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April 26, 2012


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09:08:29 >>CHARLIE MIRANDA: City Council is called to order.

09:08:31 The chair yields to Mr. Harry Cohen for the invocation.

09:08:35 >>HARRY COHEN: Thank you, Mr. Chair.

09:08:36 Good morning everyone.

09:08:37 It is my privilege to introduce today the Reverend Canon

09:08:39 Benjamin Twinamaani of Grace Episcopal Church in Tampa

09:08:44 Palms.

09:08:45 Reverend Twinamaani, a native of Uganda in east Africa, has

09:08:49 been at the helm of Grace Episcopal church the last six

09:08:54 years.

09:08:54 The church has been very active in their community,

09:08:57 participating in such events as last weekend's paint your

09:09:01 heart out Tampa, the Florida orchestra's pops in the park

09:09:04 series and relay for life.

09:09:05 This may grace Episcopal will celebrate their

09:09:09 20th anniversary.

09:09:11 Reverend Twinamaani, thank you for joining us.

09:09:13 Everyone please rise for the invocation and remain standing

09:09:16 for the Pledge of Allegiance.

09:09:21 >> The invocation this morning comes from the book of common

09:09:25 prayer.

09:09:26 It was written in 800 AD, for the coronation, remanding that

09:09:35 as emperor he was still accountable to God.

09:09:38 Let us pray.

09:09:39 O, mighty God, to you all our hearts are always open, all

09:09:45 our desires are always known.

09:09:48 And from you, none of our secrets are ever hidden.

09:09:53 Cleanse the thoughts of our hearts, by the inspiration of

09:09:58 thy holy spirit, that we may love you and magnify your holy

09:10:02 name.

09:10:03 Send down upon these who hold office in this Council,

09:10:08 especially Charlie, Mike, Yvonne, Mary, Harry, Frank, and

09:10:18 Lisa, pour upon them the spirit of your wisdom, charity and

09:10:24 justice.

09:10:24 That with steadfast purpose, they may faithfully serve in

09:10:28 their office.

09:10:29 Promote the well-being of all the people.

09:10:32 And for other cities in this world that have problems,

09:10:37 strife, conflict and civil war.

09:10:40 Give them a vision of your holy city.

09:10:45 Visit, we pray, and renew the cities.

09:10:49 Send them honest and able leaders.

09:10:52 Enable all of us to eliminate poverty, prejudice, and

09:10:56 oppression.

09:10:57 That peace may prevail with righteousness and justice with

09:11:01 order, and that women and men from different cultures and

09:11:08 with tolerance may find one another the fulfillment of their

09:11:11 humanity, through Jesus Christ our Lord, amen.


09:11:41 >>CHARLIE MIRANDA: Roll call.

09:11:45 >>YVONNE CAPIN: Present.

09:11:46 >>FRANK REDDICK: Here.

09:11:47 >>MARY MULHERN: Here.

09:11:49 >>HARRY COHEN: Here.

09:11:51 >>CHARLIE MIRANDA: Here.

09:11:51 Mr. Reddick will now do the presentations of the Police

09:11:57 Officer of the Month.

09:11:58 The firefighters of the month, and presentation to former

09:12:02 employee of city hall, did an outstanding job during her

09:12:06 career here, Catherine Jones.

09:12:13 >>FRANK REDDICK: Good morning, Council, and thank you,

09:12:15 Mr. Chair.

09:12:16 It is my pleasure to present to you this morning Officer of

09:12:20 the Month for the period ending April, 2012.

09:12:24 Like to present officer Marcus Bailey, and we'll ask the

09:12:30 chief to introduce Mr. Bailey.

09:12:33 >> Thank you, Councilman.

09:12:35 And thank you Council again for the opportunity to come

09:12:37 before you this morning.

09:12:38 I have one of the best and brightest at the Tampa Police

09:12:42 Department and Marcus Bailey stands for all that is good

09:12:45 with the Tampa Police Department.

09:12:47 Even in his very un -- come on up here.

09:12:50 He's a little shy.

09:12:52 I asked him if he would bring his children up here so that

09:12:55 they could see themselves on the camera.

09:12:57 I always like to see the reaction.

09:12:59 But he does a great job out there keeping our city safe

09:13:02 while the rest of us are asleep.

09:13:04 He is a member of the Rapid Offender Control squads or ROC

09:13:08 squads in district one.

09:13:10 I'll give you two examples of the outstanding work that he

09:13:13 has done as a street officer.

09:13:15 Taking investigations to, through the entire process to

09:13:21 arrests, which is just phenomenal.

09:13:24 Some months back, we had a subway restaurant that was robbed

09:13:28 down on South MacDill, an individual went in, attempted to

09:13:31 rob the clerk with a knife and ran from the scene.

09:13:33 There was a photograph of the individual, and there was some

09:13:36 evidence that provided a general description.

09:13:39 But really not enough to solve the case.

09:13:41 Marcus took that case and took the investigation one step

09:13:48 further and looked into an individual that a possible

09:13:51 suspect into his background and found that he had been

09:13:55 arrested in a target department store over in Clearwater.

09:13:58 He took it upon himself to contact the risk management at

09:14:02 that store, and the individual who had actually dealt with

09:14:05 that suspect, and he showed him the video, and the

09:14:08 individual was able to positively identify the suspect from

09:14:12 that video.

09:14:12 And as a result, the suspect, Samuel Hillman was arrested in

09:14:19 that robbery and a very, very violent criminal was taken off

09:14:23 of the street.

09:14:23 And another incident, we had a series of convenience store

09:14:29 burglaries in the late night, early morning hours in

09:14:33 district one.

09:14:33 And I tell you, this really troubled the Tampa Police

09:14:36 Department.

09:14:36 We had everyone working on it.

09:14:38 We had analyzed it from top to bottom, side to side.

09:14:42 We were doing surveillance.

09:14:43 We did everything that we could to try to solve this.

09:14:46 The individual had, wore a baseball cap with a distinct

09:14:50 insignia on it, but otherwise had his face covered, wore

09:14:54 gloves and we really had nothing to go on except for a

09:14:57 general description.

09:14:58 And officer Bailey took it upon himself to patrol in the

09:15:02 particular area of the stores that were being targeted.

09:15:05 And saw an individual matching the description on a bicycle.

09:15:09 Tried to pull him over, the suspect ran.

09:15:13 Baseball cap flew off, officer Bailey grabbed the baseball

09:15:15 cap.

09:15:16 It had that particular insignia on it.

09:15:19 Was able to arrest this, take the subject into custody and

09:15:22 he actually had a crowbar pushed down into his jacket and

09:15:25 pants.

09:15:26 Subsequently, he was charged with 17 burglaries that we know

09:15:30 of.

09:15:31 So, officer Bailey does a great job every single day that

09:15:35 he's at work.

09:15:36 And the citizens are lucky to have him out in their

09:15:39 neighborhoods patrolling in the area of district one.

09:15:42 And it's my distinct honor to name him as the Officer of the

09:15:45 Month, Marcus Bailey.

09:15:47 [ Applause ]

09:15:56 >>FRANK REDDICK: Officer Bailey, on behalf of the Tampa City

09:15:58 Council, we would like to present you this commendation, for

09:16:01 being selected as Officer of the Month for the period April,

09:16:04 2012.

09:16:04 Thank you and congratulations.

09:16:06 [ Applause ]

09:16:12 >> Rick Cochran with the Tampa PBA.

09:16:15 On behalf of the great staff of Tampa PBA, want to say

09:16:18 congratulations, give you a $100 gift card.

09:16:24 >> Thank you.

09:16:26 >> Good morning, Council.

09:16:27 Joe Durkin of Bright House Networks.

09:16:29 Mark, congratulations on behalf of all of us at Bright

09:16:32 House.

09:16:33 Like to give you one month complimentary service of all our

09:16:36 services, video, high speed and phone.

09:16:39 Congratulations.

09:16:40 >> Thank you.

09:16:41 [ Applause ]

09:16:46 >> I'm from Island Flowers in Ybor City.

09:16:49 These are really not for you, because they're for your

09:16:52 significant other, who is standing behind you.

09:16:55 Thank you, sir.

09:16:58 [ Applause ]

09:17:02 >> Good morning, Steve Stickley representing Stepp's Towing

09:17:05 Service on behalf of Jim and Judy and Todd Stepp, we'd like

09:17:09 to present this statue to you for a job well done.

09:17:11 And also have a gift card to Lee Roy Selmon, so enjoy

09:17:16 yourself.

09:17:17 [ Applause ]

09:17:22 >> Good morning, Council.

09:17:23 Frank Desoto representing Bill Currie Ford and the Currie

09:17:26 family.

09:17:28 I'd like to present you with a watch for a job well done.

09:17:31 Thank you very much.

09:17:32 [ Applause ]

09:17:37 >> Good morning.

09:17:38 I'm Dee Johnson from the Straz Center for the performing

09:17:41 arts.

09:17:41 Thank you very much for all that you do.

09:17:43 I have two tickets for you to see "rain" at the performing

09:17:47 arts center.

09:17:48 We'd love to have you.

09:17:49 Thank you.

09:17:49 [ Applause ]

09:17:51 >> Are you Superman over there?

09:17:53 [ Laughter ]

09:17:54 >> Want to come over here and fly?

09:17:56 >> Steve Michelini, I'm on behalf of a couple different did

09:18:00 folks who would like to recognize you.

09:18:03 Bern's stake hose, $100 gift considerate.

09:18:06 So you can enjoy that with your family.

09:18:09 I have this one four daughter, if she'll come over here.

09:18:11 You want to come over here?

09:18:14 [ Laughter ]

09:18:15 >> I'll handled it to you.

09:18:16 Is that okay?

09:18:17 You're going to be responsible for getting your family to go

09:18:20 take a picture of everybody.

09:18:21 How about that?

09:18:22 Will that be good?

09:18:25 A photographic package from prestige portraits for you and

09:18:28 your family.

09:18:29 Here you go.

09:18:30 Like that?

09:18:33 [ Applause ]

09:18:38 >> I don't want to say that you're not the fast, but running

09:18:41 with a crowbar in your pants has got to slow you down.

09:18:44 [ Laughter ]

09:18:45 >> Congratulations.

09:18:46 >> Thank you very much.

09:18:49 >> Council, chief, I'd like to thank you for the ceremony.

09:18:53 It's an honor to be recognized.

09:18:55 I think the foundation of the rock assignment is teamwork.

09:18:58 We work so well with detectives, patrol and on ROC.

09:19:02 I'm really privileged to work with such a great number of

09:19:06 people and officers.

09:19:07 I'd like to thank the staff and supervisors at district one

09:19:10 for their support and direction.

09:19:11 I'd like to thank my family for their love and support

09:19:14 through the years.

09:19:15 Thank you.

09:19:16 [ Applause ]

09:19:41 >>FRANK REDDICK: We'd also like to present our Tampa

09:19:44 firefighter of the quarter for the period ending April 2012.

09:19:50 Captain Steven Skinner.

09:19:52 Chief, want to introduce him?

09:19:54 >> Thank you, Councilmember Reddick.

09:19:57 Good morning, Council.

09:19:58 And again, we're so appreciative that you allow and afford

09:20:01 us this opportunity to present to you our firefighter of the

09:20:05 quarter for this period.

09:20:06 Today, I want to present to you one of our individuals from

09:20:10 Tampa fire rescue whom I've known his entire career.

09:20:14 And when first coming on, I kind of typified him as a spark

09:20:19 plug.

09:20:21 He's basically even more so become a modern day McGyver

09:20:26 for Tampa fire rescue.

09:20:27 This is a fire officer that really, really, epitomizes the

09:20:32 points of never say die.

09:20:34 There's never an issue that this young officer has not been

09:20:38 able to overcome, to really, really successfully mitigate.

09:20:43 And Steve has 18 years with Tampa fire rescue.

09:20:46 He has been very instrumental in not only developing his own

09:20:51 skills and refining those skills, but also developing

09:20:55 organizational standards with Tampa fire rescue, so much so

09:20:58 that he re-done our entire confined space rescues manual

09:21:04 with respect to where our persons are going in to subsurface

09:21:09 type of elements, or environment, whether it's a cafe-in,

09:21:14 whether sewage pipes or whether it's manholes, to effect

09:21:17 rescues or operations of that nature.

09:21:20 Steve was very instrumental in reconfiguring that,

09:21:24 redesigning that for a more plausible response.

09:21:26 He also redeveloped our fire control daily lesson plan as

09:21:31 well, which all our members of the department now and all

09:21:35 stations train on a regular basis with respect to those fire

09:21:39 tech.

09:21:40 Steve not only does that for our department, but he's very

09:21:44 instrumental in continuing to mentor and to develop and

09:21:48 motivate firefighting professionals and those individuals

09:21:51 that have gone from minimum standards training to become

09:21:56 firefighters.

09:21:57 He teaches with Hillsborough Community College in that

09:22:00 respect.

09:22:01 He's also published a number of article that is have been

09:22:04 internationally reviewed with respect to firefighting and he

09:22:08 has a published article in July 2009 in fire engineering

09:22:13 magazine.

09:22:13 Steve also is a very valued asset, not only to the City of

09:22:18 Tampa, not only to Tampa fire rescue, but he's involved in

09:22:22 youth activities and mentoring youth, where he coaches with

09:22:28 his youth volleyball team, as you see behind me, his son is

09:22:31 a member of the civil air patrol.

09:22:34 And that's a testimony to his dad about giving back to a

09:22:38 community and doing something that's greater than one's own

09:22:41 individual self.

09:22:42 And Steve does that on a regular basis, as well as coaching

09:22:45 a volleyball program at one of the local high schools.

09:22:49 He also, can be commended for a number of other departmental

09:22:55 assets.

09:22:56 There was an incident a number of years ago where we had a

09:22:59 major fire at Tampa International Airport.

09:23:00 Steve was one of the first in on an attack line.

09:23:04 And because he was so involved in the initial attack, about

09:23:08 the second or third floor he was on a line, backing out and

09:23:11 he backed out of a second story window.

09:23:13 His resiliency is such that, that incident of free fall to a

09:23:20 second floor basically was landing, would have probably

09:23:24 taken most firefighters out of service.

09:23:26 They would have been line of duty disabilities.

09:23:29 We're happy and proud and blessed that Steve Skinner has

09:23:33 moved to the rank of fire captain within our organization.

09:23:37 No major incidents as a result of that fall and that again

09:23:40 is a testimony, not only to his fitness, his resiliency and

09:23:44 what he does to embody what it is that a firefighter and our

09:23:47 great community does every day.

09:23:49 So it is my distinct honor and pleasure to present to you,

09:23:53 Council, and to the greater City of Tampa, our firefighter

09:23:56 of the quarter, fire captain Steve Skinner.

09:23:59 [ Applause ]

09:24:00 >> As you might see, Steve is accompanied by his lovely wife

09:24:11 Jennifer, his lovely daughter court know, son Shawn, civil

09:24:15 air patrol, just been promoted to traffic of commander of

09:24:18 his group.

09:24:19 And his parents also here with him as well, Bud and Shirley

09:24:26 Skinner, our firefighter of the quarter.

09:24:29 >> Thank you, chief.

09:24:40 >>FRANK REDDICK: On behalf of the Tampa City Council, we'd

09:24:42 like to present you this commendation of being selected as

09:24:45 the firefighter of the quarter for the period ending

09:24:47 April 2012.

09:24:48 Congratulations.

09:24:50 [ Applause ]

09:24:57 >> Council, Joe Durkin with Bright House Networks.

09:25:01 Dave, congratulations.

09:25:04 Bright house would like to present you one quarter three

09:25:07 months of all bright house service, high speed, video and

09:25:10 phone services.

09:25:11 Congratulations again.

09:25:13 [ Applause ]

09:25:14 >> Thank you very much.

09:25:15 >> Frank Desoto with Bill Currie Ford.

09:25:21 Thank you, Council, for the opportunity.

09:25:21 Steve, congratulations on a job well done.

09:25:23 We'd like you to have this watch.

09:25:29 [ Applause ]

09:25:30 >> I have two tickets for you, please come down and see a

09:25:36 show.

09:25:38 [ Applause ]

09:25:41 >> I hate being up here empty-handed, but the message didn't

09:25:44 come through our fax.

09:25:45 But here's for a dozen long stemmed roses.

09:25:48 I'm assuming it will be for your wife.

09:25:50 You can do it at valentines, and it's $100.

09:25:55 [ Applause ]

09:25:59 >> Congratulations, Steve Stickley representing Stepp's

09:26:04 towing service.

09:26:06 We'd like to present this statue for a job well done.

09:26:08 And we also have a gift card to Lee Roy Selmon.

09:26:13 Thank you.

09:26:14 [ Applause ]

09:26:18 >> I'm not going to ask the kids to sign you up for the

09:26:21 picture.

09:26:23 [ Laughter ]

09:26:24 >> One thing I wanted to say real quick is that the

09:26:27 firefighters that are in the stations are always on duty.

09:26:31 And they're always ready to serve the people of the City of

09:26:34 Tampa.

09:26:36 They're always there for emergencies, and they're there for

09:26:38 other things.

09:26:38 They're there for community service.

09:26:40 And through all of those things, we appreciate what you do.

09:26:43 And being a teacher on top of that is an added plus.

09:26:48 Teaching is probably one of the thankless jobs that we have

09:26:51 and should be one of the highest paid jobs.

09:26:53 So, we certainly thank you for your contribution and

09:26:57 training people, and training youth and trying to inspire

09:27:01 them to follow the great path of a good life, good work

09:27:04 ethic and being productive in our community.

09:27:06 So, all of these people that give you gifts recognize that

09:27:11 and they'd like to say that again.

09:27:13 It's not said often enough.

09:27:14 So we appreciate what you do.

09:27:16 Prestige photos is going to provide you a family portrait.

09:27:22 And Bern's Steak House, $100 gift certificate.

09:27:25 So when you get the roses, you can go to Bern's, how's that?

09:27:29 Congratulations.

09:27:30 [ Applause ]

09:27:35 >> Good morning.

09:27:35 Wow, if I wasn't overwhelmed before, I am now.

09:27:42 When I got the call from captain Warner that told me that I

09:27:45 was awarded this, my first reaction was utter shock and

09:27:48 disbelief.

09:27:48 And then the sinking feeling of knowing that I was going to

09:27:52 have to come up here in front of people and accept an award

09:27:56 for individual achievements or something that distinguishes

09:28:01 me above the members of Tampa fire rescue.

09:28:05 And I kind of said to myself, how am I going to do this?

09:28:08 And the truth is, I can't.

09:28:10 There's 627 other firefighters and paramedics that are every

09:28:15 bit equally as deserving as this.

09:28:18 47 non-sworn employees that are as deserving of this as

09:28:21 well.

09:28:21 So I wanted to be bring that to their attention that I got a

09:28:25 front row seat every third did he when I'm on duty, to

09:28:29 witness extraordinary people doing extraordinary things.

09:28:32 They do it 70,000 times a year and they go home like it's no

09:28:36 big deal.

09:28:36 So it's really amazing.

09:28:38 So I wanted to bring that up to your all's attention, of all

09:28:41 of the good and the positive impact that's being done by not

09:28:44 only Tampa fire rescue, but Tampa Police Department, public

09:28:47 works, everybody.

09:28:48 We always work together as a team.

09:28:50 And I rim am impressed every time I go home and get off duty

09:28:53 at what we're able to accomplish.

09:28:55 So, this is going to be accepted on behalf of everybody.

09:28:57 Also, if I could, I might as well use this as a platform to

09:29:03 publicly thank some people.

09:29:05 My family, my wife, my kids.

09:29:07 They put up not only when I'm not there for special events

09:29:10 but when I get home and have to sleep the shift off.

09:29:13 They've been creeping around their whole life so I can get

09:29:17 some sleep and won't be grumpy so I appreciate that.

09:29:20 The individuals in the companies that they represent, it's

09:29:23 just blows me away that in this economic times and

09:29:27 difficulties that we're experiencing that you all can take

09:29:30 the time, first of all, to even come here.

09:29:33 Acknowledge what we do and then bring gifts.

09:29:36 Truly amazing.

09:29:37 So I pressure it.

09:29:38 I really do.

09:29:38 And I think everybody -- I don't want to speak for members

09:29:42 of the fire department but I can assume that everybody

09:29:44 greatly appreciates what you guys do.

09:29:46 So thank you very much for that.

09:29:48 Council, you've had to make some difficult decisions.

09:29:53 I know that.

09:29:54 But I wanted to say personally, I appreciate what you do for

09:29:59 public safety, and you keep us in the forefront.

09:30:02 And you give us what we need to do the job that we need.

09:30:04 And I know that it's hard sometimes with the budget, the way

09:30:07 things are.

09:30:08 But I appreciate it.

09:30:09 So thank you for doing everything that you do.

09:30:11 And then last but not least, this wealth of white shirts and

09:30:16 blue shirts, that's engine company 5.

09:30:20 And they've always make me look good.

09:30:24 So my job is pretty easy.

09:30:25 But as the chief said, each one of these people, it's kind

09:30:29 of strange because what I always, the advice I give to new

09:30:32 people is, always surround yourself with positive people.

09:30:35 And if you do that, you can't help but become positive

09:30:39 yourself.

09:30:40 You can't help but to rub off you.

09:30:42 And I look at this group.

09:30:43 It's kind of amazing how each one of these people, I have

09:30:46 had individual contact with, I've worked directly understand

09:30:51 90% of them and the other 10% have had some type of impact

09:30:54 on me and I've learned valuable lessons throughout my job

09:30:59 from each and every one of these.

09:31:00 So I've done a pretty good job of surrounding myself with

09:31:04 positive people.

09:31:04 So thank you for everything you guys have done.

09:31:07 That's it.

09:31:08 Little longwinded, but I appreciate everything.

09:31:11 [ Applause ]

09:31:22 >> We won't let him run for office, Council.

09:31:24 [ Laughter ]

09:31:42 >>FRANK REDDICK: Our last presentation of this morning,

09:31:44 Ms. Catherine Jones, you want to come forward?

09:32:13 >>FRANK REDDICK: Thank you.

09:32:14 I think it's always an honor to recognize someone who has

09:32:17 been on the job over 44 years and one particular government,

09:32:23 especially government.

09:32:24 So, we'd like to take this opportunity to give you a

09:32:28 commendation for all your years of being employed with the

09:32:32 City of Tampa.

09:32:33 And want to read this commendation as the state, Katherine

09:32:38 Jones, again working for the City of Tampa, 44 years ago as

09:32:42 part of the on the job training program.

09:32:44 From that position she went on to the Tampa Police

09:32:47 Department as a clerk, and helped keep the department

09:32:50 running smoothly by processing criminals and traffic

09:32:53 reports.

09:32:53 After several years, Catherine moved into the community

09:32:57 affairs department and assisted citizens by typing out their

09:33:00 concerns.

09:33:01 Most recently she moved into the office of City Council, and

09:33:05 offered her support to both the citizens of Tampa as well as

09:33:08 the City Council, always with a cheerful smile and kind

09:33:12 words.

09:33:12 Tampa City Council would like to congratulate Catherine

09:33:16 Jones on her retirement from the City of Tampa and her 44

09:33:20 years of dedicated service.

09:33:21 You have truly been an asset to the City of Tampa and we

09:33:24 deeply will miss you.

09:33:26 Signed by all seven members of the Tampa City Council.

09:33:32 And I'm going to personally miss you because you assisted me

09:33:35 so much.

09:33:36 When I came on board, and we want to present this

09:33:40 commendation to you and I know in your retirement, you're

09:33:44 going to be at Okeechobee fishing.

09:33:47 So we appreciate that.

09:33:49 >> Oh, thank you so much.

09:33:51 Thank you all of you.

09:33:52 [ Applause ]

09:33:56 >> I really appreciate everything that you all have done to

09:34:00 me.

09:34:01 This is an honor.

09:34:04 I really, really appreciate it.

09:34:07 Thanks.

09:34:08 [ Applause ]

09:34:15 >>YVONNE CAPIN: Catherine, now that you have a couple of

09:34:17 weeks of retirement under your belt, you look absolutely

09:34:20 lovely.

09:34:21 >> Oh, thank you.

09:34:23 Thank you.

09:34:27 >>YVONNE CAPIN: Good for you.

09:34:28 We'll miss you.

09:34:30 >>CHARLIE MIRANDA: Ms. Mulhern?

09:34:31 >>MARY MULHERN: Thank you, Cathy.

09:34:32 We miss you already.

09:34:33 There are a lot of other Councilmembers before us, who I'm

09:34:36 sure thank you for what a great job you did there, at the

09:34:41 front office for us.

09:34:42 And we miss you.

09:34:43 Thank you so much.

09:34:45 >> I am honored.

09:34:46 Thanks again.

09:34:53 >>CHARLIE MIRANDA: Okay, item number four, I believe we all

09:34:56 received the memorandum from chief of police, Jane Castor to

09:35:01 our request.

09:35:02 They will come back.

09:35:04 What's happened here, the others police departments and

09:35:08 people in law enforcement, the memorandum of understanding,

09:35:12 if I recall, what I read is not complete.

09:35:15 And as soon as they get that list, they will certainly share

09:35:18 it with us immediately.

09:35:20 That's the text of the memo that I received.

09:35:25 Did all you receive that memo?

09:35:27 Okay, I need a motion to receive and file.

09:35:29 And let's put that back on the agenda after this for 30

09:35:32 days, just to see what happens.

09:35:34 And if 30 days we'll follow-up.

09:35:36 That's my suggestion.

09:35:37 >> So moved.

09:35:38 >> Second.

09:35:39 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, have a

09:35:41 second by Mrs. Capin, all in favor of the motion please

09:35:45 indicate by saying aye.

09:35:46 The ayes have it unanimously.

09:35:47 Public comments on items 1 through 4 in the beginning.

09:35:51 We have not had the workshops and those will be held later.

09:35:54 So anyone in the public who care to speak on items 1 through

09:35:57 4 is certainly entitled to come up now.

09:36:08 >>CHARLIE MIRANDA: Okay, we go to item number 5.

09:36:11 Before we do that, Mr. Shelby did call me about 7:15 this

09:36:18 morning.

09:36:18 There was an illness in his family and he's taking care of

09:36:22 that, as he should.

09:36:23 That comes first in life.

09:36:24 And I don't know if he'll be here shortly or may not be

09:36:30 here.

09:36:30 But I hope it's a minor thing and everything is resolved

09:36:33 quickly.

09:36:34 I don't know if the Council -- there was a memo sent,

09:36:37 Mr. Territo.

09:36:44 >> Mr. Shelby sent the memorandum asking you to continue

09:36:49 this item, at least the next meeting or whatever is

09:36:52 convenient for you, since he's not going to be here.

09:36:55 >>CHARLIE MIRANDA: What's the wish of the Council?

09:37:05 >>MIKE SUAREZ: I was just going to suggest, since the third

09:37:07 is going to be a very busy meeting, on the tenth we have a

09:37:10 CRA meeting and an evening session that doesn't look

09:37:13 terribly booked.

09:37:15 And mayor either one of those would be a time that we could

09:37:19 tax this on.

09:37:20 >> I second it.

09:37:22 >>CHARLIE MIRANDA: Okay, this item number five for may

09:37:25 3rd -- may 10th by Mr. Cohen, seconded by Mr. Reddick.

09:37:31 After further discussion, all in favor of the motion, please

09:37:34 indicate by saying aye.

09:37:34 Opposed nay?

09:37:37 The ayes have it unanimously.

09:37:38 It's been continued to May 10th.

09:37:43 >> You have to have a special City Council meeting to take

09:37:48 this up, rather than CRA issue.

09:37:50 >> So we can just adjourn.

09:37:53 >> Before or after.

09:37:56 >> Just do it immediately after the CRA meeting.

09:37:59 >> That's fine.

09:37:59 Immediately after the CRA.

09:38:01 >> I suggest you set it for 9:00 even though it won't come

09:38:04 up until later.

09:38:05 That way if the CRA ends earlier, then it will be whatever

09:38:08 is available.

09:38:09 >>CHARLIE MIRANDA: Okay, all those in the audience who came

09:38:11 for this issue, it will be heard on May 10th.

09:38:14 Item number 6, it's regarding backyards and chickens.

09:38:24 Yes, ma'am?

09:38:26 >> Good morning, Council, Catherine Coyle, planning manager

09:38:29 for the city.

09:38:31 [ Laughter ]

09:38:33 >>CHARLIE MIRANDA: You're presenting who?

09:38:36 Kentucky fried chicken?

09:38:37 [ Laughter ]

09:38:38 >>CATHERINE COYLE: As I mentioned in the previous

09:38:40 discussion, I believe there's a staff report.

09:38:43 Chapter 19 actually has the regulations related to farm

09:38:46 animals.

09:38:47 And as I mentioned in that previous report, we will be

09:38:49 moving that into the zoning regulations because technically

09:38:52 they are land development regulations.

09:38:54 And I noted to you that fowl, and as I will keep saying fowl

09:39:03 as opposed to just chickens because it does cover -- fowl in

09:39:11 the city, you have to have 5,000 square feet of land for

09:39:14 each five fowl or fraction thereof.

09:39:16 You'll note in the very opening sentence, that --

09:39:21 >>CHARLIE MIRANDA: Let me ask you one question if I may.

09:39:23 It sounds great, 5,000 is, you know, something times a

09:39:26 hundred equals five thousand.

09:39:28 Does that include the building or not the building?

09:39:30 Or is a footprint of the building extrapolated from the land

09:39:35 or altogether?

09:39:36 >> It's just the land itself.

09:39:38 The building is included as well.

09:39:39 So essentially a thousand square feet per bird.

09:39:42 But you note on A-12 that animals have to be kept in an

09:39:47 enclosed area and there's a 200-foot separation from

09:39:51 adjacent residential structure.

09:39:52 The conversation came up briefly at that last report about

09:39:58 which, the couple different Council people mentioned their

09:40:02 opinions on those separations.

09:40:04 I did receive information on what happens in Pinellas

09:40:07 County.

09:40:07 And looking at the summary from Pinellas County, there are

09:40:12 23 municipalities within that particular county and looking

09:40:15 at a neighboring location.

09:40:16 Out of the 23, five municipalities actually allow backyard

09:40:20 fowl.

09:40:21 The one that's closest in size to us and regulation and the

09:40:25 way it is laid out is really within St. Petersburg within

09:40:28 that area.

09:40:29 St. Petersburg's distance strayings is 100 feet.

09:40:32 So it is a hundred feet less.

09:40:33 They do essentially ban roosters and noisy fowl.

09:40:37 And the way they go through the enforcement process on that

09:40:40 according to these regulations, is, if there is a complaint

09:40:43 about a noisy fowl, that is made to the chief of police as

09:40:47 it's mentioned in the regulation.

09:40:49 >> And then they essentially are deemed a nuisance and

09:40:51 ordered to be removed.

09:40:52 You do have to keep them fenced or cooped.

09:40:55 And the coops and the runs for those birds do have to remain

09:40:59 clean.

09:40:59 So the difference with St. Pete it appears, potentially

09:41:03 enforcement is different because we go through the code

09:41:05 enforcement process.

09:41:06 But the distance separation is half the distance.

09:41:10 And just to put that into perspective, whether it's

09:41:12 200 feet, a hundred feet.

09:41:14 The typical 5,000 square foot lot, RS-50 lot, which is

09:41:19 predominant throughout the city, seven feet side setbacks.

09:41:24 Rear yards are a minimum of 20 feet in depth, with 50 feet

09:41:29 wide.

09:41:29 So, you would not have a chicken in every single yard, even

09:41:32 with a hundred foot separation potentially.

09:41:35 The county itself for Pinellas County does not allow

09:41:38 backyard chickens.

09:41:40 I went out and looked at Orlando, as another big comparable

09:41:43 city.

09:41:44 There are agricultural uses allowed in Orlando, however

09:41:51 they're in the urban reserve and holding districts.

09:41:53 Those district are called out for essentially what would be

09:41:55 annexed land for growing population.

09:41:58 So agricultural is considered more interim use.

09:42:01 In our current regulation, we do have the community garden

09:42:04 regulation us that went into effect last year.

09:42:07 However, livestock and farm animals are not allowed.

09:42:12 It is specifically plant life.

09:42:13 I know there are many members from the public here to speak

09:42:16 as well.

09:42:16 If Council so chooses.

09:42:18 I'm interested in hearing Council's ideas on the chickens as

09:42:21 well.

09:42:22 Thank you.

09:42:23 >>CHARLIE MIRANDA: Okay.

09:42:23 Mr. Cohen?

09:42:26 >>HARRY COHEN: I don't know how everyone else feels, but I

09:42:29 would like to hear from the public before we start

09:42:32 discussing it.

09:42:35 >>CHARLIE MIRANDA: Okay, item number 6, either $30 million

09:42:40 deficit in the budget, or chickens, so we're going to take

09:42:43 chickens first.

09:42:44 Anyone in the audience care to speak on item number six?

09:42:49 >> Good morning, my name is Laura Starkey, I live in Tampa

09:42:52 in Seminole Heights.

09:42:53 And my daughter and I have four Rhode Island red Hens, their

09:42:58 wonderful.

09:42:58 We have had them about three years.

09:43:00 They lay beautiful eggs, fresh eggs we get every day, except

09:43:03 in the wintertime they take a break.

09:43:05 We live, as you know, in Seminole Heights has small

09:43:10 bungalows, small lots very close together.

09:43:13 Our neighbors have no issue.

09:43:16 For the first year kept asking my closest neighbor, you

09:43:19 know, are they bothering you at all?

09:43:21 Please tell me.

09:43:22 And he's like, they're fine, they're fine.

09:43:24 Everyone enjoys the eggs and just having them back there.

09:43:27 I know a few that concerns that people have around chickens

09:43:32 and urban settings are noise, smell or sanitation.

09:43:38 And just the overall perception of having farm animals in an

09:43:42 urban setting.

09:43:43 As far as the noise goes, Hens, particularly are absolutely

09:43:48 silent from sundown to sun up.

09:43:50 During the rest of the day, mostly they're quiet, but I will

09:43:53 say they make some noise during the time that they're laying

09:43:56 their eggs or they'll kind of squawk when their waiting

09:44:00 their turn to get in the nest box.

09:44:02 It's no louder absolutely than any neighboring barking dog,

09:44:07 parrots, howling cats in the middle of the night.

09:44:11 We all here neighborhoods' animals all the time.

09:44:13 As far as the smell, same thing.

09:44:15 If you keep it clean, keep the area clean, compost the

09:44:18 manure, put pine shavings down, it doesn't smell.

09:44:22 The rainy season it gets a little stinky, you have to put

09:44:26 the shavings down more frequently.

09:44:29 But like any animals, particularly cats and dogs, which are

09:44:32 common, you have to keep them clean.

09:44:34 So I would certainly support any, you know, enforcement of

09:44:39 cleanliness and smell as well as noise.

09:44:43 Overall, this is part of a very growing and popular local

09:44:47 food movement, with the Community Gardens, which are, as you

09:44:51 all know, very popular and growing in this area.

09:44:53 It's bringing our communities together.

09:44:55 It makes people feel like they're part of a really warm

09:44:58 welcoming community, as opposed to just, you know,

09:45:03 sequestered off little family households.

09:45:05 We're really growing together as a community, having

09:45:08 chickens that are producing food, as well as just being kind

09:45:12 of pleasant.

09:45:13 If you've not been around a chicken, I know some people have

09:45:16 had them in their yard.

09:45:18 They have destroyed my yard in the first year, so I put them

09:45:21 in a closed in area.

09:45:23 But I encourage you to be open minded about expanding your

09:45:27 minds about having chickens as part of our backyard

09:45:30 experience, as well as making it reasonable for people in

09:45:33 the city to do so.

09:45:35 Thank you.

09:45:36 >>CHARLIE MIRANDA: Thank you very much.

09:45:36 Next please?

09:45:38 >> Good morning.

09:45:39 My name is Jacquelyn Easter and I live in south Tampa.

09:45:43 I really didn't intend to speak today, but I do need to

09:45:47 stress that us that have decided to bring chickens into our

09:45:51 family, we have not done that lightly.

09:45:55 And many of us have done extensive research on how to keep

09:45:57 these chickens.

09:45:58 If an ordinance is made that we are allowed to have chickens

09:46:03 in the city, in a smaller parcel of land, not everybody is

09:46:07 going to go out and get a chicken.

09:46:09 The people that have the chickens, they are very involved

09:46:14 and very committed to taking care of these animals and

09:46:18 making sure that they have a very healthful and productive

09:46:22 life.

09:46:22 The chicken movement is sweeping the country.

09:46:26 There are many cities, and it's on a daily basis that the

09:46:31 communities are in the City Councils and the county

09:46:33 commissions and asking for specific ordinances to enable to

09:46:40 have their chickens.

09:46:43 There are things, better things that come out of this.

09:46:46 Myself, I have been for many years and illegal chicken

09:46:50 keeper.

09:46:51 And because of the fowl that I do have, my house was

09:46:57 consistently robbed for 27 years.

09:47:00 And I acquired -- I ordered and was shipped to me the day

09:47:07 they were born, a couple of geese.

09:47:09 And they protect my property.

09:47:11 First time in 27 years, I don't get robbed.

09:47:14 You know?

09:47:15 I had Rottweilers and I had labradors.

09:47:17 That didn't curtail anybody from robbing me.

09:47:20 But these geese do.

09:47:22 My property, when I moved in was a sand lot.

09:47:25 I used the compost.

09:47:26 Now I have a very fertile plot of land.

09:47:29 I don't have grass because in order to have grass, you have

09:47:31 to fertilize it.

09:47:33 And you have to have specific impacts on the environment for

09:47:38 run-off and like that.

09:47:39 My yard is covered with beach sunflowers.

09:47:42 And I hope that this, the Council will look at this really

09:47:51 extensively to say that it's not just a few crackpots that

09:47:57 are having chickens, but people that are really involved in

09:48:01 the environment and their health.

09:48:04 The chicken eggs are very healthy.

09:48:07 They are better, much better -- I would never eat a store

09:48:11 egg chicken again.

09:48:12 But, they, you get 300 times the Omega three in a homegrown

09:48:18 chicken.

09:48:19 They don't -- I don't have a problem with flies.

09:48:21 The fly that is I have are from my neighbor's dogs,

09:48:24 defecating behind my property.

09:48:25 My neighbor, we can go out into my property in front of my

09:48:30 house at 7:00 in the morning, 7:00 in the morning, you have

09:48:33 25 stray cats sitting, waiting on the sidewalk for a lady

09:48:36 around the corner to come by and feed them.

09:48:39 They tear up my yard.

09:48:40 They tear up my garden, digging and defecating in my garden.

09:48:44 So, please --

09:48:47 >>CHARLIE MIRANDA: Thank you very much.

09:48:47 >> Thank you.

09:48:49 >>CHARLIE MIRANDA: Next please?

09:48:50 >> Margaret Vizzi, 213 South Sherrill.

09:48:58 I don't know whether Jerry Frankhouse who will speak,

09:49:02 T.H.A.N. has not taken a position on them we were waiting to

09:49:05 see what Council would put together and propose.

09:49:07 I know that there are neighborhoods that I'll tell you Beach

09:49:10 Park has already taken a position as to whether we want

09:49:13 chickens or not.

09:49:14 And we have had a rooster problem in recent times.

09:49:21 And that was, caused a neighbor to neighbor disagreement.

09:49:25 So, yes, chickens may be great, as you just heard.

09:49:30 But there are health issues and the, as I understand now,

09:49:35 there is also proposal not to even coop them any more.

09:49:39 That would be a major issue.

09:49:40 Because I know that people do not want the chickens if they

09:49:45 are there going into other peoples, on to other peoples

09:49:51 property or out on the street.

09:49:53 So some way or other, they have to be confined.

09:49:56 From way just heard of St. Pete's ordinance, it sounded like

09:50:02 it could be proposed here with a little bit less separation.

09:50:06 But the other issue and the issue of the gardens came up.

09:50:16 If you consider, I think the zoning districts that you would

09:50:20 allow it in, would also be a help for those neighborhoods

09:50:25 that really do not want the chickens.

09:50:28 And those that do.

09:50:29 So Council, I know you have a big issue on your hands again

09:50:32 with all the other big issues you have.

09:50:34 But there are concerns about just letting chickens basically

09:50:39 run loose.

09:50:40 Thank you.

09:50:43 >>CHARLIE MIRANDA: Thank you.

09:50:44 Next?

09:50:45 >> Susan Warren, 920 Broad Street.

09:50:52 Personally I'm neither opposed or supportive for chickens.

09:50:58 They're clean, well maintained, they're running through my

09:51:01 yards, chasing my poor kitty cat.

09:51:03 But I'm perfectly happy with them.

09:51:04 I have neighbor that is have chickens.

09:51:07 You'd never know they are there.

09:51:08 Not a problem.

09:51:09 My problem is what happens to the person who has the

09:51:11 chickens and doesn't maintain them?

09:51:14 Our enforcement process in the City of Tampa is not really

09:51:18 effective.

09:51:19 Give you an example.

09:51:20 I'm on code board.

09:51:21 Yesterday we had a person in who got cited in January 2011.

09:51:25 How many years are we going to let the chickens run loose

09:51:29 before we make the bad person, whom ever that may be, clean

09:51:33 up the mess?

09:51:34 That's my problem.

09:51:35 Our enforcement system is not real efficient, not real quick

09:51:41 to respond.

09:51:41 Usually it doesn't get to the code until it's really bad.

09:51:46 And then it takes quite a while for it to get cleaned up.

09:51:50 So, that's my one opposition to the chickens.

09:51:53 Thank you.

09:51:54 >>CHARLIE MIRANDA: Thank you very much.

09:51:54 Next please?

09:51:56 >> I'm Terry Tulsiac, 4217 West Culbreath Avenue in Beach

09:52:09 Park.

09:52:09 It's my understanding that a lot of people in Beach Park are

09:52:14 actually wanting to have chickens.

09:52:17 I don't know if Margaret took a poll, but, I definitely

09:52:23 would want to have chickens if the rule was changed.

09:52:29 My property was divided through a hardship variance about 20

09:52:36 years ago, so I am too close to my neighbor.

09:52:40 I didn't divide it.

09:52:41 Somebody who, Mr. Higgins divided it, put a wall up, so now

09:52:46 I am too close to my neighbor.

09:52:47 But, they wouldn't have a problem with it.

09:52:51 And I feel that chickens are not a disease issue at all.

09:52:57 I've never heard of anybody getting salmonella from a

09:53:00 backyard egg.

09:53:04 And lots of times, the ones that are withdrawn from sale are

09:53:10 the commercially laid eggs.

09:53:13 I agree that the code enforcement does need to be a little

09:53:20 more clear because the codes that are in place now are not

09:53:27 really sure how they're supposed to be enforced.

09:53:31 I've had people, for example, parking in front of my house

09:53:34 every day in front of a fire hydrant.

09:53:38 And nobody will make a move.

09:53:39 Because they have a right to blow their blower while they're

09:53:46 working.

09:53:46 And that's a lot noisier than chickens.

09:53:49 And I listen to those blowers for five hours a day.

09:53:53 And I think they're spreading a lot more disease than

09:53:58 chickens that are contained in someone's yard.

09:54:01 As to the cats, somebody mentioned, I agree, the cats cause

09:54:10 a lot more problems than chickens.

09:54:13 And chickens usually will stay within their confined area.

09:54:18 I've never seen a chicken jump over a fence.

09:54:20 That's it.

09:54:25 That's all I have to say.

09:54:26 Thanks.

09:54:27 >>CHARLIE MIRANDA: Thank you very much.

09:54:27 Next please?

09:54:28 Ginger Lyons.

09:54:34 I live 305 Genesee Street, Seminole Heights.

09:54:38 I love chickens, they are much healthier eggs than buying

09:54:42 them at the store.

09:54:43 In fact, they just, was an ABC news a week ago, where

09:54:47 they're full of salmonella and they're kept horribly.

09:54:50 So I don't want to buy those kind of eggs, because that way

09:54:55 I'm helping them do that to chickens.

09:54:57 Chickens will stay in your yard.

09:55:00 They're great for gardening, great for compost.

09:55:02 I think we just need to change the rules because nobody has

09:55:08 that big a yard.

09:55:09 I mean, very few of us do.

09:55:11 And I'm all for them.

09:55:12 They're great.

09:55:13 Thank you.

09:55:15 >>CHARLIE MIRANDA: Thank you very much.

09:55:16 Next please?

09:55:20 >> My name is Ingrid Smith.

09:55:22 I reside 5605 North Tawny Avenue in Tampa, Seminole Heights.

09:55:28 First off, if we could consider hens only as opposed to

09:55:32 roosters, because that seems to be the point of contention

09:55:35 as far as noise.

09:55:35 Although we have some peacocks across the river that

09:55:39 generate quite a bit of noise, but when you hear the echo,

09:55:43 it doesn't -- my side of the river actually sounds pleasant,

09:55:46 but I'm sure for the neighbors next door, it's another

09:55:49 issue.

09:55:49 So when you all are considering the fowl issue, whether it

09:55:52 be geese, chickens or otherwise, hens only.

09:55:56 Also, if you consider that moves our lots are 50 feet wide.

09:56:00 So even with a hundred foot setback, you'd basically be

09:56:04 doing sort of like what happened with the Community Gardens

09:56:06 when there was proposition of having in it S 2.

09:56:10 You're saying yes in one hand but telling people no it's not

09:56:13 possible on the other.

09:56:14 So if it could be something that is feasible for the

09:56:16 neighbors.

09:56:17 But it needs to be neighborhood friendly in case do you have

09:56:21 a bad neighbor.

09:56:24 As far as dogs, cats, parrots, generate quite a bit of

09:56:28 noise.

09:56:28 I was lucky enough to volunteer this past weekend for paint

09:56:31 your heart out Tampa, and happened to realize that I was

09:56:34 hearing the cluckings of a chicken nearby.

09:56:40 No roosters, just chickens.

09:56:42 Meanwhile the dogs walk over, you could hear it paying like

09:56:46 you wouldn't believe, whenever somebody walked past.

09:56:49 As far as the setbacks, and the lot allowance, in my e-mail

09:56:55 I included, I had gone online and looked at other parts

09:56:59 across the U.S., not just in Florida.

09:57:01 And it seemed to be that what was workable in the

09:57:04 neighborhoods was, if it was one per thousand feet,

09:57:08 including the footprint of the building.

09:57:11 The coops that they were having were basically between five

09:57:14 to ten feet setback from the property.

09:57:18 So here our structures are seven feet from the property.

09:57:21 And it seemed to be working out in the community was no

09:57:26 further than from 25 to 40 feet from a

09:57:30 Neighboring house.

09:57:32 Provided enough distance.

09:57:34 And in regard to maintenance, I mean, you're allowed to have

09:57:38 cats and dogs, not everybody goes out and gets one.

09:57:41 And I don't think as soon as it's allowable for people to

09:57:45 have chickens in the city in their yards and confined in

09:57:48 their yards, that everybody is going to be running out and

09:57:52 buying them.

09:57:52 I know certainly I won't.

09:57:54 But I wouldn't mind if my neighbor would have one if I could

09:57:57 give them an extra chicken to take care of for me.

09:58:00 So if you all would please consider something that's

09:58:02 workable and reasonable, especially for somebody with a

09:58:08 standard lot like an RS-50, that would be greatly

09:58:11 appreciated.

09:58:12 Thank you.

09:58:12 >>CHARLIE MIRANDA: Thank you very much.

09:58:13 Next please?

09:58:16 >> Good morning.

09:58:17 I'm Mark Sutherland, I live in Seminole Heights, my wife and

09:58:20 I do.

09:58:21 I'm here today to hear about the chicken issue.

09:58:23 My wife and I are very interested in actually raising

09:58:26 chickens in our yard.

09:58:27 In fact, we had plans to do so until we found out through

09:58:31 the media that there's this ordinance that restricts how

09:58:33 many chickens you can have depending on the size of your

09:58:38 lot.

09:58:38 We're very supportive of any ordinance that would kind of

09:58:41 open this up and make it more available to people to raise

09:58:44 chickens.

09:58:44 From way understand, having done a lot of research on them,

09:58:49 there really isn't a noise issue or a sanitation issue if

09:58:52 they're raised properly.

09:58:53 The distinction here, one of the previous speakers talked

09:58:55 about loose chickens and health issues and so forth.

09:58:58 If they're raised properly the way the ordinance is

09:59:01 described, where they will be in a confined pen, there will

09:59:04 be no roosters, they should not be a problem, any more so

09:59:08 than any other household pets like a dog or a cat that, as

09:59:12 people had previously, can make quite a bit more noise.

09:59:16 So, I think is very popular movement.

09:59:20 However, not everybody is going to get a chicken as soon as

09:59:25 this new ordinance goes into effect, if it does.

09:59:28 Hope it does.

09:59:29 So it's not like it's going to be huge issue.

09:59:31 But it's going to make it possible for a lot of people to

09:59:33 get involved in a very positive activity that's good for our

09:59:39 health, good for the community.

09:59:40 And probably good for kids.

09:59:43 You know, I come from the food industry and realize a lot of

09:59:46 people don't even know where their food comes from, a lot of

09:59:49 children don't.

09:59:50 So it would be a good thing that would give parents a chance

09:59:52 to show their children how food comes about.

09:59:56 So, I'm very supportive of it and I hope you are too.

09:59:59 Thank you.

10:00:00 >>CHARLIE MIRANDA: Thank you very much.

10:00:00 Next please?

10:00:03 >> My name is Catherine Kelly.

10:00:05 I live 4211 West Angeles Court in South Tampa.

10:00:08 I'm in favor of backyards chickens.

10:00:11 I have a five-year-old daughter, she'll only be five once.

10:00:15 I think this is a wonderful opportunity for her to learn

10:00:17 about where our food sources come from.

10:00:20 And to become part of growing in our yard and taking part in

10:00:27 these activities.

10:00:28 My husband is a 20 year Navy veteran.

10:00:31 When he retired, he had opportunity to look for jobs all

10:00:34 over the country.

10:00:35 He chose Tampa.

10:00:36 And we think this is a special place.

10:00:39 And it's an opportunity to make Tampa even more special by

10:00:44 engaging and having the chickens in our yard and it's not

10:00:47 dirty and it's something that I look forward to hopefully

10:00:51 doing sooner rather than later.

10:00:52 Thank you very much.

10:00:53 >>CHARLIE MIRANDA: Thank you very much.

10:00:54 Next please?

10:01:01 >> My name is Anna Kelly.

10:01:04 And I live 521 West Angeles, Tampa, Florida.

10:01:08 33629.

10:01:11 [ Laughter ]

10:01:12 >> What do you want to say?

10:01:14 >> I don't know.

10:01:15 [ Laughter ]

10:01:16 >> You're in favor, right?

10:01:17 Thank you.

10:01:18 [ Laughter ]

10:01:22 >> My name is Juan Antonio Rivera, 305 West Genesee Street,

10:01:28 Tampa, Florida.

10:01:30 I have five little hens, we had them approximately three

10:01:33 years on Genesee Street.

10:01:35 It wasn't until April of last year my neighbors cited us,

10:01:39 called code enforcement and they violent cited us.

10:01:42 Took a whole year.

10:01:43 We actually had to place our chickens somewhere else,

10:01:45 actually have two chickens, out there running around with a

10:01:50 real good home.

10:01:51 In Seminole Heights.

10:01:53 But it took them a whole year in order basically to

10:01:56 understand that chickens are, you know, they're not just

10:02:00 wild fowl, they're domestic chickens.

10:02:02 We raised them from peeps all the way to productive

10:02:05 wonderful chickens.

10:02:07 They're our pets.

10:02:08 They have names.

10:02:09 They roamed our yard and they played around with our dog and

10:02:14 our cat.

10:02:14 It was just a wonderful family thing and our neighbors kind

10:02:18 of cited us.

10:02:19 But what really took it into left from a really, the

10:02:23 enforcement, laws are tricky.

10:02:25 We hired an attorney and after we came to court and talked

10:02:28 to the special committees and so forth, they determined that

10:02:31 the reason why we had to get rid of our chickens is because

10:02:34 we consumed eggs and they consider that to be utility.

10:02:37 Actually the word utility, is defined it was, if they

10:02:40 purchase, if we sold the droppings or we sold the eggs, then

10:02:44 it would be considered utility.

10:02:46 But, and we didn't.

10:02:47 We actually gave away eggs and donated our droppings to the

10:02:50 local garden committee that we have in Seminole Heights.

10:02:56 So, I think you know, everybody was forth until the word

10:03:00 utility came up.

10:03:02 I think it's a wonderful thing to have chickens.

10:03:04 I think everybody should have them.

10:03:05 Ybor City has them.

10:03:07 There's a difference between that type of chicken and the

10:03:09 type of chicken you raise.

10:03:11 That's actually wild fowl.

10:03:12 And it's a wonderful thing.

10:03:14 I see people selling food to feed the chickens in Ybor City.

10:03:17 It's a great thing.

10:03:18 But, I think domestic chickens are wonderful.

10:03:21 Thank you.

10:03:22 >>CHARLIE MIRANDA: Thank you very much, sir.

10:03:23 Next please?

10:03:25 >> My name is Ted Matthews.

10:03:29 Live in South Tampa.

10:03:30 I'm eager to get into backyard chickening, but recently like

10:03:36 some of the other gentlemen found out recently could

10:03:38 possibly be illegal.

10:03:39 I certainly don't want to do anything illegal.

10:03:41 At the end of the day this is what the discussion is about.

10:03:44 Are these eggs here.

10:03:46 They're all organic, brown eggs.

10:03:48 They came from the only farm in South Tampa that actually

10:03:51 has the legal restrictions or legal guidelines to raise the

10:03:54 eggs.

10:03:55 Off Interbay.

10:03:56 And the bottom line is simply, reason why I wanted to get

10:04:00 involved was from a movie called Food Inc.

10:04:03 The average chicken in raising 80% of the chickens that come

10:04:06 to market are by four major companies.

10:04:10 They grow through a period of about seven to eight weeks,

10:04:14 and an organic chicken before it lays eggs takes seven to

10:04:17 eight months.

10:04:18 The difference is quite considerable.

10:04:20 As you stated, there's a lot more organic benefit, free to

10:04:24 have one of these eggs and try yourself.

10:04:26 You notice the shells are considerably harder.

10:04:29 But at the end of the day they're not a runny pale yellow

10:04:32 egg.

10:04:34 There's an orange brilliant egg that the taste is

10:04:37 considerably different.

10:04:38 The whole discussion about, you know, the cleanliness and

10:04:42 the sickness is just poor education.

10:04:46 The more you read about them, you'll see it's in fact the

10:04:50 better side of farm animals.

10:04:52 So, I would just encourage -- it is going to be enforced,

10:04:56 there's a lot of homes like you mentioned in Beach Park.

10:04:58 Some of these coops are mag any of sent.

10:05:02 They house four to five hens and ranging from a thousand to

10:05:05 $2,000.

10:05:06 Not only Beach Park, but in Hyde Park, the reason why nobody

10:05:10 knows is because they don't make any noise.

10:05:12 Neighbors don't care.

10:05:13 None of my neighbors seem to care.

10:05:15 But the last thing I want is some code enforcement guy

10:05:17 saying I can't do this after I build a nice coop.

10:05:20 So again, there's no way I can tamp these eggs and get into

10:05:26 them.

10:05:26 You're tree to have them.

10:05:28 They don't need to be set at refrigerated temperature.

10:05:32 And if I again, the only farm that's able to do that is a

10:05:36 place on second street and Interbay here in south Tampa.

10:05:39 So, that's my comments.

10:05:43 Thank you very much.

10:05:43 >>CHARLIE MIRANDA: Thank you very much.

10:05:44 Anyone else in the audience care to speak on item number

10:05:46 six?

10:05:50 >>YVONNE CAPIN: You may want to take those off before they

10:05:52 fall.

10:05:53 >> Thank you, Catherine Coyle, planning manager again.

10:05:55 Just a couple of responses to some of the code enforcement

10:05:59 issues.

10:05:59 The public is right, it is, has been difficult to enforce

10:06:03 issues with fowl.

10:06:04 It begs the question and I was speaking to Julia Cole about

10:06:08 it.

10:06:09 What happens when the chicken does cross the road?

10:06:12 We have actually a bird sanctuary sitting on top of the

10:06:15 corporate limits of the city.

10:06:16 So when there are free range birds of any kind, any kind of

10:06:20 fowl, domestic, wild, aqua tick, any kind, they actually are

10:06:25 protected.

10:06:25 You cannot hunt, kill, trap, maim, molest, move those birds

10:06:30 whatsoever.

10:06:31 So when the chicken does leave the yard or the coop, that

10:06:34 does beg the chicken -- question of whose chicken is it.

10:06:37 So has been difficult at times to enforce the regulations.

10:06:40 The question of the term utility does come in as well

10:06:42 because the definition of utility animal and the definition

10:06:45 of domestic fowl and farm animal.

10:06:49 As I mentioned, the regulations are currently kept in

10:06:52 chapter 19.

10:06:53 We will be moving them to the actual reasoning regulations

10:06:56 because they actually are a use of the property.

10:06:59 And that begs the question for Council is, what we basically

10:07:04 heard today is, obviously they have to be in an enclosed

10:07:07 area.

10:07:07 Our current regulations already require that they're

10:07:10 enclosed.

10:07:11 We could clarify that more that it is a cooped area or a

10:07:14 coop or fence or something.

10:07:17 The distance separation from other residential structures,

10:07:20 setbacks from property lines came into question.

10:07:23 Which I believe they should have a set back, especially as

10:07:26 potentially an accessory structure, which is a minimum of

10:07:30 three feet.

10:07:30 You may want to have it even more than that.

10:07:33 Then also maybe the establishment of certain zones within

10:07:35 the city, given the density of certain areas and the types

10:07:38 of uses that are in certain areas.

10:07:40 Those are things you could consider, geographic Cal areas in

10:07:43 the city as well that would potentially allow backyard fowl.

10:07:47 That's all I have to add at this point.

10:07:49 I'm interested in hearing what you have to say.

10:07:54 >>CHARLIE MIRANDA: Councilmember Ms. Capin?

10:07:56 >>YVONNE CAPIN: You mentioned something about noisy fowl

10:07:58 earlier.

10:07:58 But that does not include the wild protected fowl that can

10:08:02 be noisy?

10:08:04 >>CATHERINE COYLE: Correct.

10:08:04 >>YVONNE CAPIN: Okay.

10:08:05 And to the lady that spoke earlier, I lived near Lowry Park

10:08:09 years ago.

10:08:10 And the peacocks were -- I could hear them four blocks away.

10:08:15 >> I live near Lowry Park and the peacocks are loud.

10:08:18 >>YVONNE CAPIN: Are they still there?

10:08:19 Has been quite a few years.

10:08:21 Okay, I wanted to know about that.

10:08:23 The wild, so they're protected.

10:08:26 >>CHARLIE MIRANDA: Mr. Suarez?

10:08:27 >>MIKE SUAREZ: Thank you, chair.

10:08:28 Okay, Ms. Coyle, I've got several questions, really

10:08:32 concerning where everything falls within the code.

10:08:36 Because we are talking land development code.

10:08:38 There are a lot of other issues that go along with this that

10:08:41 I'm not sure where may fall.

10:08:42 Okay.

10:08:42 Question I have is, can the land development code be used to

10:08:48 control the type housing care of chickens?

10:08:51 Is that something that falls under that code Cody?

10:08:54 >>CATHERINE COYLE: Yes, sir.

10:08:55 >>MIKE SUAREZ: We do the same thing with other domesticated

10:08:58 animals too?

10:09:00 >>CATHERINE COYLE: Correct.

10:09:00 >>MIKE SUAREZ: Are fowl considered non-domesticated animals?

10:09:05 >>CATHERINE COYLE: Currently.

10:09:06 >>MIKE SUAREZ: Currently they are considered nondomestic, as

10:09:09 part of the code, correct?

10:09:10 >> Considered farm animals.

10:09:12 >>MIKE SUAREZ: We're not animal experts.

10:09:13 I don't think anybody in land development, unless you are.

10:09:16 I know you know a little bit about peacocks.

10:09:18 >> I had 17 cats at one point.

10:09:20 Two dogs and cockatiels.

10:09:24 >>MIKE SUAREZ: Did code enforcement go to your house?

10:09:26 >>CATHERINE COYLE: I was in Sarasota County.

10:09:28 >>MIKE SUAREZ: So, I'm not going to get into the discussion

10:09:31 as to types of animals, whether or not they're pets or

10:09:35 laying eggs or anything else.

10:09:38 But when you talk about land development, what issues come

10:09:42 into play in terms of health issues?

10:09:43 I mean, there are other parts of this that -- any time you

10:09:47 raise an animal, doesn't matter what animal it is.

10:09:50 Doesn't have to be chickens, asking dogs, can be cats,

10:09:53 anything else, does that also fall under land development or

10:09:56 is that in another part of the code concerning, you know,

10:10:01 what we expect in terms of basic housekeeping for animals?

10:10:07 >>CATHERINE COYLE: It's actually chapter 19, which is

10:10:09 typically referred to as the code enforcement chapter, but

10:10:11 it's really property structure chapter.

10:10:15 >>MIKE SUAREZ: So this is the 19.

10:10:18 >> As a public nuisance.

10:10:20 Basically gives the unsanitary conditions, attacks on other

10:10:24 animals, attacks on people, noise.

10:10:26 Makes disturbing noises, chases vehicles, all those general

10:10:31 characteristics, be it a dog, bird, a cat, whatever it

10:10:34 happens to be, if you fall within this you're automatically

10:10:37 deemed a nuisance as an animal.

10:10:39 >>MIKE SUAREZ: You've got on there unsanitary conditions.

10:10:42 There a definition of what unsanitary conditions are?

10:10:45 >>CATHERINE COYLE: I don't think it's an actual direct

10:10:47 definition, no.

10:10:51 It's a judgment at that point.

10:10:54 >>MIKE SUAREZ: The reason I'm asking all these questions,

10:10:56 when we start talking about changing code in order to allow

10:10:59 a use, there's a lot more to a use than just you're allowed

10:11:05 to have chickens.

10:11:07 Now, again, I know nothing about chickens.

10:11:09 I'm, you know, that's a whole other issue.

10:11:13 That's why I was asking domesticated versus

10:11:16 non-domesticated.

10:11:18 Do you treat them the same?

10:11:20 And I know these are not answers you have.

10:11:22 These are questions I have.

10:11:24 And as an example, let's say a chicken dies, someone may

10:11:27 want to eat that chicken.

10:11:28 I don't know if, you know, chicken owners do that.

10:11:32 >> I that I those are dead, you don't want to eat it.

10:11:34 Unless you kill it on purpose.

10:11:36 >>MIKE SUAREZ: Again, my point is that if they do kill a

10:11:39 chicken on their property, there are, you know, again,

10:11:44 issues in terms of sanitary disposal of blood and things

10:11:49 like that.

10:11:50 Again, and I say this only from an experience I had as a

10:11:55 college student.

10:11:56 There was a group of guy that is were living in an

10:11:59 apartment -- leaving an apartment I was going to be renting

10:12:02 and they actually blooded a duck inside the bathtub.

10:12:06 Which I unfortunately found out after I moved into the

10:12:09 apartment.

10:12:10 So, you know, I'm not sure what people do with their

10:12:13 animals, domesticated or non-domesticated, in terms of how

10:12:16 they care for them.

10:12:17 And I just don't want to get our code too mucked up with

10:12:22 what is it that we are actually controlling?

10:12:26 You know, obviously, it's a very broad code.

10:12:29 In terms of most of the stuff that we have on there, even

10:12:32 the section that concerns what is called, what is a

10:12:36 nuisance.

10:12:37 I'm not sure we want to be the expert on chickens or any

10:12:40 other kind of fowl or any other kind of animals in terms of

10:12:43 how you care and feed and everything else with animals.

10:12:46 So, I'm not sure where to go on all this I just wanted to

10:12:51 find out if there was something in code that reflects that.

10:12:56 >>CATHERINE COYLE: Well, City Council wouldn't sit as

10:12:58 necessarily the experts to make that judgment on, if someone

10:13:00 actually does have a violation of a noise or odor or

10:13:03 something else.

10:13:04 You have many different options.

10:13:06 Right now it does go through the Code Enforcement Board.

10:13:08 We also have a civil citation process.

10:13:11 It gets much cleaner where a citation is actually issued.

10:13:14 That winds up going through the court system, actually if

10:13:17 someone wants to challenge that.

10:13:18 >>MIKE SUAREZ: Let me ask you a question before you go on.

10:13:21 Reason I'm asking all these questions, because there are

10:13:23 some multi-use areas in other parts of the country, probably

10:13:26 in other parts of the state that allow for some type of, you

10:13:30 know, animal, you know, growing animals --

10:13:37 >> Agricultural.

10:13:38 >>MIKE SUAREZ: Yes, agriculture.

10:13:41 And I know there are some in this state.

10:13:44 Specifically zoned for that type of use.

10:13:47 >>CATHERINE COYLE: They're in the county.

10:13:49 >>MIKE SUAREZ: They're in the county, typically.

10:13:51 >>CATHERINE COYLE: Well, in this county.

10:13:52 They're not in the city.

10:13:54 >>MIKE SUAREZ: I'll give an example.

10:13:56 Miami lakes is a part of Florida that does allow some use,

10:14:00 it was a former dairy farm and now a dairy ranch, and now

10:14:04 it's got, still has cows in some parts of Miami lakes.

10:14:09 That's the way it was developed, that's the way it started.

10:14:12 That's the way that they continue to allow that type of use.

10:14:15 Now, again, it's probably zoned in a certain way that allows

10:14:18 for that kind of use.

10:14:21 >>CATHERINE COYLE: Or it could be an ongoing nonconforming

10:14:23 use.

10:14:24 >>MIKE SUAREZ: It could be.

10:14:25 >>CATHERINE COYLE: Much like the farm on Interbay.

10:14:28 >>MIKE SUAREZ: But that's a planned community though.

10:14:29 So my guess is they planned for the use of that land and

10:14:32 allow for continued agricultural use.

10:14:37 And I think you had mentioned that, most of the other cities

10:14:41 don't, in the state at least don't have the domesticated --

10:14:46 excuse me, the fowl, you know, issues in terms of, you know,

10:14:52 chickens and other things, if I'm not mistaken.

10:14:54 >>CATHERINE COYLE: I've only looked at a couple.

10:14:57 >>MIKE SUAREZ: Comparable sizes, right?

10:14:59 >>CATHERINE COYLE: Correct.

10:14:59 And before I were to propose an ordinance, if Council were

10:15:02 to give some general parameters about setbacks, distance,

10:15:05 noise, odors and then, before I would bring back

10:15:08 regulations, I would go out and do extensive research.

10:15:11 And more than likely come up with additional definitions

10:15:13 that clarified utility animals, what those types of offenses

10:15:19 could be.

10:15:20 To clean it up.

10:15:21 Because the language does need to be cleaned up, so it's a

10:15:24 much clearer guide for the enforcement team that actually

10:15:26 goes out and looks at them.

10:15:28 And I would recommend we probably go down civil citation

10:15:31 process as opposed to the code enforcement board hearing

10:15:34 process.

10:15:35 >>MIKE SUAREZ: You're saying it has to be cleaned up whether

10:15:38 or not --

10:15:39 >> Regardless.

10:15:40 >> Thank you, Ms. Coyle.

10:15:41 Appreciate it.

10:15:45 >> Ms. Coyle, do you know when the current provisions

10:15:48 governing this matter were originally established?

10:15:52 >>CATHERINE COYLE: The earliest date on section 19-76 in the

10:15:56 code itself is 1989.

10:15:58 >>HARRY COHEN: 1989.

10:15:59 You know, it strikes me that an awful lot has changed since

10:16:03 1989.

10:16:03 And one of the things, we don't all have cell phones that we

10:16:08 were walking around with in 1989.

10:16:10 And one of the things that's really taken on a life of its

10:16:14 own in the past five or 10 years, is the whole concept of

10:16:17 farm to table, the whole concept of people really making an

10:16:21 effort to eat locally produced food, as opposed to food that

10:16:25 is mass produced.

10:16:26 And people wanting to control what hormones and antibiotics

10:16:31 may be in the eggs that they eat.

10:16:33 Then of course I think there's no question that some people

10:16:35 want to teach their children that food actually comes from

10:16:39 animals.

10:16:40 It doesn't necessarily come from Publix or Sweetbay, or

10:16:44 where it appears to come from.

10:16:46 And the reason I say that is because it seems to me that the

10:16:52 right thing to do in this case is for to us modernize our

10:16:56 code to fit in with the way people are living today.

10:17:00 And it's in that spirit that I think we can address this

10:17:05 issue and at the same time build in safeguards to make sure

10:17:08 that we don't have chickens running around in neighborhoods

10:17:11 and people having to chase errant animals around their

10:17:16 yards.

10:17:16 Clearly the same rules that would apply to dogs and cats and

10:17:21 other animals could easily apply, you know, to chickens,

10:17:25 although maybe the bird issues would preempt that.

10:17:31 I was going to, after everyone spoke, make some suggestions

10:17:36 to how we might craft an ordinance that would allow for the

10:17:39 raising of chickens for the purpose of producing eggs inside

10:17:44 the city, but also have a strong balance to make sure that

10:17:49 the neighborhoods and the people surrounding the chickens

10:17:52 had a voice so that they weren't, you know, overtaken by

10:17:55 something that created a nuisance.

10:17:57 So, maybe once we have heard from everyone, I'll make some

10:18:03 of those suggestions.

10:18:09 >>FRANK REDDICK: Thank you, Mr. Chair.

10:18:10 Let me first start by thanking Myron Harris Jones for

10:18:18 sending me a picture of her pet Duffie chicken.

10:18:27 So I think it was done based on my previous comments at the

10:18:33 last time we had a discussion.

10:18:34 So, I want to thank her for that.

10:18:36 Where did she go?

10:18:44 >>CHARLIE MIRANDA: She went to get other pictures.

10:18:47 >> Had to step out of the room in just a minute.

10:18:50 If there are any questions I can try and answer in the

10:18:53 meantime.

10:18:54 >>FRANK REDDICK: Well, let me try.

10:18:55 We currently, our code currently state that you can have

10:19:00 chickens in the backyard, correct?

10:19:04 >>JULIA COLE: There is allowability for chickens within our

10:19:08 code with some very specific parameters.

10:19:10 Make it very difficult for most property owners to have

10:19:13 them.

10:19:14 >>FRANK REDDICK: But you can chicken in the backyard.

10:19:18 >>JULIA COLE: As it stands right now, the code does provide.

10:19:21 >>FRANK REDDICK: From my understanding, it has to be within

10:19:25 200 feet of a residential property or adjacent to a

10:19:29 property, is that correct?

10:19:31 >>JULIA COLE: I think it's something to that effect.

10:19:33 I don't have all of the specific regulations on the top of

10:19:38 my head.

10:19:38 But I think it is something like 200 feet away from

10:19:41 residential property line.

10:19:43 It is something where I understand the parameters are such

10:19:45 that it is very difficult to do.

10:19:48 >>FRANK REDDICK: All right, thank you in that respect.

10:19:50 Let me just say, we talk about -- I keep hearing comments

10:19:57 about education.

10:20:03 People wants to have, educate their children.

10:20:06 Of growing eggs and all of this.

10:20:13 I mean, you can buy books and read and educate your child

10:20:17 about organic products and organic food.

10:20:21 I think -- if I'm correct, you can go in the grocery store,

10:20:26 Publix and buy organic eggs?

10:20:32 >> Is that my question?

10:20:34 >>FRANK REDDICK: Yes.

10:20:34 >> I do buy my eggs from Publix and I do buy free range.

10:20:38 But I don't know if they're the same as from a farm.

10:20:41 >>FRANK REDDICK: So, and they -- reason I'm asking the

10:20:44 question, because, e-mails I have received and the phone

10:20:52 calls that I have received, no one supports having chickens

10:20:57 in their backyard.

10:21:00 And I share with you an experience that I had with a loose

10:21:04 chicken.

10:21:04 And the last time we discussed this.

10:21:08 And the problem I have, even if you put a chicken in a coop,

10:21:12 you put a chicken in your backyard, chicken going to get

10:21:17 loose sometime.

10:21:18 That chicken know how to fly.

10:21:20 And I've seen -- and I learned that from my experience from

10:21:25 taking -- chasing a loose chicken around my house.

10:21:28 A chicken know how to fly.

10:21:32 Now, that chicken going to end up in somebody's yard who

10:21:37 would not wish to have this chicken in their yard.

10:21:40 And so how are you going to control that?

10:21:45 How are you going to enforce that?

10:21:47 And because, if you allow someone, my next-door neighbor to

10:21:52 have a chicken coop back there, allow them to put chicken in

10:21:57 their backyard, I personally do not want no chickens.

10:22:02 And that chicken get loose, who is responsible for that

10:22:05 chicken?

10:22:06 If something happens to that chicken?

10:22:10 And so, I understand about the unincorporated areas that you

10:22:16 have chickens.

10:22:17 We currently have a policy in place that you can have

10:22:20 chickens in your backyard.

10:22:22 And I understand that you, we got some requirement.

10:22:27 I just don't support -- you can't modernize everything.

10:22:31 You can't modernize a chicken.

10:22:39 And I don't know about how other members of the Council

10:22:46 feel, but my personal feeling is, chickens, having a chicken

10:22:52 is a public nuisance.

10:22:54 The chicken kick up mud.

10:23:02 The chicken run around the house and destroy my flowerbeds.

10:23:08 And I'm responsible for having to clean that up, the

10:23:13 droppings, the droopings or whatever you call it, so, I

10:23:18 would not chase my position.

10:23:22 I will not support chickens, the current rule we have in

10:23:27 place, I will support that.

10:23:29 But I will not change my position to modernize it because I

10:23:33 don't think in the city limits of the City of Tampa we

10:23:37 should have loose chickens running around in somebody's

10:23:43 backyard.

10:23:43 And so, Mr. Chairman, those are my comments and it might not

10:23:50 be favorable, but that's my position.

10:23:53 And I don't care if you don't like it or not.

10:23:56 >>CHARLIE MIRANDA: And we appreciate your position, and I

10:23:58 know that you do care.

10:24:00 >>FRANK REDDICK: Thank you, sir.

10:24:01 >>CHARLIE MIRANDA: Ms. Mulhern?

10:24:03 >>MARY MULHERN: Thank you.

10:24:04 Mr. Reddick, I've been meaning to ask you the last time if

10:24:09 you're sure that was a chicken and not a rooster.

10:24:12 It was a chicken, okay.

10:24:14 I think -- I have many, and we have heard from many people

10:24:20 today.

10:24:20 I have people e-mails from people who are in opposition, but

10:24:24 most of the e-mails I got were people in support of revising

10:24:29 our ordinances.

10:24:31 And I think, we heard from a lot of people today who are

10:24:36 here, were brave enough to say that they actually do have

10:24:39 chickens in their backyard.

10:24:41 But the reality is, there are so many people who have them,

10:24:46 and every neighborhood I know has them.

10:24:48 And the idea of restricting witch zones or areas or

10:24:53 neighborhoods could have them doesn't even make sense any

10:24:56 more because there are so many people that have chicken

10:24:58 coops and have a few chickens in their backyard that, and

10:25:02 because really in general, other than that rogue chicken

10:25:06 that Councilmember Reddick had the terrifying experience

10:25:09 with, you don't even know that they're there on your block

10:25:12 or in your backyard.

10:25:13 I really think that's the reality here.

10:25:19 So, what I think we need to do -- and the way our code is

10:25:23 written right now with that 500-foot distance separation

10:25:28 doesn't, you know, has to be fixed.

10:25:31 -- 200-foot.

10:25:33 Sorry.

10:25:33 That would be even worse.

10:25:35 But, I think we heard from a lot of people today with some

10:25:39 good suggestions.

10:25:40 And I didn't hear a lot of opposition to us really bringing

10:25:45 our code into the reality of the way that things are now,

10:25:51 that a lot of people do have in urban settings have backyard

10:25:55 chickens.

10:25:55 I'm sure that Ms. Coyle can find a model ordinance because

10:26:00 there are so many cities, bigger and more dense than Tampa,

10:26:04 that do, you know, have recognized this and made it possible

10:26:10 to do this without creating, you know, even code enforcement

10:26:15 problems for us.

10:26:15 So, I think we have a reasonable setback, I think Ms. Smith

10:26:20 had some good suggestions, but I also think that I'm sure

10:26:23 that there are model ordinances maybe -- I think St. Pete's

10:26:27 100 feet is probably still too big.

10:26:30 But the idea of making the distance separation maybe from a

10:26:34 house as opposed to from the lot line might make sense.

10:26:40 I think it sounds like pretty much everybody realizes that

10:26:44 we shouldn't allow roosters, just hens.

10:26:47 And I think that the reality is -- I'd like to see us come

10:26:52 up with some revisions fairly quickly, because this is

10:26:56 reminding me of four years ago when we first started talking

10:26:59 about Community Gardens and there was a fear among Council

10:27:06 then and among some of the neighbors about whether we should

10:27:11 allow Community Gardens.

10:27:14 Well, now we have, you know, community garden in Tampa

10:27:17 Heights where each of us has a tree named after us.

10:27:20 And the reality is, I haven't gotten complaints about there

10:27:26 being -- really, it's something that we're recognizing what

10:27:30 the trends are, and what the reality is in a difficult

10:27:36 economic time and also in a time where people are realizing

10:27:39 that they want to have healthy food.

10:27:43 And they might want to grow their own in their own little

10:27:47 backyard and urban agriculture is happening and you know, we

10:27:54 can't really -- it's not even so much modernizing as going

10:27:58 back to more local, workable, healthy model for feeding

10:28:05 ourselves and our families.

10:28:07 So, I'd like to see you come back with some recommendations

10:28:12 and I'm sure Mr. Cohen might have some more specific

10:28:18 suggestions, but my things are to fix the setbacks, not to

10:28:22 allow roosters.

10:28:24 And the other thing is -- I think you're already going to do

10:28:27 that, but possibly just change that, the utility animal

10:28:33 designation to domestic animal for hens, or for fowl.

10:28:42 >>CHARLIE MIRANDA: Mr. Capin, then.

10:28:47 >>YVONNE CAPIN: Thank you, Mr. Chair.

10:28:48 It seems like we're going a 50 year, we're going back --

10:28:54 we're not going back, but it's a 50 year cycle.

10:28:57 And I'm going to share this.

10:28:59 I am interested in hearing the parameters that are, may be

10:29:04 coming forth as opposed domestic as opposed to -- you know,

10:29:09 farm animal.

10:29:10 I group in an agricultural area called Ybor City.

10:29:14 And 50 years ago or more, when I was about four years old,

10:29:24 my grandfather had fowl in his yard.

10:29:26 I learned that we ate the eggs and we did eat the fowl also.

10:29:31 I learned the process exactly how it was done to de-feather

10:29:36 them at a very young age.

10:29:43 Then we fast forward 30 years from that time and I had a

10:29:49 young boy visiting our home and we were making some egg

10:29:52 dish.

10:29:52 He wanted to know where eggs came from.

10:29:54 And I asked him where do you think eggs come from?

10:29:57 He said trees.

10:29:59 [ Laughter ]

10:29:59 >>YVONNE CAPIN: And I knew we had gone 30 years of, from

10:30:04 where I grew up with the animals in the yard, and there were

10:30:08 geese also, who chased myself and my sister around the yard.

10:30:14 And then, you fast forward 20 years, and we're here.

10:30:18 One of the things I'd like to see is, hear, I'd like -- I

10:30:27 do, Ms. Coyle's suggestion of the intensive study for this.

10:30:35 Because I will tell you as far as pets or domestic, at one

10:30:43 time, I am highly allergic to cats.

10:30:46 But I lived in Beach Park and we had a huge issue with mice

10:30:52 from the water.

10:30:53 And into the citrus trees.

10:30:55 So, I brought a kitty home, who had to be outside, but had

10:31:01 every -- was spayed, all the vaccinations, and my neighbor

10:31:08 next door said to me, your cat is loose in the yard.

10:31:13 And I said yes, it's because of the mice.

10:31:15 He said I'd rather have mice.

10:31:17 So, as far as what the neighbor thinks, that -- that would

10:31:23 be, that's up to everyone has an opinion.

10:31:27 But, we didn't have any mice in our yard any more.

10:31:31 So, I just wanted to share that with everyone here in a

10:31:38 little bit of Tampa's history and how we have come, we're

10:31:42 coming full circle.

10:31:44 I'd love to hear the -- I'm looking forward to hearing the

10:31:48 suggestion from my fellow Councilman Cohen.

10:31:52 And I thank you for the time.

10:31:54 >>CHARLIE MIRANDA: Thank you very much.

10:31:56 Mr. Cohen?

10:31:58 >>HARRY COHEN: Thank you very much, Mr. Chair.

10:31:59 I did want to -- I do want to make a motion, but before I do

10:32:03 that I do want to address one thing that Mr. Reddick asked.

10:32:06 And that was regarding organic eggs being available at

10:32:09 grocery stores.

10:32:10 Absolutely they are.

10:32:11 But they're very expensive.

10:32:13 And people that raise chickens and are able to produce eggs

10:32:18 on a regular basis are able to actually do it at some amount

10:32:22 of savings over what they pay, would pay for organic or free

10:32:28 range eggs at the grocery store.

10:32:30 So with that said, I'd like to make the following motion.

10:32:34 And it hopefully will incorporate some of the comments that

10:32:39 were made particularly just now by Councilwoman Mulhern and

10:32:44 Capin.

10:32:45 The first would be to request staff to draft an ordinance

10:32:48 addressing backyard chickens for City Council's

10:32:51 consideration during the next Chapter 27 amendment cycle.

10:32:55 That the amendment use the same procedure for review and

10:32:59 approval as the Community Gardens ordinance, which is an S-1

10:33:03 administrative review process.

10:33:05 And that the proposed standards should be similar to those

10:33:08 in other communities, perhaps tracking a model ordinance

10:33:12 that's been adopted elsewhere.

10:33:15 I would also like to add that the ordinance should prohibit

10:33:19 roosters, it should create a reasonable distance separation

10:33:23 of less than a hundred feet between the chicken and the

10:33:29 nearest residential dwelling.

10:33:32 Owned by someone else.

10:33:33 That the ordinance address the issues of keeping the animals

10:33:38 cooped.

10:33:39 And also explore the issue of whether or not it would be

10:33:43 possible to establish certain zones within the city where

10:33:47 chickens would be allowed or not allowed.

10:33:51 >>CHARLIE MIRANDA: I have a motion at this time -- I haven't

10:33:56 really closed this hearing.

10:33:57 I want to hold that motion in abeyance.

10:34:00 And then we'll do that.

10:34:03 Let me say something.

10:34:04 I've been silent for a while.

10:34:06 When I was a very young boy, it was chickens in our

10:34:12 backyard.

10:34:13 There was also a goat.

10:34:15 The neighbors had cows.

10:34:17 Some neighbors had horses.

10:34:18 And yes, that was the suburban area of Ybor City.

10:34:24 When then now, MLK Boulevard to the north was considered a

10:34:32 wilderness.

10:34:33 When the stadium was -- the stadium, is that now on Himes

10:34:37 there.

10:34:37 There, we used to go cut the hay.

10:34:40 And guy would pay us to go cut the hay with a scythe to give

10:34:46 to the cows and horses they would then bundle up and take.

10:34:51 Chickens were a way of life.

10:34:52 We used to go buy for ten cents east at lope pus feed on

10:35:00 east seventh avenue.

10:35:01 Not that feed store.

10:35:02 But a feed store on 26th avenue and 15th street.

10:35:05 And I would call that man, I'm going to admit to things I

10:35:08 would do sometimes that were not too good, but I called him

10:35:12 and said I'm [speaking Spanish] which for the baby chickens

10:35:16 is like a powder stuff.

10:35:17 Then half a pound of cracked corn for the older ones, this,

10:35:21 that and the other.

10:35:22 Then when I wanted to do something, you know, you're not

10:35:25 supposed to do, I would call them, give them an order for

10:35:28 horses and cows and this, that and the others, and I would

10:35:31 give him his own address to deliver it to.

10:35:34 He would load the truck and he would really get upset.

10:35:37 I'd be watching him load the truck and go around the block

10:35:40 trying to find his own address.

10:35:41 But those are the things I did when I was a young man.

10:35:44 I admit to that, but these are the things that it taught me

10:35:48 anyway.

10:35:50 My mother and I were the only ones that would really deal

10:35:53 with the chickens.

10:35:54 And we would, when there was a chicken fest, people want to

10:35:59 come over to eat, my mother and I were the ones that were

10:36:02 given the orders to go get the food.

10:36:05 And we were the ones that had to do either the neck twisting

10:36:09 or whatever, and boiling of the chicken in hot water.

10:36:13 And plucking them and getting preparation, somebody else

10:36:17 would cook the meal.

10:36:18 But it taught me a lot.

10:36:22 Even when I went to the new condominiums, I thought they

10:36:25 were condominiums, hot water, solar heater, it was actually

10:36:30 Tampa housing authority because I never had hot water and I

10:36:33 thought it was the first condo in my life.

10:36:35 Even there was a little alcove with about a three by seven

10:36:38 where the electrical outlets were, and I would get chickens

10:36:42 and raise them in that little alcove.

10:36:45 Never had a problem with chickens.

10:36:47 I understand the apprehension of some folks in the city.

10:36:52 And maybe there's a mechanism now with all this technology,

10:36:56 where you can put a little label on the chicken leg, a

10:37:00 little thing with your name on it.

10:37:02 Doesn't come off.

10:37:03 Doesn't hurt the chicken.

10:37:04 Doesn't hurt anything.

10:37:05 And these are the things you could identify the chicken.

10:37:07 I don't want to have a police captain looking for strange

10:37:11 lost chickens in the neighborhood either.

10:37:14 But I want to get to the bottom of this I also don't want to

10:37:17 see any chickens killed for spiritual activities.

10:37:20 And that happens quite often.

10:37:22 More than you and I understand.

10:37:24 And let me tell you about goats.

10:37:27 We had goats.

10:37:29 And goat throughout the world other than here, because we're

10:37:32 very smart society.

10:37:34 And we think we know it all.

10:37:35 But goats are moved from parts of highways to eat the grass,

10:37:40 so you don't have to have a lawn mower and expense and the

10:37:44 gas is going up and the atmosphere, they use goats.

10:37:47 I'm not suggesting that, don't get me wrong.

10:37:50 [ Laughter ]

10:37:51 >>CHARLIE MIRANDA: I'm just saying that's what a lot of

10:37:53 population in the world use.

10:37:54 They just put a stake here and the goats eat around.

10:37:58 Can't go, can't leave.

10:37:59 But these are the things that I remember growing up.

10:38:02 In fact, right here on Ashley drive and the railroad track,

10:38:06 used to be Jackson grain.

10:38:08 Boy, that was the wholesaler that would sell you the grain

10:38:11 to -- there was a lot of areas that had feed stores because

10:38:17 mostly everybody had chickens.

10:38:19 Not all.

10:38:20 But most in my neighborhood anyway had chickens.

10:38:23 And I enjoyed them.

10:38:26 And we had a great time.

10:38:29 They taught me a lot.

10:38:31 But anyway, Ms. Coyle?

10:38:35 >>CATHERINE COYLE: Thank you.

10:38:36 Catherine Coyle again.

10:38:37 If I could just ask a couple clarifying questions on the

10:38:40 motion.

10:38:41 We talked about the enforcement briefly.

10:38:43 I talked about the two different approaches.

10:38:45 Potentially, because even Mr. Miranda mentioned we don't

10:38:48 necessarily want to send the chief of police out there.

10:38:50 There's the civil citation process which we have adopted for

10:38:54 many different violations, which is more a ticketing

10:38:57 process.

10:38:57 Then we have the straight Code Enforcement Board, which is

10:39:00 much more lengthy.

10:39:02 Would you like to us explore the civil citation process as

10:39:05 well for enforcement?

10:39:06 The second one, you mentioned slaughtering for religious

10:39:10 purpose, because touchy subject over religious freedom.

10:39:15 I'm assuming based on the conversation I have heard this is

10:39:18 just for consumption of eggs, not actually killing the

10:39:20 chickens.

10:39:21 I can research other health issues with that.

10:39:23 But I'm assuming that we're not talking about eating the

10:39:26 animals themselves.

10:39:26 Just the product of the animal.

10:39:29 >>HARRY COHEN: I wasn't contemplating anyone slaughtering

10:39:33 the chickens and eating them.

10:39:34 >>CHARLIE MIRANDA: I go back to the original motion by

10:39:37 Mr. Cohen, second by Ms. Capin.

10:39:40 Any further discussion of that motion?

10:39:41 All in favor of the motion, please indicate by saying aye.

10:39:44 Opposed nay.

10:39:46 Motion passes 6-1.

10:39:47 Thank you very much for your expressing your feelings today

10:39:56 on the chickens.

10:39:57 We go to item number 7.

10:40:04 Which is the item on the audit of solid waste.

10:40:20 >> Good morning.

10:40:23 I may have gained a new perspective on chickens today.

10:40:26 My name is Mike Herr, I'm pleased to have joined the city's

10:40:31 leadership team.

10:40:32 I'm your new administrator of public works and utility

10:40:35 services.

10:40:36 I started Monday.

10:40:37 So this is my fourth day.

10:40:38 It's a pleasure to be here.

10:40:40 And many of you have been very are gracious with your time

10:40:43 for next week and I look forward to meeting with you.

10:40:46 I've had a chance to talk with our leadership team with

10:40:48 respect to this audit that's been done and we're going to be

10:40:50 talking about this morning.

10:40:52 I am pleased to introduce Tonja Brickhouse, our slaved

10:40:56 director, needs no introduction our solid R lid waste

10:41:01 director.

10:41:02 Look forward to working with you.

10:41:04 >> Our pleasure, Ms. Brickhouse.

10:41:06 >> Good morning.

10:41:07 Tonja Brickhouse, City of Tampa, department of solid waste

10:41:11 and environmental program management director.

10:41:13 Council, it's a pleasure to be before you this morning.

10:41:15 I have tag teamed with Roger Strout, our internal auditor to

10:41:21 do this morning's presentation.

10:41:23 What we plan to do is first have Roger Strout come forward

10:41:26 and give you an update on the audit and the audit findings.

10:41:30 Then I'll follow him with the current ongoing action.

10:41:37 >> Thank you, Tonja.

10:41:38 I'm Roger Strout.

10:41:39 The city internal auditor.

10:41:41 And what I've done to try to make this easier to work

10:41:45 through is, I've prepared a PowerPoint, which has one slide

10:41:49 for each finding and each recommendation.

10:41:51 And I've got handouts as well as the video room has the

10:41:56 flash drive and they can put those on the monitors for you.

10:41:59 Let me give you a copy of the overhand.

10:42:14 Not to steal any of Tonja's presentation, she has prepared a

10:42:17 matrix, which shows down the left-hand side, each issue.

10:42:22 And then the column with our recommendation.

10:42:25 Then a third column with their status, what they've done.

10:42:29 And then a fourth column with comments of what they're going

10:42:31 to do.

10:42:32 So she has a nice matrix she's going to bring up and discuss

10:42:36 with you.

10:42:36 I thought I'd start out just reviewing the conclusions of

10:42:44 the audit.

10:42:45 There are some good things in our conclusion and there are

10:42:48 some opportunities to improve.

10:42:49 First of all, our conclusion was that customers were charged

10:42:54 in accordance with the rate resolutions.

10:42:56 And any adjustments were properly calculated and supported.

10:43:01 This is a good thing.

10:43:02 Our second conclusion, customer complaints were not always

10:43:06 addressed in a timely manner.

10:43:08 Our third conclusion touched on overtime.

10:43:13 While there has been a reduction in overtime over the past

10:43:15 few years, and we'd like to commend solid waste for that

10:43:20 reduction, there seems to be an opportunity to improve the

10:43:24 documentation, specifically approving the overtime in

10:43:29 advance and using the proper city forms for documenting

10:43:34 overtime.

10:43:37 >> Mr. Strout, I think if you could keep the slide going

10:43:39 with your presentation, then the people on the Twiggs will

10:43:41 be able to seat.

10:43:42 Thank you.

10:43:44 >> Thank you for bringing that up.

10:43:46 Haven't been here for about nine months.

10:43:50 And then lastly, solid waste currently does not have the

10:43:55 necessary tools to optimize their roots.

10:43:57 And tools, we're talking about software.

10:44:00 Now let me go specifically into each individual finding and

10:44:06 our recommendation.

10:44:07 The first audit issue, which is before recommendation one,

10:44:16 and that is the system reports.

10:44:19 Let me explain these two am crow nips.

10:44:21 CSC stands for customer service tem.

10:44:25 That's the system most everybody is familiar with that's on

10:44:27 the city's web site, where you can go to that web site and

10:44:30 you can send a complaint or a question or any kind of

10:44:34 information that you're desiring from the city into the

10:44:37 customer service system and you will get an answer.

10:44:40 The beauty of that system, it's the ultimate in followup.

10:44:44 The citizens question doesn't go away until it is resolved.

10:44:47 And that system is monitored.

10:44:49 Additionally, if the customer has an issue regarding their

10:44:54 solid waste, they could call into the call center.

10:44:57 And the call center works with the MSS system, which is the

10:45:01 multi-service system.

10:45:02 This is the city's billing system.

10:45:05 It bills people for water, for wastewater and solid waste.

10:45:09 This is the central repository of the customers' data.

10:45:13 And when someone calls in information that they are

10:45:15 presenting to the customer service center, operators, about

10:45:19 their complaint, gets recorded in the MSS system, which is a

10:45:23 good thing.

10:45:24 Because that's the home base for information from a

10:45:27 customer.

10:45:27 And then that way you can see the history of any issues or

10:45:31 complaints or problems they have.

10:45:33 It's the repository for that history.

10:45:35 Currently, the system reports do not provide information to

10:45:41 residential management in a useful format.

10:45:43 You've got the customer service system providing it one way

10:45:46 and you have the MSS system providing it another way.

10:45:50 Further in my report, you'll see us recommend these two

10:45:53 systems should be integrated, so information from the

10:45:55 customer service system gets passed to the MS system, which

10:46:01 is the repository for that history.

10:46:03 Our recommendation was that solid waste residential

10:46:06 management should work with technology and innovation, to

10:46:09 modify current reports and develop additional reports based

10:46:13 on the needs of management.

10:46:14 Secondly, they should continue to ensure training with their

10:46:19 management staff, so their management staff can use the

10:46:22 system to access these reports and use them.

10:46:25 Our second recommendation is regarding vehicle condition

10:46:32 reports.

10:46:32 Vehicle inspection reports are not consistently completed by

10:46:37 the drivers.

10:46:38 We have recommended that they reinforce their current

10:46:42 policies and develop an accountability plan, which supports

10:46:47 completion of their prior documentation.

10:46:49 The reason that is important, if a vehicle has a defect in

10:46:52 it or has a mechanical issue when it comes back at night,

10:46:54 it's really important to note that so that it can be

10:46:57 repaired before the vehicle goes out the next morning.

10:47:00 And the other key is that supervisors monitor these reports,

10:47:07 to be sure that they are being filled out and that they're

10:47:10 being followed up on.

10:47:12 Our third item --

10:47:18 >> Can we keep --

10:47:21 >> Sorry.

10:47:21 I'm going to get a failing grade on audio vision.

10:47:24 The third issue is analysis and management of workflow.

10:47:33 It is limited due to the fact that current reports are

10:47:36 limited and not in useful format.

10:47:38 And when we talk about workflow, we talk about the planning

10:47:41 of the routes and the actual execution of those plans.

10:47:45 Here we recommended that T and I and budget department

10:47:51 determine a more appropriate workflow system, which includes

10:47:56 route optimization modules, in order to increase efficiency,

10:48:01 reduce costs and improve customer service.

10:48:03 They should also ensure management and staff receive

10:48:07 extensive training on these systems, so that they can

10:48:10 utilize them to acquire the reports that they need to manage

10:48:15 their processes.

10:48:16 Recommendation number four, and I'd remind you, Tonja is

10:48:25 going to come up in a few minutes and tell you each one of

10:48:27 these, detail, what she has accomplished so far.

10:48:30 Recommendation number four, customer service documentation

10:48:34 is not always consistent in the MSS system and the CSC

10:48:40 system.

10:48:40 The MSS system being the billing system and CSC system being

10:48:45 the customer service system on the web site.

10:48:52 We think that's important because that's the history of the

10:48:54 customer's account.

10:48:56 And any issues it's had and how it's been resolved.

10:49:00 Our recommendation is that solid waste residential

10:49:02 management should assign individuals to reconcile the

10:49:05 information between the MSS system and the customer service

10:49:12 system on a regular basis.

10:49:14 The reports should be utilized.

10:49:17 Talking about reports easier to reconcile the process.

10:49:20 Facilitate that reconciliation.

10:49:23 And with that, should give them an efficient way to

10:49:25 accomplish it.

10:49:26 Then our second item is all complaints should be recorded in

10:49:30 the customer's account on the MSS system.

10:49:34 Again, that's the history of the customer's account.

10:49:37 And should include at a minimum the initial complaint,

10:49:40 thousand complaint was resolved and by who.

10:49:43 And any communications it had with the customer.

10:49:47 Recommendation five, deals with customer complaints.

10:49:56 Are not always addressed and resolved in a timely manner.

10:50:01 What we looked at as a standard in consultation with solid

10:50:05 waste, they would be addressed within two days and resolved

10:50:07 within ten days.

10:50:08 And we found that was not happening, in all cases.

10:50:12 Our recommendations is that solid waste residential

10:50:17 management should review its current process of quality

10:50:20 control and customer service and enhance the followup

10:50:24 process to help ensure timely year resolution.

10:50:31 Timelier resolution.

10:50:32 Time line need to be added to policy and procedures document

10:50:39 and communicated to staff.

10:50:40 Item six.

10:50:46 Overtime is not always approved in accordance with city

10:50:52 policies and procedures.

10:50:53 And what we're talking about is approving overtime in

10:50:57 advance and then using the proper forms, city forms to

10:51:01 record overtime.

10:51:02 Our recommendations are that solid waste management review

10:51:05 the policy and positive procedures with their staff and

10:51:08 management, including the required forms that are needed to

10:51:11 be completed for overtime.

10:51:13 That all staff and management should submit a written

10:51:16 acknowledgment they have read and understand these

10:51:19 requirements.

10:51:20 And then finally, overtime documentation should be spot

10:51:25 audited by residential management to ensure compliance with

10:51:28 these policies and procedures.

10:51:29 And then last but not least, time keeping.

10:51:39 We learned that solid waste uses, and I'll call it a

10:51:43 state-of-the-art, a swiping system where people swipe a card

10:51:47 that records their time.

10:51:50 And it records it into a system.

10:51:52 And they use this swipe card system to be able to get better

10:51:56 time reports on their staff and where they're working and

10:51:59 what they're accomplishing.

10:52:00 It's a great idea.

10:52:02 However, the same employees have to again fill out paper

10:52:06 time documentation because this swiping system doesn't talk

10:52:09 to the city's payroll system.

10:52:12 So we have to do it twice.

10:52:13 And our explorations have indicated it wouldn't be very

10:52:18 costly at all to develop a system that could integrate these

10:52:22 two.

10:52:23 And then that way, the employees would only have to record

10:52:26 their time once, using the more efficient card swiping tool.

10:52:29 And our recommendation is to consult with I.T. and human

10:52:35 resources to evaluate the benefit of the current swipe card

10:52:39 system where the entire payroll process for solid waste in

10:52:43 order to maximize efficiency in the payroll process and

10:52:46 reduce costs.

10:52:47 And next, I think Tonja is going to come up and give you an

10:52:58 item by item status where she is on each of these.

10:53:01 >>CHARLIE MIRANDA: Thank you, Mr. Strout.

10:53:02 Appreciate it.

10:53:26 >> I want to give you all a hard copy of the matrix that we

10:53:30 provided, again, Tonja Brickhouse, department of solid

10:53:33 waste, environment program management.

10:53:35 While we are getting those, what I want to do is just say

10:53:38 that a number of the things -- first of all, the audit

10:53:42 confirms some things that I thought that needed to be

10:53:48 addressed.

10:53:49 The other thing is that the audit results have helped us in

10:53:55 doing some things with pursuing some actions that needed to

10:53:59 be done to actually move them up.

10:54:03 Little quickly, little more quickly than had been done in

10:54:06 the past.

10:54:08 What you should be having in front of you is a matrix that

10:54:11 basically takes each one of the items that Roger Strout just

10:54:15 went through, and identified.

10:54:17 You see tissue, you see the recommendation.

10:54:19 And what I want to really focus you on is the status and the

10:54:23 update columns, because I want to make sure you know where

10:54:26 we are with that.

10:54:27 If you look at number one, you see that the customer service

10:54:31 center and MSS reports do not provide information in a

10:54:34 useful format.

10:54:36 And you look at the recommendations, work with T and I to

10:54:39 modify the current reports and also provide continuous

10:54:43 training.

10:54:43 We have consulted T and I as it relates to, and you heard

10:54:49 Roger say the recommendation was some type of interface

10:54:52 between the customer service center and the MSS system.

10:54:57 I will tell you that the actions are ongoing.

10:55:02 As it relates to those systems.

10:55:04 I will also tell you that anything that we can do in terms

10:55:07 of massaging and working with the current construct with the

10:55:12 two systems, we have done.

10:55:13 And so, but the work in solid waste and T and I are ongoing,

10:55:19 that has not been completed yet.

10:55:20 I also want to say that, as you see, we have got a target in

10:55:25 the spreadsheet.

10:55:27 And that is October 2012, we hope to have the project

10:55:30 complete with T and I.

10:55:33 So we have a few more months before we realize the benefit

10:55:36 of hopefully having these reports to be standardized.

10:55:40 The second item, as it relates to vehicle inspection reports

10:55:45 and inconsistency, and completion of them by the drivers,

10:55:50 clearly that is something that you have to do when you have

10:55:53 a huge logistic operation such as solid waste.

10:55:57 So, we have, one of the things that has been done in this

10:56:01 timeframe is, we had a training and safety specialist added

10:56:05 to our team.

10:56:07 We also added additional fleet mechanic to our team.

10:56:13 To help us with this effort in terms of training people on

10:56:17 proper pre and post inspections.

10:56:19 But the real issue that we're working here is centralizing

10:56:24 dispatch.

10:56:25 And so now what we have got is, we have got all of our

10:56:29 drivers coming to the same check-in, check-out point.

10:56:34 And part of the process with centralized dispatch is,

10:56:37 there's an accountability where you have to go through, have

10:56:41 you done your pre and post inspections?

10:56:43 You look at the forms, you go through the sign-in process.

10:56:47 There's also a visual piece as in supervisors monitoring the

10:56:51 flow of the vehicles coming in.

10:56:53 There's a process we do when they come back, before they go

10:56:56 out, they're supposed to pre-trip their vehicle and identify

10:56:59 anything.

10:57:00 But also coming in, they have to post-trip the vehicle.

10:57:05 And so what we do is, they have a process where they come

10:57:08 back, they've got to go do the field, go do the wash rack to

10:57:13 clean everything out to get it ready for the next day.

10:57:16 And after that process is done, when think get in a parking

10:57:20 spot, they do an entire post-trip inspection.

10:57:22 Now we have added the additional piece, accountability

10:57:26 piece, where now you come into a window, not just leaving

10:57:29 your vehicle and turning into a piece of paper, but you're

10:57:32 actually having to post route discussion with somebody in

10:57:37 centralized dispatch.

10:57:39 The other piece that we're adding though is in most trucking

10:57:44 tries, you have what's called a vehicle condition report

10:57:48 book.

10:57:48 That stays with the vehicle, but you bring pieces, copies of

10:57:52 the report out.

10:57:55 We are going to implement that process and in the process of

10:57:58 changing our pre and post trip forms, consolidating some of

10:58:01 the forms to make it easier for the drivers.

10:58:03 And then in June of 2012, we expect to fully implement the

10:58:07 vehicle condition report booklet for every vehicle in the

10:58:12 department.

10:58:12 The discussion about workflow analysis and management and

10:58:18 the looking at doing something with our system.

10:58:22 I am pleased to report that is in progress and right now, we

10:58:26 have an RFP out on the street for implementation of a GPS

10:58:31 system with full route optimization capability.

10:58:34 And reporting.

10:58:35 So, the evaluation is under process.

10:58:38 I hope that that will be completed in the next three to six

10:58:41 months.

10:58:42 And we will move on to having a system that you can

10:58:46 real-time, reroute.

10:58:48 You can locate.

10:58:49 You can optimize routes, if a street is down, you can make

10:58:53 the adjustments almost instantaneously.

10:58:56 But that process is currently being evaluated through the

10:58:59 RFP process.

10:59:00 Customer service documentation, number four, not always

10:59:06 concise or complete.

10:59:08 Resolutions were rarely noted in CSC.

10:59:12 We have assigned, one. Recommendations was assign an

10:59:17 individual to reconcile the information.

10:59:19 That part is complete.

10:59:20 The quality control manager use what's called a crystal

10:59:26 reports to obtain metrics of evaluation and trends and

10:59:28 engage any concerns.

10:59:31 The other part about recording complaints and remarks on

10:59:33 customer accounts, that is also complete.

10:59:38 We had changes to MSS to help make the entry of remarks

10:59:43 easier and the information from CSC.

10:59:47 We did that back in October of 2011.

10:59:50 That was completed.

10:59:51 The thing that I would add here too though is again, an

10:59:55 interface between those two systems so when something is

10:59:59 updated one place, that it automatically will feed into the

11:00:03 other, is also going to be beneficial.

11:00:05 The fifth item, customer complaints were not always

11:00:10 addressed and resolved in a timely manner.

11:00:13 Again, I refer back to the crystal report.

11:00:17 And again, that process has been implemented and quality

11:00:22 control and customer service do the performance.

11:00:26 The other thing I want to say is that the standards for

11:00:29 completing the responses, 48 hours is when the supervisor is

11:00:35 required to have that updated in the system.

11:00:37 The quality control division does a weekly review to see

11:00:42 where we are and address those supervisors, address the

11:00:48 managers and the supervisors that may be falling behind.

11:00:50 And the other check point is, monthly, I do a review of our

11:00:56 progress in this area, and our monthly metrics meeting,

11:00:59 where we're looking at how we're dealing with customer

11:01:02 service delivery.

11:01:03 And this is one of the metrics that we look at.

11:01:05 We also, in terms of getting more accountability in the

11:01:10 process, issued a policy memorandum to reinforce again the

11:01:17 policy and also make people more accountable.

11:01:21 Understanding what their role is in that.

11:01:23 If you flip to the second page, we have got the overtime.

11:01:28 Overtime is not always approved in accordance with city

11:01:32 policies and procedures.

11:01:33 And so we have done a 100% review of the policies and

11:01:39 procedure.

11:01:40 With not only the supervisors, but employees as well, to

11:01:43 make sure that we clarified anything that needed to be

11:01:46 clarified.

11:01:47 Again, another policy memo was introduced.

11:01:50 Keep in mind that the policy, both in the city personnel

11:01:54 policy and also in the solid waste policies and procedures

11:01:58 manual, it's there.

11:01:59 So that's the reemphasis with the policy memo.

11:02:03 The second recommendation they had was staff and management

11:02:07 should submit written acknowledgment that they received and

11:02:11 understood the policies.

11:02:12 Again, employees have all of the policies.

11:02:16 We issued all of that to each employee.

11:02:18 And when new employees come in, part of the new employee

11:02:22 orientation process is to implement that and have that as

11:02:25 part of the new employee signing and accepting that when

11:02:30 they come to the department.

11:02:31 The third thing that was a recommendation was overtime

11:02:36 documentation should be randomly audited by management for

11:02:40 compliance at periodical intervals during the year.

11:02:45 Again, that is complete.

11:02:46 We regularly review, and when I say regularly, this is a

11:02:51 weekly discussion.

11:02:54 To look at how we're doing with leaves and how we're doing

11:02:58 with managing overtime.

11:03:00 But a lot of the challenges with the solid waste and the

11:03:03 dynamic with solid waste as it relates to overtime is, you

11:03:06 have equipment go down.

11:03:08 You have personnel out.

11:03:10 You have some significant event that impacts.

11:03:13 And so the day gets extended unexpectedly.

11:03:16 And so the process then would be verbal approval and making

11:03:20 sure that even if it's an e-mail or something like that, so

11:03:23 that we can follow-up with making sure that we get the city

11:03:26 forms and stuff completed.

11:03:27 And the city form does allow verbal approval.

11:03:30 But we want to make sure that we don't miss any steps in

11:03:33 that regard because you have a lot of dynamics going on.

11:03:35 Again, Roger alluded to the fact that we have, and I'm

11:03:39 pleased to report that we have significantly reduced

11:03:43 overtime in solid waste, but we will continue to manage that

11:03:47 with the fine tooth comb.

11:03:50 The last item that he talked about, and I probably don't

11:03:53 need to add anything here, was the time keeping swipe

11:03:58 system.

11:03:59 To give you a visual of what it means is, we capture all of

11:04:03 that 100% use of our swipe system in the department.

11:04:09 But then we have the manual process of bringing the time

11:04:16 card down to go through the process and manual process of

11:04:19 doing that.

11:04:20 Would be wonderful to take that accurate information and

11:04:23 then input into it the payroll system.

11:04:25 So that's something we have to follow up with T and I and HR

11:04:29 as it relates to that.

11:04:31 But from a solid waste perspective, not much we can do

11:04:35 except to see if there is a way to get something.

11:04:37 There's so much technology out there to do interfaces, that

11:04:41 might be we can find a solution to that.

11:04:43 But overall, I will tell you that the audit generated and

11:04:50 simulated and highlighted some things that one, we may have

11:04:54 known that needed to be done and confirmed them, or two

11:04:57 highlighted some things and that need to be done or needed

11:05:01 to be done, and we're implementing them.

11:05:03 One of the things that I will say, any opportunity to

11:05:06 improve the operations, to make it more efficient, to make

11:05:10 them more effective, that is what under my leadership we

11:05:15 have been doing in the department of solid waste.

11:05:17 And we will continue to do that.

11:05:20 I'm going to stop talking and at this point, entertain any

11:05:25 questions that you might have.

11:05:26 >>CHARLIE MIRANDA: Councilmember Suarez, then Councilmember

11:05:29 Capin.

11:05:30 >>MIKE SUAREZ: Thank you Ms. Brickhouse for answering

11:05:34 specific questions that were in the audit.

11:05:36 We really appreciate when specific information is given back

11:05:38 to us when specific recommendations are given.

11:05:41 So thank you very much for this.

11:05:42 I have a couple questions.

11:05:44 And I'm going to be unfair to you.

11:05:46 Because T and I is mentioned a lot in here and I know you're

11:05:49 not from T and I and a lot of these issues have to do with

11:05:53 our old systems.

11:05:54 And I'm going to ask you a question that probably you can't

11:05:57 answer, but I'm going to ask it anyway.

11:05:59 Is, you know, we have our new ERB program coming up.

11:06:04 I noticed you have an RFP out for the implementation of GPS.

11:06:07 Is not GPS part of some of the that ERB?

11:06:10 Or is that just another module?

11:06:13 Or do you know anything about that?

11:06:14 >> No, the GPS was not -- in fact, let me share a little bit

11:06:19 about that we had, oh, I want to say about two or three

11:06:23 years ago, not long after I got here, an EETF that was

11:06:28 focused on city-wide implementation of GPS.

11:06:32 The short answer is no, it's not part of the ERB, but it's a

11:06:38 result of a city-wide effectiveness and efficiency task

11:06:42 force.

11:06:43 Out of that we took seven departments, so not just solid

11:06:47 waste with the GPS, but about seven departments involved in

11:06:51 the city wide initiative.

11:06:52 So it's not a part of ERB but yes, it has a city-wide

11:06:57 impact.

11:06:57 Not just going to be beneficial to solid waste.

11:06:59 Suarez SARS because I've seen some of the tracking that they

11:07:01 do with vehicles, with the system, and you know, it has a

11:07:06 lot to be desired.

11:07:07 But it's there.

11:07:09 In some parts of the city.

11:07:11 Have we looked at piggybacking with any contracts that the

11:07:15 county might already have in place with GPS?

11:07:18 The reason I'm asking is because, as a member of the HART

11:07:20 board, I've discovered that the sunshine line, which is a

11:07:26 system for disabled individuals in Hillsborough County, has

11:07:30 a system already in place for GPS tracking of vehicles.

11:07:34 And I wasn't sure if that's something that could be

11:07:38 piggybacked or not.

11:07:39 I don't know if that had been looked into.

11:07:41 I wanted to ask that question.

11:07:43 >> I want to say that over the two year process we

11:07:45 considered everything, and ultimately ended up doing the RFP

11:07:50 process to make sure that we met the needs of the city, the

11:07:55 different city departments.

11:07:56 So I'm not for sure.

11:07:58 I can check and verify that.

11:08:00 But I'm not sure whether the county system was considered,

11:08:03 but I will say that all of the requirements that all the

11:08:07 departments needed to do, I don't think there was a system

11:08:10 out there that can meet all the departments' needs.

11:08:14 So we decided to go the RFP route.

11:08:17 >>MIKE SUAREZ: On the recommendation for number two vehicle

11:08:19 inspection reports, do we have any kind of incentives or

11:08:22 disincentives for people who do not fill out these

11:08:25 particular reports?

11:08:26 You know, i.e., you know, in terms of somebody that fills

11:08:31 them out perfectly all the time, there's some kind of

11:08:34 inceptive for that, whether it's -- I know we can't do a lot

11:08:38 of rewards.

11:08:39 But nonetheless, we do have a firefighter of the quarter.

11:08:43 We have a police man of the month.

11:08:47 We may want to look into some kind of incentive for that.

11:08:50 I don't want to step on your management side, which is, you

11:08:53 probably have already thought of this, but you probably

11:08:56 haven't implemented it yet or maybe you have and I don't

11:08:58 know about it.

11:09:00 >> Employee recognition is something that I just love.

11:09:02 I believe that you have to balance, you know, you have an

11:09:05 accountability piece, but you got to use positive

11:09:08 reinforcement for good behaviors.

11:09:11 What I will tell you is that we considered the pre and post

11:09:15 trip inspections as part of the safety program.

11:09:19 And so, we do have quarterly recognition and we do have the

11:09:25 safe driver of the quarter and then we do also give out

11:09:29 annual packets for people that have taken all of the things

11:09:34 related to safety, including the pre and post trips.

11:09:37 So, to answer your question, we do have an incentive

11:09:40 program, but not specifically on just pre and post, but for

11:09:44 safety in general.

11:09:45 Which includes that.

11:09:46 >>MIKE SUAREZ: Okay.

11:09:47 Also, and this goes back to the question I asked about

11:09:52 incentives and disincentives, on number four, customer

11:09:56 service documentation.

11:09:59 One of the things that obviously, customer service

11:10:01 documentation, if we don't know we have completed something,

11:10:03 it doesn't really matter any more.

11:10:05 You know, the client is much more important.

11:10:07 Our customers are much more important, so that we understand

11:10:10 that we are following up.

11:10:12 The biggest issue that we have in any business, let alone

11:10:15 government, is making sure that we are fulfilling the needs

11:10:19 of avenue and every customer.

11:10:21 Are there, on that side of the house, are there any

11:10:24 incentives and disincentives concerning fulfilling

11:10:28 documentation on customer service documents?

11:10:33 >> The answer to that is yes.

11:10:34 As part of our employee recognition program, the department

11:10:37 employee recognition program, we have quality control award.

11:10:41 We have the shining star award.

11:10:47 We have several different categories because you can't just

11:10:50 do one.

11:10:51 If you want to incentivize customer service, you have to

11:10:54 have more than one touch point.

11:10:55 But to answer your question, yes, that's part of employee

11:10:58 recognition as well.

11:10:58 The other thing too is, we also, not just on an individual

11:11:02 basis, but in terms of customer service, one of the things

11:11:05 that we look at in the monthly metrics update is by

11:11:10 supervisor, by team.

11:11:11 How we're doing in responsiveness.

11:11:14 What were the complaint levels?

11:11:15 What was the timeliness in closing the complaint?

11:11:18 Because we have got a human, I mean, there's touch points.

11:11:21 So we're going to get some complaints, but how do we handle

11:11:24 it? Did it get escalated? Did we get it right the first

11:11:27 time?

11:11:28 You know, those kind of things.

11:11:29 So there are team competitions too to look at who can get it

11:11:33 right with minimal complaints, but also who can also respond

11:11:38 and get it corrected the first time?

11:11:40 So that's incentivized as well.

11:11:44 >>MIKE SUAREZ: My last question, and thank you, chair for

11:11:46 indulging me on this I know the overtime issues, have you

11:11:51 looked at, and again, we're talking about verbal commands to

11:11:54 go ahead and continue a route or continue to be on the job.

11:12:00 Are we talking primarily of vehicles that are out and

11:12:05 delivering service?

11:12:06 Or are we talking primarily those that are back at, let's

11:12:11 say at the waste energy plant, any other place that they may

11:12:15 be -- where did you see most of the problem in terms of some

11:12:20 of these overtime recommendations that Mr. Strout gave us?

11:12:24 >> The thing that drives the overtime in the department of

11:12:28 solid waste most is equipment, and personnel.

11:12:35 >>MIKE SUAREZ: So equipment being out?

11:12:37 >> Being equipment shortages and personnel.

11:12:40 >>MIKE SUAREZ: If I could just interrupt.

11:12:41 So that GPS system is going to come into play in terms of

11:12:44 knowing where an employee is in terms of checking on

11:12:48 overtime.

11:12:49 I didn't want you to get too much of a discussion of that,

11:12:53 because I know that I'm kind of thinking your way, I hope.

11:12:57 That you're tracking as much as you can the equipment that

11:13:01 goes out, and that employee that has taken that equipment

11:13:04 out, both for the pre and post for safety reasons, but also

11:13:09 to make sure that they're out there doing their job.

11:13:11 >> Yes, exactly.

11:13:12 The other thing I wanted to add on the overtime issue too

11:13:15 is, one of the things that I'm trying to look at is match

11:13:19 also when it comes to, we're going to address the equipment

11:13:23 issue because now we have a vehicle replacement plan.

11:13:26 And so we can start getting some of the old vehicles out of

11:13:29 the fleet and be more systematic about how you deal with

11:13:33 managing that you deal with the pre and post trip and the

11:13:36 care of the vehicles, but you also have to make sure you do

11:13:39 the capital investment and system malt tick approach to

11:13:42 doing that.

11:13:42 So those things are in place.

11:13:43 The other thing that I like to itself mention though is, you

11:13:47 do, if you manage overtime also from a seniority

11:13:52 perspective, you got to look at the other things that go

11:13:56 into the overtime to help manage the overtime.

11:14:00 You get a more senior person, and you got a bunch of hours,

11:14:04 that's more money.

11:14:05 If you make sure you spread it out, so there's a way to

11:14:07 manage it more appropriately as well.

11:14:11 >>MIKE SUAREZ: Thank you, Ms. Brickhouse.

11:14:13 Thank you, Chair.

11:14:15 >>YVONNE CAPIN: Thank you, Mr. Chair.

11:14:16 Ms. Brickhouse, I know this is quite extensive and the audit

11:14:22 was extensive and it was in September of '11.

11:14:25 When I went through the audit, I noticed on each one of

11:14:28 these seven items, there was an estimated completion date.

11:14:34 For instance, the first one was November 30th of '11.

11:14:37 And we're looking October 2012.

11:14:39 The second one was January 2012 and we're looking at June of

11:14:44 2012.

11:14:45 The third one was January 2012, the fourth one was

11:14:50 January 2012.

11:14:52 The fifth one was ongoing September 2011.

11:14:56 And then the sixth one was estimated, it's ongoing since

11:15:03 September 2011.

11:15:05 And that's still in work.

11:15:07 And then estimated time for the seventh, time keeping was

11:15:15 11-30-11.

11:15:16 So, we're looking at approximately anywhere from three

11:15:23 months to six months down the road on these.

11:15:29 I just wanted to know the reasoning behind it was one.

11:15:33 But you can answer that after -- I'm going to go to the

11:15:38 overtime.

11:15:40 Because that intrigued me on the audit.

11:15:44 It's difficult to track it, but how do we monitor and verify

11:15:51 overtime?

11:15:52 And then do we have stand-by?

11:15:58 For instance, an unexpected absence, and do we subcontract?

11:16:05 >> Okay.

11:16:05 The first thing, how we monitor overtime.

11:16:08 HR produces a report every month in every department, sends

11:16:14 us the monthly report that we get.

11:16:16 So that's a monthly report that we get from HR.

11:16:18 The other part is internally, we keep track as you're doing

11:16:23 payroll every week and that kind of stuff, the timecards.

11:16:26 So there's a way to keep track that way.

11:16:29 But monthly there's an aggregate report I get on overtime

11:16:33 and also comp time.

11:16:34 Because all of it is, you know, overtime.

11:16:36 So that's the first question on how do we monitor it.

11:16:41 The second question was --

11:16:44 >>YVONNE CAPIN: Verify.

11:16:45 How is it verified?

11:16:46 >> It's verified, there's a form that's, that we have to

11:16:50 complete -- the thing that helps us the most is, we have our

11:16:55 time keeping system.

11:16:56 The automated system, so you swipe in and out.

11:17:00 You got real data on when people were there.

11:17:04 But then the, there's a form that you have to fill out,

11:17:07 standard form across the city, and so the checks and

11:17:10 balances of when you complete.

11:17:13 Ideally, the form is completed before the overtime is done.

11:17:17 And in most cases that's what happens.

11:17:19 But the example that I use, especially in the case of

11:17:23 residential, is if that is not done, then you have the

11:17:27 verbal process and then you still have to complete the form.

11:17:31 And that form comes up to be signed up at the executive team

11:17:38 level.

11:17:38 So there are checks and balances as well as a review process

11:17:41 as well.

11:17:42 >>YVONNE CAPIN: And do we have -- for instance, unexpected

11:17:44 absences, do we subcontract?

11:17:48 >> We use predominantly a temp labor and I think a lot of

11:17:54 departments use temp labor if they have some shortage.

11:18:01 MP solutions has been the service.

11:18:03 That's the contract with the city.

11:18:06 >>YVONNE CAPIN: Is that monitored and verified how?

11:18:10 >> Through our normal process.

11:18:11 We have invoices that we do.

11:18:13 We keep -- we have a process of how we monitor that.

11:18:18 But there's a system malt tick approach any time you do

11:18:21 anything with a contractor in the city.

11:18:24 >>YVONNE CAPIN: So if you ask for one day, then you are, we

11:18:27 are billed for one day?

11:18:28 >> Correct.

11:18:29 >> And that's --

11:18:31 >> The invoice comes in we have got a verification process

11:18:34 where we reconcile the invoice.

11:18:36 Once that's reconciled, then we process it for payment.

11:18:40 >>YVONNE CAPIN: Okay.

11:18:42 Thank you.

11:18:42 The other thing, I'm going to go to your letter to us as

11:18:49 City Council, and where the study was to determine actual

11:18:54 citizen participation.

11:18:56 >> The recycling study?

11:18:58 >>YVONNE CAPIN: Yes, ma'am.

11:18:59 And we found that it was 33% city-wide.

11:19:03 And to help with future recycling initiatives.

11:19:09 And when -- for the department to aggressively pursue

11:19:15 initiatives, what initiatives are we looking at, if any yet

11:19:20 to pursue?

11:19:21 >> I should've listed those in a letter, and I didn't bring

11:19:24 that with me today because I thought this was about the

11:19:26 audit.

11:19:27 But what I'll tell you is, I'm going to give from you my

11:19:32 memory.

11:19:32 Several things.

11:19:33 One, when you look at participation rate, you got to look at

11:19:38 what's the right recycling vehicle?

11:19:44 So it might be a recycling center in a neighborhood.

11:19:47 It might mean two recycling center this is the neighborhood,

11:19:50 so it could be, we're looking at locations like city-owned

11:19:54 facilities, parks and rec, for example, different parks.

11:19:57 We're looking at possibly partnering with Publix, sweet bay,

11:20:02 Walmart, so we're looking at those kinds of places in terms

11:20:05 of recycling centers.

11:20:08 Where it makes sense.

11:20:09 The other thing that we're doing, where it also makes sense

11:20:13 to begin to cart, so to issue 55-gallon carts to, for

11:20:18 example, pick the area that's got 55% participation rate.

11:20:22 Well above the 33%.

11:20:24 So you figure out what's the line of demarcation to decide

11:20:27 on?

11:20:28 What's the right percentage to go and pursue carting?

11:20:31 The other thing too, when you've got low participation

11:20:34 rates, we can be more focused on reaching out to those

11:20:40 specific neighborhoods associations in that area.

11:20:43 So that if we go to recycling center in an area, we also

11:20:47 will do a heavier education campaign in the area to

11:20:52 hopefully help with the participation.

11:20:54 The other part of our GPS is going to help the recycling

11:20:58 program is, we can also really look hard about how we

11:21:01 reroute.

11:21:02 How we adjust our recycling route real-time.

11:21:05 The other thing that I added, I'm adding some other stuff in

11:21:09 here.

11:21:09 As we introduce RFID technology into our carts and into our

11:21:15 collection boxes, then we have the opportunity to really get

11:21:20 an automated way of how many times something was serviced.

11:21:23 So there are some other things that will help with the

11:21:26 recycling.

11:21:26 The other thing that I mentioned I thought in the letter was

11:21:30 looking at our agreement and seeing if we can get a better

11:21:34 tool in place for getting a more return from the commodities

11:21:38 market.

11:21:38 So looking at that as well.

11:21:40 You mentioned a couple of times about San Antonio.

11:21:43 So when we looked at the San Antonio, they've got carted

11:21:48 recycling but not a whole lot different in the operational

11:21:51 challenges.

11:21:51 The difference was in the agreement that they had in place,

11:21:55 the instrument for getting more revenue from the recycled

11:21:59 material.

11:21:59 So it's a number of things that we're going to do as it

11:22:02 relates to strategically get the city of Tampa recycling

11:22:07 program to hopefully eventually be self-sustaining.

11:22:11 >>YVONNE CAPIN: Okay.

11:22:12 And since again, this letter was sent to us from your office

11:22:15 and then there was a newspaper article, so I'm going to

11:22:18 follow up one more, I think it's one more.

11:22:21 When we look at overall recycling rate as opposed to

11:22:25 participation rate, when we recycle materials in tonnage,

11:22:30 and that are diverted from waste stream re-use, is that --

11:22:37 what I want to know is that -- that one sentence, and here

11:22:42 it is in the newspaper, because McKay Bay refuse energy

11:22:45 facility, Tampa now meets the mark for the 2020 recycling,

11:22:52 of 75% that the state has mandated.

11:22:55 And then what I want to know, and then in the audit, we do

11:23:02 330,000-tons of refuse.

11:23:07 Is that 330,000-tons going into making electricity or is

11:23:12 that before -- that's after, after the extraction of the

11:23:17 recycle?

11:23:18 >> Let me separate it for you.

11:23:20 The recyclables do not go to McKay Bay.

11:23:24 We use two processes.

11:23:27 We use rock ten and we use waste management recycle America.

11:23:31 So any recycled material that's collected does not go to

11:23:35 McKay Bay.

11:23:35 So the 330,000-tons that you're speaking of are household

11:23:41 garbage that's being, going to the waste to energy facility

11:23:45 to generate --

11:23:47 >>YVONNE CAPIN: Thank you for clarifying.

11:23:48 >> The annual 160,000-kilowatt hours.

11:23:53 >>YVONNE CAPIN: And do we meet all the tonnage that is

11:23:59 required at McKay Bay?

11:24:01 Do we meet that with that garbage?

11:24:04 Do we have to pay?

11:24:05 >> The answer is yes --

11:24:08 >>YVONNE CAPIN: We never pay.

11:24:09 >> McKay Bay can go up to 360-tons.

11:24:12 We have a line of about 260 as the baseline of where we

11:24:15 don't want to go below.

11:24:17 When we do the cost benefit and all that stuff.

11:24:20 And so yes.

11:24:22 >>YVONNE CAPIN: So we keep it to -- we have not had to pay?

11:24:25 >> No.

11:24:26 >>YVONNE CAPIN: Thank you.

11:24:26 >> The other thing you were alluding to when you talked

11:24:28 about the recycling rate.

11:24:30 The renewable energy count.

11:24:32 >>YVONNE CAPIN: Yes.

11:24:33 >> For the overall.

11:24:34 Energy generated at the waste to energy facility.

11:24:36 >>YVONNE CAPIN: That's way asked that question, I call it

11:24:39 330 tons, but I wasn't clear if that was pure garbage going,

11:24:44 waste going into the incinerator.

11:24:47 Thank you for your time.

11:24:48 Appreciate it.

11:24:48 >>CHARLIE MIRANDA: I have Mr. Reddick, then Ms. Montelione.

11:24:52 >>FRANK REDDICK: Thank you, Mr. Chair.

11:24:53 I was not going to raising the question because my question

11:24:56 was about the recycling.

11:24:57 But I saw where you're going to be here talking about the

11:25:00 audit.

11:25:01 Ms. Capin just opened up the door when she brought up about

11:25:05 recycling.

11:25:06 And I just want to ask you one question, and that is, the

11:25:10 news story I read, I saw where I believe in East Tampa,

11:25:16 based on the study you all have done, had the lowest

11:25:19 percentage of recycling in any parts of the city.

11:25:22 And I think one area is Highland Pines and I think Jackson

11:25:26 Heights areas.

11:25:28 And I'm just going to ask you this.

11:25:30 Are you working on through the neighborhood association or

11:25:35 are you working on the effort to try to increase that, the

11:25:39 recycling in those areas?

11:25:40 >> That's part of the plan of how we address the recycling,

11:25:45 part of strategic planning.

11:25:47 With the accurate data from the participation study, now we

11:25:51 can customize how we approach different areas.

11:25:55 And so clearly where we have low participation, it requires

11:25:58 some more education, it requires some more massaging.

11:26:02 I'm hoping -- I know, I think it's neighborhood leadership

11:26:05 university, I think that's the new initiative that Mayor

11:26:07 Buckhorn has.

11:26:09 Part of that will given us an unto to engage those

11:26:13 neighborhood leaders, block captains and all that stuff to

11:26:16 help -- I don't want to say incentivize, because we have

11:26:21 already done the pilot to demonstrate, if you incentivize,

11:26:25 you will increase, but to help the community get more

11:26:29 engaged in helping us move along and recycling

11:26:31 participation.

11:26:32 But the answer to your question is yes.

11:26:34 >>FRANK REDDICK: And let me just thank one of your staff

11:26:38 members.

11:26:40 Doretha Matthews, for coming to the front to solve the

11:26:47 problem in my district.

11:26:49 And she did a wonderful job in doing this.

11:26:52 So I want to commend her and commend your staff for doing

11:26:54 that.

11:26:54 >> I will make sure she -- I've given it to her once, but

11:26:58 I'll give it to her twice.

11:27:00 >>CHARLIE MIRANDA: Let me just say we have about 38 minutes

11:27:03 before noon.

11:27:03 And we have two items left.

11:27:08 Ms. Montelione?

11:27:12 >>LISA MONTELIONE: --

11:27:13 >>CHARLIE MIRANDA: I didn't say that.

11:27:14 [ Laughter ]

11:27:15 >>CHARLIE MIRANDA: You have 38 minutes.

11:27:18 We Will be coming back.

11:27:20 >>LISA MONTELIONE: We can start fresh with the next item.

11:27:22 We are here to discuss the audit.

11:27:26 There are actually two audits, so we discussed the

11:27:30 presentation that Mr. Strout gave and the follow-up you gave

11:27:34 Ms. Brickhouse, was regarding one. Audits, which was the

11:27:39 residential division, residential operations audit number

11:27:42 1103.

11:27:44 But there's also another audit solid waste environmental

11:27:47 program management compactor and roll-off containers audit

11:27:51 1106.

11:27:52 And Mr. Reddick, with the recycling questions, those were

11:27:55 more in addressed in that audit, I believe, 1106 audit,

11:28:01 rather than the one that we saw the presentation on.

11:28:04 So, I was under the impression we were going to discuss both

11:28:07 of those audits.

11:28:09 So my questions and my, my interest is more in the compactor

11:28:15 and roll-off audit.

11:28:16 So I'm not sure if you're prepared to talk about those

11:28:21 issues as well today.

11:28:22 But I did ask, because I'm not an expert in the field,

11:28:27 although a lot of people, you know, know that I am the

11:28:30 recycling queen of the office.

11:28:33 My company has won the 2011, awarded the there U.S. earth

11:28:38 charter award and environment and sustainability, is the

11:28:41 focus of one of my workshops on May 24th.

11:28:44 So roughly a month from now, we will have the opportunity to

11:28:47 discuss more in-depth recycling, greenhouse gas emissions,

11:28:51 sustainability and policy at that time.

11:28:55 I did ask a friend who I met through the earth charter

11:29:00 organization to take a look at the audit and to give me an

11:29:06 opinion and review of what questions should be asked and

11:29:10 what we should be looking at.

11:29:13 And a lot of what came back, and she's here, Janet Harrison

11:29:18 from Eco Assets Solutions and also a member of the U.S.

11:29:21 Earth Charter organization, is here today.

11:29:25 So I might ask her to clarify some of the questions that she

11:29:28 came up with.

11:29:29 But in speaking of revenue, which your department is sorely

11:29:34 in need of, and trying to help increase the revenue through

11:29:38 solid waste and not only in the recycling, but in regular

11:29:42 collections, do -- we were looking at the commodity dollar

11:29:48 amounts and who benefits from the sales of the commodities,

11:29:54 the recyclables in other words, cardboard and those kinds of

11:29:59 items that return revenue to the person or the entity

11:30:07 that -- I'm looking for the word -- that redeems those

11:30:12 commodities in the market.

11:30:13 So, how are those commodities handled, whether it be through

11:30:20 solid waste or recycling program?

11:30:23 >> I think your question is --

11:30:27 >>LISA MONTELIONE: Wasn't very clear?

11:30:28 >> Want to make sure I'm clear.

11:30:30 How is the city getting resources from the recyclables, is

11:30:33 that what you're asking?

11:30:36 >>LISA MONTELIONE: Yes.

11:30:36 >> We have an agreement with both, the processors, we have

11:30:39 an agreement with waste management, recycle America and rock

11:30:44 10 that then, as the different commodities are sold, there's

11:30:52 a blended value rate that comes out of the process.

11:30:55 And then based on that, then there's, in the contract,

11:30:59 there's a specific split as city gets this amount, the

11:31:04 processor gets that amount.

11:31:06 I will tell you that the good news is that because of the

11:31:12 turn in the commodities market, the city has gotten money

11:31:17 back from the sale of recyclables for several quarters now.

11:31:21 When I first got here, it had taken a dive and it was not

11:31:27 netting anything for us.

11:31:29 But he --

11:31:31 >>LISA MONTELIONE: So there's revenue sharing?

11:31:33 >> Yes.

11:31:34 But it continues -- there are still opportunities to maybe

11:31:38 get more from that process.

11:31:40 And that's why I said I'm looking at San Antonio's agreement

11:31:44 and some other cities with similar programs to see what we

11:31:48 can glean and how we can improve ours.

11:31:53 >>LISA MONTELIONE: And how are those revenues, are they

11:31:57 captured back into your budget in solid waste.

11:31:59 >> Yes.

11:32:01 >>LISA MONTELIONE: So they don't go back into the general

11:32:03 revenue.

11:32:04 >> They come back into the solid waste budget and they serve

11:32:07 to offset the entire recycling program.

11:32:09 So, for example, when we were going through the budget

11:32:12 discussion and we talked about how much the recycling costs

11:32:16 the city that is knelt after everything that we get back.

11:32:22 >>LISA MONTELIONE: Okay.

11:32:22 So that was just the preliminary questions that I had

11:32:28 related to the programs in this format during this

11:32:34 discussion on the audit, so most of the material, and you've

11:32:39 been invited back as you know for the may 24th policy

11:32:44 discussion on sustainability, to talk about what

11:32:49 improvements can be made.

11:32:51 I've also invited several other experts in the field to come

11:32:54 and share their experiences.

11:32:56 I'm trying to get two other nationally known individuals to

11:32:59 come and share their experiences, their experience with us

11:33:05 for reducing our carbon footprint and for obtaining more

11:33:09 revenue from the commodities that we have, because as I've

11:33:15 learned in working in the sustainability field, it's a

11:33:20 really nice effort and policy to want to preserve our planet

11:33:27 and not contribute to the overall destruction of our

11:33:31 atmosphere.

11:33:32 But it's more important to talk about how much money we save

11:33:39 and how much money we can earn from instituting those

11:33:44 policies and practices.

11:33:45 So, I'm hoping that solid waste will be a great beneficiary

11:33:49 of those policies that may be brought to us on the 24th.

11:33:55 Thank you.

11:33:55 >>CHARLIE MIRANDA: Ms. Capin?

11:33:57 >>YVONNE CAPIN: Thank you.

11:33:57 And I apologize because I missed three questions.

11:34:00 Want to be very quick.

11:34:01 Try to be very quickly.

11:34:03 I'm going to go back to the overtime, which was, do you ever

11:34:06 conduct an investigation to verify that the system is

11:34:09 working?

11:34:11 For overtime?

11:34:12 And if not, maybe that's something that could be done.

11:34:17 >> Let me go back to saying that we have checks and balances

11:34:21 in place to manage it.

11:34:24 One of the things that I look at is trends.

11:34:26 And so when -- we get the monthly report from HR.

11:34:30 That is a monthly report by name of every employee that's

11:34:34 getting overtime.

11:34:35 That's one check and balance.

11:34:37 The other thing is, the management by supervisor, by the

11:34:42 teams.

11:34:43 So the metrics that we look at on a monthly basis also

11:34:46 address overtime.

11:34:47 So, there's a verification process and as we look -- the

11:34:52 combination of what we get from HR and what we do internally

11:34:55 helps to do the checks and balances.

11:34:58 >>YVONNE CAPIN: So, as far as you're concerned, the system

11:35:02 works?

11:35:03 Okay.

11:35:04 Number two, the residential curbside recycling participation

11:35:12 study is the first of its kind conducted for the City of

11:35:15 Tampa of recycling programs.

11:35:18 We have had this program since 2001, so in 10 years, this is

11:35:21 the first study?

11:35:23 >> First time.

11:35:24 That's the first accurate participation study where it was a

11:35:27 hundred percent comprehensive.

11:35:29 >>YVONNE CAPIN: So we have been losing money for 10 years on

11:35:31 recycling.

11:35:33 That would be my conclusion on that.

11:35:36 >> I don't have the ten year information on whether we have

11:35:38 been losing money.

11:35:39 I can just attest to the participation rate that most

11:35:43 municipalities face, it's a challenge.

11:35:47 >>YVONNE CAPIN: When I made this motion, and it's not in the

11:35:49 motion and I'm going to go back and look at, because I

11:35:52 missed it.

11:35:53 I remember asking about, that we -- that bring forth a five

11:35:58 year, ten year, 20 year plan, if we have any.

11:36:04 >> For recycling or for solid waste in general?

11:36:07 >>YVONNE CAPIN: For solid waste in general.

11:36:08 >> I have a five year plan, I'll be more than glad --

11:36:12 >>YVONNE CAPIN: That was part of my motion when I asked for

11:36:14 this.

11:36:14 Thank you very much for your time.

11:36:18 >> You're welcome.

11:36:19 >>CHARLIE MIRANDA: Any other Councilmembers who have not

11:36:21 spoke first?

11:36:22 Commissioner Strout -- Mr. Strout, of are you satisfied that

11:36:28 progress is being made in an orderly manner and time-wise

11:36:31 fashion?

11:36:32 >> Yes, I believe and Ms. Brickhouse didn't mention this.

11:36:36 She's had some staffing challenges.

11:36:38 Her administrative chief retired and she hasn't filled that

11:36:41 position.

11:36:42 A number of key positions that might have moved your

11:36:44 progress on a little quicker have occurred.

11:36:48 One of the things that we do, we continue to follow up on

11:36:51 any unimplemented items every six months to see if they've

11:36:56 made progress, so that -- these don't just go into the files

11:37:01 after this point in time.

11:37:03 We continue follow-up on all the time commitments they've

11:37:07 made.

11:37:07 And if they have another issue that's preventing them from

11:37:10 meeting that time requirement, we ask for a new commitment.

11:37:14 So, we will continue to follow these up until they're

11:37:16 implemented.

11:37:17 >>CHARLIE MIRANDA: Thank you very much, as always, you done

11:37:19 an outstanding job.

11:37:20 This is a workshop.

11:37:22 The public, anyone care to speak on item number 7 at this

11:37:25 time for three minutes, you're certainly allowed to come

11:37:29 forward.

11:37:30 I see none.

11:37:33 We go to item number eight.

11:37:34 And then Council under new business and information, can do

11:37:38 what they want to do.

11:37:41 >> Thank you Councilmember, Catherine Coyle, planning

11:37:44 manager.

11:37:44 The item before you are the privately initiated amendments

11:37:50 for the January 2012 cycle.

11:37:52 I'll make reference in May, you'll be hearing the publicly

11:37:54 initiated text amendments.

11:37:56 We are processing them in two separate batches.

11:37:59 The publicly initiated amendments are much more

11:38:02 comprehensive.

11:38:03 And so it's not bogged down publicly initiated ones, we're

11:38:07 processing them as a separate batch.

11:38:09 There are three amendments on file.

11:38:11 The first, they all are related to the central business

11:38:14 district.

11:38:15 And the Channel District.

11:38:17 The first is dealing with the Channel District.

11:38:20 Mr. Brian Hammond actually made the request.

11:38:22 It is to amend section 27-454.

11:38:27 It is to establish that standard parking spaces within

11:38:31 parking structures are eight feet wide, 18 feet long with a

11:38:35 24-foot aisle.

11:38:37 That is the exact same standard that we adopted several

11:38:40 years ago in the central business district.

11:38:42 So he basically wants it mirrored where there are typically

11:38:46 structured garages as well.

11:38:48 We have no objection to that request.

11:38:50 It does seem fairly uniform across the two districts.

11:38:56 I'm not sure if he's here.

11:38:57 I would ask that Council make the motion if possible to

11:38:59 transmit.

11:39:00 >>CHARLIE MIRANDA: I didn't hear the last part.

11:39:02 You're walking away from the mic.

11:39:03 >> I'm sorry.

11:39:04 Not sure if Mr. Hammonds is here.

11:39:06 I would mention that these, as privately initiated

11:39:09 amendments, they do need to be moved on to planning

11:39:12 commission as part of the process.

11:39:13 So I would ask that you transmit.

11:39:15 >> Move to transmit to Planning Commission.

11:39:17 >> Second.

11:39:19 >>CHARLIE MIRANDA: Have a motion by Mr. Cohen, I have a

11:39:21 second by Mr. Suarez.

11:39:22 All in favor of that motion, please indicate by saying aye.

11:39:24 Opposed nay.

11:39:25 Motion passes.

11:39:28 >> Thank you, Council.

11:39:29 The second amendment has been proposed by the University of

11:39:32 South Florida, dealing specifically with the central

11:39:38 business district, and the fencing regulation.

11:39:50 What I've handed you is the character district map, which

11:39:54 includes the fence zones.

11:39:55 The proposal around the USF CAMLS building here, is just

11:40:00 north of Brorein between Franklin and Florida.

11:40:03 They're requesting currently that parcel that lies within

11:40:07 the 1-A fence zone, which prohibits fences, they do have a

11:40:13 partial surface parking lot and for security purposes, they

11:40:16 are requesting they be included in fence zone two which does

11:40:19 permit Ornamental fences, which are more decorative.

11:40:24 My simple amendment request would be that the line actually

11:40:27 carries straight out as opposed to having one little bulge,

11:40:33 it makes it more even and follow it is street line.

11:40:35 This particular lot is currently a parking lot, which has

11:40:38 been rezoned recently for a development as well.

11:40:41 But we have no objections to that request.

11:40:45 And I believe they are here, would like to speak.

11:40:53 >> Good morning.

11:40:54 I'm Hillary black, associate general Council for USF.

11:40:58 As most of you are aware, the CAMLS property opened for

11:41:01 business on February 3rd.

11:41:02 We're currently up and running and training positions with

11:41:05 the latest technologies that are available.

11:41:08 We thank the city again for being such a wonderful partner

11:41:10 in that endeavor.

11:41:12 As Ms. Clara said, we're here today to request that our

11:41:16 property be included in zone two of the central business

11:41:19 district for the purposes of section 27-441.

11:41:24 USF is the owner of the CAMLS property.

11:41:27 We're requesting the change to allow for installation of a

11:41:30 screened fence for public safety and security reasons.

11:41:34 We have met with the Tampa Police Department, who agree and

11:41:37 have requested that we install this fence.

11:41:41 And today, I have with me Roger pestrack, the facilities

11:41:46 manager of the building as well as Joe Harrington the

11:41:49 project manager from Beck Group and we have renderings of

11:41:52 one option of the fence we are pursuing, if you so choose to

11:41:55 see it.

11:41:56 >>CHARLIE MIRANDA: Thank you very much.

11:41:56 >> Be glad to answer any questions that you have.

11:41:59 >>CHARLIE MIRANDA: I was just joking with a counsel lore, I

11:42:01 don't know what JD Alexander may want to do.

11:42:06 [ Laughter ]

11:42:08 >> I think I will decline to comment on that.

11:42:12 >>CHARLIE MIRANDA: All right.

11:42:13 Any other, anyone in the audience care to speak on this

11:42:17 subject matter? Council?

11:42:19 >> I move we transmit to Planning Commission.

11:42:22 >> Motion by Mr. Suarez, second by Ms. Capin.

11:42:24 All in favor of the motion, please indicate by saying aye.

11:42:26 Opposed nay.

11:42:28 The ayes have it unanimously.

11:42:29 >> Could we ask though they leave a copy of their

11:42:31 renderings.

11:42:32 >> Absolutely.

11:42:32 Thank you.

11:42:35 >> Thank you, Council.

11:42:36 The third amendment requested by Mr. Ron weaver, and it is

11:42:41 dealing with waterfront parking.

11:42:49 It is for potential inclusion of surface parking within the

11:42:52 waterfront overlay district.

11:42:54 What's highlighted in yellow is the waterfront overlay

11:42:56 district.

11:42:57 The parcels they've highlighted in their studies is what's

11:43:06 commonly known as the Trump site.

11:43:08 >>CHARLIE MIRANDA: Leave the thing with the clerk's office,

11:43:10 I'm sorry.

11:43:10 Right here.

11:43:11 Lady in blue -- I mean pink.

11:43:16 >> It's commonly known as the Trump site, but the vacant

11:43:19 parcel located on the river and Brorein.

11:43:22 However, the regulations would potentially affect the entire

11:43:26 waterfront overlay.

11:43:27 What I'd like to make known to City Council up front is the

11:43:31 reason for the amendment is because waterfront surface

11:43:33 parking is prohibited.

11:43:35 That decision was made approximately 12 years ago as of may

11:43:39 7th, 2000, even temporary surface parking in the waterfront

11:43:42 overlay was banned.

11:43:44 It is our stance from the staff's perspective that the

11:43:48 comprehensive plan speaks to not allowing or discouraging

11:43:52 surface parking lot along the waterfront.

11:43:54 It clearly says under chapter 2 of vibrant central area,

11:43:59 goal six, policy 612, that we should develop, we actually

11:44:05 should develop regulations that discourage surface parking

11:44:07 and freestanding garages in the view corridors, encourage

11:44:11 architectural integration and so on, which deals with public

11:44:15 access to the water front.

11:44:16 Those regulations have been developed.

11:44:18 It is prohibited.

11:44:19 We do not believe that that prohibition should be lifted for

11:44:23 waterfront parking.

11:44:25 I did just receive the study from Mr. Weaver on April 20th,

11:44:29 so I've had to briefly look through it.

11:44:31 He does cite a couple different areas in the photos that he

11:44:36 gave me.

11:44:37 And it is actually in your packet as well.

11:44:40 >> I saw the cars parked in different areas.

11:44:43 >> Yes.

11:44:43 That particular site in November of 2009, I did issue a

11:44:49 letter acknowledging that the nonconforming use of that

11:44:52 parcel as parking had been lost.

11:44:55 So any parking that is currently taking place on that

11:44:58 property is illegal.

11:44:59 That's one cause for the amendment request.

11:45:04 He did locate within the photos some other locations within

11:45:08 the waterfront that are used for parking.

11:45:13 Including -- let's see.

11:45:17 The waterfront overlay basically kind of comes up McKinnis

11:45:23 and juts across and goes through a narrow line.

11:45:26 What you have here are some surface parking lots divided

11:45:31 from the waterfront by rights-of-way, obviously, they're not

11:45:35 directly on the waterfront and there is a fair amount of

11:45:37 green along there as well.

11:45:39 These parking lots are considered, if there was within the

11:45:43 waterfront overlay, non-conforming as they sit today.

11:45:47 As that property redevelops, would have to come into

11:45:50 compliance.

11:45:51 Much like the Trump site on Brorein and Ashley.

11:45:55 Looking farther south, it was highlighted that this

11:45:58 particular parking area next to the Straz center, this

11:46:03 little area right here, where there are some parking spaces.

11:46:08 I did zoom into that one as well.

11:46:13 Oops, wrong way.

11:46:18 I'm sorry.

11:46:19 North.

11:46:19 You'll note that this is the little parking area here.

11:46:27 Technically it does appear already that there is still a

11:46:30 right-of-way that's actually dedicated through here.

11:46:32 This is the Riverwalk.

11:46:34 This little parking plaza, which is typically a turn around,

11:46:37 with a few spaces here, the difference a great, there is

11:46:42 that very large feature with the waterfalls, so it is not

11:46:46 directly on the waterfront as well.

11:46:47 And then looking at the southern parcel here, which is the

11:46:56 one in question.

11:46:58 Underneath the regulations that he's proposed.

11:47:00 As you can see along this portion, north of Brorein, this is

11:47:04 the last remaining large parcel of land that could be

11:47:07 developed.

11:47:09 Any citation that he gives you for parking within the

11:47:11 right-of-way, he shows parking spaces along Carlton, which

11:47:15 are actually surface parking, but in the right-of-way.

11:47:18 They're needed spaces as well as spaces along whiting I

11:47:22 think are irrelevant.

11:47:24 They're not considered surface parking lots.

11:47:27 Again, I will say just for the record that we will continue

11:47:30 to object to this particular request.

11:47:32 We believe the stance has been made within the comprehensive

11:47:35 plan and 12 years ago when it was decided that surface

11:47:37 parking should not be allowed within the waterfront

11:47:40 district.

11:47:41 I'm available for any questions.

11:47:43 >>CHARLIE MIRANDA: Thank you very much.

11:47:43 Okay.

11:47:44 Anyone in the audience care to speak of this subject matter,

11:47:47 please come forward.

11:47:48 Yes, sir?

11:47:49 >> Mr. Chairman, Ron weaver, 401 East Jackson Street, here

11:47:53 with Mr. Tray Vick, who has a package of material.

11:47:57 I was late, lunch is know, so Mr. Tray Vick from brownstone

11:48:02 LLC is going to present you why this would not be a change

11:48:04 of what has been done on the river for the last 30 some

11:48:08 years, in good faith and which would still be ongoing but

11:48:12 for the fact this particular applicant, brownstone, has

11:48:16 tried for the last year or two to make the Cap Trust

11:48:20 building work with inadequate parking.

11:48:25 It has lost all of its parking unlike hundreds of

11:48:25 competitors who park adjacent to their building.

11:48:27 Dozens of those hundreds of businesses and office buildings

11:48:31 in Tampa have over the last ten or 50 years parked adjacent

11:48:34 to their building and even the large chains, as long as they

11:48:38 didn't cease more than 180 days, continue to park next to

11:48:41 their building so their building could survive.

11:48:44 As you know, parking downtown needs about two or three or

11:48:47 four spaces per thousand.

11:48:48 This building has 18 on the ground and 20 underneath, which

11:48:53 means the building has point eight per thousand.

11:48:56 One fourth of what is often needed to make any downtown

11:48:59 building work.

11:49:00 Now, this project is going to go forward with a brand new

11:49:03 future, but while the future is coming, the recession has

11:49:06 clobbered the 2005 zoning for the Trump Tower.

11:49:10 Condition six of which, in front of you, is the large

11:49:12 foldout and which you'll see the bottom line is that in

11:49:16 2005, and this Council, condition number six says that

11:49:20 surface parking shall persist on this site until the Trump

11:49:26 Tower could be built, until it could be commenced.

11:49:30 Quite frankly, as you notice from the recession, it has not

11:49:33 been buildable because of the recession through no fault of

11:49:37 this owner.

11:49:38 He has bought in good faith.

11:49:39 He has bought a property that has parked on this site for 30

11:49:43 years.

11:49:43 You have aerials there for the last 35 years.

11:49:46 Building was built in 1974.

11:49:47 It's been in town as long as me.

11:49:49 It's just held up a whole lot better.

11:49:51 Since 1974, therefore, this building, and it's a grand old

11:49:57 middle age, Ms. Capin, it's not a grant only man like the

11:50:01 old courthouse.

11:50:02 It's a grand middle age, you said man last week.

11:50:06 In relation to the old federal courthouse.

11:50:10 Bottom line is this, ladies and gentlemen, we are not

11:50:12 intruding into the river in way -- by the way, look at that

11:50:16 2002 sales brochure with a picture the way this mark parking

11:50:21 is nonintrusive and we're going to buffer with eight feet of

11:50:24 buffer, so people looking out their window, 30,000 office

11:50:28 folks are going to look across at the river, look at the

11:50:30 buffer if they want to look at the ground level and guess

11:50:33 what?

11:50:34 You said build a structure.

11:50:35 Don't unthink those 30,000 office tenants would rather look

11:50:39 across the buffer, over the buffer at the river rather than

11:50:42 looking at two or five or 10 story structured parking?

11:50:47 Ms. Cole has been great to work with she's brother ticketing

11:50:50 the river.

11:50:51 We have been trying to protect the river as well.

11:50:53 We have just invested big time.

11:50:55 You make the Cap Trust Building function again.

11:50:58 The way to make the Cap Trust function again is protect that

11:51:01 point eight -- I repeat -- point eight per thousand parking

11:51:05 and give it two or three or four just like in those

11:51:08 pictures.

11:51:09 It's been parked on the last 30 some years.

11:51:12 With respect to legality, I think Ms. Coyle has made an

11:51:15 interesting point.

11:51:16 But the bottle line, the alleged illegality, because we did

11:51:21 you a favor.

11:51:21 No good deed goes unpunished.

11:51:24 We tried to rezone it to a Trump Tower.

11:51:26 We tried to build the Trump Tower.

11:51:28 We couldn't in this economy build the Trump Tower.

11:51:31 Therefore, technically, we've ceased using this.

11:51:31 She's also right about one other thing.

11:51:32 It did get amortized in 1997 with the mercy to 2000.

11:51:40 But that's back when it had separate owners.

11:51:42 These people bought both pieces and ought to be given the

11:51:46 same seven year amortization because they have bothered to

11:51:48 combine the pieces and they bothered to have a 50 year

11:51:52 unstopped, no day when this Cap Trust wasn't an office

11:51:55 building.

11:51:56 It's not 180 days cease or voluntary waiver or gave it up in

11:52:00 the zoning.

11:52:00 It's the opposite.

11:52:01 All three of the bases for going forward are present here.

11:52:06 The 2005 zoning, even though that's five years after the

11:52:09 alleged goodbye please to parking, actually acknowledged the

11:52:13 125 spaces needed.

11:52:14 If you look in that large plan for Trump Tower, over in the

11:52:18 bottom left, under parking schedule, it says 125 spaces

11:52:22 needed for Cap Trust shall be maintained in the parking

11:52:26 structure shared with the Trump Tower site.

11:52:28 Therefore, second reason.

11:52:29 It's been good faith for the last 30 some years.

11:52:33 It is not intrusive.

11:52:35 Will be well buffered.

11:52:36 And we do respect Ms. Coyle.

11:52:38 She's been protecting the river, and doing extremely good

11:52:40 job of it.

11:52:41 She's the best zoning administrator in the state by far.

11:52:45 She's listened, but she felt this is not something currently

11:52:48 prepared to recommend, but I respectfully suggest that if

11:52:51 you owned a building and you were parking adjacent to it for

11:52:55 the last 20 or 40 years and then told you're trying to

11:52:58 upgrade this economy with a 50 time better tax base for the

11:53:02 Trump Tower silent, it's going to interrupt and therefore

11:53:05 create a lots of ability and your zoning in 2005 to keep on

11:53:08 parking here.

11:53:09 I don't think good deed should be punished.

11:53:12 And they should be defaulted, Mr. Vick is here to answer

11:53:17 questions that they should be defaulted because they've been

11:53:19 trying to continue with a functioning Cap Trust Building for

11:53:22 its parking.

11:53:22 I would be glad to answer any questions.

11:53:24 >>CHARLIE MIRANDA: Any questions of Councilmembers at this

11:53:27 time?

11:53:27 >> Mr. Vick.

11:53:28 >>CHARLIE MIRANDA: Let me run the meeting, sir.

11:53:30 >> I'm sorry.

11:53:31 >>CHARLIE MIRANDA: Anyone in the audience care to speak?

11:53:32 Please come forward.

11:53:34 >> Jerry Vick, representative of the owners group.

11:53:37 I want to say very briefly, I don't want to get in between

11:53:40 anyone and lunch.

11:53:41 We do not have the intention of creating a parking lot in

11:53:45 the Riverfront district.

11:53:47 We are invested heavily in the river front.

11:53:49 We want to see it be a flourishing component of the Tampa

11:53:52 CBD, and I know the mayor feels the same.

11:53:55 We want to build a functional integrative project to make

11:53:59 that Riverwalk flourish here in Tampa.

11:54:02 We have had the Riverwalk constructed towards the backside

11:54:05 of our property.

11:54:06 It looks beautiful.

11:54:07 It will be completed and I think may 25th, we have a ribbon

11:54:10 cutting.

11:54:11 That is a natural buffer between a temporary parking lot and

11:54:16 the river, as well as we want to beautify that site as an

11:54:19 interim use to the further development of that project.

11:54:22 We have gone out to RFQs for architectural services, we are

11:54:27 actively planning the project to continue we deliver

11:54:30 something to market that's functional, that allows the

11:54:33 Riverwalk to work and drives the people to the Riverwalk and

11:54:36 downtown Tampa.

11:54:37 The other component of this that I want to be clear on, we

11:54:40 want to use this for public use in that interim.

11:54:43 This is an access point to that Riverwalk.

11:54:45 This is a way for people to come in and enjoy the investment

11:54:49 that the City of Tampa has made in that river.

11:54:51 And it will not be something that will be sitting there and

11:54:54 be a pay lot for anyone.

11:54:56 It will be open to the public for them to access, public

11:55:00 infrastructure.

11:55:01 So, I just want to make that clear.

11:55:04 We'll have more time to discuss this, but I want to make

11:55:07 sure that time was made.

11:55:09 >>CHARLIE MIRANDA: Ms. Cole?

11:55:10 And Julia, what are the legal ramifications of this if any?

11:55:17 >>CATHERINE COYLE: Catherine Coyle, planning manager.

11:55:19 If I could remind you of a couple things.

11:55:20 First this is a privately initiated amendment.

11:55:23 Council obligated to transmit.

11:55:25 It's an initiated amendment from someone in the private

11:55:29 sector.

11:55:29 The second one is that we're also not here to rehash the

11:55:34 2009 decision.

11:55:34 That was what it was.

11:55:35 As far as the commencement of that development.

11:55:41 Number three, basically that, the one concern that we have

11:55:45 aside from, we believe that the parking lot should not occur

11:55:49 on surface parking should not 70 cure within the water

11:55:52 front.

11:55:52 We believer that decision was made over a decade ago and

11:55:55 should remain.

11:55:55 It's a dangerous place to go in my opinion.

11:56:00 And I will continue to say this, when an amendment is

11:56:03 written so tailored for one piece of property and the

11:56:06 conditions relate to just that piece of property, because

11:56:10 remember, the codes are generally applied broadly applied

11:56:13 across districts and parcels.

11:56:15 What I would say, if Council is to entertain this, even in a

11:56:19 temporary fashion, the easiest way to do it is simply to

11:56:22 amend the definition of temporary surface parking lots.

11:56:24 That's where the amortization date is actually listed.

11:56:29 Rather than creating a whole other host of conditions or

11:56:32 criteria, that could proliferate other things.

11:56:37 That could cause other things to happen.

11:56:38 The temporary parking definition is may 7th, 2000.

11:56:43 If you were to make an amendment to that date, it's a hard

11:56:46 date.

11:56:48 That is where I think the regulations are already there.

11:56:51 If you so choose to actually extend the life of temporary

11:56:54 surface parking lots or giver them a new life, that would be

11:56:57 the simplest, clearest amendment to do without creating a

11:57:00 whole new set of conditions.

11:57:01 But again, I say that with caution because we still have the

11:57:05 stance that we should not allow it.

11:57:07 Thank you.

11:57:08 >>CHARLIE MIRANDA: Legal department?

11:57:13 >> Julie Cole, legal department.

11:57:15 When you ask what the legal ramifications are, you mean as

11:57:18 it relates to the previous approvals we had done on this

11:57:20 property?

11:57:20 As Ms. Coyle said, we looked at that extensively and we're

11:57:24 comfortable with it, 2009 letter and where we are legally in

11:57:27 terms of prohibiting this lot from utilizing and continuing

11:57:30 to have temporary parking.

11:57:32 So, that issue, while I understand why Mr. Weaver raised it

11:57:38 is really first of all not incentive and second of all,

11:57:41 we're fairly comfortable with our legal position on that

11:57:45 what you heard Ms. Coyle say, you've got privately initiated

11:57:49 amendment, that tracks in such a way that is tailored to a

11:57:53 particular parcel of property.

11:57:55 Under your process you should, and you're really in a

11:57:59 position where you must at least transmit it to the Planning

11:58:01 Commission so you can actually take action on that later on

11:58:04 down the road.

11:58:05 If you would like to move forward with some other amendment

11:58:10 as Ms. Coyle has stated, I would also ask that you ask for

11:58:13 that amendment to also be transmitted with a hard data, if

11:58:18 not, that wouldn't be something that you could consider down

11:58:20 the line.

11:58:21 >>CHARLIE MIRANDA: Before I go to Councilmembers, anyone

11:58:23 else in the audience who has not spoken, who would care to

11:58:27 speak on this subject matter?

11:58:28 I see no one.

11:58:29 Mr. Suarez?

11:58:31 >>MIKE SUAREZ: Ms. Cole -- Coyle and Cole sound a lot alike,

11:58:37 the way I pronounce it.

11:58:39 I know what you're saying in terms of it being specifically

11:58:42 designed for one parcel, but actually the way it's drafted

11:58:45 based on what it says is because there is no other parcels.

11:58:48 That's the only reason why it's specifically drafted,

11:58:51 correct?

11:58:52 >> That is true.

11:58:53 >>MIKE SUAREZ: I mean, it's a reality.

11:58:57 >>JULIA COLE: When we say that it's specifically drafted,

11:59:00 you're right.

11:59:00 It really only impacts one parcel.

11:59:03 Drafted with a particular address.

11:59:06 >>MIKE SUAREZ: I just wanted to make clarification publicly

11:59:09 because I want to make sure people understand.

11:59:12 The way that the proposed amendment is written is because

11:59:17 any piece of property that was empty there under these

11:59:19 conditions would fit within this particular amendment,

11:59:22 correct?

11:59:23 >>JULIA COLE: That's correct.

11:59:25 >>MIKE SUAREZ: Okay, thank you.

11:59:25 >>CHARLIE MIRANDA: Anyone else in Mr. Cohen?

11:59:28 >>HARRY COHEN: Mr. Chair, it's coming close to noon, I'd

11:59:30 like to make a motion we extend the meeting till 12:30 to

11:59:34 finish our agenda.

11:59:35 >> Have a motion by Mr. Cohen, second by Ms. Montelione.

11:59:38 All in favor of the motion please indicate by saying aye.

11:59:42 The ayes have it unanimously.

11:59:45 >>CHARLIE MIRANDA: Okay, one abstain.

11:59:47 I guess he's hungry.

11:59:48 Talking of chickens.

11:59:54 [ Laughter ]

11:59:55 >> I asked him earlier if he wanted to go out for some

11:59:59 wings.

12:00:00 >> Where are those fresh eggs?

12:00:02 >>CHARLIE MIRANDA: Let's get back to the business here.

12:00:04 Okay.

12:00:08 Anyone else on Council?

12:00:12 >> I was going to make the motion to transmit to the

12:00:14 Planning Commission.

12:00:16 >> Seconds.

12:00:17 >>CHARLIE MIRANDA: Have a motion by Mr. Suarez.

12:00:18 Second by Mr. Reddick, further discussion by Councilmembers?

12:00:21 All if favor of the motion, please indicate by saying aye.

12:00:22 Opposed nay.

12:00:25 Motion passes, I vote no motion passes 5-1.

12:00:30 >> Mr. Chair, should we also make a motion to -- Ms. Coyle

12:00:37 asked us to do something else to give us an alternative down

12:00:40 the road.

12:00:40 That if we don't send to the Planning Commission, we're not

12:00:44 going to have, correct?

12:00:46 >> That's correct.

12:00:47 Simply amending the definition of temporary surface parking

12:00:50 lot, which is really the nature of what he's requesting.

12:00:52 And it's amending the date.

12:00:54 He's asking for a time are grade R frame and all those

12:00:57 conditions.

12:00:57 You literally could change the date the definition and we

12:01:01 already have standards for parking.

12:01:03 Much easier.

12:01:04 >> So I'll move that we do that and we need to transmit that

12:01:07 to the Planning Commission as well.

12:01:08 >> That's correct.

12:01:09 Then you would need, I believe it's a five year timeframe.

12:01:13 >> Few of years.

12:01:14 >> So you'd look at 2017.

12:01:17 >> Second.

12:01:19 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by

12:01:20 Mr. Suarez.

12:01:22 All in favor of that motion, please indicate by saying aye.

12:01:25 Opposed nay.

12:01:28 Motion passes 5-1.

12:01:30 I voted for the first one, I can't vote for the second.

12:01:33 All right.

12:01:33 We go to item number 9.

12:01:37 It's regarding billboards.

12:01:51 >>JULIA COLE: Julia Cole, legal department.

12:01:54 I'm going to hand out some potential draft amendments for us

12:01:58 to be discussed.

12:02:00 City Council may recall we discussed this issue and the

12:02:14 history behind this issue at length.

12:02:17 I want to say a month ago.

12:02:19 So I'm not going to go back through that.

12:02:21 You had requested that the legal department prepare a draft

12:02:23 amendment to our code regarding electronic billboards.

12:02:27 But there was never any real discussion of what it is the

12:02:31 Council wanted.

12:02:32 So what I'm handing out to you would end up being an

12:02:35 extremely simple amendment to make, but the policy decision,

12:02:38 it would be up to you and it would simply be changing out

12:02:43 the numbers of electronic billboards that each sign company

12:02:49 is entitled to and each of the nonconforming billboards

12:02:52 would be entitled to, so long as they met all the other

12:02:55 criteria.

12:02:56 And right now, on FAI and FAQ, the large roadways, there was

12:03:01 an allowability of four.

12:03:03 On the non-FAP, FAI roadways, there was an allowability of

12:03:09 two.

12:03:10 So we would simply strike those numbers and add in whatever

12:03:13 additional billboards would be allowed for that purpose.

12:03:15 Now, I want to just state that this does not contemplate a

12:03:22 change to any of the conditions.

12:03:25 There is a limitation and five percent cap for each one of

12:03:28 the billboard companies of how many billboards they can

12:03:31 have.

12:03:31 It doesn't change the tradeout mechanism or any of the

12:03:34 operational standards it would simply be adding additional

12:03:37 electronic billboards to the inventory that each variance,

12:03:42 each company would have and also the nonconforming

12:03:46 billboards would have.

12:03:47 I understand that Clear Channel, who made this request of

12:03:50 you, has requested an additional eight electronic sign

12:03:54 faces.

12:03:56 Six on the large roadways, FAI and FAP.

12:04:00 And two on the non-FAP, FAI, so if that's the pleasure of

12:04:07 Council, then we'd have ten FAI, FAP, and four on the

12:04:12 non-FAIP.

12:04:13 So I leave that discussion for Council.

12:04:15 I'm available for any additional questions.

12:04:17 I believe there are some folks here to speak about this.

12:04:21 >>CHARLIE MIRANDA: Any questions of Councilmembers at this

12:04:24 time?

12:04:24 Okay.

12:04:27 Anyone of the public care to bring up your thoughts and

12:04:33 feelings on items number nine?

12:04:35 >> Steve Michelini.

12:04:36 Up I'm basically supporting of the change.

12:04:39 However, there's one issue that's not addressed in this

12:04:42 particular change.

12:04:43 I have a client who has one sign.

12:04:47 That is in the City of Tampa.

12:04:50 So the matrix they're discussing doesn't address anyone who

12:04:53 has less than the total number of signs you need to tradeout

12:04:58 in order to have one digital sign.

12:05:00 So, I respectfully request you address that during this

12:05:05 change as well.

12:05:06 So that there's some guidance on what do you do if you own

12:05:10 less than the number of signs required to trade something

12:05:13 out?

12:05:14 You can't have a sixth of a sign or a tenth of a sign.

12:05:22 So I request that you address that as well.

12:05:24 Thank you.

12:05:25 >>CHARLIE MIRANDA: Thank you very much.

12:05:26 Next please?

12:05:32 >> Margaret Vizzi, 23 South Sherrill.

12:05:35 I am representing the T.H.A.N. zoning committee.

12:05:39 We met with the billboard industry early on when they first

12:05:43 were going, bringing this forward.

12:05:45 But we haven't heard any more from them.

12:05:47 Some of the things that we recommended when we did meet with

12:05:51 them was that they perhaps have to take down more billboards

12:05:57 with each space.

12:06:02 They didn't agree to that and I think it's coming forward as

12:06:05 they told us they would be recommending.

12:06:08 And the other issue was on the non-FAP.

12:06:14 We ask that they all be on the FAP.

12:06:18 Because that would keep basically on the interstate system.

12:06:21 And that is more acceptable because it's still, even in

12:06:26 those instances, it address it is neighborhood issues.

12:06:29 Because our main concern is where these would be placed, and

12:06:34 as we all know, our neighborhoods are very close to our

12:06:40 non-FAP.

12:06:42 So, we do have concerns.

12:06:45 And what Steve just recommended about saying something about

12:06:49 taking even less down, that could be a disaster, because I

12:06:54 will say that they showed us a board, and I wish they had

12:06:58 brought it today, where signs were taken down and they were

12:07:02 taken down all over the city.

12:07:04 And we were very impressed with the number of billboards

12:07:07 that have come down because of this.

12:07:09 And we would just like to see more boards come down if you

12:07:14 do approve more of these digital.

12:07:17 So that's where T.H.A.N. is.

12:07:19 And we would have a better recommendation when we see the

12:07:23 final draft of the ordinance when it comes before you later

12:07:27 on, because we do want to continue to be involved in the

12:07:31 process.

12:07:32 Thank you.

12:07:33 >>CHARLIE MIRANDA: Thank you very much.

12:07:33 Ms. Cole?

12:07:39 The conversation that we're having now about an increase

12:07:42 more of the electronic billboards, does that bring any, take

12:07:48 down signs or not?

12:07:50 Does it equate to a proportionate one up or down or whatever

12:07:53 it was?

12:07:54 >> Yes.

12:07:55 As it stands right now in the code, and this would not

12:07:58 change, either one of the billboard companies or owner of

12:08:03 what we call the nonconforming signs, the signs that were

12:08:05 not part of our settlement agreement, can have the

12:08:09 opportunity to sever an electronic billboard sign face if

12:08:12 they take down or give up the rights to ten sign faces.

12:08:17 And there's a formula that we have in the code, so that is

12:08:20 not changing.

12:08:21 So in order to receive the rights to these additional signs

12:08:24 if we so choose to allow them, that tradeoff mechanism, all

12:08:29 of the designated roadways, certain roadways where the

12:08:33 electronic billboards are allowed, there are setback

12:08:36 requirements, there's -- they have to be a certain number of

12:08:39 feet away, 2500 feet away from each other.

12:08:42 All of those standards stay exactly the same.

12:08:45 >>CHARLIE MIRANDA: Nothing changes, they have to comply with

12:08:49 regulations we passed some years back, so much for so much?

12:08:52 >> That's correct.

12:08:53 Now, I can address Mr. Michelini's concerns if City Council

12:08:56 would like me to at this time.

12:08:59 >>CHARLIE MIRANDA: Okay, let's do it now.

12:09:01 >> Mr. Michelini is correct.

12:09:02 You own one nonconforming billboard sign, that one

12:09:06 nonconforming billboard sign, taking that down would not be

12:09:10 enough in order to have the benefit of the electronic sign.

12:09:15 When we drafted that, we made that clear to everybody.

12:09:19 After that provision -- we recognize and understood at that

12:09:22 time there may be one or two outlying nonconforming

12:09:26 billboards that are just sort of out there in the world,

12:09:30 that we might not necessarily know who owns.

12:09:32 We know that they're legally permitted or not legally

12:09:35 permitted, but they probably changed hands over time.

12:09:38 But that doesn't mean those signs don't have the right to

12:09:40 get that benefit ultimately.

12:09:42 They need to sort of ban together and find other signs that

12:09:45 can be taken down in order to achieve that allowability for

12:09:49 an electronic billboard.

12:09:50 So it's not that they're precluded per se.

12:09:53 They're just precluded because they only own one and so they

12:09:57 can't ban -- can ban together with some of the other

12:10:00 nonconforming billboard sign owners and get the benefit of

12:10:03 one additional sign.

12:10:04 If City Council wanted to do something else on their, that's

12:10:06 a much larger sign code amendment to this code.

12:10:10 >>CHARLIE MIRANDA: So that's like a good neighbor policy?

12:10:13 >> Yeah.

12:10:13 >>CHARLIE MIRANDA: Get together and work it out.

12:10:15 >> Get together, get nine of your friends, nine of your

12:10:18 nonconforming billboard friends and come to the city, show

12:10:21 that they're legal, and you will get the same benefit as the

12:10:25 billboard sign companies have gotten under this code

12:10:28 amendment, plus their settlement agreement.

12:10:31 >>CHARLIE MIRANDA: Thank you so much.

12:10:32 That sounds like an insurance company.

12:10:34 Ms. Capin?

12:10:36 >>YVONNE CAPIN: Ms. Cole, let me see if I understood this

12:10:39 right so.

12:10:40 If they get together nine friends and, you have to talk nine

12:10:44 people that own billboards to take down their billboard to

12:10:47 put one electronic billboard?

12:10:51 >> If you are nonconforming billboard, yes.

12:10:54 You need to find, and this is drafted this way at the time.

12:11:00 The whole point was, in order to allow for the electronic

12:11:04 billboard, signs would be taken down.

12:11:07 And so when it was drafted, it was drafted with the intent

12:11:10 of signs coming down, notwithstanding who the owner is.

12:11:13 So therefore, if you've got one sign, one phase or two

12:11:19 phase, because we talk about this in phases, you still get

12:11:23 the benefit if you can find other folks that want to take

12:11:26 their signs down for whatever reason, who are legal

12:11:30 nonconforming billboards, but that was the deal that was

12:11:32 struck at the time.

12:11:33 That's why if we want to do something different for the

12:11:36 nonconforming signs, that's a much larger conversation.

12:11:41 And we'll have to think about that very carefully.

12:11:43 >>YVONNE CAPIN: Thank you.

12:11:44 >>CHARLIE MIRANDA: Thank you.

12:11:45 Is the individual here that represents this?

12:11:48 >> Yes, Mr. Chairman and Council, I'm Todd Pressman on

12:11:52 behalf of Clear Channel communications.

12:11:54 We have had a great relationship working with Ms. Vizzi.

12:11:57 She's great to work with.

12:11:59 Worked with them for about a year November on the original

12:12:02 ordinance.

12:12:02 And I will state to you Councilmembers, I think this is an

12:12:07 ordinance that the city should be proud of, the billboard

12:12:10 companies and direct through CBS are happy with has worked

12:12:15 well.

12:12:15 The city has not received a single solitary complaint or

12:12:20 concern that we are aware of, and I checked with the prior

12:12:24 administration and the prior city attorney before they left,

12:12:26 in regard to the actions of the ordinance that's in place.

12:12:30 It has resulted in dozens and dozens and dozens, just on

12:12:35 Clear Channel side, removal of 48 physical billboards that

12:12:38 never would have come down in the city.

12:12:40 That's only half the formula.

12:12:42 I can't speak for CBS exactly how many they've teen down,

12:12:45 but I'm sure it's dozens and dozens.

12:12:48 It's been a great scenic improvement to the city and at the

12:12:51 same time, Clear Channel, as you are aware, has erected an

12:12:55 emergency civic partnership with the city, and advertising

12:12:58 and promoting emergency messages, I've gone through those, I

12:13:03 won't repeat those.

12:13:04 Regard to Steve's comment, the hardy ordinance as you know

12:13:08 was 10-1 tradeoff.

12:13:10 Ten come down for one going up.

12:13:12 And you have to pay to play.

12:13:14 That's the ordinance.

12:13:16 And this ordinance is pointed to at every jurisdiction we go

12:13:19 to, give us what you did in Tampa.

12:13:21 We want what you did in Tampa.

12:13:23 It's become a standard for us in working with other

12:13:27 jurisdictions, it works.

12:13:29 But Mr. Michelini is correct, and you've had some discussion

12:13:32 about it.

12:13:32 But that is the heart of the ordinance.

12:13:34 What we're seeking to do today is not change virtually

12:13:38 anything in the ordinance.

12:13:39 It is strictly to come back to what this Council talked --

12:13:42 not this particular Council, but the Tampa City Council when

12:13:44 they approved the ordinance, to come back in two years, see

12:13:48 how it's worked.

12:13:49 Let's try it as a trial period, see how it works, and if so,

12:13:53 we'll consider more.

12:13:54 That's why we're here.

12:13:55 And I'm glad to report to you that I think everybody is very

12:13:58 happy with it.

12:13:59 Thank you very much.

12:14:01 >>CHARLIE MIRANDA: Thank you.

12:14:02 Councilmembers?

12:14:02 Anyone else in the audience?

12:14:07 >> Tom O'Neil, 716 Promenade Place, Tampa, representing

12:14:11 Clear Channel and public affairs director.

12:14:13 Very briefly, I think I won't overstate the obvious.

12:14:18 There are certain economic benefits, but the reality is

12:14:21 there's a cost.

12:14:22 I think that cost was clearly struck in the previous

12:14:25 Council's assessment.

12:14:27 And the opportunity to bridge a two year review, I think has

12:14:31 worked well, as Mr. Pressman indicated, no complaints, no

12:14:35 concerns.

12:14:36 And that's not just the average citizen or T.H.A.N.

12:14:40 That's no law enforcement officials, no one from the

12:14:43 community has expressed any interest.

12:14:45 So, I would say this, I think we take this as a partnership,

12:14:49 we take it as a responsibility.

12:14:50 I think it has worked very well.

12:14:53 And you know, we're here to say that at your pleasure,

12:14:57 additional locations will be taken into consideration of

12:15:02 T.H.A.N.'s concerns and neighborhood issues.

12:15:04 I think we have done a good job spacing them and that will

12:15:07 continue.

12:15:08 We appreciate the effort.

12:15:09 We certainly hope to enhance the public service aspects and

12:15:13 allow more small businesses to possibly take advantage.

12:15:16 Additional locations.

12:15:17 We thank you for your time.

12:15:18 >>CHARLIE MIRANDA: Thank you very much.

12:15:19 Anyone else in the audience care to speak on item number

12:15:22 nine?

12:15:23 >> Mr. Chair?

12:15:24 >>CHARLIE MIRANDA: Mr. Reddick?

12:15:26 >>FRANK REDDICK: I move item number nine.

12:15:27 >> Second.

12:15:28 >>CHARLIE MIRANDA: Have approval from Mr. Reddick on item

12:15:31 nine, with Ms. Capin seconding the motion.

12:15:34 This is to send back to the legal department to draft the

12:15:38 necessary documents.

12:15:39 Am I correct?

12:15:41 >>JULIA COLE: What I need in that motion is the numbers,

12:15:44 that the number that Clear Channel has made the request for,

12:15:47 and I can go ahead and get that process.

12:15:49 If there's another number or something else, I'll need City

12:15:52 Council to let me know that.

12:15:54 >>FRANK REDDICK: So was it eight FAPs?

12:15:59 >> R.

12:16:01 >>JULIA COLE: Their why was for additional six on FAP, FAI,

12:16:05 and additional two on non-FAP, FAI.

12:16:09 >>CHARLIE MIRANDA: That motion carries, the document

12:16:11 Ms. Cole just presented to us with those numbers that are

12:16:13 necessary for those documents to be drafted.

12:16:15 I have a motion by Mr. Reddick, second by Ms. Capin.

12:16:19 Further discussion by Councilmembers on that motion?

12:16:21 All in favor of the motion, please indicate by saying aye.

12:16:23 Opposed nay.

12:16:26 The ayes have it unanimously.

12:16:27 >> Thank you, Mr. Chairman.

12:16:29 >>CHARLIE MIRANDA: Thank you very much for attending.

12:16:31 All right, we go for receive and file all the documents

12:16:33 today.

12:16:34 Have a motion by Mr. Ms. Montelione, second by Mr. Cohen.

12:16:38 All in favor of that motion, please indicate by saying aye.

12:16:41 The ayes have it unanimously.

12:16:42 Information report, we go, any new business from right to

12:16:46 left.

12:16:47 Mr. Suarez?

12:16:47 >>MIKE SUAREZ: Thank you, chair.

12:16:48 I'd like to ask that Vince Pardo and the, his group come

12:16:57 back to us about renaming Septima to the correct Spanish

12:17:05 language spelling.

12:17:07 I just want to find out what that cost would be, if he could

12:17:09 bring that back at May 10th at our regular CRA meeting.

12:17:14 At 9:00 a.m.

12:17:16 >> Second.

12:17:17 >>CHARLIE MIRANDA: Motion by Mr. Suarez, have a second by

12:17:21 Mr. Cohen.

12:17:21 All in favor of the motion, please indicate by saying aye.

12:17:27 >>CHARLIE MIRANDA: I'm just thinking of them chickens.

12:17:38 I stand corrected.

12:17:41 All in favor of that motion, please indicate by saying aye.

12:17:43 Opposed nay?

12:17:44 The ayes have it.

12:17:47 You sit the whole meeting, make one mistake, look what

12:17:49 happens.

12:17:50 [ Laughter ]

12:17:51 >> Anything else?

12:17:52 >>MIKE SUAREZ: One last thing.

12:17:54 Our colleague Montelione birthday today.

12:17:57 We wish her a happy birth day.

12:17:59 Since you are the queen of the PSAs, it's my turn to say

12:18:04 happy birthday, so everyone knows it is your birthday.

12:18:09 >>LISA MONTELIONE: Thank you so much.

12:18:11 It's a pleasure.

12:18:12 >>MIKE SUAREZ: He's gearing up for something else.

12:18:15 >>CHARLIE MIRANDA: Ms. Capin?

12:18:16 >>YVONNE CAPIN: Happy birthday, Lisa.

12:18:18 Yes, I have two things.

12:18:20 I have a copy of the letter that was a motion that was made

12:18:24 last meeting to Commissioner Sandy Merman.

12:18:31 I have copies for all the members and legal and for the

12:18:36 record.

12:18:37 That was sent to Ms. Merman.

12:18:39 So I'd like to pass that out.

12:18:40 And secondly, considering that in January, we were, we

12:18:47 passed a rate increase on waste -- on our trash collection.

12:18:54 And that increase came into effect in April, and there's

12:18:57 another increase coming in.

12:18:59 When I look at this, there were -- there are a lot of

12:19:04 questions and there was -- when I looked at the report of

12:19:08 the audit, there were estimated dates for these to come

12:19:14 forth.

12:19:15 And these dates have been pushed to, further down the road.

12:19:21 Therefore, either a workshop or staff report again in

12:19:25 October to let our public know that this was -- when we had

12:19:36 that rate increase, we will be looking at how this is

12:19:41 administered and that we are saving the public money.

12:19:45 So therefore, I'd like to have a follow-up either a workshop

12:19:49 or staff report.

12:19:51 I have a workshop down October 25th.

12:19:54 But we can make it a staff report.

12:19:57 But I'd like to have a follow-up on all of these, because

12:20:02 one of them is January -- November 30th.

12:20:06 October 12th for expected completion.

12:20:09 So I'd like to have a followup on all this.

12:20:15 >>LISA MONTELIONE: I'll second if you want to identify a

12:20:18 workshop date.

12:20:20 >>YVONNE CAPIN: October 25th.

12:20:22 >>LISA MONTELIONE: At?

12:20:25 >>YVONNE CAPIN: At 9:00 a.m.?

12:20:27 >>CHARLIE MIRANDA: Motion by Mr. Capin, second by

12:20:30 Ms. Montelione for October 25th at 9:00 a.m.

12:20:33 2012.

12:20:35 All in favor of the motion, please indicate by saying aye.

12:20:38 Opposed nay?

12:20:40 The ayes have it unanimously.

12:20:40 Yes, ma'am, anything else?

12:20:44 >>YVONNE CAPIN: That's it.

12:20:44 Thank you.

12:20:46 >>CHARLIE MIRANDA: Mr. Reddick?

12:20:47 >>FRANK REDDICK: Thank you, Mr. Chairman.

12:20:48 Just want to present a request for commendation for global

12:20:53 earth day, for May 1st, 2011, that will be presented to

12:21:00 this particular organization.

12:21:03 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

12:21:05 Mr. Cohen, all in favorite motion, please indicate by saying

12:21:08 aye.

12:21:08 Opposed nay?

12:21:10 The ayes have it unanimously.

12:21:11 >>FRANK REDDICK: Also be global love date for chicken.

12:21:15 >>CHARLIE MIRANDA: Ones that make it.

12:21:16 [ Laughter ]

12:21:17 >>FRANK REDDICK: Another item, Mr. Chair, several members,

12:21:21 we had opportunity to go to an event recently that, for

12:21:26 Hillsborough organization for progress and equality.

12:21:28 And we received an ordinance.

12:21:33 And I'm going to ask, I would like to submit this ordinance

12:21:36 to the legal department.

12:21:37 And ask them to review it and see if we can stipulate, if

12:21:42 it's proper that deeds request from this organization can be

12:21:48 implemented and if so, they give us a recommendation.

12:21:50 I'm going to ask that they come before Council on June the

12:21:55 29th through the regular meeting on staff report to give us

12:21:58 a recommendation, based on this ordinance.

12:22:00 >>CHARLIE MIRANDA: Ms. Montelione?

12:22:02 >>LISA MONTELIONE: Thank you.

12:22:03 Do I have to second it before we discussion?

12:22:06 >>CHARLIE MIRANDA: No you can discuss it now.

12:22:08 >>LISA MONTELIONE: Thank you.

12:22:09 Just want to make sure I'm following the rules.

12:22:12 If possible, if Mr. Reddick would accept, I would like to

12:22:15 set that for a workshop, because it is a very complex issue

12:22:20 and for legal to come and give a staff report, there may not

12:22:23 be enough time for us to really vet through all the

12:22:27 complexities of putting such an ordinance in place.

12:22:29 So, rather than a staff report, if we can set that for a

12:22:34 workshop.

12:22:35 >>FRANK REDDICK: The reason I'm asking them to review this,

12:22:37 because of the request of the organization, I want to see if

12:22:40 it's even our role as a Council to implement this.

12:22:42 This might be the administration responsibility.

12:22:45 Instead of the Council.

12:22:47 So I would like for them to do it and see if we -- duty to

12:22:53 implement, talking about policy, jobs, everything and we

12:22:57 don't have that responsibility.

12:22:58 >>LISA MONTELIONE: Like I said, the charge of the legal

12:23:00 department would be to review and see if we could as a

12:23:04 Council even implement something of that nature.

12:23:07 >>FRANK REDDICK: Correct.

12:23:07 Then I guess if they say yes, we can move forward, we can

12:23:11 establish a workshop to discuss it.

12:23:13 >>LISA MONTELIONE: Okay, I'll second that.

12:23:14 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by

12:23:16 Ms. Montelione.

12:23:18 Let me giver my feelings on this.

12:23:20 And this is just me.

12:23:21 I did meet with those people and they're well intended

12:23:24 feelings, but when you start talking about changing policies

12:23:28 of who has to get hired, I step back because if you look at

12:23:34 big government, and I'm not down on government, but I'm

12:23:37 telling you right now, that I feel, and Mr. Reddick is

12:23:41 right, maybe it is an administration thing.

12:23:43 When they start telling us, anyone, to, you have to at least

12:23:49 give an opportunity to hire somebody with, got a criminal

12:23:53 background, not say that they haven't served their justice

12:23:57 to the public and served their time, whatever it might be,

12:24:00 even if those community services, I'm not in the role to

12:24:04 hire and fire.

12:24:05 That's up to the individual companies that are coming into

12:24:07 town.

12:24:08 When you start looking at, and this is no reflection on no

12:24:12 one, but when you start to think that government is going to

12:24:16 tell a company this and because I gave you a dollar tax

12:24:19 credit for job creator or something of this matter, but you

12:24:23 have to do A, B and C before you get that dollar, in

12:24:26 essence, you're working against yourself.

12:24:28 In other words, the jobs are going to go somewhere else.

12:24:31 That's just my opinion.

12:24:32 But I can understand it.

12:24:34 I'll let it go to a workshop.

12:24:36 There's no problem with that.

12:24:37 Mr. Reddick has a motion, seconded by Ms. Montelione.

12:24:42 Further discussion, Mr. Cohen?

12:24:44 >>HARRY COHEN: Thank you, Mr. Chair.

12:24:45 I was at that meeting the other night.

12:24:49 I was asked about this as well.

12:24:51 And I find myself in agreement with Mr. Miranda, that any

12:24:56 time you give something like this, you have to move very,

12:25:00 very methodically and very, very carefully to make sure that

12:25:04 you don't have the opposite effect than the one that you are

12:25:06 intending to have.

12:25:07 So, I will support it going to workshop, but there are going

12:25:11 to be a lot of questions --

12:25:13 >>FRANK REDDICK: Excuse me, it's not going to workshop.

12:25:16 >>HARRY COHEN: Excuse me.

12:25:17 I will support it going to staff report and perhaps even

12:25:19 moving it to a workshop, but I know at the time there's

12:25:22 going to be a lot of questions asked about the concept.

12:25:25 >>CHARLIE MIRANDA: It's going to the legal department.

12:25:26 I have a motion on the floor.

12:25:28 All in favor of the motion, please indicate by saying aye.

12:25:29 Opposed nay?

12:25:32 The ayes have it unanimously.

12:25:33 >>FRANK REDDICK: I'm curious, I'm going to ask Ms. Coyle

12:25:37 for, someone from her office to come on staff report on June

12:25:46 the 7th and to give me an update about the C-1 commercial

12:25:53 intensity zoning issue in East Tampa on 37th street that is

12:26:01 causing a major problem in the residential community.

12:26:06 Just give us a status report based on that.

12:26:09 >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, seconded

12:26:11 by, for a report.

12:26:13 >> Second.

12:26:14 >>CHARLIE MIRANDA: By Mr. Suarez.

12:26:15 All in favor of the motion, please indicate by saying aye.

12:26:17 Opposed nay?

12:26:19 The ayes have it unanimously.

12:26:20 >>FRANK REDDICK: That's it.

12:26:21 >>CHARLIE MIRANDA: Okay, thank you.

12:26:22 Mr. Harry Cohen?

12:26:24 >>HARRY COHEN: Nothing.

12:26:24 >>CHARLIE MIRANDA: Okay, Ms. Montelione?

12:26:27 >>LISA MONTELIONE: Yes, sir.

12:26:27 Thank you.

12:26:29 I just now passed out to other members of Council a letter

12:26:35 that I had drafted and actually I had drafted this prior to

12:26:39 last Council meeting.

12:26:40 But I was asked to hold off on presenting it during the new

12:26:44 business by our legal department because they were at the

12:26:47 time looking at avenues to discuss this matter with the

12:26:52 governor's office.

12:26:53 I'm going to read, there's just three sentences, it looks

12:26:58 like it's long, but really three sentences here that are

12:27:02 pertinent.

12:27:04 This letter would be directed to the governor's office with

12:27:08 copies to our legislative delegation and to the attorney

12:27:10 general's office.

12:27:11 And it reads, the Tampa City Council by motion and vote on,

12:27:16 if this passes, it would be today's date, respectfully

12:27:20 request that the City of Tampa be permitted to regulate

12:27:22 concealed weapons during the Republican National Convention

12:27:26 to be held in Tampa this summer.

12:27:28 We believe it is necessary and prudent to take this

12:27:30 reasonable step to prevent a potential tragedy.

12:27:32 We respectfully request your leadership to protect all who

12:27:36 will be attending the convention activities, either as a

12:27:38 participate or as an observer, believing this request is in

12:27:43 keeping and in the same spirit as those exceptions

12:27:45 identified in statute.

12:27:48 And that needs to be revised to put in statutes.

12:27:50 It's quotes, the statute below, Florida Statutes section

12:27:55 790.23, item 12, preempts and pro liberties the City of

12:28:01 Tampa from regulating concealed firearms with very limited

12:28:05 exceptions, specifically speaking to places where there are

12:28:08 a number of exemptions related to places of peaceful

12:28:11 assembly.

12:28:12 And the particular items that are quoted directly here from

12:28:16 the piece of legislation under number 12 are courtrooms,

12:28:23 polling places, meetings of governing bodies of a county

12:28:28 public school district, municipality or special district.

12:28:31 Any meeting of the legislation or committee thereof, any

12:28:34 school, college, professional athletic event not related to

12:28:37 firearms.

12:28:38 And those in particular speak to the spirit of which I'm

12:28:42 asking for this, in this letter, because they are all

12:28:47 assemblies where a lot of government officials are together.

12:28:53 And I think at the Republican national convention, it's

12:28:58 not -- whether it be Republican national convention or

12:29:02 Democratic national convention, party doesn't matter, but

12:29:05 will be a large gathering of public officials at this

12:29:07 particular location.

12:29:08 And it seems to fit into that section because those places

12:29:11 are those that already identify places where a lot of public

12:29:16 officials will be gathering.

12:29:17 So, after the quoting of the statute, tending paragraph is,

12:29:23 we respectfully request that you work with the cabinet and

12:29:26 the legislative leadership to determine how best to quickly

12:29:28 address this paramount issue of public safety.

12:29:31 The Tampa City Council on behalf of its citizens, law

12:29:34 enforcement personnel and many thousands anticipated

12:29:38 visitors ask for this relief in this extraordinary

12:29:41 circumstance.

12:29:42 And I understand from reading the newspapers, that the mayor

12:29:47 is working on that initiative and this letter would be in

12:29:51 support of the mayor's reaching out to our governor and to

12:29:59 our elected officials.

12:30:02 >>HARRY COHEN: Well, first of all, I would second that

12:30:04 motion.

12:30:04 But I'd like to frame the question a, just a little bit

12:30:10 differently.

12:30:11 To me, this is essentially a question of executive power.

12:30:17 And it's a question of whether or not the governor is

12:30:21 authorized by the constitution of the state of Florida, or

12:30:25 by this law itself, to actually have the power to suspend

12:30:31 this law, if there's a public safety purpose to do so.

12:30:34 It is my opinion that he does have that authority.

12:30:38 And so, it is with that in mind, and in that spirit that I

12:30:43 think we should ask him to invoke that authority, which I

12:30:47 think in and of itself would give us that ability without

12:30:51 necessarily spelling it out specifically.

12:30:56 >>CHARLIE MIRANDA: Okay.

12:30:58 Does the maker of the motion accept that?

12:31:00 >>LISA MONTELIONE: Yes, and we can incorporate that into the

12:31:03 letter.

12:31:03 I attempted to make that part of this letter with the

12:31:07 sentence that the governor work with the cabinet and

12:31:11 legislative leadership to determine how best to quickly

12:31:14 address it.

12:31:15 So, I was trying to give the governor the opportunity to use

12:31:19 the best possible method, whatever he would determine, but

12:31:24 if massaging of the language by Mr. Cohen, I would certainly

12:31:27 welcome.

12:31:30 >>HARRY COHEN: I think the issue is in the first paragraph.

12:31:32 I think rather than asking to be permitted to regulate

12:31:36 concealed weapons, I think we should turn it to be asked to

12:31:40 invoke his executive authority to temporarily suspend the

12:31:43 law.

12:31:44 >>LISA MONTELIONE: Well, I guess the issue there would be,

12:31:48 it may be found by the attorney general or those who render

12:31:53 legal opinions that the governor doesn't have the power to

12:31:57 issue an executive order because this is a legislative

12:32:01 matter, that it would require the house and the senate to

12:32:04 convene and amend this section of the Florida Statutes.

12:32:11 Taking that into account, I thought well, there's no way

12:32:15 that the house and the senate are going to be called back

12:32:18 under special session, but then, I realized they still

12:32:22 haven't ratified the senate maps for redistricting.

12:32:26 So if the courts, and this gets a little dicey here, but if

12:32:30 the courts hold up the new maps that were submitted, then

12:32:34 the house has to come back and ratify those maps.

12:32:38 So the house will come back for a session, and be in

12:32:42 Tallahassee to take that vote.

12:32:43 If the court strikes down the redistricting, then the senate

12:32:47 has to return to, you know, to get another map.

12:32:51 >> No, they don't.

12:32:52 They don't have another bite at the apple.

12:32:55 >>LISA MONTELIONE: In any case, the majority of the members

12:32:58 will be present because the house does have to come back to

12:33:01 ratify those maps.

12:33:04 So there is a possibility, albeit a long shot, that if the

12:33:09 governor cannot do it by executive order, cannot do it by

12:33:12 emergency order, that at least the house will be there and a

12:33:18 special session may be able to be convened simultaneously

12:33:24 with them come back for the redistricting vote.

12:33:28 So, it's a long shot, but there are three different methods

12:33:31 this could be accomplished.

12:33:32 Executive order, emergency order, or you know, having a

12:33:36 session of the house.

12:33:37 And senate.

12:33:40 >>CHARLIE MIRANDA: Commissioner Suarez?

12:33:42 >>MIKE SUAREZ: Mr. Cohen brought up some of the issues I

12:33:44 have.

12:33:44 We know for sure he can do this by executive order?

12:33:48 >>LISA MONTELIONE: No, we do not.

12:33:49 That's why I was leaving it open ended.

12:33:52 >>MIKE SUAREZ: Then that's why the next point I was going to

12:33:54 make, I think his reworking of that first paragraph is very

12:33:58 important because it's essentially saying the relief we're

12:34:02 asking for is directly hopefully through the power of the

12:34:06 executive.

12:34:07 I don't think that that power is going to be found, my guess

12:34:10 is, because if there's a legislative initiative that's

12:34:15 passed, unless he had vetoed it, I don't think going back to

12:34:21 another legal term, may not be another bite at the apple,

12:34:24 and we probably do not lend ourselves up to that point where

12:34:28 executive power Trumps legislative power in this set.

12:34:34 I think that maybe when we do, if we do rewrite this, that

12:34:38 you know, and I assume you might want to go to the AG's

12:34:41 office also for a legal opinion based on what we're asking

12:34:45 for, correct?

12:34:47 >>LISA MONTELIONE: Yeah, it was intended to go to

12:34:49 legislative delegation and the attorney general's office.

12:34:55 >>MIKE SUAREZ: Other thing I would say is to change the

12:34:57 language to reflect some of the points that Mr. Cohen had

12:34:59 made so that we are very clear as to what we're asking for.

12:35:03 It is a temporary suspension of that particular, that

12:35:07 particular -- excuse me, not suspension, but inclusion of

12:35:10 our event in the exception to.

12:35:13 >>CHARLIE MIRANDA: I need five minutes.

12:35:15 >>MIKE SUAREZ: I move that we go to 12, 35.

12:35:18 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by

12:35:21 Mr. Reddick.

12:35:22 All in favor of the motion, please indicate by saying aye.

12:35:23 Opposed nay?

12:35:25 The ayes have it unanimously.

12:35:26 >>MIKE SUAREZ: I thank you, Chair.

12:35:29 >>CHARLIE MIRANDA: Mr. Counsel, I was going to ask for your

12:35:33 opinion.

12:35:33 >> [inaudible] The power the governor has is the emergency

12:35:39 power to extend certain laws, if he is allowed, able to

12:35:44 declare this an emergency for that purpose, then what you'd

12:35:47 want to do is have him prohibit the prohibition on us

12:35:52 issuing an ordinance that would restrict the use of

12:35:54 firearms, weapons within the zone we decided as the event

12:35:58 zone.

12:36:00 What we're asking to do is suspend that law.

12:36:02 Not asking to create any new laws, suspend the prohibition

12:36:05 of us regulating that for the period of the time while the

12:36:10 RNC is here.

12:36:10 With respect to the legislature coming back, even if they're

12:36:14 there, they have to have another special session, because

12:36:16 you're not allowed to take up any other items.

12:36:20 So if they're decide and decide they want to move on, they

12:36:23 could certainly do that.

12:36:25 That doesn't automatically allow them to do that.

12:36:28 >>LISA MONTELIONE: That's what I understood, the session,

12:36:30 they'd already be there, so it could be called in addition

12:36:33 to the reason why they're there.

12:36:35 I did mention that there were three possible ways, executive

12:36:38 order, emergency order --

12:36:40 >> Executive order would have to be an emergency order,

12:36:43 otherwise he would not have the authority under the.

12:36:51 What you're really looking for is a letter that says if you

12:36:54 have authority under your executive authority, it could

12:36:57 declare an emergency to suspend the prohibition against the

12:37:00 city implementing a regulation in the event zone for

12:37:06 purposes of regulating the use of weapons in that zone for

12:37:09 that period of time that you're like him to exercise that

12:37:14 authority.

12:37:14 >>CHARLIE MIRANDA: Ms. Montelione, would you get with

12:37:17 Mr. Territo and we'll sign it by all seven councilmembers.

12:37:26 >> I had talked with Mr. Territo before I drafted this and

12:37:29 Mr. Shelby and Mr. Shimberg and I even called our previous

12:37:32 city attorney, Mr. Fletcher to get his input as well.

12:37:35 I talked to four different attorneys.

12:37:37 >> Just want to address something that meets your standard

12:37:39 and you're okay with signing it.

12:37:44 >>CHARLIE MIRANDA: Ms. Capin?

12:37:45 >>YVONNE CAPIN: Real quickly.

12:37:46 There are two possible avenues.

12:37:48 So included, what we're talking about is including the

12:37:52 emergency and possibly the legislative.

12:37:57 So both and you're going to reword it and it will come back.

12:38:02 >> Yes.

12:38:03 >>CHARLIE MIRANDA: Anything else, Mr. Montelione?

12:38:05 >>LISA MONTELIONE: Yes, I have one other item of new

12:38:07 business.

12:38:07 I would like to ask -- we have to take a motion and vote on

12:38:11 that don't we?

12:38:12 >>CHARLIE MIRANDA: I asked for you to get with -- so we

12:38:15 could come back and vote on it.

12:38:17 I don't have nothing to vote on now.

12:38:20 >>LISA MONTELIONE: Well, can I have a motion to proceed with

12:38:23 this.

12:38:24 >>CHARLIE MIRANDA: That's fine.

12:38:25 Have a motion by yourself, I think Mr. Reddick was the one

12:38:28 that seconded it, am I correct?

12:38:31 I want to make sure.

12:38:32 Don't want to make another mistake here.

12:38:34 I'll get executed.

12:38:36 >>FRANK REDDICK: Yes, I accept it.

12:38:37 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second

12:38:41 by Mr. Reddick to proceed with this motion to Mr. Territo so

12:38:46 they can work together.

12:38:47 All in favor please indicate by saying aye.

12:38:48 Opposed nay?

12:38:50 The ayes have it unanimously.

12:38:51 >>LISA MONTELIONE: Now the second order of business, I would

12:38:53 like to request a commendation of Council to Shannon basset

12:38:58 of USF department of architecture for her work on the

12:39:03 restitch Tampa event competition that was held recently.

12:39:08 I was a judge during that competition.

12:39:11 And I can tell you the amount of work that went into it was

12:39:15 phenomenal.

12:39:16 There were entries from, there were 40 plus entries, I

12:39:20 believe there were 46 entries to the competition from 22

12:39:23 countries.

12:39:24 The winners and honorable mentions that we decided on the

12:39:32 night of the event culminated in three winners and five

12:39:37 honorable mentions.

12:39:38 One of which was from New Port Richey, Florida.

12:39:41 But three of them who came in person, one came all the way

12:39:46 from Mumbai, India, flew 22 hours to be with us that day.

12:39:51 Another was from Berlin, Germany.

12:39:53 And it was just really a tremendous event for USF and for

12:40:01 the city.

12:40:03 >>CHARLIE MIRANDA: Thank you, Mr. Reddick for that motion.

12:40:05 I have a motion by Ms. Montelione, seconded by Mr. Reddick.

12:40:09 All in favor of that motion, please indicate by saying aye.

12:40:12 Opposed nay?

12:40:14 Anything else to come before this Council?

12:40:16 >>LISA MONTELIONE: I just want to thank Mr. Reddick.

12:40:18 >>CHARLIE MIRANDA: Anyone in the audience care to speak?

12:40:21 Stand adjourned.




April 26, 2012


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