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Thursday, October 20, 2011
9:00 a.m. Session


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09:17:39 >>MARY MULHERN: We will open the Tampa City Council regular

09:17:45 meeting.

09:17:50 Would you want AP few minutes before?

09:17:52 We are going to have a one-minute recess and then we'll open

09:17:54 the regular meeting.

09:18:00 In that time, I would like to just let the audience, since

09:18:05 we have so many people here to speak, we will be discussing

09:18:13 how much time will be allotted.

09:18:15 But I would like people to know that items that are on our

09:18:21 regular approved agenda, those people whose items are on the

09:18:26 agenda will be given the opportunity to speak first.

09:18:30 So if you are here on something that is a numbered item on

09:18:33 the agenda, we are going to hear from those people first.

09:20:17 [Sounding gavel]

09:20:17 The meeting of the Tampa City Council is called to order.

09:20:22 We have a lot of people here, so for the benefit of everyone

09:20:25 who is here to speak, I am going to read you what our rules

09:20:30 are, and council will, based on what's on our agenda today,

09:20:36 the business we need to get through, we'll talk about how we

09:20:40 are going to handle this great public input that it looks

09:20:56 like we are going to have of to have.

09:20:58 Roll call, please.

09:20:59 >>MIKE SUAREZ: Here.

09:21:03 >>YVONNE CAPIN: Present.

09:21:03 >>FRANK REDDICK: Here.

09:21:05 >>HARRY COHEN: Here.

09:21:08 >>MARY MULHERN: Here.

09:21:09 Before we move to the approval of the agenda, I do want to

09:21:11 just let people know that our council rules of business say

09:21:16 that 30 minutes shall be allotted for public comment with

09:21:18 each person permitted to speak on matters not scheduled for

09:21:23 public hearing.

09:21:24 Preference shall be given to speakers wishing to address

09:21:27 numbered items on the agenda.

09:21:28 Those speakers remaining after the allotted time shall have

09:21:31 the opportunity to address City Council at the end of the

09:21:34 meeting.

09:21:36 I know that there are a lot of people here who want to talk

09:21:38 about the Occupy Tampa protest.

09:21:41 That is not on our numbered agenda at this point.

09:21:44 So the individuals who are here to speak on things, items

09:21:51 that are on the numbered agenda will be able to speak first.

09:21:54 And then council, I think that we can attend to this

09:22:00 question.

09:22:01 First of all, about how we want to handle this huge number

09:22:06 of people.

09:22:08 So what is the pleasure of council as far as how much time

09:22:13 we should allow for public comment at the beginning of the

09:22:15 meeting?

09:22:17 Councilman Reddick.

09:22:19 >>FRANK REDDICK: Madam Chair, let me just state, my office

09:22:23 sent a memo out to everyone requesting that items pertaining

09:22:31 to the police department is here, it should be an item on

09:22:38 the agenda.

09:22:38 That's an addendum to the agenda.

09:22:40 So I think protocol is we approve the agenda with that item,

09:22:50 should allow those who want to speak to speak.

09:22:52 >>MARY MULHERN: Let's talk about that when we get to the

09:22:55 approval of the agenda.

09:22:56 I feel like we could talk about the time for public comment

09:22:59 at the same time, but people are going to be here for public

09:23:01 comment either way.

09:23:03 So Councilwoman Capin?

09:23:06 >>YVONNE CAPIN: I wanted to note that I will be leaving at

09:23:08 11:30.

09:23:09 So may look at moving some things forward possibly.

09:23:14 >>MARY MULHERN: Right.

09:23:16 Councilman Suarez.

09:23:17 >>MIKE SUAREZ: I think we in the past have looked at

09:23:21 whenever we have a group that is going to talk about the

09:23:24 same issue, we might want to ask that group to maybe

09:23:29 consolidate into one person to have more minutes to talk

09:23:33 about that particular issue and those particular items.

09:23:35 That may help in terms of the group that wants to speak have

09:23:42 a little more time, a little more direction, focus.

09:23:46 I'm not sure that we have done that in the past.

09:23:48 If we could ask those folks that want to sign up and give up

09:23:51 their minutes, and that might be a way to help get

09:23:58 everyone's opinion about this, especially if it's going to

09:24:01 be the same things from each person, maybe we can ask for

09:24:06 the group to get together and talk about that, bring it to

09:24:09 us so that we know who that person is going to speak on that

09:24:12 issue.

09:24:15 >>YVONNE CAPIN: I did request to leave at 11:30 but I will

09:24:18 be back for the afternoon should we run into the afternoon.

09:24:23 So I could be back.

09:24:24 >>MARY MULHERN: Here is what I am wondering, if we are

09:24:31 going to stick to our rules, which we may need to do.

09:24:34 Let's adjusts talk about it at the approval.

09:24:36 We are going to do our ceremonial activities to start with.

09:24:40 I think that there are a lot of people here.

09:24:47 Some people may have to come back at the end of the meeting

09:24:49 which is what we do for public comment if we do not have the

09:24:53 time based on what our regular agenda is to hear from

09:24:56 everybody at the beginning of the meeting.

09:24:58 So it may be that -- and you certainly have the option to

09:25:02 come back at the end of the meeting if you wish to speak,

09:25:04 because we may not be able to get to everybody at the

09:25:07 beginning of the meeting, and we are going to do our best to

09:25:10 hear from the people who are speaking on regular agenda

09:25:13 items first.

09:25:13 So we are going to now move to our ceremonial items.

09:25:19 We'll come back to the approval of the agenda.

09:25:24 Councilman Suarez is going to give a presentation, a

09:25:29 commendation.

09:25:49 >>MIKE SUAREZ: Thank you.

09:25:51 We have the partnership for tobacco-free Florida here and

09:25:55 they are going to make a ten-minute presentation about what

09:25:57 they are doing.

09:25:58 Can I ask them to come up?

09:26:00 Where are they?

09:26:19 Council, we have -- how many students do we have here, four?

09:26:26 We have Andre Martin, Maria Iella, Ann Lastra, Lauren

09:26:32 Desantos, Natalie Whida, and they are here as part of the

09:26:37 group that is going to give us our presentation.

09:26:40 I would like to give you a commendation from the city for

09:26:43 your work.

09:26:48 There you are, Natalie.

09:26:50 Maria.

09:26:52 Lauren.

09:26:54 And Andrea.

09:27:00 We would like to recognize the efforts of students working

09:27:02 against tobacco also known as swat and tobacco free

09:27:05 partnership Hillsborough for their devotion to protecting

09:27:08 our youth from the harmful effects of flavored tobacco.

09:27:11 Believe it or not that is something that exists.

09:27:13 Their dedication is to reduce the collaborative efforts to

09:27:18 reduce the marketing influence that tobacco companies have

09:27:20 in our community, our valuable actions to make this a

09:27:24 tobacco-free city.

09:27:25 One of the most important aspects of this is that flavored

09:27:29 tobacco primarily is targeted at those minority areas that

09:27:34 are, unfortunately, some of the most unhealthy, and this is

09:27:38 one more aspect of getting children on tobacco.

09:27:41 This is a great group and a great organization.

09:27:43 We passed a resolution already recognizing that, and they

09:27:47 are going to go ahead and show us their presentation.

09:27:50 Thank you very much for your work.

09:27:51 We appreciate it.

09:27:52 And I hope you keep doing what you are doing because we need

09:28:01 it.

09:28:01 Thank you

09:28:03 >> Good morning.

09:28:28 My name is Maria IELLA.

09:28:32 >> And I'm Andre Martin.

09:28:34 >> And we are students against tobacco here today because we

09:28:37 want to ask for your support to pass this resolution urging

09:28:39 all tobacco retailers to stop the sell of flavored tobacco

09:28:44 to our youth.

09:28:46 This slide shows that 52 other cities and our counties have

09:29:02 already passed a resolution regarding candy flavored

09:29:04 tobacco.

09:29:05 And we are not the only ones doing this.

09:29:11 Our hope is we will strengthen our efforts to protect our

09:29:14 youth and our future.

09:29:16 This is important because almost 390% of all tobacco users

09:29:20 begin by age of 18.

09:29:25 Did you know that 25% of high school students and 7.8% of

09:29:30 middle school students used tobacco on one or more of the

09:29:35 past 30 days?

09:29:35 Did you know that 5.1% and 16.8% of high school students

09:29:40 smoke cigars on one or more of the past 30 days?

09:29:47 Research by the Harvard school of public health found that

09:29:50 big tobacco companies are trying to target our youth by

09:29:54 using candy flavored tobacco, to kind of mask or cover the

09:29:58 harsh -- in tobacco. But how do we know they are targeting

09:30:05 the youth?

09:30:05 This slide shows the results of a nationwide survey of how

09:30:08 likely our teens and adults see flavored tobacco products.

09:30:17 Adults are 10%.

09:30:20 Teens are more than twice as likely as adults see

09:30:25 tobacco-free see advertisements.

09:30:28 In Hillsborough County alone, 20.4%, or nearly 20,000 middle

09:30:33 and high school students in Hillsborough County alone have

09:30:37 ever used flavored tobacco. According to the 2010 youth

09:30:42 tobacco survey.

09:30:46 Now I will let Andre continue with the presentation.

09:30:49 >> Thank you, Maria.

09:30:52 Now, as you can see from these internal memos that we have

09:30:56 gotten from the tobacco companies, they are intent on

09:30:59 targeting Florida's children, as seen by this quote.

09:31:03 It is a well-known fact that teenagers like sweet products,

09:31:09 honey might be considered.

09:31:10 There's also a lot of study found by the companies to find

09:31:14 ways in which they can overcome the difficulties that are

09:31:17 seen by the young smokers or young tobacco users when they

09:31:20 start using tobacco.

09:31:23 Some of the things they found are, for example, here.

09:31:27 They found that people do not like the nicotine level that

09:31:30 burns the mouth.

09:31:31 So they lowered the nicotine level and a starter product as

09:31:38 they call them.

09:31:39 They find they do not like the float residue in the mouth so

09:31:42 they put it in pinch, or in pouches, so they do not have to

09:31:50 worry about spigot it out so often and there's nothing in

09:31:53 the mouth.

09:31:55 And they found the bad or unfamiliar taste can be covered up

09:31:59 by the sweet candy flavoring which is also used to attract

09:32:03 younger smokers or users.

09:32:07 In 2009, the family smoking and tobacco control act passed

09:32:12 which gave the FDA power to regulate tobacco products, and

09:32:16 it did ban the sale of candy flavored cigarettes.

09:32:22 Any other form of smokeless such as hookah, tobacco, snuff,

09:32:27 and others that are commonly flavored.

09:32:31 100 percent surveyed in Hillsborough County sell at least

09:32:39 one form of flavored tobacco companies such as these.

09:32:45 Snuff.

09:32:46 CIGARILLOS, all of which are advertised.

09:32:55 We have letters of support from different organizations such

09:32:57 as the American lung association, American cancer society,

09:33:01 Hillsborough County anti-drug alliance, and over 200

09:33:04 signatures from the public petitioning against these things.

09:33:08 And we appreciate any support and consideration.

09:33:15 Thank you very much.

09:33:15 >>MARY MULHERN: Thank you very much for sharing that with

09:33:30 us.

09:33:36 We will now move on to our review of our agenda, approval of

09:33:46 the agenda.

09:33:48 The clerk would like to go over that.

09:33:52 >>SHIRLEY FOXX-KNOWLES: City clerk.

09:33:56 To review the agenda, the addendum to the agenda for October

09:34:02 20th, 2011, we have a new business item.

09:34:07 We have a request by council member Reddick for

09:34:11 representative from the Tampa Police Department to appear

09:34:15 before council during the staff report section of today's

09:34:19 meeting to discuss Occupy Tampa.

09:34:24 We have substitution of agenda items.

09:34:28 Item number 3, the legal department is requesting a

09:34:33 substitution of the ordinance.

09:34:36 Also regarding item number 3, the legal department is

09:34:40 requesting a continuance to November 3rd, 2011.

09:34:47 Item number 54 and 55, the legal department is requesting

09:34:52 substitution of the ordinance.

09:34:56 54 is regarding solicitation and distribution on public

09:35:02 roads.

09:35:03 55 is regarding newspaper street sales allowed.

09:35:11 Item number 60, we have a request for continuance to

09:35:21 November.

09:35:21 The request came from Karen Palus, director of Parks and

09:35:24 Recreation Department.

09:35:27 This is regarding the aquatic study.

09:35:32 Of note, item 11 and 12, council member Montelione has sent

09:35:37 a memorandum requesting a two-week continuance of items 11

09:35:43 and 12.

09:35:46 Thank you.

09:35:47 >>MARY MULHERN: Thank you, madam clerk.

09:35:50 I think we need to hear from council about Councilman

09:35:57 Reddick.

09:36:00 You had begun to tell us about your request.

09:36:03 Normally, new business is something that comes up at the

09:36:09 time of new business and we put it on the agenda for future

09:36:17 meetings.

09:36:18 In this case, maybe you could tell us -- tell council why

09:36:22 you wanted to hear from TPD today, and if they have agreed

09:36:31 to do that, and then council can decide if we want to add

09:36:35 that to the agenda today.

09:36:37 >>FRANK REDDICK: Thank you, Madam Chair.

09:36:41 When I made the request, the request was not made as a new

09:36:44 business item.

09:36:45 It was made as an addendum to the staff report.

09:36:48 And I have spoken with TPD, the representative of TPD is

09:36:54 here today to speak on this item.

09:36:55 And they are prepared to discuss my request.

09:37:01 And that's the reason why I requested this item on the

09:37:05 agenda.

09:37:05 >>MARY MULHERN: And what is the pleasure of council?

09:37:09 Do we want to add that to today's agenda?

09:37:13 >>HARRY COHEN: I would be happy to add it to today's

09:37:16 agenda.

09:37:16 I just want to go back to something that came up earlier.

09:37:19 If added to today's agenda now, does that mean then that

09:37:23 basically the public comment will just be -- everyone will

09:37:28 just sort of get up in line and just speak on any item

09:37:31 including that?

09:37:33 It's on the agenda.

09:37:34 If so, maybe we could just do a minute a person or something

09:37:37 like that and see how much we can get through.

09:37:39 >>MARY MULHERN: This is my concern about adding things to

09:37:44 the agenda.

09:37:45 At the last minute.

09:37:47 That we do have a very full agenda today, and we have a lot

09:37:51 going on, and we have noticed public hearings, and things

09:37:55 that have been on the agenda, and people have known about

09:37:58 for, you know, a week or two weeks.

09:38:01 So I think that we need to give preference to those items

09:38:08 first, and then, you know, if council would like to extend

09:38:14 the period of public comment so that we can hear from more

09:38:22 people this morning, or if we want to just, as we normally

09:38:25 would, have the overflow of public comment, that are items

09:38:32 not on the agenda.

09:38:33 This is in addition to this.

09:38:35 I do not believe it is -- it is not a numbered item which is

09:38:38 what our rules are, and I think we are going to need to keep

09:38:42 this process or we are going to lose control of our meeting.

09:38:45 >>FRANK REDDICK: Can I have a question?

09:38:48 What is the deadline for putting any item on the agenda

09:38:53 prior to a council meeting?

09:38:56 Because when I spoke with the clerk's office, they had no

09:39:00 problem.

09:39:02 So if we have a deadline, we cannot do it within 24 hours or

09:39:08 48 hours of a scheduled meeting, then I would like to know

09:39:11 that so that I will ask council, what is the council rule

09:39:17 pertaining to putting an item on the agenda prior to a

09:39:20 scheduled meeting?

09:39:21 >>MARY MULHERN: Mr. Shelby?

09:39:28 >>MARTIN SHELBY: Well, if I can, council.

09:39:30 I don't have the rule at my fingertips but normally I

09:39:32 believe it's by 5:30 --

09:39:36 >> Wednesday.

09:39:37 >>MARTIN SHELBY: I have to check to see what the rule is

09:39:40 here.

09:39:43 Oh, to pull an item.

09:39:44 >> I guess the question is how to add an item to the agenda.

09:39:49 Well, council, there are several ways to get an item put on

09:39:52 the agenda.

09:39:54 Normally the way it's done with the administration is it's

09:39:58 done through a doc agenda process, and that normally

09:40:01 requires it to be done a week in advance, is it?

09:40:10 If you can just continue the discussion, let me pull the

09:40:13 exact rule.

09:40:14 There are rules on it and I would like to be able to answer

09:40:16 your question specifically.

09:40:17 >>MARY MULHERN: Councilwoman Capin.

09:40:24 >>YVONNE CAPIN: If we go ahead with adding the agenda item

09:40:27 on opening up the public comment to all of the agenda items.

09:40:35 I would like to request that we move certain items forward

09:40:40 for vote so that our business can be taken care of.

09:40:46 >>MARY MULHERN: Okay, I think if it's okay with council, we

09:40:54 need to move this meeting forward.

09:40:55 We can't spend too much time on talking about the process.

09:40:59 We can discuss this later.

09:41:01 It sounds like we are willing to add as a staff report.

09:41:08 And if we could just get a motion to do that.

09:41:12 >> So moved.

09:41:16 >> Second.

09:41:17 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

09:41:19 by Councilman Cohen.

09:41:21 All in favor?

09:41:23 So that will come at staff reports, and Councilman Reddick,

09:41:32 did you want to put that at the beginning of our staff

09:41:34 reports?

09:41:35 >>FRANK REDDICK: It didn't make a difference when we

09:41:38 schedule the staff report.

09:41:40 TPD is here to do it at that time.

09:41:43 >>MARY MULHERN: Okay.

09:41:44 Then let's move on to the changes that were discussed in the

09:41:52 agenda.

09:41:52 I think if we could just get -- and the addendum.

09:41:57 >> Motion to approve.

09:42:00 >> Motion to approve.

09:42:01 >> Second.

09:42:02 >>MARY MULHERN: Councilman Reddick?

09:42:05 >>FRANK REDDICK: I have just one item of concern, and that

09:42:07 was the request from Councilwoman Montelione about items 11

09:42:15 and 12.

09:42:18 I wanted to -- I have a concern about continuing this,

09:42:24 because the city is close to completing the project, and the

09:42:33 people out there that are waiting for this last step to get

09:42:36 it completed, and just delaying it for two weeks for some

09:42:41 minor questions, I think that's something, no disrespect to

09:42:44 Councilwoman Montelione, I think that comes internally with

09:42:49 staff.

09:42:49 But this item needs to go forward.

09:42:52 It's in my district.

09:42:54 And the people have been waiting on this.

09:42:57 The city is so close to getting it done.

09:42:59 And I'm afraid with the contract waiting to move forward,

09:43:05 they can finish this up in almost two weeks, and then to

09:43:08 wait for two weeks to do this, and I would like to discuss

09:43:11 this, holding this off for discussion.

09:43:14 Either vote it up or down, but I don't want to wait two

09:43:18 weeks.

09:43:18 >>MARY MULHERN: So why do we not include 11 and 12 in the

09:43:24 request for the changes.

09:43:27 >> And I accept that change.

09:43:34 >>YVONNE CAPIN: And I second it.

09:43:35 >>MARY MULHERN: All in favor?

09:43:36 Then 11 and 12 will be taken up under the committee reports.

09:43:43 Mr. Shelby.

09:43:44 >>MARTIN SHELBY: Council, just for clarification purpose,

09:43:48 there was an item for item 60 to continue to November.

09:43:54 Would that be to continue to November 17th?

09:43:57 That would be your second meeting in November.

09:44:00 >>MARY MULHERN: Whose request was that?

09:44:02 >>MARTIN SHELBY: Karen Palus.

09:44:03 >>MARY MULHERN: Where is our calendar?

09:44:13 November 17th.

09:44:14 Okay.

09:44:14 >>MARTIN SHELBY: If council wishes, I do have a quick

09:44:21 answer to council member Reddick's question.

09:44:24 Council member Reddick did ask about how items are added on

09:44:27 the agenda.

09:44:33 Normally, council, in the past, the way council has had

09:44:39 items added to the agenda would be by rule 7-A, and this is

09:44:44 what it states.

09:44:45 This really pertains to the administration.

09:44:46 All petitions, communications, staff reports, resolutions,

09:44:50 ordinances and a other matters intended for the

09:44:52 consideration of the City Council shall be filed with the

09:44:54 office of the city clerk on or before 2:00 p.m. on the

09:44:57 Thursday prior to the meeting of City Council.

09:45:00 The City Council in turn shall assign such petitions,

09:45:04 communications, resolutions, ordinances or other matters to

09:45:06 the most appropriate placement within the agenda, taking

09:45:09 into consideration the request made at the time of placement

09:45:13 on the agenda.

09:45:15 Ordinances and resolutions related to fees are to be placed

09:45:18 under staff reports.

09:45:20 Then, council, with regard to having a council member wish

09:45:25 to have an item placed on the agenda, rule B states that an

09:45:30 item may be placed on a future agenda by majority vote of

09:45:35 the City Council.

09:45:35 So normally what council has been doing in the past is to

09:45:37 make a request under new business to discuss something in

09:45:41 the future, and by motion vote is placed on the agenda.

09:45:44 However, council, you also have, within your rules, the

09:45:48 approval of the agenda such as you have today, and the

09:45:51 approval of the agenda -- this is rule 3-B-3 states approval

09:45:56 of the agenda and adoption of minutes shall be by majority

09:45:59 vote of the entire council.

09:46:01 Prior to adoption, council may entertain additions,

09:46:05 deletions, substitutions, requests of council by city staff,

09:46:08 and removal of items from the consent agenda for a separate

09:46:13 vote.

09:46:13 So what that says, council, is council ultimately has

09:46:18 control of the agenda, and additions can be made as you did

09:46:22 today under the approval of the agenda.

09:46:24 >>MARY MULHERN: Okay.

09:46:30 Is there any further discussion about our process, which

09:46:33 think is an important thing we can do at the end of the

09:46:35 meeting, or perhaps set that for another meeting.

09:46:41 I have some memos that I would like to just mention and

09:46:45 enter into the record.

09:46:46 Memo from Councilwoman Capin as she stated earlier, she will

09:46:51 be leaving at 11:30 today.

09:46:54 And as the memo from Councilwoman Montelione that she will

09:46:59 be absent today.

09:47:00 She's at a conference.

09:47:01 And I am going to give this memo to Councilman Cohen because

09:47:07 it's from a stent of South Tampa who wanted to have this

09:47:10 entered into the record.

09:47:15 And we will now go -- we will move to our public comment,

09:47:23 after we decide how we want to handle it, which we had some

09:47:27 discussion about.

09:47:27 Do we want to go longer than 30 minutes?

09:47:30 Do we want to limit discussion to less than a minute?

09:47:36 It might be helpful.

09:47:37 I think we have overflow, do we not?

09:47:42 And how many people are there that are not in chambers?

09:47:45 Do we have any idea?

09:47:49 We are not going to have time for everyone to speak three

09:47:51 minutes.

09:47:52 It doesn't look like.

09:47:53 Maybe the people in the audience who are hoping to speak

09:47:56 could raise their hand if you are hoping to speak.

09:48:03 >>FRANK REDDICK: Two minutes?

09:48:05 >>MARY MULHERN: What's the pleasure of council?

09:48:08 >>MIKE SUAREZ: Chair, if you could, those are the ones that

09:48:12 are off the agenda, I think we are dealing with two

09:48:15 different issues.

09:48:16 We do have some agenda items.

09:48:17 I don't have a problem with allocating more time for

09:48:21 off-agenda items or shortening those to two minutes.

09:48:26 I think that's the easiest way.

09:48:28 It didn't look like there were a lot of hands for the

09:48:30 off-agenda items.

09:48:31 At least that's my assumption.

09:48:33 >>MARY MULHERN: We are going to hear from the agenda items.

09:48:38 Agenda items first.

09:48:39 Sorry.

09:48:40 If you are here to speak on the item we added, at Councilman

09:48:44 Reddick's request, it will be after anything else on the

09:48:48 agenda.

09:48:48 So two minutes?

09:48:50 Two minutes.

09:48:51 Okay.

09:48:51 >>MIKE SUAREZ: Do we have to make a motion?

09:48:56 I make a motion that we change our rule for public comment

09:48:59 to two minutes.

09:49:03 Are we still going to do 30 minutes?

09:49:07 Take 45 minutes?

09:49:10 Okay, 45 minutes.

09:49:11 >>FRANK REDDICK: Second.

09:49:13 >>MARY MULHERN: All in favor?

09:49:14 So we are going to have 45 minutes for public comment.

09:49:16 And I would like -- I think probably should have done this

09:49:19 earlier, but Councilwoman Capin needs to leave at 11:30.

09:49:27 There are some items here.

09:49:30 If you have an item here for public hearing, and I want you

09:49:38 to be aware that after 11:30 we will have five people here.

09:49:43 After that we will only have four.

09:49:47 Councilwoman Capin, you can be back at 1:30?

09:49:51 Okay.

09:49:52 So we could hear those items at 1:30 if that is acceptable

09:49:59 or we could move them.

09:50:00 Mr. Grandoff, I'm talking to you.

09:50:02 Maybe you could let us No. I don't know if there's anyone

09:50:04 else here who has a public hearing and is wishing to speak,

09:50:07 but be aware that we don't have a full council here.

09:50:09 We'll only have four people if we go past 11:30.

09:50:18 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.

09:50:20 I have item 59 set for public hearing at 9:30.

09:50:24 I would respectfully request that noticed matters be heard

09:50:28 if at all possible before 11:30.

09:50:30 But of course if you run out of time, we can certainly

09:50:33 return at 1:30.

09:50:34 It seems to me that people that have scheduled business

09:50:36 before council should have a certain amount of discretion.

09:50:40 I would request that.

09:50:41 >>HARRY COHEN: So moved that we move those items prior to

09:50:49 11:30.

09:50:50 >>MARY MULHERN: We'll have public comment and then take the

09:50:52 noticed items first.

09:50:53 And I think you are the person who wants to request to be

09:51:00 heard, we can hear yours first, I think.

09:51:03 >>JOHN GRANDOFF: I appreciate the courtesy.

09:51:04 >>MARY MULHERN: Anyone wishing to speak to items on the

09:51:08 agenda.

09:51:12 Please give you're name and address and also tell us what

09:51:14 item you are speaking on.

09:51:15 >> My name is Charles Smalling, 3108 north, Tampa, Florida,

09:51:22 cab driver.

09:51:22 And I have seen panhandling from one end of this county to

09:51:25 the other.

09:51:25 >>MARTIN SHELBY: Sir, if you can just stop for a minute.

09:51:29 Clarification, please, Madam Chair.

09:51:33 With regard to items that are set for public hearing, those

09:51:35 items will be taken up separately.

09:51:37 So if you are here in the audience to speak to an item that

09:51:41 is set for a public hearing, for instance, the solicitation

09:51:45 ordinance, the series of them, those will be taken up

09:51:48 separately.

09:51:49 The period to speak now is items that are not set for public

09:51:53 hearing.

09:51:53 >>MARY MULHERN: It's confusing, but that item is on the

09:51:58 agenda as a public hearing.

09:52:00 >> I can speak later?

09:52:02 >>MARY MULHERN: Yes.

09:52:05 Sorry.

09:52:05 Thank you, Mr. Shelby, for pointing that out.

09:52:07 Especially on the panhandling issue, that will be a public

09:52:10 hearing later.

09:52:11 So when that comes up you will be able to speak.

09:52:14 >> I'm Ed Tillou.

09:52:20 I guess this would be addressing items that are on hear as 1

09:52:23 through 7, because I often come to speak about noise and

09:52:28 traffic enforcement so I go through things relating to the

09:52:32 police department because I don't think those things are

09:52:34 being done very well.

09:52:38 I think the police department, for just day to day things,

09:52:42 is shortchanged, when they are outnumbered 500 to 1, and can

09:52:47 have a real problem here.

09:52:48 But in any case, this is part of pedestrian and bicycle

09:52:51 safety.

09:52:54 I designed a new --

09:52:56 >>MARY MULHERN: Mr. Tillou?

09:52:57 Mr. Tillou, I don't believe those issues are on the agenda.

09:53:00 >> Well, items 1 through 7 relate to the police department.

09:53:04 >>MARY MULHERN: They don't relate to the topics that you

09:53:08 are talking about.

09:53:08 >> Well, that's the point.

09:53:13 Address that noise and traffic pollution.

09:53:14 But in any case, I ran this off to distribute here.

09:53:21 I touch on two things.

09:53:28 Contagion should not be playing in the theaters --

09:53:34 >> Mr. Tillou, there are people here wishing to speak to

09:53:37 items on the agenda.

09:53:37 So if you could please limit your comments to specific

09:53:42 topics that are on the agenda.

09:53:45 If not, you will need to wait until after the --

09:53:51 >> I'll take this up at another meeting.

09:53:54 Now I come on these issues a lot.

09:53:56 And the thing is I'll hand this around.

09:53:59 >>MARY MULHERN: We are happy to hear from you.

09:54:01 This is not the time for you to speak.

09:54:03 Your time is after we hear from people who are here on

09:54:05 specific items on the agenda.

09:54:07 >> Well, I want to speak to those, too, but now the council

09:54:12 has its mind of what it's going to do.

09:54:14 Let me hand this around.

09:54:28 As I say, you have ten city-provided charging stations, and

09:54:34 they are actually increasing carbon dioxide output by 20%.

09:54:39 >>MARY MULHERN: Where is that on our agenda, Mr. Tillou?

09:54:41 >> I'll address that in the future.

09:54:43 It's probably something under public works.

09:54:45 >>MARY MULHERN: Thank you.

09:54:50 Next.

09:54:50 Speaking on an item on the agenda.

09:54:52 >> Good morning, community activist Michelle Williams, 1268

09:54:59 long crest drive, Riverview, Florida, here in regards to

09:55:02 item number 63.

09:55:03 Again I say good morning to everyone in the city.

09:55:07 A lot of people know me as an activist where I mind my own

09:55:11 business.

09:55:12 But when the business of the city doesn't make sense, that's

09:55:14 when it becomes my business.

09:55:17 Leaving can Club Empire open with the murders that have

09:55:20 happened in there, it is a disgrace for any business owner

09:55:23 to allow what has happened in this establishment.

09:55:27 After the first murder, something should have been did done.

09:55:32 The first one came, something should have been done.

09:55:34 Now I am dealing with a grieving family, a mourning

09:55:37 community, and how many times, how many murders of black

09:55:40 men, how many murders of black patrons have to take place in

09:55:46 the establishment of Club Empire?

09:55:50 African-Americans can be murdered, it's not cool anymore.

09:55:56 I'm very passionate when it comes to the affairs of the

09:55:59 black community, because I have known and I have noticed

09:56:01 that some of you have turned a deaf ear.

09:56:04 You have put your vanities over your blitz, but yet still

09:56:08 when it's time for you to become a politician, you want to

09:56:13 use and come to our community.

09:56:16 No more political horn in the black community unless you can

09:56:20 take care of the affairs in the black community.

09:56:23 Murders will not be allowed in the establishment anymore.

09:56:29 Now, the evidence is on the wall.

09:56:34 I'm standing behind Chief Castor and Chief of Command

09:56:39 Bennett and the Tampa Police Department on this one.

09:56:41 And if Joe Brewer is watching me at home, sir, you will not

09:56:47 make any more off any black dollars walking in your

09:56:52 nightclub when you can't address the issues of not even

09:56:55 having the decency of the respect to shut down the club for

09:56:58 a week while the family mourns.

09:57:00 Now, the reason why I didn't speak more in front of this

09:57:08 nightclub is because we don't have a big enough overflow

09:57:10 room.

09:57:11 Now, either the problems are going to be addressed, or

09:57:15 honey, let me tell you something, I got four brand new

09:57:18 bullhorns and I will be right outside your window.

09:57:20 >>MARY MULHERN: This is a public hearing, and public

09:57:32 meeting.

09:57:32 It is not a performance.

09:57:34 And we are not going to have applause.

09:57:35 >> My name is Richard Boom, and I am speaking as a business

09:57:41 owner in Ybor City.

09:57:42 I run a small pub on 7th Avenue near the Club Empire and

09:57:48 I cannot impress upon you enough how this impacts not only

09:57:51 my business, but all of the small business owners in Ybor

09:57:54 City.

09:57:55 This is a black eye we simply cannot afford.

09:57:59 And I have been in front of previous administrations in

09:58:02 meetings at the mayor's office asked the question, how high

09:58:06 does the stack of violations and citations have to be until

09:58:11 something is declared a public nuisance?

09:58:15 Not in the interest of the -- the legal counsel advises you

09:58:23 that you cannot afford legal action against Club Empire.

09:58:28 And I encourage you that you cannot afford not to.

09:58:31 It's time to do something.

09:58:32 It's time to do something positive.

09:58:35 I don't know the way that you do that.

09:58:42 Perhaps to pull the weather zoning so they are no longer

09:58:44 allowed to sell alcohol.

09:58:46 Perhaps it is the city buy the building and knock it down

09:58:51 and do something nice for the community.

09:58:53 Perhaps various agencies can be brought to bear to actually

09:58:57 enforce the codes that are in existence right now to the

09:59:01 maximum.

09:59:02 Something has to be done down there.

09:59:04 And I ask what has to happen?

09:59:09 Does someone else have to die?

09:59:11 So I think you have not only the legal authority but the

09:59:14 moral authority to take action against Club Empire right

09:59:17 now.

09:59:17 Thank you.

09:59:18 >>MARY MULHERN: Thank you.

09:59:19 Next.

09:59:25 >> Good morning.

09:59:27 Don Barco, 13101 burns lake drive.

09:59:30 I own king Corona cigars in Ybor City.

09:59:34 And this Club Empire, everything that this young lady had to

09:59:40 say, I agree with everything she said, and all of her anger.

09:59:45 I feel that anger because this has been going on for years.

09:59:48 And there's no way that this place should be allowed to

09:59:50 continue to do business.

09:59:53 I have people -- it's an embarrassment.

09:59:55 The number one thing is people are dying in this club.

09:59:59 This guy is attracting a clientele that comes down to Ybor

10:00:02 City and spreads pain and misery, and they kill people.

10:00:08 We spent hundreds of hours trying to figure a way to market

10:00:13 Ybor City, to let people know that Ybor City is a nice place

10:00:16 to come to for everybody.

10:00:18 And these incidents keep on happening, and it's just not --

10:00:23 we can't do it any longer.

10:00:25 It's an embarrassment.

10:00:27 Now, I have people, customers that I barely know that are

10:00:30 coming up to me.

10:00:31 This is just to reflect to you what an embarrassment it is

10:00:34 to the city.

10:00:35 They are coming up to me in my store and saying, who is this

10:00:39 guy?

10:00:39 Who does he know?

10:00:40 Why is he still allowed to stay open?

10:00:44 This is just an abomination and it should be closed

10:00:48 yesterday.

10:00:49 He should not ever have another business that has alcohol as

10:00:52 part of it.

10:00:53 The wet zoning should be dried up.

10:00:55 However you can do it, it needs to be done.

10:00:57 Thank you.

10:00:58 >>MARY MULHERN: Thank you.

10:01:01 Next.

10:01:02 >> Good morning, council.

10:01:10 I'm Eric Schiller, with Gaspar's Grotto in Ybor City, 1805

10:01:16 East 7th Avenue.

10:01:19 I don't know where to begin.

10:01:21 I only have two minutes.

10:01:22 I also wants to talk about Club Empire, Mr. Brewer.

10:01:27 The young lady who spoke so passionately, grieving families,

10:01:33 no one's life is worth more than any other, but very

10:01:36 shortly, sometime soon as I wrote in a letter to you and you

10:01:40 read it, one of these officers' families is going to be here

10:01:43 and you are going to pass a resolution, because they are

10:01:46 going to be dead.

10:01:48 We are going to lose an officer or two, and I don't mean to

10:01:52 say that officers are more important than the citizens of

10:01:56 any community here.

10:01:58 They are not.

10:01:59 But it's foreseeable.

10:02:01 It's coming.

10:02:05 As I stand here before you, that's what's going to happen.

10:02:08 We know it's going to happen.

10:02:10 You have the power to begin a procedure to stop that.

10:02:16 If you don't, it will come.

10:02:19 We are going to lose one or more police officers.

10:02:22 We are going to leave police officers widows and children,

10:02:27 and I would rather not have to come here again and say "I

10:02:30 told you so."

10:02:31 And how are you going to feel?

10:02:33 How are you going to feel when that happens?

10:02:37 Or other members of the community also are killed.

10:02:43 How are you going to feel?

10:02:44 We have to stop it.

10:02:45 Thank you.

10:02:45 >>MARY MULHERN: Thank you.

10:02:47 I would like to announce, anyone who is out in the hallway

10:02:50 or downstairs watching, if you are going to be speaking on

10:02:54 an agenda item, please, you need to come up and be ready to

10:02:59 do that.

10:03:00 >> Good morning.

10:03:02 Joseph Capitano, Lykes Avenue, Tampa, Florida.

10:03:07 I am a property owner in Ybor City.

10:03:09 And feel very strongly that something has to be done.

10:03:13 The killings and the atmosphere and the effect of kids being

10:03:19 killed and the chaos that this club has caused in Ybor City,

10:03:27 it wouldn't be tolerated anyplace else.

10:03:29 So why is it being tolerated in Ybor City?

10:03:31 I don't understand.

10:03:32 We are in support of the police department, the city,

10:03:35 whoever.

10:03:36 I'm very sorry about this young man that got killed, the one

10:03:39 that was shot.

10:03:40 But as a property owner, the devaluation of our properties

10:03:43 in Ybor City because of this club is a drastic, and the

10:03:46 businesses that are suffering, the tourism, the bad name

10:03:49 that we are having, something has to be done, and we are

10:03:51 requesting that whatever it takes to suspend the license or

10:03:54 do what you have to do, something has to be done.

10:03:56 I'm talking as a business member in Ybor City for a long

10:04:01 time and feel very strongly what this young lady said a

10:04:04 minute ago is absolutely true and we are begging to you do

10:04:08 something about it as soon as you possibly can.

10:04:11 We can't wait much longer.

10:04:12 Thank you.

10:04:13 >>MARY MULHERN: Next.

10:04:14 >> Good morning.

10:04:21 I'm Sharon Jones.

10:04:22 I'm his mother, the guy that got killed in the club.

10:04:26 I am going to ask that you please shut this club down.

10:04:29 I'm fighting for my son.

10:04:31 My son cannot fight for himself.

10:04:34 His life was taken because this club allows guns in here.

10:04:37 No guns should be allowed anywhere, period.

10:04:40 But this is the business and my son wasn't dead even three

10:04:45 days and they was allowed to open this club back up and now

10:04:50 in my face like it was nothing.

10:04:52 This is my only child, my only son, and I'm please asking

10:04:56 you all to please close this down.

10:04:57 My son is not even here today to say happy birthday and I

10:05:02 have to stand up here and speak for my child.

10:05:05 I'm asking you all please do not allow this anymore.

10:05:07 I don't want nobody's family to go through this.

10:05:11 Please, shut this down.

10:05:12 >>MARY MULHERN: I'm very sorry.

10:05:18 >> Good morning and thank you.

10:05:25 Property owner in Ybor City.

10:05:28 Approximate to the Empire.

10:05:30 I endorse all the comments that you have previously heard on

10:05:33 this topic.

10:05:35 I think that the issue for the city is the health, safety

10:05:38 and welfare of the community.

10:05:40 And, obviously, it's an unsafe area.

10:05:44 If that wasn't true, you wouldn't have a company of police

10:05:47 down there every Thursday, Friday and Saturday night heavily

10:05:50 armed trying to prevent violence and other crimes from

10:05:54 coming out of one establishment.

10:05:57 And I certainly am not against someone having a right to

10:06:00 operate their business.

10:06:01 It's part of what this country is about.

10:06:03 But I think there are restrictions on types of businesses.

10:06:08 For example, a drug business we would shut down.

10:06:11 Prostitution.

10:06:12 Lots of businesses we regulate would shut down.

10:06:15 Businesses which openly endanger the health, safety and

10:06:20 welfare, in this poor's mother's case, killed her son, need

10:06:24 to change their business model, or they need to move on.

10:06:28 Frankly, the litigation risk issue, which was raised

10:06:32 earlier, there is a limitation on the city's exposure.

10:06:35 But you realize that the city every weekend, Thursday,

10:06:38 Friday and Saturday, is spending thousands of dollars

10:06:41 putting extra police and their squad cars down there just to

10:06:46 stop that problem.

10:06:47 And that amount exceeds any litigation risk that the city

10:06:52 has.

10:06:53 So I would encourage you please to explore other

10:06:56 alternatives for the Empire club.

10:07:00 And for the betterment of our community.

10:07:02 Thank you.

10:07:02 >>MARY MULHERN: Thank you.

10:07:03 Next.

10:07:03 >> Ericka Lewis, I'm a resident here in the City of Tampa.

10:07:12 This Club Empire needs to really shut down.

10:07:15 How do you run a business to where you have to put

10:07:19 airport-style security at your front door?

10:07:21 There's no way possible.

10:07:23 You should be able to walk inside of a club and be like that

10:07:27 and guns still get into the club.

10:07:29 They have three doors.

10:07:30 Front door, back door, back door.

10:07:33 If you put a metal detector on the front door but not the

10:07:36 side door and the back door.

10:07:38 So this club needs to be shut down.

10:07:43 It's a senseless murder.

10:07:45 It's not the only murder that's happened at the club,

10:07:47 outside the club as well.

10:07:49 People get robbed.

10:07:49 People have Dr. You have underage children in this club.

10:07:54 My godson was killed there.

10:07:56 And he's only 20 years old.

10:07:59 He had a drink in his hand.

10:08:01 How did he buy a drink in this club?

10:08:03 They smoke drugs in this club.

10:08:05 They pay the security to get in the club when they are

10:08:08 underage to get in there.

10:08:09 It shunts be like that.

10:08:10 It should be an establishment that you need to be 21 and up

10:08:16 but you need to take the wet zoning in this place so the guy

10:08:19 can't open his club back up again.

10:08:21 Okay.

10:08:26 He licenses in other people's names, gets the wet zoning

10:08:29 away from it so it cannot be a club.

10:08:31 These kids have to be held accountable for what happened in

10:08:35 the City of Tampa for allowing this club to stay open as

10:08:38 well.

10:08:39 Thank you.

10:08:39 >>MARY MULHERN: Thank you.

10:08:41 Next.

10:08:46 Next.

10:08:47 Is anyone going to speak on an agenda item?

10:08:52 >> I would like to speak on an agenda item and also one of

10:08:55 those items, 52 to 55.

10:08:58 >>MARY MULHERN: You can speak on the other agenda item now

10:09:01 and the 50 and 55, the solicitation ordinance, you have to

10:09:05 wait to speak on that.

10:09:06 >> I can speak again, though?

10:09:08 >>MARY MULHERN: Yes.

10:09:09 >> Christopher Kohler, 10607 Carrollwood lane, Tampa.

10:09:15 33608.

10:09:18 And I acquaint Ybor at times, and over the years, it's gone

10:09:24 up and down in popularity.

10:09:26 But there was a humongous hit to Ybor City when the Empire

10:09:30 started promoting specifically to a particular type of

10:09:36 music, type of lifestyle, that attracted criminal element.

10:09:40 And it has ruined the business, a number of businesses have

10:09:44 gone out of business because they don't have as many people

10:09:46 coming through there.

10:09:47 It's not just the economy.

10:09:48 People are afraid.

10:09:50 They have installed all those cameras up and down, there's

10:09:52 police on every corn.

10:09:54 It shouldn't be like that.

10:09:55 And I don't think you should change the zoning of that

10:09:59 building.

10:09:59 I think there ought to be a business operating in that

10:10:01 building that's safe and operating in a good way so that we

10:10:06 don't have murders and robberies and all this going on.

10:10:09 So I think it's the business of operating there and the type

10:10:12 of clientele to which they are promoting the business.

10:10:17 It's a thug culture and it's apparently cool in some of

10:10:24 those circles to carry guns around and to use them, and it's

10:10:27 not healthy.

10:10:29 So I hope you can do something about it.

10:10:31 But I don't wants to see the use of the building ruined.

10:10:34 It's a nice historic building, and there have been

10:10:36 businesses in the past that have worked, operated there, and

10:10:39 done okay.

10:10:40 Thank you.

10:10:41 >>MARY MULHERN: Thank you.

10:10:43 Next.

10:10:44 Anyone wishing to speak on items on the agenda?

10:10:46 >> My name is Alan Kahana, 13208th Avenue.

10:10:55 I have some affidavits from 20 business owners and residents

10:10:59 that I would like to submit also that are out in the

10:11:01 audience that didn't feel like they would have a chance to

10:11:03 come and speak.

10:11:05 Asking for City Council to hold a public hearing to review

10:11:09 the question of the revocation or suspension of the license

10:11:12 as soon as possible.

10:11:14 That's under your authority, and we are requesting that you

10:11:17 do that based on the fact that Empire is clearly a public

10:11:21 nuisance by the definition given in common law.

10:11:24 Thank you.

10:11:24 >>MARY MULHERN: Thank you.

10:11:32 Next.

10:11:32 >> Good morning.

10:11:37 Fran Costantino.

10:11:39 I'm speaking today as a resident, property and business

10:11:42 owner in Ybor City.

10:11:44 I'm also president of the east side but we did not have time

10:11:47 to have a board meeting so we can have a consensus on it.

10:11:50 But something has to be done.

10:11:53 I lost two sales last month.

10:11:55 It's now affecting me personally.

10:11:56 There was a condo on 17th street that I showed, and as

10:12:00 the guy was leaving, there was like 17 underage kids leaving

10:12:04 Club Empire, went two blocks, huge fight, throwing up in the

10:12:10 street, and his comment to me was, show me a place as far

10:12:14 away from Ybor City as you possibly can.

10:12:17 We go to a lot of meetings.

10:12:21 We attend vision meetings, workshops.

10:12:25 Everything for the success of Ybor is bring residents.

10:12:31 Well, as long as this occurs, we are not going to have

10:12:34 residents in Ybor City.

10:12:36 I go to all the meetings, and they go, Fran, be quiet, let's

10:12:39 keep this under the table, let's sweep it under the rug, we

10:12:42 don't want any bad press.

10:12:44 Well, when you have headlines like this, this is the bad

10:12:48 press.

10:12:49 If we don't speak out, then there's nothing to counteract,

10:12:52 and so the public is feeling like, okay, well, it's okay

10:12:55 with them.

10:12:56 They can live there, they can work there, but we can't speak

10:12:59 up.

10:13:00 Well, now what?

10:13:01 We have our Constitutional rights, too.

10:13:03 And I also -- and I know this is on TV, but I also put a lot

10:13:08 of blame on legal.

10:13:10 (Bell sounds)

10:13:14 Chip Fletcher, David, and now Jim Shimberg.

10:13:18 But we can't be afraid of being sued.

10:13:20 He has a right.

10:13:21 Let him sue.

10:13:22 But we also have rights.

10:13:23 And this is your decision to revoke those licenses.

10:13:26 And if a lawsuit comes out of it, it just does.

10:13:28 But we are pleading with you to please shut this club down.

10:13:33 Mary, I know when the panhandling you said, okay, well, this

10:13:35 is all anecdotal.

10:13:37 Just bring me some figures, bring me some statistics.

10:13:41 Now what?

10:13:41 They are here.

10:13:42 Thank you.

10:13:42 (Bell sounds)

10:13:44 Thank you.

10:13:44 >>MARY MULHERN: I think there may be some seats in here, if

10:13:52 anyone is out in the hall wishing to speak.

10:14:00 Is there room for some more people?

10:14:03 If you have been able to speak, please step outside at least

10:14:06 for now so that the people who are here to speak can come in

10:14:09 and be ready to speak.

10:14:10 Thank you.

10:14:11 >> Tony LaColla, President of the historic Ybor neighborhood

10:14:16 civic association.

10:14:18 I'm here today representing the residents of Ybor City.

10:14:22 For nearly a decade, Empire has been a nuisance night club

10:14:26 bringing with it thugs and gang members.

10:14:29 It's been the site of shootings, stabbings, assaults, even

10:14:34 robberies and rape in the neighborhood.

10:14:36 All stemming from one nightclub.

10:14:38 The bad apples in the nightclub.

10:14:41 It's time that City Council actually take action and do

10:14:43 something.

10:14:45 And not being afraid of being sued by the club owner.

10:14:48 The amount of money that's invested in Ybor City every year

10:14:52 with marketing, police protection, we are talking millions

10:14:55 of dollars have been spent in Ybor City.

10:14:58 Spend a little bit of money.

10:15:00 Shut this place down.

10:15:00 Take away the wet zoning.

10:15:03 Special use permit for alcohol is a privilege.

10:15:06 It's not a right.

10:15:07 You are not taking away someone's right to sell alcohol.

10:15:10 You are taking away their privilege.

10:15:11 Club Empire and the owners have abused that privilege and

10:15:15 it's time to take it away.

10:15:18 I'm sorry, but we are affected.

10:15:20 Our property values have gone down.

10:15:22 We have to fear for our safety when we are walking down the

10:15:24 street at night.

10:15:25 Enough is enough.

10:15:26 Time to take action.

10:15:27 Thank you.

10:15:27 >>MARY MULHERN: Thank you.

10:15:31 >> My name is Dave Scott.

10:15:36 I am a resident of Ybor City.

10:15:37 I am on the Board of Directors of the homeowners association

10:15:41 for the Ybor condominium association representing about a

10:15:45 thousand people and their guests.

10:15:48 We own the art gallery on 7th Avenue and part owner of

10:15:52 the laughing cat restaurant in Ybor.

10:15:53 I would offer to the council, there's really two serious

10:15:58 issues here.

10:15:59 One is public safety in good order, and empathy for families

10:16:04 that have been injured by the violence that has taken place

10:16:08 in this particular club and brought it to clubs that

10:16:11 deliberately target a criminal clientele to come into their

10:16:15 establishment for profit.

10:16:17 It's inconsistent with good order in a community like ours.

10:16:22 The other aspect is that there comes a time for action.

10:16:32 This is a member of the community that has distanced

10:16:34 themselves from a community spirit.

10:16:36 We have taken great strides, made great progress in changing

10:16:41 Ybor City from just an entertainment area that could only

10:16:46 comes alive at night late into a more balanced economy, an

10:16:51 attractive place to live, work and play.

10:16:54 The people who live there feel safe.

10:16:56 They do not feel safe close to this one establishment.

10:16:58 And if we miss the opportunity to make a clear statement,

10:17:05 but the kind of activity that takes place in this club will

10:17:08 no longer be tolerated, we set a new standard.

10:17:10 When Empire goes away and another club comes in, they will

10:17:13 feel free to crawl gradually back into the types of activity

10:17:16 that threaten our community, that make people afraid to move

10:17:20 there, that make them avoid that part of town, that deter

10:17:25 investment dollars from coming into that district, and it is

10:17:27 offensive to a community that represents a great pride to

10:17:31 the City of Tampa.

10:17:32 This was the place where people came to take advantage of

10:17:34 the rights to make the most of their opportunity.

10:17:38 Emigrated here to be free and to invest themselves in a

10:17:41 communities.

10:17:42 We need to bring Ybor back to that state.

10:17:44 Thank you for your help.

10:17:46 >>MARY MULHERN: Thank you.

10:17:47 Next.

10:17:47 >> Good morning.

10:17:53 My name is John Doble, 1600 east 8th Avenue, the owner

10:17:58 of the Tampa Bay brewing company.

10:18:00 I'm here to urge the council to strongly consider taking the

10:18:07 privilege of the liquor license from Club Empire.

10:18:12 I don't need to go on for hours over the problem.

10:18:16 You have heard everything about it.

10:18:18 I think it's time to act.

10:18:20 Thank you.

10:18:20 >>MARY MULHERN: Thank you.

10:18:23 Next.

10:18:28 Is there anyone wishing to speak on agenda items?

10:18:31 Please be ready.

10:18:33 >> Good morning.

10:18:37 I'm Samantha Polk, a new resident to Ybor, just bought a

10:18:41 house, and I have been around the club scene for about ten

10:18:45 years.

10:18:47 I was working in Ybor years ago, and as far as I have always

10:18:51 known, Empire was the worst of all the clubs.

10:18:56 I have never, ever gone there.

10:18:57 And to allow this club to continue to have liquor license,

10:19:06 is really setting the standard for the community to allow

10:19:09 murder and other horrible things.

10:19:11 So please, as a new resident, don't allow this club to be

10:19:15 open anymore.

10:19:16 Thank you.

10:19:16 >>MARY MULHERN: Thank you.

10:19:18 Next.

10:19:34 >> How you doing? My name is Tyrone.

10:19:37 I couldn't help but notice the woman's loss of her son.

10:19:41 >> I'm sorry, sir, could you give us your full name and

10:19:43 address?

10:19:44 >> Tyrone Turber and I'm a Tampa Bay citizen and I couldn't

10:19:51 help notice her losing her son, and I am going agree about

10:19:55 shutting down Empire as well, because we are spending too

10:19:58 much money for the enforcement down there, when there are no

10:20:00 jobs going on.

10:20:03 Also as well, killing is going on at a club shouldn't be

10:20:06 necessary to have to open up a club after a killing going on

10:20:10 there.

10:20:10 I believe that should have been pursued a long time ago from

10:20:13 the first killing, to also as well that young kids are

10:20:19 getting alcohol, going crazy and losing their lives is

10:20:21 another reason why you should shut down this club also as

10:20:24 well.

10:20:24 So you have every reason today to shut this club down.

10:20:29 I feel sad for the loss of her son, which should never

10:20:35 happen.

10:20:35 The club was protected the way it's supposed to have been.

10:20:38 She wouldn't have ever lost her son.

10:20:40 Her son never would have got an alcohol cup in the beginning

10:20:43 if he had showed his ID.

10:20:45 And so I am also going along with this as well.

10:20:48 We are spending way too much money down in Ybor City.

10:20:51 There's people losing so much right now.

10:20:55 We need to spend our money wisely.

10:20:57 We need to get this situation done with.

10:20:59 Thank you.

10:20:59 >>MARY MULHERN: Thank you.

10:21:01 Next.

10:21:04 Is there anyone else wishing to speak on an agenda item?

10:21:08 Please, if there's anyone here wishing to speak on an agenda

10:21:12 item and you are able to stand up, please stand up and be

10:21:14 ready to speak.

10:21:15 Thank you.

10:21:15 >> My name is Estenfeld, a citizen of Tampa.

10:21:22 I have lived and worked in Ybor for the past 15 years.

10:21:26 I used to work at Empire.

10:21:29 It was bad then.

10:21:30 It's bad now.

10:21:31 They continuously allow, knowingly allow underage people

10:21:34 there to drink.

10:21:35 If you take away their liquor license, nobody will go,

10:21:38 because the only reason people go is you get five for one

10:21:43 drinks.

10:21:44 They do not pat people down.

10:21:45 It is actually encouraged, if you carry, to show there.

10:21:52 I have worked in Ybor.

10:21:54 I have lived down there.

10:21:55 I have lost people down there.

10:21:57 I have lost friends because of Empire.

10:21:59 I know you cannot legally shut the business down, but you

10:22:03 can take away their liquor license, and that will shut them

10:22:06 down.

10:22:06 >>MARY MULHERN: Thank you.

10:22:09 Next.

10:22:09 >>FRANK REDDICK: Can I request how much time we have left?

10:22:15 >>MARY MULHERN: Yes.

10:22:16 How much time do we have left?

10:22:18 Clerk?

10:22:20 >>THE CLERK: Until 10:40.

10:22:22 >>MARY MULHERN: We have 18 minutes.

10:22:23 So are there people in this audience who are wishing to

10:22:28 speak on agenda items?

10:22:30 Please stand up and stand along the wall if you are able to

10:22:33 stand.

10:22:34 And please come up right now.

10:22:35 Anyone wishing to speak.

10:22:37 If there's people out in the lobby or downstairs who want to

10:22:42 speak on agenda item, you need to come up toward the

10:22:45 chambers.

10:22:48 Please come forward if you are wishing to speak on an agenda

10:22:51 item.

10:22:51 >> My name is Wilton Day. I reside at 6122 Galleon Way,

10:23:03 Tampa.

10:23:03 I'm here representing Greater Mount Carmel AME church,

10:23:08 speaking on agenda item 57.

10:23:11 I have been here before.

10:23:11 >>MARY MULHERN: Is that a public hearing, sir?

10:23:16 I'm sorry, you need to speak at the time of the public

10:23:20 hearing.

10:23:20 >> We were downstairs.

10:23:22 >>MARY MULHERN: I'm sorry.

10:23:23 >> We came up but we couldn't get in.

10:23:27 >>MARY MULHERN: All right.

10:23:29 We are speaking on agenda items that aren't listed as public

10:23:32 hearings.

10:23:32 You will have the opportunity to speak when we get to that

10:23:34 soon.

10:23:34 So please have a seat.

10:23:37 Thank you.

10:23:39 I guess I need to make that clear.

10:23:41 If your item is a public hearing, noticed public hearing,

10:23:44 you will speak at the time that it comes up on the agenda.

10:23:46 So if there are any other agenda-related items that are not

10:23:50 public hearings --

10:23:53 >> Madam Chair, maybe to clarify, we can give those

10:23:58 numbers -- maybe the clerk can do that and give us those

10:24:01 numbers so that --

10:24:03 >>MARY MULHERN: Yeah, thank you.

10:24:05 That's a good suggestion.

10:24:06 Items number 52 through 59 are public hearings.

10:24:16 So if your item is 352 through 59, we'll take that up as we

10:24:19 get to it.

10:24:21 Is there anyone else who wishes to speak on an agenda item

10:24:24 that is not number 52 through 59?

10:24:30 Seeing no one, is there anyone who wishes to speak on

10:24:34 non-agenda items?

10:24:35 Please come forward.

10:24:37 Please step to the mike.

10:24:39 >> Joseph Capitano, Jr., 1320 East 9th Avenue.

10:24:45 Just with regards to Club Empire.

10:24:46 I know you have heard a lot today.

10:24:48 Just wanted to make mention, knowing that there are legal

10:24:52 issues surrounding this, and our research showed that

10:24:59 sometime 10 to 15 years ago that there is a precedence, the

10:25:03 city took action against a club, and just wanted to point

10:25:09 that out for council as they consider how they should

10:25:12 proceed in this matter.

10:25:14 Thank you.

10:25:14 >>MARY MULHERN: Thank you.

10:25:16 Anyone else, agenda item?

10:25:17 >> Kaylee Duffin. My address is 13-29th Avenue, here

10:25:25 also to enforce the fact that those of us who are property

10:25:30 owners and who have business interests in Ybor City, there's

10:25:34 no question that Club Empire has negative effects on

10:25:39 businesses and surrounding properties.

10:25:45 They have continued to have disorderly conduct around the

10:25:51 area.

10:25:52 There is criminal activity around the area.

10:25:56 And this affects all of us who are property owners, and

10:26:01 people who live in the neighborhood, and we are asking that

10:26:05 City Council have a public hearing so that there can be some

10:26:10 determination what should happen to this business.

10:26:15 And hopefully it won't be in business after you have a

10:26:20 public hearing.

10:26:20 >>MARY MULHERN: Thank you.

10:26:22 Next.

10:26:29 >> My name is Karen Goff, a resident of Ybor City, last five

10:26:34 years. I'm commercial real estate agent as well.

10:26:37 I understand the owners of Club Empire want to save money

10:26:41 but they had four and a half years to -- adhere to the

10:26:48 community, to people that live there, established this T

10:26:52 residential area.

10:26:53 We have over a thousand people that live in Ybor, on the

10:26:58 Board of Directors there, and we are just tired of the

10:27:00 problems, tired of the bad reputation.

10:27:03 This is our home.

10:27:04 Thank you.

10:27:04 >>MARY MULHERN: Thank you.

10:27:06 Next.

10:27:06 Is there anyone else wishing to speak on the agenda items?

10:27:16 Please come forward if you are on a non-agenda item and

10:27:19 we'll just take people as they come up now.

10:27:21 >> It's about the panhandling.

10:27:36 >>MARY MULHERN: That's a public hearing.

10:27:37 Was that included in those numbers?

10:27:38 >> Yes, it was it.

10:27:39 >>MARY MULHERN: I'm sorry.

10:27:42 Items 52, is it, the public hearings?

10:27:47 54.

10:27:50 Items 52 through 59 are public hearings.

10:27:53 We'll get to those on the list.

10:27:56 Thank you.

10:27:56 >> I wish to speak about Occupy Tampa.

10:28:04 Is this the appropriate time?

10:28:06 >> Yes.

10:28:06 >> Okay.

10:28:12 You need to give your name and address.

10:28:14 >> James Dale Golder. I live in Dade city, Florida, but at

10:28:23 Occupy Tampa.

10:28:24 I do not speak for Occupy Tampa.

10:28:28 I know everyone supports the Constitution and the right of

10:28:34 citizens to peaceably assemble, especially the government

10:28:38 officials who swore under oath to protect and defend the

10:28:43 Constitution.

10:28:45 The City Council and county elected officials also have a

10:28:49 duty to protect the rights of everyone, such as keeping the

10:28:56 roads clear and sidewalks.

10:28:58 And I understand that.

10:29:00 Everyone I have talked to are proud that no one has been

10:29:05 arrested.

10:29:12 All of my contact with Tampa Police Department officers has

10:29:15 been very cordial.

10:29:18 I only ask that a compromise be reached with the sleeping

10:29:27 over in the City of Tampa.

10:29:29 Sleeping over is an important part of our movement.

10:29:32 I understand we are allowed to sleep on the side of the

10:29:37 sidewalk.

10:29:39 (Bell sounds)

10:29:39 Okay.

10:29:42 Yes, TPD officers will tell us to remove sleeping bags and

10:29:46 so on, which we have done.

10:29:48 I have done it twice.

10:29:52 I believe that's at 6 a.m.

10:29:54 And again, they are very polite and cordial.

10:30:03 No one that I have spoken with blames the TPD officers for

10:30:07 doing their jobs.

10:30:10 So please come up with a fair and reasonable way for the

10:30:14 sleepers to stay.

10:30:16 >>MARY MULHERN: Thank you, sir.

10:30:17 Next.

10:30:18 I think we have how many minutes do we have left, clerk?

10:30:24 We only have five minutes.

10:30:26 So we are going to hear from two and a half people,

10:30:30 apparently.

10:30:31 So the rest of the public speakers will have to come back at

10:30:33 the end of the meeting, unless council wishes to give more

10:30:37 time.

10:30:37 I just want to let you speakers know that if you want your

10:30:41 other people to be able to speak, keep it brief and try not

10:30:45 to repeat.

10:30:45 >> My name is Tim Sommers, 39946 Summers Drive, Dade city,

10:30:55 Florida, here to speak about Occupy Tampa.

10:31:00 The night time operations out there.

10:31:01 For the last few weeks, we have gotten very organized.

10:31:04 We have created a lot of different social groups as far as

10:31:06 we have got media, we have got security, we have a kitchen

10:31:10 group, we have taken all the steps to stay in compliance

10:31:13 about W the laws.

10:31:14 We have done this so that we can -- so the City of Tampa can

10:31:19 show the rest of the United States that this can be done

10:31:21 peaceably. We don't need arrests and things that are going

10:31:25 to impede our movement.

10:31:27 I want you to keep in mind that this isn't just a typical

10:31:30 protest.

10:31:30 This is a movement, okay.

10:31:32 This is a global movement.

10:31:33 This is something that we are going to be a part of, and we

10:31:37 need your support on.

10:31:38 Thank you.

10:31:38 >> Good morning.

10:31:46 Any name is Bobby Ali, 35119 west Linebaugh Avenue.

10:31:51 I just wanted to clarify something that sleeping on the

10:31:55 sidewalk, a protest, none of pus, I don't think anybody has

10:32:03 any comprehension of what's going on with sleeping, so when

10:32:07 you read your law books and say, oh, sleeping is not

10:32:09 allowed, sleeping is not what they are doing.

10:32:14 Most of us are blessed with great houses, beautiful houses.

10:32:17 We will sleep in our house.

10:32:18 We come there to protest.

10:32:20 Takes protest.

10:32:21 It's covered by the Constitution.

10:32:22 And please, take your role seriously.

10:32:25 The second thing is, let me just forget the future, maybe in

10:32:29 two weeks you have 500 arrests, families, people, and we

10:32:35 have seen the pictures from New York City.

10:32:36 How are you going to explain to people that are protesting,

10:32:41 how are you going to explain people sleeping?

10:32:43 How are you going to do that?

10:32:44 You say protest is covered by the amendment, covered by

10:32:47 Constitution.

10:32:47 That's all I have to say.

10:32:48 Thank you for your time.

10:32:49 >>MARY MULHERN: Thank you.

10:32:50 Next.

10:32:50 >> Oh, I'm sorry.

10:32:58 >>MARY MULHERN: Please speak into the microphone.

10:33:00 >> I have a copy of L.A. resolution to let people sleep and

10:33:07 I also have a copy of a federal judge, intervening just

10:33:10 today, to stop cities from issuing tickets to occupiers.

10:33:15 And I have several copies of this.

10:33:21 I think it is a federal matter, the Constitution.

10:33:24 >>MARY MULHERN: Thank you.

10:33:25 Next.

10:33:26 >> Christopher Kohler, Carrollwood lane.

10:33:30 I strongly believe that everyone in the United States should

10:33:33 have the right to have their voice heard under the first

10:33:35 amendment.

10:33:37 However, in this case, I think that sleeping in a public

10:33:41 space is not exercising that right.

10:33:45 It is sleeping.

10:33:47 I don't think there's any reasonable interpretation of the

10:33:50 Constitution or the statutes that would indicate that

10:33:53 sleeping in a public space is public speech, or public

10:33:59 assembly.

10:34:00 And I wanted to take the kids down to the children's museum

10:34:04 over the weekend, and they were swarmed with all of these

10:34:08 people screaming and shouting, and waving signs, and

10:34:12 walking -- blocking the sidewalks, et cetera.

10:34:17 On your agenda, items 11 -- 16 through 21, organizations,

10:34:22 legitimate organizations that have applied for permits, they

10:34:26 pay for insurance, they pay for security, they indemnify the

10:34:29 city.

10:34:29 None of this is happening here.

10:34:31 We have the Republican national convention coming.

10:34:33 So we have got to find a way that people can properly

10:34:36 protest and have their voices heard but without occupation.

10:34:40 The word occupation on its face, it's not a protest, it's

10:34:45 taken over an area.

10:34:46 And I think it's inappropriate.

10:34:49 Let's find either a street that we can block off that people

10:34:53 can protest in during the proper daylight hours and allow

10:34:57 them to have their say.

10:34:58 The other thing is that there are campgrounds in

10:35:01 Hillsborough County where people are allowed to stay

10:35:03 overnight, but I don't know that there are any here in the

10:35:06 city.

10:35:07 And I think if they want to stay overnight somewhere that

10:35:10 they should be in a place that's made for it.

10:35:12 So thank you for hearing me.

10:35:13 >>MARY MULHERN: Thank you.

10:35:15 >> Brad Sparkman, Tampa Bay resident.

10:35:20 I would like to see maybe a motion come from the chair or

10:35:23 one of the board members, you see the organized passion

10:35:26 behind those who wish to speak.

10:35:29 I would like to see a motion to expand the speaking time on

10:35:31 this particular item so that everyone that is currently

10:35:34 present on this topic could be heard.

10:35:37 >>MARY MULHERN: What is the pleasure of council?

10:35:42 Councilwoman Capin?

10:35:45 >>YVONNE CAPIN: We have business that we need to take care

10:35:47 of.

10:35:52 They can come back.

10:35:53 >>MARY MULHERN: Yes, everyone has the opportunity to speak.

10:35:57 You can come back at the end of the meeting.

10:35:59 We have a very, very full agenda.

10:36:00 We have to get to the items on our agenda.

10:36:02 >> Well, respectfully, the agenda is going to be full all

10:36:05 day as you can see.

10:36:06 The City Hall is full.

10:36:07 And I think that probably the best way to handle it orderly

10:36:10 is topic by topic.

10:36:12 I have seen probably 100 people out here waiting to be

10:36:14 heard.

10:36:15 And this agenda item was put off towards the very end of the

10:36:18 list on this -- in this particular section.

10:36:21 And to see a motion come from one of the chairpersons, I

10:36:24 don't believe, is asking too much at this point.

10:36:26 >>MARY MULHERN: This is our business meeting where we

10:36:31 conduct public business, and we have made an exception today

10:36:35 to our rules to add this to the agenda.

10:36:37 It is not a regular agenda item.

10:36:41 So it's up to council to decide.

10:36:43 This is our meeting.

10:36:44 We need to decide --

10:36:46 >> Respect, any Councilwoman, this would be also a

10:36:48 Constitutional item as well.

10:36:50 And I don't believe that it's out of order.

10:36:52 I believe that it would be a concession on your part.

10:36:55 >>MARY MULHERN: Thank you.

10:36:56 We are trying to run our meeting.

10:36:57 And to accommodate everyone who is here.

10:36:59 So council, what is the pleasure of council?

10:37:02 >>FRANK REDDICK: Madam Chair, can we get a count of how

10:37:13 many people are willing to speak and limit the number?

10:37:20 Because we are not going to be able to hear 100 people

10:37:25 speak.

10:37:25 But if we can get a count of how many are willing to speak,

10:37:31 and Madam Chair, and we can limit to one minute and extend

10:37:38 it for another 15 minutes, I would be willing to accept

10:37:40 that.

10:37:40 >>MARY MULHERN: Is that a motion?

10:37:45 >>FRANK REDDICK: Yes.

10:37:45 >>MARY MULHERN: Is there a second?

10:37:49 No?

10:37:50 >> Surely we could get a second.

10:37:54 Madam Chairman, please.

10:37:55 >>MARY MULHERN: There is no second.

10:38:00 Is his two minutes up yet?

10:38:02 We don't normally have a discussion during public comment

10:38:05 either.

10:38:05 >> Dies for lack of a second, right?

10:38:10 >>MARY MULHERN: Next.

10:38:13 Our time is up.

10:38:17 We are going to conduct the rest of our meeting.

10:38:20 And people are welcome to come at the end of the meeting.

10:38:23 I can't tell you what time that will be.

10:38:25 It will be sometime this afternoon.

10:38:26 So if you are here to speak on anything that is not a public

10:38:32 hearing, you can come back this afternoon.

10:38:36 And if there are people who are not in the room who are here

10:38:40 for items on the agenda, please come to the door, and the

10:38:44 people who were here to speak and aren't going to be able to

10:38:49 or have already spoken and not going to stay for our regular

10:38:52 meeting, if you could please make space available in the

10:38:56 chambers for the people who are here for agenda items.

10:38:59 And you are welcome to come back this afternoon so that we

10:39:02 can hear you.

10:39:05 Councilwoman Capin.

10:39:07 >>YVONNE CAPIN: I want to reiterate that no one on this

10:39:10 council -- everyone is -- will be heard.

10:39:16 >>MARY MULHERN: Shhh.

10:39:17 [Sounding gavel]

10:39:18 >>YVONNE CAPIN: You need to come back in the afternoon.

10:39:23 Thank you.

10:39:25 >>MARY MULHERN: We don't know what time.

10:39:29 We will take a break and we will probably be back here at

10:39:31 1:30 but we will probably be continuing with our regular

10:39:34 items.

10:39:38 We don't know what time.

10:39:39 The meeting will reconvene at 1:30 and I would guess not

10:39:44 before 3:00.

10:39:44 But that's just a guess.

10:39:49 You can call over here or send someone over here to find

10:39:52 out.

10:39:55 Thank you.

10:39:57 We are moving onto our public hearings.

10:39:59 We are going to hear item number, I believe, 59.

10:40:25 I ask that all --

10:40:27 >>MARY MULHERN: Please, we are trying to conduct a meeting.

10:40:30 You can come back in the afternoon for public comment.

10:40:32 >>MARTIN SHELBY: I ask that all written material which has

10:40:34 been available for public inspection at City Council's

10:40:36 office relative to today's hearings be received and filed by

10:40:40 motion at this time.

10:40:40 >> So moved.

10:40:41 >> Second.

10:40:42 >>MARY MULHERN: All in favor?

10:40:43 Aye.

10:40:43 >>MARTIN SHELBY: Secondly, just a quick reminder, City

10:40:47 Council, to disclose any ex parties communications relative

10:40:49 to any of today's hearings, and disclose when it occurred,

10:40:53 and with whom, and the sum and substance of that

10:40:57 communication.

10:40:58 Finally, Madam Chair, these are quasi-judicial.

10:41:01 Anybody who needs to speak would need to be sworn.

10:41:03 Thank you.

10:41:03 >>MARY MULHERN: Is there anyone here wishing to speak on

10:41:19 public hearings, items 52 through 59?

10:41:23 Please stand and be sworn.

10:41:24 (Oath administered by Clerk)

10:41:25 Reread move to open the public hearing item 52 through 59.

10:41:39 >> Second.

10:41:41 >>MARY MULHERN: All in favor?

10:41:43 Item number 59.

10:41:44 >>JULIA COLE: City of Tampa legal department.

10:41:53 As you may recall, under discussion at first reading this

10:41:57 rezoning is coming back to you at second reading as a result

10:42:00 of a court order.

10:42:02 I remind City Council, this is a public hearing.

10:42:05 It is limited only to discussions as it relates to the court

10:42:09 order, and also wanted to state that these site plans, from

10:42:17 the original hearings in which you heard this back in

10:42:20 January 2009, that site plan has been certified and been

10:42:25 given to the clerk to be included within the rezoning

10:42:28 ordinance.

10:42:29 I'm available for any questions.

10:42:30 >>MARY MULHERN: Thank you.

10:42:41 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.

10:42:44 On behalf of the petitioner Blanchard, I respectfully

10:42:48 request that the motion be moved approving the ordinance.

10:42:51 And I reserve the rest of my comments for rebuttal, if

10:42:56 necessary.

10:42:56 >>MARY MULHERN: Is there anyone who wishes to speak on item

10:42:59 number 59?

10:43:00 >> Rebecca John, 201 North Franklin Street, suite 2000 and

10:43:10 they asked me to come on their behalf to express their

10:43:15 appreciation to council on this matter and they also asked

10:43:17 that clarification be made as to which site plan was

10:43:19 approved, that Julia has already taken care of that.

10:43:24 So thank you very much for the past two years road.

10:43:29 Thank you.

10:43:29 >>MARY MULHERN: Anyone else?

10:43:33 Mr. Grandoff?

10:43:36 >>JOHN GRANDOFF: I have nothing further.

10:43:37 >>FRANK REDDICK: Move item number 59.

10:43:41 >>MARY MULHERN: Motion to close?

10:43:42 >> Oh, move to close.

10:43:44 >>YVONNE CAPIN: Move item 59.

10:43:46 >>MARY MULHERN: We have a motion to close.

10:43:47 All in favor?

10:43:48 Councilwoman Capin?

10:43:55 >>YVONNE CAPIN: An ordinance being presented for second

10:43:57 reading and adoption, an ordinance rezoning property in the

10:43:59 general vicinity of 3310 west Lykes Avenue in the city of

10:44:04 Tampa, Florida and more particularly described in section 1

10:44:07 from zoning district classifications RS-100 residential

10:44:11 single-family to PD planned development residential,

10:44:16 single-family detached, providing an effective date.

10:44:17 >> Second.

10:44:20 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

10:44:22 by Councilman Suarez.

10:44:24 All in favor, please vote and record.

10:44:28 No?

10:44:29 Do we need to do voice?

10:44:30 >>THE CLERK: We are having some technical issues with the

10:44:35 machine.

10:44:35 >>MIKE SUAREZ: Yes.

10:44:39 >>YVONNE CAPIN: Aye.

10:44:40 >>FRANK REDDICK: Yes.

10:44:42 >>MARY MULHERN: No.

10:44:43 >>HARRY COHEN: Yes.

10:44:46 >>THE CLERK: Motion carried with Mulhern voting no, and

10:44:50 Miranda and Montelione being absent.

10:44:52 >>MARY MULHERN: We will move to -- we are going to move to

10:45:01 the public hearing.

10:45:12 I think we should move and hear items number 53 through 55

10:45:30 and then back to 52.

10:45:31 >>REBECCA KERT: I'm here on item 53, 54 and 55.

10:45:36 53 is an ordinance which repeals your current regulations

10:45:39 regarding solicitation in the right-of-way.

10:45:41 54 is an ordinance creating new regulations on solicitation

10:45:48 in the right-of-way, allowing for solicitation only on

10:45:51 Sunday.

10:45:52 And 55 is a separate regulation, business regulation

10:45:55 allowing newspaper street sales.

10:45:58 Items 54 and 55, I presented substitute ordinances as I told

10:46:04 you that I would at the last meeting to clean up two small

10:46:07 errors in the ordinances.

10:46:08 You have heard extensive testimony over many months, and

10:46:12 received many exhibits on this.

10:46:14 This is your public hearing.

10:46:16 All the findings previously made have been incorporated into

10:46:19 the ordinances, and the whereas clauses, and this is the

10:46:25 time for your public hearing at second reading.

10:46:27 Thank you.

10:46:27 >> I believe that we adopted the substitute ordinances.

10:46:32 I think we are going to hear -- if this is acceptable to

10:46:39 council, if we hear from the public on all three items at

10:46:42 once because they are interrelated.

10:46:45 So anyone wishing to speak on any of those items, 53 through

10:46:50 54, this is your opportunity.

10:46:53 And I am going to ask again, anyone who wishes to speak, if

10:46:58 they have been sworn.

10:47:01 They don't need to be sworn.

10:47:02 >>MARTIN SHELBY: Not on these particularly.

10:47:05 That would be 53, 54 and 55.

10:47:08 >>MARY MULHERN: 53, 54 and 55.

10:47:10 This is the opportunity to speak.

10:47:11 >> My name is Charles Smalling, 3108 N -- 33611, Tampa,

10:47:19 Florida 33611.

10:47:20 I am a cab driver in Hillsborough County.

10:47:23 From one end of Pinellas County to the other end are

10:47:25 panhandlers.

10:47:27 They knock on my window, want to speak to my customers.

10:47:30 I see them intimidating ladies.

10:47:31 Something needs to be done.

10:47:34 These families have been sitting on the same corner for five

10:47:36 years, not because they are hungry.

10:47:40 They make the money they need to make.

10:47:42 It's a job. We need help.

10:47:47 So Mrs. Mulhern, you have been in my cab and I can't take

10:47:52 care of my customers.

10:47:55 This has got to stop.

10:47:57 Somewhere along the line, you have to hold the line and say,

10:47:59 look, no more.

10:48:01 As far as selling papers, they are working trying to make a

10:48:05 living.

10:48:06 Let member Reddick them stay on the corners.

10:48:07 They are not hurting anybody and they don't get in anybody's

10:48:10 face.

10:48:12 Thank you very much.

10:48:13 >>MARY MULHERN: Thank you.

10:48:14 >> My name is Thom Gilbert, citizen of Tampa.

10:48:22 I'm speaking on the panhandling part.

10:48:26 I believe we have not invested in Tampa Bay enough in jobs

10:48:34 because you have people without support of their jobs, have

10:48:37 no way to make any type of income at all whatsoever.

10:48:41 These people have this only means of making money.

10:48:45 And without these means of making money right here, there

10:48:47 will be a whole bunch of chaos and all type of things

10:48:51 happening in the city.

10:48:53 We totally need something before we talk about taking away

10:48:59 something from someone that actually needs it.

10:49:01 You have people that had careers, and no longer can get a

10:49:07 job because of their education that they have, because they

10:49:12 have bachelors degrees, and they can't even get a job.

10:49:15 So they need these means to be able to support themselves.

10:49:19 Also, some people have children along with them also as

10:49:22 well, that they have to support kids, babies as well along

10:49:26 with them that they do not want to be taken away.

10:49:29 So they panhandle to feed these kids, to feed themselves, to

10:49:33 clothe themselves as well.

10:49:34 Without these means right here, they have no jobs, there

10:49:37 will be a whole bunch of chaos.

10:49:39 And let's invest first, then we can think about taking away

10:49:43 panhandling from these people.

10:49:45 But until we invest and make some type of money and means

10:49:48 and jobs in this city, I believe we should allow these

10:49:51 people to panhandle, to make means for themselves, so that

10:49:54 way they can have something to look forward to.

10:49:58 Thank you.

10:49:58 >>MARY MULHERN: Thank you.

10:50:02 Next.

10:50:02 >> My name is Donna Crider. My temporary address is 4929

10:50:08 East 7th Avenue.

10:50:11 I came here, I was going to write a speech and everything,

10:50:14 but I have come here to speak to you from my heart.

10:50:23 I have a flyer or what you call panhandling.

10:50:25 I hurt my back at work.

10:50:27 Now I can't work.

10:50:28 I am 20 months into a 24-month disability case.

10:50:32 I don't go to these charities because they want me to sign

10:50:38 my paycheck, my settlement check from this facility case I'm

10:50:42 getting, over to them, so that they can slice it up and give

10:50:46 me back what they feel that I should take.

10:50:50 Okay.

10:50:51 So I am going to use that to get off the streets.

10:50:54 But right now, I don't have any other means but to flyer.

10:51:02 I can't work.

10:51:02 And how long can a person go without eating?

10:51:11 I know it's less than six days.

10:51:14 And less for water.

10:51:16 If I can only eat one day a week, how am I going to survive?

10:51:27 I can't even buy coffee in the morning if I don't have cash

10:51:32 in my pocket.

10:51:32 I need other things that takes cash.

10:51:36 Clothes, stuff like that.

10:51:39 Off spray for the mosquitoes.

10:51:41 $7 a can.

10:51:44 Anyway, I have some ideas that may help implement what he

10:52:00 was saying, investing in trying to alleviate poverty in

10:52:05 America.

10:52:08 And if you want to hear -- I have been trying to talk to the

10:52:11 Occupy Tampa for two weeks now, and they keep blocking me

10:52:14 because they don't want to hear my ideas.

10:52:18 Anyway, I would still like to know how I am going to eat if

10:52:23 I can only fly a sign one day a week.

10:52:27 That's all I have got to say today.

10:52:29 Thank you.

10:52:30 Have a nice day.

10:52:31 God bless you all.

10:52:32 >> I live at 9410 north Rome circle.

10:52:42 This remained me a lot of the stuff I saw on the news about

10:52:46 the people on Social Security locked in a basement.

10:52:55 This is like the morality that we have come to, as a city,

10:52:59 as a state.

10:53:00 Is this really where we are going, to starve people that

10:53:05 have no other means, Looney patients for lack of a better

10:53:13 word, now. How are they supposed to do anything?

10:53:15 What about a lot of bums, generally, or should I say

10:53:19 homeless people?

10:53:22 It's really upsetting to see that our country and our

10:53:28 politics are going down this way, you know.

10:53:30 It's really a sad day.

10:53:33 We used to care about people, to be able to follow our

10:53:40 Constitutional rights, and basically just the pursuit of

10:53:46 liberty and happiness, and we don't have that anymore.

10:53:52 People that have trusted all these bankers to take care of

10:53:59 their 401(k)s, now they don't have them and now they are

10:54:02 going to be bums, too, and what are we going to do when they

10:54:05 lose their home?

10:54:07 All these people are just going to be running around on the

10:54:09 street dying?

10:54:12 That's all I have got to say.

10:54:13 >> I would just like to finish up a little bit.

10:54:21 >>MARY MULHERN: (off microphone) You can only speak once

10:54:29 on one item.

10:54:29 >> Okay.

10:54:30 >> Samantha Bowden. I wanted to follow up.

10:54:35 It's addressing a symptom and not the disease of poverty.

10:54:41 I can only speak for myself.

10:54:43 We are addressing the issues of poverty.

10:54:45 The homeless are welcome at our camp. And we will feed you.

10:54:46 And we are about having a voice and about listening to the

10:54:53 board.

10:54:57 Take donations from charitable sources.

10:55:01 >>MARY MULHERN: Next.

10:55:04 Next.

10:55:04 >> Clayton Cullaton, 908 East Lake Avenue.

10:55:13 I represent students for USF.

10:55:16 And I just wanted to talk about the panhandling.

10:55:21 There are thousands of students on the USF campus.

10:55:25 There are students in this ram who all want to make a stand,

10:55:31 do something for our community.

10:55:34 The City of Tampa would like to claim the college,

10:55:38 University of South Florida, and I think that banning

10:55:47 panhandling ---panhandling isn't the best option for these

10:55:51 people.

10:55:51 The best option, there's something else.

10:55:52 But I'm telling you from my perspective, from my classmates,

10:55:55 from thousands of students that I'm in communications with

10:55:58 constantly, at the University of South Florida, we want to

10:56:02 do something, empower us, please, empower the thousands of

10:56:05 people who are in the streets of Tampa occupying Tampa right

10:56:08 now.

10:56:08 We want to do something for the bottom 3% of this city.

10:56:12 This is not the right way.

10:56:14 These people who are flying signs, they do not have the

10:56:17 opportunity to vote in favor of something that would keep

10:56:20 them in jobs as you did.

10:56:23 I'm sorry, as did you for the newspapers.

10:56:27 That will keep you in place.

10:56:30 If you were to vote against this, against the newspapers,

10:56:33 you would have come into a hard time having them speak well

10:56:40 about you.

10:56:40 That's a clear concept when you are talking about this.

10:56:45 You voted 6 to have 1.

10:56:47 One of those votes is not going to fare well with the

10:56:50 newspapers.

10:56:51 There's in a reason why these people get -- it's

10:56:54 uncomfortable to see them on the side of roads but I'm sure

10:56:56 that the woman who was here in the yellow sweatshirt was not

10:57:00 aggressively going after women in a cab.

10:57:04 This is criminalizing poverty.

10:57:07 I'm sorry.

10:57:07 But taking them, you have people being shot in clubs, and

10:57:11 now the police, whenever this mandate is in force, now they

10:57:15 are going to be taking people from the streets and taking

10:57:18 them downtown to jail.

10:57:21 Is that the best use we can have for our police officers,

10:57:23 the best use for taxpayer money going towards enforcing a

10:57:27 mandate, simply so people cannot help the fellow citizens?

10:57:31 I do not mind giving somebody a bottle of water, giving them

10:57:34 a dollar so that they can go do whatever they are going to

10:57:37 do.

10:57:38 But I want to talk one minute about or 30 seconds, I guess,

10:57:42 I met a woman named CHERELLE and she was standing outside

10:57:47 the Salvation Army, and we asked her, we said, do you need

10:57:52 anything?

10:57:53 And all she said was, yeah, I need a pair of clean

10:57:56 underwear.

10:57:56 And then after talking to her for a second she told us that

10:58:00 she has been diagnosed HIV positive.

10:58:04 This is because she's on the streets, and she was being

10:58:06 raped by people who are on the street.

10:58:09 Now there are people who want to help in the situation.

10:58:13 Please empower us.

10:58:14 I'm standing here asking you please empower us.

10:58:16 Thank you.

10:58:17 >>MARY MULHERN: Thank you.

10:58:18 >> John danner, 908 east Lake Avenue.

10:58:27 So, okay, so we began today with an invocation to God, and I

10:58:31 want to invoke his name again and urge to you do what's

10:58:34 right and just.

10:58:35 Because I promise you there is not a God that would support

10:58:39 your efforts to silence the poor and strip them further of

10:58:42 their dignity.

10:58:43 At least be honest about what you are doing here.

10:58:45 This is not about safety.

10:58:48 We would not put a stoplight on a corner where there are no

10:58:50 car accidents.

10:58:51 And if it was about safety and the welfare of people on the

10:58:54 streets, the people bending over backwards to make exemption

10:58:59 force newspapers.

10:59:00 Councilman Mulhern said it clearly last week, we are making

10:59:05 the decisions based on who can afford to sue us and it's

10:59:08 very sad.

10:59:08 It is very sad.

10:59:10 It's very sad.

10:59:13 You have been at this for over a year waiting for newspapers

10:59:15 to pass a law.

10:59:16 This is the criminalization of poverty.

10:59:18 This is not a Constitutional ordinance, and there will be

10:59:21 lawsuits.

10:59:21 This is not a moral law and there will be conscious

10:59:25 disobedience.

10:59:26 You are clearly functioning out of a value that does not

10:59:30 defend the defenseless, and I assure you that the God

10:59:34 invoked this morning is on the side of those that have

10:59:36 nobody on their side.

10:59:37 If you vote for this law you vote for an enemy of God, the

10:59:43 Constitution, and basic ethics.

10:59:45 Vote no.

10:59:46 >>MARY MULHERN: Next.

10:59:49 >> Don rode, office at 412 Madison street.

10:59:59 Just briefly, I did want to say that I am in favor of the

11:00:02 occupation of Tampa, and every city in this country that has

11:00:08 two or more people living there.

11:00:10 With that, I want you to know that I am also in favor of the

11:00:13 ban that you passed before, that you are going to try to

11:00:16 confirm today, because I think panhandling is no solution

11:00:22 causing them the problems.

11:00:24 Particularly panhandling in the center of the road.

11:00:26 It's dangerous.

11:00:28 It causes accidents.

11:00:29 It hurts police officers.

11:00:31 It's hurt my clients.

11:00:33 It's hurt other people's clients.

11:00:36 I would also add that it's parts and parcel of your logic in

11:00:39 passing the ban that you would also consider taking some

11:00:43 affirmative, open-minded, brand new steps towards some type

11:00:47 of homeless intervention.

11:00:50 What's on the books now, the practice practices now are

11:00:53 woefully inadequate, they are unfair, they are unjust, they

11:00:57 stifle incentive for people to do these good acts which are

11:01:00 to help their brothers and sisters who are not as fortunate

11:01:04 as them.

11:01:05 If panhandling was an answer to this, would you be able to

11:01:08 go to a panhandler sometime and borrow money.

11:01:11 Try it.

11:01:12 Thank you.

11:01:12 >>MARY MULHERN: Thank you.

11:01:16 Next.

11:01:16 >> 3520 broad street.

11:01:23 Susan Long.

11:01:24 Everyone knows what my position is.

11:01:26 I want to thank you for your vote last time and hope that

11:01:29 you will vote for this ordinance again this time.

11:01:31 I also want you to know that when we decide what we are

11:01:36 going to do with the money in this city, one of the things

11:01:38 they are talking about, a million dollars to the Sports

11:01:47 Authority.

11:01:48 I think that money should go toward basic needs.

11:01:52 We need to find the money and take care of them.

11:01:55 But today we need to pass the ban.

11:01:57 Tomorrow we need to take care of the needy.

11:01:59 Thank you.

11:01:59 >>MARY MULHERN: Thank you.

11:02:03 Next.

11:02:03 >> Joseph Caetano, Grand Hampton, Tampa, Florida.

11:02:10 Two years ago I made a motion to put panhandling, a ban.

11:02:15 I couldn't get a second.

11:02:16 Today, we are going to have a 4 to 1 vote from what I have

11:02:20 been reading in the newspaper.

11:02:22 And we need it.

11:02:24 But we still have to do something for these people.

11:02:32 We are already talking about building a stadium for the

11:02:34 Rays.

11:02:35 And we are probably going to a lawsuit over that.

11:02:38 But we need to do something just like they did in Pinellas

11:02:41 County.

11:02:42 Thank you.

11:02:42 >>MARY MULHERN: Thank you, Mr. Caetano.

11:02:46 >> Brad Sparkman, 2816 Wincrest Oaks.

11:02:53 Investigator by trade of 25 years, pastor by calling.

11:02:56 Council, or chairwoman, I would like to thank you.

11:03:01 Your office was the only one to respond to my phone calls

11:03:03 over the last ten days.

11:03:07 There is no way oh

11:03:20 You can't ban it or make it go away.

11:03:22 You can't shift to the another city.

11:03:24 Can't shift to the another burden.

11:03:26 Most of you sitting up here today are people of faith.

11:03:35 Invoked God today in our opening prayer.

11:03:38 I don't want to be radical but I am a pastor.

11:03:42 What you have done to the least of these you have done unto

11:03:44 me.

11:03:44 The second greatest commandment in the New Testament is

11:03:47 treat your neighbor as yourself.

11:04:10 Had a job can Sandy Freeman when he got here.

11:04:14 Charlie Miranda didn't show up today because he doesn't need

11:04:17 to be a swing devote. So has there been something discussed

11:04:21 out of the sunshine if we are here for a final vote?

11:04:24 If we are done down to a 4-1 vote I think obviously it's

11:04:27 been a discussion.

11:04:28 My wife and I seven days ago picked up a homeless man.

11:04:34 He was shaking so bad, nobody would stop.

11:04:37 The first thing he did was hand me a card.

11:04:40 He had Huntington's disease.

11:04:43 We took this man home for home and for three hours basted

11:04:47 him, clothed him, bandaged his feet, put new Shaw's on him,

11:04:51 clothes, and a set of clothes for six days.

11:04:56 I can't save him for being homeless but I don't have to

11:04:59 ignore him.

11:05:00 For you to take the right for me to roll my window down and

11:05:04 to offer assistance to someone in need is not fair.

11:05:08 I don't believe it's Constitutional.

11:05:10 I think any attorney coming out of law school, this would be

11:05:13 a 101 attorney action, class action lawsuit.

11:05:21 Against the City of Tampa.

11:05:22 It's not constitutional.

11:05:23 You can't take the people's ability to express themselves.

11:05:26 As far as I'm concerned, respectfully, the biggest

11:05:30 panhandlers that we have in Tampa, they stand on the corners

11:05:33 of every street.

11:05:35 They knock on every Dar.

11:05:37 Begging for money.

11:05:38 Asking for donations when they run for elected office.

11:05:45 This is not what a first-class city does.

11:05:47 If we are going to be a first-class city, let's don't be

11:05:51 reactionary.

11:05:52 Let's be proactive.

11:05:53 Let's have a solution before we take care of a problem.

11:05:56 A ban today will not make homelessness go away.

11:05:59 We feed 200 people every Saturday under the bridge.

11:06:02 You guys ran us off three weeks ago.

11:06:05 Now we are on 78th street.

11:06:08 >>MARY MULHERN: Thank you.

11:06:09 >> But it's not about panhandling.

11:06:11 You want the homeless gone.

11:06:12 >>MARY MULHERN: Thank you.

11:06:13 We need to hear from the others.

11:06:15 >> And 200 people every Saturday when you asked to leave the

11:06:20 City of Tampa.

11:06:21 >>MARY MULHERN: Next.

11:06:23 >> Hi.

11:06:30 My name is Susan Allison Edwards.

11:06:32 I live here in Tampa.

11:06:34 In New Suburb Beautiful.

11:06:36 I go to the Presbyterian church.

11:06:39 I'm a member of PTA.

11:06:45 This gentleman just stole my thunder.

11:06:49 But I would like her to share with you all that I am against

11:06:54 the panhandling ban.

11:06:56 I believe that the homeless has as much right to the street

11:07:04 as everyone else, and I know you all do use the streets.

11:07:07 I have campaigned for different people at Jan Platt library

11:07:12 and I have seen you all there.

11:07:14 I do know that you do ask people for money because I

11:07:17 contributed to your campaign.

11:07:19 So I have to reiterate that the last man's -- he is a

11:07:27 minister.

11:07:27 I'm just a Sunday schoolteacher.

11:07:29 But his quotes from the baseball, and they are true, and I

11:07:37 hope you all consider those in making your vote and consider

11:07:42 that we do know that you all do stand in the streets

11:07:48 accepting votes and working for your campaigns, and we do

11:07:51 know that you all do ask for money.

11:07:56 And Illinois hold the homeless in the same regard as I hold

11:08:01 you all.

11:08:02 You all have your rights and they do, too.

11:08:04 >>MARY MULHERN: Thank you.

11:08:07 I need to ask that you only speak if you are at the

11:08:11 microphone.

11:08:13 It's distracting.

11:08:16 And you are going to leave if you are going to be making

11:08:18 noise or speaking from the audience.

11:08:22 Thank you, sir.

11:08:22 >> My name is Randy Pines.

11:08:26 I'm a life-long resident of Tampa, Florida.

11:08:28 I know most of you.

11:08:29 Good morning.

11:08:30 I'm here to speak on the panhandling issue.

11:08:34 I don't think it's right that we criminalize poverty.

11:08:37 I agree something needs to be done.

11:08:39 And I have heard several suggestions.

11:08:43 But I think we are putting the cart before the horse.

11:08:46 I think we have got to come up with a solution before we

11:08:49 throw them off the corners of the streets.

11:08:51 I understand it's uncomfortable.

11:08:54 It's uncomfortable for all of us.

11:08:56 But for the grace of God goes each and every one of us.

11:09:00 If one of us gets terminally ill or seriously ill, and you

11:09:04 lose your job, you lose your insurance, and then you will

11:09:08 slowly lose everything you have, I think you need to rethink

11:09:12 this situation.

11:09:14 Thank you.

11:09:14 >>MARY MULHERN: Thank you.

11:09:16 Next.

11:09:16 >> My name is Mark Crawford, Tampa, Florida.

11:09:25 I would like to first say that none of us are staying on the

11:09:28 street without good reason.

11:09:29 I cannot believe that we are trying to ban panhandling at a

11:09:31 time of unprecedented poverty that has been put upon us

11:09:35 through a stock market crash, a lot of business practices

11:09:39 that have taken the homes away from America, and have

11:09:42 increased the problem that we are faced with right now.

11:09:48 I think that we should be trying to put people back in the

11:09:50 homes that they once owned that were taken from them instead

11:09:54 of trying to get the people who everybody taken out of them

11:09:58 off the streets, out of public view, and essentially starve

11:10:01 them with no other resource.

11:10:03 Thank you.

11:10:03 >>MARY MULHERN: Thank you.

11:10:06 Is there anyone else wishing to speak on these three items?

11:10:12 If you are wishing to speak and you haven't spoken on these

11:10:14 items, come up now.

11:10:15 This is it.

11:10:16 >>HARRY COHEN: Move to close the public hearing.

11:10:22 >>MARY MULHERN: Okay.

11:10:27 Did council have any questions for staff or TPD or legal?

11:10:32 No, okay.

11:10:33 Motion to close the public hearing?

11:10:35 All in favor?

11:10:37 Aye.

11:10:38 Anyone opposed?

11:10:43 I think we need motions, individual motions for these.

11:10:46 >>HARRY COHEN: Madam Chair, I move an ordinance being

11:10:50 presented for second reading and adoption, an ordinance of

11:10:54 the city of Tampa, Florida amending City of Tampa code of

11:10:57 ordinances chapter 25-transportation, repealing section

11:11:02 25-173, public safety requirements for soliciting business

11:11:07 or contributions from within street rights-of-way, repealing

11:11:11 all ordinances or parts of ordinances in conflict therewith,

11:11:14 providing for severability, providing an effective date.

11:11:16 >>FRANK REDDICK: Second.

11:11:21 >>MARY MULHERN: I just am going to speak on this motion,

11:11:27 and the other two that will follow now, before we pass them.

11:11:32 For the people who are new to this discussion, it's been

11:11:36 going on for a year.

11:11:38 We heard from Councilman Caetano, former Councilman, who led

11:11:45 the efforts to do this, and he was on council for almost a

11:11:50 year and working toward having some restrictions on

11:11:55 solicitation, but also toward finding ways for it not to

11:11:59 have the difficult effects it's going to have on people.

11:12:05 Everyone on this board, the foreman council and this

11:12:08 council, and those of us who have been here for both have

11:12:14 struggled and worked on this and have listened to the

11:12:17 public, and arrived at what are compromises that allow some

11:12:27 panhandling to continue, that allow newspaper sales to

11:12:31 continue, that allow some of the public speech that might

11:12:37 have been limited, and so this is not -- was not a simple

11:12:41 decision for any of us.

11:12:44 And I am not going to vote for it because I just feel that

11:12:51 it is a beginning of criminalizing poverty.

11:12:59 I just morally couldn't do that.

11:13:02 And I have to give credit to my colleagues here who have

11:13:10 taken the road and trade to appease everyone in this

11:13:18 community, because you are not hearing it today, but we have

11:13:21 been hearing it for a year, non-stop pressure to do

11:13:24 something about this.

11:13:25 So today we are hearing from people who are against it.

11:13:29 A lot of people we have never heard from before until today.

11:13:32 But we have been hearing from the other people who

11:13:38 apparently not too many of them were courageous enough to

11:13:40 come and stand up here and ask for this.

11:13:43 And this council has been forced and had to deal with it.

11:13:50 So I just want to say that.

11:13:51 And I can't support it.

11:13:55 Councilman Reddick, then Councilwoman Capin.

11:13:57 >>FRANK REDDICK: Thank you.

11:13:58 I just have a question.

11:14:02 Mr. Shimberg, I just have one question.

11:14:07 If this passes today, when will this go into effect?

11:14:11 >>JIM SHIMBERG: November 1st.

11:14:11 >>FRANK REDDICK: November 1st.

11:14:14 Will there be any public notification prior to November

11:14:17 1st, to inform those who are out on the street that it's

11:14:21 going into effect?

11:14:23 >>JIM SHIMBERG: I'm sure there will be a lot of press, but I

11:14:26 don't know about any official notices.

11:14:36 I think the police department will probably give them some

11:14:38 warnings but I'm not positive.

11:14:40 >>MARTIN SHELBY: Council, this is a legislative matter, not

11:14:52 a quasi-judicial.

11:14:53 >>FRANK REDDICK: Okay.

11:14:55 >> I have been sworn.

11:14:58 I was in the conference room.

11:14:59 >>MARY MULHERN: You don't have to be sworn.

11:15:02 >> Chief O'Connor, Captain, Tampa Police Department.

11:15:05 If this goes into effect November 1st, our plan for the

11:15:09 first week that it's in effect is to go on a campaign to

11:15:12 educate everyone out there.

11:15:13 So we will be -- everyone we come in contact with that is

11:15:18 panhandling, we are going to let them know it is now against

11:15:21 the law, and we are going to present them with the law and

11:15:23 explain to them, and what we are going to do is we are going

11:15:26 to document that encounter with them so the oh other

11:15:30 officers who No who we did tell and who we didn't.

11:15:34 And once you have been warned and you know from that point

11:15:36 forward, they would be subject to a charge.

11:15:38 >>FRANK REDDICK: Okay, thank you.

11:15:40 That's all.

11:15:42 >>YVONNE CAPIN: I just wanted to speak on when we talk about

11:15:47 the homeless, and the businesses, there's no doubt that this

11:15:55 is, but we also need to look at -- I have been on council a

11:15:59 little over a year, and this is my sixth or seventh meeting

11:16:03 on this very subject.

11:16:05 So that would be every other month.

11:16:09 And we hear from a lot of people that I have not heard from

11:16:12 before.

11:16:14 But I will tell you what we did hear and what we have worked

11:16:18 on is an arrest diversion campaign, which is being led by

11:16:31 citizens just like yourselves, and that we heard from, and

11:16:35 that we brought forth ad at workshops.

11:16:38 We are looking into properties, we are working with the

11:16:41 county, we are working on this problem.

11:16:51 You can stream us on your computer.

11:16:54 We are several times a week on the channel.

11:16:57 And you will see that this process is more than just the

11:17:06 banning of solicitation or the compromise which is what we

11:17:08 are reaching hopefully today.

11:17:11 But it's more than that.

11:17:13 We have been working.

11:17:15 We know the issue of homelessness is a very large issue.

11:17:19 I participated in the homeless coalition phone banking, and

11:17:27 the numbers came in at 17,000 people in Hillsborough County.

11:17:33 We are very aware of that.

11:17:35 That is not news to us.

11:17:37 And we have been working, and we will continue to work on

11:17:41 that.

11:17:44 And I thank you.

11:17:45 And thank you for being here today.

11:17:46 >>MARY MULHERN: I just want to add to that, everyone on

11:17:52 this council has been working on these issues, and several

11:17:56 of us participated in the homeless count this year and two

11:18:00 years ago, the last time they did this.

11:18:02 I know that all of us, we heard from the citizens group

11:18:07 that's doing the arrest diversion program, and we have been

11:18:12 meeting with, I know, Councilman Cohen has been doing a lot

11:18:14 of work on this, Councilwoman Capin, I believe Councilman

11:18:19 Reddick.

11:18:20 I think all of us have been working on this trying to find a

11:18:22 place for people who would be arrested under this new law

11:18:28 that we are passing to have alternatives to that, and the

11:18:33 mayor has agreed to work on helping us find a site.

11:18:38 The sheriff's office is working on it.

11:18:40 Council is working on it.

11:18:42 And the citizens group is working on it.

11:18:44 So we are trying to find alternatives and to really get to

11:18:49 the -- help solve some of the underlying problems.

11:18:57 Councilman Cohen.

11:18:57 >>HARRY COHEN: Very briefly, just to add to what the chair

11:19:01 said, this should not be the end of this discussion.

11:19:07 This really should be the beginning of this discussion.

11:19:10 Because there is an awful lot that needs fixing in this

11:19:13 community to deal with homelessness and poverty, and we hear

11:19:18 the voices out there that are asking us to deal with that.

11:19:21 But we also have to respond to the voices that encourage us

11:19:25 to keep order on our streets, and in our traffic patterns,

11:19:28 and in the daily lives of this community.

11:19:32 And I have been extremely gratified by the way in which this

11:19:36 council has come together to compromise on some very, very

11:19:41 difficult issues that all of us have wrestled with.

11:19:46 I would say we are doing the best we can to represent what

11:19:48 our constituents want, and ware going to continue to move

11:19:50 forward to try to address the larger issues in this

11:19:53 community over the next few years.

11:20:08 >>MARY MULHERN: Thank you.

11:20:13 We actually have a motion on the floor to pass the -- unless

11:20:18 council wants.

11:20:22 Sir, you cannot speak from the audience.

11:20:24 We had our public comment section already.

11:20:27 Anyone who wishes to speak can come back this afternoon and

11:20:30 speak on anything else.

11:20:32 Councilman Cohen?

11:20:34 There's a motion on the floor.

11:20:36 Motion made by Councilwoman -- no, Councilman Cohen,

11:20:41 seconded by Councilman Suarez.

11:20:46 Can we have roll call vote?

11:20:48 >>MIKE SUAREZ: Yes.

11:20:51 >>YVONNE CAPIN: Yes.

11:20:52 >>FRANK REDDICK: Yes.

11:20:54 >>MARY MULHERN: No.

11:20:55 >>HARRY COHEN: Yes.

11:20:58 >>THE CLERK: Motion carried with Mulhern voting no, and

11:21:01 Miranda and Montelione being absent.

11:21:04 >>HARRY COHEN: I would like to move an ordinance being

11:21:08 presented for second reading and adoption, an ordinance of

11:21:11 the city of Tampa, Florida amending City of Tampa code of

11:21:15 ordinances chapter 25, transportation, creating section

11:21:19 25-173, solicitation and distribution on public roads,

11:21:24 repealing all ordinances or parts of ordinances in conflict

11:21:27 therewith, providing for severability, providing an

11:21:30 effective date.

11:21:30 >>MIKE SUAREZ: Second.

11:21:32 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

11:21:35 by Councilman Suarez.

11:21:36 Did you read the substitute ordinance?

11:21:38 >>HARRY COHEN: Yes.

11:21:39 >>MARY MULHERN: Roll call, please.

11:21:41 >>MIKE SUAREZ: Yes.

11:21:43 >>YVONNE CAPIN: Yes.

11:21:44 >>FRANK REDDICK: Yes.

11:21:47 >>MARY MULHERN: No.

11:21:48 >>HARRY COHEN: Yes.

11:21:50 >>THE CLERK: Motion carried with Mulhern voting no, and

11:21:53 Montelione and Miranda being absent.

11:21:56 >>HARRY COHEN: I move an ordinance of the city of Tampa,

11:22:01 Florida amending city of code of ordinances chapter 6,

11:22:04 business regulation, creating differentiation 12 of article

11:22:07 3, newspaper street sales allowed, repealing all ordinances

11:22:10 or parts of ordinances in conflict therewith, providing for

11:22:14 severability, providing an effective date.

11:22:15 >>MIKE SUAREZ: Second.

11:22:17 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

11:22:20 by Councilman Suarez.

11:22:23 Voice roll call, please.

11:22:24 >>MIKE SUAREZ: Yes.

11:22:27 >>YVONNE CAPIN: Yes.

11:22:28 >>FRANK REDDICK: Yes.

11:22:29 >>MARY MULHERN: No.

11:22:31 >>HARRY COHEN: Yes.

11:22:32 >>THE CLERK: Motion carried with Mulhern voting no, and

11:22:37 Montelione and Miranda being absent.

11:22:39 >>MARY MULHERN: I would like to take up item number 57 and

11:22:49 then we'll go back to the order on the public hearings.

11:23:05 Item number 57.

11:23:15 Is there anybody who wishes to speak on item number 57?

11:23:25 Thank you for your patience.

11:23:27 >> I reside at 6422 Gallo way, Tampa, Florida, here

11:23:40 representing greater Mount Carmel church, north 34th

11:23:44 street, and we have asked to have a portion of the alleyway,

11:23:52 12-foot to be vacated and given to the church so we could

11:23:56 install an elevator.

11:23:58 We have come up with a compromise that the owners of the

11:24:03 adjacent property agree with.

11:24:06 What we would like to do is the elevator -- the elevator

11:24:15 originally was going to go across here

11:24:18 And asking this section to be vacated so -- this is our

11:24:24 property here, directly to the elevator facing here.

11:24:28 We are now asking that this be changed, and we would like to

11:24:35 get three feet of the 12 feet, and bring the elevator down

11:24:43 this way, which is against church going down 40 feet, and

11:24:49 ware asking for three feet of the alleyway, leaving nine

11:24:54 feet for the people to come up, go out.

11:24:57 We also have agreed with them that we will allow them to

11:25:00 come down here on church property and come out.

11:25:04 This person here does not have the right to come this way

11:25:10 but we have agreed, we are going to give them a letter

11:25:12 stating that they have right to come through here.

11:25:17 Also, he will be able to go up here, onto 34th street.

11:25:22 They have agreed.

11:25:24 They are outside.

11:25:26 Now, there's one other problem, in the letter, that they

11:25:32 disagreed with, and we will rewrite the letter.

11:25:35 They will agree with the rewrite of the letter.

11:25:38 And the letter will say that they have right through hear so

11:25:46 long as they own the property.

11:25:48 Once they do not own the property, they will have the right

11:25:51 to put a fence up across here, if we so desire.

11:25:56 They are outside, if you want to bring them in, fine.

11:25:58 >> We want to make it short and sweet because we have been

11:26:09 here three times now.

11:26:10 >>MARY MULHERN: Thank you.

11:26:11 I think we need to hear from legal about those agreements

11:26:13 and how they affect our decision, and then we can hear.

11:26:16 >>JULIA COLE: Legal department.

11:26:18 Unfortunately, this is the first that anybody from staff has

11:26:21 heard about this potential compromise.

11:26:23 From what has been described today, the only option you are

11:26:26 going to have is to continue this, allow staff to review it,

11:26:30 and we will likely have to amend the ordinance, and you

11:26:33 couldn't do that on second reading today anyway.

11:26:36 At a minimum you would have to go back to first reading but

11:26:38 you don't even have an ordinance in front of you that would

11:26:40 deal with what they are talking about so there really would

11:26:43 be in a other option but to continue it.

11:26:44 >>MARY MULHERN: Continue it for first reading?

11:26:48 >>JULIA COLE: Continue it for first reading.

11:26:50 >>MIKE SUAREZ: Ms. Cole, obviously, the letter between the

11:26:56 property owner and the other property owners has nothing to

11:26:59 do with our decision here.

11:27:00 >> That's correct.

11:27:03 >>MIKE SUAREZ: The three feet we cannot amend it as we do

11:27:06 on amended site plans?

11:27:07 Subpoena that not something we can do?

11:27:09 >>JULIA COLE: You cannot do that on second reading.

11:27:11 The problem with transferring this to first reading and

11:27:14 dealing with this is unlike reap zonings where you are just

11:27:18 dealing with a site plan issue, this actually, from what I

11:27:20 am hearing -- and again nobody has talked to staff about

11:27:24 this.

11:27:25 You may have to add in a public transportation easement and

11:27:28 there may be some other requirements.

11:27:29 You might have to have a new legal description.

11:27:32 And then the transportation staff is going to have to look

11:27:35 at whether or not from a technical perspective they can

11:27:39 accept a substandard alleyway.

11:27:41 So it's a little bit more complicated than just putting a

11:27:45 note on the site plan.

11:27:47 >>MIKE SUAREZ: Which means that we can vacate an entire

11:27:49 alley but we can't just say we are going to give you four

11:27:51 feet as opposed to -- correct?

11:27:56 My point is we can't make that change.

11:27:59 >>JULIA COLE: The second part of the problem is we vacate

11:28:02 an alley or public transportation easement, if that public

11:28:06 transportation easement or alleyway is going to be

11:28:09 substandard, that has -- staff has to look at that and give

11:28:12 you an opinion as to whether or not that's acceptable under

11:28:16 transportation technical standard.

11:28:18 Four feet might not be enough.

11:28:20 Nine feet might be enough.

11:28:22 Staff has to look at it.

11:28:23 >>MIKE SUAREZ: Because we were going to vacate the entire

11:28:26 alley, or I believe a portion of it to a certain point,

11:28:33 isn't the point moot whether or not transportation has a way

11:28:35 of going through there?

11:28:36 I mean, other than the fact that, you know, we have access

11:28:40 to it, or we are not --

11:28:45 >>JULIA COLE: I can't answer that question right now

11:28:47 without talking to staff.

11:28:49 >>MIKE SUAREZ: I was under the impression if we vacate the

11:28:51 entire alley, they own the alley then.

11:28:53 >>JULIA COLE: That's correct.

11:28:55 >>MIKE SUAREZ: Any side agreements they have between

11:28:57 themselves and the other group doesn't really matter to us,

11:29:00 as long as they have access to the alley.

11:29:02 I guess my confusion is, why does this have to go back if

11:29:08 everything he's stating really has nothing to do with City

11:29:10 Council vacating or not vacating the alley?

11:29:13 >> If the intent is for them to have a private agreement,

11:29:15 you are absolutely correct, and go ahead and hear it on

11:29:17 second reading.

11:29:18 What I heard him discussing is not vacating the entire

11:29:21 alley, but allowing the city to retain a portion of that

11:29:26 alley, either through holding back the easement.

11:29:30 He didn't get into that level.

11:29:32 But if they want to go ahead and have the first reading and

11:29:36 have a private agreement once this property is vacated as to

11:29:39 how they are going to manage the use of it, that is

11:29:42 completely up to these parties.

11:29:43 >>MIKE SUAREZ: Petitioner, if you don't mind.

11:29:48 I'm sorry, chair, if you don't mind me asking.

11:29:50 Was the plan, in terms of your agreement with tots property

11:29:55 owners to say we are going to have the vacation done on this

11:29:58 alley, and then we are going to allow you to have that

11:30:01 access?

11:30:02 Or was to the go back to the city and say, actually we only

11:30:06 want a small portion and not vacate the entire length that

11:30:11 we were talking about previously.

11:30:12 >> We want to be good citizens, and they want to continue to

11:30:20 come up the alley, and go out the other end.

11:30:23 So we agreed we'll allow them to do that.

11:30:26 >>MIKE SUAREZ: Excuse me, but my question is, and what our

11:30:30 attorney was just mentioning, are you trying to change the

11:30:34 site plan in the agreement with the city in terms of our

11:30:38 vacation of the alley?

11:30:39 >> No.

11:30:39 >> You want to keep what the original intent was, which was

11:30:42 for you to have the alley?

11:30:43 >> Yes.

11:30:45 >>MIKE SUAREZ: Ms. Cole?

11:30:46 Did you hear that exchange?

11:30:49 >>JULIA COLE: I'm sorry, I was on some issues about --

11:30:55 >>MIKE SUAREZ: That's all right.

11:30:56 If we continue to allow the vacation of the alley and they

11:30:59 make another side agreement with the property owners, we are

11:31:01 out of --

11:31:02 >> That is absolutely between these property owners.

11:31:07 >>MARY MULHERN: We need to move this item forward so if

11:31:15 anyone else wishes to speak.

11:31:17 Councilman Capin, can you give us five minutes?

11:31:19 I know you need to leave.

11:31:20 Please come up and speak.

11:31:21 >> My name is Al Dixon.

11:31:24 I reside 1108 Davis drive.

11:31:28 Been a member of greater Mount Carmel.

11:31:30 My concern is the same issue Mr. Day explained over here.

11:31:39 My concern is to impress upon you, and your decision, and

11:31:45 the citizens, the neighbors, to impress upon them that 70%

11:31:53 of our parishioners at our church are senior citizens.

11:31:59 We have no elevator, no way to get up those stairs.

11:32:08 Of those 07% that attend the church are unable to attend,

11:32:14 and my wife is a victim of that through an illness that she

11:32:19 had in her back that she's not able to walk up those stairs,

11:32:22 and she played a strong role in that church for 35 years.

11:32:27 And I would just like to impress that upon you now, and to

11:32:34 the neighbors, that whatever we can do to come to a common

11:32:41 agreement to do what God would have us to do.

11:32:48 And that is to reach out, to keep the least of those from

11:32:51 falling.

11:32:52 And I would like to see those other 30% who weren't able to

11:32:57 come to our church services for the last year, and having an

11:33:06 elevator will be able to do that.

11:33:13 One other thing.

11:33:14 We have done in the last two years many people, they were

11:33:20 able to walk up to church but many of them died in the

11:33:24 nursing home, and the only way to get up into the church is

11:33:27 that we took them up in a casket.

11:33:31 And we would like to alleviate that through them knowing

11:33:34 that they can come to church and having an elevator.

11:33:38 And I am so happy that we came to an agreement with our

11:33:41 neighbors.

11:33:41 Thank you so very much.

11:33:42 >>MARY MULHERN: Thank you.

11:33:58 She needs to be sworn.

11:34:00 Anyone else wishing to speak?

11:34:02 That has not been sworn?

11:34:03 >> My name is Charles, pastor of Mount Carmel.

11:34:20 I don't need to speak.

11:34:21 I just want it to be a matter of record that I concur with

11:34:23 what has already been said.

11:34:27 >>MARY MULHERN: Thank you.

11:34:32 (Oath administered by Clerk)

11:34:37 >> I'm Katrina gray, and I'm one of the neighbors.

11:34:41 I just want to make sure that we have -- I myself have an

11:34:45 understanding of how we are going to do this.

11:34:47 If we agree to what the deacon is saying about the vacating

11:34:52 the alleyway, that he would still allow us, the only

11:35:00 alleyway?

11:35:03 >>MIKE SUAREZ: Ma'am, according to what has been stated,

11:35:08 the side agreement that they are going to have with you will

11:35:10 only last till the time that you own that property, and that

11:35:13 is between you and the church.

11:35:16 We do not have a role in that once we vacate this alley.

11:35:20 So that means the alley will be theirs, and they will have

11:35:24 the right to tell you yes or no, and they are going to have

11:35:27 an agreement, then that is between your two parties.

11:35:30 So it sound to me like you have worked out that compromise.

11:35:33 Is that correct?

11:35:33 >> Well, that's what he was showing us this morning.

11:35:39 But to study it, go over it, the paperwork, same it's going

11:35:46 to change.

11:35:47 We haven't had time to do all of that, because he just hit

11:35:52 with us that this morning.

11:35:53 >>MIKE SUAREZ: And I guess, you know, I wanted to try to

11:35:57 see if we can get this going, because everyone has been here

11:35:59 several times.

11:36:00 I know you have been here several times.

11:36:01 They have been here several times.

11:36:04 We can't control what will happen after it's vacated.

11:36:08 Today's vote, if we vote as it is now, that will give them

11:36:12 that property.

11:36:14 That means if it's not continued and doesn't go back to

11:36:17 first reading, you know, if you don't feel comfortable with

11:36:21 that particular agreement, you may be -- you are out of luck

11:36:25 because they are going to actually own that property.

11:36:27 >> And that's why I have a problem right here.

11:36:30 So I don't know what needs to take place.

11:36:33 But I would rather have something in writing before I say,

11:36:37 okay, we will agree to that.

11:36:39 You understand what I'm saying?

11:36:41 >>MIKE SUAREZ: Okay.

11:36:42 Thank you.

11:36:43 >>FRANK REDDICK: Ma'am, are you stating to us today that

11:36:56 the last time you were here, the last time we had this on

11:37:00 the agenda, you all had no communication?

11:37:03 >> In a.

11:37:04 None.

11:37:04 Just this morning.

11:37:05 >> This issue was discussed a few weeks ago and you all had

11:37:11 no communication?

11:37:12 >> This morning when I walked off the elevator this morning.

11:37:14 >>FRANK REDDICK: So this has been scheduled, and you all

11:37:19 are discussing this prior to coming in here the day of the

11:37:22 event?

11:37:22 >> This morning.

11:37:23 >>FRANK REDDICK: This is frustrating.

11:37:29 I just can't believe -- we had a long discussion of this

11:37:35 council, the last time we discussed this, and we are here

11:37:41 again, and you are saying you had no communication?

11:37:45 >> None.

11:37:46 This morning.

11:37:47 >>MARY MULHERN: Thank you.

11:37:51 Anyone else wish to speak?

11:37:55 Council, are there any questions for staff?

11:37:57 >> Before you vote.

11:38:11 >>MARY MULHERN: This is it.

11:38:12 >> I think Councilman Reddick -- my name is Charles Clure.

11:38:19 I am the pastor of Mount Carmel.

11:38:22 I think the problem here is not -- that we are not

11:38:25 communicating.

11:38:26 The problem is the calls.

11:38:28 Our schedule and the neighbors' schedule have not been

11:38:33 correlated.

11:38:34 And so I don't think it should be bringing about any type of

11:38:44 problem, and these people are working people, and groups

11:38:53 that don't schedule thing, and the only time that people

11:38:55 want to communicate with people is when it seems their

11:39:01 rights are taken away, because actually, according to you

11:39:11 see our neighbors and people going across the church's

11:39:15 property to get to their property, and it's through the good

11:39:18 nature of the church to allow this to be done, and we are

11:39:22 willing even after this week to go ahead and schedule, if we

11:39:26 have to have a scheduled meeting and draw it up in letters,

11:39:30 and also our attorney had written several letters saying

11:39:37 what we should do.

11:39:38 >>MARY MULHERN: Thank you.

11:39:40 If we are going to vote on this, we have to move along.

11:39:46 Is there a motion to close the public hearing or any

11:39:49 questions for staff?

11:39:50 >> Motion to close the public hearing.

11:39:54 >> Second.

11:39:54 >>MARY MULHERN: All in favor?

11:39:56 Aye.

11:39:57 Pleasure of council?

11:40:00 >> I would like to move the ordinance.

11:40:03 >>MARY MULHERN: Item number 57.

11:40:06 >> An ordinance vacating, closing, discontinuing, abandoning

11:40:10 a certain right-of-way all that alley lying south of Genesee

11:40:16 Street, north of 38th Avenue, east of 34th street,

11:40:20 in the map Hillsborough County, Florida, the same being

11:40:25 fully described in section 2 hereof subject to the

11:40:27 reservation of certain permanent easements set forth herein,

11:40:30 subject to certain covenants, conditions and restrictions as

11:40:33 more particularly described herein, providing an effective

11:40:35 date.

11:40:36 >>MARY MULHERN: Councilman -- is there a second?

11:40:46 >>YVONNE CAPIN: Second.

11:40:46 >>MARY MULHERN: Did you read the ordinance being presented

11:40:48 for second reading and adoption?

11:40:52 >>MIKE SUAREZ: I amend to the second reading and adoption.

11:40:57 >>MARY MULHERN: We have a motion made by Councilman Suarez,

11:41:00 seconded by Councilwoman Capin.

11:41:06 Voice roll call, please.

11:41:07 >>MIKE SUAREZ: Yes.

11:41:09 >>YVONNE CAPIN: Yes.

11:41:11 >>FRANK REDDICK: Yes.

11:41:14 >>MARY MULHERN: No.

11:41:16 >>HARRY COHEN: Yes.

11:41:16 >>THE CLERK: Motion carries with Mulhern voting no and

11:41:21 Montelione and Miranda being absent.

11:41:23 >>MARY MULHERN: Councilwoman Capin.

11:41:31 >>YVONNE CAPIN: I know I have to leave, but I want to say

11:41:33 that all the people that were here earlier today and are

11:41:36 returning, that I can be here to hear you till midnight.

11:41:42 There is no -- we will be hear.

11:41:46 No one was keeping anyone from speaking.

11:41:48 We just had to-it was not fair not to conduct the business

11:41:52 that is in place before us.

11:41:55 And I appreciate your time, and I appreciate your patience.

11:41:59 Thank you very much.

11:41:59 >>MARY MULHERN: Thank you.

11:42:01 And thank you for staying through the vote.

11:42:05 >>MARTIN SHELBY: I'm sorry, before council member Capin

11:42:09 leaves, I wants clarification that at 1:30 there will be a

11:42:13 quorum to be able to conduct business, and five council

11:42:15 members plan on being back?

11:42:16 Thank you.

11:42:23 [ Laughter ]

11:42:25 >>MARY MULHERN: Have you been sworn?

11:42:26 [ Laughter ]

11:42:26 All right.

11:42:27 We are going to finish with the public hearings.

11:42:31 I think we can do that before noon.

11:42:33 I hope.

11:42:33 So we are going to move back to the regular public hearings.

11:42:36 Item number 352.

11:42:53 If anyone wishing to speak on item number 52?

11:42:59 352.

11:43:00 >>JULIA COLE: Legal department.

11:43:02 As I indicated at first reading, this is a scrivener's error

11:43:05 ordinance to put in a new legal description.

11:43:11 52.

11:43:12 I'm sorry.

11:43:13 Oh, I apologize.

11:43:15 This is not mine.

11:43:18 >> Move to close.

11:43:28 >> Second.

11:43:28 >>MARY MULHERN: All in favor?

11:43:30 Councilman Suarez?

11:43:31 >>MIKE SUAREZ: An ordinance being presented for second

11:43:35 reading.

11:43:35 >>THE CLERK: Who was the second on that to close?

11:43:40 >>MARY MULHERN: It was Councilman Reddick.

11:43:42 >> I move an ordinance being presented for second reading

11:43:45 and adoption, an ordinance of the city of Tampa, Florida

11:43:47 creating code section 14-33 to make it unlawful for any

11:43:51 person engaging in a transaction with a pawn broker,

11:43:54 secondhand dealer, secondary metals recycler or mail-in

11:43:59 secondhand precious metals dealer to provide any false or

11:44:02 inaccurate information in connection with a transaction

11:44:05 providing for penalty for violations thereof and providing

11:44:07 an effective date.

11:44:07 >>FRANK REDDICK: Second.

11:44:09 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

11:44:11 by Councilman Reddick.

11:44:15 Voice roll call, please.

11:44:16 >>MIKE SUAREZ: Yes.

11:44:18 >>FRANK REDDICK: Yes.

11:44:19 >>MARY MULHERN: Yes.

11:44:21 >>HARRY COHEN: Yes.

11:44:23 >>THE CLERK: Motion carried with Capin being absent A at

11:44:27 vote and Montelione and Miranda being absent.

11:44:30 >>MARY MULHERN: Item number 56.

11:44:42 >>JULIA COLE: Legal department.

11:44:44 As I described at first reading, this is to substitute a

11:44:47 legal description that was an error in your original

11:44:51 vacation of the ordinance process.

11:44:53 It turned out the legal descriptions, they didn't have

11:44:57 portions of the roadway but that was part of the actual

11:44:59 vacation application, and is properly in front of you as a

11:45:03 scrivener's error.

11:45:03 >>MARY MULHERN: Is there anyone in the public wishing to

11:45:06 speak on item number 56?

11:45:07 >> Motion to close.

11:45:11 >>HARRY COHEN: Second.

11:45:12 >>MARY MULHERN: All in favor?

11:45:14 Councilman Reddick?

11:45:15 >>FRANK REDDICK: Move an ordinance being presented for

11:45:18 second reading and adoption.

11:45:19 An ordinance number it 7-226 passed and ordained by the City

11:45:25 Council of the City of Tampa October 9, 1997 correcting a

11:45:31 scrivener's error by substituting a new legal description

11:45:34 for the old legal description that was attached to the

11:45:38 ordinance which was supplied in error, providing for

11:45:40 severability, providing an effective date.

11:45:41 >>MIKE SUAREZ: Second.

11:45:44 >>MARY MULHERN: Motion by Mr. Reddick, seconded by Mr.

11:45:53 Suarez.

11:45:53 Roll call vote.

11:45:55 >>MIKE SUAREZ: Yes.

11:45:56 >>FRANK REDDICK: Yes.

11:45:58 >>MARY MULHERN: Yes.

11:45:59 >>HARRY COHEN: Yes.

11:46:01 >>THE CLERK: Motion carried with Capin being absent at vote

11:46:04 and Montelione and Miranda being absent.

11:46:07 >>MARY MULHERN: (off microphone) item number 58.

11:46:21 Is there anyone from the public wishing to speak on item

11:46:23 number 58?

11:46:26 >>HARRY COHEN: I have an item to move into the record.

11:46:30 An e-mail from the neighborhood association supporting the

11:46:34 application, but respectfully requesting that the petitioner

11:46:38 make a concerted effort to clean up the overgrowth on this

11:46:42 said property, and that is from Mr. Al Steenson, president

11:46:45 of the Gandy sun bay south civic association.

11:46:48 >>MARY MULHERN: That's on item number 58.

11:46:57 Petitioner?

11:46:58 >> 5119 North Florida Avenue on behalf of petitioner.

11:47:01 We have talked to the civic association, and that's one of

11:47:05 the purposes, that we will clean up that lot.

11:47:07 It will be reclaimed for humanity.

11:47:11 Thank you.

11:47:11 >>FRANK REDDICK: Move to close.

11:47:15 >> Second.

11:47:15 >>MARY MULHERN: All in favor?

11:47:19 Councilman Cohen.

11:47:21 >>HARRY COHEN: I move an ordinance being presented for

11:47:24 second reading and adoption, an ordinance vacating, closing,

11:47:27 discontinuing and abandoning a certain right-of-way all that

11:47:31 portion of full ton street, lying south of price Avenue and

11:47:35 west of Westshore Boulevard, in baybridge revised

11:47:38 subdivision, a subdivision of the City of Tampa,

11:47:41 Hillsborough County, Florida, the same being more fully

11:47:43 described in section 2 hereof, subject to certain covenants,

11:47:46 conditions and restrictions as more particularly described

11:47:49 herein, providing an effective date.

11:47:50 >> Second.

11:47:53 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

11:47:56 by Councilman Suarez.

11:47:58 Voice roll call.

11:47:59 >>MIKE SUAREZ: Yes.

11:47:59 >>FRANK REDDICK: Yes.

11:48:01 >>MARY MULHERN: Yes.

11:48:03 >>HARRY COHEN: Yes.

11:48:06 >>THE CLERK: Motion carried with Capin being absent at

11:48:08 vote, and Montelione and Miranda being absent.

11:48:21 >>MARY MULHERN: All right.

11:48:22 I think we are going to go back to our regularly scheduled

11:48:27 agenda.

11:48:33 We had public hearings scheduled at 10:30.

11:48:38 Let me look at those and see.

11:48:44 What council would suggest, I don't know if we'll have time.

11:48:47 We have two public hearings scheduled at 10:30.

11:48:50 >>MIKE SUAREZ: I would suggest to go through the set agenda

11:48:56 and clear that and then set the public hearings for after

11:48:59 lunch.

11:49:00 With time permitting, of course.

11:49:02 >>MARY MULHERN: So we will move to the Public Safety

11:49:06 Committee, Councilman Reddick.

11:49:09 >>FRANK REDDICK: Move items 4 through 7.

11:49:12 >>HARRY COHEN: Second.

11:49:19 >>MARY MULHERN: Second seconded by Councilman Cohen.

11:49:22 All in favor?

11:49:23 Anyone opposed?

11:49:27 Parks and recreation.

11:49:28 Councilman Reddick.

11:49:33 Could you address that?

11:49:35 >>FRANK REDDICK: Yes.

11:49:37 I was requested to discuss items 11 through 12, which is a

11:49:49 contract dealing with Spring Hill park community center.

11:49:52 >> Why don't we hold those till staff reports, 11 and 12.

11:49:59 Pull them off.

11:50:00 >> I move items 8, 9, 10, 11, 13 through 21.

11:50:11 >> Second.

11:50:12 >> Which ones were omitted?

11:50:18 >>MARY MULHERN: 8 through 21 omitting 11 and 12.

11:50:21 Motion made by Councilman Reddick, seconded by Councilman

11:50:25 Suarez.

11:50:27 All in favor?

11:50:29 Anyone opposed?

11:50:30 So we will hear 11 and 12 under staff reports and that will

11:50:34 be someone from staff to look at those items, if it's Mrs.

11:50:42 Palus or Mr. Corrada or someone.

11:50:48 Public Works Committee, Councilman Suarez.

11:50:49 >>MIKE SUAREZ: I move items 22 through 28.

11:50:56 >>HARRY COHEN: Second.

11:50:57 >>MARY MULHERN: Motion by Councilman Suarez, seconded by

11:51:02 council mane Suarez.

11:51:03 All in favor?

11:51:04 Anyone opposed?

11:51:04 Finance Committee Councilman Cohen.

11:51:06 >>HARRY COHEN: I move items 29 and 30.

11:51:09 >>MIKE SUAREZ: Second.

11:51:10 >>MARY MULHERN: Seconded by Councilman Suarez.

11:51:13 All in favor?

11:51:15 Anyone opposed?

11:51:19 Building and zoning.

11:51:22 If Councilman Reddick, if you could read those.

11:51:26 >>FRANK REDDICK: Move items 31 through 50.

11:51:29 >>MIKE SUAREZ: Second.

11:51:31 >>MARY MULHERN: Seconded by Councilman Suarez.

11:51:34 All in favor?

11:51:42 >>MARY MULHERN: Councilman Cohen, if you could move item

11:51:44 number 51, set the public hearing.

11:51:49 >>HARRY COHEN: Yes.

11:51:50 Do I have to read it?

11:51:52 I move item number 51.

11:51:54 >>MIKE SUAREZ: Second.

11:51:55 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

11:51:57 by councilman Suarez.

11:51:59 Autumn in favor?

11:52:00 Anyone opposed?

11:52:04 We have nine minutes.

11:52:05 >> The aquatic study.

11:52:14 >>MARY MULHERN: Item number 71, think we are going to have

11:52:18 to come back for that.

11:52:21 We are not going to have time to hear a public hearing.

11:52:24 >>MARTIN SHELBY: Madam Chair, just move a resolution.

11:52:31 >>FRANK REDDICK: Move item 69, Madam Chair.

11:52:33 >>MARY MULHERN: Seconded by Councilman Cohen.

11:52:37 All in favor?

11:52:44 Anyone opposed?

11:52:44 >>MARY MULHERN: Council, I think we are planning to break.

11:53:25 Mrs. Grimes, did you want to speak?

11:53:28 >>GINA GRIMES: Law firm much hill ward Henderson, 101 East

11:53:30 Kennedy.

11:53:31 I represent the University of South Florida on the number 71

11:53:35 on your agenda, which is an application for a special use 2

11:53:39 permit for alcoholic beverage sales.

11:53:43 I have with me this morning two representatives from the

11:53:45 university, one of which, the assistant athletic director

11:53:50 Scott glazer needs to leave in order to attend interviews he

11:53:54 has on campus that can't be rescheduled.

11:53:57 So if we are not able to go and have our full hearing this

11:54:01 morning, before lunch, then we would ask for a continuance

11:54:05 to November 3rd.

11:54:08 I believe it's the first, is the next meeting.

11:54:10 >>MARY MULHERN: I think it would be better if you continue

11:54:14 it if you can't be back this afternoon, because there are

11:54:18 only four of us now, and I don't think we have time to hear

11:54:20 it now.

11:54:21 So is that what you would like to do?

11:54:26 >>GINA GRIMES: I think it's important for him to be here in

11:54:28 case there are any questions on operational issues, and he

11:54:30 can't come back after lunch.

11:54:32 If that's acceptable, we can perhaps obtain a continuance

11:54:35 now so we don't have to come back after lunch.

11:54:37 >>MARTIN SHELBY: If that's the pleasure of council, you

11:54:41 need to open the public hearing first and then move to

11:54:43 continue it.

11:54:44 >>MIKE SUAREZ: Move to open the public hearing.

11:54:46 >> Second.

11:54:46 >>MARY MULHERN: All in favor?

11:54:51 >>GINA GRIMES: I was going to mention the only other option

11:54:53 is if we can do it within the next 15 minutes.

11:54:56 But I don't know if you are breaking for lunch right at

11:54:58 noon.

11:54:58 >>MARY MULHERN: I don't think we can do it.

11:55:02 I think we are going to need more time than that.

11:55:04 So I'm sorry.

11:55:06 This is what happens when we add things at the last minute.

11:55:10 >>HARRY COHEN: Move to continue item number 71 to November

11:55:16 3rd at 10:30 a.m.

11:55:19 >>MARY MULHERN: Motion made by Councilman Cohen, seconded

11:55:22 by Councilman Suarez.

11:55:24 All in favor?

11:55:25 Anyone opposed?

11:55:27 Thank you.

11:55:29 10 a.m.?

11:55:30 10:30.

11:55:31 10:30.

11:55:33 I think we should probably break now unless anybody would

11:55:44 like to take up new business but we mate want to wait.

11:55:47 We have one more person to do that.

11:55:50 >>FRANK REDDICK: Before we do that, I would like to make an

11:55:56 announcement.

11:55:57 I received word that a school board member Susan Valdez

11:56:02 mother passed away, so I want to send a condolence and just

11:56:06 make that a note on the record.

11:56:07 >>MARY MULHERN: Thank you.

11:56:11 And I would like to also give our condolences to the family

11:56:14 who lost their son at the Empire.

11:56:21 I don't know that we had done that before.

11:56:25 1:30. We'll be back at 1:30.

01:36:26 (The meeting reconvened and was called to order by Chairman

01:36:26 Pro Tem Mary Mulhern.)

01:36:28 >>MARY MULHERN: City Council is called to order.

01:38:34 We are going to take up item number 72.

01:38:36 >>THE CLERK: Roll call.

01:38:40 >>MARY MULHERN: After roll call.

01:38:42 >>MIKE SUAREZ: Here.

01:38:44 >>YVONNE CAPIN: Present.

01:38:45 >>FRANK REDDICK: Here.

01:38:46 >>MARY MULHERN: Here.

01:38:47 >>HARRY COHEN: Here.

01:38:50 >>MARY MULHERN: Item number 72.

01:39:01 Petitioner?

01:39:02 Are you ready?

01:39:06 Oh, staff.

01:39:07 >> Land development.

01:39:22 This case is V-11-375, property address 1536-1548 North Dale

01:39:29 Mabry highway.

01:39:31 Whole food market group, Inc. The development review

01:39:34 committee has reviewed the application and finds it

01:39:35 consistent to the applicable City of Tampa land development

01:39:38 regulations.

01:39:40 Zoning is PDA, planned development alternative.

01:39:43 Proposed special use is beer and wine consumption on

01:39:46 premises and package sales off premises consumption only.

01:39:51 They are asking for a waiver section 27-272 to reduce the

01:39:54 required minimum distance separation along a mixed use

01:39:57 corridor from 250 feet to zero feet for other establishments

01:40:01 selling alcoholic beverages.

01:40:04 The proposed sales area comes as a grocery store case which

01:40:09 contains approximately 3,417 the 2 square feet, indoor sales

01:40:13 only.

01:40:13 The site utilizes the surface and garage parking for the

01:40:18 crossing commercial shopping center, 1,016 parking spaces.

01:40:23 >>MARY MULHERN: Councilman Suarez?

01:40:31 Sorry, if anyone is going to be speaking on this

01:40:34 Item, you can stand and be sworn.

01:40:38 Item number 71.

01:40:40 We need to open the public hearing.

01:40:42 >> Move to open the public hearing.

01:40:43 >> Second.

01:40:44 >>MARY MULHERN: All in favor?

01:40:45 Aye.

01:40:46 (Oath administered by Clerk)

01:40:48 >> 275 to the south.

01:41:04 This is North Dale Mabry highway north.

01:41:06 This is the crossing plaza.

01:41:09 This is the area in question.

01:41:09 >> Officer Don Miller, City of Tampa police department.

01:41:23 City of Tampa police department has no objections.

01:41:25 >> Good afternoon.

01:41:31 Thank you very much for calling 72 at 1:30 today.

01:41:36 As explained, this is for the whole foods.

01:41:39 The handouts that I passed out shows you that the whole

01:41:42 foods has been doing package beer and wine sales since 2006

01:41:45 with no violations to any of the state alcohol laws.

01:41:50 Because of additional customer interest, they are interested

01:41:53 now in allowing customers to sit inside the store.

01:41:58 The area that we are requesting is all contained inside the

01:42:01 store so patrons can sit there and enjoy a glass of beer or

01:42:05 wine inside the whole foods.

01:42:07 We do need a distance separation waiver to zero feet because

01:42:10 right above the whole foods is the target store, and the

01:42:12 target store sells beer and wine to go.

01:42:14 So that's why there's a request to reduce to zero feet.

01:42:19 Happy to answer any additional questions.

01:42:21 >>MIKE SUAREZ: You are not going to serve at all on that

01:42:26 little outside patio that they have?

01:42:29 Because people go out there and eat and they go out with

01:42:32 liquor at any time or is that just totally contained within?

01:42:35 >> The whole foods is going to continues to offer the

01:42:38 outside seating for people who want to eat food oh outside.

01:42:42 But in order to better contain and be able to monitor the

01:42:44 alcohol consumption, my client would like to keep all of the

01:42:48 alcohol consumption inside the store.

01:42:49 >> Okay, thank you.

01:42:51 >>MARY MULHERN: Is there anyone from the public who wishes

01:42:59 to speak on this?

01:43:04 Seeing no one.

01:43:05 >>MIKE SUAREZ: Move to close.

01:43:07 >>MARY MULHERN: All in favor?

01:43:10 >>MIKE SUAREZ: I move an ordinance for first reading

01:43:16 consideration, an ordinance approving a special use permit

01:43:20 S-2 for alcoholic beverage sales, large venue, on

01:43:24 premise/package, making lawful the sale of beer or wine at

01:43:30 or from that certain lot, plot or tract of land located at

01:43:34 1536-1548 North Dale Mabry highway, Tampa, Florida, as more

01:43:38 particularly described in section 2 hereof, providing for

01:43:41 repeal of all ordinances in conflict, providing an effective

01:43:43 date.

01:43:43 >>HARRY COHEN: Second.

01:43:46 >>MARY MULHERN: Motion made by Councilman Suarez, seconded

01:43:49 by Councilman Cohen.

01:43:52 All in favor?

01:43:55 Anyone opposed?

01:43:58 >>THE CLERK: Motion carried with Montelione and Miranda

01:44:00 being absent.

01:44:01 And the second reading of the ordinance will be held

01:44:03 November 3rd at 9:30 a.m.

01:44:06 >>MARY MULHERN: All right.

01:44:24 We are going to return to our schedule on our agenda, which

01:44:30 I believe the next item is item number 60.

01:44:40 Parks and recreation.

01:44:43 We already continued that?

01:44:44 Okay.

01:44:45 We have item number 61.

01:44:55 >> Council, that's the adoption of the agreement between the

01:44:58 city and the CRA providing services, the city providing

01:45:02 services which was approved at this morning's CRA board

01:45:05 meeting.

01:45:05 >>MARTIN SHELBY: It just requires the council to move the

01:45:13 resolution.

01:45:13 >>FRANK REDDICK: Move number 61.

01:45:17 >>YVONNE CAPIN: Second.

01:45:17 >>MARY MULHERN: Seconded by Councilwoman Capin.

01:45:19 All in favor?

01:45:20 Anyone opposed?

01:45:22 Thank you.

01:45:28 Item number 62.

01:45:29 >> Good afternoon.

01:45:35 Jean Dorzback, transportation manager.

01:45:38 Transportation division.

01:45:40 A motion was made for the transportation division to come

01:45:44 and make some recommendations on Hillsborough Avenue

01:45:47 regarding a recent unfortunate death of one of our students

01:45:53 at Middleton high school.

01:45:56 We are at this time recommending to coordinate with the

01:45:59 Department of Transportation to do a road safety audit.

01:46:03 That audit will collect all information regarding the

01:46:05 accident.

01:46:07 We are working with TPD for the accident report that they

01:46:12 are investigating right now.

01:46:14 And the audit will collect information on patterns,

01:46:21 pedestrians, road conditions.

01:46:23 All the information we would need to take a look and see

01:46:25 what could be done to make improvements to that portion of

01:46:28 Hillsborough Avenue.

01:46:30 So we would like to come back in no more than 90 days and

01:46:34 present our findings.

01:46:35 Those findings will include recommendations that look at

01:46:39 enforcement, that look at education, and also look at the

01:46:42 engineering of the road.

01:46:45 And so we would like to make that request.

01:46:47 We do want to let you know that we have started that

01:46:49 process.

01:46:51 We have been coordinating with the Department of

01:46:53 Transportation as well as the Hillsborough County safety

01:46:57 office and TPD.

01:46:59 So we currently have that underway and would like to come

01:47:02 back with further details when it's all complete.

01:47:05 >>FRANK REDDICK: Thank you, Madam Chair.

01:47:14 And you stated that you have had communication with the

01:47:16 Department of Transportation?

01:47:17 >> Yes, sir.

01:47:18 >>FRANK REDDICK: I understand that is a State Road.

01:47:20 >> Yes.

01:47:21 >>FRANK REDDICK: And they are willing to coordinate and

01:47:25 work with you to see if you can find ways to make that more

01:47:27 pedestrian friendly as well?

01:47:29 >> Absolutely.

01:47:30 The secretary of the D.O.T. is aware of it.

01:47:32 He put staff on it already.

01:47:34 There's already been work done, making observations,

01:47:39 collecting information, so they are in support of doing this

01:47:43 audit.

01:47:44 >>FRANK REDDICK: Thank you.

01:47:59 >>MARY MULHERN: Council, did we want to hear from -- I

01:48:10 guess it was on the Occupy Tampa, that thing that we were

01:48:15 going to come back to?

01:48:18 There was something that we had talked about doing when we

01:48:21 got back.

01:48:23 I think we'll just continue, unless anyone wants to refresh

01:48:31 my memory.

01:48:31 We'll just continue.

01:48:32 Let's move on to number 63.

01:48:35 Item number 63.

01:48:36 >>REBECCA KERT: Legal department.

01:48:41 On item 63.

01:48:44 There was an officer here from the Tampa Police Department.

01:48:47 Weighs here all morning long I.don't see him now.

01:48:49 >>MARY MULHERN: He's still here, I believe.

01:48:53 A few minutes ago.

01:48:54 >> Here he comes.

01:48:58 >> Captain Keith O'Connor, Tampa police.

01:49:19 Because of Club Empire, the murder investigation, I cannot

01:49:22 comment on what's going on currently, but I can provide you

01:49:25 with the statistics you wanted regarding the history of the

01:49:28 club if you would like.

01:49:31 The club opened in 2002.

01:49:35 Since then we have had three murders, three forcible, ten

01:49:40 robberies, 33 aggravated assaults, and which is a total of

01:49:45 48 violent crimes.

01:49:46 We also have had 102 drug offenses.

01:49:49 And that's attributed directly to the club.

01:49:52 And those are the facts since they have been open of the

01:49:55 violent crimes.

01:49:56 >>REBECCA KERT: Again with the legal department.

01:50:01 From our perspective, the police department -- the

01:50:06 department has been working with the police department and

01:50:08 many other departments to analyze the situation at this

01:50:10 property, and to evaluate what options the city has to deal

01:50:13 with any problems that have been ongoing at that

01:50:17 establishment.

01:50:18 Because one of those possibilities would be to bring a case

01:50:20 to City Council to consider a possible rove indication of

01:50:25 their alcoholic beverage special use permit, it would be

01:50:28 inappropriate for us to give you any more specific details

01:50:32 until and unless there's a decision made not to bring a case

01:50:36 forward, because we wouldn't want to taint the case when it

01:50:40 actually comes to you.

01:50:41 Therefore, we ask you, until and unless we make a decision

01:50:44 and let you know that we are in fact not going to be

01:50:47 bringing an action to you for your specific review and apply

01:50:52 judicial setting, we ask that you not make any specific

01:50:55 comments directly about this establishment so we don't

01:50:57 jeopardize any case that we may bring.

01:50:59 >>MIKE SUAREZ: Captain, in terms of statistics of other

01:51:07 locations, in Ybor City, is this an outlier?

01:51:13 In terms of the statistics, have you seen that Ybor City has

01:51:17 more or less of these type of crimes at different locations?

01:51:22 >> Well, I can tell you every night in Ybor, every weekend,

01:51:27 I should say, there's issues in Ybor.

01:51:29 I know that 50 to 60 officers that I have to send down there

01:51:32 on a Saturday night, more than half of them at closing time

01:51:35 will be in and A round Club Empire at 19th and 7th

01:51:40 so it does take a lot of our resources and that's

01:51:43 historically how we worked it.

01:51:47 Since the shooting, the historically we have developed to

01:51:55 where each Saturday night we go there in anticipation of the

01:51:58 crowds and any problems to try to solve them. So we do

01:52:01 contribute a lot of manpower there.

01:52:03 >> Thank you.

01:52:05 >>FRANK REDDICK: I guess this is to the legal department.

01:52:13 And I don't want a detail now.

01:52:19 I don't expect you to respond in that way.

01:52:21 But based on your comments, and all the things that you just

01:52:26 outlined, that's what you are looking into, and can you give

01:52:34 us some expectation when this might be concluded?

01:52:40 >>REBECCA KERT: Councilman, I can't give you a direct date

01:52:43 or a time line.

01:52:44 All I can tell you is we are evaluating a lot of information

01:52:46 right now to see what are our viable options for the

01:52:54 particular situation.

01:52:54 >> And it's difficult for you at this time to say what the

01:53:00 time line is.

01:53:02 >>REBECCA KERT: I can tell you that we are diligently

01:53:05 working on it through a lot of resources into evaluating

01:53:09 what our options are and looking at all the information.

01:53:11 We are on this issue.

01:53:12 >>FRANK REDDICK: And have you had communication with the

01:53:17 owner of that club?

01:53:19 >>REBECCA KERT: I have not personally.

01:53:20 I know other people have.

01:53:21 But I have not personally, no.

01:53:23 >>FRANK REDDICK: Do you know if the owner has expressed

01:53:29 remorse to the family?

01:53:32 >>REBECCA KERT: I have no information on that.

01:53:33 >>FRANK REDDICK: Do you know if the owner has paid for the

01:53:39 funeral to the family?

01:53:41 >>REBECCA KERT: I have no information on that either.

01:53:43 >>FRANK REDDICK: All right.

01:53:45 >>HARRY COHEN: Mrs. Kert, we heard this morning from a lot

01:53:57 of very, very concerned citizens, and their expressions had

01:54:06 an urgency about them that I think was not lost on any of

01:54:09 us.

01:54:10 Can you just a sure us that the administration and the legal

01:54:14 department heard what was said this morning and recognize

01:54:17 the urgency that the neighbors and the business people down

01:54:21 in that area were expressing themselves with?

01:54:23 >>REBECCA KERT: Yes.

01:54:24 I can verify that both for the administration and the legal

01:54:27 department.

01:54:27 We have been hearing from people directly to us as well, so

01:54:32 certainly it was very clear to that community.

01:54:38 >>MARY MULHERN: Councilwoman Capin.

01:54:44 >>YVONNE CAPIN: I'm sorry.

01:54:45 Officer -- I'm sorry.

01:54:47 Captain.

01:54:51 You stated that you have on the weekends 30 officers in

01:54:55 Ybor?

01:54:57 >> On a Saturday, our busiest night, we have between 50 and

01:55:01 60 officers down there.

01:55:02 >> And how many officers on Howard Avenue?

01:55:06 >> That I don't know but it's not 50 or 60.

01:55:09 >> It's not 50 to 60?

01:55:11 Okay.

01:55:13 And you stated that about half your officers are called in

01:55:19 to that area of the Empire?

01:55:24 >> Yes, 19th and 7th is where Empire is, and at

01:55:28 closing time, when the bars let out, they all let out, they

01:55:31 have to close by three.

01:55:33 So most of our attention is drawn towards that intersection.

01:55:37 >> And most of it, you are out there for crowd control,

01:55:40 because --

01:55:43 >> The fights that break out and stuff, and it's not the

01:55:46 kind of thing we have stats on.

01:55:49 For us to go out and break up fights doesn't generate

01:55:51 reporting.

01:55:52 It's just us trying to get everyone out of Ybor, and to

01:55:55 handle little pockets of fights here and there, that's where

01:56:00 most of them are occurring, in and around that club.

01:56:07 >>YVONNE CAPIN: I appreciate that.

01:56:13 So as Councilman Suarez stated, you don't find that.

01:56:16 That's not an anomaly?

01:56:18 I mean, there's no other place on 7th Avenue that you

01:56:22 have those numbers?

01:56:24 >>REBECCA KERT: Council, I clearly understand the concern

01:56:28 that you all have especially based upon the comments that

01:56:31 you heard this morning, but again I would caution against

01:56:35 having detailed discussions about this particular

01:56:36 establishment.

01:56:38 And this is the sort of information that we would be

01:56:40 bringing few we brought a case.

01:56:43 >>YVONNE CAPIN: Okay, thank you, Ms. Kert.

01:56:49 >> Rebecca Kert.

01:56:52 >> I want to call her Rebecca.

01:56:54 I'm sorry.

01:56:54 You know, we had many, many citizens come before us this

01:56:58 morning, very concerned, and at least a half dozen stated

01:57:04 that alcoholic beverage permits is a privilege.

01:57:09 And I just have to bring forth that I have been on council

01:57:13 for a year, and those are my exact words from this dais.

01:57:19 And for lack of a second, I brought forth before this new

01:57:25 council was here, a motion that would pay for a task force

01:57:37 exactly just for -- every single alcoholic beverage, almost

01:57:43 every single alcoholic beverage has some kind of condition

01:57:47 on it.

01:57:49 My purpose of the motion was that we would be able to have a

01:57:54 task force of code enforcement, law enforcement, fire, to

01:58:00 enforce these conditions that people agree to when they get

01:58:05 their permits.

01:58:07 And it would have cost the establishment in a fee less than

01:58:12 75 cents a day, and here we are, almost the same people were

01:58:20 here today talking about a privilege of alcohol were the

01:58:24 same people that were against the 57 cents a day in order to

01:58:27 put the task force together.

01:58:31 When I heard that this morning, it saddened me, absolutely

01:58:38 saddened me that it took something like this for people to

01:58:41 come forth.

01:58:44 I have nothing else to say.

01:58:51 >> Councilman Reddick.

01:58:52 >>FRANK REDDICK: A final question.

01:58:55 The age limit, most of these people are young folks that are

01:59:02 frequenting the club?

01:59:03 >> You have to be 18 to get in.

01:59:04 You have to be 21 obviously to drink.

01:59:06 >> Okay, so most of these people that you see in the crowds,

01:59:12 that you see outside and get in the fights, these are

01:59:15 young --

01:59:17 >> Yes, it's young.

01:59:18 Younger crowds, 18 to 25.

01:59:20 >>MARY MULHERN: Ms. Kert, are you still there?

01:59:29 You are hidden by the media.

01:59:33 Is Mr. Shimberg over there?

01:59:35 >>REBECCA KERT: No, he's not with me.

01:59:36 >>MARY MULHERN: Here is my question.

01:59:40 Today -- my questions -- I'll keep it completely unspecific

01:59:47 to any club, any establishment that has an alcoholic

01:59:54 beverage permit.

01:59:59 Council's role, if council were to have a role, is what?

02:00:10 We would have the ability, hypothetically, to revoke an

02:00:17 alcoholic beverage permit?

02:00:19 Is that correct?

02:00:20 In a case?

02:00:21 >>REBECCA KERT: That's correct.

02:00:23 City Council -- the city has a number of enforcement

02:00:27 options.

02:00:28 One of the options that we do have is to bring a case

02:00:33 forward to City Council for consideration of either

02:00:36 suspension or revocation depending upon the circumstances.

02:00:38 Your code has a list of criteria that has to be met.

02:00:42 City Council has in the not so distant past, council is

02:00:49 hearing usually the ones that I think you typically have

02:00:52 seen most recently -- I don't know if this council has seen

02:00:55 one -- is for people -- within the last couple of years,

02:00:58 people who have reports of a restaurant.

02:01:00 They don't report their 49-51% and we provide notice, we

02:01:05 provide the evidence that we will submit, and then there's a

02:01:07 hearing.

02:01:08 In other situations, we have a process in place that I

02:01:10 believe you all were briefed on.

02:01:12 I believe it was this council.

02:01:13 I believe it was within the last six months.

02:01:16 A protocol has been developed working with land development,

02:01:18 and the police department, when there are other violations

02:01:22 related to the alcohol permit such as not hiring off duty

02:01:27 which is required, we notify TPD, there is land development,

02:01:32 there is a letter sent to the license holder and anyone else

02:01:35 that would be interested notifying them we believe there's a

02:01:38 violation that comes to City Council.

02:01:40 Typically at that point we get compliance, like the public

02:01:43 Nuisance Abatement Board may not hear of a lot of cases at

02:01:46 the end of the debuts people understand the authority that

02:01:48 they have, and things get resolved before they get to you,

02:01:51 but that is one of the options that you have.

02:01:52 >> Okay.

02:01:53 So I believe -- thank you for explaining that, because I

02:01:56 remember the hearings where people came in, and I think in

02:02:03 the former, last council, that sat, we did revoke some

02:02:10 licenses based on lack of reporting.

02:02:17 >> I believe there were some suspensions.

02:02:19 >>MARY MULHERN: We had suspensions.

02:02:21 Okay.

02:02:21 So the criteria to me doesn't seem to be extremely -- I

02:02:24 mean, if not reporting is a violation that is worthy of

02:02:34 bringing about something that we heard from a lot of people

02:02:36 today, a lot of complaints, I guess maybe you could point to

02:02:45 me where in the code the list of violations or criteria that

02:02:54 would make it something that would come to council.

02:02:56 >> I can provide that to all of council.

02:03:02 I don't have it at my fingertips now. But I would be more

02:03:04 than happy to provide that to City Council.

02:03:06 >>MARY MULHERN: I am not talking about anything specific

02:03:19 but I think this council needs to know what those criteria

02:03:22 are in general.

02:03:22 >> I completely agree.

02:03:24 >>MARY MULHERN: We have the right to suspend or revoke

02:03:31 them.

02:03:31 Mr. Shelby, maybe you know.

02:03:33 Where is that in the code?

02:03:34 Or maybe you could find it on your computer and let us know.

02:03:42 >>REBECCA KERT: 27-523.

02:03:50 >>MARY MULHERN: 27-5.3?

02:03:57 >>REBECCA KERT: No, 27-523.

02:03:59 >>MARY MULHERN: In our role as the granter and possible

02:04:05 revoker or suspender of this permit, is it not -- wouldn't

02:04:13 it be in our purview to ask that our legal department

02:04:18 investigate and come back to us with whether there is a

02:04:22 recommendation, you can make a recommendation that we do

02:04:25 this?

02:04:28 >>REBECCA KERT: No.

02:04:29 Council, I can tell you right now that we are investigating

02:04:31 this as one of the options, working with land development.

02:04:36 But just as it's not appropriate for a judge to say I think

02:04:39 that person is guilty, bring them to me for a trial, it is

02:04:42 not appropriate for you all to evaluate the hearing process,

02:04:44 whether you can -- have a problem and then have them come to

02:04:48 you.

02:04:48 >>MARY MULHERN: Okay.

02:04:50 What about a third party asking, coming to this --

02:04:55 >>REBECCA KERT: We have letters and letters of people

02:04:57 asking us.

02:04:59 We are looking at it.

02:05:00 And if there is a viable case and it's an option, then we

02:05:03 will bring it forward to you.

02:05:04 >>MARY MULHERN: So I think then what we need -- so now we

02:05:08 know where to look in the code so that we can mange our own

02:05:14 determination in case something is brought to us.

02:05:16 But I think that we do need, and the public does need to

02:05:19 have a time frame.

02:05:23 We need a time frame.

02:05:24 When do you want to come back instantaneous.

02:05:26 >>REBECCA KERT: You can ask for a report back.

02:05:28 I can't tell you right now when we are going to have an

02:05:31 answer.

02:05:31 I just can't.

02:05:32 >>MARY MULHERN: Okay, okay.

02:05:35 So perhaps someone could make a motion for having a report

02:05:38 back.

02:05:38 >> Captain O'Connor: I have one more comment.

02:05:47 I want to make it clear to the council and the citizens of

02:05:49 Tampa that we heard the same thing that we all heard this

02:05:52 morning and we take it very seriously.

02:05:54 We put a lot of manpower into the club since the incident.

02:05:59 Just so we are all clear, we are talking about a club that

02:06:01 on Saturday night would have upwards of 700 people.

02:06:04 To this date they haven't had more than 70 in the club.

02:06:07 So right now, you know, I don't know what the future holds,

02:06:10 but I just wants you guys to be clear on what's going on,

02:06:14 and we are dedicating a lot of resources on there, and we

02:06:17 hear the citizens' concern.

02:06:18 >>MARY MULHERN: I want to say, I appreciate that, and I

02:06:22 know that TPD is working on this, and I am not questioning

02:06:26 that at all.

02:06:26 I am just saying as council, when we have so many people

02:06:30 appealing to us, what can we do, what is our role, and how

02:06:34 can we help to speed the process up?

02:06:38 >> I understand.

02:06:39 I can assure you we are working together and we are looking

02:06:42 at every option.

02:06:42 >>MARY MULHERN: Councilwoman Capin.

02:06:52 >>YVONNE CAPIN: When Ms. Kert was up here and the captain, I

02:06:54 understand there is a process and it's being evaluated as we

02:06:57 speak.

02:06:59 And when you mentioned about a report coming back, I think

02:07:03 that would be appropriate, and I think my fellow Councilman

02:07:09 was about to do that.

02:07:09 >>FRANK REDDICK: Thank you, Madam Chair.

02:07:13 And I agree.

02:07:14 I think we have an obligation to keep our constituents

02:07:20 informed of what's going on, the constituents in Tampa

02:07:23 expressed their concerns this morning.

02:07:25 Therefore, Madam Chair, I would like to request that -- move

02:07:29 that the legal department report back to this council within

02:07:34 30 days on any update reference to their status with Club

02:07:39 Empire.

02:07:40 >> Second.

02:07:41 >>MARY MULHERN: Can we put a date?

02:07:45 >>HARRY COHEN: Friendly amendment for a date certain.

02:07:48 And I was going to suggest November 3rd was our first

02:07:51 City Council meeting after this next workshop.

02:07:55 >>FRANK REDDICK: I accept that.

02:07:56 November 3rd.

02:07:57 >>MARY MULHERN: Motion by Councilman Reddick, seconded by

02:08:00 Councilman Cohen.

02:08:02 All in favor?

02:08:03 Anyone opposed?

02:08:05 Then November 3rd, staff report, 10:30 under staff

02:08:10 reports.

02:08:10 Thank you.

02:08:12 Item number -- I think it might be appropriate at this time

02:08:20 to take up the police department was here, to take up the

02:08:25 question, Councilman Reddick's question about the Occupy

02:08:31 Tampa.

02:08:32 Thank you for your patience.

02:08:34 >> Good afternoon.

02:08:41 Brian Dugan, Capt. with Tampa Police Department.

02:08:43 >>FRANK REDDICK: How do you do today?

02:08:46 Thank you for coming.

02:08:49 I requested your presence to just give us an jut date,

02:08:54 because I received, read in the newspaper, news accounts

02:08:58 about certain events transpiring at Curtis Hixon park with

02:09:05 Occupy Tampa, and also received complaints pertaining to the

02:09:11 early morning harassment, harassed with flashlights shined

02:09:19 in the eyes, and heard where the dogs have been out, and

02:09:27 these are reports.

02:09:32 And I just want for the record, so we can have a clear

02:09:35 understanding, what's going on out there, and so the public

02:09:39 can have a clear understanding of what's going on, to have

02:09:43 someone just expound on that and how can all of this be

02:09:51 resolved?

02:09:53 It puzzles me to see a news account from some members of

02:10:00 Occupy Tampa state that they don't want to come in a

02:10:13 disobedient way and be arrested, and if you can just expound

02:10:21 on it and give us an overview of what's going on.

02:10:24 What are these complaints that I have received, are true,

02:10:31 and where we need to go from here to make sure that

02:10:36 something don't happen that we don't want to happen?

02:10:39 >> Right.

02:10:41 When the first March of Occupy Tampa occurred, it was quite

02:10:44 obvious what's going on around the nation with some of the

02:10:49 arrests that have been taking place, and when we were put on

02:10:51 notice that they would be coming to Tampa, and that they

02:10:54 were workshop meeting March on Occupy Tampa, I was the

02:10:59 incident commander by Chief Castor, and we looked at what

02:11:02 was going on across the nation, we took it very serious.

02:11:05 I know quite a few people were concerned with how things

02:11:09 would take place here in Tampa.

02:11:11 And our approach is simple, that we do not arrest

02:11:15 protestors, we arrest law breakers.

02:11:18 And if they did not break the law, they would not get the

02:11:20 arrested.

02:11:21 And we try to respect that.

02:11:23 And I think we were successful, as much concern that was out

02:11:28 there, we were so concerned about them when they went around

02:11:32 town and couldn't find a bathroom unless we purchased

02:11:34 something, we allowed them into the police department and

02:11:36 they were able to use the bathroom there.

02:11:38 Based on everything we possibly could to accommodate them.

02:11:42 We do have ordinances.

02:11:43 We do have rules in the city.

02:11:45 And we have tried to compromise with them and allow them the

02:11:50 exercise the right to free speech.

02:11:52 Yes, there probably have been some disagreements and some

02:11:54 issues, but we have worked with them to try to iron this

02:11:57 out.

02:11:57 >>FRANK REDDICK: And I do want to thank TPD for being

02:12:05 accommodating to Occupy Tampa, and some other businesses in

02:12:15 the area have allowed them to use their facility.

02:12:18 And I understand the city ordinance.

02:12:22 Let me ask you one question, and that is, their having to be

02:12:35 on the sidewalk, they are no longer allowed to go into the

02:12:39 Curtis Hicks Hixon Park area, segregated to the sidewalk?

02:12:45 That's the only area they can congregate on the sidewalk

02:12:47 area?

02:12:48 >> Curtis Hixon park closes at 10 p.m. and opens back up in

02:12:51 the morning.

02:12:51 Okay.

02:12:52 So we are allowing them on the sidewalk, which we have the

02:12:56 city ordinance against placing articles and things of that

02:12:59 on the sidewalk.

02:13:00 We are allowing them to stay on the sidewalk, an agreement

02:13:04 we made early on from 10 p.m. to 6 a.m.

02:13:07 They are not allowed in the park at night.

02:13:09 The rules are clear.

02:13:10 That's been in force across the city for quite some time

02:13:14 now.

02:13:15 At 6 a.m. we expect them to gets to have sidewalk.

02:13:18 Wave to remember that downtown is a neighborhood these days.

02:13:20 It's not the same way it was 20 years ago.

02:13:23 We expect them to get up, get out of the way, it's a

02:13:27 potential safety hazard, them blocking the street, people

02:13:30 want to get up and walk the dogs before they start work.

02:13:32 So that's, I think, the issue is them being allowed to sleep

02:13:37 on the sidewalk, they are allowed to sleep along the edge of

02:13:41 the sidewalks, not across or perpendicular to the sidewalk,

02:13:44 between the hours of 10-millimeter and 6 a.m.

02:13:47 And we give them a sheet of paper with some of the type of

02:13:52 rules and guidelines.

02:13:53 We use that sheet of paper as a warning when we go out there

02:13:57 and wake them up, tell them it's time to gets up, and I

02:14:00 liken it to trying to get a teenager out of bed to go to

02:14:04 school.

02:14:05 It takes several times to get them up and get them moving.

02:14:08 >> I can imagine.

02:14:11 One final question.

02:14:14 I saw a memo, and I think that memo was handed out to those

02:14:20 who are out in that area.

02:14:22 And reading the memo, it seems like it came from the city.

02:14:32 The police department, city attorney, name on there, who

02:14:38 they spoke to, city attorney.

02:14:41 And I notice it was not on an official document.

02:14:47 Was that letter published by the police department, or city

02:14:53 administration?

02:14:56 >> The police department put together with our attorneys.

02:14:59 It's not on a city letterhead.

02:15:01 It's a plain white piece of paper.

02:15:04 We use it as a way of giving them a warning.

02:15:07 As you know, ignorance of the law is not a defense but we

02:15:12 try to work with people just like we have done with the

02:15:15 panhandling, we are doing with the panhandling ordinance,

02:15:17 the red lights violations, you know, we try to work with

02:15:19 people, be reasonable, warn them, educate them.

02:15:23 I think we have done an excellent job on that.

02:15:27 I have been very proud of our police department and the way

02:15:29 the officers have handled this situation.

02:15:32 We use that as a way to warn them and kind of educate them

02:15:36 on what the process is.

02:15:37 >>FRANK REDDICK: Thank you.

02:15:38 That's all, Madam Chair.

02:15:40 >>MARY MULHERN: Councilman?

02:15:50 >>MIKE SUAREZ: Captain, have there been any arrests of any

02:15:53 of the Occupy Tampa folks at all?

02:15:55 >> There has not been a single arrest since this started.

02:15:57 >> Has anything happened that rises to disturbance in which

02:16:02 you thought, well, we are going to -- anything in terms of

02:16:08 noise, in terms of --

02:16:13 >> Not enforce the ordinance to the letter of the law.

02:16:16 That's why there haven't been any arrests in Occupy Tampa.

02:16:19 We have received complaints from the residents that they are

02:16:21 very loud, making noises.

02:16:22 There's complaints about the restrooms being dirty.

02:16:26 We have complaints about people, you know, not feeling

02:16:29 comfortable using the park now during the day.

02:16:31 >> Thank you, captain.

02:16:35 >>MARY MULHERN: Councilwoman Capin.

02:16:41 >>YVONNE CAPIN: I did, in my office, receive some concerns

02:16:43 about the noise, but when you live in a high-rise, all

02:16:49 noise, all noise travels up.

02:16:58 Brakes, sirens.

02:16:59 If anyone has lived in a large city you hear everything.

02:17:01 So I understand that's part of living in an urban downtown

02:17:06 area.

02:17:08 Of course, we don't want to disturb anyone's peace and quiet

02:17:15 to sleep at night.

02:17:16 So that, of course, we do have -- we don't have a noise

02:17:25 ordinance, do we?

02:17:30 >> Yes, we have a noise ordinance.

02:17:34 >>YVONNE CAPIN: Okay, so the one we don't have pertains to

02:17:36 car stereos?

02:17:38 I'm trying -- I know there's something that we lost

02:17:43 because -- it's the car stereos, okay.

02:17:47 So it doesn't pertain to loud voices, or music -- well, it

02:17:53 does pertain to music?

02:17:55 Okay.

02:17:55 I'm trying to figure out.

02:17:57 We have a noise ordinance.

02:17:58 What is it?

02:17:58 Tell me.

02:17:59 >> I would have to have the ordinance in front of me to read

02:18:01 it.

02:18:02 I don't want to stand here and guess.

02:18:04 >>MARY MULHERN: I believe -- Mr. Shelby, could you look up

02:18:12 the noise ordinance for us, please?

02:18:23 Well, someone.

02:18:26 >>YVONNE CAPIN: Since I asked the question.

02:18:27 Mr. Shimberg, if we do, can you tell us?

02:18:34 >>JIM SHIMBERG: City attorney.

02:18:34 There is a noise ordinance.

02:18:36 And if there's noise complaints the police have an abilities

02:18:39 to go out and measure the decibel levels and see if there's

02:18:42 a violation.

02:18:43 I'm not sure in this situation there have been any

02:18:47 complaints that have risen to that level.

02:18:51 >>YVONNE CAPIN: From how far away do you measure the noise?

02:18:56 >>JIM SHIMBERG: I need to get the ordinance in front of me.

02:19:00 >>YVONNE CAPIN: Because last year I walked with the foot

02:19:02 patrol on Howard Avenue and I remember talking about the

02:19:05 noise coming from an apartment or building, and being told

02:19:09 that they had to stand, I don't know how far back, in order

02:19:14 to hear, you know, to measure the decibels.

02:19:25 >>JIM SHIMBERG: We'll get a copy of that to you.

02:19:26 But again it's one of the tools that the police have

02:19:28 available to them.

02:19:29 If there's a complaint, I read one of the articles that

02:19:32 talked about loud noise in the middle of the night.

02:19:35 I kind of doubt that that would have risen to the level of

02:19:38 being a violation.

02:19:39 And I didn't have the measurement.

02:19:44 >> With the noise being so loud that it reached those

02:19:47 decibels as opposed to the noise carrying up the tunnel or

02:19:51 whatever of these buildings.

02:19:53 >> Right.

02:19:54 That usually relates to --

02:19:56 >> I'm sorry?

02:19:58 >> That usually relates to a club or establishment that's

02:20:00 playing very loud music, you know, after certain hours,

02:20:04 because it gets later, the amount goes down.

02:20:08 It usually wouldn't be people shouting, wouldn't rise to

02:20:11 that level.

02:20:13 >>YVONNE CAPIN: Thank you.

02:20:13 >> Not only with the noise ordinances, if someone were to

02:20:19 call and complain, we would then go ahead and investigate

02:20:22 it.

02:20:23 It's not a tool that we use against protestors.

02:20:27 It's usually a citizen calling a complaint.

02:20:29 >>MARY MULHERN: Thank you for being patient and waiting all

02:20:37 day and I think my questions are probably for Mr. Shimberg.

02:20:44 And I just want to let council know that we just passed out

02:20:52 copies of the rules.

02:20:56 This is amended from the rules that got passed out that you

02:20:59 passed out last Friday to the protestors.

02:21:04 I had asked Mr. Shimberg if legal could take these and

02:21:11 reference the code, because these are the rules that the

02:21:15 police department shared last Friday with protestors, I

02:21:20 believe.

02:21:21 But the only change here is that our legal department

02:21:25 references the sections of code that these rules apply to.

02:21:30 That was my concern.

02:21:31 And I actually went and spoke with the protestors last night

02:21:38 before things had gotten sort of to a less friendly level

02:21:43 between the protestors and the police department, because on

02:21:46 Monday, over the weekend, I heard about the tools, and what

02:21:52 I wanted to know is what were the rules, and where were they

02:21:55 in our code?

02:21:56 So this was given to me.

02:21:59 It explains that some of the questions that came up, that

02:22:03 come up last night that I couldn't quite figure out, and I

02:22:06 was trying to answer their questions, and unfortunately I

02:22:09 didn't have anyone there from TPD or from legal, which would

02:22:12 have helped, but I think what it kind of boils down to is

02:22:23 the sidewalk where you are allowing people to sleep is

02:22:29 thoroughfare, right?

02:22:30 So there's nowhere in the code -- I don't know if there's

02:22:34 anywhere in the code because it's not part of these rules

02:22:36 where it says you can't sleep on the sidewalk.

02:22:38 But it seems to me it's pretty -- is that just assumed that

02:22:44 a thoroughfare is not a place for people to sleep?

02:22:46 So it's not like -- or is it somewhere in the code that they

02:22:51 can't sleep on the sidewalk?

02:22:55 >>JIM SHIMBERG: There has been some discussion about that.

02:22:57 Jim Shimberg, city attorney.

02:22:58 That specific ordinance that we referenced there had to do

02:23:03 with things and objects on the sidewalk.

02:23:04 So there was some discussion last week where there was --

02:23:09 you are allowed to have a table with leaflets and things

02:23:12 like that.

02:23:12 But there's some discussion as to whether it's people or not

02:23:18 so we have been trying to interpret that.

02:23:19 >> Is there anywhere in our code that does say that?

02:23:22 That's my question.

02:23:24 That does reference people?

02:23:25 >> People on sidewalks?

02:23:27 >>MARY MULHERN: Yes.

02:23:30 >>JIM SHIMBERG: Not specifically people on sidewalks.

02:23:31 >>MARY MULHERN: And my thought is that you don't do that

02:23:35 because it is aside-walk.

02:23:40 It is a thoroughfare.

02:23:41 So it is made for walking.

02:23:44 And other things, but not lying down.

02:23:49 Is that a reasonable, legal assumption?

02:23:54 >>JIM SHIMBERG: Yes.

02:23:55 And again, one of the things, representing the Parks

02:24:00 Department, and I think there is an interpretation that that

02:24:03 sidewalk in front of Hixon Park is technically part of the

02:24:06 park, and we do have an ordinance that you Dante can't sleep

02:24:10 in the park.

02:24:11 However, they have been trying to interpret things in a way

02:24:12 that would not cause a problem and would allow peaceful

02:24:16 demonstration.

02:24:18 So that's part of the --

02:24:20 >> That was a way to make it -- to feel that this was a

02:24:27 legal thing for them to do to be sleeping on the sidewalk

02:24:30 because it's codified that the park is closed so --

02:24:37 >> But the sidewalk, there's an ordinance that talks about

02:24:47 not having things or objects in the sidewalk.

02:24:51 It could be a sleeping bag.

02:24:53 Cost --

02:24:53 >>MARY MULHERN: I'm not a lawyer, but to equate people

02:24:59 with --

02:25:01 >>JIM SHIMBERG: Right.

02:25:01 I'm saying we haven't done that.

02:25:07 >>MARY MULHERN: You know, people aren't tables.

02:25:09 Last

02:25:12 I'm sorry.

02:25:15 >>JIM SHIMBERG: That's why we haven't interpreted it that

02:25:17 way.

02:25:17 >> That's my question.

02:25:19 I spent two hours talking and listening, more of it

02:25:23 listening, to these people last night, and trying to kind of

02:25:26 understand where they were.

02:25:28 And I was defending our code, and our law enforcement, and

02:25:36 our legal department in that they have them -- and I use the

02:25:41 word "liberal" about allowing people to be in the park, and

02:25:45 to sleep there on the sidewalk.

02:25:48 But the question, you know, after I thought about it a

02:25:52 little bit, was I think you could interpret it as quite an

02:26:01 exception to our code, and to the public -- to allow people

02:26:07 to sleep on the sidewalk.

02:26:11 Has there been discussion about maybe instead a more safe

02:26:16 option might be to allow them, if we are going to allow

02:26:20 people to sleep, allow them to sleep in the park, not on the

02:26:23 sidewalk?

02:26:25 So I'm not -- I'm not asking you to do that.

02:26:32 I'm asking if that has been a consideration, and if there

02:26:35 was a discussion and a determination that, no, we don't want

02:26:39 people to sleep in the park, which would be a -- to me just

02:26:43 a more common sense thing to do if you are going to allow

02:26:47 them to occupy.

02:26:50 >>JIM SHIMBERG: I think the issue at hand was getting lost

02:26:53 in this legal jargon on, the debate that not a single person

02:26:59 has been arrested.

02:26:59 Okay, we have had, like you said, a liberal policy, so to

02:27:03 speak, on this whole thing.

02:27:07 Allowing someone to sleep on the sidewalk, you know, is that

02:27:12 part of the free speech?

02:27:14 Unless you talk in your sleep, I'm not sure that applies.

02:27:18 You know, we can go back and forth on this.

02:27:23 The complaints that we are receiving and the way we are

02:27:25 handling this -- and we have been very liberal.

02:27:29 You know, you start bending the rules, and then we are just

02:27:32 opening up a whole other can of worms.

02:27:35 And I don't think we can win that way.

02:27:38 You know, it just gets to the situation where, when is

02:27:43 enough enough?

02:27:45 And we have an obligation as a police department to police

02:27:50 our city and to be fair and to do our job, and I don't think

02:27:55 we can get into the business, or we start saying, wow, it's

02:28:00 not that big of a deal and things of that nature.

02:28:02 >> So you made a decision or at least for now that you don't

02:28:07 want to go there, you don't want to start changing the

02:28:09 rules?

02:28:12 I just want to know where we are, how we arrived at the

02:28:14 sidewalk and I think you answered it, that, you know, this

02:28:21 is how far you want to go and you don't --

02:28:23 >> I think we have compromised.

02:28:25 You know, when one park opens during the day we have to give

02:28:29 people the opportunity to freely walk out of there.

02:28:32 You start tripping over things and stuff like that.

02:28:35 It becomes a safety issue.

02:28:37 We have tried to be very friendly to the protestors.

02:28:41 >> Right.

02:28:42 But if they weren't on the sidewalk, people wouldn't be

02:28:44 tripping over them.

02:28:46 They wouldn't be walking over them.

02:28:48 But, you know, that's my question.

02:28:50 I'm not going to --

02:28:57 I'm saying, you made the decision to allow them, legal and

02:29:02 TPD, decide we were going to let them sleep on the sidewalk,

02:29:05 as opposed to making the more, you know, lenient exception

02:29:09 decisions that you and I guess the Parks Department could

02:29:12 make to allow them to safely, on the grass, next to the

02:29:16 sidewalk.

02:29:17 You know, something like that where they wouldn't be in the

02:29:21 right-of-way.

02:29:21 >> The parks are closed at night and that's why we don't

02:29:24 allow them to sleep there.

02:29:27 The compromise to allow them to sleep on the sidewalks when

02:29:31 the park is open, we ask them to get up.

02:29:33 And I'm not sure how much of an obstruction they are for

02:29:37 people exiting the park when no one is in the park.

02:29:40 If that makes sense.

02:29:42 >> Yes.

02:29:42 >> They are allowed in the parks during the day.

02:29:47 They just aren't allowed to sleep in the parks during the

02:29:49 day.

02:29:49 We are trying to enforce the rules with everyone.

02:29:55 >>YVONNE CAPIN: I also wanted to point out that the parks

02:29:59 are open for everyone during those hours, six to ten, and we

02:30:03 very much, you know, the entire city, I want to stroll over

02:30:07 there, I want to go to the park, and it's open to everyone.

02:30:10 We also have a part of the park where we actually -- events

02:30:17 are held in the park, and they pay a fee to the park,

02:30:24 nonprofits, and for fund-raisers.

02:30:27 We had one last Saturday.

02:30:29 So when this happens, they are paying a fee to bring in

02:30:37 permits along with insurance permits to put up their stage

02:30:41 or whatever it is that they may need for that event.

02:30:44 Which is different than just walking into the park and

02:30:52 communing with nature.

02:30:54 So I want everyone to know that we are also dealing with the

02:31:02 people that have gone through a process of getting a permit

02:31:06 to be in the park, and to use the park for specific reasons.

02:31:13 But cannot stop anyone else from being in our public park.

02:31:19 That's correct.

02:31:23 Yes, legal?

02:31:26 >>JIM SHIMBERG: That is correct.

02:31:26 There are some private events from somebody rented the

02:31:29 entire park for a private event or you wouldn't let anybody

02:31:31 come in.

02:31:33 Normally if it's a public events or a regular day, people

02:31:37 are entitled to use their parks.

02:31:39 That's what they are inform.

02:31:39 >> So they can rent the entire park for a private event and

02:31:42 keep others from being there?

02:31:45 >>JIM SHIMBERG: Yes.

02:31:47 >>YVONNE CAPIN: Thank you for clarifying that.

02:31:48 >>HARRY COHEN: I notice that there's a lot of people from

02:31:57 Occupy Tampa here who are going to speak this afternoon, and

02:32:00 I'm looking forward to hearing what all of you have to say

02:32:03 about your experience here.

02:32:05 With that said, I have to take my hat off to the police

02:32:08 department and compliment you for what seems to me is a very

02:32:12 reasonable approach in trying to balance everybody's rights.

02:32:17 And I think the fact that there haven't been any arrests is

02:32:21 a sign that something about this strategy is work.

02:32:24 And I just want to say on the record that while, again, we

02:32:30 are all anxious to hear what everyone has to say about their

02:32:34 experience, I'm not for opening up the parks to sleep in at

02:32:38 night.

02:32:38 I don't think that's a step in the right direction for the

02:32:41 city.

02:32:41 And I don't think that there's been any demonstration that

02:32:47 that is something that is going to be in the overall

02:32:51 interest of the general public.

02:32:54 So, again, I will be anxious to hear what people have to say

02:32:56 but I am not inclined to think that's a good idea.

02:33:06 >>YVONNE CAPIN: We may at this.

02:33:07 The RNC is coming to our town in less than a year, and

02:33:10 there's going to be people coming into this town to want to

02:33:13 demonstrate, and they are not all going to have hotel rooms.

02:33:19 That you can pretty much count.

02:33:23 This is a thought that maybe our parking garage, or a

02:33:27 parking garage that has a cover, would be allowed for people

02:33:31 to sleep during this very huge demonstration, which will be

02:33:38 coming to our town in less than a year.

02:33:41 It's a consideration that maybe City Council can move on

02:33:48 that, and allow a parking, or two levels or one level is

02:33:54 covered, and that would be a place where people can stay.

02:33:58 Also, I want to state that the Supreme Court is streets, can

02:34:11 be free speech, writing can be free speech, it's a very

02:34:15 broad definition, free speech, and I just want to keep that

02:34:18 in mind.

02:34:18 And I promise -- well, I can't promise.

02:34:23 Thank you.

02:34:23 >>MARY MULHERN: Any other?

02:34:31 Okay, thank you very much.

02:34:33 I appreciate it.

02:34:38 The public comment will be at the end of the meeting.

02:34:41 We still have the rest of our meeting to conduct.

02:34:49 We are back to item number 64.

02:34:54 Okay.

02:34:55 I believe item number 64 through 68 were removed because

02:35:06 they were appropriations of more than $1 million.

02:35:09 So is there someone from staff that is going to address --

02:35:16 actually, are there any questions from council for them to

02:35:18 address?

02:35:31 Item number 64.

02:35:40 Is that you, Jim?

02:35:41 Is that I.T.?

02:35:44 Item number 64, I think, is the police department.

02:35:51 Does someone know?

02:35:53 Are you here for 64?

02:35:54 >> I'm Gary Lashempski for the area initiative which covers

02:36:06 the eight-county region and housed in the Tampa Police

02:36:09 Department.

02:36:12 This is for continuation of our interoperable communication,

02:36:18 to further enhance the communication for Hillsborough

02:36:20 County.

02:36:21 And it's paid completely through the urban area security

02:36:24 initiative which is a federal grant program.

02:36:26 >>MARY MULHERN: And that's part of integrating the Tampa

02:36:33 Police Department and the Sheriff's Department?

02:36:35 >> Right.

02:36:39 This is a continued enhancement of their equipment to

02:36:43 further their communication.

02:36:44 >>MARY MULHERN: Thank you for coming to speak on that.

02:36:48 Any questions?

02:36:49 Councilman Suarez?

02:36:54 >> A quick question.

02:36:55 So this is just a pass-through for federal dollars that we

02:36:57 are approving?

02:36:58 >> Correct.

02:36:58 The city pays upfront and it's reimbursed.

02:37:02 >>YVONNE CAPIN: I move item 64.

02:37:06 >>MARY MULHERN: Motion by Councilman Capin, seconded by

02:37:09 councilman Reddick.

02:37:11 All in favor?

02:37:12 Anyone opposed?

02:37:15 Thank you very much.

02:37:17 65.

02:37:19 And 66, is that you, Jim, together?

02:37:22 >> James butler, technology and innovation.

02:37:24 I would like to address 65 and 66 together because they are

02:37:27 related.

02:37:28 As you know, the city has been running on NOVEL software,

02:37:36 e-mail, calendaring for many years.

02:37:40 We learned that they were selling off that division of their

02:37:43 corporation and in the future the software that we run will

02:37:46 not be supported any longer.

02:37:48 So we had to come up with an alternative solution.

02:37:50 We looked at other solutions, analyzed the alternatives and

02:37:54 determined that switching over to a micro soft, software set

02:37:58 would be the most advantageous for us.

02:38:00 It brings a number of advantages to the city, making us much

02:38:04 more like many of the other organizations around since

02:38:07 Microsoft is in a lot of places at this point.

02:38:11 Secondarily, it saves us on our internal labor, because in

02:38:14 the past we have had to support both the NOVELL environment

02:38:22 and interface to microsoft.

02:38:25 So we looked at the e-mail and calendaring and that sort of

02:38:29 thing. We looked at state contracts, so we proposed to go

02:38:32 to state contract to buy both the software and the services

02:38:36 for implementation.

02:38:37 That way we get the maximum discount that anyone is going to

02:38:41 be able to get.

02:38:42 Item 66 is the software purchase itself.

02:38:46 Item 65 is the labor for the implementation that we would be

02:38:50 gaining from microsoft.

02:38:52 So we would encourage your support on this, and move

02:38:55 forward, and start this transition as soon as we can.

02:39:01 Any questions?

02:39:01 >>HARRY COHEN: Move to approve item 65.

02:39:08 >>MIKE SUAREZ: Second.

02:39:09 >>MARY MULHERN: I want to ask one question to make sure.

02:39:11 Both of these items are to do with the city-wide systems,

02:39:14 the Internet and --

02:39:17 >> Yes, ma'am.

02:39:19 >>MARY MULHERN: And the groupwise or whatever?

02:39:21 >> Right.

02:39:22 And replacementwise, all that associated software.

02:39:25 >>MARY MULHERN: Replace it.

02:39:27 Thank you.

02:39:27 Motion made by Councilman Cohen, seconded by councilwoman

02:39:32 Capin? Suarez?

02:39:34 All in favor?

02:39:38 65 and 66, right?

02:39:40 >>HARRY COHEN: It was actually 65 but I'll move 66.

02:39:44 >>YVONNE CAPIN: And I second it.

02:39:45 >>MARY MULHERN: Seconded by Councilwoman Capin.

02:39:47 All in favor?

02:39:48 Anyone opposed?

02:39:49 Thank you.

02:39:53 Item number 67.

02:39:56 >>TONJA BRICKHOUSE: Department of solid waste and

02:40:00 environmental program management.

02:40:03 I just want to come before you and request your approval of

02:40:06 a resolution which is basically one of the things that we

02:40:09 have been doing to be more efficient and effective. We

02:40:13 looked at how we have been -- we just went out to request

02:40:20 proposals.

02:40:22 As a result we are pleasantly surprised to see that we are

02:40:24 able to save a million dollars a year in just looking at

02:40:27 this.

02:40:28 So I request support in approving this new proposal with

02:40:36 republic services of Florida.

02:40:39 >> Any questions?

02:40:42 >>FRANK REDDICK: Move item 67.

02:40:44 >>MARY MULHERN: Thank you.

02:40:45 Motion made by Councilman Reddick, seconded by Councilwoman

02:40:48 Capin.

02:40:49 All in favor?

02:40:51 Anyone opposed?

02:40:51 >>TONJA BRICKHOUSE: Thank you, council.

02:40:56 >>MARY MULHERN: Item number 68.

02:40:59 >> Irvin Lee, director.

02:41:05 Item 58 is adding $2 million to a contract that we use as

02:41:11 part of one of the maintenance tools for supporting our

02:41:16 resurfacing program.

02:41:18 Any questions?

02:41:18 >> This is for paving?

02:41:25 >> Yes, sir.

02:41:25 >>MARY MULHERN: Any questions?

02:41:27 Councilwoman Capin?

02:41:30 >>YVONNE CAPIN: I understand that this has come before, that

02:41:37 paving is a process that we can't predict, in our exact

02:41:42 amount in our budget, X amount of dollars for paving,

02:41:46 because we have situations where we have to dig into the

02:41:50 ground and repave those streets that we could not predict.

02:41:54 So I understand that.

02:41:55 This is part of that.

02:41:57 >> Yes.

02:41:58 And this is just one of the tools that we use.

02:42:01 There are a variety of different methods, and this is just

02:42:04 one of them.

02:42:04 >>MARY MULHERN: Thank you, Mr. Lee.

02:42:13 We do know there will always be paving, right?

02:42:15 [ Laughter ]

02:42:16 >>HARRY COHEN: We should enthusiastically move this item

02:42:21 for all of our constituents that are complaining about the

02:42:27 condition of the pavement.

02:42:28 >> Second.

02:42:29 >>MARY MULHERN: Motion by Councilwoman Capin, seconded by

02:42:32 councilmen Coen and Suarez.

02:42:36 All in favor?

02:42:37 Anyone opposed?

02:42:41 I think Suarez was ahead on that.

02:42:49 Number 69 we have already moved.

02:42:50 Item number 730.

02:42:56 Mr. Shelby passed out the revised resolution.

02:43:01 Councilwoman Capin?

02:43:03 >>YVONNE CAPIN: Yes.

02:43:07 We had a discussion a couple of weeks ago, and we did -- Mr.

02:43:15 Shelby, please refer to our changes here.

02:43:17 Thank you.

02:43:18 >>MARTIN SHELBY: At the end of section one there was a

02:43:21 discussion last time as to whether there was an obligation

02:43:24 statutorily for the requirement of financial disclosure.

02:43:28 My research indicates that there is no obligation in the

02:43:34 state proposed for that, and I have amended the ordinance

02:43:38 accordingly, and I would present this as a substitution for

02:43:42 you.

02:43:47 >>YVONNE CAPIN: Thank you.

02:43:48 If you will indulge me before we read this, I would like to

02:43:57 say a few words about this particular resolution, and one

02:44:06 that we passed a couple of weeks ago, which was the safety

02:44:13 placard, the alcoholic beverage conditions placard.

02:44:16 And I want to thank officer Miller who participated, the

02:44:25 police, the law enforcement, code enforcement, Jake Slater,

02:44:30 and the fire marshal who participated in bringing forth the

02:44:38 conditions that were relevant for that tool, for them to

02:44:42 use, which will be implemented, will take about a year, but

02:44:50 it will be implemented, and it's another tool that will be

02:44:54 used to help our code enforcement, law enforcement and fire

02:44:57 marshal with their jobs.

02:45:03 So I want to thank everyone on council for helping bring

02:45:07 that forth.

02:45:07 And I want to absolutely thank my staff, Cindy Sarff --

02:45:14 where is she?

02:45:20 Stay here.

02:45:23 And Jim Reese.

02:45:26 It took a year to get that one ordinance to come to

02:45:30 fruition.

02:45:31 And now we are here with this resolution, and I want to say

02:45:34 again, thank you to the council, my fellow council members

02:45:38 for, you know, approving this to come forth, and being

02:45:42 comfortable with this resolution, and again I want to thank

02:45:47 my staff, Cindy Sarff and Jim Reese and everyone who came

02:45:54 forth on September 15th for the workshop for the

02:45:56 presentation on cultural and economic engineer -- engine.

02:46:04 For those of you that are here today asking about what

02:46:06 citizens can do, this is exactly something that is a tool

02:46:09 for the average citizen to participate in and bring forth to

02:46:14 City Council biannually, recommendations through this

02:46:18 committee.

02:46:22 Again, I thank my fellow council members.

02:46:25 And if you will indulge me, do I need to read the first --

02:46:30 can I read that first part, whereas?

02:46:33 >>MARTIN SHELBY: You can.

02:46:37 Legally all you need to do is move the resolution.

02:46:40 >>YVONNE CAPIN: Okay, I move the resolution.

02:46:41 But then if you will indulge me to read that whereas, fellow

02:46:45 council members.

02:46:46 Okay.

02:46:47 I move the resolution creating City Council citizens

02:46:50 advisory committee on the economic impact of cultural assets

02:46:54 prescribing its purpose and function, prescribing

02:46:58 appointment of terms of its membership, providing an

02:47:00 effective date.

02:47:01 >> Second.

02:47:06 >> Thank you.

02:47:07 I am going to read, whereas it is the consensus of this City

02:47:09 Council that greater community participation in and support

02:47:12 for the understanding of the role and importance of cultural

02:47:16 assets as engine of economic development within the City of

02:47:19 Tampa should be encouraged and obtained and that the

02:47:23 creation of the City Council citizens advisory committee on

02:47:26 the economic impact of cultural assets will stimulate and

02:47:30 serve as a catalyst for recommendations to Tampa City

02:47:35 Council in its determination of municipal needs and planning

02:47:39 in its consideration of facilitating and supporting our

02:47:42 unique cultural assets that attract and provide the

02:47:46 environment conducive to economic growth.

02:47:51 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

02:47:56 by councilman Cohen.

02:47:58 All in favor?

02:48:00 Anyone opposed?

02:48:00 >> Congratulations.

02:48:04 >>YVONNE CAPIN: Thank you.

02:48:06 >>MARY MULHERN: Councilman Cohen.

02:48:09 >>HARRY COHEN: I was going to make a nomination to nominate

02:48:13 you as our representative on this committee.

02:48:16 Do you want me to go ahead and do that?

02:48:18 >>MARY MULHERN: Motion by Councilman Cohen, seconded by

02:48:22 Councilman Suarez.

02:48:23 All in favor?

02:48:29 Councilwoman Capin?

02:48:31 >>YVONNE CAPIN: I wanted, the biannual report, the first

02:48:34 report from this council will be the last regular council

02:48:38 meeting in March, which would be March 22nd.

02:48:43 And if you have -- if you could have your appointee to the

02:48:52 committee as soon as possible, we would appreciate it so we

02:48:58 can get to work.

02:49:01 Thank you.

02:49:01 >>MARY MULHERN: Is that a motion?

02:49:03 Do you want a motion to come back on March --

02:49:06 >>YVONNE CAPIN: Yes.

02:49:06 I want to make a motion that the first report from the City

02:49:11 Council citizens advisory committee on economic impact of

02:49:17 cultural assets is due March 22nd, regular meeting.

02:49:24 >>MARTIN SHELBY: I'm sorry to interrupt, March 22nd is a

02:49:27 workshop according to my calendar.

02:49:30 The regular meeting two 15th.

02:49:36 I don't know whether you want it on a workshop day or

02:49:38 regular --

02:49:45 >>YVONNE CAPIN: March would be the midyear point.

02:49:47 Stow workshop will be fine.

02:49:48 >>HARRY COHEN: That's why the 15th is our last regular.

02:49:53 >>MARY MULHERN: Set it as a workshop on the 22nd?

02:49:58 >> It's a report.

02:49:59 >>MARY MULHERN: A report?

02:50:03 >> If you want a report on a workshop day, that's council's

02:50:06 pleasure.

02:50:07 9:00 a.m.?

02:50:09 >>YVONNE CAPIN: 9:00 a.m.

02:50:10 >>HARRY COHEN: Second.

02:50:11 >>MARY MULHERN: Motion made by Councilwoman Capin, seconded

02:50:14 by Councilman Cohen.

02:50:15 All in favor?

02:50:16 And that's on the 22nd.

02:50:17 A report from the citizens committee.

02:50:27 I believe we have just two items left.

02:50:34 The two that were pulled from the consent agenda.

02:50:37 We have a memo that I believe was entered in our review from

02:50:49 Councilwoman Montelione who requested that we continue it

02:50:51 until -- what was her request?

02:50:58 We just pulled it off the consent agenda to discuss it.

02:51:04 Councilman Reddick.

02:51:07 >>FRANK REDDICK: Madam characters I request -- I think it's

02:51:14 the urgency to move forward with this, and waiting two weeks

02:51:18 to have discussion where there's only some minor concerns, I

02:51:21 think it's just not appropriate enough that we can hold back

02:51:27 something that needs to go forward.

02:51:31 And express administration as well.

02:51:36 >>STEVE DAIGNAULT: Administrator public works, utility

02:51:40 services.

02:51:41 This a change order for the spring hill park community

02:51:43 center, and both Ms. Palus and I have spent time with

02:51:51 council member Montelione on her questions on this issue.

02:51:54 We have answered all of her questions.

02:51:58 We'll we would be glad to get with her as well if she has

02:52:01 other concerns when she returns.

02:52:04 Nevertheless, to keep this project moving and to keep our

02:52:06 contractor on board and paid on time, we are requesting that

02:52:10 you approve this today.

02:52:14 Item 11 is the change order, and item number 12 is the

02:52:17 financial reso that goes along with that change.

02:52:21 >>MARY MULHERN: Councilman Suarez.

02:52:24 >>MIKE SUAREZ: Mr. Daignault, you said that you met with

02:52:28 Ms. Montelione.

02:52:29 Was it after the date of this memo?

02:52:34 >>STEVE DAIGNAULT: I met with her before, and Ms. Palus

02:52:37 spoke with her specifically about these questions after they

02:52:41 were presented to her.

02:52:45 .

02:52:47 >>MIKE SUAREZ: The reason I am asking obviously, they were

02:52:50 there, these have been pulled.

02:52:51 Are these questions that you answered previously?

02:52:53 >>STEVE DAIGNAULT: These are questions that we provided

02:52:55 answers to her on.

02:52:58 >>MARY MULHERN: I see that Ms. Palus is here if anyone

02:53:06 would like to ask any questions.

02:53:08 Downtown have to.

02:53:08 If anyone has questions for Ms. Palus.

02:53:12 >>MIKE SUAREZ: Might as well bring up Karen.

02:53:16 Come on, Karen.

02:53:17 >>KAREN PALUS: I apologize for my voice.

02:53:28 I'm under the weather.

02:53:29 >>MIKE SUAREZ: Now you blame us for not being able to

02:53:33 sleep?

02:53:34 Okay.

02:53:35 Obviously, a lot of these questions, you know, Councilwoman

02:53:38 Montelione, because of her background and abilities, is

02:53:42 always asking questions about change orders ands about the

02:53:45 additional amounts for particular pieces.

02:53:48 And I guess my question is, and I agreed with Mr. Reddick, I

02:53:54 think there is a time frame issue here concerning the park

02:53:58 over in Sulphur Springs, is were these questions not

02:54:02 answered?

02:54:04 It's kind of hard because you are playing one end of a

02:54:06 two-end conversation.

02:54:08 But I assume that she asked all these questions, you

02:54:12 answered all these questions specifically to what you wrote

02:54:15 in the memo, correct?

02:54:18 >>KAREN PALUS: Yes, Councilman Suarez.

02:54:20 Waive done is I have spoken with council member Montelione,

02:54:25 first of all her questions she had regarding the contract

02:54:28 and the information.

02:54:29 I then told her what I would do is go back, review all the

02:54:33 items that she brought to my attention and discuss it with

02:54:34 her.

02:54:35 She had written this particular memo prior to our second

02:54:38 discussion, so that I spoke to her later that evening, went

02:54:42 all through those items.

02:54:44 But the memo had been sent over already, so that's why the

02:54:49 questions are still there.

02:54:50 We talked about all of them and we talked about our handling

02:54:54 some things in the future and some things that Steve and I

02:54:56 had committed to, to assist her, but as far as the questions

02:55:02 were there and is specific to Spring Hill, we have answered

02:55:05 them for her.

02:55:06 >>MARY MULHERN: Don't go way yet.

02:55:10 So you answered the question.

02:55:11 And you satisfied her?

02:55:13 Was she satisfied with the answers?

02:55:15 Or is she asking -- did you tell her, narcs you couldn't

02:55:19 change anything?

02:55:20 It's hard for us to have this conversation without her here.

02:55:23 >>KAREN PALUS: Yes, she was satisfied with some of the

02:55:28 information we had given her and explained what was

02:55:29 different about this particular project and such.

02:55:32 She did have some concerns that she would like to discuss

02:55:36 further, and that's why Mr. Daignault and I committed to her

02:55:41 to sit down further.

02:55:42 >>MARY MULHERN: Thank you.

02:55:44 Any other questions?

02:55:48 Thank you.

02:55:49 I appreciate that.

02:55:49 >>MIKE SUAREZ: I would like to move items 11 and 12.

02:55:55 >>FRANK REDDICK: Second.

02:55:57 >>MARY MULHERN: Motion to move items number 11 and 12 made

02:56:01 by Councilman Suarez, seconded by Councilman Reddick.

02:56:05 All in favor?

02:56:08 Anyone opposed?

02:56:10 Hopefully you will be talking to Lisa when she's back in

02:56:14 town.

02:56:19 I think we are done with the regular agenda.

02:56:24 Did I miss anything?

02:56:28 We are good?

02:56:29 Okay.

02:56:33 Let's deal with if there's any new business before we have

02:56:37 our public comment.

02:56:39 Any new business?

02:56:42 >>HARRY COHEN: Two items of new business.

02:56:44 The first is just a letter that I would like to read from

02:56:47 the Gandy sun bay South civic association, and the civic

02:56:51 association of Port Tampa.

02:56:53 It's just a letter thanking the city for the addition of

02:56:56 Manhattan trail.

02:56:59 The trail has become a great asset to both neighborhoods and

02:57:02 ties their communities together.

02:57:03 Now that new trees have been planted along the trail, they

02:57:06 are respectfully requesting that the Manhattan trail be

02:57:10 officially dedicated and celebrated and I would like to make

02:57:14 a motion that we ask the city to schedule a dedication

02:57:19 ceremony.

02:57:19 >>MIKE SUAREZ: Second.

02:57:21 >>MARY MULHERN: Motion by Councilman Cohen, seconded by

02:57:24 Councilman Suarez.

02:57:25 All in favor?

02:57:26 Anyone opposed?

02:57:27 >>HARRY COHEN: The second item of new business that I have

02:57:32 today is a public safety issue.

02:57:35 We have talked about red light cameras.

02:57:37 We talked about street solicitation.

02:57:41 And during the discussions, of these items, a lot of

02:57:45 citizens have come to me and requested that the City Council

02:57:49 take a look at an ordinance dealing with the issue of

02:57:54 texting while driving a motor vehicle.

02:57:56 And I wanted to put that item on the table.

02:58:00 I wanted to suggest or request that the legal department

02:58:05 come back to us with some options so that we can begin a

02:58:08 discussion about the issue.

02:58:10 I don't wants to presuppose where the discussion will go.

02:58:13 But it's something that is clearly, clearly a safety hazard

02:58:20 while people are driving cars.

02:58:21 So I would like to make a motion to ask the legal department

02:58:26 to come back to us with some options for dealing with this

02:58:30 issue.

02:58:32 I would be happy to work with them.

02:58:33 And I was hoping that we could have a discussion on this

02:58:36 matter at our November 3rd City Council meeting at 10:00

02:58:44 under staff reports.

02:58:47 >>MARY MULHERN: Is that enough time for legal to come back?

02:58:49 Mr. Shimberg?

02:58:50 >> Maybe not.

02:58:54 >>HARRY COHEN: Why don't we say December 1st at 10:00?

02:59:00 >>JIM SHIMBERG: That's fine.

02:59:00 >>MARY MULHERN: Motion by Councilman Cohen, seconded by

02:59:08 Councilman Suarez.

02:59:09 All in favor?

02:59:10 Anyone opposed?

02:59:11 Thank you.

02:59:11 >>FRANK REDDICK: No new business, Madam Chair, but I think

02:59:19 Councilman Cohen could be fined or go to jail by texting.

02:59:26 >>HARRY COHEN: I'll be there with you.

02:59:27 >>FRANK REDDICK: Thank you.

02:59:31 [ Laughter ]

02:59:31 >>MARY MULHERN: Councilwoman Capin.

02:59:44 >>YVONNE CAPIN: Pull over if you need to text or answer.

02:59:46 I do have new business.

02:59:47 I would like to make a motion to present the University of

02:59:50 Tampa, or make a motion to present the University of Tampa,

02:59:56 Dr. Roger Vaughan, a commendation on Thursday, December

02:59:59 1st at 9:00 a.m.

03:00:02 >> Second.

03:00:02 >>MARY MULHERN: Motion made by Councilman Capin, seconded

03:00:05 by Councilman Suarez.

03:00:06 All in favor?

03:00:07 Anyone opposed?

03:00:11 Is that it?

03:00:15 Councilman Suarez?

03:00:17 >>MIKE SUAREZ: In a new business today.

03:00:19 >>MARY MULHERN: I had some new business earlier in the

03:00:21 meeting.

03:00:23 Now I'm not so sure so I am going ask council for how they

03:00:26 feel about it.

03:00:33 Because of the discussion about the Occupy Tampa and about

03:00:38 the convention, and the fact that a lot of the questions and

03:00:44 actually my interest, and the reason that I agreed to go

03:00:47 speak with the group was because there had been a suggestion

03:00:53 that we might be -- council might be presented with a

03:00:58 request to change our ordinances.

03:01:01 So I think this can be open-ended and we can maybe give it

03:01:10 two weeks for legal, and parks and TPD to come back and tell

03:01:18 us, make some recommendations if you feel there are any that

03:01:25 you would like us to make regarding sidewalks, or our code.

03:01:39 >>JIM SHIMBERG: I met with the police chief and the mayor

03:01:41 yesterday.

03:01:41 I don't think at this point there's anything we are ready to

03:01:43 come forward with in the very short term.

03:01:45 We were looking at there's some comprehensive changes that

03:01:48 we mate suggest leading up to the RNC and that's what we are

03:01:51 working towards.

03:01:52 But if you want us to come back and reports on that, I am

03:01:56 happy to check with everybody.

03:01:57 >>MARY MULHERN: Passing the gavel here.

03:02:01 Yes, actually, I would like to have just a report kind of

03:02:04 like we had today and I will try to make it early in the

03:02:06 meeting so that we don't have -- that we are sitting here

03:02:12 all day.

03:02:14 Perhaps at our next council meeting.

03:02:16 Lots can happen in two weeks.

03:02:18 Who knows?

03:02:18 So just where we are with it.

03:02:21 >>JIM SHIMBERG: Sure.

03:02:23 >>MARY MULHERN: They may have all moved to St. Pete.

03:02:26 You may move your protest every there.

03:02:28 Councilman Suarez.

03:02:31 That's a motion.

03:02:32 >>MIKE SUAREZ: Discussion for the motion itself.

03:02:35 Mr. Shimberg, and I may be wrong about this, but two issues

03:02:39 that we are talking about between Occupy Tampa and the RNC,

03:02:43 those are -- with the secret service and other things, some

03:02:52 aspects of what happens around the areas -- I just want to

03:02:59 make sure because you might want to bring that forward to

03:03:02 us, too, so we know exactly what is already in federal law

03:03:06 concerning these types -- not only this type of event but

03:03:09 just the protection of both political candidates and the

03:03:13 president.

03:03:15 We have seen this nap lot of other cities that there seems

03:03:19 to be federal law that already controls kind of where the

03:03:24 perimeter is, how that's controlled and everything else.

03:03:27 I just want to make sure beer knot not setting up an

03:03:30 ordinance that we are not going to be --

03:03:32 >> No, absolutely.

03:03:39 Not talking about things in the security zone.

03:03:41 We are talking about our parks and our roadways and our

03:03:44 sidewalks and not issues lake sleeping and things like that.

03:03:47 That's the kind of stuff we are looking at.

03:03:48 >>HARRY COHEN: Is there a motion on the floor?

03:03:55 >>MARY MULHERN: Here is what I am going suggest.

03:03:56 It sound like you aren't intending in the next couple of

03:04:00 weeks to bring forth any kind of ordinance for us to adopt.

03:04:03 But I still would like to have a report on the status of

03:04:08 what's happening between the police department and the

03:04:14 protestors.

03:04:16 In two weeks.

03:04:17 And then we'll just have an idea of how things are going.

03:04:20 And I think this is a public forum where we can hear about

03:04:26 what's happening, and the information can be brought to us

03:04:32 from the administration and the police department and parks

03:04:37 if they have anything to offer

03:04:51 So my request is for legal and/or TPD and/or the Parks

03:04:55 Department on the status of what's happening.

03:04:59 >>HARRY COHEN: For the clerk that would be November 3rd

03:05:01 at 10:00.

03:05:02 >>MARY MULHERN: Yes, and that could be just number one on

03:05:09 staff reports for that morning.

03:05:13 >> I'll second that.

03:05:18 >>HARRY COHEN: Motion by Councilman Mulhern, second bid

03:05:22 Councilman Suarez.

03:05:23 All in favor?

03:05:24 Opposed?

03:05:24 >>MARY MULHERN: Thank you.

03:05:27 Sorry.

03:05:29 That's it for me.

03:05:30 For new business.

03:05:32 >>HARRY COHEN: And I will give you the gavel back for

03:05:34 continuation of the public comment.

03:05:35 >>MARY MULHERN: Now is the time for anyone who wishes to

03:05:39 speak on anything to come forward.

03:05:43 And council, I believe, three minutes?

03:05:47 Is that what the council wants to give?

03:05:51 We only had two earlier.

03:05:53 We should be consistent.

03:05:53 So two minutes.

03:05:54 >> Two will be fine as well.

03:05:56 (Off camera at 3:06 p.m.)



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