TAMPA CITY COUNCIL
Thursday, April 5, 2012
9:00 a.m. session
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>> Tampa City Council is called to order.
>> Thank you for offering your time to give this morning's
09:09:54 If we can all stand and remain standing for the pledge of
09:09:58 >>> Thank you, Councilwoman.
09:10:01 I understand this is a momentous day, and a number of
09:10:05 significant issues to discuss, in addition to celebrating
09:10:07 the birthday of one of the members of the council.
09:10:12 I want you to know that Temple Terrace United Methodist
09:10:15 Church has a vision to be an instrument of hope in our
09:10:18 community, and since you as a City Council guide and direct
09:10:22 and provide hope for the City of Tampa, we want you to pray
09:10:25 with us in that spirit.
09:10:27 Thank you, God.
09:10:29 Thank you for all who are gathered here today.
09:10:32 Thank you for your many and abundant blessings.
09:10:35 Thank you for life itself and the measure of health that we
09:10:38 need to fulfill our work.
09:10:41 Thank you for the ability to be involved in useful work and
09:10:44 for the honor of bearing appropriate responsibilities.
09:10:52 This morning I pray for the City Council, for various levels
09:10:55 of city officials, ask, God, that you graciously grant them
09:10:59 wisdom, the sense of the welfare ands needs of our people,
09:11:08 confidence in what is good and honorable, the ability to
09:11:11 work together in harmony, and personal peace.
09:11:15 I pray for the agenda set before the council today.
09:11:19 Please give the council the assurance of what would please
09:11:23 you, God, and woo would benefit those who live and work in
09:11:27 And it's in your name that we pray, God.
09:11:30 (Pledge of Allegiance)
09:11:57 >>CHARLIE MIRANDA: We are going to do roll call and then
09:12:00 Shirley Foxx-Knowles for the items on the agenda.
09:12:04 >>MIKE SUAREZ: Here.
09:12:07 >>FRANK REDDICK: Here.
09:12:08 >>CHARLIE MIRANDA: Here.
09:12:09 >>MARY MULHERN: Here.
09:12:10 >>HARRY COHEN: Here.
09:12:12 >>LISA MONTELIONE: Here.
09:12:16 >>CHARLIE MIRANDA: Okay, Ms. Shirley Foxx-Knowles, the
09:12:19 meeting is yours.
09:12:22 >>SHIRLEY FOXX-KNOWLES: City clerk for the City of Tampa.
09:12:29 We will now conduct the election for chairman and chairman
09:12:31 pro tem for the Tampa City Council.
09:12:33 Here are the election guidelines.
09:12:35 The election of the chairman will be held first.
09:12:39 Nomination does not require a second.
09:12:41 Please wait to be recognized before nominating a candidate.
09:12:46 I will open the nominations then close them after all
09:12:49 nominations have been made.
09:12:51 Votes will be counted by raising the hand.
09:12:54 The vote will be taken in the order of the nomination
09:12:57 beginning with the first name nominated.
09:13:01 The vote will, a majority requires four votes.
09:13:07 Having said that nominations are now in order for chairman.
09:13:11 Mr. Suarez.
09:13:12 >> I would like to nominate Charlie Miranda as chair.
09:13:15 >>SHIRLEY FOXX-KNOWLES: Charlie Miranda has been nominated.
09:13:19 Is there another nomination?
09:13:20 >>FRANK REDDICK: I have a policy question.
09:13:40 Do we have any policy or council rule that prohibits this
09:13:48 council from rotating chairs?
09:13:55 >>MARTIN SHELBY: Councilman Reddick, the short answer to
09:13:58 that is your council rules presently provide for election of
09:14:04 council chair.
09:14:05 There's no prohibition to you amending your council rules if
09:14:09 you see fit.
09:14:10 Your charter makes reference to choosing a chair.
09:14:14 It doesn't specify an election.
09:14:16 Whereas your rules of procedure do specify and use the word
09:14:22 So you are not prohibited from amending your council rules.
09:14:25 But the short answer is under your present rules, it is by
09:14:28 process of election.
09:14:29 So it would require a change to your rule if you should
09:14:32 change the procedure.
09:14:33 >>FRANK REDDICK: Do we have a council workshop coming up at
09:14:37 any time that that can be discussed?
09:14:46 >>MARTIN SHELBY: You have a workshop on April 26th to
09:14:48 discuss amendments to council's rules of procedure relating
09:14:50 to the way citizens speak before council and making the time
09:14:55 certain more precise.
09:14:56 >>FRANK REDDICK: In that case, if I'm in order, I would
09:15:00 like to move that this item be placed on the agenda at the
09:15:02 >> Second.
09:15:05 >>LISA MONTELIONE: And if I can offer a friendly amendment
09:15:13 when we talk about rotating chairs, if we talk about
09:15:15 rotating vice chairs as well.
09:15:18 Thank you.
09:15:18 >>SHIRLEY FOXX-KNOWLES: Is there a motion for acclimation?
09:15:23 >> I would move acclimation for Mr. Miranda.
09:15:26 >>SHIRLEY FOXX-KNOWLES: All in favor?
09:15:30 Mr. Chair, would you like to say a few words?
09:15:35 >>CHARLIE MIRANDA: Thank you very much.
09:15:36 The city is in a position where it's up to this seven-member
09:15:41 council and its employees to make sure that going forward we
09:15:44 have the best place to live for our citizens.
09:15:48 I think we are getting there.
09:15:49 I think we have the ability to do that for the citizens.
09:15:53 I think that when you look around and compare this city, if
09:16:01 we in elected office compare this city or any city with
09:16:02 somebody else's city, I compare this city with itself.
09:16:07 Where was it?
09:16:08 Where is it?
09:16:08 And where is it going?
09:16:09 And I don't like to do comparisons outside the family.
09:16:19 And it's different areas of this great country have
09:16:22 different things that we don't have.
09:16:23 But by far, we have much greater things than they have.
09:16:26 And those are the citizens that we serve.
09:16:29 Thank you very much.
09:16:29 >>SHIRLEY FOXX-KNOWLES: Thank you.
09:16:33 [ Applause ]
09:16:38 >>SHIRLEY FOXX-KNOWLES: Nominations are now in order for
09:16:42 chairman pro tem.
09:16:43 Is there a nomination?
09:16:45 >>LISA MONTELIONE: I would like to nominate Harry Cohen as
09:16:47 vice chair pro tem.
09:16:50 >>SHIRLEY FOXX-KNOWLES: Harry Cohen has been nominated.
09:16:53 Is there another nomination?
09:16:56 Is there a motion for acclimation?
09:16:58 >> So moved.
09:16:59 >> Second.
09:17:00 >>SHIRLEY FOXX-KNOWLES: All in favor?
09:17:05 Would the new chairman pro tem like to say a few words?
09:17:08 >>HARRY COHEN: Well, thank you very much.
09:17:11 And I look forward to working with this group again for
09:17:14 another year.
09:17:15 I think we have had a wonderful first year together.
09:17:18 And I know that as we confront the difficult problems facing
09:17:22 the city, we'll do so in a harmonious and respectful and
09:17:27 civil way.
09:17:28 And I look forward to it.
09:17:36 [ Applause ]
09:17:37 >>SHIRLEY FOXX-KNOWLES: We will now conduct the election
09:17:39 for our chairman and vice chairman for the Community
09:17:42 Redevelopment Agency.
09:17:44 The rules are the same.
09:17:47 Please wait to be recognized before nominating a candidate.
09:17:50 I will open the nomination and close them after all
09:17:54 nominations have been made.
09:17:56 Votes will be counted by raising the hand.
09:17:59 The vote will be taken in the order of the nomination
09:18:02 beginning with the first name nominated.
09:18:05 The vote will cease as soon as there's a majority which
09:18:09 requires four votes. Having said that, nominations are now
09:18:12 in order for chairman.
09:18:14 Yes, Mr. Cohen.
09:18:15 >>HARRY COHEN: I nominate Mr. Frank Reddick.
09:18:20 >>SHIRLEY FOXX-KNOWLES: Mr. Frank Reddick has been
09:18:22 Is there another nomination?
09:18:25 Is there a motion for acclimation?
09:18:29 >> So moved.
09:18:30 >> Second.
09:18:30 >>SHIRLEY FOXX-KNOWLES: All in favor?
09:18:32 Would the new chairman like to say a few words?
09:18:35 >>FRANK REDDICK: Just thank you.
09:18:37 [ Laughter ]
09:18:46 >>SHIRLEY FOXX-KNOWLES: Nominations are now in order for
09:18:49 vice chairman of the CRA.
09:18:50 Is there a nomination?
09:18:52 >>MIKE SUAREZ: I would like to nominate Ms. Capin.
09:19:02 >>SHIRLEY FOXX-KNOWLES: Ms. Capin has been nominated.
09:19:08 >>YVONNE CAPIN: Thank you for the nomination but I would
09:19:10 rather it be someone else.
09:19:11 Thank you.
09:19:12 Thank you very much.
09:19:13 >>SHIRLEY FOXX-KNOWLES: Is there another nomination?
09:19:17 >>HARRY COHEN: I nominate Mr. Suarez.
09:19:20 >>SHIRLEY FOXX-KNOWLES: Mr. Suarez has been nominated.
09:19:22 Is there another nomination?
09:19:24 Is there a motion for acclimation?
09:19:27 >> So moved.
09:19:28 >> Second.
09:19:29 >>SHIRLEY FOXX-KNOWLES: All in favor?
09:19:32 Would the new vice chairman like to say a few words?
09:19:36 >>MIKE SUAREZ: Thank you.
09:19:37 I almost voted no on that.
09:19:38 But thank you all for showing faith in me being vice chair
09:19:43 of CRA.
09:19:43 I really appreciate that.
09:19:44 And I'm sorry that I did not accept it because I think you
09:19:50 would have done a good job.
09:19:52 >>YVONNE CAPIN: Thank you.
09:19:52 And I know you will do an excellent job as well.
09:19:54 >>SHIRLEY FOXX-KNOWLES: Thank you very much and
09:20:00 I would like to turn the meeting back over to our chair.
09:20:04 >>CHARLIE MIRANDA: Thank you very much.
09:20:05 We need adoption of the minutes of the March 15th,
09:20:08 November 3rd, 11 and the workshop session held
09:20:12 February --
09:20:15 >>FRANK REDDICK: Mr. Chair, the motion that I made --
09:20:20 >>CHARLIE MIRANDA: It will be voted on at the proper point
09:20:22 at the end of the agenda to do the new business.
09:20:24 That's all new business.
09:20:25 >>FRANK REDDICK: Okay.
09:20:31 I need a motion for these three items.
09:20:33 March 15, 2012, November 3rd, 2011 and February
09:20:38 24th, 2011.
09:20:40 >>MIKE SUAREZ: Move to adopt, accept.
09:20:44 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
09:20:45 I missed the second.
09:20:47 By Ms. Mulhern.
09:20:48 Further discussion by council members?
09:20:49 All in favor indicate by saying Aye.
09:20:52 Opposed, nay.
09:20:53 The ayes have it unanimously.
09:20:55 Okay, we have an item number 5.
09:21:01 It's the presentation of -- a five-minute presentation by
09:21:06 Mr. Michael Benjamin of the Florida Orchestra.
09:21:12 Is he here?
09:21:19 We'll hold on that and see what happens.
09:21:21 Item number 6.
09:21:23 Pam Duval and Mr. Suarez, the animal coalition of Tampa.
09:21:28 >>MIKE SUAREZ: Come on up.
09:21:36 Hopefully you can teach us more about your group as you
09:21:38 taught me when I went down to see your facilities.
09:21:40 >> My name is Kerry Romano, operations director of
09:21:46 operations in Tampa known around the city ACT.
09:21:51 I am going to be speaking on behalf of Pam today.
09:21:53 We are a 501(c)3 organization with a mission to provide
09:21:57 nonlethal method to end pet overpopulation.
09:22:02 There are several ways to do.
09:22:03 This one of the ways is to stop the birth and not have the
09:22:06 litters that weren't expected or plans for.
09:22:08 We have completed over 55,000 spays and neuters in our small
09:22:13 facilities that we currently have in our city.
09:22:16 In addition to that, we believe in keeping the pets in their
09:22:19 homes by providing affordable veterinary care and low-cost
09:22:23 vaccination clinics.
09:22:25 We would like to educate the public about the health
09:22:27 benefits of spaying and neutering, vaccinations and heart
09:22:30 worm preventions.
09:22:32 68% of the animals that enter our county shelter right here,
09:22:40 there aren't enough homes and solicitations to rehome those
09:22:45 actual animals and we believe that this low cost treatment
09:22:47 facility will allow people to keep animals in their home.
09:22:53 Why am I here today?
09:22:54 I want to make the public aware -- we are here to help them
09:22:58 help their pets.
09:22:59 Our affordable care includes spay and neuters, dental,
09:23:03 vaccines and a wide variety of other services and life
09:23:08 saving services and surgeries.
09:23:09 You don't have to be a low-income or be receiving assistance
09:23:14 to utilize our services.
09:23:16 We are open to the public and really want to help do you the
09:23:21 right thing with your animals.
09:23:22 Let me share a couple of scenarios to you of what we dealt
09:23:29 A gentleman calls and a cat showed up on his back porch.
09:23:32 He brought him, a kitten, looking for shelter, and she had
09:23:39 nowhere to go.
09:23:41 It was not his cat.
09:23:42 He shows up.
09:23:43 He puts a box on his porch an decides to feed her and she
09:23:47 takes care of her kittens and doesn't know what to do.
09:23:50 Now he's got four kittens and a mama cat and really does not
09:23:53 know where to turn and he calls us.
09:23:55 So we educate him, it's okay, you feed her, she'll feed
09:23:59 them, give her the shelter that she needs, and enjoy, six to
09:24:07 eight weeks of age, then we are ready to help you.
09:24:10 So they play and they otherwise enjoyed their lives.
09:24:17 And in a lot of cases, they would take them to shelters.
09:24:21 And what we try to educate is do reach out to the community,
09:24:24 come and see us when they are eight weeks old, we'll spay
09:24:27 and neuter and vaccinate them so they are not part of the
09:24:30 problem of being at risk of dying, and at that point they
09:24:34 will be ready to move on to a rescue group.
09:24:38 In another situation, a lady was driving, and she saw an
09:24:42 injured dog with a badly broken leg, and it's not her dog,
09:24:45 but she wants to take him somewhere.
09:24:48 She calls a normal veterinarian and the cost could be 1500
09:24:51 to $2,000 to fix that leg.
09:24:55 While it's not her dog, she doesn't want him to suffer.
09:24:58 So she contacts us, and we have a specialist surgeon on
09:25:02 staff that will do this and help this animal with a low-cost
09:25:08 And so bring him in.
09:25:10 We help them and repair the dog.
09:25:12 And then of course he wasn't neutered which is why he was
09:25:15 running the streets anyway.
09:25:16 And then we neuter him, and now he is ready to either become
09:25:20 a part of their home or ready for adoption someplace else.
09:25:26 The family actually fell in love with this dog and actually
09:25:29 kept him and now he's a part of their family.
09:25:31 But initially it wasn't their dog.
09:25:33 In a lot of cases, they will take them someplace, and say I
09:25:36 can't do the 1500 or $2,000 and that dog can subsequently be
09:25:42 So that's really again what ACT is all about.
09:25:46 We are self-sustaining clinic maintaining our prices through
09:25:51 the revenue earned during our daily activities.
09:25:53 No animal is turned away by the animal coalition for spay
09:25:56 and neuter because they can't afford it.
09:25:59 And we use donations to help people who otherwise can't
09:26:04 afford to do the right thing, so that we don't have to turn
09:26:07 them away.
09:26:08 So I reach out to the community, let them know that we are
09:26:11 here, reach out and bring pets to us.
09:26:14 We are open six days a week.
09:26:15 Thank you very much for your time.
09:26:17 [ Applause ]
09:26:20 >>MIKE SUAREZ: Before you go, if could you give us a Web
09:26:22 site address, a phone number so that people that are
09:26:25 watching this can take advantage of the services that you
09:26:28 provide, which of course are extremely important.
09:26:30 We don't want to see animals euthanized and we don't want to
09:26:34 see animals that have not been spayed or neutered.
09:26:38 >> Thank you.
09:26:39 We are the animal coalition of Tampa.
09:26:41 Our address is 1719 west lemon street here in Tampa.
09:26:45 Zip code 33606.
09:26:47 Our Web site is www.AC Tampa.org.
09:26:53 Our telephone number is 813-250-3900.
09:26:59 We are open six days a week.
09:27:01 Our shot clinic for vaccinations are open between noon and
09:27:05 2:00 Monday through Friday.
09:27:07 Walk in.
09:27:08 No appointment necessary.
09:27:10 And Saturday between 10:30 and 1:30, all walk-in, no
09:27:13 appointment necessary.
09:27:14 We would love to see you in your community with your pet,
09:27:17 and please stop by.
09:27:20 Thank you.
09:27:20 >>MIKE SUAREZ: Thank you, chair.
09:27:24 >>CHARLIE MIRANDA: Individuals here from the Florida
09:27:36 Before we go any further we go to approval of the agenda and
09:27:39 the addendum.
09:27:40 >> Motion to approve.
09:27:43 >>CHARLIE MIRANDA: Motion by Mr. Cohen and seconded by Mr.
09:27:46 All in favor of that motion please indicate by saying aye.
09:27:49 Opposed, nay.
09:27:51 The ayes have it unanimously.
09:28:00 >>YVONNE CAPIN: Point of order.
09:28:03 To correct a motion from a previous -- or to amend a motion
09:28:08 that I made from a previous meeting, that would be under new
09:28:12 >>CHARLIE MIRANDA: Yes, ma'am.
09:28:14 >>YVONNE CAPIN: All right, thank you.
09:28:15 >>CHARLIE MIRANDA: We go to the public comment of this
09:28:20 Any speakers to come up first, items that are on the agenda,
09:28:23 and not those that are set for public hearings at a certain
09:28:27 That's number one.
09:28:28 And after that we'll open the floor.
09:28:31 >> My name is Linda Saul-Sena here to talk about items 1 and
09:28:43 2 on your agenda which is Kiley Gardens on the Historic
09:28:47 Preservation Commission's work plan list.
09:28:50 This is Vivian Salaga and she's going to hand you a copy of
09:28:55 the editorial in this morning's Tribune.
09:28:58 Mr. Dennis Fernandez is going to speak to you today.
09:29:00 He's going to tell you that he wasn't able to find the
09:29:04 original application.
09:29:07 But make a new one and the friends of Kiley will help the
09:29:11 staff develop this application.
09:29:14 That's the first step in protecting the garden to be locally
09:29:20 designated and then we are able to go out and seek grants
09:29:23 for the protected gardens.
09:29:30 Council has the power to ask Mr. Fernandez to put this on
09:29:34 their work program.
09:29:35 And you can also request that the administration, which is
09:29:39 the official sign-off on the garden because it's owned by
09:29:41 the city, ask that it be protected through the national
09:29:48 Again, the friend of Kiley will help you prepare the
09:29:50 application which is virtually identical to the local
09:29:54 I will not be able to be here later today when you discuss
09:29:56 this item.
09:29:57 I'm on the community foundation grants panel and I want to
09:30:00 make sure that wonderful nonprofits in our community get
09:30:03 that funding.
09:30:04 But I really hope that you will take this next step.
09:30:07 You have already demonstrated interest in the garden.
09:30:09 And this is the next step towards its protection and
09:30:12 ultimately restoration.
09:30:14 Thank you thank you so much.
09:30:14 >> Vivian Solaga, I'm here this morning also representing
09:30:24 American institute of architects heritage committee.
09:30:27 Tampa, as you are very well aware, has very few major public
09:30:33 facilities, and this garden represents one that not only
09:30:41 brings a major public amenity to the City of Tampa but also
09:30:44 represents a significant historic structure within the city.
09:30:49 Also, very few of those left within the City of Tampa.
09:30:53 And I, along with the American institute of architects
09:30:56 heritage committee, would urge you to support the work of
09:31:02 the Historic Preservation Commission to nominate this
09:31:05 facility as a local landmark.
09:31:07 >> Linda Saul-Sena: Thank you very much.
09:31:13 Have a great day.
09:31:15 You all need to ask them to do it.
09:31:17 >>CHARLIE MIRANDA: Next, please.
09:31:18 >> Good morning.
09:31:18 My name is Mike Pheneger of ACLU of Florida and ask to speak
09:31:28 on the clean zone ordinance that you are considering and
09:31:31 reasonable time, place and restriction on those who would
09:31:34 come to Tampa for the RNC, exercising their first amendment
09:31:38 It's important to recognize that any, all of these
09:31:42 restrictions, fundamental exercise and fundamental rights.
09:31:47 Our message today is that the complex draft that will come
09:31:50 before you today is not ready for prime time.
09:31:53 We believe it places many unreasonable burdens on the right
09:31:56 of people to speak, peacefully assemble and protest.
09:32:00 Some elements are just simply confusing.
09:32:02 I am going highlight a few examples.
09:32:06 Duration of parades oh to 60 minutes is unprecedented,
09:32:11 unworkable and Constitutionally suspect.
09:32:16 Demonstrations and parades will involve thousands of people.
09:32:20 The provisions for assembly areas and the movement of
09:32:23 protesters from what one venue to another adds to further
09:32:28 The requirement for a 14-day application in advance is
09:32:31 unrealistic and Constitutionally suspect.
09:32:35 Individuals and groups will be operating many in unfamiliar
09:32:38 territory, will not be as well organized as the city, and
09:32:42 the city should be accommodating.
09:32:44 The ordinance fails totally to address spontaneous
09:32:48 demonstrations arising from the use of social media like you
09:32:51 saw in Egypt during last year.
09:32:53 Young people have Constitutional rights, but the ordinance
09:32:55 allows officials to deny permit applications on the basis of
09:33:00 Another Constitutionally suspect provision.
09:33:03 The prohibition of wearing masks in the clean zone makes no
09:33:07 exception for people who cover their faces for medical or
09:33:10 religious reasons, for example.
09:33:12 As written, the ordinance could encourage profiling
09:33:15 individuals wearing hoodies, as occurred in the Trayvon
09:33:20 Martin case.
09:33:21 The draft ordinance gives law enforcement people almost
09:33:23 unlimited discretion to ban any item from the public viewing
09:33:28 Your clean zone is too large.
09:33:31 It will place many unnecessary restrictions on thousands of
09:33:34 people, people in Tampa's residential neighborhood.
09:33:38 We are also concerned that public officials are justifying
09:33:42 proposed restrictions by emphasizing the possibility that
09:33:46 lawless elements will come to Tampa to cause trouble.
09:33:49 This is a possibility.
09:33:50 But almost all the people who come to demonstrate will be
09:33:54 The police department has the necessary tools to deal with
09:33:57 those who violate.
09:33:58 Finally, one final consideration.
09:34:02 60-minute time limit has been justified by the need to limit
09:34:05 the deployment for officers who will be wearing swat and
09:34:09 heavy riot gear.
09:34:10 This is psychologically troubling because the demonstrators
09:34:14 won't view the people in heavy riot gear wearing swat
09:34:17 uniforms as people who are there to protect and serve them.
09:34:21 On the other hand, the police will be using this, protestors
09:34:25 and people who are potentially dangerous.
09:34:27 (Bell sounds).
09:34:30 >>CHARLIE MIRANDA: Thank you very much.
09:34:31 >> We urge you not to go ahead and pass this ordinance.
09:34:33 We would like you --
09:34:35 >>CHARLIE MIRANDA: Thank you very much.
09:34:36 Your three minutes are up.
09:34:37 >> -- the implementation.
09:34:41 Thank you.
09:34:42 >>CHARLIE MIRANDA: Next, please.
09:34:42 From either side.
09:34:45 [ Applause ]
09:34:47 >> Brian Becker.
09:34:52 I'm also here to speak about the so-called clean zone.
09:34:58 The name clean zone has a ring that implies protest is
09:35:09 Really, the whole idea of clean zone is rather reminiscent
09:35:15 of the portion of east Berlin visible to the west looking
09:35:17 over the Berlin wall.
09:35:23 Clean zone reality of flies comes into focus.
09:35:30 With the Republican convention.
09:35:32 The crowds will not sprawl out in any meaningful way to most
09:35:36 of the clean zone parameters.
09:35:39 In short this is not an attempt to regulate safety but to
09:35:42 limit opposition, protest, peaceful assembly.
09:35:47 As has been noted, the secret service has drawn its own
09:35:50 separate parameter.
09:35:52 Protestors being criminalized in regions of Tampa that will
09:35:57 remain otherwise uneffected by the convention.
09:36:00 The express ban on repealing and various signage is yet
09:36:06 another manifestation of government attempting to keep the
09:36:09 entire city in lock step on message.
09:36:14 It means to treat public and private space as belonging to
09:36:17 one entity, the government and residents of the city are
09:36:21 obliged to comply with sanguinity.
09:36:27 The idea behind protests is not to fulfill OSHA requirements
09:36:33 regarding what cops in body armor can endure in August.
09:36:37 The implication of the ordinance language is that protests
09:36:42 is confined and limited within the confines of what the
09:36:47 police will allow, which rather equates with police rule.
09:36:53 What happened to, quote, Congress shall make no law, a
09:36:58 bridging the right of the people peacefully to assemble?
09:37:01 Thank you.
09:37:03 >>CHARLIE MIRANDA: Thank you very much.
09:37:04 Next, please.
09:37:05 [ Applause ]
09:37:06 >> Good morning.
09:37:13 Council, Mr. Shelby, Mr. Shimberg.
09:37:16 Don Rhode.
09:37:18 In regards to item 70 and 90. Beginning in October of 2011,
09:37:22 and too many times since then to count, I had suggested to
09:37:26 this council the need to amend certain provisions of the
09:37:29 municipal code of the City of Tampa.
09:37:32 I further suggested that you begin now, start early, and not
09:37:37 wait unnecessarily or indefinitely for input from the CIA,
09:37:41 the secret service, or Carmen sand San Diego.
09:37:47 Instead you chose to wait, do nothing, and now this morning
09:37:51 you have the first reading before you, a proposal that
09:37:55 almost does not rise to the level of being unacceptable.
09:38:00 It contains an elongated whereas clause that supposedly
09:38:05 includes recognitions and findings by this body that fails
09:38:08 to mention one word about the Bill of Rights, suggested and
09:38:16 urged upon you now to amend at least this portion of it to
09:38:19 include language that might include words to this effect --
09:38:24 whereas it is the policy of the City of Tampa, it's
09:38:27 government, it's people, its employers and their employees,
09:38:31 that the rights of free speech, assembly and expression are
09:38:35 among those most cherished, frequently exercised, and duly
09:38:41 held by citizens of this city, the State of Florida and the
09:38:43 United States; semicolon, next layer of ba loin, whereas the
09:38:52 demonstration and enforcement of this policy should be
09:38:55 witnessed by persons attending the convention, persons
09:38:58 engaged in nearby activities surrounding the convention, as
09:39:03 well as others who will witness these events from afar
09:39:07 through various means of media services such as television,
09:39:11 radio, print media, and Internet discussion forums; and then
09:39:19 so on with the baloney that you have in there.
09:39:23 Bio mission and neglect the city revealed its true
09:39:27 intentions and focus.
09:39:28 This is about money.
09:39:29 This is about privilege.
09:39:32 And contrary to the mayor's hollow and meaning will you
09:39:36 statements to the contrary it is about business as usual at
09:39:39 City Hall.
09:39:40 The proposed ordinance in its current form is a downgrade
09:39:44 from previous administrations.
09:39:46 (Bell sounds)
09:39:47 Your section 9 deals with obstruction of sidewalks and
09:39:50 placement of items on public property.
09:39:52 As I said before, there is no definition for obstruction
09:40:00 Under the current status of this thing, the mayor will be
09:40:03 wearing his Richard Dick Daly mask, the chief of police will
09:40:10 be wearing her Bull Connor mask and each of you will be
09:40:14 wearing a dunce cap.
09:40:17 Thank you, chairman.
09:40:20 [ Applause ]
09:40:24 >>CHARLIE MIRANDA: Sometimes if you have a head like mine a
09:40:26 dunce cap will do you well.
09:40:31 >> My name is Debby King.
09:40:33 8413 North Armenia.
09:40:39 What I am here to talk about, the agenda item number 7 --
09:40:45 excuse me, I'm a bit nervous -- my concern is regarding the
09:40:51 lack of any mention of protection of the people who will be
09:40:57 attending the convention, the people who live there, and the
09:41:02 protestors against the police.
09:41:06 I never had many run-ins with police until October of last
09:41:15 I saw a police officer.
09:41:17 I wasn't there at the time, but I saw a police officers, a
09:41:20 Tampa police officer charge into a group of people who were
09:41:27 taken down tents on a rainy night, push them down, and then
09:41:31 the upshot is somebody who -- a police officer bumped into a
09:41:36 protestors and that protester is now facing charges of
09:41:40 assault on a police officer.
09:41:43 Other than that, there was no violence by the protestors.
09:41:49 And everything that I have been seeing and there was talk
09:42:02 about the protesters attacking people, but there's in a
09:42:06 mention of protecting them from the police.
09:42:11 We have seen through the occupy protests -- the national
09:42:23 Republican convention.
09:42:24 And I would like to have the focus on protecting the people
09:42:26 from the police officers who are trained to basically -- get
09:42:32 after criminals.
09:42:33 Protestors are not criminals.
09:42:34 So we have people who are trained to be intimidating,
09:42:46 Basically baby-sitting American citizens, intimidating them
09:42:49 with their armor, and making it a hostile situation.
09:42:52 So I would like to see something to address that.
09:42:56 >> My name is Jerry Hammel with the Coalition of the March
09:43:12 on the RNC, representing students, labor and anti-war groups
09:43:15 all over the United States including the participators and
09:43:18 organizers of the 2008 coalition to March on the RNC in St.
09:43:21 Paul, Minnesota.
09:43:22 In January, we filed for a permit requesting to March sight
09:43:26 and sound at the convention.
09:43:29 Since then the city dragged its feet and frankly met us with
09:43:31 hostility when it comes to the idea of protesting the RNC.
09:43:31 (Lost audio)
09:48:08 >> You have a historic to reinforce free speech and the
09:48:10 right to assemble here.
09:48:12 And if you vote yes on this clean zone ordinance you are
09:48:15 betraying that opportunity, and frankly you are betraying
09:48:18 the rights that the patriots in 1776 fought so hard to
09:48:22 Remember, when the mayor comes out and says the protestors
09:48:25 are violent or that we need to limit because of public
09:48:29 safety their rights when they go out, the pro protest in
09:48:33 August, the coalition on the March on the RNC has said we
09:48:39 are going to have a family friendly protest.
09:48:41 There's going to be no violence coming from our side.
09:48:43 And remember when the patriots back in 1770, almost 242
09:48:48 years ago, went out to go protest, the British occupation of
09:48:51 the colonies, it wasn't then them that struck first, it
09:48:55 wasn't them that were violent, it was the British soldiers
09:48:58 that gunned them down in Boston.
09:49:00 And you all have an opportunity to -- Mayor Buckhorn's
09:49:07 characterization of protestors is wrong and his attempt to
09:49:10 limit our speech is wrong.
09:49:12 You have an ability to be the patriots that I know you hope
09:49:16 to be.
09:49:19 And you are going to be able to do that by voting no on the
09:49:21 clean zone ordinance and reinforcing the right of people to
09:49:24 have a peaceful march and voice their opinion about the
09:49:29 national Republican convention in Tampa.
09:49:31 I urge to you live up to your duty as lawmakers.
09:49:34 Thank you very much.
09:49:35 >>CHARLIE MIRANDA: Thank you.
09:49:36 Next, please.
09:49:36 >>> Good morning.
09:49:45 I would like to address a couple issues of the clean zone,
09:49:48 the philosophy --
09:49:50 >>CHARLIE MIRANDA: Your name and address so people know who
09:49:54 you are.
09:49:54 >> My name is Jay pickens. Anyway, speaking to the broader
09:49:58 underlying of such a space and the language of the ban the
09:50:04 glaring uncomfortable values.
09:50:17 Basic things like hoodies and masks are not allowed while
09:50:20 concealed firearms are.
09:50:24 We have reached an absurd situation where efforts to
09:50:27 suppress the first amendment are acceptable while the second
09:50:29 amendment supposedly in place to protect the first remains
09:50:37 And wearing a mood is suspicious.
09:50:47 There is abundant evidence to indicate a strategy of
09:50:50 deescalation starting with police tend to produce better
09:50:54 outcomes than general.
09:50:58 I don't think it is utopian to believe we don't have to act
09:51:02 say physician liberty to obtain security, fanned we do we
09:51:06 will lose both and deserve neither.
09:51:10 >>CHARLIE MIRANDA: Thank you.
09:51:13 Next, please.
09:51:14 >> Keith Cluster, 3104 Magnum court.
09:51:23 The first amendment to the United States Constitution is the
09:51:25 most critical peace of legislation that has come before City
09:51:29 Council in the 25 years that I have lived here.
09:51:31 The fact that the mayor would support this legislation
09:51:34 proves that he cares more about money than preserving our
09:51:37 What is more important to you, councilmen and women?
09:51:40 Freedom or money?
09:51:43 The national convention is bank rolled and very specific
09:51:52 The mayor of Tampa, AKA the state, is not a gift but to hire
09:51:59 a paramilitary force and unnecessary amount of cameras but
09:52:13 No matter how you vote today, if you consider yourself a
09:52:18 patriotic American you must protect our freedom.
09:52:21 People have lost their arms, their legs, their minds and
09:52:24 their lives defending the Constitution.
09:52:28 Will you make the sacrifice in vain or do the patriotic
09:52:31 thing and say nay?
09:52:33 Voting against this -- standing up for what's right often
09:52:40 If you vote against the clean zone you will be a defender
09:52:43 free speech which is arguably the most important cornerstone
09:52:46 of democracy.
09:52:49 Right now freedom lies in the palm of your hands.
09:52:52 Are you going to stop at nothing to protect it as is your
09:52:55 Or will you crush it into oblivion?
09:52:59 You have the opportunity to make a choice between good and
09:53:02 There is no in between.
09:53:04 Will you choose freedom or fascism?
09:53:08 >>CHARLIE MIRANDA: Thank you.
09:53:09 We are down to about six minutes.
09:53:14 >> Myers. Planet Earth. I'm an American, a registered
09:53:24 voter, a resident of Tampa.
09:53:27 I vote in all elections, every single one,.
09:53:31 The proposed clean zone ordinance is a legalization of a
09:53:34 police state.
09:53:35 It violates protects under the Constitution of the United
09:53:41 Regardless of how you vote on this ordinance, it will not
09:53:44 affect us in our freedom of speech and our right to
09:53:46 peacefully assemble.
09:53:48 This is nonnegotiable.
09:53:49 The people are awake.
09:53:52 The people are rising.
09:53:53 We hold each and every person accountable who votes in favor
09:53:56 of the ordinance.
09:53:57 That is my guarantee.
09:54:01 Whichever side of democracy you are on so vote careful.
09:54:05 >>CHARLIE MIRANDA: Thank you.
09:54:07 >> My name is Barry Riley.
09:54:12 This is a little more personal, I think, than the rest, but
09:54:15 I think to protest in public space is the most efficient
09:54:21 form to voice yourself essentially when it's very difficult,
09:54:24 I think many people find it very difficult to voice yourself
09:54:28 in any other manner.
09:54:29 I think it's the most efficient form for anyone to do so.
09:54:34 That being said, I do understand the need for safety
09:54:38 measures when it, but I think the TPD definitely has
09:54:52 millions of dollars to train paramilitary forces, and I
09:54:55 would like to see more -- I really would like to see more of
09:55:03 an effort.
09:55:06 Constant peaceful protest and I think it's being ignored.
09:55:10 And I think that we, the protestors are completely
09:55:15 And I'm mainly irritated because political speech is
09:55:18 supposed to be a top tier of speech, but public speech
09:55:22 that's the most protected and I think obviously has been the
09:55:25 most repressed.
09:55:28 For as long as I am a alive.
09:55:31 I am rather young, but my.
09:55:43 Thank you.
09:55:44 >>CHARLIE MIRANDA: Thank you.
09:55:44 >>LISA MONTELIONE: Since we are running short on time, I
09:55:50 would like to be able to extend the time so that we at least
09:55:54 hear from the last person who is currently standing.
09:55:59 >>CHARLIE MIRANDA: Okay, you want three minutes or less?
09:56:01 >>LISA MONTELIONE: I would prefer three minutes.
09:56:04 >>CHARLIE MIRANDA: All right, three minutes.
09:56:05 I have a motion by Mrs. Montelione, seconded by Mr. Cohen.
09:56:12 All in favor of that motion please indicate by saying Aye.
09:56:15 Opposed, nay.
09:56:16 The last one will be the gentleman, the last one in line.
09:56:20 How do you like that?
09:56:22 All right, yes, sir.
09:56:22 >> My name is Steve Genta.
09:56:26 Yesterday, I heard Councilwoman Montelione on WMBF saying
09:56:31 she never heard where police dress up out of uniform
09:56:38 inciting riots amongst crowds of protestors.
09:56:41 This way the police force react to that and do what they do
09:56:47 Which I find hard to believe because throughout history we
09:56:52 can see in the immediate past the Wall Street movement and
09:56:57 we could see it at the last RNC in Pittsburgh and all across
09:57:03 the country.
09:57:05 She also said Tampa police would not adopt such a
09:57:09 I was at the Occupy Tampa at Curtis Hixon and I experienced
09:57:13 day in and day out police coming in harassing protesters,
09:57:18 discouraging them from being there, taking their signs,
09:57:21 taking their food on Thanksgiving day, food that was
09:57:26 donated, so you can't convince me that police abide by a
09:57:31 moral code.
09:57:35 But let's say the police do abide by some kind of moral
09:57:41 Are we watching the National Guard as well, what kind of
09:57:43 drills they are preparing for, what they are conducting?
09:57:49 I would also like to say -- actually, Ms. Montelione went on
09:57:53 to say that there's going to be a few bad apples in the
09:57:59 crowd amongst the protestors and that's what we have to
09:58:02 protect ourselves from. How are we going to protect
09:58:04 ourselves from the few bad apples in the police force?
09:58:07 Surely not only protestors could be bad apples.
09:58:11 How are we going to protect ourselves from the cross fire of
09:58:14 tear gas and rubber bullets if we can't have masks?
09:58:18 $50 million sounds a lot more like military combat than
09:58:22 public safety.
09:58:31 Which are more protected, amongst the crowd of maybe over
09:58:36 5,000 people?
09:58:39 Most definitely over 5,000 people.
09:58:41 How are we going to hold any police brutality accountable?
09:58:44 Are we going to be passing the blame to each other and no
09:58:47 one gets held accountable?
09:58:51 And that does occur.
09:58:53 It seemsalities strange that some of the humans' rights are
09:58:59 kind of put to the side for special humans.
09:59:04 I think this ordinance not only tramples on the Constitution
09:59:08 but it's more a declaration of citizens of the United
09:59:13 Thank you.
09:59:14 >>CHARLIE MIRANDA: Thank you.
09:59:15 >> My name is Susan Shannon, 2711 west north "B" street.
09:59:26 I want to address the clean zone ordinance, so-called.
09:59:30 First of all, I did hear Mayor Buckhorn say that it is his
09:59:37 job to protect the police which I find extremely bizarre.
09:59:40 I thought it was the police job to protect the public.
09:59:43 If we are passing this ordinance to protect the police, we
09:59:48 really need to take another look at it, because those of us
09:59:52 who are protesting are those at risk here.
09:59:57 The fact is the streets are going to be filled with people.
09:59:59 How are you going to tell this group of 50 from that group
10:00:02 of 50?
10:00:05 The insurance clause, the one-hour time frame.
10:00:09 All those are just absurd in the face of what's actually
10:00:11 going to be happening in this city.
10:00:13 And I want to address the naivete that the Tampa Police
10:00:21 Department is a well-behaved police force, to a person, and
10:00:25 that we are not at risk from them, I tell you that we are.
10:00:28 We have had people charged with crimes they have not
10:00:33 We have had to face officers, I have seen it myself, drop
10:00:37 people off at Occupy Tampa who are mentally deranged, and in
10:00:42 order to create dissent amongst us.
10:00:51 I have also heard from a member of the Sheriff's Department
10:00:53 that they had us infiltrated from the start.
10:00:56 So I do not buy the story that we have no wrongdoing from
10:01:01 the police.
10:01:03 You know, maybe it's one are two and maybe it's all of them.
10:01:05 I don't know. But it's the citizens who are supposed to be
10:01:09 I'm a taxpayer.
10:01:10 I can't go into any city parks now because I tried to
10:01:15 exercise my free speech rights.
10:01:17 Where are my rights?
10:01:18 I pay taxes.
10:01:19 The corporations who get police protection all the time are
10:01:23 widely known to not pay their taxes.
10:01:27 Where are our rights?
10:01:28 I also want to get really to the absurd, and I have six and
10:01:36 seven is inch pieces of string.
10:01:38 This is not a weapon.
10:01:40 Somehow this is.
10:01:47 I do have one made into a tiny news.
10:01:54 That's still seven inches of string might do so harm.
10:01:57 (Bell sounds)
10:02:01 Please vote this down.
10:02:02 It's absurd.
10:02:07 [ Applause ]
10:02:11 >> My name is Russell Bach.
10:02:14 I have a business downtown Tampa.
10:02:16 I live at 1148 -- Drive, I live up in Carrollwood.
10:02:23 When I first heard about this and let me preface all this by
10:02:26 saying, I'm talking from my heart, when I heard about this I
10:02:32 started looking over 18 pages of stuff.
10:02:34 It's not the easiest way to go -- I don't know, but so many
10:02:41 things, the free speech zone, it's huge.
10:02:48 From Rome all the way to 22nd Avenue.
10:02:51 That's a huge area.
10:02:52 And how do you stop people from their own purposes?
10:02:58 And looking at this ordinance it says you -- the RNC is
10:03:06 going to be huge.
10:03:11 And different individuals, this part of the room that part
10:03:17 of the room?
10:03:18 It's an interpretation.
10:03:19 It's ridiculous how big it is.
10:03:20 And it's Draconial rules they are putting down.
10:03:24 And again, like Susan said, it's a weapons thing.
10:03:29 The misconstrued weapons.
10:03:34 Hear that?
10:03:35 That's a weapon.
10:03:36 It can be a weapon.
10:03:40 You can kill somebody with this.
10:03:43 I'm not going to do it.
10:03:45 But it's somebody's interpretation.
10:03:48 And then the fact that firearm are allowed inside the zone,
10:03:53 that's because of state laws, and I but if I can carry a
10:04:06 weapons permit I can carry that.
10:04:07 It doesn't make sense.
10:04:08 And to protect us from the police, huge, and protecting the
10:04:12 police from us, it should be the other way around.
10:04:16 That's it.
10:04:16 Thank you.
10:04:18 >>CHARLIE MIRANDA: Thank you.
10:04:22 Let me just say here that the last gentleman that's going to
10:04:25 speak is the gentleman behind Mr. Dingfelder.
10:04:28 That's when I said that ten minutes ago and that's how it's
10:04:31 going to continue to remain in my mind.
10:04:32 >> My name is Jake Fried, Tampa, Florida.
10:04:38 I have organized more rallies, counter protests and protests
10:04:44 in the last ten years in Tampa, and not once have we ever
10:04:47 had an issue with the police.
10:04:51 We create our own Marshalls who will look over the people,
10:04:55 if we see one of our people getting out of control, we take
10:04:59 them aside, we talk to them, we calm them down.
10:05:03 What I read in the paper is such a violation of my freedom
10:05:06 of speech, whether it's the Republican committee, or the
10:05:11 I want to be able to get my message to them.
10:05:14 However, these regulations are making it difficult for me to
10:05:17 get my message to them.
10:05:19 And I think that definitely is against my Constitutional
10:05:23 right of freedom of speech.
10:05:25 I have nothing bad to say about the police. If they want to
10:05:32 dress in riot gear, so be it as long as they are to protect
10:05:35 us as much as they are to protect the national Republican
10:05:39 I would implore you to vote this down.
10:05:41 Eights violation of all of our rights to speak freely and
10:05:47 get our message to the Republican party.
10:05:51 They are making a fortune on this and they should spend some
10:05:54 of that money protecting our right as much as protecting the
10:05:57 Republican party.
10:05:58 Thank you kindly.
10:06:04 >>CHARLIE MIRANDA: Next.
10:06:04 >> Good morning.
10:06:06 I am reverend Bruce Wright with the poor people's economic
10:06:09 human rights campaign, and the Apostolic Catholic church as
10:06:13 well as one of the organizers for demonstrations at the RNC.
10:06:19 I am here as someone who has many years experience with
10:06:22 so-called police restraint at these conventions.
10:06:25 Ways in Minneapolis St. Paul, one of the organizers there,
10:06:29 and we were actually able to be within a couple blocks of
10:06:33 the convention.
10:06:34 And I find it amazing that you created this clean zone that
10:06:40 restricts not only activity within the clean zone and keeps
10:06:43 us further away from the actual convention, but the mayor
10:06:48 went so far as to say that he wanted to do things city-wide,
10:06:52 which sounds strangely like martial law, and suspending the
10:06:58 This whole ordinance is a suspension of the Constitution,
10:07:03 especially the first amendment.
10:07:04 And as those who have sworn when you took the oath of
10:07:09 office, as did the mayor to uphold the constitution, as did
10:07:13 the city attorney to uphold the Constitution, then you are
10:07:18 duly supposed to uphold the Constitution and the rights of
10:07:21 the citizens of this country to freely assemble and speak
10:07:25 our mind.
10:07:25 If you support this ordinance as it is in any way, then you
10:07:30 are violating the first amendment.
10:07:32 And I would be one of the first people to issue to you, as
10:07:37 well as the city attorney, and law enforcement, a citizens
10:07:41 arrest because you have violated the Constitution.
10:07:44 You have violated civil law.
10:07:46 You have violated international law.
10:07:49 And I urge you to not support this.
10:07:51 And please know that all the organizers of the various
10:07:54 groups organizing for the RNC protests will still do that,
10:07:59 permit or not.
10:08:00 We are not interested in whether you give us a permit or
10:08:03 We are interested in standing up for human and civil rights,
10:08:07 and that is what we are going to do.
10:08:08 And we will, as the poor people's economic human rights
10:08:11 campaign, still do our march on the first day of the opening
10:08:15 convention for the poor and unemployed regardless of whether
10:08:19 you vote for this, permit or not.
10:08:22 We are not here to threaten anybody.
10:08:23 We are here as a nonviolent group that's committed to
10:08:27 nonviolence and direct action.
10:08:29 And please know that this will not be tolerated.
10:08:33 Such heinous ridiculous things that exist in this current
10:08:36 ordinance are unbelievable, particularly the gas mask thing,
10:08:40 where they say that we are not allowed to wear anything to
10:08:42 protect our respiratory tract so we can be essentially
10:08:48 It says it right in your ordinance.
10:08:50 I would stop from bringing in a gas mask and a water pick
10:08:55 because apparently a water pick is more dangerous than a
10:08:59 concealed weapon.
10:09:00 So I want you to know how ridiculous this ordinance is.
10:09:03 If you haven't fully read it, and if you have and you
10:09:06 support it, shame on you.
10:09:07 Thank you.
10:09:08 (Bell sounds).
10:09:10 >>CHARLIE MIRANDA: Thank you very much.
10:09:10 >> Good morning, City Council.
10:09:15 My name is Harry Hoffman.
10:09:18 I'm with the Occupy Tampa group, poor people's economic
10:09:21 human rights campaign.
10:09:25 In regards to this ordinance from doing demonstration was
10:09:28 reverend Bruce Wright in Pittsburgh, Pennsylvania, I have
10:09:34 been around police officers in riot gear.
10:09:36 They can do their job just fine in riot gear or without it.
10:09:43 If they are willing to protect us, the protestors, and not
10:09:51 money laundering idiots at the RNC.
10:09:55 You guys got $50 million within the last year for this RNC,
10:09:59 but yet you guys can't protect our citizen rights.
10:10:03 It's B.S.
10:10:06 >>CHARLIE MIRANDA: Thank you.
10:10:13 >> George McDowell. I have lived here all my life.
10:10:16 I am going to be very brief because I didn't make up a
10:10:18 I'm hoping to have one additional person to talk.
10:10:24 I'm here because I feel my rights are going to be violated.
10:10:28 I feel strongly about many issues including the environment,
10:10:31 civil rights, et cetera.
10:10:34 When the RNC gets here, I may want to come down with a sign.
10:10:37 And I'm not going to go to some cordoned off area in
10:10:41 Pinellas County so that I can talk or some my sign or
10:10:44 whatever I want to do.
10:10:45 As long as I'm not violating anyone's private property or
10:10:54 As far as the police presence, I strongly believe that when
10:11:00 the police force looks intimidating, they generate
10:11:04 I strongly feel that way.
10:11:06 When someone gets in your face, you react.
10:11:09 If you are a hammer, everything is a nail.
10:11:13 I strongly feel that the police should keep a low profile,
10:11:16 be available in case something occurs, but don't promote it
10:11:20 or instigate it.
10:11:23 Thank you very much.
10:11:26 >>CHARLIE MIRANDA: Thank you.
10:11:27 >> Frank Olson.
10:11:33 I want -- this ordinance is unnecessary.
10:11:36 It's inane and Draconian.
10:11:39 It seeks to limit the liberties of the 99% for the safety of
10:11:43 the 1%.
10:11:44 Presently, there are rules, ordinances, state and federal
10:11:49 laws in place sufficient to govern the event.
10:11:51 This ordinance is designed to put lipstick on a pig.
10:11:57 The you've Miami Beach, Florida for applies state within
10:12:00 city limits.
10:12:04 I support this for a free speech zone.
10:12:06 This is still the United States of America where every
10:12:09 sidewalk, street, building and space is a free speech zone
10:12:15 as it states in our Constitution, which all of you,
10:12:17 including the police, the city attorney, swore under oath
10:12:21 when taking office to uphold.
10:12:24 You guys did it twice.
10:12:29 You are elected to represent the citizens and residents of
10:12:30 the City of Tampa, not the RNC.
10:12:34 The mayor insists measures are necessary to deal with
10:12:40 violent protestors.
10:12:41 This ordinance will become a self-fulfilling prophecy and I
10:12:46 am going to tell you why. Norm Stanford is a 34-veteran
10:12:48 police officer who retired at Seattle's police chief in
10:12:53 He is author of "Breaking Ranks," a top cop exposé of
10:12:58 American policing.
10:12:59 These are quotes.
10:13:01 They came from all over, tens of thousands of demonstrators
10:13:04 from all around the world protesting the economic and moral
10:13:06 pitfalls. Our mission as members of the Seattle police
10:13:10 department, to safeguard people and property.
10:13:14 In that order.
10:13:16 Things went well the first day.
10:13:18 We were praised for our friendliness and resistance.
10:13:21 Then came day two.
10:13:22 My support for a militaristic solution caused all hell to
10:13:26 break loose.
10:13:27 Paraphrasing, mayhem ensued, with some cops clearly
10:13:31 overreacting, escalating and prolonging the conflict.
10:13:34 The battle of Seattle as the WTO protest and their aftermath
10:13:39 came to be known as a huge setbacks.
10:13:43 More than a decade later the police response to the occupy
10:13:46 movement most disturbingly visible in Oakland where it
10:13:50 resembled a war zone and a Marine remained in serious
10:13:53 condition from a police projectile, the acute and chronic
10:13:58 problems of American law enforcement.
10:13:59 Seattle might have served as a cautionary tale for the
10:14:02 police forces have becoming increasingly militarized and
10:14:06 it's showing in cities everywhere.
10:14:08 NYPD, white-shirt coding, and people pepper sprayed, the
10:14:12 arrest of two journalists in occupy Atlanta, the declaration
10:14:16 of public property as off limits and the arrest of
10:14:18 protestors for trespassing there.
10:14:21 The paramilitary bureaucracy and the culture it engenders, a
10:14:25 black and white world in which police unions serve above all
10:14:28 to protect the brotherhood, is worse than it was in the
10:14:32 (Bell sounds)
10:14:34 Viewing protestors as the enemy, young people and poor
10:14:38 people of color will forever experience an institution of
10:14:41 militaristic force, not just during demonstrations but every
10:14:44 day throughout the neighborhood in this country.
10:14:47 I will leave with you these words.
10:14:49 >>CHARLIE MIRANDA: Thank you very much.
10:14:50 Your three minutes are up.
10:14:51 >> And give up-
10:14:53 >>CHARLIE MIRANDA: Thank you very much, sir.
10:14:54 I am trying to give everybody the same amount of time.
10:14:56 Thank you very much, sir.
10:14:57 Thank you very much.
10:14:57 Next, please.
10:15:03 >> My name is Lurio Gusto, to speak on this so-called free
10:15:15 speech zone.
10:15:15 This is not a clean zone as you are calling it.
10:15:17 I consider this a sterilized zone.
10:15:20 This is not a clean zone.
10:15:21 This is a dead zone.
10:15:24 What it is killing is our free speech rights, our freedom of
10:15:30 These are Constitutional rights.
10:15:33 If you look at the map, you will see that we have been
10:15:35 designated a very small space in which to assemble, which is
10:15:40 neither within visual nor audible range of the individuals
10:15:45 who will be attending the RNC.
10:15:47 It's my opinion, if somebody cannot see you or hear you, you
10:15:51 have in effect been silenced.
10:15:55 That means that my right to free speech is being violated.
10:16:01 This council or whoever it is that came up with this
10:16:04 legislation has been very clever in their usage of language.
10:16:09 Those of us who had to deal with this kind of thing before
10:16:12 are not fooled.
10:16:15 It says it shall be unlawful for any person with the intent
10:16:18 to cause injury, harm or damage to any person or property,
10:16:22 and then it goes on to give an expensive and Draconian list
10:16:27 of items that may not be brought.
10:16:30 And one thing I would like to speak to again, it says any
10:16:33 gas mask or similar devices to filter all air breathed by
10:16:37 the wearer in an attempt to protect the respiratory tract
10:16:41 and/or space against irritating or noxious gases or other
10:16:47 Masks should include poisonous.
10:16:49 The original draft of this proposal included the word
10:16:53 It was deleted in current versions, and the word noxious was
10:16:59 But I believe it gives a clear demonstration of the
10:17:02 intention behind this legislation.
10:17:05 I feel this legislation is dangerous.
10:17:09 Not just to those who would like to protest today, but
10:17:12 because it sets a horrific precedence for most of the people
10:17:18 of this country about what we are willing to tolerate as
10:17:23 citizens in the United States.
10:17:27 You are in a historical moment.
10:17:30 You have the chance to do the right thing.
10:17:35 If you do not, it will be on your conscience, and it will be
10:17:39 also in the memory of all those who are present and all
10:17:44 those whom your decisions affect.
10:17:48 Please think carefully.
10:17:51 Do not do the "safe" thing.
10:17:55 Do the right thing, not just for those who wish to protest
10:17:58 but for yourself as well, because these things turn around.
10:18:02 And we have seen it historically.
10:18:04 Americans have historical memory.
10:18:09 We need one.
10:18:10 Thank you.
10:18:10 (Bell sounds).
10:18:12 >>CHARLIE MIRANDA: Thank you very much.
10:18:13 Next, please.
10:18:16 [ Applause ]
10:18:17 >> Good morning.
10:18:21 John Dingfelder here on behalf of the ACLU Florida.
10:18:24 First, congratulations to you who just got elected.
10:18:30 I'm here to speak about two items, item 90. That's the good
10:18:35 The second reading for the domestic partnership agenda, I
10:18:38 count about a dozen folks that are here today but that's not
10:18:41 scheduled till later in the meeting.
10:18:43 I urge you to move it up on your agenda.
10:18:45 As to item number 7 and the RNC ordinance, I am not going to
10:18:49 reiterate the numerous items and issues that our president
10:18:54 brought up earlier as well as other citizens.
10:18:58 I would urge to you do one thing, is to slow down on this
10:19:05 You have some great staff.
10:19:06 Mr. Shimberg, Chief Hamlin, other folks have worked on this
10:19:11 long and hard for many, many months.
10:19:13 But now you just got it a week ago.
10:19:16 And it's two pages.
10:19:19 It's complex legal document.
10:19:21 It's complex Constitutional issues.
10:19:26 Several of you discussed with me in the past about the
10:19:28 possibility of work shopping this.
10:19:30 I would say this is complex enough that I would schedule two
10:19:33 And one of the things -- because in the workshop
10:19:37 environment, as you know, you have the opportunity to slow
10:19:40 down, to talk about the details, because the devil is in the
10:19:43 details in this issue.
10:19:45 I'm extremely proud of each and every one of you because I
10:19:48 have watched you for the last year, and you are
10:19:51 detail-oriented people.
10:19:52 This is an issue that you really needs your focus and your
10:19:55 attention on all these types of details.
10:19:57 Not just the 60-minute issue.
10:20:00 Not just the large geography of this.
10:20:03 But I found about a dozen things that I would like to talk
10:20:06 to you about individually, and I talked to some of my folks
10:20:10 in Miami last night who are far better lawyers than I am,
10:20:12 and they found others.
10:20:18 So I urge you even though staff puts it on for first
10:20:21 reading, it's your ordinance today.
10:20:23 It's your discretion.
10:20:25 I urge you to yank it off first reading, hold a couple of
10:20:29 There is no urgency on this.
10:20:31 It's not like the cameras appeared a month ago where they
10:20:34 said we have to get the purchase order in or the tanks or
10:20:37 other things that they might have to be doing.
10:20:40 In their minds.
10:20:41 But in this case, there is no urgency.
10:20:43 This is an ordinance that doesn't come in to play until
10:20:48 The only reason that they need to get this into play is
10:20:51 because there are two permits pending right now.
10:20:54 Two permit applications.
10:20:55 And one of them is from one of our clients, Alvarez.
10:20:58 So we are willing to back off on that permit application,
10:21:01 because we believe it's extremely important for you to
10:21:05 digest this ordinance, to hear from everybody here.
10:21:08 We had a quorum the other day.
10:21:09 Three of you came.
10:21:10 There were 200 people there the other night who were willing
10:21:13 to spend two hours sitting there listening to all these
10:21:18 There's plenty of good reasons for you to slow down on this
10:21:22 issue and to hold workshops and to yank it off first
10:21:26 Thank you very much.
10:21:31 >>CHARLIE MIRANDA: This is the last speaker of this subject
10:21:33 matter as council instructed earlier.
10:21:36 >> My name is Daquiri Jones.
10:21:40 I want to talk about the clean zone ordinance.
10:21:42 Now, I have been arrested five times based on violation of
10:21:46 ordinances, which happened the last couple of months and
10:21:51 thrown out of court because it's unconstitutional.
10:21:54 Those ordinances are really easy to understand, and it's
10:21:58 been misinterpreted and used to silence protestors.
10:22:02 And I have experienced that first hand.
10:22:04 Many of my friends and colleagues, and I do not doubt that
10:22:08 it will happen again with the clean zone ordinance.
10:22:13 Now, I feel strongly about my beliefs, when I was jailed
10:22:21 Thanksgiving day, I didn't eat or drink anything, and I feel
10:22:24 many people will be feeling strongly about the RNC.
10:22:29 Many people feel the nation is in crisis, and many people
10:22:33 want to express themselves and historically the only time
10:22:36 that has been dealt with adequately is through social
10:22:39 movement, any kind of great change done to this country has
10:22:41 been through large social movement, and to increase the
10:22:46 realization of the city isn't something that will happen for
10:22:50 a brief period of time.
10:22:51 It sets a standard to happen again and again in the future,
10:22:54 and what you will see is increasing military force being
10:22:59 used against protestors.
10:23:01 Which is obviously a bad idea.
10:23:03 The ordinance that people have explained to you is vague,
10:23:08 easy to misinterpret, it does not promote safety.
10:23:11 From all of my experiences and experiences that I have had
10:23:13 talking with people who have been at previous protests, the
10:23:17 police will use it as a reason to enter into crowds, to
10:23:22 escalate the situation, as mentioned earlier there, was a
10:23:26 police chief who talked about his experiences dealing with
10:23:31 events similar to this in Seattle, and increasing, it
10:23:37 encourages more violence, there's no benefit to be had from
10:23:41 Many people livelihoods will be at risk.
10:23:45 The only officers will be the ones caught in the act doing
10:23:51 something criminal and endangering someone's well-being.
10:23:57 The trespasses arrested for have been in the presence of
10:24:02 Mayor Bob Buckhorn, not only in the presence of Bob Buckhorn
10:24:05 and captain Brian Dugan but were encouraged by them and
10:24:09 these are the same people who will be looking over the
10:24:11 ordinance and enforcing them, and those are the authority
10:24:15 figures, and I don't trust them.
10:24:16 I don't trust them.
10:24:19 As I said before in court, the arrests that have been made
10:24:24 against protestors, peaceful protestors have been ruled
10:24:29 They have been thrown out of court.
10:24:31 And threatening with arrests.
10:24:33 Wand these simple ordinances that we have to fight against
10:24:35 them, there is no doubt --
10:24:41 (Bell sounds).
10:24:42 >>CHARLIE MIRANDA: Thank you very much.
10:24:44 [ Applause ]
10:24:45 >>CHARLIE MIRANDA: Thank you very much.
10:24:54 I had instructions.
10:24:55 We extended it from 30 minutes to an hour basically.
10:24:58 And that's where I am going to stick to that unless the
10:25:02 council overrules me.
10:25:03 I am going to not even carry a conversation I have already,
10:25:07 and I have an agenda I am going to follow.
10:25:08 >>MARY MULHERN: I make a motion to allow these last two
10:25:12 people to speak.
10:25:15 And this is an opportunity for them to exercise their first
10:25:17 amendment rights, and I think we can afford six more
10:25:22 [ Applause ]
10:25:27 >>CHARLIE MIRANDA: At the end of the meeting I am going make
10:25:29 a motion to get rid of all this 30 minutes and leave it open
10:25:32 for as long as it is.
10:25:36 I want the record to be clear.
10:25:39 We have a motion by Ms. Mulhern, second by Mrs. Capin to
10:25:42 extend it for an additional six minutes.
10:25:44 All in favor of the motion please indicate by saying aye.
10:25:46 Opposed nay.
10:25:47 The ayes have it unanimously.
10:25:49 >> Thank you.
10:25:50 My name is Dennis Segall, 4507 north Nebraska Avenue.
10:25:56 I'm not a radical or anything.
10:25:58 I'm a retired schoolteacher, a minister, it's just that I'm
10:26:03 And what happened to us in Germany, we said never again.
10:26:08 And when we said never again, I don't believe that most Jews
10:26:12 meant never to the Jewish people again.
10:26:16 We meant we would never allow the circumstances that
10:26:20 happened in Germany to happen again.
10:26:23 And it started with taking away freedom of speech.
10:26:27 Germany was not a dictatorship before Hitler, and the people
10:26:31 did have freedom of speech, but little by little the freedom
10:26:34 of speech was curtailed, and it was done by saying we want
10:26:41 you to be safe.
10:26:42 We want everyone to be safe.
10:26:44 And it's not just this.
10:26:47 It's what this propels us into.
10:26:51 And if we can allow our freedoms of speech to be taken away,
10:26:58 we are looking at some really horrific things to happen, and
10:27:02 no one can stand up and do anything about it.
10:27:07 There are things that I don't understand, not being really
10:27:10 much into this.
10:27:11 I don't understand that a mayor will say that basically we
10:27:16 are told that the police are not going to harm anyone, are
10:27:20 not here to harm anyone, and yet the Russians agency over
10:27:26 the Internet said they were shocked to find out that the
10:27:28 City of Tampa ordered tanks and military equipment, not to
10:27:33 harm people.
10:27:34 Now, why would you order tanks and military equipment not to
10:27:38 harm people?
10:27:41 To me it's unbelievable that, you know, very briefly, in the
10:27:47 60s I was in Athens, my sister lived in Greece, we are
10:27:52 were in a hotel and the communists came around the hotel,
10:27:54 and said the hotel is on fire.
10:27:57 These people were violent.
10:27:59 The people that are demonstrating here don't set things on
10:28:04 They are not violent.
10:28:06 They have signs.
10:28:07 They want to be heard.
10:28:08 They want people to know before it's too late that there are
10:28:11 certain things wrong.
10:28:12 Now, why would you put a tank up against them?
10:28:16 Why would you want to hurt them?
10:28:18 Who is the criminal?
10:28:20 Who is the bad guy?
10:28:22 The person that says I want to speak, or the person that
10:28:26 comes at you with a tank?
10:28:29 Thank you.
10:28:30 >>CHARLIE MIRANDA: Thank you very much.
10:28:39 [ Applause ]
10:28:40 >> Mr. Chairman, council member, it's an honor to be here.
10:28:43 My name is reverend Gregory Lockett, representing Poor
10:28:47 People's Economic Rights campaign.
10:28:49 My organization is called Save Our Falsely Accused Victims
10:28:52 of Crimes, to hold the judicial system accountable for their
10:28:56 negligence and mistakes.
10:28:59 At this time right now, I would like to let you know that I
10:29:02 have been in many cities, okay.
10:29:03 I have been to many protests, big protests, okay?
10:29:08 I sent a letter to Tampa.
10:29:10 The law enforcement, I found were very professional in what
10:29:14 they did.
10:29:15 They didn't take their racist attacks, a least from what I
10:29:22 have seen.
10:29:22 The sad thing I hear is that they are going to bring in
10:29:25 2,000 law enforcement officers from outside the Tampa area,
10:29:29 Sanford and other towns that have been marked for high
10:29:33 racism, okay?
10:29:36 I really don't understand this clean zone thing.
10:29:42 What you are doing is carving the exact fear to be
10:29:46 escalated, that you are afraid of might happen.
10:29:49 We are activists.
10:29:51 We are activists. We defy the bureaucratic system and the
10:29:55 What do you think is going to happen to this city when you
10:29:57 try to herd everyone in a corral?
10:30:01 We are not animals.
10:30:02 We are American citizens and we have a right to speak.
10:30:04 We have a right to tell you that you are wrong.
10:30:09 The power should be to the people, not to the government.
10:30:15 And then when things happen, I mean, before your grandson
10:30:23 would say, why do they make them do those things?
10:30:28 You are creating the same chaos that you do not want by
10:30:30 implementing this ordinance.
10:30:34 I don't know how many of you all fought for things in life
10:30:39 and you defied it and you went through it.
10:30:41 We are here to protest.
10:30:42 We are here to let the RNC know that we are tired of the
10:30:48 economic and human rights injustice that they are puking on
10:30:51 the American people.
10:30:52 We are tired of it.
10:30:53 And we have a right to let them know, do you not have a
10:30:56 right to stop us from doing that.
10:31:03 That's all I have to say.
10:31:04 I'll make it very brief.
10:31:05 Do not vote yes on this.
10:31:08 Vote nay.
10:31:10 Or we'll come back and be a black eye in your face in
10:31:14 Thank you.
10:31:16 >>CHARLIE MIRANDA: Thank you very much.
10:31:17 [ Applause ]
10:31:19 The next portion is the request from the public for
10:31:25 reconsideration of any legislative matters that we had at
10:31:27 the prior meeting.
10:31:27 Anyone want to speak on that?
10:31:29 I see no one.
10:31:33 We go to committee reports.
10:31:37 And consent agenda item 7 through 84. But before that I
10:31:41 believe that Mrs. Capin asked the chair, since it's after
10:31:46 9:30 now, for her to bring up item number 90 which Illinois
10:31:52 These are public hearings, and they are not quasi-judicial.
10:31:55 So we'll have to open, for clarity, 9 through 91 at this
10:32:03 I need a motion.
10:32:04 >>MIKE SUAREZ: So moved.
10:32:08 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
10:32:09 Seconded by Mr. Cohen.
10:32:10 All in favor of that motion?
10:32:13 Item 89 through 91 are now open.
10:32:15 Ms. Capin.
10:32:23 These are ordinance force second reading.
10:32:25 If you don't mind, let me take 89 and 90 so we can keep the
10:32:28 record clear.
10:32:50 Item 89?
10:32:52 Item 89?
10:32:57 Anyone here on 89?
10:32:58 >> Good morning.
10:33:08 Rodriguez here for 89.
10:33:17 >>CHARLIE MIRANDA: Anyone from the public to speak on 89?
10:33:19 Number 89?
10:33:19 I see no one.
10:33:20 I need a motion to approve.
10:33:22 I have a motion by Mr. Reddick, close second with Mr. Cohen.
10:33:25 All in favor of the motion?
10:33:27 The ayes have it unanimously.
10:33:29 Mr. Suarez, would you kindly take number 89?
10:33:33 >> Thank you, chair.
10:33:34 Ordinance being presented for second reading consideration.
10:33:38 An ordinance amending and restating chapter 8 City of Tampa
10:33:41 code of ordinances, cemeteries, providing for repeal of all
10:33:45 ordinances in conflict therewith, providing an effective
10:33:49 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
10:33:50 I have a second by Mr. Cohen.
10:33:52 Roll call vote.
10:33:55 Vote and record.
10:33:55 >>THE CLERK: Motion carried unanimously.
10:34:13 >>CHARLIE MIRANDA: Item number 90.
10:34:17 Ms. Capin, legal department?
10:34:20 Who is making the presentation on 90?
10:34:39 >> She has to say a few words.
10:34:43 >> Kate Taylor, legal department.
10:34:51 You have the domestic partner registry ordinance on the
10:34:53 second reading.
10:34:55 I will be brief.
10:34:56 We reviewed it extensively.
10:34:57 Legal approved it. I will leave you to consider it on
10:35:03 second reading.
10:35:03 >> Anyone in the audience care to speak on item 90 at this
10:35:09 Come forward.
10:35:09 >> My name is Ed Riley, 2621 Ryan circle.
10:35:20 I'm really here just to thank the City Council for your
10:35:22 unanimous vote at the first public hearing for domestic
10:35:26 partner registry, and to let you know after living here for
10:35:30 33 years, my partner and I -- 34 years are proud to be part
10:35:34 of Tampa because at every opportunity to embrace diversity
10:35:39 and fairness, the City Council has always stepped up to the
10:35:43 And I am going to thank you in advance for that.
10:35:45 >> My name is James Henry, director of the mid Florida
10:35:52 regional office of the ACLU and my comments are brief.
10:35:56 I am very pleased and excited about you taking this issue
10:35:59 up, and I thank you for your support.
10:36:01 We feel that it's the right thing to do, to create an
10:36:04 environment that is inclusive of all couples and families.
10:36:08 Thank you very much.
10:36:08 >>CHARLIE MIRANDA: Thank you.
10:36:09 Next, please.
10:36:09 >> My name is Kathy James.
10:36:14 I'm at 11803 Ross main drive, Riverview, Florida.
10:36:19 And as a resident of the county, I really tremendously
10:36:25 appreciate this.
10:36:26 I work in the city.
10:36:28 My partner of 17 years works in the city.
10:36:31 Our son goes to school in the city.
10:36:37 We go to church here in the city.
10:36:40 And I just want to thank you all for taking this under
10:36:47 consideration, and hopefully have a unanimous vote today,
10:36:50 because I want you to understand that it affects not only
10:36:53 the residents of the city, but it will also affect those of
10:36:57 us that sleep in the county and work and play and worship in
10:37:02 the city.
10:37:03 Thank you.
10:37:04 >>CHARLIE MIRANDA: Thank you very much.
10:37:05 In, please.
10:37:06 >> Good morning.
10:37:10 I'm Sally Phillips, 7736 Jody Lynn drive, and I was here at
10:37:16 the last meeting, and expressed my appreciation to each of
10:37:23 And I want to do that again.
10:37:24 I am excited about today.
10:37:27 I would like to see this be passed on a unanimous vote.
10:37:33 I, like Cathy James that just spoke, my partner and I do
10:37:37 live in the county but we do most of our activities in the
10:37:41 And the other thing I would like to do is wish Harry Cohen a
10:37:45 happy birthday.
10:37:48 But, anyway, I thank you all so very much.
10:37:51 For what you are getting ready to do.
10:37:53 And I'm here because I want to celebrate that.
10:37:56 Thank you.
10:37:57 >>CHARLIE MIRANDA: Thank you.
10:37:58 Next, please.
10:37:59 >> My name is Deke Freal, still at 2907 San Raphael, Tampa,
10:38:08 I spoke on the other thing only because I just heard about
10:38:11 But I want to thank you so very much for what you are about
10:38:14 to do today.
10:38:14 This is not only important to my partner of 32 years and
10:38:18 myself, all of the gay and straight couples that have been
10:38:24 living together that have to deal with emergencies and
10:38:27 things where it's beyond our control to make decisions for
10:38:30 each other.
10:38:32 But you are making a statement that Tampa is a welcoming
10:38:34 city, and everyone is welcome, and that is so important, and
10:38:38 I have never been so proud to live in Tampa for the last 25
10:38:43 I hope it's a unanimous vote.
10:38:49 Fill that chair up so we can Vermont, please.
10:38:52 Harry, happy birthday.
10:38:53 >>HARRY COHEN: Thank you so kindly.
10:38:56 >>CHARLIE MIRANDA: Next.
10:38:57 Anyone else care to speak?
10:38:58 Last call.
10:38:59 After that there will be no alcohol.
10:39:01 [ Laughter ]
10:39:02 Yes, sir?
10:39:08 >> I support the partnership registry.
10:39:13 Thank you for passing it.
10:39:17 I have been in domestic partnership for over 13 years now.
10:39:20 I had some issues along the way of dealing with being -- I
10:39:23 was in a hospital.
10:39:24 My partner was in there.
10:39:29 They didn't let me answer questions for him that I know
10:39:31 better than he did. Since then, we signed a paper that will
10:39:42 not happen again.
10:39:43 My partner is good and happy.
10:39:45 And I am even happier.
10:39:47 Thank you.
10:39:48 >>CHARLIE MIRANDA: Thank you very much.
10:39:48 Anyone else on item number 90?
10:39:50 I need a motion to close.
10:39:51 >> Moss motion to close.
10:39:54 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr. Cohen
10:39:56 on item 90 to close.
10:39:58 All in favor?
10:39:59 The ayes have it unanimously.
10:40:01 The chair yields to Ms. Capin.
10:40:09 I'm sorry, Mrs. Montelione.
10:40:11 >>LISA MONTELIONE: Thank you.
10:40:12 I think she knows what I am going to say.
10:40:16 Many people view this as an issue that -- or an ordinance
10:40:21 that will affect only the community of same sex couples, but
10:40:28 my fiancée and I will be together, it will be ten years in
10:40:31 November, and I have always heard that I am going to be the
10:40:34 first one to register, and I know people will wig out over
10:40:45 who gets to be first but I just have to go to the desk so I
10:40:49 think I am going to be first.
10:40:50 And many saw I was absent at the first reading and I want to
10:40:55 clarify that I was very, very ill that day and I would have
10:40:58 been here if I could, and I think Ms. Capin was waiting for
10:41:02 me because she knows how strongly I feel about this.
10:41:06 It is a great day in Tampa and it's only some point in time
10:41:15 that our counterparts in Hillsborough County at the Board of
10:41:18 County Commissioners will also embrace everyone in this
10:41:23 community, and this would be something that we could lead on
10:41:29 and they may follow.
10:41:33 [ Applause ]
10:41:34 >>MIKE SUAREZ: Thank you, chair.
10:41:35 And I want to reiterate about Ms. Montelione.
10:41:38 Someone made a comment to me about her missing the first
10:41:41 And I said believe me, she must have been on her death bed
10:41:45 to not be here.
10:41:46 [ Laughter ]
10:41:46 Now, it may have been that your fiancée trapped you and did
10:41:54 not you want to be the first one to file for domestic
10:41:58 [ Laughter ]
10:41:59 But I want to congratulate everyone that's here.
10:42:00 Those people that live in the county, you can move in the
10:42:03 I think that would be a good idea.
10:42:05 And secondly, I want to congratulate our colleague
10:42:08 Councilwoman Capin for the leadership that she showed on
10:42:11 this particular issue.
10:42:12 I think that we all know that we are all in support of this
10:42:16 but at the same time I think that her presenting it and
10:42:19 being the lead on it is a great thing.
10:42:21 And we really want to thank everyone for their
10:42:24 It's not very often as you have seen previously that we get
10:42:28 accolades when we do something that people like.
10:42:30 And we like to hear that every once in a while.
10:42:33 So thank you very much for your support, and thank you very
10:42:36 much very much for being here.
10:42:41 >>CHARLIE MIRANDA: Mr. Cohen.
10:42:42 >>HARRY COHEN: Thank you very much.
10:42:44 And I am reminded that when Councilwoman Capin proposed this
10:42:49 originally, there was some connection to the birth of her
10:42:54 grandson, and I'm very happy to be voting nor on my
10:42:58 But I want to say one thing additional that has come up in
10:43:05 the course of the last few weeks.
10:43:08 I want to particularly thank our clerk Shirley Foxx-Knowles
10:43:12 and her staff because they have been working really hard to
10:43:14 come up with the nuts and Bolts procedures of how this is
10:43:17 going to work.
10:43:18 And one of the things that I discussed with the clerk this
10:43:22 week is how and under what mechanism these agreements will
10:43:26 be recorded in the official record of Hillsborough County.
10:43:30 And the reason that that's very important, aside from
10:43:34 creating a permanent record in the same place that deeds and
10:43:39 mortgages are kept, is that those records are available
10:43:43 So it's not unreasonable to believe that if a document is
10:43:47 recorded there, if someone needs access to that document,
10:43:50 they won't have to have a copy of it with them.
10:43:52 They actually could bring up an image on something like
10:43:56 their iPhone or their iPad and actually have direct
10:44:00 access to it in order to present it.
10:44:03 So that's something that is sort of an ongoing discussion
10:44:07 but is just something that will add to the ability of people
10:44:11 to take advantage of what it is that we are going to have in
10:44:16 >>CHARLIE MIRANDA: Thank you.
10:44:16 Any other council member?
10:44:17 Ms. Capin?
10:44:19 >>YVONNE CAPIN: Yes.
10:44:23 Councilman Cohen, happy birthday.
10:44:25 And did you say my grandson?
10:44:31 >>CHARLIE MIRANDA: I was going to come to your defense.
10:44:36 >>YVONNE CAPIN: Thank you.
10:44:36 Yes, again, I am so very pleased to bring forth this
10:44:39 ordinance that represents what a small step bringing dignity
10:44:45 and equality to all.
10:44:48 I'm especially pleased by the positive reaction and
10:44:51 overwhelming support of this ordinance by my fellow council
10:44:56 members, and this -- as I sit here on this dias, I can state
10:45:02 without any reservation or hesitation that I am very proud
10:45:06 to be a Tampania, and if you need translation -- with that I
10:45:16 will read the ordinance.
10:45:17 An ordinance being presented for second reading and
10:45:19 adoption, an ordinance of the city of Tampa, Florida making
10:45:23 comprehensive provisions total city Tampa code of ordinances
10:45:26 chapter 12, human rights, creating article V, domestic
10:45:31 partnership registry, sections 12-120 through 12-126,
10:45:38 providing for repeal of all ordinances in conflict,
10:45:43 providing for severability, providing an effective date.
10:45:45 >> Second.
10:45:48 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.
10:45:50 I have a second by Mr. Suarez.
10:45:51 Roll call vote on item number 90.
10:45:54 Vote and record.
10:45:54 >>THE CLERK: Motion carried unanimously.
10:46:06 >>CHARLIE MIRANDA: We go to item number 91.
10:46:08 Item number 91.
10:46:09 [ Applause ]
10:46:19 >>YVONNE CAPIN: Okay.
10:46:20 We are going to milk this.
10:46:24 I want to -- in the ordinance, it has implementation within
10:46:30 309 days.
10:46:31 09 days from today is the Fourth of July.
10:46:33 How appropriate.
10:46:35 Thank you.
10:46:39 >>CHARLIE MIRANDA: All right.
10:46:40 Item number 91.
10:46:42 Ordinance presented for second reading regarding the boat
10:46:47 >> Maurice Rodriguez with the legal department, here on item
10:46:52 91, the boat docks and waterways.
10:46:57 >>CHARLIE MIRANDA: Go on.
10:47:00 That's it?
10:47:04 Does anyone care to speak on item number 91?
10:47:06 >> Close the public hearing.
10:47:11 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mr.
10:47:14 Would you like to speak?
10:47:18 I have a motion to close.
10:47:19 All in favor of the motion please indicate by saying aye.
10:47:22 Opposed nay.
10:47:24 The ayes have it unanimously.
10:47:26 Mr. Reddick, would you take number 91?
10:47:28 >>FRANK REDDICK: Thank you, Mr. Chair.
10:47:30 Move an ordinance being presented for second reading and
10:47:33 adoption, an ordinance of the city of Tampa, Florida
10:47:35 amending City of Tampa code of ordinances, chapter 14,
10:47:38 offenses, article V, boats, docks and waterways, providing
10:47:43 for severability, providing for repeal of all ordinances in
10:47:47 conflict, providing an effective date.
10:47:49 >>CHARLIE MIRANDA: Motion by Mr. Reddick.
10:47:50 Seconded by Mr. Suarez.
10:47:52 Roll call vote.
10:47:53 Vote and record.
10:47:53 >>THE CLERK: Motion carried unanimously.
10:48:03 >>CHARLIE MIRANDA: We are going to go to item number 5, CEO
10:48:09 of the Florida orchestra for five minutes.
10:48:10 And then we'll go to item number 7.
10:48:12 Is he here?
10:48:22 Five minutes.
10:48:22 >> I'll stay under five minutes.
10:48:24 >> Well, last time did you 15.
10:48:26 I remember.
10:48:26 I don't forget too much.
10:48:27 >> I'll watch the clock.
10:48:30 Thank you very much for allowing me to come and speak with
10:48:33 And for the tremendous support that council provides to the
10:48:38 Florida orchestra and to the community arts throughout the
10:48:43 The orchestra has worked quite hard over the last few years
10:48:46 to become an ever-better servant to this community.
10:48:53 In the last few years we have launched a major accessibility
10:48:56 initiative through which we have tried to have flexibility
10:49:02 and simplicity to become easier for the general public to
10:49:07 attend the orchestra.
10:49:08 We have experimented extensively with new subscription
10:49:12 series in daytime formats and other formats that are
10:49:18 bringing in nuances from a broader walk of our community.
10:49:24 We have partnered with the Tampa Bay Lightning.
10:49:27 We have made our first major label recording.
10:49:31 And we have launched our partnership with the music
10:49:38 institute of Cuba in Havana.
10:49:43 With our partnership with Havana, we brought straws down to
10:49:52 Havana for students.
10:49:53 In September and October we brought a small ensemble of
10:49:56 musicians who taught master classes, who gave a performance,
10:50:02 which frankly before we went down I thought was the
10:50:05 important part of our trip.
10:50:06 By the time when came back I thought the important part of
10:50:08 our trip was the dozen performances of Cuban performances
10:50:12 that we attended while we were down there.
10:50:14 My sense was that we came back with a much broader
10:50:18 understanding and appreciation for the extraordinary breadth
10:50:22 in Havana, and I think they would appreciate our sincere
10:50:29 interests and how impressed we were by what we saw and
10:50:35 experienced in their country.
10:50:37 The next stage in this partnership is their conductor here
10:50:48 in May, and then in November we are bringing the orchestra
10:50:51 for three days, we will be giving a joint chamber concert at
10:50:55 the Cuban club in Ybor City.
10:50:59 They will perform a full orchestra performance, and they
10:51:05 will teach master classes throughout our community.
10:51:09 In February of 2013, our music director will conduct their
10:51:15 orchestra in Havana.
10:51:17 And then in the winter of 2013-14 our full orchestra will go
10:51:20 down and visit them.
10:51:23 This would not be possible if we were not in a community
10:51:25 that valued the arts and the level that this community does,
10:51:30 and we are grateful for the representation of that value
10:51:37 that council makes.
10:51:39 As I said, I tried to stick to three minutes, so I will wrap
10:51:43 up now.
10:51:44 I do have a present for Councilman Cohen for his birthday.
10:52:00 >>CHARLIE MIRANDA: Thank you very much.
10:52:00 I appreciate it very much.
10:52:03 I don't have a full council so I am going hold 7 until they
10:52:07 are here.
10:52:14 We are going to do -- -- if I may, while I am waiting for
10:52:24 the full council to arrive, I would like to open the second
10:52:28 hearing between 92 and 100.
10:52:33 And the reason for that is so I can get the department heads
10:52:36 back to work, especially I am going to do, if I may also
10:52:40 open not only 92 through 100, but 101 through 107 so I can
10:52:52 get those department heads to go back to work.
10:52:55 >>MARY MULHERN: Move to open 92 through 107.
10:53:05 >>MIKE SUAREZ: Second.
10:53:07 >>CHARLIE MIRANDA: All in favor?
10:53:08 That's open.
10:53:09 Then I need to open 102 through 107?
10:53:14 That's all included.
10:53:16 Thank you very much.
10:53:21 We are going to do the departments of 102 through 107.
10:53:29 Water department.
10:53:30 And the reason for that is there's a meeting today in
10:53:32 Brooksville for some dollars that could be obtained for the
10:53:35 City of Tampa through SWFWMD for minimum flows, and I would
10:53:40 like to get 105 moving, if I can, if there's someone from
10:53:44 the water department here, so that I could try to get those
10:53:52 moneys in.
10:53:53 No one from the water department here?
10:53:58 Well, adios.
10:53:59 All right.
10:54:04 Full council is here.
10:54:05 We will go back.
10:54:06 Are you 105?
10:54:09 105 is between 104 and 106.
10:54:19 All right.
10:54:19 >> Weight water department.
10:54:25 105 is approving a contract with Occidental chemical.
10:54:36 >>CHARLIE MIRANDA: Any questions by council members at this
10:54:38 >>LISA MONTELIONE: Is this an item on the -- is this an
10:54:45 open bid?
10:54:46 >> We go to an open bid and then part of the bid pro Tess
10:54:49 sees we link to the an index for the price associated with
10:54:53 the index and the commodities.
10:54:54 >>LISA MONTELIONE: Thank you.
10:54:56 That's the only question I have.
10:54:57 >> Any further questions by council members on 105?
10:55:01 >> Move resolution 105.
10:55:04 >> Second.
10:55:06 >>CHARLIE MIRANDA: Let me have Mr. Reddick move the
10:55:08 resolution, second by Mr. Cohen on 105.
10:55:11 All in favor?
10:55:14 The ayes have it.
10:55:16 I believe unanimously.
10:55:18 All right, we have the full council.
10:55:19 I will stop there.
10:55:20 We go back to item number --
10:55:31 >>JIM SHIMBERG: City attorney.
10:55:32 I thought that maybe we could --
10:55:35 >>CHARLIE MIRANDA: If I may interrupt for one second.
10:55:37 This is the first reading according to the bylaws and the
10:55:42 A public participation in the second reading of this, even
10:55:46 though we held today and we appreciate everyone coming down
10:55:49 and stating their facts.
10:55:50 But just so we don't get carried off the areas here, the
10:55:55 public will be allowed to speak at length in the second
10:55:57 hearing, not the first.
10:55:59 Yes, sir.
10:56:02 Shim a couple of issues that I want to mention.
10:56:05 First of all, we have been working on this very diligently
10:56:09 and in good faith.
10:56:10 We worked with people like Mr. Dingfelder and others.
10:56:13 Obviously, there's still questions that people have, and we
10:56:16 would like to be able to address some of those.
10:56:18 The reason that we brought it up now was a couple different
10:56:23 Number one, we did have some requests like Mr. Dingfelder
10:56:30 he's and we are happy that he's willing to hold off on that
10:56:33 which we are completely in support of.
10:56:36 The second reason was we wanted to go ahead and have
10:56:38 whatever rules we put in place, in place as early as
10:56:41 possible so everybody would be able to understand what they
10:56:43 were and be able to make arrangements to be able to comply
10:56:46 with them.
10:56:48 So it is not absolutely essential that this be done today
10:56:52 and are willing to work with council and the public.
10:56:56 And Chief Hamlin and Chief Castor, Mayor Buckhorn I haven't
10:57:01 heard back, but whatever council wants to do we are okay
10:57:03 It's not essential that it move forward today.
10:57:05 However, it is essential that we get opportunity to explain
10:57:09 what we have been working on and why we think it's
10:57:11 important, and try to answer a lot of the questions that
10:57:13 have been raised.
10:57:16 For example, when Mr. Rhodes talked about a couple of
10:57:21 whereas clauses that he would propose be added, I have only
10:57:25 had a chance to look at them quickly but in my first review
10:57:28 I think that's probably fine.
10:57:29 We are not trying to do anything other than the things that
10:57:32 he stated in his whereas clause.
10:57:36 That's an example that we could look very seriously at
10:57:41 adding to in the ordinance.
10:57:46 There's also been some discussion about the public viewing
10:57:49 area and sight and sound and things like that.
10:57:52 We are not in any way trying to keep the public away from
10:57:58 their Constitutional rights to get within sight and sound of
10:58:02 the delegates.
10:58:03 We are working carefully with secret service and other
10:58:07 security and transportation considerations to try to come up
10:58:10 with an area where the public would be able to be without a
10:58:16 permit, and hopefully be, you know, relatively close to
10:58:21 where the convention is taking place.
10:58:24 That does not require a permit.
10:58:26 We are talking about allowing that area to be 24-7.
10:58:29 So we are working very hard to try to make sure that
10:58:33 everybody who is here, whether they are official members of
10:58:36 the convention, which people are correct, Tampa do want the
10:58:42 convention to be a positive thing.
10:58:44 Also people want to come here to exercise their first
10:58:46 amendment rights and we want to make sure they are given
10:58:48 every absolute Constitutional rights that they have.
10:58:51 So we are working hard to do that, and we are trying to also
10:58:57 give law enforcement the tools they need based on all the
10:59:01 research that they have done and everything that's happened
10:59:03 at other events like this ever since 1999 in Seattle which
10:59:07 was mentioned today.
10:59:15 We don't want things like that to happen in Tampa, that's
10:59:18 why we give law enforcement the tools to keep things safe
10:59:22 because unfortunately everybody that comes here -- we don't
10:59:27 want to infringe on anybody's first amendment rights but we
10:59:30 also need to make sure that law enforcement has the tools
10:59:34 they need to keep Tampa safe and keep our citizens safe.
10:59:41 We can't control what the Florida statutes are, but the
10:59:45 legislature put a rule in to say that we can't ban firearms.
10:59:49 We can't do anything about that.
10:59:50 So we are doing the benefits we can, working in good faith,
10:59:57 not trying to take away anybody's first amendment rights.
11:00:00 There are legitimate questions that you guys have raised in
11:00:02 your meetings with you, as well as in our discussions, we
11:00:05 have been talking about Mr. Dingfelder and he's probably the
11:00:10 first one that I gave a copy to, the early draft.
11:00:13 He's seen many drafts.
11:00:16 We have listened to them all and considered them.
11:00:18 So let me give the chief a chance to talk a few minutes.
11:00:24 >> Thank you.
11:00:26 Mr. Marc Hamlin, chief of police along with Chief Castor in
11:00:32 the Tampa Police Department.
11:00:33 I agree, there are a lot of misconceptions.
11:00:36 Nothing was done arbitrary in this ordinance.
11:00:38 The area, the ordinance was based on ba we have seen in
11:00:41 energy from other events in the past.
11:00:43 We have mapped those out.
11:00:44 We have got ten data, statistics from other areas that
11:00:47 hosted these political nominating conventions so that wasn't
11:00:50 done arbitrarily.
11:00:51 Also, the items that are in there that are prohibited were
11:00:55 used by criminals and other activities, criminal activities
11:01:00 during other conventions and things like that.
11:01:02 So like I said that wasn't arbitrary.
11:01:05 One thing, the 60 minutes for the parade doesn't affect the
11:01:11 protests and first amendment rights areas whatsoever.
11:01:15 But we have had some discussions with groups that are --
11:01:21 groups that being in conflict with them and confrontation so
11:01:25 we have limited the time so that these groups can have their
11:01:28 own time separate from one another so there wasn't conflict
11:01:31 and confrontation.
11:01:33 That's an issue that's been brought to our attention by some
11:01:35 groups, as well as the heat index.
11:01:38 The heat index is going to be huge. It's going affect our
11:01:41 police deployment.
11:01:42 But that police deployment will be seamless and won't affect
11:01:44 the 60-minute parade type thing.
11:01:47 So that wasn't a consideration.
11:01:48 The heat index was a consideration for the parade marchers.
11:01:53 As far as discretion, discretion is a huge part of law
11:01:57 We use a commonsense approach.
11:02:03 The supervision is going to be tremendous.
11:02:05 The oversight at convention will be tremendous.
11:02:08 Yes, we are bringing in officers from other jurisdictions,
11:02:10 but they won't be in sensitive positions.
11:02:13 That will be dealing with conflict and crowds.
11:02:15 Those type of officers that are deputies coming in from
11:02:17 other jurisdictions will typically be in security posts on
11:02:21 traffic posts and not dealing with crowd management and the
11:02:24 issues that are basically concerned in this ordinance.
11:02:26 And I can tell you, all arrests must be approved by
11:02:30 commander, not arbitrary, and an officer doesn't make an
11:02:35 arrest on his own accord.
11:02:36 It goes through a process.
11:02:38 And we will have prosecutors and attorneys embedded into
11:02:40 that process so that we know we are making lawful and proper
11:02:43 So like I said, we have no problem with slowing this process
11:02:47 down due to these misconceptions but I wanted you to know
11:02:50 this has been well thought out and there's a lot of work
11:02:53 that went into it and it's not just arbitrary means by which
11:02:56 the ordinance is drafted.
11:03:01 >>CHARLIE MIRANDA: I have council members that would like to
11:03:02 Mr. Suarez.
11:03:07 Mr. Reddick.
11:03:08 And then we will go on to the rest of them in that order.
11:03:11 Mr. Suarez.
11:03:11 >>MIKE SUAREZ: Chief Hamlin, what is the thought process
11:03:17 behind the clean zone concept?
11:03:21 Two questions.
11:03:21 First, has this been done at other types of large events
11:03:26 like other conventions, or even, you know, G-7 conferences,
11:03:30 things like that?
11:03:31 And secondly, you know, how do you determine the size of the
11:03:36 clean zone itself?
11:03:40 >> I can tell you I have gotten some testimony from St.
11:03:43 Paul, Minnesota where something similar was not enacted and
11:03:46 it caused the police some tremendous issues, and I think
11:03:48 everyone on the council is familiar with what occurred
11:03:50 there, the first, second and fourth day of the cop
11:03:54 And a place like Denver which hosted the DNC back in 2008
11:03:59 did enact a similar ordinance.
11:04:01 As a matter of fact we used that ordinance as a guideline
11:04:02 along with others.
11:04:03 And it was very effective for them and I think they have
11:04:06 been praised by how well they ran their convention as far as
11:04:08 the public safety standpoint.
11:04:10 The area that we have mapped out is a very similar geography
11:04:15 to events energy that occurred in other jurisdictions that
11:04:20 hosted political nominating conventions.
11:04:22 Pittsburgh, hosted the G-20, sets.
11:04:25 So like I said, it wasn't arbitrary.
11:04:27 But when you map that energy out and geographically take the
11:04:31 forum as the center where the convention is and gee
11:04:34 graphically map it, that's where we came up with that.
11:04:37 We are concerned that people would go to other parts of the
11:04:39 city that aren't managed by this ordinance and create havoc.
11:04:44 That's definitely a concern.
11:04:45 Our first thought was we should do this for the whole city
11:04:48 but we have data to prove that this area is going to be
11:04:51 >>MIKE SUAREZ: And wasn't Miami at one point they did the
11:04:56 entire city for a large event that they had?
11:04:58 I believe someone mentioned that to me in the past.
11:05:00 >> I believe that was the free trade, 2003.
11:05:05 I believe you are correct.
11:05:06 >>MIKE SUAREZ: Mr. Shimberg, I have a quick question four.
11:05:11 In terms of the draft ordinance that we have before us, I
11:05:15 know you have been meeting with members of the ACLU.
11:05:18 In fact, I think the former city attorney Chip Fletcher had
11:05:22 met with previous -- not Mr. Dingfelder because weighs not
11:05:26 with the ACLU at the time, but it was about a year that
11:05:29 people have been going back and forth in terms of discussing
11:05:32 How long ago did you give the ordinance or when was this
11:05:35 draft ordinance finally kind of put in paper form and given,
11:05:40 do you know?
11:05:43 >>JIM SHIMBERG: Again this ordinance has been in the works
11:05:44 for more than two months, and it's gone through a lot of
11:05:47 different changes as we talked to law enforcement, worked
11:05:52 for transportation, other public safety issues as well as
11:05:57 Mr. Dingfelder I think saw the first draft probably, I don't
11:06:00 New York City six weeks ago, something like that, about six
11:06:03 weeks ago, he saw the draft.
11:06:06 If I can answer one other of your questions.
11:06:08 There was a lot of comments earlier about the name of this
11:06:11 being a clean zone and how that somehow has some secret
11:06:15 And the reason it's called that is because that's what the
11:06:19 city has done previously for Super Bowls.
11:06:22 They have put what they call the clean zone ordinance in
11:06:25 That really was done only because it was something the city
11:06:27 has done before.
11:06:29 If you guys want to call it something different we can
11:06:31 change the name.
11:06:32 It wasn't done with any kind of secret reasons or anything
11:06:35 like that.
11:06:35 So again --
11:06:39 >>MIKE SUAREZ: We heard a lot of words last time, fascist,
11:06:42 Draconian, which conjures up a certain type of viewpoint.
11:06:47 I don't agree with any of those.
11:06:49 I know that in fact if you look at historical reasons, I
11:06:53 don't think that we even get close to being a fascist state.
11:06:57 But that's my own historical reading of it.
11:07:00 And I understand what you are saying is that what's a good
11:07:03 way of naming it anyway?
11:07:05 You have to have some kind of operational name.
11:07:08 And you are going to have to figure out how to train your
11:07:10 police force based on what the criteria is in that
11:07:14 particular zone.
11:07:16 >>JIM SHIMBERG: Again the size of it was based, as said, on
11:07:19 instances that happened in other cities that have had events
11:07:23 such as this.
11:07:24 So in my personal opinion, if I lived in one of the areas
11:07:29 that was included in this, I would think it was a positive.
11:07:31 Some people heard that.
11:07:33 Other people have said that's a negative.
11:07:35 And so that will be up to you guys.
11:07:37 And again, we can answer the questions.
11:07:39 We can tell you the rationale that we have behind every word
11:07:44 in this ordinance.
11:07:45 It doesn't mean that it can't be tweaked or changed or
11:07:49 And again, I agree with Chief Hamlin, if you want to slow
11:07:53 this down a little bit and Mr. Dingfelder is not demanding
11:07:57 an answer to his parade request, we can slow it down a
11:08:00 little bit and have a thorough discussion about it.
11:08:03 And I would ask that we try to get in the place as early as
11:08:07 possible, so basically there won't be any questions.
11:08:10 We don't want to be in front of you, you know, in the
11:08:12 beginning of August at a special meeting saying we have got
11:08:14 to get this done today.
11:08:16 We would rather bring it to you with plenty of time for you
11:08:19 to give it thorough consideration.
11:08:22 We tried to meet with as many of you individually as
11:08:25 possible to answer questions.
11:08:27 Some of up at a very early stage in the ordinance.
11:08:29 So again we are here to answer your questions.
11:08:35 Mr. Rodriguez is here who worked very, very hard in drafting
11:08:38 He reviewed every other ordinance from other jurisdictions
11:08:42 that were similar to this.
11:08:44 Every item -- we have had a lot of criticism about squirt
11:08:50 guns and pieces of string or dental floss, but every one of
11:08:54 those items could be used for something that, you know,
11:08:59 could make this a dangerous situation.
11:09:00 So we didn't just throw a bunch of items in there.
11:09:03 I wish we could have included firearms in there but we
11:09:09 >>CHARLIE MIRANDA: Thank you.
11:09:11 Ms. Mulhern?
11:09:13 >>MARY MULHERN: Thank you.
11:09:20 Everyone was so eloquent that I really appreciate everyone
11:09:25 who came out here today to discuss this.
11:09:42 We'll wait and see about going forward with a workshop, but
11:09:45 thank you, Mr. Dingfelder, for the suggestion.
11:09:47 I just want to say, to answer some of the public comments,
11:09:53 as Mr. Shimberg indicated, the legal department and police
11:09:58 department wrote this draft of an ordinance.
11:10:05 It was not coming from council and we have not adopted it.
11:10:08 The language, the clean zone language, it was very chilling
11:10:18 to hear how people are perceiving that, and I think as
11:10:21 Councilman Suarez said, we probably need to change that if
11:10:24 we are going to adopt something like this.
11:10:26 Mr. Pheneger gave so many problems with this ordinance, I
11:10:33 don't think there's any way we could adopt it today.
11:10:36 I think you could drive a tank through all of the holes and
11:10:42 the Constitutional problems with it.
11:10:54 But one person talked about this being historic and a
11:11:05 Just as in the writing of Orwell, the policing has been
11:11:11 gradual and has been under the radar but today we are
11:11:14 hearing about it.
11:11:15 This is what's going on.
11:11:16 And over the last several months, we have been hearing about
11:11:19 And I want to say this because I think the perception -- I'm
11:11:25 not sure if people realize this, but the $50 million that
11:11:31 this council has been approving the allocations and the
11:11:35 purchases of are coming from the federal level.
11:11:41 That money is coming from the federal level.
11:11:42 So the lobbying, and the contracts that are -- we are ending
11:11:52 up approving here, passing through those federal tax
11:11:55 dollars, that's homeland security money, that over the last
11:12:04 10, 11 years, the military industrial, prison industrial
11:12:09 complex has been lobbying your federally next elected and
11:12:15 nationally elected people.
11:12:16 So way see happening here in this convention, and in the
11:12:19 other conventions, and the other big national security
11:12:23 events, is that we are being forced locally to approve this
11:12:32 kind of funding that is giving money that to me seems like
11:12:40 And I just want people to realize that that's where this is
11:12:43 coming from.
11:12:47 I think the important thing that the public needs to hear
11:12:50 before we pass any kind of ordinance is that we have learned
11:12:58 from the mistakes, and we heard about a lot of them today,
11:13:04 there was the WTO in Seattle, where the council got a letter
11:13:09 last night, that I don't know if we have been even able to
11:13:12 read from the lawyers' association that talks about the
11:13:15 mistakes they made in Miami.
11:13:17 We have -- it's good to hear from Chief Hamlin that we are
11:13:22 looking at the mistakes made in Minneapolis, because
11:13:25 Minneapolis, I don't even know if they settled all the
11:13:28 lawsuits against them for people's rights being violated.
11:13:34 So we have got Los Angeles, May Day event, and the one
11:13:41 individual who read from the police chief from Seattle, I
11:13:47 shared that information with Chief Castor and with our
11:13:51 attorneys, and hopefully they are looking at all of that.
11:13:54 But we don't know if they are.
11:13:56 And, also, what is your perception?
11:14:00 If the perception is that there's all this danger and there
11:14:03 are going to be so many violent people coming here, when you
11:14:06 look at the other events and conventions that have happened
11:14:09 recently, that's not the way I see it, and I have done a lot
11:14:13 of research, and I looked at Minneapolis, and it was a small
11:14:17 number of people who were really violent.
11:14:20 And they were dealt with, and there were some mistakes in
11:14:26 policing, but for the most part it was peaceful.
11:14:29 And that is what we are talking about.
11:14:31 And I think, now, in the day after the assassination, the
11:14:35 anniversary of the assassination of Dr. Martin Luther King,
11:14:38 let's remember that our history in this country is of
11:14:43 peaceful demonstrations.
11:14:45 And I think let's be honest and admit and realize that the
11:14:50 problems that have come up in these places have been due to
11:14:54 the conflict between -- it's obviously a very difficult
11:15:00 thing to balance the safety and the right to speech.
11:15:06 But if you look at the big picture and realize that the
11:15:09 numbers, especially when -- we are talking about having
11:15:14 4,000 officers here.
11:15:17 4,000 officers.
11:15:18 So it could be like 3 to 1 public to police officers; that
11:15:24 we would need this kind of overreach, when we would have the
11:15:31 people there, the trained people there to see what's going
11:15:34 on and to manage things I think is unrealistic.
11:15:37 But I think we need to hear -- the public needs to hear from
11:15:41 TPD that they -- as we heard from Mr. Rainsberger at the
11:15:48 ACLU event the other night, he was very eloquent in saying
11:15:53 this, that our police department is protecting.
11:15:57 That is what they are there to do, is to protect people's
11:16:01 rights to speak and to protest, and to protest those rights,
11:16:05 and that's what they are there for.
11:16:07 And I think when you use the language like clean zone and
11:16:10 when you right all these incredible restrictions into an
11:16:18 ordinance, that's not what the public is hearing.
11:16:21 And I think it is counterproductive.
11:16:24 And I would like to change the tenor so at least this
11:16:27 council can say we don't think that protestors are dirty, we
11:16:32 don't think we are going to have millions of anarchists
11:16:35 here, you know, we trust that people are going to come here
11:16:39 to exercise their right to protest, their right to free
11:16:43 speech, and we also do not want to have to face those
11:16:57 If we are going to have false arrests and Constitutional
11:17:03 questions and lawsuits later that the city will have to pay
11:17:06 for, we don't want to do that.
11:17:08 So I think we need to change the language, we need to change
11:17:11 the tenor of this discussion, and I did see the draft of
11:17:18 this early on, as Mr. Shimberg was saying he shared.
11:17:24 And I did question pretty much everything that we heard
11:17:28 about today, the 14-day application process, the masks.
11:17:37 I didn't know about the string back then.
11:17:41 And especially the size of that clean zone.
11:17:44 And I think the other thing to keep in mind is that that
11:17:47 clean zone encompasses almost -- I don't know how many
11:17:52 residential neighborhoods.
11:17:54 Ybor City, West Tampa, Tampa Heights, Davis Islands, Harbor
11:18:00 Island, downtown.
11:18:03 Those residential neighborhoods.
11:18:05 So to think that you need to encompass that with these kind
11:18:09 of restrictions is completely unworkable.
11:18:12 So I think we do have to go back to the drawing board and
11:18:15 council needs time to do that, and if no one else does I
11:18:20 will find a date to make a motion for a workshop on this.
11:18:26 >>CHARLIE MIRANDA: Mr. Reddick?
11:18:27 >>FRANK REDDICK: Thank you, Mr. Chair.
11:18:32 Let me just first start by saying I received this document
11:18:40 one hour off council week prior to this going to the press.
11:18:54 One hour on an off-council week prior to going to press
11:18:57 someone delivered to this to my office.
11:19:00 And later, this release going out about this ordinance.
11:19:21 And it disturbs me that this is in my district and no one
11:19:25 from the legal department or no one from administration or
11:19:27 else had taken moment to discuss this with me in private or
11:19:42 some other means.
11:19:42 So let me just say this.
11:19:46 I have several concerns about this ordinance.
11:19:51 One, I think when you look at 22nd street, North 22nd Street
11:20:02 with a cut-off at Columbus Drive, that is not going to work.
11:20:11 If you were to cut it off at I-4, just prior to Palm Avenue,
11:20:19 I-4, no one is going to go north of I-4 unless they are
11:20:30 And when they find out where they are at, they are going to
11:20:33 be looking for the police to get them back in the right
11:20:37 So it doesn't make any sense to say Columbus drive.
11:20:43 There's no IHOP, there's no club, but they are going to run
11:20:48 into something they don't want to see.
11:20:53 So I cannot understand that you are going Columbus drive
11:21:01 unless you are lost.
11:21:02 I can understand cutting this off at I-4.
11:21:14 And no one is going to come here at Palm Avenue and.
11:21:20 When you go to Rome Avenue, it doesn't make sense.
11:21:33 I can understand university of Tampa and all those places
11:21:40 but to go to Rome and west that doesn't make sense.
11:21:44 When you pass North Boulevard, you have all of these
11:21:47 residential homes, and there's nothing between North
11:21:52 Boulevard and Rome Avenue that anybody is going to go there
11:21:58 for a restaurant, or party or socialize, even residential
11:22:05 So you are going to infringe upon residents that have the
11:22:12 right to live in their property, and not be bombarded by
11:22:18 whether you are going to have tanks riding through there or
11:22:20 you are going to have police officers, through the
11:22:24 But you are not going to have protestors north of -- west of
11:22:33 Boulevard, and if you get too far west they are going to run
11:22:37 into the same problem they are going to run in at Columbus
11:22:41 They are not going to like what they see, and they are going
11:22:45 to find a way to go back downtown.
11:22:51 Most of these people are going to congregate around
11:22:54 downtown, convention center, Ybor City.
11:22:59 So you have extended it too far.
11:23:04 And I have received more e-mails, more calls, since the last
11:23:12 issue we had about panhandling.
11:23:14 Because people are saying you are infringing on their
11:23:17 property rights and you are taking away their freedom of
11:23:20 speech and their freedom of rights and assembly in their own
11:23:24 And it's not fair to these people.
11:23:30 If you look at a duration of permits for 60 minutes, anyone
11:23:42 with any minuscule of common sense will know you have got a
11:23:50 By the time people come together and try to organize, you
11:23:52 are already 10 or 15 minutes within that 06 minutes.
11:23:56 And it's going to pose a problem.
11:23:59 We are acting like we are afraid of the protestors instead
11:24:07 of protesters afraid of coming to this city.
11:24:11 Why are we pretending like we are the ones afraid?
11:24:16 And that's what we are showing with this ordinance here now,
11:24:18 is that 60 minutes, you know young people, now middle age
11:24:25 people, now these people are not just going to disburse and
11:24:28 run in that 06 minutes.
11:24:30 And then when you show enforcement, you are causing a
11:24:39 You are causing a problem that is going to be unnecessary.
11:24:44 And so let's be fair.
11:24:48 Yes, you are going to have all these people here.
11:24:50 Yes, these people are -- no one is complaining.
11:24:55 These people have nowhere to stay.
11:24:58 They are going to have to eat.
11:24:59 They are going to want to drink.
11:25:01 And nobody talks about the economic dollars they are going
11:25:05 to bring to this city.
11:25:07 But you are saying they are not going to be able to express
11:25:11 free speech, and they have to confine within the 60 minutes.
11:25:16 And that doesn't make sense.
11:25:19 If you extend this to 90 minutes, it makes more sense.
11:25:22 But 60 minutes doesn't make sense.
11:25:27 And when I look at your summary item 12, you are stating
11:25:34 that small businesses, in the central business district, can
11:25:42 secure their property, for the 2012 national Republican
11:25:47 Does mean when they close their business, they have to put a
11:25:53 fence around, or they can erect a fence around their
11:25:55 property during the convention while they are open.
11:26:06 If the business closes that's understandable but it's still
11:26:09 open for business, and that's going to cause a problem.
11:26:16 It doesn't take a genius to understand this.
11:26:25 I couldn't support this the way it's presented.
11:26:32 At this moment.
11:26:35 Unless you shorten some of these boundaries in the clean
11:26:41 zone, I can't support it.
11:26:43 I wouldn't support it today.
11:26:45 I won't support it tomorrow and I won't support it next
11:26:47 week, because I do not believe those people that live past
11:26:58 I-4 north should have to be a part of this, and definitely
11:27:06 don't support these people past North Boulevard west having
11:27:09 to build part of this process.
11:27:13 And until you can tweak this, and that's the main word I'm
11:27:19 hearing nowadays, tweak -- we need to tweak this.
11:27:23 And we need to do a good tweaking.
11:27:27 And I will guarantee you, we can make this work oh but as of
11:27:39 now, and no one has taken initiative to express their
11:27:48 concerns to me about this zoning business, I would not
11:27:56 support anything that will bring hardship to the residents
11:28:01 and businesses and people who live in my district just for
11:28:12 people to come here and have fun for three our four days.
11:28:17 So unless somebody come to me with a better plan than what
11:28:20 you have today, I will be that one vote on this council.
11:28:29 Thank you.
11:28:31 >>CHARLIE MIRANDA: Thank you.
11:28:32 Ms. Montelione, Mr. Cohen, Ms. Capin.
11:28:37 >>LISA MONTELIONE: Thank you, Mr. Chair.
11:28:40 We were first given this ordinance in February.
11:28:44 And this is April.
11:28:45 So we have had quite a bit of time to review the draft that
11:28:50 has been given.
11:28:55 I have had, if I count correctly, four meetings with legal
11:28:57 staff, Mr. Shimberg, and Mr. Rodriguez.
11:29:01 I have met with TPD.
11:29:05 And so taking considerable amount of time.
11:29:09 And I agree with some of my colleagues on the philosophical
11:29:14 issues that this ordinance does challenge us, and many of us
11:29:21 took this job knowing that this was going to be a
11:29:24 challenging year.
11:29:26 And it was going to take a lot of time and a lot of stamina
11:29:29 and a lot of fortitude on behalf of every member of council,
11:29:35 every member of staff, the mayor on down.
11:29:39 Being the technician, if we go to workshop, that's fine.
11:29:47 But these are things that I have discussed with legal, and
11:29:51 there are items that we have, I believe in, essence agreed
11:29:58 to change in the current draft that we have, I believe dated
11:30:02 August 1st was the last red line copy -- I'm sorry,
11:30:09 August is on my mind.
11:30:12 So starting with the top, section 5-A, public gatherings, 6,
11:30:20 items 11 and 12 which are interference with emergency
11:30:24 vehicles, 11 and 12, traffic control, I talked with Chief
11:30:31 There should be some sort of quantifiable number.
11:30:34 If you have X amount of protestors expected on a particular
11:30:37 permit application, then would you need X amount of officers
11:30:41 and traffic control officers to cover that.
11:30:43 So some sort of formula and bring that down to some sort of
11:30:48 numbers, quantifiable, because I don't want those two items
11:30:51 to be a blanket, we can reject this permit application for
11:30:57 those reasons, because those are pretty open ended.
11:31:02 The same section number 7, the duration 60 minutes, I agree
11:31:06 with Mr. Reddick.
11:31:07 We can go to 90 minutes, and if people are overcome by heat
11:31:12 they are going to disburse before the 90 minutes.
11:31:14 So that's something that I think we could provide more and
11:31:18 maybe we can expect less time.
11:31:22 I would like to -- I also discussed with Chief Castor and
11:31:27 attorney Shimberg that 06 minutes for we two to 90 minutes
11:31:30 would be foolish, so that if you have 5,000 protesters in
11:31:33 one parade, that 60 minutes isn't going to expire
11:31:38 immediately from the first line of protestors starting out
11:31:41 with their parade.
11:31:45 That is a number that is you are permit Ford 90 minutes, but
11:31:48 we are not going to say, okay, time is up, everybody has to
11:31:52 So that is a fluid number, and they are looking at making
11:31:59 these facilities available to everyone to have enough time
11:32:01 to get their point across.
11:32:06 We discussed also 5-A, number 9, insurance.
11:32:10 And I think those should be or, or and or, not or,
11:32:18 Section 6, parade route permits.
11:32:21 A is parade route permits.
11:32:23 And three filing periods.
11:32:25 The paragraph on determine guidelines, which is in section 5
11:32:29 on public gathering, is not in section 6 on parade routes.
11:32:33 So if we could add that discretionary language to
11:32:36 determining guidelines, as a paragraph, that would help
11:32:43 If there's any bias in granting a parade permit so that
11:32:47 would eliminate any bias on behalf of granting of permits.
11:32:51 Section 7 prohibited materials and objects.
11:32:55 I do have -- and I have expressed this many, many times --
11:32:59 an issue with this being city-wide.
11:33:01 Number 10, there is another problem with the language where
11:33:08 it says any other local, state, federal.
11:33:13 That was intended to mean, from what I understand from
11:33:16 legal, anything that's already in effect in the City of
11:33:21 So when it says any other, they are talking about any other
11:33:25 Hillsborough County ordinance that is in effect, any other
11:33:27 Florida State or federal ordinances already in effect.
11:33:31 So if we can clarify that and put that clarification into
11:33:35 number 10.
11:33:36 And I would like to point out, even though I really, really
11:33:39 have a problem with this being city-wide, every statement,
11:33:42 every paragraph including the language with the intent to
11:33:46 cause injury or harm.
11:33:49 So if you are looking at the things that are prohibited,
11:33:55 materials, you are only going to be subject to that if it's
11:33:59 the intent to cause injury or harm.
11:34:01 I know, Mr. Rhodes that is very subjective, but policing is
11:34:06 very subjective on an officer level.
11:34:08 We discussed that at the ACLU forum, and thank you to ACLU
11:34:12 for having that forum.
11:34:13 It was very beneficial for us to hear everyone, because as I
11:34:16 said on the radio yesterday, there are a lot of people who
11:34:18 can't come down to City Council, whether we discuss this
11:34:22 today, whether we discuss it at a workshop.
11:34:24 Floor going to be limited number of people that can come
11:34:26 down and have their voices heard during a council session.
11:34:29 So having the ability to hear those people that attended,
11:34:33 over 200 people or nearly 200 people that attended the other
11:34:37 nights was very helpful to me personally.
11:34:42 Question 7, clean zone, exceptions.
11:34:44 I had requested that the section 6, and the employees of
11:34:49 business owners, so that we can have not only the licensed
11:34:55 business owners have these materials in their possession for
11:34:58 the conduct of their business but also the employees of
11:35:01 Section 8, prohibition of masks.
11:35:04 I discussed this with legal as well.
11:35:06 I would like to see that provision limited to the central
11:35:09 business district, the Channelside, and in Ybor City.
11:35:13 So those are the areas that there would be masked, numbers
11:35:18 of people, likely to have the largest numbers of protestors,
11:35:22 or anyone visiting the city, protesting or not, so that
11:35:27 those areas on limiting masks would be limited to just those
11:35:34 The ACLU forum there, was a gentleman there, legal counsel
11:35:38 for the photographer association, and I was questioning the
11:35:42 tripods ands bipods, so hearing from the photographer's
11:35:47 legal counsel I was enlightened that they don't have a
11:35:52 problem with the prohibition on those items because their
11:35:56 photographers don't use those types of things.
11:35:58 What we see here today, we have got tripods here for
11:36:02 Those aren't the types of things that are used in massive
11:36:06 heavy concentrations of protestors.
11:36:08 They don't carry around their, you know, equipment like
11:36:11 They have them on their shoulder.
11:36:13 They have very small cameras.
11:36:14 So those kinds of things even for bloggers or people who are
11:36:18 not in the formal journalistic press aren't going to be
11:36:22 carrying those big tripods and bipods around with them.
11:36:25 Finally, section 14, right-of-way use permits, I wanted to
11:36:30 make sure that the folks who ordinarily do business here in
11:36:33 the city are notified that their right-of-way use permits
11:36:38 would have to be filed and completed by a certain date and I
11:36:41 was assured our construction services division is preparing
11:36:43 language so that they can make sure that the people who are
11:36:47 in the conduct of their regular business are notified about
11:36:51 the prohibitions or the time. I also asked for a change in
11:37:01 the language that section 14 item B be changed from two days
11:37:04 to four days to allow sufficient time for the work to be
11:37:09 And with that, again, we can bring this to a workshop.
11:37:13 I don't have a problem with that.
11:37:15 But we heard from a lot of people.
11:37:19 And I'm not sure that any additional people will come to
11:37:23 workshops that we haven't already heard from and the many
11:37:27 items that as agenda items when it pertains to the money
11:37:31 that we have been receiving and approving authorization for
11:37:33 expenditures for the many items that we have been purchasing
11:37:39 for TPD, fire rescue and the like.
11:37:42 And I do want to say that as typical with hearings,
11:37:48 especially when we are in quasi-injury D judicial hearings
11:37:51 about rezonings, often people who come to the hearing are
11:37:56 those in opposition.
11:37:57 Very rarely do people who are in support come to speak of
11:38:02 their support.
11:38:03 But I do have letters of support, and I have one here that I
11:38:07 would like to read into the record.
11:38:08 It's from Laura Barton, who is a resident.
11:38:14 I don't have her address right here.
11:38:18 But she says, I am a property owner and resident in the
11:38:21 clean zone, and I applaud Mayor Buckhorn's proposals to keep
11:38:24 the citizens, workers and property of Tampa safe during the
11:38:28 G.O.P. convention.
11:38:29 Keeping items that can be used as weapon, masks and
11:38:32 containers with bodily fluids does not impair anyone's right
11:38:39 to exercise their right to free speech and protection in a
11:38:43 peaceful manner unless the protestors plans to be violent,
11:38:47 they should have no problem with this ordinance.
11:38:49 Please join me in supporting Mayor Buckhorn and his efforts
11:38:51 to have a safe convention in Tampa.
11:38:53 Thank you.
11:38:54 So there are people who do support this.
11:38:57 And I really didn't hear from any of them today so I felt it
11:39:02 important to read that into the record.
11:39:04 Thank you very much.
11:39:06 >>CHARLIE MIRANDA: Thank you very much.
11:39:07 Mr. Cohen?
11:39:08 >> Thank you very much.
11:39:12 First of all, I really want to commend the city for starting
11:39:18 this dialogue in April.
11:39:20 Because the most important thing about the consideration of
11:39:25 all of these issues is to make sure that we have the
11:39:27 necessary time to make these decisions correctly and to hear
11:39:32 from different points of view that rightly surround such an
11:39:38 important issue.
11:39:40 I thank Mr. Shimberg.
11:39:42 I thank the ACLU.
11:39:45 I thank all of the public speakers that expressed themselves
11:39:48 today's, because that's what this country is all about, a
11:39:51 robust dialogue where people are allowed to be heard.
11:39:54 And so I want to address two specific issues.
11:39:58 The first is public comment that was made today, and then
11:40:02 the second are some of the concerns that have been raised by
11:40:05 my fellow council members.
11:40:09 During the public comment discussion today, we heard things
11:40:12 like Draconian, caged-like animals, there were comparisons
11:40:19 made to Berlin, and even comparisons to Nazi Germany.
11:40:24 I don't think, given the types of issues that we are
11:40:28 discussing here, that that is reasonable.
11:40:32 What you are listening to here is a robust dialogue between
11:40:36 concerned people who are trying to weigh those very
11:40:39 important values against one another.
11:40:44 The first amendment is not absolute.
11:40:46 The Supreme Court in many years of jurisprudence from lower
11:40:52 courts support the proposition that the right to free speech
11:40:54 can be subject to reasonable -- and I stress the word
11:40:57 reasonable -- time, place and manner restrictions.
11:41:02 There is a historical pattern of violence at political
11:41:05 conventions going all the way back to the founding of the
11:41:09 Even in the 19th century the most robust and difficult
11:41:13 debates in our history occurred when the political parties
11:41:16 were coming together to argue through issues, and you heard
11:41:22 it today, recognize that is a great, great thing about this
11:41:26 And it's something that we want to protect.
11:41:28 But we also have an obligation to protect the safety of the
11:41:32 people in the community.
11:41:34 And this entire discussion is about A balance between those
11:41:39 two legitimate concerns.
11:41:44 A lot of my colleagues -- oh, before I continue on, we
11:41:49 received a letter last night from the national lawyers guild
11:41:54 in New York City basically outlining its opposition to this
11:42:01 ordinance, and I have to say for one that I thought that the
11:42:03 language that was used by this organization was totally over
11:42:06 the top.
11:42:07 They called us an ill informed local government trying to
11:42:14 infringe peaceable mass assembly.
11:42:16 Quite honestly if you heard the different comments that have
11:42:18 been made up here so far, one thing you can be absolutely
11:42:21 sure of is that every member of this council is going to
11:42:24 take the time to learn everything they possibly can about
11:42:27 these issues, and to call us uninformed truthfully means
11:42:31 they are not paying attention to the debate.
11:42:36 I want to get into a couple of the specific items that have
11:42:40 been brought up today.
11:42:42 Mr. Reddick mentioned the size of the clean zone.
11:42:46 I agree with him.
11:42:47 I think that the clean zone is too large, and I think that
11:42:51 the size of it needs to be revisited.
11:42:53 Some of the neighborhoods that he mentioned are in his
11:42:59 Some of them are in my district.
11:43:00 And unlike him, I have gotten more of a mixed bag of
11:43:05 response in terms of the specific provision that are covered
11:43:11 by this ordinance, but I would like the opportunity to talk
11:43:13 to some of those neighborhood associations and hear what
11:43:16 some of those specific concerns are so we can really make
11:43:20 sure that the area in question is very, very specifically
11:43:27 So I am definitely in favor of a narrowing.
11:43:32 I think that the suggestion of I-4 is a very smart one.
11:43:36 We ought to look to natural boundaries like expressways and
11:43:39 waterways as places to define the clean zone.
11:43:42 I also wanted to make a comment about the issue of what is
11:43:47 inside the clean zone and what is not.
11:43:49 This city was held up to some ridicule last night on
11:43:52 national television because this ordinance is not able to
11:43:56 prohibit concealed weapons that are permitted.
11:44:00 I would just say to the public regarding that matter that if
11:44:04 you think that that is incongruous, the place to take your
11:44:09 concerns is to the Florida State legislature who passes
11:44:12 these laws that tie the hands of local governments to deal
11:44:14 with these types of issues.
11:44:16 Our city attorney is doing the best that he and his office
11:44:21 can under constraints that are dictated to us by some
11:44:26 rather, in my view, misguided policies that have been
11:44:33 brought forth from Tallahassee.
11:44:35 Another issue that has been sort of not brought into the
11:44:43 open is the fact that the key is going to be at its hype in
11:44:48 the last week of August F.any of you attended the mayor's
11:44:50 state of the city address on Tuesday, it was held at 11 a.m.
11:44:54 in Curtis Hixon park.
11:44:55 That was April 3rd.
11:44:57 And I noticed as I was leaving someone being taken away.
11:45:01 The speech lasted maybe 35 or 40 minutes.
11:45:03 Someone being taken away in an ambulance because they had is
11:45:06 you consumed to the heat.
11:45:08 In terms of the 60 minutes or 90 minutes, what I am going to
11:45:11 be looking for is a real discussion, not just of how long
11:45:15 the police can stay outside in their riot gear, but also how
11:45:19 long reasonably we can expect protestors and paraders to be
11:45:23 outside in what we know is the hottest month of the year
11:45:28 I would be in favor of putting off a final vote on the first
11:45:32 reading for perhaps two weeks in order to answer some of
11:45:38 these questions and give some of us some time to look to
11:45:42 refine the issues that Mr. Reddick raised, the issues, some
11:45:45 of which Ms. Mulhern raised, and also some of the specific
11:45:48 items that Ms. Montelione brought up in her very authorize
11:45:52 oh, I thought, cataloging of what needs to be tweaked in
11:45:55 this ordinance.
11:45:58 I would like to caution everybody that the rhetoric in this
11:46:01 matter really does need to be brought down a few notches.
11:46:04 This is a civilized discussion about allowing people to
11:46:09 express themselves versus the right of society, and all of
11:46:15 us up here are going to do the very, very best we can to try
11:46:17 to marry those concerns and come up with an ordinance that
11:46:21 protects people's rights, and also protects the rights to
11:46:25 free speech.
11:46:28 >>CHARLIE MIRANDA: Ms. Capin.
11:46:30 Thank you very much.
11:46:31 Ms. Capin.
11:46:35 >>YVONNE CAPIN: So many points being brought up by my fellow
11:46:37 council members, it almost seems like we are having a
11:46:41 workshop right now.
11:46:43 [ Laughter ]
11:46:44 You know, I know that -- and I understand -- and I do know
11:46:49 that the purpose of our legal staff and our law enforcement
11:46:56 is to make this convention and the process orderly and keep
11:47:01 our citizens safe, including the demonstrators that come
11:47:08 One of the things I want to look at is -- and as far as
11:47:11 the -- you know, I don't want us in Tampa to be the script
11:47:17 writers for the comedy channel.
11:47:19 But that is exactly where the state legislature has placed
11:47:25 And I hope they understand this.
11:47:28 I agree with fellow Councilman Harry Cohen.
11:47:32 If you have an issue with it, you need to contact your
11:47:36 legislature, and our governor on this issue.
11:47:41 They have tied our hands.
11:47:43 And when you talk about water guns, all kind of solutions
11:47:51 can be placed in these guns.
11:47:53 There are many ways of using weapons.
11:47:57 This can be a weapon, this pen right here.
11:48:03 So we have to draw a line.
11:48:05 Natural boundary.
11:48:06 The river is a natural boundary. If we see there's issues,
11:48:09 we can draw the bridges.
11:48:12 As far as the uniforms, the swat uniforms, and the heat,
11:48:20 when I first heard this, I thought, okay, 60 minutes.
11:48:24 Because of the heat.
11:48:27 Now, are the protestors that are not going to follow the
11:48:31 rules care that the police officers are in swat uniforms and
11:48:35 the heat?
11:48:36 They are going to be out there, not 60 minutes, 90 minutes,
11:48:41 whatever it takes to bring order.
11:48:43 So that one, the 60 minutes -- and again, we have people
11:48:49 coming together.
11:48:51 It just takes some people just 30 minutes to organize
11:48:57 And as far as the radius of the clean zone, which could be
11:49:02 changed to a safe zone.
11:49:04 It's a five-mile.
11:49:06 That's a lot.
11:49:06 But beyond that, there is also discretion to arrest people
11:49:12 for carrying objects city-wide.
11:49:22 That can include hairspray or skirt guns.
11:49:26 It's very broad.
11:49:27 And I do believe, as my fellow Councilman here said, it
11:49:33 needs tweaking, but the intent of this is to do the very
11:49:38 best for our city.
11:49:41 And I truly believe that.
11:49:43 And I appreciate Mr. Shimberg, our city attorney, coming
11:49:50 forth, and saying that he is open and willing to look at
11:49:55 this and amend some of these -- this ordinance.
11:50:04 You know, we are told by our legal staff that we have to
11:50:10 assume every time we look at, for instance, alcoholic
11:50:14 beverage zoning, we have to assume that people are going to
11:50:19 follow the law.
11:50:21 We have people coming up and saying, well, they are going to
11:50:24 drink and then they are going to drive and then they are
11:50:26 going to cause an accident and then they are going to run a
11:50:29 red light.
11:50:29 We cannot take that into consideration.
11:50:32 We have to assume that people are going to follow the law.
11:50:34 Therefore, on this we have to assume that most people will
11:50:40 be following the law.
11:50:41 We also need to understand, we are in a different world
11:50:47 We are in a very different world.
11:50:50 Not only are there anarchists, there are terrorists
11:50:55 threatening our everyday lives, and if you don't think that
11:51:02 they won't be coming here looking, then I think we are being
11:51:12 I want to support -- I would like to support a workshop, or
11:51:17 holding, again, at least two weeks to look at this.
11:51:28 And if we decide that a workshop is better, maybe we could
11:51:31 do a workshop in an evening or a Saturday so that we could
11:51:36 have some participation.
11:51:39 200 people at the ACLU, we have a city of 300,000 people.
11:51:48 And then again with the heat, people are coming here that
11:51:51 are not used to our August heat.
11:51:54 There's going to be some issues there.
11:52:00 These are my scribbled notes.
11:52:01 And I just wanted to share them with you.
11:52:04 And again, I often think, what would John Stewart say?
11:52:12 And I hope he says it about the legislature.
11:52:14 Thank you.
11:52:17 >>CHARLIE MIRANDA: Okay.
11:52:20 We have Ms. Mulhern.
11:52:21 We have a few minutes before noon.
11:52:23 So I yield to Ms. Mulhern.
11:52:25 I'm just letting the council know where we are at.
11:52:27 And we have a lot of work to do. Ms. Mulhern.
11:52:29 >>MARY MULHERN: Yes, I wanted to -- since I was going to
11:52:34 motion for a workshop but I think Councilman Cohen made a
11:52:37 recommendation that we continue this first reading for two
11:52:42 But I just wanted to make sure -- I just wanted to add a few
11:52:47 more things, because now that I heard everyone's comments, I
11:52:51 refer to Mr. Pheneger's comments, but I want to mention a
11:52:59 few things that I didn't hear repeated by my colleagues so
11:53:03 when we come back in two weeks these would be addressed in
11:53:06 the ordinance.
11:53:09 I'm not sure that 90 minutes makes sense either.
11:53:12 I think duration is a problem for those of us, and the fact
11:53:16 that there's going to be spontaneous events that you are not
11:53:20 even going to necessarily going to be able to determine what
11:53:24 is what, so I think we might need to make that, I don't New
11:53:28 York City reconsidering that whole idea of that duration.
11:53:35 I think the problem with the masks needs to be addressed.
11:53:42 I'm not going to support banning bringing breathing -- any
11:53:48 kind of breathing apparatus in.
11:53:50 And I also think the medical and religion things that were
11:53:53 brought up are a problem.
11:53:55 I also think especially the hoodies, hoods, needs to be
11:54:00 taken out of there.
11:54:05 And then this isn't really anything that could be --
11:54:10 probably would be written into an ordinance, but I did want
11:54:13 to address this since other people were.
11:54:17 I think we have a choice about how the police are going to
11:54:22 represent themselves, if they are going to be in riot gear,
11:54:25 or if they are going to be in regular uniform, which would
11:54:28 be cooler and less intimidating, so that the swat team
11:54:36 people would be there if necessary and would be the backup.
11:54:40 But if we are going to have 4,000 police in riot gear, it
11:54:44 really does, you know, send that message that intimidation
11:54:51 factor that I don't think is necessary. So that's just
11:54:53 something that I think that our police department really
11:54:56 needs to look at.
11:54:58 And I thought about it today when I was driving to council.
11:55:02 I dropped my son off at school.
11:55:04 And officer Myers, who is the TPD traffic director there,
11:55:09 was in his short sleeves and his uniform, smiling and waving
11:55:13 at me, and it was just really nice to see him.
11:55:17 So that's what I thought, that's how hopefully a lot of
11:55:20 people can be dressed.
11:55:21 >> Ache dress that if you like.
11:55:23 The uniform of the day will be the short sleeve shirt,
11:55:26 uniform that you see me wearing.
11:55:29 I don't think I will be wearing long sleeves those days
11:55:32 There will be officers that will be able to put on riot gear
11:55:36 but that's only if necessary.
11:55:37 I hope they sit in their duffel bags.
11:55:41 Not every officer will be issued.
11:55:44 Those will be specific officers that are assigned a specific
11:55:47 You will see several hundred officers on bicycles with even
11:55:50 softer uniform like Apollo shirt and shorts so they are
11:55:53 comfortable riding their bikes in August.
11:55:55 That's going to be the approach.
11:55:56 If people come out there in riot gear that means bad things
11:55:59 have already happened.
11:56:00 >>MARY MULHERN: That's good.
11:56:03 We did buy a lost it, though. I think over a thousand.
11:56:13 >>CHARLIE MIRANDA: Any other -- I'm sorry, go on.
11:56:15 >>MARY MULHERN: Okay.
11:56:17 On the 19th, so motion to have it -- or 9:30.
11:56:22 I see -- is there a lot before that?
11:56:26 April 19th at 9:30, continue first reading.
11:56:32 >>CHARLIE MIRANDA: I am not going to take it to the floor,
11:56:34 Mr. Dingfelder.
11:56:35 If you want to speak to her, take her outside.
11:56:38 You were here you voted for it on the Super Bowl so I don't
11:56:45 want to listen to two sides of the story at the same time.
11:56:48 You understand.
11:56:48 Thank you very much.
11:56:51 Mr. Shimberg, the 19th is the motion they've by Mrs.
11:56:56 Mulhern, seconded by Mrs. Montelione.
11:56:59 Is that fine?
11:57:01 >>JIM SHIMBERG: I want to reiterate I think myself and my
11:57:03 staff and TPD will be able to meet individually with any
11:57:06 council member who has additional questions.
11:57:08 >>CHARLIE MIRANDA: Let's do one better than that.
11:57:10 If you are happy to meet with them, why don't you meet with
11:57:13 them period?
11:57:14 Not that you haven't.
11:57:15 When the 19th comes I can take one thing out of my mind,
11:57:18 that you already met with them.
11:57:21 >>JIM SHIMBERG: Absolutely.
11:57:22 >>CHARLIE MIRANDA: Okay.
11:57:22 I have that motion on the floor if that's acceptable with
11:57:25 the maker and the co-maker of that motion.
11:57:29 Ms. Capin, I yield to you.
11:57:36 >>YVONNE CAPIN: Nothing.
11:57:38 >>CHARLIE MIRANDA: Mr. Cohen.
11:57:38 >>HARRY COHEN: Let me ask for clarification sake, does the
11:57:42 motion also include the items that were raised earlier by p
11:57:46 Ms. Montelione and by Mr. Reddick so that we don't miss
11:57:49 anything in terms of the comprehensive nature of what should
11:57:52 be --
11:58:00 >>MARY MULHERN: To address all of the concerns brought by
11:58:02 >>CHARLIE MIRANDA: My opinion, in fact I am going make
11:58:06 another broad statement.
11:58:07 More likely, no more than you heard today, because we
11:58:10 discussed, I think, A through Z and I think everyone did a
11:58:14 wonderful job.
11:58:15 Thank you very much.
11:58:16 All in favor of that motion please indicate by saying aye.
11:58:19 Opposed, nay.
11:58:20 The ayes have it unanimously.
11:58:21 Thank you very much for attending.
11:58:23 All right.
11:58:23 Before I go to lunch I would like to go and take the second
11:58:28 Why the second readings? I because people paying a lot of
11:58:30 money to these individuals to be here today, and they were
11:58:34 already opened earlier on a motion by Ms. Mulhern and these
11:58:38 are quasi-judicial so everyone who is going to speak on item
11:58:42 92 through 100 has to be sworn in.
11:58:44 >>HARRY COHEN: Motion to extend by 15 minutes.
11:58:49 >>CHARLIE MIRANDA: Motion to extend by 15 minutes, seconded
11:58:52 by Mr. Cohen's motion, seconded by Mrs. Montelione.
11:58:56 All in favor?
11:58:57 The ayes have it unanimously.
11:58:58 The floor is open for number 92.
11:59:00 We are going to swear in everybody that's going to speak on
11:59:02 these items.
11:59:03 (Oath administered by Clerk)
11:59:14 >>CHARLIE MIRANDA: Item number 92.
11:59:21 Anyone in the audience care to speak on item number 29?
11:59:28 I see no one.
11:59:30 Motion to close by Mr. Suarez, second by Mr. Cohen.
11:59:33 All in favor?
11:59:35 The ayes have it unanimously.
11:59:36 Mr. Cohen, kindly take number 92.
11:59:38 >>HARRY COHEN: I move an ordinance being presented for
11:59:41 second reading and adoption, an ordinance approving an
11:59:44 historic preservation, property tax exemption application
11:59:48 relative to the restoration, renovation, or rehabilitation
11:59:51 of certain property owned by 1613 North Franklin Street LLC,
11:59:56 located at 1613 North Franklin Street, Tampa, Florida in the
12:00:00 North Franklin downtown multiple properties historic
12:00:03 district based upon certain findings, providing for notice
12:00:07 to the property appraiser of Hillsborough County, providing
12:00:09 for severability, providing for repeal of all ordinances in
12:00:12 conflict, providing an effective date.
12:00:15 >>CHARLIE MIRANDA: We have a motion by Mr. Cohen, second by
12:00:17 Mr. Reddick.
12:00:18 Roll call vote.
12:00:19 Vote and record.
12:00:19 >>THE CLERK: Motion carried with Mulhern being absent at
12:00:31 >>CHARLIE MIRANDA: Item 93.
12:00:32 Anyone in the audience dire speak on 93?
12:00:35 I see no one.
12:00:36 I need a motion to close.
12:00:38 Motion by Mr. Reddick to close, second by Mrs. Montelione.
12:00:41 All in favor?
12:00:42 The ayes have it unanimously.
12:00:44 Mrs. Montelione, would you kindly take 93, please?
12:00:47 >>LISA MONTELIONE: Yes, sir.
12:00:48 I present an ordinance for second reading and adoption, an
12:00:51 ordinance approving an historic preservation property tax
12:00:55 exemption application relative to the restoration,
12:00:57 renovation or rehabilitation of certain property owned by
12:01:01 Bradley W. Campbell and Danielle M. Campbell, located at 711
12:01:06 south Willow Avenue, Tampa, Florida in the Hyde Park
12:01:09 historic district, based upon certain findings, providing
12:01:12 for notice to the property appraiser of Hillsborough County
12:01:15 providing an effective date for severability, providing an
12:01:17 effective date for repeal of all ordinances in conflict
12:01:21 providing an effective date.
12:01:23 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.
12:01:25 Roll call vote.
12:01:27 Vote and record.
12:01:27 >>THE CLERK: Motion carried with Mulhern being absent at
12:01:37 >>CHARLIE MIRANDA: Item number 94.
12:01:39 >> Abbye Feeley, Land Development Coordination.
12:01:47 Items through 104, those site plans have been provided to
12:01:54 the clerk this morning.
12:01:55 >>CHARLIE MIRANDA: Thank you very much.
12:01:55 Anyone in the audience care to speak on 94?
12:01:58 I see no one.
12:02:00 I have a motion to close by Mr. Suarez, second by Mr.
12:02:03 All in favor of that motion please indicate by saying Aye.
12:02:05 Opposed nay.
12:02:06 The ayes have it unanimously.
12:02:10 Would you take, Ms. Mulhern, item 94?
12:02:12 >>MARY MULHERN: I move an ordinance being presented for
12:02:25 second reading and adoption, an ordinance approving a
12:02:28 special use permit S-2 approving parking off-street
12:02:34 commercial in an RS-50 residential single-family zoning
12:02:37 district in the general vicinity of 2533 west Curtis street
12:02:40 in the city of Tampa, Florida and as more particularly
12:02:42 described in section 1 hereof providing an effective date.
12:02:46 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, I have a
12:02:48 second by Mr. Cohen on a close vote with Mr. Suarez.
12:02:53 Roll call vote.
12:02:55 Vote and record.
12:02:55 >>THE CLERK: Oh motion carried unanimously.
12:03:04 >>CHARLIE MIRANDA: Item number 95.
12:03:05 Anyone in the audience care to speak on item 95?
12:03:09 I see no one.
12:03:10 I need a motion.
12:03:12 Motion by Mr. Cohen to close.
12:03:14 Second by Mr. Suarez.
12:03:16 All in favor of the motion please indicate by saying Aye.
12:03:18 The ayes have it unanimously.
12:03:20 Mr. Suarez, will you kindly take number 95?
12:03:22 >>MIKE SUAREZ: Thank you, chair.
12:03:24 An ordinance being presented for second reading and
12:03:28 adoption, an ordinance approving a special use permit S-2
12:03:30 approving a public service facility stormwater pump station
12:03:34 in an RS-60 residential single-family zoning district in the
12:03:38 general vicinity of 2237 and 2239 east 113th Avenue in
12:03:44 the city of Tampa, Florida and as more particularly
12:03:46 described in section 1 hereof providing an effective date.
12:03:51 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
12:03:52 Mr. Reddick.
12:03:54 Roll call vote. Vote and record.
12:03:55 >>THE CLERK: Motion carried unanimously.
12:04:02 >>CHARLIE MIRANDA: Item number 96.
12:04:04 Anyone in the audience care to speak on item 96?
12:04:07 Please come forward.
12:04:10 I see no one.
12:04:11 I have a motion to close by Mr. Suarez, seconded by Mr.
12:04:14 All in favor of the motion please indicate by saying Aye.
12:04:17 Opposed nay.
12:04:18 The ayes have it unanimously.
12:04:19 Ms. Capin, will you kindly take number 96?
12:04:24 >>YVONNE CAPIN: An ordinance for second reading an adoption,
12:04:26 an ordinance approving a special use permit S-2 approving
12:04:28 parking off-street commercial in an RS-50 residential
12:04:33 single-family zoning district in the general vicinity of
12:04:36 1507 west Sligh Avenue in the city of Tampa, Florida and
12:04:40 more particularly described in section 1 hereof providing an
12:04:43 effective date.
12:04:45 >>CHARLIE MIRANDA: I have a motion by Ms. Capin, seconded
12:04:48 by -- I'm sorry, there's two of you -- Ms. Mulhern.
12:04:52 Roll call vote.
12:04:54 Vote and record.
12:04:57 >>THE CLERK: Motion carried unanimously.
12:05:03 >>CHARLIE MIRANDA: Item number 97.
12:05:04 Anyone in the audience care to speak to item number 97?
12:05:08 Please come forward.
12:05:09 I see no one.
12:05:10 I need a motion to close.
12:05:12 I have a motion to close by Mr. Cohen, seconded by Mr.
12:05:15 Discussion on the motion?
12:05:16 All in favor of the motion indicate by saying aye.
12:05:19 The ayes have it unanimously.
12:05:20 Mr. Reddick, would you kindly take item 97?
12:05:24 >>FRANK REDDICK: Yes.
12:05:26 Move an ordinance being presented for second reading and
12:05:30 An ordinance approving a special using permit S-2 approving
12:05:32 a place of religious assembly, daycare, fellowship hall and
12:05:36 associated activities in an RS-50 residential single-family
12:05:39 and a CN commercial neighborhood zoning district in the
12:05:43 general vicinity of 3008, 3010, and 3102 east Lake Avenue
12:05:50 and 3703, 3707, and 3717 north 30th street in the city
12:05:57 of Tampa, Florida, and as more particularly described in
12:06:00 section 1 hereof providing an effective date.
12:06:02 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.
12:06:05 Local call vote.
12:06:07 Vote and record.
12:06:07 >>THE CLERK: Motion carried unanimously.
12:06:13 >> Item number 98.
12:06:16 Anyone in the audience care to speak on item 98?
12:06:18 I see no one.
12:06:21 Motion to close by Mr. Cohen.
12:06:23 Second by Mr. Reddick on a close vote with Mrs. Montelione.
12:06:27 All in favor?
12:06:28 The ayes have it unanimously.
12:06:30 Ms. Mulhern, would you kindly take number 98?
12:06:40 >>MARY MULHERN: I don't want to read the ordinance.
12:06:43 >>HARRY COHEN: Ordinance for second reading an adoption, an
12:06:47 ordinance rezoning property in the general vicinity of 2511
12:06:50 North Howard Avenue in the city of Tampa, Florida and more
12:06:52 particularly described in section 1 from zoning district
12:06:54 classification RS-50 residential single-family to RO
12:06:58 residential office, office, business/professional, providing
12:07:02 an effective date.
12:07:04 >>CHARLIE MIRANDA: Motion by Mr. Cohen.
12:07:05 Second by Mr. Suarez.
12:07:06 Roll call vote.
12:07:07 Vote and record.
12:07:08 >>THE CLERK: Motion carried with Reddick and Mulhern
12:07:19 >>CHARLIE MIRANDA: Item 99.
12:07:20 Anyone in the audience care to speak on item 99?
12:07:22 Please come forward.
12:07:24 I see no one.
12:07:25 I have a motion to close by Mr. Cohen, seconded by Mr.
12:07:30 Discussion of that motion?
12:07:31 All in favor of the motion please indicate by saying Aye.
12:07:34 Opposed nay.
12:07:35 The ayes have it unanimously.
12:07:36 Mr. Cohen, will you kindly take number 99?
12:07:39 >>HARRY COHEN: I move an ordinance for second reading and
12:07:41 adoption, an ordinance rezoning property in the general
12:07:44 vicinity of 401 and 415 North Dale Mabry highway and 3712,
12:07:50 3714, 3716 west Carmen street in the city of Tampa, Florida
12:07:55 and more particularly described in section 1 from zoning
12:07:57 district classifications CG commercial general and CI
12:08:01 commercial intensive to PD planned development, retail
12:08:05 sales, gasoline and convenience goods and all commercial
12:08:07 general uses, providing an effective date.
12:08:11 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by
12:08:12 Mr. Suarez.
12:08:13 Roll call.
12:08:19 Vote and record.
12:08:19 >>THE CLERK: Motion carried unanimously.
12:08:24 >>CHARLIE MIRANDA: Item number 100.
12:08:25 Anyone in the audience care to speak on item number 100?
12:08:28 Please come forward.
12:08:29 Yes, ma'am.
12:08:30 Come forward.
12:08:33 Let's go. Let's not point.
12:08:34 >> My name is Fay Mill.
12:08:39 I own the property at 10906 North Dixon and I'm here to ask
12:08:45 you to deny the rezoning on this request.
12:08:52 They are asking for multiple family to put in a school.
12:08:55 I don't think that protect our neighborhood.
12:08:59 I think it will be detrimental to the neighborhood.
12:09:05 There are several neighbors here.
12:09:07 We are not an organized protest group so we have no script
12:09:11 to present to you as earlier people have.
12:09:14 But we do believe this is -- will be detrimental to the
12:09:19 Most of these people have worked most of their lives to buy
12:09:22 their homes, and if multiple housing zoning is allowed to be
12:09:27 used there, it's going to bring down the neighborhood.
12:09:32 And Ms. Grimes mentioned this is a well-known charity, it
12:09:35 has celebrity status, but you don't do good for one section
12:09:40 of the people by devaluing the other section of people.
12:09:45 >>CHARLIE MIRANDA: Thank you very much.
12:09:46 Next please.
12:09:47 >>ABBYE FEELEY: If I may, land development.
12:09:53 You may remember there was a statement made at this hearing
12:09:55 the nature of the hearing that a PD application would be
12:09:57 filed with our offices before this reading.
12:09:59 I am in receipt of that application.
12:10:01 It has been filed.
12:10:02 And it would come back to you on July 26th if it follows
12:10:06 the proper process to get here according to the code.
12:10:08 >>LISA MONTELIONE: This is my district, so I did want to
12:10:17 make sure I was going to ask if that PD application had been
12:10:20 So it has.
12:10:22 And Ms. Feeley, just for the benefit of the individuals who
12:10:26 are here from the neighborhood, could you once again explain
12:10:30 what that would then do to protect them, or maybe alleviate
12:10:36 some of their concerns?
12:10:37 >>ABBYE FEELEY: Sure.
12:10:38 The application we are in receipt of today which was filed
12:10:40 in our offices on Monday afternoon is for a planned
12:10:44 development, which would site plan control the property.
12:10:48 It does show preliminary review the existing structures, and
12:10:52 it does request use of schools and school-related activity.
12:10:56 >> So multifamily is not part of the request?
12:10:59 >> No, it is not.
12:11:01 >>LISA MONTELIONE: If I may just reiterate that the
12:11:05 application that has been filed by the applicant would not
12:11:17 multifamily housing to be built on that site.
12:11:24 So the only thing pending the approval of this council that
12:11:30 could be built on that property, when that PD zoning is put
12:11:36 in place, again pending a approval by this council, is a
12:11:43 So for anyone who is here to speak to say particularly about
12:11:49 it being multifamily housing, once we have an opportunity to
12:11:54 hear the petition for the rezoning and the planned
12:11:57 development, it would only be allowed to be a school.
12:12:03 Again, that's assuming it passes this council.
12:12:09 >>CHARLIE MIRANDA: We are not going to have that type of
12:12:11 I'm sorry, I am going to rule it out of order.
12:12:13 >> Shannon Kitson, north Dixon which is directly behind the
12:12:18 school property.
12:12:19 And, you know, for the record I would like to say that I am
12:12:23 happy to see the Bartola school take over the church
12:12:26 We have had a lot of issues with the church in the past.
12:12:29 But because the rezoning signs in front of the property do
12:12:33 say that they are being rezoned to multifamily, there has
12:12:38 been a lot of concern in the neighborhood so I got some
12:12:40 signatures just saying we don't want multifamily, and that's
12:12:44 really all that I am here to ask for.
12:12:46 >>CHARLIE MIRANDA: We appreciate it.
12:12:47 And I don't believe that's going to be the final result.
12:12:50 It will be what it is, a school.
12:12:51 >> Right.
12:12:53 Well, they could put new signs up that show the actual
12:12:56 zoning --
12:12:57 >>CHARLIE MIRANDA: I understand.
12:12:58 Thank you.
12:12:59 Next please.
12:13:05 >>GINA GRIMES: 101 East Kennedy Boulevard.
12:13:08 >>CHARLIE MIRANDA: Mrs. Mulhern wants the floor.
12:13:10 >>MARY MULHERN: Maybe you can answer this question.
12:13:12 Do you post the signs for the PD?
12:13:16 >>GINA GRIMES: I was going to put into the record a copy of
12:13:18 our PD rezoning application that we it committed to at the
12:13:22 last hearing.
12:13:23 This PD will be scheduled to be heard in July as Ms. Feeley
12:13:30 At that point in time 30 days to the July hearing we'll have
12:13:33 to post new signs, and we'll have another full public
12:13:36 hearing, at which time it would be appropriate for any
12:13:39 neighbors who have an issue with the school to come forward
12:13:41 and discuss it at that point in time.
12:13:44 But I will say that now that we have limited use of the site
12:13:48 to a school, as way was concerned with at the last hearing,
12:13:53 where the objection was based on the fact that was going to
12:13:55 be multifamily, as I mentioned at the last hearing, my
12:13:59 concern was that they would come back, and then be opposed
12:14:02 to the schools, now that we have limited it to a school.
12:14:05 And in fact there are some residents here that are now
12:14:07 opposed to the school.
12:14:08 And I discussed this issue with them between first and
12:14:13 second reading.
12:14:14 And I don't know that we can resolve their concerns.
12:14:16 But we do have supporters here from the school including the
12:14:20 principal, the founder, one of the founders of the school
12:14:23 Mr. Brooks was here earlier but had to leave.
12:14:26 But I do want you to hear from them because I think that
12:14:28 there are misconceptions about the high school and how it
12:14:31 will be operated.
12:14:32 And I think it's important for you to hear from the
12:14:35 supporters going forward that feel comfortable with the
12:14:39 process that we have outlined.
12:14:40 >>MARY MULHERN: Could you post the PD sign earlier.
12:14:44 >> Is there any reason you couldn't do that?
12:14:47 It would allay the fears of the people that don't want to
12:14:50 see residential -- multiple families.
12:14:57 >>GINA GRIMES: We'll take those signs down and put the other
12:14:59 ones up.
12:15:00 But I would like to put into the record the rezoning
12:15:04 >>CHARLIE MIRANDA: Mrs. Capin?
12:15:05 >>YVONNE CAPIN: Yes.
12:15:07 One more question, Ms. Grimes.
12:15:10 This school is in existence right now and has been in
12:15:13 existence how long?
12:15:16 >>GINA GRIMES: For five years at the location.
12:15:18 A little further to the east, about a mile to the east.
12:15:20 But on the site right now, Mrs. Capin, is another charter
12:15:24 This site has already been operating as a school for some
12:15:28 And in this building where the high school is to be located
12:15:32 was previously operated takes Brorein academy.
12:15:35 And there was a short time there was an interim church in
12:15:38 the same structure.
12:15:39 It's going to go back to schools.
12:15:40 So there's been a school on this site for some extended
12:15:44 period of time.
12:15:47 >>YVONNE CAPIN: Thank you.
12:15:48 >>CHARLIE MIRANDA: Next, please.
12:15:49 >> My name is Kristine Bennett, the proud principal of the
12:15:54 collegiate high school, and on behalf of Derrick Brooks who
12:15:57 represents Brooks charities and the DeBartolos who represent
12:16:00 the DeBartolo family foundation, I am here to speak about
12:16:04 the school.
12:16:06 I have a picture here of some of our students that were on a
12:16:11 recent field trip to the DALI museum, and brought students
12:16:15 to talk about how meaningful the school is.
12:16:18 In its fist year of existence Brooks DeBartolo high school
12:16:23 is the highest performing high school in Hillsborough
12:16:26 We are A-graded for the last two years, we are accredited,
12:16:31 we have higher expectations for learning.
12:16:33 And our main goal is to make sure that students are ready
12:16:35 for post-secondary success.
12:16:37 So we have lots of AP classes, lots of dual enrollment
12:16:41 classes, and there are standards that are set very high in
12:16:44 terms of student enrollment.
12:16:46 Students have to maintain a certain level of academics,
12:16:49 behavior, attendance.
12:16:52 Our families choose Brooks DeBartolo because it's a school
12:16:55 of choice and they want higher standard of education for
12:16:57 their students.
12:16:58 As well, they have to sign a student and family agreement so
12:17:03 if they are a student that don't maintain those expectations
12:17:06 they can return to their neighborhood school.
12:17:08 Are there any questions?
12:17:11 >>CHARLIE MIRANDA: Thank you very much.
12:17:11 >> And I have a few students here that I would like to
12:17:15 We have Zachary SALARZA and Kathleen Myers who would like to
12:17:21 share a little bit about their experience.
12:17:23 >> Hello. I'm Zack, and I am a sophomore at Brooks
12:17:27 DeBartolo high school and I really enjoy the school: I have
12:17:32 a lot of opportunities there that I feel I wouldn't have at
12:17:35 other schools.
12:17:35 And there's a lot of learning opportunities, and they really
12:17:39 push you to go to new levels, academics, and just really
12:17:43 helps out a lot.
12:17:44 And I really like the school that you can get the one on one
12:17:49 with teachers.
12:17:50 It's really helped me a lot to reach my academic goals.
12:17:54 And I have learned a lot about what I am going to have to do
12:17:56 to get into colleges and to be focused in school and I don't
12:18:02 have people there over my shoulder keeping me on my studies.
12:18:07 I have really had a lot of fun at school and I really enjoy
12:18:10 >> My name is Dan Wilka and I'm a freshman at BDCHS, and
12:18:21 when I started, I didn't do anything exceptional to get very
12:18:21 far. I have always been an A-B student, but thanks to this
12:18:26 school I got farther than I have ever dreamed of.
12:18:30 And I am now a straight A student, on the honor roll.
12:18:35 Thanks to the school, I have gone so much farther than I
12:18:39 thought I ever would..
12:18:41 >>CHARLIE MIRANDA: Thank you.
12:18:42 >> I'm Chastity Myers.
12:18:44 And I have been through four different schools trying to
12:18:46 find the right fit for me.
12:18:49 Before I came to Brooks DeBartolo I was failing out of the
12:18:52 high school.
12:18:52 But I finally got my grades up, and I made my way to Brooks,
12:18:56 and now I am graduating this year.
12:19:01 In my class, vice-president of the National Honor Society,
12:19:04 and I was accepted to all the colleges I have applied to and
12:19:12 my GPS weighted is 5.3.
12:19:14 I have so many goals at Brooks DeBartolo, and it is a
12:19:21 wonderful school and I recommendation to the anybody.
12:19:23 My brother's friends, my friends, anybody, hey, you should
12:19:26 go to Brooks DeBartolo. It's a really great school.
12:19:28 My teacher yesterday sat down with me for an hour to help me
12:19:31 write an essay which I would have never gotten at any other
12:19:35 Brooks DeBartolo is the best school that I have ever been
12:19:39 And I love it.
12:19:44 >>CHARLIE MIRANDA: Where do I enroll?
12:19:50 Next, please?
12:19:51 >> My name is Carla Watson. I live at 11111 North Dixon
12:20:00 I am exactly the house that sits right behind -- throwing
12:20:06 the football yesterday, but I am real close.
12:20:08 And what I was concerned about is that the property values
12:20:12 of my house and how much it's going to be worth when we have
12:20:15 300 preschool kids, but the high school kids.
12:20:21 High school kids are a lot different than other high school
12:20:27 kids, and I guess it's out in the field or going to be
12:20:32 out -- it's going outside more at the school.
12:20:37 I guess it's going to be outside.
12:20:39 And what I am concerned of concerned about is just the nice
12:20:42 It's going to be horrific I think with 300 to 500.
12:20:47 And I think that my property, my homeowners insurance is
12:20:52 going probably going to drop me.
12:20:53 I don't know who I am going get.
12:20:54 And I really don't know what I am going to do because -- I'm
12:21:01 a wreck, a wreck, a literal wreck.
12:21:04 Ha ha.
12:21:05 And I'm real concerned about the high school, because I
12:21:08 think kids are going to go swimming to take a dip.
12:21:14 And I am all for it a whole bunch.
12:21:19 And I am just real concerned about my property value, and
12:21:21 whether I am going to be liable for somebody drowning or
12:21:24 people on my property.
12:21:27 And I'm just really worried.
12:21:28 But other than that, thank you for your time.
12:21:32 >>CHARLIE MIRANDA: Thank you very much.
12:21:33 Next, please.
12:21:33 >> My name is Degna Hampton, a property owner.
12:21:43 My home is exactly at the parking lot of this school.
12:21:51 Hearing the statements of the three students and as a former
12:21:54 teacher myself, I admire them.
12:21:56 However, I have a problem.
12:21:59 My problem is that I am right at the parking place.
12:22:08 And the level which they have now is fine.
12:22:12 But when we have students in high school, it turns out to be
12:22:16 a problem for noise, cars, because many of them should be
12:22:20 driving, and the least I would expect is for the project to
12:22:25 have a high fence of the complete block, and that's all I
12:22:33 have to say.
12:22:34 I need to be away, I need to be quiet, I need to have
12:22:39 confidence where I am without noise, without music, without
12:22:43 problems that come with a high school.
12:22:48 I have experience with friends who live next to high
12:22:52 schools, and I know what I am saying.
12:22:55 Thank you very much.
12:22:57 >>CHARLIE MIRANDA: Thank you very much.
12:22:59 Anyone else before I call the petitioner?
12:23:02 I see no one.
12:23:05 >>GINA GRIMES: I have nothing further.
12:23:11 >>CHARLIE MIRANDA: We need a motion.
12:23:14 >>HARRY COHEN: Motion to close.
12:23:16 >>LISA MONTELIONE: Second.
12:23:17 >>CHARLIE MIRANDA: All in favor of the motion?
12:23:19 The ayes have it unanimously.
12:23:21 Ms. Mulhern.
12:23:21 >>HARRY COHEN: Motion to reopen the hearing.
12:23:34 >>LISA MONTELIONE: Second.
12:23:36 >>CHARLIE MIRANDA: All in favor?
12:23:37 The ayes have it unanimously.
12:23:42 >>GINA GRIMES: I think those kind of issues would be
12:23:44 appropriate to discuss at that time.
12:23:46 I don't want to commit to anything yet but it's certainly
12:23:49 something we would consider.
12:23:51 The higher walls, I don't know that the would be concrete,
12:23:53 but something we would discuss in July when we have the
12:23:56 public hearing on the PD ordinance.
12:23:57 >>LISA MONTELIONE: Ms. Grimes, if could you see your way to
12:24:06 meeting with the neighborhood, the neighborhood association,
12:24:09 the residents, especially those that are immediately
12:24:12 adjacent to the property and address them.
12:24:18 Now that we are moving forward with the PD process, there
12:24:21 might be some other things that you can discuss with them
12:24:24 such as the details of fencing, walls.
12:24:29 >> Before the public hearing we'll go over the site plan
12:24:32 with them probably a month or so before the public hearing.
12:24:35 >>LISA MONTELIONE: Just want to make sure again that the
12:24:37 neighbors who are here understand they will be going through
12:24:40 a process for PD rezoning, planned development rezoning, and
12:24:46 you should hear from them prior to the hearing being set
12:24:50 for -- was it June or July?
12:24:53 So you should hear from them prior to that.
12:24:57 If you do, let me know, and I will in touch.
12:25:02 Thank you.
12:25:03 >>CHARLIE MIRANDA: Any further discussion by council
12:25:05 I need a motion to close.
12:25:06 >>HARRY COHEN: Motion to close.
12:25:09 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr. Suarez
12:25:12 to close.
12:25:13 All in favor?
12:25:14 I'm sorry, I forgot how the rotation who was next.
12:25:17 >>MIKE SUAREZ: I'll take it.
12:25:23 >>CHARLIE MIRANDA: Number 100.
12:25:24 >>MIKE SUAREZ: Move an ordinance presented for second
12:25:27 reading and adoption, an ordinance rezoning property in the
12:25:29 general vicinity of 10916, 10922 and 10948 north central
12:25:34 Avenue and 404 east 109th Avenue in the city of Tampa,
12:25:38 Florida and more particularly described in section 1 from
12:25:41 zoning district classifications RS-50 residential
12:25:45 single-family to RM-24 residential multifamily providing an
12:25:49 effective date.
12:25:51 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.
12:25:53 I have a second by Mr. Cohen.
12:25:55 Roll call vote.
12:25:56 Vote and record.
12:26:05 >> Motion carried unanimously.
12:26:09 >>CHARLIE MIRANDA: Thank you all very much for attending.
12:26:11 Before we break I would like to do 101.
12:26:13 I would like to open that public hearing.
12:26:17 Motion by Mr. Suarez second by Mr. Cohen.
12:26:19 All in favor?
12:26:21 The ayes have it unanimously.
12:26:22 101 is open.
12:26:23 Yes, sir.
12:26:23 >>LISA MONTELIONE: Do we need a motion to go past the 15
12:26:29 >>CHARLIE MIRANDA: The motion I have by Mrs. Montelione for
12:26:31 three minutes, second by Mr. Suarez.
12:26:36 An extra five minutes.
12:26:37 All in favor of that motion?
12:26:38 The ayes have it unanimously.
12:26:40 Yes, ma'am.
12:26:40 >>MARY MULHERN: I would like to take up item number 102
12:26:47 also which I think will be really quick before we break.
12:26:50 >>CHARLIE MIRANDA: In a problem.
12:26:52 Yes, sir.
12:26:52 >>SAL TERRITO: Legal department.
12:26:54 Here for item 101.
12:26:55 As you remember, two weeks ago we held a TEFRA or a hearing
12:26:59 required by the IRS code on the bay care bonds.
12:27:05 They were going to -- you did approve but the notice that
12:27:11 went out was only for $365 million.
12:27:14 Excuse me.
12:27:16 So we are required to have this hearing to pick up the other
12:27:19 100 million which you already approved which is done for
12:27:21 technical reasons to give the public a chance to talk if
12:27:23 they have any questions on this item.
12:27:26 >>CHARLIE MIRANDA: Item 101.
12:27:27 Anyone in the public care to speak?
12:27:29 This is non-quasi-judicial proceeding.
12:27:32 Anyone that wants to speak on item 101?
12:27:35 I see no one.
12:27:42 Motion to close the public hearing by Mr. Reddick, second by
12:27:44 Mr. Cohen.
12:27:45 All in favor?
12:27:47 The ayes have it unanimously.
12:27:48 Mr. Reddick moves the resolution.
12:27:51 Second by Mr. Suarez.
12:27:53 All in favor of the motion please indicate by saying Aye.
12:27:56 Opposed nay.
12:27:57 The ayes have it unanimously.
12:27:59 We'll do 102.
12:28:00 Mr. Fernandez.
12:28:04 >>DENNIS FERNANDEZ: Dennis Fernandez, historic preservation
12:28:06 manager, just responding to the motion to provide you some
12:28:10 background on the applications that were being submitted for
12:28:15 historic designation of Kiley Park.
12:28:18 I was the administrator of the historic technician at the
12:28:24 There was a discussion in reference to Kiley Park.
12:28:26 And its potential eligibility with a local historic
12:28:30 designation ordinances.
12:28:33 There was never an application that was submitted for local
12:28:35 historic designation.
12:28:36 There was, I believe, a nomination being developed by the
12:28:39 friend of Kiley Gardens for potentially a national register
12:28:47 At that point in July of 2005 there was a discussion at the
12:28:49 Historic Preservation Commission.
12:28:51 The commission did express concern over a couple of
12:28:54 different aspects of the property, foremost that was
12:28:59 significantly less than the 50-year period that's normally
12:29:03 applied to the definition of a property being historic.
12:29:07 Secondly, the integrity of the overall site at that time,
12:29:15 there had been a elimination of water features, and with the
12:29:19 work the city conducted later on there, was further removal
12:29:22 of different portions of the park.
12:29:25 That being said, it's something that the HBC has not
12:29:31 potentially considered at the local level.
12:29:33 It normally defers to a determination of eligibility at the
12:29:36 national level, which has never occurred.
12:29:40 The subject has come up from time to time, but that issue of
12:29:43 national eligibility has never been resolved.
12:29:50 >>CHARLIE MIRANDA: Mrs. Mulhern?
12:29:51 >>MARY MULHERN: Thank you.
12:29:52 So do you have the original -- the documentation and the
12:29:58 nomination for the national register?
12:30:01 Because we have been trying to find that.
12:30:05 >>DENNIS FERNANDEZ: The national register nomination, I have
12:30:07 never seen a national register nomination.
12:30:09 There was a preliminary assessment, I believe, very
12:30:13 preliminary document that was submit to the national
12:30:18 historic preservation office at which time they requested
12:30:21 additional information. I did speak with a deputy historic
12:30:26 preservation officer.
12:30:27 She has no knowledge of anything ever being submitted at
12:30:30 that particular time.
12:30:31 >>MARY MULHERN: Well, what -- what did you have in your
12:30:35 department as far as those documents?
12:30:38 Because they did come to you, right?
12:30:41 >>DENNIS FERNANDEZ: No, they did not.
12:30:43 It wasn't produced by our staff.
12:30:45 It was produced by individuals within the group, the friends
12:30:49 of Kiley Gardens.
12:30:50 What we did, because we are certified oh by lost will go we
12:30:55 provide a recommendation to the state historic preservation
12:30:57 office on our position of eligibility, on national register
12:31:03 So we did an evaluation of properties less than 50 years
12:31:05 old, with the Historic Preservation Commissioners list.
12:31:11 However there, was never a nomination submitted.
12:31:13 So we never --
12:31:15 >>MARY MULHERN: Whatever you -- whatever was submitted to
12:31:19 the city, and whatever you produced, could we -- could we
12:31:23 please have copies of that?
12:31:25 Anything you have?
12:31:27 >>DENNIS FERNANDEZ: I have a PowerPoint.
12:31:29 Dealing with criterion G, which is the consideration of
12:31:32 property for historic designation less than 50 years old.
12:31:36 I don't have any type of nomination that was presented to
12:31:41 >>MARY MULHERN: So who presented it?
12:31:47 >> Who presented the nomination?
12:31:48 >>MARY MULHERN: Yes.
12:31:49 I am trying to figure out where the --
12:31:53 >>DENNIS FERNANDEZ: A copy -- --
12:31:55 >>MARY MULHERN: I was told this before I was on council,
12:31:58 but I was told that all the paperwork was ready to be
12:32:04 Was this for a local designation?
12:32:06 >> No, that was not for a local designation.
12:32:08 Kiley Gardens as its known now has never been on the
12:32:13 Historic Preservation Commission work plan officially.
12:32:18 >>CHARLIE MIRANDA: Mr. Cohen?
12:32:20 >>HARRY COHEN: I think after reading this morning's
12:32:23 editorial, after learning something about this issue, after
12:32:26 hearing what Ms. Mulhern just asked, I would like to ask two
12:32:34 The first is, can we place Kiley gardens -- can we nominate
12:32:42 Kiley gardens to be to have a status at the landmark for the
12:32:49 national trust for historic preservation?
12:32:52 Is that something we can make a motion to ask you to do?
12:33:02 >>DENNIS FERNANDEZ: The development of national register
12:33:03 nomination is not a function of the local -- the city staff.
12:33:08 That is a review authority that we have.
12:33:11 >> So friends of Kiley garden if they were to produce an
12:33:14 application for designation as a landmark under the national
12:33:19 trust for historic preservation guidelines, would you review
12:33:22 it and could submit it?
12:33:23 >>DENNIS FERNANDEZ: They would review it. We would comment
12:33:25 through the certified local government.
12:33:27 >> And who would submit it?
12:33:29 >> The friends of Kiley garden.
12:33:30 >> Would actually make a submission.
12:33:32 I would like to make a motion that we do that number one.
12:33:36 >>CHARLIE MIRANDA: I have a motion -- we are going to vote
12:33:39 on them individually.
12:33:40 Yes, ma'am?
12:33:42 >> I'm sorry, I didn't interrupt before I heard what the
12:33:44 motion was but I have to be clear, the city has to actually
12:33:47 sign off on the application.
12:33:48 >>HARRY COHEN: The mayor has to sign off on it, correct?
12:33:53 So if the application was prepared it would then be up to
12:33:55 the mayor to whether or not he wanted to sign off on it?
12:34:00 >> Bob McDonough, Administrator of Economic Opportunity.
12:34:03 This has become somewhat publicized. And people have come
12:34:07 to comment on it.
12:34:08 Most recently, I received comments from the folks who just
12:34:12 operated the Gasparilla music festival and they raised a
12:34:16 concern that they are certainly all for develop some shade
12:34:20 in our parks, which we obviously need, but our concerns that
12:34:26 if we do this, it might diminish its ability as a place for
12:34:30 people to get together to have large functions.
12:34:34 We have spent considerable amount of time and money
12:34:37 advertising our downtown and generating more activities.
12:34:41 And I would like to take some time to see if the exact
12:34:48 patterns that Kiley Gardens was in is the highest and best
12:34:51 use for that property.
12:34:51 >>HARRY COHEN: Mr. McDonaugh, I respectfully don't agree
12:34:58 with that.
12:34:59 This garden is really, really special, designed by someone
12:35:04 who is now deceased, who it was one of the foremost
12:35:10 landscape architects of the 20th century, and to make
12:35:13 the argument that somehow by restoring the garden it's going
12:35:16 to impede the public's ability to access it, I just have a
12:35:22 hard time with that, with that whole line of argument,
12:35:27 particularly since I went to the music festival, and in my
12:35:31 view, if there's any complaint about the garden, it's that
12:35:35 there's no shade at all, and the original design
12:35:40 contemplated shaded areas.
12:35:41 So I don't really see how it would be helpful for us to
12:35:45 redesign something that already is really on its own, it
12:35:52 goes to the -- if built to the proper specifics would
12:35:56 actually be a tourist and cultural mecca for the downtown
12:36:01 But that's just my view.
12:36:04 >>CHARLIE MIRANDA: I'm going to stop here.
12:36:06 The five minutes that was allotted was over.
12:36:09 Give me another five minutes, give me an hour, give me two
12:36:12 >>LISA MONTELIONE: Move for another five minutes.
12:36:19 >> Second.
12:36:22 >>CHARLIE MIRANDA: All in favor?
12:36:23 Motion passes unanimously.
12:36:24 >>LISA MONTELIONE: Mr. Chair, may I?
12:36:32 I suggest that we discuss this at a workshop.
12:36:34 I think all of us need to understand the difference between
12:36:37 a local historic designation, a national historic
12:36:43 We need to know what the process S.we need to know what the
12:36:46 restrictions are.
12:36:47 And I think several of us have an understanding from what we
12:36:55 read or seen or generally know, but I would like the
12:36:59 opportunity to bring the operators of their music festival,
12:37:05 to hear from the friends of Kiley Gardens, to hear from our
12:37:08 staff on the particulars of the designations and what the
12:37:11 differences are.
12:37:12 So if I could make that motion that we have a workshop
12:37:18 containing all of those provisions that I previously
12:37:20 mentioned on June 21st, we don't have any workshops
12:37:24 scheduled for that day, so we would have plenty of time in
12:37:27 that time slot.
12:37:28 >>MARY MULHERN: There's a motion on the floor already.
12:37:33 >>CHARLIE MIRANDA: Read the motion.
12:37:35 Read the motion again.
12:37:36 >> Mr. Cohen made a motion to recommend --
12:37:49 >>HARRY COHEN: Recommend an application for landmark status
12:37:51 under the landmark trust.
12:37:55 >>CHARLIE MIRANDA: As a qualifier, I think the idea that
12:37:57 Mrs. Montelione had is a better one because I don't know
12:38:00 that the qualifies for anything.
12:38:01 >>HARRY COHEN: I'm fine if I can accept a friendly
12:38:05 amendment to the motion -- to move the discussion to a
12:38:09 workshop on June 21st.
12:38:13 >>MARY MULHERN: Second.
12:38:17 >>CHARLIE MIRANDA: I have a motion and second of the
12:38:20 original motion that was made earlier.
12:38:21 >> What time?
12:38:26 >> 9 a.m.
12:38:27 >>CHARLIE MIRANDA: All in favor say aye.
12:38:30 Ms. Mulhern?
12:38:32 >>MARY MULHERN: I'll speak before we vote because I know I
12:38:34 said this would be brief.
12:38:35 I didn't expect it to take so long.
12:38:38 But I do want to say, we are talking about be this garden,
12:38:49 and he was the preeminent landscape architect. Second half.
12:38:54 20th century.
12:38:55 So we got like 60 years.
12:38:58 And this is what he thought was one of his greatest
12:39:01 I would also lake to say that as far as having -- I think
12:39:09 that we also need to talk about the local designation at the
12:39:12 same time.
12:39:13 So that's way want to ask.
12:39:15 But I want to point out that we are talking about the
12:39:18 greatest piece of architecture, landscape architecture that
12:39:25 we had in this city as opposed to festivals, and there's
12:39:36 plenty now downtown and there aren't enough trees.
12:39:38 The fact that we could not only restore this incredible, you
12:39:42 know, piece of landscape architecture and provide shade for
12:39:49 those events that we are having downtown, people who are
12:39:54 opposed to the really need to think twice about that.
12:40:01 All in favor of the motion?
12:40:04 The ayes have an amendment.
12:40:05 One more item.
12:40:07 I want to get the department heads back to work.
12:40:09 We have taken most departments today.
12:40:13 Number 106.
12:40:15 >> 106 is for approval of award between the city and
12:40:19 Polydyne for liquid method a knoll.
12:40:25 >>LISA MONTELIONE: Is this an open bid process?
12:40:33 >> It is a competitively bid contract and the bid price
12:40:36 versus to be linked.
12:40:38 >>LISA MONTELIONE: Thank you.
12:40:41 Thank you.
12:40:44 I have a.
12:40:45 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
12:40:47 Mr. Capin on item 106.
12:40:48 All in favor of the motion?
12:40:50 The ayes have it unanimously.
12:40:52 >> 107 is acceptable the environmental proposal for award of
12:41:17 a contract for rehabilitation of manholes throughout the
12:41:30 >>LISA MONTELIONE: Move 107.
12:41:32 >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by Mr.
12:41:35 All in favor?
12:41:36 The ayes have it unanimously.
12:41:40 What time do you want to come back?
12:41:43 We recess until 2:00.
12:41:46 Recess until 2:00.
12:41:50 >> (City Council in Recess)
12:41:52 >>CHARLIE MIRANDA: City Council is called to order.
02:07:48 Roll call.
02:07:49 >>MIKE SUAREZ: Here.
02:07:51 >>YVONNE CAPIN: Here.
02:07:54 >>HARRY COHEN: Here.
02:08:01 >>FRANK REDDICK: Here.
02:08:04 >>CHARLIE MIRANDA: Here.
02:08:08 >>CHARLIE MIRANDA: We are on item, 7, the workshop, item
02:08:13 number 8 is an ordinance presented for first reading
02:08:16 That's on the fertilizer.
02:08:18 >> Jan McLean, office of city attorney, here on agenda item
02:08:29 number 7, which is the first reading of the revisions.
02:08:34 >>CHARLIE MIRANDA: I think it's number 8, but if you want to
02:08:36 do number 7 again.
02:08:37 >> No.
02:08:39 It's ingrained in my brain.
02:08:42 I do not want to do 7.
02:08:45 No aspirations whatsoever.
02:08:48 Let me switch --
02:08:50 >> Let's start again.
02:08:58 Jan McLean, office of city attorney, number 8, proposed
02:09:03 amendment to chapter 21 and 25.
02:09:10 We have proposed revisions that would include, narrowly
02:09:18 What you have in front you have and what was in the regular
02:09:20 agenda was for those proposed revisions which are two
02:09:25 sections that are very narrowly focused, and one additional
02:09:30 exemption in support of the community Gardners exemption
02:09:35 that was previously in the ordinance.
02:09:45 In addition, you have revisions to chapter 19 and 23, which
02:09:50 will provide the authority for code enforcement department
02:09:53 to enforce article 5.
02:10:00 So that is in front you have you today and I am here to
02:10:02 answer any questions.
02:10:05 >>CHARLIE MIRANDA: Commissioner -- thank you.
02:10:07 Councilman Reddick?
02:10:10 >>FRANK REDDICK: Thank you, Mr. Chair.
02:10:11 I spoke briefly with you about the word exclusive.
02:10:22 I did some quick research here.
02:10:23 Tell me, what's the difference between the word exclusive in
02:10:32 Hillsborough County, where you want to use that word, and in
02:10:35 Pinellas County.
02:10:37 They have eliminated that word exclusive.
02:10:40 So what's the difference between Hillsborough and Pinellas
02:10:44 >> Jan McLean, office of city attorney.
02:10:46 Hillsborough County does not have any restrictions with
02:10:48 regard to point of sale.
02:10:52 Pinellas County and us are the same but -- mostly the same
02:11:03 >>FRANK REDDICK: When I say that, Pinellas -- here, they
02:11:14 remove the word exclusive for improvement.
02:11:18 Pinellas County doesn't.
02:11:19 I see where we have it included for improving gardening in
02:11:28 the ordinance, and I want to know what's the difference
02:11:30 between Hillsborough County and the soil in Pinellas County
02:11:33 that this one word seems to be a problem for Hillsborough
02:11:41 >> Like I said, Hillsborough County does not have these
02:11:48 Pinellas County does.
02:11:48 And let me step back just a little bit.
02:11:51 When this was first initiated, this came through the Tampa
02:11:54 Bay estuary program.
02:12:01 A model ordinance would be implement add round Tampa Bay,
02:12:03 because that will provide us -- that was our goal, to have
02:12:06 the most increase in water quality.
02:12:09 And we went around each of the different jurisdictions
02:12:12 trying to have the jurisdictions adopt the model ordinance.
02:12:18 We have been somewhat successful.
02:12:19 Hillsborough County has not adopted those types of
02:12:25 Manatee -- excuse me, Pinellas County has.
02:12:28 Sarasota has a version of it.
02:12:31 Manatee has a version of it.
02:12:33 Many of the municipalities within Pinellas County also
02:12:35 operated into the Pinellas County ordinance.
02:12:38 So people ask, why are you trying to be like Pinellas
02:12:43 Because we are trying to have the most -- the broadest
02:12:50 expanse of improvement for water quality for Tampa Bay.
02:12:53 Now, for this, what we are offering to you here, and the
02:12:58 word that you are bringing up is on page 5, line 48, in
02:13:02 subsection I, which reads fertilizers exclusively for use on
02:13:07 edible plants which is in the definitions above which
02:13:12 contain nitrogen or phosphorus can be explained and sold at
02:13:20 The section that I referred to as providing support for the
02:13:23 exemption for family and community gardeners.
02:13:27 Since we were exempting them from the restrictive period, we
02:13:30 thought, well, we should allow them to have an exemption to
02:13:33 purchase the fertilizers so they are able to apply during
02:13:39 the restricted period and that's why we are trying to
02:13:42 narrowly apply this exemption, to only edible plants.
02:13:52 As you were made aware there are different fertilizers that
02:13:55 may look very much the same, one saying exclusively edible
02:13:59 plants, tomatoes, vegetables and fruits.
02:14:02 One would say vegetable and other plants that the could be
02:14:09 used on.
02:14:11 This would then open up our ordinance to have additional
02:14:13 fertilizers be made available, and we are trying not to do
02:14:17 We are trying to be very exclusive and have the fertilizers
02:14:21 available that only are exclusively for edible plants.
02:14:24 >>FRANK REDDICK: So if you removed the word exclusively in
02:14:31 this 21-145-I, would you still meet your goal are?
02:14:35 >> No, we believe not.
02:14:37 And, in fact, I expressed this to one of the stakeholders.
02:14:42 I would rather recommend to you that you take that section
02:14:49 out than to take out the word exclusively.
02:14:51 And as a staff member, I say to you that if we are going to
02:14:55 include an exemption, you would want those folks that are
02:14:58 within that exemption to be able to access the fertilizers
02:15:02 that they can use during the restricted period.
02:15:05 But I believe, as I stand in front of you, that if you take
02:15:09 out exclusively, it would do more damage to your ordinance
02:15:13 than it would do good for those that have been exempted.
02:15:16 And I would recommend p to take out that section which would
02:15:23 leave those folks that are now exempted out without the
02:15:25 access of those fertilizers for sale within our
02:15:30 >>FRANK REDDICK: So you are comfortable with removing that
02:15:35 >> No, I'm not.
02:15:37 >> I thought that's what you just said.
02:15:39 Instead of removing the word exclusive, would you be willing
02:15:42 to take out the section.
02:15:44 Is that what you just said?
02:15:45 >> Yes, sir that would be my recommendation to you.
02:15:47 That does not mean that I'm not comfortable for the.
02:15:50 I feel if you are going to allow someone to be exempted, you
02:15:53 should allow them to access those fertilizers if they are
02:15:58 able to apply, but as a legal adviser, I would advise you
02:16:05 that if you are going to remove the word "exclusive" it's
02:16:10 better to remove the section, unfortunately.
02:16:12 >>FRANK REDDICK: Okay.
02:16:14 Final question, Mr. Chairman.
02:16:24 You have seen the bag of fertilizer, the sale for plants,
02:16:30 and vegetables.
02:16:33 Food and -- fruit and vegetables.
02:16:36 I'm pretty sure you can go to Home Depot -- and I'm out
02:16:39 there every Saturday, and utilize their stuff for my garden.
02:16:44 But I know if you buy miracle Gro, and then if you go -- and
02:16:50 I think Virtro or something like that, fertilizer, also for
02:16:57 plants, and vegetables, or flowers and vegetables, what
02:17:04 bothers me is that when you look at it, if you get the
02:17:07 miracle Gro, they have everything in there that is not
02:17:13 exempt according to this ordinance.
02:17:17 But if you buy, I think, Virtro fertilizer -- I think that's
02:17:25 the brand name -- for their plants and vegetables, then you
02:17:34 might see the term -- they probably would meet this
02:17:37 ordinance that you are speaking of, the exclusive
02:17:41 So I'm just going concerned that we are limiting people from
02:17:51 buying one product where they can easily get the other
02:17:55 product and achieve the same purpose.
02:18:00 That's from the Home Depot or department store that sells
02:18:05 So my only problem I have is the terminology that you have
02:18:09 here exclusively.
02:18:10 And if that was removed, then I could support the ordinance.
02:18:16 If it's not, failure to remove it, then would I be favorable
02:18:21 of removing this section from the ordinance, 21-145-I.
02:18:26 Because I think it's just limiting too many people who
02:18:30 garden and who plant vegetables and flowers in their yards,
02:18:36 and I don't think they should be limited just because of
02:18:41 this terminology.
02:18:44 >>CHARLIE MIRANDA: Thank you.
02:18:44 Mr. Cohen.
02:18:45 >>HARRY COHEN: I understand -- I happen to agree with Mr.
02:18:50 Reddick's concern about that.
02:18:51 So it seems to me that by only something for use exclusively
02:19:03 on edible plants it removes a whole category of products
02:19:06 that are perfectly safe for edible plants that might also be
02:19:11 usable on other kinds of vegetation.
02:19:13 And I have this suggestion on this, because I am troubled by
02:19:19 I like this entire ordinance.
02:19:20 I support it had the ordinance originally and I certainly
02:19:24 want to support these revisions.
02:19:26 What I am wondering, though, is if we were to take out
02:19:30 section I, if anything would prevent us from actually, then,
02:19:36 having -- constructing a paragraph as an exemption and
02:19:40 passing it at a later meeting.
02:19:42 It seems to me if you take it out, we could come back in a
02:19:46 week or two with the constructed exemption, and here is the
02:19:50 thing I really would like to understand between now and then
02:20:02 If this issue came up in the last day or so and there was
02:20:05 language used I believe bitsy area club that said if we
02:20:08 didn't keep the prohibition then it would gut the ordinance.
02:20:11 And I would just like to have a week or two to actually
02:20:14 research out the truth of that statement.
02:20:18 I haven't had time, since this all came up relatively recent
02:20:23 lyrics to really do that analysis myself, and I feel like
02:20:26 that's important.
02:20:27 If we are going to make an exemption for something.
02:20:33 >>CHARLIE MIRANDA: Ms. Montelione.
02:20:33 >>LISA MONTELIONE: Well, we talked about this ordinance
02:20:37 quite some time ago, and do you recall when we received this
02:20:47 I mean, it was several weeks ago.
02:20:49 And my concern is we may run the risk defeating the entire
02:20:58 purpose that this ordinance was crafted for if we exclude
02:21:03 out, you know, or delete that section I under exemption.
02:21:14 The spirit in which this was crafted, and the idea that we
02:21:20 have had these revisions for quite some time now, and I
02:21:25 don't feel like a word of it should be changed.
02:21:31 If we truly want to protect our lakes, streams and rivers,
02:21:35 and we want to also allow for those individuals to purchase
02:21:41 the products they need to for promoting healthy lifestyles
02:21:46 and growing their own food in edible landscape, then they
02:21:56 need to buy those types of products that are meant for
02:21:58 edible landscapes.
02:21:59 They don't need to be buying things that are meant for, I
02:22:04 don't New York City for Sycamore trees, now, or cypress
02:22:08 I mean, exclusively for edible plants is pretty clear.
02:22:18 You are either going to buy a fertilizer that's meant for
02:22:21 use on edible plants because you have an edible landscape,
02:22:25 or not.
02:22:26 And if we take out the word exclusively, then we might as
02:22:33 well not have an ordinance because then they can buy any
02:22:36 type of fertilizer because cost used on any type of plant.
02:22:42 So that's why I think Jan -- Ms. McLean's fear if we take
02:22:50 out the word exclusively, and pretty much you can buy
02:22:53 fertilizer for anything.
02:22:58 I don't want to put words in your mouth.
02:23:00 >> No.
02:23:01 If I could follow up so it would be a little more clear.
02:23:04 But there's no reason -- we do have time if you want to come
02:23:07 back in two weeks, I could have the folks from Pinellas
02:23:10 County here, coif the folks from Tampa Bay estuary here.
02:23:15 We actually were hoping that we would be at second reading
02:23:18 and they were all going to be here and celebrate, but we
02:23:20 could definitely have them here anyway.
02:23:23 >> When does our original orthopedics go into effect?
02:23:27 >> We did that already.
02:23:28 They were here already.
02:23:29 >> The restrictive period doesn't implement until June.
02:23:35 >>HARRY COHEN: Got it.
02:23:37 >> And what we were trying to do in order to assist those
02:23:41 folks, as you can see on page 4, in line 40, section 21
02:23:47 .144, this is the restriction on fertilizers that cannot be
02:23:53 sold or applied.
02:23:55 And then on the next page, and 21-145 are the exemptions.
02:24:00 And within those exemptions on paragraph D we have AP
02:24:04 exemption for fruit and vegetable garden, you know, very
02:24:08 specifically, individually, or community owned.
02:24:12 We have a definition.
02:24:25 And because we exempted them out, in section 143, which is
02:24:30 the seasonal restrictions, summer restrictions and 144, the
02:24:37 point of sale doesn't apply to your personal gardens or your
02:24:40 community gardens.
02:24:41 So we said, if we are going to -- we need to allow them to
02:24:47 purchase it.
02:24:48 So it actually expanded the products that could be loud to
02:24:51 be sold during the restricted period.
02:24:53 And with regard to other products, there are other products
02:24:56 out there that don't have nitrogen and phosphorus that they
02:25:00 could also apply.
02:25:01 And we would encourage them to do that instead of using the
02:25:05 fertilizers that have nitrogen and phosphorus in them.
02:25:08 But if they feel, for whatever reason, in their personal
02:25:14 garden or community garden, they could access those
02:25:17 But not for products that include other plants.
02:25:21 And so we are trying to keep our exemption narrow.
02:25:24 But it's the will of the council, whatever you would like to
02:25:28 do with regard to revisiting this, of course.
02:25:31 >>CHARLIE MIRANDA: Thank you.
02:25:32 Mr. Suarez.
02:25:32 >>MIKE SUAREZ: Thank you.
02:25:34 Ms. McLean, you and I both know how parsing language can be
02:25:38 kind of difficult when it comes to these kind of issues.
02:25:42 Here is the thing that I have a concern about.
02:25:44 And it's set forth below by Mr. Reddick and Mr. Cohen.
02:25:49 You have got fruit and vegetable gardens.
02:25:53 Community gardens sometimes can include things that are not
02:25:58 Not edible plants.
02:26:00 Flowers, other things.
02:26:01 As I understand it -- and again, I am going to preface this
02:26:05 by saying I don't have a green thumb, I don't have a blue
02:26:09 I have a brown thumb, okay.
02:26:10 I don't know how to grow anything.
02:26:12 I don't grow anything.
02:26:13 I am not sure how people get these things done.
02:26:16 But I do know that when you go out to the Home Depot or any
02:26:21 other store that sells these things, essentially, the
02:26:24 products they sell are the same for both vegetables and for
02:26:30 flowers, for plants.
02:26:32 I don't know there's a difference.
02:26:33 I don't know because I am not someone that is a scientist
02:26:36 or, you know, horticulturist or whatever.
02:26:40 So if it's the same, a garden is a garden, you know.
02:26:44 And we are already putting a very specific restriction that
02:26:49 is fruit and vegetable only.
02:26:51 And for God's sakes, we have got all these other exemptions.
02:26:56 Golf courses.
02:26:57 They are huge, okay.
02:26:58 Of course, we do it because we want to make sure that people
02:27:01 come down here and golf, all right.
02:27:03 I play golf and I don't like playing on a sand trap, okay?
02:27:06 But I think you may have overstated yourself a little bit on
02:27:12 I'm not sure that removing either that piece or even that
02:27:17 line, it will gut the whole thing.
02:27:21 I don't think you said that per se.
02:27:23 But I'm just trying to understand, you know, what the
02:27:26 difference between having a rose garden and having, you
02:27:29 know, a vegetable garden, now, your tomatoes and peppers
02:27:34 versus your -- maybe roses are not a good example because
02:27:37 they are much more specific in terms of their needs and
02:27:40 nutrients and other things.
02:27:41 But daisies or some other type of flowering plant.
02:27:45 If somebody wants to grow it.
02:27:46 If it's under the restricted use and is now an edible plant,
02:27:50 they supposedly aren't supposed to be buying this stuff,
02:27:53 >> It's not supposed to be for sale.
02:27:55 >> It's not supposed to be for sale.
02:27:56 And again, is there any difference between what's in, you
02:28:02 know, something, potted plants, garden or gardens, is there
02:28:07 anything specifically different between one and the other?
02:28:11 And I have heard this from other people over the last couple
02:28:13 of days there.
02:28:14 Truly is not anything to it in terms of the difference in,
02:28:18 terms of what nutrients they need.
02:28:23 >>JAN MCLEAN: If I may.
02:28:24 And I share your ability with plants.
02:28:28 >> And of course being an environmental lawyer which makes a
02:28:31 lot of things.
02:28:35 >>JAN MCLEAN: I can do water.
02:28:36 I can't do green.
02:28:37 But it's my understanding, and I have learned a lot through
02:28:40 the course of this, and I don't have those folks here today,
02:28:42 but I do know that the regulation of the labeling on these
02:28:47 types of products is very particular, and it is preempted to
02:28:53 Department of Agriculture and consumer services.
02:28:55 So if there is a difference in the labels, there is a
02:28:58 difference in the ingredients, there is a difference in
02:29:01 those products.
02:29:02 Now, could those products be used on the same or similar
02:29:07 Most likely.
02:29:08 Does the product that now references flowering plants have
02:29:14 additional things in it?
02:29:16 I would assume so, or different things because their label
02:29:18 has to reflect that.
02:29:20 What we open the door to, and we recognize sometimes when
02:29:24 you open that door just a little bit, you open it widely.
02:29:27 I don't know whether I may have overstated myself.
02:29:33 >> I do think you overstated.
02:29:35 I don't want to interrupt, but we have these consumptions.
02:29:38 So we are tweaking the exemption, not tweaking the entire
02:29:43 >>JAN MCLEAN: Write was going with that I may have
02:29:44 overstated myself, if I said it would gut the ordinance.
02:29:47 And I do believe that, because when you move from edible
02:29:50 plants, which is there for this particular exemption, yes,
02:29:55 there are other exemptions.
02:29:56 We looked at economic impact.
02:29:57 We looked at tourism.
02:29:59 We looked at being consistent with not only Pinellas County
02:30:01 but the model ordinance that was adopted by the DEP.
02:30:04 What we were doing here is also, though, laying this on our
02:30:08 If you move from an edible plants to a landscape plant, my
02:30:13 understanding is that we have now opened the door to include
02:30:16 many more plants and different fertilizers than what we are
02:30:20 trying to accomplish with our ordinance.
02:30:23 And that's why I said from a legal perspective, I would
02:30:27 rather have this out than have this in without the word
02:30:32 From a legal perspective.
02:30:33 >>MIKE SUAREZ: If you change the wording to fruit and
02:30:41 flowery gardens would that make a difference?
02:30:43 Make a difference from the point of DOE exemption, yes.
02:30:48 >> I don't know how many flowering gardeners there are out
02:30:51 there, but there are some, okay, and you have to say that
02:30:54 fruit and vegetables, now, you can grow fruit and vegetables
02:30:57 but you can't grow a flower garden because you can't --
02:31:00 obviously the summertime is when you are going to get the
02:31:03 >> When you shouldn't put the fertilizer --
02:31:08 >>MIKE SUAREZ: Now what I'm saying, but there's a reason
02:31:10 that we ban them in the summertime because we don't want the
02:31:14 runoff as part of it.
02:31:15 And typically people tend to put more stuff when they see
02:31:18 their stuff turning brown.
02:31:20 They all understand the -- again this is back to a person
02:31:25 who is a brown thumb, okay?
02:31:27 Now, if we put in, you know, flowering gardens in addition,
02:31:32 because I have got to tell you, about a year ago, we got our
02:31:35 own little community garden, and they have fruit and
02:31:40 They may even have flowers out there now, I'm not sure.
02:31:43 I don't want our community guard tone go to waste, now.
02:31:46 So how do we deal with that?
02:31:48 And again, there are people out there that have flowering
02:31:51 gardens and they may not have thought about this because the
02:31:54 fertilizer ordinance that we had talked about for most of
02:31:59 the time has to do with lawns and fertilizer, because that's
02:32:03 really the biggest danger we have on the runoff, as I
02:32:09 >>JAN MCLEAN: Lawns and landscape material.
02:32:10 >>MIKE SUAREZ: We go with semantics here.
02:32:14 That's why you have got the law degree.
02:32:16 So I guess what I am saying is, what really difference is
02:32:21 between an edible garden and a flowering garden in terms of
02:32:25 the amount of runoff that you are going to have?
02:32:28 To me, it doesn't make any sense.
02:32:31 And maybe I'm wrong about this and maybe I'm not thinking
02:32:34 about it easily enough, but it doesn't make a whole lot of
02:32:37 sense to me if you are allowed to use stuff on one but not
02:32:43 on another type of garden.
02:32:52 >>CHARLIE MIRANDA: (off microphone) I'm not a lawyer.
02:32:54 I'm not smart.
02:32:55 I don't have a brown thumb.
02:33:03 I don't have four votes to pass and I don't have four votes
02:33:06 to not pass.
02:33:07 I don't want to use the word fail.
02:33:09 So Mr. Cohen, I go to you.
02:33:12 >> I would like to move to continue this to 10 a.m. on April
02:33:16 19th under staff reports.
02:33:20 >>CHARLIE MIRANDA: That's the best thing you have made in a
02:33:22 long time, Mr. Cohen.
02:33:23 I have a motion by Mr. Cohen, second by Mrs. Montelione.
02:33:27 All in favor of the motion?
02:33:28 Opposed nay?
02:33:30 Thank you very much.
02:33:32 We appreciate it.
02:33:35 Say the date again, clerk, please.
02:33:37 >> April 19th at 10 a.m.
02:33:41 >>JAN MCLEAN: So it will remain on first reading, and I will
02:33:43 bring folks to answer your questions.
02:33:45 >>CHARLIE MIRANDA: We can't tell what you to do or not to
02:33:47 You work for the administration.
02:33:51 [ Laughter ]
02:33:52 All right.
02:33:54 We are going to go to committee reports.
02:33:58 First is Public Safety Committee chairman Mr. Frank Reddick.
02:34:01 >>FRANK REDDICK: Mr. Chairman, move items 9 through 23.
02:34:04 >>HARRY COHEN: Second.
02:34:07 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
02:34:09 Mr. Cohen for items 9 through 23.
02:34:12 All in favor of that motion please indicate by saying aye.
02:34:16 Opposed nay.
02:34:16 The ayes have it unanimously.
02:34:19 Parks and recreation, culture committee vice chair Lisa
02:34:22 >>LISA MONTELIONE: I move items 24 through 42.
02:34:28 >> Second.
02:34:30 >>CHARLIE MIRANDA: Motion by Mrs. Montelione on those items.
02:34:32 >>MARTIN SHELBY: Mr. Chairman, I'm sorry.
02:34:34 I just got a question for Councilman Montelione, if I can.
02:34:39 Did you have a question with regard to any of those items in
02:34:43 that committee?
02:34:44 >>LISA MONTELIONE: Thank you for reminding me of that.
02:34:49 Yes, there are a couple of items, not just in that committee
02:34:52 but in other committees that I want to make sure that I have
02:34:55 on the record.
02:34:58 There are relationships with three companies that are
02:35:04 receiving -- that may be receiving with the other items
02:35:06 contracts, and that is item 31 and 32 that we just moved
02:35:11 forward, and item number 53 which will be come forward under
02:35:18 the Public Works Committee.
02:35:21 >>MARTIN SHELBY: You and I had a discussion about those
02:35:25 And this is in relation to your fiancée's business?
02:35:30 >>LISA MONTELIONE: Yes, it is.
02:35:32 >>MARTIN SHELBY: Based upon the facts that you have related
02:35:34 to me that you do not have and he does not have any
02:35:37 financial stake, it does not inure to his special benefit or
02:35:42 detriment these particular items that you are going to be
02:35:45 voting on today.
02:35:46 Is that correct?
02:35:48 >>LISA MONTELIONE: To the best of my knowledge.
02:35:50 >>MARTIN SHELBY: Based on those facts, it is my opinion as
02:35:52 City Council attorney that you are required by law to vote
02:35:55 and there is no conflict as I see it.
02:35:57 >>LISA MONTELIONE: Yes, sir.
02:36:01 >>CHARLIE MIRANDA: That being said, we are at items to 42.
02:36:06 All in favor of the motion.
02:36:07 The ayes have it unanimously.
02:36:08 Public Works Committee chair Mr. Mike Suarez.
02:36:11 >>MIKE SUAREZ: I move items 43 through 58.
02:36:14 >>FRANK REDDICK: Second.
02:36:16 >>CHARLIE MIRANDA: Motion by Mr. Suarez.
02:36:17 I have a second by Mr. Reddick.
02:36:19 Further discussion of that motion?
02:36:20 All in favor of the motion please indicate by saying aye.
02:36:23 Opposed nay.
02:36:24 The ayes have it unanimously.
02:36:27 Finance Committee, Mr. Harry Cohen.
02:36:28 >>HARRY COHEN: I move items 59 through 69.
02:36:31 >>MIKE SUAREZ: Second.
02:36:34 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
02:36:36 Mr. Suarez.
02:36:37 All in favor of the motion?
02:36:39 The ayes have it unanimously.
02:36:42 Building, Zoning and Preservation Committee, Ms. Lisa
02:36:45 >>LISA MONTELIONE: Thank you, Mr. Chair.
02:36:49 I move items 59 through 71.
02:36:57 >> No, no.
02:36:58 >>LISA MONTELIONE: I'm sorry that was your committee.
02:37:03 07, building and zoning, and items 70 and 71, then 73
02:37:11 through 75, and 77 through 81.
02:37:16 The other two items, item 72 and 76, I have pulled for
02:37:23 >>CHARLIE MIRANDA: Okay.
02:37:24 >>HARRY COHEN: Second.
02:37:26 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.
02:37:29 All in favor?
02:37:31 Do you want to discuss those now?
02:37:33 >>LISA MONTELIONE: We may, if it's your pleasure.
02:37:40 Since Ms. Capin came in the room.
02:37:54 Then we are onto item 72, correct, Mr. Chair?
02:37:58 >>CHARLIE MIRANDA: Yes, ma'am.
02:37:58 >>LISA MONTELIONE: Item 72, I had a couple of reservations.
02:38:04 I have had discussions with legal briefly, with Mr.
02:38:10 Snelling, and with Mr. Turanchik, and this is his Intown
02:38:18 Mr. Snelling, do you want to give some background on this?
02:38:22 >>THOM SNELLING: These particular properties were first sold
02:38:28 to Intown properties back in 2005, I believe, $295,000, a
02:38:34 bundle of 22 lots in the West Tampa area.
02:38:36 There had been some clauses in there that talked about
02:38:40 reverter, and affordability processes.
02:38:44 The market has changed as council knows very dramatically
02:38:48 since the first revision extended that to 2013 so they could
02:38:51 be modeled, and this last amendment has to do with removing
02:38:57 some of the other, the reverter clauses, some of the
02:39:00 affordability, and actually in an effort to try to do
02:39:03 anything the city could to reinvigorate additional
02:39:08 investment and getting more expensive homes back on the tax
02:39:13 rolls, certain dollar values were able to be met, and this
02:39:17 is rough background.
02:39:18 >>LISA MONTELIONE: (off microphone) this particular
02:39:24 section, section 15, ... is hereby repealed including any
02:39:39 revisionary rights held by the city or homestead affordable
02:39:43 housing requirements and all requirements for restrictive
02:39:46 covenants and deeds.
02:39:48 The following conditions shall -- and the rest of the items
02:39:56 in the agreement.
02:39:57 And I just want to say, you typically, covenants and
02:40:01 restrictions, you usually find in planned development.
02:40:04 This is not a planned development, correct, Mr. Snelling?
02:40:09 >>THOM SNELLING: Correct.
02:40:11 >>LISA MONTELIONE: So it's rare that you see covenants and
02:40:13 restrictions in any other situation other than planned
02:40:16 developments, gated communities and that sort of thing.
02:40:19 And I did have a conversation with Mr. Turanchik last night
02:40:25 who is -- and discussion about the affordability and
02:40:32 removing the affordability requirements of these lots.
02:40:37 And he explained it very well and talked about how their
02:40:41 development has made previous sales and the affordable
02:40:47 nature of those sales.
02:40:48 I don't know if you want to address that or Ed wants to
02:40:52 address that.
02:40:54 >>THOM SNELLING: Actually, Ed, if you want to talk about
02:40:55 that that would be fine, the details of the sales, he's
02:40:58 going to be a little more versed at that than I am.
02:41:01 >>LISA MONTELIONE: I just wanted to have this heard not
02:41:05 under the consent but, now, as a discussion item so that
02:41:10 everyone was aware that this was coming before us, and that
02:41:14 the goals that we had originally intended with the
02:41:17 affordability, now, in this climate, economic climate, the
02:41:22 homes are affordable in West Tampa, I would imagine they
02:41:25 will continue to be affordable?
02:41:27 >>THOM SNELLING: Yes, ma'am, I think by the nature of the
02:41:29 location of some of the values that are currently there,
02:41:32 that is correct, almost by nature, by their existence, are
02:41:36 going to be more affordable than other parts of the city.
02:41:40 The other thing to remember, in 2005, we didn't have
02:41:44 programs such takes NSP program whereof we put up a lot of
02:41:47 our effort with a lot of our affordability requirements.
02:41:51 >> It's kind of ahead of its time then?
02:41:55 >>THOM SNELLING: A little bit, yeah.
02:41:56 They tried to work those types of situations in.
02:41:58 The other thing, too, when they were working through getting
02:42:03 some of the loans put in place, they didn't come back to the
02:42:05 city for the preferred payment opportunity that he could
02:42:08 have, but in essence he did get the people in there that
02:42:12 would have qualified, is my understanding.
02:42:19 So probably the individuals, the 10 or 11 lots that were
02:42:24 sold, I would say maybe 60% of those folks were,
02:42:27 quote-unquote, would have been considered affordable by the
02:42:30 City of Tampa.
02:42:30 So I believe the substance of what we were trying to achieve
02:42:33 has been achieved, from those lots.
02:42:36 Now, again, completely different economy now, and trying to
02:42:40 do whatever we can to reinvigorate and get anything moving
02:42:44 again in that area.
02:42:45 >> Finally the reverter clause, I mean, these lots were
02:42:49 bought and paid for back in 2005, and that we would, you
02:42:55 know, be able to say we want the lots when --
02:43:02 >> Sometimes the city doesn't make a great landlord.
02:43:06 I would rather try to have the private sector do what they
02:43:09 do best.
02:43:10 And they did as you pointed out, they paid $297,000 for the
02:43:14 The appraised value at the time.
02:43:17 So they paid the appraised value, paid the clogs costs and
02:43:21 other rezonings, doc stamps, et cetera.
02:43:24 >>LISA MONTELIONE: Thank you.
02:43:26 I just wanted to bring that forward and have it out for
02:43:30 Thank you so much.
02:43:31 I'll move item number 72 for approval.
02:43:34 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,
02:43:36 second by Mr. Suarez.
02:43:37 All in favor of that motion?
02:43:40 The ayes have it unanimously.
02:43:42 We have one more, 76, was it?
02:43:45 >>LISA MONTELIONE: Yes, 76.
02:43:48 I also pulled for discussion.
02:43:51 And these are lots -- it's an easement that is being
02:43:59 purchased by us for $70,000.
02:44:07 The appraised value on this easement is $36,000.
02:44:13 It's just slightly more than double the appraised value.
02:44:19 And as I have said on many occasions that it would be
02:44:22 difficult for me to approve or vote to move forward on any
02:44:31 transaction that's going to be more than double the
02:44:34 appraised value of the property.
02:44:38 So I have I have discussed this with stormwater.
02:44:43 And I have also discussed it with real estate.
02:44:48 If it's council's message to the public, or it's my
02:44:51 message -- I am not going to speak for depending on how this
02:44:55 vote goes, I am not going to speak for anybody else, but
02:44:57 it's my message to the public that the City of Tampa is in
02:45:00 dire financial straits, we have a very limited budget, we
02:45:05 had a $36 million hole last time, that the mayor was able to
02:45:11 reduce to 6 million.
02:45:15 We have over $30 million perhaps hole this time.
02:45:20 And if any citizen is a property owner in the City of Tampa
02:45:24 would want to think that we have unlimited cash, we don't.
02:45:31 >>THOM SNELLING: We do not.
02:45:32 You are correct.
02:45:32 >>LISA MONTELIONE: And the more money we paper for
02:45:35 property, the less money we have to do things like other
02:45:38 storm waters improvements, like keeping parks open, like not
02:45:44 raising our fees for different services that we provide.
02:45:51 It's just my message that we all have to pull through this
02:45:58 >>THOM SNELLING: Just to address a couple of points.
02:46:02 Your point about the city and its financial situation is
02:46:05 well taken.
02:46:08 This situation, the other option is perhaps go actually out
02:46:12 into 30th street which would have been far more
02:46:16 disruptive to the neighborhood and the businesses located up
02:46:18 near that area.
02:46:19 And what we got to realign it and move it out into the
02:46:26 street and get away from the easement were between 300 and
02:46:29 $400,000 more than the actual project costs.
02:46:32 The other factor that really was kind of driving this
02:46:35 particular negotiation is that we have a grant from HUD --
02:46:42 I'm sorry, from SWFWMD for $800,000, and there's a time
02:46:46 limit on that, that we had to close, we had to move forward
02:46:50 with the project.
02:46:50 Otherwise, there may have been some danger in losing that
02:46:54 portion of the money, of that funding this project.
02:46:59 The other thing that the appraisal really did not consider
02:47:02 with the disruption of business, disruption of service to
02:47:05 the business that was effective to this, and by rough
02:47:08 calculation, they were thinking it was somewhere in the
02:47:12 neighborhood of about $30,000 of disruption of business as
02:47:16 they were going forward.
02:47:17 From those calculations, that really didn't get considered
02:47:20 in the actual appraisal, because that doesn't get compounded
02:47:25 in the appraisal of land value.
02:47:26 But that's how the number came up with and that's how the
02:47:29 owner established.
02:47:31 Initially, they wanted somewhere near $100,000 for it,
02:47:34 which, yeah.
02:47:35 And so we came back.
02:47:37 We countered and went back and forth and back and forth.
02:47:39 And then they dug in at that dollar value.
02:47:43 And then when you appraise it out it came back at 36,000 and
02:47:47 disruption of the business, it closed the gap in real value
02:47:51 about 352 or $53,000.
02:47:54 And that is when we decided to move forward, because the
02:47:56 other option would have potentially put the grant in some
02:48:01 jeopardy, as well as going into 30th street and avoiding
02:48:04 the easement altogether would have cost the city way more
02:48:07 money than the 25 or $30,000 in addition, the appraised
02:48:14 So that's kind of the reason how we got where we did.
02:48:16 >> Well, I have to say thank you for working that hard to
02:48:19 try and minimize the hit to our budget.
02:48:27 >>THOM SNELLING: You're welcome.
02:48:28 I'll answer other questions.
02:48:31 >>CHARLIE MIRANDA: I don't know who wants to move 76 if
02:48:33 >> I'll move it.
02:48:36 >>LISA MONTELIONE: Second.
02:48:37 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
02:48:39 Mrs. Capin on a close vote with Mr. Reddick on item number
02:48:42 76, page 15.
02:48:43 All in favor of that motion please indicate by saying aye.
02:48:46 Opposed nay.
02:48:47 Motion passes 5 to 1.
02:48:54 Okay, we go to transportation committee chair, Yvonne Yolie
02:49:01 >>YVONNE CAPIN: That would be me.
02:49:02 I have it right here.
02:49:06 Mr. Chairman, I move items 82 through 84.
02:49:09 >>FRANK REDDICK: Second.
02:49:17 >>CHARLIE MIRANDA: I have a second by Mr. Reddick and Mr.
02:49:22 I need a motion for items 85 through 88 for future hearings
02:49:26 for the dates stated on 85, 86, 87 and 88.
02:49:30 >> So moved.
02:49:32 >> Second.
02:49:33 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.
02:49:35 All in favor of the motion please indicate by saying Aye.
02:49:41 No, no. Ayes carry unanimously.
02:49:43 >>MARTIN SHELBY: If I may, council, I direct your attention
02:49:46 oh specifically to item number 88.
02:49:49 And the reason I'm doing that is because that has been
02:49:54 referred to previously, that location as Hollywood I nights.
02:50:00 That has been the subject of discussion prior to today.
02:50:05 I wish to point out to you that on May 17th at
02:50:09 10:30 a.m., you have set this public hearing to consider the
02:50:13 revocation of suspension of the sale of alcohol at that
02:50:17 By that you will be making a legal determination.
02:50:20 You will in effect be sitting as hearing officers.
02:50:22 Therefore, I am advising you, please, do not discuss this
02:50:29 from this point forward, and please treat this as you would
02:50:35 a very serious hearing, perhaps even beyond the subject of a
02:50:42 quasi-judicial, because, in effect, you will be making
02:50:47 findings that have legal significance.
02:50:50 You will be ruling, in effect, on evidence.
02:50:52 So, therefore, I would not like to have anything that would
02:50:55 taint your decision or open to a charge of bye bias by --
02:51:07 reading of the evidence.
02:51:08 It doesn't come back until May 17th.
02:51:11 Thank you.
02:51:12 >>CHARLIE MIRANDA: Thank you very much.
02:51:13 Ms. Capin.
02:51:14 >>YVONNE CAPIN: I want to be very clear that when this comes
02:51:17 up, of course, we are not to take into consideration none of
02:51:21 the heartaches that the neighborhood has gone through.
02:51:24 I understand that perfectly clear.
02:51:28 And only the legal ramifications.
02:51:30 Thank you.
02:51:35 >>CHARLIE MIRANDA: Thank you very much.
02:51:41 I'm trying to find my place here.
02:51:44 >> 103, Mr. Chair.
02:51:50 >>CHARLIE MIRANDA: 103.
02:52:00 We did it rather quickly, 85, 86, 87 and 88.
02:52:06 All right, 103.
02:52:08 >>GLORIA MOREDA: Land development.
02:52:10 I had asked Mr. Shelby to hand out the sheet for you.
02:52:14 It's a summary basically of how chapter 27, how Land
02:52:19 Development Coordination views it.
02:52:25 Right now the code does not have the term Internet cafe in
02:52:30 chapter 27.
02:52:36 Over the last year, the office has had questions in persons
02:52:41 interested in establishing these types of businesses.
02:52:43 Land development has used the "recreational commercial
02:52:51 facility commercial," and that use is permitted in the
02:52:54 following zoning districts.
02:52:59 OPOP 1, commercial district CG, CI, and industrial general.
02:53:06 The YC 1, 5, 6 and 7, both of the downtown districts, both
02:53:15 of the channel districts and this new Seminole Heights
02:53:18 districts, they would be allowed in Seminole Heights, CG and
02:53:20 CI districts.
02:53:22 The business tax office pulls records to show which Internet
02:53:27 cafes are listed as paying their business tax receipts and I
02:53:33 listed that for you.
02:53:34 There are only eight locations currently in the city that
02:53:37 they are aware of.
02:53:38 And I looked up the zoning district to show that they were
02:53:41 in the appropriately zoned district.
02:53:44 Ms. Cole now is going to deal with the other aspects of your
02:53:48 >>JULIA COLE: Legal department.
02:53:55 You had asked for the legal department to review these
02:54:01 electronic game promotions, simulated electronic gaming and
02:54:04 to report back on that issue and also potential for revenue
02:54:10 Before we get too far into it, I think it's important towns
02:54:13 what an electronic game promotion is, because that would
02:54:16 formulate the basis of your regulation.
02:54:18 What they generally do is they consist of sweepstakes type
02:54:22 games which are held through a computerized program
02:54:26 oftentimes simulating a slot machine, and the McDonald
02:54:31 sweepstakes or another kind of sweepstakes which are not
02:54:35 necessarily one requires to purchase anything, or, two,
02:54:38 there is some determination prior to the game moving forward
02:54:41 as to the odds of winning versus general gambling where the
02:54:46 odds of winning are based on a different process.
02:54:51 These types of gaming, to this point, are in line with
02:54:55 Florida statutes, meaning they are not considered illegal
02:54:59 There has been a lot of review on the part of many local
02:55:02 jurisdictions on this particular issue as to whether or not
02:55:07 these Internet based sweepstakes and businesses with
02:55:13 sweepstakes cafes go so far to have a gambling component to
02:55:19 it, and I haven't seen any prosecutions going forward on
02:55:21 that issue because it seems to be legal under Florida
02:55:25 So the question becomes one of what is it to do with regard
02:55:32 to these types of uses, as Gloria has said.
02:55:35 Right now our zoning code doesn't have the category for
02:55:38 They are allowed in certain zoning classifications as a
02:55:41 matter of right, and are treated as recreational type uses.
02:55:46 Many jurisdictions as I said have been going through this
02:55:48 exact issue.
02:55:49 They have been making a variety of different decisions on
02:55:51 the best way to approach the issue.
02:55:53 Florida legislature has also looked at this particular
02:55:56 issue, and there was some pending legislation in the state
02:56:02 through the last legislative session but nothing ultimately
02:56:04 did get adopted.
02:56:06 So at this point it's still within the jurisdiction of the
02:56:08 local governments to decide how they want to regulate it.
02:56:11 So pretty much what the options are is you could ban these
02:56:16 types of uses.
02:56:17 Many jurisdiction versus done that.
02:56:19 And as recently as last week, those bans have preliminarily
02:56:26 been upheld in the State of Florida.
02:56:27 Other states have actually not upheld those bans as being a
02:56:31 violation of first amendment.
02:56:32 And I think it is important to note that Hillsborough County
02:56:35 has put in place a ban on these types of uses, somewhere
02:56:42 last year, I think it was September, last year they did put
02:56:46 in place an ordinance banning any new types of Internet
02:56:50 sweepstakes type cafe usage.
02:56:53 You can have an Internet cafe, you can't JV the simulated
02:56:57 sweepstakes aspect to your use.
02:57:00 But that was only done in the unincorporated part of
02:57:02 Hillsborough County.
02:57:03 So the City of Tampa is free to move forward in whatever
02:57:06 manner they choose.
02:57:07 Other jurisdiction versus regulated them through their land
02:57:10 development regulations through some kind of special use.
02:57:15 And third, and I think a few jurisdictions going through
02:57:21 this, Jacksonville and Hialeah gardens, business regulations
02:57:26 to actually regulate the way these types of businesses
02:57:28 operate, not dissimilar to what we did with pain management
02:57:33 clinics and done have some other types of businesses.
02:57:36 Now, part of the question that was posed relates to revenue
02:57:39 stream, and can you create a revenue stream?
02:57:42 The first question really has to be what do we want to do to
02:57:45 regulate it?
02:57:46 Because how we regulate it dictates what type of fees or
02:57:51 costs we can go forward in association with these kinds of
02:57:55 Whenever you go forward with any kind of fee, permit fee,
02:57:59 et cetera, you have Constitutional limitations as to how
02:58:03 those fees can be used, then you can look at it in terms of
02:58:07 a tax, and you have Constitutional limits on how you handle
02:58:12 a tax.
02:58:13 But I thought before we go that far we really did need to
02:58:16 have direction from City Council as to how you want to
02:58:19 handle these, whether it is do nothing, whether -- and keep
02:58:23 the status quo, which is what Gloria had described, what's
02:58:27 in your Land Development Code today, do you want to regulate
02:58:30 it from a land development regulation perspective, do you
02:58:33 want to regulate it from a business operation perspective,
02:58:36 or do you want to move forward with some kind of ban or
02:58:41 other kind of restriction on their use?
02:58:45 I think it's also important to note that at the same time
02:58:47 that Hillsborough County was going forward with their
02:58:49 decision to ban, they had also discussed the opportunity to
02:58:52 do a moratoria, and they actually took those two items up
02:58:56 They ultimately did adopt a ban in place.
02:59:03 That's certainly an option for council, if they want the
02:59:07 legal department to take a look at the process for a
02:59:09 moratoria, but that is a little more of a complicated
02:59:13 process because of the nature of the way the city regulates
02:59:18 the types of uses in the sense that they don't regulate them
02:59:21 at all.
02:59:21 So it might require us to put some language in our code in
02:59:24 order to be able to create a moratoria on this kind of use.
02:59:29 I'm available for any questions.
02:59:31 I have had an opportunity to look at many jurisdictions.
02:59:34 I have had tried -- I have tried to reach out total city of
02:59:38 Hialeah gardens on this issue.
02:59:40 I haven't had an opportunity to hear from them but I think
02:59:43 this is a particularly hot topic all over the State of
02:59:45 Thank you.
02:59:46 >>CHARLIE MIRANDA: Thank you.
02:59:47 Mr. Reddick.
02:59:47 >>FRANK REDDICK: Thank you, Ms. Cole, what is the main
02:59:53 opposition to these cafes from the public?
02:59:59 >>JULIA COLE: I have to be Frank with you.
03:00:02 I haven't necessarily heard any positive or negative
03:00:05 information from members of the public on this issue within
03:00:07 the City of Tampa.
03:00:08 I did have an opportunity to review the transcript as
03:00:12 Hillsborough County was going forward with their decision on
03:00:15 their ban, and you had the types of objections that you
03:00:23 typically hear for gambling, location of gambling, or
03:00:26 location of alcohol meaning people have a concern that these
03:00:30 will cause negative impacts in the community, they have a
03:00:32 concern they will cause a negative impact on a neighborhood,
03:00:35 and they have just a general concern with, you know, uses
03:00:41 being negative, that they take advantage of people of lower
03:00:48 That would simply from reading the transcript from
03:00:51 Hillsborough County.
03:00:51 I have not received one phone call.
03:00:53 I don't know if you all have, or any person coming to me
03:00:57 directly suggesting that they have a feeling about this
03:01:02 particular issue one way or the other.
03:01:04 I also would ask if Ms. Moreda has any knowledge of any
03:01:09 complaints of the ones we have permitted.
03:01:12 And I hadn't heard -- typically, those kinds of complaints
03:01:15 will first go to zoning and then the legal department.
03:01:18 So we haven't heard any complaints on these particular uses
03:01:21 to date.
03:01:22 >>FRANK REDDICK: Let me ask you, are most of these
03:01:25 places -- they look like they are located in storefronts.
03:01:33 Based on addresses and where they are located.
03:01:38 Do they sell beer and wine or alcohol in any of these
03:01:41 establishments, do you know?
03:01:45 >>JULIA COLE: I don't specifically know.
03:01:47 There is nothing in your code which specifically prohibits
03:01:50 one of these uses to come forward and make a request for an
03:01:54 alcohol beverage special use permit for that particular
03:01:57 location, which would have to be reviewed as I think an S-2.
03:02:05 I think it has to come as an S-2.
03:02:08 I don't think it would be one of these exempt uses that
03:02:10 could go administratively.
03:02:11 I believe they would have to come to City Council as an S-2
03:02:14 public hearing.
03:02:17 And I don't really recall that any have come through.
03:02:19 There may be some coming through that I can't answer.
03:02:22 But there is nothing that would prohibit one of these
03:02:25 establishments from making a request.
03:02:27 >>MIKE SUAREZ: Ms. Cole, in terms of -- do we have anything
03:02:39 in our own ordinances that deal with gambling per se?
03:02:42 >> We do not.
03:02:43 >>MIKE SUAREZ: Does the state have a statute concerning
03:02:47 >>JULIA COLE: Yes.
03:02:47 The state prohibits gambling under the definition of
03:02:52 gambling except in those instances where it has been allowed
03:02:55 through the compact or through pari-mutuels have certain
03:03:00 rights to have gambling.
03:03:01 But other than that --
03:03:02 >> My point is that there are always restrictions based on
03:03:06 the type of gambling.
03:03:07 So when we used to have, and we still have, we used to have
03:03:14 Seminole bingo and it was a physical activity where you were
03:03:18 there putting down the numbers.
03:03:19 Then when they went to slots, the slots themselves were
03:03:22 based on a bingo game.
03:03:23 And in fact the algorithm or whatever they used within the
03:03:27 computerized system was based on bingo.
03:03:32 Now, this apparently is an algorithm or computer program
03:03:37 based on a sweepstakes type game which is allowed under
03:03:42 state laws, correct?
03:03:44 >>JULIA COLE: That's correct.
03:03:47 >>MIKE SUAREZ: In terms of regulating the particular
03:03:49 location based on whether or not we believe it's gambling,
03:03:52 we can't do because there is no state law in force.
03:03:55 >>JULIA COLE: We wouldn't consider it gambling because the
03:03:57 gambling aspect of this would be considered illegal.
03:04:00 What we would do is you could regulate this particular type
03:04:04 of use.
03:04:05 >>MIKE SUAREZ: Let me rephrase that then.
03:04:08 It's still a game of chance in some way that is not
03:04:10 necessarily at the height of gambling.
03:04:14 For example, McDonald has different types of scratch-off and
03:04:17 things like that that are not considered gambling,
03:04:20 obviously, or else we wouldn't be able to sell these things
03:04:24 in the city or even the state.
03:04:25 So there are some there that fit directly in.
03:04:33 In these types of cafes, is there an exchange of money for
03:04:36 actually participating in a game after a certain period,
03:04:40 meaning if they, quote-unquote, win the sweepstakes, that is
03:04:45 being presented to them on a video screen, is there an
03:04:48 exchange of money for that?
03:04:50 Is there a transaction?
03:04:52 >>JULIA COLE: The way I understand it works, you go into
03:04:55 one of these particular cafes, you purchase a card or you
03:04:59 purchase something that allows to you go to one of the
03:05:01 computer screens, and then basically play the sweepstakes.
03:05:06 The sweepstakes shows up on the computer screen in a manner
03:05:10 that looks similar to slot machines, and then would give you
03:05:17 some information back as to whether or not you won
03:05:20 And if it is an amount of money, I understand you could then
03:05:24 take that in some kind of credit, and then you go over to
03:05:31 somebody who works there and "here is what I have won, can I
03:05:36 please have my winning?
03:05:40 "and I expect many times those are monetary as opposed to a
03:05:45 stuffed animal.
03:05:46 >> And again, we limit our gambling based on certain things,
03:05:50 lottery, there are the other legal casinos down in south
03:05:54 Florida, the Indian tribes have their legal gambling.
03:06:03 Can we write an ordinance to say, you know, call a duck a
03:06:07 duck, that what you are doing is essentially gambling, and
03:06:11 allow us to be legal because there is no Florida statute
03:06:17 against this currently?
03:06:22 >>JULIA COLE: What you can do is draft an ordinance based
03:06:24 upon the nature of this use which under Florida statute
03:06:26 would not be considered gambling, and either ban it and say
03:06:30 it is not legal within the City of Tampa to do this type of
03:06:34 sweepstakes game, showing up on a computer screen in the
03:06:37 manner that I just described.
03:06:39 You can regulate it either through your land development
03:06:44 regulations or through business operating permit or some
03:06:46 combination of those two items, or we could just do nothing
03:06:52 and administratively determine this is in the nature of an
03:06:55 entertainment use similar to an arcade, or other kind of
03:07:00 Internet cafe that doesn't include the sweepstakes games,
03:07:04 and we would just do nothing.
03:07:05 But you wouldn't call it gambling, because under Florida
03:07:09 statutes, it is not construed --
03:07:12 >> You can't go past the definition itself that the state
03:07:16 I understand.
03:07:17 >>JULIA COLE: And that's what other jurisdictions have
03:07:19 essentially done is created through local jurisdiction a
03:07:22 definition of this type of gaming, I'll call it, which I
03:07:27 described, which is in line with Florida statutes, that then
03:07:32 allows you through local jurisdiction to regulate it or ban
03:07:36 it within that area as opposed to being on a statewide
03:07:39 >> Right.
03:07:40 And the only reason I was asking, we could call it lots of
03:07:43 different things.
03:07:44 There's a more general definition that's in my head that I
03:07:47 can't use for Florida statute purposes, but when we are
03:07:51 talking about an exchange of money, by virtue of something
03:07:55 that you have done on a computer screen that is from the
03:08:00 reasonable person standard says it is a game of chance, I
03:08:04 don't know how that can't be considered gambling.
03:08:07 Of course, you know, I'm not a state legislator, thank God,
03:08:11 so we have to kind of work within those parameters.
03:08:14 In terms of -- one more question.
03:08:17 I apologize.
03:08:18 In terms of how to regulate something like this, I think you
03:08:22 said that you have looked at other jurisdictions, but
03:08:26 there's nothing -- and maybe I miss. This I don't think you
03:08:30 said that there was any regulation in terms of a revenue
03:08:34 stream or a fee some of kind for this type of activity.
03:08:39 Am I correct?
03:08:41 >>JULIA COLE: We charge a permit fee, or some other kind of
03:08:48 regulatory fee like we do with pain management clinics,
03:08:52 which involves a different level of enforcement, because
03:08:54 what you are doing is saying certain operating standards and
03:08:58 as a result of those operating standards, the city has to
03:09:01 have more opportunity to review what you are doing.
03:09:06 The question of whether or not you can charge a distinct
03:09:09 revenue stream is a much more complicated question than it
03:09:13 sounds like because you have to be very cognizant of what
03:09:15 goes from a fee to a tax under a Constitutional, what
03:09:21 municipalities have a Constitutional right to charge folks.
03:09:23 And so before I go head strong into that particular issue, I
03:09:29 really need to have a better understanding as to how City
03:09:32 Council wants to look at this issue.
03:09:33 And I am not going to tell that you we can charge some kind
03:09:36 of large fee kind of like what they do --
03:09:41 >>MIKE SUAREZ: The question was, you haven't seen any in
03:09:43 other jurisdictions that do this currently?
03:09:46 >>JULIA COLE: I haven't seen -- Duval county or
03:09:49 Jacksonville, they do charge enough of a fee, and -- I don't
03:09:57 know how else to site but straddles that line.
03:10:01 I would need to look and see where that line goes.
03:10:04 And I don't know how much further we can take it.
03:10:08 The way the ordinance is drafted, they did do something much
03:10:12 more similar to like what I would consider a franchise.
03:10:15 They have a limited number of permits that they grant.
03:10:19 They have location where is they are granted.
03:10:21 They charge per machine.
03:10:22 So it is a little bit less like we did with pain management
03:10:29 clinic and a little more towards that concept, how much
03:10:32 further you can take it to create a very significant amount
03:10:34 of revenue, that I don't know.
03:10:36 >> Okay, thank you.
03:10:39 >>CHARLIE MIRANDA: Any other council members?
03:10:40 Ms. Capin.
03:10:42 >>YVONNE CAPIN: Thank you.
03:10:44 This is very interesting.
03:11:00 The state legislature in 2011 and 2010 sessions, both times,
03:11:04 they would have to ban McDonald's sweepstakes, they would
03:11:07 have to ban every kind of sweepstakes if they were to do
03:11:10 They have left it up to the municipalities to decide how
03:11:13 they want to deal with this.
03:11:21 One of the reasons some municipalities are looking at this
03:11:24 more strongly is to regulate it.
03:11:28 And some of the municipalities have had issues, because they
03:11:31 did not, and they had a lot of problem.
03:11:37 That's when I first saw this, as you know, I contacted you,
03:11:41 it came out of Sunday's paper, on Monday morning we were
03:11:44 talking because I thought we are a large city.
03:11:49 We could set the standard for the State of Florida.
03:11:56 And I think we have an opportunity now to do that, with
03:11:59 regulation, with specific specifying locations but that
03:12:06 takes a lot of research and maybe a task force, maybe
03:12:09 something like.
03:12:09 That I'm not sure.
03:12:10 But I would like to also look at, if possible, to place -- I
03:12:19 think that was part of my motion, was to look at a
03:12:25 moratorium while we plan or look at regulating these.
03:12:31 And it's all under regulation, the location, the size,
03:12:37 everything is involved in there.
03:12:39 And it can be done.
03:12:41 It's just a lot of work.
03:12:42 Do we want to do it?
03:12:46 That is a question for my fellow council members.
03:12:52 But I would like to look at it.
03:12:53 I would like to look further into it.
03:12:55 I know that some states have -- the Supreme Court has
03:13:05 rescinded, that it is a first amendment right, and I would
03:13:11 imagine they are looking to the municipalities for guidance,
03:13:19 and I think our city is a leader in the state, and we can
03:13:23 really be able to set the standards for the rest of the
03:13:34 Now, when people tell me, well, they might be more in poor
03:13:38 areas, maybe the rent is cheaper there.
03:13:41 Secondly, there is lotto in every 7-Eleven and in every gas
03:13:48 station in this state, whether they are poor or rich areas,
03:13:52 or it doesn't matter.
03:13:53 It doesn't matter to the state where they sell lotto.
03:13:57 You can't compare one.
03:14:01 This by definition is not gambling.
03:14:04 I never played it.
03:14:05 I don't know.
03:14:06 As a matter of fact, I had my first visit with our new
03:14:12 neighbors here in downtown this week, and they have -- one
03:14:15 of the things that one of the municipalities was looking at
03:14:19 was size, the size of a location.
03:14:24 The place of the location.
03:14:25 They were looking at hotels that had 150 rooms or more.
03:14:35 Very specific as to where they could be and how they could
03:14:38 be operated.
03:14:39 And they kept them from opening in every little corner with
03:14:43 three or four, or in the back of a coffee shop, with three
03:14:47 or four machines.
03:14:52 Is what they kept them from doing N.that sense, you are
03:14:55 regulating maybe, you know, a handful, or a little bit more
03:15:01 in the city, if we specify where they can be, what size they
03:15:06 can be, we can make regulated anyway, you know, we want,
03:15:13 basically, because there is no -- there is nothing that we
03:15:17 have now on our books.
03:15:22 So to speak.
03:15:24 So I'm in favor of a moratorium so that we can study this.
03:15:34 I know we have -- is this eight locations in the City of
03:15:37 Tampa right now?
03:15:40 And keep them from right now getting out of our control.
03:15:45 We have an opportunity to control the situation without
03:15:49 necessarily banning it.
03:15:55 So I would like to make that motion to -- unless someone has
03:16:02 more to speak on a moratorium for -- and to actually study
03:16:22 >>MIKE SUAREZ: I have a question for the legal department.
03:16:24 I'm not sure we can do a moratorium if all we are doing is
03:16:28 zone correctly and everything else.
03:16:29 That was a question I wanted to ask. Can we do a
03:16:31 moratorium, on new ones coming up?
03:16:35 >>JULIA COLE: Legal department.
03:16:36 Generally, Florida law allows very limited moratoria for the
03:16:40 purposes of going through the study period so that you can
03:16:44 look at adopting new regulations.
03:16:47 If you do something for too long if you do something which
03:16:51 is outside the scope waive just described, you can
03:16:54 potentially get nurse some legal trouble.
03:16:56 This is also something that as a result of what we have on
03:17:00 our books right now will likely obligate us to create a land
03:17:05 development regulation with that, or at least some kind of
03:17:08 definition, so it's something that to get a moratoria on the
03:17:14 books correctly, and that's one of the ordinances that you
03:17:17 really don't want to cut corners on, would you likely have
03:17:20 to take that to the Planning Commission first so scheduling
03:17:26 that can take some time, but it's very limited for a purpose
03:17:29 of studying a particular issue those types of moratoria have
03:17:36 been upheld, but telling a business they can't move forward
03:17:42 with something, Tallahassee legal risk associated with that.
03:17:45 I would probably have to go look at Hillsborough County to
03:17:48 find out what their basis for their moratoria, because they
03:17:52 did have one pending in Hillsborough County.
03:17:54 They chose not to adopt.
03:17:55 They chose to just go into the ban.
03:17:58 But if City Council wants me to look at it, we can go ahead.
03:18:01 I can get back on a motion by council to bring back a report
03:18:06 on that particular issue.
03:18:07 >>MIKE SUAREZ: I would second that.
03:18:10 >>LISA MONTELIONE: My question, Mrs. Cole, you said you
03:18:15 don't want to go on too long with a moratoria.
03:18:18 So I'm getting ready to suggest that we workshop this so it
03:18:23 gives us all time to talk about this issue, learn more about
03:18:27 it, find out how some of our constituents might feel about
03:18:31 it and that sort of thing.
03:18:33 But how long would be too long on a proposed moratorium
03:18:39 until we could have this workshop?
03:18:41 >>JULIA COLE: One of those things you not when you see it
03:18:47 but when I was involved many years ago, I think we limited
03:18:51 it to six months to go through a study period.
03:18:53 We did have to extend that at least once.
03:18:56 We did not receive any litigation as a result of that
03:18:59 particular moratoria and if a batement more in line of what
03:19:07 we would be talking about, a short period of time in which
03:19:10 we kind of take a breather, we stop things for a little
03:19:14 while, and then with the thought that we would continue to
03:19:17 allow something in the future, and we did not receive any
03:19:21 I think in total it turned out to be about ten months.
03:19:26 But I would recommend starting at like a six-month abatement
03:19:29 to start W.
03:19:30 >>LISA MONTELIONE: The reason I asked that is because we
03:19:32 have availability on the June calendar because we only have
03:19:38 one workshop set for that, and that's what we set this
03:19:41 morning on Kiley Gardens.
03:19:44 July, we don't have a workshop scheduled.
03:19:52 August, we don't have a workshop scheduled for August.
03:19:56 Either we are looking at June or looking at September.
03:19:59 The other thing I want to keep in mind for council when we
03:20:03 set this is that our staff is overburdened, I think, right
03:20:09 now, especially the zoning staff with everything that's
03:20:11 going on, and our legal staff.
03:20:15 Zones because of different projects, the challenge grant,
03:20:18 Seminole Heights, code, and in between that there's going to
03:20:22 be Planning Commission text amendments that come up.
03:20:25 They have got a full plate.
03:20:26 Legal has got a full plate because of the RNC that's coming
03:20:30 So my tendency would be, we all have aides.
03:20:36 I don't not if we put abatement you mentioned in place until
03:20:42 September, if September is acceptable to set that workshop.
03:20:45 But that's what I would suggest.
03:20:47 I'm looking at September 20th at 9:00 a.m.
03:20:53 >>YVONNE CAPIN: Yes, that's a workshop.
03:20:54 I didn't even -- that's fine for the workshop.
03:20:58 In the meantime, I would like to see legal move on this and
03:21:05 bring forth to us -- again you said you looked at different
03:21:12 Do we need to tell what you we want you to look to do?
03:21:17 >>JULIA COLE: I think I'm confused.
03:21:19 St. Request of council, to workshop this so that we can make
03:21:23 some decisions about the type of regulation we want to
03:21:26 And then make a decision on doing an abatement at that time?
03:21:34 I guess I would need more information from council what they
03:21:37 want from the legal department for now.
03:21:40 And then if we set this for September, certainly we give
03:21:44 adequate time to outline some potential regulation.
03:21:49 Again, I think in terms of the regulations from an
03:21:55 operational standpoint, I think I have got some good models
03:21:59 for it write think more work may need to be done is on the
03:22:02 Land Development Code side of it.
03:22:04 If City Council wants to do both, regulate the operation of
03:22:08 these types of businesses, and limit the location of that
03:22:12 kind of business.
03:22:12 If you are limiting the location, that needs to be done
03:22:15 through a land development regulation.
03:22:16 If you want to regulate the way these operate, that's
03:22:21 through our business permit process.
03:22:22 >>MIKE SUAREZ: Please correct me if I am wrong.
03:22:29 When you made the original motion, I think it was to do the
03:22:32 moratorium so we could come back with what the next steps
03:22:35 would be.
03:22:36 >>LISA MONTELIONE: The abatement.
03:22:49 >>YVONNE CAPIN: That was after the fact.
03:22:50 >>JULIA COLE: I just like the term --
03:22:55 >>YVONNE CAPIN: Yes.
03:23:00 It was to look at this, and give us time to come back with
03:23:06 do we want to go forward?
03:23:07 How do we want to regulate?
03:23:09 Where do we want these places, if we want these places.
03:23:14 So that would be --
03:23:17 >>JULIA COLE: I want to make Clearwater I don't think I can
03:23:19 bring you an abatement ordinance in two weeks.
03:23:21 That's what I was trying to say, that given the nature of
03:23:24 what we would be doing, it would have to be treated in the
03:23:27 same manner as a land development regulation.
03:23:30 Therefore, I will need to be able to schedule time in front
03:23:34 of the Planning Commission.
03:23:38 >>YVONNE CAPIN: Just real quick.
03:23:39 I had a motion on the table.
03:23:40 I did have a motion.
03:23:41 And that was to -- and I said moratorium.
03:23:45 Correct that to abatement.
03:23:46 If you need 90 days, that would work.
03:23:52 And I believe one of the council members was ready to second
03:23:57 So I want to just go forward with that motion.
03:24:02 And it would be 90 days to come back with --
03:24:14 >> Which would be July.
03:24:21 I believe the first meeting would be July 19th.
03:24:23 >>JULIA COLE: Can I ask as part of that motion that you
03:24:27 also include that you are requesting the legal department
03:24:28 to, if necessary, bring that ordinance to the Planning
03:24:32 Commission so I don't have to come back here, make that
03:24:35 request, to get it --
03:24:39 >>YVONNE CAPIN: That's exactly.
03:24:40 So please bring it to the Planning Commission so that it
03:24:43 will come back.
03:24:44 You don't have to come back before us to ask that.
03:24:49 That is right.
03:24:51 July 19th to return to us.
03:24:54 >>CHARLIE MIRANDA: Who seconded that motion?
03:24:55 >>MIKE SUAREZ: I did, sir.
03:24:56 >>CHARLIE MIRANDA: Let me speak to the motion, then we'll
03:24:58 take a vote.
03:24:59 I understand and appreciate all the time that council
03:25:02 members have spent on this issue, and those in the legal
03:25:05 department and so forth.
03:25:06 I am not going to support anything that has to do with
03:25:09 additional gambling.
03:25:10 Call it whatever you want to call it.
03:25:12 This is a way around, going around the department of
03:25:15 business and professional regulations so they are
03:25:19 This is a way of doing things, you play against a machine, I
03:25:23 guess, and the odds are not given to you.
03:25:27 I have never been in one location but I don't think it says
03:25:30 the odds in winning something are one in 40.
03:25:33 It's nothing more than an ATM machine, eight locations right
03:25:39 now, that you don't need a card to get into.
03:25:42 I am not going support additional gambling in the City of
03:25:46 So we have a motion by Ms. Capin, seconded by Mr. Suarez.
03:25:50 All in favor of the motion?
03:25:52 Opposed nay?
03:25:54 >>JULIA COLE: Can I make one statement for purposes of the
03:25:59 And there may be some gentlemen here asking me this question
03:26:02 so I want to say it to council so I can say the same thing
03:26:04 to them.
03:26:05 Legally, when do you these kinds of abatement, moratoria
03:26:08 type ordinance, it is only for businesses going forward.
03:26:12 Existing establishments, we will have them operate in a
03:26:16 manner consistent with current law.
03:26:18 I just want to make that very clear for the record.
03:26:21 >>CHARLIE MIRANDA: Thank you very much.
03:26:25 We go to 104.
03:26:39 >>THOM SNELLING: Planning development.
03:26:41 Item 104 is part of our NSP program.
03:26:49 We referenced that quickly this morning.
03:26:50 The program started in 2005.
03:26:52 And this is the NSP 3 period.
03:26:56 For this project it went through an RFP process.
03:26:59 This group mental health center was selected as our partner
03:27:03 in this.
03:27:04 We have partnered with mental health center on a number of
03:27:06 very successful projects in the past.
03:27:08 Some of you were at the Maraposa grand opening.
03:27:14 Some at Carlton arms.
03:27:16 They have a very good track record working with the city.
03:27:18 They have gone through the regular process.
03:27:20 This particular positive project is located down on Bayshore
03:27:24 It's for 25 units, foreclosed and abandoned, foreclosed
03:27:29 property, and I think currently there's seven or eight units
03:27:32 in there that are vacant.
03:27:35 As we go through the process doing a complete rehab, and
03:27:38 then occupy it in the affordable housing unit.
03:27:41 25% of those units will have to be set aside for people that
03:27:44 are making 50% or less of the area median income.
03:27:49 The remainder units have to be 120% or less of their median
03:27:53 income, and that's what this project will do. Its location
03:27:55 puts it in a position that it will probably be full at all
03:28:02 It's a very nice location actually.
03:28:03 And it does help to go to the outages. As long as I have
03:28:06 been around with housing, to not concentrate all of your
03:28:09 affordable housing in one spot. This really does share the
03:28:12 wealth, so to speak.
03:28:13 It's a very good location.
03:28:17 Again, one of the differences in this program I would like
03:28:21 to point out than previous items is the net income operating
03:28:24 in the past of some of our other NSP projects, the city
03:28:27 hasn't gotten back some of the net operating income but in
03:28:30 this one, in years one through five, the city will get 100
03:28:33 percent of the net operating income.
03:28:35 And then after years six through 20, we'll get 80%, 20%
03:28:41 going back to mental health centers so they can operate
03:28:44 their program in a fashion that they have done very well for
03:28:46 a long period of time.
03:28:50 That's really all I have.
03:28:52 Mental health centers have been good partners for a number
03:28:55 of years with us.
03:28:56 I'm here seeking your approval.
03:28:57 >>LISA MONTELIONE: Thank you so much.
03:29:00 I'm really excited about this project, because as many know,
03:29:05 I spoke at the homeless coalition fund-raiser and mental
03:29:09 health care, was there as one of the partner agencies of the
03:29:15 homeless coalition, and I think we all have met with members
03:29:19 of the homeless coalition as well as members of HUD when
03:29:23 they were here not long ago, embarking on housing programs
03:29:27 and housing first, and this is low income housing.
03:29:34 And is desperately in need especially takes economy
03:29:40 continues to be in poor shape.
03:29:43 So I'm really excited.
03:29:46 They do great work.
03:29:48 Both the folks who are partnering with mental health care to
03:29:54 actually do this project.
03:29:56 They do fine work.
03:29:57 So thank you, Thom.
03:30:00 I move item 104.
03:30:02 >>FRANK REDDICK: Second.
03:30:04 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.
03:30:06 Reddick, item 104-6789 all in favor of the motion?
03:30:09 The ayes have it unanimously.
03:30:12 >>THOM SNELLING: Council, thank you.
03:30:13 >>CHARLIE MIRANDA: Thank you.
03:30:14 Any other items that I might have missed?
03:30:17 I don't think so.
03:30:19 All right.
03:30:19 Information reports and new business.
03:30:22 Members, we'll go from left to right.
03:30:24 >>LISA MONTELIONE: My first order of business is, I think
03:30:36 I'm the workshop queen today, is to set a workshop for May
03:30:43 24th at 9:00 a.m., I believe.
03:30:47 Let's see, May 24th.
03:30:50 I'm sorry, we have one at nine.
03:30:52 We have one at ten.
03:30:54 So that's text amendment day.
03:30:59 I'm looking at setting it for 11 a.m.
03:31:03 Is that agreeable?
03:31:05 For sustainability and environmental policy, I would like to
03:31:09 invite Thom Snelling who just existed the room to deliver
03:31:13 the annual sustainability report that is required of our
03:31:19 city's green officer to present that report at that
03:31:23 workshop, C.J. Reynolds, to come and give a report on the
03:31:27 Coastal City Summit which is taking place in St. Petersburg.
03:31:32 It is upcoming in the next couple of weeks.
03:31:37 Janet Harrison from Ecosolutions.
03:31:40 Tonja Brickhouse from our solid waste division.
03:31:44 To report on suggestions and proposals for reducing their
03:31:49 greenhouse gas emissions.
03:31:52 And Miller Matthews who is a senior VP of waste integration.
03:32:01 So the 24th at 11 a.m., if that's acceptable, as the
03:32:06 date and time to the clerk.
03:32:10 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,
03:32:12 second by Mr. Suarez.
03:32:13 Further discussion?
03:32:13 All in favor of the motion please indicate by saying aye.
03:32:17 Opposed nay.
03:32:18 The ayes have it.
03:32:19 Anything else?
03:32:20 >>LISA MONTELIONE: Yes.
03:32:26 I want to state for the record, I was asked to do this by, I
03:32:30 believe, the clerk's office that the University of South
03:32:37 Florida student government association reached out to our
03:32:40 office as few weeks ago about having council members
03:32:43 participate in a panel discussion with members of the USF
03:32:47 My office has coordinated the date and time of the meeting
03:32:50 which will be held on Tuesday, April 17th, 2012, from
03:32:54 5:30 to 7:00 p.m. at the Marshall student center in room
03:33:00 That's 3711 on USF campus.
03:33:03 Topics that are planned to be discussed are jobs, economic
03:33:08 development, keeping talent in Tampa, and how to get
03:33:11 involved with local government.
03:33:12 My office has submitted an official public notice to the
03:33:15 clerk's office, and will be on hand at the forum to ensure
03:33:18 that we are in compliance with sunshine law.
03:33:22 And I was asked to find out if other council members would
03:33:26 be planning on attending this forum with students at USF.
03:33:31 >>MIKE SUAREZ: I have been invited, have already accepted.
03:33:37 I will be there, too.
03:33:39 Thank you for doing that and handling that.
03:33:40 >>CHARLIE MIRANDA: Anything else?
03:33:43 >>HARRY COHEN: I am not sure that I am going to be able to
03:33:45 My brother is having a baby on the 16th.
03:33:51 >>CHARLIE MIRANDA: Your brother is everything a baby?
03:33:56 [ Laughter ]
03:34:08 >>LISA MONTELIONE: I was going to ask if people would be in
03:34:14 attendance at USF for the student forum.
03:34:19 So we will then proceed with the public notice, and thank
03:34:22 you very much.
03:34:24 >>CHARLIE MIRANDA: Mr. Cohen?
03:34:26 >>HARRY COHEN: Thank you, Mr. Chair.
03:34:29 I hope I can get through this quickly.
03:34:32 I have four items.
03:34:34 The first is that I would like to make a motion that we send
03:34:38 a letter under the chair's signature to the Hillsborough
03:34:41 County Board of County Commissioners urging them to find a
03:34:47 way to, if at all possible, preserve the Friendship
03:34:51 Trailbridge across Tampa Bay.
03:34:53 You may have noticed last night that they gave a 30-day
03:34:57 extension on that topic in order to see if there was a way
03:35:01 to preserve the existing bridge.
03:35:07 I think this is just a wonderful recreational amenity, that
03:35:11 if it is at all possible to reopen works certainly be in the
03:35:14 best interest of the citizens of Tampa and also surrounding
03:35:19 So I would like to --
03:35:22 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.
03:35:23 I have got five seconds.
03:35:35 I will go to Capin on that one.
03:35:36 All in favor of that motion indicate by saying aye.
03:35:39 Opposed nay.
03:35:40 The ayes have it unanimously.
03:35:41 >>HARRY COHEN: Also, I would like to ask that the Tampa
03:35:45 City Council write a letter to the Hillsborough County
03:35:49 metropolitan planning organization for transportation,
03:35:52 commending their vote to urge the Florida State legislature
03:35:56 to allow municipalities with over 150,000 people to have
03:36:04 transportation, referendums, and referendums on additional
03:36:08 sales taxes, to be used for transportation.
03:36:11 This past week, we had a very, very passionate discussion at
03:36:14 the MPO.
03:36:15 All three City Council members were on the MPO really spoke
03:36:21 very, very eloquently and passionately for the idea that a
03:36:27 city the size of Tampa ought to be able to go forward with
03:36:30 its own referendum if the surrounding county is not amenable
03:36:37 for transportation so I would like to motion that we commend
03:36:40 the MPO for that vote and urge them to communicate our
03:36:43 support for this type of a measure to the Florida
03:36:46 >>LISA MONTELIONE: May I offer a friendly amendment?
03:36:50 I would like to recognize a citizen who is a volunteer board
03:36:56 member of the livable roadways committee, Mr. Pierre
03:37:02 Melthourne initially brought this to our livable roadways
03:37:06 committee for discussion.
03:37:07 And I think this goes to show what the power of a citizen
03:37:11 volunteer on a board can do.
03:37:16 So Mr. Melthourne brought this, and he's a very dedicated
03:37:23 volunteer, and I would like to include him, if I may, in
03:37:30 >>CHARLIE MIRANDA: Motion by Mr. Cohen.
03:37:31 I have a second by Mrs. Montelione.
03:37:34 All in favor of that motion please indicate by saying aye.
03:37:38 Opposed nay.
03:37:39 The ayes have it unanimously.
03:37:40 >>HARRY COHEN: Number 3, it has been brought to my
03:37:43 attention by congresswoman Castor's office as well as by
03:37:48 stories that have been in the news media that there is an
03:37:51 impasse right now in the U.S. Congress between the Senate
03:37:54 and the house regarding federal funding for transportation,
03:37:58 and at the moment, the transportation bill in the house is
03:38:02 completely stalled, but in the Senate there is a
03:38:05 transportation bill that actually provides federal dollars
03:38:08 for local municipalities use for transportation.
03:38:12 If the house were to pass the Senate bill, there might
03:38:15 actually be some federal transportation money that would be
03:38:20 If the house's stalemated position continues, it will be
03:38:24 until next year that there's even a chance of having any
03:38:27 federal money at all for any mass transit programs.
03:38:30 So I would like to ask again that council send a letter to
03:38:34 the MPO of Hillsborough County urging them to take a stand
03:38:38 in asking the U.S. House of Representatives to incorporate
03:38:42 the Senate's bill, pass the Senate's bill and send
03:38:46 transportation money down to local governments.
03:38:48 >>MIKE SUAREZ: I'll second that, to maybe send it to our
03:38:54 congressional delegation in the state and our legislative
03:38:56 delegation, too.
03:38:58 Just to make sure that they understand how important this
03:39:01 Thank you.
03:39:02 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a
03:39:04 second by Mr. Suarez.
03:39:05 All in favor of the motion indicate by saying aye.
03:39:09 Opposed nay.
03:39:09 The ayes have it unanimously.
03:39:11 >>HARRY COHEN: Finally, last item.
03:39:12 As we have been discussion different temporary ordinances
03:39:16 that might need to be passed for the Republican national
03:39:21 convention, I wanted to bring up one that I think is going
03:39:24 to require some discussion and some advance planning, and I
03:39:29 wanted to bring it up now so we could calendar it and start
03:39:32 talking about it, a and this is the issue of allowing bars
03:39:37 in neighborhoods in certain proximity to the convention site
03:39:40 to stay open later hours on just the Monday, Tuesday,
03:39:45 Wednesday and Thursday night of the week of the Republican
03:39:48 national convention, limited to just those four nights.
03:39:51 And I was going to ask that the legal department come back
03:39:53 to us on May 3rd at 10 a.m. under staff reports, and
03:39:59 bring us a first reading of an ordinance that might allow
03:40:04 for this type of a temporary measure to take place.
03:40:07 It would allow us to give plenty of notice to the
03:40:09 neighborhoods and the various different stakeholders
03:40:12 I will tell that you I myself attended the 2004 democratic
03:40:17 convention in Boston, and we got out about 11:30, 12:00 at
03:40:23 night and everything was closed and there was nowhere to go
03:40:25 to eat.
03:40:26 And if you think about the way that the conventions work,
03:40:29 the most active time for the delegates is between 10:00 and
03:40:32 11:00 at night when all the prime time stations are
03:40:36 broadcasting live what's going on at the convention.
03:40:39 So it's not unrealistic to believe that people are going to
03:40:42 be getting out and wandering to go get something to eat as
03:40:45 late as beginning at midnight or 12:30.
03:40:47 >>MIKE SUAREZ: Second.
03:40:50 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr.
03:40:52 All in favor of the motion please indicate by saying aye.
03:40:55 Opposed, nay.
03:40:57 Motion passes 5 to 1.
03:40:59 All right.
03:41:00 Mr. Reddick.
03:41:01 >>FRANK REDDICK: Mr. Chair, I just have one, and that is
03:41:09 Kathryn Jones recently retired at a specialist on March
03:41:16 I'm requesting a commendation to recognize her years of
03:41:20 service with the City of Tampa, present to the her and her
03:41:22 family the 26th of 2012.
03:41:25 >>MIKE SUAREZ: Second.
03:41:26 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
03:41:28 Mr. Suarez.
03:41:29 Further discussion?
03:41:30 All in favor of the motion indicate by saying aye.
03:41:32 Opposed nay.
03:41:33 The ayes have it unanimously.
03:41:35 That's it?
03:41:37 >> That's it.
03:41:38 >>CHARLIE MIRANDA: You're a great guy.
03:41:39 Ms. Capin.
03:41:41 >>YVONNE CAPIN: I have one divided into three.
03:41:43 >>CHARLIE MIRANDA: Let's move it quickly before it's six.
03:41:46 [ Laughter ]
03:41:48 >>YVONNE CAPIN: I would like to correct a motion that I made
03:41:54 back on March 22nd, and that was pertaining to a letter to
03:41:58 the governor about stand your ground, and apparently there
03:42:02 was an issue, I pulled the transcript, not the minutes, the
03:42:15 The motion was to repeal in the letter to ask the governor
03:42:21 and the attorney general to repeal.
03:42:24 I would like to make a new motion, and the motion is to --
03:42:30 in the form of a resolution, that is to the governor and the
03:42:35 attorney general, to reconsider and repeal the stand your
03:42:39 ground law in the State of Florida.
03:42:46 >>HARRY COHEN: Is the reason you are asking for a
03:42:49 resolution, because that's stronger an letter? Is that why
03:42:53 you want to do that the way?
03:42:55 >>YVONNE CAPIN: Yes.
03:42:55 Thank you.
03:42:58 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, a second
03:43:00 by Mrs. Montelione.
03:43:01 All in favor of the motion?
03:43:04 The ayes have it unanimously.
03:43:08 >>YVONNE CAPIN: Secondly -- oh, this is important -- we
03:43:11 never vote on the workshop for the Internet cafe.
03:43:17 >>LISA MONTELIONE: I wasn't sure if you wanted to workshop
03:43:26 it or hear the abatement first and then set the workshop
03:43:29 after we hear from legal on the abatement.
03:43:32 >>YVONNE CAPIN: Well, I believe it will be helpful for legal
03:43:34 to also have a workshop scheduled in order to -- when they
03:43:40 go before the Planning Commission.
03:43:44 They are coming with an ordinance on July 16, and we are
03:43:47 going to workshop in September.
03:43:49 >>LISA MONTELIONE: September?
03:43:52 So the motion then that I was making earlier, I will make
03:43:56 now then, for council to have a workshop on September
03:44:03 20th at 9:00 a.m. regarding the operation of Internet
03:44:14 cafes for Gloria Moreda or Cathy Coyle and Mr. Snelling,
03:44:23 representatives of our planning and zoning development
03:44:27 division to come report on how the Internet cafes could be
03:44:30 written into our zoning regulations and also business, Jake
03:44:37 Slater to come talk about the business regulations of it
03:44:40 pertaining to Internet cafes.
03:44:42 >> Second.
03:44:47 >>CHARLIE MIRANDA: We have a motion, I guess, by Mrs.
03:44:49 Montelione, seconded by Mrs. Capin on that motion.
03:44:53 I'm not going to support the motion because I think it's all
03:44:55 illegal, and putting a tax on it doesn't make it legal.
03:45:00 That's just my view and my opinion.
03:45:02 All in favor of the motion please indicate by saying aye.
03:45:04 Opposed nay.
03:45:05 The ayes have it 5 to 1.
03:45:09 >>YVONNE CAPIN: Lastly, I just want to say a couple of
03:45:13 We lost Bill Sharp this week, and I would like to recognize
03:45:19 his contribution to our community.
03:45:22 Although we only met two years ago during that time I grew
03:45:26 to respect and admire him both personally and
03:45:31 professionally, and I just -- admire him both professionally
03:45:38 and personally, and I felt he wanted to do right by Tampa,
03:45:42 and I will miss him.
03:45:43 >>CHARLIE MIRANDA: Thank you very much, Mrs. Capin.
03:45:44 Mr. Suarez.
03:45:45 >>MIKE SUAREZ: Thank you, chair.
03:45:46 I have two things.
03:45:47 First, I would like to direct the legal department to come
03:45:51 back with a report concerning synthetic drugs that we have
03:45:57 talked about in the past that are packaged and targeted
03:46:01 towards children.
03:46:03 K-2, I think, and some of the others that would be called, I
03:46:06 guess, incense and other things.
03:46:10 To come back with a report in terms of, A, the state law and
03:46:15 what they have said about it in the last legislative
03:46:19 session, and B, what we may be able to do in order to
03:46:22 regulate the sales in our communities.
03:46:29 Do we have it already scheduled?
03:46:31 >> I think so.
03:46:32 >>MIKE SUAREZ: I didn't see it on there.
03:46:34 Maybe I missed it.
03:46:37 I must have missed that.
03:46:39 I apologize for that.
03:46:40 >>LISA MONTELIONE: Well, it's nice to know we are erring on
03:46:51 >>CHARLIE MIRANDA: Anything else?
03:46:52 >>MIKE SUAREZ: Yes.
03:46:53 It was touched on earlier today.
03:46:54 We heard a lot of discussion G today about rights, and about
03:46:57 where we are as a city, and fascism, and Draconianism,
03:47:03 Orwellianism, and yesterday was the 44th anniversary of
03:47:07 when Martin Luther King was killed, and there is no doubt in
03:47:12 my mind that this city and this town and these people that
03:47:15 serve you on the City Council are nowhere near -- and it was
03:47:20 described today that Jane Castor was Bull Connor.
03:47:24 There's no way in this good earth that anyone here is
03:47:30 anywhere near what they did to folks back in the 60s and
03:47:33 the 50s, and I want in this holiday season and Passover and
03:47:40 Easter that rights are very important to us, they are very
03:47:43 important in terms of the people that have passed away and
03:47:46 were killed fighting for rights, that we do not take it
03:47:49 lightly, and we do take it very seriously in our
03:47:52 responsibilities here.
03:47:53 I think it was eloquently said by all of us today but I want
03:47:56 to reiterate that and remind people that that's what we are
03:47:59 here for, and that's what we are trying to solve.
03:48:01 Thank you, chair.
03:48:03 >>CHARLIE MIRANDA: Thank you very much.
03:48:03 Mr. Reddick, I believe you had a motion you wanted to make
03:48:06 at the end of the meeting.
03:48:07 >>LISA MONTELIONE: And I just realized something before we
03:48:12 >>FRANK REDDICK: Thank you, Mr. Chair.
03:48:15 Earlier I had made a motion that we have a workshop on April
03:48:21 26th to discuss rotating of the chairmanship and vice
03:48:27 >>THE CLERK: Mr. Reddick that motion was already adopted
03:48:31 this morning.
03:48:31 >>FRANK REDDICK: It was?
03:48:38 >>CHARLIE MIRANDA: I don't think I voted on it because I
03:48:40 asked Mr. Reddick to hold off until the end of the meeting,
03:48:42 if I lost my mind.
03:48:43 >>THE CLERK: The motion was made by Reddick, seconded by
03:48:46 Montelione, to have the rules discussed at the workshop at
03:48:54 9:00 on April --
03:48:55 >>CHARLIE MIRANDA: I am not going to debate the clerk's
03:48:58 office with the record.
03:49:00 I think I asked Mr. Reddick to hold till tend of the
03:49:03 >>LISA MONTELIONE: By offered a friendly amendment so it
03:49:06 wasn't just to talk about the rotating chair but also chair
03:49:09 pro tem, or vice chair as well.
03:49:13 I don't know that -- I thought we voted on it.
03:49:15 >> The vote was unanimous.
03:49:19 >> I will ask Mr. Reddick to make the motion.
03:49:27 Doesn't kill anything, doesn't cost any money.
03:49:29 >>FRANK REDDICK: All right.
03:49:32 Thank you, chair.
03:49:33 I will move that we set the April 26th workshop, time at
03:49:40 9:00 a.m., if possible, to discuss rotating the chairman and
03:49:45 vice chairmanship.
03:49:45 >> Second.
03:49:50 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by
03:49:52 Mrs. Montelione.
03:49:53 Further discussion by council members?
03:49:54 All in favor of the motion please indicate by saying aye.
03:49:58 Opposed nay.
03:49:58 The ayes have it unanimously.
03:50:00 >>FRANK REDDICK: Mr. Snelling is requesting up to five
03:50:06 minutes on May 24, 2012, City Council workshop, to provide
03:50:11 council with a briefing on the annual sustainability report.
03:50:14 >>LISA MONTELIONE: I have already included that.
03:50:19 When I set the workshop for May 24?
03:50:23 >> I'm sorry, I apologize.
03:50:24 >> I didn't realize.
03:50:26 >>CHARLIE MIRANDA: All right.
03:50:26 Anything else?
03:50:27 >>LISA MONTELIONE: Yes.
03:50:28 The one thing I did notice when I flipped the page to
03:50:30 September for Internet cafe workshop, I noticed that the
03:50:36 workshop for drafting an ordinance regarding the use of
03:50:40 cameras and subsequent to the Republican national
03:50:43 convention, that I had made previously, there is an unknown
03:50:48 time there.
03:50:49 So if the clerk's office wishes to us set a time certain for
03:50:53 that workshop, I can go ahead and do that now, and since we
03:50:58 set Internet cafes at 9 a.m., if we would set the cameras
03:51:04 that we bought as a result of the RNC to be set at 10 a.m.?
03:51:11 >> Second.
03:51:11 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,
03:51:13 second by Mr. Suarez.
03:51:15 Discussion on the motion?
03:51:16 All in favor?
03:51:17 The ayes have it unanimously.
03:51:19 Anything else?
03:51:20 Motion to receive and file?
03:51:24 >> Motion to receive and file are? Motion by Mr. Reddick,
03:51:27 second by Mr. Suarez.
03:51:29 All in favor?
03:51:30 The ayes have it general.
03:51:31 General public comments at this time.
03:51:32 Anyone in the audience care to speak?
03:51:34 Three minutes.
03:51:42 (City Council meeting adjourned at 3:52 p.m.)
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