TAMPA CITY COUNCIL
May 3, 2012
9:00 a.m. Session
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9:02:11AM >>CHARLIE MIRANDA: City Council is called to order.
9:04:20AM The Chair yields to Lisa Montelione.
9:04:24AM >>LISA MONTELIONE: Thank you, Mr. Chair.
9:04:26AM This morning, I would like to introduce Reverend Freddy
9:04:28AM Fritz of Tampa Bay Presbyterian church in New Tampa, who
9:04:33AM will be giving our invocation.
9:04:36AM Reverend Fritz is a native of South Africa, with a beautiful
9:04:39AM But came to the U.S. in 1983 to study theology at Trinity
9:04:47AM Evangelical Divinity School in Deerfield, Illinois.
9:04:49AM After receiving his master's in divinity in 1986, he and his
9:04:53AM wife moved to Chippewa Evangelical Church in Beaver Falls,
9:04:59AM Pennsylvania, where he served as associate pastor of
9:05:06AM evangelism, discipleship and missions.
9:05:11AM Five years later he served at Oakwood Presbyterian Church in
9:05:13AM State College, Pennsylvania.
9:05:15AM 11 years, after that he was called to serve as the senior
9:05:18AM pastor in Tampa Bay Presbyterian church.
9:05:21AM Reverend Fritz, welcome to City Council and thank you for
9:05:23AM spending your morning with us and opening this meeting.
9:05:25AM Please stand for the invocation and remain standing for the
9:05:29AM >> Thank you, Councilmember.
9:05:31AM Let's pray.
9:05:32AM O, mighty God, you are a God at hand and not a God far away.
9:05:39AM None can hide himself in secret places so that you cannot
9:05:44AM see him.
9:05:45AM For you fill heaven and earth.
9:05:50AM Grant wisdom and skill to each Councilmember today as each
9:05:53AM one seeks to serve the city and citizens of Tampa.
9:05:57AM Enable each person who speaks today to speak with charity
9:06:00AM and grace, and clarity.
9:06:01AM Where there is division, grant unity, where there is
9:06:06AM discord, grant harmony.
9:06:08AM And where there is disagreement, grant understanding.
9:06:11AM Whatever issues are dealt with today, whether budget
9:06:15AM changes, light installations, licensing approvals, the
9:06:19AM upcoming August convention and so on, may it all be done for
9:06:24AM the good of the great city of Tampa.
9:06:27AM And for all of this I pray, in the name of the triune God,
9:06:33AM father, son and holy spirit, amen.
9:06:39AM [PLEDGE OF ALLEGIANCE]
9:06:57AM >>CHARLIE MIRANDA: Roll call?
9:07:00AM >>MIKE SUAREZ: Here.
9:07:02AM >>FRANK REDDICK: Here.
9:07:03AM >>MARY MULHERN: Here.
9:07:05AM >>HARRY COHEN: Here.
9:07:06AM >>LISA MONTELIONE: Here.
9:07:06AM >>CHARLIE MIRANDA: Here.
9:07:09AM >>CHARLIE MIRANDA: Okay, we go to the approval of the
9:07:14AM >> Move approval.
9:07:16AM >>CHARLIE MIRANDA: Have a motion for approval -- second
9:07:20AM All in favor of the motion, please indicate by saying aye.
9:07:22AM The ayes have it unanimously.
9:07:23AM And the addendum to the final agenda.
9:07:27AM >> So moved.
9:07:29AM >> Second.
9:07:29AM >>CHARLIE MIRANDA: Motion made by Mr. Suarez, second by
9:07:32AM Mr. Cohen.
9:07:33AM All in favor of the motion, please indicate by saying aye.
9:07:35AM Opposed nay in the ayes have it unanimously.
9:07:40AM Okay, we go now to public comments for 30 minutes for
9:07:44AM matters other than public hearings.
9:07:48AM Those matters that are public hearings certainly come later
9:07:51AM and you have to be sworn and so forth and so on.
9:07:54AM We have 30 minutes, three minutes per speaker, up to and
9:07:58AM preference shall be given to the experience who wish to
9:08:01AM address this Council with items that are on the agenda
9:08:06AM So if you're going to speak to an item that's on the agenda,
9:08:10AM you have preference to speak.
9:08:11AM Yes, ma'am?
9:08:13AM Need your name and address for the record.
9:08:15AM >> My name is Laura D. Zahn.
9:08:18AM I live 215 West Grand Central Avenue in the Tampa Baptist
9:08:23AM My agenda item is 65.
9:08:25AM Freedom of speech offers us the right to agree or disagree.
9:08:30AM It does not offer us the rights to be disobedient,
9:08:33AM disrespectful or destructive.
9:08:36AM It is not freedom of attitude.
9:08:39AM It is not freedom of anger.
9:08:41AM It is not freedom of anarchy.
9:08:44AM The saying actions speak louder than words is not
9:08:48AM constitutional law.
9:08:49AM Our freedom is a freedom of speech, not freedom of actions.
9:08:53AM The average citizen would not carry a stick, brick, rock,
9:08:57AM chains etcetera with intent to cause harm, damage or
9:09:00AM destruction to another person or property.
9:09:04AM The average citizen would not throw a projectile, knowing
9:09:08AM and intending for to it cause harm, damage or destruction to
9:09:11AM another person or property.
9:09:12AM The average citizen would not push, should have, hit, trip,
9:09:16AM pull hair, etcetera with intent to cause harm, damage to
9:09:19AM another person or animal.
9:09:20AM With any rule staged such as the RNC convention, there are
9:09:25AM going to be actors or posers, full, that are not going to be
9:09:29AM conducting themselves in a reasonable and responsible
9:09:31AM citizen matter.
9:09:32AM Their intentions are to cause immediate and mass mayhem to
9:09:38AM property that does not belong to them, such as police,
9:09:42AM firefighters, military and persons of authority.
9:09:46AM Anyone who attempts to rein in their destruction.
9:09:49AM These actors are posers.
9:09:50AM They are very well paid professional protesters, trained and
9:09:54AM schooled in creative mass mayhem.
9:09:57AM They market their skills to the highest bidder.
9:10:00AM I believe if they could get paid enough, they would walk the
9:10:03AM streets proclaiming the second coming.
9:10:04AM Rest assured, they do not live in our city.
9:10:07AM They do not live in our state and quite possibly, they don't
9:10:10AM even live in the U.S.
9:10:12AM Again, this RNC event in Tampa will provide them with
9:10:15AM enormous world stage.
9:10:16AM They are not going to miss any opportunity to stir things
9:10:20AM They are out to win the Oscar of protester acclaim.
9:10:24AM Getting beaten, bring it on, because the cameras are
9:10:28AM Getting arrested, all the better.
9:10:30AM Because now their name and their fame will up their asking
9:10:33AM Unfortunately for you and me and our city and our resources,
9:10:37AM we are the ones that will pay for their performance.
9:10:40AM We are the ones that will pay for their staged attitude,
9:10:43AM anarchy and anger.
9:10:45AM Our city could quite be left with billions of dollars of
9:10:50AM damage while they are on their way out of town to their next
9:10:53AM big gig.
9:10:54AM Remember, it's freedom of speech only, not a free for all.
9:10:59AM >>CHARLIE MIRANDA: Thank you very much.
9:10:59AM Next please?
9:11:04AM >> My name is Mike Pheneger, retired Army colonel, 1423
9:11:10AM Hollow Trail Drive, Tampa.
9:11:11AM I'm the president of the American Civil Liabilities Union.
9:11:14AM I want to thank the city attorney, Jim Shimberg and his
9:11:18AM staff and Councilmembers who met with us after the ordinance
9:11:20AM was first introduced to down, to discuss problems with the
9:11:24AM Some people think that we were in the process of negotiating
9:11:27AM with you on the first amendment rights.
9:11:29AM That's not true.
9:11:30AM What we really wanted to do is to kind of show you where we
9:11:33AM thought that the problems of your ordinance were with the
9:11:36AM first amendment.
9:11:37AM The ordinance you have before you actually is an improved
9:11:40AM product and we thank the people who were involved in it for
9:11:43AM listening to at least some of what we had to say.
9:11:46AM It welcomes all visitors to Tampa and doesn't discriminate
9:11:50AM against protesters.
9:11:51AM It specifically recognizes and welcoming visitors who come
9:11:56AM to protest and exercise their first amendment rights.
9:12:00AM It makes clear that all city parks and streets are potential
9:12:05AM Releases the nasty requirement of fees.
9:12:09AM Creates appeal process for the denial of permits.
9:12:12AM And it allows people younger than 18 to apply.
9:12:14AM It does a number of good things.
9:12:16AM That said, it's an improved on, toss not a good ordinance.
9:12:21AM Unfortunately, the revised ordinance you have before you
9:12:24AM still contains significant flaws.
9:12:27AM Our preference would be that you really don't need an
9:12:31AM ordinance at all.
9:12:31AM You just need a proceed says for handling permitting.
9:12:34AM But, the biggest problem is that it is still a bureaucratic
9:12:39AM and procedurally oriented approach to deal with what will be
9:12:42AM a serious of organic activities.
9:12:44AM It deals with assemblies and parades and discrete events.
9:12:49AM How will city deal with assembly at mark that Manatees to
9:12:52AM morph into a parade to the public viewing area?
9:12:55AM This is a big problem.
9:12:57AM It still ration shuns free speech.
9:12:59AM The 90 minute limit is an improvement over the 60 minutes
9:13:02AM originally proposed.
9:13:03AM But still too short.
9:13:05AM Giving groups all day in a park is very nice, but it
9:13:10AM basically limits the number of people and groups that will
9:13:12AM be able to protest.
9:13:14AM Why not simply let the groups decide how, what time they
9:13:17AM need and apply for it and grant it to them as they need it?
9:13:21AM The lottery system is a problem we aren't sure exactly how
9:13:25AM that will work.
9:13:26AM But we do think that the dates for groups to actually advise
9:13:29AM you of their intent is way too early.
9:13:31AM The early in June, has taken you all at least six weeks to
9:13:36AM come to grips with this ordinance and that's a major
9:13:38AM Mask provision is still a major problem.
9:13:42AM Current draft ordinance is a step forward, but we still
9:13:45AM think that the Council will be well advised to have a
9:13:48AM workshop on this prior to your second reading.
9:13:51AM We should take measures to welcome visitors to the City of
9:13:55AM Tampa, including those who come for the RNC to nominate a
9:14:00AM candidate and the protesters who come to protest their point
9:14:03AM of view.
9:14:04AM Why not a host committee for protesters?
9:14:06AM Why not assign groups for liaisons to the groups protesting
9:14:10AM to avoid problems on the street.
9:14:11AM Thank you very much.
9:14:12AM >>CHARLIE MIRANDA: Next please?
9:14:18AM >> Pete Johnson, 510 Harrison street.
9:14:21AM I am not going to talk about the RNC.
9:14:22AM I really don't think it's going to be that big of a thing.
9:14:25AM Tampa is not New York.
9:14:26AM Or portland or DC.
9:14:30AM Come on.
9:14:30AM But I do want to talk about is continuous problems --
9:14:35AM >> The item on the agenda?
9:14:39AM >> Item 67.
9:14:40AM That was withdrawn.
9:14:41AM It was withdrawn by the legal department.
9:14:43AM >>CHARLIE MIRANDA: If it was withdrawn, I've ruled this
9:14:46AM Council, that if it's withdrawn, we can't speak on it
9:14:49AM because it's no longer on the agenda.
9:14:51AM >> Okay.
9:14:52AM >>CHARLIE MIRANDA: I'm not trying to be tough or anything.
9:14:54AM Just to follow the rules.
9:14:55AM >> Well when these things are withdrawn at the last people
9:15:00AM last minute and people wait for weeks to speak on these
9:15:03AM things and they're withdrawn.
9:15:04AM >>CHARLIE MIRANDA: You're certainly entitled to speak to it,
9:15:07AM sir, but it's got to be at the end of the agenda because
9:15:10AM it's not on the agenda.
9:15:11AM I hate to tell you that but it's my responsibility.
9:15:14AM Thank you very much, next please?
9:15:15AM >> I'm Ed Tillou, live on north ninth Sulphur Springs.
9:15:23AM I can speak actually on something that I couldn't find the
9:15:27AM number of.
9:15:28AM >>CHARLIE MIRANDA: What item is it ton agenda?
9:15:30AM >> Okay, first I'll speak about 15 and 16, which to me, like
9:15:34AM you have streets in deplorable condition because the last
9:15:37AM administration, they were neglected.
9:15:39AM And the skate way project rolls out the red carpet to way
9:15:43AM think are vermin because all the homeless people that are
9:15:45AM down here and the people out of work.
9:15:48AM So the red carpet is being rolled out to the architects of
9:15:52AM that they're going to nominate somebody that was a hundred
9:15:54AM percent with the bush economics that produced this horror.
9:15:58AM That Tampa is picking up on.
9:16:00AM Another thing too is the demolition of the marina.
9:16:03AM I think that was potentially a big asset.
9:16:07AM The kind of thing that would bring a lot of people to Tampa
9:16:10AM to live.
9:16:10AM Then there was an item that was air quality, it's not a
9:16:15AM public, public hearing item.
9:16:17AM But with respect to that you can't really see it too well on
9:16:22AM this but it shows the buildup of methane in the
9:16:27AM >>CHARLIE MIRANDA: What item is that?
9:16:28AM >> I don't know what number.
9:16:30AM I looked.
9:16:31AM >>CHARLIE MIRANDA: Stop the clock.
9:16:32AM Stop the clock please.
9:16:33AM Let me tell you how I'm going to run this meeting.
9:16:37AM When you come up, you're entitled to speak three minutes.
9:16:40AM I want you to specifically speak what item is on the agenda.
9:16:45AM >> 15 and 16 and I couldn't find the one on air quality.
9:16:47AM And the one on air quality, the key thing that these, that
9:16:51AM you people could be doing, I don't think one of you owns a
9:16:54AM You brought up about leaps.
9:16:57AM The thing is you get could get an exemption for that if you
9:17:00AM live in down.
9:17:01AM But you're dealing with urban sprawl.
9:17:03AM A friend of mine, he lives out in Carrollwood.
9:17:05AM Now, people don't realize, Carrollwood is 16 to 18 miles
9:17:08AM from here.
9:17:09AM So a round trip is 35 miles.
9:17:11AM You've inherited this urban sprawl.
9:17:14AM And you have to deal with that.
9:17:16AM And dealing with it is not rubber stamping gas stations
9:17:19AM through like I saw done at the last meeting.
9:17:23AM You got to start changing your thinking.
9:17:25AM It's an end to this go with the flow and business as usual.
9:17:29AM That methane up in --
9:17:33AM >>CHARLIE MIRANDA: Well, I don't have methane on this
9:17:35AM I'm sorry to till, I do not that I can recall -- that's why
9:17:39AM I ask you to give me what number on the agenda.
9:17:42AM 68 -- 68 they tell me.
9:17:44AM We'll look at 68.
9:17:46AM >> 15 and 16 I address them.
9:17:49AM And air quality item.
9:17:50AM >>CHARLIE MIRANDA: You talking about greenhouse gas, yes,
9:17:52AM >> They said there was an air quality item.
9:17:55AM But this is already starting to happen in Siberia.
9:17:57AM And the thing is, it's just a matter of time before you
9:18:02AM start getting huge giga ton releases from northern Canada
9:18:06AM and Alaska because you are not doing anything about the
9:18:10AM carbon dioxide.
9:18:13AM Something has to be done about the methane because you're
9:18:15AM talking about a century's worth of carbon dioxide in a
9:18:19AM So the equation has changed.
9:18:21AM And I was 180 degrees on the other side of this until the
9:18:25AM new developments came in.
9:18:26AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:18:27AM Next please?
9:18:31AM >> How you all doing?
9:18:32AM My name is Jerry Hamil.
9:18:35AM With the coalition March on the RNC.
9:18:37AM Today is the day that you City Council decide on whether or
9:18:40AM not to put this ordinance into law.
9:18:42AM For weeks now, we have heard from many different people that
9:18:44AM the clean zone as it's called now, the event zone, will
9:18:49AM directly stifle and limit the voice of protesters.
9:18:54AM Any ordinance or law that says where protesters need to be
9:18:57AM and for how long is a direct oppression of the voice of the
9:19:01AM We are here with real demands.
9:19:02AM We are here because our houses were foreclosed on, because
9:19:05AM there aren't jobs for us to support ourselves or our
9:19:08AM Because we have to go into massive debt just to go to
9:19:12AM And because we can't walk freely outside just because of the
9:19:15AM color of our skin.
9:19:16AM Clean zone or event zone, not much has changed.
9:19:19AM The same items are banned like gas masks.
9:19:22AM People still aren't allowed to protect themselves from a
9:19:25AM militarized police force who are gearing up for war.
9:19:29AM We plan to lead a peaceful march August 27th and the only
9:19:32AM violence we expect is that from the police.
9:19:35AM The same police who at every convention protest fire tear
9:19:38AM gas and rubber bullets at peaceful protesters.
9:19:41AM Like I said two weeks ago, protesters don't need new laws.
9:19:45AM On top of that, we have the right to protest within sight
9:19:49AM and sound of the convention and an August 27th, families,
9:19:53AM students and retired workers will be marching where and for
9:19:56AM how long they feel is necessary.
9:19:58AM Will you arrest thousands of people if they decide to parade
9:20:02AM for five minutes longer than your set time?
9:20:05AM I highly doubt it.
9:20:06AM We the people say once more, no to the event zone and no to
9:20:11AM the Republicans.
9:20:12AM We the people are the makers of history.
9:20:15AM City Council, don't be on the wrong side of change.
9:20:18AM Don't be on the wrong side of history.
9:20:20AM Thank you.
9:20:21AM >>CHARLIE MIRANDA: Thank you very much.
9:20:21AM Excuse me, I don't want to have a debate here.
9:20:25AM This is the conversation between the speakers and this
9:20:27AM I appreciate very orderly.
9:20:30AM Next please?
9:20:32AM I'm not going to get into a debate, ma'am.
9:20:34AM >> My name is Amies Mears, 1217 east forest street.
9:20:39AM I'm here to talk about agenda item 65:00 the green zone
9:20:43AM I do not accept the suspension of my rights.
9:20:47AM Much less.
9:20:48AM Bob Buckhorn claims 99.9% of the visitors will be peaceful,
9:20:53AM yet we are spending millions of dollars posting law
9:20:57AM enforcement officers, National Guard troops and stripping
9:21:02AM rights from our residents from point one percent of the
9:21:05AM people, around ten to 20 people, depending how many people
9:21:08AM come to demonstrate.
9:21:10AM Does this seem reasonable?
9:21:11AM Giving freedom for security is dangerous.
9:21:13AM My rights are not something I'm willing to barter for any
9:21:16AM I'm opposed to any form of a green zone.
9:21:18AM The RNC has rented our forum and our convention center.
9:21:22AM They do not get to rent our rights, law enforcement, our
9:21:25AM streets and our town.
9:21:26AM We pay for the city.
9:21:27AM It is ours.
9:21:28AM Secret Service is maintaining a safe zone around those
9:21:32AM Furthermore, the trends have shown law enforcement will most
9:21:36AM likely engage the peaceful demonstrators, whether you try to
9:21:39AM justify it on paper.
9:21:40AM My safety is threatened first and foremost by the state
9:21:43AM sponsor crack down on dissent.
9:21:46AM Among the many fine men and women we have in law
9:21:49AM enforcement, there are those looking for violence at these
9:21:52AM 10% of the 5700 law enforcement will unnecessarily release
9:21:58AM assault on peaceful residents.
9:22:00AM The fight starts with law enforcement.
9:22:03AM Of those 570 law enforcement who initiate the assault, 10%
9:22:09AM of those will be extremely violent.
9:22:10AM Of those 57, 10% will be a serious threat to our lives and
9:22:14AM will seriously injure people and perhaps kill.
9:22:16AM Now my own mayor and City Council want me to remain
9:22:21AM defenseless by not allowing me to protect my eyes, nose and
9:22:26AM lungs, if they decide to fire tear gas grenades.
9:22:30AM Some went as far as attempting to suspend our second
9:22:34AM amendment right.
9:22:37AM Governor Rick Scott replied to Mayor Buckhorn, the
9:22:39AM constitutional right to self-defense is most precious and
9:22:43AM must be protected from government overreach.
9:22:45AM My right to free speech and our right to peacefully assemble
9:22:48AM needs to be protected as well.
9:22:50AM When the state escalates their assault on people, we have a
9:22:53AM duty to face it.
9:22:54AM And if you our elected officials knowingly violate our
9:22:58AM rights by voting in favor such an ordinance, we will hold
9:23:01AM you personally accountable for the aftermath that occurs.
9:23:04AM And we will not wait until election day.
9:23:07AM Remember, we will still be here after the RNC is over.
9:23:11AM We live here.
9:23:11AM I'm 100% opposed to green zone.
9:23:15AM My rights go where I go and I will defend them wherever I
9:23:20AM Those listening who are willing to take a stand can con the
9:23:23AM account me by resisting RNC.org or Google free speech
9:23:28AM project Tampa Bay.
9:23:29AM >>CHARLIE MIRANDA: Thank you very much.
9:23:30AM Next please?
9:23:34AM >> Good morning, Council.
9:23:35AM Mr. Chairman.
9:23:36AM Mr. Shelby, Mr. Rodriguez.
9:23:39AM And Mr. Shimberg.
9:23:41AM And I too would like to thank Council for its continued
9:23:45AM consideration of these matters affecting item number 65 on
9:23:49AM My name is Donnie rode.
9:23:51AM I'm located 412 Madison street.
9:23:54AM I'm I'd like to thank everyone for their efforts.
9:23:57AM But I can't thank you as yet for this ordinance.
9:24:00AM It's not a good one.
9:24:01AM It's a much improved one.
9:24:04AM But the effort itself to change it over the last two weeks
9:24:08AM indicates that it was not public misperception or anyone's
9:24:13AM mistaken notion of what the first one said that the second
9:24:17AM one needed to be developed as well.
9:24:19AM And the same will be said later, hopefully, when there is a
9:24:23AM third version of this thing, possibly a fourth.
9:24:26AM I'd ask you to consider the words of Mr. Dingfelder a few
9:24:30AM weeks ago that perhaps a workshop or a workshop type effort
9:24:34AM by letting this thing roll over to second reading, and
9:24:37AM allowing speakers to pool their time to some degree with
9:24:41AM other speakers, might be an idea.
9:24:43AM But there are certainly things that need to be worked on
9:24:46AM within the ordinance.
9:24:47AM Specifically from my standpoint.
9:24:49AM As I had suggested to you folks as far back as October,
9:24:54AM existing code sections 1441 and 22.8 that deal with blocking
9:25:00AM free passage on a sidewalk and the placement of personal
9:25:04AM items on public property are still confused, intermingled
9:25:09AM with the proposed ordinance and unclear to the average
9:25:14AM I'm willing to bet any of the speakers that preceded me here
9:25:17AM today would not understand what the law is or will be in
9:25:21AM late August.
9:25:21AM Last, please consider some provision for overnighting,
9:25:30AM sleeping, camping, whether we choose to call it midnight
9:25:34AM sunbathing, something where a person can lay horizontal on
9:25:39AM the ground at some location and not have to leave the
9:25:42AM epicenter of the protest area each and every single night.
9:25:47AM And also not create what the legal department has called a
9:25:51AM flash point between themselves and the police department.
9:25:55AM When it comes time to evacuate or close artificially and
9:26:00AM needlessly a city park or something of that effect.
9:26:04AM I have floated proposals with the mayor, the chief of
9:26:08AM police, her assistant chief.
9:26:11AM This Council, this Council's attorney, the mayor, the
9:26:14AM mayor's attorney, and gotten no response of any meaning,
9:26:18AM except for one Council person who sent me an e-mail
9:26:25AM arranging for meetings, actually several, but please take
9:26:28AM these matters under consideration again.
9:26:29AM Thank you.
9:26:30AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:26:31AM Next please?
9:26:38AM >> How's it going?
9:26:40AM My name is Corey Uhl.
9:26:41AM I'm also with the coalition of the march on the RNC.
9:26:43AM I'd lake to talk about the event zone that's proposed and up
9:26:49AM for vote.
9:26:49AM I think if there are restrictions placed on protestors, why
9:26:53AM wouldn't there also be restrictions placed on the behavior
9:26:56AM of police officers?
9:26:57AM As we have seen it every four years, for how long, it's
9:27:03AM always the police that instigate violence.
9:27:07AM You saw it in St. Paul.
9:27:09AM You see the police using what torrential tear gas, what have
9:27:13AM We don't have the right to protect ourselves with gas masks.
9:27:16AM Who is going to protect us if they're attacking us?
9:27:20AM That's all I want to know.
9:27:21AM There needs to be a provision that blesses restrictions on
9:27:24AM the auxiliary police force, that are being brought here to
9:27:30AM Tampa for the RNC.
9:27:31AM There needs to be a protocol for them if there's going to be
9:27:35AM a protocol for us, when we are peaceful demonstrators,
9:27:39AM exercising our first amendment rights.
9:27:41AM So, until then, I don't think that ordinance should pass.
9:27:46AM I think it should go to another reading or something because
9:27:49AM there needs to be other methods that we can deal with here.
9:27:56AM All I want to say is we also want our permits for the
9:28:04AM >>CHARLIE MIRANDA: Thank you very much.
9:28:04AM Next please?
9:28:11AM >> Tom, I'm allowed to be in this concert because I want
9:28:17AM political asylum.
9:28:18AM I belong to a nongovernment organization.
9:28:21AM From my country.
9:28:24AM And I was, from known violence protest in my country.
9:28:30AM Occupy Tampa protest, they claim to be nonviolent.
9:28:34AM And I was injured by police officer while I was wearing this
9:28:41AM pass and indication about my nongovernment organization.
9:28:45AM After that I became from this to this.
9:28:53AM I'm not in my country, but this is my home.
9:28:55AM Using this argument that it's going to be -- I feel she's
9:29:00AM It's going to be a lot of people here that doesn't live in
9:29:03AM Including police officers.
9:29:06AM So, what happened to me is what Tampa police officer, so
9:29:13AM imagine what police officer that is not from Tampa is going
9:29:16AM to do.
9:29:18AM Just to finish, everybody is going to vote yesterday, is
9:29:23AM going to be responsible if somebody die.
9:29:25AM If somebody gets killed in the protest.
9:29:29AM >>CHARLIE MIRANDA: Thank you very much.
9:29:30AM Next please?
9:29:33AM >>Jake Vigness, 4006 Forecast Drive.
9:29:40AM Just a few comments about the clean zone.
9:29:40AM It's recently been reported Governor Rick Scott has rejected
9:29:43AM Mayor Buckhorn's request to ban firearms in the clean slash
9:29:46AM event zone.
9:29:46AM In the letter, Scott stated, quote, it's unclear how
9:29:50AM disarming law-abiding citizens would better protect them
9:29:53AM from the dangers and threats posed by those who would thwart
9:29:53AM the law.
9:29:54AM He said quote, it is at such times that the constitutional
9:29:57AM rights of self-defense is most precious and must be
9:30:02AM protected from government overreach.
9:30:04AM On this point I'm in agreement with the governor.
9:30:07AM The constitution must be protected at all costs.
9:30:09AM However, some in government do not feel the first amendment
9:30:13AM is as vital and as sacred as the second.
9:30:14AM In spite of the generally positive revisions made since this
9:30:16AM was last brought forward, the right of people to peaceably
9:30:18AM assemble is still being abridged.
9:30:20AM For instance, permits are still required for 50 or more
9:30:23AM people, among a few other restrictions.
9:30:23AM Masks, a legitimate form of free expression and a useful
9:30:26AM protest prop, also remain restricted in some areas.
9:30:29AM Numerous other items, things like bicycle and umbrellas are
9:30:34AM banned with the qualification that said person must possess
9:30:37AM quote, intent to cause harm or injury.
9:30:40AM Who decides what individual intentions are?
9:30:42AM How do we create an ordinance on what someone wants to do in
9:30:46AM the future?
9:30:47AM Laws need to punish people for crimes that they have
9:30:52AM committed, not target individuals for something that they
9:30:52AM might do.
9:30:52AM There are already laws on the books against assault,
9:30:55AM vandalism and so forth.
9:30:56AM Why not simply enforce the laws that already exist?
9:30:58AM Thank you.
9:30:59AM >>CHARLIE MIRANDA: Thank you very much.
9:31:00AM Next please?
9:31:01AM >> Good morning.
9:31:03AM My name is Jacquelyn Lopez.
9:31:05AM 524 third street north, St. Pete.
9:31:08AM Agenda item number 68.
9:31:09AM On behalf of the center for biological diversity and our
9:31:13AM over 1,000 members in Tampa, I'd like to thank you for the
9:31:16AM opportunity to speak a few words about the clean air city's
9:31:20AM Scientific evidence indicates climate change is occurring at
9:31:25AM unprecedented rate.
9:31:26AM Mostly due to thermal expansion and expanding sea ice, sea
9:31:30AM levels rose approximately 7 inches in the 20th century
9:31:35AM Our bay rose about one inch a decade since 1950.
9:31:38AM According to the U.S. climate change science program, much
9:31:42AM of the low-lying coastal south Florida will be underwater or
9:31:48AM inundated by saltwater in the coming century.
9:31:51AM Many of us live close to sea level.
9:31:54AM Our elevation, our proximity to the sea and our economic
9:31:57AM reliance on a healthy bay and Gulf and stable shoreline puts
9:32:01AM us on the front lines against climate change.
9:32:04AM Luckily we already have framework for addressing those
9:32:09AM serious threats.
9:32:09AM Clean air act is the best currently available tool to combat
9:32:13AM climate change.
9:32:14AM It is already used to address a variety of air pollutants
9:32:18AM and 2010 alone, EPA estimates it saved 23,000 lives,
9:32:23AM prevented 1.7 million asthma attacks.
9:32:26AM Prevented four million lost days of work, and 68,000
9:32:31AM hospitalizations and emergency room visits.
9:32:35AM While saving us money and protect our economy.
9:32:38AM First two decades it created benefits valued over
9:32:41AM $22 trillion.
9:32:42AM As a Florida resident and a Tampa native, I am very proud of
9:32:48AM this Council for demonstrating leadership on this issue by
9:32:50AM considering this resolution that will tell president Obama
9:32:52AM and EPA administrator to use the clean air act now to give
9:32:58AM Florida a fighting chance against climate change.
9:33:01AM Thank you very much.
9:33:02AM >>CHARLIE MIRANDA: Thank you very much.
9:33:02AM Next please?
9:33:06AM >> Good morning.
9:33:07AM My name is Tim Heberlein.
9:33:09AM I live 1224 East Frierson Avenue.
9:33:14AM Thank you very much for having us here.
9:33:15AM Want to discuss the issue of the event zone ordinance.
9:33:18AM I wanted to thank you for taking into consideration some of
9:33:21AM the considerations brought forth by different organizations
9:33:24AM trying to ensure that the rights and the freedom of speech,
9:33:28AM first amendment rights of the people who are being visiting
9:33:31AM Tampa are equally as protected as those who are going to be
9:33:34AM attending the RNC convention.
9:33:36AM But there's still a long way to go.
9:33:39AM Still a few provisions which I have serious issues with I
9:33:42AM do -- I'm here in compass witness the that consumer action
9:33:45AM network, part of the 08 Tampa coalition, which does plan on
9:33:50AM having demonstrations here in the Tampa Bay area and in the
9:33:52AM event zone.
9:33:54AM And way think the part of the problematic issues I have with
9:33:58AM this is that the ordinance is really a, almost a static type
9:34:03AM of document trying to regulate something that's going to be
9:34:06AM very organic process, come the RNC.
9:34:12AM A lot of people from different areas but also from the
9:34:15AM little Tampa Bay area.
9:34:16AM That things are going to grow up spontaneously and as per
9:34:20AM things allow.
9:34:21AM So, part of this process I have concern about allowing those
9:34:25AM things to take place.
9:34:26AM One of the issues specifically, the provisions for the day
9:34:29AM long permits I have issues with, one of the previous
9:34:33AM speakers said, there will be a lot of well paid protesters.
9:34:36AM I don't know where those folks are.
9:34:38AM Wish I was one of them.
9:34:39AM [ Laughter ]
9:34:41AM >> But one of the things, if I were to see this bail on
9:34:44AM permitting process is, I would, if I were well financed,
9:34:48AM have 60 organizations under my name apply for those permits.
9:34:53AM So you just increased your ability of chances of winning
9:34:57AM that lottery if that indeed takes place 60 fold.
9:35:01AM So there are different ways organizations can take advantage
9:35:05AM of the system you have in place as proposed in the
9:35:08AM So, I just caution about day long permitting and utilizing a
9:35:13AM lottery process to do that because there are ways around
9:35:18AM And I don't know the speaker mentioned it's not going to be
9:35:21AM a big thing.
9:35:22AM But there are certain issues with accessibility and
9:35:24AM rationing of first amendment rights, which is a big thing.
9:35:28AM Regardless of what happens here in RNC, this is a matter of
9:35:33AM So aside from that I know Mayor Buckhorn attended a young
9:35:37AM Democrats meeting, saying he would be interested in reaching
9:35:41AM out to some of the people who will be participating in the
9:35:44AM And I agree with Mr. Pheneger's comments, there should be a
9:35:49AM host committee for the people conducting demonstrations,
9:35:52AM applying for permits.
9:35:53AM I think if there would be a way city would facilitate that,
9:35:58AM I'd be more than willing to participate in that process.
9:36:01AM Thank you.
9:36:02AM >>CHARLIE MIRANDA: Thank you very much.
9:36:02AM Next please?
9:36:03AM >> Hi, my name is Gerry Dycus, 1001 Echo Mountain Drive, I'd
9:36:11AM like to speak to number 15, the Bayshore marina.
9:36:14AM Why are we going to destroy this historic marina?
9:36:18AM They're going to pay almost $200,000 to destroy it, when for
9:36:21AM under $50,000 it could be made back into a marina like it
9:36:25AM should be?
9:36:26AM I mean, it's almost a no-brainer.
9:36:28AM I mean, I've walked it.
9:36:30AM And it -- you can do dredging and make a super marina.
9:36:34AM But there's no park and there's that land for super marina
9:36:37AM that you guys wanted.
9:36:38AM I mean, that was, just not going to happen.
9:36:41AM But, it could be a nice shallow water marina that we
9:36:45AM desperately need.
9:36:47AM We're losing docks at a huge rate.
9:36:49AM We need more, we need to keep the ones we have.
9:36:51AM So why not just take that marina, let somebody at the over
9:36:55AM like myself, I've been trying for the last month to get the
9:36:59AM details on this I only just found out they're going to
9:37:02AM destroy it.
9:37:03AM So, I'm here to -- let's make this an asset.
9:37:08AM Not a burden.
9:37:09AM I'm perfectly willing to handle the security, clean it up.
9:37:13AM Bring it up to code.
9:37:14AM And all that and turn it back into a marina.
9:37:18AM But for the last month, I have not been able to get with
9:37:21AM anybody from, I was working with the mayor's office, to even
9:37:25AM talk about this.
9:37:26AM And I've been trying to get an appointment with the mayor
9:37:29AM and other people, and it just isn't happening.
9:37:31AM I mean, this can employ, you know, three or four people,
9:37:37AM plus probably maybe another 20 or 30 jobs from the boats in
9:37:40AM the slips.
9:37:42AM And there could be boat rentals.
9:37:45AM Personally, I would like to may it a marina of the future
9:37:48AM with a bunch of future boats in it, all solar powered.
9:37:52AM And wind powered and other things like that.
9:37:54AM And also make demonstrations for alternative energy there
9:37:58AM that would make it something that would pop out, sharing
9:38:03AM Tampa as progressive trying to go to the future, instead of
9:38:07AM just tearing it down.
9:38:08AM And I would like to talk to somebody about doing this.
9:38:12AM But I've been run up against a stonewall.
9:38:15AM And I hope you can make that happen and I hope you can not
9:38:19AM let that contract out today, because there's zero reason to
9:38:24AM destroy that.
9:38:26AM The docks, I walked the docks and the concrete parts seem to
9:38:29AM be pretty good.
9:38:30AM Which if minor repairs, concrete docks are fine.
9:38:34AM All you need are new pilings and new utilities.
9:38:37AM Both of which are not a big deal.
9:38:38AM So please, let's not destroy Bayshore marina.
9:38:41AM >>CHARLIE MIRANDA: Thank you very much.
9:38:42AM Next please?
9:38:47AM >> Good morning.
9:38:47AM My name is Wit Ostrenko, president of MOSI.
9:38:51AM >>CHARLIE MIRANDA: I'm going -- we have you 10:00 in the
9:38:55AM >> Yes, sir.
9:38:56AM >> I know you got to rush and I know you talked to the
9:38:59AM This is ceremonial, so we can take this off because it has
9:39:03AM nothing to do with the actual agenda.
9:39:05AM Ceremonially, they're going to make a presentation as to the
9:39:09AM scientist of the year, Hispanic scientist of the year.
9:39:12AM So we are going to proceed.
9:39:14AM I don't have to waive the rules for that.
9:39:17AM Go on.
9:39:18AM >> Thank you.
9:39:18AM We'll be short and quick and thank you for all your support
9:39:22AM of the City Council as science center events.
9:39:26AM We have had a great year.
9:39:28AM The DEA exhibition, fighting drugs in this community and in
9:39:31AM the Tampa Bay region.
9:39:34AM The biggest thing we have going out is our announcement of
9:39:37AM the National Hispanic Scientist of the year.
9:39:40AM I want to introduce you to the founder of the National
9:39:44AM Hispanic Scientist program and she's going to talk to you
9:39:47AM about Dr. Volkow.
9:39:55AM >> I do have the honor and privilege of chairing the MOSI
9:39:59AM We have the opportunity to announce the selection of our
9:40:02AM National Hispanic Scientist of the year.
9:40:04AM For the past 12 years, over 15,000 Hillsborough County
9:40:09AM middle school children have been mentored for a day by the
9:40:12AM most outstanding scientists in the world, including Nobel
9:40:17AM prize laureates, surgeon generals, astronauts, researchers,
9:40:23AM This year is no exception.
9:40:25AM The 2012 National Hispanic Scientist of the year is named
9:40:27AM Dr. Nora Volkow.
9:40:29AM If you watched 60 minutes last Sunday, she was featured on
9:40:33AM 60 minutes for well over half an hour regarding her
9:40:36AM pioneering research work on brain imaging for control of
9:40:41AM drug addiction, food addiction and liquor addiction.
9:40:44AM And she's proving through her research that drug addiction
9:40:47AM is a disease of the brain.
9:40:49AM We're going to have the honor of having this magnificent
9:40:52AM woman in Tampa on Saturday, October the 27th to honor her
9:40:57AM for a gala.
9:40:58AM So we hope that some of you will attend.
9:41:00AM On Friday, October the 26th, we will have 1500 local middle
9:41:06AM school children, primarily Hispanic, who will come to meet
9:41:09AM the scientist of the day at MOSI, where Dr. Volkow will
9:41:12AM mentor them about drug abuse.
9:41:15AM How timely can this be?
9:41:18AM Dr. Volkow was born in Mexico city.
9:41:20AM Has a tremendous academic record and colorful historic past.
9:41:25AM She's the great granddaughter of Leon Trotsky.
9:41:29AM So if you want to see more and hear more, join us at MOSI.
9:41:33AM You can find it online.
9:41:34AM We thank you for letting us do this the last 12 years and
9:41:37AM look forward to having you, thank.
9:41:39AM >> You I want to thank both of you and your fine
9:41:42AM organization, the museum of science, what you've done.
9:41:45AM It's a marvelous thing.
9:41:46AM I've attended many of them.
9:41:48AM Scientists that come are really special people and they have
9:41:51AM a special place.
9:41:52AM In fact, I think one or two of them have relocated to Tampa
9:41:55AM as I recall.
9:41:56AM So that's wonderful.
9:41:57AM Thank you so much.
9:41:58AM And we hope some of us can make it, if not all of us.
9:42:03AM >> Look forward to having you.
9:42:05AM And thank you for letting us go early.
9:42:06AM [ Applause ]
9:42:10AM >> Mr. Chairman?
9:42:12AM >> Yes, sir.
9:42:14AM >>FRANK REDDICK: Before the gentleman speak, the prior
9:42:17AM speaker that came before us and speaking to item number 15,
9:42:22AM is it possible that we can facilitate some way the gentleman
9:42:27AM can speak to someone?
9:42:30AM >>CHARLIE MIRANDA: I don't run the administration.
9:42:31AM I can tell you what I know about the marina.
9:42:34AM Stop the clock on the speakers, please.
9:42:36AM It's all nice to come and do that.
9:42:40AM I admire the gentleman for coming here.
9:42:42AM But, it takes more than $50,000 to knock down that -- then
9:42:48AM he talked about the electricity.
9:42:50AM I've been there and I've checked them all out.
9:42:53AM They didn't talk about the waterlines.
9:42:54AM They didn't talk about the facilities.
9:42:56AM They didn't talk about what you have to do to make that a
9:43:00AM Way back some eight years ago or so, we had some money set
9:43:05AM aside and borrowed some money to do Marjorie Park and
9:43:10AM And I worked very diligently within the mayor.
9:43:14AM Marjorie Park was done and somehow Bayshore was not
9:43:17AM During that era a developer came in and wanted to bite.
9:43:22AM And I said absolutely not.
9:43:24AM And we're having the same tug of war.
9:43:27AM This is the only department.
9:43:30AM The last time checked, and that was years ago, I admit to
9:43:34AM that, there was over 250 vessels that wanted to park or moor
9:43:37AM or whatever you want to call it in the marinas in the city.
9:43:41AM We didn't have the facilities.
9:43:43AM This is an asset for the city.
9:43:45AM We did some marinas around the convention center, the
9:43:49AM Marriott did some.
9:43:50AM And if you look at Harbor Island, all those slots and slips
9:43:54AM that went up, when I pass by there, they're full.
9:43:58AM So, this is something that needs to be addressed.
9:44:02AM I can't speak for the administration.
9:44:05AM But I can tell you that it takes a lot more money to do what
9:44:12AM is said to be done.
9:44:14AM And that marina, one time I think it has 34 or 35 slips
9:44:18AM total, I'm not sure because I'm looking back some years
9:44:21AM back, but I'm within the ballpark there of the figure.
9:44:25AM And the Gasparilla vessel also moors there.
9:44:31AM It's an asset to the city and if you look at any place like
9:44:35AM Sarasota, or St. Pete when you drive by and you see all
9:44:39AM these beautiful vessels, and it takes money.
9:44:42AM So I'm not going to have a vessel there.
9:44:44AM But, the people that have that kind of wealth, that's fine.
9:44:47AM Go out and spend your money and create jobs.
9:44:50AM And this is what it's all about.
9:44:51AM But I'm going to be supporting this resolution.
9:44:55AM Council is up to them to do what they'd like to do.
9:44:58AM I did that long study.
9:45:00AM Tribune wrote an article years back and I believe the times
9:45:03AM did too.
9:45:04AM And I'm talking about sometimes back.
9:45:06AM I don't know if I could find that article, but I'm sure it's
9:45:09AM in the archives somewhere.
9:45:12AM Those are the things that I recall.
9:45:13AM And we tried.
9:45:16AM There was a change of administration.
9:45:18AM They tried.
9:45:19AM They finally completed the Marjorie Park, or most of it.
9:45:22AM These are the things that I know, Mr. Reddick, about the
9:45:28AM >>FRANK REDDICK: Well, thank you for that historic
9:45:31AM perspective of it.
9:45:33AM But I was not speaking in terms of the resolution.
9:45:36AM I was just wondering, the gentleman made an offer.
9:45:39AM And I didn't have the history.
9:45:41AM So if there was other options being facilitated, that's
9:45:46AM I can -- we can move forward.
9:45:48AM >> I understand.
9:45:49AM I appreciate your comments because the history was not
9:45:51AM there, part of the equation.
9:45:54AM And I'm really supportive of your idealism and working and
9:46:00AM beautifying, not only the Bayshore, but all docks in the
9:46:03AM city of Tampa.
9:46:04AM It needs to be done to create the opportunities for many.
9:46:06AM Yes, sir?
9:46:10AM >> Hi, my name is Steve Gentile.
9:46:17AM I'm here against my own belief none of this is going to
9:46:21AM change, regardless what we say here.
9:46:22AM I believe you already have intent on passing this, no matter
9:46:26AM Regardless, I got a few things to bring up.
9:46:32AM As for the whole reasoning for the ordinance, what is it
9:46:36AM about the existing laws that are in place that wouldn't
9:46:40AM protect people from certain crimes?
9:46:43AM Like if someone breaks a window or someone hits a police
9:46:46AM officer, haven't there already law that is would protect
9:46:50AM people from these criminals?
9:46:54AM I think this ordinance is more along the lines of stripping
9:47:00AM people from the right to protect themselves from cross fire
9:47:02AM or anything like that.
9:47:03AM This way it makes it easier on the police officer to do
9:47:08AM crowd control.
9:47:09AM I also wanted to touch on the subject of the escalation
9:47:15AM All across the country, people within the occupy movement
9:47:19AM have been voluntarily taken deescalation training, which is
9:47:23AM methods of peaceful means.
9:47:26AM And I'm wondering if the police are doing the same thing,
9:47:29AM where instead of resorting to violent methods first, are
9:47:33AM they going to be resorting to any kind of peaceful
9:47:37AM I also think it's ridiculous that we have to pay $50 for an
9:47:43AM hour and a half of free speech.
9:47:44AM We should call it fee speech.
9:47:47AM >>CHARLIE MIRANDA: Thank you, next please.
9:47:49AM I have about four and a half minute left.
9:47:52AM >> Hello, Council.
9:47:54AM Kelly Benjamin, 301 west land bland street.
9:47:58AM As you know, freedom of dissent and a lively robust
9:48:03AM discourses is exactly what the founding fathers had in mind
9:48:06AM when they drafted the constitution.
9:48:08AM As public officials here, you have a very important
9:48:13AM responsibility as you know, and I appreciate the
9:48:15AM consideration and the discourse and the push-backs that the
9:48:18AM City Council has provided on the ordinance that's being
9:48:24AM discussed regarding the Republican National Convention.
9:48:28AM I find it interesting, some of you were in attendance at the
9:48:31AM mayor's state of the city address recently, where he talked
9:48:34AM about and lauded the historic achievements of the civil
9:48:38AM rights movement and Martin Luther King, Jr.
9:48:40AM And I think it's important to remember that Martin Luther
9:48:42AM King, Jr. was jailed multiple times for parading without a
9:48:46AM Some of the specific issues here that I like to talk about,
9:48:51AM the all-day permits, where a group of 25 people could
9:48:55AM reserve the park all day and prevent other groups from using
9:48:57AM the space, I'd like Council to consider those.
9:49:00AM Proposed limits for 90 minutes, as the ACLU mentioned, we'd
9:49:05AM like those, that proposal, that limitation to be eliminated.
9:49:09AM And other issues I think is important, the RNC having first
9:49:14AM dibs on specific public spaces and parks, Curtis Hixon as an
9:49:19AM example, that provides obvious advantage to people coming
9:49:22AM here with lots of money rather than the people here who are
9:49:25AM trying to engage in a robust civic dialogue that makes this
9:49:29AM country great and makes it what. The and I think it's
9:49:31AM important that the Council consider these things as we move
9:49:34AM And create more of a welcoming atmosphere for people.
9:49:39AM I think that's going to be healthy for both sides this
9:49:42AM summer when we begin to engage in these very important
9:49:46AM dialogues on the direction of this country and politics and
9:49:50AM what it means here to engage in the political process.
9:49:53AM I appreciate the effort that's been made thus far.
9:49:57AM I appreciate people being open to these ideas and I think
9:50:01AM you guys are going to make the right decision.
9:50:04AM Thank you very much.
9:50:04AM >>CHARLIE MIRANDA: Thank you very much, sir.
9:50:05AM Next please?
9:50:07AM >> We have one minute.
9:50:10AM >> You got some time.
9:50:11AM Go on.
9:50:13AM >> Pete Johnson, 510 Harrison street.
9:50:16AM When we pull something off an agenda, and it's done at such
9:50:19AM a late time period, you have neighbors, you've got people
9:50:24AM that go to jobs and everything else that planned to take
9:50:27AM time off.
9:50:27AM And then all of a sudden, there's no sense in taking time
9:50:32AM If we could come up with a way that we could give a little
9:50:34AM bit more notice when we pull something off of an agenda or
9:50:39AM when legal can't get something done.
9:50:42AM I mean, the Trinity Cafe, legal has been working on it since
9:50:45AM August 11th.
9:50:48AM 2011 to try to come up with something.
9:50:50AM I mean, to postpone it now for two months, again?
9:50:54AM You know, how long do we postpone things before we actually
9:50:58AM sit down and talk to them.
9:50:59AM Thank you.
9:51:00AM >>CHARLIE MIRANDA: Thank you very much.
9:51:00AM Anyone wants to speak who has not spoken before?
9:51:06AM >> My name is Karen Dearolf.
9:51:08AM My husband Dick and son David live 1601 Bayshore Boulevard
9:51:13AM and have been on that corner for 32 years.
9:51:15AM Have you ever made a 911 call?
9:51:17AM I did on March 28th.
9:51:19AM That was the day another person was killed on Bayshore in
9:51:23AM front of our home.
9:51:24AM I never met Staff Sergeant Christopher Woodard, but I now
9:51:29AM have read of his many accomplishments.
9:51:32AM He was raised in a Navy family.
9:51:33AM He enlisted in the Army in 2000.
9:51:36AM Help been stationed in south Korea.
9:51:38AM He served numerous deployments to Kuwait, Afghanistan, and
9:51:44AM He was married to Cary Ann Howell.
9:51:51AM He was dad to Jared, Jacob and tight take.
9:51:55AM He was a member of the joint communications element at
9:51:58AM MacDill Air Force Base.
9:51:59AM The only reason I know of his death is because the Tampa
9:52:02AM Police Department fold up on my 911 call to determine if I
9:52:07AM had witnessed the accident.
9:52:08AM I had not.
9:52:09AM But I inquired as to how the person on the motorcycle was
9:52:14AM I was informed that he was killed.
9:52:16AM Our questions raised in a March 30th meeting with the city
9:52:22AM regarding six Sylvester palms in the median in front of our
9:52:27AM home became less important.
9:52:28AM In fact, compared to that it was now more about public
9:52:32AM safety concerns.
9:52:33AM The death of Staff Sergeant Christopher Woodard shifted our
9:52:38AM focus from landscaping changes to lifesaving changes.
9:52:43AM We began to learn more about potential road hazards.
9:52:48AM Our mission now is encourage a speed limit reduction on
9:52:52AM This is not a new idea.
9:52:54AM Many hours of study, research and discussion was contributed
9:52:58AM by the 2004 Bayshore task force, whose mission statement
9:53:03AM includes, quote, to promote safe usage by all on Bayshore
9:53:07AM Unfortunately, recommendation number 15 to change the speed
9:53:12AM limit on Bayshore Boulevard to 35 miles per hour was never
9:53:16AM I'm pleased to report that over the years, the number of
9:53:20AM folks enjoying Bayshore has risen dramatically.
9:53:23AM And on any given day, thousands of citizens drive, walk,
9:53:27AM run, skate, cycle and bring their babies in strollers to
9:53:31AM enjoy the scenic linear park.
9:53:34AM However, how many more families are going to find the words
9:53:38AM Bayshore Boulevard a painful reminder of their loss on that
9:53:43AM As a community, we should take and provide as many
9:53:47AM safeguards as possible to keep Bayshore safe and accessible
9:53:50AM to all citizens.
9:53:52AM Please consider a reduction in the speed limit on Bayshore
9:53:57AM Boulevard and please remember Staff Sergeant Christopher
9:54:01AM Thank you.
9:54:02AM >>CHARLIE MIRANDA: Thank you very much.
9:54:02AM Next please?
9:54:05AM No you've already spoken, sir.
9:54:07AM There's a mic there.
9:54:13AM Please hand it to her.
9:54:14AM >> I'll just talk loud.
9:54:22AM >>CHARLIE MIRANDA: It's already on.
9:54:23AM >> Good morning, my name is Vicki Polea.
9:54:25AM I am here to support the statements she made, talking about
9:54:32AM the constitution on Bayshore seems like a bit of a different
9:54:36AM agenda item.
9:54:36AM But that's what you're here for.
9:54:38AM I was honored to have been appointed and served on the
9:54:40AM Bayshore task force that was a very long process and we did
9:54:44AM a lot of study.
9:54:47AM Some of the recommendations have been accomplished.
9:54:49AM Bayshore is safer.
9:54:51AM There are pedestrian crosswalks.
9:54:53AM But now we are encouraging more bikers and more walkers and
9:54:58AM more runners, and I'm really concerned about the interaction
9:55:02AM between vehicles and pedestrians.
9:55:05AM With the new land configuration from the southern end of
9:55:10AM Bayshore, I'm sorry, the northern end of Bayshore, we have a
9:55:13AM lot more speeding cars because they have more room.
9:55:16AM Yesterday, I was, the vehicles around me were going 55 miles
9:55:20AM per hour.
9:55:20AM I was going 40, with my little crumpled up keep Bayshore
9:55:25AM safe bumper sticker.
9:55:26AM The issue of speeding and what is a safe speed where the
9:55:30AM roadway that also is a highway, also a linear park, needs to
9:55:34AM be addressed.
9:55:35AM The Bayshore task force was supposed to meet annually
9:55:38AM afterwards to follow up.
9:55:39AM We did for a couple of years.
9:55:41AM I would really encourage Council to ask us to repeat again,
9:55:47AM to readdress some of the new concerns specifically as a
9:55:50AM result of the loss of Staff Sergeant Woodard.
9:55:54AM That road had only been open three months and we had a
9:55:57AM fatality at the intersection of Bayshore and Rome.
9:56:00AM At least examine that intersection, let us meet again and
9:56:04AM talk about what is a safe speed for a linear park and a
9:56:08AM And work towards keeping Bayshore safe for everybody that
9:56:11AM uses it.
9:56:12AM Also, if we could ask TPD to do another one of their major
9:56:16AM speed -- I can tell you, there are a lot of people speeding
9:56:18AM on there and they'll make a lot of money for the city.
9:56:22AM So I really would hope we can work together again and try to
9:56:26AM find a way to make this again the signature that we're proud
9:56:29AM Thank you.
9:56:30AM >>CHARLIE MIRANDA: Thank you so much.
9:56:31AM I need a motion from Council for three minutes for that last
9:56:34AM gentleman to speak.
9:56:35AM That will be the last gentlemen.
9:56:37AM >> So moved.
9:56:38AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
9:56:39AM Mr. Cohen.
9:56:40AM All in favor of the motion, please indicate by saying aye.
9:56:42AM Opposed nay?
9:56:43AM The ayes have it unanimously -- I already said, it's not you
9:56:46AM I can't let everybody speak and speak.
9:56:48AM We'll have all morning speaking, which is fine.
9:56:51AM But it goes by the rules.
9:56:52AM So they're not my rules, these are my rule also.
9:56:56AM I'm not debating, sir.
9:56:57AM Next please?
9:57:02AM >> Hello.
9:57:03AM My name is Smithey Grantham.
9:57:04AM I just wanted to really quickly, I'm not going to take up
9:57:09AM very much time.
9:57:10AM Wanted to issue out the idea that instead of the clean zone,
9:57:14AM we reallocate resources towards some of Tampa's
9:57:17AM infrastructure, like the streetcar system that floats from
9:57:22AM red to black, black to red, hopefully that will help balance
9:57:24AM it out.
9:57:25AM That's really all I have to say.
9:57:27AM >>CHARLIE MIRANDA: Thank you very much.
9:57:28AM That's the conclusion of the public segment of over 30
9:57:31AM minutes, which we have done.
9:57:33AM Appreciate very much.
9:57:34AM The comments were well received.
9:57:35AM Anyone in the audience care to have a request for public
9:57:39AM reconsideration of legislative matters at the last Council
9:57:43AM Ms. Mulhern.
9:57:44AM I see none on the legislative request.
9:57:47AM >>MARY MULHERN: Thank you, Mr. Chairman.
9:57:48AM I would like to -- I'm not sure what, that I heard
9:57:55AM completely Councilman's Reddick's request on item 15.
9:58:00AM But I'd like to ask item 15, which is on the consent agenda,
9:58:04AM I believe under my committee, be moved to staff reports for
9:58:10AM discussion, so that we can at least have a brief discussion
9:58:14AM about the marina.
9:58:16AM >> Second.
9:58:18AM >>CHARLIE MIRANDA: I got a motion and a second.
9:58:20AM Motion by Ms. Mulhern, second by Ms. Montelione.
9:58:23AM Any further discussion by Councilmembers?
9:58:25AM I won't say you're going to get the same results that you
9:58:28AM have now, because that's an issue that although aim not an
9:58:32AM expert in building -- I know you are.
9:58:35AM Everybody is an expert.
9:58:37AM I'm not talking to you, sir.
9:58:41AM Everyone here is an expert.
9:58:44AM The problem, I've never built a marina as being an expert.
9:58:48AM All in favor of the motion, please indicate by saying aye.
9:58:51AM Opposed nay?
9:58:53AM The ayes have it unanimously.
9:58:53AM Okay, committee reports.
9:58:58AM We go to -- before I go any further, this Council has an
9:59:09AM appointment at noon.
9:59:11AM And we'll be leaving today's meeting at 11:45.
9:59:15AM You all have been invited, I'm sure.
9:59:19AM And it's been on the Council calendar individual for some
9:59:23AM So we go to committee reports, public safety committee,
9:59:27AM Mr. Frank Reddick.
9:59:29AM >>FRANK REDDICK: Thank you, Mr. Chair.
9:59:30AM I move items one and two.
9:59:32AM >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by
9:59:34AM Mr. Cohen.
9:59:34AM All in favor of the motion, please indicate by saying aye.
9:59:36AM The ayes have it unanimously.
9:59:37AM Park, recreation sculpture committee, Ms. Mary Mulhern.
9:59:43AM >>MARY MULHERN: Thank you Mr. Chairman.
9:59:44AM I move items 3 through 18.
9:59:50AM >>CHARLIE MIRANDA: Minus 15.
9:59:52AM >>MARY MULHERN: Except for 15.
9:59:53AM >>CHARLIE MIRANDA: Have a motion by Mrs. Mulhern -- I missed
9:59:58AM the second.
9:59:59AM >>LISA MONTELIONE: I had pulled item 17 for discussion.
10:00:02AM >>CHARLIE MIRANDA: We haven't taken the vote.
10:00:03AM We're fine.
10:00:04AM So we'll discuss item 17 at this time.
10:00:12AM >>LISA MONTELIONE: I don't know if anyone is here from staff
10:00:14AM tie dress item 17.
10:00:15AM I'm not sure they were prepared to be here.
10:00:19AM They were prepared to be here on staff reports.
10:00:21AM >>CHARLIE MIRANDA: We'll hold 15 with Chairman's.
10:00:25AM >>LISA MONTELIONE: 17.
10:00:26AM >>CHARLIE MIRANDA: 15 and 17, 15's already been allocated
10:00:30AM for another time.
10:00:31AM Have a motion by Ms. Mulhern, with 15 and 17 absent, second
10:00:35AM by Ms. Montelione.
10:00:36AM All in favor of the motion, please indicate by saying aye.
10:00:38AM Opposed nay.
10:00:39AM The ayes have it unanimously.
10:00:40AM Public works committee.
10:00:43AM Any items here to be pulled?
10:00:45AM >>LISA MONTELIONE: 20.
10:00:47AM >>CHARLIE MIRANDA: Mr. Mike Suarez, the Chairman.
10:00:50AM >>MIKE SUAREZ: I move items 19 and items 21 through 25.
10:00:55AM >> Second.
10:00:55AM >>CHARLIE MIRANDA: Have a motion by Mr. Suarez.
10:00:57AM Have a second by Mr. Cohen.
10:00:58AM All in favor of the motion, please indicate by saying aye.
10:00:59AM Opposed nay.
10:01:01AM The ayes have it unanimously.
10:01:02AM Finance committee, any items to be pulled?
10:01:06AM >> No, sir.
10:01:06AM Mr. Chair, I move --
10:01:09AM >>CHARLIE MIRANDA: Mr. Cohen, chairman.
10:01:14AM , Mr. Cohen moves item 26 through 30.
10:01:17AM Second by Ms. Montelione.
10:01:19AM All in favor of the motion, please indicate by saying aye.
10:01:21AM The ayes have it unanimously.
10:01:21AM Building, zoning and preservation committee chair.
10:01:26AM Lisa Montelione.
10:01:28AM >>LISA MONTELIONE: Thank you, Mr. Chair.
10:01:29AM I move items 31 through 44.
10:01:33AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, have a
10:01:35AM second by Mr. Reddick.
10:01:36AM All in favor of the motion, please indicate by saying aye.
10:01:38AM Opposed nay.
10:01:40AM The ayes have it unanimously --
10:01:40AM >> That includes the continuances.
10:01:43AM Continuances of 35 and 38.
10:01:50AM >>LISA MONTELIONE: Yes.
10:01:51AM Those have been continued by staff.
10:01:55AM >> Thank you.
10:01:56AM >>CHARLIE MIRANDA: Transportation committee chair,
10:01:58AM Ms. Yvonne Yolie Capin.
10:02:00AM >>YVONNE CAPIN: Thank you, Mr. Chair.
10:02:02AM I move items 45 through 48.
10:02:05AM And 50 through 52, 49 has been pulled.
10:02:10AM >>CHARLIE MIRANDA: Have a motion by Mr. Capin, seconded by
10:02:13AM Mr. Suarez.
10:02:14AM All in favor of the motion, please indicate by saying aye.
10:02:16AM Opposed nay.
10:02:19AM The ayes have it unanimously.
10:02:19AM Item 53 is a motion needed, for public hearing.
10:02:23AM >> So moved.
10:02:25AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:02:26AM Mr. Suarez.
10:02:27AM All in favor of the motion, please indicate by saying aye.
10:02:29AM Opposed nay.
10:02:31AM The ayes have it unanimously.
10:02:31AM These are public hearings for second reading than on
10:02:37AM proposed ordinance.
10:02:38AM These are nonjudicial proceedings.
10:02:39AM We have one item.
10:02:43AM Item 54.
10:02:45AM Need to open that hearing.
10:02:46AM >> CHARLIE MIRANDA: Motion by Mr. Reddick to open.
10:02:48AM Second by Mr. Cohen.
10:02:50AM All in favor of the motion, please indicate by saying aye.
10:02:51AM Opposed nay.
10:02:53AM The ayes have it unanimously.
10:02:53AM This hearing is open.
10:02:55AM Yes, ma'am?
10:02:56AM >> Good morning, Mr. Chair.
10:02:58AM And City Council members, Jan McLean with the offices of
10:03:01AM city attorney.
10:03:02AM Item number 54.
10:03:04AM In front of you today for second reading for what has been
10:03:07AM known as the fertilizer ordinance for the city revisions to
10:03:13AM chapters 21, article V, chapters 19 and chapter 23.5.
10:03:18AM And I call to your attention substitute ordinance that was
10:03:22AM submitted for your consideration with two scrivener errors
10:03:28AM that have previously been omitted from the ordinance, both
10:03:33AM within the title where it had previously said chapter 23.
10:03:35AM It's now 23.5.
10:03:37AM And also on the whereas clause, further on down in the
10:03:46AM article, line 29, 23.5 also.
10:03:49AM The substance of the ordinance has not changed.
10:03:54AM No language throughout the ordinance has changed.
10:03:56AM It was two scrivener's errors.
10:03:58AM And that's what the substitute ordinance is in front of you
10:04:02AM >>CHARLIE MIRANDA: Thank you very much.
10:04:02AM Any questions by Councilmembers?
10:04:06AM This is the second reading on this proposed ordinance.
10:04:09AM Anyone in the public care to speak?
10:04:14AM >> Motion to close.
10:04:15AM >>CHARLIE MIRANDA: Motion by Ms. Montelione to close, second
10:04:17AM by Mr. Suarez.
10:04:18AM All in favor of the motion, please indicate by saying aye.
10:04:19AM Opposed nay.
10:04:21AM The ayes have it unanimously.
10:04:21AM This motion was made by Mulhern.
10:04:23AM Ms. Mulhern, it goes back to Ms. Mulhern.
10:04:27AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:04:28AM And thank you Ms. McQueen for letting us know those were
10:04:33AM just scrivener's errors we were corrected.
10:04:37AM I move an ordinance being presented for second reading and
10:04:39AM adoption, an ordinance of the City of Tampa, Florida
10:04:41AM amending City of Tampa code of ordinances, chapter 21,
10:04:45AM article V, regulating the use and sale of fertilizers
10:04:48AM containing nitrogen and or phosphorus within the City of
10:04:52AM Tampa, amending the City of Tampa code of ordinances
10:04:55AM chapters 19 and 23 to provide enforcement for the regulation
10:04:59AM contained within chapter 21, providing for severability;
10:05:04AM providing an effective date.
10:05:05AM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
10:05:07AM Mr. Cohen --
10:05:10AM >> Excuse me.
10:05:11AM The scrivener's error, the reading of the title, you left
10:05:15AM off 23.5.
10:05:16AM You said 23.
10:05:17AM Just wanted to make sure for the record that the substitute
10:05:19AM ordinance which indicates chapter 23.5 was included in the
10:05:25AM >>MARY MULHERN: Okay.
10:05:26AM I'm sorry.
10:05:26AM I didn't have the addendum here.
10:05:30AM Should I read it again?
10:05:33AM >>CHARLIE MIRANDA: Read it again.
10:05:35AM >>MARY MULHERN: I move an ordinance being presented for
10:05:37AM second reading and adoption, an ordinance of the City of
10:05:40AM Tampa, Florida amending City of Tampa code of ordinances
10:05:43AM chapter 21, article 5:00 regulating the use and safely
10:05:46AM fertilizers containing nitrogen and or phosphorus within the
10:05:50AM City of Tampa, amending the City of Tampa code of ordinances
10:05:53AM chapters 19 and 23.5 to provide enforcement for the
10:06:00AM regulation contained within chapter 21, providing for
10:06:03AM severability; providing an effective date.
10:06:07AM >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern.
10:06:09AM I believe second by Mr. Reddick.
10:06:11AM -- Mr. Cohen.
10:06:15AM Anyone in the audience care to speak on item number 54?
10:06:20AM I see no one.
10:06:21AM Need is motion to close.
10:06:26AM >> Motion to close.
10:06:27AM >>CHARLIE MIRANDA: Motion by Mr. Suarez to close.
10:06:29AM Second by -- I guess it stays open, Mr. Reddick.
10:06:33AM All in favor of the motion, please indicate by saying aye.
10:06:36AM Opposed nay.
10:06:37AM The ayes have it unanimously.
10:06:39AM This is a second reading, so it's a roll call vote.
10:06:42AM Vote and record.
10:06:52AM >>THE CLERK: Motion carried with Capin being absent at vote.
10:06:55AM >>CHARLIE MIRANDA: Need a motion to open public hearings on
10:06:57AM these are quasi-judicial, so the witnesses have to be sworn
10:07:00AM in prior.
10:07:01AM This is 55 through 62.
10:07:06AM >>CHARLIE MIRANDA: Motion to open by Mr. Suarez, second by
10:07:08AM Mrs. Montelione.
10:07:09AM All in favor of the motion, please indicate by saying aye.
10:07:11AM Opposed nay.
10:07:12AM The ayes have it unanimously.
10:07:13AM Also, any items, I need a motion to any items received on 55
10:07:17AM through 62 be received and filed.
10:07:19AM >> Motion.
10:07:20AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
10:07:21AM Mr. Suarez to receive and file.
10:07:23AM All in favor of the motion, please indicate by saying aye.
10:07:25AM Opposed nay.
10:07:26AM The ayes have it unanimously.
10:07:27AM Now, the people will be sworn in.
10:07:30AM [Oath administered by Clerk]
10:07:37AM >>CHARLIE MIRANDA: These are on items 55 through 62.
10:07:40AM Those are the individuals that were just sworn in.
10:07:42AM All right.
10:07:43AM Item number 55.
10:07:46AM All right, we go from left to right to read this ordinance.
10:07:59AM Item 55.
10:08:04AM I need a motion -- anyone in the audience for 55 one more
10:08:10AM I need a motion to close.
10:08:13AM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick to close,
10:08:15AM second by Mr. Suarez.
10:08:17AM All in favor of the motion, please indicate by saying aye.
10:08:19AM Opposed nay.
10:08:21AM The ayes have it unanimously.
10:08:21AM Ms. Montelione, would you kindly take number 55 please.
10:08:26AM >>LISA MONTELIONE: Certainly, sir I move an ordinance being
10:08:28AM presented for second reading and adoption, an ordinance
10:08:31AM vacates, closing, discounting and abandoning an alleyway
10:08:35AM lying east of Cord Street, west of Carioca Street, south of
10:08:39AM 21st avenue and north of 18th avenue in Oak Park
10:08:42AM subdivision, a subdivision in the City of Tampa,
10:08:44AM Hillsborough County, Florida, the same being more fully
10:08:46AM described in section 1 here off, subject to certain
10:08:49AM easements, covenants, conditions and restrictions, as more
10:08:52AM particularly described herein.
10:08:54AM Providing an effective date.
10:08:55AM >> Second.
10:08:56AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
10:08:59AM Mr. Suarez.
10:09:00AM Further discussion?
10:09:01AM All roll call vote.
10:09:03AM Vote and record.
10:09:11AM >>THE CLERK: Motion carried with Capin and Cohen being
10:09:14AM absent at vote.
10:09:16AM >>CHARLIE MIRANDA: Item number 26.
10:09:19AM Yes, ma'am?
10:09:19AM >> Good morning, Council.
10:09:20AM Abbye Feeley, Land Development Coordination.
10:09:22AM Item number 56 required a certified site plan and that site
10:09:27AM plan was not able to be conferred for this case this
10:09:30AM If I could, I would ask that the second reading get moved to
10:09:33AM May 17th.
10:09:34AM I have been in contact with the applicant to let them know.
10:09:37AM Do I need them to fix the plan so we can certify it.
10:09:40AM >>CHARLIE MIRANDA: Anyone in the audience who is here on
10:09:42AM item number 56, it will be heard on May 17th at 9:30 a.m.
10:09:49AM I need a motion.
10:09:50AM >> Move to continue to May 17th.
10:09:53AM >>CHARLIE MIRANDA: Motion by Mr. Reddick to move to continue
10:09:56AM to May 17th, second by Mr. Cohen on item number 56.
10:10:00AM All in favor of the motion, please indicate by saying aye.
10:10:02AM Opposed nay.
10:10:03AM The ayes have it unanimously.
10:10:05AM >>ABBYE FEELEY: Thank you.
10:10:07AM >>CHARLIE MIRANDA: Item number 27.
10:10:08AM Anyone in the audience care to speak on item number 57?
10:10:21AM >> Can I speak on both 57 and 58 both same time?
10:10:27AM >>CHARLIE MIRANDA: Yes.
10:10:27AM >> Pete Johnson, 510 Harrison street.
10:10:30AM I am not affiliated with any particular association.
10:10:32AM But I do talk to a lot of different people and a lot of
10:10:36AM different people in different associations have some better
10:10:38AM ideas I think than the city.
10:10:40AM The closing of this alley and the installation of this
10:10:48AM store, dollar store, whatever it is, is extremely upsetting
10:10:51AM to the neighborhood.
10:10:52AM The way the property is sitting on the lot, the fact that
10:10:58AM the front door is on the side, the fact that the parking,
10:11:04AM additional parking is encroaching into a neighborhood that
10:11:08AM will diminish anyone from developing the neighborhood, I'm
10:11:15AM sorry, the whole -- this whole idea, I don't know how it
10:11:19AM ever got to second reading.
10:11:20AM I don't know how City Council passed it.
10:11:23AM The first reading.
10:11:26AM It needs to be revisited because it doesn't -- it's not
10:11:29AM conducive to neighborhood.
10:11:30AM It's not going to do anything good to the neighborhood.
10:11:33AM If the building is set the way it is, which is not this
10:11:37AM hearing, but if the building is set the way it is and
10:11:39AM there's no transparency, on Nebraska Avenue, it's going to
10:11:44AM create a dead zone.
10:11:46AM There's already two buildings across the street and one next
10:11:49AM door that has no windows on Nebraska.
10:11:52AM Trinity Cafe is going in right next door.
10:11:57AM We're going -- no one's going to see the drugs and
10:12:00AM prostitution that goes on there, so no one's going to call
10:12:03AM We need to rethink this whole city block of how it's being
10:12:10AM It's not conducive to the neighborhood.
10:12:12AM It's going to create problems.
10:12:14AM And it's encroaching on another neighborhood that could be
10:12:20AM And the people in this neighborhood are fighting hard to
10:12:24AM clean up the neighborhood.
10:12:25AM If we keep allowing stuff like this to go on, we're just
10:12:30AM setting the neighborhood up to fail.
10:12:32AM So please, reconsider this.
10:12:35AM Sit down, talk about it.
10:12:36AM The developer hasn't even sat down and talked to anyone in
10:12:41AM the association.
10:12:45AM You know, I'm sorry, we need to do something about this
10:12:49AM little development on this one city block.
10:12:52AM Encroaching into the neighborhood, a dead zone, drugs and
10:12:57AM prostitution is going to be rampant even more so because
10:13:02AM there are no windows for anybody to see what's going on.
10:13:04AM Thank you.
10:13:05AM >>CHARLIE MIRANDA: Thank you very much.
10:13:05AM Anyone else care to speak on item 57?
10:13:10AM >> Good morning, Mr. Chairman, members of the Council,
10:13:12AM Michael Brooks, 4830 West Kennedy Boulevard, Tampa, 336909.
10:13:17AM Here on behalf of the applicant.
10:13:18AM Many of the issues Mr. Johnson just raised relate to the
10:13:25AM The first hearing, there was.
10:13:26AM Discussion about the S-2 is parking portion of this
10:13:30AM We are working with Michael Callahan, in the audience today
10:13:33AM with regard to transparency requirements on Nebraska.
10:13:37AM Obviously, my client does not want crime and prostitution on
10:13:40AM this property any more than anyone here in this room does.
10:13:46AM But this -- as far as CPTED criteria goes, all of these are
10:13:53AM one of the many criteria we look at.
10:13:55AM The building will be lit.
10:13:57AM Building will have security cameras.
10:13:59AM And interesting, what wasn't mentioned is that corollary to
10:14:06AM CPTED is broken windows.
10:14:09AM We believe this would be an improvement to the neighborhood.
10:14:12AM It is well buffered in the adjacent properties.
10:14:15AM And if you look to the north and the south, the distance of
10:14:18AM the commercial depth to the north and, I'm sorry to the
10:14:21AM south and the commercial depth to the institutional, this is
10:14:24AM in line with the character of what's been built adjacent to
10:14:27AM So, sake of brevity, I will stop there and answer any
10:14:31AM questions from the Council.
10:14:32AM >>CHARLIE MIRANDA: Any questions from Councilmembers?
10:14:35AM Mr. Reddick?
10:14:37AM >>FRANK REDDICK: Thank you Mr. Chair.
10:14:38AM Sir, I would like to just ask you a couple questions.
10:14:41AM One is, I noticed that the Family Dollar Store on 15 and MLK
10:14:50AM is not facing 15.
10:14:53AM The frontage is not facing 15.
10:14:56AM The frontage is not facing MLK.
10:15:02AM The frontage is facing almost a residential, the view on the
10:15:07AM residential property.
10:15:08AM And there seemed to be lately a lot of family dollars that
10:15:15AM are popping up in my particular district.
10:15:22AM In East Tampa.
10:15:23AM Why is it that you putting the frontage not facing the
10:15:27AM roadway, but you're putting the frontage facing more
10:15:32AM residential viewpoint versus the road?
10:15:36AM The second question is, the windows.
10:15:42AM The one's on MLK and I don't know if you're going to monitor
10:15:46AM the ones on Nebraska and.
10:15:50AM But the one on MLK and 15, the windows that are adjacent to
10:15:55AM MLK, are those real windows?
10:16:01AM Real glass windows?
10:16:02AM >> I have my client in the room and I'm not familiar with
10:16:04AM that particular piece of property.
10:16:07AM Could I ask someone to come up and answer that question for
10:16:14AM >>JULIA COLE: I think I need to remind Council exactly what
10:16:16AM is in front of them today.
10:16:18AM You have vacation of the right-of-way petition and a special
10:16:21AM use request for the purposes of allowing parking associated
10:16:25AM with the commercial development in a residential area.
10:16:27AM The building, the location of the building, the orientation
10:16:31AM of the building is not in front of you today.
10:16:33AM I'm not even sure that the parcel upon which that building
10:16:36AM is located is in front of you today.
10:16:38AM >>FRANK REDDICK: Why didn't you just tell me to be quiet?
10:16:42AM [ Laughter ]
10:16:43AM >>JULIA COLE: I just felt listening to the conversation, to
10:16:46AM reorient to us the petitions that are actually in front of
10:16:50AM >>FRANK REDDICK: All right.
10:16:51AM Thank you.
10:16:51AM >>CHARLIE MIRANDA: Ms. Mulhern?
10:16:55AM >>MARY MULHERN: I'd just like to say, Mr. Reddick's
10:16:58AM questions are relevant to the fact that they're asking for a
10:17:01AM vacation of an alley and for the use of that space for a
10:17:09AM parking lot, so I think that the orientation of the building
10:17:13AM relates to the parking lot use.
10:17:14AM So I don't see -- I support your questions and I can't see
10:17:18AM why that isn't relevant.
10:17:22AM >>FRANK REDDICK: I thought it was relevant.
10:17:24AM >> With regard, because I understand from the transcript,
10:17:26AM and I was not a first hearing, I understand you were not as
10:17:30AM There was some conversation about the orientation relative
10:17:33AM to as Ms. Mulhern says, how the parking is laid out.
10:17:36AM One of the things that was discussed and staff has worked
10:17:42AM with the applicant, the curb cut on Nebraska for this
10:17:45AM particular site was not approved due to the spacing between
10:17:47AM the residential streets, the spacing for the driveway for
10:17:50AM the rental center to the south.
10:17:52AM And so with that, between the forest avenue and the Bryan
10:17:58AM Street access, the thought was that the forest avenue access
10:18:03AM was a more appropriate place to have the primary access
10:18:07AM point facing the rental center parking area.
10:18:10AM And the access on Bryan Street to the north, which is a
10:18:14AM limited access, in fact was driven by solid waste concern of
10:18:19AM being able to drive through that site to pick up the refuse.
10:18:24AM That is a right-out only so movements are restricted.
10:18:29AM And even further, that the width of that is restricted to
10:18:33AM discourage that being, the primary access.
10:18:37AM In the orientation of the building, all blends in with
10:18:41AM trying to drive the focal point of that site towards the
10:18:45AM intersection of Columbus one block away, towards the
10:18:50AM existing commercial use on the adjacent property to the
10:18:55AM Hopefully I've answered your question.
10:18:57AM But with regard to the fenestration, the window issue, we
10:19:04AM are working with Michael Callahan.
10:19:07AM There will be some design changes to the elevation as
10:19:09AM Council saw.
10:19:10AM Again, those weren't part of this application, but those are
10:19:12AM still a work in progress.
10:19:14AM >>CHARLIE MIRANDA: Mr. Reddick?
10:19:16AM >>FRANK REDDICK: Mr. Chairman, I want to pursue it since
10:19:19AM I've been advised my question is not relevant.
10:19:23AM So I'll just leave it line.
10:19:25AM >>CHARLIE MIRANDA: Thank you very much, anyone else in the
10:19:26AM audience care to speak on item 57?
10:19:31AM I need a motion to close.
10:19:32AM >> Motion to close.
10:19:33AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione to close,
10:19:35AM seconded by Mr. Suarez.
10:19:37AM All in favor of the motion, please indicate by saying aye.
10:19:38AM Opposed nay.
10:19:40AM The ayes have it unanimously.
10:19:41AM Mr. Cohen, can you take number 57?
10:19:45AM >>HARRY COHEN: Yes, thank you.
10:19:46AM I move an ordinance being presented for second reading and
10:19:51AM adoption, an ordinance vacating, closing, discontinuing and
10:19:55AM abandoning an alleyway lying east of Mitchell street, west
10:19:59AM of Nebraska Avenue, south of Bryan Street and north of
10:20:02AM forest avenue in Centralia subdivision, a subdivision in the
10:20:06AM city of Tampa, Hillsborough County, Florida, the same being
10:20:08AM more fully described in section 1 hereof, authorizing the
10:20:11AM mayor to execute and the city clerk to attest an indemnity
10:20:15AM agreement and bill of sale transferring title to related
10:20:19AM wastewater facilities; providing an effective date.
10:20:22AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:20:24AM Ms. Montelione.
10:20:26AM Discussion, Ms. Mulhern?
10:20:28AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:20:29AM I would just like to state that I again will not be
10:20:32AM supporting this as I voted against it on the first reading
10:20:37AM and stated all the reasons and all my references to city
10:20:42AM code and to our comprehensive plan at that first reading.
10:20:46AM So I'd just like to state that for both 57 and 58.
10:20:50AM For the record, if anyone needs to refer to those reasons,
10:20:56AM they're in the record from the first hearing.
10:20:58AM >>CHARLIE MIRANDA: Okay.
10:20:59AM I have a motion for, by Mr. Cohen, seconded by
10:21:02AM Ms. Montelione.
10:21:03AM Vote and record.
10:21:13AM >>THE CLERK: Motion carried with Mulhern and Reddick voting
10:21:17AM >>CHARLIE MIRANDA: Okay, item number 58.
10:21:22AM >>ABBYE FEELEY: Good morning, Council.
10:21:23AM Item number 58 required a certified site plan for this
10:21:26AM hearing this morning.
10:21:27AM The modifications were made.
10:21:29AM Plan has been certified.
10:21:30AM I have it available if you need to review it and it's been
10:21:33AM submitted to the clerk.
10:21:34AM Thank you.
10:21:35AM >>CHARLIE MIRANDA: Thank you very much.
10:21:35AM This is the second reading.
10:21:37AM Is the petitioner here?
10:21:42AM >> Michael Brooks, any questions, I'm here to answer.
10:21:48AM But no additional testimony.
10:21:49AM >>CHARLIE MIRANDA: Any questions?
10:21:51AM By the Council?
10:21:52AM Anyone in the audience care to speak on item number 58?
10:21:55AM I see no one.
10:21:56AM >> Motion to close.
10:21:57AM >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by
10:21:59AM Ms. Montelione.
10:22:01AM All in favor of the motion, please indicate by saying aye.
10:22:03AM Opposed nay.
10:22:04AM The ayes have it unanimously.
10:22:05AM Item number 58, Ms. Capin, would you kindly take number 58?
10:22:11AM >>YVONNE CAPIN: Thank you, Mr. Chair.
10:22:12AM An ordinance presented for second reading and adoption, an
10:22:17AM ordinance approving a special use permit, S 2, approving
10:22:20AM parking off-street, commercial and RS-50, residential
10:22:23AM single-family, zoning district in the general vicinity of
10:22:27AM 2802, 2804, 2806 and 2808 north Nebraska Avenue, 2807 and
10:22:34AM 2809 Mitchell street and 806 east forest avenue, in the City
10:22:38AM of Tampa, Florida and as more particularly described in
10:22:42AM section 1 hereof; providing an effective date.
10:22:48AM >>CHARLIE MIRANDA: Have a motion by Ms. Capin, have a second
10:22:52AM by Mr. Cohen.
10:22:54AM All in favor of the motion, vote.
10:22:56AM And record.
10:23:05AM >>THE CLERK: Motion carried with Reddick and Mulhern voting
10:23:11AM >>CHARLIE MIRANDA: Item number 59.
10:23:15AM >>CATHERINE COYLE: Item number 59 and 60, both have been
10:23:19AM certified and are on file to the clerk.
10:23:22AM We are available for any questions.
10:23:23AM >>CHARLIE MIRANDA: Thank you very much.
10:23:24AM Petitioner here on 59?
10:23:28AM >> Good morning, Santiago Corrada, chief of staff.
10:23:39AM I've not been sworn.
10:23:40AM [Oath administered by Clerk]
10:23:41AM >> I like your tie.
10:23:43AM >> For the record, great taste in ties.
10:23:46AM [ Laughter ]
10:23:46AM Would appreciate your support today upon second reading.
10:23:51AM I believe you've received some letters in support of this
10:23:55AM And we have Ms. Kristin Burdick, the president of downtown
10:23:59AM partnership here as well if you have any questions for us.
10:24:02AM Thank you so much.
10:24:03AM >>CHARLIE MIRANDA: Thank you very much.
10:24:03AM Anyone else in the audience care to speak on this item, item
10:24:07AM number 59.
10:24:08AM I see no one.
10:24:09AM Need a motion to close.
10:24:10AM >> Mover to close.
10:24:11AM >>CHARLIE MIRANDA: Motion by Ms. Capin to close, second by
10:24:14AM Mr. Suarez.
10:24:14AM All in favor of the motion, please indicate by saying aye.
10:24:16AM Opposed nay.
10:24:18AM The ayes have it unanimously.
10:24:18AM Ms. Mulhern, can you take number 59, please?
10:24:23AM >>MARY MULHERN: I move an ordinance being presented for
10:24:25AM second reading and adoption, an ordinance approving a
10:24:28AM special use permit S-2 for alcoholic beverage sales, large
10:24:31AM venue on premises only and making lawful the sale of
10:24:34AM beverages regardless of alcoholic content - beer, wine and
10:24:36AM liquor - on that certain lot, plot or tract of land located
10:24:40AM at 500, 600, 700, 702 and 704 North Ashland Drive, Tampa,
10:24:47AM Florida, as more particularly described in section 2;
10:24:52AM imposing certain conditions based upon the location of the
10:24:54AM property; that all ordinances or parts of ordinances in
10:24:58AM conflict are repealed; providing an effective date.
10:25:00AM >> Second.
10:25:01AM >>CHARLIE MIRANDA: Have a motion by Ms. Mulhern, second by
10:25:04AM Mr. Suarez.
10:25:06AM Roll call, vote and record.
10:25:13AM >>THE CLERK: Motion carried unanimously.
10:25:16AM >>CHARLIE MIRANDA: Item number 60.
10:25:17AM Petitioner here on 60?
10:25:26AM >> Good morning, Councilmembers, Grace Ann, 201 North
10:25:30AM Franklin Street.
10:25:31AM I've been sworn.
10:25:32AM Greatly appreciate your support on second reading.
10:25:34AM Happy to answer any questions.
10:25:36AM >>CHARLIE MIRANDA: Any questions by Councilmembers?
10:25:37AM Thank you very much.
10:25:38AM Anyone else in the audience care to speak on item number 60?
10:25:41AM I see no one.
10:25:43AM Motion to close by Mr. Cohen, second by Mrs. Montelione.
10:25:46AM A closed vote.
10:25:47AM Mr. Suarez, all in favor of the motion, please indicate by
10:25:51AM saying aye.
10:25:51AM Opposed nay.
10:25:52AM The ayes have it unanimously.
10:25:53AM Mr. Reddick, can you kindly take number 60?
10:25:59AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:26:00AM Move ordinance being presented for second reading and
10:26:03AM adoption, an ordinance approving a special use permit S-2
10:26:06AM for alcoholic beverage, beverage sales restaurant on
10:26:09AM premises only and making lawful the sale of beverages
10:26:13AM regardless of alcoholic content - beer, wine and liquor - on
10:26:16AM that certain lot, plot or tract of land located at 235 east
10:26:20AM Davis Boulevard, Tampa, Florida as more particularly
10:26:22AM described in section 2, that all ordinances or parts of
10:26:25AM ordinances in conflict are repealed; providing an effective
10:26:30AM >> Second.
10:26:31AM >>CHARLIE MIRANDA: Have a motion by Mr. Reddick, have a
10:26:34AM second by Mr. Suarez.
10:26:35AM Vote and record.
10:26:36AM Item 60.
10:26:42AM >>THE CLERK: Motion carried unanimously.
10:26:46AM >>CHARLIE MIRANDA: Item 61.
10:26:50AM >>ABBYE FEELEY: Mine were spaced out this morning.
10:26:53AM So item 61 required a certified plan.
10:26:55AM It has been certified.
10:26:56AM I don't know if you guys watched the news this week, but
10:26:59AM this is Aguila Sandwich Shop and they're in the top 30 for
10:27:05AM one of their sandwiches for the country.
10:27:08AM [speaking Spanish]
10:27:12AM >>CHARLIE MIRANDA: That means midnight.
10:27:15AM [ Laughter ]
10:27:17AM >>CHARLIE MIRANDA: All right.
10:27:17AM Anyone else in the audience care to speak on item 61?
10:27:22AM I see no one.
10:27:23AM Need a motion to close.
10:27:25AM >>CHARLIE MIRANDA: Have a motion to close by Mr. Suarez,
10:27:27AM seconds by Ms. Capin.
10:27:30AM All in favor please indicate by saying aye.
10:27:32AM The ayes have it unanimously.
10:27:32AM Ms. Montelione, would you kindly -- no well, this is not
10:27:38AM about a sandwich, this is about zoning.
10:27:40AM So we'll go to Ms. Montelione.
10:27:42AM [ Laughter ]
10:27:46AM >>CHARLIE MIRANDA: Just teasing.
10:27:50AM >>LISA MONTELIONE: I move an ordinance being presented for
10:27:52AM second reading and adoption, an ordinance approving a
10:27:54AM special use -- no I'm sorry, 61.
10:27:58AM I was right.
10:28:01AM >>CHARLIE MIRANDA: Don't listen to Mr. Cohen.
10:28:04AM >>LISA MONTELIONE: I'm so, sir.
10:28:05AM I present an ordinance for second reading and adoption, an
10:28:11AM ordinance rezoning property in the general vicinity of 3200
10:28:15AM west Hillsborough Avenue in the City of Tampa, Florida and
10:28:17AM more particularly described in section one, from zoning
10:28:20AM district classifications, RS-50 residential single-family
10:28:24AM and CG, commercial general to PD planned development
10:28:27AM restaurant, providing an effective date.
10:28:29AM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
10:28:31AM Mr. Suarez.
10:28:32AM Vote and record on 61.
10:28:42AM >>THE CLERK: Motion carried with Reddick being absent at
10:28:47AM >>CHARLIE MIRANDA: Item 62.
10:28:50AM Petitioner here?
10:29:04AM >> Juan Camacho, I am the property owner, 6202 as well as
10:29:12AM the business being proposed.
10:29:13AM Available for any questions.
10:29:14AM >>CHARLIE MIRANDA: Any questions at this time?
10:29:16AM Anyone in the audience care to speak on item number 6 2,
10:29:20AM please come forward.
10:29:26AM >> Bruce Gibson, 1227 east Henry avenue, Tampa, Florida.
10:29:30AM And I have not been sworn.
10:29:34AM [Oath administered by Clerk]
10:29:41AM >> I'm here because I oppose this rezoning.
10:29:45AM I believe that it is not consistent with the Seminole
10:29:48AM Heights vision plan or in the best interest of the
10:29:52AM The plan is referenced in section 27-546 parentheses small
10:29:59AM letter D, vision plan of the zoning ordinance.
10:30:02AM The document is also posted in PDF format on the City of
10:30:07AM Tampa web site.
10:30:08AM The vision map on page 19 shows this parcel as indicated for
10:30:14AM mixed use neighborhood scale.
10:30:17AM It describes this as non-residential uses are limited to
10:30:22AM neighborhood serving an general commercial uses, such as
10:30:25AM office, retail and restaurant.
10:30:27AM End of quotation.
10:30:29AM The document does not include a land use and zoning matrix.
10:30:34AM I actually know what one is since I work for an
10:30:37AM architectural firm.
10:30:38AM Unfortunately, I do have to study those things.
10:30:41AM This document does represent the culmination of the public
10:30:47AM neighborhood participation in the community planning process
10:30:50AM that went into this ordinance.
10:30:51AM The uses allowed in SH-CG exceed those cited in the vision
10:30:58AM plan and many of those make difficult neighbors in close
10:31:02AM proximity to single-family homes or other types of
10:31:05AM residential uses.
10:31:07AM And that's why we have zoning, is to in fact protect those
10:31:11AM types of things.
10:31:12AM Much was said at the previous hearing about how unlikely
10:31:15AM these uses are to occur.
10:31:18AM And I disagree and I think that if you were to drive down
10:31:22AM Florida, Nebraska or Hillsborough Avenue, you would show how
10:31:24AM many similar businesses there are that work under very
10:31:28AM similar physical constraints of lot size and building size.
10:31:31AM Some of them succeed.
10:31:33AM Some of them fail.
10:31:33AM But isn't that really perhaps the wrong question to ask to
10:31:39AM look at this situation?
10:31:41AM Shouldn't the parcel only be zoned for those uses or forms
10:31:45AM that we expect and hope for that parcel to be used and to be
10:31:49AM developed to?
10:31:50AM I mean, that way, we should not contemplate the technical
10:31:55AM difficulties, but human ingenuity, attack the technical
10:32:01AM So I would ask you to reconsider this matter and to oppose
10:32:04AM the rezoning.
10:32:06AM Thank you.
10:32:06AM >>CHARLIE MIRANDA: Thank you very much, sir.
10:32:07AM Next please?
10:32:10AM Anyone else care to speak?
10:32:14AM >> Susan Long, and I have not been sworn.
10:32:16AM There are several of us that haven't been sworn.
10:32:18AM So you may want to catch us all at once.
10:32:21AM >>CHARLIE MIRANDA: Anyone else in the audience who has not
10:32:23AM been sworn in, please rise if you're going to speak.
10:32:28AM [Oath administered by Clerk]
10:32:34AM >> Susan Long, 920 Broad Street.
10:32:37AM I put a map up here.
10:32:39AM This is from -- this is the city's map, of our form base
10:32:44AM And if you look at it, you will see this is, this parcel
10:32:49AM here is the Seminole elementary school and this is the
10:32:53AM And across the street, these are all bright yellow, yellowy
10:33:00AM I was going to use this map because it's bigger and you can
10:33:07AM see the definition.
10:33:08AM So here's the bright orange.
10:33:10AM This is a different section.
10:33:12AM Here's the bright orange and it is classified as mixed use
10:33:15AM neighborhood scale.
10:33:16AM That's what's supposed to be there.
10:33:18AM Here's the definition from the city's web site of mixed use
10:33:28AM neighborhood scale.
10:33:29AM There was supposed to be a CN, which is mixed use commercial
10:33:37AM But it does not exist right now.
10:33:38AM It's my understanding Ms. Coyle is in the process of writing
10:33:43AM But it should become available sometime this summer maybe.
10:33:46AM Presumably when she writes the CN, she'll write the SH-CG in
10:33:51AM the same time, because they're basically the same.
10:33:54AM One -- the only issue that we have with this zoning is it
10:33:58AM then allows things like auto repair and something
10:34:01AM specifically was supposed to exclude auto repair by
10:34:05AM agreement of the city and the residents of Seminole Heights.
10:34:09AM We're not opposed to the business.
10:34:11AM We think a little beauty shop will be great. Nobody is
10:34:15AM unhappy with that but we are having difficulties with the
10:34:18AM fact that once this gets zoned this way, it then becomes
10:34:22AM potentially, if he doesn't succeed or if he succeeds and
10:34:26AM needs a larger place, either way, this then becomes
10:34:30AM available to be a gas station, auto repair, lawn mower
10:34:34AM We have tons of those already.
10:34:35AM Thank you very much.
10:34:36AM And we don't need them on the nicest street in Seminole
10:34:39AM You have also been informed indirectly that, actually I
10:34:45AM spoke with Ms. Coyle before I came in here and she said if
10:34:49AM he would be willing to write a letter, put in writing,
10:34:51AM e-mail or letter to her saying he'd be willing to rezone it
10:34:55AM CN when that became available, okay, and there's any way you
10:35:00AM could put that constraint in there, then I would remove my
10:35:04AM But I just can't see having something potentially a gas
10:35:08AM >>CHARLIE MIRANDA: Thank you very much.
10:35:09AM Next please?
10:35:10AM >> Mr. Chairman may I ask a question?
10:35:12AM Ms. Coyle?
10:35:17AM >> Yes, ma'am?
10:35:19AM >>LISA MONTELIONE: The suggestion by Ms. Long, is that --
10:35:22AM actually, maybe this is also for Ms. Cole, is that something
10:35:25AM that we can condition because I don't know that we can
10:35:30AM condition rezoning.
10:35:32AM >>CATHERINE COYLE: It's not a condition of an Euclidian
10:35:35AM zoning, which is before you.
10:35:37AM Way advised Ms. Long of was, we are actually going to be the
10:35:42AM area rezoning process for Seminole Heights to bring it up to
10:35:46AM We're going to go through the entire process to rezone the
10:35:49AM whole area.
10:35:49AM What will be available at that time will be the SH-CG, which
10:35:53AM is also Euclidian district.
10:35:55AM And what I had Alaska advised Ms. Long is, if anybody
10:35:58AM actually, I have several people written me e-mails and
10:36:03AM letters saying they are understanding this coming forward.
10:36:06AM They are wanting a certain district as long as their land
10:36:08AM use classification allows it, we would be bringing that
10:36:11AM So if this particular property owner put me on notice in
10:36:14AM writing that they actually are okay with being rezoned CN,
10:36:17AM I'm good with bringing that far.
10:36:19AM Ultimately that's up to City Council through a separate
10:36:22AM It does not have anything to do with this one.
10:36:24AM This request is purely for the SH-CG.
10:36:29AM >>LISA MONTELIONE: So there isn't any action we can take
10:36:32AM today on that suggestion?
10:36:35AM >>JULIA COLE: No, because that's not a request that's in
10:36:37AM front of you.
10:36:38AM But I think through the discussion and what Ms. Coyle is
10:36:41AM saying is that through that process there's an opportunity
10:36:43AM to revisit the particular zoning classification and through
10:36:47AM whatever legal process we have available, changed it to
10:36:50AM potentially another zoning classification.
10:36:52AM And that's something that she's suggesting, we can look at
10:36:58AM in the future.
10:36:59AM >>LISA MONTELIONE: The petitioner would have to ask for
10:37:01AM At a later date, to be changed from what we're being asked
10:37:05AM today to the CN when it becomes available?
10:37:08AM >>JULIA COLE: I don't necessarily want to say that on the
10:37:11AM And have that discussion.
10:37:12AM I think as we go through that process, we can look at what
10:37:15AM would be appropriate and reasonable and whether or not
10:37:19AM there's any legal issue on revisiting this particular zoning
10:37:24AM >> Thank you.
10:37:25AM >>CHARLIE MIRANDA: Ms. Mulhern?
10:37:27AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:37:28AM Our job here is to, to make decisions about whether things
10:37:33AM are compatible with our comprehensive plan and with our
10:37:39AM Not to speculate on future possible changes of code and
10:37:46AM agreements made between a neighbor and the zoning
10:37:54AM I think Council needs to remember what our job is here.
10:37:57AM We don't have a lot of power, but one of the things we do
10:38:00AM have is to decide whether things meet our existing codes and
10:38:07AM are compatible with neighborhoods.
10:38:10AM >>CHARLIE MIRANDA: Thank you very much.
10:38:11AM Anyone else?
10:38:13AM Next please?
10:38:17AM >> Christy, I just again want to reiterate our opposition to
10:38:24AM this particular rezoning request.
10:38:27AM Given all the reasons that you've already heard.
10:38:29AM It would be great if this individual who purchased this
10:38:33AM property had a successful business and it was able to stay
10:38:37AM within the boundaries of this piece of property.
10:38:39AM But unfortunately, the way that the rezoning request has
10:38:44AM been written and the rules on the books right now, there's
10:38:47AM no guarantee that we're not going to get an auto repair or a
10:38:51AM small appliance and motor repair place in this location.
10:38:56AM And that is what we are definitely opposing.
10:38:59AM We're not opposing this business.
10:39:01AM We are opposing the rezoning and the expansion of
10:39:04AM opportunities that is alloted for this property, given this
10:39:08AM rezoning request.
10:39:10AM >>CHARLIE MIRANDA: Thank you very much.
10:39:11AM Next please?
10:39:14AM >> Good morning, Dirk Peters, I have been sworn.
10:39:20AM Want to pass out a few folders here with staff information.
10:39:35AM >> I've prepared a folder on this.
10:39:37AM When I left here, I was kind of horrified to be honest with
10:39:40AM you with what happened.
10:39:41AM First of all, this does not follow the vision plan that all
10:39:44AM of us worked so hard on the neighborhood.
10:39:46AM That's why there were ten people lined up against it.
10:39:49AM It's nothing to do with Mr. Camacho.
10:39:51AM But I also was horrified at staff's presentation.
10:39:56AM The fact that they kept saying form over use there.
10:39:59AM There is nowhere in the code that you will read that under
10:40:01AM purpose, I've highlighted for you, to regulate use and
10:40:05AM The next page you'll see there is Mr. Camacho's application.
10:40:10AM Which is improperly filled out.
10:40:12AM It highlights specialty retail and 641 square feet.
10:40:16AM Your code talks about usable floor area.
10:40:23AM You have a picture there of his front porch and back porch.
10:40:26AM They are to be counted.
10:40:28AM It is 912 square feet.
10:40:30AM Next page you look at is from the tax collector's office
10:40:33AM that verifies the 912 square feet.
10:40:37AM Mr. Camacho's testimony from 7:37 that night to 7:38
10:40:42AM highlighted he would be using it for specialty retail.
10:40:45AM From 7:38 to 7:39 that night, he added the following.
10:40:51AM We're going to enhance the outside landscaping to create a
10:40:54AM garden for the use of baby showers.
10:40:56AM The next paunch you'll see there is a picture of his web
10:41:01AM Where he talks about using all the outside and all the
10:41:04AM inside for baby showers.
10:41:05AM The hosting of baby showers does not qualify for specialty
10:41:10AM The hosting of baby showers is considered place of assembly.
10:41:16AM The robe that's important, one of them -- the reason that's
10:41:20AM port, this has parking one per thousand.
10:41:24AM The next has ten per thousand square feet.
10:41:27AM There's a survey there of Mr. Camacho's property, scanned in
10:41:35AM There's only five parking places available on this property.
10:41:38AM It can't be used for this.
10:41:40AM There's not enough parking.
10:41:42AM And his parking has to stay within the confines of those
10:41:48AM And the last page is compliance.
10:41:50AM It talks about here that any time we have request for
10:41:54AM zoning, new construction, major renovation changes of use
10:41:58AM intensity, the use shall comply with the applicable codes.
10:42:01AM First of all, he can't even do what he wants.
10:42:03AM There's not enough parking and parking is the issue to me
10:42:06AM because I am the immediate neighbor to the south with
10:42:09AM historic properties that have parking.
10:42:11AM So he has to have his parking and he doesn't have it.
10:42:14AM Respectfully ask that you table this so we can work with
10:42:17AM Mr. Camacho to bring a business we can actually use in the
10:42:22AM neighborhood and be able to handle the parking.
10:42:24AM >> You thank you very much.
10:42:25AM Anyone else in the audience care to speak on this item?
10:42:28AM Item number 62.
10:42:32AM Petitioner, are you here?
10:42:36AM You've heard the concerns.
10:42:40AM >> I just wanted to go ahead and state that you know, within
10:42:52AM the Tampa comprehensive plan, you know, bringing
10:42:57AM redevelopment to the area and creating jobs is important in
10:43:02AM that specific avenue is part of that redevelopment plan.
10:43:06AM And you know, these concerns are definitely speculatory.
10:43:11AM What I'm proposing is not, nobody has objection to.
10:43:17AM It's something that may happen, which is a small risk that
10:43:21AM is not guaranteed.
10:43:22AM Available tore to any questions.
10:43:27AM >>CHARLIE MIRANDA: What did? I small risk -- no risk has
10:43:31AM >> Correct.
10:43:31AM What I mean by that is, you know, the options that are
10:43:36AM available under this zoning, it's a very small risk of that,
10:43:42AM being able to go in.
10:43:48AM I think there are other benefits to this business going
10:43:51AM there that also have to be looked out and weighed out in the
10:43:54AM equation besides just the small fear that has been presented
10:43:57AM regarding what's speculatory, if my business doesn't
10:44:04AM >>CHARLIE MIRANDA: Ms. Mulhern, you want the floor?
10:44:09AM I'm sorry.
10:44:09AM Anyone else would like to speak?
10:44:13AM Thank you very much.
10:44:13AM Anyone else who has not spoken, and would like to speak on
10:44:17AM this item 62?
10:44:19AM I see no one, night a motion to clothes, I have a motion by
10:44:22AM Mr. Reddick, seconded by Mr. Suarez.
10:44:26AM All in favor of the motion, please indicate by saying aye
10:44:28AM the ayes have it unanimously.
10:44:29AM Okay, what's the pleasure of this Council on 62?
10:44:38AM >> Mr. Chair, I move item 62 for approval.
10:44:43AM >> Second.
10:44:43AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, have a
10:44:46AM second by Ms. Capin.
10:44:57AM >>LISA MONTELIONE: I move an ordinance being presented for
10:44:59AM second reading and adoption, ordinance rezoning property in
10:45:02AM the general vicinity of 6202 north Central Avenue in the
10:45:06AM City of Tampa, Florida and more particularly described in
10:45:08AM section one, from zoning district classifications, RS-50
10:45:11AM residential single-family to SH-CG Seminole Heights
10:45:15AM commercial general, providing an effective date.
10:45:17AM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, seconded
10:45:19AM by Mr. Suarez, I believe.
10:45:22AM -- Ms. Capin.
10:45:24AM Excuse me.
10:45:25AM Miss bid one chair.
10:45:26AM I'll get penalized for that.
10:45:31AM Further discussion by Councilmembers?
10:45:33AM Ms. Mulhern?
10:45:34AM >>MARY MULHERN: Thank you, Mr. Chairman.
10:45:36AM Again, I'm going to refer to the first reading on this,
10:45:41AM where I stated the reasons for voting against this petition.
10:45:49AM But I would like to make sure that I add to those reasons
10:45:54AM that the petitioner -- and I'm not sure if this was part of
10:45:58AM it, but I'm reiterating it if it was that the petitioner
10:46:02AM can't meet the minimum standards for parking requirements as
10:46:04AM stated in the code as was explained by one of the neighbors
10:46:08AM who just spoke and gave us this, these documents which are
10:46:12AM going to be added into the record too.
10:46:14AM And also that, we're talking about six to eight lots within
10:46:18AM this neighborhood node that fail to meet the minimum
10:46:23AM requirements per the code, thus the district SH-CG creates
10:46:30AM six nonconforming lots, Tampa city code prohibits creating
10:46:35AM new legal nonconforming lots.
10:46:37AM So I won't be supporting this.
10:46:39AM >>CHARLIE MIRANDA: Anyone else?
10:46:40AM Any Councilmembers?
10:46:41AM Have a motion to close.
10:46:45AM All in favor of the motion, please indicate by saying aye.
10:46:46AM Opposed nay.
10:46:47AM The ayes have it unanimously.
10:46:48AM Roll call vote.
10:46:50AM And record.
10:46:59AM >>THE CLERK: Motion carried with Mulhern and Reddick voting
10:47:06AM >>CHARLIE MIRANDA: Item number 64 is coming up.
10:47:12AM Okay, item number 64.
10:47:26AM 63 was heard earlier.
10:47:28AM Yes, sir?
10:47:39AM >> Good morning, I'm Ken Morgan, major with City of Tampa
10:47:44AM police department.
10:47:45AM Here in response to the questions you have regarding the K2
10:47:48AM The background that we did initially was we were in the
10:47:52AM process when this matter came before Council several weeks
10:47:55AM ago, gathering background information on the sources and the
10:47:58AM locations where it's being distributed within the city.
10:48:03AM The background we did, we identified 33 locations where it
10:48:06AM was being sold.
10:48:07AM It was approximately 187 different varieties of what we
10:48:11AM consider to be spice or analogs thereof.
10:48:16AM 33 locations we confiscated, 1,802 exhibits from them.
10:48:21AM We served notice with revisions to the staff, which went
10:48:24AM into effect in April of 2012.
10:48:26AM That added several chemical compounds to it.
10:48:29AM But also gives us the ability with the wording in the
10:48:32AM statute that the same composition in design that is used to
10:48:36AM develop any further drugs which causes the effects of
10:48:40AM synthetic marijuana, that it would be included with those
10:48:44AM We had total compliance when we served notification letters
10:48:48AM and confiscated the items.
10:48:50AM We are currently in the process of working within the
10:48:52AM department to distribute among the operational division, a
10:48:57AM notification process where they can feedback to the narcotic
10:49:01AM detectives, the locations of any future sales.
10:49:04AM It is a third degree felony to dispense it.
10:49:07AM There was a transition period where we did go through the
10:49:10AM notifications to confiscate the items that were on the
10:49:15AM >>CHARLIE MIRANDA: Any question by Councilmembers at this
10:49:18AM Mr. Reddick?
10:49:19AM >>FRANK REDDICK: Thank you, Mr. Chair.
10:49:21AM Could you tell me out of those 33 locations you have
10:49:29AM identified, are those facilities still selling any of those
10:49:33AM products, the ones that might be considered legal?
10:49:37AM >> We had people out until allergics last night that were
10:49:40AM still doing follow-ups.
10:49:41AM I'm sure we are going to have some people play shell games
10:49:44AM with us.
10:49:45AM The problem with it is, a lot of people have testing that
10:49:48AM they've done through independent chemicals where they say
10:49:52AM there's nothing in the statute that's contained within these
10:49:55AM chemicals or they're advertising $7 a gram potpourri or
10:50:01AM incense for that matter.
10:50:03AM That they're not intended for human consumption.
10:50:05AM The new wording, they're being centralized and being sold, I
10:50:10AM think we can overcome the hurdles we were faced with before.
10:50:13AM If we see one out there, we are prepared to deal with it and
10:50:16AM I think plan we have in place, we can remove it from the
10:50:19AM shelf immediately.
10:50:20AM >>FRANK REDDICK: And if you look at the geographical areas
10:50:23AM of the city, where have you found most of these items have
10:50:29AM been sold?
10:50:30AM Was it the west part or east part or south or north part?
10:50:34AM >> It was located throughout the city.
10:50:37AM If you walked out of the gate at MacDill Air Force Base,
10:50:39AM on MacDill, that you could get it there.
10:50:42AM If you came out of the gate on be Dale Mabry, you could get
10:50:46AM it there.
10:50:47AM If you went to the eastern part of the city limits, 46th and
10:50:50AM Busch, you could get it there.
10:50:52AM New Tampa, and Belmont Heights and Tampa Heights.
10:50:55AM It was located throughout the city and balanced within our
10:50:58AM geographic Cal areas pretty much even, where there was not
10:51:02AM one centralized area, full, where we would say this would
10:51:05AM cause us a concern.
10:51:07AM >>FRANK REDDICK: Next question I have, those 30 plus
10:51:10AM locations that you have identified, is that public
10:51:17AM The location of those?
10:51:19AM >> I would have to consult with Mr. Ramsberger on that.
10:51:23AM I believe that it would be, yes.
10:51:25AM But I'd like to follow up with our legal advisor to verify
10:51:30AM >>FRANK REDDICK: Final question is, have there been any that
10:51:36AM have violated -- well, let me just back up and say this I
10:51:43AM don't know if you had a chance to view the last Council
10:51:48AM meeting or hear anything from the last Council meeting, but
10:51:52AM I have formed a committee of community leaders to work with
10:51:59AM me and spotting these locations.
10:52:03AM And we had our meeting and we're discussing how we can rid
10:52:07AM these, these products out of our community.
10:52:11AM And I'm surprised at the type of feedback received from
10:52:16AM people in the community who have called and started
10:52:21AM identifying stores and telling me, go to this location, go
10:52:25AM to that location, they're there.
10:52:27AM And that was my question about if the, if those 30 plus
10:52:33AM locations are public, and if that is public information, I
10:52:37AM hope you'll be able to share that with me so I can share it
10:52:41AM with my committee that will help us from duplicating what
10:52:44AM we're doing.
10:52:45AM And our basic premise is to eventually rid all these
10:52:50AM products out of our local community.
10:52:53AM I was sitting at a gas station last evening, and the first
10:52:58AM thing I saw when I went in to pay was a counter full of
10:53:02AM these products.
10:53:02AM And you know, they had the product where they say jazz or
10:53:07AM So you know you're not buying no jazz music.
10:53:11AM >> May I ask where that was at?
10:53:13AM >>FRANK REDDICK: I can tell you.
10:53:15AM >> I'll tell you whether or not you stop there today, it
10:53:17AM will still be there.
10:53:18AM >> I will tell you soon as we finish.
10:53:20AM But, and so, I will just -- if your people tell you that
10:53:26AM that is public information, I would love to work with to you
10:53:29AM get that and work with my task force.
10:53:32AM Because our goal is try to rid these out of the community as
10:53:35AM soon as possible.
10:53:39AM >> It is my belief and I'll represent to the Council that
10:53:42AM based on the findings of the statutory provisions with the
10:53:45AM amendments and interpretation and application, from the
10:53:48AM city's legal department, that if it's there, that we can
10:53:52AM remove it.
10:53:53AM If it's being distributed, it's illegal.
10:53:55AM And everybody that we put on notice was expecting us, a
10:54:00AM month ago, when we went in we would buy an exhibit for $6.
10:54:04AM Yesterday, we were buying an exhibit, it was $20.
10:54:07AM So they were trying to make what they could as fast as they
10:54:11AM There was zero opposition to turning it over.
10:54:13AM So I take tend result will be, if you tell us where it's
10:54:17AM another, we'll be able to remove it.
10:54:26AM >>FRANK REDDICK: It was beyond my budget.
10:54:31AM >>CHARLIE MIRANDA: Anyone else?
10:54:32AM Ms. Montelione?
10:54:34AM >>LISA MONTELIONE: Thank you.
10:54:35AM I put on the overhead.
10:55:14AM >> You have the jazz you're referring to.
10:55:17AM And you have bullet incense and cloud nine, mad hatter.
10:55:21AM They're all selling for $6.
10:55:23AM I believe I received this at my home two weeks ago.
10:55:26AM It came the same time we were discussing it on Council.
10:55:29AM So these products are for sale.
10:55:33AM They are maybe pulling them off the shelves when you arrive.
10:55:39AM And putting them back on the shelves when you go away.
10:55:43AM They are advertising them for sale in publications.
10:55:48AM And as you see, in something that I received at my home.
10:55:53AM I live only, I don't know, maybe about eight, ten blocks
10:55:57AM from this location.
10:55:58AM There are several questions that we had asked during the
10:56:04AM last meeting when we discussed this.
10:56:06AM And a couple of you have already addressed.
10:56:09AM But a few I think need to be addressed by the legal
10:56:12AM department in that the labeling requirements.
10:56:16AM I was curious to know if you take that substance that has
10:56:23AM been overred in the Florida Statute and put it in another
10:56:27AM package with a different name and do not list the active
10:56:32AM ingredients within that package, how do we combat people
10:56:36AM from taking that approach?
10:56:43AM >>JULIA COLE: I think what you heard Major Mormon said they
10:56:48AM went through the process yesterday and reviewing the statute
10:56:51AM and discussing what that statute means in terms of
10:56:55AM It doesn't matter what it's called on a label.
10:56:58AM If it contains any of the chemical compositions that have
10:57:01AM now been deemed to be schedule one --
10:57:05AM >>LISA MONTELIONE: I'm sorry to interrupt.
10:57:06AM But that would be the essence of my question.
10:57:08AM How do you know what's in the package?
10:57:12AM >>JULIA COLE: If you allow me to continue.
10:57:14AM If it contains any schedule one substance, it is illegal.
10:57:20AM They can have it, a bag full of cocaine in it and it's the
10:57:24AM same thing.
10:57:25AM It is completely not legal to possess, sell, hold, etcetera.
10:57:29AM So if there is any form of probable cause to believe that
10:57:33AM those substances could be contained in a package
10:57:37AM notwithstanding what the package says, it would be
10:57:41AM completely illegal and there would be a right to not only
10:57:45AM confiscate, but to arrest those who are selling it.
10:57:48AM So at this point, the difference between what we had in
10:57:52AM Florida Statutes previously, versus what we have in statutes
10:57:55AM today is how we are able to go in and confiscate 8,000
10:58:00AM packets that, a month and a half ago we would not have the
10:58:05AM legal authority to confiscate.
10:58:07AM So the labeling portion of this is no longer part and parcel
10:58:11AM of the review.
10:58:12AM It is the -- there's a lot of variety of ways we through law
10:58:16AM enforcement have the opportunity to figure out whether or
10:58:18AM not the underlying substances are legal, notwithstanding the
10:58:22AM So, from a labeling perspective, that's no longer part of
10:58:26AM the analysis from a law enforcement perspective.
10:58:30AM That's what I'm trying to get at, is that the statute when
10:58:32AM it changed, not just added in such a significant number of
10:58:35AM substances, but actually gave us the opportunity to look
10:58:39AM beyond the label, look beyond the use, but actually look at
10:58:43AM chemical composition is in making the determination as to
10:58:46AM whether or not it's illegal or legal.
10:58:49AM >>LISA MONTELIONE: So do we purchase or confiscate a pack
10:58:53AM cadge and then run a chemical analysis on what's inside and
10:58:57AM then determine --
10:59:00AM >>JULIA COLE: I'm not a criminal lawyer, but would hesitate
10:59:04AM into how they handle their investigations.
10:59:06AM We probably don't want to talk about how they investigate
10:59:08AM and whether or not something would contain those substances.
10:59:11AM But if they contain those substances regardless of what's on
10:59:15AM the label, it's not legal.
10:59:18AM And there's a criminal violation.
10:59:20AM >>LISA MONTELIONE: The number eight on that list was the
10:59:22AM pipes and other paraphernalia that are sold, legal or
10:59:26AM illegal under any current law in effect.
10:59:29AM >>JULIA COLE: I haven't looked into whether the
10:59:31AM paraphernalia portion of this, if there's a state law on
10:59:35AM point as it relates to paraphernalia, whether or not we
10:59:38AM could enact any form of city regulation as it relates to
10:59:43AM I know it's been a highly litigated issue.
10:59:46AM I looked at the label issue and looked at some of the other
10:59:49AM issues, in terms of the paraphernalia, there have been
10:59:53AM attempts in other jurisdictions to go ahead and move forward
10:59:56AM with that and also to look at, with head shops and those
10:59:59AM kinds of things.
11:00:00AM And they haven't always been particularly successful.
11:00:03AM I can take another further look at that.
11:00:05AM Maybe I misunderstood and more focusing on the products and
11:00:10AM I'm happy to answer the labeling, legally what we could do
11:00:13AM in terms of labeling.
11:00:14AM But I think what you've just heard is now we have really
11:00:17AM looked at the statute, the labels isn't as important in the
11:00:20AM criminal investigation as it was six weeks ago.
11:00:24AM >>LISA MONTELIONE: Okay.
11:00:25AM And if you works it was number eight on that long list.
11:00:30AM >>JULIA COLE: I apologize then.
11:00:31AM I looked at this, but I was kind of focused more on the
11:00:35AM underlying drug portion of the issue.
11:00:37AM >>LISA MONTELIONE: Thank you very much.
11:00:38AM >>CHARLIE MIRANDA: Mr. Suarez?
11:00:40AM >>MIKE SUAREZ: Thank you, chair.
11:00:41AM Ms. Cole -- she disappeared.
11:00:44AM Got behind all these cameras, I can't see you now.
11:00:49AM There you are.
11:00:50AM Hi, Ms. Cole.
11:00:51AM I'm going to follow up a little bit on what Councilwoman
11:00:56AM Montelione said.
11:00:56AM The question she was asking, and this is my question too.
11:01:00AM If it's not labeled and it's just got a package and just
11:01:03AM says something, not any of the ones we already know of, how
11:01:07AM do we actually determine based on the state law to, that we
11:01:13AM can pull it off the shelves?
11:01:15AM You mentioned probable cause and again, that goes into what
11:01:19AM constitutes probable cause for this type of activity.
11:01:22AM If you know, that would be great.
11:01:24AM >> We're addressing this as if we would any other drug that
11:01:27AM was on the street that was illegal.
11:01:30AM Use undercover buyers, send it to Florida department of law
11:01:33AM enforcement for chemical analysis.
11:01:35AM Represent in dialogue during negotiation with the purchase,
11:01:39AM what the intended purpose of it is.
11:01:41AM The new statute gives us a little bit of latitude to where
11:01:44AM it specifically says, if it's a similar compound that's
11:01:48AM desired -- that's intended to cause the same effect from
11:01:51AM smoking, as any of the drugs enumerated, that it's illegal.
11:01:55AM So if the answer to the question is, every time they sell
11:01:58AM it, when they look across the count year, they'd better hope
11:02:01AM it's not law enforcement they're selling it to, because
11:02:05AM they'll go to jail.
11:02:06AM >>MIKE SUAREZ: You mentioned the reaction you got when you
11:02:08AM went in to get the stuff, hey, go ahead and take it away.
11:02:12AM You know, that you had no resist stance.
11:02:14AM There was no hey, wait a minute, you can't take that stuff.
11:02:17AM Did they already know about the law or did they just say,
11:02:20AM well, we kind of know that this stuff is a little bit dicey?
11:02:24AM >> I would call it an obvious consciousness of guilt.
11:02:28AM But with that there was a number of disclaimers there.
11:02:31AM But the people, they had their legal Council that said it's
11:02:34AM not intended to be used for this and I think when we looked
11:02:37AM at it, we did an adequate job gathering the background and
11:02:40AM intelligence where when we went to the attorney general and
11:02:43AM the Florida department of law enforcement for the new
11:02:45AM legislation that we covered all the basis.
11:02:47AM And we have got a real good grasp of what they were
11:02:52AM They're no different than any other drug dealer.
11:02:54AM They don't want it to be known they're selling forth that
11:02:57AM purpose but try to find the way to guise their efforts where
11:02:59AM they can hide behind the label per se when you're talking
11:03:03AM about labeling.
11:03:04AM But if it's distributed for the intent of consumption to
11:03:08AM induce, a mind altering effect as hallucinogenic drug, they
11:03:14AM can be charged with it.
11:03:16AM >>MIKE SUAREZ: One other questions.
11:03:17AM You mentioned in terms of it being a shell game, if there
11:03:20AM are stores out there that are going to take them off the
11:03:22AM shelves and then put them back on, if they get a warning,
11:03:26AM what's the law say?
11:03:27AM Maybe Ms. Cole could answer that I'm not sure in terms, is
11:03:30AM there an escalating punishment for continuing to break the
11:03:35AM rules concerning that?
11:03:36AM >> That was a courtesy with the transition.
11:03:39AM We're giving them the benefit of the doubt based on the fact
11:03:44AM we went back to have these substances enumerated and added.
11:03:48AM But there's not going to be a shell game.
11:03:50AM If they try to hide their activities, they're going to get
11:03:53AM hit with arrest and search warrants like any other drug
11:03:58AM >>MIKE SUAREZ: Is there a timeframe from the time the law
11:04:00AM was put in for.
11:04:01AM Obviously, they were seg things that quote unquote were not
11:04:04AM illegal at the time, is there something in the legislation
11:04:08AM that looks into that?
11:04:10AM >> The problem that we have, I think we talk about
11:04:12AM enforcement, it's already being enforced.
11:04:15AM They lost $150,000 worth of product yesterday.
11:04:18AM I think we look at it, it's relatively simple.
11:04:22AM The benefit of the doubt is not the ones we're going to the
11:04:25AM drug dealers.
11:04:26AM It is to the employees working behind the counters, the ones
11:04:29AM that don't know about it, the ones being manipulated by
11:04:32AM their employers saying, go ahead and sell this, that's all
11:04:35AM That's who the educational process is for.
11:04:37AM It's not for the ones that are marketing it or bringing it
11:04:40AM Part of what we were doing in the intelligence gathering was
11:04:43AM finding out who was shipping it and where it was coming from
11:04:47AM as well.
11:04:47AM That's part two that will come next.
11:04:50AM >>MIKE SUAREZ: Actually I was going to ask you about part
11:04:51AM two in terms of distributors and those people that are
11:04:55AM Obviously, there was a case, I think about a month ago, that
11:04:58AM Hillsborough County sheriff had found a place in the county
11:05:02AM that they were manufacturing some type of chemical for this
11:05:06AM type of distribution.
11:05:06AM Are we -- does the legislation allow us to get those
11:05:16AM distributors if they're found in the City of Tampa.
11:05:18AM >> Yes, if the intent of the drug or the substance they're
11:05:20AM marketing is for consumption by humans, the answer would be
11:05:24AM >>MIKE SUAREZ: Thank you.
11:05:27AM >>CHARLIE MIRANDA: Councilmembers?
11:05:31AM Thank you for the fine report.
11:05:32AM We appreciate your efforts and the total effort of the Tampa
11:05:35AM Police Department, not only this area, but in other areas,
11:05:38AM such as tax fraud, which is just like maybe the tax fraud
11:05:44AM are buying narcotics, I don't know.
11:05:51AM Okay, item number 6 5.
11:06:02AM >> Good morning, Council.
11:06:03AM Jim Shimberg, city attorney.
11:06:05AM I'm here for item number 65, which is the temporary
11:06:09AM ordinance we're suggesting that you consider relating to the
11:06:12AM Republican National Convention.
11:06:13AM As you know, we were here several weeks ago and since that
11:06:17AM time, after listening to the issues raised by Council, we
11:06:21AM have had a series of meetings with different interested
11:06:25AM people as well as Councilmembers.
11:06:27AM And we have made significant changes to the ordinance, which
11:06:30AM is now before you.
11:06:32AM You've already heard from some of the speakers, some of
11:06:35AM those changes are.
11:06:36AM We're here today to ask for your approval on first reading.
11:06:40AM Chief Bennett with TPD is here and he'd like to make a few
11:06:44AM comments initially about the way they would intend to
11:06:47AM utilize this ordinance if it's put into place.
11:06:52AM And then go through specific changes if you'd like.
11:06:56AM >>CHARLIE MIRANDA: Chief?
11:06:57AM >> Good morning Council, good morning Chairman.
11:06:58AM In the process of consulting with legal and developing the
11:07:03AM ordinance for the RNC, a lot of things come to mind.
11:07:06AM Listening to the commentary this morning and throughout the
11:07:09AM last Council session, the one thing that resonates with the
11:07:13AM police department a lot, in development of the ordinance, is
11:07:16AM the fact that you know, when every officer signs up to do
11:07:19AM policing, the first thing they do is take an oath of office
11:07:22AM and the first thing they do is say they're going to defend
11:07:25AM the constitution from top to bottom.
11:07:27AM So that goes without saying.
11:07:28AM It's in our DNA.
11:07:29AM It's in every officer's DNA that's going to come up and try
11:07:33AM to keep the event safe.
11:07:34AM Especially for the people that are, the nonevent-goers, the
11:07:37AM visitors, the citizens of Tampa.
11:07:39AM So our job is to protect free speech and our job to make the
11:07:44AM free speech available to everybody.
11:07:46AM And not just for those that feel that they want to control a
11:07:52AM space possibly.
11:07:53AM And these things and these items in the ordinance have been
11:07:57AM seen in other ordinances and other cities to maybe disallow
11:08:02AM people to have that opportunity for free speech.
11:08:04AM And that's really what we truly are is the defenders of free
11:08:08AM And that's how we intend to use the ordinance, to make sure
11:08:11AM everybody has accessible opportunity for the first amendment
11:08:16AM And that's what we plan to do in supporting the ordinance
11:08:19AM and of course the citizens and the visitors to Tampa,
11:08:22AM especially those that are part of a nonevent areas of Tampa.
11:08:29AM >>CHARLIE MIRANDA: Thank you very much.
11:08:33AM >>JAMES SHIMBERG: We limited any permit fee, we eliminated
11:08:39AM insurance and indemnification requirements.
11:08:40AM We increased the amount of time for permitted parades from
11:08:43AM 60 minutes to 90 minutes, which based on our research and
11:08:47AM discussions with other cities we believe would be more than
11:08:49AM enough time for a group to go through what we hope to be our
11:08:55AM official parade route.
11:08:56AM We have increased the amount of time for permitted public
11:09:00AM gatherings in our city parks from one hour to all day.
11:09:02AM We have reduced the size of what we're now calling the event
11:09:06AM zone -- we -- see -- those are the basic, the main changes.
11:09:16AM We made a couple minor adjustments as well.
11:09:19AM Like I said, we have had a series of meetings and had a lot
11:09:23AM of discussion.
11:09:24AM There's also -- some of you saw the article I sent yesterday
11:09:28AM about some of the things that happened in differ cities
11:09:30AM earlier this week.
11:09:31AM Those are just the examples of some of the things that we're
11:09:33AM trying to make sure that we're ready for in case those
11:09:37AM things happen during the RNC.
11:09:38AM Again, you just heard from chief Bennett.
11:09:40AM We know most of the visitors that are going to be coming
11:09:43AM here not officially with the event, are going to be peaceful
11:09:46AM protesters that will be looking to exercise their first
11:09:49AM amendment rights.
11:09:50AM And we absolutely welcome those people to Tampa.
11:09:53AM But we want to make sure because of what we have seen at
11:09:55AM other events, what we know is the current climate right now
11:09:59AM in our country, that we want to make sure that the extent
11:10:02AM that we have people that are not peaceful, that our police
11:10:05AM will have the tools available and to keep our citizens safe
11:10:08AM and to keep everyone safe.
11:10:10AM And so we're here to answer questions and we would ask that
11:10:13AM you pass this on first reading.
11:10:15AM And then second reading would be a full public hearing like
11:10:18AM your normal process requires.
11:10:21AM >>CHARLIE MIRANDA: Any further question for Councilmembers
11:10:23AM or comments?
11:10:24AM Commissioner Reddick?
11:10:26AM >>FRANK REDDICK: Thank you, Mr. Chair.
11:10:27AM I first want to just compliment the legal department for the
11:10:39AM work you have done from the first chance, I had a chance to
11:10:44AM review the ordinance.
11:10:45AM And to the revisions that you made.
11:10:49AM One of the things I noticed that you did listen to a lot of
11:10:57AM the voices of the people.
11:10:59AM And I'm pleased that the zone, the name of the ordinance has
11:11:05AM been changed to the event zone versus what you had before.
11:11:10AM That should please some people.
11:11:14AM I'm pleased that you shortened it, the area so that it's now
11:11:23AM from I-275 as well as west to the North Boulevard area.
11:11:32AM I'm pleased that you eliminate the Davis Island and Harbor
11:11:37AM And I'm pleased that you extended to 90 minutes.
11:11:41AM Those are significant improvements.
11:11:43AM And when I looked at that, at first I was not pleased with
11:11:47AM the first ordinance that you presented to us for review.
11:11:52AM But I was happy to see that you did take the initiative to
11:11:55AM go back and listen and make some adjustments.
11:11:59AM One of the things you learn in life is that you're not going
11:12:02AM to please everybody.
11:12:05AM And I don't care if you take the ordinance today and go back
11:12:11AM and change it to 120 minutes, somebody still going to want
11:12:18AM So you're not going to please everybody.
11:12:20AM But I think we have made some significant improvement.
11:12:27AM At our last meeting, I did request try to suggest that we
11:12:33AM have a workshop to discuss all the questions in details.
11:12:40AM That didn't go well.
11:12:41AM So we moving on.
11:12:46AM But I do want to say to you that even though we keep getting
11:12:55AM additional questions as we move forward, more and more as we
11:12:59AM sit here today, more and more people coming in and continue
11:13:03AM to express, they still not happy with certain things and
11:13:08AM certain conditions.
11:13:09AM And I understand their concerns and I understand what you're
11:13:17AM working with and what you're trying to accomplish.
11:13:19AM And it's a difficult, very difficult task to undertake.
11:13:24AM And, but I just [disconnect]
11:16:05AM So, just because the letter of the law is broken doesn't
11:16:08AM necessarily mean that you'll yield an arrest.
11:16:11AM Because the situation and sanity checks is going to be put
11:16:14AM on top of everything.
11:16:15AM And the way we're training everybody, the way we're
11:16:18AM de-conflicting and giving information, we have probably
11:16:21AM spent 90% of our time looking for the health and the safety
11:16:25AM outside of the event area.
11:16:27AM Not inside the event area.
11:16:29AM Most of this is going towards making sure people can
11:16:32AM exercise their freedom of speech.
11:16:34AM To have their message heard.
11:16:37AM And be seen.
11:16:37AM All of the energy from the legal department.
11:17:50AM >>FRANK REDDICK: Normally when you feed homeless people, or
11:17:53AM you see people that are coming in here for this convention,
11:17:57AM they will have a problem, be moving about with their own
11:18:02AM personal belongings, bags and those type of things.
11:18:05AM So if a person at Curtis Hixon park, for example, and they
11:18:09AM will congregating at the park and if they put their
11:18:14AM belongings down and walk a few feet somewhere else, would
11:18:19AM their belongings be confiscated?
11:18:21AM Would it be taken away from them and they won't have the
11:18:23AM opportunity to get all that back?
11:18:26AM Will that happen?
11:18:28AM Just in general.
11:18:30AM >> I mean, let's get specific to the belongings.
11:18:33AM Reconciling people with their belongings, no matter what,
11:18:36AM whether it's a medical service or you know, in the case of a
11:18:39AM criminal event, that's parts of our obligation.
11:18:41AM We do that every day.
11:18:42AM We track property and we return property.
11:18:44AM As a matter of fact, we have gone way out of our way to make
11:18:48AM sure we use technology to make sure we reconcile people's
11:18:53AM Things we have never had before, we have built on top of our
11:18:55AM technology platform to make sure that that happens.
11:18:58AM But just in general, I mean, again, that's the sanity check
11:19:01AM and the way we police.
11:19:53AM >>LISA MONTELIONE: This morning with several of the
11:19:55AM speakers, as well as on radio and in articles, on Facebook
11:20:00AM and different blogs that I've been reading, there are
11:20:05AM already threats being made.
11:20:08AM In my opinion, we were threatened here this morning.
11:20:11AM So, at what point, or how can we convey the message that the
11:20:21AM Tampa Police Department is going to address those threats
11:20:28AM while keeping the freedom of speech and the first amendment
11:20:32AM at its core?
11:20:33AM What training have you done -- I mean, our own police
11:20:38AM department, you know, they've come through our training,
11:20:41AM they've gone through our ranks.
11:20:43AM But the others, who are coming here, which someone of the
11:20:47AM reasons I asked for that list of departments.
11:20:50AM >> And it's coming.
11:20:51AM >>LISA MONTELIONE: I appreciate that.
11:20:52AM Is because, especially of late, we have police departments
11:20:59AM who have made headline news.
11:21:03AM Some as close as on the other side of the bay.
11:21:06AM Some in central Florida.
11:21:07AM And I'm concerned that other police officers have not grown
11:21:14AM up, if you will, under the auspices of our training.
11:21:20AM >> Thank you.
11:21:21AM And I'll tell you, Councilwoman, that's a great point and a
11:21:25AM great question to pose, because colonel Duncan, my counter
11:21:30AM part from the sheriff's office, as well as myself, along
11:21:33AM with sheriff geo and sheriff Castor has made that the
11:21:38AM pinnacle of standard, you will get training under our
11:21:40AM system, our philosophies based in Tampa and Hillsborough
11:21:43AM County, as a matter of fact, I was at the training facility
11:21:46AM at 7:00 this morning talking to a group of different
11:21:48AM agencies that are sharing space with us, to make sure that
11:21:52AM they understand the philosophy and how we operate in Tampa.
11:21:55AM So no matter where you come from, and I have to resort back
11:21:58AM to what I said earlier, everybody takes an oath that wears a
11:22:06AM But they're style.
11:22:08AM And that style is going to be the way we do things in Tampa
11:22:10AM and Hillsborough County and we are applying the training and
11:22:16AM philosophy, not only internally, but bringing external
11:22:20AM resources to help understand the media protocol and more
11:22:23AM first amendment, understanding and awareness, to make sure
11:22:26AM that we're as sensitized as possible.
11:22:28AM And again, the continuum of freedom of speech and first
11:22:33AM amendment philosophy, all the way to the point of criminal
11:22:37AM activity is going to be embraced.
11:22:38AM And that's the way we're going to police the city.
11:22:41AM And shall who wears the uniform comes here will understand
11:22:43AM that pledge.
11:22:45AM >>LISA MONTELIONE: Is there a process of vetting the actual
11:22:47AM officers that will be here?
11:22:49AM I know when any of us attend a high security event, we have
11:22:55AM had to provide our Social Security numbers, our backgrounds
11:22:59AM are checked.
11:22:59AM I mean, even though we're public servants, they still vet
11:23:02AM each and every one of us.
11:23:05AM >> There is, you know, they're an event operational security
11:23:08AM component to this, with credentialing.
11:23:10AM We rely on the agencies -- as a matter of fact, let me just
11:23:13AM focus on one functional role.
11:23:16AM The bike officers, you've seen the media story.
11:23:18AM To make sure those officers are moving around, not only to
11:23:22AM give general patrol, but make sure if somebody is suffering
11:23:25AM from heat related trees, they're the eyes and ears to get
11:23:30AM the fire department.
11:23:32AM They come with a community policing background that go with
11:23:35AM bike patrol.
11:23:36AM So we are relying on the agencies to bring in our ideals to
11:23:40AM And then of course we lane on top of that.
11:23:45AM >>LISA MONTELIONE: I'm sorry to interrupt.
11:23:46AM But it's not the training -- vetting.
11:23:50AM >> Well, that's part of the vetting process.
11:23:52AM >>LISA MONTELIONE: The individuals, the officers coming here
11:23:54AM are going to have clean records, they're not going to have
11:23:58AM been written up by internal affairs for behavior unbecoming
11:24:04AM an officer, so to speak.
11:24:06AM >> That's part of the vetting process.
11:24:07AM When we ask each agency to supply a list of names, they come
11:24:11AM with a, you know, a vitae or internal resume that's brought
11:24:20AM When the sheriff's office recruited from fellow agencies and
11:24:22AM from association of chiefs of police, has helped recruit
11:24:26AM officers, those are the ones that come, that have those kind
11:24:30AM of backgrounds.
11:24:31AM >>LISA MONTELIONE: Thank you very much.
11:24:31AM That answers that question.
11:24:33AM Another question for you, is, can you state for the record
11:24:36AM what the TPD policy is for employing the tear gas or other
11:24:43AM noxious substances?
11:24:46AM >> Well, as far as the force continuum, the policy on force
11:24:52AM in the police department already exists.
11:24:54AM And of course, you know, the challenge there is when all the
11:24:57AM other agencies come together, we actually coauthor a policy
11:25:04AM that brings all agencies together under one philosophy.
11:25:08AM So, you know, there's what's legally reasonable in a
11:25:12AM situation like that.
11:25:13AM And then there's what we put our own philosophy on over and
11:25:17AM above that.
11:25:18AM So, any agency can have a threshold of force, which you
11:25:22AM know, a chemical agent can be part of that continuum.
11:25:25AM And essentially it can be higher because of the way we do
11:25:30AM So, the circumstances and policy to use your intents is
11:25:35AM based on the criminal behavior that's on the other side of a
11:25:39AM And you know, for example, right now the only time that
11:25:42AM that's been deployed in my career has been on a focused
11:25:46AM tactical barricaded situation, where somebody on the inside
11:25:50AM is a threat to hostages or other situations in a tactical
11:25:55AM And we have to use an extrication.
11:25:57AM We don't want to use deadly force, so we use a lower force,
11:26:04AM a chemical irritant.
11:26:05AM But it's been a very specific situation.
11:26:08AM So to sit here and quote a policy, that's going to be under
11:26:11AM development and subject to review, use like any other thing
11:26:14AM we do inside this.
11:26:15AM But until that MLU is complete, which is the memorandum of
11:26:19AM understanding between the agencies, and everybody sits down
11:26:22AM and that's why the sheriff's office and the police
11:26:24AM department, who have written, cowritten most every high
11:26:29AM liability policy that exists in Hillsborough County and the
11:26:31AM City of Tampa does just that.
11:26:33AM All that is based on state protocol and national protocol
11:26:36AM inside the industry of law enforce.
11:26:39AM So all of that vetting process is going to occur for
11:26:42AM everything on a force continuum.
11:26:45AM Just like it does every day.
11:26:48AM >>LISA MONTELIONE: Thank you.
11:26:48AM The other questions I have are going to be for Mr. Shimberg.
11:26:52AM Thank you.
11:26:52AM There are a few and your office, Mauricio and Rebecca have
11:27:01AM been so patient with me, because I've asked probably
11:27:05AM hundreds of questions since we were first given the
11:27:10AM And they've been very responsive, almost all of the requests
11:27:15AM that I've made have been included in the draft forum, so
11:27:19AM thank you for that.
11:27:21AM And thank you for taking my calls late at night.
11:27:24AM The areas that I still have some consternation about is, and
11:27:32AM something that Mr. Pheneger actually mentioned, I liked his
11:27:37AM idea about having the groups determine how much time they
11:27:40AM may need in the permit application so that when they're
11:27:45AM applying for the permit, they could estimate well, you know,
11:27:48AM 90 minutes, 120, as Councilman Reddick said, 160, whatever
11:27:56AM the number is.
11:27:58AM >> Let me have Mauricio Rodriguez describe why we decided to
11:28:02AM go with this all day process, based on what he learned from
11:28:07AM other cities.
11:28:09AM It's going to be up to you guys.
11:28:10AM >> Good morning, Council.
11:28:11AM Mauricio Rodriguez with the legal department.
11:28:14AM To answer your question, Councilwoman, the reason we chose
11:28:18AM to go with the all day permit, there are several reasons.
11:28:21AM First reason was, we don't want to create flash points with
11:28:25AM TPD and protesters every hour, every three or four hours,
11:28:30AM because we would create scenario where if you get a group in
11:28:33AM the park that refuses to leave at the time of the permit,
11:28:37AM and there's another group coming in, TPD would have to go in
11:28:41AM and remove them in different ways.
11:28:43AM And the second reason is, the permits are nonexclusive.
11:28:48AM Which means even though there is a permitted event in the
11:28:50AM park going on, other groups can still access the park and
11:28:55AM utilize the park.
11:28:56AM And the reason the having the permit, any group that comes
11:29:02AM into the park, they cannot disrupt the permitted even that's
11:29:05AM going on at that time.
11:29:06AM You could counter protest, but you can't counter protest to
11:29:10AM the point where you're disrupting that permitted event.
11:29:14AM So that's kind of rational why we went to the audit permit
11:29:20AM to the 60 minute.
11:29:22AM >>LISA MONTELIONE: Thank you.
11:29:23AM I stated yesterday there was a news service, be careful what
11:29:26AM you asked for.
11:29:27AM Because when we eliminated the time limits and gave the all
11:29:30AM day, in my opinion, it stifles other voices because you're
11:29:34AM having one voice, one group in the park for the entire day,
11:29:40AM at the detriment of others.
11:29:42AM And I think that counter protesters that show up, it's going
11:29:46AM to be messy to say the least.
11:29:48AM I would like to clarify some information for the record, is
11:29:54AM that I heard, you know, the, a lot of discussion about the
11:29:58AM individual materials that we'd be banning from the event
11:30:02AM And from some of the viewing areas.
11:30:05AM One of the things that sticks with me is umbrellas.
11:30:08AM And in the ordinance, it specifically states metal-tipped
11:30:16AM So that you would be allowed to bring other types of shade
11:30:19AM for yourself as long as they're not metal-tipped umbrellas.
11:30:24AM So I think that we need to maybe put out some sort of flier,
11:30:31AM hand out, post on our web site, Facebook, those kinds of
11:30:38AM The clarity, with clarity, what can and cannot be taken into
11:30:43AM the event zone, because many people tend to generalize.
11:30:47AM And I hear all the time people saying well, you know, I need
11:30:52AM the umbrella for shade and I can't take an umbrella, it's
11:30:55AM going to rain, I can't take an umbrella.
11:30:57AM No, you can.
11:30:58AM So I would like -- is there any plan to put out some sort of
11:31:02AM media piece?
11:31:04AM >> Absolutely.
11:31:05AM And Chief Castor has had this idea all along.
11:31:08AM Once you the ordinance is adopted and effective and some of
11:31:13AM the park issues are clarified Mr. Terms of which ones are
11:31:17AM going to be available, the parade route's finalized, there's
11:31:20AM going to be absolutely materials that are going to be made
11:31:22AM available, whether it's going to be brochures on the city
11:31:26AM web site, all the different avenues that you talked about.
11:31:28AM We have even had groups that have volunteered to maybe help
11:31:31AM us and I would hop the ACLU might help as well.
11:31:35AM I've met with so many, I've lost rack.
11:31:37AM Other people have volunteered to help us get that word out,
11:31:40AM besides all the social media and hard copies.
11:31:43AM So we would hope to have something to hand to everybody
11:31:45AM saying here's what you can do, here's where you can go,
11:31:50AM layers where you can't go.
11:31:51AM So there would be less confusion.
11:31:53AM Absolutely, that's going to happen and we will work hard
11:31:55AM with the city's communication staff, TPD and others to put
11:31:58AM together something that is very clear and understandable,
11:32:01AM once the rules are set.
11:32:03AM >>LISA MONTELIONE: Okay.
11:32:04AM A detail as well that I discussed with Mr. Rodriguez, and
11:32:10AM Ms. Cote was the permits for assembly, we state that had
11:32:17AM will be that lottery system.
11:32:20AM But events outside the event zone would have to comply with
11:32:23AM our current code.
11:32:24AM And we all know our current codes are messy and under review
11:32:29AM and looked to being changed thanks to Councilwoman Capin.
11:32:34AM And looking at special events having a streamline permitting
11:32:37AM But we're not there yet.
11:32:38AM So, I had requested that any request to use a park in the
11:32:44AM city, inside or outside the event zone, would undergo the
11:32:50AM same process.
11:32:51AM And I think that would just be easier.
11:32:53AM People would be able to have one process, it applies during
11:32:57AM those four days of the RNC.
11:32:59AM And not being, you know, do -- is it this process?
11:33:04AM Is it that process?
11:33:05AM Is that something we can change between first and second
11:33:11AM >> Obviously, that's something that we can do.
11:33:13AM I think one of the concerns was that if we have too many
11:33:17AM parks included in the lottery, that it could become pretty
11:33:21AM confusing, if you add every park in the city.
11:33:24AM But we're committed to an expedite process.
11:33:27AM If you want to make a change to this draft, to make it
11:33:31AM easier to permit other parks, that's fine with us.
11:33:34AM >>LISA MONTELIONE: I think it would just be clearer.
11:33:36AM If you want to use a park during the RNC, this is the
11:33:40AM And have one process apply all over.
11:33:44AM Those are all my questions.
11:33:45AM I just want to make, you know, a statement that regarding
11:33:50AM some of the speakers who spoke this morning and some of the
11:33:53AM things that I've heard, we all say we are expecting peaceful
11:34:02AM And the individuals that come here to speak are speaking
11:34:06AM from the point of view that they will be here to peacefully
11:34:11AM And exercise their first amendment right.
11:34:14AM It is those who are not in the room to address this body and
11:34:18AM express concerns that we're worried about.
11:34:21AM And these ordinances and these regulations are to address
11:34:27AM those that we are trying to regulate their behavior.
11:34:34AM Not necessarily the ones that are in the room today, because
11:34:37AM I know some of you personally.
11:34:40AM And I've been out had with you on occasion.
11:34:45AM But it's those who are coming to really cause some of the
11:34:49AM destruction that we're attempting to regulate their future
11:34:54AM And that was a word or phrase that was used, how can we
11:34:59AM institute regulations based on what someone might do?
11:35:04AM Well, we do that all the time.
11:35:06AM We have speeding regulations.
11:35:07AM We don't, if you buy a fast sports car, we're not regulating
11:35:12AM your intent to use that sports car to do 120 miles an hour,
11:35:17AM but if you do, we have the regulation preventing you, from
11:35:21AM hurting someone by doing that.
11:35:22AM So, most all of the regulations woe already have regulate
11:35:26AM future behavior.
11:35:27AM And I really want to express that all of us live in a
11:35:34AM different world than we did even five years ago.
11:35:38AM Four years ago.
11:35:39AM So, thank you pour your time and I appreciate your
11:35:45AM >>CHARLIE MIRANDA: Mr. Suarez?
11:35:46AM >>MIKE SUAREZ: Thank you, chair.
11:35:47AM Mr.-- I guess it would be either Shimberg or Mauricio.
11:35:54AM Just a quick question.
11:35:56AM You know, couple things that I was looking at is, where you
11:36:01AM have no permit required, 49 or fewer people who gather in a
11:36:05AM Any particular reason why that number versus 25?
11:36:11AM >> That's the number we have in our existing code.
11:36:17AM >>MIKE SUAREZ: So we just kept it that way.
11:36:19AM No reason in terms of easier for crowd control or anything
11:36:22AM like that?
11:36:22AM You could have one or two police officers?
11:36:25AM >> Well, we have relaxed a lot of the rules and thresholds.
11:36:28AM But that number has been the same.
11:36:31AM If you have 49 or less people, you didn't have to have a
11:36:34AM permit and you had over average.
11:36:36AM Really more of a planning as well for our resources, soy we
11:36:39AM have an idea where people are going to be and what kind of
11:36:42AM services we need to provide around there.
11:36:45AM >>MIKE SUAREZ: I'm going to ask a question, I don't think
11:36:47AM I've asked before and I apologize if I have not.
11:36:50AM In terms of, there's no indemnification required, no
11:36:53AM insurance required for those folks that come out here, which
11:36:56AM I understand why there's a lot of reasons for that.
11:36:59AM Does the RNC, as part of that their contractual relationship
11:37:05AM with us, provide any indemnification to the city because we
11:37:12AM are allowing this event to go on and what are the
11:37:14AM limitations of that, if you know it?
11:37:18AM >> The agreement with the host committee provides for
11:37:22AM insurance, but that really has to do with facilities --
11:37:26AM >>CHARLIE MIRANDA: Speak up louder please.
11:37:27AM >> Facilities they're renting from the city, which is
11:37:30AM primarily the convention center and other parks and other
11:37:34AM But I know that the city is working on some other insurance
11:37:37AM policies that Mr. Had percentage, risk Mr. La perch is
11:37:45AM working on.
11:37:46AM I know that's in the works.
11:37:49AM >>MIKE SUAREZ: I want to thank both of you for coming back
11:37:51AM to us after we talked -- all of us on this Council, have
11:37:54AM talked to you about lots of different points concerning
11:37:58AM I think that you've cleaned it up as best you can.
11:38:01AM I think that looking at Denver as an example, if I'm not
11:38:04AM mistaken, Denver was a very smooth running convention site.
11:38:09AM And had very few, if any, arrests.
11:38:12AM Very few, if any, disturbs as opposed to what happened in
11:38:18AM And I really appreciate the fact that you guys have actually
11:38:21AM looked at some of the suggestions that we all have made.
11:38:24AM I'm going to make a statement concerning some haven't
11:38:26AM comments that were made here today and have been made in the
11:38:30AM All of us here, I think all of us, and I will speak for all
11:38:34AM of us, I hope I won't offend anyone on our Council.
11:38:37AM Take your words and your concerns seriously.
11:38:43AM Many people have made comments to me privately outside of
11:38:47AM this chamber, and in other places that the people that are
11:38:50AM going to protest some way don't deserve to protest.
11:38:53AM Or that they need a job or they fill a lot of different
11:39:02AM adjectives out.
11:39:04AM But on the other hand, we have people coming here today that
11:39:07AM are saying the police, they have to be protected against the
11:39:10AM I think both assessments are unfair.
11:39:13AM I think that one of the things that makes democracy great is
11:39:16AM that we can disagree and we can make statements about our
11:39:20AM political players, the people that are elected officials
11:39:26AM without any kind of retribution by the government itself.
11:39:29AM I've traveled to other countries, other places in the world,
11:39:33AM and I've been actually camera was taken away from me or
11:39:35AM about to be taken away from me because I was taking a
11:39:38AM picture of a building.
11:39:39AM That was a place in Europe, it was no it a third world
11:39:43AM Now again, we do not have those kind of Draconian methods
11:39:48AM The essence of all the discussion we have had, all the
11:39:50AM people that have come here, some have come every week
11:39:53AM discussing these issues, I think is a testament, not only to
11:39:56AM the United States but a testament to us here at the city and
11:40:00AM to the state of Florida.
11:40:01AM There are lots of things that are going to be messy.
11:40:04AM Democracy is messy.
11:40:05AM Winston Churchill said that democracy is the worst system in
11:40:09AM the world except for all the others.
11:40:11AM And I belief that.
11:40:12AM I think that we have a duty to serve the people and that
11:40:16AM means that sometimes you're going to disagree with us.
11:40:19AM We have to balance different interests.
11:40:21AM We cannot be advocates or activists from this chair.
11:40:25AM We want to make sure that everyone that shows up to this
11:40:29AM convention is safe.
11:40:30AM Everyone that is here to attend the convention, everyone
11:40:33AM here that's, here to protest the convention, and everyone
11:40:37AM that lives in the City of Tampa feel safe and secure that
11:40:41AM they can go to their jobs.
11:40:42AM They can pick up their kids from school.
11:40:44AM They can go about their business without a disturbance in
11:40:48AM their lives.
11:40:49AM It's not going to be easy and we're all going to have to
11:40:52AM pull together on this.
11:40:53AM The only suggestion I have, and I'll say this to both
11:40:56AM protesters and the folks that work on the police force, is
11:41:01AM that restraint is very important, on both sides.
11:41:03AM I think that if something happens, chief Bennett, Chief
11:41:06AM Castor, the rest of the police department are going to be
11:41:08AM held accountable.
11:41:10AM This is not Oakland.
11:41:11AM This is not New York.
11:41:12AM This is not Minneapolis.
11:41:13AM This is Tampa.
11:41:15AM And we have to remember that.
11:41:16AM Whenever we talk about other movements in other parts of the
11:41:21AM country, we're different.
11:41:22AM We have not had traditionally both in terms of civil rights
11:41:25AM movement and other disturbances here in the state of
11:41:29AM Florida, had the kind of police disturbances and police
11:41:34AM produce talent you've seen over the course of 50 years.
11:41:36AM And whenever people come up here and tell us that we need to
11:41:39AM protect ourselves from police, I think that people need to
11:41:42AM have some historic perspective on what that truly means.
11:41:46AM When we talk about Martin Luther King civil rights and some
11:41:50AM of the antiwar protests of the '60s that is not what has
11:41:57AM happened here in Tampa.
11:41:58AM Not traditionally and I don't see that happening this year.
11:42:01AM I want to thank everyone that Will be coming up here.
11:42:04AM I will be supporting this ordinance.
11:42:05AM I think it is a tough job for both the police and the
11:42:08AM administration to come up with something that is going to be
11:42:12AM They will be held -- their feet to the fire about this.
11:42:17AM And I want to thank the administration, I want to thank the
11:42:20AM people that are here and thank everyone else on the Council
11:42:23AM for giving me time to speak, thank you.
11:42:25AM >>CHARLIE MIRANDA: Mr. Cohen, then Ms. Capin.
11:42:28AM >>HARRY COHEN: Thank you very much, Mr. Chair.
11:42:29AM Mr. Suarez's comments I think are a good segway into mine.
11:42:33AM And I will try to be somewhat brief.
11:42:37AM I have been very proud of the conversation that has occurred
11:42:42AM in this community over the course of the past two months or
11:42:47AM I was particularly impressed at a forum where some of us
11:42:52AM were present to have our city attorney and our elected
11:42:56AM public defender taking questions from our local head of the
11:42:59AM of ACLU in front of an audience that included people in the
11:43:02AM press and people in the public who are interested in
11:43:06AM discussing these issues.
11:43:08AM I think the mayor and the city attorney and the chief of
11:43:11AM police and all of our law enforcement and public safety
11:43:14AM officials have done an excellent job in bringing forth an
11:43:20AM ordinance that is put forth in good faith to address some of
11:43:26AM the challenges that we're going to confront at this
11:43:29AM once-in-a-lifetime event that's going to occur in our city
11:43:33AM this August.
11:43:34AM The discussion that we have been having is as old as the
11:43:38AM republic itself.
11:43:40AM And it is basically about the challenge of balancing the
11:43:45AM right to freedom versus the right to order.
11:43:48AM And as we examine our first amendment, our second amendment,
11:43:54AM really everything that's contained in the Bill of Rights,
11:43:58AM what we see if we go back and we look at the way Supreme
11:44:00AM Court has interpreted these rights, a they are not absolute.
11:44:04AM They exist within an African-American work where governments
11:44:09AM like ours are permitted to put reasonable time, place and
11:44:14AM manner restrictions on speech, on expression, and on all of
11:44:19AM the things that we hold so dear.
11:44:23AM The reason we put those restrictions is not to curtail those
11:44:26AM activities, but to protect them and to make sure that while
11:44:31AM every voice is heard, the right of the general public to
11:44:34AM safety is respected.
11:44:35AM I'm looking forward to seeing a very, very robust discussion
11:44:40AM of the issues facing this country had summer here in Tampa.
11:44:44AM I think it's going to be marvelous to watch the Republicans
11:44:47AM come together and nominate their candidate and to have
11:44:50AM people peacefully protesting in the streets, calling into
11:44:53AM question some of the policies that they're advocating.
11:44:56AM But unfortunately, we have seen that outside of that, there
11:45:00AM are going to be groups a are going to be intent on
11:45:04AM disrupting these events.
11:45:05AM I was watching one of the national news broadcasts on
11:45:08AM Tuesday night, and had was news of an indictment in Chicago
11:45:12AM against a group of people who were planning to blow up
11:45:15AM various different installations throughout the country and
11:45:18AM they specifically mentioned the NATO summit in Seattle or
11:45:22AM Chicago, I'm not sure which it is.
11:45:24AM And also the Republican convention in Tampa.
11:45:26AM And I mention this because these are not fantasies.
11:45:30AM These are real concerns that our mayor and our law
11:45:33AM enforcement are going to have to worry about when they run
11:45:38AM the city during this convention.
11:45:40AM So, it's for that reason that I'm very comfortable
11:45:43AM supporting this ordinance, both in spirit and in a lot of
11:45:47AM the details that it laid out, because I think it does a
11:45:50AM really good job of balancing the interests that really
11:45:55AM intersect between freedom and order.
11:45:57AM I have Lee specific items that I would just like to very
11:46:02AM briefly address regarding the ordinance itself.
11:46:05AM The first regards Harbor Island.
11:46:08AM I was also pleased to see harbor and Davis Island taken off
11:46:13AM of the original, the original proposal.
11:46:16AM But I think that it would probably be helpful to revisit the
11:46:20AM issue of the first three or four blocks of Harbor Island
11:46:23AM that exist outside of the public gate -- excuse me, the
11:46:27AM private gate that separates most of the island from that
11:46:32AM original three block area that includes some hotels and
11:46:36AM particularly a public esplanade and gathering space.
11:46:40AM Because it's in walking distance of the convention itself, I
11:46:43AM would suggest that that piece of Harbor Island be continued
11:46:46AM to be included in the event zone.
11:46:48AM And I mentioned that to staff and they might have a map
11:46:55AM available that shows that change.
11:46:56AM My second point, however, relates to the size of the overall
11:47:01AM event zone.
11:47:03AM While I think that what's been proposed is adequate and
11:47:08AM acceptable, and I am prepared to support it, I would suggest
11:47:12AM to the police department and everyone else that's going to
11:47:16AM Constructing the security plans, that if it becomes
11:47:19AM reasonable to contract the size of that zone, I believe that
11:47:24AM that could be done within the existing ordinance.
11:47:27AM To me, what we're passing is the outside limit on what the
11:47:31AM event zone could be, if the city determined that they wanted
11:47:34AM to make it smaller, it seems to me they would have the power
11:47:37AM to do that under what we are proposing today.
11:47:40AM And then my final plea really to everyone is that once we
11:47:45AM get beyond the discussion of security, that we make a very
11:47:51AM concerted effort to have a public education awareness
11:47:55AM campaign regarding the heat during the last week of August.
11:47:58AM I went to an outdoor concert this weekend and was outside
11:48:02AM for about three to four hours in the sun.
11:48:05AM I was wearing a hat.
11:48:06AM I had sunscreen on and I had water.
11:48:08AM And I am tell you, it was absolutely miserable.
11:48:12AM I believe that given the time of the year, given the weather
11:48:16AM patterns then, we really need to explain to people that are
11:48:20AM coming here from other places that you cannot be outside
11:48:23AM without adequate safeguards and precautions for any
11:48:26AM significant period of time or you're going to get sick.
11:48:31AM I think we have an obligation to explain that to the public.
11:48:34AM So in closing, I want to thank again the legal staff and
11:48:37AM everyone on the city staff for all of their cooperation and
11:48:41AM answering a lot of the questions about this.
11:48:43AM I'd like to encourage my fellow Councilmembers to support
11:48:46AM the tweak regarding Harbor Island because I really do think
11:48:49AM that public part of it is part of the event zone around the
11:48:53AM convention area.
11:48:54AM And I will be voting in support of the ordinance today.
11:48:58AM >>CHARLIE MIRANDA: Ms. Capin is next.
11:49:00AM >>YVONNE CAPIN: Thank you, Mr. Chair.
11:49:03AM We have the viewing area is open 24 hours a day for four
11:49:16AM days, correct?
11:49:17AM Just a few questions.
11:49:22AM >> Yes, that's correct.
11:49:23AM The public viewing area will be open 24 hours a day for all
11:49:27AM four days.
11:49:28AM >>YVONNE CAPIN: Do we have a date from the RNC when they
11:49:31AM will release the parks from their contract, the contract
11:49:36AM that they have first dibs on the park?
11:49:40AM >> The contract currently contemplates June.
11:49:43AM But in working with the RNC and the seal way, to address the
11:49:49AM park's concern and we would like to publicize our list of
11:49:52AM parks as soon as possible.
11:49:54AM They have agreed to release them, hopefully either at the
11:49:56AM end of this week or early next week, with a letter.
11:50:00AM >>YVONNE CAPIN: Excellent.
11:50:00AM And the parade route we have from 9:00 a.m. to 3:00 p.m. and
11:50:06AM 6:00 p.m. to 10:00 p.m.
11:50:09AM >> That's the current plan right now.
11:50:11AM But as we work on finalizing our parade route, we may tweak
11:50:15AM the hours to either extend it or shorten the duration.
11:50:20AM >>YVONNE CAPIN: Does that allow for approximately 40
11:50:23AM >> Right.
11:50:23AM >>YVONNE CAPIN: Okay.
11:50:24AM The last thing I want to talk about is, you know, words have
11:50:31AM And rather than call them protesters, demonstrators,
11:50:36AM everyone coming to the city is our guest.
11:50:39AM Just like when they come from for the Super Bowl and they
11:50:42AM don't have tickets to the Super Bowl.
11:50:45AM We treat them as guests.
11:50:46AM And we need to treat everyone as our guests.
11:50:49AM We need to look at possibly a hospitality area.
11:50:54AM And one of the things we can do is greet our guests as our
11:51:00AM We may even offer cups of water as they come into the public
11:51:05AM Paper cups of course.
11:51:08AM And then some shade.
11:51:11AM You know, some of the heat index at 94°, with 80° humidity,
11:51:17AM it's 124 heat index.
11:51:19AM It is extremely hot that time of year.
11:51:22AM Of course, some of the people coming will not enjoy our
11:51:28AM welcoming stance and for that, we will let them know that if
11:51:38AM they do not follow our rules, there are rules to be
11:51:44AM I understand that what we are doing here, we are giving
11:51:47AM notice, this is notice, our ordinance is notice of the rules
11:51:52AM that will be in place, which is the first part of the legal
11:51:56AM for people to understand what the rules are.
11:51:59AM So this is notice of our rules.
11:52:02AM And again, I want to -- that was one of the things, I would
11:52:08AM very much like to see water stations for our guests.
11:52:12AM And I'd also like to comment on something that I brought up
11:52:17AM maybe in October.
11:52:18AM Possible parking garage for sleeping.
11:52:46AM And the reason that that would protect people from inclement
11:52:50AM weather, it would also be a secure location.
11:52:52AM And it would help law enforcement know, instead of people
11:52:56AM being scattered all over city, this would be a better way of
11:53:03AM knowing where all our guests are staying, or helping our
11:53:09AM >> Good morning.
11:53:09AM As far as designating an area, I think you heard legal talk
11:53:15AM about earlier when we were talking about extending the
11:53:17AM parks, it comes down to services.
11:53:19AM And it's one thing a, to make sure we can supply adequate
11:53:26AM services of space.
11:53:27AM Sometimes, even me, I don't want law enforcement there until
11:53:30AM they're needed.
11:53:30AM And we have seen situations historically, Mott necessarily
11:53:34AM in Tampa, because we haven't faced it, but other areas that
11:53:37AM have designated spots and there's been serious criminal
11:53:41AM activity occurred inside that framework.
11:53:43AM We just have to make sure that as we vet through everything,
11:53:46AM all sorts of space, that we can properly service it.
11:53:49AM We have heard two comments about the heat, which I can tell
11:53:51AM you is top priority in the public safety arena right now.
11:53:55AM And that goes back to those humanity type services that go
11:53:58AM along with that.
11:53:59AM So it's duly noted on our side.
11:54:02AM We are still, about 90% of our energy is going towards the
11:54:05AM people that are not inside the event.
11:54:07AM And trying to make sure that everybody is safe and healthy.
11:54:10AM So it's on our list.
11:54:12AM We have to make sure we have the ability to supply services.
11:54:15AM >>YVONNE CAPIN: I would make clear that I would never
11:54:17AM support tents.
11:54:18AM I would never support the tents.
11:54:20AM Too much criminal activity can take place.
11:54:23AM But, open area, sleeping bags, that kind of thing might be
11:54:28AM something that we can look at.
11:54:31AM And I think we have had a workshop here today.
11:54:35AM So thank you so much for your time.
11:54:37AM And I will be supporting.
11:54:40AM >>CHARLIE MIRANDA: Any other Councilmember who has not
11:54:43AM Ms. Mulhern.
11:54:44AM Then let me say.
11:54:46AM It's 11:50.
11:54:47AM We have to be somewhere at noon, so we're going to stop in
11:54:50AM five or six minutes.
11:54:51AM >>MARY MULHERN: Thank you, Mr. Chairman.
11:54:53AM I want to thank legal and TPD and the ACLU and all the
11:55:05AM citizens who have been working on this.
11:55:07AM I've been really encouraged by the legal department's
11:55:12AM working with us on this evolving ordinance.
11:55:15AM So, I'm hoping that it can continue to evolve.
11:55:20AM It sounds like it's going to pass today.
11:55:22AM And I can only support that if I believe that we can still
11:55:30AM make some, I think some substantial changes to it.
11:55:35AM So Mr. Shimberg, maybe, or Mr. Rodriguez, some questions for
11:55:41AM Most of my colleagues covered a lot of may questions, but
11:55:46AM one of the things that was, has been brought up by Mr. Rhode
11:55:52AM over the past six months and which I had the opportunity of
11:55:57AM meeting with him and having him really outline this question
11:56:01AM for me and I think it's a very valid question, in that in
11:56:05AM the ordinance, you know, at the end of the title of the
11:56:09AM ordinance, we repeal all ordinances in conflict.
11:56:13AM So, this temporary ordinance will have some conflicting
11:56:20AM language with our existing ordinance.
11:56:22AM So specifically I think it's section 8 -- it's the sidewalk
11:56:31AM And this has to do with -- what I'm really encouraged is
11:56:36AM that the notice that we are going to give the public notice
11:56:39AM to what activities are prohibited and what are, what are
11:56:45AM going to be allowed.
11:56:46AM So his question had to do with our current code -- now I
11:56:50AM can't find it.
11:56:51AM Here it is.
11:56:51AM It's section 8, possession of obstruction devices
11:56:58AM prohibited, placing objects in the right-of-way.
11:57:01AM He referred me to two parts of our existing code, 14.41,
11:57:07AM which has to do with obstructing sidewalks and 22.8,
11:57:11AM placement of items on sidewalks.
11:57:13AM So I think that had -- you know, it's not very clear here
11:57:23AM what exactly is grounds for being arrested or being in
11:57:29AM So, I'd like to see that clarified.
11:57:33AM And to me, it makes more sense to clarify it in our code of
11:57:39AM ordinances and refer to it.
11:57:41AM Or not even include it in here, than it does to, you know,
11:57:46AM put something in there temporarily.
11:57:48AM But if it's going to be in there temporarily, I think it
11:57:51AM needs to be a little more clear.
11:57:54AM And then the general question is, what does that mean when
11:57:59AM you -- when we have a temporary ordinance for four days?
11:58:02AM So anything in conflict, the temporary ordinance takes
11:58:07AM >> During that time that it's in effect, this would control.
11:58:12AM >>MARY MULHERN: So I'd like to see, have some discussion
11:58:14AM with you and see if we can clear that up.
11:58:18AM >> Absolutely.
11:58:19AM We'll contact your office and we'll meet with you.
11:58:22AM >>MARY MULHERN: Okay.
11:58:22AM Then, you know, I agree with Mr. Cohen, I'd lake to point
11:58:32AM out, our public defender when asked about this whole event
11:58:36AM zone concept said, it needs to be a small -- as small and
11:58:44AM contiguous as possible.
11:58:45AM So I think it needs to shrink more, and unlike Councilman
11:58:51AM Cohen, I'm not comfortable with approving a bigger area
11:58:53AM hoping it will shrink.
11:58:56AM I'm not sure what the answer to that is.
11:59:00AM If you, you know, can entertain at least discuss the
11:59:07AM possibility of making it smaller, you know, it does make
11:59:11AM sense that Harbor Island is adjacent.
11:59:18AM So you add a few blocks.
11:59:20AM But to me it doesn't make sense that you go beyond the
11:59:24AM Hillsborough river and you go all the way down Bayshore to
11:59:26AM Bay to Bay, doesn't make sense to me.
11:59:31AM I -- no.
11:59:33AM Oh, Boulevard.
11:59:37AM >> It included across the river University of Tampa and
11:59:41AM several parks are over had.
11:59:42AM That's why we included that area west of the Hillsborough
11:59:46AM But other than that --
11:59:48AM >>MARY MULHERN: But it goes south along the bay.
11:59:50AM All the way to Bay to Bay I thought.
11:59:54AM >> No, no.
11:59:56AM >>MARY MULHERN: What is this down here?
12:00:02PM It goes all the way south down here.
12:00:06PM All right.
12:00:07PM So that has shrunk.
12:00:09PM I don't understand and agree with Mr. Pheneger that we
12:00:18PM shouldn't be prohibiting masks at all.
12:00:24PM What we do know from experience is that the innocent
12:00:30PM bystanders, when the police forces have used gas, you know,
12:00:38PM irritants, are subject to that.
12:00:41PM And I think that by banning -- you're banning bringing in
12:00:48PM toxic irritants by the public, so if you can ban that, you
12:00:55PM shouldn't need to ban the masks.
12:00:57PM So I can't support that.
12:01:00PM And I want to continue to talk about that.
12:01:02PM Are there still citywide restrictions added to this?
12:01:11PM >> Yes, with intent.
12:01:12PM So it's a little different, different outside, citywide is a
12:01:16PM little different from inside the zone.
12:01:18PM So would be a different standard.
12:01:20PM >>MARY MULHERN: And then, here's my question.
12:01:22PM This has to do with the whole zone thing too.
12:01:25PM What is the capacity, going to be the capacity of the Secret
12:01:35PM Service's designated zone?
12:01:37PM >> They haven't announced officially their area.
12:01:40PM Based on bomb blast tests and other things.
12:01:43PM So they'll be announcing at some point.
12:01:45PM >>MARY MULHERN: Don't we know approximately how many people
12:01:47PM are going to be accommodated in that area?
12:01:51PM >> In their area?
12:01:52PM Inside that area, my understanding would only be people that
12:01:56PM would have official credentials to go to the convention or
12:02:00PM credentialed media or people that worked in that area.
12:02:03PM >>MARY MULHERN: Don't they set an exterior zone?
12:02:05PM >> I'm sorry, Mr. Chair, it's 12:01, we need an extension of
12:02:09PM time for Ms. Mulhern to continue her questions.
12:02:13PM >>CHARLIE MIRANDA: We have about 4:00.
12:02:15PM >>LISA MONTELIONE: I'd like to propose a motion we extend
12:02:19PM for, about ten minutes?
12:02:22PM >>MARY MULHERN: Five minutes is fine.
12:02:24PM >>CHARLIE MIRANDA: Motion by Ms. Montelione, second by
12:02:25PM Mr. Reddick for five minute extension.
12:02:27PM All in favor of the motion, please indicate by saying aye.
12:02:29PM The ayes have it unanimously.
12:02:33PM >>MARY MULHERN: So the area that is outside the building, is
12:02:37PM larger than just the building, right?
12:02:39PM >> Correct.
12:02:39PM But we're not authorized --
12:02:41PM >>MARY MULHERN: What we call the spree speech zone?
12:02:44PM >> No, no.
12:02:46PM >>MARY MULHERN: We don't call it that, but that's what it
12:02:48PM used to be called.
12:02:49PM >> No, our free speech zone will be outside of that area
12:02:52PM because no one will be allowed inside that area based on the
12:02:56PM Secret Service, unless you have credentials.
12:02:59PM So we have got to create a free speech zone as close to that
12:03:02PM as possible, but outside of that area.
12:03:05PM >>MARY MULHERN: Isn't that a smaller area than this event
12:03:08PM >> The event zone is basically all of downtown.
12:03:11PM Our free speech -- free speech area will be inside the event
12:03:17PM zone, but outside of the Secret Service secure area.
12:03:20PM >>MARY MULHERN: Well, that's what I'm talking about.
12:03:22PM And isn't that free speech zone, whatever you want to call
12:03:26PM it --
12:03:26PM >> Public viewing area.
12:03:28PM >>MARY MULHERN: Public viewing area.
12:03:30PM >> Right now --
12:03:31PM >>MARY MULHERN: What is the capacity of?
12:03:34PM >> We're still working on that.
12:03:36PM Because that involves acquiring properties the city does not
12:03:39PM control right now.
12:03:40PM Working through a lot of different issues.
12:03:42PM We're working every single day trying to come up with the
12:03:46PM large enough area that will meet constitutional
12:03:50PM We're trying to create that area to be very large to create
12:03:54PM enough room for anybody that wants to go there.
12:03:56PM >>MARY MULHERN: So that area should be as large as possible,
12:03:59PM and the event zone should be as small as possible.
12:04:02PM So that they should really be one area.
12:04:04PM And I think that's what our public defender was saying.
12:04:08PM So that's really what would work as far as, really
12:04:13PM protecting safety and our second amendment rights, which we
12:04:18PM have heard that the mayor trying to protect the public and
12:04:21PM the TPD was rebuffed by the governor.
12:04:25PM And I got to say this is one time when I agreed with the
12:04:28PM governor, that he said one of the reasons he was not going
12:04:32PM to suspend that prohibition against regulating firearms was
12:04:38PM because our event zone was too big.
12:04:40PM So, it's something that I think we should think about,
12:04:43PM another reason to shrink that event zone down, that we may
12:04:47PM not get buy-in from the governor, but perhaps at the federal
12:04:52PM level we might have some help from the justice department,
12:04:55PM Secret Service to ban firearms, the most dangerous weapon
12:05:02PM you can bring to a volatile public event.
12:05:05PM I think it needs to be -- I think it needs to be reduced and
12:05:12PM I guess if I can hear from you that that is open to
12:05:16PM discussion, those boundaries are not.
12:05:21PM >> Again, the original boundaries that have now shrunk came
12:05:25PM to us from law enforcement based on their professional
12:05:28PM opinion of what they need to keep the city safe.
12:05:30PM And I'm not prepared to agree to shrink those at all beyond
12:05:34PM what they've already done.
12:05:36PM You can ask chief Bennett, but again, Council, we need to
12:05:40PM get the ordinance passed, so Council can do what you want,
12:05:43PM but we're recommending that that is the area we think we
12:05:46PM need to give law enforcement the tools they need to keep all
12:05:50PM of us safe.
12:05:51PM >>MARY MULHERN: I have other problems that I think other
12:05:54PM people have brought them up.
12:05:56PM But I do want to support Councilwoman Capin's suggestion and
12:06:01PM the reality is that it's at that point where law enforcement
12:06:06PM is going to be trying to move people out of the downtown
12:06:11PM And there are going to be people who don't have anywhere to
12:06:14PM go, that we need to think about that and we need to find
12:06:17PM some kind of solution to that, whether it's -- I thought the
12:06:21PM parking garages were a good idea.
12:06:23PM We had the suggestion about allowing overnighting on private
12:06:28PM So I think that has to be something...
12:06:34PM >> Those discussions could continue all the way until the
12:06:37PM But don't have to be part of this ordinance.
12:06:39PM Could be a separate ordinance.
12:06:41PM >>MARY MULHERN: They do need to be addressed.
12:06:43PM If we can accommodate that and the hospitality slash
12:06:47PM hospital area that we're going to need because of the heat.
12:06:56PM Thank you.
12:06:57PM >>FRANK REDDICK: Chair call for the question.
12:06:58PM >>CHARLIE MIRANDA: I have a call for the question by
12:07:00PM Mr. Reddick on this item.
12:07:01PM It's the new substitute ordinance presented for first
12:07:04PM reading and consideration.
12:07:05PM I'll yield to Mr. Suarez.
12:07:07PM >>MIKE SUAREZ: Thank you, chair.
12:07:09PM I presents a substitute ordinance being presented for first
12:07:13PM reading consideration, an ordinance of the City of Tampa,
12:07:16PM Florida, regulating activities in the City of Tampa, related
12:07:19PM to the 2012 Republican National Convention; designating
12:07:24PM geographic boundaries, dates and times for an even zone,
12:07:27PM creating a public viewing area, providing for a public
12:07:30PM gathering permit process, designating an official parade
12:07:33PM route, providing for an official parade route permit process
12:07:38PM providing parades outside of the official parade route,
12:07:41PM providing for reasonable time, place and manner regulations
12:07:44PM concerning materials and objects that may be possessed,
12:07:47PM carried or used in the City of Tampa, providing for
12:07:50PM prohibitions concerning materials and objects that may be
12:07:53PM possessed, carried or used in the even zone, providing for
12:07:56PM prohibitions concerning materials and objects that may be
12:07:59PM possessed in the public viewing area, providing for a
12:08:01PM prohibition on placing objects in the rights-of-way,
12:08:04PM providing for a prohibition on camping, providing for a
12:08:08PM prohibition on public urination, defecation, providing for a
12:08:11PM prohibition on rappeling, providing for penalties for
12:08:14PM violation of this ordinance creating a temporary security
12:08:17PM fence permit process, providing for extended hours of
12:08:20PM operation for parks located within the event zone, providing
12:08:23PM for severability, providing for repeal of all ordinances in
12:08:27PM conflict, providing an effective date.
12:08:28PM >> Second.
12:08:29PM >> Have a motion by Mr. Suarez, have a second by
12:08:31PM Mr. Reddick.
12:08:34PM >> May I offer a friendly amendment to replace, substitute
12:08:38PM the map that's the exhibit with this exhibit that clearly
12:08:41PM delineates the first three blocks in the public part of
12:08:44PM Harbor Island as an addition to the event zone?
12:08:51PM >>CHARLIE MIRANDA: All right.
12:08:51PM I have a friendly amendment.
12:08:53PM Got to be accepted by the maker and comaker.
12:08:57PM >>MIKE SUAREZ: I will accept that.
12:08:59PM >>YVONNE CAPIN: I would like to -- I'm hoping that this
12:09:03PM might be something we can do where we can -- I would like to
12:09:09PM leave the map out of the ordinance until it is -- we can't
12:09:15PM do that?
12:09:19PM Geographic boundaries.
12:09:21PM So when we pass -- well, this is first reading.
12:09:26PM Thank you.
12:09:27PM >>CHARLIE MIRANDA: Ms. Montelione?
12:09:28PM >>LISA MONTELIONE: I also want to offer an amendment to have
12:09:31PM the applications processed for assembly to apply to all
12:09:35PM parks within the city, whether or not they reside within the
12:09:37PM event zone.
12:09:40PM >>MIKE SUAREZ: I won't accept that.
12:09:41PM I wait between first and second reading, I think if you made
12:09:44PM contact with the administration, work that out so if there
12:09:50PM is an agreement that can be made that they will provide that
12:09:53PM during first and second reading.
12:09:56PM >>LISA MONTELIONE: Doesn't have to be part of the motion?
12:09:59PM >>CHARLIE MIRANDA: We have one second.
12:10:00PM I've been very quiet, listened to everything.
12:10:04PM It's time that we either vote for this or not vote for this
12:10:08PM and I'm going to say that we ought to vote on each amendment
12:10:11PM before we put it into this first reading.
12:10:14PM This is first reading.
12:10:16PM We have taken public testimony this morning, first reading
12:10:20PM doesn't require that.
12:10:20PM Only second reading.
12:10:22PM But we listened to it because it's a very big thing.
12:10:25PM And during second reading, between first and second reading,
12:10:31PM there are things that can be changed and added to that are
12:10:34PM not substantial, let me say that.
12:10:36PM The word substantial is paramount.
12:10:37PM So, we have that capability as long as it is not a
12:10:41PM substantial change in the ordinance.
12:10:43PM I don't know of these substantial changes in the ordinance.
12:10:48PM First reading is here.
12:10:49PM So, what is the pleasure?
12:10:53PM What do you want to do?
12:10:54PM You want to vote on each amendment?
12:10:57PM >>MIKE SUAREZ: Mr. Chair, if I may.
12:10:58PM Reason why I accepted one versus another is because one
12:11:01PM concerned the geographic boundaries.
12:11:02PM The other one I think is an administrative task that can be
12:11:05PM worked out and maybe the legal department can make a
12:11:08PM determination based on what I just said, that that's
12:11:11PM something that is still workable and still within the
12:11:13PM purview of the ordinance itself.
12:11:18PM >> I think you should vote on both amendments now.
12:11:21PM If you expand the parks, we could still give up some
12:11:25PM discretion to decide which parks we want to include in the
12:11:28PM final list.
12:11:30PM >>CHARLIE MIRANDA: That's fine.
12:11:31PM Cut to the chase.
12:11:32PM >>MIKE SUAREZ: Having heard that I will accept the
12:11:35PM >>CHARLIE MIRANDA: I have the maker accepting both
12:11:37PM amendments, one made by Councilmember Cohen, other made by
12:11:40PM Councilmember Montelione.
12:11:41PM Yes, sir, Councilman?
12:11:45PM >> Council, if the amendments, it is my impression, the
12:11:49PM amendment is accepted by the maker of the motion and
12:11:52PM unanimous consent of the board to vote on both amendments?
12:11:55PM >>CHARLIE MIRANDA: I don't know.
12:11:56PM I'm not an attorney.
12:11:57PM >> My suggestion, Council, is.
12:11:59PM This is what Mr. Shimberg --
12:12:01PM >> Going to spend an hour debating which amendment and how
12:12:04PM you vote on an amendment.
12:12:06PM It's elementary, it's ridiculous.
12:12:07PM >> My suggestion, is in accord with what Mr. Shimberg said,
12:12:12PM is vote on each amendment separately.
12:12:14PM You have before you what the administration provided.
12:12:16PM There is a map that has been provided.
12:12:20PM But it has not been voted on and substituted on the map that
12:12:25PM is in the ordinance that the clerk has filed.
12:12:27PM So that needs to be formally done.
12:12:29PM >>CHARLIE MIRANDA: But it can be done between first and
12:12:31PM second reading if it's not a substantial change, that's
12:12:33PM number one.
12:12:34PM Number two, Mr. Shimberg also said that the administration
12:12:37PM even if you say all parks, can pick and choose the parks
12:12:41PM that they want.
12:12:42PM So what I'm saying is, where are we?
12:12:44PM Can we pick and choose, us, meaning you, the administration,
12:12:49PM I mean?
12:12:52PM >> I think as long as it doesn't affect the title and they
12:12:55PM vote essentially to have us make those changes.
12:12:57PM We have the map.
12:12:58PM We'll get it to the clerk.
12:13:00PM We'll come back with the clarification on the parks.
12:13:05PM >>CHARLIE MIRANDA: Does the amount of land make a
12:13:07PM substantial change, yes or no, Mr. Cohen brought up?
12:13:10PM >> Yes, we need to vote on the amended map.
12:13:12PM >> I can introduce this as the amendment map.
12:13:15PM I've marked as exhibit.
12:13:17PM >>CHARLIE MIRANDA: Let's vote on the amendment map as
12:13:20PM presented by Mr. Cohen.
12:13:21PM That's a motion by Mr. Cohen.
12:13:25PM Look, I'm ready just to get up and walk out.
12:13:28PM You all can run the meeting.
12:13:29PM This is like a class.
12:13:32PM >>YVONNE CAPIN: I'm sorry.
12:13:32PM But we have an amended map.
12:13:34PM I asked about amending the map.
12:13:38PM And I was told that cannot be done because of the legal,
12:13:43PM what is stated in legal.
12:13:46PM In the ordinance.
12:13:47PM >> No, we cannot have a map.
12:13:50PM We have to have a map.
12:13:53PM >>YVONNE CAPIN: Between first and second --
12:13:55PM >> I know it's hard Mr. Chairman to try to rush through
12:13:58PM If you want to come back, whatever your pleasure.
12:14:02PM >>CHARLIE MIRANDA: All right.
12:14:03PM We're going to vote on the amended map as presented by
12:14:07PM Councilmember Cohen, seconded by Mr. Suarez.
12:14:10PM >>MIKE SUAREZ: Excuse me, would be Mr. Reddick.
12:14:12PM >>CHARLIE MIRANDA: Mr. Reddick made that motion.
12:14:15PM All in favor of that motion, please indicate by saying aye.
12:14:16PM I had a second amendment that was presented by
12:14:20PM Ms. Montelione.
12:14:22PM >>LISA MONTELIONE: I was going to vote no.
12:14:24PM >>YVONNE CAPIN: I'm voting no.
12:14:25PM >>CHARLIE MIRANDA: Have a motion by Ms. Montelione, seconded
12:14:27PM by --
12:14:33PM >> It's within the parks.
12:14:35PM >>LISA MONTELIONE: Having the request that I made was that
12:14:38PM the application process that is going to apply within the
12:14:41PM event zone also apply to parks outside the event zone.
12:14:46PM >> I was not going to vote for that.
12:14:48PM >>CHARLIE MIRANDA: Motion by Ms. Montelione.
12:14:50PM Any second?
12:14:52PM >> It's within my original motion.
12:14:54PM The second would have to come --
12:14:57PM >> Second.
12:14:58PM >>CHARLIE MIRANDA: Seconded by Mr. Reddick.
12:15:01PM All in favor of that motion, please indicate by saying aye.
12:15:03PM Opposed nay?
12:15:06PM Motion passes 5-2.
12:15:07PM And now, I need a motion.
12:15:13PM Motion made by Mr. Suarez, seconded by Mr. Reddick, I
12:15:16PM believe, on the approval of this item.
12:15:20PM As a new substitute ordinance.
12:15:22PM All in favor of that motion, please indicate by saying aye.
12:15:25PM Opposed nay.
12:15:27PM Item passes 5 he 02.
12:15:28PM Thank you all very much for attending.
12:15:31PM >> Second reading of the ordinance will be held May the
12:15:33PM 17th at 9:30 a.m.
12:15:37PM >>CHARLIE MIRANDA: This Council stands in recess till 1:30.
TAMPA CITY COUNCIL
May 3, 2012
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
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letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
TAMPA CITY COUNCIL
May 3, 2012
1:30 p.m., Afternoon Session
This file represents an unedited version of realtime
captioning which should neither be relied upon for complete
accuracy nor used as a verbatim transcript.
The original of this file was produced in all capital
letters and any variation thereto may be a result of third
party edits and software compatibility issues.
Any person who needs a verbatim transcript of the
proceedings may need to hire a court reporter.
1:29:08PM >>CHARLIE MIRANDA: City Council is called back in order.
1:49:20PM Roll call?
1:49:23PM >>MIKE SUAREZ: Here.
1:49:24PM >>YVONNE CAPIN: Present.
1:49:25PM >>FRANK REDDICK: Here.
1:49:27PM >>HARRY COHEN: Here.
1:49:29PM >>LISA MONTELIONE: Here.
1:49:30PM >>CHARLIE MIRANDA: Here.
1:49:31PM All right, we're going to do the remaining items that are
1:49:35PM under staff reports.
1:49:37PM Then we'll go to public hearings for review.
1:49:39PM So we are going to start with 66 and then go to the
1:49:41PM unfinished business on committee reports.
1:49:43PM Item number 66 -- yes, sir?
1:49:48PM >> We're here just to fix a rounding error primarily on some
1:49:51PM of our water rates.
1:49:52PM We were off by a penny or two because they rounded up rather
1:49:56PM than rounded down.
1:49:57PM This will simply adjust that anomaly in the rate structure.
1:50:02PM >>CHARLIE MIRANDA: I need --
1:50:04PM >> Move the resolution.
1:50:05PM >> Second.
1:50:06PM >>CHARLIE MIRANDA: Motion made by Mr. Reddick, second by Ms.
1:50:09PM All in favor of the motion on item 66, please indicate by
1:50:12PM saying aye.
1:50:13PM Opposed nay.
1:50:14PM The ayes have it unanimously.
1:50:17PM Item 67 is a request for a continuance to June 7th.
1:50:24PM I don't believe -- I don't know if there is anyone here to
1:50:30PM speak on item 67, if there is, this will be heard on June
1:50:33PM the 7th of 2012 at 10:00.
1:50:35PM I need a motion to that effect.
1:50:39PM >> So moved.
1:50:40PM >>CHARLIE MIRANDA: Motion by Mr. Cohen, I have a second by
1:50:42PM Mr. Suarez on item 67.
1:50:44PM All in favor of that motion, please indicate by saying aye.
1:50:48PM Opposed nay.
1:50:49PM Motion passes unanimously.
1:50:54PM Item number 68 is a resolution regarding the reduction of
1:50:58PM greenhouse gas.
1:50:59PM And we have a substitute resolution.
1:51:01PM Yes, sir?
1:51:02PM >> Mr. Chairman, thank you.
1:51:04PM Members of Council, this is on a motion by Councilmember
1:51:08PM And I was just going to suggest whether she wanted to
1:51:10PM discuss this item.
1:51:11PM I just wanted to share with Council that I did provide a
1:51:15PM substitute and to inform you the substitute is substantively
1:51:22PM The only difference is because of form, I expanded upon the
1:51:27PM title and I also removed a section, Council, that directed
1:51:31PM the clerk to send this out.
1:51:32PM That's not the custom and normally what would happen, the
1:51:35PM clerk would be able to provide a certified copy to any
1:51:38PM member of their own Council under their own letterhead can
1:51:43PM send it out.
1:51:43PM It is the exact same resolution Councilmember Mulhern
1:51:46PM provided to Council.
1:51:48PM >>CHARLIE MIRANDA: Ms. Mulhern, will you move the
1:51:50PM >>MARY MULHERN: Thank you Mr. Chair.
1:51:52PM Sorry, I was a little late.
1:51:53PM I move resolution -- do I need to read?
1:52:01PM >>CHARLIE MIRANDA: No.
1:52:03PM >>MARY MULHERN: Move substitute resolution 68.
1:52:05PM >>CHARLIE MIRANDA: Motion by Ms. Mulhern, second by
1:52:07PM Mr. Reddick on item 68.
1:52:09PM All in favor of moving that resolution as substituted,
1:52:12PM please indicate by saying aye.
1:52:13PM Opposed nay.
1:52:14PM The ayes have it unanimously.
1:52:15PM Item number 69.
1:52:19PM >>Rebecca Kurt, legal department.
1:52:25PM In response to your previous motion, I have provided an
1:52:26PM ordinance that would allow establishments that are permitted
1:52:29PM by the state to sell alcoholic beverages within the city, to
1:52:34PM operate consistent with hours of operation in chapter 3,
1:52:35PM which is 7:00 a.m. to 3:00 a.m. except on Sundays, and 11:00
1:52:38PM a.m. to 3:00 a.m.
1:52:40PM Just to be clear, do I have it applying citywide because I
1:52:44PM was unclear exactly what the direction was of City Council.
1:52:47PM So if that's not the direction of City Council, then I'll
1:52:49PM need further guidance.
1:52:55PM >>CHARLIE MIRANDA: All right.
1:52:55PM Mr. Cohen?
1:52:58PM >>HARRY COHEN: Thank you, Mr. Chair.
1:53:00PM I originally proposed this.
1:53:03PM And I just would like to tell everyone, I think it's
1:53:06PM probably obvious why I proposed it.
1:53:08PM But I just want to fill everyone in, just a little bit on my
1:53:11PM thinking regarding this.
1:53:13PM I attended the Democratic national convention in Boston in
1:53:18PM 2004 and I remember, like now, the convention activities are
1:53:23PM really geared around prime time Twiggs coverage.
1:53:26PM And what that means, especially since the networks no longer
1:53:30PM broadcast for the entire prime time period, the convention,
1:53:35PM they generally broadcast nationally from 10:00 p.m. to
1:53:39PM 11:00 p.m.
1:53:40PM And what that means is that the most important speeches of
1:53:43PM the convention go from 10:00 to 11 and they sometimes time
1:53:47PM things so that sort of the crescendo event of the night will
1:53:52PM happen just as local newscasts are breaking in all over the
1:53:55PM country at 11:00 because the maximum number of viewers.
1:53:59PM And what happens, as a result of this, the convention itself
1:54:01PM probably won't let out until 11:30, quart of 12:00.
1:54:05PM People will get out, they may be interested in going
1:54:07PM somewhere to eat.
1:54:08PM And because of the late hour, a lot of things will be
1:54:11PM So, it was my thought that for the four nights that the
1:54:14PM convention is actually in session, Monday, Tuesday,
1:54:17PM Wednesday and Thursday, that we should allow restaurants and
1:54:20PM bars and establishments that serve food and alcohol to
1:54:24PM remain open past their normal closing times in order to
1:54:27PM accommodate those guests.
1:54:29PM And that was really why I proposed this ordinance to begin
1:54:35PM >>CHARLIE MIRANDA: Ms. Montelione?
1:54:37PM >>LISA MONTELIONE: The intent I think that Mr. Cohen had was
1:54:41PM probably not citywide.
1:54:43PM But Ms. Kert I think it's a good idea to make it citywide
1:54:46PM because as I've been reading in the newspaper and following
1:54:50PM along, convention goers will be staying everywhere.
1:54:53PM So, they'll be getting back to their hotels or getting back
1:54:58PM to wherever they're staying, if they're renting homes or
1:55:02PM condos or something, it would make sense that if they want
1:55:05PM to wander out and find something to eat or drink in the late
1:55:09PM hours of the evening, early morning, that they be able to do
1:55:12PM So, I think citywide some good idea.
1:55:16PM >>CHARLIE MIRANDA: Okay.
1:55:16PM Ms. Capin?
1:55:22PM >>YVONNE CAPIN: I agree.
1:55:23PM I think citywide is very appropriate.
1:55:27PM And consistent.
1:55:32PM So, I will be supporting this.
1:55:36PM Thank you.
1:55:39PM >>CHARLIE MIRANDA: Okay.
1:55:40PM That's three votes.
1:55:41PM Night one more.
1:55:41PM [ Laughter ]
1:55:48PM >>CHARLIE MIRANDA: What is the ordinance?
1:55:49PM Do you have an ordinance for us?
1:55:52PM Who wants to read that ordinance.
1:55:57PM >>HARRY COHEN: Thank you, Mr. Chair.
1:55:58PM I hereby propose a temporary ordinance to the City of Tampa,
1:56:05PM Florida, regulating the hours of operation for
1:56:07PM establishments that are licensed by the state of Florida to
1:56:10PM sell alcoholic beverages, providing for severability,
1:56:19PM providing an effective date, first reading consideration.
1:56:21PM >> Second.
1:56:22PM >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, I have a
1:56:24PM second by Ms. Capin.
1:56:25PM I will not be supporting the ordinance.
1:56:27PM I think that if you're happy and had a few drinks by 3:00,
1:56:32PM you'll be more than likely drunk by 4:00.
1:56:34PM Not to say the convention all of them, conventioneers or
1:56:38PM visitors, for and against any item they want to talk about.
1:56:42PM All in favor of the motion, please indicate by saying aye.
1:56:44PM Opposed nay.
1:56:46PM Motion passes 6-1.
1:56:49PM >>THE CLERK: And the second reading of the ordinance will be
1:56:51PM held May 17th at 9:30 a.m.
1:56:56PM >>CHARLIE MIRANDA: All right.
1:56:56PM Now these are public hearings.
1:57:00PM I got to open 70 and 71.
1:57:02PM I need a motion.
1:57:03PM >> Move to open.
1:57:04PM >>CHARLIE MIRANDA: I have a motion by Mr. Reddick for 70 and
1:57:07PM Motion by Mr. Reddick, second by Mr. Suarez.
1:57:10PM All in favor of that motion, please indicate by saying aye.
1:57:12PM Opposed nay.
1:57:14PM Item 70 and 71 are open.
1:57:16PM Item 70 is a continuation.
1:57:25PM Those that are going to speak on 70 and 71 must be sworn in.
1:57:29PM So if you're going to speak at all if you think you're going
1:57:32PM to speak, if you have any imagination that you're going to
1:57:35PM speak, be sworn in.
1:57:37PM If you think you're going to be called to speak, get sworn
1:57:39PM [ Laughter ]
1:57:43PM [Oath administered by Clerk]
1:57:44PM Thank you, Council, Catherine Coyle, planning manager.
1:57:54PM Case V 12-186, it's for a location, 1701 north Frank Lynn.
1:58:02PM They are proposing a request for beer, wine and liquor
1:58:05PM sales, on-site consumption only.
1:58:07PM It is a large venue, bar, lounge, otherwise known as club
1:58:11PM This particular application and permit actually expired back
1:58:15PM in February.
1:58:16PM They were granted a one year conditional permit by City
1:58:20PM Council back in 2011.
1:58:21PM So they're before you to ask for renewal of that permit.
1:58:25PM You'll note on page one of the staff report the four waivers
1:58:28PM that are required to be approved, if they're approved.
1:58:33PM 1,000 seat, 258 feet for establishments selling alcohol.
1:58:39PM 1,000 feet to 360 feet for institutional uses.
1:58:43PM Increase in number of compact spaces from 65% to a hundred
1:58:47PM And reducing the number of parking spaces from 263 to 32.
1:58:51PM You'll note that the building itself is 16,058 square feet.
1:58:57PM It is located at the northeast corner of Henderson and
1:59:04PM The location.
1:59:11PM From different angles.
1:59:13PM Again, it's beer, wine and liquor for consumption on-site
1:59:26PM within a large venue, bar and lounge.
1:59:28PM 32 spaces are provided within the parking lot adjacent,
1:59:33PM owned by the same owner.
1:59:35PM Based on the occupant load that was actually provided, it's
1:59:38PM 1,050 person occupant load, which equates to 263 spaces.
1:59:47PM Thereby a waiver for parking.
1:59:48PM We found it inconsistent based on that parking reduction.
1:59:51PM In the previous application, we did as well.
1:59:54PM This particular one, we're citing essentially the same
1:59:58PM issues, potentially with our 88% reduction of potential
2:00:02PM adverse effects to surrounding areas, given potential
2:00:05PM occupant load and the number of parking spaces that would be
2:00:08PM required, that are required for that occupant load.
2:00:11PM It's an 88% reduction and that deficiency in that parking,
2:00:15PM we consider excessive.
2:00:18PM It may result in negative effects on surrounding areas and
2:00:21PM additional drain on city's enforcement resources.
2:00:24PM You'll note on pages 3 through 6, the requirements for the
2:00:31PM general standards for special use permits as well as the
2:00:34PM individual requirements for this specific use for bar and
2:00:37PM lounge on page five, with the distant separation
2:00:40PM requirements and no sales occur on the parking and loading
2:00:43PM They have stated their hours of operation on the site plan
2:00:46PM as they did in the previous permit, which is till 3:00 a.m.
2:00:49PM So they are following the chapter 3 hours.
2:00:52PM They have noted as they did in the previous permit
2:00:55PM additional requirements for security personnel.
2:01:00PM And I'll let you know what they are really quickly.
2:01:04PM That there are two exterior security offices, consisting of
2:01:08PM off duty sworn law enforcements.
2:01:10PM The number of okay payments exceeds 250 persons.
2:01:13PM Those occasions, number of people exceed 650 persons, one
2:01:17PM additional law enforcement, sworn law enforcement officer
2:01:21PM shall be provided.
2:01:22PM The second condition is on those days that the exterior
2:01:26PM security officers referenced in paragraph A, they will be
2:01:29PM utilized from allergics 30 to 3:30 a.m.
2:01:32PM So they do go half hour past closing time.
2:01:37PM Interior personnel equal one security officer per 150
2:01:41PM So they did keep the same security provisions they have in
2:01:44PM the temporary permit, or the one year conditional permit.
2:01:47PM Again, just for the record, we are objecting based on the
2:01:51PM severe lack of parking for this particular location.
2:01:54PM And that the potential adverse effects that would cause on
2:01:57PM the surrounding area.
2:01:59PM >>CHARLIE MIRANDA: Police department?
2:02:03PM >> Good afternoon, Council.
2:02:03PM Officer Don Miller, City of Tampa, Tampa Police Department,
2:02:07PM criminal intelligence bureau.
2:02:09PM I've been sworn.
2:02:10PM The City of Tampa police department's executive staff, chief
2:02:13PM of police, not only opposes this particular wet zoning or
2:02:18PM special use two request, it flat out denied.
2:02:23PM Couple reasons.
2:02:24PM History, history is a big player in some of the
2:02:28PM determination how people should run a good business.
2:02:30PM Industry of this hall has been less than superior.
2:02:35PM We have had problems with this club for years to come.
2:02:38PM Years past.
2:02:39PM That's why they were put on a temporary one year permit.
2:02:43PM Turned out one year temporary permit has calls beyond the
2:02:49PM ownership of the building, allowed the same owner to stay in
2:02:52PM that club and he violated all the conditions for that one
2:02:55PM year conditional.
2:02:56PM One being, being behind with the police security payments
2:03:01PM for off-duty officers.
2:03:02PM No not going to till they're squared away, but the day
2:03:10PM before the original Council date is not squaring away your
2:03:14PM It is being responsible, especially when you know you're on
2:03:17PM probation with tissues.
2:03:19PM That's one of the things they violated.
2:03:21PM Another thing is, this venue, this particular location is in
2:03:24PM a very adverse location for police and enforcement.
2:03:29PM Every time we have problems out at this club, we have to
2:03:32PM pull officers from adjoining larger destinations like Ybor,
2:03:37PM to come out and police that exterior, especially during
2:03:40PM closing time.
2:03:41PM Along with the one year temporary permit, they've been
2:03:46PM issued some temporary wet zoning, so temporary special use
2:03:53PM And during one of those particular permits, while they have
2:03:57PM dried up, they have actually violated the law in the
2:04:01PM stipulation and supposed to close down by midnight, no
2:04:04PM alcohol sales.
2:04:05PM Also with the City of Tampa police department, went in that
2:04:08PM particular business undercover.
2:04:09PM They were still selling alcohol past the allotted time.
2:04:12PM There were some arrests made, one being the manager-owner
2:04:17PM for allowing that so it's been a problem.
2:04:19PM The history is there.
2:04:20PM Speak to the, not just the history, but also got captain
2:04:27PM O'Connor here, going to speak to you about some of the
2:04:29PM enforcement issues they've had with this particular club.
2:04:32PM But we gave them a chance.
2:04:34PM They had their one year permit, their trackers one year
2:04:38PM They were unable even while on probation given another
2:04:41PM chance, they still weren't able to meet the criteria to be a
2:04:45PM well-run establishment.
2:04:47PM So pass along to captain O'Connor.
2:04:51PM >>CHARLIE MIRANDA: Captain?
2:04:52PM >> Good afternoon, Council.
2:04:53PM Captain Keith 0 con no TPD.
2:04:54PM I have been sworn in.
2:04:56PM Just like officer Miller stated, it's the history with the
2:04:59PM club, the owner and the manager that, why we have an issue
2:05:03PM with this particular property.
2:05:04PM Real quick, for the past year, I've been the captain of
2:05:08PM sector F.
2:05:09PM And that is the sector that has to manage this property.
2:05:13PM Historically in the past, leading up to this one year
2:05:17PM conditional permit, when there was problems at this club, we
2:05:19PM had to deploy officers from other areas, like he said,
2:05:23PM particularly from Ybor, where we have most of our club
2:05:26PM This property is isolated and it's a large venue that
2:05:30PM requires a lot of police to handle when it's at full
2:05:33PM So, leading up to that, they had the one year conditional
2:05:38PM permit and they had to keep up the extra duty.
2:05:40PM That's part of the stipulation in there.
2:05:43PM Well, for that year, about six months ago and he's keeping
2:05:47PM up with it.
2:05:48PM Around July of 2011, he falls behind his payments on extra
2:05:53PM At the end of the permit he is behind and owe it is city
2:05:56PM over $4,000 for services rendered for extra duty police
2:05:59PM As you know, we had to pay those police officers while he
2:06:03PM owed us the money.
2:06:04PM Permit expires.
2:06:06PM He knew he had a one year conditional permit.
2:06:10PM Obviously, he should've known it was going to expire.
2:06:13PM Three weeks goes by before I get notified of the expiration
2:06:17PM of the permit.
2:06:18PM For those three weeks, he stayed open and ran a club with no
2:06:22PM permit at all.
2:06:23PM We didn't know that so I had the night shift commander hand
2:06:26PM deliver the notice to him, saying you're dry.
2:06:30PM Notifying him of the dry status.
2:06:32PM He claimed he wasn't aware of it.
2:06:34PM But he closed down.
2:06:35PM At that point he starts, he knows he has to come before
2:06:38PM Council to get this permit, but he starts getting daily
2:06:42PM One day permits.
2:06:44PM And the only difference with that permit is, they have to
2:06:46PM stop selling alcohol by 11:55.
2:06:49PM So I get word from the night shift commander that well,
2:06:53PM they're staying open till 3:00, but they're giving away
2:06:57PM So, I said you think they're going to be giving away alcohol
2:07:01PM for three hours?
2:07:02PM Not only is he, you know, giving away money while he owes us
2:07:06PM $4,000, you know, it didn't sound right to me.
2:07:09PM So the following weekend, typically they have one night
2:07:12PM busy, we sent the undercover officers in, and sure enough,
2:07:15PM they went right in and bought alcohol just as I suspected.
2:07:18PM At that point, we shut the bar down, we arrested the
2:07:21PM bartender and I conferred with legal during the week and
2:07:25PM they said that the club manager can be charged as a
2:07:28PM principal to that charge and currently both the manager and
2:07:32PM the bartender are facing those charges.
2:07:34PM They're not resolved.
2:07:35PM They're still making their way through the court system.
2:07:38PM So, from my perspective, from a law enforcement perspective,
2:07:41PM it's a large venue.
2:07:42PM Isolated out there.
2:07:44PM And I got an irresponsible owner and manager.
2:07:47PM This is just what we laid out.
2:07:49PM If they're going to be hand delivered notice that they can't
2:07:52PM sell alcohol and they flagrantly violate that while cops are
2:07:56PM standing outside, to me that's an irresponsible owner and
2:07:59PM the last thing we need is another large venue in Tampa with
2:08:02PM an irresponsible bar owner.
2:08:04PM So we are asking that it's denied.
2:08:07PM >>CHARLIE MIRANDA: Thank you very much.
2:08:12PM >> Just want to stipulate for the record, I did hand over
2:08:14PM some reports, that me and the captain put together.
2:08:17PM The thank you Mr. Shelby.
2:08:22PM >>CHARLIE MIRANDA: Okay.
2:08:23PM Is the petitioner here?
2:08:32PM >> Good afternoon, Mr. Chairman.
2:08:34PM My name is Joseph deers, my office is 2522 West Kennedy
2:08:39PM Mr. Chairman, I have certain documents I'd like to hand to
2:08:43PM Mr. Shelby so maybe you all, if you want to follow along.
2:08:46PM I have a warranty deed where my client acquired the
2:08:50PM I have the 2009 ordinance on this property where a 4(COP-R)
2:08:59PM zoning classification was given.
2:09:00PM I have a January 18, 2011 report prepared by Officer Miller
2:09:04PM with respect to the petition that appeared before you last
2:09:08PM I have a copy of the ordinance that you all adopted last
2:09:13PM year on February 7th.
2:09:16PM I have correspondence from the TPD accounting office with
2:09:20PM respect to the funds, the status of the funds and amount of
2:09:25PM funds on deposit.
2:09:26PM And I have a copy of the instant reports that were prepared
2:09:31PM by the TPD for the years 2011 and 2012.
2:09:35PM The reason I believe those to be critical is, because we
2:09:38PM were before you here in January of 2011 when you gave us a
2:09:45PM temporary, and what had happened since the temporary
2:09:51PM My client and his wife purchased this property in 1997.
2:09:59PM At the time that they purchased it, it was a union hall.
2:10:03PM In late 1999, they found an application with the City of
2:10:08PM Tampa for a 4(COP) zoning.
2:10:11PM That zoning was granted in ordinance 99-261 for the same
2:10:18PM exact 16,000 square foot footprint that we're talking about
2:10:23PM No different.
2:10:23PM They're going to -- the ordinance provided that there would
2:10:27PM be a restaurant on the first floor.
2:10:29PM And there will be a bar on the second floor.
2:10:31PM The only condition was that didn't want kids under 21 years
2:10:35PM of age and didn't want it to be used as an adult club.
2:10:39PM I bring that to your attention for two reasons.
2:10:41PM One, because the duration of the wet zoning and secondly,
2:10:46PM back in 1999, already comes a parking demand if any with
2:10:52PM respect to the club on the second floor and restaurant on
2:10:54PM the first floor.
2:10:55PM And that's going to be critical because yes, there is
2:10:58PM definitely a parking shortage.
2:11:00PM No question about it.
2:11:01PM But neither city staff nor TPD can tell you of one incident
2:11:07PM since January of 2000, when anybody has raised an objection
2:11:12PM with respect to parking.
2:11:14PM You got to remember, we're at the northeast corner of
2:11:20PM Henderson Avenue and Franklin.
2:11:23PM There isn't a business within a mile of this location at
2:11:28PM There's nothing.
2:11:30PM This is like we are desert all by ourselves.
2:11:34PM So, when I filed the application last year seeking to obtain
2:11:41PM a 4(COP) at this location, police department first filed an
2:11:46PM And their objection was there were 12 fights and to serious
2:11:51PM aggravated assaults at this location.
2:11:53PM Mr. O'Connor's predecessor was a Captain Roberts.
2:11:58PM I met with Captain Roberts.
2:12:01PM And we basically agreed that we would impose on this
2:12:05PM facility the exact same conditions that are imposed on Ybor
2:12:11PM City wet zonings and on Channelside wet zonings.
2:12:15PM Which are the conditions that Cathy Coyle read to you, two
2:12:20PM overs, if we exceed 250.
2:12:22PM Another officer if we exceed 650.
2:12:24PM They're there from 11:30 to 3:30 and one interior are on
2:12:29PM every time we exceed 150.
2:12:31PM And based on that stipulation, Officer Miller filed a report
2:12:35PM that said A, there's no known opposition to this special use
2:12:41PM permit from the neighborhood association.
2:12:43PM That was true a year oohs ago and that was true again today,
2:12:47PM look at this report today, the neighborhood association does
2:12:49PM not object and did not object then.
2:12:51PM In addition, he went on to say, an on-site inspection was
2:12:56PM made by this officer as long as all conditions are met on
2:12:59PM this request list on the attached letter and petition of
2:13:03PM police are agreeable to this special use request.
2:13:05PM All conditions must be put on ordinance and agreed to by
2:13:09PM City Council and went on to say that they had no objections
2:13:12PM to the special use permit.
2:13:13PM Based on that, you all adopted ordinance 2011-16, which
2:13:21PM Council passed on February the 3rd and the mayor signed on
2:13:24PM February the 7th.
2:13:25PM Prior to the adoption of that ordinance, there was the
2:13:33PM deposited with the City of Tampa, $3,936 to cover potential
2:13:40PM future bills that may arise through the TPD off-duty
2:13:47PM I furnished you in there a communication from the accounting
2:13:52PM division that will tell that you the $4,000 that was in
2:13:55PM arrears at the time that Officer Miller prepared his report,
2:13:59PM has been paid in full and that all during this time since
2:14:03PM January of last year, there has been almost $4,000 on
2:14:06PM deposit that gains no interest, does nothing, just sits
2:14:10PM So, to the extent that they use their funds, I don't know
2:14:16PM why they couldn't have drawn on our $4,000 to pay this.
2:14:22PM If you'll notice, when captain O'Connor spoke to you,
2:14:28PM captain O'Connor was very careful in the words that he
2:14:32PM Captain O'Connor tells you he's been with sector F for one
2:14:38PM Captain O'Connor tells you that prior to the one year
2:14:42PM conditional, there were a lot of problems with this
2:14:48PM Captain O'Connor tells you if I had to dispense -- I had a
2:14:52PM conversation with captain O'Connor and I think you can check
2:14:55PM with him and I think he'll tell you that up until last
2:14:59PM month, he didn't even know this facility existed.
2:15:02PM He didn't know anything about this facility.
2:15:05PM So, how have we violated?
2:15:11PM We got a little behind on the payments of the off-duty
2:15:15PM We have had every extra duty officer that we need to have.
2:15:21PM Look, it's a large club, yes, it is.
2:15:24PM I think you're going to find that one night a week, we are
2:15:27PM required to hire two officers because our occupancy load
2:15:32PM gets to 450.
2:15:35PM We have never exceeded 650.
2:15:39PM And never had to bring in an additional officer.
2:15:42PM And there is no objection here whatsoever that we were ever
2:15:46PM understaffed or failed to staff with off-duty police
2:15:51PM The vials is we're a little late in making the payments.
2:15:56PM As we stand before you today, they're all current with an
2:15:58PM additional $4,000 standing out there.
2:16:00PM Let me digress if I can for a second.
2:16:06PM When this property obtained its 4(COP-R) zoning at the end
2:16:13PM of 1999, as part of that grant, the city required my client
2:16:19PM to install an outside fire department connection and to
2:16:25PM completely sprinkle that building.
2:16:27PM It was $100,000 that was spent in order to make that
2:16:32PM building safe for the public.
2:16:35PM Look, I'm not quite sure what business would want to be at
2:16:44PM Henderson and Franklin.
2:16:47PM And if they were, they would be there in the day time and I
2:16:50PM can tell you that they would draw down on the parking.
2:16:53PM When we're there, there's no parking demand, but the parking
2:16:58PM demand that we create.
2:17:00PM That's the only parking demand in that whole area.
2:17:04PM The closest business is Bar Fly, which is way on this side
2:17:11PM of the interstate, on Franklin Street.
2:17:18PM There isn't another business around there.
2:17:20PM That is why you don't hear anything from the neighborhood
2:17:23PM Yeah, we a desert, but we are a desert that we pay $12,000 a
2:17:29PM year in property taxes.
2:17:32PM Are we entitled to any police protection just like Ybor City
2:17:36PM and Channelside.
2:17:36PM And yet they haven't told you that we had to send police
2:17:40PM there for an incident.
2:17:43PM You haven't heard that.
2:17:44PM If you look at the police reports that I've made copies of
2:17:56PM and have given you, in the year 2012, through April 23rd,
2:18:00PM which was the day I went to the police department and got
2:18:02PM copies of those reports, there are four reports that were
2:18:05PM One report, a person was issued a trespass warning on a
2:18:11PM Tuesday morning at 7:18 in the morning.
2:18:13PM The second one, a trespass report was issued on a Friday
2:18:19PM morning at 8:59 in the morning.
2:18:21PM A third report was a trespass was issued on a Thursday at
2:18:27PM 9:34 in the morning.
2:18:29PM Got nothing to do with this business.
2:18:33PM Absolutely nothing to do with this business.
2:18:35PM Now, the fourth report is the report that Officer Miller
2:18:39PM alluded to with respect to unfortunate situation where there
2:18:42PM was a sale after the expiration of the temporary permit.
2:18:45PM His report wants to talk about all the incidences that have
2:18:54PM occurred after 2009.
2:18:55PM I thought that when we were put in a one year conditional,
2:18:59PM you wanted to see how we handled ourselves during that
2:19:02PM conditional period.
2:19:03PM Why are we looking back before the granting of the
2:19:08PM Why don't we look at what we did?
2:19:10PM He can't tell you today like he could a year ago that were
2:19:19PM serious aggravated assaults, can't make that statement.
2:19:25PM Didn't occur.
2:19:25PM I would submit to you that look, given today's economic
2:19:34PM time, people get a little behind sometimes.
2:19:37PM But we are current.
2:19:41PM You're talking about a super valuable asset that becomes
2:19:45PM absolutely or virtually worthless at that location.
2:19:50PM And just about any use that you make of that 16,000 square
2:19:54PM foot building, you're going to have a parking problem.
2:19:58PM And you're more than likely going to have that parking
2:20:00PM problem to aggravate whatever businesses are in that area in
2:20:04PM the day time.
2:20:05PM We have no objections with those conditions staying in
2:20:11PM We're fine with them.
2:20:14PM We would respectfully request that you grant us this
2:20:28PM Any questions?
2:20:30PM >>CHARLIE MIRANDA: Any questions here from Councilmembers?
2:20:33PM I see none.
2:20:34PM Ms. Capin?
2:20:39PM >>YVONNE CAPIN: I'd like to know, on the average, what is
2:20:41PM the, being paid to the off-duty police, a month?
2:20:49PM >> Well, when you work two officers as we work one night a
2:20:53PM week, and you pay the administrative fee, then it turns out
2:20:58PM to be $328 per night.
2:21:01PM When we have a 3,900 -- I think it's $3,936.
2:21:20PM We basically paid for about 12 weeks in advance.
2:21:24PM Just sitting out there.
2:21:25PM So right now, we're current, fully current.
2:21:31PM There's a correspondence in there from the TPD, and they're
2:21:34PM still sitting with almost $4,000 of our money.
2:21:41PM >>YVONNE CAPIN: I meant to look at this.
2:21:54PM That would be $16,000 a year.
2:21:58PM >> That's correct.
2:21:58PM >>YVONNE CAPIN: A year.
2:22:00PM Since this is conditional on the number of people in there,
2:22:09PM there's no way of predicting exactly what your needs are
2:22:14PM going to be.
2:22:15PM In other words, it's 150 for one inside and then 250 for one
2:22:22PM extra officer outside?
2:22:24PM >> No, as soon as we pass 250, we go to two officers
2:22:30PM >>YVONNE CAPIN: Okay.
2:22:31PM >> As soon as we pass 250.
2:22:32PM And then should we pass 650, we got to add an additional
2:22:39PM third outdoor TPD officer.
2:22:41PM Never got there.
2:22:42PM Our busiest night ever, 450.
2:22:46PM >>YVONNE CAPIN: So if you had a thousand people in there,
2:22:49PM which that's the capacity, a thousand 50, it would be.
2:22:55PM >> Three police officers and 7 interior.
2:23:02PM >>YVONNE CAPIN: Okay.
2:23:02PM And that is a possibility of the capacity.
2:23:11PM The objection from zoning is the parking, correct?
2:23:20PM Not sufficient parking.
2:23:24PM >> Yes, if I could I'd like to clarify a couple of points
2:23:27PM that Mr. Diaz made.
2:23:29PM And really for the benefit of Council, because many of you
2:23:32PM weren't here on the last approval.
2:23:34PM The last request that came before you, it wound up as a one
2:23:38PM year conditional.
2:23:39PM They actually requested the on-site consumption of beer,
2:23:42PM wine and liquor not related to a restaurant.
2:23:45PM That estimate also from the original approval that they had
2:23:48PM as a 4(COP-R).
2:23:50PM Under the old wet zoning process when they came before
2:23:54PM Council for what was called a wet zoning approval, Council
2:23:56PM did not have the option of considering parking at that time.
2:23:59PM Council was sitting purely looking at the request for
2:24:02PM alcohol, distance separation, that was it.
2:24:05PM Parking was not part of the consideration.
2:24:06PM The Council at that time in 1999 granted what was considered
2:24:09PM beer, wine and liquor in association with a restaurant.
2:24:14PM Subsequently in 2000, they went through with the permitting
2:24:18PM They applied for permits to convert one floor of the
2:24:21PM structure to a restaurant, the other to a bar.
2:24:22PM What I cited in that original report from last year was that
2:24:27PM that permit had actually expired.
2:24:30PM They never actually finalized that process.
2:24:32PM The parking had never actually become legal.
2:24:35PM The restaurant itself had never actually become legal.
2:24:37PM Mr. Diaz was put on notice of that.
2:24:39PM Once we found that out, we actually found that out prior to
2:24:43PM the application for the 4(COP-X).
2:24:46PM There was information we received from TPD and from
2:24:50PM alcoholic beverage tobacco.
2:24:51PM There was different investigations going on.
2:24:53PM And it was put to us that the location was not operating as
2:24:58PM a restaurant any longer.
2:24:59PM There was no food on-site.
2:25:00PM We were, had videos, the whole nine yards.
2:25:03PM I put that property on notice that they were in violation of
2:25:07PM their alcohol permit.
2:25:08PM And that I was going to take them to City Council for
2:25:11PM possible suspension.
2:25:12PM Short of us getting to that point, there was an application
2:25:15PM for the 4(COP-X) for the permanent beer wine and liquor, no
2:25:21PM restaurant requirement.
2:25:22PM That's what came before City Council at the time last
2:25:25PM And was granted, a one why are conditional with these
2:25:28PM additional security requirements.
2:25:30PM With that permit, City Council could grant the parking
2:25:34PM waiver at that time, which you did.
2:25:36PM Over our objection.
2:25:38PM We actually did object to that parking reduction back then
2:25:41PM as well.
2:25:41PM Was granted for a one year timeframe.
2:25:44PM Now we're in February of 2012, permanent expires, parking
2:25:49PM waiver expires.
2:25:50PM They're back before you to renew.
2:25:51PM Our parking objections still stands, given the okay pant
2:25:56PM load, potential of that building and isolated location of
2:25:58PM that building and those potential adverse effects on the
2:26:02PM surrounding area, just as it says in 27-269 B-7, it talks
2:26:06PM about those potential adverse effects and how to deal with
2:26:09PM They have one parking lot across the street from them, 32
2:26:12PM parking spaces.
2:26:12PM The required 263.
2:26:14PM Even if they reach that occupant load of 450, they have an
2:26:17PM overflow of parking in that particular area.
2:26:19PM What you've heard from the police department is, because
2:26:23PM it's isolated they are having to pull resources from other
2:26:26PM areas that's the stance that we have.
2:26:28PM We are objecting tow this request.
2:26:30PM And I'll submit that report from last year, so it's on the
2:26:35PM record since I cited it.
2:26:38PM >>YVONNE CAPIN: Appreciate that, thank you.
2:26:39PM >>CHARLIE MIRANDA: Okay, I have Mr. Suarez, then Mr. Reddick
2:26:42PM and then Mr. Cohen.
2:26:44PM >>MIKE SUAREZ: Thank you, chair.
2:26:45PM I'm not sure you can answer this, maybe Ms. Coyle or maybe
2:26:49PM the police department.
2:26:50PM When monies are put on deposit for potential future use,
2:26:58PM does it ever get drawn down or is it just quote-unquote a
2:27:02PM security deposit?
2:27:07PM >> Officer Miller, City of Tampa police department.
2:27:09PM The reason why it is so high is because of the past history
2:27:14PM of falling behind on payments to the off duty office.
2:27:18PM They want you to believe they have this big storage of money
2:27:20PM they're willing to give to you.
2:27:21PM The reason why they have a big storage of money is because
2:27:24PM they've a bad history of not paying.
2:27:26PM We required them during the last permit that they had to
2:27:29PM keep a certain amount of money in there, because when
2:27:31PM they're ready to fly the coop on us, we're going to have
2:27:34PM something to pay officers and recoup our officers.
2:27:40PM >>MIKE SUAREZ: When does it become necessary for to us draw
2:27:42PM down on the deposit, if at any point, I'm not sure.
2:27:47PM >> It's security.
2:27:49PM >>MIKE SUAREZ: Okay.
2:27:50PM That's what I wanted to ask.
2:27:51PM Mr. Diaz, there were several things that were brought to our
2:27:57PM attention from the police department.
2:27:59PM During your presentation, you didn't make any comment
2:28:01PM whatsoever about the illegal sale of alcohol while the
2:28:07PM permit was no longer in for.
2:28:10PM If, please, if you could just answer my question.
2:28:14PM Does your client not know about it?
2:28:16PM Didn't do anything about it?
2:28:17PM We need to know that straight far.
2:28:20PM >> First of all, let's understand something.
2:28:22PM My client is the landowner.
2:28:24PM >>MIKE SUAREZ: I understand that.
2:28:25PM >> So my client found out about it when TPD advised him of
2:28:28PM My client as landlord is not there when the operation of the
2:28:32PM business is occurring.
2:28:33PM So --
2:28:35PM >>MIKE SUAREZ: Let me interrupt you, Mr. Diaz.
2:28:37PM We understand that we understand he's a landlord.
2:28:40PM But you're coming before us and allowing him to continue to
2:28:43PM operate a type of business, so for you to say he's just a
2:28:47PM landlord does not give me comfort to say let's approve this.
2:28:50PM So, either you are an absentee landlord, based on what
2:28:55PM you've just said, or you have a landlord that doesn't care
2:28:58PM and flouting the rules.
2:29:00PM So which is it, Mr. Diaz?
2:29:01PM Tell me which one.
2:29:02PM >> I can assure you it's not landlord that doesn't care.
2:29:05PM And I can assure you, like all other landlords, we are not
2:29:08PM there every hour that the business is open.
2:29:10PM >> I understand that, sir.
2:29:11PM My question to you -- please, let me interrupt you again.
2:29:15PM I apologize.
2:29:16PM But my question to you is, what, and we'll use an old
2:29:20PM phrase, what did he know and when did he know it?
2:29:23PM >> And I thought I addressed that answer to you.
2:29:25PM He found out about it when Officer Miller filed his report
2:29:30PM the day before your last scheduled hearing.
2:29:32PM That's when he found out about it.
2:29:34PM Look, Mr. Suarez, let's -- Mr. Suarez, any operator, let's
2:29:42PM assume that you deny this, just for sake of a conversation.
2:29:46PM The realities of the coin is, do you think that that
2:29:51PM operator is going to go out of business or do you think that
2:29:54PM operator is going to move to Ybor City, open and existing
2:29:58PM wet zone location and leave us sitting high and dry with a
2:30:01PM piece of property that we can do nothing with?
2:30:05PM So no we're not here to encourage any violation of the law
2:30:09PM because we're the ones, the owners of that property.
2:30:13PM We're very sensitive to that issue.
2:30:15PM No we don't encourage it.
2:30:18PM Not at all.
2:30:19PM Why would we encourage that?
2:30:24PM >>MIKE SUAREZ: I'm not going to answer that question.
2:30:25PM We're not in a debate, Mr. Diaz, but I do want to say that
2:30:29PM we as a Council have to sit in judgment based on the facts
2:30:34PM presented before us.
2:30:35PM The facts do not look good four client in my mind.
2:30:38PM And the reason I'm telling you that is, if you are an owner
2:30:41PM of a piece of property in which illegal activity is going
2:30:44PM on, and now you are coming before us to allow that business
2:30:47PM to continue to operate, at the same type of business, that's
2:30:52PM going to give me pause.
2:30:53PM Now again, this is not a debate twin and I.
2:30:56PM It's not a debate about your particular client.
2:30:59PM Seems like a reasonable person.
2:31:00PM But if there are issues and problems, we need to get to the
2:31:03PM bottom of it.
2:31:04PM We have to go based on what we hear from our police
2:31:08PM Again, it's not a matter of going on everything that goes on
2:31:11PM all the time.
2:31:11PM I understand that my family members and people that I know
2:31:14PM are in the rental business, commercial and personal.
2:31:18PM And we understand that.
2:31:19PM But once the attention is given, we want to make sure that
2:31:23PM people are being responsible with the properties that they
2:31:25PM have, especially when it comes to zoning matters.
2:31:28PM Now, having said that you answered my question.
2:31:30PM I appreciate that.
2:31:31PM My next question is, if we do allow this to go forward,
2:31:37PM allow another temporary process to go forward, is there
2:31:41PM already an application for a permanent, Ms. Coyle had
2:31:45PM mention Boulevard, concerning parking and some other issues?
2:31:50PM Are we still -- are we doing a permanent or a temporary?
2:31:54PM >> This is an application for a permanent right now.
2:31:56PM Like it was last year.
2:31:58PM You all made it a conditional.
2:31:59PM >> So the conditions on parking though that she mentioned,
2:32:04PM are you all prepared to answer those particular issues?
2:32:08PM >> There's no way to come up with 263 spaces in that area.
2:32:14PM You all have a problem with your own Code Enforcement Board
2:32:17PM building right there, that you got to park in baker's high
2:32:21PM school hall property.
2:32:22PM We are allowed to use the baker's pool hall property.
2:32:25PM We are allowed to use Robertson's billiard parking today.
2:32:30PM Tomorrow, I can't guarantee you that.
2:32:33PM I can't assure you that.
2:32:35PM At this point in time, I could present a letter from
2:32:37PM Robinson's but it's not a long-term letter, so I didn't
2:32:42PM >> So you don't have a contract with any of those other
2:32:45PM >> No, sir.
2:32:45PM The only parking is right in front of our building.
2:32:48PM All the rest is occupied by buildings.
2:32:51PM >>MIKE SUAREZ: Thank you very much.
2:32:52PM >>CHARLIE MIRANDA: Mr. Reddick?
2:32:53PM >>FRANK REDDICK: Thank you, Mr. Chair.
2:32:54PM Let me start off with the you, Mr. Diaz, since you're
2:33:01PM standing there.
2:33:01PM In reading the police report, I would like to know whether
2:33:07PM you dispute this report where it states as of March 11th,
2:33:18PM 2012, officers with the Tampa Police Department arrested
2:33:22PM Sonya grant, a bartender for this club.
2:33:25PM Was she arrested?
2:33:26PM >> She was.
2:33:27PM Well, let's back up for a second.
2:33:30PM She was issued a citation.
2:33:32PM It's my understanding.
2:33:33PM Okay, this is a misdemeanor violation.
2:33:38PM You don't arrest.
2:33:40PM You issue a citation.
2:33:44PM >>FRANK REDDICK: And the same report, Ms. Garcia stated in
2:33:52PM her post Miranda statement to police that she knew the bar
2:33:56PM did not have the proper liquor license to sell past a
2:33:59PM certain time.
2:34:00PM She stated that the club owner, Mr. Toure, told her to keep
2:34:09PM selling alcohol until certain notice.
2:34:13PM Do you dispute that?
2:34:15PM >> Yes, sir, I do.
2:34:15PM I dispute that, but I also have Sonya Grant to talk to you
2:34:19PM in sworn testimony.
2:34:21PM And I also dispute where officer Miller tells us there's an
2:34:25PM arrest warrant, capias outstanding for this lady.
2:34:29PM Never occurred.
2:34:30PM This woman never missed a court date.
2:34:31PM There was never an arrest warrant issued.
2:34:34PM And when I asked Officer Miller about that today, how do you
2:34:38PM write that?
2:34:38PM He says well, she missed a court date but then she came late
2:34:42PM they're afternoon.
2:34:43PM Sid, well, did you write your report between the missioned
2:34:46PM court date and in the morning and later in the afternoon, or
2:34:49PM how do you have this arrest warrant, if you wrote it the
2:34:52PM next day?
2:34:53PM Well, she is going to tell you she miss nod court date.
2:34:56PM No arrest warm.
2:34:57PM Was here two weeks ago, told Officer Miller and told two
2:35:01PM other TPD, look, if you think there's a warrant for me,
2:35:04PM arrest me right now.
2:35:05PM Nobody arrested her because there is no warrant.
2:35:10PM That's disputed sir.
2:35:12PM >>FRANK REDDICK: Let me ask you one more question and then I
2:35:15PM want to pose a question to law enforcement.
2:35:17PM In this same report, it states -- what's the name of this
2:35:21PM >> Club Atlanta.
2:35:22PM >>FRANK REDDICK: Okay.
2:35:23PM Within the last four months, this club has ten calls for
2:35:29PM That's based on the police department.
2:35:30PM In the last four months.
2:35:32PM And this report was dated April 19, 2012.
2:35:37PM >> Best reply I can give you to that is, you're welcome to
2:35:42PM ask captain O'Connor if he had ever heard of this club, and
2:35:45PM that's in his section, as of March 1st.
2:35:48PM Had he heard of this club and heard about those ten reports.
2:35:53PM And unless I misunderstood what he told me earlier this
2:35:56PM morning, the answer is going to be no.
2:36:00PM >>FRANK REDDICK: I'm familiar with the location of where
2:36:02PM this club is located.
2:36:07PM Are you aware whether there have been any reports or any
2:36:13PM incident from the neighborhood or any business owner, or
2:36:18PM anyone in the vicinity of that club who has complained about
2:36:24PM the parking, someone parking on their property, parking on
2:36:28PM their private lot, that people that attend the club.
2:36:33PM Have you gotten reports in anyone?
2:36:35PM >> None whatsoever.
2:36:36PM And I think that's confirmed by Officer Miller in his last
2:36:39PM year's report and this year's report when he says there's no
2:36:42PM opposition from the neighborhood association.
2:36:44PM Nobody in that area objects.
2:36:45PM You don't see anybody here.
2:36:47PM You haven't heard from anybody.
2:36:48PM Last year you didn't and this year you haven't.
2:36:51PM >>FRANK REDDICK: All right, then I want to ask officer
2:36:55PM O'Connor are -- captain O'Connor.
2:37:02PM Captain O'Connor, have you, had the police department
2:37:05PM received any complaints from any owners, any neighbors in
2:37:11PM the vicinity of that club pertaining to parking when this
2:37:16PM club is open?
2:37:18PM >> I have received no complaints from the neighborhood in
2:37:21PM relation to the parking.
2:37:24PM >>FRANK REDDICK: Okay.
2:37:25PM Based on the location of this facility, there's a lot of
2:37:30PM vacant property in the surrounding area.
2:37:33PM >> Right.
2:37:34PM >>FRANK REDDICK: On Franklin Street.
2:37:35PM North Franklin.
2:37:36PM And based on your experience, your officers, working with
2:37:45PM the club, have you noticed for it to be a parking problem?
2:37:50PM Even though I know you haven't received any complaints, has
2:37:53PM there been a parking problem, based on your observance?
2:37:57PM >> Yeah, if you drive by the club, and if it's at full
2:38:00PM capacity or if it's just has 4 to 500 people, they're going
2:38:04PM to park everywhere.
2:38:05PM So there's going to be parking violations if you were to go
2:38:08PM out there with a ticket book, you can cite them for parking
2:38:11PM on sidewalks, too close to stop signs, you know, the wrong
2:38:14PM direction, because there is no place to park.
2:38:16PM And we have all seen those clubs where everyone just parks
2:38:20PM wherever they can fit.
2:38:22PM >> Let me ask you this.
2:38:23PM You say Officer Miller report, you say within the last four
2:38:27PM months, this club has ten calls for service.
2:38:30PM Do you know what the ten calls consist of?
2:38:32PM >> I have a report of the calls for service and for 2012,
2:38:35PM the total number of calls for service, which is everything,
2:38:39PM would be a total of 26.
2:38:42PM If you Brock it down by violent calls and disturbances in
2:38:45PM 2012, there's been seven.
2:38:47PM On this report, there's one disturbance, and two misdemeanor
2:38:55PM trespassers and four other misdemeanors.
2:38:57PM In 2012.
2:38:58PM For the majority of that, they were working off their
2:39:01PM temporary permit.
2:39:02PM >>FRANK REDDICK: Based on what Mr. Diaz stated that the
2:39:06PM trespassing was during the time when the club --
2:39:10PM >> It could be.
2:39:10PM It's just for that location.
2:39:12PM Can I address one thing Mr. Diaz says?
2:39:17PM We did talk before that and his statement that I did not
2:39:21PM know or ever heard of club Atlanta, is completely wrong.
2:39:24PM He misunderstood me.
2:39:26PM We got into a conversation about the club past year that we
2:39:30PM all know of that we had problems with, and there were a
2:39:33PM number of clubs that I even stood here and discussed with
2:39:35PM you, that were problem clubs.
2:39:37PM And as it relates to that he said so this club wasn't on the
2:39:41PM radar like those.
2:39:42PM And my answer was yes, it wasn't on the radar as far as a
2:39:46PM big problem club.
2:39:47PM But I've known about club Atlanta for the past 10 years.
2:39:50PM It's moved around, so to say I didn't know it, that's
2:39:54PM And as far as, just so you're clear on test crow accounts
2:39:58PM for extra duty.
2:39:59PM Everyone who hires extra duty is required to leave, put
2:40:03PM money in escrow.
2:40:04PM It's not unique to them.
2:40:05PM Yes, it may be more because of their history, but there's
2:40:09PM nobody who gets extra duty and doesn't put money up front.
2:40:12PM And it's not used to pay the bill.
2:40:15PM >>FRANK REDDICK: Thank you.
2:40:16PM Let me just ask staff and then I have one final question,
2:40:20PM and I'll be through, Mr. Chairman.
2:40:22PM Just for staff.
2:40:23PM The whole opposition of staff is because of the parking, is
2:40:27PM that what it is?
2:40:29PM >> That's right.
2:40:30PM >>FRANK REDDICK: All right.
2:40:31PM Does staff take into consideration that there has not been a
2:40:34PM complaint filed by anyone pertaining to the parking?
2:40:41PM >> Parking waivers of this magnitude, this excessive lack of
2:40:44PM parking, we would have a standard objection across the
2:40:47PM board, as we do with any rezoning or special use case.
2:40:51PM Would've to understand is, this particular regulation looks
2:40:54PM at the potential adverse effects of the surrounding areas.
2:40:56PM As we have noted already, this isn't an isolated area.
2:41:00PM It is one of the only businesses actually open and operating
2:41:03PM at a late hour.
2:41:05PM That doesn't say to you that the area won't some day
2:41:10PM There's very limited parking in this particular area.
2:41:13PM It may not be a current problem that should be cited at this
2:41:18PM appointment, but looking at the potential adverse effect of
2:41:21PM that parking in the future as well.
2:41:23PM >>FRANK REDDICK: Okay.
2:41:23PM My last question to the owner.
2:41:30PM You're sworn in, correct?
2:41:33PM >> Yes.
2:41:36PM My name is Roland Morito and I own the building.
2:41:52PM >> I understand you're not on premises when the club is in
2:41:55PM operation, is that correct?
2:41:56PM >> Yes, sir.
2:41:57PM >> You have someone to run that facility?
2:41:59PM >> Yes, sir, Mr. Toure.
2:42:01PM >> And you give him full responsibility to run it?
2:42:04PM Yes, I do.
2:42:05PM >> Does he report to you about what any incidents and other
2:42:09PM things that take place at the club?
2:42:11PM >> When we obtained the one year provisional --
2:42:16PM >> Hold it.
2:42:17PM This location is leased out.
2:42:22PM That location is not run for us.
2:42:25PM We have a tenant.
2:42:26PM So it's not that he's running that club for Mr. Morito.
2:42:31PM Mr. Morito has leased the facility to a third party.
2:42:36PM >>FRANK REDDICK: That third party, okay.
2:42:40PM So you just lease it to him.
2:42:42PM And he has full control of the operation of that club?
2:42:47PM >> Yes, he does have full operation of the club.
2:42:49PM But when we did this back a year ago, I was told that we had
2:42:54PM to keep, we had to keep an eye on the club and make sure
2:42:59PM everything was fine.
2:42:59PM Myself and there was a captain Roberts who in fact was the
2:43:04PM captain of the area at that time.
2:43:06PM We continued to stay in contact with, he would call me or I
2:43:10PM would call him, if there was any problem.
2:43:13PM Somewhere, and I can't really remember the dates because we
2:43:17PM really never had any problem.
2:43:19PM And I would go check with Mr. Toure once a month if I didn't
2:43:23PM hear anything, how's everything going?
2:43:25PM I'd walk inside the building, I'd look around.
2:43:27PM I'd talk to the neighbors, I think as Mr. Miranda knows, I
2:43:32PM operated Baker's Billiards for over 27 years and I've been
2:43:36PM in that area probably 30 years.
2:43:38PM And I've never had any complaints for any of the people.
2:43:43PM And I know all the people basically in the area.
2:43:46PM So, there has been no problem.
2:43:50PM In fact, some tell me Mr. Toure is great, other people park,
2:43:54PM he cleans up the area before they come in there.
2:43:57PM They don't even know anybody was there.
2:43:59PM >>FRANK REDDICK: My final question to you, and I'm through,
2:44:02PM Mr. Chairman, and that is, were you aware that according to
2:44:08PM the police report, they was selling liquor past 12:00 time
2:44:15PM >> No.
2:44:15PM I was not aware of that until I was advised.
2:44:19PM And when I was advised of that, I immediately got Mr. Toure,
2:44:23PM I says, it was one bartender in the crowd that, I swear, I
2:44:28PM was giving the stuff away and I don't know what happened.
2:44:31PM I said immediately take all the cash registers, take them
2:44:34PM down, if you're going to stay open just to keep your crowd
2:44:38PM until we go to the zoning, I don't want to see a cash
2:44:42PM I don't want to see nothing out there.
2:44:44PM If you want to stay open, I think I spoke with Cathy Coyle
2:44:47PM on this, as long as you didn't sell anything, that he could
2:44:50PM stay open after the 12:00 hour.
2:44:52PM I said you make sure that you observe all the rules and
2:44:56PM regulations that you have to do because I'm not looking for
2:44:58PM any trouble with anybody.
2:44:59PM We went to this thing.
2:45:02PM We have got these provisionals and that's what we're
2:45:05PM sticking to.
2:45:06PM The reason that we even got to that point, is probably my
2:45:12PM We were supposed to come back in February.
2:45:15PM And I'm going to take as the landowner and probably, I guess
2:45:21PM this is on TV, but I'm really not this dumb.
2:45:26PM [ Laughter ]
2:45:27PM >> On the third Thursday of every month, I know you have the
2:45:31PM alcohol hearings.
2:45:32PM I thought from the last hearing, it was my understanding we
2:45:38PM would come back in February.
2:45:41PM Well, I came the day before, which was a Wednesday, I came
2:45:46PM up here to the city clerk's office.
2:45:48PM I pulled the copy to see when I had to be here the next day.
2:45:52PM I wasn't on the agenda.
2:45:56PM I said oh, well, maybe it's one year, you know, next month
2:45:59PM they'll notify me or whatever.
2:46:02PM Before that even happened, a few days later, whatever the
2:46:06PM date was, then we got notified that the property was dried
2:46:11PM And I immediately went down to zoning when I found out what
2:46:17PM was going on.
2:46:18PM And me and Cathy Coyle had extensive talks.
2:46:22PM What we could do about it and so on and so forth.
2:46:25PM And I started filing the papers immediately.
2:46:27PM And she was a great help to me.
2:46:30PM Her and Gale Sousa.
2:46:37PM So that was my mistake.
2:46:40PM >>CHARLIE MIRANDA: Mr. Cohen and then Mrs. Mulhern.
2:46:43PM >>HARRY COHEN: I think my first question is for Ms. Coyle of
2:46:49PM the legal department.
2:46:50PM And that is, when we -- unfortunately, we have only been
2:46:56PM given one copy of this packet.
2:46:58PM We're all feverishly passing it around between ourselves and
2:47:02PM it makes -- Councilwoman Montelione hasn't even seen it yet.
2:47:07PM Makes it very difficult to digest the information and ask
2:47:10PM questions based on it.
2:47:11PM But given that at least four or five of us were not here
2:47:14PM when the original conditional permit was issued, what would
2:47:18PM be the reason for only issuing a conditional, conditional
2:47:24PM license to begin with?
2:47:26PM >>CATHERINE COYLE: I'm not sure the packet you're looking
2:47:29PM Oh, it's the packet Mr. Diaz gave you.
2:47:32PM I don't have it.
2:47:34PM >>HARRY COHEN: Copy in here, if I can find it, of the
2:47:41PM >>CATHERINE COYLE: Well in answer to your question,
2:47:43PM Catherine Coyle, planning manager.
2:47:45PM Just to remind Council, in any alcohol application, that
2:47:48PM comes before you, you start to discuss maybe hours of
2:47:51PM operation or other conditions and you have to basically
2:47:54PM request whether or not the applicant is willing to accept
2:47:56PM such condition.
2:47:57PM If they do, great.
2:47:58PM If they don't, it's another discussion.
2:48:00PM Granting that one year temporary kind of the same thing.
2:48:03PM Based on the discussion that happened in that last hearing,
2:48:06PM the discussion of security, issues that were raised in the
2:48:09PM hearing, the Kevin of the Council at that time, was
2:48:12PM basically requested whether or not a one year conditional
2:48:14PM would be acceptable.
2:48:15PM And they agreed to it.
2:48:17PM >>HARRY COHEN: And it would seem to me that the reason that
2:48:19PM an applicant would accept, would accept a conditional permit
2:48:23PM is because they want the opportunity to prove themselves and
2:48:27PM to show that they can comply with the rules that are spelled
2:48:33PM >>CATHERINE COYLE: Yes.
2:48:35PM >>HARRY COHEN: What's troubling to me about this application
2:48:37PM is after what is essentially a probation period, we have
2:48:41PM Tampa police coming in and basically asserting that the
2:48:46PM probationary conditions haven't been met.
2:48:49PM And I know that, if I were concerned about the future use of
2:49:00PM the building and it maintaining its value, I would want to
2:49:04PM make very, very sure, particularly if we're talking about a
2:49:07PM year, that we stuck to the absolute letter of the
2:49:10PM restrictions that we were asked to.
2:49:14PM And from what I've heard here today, and the most charitable
2:49:20PM reading of it, some dispute as to whether or not those
2:49:24PM conditions have been met.
2:49:25PM But the police department is saying pretty definitively that
2:49:28PM they have not.
2:49:30PM >>CATHERINE COYLE: That's correct.
2:49:32PM >>HARRY COHEN: That's it.
2:49:33PM Thank you.
2:49:36PM >> I got Ms. Mulhern.
2:49:38PM >>MARY MULHERN: Thank you.
2:49:38PM Ms. Kert or Ms. Coyle, I don't know which of you would have
2:49:44PM this, but I read through the copy of the conditional
2:49:52PM ordinance from last year that we passed, three of us.
2:49:55PM And though some of us were here, we don't -- I certainly
2:49:59PM don't remember every conditional ordinance I passed.
2:50:04PM And I don't see anywhere in the staff report or in the
2:50:07PM packet from Mr. Diaz what the conditions were.
2:50:12PM So, how are we to determine if they have fulfilled their
2:50:18PM agreement to whatever the conditions were?
2:50:20PM We don't have that.
2:50:22PM >> The conditions actually aren't in the ordinance.
2:50:24PM They're on the site plan.
2:50:26PM >>MARY MULHERN: We don't have the site plan.
2:50:27PM >> If may, Ms. Mulhern, there is a police report prepared by
2:50:31PM officer Miller last year.
2:50:33PM And if you look for that report, attached to that report at
2:50:36PM the back of it is the letter that I had written to officer
2:50:41PM Roberts setting forth the conditions which are set forth in
2:50:43PM the site plan.
2:50:45PM There is a report that's days dated January 18th, 2011 and
2:50:51PM that report has attached to it a letter drawn by me to
2:50:54PM Roberts, setting forth our understanding.
2:50:57PM >>MARY MULHERN: But we need to know what those conditions
2:50:59PM We need to be able to see them, all of us.
2:51:02PM Maybe we could get a copy.
2:51:07PM That's what I need to see.
2:51:13PM >>CATHERINE COYLE: Way actually read to you earlier about
2:51:15PM the security officers sworn off duty police officers were
2:51:18PM the conditions that they agreed to.
2:51:20PM Otherwise, they accepted --
2:51:22PM >>MARY MULHERN: I'm sorry.
2:51:22PM I didn't hear what you started out saying.
2:51:25PM >>CATHERINE COYLE: Way read to you earlier, sworn officers
2:51:28PM requirement, ratio they had to have with occupant load,
2:51:33PM those were the additional conditions.
2:51:35PM >>MARY MULHERN: So those were the only conditions, that they
2:51:37PM would have the additional officers based on --
2:51:41PM >>CATHERINE COYLE: Correct.
2:51:41PM Because they took the chapter 3 hours of operations.
2:51:44PM They weren't restricted for that.
2:51:45PM They had full beer, wine and liquor, didn't have restriction
2:51:48PM on type of alcohol that they had to serve.
2:51:51PM >>MARY MULHERN: Okay.
2:51:51PM So, in these reports, according to TPD, they weren't doing
2:52:00PM that -- they weren't paying for the officers?
2:52:05PM >> Correct.
2:52:07PM >>MARY MULHERN: Do they have to call --
2:52:09PM >> Excuse me, ma'am?
2:52:11PM >>MARY MULHERN: Do they have to call and let you know when
2:52:13PM they're needed.
2:52:14PM >> It was usually set at one day a week, on the heavy day.
2:52:18PM Part of the conditions also in that letter were stipulated
2:52:21PM that they would maintain that account for off-duty officers.
2:52:24PM So that was a stipulation.
2:52:27PM >>MARY MULHERN: Okay.
2:52:28PM Now I have the letter where he agreed to it.
2:52:30PM Okay, so, those were the conditions.
2:52:34PM Now, this is a question, I don't know if it's for you or for
2:52:38PM Their permit expired and we didn't hear about it because we
2:52:45PM just didn't -- we don't hear about it right away when
2:52:49PM these -- when a conditional permit had expired, it doesn't
2:52:53PM necessarily get to Council right away to deal with it?
2:52:59PM >>REBECCA KERT: No, there's a process in place.
2:53:01PM The, it's the applicant's duty to be aware when they get a
2:53:05PM one year conditional, it ends and they are supposed to apply
2:53:08PM before the time it ends and be aware, if they're not going
2:53:11PM to come back in, stop selling.
2:53:12PM When it came to staff's attention, which it quickly did,
2:53:15PM they contacted Tampa Police Department and created a letter
2:53:18PM to the property owner, business owner, and delivered it at
2:53:21PM that time, notifying them that they needed to cease sales
2:53:25PM until they got a new application approved.
2:53:28PM >>MARY MULHERN: Thank you.
2:53:29PM I just have to say we very seldom hear objections from Tampa
2:53:33PM Police Department.
2:53:35PM Unless they really do have some real concern, so we're going
2:53:39PM to obviously take those seriously and I'm going to read the
2:53:42PM conditions now.
2:53:44PM >>CHARLIE MIRANDA: Any other Councilmembers who have not
2:53:46PM Ms. Capin?
2:53:48PM >>YVONNE CAPIN: I've spoken, if someone wants to speak.
2:53:50PM >>CHARLIE MIRANDA: Ms. Montelione, then Ms. Capin.
2:53:53PM >>LISA MONTELIONE: Thank you.
2:53:53PM I want to pick up on something that just strikes me, is the,
2:53:59PM the permit allowed for alcohol sales until midnight.
2:54:03PM And you've already as a landlord said I don't want to see
2:54:06PM anything, cash register after midnight.
2:54:09PM But, giving alcohol away, to me would be skirting the rules.
2:54:20PM The reason that the planning department asked for, and this
2:54:31PM previous Council, not the one sitting here today, some were,
2:54:36PM some weren't, said we'll grant you a one year conditional
2:54:39PM permit so that you can operate, but you had to cease selling
2:54:47PM control -- no, Rebecca is shaking her head.
2:54:53PM >>REBECCA KERT: To clarify it, there was no hours of
2:54:56PM operation limitation on the one year conditional.
2:54:58PM What happened after the one year conditional expired, is the
2:55:02PM code has provision for not for profits to come in and apply
2:55:06PM for temporary ordinances.
2:55:11PM >>LISA MONTELIONE: It was a way to stay open, so that they
2:55:14PM could continue to operate one day at a time, so to speak.
2:55:18PM >>REBECCA KERT: Yes.
2:55:20PM >>LISA MONTELIONE: Okay.
2:55:24PM So, giving alcohol away between midnight and 3:00 a.m. is --
2:55:32PM is never intended by that section of the code provision to
2:55:37PM allow the one, you know, the day at a time permission
2:55:45PM >> Excuse me, before we even did that, when we went to this
2:55:50PM one day provisional, just to keep Mr. Toure open until all
2:55:53PM these papers were filed, we sat down with Cathy Coyle and
2:55:57PM which she says if you're going to stay open after midnight,
2:56:01PM you can't sell anything.
2:56:02PM You can't charge anything.
2:56:08PM >>LISA MONTELIONE: Right.
2:56:08PM Literally that is true.
2:56:10PM >> And that is exactly -- but we didn't do it without
2:56:14PM talking to the city first.
2:56:15PM It's not something that we took upon ourselves to do.
2:56:19PM >>LISA MONTELIONE: It's just the difference between the
2:56:22PM intention of not selling alcohol after midnight and the
2:56:28PM practice of giving alcohol away after midnight, seemed
2:56:33PM counter to each other.
2:56:35PM The reasoning is because we don't want people to consume
2:56:39PM alcohol after midnight, whether it's being given away or
2:56:42PM So I think it's a technicality in that yes, you can guff it
2:56:49PM away, but no you can't sell it.
2:56:51PM I don't think the monetary value of the alcohol is what that
2:56:54PM permit intends.
2:56:55PM I don't think it's so we don't want people making money off
2:56:59PM of alcohol after midnight with an individual daily permit.
2:57:03PM I think it's the idea we don't want people consuming alcohol
2:57:06PM after midnight with that one day temporary permit.
2:57:10PM >> All I can say, I have I was advised, and that was it,
2:57:16PM closed, finish, 12:00, that's what would have happen.
2:57:21PM >>LISA MONTELIONE: Only other thing I want to point out,
2:57:23PM several times I've heard it mention there hasn't been any
2:57:25PM neighborhood association, you know, coming forward and
2:57:29PM offering objections.
2:57:30PM Well, there is no neighborhood association in this area.
2:57:33PM >> Yes, ma'am, there is.
2:57:35PM >>LISA MONTELIONE: I looked at the staff report and where it
2:57:38PM says neighborhood associations it has N-A, which is
2:57:43PM >> Tampa Heights.
2:57:44PM >> That would be maybe close by.
2:57:46PM >> I've been down there, like I said, for close to 30 years.
2:57:50PM I've operated a number of businesses in that area.
2:57:53PM And there is nothing there.
2:57:56PM In fact, there is less there now than there was when I
2:58:01PM started back there.
2:58:03PM >>LISA MONTELIONE: I'm familiar with the area.
2:58:05PM >> So all I can say, I can understand their saying about the
2:58:11PM parking and the future of the area.
2:58:13PM But there hasn't been nothing there for 30 years and the way
2:58:16PM it looks now, there might not nothing there when the economy
2:58:19PM for another 20 years.
2:58:21PM And me as a property owner, I don't think I should be
2:58:24PM penalized for what might come, when it might never come.
2:58:27PM >>LISA MONTELIONE: Well, personally, I hope that you're
2:58:30PM I hope that we do have development there.
2:58:32PM Very soon, would be great four property value.
2:58:37PM >> I agree with you 120%.
2:58:39PM >> And this area is one of the areas that's targeted by the
2:58:42PM mayor as part of the redevelopment.
2:58:46PM Riverwalk and everything.
2:58:47PM So, we do have high hopes for the neighborhood.
2:58:50PM And that is a beautiful building and I would love to see it
2:58:54PM restored to its historic nature.
2:58:58PM >>CHARLIE MIRANDA: Ms. Capin?
2:58:59PM >>YVONNE CAPIN: Thank you.
2:59:00PM First of all, I was reading this and the first 4(COP-R) that
2:59:06PM was granted was for the second floor only.
2:59:10PM And you are leagues both floors and both floors are used?
2:59:19PM >> I believe you're misreading that ordinance.
2:59:21PM Read that ordinance, that ordinance says the following.
2:59:25PM Primary use for the entire property described in section one
2:59:29PM above shall be as a restaurant which the sale of food shall
2:59:32PM represent not less than 51% of the total gross refer news
2:59:35PM from all sources.
2:59:38PM B, in no event shall the property described above be used
2:59:41PM eat as a teenage club or adult use.
2:59:44PM C, only the second floor of the premises located upon the
2:59:48PM property described above shall be used for any purpose other
2:59:54PM than a restaurant.
2:59:54PM The restaurant was on the first floor and the lounge, bar,
2:59:58PM whatever you wish to call it is on the second floor.
3:00:01PM >>YVONNE CAPIN: That's what I said.
3:00:02PM >> I'm sorry, I misunderstood you.
3:00:04PM I apologize.
3:00:06PM >>YVONNE CAPIN: So right now, both floors are being leased,
3:00:11PM >> The whole building.
3:00:12PM >> And the whole building is being used?
3:00:15PM >> That is correct.
3:00:16PM >>YVONNE CAPIN: The other thing is, there are no guarantees
3:00:20PM that in the future in view of the development planned for
3:00:23PM that area, that there will be no one at night to park itself
3:00:28PM than this establishment.
3:00:30PM But what really, really I see here is, I was here when this
3:00:35PM was voted on in February '11.
3:00:38PM And I remember distinctly that we asked master patrol
3:00:46PM Officer Miller, when the conditions.
3:00:49PM And I'm very adamant about conditions.
3:00:53PM As most people here know.
3:00:55PM And the conditions were as stated here, the two exterior
3:01:03PM officers, the security.
3:01:04PM Those were the conditions.
3:01:05PM Now, he comes before us today as the owner of the property,
3:01:09PM because this is a land use.
3:01:11PM And as the owner, he agreed to these conditions.
3:01:16PM The owner did.
3:01:20PM Now he's coming to us.
3:01:22PM Not the leaseholder.
3:01:24PM The leaseholder didn't agree to these conditions.
3:01:26PM Owner agreed to these conditions.
3:01:28PM >> That's correct.
3:01:29PM >>YVONNE CAPIN: In my mind, the owner is responsible for
3:01:32PM these conditions.
3:01:34PM He's the one that holds the permit.
3:01:37PM And what is being said today is that the leaseholder is
3:01:43PM How can the leaseholder be responsible when the owner of the
3:01:47PM property is the one that agreed to the conditions in order
3:01:51PM to have this permit?
3:01:54PM >> May I reply?
3:01:56PM >>YVONNE CAPIN: Yes, you may.
3:01:57PM >> Let's look at condition B.
3:01:59PM And you haven't heard the first violation associated with
3:02:01PM condition B.
3:02:02PM Let's look at condition C.
3:02:06PM You haven't heard the first violation associated with
3:02:09PM condition C.
3:02:10PM Now, let's look at condition A.
3:02:14PM The only violation that you are hearing with condition A is
3:02:19PM late payment.
3:02:19PM You're not being told that there were not two exterior
3:02:25PM officers when there was more than 250 people, you're not
3:02:30PM being told that there was ever more than 650, so there
3:02:34PM should have been a third.
3:02:35PM So the only violation that exists of all those conditions
3:02:38PM that are there is maybe it wasn't timely paid.
3:02:41PM That's the only violation, because there was 250 on any
3:02:47PM There were two overs on any night there were 250.
3:02:49PM We never got to 650.
3:02:51PM They were always there from 11:30 to 3:30.
3:02:54PM And we always had the security that we needed to have
3:02:57PM So the only violation, the only violation is we paid late.
3:03:01PM And for paying late, you're going to deprive this property
3:03:06PM of the zoning?
3:03:07PM I mean, that's the only violation that you're hearing of
3:03:11PM those conditions.
3:03:12PM >>YVONNE CAPIN: Those were the conditions an that was agreed
3:03:14PM to by the owner of the property.
3:03:18PM That it was late in payment means that the City of Tampa had
3:03:22PM to pay for that.
3:03:23PM I, you know this is one year condition.
3:03:29PM To me, you would follow this to the letter of every single
3:03:34PM part of this.
3:03:35PM And it wasn't.
3:03:36PM It was not.
3:03:40PM The only other thing I would look at is more conditions and
3:03:43PM not even then, because the parking really is an issue.
3:03:45PM I don't know that in the future the parking's not going to
3:03:48PM be an issue.
3:03:49PM It's always going to be an issue in a 16,000 square foot
3:03:53PM So to me, that is going to come forth every single time this
3:03:56PM building is proposed for whatever zoning comes forth.
3:04:02PM A condition that since it seems to me that the officers that
3:04:11PM were placed there were not paid, I don't know if you all
3:04:17PM would be agreeable to putting into an annual payment, and I
3:04:27PM mean annual, of $16,000, so that there's a minimum guarantee
3:04:35PM to our police officers every single year.
3:04:39PM And if that is not done, it is, it can be withdrawn.
3:04:45PM I'm not sure if that's, if that is a condition we can put,
3:04:49PM since that is an issue of payment.
3:04:54PM >>REBECCA KERT: I'm not comfortable conditioning this on a
3:04:58PM payment of cash, even if it's a cash for law enforcement in
3:05:03PM >>YVONNE CAPIN: That's the only one that I would understand.
3:05:10PM >> May I respond for a second?
3:05:13PM Ms. Capin, this $4,000 is just sitting there.
3:05:16PM But city wants more comfort, maybe we put a condition,
3:05:21PM rather than saying I got to come with $16,000, so now you
3:05:25PM got $20,000 of my money that's sitting there, why don't we
3:05:28PM say that, if we don't pay a bill within 30 days from the day
3:05:31PM that the bill is tendered, that that would be a violation.
3:05:35PM Why don't you say that?
3:05:36PM Because now it makes us stay current and you also have your
3:05:41PM $4,000 deposit.
3:05:42PM But to have $20,000 just sitting there, that's a bit much.
3:05:46PM >>YVONNE CAPIN: All right.
3:05:46PM Well, that could be something.
3:05:49PM My thing is that, if it is a violation, which we had right
3:05:55PM here, when it was -- it expired, when the one year expired,
3:06:03PM then there was a violation, because they served, sold
3:06:07PM alcohol after midnight with their temporary license.
3:06:09PM So here we have -- so it's the condition doesn't mean a
3:06:16PM whole lot if they don't follow any of the rules.
3:06:18PM What other conditions can you come up with?
3:06:27PM >> Ms. Capin, maybe you need -- you know --
3:06:31PM >>YVONNE CAPIN: I need?
3:06:34PM >> At no time, I have every single billing statement if you
3:06:38PM want to see it from the City of Tampa with respect to the
3:06:41PM off-duty officers.
3:06:44PM I have every single one.
3:06:45PM At no time did they ever say look, they're in violation.
3:06:50PM I have them all.
3:06:51PM I'll be more than glad to tender them to you, every one of
3:06:55PM them have been issued by TPD.
3:06:57PM You'll even see that at some times, let's say the bill
3:07:01PM creeped its way up to $2,000, he'd walk in and pay $3,000.
3:07:04PM And he'd pre-pay.
3:07:06PM I've got bills that will show you that.
3:07:18PM >>CHARLIE MIRANDA: Mr. Reddick, this has been drawn out now,
3:07:21PM I could have been in Atlanta, Georgia already on an
3:07:24PM [ Laughter ]
3:07:25PM >> It's an important issue.
3:07:27PM >>CHARLIE MIRANDA: They're all important.
3:07:33PM >>FRANK REDDICK: Staff, anybody, are any conditions being
3:07:41PM attached to this?
3:07:42PM Have we stated from staff recommendation, do you have any
3:07:46PM Any at all?
3:07:49PM >>CATHERINE COYLE: The conditions is the same as the last
3:07:52PM They have the exact same security and sworn law officer
3:07:55PM conditions that they had in the last permit.
3:07:57PM They're proposing those again.
3:07:59PM Which would require the same payments, whatever the fees
3:08:04PM >>FRANK REDDICK: And Mr. Chairman, I throw out
3:08:08PM recommendation, maybe the board, Council might not accept
3:08:11PM it, that I'm willing to move this forward with a maybe 90
3:08:21PM day temporary permit, based on those conditions, that they
3:08:26PM violate them within the 90 days.
3:08:28PM >>CHARLIE MIRANDA: Got to talk to legal.
3:08:31PM >>FRANK REDDICK: Legal, is that possible?
3:08:33PM >>REBECCA KERT: The short answer is no.
3:08:35PM The one year conditional, it's not really a one year
3:08:37PM conditional any more.
3:08:38PM But the purpose for that is the applicant has the initial
3:08:41PM burden to demonstrate that in short order, this is
3:08:45PM compatible, this use at this site is compatible at this
3:08:51PM To determine that, you apply the general standards.
3:08:53PM There are occasions where City Council does not feel that
3:08:56PM the applicant has met that burden, but will give them an
3:08:59PM opportunity to show that compatibility for a period of one
3:09:04PM But once you do that one year, the decision needs to be
3:09:07PM The opportunity has been had.
3:09:09PM It's not appropriate to continue to give short uses as if
3:09:12PM we're licensing the individual.
3:09:16PM >>CHARLIE MIRANDA: Any other Councilmembers?
3:09:19PM Ms. Montelione?
3:09:22PM >>LISA MONTELIONE: Would we be able to ask, Ms. Kert, the
3:09:24PM applicant if they would be willing to limit the hours of
3:09:28PM operation, since that was not on the original site plan?
3:09:32PM >>REBECCA KERT: Yes.
3:09:33PM >>LISA MONTELIONE: Thank you for the short answer.
3:09:35PM So, I would suggest that, as Mr. Reddick said, be willing to
3:09:41PM move this forward with the additional stipulation of the
3:09:48PM prohibiting the sale of alcohol -- let me rephrase that.
3:09:53PM Prohibiting the delivery of alcohol, whether it be for sale
3:09:58PM or given away, after midnight.
3:10:12PM >>CATHERINE COYLE: Just to clarify.
3:10:18PM It's not delivery.
3:10:19PM It would be sales and consumption.
3:10:20PM It's both.
3:10:22PM >>LISA MONTELIONE: Thank you.
3:10:24PM So that would be my offer in compromise.
3:10:26PM I don't know how my fellow Councilmembers would feel about
3:10:32PM >>FRANK REDDICK: Be willing to accept further amendment to
3:10:35PM 1:00 a.m.
3:10:36PM 1:00 a.m., I can accept that.
3:10:39PM >>LISA MONTELIONE: So we have 1:00 a.m. on the table.
3:10:41PM >>CHARLIE MIRANDA: Okay, is that a motion?
3:10:44PM What are we doing?
3:10:45PM >> If I may interrupt.
3:10:47PM I think there are two people here who would like to speak.
3:10:50PM Could they be heard?
3:10:54PM >>CHARLIE MIRANDA: I got to take care of the business
3:10:57PM Before I take a vote, they'll be heard.
3:10:59PM Is that a motion you're making?
3:11:02PM >>LISA MONTELIONE: Yes, I thought Mr. Reddick had already
3:11:04PM made the motion and I was suggesting an amendment.
3:11:09PM But I'd be willing to make the motion if you want me to
3:11:11PM state the motion that we move for approval of this
3:11:15PM application, with the stipulation on consumption and sale of
3:11:24PM alcohol prohibited after 1:00 a.m.
3:11:30PM >>FRANK REDDICK: Second.
3:11:30PM >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second
3:11:32PM by Mr. Reddick, and I'll hold that till I hear the other
3:11:36PM comments from the audience.
3:11:39PM >> Thank you, Mr. Chairman.
3:11:40PM Council, that motion, I suspect would be out of order,
3:11:45PM unless before the vote that the petitioner agrees to do
3:11:49PM >> I understand.
3:11:50PM That's why I haven't taken the votes.
3:11:55PM Bring them up, Mr. Diaz, whoever wants to speak.
3:11:58PM I'm asking to you bring it up, sir.
3:12:06PM >> Good afternoon, Councilmembers.
3:12:08PM My name is Sadibou Toure, 1701 North Franklin.
3:12:16PM I'm the owner and operator, the lessee of the building.
3:12:23PM I have been in alcoholic business for 25 years.
3:12:26PM Never in those 25 years ever had any kind of citation by
3:12:34PM tobacco, alcohol or the state bill.
3:12:38PM The only citation I ever had in alcoholic beverage is when
3:12:46PM this March, our zoning expired and we took temporary zoning
3:12:59PM with non-profit and we were supposed to have met with former
3:13:04PM staff and I told them after 12:00, nobody sells anything.
3:13:08PM In those 25 years, this is the first time a mistake has been
3:13:15PM made while I'm in charge.
3:13:20PM This is the first time in 25 years.
3:13:22PM I've never in -- I've never been in trouble in my life with
3:13:28PM the law.
3:13:29PM I'm 50 something years old.
3:13:31PM I've lived my life the best way I can, never been in trouble
3:13:35PM with nothing.
3:13:36PM Now, this sale that happened, obviously, is a mistake.
3:13:44PM And subsequently when that sale happened, the first thing we
3:13:49PM did is to get all the -- I don't even want you guys to sell
3:13:58PM Give everything away.
3:13:59PM Now, I understand somebody wanted to know why somebody give
3:14:05PM alcohol away.
3:14:06PM All our -- all I was trying desperately to do was keep my
3:14:13PM clientele coming until I come before you and get my zoning
3:14:18PM matter resolved.
3:14:20PM I was not trying to skirt any laws.
3:14:24PM I was not trying to do anything that will be contrary to my
3:14:33PM Now, the other thing everybody talk about, which is the
3:14:40PM payment had I known that the payment would have been an
3:14:46PM issue, I would have paid way in advance.
3:14:50PM I didn't know.
3:14:53PM If I knew and somebody put it in my, in front of me that I
3:14:58PM have to pay earlier, I could've paid earlier.
3:15:04PM I don't mind if I have to pay one month in advance before my
3:15:09PM bill hit accounted.
3:15:10PM But, after one year, the only thing people are starting
3:15:17PM with, the only thing they're saying I've done wrong is to
3:15:22PM have a late payment and do the conditional time, which in 25
3:15:29PM years this is the first time I ever done that stuff with
3:15:33PM We made a mistake.
3:15:34PM Clearly a mistake.
3:15:35PM And when they come in, I told everybody listen, I own up to
3:15:40PM A mistake has been made.
3:15:41PM And obviously, you can put those things on my shoulder.
3:15:46PM I'm not a bad operator.
3:15:50PM Nobody can get up in here and say my place have drugs.
3:15:54PM It has other violations, it had has minors, drinking --
3:16:04PM nobody can.
3:16:05PM The only thing I have done in that one year that is wrong is
3:16:08PM making late payment.
3:16:10PM And had I known, I wouldn't be in this position.
3:16:15PM Had I known also that we was supposed to renew our one year
3:16:23PM conditional, I wouldn't be in this position.
3:16:26PM We would've done it on timely fashion.
3:16:34PM We are coming up on February, in my mind, because I wasn't
3:16:38PM here last year, we thought that it would have been
3:16:41PM automatically on the agenda and we come in here and tell you
3:16:44PM guys what is happening.
3:16:45PM So, I want Council to just move back, just a little bit,
3:16:51PM till February 29th.
3:16:53PM If we were here on February 29th, what all our zoning, with
3:17:00PM everything, one of thing wouldn't have been in your
3:17:05PM consideration, which is the alcoholic sale after midnight.
3:17:10PM That wouldn't have been an issue.
3:17:11PM So the issue at that time, had we done it, would have been
3:17:19PM did you follow your condition in that one year?
3:17:21PM In that one year, we have two officers in there, on
3:17:25PM That's the only time we're busy.
3:17:26PM In that one year.
3:17:27PM I paid my bills, I was late, I admit to that but nobody
3:17:32PM brought to my attention that part of the condition is that
3:17:36PM you got to pay, at this time you got to pay one week before,
3:17:42PM one week after.
3:17:43PM Nobody gave me all of those guidelines.
3:17:46PM Now, if they give me guidelines, you say I did not follow
3:17:49PM the guidelines, but if they tell me you got the bills, and
3:17:53PM I'm assuming okay, they have my deposit anyway, if they
3:17:57PM really have a problem, they'll cool me and say come pay your
3:18:01PM And I'll show up in there and pay the bill.
3:18:03PM And under no circumstances do late payment have an agenda, a
3:18:13PM cessation of duties coming to my, to the place.
3:18:17PM That's all I wanted to add to the conversation.
3:18:20PM I have 25 years in this business.
3:18:23PM Nobody, not the state, not the police department can tell
3:18:27PM you in those 25 years that I have had a violation.
3:18:30PM Now, this one time violation, is the only thing that ever
3:18:40PM occur in my life in 25 years of operation.
3:18:43PM And it's a mistake.
3:18:45PM We told the police it's a mistake.
3:18:47PM We did not intend -- I have no intention of coming in here
3:18:51PM and skirting the law.
3:18:52PM Why should I do that?
3:18:54PM I have no intention for that.
3:18:55PM Now, just like everybody else, I'm out here trying to do a
3:19:01PM business and survive.
3:19:03PM I'm not trying to do anything else.
3:19:05PM And if you look at all club owners and all the clubs in this
3:19:10PM town here, you will find very few people that can come to
3:19:16PM your place and tell you, in their place they never had any
3:19:19PM including activity, nobody's ever documented drug activity,
3:19:24PM and they're here, they would have told you.
3:19:28PM No drug activity.
3:19:29PM No other illegal activity.
3:19:31PM The only activity they're blaming me for is to have another
3:19:36PM side in that time, my bartender obviously sold those two
3:19:44PM coronas during my temporary.
3:19:46PM That's the only thing.
3:19:47PM This is 25 years of my life I've worked hard to stay clean,
3:19:52PM to do everything.
3:19:53PM This is the first time anything like that's happened to me.
3:19:57PM And beverage check me regularly.
3:20:02PM I assume police check me regularly.
3:20:04PM Everybody check me.
3:20:05PM You know, in 25 years, this is the first time.
3:20:08PM Now, I agree that I was late for paying.
3:20:11PM But had I known, I wouldn't be late.
3:20:14PM Now, if the Council will give me a stipulation that of all
3:20:21PM the things you have to do, we want our money ahead of time.
3:20:24PM Or we want our money to be paid 24 hours after you get the
3:20:29PM I will have no problem with it.
3:20:31PM Or have one or two months payment.
3:20:39PM Ahead of time.
3:20:40PM I appreciate you guys comprehension and thank you very much.
3:20:43PM But I want you to bear in mind I have worked 25 years
3:20:46PM without any mistake.
3:20:47PM And very few people in life can say 25 years I never made
3:20:51PM any mistake.
3:20:51PM You know?
3:20:52PM , so, that's all I wanted to add to the conversation.
3:20:56PM Thank you very much.
3:20:56PM >>CHARLIE MIRANDA: Mr. Cohen, then Ms. Capin.
3:20:59PM >>HARRY COHEN: I just have a question for TPD.
3:21:01PM Does the proposed compromise of the 1:00 a.m. close change
3:21:05PM your position on your recommendation for this application?
3:21:13PM >> I can't make that determination.
3:21:14PM I'd have to go back to the chief of police and get her final
3:21:17PM say on that.
3:21:18PM But I can tell you in staff, she wanted a denial on this.
3:21:23PM We had that conversation face-to-face with chief, with her
3:21:27PM and her staff.
3:21:28PM I just want to say, I want Council to realize the totality
3:21:34PM of the circumstances.
3:21:35PM It's not about the money.
3:21:36PM Believe you me, we'll give them back their deposit.
3:21:39PM They can have all their money.
3:21:41PM We're tired of the way this guy operates.
3:21:45PM >>CHARLIE MIRANDA: All right.
3:21:46PM Next witness?
3:21:57PM >> I'm Sonya Grant.
3:21:58PM I'm the one they accused of selling alcohol after 12:00.
3:22:01PM It was a mistake.
3:22:02PM We'd be busy.
3:22:04PM That particular day is the busiest day.
3:22:07PM Time had went back that day, it was a mistake.
3:22:09PM It was not done intentionally.
3:22:11PM But I've worked in a lot of clubs.
3:22:15PM I worked in Ybor.
3:22:16PM I've worked underground.
3:22:18PM This is the safest club I've ever worked in.
3:22:21PM I don't have to duck and dodge behind the bar.
3:22:24PM I get to walk to my car safely.
3:22:25PM It's a safe club.
3:22:28PM And I've been to a lot that hasn't been safe.
3:22:31PM I had to leave my last one because of the smoke.
3:22:33PM I'm not smoked out.
3:22:35PM I don't smell like smoke when I go home.
3:22:37PM Because I'm not a smoker, you know?
3:22:41PM And back to the police report, it was two police report, the
3:22:44PM police report I received that night, they never questioned
3:22:48PM They never asked me any questions.
3:22:51PM They explained to Mae what I was being charged with.
3:22:53PM They explained to me what was going to happen.
3:22:56PM They told me to wait patiently, they were going to give me a
3:22:59PM court date.
3:23:00PM They never read me my rights.
3:23:02PM And I've never missed court on this case.
3:23:04PM I've only ever went once.
3:23:06PM I pled not guilty and I'm to go back next week.
3:23:09PM But they're saying I had a warrant out for my arrest on this
3:23:13PM charge and that's not true.
3:23:14PM I just want to let you know, they're making it seem like the
3:23:17PM club is so bad.
3:23:19PM And they're acting like they've never worked at another
3:23:22PM They've been to underground.
3:23:23PM You know, if they've been to Ybor and all those clubs, they
3:23:26PM are worse, way worse than this club that I work in here.
3:23:31PM The patrons are different.
3:23:33PM They're not young.
3:23:34PM They're older, mature people.
3:23:37PM They don't fight.
3:23:38PM They don't curse me.
3:23:39PM They don't throw money at me.
3:23:40PM They don't though their drinks at me.
3:23:43PM And I've been through all of that.
3:23:44PM You know?
3:23:45PM So they make it seem like it's just the worse place to work
3:23:49PM at and it's not true.
3:23:51PM I don't know what their personal issues are with it, which
3:23:54PM seems personal to me.
3:23:56PM I understand we broke the law, but it wasn't intentional.
3:23:59PM You know, we wasn't out to get over on people.
3:24:03PM It was just a mistake.
3:24:06PM You know?
3:24:08PM I just wanted to say that.
3:24:10PM >>CHARLIE MIRANDA: Ms. Capin?
3:24:12PM >>YVONNE CAPIN: Just because occupancy is 1,050, doesn't
3:24:18PM mean we have to allow 1,050.
3:24:21PM Condition can be reduced, occupancy.
3:24:23PM We have done it many times.
3:24:24PM Another condition which you list 30 days late, I would like
3:24:27PM officer, I'm sorry, master