TAMPA CITY COUNCIL
Thursday, April 19, 2012
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09:09:23 >>CHARLIE MIRANDA: City Council is called to order.
09:09:24 The chair yield to Mary Mulhern for the invocation,
09:09:27 presentation on behalf of Ms. Montelione who is stuck in
09:09:31 traffic this morning.
09:09:32 >>MARY MULHERN: Thank you, Mr. Chair.
09:09:37 This morning I would like to welcome someone who really
09:09:39 needs no introduction as he has been to council several
09:09:42 times to give invocations and to speak on issues of
09:09:46 Pastor Thomas Cassandra began the organization for
09:09:54 transitional and homeless veterans, and he serves on the
09:10:00 Board of Directors for mission Tampa and outreach of
09:10:02 Seminole Heights Baptist church.
09:10:04 He also received the City of Tampa heroes of the year award
09:10:08 from Bank of America for his work.
09:10:09 Over the last 35 years he has used all of his experience and
09:10:13 his ministry and crisis counseling.
09:10:15 Pastor Tom, welcome again and thank you for joining us this
09:10:18 morning to give our invocation.
09:10:21 Please stand for the invocation and remain standing for the
09:10:24 pledge of allegiance.
09:10:25 >> Heavenly father, we thank you for another day of
09:10:35 opportunity to work in your service.
09:10:37 We ask for your guidance today, to be wise servants of your
09:10:40 time and the resources that you have given us to serve our
09:10:45 We ask that you give us wisdom to make the right decisions
09:10:48 today and the courage to carry those decisions to their
09:10:53 We thank you for your guidance and the protection that you
09:10:56 have given us to carry on with your work, your humble
09:11:02 We thank you in your precious name.
09:11:04 [ Pledge of Allegiance ]
09:11:22 >>CHARLIE MIRANDA: Roll call.
09:11:25 >>MIKE SUAREZ: Here.
09:11:28 >>FRANK REDDICK: Here.
09:11:30 >>MARY MULHERN: Here.
09:11:31 >>HARRY COHEN: Here.
09:11:34 >>CHARLIE MIRANDA: Here.
09:11:40 >>CHARLIE MIRANDA: We need to make some adoptions of the
09:11:42 workshop that was held March 22nd and the one held on April
09:11:45 5th, and adoption of the minutes.
09:11:49 I do hear that motion?
09:11:50 >> So moved.
09:11:51 >> Motion by Mr. Suarez, second by Mr. Reddick.
09:11:53 All in favor of that motion?
09:11:56 The ayes have it unanimously.
09:11:59 All right.
09:12:00 We are going to do the first ceremonial number one, and then
09:12:06 we are going to go for the addendum, and then when we talk
09:12:11 about the a been dumb itself, we are going to go to new
09:12:15 business, and for the police person over here can go back to
09:12:19 work, we'll do number one, and then we'll do number six at
09:12:24 the same time.
09:12:24 All right.
09:12:26 Item number 1 is a presentation, Mr. Shelby did a
09:12:32 I believe Mr. Cohen is going to make that presentation.
09:12:34 Thank you, Mr. Shelby forks nice work on the wording on
09:12:38 those resolutions.
09:12:43 >>HARRY COHEN: It's my great, great pleasure to present a
09:12:52 resolution to Shirley Foxx-Knowles, the clerk of the City of
09:12:56 Tampa and her entire staff, who I believe are all with us
09:12:59 this morning.
09:13:11 I would like to say a few words because I think it's very
09:13:15 important about the role of the clerk.
09:13:16 This is a resolution declaring April 29th through May
09:13:19 5th as municipal clerk's week in the City of Tampa, and
09:13:22 further extending City Council's appreciation to the office
09:13:26 of the city clerk for its outstanding staff and the vital
09:13:29 services they perform for the City of Tampa and on City
09:13:33 Council's behalf, providing an effective date.
09:13:36 Whereas the office of the municipal clerk, a time-honored
09:13:39 and vital part of government, is the oldest among public
09:13:43 servants and exists throughout the world, whereas the office
09:13:46 of the municipal clerk provides the professional link
09:13:50 between the citizens, the local governing bodies and
09:13:53 agencies of government at other levels, serving as the
09:13:56 information center on functions of local government and
09:13:59 community, and whereas municipal clerks have pledged to be
09:14:03 ever-mindful of their neutrality and impartiality rendering
09:14:07 equal service to all, and whereas municipal clerks
09:14:10 continually strive to improve the administration of the
09:14:13 affairs of the office of the municipal clerk through
09:14:16 participation in education programs, seminars, workshops,
09:14:20 and the annual meetings of their state, province, county,
09:14:24 international and professional organizations, and whereas
09:14:26 the international institute of municipal clerks has
09:14:30 designated April 29 through May 5, 2012, takes 43rd
09:14:36 annual municipal clerk's week to increase the public's
09:14:39 awareness of municipal clerks and the vital service they
09:14:43 provide for local governments and the community, and whereas
09:14:45 it is most appropriate that we recognize the important role
09:14:49 and contribution of the office of the city clerk of the City
09:14:52 of Tampa.
09:14:53 Thank you very much.
09:14:56 [ Applause ]
09:14:58 >>SHIRLEY FOXX-KNOWLES: Good morning, council.
09:15:04 Thank you very much for this honor.
09:15:06 On behalf of myself and my wonderful staff, including the
09:15:11 archives and records division, I want you to know that it is
09:15:15 our pleasure, our honor to be of service to you and our
09:15:20 wonderful citizens.
09:15:21 Thank you again.
09:15:23 >>CHARLIE MIRANDA: Thank you very much.
09:15:23 On behalf of the council, I just want to say -- maybe
09:15:26 council members would also like to express, no government,
09:15:31 including this one, can be so well served without support of
09:15:35 individuals like yourself and your staff who do an
09:15:38 outstanding job, and multitude of people come to your office
09:15:43 with everything from direction because they are lost as they
09:15:46 come out of the elevator, to anything else that's so
09:15:49 important in the archives, and the things that you do there
09:15:51 to make this government function as well as it does.
09:15:54 And we are very appreciative of what you do and what all
09:15:57 your staff does.
09:15:58 I'm very happy to see you all get recognized.
09:16:02 Thank you very much.
09:16:03 Ms. Mulhern.
09:16:04 >>MARY MULHERN: I just wanted to say thank you for all the
09:16:07 incredible support and help that you give to us on council.
09:16:10 It's also a pleasure seeing whoever is sitting here helping
09:16:14 us during our meetings, and anytime we need anything from
09:16:17 you, it's always just a pleasure to deal with you.
09:16:20 So thank you for your patience with us and for all the hard
09:16:26 work that you all do.
09:16:27 >>SHIRLEY FOXX-KNOWLES: Thank you very much.
09:16:31 >>CHARLIE MIRANDA: Thank you very much.
09:16:32 [ Applause ]
09:16:32 All right.
09:16:45 We will need the clerk's assistance on the approval of the
09:16:48 agenda and the addendum.
09:16:50 Also at the same time -- we'll do it separately. The
09:16:54 addenda first and then the agenda.
09:16:55 Anything on the agenda that's supposed to be withdrawn?
09:16:58 Or changed?
09:17:02 >> Item number 59 which is notated cannot be heard, no
09:17:06 notice of affidavit was found.
09:17:07 And we do need a motion to adopt the resolution that was
09:17:10 just presented.
09:17:11 >> So moved.
09:17:14 >> Second.
09:17:15 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.
09:17:17 All in favor of the motion?
09:17:19 The ayes have it unanimously.
09:17:26 Items on the agenda that are not going to be heard this
09:17:28 morning other than number 59?
09:17:30 I believe there was --
09:17:32 >>THE CLERK: I believe item 43 is a request to continue it
09:17:35 to May 3rd, the ordinance on the RNC.
09:17:44 >>CHARLIE MIRANDA: 43.
09:17:45 >>THE CLERK: You have a substitution marked on the agenda
09:17:48 for item 27.
09:17:49 And item 5.
09:17:52 And there is a substitute ordinance or reso to correct a
09:18:00 dollar amount.
09:18:02 >>CHARLIE MIRANDA: See how important you are?
09:18:06 [ Laughter ]
09:18:08 >>THE CLERK: I believe that covers just about everything.
09:18:10 The others were just receiving the ordinances for the wet
09:18:13 zonings that are reflected on the agenda.
09:18:15 And other staff reports.
09:18:19 We have several memorandums that are responsive to the items
09:18:24 on the agenda.
09:18:25 And on the addendum, we do have the two new businesses.
09:18:32 And on item 48, and a reso for that item to be adopted.
09:18:38 And then item 57, various documents to be filed.
09:18:45 And item 27 being substituted.
09:18:52 >>CHARLIE MIRANDA: Before we continue, I see a lost young
09:18:54 people and before I turn the mike over to Mr. Suarez, I
09:19:01 think I see the individual leading, this a teacher, is
09:19:05 well-known to me and to people that I know.
09:19:12 Let me tell you what happened there.
09:19:14 They blame me for losing the game to the Cubans when the guy
09:19:17 hit the home run, but it was her father that caused the
09:19:22 [ Laughter ]
09:19:23 So put it where they wanted it and it still goes over the
09:19:29 A great guy, a great family.
09:19:31 Mr. Suarez, you can take it from there.
09:19:33 >>MIKE SUAREZ: Thank you.
09:19:34 I didn't know about the history you had with Stepheni
09:19:44 I'm a very good friend of her husband, Mario Espinoza, and
09:19:48 we want to welcome the seventh grade class from Villa
09:19:51 Madona, a very long serving institution here in the City of
09:19:56 We want to welcome the first half of the seventh grade.
09:19:59 The other half is in the Mascotte room downstairs.
09:20:02 I think we had about 77 students that are visiting us today.
09:20:06 So it's good to see students.
09:20:08 It's really good to see an entire class from the school come
09:20:11 and visit us.
09:20:12 And we welcome you and hope that as hard as it may be, I
09:20:17 hope you learn a little something about city government
09:20:19 while you sit here.
09:20:20 So I know that some of the things you are not going to
09:20:22 understand, but believe me, there are a lot of people in
09:20:24 this room that don't understand what's going on in
09:20:26 government some days.
09:20:27 So welcome.
09:20:28 And we appreciate you being here.
09:20:31 And thank you, Ms. Espinoza for being here.
09:20:34 I'm sorry about your father's bad pitch calling, but then
09:20:38 again somebody may not have put it right where they said
09:20:41 they D.but thank you for being here.
09:20:44 >>CHARLIE MIRANDA: Thank you very much.
09:20:45 I hope those that do not understand what's going on is not
09:20:48 on this side of the dais.
09:20:50 We go from there.
09:20:52 Counselor, on item 59 that is a public hearing at 10:30.
09:20:56 Can we take that out or do we have to wait till 10:30?
09:21:00 >>MARTIN SHELBY: You can do that now.
09:21:04 >>CHARLIE MIRANDA: I need items 43 and 59 pulled from the
09:21:07 agenda as the clerk requested 43 is going to be heard on May
09:21:13 So anyone here for 43rd, it will be heard May 3rd,
09:21:18 and 59 that will be determined when they schedule it because
09:21:20 there was no affidavit filed.
09:21:23 >>THE CLERK: Item 59, I believe Steve Mick Linsey here to
09:21:26 request another hearing date.
09:21:29 >>CHARLIE MIRANDA: Then if Mr. Michelini is here and he
09:21:32 wants to come out now, he can.
09:21:33 But 43.
09:21:34 >>MARTIN SHELBY: I'm sorry to interrupt, but item 43 is a
09:21:41 request for continue answer and that is a public hearing set
09:21:44 for 9:30.
09:21:45 >>THE CLERK: Set for staff report going for first reading.
09:21:51 >>MARTIN SHELBY: I thought I saw 9:30. My mistake.
09:21:59 >>CHARLIE MIRANDA: No problem.
09:21:59 There's no mistakes here, just errors.
09:22:05 And then we get to 27.
09:22:14 >>MARY MULHERN: On the agenda it says 9:30. Item number 43
09:22:17 it says 9:30 a.m. time certain staff reports.
09:22:22 >>CHARLIE MIRANDA: We are not doing it whether it's now or
09:22:23 9:30, but we'll wait till 9:30.
09:22:28 I asked the one on 59 which was at 10:30 and he said fine.
09:22:31 So in my math at Jefferson high school I figured 10:30 was
09:22:35 all right, so was 9:30.
09:22:37 >>MARTIN SHELBY: The distinction is one is being removed
09:22:40 from the agenda because it could not be heard.
09:22:41 This one is set, but you are correct, it is set for a first
09:22:45 reading consideration.
09:22:46 It is not set for a public hearing.
09:22:47 Therefore, if you do wish to do it now, even though it is
09:22:51 set for 9:30 time certain, I believe that was because the
09:22:55 motion as made was set for 9:30 instead of 10.
09:23:01 But legally, if council wishes, I don't believe it will be a
09:23:04 >>MARY MULHERN: I move to continue item 43 until May
09:23:12 >>CHARLIE MIRANDA: Motion and second for 43 to May 3rd,
09:23:16 second by Mr. Suarez.
09:23:17 Any discussion?
09:23:18 All in favor?
09:23:20 The ayes have it unanimously.
09:23:21 >>MARTIN SHELBY: And it will be set for the 10:00 staff
09:23:25 Thank you.
09:23:26 >>CHARLIE MIRANDA: Along with that at 10:00.
09:23:36 So number 59.
09:23:42 Ms. Capin.
09:23:44 >>YVONNE CAPIN: I'll move to remove it from the agenda.
09:23:46 Item number 59.
09:23:47 Is that what we are doing?
09:23:50 >>THE CLERK: Mr. Michelini is supposed to be here to
09:23:53 request the hearing date.
09:23:54 >>CHARLIE MIRANDA: Let's just hold it and we'll get that
09:23:56 when we get to it.
09:23:58 All right.
09:23:59 Does that clear the agenda?
09:24:06 >>THE CLERK: Substitutions for the reso.
09:24:10 >>CHARLIE MIRANDA: I need a motion.
09:24:12 By Mr. Reddick, second by Mr. Cohen.
09:24:15 All in favor of that?
09:24:17 The ayes have it unanimously.
09:24:19 >>THE CLERK: And those will be grouped under committee
09:24:22 >>CHARLIE MIRANDA: Yes.
09:24:23 And then on the addendum, we need to do that to reflect what
09:24:28 was said earlier by the clerk.
09:24:31 New business, new business, to approve the addendum.
09:24:36 Motion by Mr. Cohen, second by Mr. Suarez.
09:24:38 All in favor of the motion?
09:24:40 The ayes have it unanimously.
09:24:42 We go now to public comments on any item that's on the
09:24:47 agenda that has not been put off to another day.
09:24:52 And those that are on the agenda first, you speak on those
09:24:58 You need a number so we are all on the same page and we'll
09:25:00 go from there.
09:25:02 And then if there's time, we speak to items that are not on
09:25:05 the agenda.
09:25:07 >> I was here to address item 43.
09:25:16 I didn't think to call in ahead of time, because last week
09:25:19 when I confirmed that was on the agenda, until I got to the
09:25:22 steps of the City Council building, and I realized there's
09:25:26 not a whole lot of news people, nor a whole lot of
09:25:29 protestors, so something may be amiss.
09:25:33 >>CHARLIE MIRANDA: Well, it's not going to be heard today.
09:25:35 It will be heard May 3rd.
09:25:36 >> So can I give my one --
09:25:40 >> It's not going to do any consequence.
09:25:42 Ms. Mulhern.
09:25:43 >>MARY MULHERN: I believe it was on the agenda when they
09:25:46 came here so at the very least since it's no longer on the
09:25:49 agenda as of a few minutes ago, you should be able to speak
09:25:54 off the agenda on the item.
09:25:57 Or if she's not going to speak on what she thought was on
09:26:00 the agenda, she should be able to speak.
09:26:05 Anyone can speak during public comment.
09:26:07 >> Right.
09:26:09 It will be at the end of the meeting.
09:26:10 >> The entire meeting?
09:26:13 >>CHARLIE MIRANDA: At the end of the council meeting.
09:26:14 >>MARY MULHERN: That is not our normal procedure Mr.
09:26:18 Shelby, could you give us some advice on this?
09:26:20 Normally people speak on agenda items first at the beginning
09:26:23 of the meeting and then they speak to any item that is not
09:26:27 on the agenda.
09:26:28 >> So I could take time at the end?
09:26:32 >>CHARLIE MIRANDA: We are not everything a discussion with
09:26:34 We are asking our attorney.
09:26:35 I'm sorry.
09:26:36 One second.
09:26:37 Let's see what happens here.
09:26:37 >>MARTIN SHELBY: Normally what happens is preference is
09:26:41 given to items that are on the agenda, as Chairman Miranda
09:26:45 has said, and if there's any time remaining, then that is
09:26:48 given to items that are off the agenda.
09:26:50 Specifically, though, rule 4-K does say the chair shall
09:26:53 decide all procedure and order and the decision shall stand
09:26:57 unless reversed by a majority vote of the entire council.
09:26:59 >>MARY MULHERN: In my five years here, every single
09:27:06 meeting, people -- so you are saying, though, public comment
09:27:11 is open to off-agenda items if time is allowed?
09:27:16 Under our regular rules?
09:27:18 >>MARTIN SHELBY: If I can, to see if I can have just a
09:27:26 Rule 3-B-5 says 30 minutes shall be allotted for public
09:27:34 comment with each person permitted to speak on matters not
09:27:36 scheduled for public hearing.
09:27:38 Preference shall be given to speakers wishing to address
09:27:41 numbered items on the agenda.
09:27:43 Those speakers remaining after the allotted time shall have
09:27:46 the opportunity to address council at the end of the
09:27:48 >>MARY MULHERN: Okay.
09:27:54 I would think, Mr. Chair, that anyone wishing to speak, this
09:27:59 is your decision, that's off the agenda could go to the back
09:28:03 of the line.
09:28:04 >>CHARLIE MIRANDA: Well, let me say this.
09:28:08 In the past, just about every council meeting, we have more
09:28:11 than 30 of speakers.
09:28:14 That's when I decided that those that are on the agenda
09:28:18 first speak on items on the agenda.
09:28:19 If there's enough time, I don't mind taking a minute or so,
09:28:23 but what happens, we fall behind in the beginning, and then
09:28:26 no one set for 9:30, 10:00, 10:30 have a chance to listen to
09:28:33 the causes they came for at the time we prescribed it so we
09:28:36 are either going to adhere or not adhere.
09:28:38 Let me just play this by ear and see where it goes, and at
09:28:41 the end of the 30 minutes, if we have time, if there's a
09:28:47 minute each, or 30 second, and six speakers is 30 second
09:28:51 each if there's three minutes.
09:28:52 But go on.
09:28:53 Next please.
09:28:53 >>> My name is Donny rode, 412 Madison street here in
09:29:01 reference to item number 46.
09:29:03 Item number 46 deals with a possible comprehensive homeless
09:29:11 initiative that you have asked for several forms of feedback
09:29:15 They are numbered 1 through 4 in the agenda.
09:29:18 This item has been on the agenda in the past, and for at
09:29:21 least the last two months there's been no report at all from
09:29:25 the administration through Mr. Snelling over in the planning
09:29:30 and development services area.
09:29:33 It's real disappointing to sit through these meetings and
09:29:35 know that the county commission has taken some steps to work
09:29:38 on this issue, and that you folks have done nothing,
09:29:42 especially in relation to the fourth item there which says
09:29:46 that council should come back with its own ideas.
09:29:50 The last time I was here, and Mr. Snelling sent a letter,
09:29:54 mailed in his saying that he had nothing to say, you folks
09:29:59 barely uttered a word.
09:30:01 You disposed of the item and went straight on to the next.
09:30:04 Not one single word of discussion on this.
09:30:06 I would like to you know that -- can I use the light bright
09:30:11 here for just a moment, Mr. Chairman?
09:30:17 >>CHARLIE MIRANDA: You are at the podium.
09:30:18 You don't need me to say what to use tore --
09:30:21 >> I didn't think so.
09:30:22 >>CHARLIE MIRANDA: I understand that, and I appreciate.
09:30:26 >> Thank you.
09:30:26 What I just put on the overhead is the list of about 12
09:30:31 people who list that their whereabouts as homeless or
09:30:36 general delivery, their phone numbers in most instances is
09:30:40 none, who are within a few moments of this building day
09:30:43 after day after day after day.
09:30:47 In regards to that, I would like to ask that since the
09:30:50 county took a little bit of action on this thing, and all I
09:30:53 have right now is the article that appeared on Tampa Bay
09:30:57 online, understanding that it's your policy to believe
09:31:01 sometimes, Mr. Chairman, that the press does not report
09:31:06 I agree with.
09:31:07 That however, since that's all I have got to go on at the
09:31:10 moment, I would like council to consider pointing one of its
09:31:13 own members, or somebody from the public who you trust to
09:31:19 possibly ask the commission to a member -- the county
09:31:22 commission -- to be a member of the commission or the task
09:31:24 force that they are going to assemble to deal with this
09:31:29 since the City of Tampa comprise as huge portion of
09:31:32 Hillsborough County and a large number of homeless people
09:31:34 live in this area.
09:31:35 (Bell sounds)
09:31:36 Again, taking no action at all merely because the mayor says
09:31:40 that you are basically an alcohol and zoning board, a booze
09:31:44 board, more or less, is not a reason to go to sleep on this.
09:31:49 Please take this back into active consideration.
09:31:51 Thank you.
09:31:52 >>CHARLIE MIRANDA: Thank you very much.
09:31:53 Next, please.
09:31:54 >> I want to speak on two items.
09:31:59 Item 44 and item 45.
09:32:02 Item 44 is the regulation, the sale of artificial drugs.
09:32:07 We have a gas station in our neighborhood that sales based
09:32:11 on a regular basis.
09:32:12 We have spoken with the managers.
09:32:14 They shrug their shoulder and say we don't sell anything
09:32:17 illegal, which is true.
09:32:19 Whatever you can do to regulate this, we strongly encourage
09:32:23 you to do so.
09:32:24 If there's anything that we can do to assist, we have got
09:32:27 tons of people in our neighborhood that would be more than
09:32:29 willing to assist you in any way possible.
09:32:32 Item 43 is the fertilizer ban.
09:32:36 It's not really a fertilizer ban but you know what I am
09:32:39 talking about.
09:32:40 I live three blocks from the Hillsborough River.
09:32:43 When it rains really hard on trash days and my trash bin has
09:32:46 been emptied already and the rains come, my trash bin ends
09:32:50 up six inches from the Hillsborough River.
09:32:52 Do not for a moment believe that whatever I put out there
09:32:55 doesn't end up in the Hillsborough River when it rains hard,
09:32:58 and that includes fertilizer, trash, recycle bins, trash
09:33:04 barrels, anything that isn't bolted down.
09:33:07 Please do not back off of this ban.
09:33:09 I was very proud of the fact you did it in the first place,
09:33:11 and I would like you to keep me proud of you.
09:33:14 Thank you.
09:33:16 >>CHARLIE MIRANDA: Thank you very much.
09:33:16 Next, please.
09:33:17 >> I'm Becky Clark.
09:33:19 5139 south Nichols street in Tampa.
09:33:22 I'm also serving as the president of Tampa Preservation
09:33:27 I'm here to speak on item 27.
09:33:29 It's nice to be able to come to council and speak with a
09:33:34 positive preservation-related activity.
09:33:36 So often I'm here singing the blues or crying or whatever.
09:33:40 I would like to encourage you all to support the lease
09:33:43 agreement with the hotel developers for the old county --
09:33:49 old federal courthouse.
09:33:51 Thank you.
09:33:51 >>CHARLIE MIRANDA: Thank you very much.
09:33:53 Next, please.
09:33:53 >> My name is Jarrett Hamill with the coalition of the March
09:34:00 on the RNC.
09:34:02 We were here with several other people to say the clean zone
09:34:06 is a repressive law --
09:34:08 >>CHARLIE MIRANDA: Is that on the agenda?
09:34:10 I don't not if that's on the agenda right now or not.
09:34:12 >>CHARLIE MIRANDA: I mean it's public comment.
09:34:14 >>CHARLIE MIRANDA: Well, I am going to go to the line and
09:34:17 ask -- I said that very clearly at the beginning.
09:34:20 I have nothing for you or against you but those that have
09:34:22 something on the agenda speak first.
09:34:25 And we'll come back to you.
09:34:27 Next, please.
09:34:28 >> My name is Christopher -- and I'm a homeless man.
09:34:37 And what I would like to talk to you today about is the
09:34:43 homeless --
09:34:44 >>CHARLIE MIRANDA: I need the item that you are going to
09:34:45 speak to.
09:34:46 >> 46.
09:34:48 >>CHARLIE MIRANDA: 46.
09:34:49 >> And I would like to talk about laws and rules being told
09:35:00 to the Tampa Police Department and others that aren't rules
09:35:03 at all, laws or amendments.
09:35:07 It's how we are being arrested, we are being thrown in.
09:35:10 and then a judge turns around and dismisses it.
09:35:16 He dismisses it because there's no rule or law or amendment
09:35:19 to which to judge me on.
09:35:21 So lately, I have been telling officers that when they come
09:35:26 up, and they say how we are not allowed to do things or be
09:35:31 up on the sidewalk because we are an obstruction, or that we
09:35:35 can't go to Curtis Hixon park or any other park and lay on
09:35:38 the grass because we are taking a position of rest, that
09:35:43 that's against the law, and that other people find it
09:35:46 offensive because we are poor that they can simply call the
09:35:50 police department, and we can be trespassed.
09:35:54 And when we are trespassed, we are trespassed from every
09:35:58 single park in Tampa.
09:35:59 And I find that to be very hard to understand how I can be
09:36:05 trespassed at one address that a fault was supposedly found
09:36:11 and that I am trespassed from all.
09:36:14 All have different addresses.
09:36:16 They are not the same.
09:36:17 And it is the same as just the other night, outside the
09:36:25 Tampa Police Department there's a building there and in it
09:36:27 several of us homeless were lying down on the sidewalk at
09:36:30 night when it was raining, and an officer came out and he
09:36:33 told us that you know you are not supposed to be up on the
09:36:37 sidewalk, and you know you are not supposed to be against
09:36:39 that building.
09:36:44 We were on a public sidewalk.
09:36:45 We were not in the building or on the building.
09:36:47 We were on the sidewalk.
09:36:50 And you are made to move or you will be arrested and thrown
09:36:55 in jail for simply taking coverage.
09:36:59 It's raining.
09:37:01 It's just basic common need that the poor have.
09:37:04 (Bell sounds)
09:37:06 Apparently that's my time.
09:37:08 >>CHARLIE MIRANDA: You have about 30 second.
09:37:09 >> Okay.
09:37:10 In it, it's about how anybody in the general public can look
09:37:13 upon me as -- so what did I do wrong?
09:37:22 And say, sir, all I have to do is call the Tampa Police
09:37:25 Department and I will have you trespassed, and they do it
09:37:28 over and over and over again.
09:37:32 And that's why I came today.
09:37:34 Thank you.
09:37:37 >>CHARLIE MIRANDA: Thanks very much, sir.
09:37:38 Next, please.
09:37:41 [ Applause ]
09:37:42 >> Good morning.
09:37:44 My name is Chris Costello.
09:37:46 You all have seen me before.
09:37:47 I'm with the Sierra Club, water quality campaign.
09:37:51 I'm here to talk about the fertilizer ordinance.
09:37:53 By you know, after so many meetings and hearings, you all
09:37:59 more than any other council in the state, probably feel like
09:38:03 you have been through the fertilizer ordinance gauntlet.
09:38:06 I would say rather than a gauntlet you all and your staff
09:38:09 have done a very, very good job of taking the base material
09:38:13 that the other 46 communities around the state gave you to
09:38:18 start with and have thoroughly vetted it and catered your
09:38:23 ordinance to the City of Tampa, your particular watershed,
09:38:27 and your population.
09:38:28 The Sierra Club fully supports these last revisions and we
09:38:33 applaud you on your work on this issue.
09:38:35 We know the water quality in Tampa Bay and the Hillsborough
09:38:37 River will benefit from your actions.
09:38:41 >>CHARLIE MIRANDA: Thank you very much.
09:38:42 Next, please.
09:38:42 >> My name is Tom crumbride, I live here in Tampa, and I'm
09:38:51 here representing Florida consumer action network and myself
09:38:56 as a citizen of this area, and like Chris, you know, enough
09:39:01 is enough.
09:39:04 We beat the thing to life, not death, to life.
09:39:07 And these ordinances everybody in effect long enough now.
09:39:14 We have plenty of track record to show that the industry,
09:39:17 local businesses --
09:39:21 >>CHARLIE MIRANDA: I assume you are talking on 45?
09:39:23 I'm sorry.
09:39:23 >> Yes, 45.
09:39:24 That the local businesses have not been hurt in any way.
09:39:27 And an unexpected consequence of this is now the
09:39:33 manufacturers in the State of Florida have stepped up to the
09:39:34 plate to make the appropriate time release fertilizers.
09:39:39 That's why the big national industries are wanting to change
09:39:42 it, not because they are not willing to step up to the
09:39:46 So let's just keep it the way it is, and thank you for your
09:39:50 efforts and your diligent review and consideration.
09:39:54 Thank you.
09:39:55 >>CHARLIE MIRANDA: Thank you very much.
09:39:56 Next, please.
09:39:56 >> Good morning.
09:40:00 Phil Compton, 1430 park circle on the beautiful yet still
09:40:04 sick Hillsborough River here in Tampa and I do work for the
09:40:07 Sierra Club, but long before I was with the Sierra Club,
09:40:11 friends of the river.
09:40:12 The Hillsborough River is sick but it is beautiful and it is
09:40:14 wonderful to live in the day when our city appreciates it as
09:40:18 its primary natural resource to build its economy upon.
09:40:23 The ordinance that you passed last year was very wise, very
09:40:27 cost effective way of improving the health and beauty of
09:40:30 this resource.
09:40:33 And I join Chris here in urging you to adopt the revision
09:40:37 and keep this ordinance as strong as it possibly can be.
09:40:41 We have had now in our fifth year of the minimum flow.
09:40:45 The fish and the wildlife are coming back through the river.
09:40:48 This ordinance will make the river clear, provide more
09:40:51 oxygen for the fish and wildlife, and provide the life that
09:40:55 we really need to build our community around.
09:40:58 Tampa is here because it has a river flowing through it, and
09:41:01 this action is a very smart thing to do.
09:41:03 So thank you very much for taking this action, listening to
09:41:06 us today, and making the tweaks to the ordinance that will
09:41:09 make it even stronger.
09:41:12 >>CHARLIE MIRANDA: Thank you very much.
09:41:13 Next, please.
09:41:13 >> My name is Ed rock, I live at 7901 north Klondyke street,
09:41:20 Tampa, Florida p 3604, and I am also with friends of the
09:41:23 river and community stepping stones and various other
09:41:27 organizations here in Tampa.
09:41:28 And one of the things I have to appreciate very much from
09:41:31 y'all, even though sometimes I disagree, this fertilizer
09:41:34 ordinance is extremely, extremely important.
09:41:37 And a lot of times, why it is and why it's so important at
09:41:42 this period of time.
09:41:43 And what it is is the basic concept if you have an acre of
09:41:47 land and one person on there and living things there they
09:41:53 can do pretty well.
09:41:54 And they can still go.
09:41:56 10 is stretching it.
09:42:00 You get 1,000 it gets worse.
09:42:02 And what happened over a period of time, our city and our
09:42:05 county has gone through a period of time where when they
09:42:08 were approached with the same problems the river and the bay
09:42:11 has now, they stepped to the plate and reduced the nitrogen
09:42:16 and the other fertilizers that were going out into the bay.
09:42:19 We know every year we have a dead zone.
09:42:22 All along the coast of Florida is a dead accident. It
09:42:26 getting larger and larger every year.
09:42:28 Chesapeake bay is a really good place to do some research
09:42:31 and look into the cost of what happens when we don't do what
09:42:34 is necessary for the health of this bay.
09:42:37 And so if we get 100, 1,000 people, all of a sudden it can't
09:42:44 hold what worked before and that's why we have to lessen the
09:42:47 amount of phosphate on the river.
09:42:49 To give you an idea, I am going to go back to the 1900s and
09:42:52 read you something that was happening in 1900.
09:42:54 The scenery was considered but prudent -- can't go swimming
09:43:05 Too many gushing pipes put affluents, and bacteria to the
09:43:13 River fishing fell off, more swiftly each year until anglers
09:43:19 were driven well out of Tampa, to the northeast and
09:43:24 et cetera.
09:43:27 The there were more than there has been and there is less
09:43:35 common wobblers.
09:43:37 81 species of birds have vanished from what is now
09:43:41 Hillsborough River state park.
09:43:43 Hillsborough is still a beautiful river.
09:43:45 But for many, it is dying, and what is happening is that we
09:43:52 don't have the luxury any longer to throw extra stuff on an
09:43:57 already burdened system.
09:43:59 Thank you very much.
09:44:01 >>CHARLIE MIRANDA: Thank you very much.
09:44:02 Next, please.
09:44:03 >>STEVE MICHELINI: I'm here on behalf of the petitioner on
09:44:09 item number 59.
09:44:12 And we talked to the clerk's office and respectfully request
09:44:15 that be rescheduled for June 7th at 10:30 a.m.
09:44:25 It can't be heard.
09:44:26 We didn't file the affidavit.
09:44:27 >> I have a motion by Mrs. Mulhern on item 59 to be
09:44:30 rescheduled on June 7th at 10:30 in the morning.
09:44:33 Any further discussion by council members?
09:44:36 All in favor of the motion please indicate by saying aye.
09:44:39 Opposed nay.
09:44:40 The ayes have it unanimously.
09:44:42 >>STEVE MICHELINI: The second item I am here on is number
09:44:46 27, representing Cangi one of the proposes on this
09:44:51 particular project, and his main concern is the city is not
09:44:54 getting the best deal possible.
09:44:56 There is a $10 million differential between his proposal and
09:44:59 the recommended proposal and at the very least they are
09:45:04 suggesting that they go back and amend the agreement with
09:45:13 the city so the city isn't losing an additional $10 million.
09:45:17 In addition they had suggested improving Zack Street and we
09:45:20 are paying half of the improvements which is also not encode
09:45:24 in the proposal that's buff today.
09:45:28 If the city wants to move forward with that proposal we
09:45:31 certainly recommend that you look at it again and try to
09:45:33 negotiate a better deal concerning a loss of $10 million.
09:45:37 When the city is in the condition it's in and looking for
09:45:39 additional funds, it's really hard to walk away from that
09:45:44 kind of money.
09:45:48 According to the city, the proposals were not financially
09:45:53 The difference was, selection is made based upon what they
09:45:57 perceive to be more experience with the team that is now
09:46:00 being recommended to you.
09:46:03 In this particular case the development team believes that
09:46:06 they have experience, but they more so believes that the
09:46:10 city deserves the money and they deserve the financial
09:46:14 resources going into the city coffers that are not going to
09:46:17 be placed there under this proposal.
09:46:19 So I respectfully request that you send it back to the staff
09:46:21 for further analysis, and attest to negotiate a better deal
09:46:27 for the city.
09:46:27 Thank you for your time.
09:46:29 >>CHARLIE MIRANDA: Thank you very much.
09:46:30 Okay, we have how many minutes left?
09:46:32 >>THE CLERK: You have approximately 15 minutes.
09:46:35 >>CHARLIE MIRANDA: All right.
09:46:36 Anyone else who has any item on the agenda first?
09:46:40 Anyone else, one last time, who has any items on the agenda
09:46:44 That's on the agenda.
09:46:46 Please come forward.
09:46:47 And then we'll go to you, sir.
09:46:49 Any item on the agenda first.
09:46:56 Do you have an item on the agenda?
09:47:03 That's on the agenda.
09:47:04 Come forward.
09:47:04 >> Thank you.
09:47:05 You asked me to come back.
09:47:09 >>CHARLIE MIRANDA: I remember.
09:47:09 That all beautiful women are welcome back.
09:47:11 >> Well, thank you so much.
09:47:13 Well, I'm back to find out what's going on.
09:47:22 >>CHARLIE MIRANDA: All right.
09:47:23 Well, the legal department was -- the original motion, I
09:47:25 forget which council member, I think it was Capin or Suarez.
09:47:30 I know it was on my right side.
09:47:33 And I don't know where we are at.
09:47:35 I know the legal department was reviewing it.
09:47:38 I'm not sure if it was Julia Cole or one of them.
09:47:41 But if my memory service me correct that's who it was.
09:47:44 But if you wait till after this meeting I'll get with you,
09:47:47 and we'll go on a little tour, find out where it's at and
09:47:50 what's happening.
09:47:50 >> Thank you.
09:47:54 >>CHARLIE MIRANDA: I'm very appreciative of you coming back.
09:47:56 That really means a lot.
09:47:57 Yes, ma'am.
09:47:57 >>LISA MONTELIONE: I can speak to a portion of it.
09:48:00 The Florida legislature did pass a piece of legislation that
09:48:06 would limit the sales of 29 additional chemicals that were
09:48:11 not previously prohibited or classified as control
09:48:16 So the legal department was looking to see, now, if that was
09:48:20 going to pass or not, and it did pass.
09:48:24 So, you know, what we do from there is still up for
09:48:28 >>MARY MULHERN: Isn't this on the agenda today?
09:48:31 >>THE CLERK: Item 44.
09:48:32 >>MARY MULHERN: Item 44.
09:48:37 We will be talking about it and getting a staff report,
09:48:41 >>THE CLERK: And Julia Cole has provided a memorandum.
09:48:48 >>CHARLIE MIRANDA: Anyone else who has an item on the
09:48:50 Please come forward.
09:48:50 >> My name is Troy Compton speaking on behalf of the
09:48:56 homeless as well, item 46.
09:48:59 I don't have too much to say, but the one thing that
09:49:03 concerns me is that I don't believe that there is an
09:49:05 adequate homeless shelter in this town in Tampa.
09:49:08 I have been trying to work with the homeless.
09:49:10 I have been homeless myself for the last couple of years,
09:49:13 and I don't think the Salvation Army really has the
09:49:15 resources to deal with the problem.
09:49:18 And, you know, when people aren't able to stay there, they
09:49:24 just go out onto the streets.
09:49:26 And when they are trespassed for just sleeping on the
09:49:29 sidewalk, and not even really trying to be a nuisance, they
09:49:32 are just trying to rest, you know, it's not during the day,
09:49:35 it's at night, you know, and there's been so much pressure
09:49:38 put on the churches, which were allowing people to sleep on
09:49:41 the sidewalk, so they are afraid to even allow people to
09:49:47 sleep on the sidewalk in front of their churches, which is
09:49:49 their own private property.
09:49:52 I just think, you know, you can't penalize people for -- you
09:49:55 can't penalize people for not having the resources
09:49:59 available, five days in the Salvation Army to get back on
09:50:04 their feet and find a job when there's not a whole lot of
09:50:07 jobs available for some people isn't really a good solution.
09:50:12 So I guess that's all I have to say about that.
09:50:18 >>CHARLIE MIRANDA: Thank you very much, sir.
09:50:19 Next, please.
09:50:20 Anyone on the agenda first.
09:50:25 >> I'm back.
09:50:30 My name is Jarrett Hamlin with the coalition of the March on
09:50:33 the RNC. And I was here a if few weeks ago along with about
09:50:39 50 other people to say the clean zone is a repressive law
09:50:42 used to silence our voice.
09:50:44 I don't know how often City Council gets a packed house but
09:50:46 I am willing to bet it's not often P.and it was packed for a
09:50:50 reasonable people are mad because the clean zone only exists
09:50:53 to silence and repress our voice against the Republican
09:50:55 national convention.
09:50:57 Protestors don't need new laws.
09:50:59 We are not here to negotiate with the clean zone and it's
09:51:03 collaborators either.
09:51:04 We are here to say no to it.
09:51:06 We have the right to protest within sight and sound of the
09:51:08 convention, and that's just what we plan to do.
09:51:11 Why are we all here anyway?
09:51:13 We are not here to demand the rights of protests just for
09:51:16 the sake of protesting.
09:51:17 We are here to say no to say no more tax on workers and
09:51:28 unions and no to attacks on education. We don't need new
09:51:31 laws and we don't need the police either.
09:51:33 I think parents with children and retirees marching against
09:51:35 the RNC in August will do just fine without them.
09:51:39 So with this we still demand our permits four months after
09:51:42 filing them, and once again we say no to the clean zone, and
09:51:45 I'll see you on May 3rd.
09:51:49 [ Applause ]
09:51:49 >>CHARLIE MIRANDA: Next please.
09:51:51 >> My name is Cory YULE with Tampa Bay students for a
09:52:01 democratic society and also member of the coalition to March
09:52:04 on the RNC.
09:52:07 We filed for our permits about four months ago, and quite
09:52:10 frankly we have received nothing but hostility from the
09:52:14 So I would like to understand why we can't get our permit
09:52:22 and March, much less why there would be a clean zone.
09:52:28 The coalition, children like these and their parents.
09:52:33 The coalition is for the children.
09:52:34 We bought our permits and he we say no to the clean zone.
09:52:39 We say no to the Republican agenda which and up in
09:52:46 Tallahassee the Republicans almost cut the funding for USF
09:52:49 by about 60%.
09:52:50 That's not right.
09:52:52 It's our right to protest the Republicans and all those
09:52:56 leading attacks against our rights as students, as people,
09:53:00 as homeless people, as children.
09:53:12 >>CHARLIE MIRANDA: Mr. Reddick?
09:53:13 >>FRANK REDDICK: Yes.
09:53:16 It's possible, this is the sixth or seventh time and I have
09:53:18 heard this before, could we have someone from staff to give
09:53:21 us an answer to a question on a time line for getting
09:53:25 permits when they apply for them?
09:53:28 Because I received some calls about that, they have applied
09:53:32 for permits and we haven't gotten a response back from
09:53:37 >>CHARLIE MIRANDA: We can ask administration to give us a
09:53:40 time line on that.
09:53:42 I would imagine they are working on it.
09:53:43 I haven't spoken to them directly.
09:53:45 If you are asking me that, I have not.
09:53:48 But it's the right of not only the people here but the
09:53:52 rights of all the people, people coming in, people that live
09:53:55 here, people that want to come in and look, and it's our job
09:53:59 to make sure that everybody is -- all of them, one side, the
09:54:02 other side, no side, right side, left side, center side,
09:54:06 that they all come and leave as they come healthy and
09:54:13 I'll look into that and I'll give you a response myself.
09:54:15 Yes, ma'am.
09:54:15 >> Marathon. I live at 215 west Grand Central Avenue in the
09:54:22 Tampa Baptist Manor.
09:54:26 I have come to find that most things in life fall into two
09:54:29 categories of thought -- the category of theory and the
09:54:34 category of reality.
09:54:36 Here is my theory-based definition of free speech.
09:54:40 Your speech and actions are expect to be courteous and
09:54:45 responsible, in a manner consistent with a civil society
09:54:50 rules of conduct.
09:54:53 Here is my reality-based definition.
09:54:56 Your rights to speak end and my rates to seek to protect my
09:55:03 property, my city, and my resources.
09:55:08 Let's all come to the understanding that freedom of speech
09:55:11 offers us the right to agree or disagree.
09:55:17 It does not offer us the right to be disobedient,
09:55:21 disrespectful, or destructive.
09:55:26 >>CHARLIE MIRANDA: Thank you very much.
09:55:27 Next, please.
09:55:28 [ Applause ]
09:55:29 >> Russell Fox. I live at 1148 Country Oaks drive in Tampa,
09:55:36 Florida. I have an office two blocks that way.
09:55:40 And between the last meeting that I was here and this
09:55:43 meeting here, I read in the newspaper that Bob Buckhorn
09:55:48 found the clean zone ordinance, one that he wrote, but that
09:55:53 he said -- obviously that is silly and stupid, but state law
09:56:04 can't supersede, but it can.
09:56:07 But the other part I find absurd is that you cannot have
09:56:12 more than 50 people in a March or protest, can't have more
09:56:19 than 50.
09:56:22 But can people break it up, like 49 people here, 49 people
09:56:26 there, 49 people there, and then there is supposed to be a
09:56:29 protest zone somewhere near the forum and convention center.
09:56:34 Not exactly sure writs going to be.
09:56:37 I but if that's the case and people can't park down here,
09:56:44 you have to park 15 blocks away, that's a good hike.
09:56:49 That's a good long walk and long hike.
09:56:53 If everybody comes and get down to the protest zone, isn't
09:56:57 that a March?
09:56:58 Do you have to have a permit to walk from the park to where
09:57:01 you can go protest in the legal zone?
09:57:04 There's a lot of questions that I have that should be
09:57:07 As Bob Buckhorn says, it's absurd.
09:57:10 The other question I have is the workshops, are they open to
09:57:15 the public?
09:57:16 >>CHARLIE MIRANDA: All workshops are open to the public.
09:57:19 They are not debatable if I remember the rules until after
09:57:21 the council takes an action one way or the other of what
09:57:24 they want to do.
09:57:25 >> Okay.
09:57:26 And is their location public also?
09:57:29 >>CHARLIE MIRANDA: Pardon me?
09:57:30 >> Can we know where it is, the public workshops?
09:57:33 >>CHARLIE MIRANDA: Usually workshops are right here.
09:57:34 >> Okay.
09:57:35 Thank you.
09:57:35 That's it.
09:57:36 >>CHARLIE MIRANDA: Thank you very much.
09:57:36 We have about three and a half minutes left.
09:57:38 >> Hi.
09:57:42 I am a member of Occupy Tampa and I'm here to speak out
09:57:44 against the clean zone.
09:57:46 Recently, the Tampa Police Department has had a campaign of
09:57:50 terror against people who voice their political dissent and
09:57:55 seek to address grievances against their government.
09:57:58 >>CHARLIE MIRANDA: I just need your name for the record.
09:57:59 >> Zoey, my nickname.
09:58:03 And I'm afraid and not even willing to give my full legal
09:58:08 name because I'm afraid of the police.
09:58:12 There is an incident back in October where someone was
09:58:15 holding a video camera.
09:58:17 And they beat him and sentenced him to the hospital and even
09:58:21 tried to induce medical care and would not allow him to
09:58:24 contact his lawyer from the hospital and placed an armed
09:58:27 guard outside his hospital door.
09:58:29 In addition, another police officer said -- well, he
09:58:36 assaulted him but that's not really true.
09:58:38 The police officer pumped into him.
09:58:40 It's on the police report.
09:58:41 In addition, Dees, who witnessed the whole thing and said
09:58:46 said why are you arresting him, why are you doing this to
09:58:49 innocent people who are just standing on the sidewalk
09:58:51 holding a sign?
09:58:54 And he was then arrested.
09:59:00 And for the Tampa police to use any grassroots political
09:59:04 dissent, and if you pass this clean zone it's going to
09:59:07 become more Draconian.
09:59:10 About a couple weeks ago, I had another friend.
09:59:13 He's homeless.
09:59:14 He's sleeping in a park.
09:59:16 And the police knew that he was with Occupy Tampa, even
09:59:20 though he was homeless, he still wanted to protest.
09:59:25 He didn't like the system.
09:59:28 He didn't like what was going on in this country.
09:59:30 And do you know what the police did to him?
09:59:32 They beat him up and they beat him so badly they held him in
09:59:35 isolation until his face healed not letting anyone including
09:59:41 his family know where he was or contact him.
09:59:44 He was so scared that he's now left the state.
09:59:48 So if we see that these things are already happening and
09:59:50 have been happening, and there is even a police car behind
09:59:58 the Occupy Tampa camp, and there is a police car last
10:00:04 Friday, that is unconstitutional.
10:00:15 In addition, there were undercover cops trying to buy
10:00:20 marijuana from occupy.
10:00:26 How else do you call this but unconstitutional, and seeking
10:00:29 to repress any form of true political dissent.
10:00:33 And if the clean zone goes through, it will give the police
10:00:36 even more opportunity to harass, intimidate and continue
10:00:40 their campaign of terror.
10:00:45 [ Applause ]
10:00:46 >>CHARLIE MIRANDA: Thank you.
10:00:50 I have one minute left if you want to United States, you are
10:00:55 Yes, ma'am.
10:00:55 >> Glad to be here.
10:01:00 Good morning.
10:01:01 My name is ... and I have been here before.
10:01:08 And the Tampa police, trust me, don't need to be here.
10:01:13 I don't know why they go into the schools when they don't
10:01:16 even do nothing but serve coffee.
10:01:23 I am trying to be decent because there are children in here.
10:01:25 Why go to the school and tell them to call 911 when they
10:01:27 don't even do anything?
10:01:33 Ashley was right.
10:01:34 I'm an adult.
10:01:34 I'm a woman -- I'm a person.
10:01:38 Because there are children here, something I experienced
10:01:42 recently, I am going to leave it at that.
10:01:46 The police, too, came and did nothing.
10:01:49 Probably because Dunkin Donuts was having a sale, obviously.
10:01:53 I was forced to walk when I barely made it there from the
10:01:59 First the police -- we'll call them Frankfurter and
10:02:06 transvestites because they were bad cop and bad cop number
10:02:10 There are a lot of good ones, but there are a lot of bad
10:02:12 ones, are the bad ones are the ones I get when I need help.
10:02:15 These two jokers, I met them before, and when I was trying
10:02:20 to report -- I didn't say it last week.
10:02:21 No, I didn't.
10:02:22 (Bell sounds).
10:02:23 >>CHARLIE MIRANDA: All right.
10:02:23 Time is up.
10:02:24 Thank you very much.
10:02:25 I appreciate it very much.
10:02:26 Mr. Suarez, I see there's another group of students from
10:02:29 Villa Madonna.
10:02:33 >> We have our second group from Villa Madonna. The first
10:02:38 group was down in the Mascotte room.
10:02:40 And I hope that you have seen that you have seen council has
10:02:43 got lots of different things.
10:02:45 Oh, yes, you are waving.
10:02:47 You see yourselves on television.
10:02:49 Lots of different issues that we have to deal with, and I
10:02:53 hope that you enjoy the rest of your time here.
10:02:55 I know you are probably going to meet with some of the
10:02:57 administration officials and Joan the rest of your time at
10:03:01 the City of Tampa.
10:03:02 Thank you, Mr. Chair.
10:03:04 >>CHARLIE MIRANDA: Wee we go to requests for requests of
10:03:07 legislative matters that the council passed last week.
10:03:10 Any other requests for reconsideration?
10:03:13 I see none.
10:03:15 Off the agenda, new business items, that, and then we are
10:03:19 going to go into Mr. Reddick's committee, and with Mr.
10:03:23 Reddick's position I think deputy chief wants to speak on
10:03:26 item number 6.
10:03:27 And new business on a deny dumb to the final agenda.
10:03:39 >> John Bennett, Tampa Police Department.
10:03:43 Thank you for allowing us to walk on the new business item
10:03:47 reference the uniforms that we are going to use for the
10:03:52 officers for the Republican national convention.
10:03:55 Those are for bike uniforms for the bike patrol to keep
10:03:58 everybody safe in the downtown core.
10:04:00 And to create a unified uniform that can handle the climate
10:04:05 in August as well as a more general uniform for all the
10:04:11 mutual aid officers to again have a unified look, be cool in
10:04:16 the climate, and also kind of have a more friendly look in a
10:04:21 khaki uniform as compared to what we wear now which again is
10:04:25 providing some of the confers comfort.
10:04:26 So that's the initial walk-on item.
10:04:29 Do you want me to go into the fence as well?
10:04:31 >>CHARLIE MIRANDA: Yes, sir, you may at this time, because
10:04:33 Mr. Reddick is going to have that committee coming
10:04:35 through -- or we'll let Mr. Reddick.
10:04:39 We can go now to consent agenda items.
10:04:41 Yes, sir?
10:04:44 >>LISA MONTELIONE: I have a question.
10:04:46 What shield will be on the uniforms of the officers who are
10:04:52 not sworn of the Tampa Police Department?
10:04:56 >> Not sworn?
10:04:57 They will all be sworn.
10:04:59 >>LISA MONTELIONE: They will all be sworn as officers of
10:05:01 the Tampa Police Department?
10:05:03 >> No, the mutual aid agreement allows them to have
10:05:06 jurisdiction while they are serving us.
10:05:08 And what we do is we apply the Velcro ability to put your
10:05:13 own agency patch on, and then the other side we are putting
10:05:16 the American flag for unity.
10:05:19 >>LISA MONTELIONE: It's going to be Velcro?
10:05:23 >> The patch will be Velcro.
10:05:25 Every person will have their own agency patch.
10:05:28 It's almost, according to the vendor, which is kind why we
10:05:32 had to walk it on, they originally only needed 60 days to
10:05:36 supply the uniforms.
10:05:37 Now they need 90 which is why we brought the walk-on and the
10:05:42 So everybody brings their own patch.
10:05:44 It's pretty common in a uniform like that.
10:05:46 >>LISA MONTELIONE: One of the things that concerns me about
10:05:49 the Velcro is that it's easily removed.
10:05:52 And in a situation where it might be chaotic, there might be
10:05:57 a lot of people pushing, grabbing, whatever, that shield can
10:06:01 be very easily taken off, and then people would not be able
10:06:08 to identify which police unit they were with.
10:06:13 >> Yes, there's more identifiers as well.
10:06:17 Just about every piece of equipment will have a numerical
10:06:20 identification, a name identification, so there's other ways
10:06:25 of accountability through the uniform process.
10:06:28 It's not just that patch.
10:06:29 >>LISA MONTELIONE: And may I ask for a list of the
10:06:36 jurisdictions that have been invited to participate?
10:06:39 >> I can.
10:06:40 I don't have that with me.
10:06:42 The list is being compiled by the Hillsborough County
10:06:44 sheriff's office agency.
10:06:47 It's kind of a living document to some degree as far as the
10:06:51 agencies that are correct, the names and the processes.
10:06:53 But we have a list.
10:06:55 I just don't have it with me.
10:06:58 >>LISA MONTELIONE: Do you know when that will be available?
10:06:59 >> Probably by the next time we meat we'll have a pretty
10:07:02 good idea.
10:07:04 >>LISA MONTELIONE: That will be April 26th.
10:07:06 >> That's fine.
10:07:08 >>LISA MONTELIONE: If I could make a motion to ask TPD to
10:07:12 provide a list of the agencies that will be present
10:07:15 representing the Tampa Police Department.
10:07:17 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.
10:07:20 All in favor?
10:07:21 The ayes have it unanimously.
10:07:24 Ms. Mulhern?
10:07:25 >>MARY MULHERN: Thank you.
10:07:27 Chief, I had a couple of questions.
10:07:29 I think this is a very good idea, but one question is, how
10:07:36 many uniforms are you going to be buying with that?
10:07:42 >> The uniform number right now is based on just about 1700.
10:07:51 Now we are talking individuals.
10:07:52 We are not talking number of the uniforms.
10:07:55 When you get here, you are going to need uniforms to work
10:07:58 every single day.
10:08:00 For about 1700 personnel, which includes the bikes and the
10:08:06 patrol unit, so to speak.
10:08:10 >> Bike and what?
10:08:12 >> Patrol officers, beyond the bike.
10:08:14 So the bike uniform.
10:08:17 The same color.
10:08:18 >>MARY MULHERN: So it's like $300 a uniform or something
10:08:21 like that?
10:08:22 Is that right?
10:08:22 >> Right about that number, yes.
10:08:24 >>MARY MULHERN: And my other question, I can't remember
10:08:29 because we had so many of these appropriations for that.
10:08:32 But are these -- have we already purchased regular uniforms?
10:08:37 >> No, no.
10:08:38 >> This has been in the planning stages?
10:08:41 >> Yes, it has.
10:08:46 >>CHARLIE MIRANDA: Any other questions at this time?
10:08:47 Mr. Cohen?
10:08:48 >>HARRY COHEN: To follow up on Mrs. Mulhern's point.
10:08:51 We would also assume that next year, for example, we
10:08:54 wouldn't have to spend money on uniforms, because they made
10:08:59 such a large purchase this year?
10:09:01 >> No, these uniforms are exclusively for this event.
10:09:04 So the uniforms that we wear day to day are in the budget,
10:09:08 and this budget is separate.
10:09:09 So these uniforms are exclusively for this event.
10:09:11 >> But they won't be able to be used again after the event?
10:09:14 >> They will be used in a similar environment, or if there
10:09:17 was -- for example, we typically dress down the officers if
10:09:21 we have a hurricane, because of the length of their duty and
10:09:24 the type of environment that they are working in.
10:09:27 It's possible to reuse the uniforms in that kind of
10:09:31 So it's not like they are discarded.
10:09:34 It's a matter of they are not interchangeable with what we
10:09:38 wear, or what most agencies wear back in their normal
10:09:41 So they are pretty much unique to this event or can be used
10:09:46 for a special event or a response to a large incident like a
10:09:54 >>YVONNE CAPIN: Very quick question here.
10:09:57 So then we, the City of Tampa, own them?
10:10:02 >> Well, the individual officers from all the agencies will
10:10:04 take them with them.
10:10:05 So we would have our lot, sheriff's would have theirs, all
10:10:09 the mutual aid partners would have their uniforms.
10:10:13 They are sized and obviously worn 12 to 14 hours a day by
10:10:17 each person.
10:10:17 So they are going to own them by DNA in the end.
10:10:25 >>CHARLIE MIRANDA: DNA is a short word for deodorant.
10:10:27 >> Do we know how many will stay with their Tampa Police
10:10:35 >> Probably four to five hundred.
10:10:40 >>YVONNE CAPIN: Thank you.
10:10:41 >>CHARLIE MIRANDA: Any other questions by council members?
10:10:43 We need off-agenda item, who wants to move new business for
10:10:46 the purchases?
10:10:48 >> So moved.
10:10:49 >> Second.
10:10:50 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by Mr. Cohen.
10:10:53 Any second by -- discussion by council members?
10:10:55 All in favor?
10:10:57 The ayes have it unanimously.
10:11:03 Just a second and I'll come back to the new business with
10:11:07 council attorney Martin Shelby on the stand your ground and
10:11:10 I go to Mr. Reddick for his committee report.
10:11:12 >>FRANK REDDICK: Mr. Chair, thank you.
10:11:18 >> Essentially we are talking item 7?
10:11:26 >>CHARLIE MIRANDA: 6.
10:11:31 >>YVONNE CAPIN: Yes, 7.
10:11:32 >> The City of Tampa and its regional partners, we do risk
10:11:35 analysis all the time, and it's been part of our life since
10:11:41 the 9/11 era to do risk analysis on infrastructure.
10:11:44 As a result of that, it's the recommendation of the planning
10:11:47 committee to secure certain locations that we feel based on
10:11:53 our risk assessment need status protection from the fence
10:11:58 instead of potentially an exchange.
10:12:01 That exchange is either people or an inanimate object like a
10:12:06 Where those exact locations will be is actually a moving
10:12:10 And as we get closer to the event, we'll make the
10:12:13 determination officially with the planning committees on
10:12:17 where those fences would go.
10:12:20 But essentially, you know, the exchange rate as far as
10:12:23 personnel and labor and then the environment of the weather
10:12:26 is tremendous.
10:12:28 You know, what it would take to put officer positions at
10:12:32 certain critical infrastructure, to guard those locations as
10:12:35 compared to fence.
10:12:38 It's no comparison.
10:12:39 We are talking millions versus the price that's on the
10:12:44 So not to mention that fences not affected by weather.
10:12:49 It's going to be extremely hot.
10:12:50 So the exchange of some security fence for the critical
10:12:55 infrastructure which deemed necessarily, that's essentially
10:12:59 what this is for.
10:13:03 >>CHARLIE MIRANDA: Mr. Reddick.
10:13:04 >>FRANK REDDICK: Thank you.
10:13:05 After moving this item, once you make the determination,
10:13:10 where the location of the fencing would be, that becomes
10:13:14 public information?
10:13:14 >> Yes, it will.
10:13:16 And I should make a note to council that as we vet through
10:13:20 the risk of the critical infrastructure that we think is
10:13:24 necessary to secure with an inanimate object like fencing,
10:13:28 we balance everything.
10:13:29 I did it in the Super Bowl.
10:13:30 I'll do it again.
10:13:31 We balance everything with convenience.
10:13:33 And we weigh security and convenience together, because just
10:13:36 like traffic, you know, you close the road, it's got to go
10:13:41 And we have to balance those issues.
10:13:42 So there will be a sanity check everything that comes
10:13:47 through the risk assessment process.
10:13:49 But it will be made available for the public just like the
10:13:54 plan will, at the appropriate time.
10:13:56 >>FRANK REDDICK: Move item.
10:14:02 >>CHARLIE MIRANDA: 5 is the substitution.
10:14:05 And 6 is a substitution.
10:14:09 2 through 8.
10:14:10 All in favor?
10:14:12 The ayes have it unanimously.
10:14:14 Thank you very much, chief.
10:14:15 Mr. Shelby, on new business on the item that you have there
10:14:18 on the agenda, bring us up to date.
10:14:23 >> Thank you, Mr. Chairman.
10:14:24 Good morning members of City Council.
10:14:25 This is pursuant to a motion that was made previously and
10:14:31 was made, but there was no date to bring it back.
10:14:39 Therefore I have prepared it pursuant to council's direction
10:14:43 and I have brought it to you for your consideration.
10:14:50 >>CHARLIE MIRANDA: Do you have it already drafted?
10:14:54 >>THE CLERK: I do have a title on the addendum.
10:14:58 >>CHARLIE MIRANDA: Council has to act on that.
10:15:05 I wonder if you would let him review it and we can get back
10:15:08 before this meeting is over.
10:15:09 >>MARTIN SHELBY: Thank you, sir.
10:15:12 >>CHARLIE MIRANDA: Okay.
10:15:15 Let's continue with the rest of the committees, if I may,
10:15:17 and we'll go back to all the businesses as we need.
10:15:23 Parks, Recreation, Culture Committee, Ms. Mary Mulhern,
10:15:27 >>MARY MULHERN: I move items 9 through 16.
10:15:33 >> Second.
10:15:34 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.
10:15:36 Further discussion on those items?
10:15:37 All in favor of the motion please indicate by saying aye.
10:15:40 Opposed nay.
10:15:41 The ayes have it unanimously.
10:15:44 Public Works Committee.
10:15:45 Chairman Mike Suarez.
10:15:46 >>MIKE SUAREZ: I move item 17 through 20.
10:15:49 >>FRANK REDDICK: Second.
10:15:53 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by
10:15:55 Mr. Reddick.
10:15:57 All in favor of the motion please indicate by saying aye.
10:16:00 Opposed, nay.
10:16:00 The ayes have it unanimously.
10:16:02 Finance Committee, Mr. Harry Cohen.
10:16:04 >> Thank you.
10:16:05 I move items 21 and 22.
10:16:07 >> Second.
10:16:10 >>CHARLIE MIRANDA: Second by Ms. Mulhern.
10:16:12 All in favor of that motion?
10:16:15 The ayes have it unanimously.
10:16:16 Building, Zoning and Preservation Committee, Ms. Lisa
10:16:21 >>LISA MONTELIONE: I move items 23 through 36.
10:16:24 >> Second.
10:16:26 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Ms.
10:16:29 Further discussion with council members?
10:16:31 >>THE CLERK: On item 27, that's pulled for discussion.
10:16:38 >>CHARLIE MIRANDA: Pulled for discussion.
10:16:39 I believe there's a couple of people from the administration
10:16:41 to speak on that.
10:16:42 All of that minus 27 please indicate by saying aye.
10:16:46 The ayes have it unanimously.
10:16:48 Let's stop now and do number 27.
10:16:50 Yes, sir.
10:16:50 >>BOB McDONAUGH: Administrator for economic opportunity.
10:17:01 I recently pulled this off the agenda because it's so
10:17:04 important for to hear the whole story about what is proposed
10:17:08 for the hotel.
10:17:10 And we have submitted a lease, admittedly got it on kind of
10:17:15 short notice.
10:17:16 But the whole, just to recap slate the process, we went out
10:17:23 to RFPs, got some wonderful RFPs, then sat down to
10:17:28 And it really did not come down fully to a matter of dollars
10:17:31 and cents.
10:17:32 And if the board is interested, I have a copy of a letter
10:17:37 that I sent to Mr. Michelini's client after we made our
10:17:41 selection, and just to bring it real quick, the bottom line
10:17:46 was that the proposal should impact properties in DSG were
10:17:56 very similar.
10:17:56 Each had strong hotel experience and a good development
10:18:00 DSG has recent experience in the adaptive reuse of the
10:18:03 historic building for hotels, and that was the deciding
10:18:07 I got an e-mail back saying thanks again for another prompt
10:18:12 While we have enjoyed meeting with you and the mayor, we
10:18:15 understand the decision to decline a meeting with us.
10:18:17 By no means would we be asking the mayor to revisit his
10:18:21 Instead we want to personally let him November our continued
10:18:24 interest in our ability to proceed promptly with DSG if not
10:18:28 able to perform the project as presented in its RFP.
10:18:31 At the end of the day all we want is a vibrant downtown and
10:18:34 the courthouse can and should be the catalyst.
10:18:38 And so I am going to ask Mr. Gary Prosterman from DSG.
10:18:52 We have a important old lady here in our downtown that needs
10:18:55 someone to give her tender loving care, and when we looked
10:18:58 at the proposals of all the folks, the thing that stood out
10:19:01 most succinctly, in Mr. Prosterman's experience, is the fact
10:19:06 that just prior to doing this, there was a 100-year-old YMCA
10:19:11 which was historically significant in downtown Philadelphia.
10:19:14 He took this building, rebuilt it into a boutique hotel
10:19:18 named Meridian and that's exactly what he's proposing to do
10:19:23 with our hotel.
10:19:24 Again looking at a four star hotel, something that's missing
10:19:28 from the industry segment, and without further ado I will
10:19:32 bring Mr. Prosterman.
10:19:37 Talking about the dollars, the second proposal was based on
10:19:40 a percentage of growth.
10:19:43 So I guess could you say there might have been a $10 million
10:19:47 difference there, could have been a 100 million difference
10:19:49 there, could have been a $50 difference.
10:19:52 I can't tell that because it was not a guaranteed amount, it
10:19:55 was a percentage of growth so that is a significant
10:19:57 difference rather than somebody saying I am going write you
10:19:59 a check. But again, it was not money that was the deciding
10:20:03 factor, it was the experience of the developer, someone who
10:20:06 had done a similar project, and when you hear a little more
10:20:09 about Mr. Prosterman and his team -- Prosterman and his team
10:20:16 I think you will be impressed as well.
10:20:18 >>YVONNE CAPIN: Mr. McDonaugh, I just want to point out, you
10:20:23 called the courthouse the old lady that needs attention.
10:20:26 I would refer to it as the grand old man that needs
10:20:30 [ Laughter ]
10:20:34 >> I should have said grand old DAME or gent.
10:20:41 >>CHARLIE MIRANDA: Now we insulted both sides.
10:20:43 Mr. Cohen?
10:20:44 >>HARRY COHEN: I believe it was justice Ginsburg who said
10:20:49 in her experience a wise old man and wise old woman normally
10:20:54 come to the same conclusion.
10:20:57 >>CHARLIE MIRANDA: So what is that conclusion?
10:21:00 Don't leave me hanging, Harry.
10:21:03 Yes, sir.
10:21:03 >> Gary prosterman, my company development services group,
10:21:10 established in 1989, we have developed hotels around the
10:21:14 United States.
10:21:14 We most recently have been focusing on historic and adaptive
10:21:18 reuse projects, both hotels and office buildings.
10:21:24 We actually were just made aware this morning at 9:00 that
10:21:28 there was an objection.
10:21:29 But what I really wanted -- what I came prepared to really
10:21:33 speak about was our appreciation and enthusiasm for doing
10:21:38 this project, the process that we went through with the city
10:21:42 and the RFP process, and the way the city has dealt and
10:21:46 their council have dealt very professionally in this lease
10:21:49 negotiation which has occurred over the last four months.
10:21:53 During that time, we have continued to spend a lot of time,
10:21:58 energy and effort with our design documents.
10:22:02 We have preliminary designs completed.
10:22:04 We have done most of the physical due diligence that is
10:22:09 And we are just really enthused about what we can make
10:22:13 happen with the beautiful old courthouse.
10:22:16 I am going to remain gender neutral in my description.
10:22:20 >>CHARLIE MIRANDA: As you should.
10:22:21 [ Laughter ]
10:22:22 >> I have a few photos of the project we completed in
10:22:25 I am going to ask Stephani Ferrell.
10:22:27 Our team is comprised of local architects and engineers and
10:22:37 The Meridian in Philadelphia was originally built as a YMCA
10:22:43 in the early 1800s.
10:22:44 Over an 18-month period we converted it to a 202-room hotel.
10:22:48 This is an exterior photo. It won the Pennsylvania historic
10:22:52 adaptive reuse for 2010 and we were also award add gold key
10:22:58 by the international hospitality association which is a
10:23:00 pretty prestigious international design award.
10:23:03 I am going to show you just a few quick photos of the
10:23:07 interior just to get an idea.
10:23:11 What we think is so critical for the federal courthouse is
10:23:14 because the materials are so spectacular with the marble and
10:23:17 the wood and the terrazzo, we looked at doing both which is
10:23:22 select service hotel such as a Hilton garden Inn as well as
10:23:27 a four star hotel such as Meridian and we came away with the
10:23:31 fact that building is so spectacular, the materials are so
10:23:35 respect tar lar that it warranted being redone as a
10:23:39 four-star hotel and that's why we are moving forward with
10:23:41 our proposal to do it as a Meridian.
10:23:44 This is the lobby and entrance of the Philadelphia project
10:23:47 of the bar and restaurant.
10:23:49 And Stef, if you kind of flip through real quick.
10:23:54 That was a library that we converted into a private dining
10:23:58 And you can just shift, if you would, some of the photos of
10:24:03 the federal courthouse.
10:24:06 For those that haven't been in it recently can see.
10:24:10 We just think it will make a grand hotel in every respect.
10:24:19 This is an interior, the lobby.
10:24:26 Again, this just screams, you know, that we need to be a
10:24:30 four-star hotel.
10:24:32 And we are appreciative of the opportunity.
10:24:34 I am certainly available to answer any questions about us or
10:24:38 our plans.
10:24:41 >>CHARLIE MIRANDA: Any questions at this time?
10:24:43 Ms. Capin?
10:24:45 >>YVONNE CAPIN: When did the courthouse close?
10:24:47 I don't remember.
10:24:49 Do you remember?
10:24:53 >> 1997.
10:24:54 >> The building has been unoccupied for at least ten years.
10:25:01 >>CHARLIE MIRANDA: And there is an electrical cost that the
10:25:04 city, I believe, has been paying.
10:25:06 >> Because it's owned by the city right now it's not on the
10:25:15 tax rolls, does not pay any property taxes.
10:25:18 We pay somewhere between 7,000 and $9,000 a month to keep it
10:25:22 air conditioned.
10:25:23 And Gary showed some very pretty pictures.
10:25:26 I'm going to show some pictures that are perhaps --
10:25:30 actually, there are things living in the hotel.
10:25:40 We do have some asbestos.
10:25:42 We have our friend Mr. Mold and mildew.
10:25:47 And this is something I haven't seen since I looked in
10:25:52 Charlie Miranda's fuse box.
10:25:56 [ Laughter ]
10:25:59 >>CHARLIE MIRANDA: I have larger photos in the office.
10:26:00 >> I think out of all of the real estate projects that I
10:26:04 have been involved in, this is going to be the most fun as
10:26:07 far as before and after pictures.
10:26:08 I'm very excited about this and hope to have council's
10:26:11 >> Well, we have taken a picture of you before and after, it
10:26:15 will be the same.
10:26:16 Yes, sir, any other questions by council members?
10:26:19 Ms. Mulhern?
10:26:23 >>MARY MULHERN: I just have a question for you, Mr.
10:26:26 It looks great and beautiful, your plans.
10:26:28 Mr. Michelini made a good suggestion, I thought, about the
10:26:33 percentage, or you brought up the percentage of growth.
10:26:38 That wasn't part of our fee?
10:26:43 >> What we asked people to do was respond with a proposal.
10:26:47 And we chose Mr. Prosterman's which is not a large amount of
10:26:55 money but the issue was who was the best prepared to do
10:26:58 And Mr. Prosterman saying investing $25 million turning this
10:27:03 into a four-star hotel, this is how much I would be willing
10:27:06 to pay.
10:27:07 And that was the basis on which we made our decision.
10:27:10 >>MARY MULHERN: And does this go back on the tax rolls?
10:27:12 >> Yes, ma'am.
10:27:14 And it will have at least 100 employs.
10:27:17 And it then becomes a public building that's out there open
10:27:19 that the people of Tampa can enjoy again.
10:27:21 We actually put some language in there that there will be
10:27:23 some room in there for art space, so the public can see
10:27:28 that, as well as Mr. Prosterman is talking about activating
10:27:32 the exterior of the building to get people engaged so the
10:27:35 building doesn't sit by itself any longer.
10:27:37 >> It's interesting because when we look at the rent terms
10:27:45 we are agreeing to --
10:27:47 >> They are very nominal, I agree.
10:27:49 >> They are nominal.
10:27:51 But the idea that if you did tie a percentage of the growth,
10:27:54 then you wouldn't be -- it would just be -- maybe you could
10:27:59 tie the rent to that, so that if they are in fact
10:28:03 successful --
10:28:05 >>BOB McDONAUGH: Ms. Mulhern, I will tell you that the
10:28:07 subject of money was not broached once but perhaps a
10:28:10 thousand times until my head hurt and Mr. Prosterman's and
10:28:15 we got to the point we were not particularly friendly with
10:28:17 each other.
10:28:18 So I will tell you that the economic terms in this agreement
10:28:21 are the best that I was able to negotiate.
10:28:28 >>CHARLIE MIRANDA: Let me say this.
10:28:33 Wonderful individual, wonderful family, they did a lot for
10:28:35 the city, in Ybor City they put the first hotel that was
10:28:39 built since Teddy Roosevelt visited here, which I don't
10:28:43 remember that.
10:28:45 Then they came and did a wonderful, beautiful building on
10:28:49 the causeway called the Westin hotel, and they were very
10:28:53 successful, very meticulous and very heartwarming for the
10:28:59 whole community, very giving to the whole community.
10:29:01 Aside from that each one of these stand on their own.
10:29:05 And it's incumbent upon us to feel which is the best.
10:29:10 You all made your choice and it's up to this council now at
10:29:13 the end of the day to either pass or not pass this
10:29:16 substitute resolution, as I remember it.
10:29:20 And that's item number 27 as substitute.
10:29:26 Any other discussion?
10:29:28 Item 27 earlier was put into the original motion.
10:29:33 It was taken out by myself.
10:29:34 So the maker of that motion is not here so I will ask the
10:29:37 council on item 27 as substituted.
10:29:41 >> I'll move items 27 as substituted.
10:29:44 >> Second.
10:29:44 >> I have a motion by Mr. Suarez on item number 27 as
10:29:48 Second by council member Capin.
10:29:50 All in favor of the motion please indicate by saying aye.
10:29:54 Opposed nay.
10:29:56 Motion passes unanimously.
10:29:57 Thank you all very much.
10:29:58 And thank the Impact people and Dale Cangi for being so
10:30:03 gracious to the city.
10:30:08 That takes us to transportation committee, chair Yvonne
10:30:16 Yolie Capin.
10:30:19 >>YVONNE CAPIN: Thank you, Mr. Chair.
10:30:20 I move items 37 through 42.
10:30:23 >> Motion by Capin, second by Mulhern on 37 through 42.
10:30:33 All in favor?
10:30:34 The ayes have it unanimously.
10:30:38 43 as you well know is set for May 3rd.
10:30:43 We go now to staff reports and unfinished business which is
10:30:49 items 44 through 55.
10:30:54 These are staff reports so we start with item 44.
10:31:02 I need a motion for this item.
10:31:08 Ms. Montelione, I believe you made the motion on item 44 to
10:31:11 We got a memorandum from Julia Cole regarding this matter to
10:31:14 be received and filed.
10:31:16 >>MARY MULHERN: Yes, but I don't see Ms. Cole.
10:31:25 She's not here today.
10:31:30 >>CHARLIE MIRANDA: Do you want to take 44?
10:31:32 >> There we go.
10:31:33 Thank you.
10:31:33 >>ERNEST MUELLER: Assistant city attorney.
10:31:36 Briefly on item 44, senior assistant city attorney Julia
10:31:42 Cole provided you with the memorandum.
10:31:47 >> Did you run down the stairs?
10:31:49 >> Yes.
10:31:53 Gave you a memo stating that chapter 2012-23, added --
10:32:09 >>LISA MONTELIONE: I thought it was 29 new substances.
10:32:14 >>ERNEST MUELLER: 92.
10:32:18 >>CHARLIE MIRANDA: 29, 92, you convert it and you get 92.
10:32:20 >> Chapter 22-23 is to add these new substances which are
10:32:27 synthetic, a lot of them are synthetic substances to the
10:32:33 list of controlled substances.
10:32:36 That law is now in effect.
10:32:38 And with the addition of these new substances, the legal
10:32:50 department's position is that the city will be preempted
10:32:51 from creating any new regulation on those controlled
10:32:56 But one area of enforcement that I believe the city will be
10:32:58 able to take would be use of the public nuisance abatement
10:33:01 board because these are controlled substances.
10:33:04 So there is a potential.
10:33:05 Even though we might be preempted from creating new
10:33:09 enforcement, it doesn't necessarily mean our hands are tied
10:33:14 in trying to control the sale of those substances.
10:33:17 >> So what you are saying, if I may, Mrs. Montelione, is
10:33:20 some vendor, whoever that vendor may be, is violating the
10:33:24 law by those 92 substances that are being put for sale, then
10:33:30 the city could come in under the auspices of the board and
10:33:35 take some action against that business?
10:33:38 >>ERNEST MUELLER: That's my analysis, right now assuming
10:33:41 whatever that substance that they are selling of those 92
10:33:46 >>CHARLIE MIRANDA: Okay.
10:33:47 The young lady in the back, I forget come on.
10:34:10 Turn it around all the way.
10:34:11 >> Again, thank you for hearing me out concerning the sales
10:34:15 of the drugs and the drug paraphernalia. I am not up on the
10:34:19 legal terms, but my thing is the view for children.
10:34:27 That's my thinking.
10:34:29 Whatever the substance is, you can see -- it's illegal.
10:34:39 The containers are here.
10:34:41 Everything what's than side of it.
10:34:48 These only have a price on it.
10:34:50 And smoking like I illustrated before, like when you wash
10:35:00 your clothes everything you need is there that you need,
10:35:05 powder, bleach, fabric softener.
10:35:09 But they have the pipes to smoke it with, the scales to we
10:35:15 It's just screaming drugs.
10:35:16 And this is my eight-year-old grandson it's in his view.
10:35:23 Grown people can make that choice, but like a bag of potato
10:35:28 chips and soda, and it's not.
10:35:31 And that's my main concern.
10:35:32 I went into a store on the corner of sly and central.
10:35:40 Now, this is -- this child here is only eight years old.
10:35:44 This store has taken it to another level.
10:35:48 It's the bottom shelf open with all of this stuff.
10:35:53 And this is nothing compared to this, the whole bottom shelf
10:35:57 in front of the store.
10:36:01 I don't want to go through the problem of trying -- some way
10:36:07 they have made it to be sold, I am just saying get it out of
10:36:10 the view of our children.
10:36:14 >>CHARLIE MIRANDA: Ms. Montelione, then Ms. Mulhern.
10:36:17 >>LISA MONTELIONE: What the Florida legislature in
10:36:19 Tallahassee has done, is they have created another list of
10:36:26 drugs or substances that are now considered controlled
10:36:34 So in checking some of the ingredients on these packages,
10:36:39 they probably will fall into the 92 because that was the
10:36:45 whole intent of whatever the legislature in Tallahassee
10:36:49 attempted to do is address this problem.
10:36:53 I'm sure that the chemists will probably come up with some
10:36:56 other substances and it will take again some time to add
10:37:00 those new ones to the list, because chemists, you know, they
10:37:03 are creators of these types of products are very creative,
10:37:07 so every time you pass a law, they come up with something
10:37:11 >> I understand what you just said, they are very creative.
10:37:15 I'm creative, too.
10:37:17 I want this out of the sight of my children.
10:37:19 That's a lot of creation.
10:37:20 That don't take much.
10:37:21 >>LISA MONTELIONE: This law that was recently passed gives
10:37:28 the city authority to take these businesses and have them
10:37:33 remove these substances from the shelves.
10:37:36 So we'll see with the enforcement.
10:37:38 And Mr. Mueller, if I may ask you a question, and I'm sorry
10:37:41 that TPD isn't still here because I would like to ask them a
10:37:44 question, too.
10:37:45 I read in the newspaper, I believe it was the Tribune on
10:37:51 March 27th, that spoke to this particular piece of
10:37:58 legislation, and that Hillsborough County sheriff had
10:38:02 created a letter that was being distributed to the
10:38:07 So convenience stores and other locations that may be
10:38:13 selling these products, to let them know -- and I believe
10:38:15 the date is October 1st it goes into effect -- or at
10:38:21 least was stated in the article that October 1st they
10:38:24 would not be able to sell substances of a certain nature.
10:38:28 And they were actually hand delivering these letters to the
10:38:33 retailers to let them know that you have to remove these
10:38:37 things from your shelves.
10:38:38 Do we have an effort similar to what Hillsborough County is
10:38:46 >>ERNEST MUELLER: That I am not aware of at all.
10:38:49 I have not been advised of that. And by the way, I believe
10:38:51 according to Ms. Cole, this is in effect now, the actual
10:38:56 So I am not sure what's happening in October.
10:38:59 >>LISA MONTELIONE: Okay.
10:39:02 Well, I can ask for a motion for a staff report to have
10:39:10 legal, and TPD appear to let us know what exactly they have
10:39:17 planned as an effort to actually be sure that retailers are
10:39:24 removing these products from their display cases, and know
10:39:29 that they are prohibited from selling these additional 92
10:39:36 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,
10:39:38 seconded by --
10:39:40 >>LISA MONTELIONE: Oh, I need to say, I'm told, a date. If
10:39:44 we could have that as a staff report for May 3rd, which
10:39:49 is our next regular scheduled meeting, because the 26th
10:39:53 is a workshop, at 10:00 a.m.
10:39:56 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione for
10:39:58 May 3rd at 10 a.m., seconded by Ms. Mulhern.
10:40:02 >>MARY MULHERN: And from legal to what they are doing to
10:40:09 enforce the new additional substances.
10:40:16 Yeah, I would like to make sure they bring us something
10:40:19 It sound like they would meet with you, perhaps, since you
10:40:22 are the one that's been showing the leadership on this, and
10:40:27 at least look at including in this report -- I'm just adding
10:40:32 some things to make sure they address it -- that we see all
10:40:37 these items, and for them to actually look at your
10:40:45 photograph and tell us are these prohibited?
10:40:47 And the other thing I'm wondering is whether, as you said,
10:40:51 you don't want to actually have people see these.
10:40:55 Although we can't, it sound like from Julia Cole, we can't
10:41:00 pass any additional prohibitions.
10:41:03 We as a council can't say, you can't limit this, but could
10:41:06 we actually say any of this type of item cannot be visible,
10:41:14 or cannot be -- you know, make some restrictions about how
10:41:17 it's displayed?
10:41:21 >> Ma'am, when I started this -- actually, the good Lord
10:41:29 gave me permission to go ahead and do something about it.
10:41:31 That's why I am here today.
10:41:32 And since I started, I have been getting signatures.
10:41:36 It's not just me.
10:41:37 I walk the neighborhood to get signatures where this stuff
10:41:39 is being sold at.
10:41:41 And of course I went to the state representative's offers
10:41:48 and explained to her what I had seen before, I had this
10:41:52 photo, and she was like surprised about it.
10:41:55 Okay, I understand you not knowing up to that point.
10:41:58 But if you are our representative, how did this get in our
10:42:02 And why do we have to go through all these loops and bounds
10:42:05 and stuff to get this stuff out of our neighborhoods when
10:42:09 these people that come in our neighborhoods, they don't live
10:42:12 Clearly they are providing a problem for us as parents, us
10:42:16 in that community to deal.
10:42:18 This is drugs.
10:42:24 If it's not the legal drugs, this is clearly a problem.
10:42:28 So my question is, why is it that they are able, like I
10:42:33 said, to come into our neighborhood and leave us with this
10:42:37 If you are familiar with the area of 56th over there,
10:42:41 there are like four different rehab centers over there,
10:42:46 That's in our neighborhood first.
10:42:47 We deal with that, with different kind of people in and out,
10:42:50 in and out.
10:42:51 But then this is defeating the whole purpose, when this
10:42:54 store is right across the street from the DACCO center,
10:42:59 trying to regroup themselves from drugs.
10:43:01 But when you just want to go and put myself in that
10:43:03 situation, and I just want to go in a store and get me a
10:43:08 soda, I'm sold that because that is slapped in my face.
10:43:12 That's not right.
10:43:15 That's a vicious circle and it's not fair.
10:43:17 And I think it's very unfair for the parents that teaching
10:43:22 our children from day one say no to drugs and these people
10:43:25 come in our neighborhood and --
10:43:30 >>MARY MULHERN: I agree with you, and I think what we want
10:43:33 to do is figure out, are these things illegal?
10:43:36 Are they on the list?
10:43:38 >> No.
10:43:38 >>CHARLIE MIRANDA: Just a second.
10:43:42 I don't want to have a one-way and then another way.
10:43:44 >>MARY MULHERN: Let me finish because -- I'm not asking
10:43:48 This is I want the TPD and legal to work with you.
10:43:53 Because you have all this information.
10:43:55 And I don't necessarily feel like we have gotten answers to
10:43:59 your questions that you brought up quite awhile ago.
10:44:01 So if they want to work directly with you, the answer, come
10:44:05 back with a staff report, and tell us, are these things
10:44:10 Are they on the list for things that you are finding in your
10:44:13 And if they are illegal, what are we -- why aren't we
10:44:19 cracking down on it?
10:44:20 >> When it comes to what's illegal, let's go to the Tampa
10:44:27 Police Department evidence room, when they have arrested
10:44:29 someone for smoking crack.
10:44:30 You will find these pipes here.
10:44:33 That's how they are able again to sell what it takes to use
10:44:37 illegal drugs.
10:44:38 They have made their money off of this right here.
10:44:45 Money for the pipes to smoke the drugs in.
10:44:47 The police department will arrest you if you are caught with
10:44:50 But when you do the stuff that is made for you to do, you go
10:44:54 to jail.
10:44:57 Come on.
10:44:58 >>MARY MULHERN: That's just another thing.
10:45:01 I don't know if the paraphernalia is illegal or not.
10:45:06 >> It gets illegal --
10:45:14 >>CHARLIE MIRANDA: Legal department.
10:45:14 Yes, sir?
10:45:15 >>ERNEST MUELLER: I'm not sure, but I do want to take this
10:45:17 opportunity to pass on, because we talk about they can
10:45:20 change the formula and stuff, and should bring your
10:45:22 attention to the state statute also talks about something
10:45:25 called a controlled substance analog, which as we looked at,
10:45:30 it appears to be trying to address just that.
10:45:32 They somehow change the formula of this so that it isn't
10:45:35 quite exactly what they put on the controlled substance
10:45:39 It still can be considered a controlled substance.
10:45:43 So that should be able to -- we are hoping will cover a lot
10:45:46 of this and won't require us to wait until the legislature
10:45:49 can then add that new substance.
10:45:51 I think that was the whole intent of that analog was to be
10:45:55 able to keep them from being able to manipulate that.
10:45:57 >>MARY MULHERN: What about the labeling?
10:46:00 That's another question, too.
10:46:01 That maybe we need to hear -- are there no requirements for
10:46:09 >> Nothing.
10:46:10 No labels.
10:46:11 >>MARY MULHERN: And that's a legal question.
10:46:15 >>ERNEST MUELLER: Again I haven't looked at.
10:46:18 That but what they call it is what it's made of, is what I
10:46:23 think they are looking at, is what the chemical make-up --
10:46:26 >>MARY MULHERN: But she says there's in a labeling on these
10:46:31 What's the ingredients?
10:46:33 >> No labels.
10:46:34 What is this?
10:46:35 What is this?
10:46:36 >>ERNEST MUELLER: I am not in a position.
10:46:38 >>MARY MULHERN: All right.
10:46:39 That's another question I would like to hear.
10:46:45 >>CHARLIE MIRANDA: We have a lot of reservations and
10:46:47 concerns but as I understand it we are in the right
10:46:49 direction. I do have a motion from Mrs. Montelione, and
10:46:55 other council members who want to speak on it.
10:46:59 Ms. Mulhern, you are finished?
10:47:01 Mr. Reddick is next.
10:47:02 Then Mr. Suarez and Ms. Capin.
10:47:04 >>FRANK REDDICK: Thank you, Mr. Chair.
10:47:07 Ma'am, I understand your frustration.
10:47:14 You are not the only person that has expressed these
10:47:21 I am thankful that you are coming forward with it.
10:47:24 I'm thankful you continue to read articles in the Florida
10:47:29 sentinel about it.
10:47:34 But that has always been a problem in various communities
10:47:40 within the city.
10:47:40 >> I couldn't hear you, I'm sorry.
10:47:45 >> We have always had these problems with businesses selling
10:47:47 these products in various communities within the city.
10:47:50 >> Yes, sir.
10:47:50 >>FRANK REDDICK: That's been an ongoing problem.
10:47:53 >> Okay.
10:47:54 >>FRANK REDDICK: You know, the legislators, their intent to
10:48:00 add additional products to the list.
10:48:03 I just have -- I guess law enforcement needs to ask this
10:48:08 question, because does law enforcement carry around with
10:48:13 them the names of those illegal for these businesses to be
10:48:20 selling in these stores?
10:48:21 How do they determine what's on the list or not on the list?
10:48:26 That's a question I have.
10:48:30 >>CHARLIE MIRANDA: Mr. Reddick, that will be answered on Ms.
10:48:33 Montelione's motion for them to come so that they can be
10:48:36 here eyeball to eyeball.
10:48:41 >>FRANK REDDICK: In that case, let me state this to you.
10:48:44 The problem with this is the people who bring these products
10:48:52 to these stores, and I think if you want to put a bid in you
10:48:58 have to put pressure on the distributors that you are not
10:49:00 satisfied with these products that are delivered to these
10:49:03 stores in the neighborhood.
10:49:04 And then we share the same neighborhood.
10:49:10 Even though you are in a different section of town, these
10:49:13 stores are also in my neighborhood.
10:49:17 So let me just end by saying this.
10:49:24 I'm going to work with you, and we are going to initiate a
10:49:31 campaign to go after these distributors, that are
10:49:36 distributing to these stores in our neighborhood, and I am
10:49:40 going to initiate this campaign with your support.
10:49:43 >> Thank you.
10:49:45 >>FRANK REDDICK: And also get other people in the community
10:49:48 to join me in this campaign and that's how we are going to
10:49:51 stop the distributors in the stores.
10:49:55 And my office knows how to contact you.
10:49:58 >> Yes.
10:49:59 >>FRANK REDDICK: And I am going to have a meeting.
10:50:02 I am going to initiate this meeting, and I will be in touch
10:50:10 with you, and we are going to identify the stores in the
10:50:12 neighborhood, and that's why we need your support, and we
10:50:14 are going after the distributors.
10:50:17 Someone is bringing these products to the store.
10:50:20 And we need to go after the distributors.
10:50:23 And I'm willing to do that as an elective representative for
10:50:30 the community that's bringing this in.
10:50:33 And it's similar to what Darryl Rouson did, they were doing
10:50:39 the same thing in St. Petersburg, and Darryl Rouson, the
10:50:42 state legislator, had to take action.
10:50:44 >> I spoke with him.
10:50:45 I spoke with him.
10:50:46 >>FRANK REDDICK: And I will be seeing him at 12 today.
10:50:49 So what I am going to do is initiate this campaign with your
10:50:54 >> Thank you.
10:50:55 >>FRANK REDDICK: And with some other community leaders in
10:50:57 our community, and we are going to put a stop to this, and
10:51:01 we are going to stop this, and I will in touch with you.
10:51:05 >> Thank you all.
10:51:07 >>LISA MONTELIONE: I would like to restate the motion.
10:51:10 >>CHARLIE MIRANDA: One second.
10:51:11 Two council members have asked for the floor and we'll go
10:51:14 Mr. Suarez and Ms. Capin.
10:51:16 >>MIKE SUAREZ: Thank you, Mr. Chair.
10:51:18 There are several issues that we are dealing with right
10:51:20 here, okay?
10:51:21 One is that we have 92 illegal substances that are
10:51:24 considered controlled substances.
10:51:26 Now, most of those will probably be on that list of that
10:51:30 picture that you have right there.
10:51:31 Some of the things that you have mentioned specifically
10:51:33 concerning labeling, we are not sure whether or not they
10:51:36 have those substances inside those products.
10:51:39 However, I want to find out -- and I was going to -- Ms.
10:51:43 Montelione must have saw my ears burning as to what I was
10:51:45 going to say.
10:51:46 I would like to make a friendly amendment to your motion to
10:51:50 include the following:
10:51:53 To include whether or not we as a city can enforce labeling
10:51:59 or putting back particular types of substances that are sold
10:52:03 to the public here in the City of Tampa.
10:52:06 Two, how enforcement is done for those controlled substances
10:52:09 that are not currently labeled.
10:52:11 How is that the we as a city now look at controlled
10:52:15 substances and how do we enforce that, if they are
10:52:18 considered or found to be on the controlled substances list?
10:52:22 And thirdly, I think we need to find out from legal
10:52:26 department and from Tampa Police Department, is what
10:52:31 currently are we doing with those substances that are
10:52:34 already on controlled substances list that are sold within
10:52:38 the city limits, and in convenience stores or any other
10:52:43 stores that are considered, quote-unquote, controlled
10:52:50 substances so we can figure the next step that we can do
10:52:53 here on City Council.
10:52:54 And I will make that as a friendly amendment to the motion
10:53:00 >>CHARLIE MIRANDA: I have a motion.
10:53:01 And I am not going to take the vote now but I have a motion
10:53:06 by Mrs. Montelione, second by Mrs. Mulhern, friendly
10:53:10 amendment by Mr. Suarez.
10:53:11 We go back to the maker of the motion, Mrs. Montelione.
10:53:14 >>LISA MONTELIONE: Thank you, Mr. Chair.
10:53:16 I was going to try, because we had so many different
10:53:20 amendments, and for clarity I was going to try and restate
10:53:25 the items that I tried to make notes and written down.
10:53:28 So everyone see if your points are taken.
10:53:31 And I would like to ask Mr. Reddick in that campaign that
10:53:41 spoke of.
10:53:42 My neighborhood, I live in Terrace Park.
10:53:44 I live within blocks of Busch Gardens.
10:53:46 And the north Tampa neighborhoods from the Temple Terrace
10:53:51 city line to -- including Forest Hills all the way up to
10:53:57 Armenia also has a preponderance of shops that sell these
10:54:06 I have seen the gas stations and the convenience stores that
10:54:09 I go into in my neighborhood has exactly the same display
10:54:13 that you are showing here.
10:54:17 Or lower, like you say, on the lower shelves.
10:54:19 I mean, I have seen it all.
10:54:21 So I would really want to have those neighborhoods included
10:54:32 in those discussions, because oftentimes there are, you
10:54:36 know, East Tampa or Ybor City or, you know, parts of West
10:54:41 Tampa are focuses of these efforts, and north Tampa has just
10:54:48 as many issues with these types of substances.
10:54:53 You mentioned 50th street which is very close to -- yes,
10:54:58 ma'am, and I understand where you live at, I don't know that
10:55:02 >> And not that I am not concerned with any other areas.
10:55:06 It's just knits our face.
10:55:12 (multiple conversations)
10:55:17 >> Around 30th street, 22nd street, you know, like I
10:55:22 said, all of those neighborhoods are also inundated with
10:55:26 these types of displays.
10:55:28 >>FRANK REDDICK: This will be a city-wide campaign.
10:55:31 >>LISA MONTELIONE: Okay, thank you.
10:55:33 So to restate the motion, and please jump in if I have
10:55:38 missed something.
10:55:40 One, that we are asking to PD and the legal department to
10:55:47 verify that the products available for purchase currently as
10:55:53 displayed in those photographs and in shops around town are
10:55:58 part of that new list of 92 substances, or, as Mr. Suarez --
10:56:05 there may have been substances that were currently on before
10:56:08 the 92, that we verify that controlled substances as it
10:56:13 exists plus the new 92 are those products that are available
10:56:18 for sale.
10:56:22 The second one, what prom was Tampa Police Department have
10:56:24 to make retailers aware of the new laws banning these
10:56:31 And what prom the Tampa Police Department has created to
10:56:38 make them aware that these products need to be pulled off
10:56:40 the shelves?
10:56:45 3, how does the Tampa Police Department identify these
10:56:54 4, are there any labeling requirements of these products?
10:56:58 And can we as a city, if there are no labeling requirements,
10:57:02 can we as a city make it required that these products be
10:57:09 5 is, can the city enforce the labeling?
10:57:13 6, if they are not currently labeled and still found on the
10:57:17 list, how is the Tampa Police Department planning to address
10:57:22 that along with the legal department?
10:57:25 And 7, what are we doing about the currently controlled
10:57:31 substances that may be available for sale?
10:57:37 8, are the types and other paraphernalia that are sold legal
10:57:48 or illegal under any current law that is in effect?
10:57:57 >>CHARLIE MIRANDA: That's a motion by Mrs. Montelione, the
10:57:59 original motion.
10:57:59 The second was Mrs. Mulhern, if I recall, so that still
10:58:04 Mr. Suarez, are you satisfied with that on the friendly
10:58:06 >>MIKE SUAREZ: I am.
10:58:08 >>CHARLIE MIRANDA: We have that motion on the floor.
10:58:09 Any further discussion by council members?
10:58:10 All in favor of the motion?
10:58:13 The ayes have it unanimously.
10:58:15 Thank you all very much.
10:58:16 And we'll see the results of this coming shortly.
10:58:20 Item number 45.
10:58:30 >>JAN MCLEAN: Office's of city attorney here on item number
10:58:32 45 which is the continued first reading of proposed
10:58:47 A quick recap.
10:58:48 We were here at this time last year in June when you adopted
10:58:50 your fertilizer ordinance prior to the legislative deadline.
10:58:55 We are here today with a revised ordinance that I have
10:58:59 submitted to you for your consideration limb night
10:59:03 subsection I, section 21-145, which was the substance of
10:59:11 conversation and discussion two weeks ago at City Council.
10:59:17 What this does is place you back into your position of the
10:59:22 ordinance that you adopted in June with the addition of the
10:59:29 exemption and a couple of minor clarifications.
10:59:33 This ordinance also as a package proposes to revise
10:59:37 particular courses of chapters 19 and 23 to provide
10:59:40 authority to your code enforcement department to enforce the
10:59:45 fertilizer ordinance.
10:59:47 I would be happy to answer any questions.
10:59:49 I have met with each of you multiple times, had discussions.
10:59:53 I hope that's been helpful.
10:59:55 We also have Nanette O'harris here with the Tampa Bay
11:00:03 estuary program and our stormwater department.
11:00:06 >>LISA MONTELIONE: I'm one of the members that Ms. McLean
11:00:14 met with multiple times.
11:00:16 I am very happy that we are hopefully going to move this
11:00:21 ordinance with the substitutions as has been drafted.
11:00:27 I had concerns, being contacted by members of the retailers,
11:00:35 who sell some of the fertilized products, who were worried
11:00:38 about the impact to their small businesses.
11:00:42 I had conversation with one of those business owners
11:00:45 yesterday, and as a small business, his store caters to
11:00:54 specific clientele, and these are folks who are not, you
11:01:10 know, run in and grab a bag of fertilizer and run out, these
11:01:14 are people who visit his store and seek his advice counsel,
11:01:16 and many small businesses get that personal service that is
11:01:18 offered at a small business that you don't find in a big box
11:01:23 So I made several phone calls.
11:01:24 I spoke to several members of the Tampa Rose Society whose
11:01:34 business is important to small businesses because they are a
11:01:37 niche clientele.
11:01:38 From what I understand, the rose society has a tremendous
11:01:46 membership, and they embark on rose competitions and shows
11:01:51 throughout the year, and those shows begin in October,
11:01:57 generally speaking -- I'm sure the times fluctuate, and
11:02:01 continue through May.
11:02:01 And they do not have a serious growing season, and what I
11:02:07 found out aren't applying these types of fertilizers during
11:02:10 the summer months anyway.
11:02:11 So I wish to alleviate the concern of some of the small
11:02:15 businesses that cater to niche clientele to say that in
11:02:22 speaking with them, the summer months, that we are looking
11:02:26 at banning these products won't affect them.
11:02:30 It won't affect them because the niche markets that the
11:02:34 small businesses cater to don't use these products during
11:02:39 the summer because -- in simple terms it's too blazing hot
11:02:47 out there to grow a lot of anything.
11:02:49 So that is something I wanted to address with other niche
11:02:58 This ordinance won't effect them either.
11:03:00 And many feel, at least ones I spoke to, our environment and
11:03:08 our planet, are very important to them, and if they have to
11:03:10 move to different products during that tame period, they are
11:03:12 more than happy to do that, and many people feel that there
11:03:16 will be -- this is a push, a shift in the mind-set where
11:03:29 products merge to fill the gap and fill the void like we
11:03:32 talked about in the controlled substances field, that when
11:03:35 one product is banned, they get creative, and other products
11:03:38 are developed.
11:03:39 So I just wanted to say that, because I have spent a lot of
11:03:45 I don't want any small business to be hurt or lose their
11:03:49 livelihoods, especially those that have been around for
11:03:52 many, many generations.
11:03:54 And I wanted to do the research and make the phone calls and
11:03:57 find out how they would be affected.
11:04:04 Thank you.
11:04:05 >>CHARLIE MIRANDA: Any on the council members?
11:04:06 Mr. Reddick?
11:04:07 >>FRANK REDDICK: I just have one question, and that is she
11:04:19 mentioned small businesses, and have we ever got the impact
11:04:24 study done?
11:04:26 >>JAN MCLEAN: We brought to you the desktop studies that we
11:04:29 have accomplished at your request.
11:04:31 And during that discussion, we had also discussed the study
11:04:36 that is going to be implemented by Tampa Bay estuary
11:04:41 Pinellas County began implementing their ordinance last
11:04:44 year, so they have a bit of a baseline and a jump on us.
11:04:49 And you asked us to return in November of this year to
11:04:54 provide you additional information.
11:04:55 >> So we should have that in November of this year.
11:04:58 >> Yes, sir.
11:04:59 >> All right, that's what I needed.
11:05:04 >>CHARLIE MIRANDA: Any other council members?
11:05:05 Ms. Mulhern?
11:05:07 >>MARY MULHERN: I just want to thank the estuary program,
11:05:10 the Sierra Club, and Ms. McLean especially for working
11:05:14 through this ordinance which we adopted, was it almost a
11:05:20 year ago, and doing all of this really hard work to protect
11:05:24 our Hillsborough River, and our water, and so I would just
11:05:31 be happy to read the substitute ordinance.
11:05:36 Does it need to be read?
11:05:38 >>CHARLIE MIRANDA: I haven't got to that point yet.
11:05:41 I am going to say one thing.
11:05:46 If you look at our water treatment plant or this type of
11:05:50 Howard occur ran plant, it's incumbent upon all of us no
11:05:56 matter hour and what you do, when that plant is producing
11:05:59 the type of water from the intake to where it goes out to
11:06:04 the base, the process is very expensive.
11:06:07 That process, water at the end, call it what you want to
11:06:12 call it, good water, bad water, indifferent water, is better
11:06:16 than 90% of the world's drink water.
11:06:19 That's how bad this earth really is.
11:06:21 This is water that we put on our lawns, and it's better than
11:06:25 90% of the world's drinking water.
11:06:28 We also, shortly, and we get to that point where we keep
11:06:36 growth in this area, those that have water will have
11:06:39 economic value.
11:06:40 Those that don't have water will have nothing.
11:06:45 When that bay started to be cleaned up through the process
11:06:48 of all of this room and many that are not here, made us a
11:06:51 more viable community.
11:06:53 When you look at minimum flows up in the Hillsborough River,
11:06:56 it's not only added value but added desire to people to come
11:07:01 down and see what we are doing and how we are doing it.
11:07:04 We have become a vocal point of all of this country and
11:07:09 maybe the world to see how we are doing things the right
11:07:12 These things are small steps, bulls a baby has to crawl
11:07:17 before it even takes small steps.
11:07:19 We passed a crawling stage and now we are taking our first
11:07:23 few steps.
11:07:24 And I'm proud to say that we have been part of this
11:07:28 together, and that we have worked together.
11:07:31 We have had some differences like all things, and we try to
11:07:34 work things out.
11:07:36 And you know what?
11:07:37 We have.
11:07:37 And this is the day of reckoning.
11:07:40 And I yield to Mrs. Mulhern on this ordinance.
11:07:43 Ms. Mulhern.
11:07:44 >>MARY MULHERN: Thank you, Mr. Chairman.
11:07:46 I move an ordinance of the city of Tampa, Florida amending
11:07:49 City of Tampa code of ordinances chapter 21, article 5,
11:07:53 regulating the use and sale of fertilizers containing
11:07:56 nitrogen and/or phosphorus within the City of Tampa amending
11:07:59 the city Tampa code of ordinances chapter 19 and 23 to
11:08:03 provide enforcement for the regulation contained within
11:08:06 chapter 21, providing for severability, providing an
11:08:09 effective date.
11:08:09 >> Second.
11:08:12 >> This is the substitute ordinance.
11:08:17 >>CHARLIE MIRANDA: Substituted.
11:08:17 I have a motion by Mrs. Mulhern, a second by Mrs. Capin to
11:08:20 substitute the ordinance as she read so eloquently.
11:08:24 All in favor of the motion?
11:08:26 The motion passes unanimously.
11:08:29 Thank you very much for appearing today.
11:08:30 >>THE CLERK: Second reading and adoption will be on May
11:08:34 3rd, 2012, at 9:30 a.m.
11:08:37 >>CHARLIE MIRANDA: May 3rd, 2012 at 9:30 a.m.
11:08:40 Thank you all very much.
11:08:41 Item number 46 is a -- we discussed earlier on the speakers,
11:08:48 and the development, an update available to us, a memo sent,
11:08:52 I believe, by Mr. Snelling for this item.
11:08:54 Anyone in the audience, from the administrative side?
11:09:00 Okay, this was to be received and filed.
11:09:01 Any other question by council members?
11:09:08 >>YVONNE CAPIN: Yes.
11:09:08 I did speak briefly -- not briefly, but extensively with Mr.
11:09:16 Snelling, but the idea that was brought up, and from what I
11:09:21 understand, there are city administration people on this
11:09:33 task force that the county is presenting, is putting forth.
11:09:41 It was supposed to be brought up on yesterday at the county
11:09:46 meeting but it was postponed and hopefully it will pass the
11:09:54 $2 million that they are looking for.
11:09:56 But one of the speakers brought up was to ask to have either
11:10:01 a city council member join the group, the task force, and I
11:10:09 think that's a good suggestion.
11:10:12 I would like to make that motion.
11:10:19 I'll be happy to join.
11:10:21 I would like to make that motion that we have City Council
11:10:25 member --
11:10:28 >>MIKE SUAREZ: Let me ask a question, Mr. Chair.
11:10:31 I read what was in the Trib.
11:10:34 >>CHARLIE MIRANDA: I am going to go like I wrote it down.
11:10:37 If you are going to speak directly to the motion, no
11:10:40 If not we have to go to Ms. Montelione.
11:10:42 >>MIKE SUAREZ: Okay, I am talking directly to the motion.
11:10:45 The task force itself is a private group.
11:10:49 I guess we could ask them to join it, but under county
11:10:55 government, correct?
11:10:56 Maybe I'm wrong.
11:10:57 >> It's a private group.
11:10:59 It's just that they have an elected official, Sandy Murman
11:11:02 on the county side, and the suggestion was for the city, and
11:11:05 we do have city administrators on this task force.
11:11:10 So it is -- I thought the suggestion was most appropriate,
11:11:16 and I would like to make that motion.
11:11:18 >> I have no problem with the motion.
11:11:24 >>YVONNE CAPIN: It's not -- not official from what I
11:11:30 >>CHARLIE MIRANDA: Before I go any further, if I may, I have
11:11:32 the next order is Ms. Montelione, Mr. Cohen.
11:11:36 I would like to ask the legal department to come back and
11:11:38 explain, because we are getting into another government
11:11:42 committee, and how is that done, do they invite us? We
11:11:47 can't invite ourselves.
11:11:48 >>SAL TERRITO: Legal department.
11:11:51 What you can do is request of them that they put somebody
11:11:53 from this council on their committee.
11:11:56 It's their choice.
11:11:58 >>YVONNE CAPIN: Thank you.
11:11:59 That would be my motion.
11:12:00 >>CHARLIE MIRANDA: And I know when you are in sensitive
11:12:03 areas like between two governments, this is part of whose
11:12:08 government primarily.
11:12:09 Please answer that.
11:12:13 >>SAL TERRITO: I'm not familiar with the group that you are
11:12:15 talking about right now, so I don't know who established it,
11:12:19 what the criteria are.
11:12:21 All I am saying is if you want to ask them to put one of you
11:12:24 on their committee, you can certainly make a motion to do
11:12:26 It's their decision.
11:12:27 I'm not sure what the makeup of it is.
11:12:33 >>CHARLIE MIRANDA: Mrs. Montelione.
11:12:34 >>LISA MONTELIONE: Thank you.
11:12:36 As I understand it, it's a group that was formed, not a
11:12:42 motion by the Board of County Commissioners.
11:12:49 I'm anticipating the answers from our legal department, but
11:12:52 it wasn't something that the board of county commission
11:12:55 formed a task force of.
11:12:58 So I'm not sure how we would ask Hillsborough County
11:13:01 commission to put a member on that board because it was a
11:13:05 private group, and it includes people from the private
11:13:07 sector, it includes people from the public sector, but it
11:13:10 was something as I understand that commissioner Murman
11:13:16 initiated herself, not as a an elected official or not by
11:13:23 any motion of this Board of County Commissioners.
11:13:26 And that's my understanding of it.
11:13:28 But I would like to put Mr. Corrada on the spot, bus when we
11:13:36 talked about having a member of the administration familiar
11:13:39 with this group, or the effort, the number 2 man, Mr.
11:13:47 Corrada, might be able to shed some light on a 30,000-foot
11:13:52 level, so to speak, of what this group is looking at.
11:13:55 I mean, personally, I know, but I don't know that it's my
11:13:59 place to speak about their actions.
11:14:02 I mean, I have had discussions with a couple of members of
11:14:06 that group, but I don't know, because it is a private
11:14:12 effort, and because there are negotiations in the works with
11:14:16 private partnerships, I'm not sure I'm at liberty to speak
11:14:19 about it.
11:14:23 >>CHARLIE MIRANDA: I understand.
11:14:25 I think you have to be invited.
11:14:27 >>LISA MONTELIONE: It's not even a matter of being invited,
11:14:30 eights matter of jeopardizing the current negotiation.
11:14:32 >>SANTIAGO CORRADA: Chief of staff.
11:14:36 Dennis Rogero is staff liaison to the committee, and we also
11:14:40 have Thom Snelling and Gloria Moreda attending the meetings.
11:14:44 I believe that the comments that have been made are
11:14:47 accurate, that the committee was formed through commissioner
11:14:51 Murman's leadership, and it includes private sector as well
11:14:54 as public sector personnel employees, leaders, and they have
11:15:00 been working on solutions.
11:15:02 Our staff has been attending as liaison, but I don't believe
11:15:05 they are officially a part of the committee.
11:15:07 >> Do you know if it's an official act of the Board of
11:15:13 County Commissioners that created the committee?
11:15:16 >> I don't believe so.
11:15:17 However, I believe that the county, Board of County
11:15:20 Commissioners, the committee and what they are working on,
11:15:23 because they expect, I believe association recommendations
11:15:25 to come before them as well.
11:15:29 >>CHARLIE MIRANDA: Mr. Cohen?
11:15:34 >>HARRY COHEN: I'm supportive of asking for a motion to ask
11:15:37 they include someone from City Council on the committee.
11:15:39 But I wanted to make a larger point in response to some of
11:15:45 the public comments that was made earlier about why this
11:15:48 item is on the agenda every other week.
11:15:53 We put this item on the agenda every other week,
11:15:56 specifically because we didn't want it to disappear from
11:15:59 public view.
11:16:00 We wanted to constantly be bringing the light of day back to
11:16:04 shine a light on this problem so that it wouldn't just get
11:16:07 swept under the rug.
11:16:09 And when the original motion was made, everyone, I think,
11:16:13 recognized that we wouldn't necessarily have anything new to
11:16:18 report every two weeks.
11:16:20 But by keeping this conversation constantly going, it
11:16:23 reminds us to continue to work on it, to continue to look
11:16:27 for solutions, and to continue to try to find ways to work
11:16:31 with this county group that's been organized to try to deal
11:16:35 with the difficult problem.
11:16:36 I think it's a good thing that it appears every two weeks.
11:16:39 And I just wanted to say to the person that made that public
11:16:42 comment that a number of us meet with city staff, Mr.
11:16:46 Snelling in particular, on a regular basis to get updates on
11:16:51 what's going on.
11:16:52 And it's really because of the fact that this item
11:16:58 continually recurs on the agenda.
11:17:02 >>CHARLIE MIRANDA: Thank you.
11:17:02 Any other council members?
11:17:03 Ms. Mulhern?
11:17:04 >>MARY MULHERN: Thank you, Mr. Chairman.
11:17:06 Thank you, Mr. Cohen, for pointing that out, and the reason
11:17:17 it got started is the proposal not only from the
11:17:21 administration, the mayor, and it was actually the former
11:17:24 mayor that this council passed a ban on panhandling, that's
11:17:30 when all this discussion started, before, when two or three
11:17:38 of us were on this council.
11:17:40 So that's what started this council's demanding that the
11:17:45 city look into what we could do about our problem, and
11:17:53 everyone on this council has been working individually, and
11:17:55 as a council to try to help with this problem.
11:18:01 So I just wanted you to know, and it's interesting because
11:18:04 part -- the first committee that was formed to talk about
11:18:10 the panhandling ban was comprised of a lot of people that I
11:18:15 think are on this committee but not the private people who
11:18:18 are working on it.
11:18:20 But council was discouraged from even attending those
11:18:26 So we had the county and the city, and the county
11:18:30 commissioners, and county administrator, and the sheriff,
11:18:34 and TPD, all meeting at the county center to talk about what
11:18:38 we were going to do about the panhandling problem.
11:18:41 And in that discussion was also homelessness, and council
11:18:46 was told we couldn't have more than one of us there because
11:18:50 it was a sunshine violation.
11:18:52 So our attempt to do anything to get involved in any way was
11:18:56 a problem that has been not exactly welcomed.
11:19:00 So I think Councilwoman Capin's suggestion was very good but
11:19:12 also want to say that my volunteering to be part of this
11:19:15 committee were being formed were never even answered and I
11:19:20 don't know if other council members have that experience,
11:19:22 But -- I have the floor, thank you -- it would be a good
11:19:29 idea to get someone on that committee.
11:19:31 I also wanted to point out, I think someone else pointed it
11:19:33 out that there was an editorial about the county possibly be
11:19:40 involved and committing, I think, $2 million but they did
11:19:44 not vote.
11:19:45 I think Councilwoman Capin said that already.
11:19:49 I think we have been pushing for this.
11:19:51 And hopefully they are listening to us and we can support
11:19:54 them in this effort.
11:19:57 To put some money toward that.
11:20:01 And I also wanted to say that there was a citizens group
11:20:07 that was working on trying to solve the problem as it
11:20:10 related to the restrictions on panhandling and the arrests
11:20:18 that were going to occur from that, and that was a big
11:20:21 project with some volunteers which I think a lot of us were
11:20:25 involved in, and I think that that's going to start revving
11:20:29 up again, too.
11:20:30 It's not necessarily something that's going to be part of
11:20:32 this big committee or this council but I think there are
11:20:38 people working onto.
11:20:40 So I just wanted to defend us because I think we have been
11:20:44 doing everything we can without any, now, having the
11:20:48 administrative support, because we don't have that as a
11:20:53 We have our one each and we have to work individually, and I
11:20:58 think everybody is here doing everything they can. Anyway,
11:21:02 I think someone seconded your motion. If not, I second the
11:21:04 motion to have a council person.
11:21:10 >>CHARLIE MIRANDA: Well, to call for the question on the
11:21:13 floor -- we Pete that motion again because I heard 14
11:21:15 different versions here out of five people.
11:21:19 >>YVONNE CAPIN: Thank you.
11:21:19 The motion is to ask this group that is working on this
11:21:24 homeless effort, and from all that I have heard and been
11:21:28 able to, it is hopefully coming to fruition, and it is to
11:21:36 ask that a City Council member be able to at least sit in on
11:21:43 the meetings.
11:21:46 >>CHARLIE MIRANDA: Well, let's be more specific, if I may,
11:21:48 Ms. Capin, to ask who?
11:21:50 Ms. Murman?
11:21:50 The county commission?
11:21:51 I don't know.
11:21:53 >>YVONNE CAPIN: It would have to be Ms. Murman.
11:21:55 That's the only one we No. I November others but not -- that
11:21:59 will remain private so, Ms. Murman would be the point person
11:22:02 on this, and that's who we would ask.
11:22:04 >>CHARLIE MIRANDA: Okay that motion is made by Ms. Capin,
11:22:06 seconded by Mr. Reddick.
11:22:13 All in favor of that motion made by Ms. Capin, seconded by
11:22:17 Mr. Reddick, all in favor?
11:22:20 The ayes have it unanimously.
11:22:21 You want to make another motion?
11:22:23 You are entitle to. Ms. Montelione.
11:22:24 >>LISA MONTELIONE: I guess I will have to formulate the
11:22:34 motion as I wanted to speak towards getting involved in
11:22:42 this, and I wanted to speak to something that Ms. Mulhern
11:22:45 had mentioned that one of us could attend the meeting, and
11:22:51 this is probably before we were elected, but one of cows
11:22:54 attend the meeting because of the sunshine law but not more
11:22:56 than one.
11:22:57 And my question is, did anybody go?
11:23:03 So --
11:23:08 >>CHARLIE MIRANDA: Let me say this here.
11:23:10 Whoever wants to be on this committee, I am going to make a
11:23:14 suggestion to all of you, send a letter to Mrs. Murman, ask
11:23:18 to be part of that committee, if you want to do it.
11:23:20 Because it's their committee.
11:23:22 But you have the floor, Mrs. Montelione.
11:23:24 >> Thank you.
11:23:24 At this point, I would like to announce and make as a motion
11:23:30 that -- and maybe this will have to be publicly noticed as a
11:23:36 meeting of council, but there is a kickoff meeting on April
11:23:42 23rd, 2012, from 11 a.m. to 1 p.m. of the 100 home Tampa
11:23:53 and Hillsborough County priority community initiative.
11:24:02 This initiative is in conjunction with the U.S. department
11:24:07 of urban and housing development, HUD, the United States
11:24:13 Interagency Council on Homelessness.
11:24:18 The welcome and introductions by the Homeless Coalition
11:24:21 board president and Hillsborough school district board chair
11:24:24 Candy Olson, Mayor Bob Buckhorn, commissioner Sandy Murman,
11:24:29 and myself.
11:24:39 This charrette process is kicking off a program to address
11:24:46 homelessness in Hillsborough County and the City of Tampa.
11:24:47 So taking steps rectify or at least take steps to initiate
11:24:52 programs that address homelessness is ongoing.
11:24:59 So if anyone would like to attend this meeting, this kickoff
11:25:05 on April 23rd, again from 11 to 1, as any of the other
11:25:11 meetings that are scheduled there, taking place from April
11:25:18 through July of this year.
11:25:20 I have a schedule, and I have the background information,
11:25:25 and any and all council members, if you plan on attending, I
11:25:28 guess we'll have to notify the clerk's office and publicly
11:25:32 notice these meetings and arrange for them to be recorded as
11:25:39 additional meetings of council.
11:25:40 >>MARTIN SHELBY: If this takes place on April 23rd,
11:25:45 today being the 19th, there would be no opportunity for
11:25:48 this council to then make --
11:25:52 >>LISA MONTELIONE: Well, the ceremonial kickoff.
11:25:55 I guess the work would then truly begin with the logistical
11:25:58 decision community meeting. Outreach locations on May 11.
11:26:10 >>MARTIN SHELBY: Do you know whether these are noticed
11:26:12 public meetings and are recorded?
11:26:16 >>LISA MONTELIONE: I do not believe they are noticed public
11:26:19 meetings being that myself, Commissioner Murman and Candy
11:26:23 Olson do not sit on other boards subject to Sunshine.
11:26:26 >>MARTIN SHELBY: Then my recommendation to Council would be
11:26:29 to be very cautious if you were to attend and be an observer
11:26:33 and not participate.
11:26:34 >>LISA MONTELIONE: That's why I make the motion to have
11:26:38 them publicly noticed so other members of council would be
11:26:41 able to attend if they so choose.
11:26:43 >> That's your motion to do that then?
11:26:48 To make these --
11:26:51 >>LISA MONTELIONE: Make it as inclusive as possible, yes,
11:26:53 >>MARTIN SHELBY: The question I have, then is, is it the
11:26:57 intent of the committee to have these as a Sunshine board?
11:27:03 >>LISA MONTELIONE: Of the committee, the homeless
11:27:05 No, it is not.
11:27:06 I am doing that as an offer to other council members that
11:27:10 they are welcome to attend, because I know that if they do
11:27:12 attend, they wouldn't be able to speak at these meetings.
11:27:19 And if everyone wants to be involved, I want to be able to
11:27:22 allow them the opportunity to do so.
11:27:27 >>CHARLIE MIRANDA: I have Ms. Capin and Mrs. Mulhern.
11:27:31 >>YVONNE CAPIN: I want to clarify the motion as to who is to
11:27:34 contact Ms. Murman, because each one of us writing alert, I
11:27:38 will be happy to contact Ms. Murman and ask her, and if they
11:27:45 will accept it or not, and at that point, they can determine
11:27:49 who they would like to have on that committee.
11:27:52 >>CHARLIE MIRANDA: Mr. Shelby.
11:27:52 >>LISA MONTELIONE: This group is not connected --
11:27:58 >>CHARLIE MIRANDA: Mr. Shelby.
11:27:59 >>MARTIN SHELBY: You are referring back to your motion that
11:28:01 was made, and what you are asking for is a motion to amend?
11:28:05 Or clarifying?
11:28:06 >>CHARLIE MIRANDA: I said earlier that whoever wants to be
11:28:09 on this group, that commissioner Murman -- write a letter
11:28:16 directly to her.
11:28:16 This is not my group.
11:28:18 This is somebody else's group.
11:28:19 This is not our group.
11:28:20 This is somebody else's group.
11:28:22 So therefore they should communicate with that party. And
11:28:26 that's all that I said.
11:28:28 I don't have the right to appoint anyone to somebody else's
11:28:31 committee when I myself am not invited.
11:28:35 >>YVONNE CAPIN: Nobody is pointing -- may I please clarify?
11:28:38 What I am clarifying is an amendment to my motion that we
11:28:41 here voted that, yes, we would ask, and I'm saying that the
11:28:48 point person was Sandy Murman, and I'm saying that if this
11:28:54 council -- the amendment is, I would be happy to ask, to be
11:28:57 the person to ask, not to ask which ones to be appointed or
11:29:00 not appointed, at that point, they can ask whoever they
11:29:04 want, if they decide that they want someone from our council
11:29:09 on the board.
11:29:10 >> Second the amendment.
11:29:13 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second bid
11:29:15 Mr. Reddick.
11:29:16 All in favor of the motion please indicate by saying aye.
11:29:19 Opposed nay.
11:29:20 The ayes have it unanimously.
11:29:21 I can see by the eyes we are wearing ourselves out.
11:29:24 We don't have that enthusiasm on the ayes and nos anymore.
11:29:29 [ Laughter ]
11:29:30 Ms. Mulhern.
11:29:31 >>MARY MULHERN: Thank you, Mr. Chairman.
11:29:36 Before this amended motion, I wanted to speak to -- was that
11:29:44 a motion?
11:29:47 Okay, I wanted to speak to you because you asked me a
11:29:50 question, or questioned something I had said.
11:29:53 So in light of -- I guess I have one question.
11:30:01 I have one question.
11:30:04 The committee, the meeting and the committee that you were
11:30:07 just talking about, is that the same thing we have been
11:30:09 talking about in the paper?
11:30:13 That's what I tried to clarify --
11:30:15 >> It was not.
11:30:16 I was trying to clarify that.
11:30:18 >>LISA MONTELIONE: So clearly everybody is working on this
11:30:21 Then the other thing I want to do to say with regard to your
11:30:26 meetings that you just referred to, what I was talking about
11:30:34 was a problem, because your predecessor was going to all
11:30:38 those meetings with the county.
11:30:40 And I wanted to go.
11:30:42 So I did go to one of those meetings.
11:30:44 And I did hear from legal -- I don't know if they told me I
11:30:55 couldn't talk or told me there was a problem with it.
11:30:58 So if indeed you are going to invite other people to this
11:31:00 meeting, it probably will be a problem.
11:31:03 So it probably doesn't make sense for more than one council.
11:31:08 I just wanted to clarify since you asked.
11:31:10 >>LISA MONTELIONE: Well, my motion was to notice the
11:31:12 meetings in the sunshine so there wouldn't be a problem so
11:31:15 that council members would not be dead, so to speak, so that
11:31:23 if you wanted to attend one of these meetings that I
11:31:25 mentioned of this initiative, you would be able to attend,
11:31:28 because it would be public.
11:31:28 (Overlapping conversations)
11:31:31 >>CHARLIE MIRANDA: I am going to -- I am not going to have a
11:31:33 >>MARY MULHERN: Is it a problem if you have more than one
11:31:39 council person there discussing policy that might come in
11:31:41 front of us?
11:31:42 >>MARTIN SHELBY: Well, what would have to happen pursuant
11:31:44 to the public meetings law, if council does do this, it
11:31:47 would have to be covered, it would have to be posted, have
11:31:51 to be open to the public, have to be accessible, have to
11:31:55 have minutes taken, and generally recorded.
11:31:58 In some fashion.
11:32:00 And normally, if it's a meeting of this council, that's
11:32:02 usually a function of not that committee but it would
11:32:08 ultimately have to be accessible to the clerk's office to
11:32:12 have those minutes for somebody to see them, because it
11:32:14 would be a function of council.
11:32:15 >>MARY MULHERN:
11:32:19 >>LISA MONTELIONE: Right.
11:32:20 Which is my motion, to go ahead and do that as a preemptive
11:32:23 measure so that at any time if another member of council
11:32:26 wanted to show up they would be able to do that, and they
11:32:29 would be free to come to the meeting or -- you know, being
11:32:33 that this is a committee of a federal initiative, I'm sure
11:32:39 that it is a public meeting.
11:32:40 It is open to the public, not to say that it is publicly
11:32:43 noticed specifically to our rules as a council.
11:32:46 So I wanted to cover that, so that our rules of council
11:32:50 would be adhered to, and that we would be able to have one
11:32:55 of our members -- for instance, council member Suarez and I
11:32:59 were at USF speaking about items that come before council.
11:33:04 We were asked about ordinances, we were asked many things.
11:33:07 That was a publicly noticed meeting, we had minutes
11:33:09 recorded, and I am just attempting to do the same thing for
11:33:12 these meetings that we do in a common circumstance that Mr.
11:33:17 Suarez and I were at USF speaking.
11:33:20 So the subject matter is different but the intent is the
11:33:23 same to make it open and accessible to all members of
11:33:25 council if they so choose.
11:33:27 I do want to point out that although we are talking about
11:33:31 two separate committees, the one that was referenced in the
11:33:34 earlier motion, and this committee, they are working on two
11:33:40 separate initiatives, but they include the same people.
11:33:44 So I did want to clarify that the same individuals who are
11:33:47 on the committee that we referred to earlier, the
11:33:52 public-private group that is -- that commissioner Murman's
11:33:57 name was mentioned in, is in essence the same group of
11:34:02 people that will be part of the homeless initiative that I
11:34:07 Just to clarify.
11:34:09 They are two separate groups but they do involve the same
11:34:13 >>CHARLIE MIRANDA: Wow.
11:34:14 You it's like having two different families but all being
11:34:18 united at the hip.
11:34:19 >>LISA MONTELIONE: So my motion was to publicly notice
11:34:22 these meetings to allow other members of council to attend,
11:34:25 if they so choose.
11:34:28 >>CHARLIE MIRANDA: Okay.
11:34:29 Now, that being said, does the clerk's office have to record
11:34:40 Who records these items?
11:34:41 >> that's the question, Mr. Chairman.
11:34:44 >>CHARLIE MIRANDA: I don't know what the budget is of the
11:34:46 clerk's office.
11:34:46 I don't know what they have, I don't know what they don't
11:34:48 have available to do these.
11:34:49 Somebody is going to have to record these things.
11:34:54 Does this committee or the rest of the members know what we
11:34:56 are doing that will be, quote-unquote, committees?
11:35:00 >>MARTIN SHELBY: That's also a valid question,
11:35:04 Mr. Chairman, because if the action of this board creates a
11:35:06 sunshine board when there was no intention to do so, that
11:35:09 could be problematic.
11:35:10 For them.
11:35:11 I don't know the answer to that, which is why I am raising
11:35:14 the issue.
11:35:15 A recommendation might be for council not to go to the
11:35:17 opening and then raise the issue at the committee, and then
11:35:20 bring it back and see what the discussion might be from
11:35:23 >>CHARLIE MIRANDA: I was going to suggest that myself.
11:35:25 I'm glad you brought it up.
11:35:31 This is in the embryo stage. If someone wants to bring it
11:35:36 up in committee, they may say, we don't want nobody here.
11:35:40 I don't know what they are going to say.
11:35:41 We may want everybody hear.
11:35:43 Then you have to turn the wheel in motion.
11:35:44 But I'm looking for a way out.
11:35:49 How I do solve these problems without committing resources
11:35:52 from the clerk's office, which I'm sure they don't have.
11:35:56 Mr. Suarez.
11:35:56 >>MIKE SUAREZ: I would agree with you, Mr. Chair.
11:36:00 Last year there was an MPO type charrette, that myself, and
11:36:05 I don't know who else from council, but there were several
11:36:07 county commissioners there.
11:36:08 I think that was publicly noticed and I think that one was
11:36:11 I think that at the point with the group concerning the HUD,
11:36:17 I think that your point is well taken that somebody should
11:36:22 probably be there and mention that there may be several
11:36:24 members that want to be involved, and if that's the case,
11:36:26 there is a sunshine law problem that we have.
11:36:29 In terms of the private group that was led by Ms. Murman,
11:36:35 I'm not sure how to deal with that other than the fact that
11:36:38 if two members are going to be there, we are going to have
11:36:40 to go back, come back here to our council, and then I guess
11:36:44 request that those meetings be recorded, and noticed per the
11:36:50 Thank you.
11:36:52 >>CHARLIE MIRANDA: Any on the comments at this time?
11:36:54 I want you to know I am going to lose a council member in
11:36:56 about 15 minutes on a very important issue for the community
11:36:59 that council member is working on.
11:37:05 >>YVONNE CAPIN: Yes, Mr. Chair, this is a question to Ms.
11:37:08 You said in essence the group is the same.
11:37:11 When you say in essence, is the private sector also the
11:37:14 >> I don't believe I have a full list of the private sector
11:37:28 partners that are going to be part of this group.
11:37:38 I don't have the list in the file of the private sector
11:37:40 But all the elected officials, as I mentioned candy Olson,
11:37:53 myself -- and the Executive Director, the president of the
11:37:58 homeless coalition, is also going to be there.
11:38:02 And in lag over the materials in this meeting format, the
11:38:10 charrettes do look to be recorded.
11:38:17 >>YVONNE CAPIN: Thank you for that answer.
11:38:18 >>LISA MONTELIONE: I could get a list of --
11:38:23 >>YVONNE CAPIN: You just said in essence, and I just wanted
11:38:26 to know because you are in the group so basically it is not
11:38:29 the same group.
11:38:30 And thank you for the invitation to join.
11:38:36 We will look forward to the report later on.
11:38:41 >>CHARLIE MIRANDA: Okay, any further items on 46?
11:38:44 All right.
11:38:45 We have that.
11:38:47 47, to provide streamlining process.
11:38:52 Yes, sir.
11:39:03 >> Maurice Rodriguez with the legal department on item 47.
11:39:07 You asked that I come and present to you the different
11:39:10 criteria that we use for street closures and possible ideas
11:39:15 of streamlining that process.
11:39:17 What's being handed to you right now is a brief summary that
11:39:20 I created and parks and recreation created of what the
11:39:24 current process is and what we take into consideration when
11:39:29 reviewing an application regarding street closure.
11:39:32 As you know, the current time frame is 90 days.
11:39:35 And in those 90 days, the majority of the time is spent
11:39:40 analyzing the site plan that is submitted as part of the
11:39:45 The site plan includes, you know, the location of the
11:39:47 vendors, the tents, the stalls and stages that will be
11:39:52 constructed during an event, the location of the event,
11:39:59 identifies adjacent streets and how they are going to be
11:40:02 We go to emergency management services and security services
11:40:05 for the event, restroom facilities, and most importantly the
11:40:11 parking and traffic control plan.
11:40:13 You will see we contained of broke that down a little bit
11:40:16 more, because if we do impact state roads, contact FDOT for
11:40:25 the permit, and if it's across a railroad we need to contact
11:40:31 CSX for permission to cross their railroad and all of this
11:40:36 adds time into the process.
11:40:38 As you can imagine, our site plan has been reviewed by many
11:40:42 city departments, and usually involves seven to ten
11:40:46 different departments.
11:40:50 Everyone in parks and recreation trays to expedite this
11:40:52 process as quickly as possible.
11:40:54 They indicated that using the initial review by all the city
11:40:58 departments is done within 10 to 14 days, and that kind of
11:41:03 gets us back to the events.
11:41:06 And usually, there's some issues with the initial
11:41:10 application, denying the application, parks and recreation
11:41:15 has made it a point to work with all applicants to work out
11:41:17 any issues that are an application, if there's inadequate
11:41:24 security or the traffic control plan needs to addressed, and
11:41:28 the proposed solution, and we provide the amount of time go
11:41:35 back and consider our proposal or come up with our own
11:41:39 That adds additional time to the process.
11:41:44 And one thing to mention, that every time we amend the
11:41:47 application, city departments have to revise their costs
11:41:52 because we do charge for security services, and those are
11:41:55 things that we like to provide upfront to the applicant so
11:41:58 they can take that into consideration when budgeting their
11:42:05 Currently, we looked at two weeks for the initial review,
11:42:08 two to three weeks with the promoter, then two weeks for a
11:42:12 follow-up, then another two to three weeks to give the
11:42:16 application time to City Council agenda.
11:42:17 Currently, the code does require that all applications for
11:42:24 street closures come before City Council for their approval.
11:42:26 And I would like to point out that City Council review any
11:42:30 application that we submit, it is limited to eleven
11:42:35 different reasons for denial.
11:42:40 I would like to point out City Council for the group of
11:42:47 organizations, or the public group.
11:42:51 If the reason for denying is not listed in section 28-21 of
11:42:55 the code, City Council cannot deny the application.
11:42:59 And based upon parks and recreation rules, they currently,
11:43:06 before they even submit an application to you, make sure all
11:43:12 the requirements in section 201 are staffed.
11:43:16 We don't want to submit an application to you that is
11:43:18 incomplete or insufficient.
11:43:20 That would require City Council to deny it.
11:43:24 And based upon our review, staff recommends that we can
11:43:32 streamline the process.
11:43:35 (Bell sounds)
11:43:38 Is that my time?
11:43:40 Staff does recommend that we can streamline the process of
11:43:45 50 days, would ab 30 day reduction, but in order to make
11:43:48 that happen, we would ask that City Council provide us the
11:43:53 direction to amend the code and remove the requirement that
11:44:00 we submit all applications to City Council for their
11:44:02 (Bell sounds)
11:44:04 And instead, parks and recreation would be more than
11:44:07 happy -- I will just keep going, Councilwoman.
11:44:10 Parks and recreation provide a monthly report to City
11:44:13 Council of all the different events that will require street
11:44:18 And if City Council has any questions, parks and recreation
11:44:21 or myself would be available to appear on staff reports to
11:44:24 answer any questions that City Council would have.
11:44:28 >>CHARLIE MIRANDA: Any questions at this time?
11:44:29 Let me say this.
11:44:30 What happens is if we agree to this, and all of a sudden
11:44:35 instead of 60 days it's 66 days?
11:44:37 Is that null and void?
11:44:39 You have gone over your limit.
11:44:42 From the authority given you by statute.
11:44:46 I want an answer yes or no I.don't want a debate.
11:44:49 >> Yes.
11:44:51 >>CHARLIE MIRANDA: It's void then.
11:44:52 The process starts over?
11:44:53 >> Yes.
11:44:54 Assuming the applicant would like to hold the city to the
11:44:59 60-day requirement.
11:45:02 >>CHARLIE MIRANDA: Well, we can't assume things if there is
11:45:03 now the process which you so eloquently put out which we
11:45:09 agree is cumbersome, and we change it and say we are going
11:45:12 to be reduce it from 09-some days to 60. All of a sudden it
11:45:16 passes 630 days.
11:45:18 Legally, is that capoot, gone, bye bye?
11:45:23 >> We could create a provision in there of creating the
11:45:25 ability --
11:45:27 >>CHARLIE MIRANDA: I want to hold to you what you say, not
11:45:29 you, the city.
11:45:30 >> Right.
11:45:31 >>CHARLIE MIRANDA: If you are telling us this is what we are
11:45:33 going to do and how we are going to do it, then it better
11:45:35 than done that way or it's gone.
11:45:37 >> Right.
11:45:37 Currently with the 90 days, there would the same problem
11:45:40 under the 90 day requirement.
11:45:42 If we receive an application 735 days from the event --
11:45:46 >> So parks and recreation, do you want to say something?
11:45:50 >> Linda car locks City of Tampa office of special events.
11:45:56 I want to clarify, that's in existence now.
11:46:02 It's the time period for the applicant, not the time period
11:46:05 we have to review.
11:46:06 The requirement is that the applicant would file 30, 60, 90
11:46:10 days prior to the date of the event.
11:46:11 We try to expedite the permitting process and get it back to
11:46:14 them as soon as possible, so what this would do would mean
11:46:18 that they would have -- they could file closer to the event.
11:46:21 We would turn around the event in probably about 30 days to
11:46:25 have them their permit.
11:46:28 >> Linda, I understand exactly what you said, I think, but
11:46:31 you said the applicant has a set date.
11:46:33 But then when you spoke about the city, you say, well,
11:46:36 maybe, and if, and we can extend.
11:46:38 I want the same restrictions on the city as I want on the
11:46:41 >> If it takes 60 days, they would have an answer in 60
11:46:45 >> If you have something with them, they have so many days
11:46:48 before the event to schedule it, and you only have so many
11:46:51 days to a profit.
11:46:53 So I want sped dense I on both sides, not on one side only.
11:46:58 Do you follow me?
11:46:59 >> I do. I do. And if their application and everything is
11:47:03 correct and it moves through the process, as long as we
11:47:06 don't have to go back and forth with them to make
11:47:08 corrections, we expedite that as quickly as we can.
11:47:11 And in an average of about 30 days.
11:47:14 >>CHARLIE MIRANDA: I would imagine if their application is
11:47:16 corrects meaning what they said, reviewed at that instance
11:47:22 by whoever accepts it and says item G-1 is not there, I'm
11:47:25 not taking it, so it's got to be resubmitted, so that date
11:47:29 doesn't start until the resubmission.
11:47:31 That's what I think is going to hoop, I hope.
11:47:33 >> Correct.
11:47:35 >>CHARLIE MIRANDA: Okay.
11:47:37 Thank you.
11:47:44 What action, if any, do you need?
11:47:46 >> I think a motion by council directing legal to revise
11:47:49 chapter 28 of the code to change the filing period from 309
11:47:55 days to 60 days.
11:47:59 >>CHARLIE MIRANDA: As described here.
11:48:01 >> Yes.
11:48:02 And if you would like a time certain for city's response to
11:48:06 the applicant we can include that.
11:48:09 >>YVONNE CAPIN: I would like to make the motion for the
11:48:13 committee of cultural arts that city economic development --
11:48:17 may I?
11:48:21 >> Make sure your motion includes that we can remove the
11:48:23 requirement that we have to submit applications for City
11:48:26 Council to bring to you.
11:48:32 >>YVONNE CAPIN: Which is A and B.
11:48:34 I would like to make a motion to --
11:48:40 >>CHARLIE MIRANDA: Go on, he's asking another question.
11:48:43 >>YVONNE CAPIN: Make a motion to reduce the following period
11:48:44 for application force street closures to 60 days, from 90
11:48:49 days, and also to revise the code, which is chapter 28, so
11:48:57 applicants do not require City Council approval application,
11:49:03 and as part B, require parks and recreation to provide City
11:49:07 Council a monthly report of scheduled events that requires
11:49:12 street closure if City Council has questions, then require
11:49:15 parks and recreation to appear on staff reports.
11:49:17 >> I have a motion by Ms. Capin, second by Mr. Reddick.
11:49:23 Any further discussion?
11:49:25 And at the time you bring it back we'll discuss that
11:49:29 All in favor?
11:49:30 The ayes have it unanimously.
11:49:35 We are down to the fab four.
11:49:41 Not personally.
11:49:43 Item number 48.
11:49:45 >>MIKE SUAREZ: I make a suggestion we take 48 and 50
11:49:58 together if that's possible.
11:50:00 >>CHARLIE MIRANDA: 48 and 50, could we take them together?
11:50:03 They are both about meat and bread.
11:50:06 [ Laughter ]
11:50:11 >>MARTIN SHELBY: Item 48 is the resolution designating and
11:50:20 authenticating the historic Cuban sandwich pursuant to what
11:50:26 has been previously submitted by Councilwoman Capin as
11:50:29 amended by City Council, and I followed the direction and
11:50:32 prepared the resolution that you have before you.
11:50:41 >>CHARLIE MIRANDA: Thank you for the remarks.
11:50:42 And I believe that was Ms. Capin's remarks earlier.
11:50:48 >>YVONNE CAPIN: Since we are taking 48 and 50 together, I
11:50:50 would like to -- I am going to talk to 5.
11:50:58 May I at this time?
11:51:01 >>CHARLIE MIRANDA: Certainly.
11:51:02 >>YVONNE CAPIN: The idea of trademark was to protect the
11:51:04 original Tampa historic Cuban sandwich, not limit or stop
11:51:10 the creativity that comes with the culinary business.
11:51:18 The legal ramifications is beyond the intent of simply
11:51:23 defining and protecting and I want to make sure that's
11:51:25 exactly what we are looking at, the historic Tampa Cuban
11:51:29 sandwich, so it is better to be cautious on the side of
11:51:35 defining it if the trademark were to have legal
11:51:39 ramifications on who could serve the sandwich or how it
11:51:45 would be served.
11:51:47 >>SAL TERRITO: Legal department.
11:51:47 If you were to use that as trademark only the City of Tampa
11:51:50 could use that phrase.
11:51:51 >> So we are protecting the phrase Tampa historic --
11:51:56 >> That has to come to you. If anybody else wanted to use
11:51:59 that phrase, they have to come to the city and ask
11:52:01 permission to use it.
11:52:02 Just like a trademark.
11:52:03 Like the city seal.
11:52:05 Exactly the same.
11:52:05 I don't think that was your intention.
11:52:08 >>YVONNE CAPIN: Narcs it was not my intention.
11:52:10 That's real micromanage.
11:52:12 >> You would own the trademark.
11:52:15 They would have to come to you with permission to use that
11:52:20 >>YVONNE CAPIN: After I looked at it further, I came to the
11:52:22 same conclusion.
11:52:23 But I just wanted to refer to that.
11:52:25 So I am willing to, on 50, to not trademark it.
11:52:36 >>CHARLIE MIRANDA: So you don't want to trademark it.
11:52:38 You want to leave it the way it is, with or without the
11:52:41 mustard, mayonnaise, lettuce and tomatoes.
11:52:46 How else do you want it?
11:52:47 Do you want it cooked?
11:52:48 >> I don't like my meat raw.
11:52:50 >> We are not Miami, okay?
11:52:54 Let's talk about what's important here.
11:52:55 >> It's called ME-ami depending on where you are from.
11:53:00 >>MARY MULHERN: I don't see Manny Lito here, but he's in
11:53:06 between the Cuban sandwich --
11:53:09 I thought he -- [ Laughter ]
11:53:14 >> All right, so that was 50.
11:53:16 Ms. Capin, do you want to move 50 and we'll go on from
11:53:21 You don't want to trademark it.
11:53:23 Just make that --
11:53:26 >>YVONNE CAPIN: Yes, I would like to move item 50.
11:53:30 >>CHARLIE MIRANDA: Without the trademark?
11:53:33 >>YVONNE CAPIN: It's actually 48 is the resolution, without
11:53:38 So I will read the resolution.
11:53:42 >>CHARLIE MIRANDA: Okay.
11:53:44 >>YVONNE CAPIN: The resolution. City of Tampa, City Council
11:53:46 of the City of Tampa defining designating and authenticating
11:53:51 historic Tampa Cuban sandwich as Tampa's signature sandwich
11:53:56 providing an effective date.
11:53:56 >> Second.
11:53:58 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mr.
11:54:01 All in favor of the motion?
11:54:03 The ayes have it unanimously.
11:54:06 Let me hold 350 for a second.
11:54:07 We are going take that off the agenda?
11:54:10 All right, make a motion to remove 50 by Ms. Capin.
11:54:13 Second by Mr. Suarez.
11:54:14 All in favor of the motion please indicate by saying aye.
11:54:17 Opposed nay.
11:54:18 The ayes have it unanimously.
11:54:19 Item 49 is the appointment.
11:54:21 I need to move the resolution.
11:54:28 Motion by Mrs. Capin, second by Ms. Mulhern on item 49.
11:54:32 All in favor?
11:54:33 The ayes have it unanimously.
11:54:35 Item number 51.
11:54:37 I don't know if the department head is here regarding this
11:54:45 There was a motion with information to receive and file this
11:54:53 Any other discussion by council members on item number 51?
11:54:55 >> I thought she had a PowerPoint.
11:54:59 >> In the dark room there, make sure the PowerPoint was
11:55:08 >> Jean Duncan, City of Tampa transportation division.
11:55:15 We had shared a report with you regarding the bicycle safety
11:55:20 action plan that's in your packet.
11:55:24 The they're were a couple of slides added to the PowerPoint.
11:55:27 I just wanted to make you aware of basically the same
11:55:33 We are here to share with you information about the three
11:55:36 aspects of our bicycle safety action plan, those being
11:55:41 education, enforcement, and engineering.
11:55:44 We have the Hillsborough County MPO to do a short PowerPoint
11:55:51 to go over the overall plan.
11:55:56 Overs Delgado here with Tampa Police Department to give some
11:56:00 information about enforcement.
11:56:02 As you are fully aware, the city and the county made
11:56:06 separate motions some time ago for the City of Tampa to work
11:56:12 with other transportation agencies to come up with an
11:56:15 overall plan to be implemented that will improve bicycle
11:56:18 safety in our city and in our county, and so I will let Gina
11:56:23 give you a short presentation on that overall plan, and then
11:56:26 we'll add a little more information to that for you.
11:56:28 >> Good afternoon.
11:56:36 I'm with the Hillsborough County metropolitan planning
11:56:39 I kind of wish I didn't have to be here because we really
11:56:42 had some serious issues going on with bicycle crashes in our
11:56:45 community, and it's really important that we address those.
11:56:48 Hopefully, the presentation will come up.
11:56:50 The bicycle safety action plan was really prompted by a lot
11:56:54 of fatalities that were happening in 2010.
11:56:59 It's really almost hard to keep up with how many we have
11:57:06 been facing.
11:57:07 Between 2010 and 2011 we had about 20 fatalities already.
11:57:12 In 2012, we had five more.
11:57:14 It's a horrible situation, and I think we are kind of up in
11:57:20 arms in our community as to what we can do to make it safer.
11:57:23 We did analysis in the bike safety plan, looked at all sorts
11:57:27 of data, where do the crashes happen?
11:57:29 They are concentrated in the City of Tampa.
11:57:32 There's a lot of crashes in the unincorporated area.
11:57:35 Toll you the truth a lost fatalities tend to happen a little
11:57:38 more in the unincorporated area where there's some more of
11:57:41 those and a lot of faster driving, but it doesn't negate the
11:57:45 fact we need to do something in the city as well, so I will
11:57:47 be presenting this to all the jurisdictions and there's a
11:57:50 lot of support for make sugar we do something about this.
11:57:52 When we look at who is getting hit, it's a wide range of
11:57:57 people but it's the 25 to 40-year-olds that are actually
11:58:00 using the bicycles to get around for transportation trips,
11:58:04 and why you see them on the major roads as well.
11:58:06 They are not your recreational rider out on the trail.
11:58:09 So we need to focus and address our education and outreach
11:58:12 and everything on people who are the ones actually getting
11:58:17 Our crash analysis, I am just slowing you a slide.
11:58:22 We matched the ethnicity, by lighting conditions.
11:58:24 So there's a lot of data that went behind this bike safety
11:58:28 And then that was where the crashes were, who they were, and
11:58:34 why are they happening?
11:58:36 And there's all sorts of different reasons.
11:58:37 Cars are entering a roadway, from a side street and not
11:58:41 looking both ways, and cycle lists are getting hit, and many
11:58:44 times the cyclists are just going the flow of traffic in
11:58:48 that situation and that's also a little fault. Cyclist as
11:58:52 well as the motorists and cyclists are doing goofy things at
11:58:56 times, crossing the road and not prepared as a driver, and
11:59:00 many of the fatalities, the cars not seeing the cyclists.
11:59:04 And we look through all the analysis of these crashes, we
11:59:08 have come up with some things that we hope will reduce those
11:59:11 And again, the fault is across the line basically evenly
11:59:15 between the motorists and the cyclists.
11:59:19 But we do want to reduce fatalities.
11:59:24 It's a very small percentage of the crashes that are
11:59:25 happening but those are the ones where people are getting
11:59:28 So at night without light, most of the cycle efforts don't
11:59:35 have lights.
11:59:36 We would love to have less fatalities.
11:59:39 There's so many great organizations that are trying to make
11:59:41 sure that people are wearing helmets, and there's a lot of
11:59:45 great efforts by the hospitals to do outreach.
11:59:47 We wanted to focus on these four main points, because of the
11:59:53 analysis we did, we see cycle lists that raid with traffic
11:59:56 lake they are supposed to and they are predictable in that
11:59:58 location, if they would have lights on at night, if the
12:00:01 motorists paid more attention, and pedestrians want to make
12:00:04 sure we have something about the pedestrians as well works
12:00:06 cross where they are supposed, to we would see a big
12:00:08 reduction in these crashes.
12:00:09 So there's all sorts of wonderful recommendations coming out
12:00:14 of the plan.
12:00:15 (Bell sounds)
12:00:17 The City of Tampa is doing a wonderful job with their Tampa
12:00:20 walk bike plan.
12:00:24 I could say Euclid was the first place where they were put
12:00:31 in place in the State of Florida, and when there's not
12:00:33 enough room for a bike line, which is really preferable,
12:00:34 let's put those in and remind motorists that people are
12:00:37 cycling along there and they are legally allowed to do so.
12:00:40 So there's a lot going on engineeringwise.
12:00:43 Enforcement, the city has really taken a lead to.
12:00:47 I don't want to steal anyone's comment here but there's all
12:00:53 sorts of great outreach that has been going on now.
12:00:56 The MPO, out of the plan, the responsibility basically as a
12:01:02 lead agency to do a little more of the education part of it.
12:01:05 And since the plan was developed, we have done quite a bit.
12:01:11 Just to show you, this is our new program, and it's just
12:01:14 been completed.
12:01:15 You will see more of it as we go along.
12:01:18 I have a brochure that has the same comments, the same
12:01:21 objectives that people that put their bikes on their --
12:01:26 lights on their bikes, to go with slow traffic and motorists
12:01:30 pay attention, and so we have done a lot.
12:01:33 I want to mention that the distribution, you hear these and
12:01:38 you still see the fatalities.
12:01:40 We have to get the message to people getting hit.
12:01:43 I do the crash reports.
12:01:44 They are the folks that are dependent on their bikes for
12:01:47 their trips to school, to work.
12:01:49 So we are thinking of these will make the bicycle,
12:01:54 handlebars, commercial retail, that's where most people buy
12:01:59 their bikes, not expensive bike shops.
12:02:01 We are going to reach out in that way.
12:02:06 Lunch, the cafeterias where that message can be, if that is
12:02:10 visit bid almost everybody.
12:02:11 So we can reach folks that way.
12:02:13 We have a lot of ways that we want to distribute this to the
12:02:16 people who need to see it and I think we are going to do a
12:02:18 good job with that.
12:02:20 One other thing at the MPO, we had applied for grants, and
12:02:23 we didn't get the grants, but we didn't give up.
12:02:25 We were going to provide bike lights, and get a lot of
12:02:28 support with the bike safety action plan, being developed
12:02:30 from the police departments and the sheriff's office, but
12:02:34 the mid nature shift guys say, these cyclists are leaving
12:02:39 the restaurant jobs and it's dark, and if we had a light we
12:02:42 would give it out.
12:02:43 And that's really a great way to distribute it.
12:02:46 And it's also reaching the people that need it.
12:02:48 So we did set up a fund that the MPO, where we can accept
12:02:52 donations, and not to put pressure own but the Board of
12:02:55 County Commissioners did vote last week to donate.
12:02:59 They are donating $3 that you to that fund and we can
12:03:03 provide quite a few of these lights that can be given out.
12:03:07 So we are going to keep pursuing.
12:03:09 I'm talking really fast.
12:03:10 I know it's lunch time.
12:03:11 But we have posters and we are going to get those things
12:03:14 distributed, hand out these bike lights.
12:03:17 I have to always remind Mace because I have been doing this
12:03:19 a long time that perhaps the things that we have been doing
12:03:21 have saved a lot of lives already.
12:03:23 So we have people getting hit and it's very frustrating.
12:03:30 Anyway, I talked fast and that's mostly education and the
12:03:36 transportation has done a lot on engineering.
12:03:39 Might mention something about that.
12:03:40 But maybe we can have our law enforcement officer come up.
12:03:44 If you have questions at the end, I will be happy to answer.
12:03:46 >> Rubin Delgado, Tampa Police Department.
12:03:50 Real quick, just a couple of things we are doing on our end.
12:03:55 Target has a grant system with law enforcement that we have
12:03:58 applied for a $2500 grant.
12:04:01 What I am hoping to do is get bicycle safety supplies, the
12:04:05 reflectors, the vests, the helmets, and give our patrol
12:04:09 officers that are out there doing enforcement, if they see a
12:04:12 violation, you know, we are trying to say it's not just
12:04:17 about writing the ticket, we need to educate them on why the
12:04:20 violation happened, and if we do have a light or vest or
12:04:23 helmet, that's what we need to be providing.
12:04:25 We are seeing a lot more bicycles being used at night by
12:04:30 people using it as their method of transportation to and
12:04:33 from work on main roads.
12:04:35 Another thing we are doing with the department, and it's
12:04:37 going to hopefully coincide with this target grant if ware
12:04:39 awarded it here, is we have been a bicycle registration
12:04:47 program, when we do stop people with bikes, or just our
12:04:51 citizens, neighborhood watches or whatever, we want them to
12:04:53 register our bikes with us.
12:04:54 So we know two-fold, number one, we know who the bikes are,
12:04:59 a lot of times we stop bikes or we find abandon bakes that
12:05:03 were stolen from somewhere, we don't know who they belong,
12:05:07 to the serial numbers are not remembered at the theft.
12:05:10 And we are going to try to partner up with the bike shops
12:05:12 and partner up with the big box stores to try to get our
12:05:15 information to them, so when they do buy a bike, they can
12:05:18 provide them with the Tampa Police Department's registration
12:05:21 form, they can do it online.
12:05:22 There's going to be information on there about Blake safety
12:05:25 tips which is on our Web site already.
12:05:29 So when citizens go Do go to register their bikes there are
12:05:32 bicycle tips there.
12:05:33 I already spoke with Gina.
12:05:35 We are going to try to partner with the MPO as far as the
12:05:38 information on our Web site is kind of speaking the same
12:05:40 language as the MPO as far as bicycle safety.
12:05:43 From an enforcement point, that's where we are at.
12:05:48 >>CHARLIE MIRANDA: It's 12:00.
12:05:49 What does this council want to do?
12:05:51 >>LISA MONTELIONE: Move to set a time by 12:30 --
12:05:57 >>CHARLIE MIRANDA: We aren't going to finish by 12:30, I
12:05:59 don't believe.
12:05:59 >>LISA MONTELIONE: I need to leave by 1:15 at the latest.
12:06:07 >>CHARLIE MIRANDA: I'm asking for direction.
12:06:07 >>MIKE SUAREZ: May I extend we extend to finish this item
12:06:15 for five minutes, and then recess until 1:30?
12:06:25 >>CHARLIE MIRANDA: Give me 15 minutes -- give me 10 minutes
12:06:27 to get this item.
12:06:29 >>MIKE SUAREZ: 10 minutes.
12:06:31 >> Second.
12:06:33 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.
12:06:36 All in favor?
12:06:36 The ayes have it unanimously.
12:06:38 We have an additional ten minutes.
12:06:39 Yes, ma'am.
12:06:39 >>MARY MULHERN: Thank you. I don't know who my question is
12:06:46 Maybe Santiago.
12:06:49 Or officer Delgado.
12:07:01 How much money do we need for TPD for the lights program?
12:07:08 What was the amount for the grant?
12:07:18 So I guess my question is for staff then, we can't find
12:07:25 somewhere in our transportation, public safety, somewhere,
12:07:31 to come up with this?
12:07:32 Somebody just died on Tuesday.
12:07:34 Somebody got hit on Tuesday.
12:07:36 There's this one bike update every tame somebody is hit.
12:07:43 It doesn't seem like that much money.
12:07:45 It seems like a huge public necessity.
12:07:47 Can we look -- be creative?
12:07:50 I know you have your transportation budget, and you have
12:07:53 your budget.
12:07:53 But somewhere there's got to be some money.
12:07:56 >>JEAN DUNCAN: I think this conversation gives us the
12:08:02 opportunity, we'll get more information from Gina on what
12:08:07 they think the need would be to saturate with the lights,
12:08:11 what that cost would be, and we'll see if we can come up --
12:08:17 at least make a contribution.
12:08:18 >> I guess the other question is, maybe you will notice,
12:08:22 didn't we just hire a grant writer?
12:08:27 >>JEAN DUNCAN: I know there's a position that's been open.
12:08:30 I don't know if it's been filled.
12:08:31 >> Maybe we could ask, once that's filled that we start
12:08:37 looking for money.
12:08:37 So this is a priority.
12:08:39 >>MIKE SUAREZ: A question about when we were looking at
12:08:44 the -- where the actions are at.
12:08:47 It lass like most of them are along either federal or county
12:08:51 Is that correct?
12:08:52 Or a lot of them were?
12:08:55 >>JEAN DUNCAN: I'll let Gina --
12:08:59 >>MIKE SUAREZ: She knows.
12:09:00 Do you have a percentage or knowledge of that?
12:09:02 >> Not really.
12:09:03 It's on a major road network which is divided between a lot
12:09:07 of state roads.
12:09:08 A lost them are -- Nebraska was really bad until they did
12:09:11 the -- a lot of state roads.
12:09:15 >>MIKE SUAREZ: The question I have, are there dollars
12:09:18 through federal or to county to get some of the things that
12:09:21 you are recommending?
12:09:24 To ask the county commission for $1500.
12:09:27 Is there money within federal dollars for these kind of
12:09:31 improvements, in addition to that, plus some of the
12:09:35 equipment, some other things that you are talking about?
12:09:37 >> Good question.
12:09:38 When we talked about -- actually, retrofitting a roadway
12:09:43 especially in the city, we are not widening any roads, thank
12:09:47 goodness, hopefully much.
12:09:48 When they resurface if they can have a bike lane stripe in
12:09:54 You are doing it now.
12:09:54 The state is doing it.
12:09:56 So there's not a whole lot of opportunity to redo a highway
12:10:00 as far as engineering goes.
12:10:01 >> I think you hit the point on the question, it's not about
12:10:04 the resurfacing or -- if most of our accidents are on these
12:10:09 highways that we are not paying for ourselves directly from
12:10:13 the City of Tampa, are there dollars that the feds can give
12:10:18 or can give can give on those particular roadways where we
12:10:21 are seeing most of the fatalities?
12:10:23 I mean, the way I am looking at it is, I would love to be
12:10:25 able to put more money into this and it is a pretty cost
12:10:28 effective thing.
12:10:30 Some of the smaller things I think we can do. But if most
12:10:32 of the fatalities are along these federally controlled or
12:10:36 D.O.T.-controlled highways, is there nothing else that we
12:10:39 can go after in order to try to not only engineer it
12:10:42 properly, but also do some of the small things like
12:10:45 education, and providing the lights and everything else
12:10:50 through their dollars?
12:10:52 >> Yes, there's a safety office at D.O.T., spending money
12:10:56 very specific to these topics, and that's the state.
12:10:59 The county like on Fletcher Avenue is W a very high crash
12:11:02 corridor, they set aside money on this project that's
12:11:05 specifically for safety outreach.
12:11:07 And they are actually going to do a lot of stuff for their
12:11:11 shelters and putting the posters and printing those for us.
12:11:14 So there's definitely funds out there.
12:11:16 There's definitely a movement towards --
12:11:18 >> So who is coordinating all those dollars from different
12:11:21 sources? You?
12:11:23 Who specifically, do you know?
12:11:24 >> It depends on the project really.
12:11:28 And the MPO is a great place to handle these types -- we are
12:11:33 spear heading, I should say, a coordinated public outreach
12:11:40 So we would be a one-stop shop, to have jurisdiction over
12:11:44 all the agencies basically.
12:11:46 So, yes.
12:11:48 >>MIKE SUAREZ: And what I am getting at of course is if we
12:11:51 can coordinate better between all the different agencies
12:11:53 that have money for these type of safety programs, the
12:11:55 engineering, everything else, so that we can try and make,
12:11:58 if nothing else a little bit safer for those people who are
12:12:01 riding on the roads, I mean, we have seen such an explosion,
12:12:05 as your graphic showed us, of fatalities and severe injuries
12:12:09 that we need to figure out how we can start talking to each
12:12:12 other, and not living in a bunch of silos so we can actually
12:12:16 put some of this stuff together.
12:12:17 Not saying that we are not talking right now, but it is
12:12:20 imperfect system right now.
12:12:21 We need to figure out how do we perfect it a little better
12:12:24 so we can tweak it, get to what we need to do. And I would
12:12:27 like to possibly make a motion that -- I was going to say
12:12:32 Jean Dorzback -- Ms. Duncan can maybe look at coordinating
12:12:36 with the other transportation agencies, county, FDOT, MPO,
12:12:42 to make sure that we get more bang for our buck for both our
12:12:48 efforts and their efforts, both for safety and for
12:12:52 >> I think the advisory is a good place, also, and ware
12:12:58 working together but we definitely have an agency to come to
12:13:02 for this.
12:13:02 >>MIKE SUAREZ: Then I will withdraw my motion based on your
12:13:07 recommendation that you are going to be working
12:13:10 significantly together to try to find sources of revenue
12:13:14 that we can then put directly towards safety, primarily, and
12:13:20 what I mean by safety is those small things like light, and
12:13:24 information for people to be safer out there on the road.
12:13:28 So I won't make a motion, blew but please if we could direct
12:13:32 you, Mrs. Duncan, to make sure that we can find those
12:13:36 sources and report back to us.
12:13:38 >> We will do that.
12:13:41 Coincidentally there is a safety summit, I believe it's next
12:13:45 week, so we can bring this information back to that summit
12:13:49 as well, to see how we can keep pursuing funding for all the
12:13:54 initiatives that are come out of our bicycle safety action
12:13:56 >>MIKE SUAREZ: Thank you.
12:13:59 >>CHARLIE MIRANDA: Let me say, anything else, the other day
12:14:01 I was going out to dinner with four adults, and on the
12:14:04 corner of Dale Mabry and Columbus drive, I see a bicyclist
12:14:07 heading from west to east.
12:14:11 Guess what he's trying to do.
12:14:12 And this is fault on both sides.
12:14:14 I'm not blaming either one.
12:14:15 This individual is trying to cross as the north traffic has
12:14:19 the green light with, a bicycle, through traffic, to cross
12:14:23 to the other side.
12:14:26 I don't have enough money to fix common sense.
12:14:31 He was an idiot trying to cross and get killed, just to say,
12:14:35 look what I've done, I guess I.don't know.
12:14:38 All toad do was wait for the late to change.
12:14:40 But on both sides.
12:14:42 I have never seen a Blake beat up an automobile yet.
12:14:45 And as the price of gas goes up, guess what's going to
12:14:49 happen to your fatality rate.
12:14:54 That's a fact.
12:14:57 But my ten minutes are over.
12:15:00 I have in a motion.
12:15:01 Mr. Suarez took his motion off the floor.
12:15:03 Mrs. Mulhern, your last questions and ware going to break
12:15:06 for an hour.
12:15:07 >>MARY MULHERN: I should have made this in the form of a
12:15:11 I want to make sure we look into -- the motion that Tampa,
12:15:15 the City of Tampa, look into funding sources specifically
12:15:21 within our budget, and also with grants that we could apply
12:15:26 for for the lights and reflective vests for TPD to hand out.
12:15:34 >>CHARLIE MIRANDA: Okay.
12:15:37 Ms. Capin wants to speak on an item and then we are
12:15:52 All right, all in favor of the motion indicate by saying
12:15:55 >> And then come back in a month?
12:16:03 >>CHARLIE MIRANDA: He said weighs lag for 2500 from target.
12:16:06 That's ten times the amount the county gives.
12:16:08 Mrs. Montelione.
12:16:09 Item 52.
12:16:11 Based on population.
12:16:11 >>LISA MONTELIONE: Thank you for the floor.
12:16:16 I would like to move for approval item 352 through 55.
12:16:19 >> Motion on the floor by Mrs. Montelione, seconded by Mr.
12:16:23 All in favor of the motion?
12:16:26 The ayes have it unanimously.
12:16:27 The last item.
12:16:28 Ms. Capin.
12:16:31 >>YVONNE CAPIN: And this refers to the Tampa historic Cuban
12:16:35 sandwich which we just passed the resolution today.
12:16:37 I want to say I'm very pleased with the reception Tampa
12:16:40 historic Cuban sandwich has received.
12:16:42 It is a lighthearted resolution with a serious message.
12:16:47 Tampa has been trading with Latin America, especially the
12:16:51 Caribbean, since before the civil war.
12:16:54 Tampa was and continues to be a key to central Florida's
12:16:58 economic development, and the Tampa historic Cuban sandwich
12:17:02 has underscored our historic and ongoing contribution to the
12:17:05 State of Florida.
12:17:07 This is but one example of how we can leverage our cultural
12:17:12 And I want to thank the members of the citizens committee,
12:17:19 citizens advisory committee on economic impact of cultural
12:17:23 assets and the Cuban sandwich task force, for bringing this
12:17:28 Thank you.
12:17:30 >>CHARLIE MIRANDA: Okay.
12:17:30 Any quick items after this?
12:17:35 We stand in recess until 1:30.
12:17:39 (City Council recess)
12:17:58 [Roll Call]
01:37:39 >>CHARLIE MIRANDA: Items number 56.
01:37:41 We need to -- this is to open the public from 56 through 59.
01:37:48 I have a motion by Mr. Cohen, second by Mrs. Capin.
01:37:51 All in favor of the motion?
01:37:52 Opposed nay?
01:37:53 The ayes have it unanimously.
01:37:54 Item number 56.
01:37:56 We are going to call 57 up momentarily.
01:37:59 I believe they are going to ask for a continuation.
01:38:07 57 is open.
01:38:08 >> I would like to ask for a two-week continuance.
01:38:11 My name is Roland Morito.
01:38:18 >> And you are the petitioner?
01:38:20 >> Yes, I am.
01:38:20 >> And you wanted two weeks.
01:38:22 Is that available, clerk?
01:38:26 >>THE CLERK: On May 3rd, it's available.
01:38:33 And do that at 10:30.
01:38:37 >>CHARLIE MIRANDA: 10:30 is fine.
01:38:38 You are asking for a continuation to May 3rd at 10:30.
01:38:42 Thank you very much.
01:38:42 Anyone in the audience care to speak on item 57 for the
01:38:45 continuation portion only?
01:38:48 I see no one.
01:38:49 I need a motion to have this continued to May 3rd at
01:38:54 >>HARRY COHEN: Motion to continue to May 3rd at 10:30.
01:38:58 >>CHARLIE MIRANDA: Seconded by Mr. Suarez on item number 57
01:39:01 to May 3rd at 10:30 in the morning.
01:39:03 All in favor?
01:39:04 The ayes have it unanimously.
01:39:09 Item number 56.
01:39:10 This is a public hearing.
01:39:11 >>THE CLERK: If we continue, we need to swear in the
01:39:20 >>CHARLIE MIRANDA: This is quasi-judicial so all the
01:39:22 witnesses that are going to speak on 56 and 58 have to be
01:39:26 sworn in.
01:39:26 (Oath administered by Clerk)
01:39:38 >>CHARLIE MIRANDA: Item 56.
01:39:38 >> Land development, Z-12, 134, 235 East Davis Boulevard.
01:40:06 We find it inconsistent.
01:40:09 Minor modifications are required.
01:40:12 Zoning district is CG.
01:40:14 As outlined, this is a special use request.
01:40:16 It is alcohol beverage sales, beer, wine, liquor associated
01:40:20 with a restaurant on premises, for consumption only.
01:40:55 Davis Island, the strip center right here.
01:40:59 I believe you have the aerial.
01:41:07 Here is another view looking south along East Davis
01:41:09 Boulevard, subject site, the shopping center.
01:41:16 Another look south looking down Davis Boulevard.
01:41:24 Looking north towards the downtown area.
01:41:26 This is the subject site.
01:41:28 Closer view.
01:41:32 Here is an alleyway along the backside of the strip center,
01:41:36 a long East Davis Boulevard.
01:41:38 Some residential in the back.
01:41:41 Another view.
01:41:47 According to the application submitted, the site is occupied
01:41:49 by a commercial retail center complex, occupied by retail
01:41:54 office and restaurant uses, encompasses 3,304 square feet of
01:42:01 inside square feet and 697 square feet of outside seating
01:42:05 area for a total of 4,101 square feet.
01:42:09 The request is a result of expanding sales of seating area
01:42:12 to include outdoor patio, to include the outdoor patio area.
01:42:16 The site has no legal parking on-site and only has a
01:42:19 smattering of parking, 14 space as long the front.
01:42:26 Off-street parking spaces for the subject site.
01:42:29 There are numerous parking areas along the backside of the
01:42:34 But they are not legal because they access the right-of-way.
01:42:37 A portion of the subject previously had been approved --
01:42:44 >>CHARLIE MIRANDA: The parking is to the right-of-way.
01:42:47 Am I looking at cars parked illegally?
01:42:49 >> Correct.
01:42:50 >> You are not going to solve that problem, are you?
01:42:52 >> We are asking for waiver of parking.
01:42:57 >>CHARLIE MIRANDA: All right.
01:42:57 >> Previously approved for beer wine and restaurant under
01:43:02 L-96-51 for pizza.
01:43:06 The applicant is traveling under a design application 1
01:43:09 application for required buffer area between the site and
01:43:13 the adjacent residential.
01:43:15 Land development, site modification was regard to parking
01:43:21 Currently the parking waiver is to reduce the required
01:43:25 parking spaces from 98 to zero, and there's also another
01:43:28 waiver to reduce required minimum distance separation from
01:43:31 250 feet to 14 feet from the establishments serving alcohol.
01:43:39 Modification being requested is the parking will need to be
01:43:44 Section 27-272 to reduce required parking spaces from 98
01:43:48 spaces to zero. This is a cure mechanism because there are
01:43:52 no legal parking spaces on-site where this currently exists.
01:43:56 All parking being used is either in the right-of-way.
01:43:59 It is noncompliant with regards to code.
01:44:03 So we are asking for a correction to waive all required
01:44:08 >> I don't know about the rest of the council members, but
01:44:11 either the mike is too short or you are speaking too low.
01:44:14 >> I'm sorry.
01:44:16 I will bump it up a little bit.
01:44:18 Basically, the existing site has no legal parking on-site.
01:44:22 What we are trying to do here as part of the application is
01:44:25 to cure the site, has no parking.
01:44:29 We are attempting to waive all existing parking on this
01:44:31 historic site which has in a parking on it per se, and this
01:44:36 cure will fix that situation for this tenant and all
01:44:42 existing tenants on-site.
01:44:49 We are asking to reduce the required parking spaces from 98
01:44:53 parking spaces to zero recognizing the historic
01:44:55 configuration of on-street parking which they currently show
01:45:00 14, but on Davis Boulevard adjacent to the site, a total 98
01:45:06 parking spaces are required for the entire complex.
01:45:10 Because of the status, the 14 on-street parking spaces may
01:45:14 be count it toward retail and office use parking required
01:45:18 for the site.
01:45:19 Decision we are asking the applicant for five parking
01:45:24 calculations and parking for site plan along with existing
01:45:30 uses of the
01:45:30 >> Officer Don Miller, City of Tampa police department.
01:45:41 City of Tampa police department has no objection to this
01:45:44 special use 2 request.
01:45:47 >>CHARLIE MIRANDA: Is a representative of the petitioner
01:45:50 >> My name is Grace Yang, 201 North Franklin Street suite
01:45:58 2220 Tampa, Florida.
01:46:00 I have been sworn.
01:46:01 I am the authorized agent for the applicant.
01:46:03 With me today is Ken Elmore who is one of the principals of
01:46:09 KE3 LLC, the applicant and one of the owners of the Slice
01:46:16 Pizza and Barbecue on Davis Island.
01:46:22 As was already mentioned this space used to be Tate pizza
01:46:26 place zoned for beer and wine for the restaurant.
01:46:29 We come before you today because of an increase in the
01:46:32 square footage from the original space and also because of
01:46:36 the request to increase to full liquor in conjunction with a
01:46:39 restaurant use.
01:46:42 The temporary which my client has for KE3 was issued June 9,
01:46:49 2011 and it has been in operation since last summer.
01:46:52 They have had no convictions for alcohol violations by the
01:46:56 state, so they have been a good operator at this location.
01:47:00 All of their employees who are serving alcohol currently are
01:47:05 trained or any new employees come in will be trained for
01:47:10 compliance for responsible alcohol service.
01:47:13 We will agree to make that minor modification site plan
01:47:16 change as mentioned before second reading in order to note
01:47:22 the parking issue and to show the parking table on the site
01:47:25 plan before it comes before you on second reading.
01:47:29 I believe you have all received some letters or had contact
01:47:34 from some of the neighbors in support of this petition.
01:47:37 We did notify everybody.
01:47:39 And I am not aware of any opposition to this.
01:47:45 We did also have Mr. ELmore make a presentation to the Davis
01:47:49 Island civic association prior to appearing in order to
01:47:52 explain the project request to them, and it's my
01:47:55 understanding that they are not in opposition to this
01:47:58 request as well.
01:48:01 Mr. ELmore also presented to the Chamber of Commerce on
01:48:06 Davis Island.
01:48:06 I believe you have a letter from Jennifer from the Davis
01:48:11 Island Chamber of Commerce expressing support for this
01:48:15 Finally, which I will enter into the record, I have
01:48:19 signatures from over 100 people on Davis Islands and the
01:48:22 surrounding areas.
01:48:24 Customers are also in support, and I will enter that.
01:48:29 >>MARY MULHERN: Do you have copies of the letters?
01:48:35 Because I don't seem to have any of that.
01:48:37 >> I believe they were submitted, some by e-mail into your
01:48:44 customer service request center.
01:48:47 I could try to track those down.
01:48:49 Unfortunately because they came directly from the senders, I
01:48:53 do not have copies of those before I came to council today.
01:48:57 >> We usually have them printed out if we got them, but I
01:49:00 don't see any.
01:49:01 I have to say, I don't have any.
01:49:03 I don't know if any other council people do.
01:49:05 >> I believe they were sent by e-mail to council.
01:49:14 I apologize, I don't have copies of any of them.
01:49:16 I could try to find copies of those e-mails to send in, if
01:49:19 you cannot find them before second reading.
01:49:21 >>MARY MULHERN: We didn't get the e-mails.
01:49:30 >>YVONNE CAPIN: Mrs. Yang, this is an existing business that
01:49:33 is expanding?
01:49:35 >> This is an existing shopping center on Davis Island.
01:49:38 The business is currently open.
01:49:40 The business has been open as slice pizza and barbecue
01:49:44 restaurant since last June.
01:49:45 >> In the same location?
01:49:46 >> In the same location, right.
01:49:49 In the same location as where the Tate pizza used to be.
01:49:53 But the slice space is larger now.
01:49:58 So the square footage that Tate pizza occupied was a smaller
01:50:02 square footage.
01:50:08 And this is larger.
01:50:09 There's an increase in square footage.
01:50:12 >>YVONNE CAPIN: Thank you.
01:50:13 >> And the 98 parking spaces previously mentioned, it 8
01:50:17 parking spaces for the entire shopping center which is what
01:50:22 we are talking about.
01:50:24 >>YVONNE CAPIN: Thank you.
01:50:24 >>CHARLIE MIRANDA: Any other council member?
01:50:28 Anyone in the audience care to speak on this item, item
01:50:32 number 56?
01:50:32 >> Mr. ELmore would like to speak.
01:50:38 >> I'm Darryl ELmore, Tampa, Florida, 33606.
01:50:50 We are a family restaurant on the island.
01:50:54 We plan to stay a family restaurant, currently family owned
01:50:59 from 11 a.m. to about ten at night, and that's our intent.
01:51:07 We just want to be a good steward on the island and steward
01:51:11 of business.
01:51:14 Thank you.
01:51:16 >>CHARLIE MIRANDA: Thank you very much.
01:51:16 Mr. Suarez.
01:51:17 >>MIKE SUAREZ: A quick question.
01:51:30 Ms. Coyle, you haven't been up here for a while.
01:51:34 >> I'm here.
01:51:35 >> Where you have an existing use, you can't meet the
01:51:38 parking requirements.
01:51:41 I know we do these all the time.
01:51:42 I know with central business district, do we identify -- and
01:51:50 please spark my memory if we do -- that we can have some
01:51:52 type of overarching waiver or form base, to have something
01:51:58 that will allow this kind of use without having another
01:52:01 council to get a waiver?
01:52:05 >>CATHERINE COYLE: Planning manager for the city.
01:52:06 This particular case, I believe, came before you not just
01:52:09 for the waivers. There was also a distance separation
01:52:17 I believe it's separation requirement, 250 feet from
01:52:21 residential, I believe.
01:52:22 And I am not as familiar.
01:52:25 Yes, codes can be amended, especially when you get into an
01:52:29 urban village setting like Davis Island, having to do with
01:52:32 Seminole Heights and we are looking to do in Tampa Heights
01:52:34 and the rest of the urban villages.
01:52:36 You can create unique codes for those locations that address
01:52:39 these types of change use issues or reuse of developments.
01:52:48 With the advancement of square footage it triggers a parking
01:52:52 Historically we would recognize that markets that are in the
01:52:55 shared parking within the public right-of-way.
01:52:57 We recognize it historically.
01:52:59 However, because the way the code is written, it's a
01:53:04 technical waiver in the code.
01:53:05 And that's why the waiver is here before you.
01:53:09 >>MIKE SUAREZ: I guess we are moving to more form based, is
01:53:14 that going to include these type of you are badge village
01:53:16 type of concessions to allow that?
01:53:20 Because obviously you have -- we are looking at a few
01:53:23 different waivers, one in particular, you know, with the
01:53:27 parking, and of course essentially the same type of
01:53:30 business, other than the square footage expanding, you know.
01:53:36 To me, it doesn't make much sense for it to necessarily come
01:53:39 before council if we are having -- the other part is the
01:53:46 special use for alcohol sales.
01:53:47 But still, if you get where I am going, the there already
01:53:52 something in the future that we are going to be able to look
01:53:55 at these things in a different label, not putting a lot of
01:53:58 waivers in place?
01:53:59 >> It's adopted in the code currently in the Seminole
01:54:02 Heights code itself.
01:54:03 There are many different abilities within the parking
01:54:07 standards for trade-offs.
01:54:11 Parking within the right-of-way, and counted as required.
01:54:16 So on Davis Islands we don't do that.
01:54:18 In Seminole Heights, we will allow that improvement within
01:54:20 the right-of-way.
01:54:21 We will also allow expansion to certain businesses up to a
01:54:26 certain occupant load or certain -- without triggering those
01:54:30 types of reviews.
01:54:32 There can be -- we did have five or six different types of
01:54:39 There wouldn't be a waiver for anything.
01:54:40 It's simply allowed, design standards.
01:54:46 You are building it so there is a certain look and feel to
01:54:49 create that -- it's already in the code and it will meet the
01:54:53 >>MIKE SUAREZ: Thank you.
01:54:54 One last thing.
01:54:55 And you may be able to answer this question, or maybe the
01:54:58 The time frame for closing, is that going to stay the same?
01:55:04 Sore that also a waiver on there?
01:55:08 >>CATHERINE COYLE: You know, I can't --
01:55:12 >>MIKE SUAREZ: I'll ask the petitioner then.
01:55:17 Or Joel?
01:55:17 >> I can let Mr. Elmer state on the record what the current
01:55:21 hours are and he can state for the record that there are no
01:55:24 current implications --
01:55:27 >>MIKE SUAREZ: I just want to make sure I heard him say
01:55:29 about what the current hours are.
01:55:31 I wanted to make sure that those are staying the same, those
01:55:34 are not changing.
01:55:34 >> We don't intend to change,.
01:55:36 No there are occasions where we have stayed open later,
01:55:44 Super Bowl, sporting events that go past 11:00 during the
01:55:51 week or Gasparilla, something like.
01:55:53 That but our hours are currently -- and we have no plan on
01:55:58 changing-is 11 to 10 Sunday through Thursday and 11 to
01:56:03 midnight Friday and Saturday.
01:56:04 >> I just wanted to verify that, because I wasn't sure if
01:56:09 there was going to be a change in that.
01:56:11 Obviously you have to look at larger square footage but the
01:56:14 same type of location, maybe upper scale.
01:56:18 I'm not taking shots at Tate, I hope you know. I just want
01:56:22 to clarify that.
01:56:23 Thank you.
01:56:24 >> I follow the chairman's edict in nothing good happens
01:56:30 after mid nature.
01:56:33 We have in a plans to change our current hours,.
01:56:35 >> If I could supplement that for a minute, though, I will
01:56:41 state that the hours of operation shown on the site plan
01:56:44 before you do show 11 a.m. to 1 a.m., seven days a week, and
01:56:49 that's merely so that they have the flexibility so that on
01:56:53 certain days, like New Year's Eve, would have flexibility to
01:56:57 stay open later.
01:56:59 But as Mr. Elmer stated that is not the intention to stay
01:57:02 open that late most of the year.
01:57:04 >> Thanks for the clarification.
01:57:05 I appreciate it.
01:57:07 >>CHARLIE MIRANDA: Anyone else from the audience care to
01:57:08 speak on this subject matter?
01:57:10 I see no one.
01:57:13 Motion to close by Mr. Cohen, seconded by Mr. Suarez.
01:57:16 All in favor of the motion please indicate by saying aye.
01:57:19 Opposed nay.
01:57:20 The ayes have it unanimously.
01:57:21 Mr. Cohen, would you kindly take this ordinance for first
01:57:25 >> Yes.
01:57:27 Thank you, Mr. Chair.
01:57:32 I move an ordinance for first reading consideration, an
01:57:38 ordinance approving a special use permit S-2 for alcoholic
01:57:40 beverage sales, restaurant on premises only and making
01:57:44 lawful the sale of beverages regardless of alcoholic
01:57:47 content, beer, wine and liquor, on that certain lot, plot or
01:57:50 tract of land located at 235 East Davis Boulevard Tampa,
01:57:55 Florida, as more particularly described in section 2, that
01:57:58 all ordinances or parts of ordinances in conflict are
01:58:01 repealed, providing an effective date.
01:58:02 >> Second.
01:58:07 >>CHARLIE MIRANDA: That's a motion by Mr. Cohen.
01:58:08 You mentioned that --
01:58:14 >>HARRY COHEN: And including (off microphone).
01:58:21 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by
01:58:24 Mr. Suarez.
01:58:30 >> I didn't have it in front of me.
01:58:34 >>CHARLIE MIRANDA: Read into the record the application.
01:58:38 >>HARRY COHEN: Including the parking waiver that will need
01:58:41 to be amended, and also please show the required parking
01:58:43 calculations and provided parking on the site plan.
01:58:51 >>CHARLIE MIRANDA: That motion amended, motion made by Mr.
01:58:54 Cohen, second by Mr. Suarez.
01:58:56 All in favor of the motion?
01:58:59 Ayes have it unanimously.
01:59:00 >>THE CLERK: Motion carried with Montelione being absent.
01:59:03 Second reading and adoption will be on May 3rd, 2012 at
01:59:07 9:30 a.m.
01:59:12 >>CHARLIE MIRANDA: 57 was taken care of.
01:59:13 We are now at 58.
01:59:32 >>CATHERINE COYLE: Planning manager for the city.
01:59:33 I passed out the revision sheet and the aerial for the site,
01:59:39 and I also handed the city clerk a substitute ordinance.
01:59:42 There were a couple of corrections we needed to make, as
01:59:47 well as revised boundaries, description and sketch.
02:00:01 Case V-12-113, 500 N. Ashley drive, requesting beer, wine
02:00:12 and liquor, sales in association with public facility,
02:00:12 Curtis Hixon park.
02:00:17 There are four listed waivers on the staff report.
02:00:22 Three are within distance separation criteria, the first
02:00:25 being 1,000 feet to zero for other establishments selling
02:00:29 You will notice that one in particular is the Museum of Art,
02:00:33 which is actually left out of the legal description, zero
02:00:39 separation, because it's immediately adjacent to it.
02:00:42 124 residential uses.
02:00:45 Across the street.
02:00:46 And 1,000 feet to zero feet for institutional uses, as well
02:00:50 as allowing alcoholic beverage sales within loading area
02:00:56 simply because it encompasses the entire area.
02:00:59 Sales of beer, wine and liquor on premises only.
02:01:02 There are no package sales.
02:01:04 It is occupied by Kiley Gardens and Curtis Hixon park.
02:01:08 The sale area is indoor outdoor areas surrounding the park
02:01:13 and water areas, approximately 536,125 square feet, 12.3
02:01:19 The outside area of 395 feet of interior space which is the
02:01:24 pavilion and kiosk on-site.
02:01:27 They use the Poe Garage for parking which is immediately
02:01:32 Planned modifications in the staff report but also
02:01:35 mentioned -- pretty much aware.
02:01:49 This portion here is this view.
02:01:53 This is a front view.
02:02:01 Looking down the street you can see the museum off to the
02:02:10 This is back to the park.
02:02:17 The fountain area.
02:02:19 And surrounding.
02:02:21 Staff has no objections to the request.
02:02:24 And with those minor changes between first and second
02:02:29 Noted on page 6 and 7 of the staff report as well.
02:02:33 Thank you.
02:02:33 >> Officer Don Miller, City of Tampa police department.
02:02:39 City of Tampa police department has no objection.
02:02:44 >>CHARLIE MIRANDA: Petitioner?
02:02:45 >>SANTIAGO CORRADA: Chief of staff and I have not been
02:02:56 I didn't think I would ever have to say that.
02:02:59 (Oath administered by Clerk)
02:03:00 >> I do. Good afternoon again.
02:03:08 I am here to respectfully request your support and approval
02:03:12 upon first reading of a special use sale of alcohol beverage
02:03:16 sales petition commonly known as Curtis Hixon waterfront
02:03:20 park, Kiley garden an the associated portions of the
02:03:25 The activation of the downtown waterfront continues to be a
02:03:28 major priority for the city and the construction of the park
02:03:30 and the riverwalk has been a critical catalyst in that
02:03:34 The process of developing the park in and of itself as a
02:03:38 downtown special events venue has been evolving, and early
02:03:41 on we realized that promoters, organizers and not for
02:03:45 profits were encountering extreme difficulties in executing
02:03:49 events that contained a wet zoning component.
02:03:52 In fact, it's a tedious, time consuming and expensive
02:03:56 process, and for-profits are currently excluded from that
02:04:00 We were approached for not for profits promoters,
02:04:06 In fact, the downtown partnership, Christine Burdick was
02:04:09 here this morning in support, and thus we felt that we
02:04:12 needed this designation.
02:04:14 If approved, the new designation will be limited to
02:04:18 consumption on-site and only to caterers with a liquor
02:04:21 license and insurance, and those would only be able to sell
02:04:25 alcohol at special events and contribute towards additional
02:04:28 revenues for the parks and rec department.
02:04:30 All staff findings have been addressed.
02:04:33 You heard no objections from the police department.
02:04:35 And it would be compatible with contiguous and surrounding
02:04:39 properties, Glazers children's museum, Museum of Art, and
02:04:44 Finally, in order for us to compete with other like
02:04:46 venues -- and we all know some of those very, very large
02:04:50 special event venues over in Clearwater and St. Petersburg,
02:04:53 are able to cater to large events like an outdoor concert,
02:05:01 we felt that we needed this designation to assist with again
02:05:06 activation of the park and making it a lot easier process
02:05:10 for those folks that want to have events in our downtown
02:05:16 Staff and I are here to address any questions that you might
02:05:18 Thank you.
02:05:19 >>MARY MULHERN: Do we already wet zone the Curtis Hixon
02:05:30 >> It's a long process, madam Councilwoman.
02:05:33 Thank you for asking.
02:05:33 We went through the state legislature to pass a special act
02:05:37 for the city to be able to acquire a state liquor license,
02:05:41 and that was the first step in having to wet zone this
02:05:45 That's followed by us coming here for this designation.
02:05:48 Then petitioning the state for our state liquor license and
02:05:51 then coming back and petitioning you for our liquor license,
02:05:55 which we would like to again pass on to promoters, transfer
02:06:00 that license to promoters or organizers that might want to
02:06:04 come in and have events that have wet zoning.
02:06:06 >>MARY MULHERN: I seem to recall that we passed some kind
02:06:13 of wet zoning for Curtis Hixon park a long time ago.
02:06:17 >>REBECCA KERT: Legal department.
02:06:20 What you may be recalling is several years ago, maybe three,
02:06:24 maybe even four, park the park was finished we did have a
02:06:28 workshop about what areas you may consider appropriate for
02:06:33 allowing the temporary wet zone and potentially a permanent
02:06:38 one and there was some discussion at Curtis Hixon.
02:06:42 There was discussion that an event park may be an
02:06:45 appropriate one, which led us to let the administration
02:06:50 begin a pro stows bring it forward to you for final
02:06:53 But the short answer is in a, you have not wet zoned this
02:06:57 >>MARY MULHERN: Or any other?
02:06:59 >>REBECCA KERT: No.
02:07:00 >>SANTIAGO CORRADA: Narcs in fact --
02:07:05 >>MARY MULHERN: We have been giving special events?
02:07:08 >> Those have been temporary one-day wet zonings for
02:07:14 >>MARY MULHERN: Okay.
02:07:18 Here is the other thing.
02:07:26 I looked to see if there's some in writing or verbal -- this
02:07:29 is the second request we heard today, and I am told that all
02:07:32 these people support something, and I don't have any -- I
02:07:35 don't have anything in the file, or there's nobody here
02:07:39 stating that.
02:07:40 So --
02:07:42 >> Ms. Burdick was here this morning, and she was going to
02:07:45 try to make it this afternoon.
02:07:47 She had a luncheon engagement that may have gone long.
02:07:49 But this resulted as conversations with folks interested in
02:07:54 having major special events at Curtis Hixon park.
02:07:57 >>MARY MULHERN: I don't have any piece of paper from
02:08:03 anybody other than you guys, other than from the staff
02:08:07 saying you want to do this.
02:08:14 Maybe at second reading, if there is one -- I'm sure there
02:08:17 will be -- we could have some people actually speak in favor
02:08:20 of this.
02:08:22 >>SANTIAGO CORRADA: Yes, ma'am.
02:08:22 We'll try to accommodate that.
02:08:25 >>CHARLIE MIRANDA: She was sitting in the fourth row second
02:08:32 I don't hear a lot of people, but I see them.
02:08:37 Any other council members?
02:08:39 Ms. Capin?
02:08:40 >> (off microphone) ... the nonprofits, and from the state,
02:08:55 the license that we were granted, was it granted for the
02:09:01 city, for this one park?
02:09:04 What is that license?
02:09:07 What were we granted?
02:09:09 >>REBECCA KERT: Legal department.
02:09:12 What the state did is they passed a state act which allows
02:09:18 the city to request a license from the state nor location
02:09:20 only, nor park location only, and would allow in the future
02:09:24 the city to transfer that to concessionaires, without having
02:09:28 to go back to the state and having them apply for another
02:09:32 We don't have the license yet.
02:09:36 They simply allowed to us apply for it.
02:09:42 >>YVONNE CAPIN: And the part of the act is to be able to
02:09:44 transfer it, the special that that is -- you can transfer it
02:09:51 to the vendors, or the caterers, which is not normal.
02:09:57 >>REBECCA KERT: No, there is a process in the state that
02:10:01 allows to you do it.
02:10:02 It's in the a act, to clarify that we also will have that
02:10:06 But the ability to transfer a license is something that's
02:10:09 already allowed.
02:10:11 >>YVONNE CAPIN: So that was nothing special to us to do
02:10:15 >>REBECCA KERT: Right.
02:10:16 We do not have to get a Florida license, and this special
02:10:21 act is not at all unusual.
02:10:23 It been done for many of the museums, and it's been done
02:10:26 throughout the state.
02:10:27 I mean, there are several of these special acts that have
02:10:29 been in Hillsborough County alone.
02:10:31 >>SANTIAGO CORRADA: And you had a presentation this morning
02:10:37 on streamlining in order to create activity and for the
02:10:40 cultural arts.
02:10:41 This is in line with that.
02:10:42 Now, we heard loud and clear from folks that were going to
02:10:45 that one-day temporary wet zoning process that it was
02:10:49 extremely costly, very, very difficult, complicated, and it
02:10:52 took a lot of time.
02:10:55 >>YVONNE CAPIN: I understand.
02:10:56 I want to follow up with the -- and you're right.
02:10:58 We did discuss this, a task force with one of the events
02:11:04 permitting department, when Linda --
02:11:13 >>CHARLIE MIRANDA: Carlos.
02:11:15 >>YVONNE CAPIN: -- Carlos he's she's sitting right there --
02:11:19 and we looked at this part of permitting.
02:11:21 One of the things -- and this is just to bring for the what
02:11:25 was discussed there was to look at possibly other parks that
02:11:28 have extensive activity as far as events that maybe later on
02:11:34 we can include.
02:11:35 >>SANTIAGO CORRADA: I believe we will be back with some of
02:11:38 our other downtown large venues, that hold events.
02:11:42 We have several in the downtown area that we have promoters
02:11:45 and organizers interested in putting on large events, like
02:11:50 There are a number of them downtown.
02:11:54 >>YVONNE CAPIN: That's one of the things, you are right, we
02:11:56 did look at that.
02:11:57 So thank you.
02:11:58 >>CHARLIE MIRANDA: Any other council members?
02:12:01 Anyone in the audience care to be speak on this item number
02:12:16 (Oath administered by Clerk).
02:12:17 >> Donny rode, 412 made son street.
02:12:20 The question I had, was there anything in the language of
02:12:23 the special statute or the application it would be brought
02:12:29 forward that would keep smaller event planners from being
02:12:33 able to utilize this provision?
02:12:38 Or will it keep out anybody that already uses this for
02:12:40 alcohol sales in the past under the usage thing?
02:12:48 >>CHARLIE MIRANDA: To my knowledge, no, but let the city
02:12:50 answer that.
02:12:50 >>REBECCA KERT: Legal department.
02:12:56 There is nothing in this permit that would affect either
02:13:00 people that were previously involved or small groups, and a
02:13:04 special act is to the city and the city has the ability to
02:13:07 transfer it to concessionaires as it deems fit but there is
02:13:11 nothing there that limits it.
02:13:14 >>CHARLIE MIRANDA: Let me ask you a series of questions
02:13:17 That being said, there are some other things that go with
02:13:21 the application, like insurance, licenses.
02:13:24 Tell me a little about that.
02:13:27 Not much but tell me a little about that.
02:13:29 >> Are you asking for requirements for --
02:13:32 >>CHARLIE MIRANDA: Yes.
02:13:32 >>REBECCA KERT: Yes, you are required to provide for the
02:13:37 city alcoholic beverage liquor insurance, in an amount I do
02:13:44 not recall off the top of my head but that is one of the
02:13:46 requirements you have to provide.
02:13:55 >>CHARLIE MIRANDA: 1 million, 2 million.
02:13:58 I hear 3 million?
02:13:59 How about two and a half?
02:14:04 Any other council members?
02:14:06 >>MARY MULHERN: This city is going to be paying 2 million
02:14:09 for insurance?
02:14:11 No, they are going to pass it on?
02:14:17 >>CHARLIE MIRANDA: Insurance coverage.
02:14:17 >>MIKE SUAREZ: Just to go back to -- and this is something
02:14:25 I have done in my professional career -- is when you buy a
02:14:27 special event permit -- excuse me, insurance, typically it's
02:14:32 based on the size of the event, it's usually relatively
02:14:35 inexpensive, a smaller event might cost $250 to provide that
02:14:39 $2 million of coverage.
02:14:40 So even insurance is not something that keeps people from
02:14:44 actually being able to use the park and to actually sell
02:14:49 liquor for a special event, whatever that might be.
02:14:52 >>CHARLIE MIRANDA: Okay.
02:14:53 Any other one like to speak, city, any clogs statements
02:14:57 would you like to make?
02:14:58 Okay, I need a motion to close.
02:15:02 >>YVONNE CAPIN: So moved.
02:15:03 >>CHARLIE MIRANDA: Motion by Mrs. Capin to close, second by
02:15:07 Mr. Suarez.
02:15:07 All in favor of the motion?
02:15:09 The ayes have it unanimously.
02:15:11 And going from left this way.
02:15:12 Ms. Mulhern, would you care to read this one, item number
02:15:17 >>MARTIN SHELBY: And this is a substitute ordinance.
02:15:21 >>CHARLIE MIRANDA: Substitute ordinance.
02:15:22 >>MARY MULHERN: I would rather not read it.
02:15:28 >>CHARLIE MIRANDA: I give to the Mr. Reddick.
02:15:29 >>FRANK REDDICK: Thank you, Mr. Chairman.
02:15:33 Move an ordinance approving a special use permit S-2 for
02:15:36 alcoholic beverage sales, large venue on premises only and
02:15:40 making lawful the sale of beverages regardless of alcoholic
02:15:43 content, beer wine and liquor, on that certain lot, plot or
02:15:46 tract of land located at 500, 600, 700, 702 and 74010th
02:15:53 4 north Ashley drive, Tampa, Florida as more particularly
02:15:56 described in section 2 imposing certain conditions based
02:15:59 upon the location of the property, that all ordinances or
02:16:02 parts of ordinances in conflict are repealed, providing an
02:16:05 effective date.
02:16:05 >>HARRY COHEN: Second.
02:16:08 >>FRANK REDDICK: Includes the revision sheet for V-12-113.
02:16:18 >>: I have a motion by Mr. Reddick, second by Mr. Suarez.
02:16:21 All in favor?
02:16:24 Motion passes unanimously.
02:16:25 >>THE CLERK: Second reading and adoption will be May
02:16:29 3rd, 2012 at 9:30 a.m.
02:16:31 >>SANTIAGO CORRADA: Thank you.
02:16:34 >>CHARLIE MIRANDA: We need a motion to receive and file all
02:16:38 the documents today.
02:16:39 Motion by Mr. Suarez, second by Mr. Cohen.
02:16:41 All in favor of the motion please indicate by saying aye.
02:16:43 Opposed nay.
02:16:44 The ayes have it unanimously. Information reports.
02:16:48 We go from left to right.
02:16:49 Mr. Cohen.
02:16:49 >>HARRY COHEN: None, thank you.
02:16:53 >>CHARLIE MIRANDA: Ms. Mulhern.
02:16:54 >>MARY MULHERN: Thank you.
02:16:55 I have one piece of new business.
02:16:56 And it's actually distributed draft resolution of what I
02:17:02 wanted council to consider passing in support of the clean
02:17:08 air act.
02:17:12 I emailed this to everyone a week or so ago.
02:17:15 I would like to ask council to consider passing that
02:17:17 resolution at our May 3rd meeting.
02:17:23 >>CHARLIE MIRANDA: May 3rd.
02:17:25 I'm sure council members have seen it.
02:17:28 Motion by Mrs. Mulhern, second by Mr. Cohen for May 3rd.
02:17:31 All in favor of the motion?
02:17:34 The ayes have it unanimously.
02:17:35 Mr. Reddick.
02:17:36 >>FRANK REDDICK: Thank you, Mr. Chair.
02:17:38 I just want to bring up -- I know you voted to have the
02:17:43 legal department come back on item 43 on May 3rd to give
02:17:49 us an update reference the Republican national convention,
02:17:53 but I also know that we have under staff reports, have a
02:17:56 five-minute time limit.
02:17:58 There seemed to be so many questions every time this item
02:18:02 come up, and there seems to be new information every time
02:18:05 this item comes up, that I think it's unfair to this council
02:18:08 that we have a five-minute discussion on staff reports.
02:18:12 And one of two things.
02:18:14 Either we extend the staff report time on this particular
02:18:19 item, or we set a special workshop just to address all the
02:18:23 questions and concerns that wave.
02:18:31 Each time I have a meeting with staff, something has come
02:18:34 And I hear council, every time this item comes up, everybody
02:18:38 starts raising questions, because a lot of the information
02:18:41 that we are presented now is not clear.
02:18:45 So in order for them to have a clear understanding, I'm just
02:18:48 suggesting one of two things.
02:18:51 And we can extend the legal department time from five
02:18:55 minutes when it comes back, or we can have a special
02:18:58 workshop just to address this issue and to discuss as many
02:19:06 questions as possible so that we don't have to be still
02:19:13 >>CHARLIE MIRANDA: Well, I agree with you, but as you well
02:19:14 know, I'm sure this is going to take much more than five
02:19:19 It falls under this category, to continue on the overall
02:19:22 basis of five minutes for staff reports and keep the flow
02:19:27 going on the agenda.
02:19:29 This is going to take more likely an hour so I am not
02:19:33 worried about the five minutes.
02:19:34 We can waive that when we start this process on May 3rd,
02:19:37 and we will be perfectly in line with what we have to
02:19:40 >>FRANK REDDICK: So are you saying --
02:19:45 >>CHARLIE MIRANDA: When this comes May 3rd we can waive
02:19:46 the rules and allow open time to discuss this with no
02:19:50 problems, so we don't violate all the rules.
02:19:53 >>FRANK REDDICK: Well, I'm fine with that.
02:20:00 I just want to make sure that we have adequate time.
02:20:03 >>CHARLIE MIRANDA: You will.
02:20:04 Believe me, you will.
02:20:05 Mr. Cohen.
02:20:05 >>HARRY COHEN: I think that from this particular item we
02:20:09 ought to leave it on May 3rd because we have already
02:20:12 changed it once and there's already confusion today about
02:20:14 people that were unclear as to when it was going to be
02:20:18 But I want to just pick up on Mr. Reddick's point, and that
02:20:23 there are an awful lot of issues related to the convention
02:20:25 and other things that we are doing that may impede, call for
02:20:30 a special workshop.
02:20:31 And I don't know that we need to set it today, but if we
02:20:35 continue to find ourselves getting caught in these
02:20:40 discussions, I just want to say on the record that I would
02:20:43 be in support of calling for a special called workshop if we
02:20:48 need additional time.
02:20:52 >>CHARLIE MIRANDA: I understand.
02:20:52 >>THE CLERK: Mr. Chairman, you can place it as the last
02:20:56 item under staff reports.
02:20:59 >>CHARLIE MIRANDA: It makes no difference if it's last or
02:21:01 first because the staff is going to be here, and I would
02:21:03 rather take it first than last so that everybody else -- I
02:21:09 Ms. Mulhern.
02:21:09 >>MARY MULHERN: I thought this was a public hearing.
02:21:13 Are we talking about the RNC, the clean zone?
02:21:17 >>CHARLIE MIRANDA: First reading.
02:21:18 >>MARY MULHERN: First reading of the public hearing.
02:21:21 >>CHARLIE MIRANDA: First reading of an ordinance.
02:21:22 >>MARTIN SHELBY: On a legislative matter, Mr. Chairman,
02:21:28 which this is, there is no requirement for two public
02:21:32 The first reading is just a first reading and it comes back
02:21:35 to a public hearing two weeks after that.
02:21:40 >>CHARLIE MIRANDA: Right.
02:21:41 >>MARY MULHERN: So we don't have it on that agenda time
02:21:44 during the first reading?
02:21:46 >>MARTIN SHELBY: You have public comments --
02:21:55 >> That's correct.
02:21:55 >>MARY MULHERN: I think, Councilman Reddick, that might be
02:21:58 one of the distinctions that you might be concerned about,
02:22:01 but we could also, as Councilman Cohen says, maybe schedule
02:22:06 a workshop at that meeting on May 3rd.
02:22:14 >>CHARLIE MIRANDA: Any other council member?
02:22:16 >>HARRY COHEN: I would also just caution that if we take up
02:22:19 this matter in a workshop, the public comment would occur
02:22:22 after the workshop, and that might not be helpful because I
02:22:26 think we want to hear from the public before we discuss it,
02:22:29 not after.
02:22:31 >>CHARLIE MIRANDA: I agree with you.
02:22:34 Any other council members?
02:22:40 We are at new business.
02:22:42 Ms. Capin.
02:22:44 >>YVONNE CAPIN: Under new business, are we making
02:22:47 resolutions, the stand your ground resolution?
02:22:52 We never took that up.
02:22:54 Is that correct?
02:22:57 Do we need to do that?
02:23:00 >>CHARLIE MIRANDA: I asked Mr. Shelby today to bring it
02:23:02 under new business when we were discussing in the middle of
02:23:04 the hearing.
02:23:05 If you want to bring it up, you are certainly entitled to
02:23:12 >>YVONNE CAPIN: Everyone has a copy so now we can either go
02:23:16 ahead and act on it, the resolution calling upon the state
02:23:20 legislature to reconsider and repeal the stand your ground
02:23:23 law urging the governor and attorney general to support its
02:23:26 repeal, providing an effective date.
02:23:29 >>CHARLIE MIRANDA: There's a motion by Ms. Capin, second by
02:23:31 Mr. Cohen.
02:23:32 Further discussion by council members?
02:23:33 All in favor of the motion please indicate by saying aye.
02:23:36 The ayes have it unanimously.
02:23:38 >>YVONNE CAPIN: Thank you.
02:23:39 One more thing.
02:23:39 We have in our schedule for people to come back with an
02:23:45 ordinance for July 19th on the Internet, sweepstakes
02:23:53 cafe, and I will not be here July 19th and I wonder if
02:23:57 we can move that to August 1st, our next City Council
02:24:00 regular session.
02:24:01 >>CHARLIE MIRANDA: I have in a problem.
02:24:02 >> Second.
02:24:05 >>CHARLIE MIRANDA: I have a motion to move that request from
02:24:08 July 19th to August 1st in its proper slot.
02:24:11 I forgot which slot it was in.
02:24:14 Staff reports.
02:24:17 I have a motion by Ms. Capin.
02:24:19 I have a second by -- I'm sorry -- Ms. Mulhern.
02:24:24 All in favor?
02:24:26 Motion passes unanimously.
02:24:31 Mr. Suarez.
02:24:31 >>MIKE SUAREZ: I have no new business at this time.
02:24:34 >>CHARLIE MIRANDA: All right, sir.
02:24:35 General public comment.
02:24:35 Three minutes.
02:26:12 (Meeting concluded at 2:26 p.m.)
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