TAMPA CITY COUNCIL
March 1, 2012
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8:43:49AM >>CHARLIE MIRANDA: City Council is called to order.
9:05:43AM The Chair yields to Mr. Mike Suarez.
9:05:45AM >>MIKE SUAREZ: Thank you, Chair.
9:05:46AM Like to introduce our pastor for the day -- there he is.
9:05:51AM I couldn't see you, Ron.
9:05:53AM Ron Satterwhite, the pastor of First Baptist Church of Port
9:05:58AM Pastor Satterwhite was born in Tallahassee, moved to Tampa
9:06:01AM when he was four years old.
9:06:03AM Graduated from Robinson High School.
9:06:05AM And the Bible college of, Florida Bible college, excuse me,
9:06:09AM and New Orleans Baptist theological seminary.
9:06:12AM Pastor Ron is married to the former Melody Pye, a graduate
9:06:17AM of Plant High School.
9:06:18AM They have three children, Jennifer, Dean and Amber.
9:06:20AM And I believe it's your son Dean is just about to get out of
9:06:24AM the military.
9:06:24AM He served three tours overseas for our country.
9:06:28AM So, Pastor Ron, if you could come on up and give us the
9:06:33AM Appreciate it.
9:06:33AM Thank you.
9:06:34AM And please remain standing for the Pledge of Allegiance.
9:06:37AM Thank you.
9:06:38AM >> Would you bow in prayer with me?
9:06:40AM Father, I thank you for this opportunity to come and pray
9:06:43AM for the leadership of this city.
9:06:45AM I thank you for the City of Tampa and the opportunity that
9:06:49AM I've had to grow up here and to come back here now even and
9:06:54AM to minister.
9:06:56AM And I thank you for the leadership that you've risen in this
9:06:59AM room, to lead this great city.
9:07:03AM At the same time, Lord, I pray for the needs of the city,
9:07:07AM because they are great.
9:07:08AM And I pray that you would be with each one in this room
9:07:14AM today, as they deal with the issues that are taking place in
9:07:19AM peoples' lives.
9:07:19AM I thank you, father, for the opportunity that we have to be
9:07:25AM able to come together in a free country, for those that are
9:07:30AM serving our country in the military, like my son, who I
9:07:36AM thank you that has come back three times safely.
9:07:39AM And I pray now that even as this group meets today, that you
9:07:45AM would bless them, watch over them in a very special way.
9:07:48AM And I give all the glory to my Lord and saviour, Jesus
9:07:53AM Christ, in his name I pray, Amen.
9:08:00AM [PLEDGE OF ALLEGIANCE]
9:08:22AM >>CHARLIE MIRANDA: Roll call.
9:08:24AM >>MIKE SUAREZ: Here.
9:08:25AM >>YVONNE CAPIN: Present.
9:08:27AM >>FRANK REDDICK: Here.
9:08:28AM >>MARY MULHERN: Here.
9:08:29AM >>HARRY COHEN: Here.
9:08:31AM >>CHARLIE MIRANDA: Here.
9:08:33AM >>CHARLIE MIRANDA: I'm privileged to say that this morning,
9:08:35AM we have a new grandmother in this building.
9:08:38AM In fact, on this floor.
9:08:40AM But I'm not going to say any more, Yolie Capin?
9:08:45AM [ Laughter ]
9:08:46AM >>CHARLIE MIRANDA: Congratulations on a beautiful grandchild
9:08:48AM that was born.
9:08:50AM >>YVONNE CAPIN: Leap day.
9:08:50AM A leap day baby.
9:08:52AM >>CHARLIE MIRANDA: Congratulations again.
9:08:53AM That's one of the greatest things in life.
9:08:56AM >>YVONNE CAPIN: Thank you.
9:08:57AM It's a little boy and his name is Miles.
9:09:00AM [ Applause ]
9:09:04AM I want to say welcome to our world, Miles.
9:09:10AM >>CHARLIE MIRANDA: I hope your grandmother makes it a better
9:09:15AM All right.
9:09:16AM I need approval of the minutes of the February 16th.
9:09:21AM >> So moved.
9:09:22AM >> Second.
9:09:24AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by the
9:09:28AM honorable man from district four, is it?
9:09:34AM All in favor of the motion, please indicate by saying aye.
9:09:37AM Opposed nay.
9:09:38AM The ayes have it unanimously.
9:09:39AM >> Mr. Chairman, does that also include December 8th?
9:09:43AM >>CHARLIE MIRANDA: I also need the minutes approved for
9:09:45AM December 8th.
9:09:46AM >> So moved.
9:09:46AM >>CHARLIE MIRANDA: Since there are two different meetings, I
9:09:48AM did them both separately.
9:09:49AM Motion by Mr. Suarez, second by Ms. Mulhern, all in favor of
9:09:53AM the motion please indicate by saying aye.
9:09:55AM The ayes have it unanimously.
9:09:56AM All right.
9:09:58AM We have ceremony activities.
9:10:01AM Our first one, Mr. John DeMuro.
9:10:14AM >> Good morning, thank you, Mr. Chairman and Councilmembers.
9:10:17AM Mr. John DeMuro with the Moffitt Cancer Center will not be
9:10:21AM with us day.
9:10:24AM Good morning, congratulations on Miles, I hope he takes many
9:10:27AM miles of steps in his life.
9:10:29AM After his grandmother.
9:10:30AM My name is Nikki Ross Inda, and I'm with the Moffitt Cancer
9:10:35AM Center, and I am also the coordinator of the first and only
9:10:39AM Moffitt healthy kids program.
9:10:41AM On behalf of Dr. B Lee Green, who is vice-president of the
9:10:47AM Moffitt diversity, senior members of health and outcome,
9:10:51AM director and co-PI of the center of equal health, which is
9:10:55AM the partnership with USF.
9:10:56AM Who wanted to be with us this morning, but his leadership
9:10:59AM was needed at the cancer center.
9:11:02AM So he's asked me to prepare some statements on his behalf.
9:11:05AM If I may, please.
9:11:08AM It is my sincere apologies for not being able to be with you
9:11:12AM this morning.
9:11:13AM But, on behalf of the Moffitt Cancer Center, leadership,
9:11:17AM faculty and staff, we would like to thank you for all your
9:11:20AM support of the Moffitt Cancer Center in general.
9:11:23AM And more specifically, today, the men's health forum.
9:11:28AM The men's health forum is an event we are very proud of.
9:11:31AM We are in the twelfth year and it's the largest men's health
9:11:36AM event in the Tampa Bay surrounding areas.
9:11:39AM It was started by a cancer survivor, which many of you may
9:11:42AM know, Mr. Bob Samuels, who saw the need to provide education
9:11:48AM and awareness to the men in our community to have lifesaving
9:11:51AM screening performed, and access to health information that
9:11:57AM makes them a better health consumer.
9:12:00AM And we do know that knowledge is power, and prevention is
9:12:05AM very important.
9:12:09AM We are very thankful for the many partners throughout the
9:12:12AM Tampa Bay area who have provided their support to make this
9:12:14AM event successful.
9:12:16AM These partners give of their time, their money and staff to
9:12:21AM ensure that these men get the much-needed services that
9:12:24AM could have a positive impact on them and their families.
9:12:28AM Last year, we had over 600 men at the USF Marshall Center.
9:12:37AM That's an enormous need to meet.
9:12:40AM This year we are expecting to have that amount increase.
9:12:45AM So we want to thank you, the Council, for your support and
9:12:49AM the opportunity to be here this morning.
9:12:50AM We don't take this for granted.
9:12:52AM We realize there are a lot of thing on your doc.
9:12:55AM And we are thankful that you recognize the importance of the
9:12:58AM men's health forum and how important it is to take care of
9:13:00AM the men in this community, because I believe that if we take
9:13:03AM care of the men in this community, it will trickle down
9:13:06AM through the homes and through our communities and I know
9:13:09AM that everyone in here could stand in agreement and knowing
9:13:13AM we are all for a healthy Tampa Bay.
9:13:17AM Then those are statements by Dr. Lee Green.
9:13:19AM And I just personally want to thank you for your support.
9:13:22AM I know that Councilwoman Capin and Councilwoman Montelione
9:13:29AM have already confirmed their attendance.
9:13:32AM We're excited about having you there.
9:13:35AM And we just encourage other Councilmembers that have not
9:13:39AM officially accepted the invite, we welcome you, as well.
9:13:44AM And as a wife myself, a friend and a companion, I want to
9:13:51AM thank you.
9:13:52AM And now I would like to pass it along to my colleague,
9:13:56AM Dr. Brian Rivers.
9:13:58AM >> Good morning, Mr. Chairman and members of the City
9:14:00AM My name is Dr. Brian Rivers, I'm on the research faculty of
9:14:05AM Moffitt cancer center.
9:14:06AM Most of my research deals with health promotion among men,
9:14:11AM particularly addressing prostate cancer.
9:14:14AM Men's health forum is one event we have been to increase an
9:14:18AM Today we'd like to thank you once again for this opportunity
9:14:21AM to come before you and also to promote this event and we ask
9:14:27AM your continued support and want to invite you on
9:14:29AM March 17th to USF Marshall Center, thank you.
9:14:35AM >> [speaking Spanish]
9:15:04AM >> My name is Roberto Ramos, I'm a diversity and exclusion
9:15:09AM specialist with the Moffitt Cancer Center.
9:15:11AM My role revolves around enhancing the linguistic competence
9:15:16AM of the center and our community partners and all our
9:15:19AM patients and family members and volunteers that work at the
9:15:22AM cancer center.
9:15:23AM Over the first few years of the men's health forum, it was
9:15:27AM primarily focused on African-American men.
9:15:30AM Over the last couple years, we opened it up to the Hispanic
9:15:35AM community and had a tremendous attendance of over 200 men
9:15:39AM the first time.
9:15:40AM We're very excited to say that the men's health forum is not
9:15:44AM only the only men's health forum in the City of Tampa that
9:15:48AM provides free health care screening to uninsured and low
9:15:52AM income men, but it's also a bilingual event.
9:15:56AM So we're very happy about that.
9:15:58AM We'd like to thank you again for your support.
9:16:02AM We'd love for you all to come out with your family members
9:16:06AM and so we thank you.
9:16:11AM >>CHARLIE MIRANDA: All right.
9:16:12AM I have Ms. Mulhern, who moved the resolution, then
9:16:15AM Mr. Reddick.
9:16:18AM >>MARY MULHERN: Thank you.
9:16:19AM I'd like to move a resolution in support of the Moffitt
9:16:22AM Cancer Center's men's health forum.
9:16:25AM >>CHARLIE MIRANDA: Have a motion by Ms.--
9:16:27AM >> Second.
9:16:28AM >>CHARLIE MIRANDA: Got four seconds there.
9:16:34AM I'll have motion by Ms. Mulhern, second by Reddick and the
9:16:37AM remainder of the Councilmembers also.
9:16:40AM All in favor of that motion please indicate by saying aye.
9:16:42AM Opposed nay.
9:16:44AM The ayes have it unanimously.
9:16:44AM Thank you so very much.
9:16:47AM I was going to ask [speaking Spanish]
9:17:00AM >>CHARLIE MIRANDA: Mr. Reddick?
9:17:01AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:17:06AM Before you leave, just want to raise question -- you can
9:17:11AM come to the mic.
9:17:11AM Mr. Chair, I understood everything he was saying.
9:17:14AM [ Laughter ]
9:17:16AM >>FRANK REDDICK: Just want to let you know.
9:17:19AM I participated in the health forum when it originally
9:17:22AM started in ACC.
9:17:25AM >> That's correct.
9:17:26AM >>FRANK REDDICK: And up to the time where you moved it over
9:17:28AM to University of South Florida.
9:17:30AM One of the things I noticed in the past year, that you're no
9:17:37AM longer doing the prostate exam.
9:17:39AM >> That's correct.
9:17:42AM >>FRANK REDDICK: You were giving it out some and you limit
9:17:48AM the numbers you were giving out.
9:17:50AM Is the rational for avoiding the prostate examination
9:17:55AM because I know when it was at ACC, you know, we used to have
9:18:01AM hundreds and hundreds of men that stood in line to have that
9:18:06AM I don't know if the numbers went down since you stopped
9:18:10AM doing it.
9:18:11AM But, is there a rational for why, the reason for you
9:18:17AM >> The research and clinical practice and the standard of
9:18:19AM care, we thought it was best that we align ourselves with
9:18:22AM the national evidence that states that individuals should be
9:18:25AM provided with balanced information as relates to prostate
9:18:28AM cancer screening.
9:18:29AM Many should get the advantages of us being screened for
9:18:33AM prostate cancer, as well as the disadvantages.
9:18:36AM Men decide for themselves if screening is right for them.
9:18:38AM And if you feel screening is right for you, then we do give
9:18:42AM out vouchers at the men's health forum where individuals can
9:18:44AM go and get a free screening at Moffitt Cancer Center on
9:18:49AM Fowler avenue.
9:18:50AM So we instituted an educational component that sort of
9:18:54AM precedes the actual screening process.
9:18:56AM The numbers have remained steady.
9:18:59AM And again, there are so many activities in the Tampa Bay
9:19:02AM area now around prostate cancer awareness, I run several
9:19:06AM events myself that is purpose to educate men as well as lead
9:19:09AM them to screening.
9:19:10AM So if there is any fluctuation in the numbers, it is because
9:19:14AM there are so many activities we have been privileged enough
9:19:17AM to receive funding for to assure the screening is taking
9:19:21AM place, especially among the high risk population we are
9:19:24AM dealing with here, and that's African-American men.
9:19:26AM >>FRANK REDDICK: The reason I raise that question, because
9:19:29AM it took a lot for men to come out to ACC and just to see the
9:19:35AM expression when they come out of the exam room, you know, it
9:19:38AM was amazing.
9:19:39AM And but, it was encouraging because there was PR move on to
9:19:46AM get, particularly African-American men, to go out and do
9:19:50AM And with men, a lot of men have the tendency, don't want to
9:19:54AM see the doctor, until there's a need for it.
9:19:56AM So, I just didn't want to see men or Hispanic,
9:20:01AM African-American, whatever, stop going because you're not
9:20:05AM doing oversight examination.
9:20:07AM And feel as though they don't have to come out, because
9:20:10AM still important we get the examination.
9:20:13AM That's why I raised the question to you.
9:20:15AM >> Thank you very much.
9:20:15AM And we have many other events as well that wield be doing.
9:20:19AM HIV and aids, to vision, the cholesterol, to glucose
9:20:23AM And so again, we try and cover the gamut.
9:20:27AM We're still marketing in those particular areas to try to
9:20:30AM reach men in general, which is a hard to reach population,
9:20:34AM particularly the high risk groups such as African-American
9:20:38AM >> Doctor, I want to thank you all for coming out here.
9:20:43AM There's very few people that have not been touched by
9:20:47AM I know my own family, everyone, including myself, has had
9:20:50AM cancer, except one of my sisters.
9:20:53AM The importance of early detection cannot be overemphasized.
9:20:59AM In my case, I was lucky that my cancer was discovered.
9:21:02AM But in terms of my father, who also had prostate cancer, his
9:21:06AM brother had prostate cancer, my sister has had skin cancer,
9:21:11AM those things are the reason why they are living today.
9:21:14AM And I appreciate, thank you for doing the men's health
9:21:17AM forum, because that is the hardest thing to do.
9:21:20AM I lost a friend of mine to colon cancer because of this.
9:21:23AM And to me, I think that early detection is the only thing
9:21:28AM that's going to help save lives out there.
9:21:30AM And thank you very much for doing this.
9:21:31AM I probably will be out there for the breakfast.
9:21:34AM And maybe only the breakfast.
9:21:37AM >> Thanks so much.
9:21:38AM We'd love to have you.
9:21:41AM >>MIKE SUAREZ: Thank you so much for everything you do.
9:21:43AM Moffitt is a great place here in Tampa.
9:21:46AM It is a place that really cares about its patients.
9:21:50AM And having been a patient there, I can attest to that
9:21:53AM So thank you very much.
9:21:54AM >> Thanks so much for your support.
9:21:55AM >>CHARLIE MIRANDA: Thank you all very much.
9:21:57AM Before I go to the second ceremony activity, regarding
9:22:02AM Women's History Month, I want approval of the agenda, if I
9:22:07AM may ask that of the City Council members and also the
9:22:10AM addendum to be received by the clerk and brought up.
9:22:13AM I need approval of the agenda.
9:22:15AM >> Moved approval.
9:22:17AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, second by
9:22:19AM Mr. Cohen.
9:22:20AM Further discussion?
9:22:20AM All in favor of the motion, please indicate by saying aye --
9:22:22AM yes, ma'am?
9:22:24AM >>MARY MULHERN: Thank you.
9:22:24AM We're not going to go over the individual items?
9:22:29AM >>CHARLIE MIRANDA: Yes.
9:22:31AM That's the agenda.
9:22:31AM Then I'm going to the addendum.
9:22:34AM >>MARY MULHERN: We are not approving the addendum, just the
9:22:37AM >>CHARLIE MIRANDA: Just the agenda right now.
9:22:39AM The addendum I haven't done.
9:22:40AM Clerk's going to bring it up.
9:22:42AM I have a motion by Mr. Reddick, second by Mr. Cohen.
9:22:45AM Further discussion of that item?
9:22:46AM All in favor of the motion, please indicate by saying aye.
9:22:48AM Opposed nay.
9:22:50AM The ayes have it unanimously.
9:22:50AM All right.
9:22:53AM I'd like to, in a little bit, as soon as we finish with the
9:22:58AM ceremony activities, bring up the addendum and then bring up
9:23:03AM the chief of the police department, so we can discuss the
9:23:07AM items she has on the agenda.
9:23:09AM So she can get back to work and do the outstanding job she's
9:23:13AM doing for all the citizens.
9:23:14AM Okay, item number two is the one for the Women's History
9:23:19AM Month celebration.
9:23:23AM It's here and Ms. Mulhern will handle that.
9:23:40AM >> Good morning, Mr. Chairman, I'm Acquanetta Grant from the
9:23:45AM purchasing department.
9:23:46AM Of the economic development department.
9:23:48AM We are cochairs of the 2012 women's history celebration.
9:23:52AM Each year in March, March is designated as women's national
9:23:56AM history month to ensure the history of American women will
9:23:59AM be recognized and celebrated in schools, workplaces and
9:24:04AM communities throughout the country.
9:24:05AM The national thing this year is women's education, women's
9:24:09AM With me today are members of the planning committee and we
9:24:13AM wish to extend a formal invitation to the City of Tampa
9:24:16AM 16th annual celebration to all Councilmembers, city staff
9:24:20AM and the public to join us on Tuesday, March 6th at the Tampa
9:24:25AM convention center ballroom D.
9:24:27AM At 10:30.
9:24:28AM During this time we'll pay tribute to Josephine Howard
9:24:34AM Stafford, former assistant city attorney, who dedicated 24
9:24:38AM years of service to the City of Tampa, or the pioneer of
9:24:41AM women's issue, both professionally and in the community.
9:24:44AM Each year, we celebrate either a current or former city of
9:24:49AM Tampa female employee who demonstrates outstanding
9:24:51AM commitment to her position and the community.
9:24:54AM It is with great pleasure that we formally announce that we
9:24:58AM are honoring captain Susan D Tammy of Tampa fire rescue.
9:25:04AM -- Tampa fire rescue is this year's recipient of the
9:25:14AM Josephine memorial award.
9:25:16AM Again this year we are collaborating with MacDill Air
9:25:19AM Force Base in recognizing a military and civilian female
9:25:23AM employee of the sixth air mobility wing.
9:25:26AM We are pleased the Council chair pro-tem Mary Mulhern will
9:25:30AM be participating in the program.
9:25:32AM We'd also like to recognize Councilwoman Yvonne Yolie Capin
9:25:36AM and Montelione as honorary chairs.
9:25:39AM We're very fortunate to have Elizabeth Dearborn Davis, a
9:25:42AM Tampa native, and CEO and cofounder of the district for
9:25:47AM woman in Rwanda, Africa as our keynote speaker.
9:25:51AM Joanna Rossi of USF media will be our mistress of
9:25:58AM The power school jazz band will entertain and lead the
9:26:04AM We hope you will be able to join us next Tuesday and we
9:26:07AM thank you very much for your time this morning.
9:26:12AM >>MARY MULHERN: Thank you.
9:26:13AM And it's my honor to present you and the committee with this
9:26:16AM commendation for Tampa Women's History Month celebration
9:26:20AM Women across America have helped make Tampa a great place to
9:26:23AM work, live and play.
9:26:24AM They have improved our communities and played a vital role
9:26:28AM in achieving justice and equal rights for all citizens.
9:26:30AM During Women's History Month, we celebrate the many
9:26:33AM contributions women make to our society.
9:26:35AM Today, the United States remains a country that offers the
9:26:38AM greatest freedom on earth, and women continue to strengthen
9:26:41AM our nation by excelling as leaders in business, law,
9:26:45AM politics, education, community services, medicine and the
9:26:49AM The brave women who wear the uniform of the U.S. armed
9:26:52AM forces are helping lay the foundation of pales and freedom
9:26:55AM for future generations.
9:26:56AM Members of Tampa City Council commend the efforts of the
9:26:59AM Women's History Month celebration committee and honor the
9:27:02AM contributions and accomplishments of all women in
9:27:05AM celebration of Women's History Month.
9:27:08AM >> Thank you so much.
9:27:09AM >>MARY MULHERN: Thank you.
9:27:10AM [ Applause ]
9:27:17AM >> Thank you again.
9:27:18AM Thank you so much for your time.
9:27:24AM >>CHARLIE MIRANDA: Item number 3.
9:27:46AM >>YVONNE CAPIN: In keeping with the theme of Women's History
9:27:48AM Month and by the way, I want to say thank you to the
9:27:53AM committee on, for including myself as an honorary chair.
9:27:58AM And because it is Women's History Month, we are presenting
9:28:03AM this commendation to focus on families, education
9:28:10AM Tampa City Council recognizes the effort put forth by the
9:28:13AM focus on female education foundation, Inc.
9:28:16AM For the past six years in making professional health care
9:28:19AM advice available to all women in the City of Tampa.
9:28:22AM Fostering an exchange of vital information upon which to
9:28:26AM base critical decisions.
9:28:28AM The foundation's free seminars have aided thousands through
9:28:33AM counsel and strategy offered during these, this day-long
9:28:38AM City Council supports the efforts of this group as it
9:28:41AM prepares for its seventh seminar to be held at the Tampa
9:28:46AM convention center on Saturday, March 31st, 2012.
9:28:50AM And wishes, the focus on females education foundation, Inc.,
9:28:56AM continued success in assisting and an informed community in
9:29:00AM vital health care issues.
9:29:19AM >>YVONNE CAPIN: Along with the commendation, Dr. Maskin will
9:29:23AM be making a presentation to City Council on the focus on
9:29:27AM female education foundation, which takes place March 31st.
9:29:33AM I will say a few words on that.
9:29:34AM The annual focus on females health carry symposium, again
9:29:39AM hosted by board certified Dr. Steven Maskin and held to
9:29:43AM focus and encourage education of women of all ages about
9:29:47AM personal health.
9:29:48AM In the past 18 years, Dr. Maskin has been treating dry eye
9:29:52AM cornea and related diseases at the dry eye and cornea
9:29:57AM surface center in Tampa.
9:29:58AM He is the fellow of both the American academy of
9:30:01AM ophthalmology and the American college of surgeons.
9:30:08AM The second will be the second.
9:30:10AM Hosted by Dr. Maskin and the focus on female education
9:30:13AM foundation and he will bring a presentation.
9:30:16AM And here's your commendation.
9:30:17AM Thank you very much.
9:30:20AM >> Thank you, Councilwoman Capin.
9:30:23AM And Tampa City Council Chair Miranda, Councilmember Suarez,
9:30:29AM Mulhern, Cohen, Reddick and Montelione.
9:30:32AM It is an honor to receive your commendation today in
9:30:34AM recognition of the work of the focus on females education
9:30:38AM Joining me is Ms. Lauren key, representing Florida hospital
9:30:42AM Tampa, presenting sponsor for the seventh annual focus on
9:30:45AM females women's health care symposium.
9:30:48AM As mentioned, Saturday, March 31st, at the Tampa convention
9:30:52AM More information on the event is available at www.focus on
9:30:58AM Over the last seven years, it has been an honor and
9:31:02AM privilege to help suffering women and their families
9:31:04AM navigate through our increasingly confusing health care
9:31:08AM To access the right doctors at the right time at the right
9:31:11AM place, for that medical break-through that can transform
9:31:15AM families for generations.
9:31:17AM Now with my limited time, I would like to give you a more
9:31:21AM vivid display of our impact on families and loved ones,
9:31:24AM neighbors and friends.
9:31:24AM We have a short video and a couple slides PowerPoint.
9:31:29AM Audio on that, please.
9:31:50AM >> I can do the PowerPoint slides first and come back on the
9:31:54AM video later.
9:32:01AM >> When the doctors are talking, they make it so down to
9:32:07AM And they use words we understand, pictures we can see and
9:32:12AM And it's just gives you a real joyful spirit when you leave.
9:32:18AM >> I'm returning this year because I feel very strongly that
9:32:20AM the public needs to be educated about how to prevent skin
9:32:24AM And in fact, actually saved a life of a woman last year who
9:32:29AM went to her dermatologist, and it turned out to be melanoma.
9:32:35AM >> Because the focus on females, I had a suspicious biopsy.
9:32:47AM >> This seminar has been the best that I have ever attended.
9:32:55AM To take care of myself so I can tear of -- take care of
9:32:59AM >> They want to learn what can be done, what's unrealistic,
9:33:03AM what's affordable.
9:33:04AM There has been a tremendous response.
9:33:07AM >> These are micrographs of pharmaceuticals used in the eye
9:33:11AM surgery in the medical field.
9:33:16AM >> 1500 registered women.
9:33:20AM Today to learn about their health.
9:33:21AM >> I've learned a lot more about resources in the Tampa
9:33:25AM For women.
9:33:30AM >> I've been coming to this event from the beginning.
9:33:32AM The first year I came as an attendee.
9:33:34AM It was awesome.
9:33:35AM I stayed from the very beginning to the end.
9:33:38AM Went to every seminar I could.
9:33:40AM Incredible information, on how to stay healthy, be healthy.
9:33:45AM >> I ask you to do me a favor for your girlfriend.
9:33:49AM March is your month to get all of your appointments on the
9:33:54AM >> Sometimes you get so busy you forget all those important
9:33:58AM Truly important things.
9:33:59AM Listen to your body.
9:34:00AM To get your annual exams.
9:34:02AM To eat the foods that really help your immune system and
9:34:05AM help you stay healthy.
9:34:07AM We're responsible, eat healthy and exercise.
9:34:13AM >> I came because they're offering a lot of new things.
9:34:17AM Get your blood pressure checked.
9:34:19AM Offering yoga.
9:34:20AM Offering different things, special rejuvenation.
9:34:23AM Glucose, ought to be a one-top shop to check my health out.
9:34:29AM >> I can't say enough, how important health is to you.
9:34:32AM >> We have a weekly show every Sunday on WGUL-AM radio.
9:34:41AM We tackle a different topic each week.
9:34:44AM >> Hope my message is clear.
9:34:46AM I know you know this deep down, you are the most important
9:34:50AM thing on that list.
9:35:23AM >> Do you have control of it here?
9:35:25AM >>CHARLIE MIRANDA: What is it we're missing?
9:35:28AM >> Few PowerPoint slides.
9:35:30AM Let me just say a couple points.
9:35:41AM Then like to ask Ms. Key to make a couple points as well.
9:35:44AM We have had up to 1800 women at our event.
9:35:48AM The average woman stay force about three seminars.
9:35:52AM Each is about an hour long.
9:35:54AM We're talking here about over 5,000 hours education in one
9:35:58AM Of course, the multiplier factor is enormous as they spread
9:36:03AM their information amongst family an friends.
9:36:05AM This is our seventh annual event.
9:36:08AM We also have had a radio show.
9:36:10AM Got over two years of a radio show, every Sunday, podcast of
9:36:16AM those shows are still on our web site and the public can go
9:36:20AM to their computers, pull up the podcast with topics they're
9:36:23AM interested in and learn more information about the
9:36:25AM particular disease that they're attacking, or trying to find
9:36:28AM solutions for.
9:36:29AM So, at this point, again, I'd like to ask Ms. Key to say a
9:36:35AM few words and maybe even mention some of the topics that
9:36:39AM we'll be tackling this year.
9:36:41AM We have 27 physicians this year.
9:36:43AM In one day.
9:36:44AM Volunteering their time.
9:36:45AM Very proud about that.
9:36:46AM The largest, it makes us the largest women's health
9:36:50AM symposium in the entire country.
9:36:52AM Thank you.
9:36:53AM Ms. Key?
9:36:54AM >>CHARLIE MIRANDA: Thank you, doctor.
9:36:56AM >> Thank you, Dr. Maskin.
9:36:58AM Good morning, my name is Lauren key, I'm the vice-president
9:37:00AM of marketing for Florida hospital, Tampa Bay division.
9:37:03AM And I can't tell you how delighted we are to support
9:37:06AM Dr. Maskin's effort and help fund this this year.
9:37:10AM We at Florida Hospital Tampa are actually a designated
9:37:13AM spirit of women hospital.
9:37:15AM And what that means is that we now join a select group of
9:37:19AM hospitals across the country that ascribe to the highest
9:37:22AM standards of women's health to conduct community outreach
9:37:26AM for them, and to help ensure the community outreach health
9:37:30AM screenings and education are getting to the women in our
9:37:33AM We all know that women are the primary health care
9:37:36AM decision-makers in their families.
9:37:37AM They make it for their spouses, their children and even
9:37:41AM their parents today.
9:37:42AM So we could not be more proud to support this effort.
9:37:45AM At our Pepin -- excuse me, our Florida hospital Pepin heart
9:37:49AM institute is a designated heart caring hospital.
9:37:53AM What we know is that women today, heart disease is the
9:37:55AM number one killer of women, more than any form of cancer
9:37:58AM that's out there.
9:37:59AM And we are delighted to bring a new program that is going to
9:38:02AM assist with more accurate and better diagnose of heart
9:38:08AM disease, intervention and medical treatment for women.
9:38:11AM Currently they're being underdiagnosed.
9:38:14AM So we are delighted to support this program.
9:38:16AM We think the more we can do in terms of outreach, it will
9:38:20AM assist in early intervention.
9:38:24AM It creates better quality of life and better health care for
9:38:28AM our communities.
9:38:29AM Our goal is be here not only when patients are sick, but
9:38:33AM become active in helping them be well.
9:38:35AM We thank you so much for your time today.
9:38:37AM We really hope everybody will have the opportunity to come
9:38:39AM out and join us on March 31st.
9:38:42AM Dr. Maskin?
9:38:48AM >> Some of our tonics, and this will be the last thing I'd
9:38:51AM like to share, if possible.
9:38:52AM Colon cancer, skin cancer, reversing dry high, fertility and
9:38:57AM family, migraine headaches, diabetes in women, breast cancer
9:39:02AM or detection and treatment.
9:39:05AM Menopause, minimally invasive surgery.
9:39:08AM Diabetes in relationship to heart disease.
9:39:12AM Breast cancer reconstruction.
9:39:14AM Back pain relief, pain collusion.
9:39:17AM Parkinson's and stroke are different in women.
9:39:19AM Sleep apnea and other sleep disorders and breast cancer
9:39:25AM 20 topics, and again 27 physicians.
9:39:28AM Once again, I'd like to thank you so much for this
9:39:34AM overwhelming commendation and the time you set aside.
9:39:37AM Thank you again.
9:39:39AM Congratulations, Councilwoman Capin.
9:39:41AM >>YVONNE CAPIN: Thank you for being here.
9:39:42AM I know that you have some pamphlet pass out.
9:39:46AM I know that when we spoke, one of the most, one of the
9:39:49AM important things, this is free and open to all women.
9:39:53AM It would be helpful to the planning if they preregistered.
9:39:57AM And if you could give that information, where they could
9:40:01AM register, it would be very help will.
9:40:03AM >> Thank you very much.
9:40:04AM It is free.
9:40:06AM We hope seeing 5,000 women there very soon, next year or
9:40:11AM There's no limit on the education we want to provide to the
9:40:13AM women and families in our community.
9:40:15AM The web site to go to to register is www.focus on
9:40:22AM We ask that you preregister so we know the more popular
9:40:27AM seminars so we can plan our space accordingly at the
9:40:30AM convention center.
9:40:32AM >>YVONNE CAPIN: And it is March 31st, and I plan on being
9:40:36AM So, I will preregister.
9:40:38AM >> Thank you so much.
9:40:40AM >>YVONNE CAPIN: And thank you for being here.
9:40:41AM Thank you for helping us.
9:40:42AM >>CHARLIE MIRANDA: Thank you, doctor.
9:40:43AM We really appreciate the effort that you and your team of 27
9:40:47AM doctors are putting forward and tens of thousands of hour of
9:40:50AM free medical advice.
9:40:51AM We really appreciate it very much.
9:40:53AM >>YVONNE CAPIN: One more.
9:40:54AM I want to apologize for the PowerPoint not being up.
9:40:57AM We were assured yesterday that it was here.
9:41:00AM I know my aide is very efficient.
9:41:03AM She's been here nine years, and I am sure that it was here.
9:41:08AM We were assured it was here yesterday.
9:41:10AM So I apologize.
9:41:11AM >> Quite all right.
9:41:12AM Thank you again.
9:41:13AM >>CHARLIE MIRANDA: Thank you.
9:41:19AM >>CHARLIE MIRANDA: Okay.
9:41:19AM That's the last of the ceremony activities.
9:41:21AM We're going to go to the addendum of the agenda.
9:41:25AM What does that mean?
9:41:26AM That means that we're going to approve putting it on for
9:41:29AM discussion, but not approving the items there in itself.
9:41:58AM >>THE CLERK: We have a request of Jane Castor to consider
9:42:02AM two walk-on resolutions for opportunity Tampa wireless
9:42:06AM closed circuit system and GSA federal contracts.
9:42:10AM We also have a substitution for at least two substitutions.
9:42:15AM Item 9, relates to a resolution approving an award between
9:42:20AM the City of Tampa and Safeware, Inc., for the purchase of
9:42:24AM public safety and emergency preparedness equipment.
9:42:30AM We have memorandum from Gregory Spearman, purchasing
9:42:34AM director, requesting that the resolution be substituted.
9:42:37AM This item should return, on items listed above, under staff
9:42:45AM reports and unfinished business.
9:42:48AM We also have another substitution, item 47.
9:42:52AM That's an ordinance pertaining to franchises for commercial,
9:42:58AM solid waste collection services.
9:43:00AM We have a memorandum from Cathy Ginster, assistant city
9:43:05AM attorney, requesting that the ordinance be substituted with
9:43:08AM an updated substituted version.
9:43:12AM >>CHARLIE MIRANDA: Okay.
9:43:12AM The vote this morning is not for the items themselves, but
9:43:15AM for discussion later on in the agenda.
9:43:17AM The public will be allowed to speak as always.
9:43:21AM >> Move the agenda.
9:43:23AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, seconded by
9:43:26AM Mr. Cope.
9:43:27AM Further discussion?
9:43:28AM Ms. Mulhern?
9:43:30AM >>MARY MULHERN: I just wanted to say that with the
9:43:33AM substitutions, I don't have a problem with adding those.
9:43:36AM But with the new business item, I think -- I don't like this
9:43:43AM precedent of putting things that are really nonemergencies,
9:43:46AM on the morning of the meeting on to our agenda, as our City
9:43:52AM Council meeting.
9:43:53AM And we have a process and I don't feel like by putting this
9:43:59AM on at new business, there's absolutely no time for us to
9:44:02AM look at any of the background behind this.
9:44:06AM And so I'm not going to support the off the agenda item new
9:44:10AM business of -- and I'm not even clear, the first, at least
9:44:16AM the first resolution.
9:44:17AM The second one, I don't know if that's related to -- is the
9:44:22AM second resolution with the memorandum of agreement between
9:44:27AM the City of Tampa and the Florida sheriff's, is that related
9:44:31AM to the cameras?
9:44:33AM Chief Castor?
9:44:35AM You know -- I can't support just adding that one.
9:44:40AM We don't have any idea if there's any reason why that's an
9:44:43AM I think in order for us to be able to do our job and for the
9:44:46AM public to note what we're voting on, especially in terms of
9:44:49AM appropriations, I can't support that.
9:44:53AM So I think we need -- if we can vote on this new business
9:44:56AM and the substitution.
9:44:57AM >>CHARLIE MIRANDA: I will break it up see how the votes
9:45:00AM First we're going to do substituted items, 9 and 47.
9:45:05AM I need a motion for those to be heard.
9:45:08AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez, second by
9:45:09AM Mr. Cohen, all in favor of that motion please indicate by
9:45:12AM saying aye.
9:45:13AM Second is resolution between the City of Tampa and Florida
9:45:15AM sheriff's association for cooperation purchasing agreement,
9:45:19AM which would help the taxpayers in every which way we can
9:45:23AM think of.
9:45:24AM >> I move that.
9:45:24AM >>CHARLIE MIRANDA: Motion bring Mr. Suarez, second reply
9:45:26AM Mr. Reddick.
9:45:27AM Further discussion by Councilmembers?
9:45:29AM All in favor please indicate by saying aye.
9:45:31AM Fourth one is the resolution between the city and aware
9:45:38AM I need a motion for that.
9:45:39AM >> So moved.
9:45:40AM >> Motion by Mr. Suarez, second by Mr. Cohen.
9:45:44AM All in favor of the motion, please indicate by saying aye.
9:45:46AM Opposed nay.
9:45:49AM >> Nay.
9:45:49AM >>CHARLIE MIRANDA: Motion passes 4-1.
9:45:51AM Thank you very much.
9:45:51AM They're all on the agenda now.
9:45:53AM Now we're going to go to request for consideration of
9:45:58AM legislative matters for the previous meeting.
9:45:59AM Anyone in the audience care to speak on those items that
9:46:02AM were passed previous Council last week?
9:46:05AM I see no one.
9:46:05AM That's been taken care of.
9:46:07AM All right.
9:46:07AM We're going to go now to the public, which has 30 minutes to
9:46:13AM And from the looks of the line, we're going to have 30
9:46:16AM minutes to speak and I'm happy to see that.
9:46:18AM From the left please.
9:46:24AM >> My name is Kim Headland, 1001 east 24th avenue.
9:46:29AM The president of the VM Ybor neighborhood association.
9:46:32AM Here to speak on item 64, which is Trinity Cafe.
9:46:35AM Two weeks ago, as you know, new residents came here to
9:46:38AM express concerns about a zoning department decision and the
9:46:41AM impact you'll have on the community.
9:46:43AM Many folks are back today because this issue is incredibly
9:46:46AM important to us.
9:46:47AM It's an issue that our community has been discussing with
9:46:49AM the city since June of 2011.
9:46:51AM We understand trinity's mission and we know they serve a
9:46:55AM very, very real need for our community.
9:46:57AM We have supported similar programs from a church's local
9:47:01AM food pantry to a rehabilitation facility for homeless
9:47:05AM We have supported these organizations in our neighborhood
9:47:07AM because they occur out of scale and an intensity that is
9:47:11AM appropriate to truly serving a community.
9:47:13AM They're good neighbors.
9:47:15AM They do not negatively impact the neighborhood.
9:47:16AM Unfortunately, while Trinity Cafe is a great program that
9:47:20AM significantly complements the many services provided by the
9:47:23AM Salvation Army, the impact on our neighborhood will be
9:47:27AM significant and it will be very different than any
9:47:31AM We're not guessing about this impact or the intensity of
9:47:35AM this particular use.
9:47:36AM We have seen the impact for several years at trinity's
9:47:38AM current location and we remember quite clearly the impact
9:47:42AM Trinity had on the area surrounding St. Peter Claver Church
9:47:47AM many years ago.
9:47:48AM Soup kitchens and give away centers, in the current zoning
9:47:53AM However, the city code clearly addresses uses that are not
9:47:57AM I'm not land use attorney but it appears there's a process
9:48:01AM clearly outlined for determining similarity of use in
9:48:04AM Chapter 27.
9:48:05AM The city code references American planning associations
9:48:08AM Per this classification system, a restaurant and a soup
9:48:11AM kitchen are simply not similar.
9:48:13AM In fact the current zoning matrix does not address social
9:48:16AM services at all, which I personally believe is part of the
9:48:20AM bigger overarching program problem.
9:48:22AM City code offers omissions of use.
9:48:26AM But to date this has not happened.
9:48:28AM There are many, many uses allowed in a CG zone.
9:48:31AM Or relatively intense.
9:48:33AM However, none of these uses to my knowledge involved in the
9:48:36AM CG zone involves the queuing of 700 people, seven days a
9:48:42AM week, on a parcel 200 feet by 130 feet.
9:48:45AM And immediately adjacent to single-family residences.
9:48:49AM Use that is do involve queuing of this nature, such as
9:48:52AM temporary health agencies and bars, are either prohibited or
9:48:57AM require public hearings.
9:48:58AM To be located.
9:48:59AM In a CG zone.
9:49:02AM We respectfully ask that you take this opportunity to
9:49:04AM address and update the current zoning code and associated
9:49:08AM definitions as it relates to today's economic and urban
9:49:11AM planning reality this.
9:49:12AM Decision and the possible precedent it sets will have
9:49:15AM significant long-term implications for all commercial
9:49:18AM corridors zoned city wide moving forward.
9:49:22AM Thank you.
9:49:23AM >>CHARLIE MIRANDA: Before I go to stop the clock here on the
9:49:26AM 30 minutes, I see that I have more ten times three is 30
9:49:30AM I see I got about 20.
9:49:32AM So, and I welcome that very much.
9:49:34AM I like the Council to, asking to allow me to change the
9:49:39AM three minutes to one and a half minutes so that everyone can
9:49:42AM They're shaking their heads.
9:49:44AM Everybody's going to say the same thing basically.
9:49:47AM You're not?
9:49:47AM All right.
9:49:48AM Then I'll go 30 minutes and hold it at 30 minutes.
9:49:52AM >> I have a picture, I'm Kelly Bailey.
9:49:55AM 2701 North Ninth Street.
9:49:57AM I will talk quickly to try to allow the people living in the
9:50:01AM neighborhood time.
9:50:02AM Based on what I've been able to doubt and pictures Terry is
9:50:06AM showing, first four taken on a Sunday afternoon when Trinity
9:50:08AM Cafe was, when Trinity had not been opened since Friday.
9:50:13AM Then again Monday morning, this past Monday morning at
9:50:15AM 8:40 a.m., you can see that no matter, if Trinity Cafe is
9:50:19AM open or not, many people light near the area.
9:50:22AM I have also taken a picture of the homeless person jumping
9:50:26AM the fence in the adjoining day care center across the
9:50:30AM It's on my daughter's ipad and I will be forwarding that
9:50:34AM picture to you.
9:50:35AM Our concerns are the police won't be able to do anything
9:50:37AM about the people gathering, loitering or sleeping on the
9:50:40AM public sidewalk if this moves to VM Ybor.
9:50:42AM They are not able to prevent the loitering at the current
9:50:46AM location, so we cannot expect even with increased patrols by
9:50:49AM TPD, that this problem won't simply transfer to our
9:50:52AM Even the most popular restaurants in Tampa don't have
9:50:54AM hundreds of people queuing up for hours in advance, sitting
9:50:58AM and waiting on the sidewalk to eat at that restaurant and
9:51:00AM are certainly not bringing their lunch and sleeping with
9:51:04AM them while waiting in line.
9:51:06AM You may see people waiting in line for temporary health
9:51:11AM Temporary health agencies are not allowed in commercial
9:51:14AM general such as the Nebraska Avenue corridor.
9:51:18AM The type of queuing that can be expected at a temporary
9:51:20AM health agency has more in common with how Trinity Cafe
9:51:24AM operates than the line of waiting customers that can be
9:51:27AM expected at any other restaurant I also don't know of any
9:51:30AM other restaurants where people loiter before and after being
9:51:33AM If this was the case, I'm confident that the zoning
9:51:36AM department would either come up with new classifications or
9:51:38AM get some of their entity would manage this.
9:51:41AM There is no reason to think that Trinity Cafe will operate
9:51:43AM in a different manner at their current location in VM Ybor,
9:51:48AM or at the current location than current location or when
9:51:51AM they operated at St. Peter Claver Church.
9:51:56AM All this will do a create a satellite place for homeless
9:52:01AM people to gather.
9:52:02AM Since this isn't odd just like a social serve, this will
9:52:05AM help increase the total number of social services in the
9:52:08AM central Tampa corridor, which already has more than its
9:52:12AM Our concerns are not what is happening inside Trinity Cafe,
9:52:15AM which I'm sure is very much like a restaurant atmosphere.
9:52:19AM Our very real concerns are what happens outside the building
9:52:22AM 24 hours a day, seven days a week, as these pictures shot.
9:52:25AM I am asking to you classify Trinity Cafe as a social
9:52:28AM service, which would never be allowed in a CG zoned area.
9:52:32AM Thank you.
9:52:33AM >>CHARLIE MIRANDA: Thank you very much.
9:52:35AM >> Good morning.
9:52:36AM I'm Terry Grimsdale, 2701 Ninth Street.
9:52:40AM Approximately one block away from this Trinity Cafe site.
9:52:43AM I'm opposed to Trinity Cafe classified as social service.
9:52:52AM Old adage, looks like a duck, quacks like a duck, probably a
9:52:56AM duck, not a restaurant.
9:52:57AM We spent an amount of time trying to bring the level of our
9:53:03AM neighborhood up.
9:53:04AM We have worked hard.
9:53:06AM We work diligently with some department heads you'll be
9:53:09AM meeting with later today.
9:53:10AM I think if you speak for them, you'll find that we are very
9:53:13AM active in our community.
9:53:14AM Very proactive in our community.
9:53:17AM I have two children here, if you remember last time we
9:53:20AM attended this meeting.
9:53:21AM I'd like them to be able to grow up in the same amount, same
9:53:27AM environment that you and I grew up in.
9:53:29AM The pictures that you see or that we showed a few moments
9:53:32AM ago, that's not the environment that we grew up in.
9:53:35AM I'd like to have same for my children as you all did.
9:53:38AM Thank you.
9:53:39AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:53:40AM Let me say another thing, if may stop the time on the 30
9:53:45AM We have a disparity in the operation within this -- we have
9:53:50AM speaker sign-in sheet but nowhere on the speaker sign-in
9:53:54AM sheet, I'm going to ask the legal opinion on the sign-in
9:53:58AM Does it say you go first, second, or third.
9:54:01AM I have a line people have been waiting on ten minutes.
9:54:04AM So who goes first?
9:54:06AM >> It's been Council's custom relative to the sign-in sheet.
9:54:10AM That's just for the purpose of the clerk having the names of
9:54:12AM the people that become part of the minutes.
9:54:14AM And it's, in the covers business, the chair selects who the
9:54:19AM Usually by a line.
9:54:20AM >>CHARLIE MIRANDA: We're going to go by the line.
9:54:23AM Next please?
9:54:26AM >> Good morning, City Council.
9:54:27AM My name is Barbara Scott.
9:54:29AM And I reside at 912-17th avenue in old Ybor City.
9:54:34AM I've lived in that house, which is the old Tamago house.
9:54:39AM My house was built in 1929.
9:54:43AM I'm the neighbor of Kelly, I live approximately one block
9:54:45AM from the proposal for Trinity Cafe.
9:54:47AM And I oppose that cafe.
9:54:49AM I think it's best that they remain centralized in downtown
9:54:52AM Tampa, where they can have all of the services.
9:54:55AM There's a place, shelter for them to stay in.
9:54:58AM There is a soup kitchen for them down there.
9:55:00AM There's also the clothes closet.
9:55:04AM There's a pantry in our neighborhood, where we struggle to
9:55:07AM promote commercial growth right on that Nebraska Avenue
9:55:10AM area, this flies in the face of all of our efforts of the
9:55:13AM members of the VM Ybor association.
9:55:17AM Thank you for your time.
9:55:19AM >> Thank you.
9:55:19AM Next please?
9:55:23AM >> My name is Bonnie Garcia.
9:55:27AM 1017 East 17th Avenue.
9:55:28AM We all recognize the budget constraints the City of Tampa
9:55:31AM faces, as you receive your reports you've asked for later
9:55:37AM today, from zoning, code enforcement and Tampa Police
9:55:41AM Department, just ask yourselves what additional services you
9:55:46AM can realistic offer our community to alleviate the burden
9:55:52AM Trinity Cafe will cause.
9:55:53AM We are told there are no more funds to secure abandoned
9:55:57AM So you are going to introduce a large number of homeless
9:56:01AM We have already experienced results of unsecured buildings
9:56:04AM that have resulted in over 30 arsons over one-third of which
9:56:07AM were attributed to the homeless.
9:56:09AM This resulted not only in the loss of 30 historic properties
9:56:13AM in the national historic landmark district, but also a
9:56:16AM financial burden placed on the city for additional fire,
9:56:19AM police and code enforcement resources.
9:56:21AM By allowing Trinity Cafe in this location, you're detouring
9:56:28AM investment and depleting the tax base this.
9:56:30AM Afternoon when you hear from various city departments,
9:56:33AM please consider the following concerns.
9:56:34AM Trinity Cafe is locating from a low density light commercial
9:56:39AM district into an I had residential neighborhood, code
9:56:42AM enforcement will receive a much higher volume of complaints
9:56:46AM open and vacant structures will need to be secured and
9:56:49AM resecured daily.
9:56:50AM High volume of trash, debris and dumping on private
9:56:53AM properties currently blights the present location with
9:56:58AM little response from code enforcement and sold waste.
9:57:03AM Today, we have personally patrolled our neighborhood through
9:57:05AM regular mobile patrols.
9:57:07AM Secured vacant properties as need and have moved nine and a
9:57:11AM half tons of garbage at our own personal expense and time.
9:57:15AM Don't expect this to continue.
9:57:16AM We have the right to expect the same quality of life as
9:57:20AM other Tampa neighborhoods.
9:57:21AM The Tampa Police Department is already overburdened.
9:57:24AM VM Ybor is already a red grid.
9:57:28AM Despite recent improvements, we still experience a high
9:57:30AM volume of crime.
9:57:31AM The introduction of 300 plus homeless that currently do not
9:57:35AM reside in our neighborhood will increase calls for service
9:57:38AM to police and fire rescue departments.
9:57:40AM Many of these individuals suffer from unrelated mental
9:57:43AM illnesses, drug and alcohol, untreated mental illnesses,
9:57:48AM drug and alcohol dependence.
9:57:50AM It is documented time increased at the current location by
9:57:53AM 50% according to TPD records.
9:57:55AM We can expect similar increase.
9:58:00AM We cannot absorb this increase without a serious decline in
9:58:03AM the quality of life for more than 5,000 central Tampa
9:58:08AM Without a doubt, additional resources will have to be made.
9:58:12AM I'm asking City Council to please classify Trinity Cafe as a
9:58:17AM social service, not a restaurant.
9:58:18AM >>CHARLIE MIRANDA: Next please?
9:58:24AM >> Hi, I'm Vivian Brown.
9:58:26AM I'm here to speak on the negative effects of Trinity Cafe.
9:58:30AM There's about a dozen people in the audience here that
9:58:34AM aren't anyone speaking that are here to support this as
9:58:37AM Trinity Cafe has to move in to our neighborhood with
9:58:42AM increasing the number of meals currently being served.
9:58:45AM No limitation on the number of homeless being served from
9:58:48AM the single location.
9:58:49AM They're also including expansion from five days a week to
9:58:52AM seven days a week, serving from one meal going to two meals.
9:58:55AM By calling them a restaurant allows them to intensify the
9:59:00AM We're going to pay the price, just like our neighbors in
9:59:03AM Tampa Heights have.
9:59:03AM We're going to pay the price for many years to come.
9:59:06AM When we first discussed this with Trinity Cafe, the proposed
9:59:09AM number of people to be served was around 200.
9:59:13AM Now it's 380.
9:59:14AM When they shut their doors at the end of the day, they're
9:59:17AM making no assurances for us that they won't be negatively
9:59:21AM We recognize the problem, at current location.
9:59:24AM Same problems occurred at St. Peter Clayburgh, who asked
9:59:28AM them to leave.
9:59:29AM Now we are being asked to bear the burden for their
9:59:34AM They've told us they are prepared to hand out boxed meals in
9:59:39AM addition to an unspecified number.
9:59:42AM Despite Trinity Cafe wants to be a good neighbor, the
10:00:21AM reality is clearly illustrated every surrounding property at
10:00:25AM their current location have filed a no tressing affidavit
10:00:28AM with the police department.
10:00:29AM There's no reason to believe they are going to operate any
10:00:32AM differently in the future.
10:00:32AM I'm asking City Council to please classify Trinity Cafe as a
10:00:36AM social service, inappropriate in a CG zone.
10:00:40AM >>CHARLIE MIRANDA: Next please?
10:00:44AM >> Good morning, my name is Maggie Enncking.
10:00:47AM I live at 907 East 24th Avenue.
10:00:49AM I would like to address the wandering elephant in the room
10:00:53AM that nobody wants to acknowledge.
10:00:54AM The Republican national convention is coming to our fair
10:00:58AM Clearly everyone involved would like to put our best foot
10:01:01AM forward as the national spotlight shines on us.
10:01:06AM The homeless lining a major thoroughfare into downtown is a
10:01:10AM disturbing one.
10:01:11AM It is both a sad commentary on our current economic
10:01:16AM struggles and glaring reminder of the inability of our
10:01:19AM political establishment to address in any meaningful way a
10:01:23AM long-term solution to this complex problem.
10:01:25AM It would appear that the most seasonal pollution in the
10:01:29AM short run is relocation.
10:01:31AM Out of sight, out of mind.
10:01:33AM Historically, we have seen this trend in conjunction with
10:01:36AM other major events around this country.
10:01:39AM Miami, busing out the homeless before the Super Bowl.
10:01:42AM Atlanta and now Brazil cleaning up before the arrival of the
10:01:46AM While offering a sanitized view of Tampa for the five days
10:01:51AM of the convention this year, this relocation of Trinity Cafe
10:01:55AM to the VM Ybor community will have a profound and enduring
10:01:59AM effect on this struggling neighborhood.
10:02:02AM Realistically it could be the tipping point that our
10:02:06AM community cannot recover from.
10:02:07AM It will come as no surprise to most of you, of the close
10:02:11AM ties between the board of Trinity Cafe and the Republican
10:02:15AM national convention.
10:02:16AM In fact, the chairman of the host committee of the RNC, Ken
10:02:20AM Jones, is an active member of the Trinity board.
10:02:23AM While I am supportive of the work that Trinity does, both
10:02:28AM the timing and motivation behind this relocation is
10:02:31AM politically suspect.
10:02:33AM Hiding our homeless from a political body that can and
10:02:37AM should address the realities of this ever growing problem,
10:02:41AM is, does a disservice to all concerned parties.
10:02:44AM Thank you for your time.
10:02:46AM >>CHARLIE MIRANDA: Thank you very much.
10:02:46AM Next please?
10:02:53AM >> Good morning, Council.
10:02:53AM My name is Constantino, president of the east Ybor historic
10:02:58AM and civic association.
10:02:59AM I am here to support VM Ybor, who is a neighbor of ours to
10:03:04AM the north.
10:03:05AM We sort of have an informal coalition between the four
10:03:08AM associations to protect our historic landmark district,
10:03:11AM which includes VM Ybor, historic Ybor, east Ybor and
10:03:15AM Palmetto beach.
10:03:16AM So we're pretty much in consensus of what we agree on to
10:03:19AM protect that historic district.
10:03:21AM I'm here today sort of as a good girl, bad girl.
10:03:24AM You probably know the bad girl worse.
10:03:26AM [ Laughter ]
10:03:27AM >> But I am here actually to, I mean, it's so plain and
10:03:32AM simple to me.
10:03:33AM Every board that I sit on and as I come before you, Fran's
10:03:37AM words are always first of all, setting the precedent.
10:03:41AM Once you set the precedent, then the line is broken.
10:03:45AM We have been through this in east Ybor.
10:03:48AM I have probably picked up more white Styrofoam containers
10:03:52AM that can fill two landfills from the food that these people
10:03:55AM feed and then they just trash everything around.
10:03:57AM But it should be clear and simple.
10:04:01AM When it comes down and I'm no lawyer, took a couple parallel
10:04:05AM courses, but I don't know the law.
10:04:07AM But it is not a restaurant.
10:04:08AM It does not meet definition of a restaurant.
10:04:10AM It does not meet the threshold for a restaurant.
10:04:13AM And so therefore, I think your decision should be plain and
10:04:17AM What upsets us also in Ybor City is how people can
10:04:22AM circumvent the zoning and we now have the church of
10:04:26AM scientology owning our most famous cigar factory in Ybor
10:04:31AM Zoning code allowed for no churches in that zoning category.
10:04:35AM So they applied for a zoning permit as an office building.
10:04:40AM Well, we know what they are.
10:04:42AM We know what they own now.
10:04:43AM And I think it's just really, really sad that the VM Ybor is
10:04:48AM now owned by the scientologist.
10:04:51AM That's neither here or there.
10:04:53AM I think your decision would be very simple.
10:04:55AM It does not meet the threshold for restaurant and should be
10:04:58AM turned down as much.
10:04:59AM I thank you.
10:05:01AM >> Thank you very much.
10:05:01AM Next please?
10:05:06AM >> Good morning.
10:05:07AM My name is Theresa McIntyre.
10:05:09AM I live at 3002 North 13th Street in VM Ybor.
10:05:13AM And I'm here today to voice my opposition to the relocation
10:05:16AM of Trinity Cafe to our neighborhood.
10:05:19AM Trinity Cafe is not a restaurant.
10:05:21AM Our neighborhood already has certain challenges that our
10:05:26AM neighborhood association has worked tirelessly to resolve.
10:05:30AM While we are sympathetic with the plight of the homeless, it
10:05:35AM would be extremely detrimental to our neighborhood if
10:05:38AM Trinity Cafe were to be located in VM Ybor.
10:05:42AM We feel that it would negate so much of the good that has
10:05:47AM already been accomplished.
10:05:48AM Thank you.
10:05:50AM >>CHARLIE MIRANDA: Thank you very much.
10:05:55AM >> Pete Johnson, 510 Harrison Street.
10:05:58AM I was in Ocala this week.
10:06:00AM For my stepfather's funeral.
10:06:02AM I was reading the paper and they have this exact same
10:06:05AM problem that we're having here.
10:06:06AM And what their City Council decided on was that they would
10:06:12AM put -- they would pressure the city into buying one of the
10:06:18AM deserted hotels or motels that are closer to an industrial
10:06:22AM or to the expressway, where they can put all of their social
10:06:28AM services into one location.
10:06:32AM And I thought that was a great idea.
10:06:34AM Then you don't have to walk.
10:06:36AM You sleep, you eat and you get social services in one
10:06:39AM As far as the decision -- this really, really bothered me.
10:06:49AM Santiago e-mailed me and said that it was -- this decision
10:06:53AM was made on a historical reasoning.
10:06:57AM Because we had done it in the past.
10:06:59AM With faith cafe on Kennedy Boulevard.
10:07:02AM What is a historical reason?
10:07:06AM It doesn't make any sense.
10:07:08AM You all remember what Kennedy Boulevard looked like back
10:07:13AM And how nice it looks now.
10:07:15AM But there again, what is a historical decision?
10:07:20AM I can't even find a legal term for that.
10:07:23AM I'm sorry, but this needs to be remanded back to zoning.
10:07:28AM It needs to go through the process.
10:07:31AM It needs to have rules and regulations made for social
10:07:37AM The other thing I'd like to say, I was talking to Chief
10:07:44AM There are things she says that TPD can do to help the
10:07:47AM But TPD is overburdened now.
10:07:51AM VM Ybor, Ybor itself, the drugs, the prostitution, they're
10:08:00AM doing all they possibly can.
10:08:01AM Code enforcement, excuse me.
10:08:05AM We haven't enforced a code violation in the City of Tampa in
10:08:09AM 20 years.
10:08:10AM Clean city, solid waste, they're in the hole as it is now.
10:08:17AM We have got to take all of this into consideration.
10:08:20AM But the major thing is, is that a historical decision --
10:08:24AM what is a historical decision?
10:08:26AM How can you classify something on a historical decision when
10:08:31AM there are no guidelines for it?
10:08:33AM Excuse me, this needs to go back to the zoning department.
10:08:38AM And it needs to go through the process.
10:08:40AM >>CHARLIE MIRANDA: Thank you very much.
10:08:41AM Next please?
10:08:46AM >> My name is Jeff Darrey and I'm the Chairman of the board
10:08:49AM of Trinity Cafe.
10:08:50AM My address is 5003 Shorecrest Circle, Tampa.
10:08:56AM We have not circumvented the laws.
10:09:00AM We have consulted with zoning, with the building, with the
10:09:05AM fire marshal.
10:09:05AM We have architects and engineers that we have professionally
10:09:09AM retained in order to ensure that we were within the proper
10:09:13AM guidelines of the city.
10:09:14AM We looked for two and a half years for buildings until we
10:09:17AM found a building that met our criteria, that had the proper
10:09:21AM zoning, and we were ensured that this was proper guideline.
10:09:25AM We have documentation from each of these departments that we
10:09:30AM are properly located.
10:09:33AM I have a letter here that was sent from father ed lamp, who
10:09:38AM is the former landlord at St. Peter Claver Church.
10:09:43AM He said to whom it may concerned.
10:09:46AM I'm unable to be present at this meeting as I'm in the
10:09:49AM Yucatan region of Mexico and will not return until
10:09:51AM March 13th.
10:09:52AM I am well-versed in Trinity Cafe as they were permitted to
10:09:57AM use my Parrish hall during my time at St. Peter Clayburgh.
10:10:00AM My concerns when I was approached by using the hall were the
10:10:03AM same concerns of the neighborhood association.
10:10:06AM I am happy to say that not one concern ever became reality.
10:10:10AM After the serving of the afternoon meal, not one guest was
10:10:16AM left loitering around the cafe Fay, nor did they venture
10:10:20AM into surrounding neighborhoods.
10:10:21AM All returned to the line waiting for labor or returned to
10:10:24AM the surrounding metropolitan ministries and Salvation Army
10:10:29AM I began to recognize that many guests were not homeless, but
10:10:33AM local residents, hungry and trying to make ends meet.
10:10:36AM And they came to Trinity Cafe because they saw there are no
10:10:40AM services in their own neighborhoods.
10:10:42AM Not one guest ever camped outside the church or in any park
10:10:47AM near or an empty lot or school yard.
10:10:50AM TPE federal credit union do business in the Ybor area at the
10:10:56AM time supported our venture and came to serve.
10:10:59AM Littering will not occur.
10:11:00AM In fact, the area will be kept clean and free of debris by
10:11:03AM the people using Trinity Cafe.
10:11:05AM They take pride in ownership and look on the responsibility
10:11:10AM of emptying trash, sweeping outside and policing those who
10:11:14AM did litter.
10:11:15AM The historic nature of the neighborhood has always been that
10:11:19AM of being responsible for the down and out.
10:11:21AM I can honestly say that St. Peter's claim to fame was their
10:11:26AM ministry to the poor in the area.
10:11:29AM Father Edward lamp, former pastor of St. Peter Claver
10:11:33AM We have, I'm sorry for the disappointment of the residents
10:11:37AM in this area.
10:11:38AM We are committed to being good neighbors.
10:11:40AM And this ministry is needed for the area.
10:11:46AM There is no hidden agenda no secondary -- thank.
10:11:50AM >> You thank you.
10:11:51AM Next, please, the lady with the pretty hair will be the last
10:11:54AM one to speak.
10:11:55AM >> I'm Cindy Davis, 1702 West Bearss Avenue in Tampa.
10:11:59AM I'm the program director for Trinity Cafe, which is a
10:12:03AM restaurant, but serves meals paid for by donors to the
10:12:06AM homeless, hungry and working poor of our community.
10:12:09AM Every single day at the cafe, I have guests thank me for
10:12:13AM caring about them, for wanting to know their challenges and
10:12:16AM successes, for treating them with respect and not acting as
10:12:20AM if they are invisibility.
10:12:22AM It has been my experience when we respect, love and care for
10:12:25AM others, they return the favors.
10:12:27AM These are real people who are struggling.
10:12:29AM More often than not, they share upbringing, experiences and
10:12:32AM aspirations with each of us.
10:12:34AM They want a roof over their heads, to be in a safe place to
10:12:37AM have hunts and to enjoy respect in the community.
10:12:40AM Not every person who speaks -- seeks a meal at Trinity Cafe
10:12:45AM is homeless.
10:12:46AM A large majority of our guests have reason to leave the cafe
10:12:49AM and the neighborhood when they finish their meal.
10:12:51AM Many work a part-time job and some work more than one just
10:12:54AM to try and make ends meet.
10:12:56AM We also have guests who offer to stay and clean the cafe as
10:13:01AM gratitude for the meal they've been served.
10:13:03AM Many want to be productive and give back.
10:13:06AM Hunger and need does not discriminate.
10:13:09AM It is in every neighborhood of our city.
10:13:11AM The circumstances that have brought people to this station
10:13:14AM in life are different, but most thought this could never
10:13:18AM happen to them.
10:13:19AM I'm here to say this can happen to anyone and many people
10:13:22AM are one or two paychecks away from it happening to them.
10:13:25AM I ask that you not put up a roadblock that would prevent
10:13:28AM Trinity Cafe from moving into the building we own and
10:13:32AM providing services to the people in our community that
10:13:35AM depend on help to survive.
10:13:37AM Thank you for allowing me to share my thoughts.
10:13:40AM >>CHARLIE MIRANDA: Thank you very much.
10:13:40AM Next please?
10:13:45AM >> Hi.
10:13:47AM Ladies and gentlemen, fellow Trinity friends.
10:13:49AM And the neighbors from the neighborhood.
10:13:51AM Thank you for allowing me to speak.
10:13:53AM My name is Rheda Bloom.
10:13:55AM I'm 74 years old.
10:13:56AM I've been a volunteer at the Trinity Cafe for over 10 years.
10:13:59AM So I came here today to share with you just a couple of
10:14:03AM points that are really important to me and I'm so glad
10:14:07AM Ms. Capin has come back into the room, because she has this
10:14:10AM wonderful new grand baby.
10:14:11AM And I have to tell you that one of the first times I visited
10:14:14AM the cafe, I stood there and looked at the room.
10:14:18AM And I thought, I thought about my own children and my
10:14:22AM children's children.
10:14:23AM And realized that how I had nurtured and loved them and held
10:14:27AM them and taken them off for their first day of kindergarten
10:14:30AM or first grade, with great hopes for them, everybody in this
10:14:33AM room started out the same way.
10:14:34AM With some mother, grandmother, father, with great hope force
10:14:39AM So whatever the reason, it didn't work out.
10:14:41AM But what I realized is that we're all individual people.
10:14:46AM I should've known from psych 101 that you don't generalize,
10:14:50AM it's not fair.
10:14:52AM It's not usually accurate.
10:14:54AM So please don't say they, them, those people.
10:14:57AM They are not them.
10:14:59AM They are individual men and women, boys and girls, white and
10:15:04AM black, tall and short.
10:15:05AM As my eight-year-old granddaughter told me last night, the
10:15:08AM only thing they have in common, grandma, is they're poor.
10:15:12AM And that's about the size of it.
10:15:13AM You know, they don't want the tear up flowerbeds.
10:15:16AM They don't care about flowerbeds.
10:15:17AM They're not going to urine nature in your front yard.
10:15:20AM That's demeaning and these are people.
10:15:23AM We found when we treat people with dignity and respect, they
10:15:27AM respond in a dignified respectful manner.
10:15:30AM And that's what we do at the Trinity Cafe.
10:15:33AM I urge you, please, remember when you deliberate, that
10:15:37AM you're talking about people.
10:15:39AM One on one, not a big lump that you can roll under the bus.
10:15:44AM Give them a chance.
10:15:46AM Give us a chance.
10:15:47AM We can't promise you there will never be a banana peel or
10:15:53AM paper bag on the street.
10:15:54AM But we can't promise you that won't happen now and we're not
10:15:58AM But we can promise you we'll be good neighbors, we will pick
10:16:02AM it up falls down.
10:16:03AM And we will give the neighbors a chance to feel good about
10:16:06AM themselves, because something positive is happening in their
10:16:10AM neighborhood, and they could be a part of it.
10:16:13AM And you all, your job is to look after all the citizens of
10:16:17AM your city.
10:16:18AM And these people, come and eat with us are citizens of your
10:16:23AM So come.
10:16:24AM I urge you.
10:16:25AM Come to the cafe.
10:16:26AM I'm there on Mondays and Fridays.
10:16:31AM Come and join Leonard and me and I will introduce to you the
10:16:35AM individuals I've come to meet and know.
10:16:36AM And maybe you will see in it a little bit different light.
10:16:39AM And the residents too.
10:16:41AM Come and join us and meet the people.
10:16:43AM Thank you very much.
10:16:44AM I appreciate your time.
10:16:45AM >>CHARLIE MIRANDA: Thank you very much.
10:16:51AM >> Good morning, ladies and gentlemen and the Council.
10:16:53AM My name is Mick Davis.
10:16:54AM I live at 1702 West Farris Avenue.
10:16:57AM I'm here to address VM Ybor and Trinity Cafe.
10:17:00AM First, let me say tissues regarding homelessness, hunger and
10:17:04AM neighbors with development are complex and highly charged
10:17:08AM with emotion.
10:17:09AM There's no solution that's going to satisfy the concerns of
10:17:12AM those people involved.
10:17:14AM That being said, I urge all participants to do something
10:17:20AM VM Ybor, become an active and supporting partner with
10:17:24AM Trinity Cafe.
10:17:24AM Trinity Cafe worked diligently to improve revitalized and
10:17:30AM support the progress already made by VM Ybor.
10:17:36AM Council, this is a model program, to be admired and copied.
10:17:41AM A testament to what can be done by an engaged and
10:17:44AM enlightened community.
10:17:47AM Become a zone of compassion, respect and dignity.
10:17:49AM Become a shining star, one outsiders and critics alike can
10:17:54AM point to and say, it can be done because VM Ybor and Trinity
10:17:57AM Cafe have done it.
10:17:58AM Thank you.
10:18:00AM >>CHARLIE MIRANDA: Thank you.
10:18:05AM >> My name is Fred Hoffman.
10:18:08AM I live 8707 Edna Place.
10:18:12AM I come from a very poor background.
10:18:15AM I've lived in government housing.
10:18:16AM My father worked as a roofer and burned the bottoms of his
10:18:19AM feet in Arizona and had to soak them in epsom salts every
10:18:23AM So we know what poverty is about.
10:18:25AM My dad always told me when you start making it, help other
10:18:30AM Read the Bible.
10:18:32AM Do things for others.
10:18:34AM And that's why I'm at Trinity Cafe.
10:18:37AM I started giving back.
10:18:38AM I spent over 20 years.
10:18:41AM I was appointed to the advisory board of Hillsborough County
10:18:43AM parks and recreation department.
10:18:45AM I served there over 20 years.
10:18:46AM I was the president, first president of ELAPP.
10:18:50AM I served there for several years.
10:18:51AM So I've always worked in the public eye.
10:18:54AM I finally landed at Trinity Cafe because I think it's
10:18:58AM I'll give you three examples of things that have affected me
10:19:02AM very much personally.
10:19:03AM I served a man one day.
10:19:05AM He was working for FDOT.
10:19:07AM I think you all are familiar with people that build the
10:19:09AM He was an engineer on the bridges.
10:19:12AM After they finish a bridge, they went out and had a
10:19:15AM He got drunk one night and got a DUI.
10:19:17AM Ended up in jail.
10:19:19AM His wife bailed him out of jail.
10:19:23AM She said she would never do it again.
10:19:25AM Six months later, he got drunk again, got a second DUI.
10:19:29AM His wife divorced him and took everything.
10:19:31AM He was there eating lunch.
10:19:33AM He had an interview with another engineering firm.
10:19:37AM He did get a job.
10:19:38AM He said without us, he would have been starving.
10:19:41AM Another woman, she used to be outside and greet us with
10:19:47AM those little Valentine hearts.
10:19:50AM That said love you and this kind of thing.
10:19:52AM Very thin woman.
10:19:53AM She finally told me her story and she said her husband beat
10:19:56AM her regularly.
10:19:57AM He was a carouser and she had three children and he finally
10:20:03AM left and left her with aids.
10:20:06AM And she was dying of aids.
10:20:08AM She quit coming there because she did die.
10:20:10AM But without us, she would have died a lot sooner.
10:20:13AM I had a young man come in just last week, and he could
10:20:17AM hardly speak.
10:20:17AM And he couldn't swallow his food.
10:20:19AM And he could only whisper.
10:20:21AM And I talked to him at length.
10:20:23AM He finally relayed to me that he had cancer of the throat.
10:20:27AM He had been to Tampa general, he did not want to burden his
10:20:30AM family with the expense of dying in front of them.
10:20:32AM So he'd left his family.
10:20:34AM He had painkillers and he was just trying to survivor until
10:20:38AM he died.
10:20:39AM Doctor told him he had less than a month to live.
10:20:41AM I gave him some extra bananas and sent him on their way.
10:20:45AM That's what you're trying to get rid of?
10:20:47AM I don't think you should be doing that.
10:20:49AM Yes, these people are in need.
10:20:50AM But all of us could be there.
10:20:52AM You can have your house foreclosed on because your husband
10:20:55AM or your wife moved out and you can't make it on your own.
10:20:58AM Next thing you find yourself homeless and looking for a
10:21:01AM place to eat.
10:21:02AM We get those people, we take care of those people.
10:21:05AM Somebody has to do it.
10:21:06AM These people are only worried about home values.
10:21:09AM I worry about humans.
10:21:10AM I don't worry about things.
10:21:12AM Thank you very much for your time.
10:21:13AM >>CHARLIE MIRANDA: Thank you very much.
10:21:17AM 15 additional minutes for five more people.
10:21:19AM Have a motion made by, I'm sorry, Ms. Montelione.
10:21:23AM Second by Mr. Cohen.
10:21:24AM All in favor of that motion, please indicate by saying aye.
10:21:27AM The ayes have it unanimously.
10:21:27AM I don't get involved in too many conversations, but no woman
10:21:31AM takes a man for everything he's got.
10:21:33AM Court gives it to her.
10:21:37AM [ Laughter ]
10:21:38AM >> Good morning, my name is William Stewart.
10:21:40AM I live at 2513 North 13th Street.
10:21:43AM We have owned the house 11 years.
10:21:45AM Actually I think giving a banana to somebody with cancer and
10:21:48AM sending them on their way isn't doing any help at all.
10:21:51AM When Trinity is saying they're giving a roof over somebody's
10:21:54AM head, they're giving a roof of maybe an hour.
10:21:57AM That's kind of deceiving that you're giving a roof and then
10:22:00AM sending them on their way.
10:22:02AM There are no services in our area.
10:22:03AM They're walking from our place if they can manage to get
10:22:06AM queued in line fast enough, to get a voucher to get food,
10:22:10AM they then once they get food,age hour in there, they have to
10:22:14AM March 15 blocks away to some place else?
10:22:17AM There's nothing in our area.
10:22:18AM Neighborhood is so small and tight knit, we're trying to
10:22:21AM make it for everyone.
10:22:22AM Believe me, we take care of everybody in there.
10:22:25AM There's food given out.
10:22:26AM I also, everybody talks about volunteering at Trinity.
10:22:29AM There are many volunteers, not only in the association but I
10:22:32AM volunteer at my church at the food bank.
10:22:35AM So we're compassionate people also.
10:22:37AM We're looking out for the well favor our people in the
10:22:39AM neighborhood and other people.
10:22:41AM That lot is too small for 300 people to be queuing up on
10:22:45AM Nebraska Avenue, when gout buses stopping and you got cars
10:22:49AM going around a stopped bus, people getting off.
10:22:52AM Then you have 300 people queuing and at the end of the day,
10:22:56AM 300 people leaving at the same time.
10:22:58AM I implore the city to please try to find an alternative.
10:23:01AM A bigger lot, a bigger location that everybody can get more
10:23:04AM services other than one meal a day that maybe you might not
10:23:07AM be able to get to.
10:23:09AM Thank you.
10:23:09AM >>CHARLIE MIRANDA: Next please?
10:23:11AM >> Dabo Dabasiskas, 19123 Lake Audubon Drive.
10:23:20AM My wife and I are volunteers at Trinity.
10:23:22AM We picked it because of our concern for those who are in
10:23:25AM need, both adults and also children.
10:23:28AM The needs of these people may be medical, clothing, shelter,
10:23:34AM counseling, food, lack of employment, just to name a few.
10:23:39AM Trinity has devoted itself to providing food in an
10:23:44AM environment that treats the people with respect, dignity and
10:23:48AM in a caring manner.
10:23:49AM This nourishes their self-esteem and also their self-worth.
10:23:54AM The people that we serve are used to being avoided, people
10:24:00AM don't like to contact them.
10:24:02AM When they come into Trinity, they're greeted warmly, they're
10:24:05AM treated with dignity.
10:24:07AM We sit them down, we have a nice conversation with them.
10:24:09AM We can talk about their issues.
10:24:11AM Or we can talk about other things that are of concern to
10:24:15AM Then the meal by the table host.
10:24:18AM This is an opportunity for Trinity to enhance the services
10:24:22AM that it offers to these people and also to the neighbors in
10:24:26AM the area to help enhance the value of the services.
10:24:29AM It also is an opportunity for the city to address the issue
10:24:33AM of how things like this should be handled and what's the
10:24:37AM best manner to provide these serves to people in need in a
10:24:40AM manner that allows them dignity, concern and really respect
10:24:46AM from those who are serving to them.
10:24:48AM Working together, we, the city and along with the neighbors,
10:24:55AM can model some program and work around some of the
10:24:59AM opportunities that present itself in meeting everybody's
10:25:03AM So I thank you very much for opportunity of addressing you
10:25:06AM on this.
10:25:07AM And participating in a good example of American democracy.
10:25:11AM Thank you very much.
10:25:12AM >>CHARLIE MIRANDA: Than you, sir.
10:25:14AM Next please?
10:25:21AM >> Good day.
10:25:22AM My name is Sister Shirley Sweeney.
10:25:24AM I live at 3000 North Perry Avenue at St. Elizabeth house of
10:25:29AM retirement and intercessory prayer.
10:25:32AM I've been at Trinity Cafe since its inception 10 years ago.
10:25:36AM The things we have seen and the changes we have seen are
10:25:39AM One thing for sure, in the middle of some of the things that
10:25:44AM we do, people will get up -- one man came up in the middle
10:25:49AM of a dinner when he finished, just to say I want to thank
10:25:52AM everyone from the bottom of my heart.
10:25:55AM And the whole dining hall started clapping.
10:26:02AM And that's their feel.
10:26:03AM He talked about himself, but he meant on behalf of everyone
10:26:07AM What we do there is out of respect and dignity.
10:26:11AM As you've heard people say over and over again, they need to
10:26:14AM be given the chance.
10:26:16AM We have many children and women as well as teenagers, older
10:26:22AM veterans, who have served us in a way that today we need to
10:26:26AM help them back.
10:26:27AM We have others who come in to say what can they do to help
10:26:31AM us, because they've been so grateful.
10:26:34AM They have come back to us.
10:26:35AM And they have served us and they served us well.
10:26:38AM We're asking on their behalf and in a way that no one else
10:26:45AM can repay them, because everybody's rejecting them.
10:26:48AM When we come by in the morning, the hand are out, how are
10:26:51AM you today?
10:26:52AM I'm fine, sister.
10:26:53AM And bless them highly favored.
10:26:56AM Many of them are reading their Bible, just to get the good
10:27:00AM word -- good word for today.
10:27:02AM And now, food for their thought and food for their body.
10:27:06AM To help them to continue to be persons of God and to try to
10:27:11AM get a job and to try to be back in society.
10:27:14AM But they need us to help them as well.
10:27:17AM Thank you for listening.
10:27:18AM >>CHARLIE MIRANDA: Thank you very much.
10:27:19AM Next please?
10:27:25AM >> Good morning, good people.
10:27:26AM All people.
10:27:27AM I'm Sister Maureen Dorr.
10:27:32AM I live at 3000 North Perry Avenue.
10:27:35AM At St. Elizabeth convent, which is a house of intercessory
10:27:41AM My background is in education and in administration.
10:27:47AM And like you, the City Council, I stand on the shoulders of
10:27:53AM many people who have helped others.
10:27:57AM May recall the old St. Joseph's Hospital on Morgan street,
10:28:01AM which later became Kelly Tosh to help the poor and needy.
10:28:06AM I have also worked with Trinity Cafe for 10 years now.
10:28:13AM And have served with them.
10:28:16AM And as sister Shirley emphasized and I won't repeat all the
10:28:20AM good news that has been brought to you, but I just want to
10:28:24AM emphasize that we are all God's people.
10:28:28AM It's interesting in our scripture readings this morning, one
10:28:34AM from the old testament, on the book of ESTHER from, the book
10:28:44AM where she pleads for her people.
10:28:47AM From the new testament, the last line was, do unto others as
10:28:50AM you would have done unto you.
10:28:52AM The golden rule, which applies to all religious, no matter
10:28:57AM who and what you are.
10:28:58AM All people who have come here in defense of Trinity have
10:29:04AM proclaimed the goodness of the people.
10:29:06AM They are good.
10:29:08AM We are all good because we come from the creative hands of
10:29:13AM God wishes that you take into consideration the poor, the
10:29:22AM needy, and above all, our veterans.
10:29:26AM Many veterans come to Trinity Cafe.
10:29:30AM We also ask that in the compassion of your heart, as a City
10:29:35AM Council, you look at all God's people.
10:29:40AM And that you listen, you hear the cry of the poor and you
10:29:46AM respond in mercy and in justice.
10:29:49AM Thank you for this time.
10:29:53AM God bless you all.
10:29:54AM God bless all of us.
10:29:56AM >>CHARLIE MIRANDA: Thank you.
10:29:59AM This will be our last speaker under this 30 minute.
10:30:04AM >> Thank you Mr. Chairman.
10:30:07AM John Dingfelder, here on behalf of the ACLU of Florida.
10:30:12AM And many of your constituents, who are members.
10:30:14AM I'm not here on Trinity Cafe.
10:30:17AM It's extremely important issue and I'm glad everybody had a
10:30:20AM chance to speak.
10:30:21AM I'm here on the item Chief Castor is bringing to you.
10:30:25AM Specifically the closed circuit television camera, a
10:30:29AM $2 million use of taxpayer funds for the purchase of these
10:30:32AM cameras for the Republican national convention.
10:30:34AM And specifically we're not here today to oppose the purchase
10:30:39AM of those cameras.
10:30:40AM I want to make that abundantly clear.
10:30:43AM What we're asking you today to do is to abide by your own
10:30:47AM Your own rules, rule seven, which says that items that staff
10:30:51AM wants to bring to you, must be brought to the clerk's office
10:30:54AM last Thursday, by 2:00 p.m.
10:30:56AM And we all know that that's an important rule to Council, to
10:31:01AM ensure that not only do you have plenty of opportunity to do
10:31:05AM your homework and ask all the questions that need to be
10:31:08AM asked, on a weekend and week in basis but also to ensure
10:31:13AM that the public has had plenty of opportunity to get
10:31:15AM involved in the process.
10:31:16AM And we're not talking about a $5,000 expenditure, $10,000
10:31:22AM We're talking about $2 million.
10:31:24AM Of public taxpayers money.
10:31:26AM And it doesn't matter that it's federal money or local
10:31:30AM money, at the end of the day, it's taxpayer money.
10:31:33AM The public has had no opportunity to even know that this was
10:31:36AM on today's agenda.
10:31:37AM Because as you know this was being walked around by my good
10:31:42AM friend Chief Castor and her staff to you.
10:31:48AM I know there are circumstances she will speak to in a
10:31:51AM But frankly I've been monitoring this situation since last
10:31:55AM They have been discussing this project internally since last
10:31:59AM This is not anything new and if you really make them defer
10:32:04AM for two weeks, let me tell you why we should do that not
10:32:07AM only will the public have an opportunity to tell you how
10:32:10AM they feel about it, which is extremely important, not only
10:32:13AM from a monetary perspective, buts from a privacy
10:32:17AM These are not run of the mill cameras.
10:32:19AM These are the latest high tech cameras that when mounted on
10:32:22AM the 20 story building downtown, they'll be able to see the
10:32:25AM mole on your face walking on the street.
10:32:27AM And that is no joke, because I've actually seen them in use.
10:32:30AM In other cities.
10:32:31AM That's where the privacy concerns come in.
10:32:35AM Not only for the use at the RNC.
10:32:38AM And again I'm not opposing the purchase and use during the
10:32:42AM But the reason that we're here today is to address the
10:32:45AM permanency issue.
10:32:46AM I've been discussing this with TPD and with chief of staff,
10:32:51AM for many, many months, to say let's come up with an
10:32:54AM ordinance together, okay, that will address, if the city is
10:32:58AM going to keep these cameras, then what are the parameters of
10:33:01AM the use of those cameras?
10:33:03AM Well, now the time has run out, very surprisingly, on
10:33:07AM drafting that ordinance.
10:33:08AM So -- if I could just wrap up, Mr. Chairman.
10:33:11AM >>CHARLIE MIRANDA: Just finish.
10:33:12AM >> Thank you.
10:33:13AM What my intent over the next two weeks is, and I can provide
10:33:17AM City Council and the chief and the mayor with a draft
10:33:19AM ordinance within the next two or three days.
10:33:22AM I believe the best approach for this Council is to have that
10:33:25AM ordinance be a companion ordinance to March along with this
10:33:29AM purchase order two weeks from now.
10:33:30AM That way the public will have an opportunity to address
10:33:33AM these issues together, which will be the appropriate way to
10:33:36AM do it.
10:33:36AM Thank you for your time.
10:33:38AM >>CHARLIE MIRANDA: Thank you very much.
10:33:38AM Mr. Territo, will you come up here, regarding the items of
10:33:47AM being walked on.
10:33:48AM I thought when a certain person was member of Council, they
10:33:51AM did the same thing.
10:33:54AM >>SAL TERRITO: It's within your discretion to have items
10:33:57AM come in that didn't make the third deadline.
10:33:59AM This particular item did get on the addendum and advertised
10:34:03AM and was on the web site last night.
10:34:05AM It's my understanding you have been briefed and the public
10:34:08AM would have known about this as of last night.
10:34:10AM It is within your discretion.
10:34:14AM >>CHARLIE MIRANDA: I look around and I'm seeing all these
10:34:18AM They're not here to take picture of pretty faces.
10:34:21AM They're here for this one reason, that we're going to
10:34:23AM discuss in a few seconds.
10:34:24AM If you don't believe me, let the TV stations address
10:34:29AM themselves and you ask them why they're here.
10:34:31AM It was in the papers.
10:34:33AM It's been discussed.
10:34:34AM I mean, my thinking is, the halls of this hallway have been
10:34:42AM footed by both the police department and the ACLU.
10:34:45AM Other than one office.
10:34:48AM So what's are we going to say?
10:34:59AM All right.
10:34:59AM I'm going to bring up the agenda item.
10:35:01AM On new business.
10:35:02AM The chief of police and discuss the resolution and then
10:35:08AM we'll go to discussion, we'll go to Mulhern and
10:35:10AM Ms. Montelione, as soon as she speaks, we know it's about.
10:35:14AM We'll go through the whole Council.
10:35:17AM >> Council, I appreciate your attention on this matter this
10:35:20AM And we, as you know have not walked items on very often.
10:35:25AM And we have, our goal is to have a very safe, secure and
10:35:30AM enjoyable RNC.
10:35:32AM Our focus obviously is on the safety and the security of
10:35:34AM that event.
10:35:36AM And we have also the goal of being good stewards of the
10:35:40AM grant or federal tax dollar.
10:35:43AM And in that light, we asked for, when we sent out the
10:35:48AM original RFP on this camera system, we asked for three bids.
10:35:52AM One, that it was a turnkey system, where a company would
10:35:55AM come in, set it up, operate it, and take it away after the
10:36:00AM Second was a leasing option.
10:36:02AM The third was to purchase it outright.
10:36:05AM The only responses that we received were an outright
10:36:08AM As a result, we had two craft a second RFP.
10:36:12AM And that has caused a delay.
10:36:13AM This item has been in the news, the public is aware of it.
10:36:20AM The urgency of the matter is that we have a time certain for
10:36:26AM this project to be completed.
10:36:29AM And operational.
10:36:30AM And we are already behind on the start date for that.
10:36:34AM So this contract has got to be administered.
10:36:37AM We do not have the time for a two week delay on that.
10:36:42AM That address it is urgency of the situation.
10:36:45AM I wish we had more time.
10:36:46AM But we don't.
10:36:47AM So, this needs to be addressed today.
10:36:52AM The second issue of how these cameras will be utilized after
10:36:55AM the RNC, is a separate matter.
10:36:58AM And that's a decision for the city.
10:37:00AM I would hope that the Tampa Police Department and myself
10:37:04AM personally have developed a level of trust that the
10:37:07AM community will believe that these cameras will be used in
10:37:11AM the best interest of our community.
10:37:13AM And those decisions will be made after the fact.
10:37:16AM What we are here today is to try to get this project
10:37:20AM approved so that we can get started and be ready for the
10:37:23AM time that the convention begins.
10:37:26AM >>CHARLIE MIRANDA: Thank you very much.
10:37:27AM I go to Ms. Mulhern, Ms. Montelione and Ms. Capin in that
10:37:32AM >>MARY MULHERN: Thank you.
10:37:33AM Chief, I don't -- I'm not clear on how this is so urgent
10:37:40AM that -- since you have been talking about it and working on
10:37:44AM it for a year, why you couldn't have given us two weeks
10:37:48AM notice and put it on the agenda so that it would have, the
10:37:52AM public would have known that the cameras -- no one knew that
10:37:56AM the cameras were coming up.
10:37:57AM I know you stopped by my office a couple days ago, so I knew
10:38:01AM a couple days ago.
10:38:02AM So I didn't have time to do the kind of research that I
10:38:06AM would like to have done.
10:38:07AM Before being asked to vote on it today.
10:38:11AM So, why is it that we couldn't have heard about it a couple
10:38:15AM weeks ago?
10:38:16AM >> Again, we had to do a second RFP.
10:38:20AM That had to go through all the vetting process.
10:38:22AM We had a committee that was put together to make a decision
10:38:27AM that was in the best interest of the city, of the event.
10:38:30AM The RNC.
10:38:31AM And also being the -- basically the best system we could get
10:38:36AM for the amount of money that we are spending.
10:38:39AM And, that decision was made, one of the other vendors
10:38:44AM contested that decision.
10:38:46AM So the final decision was not made until last Friday.
10:38:48AM And again, we are up against a deadline.
10:38:52AM This company, in order to finish this project has to get
10:38:54AM started on it yesterday.
10:38:56AM >>MARY MULHERN: I don't understand that at all.
10:38:57AM This company wants this $2 million.
10:39:01AM That they need, you know -- I don't understand that.
10:39:06AM You explain that to me.
10:39:09AM >> Okay.
10:39:09AM It's a time certain.
10:39:10AM They have to have this up and operational or they will pay a
10:39:13AM monetary fine day per day that this system is not
10:39:18AM And it can't be put in in a week or two.
10:39:21AM There is a timeframe that they have requested.
10:39:24AM They've been given that amount of time.
10:39:26AM And they've been given a time certain, after which they
10:39:29AM will --
10:39:31AM >>MARY MULHERN: They've been given that by whom?
10:39:32AM By us?
10:39:33AM >> Yes, by the committee.
10:39:37AM >>MARY MULHERN: I still don't understand it.
10:39:42AM >>MARY MULHERN: How many months do they need to put up these
10:39:45AM >> Into July, there's a time certain.
10:39:48AM >>MARY MULHERN: So that's four months, right?
10:39:49AM >> Uh-huh.
10:39:50AM >>MARY MULHERN: So two weeks?
10:39:54AM I don't understand.
10:39:55AM >> And also, as I spoke to every Councilmember and reviewed
10:39:59AM each of these items, and had all of the documentation and
10:40:03AM would answer any questions that any Councilmember has, as
10:40:07AM I've stated some of this information has security
10:40:13AM implications and cannot be shared publicly.
10:40:16AM But I did discuss each and every one of these projects in
10:40:20AM details with the Councilmembers.
10:40:22AM >>MARY MULHERN: This is another question I have, because
10:40:25AM maybe I misheard you, but I thought when we talked the other
10:40:30AM day, it was $1.1 million.
10:40:33AM And now it's almost, pretty much $2 million.
10:40:37AM >> That's the addition.
10:40:38AM 1.1 to the addition of the 815 that was on there originally.
10:40:42AM >>MARY MULHERN: How did it double in two days?
10:40:45AM >> No, the 1.1 is in addition to the 815.
10:40:54AM >>MARY MULHERN: Oh, the 1.1 is for the -- I still don't
10:41:00AM >> The equipment category.
10:41:02AM >>MARY MULHERN: Okay.
10:41:03AM >> 1.1 in addition to the 815.
10:41:06AM Adds up to that number.
10:41:09AM >> So why didn't we have the total?
10:41:12AM What's the 815 for and what's the 1.1 for?
10:41:17AM >> All that equipment.
10:41:18AM >>MARY MULHERN: So it doubled in two days, the cost?
10:41:20AM >> No, it didn't double.
10:41:22AM We combined the two items.
10:41:24AM Like I discussed with each Councilmember, we combined the
10:41:27AM two items together to bring forward to Council.
10:41:30AM >>MARY MULHERN: Okay.
10:41:31AM I guess I'm not clear.
10:41:32AM You combined, are you talking about the gear and the
10:41:36AM >> No.
10:41:37AM Those two are separate items.
10:41:39AM >>MARY MULHERN: Well, neither of the items were on the
10:41:41AM agenda for the cameras, right?
10:41:45AM >> I don't understand.
10:41:45AM Neither of the items were on the agenda for the cameras?
10:41:49AM >>MARY MULHERN: The cameras are not on the agenda today.
10:41:52AM They were not on the agenda.
10:41:54AM >> Correct.
10:41:58AM >>MARY MULHERN: Well, we approved it at the beginning of the
10:42:01AM But when you discussed the cameras with me, it was 1.1.
10:42:05AM >> No, no, the camera system was 1.9.
10:42:08AM The original equipment was 815.
10:42:10AM And then 1.1 addition to that makes the 1.9.
10:42:16AM >>MARY MULHERN: Maybe I didn't understand what you were
10:42:18AM saying when we talked.
10:42:19AM >> I apologize.
10:42:21AM >>MARY MULHERN: So we have still got this $2 million.
10:42:24AM I'm just going -- I'm just going to say to Council, I just
10:42:30AM feel like, this is a huge decision.
10:42:33AM And this is the only point where this Council has an
10:42:37AM opportunity to say, number one, we want all the information
10:42:42AM we can get.
10:42:43AM Number two, that we want the public to be able to weigh in
10:42:46AM on this, because this is a huge thing that suddenly we're
10:42:49AM going to have many dozens of security cameras all over.
10:42:57AM And I, you know, I don't know how Council is going to feel
10:43:03AM about this.
10:43:03AM But I'm not going to support passing this today.
10:43:06AM If in fact Council decides to pass this, I think that --
10:43:18AM absolutely, we have to, and I think when we come back, we
10:43:22AM would have the time to discuss this and to work on the fact
10:43:26AM that I don't want -- I don't want, and I think there are
10:43:30AM going to be a lot of people in this city that do not want
10:43:34AM permanently cameras installed all over.
10:43:37AM Downtown and wherever else.
10:43:40AM We're also going to have the opportunity to move these
10:43:42AM cameras whenever we want.
10:43:45AM That we don't want permanent surveillance.
10:43:47AM And this is the kind of thing that is happening because of
10:43:49AM the March of technology, and the lack of information, prior
10:43:58AM to this kind of installation, the fear that has been
10:44:01AM engendered that we need to have this for our protection.
10:44:05AM These things get put in place and then we're stuck with it
10:44:08AM and there's nothing we can do about it.
10:44:10AM So, I think if we need these for the convention, I don't,
10:44:16AM you know, already we're allowing, we're making that
10:44:19AM assumption that we need this for the safety for this
10:44:22AM two-week event.
10:44:23AM That may be something, you know, I'm sure that Council was
10:44:26AM going to support.
10:44:27AM But to have these in place permanently, so I think we need
10:44:32AM an ordinance that would only approve these for the period of
10:44:38AM the convention.
10:44:41AM Because if we, if we do anything more than that, we are
10:44:45AM going to be faced with having no input from the public, no
10:44:49AM control, no oversight, no balance from this Council.
10:44:54AM Who represents the public on how much surveillance we can
10:44:58AM have in our daily lives, going forward in Tampa.
10:45:03AM >>CHARLIE MIRANDA: Ms. Montelione?
10:45:06AM >>LISA MONTELIONE: Thank you, chair.
10:45:07AM Chief Castor, we had a discussion, as you visited with all
10:45:12AM of the Councilmembers, I'm assuming, about this item.
10:45:20AM As well as about the item that was on the agenda, item 9 for
10:45:23AM the purchase of protective equipment for the officers, both
10:45:28AM our own and the ones coming into town for the convention.
10:45:31AM And as we heard, even from the ACLU, we don't have a problem
10:45:37AM with, at least I don't, I can't speak for the rest of my
10:45:40AM fellow Councilmembers, but I don't have a problem, the ACLU
10:45:44AM doesn't have the problem with the purchase of this
10:45:46AM We understand that it's necessary for the protection of our
10:45:49AM officers, it's necessary for the protection of our city.
10:45:53AM And installing cameras during the Republican national
10:45:56AM convention, I think is in today's technology and in today's
10:46:03AM environment of social networking, it's just another tool to
10:46:07AM use for the safety of the public, both the convention goers,
10:46:10AM the protesters themselves, for our officers an for the folks
10:46:14AM who live and work downtown.
10:46:16AM The issue that was brought to my attention by some
10:46:22AM constituents, as well as the ACLU, is the regulation of the
10:46:27AM cameras after the convention.
10:46:30AM And you yourself said that that would be a separate matter.
10:46:34AM So, last night, I spoke with yourself, I spoke with city
10:46:40AM attorney Shimberg.
10:46:42AM I spoke with Council attorney Martin Shelby.
10:46:45AM And by virtue of my conversation with Mr. Shimberg, who
10:46:49AM happened to be in Santiago Corrada's office, at the same
10:46:53AM time I more or less spoke to him as well, and asked for a
10:46:56AM compromise so that we can go ahead and approve the purchase,
10:47:01AM we can get the company working, and by the way, I mean the
10:47:05AM information that was provided, if the general public would
10:47:08AM like to see, this is what I got yesterday at, I don't know,
10:47:12AM approximately 4:00 in the afternoon.
10:47:14AM To review and read and digest.
10:47:16AM And all of this information, as far as I see it, relates
10:47:21AM only to the safety equipment that's being purchased, because
10:47:24AM it's under a contract with Safeware.
10:47:27AM But I don't have any information about the cameras.
10:47:31AM So thank said about the information we were provided and the
10:47:34AM time that we have to digest the paperwork, could we ask
10:47:43AM Mr. Shimberg to come back with a draft ordinance that would
10:47:51AM regulate the deployment, location and warrant for the use of
10:47:56AM cameras post RNC?
10:48:00AM So that today we go ahead, we approve the purchase, the
10:48:04AM company can get started, so that we are in place in time,
10:48:10AM everyone is trained on the use of the equipment for the RNC,
10:48:14AM because the contract states July, as an installation, and
10:48:18AM they pay, can't remember what it said in the contract, it
10:48:21AM was a sizable amount of money per day penalty for not being
10:48:24AM completed by July.
10:48:25AM And come back with an ordinance for the regulation of the
10:48:32AM use of these cameras post RNC.
10:48:34AM >> I don't have any problem or issue with that whatsoever.
10:48:38AM And just to allay anyone's concerns, as I stated, we are
10:48:44AM good stewards of these federal dollars.
10:48:45AM And all of these purchases are vetted through the city
10:48:49AM The majority of them come before City Council and before the
10:48:53AM There are certain security issues that, you know,
10:48:58AM necessitate an individual briefing, which I gave to each and
10:49:01AM every one of you.
10:49:02AM And as Mr. Dingfelder is a representative with the ACLU.
10:49:08AM We actually meet with him on a regular basis, concerning the
10:49:12AM The concerns that he may have with the event and I would
10:49:16AM dare say that that's not done anywhere else across the
10:49:20AM United States.
10:49:20AM So, we are being very, very transparent, as transparent as
10:49:25AM we can be.
10:49:26AM And as Mr. Dingfelder stated, he has seen these systems in
10:49:30AM other cities.
10:49:31AM We like to think of ourselves as being very progressive as a
10:49:34AM city and as a police department.
10:49:36AM But most cities have these camera systems in their downtown
10:49:40AM I have no issue with, you know, the community weighing in on
10:49:43AM where these cameras are going to be used.
10:49:48AM Downtown area, wherever it is.
10:49:49AM We are a city that hosts a number of conventions.
10:49:52AM We have a focus on tourism.
10:49:54AM And to keep, you know, our conventioneers or our visitors
10:49:59AM safe, whatever way these cameras want to be used, I'm fine
10:50:02AM with community input.
10:50:06AM >>LISA MONTELIONE: As you stated, there are many other
10:50:08AM cities that have these cameras.
10:50:10AM But the amount of time to research how those cities regulate
10:50:14AM the use of those cameras, none of us have had the ability to
10:50:19AM do, so that -- that's something that the reason why I'm
10:50:24AM asking to come back, so we're afforded the time to look at
10:50:27AM the regulations in place in cities that do have these
10:50:30AM cameras, and see how other jurisdictions are, are regulating
10:50:37AM the use of those cameras.
10:50:39AM >> So we can make the decision today on the purchase for the
10:50:42AM RNC and then discuss the after use at a later time?
10:50:48AM >>LISA MONTELIONE: Yes.
10:50:48AM I'm asking that we go ahead and approve the agenda item for
10:50:51AM the contract purchase of the cameras and the safety
10:50:54AM equipment with the respective companies.
10:50:55AM But that we come back at a time certain with a draft
10:51:00AM ordinance for the regulation and use of those cameras.
10:51:03AM >> I have no issue with that.
10:51:04AM The city attorney's opinion matter more than mine on that.
10:51:09AM >>JAMES SHIMBERG: Jim Shimberg, city attorney.
10:51:11AM I think there's a lot of issues that involve the use of the
10:51:15AM cameras after the convention, financial and other things.
10:51:17AM And so I don't think we're necessarily in a position to
10:51:20AM prepare an ordinance on that right now.
10:51:22AM Why downtown excuse, you know, myself, Chief Castor, the
10:51:26AM administration, to come back with their report after the
10:51:28AM RNC, with, after wave done all the research and figured out
10:51:32AM financially and otherwise what we propose the cameras be
10:51:36AM used for going forward.
10:51:38AM Then you can weigh in.
10:51:39AM If we need to do an ordinance, we can do one.
10:51:42AM I don't think we're in a position to draft an ordinance when
10:51:45AM we're not sure how we're going to use them after the
10:51:48AM If we come back and report to you, if an ordinance is
10:51:51AM necessary we'll prepare one.
10:51:53AM >>LISA MONTELIONE: I think the ordinance is necessary, why
10:51:56AM have a staff report and come back with an ordinance?
10:51:59AM Why not do the research and based on that research, prepare
10:52:02AM a draft ordinance for us to review and discuss?
10:52:05AM >> We can do that.
10:52:06AM But I don't think that information is going to be known
10:52:09AM until after the RNC.
10:52:10AM Right now the focus is on using the cameras now.
10:52:14AM The focus is not on the cost of maintaining them, whether we
10:52:18AM have that in our budget.
10:52:19AM Maybe they're going to be moved to a different location.
10:52:21AM I've heard a suggestion maybe they should be used in
10:52:24AM But there's a lot of issues we don't know.
10:52:27AM You can ask us to come back with a draft ordinance after the
10:52:30AM RNC, that's fine.
10:52:32AM But I'm saying right now we don't have the information to
10:52:34AM put in that ordinance.
10:52:35AM >> Well is part of the issue we're preparing for the RNC.
10:52:39AM >> That's part of it, yes.
10:52:41AM >> At a premium at the moment.
10:52:43AM Try and come back with something?
10:52:45AM >>JAMES SHIMBERG: Correct.
10:52:46AM >>LISA MONTELIONE: It would be up to my fellow members of
10:52:50AM Council to see, you know, the timing and when they'd like to
10:52:53AM come back with an ordinance.
10:52:54AM I would venture to guess that an ordinance is the direction
10:52:57AM that we're going to go in.
10:52:59AM So if it's a matter of timing of when that ordinance is
10:53:02AM brought before us, we can discuss that.
10:53:08AM >>CHARLIE MIRANDA: Let me just say here -- I do it
10:53:11AM Mr. Reddick, Mr. Suarez and Mr. Cohen, then I'll speak and
10:53:14AM then I'll go back to Mr. Mulhern and Mr. Reddick.
10:53:20AM >>FRANK REDDICK: Thank you, Mr. Chairman I thought you were
10:53:23AM through to speak?
10:53:24AM >>CHARLIE MIRANDA: No, finished for that moment.
10:53:27AM >>FRANK REDDICK: I have no problems with approving the
10:53:35AM purchase of the cameras and moving forward with that today.
10:53:38AM But what concerns me, and the text message that I start
10:53:47AM receiving this morning when this came out in the paper, is
10:53:51AM that the people in my district, particularly East Tampa, are
10:53:57AM saying they don't want to see the cameras spread out
10:54:03AM throughout East Tampa.
10:54:04AM And when this article came out in the paper this morning,
10:54:09AM that's the first thing I received text messages about it
10:54:12AM this morning.
10:54:13AM So, I have to make sure and have some assurances that I can
10:54:20AM go back to the people in my district and assure them that
10:54:24AM these cameras will not be placed in East Tampa.
10:54:29AM In my district.
10:54:32AM Even downtown as a part of my district and the people
10:54:36AM downtown do not want them.
10:54:37AM So this is another problem I'm facing.
10:54:39AM So, I just want some assurance, because I know how
10:54:44AM government works.
10:54:45AM I know the political game.
10:54:49AM And we can make promises, and that certain things will not
10:54:57AM take place.
10:54:58AM And we have had problems already, sit on this Councilmember
10:55:05AM and the problems never came through.
10:55:07AM And we are still sitting here from waiting for something to
10:55:12AM come before us that we still have not received.
10:55:14AM So I'm curious about not having in place and waiting until
10:55:22AM after the convention and then we find out that the decision
10:55:26AM has already been made about where these cameras are and
10:55:29AM given us little wiggle room to have any discussion.
10:55:33AM And then I got to fight that battle, fight that challenge
10:55:36AM with the people that I represent about these cameras.
10:55:40AM And that's my concern.
10:55:46AM So if it takes ordinance today for us to have some
10:55:51AM safeguards, protections, I'm willing to support it.
10:55:55AM Or I understand the urgency, chief, and if, I cannot accept
10:56:01AM putting off for two weeks.
10:56:03AM I think that's wrong direction.
10:56:05AM But as a compromise, I will accept, if we can't get an
10:56:10AM ordinance today, at least having one week to come back and
10:56:14AM some assurances that we have to have some safeguards as a
10:56:19AM Council that when this convention is over, that these
10:56:23AM cameras will not arbitrarily just pop up somewhere and be
10:56:26AM placed somewhere, and sentiment in my district always going
10:56:31AM to be, becoming to my district, East Tampa.
10:56:35AM And that's the message that I received this morning.
10:56:38AM And they keep receiving back and forth.
10:56:41AM So, I don't know how we can do it, but I support the
10:56:46AM I support buying them.
10:56:47AM I think it's needed to have the control, to deal with the
10:56:51AM crowd that is coming here in this city.
10:56:53AM But I just curious about having prepromises and then when
10:57:00AM the convention, those people came, they've gone, and we're
10:57:04AM sitting here, I'm driving down 22nd, driving down
10:57:09AM Hillsborough, and the camera's looking at me.
10:57:13AM As I walk the store, or travel.
10:57:16AM And we already got traffic cameras, red light cameras on
10:57:20AM 22nd and Hillsborough already.
10:57:22AM And then I don't want to see more cameras popping up,
10:57:25AM because we do not live in that type of society where we got
10:57:31AM to be spied upon.
10:57:32AM Everywhere we go.
10:57:33AM I never know, camera might catch me doing something wrong.
10:57:39AM [ Laughter ]
10:57:41AM >>CHARLIE MIRANDA: God bless you.
10:57:42AM Want to confess now?
10:57:45AM [ Laughter ]
10:57:46AM >>FRANK REDDICK: So I'll just curious about that and the way
10:57:49AM I just hope that we could have some assurance.
10:57:52AM I don't know if direction and route to go is what
10:57:55AM Councilmember Montelione was saying by putting the ordinance
10:57:58AM in place.
10:57:59AM But, or delaying it for one week still staff can come back
10:58:04AM or accept recommendation of Mr. Dingfelder where he put
10:58:06AM something in place one week and bring it back to us and we
10:58:09AM vote on that.
10:58:10AM But I think we need to have some assurance, Mr. Chair, but
10:58:13AM I'm supporting buying the cameras.
10:58:15AM But I need to have some assurance about where those cameras
10:58:18AM go and where they be placed once that convention is over.
10:58:23AM And we can develop the language to say no decision about
10:58:28AM where the cameras will be placed, until we have had public
10:58:32AM discussion and the Council had the opportunity to share in
10:58:35AM the discussion.
10:58:36AM >>CHARLIE MIRANDA: Commissioner Suarez thank you very much.
10:58:41AM >>MIKE SUAREZ: Couple things.
10:58:42AM Chief Castor, I know it's been mentioned 99 cameras.
10:58:47AM I know we didn't want to talk about numbers.
10:58:49AM This was mentioned in Mr. Dingfelder's memo to us.
10:58:52AM Right now, there is, I know you're uncertain constraints
10:58:57AM concerning secret service and safety.
10:58:58AM We do not want to give those people that may be planning on
10:59:03AM coming here to be anarchists or protesters or anything else
10:59:07AM to cause property damage or other types of mayhem in our
10:59:11AM city, the strategic advantage of knowing a lot of what we're
10:59:15AM going to do in terms of our safety, is that correct?
10:59:18AM >> Correct.
10:59:19AM >>MIKE SUAREZ: Know one of the questions I have of you is
10:59:21AM It's been brought up by my colleagues here, is that we had a
10:59:27AM couple things.
10:59:27AM One, the timeframe.
10:59:33AM I think you've answered that fairly well in terms of why
10:59:35AM this has been delayed and that if I'm not mistaken, I think
10:59:38AM we may have talked about this yesterday, that they need
10:59:42AM time, not only to install, but to test and make sure that
10:59:45AM all of it is working properly.
10:59:48AM Is that correct?
10:59:48AM >> Correct.
10:59:49AM Test and trained.
10:59:50AM >> You know, I think you were mentioning to me that police
10:59:52AM officers on the beat, on the ground, will be able to use a
10:59:56AM smart phone and be able to find a location with a camera and
11:00:00AM be able to maybe even look for perpetrators at that moment
11:00:04AM to be able to catch them quickly, is that correct?
11:00:07AM >> Yes, sir.
11:00:07AM >> Okay.
11:00:08AM Here's the question I have for you.
11:00:10AM Because this is where public safety and public information
11:00:14AM kind of intersect.
11:00:15AM And I know this is happening the same process is happening
11:00:20AM in Charlotte.
11:00:21AM But the difference is, that it's happening in secret.
11:00:23AM They do not have an ability or, excuse me, they've given
11:00:28AM carte blanche to their city manager to be able to put these
11:00:31AM cameras anywhere.
11:00:32AM I think part of the discussion we had yesterday also was
11:00:35AM about permanency.
11:00:37AM Where we discussed it a little bit.
11:00:38AM And if you could please relay about, you know, some of the
11:00:42AM maintenance costs of these cameras once they are in place.
11:00:46AM >> Well --
11:00:49AM >>MIKE SUAREZ: I don't mean a particular number.
11:00:50AM >> I don't want to blur these two issues right now.
11:00:53AM I believe we need to keep them separate and make this
11:00:55AM decision on the RNC application and I don't disagree with
11:01:04AM saying that these cameras will not be deployed after the RNC
11:01:08AM without public comment, without Council input, without the
11:01:11AM input from the city.
11:01:13AM I believe that everyone would agree upon that, that
11:01:17AM compromise or that idea, that's only fair.
11:01:20AM But I do want to keep those two issues separate if we could.
11:01:26AM >>MIKE SUAREZ: That's the point I was trying to make.
11:01:27AM Which is, there are two things that are going to happen once
11:01:31AM cameras are put in for the RNC.
11:01:34AM One, hopefully everything will go smoothly.
11:01:37AM Cameras will be in use.
11:01:38AM They will help us defuse any issues or any problems that
11:01:44AM might happen in downtown Tampa.
11:01:45AM Second issue is this.
11:01:46AM As a Council, we still have the power to determine whether
11:01:50AM or not cameras are going to be personally put into the City
11:01:52AM of Tampa.
11:01:53AM Whether or not we have an ordinance now or we have an
11:01:56AM ordinance afterwards doesn't really matter, we still have
11:02:00AM that role to play.
11:02:02AM Because the problem that we're going to have when it comes
11:02:04AM to cameras is the cost of maintenance.
11:02:07AM We're going to have to agree to a contract for maintenance.
11:02:10AM That $50 million that we have been granted by the federal
11:02:13AM government is going to be used almost exclusively and
11:02:16AM completely used for those needs specific to the RNC.
11:02:20AM So, drafting the ordinance now prior to the when we're going
11:02:26AM to know, A, how many cameras we're going to actually keep,
11:02:29AM because I don't think we are going to keep 99 cameras to be
11:02:32AM honest with you.
11:02:32AM B, whether or not it's cost effective for to us keep
11:02:37AM Doesn't make sense to go put the cart before the horse in my
11:02:40AM mind in terms of an ordinance.
11:02:42AM Again, back to the cameras themselves.
11:02:44AM I think that, I think all of us, most of us are going to
11:02:47AM agree to cameras and the use of them and the purchase of
11:02:51AM these cameras probably today.
11:02:53AM But secondly that we already have the powers as a Council in
11:02:56AM terms of our power of the purse, in terms of whether or not
11:02:59AM we continue to use cameras either in downtown Tampa, East
11:03:02AM Tampa, south, west, doesn't matter where it's at.
11:03:06AM Because that is going to, I think, going to be the main
11:03:09AM determining factor as to whether or not we go forward with
11:03:13AM any five cameras, 20 cameras, 50 cameras.
11:03:17AM So I think we need to get back on the emphasis here, we are
11:03:20AM talking about RNC first.
11:03:22AM Ordinance that we might put together later on, we'll have to
11:03:27AM determine how the private sector is going to be playing to
11:03:31AM There are lots of cameras the private sector has for their
11:03:34AM own security.
11:03:34AM So we have to be very careful on how we draft these
11:03:38AM I think we need to wait to see how successful or
11:03:41AM unsuccessful we are after the RNC to determine whether or
11:03:44AM not an ordinance to deal with security cameras are going to
11:03:48AM come into place.
11:03:49AM So, Jane Castor, thank you so much.
11:03:53AM We appreciate it, chief.
11:03:54AM Do you a great job.
11:03:56AM Hopefully we'll get this straightened out and go forward
11:03:59AM Thanks again for being so open.
11:04:00AM We're so differ than Charlotte.
11:04:02AM We do appreciate that.
11:04:05AM >>CHARLIE MIRANDA: Our lady named Charlotte is going to get
11:04:08AM mad at us.
11:04:09AM Mr. Cohen?
11:04:10AM >>HARRY COHEN: I will be brief.
11:04:11AM Thank you, chief Cass to.
11:04:12AM We spent about an hour together yesterday and talked about
11:04:15AM the cameras.
11:04:16AM I'm also comfortable with going forward with them today.
11:04:19AM Do I share the same concerns as many of my colleagues about
11:04:22AM the future uses of the cameras.
11:04:25AM But I fill find myself in total agreement with Councilmember
11:04:29AM Suarez just said.
11:04:30AM Specifically it was my understanding from our meeting
11:04:33AM yesterday that any contract for maintenance of the cameras
11:04:36AM is going to have to come back tow City Council.
11:04:38AM And through the approval or non-approval of that contract,
11:04:42AM we really can't exercise our will in terms of how they're
11:04:47AM going to be used in the future.
11:04:48AM That's number one.
11:04:49AM Number two, I don't see what would prevent us from passing
11:04:53AM an ordinance next week or the week after, or nine months
11:04:56AM from now, governing the use of the cameras the same way that
11:05:00AM we had to when the traffic red light cameras came before us
11:05:05AM about six months ago.
11:05:07AM So, I don't know what direction we're going to go in in
11:05:11AM terms of governing the use of the cameras going forward.
11:05:14AM But I will certainly support working with my colleagues to
11:05:19AM make assurances to the community that the cameras are only
11:05:22AM going to be used in ways that have been publicly vetted and
11:05:25AM that we have talked through here and achieved a comfort
11:05:30AM level with.
11:05:31AM So that's my position.
11:05:33AM >>CHARLIE MIRANDA: Ms. Capin?
11:05:35AM >>YVONNE CAPIN: Thank you.
11:05:36AM I also feel that I can approve the purchase.
11:05:40AM Couple of things were brought up at this, by my fellow
11:05:45AM And one of them was Charlotte, which approved the, without
11:05:51AM Council permission, went ahead.
11:05:52AM But we don't know the whole story.
11:05:54AM We don't know if they have already regulated what's going to
11:05:57AM happen afterwards.
11:05:58AM That's the part we do not know.
11:06:00AM Other thing I will bring up is that when I think about it,
11:06:03AM you know, as far as camera surveillance, that ship has
11:06:08AM Every person every parking lot in every -- now it is
11:06:16AM private, but there are cameras everywhere.
11:06:19AM So, as far as that's concerned.
11:06:21AM The other thing I want to bring up, yes, I would like to see
11:06:25AM I do agree with Councilmember Cohen, that we have the
11:06:28AM opportunity at the point of approving the expenses for
11:06:31AM maintenance and to bring forth later on an ordinance.
11:06:36AM The other thing I want to bring up is to think about, that
11:06:39AM cameras in our downtown area may bring more nightlife to
11:06:44AM People feeling safer in their downtown area.
11:06:48AM Knowing that there are cameras there.
11:06:52AM Many people know when they go to parking, to big box stores,
11:06:58AM there's cameras there.
11:06:59AM So, I just want to bring a few of those things up.
11:07:05AM But I also would like to see us look at before they are
11:07:10AM moved or relocated for to us look at it.
11:07:13AM But I can approve this purchase today.
11:07:16AM >> Thank you, ma'am.
11:07:17AM >>CHARLIE MIRANDA: Thank you, I agree with what's been said
11:07:19AM and disagree with what's been said.
11:07:21AM How do you like that?
11:07:23AM Because these are two every that don't even mix each other.
11:07:27AM One is the purchase of the amount of money to purchase the
11:07:30AM Other is what's the future use of these cameras?
11:07:33AM We have no proposal on that we have nothing on this table.
11:07:35AM Although the cameras were purchased for the intersection
11:07:39AM uses and evidently have been successful.
11:07:41AM And I voted against those cameras.
11:07:44AM That means that, to the time that the city makes a decision,
11:07:48AM what are they going to do with the cameras after?
11:07:51AM Whether it was one camera, five cameras, 20 cameras or
11:07:54AM Where are they going to be placed?
11:07:56AM How is it going to be handle and who's going to make the
11:07:59AM All that's not even discussed here because it's not part of
11:08:02AM This is the purchase of the equipment that we need for the
11:08:05AM And it may be purchased for other conventions and left in
11:08:08AM I don't know.
11:08:09AM But, I heard no one say that they were opposed to the
11:08:15AM approving of the purchase, except one.
11:08:17AM But the ACLU said they weren't opposed to the purchase of
11:08:21AM the camera.
11:08:22AM Only the future use of the cameras.
11:08:24AM That's what I heard earlier.
11:08:25AM Now, so, there's where we're at.
11:08:28AM You sat and spoke to I believe every Councilmember,
11:08:32AM explained to every Councilmember.
11:08:35AM You had the meeting with everybody in the open air, and then
11:08:38AM they come here and say oh, you know what?
11:08:41AM This is against the law, because it doesn't meet rule 7.
11:08:44AM Let me tell about rule 7.
11:08:46AM It's between 6 and 8.
11:08:49AM Because when they were here, it was the same thing happened.
11:08:54AM You and I discussed this at length about putting it on the
11:09:00AM I asked to you speak to the comes up, which you did a
11:09:03AM thorough job of.
11:09:04AM And we spent a good hour, and that's fine, discussing this
11:09:07AM item today.
11:09:08AM And it is for the benefit of the general public, because
11:09:15AM this city is going to have an input of people coming from
11:09:21AM all over the world, of all different idealisms, of all
11:09:25AM different colors, all different heights, all different
11:09:27AM weights, of all different ideology, you need what you need
11:09:32AM because you've done your research on different areas of the
11:09:35AM cities of this great country, that these cities have had
11:09:39AM conventions on.
11:09:40AM You know it's happening.
11:09:42AM One mention city, I'm not going to mention in North
11:09:44AM Carolina, they don't meet with anybody.
11:09:46AM [ Laughter ]
11:09:47AM >>CHARLIE MIRANDA: And that's the one that Tampa quotes all
11:09:49AM the time.
11:09:49AM Boy, that's a model city.
11:09:52AM Well, that might be a model city on paper.
11:09:55AM But this discussion we're having today is never happening in
11:09:58AM that city because they put in the city managers.
11:10:00AM They hide it away and say do you what you want with it.
11:10:04AM There's no vote taken.
11:10:05AM There's no discussion.
11:10:06AM There's nothing.
11:10:07AM Wide openly, we're discussing it today.
11:10:09AM There will be more news on this today at every news --
11:10:12AM you'll be -- by the way, I'd like to see a couple more of
11:10:16AM them deals you have here on your lapel here, them stars only
11:10:19AM shine two.
11:10:20AM You should have four.
11:10:21AM >> The two that I have are pretty heavy.
11:10:23AM [ Laughter ]
11:10:25AM >>CHARLIE MIRANDA: You're a pretty strong person.
11:10:26AM So what I'm saying is, we're mixing up the purchase of this
11:10:29AM equipment with what's going to happen in the future of
11:10:33AM anything, I agree with the ordinance, I agree with the
11:10:37AM resolution, but let the administration, they have no plan.
11:10:40AM They cannot keep these cameras pass a certain date.
11:10:44AM What is the drop dead date after the convention that these
11:10:47AM cameras that the contract ends?
11:10:50AM >> The contract with the vendor will end at the end of the
11:10:56AM And the city will own the system, but there is a maintenance
11:11:00AM cost to it.
11:11:01AM So there are a lot of decisions that need to be made and can
11:11:03AM be made in the future.
11:11:06AM >>CHARLIE MIRANDA: And that's what I'm saying.
11:11:07AM So I'm going to go to Mr. Led dic and then Ms. Montelione.
11:11:12AM >>FRANK REDDICK: Thank you, Mr. Chair.
11:11:14AM I'm going to move the resolution approving the agreement
11:11:18AM between the city of it and.
11:11:22AM >>CHARLIE MIRANDA: Motion reply Mr. Reddick, second by
11:11:24AM Mr. Suarez, I have Ms. Montelione and Ms. Mulhern.
11:11:30AM >>LISA MONTELIONE: I support the resolution, but it didn't
11:11:32AM contain way initially proposed, when I brought up the
11:11:37AM And that would be to move the resolution for purchase and
11:11:42AM bring a draft ordinance forward to us for use in
11:11:46AM regulation -- how did I put it before?
11:11:51AM The use, regulation and warrant deployment of cameras within
11:11:56AM the city limits of the City of Tampa.
11:11:58AM So I would ask Mr. Reddick to amend his resolution for
11:12:04AM provide, for Council to entertain a workshop on
11:12:08AM September 20th for discussion of a draft ordinance.
11:12:12AM >>CHARLIE MIRANDA: That was September 20th?
11:12:15AM >>LISA MONTELIONE: Yes.
11:12:15AM September 20th.
11:12:17AM 9:00 a.m.
11:12:19AM >>CHARLIE MIRANDA: Go on Mr. Reddick.
11:12:22AM >>FRANK REDDICK: I just want to be clear of the substitute.
11:12:24AM A draft, a workshop to discuss?
11:12:28AM >>LISA MONTELIONE: I would like to make part of the motion
11:12:30AM to approve the cameras that we have the workshop on the
11:12:33AM 20th of September at 9:00 a.m., to discuss a draft ordinance
11:12:38AM for the regulation of the deployment, location and warrant
11:12:45AM for use of cameras post RNC.
11:12:48AM >>CHARLIE MIRANDA: That's a workable thing, Mr. Red deck.
11:12:50AM I'm not trying to interfere, but with what we all discussed
11:12:53AM to ferret out, clean your sheets and bed spreads an
11:12:57AM everything else in the open public.
11:12:59AM That's what we're here for.
11:13:00AM We're not that other city in North Carolina.
11:13:02AM >>FRANK REDDICK: I accept that.
11:13:03AM >>CHARLIE MIRANDA: I have a motion by -- Ms. Mulhern?
11:13:07AM >>MARY MULHERN: Thank you, Mr. Chairman.
11:13:08AM A couple of things, Mr. Shelby, are we -- what resolution
11:13:12AM are we moving?
11:13:14AM And does it need to be read?
11:13:18AM >>MARTIN SHELBY: Resolution normally does not have to be
11:13:21AM You have the exact resolution, you're clear on it.
11:13:26AM >>CHARLIE MIRANDA: We're moving the resolution discussing
11:13:27AM the purchase.
11:13:29AM >>MARY MULHERN: Right.
11:13:30AM We are moving resolution approving a contract, right?
11:13:35AM Is that correct?
11:13:36AM Who is the contract with?
11:13:38AM This the Safeware.
11:13:41AM >> Aware digital.
11:13:43AM >>MARY MULHERN: Do I have that backup somewhere?
11:13:46AM >> It's on the addendum.
11:13:48AM >>MARY MULHERN: The addendum is a sheet of paper.
11:13:51AM >> Mean the resolution itself?
11:13:53AM >>MARY MULHERN: Resolution and the contract.
11:13:54AM Normally if we're approving a resolution for the contract,
11:13:57AM we have the backup.
11:13:58AM Do we have it?
11:13:59AM >> They were delivered tower offices.
11:14:04AM >>MARY MULHERN: I'm confused because I've got both -- there
11:14:07AM were two different RNC things today.
11:14:10AM So, we have got the Safeware, that's the equipment, right?
11:14:14AM >> Correct.
11:14:15AM >>MARY MULHERN: So the other thing is Aware Digital.
11:14:18AM Maybe this was it.
11:14:25AM No, this is old.
11:14:27AM I don't know.
11:14:28AM This is my problem with it.
11:14:29AM We're approving a resolution that was not on the agenda.
11:14:32AM We didn't have any really public notice.
11:14:36AM The chief did speak with me, but we only had a few minutes.
11:14:39AM So I didn't really have time to even formulate my question.
11:14:42AM So, this is my problem with voting for this resolution.
11:14:49AM We -- we can hope -- we're talking about a purchase,
11:14:55AM $2 million purchase of camera equipment to use for two
11:14:58AM We are then going to own it.
11:15:01AM Like other cities that have done this for major conventions,
11:15:05AM they end up keeping it, keeping those in place.
11:15:08AM And then they are under a system of public surveillance.
11:15:11AM The ship hasn't sailed in Tampa for public surveillance.
11:15:15AM Yes, there's a lot of private surveillance on private
11:15:20AM We do not have this in place.
11:15:22AM So, unless we can include in the resolution that we are
11:15:26AM passing today, the date, a start and end date for the use of
11:15:30AM these cameras, we are putting these in place.
11:15:34AM And this is how it happens.
11:15:36AM This is how it's happened in all these other cities.
11:15:39AM So I would like to ask that we -- if it's in the resolution,
11:15:44AM I don't think it is.
11:15:46AM When it says an effective date, what does that mean,
11:15:50AM Mr. Shelby?
11:15:51AM >>MARTIN SHELBY: It means, that means you're authorizing the
11:15:54AM mayor to sign this contract effective as of the passage of
11:15:58AM the resolution.
11:16:00AM >>MARY MULHERN: How can we put in the resolution that this
11:16:04AM purchase, the use and the purchase of this equipment will
11:16:08AM only be for the time of the convention?
11:16:13AM >>MARTIN SHELBY: Next to the resolution is the master
11:16:15AM And I believe --
11:16:17AM >> The times are included in the contract.
11:16:20AM >>MARY MULHERN: Can I see that?
11:16:21AM Where is it?
11:16:22AM >>MARTIN SHELBY: I don't know whether this has been
11:16:24AM distributed to Council.
11:16:25AM But the clerk does have the copy of it.
11:16:27AM >>MARY MULHERN: Well, could someone find that for me and
11:16:29AM tell me where the dates are?
11:16:32AM Okay, I'm going to speed read this.
11:16:49AM >>MARY MULHERN: I don't see any dates in there.
11:16:51AM And we add the dates?
11:16:53AM >>CHARLIE MIRANDA: May I say one thing.
11:16:55AM Let me see what this resolution says.
11:16:57AM It says clearly for the use by the police department during
11:17:00AM the Republican national convention.
11:17:02AM Semi colon, that means --
11:17:06AM >>MARY MULHERN: I'd like to propose then that we add after
11:17:11AM During the Republican national convention only.
11:17:14AM Or the dates of the Republican national convention only.
11:17:19AM We're opening the door here and I want to see some limits on
11:17:29AM >>CHARLIE MIRANDA: I had Mr. Reddick speak.
11:17:31AM Ms. Mulhern and Ms. Montelione, have you spoken in I got
11:17:34AM Ms. Capin.
11:17:35AM Ms. Capin?
11:17:36AM >>YVONNE CAPIN: Yeah, maybe the amendment could be another,
11:17:40AM you know, friendly amendment, stating that the cameras
11:17:43AM cannot be moved or relocated from present location without
11:17:47AM Council approval and limit use to RNC convention and
11:17:52AM thereafter, bring forth set regulations to further use of
11:18:00AM >> You know, I'm -- I'm befuddled at all this stuff, no
11:18:04AM other resolution that I've ever been with says all these --
11:18:09AM it's already in this thing, during the Republican national
11:18:14AM Unless this convention is going to last for 20 years, I
11:18:18AM don't know what else to say.
11:18:20AM >>FRANK REDDICK: Mr. Chair as well, addendum to the motion
11:18:24AM has stated we're going to have a workshop --
11:18:28AM >>CHARLIE MIRANDA: December 20th.
11:18:30AM >>FRANK REDDICK: All the spaces we have been assessed.
11:18:33AM I call for the question.
11:18:34AM >>CHARLIE MIRANDA: Have call for the question that the
11:18:36AM motion made by Mr. Reddick, if I remember, second by
11:18:39AM Mr. Suarez, on an amendment by Ms. Montelione that
11:18:43AM September 20, we come back and the setting and discuss the
11:18:48AM And that's what my memory tells me how it came about.
11:18:51AM So, the question has been called for.
11:18:54AM And let's go with the vote.
11:18:57AM All in favorite resolution passing, I'm going to ask Mr. Red
11:19:03AM deck to read it.
11:19:04AM If I may.
11:19:05AM Just so it clarifies the mind setting of whatever doubts we
11:19:11AM >>FRANK REDDICK: A resolution approving a master agreement
11:19:13AM between the City of Tampa and Aware Digital, incorporation,
11:19:17AM for the provision of the downtown Tampa closed circuit
11:19:19AM television, CCTF system, in the estimated amount of
11:19:32AM 16 whatever that means.
11:19:41AM >>CHARLIE MIRANDA: Just for the record, $1,999,987.16.
11:19:52AM >> For the use by the Tampa Police Department during the
11:19:55AM national, Republican national convention, authorizing mayor
11:19:57AM to execute said agreement, providing an effective date.
11:20:00AM >>CHARLIE MIRANDA: And with the amendment added to it by
11:20:03AM Ms. Montelione, for September 20th.
11:20:05AM All in favor of that motion, please indicate by saying aye.
11:20:10AM Opposed nay?
11:20:11AM Motion passes 6-1.
11:20:12AM Thank you all very much.
11:20:14AM Thank you, chief.
11:20:15AM >> Thank you.
11:20:16AM >>CHARLIE MIRANDA: And appreciate all the hard work you're
11:20:18AM Thank you for the declining and climb during these difficult
11:20:22AM You and the department.
11:20:23AM Right now, the other resolution that we have, in this area
11:20:27AM is an agreement, since we are talking about police and so
11:20:29AM forth, I'm going to ask Mr. Suarez if he wouldn't mind
11:20:33AM moving the resolution source sore I move the resolution.
11:20:36AM >> Second.
11:20:37AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez and the
11:20:39AM resolution between the City of Tampa and the Florida service
11:20:42AM association for cooperative purchasing agreements.
11:20:47AM Motion by Mr. Suarez, second by Mr. Reddick, further
11:20:49AM discussion for Councilmembers?
11:20:51AM All in favor of the motion please indicate by saying aye.
11:20:54AM The ayes have it unanimously.
11:20:56AM Thank you very much.
11:20:56AM All right.
11:20:57AM We go to ordinances for presented for first reading, which
11:21:03AM items 4 through 7.
11:21:05AM Ms. Montelione, I'd like to open the -- these ordinances
11:21:16AM although open the floor, anyone, these ordinances I need a
11:21:20AM motion to open four through seven.
11:21:23AM >> Motion by Mr. Montelione, second by Mr. Suarez.
11:21:26AM All in favor of the please indicate by saying aye.
11:21:28AM The ayes have it unanimously.
11:21:30AM Anyone in the audience care to speak on the first reading
11:21:33AM item number four?
11:21:34AM I see no one.
11:21:35AM Need a motion.
11:21:36AM >> Motion to close.
11:21:38AM >>CHARLIE MIRANDA: Mr. Suarez, second by Mr. Cohen, all in
11:21:40AM favor of the motion please indicate by saying aye.
11:21:42AM The ayes have it unanimously.
11:21:42AM Ms. Montelione, will you kindly take number four?
11:21:46AM >>LISA MONTELIONE: I present an ordinance for first reading
11:21:47AM and conditions, an ordinance for the City of Tampa, Florida
11:21:50AM amending City of Tampa code of ordinances, chapter 15,
11:21:53AM parking, section 15-104, residential parking permit only
11:21:57AM area; repealing all ordinances or parts of ordinances in
11:22:00AM conflict therewith; providing an effective date.
11:22:04AM >> Second.
11:22:05AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione second
11:22:07AM bring Suarez.
11:22:08AM Further discussion by Councilmembers?
11:22:10AM All in favor of the motion please indicate by saying aye.
11:22:11AM Opposed nay?
11:22:13AM The ayes have it unanimously.
11:22:16AM >> Second reading of the ordinance will be held
11:22:18AM March 15th at 9:30 a.m.
11:22:21AM >>CHARLIE MIRANDA: Item number five.
11:22:22AM Anyone like to speak on item number five? I see no one.
11:22:29AM All in favor of the motion, please indicate by saying aye.
11:22:31AM The ayes have it unanimously.
11:22:31AM Mr. Cohen, will you kindly take number five?
11:22:34AM >>HARRY COHEN: Thank you, Mr. Chair.
11:22:35AM I move an ordinance being presented for first reading
11:22:38AM consideration, an ordinance of the City of Tampa, Florida,
11:22:40AM amending City of Tampa code of ordinances, chapter 15,
11:22:43AM parking, section 15-125, penalties for failure to appear or
11:22:48AM to pay fines as directed by the court; amending said section
11:22:52AM to comply with the state department of motor vehicle
11:22:56AM regulations, repealing all ordinances or parts of ordinances
11:22:58AM in conflict therewith; providing an effective date.
11:23:01AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by
11:23:04AM Mr. Suarez.
11:23:05AM All in favor of that motion, please indicate by saying aye.
11:23:07AM Opposed nay?
11:23:09AM The ayes have it unanimously.
11:23:09AM Item number 6, anyone in the audience care to speak on 6?
11:23:13AM Motion to close?
11:23:14AM >>CHARLIE MIRANDA: Motion to close by Mr. Suarez, second by
11:23:17AM Ms. Mulhern.
11:23:18AM Further discussion?
11:23:18AM All in favor of the motion, please indicate by saying aye.
11:23:20AM Opposed nay.
11:23:21AM The ayes have it unanimously.
11:23:22AM Ms. Mulhern, would you kindly take number 6.
11:23:25AM >>MARY MULHERN: Thank you, Mr. Chair.
11:23:26AM I move an ordinance amending ordinance number 2011-107,
11:23:29AM passed an ordained by the City Council of the City of Tampa,
11:23:33AM on September 1st, 2011, correcting a scrivener's error by
11:23:38AM providing exhibits a, B, C and D for section 27-463,
11:23:43AM Westshore overlay district development standards, repealing
11:23:49AM all ordinances or parts of ordinances in conflict therewith;
11:23:51AM providing for severability; providing an effective date.
11:23:52AM >>CHARLIE MIRANDA: Motion by Ms. Mulhern.
11:23:55AM All in favor of the motion please indicate by saying aye.
11:23:57AM Opposed nay?
11:23:58AM The ayes have it unanimously.
11:23:58AM Item number 7.
11:23:59AM >> Second reading of the ordinance will be held March the
11:24:01AM 15th at 9:30 a.m.
11:24:04AM >>CHARLIE MIRANDA: Anyone in the audience care to speak on
11:24:06AM item 7?
11:24:07AM I see no one.
11:24:08AM Motion to close bring Suarez, second by Mulhern.
11:24:11AM Further discussions?
11:24:13AM All in favor please indicate by saying aye.
11:24:15AM The ayes have it unanimously.
11:24:15AM Mr. Reddick, would you take number seven?
11:24:19AM >>FRANK REDDICK: I move ordinance being presented for first
11:24:21AM reading consideration, ordinance amending ordinance 2011-146
11:24:27AM passed and ordained by the City Council of City of Tampa on
11:24:32AM December 1st, 2011, correcting a scrivener's error by
11:24:37AM substituting a corrected legal description for the previous
11:24:39AM legal description that provided in error, providing for
11:24:42AM severability, providing an effective date.
11:24:43AM >>CHARLIE MIRANDA: Motion by Mr. Red deck, seconded by
11:24:48AM Mr. Suarez.
11:24:48AM All in favor of the motion, please indicate by saying aye.
11:24:50AM Opposed thy.
11:24:52AM The ayes have it unanimously.
11:24:53AM >> Second reading. Ordinance will be held March 15th at
11:24:55AM 9:30 a.m.
11:24:56AM >>CHARLIE MIRANDA: Go to economy reports, public safety
11:24:59AM Mr. Frank Reddick.
11:25:01AM >>FRANK REDDICK: Move items 8 through 9.
11:25:04AM >>CHARLIE MIRANDA: Mr. Reddick moved 8 through 9, second by
11:25:07AM Ms. Mulhern.
11:25:08AM All in favor of the motion please indicate by saying aye.
11:25:10AM The ayes have it unanimously.
11:25:12AM Parks, recreation, cultural committee.
11:25:17AM >>MARY MULHERN: I move items 10 through 21.
11:25:20AM >> Motion by Ms. Mulhern, second by Mr. Reddick.
11:25:23AM All in favor of the motion please indicate by saying aye.
11:25:25AM Opposed nay.
11:25:26AM The ayes have it unanimously.
11:25:29AM >>CHARLIE MIRANDA: Public works committee, Mike Suarez.
11:25:32AM >>MIKE SUAREZ: I move items 22 and 24 through 28, 23 has
11:25:41AM been removed.
11:25:43AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
11:25:45AM Ms. Mulhern.
11:25:46AM Further discussion?
11:25:47AM All in favor of the motion, please indicate by saying aye.
11:25:48AM Opposed nay.
11:25:49AM The ayes have it unanimously.
11:25:50AM Finance committee chair, Mr. Harry Cohen.
11:25:54AM Well, we're waiting on Mr. Cohen for one second here.
11:25:59AM We'll go to.
11:26:09AM >>CHARLIE MIRANDA: Finance committee chairman, Mr. Harry
11:26:12AM >>HARRY COHEN: I move items 29 through 33.
11:26:14AM >> Second.
11:26:15AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
11:26:17AM Mr. Suarez.
11:26:18AM Further discussion?
11:26:19AM All in favor of the motion please indicate by saying aye.
11:26:22AM The ayes have it unanimously.
11:26:22AM Building, zoning and preservation committee, Ms. Lisa
11:26:30AM >>LISA MONTELIONE: I move for approval items 34 through 44.
11:26:34AM >> Motion by Mrs. Montelione, second by Mr. Reddick.
11:26:40AM All in favor of that motion, please indicate by saying aye.
11:26:42AM Opposed nay?
11:26:44AM The ayes have it unanimously.
11:26:44AM Transportation committee, Ms. Yvonne Yolie Capin.
11:26:49AM >>YVONNE CAPIN: Thank you, Mr. Chair.
11:26:50AM I move item 45.
11:26:56AM >>CHARLIE MIRANDA: All in favor, please indicate by saying
11:26:58AM The ayes have it unanimously.
11:26:58AM I need to set public hearings on items 46.
11:27:01AM >> Mover to open public hearing.
11:27:03AM >>CHARLIE MIRANDA: No, this is to set a public hearing by
11:27:06AM consent -- you did it right.
11:27:10AM It's to set a public hearing for April 12th on item 46.
11:27:15AM >> So moved.
11:27:16AM >> Second.
11:27:16AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
11:27:18AM Ms. Montelione on 46, set a public hearing on April 12th at
11:27:22AM 5:00 30.
11:27:23AM All in favor of that motion, please indicate by saying aye.
11:27:24AM Opposed nay?
11:27:26AM The ayes have it unanimously.
11:27:26AM Now we go to public hearing, sec reading proposal,
11:27:30AM ordinances items 47 through 275.
11:27:34AM These are nonjudicial proceedings.
11:27:38AM I need to open 47 through 52.
11:27:40AM >> So moved snow motion by Mr. Cohen, second by Mr. Suarez.
11:27:44AM Closed vote.
11:27:45AM Mr. Reddick.
11:27:46AM All in favor of the motion, please indicate by saying aye.
11:27:47AM Opposed nay?
11:27:48AM The ayes have it unanimously.
11:27:49AM Item 47.
11:27:50AM Anyone in the audience care to speak on item number 47?
11:27:54AM I see no one.
11:27:55AM Need a motion to close.
11:27:57AM >> Motion to close.
11:27:58AM >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, seconded
11:28:00AM by Mr. Cohen.
11:28:03AM All in favor of that motion, please indicate by saying aye.
11:28:04AM Opposed nay?
11:28:07AM The ayes have it unanimously.
11:28:07AM Ms. Capin, would you kindly take -- I'm sorry?
11:28:13AM >>CHARLIE MIRANDA: Anyone in the audience care to discuss
11:28:15AM item number 47?
11:28:20AM >>LISA MONTELIONE: Thank you.
11:28:21AM I just had phone calls about item number 47.
11:28:24AM And the, I made some additional phone calls last night, to
11:28:31AM Ms. Brickhouse and Mr. Herald about item number 47.
11:28:35AM I'd like to ask Ms. Brickhouse...
11:28:44AM >> Tonja Brickhouse.
11:28:55AM Good morning.
11:29:01AM >>LISA MONTELIONE: We talked last night about the comparison
11:29:02AM to other cities and what other cities are, or how the City
11:29:09AM of Tampa compares to other cities.
11:29:11AM So, if you could just reiterate for those who are watching
11:29:17AM today, who may have missed the several other times that we
11:29:21AM discussed this item, how we stack up in comparison to other
11:29:28AM municipalities, jurisdictions, surrounding areas, for
11:29:32AM franchise fees for solid waste hauling.
11:29:36AM >>TONJA BRICKHOUSE: As it relates to franchise fees, quite
11:29:39AM frankly, we have got a number of municipalities all around
11:29:41AM us that have been doing franchise fees for a number of
11:29:46AM St. Pete, Clearwater, Temple Terrace, etcetera.
11:29:52AM But the City of Tampa, for some reason, has not.
11:29:55AM >>LISA MONTELIONE: Does Hillsborough County?
11:29:57AM >>TONJA BRICKHOUSE: Hillsborough County does not.
11:29:58AM Hillsborough County under the current contract does not.
11:30:04AM Now, because they're going out with RFP, it remains to be
11:30:07AM seen what's going to happen with that.
11:30:09AM >>LISA MONTELIONE: Okay.
11:30:10AM And what segment of our community does this item affect?
11:30:16AM >>TONJA BRICKHOUSE: The commercial solid waste haulers.
11:30:19AM So if they are providing services for commercial, then it
11:30:22AM would affect that segment.
11:30:24AM If you're concerned about in terms of which -- let me go to
11:30:32AM the ordinance.
11:30:32AM Because I want to make sure I'm clear.
11:30:35AM This applies to any person engaged in the business of
11:30:41AM providing commercial solid waste collection services in the
11:30:46AM The article does not apply if a person collects biomedical
11:30:50AM waste, biological waste, construction and demolition debris,
11:30:56AM hazardous waste, industrial solid waste, recovered
11:30:58AM materials, flood, special waste, white goods, yard trash or
11:31:02AM other materials.
11:31:03AM They will continue to go through the normal permit process.
11:31:08AM >>LISA MONTELIONE: Okay, so some of the, the concerns for
11:31:12AM especially the construction industry was one of those that
11:31:15AM you mentioned.
11:31:16AM The construction industry has suffered a lot of losses.
11:31:22AM They're feeling that they just can't take any increase in
11:31:27AM And under this item 47, for franchise fees, they would not
11:31:31AM be subject to the provision that we're making here today?
11:31:36AM >>TONJA BRICKHOUSE: That is correct.
11:31:37AM It does not apply to construction and demolition.
11:31:39AM >> And you also mentioned yard trash.
11:31:41AM So that would include landscape companies who are --
11:31:45AM >>TONJA BRICKHOUSE: That is correct.
11:31:45AM They would still go through the normal permitting process.
11:31:51AM >>LISA MONTELIONE: All right.
11:31:51AM It's difficult for me, any small business having to pay an
11:31:56AM additional amount on their operating expenses is very
11:32:02AM And you know, we'll be discussing this again at length under
11:32:06AM other items.
11:32:07AM But I just wanted to clarify that for the record.
11:32:10AM Thank you very much, Ms. Brickhouse.
11:32:13AM >>CHARLIE MIRANDA: Any further questions by Councilmembers
11:32:14AM on 47?
11:32:15AM Anyone in the audience care to speak on 47?
11:32:18AM I see no one.
11:32:19AM Need a motion to close.
11:32:22AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
11:32:24AM Mr. Cohen.
11:32:25AM Fall favor of the motion, please indicate by saying aye.
11:32:26AM Opposed nay?
11:32:29AM The ayes have it unanimously.
11:32:29AM Ms. Capin, would you take number 47, please, as substituted?
11:32:37AM >>YVONNE CAPIN: Substitute ordinance being -- this is the
11:32:40AM An ordinance of the City of Tampa, Florida, creating
11:32:42AM article VIII of chapter 26 of the city code pertaining to
11:32:47AM franchises for commercial solid waste collection services,
11:32:50AM defining terms, providing authority, providing for
11:32:53AM applicability, providing requirement for franchise and term
11:32:57AM of franchises, providing general provisions, providing
11:33:02AM application requirements for a franchise, providing basis
11:33:05AM for award of franchise, denial of franchise application,
11:33:10AM provision for suspensions or suspension or revocation of
11:33:14AM franchise, providing right to appeal the denial, suspension,
11:33:22AM provided for suspension or revocation of franchise,
11:33:26AM providing for right to appeal and, appeal the denial
11:33:31AM suspension for revocation of a franchise requirement to
11:33:36AM execute a franchise agreement with the city, authorizing and
11:33:39AM requiring payment of franchise fees, providing bond
11:33:43AM requirements, insurance requirements and requirements for
11:33:47AM books, records and reporting, providing methods of making
11:33:50AM commercial solid waste collections, providing for
11:33:53AM inspections, providing enforcement procedures and legal
11:33:57AM remedies, providing penalties for violations, providing for
11:34:01AM repeal of all ordinances in conflict, providing an effective
11:34:08AM >>CHARLIE MIRANDA: Have a motion by Mrs. Capin.
11:34:11AM Seconds by Mr. Suarez.
11:34:12AM Any furs discussion by Councilmembers?
11:34:14AM This is the second reading, so roll call vote and record.
11:34:26AM >>THE CLERK: Motion carried with Mulhern being absent at
11:34:30AM >>CHARLIE MIRANDA: I have one item here.
11:34:31AM Item number 48.
11:34:33AM Anyone in the audience care to speak on item number 48?
11:34:39AM >> Motion to close.
11:34:40AM >>CHARLIE MIRANDA: Motion to close by Mr. Cohen.
11:34:43AM Fall favor of the motion, please indicate by saying aye.
11:34:45AM Opposed nay.
11:34:46AM The ayes have it unanimously.
11:34:46AM Mr. Suarez, would you take number 48?
11:34:51AM >>MIKE SUAREZ: Thank you, Mr. Chair.
11:34:53AM Ordinance being presented for second reading and adoption.
11:34:56AM An ordinance of the City of Tampa, Florida, pertaining to
11:34:58AM the amendments to chapter 26, City of Tampa utilities
11:35:01AM ordinance, article I, administrative provisions, section
11:35:04AM 26-5 paren 4, administrative authority.
11:35:12AM Providing for repeal of all ordinances in conflict,
11:35:13AM providing an effective date.
11:35:17AM >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by
11:35:18AM Mr. Cohen.
11:35:19AM Any further discussion by Councilmembers?
11:35:21AM Vote and record.
11:35:33AM >>CHARLIE MIRANDA: We're going to revote.
11:35:41AM >> Vote and record.
11:35:50AM >>THE CLERK: Motion carried with Reddick voting no and
11:35:53AM Montelione being absent at vote.
11:35:54AM >>CHARLIE MIRANDA: Okay.
11:35:55AM I'm going to have to leave.
11:35:57AM Leave in the capable hands of Ms. Mary Mulhern.
11:36:02AM >>MARY MULHERN: Item number 49.
11:36:04AM Anyone wish to speak on item number 49?
11:36:12AM >> Motion to close.
11:36:14AM >> Second.
11:36:15AM >>MARY MULHERN: All in favor?
11:36:16AM Councilmember Suarez?
11:36:24AM >>MIKE SUAREZ: I move an ordinance being presented for
11:36:26AM second reading and adoption.
11:36:28AM An ordinance of the City of Tampa, Florida, relating to
11:36:30AM general corrections, making revisions to city of Tampa code
11:36:32AM of ordinances, chapter 2, zoning, amending section 27-98,
11:36:38AM permitted projections into required yards, amending section
11:36:43AM 27-132, solid waste, amending section 27-323, review
11:36:50AM proceed, amending section 27-325, RO, RO-1 and CN districts,
11:36:58AM repealing all ordinances or parts of ordinances in conflict
11:36:58AM therewith; providing for severability; providing an
11:37:01AM effective date.
11:37:07AM >>MARY MULHERN: Motion made by Councilmember Suarez.
11:37:10AM Seconded by Councilmember Capin.
11:37:12AM Please vote and record.
11:37:20AM >>THE CLERK: Motion carried with Miranda being absent at
11:37:28AM >>MARY MULHERN: Item number 50.
11:37:30AM Is there anyone wishing to speak on item number 50?
11:37:33AM Councilwoman Montelione, could you read that?
11:37:40AM >> Motion to close.
11:37:41AM >>MARY MULHERN: Sorry.
11:37:43AM >>MARY MULHERN: All in favor?
11:37:47AM >>LISA MONTELIONE: I present an ordinance for second reading
11:37:49AM and adoption, an ordinance of the City of Tampa, Florida,
11:37:51AM relating to nonconformities, making revisions to, revisions
11:37:57AM to City of Tampa code of ordinances, Chapter 27, zoning,
11:38:00AM amending section 27-292, intent concerning nonconformities
11:38:08AM generally amending section 27-297, nonconforming uses of
11:38:12AM major structures or structures and premises in combination,
11:38:16AM repealing all ordinances or parts of ordinances in conflict
11:38:16AM therewith; providing for severability; providing an
11:38:20AM effective date.
11:38:20AM Ism motion made by Councilwoman Montelione, connected by
11:38:26AM Councilmember Cohen.
11:38:27AM Please vote and record.
11:38:41AM >>THE CLERK: Motion carried with Miranda and Reddick being
11:38:43AM absent at vote.
11:38:46AM >>MARY MULHERN: Item number 51.
11:38:51AM >> Good morning, Catherine Coyle, land development.
11:38:53AM Planning division, sorry.
11:38:55AM We changed divisions.
11:38:58AM [ Laughter ]
11:38:59AM >>CATHERINE COYLE: It's only been a couple days.
11:39:01AM I do have a substitute ordinance, I inadvertently left in
11:39:04AM two words that, certain section.
11:39:09AM The old section C and moved it to A.
11:39:11AM I meant to strike the two words security in this last ten
11:39:15AM tense -- sentence that referenced security because we added
11:39:18AM percent nearly requirements.
11:39:20AM It's a scrivener's error basically.
11:39:23AM I'm going to submit this back for first reading.
11:39:26AM If you could read it for first reading.
11:39:30AM >>MARY MULHERN: Anyone wishing to speak on item number 51 [.
11:39:37AM >> Motion to close.
11:39:37AM >> Second.
11:39:38AM >>MARY MULHERN: All in favor?
11:39:46AM >>THE CLERK: Motion carried with Reddick and Miranda being
11:39:49AM absent at vote.
11:39:50AM >>MARY MULHERN: We just closed the public hearing.
11:39:56AM >> We have substitute ordinance.
11:40:01AM >> Thank you, I move an ordinance for first reading
11:40:03AM consideration, an ordinance of City of Tampa, Florida,
11:40:06AM relating to parking lot personnel requirements in Ybor City,
11:40:10AM making revisions to City of Tampa code of ordinances,
11:40:13AM Chapter 27, zoning, amending section 27-180, alternative
11:40:20AM parking requirements, repealing all ordinances or parts of
11:40:24AM ordinances in conflict therewith; providing for
11:40:25AM severability; providing an effective date.
11:40:29AM >> Second.
11:40:30AM >>MARY MULHERN: Motion made by Councilmember Cohen.
11:40:33AM Seconded by Councilmember Suarez.
11:40:35AM All in favor, please vote -- please vote and record.
11:40:40AM Just vote.
11:40:41AM All in favor?
11:40:42AM Anyone opposed?
11:40:45AM >> The second reading of the ordinance will be held March
11:40:48AM the 15th at 9:30 a.m.
11:40:50AM And the vote was Reddick and Miranda being absent at vote.
11:40:58AM >>MARY MULHERN: Item number 52.
11:40:59AM Anyone wishing to speak on item number 52?
11:41:06AM Motion to close?
11:41:09AM >> Second.
11:41:10AM >>MARY MULHERN: Motion by Councilmember Suarez, seconded by
11:41:14AM Councilwoman Montelione.
11:41:15AM All in favor?
11:41:17AM Councilwoman Capin, could you read item 62?
11:41:22AM >>YVONNE CAPIN: Yes.
11:41:22AM Thank you, Madam Chair.
11:41:24AM An ordinance being presented for second reading.
11:41:28AM An ordinance of the City of Tampa, Florida relating to
11:41:31AM parking lots in central business district making revisions
11:41:34AM to City of Tampa code ordinances, Chapter 27, zoning,
11:41:38AM amending section 27-438, official schedule of permitted
11:41:44AM principal, accessory and special uses, amending section
11:41:47AM 27-441, development design regulations, amending section
11:41:52AM 27-442, parking requirements, repealing all ordinances or
11:41:57AM parts of ordinances in conflict therewith; providing for
11:41:58AM severability; providing an effective date.
11:42:06AM >> Second.
11:42:07AM >>MARY MULHERN: Motion to adopt made by Councilwoman Capin,
11:42:11AM seconded by Councilmember Cohen.
11:42:13AM Please vote and record.
11:42:22AM >>THE CLERK: Motion carried with Reddick and Miranda being
11:42:24AM absent at vote.
11:42:32AM >>MARY MULHERN: We will move on to public hearings, 53
11:42:37AM through 59.
11:42:39AM Got a motion to open those?
11:42:42AM >> Motion to open the public hearings.
11:42:43AM >> Second.
11:42:44AM >>MARY MULHERN: All in favor?
11:42:48AM >> I'm sorry to interrupt.
11:42:53AM Items 53 through 59 are quasi-judicial.
11:42:57AM I'd ask if anybody intends to speak that they be sworn.
11:43:00AM Number two, that Council receive and file any items that
11:43:03AM have been available for public inspection.
11:43:06AM Be received and filed prior to the vote.
11:43:08AM And third and finally, just reminder regarding any ex parte
11:43:12AM communications, please disclose them.
11:43:14AM Thank you.
11:43:14AM >>MARY MULHERN: Thank you.
11:43:15AM Anyone wishing to speak on items number 53 through 59,
11:43:19AM please stand and be sworn.
11:43:23AM [Oath administered by Clerk]
11:43:29AM >>MARY MULHERN: Item number 53.
11:43:34AM >>THE CLERK: Vote to receive and file.
11:43:37AM >>MARY MULHERN: Motion made by Councilmember Suarez, all in
11:43:41AM Anyone opposed?
11:43:45AM >> Items 53 and 54, zoning administrator, has satisfied the
11:43:50AM I'm here to answer any questions.
11:44:00AM >>MARY MULHERN: Is there anyone wishing to speak on item
11:44:02AM number 53?
11:44:10AM >> Good morning, Madam Chair.
11:44:11AM It's morning this time around.
11:44:14AM Al Steenson, president of the civic association.
11:44:19AM Address 4100 west Leland Avenue, Tampa, Florida.
11:44:24AM I have unfortunately was not able to be here for the first
11:44:27AM I have reviewed the video and our representative, Mr. Booker
11:44:32AM I think plained it very clearly.
11:44:34AM Our objections to the waivers and so forth, so I'm not going
11:44:38AM to rehash that.
11:44:39AM What I would like to focus on is what we feel are some
11:44:46AM sections into 27-269, items three and five on page 38 and 39
11:44:54AM of the backup documents, which discuss the general
11:44:59AM standards, this is not a necessity.
11:45:02AM This liquor store is not a necessity.
11:45:05AM It's not compatible with the contiguous property.
11:45:09AM But most importantly, Councilmembers, ladies and gentlemen,
11:45:12AM this sets a precedent.
11:45:15AM If this moves forward, this will be the only package liquor
11:45:21AM sales south of Gandy Boulevard.
11:45:23AM That is setting a precedent.
11:45:27AM It also opens the door for any convenience store in this
11:45:32AM city that has the available funds to come to the city and
11:45:37AM say I want to become a liquor store.
11:45:40AM By letting this go forward, we're opening the door.
11:45:46AM For a lot of other -- this is in our view setting a
11:45:52AM If you check the stats on grids, 186 to 200, which are all
11:45:59AM the grids from Gandy south, you'll find that we have a very,
11:46:02AM very -- we enjoy very low crime rate in relative to the
11:46:06AM city, other parts of the city.
11:46:08AM We feel that this is partially due to the fact that we don't
11:46:12AM have a great many alcohol outlets, whether they be packaged,
11:46:19AM P S-2 or consumption on property.
11:46:22AM And we like, we kind of like it that way.
11:46:24AM We like this low rate.
11:46:27AM So we respectfully ask that those Councilmembers, I note
11:46:31AM that Chairman is not here, to vote to deny this.
11:46:34AM And those that were here at the first hearing on the 16th,
11:46:37AM to kindly reevaluate their vote and let's don't set a
11:46:46AM Thank you very kindly.
11:46:55AM >>MARY MULHERN: Anyone else wishing to speak on this?
11:46:57AM Any questions from Council?
11:47:05AM Oh, I'm sorry.
11:47:11AM >> Hi.
11:47:11AM My name is Dixie liberty.
11:47:13AM I was here a couple weeks ago.
11:47:15AM And I would hope that you would grant this.
11:47:17AM They've already got a 2(APS) license.
11:47:22AM All they're doing is asking for the liquor to come in and it
11:47:25AM is on south Dale Mabry.
11:47:28AM And I would hope that you would grant him this.
11:47:31AM Any questions?
11:47:38AM >>MARY MULHERN: No questions?
11:47:38AM Thank you.
11:47:42AM >> Madam Chair, before we go forward, I was absent at vote
11:47:46AM for this first one.
11:47:47AM I am not prepared to vote on this at this time.
11:47:49AM I know that Councilwoman Montelione, I actually just sent a
11:47:55AM note to my legislative aide to call her here for the vote,
11:47:59AM so that we can move forward.
11:48:03AM >>MARY MULHERN: Do you have questions?
11:48:05AM >>MIKE SUAREZ: Well, again, I don't feel comfortable, you
11:48:07AM know, at this point to go forward with the vote.
11:48:11AM In my mind.
11:48:12AM For me.
11:48:13AM Because I was not here for the first reading.
11:48:18AM >> Mr. Shelby?
11:48:19AM >>MARTIN SHELBY: Well, the options would be to have a second
11:48:24AM public hearing and have the opportunities to have your
11:48:26AM questions answered.
11:48:27AM The other opportunity is with the concurrence of the
11:48:31AM petitioner, to get a continuance, to review the records they
11:48:37AM feel comfortable doing it.
11:48:38AM Under Florida Statutes, absent a declared conflict of
11:48:44AM interest, you are required by law to vote.
11:48:47AM There is no other basis to abstain.
11:48:49AM So those are the options.
11:48:55AM >>MARY MULHERN: So, the only -- the option would be for the
11:48:59AM petitioner to ask for, have a continued second reading?
11:49:07AM >>MARTIN SHELBY: There are two options in this case.
11:49:08AM The option is, this is a second full public hearing, so
11:49:12AM obviously, if Council wishes to go forward and hear the
11:49:16AM evidence again for the benefit of the absent members,
11:49:20AM barring that -- and of course, those people who were, who
11:49:26AM are here at the first public hearing and are not here now,
11:49:30AM would not have the benefit of giving Council the evidence
11:49:33AM that was heard the first time around.
11:49:35AM Other option would be to continue it to allow Councilmembers
11:49:38AM who were absent, the opportunity to review the record, to be
11:49:41AM able to prepare questions that might be raised during a
11:49:45AM second public hearing.
11:49:47AM >>MARY MULHERN: Councilwoman Capin?
11:49:50AM >>YVONNE CAPIN: Point of clarification.
11:49:51AM To continue it would be with, to ask the petitioner to agree
11:49:55AM to continue it?
11:49:57AM Or did I understand -- misunderstand?
11:50:04AM >>MARTIN SHELBY: Well, if it's Council's desire to have a
11:50:06AM continuance for the benefit of the hearing, we could see if
11:50:10AM the petitioner wishes to agree to it.
11:50:12AM That would be the cleanest way to have it on the record to
11:50:14AM have it with the petitioner's assent to agree.
11:50:18AM If Councilmembers are not prepared to vote, just as in the
11:50:21AM past, under the old rule 4-C when you were the deciding vote
11:50:26AM and you had not had an opportunity to review the record, we
11:50:30AM would ask it to be continued to allow you that opportunity
11:50:34AM if you didn't.
11:50:34AM It is problematic when you are basing your decision,
11:50:38AM obviously, not having had the evidence that is necessary for
11:50:42AM you to make your decision.
11:50:45AM >>MARY MULHERN: Councilmember Suarez?
11:50:48AM >>MIKE SUAREZ: Mr. Shelby, this begs the question.
11:50:50AM Abstaining versus not being here, you know, the difference
11:50:53AM between that if I stepped out right now and they did a vote,
11:50:56AM it's going to have the same result as it was during the
11:50:59AM first reading, correct?
11:51:03AM >>MARTIN SHELBY: Technically, yes.
11:51:04AM Except for the fact that if you consciously and
11:51:07AM intentionally remove yourself from a Council chambers with
11:51:11AM the intention of not voting, that in effect, affects -- is
11:51:17AM the same effect and therefore it is the same intent and
11:51:19AM therefore, it is the same issue.
11:51:26AM >>MIKE SUAREZ: I apologize for this coming up.
11:51:28AM You know, I am the Nexus for this particular problem, so I
11:51:33AM >>MARY MULHERN: I think we have -- hear from Mr. Cohen, but
11:51:36AM we have six Councilmembers here.
11:51:38AM I don't think there's any reason why we can't vote.
11:51:41AM Councilmember Cohen?
11:51:43AM >>HARRY COHEN: I was just going to ask if the petitioner,
11:51:45AM had any -- since the Councilmember asked --
11:51:53AM >> I know last time we had four votes, yes.
11:51:55AM And I would hope that I would continue to get more yes
11:51:58AM I'm fine with that.
11:52:07AM >>YVONNE CAPIN: Does that mean a no to the continuance or
11:52:10AM what does it mean?
11:52:13AM >> I'm not understanding what you're trying to ask.
11:52:15AM >>MARY MULHERN: You're not asking a continuing, are you?
11:52:18AM >> No ma'am.
11:52:22AM >>MARTIN SHELBY: Then Council, I should also point out that
11:52:24AM you are obviously up until this point, able to base your
11:52:28AM evidence on the base your decision on testified that's in
11:52:31AM the record, including the staff report, which you all have
11:52:35AM access to as well.
11:52:41AM >>MARY MULHERN: Any questions from Council?
11:52:43AM Can get a motion to close?
11:52:45AM >> Motion to close.
11:52:46AM >> Second.
11:52:47AM >>MARY MULHERN: All in favor?
11:52:48AM What is the pleasure of Council?
11:52:52AM >> Madam Chair, I'll move to approve item number 53.
11:52:56AM >> Second.
11:52:57AM >>MARY MULHERN: Need to read the ordinance.
11:53:00AM >> I move an ordinance being presented for second reading,
11:53:05AM an adoption and ordinance approving an expression use permit
11:53:09AM S-2 for alcoholic beverage sales, small venue, package sales
11:53:13AM off premises consumption only and making lawful the sale of
11:53:16AM beverages regardless of alcoholic content, beer, wine and
11:53:19AM liquor, at or from that certain lot, plot or tract of land
11:53:22AM located at 6117 South Dale Mabry Highway, Tampa, Florida, as
11:53:27AM more particularly described in section 2, that all
11:53:30AM ordinances or parts of ordinances in conflict are repealed;
11:53:35AM providing an effective date.
11:53:37AM >> Second.
11:53:38AM >>MARY MULHERN: Motion made by Councilwoman Montelione.
11:53:41AM Seconded by councilwoman Capin.
11:53:42AM All in favor?
11:53:47AM Vote and record.
11:53:59AM >> Motion carried with Suarez and Reddick voting no.
11:54:02AM And Miranda being absent at vote.
11:54:11AM >>MARY MULHERN: Item number 54.
11:54:13AM Anyone from the public wish to speak on item number 54?
11:54:25AM >>STEVE MICHELINI: Steve Michelini.
11:54:27AM I'm here on behalf of a couple of tenants residing in this
11:54:31AM And due to some issues regarding the approval of their
11:54:37AM particular spaces, we believe that the parking calculations
11:54:41AM are not correct and the occupancies are not shown for the
11:54:46AM current uses.
11:54:46AM Now, the uses still have to go through a process with the
11:54:51AM city, but the waivers and the occupancy calculations are
11:54:55AM going to be affected by this petition.
11:54:57AM I spoke with the owner of the building last night.
11:55:01AM And again this morning.
11:55:02AM And she respectfully requested that the petitioner ask for a
11:55:06AM continuance for two weeks, so that we can determine exactly
11:55:10AM what impact that might have on their site plan and how we
11:55:13AM might adequately address the issues related to occupancy and
11:55:18AM The petitioner is here.
11:55:20AM He was involved with the conversation I had with the owner
11:55:23AM this morning.
11:55:24AM And they did agree at that point that they would abide by
11:55:27AM the requests for the two week continuance.
11:55:29AM You can certainly hear from the petitioner on their own
11:55:34AM But toner of the building and the other tenants are
11:55:36AM respectfully requesting that this be continued for two weeks
11:55:39AM to address site plan issues.
11:55:45AM >>MARY MULHERN: Councilmember Cohen?
11:55:47AM >>HARRY COHEN: You're asking to continue till March 15th?
11:55:54AM >> Okay.
11:55:56AM >> Madam Chair and Councilmembers, Todd Pressman, PO box 615
11:56:02AM in Palm Harbor.
11:56:02AM I'm here as an agent representing DB's restaurant.
11:56:06AM And demon entertainment, LLC, who one of the owner operators
11:56:12AM of John Caruso, John's here today.
11:56:16AM John has written authorization from the property own your in
11:56:19AM your file to be representing the property owner today.
11:56:21AM As far as we understand, that has not changed.
11:56:23AM Mr. Michelini, my good friend Steve has made you aware there
11:56:30AM are other tenants in this building, which we were made aware
11:56:33AM of after the first hearing.
11:56:34AM We were not aware of them, because has been communicated to
11:56:38AM me from planning and zoning and Joel can speak to this we
11:56:42AM have had a lot of discussions.
11:56:45AM I'm getting an e-mail from Joel, this shows no permanent
11:56:50AM evidence of a plotting stud at the addressed location.
11:56:53AM All the information we have received from the city and
11:56:55AM communication we have received from the city that the
11:56:57AM tenants that Mr. Michelini is referring to, have not been
11:57:02AM approved zoning-wise, as explained to us.
11:57:04AM So, we didn't have them in the count and as far as we
11:57:07AM understand it, I think Joel will speak to it, they wouldn't
11:57:11AM be counted in the parking count.
11:57:15AM My personal opinion is that other tenants are there, and if
11:57:18AM they're not approved, they need to get in line behind my
11:57:21AM clients, DB restaurants and demon entertainment and they
11:57:25AM need to get in line and file for the same waivers, same
11:57:28AM issues that we are.
11:57:30AM That's basically where it stands.
11:57:32AM You have the staff before you, that has a certified site
11:57:36AM plan that's signed off.
11:57:38AM It's been approved.
11:57:39AM You have staff recommendation to move forward.
11:57:41AM The certified site plan was approved this morning.
11:57:45AM That tells you as far as the city is concerned, that the
11:57:48AM parking calculation is correct and we're going with the
11:57:50AM city's information.
11:57:54AM >>MARY MULHERN: Councilwoman Montelione?
11:57:56AM >>LISA MONTELIONE: I appreciate, Mr. Michelini's request and
11:58:02AM Parking is always an issue and different buildings, whether
11:58:09AM it's an office building or most often an retail centers,
11:58:12AM where there's multiple tenants and their clients are all
11:58:16AM jockeying for parking spaces to come in and patronize the
11:58:20AM But, Mr. Pressman is right, the other businesses are not
11:58:27AM regulated and they never went through the process, I'm
11:58:30AM actually stunned that we have businesses operating that have
11:58:35AM not been through the process.
11:58:37AM So, I don't see that we can penalize or in any other way
11:58:45AM hold up the proceedings for Mr. Pressman 's client by,
11:58:53AM because hundred regulated businesses operating on the
11:59:01AM >> I think the issue is that, there were two previous users.
11:59:04AM One was a retail center.
11:59:06AM No construction was conducted.
11:59:10AM And so they moved in.
11:59:11AM And then the pilate studio, no construction was required.
11:59:20AM So no permits were required.
11:59:22AM They have an occupational license.
11:59:23AM But they don't -- they did not go through what typically we
11:59:27AM call thing change of use.
11:59:33AM >>LISA MONTELIONE: I'm sorry, I work for clients on-site
11:59:36AM You look and see whether or not that business use is
11:59:38AM permitted within a certain zoning category before you sign a
11:59:41AM lease and move into a premises.
11:59:43AM You just can't move in to some place because you think it's
11:59:45AM a great place to open a business.
11:59:47AM An occupational license, unfortunately, our system and it's
11:59:51AM something that I'd like to see some changes too, but
11:59:54AM unfortunately, the clerk's office or the business tax office
11:59:58AM can issue a business occupational license without ever
12:00:03PM checking to see whether or not that business is entitled to
12:00:07PM operate on that, in that location.
12:00:10PM >> It is entitled to do that.
12:00:12PM It's not an illegal business.
12:00:15PM >>LISA MONTELIONE: I didn't say it was an illegal business.
12:00:17PM I'm saying it doesn't have the proper permitting to operate
12:00:20PM within that zoning district.
12:00:21PM >> It's an allowable use.
12:00:23PM It has not been certified and placed on the city situs
12:00:29PM Neither was the previous use.
12:00:32PM Which was retail.
12:00:33PM >>LISA MONTELIONE: I'm sorry, may I ask for staff to come
12:00:35PM and address that?
12:00:37PM Maybe I'm wrong and I am misinterpreting the situation here.
12:00:42PM >> Yes, you are correct.
12:00:43PM The uses on the site plan before you are the last, either
12:00:47PM historically approved or by permit uses in that building.
12:00:52PM Any other uses want to be placed on that building have not
12:00:56PM been permitted.
12:00:59PM Zoning administrator has certified that.
12:01:02PM >> What the owner communicated to me in the morning, in the
12:01:07PM presence of the petitioner, was to ask for the two week
12:01:09PM continuance, so that we could address any issues related to
12:01:13PM how do we get the other businesses permitted?
12:01:16PM And not penalize the petition that's before you.
12:01:19PM But to give ourselves some time to sit down with them and
12:01:22PM with the city staff to figure out what direction to go in,
12:01:26PM that did not cause them a lot of heartburn and delay them
12:01:32PM And that's why they had asked for a two week continuance.
12:01:35PM Now in that telephone conversation, the petitioner agreed to
12:01:38PM do that and since then, they've been talking among
12:01:42PM themselves itself and apparently backed off that but that
12:01:46PM discuss of them changing their mind has not taken place with
12:01:49PM the property owner.
12:01:50PM And that's why I'm saying, instead of bringing that forward
12:01:53PM and debating that before City Council, I urge you to give us
12:01:58PM two weeks to resolve the matter.
12:02:00PM If we can't resolve it, then bring it back up and certainly,
12:02:03PM we're not going to have any further discussion with you
12:02:06PM about an additional continuance.
12:02:07PM I've already communicated that to them.
12:02:12PM The owner also communicated to them that where there are
12:02:15PM additional expenses about, they'd be willing to talk about
12:02:18PM and share those expenses.
12:02:20PM So I'm --
12:02:21PM >>MARY MULHERN: I don't want to get in the middle --
12:02:23PM >> I'm just trying to avoid a larger problem.
12:02:26PM >>MARY MULHERN: Negotiations.
12:02:27PM >> The waivers you're granting as part of the S-2, they are
12:02:31PM for the entire site.
12:02:32PM Not just for one particular tenant.
12:02:34PM And this isn't a battle over the use of parking.
12:02:37PM This is an issue of how many spaces should be waived for the
12:02:43PM occupancy of the building.
12:02:44PM That's what it's about.
12:02:45PM We're not fighting about whether one person gets a space,
12:02:48PM another one doesn't.
12:02:49PM That's an operational agreement that has to occur between
12:02:53PM the tenants and the landlord.
12:02:56PM >> Can I ask you to weigh in on this?
12:03:03PM >>MARY MULHERN: Hold on.
12:03:03PM I have another Council person.
12:03:07PM This is what I would like right now.
12:03:09PM I need to hear from our staff, this is the first we have
12:03:13PM heard of there being any problem.
12:03:16PM This passed on first reading.
12:03:18PM We didn't hear any of these questions.
12:03:19PM So I'm not clear, and I would guess that there are other
12:03:22PM people in this room who aren't clear on what we're even
12:03:25PM talking about.
12:03:26PM So I need an explanation from staff about what this
12:03:30PM conflict -- what exactly they're arguing about here.
12:03:35PM And then.
12:03:36PM >> Madam Chair, just move to continue past noon for 15
12:03:40PM >>MARY MULHERN: All in favor?
12:03:44PM >> It's apparent that a non-permitted use is complaining
12:03:48PM about a new use that's going on the property.
12:03:51PM >>MARY MULHERN: Okay.
12:03:52PM So a non-permitted use that isn't in the same site -- that
12:03:58PM is in the same site.
12:04:00PM And it is a tenant?
12:04:01PM >> Evidently it is.
12:04:02PM I haven't seen the agreement.
12:04:04PM >>MARY MULHERN: But the petitioner in this case is also a
12:04:08PM >> Yes.
12:04:10PM >>MARY MULHERN: So, where does the owner come in?
12:04:15PM The landlord?
12:04:16PM >> He hasn't come in.
12:04:22PM >>REBECCA KERT: Before any application can go forward, as a
12:04:25PM special use, the property owner has to sign off on that
12:04:29PM It is my information and belief that the property owner in
12:04:32PM this case has signed off on that application and has
12:04:34PM authorized someone to be their agent, Mr. Pressman can speak
12:04:38PM more on that and Scott can verify it.
12:04:40PM That person is the only person who is authorized through our
12:04:43PM process to speak on blast property owner to you on this
12:04:46PM Free to say we wants, but officially the property owners in
12:04:52PM our records has signed a document authorizing a particular
12:04:55PM person to be their agent.
12:04:57PM >>MARY MULHERN: Okay, for this petition.
12:05:00PM >> Yes.
12:05:02PM >>MARY MULHERN: Which we already passed on first hearing.
12:05:03PM So I guess I need to understand maybe with the site plan,
12:05:10PM who is where?
12:05:12PM >>REBECCA KERT: Just from a legal perspective, and there are
12:05:14PM a lot of factual issues, I don't want to development but
12:05:17PM from a legal perspective, the waivers are based on the legal
12:05:21PM uses that are established.
12:05:23PM You're not going to grant waivers to uses that are not
12:05:27PM legally established there.
12:05:28PM So if something went in and has not gone through our
12:05:31PM permitting process and they require additional parking, you
12:05:34PM cannot require the person who's legitimately in our process
12:05:37PM first to seek waivers for somebody who has not been through
12:05:40PM the process.
12:05:41PM That person is going to have to go through the process in
12:05:44PM line on their own time.
12:05:46PM >>MARY MULHERN: So this is what I don't understand.
12:05:47PM We're talking about the -- the petitioner is on part of this
12:05:56PM property, and the, Mr. Michelini's client is on another
12:06:01PM Is that correct?
12:06:03PM I don't understand this.
12:06:04PM I'm not going to base my vote on something that I can't base
12:06:07PM it on.
12:06:07PM But I want to be able to visualize what we're talking about.
12:06:11PM >> I can actually walk you through, if you go to the
12:06:13PM overhead, please.
12:06:14PM The current applicant is proposed -- sorry.
12:06:26PM This is the building here, in its entirety.
12:06:30PM The current applicant before you is the proposed indoor
12:06:36PM The tenant that's being referred to that your staff's
12:06:41PM referred to and Mr. Michelini represents, is located part of
12:06:46PM some of this existing warehouse.
12:06:48PM I don't know what portion.
12:06:49PM So, just for demonstration purposes, they're maintaining
12:06:53PM some type of occupancy in the existing warehouse.
12:06:57PM That's how it's laid off.
12:06:59PM The applicant before you today that voted on your first
12:07:02PM hearing, is the proposed indoor restaurant.
12:07:04PM The tenant we found out about after first hearing is located
12:07:07PM in some portion of what's referred to as the warehouse.
12:07:10PM >>MARY MULHERN: Okay.
12:07:11PM Thank you.
12:07:11PM Councilwoman Capin?
12:07:14PM >>YVONNE CAPIN: Thank you, Madam Chair.
12:07:16PM I understand it perfectly clear.
12:07:18PM I am ready to move on this for second reading.
12:07:23PM >> Madam Chairman, great liberty, I just wanted to be sure
12:07:27PM I'm clear in the record here.
12:07:28PM I'm here today as an agent representing DB's restaurant, a
12:07:33PM part also representing demon entertainment, LLC, which is
12:07:37PM John Caruso here.
12:07:39PM John is the purpose in your file who carries the
12:07:43PM authorization from the property owner.
12:07:45PM So he's the only person, as I understand it, and as Ms. Kert
12:07:50PM well presented, is the person that has the authorization.
12:07:52PM I'm representing them for their entity in terms of the
12:07:55PM zoning application.
12:08:03PM >>YVONNE CAPIN: I moved.
12:08:05PM >>FRANK REDDICK: I just want to ask Mr. Pressman a question.
12:08:09PM Mr. Michelini kept referring total.
12:08:12PM That is, in your conversation as the agent, that you agree
12:08:16PM to have two weeks extension?
12:08:20PM >>STEVE MICHELINI: Let me say two things.
12:08:21PM We have been having discussions for two days.
12:08:23PM We are having discussions until midnight last night.
12:08:26PM There's been a lot of different ways to look at this a lot
12:08:28PM of different ways to present it.
12:08:30PM Now, we did have a conversation where there was, and maybe
12:08:37PM Jeff needs to speak to it really because he was in the whole
12:08:41PM At one point, they said yes, let's consider two weeks, let's
12:08:44PM consider talking about it.
12:08:45PM There is also consideration that would just take two weeks
12:08:49PM to come back before you with all these changes.
12:08:51PM But then was determined talking to Joel, it would be months.
12:08:54PM So there was some back and forth discussion on that but to
12:08:57PM answer that question, I'd like to ask Jeff to respond to it.
12:09:00PM Because I was not in that conversation.
12:09:04PM Jeff, John Caruso, just goes by Jeff sometimes.
12:09:09PM [ Laughter ]
12:09:27PM >> My name is John Caruso.
12:09:30PM >>MARY MULHERN: Also Jeff?
12:09:31PM >> No, my business partner's named Jeff Lynn.
12:09:37PM In this process, he is the one taking the lead on it for us,
12:09:41PM in our partnership.
12:09:43PM He wanted to help out with the zoning.
12:09:46PM We had some conversation this morning, but like our
12:09:50PM representative said, we have been on the phone back and
12:09:52PM forth for the past 48 hours.
12:09:54PM With the owners, with their representation, with pilate
12:09:59PM studios, with everything.
12:10:01PM So, at one point, this morning, at 9:00 a.m., we had a
12:10:05PM conversation with the owner and agreed that maybe we would
12:10:13PM take, we would think about taking two weeks and then come
12:10:15PM back to try to clear the air.
12:10:17PM But since then, we have talked about it and there's been
12:10:22PM more information brought to us that we don't think we need
12:10:26PM to do that.
12:10:27PM >>FRANK REDDICK: That's my question.
12:10:29PM Do you want to move forward today or do you want to grant
12:10:31PM the two weeks?
12:10:33PM >> I want to move forward.
12:10:36PM >>FRANK REDDICK: Then I'm ready to vote.
12:10:38PM >>YVONNE CAPIN: In that case, I move for approval.
12:10:40PM >> Second.
12:10:45PM >>MARY MULHERN: We need a motion to close the public
12:10:48PM >> Motion to close.
12:10:49PM >>MARY MULHERN: First, did anyone else have any questions?
12:10:53PM >> Motion closed.
12:10:55PM >>MARY MULHERN: All in favor, aye.
12:10:57PM I'm sorry, do we need to reopen the public hearing?
12:11:03PM >> Unless Mr. Pressman has nothing else to add.
12:11:07PM >>MARY MULHERN: He hasn't had a rebuttal.
12:11:09PM Did you want to speak, Mr. Pressman?
12:11:11PM >> He's waving his hand no, so I take that as no.
12:11:17PM >>MARY MULHERN: All in favor closing, aye.
12:11:19PM Anyone opposed?
12:11:21PM >>YVONNE CAPIN: Now may I mover it?
12:11:22PM Thank you.
12:11:23PM I'd like to move an ordinance, for second reading, an
12:11:26PM ordinance approving special use permit S-2 for alcoholic
12:11:29PM beverage sales, restaurant on premises only and making
12:11:32PM lawful the sale of beverages regardless of alcoholic
12:11:35PM content, beer, wine and liquor, on that certain lot, plot or
12:11:39PM tract of land located at 610 south Armenia avenue, Tampa,
12:11:43PM Florida, as more particularly described in section 2; that
12:11:48PM all ordinances or parts of ordinances in conflict be
12:11:51PM repealed, providing an effective date.
12:11:56PM >>MARY MULHERN: That was a motion to adopt?
12:11:58PM >>YVONNE CAPIN: Yes, ma'am.
12:11:59PM >>MARY MULHERN: Motion made by Councilwoman Capin, seconded
12:12:02PM by Councilwoman Montelione.
12:12:03PM All in favor -- please vote and record.
12:12:14PM >>THE CLERK: Motion carried with Miranda and Suarez being
12:12:19PM absent at vote.
12:12:22PM >> With great liberty, 30 seconds, I would like to say that
12:12:25PM my clients, two tenants are happy to work with the other
12:12:29PM We'll be in support of those other tenants coming back and
12:12:31PM being a part of the shopping center.
12:12:33PM We think it can all work well and will be back here to
12:12:36PM support them.
12:12:37PM We appreciate your decision today, thank you.
12:12:42PM >> Thank you, Council.
12:12:44PM >>MARY MULHERN: Item number -- Council, did we want to
12:12:49PM I can't remember where we were with our vote on breaking?
12:12:54PM >> I would propose that we break for lunch and come back at
12:13:01PM >>YVONNE CAPIN: I won't be able to come back.
12:13:07PM >>MARY MULHERN: We'll be down to four people.
12:13:12PM >>YVONNE CAPIN: I'm okay.
12:13:14PM I'll be back.
12:13:16PM >>MARTIN SHELBY: Before you break for lunch, Madam Chair,
12:13:18PM just a request.
12:13:19PM Captain O'Connor has a staff report later on, I believe it's
12:13:28PM number 64.
12:13:29PM I'm not sure.
12:13:30PM But the question is, is it possible, and I believe it's for
12:13:34PM the Trinity Cafe, and he was here this morning.
12:13:37PM Is it possible to set a time for him so he can not take more
12:13:41PM time from his duties to be able to come back?
12:13:44PM >>FRANK REDDICK: I'll be willing to, move him up at 1:30?
12:13:49PM >>MARY MULHERN: First thing when we get back.
12:13:50PM We'll do that all in favor?
12:13:56PM We are going to recess until 1:30.
1:39:15PM >>MIKE SUAREZ: Here.
1:39:16PM >>YVONNE CAPIN: Present.
1:39:17PM >>FRANK REDDICK: Here.
1:39:19PM >>MARY MULHERN: Here.
1:39:21PM >>HARRY COHEN: Here.
1:39:26PM >>MARY MULHERN: We're going to start with item number 674
1:39:28PM and then go back to our hearing.
1:39:32PM >>JULIA COLE: Julia Cole, legal department.
1:39:36PM Councilmember, you requested various city staff and legal
1:39:38PM department to report back on the Trinity Cafe issue.
1:39:41PM I just wanted to lead off the presentation to remind Council
1:39:44PM exactly what the issue is.
1:39:45PM And where Council's role is in this particular issue.
1:39:50PM As you may recall from our last, Ms. Coyle was here and
1:39:55PM discussed from a land development perspective, how this
1:39:57PM particular use is going through the process.
1:39:59PM Trinity Cafe is seeking to locate on a parcel of property
1:40:03PM which is zoned CG.
1:40:05PM In a commercial general zoning.
1:40:10PM Traditionally land development looked at the type of uses by
1:40:13PM Trinity Cafe, which could be characterized as a quote, soup
1:40:16PM kitchen, end quotes.
1:40:17PM We don't have that designation in our code and traditionally
1:40:21PM been looked at as a restaurant, restaurants being allowable
1:40:24PM use as matter of right from a CG zoning district.
1:40:30PM We had a last coverings last time, whether Trinity Cafe
1:40:34PM should have been characterized as a restaurant.
1:40:36PM Whether or not it should have been characterized.
1:40:38PM I do want to remind City Council that that determination of
1:40:41PM how it is characterized is completely an administrative
1:40:45PM decision through our, the fact at one point in time that
1:40:49PM concept of a soup kitchen was characterized as a restaurant,
1:40:53PM again, totally an administrative decision.
1:40:56PM But I also think it's important to remind Council that as a
1:41:02PM commercial general zoning classification, there's a variety
1:41:04PM of uses that are allowed, that have a very similar
1:41:08PM To that which Trinity Cafe would fall under.
1:41:12PM Restaurant under CG is one of the most intense
1:41:17PM classifications that you can have.
1:41:19PM But the other classifications that are within that
1:41:22PM particular zoning classification are a clinic, a place of
1:41:25PM assembly, a place of religious assembly, a rooming house, a
1:41:30PM congregate living facility, a public use facility, a puck
1:41:34PM service facility, restaurant and bar.
1:41:36PM So when you -- when the city looks at the particular
1:41:40PM classification of uses and the intensity or density of that
1:41:43PM use, we can't look at who the user is.
1:41:47PM We have to look at the nature of the use, how that use
1:41:53PM operates and then we have to seek to put it into a
1:41:55PM particular reasoning classification.
1:41:56PM I want to remind Council that at this point in time there,
1:42:00PM is nothing coming back to City Council on this issue.
1:42:02PM City Council doesn't have any authority to approve or deny
1:42:07PM this particular use.
1:42:08PM So long as the Trinity Cafe, has been designated as a
1:42:13PM restaurant, by the zoning administrator, meets the code
1:42:19PM Probably the one most stringent one of them to meet as a
1:42:22PM restaurant would be the parking requirement.
1:42:24PM A lot of these other uses I described don't have the same
1:42:26PM level of parking requirement as a restaurant.
1:42:29PM So as long as they meet the classification of parking
1:42:33PM recommendation and the other zoning requirements, the buffer
1:42:36PM and landscape and those kinds of issues, there is nothing in
1:42:40PM front of City Council to take action on.
1:42:42PM Therefore, there is no opportunity for you to approve or
1:42:45PM deny this particular use.
1:42:46PM I understand that they're in prominence and they're moving
1:42:51PM forward at this time.
1:42:53PM I know the other issue that has come to City Council is can
1:42:55PM you put something in the code?
1:42:57PM And I know that there was some other codes that were
1:43:00PM First of all, we need to keep in mind that whenever you're
1:43:04PM regulating a use, as I just said, you have to regulate that
1:43:08PM use not on the basis of who the user is, but how that use
1:43:11PM So even if we were to say, as suggested in some of the
1:43:15PM comments I heard this morning, create a category for social
1:43:19PM services and take this type of use, call it a soup kitchen,
1:43:23PM and put it in a social serve use, I don't know that that
1:43:26PM gets us anywhere, because when you look at all of the types
1:43:30PM of uses that are allowed in CG, including, like I said, the
1:43:35PM public use, public service, those types of uses, places of
1:43:38PM assembly, we're going to be in a position where we have to
1:43:43PM insure that a social service use has a similar intensity to
1:43:46PM these types of uses that I'm describing or else we would
1:43:50PM really have to go through and reconsider the types of uses
1:43:54PM that are allowed in CG.
1:43:56PM And given the nature of this use as described and talked
1:44:00PM about and the fact we can't regulate who the user is, but
1:44:03PM just simply how the use operates, I would say that there are
1:44:07PM almost wouldn't be a rational bases, and that's a legal
1:44:12PM I throw that out there, but that's how the law looks at
1:44:15PM these things, as how we could differentiate the soup kitchen
1:44:18PM type use or that social service type use from the other uses
1:44:22PM that are in CG.
1:44:24PM So I just wanted to have you all have the context of, which
1:44:29PM really at this point you don't have a role.
1:44:32PM And if you were to ask the legal department to go back and
1:44:36PM redraft your code or add in a social service use, it's not
1:44:40PM going to be just as simple as we add in this use and then
1:44:44PM prohibit it in CG.
1:44:45PM We would have to go back and look at all the uses and
1:44:49PM reconsidering whether or not many of those uses would be
1:44:51PM appropriate in that zoning classification.
1:44:53PM I'm available for any questions.
1:44:56PM I know there's other folks that are here just to give some
1:44:59PM more general discussion of this issue.
1:45:01PM But no matter what happens here today, again, want to make
1:45:05PM it clear, there is no, nothing for City Council to be taking
1:45:09PM action on as it relates to the siting of the Trinity Cafe at
1:45:12PM this location.
1:45:14PM >>MARY MULHERN: Councilmember Reddick?
1:45:16PM >>FRANK REDDICK: Thank you, Madam Chair.
1:45:18PM Even if we are not taking action today, the City Council has
1:45:22PM the authority to change the zoning.
1:45:26PM >> City Council does have the authority to amend the zoning
1:45:28PM code, so long as it's in line with the legal principles of
1:45:33PM your zoning code and how you set up different uses.
1:45:36PM >>FRANK REDDICK: All right.
1:45:36PM So if we look at from Columbus drive, 21st, which is
1:45:42PM encompass, where they will be located, in that new building,
1:45:46PM and there's no restaurant, nowhere in that facility, then we
1:45:52PM could amend that code for that purpose, is that right?
1:45:55PM >> It would not have any impact on this particular use, this
1:45:58PM particular parcel if they've already moved forward to put
1:46:03PM that use at that location under the zoning code as it exists
1:46:08PM If you amend your zoning code that would be for going
1:46:10PM forward any application.
1:46:13PM >>FRANK REDDICK: So they'd basically be grandfathered in?
1:46:15PM >> In essence, if you were to change your code, yes, they
1:46:18PM could be considered as grandfathered in.
1:46:21PM >>FRANK REDDICK: So as of today, there's nothing this
1:46:26PM Council can do to prohibit those, that company, that
1:46:30PM business from taking place in that facility, the new
1:46:35PM facility, even if -- the new facility.
1:46:39PM And I'm pretty sure they.
1:46:41PM Raised all the funds for the building, but they're still
1:46:43PM trying to purchase that building.
1:46:45PM No -- I took a tour of it yesterday.
1:46:51PM Of the new building.
1:46:55PM So, they haven't met that goal in order to facilitate that,
1:47:01PM the move into that facility.
1:47:04PM So as of today, I just want to be clear, and I understand,
1:47:08PM there's no action by this Council.
1:47:12PM We are just getting feedback from the legal department on
1:47:14PM what some clarification on what we can do and what we cannot
1:47:18PM So, as of today, there's nothing we can do as the Council,
1:47:23PM and they can go forward and move into the facility.
1:47:27PM And if we wanted to amend the code and in the future, then
1:47:32PM Council can take up that action, is that correct?
1:47:34PM >> That's correct.
1:47:35PM >>FRANK REDDICK: Okay.
1:47:37PM >>MARY MULHERN: Councilmember Suarez?
1:47:38PM >>MIKE SUAREZ: Thank you, Ms. Cole, couple things that I
1:47:40PM wanted to ask you.
1:47:41PM One, I think you're pretty clear in terms of what our legal
1:47:45PM solutions are concerning zoning and social services.
1:47:49PM Is there a way, and I also understand that, because let's
1:47:55PM talk about it hypothetically instead of specifically,
1:47:57PM because, that ship sailed already, if they already entered
1:48:02PM That's when the clock starts essentially, and whatever we do
1:48:04PM is not going to matter anyway, as you mentioned.
1:48:07PM Is there a way to have a social services zoning outside of
1:48:11PM what we currently have on our zoning ordinance, meaning
1:48:15PM creating a new section specifically towards social services,
1:48:19PM meaning, you know, I know it's CG and all the other thing.
1:48:23PM But can we create a new system specifically for social
1:48:28PM >> I know other jurisdictions have a classification known as
1:48:31PM a social service classification.
1:48:33PM I would have to research whether or not you could really do
1:48:37PM that or not, given the types of uses.
1:48:39PM But let's assume that yes, we can create a new
1:48:42PM classification called a social service classification.
1:48:45PM The next step is to identify what zoning district that
1:48:48PM classification is allowed in.
1:48:51PM And you need, especially from social service classifications
1:48:54PM typically deal with a type of user, that may have some legal
1:49:00PM You have to be very cognizant that any classification you
1:49:05PM put the social service classification, zoning classification
1:49:08PM in, you have similar types of uses.
1:49:10PM Meaning I can't prohibit social service classification --
1:49:17PM social service classification in a zoning district that say,
1:49:21PM for example, allows larger places of assembly, because the
1:49:25PM types of uses and the nature of the uses and the number of
1:49:28PM people who can go there and whether or not they can be
1:49:30PM inside or outside are very similar, so you have to treat
1:49:34PM them similarly, because you can't make the decision to
1:49:39PM prohibit something based upon who is using it.
1:49:43PM So -- you could go ahead and create that classification, I'd
1:49:48PM want to do some more legal research, but that doesn't --
1:49:51PM that doesn't mean that we won't still have to allow in it
1:49:54PM certain zoning classifications.
1:49:57PM >>MIKE SUAREZ: Absolutely.
1:49:57PM I was going to interrupt but that, which we're always
1:50:00PM talking about type of use, not who is using it.
1:50:02PM And that's why I wanted to make it a hypothetical as opposed
1:50:05PM to what's going on.
1:50:06PM Now let's get to the specific.
1:50:08PM Some of the pictures and some of the things that people were
1:50:11PM talking about that is happening in another section of the
1:50:14PM city, where particular type of use, this type of use is now
1:50:18PM going on.
1:50:19PM What can we do about folks, I know that there are no more
1:50:24PM loitering quote-unquote constitutional loitering ordinances
1:50:29PM out there any more.
1:50:30PM What can we do about people that are, people that are trying
1:50:34PM to get into a particular place, whether it's a restaurant or
1:50:38PM any other kind of use, and they're in the neighborhood.
1:50:41PM And I know that part of it is code enforcement, part is
1:50:45PM But, what can we do in terms of zoning that answers that
1:50:50PM particular question?
1:50:51PM As an camp, somebody's in a queue that's ready to be served
1:50:54PM and there are lots of people there, it could overwhelm a
1:50:58PM particular neighborhood?
1:50:59PM May even have a problem with neighborhood serves, some other
1:51:03PM How do you deal with that in terms of a zoning issue?
1:51:07PM >> And you know, I paid a lot of attention this morning.
1:51:10PM As well as the last time this issue came up, to watch some
1:51:13PM of the pictures and to try and listen to the folks who are
1:51:17PM raise something issues so that I could see if there was any
1:51:20PM opportunity for to us do something.
1:51:22PM And in our code, what we have right now is, you can't make
1:51:27PM it illegal to loiter on rights of land.
1:51:30PM I know we have had a lot of discussion in this room what you
1:51:33PM can and can't be allowed to regulate in the right-of-way.
1:51:36PM We do regulate and have different permitting schemes for
1:51:40PM businesses who use the right-of-way for their business
1:51:45PM I'm thinking of like a valet, or outdoor cafe, those kinds
1:51:50PM of things, sidewalk cafes.
1:51:52PM Really what we do is we say all right, you business, you're
1:51:55PM going to be using our right-of-way, we are going to give you
1:51:58PM a license or permit to be able to use that we also have in
1:52:02PM Ybor, historic Ybor, a queuing in the right-of-way permit.
1:52:05PM Meaning those bars and restaurants that want to use our
1:52:09PM rights-of-way for the purposes of people lining up to get
1:52:12PM into their establishments, we make them go through a
1:52:15PM permitting process.
1:52:16PM So, in thinking through some of the pictures that I saw and
1:52:21PM some of the other issues coming forward, you know, there may
1:52:24PM be some opportunities to think about how our right-of-way is
1:52:28PM used to support this business and other businesses, either
1:52:32PM by expanding our queues in -- queuing in the right-of-way
1:52:36PM permitting process, look whether or not we want to prohibit
1:52:40PM queuing in the right-of-way so long as we can legally do
1:52:43PM that I'm not telling you as I stand right here, that I can
1:52:47PM give you assurances that I won't come back and say no,
1:52:50PM legally we can't do it that way.
1:52:52PM But it was something that I, and identify some of the issues
1:52:56PM that were coming forward, thought might be a possible option
1:53:01PM to deal with some uses that do seem to create a lot of
1:53:05PM queuing within the rights-of-way of people wait to get into
1:53:08PM their business.
1:53:09PM >>MIKE SUAREZ: You may not know the answer to this I
1:53:13PM apologize if you don't.
1:53:14PM But what is the criteria or at least the threshold in order
1:53:17PM to get into that queuing permitting? Obviously you
1:53:20PM mentioned two of them, you mentioned about valet parking.
1:53:23PM And people that are trying to get in to a particular place.
1:53:26PM We allow to it a certain extent, but we permit it.
1:53:31PM How does that -- what's the threshold on something like
1:53:34PM When do we say, no, you need to get a permit to allow this?
1:53:39PM >> If you have an adjoining business, meaning, you own a
1:53:44PM business and there's that line that says okay, now you've
1:53:46PM crossed into the right-of-way line versus being on your
1:53:49PM private property.
1:53:50PM And what you're seeking to do is utilize that right of way
1:53:53PM to conduct your business.
1:53:55PM Once that line is crossed, we don't allow you to just use
1:53:59PM our right-of-way.
1:54:00PM We say you have to get a permit from the city in order to
1:54:03PM utilize the right-of-way.
1:54:04PM What we do in the permitting process is we look at whether
1:54:07PM or not it's going to have an impact on traffic.
1:54:10PM Whether or not there's -- you can't ever obstruct that free
1:54:14PM flow of traffic, walking down a sidewalk.
1:54:16PM It allows us to monitor and deal with any interruptions in
1:54:21PM our rights-of-way.
1:54:23PM >>MIKE SUAREZ: Let me interrupt for a second.
1:54:25PM So you're saying that if I'm have an adjoining business to a
1:54:28PM business that's going to, I won't say impede, but be in my
1:54:33PM right-of-way as another business, I can tell the city hey, I
1:54:37PM think they should be permitted for using this right-of-way?
1:54:39PM Does the same thing apply for someone who's a homeowner?
1:54:43PM >> If you're a homeowner and you want to do, say, pavers or
1:54:48PM something like that in the right-of-way, you have to get a
1:54:50PM right-of-way use permit.
1:54:53PM >>MIKE SUAREZ: You're missing my point.
1:54:54PM My point is if you're an adjoining property to that
1:54:56PM particular business, how's that process work in terms of
1:54:59PM saying, I'd like -- I think they should be permitted to do
1:55:02PM this as opposed to just allowing them in the right-of-way?
1:55:07PM What's that process, if any?
1:55:09PM >> There's an application process with the city.
1:55:11PM And if somebody reports you're using our right-of-way and
1:55:13PM you don't have a permit, we'll say go get a permit or we
1:55:16PM will go through our citation process.
1:55:19PM >>MIKE SUAREZ: So essentially, the neighbor, so to speak,
1:55:21PM has to go over to the code enforcement would handle it?
1:55:26PM >> I believe it is code enforcement would handle those types
1:55:29PM of issues.
1:55:30PM >>MIKE SUAREZ: That would be the entry point and then it
1:55:32PM would go on to be vetted through you and everyone else, find
1:55:35PM out if it fits into what the permitting process is, right?
1:55:39PM >> Yes.
1:55:40PM Without getting into details, how to handle all enforcement
1:55:44PM issues, as a general matter, if somebody complains
1:55:47PM somebody's using the right-of-way improperly, there's a
1:55:50PM process there can be a claim, there can be a sigh station.
1:55:53PM And then we can direct them toward the permitting process.
1:55:56PM >>MIKE SUAREZ: All right.
1:55:57PM Thank you.
1:55:58PM >>MARY MULHERN: Councilwoman Capin?
1:56:00PM >>YVONNE CAPIN: This permitting process, who is liable?
1:56:05PM When we permit them, do we require them to get insurance?
1:56:09PM Who is liable for damages that may be incurred by their
1:56:15PM >> As part of the permit, we require insurance.
1:56:18PM Also codify that we require insurance.
1:56:21PM >>YVONNE CAPIN: The permit requires insurance for the
1:56:23PM right-of-way use.
1:56:26PM >> If people use the rights-of-way, we make sure we protect
1:56:29PM tint of the city in the use of that right-of-way.
1:56:32PM >>YVONNE CAPIN: Insurance changes.
1:56:33PM And that's never grandfathered in.
1:56:37PM >> Well, we have in our code though whatever those
1:56:39PM requirements are, we can require more if, if staff believes
1:56:42PM there is a potential for additional damage.
1:56:45PM It has to be based solely an analysis of what the potential
1:56:48PM for damage is.
1:56:50PM But so you can't just make up a number.
1:56:52PM You have to have some basis for it.
1:56:54PM But actually under code, there's an opportunity to require
1:56:57PM more insurance or.
1:57:00PM >>YVONNE CAPIN: We only have these permits in Ybor?
1:57:02PM >> Well, for queuing.
1:57:04PM There is within Ybor a permit process for queuing in the
1:57:09PM Meaning if you have one of those bars or restaurants, think
1:57:11PM about an Ybor, how all of those businesses really abut right
1:57:14PM up to the right-of-way.
1:57:15PM Right up to that sidewalk area.
1:57:18PM And so, in order for them to allow people to line up outside
1:57:21PM their business, they have to get a permit from us to queue
1:57:25PM in the right-of-way.
1:57:26PM That is the only place in the city that we have a queuing
1:57:29PM line permit.
1:57:31PM >>YVONNE CAPIN: A queuing line.
1:57:32PM So, it sounds like this, the establishment would fall right
1:57:40PM into, I mean, there is queuing.
1:57:42PM >> Well, it's whether or not they want to use the
1:57:45PM right-of-way for queuing.
1:57:46PM Unlike in Ybor City, where you really have this businesses
1:57:50PM butt right up against the rights of way.
1:57:53PM This property has enough property, I understand, to queue on
1:57:58PM their property as opposed to queuing in the right-of-way.
1:58:01PM >>YVONNE CAPIN: They can queue on their property and any
1:58:04PM overflow is just the residents using the right-of-way?
1:58:07PM I'm asking.
1:58:08PM >> As it stands right now, we have nothing that would
1:58:10PM prohibit queuing in the right-of-way and other places in the
1:58:14PM The only place that you have to get a permit to queue in the
1:58:19PM right-of-way is in historic Ybor.
1:58:21PM I guess what I'm saying, could we look at the possibility of
1:58:27PM expanding either that permitting process or doing something
1:58:30PM else, and I, I'm just suggesting that in terms of lacking at
1:58:36PM regulations and hearing the concerns and complaints of the
1:58:40PM things that were being talked about this morning and the
1:58:43PM last time we had a presentation, that is a potential
1:58:47PM opportunity to deal with the concept of what happens if in
1:58:51PM our rights-of-way when there is concern that people are
1:58:54PM going to wait for a business to open of this type.
1:58:57PM >>YVONNE CAPIN: Well, if it is a potential then what would
1:58:59PM be our next step?
1:59:02PM >> City Council certainly can make a motion and ask the
1:59:04PM legal department to look at their and come back with options
1:59:07PM as it relates to queues within the rights-of-way.
1:59:12PM >>YVONNE CAPIN: Well, as soon as our discussion is over, I
1:59:14PM will be making that motion.
1:59:16PM >>MARY MULHERN: Council Cohen?
1:59:18PM >>HARRY COHEN: I want to be very clear with what you told
1:59:22PM And that is that under our code, this is a permissible use.
1:59:28PM >> Correct.
1:59:29PM >>HARRY COHEN: That we do not have a role in, at this point,
1:59:34PM in voting yea or nay on any aspect of it.
1:59:38PM They have not asked to queue in the right-of-way.
1:59:40PM So therefore, there's no issue in front of us about that.
1:59:44PM And to the degree that we want to help deal with some of the
1:59:49PM citizens' complaints, really, where they, where we should
1:59:52PM look to help is in trying to facilitate communication
1:59:57PM between the Trinity Cafe and the neighborhood and the
2:00:00PM various different city departments to try to make things as
2:00:04PM smooth as possible.
2:00:05PM >> Absolutely.
2:00:09PM >>HARRY COHEN: And any change we would make to our zoning
2:00:11PM codes would not affect this particular use, at this point?
2:00:14PM >> At this point, that is correct.
2:00:15PM [phone ringing]
2:00:23PM [ Laughter ]
2:00:27PM >> Just so everybody is clear, did I spend some time, and I
2:00:29PM do appreciate and understand the concerns of the folks in
2:00:33PM that area.
2:00:34PM And I really did wrack my brain to find out if there was any
2:00:39PM And you know, but as your attorney, I could just advise that
2:00:43PM from a legal perspective, they have the right to go into
2:00:47PM this location the way the code stands today.
2:00:51PM Thank you.
2:00:53PM >>MARY MULHERN: Councilmember Reddick, is your question for
2:00:56PM I think, let's hear from all the other departments that we
2:01:00PM asked, especially CCTV who has been waiting here all
2:01:14PM >>FRANK REDDICK: You saw the pictures this morning where
2:01:15PM they had all the pictures of people hanging around the
2:01:20PM Let me ask you, because they made some, some statements that
2:01:27PM how these people loitering around the place.
2:01:30PM And they was jumping fence, some people doing some other
2:01:34PM Has there been a large number of arrests made in the
2:01:39PM vicinity of the Trinity Cafe?
2:01:45PM >> Chief 0 con no, Tampa Police Department.
2:01:47PM Good afternoon, Council.
2:01:48PM To answer that question, first I want to make it clear that
2:01:51PM the Tampa Police Department supports the idea of having a
2:01:55PM place to feed the homeless and the working poor in our
2:01:58PM Obviously, that's a good idea.
2:02:00PM We have no issues with that but to answer that question and
2:02:03PM to answer Council's original question of what is going to be
2:02:08PM the negative impacts, it's potential for a negative impact
2:02:11PM on the neighborhood.
2:02:13PM That's the only way for us to visit that issue, is to look
2:02:17PM at the current location of the Trinity Cafe.
2:02:19PM Which as you know is housed within the Salvation Army.
2:02:23PM So it's, they contract with the Salvation Army and they
2:02:27PM serve at that location.
2:02:28PM All of the complaints that I get are basically quality of
2:02:32PM life complaints and nuisance obeyed complaints.
2:02:34PM They don't typically result in arrests.
2:02:37PM There is not, to answer that question, there's not a large
2:02:41PM number of arrest force the behavior R behave.
2:02:44PM But what happens, and I'll go down the list and this is
2:02:46PM going to confirm what you heard this morning.
2:02:49PM There is loitering in large groups.
2:02:51PM There is sleeping on the public right-of-way.
2:02:53PM There is public intoxication and drinking.
2:02:55PM There is drug use and drug sales.
2:02:57PM There is prostitution and other lewd behavior going on.
2:03:01PM There is public urination and defecation.
2:03:04PM There's unsightly litter and abandoned property strewn
2:03:09PM There are home camps set up on both private and public
2:03:15PM Squatters are in vacant homes and buildings.
2:03:17PM There's petty theft in nearby areas.
2:03:19PM And vagrants begging and panhandling.
2:03:24PM All this goes on around the cafe.
2:03:26PM What we can directly attribute to that you know, is a
2:03:31PM debatable issue.
2:03:32PM But, the issue from our standpoint is the large numbers.
2:03:35PM To feed 20 people might not be a big deal.
2:03:39PM To feed 200, the issue comes in, you're dealing with
2:03:44PM predominately homeless people, who have no other place to
2:03:47PM go, so they get there early or they stay overnight.
2:03:50PM And while they're waiting is where tissues arise.
2:03:52PM Currently the Salvation Army blocks off their property.
2:03:56PM They cannot wait on the Salvation Army property.
2:03:59PM So they have no other place to go but on the city sidewalks
2:04:02PM and in and around there.
2:04:03PM And I'm sure everyone's been by there to see.
2:04:06PM There's no exaggeration, there is definitely a lot of
2:04:09PM clutter and people waiting around down there.
2:04:11PM With that said, if in a new location they opened up the
2:04:16PM property to allow them, I think a responsible way to do
2:04:21PM about that business would be let them on their property and
2:04:24PM provide them with access to their restrooms, maybe
2:04:28PM Porta-Johns when they're not open.
2:04:30PM Trash receptacles, places like that so we can limit the
2:04:36PM But as far as arrests, there is not a large number of
2:04:39PM arrests because we can't really put, you know, who left all
2:04:43PM that trash there?
2:04:44PM There's 50 people there.
2:04:45PM So, we -- it doesn't lead to a lot of arrests.
2:04:49PM But it is a real problem.
2:04:51PM That has the potential to be transferred to the new
2:04:56PM >>MARY MULHERN: Councilwoman Montelione?
2:05:00PM >>LISA MONTELIONE: I'm confused by the reason why it is not
2:05:03PM a lot of arrests.
2:05:05PM Not that I want to see, you know, homeless people being
2:05:07PM arrested in troves.
2:05:10PM We need to find a larger solution to accommodating the
2:05:22PM nearly 18,000 homeless people that we have in the city of
2:05:25PM But until we arrive at some sort of avenue to do that, if
2:05:34PM there are on a regular basis people who are doing all of
2:05:40PM those things that you just listed, why aren't there any --
2:05:45PM why hasn't there been any mitigation of that?
2:05:48PM I'm sure that there are, well, former code enforcement
2:05:55PM officers, but now elevated to a whole new position and
2:06:00PM stationed here at the city.
2:06:01PM Salvation Army would be, having code violations for
2:06:08PM violating some of our nuisance codes that are already on the
2:06:13PM >> Well, they're not doing it on the Salvation Army
2:06:16PM Once they are on property and going in to feed, that's
2:06:20PM >>LISA MONTELIONE: But the cafe is currently located, within
2:06:22PM the Salvation Army.
2:06:24PM So, if that business entity is causing the current
2:06:31PM neighborhood to experience issues, why were they allowed to
2:06:36PM continue to create a situation where the current
2:06:43PM neighborhood would be compromised?
2:06:45PM Because I'm looking at, if, you know, the way I see it is, I
2:06:52PM don't see that we have a basis for denying this position.
2:06:55PM So what I'm looking at is going -- I'm sorry.
2:07:00PM Thank you very much for that clarification.
2:07:04PM But going forward looking at potential abatement of the same
2:07:09PM issues, just in a different location, so if there are code
2:07:15PM violations not being enforced, there's arrests not being
2:07:18PM made now, there's no enforcement of any of our current
2:07:22PM regulations, at the current location, how are we going to
2:07:27PM enforce regulate or monitor the situation at the new
2:07:32PM And I think that's what the neighborhood is most concerned
2:07:36PM with, is, and I may be wrong -- it's not the actual help of
2:07:42PM the homeless because I know some of the folks who testified
2:07:45PM this morning, they're carrying, lovely, humanitarian
2:07:49PM But they don't want the effects of serving those less
2:07:55PM fortunate than ourselves to infringe on their permanent
2:07:59PM property rights, on their investment in their communities,
2:08:01PM on the monetary value that they have invested in their
2:08:06PM So, if we're not enforcing these things now, what's the
2:08:12PM guarantee we're going to be enforcing them at the new
2:08:16PM >> Well, the issue with enforcement of -- these are as
2:08:22PM misdemeanor offenses that need to happen in our presence.
2:08:24PM So what we're seeing is the result of large numbers of
2:08:28PM people and what happens, people get fed and there are no
2:08:33PM They're handed food in little containers.
2:08:36PM There's no place to throw them away.
2:08:38PM But we would have to set up surveillance per se to watch,
2:08:43PM put in a lot of time to make arrests for littering or
2:08:47PM So, it's, at this point, it's not real feasible that's what
2:08:51PM we use our manpower for.
2:08:53PM But that's just a result of having, like I said earlier, the
2:08:56PM large numbers.
2:08:59PM There are so many in one locations.
2:09:01PM And then --
2:09:03PM >>LISA MONTELIONE: We have large numbers of people gathering
2:09:05PM at other locations, don't we monitor those locations?
2:09:09PM >> We do.
2:09:10PM But to say why aren't anyone getting arrested -- while
2:09:14PM they're waiting, they're not necessarily doing everything on
2:09:17PM the line.
2:09:20PM >>LISA MONTELIONE: If the problem is throwing garbage
2:09:22PM away -- why don't we supply garbage receptacles?
2:09:26PM Recycling receptacles?
2:09:28PM I mean, there are other way that is we can assist and find
2:09:34PM some sort of middle ground between the location and the
2:09:39PM activity and the neighborhood's concern.
2:09:43PM That's all I'm saying.
2:09:47PM >>MARY MULHERN: Thank you.
2:09:48PM Councilwoman Capin?
2:09:54PM >>YVONNE CAPIN: When we have -- just to be clear, I have
2:09:58PM served at the Trinity Cafe, and we have had, we have
2:10:02PM discussed homelessness here for as long as I've been here,
2:10:06PM at least a year and a half.
2:10:08PM So it is a very important issue and it is very, what they do
2:10:12PM there is very important.
2:10:14PM By the same token, I can agree with Councilmember Cohen in
2:10:19PM that what the Trinity Cafe needs to really look at is to be
2:10:27PM the best neighbor they possibly could be in the
2:10:34PM And that would be to clean up the lot, to help the
2:10:38PM neighborhood stay clean.
2:10:40PM To afford those -- it's not mandatory, but you know, it's
2:10:46PM just a good neighbor policy.
2:10:48PM Have the port-a-lets.
2:10:50PM You know, just to be able to be a good neighbor to the
2:10:57PM neighborhood, just as well as the service that is being
2:11:01PM provided for the homeless.
2:11:03PM And yes, you know, homeless have nowhere to go.
2:11:07PM They have nowhere to go.
2:11:08PM You know, you've got to imagine your nice home and all of a
2:11:15PM sudden one day, you have nothing.
2:11:17PM And you have to determine what you're going to carry on your
2:11:20PM And that's it.
2:11:21PM And that's what you have.
2:11:22PM And that's what homelessness means.
2:11:26PM It doesn't mean anything else.
2:11:27PM You have no roof over your head.
2:11:31PM And virtually no possessions.
2:11:34PM So, again, the good neighbor policy, the best neighbor
2:11:40PM policy on both sides, and I do agree, getting together, you
2:11:45PM know, again, we have no -- there is nothing before us
2:11:49PM really, other than to discuss -- and discussion is good.
2:11:55PM Conversation is how things get done.
2:11:57PM So therefore, I would agree that getting these different
2:12:02PM entities together and I know they've worked some of it, but
2:12:05PM to get them together and to really make an effort, because I
2:12:08PM have been there.
2:12:09PM I did serve there.
2:12:11PM And I did see what, the photos they were showing, it is
2:12:17PM quite messy.
2:12:18PM It is quite messy.
2:12:20PM When you have 200 people waiting.
2:12:25PM So, I can't urge that enough, but we can't mandate it, so
2:12:30PM I'm just asking to be the best neighbor you could possibly
2:12:37PM >>MARY MULHERN: Councilwoman Montelione?
2:12:40PM >>LISA MONTELIONE: As you said to hear from the other
2:12:42PM departments to come here.
2:12:47PM Can you answer some questions?
2:12:48PM >> I.
2:12:49PM Spoken yet.
2:12:50PM >>LISA MONTELIONE: I thought we were going through all the
2:12:52PM witnesses first.
2:12:56PM >> Before we hear from you, because I have some questions
2:12:58PM that maybe you can answer.
2:13:02PM Here's what strikes me.
2:13:03PM My hope, after seeing, hearing from the neighborhood today,
2:13:10PM and from last week, or the last time we were there from,
2:13:15PM seeing the photographs and from having been near the cafe,
2:13:24PM you know, hopefully, since this is out of our hands as City
2:13:28PM Council, there's nothing we can do about it.
2:13:31PM That this location maybe won't have as much of the problems
2:13:37PM as the last location, because it is not in the same location
2:13:43PM as were the salvation is, where people might be waiting for
2:13:47PM other services, so maybe they will go for their meal and
2:13:50PM they will leave because there isn't anything in the
2:13:52PM neighborhood for them, other than to have the meal.
2:13:54PM So, that's one hope that I would have.
2:13:57PM I don't know will work out that way or no I think that
2:14:02PM Councilwoman Capin, I know that everyone from hearing from
2:14:07PM everyone today, that the cafe absolutely wants to fit in and
2:14:12PM work with the neighborhood and not be a problem.
2:14:14PM So I have no doubt that you're going to do that.
2:14:16PM Maybe the fact that, you know -- I haven't seen your new
2:14:22PM site and what it's like, but hopefully there will be some
2:14:25PM more room on the property for people to queue and to wait.
2:14:29PM So, hopefully you can give that assurance to the neighbors.
2:14:33PM But what I wanted to say to our city staff is that, here's
2:14:39PM what we found out from us listening and having a dialogue
2:14:43PM with this neighborhood forks you know, two or three hours
2:14:49PM The City Council, we can't do anything.
2:14:52PM This is zoning administrator, an administrative decision to
2:14:56PM allow this use to happen and there's nothing -- we have no
2:14:59PM say in it.
2:15:00PM Then we also know that we have been told by this
2:15:05PM administration that we have no role in finding a place for
2:15:10PM the homeless to go.
2:15:12PM This Council's been asking for, you know, over a year for
2:15:17PM the city, this administration to help find a place and to be
2:15:24PM a leader in finding a place for the homeless and the hungry
2:15:27PM to go, where we'll have beds, we will have referral
2:15:32PM services, there will be able to have showers.
2:15:35PM It's not the last year, been probably as long as I've lived
2:15:38PM here, but I know at least in the last 10 years.
2:15:41PM Homeless coalition has been trying to find a place for
2:15:43PM people to go.
2:15:44PM So, this month we heard from Tampa -- not Tampa Heights.
2:15:52PM From VM Ybor that they don't want this charity to go on in
2:15:58PM their neighborhood because of the fact that there are so
2:16:00PM many people who stay there, who don't have a place.
2:16:05PM So, you know, for us, we have given -- all we can do is
2:16:12PM listen because apparently we have no ability to direct.
2:16:16PM We done.
2:16:17PM We have no ability to direct the administration to help
2:16:21PM solve this problem.
2:16:22PM Because the problem isn't that you're feeding hungry people.
2:16:26PM The problem is that these hungry people have nowhere to go
2:16:29PM in this city, in this county there.
2:16:32PM Is nowhere to go.
2:16:33PM So, we have been begging to, you know, to see some actual
2:16:39PM effort commitment on the part of this administration.
2:16:43PM And somebody here can tell me that we're getting somewhere
2:16:48PM with it, that would be great to hear.
2:16:51PM But I just want the public and the neighbors in that
2:16:54PM neighborhood towns that -- what we're faced with and this is
2:17:01PM the sad thing about all, what we have heard from everybody
2:17:04PM in the last couple meetings.
2:17:08PM Where are these people supposed to go?
2:17:11PM And no one has offered any ideas about that.
2:17:14PM No one.
2:17:15PM I don't want them in my neighborhood.
2:17:17PM And I am not, you know, saying that the people in that
2:17:22PM neighborhood shouldn't be saying that I mean, I understand
2:17:25PM that they want, you know, they want to feel safe, they want
2:17:29PM to feel their neighborhood is clean and desirable.
2:17:32PM There's nothing wrong with that their concerns are well
2:17:36PM found and well taken.
2:17:37PM And I wish we could help them.
2:17:39PM But until this community comes up with some solutions for
2:17:46PM this burgeoning problem getting word every day, I don't know
2:17:51PM what we're going to do.
2:17:53PM I want to thank all my Foley low Councilmembers who have
2:17:55PM been working on this looked at Pinellas hope and talked to
2:17:58PM the sheriff's office and the county commission, and gone to
2:18:02PM the faith cafe and gone to the Trinity Cafe, and
2:18:06PM participated in the high pressure los count.
2:18:08PM We're doing everything we can.
2:18:10PM It's time for this administration to make some kind of
2:18:15PM commitment to do something about it.
2:18:16PM And for the neighbors to start calling the mayor's office
2:18:18PM instead of coming here, because apparently there's nothing
2:18:22PM more that we can do now.
2:18:24PM So Dennis, got anything for Thom to offer?
2:18:31PM >> Thom Snelling, director of planning and development.
2:18:34PM We are continuing down the same path that we were with the
2:18:38PM task force, I believe we're making some progress and every
2:18:41PM meeting we have, we have members from the city from, my
2:18:45PM department as well as from the budget department working
2:18:49PM through with them and finding solutions and finding funding
2:18:52PM sources and moving down that route.
2:18:53PM We're going to continue to do that there is a commitment
2:18:58PM Hopefully in the very near future, we will be able to bring
2:19:01PM something that makes sense and shows where our efforts have
2:19:04PM We are also continuing to work with the other agencies that
2:19:08PM we have out there.
2:19:09PM Millions of dollars provided for other homeless facilities
2:19:13PM and other homeless agencies that work, other agencies that
2:19:17PM work with the homeless population, will continuing to
2:19:20PM support them as well there.
2:19:21PM Is no panacea.
2:19:23PM There's no one single bullet that's going to take this.
2:19:26PM This problem is 18,000 homeless people, you could put them
2:19:29PM all inside of Raymond James Stadium and it's not going to
2:19:32PM solve the problem, just finding a place for all of them to
2:19:35PM It's got to be a multiprivate-public multiagency effort.
2:19:40PM We have got the beginning of that now.
2:19:41PM And we're going to continue moving in that path.
2:19:49PM >>YVONNE CAPIN: Thank you, because that's exactly way
2:19:51PM suggested in the first place, a public-private entity or
2:19:59PM cooperation, that that was the only way that it was going to
2:20:03PM be done.
2:20:04PM I'm glad they followed my direction.
2:20:06PM Thank you.
2:20:11PM >>LISA MONTELIONE: Again, Mr. Rogero.
2:20:15PM >> Good afternoon, Council, Dennis Rogero, finance
2:20:20PM >>LISA MONTELIONE: Congratulations on the new appointment.
2:20:22PM >> Thank you.
2:20:23PM >>LISA MONTELIONE: I had asked for you to propose some
2:20:25PM figures on what the cost is to our budget, what the impact
2:20:35PM I'd like to hear those numbers if you could impart them upon
2:20:40PM >> We do not have any numbers.
2:20:44PM Full allow me to explain why.
2:20:46PM In the meetings we have had with all the various city
2:20:49PM agencies, there are a number of factors, number of X factors
2:20:54PM that we think are going to prevent numbers from this time.
2:20:57PM Couple of those factors are, the number of participants.
2:21:01PM At the current location, the anticipated number of
2:21:03PM participants at the next location.
2:21:05PM The location right now versus the location in the middle of
2:21:09PM the neighborhood.
2:21:09PM Not only do you have, as captain O'Connor mentioned, a low
2:21:14PM number of arrests in the current location, participants are
2:21:19PM relatively con fined there.
2:21:22PM Concern with the new location is it will be in the middle of
2:21:25PM a residential area and you've got a transitory or migratory
2:21:28PM nature associated perhaps with going to get, go where the
2:21:33PM food is and going to spend the night, going to, I forget who
2:21:36PM mentioned providing the other services that are provided at
2:21:39PM the current location, by the Salvation Army.
2:21:42PM So the dynamics are so different, we're concerned about
2:21:45PM giving you numbers that are at best a very little use and at
2:21:49PM worst, maybe misleading.
2:21:51PM So what we decided the best course of action would be to
2:21:54PM work closely with TPD and monitor any increases, or
2:21:58PM decreases in activity at the new location and quantify those
2:22:02PM levels of activity with a cost.
2:22:04PM Now, we have to take some time to see what happens in the
2:22:10PM new location.
2:22:10PM We're challenged to find the methodology to give you all
2:22:15PM estimates of increased law enforcement cost in the area.
2:22:21PM >>LISA MONTELIONE: Not only law enforcement costs, I had
2:22:24PM asked about cleanup costs, impacts to already overbudget and
2:22:32PM solid waste division.
2:22:34PM Or to code enforcement for enforcing the codes that
2:22:39PM apparently have not been enforced.
2:22:41PM You had a very eloquent answer.
2:22:47PM I would venture to say it sounded a lot like a politician.
2:22:52PM Because there was a lot of words, but not a whole lot of
2:22:55PM substance there.
2:22:56PM We know how much it costs, I'm sure Mr. Slader can tell us
2:23:04PM how much it cost for a neighborhood cleanup.
2:23:06PM We have sweep cleanups all the time.
2:23:09PM But we can attribute to a geographic area.
2:23:13PM So, if we take that number and we divide it down by square
2:23:20PM footage to figure out how much it cost to clean up one
2:23:23PM I'm not talking about numbers that are, you know,
2:23:33PM inextractable from the accounting system that we have.
2:23:37PM We have challenges with the reporting systems because of our
2:23:41PM computer systems and things like that but, we can make
2:23:46PM deductions from the numbers we do have with the cost for a
2:23:50PM neighborhood cleanup.
2:23:51PM We can make deductions for how much it costs every time we
2:23:55PM send out an officer to monitor a situation.
2:23:59PM For instance, we have a nightclub problem in Ybor City.
2:24:02PM And an officer or a pair of officers has to be sent out.
2:24:07PM We know how much that cost.
2:24:08PM So, we can extrapolate from those line items, how much it
2:24:17PM costs to monitor a location that is serving a population
2:24:22PM that is breaking codes, breaking laws, breaks ordinances, or
2:24:30PM locations that need cleanups.
2:24:32PM I don't see why we can't assign numbers to those things.
2:24:35PM Reason, I want to see, I think it would be beneficial for
2:24:38PM all of us to see what's the impact is to our budget by not
2:24:46PM addressing the problem?
2:24:49PM So if we're going to have costs incurred now, give me -- I'm
2:24:59PM big on cost benefit analysis.
2:25:01PM Give me what it costs to provide all these services and
2:25:06PM let's compare it to the cost of opening up a location where
2:25:13PM port-a-lets, I think somebody mentioned could be provided.
2:25:17PM Or what I said a minute ago, trash or recycling containers
2:25:22PM can be provided, so the neighborhood isn't impacted by these
2:25:26PM We don't have to send out a neighborhood crew to clean up
2:25:29PM the neighborhood or have code enforcement respond because
2:25:31PM there's code enforcement issues with the location.
2:25:35PM As a city, let's put trash bins out on sidewalks, just like
2:25:39PM we do in our parks.
2:25:40PM That's what I'm trying to get at here.
2:25:46PM >> Thank you, ma'am.
2:25:47PM First let me apologize if you thought my response lacked
2:25:51PM I will admit.
2:25:52PM >>LISA MONTELIONE: We get accused of that all the time.
2:25:55PM >> I can say frankly I think I understand your request
2:25:58PM better now.
2:25:59PM Admittedly we approached it more from increase in law
2:26:02PM enforcement activity perspective.
2:26:04PM What you just suggested yes, we can provide that.
2:26:06PM I apologize for approaching from it the wrong direction.
2:26:17PM >>HARRY COHEN: It's been a very interesting discussion
2:26:20PM And obviously, all of us feel great frustration with the
2:26:25PM size of the homeless problem, that exists in our community.
2:26:28PM And it strikes me as you've looked at this, that in the
2:26:33PM absence of a large comprehensive program to deal with this
2:26:37PM issue, it falls to organizations like the Trinity Cafe to
2:26:43PM make progress dealing with this one person at a time.
2:26:47PM And while I am, was very sympathetic to way heard in terms
2:26:52PM of the concerns from the neighbors, the fact of the matter
2:26:55PM is that in the absence of comprehensive solution, and by the
2:27:00PM way, comprehensive solution is a lot larger than just the
2:27:04PM City of Tampa.
2:27:04PM With all due respect, it's Hillsborough County, it's the
2:27:08PM state of Florida.
2:27:09PM It's the entities that have true responsibility for
2:27:12PM providing social services in this community.
2:27:15PM In the absence of action from those entities, Trinity Cafe
2:27:21PM is the only game in town for a lot of people to get a hot
2:27:25PM meal every day.
2:27:26PM And you know, I think what everyone up here said in one way
2:27:30PM or the other this afternoon is that when the need goes away,
2:27:34PM a lot of these problems will solve themselves.
2:27:37PM But as long as there's a need, it falls to Trinity and other
2:27:44PM organizations like it to provide it.
2:27:46PM And you know, this conversation got very emotional with some
2:27:50PM of the neighbors, but we really do need to remember that the
2:27:53PM Trinity Cafe and organizations like it are doing this really
2:27:58PM out of the goodness of their hearts.
2:28:00PM And they're trying to solve a problem and the problems just
2:28:04PM getting larger.
2:28:05PM And they're making a dent in it one person at a time.
2:28:08PM So, as we all move forward together as a community, I hope
2:28:12PM we will all keep that in mind and think about that as we try
2:28:16PM to work together.
2:28:25PM >> As I feel the frustration Council has and I just wanted
2:28:29PM to bring autopsy point.
2:28:31PM Doesn't directly relate to the Trinity Cafe.
2:28:33PM But the frustration, file the frustration in sector F,
2:28:37PM that's down here, Chief Castor feels the frustration, Mayor
2:28:40PM Buckhorn does.
2:28:41PM What we did as a proactive way and the mayor allowed us to
2:28:46PM do and it's in its early stages right now, but I just wanted
2:28:49PM to bring it tower attention to know that we are air wear of
2:28:52PM the citizens' concerns.
2:28:54PM And we assigned an officer full time as what we're going to
2:28:58PM call homeless liaison officer position.
2:29:01PM That officer is going to directly try to work together with
2:29:04PM the organizations that help the homeless and we want him to
2:29:07PM become like a resident expert in the department.
2:29:10PM And that's very early on.
2:29:12PM It just started, but it's starting to see some good things.
2:29:15PM I wanted to make you guys aware of that.
2:29:19PM >>MARY MULHERN: Councilwoman Montelione?
2:29:22PM >>LISA MONTELIONE: Can I say hallelujah?
2:29:24PM I think one of us, I'm not sure which one of us, but months
2:29:28PM and months and months ago were an officer of that type of
2:29:38PM assignment because we all read about the Hillsborough County
2:29:40PM Sheriff's Officer who was doing it in Hillsborough County.
2:29:44PM And I believe that unfortunately, his command structure
2:29:51PM wasn't really happy about the story, and he may not be doing
2:29:54PM that any longer.
2:29:55PM But there's a big story in the then St. Petersburg times,
2:29:59PM about that sheriff doing exactly that.
2:30:03PM And the day after we read it, we all talked about it.
2:30:06PM So, I'm thrilled and wish that that news would have come to
2:30:11PM us before we had these lengthy conversations about what we
2:30:17PM >> Well, it's brand new and he has, the Hillsborough County
2:30:19PM deputy is still currently doing that.
2:30:22PM >>LISA MONTELIONE: Yay!
2:30:26PM >> It's an evolving position, we just don't have all the
2:30:30PM particulars right yet.
2:30:31PM But we are working on it.
2:30:33PM >>MARY MULHERN: Thank you.
2:30:34PM Councilmember Capin?
2:30:37PM >>YVONNE CAPIN: It just goes exactly to what this Council
2:30:40PM has been all along.
2:30:41PM Trying to be proactive.
2:30:43PM Wanting to be proactive and that part is important.
2:30:47PM Now, as far as the sheriff was concerned, I read that
2:30:50PM And I thought that was very kind of him.
2:30:53PM Of course, he was doing it on his, without authority, and he
2:31:02PM was doing it on the time that was not allotted for that.
2:31:07PM So, which was taxpayer dollars.
2:31:10PM It's the taxpayer dollars were going to the, to help that,
2:31:15PM the people he was helping.
2:31:17PM So I understand, I wasn't against it.
2:31:20PM I just understand why he was.
2:31:22PM (temporary audio disconnect)
2:31:58PM >> They neighborhood to know that they have someone
2:32:00PM proactive on behalf of neighborhood services, neighborhood
2:32:07PM relations to work with them and to, with Trinity Cafe.
2:32:11PM I mean, again, be proactive.
2:32:15PM >> Good afternoon, Council.
2:32:16PM Jake Slater, code enforcement this week.
2:32:21PM Next week on neighborhood services, hopefully.
2:32:23PM [ Laughter ]
2:32:25PM >> Let me say something.
2:32:27PM I've been with the city for 37 years, 30 with TPD.
2:32:32PM Last seven or eight with business tax and now with code
2:32:35PM And this is all of our problem.
2:32:37PM Just not Tampa PD.
2:32:40PM Not code enforcement, just not City Council, just not legal,
2:32:43PM it's a community problem.
2:32:44PM And I know there's going to be one of my major problems in
2:32:50PM the next couple of weeks.
2:32:51PM I think that there was some good ideas.
2:32:57PM I think it's going to take a better partnership, if I could
2:33:00PM just show, I had a couple photographs here.
2:33:07PM This is a scene last week, and talked about thing lines,
2:33:13PM talked -- the queuing lines.
2:33:15PM Talked about the right-of-ways.
2:33:16PM This happens every day.
2:33:18PM Not just on the weekends, not just on Friday nights.
2:33:21PM This happens every single day out there.
2:33:22PM And the people are out there, probably an average of 100 to
2:33:28PM 125 during meal time.
2:33:30PM And after they eat a meal, they don't have any place to go.
2:33:33PM And they queue down Henderson Boulevard.
2:33:39PM And it creates a problem.
2:33:43PM For the neighborhoods.
2:33:45PM Trash and debris.
2:33:48PM At code enforcement, we have been out there working the
2:33:54PM vacant lots, but this is what we deal with every single day.
2:33:57PM City is out there every single morning from about 8:30 to
2:34:03PM about 10.
2:34:03PM I don't have a cost on that because we took that over.
2:34:08PM But I've worked on the corks.
2:34:12PM This is what happens out there.
2:34:14PM Just as has been mentioned before.
2:34:19PM I think everybody needs to do a better job.
2:34:22PM Our part and also on the part of the Trinity Cafe.
2:34:26PM We are more than happy to do anything we can, but in the
2:34:34PM code enforcement, we average about 30,000 case as year with
2:34:38PM 24 inspectors.
2:34:39PM And I know again this is going to be one of our main overall
2:34:48PM But I don't have the answer.
2:34:50PM I don't.
2:34:51PM I think we sat down last week with legal and Tampa PD and
2:34:59PM LDC and myself and we came up with some good thoughts.
2:35:03PM But it's going to affect the neighborhood.
2:35:05PM And anybody who doesn't think it is is not really looking at
2:35:10PM the entire picture.
2:35:11PM And I want to be prepared to have some tools to enforce it.
2:35:16PM Whether it's on the queue lines or whether on the trash and
2:35:21PM debris, whether it's garbage cans, has to be something.
2:35:26PM Because working at the PD back in 2 other and 80s,
2:35:30PM Nebraska Avenue used to be tough over there.
2:35:32PM Prostitution, narcotics, pitches.
2:35:36PM People -- pimps, people from out of town.
2:35:40PM I almost got called at the Lindell hotel back in the early
2:35:44PM 80s working prostitution.
2:35:47PM Spent a week in Tampa general.
2:35:49PM I know the area over there.
2:35:50PM And I don't want to see it go back to that area.
2:35:53PM This is going to take all of us.
2:35:57PM Not just me, not just Tampa PD.
2:36:00PM Not legal, just not Tom and Dennis.
2:36:02PM It is going to be the City of Tampa here.
2:36:04PM And you can count on me.
2:36:07PM And I would like to come back with some better answers if it
2:36:12PM does move, but, that's the bottom line.
2:36:18PM That's how I think.
2:36:19PM I know the area real well.
2:36:23PM >>YVONNE CAPIN: I for one would like to hear you come back
2:36:26PM with, later on with some tools that we may be able here at
2:36:32PM City Council to legislate, to help you in your enforcement,
2:36:38PM if that's possible.
2:36:39PM That's one, but it will tax it does take everyone.
2:36:44PM As a community.
2:36:45PM >> There's one thing I heard in code enforcement.
2:36:49PM You either come down too hard or else you're not even doing
2:36:52PM It was easier at Tampa PD because everything seemed to be
2:36:57PM black and white.
2:36:58PM Over here, it's, how can we -- how come we do this, how come
2:37:03PM you're not doing this?
2:37:04PM But this is going to take some understanding on both parts.
2:37:07PM What we can work with, what our authority are, and what we
2:37:14PM can't do.
2:37:15PM We can't just arrest anybody out there for loitering on the
2:37:19PM streets on the right-of-way.
2:37:20PM The queuing lines is a good idea.
2:37:26PM >>MARY MULHERN: Thank you.
2:37:26PM I just would second that.
2:37:29PM And ask, legal and TPD and code enforcement to come back
2:37:34PM with what can we do?
2:37:36PM Because that's the frustration that we have, is we're
2:37:39PM sitting here, we don't know what we can do.
2:37:42PM So if there are some tools, some regulations that we could
2:37:46PM pass, that would help, let us know what they are.
2:37:49PM >> I think we have a good working group now with ourself and
2:37:52PM TPD and legal and LCD and Dennis on board.
2:37:55PM I think we can come back.
2:37:57PM I think we should look at other cities, see if they've had
2:38:00PM any other similar situations where they've had an area like
2:38:05PM this move into a residential area, and see what type of
2:38:09PM tools or what type of negative effect, or maybe positive
2:38:15PM See if we can turn it around.
2:38:17PM Because I know that it's, like taking over neighborhood
2:38:22PM services, I don't want to be the point man.
2:38:24PM >>MARY MULHERN: You just spoke three departments for us on
2:38:27PM this list, neighborhood services, and code enforcement and
2:38:31PM business tech.
2:38:36PM >> It's all my plate.
2:38:37PM I'll be more than happy to help out anyway I can.
2:38:41PM >>YVONNE CAPIN: I made the motion, you sec?
2:38:48PM >>MARY MULHERN: If you make the motion, someone can second
2:38:51PM >> Re-make the motion and giver as you date certain planning
2:38:56PM to come back.
2:38:57PM >>YVONNE CAPIN: Thank you.
2:38:58PM I'd like, the motion is for law enforcement, code
2:39:04PM enforcement basically as a team, we are a team, we're trying
2:39:08PM to work, and yes, and actually people with the Trinity Cafe
2:39:12PM is doing is positive feeding these people.
2:39:16PM Now, how do we make it more positive?
2:39:19PM And that's what we're all looking for.
2:39:21PM So again, to come back to us here at City Council with what
2:39:27PM tools or legislation that we may be able to pass to enhance
2:39:35PM both the law enforcement, code enforcement and land
2:39:42PM >> Just one more thing real quick.
2:39:44PM One of the things that has happened the last couple days
2:39:47PM I've been to looking into, the number of vacant homes in the
2:39:50PM Because I know that's going to be a problem.
2:39:52PM We have to make sure they're boarded up, secured, locked
2:39:56PM And unfortunately, this area has a lot of vacant property.
2:39:59PM And I don't want to see those actually homeless become
2:40:04PM gadgets points, nighttime overstay.
2:40:09PM So we're going to have to really work on that very, very
2:40:12PM hard the next couple weeks.
2:40:14PM >>YVONNE CAPIN: We are March 1.
2:40:16PM Would 30 days be sufficient?
2:40:35PM >> 60 days would be better.
2:40:37PM >>YVONNE CAPIN: Which May 3rd would be our first regular
2:40:39PM session, 60 days.
2:40:41PM That would give us.
2:40:42PM Thank you.
2:40:42PM That's my motion.
2:40:45PM >>MARY MULHERN: Is there a second?
2:40:46PM Let me just add, there's one more department.
2:40:50PM Abbye Feeley, land development.
2:40:52PM Did you want to speak?
2:40:55PM You're welcome to.
2:40:56PM Land development was on the list.
2:40:59PM You're fine?
2:41:02PM Oh, Thom already spoke.
2:41:04PM >> What Julia said.
2:41:05PM Thom Snelling, planning development.
2:41:08PM Julia outlined very well the land use issues, which she
2:41:12PM obviously knows there's nothing in front of you that you can
2:41:14PM vote on.
2:41:15PM I'm getting the feeling now that's really not so much what
2:41:17PM this was about.
2:41:18PM It was more by think what is now happened at the outcome
2:41:22PM about going back and trying to identify some additional
2:41:25PM mitigate things that we can bring back to the table.
2:41:28PM 60 days I think we will be able to bring something back for
2:41:33PM >>MARY MULHERN: We have a motion and second.
2:41:35PM All in favor?
2:41:37PM Anyone oppose?
2:41:41PM >>MARY MULHERN: Thank you all.
2:41:42PM Back to our regular agenda.
2:41:50PM Item number 55.
2:41:51PM Do we need a motion to open?
2:42:01PM We're already opened.
2:42:02PM >> Yes.
2:42:04PM >> Good afternoon, Council, Abbye Feeley, land definitely
2:42:07PM coordination, planning and development.
2:42:09PM Items number 55, 56, 57, and 58 and 59 were from last
2:42:16PM month's night hearing.
2:42:17PM They all required certified site plans, those site plans
2:42:21PM have been certified and provided to the clerk.
2:42:24PM I also have those available should you wish to review them
2:42:27PM or ask any questions.
2:42:28PM Thank you.
2:42:33PM >>MARY MULHERN: Is there anyone from the public wishing to
2:42:35PM speak on item number 55?
2:42:38PM >> Move to close.
2:42:39PM >> Second.
2:42:39PM >>MARY MULHERN: All in favor?
2:42:40PM Councilwoman Montelione, could you read that?
2:42:47PM >>LISA MONTELIONE: Certainly.
2:42:48PM I present an ordinance for second reading and adoption, an
2:42:55PM ordinance rezoning the property in the general vicinity of
2:42:58PM 403, 405, 407, 503 west Dr. Martin Luther King, Junior
2:43:03PM Boulevard in the City of Tampa, Florida, and more
2:43:05PM particularly described in section 1, from zoning district
2:43:07PM classifications, RO 1, residential office and RS-50
2:43:11PM residential single-family to SH-PD Seminole Heights planned
2:43:17PM development, medical and business professional retail,
2:43:19PM providing an effective date.
2:43:21PM >>MARY MULHERN: Motion made by Councilwoman Montelione,
2:43:23PM seconded by Councilman Suarez.
2:43:26PM Please vote and record.
2:43:36PM >>THE CLERK: Motion carried with Miranda being absent at
2:43:41PM >>MARY MULHERN: Item number 56.
2:43:43PM Anyone from the public wish to speak on item number 56?
2:43:49PM >> Move to close.
2:43:50PM >> Second.
2:43:51PM >>MARY MULHERN: All in favor?
2:43:52PM Anyone opposed?
2:43:54PM Council Cohen?
2:43:57PM >>HARRY COHEN: I move an ordinance being presented for
2:43:59PM second reading and adoption.
2:44:00PM An ordinance rezoning property in the general vicinity of
2:44:04PM 3515 South Dale Mabry Highway, in the City of Tampa, Florida
2:44:08PM and more particularly described in section 1, from zoning
2:44:12PM district classifications, CG, commercial general, to PD,
2:44:16PM planned development, restaurant with drive-in window,
2:44:19PM providing an effective date.
2:44:20PM >> Second.
2:44:21PM >>MARY MULHERN: Motion made by Council Cohen, seconded by
2:44:25PM Council Suarez.
2:44:26PM Please vote and record.
2:44:36PM >>THE CLERK: Motion carried with Miranda being absent at
2:44:45PM >>MARY MULHERN: Item 57.
2:44:47PM Does anyone wish to speak on item number 57?
2:44:52PM >> Motion to close, second.
2:44:54PM >>MARY MULHERN: All in favor?
2:44:55PM Anyone opposed?
2:44:56PM Councilmember Reddick, could unread that?
2:45:03PM >>FRANK REDDICK: Move ordinance being presented for second
2:45:05PM reading and adoption, an ordinance rezoning property in
2:45:08PM general vicinity of 1503 South Howard Avenue in the City of
2:45:11PM Tampa, Florida, and more particularly described in section
2:45:14PM 1, from zoning district classifications, RM-24, residential
2:45:20PM multifamily, to PD, planned development, office and business
2:45:24PM professional, residential multifamily, RM-24, providing an
2:45:30PM effective date.
2:45:32PM >> Second.
2:45:33PM >>MARY MULHERN: Motion made by Councilmember Reddick.
2:45:38PM Second by Councilmember Suarez.
2:45:39PM Please vote and record.
2:45:42PM >>THE CLERK: Motion carried with Miranda being absent.
2:45:53PM >> Item 5, is there anyone from the public wishing to speak
2:45:56PM on item number 58?
2:45:59PM >> Move to close.
2:46:00PM >> Second.
2:46:00PM >>MARY MULHERN: All in favor?
2:46:01PM Councilwoman Capin, could you read that?
2:46:08PM >>YVONNE CAPIN: Thank you, madam charity.
2:46:09PM An ordinance being presented for second reading and
2:46:14PM An ordinance rezoning property in the general vicinity of
2:46:17PM 4006 South MacDill avenue in the City of Tampa, Florida,
2:46:21PM more particularly described in section 1, from zoning
2:46:23PM district classifications, PD, planned development, tea room,
2:46:28PM children, gift and bridal shop and all CN uses, to PD,
2:46:32PM planned development, office, business professional,
2:46:35PM providing an effective date.
2:46:36PM >> Second.
2:46:38PM >>MARY MULHERN: Motion made by Councilwoman Capin, seconded
2:46:41PM by Councilmember Suarez.
2:46:43PM Please vote and record.
2:46:50PM >>THE CLERK: Motion carried with Miranda being absent.
2:46:54PM >>MARY MULHERN: Item number 59.
2:46:56PM Does anyone wish to speak on item number 59?
2:47:01PM >> Motion to close.
2:47:02PM >> Second.
2:47:03PM >>MARY MULHERN: All in favor?
2:47:04PM Councilman Suarez, could you read 59?
2:47:13PM >>MIKE SUAREZ: I present ordinance for second reading and
2:47:16PM adoption, ordinance rezoning property in the general
2:47:19PM vicinity of 5003, 5005, west Azeele Street in the City of
2:47:23PM Tampa, Florida, more particularly described in section one,
2:47:26PM from zoning district classification, Rays 75, residential
2:47:29PM single-family to PD, planned definitely, residential,
2:47:33PM single-family, detached.
2:47:35PM Providing an effective date.
2:47:37PM >>MARY MULHERN: Motion made by Councilman Suarez, second by
2:47:42PM Councilman Reddick.
2:47:43PM Please vote and record.
2:47:45PM >>THE CLERK: Motion carried with Miranda being absent.
2:47:54PM >>MARY MULHERN: We move on to our 10:00 a.m. staff reports.
2:47:58PM [ Laughter ]
2:48:02PM >>MARY MULHERN: Item number 60.
2:48:05PM >> Good afternoon, Council, Randy gas, Thom Snelling had to
2:48:08PM make another point, so am I'm standing in for him.
2:48:11PM This is the approval of a contract with the City of Tampa
2:48:15PM AECOM for the Nebraska corridor or primary transit corridor
2:48:18PM master plan and downtown vision plan.
2:48:24PM I'm here to answer any questions.
2:48:29PM >>MARY MULHERN: Any questions?
2:48:32PM >> Move resolution 61.
2:48:34PM >> Second.
2:48:35PM >> Motion made by Councilman Reddick, seconded by Councilman
2:48:40PM All in favor?
2:48:41PM Anyone opposed?
2:48:46PM >>MARY MULHERN: Thank you.
2:48:46PM Item number 61, I don't know if we, we have to move that.
2:48:54PM There's a request for continuance.
2:48:56PM >> I move item 61 to March 15th, regular session.
2:49:02PM Excuse me, regular session.
2:49:06PM Under staff reports.
2:49:07PM >> Second.
2:49:09PM >>MARY MULHERN: Motion made by Councilman Suarez, seconded
2:49:14PM Councilman Cohen.
2:49:15PM All in favor?
2:49:16PM Anyone opposed?
2:49:17PM Item number 62.
2:49:23PM >> Julia Cole, legal department.
2:49:25PM City Council had requested that the legal department review
2:49:27PM the current legislation, which is pending in Tallahassee, as
2:49:31PM it relates to the sale and distribution of synthetic or
2:49:36PM artificial drugs, the K 2 or the bought salts.
2:49:40PM I have pulled out those two, I pulled the legislation.
2:49:45PM At this point, what is pending would include an additional
2:49:51PM 92 substances, which are intended to detail with the K 2
2:49:57PM slash back salts issue, as controlled substance.
2:50:00PM Right now there's only 50 under the classification.
2:50:03PM This would increase it by an additional 92 to provide
2:50:06PM greater opportunities for local law enforcement to arrest
2:50:12PM and cite the K2 slash bath salt type of drug.
2:50:17PM The bill has been approved by the house.
2:50:21PM Under companion bill that is pending in the senate, I looked
2:50:24PM this morning, it has gone through first read of that bill,
2:50:28PM so at this point, I think there's a fairly good likelihood
2:50:33PM that you will see that amendment made to the legislation as
2:50:37PM it relates to controlled substances to include all of these
2:50:39PM substances as part of them.
2:50:41PM Given the way that the legislation pending is drafted and
2:50:45PM actually the Florida statutory provisions, which is directly
2:50:49PM on point, I do think that City Council is limited and
2:50:53PM somewhat preempted in the regulation of these types of
2:50:56PM substances, certainly there are new substance that is can
2:50:59PM come out, you know, and we, that may not fall directly under
2:51:05PM these chemical composition that is they put in the
2:51:08PM legislation, but even the legislation does have some
2:51:11PM additional opportunities that if it doesn't specifically
2:51:14PM delineated, if there's like a new chemical compound that
2:51:17PM comes out, then they also fall under the state legislation
2:51:21PM as to what the -- what's a controlled substance.
2:51:24PM We just go ahead and continue to monitor to make sure that
2:51:27PM this legislation moves forward.
2:51:30PM In addition, we did do some research as to what other
2:51:33PM jurisdictions have done.
2:51:34PM And we couldn't find that any other jurisdiction attempted
2:51:37PM to regulate substances have not been found to be controlled
2:51:41PM substances by the state legislature, but are causing
2:51:45PM I'm not really finding any other jurisdiction is doing that.
2:51:47PM But what some jurisdictions are doing, is beefing up the
2:51:50PM provisions of their public nuisance abatement board and to
2:51:53PM provide additional opportunities to utilize some of those
2:51:56PM processes against, that wouldn't be against the people who
2:52:01PM are selling -- I'm sorry, the manufacturers who are
2:52:04PM providing these substances, but it would allow some
2:52:08PM opportunities to have some enforcement opportunities against
2:52:11PM some of these shops which are selling substances.
2:52:16PM I'm not really sure exactly how that would work in terms of
2:52:20PM our process.
2:52:21PM But it is certainly something once this legislation has been
2:52:23PM adopted, we could look at and bring back to City Council.
2:52:26PM Thank you.
2:52:28PM >>MARY MULHERN: Councilman Reddick?
2:52:30PM >>FRANK REDDICK: Thank you, Madam Chair.
2:52:35PM With one week left in the legislative session, and if this
2:52:42PM is not passed in both houses, house and senate, it's
2:52:48PM probably this year slim chance, with the final week, most of
2:52:53PM the things dedicated towards budgets, budget items during
2:52:57PM the last week.
2:52:59PM The city, we could not put an ordinance in place that
2:53:09PM enforceable to regulate businesses in this community from
2:53:14PM selling synthetic drugs in the City of Tampa, within the
2:53:18PM City of Tampa limits.
2:53:19PM We can do that as a Council.
2:53:22PM >> Let me just say the provisions in the new legislation do
2:53:26PM not pass, I will tell from you what I'm told, to people who
2:53:30PM deal with stuff in Tallahassee, way more than I do.
2:53:33PM There's a reasonably good chance that it will pass.
2:53:36PM Doesn't pass, it is at least enough information as part of
2:53:40PM that legislation that I think I would feel a lot more
2:53:42PM comfortable that we can then adopt the local ordinance.
2:53:45PM The problem with regulating quote these synthetic drugs from
2:53:50PM a local perspective is, first of all, identifying what the
2:53:54PM substances are.
2:53:55PM And second of all, making sure that the state hasn't somehow
2:53:58PM preempted us from regulating those types of substances.
2:54:04PM An additional 92 substances, if they decide not to adopt
2:54:07PM this, then I think we might have some options.
2:54:10PM But to try to identify, that nobody knows exists yet and
2:54:14PM then try and regulate those, when there's also language in
2:54:17PM this legislation which would extent the reach of controlled
2:54:23PM substances to what they call different isomers and different
2:54:27PM types of substances which have the same effect.
2:54:31PM I think if this passes, we probably are a lot more limited,
2:54:34PM that if it doesn't pass, then I think I would feel a lot
2:54:38PM more comfortable bringing something forward because chemical
2:54:42PM compositions have been identified.
2:54:43PM A lot of files from my research and from what I've heard and
2:54:46PM what actually was testified to when this originally came to
2:54:49PM Council, you had substances that are created and they're
2:54:53PM not -- being used for their intended purposes.
2:54:56PM So, it's difficult to identify the effect of those
2:55:00PM substances until you've got some scientific proof behind
2:55:04PM And that's what's in a sense good about what they've done at
2:55:07PM the state level, because they've identified so many
2:55:10PM additional substances.
2:55:12PM Almost 100, where it was only limited, they're actually
2:55:15PM adding almost a hundred new substances to 50 that were in
2:55:18PM existence before.
2:55:20PM If they don't pass that I think that gives us some good
2:55:22PM background, scientific information for to us look at and
2:55:26PM base our regulation, plus, you know, gives our police
2:55:30PM officers opportunities to know what the chemical compounds
2:55:34PM Certainly in order to arrest somebody for having a chemical
2:55:37PM compound we're going to find illegal, we'd have to have
2:55:40PM laboratories and other such scientific opportunities
2:55:43PM available so we can prove up our cases.
2:55:47PM So, in the event that it doesn't pass, I think we might have
2:55:49PM greater opportunities in the event that it does pass, I
2:55:52PM think that they really have made greater effort to try and
2:55:57PM create a definition of controlled substances that include so
2:56:01PM much more than they had in the past, that they have
2:56:04PM preempted and taken away that regulatory authority, but it
2:56:07PM also makes it illegal through the state and it gives law
2:56:09PM enforcement a lot greater opportunities and the thing that
2:56:13PM may give us an opportunity to do is to beef up our public
2:56:16PM nuisance abatement board regulations to create not just
2:56:20PM criminalization opportunities, but also opportunities to go
2:56:23PM after some businesses and fine the businesses, etcetera.
2:56:27PM >>FRANK REDDICK: All right.
2:56:27PM Well the ones that are very popular in the community that
2:56:34PM most of the young people are using, I don't go out and buy
2:56:40PM samples of all of them.
2:56:41PM And I'm going to bring them back here.
2:56:44PM So everybody can take a look at them and tell me, is this a
2:56:49PM problem or not?
2:56:51PM I'm warning everybody at the stores now, I'm going out there
2:56:54PM and I'm going to shop.
2:56:56PM And I'm going to buy different products.
2:56:58PM They can come with me.
2:57:04PM I want to go out and buy them and I'm going to bring them
2:57:08PM back, because easy to buy in my neighborhood.
2:57:14PM They're on the counter.
2:57:15PM Some called jack, and some called all this other stuff.
2:57:20PM But I'm going out there and bay.
2:57:21PM So I want to bring back, just in case this bill not pass in
2:57:27PM Tallahassee, law enforcement can have the sample and we want
2:57:30PM to see what we can do to regulate these synthetic drugs in
2:57:35PM this city.
2:57:36PM >> I don't know if there would be value in maybe having me
2:57:39PM come back in two weeks and report back as to the status --
2:57:42PM it might actually be like three or four weeks.
2:57:45PM Wait for the governor to sign, the status of the
2:57:48PM legislation, because, and then at that point, maybe if
2:57:51PM there's a different recommendation given the status of the
2:57:54PM legislation, we could make some different recommendations at
2:57:56PM that point in time.
2:57:58PM >>MARY MULHERN: Okay, Councilwoman Montelione, Councilmember
2:58:03PM Cohen, Councilmember Suarez.
2:58:08PM >>LISA MONTELIONE: In case the legislature doesn't pass any
2:58:10PM type of regulation, I hope they do but if they don't, I
2:58:14PM think we need to look maybe outside the box.
2:58:19PM Because one of the most famous organized crime figures was
2:58:23PM not brought down by violating Rico or by the many multitude
2:58:30PM of murder charges he could have been found on.
2:58:34PM He was brought down by tax evasion.
2:58:36PM So if there isn't a way for us to regulate substances, which
2:58:42PM are maybe -- they change day to day.
2:58:46PM Every time you put a regulation on one substance, some very
2:58:50PM crafty chemist comes up with something else.
2:58:54PM So staying a step ahead of the creative chemists making
2:58:59PM money is going to be tough.
2:59:00PM Maybe we can look at other types of things.
2:59:03PM False advertising, or sales of, products to minors that,
2:59:10PM like cigarettes, they can't have cartoon characters on them.
2:59:15PM We need to -- I don't know what it is.
2:59:17PM But get my drift.
2:59:18PM We need to look outside the box and find some other way of
2:59:23PM regulating or harnessing the ability to remove these from
2:59:29PM retailers' shelves without relying on the state legislature
2:59:34PM or naming the exact right chemical substance compound.
2:59:38PM >> If I may, I actually did kind of ponder some of these
2:59:41PM thoughts about how you can regulate the content of the
2:59:44PM advertising and those issues.
2:59:46PM And I'm not going to suggest to you as I stand here right
2:59:49PM now that I have the full answer for that.
2:59:51PM I do think the first step is getting to some conclusion on
2:59:54PM how the state is handling it.
2:59:56PM And I think once we have that question answered, we might
3:00:00PM have some other options.
3:00:04PM I do have some concerns regulating advertising from a local
3:00:08PM government level.
3:00:09PM There's obviously first amendment issues and those kinds of
3:00:12PM Certainly if you're going to put something in place, it's
3:00:15PM got to be something that's enforceable and something that
3:00:17PM our police department feels comfortable that they could
3:00:20PM bring a case against.
3:00:21PM So my recommendation is let's wait and see what happens at
3:00:24PM the state legislative level, to come back in 30 days.
3:00:26PM That will give enough time for anything to happen at the
3:00:29PM legislature and also if there's -- make sure the governor
3:00:31PM actually signs off on whatever it is.
3:00:34PM And then we'll have some better opportunities to know where
3:00:38PM our limitations are.
3:00:41PM >>LISA MONTELIONE: Then I'll motion for you to come back
3:00:43PM April 19th under, as our regular City Council, regular
3:00:46PM session, at sock a.m. under staff reports.
3:00:50PM >> Second that.
3:00:52PM >>MARY MULHERN: Motion by Councilwoman Montelione, seconded
3:00:55PM by Councilmember Reddick.
3:00:57PM Did you want to speak before we?
3:01:03PM Councilman Suarez?
3:01:05PM >> No.
3:01:05PM >>MARY MULHERN: All in favor?
3:01:06PM Anyone opposed?
3:01:08PM Any other discussion?
3:01:13PM We will move on tie tem number 63.
3:01:19PM >> Good afternoon, Madam Chair.
3:01:21PM Jan McLean, legal department.
3:01:23PM I'm here to give a brief update on some other legislative
3:01:26PM activities that we have been, have been occurring.
3:01:32PM You've probably read a significant amount of activity over
3:01:35PM the previous couple of months on bill, there's house bill
3:01:41PM And it's companion senate bill 1086, which is a bill which
3:01:46PM would clarify the law that the water management district do
3:01:50PM not have statutory authority to regulate reclaimed water.
3:01:54PM This is moved through the house, passed all the committees,
3:01:59PM and passed all the house on house floor and city over senate
3:02:04PM Senate bill 1086, we're hoping that it will be withdrawn
3:02:08PM from the committee that it is referred to right now.
3:02:13PM It was in a committee, but subcommittee, and on Tuesday,
3:02:19PM they didn't have the time left to hear it, to consider it.
3:02:22PM So we're trying to move the bill forward.
3:02:24PM This is very important for the city, with regard to our
3:02:28PM reclaimed water and quantities that we treat and now are
3:02:34PM operating under multiple permits.
3:02:36PM And to have it readily available for any plans that the city
3:02:40PM may have in the future, whether it would be an expansion of
3:02:42PM our re claimed system for lawn irrigation or whether we
3:02:46PM might be able to provide it to large industrial users.
3:02:48PM But it gives us the flexibility and certainty on which we
3:02:52PM can rely in order to move forward, to use that within the
3:02:56PM scope of the plan that is we have.
3:02:58PM So I kind of wanted to give you that update.
3:03:01PM I didn't know if anyone had questions on the press coverage
3:03:06PM that we.
3:03:07PM Then I have one more issue if I could bring it up with the
3:03:10PM legislative week message.
3:03:13PM Yes, sir?
3:03:14PM >> I was going to say --
3:03:16PM >>MARY MULHERN: Do you want to deal with those first?
3:03:18PM Or do you want to tell us your other issue?
3:03:22PM >> The other one is legislative issue, but it's not
3:03:24PM connected with this.
3:03:26PM >>MARY MULHERN: Councilman Suarez?
3:03:27PM >>MIKE SUAREZ: Thank you, chair.
3:03:28PM For whatever reason, I was involved in some part of this
3:03:31PM earlier this year.
3:03:32PM I think that we need to and if you could, Jan, quickest way
3:03:38PM possible, explain why, not why it's important to us, but why
3:03:42PM it's not actually change the way that water is, the
3:03:48PM definition of what water truly is, the waters of the state.
3:03:51PM The biggest issue that we had was, there were
3:03:55PM environmentalists who were saying that this was the
3:03:57PM beginning of a slippery slope where we would own water.
3:04:01PM And that make it more like western states, where certain
3:04:07PM jurisdictions own water, they sell water, whereas in
3:04:10PM Florida, all water typically is considered property of all
3:04:15PM the citizens of the state of Florida.
3:04:17PM If you could explain a little bit about that, because that
3:04:21PM was really the Nexus of both the article and the editorial
3:04:27PM that was brought out against this particular bill.
3:04:31PM And really try to say that we were trying to change the
3:04:35PM rules so that the, all the state would become a place where
3:04:42PM water would be sold and owned when in fact it's not now.
3:04:47PM If you could explain the difference between our permitting
3:04:49PM process and how it doesn't change it and also what those
3:04:54PM definitions meant.
3:04:55PM Because I think that's important.
3:04:56PM >> Sure.
3:04:57PM The basis of the Florida water law is as Mr. Suarez says,
3:05:01PM that water is a resource to be held in trust for all of its
3:05:08PM And the systematic management of that is through the water
3:05:12PM management district, consumptive use permitting program.
3:05:15PM And what you get is a permit to use the water for the
3:05:18PM duration. Permit.
3:05:20PM But the key here is what is water?
3:05:23PM And waters, I know that may sound like a sort of ridiculous
3:05:27PM thing, but if you put in it legal context of course, we
3:05:30PM always have longest explanation for it.
3:05:32PM The basis of authority for the water management districts to
3:05:36PM regulate waters in the state, a definition is held in the
3:05:41PM And has been in there since 1970s, when the Florida water
3:05:46PM resources act was enacted.
3:05:49PM Not been changed.
3:05:50PM And in the course of that time, reclaimed water was not a
3:05:56PM drop in somebody's imagine nation, something other than
3:06:00PM And so, as the regulatory concept moved forward, the
3:06:06PM consumptive use was always of traditional sources,
3:06:09PM groundwater, surface water, then the alternative sources
3:06:12PM became available, like de-sal water.
3:06:15PM Alternative sources include reclaimed water, but because
3:06:21PM there are alternatives, they're not under in our opinion
3:06:24PM waters in the state subject to the consumptive use
3:06:27PM permitting regulation of a water management district.
3:06:30PM Statewide reclaimed working group, as other representatives
3:06:37PM from the utilities and water management district, DEP, all
3:06:40PM across the state, in order to address issues with regard to
3:06:44PM reclaimed water, including who has the authority to regulate
3:06:48PM It is regulated by the Florida department of environmental
3:06:52PM protection for water quality.
3:06:55PM And through their PDF permitting program.
3:07:00PM For us to have to have it subjected to the water management
3:07:04PM district's authority for consumptive use permitting
3:07:07PM regulation, it would alter the course of what we believe
3:07:13PM should have been done.
3:07:15PM So over the course of time in this reclaimed working group,
3:07:19PM we settled all the issue we could reach consensus on.
3:07:24PM And then this one issue, which is who has that authority.
3:07:27PM The city with other utility folks came to the realization
3:07:32PM that we had to have that clarification in the statute.
3:07:35PM Reclaimed water is not a naturally occurring water.
3:07:39PM And when you read the definition of waters in the state,
3:07:42PM they're all naturally occurring waters.
3:07:44PM And that's what was envisioned, we believe, when the water
3:07:48PM resurface act was enacted in '72.
3:07:51PM So, what we had put forward was a revision from definition
3:07:55PM of waters in the state.
3:07:57PM And there was an immediate response from environmental
3:08:01PM organizations and others who felt that if we did this we
3:08:05PM were going to somehow own this water and not have it
3:08:09PM available for use, which was not what we intended at all.
3:08:13PM So we worked through Representative Young, Danny Young is
3:08:18PM our house sponsor, worked very hard with all the different
3:08:22PM stakeholders and came to an agreement where we proposed an
3:08:26PM amendment, which has been accepted on both sides, the house
3:08:29PM and the senate, where we removed the revision to waters in
3:08:32PM the state.
3:08:33PM But we included a definition of reclaimed water a little bit
3:08:38PM more focused.
3:08:39PM And specifically said that reclaimed water as defined would
3:08:44PM not be regulated by water management district under their
3:08:47PM consumptive use permitting program.
3:08:49PM And that seemed to be agreeable to all the parties.
3:08:55PM So that was the key issue whether we were going to privatize
3:08:59PM the water, which was never going to happen.
3:09:02PM Which you couldn't do because water resources are held in
3:09:04PM the public trust.
3:09:05PM So it was sort of an ongoing argument that we weren't ever
3:09:09PM going to be able to resolve and we realized that and moved
3:09:12PM on to the amended version that we're working with now.
3:09:22PM >>MARY MULHERN: So, are you assuring -- can you assure me
3:09:25PM that the Sierra club and Audubon and the environmental
3:09:30PM groups that were so unhappy with the proposed initial
3:09:33PM legislation, were reassured by this change?
3:09:36PM >> I can tell that you in the committee that we have
3:09:41PM appeared in front of, since we amended the original bill,
3:09:45PM that representatives, each one of those organizations and
3:09:49PM more have stood up and said that they, either no longer
3:09:53PM oppose or they support the bill in its current form.
3:09:57PM >>MARY MULHERN: That's good to hear.
3:09:58PM Thank you.
3:09:59PM >> It was a long road.
3:10:01PM I did want to bring up one other thing, and I know it's not
3:10:05PM on the agenda, but it is something that's near and dear to
3:10:08PM our hearts, and that's fertilizer regulation.
3:10:11PM There was a bill that was offered that would have preempted
3:10:18PM local governments from implementing their fertilizer
3:10:23PM Ordinance, excuse me.
3:10:24PM Mixing my regulations here.
3:10:26PM That bill was, went through a lot of debate, a lot of
3:10:32PM stakeholder issues.
3:10:34PM They also came up with the revised format, which league of
3:10:40PM cities and association of counties all signed off on.
3:10:44PM However, when it went in front of committee, it was voted
3:10:48PM And so that left a void as far as, with regard to any
3:10:54PM fertilizer preemption.
3:10:57PM It probably wouldn't have been what everybody would have
3:11:02PM But for the purposes of the City of Tampa, it would have
3:11:05PM grandfathered in our program for at least five years, while
3:11:08PM a study was conducted to ensure that such ordinances when
3:11:15PM implemented did actually realize water quality improvement.
3:11:19PM So it wasn't a bad thing really, because you would get your
3:11:24PM quantitative results and be able to prove that your
3:11:28PM ordinances were actually resolving some of the issues.
3:11:31PM But that was voted down.
3:11:33PM So subsequently, there's been two amendments offered in two
3:11:37PM different committees, both of which were withdrawn.
3:11:41PM The latest of which was earlier this week, senator Norman
3:11:44PM offered an amendment, as a courtesy to an industry
3:11:49PM And then he withdrew it in the committee.
3:11:52PM Which would have preempted across the board.
3:11:54PM I totally believe that even though we only have six days
3:12:00PM left in the session, that you will see at least one more
3:12:03PM attempt to preempt local governments from implementing
3:12:07PM fertilizer ordinances.
3:12:11PM >>MARY MULHERN: Well, stay on alert.
3:12:13PM >> I will be watching.
3:12:14PM So I just wanted to make your aware of that issue.
3:12:17PM But other than that that's all I have for you today.
3:12:20PM >>MARY MULHERN: Thank you.
3:12:21PM >> Any other questions?
3:12:22PM >>MARY MULHERN: Thanks, Jan.
3:12:29PM >>MARY MULHERN: Item number 65.
3:12:35PM >> Justin Matthew, legal department in the motion that City
3:12:38PM Council requested, they requested that the legal department
3:12:41PM provide language requiring individuals speaking in assembly
3:12:45PM permit to attend the crown manager safety -- crowd manager
3:12:49PM safety class.
3:12:50PM Here's the issue, in an assembly permit according to the
3:12:54PM fire code is required for an assembly of 50 or more persons,
3:12:57PM for various uses.
3:12:58PM So if we are to adopt this language, every business with
3:13:04PM assembly of 50 or more people would have to send a
3:13:07PM representative to the crowd safety management class.
3:13:09PM And after speaking with the fire marshal, we suggest that
3:13:13PM this requirement to attend the crowd safety management class
3:13:17PM be part of a permitting requirements the nightclub
3:13:22PM And I believe there's a workshop on that coming up in May.
3:13:27PM >> I appreciate that because afterwards I thought about
3:13:31PM Would this pertain to special events?
3:13:35PM For instance, assembling -- tied to assembly.
3:13:43PM >> Yes.
3:13:45PM >>YVONNE CAPIN: That would just be adding more time to the
3:13:47PM 60 plus days that takes to get a special event permit.
3:13:56PM I follow you.
3:13:57PM Thank you.
3:13:59PM >>MARY MULHERN: Councilwoman Montelione?
3:14:01PM >>LISA MONTELIONE: I think some of the discussion and the
3:14:04PM reason why it was brought up was because of special events
3:14:07PM And on some special events, when I spoke with the fire
3:14:17PM marshal, or he is the fire marshal, his concern, and rightly
3:14:25PM it should be, is probably safety.
3:14:28PM And not having anyone be a casualty of a lack, fire codes,
3:14:37PM especially for egress from events, where there are large
3:14:40PM numbers of people.
3:14:41PM So, I'd like to have some language offered for, to make sure
3:14:50PM that the very large special events we have, if someone is
3:14:55PM applying for a permit of that nature, they're going to know
3:14:59PM many, many months in advance that they're going to have a
3:15:02PM special event that's going to be 200, 500 people, where that
3:15:06PM crowd manager class may be necessary.
3:15:10PM >> I don't know for certain, and I might be speaking out of
3:15:14PM But looking at some of the regulations, Russell will report
3:15:17PM to you if need be.
3:15:19PM But I believe there's a 250 occupant load that would require
3:15:24PM that crowd safety management class anyways.
3:15:26PM I'm not entirely certain of that Russell could get back with
3:15:30PM >>LISA MONTELIONE: Yes, we can clarify that.
3:15:32PM Because if there's that many people, outside of just the
3:15:35PM nightclub regulation.
3:15:38PM >> But the fire marshal's involved with special events.
3:15:42PM It's all part of the whole package, is the fire marshal.
3:15:45PM For instance, if the tent is a thick size, has to be
3:15:50PM approved by the fire marshal.
3:15:54PM >>MARY MULHERN: Councilwoman Capin?
3:15:56PM >>YVONNE CAPIN: I do believe you can check on this.
3:15:58PM An event at a private home that is 200 people must be
3:16:09PM permitted, the fire marshal comes in?
3:16:14PM So it is very specific.
3:16:16PM The fire marshal's very involved in events.
3:16:18PM As it stands now.
3:16:23PM >> I'll have him contact you.
3:16:27PM >>YVONNE CAPIN: That would be good.
3:16:28PM Thank you.
3:16:31PM >>MARY MULHERN: Did you want to report back?
3:16:33PM Or we're good?
3:16:39PM >>MARY MULHERN: Thank you.
3:16:44PM >>MARY MULHERN: Item number 66.
3:16:45PM Did we already remove that?
3:16:48PM >> No, I don't believe so.
3:16:51PM >> Get a motion to remove that?
3:16:57PM >>MARTIN SHELBY: As part of the proven agenda.
3:17:01PM >>MARY MULHERN: Item number 67.
3:17:03PM Just need somebody to pass the resolution correcting the
3:17:08PM scrivener's error.
3:17:09PM >> So moved.
3:17:12PM >> Second.
3:17:13PM >>MARY MULHERN: All in favor?
3:17:14PM Anyone opposed?
3:17:19PM >> There's one more.
3:17:21PM 67 and 68.
3:17:26PM >>MARY MULHERN: They're together.
3:17:26PM And then item number 68.
3:17:30PM >> Go ahead.
3:17:35PM >>MARY MULHERN: Any questions?
3:17:37PM >> I move 68.
3:17:39PM >> Second.
3:17:41PM >>MARY MULHERN: Motion made by Councilman Suarez, second by
3:17:43PM Councilman Kobe, all in favor?
3:17:45PM Anyone opposed?
3:17:53PM >>MARY MULHERN: I don't think there was anything removed
3:17:55PM from the consent agenda today that we haven't already dealt
3:17:57PM with, was there?
3:17:59PM New business?
3:18:01PM Councilman Suarez?
3:18:02PM Do you have any new biz?
3:18:04PM >>MIKE SUAREZ: Yes, just a couple things.
3:18:06PM Primarily has to do with two people that have passed away
3:18:09PM this week.
3:18:10PM One person is Jose CalledVIA, he was in fact before Council
3:18:19PM a couple months ago concerning citizens advisory commission
3:18:23PM in Ybor City.
3:18:24PM He was a terrific citizen of the city of Tampa.
3:18:29PM I served with him, a great guy.
3:18:31PM Passed away just recently.
3:18:33PM Son Rick is someone we also know in Ybor City and West
3:18:37PM And just like to say my prayers and thoughts with his
3:18:44PM Today, we could not go to the wake because it was today,
3:18:47PM during our Council meeting.
3:18:48PM So, I think that we should just acknowledge the fact that
3:18:53PM someone of his stature died.
3:18:55PM Secondly, Marcelo Maseda passed away.
3:18:59PM He was a giant in terms of the number of years, died in 93,
3:19:03PM and what he was able to do for the City of Tampa.
3:19:05PM He promoted Tampa more than almost anyone else that I can
3:19:09PM remember in recent memory.
3:19:10PM If you go back to the films of when John F. Kennedy was
3:19:14PM here, the week before he passed away, he was presenting a
3:19:19PM cigar humidor to President Kennedy on behalf of the cigar
3:19:23PM makers here in Tampa.
3:19:25PM What's great about that particular film is that there is a
3:19:29PM very young Sam Gibbons right next him to, newly minted
3:19:33PM congressman with a crew cut, no less.
3:19:35PM With Marcelo Maseda.
3:19:38PM He was known as always having a cigar in his mouth, a cigar
3:19:41PM in his pocket and his hat.
3:19:43PM If you saw him anywhere in West Tampa or Ybor City, you
3:19:46PM couldn't miss him.
3:19:48PM And yesterday's wake was attended by hundreds of people.
3:19:53PM Many of them were former mayors, our current mayor, myself
3:19:57PM was there.
3:19:57PM I'm sure several other people that are prominent in our
3:20:00PM community were there.
3:20:02PM And our thoughts go out to his family also.
3:20:04PM So thank you.
3:20:06PM >>MARY MULHERN: Thank you.
3:20:07PM Councilwoman Capin?
3:20:10PM >>YVONNE CAPIN: Three items.
3:20:11PM The first one is, I'd like to make a motion to leave out the
3:20:18PM legal land development and business permitting department to
3:20:21PM come back to City Council in 30 days with a report on
3:20:26PM internet sweepstakes cafes and the possibility of non-profit
3:20:34PM permitting as a, as a revenue stream, maybe.
3:20:41PM I'd leave it open.
3:20:42PM But I would like them to come back to bring us that.
3:20:48PM >> Second.
3:20:49PM >>MARY MULHERN: All in favor?
3:20:50PM Anyone opposed?
3:20:53PM >>YVONNE CAPIN: My second item, I'd lake to make a motion
3:20:56PM for workshop.
3:20:57PM I have many, many questions.
3:21:00PM After Mr. Strout stopped by my office and brought me the,
3:21:06PM and I went over the solid waste September audit, there was
3:21:16PM supposed to be a report in January, correcting some of the
3:21:24PM outcome from this audit.
3:21:26PM Audit conclusion.
3:21:27PM I'd like to hear those.
3:21:29PM I'd also like to know what is that five year plan, ten year
3:21:33PM plan, 20 year plan if any.
3:21:36PM I'd also like to know, the state mandated that that by 2020,
3:21:41PM recycle diversion, the rates should be to 75%.
3:21:43PM I'd like to know where we are on that.
3:21:45PM The state finds five items that are recyclables, how are we
3:21:51PM treating those?
3:21:54PM There are so many questions.
3:21:58PM The industry's changing.
3:21:59PM How are we changing?
3:22:01PM And mainly that would be with a five year, ten year, 20 year
3:22:04PM I don't know, but I'd like to know if we are on that track
3:22:07PM and I'd like that report.
3:22:09PM And I'd like to hear about it, or I'd like us to hear about
3:22:12PM it at a workshop on the, or have a workshop on that, on the
3:22:18PM 26th, or would that be?
3:22:24PM April 26th?
3:22:28PM >> No, there isn't, but I think, and it doesn't say in our
3:22:33PM calendars under staff reports, which staff reports we're
3:22:37PM But I believe that I already asked solid waste to come back
3:22:43PM with a report on the actions they were taking in response to
3:22:49PM that, in response to the audits, because when solid waste
3:22:54PM was here last week, the week before, when we were discussing
3:22:58PM the increases, due to rates, I had the audit report in my
3:23:03PM And I was asking Ms. Brickhouse if those things were being
3:23:07PM implemented, those changes were being implemented.
3:23:10PM And I refer to another audit report that also is out that
3:23:14PM Mr. Shroud had provided.
3:23:16PM Brickhouse was coming back to report on what actions were
3:23:24PM being taken.
3:23:25PM I mean I asked her for that.
3:23:28PM >>YVONNE CAPIN: It is not just the actions.
3:23:29PM I want to know the plan.
3:23:31PM I want to know what we have in the plan.
3:23:32PM I would like us to know if we have an adequate -- what we
3:23:37PM have obviously an inadequate exemption for the poor.
3:23:46PM Just by reaching age 65 is not a hardship in itself.
3:23:50PM I'd like to see us put something in place, or actually
3:23:57PM should be the solid waste.
3:24:00PM There's a lot of -- I could go on on this.
3:24:06PM >>MARY MULHERN: Councilman Cohen?
3:24:08PM >>HARRY COHEN: If I may, Councilwoman Capin.
3:24:11PM I'd like to offer a friendly amendment to clarify some of
3:24:14PM the issues that I think we're all concerned about.
3:24:17PM We voted last week for a five year schedule of rate
3:24:22PM increases for solid waste.
3:24:25PM And when we did so, we really did so more than anything to
3:24:31PM satisfy our bond covenants.
3:24:32PM That does not resolve us of the obligation to look deep
3:24:36PM inter our operation to see what we can do to save money, so
3:24:39PM perhaps, called me to complain about the rate increases,
3:24:45PM saying once the city passes five year rate increases,
3:24:49PM they'll never step back from them.
3:24:50PM Well, perhaps we can -- may I finish?
3:24:56PM >> Yes.
3:24:56PM I just get very frustrated.
3:24:58PM I'm sorry.
3:25:01PM >>HARRY COHEN: That we won't ever go back and revisit it.
3:25:09PM And I think that some of the issues that we're interested in
3:25:12PM hearing about are how we can take recycling, which is losing
3:25:16PM $3 million a year, and turn it into a profit rather than a
3:25:19PM loss center.
3:25:20PM How we can, like you mentioned, evaluate whether or not we
3:25:24PM can provide a hardship discount rather than just an across
3:25:27PM the board 65-year-old discount.
3:25:30PM Whether or not as has been brought up here a number of
3:25:32PM times, we can start to charge different amounts of money
3:25:36PM based on the amount of garbage if it's over a certain
3:25:41PM threshold, that people throw away.
3:25:43PM I know there's an awful lot of issues remaining out there.
3:25:46PM My hope is that this discussion could be open ended enough
3:25:50PM so that all the Councilmembers would have an opportunity to
3:25:54PM bring up all these different issues and have the year to
3:25:57PM work toward perhaps not having to implement some of the step
3:26:03PM that is we took.
3:26:04PM And if you want to clarify what I'm talking about --
3:26:08PM >>LISA MONTELIONE: Love to.
3:26:09PM I made a motion during that discussion that in one year,
3:26:12PM solid waste come back with an assessment of where they're at
3:26:15PM and whether or not we need to continue the rate increases
3:26:19PM according to that plan that we were provided with.
3:26:22PM And apparently, nobody's paying attention --
3:26:33PM [simultaneous discussions]
3:26:39PM >> I am proposing a workshop.
3:26:41PM And I'm going to finish proposing the workshop.
3:26:44PM >> Five years, after one year, they have to come back.
3:26:47PM And after one year, then we're going to see whether or not
3:26:50PM they get the other four.
3:26:55PM >>YVONNE CAPIN: You didn't hear five years from me.
3:26:57PM In this workshop.
3:26:59PM I did not mention five years.
3:27:00PM So, now, I'm getting back to the workshop.
3:27:04PM April 26th.
3:27:05PM I also asked Mr. Strout to come back.
3:27:10PM They are working on a, I asked for revenue stream.
3:27:17PM I asked what are you all looking at to increase the revenue?
3:27:24PM Not just the management.
3:27:25PM Not just the overtime, which is what that -- I read the
3:27:38PM And there was nothing -- it was about management.
3:27:41PM Not about revenue streams.
3:27:42PM And not about all these other issues.
3:27:44PM And that's what a workshop does.
3:27:46PM It allows you to open up, not just a report from them.
3:27:50PM I want to hear what they are planning and open it up to all
3:27:54PM our questions.
3:27:56PM >> Second.
3:27:56PM >>MARY MULHERN: All in favor?
3:27:58PM Anyone opposed?
3:28:10PM >>YVONNE CAPIN: Where's my other business?
3:28:13PM >> Can I go to the overhead?
3:28:16PM >>MARY MULHERN: Sure.
3:28:22PM >>MARY MULHERN: Councilwoman Montelione, can I ask you a
3:28:29PM >>LISA MONTELIONE: Certainly.
3:28:31PM >>MARY MULHERN: Did you have something on the agenda in the
3:28:34PM near term, or was it the one?
3:28:36PM >>LISA MONTELIONE: Well, I was just informed by legal and by
3:28:39PM the clerk's office that the motion that I asked for, the
3:28:42PM solid waste to come back, didn't get a second, and didn't
3:28:46PM >>MARY MULHERN: No, I was talking --
3:28:48PM >>LISA MONTELIONE: When, I'm sorry, just now when sandy came
3:28:52PM Ms. Marshal came in so apparently, it didn't get a second,
3:28:57PM so other members of this Council didn't.
3:29:01PM >> I second your motion.
3:29:02PM >>MARY MULHERN: This is what -- please, please explain to
3:29:04PM me, because I thought after Councilwoman Capin made her
3:29:09PM motion, you were saying you were already asked for a staff
3:29:13PM In the near term?
3:29:15PM >>LISA MONTELIONE: I was just trying to clarify.
3:29:17PM >>MARY MULHERN: Now you're saying you didn't get -- you did
3:29:20PM that but it didn't get a second.
3:29:22PM >>LISA MONTELIONE: I was trying to clarify that I brought up
3:29:25PM that we revisit the rate increases and have solid waste come
3:29:29PM back with a report on where they were, what efficiencies
3:29:33PM that they put into place.
3:29:35PM How they were responding to the audits that they received
3:29:40PM that were very bad audits.
3:29:42PM I asked for all those things, but it didn't get a second.
3:29:45PM That was like two weeks ago.
3:29:47PM So, Ms. Evans informed me it was not made in the motion.
3:29:53PM We took up the item.
3:29:54PM Item was discussed and then passed.
3:29:56PM Then when I made it under new business, I made the motion
3:29:59PM under new business, and that item didn't pass either and
3:30:02PM that was when Ms. Marshal came.
3:30:04PM >> I was referring to your reference to Roger Strout coming
3:30:09PM That was part of the discussion.
3:30:11PM >>MARY MULHERN: Let me make a suggestion.
3:30:14PM >> To have Mr. Strout come back was my motion.
3:30:18PM >>MARY MULHERN: All right.
3:30:18PM I'm going to suggest to you that if what you were asking for
3:30:25PM that didn't apparently didn't pass, was not included in the
3:30:28PM workshop, when it comes to your turn for new business, you
3:30:32PM could suggest that and I'm sure that we would support that
3:30:34PM whatever those questions were, get it included in the
3:30:37PM workshop we just scheduled.
3:30:39PM >> May I make a suggestion, Council?
3:30:41PM I apologize for the confusion.
3:30:43PM Ms. Marshall was in here and she related to me what I
3:30:47PM relayed to you Councilwoman Montelione.
3:30:50PM But because this is now set for us in the future, give
3:30:53PM Tuesday opportunity to at least review the action agenda and
3:30:55PM review exactly what was done as a result of that, because I
3:30:59PM don't like to refer to it just by recollection.
3:31:02PM Do I have a recollection of you bringing up the issue.
3:31:05PM >>MARY MULHERN: Okay, bring this up, if she brings this up
3:31:07PM at new business, we'll talk about it.
3:31:10PM We have not -- we're not even done with Councilwoman Capin.
3:31:14PM New business.
3:31:16PM >>YVONNE CAPIN: Is the overhead on?
3:31:18PM Could I ask for the overhead to be on?
3:31:23PM Is there anybody back there?
3:31:42PM That's about 15 minutes.
3:31:43PM Thank you for allowing me that indulgence.
3:31:48PM >>MARY MULHERN: Miles has arrived.
3:31:49PM >> What's his full name, Ms. Capin?
3:31:53PM >>YVONNE CAPIN: Miles Capin Dion.
3:31:57PM >> And house he related now is your grandson?
3:32:02PM >>YVONNE CAPIN: He's my first grandchild.
3:32:03PM Thank you for allowing me.
3:32:05PM >>MARY MULHERN: Thank you for sharing it.
3:32:06PM So cute.
3:32:10PM >>MARY MULHERN: Councilmember Reddick?
3:32:14PM >>FRANK REDDICK: Whenever I have my first child, I'm going
3:32:16PM to put it up there too.
3:32:18PM [ Laughter ]
3:32:19PM >>FRANK REDDICK: I just have, one is, wanted to make a
3:32:28PM motion for commendation for the Tampa chapter of the Delta
3:32:35PM sigma theta sorority as they prepare for the charity ball,
3:32:43PM March 10, 2012.
3:32:45PM Requesting a commendation.
3:32:49PM >>MARY MULHERN: All in favor?
3:32:50PM Anyone opposed?
3:32:52PM >>FRANK REDDICK: And secondly, I want to request to have for
3:32:58PM April 26th, at 9:00 a.m. a.m., a workshop and discussion to
3:33:05PM amend our city code on the way people come before the
3:33:11PM Council during public comments.
3:33:12PM Whether they're allowed, where we need to review the sign-in
3:33:18PM list, and recognize that, or we need to allow people to just
3:33:22PM stand up and speak.
3:33:23PM I think, board of county commissioner, they have a sign-in
3:33:29PM list, and the chair calls, read their names off and allow
3:33:33PM them to come up and speak.
3:33:34PM Just like this morning, where we have a sign-in list, the
3:33:39PM list is not honored, because we allow people to just come
3:33:42PM I would like to address that in workshop on April 26th at
3:33:46PM 9:00 a.m.
3:33:47PM >> I'd like to second that, but I'd like to ask if we can
3:33:51PM add to it maybe a discussion also of some of the other
3:33:53PM things that we do in our agenda.
3:33:55PM Maybe making the times certains a little more precise, so
3:33:58PM people might actually know when they ought to be here.
3:34:02PM >>FRANK REDDICK: I accept that as part of your amendment.
3:34:04PM >>MARY MULHERN: All in favor?
3:34:07PM >>FRANK REDDICK: And last item, just announcement to
3:34:13PM community activist in the City of Tampa celebrating the
3:34:17PM 50th birthday.
3:34:18PM And that's Ms. Judy Jackson.
3:34:21PM Just want to get acknowledgment out to her.
3:34:24PM That's all, Madam Chair.
3:34:26PM >>MARY MULHERN: Thank you.
3:34:26PM Councilman Cohen?
3:34:29PM >>HARRY COHEN: No new business.
3:34:33PM >>MARY MULHERN: I have a couple items.
3:34:34PM One, I am making a motion that Council prepare commendation
3:34:37PM for Nick Garcia, in recognition of achieving the rank of
3:34:42PM eagle scout.
3:34:43PM >> Second.
3:34:43PM >> All those in favor?
3:34:45PM >>MARY MULHERN: I don't know, do I need a date for that?
3:34:50PM And then secondly, I think that either by e-mail or in your
3:34:55PM mailboxes, Christina may have sent this out, but, I've been
3:35:04PM wanting to propose this for a while, and recently have been
3:35:08PM getting a lot of requests from e-mails asking that Council
3:35:14PM pass a resolution supporting a constitutional amendment
3:35:17PM making clear that corporation are not people.
3:35:19PM And that money is not speech.
3:35:22PM This Council would join cities of New York, Los Angeles,
3:35:25PM portland, Duluth and many, many other cities that have
3:35:29PM passed such resolutions.
3:35:31PM And I'm asking Council if you would review the draft
3:35:35PM ordinance that I've provided.
3:35:37PM I think yesterday, using language from the New York City
3:35:43PM Councilmember resolution that they passed in's opposing the
3:35:46PM Supreme Court's interpretation. Constitution regarding the
3:35:49PM constitutional rights of corporations.
3:35:50PM And ask for your consideration in passing the resolution at
3:35:54PM our next regular meeting on March 15th.
3:36:00PM >> We have a motion by Councilwoman Mulhern, seconded by
3:36:04PM Mr. Reddick and I believe it's to come back on the 15th.
3:36:08PM All those in favor?
3:36:11PM >>MARY MULHERN: Thank you.
3:36:11PM >> Motion to receive and file.
3:36:13PM >>MARY MULHERN: All in favor?
3:36:17PM >>MARY MULHERN: All right.
3:36:17PM We are adjourned.
TAMPA CITY COUNCIL
March 1, 2012
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