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TAMPA CITY COUNCIL

Thursday, July 19, 2012

9:00 a.m. session

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08:58:12

09:05:42 >>CHARLIE MIRANDA: City Council is called to order.

09:05:43 The chair yields to Mr. Cohen.

09:05:49 >> Thank you, Mr. Chair.

09:05:51 Our invocation this morning will be delivered by new pastor

09:05:54 of Holy Trinity Lutheran Church on El Prado Boulevard in

09:05:58 South Tampa for 55 years.

09:06:00 We would like to welcome the Reverend Andrew Shermbeck not

09:06:06 only to City Council but to the City of Tampa.

09:06:09 He and his wife Becca and three children moved to Tampa just

09:06:12 three weeks ago from St. Paul Lutheran church in Chicago

09:06:17 where he served three years as pastor.

09:06:19 Please stand for the invocation and the pledge of

09:06:21 allegiance.

09:06:21 >>> Good morning.

09:06:27 Heavenly father, you know the needs of the City of Tampa and

09:06:32 its citizens.

09:06:33 This morning we pray that you be with the leaders, that they

09:06:36 may work together to make wise decisions in the best

09:06:39 interest of the people, that opportunities be created and

09:06:41 taken advantage of, and that moving forwards there might be

09:06:47 peace and harmony that needs are provided for, handled with

09:06:53 care and with concern.

09:06:54 In Jesus' name, amen.

09:06:56 [ Pledge of Allegiance ]

09:07:02 >>CHARLIE MIRANDA: Roll call.

09:07:20 >>MIKE SUAREZ: Here.

09:07:23 >>YVONNE CAPIN: Here.

09:07:24 >>FRANK REDDICK: Here.

09:07:25 >>HARRY COHEN: Here.

09:07:28 >>CHARLIE MIRANDA: Here.

09:07:29 >>HARRY COHEN: Mr. Chair, I have a memo here from

09:07:36 Councilwoman Montelione asking that she be permitted to

09:07:41 participate remotely.

09:07:43 And I would like to make a motion to allow her to do that.

09:07:45 I believe she's on the line.

09:07:47 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

09:07:49 Mr. Suarez.

09:07:50 Discussion by council members?




09:07:51 All in favor of the motion please indicate by saying aye.

09:07:54 Opposed nay.

09:07:55 Motion passes unanimously.

09:07:57 Good morning, Lisa.

09:08:03 Let me go on.

09:08:05 We had a special called meeting, and during that meeting I

09:08:07 inadvertently did not put into the record the individual

09:08:10 members of council who had sent in requests stating that the

09:08:18 special called meeting, Councilman Reddick, Montelione and

09:08:22 Mulhern, so I am doing that today, and I also have a letter

09:08:25 from council member Mulhern and Montelione stating that they

09:08:29 would not be in this morning.

09:08:33 Okay, I need the minutes of the meeting held June 28th

09:08:39 for approval.

09:08:39 >> So moved.

09:08:40 >> Second.

09:08:40 >> I have a motion by Mr. Cohen, a second by Mr. Suarez.

09:08:44 All in favor of the motion please indicate by saying aye.

09:08:46 Opposed nay.

09:08:49 The ayes have it unanimously.

09:08:55 Okay, she's here and I heard that nice voice.

09:09:00 Ceremonial activities.

09:09:02 Lisa, we are going to ceremonial activities, and then we

09:09:05 will go to the approval of the agenda and public comments.

09:09:09 I'm sure if at any time you don't hear us and you get




09:09:13 disconnected just dial again.

09:09:15 Okay, presentation to the Philmore family, making a

09:09:27 recommendation for this commendation was chairman -- I mean,

09:09:32 the CRA, chair Mr. Reddick.

09:09:37 >>FRANK REDDICK: I am going to request Q that we do item

09:09:40 number 2.

09:09:40 Is she here?

09:09:45 Oh, okay, I thought she was not here.

09:10:14 Let me first offer condolences to you and your family for

09:10:18 the loss of your husband.

09:10:20 And I wanted to take this opportunity ton present him this

09:10:23 recognition on his behalf to you, because a citizen of this

09:10:33 community, a great person who served the City of Tampa well,

09:10:36 and we just wanted to recognize him for his service.

09:10:42 And this commendation is being presented to the family of

09:10:50 Sammie Lee Philmore, Sr.

09:10:54 In T Tampa City Council would like to take this opportunity

09:10:58 to congratulate you for your 30 years of dedicated service

09:11:01 in law enforcement, and your willingness to go above and

09:11:05 beyond the call of duty, and we are truly proud to have him

09:11:14 as a member of what we recognize as Tampa's finest.

09:11:17 The Tampa City Council express appreciation and gratitude to

09:11:23 one who served so many in our community.

09:11:28 This is signed by all seven members of the Tampa City

09:11:30 Council, presented the 19th day of July 2012.




09:11:35 Again, we send our condolences to you.

09:11:42 [ Applause ]

09:11:43 >> I want to extend the condolences of the Tampa Police

09:12:20 Department.

09:12:21 And you see so many men and women from the Tampa Police

09:12:23 Department to pay our respects for the service of sergeant

09:12:27 Philmore, and I did not know him.

09:12:29 He actually came to work at the police department before I

09:12:32 was born.

09:12:35 And when I graduated from high school.

09:12:37 But I learned about him at his funeral service.

09:12:42 And to understand and recognize the obstacles that he had to

09:12:47 overcome in order to not only change the culture at the

09:12:53 Tampa Police Department, but to also be recognized for his

09:12:56 talent and ability, and to reach the ranks of sergeant is

09:13:03 phenomenal.

09:13:03 And I would venture to say that based on the obstacles that

09:13:08 he faced, to accomplish the rank of sergeant, he probably

09:13:12 deserved that promotion as much or more than anybody at the

09:13:15 Tampa Police Department.

09:13:17 And before it comes time for a eulogy I would like to thank

09:13:23 all of those individuals that were the true trailblazers in

09:13:26 law enforcement, and there are a few -- Frank Gray, Marcus

09:13:30 Larry, Rufus Lewis, that are still alive today that really

09:13:34 made the police department what it is today, which is an all




09:13:37 inclusive agency.

09:13:39 And to hear them speaking at Sammie's funeral and to

09:13:43 understand what they went through and the discrimination --

09:13:46 and they all have such a positive attitude about it -- and

09:13:51 they effected positive change.

09:13:54 So on behalf of the men and women of the Tampa Police

09:13:56 Department, we extend our condolences to the Philmore

09:14:00 family.

09:14:00 He was an amazing individual, all that he accomplished is

09:14:04 just simply amazing.

09:14:07 And we thank you for his service to the City of Tampa.

09:14:11 Thank you, council.

09:14:18 >>CHARLIE MIRANDA: Thank you all very much.

09:14:22 The next, item number 2, is a presentation, commendation by

09:14:28 request of council member Suarez.

09:14:34 Commendation to pop CUESTA.

09:14:38 >>MIKE SUAREZ: It's my distinct pleasure and honor as a

09:14:46 graduate of Jefferson high school to be here.

09:14:49 Yes, I am a graduate.

09:14:51 It's hard to believe that I graduated from a high school.

09:14:55 >>CHARLIE MIRANDA: You were the fifth-year graduate

09:14:57 [ Laughter ]

09:14:58 >> It was only a three year school when I went.

09:15:01 As a Jefferson dragon, one of the things that we do know is

09:15:05 that in all the years that Jefferson has been a high school,




09:15:08 we weren't always good in pretty much any other sport except

09:15:13 for baseball.

09:15:14 We have become much better at football now and some other

09:15:17 sports.

09:15:17 But it's a testament to Pop Cuesta that Jefferson high

09:15:23 school had such a high level of expertise, skill and

09:15:28 athletic ability as a school.

09:15:30 Of course, the athletes are what make the team.

09:15:33 But without a great coach, you can't win.

09:15:36 It's my proud pleasure to give this Tampa city commendation

09:15:42 to Pop Cuesta.

09:15:47 He won the Saladino tournament for the first time in 20

09:15:51 years.

09:15:51 What took you so long?

09:15:53 Your competition.

09:15:54 And for the past 40 years, Pop has been a presence on the

09:15:58 campus, a presence on the baseball diamond.

09:16:01 He has had several very famous well-known major leaguers

09:16:06 like Fred McGriff and Tino Martinez and Gonzalez and

09:16:12 others that made the major leagues like -- I remember when

09:16:21 he played for the Minnesota twins and was up there.

09:16:24 So he was another great ball player that played in the major

09:16:27 leagues.

09:16:28 And I think that we forget the kind of dedication and work

09:16:32 that it takes to really get to the major leagues and to




09:16:35 actually play in Hillsborough County, because it's such a

09:16:38 great county for baseball.

09:16:40 So I want to present this commendation to a native of Ybor

09:16:43 City, pop CUESTA for his 600th win.

09:16:53 >> And this presentation is not from City Council.

09:16:56 This is from the chairman of City Council, some team named

09:17:01 Cuscaden park, I don't think I ever heard of them, from

09:17:05 1954.

09:17:06 I think all the members of this team signed this ball.

09:17:09 I don't know why Charlie Miranda's name is so big, takes up

09:17:12 half the ball.

09:17:13 [ Laughter ]

09:17:14 But you remember those guys went in '54 to Cuba, and played

09:17:19 down there, and actually -- was it last year, Charley, they

09:17:24 went back?

09:17:27 >>CHARLIE MIRANDA: Yes, they did.

09:17:27 >> I want to thank City Council.

09:17:33 And of course like you said, you have to be ball players to

09:17:35 be successful and I have been blessed to have some pretty

09:17:38 good ball players.

09:17:39 I coached baseball there.

09:17:40 I coached football.

09:17:42 There's one of my football players right here in uniform.

09:17:45 So it's been an interesting 42 years.

09:17:50 The kids have been great.




09:17:54 Had great administrators.

09:17:55 Parents have been great.

09:17:56 And then again there's a few that weren't great --

09:18:04 [ Laughter ]

09:18:04 But that comes with the territory.

09:18:06 But I have enjoyed it.

09:18:07 I want to thank you all for this.

09:18:09 And I really appreciate it.

09:18:10 Thank you very much.

09:18:12 >>CHARLIE MIRANDA: Thank you, Pop.

09:18:17 I have known you for a long time.

09:18:19 I don't know your first name.

09:18:20 >> Amaterio.

09:18:25 >> In a wonder they call you pop.

09:18:26 And I mean that.

09:18:27 That's more character, and I grew up with a lot of

09:18:31 individuals that I knew their nickname and he's one of them.

09:18:36 I can see why they call you pop.

09:18:43 Thank you very much.

09:18:44 Not only for the wins.

09:18:46 That's only a W and L.

09:18:48 But for the time you spend with these kids and made a

09:18:51 difference in their lives in the future.

09:18:52 And I appreciate it.

09:18:53 And I played with some of the characters that you well know,




09:18:57 and we want to thank you for allowing the resurgence of that

09:19:01 old team to come back and practice with you and play your

09:19:05 teams' fathers.

09:19:07 We are really appreciative.

09:19:08 I think besides me, I won't be there, but they are coming

09:19:10 back to play one more time.

09:19:12 >> I have film of your first practice there.

09:19:19 It was something that people would have appreciated.

09:19:21 Pulled ankles, pulled hamstrings, take one swing, "I gotta

09:19:27 go home."

09:19:28 How you made it to Cuba, I don't know.

09:19:30 [ Laughter ]

09:19:37 >>CHARLIE MIRANDA: All right, thank you very much.

09:19:40 [ Applause ]

09:19:45 Okay, the next item is the approval of the agenda and the

09:19:48 addendum.

09:19:48 >> Move to approve.

09:19:54 >>CHARLIE MIRANDA: Moved by Mr. Reddick, second by Ms.

09:19:56 Capin.

09:19:56 All in favor?

09:19:57 Opposed?

09:19:59 The ayes have it unanimously.

09:20:02 Okay, we go to the public comments for 30 minutes total.

09:20:09 Those that are going to speak on items on the agenda first.

09:20:14 Other than items that are set for public hearing.




09:20:18 Those who are set for public hearings, you will have to

09:20:20 speak during that time because they are for a time certain.

09:20:24 Other than that, and to speak on something on the agenda

09:20:26 first, and then those that are not items on the agenda.

09:20:30 Yes, sir.

09:20:40 >> Pete Johnson, 510 Harrison street.

09:20:59 You all know that I am very active in trying to get problems

09:21:02 taken care of, like drug houses.

09:21:06 This is a massive problem throughout the city.

09:21:11 If you will look in your folders, as soon as they are all

09:21:15 out, the first page shows you an example of one case that I

09:21:21 have been working on for almost a year now trying to get

09:21:24 this drug house closed.

09:21:28 It's illegal boarding house, illegal apartment building,

09:21:31 whatever.

09:21:34 These are the decisions by the department.

09:21:37 You turn the page.

09:21:40 The first page you will see the code statement of what needs

09:21:44 to be done to correct the problem to complete with the code.

09:21:50 You turn another couple of pages to the next tab and you

09:21:55 will see LDC's report of what needs to be done to correct

09:22:00 the problem according to the code.

09:22:04 Two more pages, to the third tab, and you will see what code

09:22:14 did.

09:22:14 It has nothing to do with what is required by the hearing or




09:22:21 LDC.

09:22:24 This is based on nothing having to do with residential

09:22:28 property.

09:22:29 It has to do with dwelling.

09:22:34 The definition of a dwelling.

09:22:37 If we rely on this, as we have in the past, we are shooting

09:22:42 ourselves in the foot.

09:22:46 If you look farther, you will see electrical meters that the

09:22:52 city cannot find permits for, but TPD -- or Florida power

09:22:58 and electric says they can't be there without approval by

09:23:00 the city.

09:23:01 Those are still there.

09:23:04 There's nothing from stopping this property owner from

09:23:08 reusing these units illegally.

09:23:13 You see the TPD reports of drugs, prostitution and crime.

09:23:21 If you go back to the very front, you will see these.

09:23:27 These are the cases that we are trying to get through and

09:23:31 cleaned up.

09:23:32 But we are going to run into the same problem as this case.

09:23:36 It's a revolving door.

09:23:39 This is all the rentals in VM Ybor and the owners.

09:23:49 I'm sorry, it's time the city takes a stand that something

09:23:55 right for a change, do what they say it's going to do and

09:23:58 protect the neighborhoods.

09:23:59 Thank you.




09:24:00 >>CHARLIE MIRANDA: Thank you very much.

09:24:01 Next please.

09:24:12 >> My name is Nathan Schwartz, student of psychology at USF,

09:24:18 and concerned member of the Tampa community.

09:24:20 I would like to describe today City Council the difference

09:24:25 between beautifying an area and junkifying an area.

09:24:31 Had a track record for beautifying the Tampa community.

09:24:34 Ever since we moved to freedom park we have beautified the

09:24:38 area, installed gardens, and helped community members with

09:24:41 their needs.

09:24:43 People who are direct neighbors of the park had no problems

09:24:45 with us, and in fact helped each other out.

09:24:49 We also formed mutual relationships with the neighbors

09:24:53 across the street.

09:24:54 It's called beautifying the area which makes life better for

09:24:57 those in the area.

09:25:00 Under the guise of protecting property values and developing

09:25:04 the economy.

09:25:05 If these petitioners had attempted to beautify the area they

09:25:09 would have worked with us and come down to talk to us rather

09:25:11 than underhandedly start add petition to remove us and it

09:25:15 seems their efforts to repo of improve the economy -- we

09:25:20 asked for the written petition twice now and have yet to

09:25:23 receive it at all.

09:25:25 Makers of this petition, they have plans to junk Phi the




09:25:32 area, and this remove occupants from their homes.

09:25:38 People are out to destroy their mutual aid relationships

09:25:41 like social capital among the residents, people would lose

09:25:46 their babysitters, their friends, need of support.

09:25:48 When they depend on each other they form a real community

09:25:52 and people have a community far more real than those people

09:25:56 in the suburbs have.

09:25:58 The housing is leveled and condominiums and other avenues of

09:26:01 economic development are put up instead.

09:26:04 This displaces thousands in an area where homelessness is

09:26:07 already a huge problem.

09:26:08 This is economic development for the few, not the many.

09:26:10 Developers stand to make millions of dollars by displacing

09:26:13 these people from their homes.

09:26:14 This is not economic development in any sort of regard for

09:26:18 what makes Tampa a unique community.

09:26:20 It's simply a ploy to make money for the few without regard

09:26:23 for real peoples lives.

09:26:26 The makers will deny it, it is economically and politically

09:26:29 charged.

09:26:30 The two go hand in hand.

09:26:31 They want us to go out of hands because they are directly at

09:26:35 odds with plans to replace the people with some superficial

09:26:38 economic development.

09:26:39 If they truly cared about the area they are currently in, it




09:26:44 would help us with our beautification project rather than

09:26:46 going behind our back in a nontransparent way to remove us,

09:26:49 but the council sees the petition plans,

09:27:00 >>CHARLIE MIRANDA: Thank you very much.

09:27:00 Next please.

09:27:02 >> I'm Triston. I moved to Tampa on December 24th and

09:27:09 started my involvement with Occupy Tampa in January after

09:27:11 they moved to Voice of Freedom Park.

09:27:14 The people signing the petition insists that politics has

09:27:14 nothing to do with it and I disagree for two reasons.

09:27:19 I will start with a quick story.

09:27:21 I ended up in Tampa because several large corporations did

09:27:23 what they do best and screwed my family.

09:27:25 An insurance company, they went back on their end of the

09:27:29 bargain, they lied.

09:27:30 So my dad lost his income. My dad, despite his severe

09:27:32 disability, worked as a substitute school teacher.

09:27:36 My mom went back to work as an office manager.

09:27:38 Despite the two jobs, we could no longer make our monthly

09:27:42 mortgage payment.

09:27:43 The bank had no interest in modifying our loans so they

09:27:43 foreclosed on us and kicked us out. Long story short, I had

09:27:48 to leave college and move to Tampa where my grandparents

09:27:51 could help support us.

09:27:52 My mom recently found out in order to sign onto her health




09:27:55 insurance benefits at work, her $800 paycheck was reduced to

09:27:59 $200.

09:28:00 Without insurance the medicine needed to function cost $600

09:28:03 a month.

09:28:05 Corporations destroyed my family and moved us thousands of

09:28:07 miles across the country away from our friends and the rest

09:28:09 of our family.

09:28:10 I miss my sister dearly. I'm sure some people in this room

09:28:13 could tell a similar story.

09:28:15 Motivating Occupy Wall Street, and the wider Occupy

09:28:18 movement, because it became clear that we the people could

09:28:20 no longer engage politics as usual to influence change.

09:28:23 I bring all this up because we moved to an area composed of

09:28:26 some of the most disenfranchised of the 99%.

09:28:30 If you share our grievances or even if you don't but support

09:28:31 our cause, even if you can't measure our progress, even if

09:28:38 we accomplish nothing at all, the fact remains that we must

09:28:41 do something.

09:28:47 If you support us, instead of petitioning us to leave, you

09:28:49 all participate.

09:28:50 Remain a transparent all inclusive movement.

09:28:53 We collectively create our vision of the future of the world

09:28:56 and the park and you can influence that.

09:28:59 If you want us to care about you, then you need to care

09:29:03 about us.




09:29:03 In fact, no difference exists between us because we are all

09:29:05 the 99%.

09:29:07 During our heyday at Voice of Freedom, we had a library, a

09:29:09 medical tent, a kitchen, an arts and culture tent and work

09:29:12 group tent, and participants, only a few people from the

09:29:17 area helped sustain it.

09:29:18 In retrospect, we should have focused more on engaging the

09:29:22 community.

09:29:25 This should belong to the local community.

09:29:26 I want to instill a sense of ownership in the people around

09:29:29 our park.

09:29:29 At the barbecue we hosted to address the concern we received

09:29:34 a surprising degree of support from those who live and work

09:29:35 nearby.

09:29:35 This alone demonstrates the West Tampa community development

09:29:37 corporation does not represent everyone in West Tampa nor

09:29:41 City Council.

09:29:42 Nathan addressed the other reasons that we consider it

09:29:44 political.

09:29:46 I didn't move here in time to enjoy the police misconduct at

09:29:50 Curtis Hixon but I can tell you that the public space became

09:29:52 necessary to disrupt business as usual and take the

09:29:55 revolution out of the Internet and into the real world.

09:29:59 When we moved to freedom park, the residents of West Tampa

09:30:02 like much of the 99% -- oh -- had become involved at the




09:30:07 grocery store next to us and support us by the way.

09:30:10 A woman asked me what we are all about.

09:30:11 (Bell sounds).

09:30:16 >>CHARLIE MIRANDA: Thank you very much.

09:30:17 Next please.

09:30:17 >> My name is Susie Shannon, a resident of West Tampa.

09:30:25 I'm a home owner in West Tampa, have been for ten years.

09:30:29 I want to address the item number 81, Occupy Tampa code

09:30:34 enforcement and police issues.

09:30:37 And I would like to say that we have certainly had code

09:30:41 enforcers --

09:30:44 >>CHARLIE MIRANDA: This is set for a time certain but go on.

09:30:47 It's unfinished business.

09:30:48 I'm sorry to interrupt.

09:30:50 Go on.

09:30:51 I'm sorry.

09:30:51 >> And we have complied with every request, and we have

09:30:54 maintained a safe park.

09:30:56 We have an internal process for getting rid of disrupters

09:30:59 ourselves, and that process includes community

09:31:06 communication.

09:31:07 We talk to people who are troublemakers.

09:31:09 We tell them why we consider them troublemakers.

09:31:11 And we don't do it one or two of us.

09:31:13 We try to engage the entire group, so that the person learns




09:31:16 from the process why their behavior has become unacceptable.

09:31:23 We actually have people in the room today who have undergone

09:31:25 this process and know once they are asked to leave we will

09:31:28 shun people who do not say, okay, I've learned from this

09:31:31 process and I want to try.

09:31:34 So we do give people the chance to try and change to be less

09:31:40 disruptive and more participatory.

09:31:44 So we understand the petition process.

09:31:46 We understand the neighbors asking us to change.

09:31:50 And we understand the neighbors asking us to leave.

09:31:53 We don't believe the petition is really for the neighbors

09:31:58 because the neighbors have come out to us and the people in

09:32:00 our immediate area embrace us, see that our vision is good

09:32:05 for them, and they want to be a part of the way we see the

09:32:09 future.

09:32:13 We have asked for the petition and have not Don a chance to

09:32:17 see it so its educational value is lost on us.

09:32:19 We can't learn from it.

09:32:20 We can't comply with what the community wants because they

09:32:23 won't share their complaints with us.

09:32:25 We did meet with members of the community, and it was a very

09:32:28 successful meeting.

09:32:30 We feel like we have a lot to move forward on, that we have

09:32:33 good partners to do that with, and that the people who

09:32:37 remained outside of the process, or who didn't agree to work




09:32:43 with us are people who stand to profit from the

09:32:47 gentrification of West Tampa.

09:32:49 We are not opposed to economic development of West Tampa,

09:32:52 but we want that by and for the people in West Tampa, not

09:32:57 outside to come in and offer minimum wage jobs to the few

09:33:02 people who remain.

09:33:03 So we are supporters of West Tampa and would like to work

09:33:06 with them in the future.

09:33:08 >>CHARLIE MIRANDA: Mr. Reddick?

09:33:12 >>FRANK REDDICK: Ma'am, let me just ask you a question.

09:33:15 You say you live in West Tampa?

09:33:17 >> Yes, sir.

09:33:18 >> You live at freedom park?

09:33:19 >> I do not.

09:33:20 I'm a home owner in West Tampa on north B street.

09:33:24 >>FRANK REDDICK: All right.

09:33:25 If you want a copy of the petition, I will give you a copy.

09:33:27 >> Thank you.

09:33:29 >>FRANK REDDICK: Just check with my office and we'll give

09:33:32 you a copy of the petition.

09:33:33 >> I will do that.

09:33:34 Thank you.

09:33:36 >>CHARLIE MIRANDA: Next, please.

09:33:37 >> Ron Weaver, 401 East Jackson Street, and I'm here with

09:33:44 partners from capital, and we would like to speak briefly to




09:33:52 item 17 which is park funding and as recently as 7 a.m. this

09:33:59 morning, there will be another public hearing with the

09:34:02 details with respect to that park, and we do support the

09:34:05 funding but we do appreciate this morning the staff

09:34:08 confirming that there will be another public hearing with

09:34:11 respect to the details of the plan for the park with

09:34:14 respect.

09:34:23 My client has focused on mixed use in this area including

09:34:28 Hillsborough, Pasco and Pinellas County.

09:34:29 They are the primary owners of the parcels that constitute

09:34:34 the commercial and 70% of the waterfront that is the heights

09:34:38 project.

09:34:39 Therefore with a background of helped Pasco County with

09:34:42 their mobility fee, working with government, and today on

09:34:46 item number 66 which addresses the question -- today is not

09:34:50 the time and place to discuss that allegation of default.

09:34:54 Respectfully, this particular team, the successor and stands

09:35:01 in the shoes of the largest creditor to the Heights.

09:35:05 They are capable.

09:35:06 They are financially strong.

09:35:07 They are experienced in these kind of mixed use projects,

09:35:10 having provided insight to teams throughout this area with

09:35:14 respect to mixed use.

09:35:17 There are 155 units, HUD section 8, along the river, north

09:35:22 of the Heights, fee title to the riverfront partners, Bank




09:35:26 of America, commercial assemblage in the Heights of over a

09:35:29 dozen acres, most of the waterfront, and hold an $8 million

09:35:33 lean and judgment against the remainder of the Heights

09:35:36 property which is now a part of the bankruptcy estate.

09:35:39 Our clients are not in bankruptcy, have not been in

09:35:42 bankruptcy.

09:35:42 They provide the guidance, the experience, and the financial

09:35:46 wherewithal to make sure that working with the city, we can

09:35:49 make this project work.

09:35:53 Assumption is of the majority of the commercial projects at

09:35:54 the Heights, we have been continuously active to resurrect

09:35:58 the project.

09:35:59 Bankruptcy, we met with Tampa, and we tried to develop this

09:36:03 project, we have tried to work well together.

09:36:06 This team knows how to work well with government.

09:36:08 We would simply like to continue to work with you and obtain

09:36:11 your guidance in doing so.

09:36:13 The Heights area has great potential to drive long

09:36:17 anticipated redevelopment at the Heights, river Heights and

09:36:21 West Tampa.

09:36:22 The CRA, the CDD, public private partnership agreement and

09:36:26 the established increment district are critical components

09:36:29 as you saw yesterday in your excellent charrette on North

09:36:33 Boulevard with respect to the rose foundation planning, we

09:36:38 believe the debate on the legality of the agenda item 66




09:36:42 should be handled at an appropriate time and we welcome any

09:36:46 questions.

09:36:46 Thank you.

09:36:48 >>CHARLIE MIRANDA: Thank you very much.

09:36:49 Next, please.

09:36:49 >>LISA MONTELIONE: Mr. Chair, this is Lisa. Can I ask Mr.

09:36:58 Weaver a question?

09:36:59 Mr. Weaver, can you hear me well?

09:37:02 >> I can, thank you.

09:37:02 >>LISA MONTELIONE: Item number 66 is only setting for

09:37:08 public hearing, is what I understand, two public hearings

09:37:12 August 2nd and August 15th.

09:37:14 So between now and August 2nd there may be an

09:37:23 opportunity for you to address qualifiers what the issues

09:37:25 are regarding development application?

09:37:28 >> Absolutely.

09:37:29 We are delighted to continue and we talked as recently as

09:37:32 7 a.m. with city staff, and we will continue to do so, madam

09:37:37 council member.

09:37:41 We will continue that personally and I assure you we welcome

09:37:44 your questions on this.

09:37:45 >>LISA MONTELIONE: Thank you very much.

09:37:47 >> Thank you, madam Councilwoman.

09:37:50 >>CHARLIE MIRANDA: Next please.

09:37:51 >> Donny Rhode, 412 Madison Street.




09:37:58 69, 75, 76, 77, 78, 79 are all about zoning which is where

09:38:03 your area of expertise lies.

09:38:06 However, when you get to item number 81 and look for ways to

09:38:11 boot a bunch of stragglers inaccurately referred to as

09:38:14 Occupy Tampa out of a desolate vacant lot in a desolate part

09:38:16 of town only slightly more attractive than historic Kiley

09:38:20 gardens but leaks less, please try to remember what else you

09:38:23 did over this last year.

09:38:24 Remember that when you had an opportunity to do so, you did

09:38:27 nothing to facilitate, protector even recognize free speech.

09:38:31 Remember when you get to item number 81 that when it was

09:38:34 time to address homelessness head on that not one of you

09:38:37 so-called freedom fighters did one thing to address

09:38:40 homelessness except pork barrel and grease ball a few well

09:38:45 chosen contractors, property owners and supposedly nonprofit

09:38:49 salary suckers on the take.

09:38:51 When you get to item number 81 remember that the speeches

09:38:54 that you experts gave us on Jim crow laws, time, place and

09:38:58 manner, and that lady listening from afar now, the 29

09:39:02 arrests that occurred in December of 2011 occurred at

09:39:06 Malio's, believe it or not.

09:39:09 Remember that you stood by while free speech was murdered

09:39:12 off and free speech matters most and that's when the protest

09:39:15 was right over here in the downtown sector in that public

09:39:18 park.




09:39:19 Remember when you get to item number 81 that you spent more

09:39:22 time figuring out three ways to save seven on a street sign

09:39:25 than you spent insuring people from all over the country

09:39:28 that they could come here and enjoy a parade route and a

09:39:31 gathering point that was not located on the road that made

09:39:36 prostitution famous.

09:39:38 Remember how long you spent officially discouraging the

09:39:42 desecration of Cuban sandwiches with mayonnaise.

09:39:46 Remember when you get to item number 81 that you allowed

09:39:49 high ranking officers and lawyers to cut, plagiarize and

09:39:53 print to come in and avoiding any direct questions on the

09:39:57 record but chose instead to have secret back room meetings

09:39:59 out of the sunshine and out of the public view.

09:40:04 And remember that they told you that, oh, by the way, six

09:40:08 inches is actually six feet.

09:40:10 Remember when you get to item number 81 that all you have to

09:40:12 do to get rid of the last of the Main Street stragglers is

09:40:16 to find an ordinance from another municipality and go ahead

09:40:19 and photocopy it here.

09:40:23 About 16, 18 pages of the silly clean zone legislation was

09:40:30 copied verbatim from Charlotte.

09:40:31 No one here offered anything any more than I offered four

09:40:36 score and seven.

09:40:37 I don't live in Charlotte but I'm tired of sleeping in their

09:40:41 Web site and I'm glad to be back here once again in the




09:40:43 clean zone.

09:40:44 Thank you, ladies.

09:40:45 >>CHARLIE MIRANDA: Thank you very much for being so kind.

09:40:47 Next please.

09:40:47 >> Good morning.

09:40:53 I thought this was going to be addressed later, but since I

09:40:57 sat here and heard some disparaging remarks about the

09:41:01 originators of the petition of West Tampa, we have several

09:41:05 signatures here from residents that live right in that area

09:41:09 that they are not pleased with this, how they address is,

09:41:16 their opinions on this petition.

09:41:19 I really think that the occupy situation has boiled over to

09:41:25 become a very volatile situation in West Tampa, and it needs

09:41:29 to be addressed, and I think the city needs to step in and

09:41:34 hear the people in the community.

09:41:36 I participated.

09:41:38 I have gone to occupy meetings.

09:41:41 I haven't seen any evidence of anything that they have done

09:41:43 to engage the community.

09:41:45 I have seen a few flyers on Main Street but I haven't seen

09:41:50 them engaging the neighbors and the community.

09:41:53 They say that they put a garden, or they beautify -- well,

09:41:59 there's architectural design for that park.

09:42:02 I happen to know the person that designed the park.

09:42:06 And to put a couple of plants in designated areas that's not




09:42:10 beautification.

09:42:12 That's just throwing plants together.

09:42:14 I think this situation needs to be addressed real soon,

09:42:18 because when the Republican convention comes there's going

09:42:22 to be a lot of people in our community that we don't know

09:42:24 anything about.

09:42:26 Protestors are not coming in our community for fun.

09:42:29 So I really think that West Tampa needs to be heard.

09:42:34 And I really think that occupation of West Tampa by the

09:42:39 occupiers is actually disrespectful to our community.

09:42:43 I mean, they came in our community without our asking them

09:42:47 to, and I really think Joe Redner was wrong for allowing

09:42:51 them to come into our community.

09:42:54 Who wants a tent city sitting behind their fence?

09:42:58 Our community doesn't want that.

09:42:59 I think they should find a place that's more suitable for

09:43:03 their protest.

09:43:05 That's my opinion.

09:43:06 Thank you.

09:43:06 >> We need your name for the record, sir.

09:43:10 >> My name is George Smith, and I am not a developer.

09:43:12 I'm a barber in the community and I grew up in the

09:43:15 community.

09:43:16 I don't see where I am going to benefit any.

09:43:19 >>CHARLIE MIRANDA: Thank you.




09:43:19 That's a long name.

09:43:20 Thank you.

09:43:22 Next please.

09:43:23 >> Mike Vannetta, president of the old West Tampa

09:43:31 neighborhood association.

09:43:32 I'm here about occupy.

09:43:35 I have been to all the meetings where we have tried to sit

09:43:38 down and talk and discuss how we could work together with

09:43:41 occupy.

09:43:44 After we had the meeting at the library, and we decided that

09:43:47 we would try to work together, I walked -- I didn't walk, I

09:43:53 drove to the occupy site to talk to the occupy towers see if

09:43:57 we couldn't work something out to make that park look

09:44:00 better.

09:44:00 And after I left, I was sitting home and thinking about how

09:44:05 we could rearrange those tents and how we could rearrange

09:44:08 all of that shelving and furniture and the tarp they have

09:44:12 flying up in the air for shade.

09:44:16 And I just couldn't come up with any solution that could

09:44:18 make that park look like a park again.

09:44:23 It's an eyesore.

09:44:25 My concern is that -- and while I was there talking to them,

09:44:30 that they are telling me how many more occupiers are going

09:44:33 to come the closer it's going to be to the convention.

09:44:37 And our little neighborhood can't handle influence of a




09:44:40 whole bunch of people.

09:44:42 It's going to become a parking problem.

09:44:44 And it's going to become more and more unsightly.

09:44:49 And that's it.

09:44:50 That's my concern.

09:44:52 I would like to have our park back.

09:44:54 >>FRANK REDDICK: Let me ask you one question.

09:45:01 I thought were going to be here when we get around to item

09:45:04 81.

09:45:04 >> Okay.

09:45:05 >>FRANK REDDICK: And I am going to raise this question with

09:45:10 staff when they come.

09:45:13 But when you met with the neighborhood -- the

09:45:18 representatives had a meeting, I believe, on Saturday, one

09:45:21 Saturday afternoon?

09:45:22 >> At the library?

09:45:23 Yes.

09:45:24 >>FRANK REDDICK: With the occupy group?

09:45:27 >> Yes.

09:45:28 >>FRANK REDDICK: I don't know if it happened before the

09:45:31 meeting or happened afterward, but I noticed there was a big

09:45:35 yellow school bus at the park.

09:45:40 Did that come before you all had that meeting or after?

09:45:44 >> It came before.

09:45:46 >>FRANK REDDICK: Came before.




09:45:47 Did they state to you during that meeting why they had the

09:45:50 school bus parked out there?

09:45:52 >> They are going to use it to haul people around town and

09:45:58 drop them off to protest in particular areas, and then my

09:46:02 understanding -- and I don't remember who it was that's

09:46:05 working on the bus -- that he said if the police come, they

09:46:08 are going to all load up and move somewhere else.

09:46:11 They are supposed to paint the bus blue or some color

09:46:14 because legally they can't drive at round being orange like

09:46:18 that.

09:46:20 But that's about as much as I know.

09:46:22 >>FRANK REDDICK: Do you know who donated the bus?

09:46:25 >> I don't.

09:46:25 >> And that bus is not actually on Redner's park.

09:46:30 >> It's in the alley -- well, I just wanted to ask you that

09:46:37 question but I will ask staff when they report to us when we

09:46:40 get to 81.

09:46:41 Thank you.

09:46:42 >>CHARLIE MIRANDA: Thank you.

09:46:43 Next, please.

09:46:43 >> I'm Alex Suarez.

09:46:48 I am going to speak in favor of the petition.

09:46:51 Corporately owned West Tampa camp, a camp owned by a man who

09:46:55 made himself rich off of exploitation of women is racist and

09:46:59 discriminatory toward those though believe in God.




09:47:03 Am I speaking third party?

09:47:05 No.

09:47:05 Unjustly forced out of camp which turned into anarchists and

09:47:12 elements with council vandalism, drug use and orgy.

09:47:17 There are no activists left who spend the night there.

09:47:20 When the AK general assembly happened to me back in April of

09:47:22 this year on camp, mind you this is the first time I talked

09:47:25 publicly about this.

09:47:26 It's not a vendetta but justice.

09:47:29 I was discouraged from speaking Spanish before we started, a

09:47:35 widow doing nonviolence.

09:47:37 I was the only one to show up to support her in court but it

09:47:40 was too late.

09:47:41 She signed a deal to pay monthly fees when she's a mother on

09:47:47 a pension.

09:47:48 If she becomes homeless as a result of this so what?

09:47:52 Later when she was in New York had her valuable documents

09:47:56 taken.

09:47:57 No doubt she has enemies on campus.

09:47:59 She is my friend.

09:48:00 I was told I only had intervals of two minutes to defend

09:48:03 myself.

09:48:03 I was told City Council also gives two minutes.

09:48:06 Is this not the system they are fighting? In a court of law

09:48:08 I would have more time.




09:48:09 Lincoln would be ashamed.

09:48:11 I was the first to be called out -- kicked out.

09:48:14 I swore to God the charges against me were not true.

09:48:19 And a known anti-christian is irrelevant.

09:48:22 He later perjured himself in court documents.

09:48:24 I respect atheism but they burned a sign that said in God we

09:48:28 trust.

09:48:29 They burned a sign that says we aren't going nowhere.

09:48:32 When Redner the owner of the camp was informed of the

09:48:34 discrimination he said it was not a complaint, even whites

09:48:38 that were kicked out were let back in.

09:48:40 In is not a free speech issue.

09:48:43 The revolution in camps, not they asked me why I am an

09:48:52 activist.

09:48:54 And now I fight for the future of her daughter.

09:48:56 There is no greater cause for me.

09:48:58 It gives me no satisfaction to expose my former comrades.

09:49:02 I do so with a broken heart who must speak the truth, even

09:49:04 if the petition is not passed occupy knows what the right

09:49:07 thing to do is, for all those kicked out unjustly.

09:49:12 >>CHARLIE MIRANDA: Thank you very much.

09:49:12 Next please.

09:49:13 >> I'm a human rights activist for Latinos and also from

09:49:25 Miami.

09:49:29 And one thing I noticed especially prevalent, it has nothing




09:49:32 to do with politics.

09:49:34 What it has to do more than anything, the negative effect of

09:49:37 the City of Tampa, the Facebook posts, everything that they

09:49:44 Post online saying they are going to bring 300 or 2,000 or

09:49:48 4,000 anarchists to the City of Tampa for the sheer sake of

09:49:54 madness and chaos.

09:49:56 I heard of the incident of November 2003 in Miami and that

09:49:59 was not a good thing.

09:50:00 Miami-Dade is still facing lawsuits, because of madness.

09:50:07 What I see as the most prevalent things about the voices of

09:50:10 freedom park, I went by there yesterday, and I believe

09:50:12 Councilwoman you were asking about the yellow bus.

09:50:15 That yellow bus, he's an activist from Miami, and it's not

09:50:21 meant to draw people around.

09:50:23 He's doing a show.

09:50:24 But the thing is this, that you drive by the camp, yes,

09:50:28 there's nobody there now, it's all cleaned up.

09:50:32 The latter part of August, 4 or 500 people sleeping there,

09:50:35 they plan to put them on tarps.

09:50:38 Really?

09:50:39 Putting them on tarps and in all this rainy weather.

09:50:42 First of all, it's a hazard to their health but the plan is

09:50:46 causing basic disruption of citizens, nothing more, nothing

09:50:49 less.

09:50:50 Everybody has a right to freedom of speech.




09:50:51 But for example, a very simple statement from a Miami-Dade

09:50:56 police department officer told me one time when he was at

09:50:58 occupy Miami, he told me I respect what you do, and remember

09:51:02 at the end of the day all of us are citizens, all of us have

09:51:05 the same rights, which means that their rights as they all

09:51:10 claim, the 99%, so on and so forth, all of us are equal, and

09:51:16 they believe that they are the supreme voice, and their

09:51:21 voice needs to be heard, and the basic point of what I am

09:51:26 saying because I ramble sometimes, if the community asks me

09:51:31 to leave, be gracious and say, okay, the community doesn't

09:51:35 want us here, let so I support the petition by those members

09:51:42 of the West Tampa community, and the business owners.

09:51:45 I hope that they graciously leave the community and find

09:51:51 house.

09:51:52 That's the ideal thing.

09:51:54 The Bolsheviks, hey, it's rainy in Florida during the

09:52:02 summertime.

09:52:04 Thank you very much.

09:52:05 I appreciate you guys' time.

09:52:07 >>CHARLIE MIRANDA: Thank you.

09:52:08 Next please.

09:52:09 >> [Distorted audio] My name is Jake -- 3006 forecast drive.

09:52:18 I don't really know where to begin to address that.

09:52:24 I don't know what role the council hopes to play with

09:52:28 regards to this situation.




09:52:32 I think that we would like to do everything we can to

09:52:36 address any concerns ourselves, outside of any of this, and

09:52:42 it might take -- I know it might take a little bit of time.

09:52:46 Our research is limited, but we would like to do everything

09:52:51 we can to address concerns of all parties involved with

09:52:53 regard to West Tampa.

09:52:57 Thank you.

09:52:59 >>CHARLIE MIRANDA: Next, please.

09:53:00 The last speaker will be Ms. Young.

09:53:05 Next, please.

09:53:06 >> My name is Juanita Robbins, and I would like to allocate

09:53:10 my time to --

09:53:15 >>CHARLIE MIRANDA: I don't think you can pass minutes unless

09:53:17 it's a public hearing on some item that is quasi-judicial

09:53:21 where you have a signed thing for three additional minutes

09:53:24 so I don't think that's possible.

09:53:27 But I will ask staff to give an opinion.

09:53:29 >>SAL TERRITO: Under the rules do you not give time during

09:53:33 public comment portion.

09:53:35 >>CHARLIE MIRANDA: You may continue with your speech.

09:53:37 >> Thank you.

09:53:42 >> My name is Jason Wilson.

09:53:45 I actually wanted to ask you questions, like for one, I

09:53:50 wanted to get a copy of this today that's going on, just

09:53:54 because there were facts I heard brought up about them




09:53:58 saying certain amount of waterfront properties.

09:54:02 I just want to know if there's any way we can find out the

09:54:05 information on who owns that, just because of the fact that

09:54:07 the waterfront property is the highest value property there,

09:54:11 and I think a lot of the people that own that property

09:54:13 should have a little bit more knowledge on what's going on

09:54:16 with their properties that they are trying to either take

09:54:19 from them through foreclosures or any other stuff going on.

09:54:23 I was just wondering if there's any way we can get more

09:54:26 information on that.

09:54:28 >>CHARLIE MIRANDA: Well, the clerk has -- I can't speak for

09:54:31 the clerk so I will let the clerk speak for the clerk's

09:54:33 office.

09:54:39 Next, please.

09:54:39 >> My name is Fred Hearns, 18017 Villa Creek Drive in Tampa,

09:54:53 and here to talk about 17, Waterworks Park.

09:54:57 I first want to congratulate the city, the mayor, council,

09:55:00 and staff for the $4.7 million.

09:55:04 I know it wasn't easy to get that money and to make the

09:55:07 decision to allocate that money for improvement in

09:55:12 Waterworks Park.

09:55:13 My main interest being here today is make sure we

09:55:15 appropriately recognize the real history of that property

09:55:18 when we develop it.

09:55:20 Back in 2005 when I was still with the City of Tampa, the




09:55:24 department of community affairs put together a group of

09:55:27 people, and we began to look at the history of that site,

09:55:31 particularly the history as contributed by

09:55:34 African-Americans, and it was our recommendation that Clara

09:55:37 Frank for whom the first hospital for blacks in Tampa was

09:55:41 named be recognized in that park.

09:55:43 That we believe, we have every reason to believe is going to

09:55:47 happen.

09:55:47 But in addition to that, there are many African-American

09:55:51 organizations as well as organizations who contributed to

09:55:54 the history of Tampa.

09:55:56 And I'm talking about all the way back into the 1800s.

09:55:59 It's been well documented, Brown, who spent two years here,

09:56:07 wrote two books, Tampa before the civil war, Tampa after the

09:56:10 civil war, and we know there were some 1300 people.

09:56:13 Most of those were Seminole Indians.

09:56:15 500 of those 1300 were blacks.

09:56:18 They were runaway slaves.

09:56:20 Some of them were free blacks who were captured by slave

09:56:23 catchers, and thrown behind what they call the thickets.

09:56:27 They were locked up in and around the area around Waterworks

09:56:30 Park.

09:56:31 There were 26 different ships that took them from Tampa to

09:56:36 New Orleans, and many of them settled out in the west.

09:56:39 There was a tremendous price paid by blacks and Native




09:56:42 Americans, and a lot of that happened right there at

09:56:46 Waterworks Park and at Tampa Heights, that area surrounding

09:56:49 it.

09:56:50 So I would really encourage you, if you would want to look

09:56:52 into the history of that area, when we recognize those

09:56:59 contributions that people made and particularly the

09:57:00 sacrifices that black people and Native Americans, and some

09:57:04 of those were black Seminoles that they made, and all of

09:57:08 that is well documented.

09:57:10 This book was written back in 1858 and it gives details of

09:57:13 the $8 million that the federal government paid to the

09:57:18 Seminole chief who was responsible for capturing those

09:57:21 blacks, those black Seminoles and the fellow Seminoles and

09:57:26 shipping them out west.

09:57:27 So again, I want to congratulate you on receiving those

09:57:30 funds.

09:57:31 Let's make sure we spend some of that money to appropriately

09:57:34 recognize the history of the area and the sacrifices that

09:57:38 black people and Native Americans made.

09:57:40 Thank you.

09:57:42 >>CHARLIE MIRANDA: Thank you very much, sir.

09:57:44 Next please.

09:57:44 >> My name is Lee Young-Green, 3406 -- Tampa Heights.

09:57:54 I am so happy to stand here this morning.

09:57:56 I can remember one of our dreams come true and we would




09:58:02 encourage them, ask you to please support that fully.

09:58:04 We are looking at -- we have already started looking at the

09:58:07 plans.

09:58:08 Of course, as you know, from about ten years ago, we started

09:58:11 looking at the overall planning for this area, and for our

09:58:15 entire neighborhood.

09:58:16 And this one is really, really achieving one of our goals.

09:58:20 So thank you so much for that.

09:58:24 Just quickly on item number 66, we are looking forward to

09:58:28 working through and understanding the details of that.

09:58:31 We know that there are a lot of legal aspects relating to

09:58:37 that, I think some known and some unknown at this time, but

09:58:41 we are certainly concerned that the overall development we

09:58:46 worked with so long to try to make that -- tried to impact

09:58:49 that development coming forward as a plan, that by removing

09:58:56 the planned development that that does not have all of the

09:59:01 parts that we were very particular about planning when we

09:59:05 did the planned development.

09:59:07 But we know there's times to work with that.

09:59:09 We talked to staff.

09:59:12 At the civic association and as the community advisory

09:59:16 committee.

09:59:17 We are looking forward to understanding more about that and

09:59:20 being ready for the August 2nd hearing.

09:59:23 Thank you.




09:59:24 >>CHARLIE MIRANDA: Thank you.

09:59:26 We appreciate it very much.

09:59:27 All right, that's the 30 minutes allowed for public input.

09:59:31 We go now to requests from the public for consideration of

09:59:35 legislative matters from our last meeting.

09:59:36 Anyone who wants to ask the council for that can come

09:59:41 forward now.

09:59:42 I see no one on that coming up for that.

09:59:47 We go to item number 3, ordinance for 3 and 4.

09:59:57 Motion by Mr. Cohen, seconded by Mr. Suarez.

10:00:00 The ayes have it unanimously.

10:00:02 Mr. Cohen, would you kindly take item number 3?

10:00:04 >>HARRY COHEN: I move an ordinance being presented for

10:00:07 first reading consideration, an ordinance amending 2011-92

10:00:13 vacating, closing, discontinuing and abandoning a certain

10:00:17 right-of-way, all that portion of Sterling Avenue lying

10:00:20 south of West Kennedy Boulevard, north of Roland street,

10:00:24 east of Dale Mabry and west of Himes Avenue, in Bon Air

10:00:27 subdivision, a subdivision in the City of Tampa,

10:00:30 Hillsborough County Florida, amending section 3 of said

10:00:33 ordinance to allow the petitioner additional time to comply

10:00:36 with ordinance conditions, providing an effective date.

10:00:40 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

10:00:42 Mr. Suarez.

10:00:43 Any further discussion by council members?




10:00:46 All in favor of the motion please indicate by saying aye.

10:00:51 Opposed nay.

10:00:52 The ayes have it unanimously.

10:00:53 >>THE CLERK: Motion carried with Mulhern being absent.

10:00:56 Second reading of the ordinance will be held on August

10:00:59 2nd at 9:30 a.m.

10:01:04 >>CHARLIE MIRANDA: Item number 4 is Mr. Frank Reddick.

10:01:07 Would you kindly take item number 4, please?

10:01:09 >>FRANK REDDICK: Move an ordinance being presented for

10:01:11 first reading and adoption.

10:01:13 An ordinance of the city of Tampa, Florida making revisions

10:01:16 to the City of Tampa code of ordinances, chapter 15,

10:01:20 parking, amending section 15-104, residential parking permit

10:01:25 only area, repealing all ordinances or parts of ordinances

10:01:30 in conflict therewith, providing for severability, providing

10:01:34 an effective date.

10:01:35 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, a second

10:01:37 by Mr. Cohen on item number 4.

10:01:39 All in favor of the motion?

10:01:41 Opposed?

10:01:41 The ayes have it unanimously.

10:01:42 >>THE CLERK: Motion carried with Mulhern being absent.

10:01:50 Second reading of the ordinance will be held August 2nd

10:01:52 at 9:30 a.m.

10:01:53 >>CHARLIE MIRANDA: We now go to committee reports.




10:01:55 Chairman Mr. Frank Reddick.

10:01:57 >>FRANK REDDICK: Move 5 through 16.

10:02:03 >>CHARLIE MIRANDA: Second by Mr. Suarez on a close vote with

10:02:04 Mr. Cohen.

10:02:05 All in favor of the motion please indicate by saying aye.

10:02:07 Opposed nay.

10:02:08 The ayes have it unanimously.

10:02:10 Ms. Montelione in the absence of Ms. Mulhern, parks,

10:02:15 recreation, culture committees, item 17 through 22.

10:02:26 Lisa?

10:02:27 >>LISA MONTELIONE: Oh, I'm sorry, I had the phone muted.

10:02:31 Yes, Mr. Chair, I move item 17 through 2.

10:02:37 >>CHARLIE MIRANDA: Second by -- through 22.

10:02:40 >>

10:02:41 >>: Second by Mr. Cohen.

10:02:42 The ayes have it unanimously.

10:02:44 Public Works Committee chair, Mr. Mike Suarez.

10:02:46 >>MIKE SUAREZ: I move items 23 through 32.

10:02:53 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

10:02:55 Discussion by council members?

10:02:57 All in favor of the motion?

10:02:59 Opposed nay?

10:03:00 The ayes have it unanimously.

10:03:02 Finance chair, items 33 through 41, Mr. Harry.

10:03:07 >>HARRY COHEN: Cohen I move items 33 through 41 with the




10:03:10 exception of 38 which I believe was pulled earlier by

10:03:13 Councilwoman Montelione.

10:03:14 >>LISA MONTELIONE: 34.

10:03:22 >>CHARLIE MIRANDA: 34 is out.

10:03:23 >>HARRY COHEN: I'm sorry, Watts 38.

10:03:26 >>LISA MONTELIONE: 38.

10:03:29 >>CHARLIE MIRANDA: All in favor?

10:03:30 Opposed?

10:03:30 The ayes have it unanimously.

10:03:33 Building, Zoning and Preservation Committee, council member

10:03:37 Lisa Montelione.

10:03:37 >>LISA MONTELIONE: I move items 42 through 59.

10:03:45 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

10:03:47 All in favor of the motion please indicate by saying aye.

10:03:50 Opposed nay.

10:03:51 The ayes have it unanimously.

10:03:54 Transportation committee chair, Yolie Capin.

10:04:00 >>YVONNE CAPIN: I move 60 through 65.

10:04:01 >> Second.

10:04:03 >>CHARLIE MIRANDA: Second by Mr. Reddick on a close vote

10:04:05 with Mr. Suarez.

10:04:06 All in favor of the motion?

10:04:08 Opposed?

10:04:09 The ayes have it unanimously.

10:04:11 Need a motion to set public hearings for 66 through 68.




10:04:14 Motion by Ms. Capin, second by Mr. Suarez.

10:04:17 All in favor of the motion please indicate by saying aye.

10:04:23 The ayes have it unanimously.

10:04:24 Now we go to second readings.

10:04:27 These are not -- quasi-judicial proceedings.

10:04:34 Need to open 69 and 70.

10:04:35 >> So moved.

10:04:36 >> Second.

10:04:37 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

10:04:39 Capin.

10:04:40 The ayes have it unanimously.

10:04:41 >>SAL TERRITO: She cannot vote on these items because they

10:04:52 are quasi-judicial.

10:04:54 >>CHARLIE MIRANDA: Mrs. Montelione, Lisa, on items that are

10:04:57 quasi-judicial, you are exempt from voting because you are

10:05:00 not here and you can't witness the expressions.

10:05:10 All right.

10:05:11 69 and 70 are open.

10:05:14 These are for second reading.

10:05:17 This is an ordinance of alcoholic beverage.

10:05:21 Anyone from the city going to make any presentations at all?

10:05:25 Anyone from the public care to speak on item number 69?

10:05:29 69, which is E-2012-8, 3. I see no one. Are you speaking

10:05:40 on this item?

10:05:41 I have a motion to close by Mr. Reddick.




10:05:43 Second by Mr. Suarez.

10:05:44 All in favor of the motion?

10:05:56 The ayes have it unanimously.

10:06:00 >>YVONNE CAPIN: An adoption, an ordinance of the city of

10:06:03 Tampa, Florida making revisions to the City of Tampa code of

10:06:06 ordinances chapter 3 alcoholic beverages amending section

10:06:09 3-41, possession, consumption on property operated or

10:06:13 supervised by the Parks and Recreation Department, temporary

10:06:16 alcoholic beverage special use permits granted for public

10:06:20 area, facility or property operated or supervised by the

10:06:25 Parks and Recreation Department, repealing all ordinances or

10:06:28 parts of ordinances in conflict, providing for severability,

10:06:32 providing an effective date.

10:06:34 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin.

10:06:36 I have a second by Mr. Suarez.

10:06:37 Roll call vote.

10:06:39 Vote and record.

10:06:49 >>SAL TERRITO: Mrs. Montelione can't vote.

10:06:56 >>CHARLIE MIRANDA: Lisa, did you hear that?

10:06:58 >> I heard Mr. Territo speak but I did not hear what he

10:07:01 said.

10:07:02 >>SAL TERRITO: 69 and 70 are non-quasi-judicial.

10:07:07 Therefore you can vote on these.

10:07:08 Since it's a roll call vote you will have to do it verbally.

10:07:11 >> Okay.




10:07:14 I vote aye, in support.

10:07:16 >>CHARLIE MIRANDA: Vote and record.

10:07:22 >>THE CLERK: Motion carried with Miranda voting no, and

10:07:25 Mulhern being absent.

10:07:28 >>CHARLIE MIRANDA: Motion passes 5 to 1.

10:07:30 Item number 70.

10:07:32 Anyone in the audience care to speak on item number 70?

10:07:36 I see no one.

10:07:38 Motion to close by Mr. Reddick, seconded by Mr. Cohen.

10:07:41 All in favor of the motion?

10:07:43 Opposed nay?

10:07:44 The ayes have it unanimously.

10:07:45 Mr. Suarez, would you kindly take item number 70, please?

10:07:48 >>MIKE SUAREZ: I present an ordinance being presented for

10:07:50 second reading and adoption, a temporary ordinance of the

10:07:53 city of Tampa, Florida providing for the use of nonmotorized

10:07:56 vehicles pedibuses in the central business district, Channel

10:08:00 District and Ybor City historic district during the

10:08:03 Republican national convention, providing for severability,

10:08:06 providing an effective date, providing for expiration date.

10:08:11 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

10:08:12 I have a second by Mr. Cohen, and Lisa, you are entitled to

10:08:19 vote.

10:08:20 We'll take roll call and you can vote.

10:08:24 Roll call vote.




10:08:26 Vote and record.

10:08:26 >>LISA MONTELIONE: I vote aye in support.

10:08:35 >>CHARLIE MIRANDA: Thank you, Lisa.

10:08:36 >>THE CLERK: Motion carried with Capin voting no and

10:08:44 Mulhern being absent.

10:08:47 >>CHARLIE MIRANDA: Motion passes 5-1.

10:08:53 Need to open 71 through 79.

10:08:57 Motion by Mr. Suarez, second by Mr. Cohen.

10:08:59 All in favor of the motion?

10:09:03 Nay?

10:09:03 The ayes have it unanimously.

10:09:04 These are quasi-judicial proceedings, so Mr. Attorney, would

10:09:09 you kindly state the rules?

10:09:11 >>SAL TERRITO: Mrs. Montelione, you may not participate in

10:09:13 the quasi-judicial items, 71 through 79.

10:09:22 >>CHARLIE MIRANDA: 71 through 79 are open.

10:09:25 We go to the -- this is the second reading.

10:09:34 Anyone from the city going to make a presentation on 71?

10:09:38 We are going to swear them in.

10:09:39 I'm sorry.

10:09:40 Anyone that's going to speak on 71 through 79 will have to

10:09:44 be sworn in.

10:09:45 These are quasi-judicials.

10:09:47 If you are thinking about it, please stand and be sworn in.

10:09:51 (Oath administered by Clerk)




10:09:54 >> Dennis Fernandez, historic preservation.

10:10:01 I'm a design manager here on the second reading for item 71

10:10:04 which is a property tax exemption for 1607 north 22nd

10:10:08 street.

10:10:09 This has been referred to as the Ferlita macaroni factory.

10:10:14 And I'm here today with a great deal of satisfaction in the

10:10:17 way that this building turned out and I hope you can share

10:10:20 that with me.

10:10:23 The Ferlita macaroni factory was constructed in 1924 to

10:10:27 house the ever-expanding Macaroni business of Jeseppa

10:10:34 Ferlita who was expanding his business from West Tampa.

10:10:37 You see photos of the Macaroni Factory and Ferlita family.

10:10:42 Later that building would be sold for use as a cigar

10:10:46 factory.

10:10:48 The Pedro Perez cigar factory.

10:10:51 The physical building stayed much the same.

10:10:55 Later the building would be used for warehousing into the

10:10:59 1960s and would eventually become vacant.

10:11:04 This is how the building would eventually appear in 2007.

10:11:13 Succumbing to next and years of deferred maintenance,

10:11:16 eventually the roof would collapse in on that building.

10:11:21 And the owner would make the request for demolition to the

10:11:25 Barrio Latino commission in 2009.

10:11:28 With a great deal of community support, professional

10:11:31 research, the Barrio Latino commission would eventually deny




10:11:36 that application.

10:11:36 There would be a great deal of community interest in this

10:11:41 particular property, which eventually would be awarded

10:11:48 stabilization dollars from the CRA and Ybor City to

10:11:51 stabilize the wall.

10:11:52 With intervention of the Italian club that building would

10:11:56 eventually be donated to their stewardship.

10:11:59 They would engage in stabilizing the building.

10:12:04 2010, with TMD properties and salt construction spearheading

10:12:12 the effort, that led to a structural system being introduced

10:12:15 into the building and eventually the roof being replaced

10:12:18 onto the structure.

10:12:20 TMD properties with a vested interest would eventually

10:12:25 strike a deal with the Italian club once they purchased the

10:12:27 building and begin to redevelop it for use of their offices

10:12:32 and sales business.

10:12:37 Fund through alone through the historic trust fund and

10:12:40 facade grant, this is how the building would eventually

10:12:43 appear, restored to its original appearance.

10:12:47 On the inside, the use was converted for sales office.

10:12:52 And you see how that appears today.

10:12:59 With much of their windows and doors that they represent

10:13:02 being displayed.

10:13:05 An addition was added to the second story to accommodate a

10:13:08 little bit of an expanded use.




10:13:14 That's how the structure appears at the end.

10:13:21 1607 north 22nd street is a testament to public-private

10:13:25 partnership, community interest, and the determination of

10:13:29 individuals who see the value in historic preservation.

10:13:31 This application is consistent with the secretary of

10:13:34 interior standards.

10:13:36 In reviewing it, it does meet the requirements by the

10:13:42 department of state, and the value necessitated for historic

10:13:45 preservation tax exemption only.

10:13:49 Thank you.

10:13:52 >>CHARLIE MIRANDA: Thank you very much.

10:13:53 Anyone in the audience care to speak on item number 71?

10:13:55 71?

10:13:57 I see no one.

10:13:59 I have a motion to close by Mr. Suarez, second by Mr. Cohen.

10:14:02 All in favor of the motion please indicate by saying aye.

10:14:04 Opposed nay.

10:14:05 The ayes have it unanimously.

10:14:06 Mr. Cohen, would you kindly take the second reading item

10:14:09 number 71?

10:14:11 >>HARRY COHEN: I move an ordinance being presented for

10:14:13 second reading and adoption.

10:14:14 An ordinance approving an historic preservation property tax

10:14:18 exemption application relative to the restoration,

10:14:21 renovation or rehabilitation of certain property owned by




10:14:25 TMD properties, LLC, located at 1607 north 22nd street,

10:14:30 Tampa, Florida, in the Ybor City historic district, based

10:14:33 upon certain findings, providing for notice to the property

10:14:36 appraiser of Hillsborough County, providing for

10:14:39 severability, providing for repeal of all ordinances in

10:14:41 conflict, providing an effective date.

10:14:45 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

10:14:46 I have a second by Mr. Suarez.

10:14:47 This is a roll call vote.

10:14:49 Vote and record.

10:14:56 >>THE CLERK: Motion carried with Mulhern being absent.

10:15:06 >>CHARLIE MIRANDA: All right, item number 72.

10:15:12 Anyone from the city or petitioner here for this item number

10:15:15 72?

10:15:15 >>BARBARA LYNCH: Land Development Coordination.

10:15:21 I'm here for any questions you may have.

10:15:24 >>CHARLIE MIRANDA: Thank you very much.

10:15:24 Any questions by council members?

10:15:26 Anyone in the audience care to speak on item number 72?

10:15:29 I see no one.

10:15:31 Motion to close by Mr. Cohen, seconded by Mr. Suarez.

10:15:35 All in favor of the motion?

10:15:36 Opposed?

10:15:36 The ayes have it unanimously.

10:15:39 Mr. Reddick, would you kindly take item number 72, please,




10:15:43 sir?

10:15:44 >>FRANK REDDICK: Thank you, Mr. Chair.

10:15:46 Move an ordinance being presented for second reading and

10:15:49 adoption, an ordinance vacating, closing, discontinuing, and

10:15:51 abandoning the alleyway lying east of south Marti street,

10:15:58 west of south Georgia Avenue, south of west Jetton Avenue,

10:16:01 and north of west Watrous Avenue in north New Suburb

10:16:04 Beautiful subdivision, a subdivision in the City of Tampa,

10:16:09 Hillsborough County Florida, the same being more fully

10:16:11 described in section 1 hereof, subject to certain easements,

10:16:15 covenants, conditions and restrictions as more particularly

10:16:19 described herein, providing an effective date.

10:16:22 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick.

10:16:24 I have a second by Mr. Suarez.

10:16:25 This is a roll call vote.

10:16:27 Vote and record.

10:16:28 >>THE CLERK: Motion carried with Mulhern being absent.

10:16:42 >>CHARLIE MIRANDA: We go to item number 73.

10:16:43 73.

10:16:45 This is another closing of an alley.

10:16:47 Is anyone from the city or petitioner here?

10:16:50 >>BARBARA LYNCH: Land Development Coordination.

10:16:51 If you have any questions I will be happy to answer.

10:16:54 >>CHARLIE MIRANDA: Any questions by council members?

10:16:55 Anyone in the audience care to speak on this item?




10:16:58 I see no one.

10:16:59 Need a motion to close.

10:17:01 Motion to close on item 73 by Mr. Suarez.

10:17:03 Second by Mr. Cohen.

10:17:05 All in favor of the motion?

10:17:07 Opposed?

10:17:08 The ayes have it unanimously.

10:17:11 Ms. Capin, would you kindly take item number 73, please?

10:17:18 >>YVONNE CAPIN: An ordinance presented for reading an

10:17:21 adoption, vacating, closing, discontinuing, abandoning an

10:17:24 alleyway lying east of north 55th street, west of north

10:17:29 56th street, south of east Columbus drive, and north of

10:17:32 east 14th Avenue in UCETA subdivision, a subdivision in

10:17:37 the City of Tampa, Hillsborough County, Florida, the same

10:17:40 being more fully described in section 1 hereof providing an

10:17:43 effective date.

10:17:45 >>CHARLIE MIRANDA: I have a motion by Ms. Capin, second by

10:17:47 Mr. Suarez.

10:17:48 Further discussion by council members?

10:17:50 Roll call vote.

10:17:53 Vote and record.

10:17:53 >> Motion carried with Mulhern being absent.

10:18:04 >>CHARLIE MIRANDA: We go to item number 74.

10:18:09 Anyone in the audience?

10:18:10 Yes, ma'am.




10:18:11 >>ABBYE FEELEY: Land Development Coordination.

10:18:13 Item number 74 is a special use for the library on Nebraska

10:18:19 Avenue.

10:18:19 Did it require certified site plans.

10:18:21 Those have been certified and provided to the clerk.

10:18:22 I'm available for any questions.

10:18:24 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:18:26 item number 74, please come forward.

10:18:27 >> Fred Hearns, 18017 VILLA creek drive in Tampa, here on

10:18:38 behalf of the library incorporated, I'm president of that

10:18:41 organization.

10:18:42 And this truly is a wonderful day.

10:18:44 We have been waiting for this for a long time.

10:18:46 This library, as you probably know, back in 1969 when this

10:18:50 library was built, at 1505 north Nebraska, at that time, the

10:18:55 city controlled all the libraries within city limits.

10:18:59 Several years after that, the county took over libraries.

10:19:03 So we have attended several meetings with county staff and

10:19:07 the BOCC, but we are very much in favor of the council

10:19:13 passing this request for this special use permit.

10:19:18 I haven't had a chance to read it.

10:19:20 I only found out this week a few things about the building.

10:19:24 We have been talking with the county about having a full

10:19:27 service kitchen inside this library, which is a little

10:19:31 unusual, but the town and country library, and we have had




10:19:36 several discussions about it.

10:19:37 I'm hoping that there are provisions for that in the city

10:19:42 rules.

10:19:42 In addition to that, this library is in a very special

10:19:47 location.

10:19:47 It abuts the Booker T. Washington elementary school and also

10:19:51 the Tampa park playground.

10:19:54 At some point when the new library opens at the end of 2014,

10:19:59 we are hoping that the city will have made just a few minor

10:20:02 improvements to that playground.

10:20:04 It does need a little attention.

10:20:08 Parks folks are sorry to hear this but I'm sure they will

10:20:10 get the word about it.

10:20:12 There's a chain link six foot fence that separates the park

10:20:15 from the library parking lot.

10:20:16 We are hoping that in two years when the library opens that

10:20:19 the city will put a gate, perhaps they can lock it when it's

10:20:23 not in use, so people can go from the park to the library

10:20:28 for book fairs and special events.

10:20:31 Other than that we are very pleased with the progress we

10:20:33 have made, and we would encourage you to submit the special

10:20:36 use permit requests.

10:20:38 Thank you.

10:20:38 >>FRANK REDDICK: I will follow that up with the Parks

10:20:49 Department per your request, but I'm pretty sure they are




10:20:54 listening.

10:20:55 In addition to that, I hope you will initiate some effort

10:21:03 that will honor our fraternity brothers with some type of

10:21:06 statue at that facility.

10:21:09 And I am willing to work with you to see if we can get that.

10:21:17 So let's see if we can work together and get that done.

10:21:19 >> Thank you.

10:21:21 I'll contact your office.

10:21:25 >>CHARLIE MIRANDA: Next, please.

10:21:30 I'm with Hillsborough County here to answer any questions

10:21:32 you may have.

10:21:33 >>CHARLIE MIRANDA: Any questions by council members?

10:21:35 Thank you very much.

10:21:36 Anyone else in the audience care to speak on item number 74?

10:21:39 Need a motion to close.

10:21:40 Motion to close by Mr. Suarez, second by Mr. Cohen.

10:21:43 All in favor of the motion?

10:21:45 The ayes have it unanimously.

10:21:46 Mr. Suarez, would you kindly take number 74, please?

10:21:50 >> Ordinance being presented for second reading and

10:21:52 adoption, an ordinance approving a special use permit S-2

10:21:55 approving a public cultural facility in the YC-2 Ybor City

10:22:00 of Tampa zoning district in the general vicinity of 1505

10:22:05 north Nebraska Avenue in the city of Tampa, Florida and as

10:22:07 more particularly described in section 1 hereof, providing




10:22:11 an effective date.

10:22:11 >>FRANK REDDICK: Second.

10:22:14 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

10:22:16 Roll call vote.

10:22:17 Vote and record.

10:22:18 >>THE CLERK: Motion carried with Mulhern being absent.

10:22:31 >>CHARLIE MIRANDA: On 75 I am going to need a little help

10:22:33 from Mr. Territo.

10:22:36 The two votes that voted no last time, I don't think there's

10:22:39 enough votes to pass this today because one member being

10:22:43 out, being a quasi-judicial is not allowed to vote.

10:22:46 The other member is absent.

10:22:47 So --

10:22:50 >>SAL TERRITO: You can continue on item number 75 and they

10:22:52 are requesting it be continued to August 16th at 9:30.

10:22:56 >> Move to continue to August 16th at 9:30.

10:22:59 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

10:23:02 Mrs. Capin on 75.

10:23:04 All in favor?

10:23:05 The ayes have it unanimously.

10:23:06 Anyone here who wanted to speak on 75, it will be heard

10:23:09 August 15th at 9:30. Thank you very much for attending.

10:23:15 Item number 76.

10:23:23 Presentation by the city.

10:23:23 >> Land development.




10:23:25 I'm here to represent 76, 77, 78.

10:23:32 The clerk's office has the site plans.

10:23:36 I'm here to answer any questions.

10:23:41 >>CHARLIE MIRANDA: Did I open 71 through 79?

10:23:42 >> Yes.

10:23:43 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:23:45 76?

10:23:45 Come forward.

10:23:47 From the audience.

10:23:48 I see no one.

10:23:49 Need a motion to close.

10:23:50 I have a motion to close by Mr. Suarez, second by Mr. Cohen.

10:23:53 All in favor of the motion?

10:23:55 Opposed?

10:23:55 The ayes have it unanimously to close.

10:23:57 Item number 76, Mr. Cohen, would you kindly take number 76,

10:24:01 please?

10:24:03 >>HARRY COHEN: I move an ordinance being presented for

10:24:05 second reading and adoption, an ordinance repealing

10:24:08 ordinance number 2009-1910 approving a special use permit

10:24:13 S-2 for alcoholic beverage sales, large venue, on premises

10:24:17 only, and making lawful the sale of beverages regardless of

10:24:20 alcoholic content, beer wine and liquor on that certain lot,

10:24:24 plot or tract of land located at 6807 Adamo Drive, Tampa,

10:24:28 Florida, as more particularly described in section 3, but




10:24:33 all ordinances or parts of ordinances in conflict are

10:24:36 repealed, providing an effective date.

10:24:37 >> Second.

10:24:39 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, a second by

10:24:41 Mr. Suarez.

10:24:42 Roll call vote.

10:24:43 Vote and record.

10:24:43 >>THE CLERK: Motion carried with Mulhern being absent.

10:24:55 >>CHARLIE MIRANDA: Item number 77.

10:25:00 Is petitioner here on 77?

10:25:08 This is the alcoholic zoning on Cross Creek Boulevard.

10:25:12 >> Management member, LLC, just here to answer any

10:25:25 questions.

10:25:27 >>CHARLIE MIRANDA: Any questions by council members at this

10:25:28 time?

10:25:29 Thank you very much.

10:25:29 Anyone in the audience care to speak on item number 77?

10:25:33 77.

10:25:34 I see no one.

10:25:36 I have a motion to close by Mr. Cohen.

10:25:37 Second by Mr. Suarez.

10:25:38 All in favor of that motion please indicate by saying aye.

10:25:41 Opposed nay.

10:25:42 The ayes have it unanimously.

10:25:44 Mr. Reddick, would you kindly take item number 77?




10:25:48 >>FRANK REDDICK: Yes, Mr. Chair.

10:25:49 Move an ordinance presented for second reading and adoption,

10:25:52 an ordinance approving a special use permit S-2 for

10:25:55 alcoholic beverage sales, small venue, package sales,

10:25:59 offpremises consumption only and making lawful the sale of

10:26:03 beverages regardless of alcoholic content, beer wine and

10:26:06 liquor, at or from that certain lot, plot or tract of land

10:26:10 located at 10946 Cross Creek Boulevard Tampa, Florida as

10:26:16 more particularly described in section 2, that all

10:26:20 ordinances or parts of ordinances in conflict are repealed,

10:26:23 providing an effective date.

10:26:25 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick for

10:26:27 approval, second by Mr. Suarez.

10:26:29 This is roll call vote.

10:26:31 Vote and record.

10:26:36 >>THE CLERK: Motion carried with Mulhern being absent.

10:26:44 >>CHARLIE MIRANDA: Item number 78.

10:26:46 Is petitioner here?

10:26:48 Would you like a presentation on this one?

10:26:50 >>STEVE MICHELINI: We don't need to make a presentation.

10:27:02 We appreciate your support.

10:27:04 >>CHARLIE MIRANDA: Does anyone wish to speak on item number

10:27:07 78?

10:27:07 I see no one.

10:27:08 Motion to close by Mr. Cohen.




10:27:10 Second by Mr. Suarez.

10:27:11 All in favor of that motion please indicate by saying aye.

10:27:14 Opposed nay.

10:27:15 The ayes have it unanimously.

10:27:16 Ms. Capin, would you kindly take item number 78, please?

10:27:22 >>YVONNE CAPIN: An ordinance being presented for second

10:27:24 reading and adoption.

10:27:25 An ordinance approving special use permit S-2 for alcoholic

10:27:29 beverage sales small venue, consumption on premises and

10:27:33 package sales off premises making lawful the sale of

10:27:37 beverages regardless of alcoholic content, beer wine and

10:27:40 liquor, at or from that certain lot, plot or tract of land

10:27:44 located at 4101 North Florida Avenue, Tampa, Florida, as

10:27:48 more particularly described in section 2, that all

10:27:51 ordinances or parts of ordinances in conflict are repealed,

10:27:56 providing an effective date.

10:27:58 >>CHARLIE MIRANDA: Motion for approval by Ms. Capin.

10:28:00 Seconded by Mr. Suarez.

10:28:02 Roll call vote.

10:28:03 Vote and record.

10:28:04 >>THE CLERK: Moss carried with Mulhern being absent at

10:28:13 vote.

10:28:16 >>CHARLIE MIRANDA: I believe 79 was changed earlier under

10:28:22 the addendum, September 6th.

10:28:24 Am I correct, clerk?




10:28:26 >>THE CLERK: Yes.

10:28:27 >>CHARLIE MIRANDA: All right.

10:28:34 I will continue.

10:28:36 Did I open 80 through 86?

10:28:40 >>YVONNE CAPIN: So moved.

10:28:41 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin, second by

10:28:43 Mr. Reddick.

10:28:44 All in favor of the motion please indicate by saying aye.

10:28:47 Opposed nay.

10:28:47 The ayes have it unanimously.

10:28:54 I refer now to Mrs. Montelione on item number 38.

10:28:58 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:29:01 The reason that I pulled this item is because I'm concerned

10:29:13 with our entering into this agreement with Amscot financial.

10:29:16 I do appreciate providing convenience to our citizens for

10:29:25 utility bill payments.

10:29:27 I appreciate that the German American club where our utility

10:29:33 department is located experiences very long lines at certain

10:29:37 times of the month when bills all come due seemingly at the

10:29:44 same time, and it's a stress on the staff there, locations

10:29:50 of where bills can be paid is a good thing, and I appreciate

10:29:53 that.

10:29:55 However, the agreement with a corporation such as Amscot is

10:30:03 not something I can support, because when we are sending our

10:30:09 citizens there to pay utility bills, they might say, hey,




10:30:12 you know, while I am here, I will cash my check.

10:30:15 And if you are familiar with the way the payday advance

10:30:21 loans, or check cashing services work, they take quite a bit

10:30:27 of chunk of money out of that check.

10:30:30 So it's not the idea of having more locations to pay the

10:30:38 business.

10:30:38 It is the location.

10:30:39 I would rather that we execute an agreement with a

10:30:43 supermarket that so that people could pay their bills

10:30:50 anywhere in the state, if they happen to not be in Tampa

10:30:52 that day, which is one of the rationales for Amscot, but at

10:30:58 a supermarket there's in a what I consider adverse effect to

10:31:02 the client.

10:31:03 And that is why I am not supporting either 38, and I pulled

10:31:07 it in order for my ability to vote no on that item.

10:31:13 >>CHARLIE MIRANDA: Thank you very much, Mrs. Montelione.

10:31:14 Is there anyone here from the administration who would like

10:31:17 to speak on item 38?

10:31:23 You walked in right in time.

10:31:24 >> Good morning.

10:31:29 I had to run over.

10:31:32 I just wanted to share with you our thought process for

10:31:36 working with Amscot.

10:31:37 It was done with a great deal of analysis and consideration.

10:31:44 And the bottom line is that we were looking for another




10:31:49 mechanism by where we could offer convenience and low-cost

10:31:53 services to our customers.

10:32:00 >>CHARLIE MIRANDA: Mr. Reddick?

10:32:02 >>FRANK REDDICK: Thank you, Mr. Chair.

10:32:05 I had a chance to meet with Amscot representatives, their

10:32:13 vice-president and other management representative.

10:32:19 And they came to meet with me primarily because, in my

10:32:26 district, we have Amscot all over the place.

10:32:29 Quite a few of them.

10:32:31 We have more in my district than anybody on the council.

10:32:36 And one of the things that I told them I will support this

10:32:43 concept, because I think it's beneficial to many of the

10:32:48 senior citizens in my community, because you go to the

10:32:51 Amscot in my district on the 22nd at Hillsborough, and you

10:32:56 drive downhills bore, you see one on just about every

10:32:59 corner, and the one on Hillsborough at 22nd is always busy.

10:33:06 There are many people.

10:33:08 And it's very convenient for them when they are in there

10:33:12 cashing their check.

10:33:14 And I see where the fee will only be one dollar versus --

10:33:19 and I told Amscot representative, if they came to me with

10:33:23 more than one dollar, there's no way would I support that.

10:33:31 I think the only problem I have is that there was no

10:33:37 monetary benefit to the city for establishing an agreement

10:33:43 with Amscot.




10:33:44 And whether you have a dime or ten cents or quarter of those

10:33:57 who participate in the process.

10:33:59 But I think it's very convenient, very convenient for the

10:34:02 people that are in my district.

10:34:05 And because they are already there.

10:34:09 Now they can pay these bills.

10:34:12 It's just like you go to the grocery store in my district.

10:34:22 Inside the grocery facility where people can go in and get

10:34:25 their prescription medication instead of having to travel

10:34:28 all the way seven, eight, nine, 10, 20 blocks away to CVS or

10:34:34 Walgreen's.

10:34:35 They can go within that grocery department where they buy

10:34:38 groceries.

10:34:39 So one way to look at it, you have the store shopping to

10:34:46 increase cholesterol and also buy medicines to decrease.

10:34:49 So we made it convenient for them.

10:34:52 If you want to look at it that way.

10:34:54 So I would support this because of that, and I think it's

10:35:00 almost become like a one-stop shop where you can make it

10:35:04 convenient for your customers, and transportation.

10:35:09 So I am going to support this because of that.

10:35:11 >>CHARLIE MIRANDA: Thank you very much, Mr. Reddick.

10:35:12 Mr. Cohen.

10:35:13 >>HARRY COHEN: I am also going to support this.

10:35:16 And I respectfully listened to Councilwoman Montelione's




10:35:21 comments.

10:35:22 But I had some experience with Amscot during the period that

10:35:26 I was the chief deputy to the clerk of the circuit court

10:35:30 here in Hillsborough County.

10:35:31 We entered into an agreement with Amscot to allow people to

10:35:35 pay their traffic tickets there and it's really been a

10:35:38 phenomenonally successful program.

10:35:40 It's a minimal fee.

10:35:41 Oftentimes it allows the person to avoid having to pay for

10:35:45 parking, if they have to go elsewhere. It offers a lot more

10:35:48 hours of service than the government offices can be open,

10:35:51 and if it's been any predictor of what the city's experience

10:35:56 is going to be, in increased collections, and I believe

10:36:00 Amscot was able to remit the money that they took in as

10:36:04 often as nightly, every 24 hours, and almost seamlessly with

10:36:09 the city's accounting system.

10:36:10 So I'm also going to support it.

10:36:13 >>CHARLIE MIRANDA: Other questions by council members?

10:36:16 Mrs. Montelione, any further comments?

10:36:17 >>LISA MONTELIONE: Well, yes.

10:36:20 I would just like to add that there's an Amscot within

10:36:26 walking distance of my house, and in the north Tampa area

10:36:28 between the Temple Terrace city line and Armenia Avenue.

10:36:35 And Busch and Fowler.

10:36:36 There are many Amscot financial locations.




10:36:41 So I understand the convenience portion of it.

10:36:44 But as Mr. Reddick pointed out, that pharmacies are opening

10:36:48 up within grocery stores, and that is also convenient.

10:36:53 I just feel that that would, having the ability to pay bills

10:36:59 within a grocery store for me is a better way of the city

10:37:05 extending that service to our customers.

10:37:08 I understand that Amscot has been doing this, as Mr. Cohen

10:37:12 said, for the clerk's office and for other municipalities,

10:37:15 but I would rather be a leader, and maybe execute agreements

10:37:21 with other locations, and maybe that's something that our

10:37:24 staff can work on, and we can expand the locations from not

10:37:30 just being Amscots but to other facilities such as

10:37:35 supermarkets, as well as in the future to provide

10:37:41 alternatives for our customers.

10:37:46 >>CHARLIE MIRANDA: Thank you very much, Ms. Montelione.

10:37:49 Ms. Capin, did you want the floor?

10:37:53 >>YVONNE CAPIN: Yes.

10:37:54 Wasn't there in the past on west Armenia, Howard Avenue,

10:37:58 where you can pay your water bill?

10:38:00 >>CHARLIE MIRANDA: That used to be at the pharmacy, CAMINO's

10:38:07 pharmacy, and there was another one but it slips my mind.

10:38:09 >>SONYA LITTLE: Right now the only location we have with

10:38:14 the city is the German American club where you can pay your

10:38:17 utility bill.

10:38:22 >>YVONNE CAPIN: And my point is this has been done before




10:38:23 and I believe it's very successful.

10:38:25 They retired and the pharmacy closed but I remember as a

10:38:28 child going there to that place, that pharmacy, to pay, and

10:38:32 it was very convenient for the people who lived in West

10:38:34 Tampa not to have to come downtown to, but there's a lot

10:38:43 more of these facilities to accommodate our residents in our

10:38:47 community.

10:38:47 So I will be supporting it also.

10:38:50 >>CHARLIE MIRANDA: You also have the old Chamber of Commerce

10:38:52 in Ybor City right there on 15th.

10:38:54 All right, Mr. Cohen?

10:38:56 >>HARRY COHEN: I forgot to mention one other thing that

10:38:59 remained med when Councilwoman Montelione said that.

10:39:02 The way that it has worked around the state, with the

10:39:06 traffic tickets, is that most of the counties have agreement

10:39:09 itself with Amscot like this.

10:39:11 So what happens is, you can pay your ticket anywhere in the

10:39:16 state.

10:39:16 It's not just a question of being able to pay it in town.

10:39:19 So some of the people that find themselves out of town, they

10:39:23 forget about say paying some sort of utility bill, it's an

10:39:26 added convenience for them.

10:39:27 >>FRANK REDDICK: Move item number 38.

10:39:31 >>HARRY COHEN: Second.

10:39:32 >>CHARLIE MIRANDA: Moved by Mr. Reddick on 38, seconded by




10:39:35 Mr. Cohen.

10:39:36 Further discussion by council members?

10:39:38 All in favor of the motion please indicate by saying aye.

10:39:41 Opposed nay.

10:39:45 Motion passes 5 to 1.

10:39:47 Thank you very much.

10:39:52 Okay.

10:39:52 Item 80 was taken care of earlier, requesting to be heard

10:39:55 August 6th.

10:39:56 We took care of that earlier.

10:39:58 We have item 81.

10:40:12 Code enforce; police officers, et cetera.

10:40:14 >> Captain Courtoy: Tampa Police Department.

10:40:22 My area includes Freedom Park, that's sector A, district 1.

10:40:28 And my understanding is you guys would like to know a little

10:40:30 more about the crime statistics and cultural service in that

10:40:34 area.

10:40:34 Is that correct?

10:40:36 >>CHARLIE MIRANDA: Correct.

10:40:37 Related with all of the activities.

10:40:39 Yes, sir.

10:40:39 >> Okay.

10:40:41 I asked the crime analyst for our department to take a look

10:40:44 for the last year, for the calls for service in that area.

10:40:47 And she went back to July 17th of 2011, and through July




10:40:54 17th, yesterday, okay.

10:40:57 Calls for service.

10:40:59 Occupy Tampa, my understanding, actually began occupying

10:41:02 voice of freedom park on January 29th at 2012 which is

10:41:06 roughly in the middle of that time frame.

10:41:09 So it would be roughly six months.

10:41:11 So from the time period from July 2011 to January 28, 2012,

10:41:18 there were 210 calls for servicing in a one block radius

10:41:22 which includes voice of Tampa park, and from January

10:41:28 29th to yesterday, there were 425 calls for service in

10:41:31 that area for service which represents 102.4% increase for

10:41:38 calls for service in that area.

10:41:39 There has been a decline in crime in that area, but that's

10:41:45 economies rat with the other crimes city-wide as well as my

10:41:49 sector.

10:41:50 So nothing significant.

10:41:54 >>CHARLIE MIRANDA: Thank you very much.

10:41:55 Yes, sir.

10:41:55 >> Dennis O'Hara, Revenue and finance department.

10:42:03 I'm here speaking for the code enforcement department on

10:42:05 this item.

10:42:05 In summary, we have responded to a few calls out there

10:42:09 regarding odor and accumulations.

10:42:12 In our experience both in responding to complaints and in

10:42:15 our proactive monitoring of the area, the complaints have




10:42:20 primarily been unfounded, and the few that were founded were

10:42:24 very, very minor and were immediately complied with.

10:42:30 >>CHARLIE MIRANDA: Thank you very much.

10:42:30 Ms. Capin?

10:42:33 >>YVONNE CAPIN: Yes.

10:42:33 I'm sorry, I didn't catch your name, captain.

10:42:38 >> Courtoy. C-O-U-R-T-O-Y.

10:42:46 >> Thank you so much.

10:42:48 The numbers that you stated were from July.

10:42:52 There are two bars across the street from this park.

10:42:59 What I am going to say here, I attended Saturday's meeting.

10:43:03 I observed.

10:43:04 I did not speak at those community meetings.

10:43:06 I was there.

10:43:08 At the end I did ask if anyone had questions.

10:43:10 No one had questions and I had another meeting to be at.

10:43:13 The reason I attended was because in 2011, I was asked to be

10:43:22 at Macfarlane Park homeowners association, and old West

10:43:27 Tampa homeowners association, and both of them adamantly

10:43:33 asked me to please help them with that park.

10:43:37 This is way before December.

10:43:39 And the reason that they asked me to help them with the park

10:43:42 was because they could not sleep.

10:43:46 The noise that came from that park, the police that were in

10:43:50 there, the disruption that happened in that park, because of




10:43:55 the two bars that are directly across the street, according

10:43:58 to the homeowners association, Mr. Bernetta, Mr. Staglio is

10:44:09 not here.

10:44:09 Do you remember me being at the meeting?

10:44:11 Thank you.

10:44:11 And I have my e-mail here.

10:44:14 I knew that Mr. Redner owned the park, and it is private

10:44:19 part, or it's used as a park.

10:44:21 So I emailed the parks department, and I have the e-mail

10:44:26 here in October -- let me get this.

10:44:30 Hold on a second.

10:44:31 I have so many e-mails.

10:44:39 Karen Paulus at the time.

10:44:40 My e-mail to her was October 31.

10:44:43 And I said, Karen, I have spoken to Joe Redner and he is

10:44:46 agreeable to having signs installed at the park that will

10:44:49 Post the hours of operation because apparently that was an

10:44:53 issue with the law enforcement.

10:44:56 But the hours of operation were not there and that the park

10:45:00 had no authority to put the hours, so therefore you couldn't

10:45:03 tell people the park is closed.

10:45:07 At that point, Ms. Paul us answered, I had a meeting with

10:45:11 her.

10:45:11 That's terrific news, thank you.

10:45:13 That was November 7th.




10:45:14 After that, I personally spoke to Chief Castor about this,

10:45:19 and I said, Chief Castor, Mr. Redner is -- will be open --

10:45:26 is open to looking at posting hours.

10:45:29 And Chief Castor said to me that one of the things that goes

10:45:33 along with posting the hours is that when those hours, if

10:45:38 they are posted, the owner of the property would have to

10:45:41 adhere, could not pick and choose, this one stay and that

10:45:48 one not stay.

10:45:49 In other words, they are giving up the control of hours in

10:45:53 that park to the city.

10:45:56 What happened there, it went no further, because this is

10:46:00 November 7th.

10:46:01 The next thing I know, it is in December, and Occupy Tampa

10:46:08 is there.

10:46:11 What I'm trying to convey is that there were a lost issues,

10:46:15 a lot of issues.

10:46:16 When you tell me there's 200 calls to that area, and then

10:46:21 400 calls, I have a hard time believing that it was from

10:46:26 these people.

10:46:28 Very hard.

10:46:29 Because when I went to the homeowners association, all they

10:46:33 talked about was the problem in that park, and the problem

10:46:37 that they -- 4:00 in the morning, 3:00 in the morning.

10:46:40 They could not sleep because of the noise and asked me to

10:46:46 help.




10:46:47 And that's how I was trying to help, by reaching out to the

10:46:50 owner of the property asking him to agree.

10:46:53 Now we have the issue -- and I want to know what happened to

10:46:55 the noise, because I never heard again about it.

10:47:00 Or what happened in that park?

10:47:01 Did they come -- are the people still, you know, heading out

10:47:06 from the two bars into the park?

10:47:10 That's -- apparently that may not be happening.

10:47:12 >> Is that your question?

10:47:16 >>YVONNE CAPIN: Yes.

10:47:16 >> It's my understanding that the bars in that area have not

10:47:21 had as large of crowds as they had in the past, where the

10:47:25 crowds are going I couldn't tell you off the top of my head.

10:47:28 But I'm not trying to tell you that the calls for service

10:47:35 are all about one person.

10:47:36 I'm just telling you the numbers, okay.

10:47:40 So I am just giving you what the calls are.

10:47:42 The calls for service went from 200 to 400 roughly, okay,

10:47:45 over that time frame.

10:47:47 Draw your own conclusions about what the -- certainly you

10:47:52 could sit and read everyone.

10:47:53 And I'm more than happy to supply the commission with that

10:47:55 information.

10:47:57 We would have to have an analyst go back through every one

10:48:00 of those calls.




10:48:01 >> I would like that to my office, please.

10:48:03 I also want to -- Mr. Robinson is not here.

10:48:08 And he was part of that meeting and pretty much dominated

10:48:16 the meeting.

10:48:17 And it seemed to me at the end of the meeting -- this is

10:48:21 just a statement because I was there Saturday -- it seemed

10:48:27 like the two groups were trying to work things out.

10:48:31 And I have to say that they both reached out, but more on

10:48:38 the part of occupy because there were quite a few statements

10:48:42 that were extremely insulting by any standards.

10:48:45 Again, I did not speak there.

10:48:50 But had they asked me any questions.

10:48:52 So therefore -- and Mr. Robinson stood before us two weeks

10:48:55 ago talking about neighborhoods, defending an issue that

10:49:02 came to us about Hollywood nights and their permit,

10:49:16 alcoholic beverage permit.

10:49:19 This is a separate issue, but I want -- I would love to

10:49:22 have, at my desk, the hours, and man hours that went into

10:49:28 this at Hollywood nights.

10:49:30 He stood here and defended that defendant, when there was

10:49:42 nudity, with genitals exposure.

10:49:48 And now he stood hear at this meeting on Saturday to say

10:49:56 that this was an eyesore?

10:50:00 That's all I have to say.

10:50:02 >>CHARLIE MIRANDA: Thank you very much.




10:50:03 Mr. Reddick.

10:50:03 >>FRANK REDDICK: Thank you, Mr. Chair.

10:50:21 I want you to see this.

10:50:24 That is the park.

10:50:28 This is no bar.

10:50:29 This is a park.

10:50:31 It is freedom park.

10:50:33 This is actually what you are seeing out there in freedom

10:50:36 park.

10:50:39 See, we have a tendency to sit on this council, and this is

10:50:43 one of the most annoying things I have, when it's not in

10:50:48 your neighborhood, no one is complaining.

10:50:53 But these people, these are people in West Tampa that pay

10:51:00 property taxes.

10:51:03 You have to drive by this place and see this.

10:51:09 And these people are tired of seeing tents.

10:51:14 And look at this place.

10:51:17 Do you want this in your community, on a major thoroughfare

10:51:21 in that city?

10:51:23 Main Street.

10:51:24 You have got businesses there.

10:51:26 And do you want this?

10:51:30 Now we heard they have to put a big old yellow school bus in

10:51:36 that area.

10:51:39 Now, you pass by there, in the alleyway.




10:51:43 Now, that should be a violation.

10:51:47 I don't know why code is not here, but law enforcement or --

10:51:56 if there's a violation about having that yellow bus parked

10:51:59 in the alleyway adjacent to the park.

10:52:05 Now, I know there's a limitation where you can park a school

10:52:08 bus in a community, in a residential community.

10:52:11 I have never seen nowhere where you can permanently park a

10:52:15 bus in a park.

10:52:18 Or adjacent to a park.

10:52:24 This has nothing to do with the bar.

10:52:29 This is talking about freedom park.

10:52:31 And I have questions about the sanitary conditions out

10:52:37 there.

10:52:41 Somebody tell me, if these people are sleeping in these

10:52:43 little tents, the code enforcement staff tells me that they

10:52:51 have got portable showers in the park, I know they got the

10:52:56 Port-o-Let out there that Joe Redner is providing.

10:53:00 I understand that -- if anyone has investigated that from

10:53:09 the City of Tampa.

10:53:10 And this is just recently, even put electricity out there.

10:53:16 Now, there's no proper lighting.

10:53:26 And I don't know, it's raining now in Tampa.

10:53:38 But you go down there on a Saturday afternoon and it's 90

10:53:43 some degrees, it smells like a skunk out there.

10:53:50 I been out there.




10:53:53 I know these people out there.

10:53:56 I personally met with them, and allow them to discuss their

10:54:04 concern.

10:54:05 But here is the problem.

10:54:07 This is not good for a community.

10:54:11 I don't care what community, who's community.

10:54:14 This is not good.

10:54:15 This is bad for West Tampa.

10:54:19 And what people are saying about economic development,

10:54:24 there's in a economic development in the plan for West Tampa

10:54:26 right now.

10:54:28 I don't know where that started.

10:54:40 Came in here and did a study and part of the recommendation

10:54:42 is that you can read the plan.

10:54:54 There's one plan put together by the revitalize West Tampa.

10:54:58 But I can tell you all of the neighborhood associations come

10:55:06 together, and we had no problem with the occupy people.

10:55:11 They were trying to work it out.

10:55:12 They had the marches, they were doing all these things, but

10:55:17 now, this is not a free speech movement.

10:55:23 It might be in another month.

10:55:25 But this is what it is now.

10:55:36 This is a tent where people are hanging out.

10:55:40 Got a big ol' barbecue grill.

10:55:43 But how many people can have a permanent place in a park?




10:55:50 I know if you go to a picnic, you take a barbecue grill to

10:55:53 the park, you remove it the same day.

10:55:56 This is permanent.

10:55:58 These are the things where people want to overlook.

10:56:04 And I don't know why.

10:56:07 But if you go out there, and somebody, one of the occupy

10:56:13 people mention, we cook north neighborhood.

10:56:19 Well, fur cook for the residents of the neighborhood, won't

10:56:24 eat your food because you don't have no water for cleaning.

10:56:28 I won't eat the food.

10:56:29 And, two, something needs to be done.

10:56:35 And to the city code, and to law enforcement, the occupy

10:56:56 people have stated, they have friction within their group.

10:57:00 And here is some of the friction.

10:57:03 Those that were having problems, and they are not leaving

10:57:11 the area.

10:57:12 If you go out there, they are moving through the alleyway

10:57:18 behind the park behind this church and that's where they are

10:57:20 hanging out.

10:57:21 So I don't have to go to a meeting to see what's going on

10:57:29 out there

10:57:37 I'm going to ask the city, law enforcement, and code

10:57:43 enforcement, and I'm also going to ask Hillsborough County

10:57:51 health department to take a second look at this facility,

10:58:03 and what I want to know if it's illegal to park a yellow bus




10:58:08 in an alleyway adjacent to this park, if it's illegal or

10:58:19 unsanitary to be living in a park with no water, and I want

10:58:25 to find out where you investigate to determine to have the

10:58:30 electricity turned off or not, and the last request, are

10:58:38 these people that are living out there, are they

10:58:42 Hillsborough County or City of Tampa residents, or are they

10:58:48 locating here from some other places and making this a home

10:58:51 in the City of Tampa and not paying one dime in taxes.

10:59:01 And that's my request to staff.

10:59:05 That's a request to code enforcement.

10:59:07 That's a request to law enforcement.

10:59:09 And I am going to have that request of Hillsborough County

10:59:13 health department.

10:59:14 Thank you, Mr. Chairman.

10:59:16 >>CHARLIE MIRANDA: Is that a motion, Mr. Reddick?

10:59:18 Do I have a second for that?

10:59:19 Mr. Suarez seconds the motion.

10:59:21 Before we go any further we'll vote on that motion by Mr.

10:59:24 Reddick on the following agencies and the city staff.

10:59:27 All in favor of that motion by Mr. Reddick, second by Mr.

10:59:30 Suarez, indicate by saying aye.

10:59:32 Opposed nay?

10:59:33 The ayes have it unanimously.

10:59:35 Mr. Suarez.

10:59:36 >>MIKE SUAREZ: Thank you, chair.




10:59:38 I have some legal questions.

10:59:41 Mr. Mueller, I see you in the back there.

10:59:44 There's in a one else from legal department.

10:59:46 You got the short straw.

10:59:47 So come on up.

10:59:48 Actually, you may be able to answer some of these questions

10:59:52 that I have.

10:59:54 Okay, we have a private park owned by a private individual.

10:59:58 What role do we have in relation to what we can and can't do

11:00:08 by a private park owned by an individual?

11:00:13 >>ERNEST MUELLER: I think what we are going to have to do is

11:00:15 get together on the bus in the alley, one of the people I

11:00:17 would like to talk to --

11:00:19 >> Hang on, answer my question first.

11:00:21 We will get to that.

11:00:21 >>ERNEST MUELLER: We are going to have --

11:00:25 >>MIKE SUAREZ: No, no.

11:00:27 >>CHARLIE MIRANDA: Whoa, whoa.

11:00:28 Wait a second.

11:00:30 Let's control this in an orderly manner.

11:00:33 I understand, and I appreciate it very much.

11:00:36 There's just been an exchange between two individuals and I

11:00:38 am not involved and neither are you right now.

11:00:40 Thank you.

11:00:40 >>ERNEST MUELLER: I think a big p part is it's a private




11:00:45 park, not a public park, we have to look at land use issues.

11:00:48 That's going to be bringing people from the zoning

11:00:51 department in, to sit down and see.

11:00:52 I don't know any of the answers offhand.

11:00:55 I think we have to pull some people together and look at

11:00:58 these different things.

11:00:58 Land use being a big part of it because it is a private

11:01:02 park.

11:01:02 We have to see what that property is zoned for, what can

11:01:05 occur there.

11:01:06 >>MIKE SUAREZ: My next question concerning code enforcement

11:01:08 and this is for forte.

11:01:10 I am going to give an easy one because you are supposed to

11:01:14 know this stuff.

11:01:15 On private parks when we have code enforcement issues there,

11:01:19 what is it, what is our role?

11:01:22 I know we have a role in terms of public safety and in terms

11:01:24 of -- and I guess health department has some role in terms

11:01:28 of sanitation.

11:01:32 I assume we have that also through code enforcement.

11:01:35 What's our role when it comes to a privately owned park as

11:01:38 opposed to a privately owned commercial business or a

11:01:41 residential business?

11:01:41 Is there any difference?

11:01:44 >>ERNEST MUELLER: There's going to be some subtle




11:01:46 differences, yes.

11:01:47 With regard to the department of code enforcement, they will

11:01:49 be dealing with the issues of our chapter 19 of our code

11:01:53 which is property maintenance.

11:01:55 They also become the enforcement arm for the land use

11:01:58 questions.

11:01:59 But the zoning department and land development overseas

11:02:04 that.

11:02:05 They just will send out the department code enforcement to

11:02:07 take a look at that.

11:02:08 Obviously, any issues with the Department of Health,

11:02:10 sanitation, that may fall under Department of Health.

11:02:13 They would have to address that, and of course that being

11:02:16 with the county, we won't have much involvement there.

11:02:19 >>MIKE SUAREZ: Ms. Cole, were you walking in to answer some

11:02:26 of these questions or were you just walking in for some

11:02:28 other issue?

11:02:30 I apologize for dragging you up hear.

11:02:32 >>JULIA COLE: Legal department.

11:02:34 I don't have the answer to that question but yes, I heard

11:02:38 the discussion and wanted to come down.

11:02:41 Talking about private property, you are talking about a

11:02:43 zoning issue.

11:02:44 What we need to do is look at the zoning and give you the

11:02:47 allowable use.




11:02:48 Some of the discussion I was having back there but without

11:02:52 somebody being able to pull that up and make that call, we

11:02:55 can't really opine right now what the allowable uses are.

11:02:59 >> Okay.

11:03:00 >>JULIA COLE: In terms of other regulations, health

11:03:02 department, et cetera, those are regulated by other

11:03:04 jurisdictions and are not within the purview of the city,

11:03:08 but the zoning would certainly be, and whatever the

11:03:10 maintenance requirements on that property would be part of

11:03:13 that as well.

11:03:14 >> I made that guess, and that's part of the reason why I

11:03:17 supported Mr. Reddick's motion, because we need to find out

11:03:20 what role we actually have, because if it's a privately

11:03:24 owned park, if they are meeting certain standards -- and

11:03:28 again I don't know those standards and I can't say whether

11:03:30 they are or not, we need to make sure what is our role in

11:03:34 terms of determining, A, how that park is used, B, how that

11:03:38 park is cleaned, C, how that park is going to continue to

11:03:42 maintain itself as a park.

11:03:44 So to me, I think we need all those legal answers first

11:03:47 before we go forward.

11:03:48 I appreciate you running down here and answering some of

11:03:50 those questions.

11:03:52 Thank you, chair.

11:03:53 >>CHARLIE MIRANDA: Thank you.




11:03:54 Ms. Capin, then Mr. Cohen.

11:03:57 >>YVONNE CAPIN: Can you put that photo back up, please?

11:03:59 Is it here?

11:04:01 The newspaper photo of the camp.

11:04:05 It's not anymore?

11:04:06 Okay.

11:04:07 That photo is not recent.

11:04:09 It's nowhere near recent.

11:04:11 The other thing is, in response to the neighborhood, I drove

11:04:17 there.

11:04:17 I have been there.

11:04:18 I went to the meeting.

11:04:19 I go to every meeting that I am asked to go to.

11:04:23 And this one, I volunteered.

11:04:25 I wanted to hear what was happening there.

11:04:29 I have driven by Main Street.

11:04:31 I can show you open barbecue grills up and down Main Street.

11:04:36 That's one.

11:04:37 The other thing is, the neighborhood is trying to work

11:04:40 together.

11:04:43 I support Mr. Reddick's, Councilman's Reddick's motion

11:04:47 because I do believe we need to clarify what the zoning is,

11:04:51 what is allowed.

11:04:52 I absolutely -- the letter of the law is where I want to be.

11:04:58 This is a lot of hype.




11:05:01 A lot of hype.

11:05:04 To find -- the petition came from this and not all these

11:05:11 other things that have been going on there is really amazing

11:05:15 to me.

11:05:21 That park is now -- the front of that park is a park.

11:05:26 There is no doubt about it.

11:05:29 They pushed everything back and it has been cleaned up.

11:05:31 And Mr. Ruggiero, please, repeat.

11:05:37 Code enforcement being called back, what was found?

11:05:40 >> We have found nothing that warrants a citation, and those

11:05:44 few items we have found has been met with immediate

11:05:47 compliance.

11:05:48 >> Thank you.

11:05:52 That's all I have.

11:05:53 >>HARRY COHEN: I had a question.

11:05:57 Was there a date certain on Mr. Reddick's motion in terms of

11:06:01 when we are going to get a report back from staff?

11:06:05 >>CHARLIE MIRANDA: In a.

11:06:05 Mr. Reddick did not, that I recall, make a motion with a

11:06:10 date.

11:06:10 >>HARRY COHEN: I would like to suggest that we set a date

11:06:13 to hear back on that report.

11:06:15 And I would also suggest, because there seems to be some

11:06:19 differences of opinion of what's actually going on there,

11:06:23 since this is not a quasi-judicial matter, that council




11:06:26 members, myself included, familiarize ourselves with what's

11:06:31 going on out there and see for ourselves if we are able to

11:06:35 over the next week or two, what's taking place.

11:06:38 So I would like to ask for a date certain on that.

11:06:41 >>FRANK REDDICK: I would like to request a staff report

11:06:46 back August 16th.

11:06:48 At our regular council meeting.

11:06:51 >>CHARLIE MIRANDA: And those will be individuals or

11:06:53 departments that you mentioned which is police, code

11:06:55 enforcement, and two others, I believe, health department

11:06:58 from the county.

11:07:00 I forgot if there was another one.

11:07:03 >> I would suggest land use.

11:07:04 >> Land use to make sure the zoning is correct and proper.

11:07:07 >> And legal was included in that.

11:07:08 >> And legal.

11:07:09 You have five different departments.

11:07:13 All right.

11:07:13 Motion by Mr. Reddick.

11:07:21 Ms. Montelione, I'm sorry.

11:07:22 >>LISA MONTELIONE: That's okay, I understand.

11:07:25 It's a little difficult here on the phone.

11:07:28 If I understand correctly, we are referring to this as

11:07:31 freedom park.

11:07:31 And this may be for Ms. Cole to address.




11:07:37 It is on the city's Web site, when you go to parks and

11:07:40 recreation, it is on the city's Web site as a park.

11:07:45 And in order to have a park, the land use would have to

11:07:50 accommodate an institutional use for it to be listed as a

11:07:54 park.

11:07:55 Is that correct?

11:07:56 >>JULIA COLE: Legal department.

11:07:57 A park is an allowable use in any zoning district.

11:08:02 So it can be allowed a park, no matter what the zoning is on

11:08:07 the property.

11:08:08 We are trying to find out more information on it, but would

11:08:11 recommend, I think you have asked to come back and talk to

11:08:14 you all about it, allows the zoning staff to look at what

11:08:19 the zoning is, the last legal uses, how it's been permitted

11:08:22 in the past, and a better idea of what is allowed on the

11:08:26 property at this time, and --

11:08:29 >>LISA MONTELIONE: Understood.

11:08:30 And to Mr. Suarez's point when he mentioned that this is

11:08:35 private property, in addition to all of the requests that we

11:08:39 have had of different departments and agencies to come

11:08:42 speak, I would strongly suggest that we invite the property

11:08:44 owners to come and either represent himself or have someone

11:08:51 to represent him since it is his property that we are

11:08:55 talking about.

11:08:56 So I would highly recommend somebody get in touch with Mr.




11:09:00 Redner, and have someone from the ownership.

11:09:05 I don't know if he owns it outright in his own name or if

11:09:07 it's under a corporate name, but someone representing the

11:09:10 property owners should be present if we are going to be

11:09:13 talking about his property.

11:09:16 And the other is that as many of you know, I'm an avid

11:09:21 Facebook user, and if some of the conditions that maybe have

11:09:26 popped up recently, as many people have experienced storm

11:09:30 damage.

11:09:31 Some of the things that might have been belonging to folks

11:09:36 over the occupy movement may have suffered some damage that

11:09:41 may look worse.

11:09:42 I can't see the pictures that were being presented, but I

11:09:48 did look at Facebook, and they have posted some pictures

11:09:51 after the storm that we just recently experienced came

11:09:56 through.

11:09:57 So our report on August 16th is only, what, ten days

11:10:04 before the RNC.

11:10:06 I'm not quite sure that we are going to be able to get that

11:10:09 report and be effective with the influx of people that we

11:10:16 are expecting here for the RNC.

11:10:19 That's all I have to say.

11:10:21 It's a delicate balance between property rights and code

11:10:25 enforcement.

11:10:27 And I agree with Ms. Capin.




11:10:29 We can drive around in many locations and find barbecue

11:10:33 grills, or other things that are set out in neighborhoods.

11:10:41 That's not an unusual circumstance.

11:10:42 >>FRANK REDDICK: I would like to include representatives to

11:10:50 appear on August 16th.

11:10:52 >> Second.

11:10:54 >>CHARLIE MIRANDA: That's in addition to the others that

11:10:56 were listed.

11:10:56 We'll make that at 10:00 under staff reports.

11:10:59 And I have a second on that by Ms. Capin.

11:11:01 All in favor of that motion please indicate by saying aye.

11:11:06 Opposed?

11:11:07 The ayes have it unanimously.

11:11:08 Thank you very much, Ms. Montelione also.

11:11:10 >>LISA MONTELIONE: Thank you.

11:11:14 >>CHARLIE MIRANDA: We go now to item number 82.

11:11:23 Mr. Spearman.

11:11:28 >> Greg Spearman, director of purchasing for the city

11:11:32 purchasing department.

11:11:32 We were asked to come back to you to give a report regarding

11:11:36 delivery of defective equipment, and language in our

11:11:42 contract.

11:11:42 You should have received a memorandum dated July 15th

11:11:46 that addresses that.

11:11:47 It actually has the proposed language, and also a summary of




11:11:50 that language on the cover page.

11:11:52 And basically what we have summarized for you is that the

11:11:57 city will have ten business days in which to inspect and

11:12:01 accept equipment, or to reject it.

11:12:03 Secondly, the equipment for any latent defects, anything

11:12:09 that is obviously not available at the time of delivery for

11:12:13 a period of 90 days, and if we find that there are latent

11:12:17 defects within the equipment, the city will have the right

11:12:21 to go out and get replacement equipment, or the vendor could

11:12:28 provide that equipment to the city at no cost to the vendor.

11:12:31 The cost is actually on the vendor, not to the city.

11:12:34 So this is the proposed language that we presented to you in

11:12:37 terms of delivery as it affects the city.

11:12:41 >> Mrs. Montelione, I believe you were the one that

11:12:44 requested something like this.

11:12:45 Are you satisfied with that?

11:12:46 >>LISA MONTELIONE: Yes.

11:12:47 I had the opportunity to speak with Mr. Spearman a few days

11:12:50 ago as a briefing when I received my agenda book, and I have

11:12:55 to say I am very, very pleased that this language is being

11:12:59 added to our contract.

11:13:02 I don't have a cost number of how many dollars we have spent

11:13:06 because we did not do a research to find out how much money

11:13:14 not having that language cost us.

11:13:16 I know we did come up with that one agenda item.




11:13:19 It cost us a couple thousand dollars.

11:13:21 And who knows how much money we spent over the years because

11:13:25 this language was not in our contract.

11:13:28 So I am just pleased as punch that we can now have this

11:13:33 protective language in our contracts, and we will no longer

11:13:37 be expending city funds for defective equipment.

11:13:44 >>CHARLIE MIRANDA: Thank you very much.

11:13:44 Mr. Suarez?

11:13:45 >>MIKE SUAREZ: Quick question.

11:13:48 Just a quick reading of the language that's there, what

11:13:52 happens in terms of a problem or damage by way of the

11:13:58 delivery itself?

11:13:59 It's not a latent defect, not something from the

11:14:01 manufacturer.

11:14:02 Do we usually pay for the delivery itself?

11:14:04 Or is it usually paid for by the manufacturer?

11:14:08 >>GREG SPEARMAN: Those all included in the price to the

11:14:10 city.

11:14:10 >>MIKE SUAREZ: I wanted to make sure.

11:14:13 I know it didn't say specifically but I didn't want to get

11:14:16 into an argument, that was actually a delivery, we are not

11:14:19 responsible for that.

11:14:20 And obviously I think I just want to make sure the legal

11:14:24 issues of that are cleared up, too.

11:14:26 >> And if something were delivered and we notice that there




11:14:29 was a problem we would reject it.

11:14:33 >> Thank you.

11:14:35 >>CHARLIE MIRANDA: I appreciate Mr. Spearman.

11:14:36 Thank you for coming and spending some time with us.

11:14:38 I saw you enjoying yourself back there.

11:14:41 Saw a couple miles on you.

11:14:45 Item number 83.

11:14:46 Anyone have any comments on 83?

11:14:49 This is purchase for oil and diesel fuel.

11:14:55 I need a motion.

11:14:56 >>LISA MONTELIONE: I move item 83.

11:14:59 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mrs.

11:15:01 Capin.

11:15:02 All in favor of the motion indicate by saying aye.

11:15:05 Opposed nay.

11:15:05 The ayes have it unanimously.

11:15:08 Item number 84 is a single source of communication, work

11:15:14 with the Hillsborough County office.

11:15:18 >>LISA MONTELIONE: I move number 84.

11:15:20 >>MARY MULHERN: I believe Chief Castor sent a memo to

11:15:23 council members regarding this item.

11:15:27 >>CHARLIE MIRANDA: Correct.

11:15:29 Motion by Mrs. Montelione, second by Mr. Suarez on 84.

11:15:33 All in favor?

11:15:34 Opposed?




11:15:34 The ayes have it unanimously.

11:15:42 Item 80 through 86, did I open those hearings?

11:15:47 >> You did, sir.

11:15:51 >>CHARLIE MIRANDA: Oh, this is staff report.

11:15:52 Item 845th is resolution accepting the proposal of

11:16:02 Woodruff and sons.

11:16:07 Item 86.

11:16:08 >>LISA MONTELIONE: This is Lisa Montelione. I have a

11:16:09 question for staff.

11:16:12 Or maybe Mr. Territo on number 85.

11:16:15 >> My name is Mike Herr, administrator public works and

11:16:23 utility services.

11:16:25 Items 85 and 86 are companion items.

11:16:28 Item 85 is a resolution accepting a proposal from Woodruff

11:16:33 and sons incorporated who is a low bidder to contract the

11:16:39 appropriate members listed for the Drew Park CRA phase 2

11:16:43 Grady Avenue improvement in the amount of $4,720,888.88.

11:16:50 They are asking approval to authorize execution of the

11:16:52 contract by the mayor of the City of Tampa providing an

11:16:55 effective date.

11:16:56 As I'm sure all of you are familiar, this is the phase 2 of

11:17:02 infrastructure improvements in this large CRA neighborhood.

11:17:06 The background of this as I mentioned is that this is a

11:17:09 second phase of the planned CRA improvements, and the

11:17:13 project will provide for a lot of land improvements on




11:17:17 Grady, reconstructing Grady Avenue, we are going to be

11:17:20 installing new sidewalks, making drainage improvements,

11:17:23 putting in a stormwater system, we will be taking out an old

11:17:26 water line and putting in a new water line, we will be

11:17:30 reconstructing Grady as I mentioned with a now sidewalk on

11:17:33 streetscape.

11:17:34 And there were eight bids received on May 22nd, 2012, and

11:17:41 the low bidder on this project is of course Woodruff and

11:17:46 sons incorporated, and we ask for the council's

11:17:49 consideration this morning.

11:17:53 >>CHARLIE MIRANDA: Ms. Montelione, any further questions on

11:17:55 835?

11:17:55 >>LISA MONTELIONE: Yes, sir.

11:17:59 The only question I have was, because this is CRA item,

11:18:06 where Drew Park is a CRA, and I don't recall, but did we

11:18:14 approve sitting as the Community Redevelopment Agency this

11:18:18 project in total on phase 1 and phase 2 was approved by

11:18:23 the -- by us sitting as CRA?

11:18:27 And I think that was a question for Mr. Territo.

11:18:30 >>SAL TERRITO: (Speaking off microphone) Yes.

11:18:31 This is Sal Territo.

11:18:32 This is part of your overall budget for the CRA.

11:18:34 And what's happening between 85 and 86 is some of the money

11:18:38 from 85 has already been approved by the CRA.

11:18:41 Simply moving the additional funding, needs to complete that




11:18:45 project.

11:18:45 >>LISA MONTELIONE: And 86, is that TIF funds?

11:18:54 I see local option gas tax fund.

11:18:57 So the funds being moved in 86 are not TIF funds that have

11:19:04 to be voted on by the CRA?

11:19:07 >>SAL TERRITO: No.

11:19:07 The difference between what's in 85 and 86, the portion in

11:19:11 85 that's not contained in 86 would have been TIF funds

11:19:14 which you already approved.

11:19:15 The money in 86 is to make up the difference you need for

11:19:18 the entire contract.

11:19:18 >>LISA MONTELIONE: Thank you very much.

11:19:22 >>CHARLIE MIRANDA: Any further questions by council members?

11:19:24 >> Move item 8 Pa?

11:19:28 >>: I have a motion by Mr. Territo on 85, second by Mr.

11:19:30 Reddick.

11:19:31 All in favor?

11:19:33 Opposed?

11:19:34 Motion passes unanimously.

11:19:38 On 86 by Mr. Suarez, seconded by Mr. Cohen.

11:19:42 All in favor of the motion please indicate by saying aye.

11:19:44 Opposed nay.

11:19:46 Motion passes unanimously.

11:19:48 Thank you very much.

11:19:51 Items 87 through 92 are quasi-judicial.




11:19:54 >> Move to open.

11:19:57 >> Motion to open by Mr. Suarez, second by Mr. Reddick.

11:20:03 All in favor of the motion?

11:20:05 Opposed?

11:20:06 87 through 92 is now open.

11:20:12 87 is a continued public hearing.

11:20:14 Is city staff here?

11:20:15 >>SAL TERRITO: Just a remainder that Mrs. Montelione cannot

11:20:21 participate in the remainder of the agenda.

11:20:24 >>CHARLIE MIRANDA: Mrs. Montelione, I'm sure you heard.

11:20:27 That you can listen in but you can't participate because

11:20:28 they are quasi-judicial.

11:20:30 >>REBECCA KERT: Legal department.

11:20:31 It's my understanding that Ms. Coyle forwarded an e-mail to

11:20:35 the clerk's office on these matters.

11:20:37 I have no personal knowledge but I believe her e-mail

11:20:40 requested that la TERESITA, they filed a report, and that

11:20:51 mama's kitchen be continued to August due to the owner being

11:20:55 out of town or out of the country.

11:20:56 >> So moved.

11:20:59 >>CHARLIE MIRANDA: We'll get that all cleared up.

11:21:02 One is outside of the country.

11:21:04 That completes that agenda.

11:21:06 We have a motion by Mr. Cohen, second by Mr. Suarez.

11:21:09 Further discussion by council members?




11:21:10 All in favor of the motion indicate by saying aye.

11:21:12 Opposed nay.

11:21:13 The ayes have it unanimously.

11:21:14 >>SAL TERRITO: To be continued to August 2nd.

11:21:21 >>CHARLIE MIRANDA: And that will be continued to August

11:21:22 2nd.

11:21:23 >>HARRY COHEN: That was the motion, to continue mama's

11:21:26 kitchen to August 2nd.

11:21:28 At 10 a.m.

11:21:30 >>CHARLIE MIRANDA: Second by Mr. Suarez at 10 a.m., on

11:21:32 mama's kitchen.

11:21:33 All in favor of that please indicate by saying aye.

11:21:36 Opposed nay.

11:21:39 The ayes have it unanimously.

11:21:40 We go now to 88.

11:21:48 88.

11:21:48 >>ABBYE FEELEY: Land Development Coordination.

11:22:17 I have been sworn.

11:22:18 88 is a continued public hearing, located at 3005 west

11:22:22 Columbus Avenue.

11:22:24 As you may recall, this was a case from last month's public

11:22:28 hearing at the West Tampa convention center, and the case

11:22:32 was continued for consideration of moving the building to

11:22:38 the front of Columbus Avenue due to the site being located

11:22:43 in an urban village.




11:22:46 I provided you with the revised site plan.

11:22:51 And also a revised staff report that I provided yesterday

11:22:55 via e-mail.

11:22:56 But in case you didn't get that I did provide hard copies.

11:23:04 I would like to quickly go over the modifications that were

11:23:07 proposed by the applicant.

11:23:09 And are reflected on the new site plan.

11:23:11 Then also modifications that are outstanding that would need

11:23:14 to be required.

11:23:15 As you can see in the front line of the staff reports, staff

11:23:20 does find the application consistent based on the

11:23:22 modifications that were made.

11:23:26 One of the waivers has been changed.

11:23:30 Wail do is go through page 2 of the staff report.

11:23:33 It has the total modifications that were made on the new

11:23:37 plan.

11:23:38 The first is that the building location.

11:23:39 The building location has now been moved to west Columbus.

11:23:44 It has a ten-foot setback along the south, 105 feet along

11:23:48 the north, 80 feet along the west, and 89 feet along the

11:23:52 east.

11:23:53 The building square footage was increased from 14,700 to

11:23:59 16,066.

11:24:03 This was an increase of 1366 feet which resulted in more

11:24:06 parking being required.




11:24:10 The waiver originally was from 92 spaces down to 68.

11:24:14 So now at 105 spaces down to 78 because they picked up ten

11:24:18 spaces bathed based on the new design, the overall

11:24:21 percentage of the waiver is still at 26%.

11:24:24 There is a standing objection from transportation related to

11:24:27 the request for parking to be reduced.

11:24:32 And that was the same as on the first hearing since it was

11:24:37 26%.

11:24:39 Elevation.

11:24:39 The building elevation for the eastern tenant which is

11:24:43 dollar general has been revised to include the required 50%

11:24:46 transparency for the southern building fa SAT sad, and

11:24:51 continue add long the eastern side of the building.

11:24:57 The western portion of the building to comply as well.

11:25:01 The elevations that are provided attached to a staff report

11:25:04 for the dollar general only.

11:25:05 Elevations were not provided for the second tenant space to

11:25:09 the west, and the applicant is committing to treat that as

11:25:14 would be consistent with the first building space.

11:25:20 My last point was the parking and I have gone over that with

11:25:23 you.

11:25:23 Based on the site plan modifications with the exception of

11:25:26 the parking that has standing objections from

11:25:28 transportation, Land Development Coordination and urban

11:25:31 design does find the application consistent with the




11:25:33 provisions of the urban village.

11:25:41 I provided you a revision sheet as well on those items.

11:25:44 And one of the -- there was a modification made to that

11:25:49 revision sheet based on correspondence with Mr. Gardner, and

11:25:53 he is here today.

11:25:54 Other than that, I believe -- and with that modification, I

11:25:57 believe that the applicant is in agreement with the

11:26:02 revisions that are being proposed in between first and

11:26:04 second reading.

11:26:09 I do need the future land use corrected on the site plan.

11:26:12 The site plan notes numbered, and one of the notes, note 17,

11:26:16 to be removed.

11:26:17 Also, to correct the landscape plan sheet.

11:26:20 The landscape plans for the bus shelter right in the middle

11:26:23 of the driveway into the building.

11:26:25 It's correct on the site plan but not on the landscape piece

11:26:30 so I would like that to be removed.

11:26:32 If they can revise the site plan setback to the south to say

11:26:36 10-foot maximum, they have minimums and all the rest, and

11:26:40 they did not take care of that south one.

11:26:44 There would be a notation about the western building tenant

11:26:49 space and the 50% transparency being satisfied at the time

11:26:53 that building number 2 comes in.

11:26:55 And also notation about the western side of the dollar

11:27:00 general, should that second building not be built, we would




11:27:03 like there to be embellishment against that wall as well,

11:27:06 seeing that this could be a phase development with one

11:27:08 building coming in one time and not necessarily both coming

11:27:11 in at the same time.

11:27:14 Natural resources, and also I see that I missed one.

11:27:24 There are several trees shown around the dumpster

11:27:27 enclosures, two crape myrtles, and then I believe a

11:27:30 Magnolia, and they are not going to be able to provide the

11:27:35 clearance, when the dumpster is picked up, so I need to have

11:27:40 those moved out from the dumpster enclosure as well to

11:27:43 provide the required clearance.

11:27:44 So on the landscape sheet, I wanted that to be shown.

11:27:51 They just need to be moved out and there's plenty of space

11:27:53 there to take care of them.

11:27:55 There were two notations that needed to be provided by

11:27:59 natural resources.

11:28:00 The first was minimum protective radius, not scaling

11:28:03 properly, and also that landscape note number 9 that there

11:28:07 will be landscaping within the pro tech Texas of the trees.

11:28:14 Lastly where the trees were covered with some solid waste,

11:28:17 they did make the notation those trees shown on the

11:28:19 landscape plan are far too close to the enclosure to be

11:28:22 allowed for the required clearance.

11:28:24 If we can get all that between first and second reading, we

11:28:27 can go ahead and get this closed.




11:28:31 Thank you.

11:28:31 >>CHARLIE MIRANDA: Any questions by council members at this

11:28:32 time?

11:28:33 Petitioner?

11:28:33 >> Truett Gardner, North Tampa Street.

11:28:37 We are happy to be able to accommodate on the setback issue

11:28:40 which is the primary issue.

11:28:41 We are also in agreement with the changes that need to be

11:28:44 made between first and second reading so those will be done.

11:28:48 Just to explain one thing on the slight increase of the

11:28:50 square footage on building two.

11:28:55 They are still talking to various tenants, so they wanted

11:28:58 the most flexibility they can get to be able to secure it as

11:29:03 quickly as possible for that.

11:29:04 So that's 1300 square foot increase.

11:29:08 We are happy to answer any questions and thank you for staff

11:29:11 time and for your time.

11:29:15 >>CHARLIE MIRANDA: Okay with, is by 37 and a half feet by

11:29:17 40.

11:29:18 Any questions by council members?

11:29:19 Ms. Capin?

11:29:20 >> I'm glad to see this worked out.

11:29:24 It has been worked out.

11:29:25 And because I know that the council members, at least I did,

11:29:30 are going to speak -- I'm not going to speak for the rest,




11:29:33 but the owners of the property wanted to sell, there was a

11:29:37 buyer, and really don't want to stand in the way of private

11:29:41 property.

11:29:41 But we do have rules and regulations that will make the area

11:29:49 better.

11:29:50 And I appreciate the time that we have taken to do this.

11:29:56 I, along with the members of the Centro Espanol, wanted this

11:30:00 to happen and I'm glad it did.

11:30:02 I'm glad it came to this.

11:30:03 So I will be supporting it.

11:30:05 >>MIKE SUAREZ: Again, I will reiterate what Councilwoman

11:30:11 Capin said.

11:30:13 Congratulations.

11:30:14 This is 45 days you have been on this, something like that?

11:30:17 >> It's been longer than that.

11:30:19 >> I thought you just parachuted in to kind of help out.

11:30:22 Good job and thank you very much for working through this.

11:30:26 I think we are all in agreement with what Councilwoman Capin

11:30:30 was saying was we don't want to stand in the way of a sale

11:30:33 but at the same time make sure our standards are met.

11:30:35 Thank you very much for your help and for your client, too.

11:30:39 >>CHARLIE MIRANDA: Okay, this is first reading of this

11:30:43 ordinance.

11:30:44 So public speaks at the second hearing.

11:30:48 Any further comments by council members?




11:30:51 Any closing statements you want to make?

11:30:54 >> No.

11:30:55 >>CHARLIE MIRANDA: I need a motion to close.

11:30:57 Motion to close by Mr. Suarez, second by Ms. Capin.

11:31:01 All in favor of the motion please indicate by saying aye.

11:31:05 Opposed nay.

11:31:06 The ayes have it unanimously.

11:31:07 Who would want to read this ordinance?

11:31:10 Mr. Suarez?

11:31:11 >>MIKE SUAREZ: I present an ordinance being presented for

11:31:13 first reading consideration, an ordinance rezoning property

11:31:16 in the general vicinity of 3005 west Columbus drive in the

11:31:21 city of Tampa, Florida and more particularly described in

11:31:23 section 1 from zoning district classification CG commercial

11:31:27 general and RF 5O residential single-family to PD planned

11:31:31 development, strip shopping center, retail sales, all

11:31:35 commercial general uses including revision sheets provided

11:31:39 by staff, and the vertical revisions provided by staff,

11:31:44 providing an effective date.

11:31:45 >> I have a motion by Mr. Suarez.

11:31:48 Second by Mr. Capin.

11:31:49 All in favor of the motion?

11:31:51 Opposed nay?

11:31:53 The ayes have it unanimously.

11:31:55 Thank you for appearing.




11:31:57 Second hearing would be --

11:31:59 >>THE CLERK: August 2nd at 9:30 a.m.

11:32:02 The motion carried with Mulhern being absent and Montelione

11:32:06 being prohibited from voting pursuant to rule 3.G-2.

11:32:14 >>CHARLIE MIRANDA: Thank you very much.

11:32:14 Item number 89 I think was taken care of earlier.

11:32:18 When we did the addendum to move this to January 24th.

11:32:22 Am I correct, clerk?

11:32:24 >>THE CLERK: Yes.

11:32:25 >>CHARLIE MIRANDA: We go to item number 90 for public

11:32:27 hearing.

11:32:38 Yes, sir.

11:32:38 >> Joel Sousa, Land Development.

11:32:59 Petition V-12, 229, property address 1625 East 7th Avenue.

11:33:04 Applicant's name is AMC incorporated.

11:33:11 Consistent with applicable City of Tampa codes.

11:33:14 There's some slight modifications to be made between first

11:33:16 and second reading.

11:33:17 The current zoning of the property is YC-1, Ybor City, in

11:33:22 the commercial core.

11:33:23 Proposed special use request is alcohol beverage sales in

11:33:27 association with a restaurant and bar for the beer, wine

11:33:31 liquor sales consumption on premises only.

11:33:34 They are requesting one waiver.

11:33:35 The waiver is to reduce the required minimum distance




11:33:38 separation from 250 feet to 99 feet to other establishments

11:33:42 selling alcoholic beverages.

11:33:44 According to the application, the applicant proposes to

11:33:48 convert an existing vacant building space to a restaurant

11:33:50 and bar.

11:33:52 The site is located within the YC 1 zoning district which is

11:33:55 considered commercial core.

11:33:56 Of Ybor City.

11:33:57 Commercial unit contains 6,650 square feet and is on the

11:34:01 first floor only.

11:34:03 The occupant load of 235 people.

11:34:07 The zoning district is exempt from parking requirements.

11:34:10 Therefore no parking is required for this use.

11:34:14 I will show you some photographs of the site.

11:34:21 The Ybor Centro complex.

11:34:31 7th Avenue.

11:34:37 Here we are looking toward the east.

11:34:39 This is the subject property right there.

11:34:45 Back on 7th Avenue looking west.

11:34:51 Looking towards the south on 17th street.

11:34:53 This is again the subject property.

11:34:57 They are looking east of 7th Avenue.

11:35:01 And a corner shot of the building.

11:35:04 This is the building in question.

11:35:05 >> Officer Don Miller, City of Tampa police department.




11:35:18 We have no objection.

11:35:21 >>CHARLIE MIRANDA: Is petitioner here?

11:35:25 City going to make a presentation?

11:35:30 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza.

11:35:32 I represent AMC Ybor which is the franchisee from Buffalo

11:35:38 Wild Wings restaurant.

11:35:39 That will be the occupant of the premises for this

11:35:42 restaurant operation.

11:35:43 We are going through a Barrio Latino administrator approval

11:35:47 right now for improvements.

11:35:49 We foresee in a problem at all.

11:35:51 We are striving to receive a building permit in August, and

11:35:55 build this restaurant out so we can start operating in the

11:35:58 fall.

11:35:59 I have spoken with Vince Pardo of the YCDC.

11:36:02 He's very encouraged by the project.

11:36:04 We respectfully request your approval.

11:36:06 I have received no inquiries from any property owners as to

11:36:10 objections or other ways.

11:36:13 >>CHARLIE MIRANDA: Any further comments by council members?

11:36:15 This is first reading, so we go to second reading for public

11:36:19 comments.

11:36:19 >> Move to close.

11:36:22 >>CHARLIE MIRANDA: Move to close by Mr. Cohen, second by Mr.

11:36:24 Suarez.




11:36:24 All in favor of the motion?

11:36:26 Opposed?

11:36:27 The ayes have it unanimously.

11:36:28 Mr. Reddick, do you want to read this item number 90?

11:36:33 >>FRANK REDDICK: Move an ordinance for first reading

11:36:41 consideration, an ordinance approving a special use permit

11:36:44 S-2, restaurant on premises only making lawful sale of

11:36:52 beverages regardless of alcoholic content beer wine and

11:36:55 liquor on that certain lot, plot or tract of land located at

11:36:58 1625 East 7th Avenue, Tampa, Florida, as more particularly

11:37:02 described in section 2, imposing certain conditions based

11:37:06 upon the location of the property, that all ordinances or

11:37:10 parts of ordinances in conflict are repealed, providing an

11:37:13 effective date.

11:37:15 Including the revision sheet presented by staff.

11:37:20 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

11:37:21 Further discussion by council members?

11:37:23 All in favor of the motion please indicate by saying aye.

11:37:26 Opposed nay.

11:37:27 The ayes have it unanimously.

11:37:28 Thank you all very much for appearing.

11:37:29 >>THE CLERK: The second reading of the ordinance will be

11:37:34 held August 2nd at 9:30 a.m.

11:37:36 The motion carried with Mulhern being absent, Capin being

11:37:41 absent at vote, and Montelione being prohibited from voting




11:37:45 pursuant to rule 3-G-2.

11:37:53 >>CHARLIE MIRANDA: Thank you.

11:37:54 We now go to item number 91.

11:37:56 >>SAL TERRITO: Can we open 92 first?

11:38:03 >>CHARLIE MIRANDA: Okay. We go to item number 92 first.

11:38:05 Thank you, sir.

11:38:06 92 first.

11:38:11 >>MORRIS MASSEY: On behalf of petitioner.

11:38:12 We are asking for a continuance to September 27th.

11:38:14 Our expert on security matters was hired by a military

11:38:18 contractor and is in Afghanistan.

11:38:19 We found that out about the Fourth of July.

11:38:22 So that's the reason for the request.

11:38:23 >> So moved for a continuance.

11:38:26 >> The 27th at 10:30 a.m.

11:38:31 >> To September 27th at 10:30 a.m.

11:38:34 >> Seconded by Mr. Cohen on that item.

11:38:36 All in favor of the motion please indicate by saying aye.

11:38:38 Opposed nay.

11:38:40 The ayes have it unanimously.

11:38:41 We go back to 91.

11:38:42 I'm sorry.

11:38:43 I apologize.

11:38:47 >>ERIC COTTON: Land Development Coordination.

11:38:48 This is a review hearing of a variance review board case.




11:38:52 This is VRB-12-34 for property at 1401 east Fowler Avenue.

11:38:57 The applicant is represented by Todd Pressman.

11:39:03 The board heard this case on May 8th, 2012, and denied

11:39:08 the request.

11:39:08 The request is -- I will put a photo.

11:39:13 The request is to increase the height of the sign from 20

11:39:17 feet to 23 feet, to increase square footage of the sign from

11:39:20 50 square feet to 170 square feet and to reduce the primary

11:39:24 setback of the sign from 15 feet to 5 feet.

11:39:28 The request was, to summarize -- the existing sign is

11:39:35 nonconforming, and the goal was to put in electronic

11:39:38 messaging center in this portion.

11:39:39 In order to do that, they have to make the sign conforming.

11:39:42 So the board heard the case, determined there was not enough

11:39:49 of a hardship for 17.5 and denied the request. Happy to

11:39:55 answer any questions if you have any.

11:39:58 >>CHARLIE MIRANDA: Any questions by council members at this

11:39:59 time? Okay.

11:40:03 Petitioner?

11:40:07 >> Todd Pressman: I have this from the prior board for the

11:40:18 Council, if I may.

11:40:22 Mr. Chairman, council members, I am here for John Suh. John

11:40:34 and his family opened up a few new beauty supply stores, and

11:40:38 the location on Fowler as a site plan is noted here.

11:40:49 This is Fowler Avenue here.




11:40:51 It's a larger structure here.

11:40:55 The site has been almost vacant, and is working its way back

11:40:59 to being viable.

11:41:01 The existing sign of what's proposed is shown to you here.

11:41:05 This is an existing sign.

11:41:07 So the critical point I want to make to the board is there

11:41:11 is not going to be a single inch square footage larger than

11:41:20 what's there now.

11:41:21 It will not be an inch higher.

11:41:22 It will not change in any respect.

11:41:24 The only part that's proposed is this top area as noted

11:41:28 here, the actual face, will be switched to a digital element

11:41:33 which will work at the operation elements that the code

11:41:39 calls for at 50 square feet.

11:41:41 So again, there's not a single change in what the public

11:41:44 will see in terms of dimension or footprint or height or

11:41:48 size.

11:41:49 So our issue to the board primarily is that this is a

11:41:52 nonconforming sign which is smaller than just about every

11:41:55 other sign out there, as you can see from the photo that was

11:41:58 presented to you, and there's quite a bevy of large signs in

11:42:05 the area.

11:42:06 So to change -- to trigger a change of sign on the

11:42:10 nonconformity basis will put it at a huge disservice, or

11:42:14 unfair basis with every other property out there when this




11:42:17 is a property that's fighting to come back from economic

11:42:20 despair.

11:42:22 Quite frankly, if I may, with great respect to the chairman,

11:42:25 the board members, the VRB, their main contention as I

11:42:29 recall was that City Council had not made a change in the

11:42:32 ordinance to recognize these, and there's been a few that

11:42:34 have come through.

11:42:35 I have done a few of these in other cases.

11:42:38 City Council has approved them.

11:42:40 I know it was a little disheartening but this that is my

11:42:43 memory of the issue.

11:42:44 My understanding as well is there is a text amendment coming

11:42:46 through the city that will address these issues. So we felt

11:42:49 that we did have a good case of support for the board.

11:42:52 It's not anything that it would be more imposing or less

11:42:57 imposing than any other issue.

11:42:59 And strikes with the variance criteria and is a hardship.

11:43:03 And no one was in opposition to the request.

11:43:06 John is here.

11:43:07 They are trying to do good work in the city and helping to

11:43:09 bring properties back from disrepair.

11:43:12 If there are any questions I will be happy to answer them.

11:43:15 >>CHARLIE MIRANDA: Any questions by council members at this

11:43:16 time?

11:43:18 >>MIKE SUAREZ: Yes, sir, just a quick question.




11:43:20 And I don't see anybody from land use.

11:43:22 I think they all left.

11:43:23 Everybody left.

11:43:24 Oh, there you are.

11:43:24 I apologize.

11:43:26 I don't get to see you that much.

11:43:30 The reason why the VRB declined this request is because it

11:43:36 becomes nonconforming the minute that you make a digital,

11:43:39 correct?

11:43:40 >> To make it digital you have to -- the sign is

11:43:44 nonconforming.

11:43:44 >> But it's grandfathered in.

11:43:48 So any change you make --

11:43:51 >> Have to make a conforming sign, correct.

11:43:54 >> And I think that Mr. Pressman made a comment that we or

11:43:58 the council has -- we approved this before?

11:44:02 I am trying to remember.

11:44:03 >> Council has approved.

11:44:10 >>CHARLIE MIRANDA: Okay, anyone in the audience care to

11:44:11 speak on item number 91?

11:44:17 This is quasi-judicial.

11:44:20 Everybody has been sworn in?

11:44:21 >> No, I haven't been sworn in.

11:44:23 Thank you.

11:44:25 >>CHARLIE MIRANDA: I saw you come in late.




11:44:26 >> Yes, I did.

11:44:27 (Oath administered by Clerk)

11:44:29 >> As you know, this is a legal nonconforming sign.

11:44:40 And like all of the other legal nonconforming signs on

11:44:44 Fowler oh he-

11:44:45 >> Wait a second.

11:44:46 You aren't opt VRB, are you?

11:44:48 >> No, I'm not.

11:44:49 >>SAL TERRITO: I apologize.

11:44:51 >> Susan Long: I would do that if they would ask me but I'm

11:44:55 not.

11:44:56 [ Laughter ]

11:45:01 This sign like any other sign on Fowler or any other place,

11:45:05 if a hurricane comes or wind blows it down, a truck runs

11:45:09 into it or knocks it over, then it's required to meet the

11:45:12 current code.

11:45:13 If you approve the code, City Council approves the code, to

11:45:19 get rid of all those huge signs, and this one is allowed,

11:45:24 the next one is going to come in and say well, you let them

11:45:28 do it.

11:45:28 We wrote the code for a purpose.

11:45:30 We need to stick with that.

11:45:32 We set up VRB, so if somebody had an unusual hardship, or

11:45:37 hardships, that they can get a waiver of the code.

11:45:40 VRB has looked at it and they have no hardship other than




11:45:43 the fact that they can't put their digital sign in there.

11:45:46 I would strongly encourage you to not approve this appeal.

11:45:50 Thank you.

11:45:53 >>CHARLIE MIRANDA: Thank you very much.

11:45:53 Anyone else?

11:45:54 Petitioner?

11:45:55 You have rebuttal time.

11:45:56 >> Todd Pressman: I always appreciate comments from the

11:46:02 public but all the surrounding property owners in the area,

11:46:06 no one was in opposition to it, in a one stood in

11:46:08 opposition, and the fine woman who was here today did not

11:46:11 speak in opposition at the hearing.

11:46:13 I think very clearly, again, this is an issue that the City

11:46:18 Council recognized and is making its way through the city

11:46:22 anyway.

11:46:22 And in the prior issues, the exact same nature, the City

11:46:26 Council has approved and recognize that the changes proposed

11:46:29 here is really not creating any bigger sign than what we

11:46:36 have already.

11:46:37 In regards to the variance criteria, it is a problem,

11:46:40 particularly because the code is not -- has not caught up

11:46:43 with the electronic age that we are in.

11:46:45 So on that basis, we very much appreciate your time and

11:46:49 attention today.

11:46:50 Thank you very much.




11:46:52 >>CHARLIE MIRANDA: Thank you very much.

11:46:53 Mr. Suarez.

11:46:53 >>MIKE SUAREZ: Do you want to go first?

11:46:56 >> No, go ahead.

11:46:57 >>MIKE SUAREZ: I think, Mr. Pressman, you mentioned there's

11:47:03 a text amendment coming through and we could have land use.

11:47:06 Is there a text amendment coming through currently to deal

11:47:08 with this situation?

11:47:10 >> There's one being addressed by staff, by Cathy Coyle's

11:47:15 office.

11:47:16 My understanding it might be in the July cycle.

11:47:17 So January of next year probably the time it would get to

11:47:25 council.

11:47:25 >>MIKE SUAREZ: Thank you.

11:47:34 >>CHARLIE MIRANDA: I'm sorry, Ms. Capin?

11:47:37 >>YVONNE CAPIN: Thank you, Mr. Chair.

11:47:38 So if anything on this sign was changed, it would have to be

11:47:43 brought down?

11:47:46 >> Well, copy can be changed.

11:47:48 >> Copy can be changed.

11:47:49 As long as you don't alter the site.

11:47:52 But at that point, what is being suggested here, it needs to

11:47:57 be brought down to, what is it, eye level?

11:48:02 >> Structural change would have to meet current code, which

11:48:06 the setback is ten feet.




11:48:08 >> So it would have to be set back also?

11:48:13 >> Correct.

11:48:13 Takes code reads, the setbacks for a sign is five feet from

11:48:17 the property line.

11:48:18 As you increase the height, the setback has to increase.

11:48:23 Exceeding the height that it can get to, 20 feet.

11:48:26 That's why the height is before the board.

11:48:31 >>YVONNE CAPIN: Okay.

11:48:33 Thank you.

11:48:33 That explains it.

11:48:35 I'm good with that.

11:48:36 Thank you.

11:48:36 >>CHARLIE MIRANDA: Any other council members at this time?

11:48:39 Mr. Cohen?

11:48:40 >>HARRY COHEN: For the petitioner, if we denied this

11:48:44 request, the only -- you would have to -- you would be able

11:48:48 to put a static sign there, but not a digital sign, correct?

11:48:52 >> That's correct.

11:48:56 And under the operational elements of the city because

11:48:59 change is very slow, it would appear more like a static

11:49:03 sign.

11:49:03 >> Okay.

11:49:04 Right.

11:49:05 Because there's a five-minute limitation on how often the

11:49:08 sign can change.




11:49:09 >> Yes, sir.

11:49:10 >>HARRY COHEN: But the flip side is that you put a digital

11:49:14 sign there, would that then make the sign conforming so that

11:49:20 if it got blown down by a hurricane, it would then be able

11:49:23 to be put back up the same size as it is now?

11:49:31 >>ERIC COTTON: If council votes to overturn the -- it would

11:49:37 become a nonconforming sign.

11:49:38 >> So in the event it were lost, it could be replaced as is?

11:49:42 >> Correct.

11:49:43 >>HARRY COHEN: I have taken this position on other ones,

11:49:49 too.

11:49:49 If we are going to be serious about the sign ordinance, we

11:49:51 can't -- and I'm for the digital, for the digital signs, but

11:49:56 I don't want to continue to vote for these large signs to be

11:50:02 able to be replaced.

11:50:05 We have had these before.

11:50:09 Maybe I misunderstood.

11:50:10 I want to make sure I didn't misunderstand.

11:50:12 >>SAL TERRITO: If it gets knocked down by a hurricane, it

11:50:16 can be replaced -- if council votes to deny this request,

11:50:20 the sign falls down, the -- if a digital sign is knocked

11:50:30 down county be replaced.

11:50:31 >>HARRY COHEN: Correct.

11:50:33 The same size as it is now.

11:50:35 >>SAL TERRITO: (off microphone) right now it's a




11:50:38 nonconforming sign, is that correct?

11:50:40 >> They can put it back to -- if they -- they could not

11:50:45 replace it with exactly the same thing.

11:50:47 If we approve this, though, we are giving them the ability

11:50:50 to put the same thing back again forever.

11:50:55 Now, let me ask another question.

11:50:56 Is there any way to approve the digital sign without making

11:51:01 the sign conforming in perpetuity?

11:51:05 >> I would refer to legal for that one.

11:51:10 That's a legal question.

11:51:14 I don't know the answer.

11:51:17 If you can put conditions on it.

11:51:18 I don't know.

11:51:19 >>HARRY COHEN: That's my concern.

11:51:23 >> Todd Pressman: I did touch base with John and if you

11:51:28 want to add if the sign is destroyed to the current level as

11:51:32 indicated in city code.

11:51:34 I think it's 51%.

11:51:36 Whatever that level is.

11:51:38 That the sign would not be replaced at today's

11:51:41 configuration, as it exists, that would be fine so the

11:51:45 conformity can be addressed under that condition.

11:51:49 >>CHARLIE MIRANDA: Any other council members?

11:51:51 Ms. Capin?

11:51:52 >>YVONNE CAPIN: One of the things that -- I, too, understand




11:51:58 the digital, the digital age and how it's working.

11:52:02 But that would be reconstructing the sign, and that would

11:52:09 be -- I was thinking maybe not have the setback but bring it

11:52:14 down and have the digital.

11:52:17 In other words, bring it to the height without having to

11:52:21 have the setback and have the digital.

11:52:26 It's kind of a compromise in that you don't have that very

11:52:31 20-foot tall sign.

11:52:32 But also the compromise that you just stated about if that's

11:52:38 something that we can put in there that should the sign come

11:52:41 down for any reason, it has to conform to the code.

11:52:47 That might be something that I am going to think about.

11:52:51 >> Todd Pressman: The problem is once you chop a sign, you

11:52:59 lose the integrity.

11:53:01 Mechanically it's difficult to do.

11:53:03 Mechanically, or constructionwise, if you are looking to

11:53:07 chop a sign down, I am always told that you lose the

11:53:11 engineering ability of it.

11:53:15 But we are fine with that, in terms of if this is knocked

11:53:18 down or destroyed, we are fine with that condition.

11:53:27 >>CHARLIE MIRANDA: Any other council members?

11:53:28 Okay.

11:53:28 Anyone else in the public who has not spoken or would care

11:53:31 to speak on this item?

11:53:32 >> Pete Johnson, 510 Harrison.




11:53:40 Rules are rules.

11:53:42 We have a problem enforcing the codes and zonings that we

11:53:47 have now.

11:53:48 We need to stick with what is written until it gets changed.

11:53:54 Making, you know, special deals for this or that and

11:53:59 everything else, it's not fair.

11:54:01 We have to be consistent.

11:54:04 So, you know, the BRB did its thing.

11:54:08 They couldn't find any reason.

11:54:10 You had a chance to override it.

11:54:11 But that's like, you know, overriding the lower court.

11:54:15 If we have rules and regulations, there is nothing broken

11:54:19 with the rules and regulations, there's no major hardship.

11:54:24 Why do we keep bending the rules?

11:54:26 Thank you.

11:54:28 >>CHARLIE MIRANDA: Thank you.

11:54:28 So then you are saying, I'm just thinking that myself, that

11:54:32 no higher court should overrule the lower court?

11:54:35 Well, that's exactly what I heard.

11:54:38 All right.

11:54:39 Thank you very much.

11:54:41 What's the pleasure of the council?

11:54:42 I need to close the hearing first.

11:54:43 >> Move to close.

11:54:45 >>CHARLIE MIRANDA: Motion to close by Mr. Reddick, second by




11:54:47 Mr. Cohen.

11:54:48 All in favor of the motion?

11:54:50 Opposed?

11:54:51 The ayes have it unanimously.

11:54:53 What's the pleasure of the council?

11:54:56 And there's a procedure you have to follow on these review

11:55:00 hearings on 27.

11:55:04 >>HARRY COHEN: Let me see if I can craft a motion that

11:55:08 takes into account what this last part of the discussion

11:55:11 was, and that is to overturn the decision of the Variance

11:55:16 Review Board.

11:55:19 However, to impose a condition on the property that should

11:55:29 the sign ever come down for any reason, it will not be able

11:55:32 to be replaced at what would have been the grandfathered in

11:55:37 height.

11:55:37 It would have to conform to today's sign code ordinance.

11:55:41 >> Second.

11:55:48 >>CHARLIE MIRANDA: I am going to have to ask for legal's

11:55:50 opinion.

11:55:50 >> What I am trying to get at, if this would allow them to

11:55:56 replace the existing sign with a digital sign, but it would

11:56:03 not then change the designation of the sign itself into

11:56:12 conformance.

11:56:13 Because if it did that, it would then go with the land and

11:56:15 could be replaced at the size that it is now as opposed to




11:56:19 under the city's new sign regulations.

11:56:21 >>SAL TERRITO: I don't think you can do that.

11:56:24 I think that goes beyond the conditions placed on it.

11:56:28 >>HARRY COHEN: How would you craft it then to accomplish

11:56:30 this?

11:56:30 >>SAL TERRITO: Basically say -- you can't -- (off

11:56:39 microphone).

11:56:41 >> But the condition that would be placed on the property

11:56:43 would be that if the sign ever came down for any reason, it

11:56:47 could only be replaced according to the city's existing code

11:56:50 and sign ordinance?

11:56:52 >>SAL TERRITO: That's the way it would be now.

11:56:54 >>HARRY COHEN: But the problem is now, if the sign were to

11:56:57 come down, if we designated conformance and the sign comes

11:57:00 down, they can replace it exactly as is, and that's what I

11:57:04 think we are trying to avoid.

11:57:05 >>SAL TERRITO: If you overrule the VRB you are making it a

11:57:11 conforming sign.

11:57:15 >>CHARLIE MIRANDA: If you speak I have to open the hearing.

11:57:16 >>SAL TERRITO: I am not clear on how this works in this

11:57:25 area.

11:57:25 But I think having a clarification, if you approve -- if you

11:57:29 overrule the VRB, you overrule the VRB, that if it becomes a

11:57:36 conforming sign then it has to be to the standards of the

11:57:39 existing sign ordinance.




11:57:40 >>CHARLIE MIRANDA: Let me see if I can facilitate the -- I

11:57:44 understand the sides involved and what I would like to do is

11:57:49 get a good solid legal opinion is to give the counsel a

11:57:52 chance to review and understand exactly what we are all

11:57:56 trying to say.

11:57:58 So maybe Mr. Cohen would like to ask for a continuation for

11:58:01 two weeks.

11:58:02 >>HARRY COHEN: I would like to continue it for two weeks to

11:58:05 our August 16th -- excuse me, our August 2nd

11:58:10 meeting.

11:58:12 >>YVONNE CAPIN: Second.

11:58:13 >>CHARLIE MIRANDA: All right.

11:58:13 >>HARRY COHEN: And we'll have a full council, too.

11:58:20 >>CHARLIE MIRANDA: Yes.

11:58:20 And ask the legal department to research your statement.

11:58:23 >> Is that a time certain?

11:58:28 >>CHARLIE MIRANDA: At approximately a time.

11:58:28 >>HARRY COHEN: It's not a heavy agenda that day.

11:58:32 Approximately 10:30 a.m.

11:58:33 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

11:58:35 I have a second by Ms. Capin, I believe to move this for two

11:58:39 weeks to August 2nd at 10:30 a.m. in the morning.

11:58:42 And the question was asked that the legal department

11:58:45 research this and come back with a written statement

11:58:48 regarding this.




11:58:49 So I'll take a vote on that.

11:58:51 All in favor of the motion please indicate by saying aye.

11:58:54 Opposed nay.

11:58:55 The ayes have it unanimously.

11:58:56 Thank you all very much for attending.

11:58:58 I appreciate it very much.

11:59:00 Okay.

11:59:01 I believe we are at the section of the agenda on information

11:59:06 reports and new business.

11:59:08 We'll go from right to left.

11:59:10 I hope I completed the general. I don't think I missed any

11:59:14 one of them.

11:59:14 >>SAL TERRITO: When you passed the addendum to the agenda,

11:59:19 there was --

11:59:21 >>HARRY COHEN: I am going make a motion to that.

11:59:25 >>CHARLIE MIRANDA: Yes, sir.

11:59:26 I appreciate it very much, Mr. Attorney.

11:59:28 Mr. Suarez, right to left.

11:59:30 >>MIKE SUAREZ: Thank you, chair.

11:59:32 Recently, I met with representatives from TPD and the

11:59:34 statewide prosecutor's office.

11:59:37 It appears there's human trafficking in our community and

11:59:40 our city at dozens of establishments, which are openly

11:59:45 operating brothels.

11:59:47 Other cities like Dallas have updated their code and had




11:59:50 success in shutting down these types of establishments.

11:59:53 I would like to request that the city attorney provide a

11:59:56 report with recommendations on changes to specific sections

12:00:00 of our code.

12:00:01 The statewide prosecutor's office and TPD recently brought

12:00:05 to my attention the city's regulation of massage parlors and

12:00:08 that we should look at some potential changes to be sure we

12:00:11 aren't tacitly allowing human trafficking to take place here

12:00:14 in our city.

12:00:16 I also would like to ask that the city attorney provide a

12:00:20 report by the end of, I would say, October 4 at 10 a.m.,

12:00:23 explaining how the current provisions operate, and provide

12:00:27 recommendations for an amendment.

12:00:28 >> Motion by Mr. Suarez.

12:00:30 Second by Mr. Reddick.

12:00:32 Further discussion by council members?

12:00:35 All in favor?

12:00:36 Opposed?

12:00:37 The ayes have it unanimously.

12:00:38 Anything else?

12:00:39 Ms. Capin?

12:00:41 >>YVONNE CAPIN: Yes, sir.

12:00:41 This pertains to Main Street and the park.

12:00:46 And, you know, Main Street is a gem that's being abused.

12:00:52 And this debate leads to improvement and development of the




12:00:58 street, then it's good.

12:01:02 For the neighborhood and for the city.

12:01:04 What I would like to suggest -- and this goes along with

12:01:08 what Councilman Cohen said about the suggestion that we all

12:01:15 go by there and familiarize ourselves with it.

12:01:18 I would like to go a step further, and I propose that

12:01:24 council members contact major Joe Kilkowski, who is district

12:01:38 1, that's the district, and ask for an escort, and besides

12:01:45 going by there, try to go by there 12 a.m., 1 a.m., with

12:01:51 police, and look at the area.

12:01:54 I did that with Howard Avenue, and it was extremely

12:01:57 informative.

12:01:59 I suggest not only during the day but go if you can in the

12:02:06 wee ours of the morning on a Friday, Thursday, or Saturday,

12:02:09 whatever works best.

12:02:10 It's not a motion.

12:02:11 It's just a suggestion.

12:02:14 >>CHARLIE MIRANDA: Anything else, Ms. Capin?

12:02:17 >>YVONNE CAPIN: That's it for me.

12:02:18 >>CHARLIE MIRANDA: I appreciate it very much.

12:02:19 Mr. Reddick?

12:02:21 >>FRANK REDDICK: Thank you, Mr. Chair.

12:02:28 Two brief items.

12:02:50 One is a motion to recognize Dr. Alma Hires for dedicated

12:02:54 service to the City of Tampa code enforcement, public




12:02:57 Nuisance Abatement Board, on August 16, 2012.

12:03:02 That's a motion.

12:03:05 >>CHARLIE MIRANDA: Motion by Mr. Reddick.

12:03:06 Second by Mr. Suarez.

12:03:07 All in favor? Opposed?

12:03:10 The ayes have it unanimously.

12:03:11 >>FRANK REDDICK: The other item, Mr. Chair, is that Julia

12:03:16 Cole and I had an opportunity to meet with the state

12:03:18 attorney's office, Hillsborough County sheriff, attorneys as

12:03:23 well as Commissioner Les Miller, and yesterday the

12:03:28 Hillsborough County Commission directed the attorney to

12:03:30 bring back regulating synthetic drugs.

12:03:34 I want to make a motion that the legal department come back,

12:03:38 legal department work with Hillsborough County attorney's

12:03:41 office, an attorney for the Hillsborough County sheriff's

12:03:42 office, and advise them moving forward a draft ordinance

12:03:47 regulating synthetic drugs.

12:03:49 I request that the legal department bring this back to the

12:03:51 City Council in 90 days.

12:03:52 >> Second.

12:03:54 >>CHARLIE MIRANDA: Motion by Mr. Reddick, second by Mr.

12:03:56 Suarez.

12:03:57 Further discussion by council members?

12:03:59 All in favor? Opposed?

12:04:00 The ayes have it unanimously.




12:04:01 Anything else, Mr. Reddick?

12:04:03 I go back to Mr. Suarez.

12:04:04 I think you forgot one.

12:04:06 >>MIKE SUAREZ: Thank you very much.

12:04:08 After what happened with Mr. Reddick I'm not sure I can

12:04:10 speak, but I would like to ask for a commendation from City

12:04:15 Council concerning Alessi Bakeries which is one of the

12:04:21 oldest businesses here in the city that is still going, and

12:04:24 a great family business operated not that far from Main

12:04:28 Street, Mr. Reddick, before they moved on to Cypress Street.

12:04:32 So I ask for that commendation to be delivered or presented

12:04:35 here at council at a later date.

12:04:37 >> Second.

12:04:41 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

12:04:43 Mr. Cohen.

12:04:44 Further discussion?

12:04:44 All in favor of the motion?

12:04:46 Opposed?

12:04:47 The ayes have it unanimously.

12:04:48 Mr. Cohen.

12:04:48 >>HARRY COHEN: Thank you, Mr. Chair.

12:04:50 I have a couple of items.

12:04:52 First of all, I would like to make a motion that we schedule

12:04:57 a special called meeting of the City Council for immediately

12:05:02 preceding -- preceding the August 9th CRA meeting at




12:05:05 9 a.m. so that the mayor can present his fiscal year 2013

12:05:10 proposed budget.

12:05:14 >>CHARLIE MIRANDA: Second by Mr. Suarez on a very close vote

12:05:16 with Ms. Capin.

12:05:17 All in favor of the motion?

12:05:19 Opposed?

12:05:19 The ayes have it unanimously.

12:05:21 >>HARRY COHEN: Second, I would like to make a motion that

12:05:24 Gwyn young, shareholder with Carlton Fields, appear before

12:05:30 council on August 16th at 9:00 to receive a commendation

12:05:33 in recognition of her recently becoming president of the

12:05:36 Florida Bar.

12:05:37 She is the fifth woman to become president of the Florida

12:05:40 Bar, and for the first time in a decade the president of the

12:05:43 Florida Bar in Tampa.

12:05:45 >> I have a motion by Mr. Cohen, second by Ms. Capin.

12:05:50 All in favor? Opposed?

12:05:53 The ayes have it unanimously.

12:05:54 >>HARRY COHEN: Finally, I have an item that was given to me

12:06:00 by Councilwoman Montelione's office to invite council

12:06:06 members to the homeless coalition charrette week, which will

12:06:10 take place Monday, July 23rd, Tuesday, July 24th, at

12:06:15 Hyde Park United Methodist Church, and then there will be

12:06:19 two follow-up sections on the 26th and 30th, to

12:06:23 finalize the community ten-year plan to end homelessness,




12:06:26 and Councilwoman Monte Montelione wanted to encourage

12:06:29 council members and others in the communities to attend.

12:06:32 And I did want to take this opportunity on behalf of all of

12:06:35 us to express condolences to councilwoman's Montelione whose

12:06:40 mother passed away last night.

12:06:44 >>CHARLIE MIRANDA: Thank you very much, Mr. Cohen.

12:06:46 I appreciate that very much.

12:06:47 And from all of us, all of us sometime joke, sometimes

12:06:53 through business for the city, and work diligently, but when

12:06:56 you lose a mother, you lost everything.

12:06:59 So our condolences.

12:07:02 Okay.

12:07:04 I know that we have various comments from the general

12:07:07 public.

12:07:08 All 500 of you want to come up?

12:07:16 You are entitled to.

12:07:21 Not because I like you but because you are entitled to it.

12:07:23 (Meeting adjourned followed by public comment.)

12:10:49

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