33 if I am 25 feet away from somebody, I shouldn't have to
10:21:36 hear their conversation.
10:21:41 And to have a plainly audible element, it also has to
10:21:47 have a test of what's reasonable for the speaker and
10:21:50 what's reasonable for the unwilling listener --
10:21:52 listener, which may be slightly different than plainly
10:21:56 She says I'm right.
10:21:57 >> Well, you still are the city attorney so I would
10:22:01 expect that answer from her.
10:22:04 Okay, thank you.
10:22:04 >>CHARLIE MIRANDA: Thanks very much.
10:22:08 Next, please.
10:22:08 >> Good morning. I'm a resident of towers of
10:22:15 And I do sympathize with the speakers before me talking
10:22:19 about the bullhorns.
10:22:23 We have been annoyed by those when we have gone to Ybor
10:22:25 City for a dinner and so forth.
10:22:27 And I do find that we walk away from it and get away
10:22:30 from it.
10:22:31 Unfortunately, when you live in a residential community
10:22:33 especially a high-rise residential community, you can't
10:22:36 get away from it.
10:22:38 The sidewalks outside, the restaurants, and the vendors
10:22:45 who choose to make noise, you just can't get away from
10:22:51 2:00, 3:00, 4:00 in the morning they are out there,
10:22:53 they are yelling, they are screaming, they are honking
10:22:56 horns, and you call the police.
10:22:58 Sometimes that works, sometimes it doesn't.
10:23:00 The next Saturday, the next Friday, it's right back
10:23:03 there again.
10:23:04 And I bought my own decibel meter and it's especially
10:23:10 important in the high-rises because there's nothing to
10:23:12 restrict the sound.
10:23:13 It's a direct path into our bedroom from the street
10:23:16 level down below.
10:23:18 There's no cars blocking the sound.
10:23:19 There's no other building.
10:23:21 It's a direct path.
10:23:22 And I have recorded levels of 85 and 87 decibels off of
10:23:31 my meter right off my balcony.
10:23:33 The windows shake at night.
10:23:35 And it's just a problem that needs to be addressed
10:23:38 permanently and without impacting the nightclub owners
10:23:46 and so forth and so on.
10:23:47 They have a business to run.
10:23:48 We are sympathetic to that.
10:23:50 But, at the same time, we like to slope at night.
10:23:52 And that is often not a possibility for us.
10:23:56 Thank you for your time.
10:23:56 >>CHARLIE MIRANDA: Thank you very much.
10:23:58 >>MIKE COHEN: I just want to make a comment.
10:24:06 All of the speakers this morning have been from
10:24:11 Channelside and Ybor City in certain areas of East
10:24:16 This is definitely a city-wide problem.
10:24:20 My office has been inundated.
10:24:23 I think more than any other issue over the past three
10:24:25 weeks with noise complaints.
10:24:28 And those complaints are emanating from a variety of
10:24:32 different neighborhoods.
10:24:34 I have heard from people on Harbor Island, people in
10:24:36 Beach Park, people in Hyde Park.
10:24:38 So this is clearly a city-wide problem.
10:24:42 I don't think it's just confined to any specific area.
10:24:44 >>CHARLIE MIRANDA: Anyone else who has not spoken who
10:24:52 would care to speak on this subject matter?
10:24:54 I see no one.
10:24:55 Let me say this as I try to put this into different
10:24:58 I think you have the issues of bullhorn.
10:25:00 I think you have the issues of vendors being past the
10:25:08 allowable time, and if we were enforcing that all the
10:25:12 time that would go away.
10:25:14 I think you have the issue of amplified noise on a
10:25:17 drive-by automobile.
10:25:18 If we could catch them all at one time, that would go
10:25:21 But some of these things are much harder to do than
10:25:27 I think the issue of a vendor being on a private
10:25:29 property can't be restricted.
10:25:31 We passed a year or two ago a vendor -- am I correct,
10:25:35 Straighten me out anytime.
10:25:37 I made a mistake once and I was wrong.
10:25:39 But what I'm trying to say is, the vendor issue could
10:25:43 be addressed, although we allow vending in the city
10:25:47 under certain conditions because of the hard times,
10:25:49 that doesn't mean we cannot disallow vending at all
10:25:54 By changing the law.
10:25:55 Am I correct?
10:25:56 >> You are correct, Mr. Chairman.
10:25:58 You are also correct when you said there are a variety
10:26:01 of permits that have different hours but none of them
10:26:04 include times that would be late at night.
10:26:06 So that is definitely an issue.
10:26:07 >> I think possibly by extending our resources, even
10:26:11 though they are limited to changing the hours of some
10:26:14 of the individuals like code enforcement, that's up to
10:26:17 the mayor to do that.
10:26:18 But it could be where one or two individuals on a bye
10:26:25 weekly extended hours that we could catch those
10:26:29 individuals and make sure this doesn't happen.
10:26:31 Although this is a workshop and we aren't supposed to
10:26:34 make these recommendations, I won't until he would come
10:26:36 to a regular meeting where we can have this all worked
10:26:39 It's not that we don't hear you.
10:26:40 We do hear you.
10:26:41 We want to address your issues.
10:26:43 That's why I need four council members, even though we
10:26:45 are seven, and all seven of us have that
10:26:47 responsibility, not the one in your district solely.
10:26:51 We want to work with that.
10:26:52 I am not opposed to meeting with two or three of you
10:26:55 and setting some parameters an some time so we can work
10:26:59 these things out.
10:27:00 I would certainly like to do that.
10:27:01 Like I said earlier, I say sleep deprivation is, from
10:27:07 way read and way heard on television -- and I have to
10:27:10 believe everything I hear -- is that sleep deprivation
10:27:14 certainly takes away from the workforce, it takes away
10:27:17 from your productivity as a human being, and it makes
10:27:19 you just not the person you want to be.
10:27:21 So with that in mind, I need a motion to close the
10:27:28 >> Move to close.
10:27:33 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by
10:27:36 Mr. Cohen.
10:27:36 The Ayes have it unanimously.
10:27:38 If you want to meet, just go see Mary and I will be
10:27:41 more than happy to meet with two or three of you so you
10:27:44 can form a committee to work these things out.
10:27:46 I appreciate your time.
10:27:47 I know that it's sometimes difficult for all of you to
10:27:50 show up.
10:27:51 And we really appreciate that you have come up and
10:27:54 expressed your ideas and your concern over what's
10:27:57 Thank you very much.
10:28:01 We now go to item number 6.
10:28:03 >> Steven Griffin, Hillsborough County Planning
10:28:41 This morning, we have a brief presentation for you and
10:28:44 a little exercise to help sometime late some thought as
10:28:48 to where the city and the county want to go over the
10:28:50 next 20 years.
10:28:52 I want to introduce a couple of my team members.
10:28:56 They will be making some presentations to you.
10:28:58 First we have Mrs. Melissa Zornitta and Marcy Stenmark.
10:29:11 If I could have the PowerPoint up.
10:29:14 The other one.
10:29:27 This morning we want to brief you on the appraisal
10:29:32 report, to go over briefly the process.
10:29:34 We have a little fun exercise for you and want to let
10:29:36 you know, no decisions are going to be made, nothing is
10:29:39 binding, just want to get you familiar with the process
10:29:42 that is going to be happening with the City of Tampa,
10:29:45 the unincorporated county, both the city of Temple
10:29:47 Terrace and Plant City over the next couple of years.
10:29:53 It started with the evaluation appraisal report, just
10:29:56 to give you an idea.
10:29:58 It's a review of the progress of our local government
10:30:01 has achieved in implementing the community goals
10:30:04 through its comprehensive plan.
10:30:06 Sort of like a little summary audit, if you will, of
10:30:09 how we are doing with our community goals and
10:30:12 objectives and through the use of our comprehensive
10:30:17 The evaluation appraisal report is required by state
10:30:21 We have to do this every seven years.
10:30:24 The local planning agency, which is the Planning
10:30:26 Commission, is the agency that's prepared the
10:30:29 evaluation appraisal report.
10:30:34 Just to give you an understanding of the schedule that
10:30:36 we are work on over the next few years, Hillsborough
10:30:40 County evaluation appraisal report is the first due.
10:30:44 That's going to be due to the department of community
10:30:47 affairs by July 1st of 2012 followed by the City of
10:30:51 Tampa, city of Temple Terrace and Plant City the
10:30:55 following year.
10:31:03 The evaluation appraisal report has a purpose.
10:31:06 It needs to get a good understanding of the
10:31:10 comprehensive plan and how it fits with the community
10:31:13 needs today.
10:31:14 We are going to be looking at trends, data, conditions,
10:31:17 circumstances, the overall goal and vision of each
10:31:20 community and the county as a whole, and any changes in
10:31:24 growth management law that's taken place, and what we
10:31:27 need to do in our community to update our comprehensive
10:31:30 plan to meet the challenges of today's circumstances.
10:31:41 The next thing the appraisal report has to do, are we
10:31:44 really achieving our goals in the community that we put
10:31:48 in our comprehensive plan to implement those goals?
10:31:56 Just to give you an understanding of the overview of
10:32:07 the whole process, what we are in the process of doing
10:32:10 is identifying the major issues that face our community
10:32:12 over the next 20 years.
10:32:14 That is the process that we are in right now.
10:32:16 We have H we have been going around having the various
10:32:19 meetings with different agencies, different governments
10:32:22 and different elected officials to get a true
10:32:24 understanding of what the major issues facing our
10:32:26 community over the next 20 years.
10:32:29 From that, we will begin to prepare the evaluation
10:32:32 appraisal report.
10:32:34 We have to do this report based upon those major
10:32:37 issues, based upon the state statute changes, to get an
10:32:41 understanding of where our comprehensive plan is.
10:32:44 Once we get that report, then -- and it is adopted by
10:32:47 the various governments, Board of County Commissioners,
10:32:52 Tampa City Council, Plant City commission, Temple
10:32:54 Terrace, then we send that up to the Department of
10:32:56 Community Affairs for its review and comment.
10:33:00 Once that evaluation appraisal report is accepted and
10:33:07 found in compliance, the next step is to take those
10:33:09 evaluations from the appraisal report and the Do
10:33:12 year-based amendments.
10:33:13 Those amendments are to update your comprehensive plan
10:33:17 to make sure that the recommendations of the year are
10:33:21 followed through.
10:33:22 Once those amendments are done then it is the task to
10:33:27 implement those through the various organizations, in
10:33:30 your case would be your land development regulations,
10:33:33 and anything that you want to see happen in your
10:33:37 So that gives you a quick overview of the process.
10:33:48 Since the early part of the year we have been having
10:33:50 scoping meetings with various issues, meeting with
10:33:52 various county departments, the staffs of all the
10:33:55 cities, the City of Tampa, Temple Terrace and Plant
10:33:57 City, we have been meeting with elected officials such
10:34:00 as yourselves, we have met with the Board of County
10:34:01 Commissioners, just this past Monday, we met with the
10:34:06 Plant City City Commission, and we have also been
10:34:08 meeting with state and regional agencies.
10:34:11 Additionally, we have had scoping meetings with the
10:34:16 public, had meetings with various citizens, and people
10:34:18 from the development community get their understanding
10:34:20 of major issues.
10:34:21 Once we get all of that together, then we have to put
10:34:25 together a letter of understanding and have that up to
10:34:27 the department of community affairs by July 1st of
10:34:30 this year to let then them understand what the major
10:34:33 issues of our community faces over the next 20 years in
10:34:37 the preparation of updating the comprehensive plan.
10:34:40 So just to give you an idea of the upcoming steps that
10:34:43 are going to be happening in the next few months, we
10:34:47 are in the process right now of conducting these
10:34:50 scoping meetings to get an understanding of the major
10:34:53 Once we have that done, then we will be sending
10:34:57 Department of Community Affairs a letter addressing the
10:35:00 I shall issues of our community and we will be doing
10:35:02 that with you sometime a year from now.
10:35:06 Once that is done, then we go about the task of
10:35:09 actually preparing the evaluation appraisal report.
10:35:13 Once that report is done, we will be meeting with the
10:35:15 Planning Commission to get them to make a
10:35:18 recommendation, and when that appraisal report and take
10:35:22 the recommendation to the various elected bodies for
10:35:25 each jurisdiction as that time frame comes.
10:35:28 Once that is done, then we will send an unofficial
10:35:33 draft of the evaluation appraisal report to the
10:35:34 Department of Community Affairs for their review.
10:35:37 Then we will meet with the City Council, the board it
10:35:40 of county commissioners, and Tampa City Council, Temple
10:35:44 Terrace City Council when those dates are due, to
10:35:47 actually send up the official evaluation appraisal
10:35:49 report to the Department of Community Affairs for their
10:35:52 review and finding that in compliance.
10:35:56 Once that is done and they find in the compliance, we
10:35:58 have the task of actually updating the comprehensive
10:36:01 plan through the year with the process, and for the
10:36:05 City of Tampa that will be again sometime within the
10:36:08 next couple of years, probably by 2014 we will be going
10:36:11 through that process.
10:36:12 But we want to get everybody on the same page at this
10:36:14 point because this is where we are starting with the
10:36:16 unincorporated county, the cities will follow next
10:36:20 year, and everybody, we want to be on the same page as
10:36:23 our community moves far forward.
10:36:25 That gives you a brief understanding of what the
10:36:28 process that is beginning to happen in our community.
10:36:31 We have a little exercise when want you to take a part
10:36:35 of this, and Marcie is going to hand you some cards.
10:36:38 These cards have some issues that we think you need to
10:36:45 make a selection from.
10:36:50 Go through the cards, pick out six major issues that
10:36:53 you feel are going to be something that our community
10:36:56 needs to address over the next 20 years.
10:36:59 We do have a couple of blanks cards if you don't see
10:37:02 any issues written down that we have, you can write
10:37:05 those issues down yourself and turn them in to us.
10:37:09 All I ask you to do is not write on the cards that have
10:37:12 words on them already.
10:37:13 Just write on the blank cards if you don't find an
10:37:17 Once you get the cards picked out raise your hand and
10:37:19 we will have each of you go through and see which
10:37:23 issues you picked out and a brief explanation of what
10:37:25 those issues are.
10:37:26 So we will give you a few minutes to do that.
10:37:28 Then we will be back with you.
10:37:29 >>CHARLIE MIRANDA: (Off microphone)
10:37:34 We have someone that wants to speak.
10:37:38 Let's proceed.
10:37:39 >> No problem.
10:37:47 Melissa will give you a previous update.
10:37:51 >> I'm Melissa Zornitta with the Planning Commission
10:37:54 staff and we want to present the results of some of the
10:37:57 other scoping meetings.
10:37:58 We don't want to skew your choices too much.
10:38:00 But it will give you an idea of what some of the other
10:38:07 group has thought about already.
10:38:15 We started the process with an agency and department
10:38:18 survey that went to all four local government staff to
10:38:21 identify what they thought as some of the issues that
10:38:24 would arise, in a very detailed level.
10:38:28 You can see it ranges everything from transit issues to
10:38:32 population growth, issues regarding budgets emerge, and
10:38:38 jobs, economic development.
10:38:41 We also utilized our annual quality of life survey to
10:38:44 ask a couple of optional questions on the backside of
10:38:47 it related to our comprehensive plan and our update.
10:38:57 We heard about a long-term, if that would be
10:39:02 A majority wanted to have greater opportunities to
10:39:03 participate in the long-range planning effort so we
10:39:06 asked some questions about how they would like to do
10:39:09 that, such as did they prefer written surveys to a town
10:39:13 hall meeting, or town hall meetings, and they were
10:39:16 interested in things like water quality, sidewalks and
10:39:20 bicycle lanes were pervasive throughout the community.
10:39:33 There we government so we held several meetings with
10:39:36 the different staffs as well as the Planning
10:39:38 Commission, other stakeholders, we got a listing here
10:39:42 that will come up of all the different participants in
10:39:45 our meetings, from state and regional agencies to
10:39:49 different staff departments.
10:39:51 And then we had a meeting on April 7th with
10:39:54 stakeholders from both the neighborhood associations
10:39:58 and development and business community.
10:40:03 And some of what they chose, I just start to see a
10:40:07 theme as I go through each of these because there's a
10:40:09 lot of commonality in what was chosen.
10:40:12 From a regional and state perspective, the
10:40:15 transportation issues came out as high ranking as did
10:40:20 issues such as schools in education, redevelopment
10:40:24 sustainability, regionalism and economy were lumped
10:40:28 together because they saw those going hand in hand,s we
10:40:31 move forward, special needs populations rose to the top
10:40:35 as well, things like aging population, our economically
10:40:39 disadvantaged, and environmental issues like water
10:40:42 supply, air quality, renewable energy.
10:40:49 We met with the three cities.
10:40:51 You will see throws a lot of similarity here.
10:40:54 Just a little different prioritization in terms of what
10:40:56 came up with the highest ranking.
10:40:58 Environmental issues were sort of at the top.
10:41:01 Regionalism and economy again they saw going hand in
10:41:13 Structure and growth was identified as very important.
10:41:15 Special needs populations and some of our miscellaneous
10:41:18 items like livability and health, parks and recreation.
10:41:27 The county staff, we had a meeting with them again, and
10:41:29 some of the topics, environment, regionalism, economy,
10:41:33 infrastructure and growth, and issues such as disaster
10:41:38 preparedness rose out of that meeting which was
10:41:41 something that hadn't come up in all of the others.
10:41:45 One of the Planning Commission again came up with a
10:41:49 similar topic, infrastructure and growth were their
10:41:52 highest priority, how are we going to pay for things.
10:42:02 An infrastructure structure rather than some of the
10:42:05 other meetings where it was seen as an economic
10:42:07 development tool that we need to have a skilled
10:42:10 workforce, environmental regionalism, economy,
10:42:13 transportation were also high ranking topics here.
10:42:17 And our stakeholders again came up with very similar
10:42:23 topics, economic issues were at the very bottom, and
10:42:27 environmental infrastructure and growth.
10:42:35 Staff had taken a stab in environmental issues before
10:42:41 we started this process.
10:42:42 We identified mobility and alternative to traffic
10:42:46 Citizen engagement and sustainability.
10:42:50 And the one thing that we heard repeatedly is that most
10:42:53 of these items are really interrelated.
10:42:55 You can't separate them necessarily, things like
10:42:59 sustainability and mobility, economy, regionalism.
10:43:04 They transcend.
10:43:06 They are kind of all interrelated and interwoven.
10:43:16 We wanted to mention that we have been looking at a lot
10:43:19 of entities out there doing some form of long-range
10:43:21 planning for either transportation, with the MPO, Urban
10:43:28 Land Institute, had some statewide strategies.
10:43:33 TBARTA has done regional efforts.
10:43:34 So we are coordinating with all of those to make sure
10:43:38 that our efforts align, and so far we are seeing that
10:43:41 they do, and our purpose of being here today is because
10:43:46 we want to get the community-wide issues.
10:43:50 We are doing this really on a comprehensive basis, not
10:43:53 just looking at the unincorporated county plan but all
10:43:55 of the plans.
10:44:00 Because economic development is an issue.
10:44:03 It's an issue for all of us.
10:44:05 Whether you are in the City of Tampa, city of Plant
10:44:07 City or unincorporated county.
10:44:12 That leads to our meeting on March 6th with all
10:44:18 elected officials.
10:44:20 We are going to Temple Terrace next week.
10:44:22 So all for local governments will have done this card
10:44:26 And they will have some idea of what they see as the
10:44:30 major issues.
10:44:30 Then we hope on May 6th to bring everyone together,
10:44:34 and come to a consensus about the major issues for the
10:44:37 community as a whole, the school board, as well as the
10:44:40 Planning Commission will be involved in that meeting.
10:44:45 Also, I want to mention, we have a very large public
10:44:48 input opportunity coming up on May 17th.
10:44:51 We will be having a town hall meeting to get public
10:44:54 input on whether or not we have got these major issues
10:44:57 right and whether or not the citizens out there agree
10:45:00 with what we have come up with so far.
10:45:02 And so that will be an important step as well.
10:45:05 But at this time, we would love to hear what you all
10:45:08 are thinking.
10:45:10 And that concludes the presentation.
10:45:13 >>CHARLIE MIRANDA: Council members?
10:45:15 We go from left to right.
10:45:16 >>LISA MONTELIONE: Thank you, Mr. Chairman.
10:45:18 Thank you, Planning Commission staff.
10:45:20 It's great to see friendly faces here.
10:45:26 They know me well so I don't really adhere to rules
10:45:29 very well.
10:45:30 So rather than taking six items, I group them into
10:45:36 topics, because many of them are very, very closely
10:45:42 Then I counted how many I had in each category, and I
10:45:45 have got eleven that I included in the transportation
10:45:51 mobility topic.
10:45:53 And those are walkability, transportation funding,
10:45:56 transit oriented development, mobility, infrastructure,
10:46:00 increased transit service, connectivity, bicycle
10:46:03 culture and bicycle/pedestrian safety.
10:46:07 All of those are related to one topic of transaction
10:46:11 which I think is our challenge regionally, which is why
10:46:15 I also included regional cooperation and
10:46:19 intergovernmental coordination because we need to not
10:46:22 only look at the transportation issues as it effects
10:46:30 individual neighborhoods or communities but how those
10:46:33 individuals and communities are linked together.
10:46:35 I know we talked about different district.
10:46:37 And I will speak about my district, because I think we
10:46:40 need to -- and I spoke to Mr. Griffin about this
10:46:43 yesterday, was we need to work with Pasco County as
10:46:50 I didn't hear them listed in the numbers of the
10:46:57 governments you have spoken, to because my district
10:47:00 borders the Pasco County line, and many resident who
10:47:02 live in Pasco County work in Hillsborough.
10:47:05 Many shop in my district.
10:47:07 So there is a lot of interconnectedness that needs to
10:47:11 be examined between the folks who live in southern
10:47:15 Pasco and those in northern Hillsborough.
10:47:18 Then the others all gained about three apiece.
10:47:27 Energy efficiency, renewability, sustainability, water,
10:47:30 which is our chairman's favorite topic, I believe,
10:47:33 water quality, water supply, and agriculture water
10:47:41 The situation for those two ends of the spectrum, the
10:47:44 aging population and children at risk, those issues of
10:47:48 homelessness affect all of those groups.
10:47:53 There are seniors and children who make up the largest
10:47:55 amount in our homeless population.
10:47:58 So I think those three are related issues.
10:48:01 Looking at again environmental issues related
10:48:06 conservation, air quality, and agricultural, local food
10:48:13 Our economy in Hillsborough County, not necessarily the
10:48:15 City of Tampa, has been very agriculturally tied for
10:48:19 many years, and I think with community gardens and with
10:48:23 people will go to have local sources of food, that it
10:48:28 is something that is going to be in the future the City
10:48:32 of Tampa will be interested in addressing local food
10:48:35 sources as well with gardens and things like that
10:48:39 coming into fruition.
10:48:41 And then the development issues of activity centers and
10:48:45 recreation parks I think tie into that as well, because
10:48:47 a local food source, community garden, would to me
10:48:51 become an activity center and a recreational type of
10:48:54 activity in addition to our children's play areas.
10:49:04 That sums it up for me.
10:49:06 So I have all these cards.
10:49:06 >> Unlike my colleague, I did exactly what I was told.
10:49:17 [ Laughter ]
10:49:19 And I really was focusing on areas that I sense people
10:49:29 feel that we are weak in.
10:49:30 I heard a lot in this past campaign about bicycle and
10:49:33 pedestrian safety and that was one of the topics that I
10:49:37 Another one is disaster preparedness, because I don't
10:49:41 think that this community is really ready for a major
10:49:47 storm event.
10:49:51 We haven't really see a numbered storm hit the area.
10:49:56 I can't remember the last time that we had a storm of
10:50:00 that magnitude.
10:50:01 And I think that if you observe what goes on even
10:50:06 during minor storms, it doesn't take a lot of
10:50:10 imagination to think about how difficult it would be in
10:50:15 a major occurrence.
10:50:22 I chose regional cooperation in private-public
10:50:26 partnerships because I think people want to see more
10:50:28 cooperation, economies of scale and efficiencies
10:50:33 achieved by governmental entities.
10:50:36 I also mentioned water supply, because I agree with the
10:50:40 I think it's a very, very critical issue facing this
10:50:46 And it's a critical issue facing the state.
10:50:48 And it's something that we are going to have to face up
10:50:51 to as we examine growth patterns and the way that we
10:50:56 try to develop our economy.
10:50:57 And finally infrastructure, because it doesn't -- you
10:51:02 don't have to drive too far from here to see all of the
10:51:05 infrastructure challenges that this community faces.
10:51:08 So thank you for the work that you are doing, and thank
10:51:10 you for asking for our input and I'll look forward to
10:51:13 continuing the dialogue.
10:51:15 >>CHARLIE MIRANDA: Thank you.
10:51:16 Mr. Frank Reddick.
10:51:18 >>FRANK REDDICK: I agree with my other councilmen who
10:51:23 have already spoken.
10:51:31 I would almost ditto what Mr. Cohen just said.
10:51:35 But affordable housing, I think that's critical for the
10:51:39 population we have now, and quite a few people in that
10:51:44 area, not being able to afford a home, and those that
10:51:46 can having a hardship as well.
10:51:48 And I also went with economic.
10:51:53 I think that is critical.
10:51:55 One of mine is increased traffic.
10:52:01 I think with the growing population in this community,
10:52:05 we are going to have to find a way, find more ways to
10:52:07 get people around.
10:52:15 And after seeing what took place in Tuscaloosa, Alabama
10:52:19 last evening, if the state and this city is prepared
10:52:24 for something of the magnitude that just went on in
10:52:28 Water supply.
10:52:29 Before I came on the council, I used to hear about the
10:52:34 chairman speak about water all the time and how you
10:52:36 turn off the water when you shower and turn the water
10:52:38 back on and wash.
10:52:40 I think also important is efficiency, and I think we
10:52:49 are going to have to find a way, and energy is
10:53:01 And number six, when I look at the homeless population,
10:53:05 and I just want to include that because I think we have
10:53:11 a critical need.
10:53:13 Those are my six plus one.
10:53:15 >>CHARLIE MIRANDA: Thank you.
10:53:17 Mr. Mike Suarez.
10:53:18 >> Well, I am kind of playing a different game.
10:53:24 I have a full house and.
10:53:27 >>CHARLIE MIRANDA: Go to the Hard Rock Cafe.
10:53:29 >> I don't because I know how lucky I am. Anyway, I
10:53:34 appreciate the fact that you made this a little bit of
10:53:36 a fun exercise for us to try to figure out what it is,
10:53:39 and I understood the reason why you had us select only
10:53:43 six because we have limited resources and limited
10:53:46 amounts of types to be able to deal with so many of
10:53:50 these issues.
10:53:50 So these are my top six.
10:53:54 Intragovernmental coordination.
10:53:55 I think we are going to need more of that in order to
10:53:58 handle any of the issues that are in this list of
10:54:05 For me really the most important part of that is
10:54:07 economic prosperity.
10:54:08 We need to find a way of getting back what we lost over
10:54:13 the last few years, and going, and with that I think we
10:54:21 need to be more competitive in order for us to get the
10:54:23 economic prosperity.
10:54:25 Our chairman's favorite, water supply.
10:54:26 We are not going to have any of this stuff without a
10:54:28 good, clean, plentiful water supply.
10:54:31 And this is something that I don't think the chairman
10:54:33 has ever heard, hopefully not because he knows
10:54:38 [ Laughter ]
10:54:39 I heard this made by someone that said the tears of
10:54:42 Leonardo da Vinci are still within the water system of
10:54:48 the world.
10:54:49 And that's an interesting concept because we do not
10:54:51 produce more water.
10:54:53 We just reuse the water that we have.
10:54:57 Not quite the way that he wants to see us use it but
10:55:00 that's another story.
10:55:01 Then what leads back into neighborhoods, strong
10:55:05 neighborhoods, and of course the last one is
10:55:08 All those things come, I think, from economic
10:55:11 prosperity and intergovernmental coordination.
10:55:13 So I kind of look at it from how do we get from top
10:55:17 down, and from bottom up, and see how we are going to
10:55:22 go forward.
10:55:23 But thank you very much for the exercise.
10:55:25 >>CHARLIE MIRANDA: I am not going to get involved
10:55:31 because everything has already been said.
10:55:35 I say that the to the public, if you already spoke on
10:55:40 that matter, pass.
10:55:41 So thank you very much.
10:55:42 Any other discussion?
10:55:43 >> That concludes our presentation, chairman Miranda.
10:55:47 We appreciate your involvement.
10:55:52 We will be getting back as we go through the process of
10:55:56 comprehensive plans of all our jurisdictions and invite
10:55:59 you to come out May 6th and join the other elected
10:56:02 >> May the 6th is a Friday, I believe.
10:56:05 And unfortunately I have commitments with the State of
10:56:08 Florida on that Friday.
10:56:11 Something I have been doing for 25 years.
10:56:13 >> Well, certainly you are welcome to go to our Web
10:56:15 site, imagine2035.
10:56:18 >> There's another thing I don't do very well.
10:56:20 I hate to tell you that but I'm just a human being.
10:56:23 >> I understand.
10:56:24 You are welcome to join us in our town hall meeting.
10:56:27 >> We finally agreed on something.
10:56:29 Thank you very much.
10:56:30 I appreciate it, Mr. Griffin, you and your staff.
10:56:33 Thank you.
10:56:34 I believe the last time I went left to right.
10:56:37 I started right to left.
10:56:39 So we go back to the right.
10:56:40 I need a motion to receive and file all those
10:56:43 >>LISA MONTELIONE: Motion to receive and file the
10:56:49 >>CHARLIE MIRANDA: A motion by Lisa Montelione,
10:56:51 seconded by Frank Reddick.
10:56:54 All in favor of the motion say Aye.
10:56:55 Ayes have it unanimously.
10:56:57 Everybody voted yes.
10:57:02 Anyone else who cares to speak on a subject matter that
10:57:04 may be interesting to you?
10:57:06 I see three young people back there that were looking
10:57:09 at each other.
10:57:09 Maybe they have something to say.
10:57:19 You have been here for some period of time and five of
10:57:22 us recognize that so you can come forward.
10:57:32 Get on the record first.
10:57:32 >> My name is Craig Hawthorne.
10:57:36 I signed the book.
10:57:37 I live at 10603 north Nebraska, lazy oaks mobile home
10:57:45 In April, I was assaulted in that community.
10:57:48 Police were called.
10:57:50 We have a serious problem in that community with drug
10:57:52 dealing, with crime that runs wild.
10:57:55 We have got trailers that are totally destroyed that
10:57:57 are sitting in position.
10:57:58 There's code enforcement violations.
10:58:02 When I was hit, I was hit by the drug dealer that I had
10:58:05 been complaining about.
10:58:06 I filed -- you may not know who I am.
10:58:11 Tom Scott knew who I was because it was a matter that
10:58:14 came before the circuit court and I went to the circuit
10:58:16 court and I filed a copy of the motion, and the order
10:58:19 from the judge in the circuit court.
10:58:21 I do have a case now which is quite major before the
10:58:24 DCS up in district.
10:58:29 The case is basically deals with the sheriff's
10:58:32 department over the microwave system.
10:58:35 It also deals with Hart transportation and all of that.
10:58:39 But I was assaulted out there by the same person that I
10:58:42 have been complaining about.
10:58:43 Now the officer said to me, we can't -- do you know his
10:58:47 No, I don't know his name.
10:58:49 I can get in my records to show you pictures and things
10:58:52 that I have taken.
10:58:53 When I first moved into that trailer park, and, sir, I
10:58:56 lived in that trailer park in '5 and '6 when it was
10:59:01 owned by a different company, okay.
10:59:03 We never had the problems there.
10:59:05 We didn't have the vacant units we have.
10:59:07 We don't have the juvenile delinquency problem that
10:59:12 comes through there because of the drugs.
10:59:14 There are several people in that complex that actually
10:59:18 with this man who assaulted me, he's in there day and
10:59:21 He doesn't live there.
10:59:22 He comes into the property.
10:59:24 He deals with people who have children.
10:59:26 He's part of the -- the police have been in there one
10:59:30 One night they came in when they were having this big
10:59:32 party and looked at the trailer.
10:59:34 I was wondering who called them, you know.
10:59:36 We have had a very serious action out there, not more
10:59:39 than a year ago with the Tampa undercover police
10:59:42 department was out there.
10:59:45 You know, they took a broken bottle off of my patio.
10:59:47 He came onto my patio.
10:59:49 I was sitting oh out there.
10:59:51 Picked a broken bottle off of my patio that the police
10:59:53 officer said that he probably was going to stab me
10:59:56 But I don't know because he didn't hit me with the
10:59:59 He was smack me around.
11:00:00 I was half unconscious by the time the police got
11:00:04 I'm unhappy because I had a friend die on this police
11:00:12 She's listed on that wall and I go to every function
11:00:14 that has anything to do with the Tampa PD and I was not
11:00:19 more than three hours out from saying hello to her.
11:00:21 So I am a big supporter of this town.
11:00:24 And I always said to her that she was good enough cop
11:00:27 that she should have went to the FBI but she chose to
11:00:30 work for the city.
11:00:31 And the City Council then didn't treat her very well.
11:00:41 But that has no bearing on that.
11:00:43 I just say that I support the police department and I
11:00:45 support everything they do.
11:00:46 And because of the microwave system, they know when I'm
11:00:50 complain being stuff that's going on but they can't act
11:00:52 on it.
11:00:53 It's just like when I go to the judges, I have got to
11:00:56 speak to their faces, or put in the writing.
11:00:58 They know about this situation.
11:00:59 But they can't rule on it.
11:01:01 And just -- Mr. Miranda, you are one of the senior
11:01:05 people here, and I don't know all of you personally.
11:01:07 I have never met any of you.
11:01:09 I have seen your election campaigns.
11:01:11 I'm a registered sex offender but I live over there.
11:01:14 >> I always go by the three-minute rule.
11:01:17 I apologize to you but that's the rule we have always
11:01:19 had here.
11:01:20 As I understand it, I'm not speaking to you, I'm just
11:01:23 speaking to the other council members now.
11:01:24 I understand this.
11:01:31 There was reference to district court of appeals, so we
11:01:33 are not going to elaborate on that case right now
11:01:36 because of jeopardy on either side of the issue.
11:01:38 I'm sure the police department has heard this complaint
11:01:42 and are vigilant about it.
11:01:44 There was reference made by the Sheriff's Department
11:01:46 and the Tampa PD so I don't know where the
11:01:49 jurisdictional lines lie.
11:01:50 So we will leave it at that.
11:01:52 And we will make comments with the police department
11:01:54 and see what their reflections are on what you just
11:02:03 Any one of these three young people like to come up and
11:02:05 say hi, even put your name on the record, see yourself
11:02:09 on television or let your parents know that you are
11:02:13 Yes, sir.
11:02:13 >>MARTIN SHELBY: Just a follow-up if I can with regard
11:02:18 to the request to set a suppose discussion meeting to
11:02:21 follow up on the law and procedure on matters that we
11:02:25 I had an opportunity to coordinate with council
11:02:25 members' offices.
11:02:31 And Ms. Cole and Mr. Shimberg would like to attend.
11:02:34 If it's possible, I am asking for a motion that that be
11:02:37 set for May 10th of 2011 from nine to 11:30 in the
11:02:42 Mascotte room downstairs.
11:02:44 That's a Tuesday morning.
11:02:45 >> Thank God I got a brain.
11:02:47 I could figure out what day it is.
11:02:49 The only reason I know that is because I have a
11:02:51 doctor's appointment on Monday.
11:02:53 I'm not that smart.
11:02:55 I need a motion to that effect.
11:02:57 Motion by Mr. Cohen, second by Ms. Montelione on a
11:03:00 close call with Mr. Suarez who was about ready to raise
11:03:04 his finger.
11:03:04 All in favor indicate by saying Aye.
11:03:06 The ayes have it unanimously.
11:03:08 Anything else?
11:03:09 From anyone?
11:03:10 >>LISA MONTELIONE: Thank you, Mr. Chairman.
11:03:15 Most of you probably noticed my pin today.
11:03:18 I don't know if a motion is in order but I would like
11:03:20 to send congratulations to the lightning, and moving on
11:03:24 to the next round of playoff games.
11:03:27 I am personally a hockey fan.
11:03:29 And I believe that it is a sport that Tampa has
11:03:34 And we should really be looking forward to the next
11:03:37 series of games.
11:03:39 So if you have a chance, watch it on TV, go to the
11:03:41 game, celebrate it.
11:03:42 It's a wonderful, wonderful sport, and a great time.
11:03:46 >> Thank you very much.
11:03:48 We will certainly try to do that.
11:03:49 Mr. Cohen.
11:03:49 >>MIKE COHEN: Two items, sir.
11:03:53 First is I would like to make a motion to invite
11:03:56 Michael Pastreich, the president and CEO of the Florida
11:04:03 orchestra to appear on May 19th to provide a brief
11:04:06 overview of their program.
11:04:07 >> Motion by Mr. Cone, second by Mr. Reddick.
11:04:16 The ayes have it unanimously.
11:04:17 >> Second, I would like to ask the staff of the finance
11:04:25 department to appear before council on May 19th
11:04:28 during the 10:30 time certain for staff reports to
11:04:31 update us on current state of the city's finances and
11:04:37 how we are progressing through this fiscal year.
11:04:41 >> Seconded by Mr. Suarez for.
11:04:44 All in favor?
11:04:46 The ayes have it unanimously.
11:04:48 Thank you very much.
11:04:49 Two for two.
11:04:50 Mr. Dedrick.
11:04:51 >> Not at this time.
11:04:53 >> Thank you.
11:04:53 You are a very good councilman.
11:04:55 Mr. Suarez.
11:04:56 >>MIKE SUAREZ: No new business.
11:04:57 >> You are an excellent council member.
11:04:59 I need a council Meg member to make this motion.
11:05:01 Way need is, I made this motion, and I was a little
11:05:07 misinterpreted by myself.
11:05:08 I you need a motion to go to the legal department
11:05:11 regarding this 13,142.50 regarding the complaint by a
11:05:21 citizen that we had who sent us the bill for it, and I
11:05:24 don't think we are going to pay for the.
11:05:27 That's what the legal told me.
11:05:28 But I need it officially to go to them.
11:05:31 I have a motion by Mr. Cohen, second by Mr. Suarez.
11:05:34 All in favor?
11:05:35 The ayes have it unanimously.
11:05:37 Anything else to come before this council meeting?
11:05:43 We stand adjourned.
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