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TAMPA CITY COUNCIL

Thursday, August 16, 2012

9:00 a.m. session



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09:00:46 >>CHARLIE MIRANDA: Good morning.

09:05:03 The chair calls the meeting to order.

09:05:04 The chair yield to Mr. Frank Reddick.

09:05:07 >>FRANK REDDICK: Thank you, Mr. Chair.

09:05:11 It is an honor this morning to have in our presence the

09:05:13 founder of Without Walls International Church, Bishop Randy

09:05:22 White.

09:05:23 He will lead us in the invocation and pledge of allegiance.

09:05:26 >> Father, we love you, and we thank you for your goodness,

09:05:33 your mercy and your grace.

09:05:35 We thank you for this great City of Tampa, for its

09:05:40 leadership.

09:05:42 We pray for every council member today that you will

09:05:44 overshadow them an undergird them as they make decisions for




09:05:48 this community.

09:05:50 We are especially thankful, O God, for the RNC that's

09:05:55 coming.

09:05:55 We fully expect everything to go peaceful, under your

09:06:03 shadow, under your hand.

09:06:05 I pray all these things in your name.

09:06:07 Amen.

09:06:08 [ Pledge of Allegiance ]

09:06:08

09:06:31 >> Roll call.

09:06:34 >>MIKE SUAREZ: Here.

09:06:38 >>YVONNE CAPIN: Present.

09:06:40 >>HARRY COHEN: Here Miranda here.

09:06:44 >>FRANK REDDICK: Here.

09:06:46 >>CHARLIE MIRANDA: Need to pass a motion for the minutes of

09:06:50 August 9th.

09:06:51 >> So moved.

09:06:52 >> Second.

09:06:54 >>CHARLIE MIRANDA: The ayes have it unanimously.

09:06:55 All right.

09:06:55 We go now to the first presentation of the Police officer of

09:06:58 the Month.

09:07:00 I believe that's Mr. Frank Reddick.

09:07:02 >>FRANK REDDICK: It's my pleasure to recognize our officer

09:07:24 for the month of August being selected by the TPD as Officer




09:07:31 of the Month, and we are proud to present this commendation

09:07:34 to officer Jonathan Touchton.

09:07:38 And we will have John Bennett.

09:07:46 >> John Bennett standing in for Chief Castor who is out at

09:07:52 the academy with Mayor Buckhorn.

09:07:54 It's an honor to take an breath from the RNC and recognize

09:07:58 one of our hard working patrol officers master patrolman

09:08:03 John Hutchinson, a holistic police officer.

09:08:06 He doesn't just go out there and try to reduce crime and

09:08:10 improve quality of life.

09:08:10 He actually tries to find solutions to situations to keep

09:08:14 them from having happening again which is really the best

09:08:17 kind of crime prevention.

09:08:19 Jon is a dedicated officer in our New Tampa space.

09:08:24 I think you have heard Chief Castor say often that despite

09:08:27 having three patrol districts, six sectors, and then of

09:08:31 course New Tampa, every community requires a unique style,

09:08:37 and New Tampa is no different.

09:08:39 Jon embraces the community oriented policing model up in New

09:08:42 Tampa.

09:08:43 I can tell you, we have 240 police grids in the City of

09:08:46 Tampa.

09:08:47 37 of those grids are in New Tampa, and inside that area, I

09:08:52 would say that we have a community watch person in he have

09:08:55 single grid.




09:08:56 And it's because those officers in New Tampa understand that

09:09:01 relationship with the community that we are able to do our

09:09:04 job and actually have good success in New Tampa.

09:09:08 Now, specifically, why is Jon here now for Officer of the

09:09:10 Month?

09:09:11 Not only is his holistic policing carried on day after day,

09:09:16 but uniquely in the middle of May this year Jon did a

09:09:19 traffic stop and saw everything from drug complaints to

09:09:25 capturing terrorists around the country.

09:09:28 So traffic stop is a fundamental component of policing,

09:09:31 especially important in New Tampa, as we move between the

09:09:34 city and the county and some of the state roads.

09:09:38 What would seem a simple traffic stop, officer discovered

09:09:43 that the car had narcotics inside, marijuana.

09:09:46 On a further search, it had a high volume of cocaine inside

09:09:50 the vehicle.

09:09:51 And again this is just one example of many that Jon has

09:09:54 done.

09:09:56 Also, I would like to recognize his supervisor that came

09:10:02 down today biopsies it's that kind of leadership that allows

09:10:05 us to have a good crime reduction model in New Tampa. So we

09:10:09 would like to invite you, officer Touchton, to say a few

09:10:14 words.

09:10:17 [ Applause ]

09:10:18 >> On behalf of the Tampa City Council, we would like to




09:10:21 present this commendation to you being selected Officer of

09:10:24 the Month for August 2012.

09:10:27 Congratulations.

09:10:28 We have a few people that want to present you with a few

09:10:34 gifts.

09:10:34 >> Chip Deblock of the Tampa PBA.

09:10:38 Congratulations, Jon.

09:10:40 On behalf of our TBA, a $100 gift card for you.

09:10:45 Thank you.

09:10:45 >> Joe Durkin on behalf of Bright House networks.

09:10:53 Congratulations.

09:10:57 Thank you for the job you do every day for the citizens of

09:10:59 Tampa.

09:10:59 I'm here on behalf of Bright House networks for a one month

09:11:03 certificate of all of our services complimentary.

09:11:06 Congratulations.

09:11:07 >> Steve Stickley representing Stepps Towing.

09:11:15 On behalf of Jim and Judy and Todd step, we would like to

09:11:18 present a statue, a small token of our appreciation for a

09:11:23 job well done, and a gift card to Lee Roy Selmon's.

09:11:28 Enjoy it.

09:11:28 >> Frank DeSoto representing Bill Currie Ford, the Currie

09:11:38 family and all of our employees.

09:11:40 Congratulations to you.

09:11:41 I would like to present you with this watch, a token of our




09:11:44 appreciation for a job well done.

09:11:45 >> Good morning.

09:11:51 I'm Diane Wood from Straz Center.

09:11:54 Congratulations, officer.

09:11:56 Thank you for all that you do.

09:11:57 On behalf of everyone at the Straz center performing arts, I

09:12:02 would love to present you with two tickets to Anderson

09:12:05 Cooper.

09:12:07 Congratulations.

09:12:07 Thank you for all you do.

09:12:09 >> These flowers aren't really for you.

09:12:17 They are for your significant other.

09:12:28 >>STEVE MICHELINI: I'm here to give you all the Cuban

09:12:30 sandwiches that they brought.

09:12:32 [ Laughter ]

09:12:33 They don't know that yet.

09:12:34 But you can take them with you.

09:12:37 On behalf of Prestige Photos, we are going to provide you

09:12:40 with a gift certificate for you and your family to have your

09:12:42 portraits taken.

09:12:44 And on behalf of Bern's steakhouse we will provide you with

09:12:47 a gift certificate to enjoy a fine dinner after you have had

09:12:50 all the Cuban sandwiches, but you have to eat them all, and

09:12:54 then you can go to Bern's.

09:12:56 Congratulations.




09:12:57 Thank you for what you do for us.

09:12:58 >> Thank you, chief, for the award.

09:13:05 Thank you, Sarge.

09:13:06 I'm blessed to work with this good sergeant here and this

09:13:11 squad.

09:13:13 Thank you to the lieutenant.

09:13:16 My lieutenant is actually retiring today.

09:13:19 Farewell to him.

09:13:20 He's had a long career, good career, captain, major.

09:13:26 I'm not good with formal things.

09:13:28 I'm better out on the street.

09:13:29 I don't think I deserve this.

09:13:31 A lot of officers are doing things right at the moment that

09:13:34 will probably go unsung that are doing a lot of selfless,

09:13:38 dangerous things, and thank you.

09:13:44 [ Applause ]

09:13:55 >>CHARLIE MIRANDA: Item number 2.

09:13:56 Mr. Reddick will make the commendation presentation to Dr.

09:14:00 Alma Hires.

09:14:06 >> It's my pleasure to present this commendation to Dr. Alma

09:14:33 Hires with her years of service with the Tampa Code

09:14:35 Enforcement Board as a special magistrate and board member.

09:14:38 Tampa City Council would like to take this opportunity to

09:14:41 applaud and congratulate you for your years of devoted

09:14:44 service to this community, your willingness to go above and




09:14:48 beyond to assist those that are in need.

09:14:52 It's truly -- we are truly proud to have you as a resident

09:14:56 of the City of Tampa.

09:14:58 Tampa City Council extends best wishes to you in your

09:15:01 retirement and all the contributions you will continue to

09:15:03 make to the City of Tampa, and a place to live, work and

09:15:07 play.

09:15:08 Congratulations.

09:15:08 And we present you this commendation on behalf of City

09:15:12 Council, August 2012 by all members of Tampa City Council.

09:15:21 [ Applause ]

09:15:33 >> Thank you, Councilman Reddick.

09:15:37 Thank you very much for that commendation.

09:15:40 It has been my pleasure to have served on the Code

09:15:44 Enforcement Board, and as a special magistrate.

09:15:50 This experience has broadened my awareness of what it takes

09:15:54 to make our neighborhoods both safe and attractive.

09:16:01 I do hope that in some small way I have helped towards that

09:16:06 end.

09:16:08 However, I must say this, that some of our citizens face

09:16:14 real hardships as they seek to make their little corner of

09:16:17 the world a better place to live, and it takes a special

09:16:22 kind of person, of persons to volunteer to serve on these

09:16:27 boards.

09:16:29 Those persons must mix compassion with equal parts of




09:16:37 adherence to the code enforcement law, and not everyone can

09:16:41 do that, but those people that worker is fervently on the

09:16:47 Code Enforcement Board are those kinds of people.

09:16:49 Again, I say thank you, and the privilege is all mine.

09:16:53 [ Applause ]

09:17:01 >>CHARLIE MIRANDA: I appreciate all your years of service

09:17:03 and all the dedicated hardships that you have to face and

09:17:06 the people are trying to do the right thing.

09:17:08 It's an honor to see you here.

09:17:11 Item number 3 will be Mr. Harry Cohen, presentation to Ms.

09:17:25 Gwynne Young.

09:17:28 >> Good morning, council.

09:17:30 Good morning, citizens.

09:17:33 Gwynne, would you like to join me up here?

09:17:37 I think this commendation speaks for itself so I am just

09:17:40 going to read it verbatim.

09:17:43 Tampa City Council commendation presented to GWYNNE Alice

09:17:47 young.

09:17:49 GWYNNE Alice young personifies leadership at its best --

09:17:53 strong, decisive, honorable and courageous.

09:17:56 Her outstanding career in the legal profession includes so

09:18:00 many perks, beginning with her service as Hillsborough

09:18:03 County's first female prosecutor.

09:18:08 Gwynne is currently making her imprint on the legal

09:18:10 profession as the 64th president of the Florida Bar,




09:18:15 leading more than 93,000 lawyers in this state.

09:18:19 She is the fifth woman to lead the Florida Bar and the first

09:18:23 president from Tampa since 1991.

09:18:27 Not one to shy away from speaking her mind, GWYNNE has

09:18:31 already spoken out on the need for justice for all, through

09:18:35 more pro bono legal service from the legal community.

09:18:39 As she says, if we are to keep our democracy then there must

09:18:44 be one commandment, thou shall not ration judgment.

09:18:48 It gives my colleagues and I great pleasure to honor today

09:18:52 with this commendation Gwynne Young, a distinguished

09:18:54 daughter of Tampa, a proud graduate of Duke University and

09:18:59 University of Florida College of Law and a shareholder in

09:19:01 the local Tampa law firm of Carlton Fields, the president of

09:19:04 the Florida Bar, Gwynne Young.

09:19:08 [ Applause ]

09:19:09 >> I thank you very much Councilman Cohen, and thank you

09:19:22 very much to the panel.

09:19:23 I really appreciate this.

09:19:24 I think when you get a recognition from your hometown that's

09:19:31 particularly meaningful.

09:19:35 I shouldn't say "Harry," but I know him well enough to say

09:19:39 that.

09:19:40 Councilman Cohen, it means a lot because he is a lawyer, and

09:19:43 he is right in the middle of things that are going on in our

09:19:48 justice system because he works, as you know, in the clerk's




09:19:51 office, helping our clerk of the court.

09:19:53 One of the biggest crises we have in our judicial system is

09:19:58 funding for the judiciary, including the clerks of the

09:20:02 court.

09:20:03 There's a lot of issues related to our third branch of

09:20:07 government, and if anyone, I think, needs to recognize the

09:20:11 importance of the fact that our Constitution and our

09:20:13 democracy depends on our having separate -- three separate

09:20:17 co-equal branches of government, it's the government agency

09:20:20 such as this one.

09:20:21 And I know Councilman Cohen, so I appreciate that.

09:20:25 I also appreciate the recognition of the need to have

09:20:28 adequate legal services to the poor.

09:20:31 We have a great issue now because funding for legal services

09:20:36 is at an all-time low.

09:20:38 The interest on trust accounts program has dropped.

09:20:42 The revenue of the Florida Bar foundation, 88%.

09:20:47 And so our local agency which gets grants from that, Bay

09:20:51 Area Legal Services is suffering.

09:20:53 In addition, funding for indigent criminal defense is

09:20:56 suffering. So this is a major issue.

09:20:58 And thank you in commending me for recognizing this and for

09:21:01 giving publicity to these important legal issues.

09:21:09 Having the podium, I will say one more thing.

09:21:11 I have my little button on that says the vote is in your




09:21:17 court.

09:21:17 One of the critical things is a merit retention education

09:21:20 program.

09:21:21 We have three Supreme Court justices and 15 appellate judges

09:21:25 up for merit retention in November.

09:21:28 We did some studies and recognize that 90% of the people we

09:21:32 polled didn't know that we had judicial merit retention and

09:21:38 the bar realized it needs to educate on this topic and to

09:21:42 have people understand why the voters approved a system of

09:21:46 having judges appointed from judicial nominating commissions

09:21:49 and then up for merit retention.

09:21:52 And so I hope that people who hear this will go forward and

09:21:56 educate themselves on that as well.

09:21:58 Again, thank you very, very much.

09:22:01 I truly appreciate this.

09:22:02 I'm greatly honored.

09:22:04 And I thank you Councilman Cohen for initiating this on my

09:22:08 behalf.

09:22:09 It's very, very meaningful.

09:22:13 [ Applause ]

09:22:21 >>CHARLIE MIRANDA: Councilman Cohen now will make a

09:22:23 presentation on item number 4 to the president of the Straz

09:22:27 center Judy Lisi.

09:22:31 I'm also going to read this commendation verbatim because I

09:22:34 think it says everything we need to about this extraordinary




09:22:37 leader in our community.

09:22:38 Judy Lisi, if you would join me up here.

09:22:43 Prior to starting, I just should say, by the way, it was

09:22:47 just recently announced that the book of Mormon is going to

09:22:50 headline the Straz center's to 13-14 season.

09:22:54 And as someone who has actually seen the show twice, I can

09:22:58 tell you that it speaks to the strength of Tampa as a

09:23:02 Broadway venue that is coming here for the entire two weeks,

09:23:05 to the Straz center, and it's a real premium and if you want

09:23:10 to get them you should come and see the ticket holder to the

09:23:13 Broadway series which is one of the great events that takes

09:23:16 place at the Straz center he have year.

09:23:18 But turning to its director and president for a moment,

09:23:24 Tampa City Council presents this commendation to Judy Lisi,

09:23:28 who was the right person at the right time to make our

09:23:30 Performing Arts Center soar.

09:23:33 20 years ago, she became president and CEO of the Tampa Bay

09:23:36 Performing Arts Center, now the David A. Straz Center for

09:23:40 the Performing Arts.

09:23:42 Under her innovative and insightful leadership the Straz

09:23:46 center has been transformed into a state of the art

09:23:49 performing arts complex with five separate venues, rehearsal

09:23:53 studios, Patel conservatory, opera Tampa, and home to the

09:23:58 Florida orchestra.

09:23:59 It is the fifth largest Performing Arts Center in the United




09:24:02 States, and the largest Performing Arts Center south of the

09:24:05 Kennedy center.

09:24:06 Under her leadership, the center has grown from a $7 million

09:24:10 to a $45 million operation annually hosting more than 800

09:24:15 events with an attendance in excess of 700,000 people.

09:24:20 A true Renaissance woman, Judith Lisi is an artist,

09:24:24 producer, educator and performer, and this year she was the

09:24:28 recipient of the lifetime achievement award from the

09:24:31 prestigious Broadway league.

09:24:34 Tampa City Council is proud to bestow still another honor,

09:24:38 this commendation, on behalf of the citizens of the City of

09:24:41 Tampa.

09:24:42 [ Applause ]

09:24:49 >> Judy Lisi: Thank you so much, Councilman Cohen, Harry.

09:24:54 Harry also serves on our board, as does Councilman Miranda.

09:24:58 I am just so honored to receive it.

09:25:00 I can't believe it's been 20 years that I have been in

09:25:02 Tampa.

09:25:04 Tampa has become our home now because we immediately fell in

09:25:09 love with the community.

09:25:10 And that's why my husband and I were prepared to commit our

09:25:15 lives here to the development of the Performing Arts Center,

09:25:19 and I think you have to commit that kind of thing to be able

09:25:22 to build a great community, and that's really what we have.

09:25:25 We have an amazing community.




09:25:27 I can tell you the artists who come to Tampa, our audiences

09:25:31 are the warmest in the country, and I think it's indicative

09:25:35 about Tampa's spirit.

09:25:36 We are celebrating our 25th anniversary this year as

09:25:39 well, and we have so much to be grateful for at the Straz

09:25:43 center.

09:25:44 We are so thrilled that the Straz center -- I get the awards

09:25:52 but I have a tremendously hard working staff, a wonderful

09:25:55 board, 800 volunteers who help us with everything that we

09:25:58 need, and I always want to make it clear that everything we

09:26:01 do there, we always think of accessibility for to all of our

09:26:05 citizens, because we know it's important that we serve the

09:26:08 entire community.

09:26:11 The conservatory has many scholarships.

09:26:14 We have tickets that are available through agencies.

09:26:16 And our commitment is to make sure we reflect the community,

09:26:21 and the best of the arts here.

09:26:23 Arts are the window to the world.

09:26:25 Many of our citizens travel to places to see great work,

09:26:27 great art, be inspired by great things that they see.

09:26:31 But now we have a place where they can view the world

09:26:33 through the arts here at the Performing Arts Center, and

09:26:36 that their children and themselves can have high quality

09:26:39 performance training if they are gifted and talented.

09:26:43 So I am just thrilled to receive this.




09:26:45 I want to thank you again, Councilman Cohen.

09:26:48 I want to thank the council and the wonderful City of Tampa,

09:26:53 and if we believe in Tampa, there's no stopping what we can

09:26:58 do here in this wonderful community.

09:26:59 Thank you.

09:27:01 [ Applause ]

09:27:12 >>CHARLIE MIRANDA: We go now to item number 6.

09:27:17 That's commendation of the Tampa Cuban sandwich awards.

09:27:22 Yolie Capin is doing that.

09:27:58 >>YVONNE CAPIN: Thank you.

09:27:58 It's my pleasure to present these commendations.

09:28:03 As everyone well knows, back in April, this body passed a

09:28:08 resolution declaring Tampa's historic Cuban sandwich as its

09:28:14 signature sandwich, a sandwich that we have been consuming

09:28:17 in this city for over 100 years.

09:28:19 Along with that, unbeknown to us, was a husband and wife

09:28:24 team of Jolie Gonzalez and Victor Padilla putting on a Cuban

09:28:32 sandwich festival, which was hugely successful in May.

09:28:37 And with that, they had a contest from different restaurants

09:28:43 on traditional category which would be the historic Cuban

09:28:47 sandwich recipe and nontraditional category, and the winners

09:28:52 are here today.

09:28:53 And I want to present them.

09:28:55 I think there's three or four of the restaurants here.

09:28:58 If you are here, would you come up, please?




09:29:04 I am going to read one and then pass these out.

09:29:16 I am going to tell you who the winners are.

09:29:19 In the traditional category the first place was Michelle's

09:29:23 "on the go" which is part of our park here.

09:29:29 Second place is stone soup company.

09:29:31 Third place in the traditional category was Masaryktown.

09:29:44 First place was -- second place was Ronnie Pastrami.

09:29:48 And third place was Cuban guys restaurant in Hialeah Broward

09:29:55 County.

09:29:56 They came from all over to participate in this contest.

09:29:59 I am going to read this.

09:30:01 And then I will pass these out along with signed by all the

09:30:06 City Council members, a resolution for that you can put in

09:30:10 the window, put it on your menu, whatever you wish to do.

09:30:16 Tampa City Council salutes all the winners in the city's

09:30:19 first Cuban festival recognizing the very best producers of

09:30:23 the historic Cuban sandwich and the Tampa original -- a

09:30:27 Tampa original for over a century.

09:30:29 In recognizing the nontraditional category, City Council

09:30:32 recognizes grotto for its first place entry.

09:30:36 The contestants who participated are hereby commended by the

09:30:40 City Council, encourages more restaurants to join in

09:30:44 saluting historic Cuban sandwich named to commemorate its

09:30:50 originators.

09:30:51 The Cuban workers and the cigar factories of Tampa.




09:30:54 >>HARRY COHEN: May I say that Councilman Suarez and I were

09:31:11 both on the panel?

09:31:15 And I wanted to nominate Mr. Reddick to be on it with us

09:31:18 next year, Councilman Miranda.

09:31:24 >>YVONNE CAPIN: I want you to know next year all of you have

09:31:26 been nominated.

09:31:28 Next year will be hugely successful and I know Councilman

09:31:32 Miranda and -- Cohen and Suarez tasted, what was it, 27

09:31:37 entries along with Chief Castor, Mayor Bobhorn -- Buckhorn.

09:31:47 [ Laughter ]

09:31:48 >> You are going to pay for that one.

09:31:49 >> I picked it up that from him yesterday.

09:31:52 >> That's not as presidential as the presidential nominee,

09:31:58 the vice-president.

09:31:59 But you will make the blooper's list.

09:32:02 >> Thank you.

09:32:03 And here is your commendation.

09:32:18 "on the go" unbelievable.

09:32:25 Thank you.

09:32:25 And here is your commendation.

09:32:27 Thank you.

09:32:27 >> Thank you.

09:32:47 Here is your commendation and your resolution.

09:32:50 Thank you.

09:32:51 Why don't we do a group photo?




09:33:00 Here is your commendation and resolution, and signed by the

09:33:10 City Council members.

09:33:23 And thank you for participating.

09:33:24 >> I want to very quickly bring this up.

09:33:37 Saturday, there is a Cuban sandwich show.

09:33:40 This is another part that has nothing to do with Tampa City

09:33:43 Council but has been going on for 22 years in this city, a

09:33:45 month-long event of arts, music, film, and it started August

09:33:52 1st and will run through August 31st.

09:33:55 And this Saturday, there is the taste of the Cuban sandwich.

09:33:59 And some of these are participating.

09:34:01 And they will be producing, including the Columbia

09:34:05 restaurant will be there, producing the world's largest

09:34:07 Cuban sandwich at 36 feet.

09:34:10 And La Segunda Central has agreed to bake that bread.

09:34:22 And it is Saturday the 18th from 11 to 4 p.m. at

09:34:24 Hillsborough community college.

09:34:28 And I want to say hello, a shout out to Victor Padilla and

09:34:35 Michelle -- I mean, JoLee Gonzalez who put together the

09:34:42 festival and did an outstanding job, and there were over

09:34:45 5,000 people that attended.

09:34:46 Thank you.

09:34:47 And congratulations.

09:34:47 >>FRANK REDDICK: Don't forget to bring the sandwich when

09:34:58 you come back.




09:35:01 >> Oh, those sandwiches were so good.

09:35:17 [ Laughter ]

09:35:18 >>CHARLIE MIRANDA: I need a motion from council for approval

09:35:41 of the agenda and addendum.

09:35:46 Motion by Mr. Suarez.

09:35:49 Seconded by Ms. Mulhern.

09:35:51 All in favor indicate by saying aye.

09:35:53 Opposed nay.

09:35:54 The ayes have it unanimously.

09:35:56 Before I continue with the public comments, I want to go to

09:35:58 51.

09:36:00 It's a staff report.

09:36:02 It does not take a vote by council.

09:36:07 He has an appointment that I want him to keep and I am going

09:36:11 to take it out of order so we can do number 51 and then go

09:36:14 into public comments.

09:36:15 Mr. Snelling.

09:36:17 >>THOM SNELLING: Planning and development department.

09:36:19 I want to thank the chair and City Council for allowing us

09:36:22 to jump in here real quick.

09:36:25 I have a coast community recommendations for fiscal year

09:36:29 2012 and '13 to give to council.

09:36:58 I did e-mail a copy of this document to you, the same

09:37:02 document you had two weeks ago, week and a half ago.

09:37:05 This is a report that we put together he have year with the




09:37:08 citizens advisory committee.

09:37:09 When they look, they collect from the neighborhood

09:37:11 associations and the neighborhood block groups, their

09:37:15 recommendations on what's out in the community, what kinds

09:37:17 of needs they have and how they would like to see some of

09:37:20 their public infrastructure dollars spent.

09:37:22 This document went to the city department the first week in

09:37:27 June so they have it.

09:37:29 And what ends up happening is they look at it.

09:37:33 In the budget, they have allocated certain amount of moneys,

09:37:37 a variety of improvements.

09:37:38 None of those improvements are specifically identified.

09:37:40 That process takes place later but the city departments have

09:37:43 those.

09:37:45 Generally, we met with this group over the course of the

09:37:48 year, and this year, it got a little -- was a little

09:37:52 different in that there were a number of circumstances that

09:37:55 took place.

09:37:56 Some of the help, some of the members on the board, and some

09:37:59 of the loss of staff.

09:38:00 So that's why we are getting to you a little bit late.

09:38:03 What we are going to do with this document as we go forward

09:38:06 is to go ahead and take all of these various

09:38:09 recommendations, put them on a matrix and start to track

09:38:11 them closer so we have a very good record going forward on




09:38:14 what kinds of projects are being taken care of, what can

09:38:18 come off the list, how the input from this group translates

09:38:22 into action.

09:38:23 So that's the ultimate way we are going forward.

09:38:31 One of the things I learned since working on this is there

09:38:34 is some confusion as to what is an eligible activity for

09:38:38 community block grant and what is not, and we are going to

09:38:41 educate that a little bit better with the members of this

09:38:45 group so they can communicate that back to their various

09:38:47 neighborhoods.

09:38:49 I have Mr. Frank Roder here today, the chair of that

09:38:52 committee.

09:38:53 He will typically say a few words for you.

09:38:55 And then if you have questions I can certainly answer them

09:38:58 for you.

09:38:59 Frank?

09:39:00 >> Frank Roder, 908 east Louisiana Avenue in Tampa.

09:39:06 I'm pleased to say that the citizens advisory committee kind

09:39:08 of changed its focus this year.

09:39:10 If you look at the document, notice that on the second page

09:39:16 it's broken down by categories.

09:39:17 Previously we would submit the recommendations by

09:39:20 neighborhood.

09:39:21 And one of the concerns of the citizens advisory committee

09:39:24 is some neighborhoods felt they were not looked at equally




09:39:26 as other neighborhoods.

09:39:27 So we decided to break it down into categories, and you will

09:39:30 notice we have it by sidewalks, tree trimming, light, parks

09:39:34 and recreation, traffic calming, code enforcement, and

09:39:41 stormwater.

09:39:42 Basically we broke it down that way so that everybody would

09:39:44 have an equal footing.

09:39:48 What we have today is the recommendations from throughout

09:39:51 the city in different areas.

09:39:52 We would like you to look through it.

09:39:54 Also, look at the responses we got from city staff.

09:39:56 This year, the responses seem to be a lot more appropriate,

09:39:59 a lot more neighborhood friendly, a lot more willing to work

09:40:02 with us.

09:40:05 We know we won't get everything we asked for with budget

09:40:10 constraints, but we feel this document is definitely an

09:40:13 improvement over past years and hope council will look at it

09:40:15 and respond to the favorably and look at the responses we

09:40:18 got.

09:40:19 It's a step in the right direction.

09:40:20 Did we get everything we wanted?

09:40:22 No.

09:40:22 But at least we are moving in that direction. At this time

09:40:24 if there is anybody who would like to speak from the CDBG

09:40:29 council, anybody in the audience?




09:40:31 I don't see anybody.

09:40:34 >>CHARLIE MIRANDA: Thank you.

09:40:34 You make my job easier.

09:40:37 Any questions by council members?

09:40:39 I know we just received this.

09:40:42 It's not up for a vote today.

09:40:43 It just for discussion.

09:40:44 Mr. Reddick?

09:40:46 >>FRANK REDDICK: Thank you.

09:40:50 I had a chance to review this, the e-mail that you sent out.

09:40:54 I notice a lot of neighborhoods are -- neighborhoods are

09:40:57 requesting sidewalks, and seems like the majority of them

09:41:01 had a request for sidewalks.

09:41:04 What are your plans?

09:41:05 Are you planning on asking administration and maybe the next

09:41:12 budget to -- or even this budget to put additional funding

09:41:19 for sidewalks?

09:41:21 >> In the budget, they have identified a dollar amount, I'm

09:41:24 not exactly sure what that dollar amount is, for sidewalk

09:41:27 improvements throughout the city.

09:41:28 And what Jan Washington responded, she's identified actually

09:41:33 in this document which sidewalks are recommended for funding

09:41:37 in '13, which are recommended in '14, and some of the

09:41:41 sidewalks where they are problematic where there's a lack of

09:41:45 right-of-way or no right-of-way for a sidewalk.




09:41:48 The document does a fairly good job of identifying which

09:41:52 sidewalks and which requests will be funded in a particular

09:41:54 year, and that kind of goes back to what I was saying, what

09:41:58 we are going to do is take all of these recommendations, put

09:42:00 them onto a matrix, these 60-plus recommendations, have them

09:42:04 on a matrix and identify which fiscal year some type of

09:42:08 commitment was made in order to help have that go forward.

09:42:11 So that's one of the future endeavors we are going to work

09:42:14 on with the committee.

09:42:17 >>CHARLIE MIRANDA: Any other questions, Mr. Suarez?

09:42:21 >>MIKE SUAREZ: One of my issues has been about light.

09:42:24 I know that a comprehensive light program has been presented

09:42:28 to the mayor.

09:42:28 I know that some of the dollars are going to come out of

09:42:30 here.

09:42:33 How long will it take to get the study done in terms of

09:42:36 figuring out where we are going to need light, because

09:42:40 obviously these dovetail together in terms of getting the

09:42:43 study done and figuring out what other areas need lighting,

09:42:46 and this comes from the ground up as opposed to a more

09:42:50 comprehensive study.

09:42:52 What have the discussions been about that?

09:42:55 >> In terms of the actual light study, I don't have a

09:42:57 timetable on that but I think it would be appropriate once

09:42:59 you have that study done, and this is where they need to be




09:43:05 and what kind of time line is associated with.

09:43:07 That it does dovetail, because this identifies the

09:43:11 neighborhoods out there saying that I need a light on the

09:43:13 corner of first and Main or the trees need to be trimmed so

09:43:19 the light actually gets to the ground.

09:43:20 I think this document will dovetail very nicely into that

09:43:23 study in terms of additional piece of information.

09:43:26 So hopefully that's how it will work together.

09:43:30 But I do not have a time frame.

09:43:32 >>MIKE SUAREZ: The reason I say it is hopefully more

09:43:35 proactive and hopefully alleviate the issues that happened

09:43:39 at 43rd street and Hillsborough Avenue, which although

09:43:42 we have a sidewalk there, I'm not sure the lighting is still

09:43:44 adequate.

09:43:45 In my mind -- and I will contend on this from now until the

09:43:49 end of time -- that lighting is a much more important factor

09:43:53 than sidewalks when it comes to those types of accidents.

09:43:57 Sidewalks are great and we love them and want to keep

09:43:59 pressure on the administration to make sure we have the kind

09:44:01 of neighborhoods necessary that we have these sidewalks out

09:44:05 there.

09:44:06 But lighting is so much more important because without

09:44:08 lighting you are not going to have the kind of safety that

09:44:10 we need out in every neighborhood.

09:44:13 And you can see it from some of the responses that we had on




09:44:18 lighting in different neighborhoods, that people are

09:44:22 extremely afraid there's going to be more crime when there's

09:44:26 less light and that is a proven fact and something we want

09:44:29 to make sure we help out so that Tampa PD is going to have

09:44:33 the kind of safer neighborhoods that we can find

09:44:36 perpetrators, and also make sure that they don't have crime

09:44:39 and be more presentive instead of more reactive.

09:44:43 >> I will make sure that this document does dovetail as best

09:44:47 as it can be.

09:44:47 >>LISA MONTELIONE: Thank you, Mr. Chair.

09:44:53 I am very appreciative to Mr. Snelling.

09:44:55 We met and discussed this report.

09:45:00 And I like the direction that your department has taken on

09:45:06 how these requests are going to be distributed city-wide, to

09:45:11 city departments.

09:45:13 That's something, I think, new and different that these

09:45:17 recommendations may not just be funded by CDBG funds, and

09:45:23 you might want to elaborate on that some.

09:45:26 But our CDBG dollars have been decreased considerably.

09:45:33 But can you give us an idea of how much funding is going to

09:45:38 go towards the community's request?

09:45:44 >> The exact dollar figure I don't know.

09:45:46 I don't have that.

09:45:48 >> Ballpark, percentage?

09:45:51 >>THOM SNELLING: A quarter of a million dollars?




09:45:52 300,000?

09:45:54 That's been traditional in the past.

09:45:56 And that's where some of the disconnect comes in.

09:45:58 I'm glad you brought that up.

09:46:00 Even though you have a very specific amount of money

09:46:05 available through the CGBD dollars, a lot of the other

09:46:09 requests are being addressed through other funding sources

09:46:12 whether it's general fund or on the kinds of revenue.

09:46:14 So a lot of the requests that are in these documents get

09:46:17 addressed not only through CDBG dollars but through other

09:46:21 funding requests as well.

09:46:22 And I think that's why we are going to be tracking and

09:46:26 putting them on a matrix so you can see how it got funded

09:46:29 and when it got funded, because with the cutback as you say,

09:46:35 with our commitment to various housing programs, various

09:46:38 social service agencies that we use with CDBG job dollars,

09:46:42 the amount of money for public facilities has decreased just

09:46:48 like everything else in that particular funding source.

09:46:52 So it important that we do put this on a matrix and do track

09:46:56 it this way so that you can see that even though it didn't

09:46:58 get a CDBG fund, the city is putting a sidewalk in a certain

09:47:04 place or trimming trees or actually putting in lighting from

09:47:08 other funding sources.

09:47:09 So I think there has been a disconnect.

09:47:11 We haven't done a really good job of showing how that has




09:47:15 happened over the years.

09:47:16 And we are going to fix that.

09:47:18 >>LISA MONTELIONE: Okay.

09:47:20 And when that matrix is established, can we have a copy of

09:47:28 that matrix when it's available?

09:47:30 Because I think it important for, you know, us and our staff

09:47:35 to know, when we get citizens requests and we get messages

09:47:40 from the individuals in the community, we don't have to call

09:47:43 you to find out or call somebody to find out where this is

09:47:47 in the system, we can look at this matrix, and sometimes get

09:47:51 a heads-up on when a particular project is scheduled, or in

09:47:56 the pipeline at all.

09:47:59 >>THOM SNELLING: It's public record, so absolutely.

09:48:01 >>LISA MONTELIONE: Okay.

09:48:04 And the other thing I wanted to highlight as we discussed

09:48:06 is -- and I think you made reference to it -- I think the

09:48:11 number was about 60% of what's in here is actually eligible

09:48:14 for CDBG funds?

09:48:17 And there's about 40% of these requests are going to have to

09:48:20 be funded, if they get done at all, through general fund

09:48:24 revenue or through the different departments and their

09:48:26 budget.

09:48:29 So thank you for presenting this.

09:48:32 Thank you for meeting with me and answering my always

09:48:36 abundant questions.




09:48:37 I would want to encourage the public.

09:48:40 I understand that the participation in the actual meetings

09:48:46 and for this report was somewhat limited, and it always

09:48:52 surprises me because we hear from our constituents very

09:48:56 regularly, and when the opportunity arises that the

09:49:02 administration is asking for input that we don't get the

09:49:05 volume that we prepared for, that we think we are going to

09:49:08 get.

09:49:09 So I really encourage the public to participate in this

09:49:13 process.

09:49:14 Thank you.

09:49:15 >>CHARLIE MIRANDA: Thank you very much.

09:49:15 Any on the council member?

09:49:17 Thank you very much.

09:49:17 >> Chairman, thank you very much.

09:49:21 >>CHARLIE MIRANDA: We go now to public comments.

09:49:25 And I am going to stick to that.

09:49:26 Preference shall be given to speakers wishing to address

09:49:29 items on the agenda first.

09:49:30 Anyone who wants to speak on items on the agenda first.

09:49:35 And when you come up, please state what item, the number

09:49:37 item, so we go to that first.

09:49:39 Anyone in the audience care to speak to any item on the

09:49:42 agenda that is not set for a public hearing?

09:49:44 >> Pete Johnson, 510 Harrison street, on item number 47.




09:49:52 The problems in VM Ybor are in every single neighborhood of

09:50:00 the city.

09:50:01 The policies that the administration uses simply shoots you

09:50:09 in the foot when you try to enforce code violations.

09:50:12 There is a so-called vacancy ordinance that does not allow

09:50:18 violations to be heard simply because the property is

09:50:23 vacated.

09:50:24 There is no ordinance.

09:50:28 This is a policy that needs to be changed, and it needs to

09:50:33 be changed immediately.

09:50:34 There's also a policy of a dwelling.

09:50:39 When you have an illegal structure, whether you bought it

09:50:42 now or you bought it 3030th years ago, and you were told

09:50:46 that it needs to go back to its original condition of a

09:50:51 two-bedroom, two-bath or one-bedroom, one-bath, or whatever,

09:50:57 the use of the word "dwelling" clears the case.

09:51:02 And nothing is done.

09:51:05 If you buy a house that has an apartment, say an in-laws

09:51:10 apartment or something, and you didn't realize that it was a

09:51:13 violation, there are ways around that.

09:51:15 You can put a doorway in the wall between the apartment and

09:51:20 the main house and it clears it.

09:51:25 It's considered an in-law's quarters.

09:51:27 There's even an ordinance that you can apply for, for a

09:51:31 separate living in-law's apartment.




09:51:37 But to allow a structure that has a fixed unit in it and

09:51:41 it's only supposed to have two units in it, to remain

09:51:46 structurally sound as a six-unit complex illegally, is just

09:51:52 shooting ourselves in the foot.

09:51:55 Just removing the sink and the oven is not curing the

09:52:00 problem.

09:52:02 These units are rented out with a hot plate and a microwave.

09:52:09 And that's how I can't get rid of the drugs and prostitution

09:52:13 in many neighborhoods.

09:52:15 So policy has got to change.

09:52:17 (Bell sounds)

09:52:18 Not just through ordinances.

09:52:20 And I'm tired of getting shot in the foot he have single

09:52:22 time I go through code, I go through LDC, and then policy

09:52:27 shoots me in the foot.

09:52:28 And it happens again and again and again on the exact same

09:52:32 addresses.

09:52:34 Besides that, living conditions.

09:52:37 I sent you a package.

09:52:40 Living conditions.

09:52:42 I cannot understand how we as a society can allow people to

09:52:46 live in the rat-infested, fungus, sewage and not close down

09:52:55 these properties.

09:52:56 (Bell sounds)

09:52:58 I'm sorry, we need to come up with an ordinance of




09:53:00 accountability to see that our ordinances are enforced.

09:53:03 Thank you.

09:53:05 >>CHARLIE MIRANDA: Thank you very much.

09:53:06 Next.

09:53:06 Anyone else care to speak on any item on the agenda?

09:53:09 Anyone care to speak on any item that is not on the agenda?

09:53:13 Please come forward.

09:53:14 >> Hi.

09:53:20 My name is Zoey Ellis and I'm a member of Occupy Tampa, but

09:53:25 I don't represent them.

09:53:30 But I came here to speak today about the proposal dealing

09:53:33 with code enforcement, the health department, and I believe

09:53:37 the fire marshal.

09:53:41 Some of you may not be aware of the reasons why we moved to

09:53:45 freedom park.

09:53:46 Originally we were on the sidewalk in front of Curtis Hixon,

09:53:49 and we moved to voice of freedom park, to private property,

09:53:53 because we endured so much police harassment that it was

09:53:57 impossible to conduct meetings there, it was impossible to

09:54:04 hold signs and express our first amendment rights without

09:54:07 people getting attacked or harassed or arrested by the cops.

09:54:12 And due to our arrests, there are several civil lawsuits

09:54:18 going forward on these matters, and it may cost the city

09:54:21 several thousand dollars, if not millions, depending on the

09:54:26 jury and the judge.




09:54:28 So these are very serious issues about how the police are

09:54:32 handling Occupy Tampa, and how the city is dealing with

09:54:37 Occupy Tampa.

09:54:42 I would also like to speak about the petition.

09:54:45 Mike Vinetta -- it says we are selling things out of the

09:54:53 kitchen which is clearly not true.

09:54:55 That was for anyone to take -- people could take the

09:55:01 donation.

09:55:02 And it was really a resource for the community.

09:55:05 But we voluntarily took that down because we realized it

09:55:09 might be a health issue.

09:55:11 And if you go to the catch site today, there are hardly any

09:55:14 tents.

09:55:14 It's like almost completely cleared out, because we want to

09:55:18 be in compliance. We don't want to be in conflict with the

09:55:21 city.

09:55:24 When Mike Vinetta came to freedom park his number concern

09:55:31 was not the tents, not kitchen, the number one concern was

09:55:34 taking down the hands off West Tampa sign, and this has the

09:55:40 phone number of the mayor on it and expressed reasons why

09:55:43 Mike Vinetta wanted the sign taken down because he wants the

09:55:50 demolition of North Boulevard homes, and people calling the

09:55:53 mayor.

09:55:56 Mike Vinetta also owns a piece of property, and we believe

09:56:01 he wants to increase the value of that property and has




09:56:04 expressed interest in trying to shut down Occupy Tampa

09:56:07 because we were trying to stop the demolition of North

09:56:12 Boulevard homes because there are so many people homeless,

09:56:15 because section 8 won't cover certain people.

09:56:21 I guess I will speak when I come again.

09:56:26 >>CHARLIE MIRANDA: Thank you very much.

09:56:26 Next, please.

09:56:27 >> Good morning.

09:56:34 I'm running on two hours of sleep and a lot of caffeine so I

09:56:37 might be a little shaky.

09:56:41 Ladies and gentlemen, speaking on item number 48.

09:56:43 In less than eleven days Tampa will play host to the

09:56:46 Republican National Convention.

09:56:48 >> I need your name

09:56:52 >> Timothy Grantham.

09:56:58 It is unfortunate in recent years, the party I called my own

09:56:59 has given up its once principles of limited government and

09:57:05 taxes and trade for shock.

09:57:14 Fortunately as of all platforms that grow wanting and

09:57:18 degenerate, competition is born, it is feared, it is fought,

09:57:25 and then it prevails.

09:57:28 If Andrew Jackson or Thomas Jefferson were here today they

09:57:31 would most definitely be among the front lines of the occupy

09:57:34 Wall Street movement.

09:57:36 And like our forefathers, I reserve zero tolerance for




09:57:43 politicians that believe that their word is somehow above

09:57:45 the rule of law and the words of their geographical -- our

09:57:55 local heroes that served our city with vigilance and

09:57:58 dedication well before I was born -- not old, age is a

09:58:03 number -- or in an attempt to marginalize the voice of

09:58:06 any -- any peaceful populace movement.

09:58:10 I feel great pity for those who align themselves with Mayor

09:58:15 Buckhorn and Councilman of Tampa district 5 and their

09:58:19 arrogant assault on private property and the first

09:58:22 amendment.

09:58:23 Private property is a time honored staple and philosophy and

09:58:32 we will be hosting one of the largest conservative

09:58:34 conventions possibly of our lifetime.

09:58:38 Thank you very much.

09:58:40 >>CHARLIE MIRANDA: Thank you very much.

09:58:40 Next, please.

09:58:41 >> Alex Suarez. And I am going speak about the petition in

09:58:48 regards to occupy.

09:58:51 I believe Redner's eviction notice is a maneuver to make

09:58:55 sure the camp can be there for RNC.

09:58:58 Nevertheless for the sake of unity and solidarity for the

09:59:00 original occupy, took part in civil disobedience, and I

09:59:08 hereby retract my position and wholeheartedly wish occupy

09:59:11 good luck on being one of the last remaining catches in the

09:59:14 nation.




09:59:14 I hope nonviolent activists can come and learn from our

09:59:19 mistakes.

09:59:20 She's made no attempt to reconcile with me.

09:59:22 Out of my own logic I have come to this conclusion.

09:59:25 In the final analysis, history will be the judge of us all.

09:59:28 Let us be for understanding and love rather than hate and

09:59:31 division.

09:59:31 We must respect each other and right.

09:59:34 Learn from our faults and then progress can come, dignity

09:59:38 restored.

09:59:38 This I learned from my father's experiences and I cannot

09:59:42 forget.

09:59:42 >> Thank you very much.

09:59:44 Next, please.

09:59:45 >> Mr. Chair, Councilman, Gregory Luckett with the poor

09:59:52 people's human rights campaign.

09:59:53 The occupy movement is a powerful movement for the people,

09:59:57 okay.

09:59:58 One of the reasons that it is mostly disliked is due to the

10:00:03 fact that we want to hold the city officials and the

10:00:09 developer accountable for the homeless population that's

10:00:13 growing rapidly, due to the fact of evictions and people

10:00:17 getting kicked out of homes.

10:00:18 We want to get the neighborhood to voice their opinions on

10:00:23 this, and one thing about it is that through history, people




10:00:26 sit down and turn their heads.

10:00:29 You know, Martin Luther King, all the way up to the

10:00:31 Kennedys, wanted people to get out of their homes and speak

10:00:34 against the corruption of the money-makers in this world.

10:00:38 Not lives.

10:00:39 Last night I just got a call like 1:00 in the morning where

10:00:44 a mother with three children is being evicted out of her

10:00:48 home due to they can't afford to pay their rent.

10:00:52 Well, you can build this makeshift downtown for the

10:00:58 Republicans, send $400,000 over there so they can eat good,

10:01:02 but yet in your own city your people is suffering due to the

10:01:05 fact that money is coming in, but yet you want to use it for

10:01:08 something else.

10:01:10 October you pay -- and another thing that I don't see on the

10:01:15 agenda is that the poor people's economic human rights

10:01:18 campaign has leased a piece of property down on Tampa

10:01:22 street, 1312 Tampa street.

10:01:25 We are going to stay there, and we are going to have at

10:01:28 least 4 or 500 people there for our rights to voice the

10:01:32 injustice in the violation of economic rights that is just

10:01:37 on the poor people in this community and around the world.

10:01:41 So I am just asking you, back off, give some people some

10:01:44 help.

10:01:45 What you should be doing, talking to occupy, seeing what can

10:01:48 we do, because they are in the neighborhood talking to the




10:01:50 neighbors that are afraid to come up and stand up here to

10:01:53 you.

10:01:53 We are not.

10:01:55 So talk to them and get something going on.

10:01:57 Me myself, I am getting ready to retire but putting all my

10:02:00 energy in West Tampa and again keep your hands off West

10:02:03 Tampa.

10:02:04 Thank you.

10:02:04 >>CHARLIE MIRANDA: Thank you very much.

10:02:05 Next, please.

10:02:07 Mrs. Montelione?

10:02:09 >>LISA MONTELIONE: For those who are watching, the money

10:02:12 that's being spent for the parties that are being held

10:02:16 downtown is not our money.

10:02:17 It's not the City of Tampa's money.

10:02:19 So the City of Tampa is not spending any money to establish

10:02:23 a bar downtown.

10:02:25 Just for the record.

10:02:27 >>CHARLIE MIRANDA: Continue, please.

10:02:28 Thank you very much.

10:02:28 >> My name is Nathan Pem.

10:02:32 I live in Tampa.

10:02:33 Here to speak on Voice of Freedom Park.

10:02:37 I'm here specifically because I am helping to put together

10:02:39 another large national event that's happening which is




10:02:41 called the food not bombs gathering that starts on Monday

10:02:45 ahead of the RNC.

10:02:47 Unfortunately, the very place we have been planning for the

10:02:51 last eight or so months to hold it is now in imperil, that's

10:02:55 Ybor's freedom park.

10:02:56 I wish I could speak a little better to some of the things

10:02:58 in this but most of them are so vague that I don't really

10:03:03 know what they mean.

10:03:04 Number one, second look at activities, violation of the of

10:03:11 the yellow bus.

10:03:12 I don't know where the bus is now but it hasn't been there

10:03:15 in at least a week.

10:03:16 Number 3, electricity or water.

10:03:18 There's always been electricity or water there.

10:03:20 I don't know, whoever handles that was, I guess, lying.

10:03:26 Residency information.

10:03:27 I don't know what that is or how that affects the state of

10:03:33 the park.

10:03:33 And land use or private property rights, very vague.

10:03:38 I'm not sure how we are supposed to be defending ourselves.

10:03:41 What seems to be between the lines is that place like

10:03:46 Romneyville are threats of power, anyplace that offers free

10:03:50 food, health services, shelter for free without

10:03:55 preconditions, not part of a government agency is a threat

10:03:59 to the entire society that we claim that these things are




10:04:04 necessary, the role of city government is we have to have

10:04:09 things for these things to happen, and Romneyville and voice

10:04:12 of freedom are chipping away at that credibility.

10:04:17 We also have it being a threat to power during the RNC where

10:04:22 we have some of the greatest robber Barrons and war

10:04:28 criminals coming to town and it doesn't look good if the

10:04:31 city doesn't look happy that they are going to be here but

10:04:34 the city isn't all going to be happy.

10:04:36 There are millions of victims nationwide, people that are

10:04:39 primary component of the Republican party and Republican

10:04:43 national convention and they are coming to have their voices

10:04:45 be heard.

10:04:46 I would suggest -- and I think the city might find it

10:04:49 preferable that if they stop the fear mongering, and the

10:04:55 witch hunt to try to find reasons to close voice of freedom

10:04:58 park and Romneyville, it will be a place that all these

10:05:01 protestors can peacefully assemble, where they can find --

10:05:05 that we can look after them, find places that they can get

10:05:08 water and food, and find out the way around the city, learn

10:05:12 all about these events zone orphans so they don't get

10:05:16 arrested for carrying around a Swiss Army knife, and it will

10:05:20 actually make the city a lot safer and make at lot more

10:05:26 available for what the city wants, which is an event where

10:05:28 everyone gets to have their voices heard, everyone gets to

10:05:31 learn and share what they want to, and above all, a bunch of




10:05:35 people don't end up getting arrested, getting hurt, getting

10:05:39 attacked with chemical weapons, that sort of thing.

10:05:42 Thank you.

10:05:43 >>CHARLIE MIRANDA: Thank you very much.

10:05:45 Next, please.

10:05:48 I'm sorry, have you spoken already?

10:05:50 >> Uh-huh.

10:05:51 >> You can only speak once.

10:05:53 >> I can speak once until there's no more time?

10:05:58 >> No.

10:05:59 That's my decision to make, meaning that I am not against

10:06:01 you but the rules are that one round per speaker.

10:06:08 I'm sorry, I apologize to you.

10:06:11 Next, please.

10:06:12 >> My name is Heidi Holquist. I'm a resident of Tampa here

10:06:17 to speak on item 48.

10:06:19 I would like to point out that Mr. Redner has asked us to

10:06:22 vacate the park by September 15th, and I want to not

10:06:27 speak for Occupy Tampa.

10:06:29 The general mood among occupiers that I have spoken to has

10:06:32 been that we are incredibly grateful for the opportunity,

10:06:35 and we are ready to move on.

10:06:38 And we are ready to bring the catch phase of our movement to

10:06:45 a conclusion.

10:06:47 Any of the issues that you have for us, that you will bring




10:06:51 us here, they will no longer exist.

10:06:54 The camp will end. I would just like to thank you for your

10:07:00 time.

10:07:01 >>CHARLIE MIRANDA: Thank you very much.

10:07:01 Next, please.

10:07:02 >> Good morning, Chairman Miranda. Geerald White,

10:07:06 Hillsborough County community activist.

10:07:14 First, I want you to know how excited that I am as a citizen

10:07:14 and a registered Democrat and a voting Democrat here in the

10:07:17 City of Tampa, a resident.

10:07:19 I'm so proud of the preparation and the work that has gone

10:07:23 into for the Republican national convention.

10:07:28 I'm just excited as a citizen.

10:07:31 I wanted to rise this morning to request to my fellow

10:07:33 citizens that everyone be on their best behavior, be a

10:07:40 steward.

10:07:41 We have over 50,000-plus visitors that will be coming to our

10:07:46 community from all over the world.

10:07:48 This is a moment for Tampa to shine.

10:07:52 As an African-American and as a citizen and a native of

10:07:55 Florida, this is our moment to shine.

10:07:57 And so I want all the citizens in Tampa, Hillsborough

10:07:59 County, to be proud of our government and the work that has

10:08:03 gone into preparations for this great historic American

10:08:07 event.




10:08:08 This is our moment.

10:08:09 And I just want to encourage everyone to take advantage of

10:08:12 it, enjoy the festivities.

10:08:15 We rely heavily on the Tampa Police Department and the

10:08:18 Hillsborough County sheriff's office to keep the citizens

10:08:21 and our visitors safe here in our community.

10:08:26 I just pray that everything goes well, and it looks as

10:08:29 though proper preparation for this historic event are all in

10:08:34 place.

10:08:35 And as a citizen I looked at it.

10:08:37 I attended some of the meetings.

10:08:41 Just looking into what is going into the preparations.

10:08:44 Thank you in advance for your work.

10:08:47 Stay focused.

10:08:50 Take care of our visitors.

10:08:51 And the last day of the convention when our visitors are

10:08:55 leaving our community, make sure we are courteous to them

10:09:00 once that final gavel is hit.

10:09:03 They can leave with a good smile, they can leave with us

10:09:07 saying good-bye to them in good spirits, and continue to

10:09:10 have a strong feeling about Tampa and Hillsborough County.

10:09:14 Thank you again, and continue to work and stay focused and

10:09:19 take care of our visitors and take care of the citizens

10:09:21 while the visitors are here in our community.

10:09:23 And I want to say in advance, job well done.




10:09:28 >>CHARLIE MIRANDA: Thank you very much.

10:09:28 We really appreciate it.

10:09:29 Anyone else who has not spoken would care to speak on any

10:09:32 item?

10:09:32 I see no one.

10:09:33 We go to requests for public reconsideration, passed

10:09:39 legislative matters.

10:09:40 Anyone in the audience care to come up for that?

10:09:42 I see no one.

10:09:45 We go to public reports.

10:09:47 Public safety chair, Mr. Frank Reddick.

10:09:50 >>FRANK REDDICK: Move items 6 through 10.

10:09:53 >>CHARLIE MIRANDA: I have a second by Mr. Cohen.

10:09:54 All in favor of that motion please indicate by saying aye.

10:09:57 Opposed nay.

10:09:58 The ayes have it unanimously.

10:09:59 Parks, Recreation, Culture Committee, Ms. Mary Mulhern.

10:10:03 >>MARY MULHERN: I move items 11 through 17.

10:10:06 >>CHARLIE MIRANDA: I have a motion by Ms. Mulhern, second by

10:10:09 Mr. Cohen.

10:10:09 All in favor?

10:10:11 Opposed?

10:10:11 The ayes have it unanimously.

10:10:14 Public Works Committee chair Mr. Mike Suarez.

10:10:17 >>MIKE SUAREZ: I move items 18 through 23.




10:10:21 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez.

10:10:23 I have a second by Mr. Cohen.

10:10:26 All in favor of the motion please indicate by saying aye.

10:10:29 Opposed nay.

10:10:30 The ayes have it unanimously.

10:10:33 Finance Committee chair Mr. Harry Cohen.

10:10:35 >>HARRY COHEN: I move items 24, 25 and 26.

10:10:38 >> Second.

10:10:40 >>CHARLIE MIRANDA: Motion by Mr. Cohen.

10:10:41 I have a second by Ms. Mulhern.

10:10:44 All in favor of the motion please indicate by saying aye.

10:10:46 Opposed nay.

10:10:47 The ayes have it unanimously.

10:10:49 Building and zoning committee, Ms. Lisa Montelione.

10:10:53 >>LISA MONTELIONE: I move items 27 through 31.

10:10:58 >> Second.

10:10:59 >>CHARLIE MIRANDA: I have a second by Mr. Suarez.

10:11:01 And also in the earlier we passed the addendum items 52 and

10:11:09 53.

10:11:09 All in favor of that motion please indicate by saying aye.

10:11:12 Opposed nay.

10:11:13 The ayes have it unanimously.

10:11:15 Transportation committee chair, Yolie Capin.

10:11:21 >>YVONNE CAPIN: Items 32 and 33.

10:11:23 >> Second.




10:11:24 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by Mr.

10:11:26 Suarez.

10:11:27 All in favor of the motion?

10:11:28 Opposed?

10:11:29 The ayes have it unanimously.

10:11:32 We go to continued public hearings for second reading and

10:11:35 proposed ordinances.

10:11:39 Item number 34 is a quasi-judicial proceeding and this will

10:11:43 require those people that are going to speak to be sworn in.

10:11:46 Anyone that's going to speak on item 34 has got to be sworn

10:11:49 in.

10:11:50 Please rise and the clerk will swear you in.

10:11:51 (Oath administered by Clerk)

10:12:09 Item 34 is now open.

10:12:12 Motion.

10:12:14 Second by Mr. Cohen.

10:12:15 All in favor?

10:12:16 34 is now open.

10:12:17 Yes, sir.

10:12:17 >> Land development.

10:12:22 Certified by the zoning administrator.

10:12:23 We are here to answer any questions.

10:12:26 >>CHARLIE MIRANDA: Thank you.

10:12:26 Anyone in the audience care to speak, petitioner or anyone

10:12:30 else?




10:12:30 >> Joe Redner, 3924 West Spruce Street.

10:12:41 Good morning.

10:12:41 >> Office also Joe Redner, 1310 Alicia Avenue.

10:12:46 >> Joe Redner senior: We have thing we would like to hand

10:12:54 out.

10:12:55 >> It's from the blog of League of Cities and it's an

10:13:00 article about how cities have been courting craft breweries.

10:13:07 >> And we bow to the wisdom of City Council.

10:13:10 We have made our case already.

10:13:13 >>CHARLIE MIRANDA: Any further comments?

10:13:14 Need a motion to close.

10:13:18 Motion by Mrs. Montelione.

10:13:19 Second by Mr. Cohen.

10:13:22 >>MARTIN SHELBY: I'm sorry, I just ask if you ask if

10:13:25 there's anybody in the public.

10:13:28 >>CHARLIE MIRANDA: I asked the public.

10:13:30 I believe I did.

10:13:30 But I'll do it again.

10:13:32 Anyone in the public care to speak on this matter?

10:13:34 >>MARTIN SHELBY: Thank you.

10:13:37 >>CHARLIE MIRANDA: I need a motion to reopen the hearing.

10:13:39 >> So moved.

10:13:40 >> Second.

10:13:42 >>CHARLIE MIRANDA: Second by Mrs. Montelione.

10:13:44 Motion by Ms. Capin.




10:13:46 The ayes have it.

10:13:47 Anyone else in the public need to speak on this matter?

10:13:50 Motion to close by.

10:13:55 The hearing is now closed.

10:13:57 Okay.

10:14:00 This is second reading.

10:14:02 Roll call vote.

10:14:04 I need a motion for someone to read the ordinance.

10:14:07 >>LISA MONTELIONE: I need an ordinance being presented for

10:14:12 second reading and adoption, an ordinance repealing

10:14:14 ordinance number 2010-195 approving special use permit S-2

10:14:19 for alcoholic beverage sales small venue, consumption on

10:14:22 premises in package of sales off premises and making lawful

10:14:26 the sale of beer and wine at or from that certain lot, plot

10:14:29 or tract of land located at 3924 West Spruce Street, Tampa,

10:14:33 Florida and more particularly described in section 3, that

10:14:36 all ordinances or parts of ordinances in conflict are

10:14:39 repealed, providing an effective date.

10:14:40 >> Second.

10:14:42 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:14:44 second by Ms. Capin.

10:14:46 Roll call vote.

10:14:47 Further discussion by council members?

10:14:48 Roll call.

10:14:49 Vote and record.




10:14:52 Oh, excuse me, I voted the wrong way.

10:14:58 Vote again.

10:14:59 Roll call vote.

10:15:05 Vote and record.

10:15:15 >>THE CLERK: Motion carried with Miranda and Reddick voting

10:15:18 no.

10:15:19 >>CHARLIE MIRANDA: Thank you all for attending.

10:15:20 Item number -- oh need to open 35 through --

10:15:26 >>HARRY COHEN: Move to open 35.

10:15:29 >>CHARLIE MIRANDA: These are quasi judicial.

10:15:32 That means you have to be sworn in.

10:15:33 Seconded by Ms. Montelione.

10:15:40 Anyone to speak on 35 through 38 please stand and be sworn

10:15:43 in.

10:15:44 (Oath administered by Clerk)

10:15:49 >>GLORIA MOREDA: Land development.

10:15:52 Site plans for 35 through 38 have been certified.

10:15:56 I am available for questions.

10:15:58 >>CHARLIE MIRANDA: Thank you very much.

10:15:58 Anyone here on 35?

10:16:02 >> Inglehart and hammer, if you have any further

10:16:21 discussions.

10:16:22 >> Anyone care to speak on item number 35?

10:16:25 35?

10:16:27 Motion to close by Mr. Second.




10:16:30 Close.

10:16:30 Second by Mr. Cohen.

10:16:31 All in favor?

10:16:31 The ayes have it unanimously.

10:16:33 Mr. Cohen, would you kindly take number 35?

10:16:36 >>HARRY COHEN: I move an ordinance being presented for

10:16:40 second reading and adoption, an ordinance rezoning property

10:16:43 in the general vicinity of 1217 west Linebaugh Avenue in the

10:16:47 city of Tampa, Florida and more particularly described in

10:16:50 section 1 from zoning district classification RO-1

10:16:55 residential office to PD, planned development, office,

10:16:58 business/professional and medical and all RO-1 uses,

10:17:02 providing an effective date.

10:17:03 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen.

10:17:05 I have a second by Mr. Suarez.

10:17:06 Roll call vote.

10:17:08 Vote and record.

10:17:08 >>THE CLERK: Motion carried with Capin and Reddick being

10:17:27 absent at vote.

10:17:31 >>CHARLIE MIRANDA: Item number 36.

10:17:33 Three six.

10:17:34 These are second readings.

10:17:35 Is someone here from item 36?

10:17:38 Please come forward.

10:17:39 >> Good afternoon.




10:17:45 Here if you have any questions.

10:17:46 >> Anyone in the audience care to speak on item number 36?

10:17:50 I see no one.

10:17:50 >> Move to close.

10:17:52 >> Motion to close by Mr. Cohen.

10:17:53 Second by Mr. Suarez.

10:17:55 All in favor of the motion?

10:17:56 Opposed nay?

10:17:57 The ayes have it unanimously.

10:17:59 Ms. Mulhern, would you kindly take number 36, please?

10:18:02 >>MARY MULHERN: I move an ordinance being presented for

10:18:04 second reading and adoption, an ordinance rezoning property

10:18:07 in the general vicinity of 501 east Martin Luther King Jr.

10:18:12 Boulevard, 3911 and 3913 north Central Avenue in the city of

10:18:16 Tampa, Florida and more particularly described in section 1

10:18:19 from zoning district classifications CG commercial general

10:18:23 and CN commercial neighborhood to PD planned development,

10:18:27 restaurant, with drive-in window and community center,

10:18:30 recreation facility, private, providing an effective date.

10:18:32 >> Second.

10:18:34 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern.

10:18:35 I have a second by Mr. Suarez.

10:18:37 Roll call vote.

10:18:39 Vote and record.

10:18:39 >>THE CLERK: Motion carried with Reddick being absent at




10:18:46 vote.

10:18:46 >> We go to item number 37.

10:18:52 Is someone here for item number 37?

10:18:54 These are second readings.

10:18:55 >> Scott Doster here on behalf of the applicant.

10:19:01 Happy to answer any questions you may have.

10:19:03 >> Anyone in the audience care to speak on this item, item

10:19:05 number 37?

10:19:07 Three seven?

10:19:09 I see no one.

10:19:11 I have a motion to close by Mr. Suarez, second by Mrs.

10:19:14 Mulhern.

10:19:14 All in favor of the motion?

10:19:16 Opposed?

10:19:17 The ayes have it unanimously.

10:19:22 37?

10:19:22 >> An ordinance rezoning property in the general vicinity of

10:19:29 1505 South Howard Avenue in the city of Tampa, Florida and

10:19:32 more particularly described in section 1 from zoning

10:19:35 district classifications RM-24, residential multifamily, to

10:19:39 PD, planned development, office, business, professional and

10:19:43 residential, providing an effective date.

10:19:44 >> Second.

10:19:45 >> I have a motion by --

10:19:48 >> And motion to adopt.




10:19:51 I'm sorry.

10:19:51 I second reading, motion to adopt.

10:19:54 And I did not add that.

10:19:56 >>CHARLIE MIRANDA: Thank you very much.

10:19:56 I have a motion by Mrs. Capin for adoption of number 37.

10:20:00 Second by Mr. Suarez.

10:20:01 This is a roll call vote.

10:20:02 Vote and record.

10:20:12 >>THE CLERK: Motion carried with Reddick being absent at

10:20:15 vote.

10:20:17 >>CHARLIE MIRANDA: We go to number 38, second reading.

10:20:21 Anyone here on 38?

10:20:22 >> David Smith on behalf of the applicant here to answer any

10:20:27 questions anyone may have.

10:20:29 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:20:32 number 38?

10:20:33 Three eight?

10:20:34 >> Motion to close.

10:20:35 >>CHARLIE MIRANDA: Motion to close by Mr. Cohen.

10:20:37 I didn't see anyone.

10:20:40 Seconded by Mrs. Montelione.

10:20:41 All in favor of the motion?

10:20:43 Opposed?

10:20:44 The ayes have it unanimously.

10:20:47 Mr. Suarez?




10:20:49 >>MIKE SUAREZ: I move an ordinance for second reading and

10:20:52 adoption, an ordinance rezoning property in the general

10:20:54 vicinity of 4501 and 4505 north Rome Avenue in the city of

10:20:59 Tampa, Florida and more particularly described in section 1

10:21:02 from zoning district classification RM 35 residential

10:21:05 multifamily to PD planned development, residential,

10:21:08 multifamily, providing an effective date.

10:21:09 >> I have a motion by Mr. Suarez.

10:21:12 I have a second by Ms. Capin.

10:21:15 Roll call vote.

10:21:16 Vote and record.

10:21:16 >>THE CLERK: Motion carried with Reddick being absent at

10:21:31 vote.

10:21:35 >>CHARLIE MIRANDA: We go now to public hearings, items

10:21:39 nonjudicial, items 39 through 43.

10:21:44 Knead need to open those.

10:21:47 I have a motion to by Mr. Suarez, seconded by Mr. Cohen.

10:21:51 All in favor of the motion?

10:21:53 Opposed?

10:21:53 The ayes have it unanimously.

10:21:55 Item number 39 is open A.resolution.

10:22:02 >> Jan McLean, office of city attorney, here for item number

10:22:07 39 which is approval of stormwater roll for assessment and

10:22:11 there's been no change in what we have done in the previous

10:22:14 years.




10:22:14 There's no increase in the proposed assessment.

10:22:17 We have received no objections to date.

10:22:20 >>CHARLIE MIRANDA: Thank you very much.

10:22:20 >> And I want to remind you the vote needs to be taken

10:22:25 during the public --

10:22:26 >>CHARLIE MIRANDA: Before we close, yes.

10:22:28 Thank you very much.

10:22:28 Anyone in the audience care to speak on item number 39?

10:22:32 >> Ed Tillou, 8100 -- Sulphur Springs.

10:22:47 I come to you on stormwater.

10:22:48 This is what I actually worked with Maryland Department of

10:22:52 Health, a big part of my work there, and this is the first

10:22:56 impact point of climatic change.

10:23:03 Was at citrus park mall.

10:23:05 Within about three or four minutes the water was two or

10:23:08 three inches deep in the parking lots there.

10:23:10 Now, I'm not sure about 25 years ago, but there always was

10:23:16 torrential rain.

10:23:17 But nothing like this.

10:23:19 This is monsoon.

10:23:20 But people sit in their cars, drive in their cars and sit in

10:23:26 their homes and their offices.

10:23:28 They don't see it.

10:23:29 You have got to be out in the community to see this.

10:23:34 William Donald Schaefer would have seen in the Baltimore.




10:23:38 What goes with this, what I bring from my work to a large

10:23:43 extent is that a lot of times the pipes were big enough, the

10:23:46 pipes were tremendously overdesigned and were big enough but

10:23:50 it's the drop inlets that get the water to the pipes was

10:23:53 often too small.

10:23:54 And the analogous situation that I hear often is that you

10:23:59 have recharge basins, for instance, we'll say Nebraska and

10:24:03 Linebaugh.

10:24:04 And he have time it rains heavy, that's closed down because

10:24:07 fundamentally it's clogged up and has a layer of algae no

10:24:11 doubt on the surface, it wouldn't pass a perk test, but the

10:24:15 pipes are probably big enough.

10:24:17 It's just that too much water gets to them because it isn't

10:24:21 soaking in.

10:24:23 So there's got to be not just passage of this but you have

10:24:31 to start scrutinizing the stormwater and how the stormwater

10:24:34 is handled, and a big part of that of course is the

10:24:36 fertilizer ban.

10:24:37 I think it's very important that the fertilizer ban has

10:24:42 exclusion for soil adhesive fertilizer.

10:24:45 That's very important, because you have this dead zone out

10:24:48 in the Gulf.

10:24:50 It probably kills a lot more fish and things like that than

10:24:54 BP ever did.

10:24:55 And the thing is the commercial fishing industry is impacted




10:24:58 by that.

10:24:59 I don't know if any of you eat much fish.

10:25:01 But even the canned fish is starting to go through the roof.

10:25:06 Because a lot of it is coming from Canada now.

10:25:09 There was a big trade-off of American fishermen for

10:25:12 Canadian.

10:25:13 But the thing is, probably fish will be the first impact

10:25:17 point of this climatic change that's going to impact on

10:25:21 agriculture and such.

10:25:22 So the thing is that I guess I would say that the fertilizer

10:25:29 ban is a very important part of this.

10:25:33 >>CHARLIE MIRANDA: Thank you very much.

10:25:33 I need to move the resolution.

10:25:36 Anyone else in the audience?

10:25:40 That's the least amount I ever heard about passing a fee.

10:25:43 >> I'll move 39.

10:25:45 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr.

10:25:47 Cohen.

10:25:48 All in favor of the resolution?

10:25:49 Opposed?

10:25:50 The ayes have it unanimous.

10:25:52 Close to hearing.

10:25:52 >> Move to close.

10:25:53 >> Motion by Mr. Cohen, second by Mr. Suarez to close the

10:25:58 hearing.




10:25:59 The ayes have it unanimously.

10:25:59 Item number 40.

10:26:00 >>SAL TERRITO: We are here for item number 40 which is the

10:26:08 downtown assessment and nothing was changed from last year.

10:26:15 We have a representative from downtown if you want to move

10:26:18 this item.

10:26:18 >> Anyone in the audience care to speak on item number 40?

10:26:21 >> Good morning.

10:26:25 I'm Kristin Burdick with the Tampa downtown partnership and

10:26:29 I'm here to represent the chairman of our special services

10:26:32 district advisory committee who for the first time in 18

10:26:36 years having to miss one of these public hearings.

10:26:39 But on behalf of the special services district advisory

10:26:42 committee, I want to present to you -- we have presented the

10:26:48 list of accomplishments of the special service district has

10:26:51 accomplished the last year.

10:26:53 Our work plan for this next year as Mr. Territo said, there

10:26:58 are no changes in the assessed amount.

10:27:00 We have heard no objections.

10:27:01 And we are at your service in order to make and manage

10:27:05 downtown the most it can be.

10:27:09 Do you have any questions?

10:27:11 >>CHARLIE MIRANDA: Any questions by council members?

10:27:12 Anyone want to speak on item number 40?

10:27:16 >> Move the resolution.




10:27:18 >>CHARLIE MIRANDA: Seconded by Mr. Suarez, motion by Mr.

10:27:23 Cohen.

10:27:23 The ayes have it unanimously.

10:27:25 >> Move to close.

10:27:28 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern.

10:27:29 All in favor of the motion please indicate by saying aye.

10:27:32 Opposed nay.

10:27:34 Motion carries unanimously.

10:27:36 Item number 41.

10:27:37 >>SAL TERRITO: Legal department.

10:27:39 We are here for the streetcar special assessment.

10:27:41 Again nothing was changed.

10:27:43 We have received no objections on this item.

10:27:44 There is someone here to speak to it if you have any

10:27:47 questions.

10:27:47 >>CHARLIE MIRANDA: Thank you very much.

10:27:48 Yes, sir.

10:27:48 >> David Mechanik here as president of Tampa historic

10:27:56 streetcar, INC, here to request your approval and be happy

10:28:01 to answer any questions.

10:28:02 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:28:04 item number 41?

10:28:05 I need someone to move the resolution.

10:28:07 >> So moved.

10:28:08 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,




10:28:10 second by Mr. Suarez on 41.

10:28:13 All in favor?

10:28:14 Opposed?

10:28:14 The ayes have it unanimously.

10:28:16 I need to close the public hearing.

10:28:17 >> Move to close.

10:28:20 >> Second.

10:28:21 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Mr.

10:28:24 Suarez.

10:28:24 The ayes have it unanimously.

10:28:26 Item number 42.

10:28:27 >>SAL TERRITO: Legal department.

10:28:32 This is the Westshore special assessment.

10:28:34 And once again there have been no objections, and there's

10:28:37 someone here to answer questions if you have any questions

10:28:39 for them.

10:28:43 >>CHARLIE MIRANDA: Yes, sir.

10:28:43 >> Chris Weather, Westshore Alliance, here to ask your

10:28:47 support for the Westshore special assessment.

10:28:50 This is our eleventh year in the assessment, and

10:28:53 transportation, marketing and security programs through

10:28:55 that.

10:28:55 We have made no changes this year, remains the same as it

10:28:59 has been.

10:29:00 As you know, we only assess commercial properties.




10:29:02 We have made a concerted effort to notify the property

10:29:05 owners, and we also had the opportunity for a workshop.

10:29:08 And I would like to provide the council some letters of

10:29:11 support from some establishments on Westshore.

10:29:15 >>CHARLIE MIRANDA: Anyone in the audience care to speak on

10:29:18 42?

10:29:18 >> Gerald White, Hillsborough County, City of Tampa

10:29:24 community activist.

10:29:26 The reason I came to the public hearing is related to the

10:29:29 city budget, just really wanted to find out a little more

10:29:31 about these special assessments, how -- what kind of role

10:29:37 citizens have in reaching their conclusions.

10:29:40 Everything looks like it's in order.

10:29:41 It's good to have citizens and government working together.

10:29:49 I just want to encourage all the residents of Tampa to take

10:29:52 a moment and study the city budget that's on the city Web

10:29:56 site.

10:29:56 I know there's a lot going on in the community right now

10:29:59 with the presidential election, city elections, county

10:30:03 elections, federal elections, but the budget of the City of

10:30:06 Tampa is extremely important, and, Mr. Chairman, I took a

10:30:10 moment out of my time this morning to come down and see what

10:30:13 was going on with the revenue in the City of Tampa.

10:30:16 Thank you for the work that you do.

10:30:18 And I'm really excited about these different groups and




10:30:21 citizens volunteering their time and making a difference in

10:30:25 the City of Tampa.

10:30:26 >>CHARLIE MIRANDA: Thank you very much, sir.

10:30:27 Anyone else?

10:30:28 >>FRANK REDDICK: Move the resolution.

10:30:35 >>CHARLIE MIRANDA: Moves the resolution 42.

10:30:36 Second by Mr. Cohen.

10:30:37 All in favor of the resolution by Mr. Reddick?

10:30:41 All in favor? Nay? The ayes have it unanimously.

10:30:45 Need a motion to close.

10:30:46 >> So moved.

10:30:47 >> The ayes have it unanimously.

10:30:50 Item number 43.

10:30:51 43.

10:30:52 >>SAL TERRITO: This is a little bit unusual.

10:30:58 What we have here is an equity fiscal responsibility act

10:31:03 hearing which gives the public an opportunity to speak on

10:31:07 these issues.

10:31:08 We have asked by Moffitt Cancer center -- I'll wait a second

10:31:12 to refund two separate bond issues.

10:31:17 So even though we are having one public hearing, you will be

10:31:19 considering two separate resolutions to refund existing bond

10:31:26 issues and also to help them with some of the financing of

10:31:29 some new facilities, and some refurbish some of their old

10:31:33 facilities.




10:31:33 The City of Tampa will bear no responsibility for paying

10:31:36 these bonds.

10:31:37 The responsibility falls specifically on the H. Lee Moffitt

10:31:41 Cancer center and the fee for undertaking this activity.

10:31:44 And there is someone here if you have any questions on any

10:31:47 of these items.

10:31:47 >> Anyone in the public care to speak on 43, part 1 or part

10:31:52 2?

10:31:57 We are going to take two votes even though I think one vote

10:32:00 can be required.

10:32:01 >> I request you take two votes.

10:32:03 One for 2012-A issue and one for the 2012-B bond issue.

10:32:09 >> I'll move 43.

10:32:12 >>CHARLIE MIRANDA: 2012-A issue is what we are about.

10:32:18 Seconded by Mrs. Mulhern.

10:32:20 All in favor?

10:32:21 Opposed?

10:32:22 The ayes have it unanimously.

10:32:23 Now we go to 2012-B.

10:32:25 >> I will move 2012-B.

10:32:28 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.

10:32:30 Suarez.

10:32:30 All in favor of that motion?

10:32:32 Opposed nay?

10:32:33 The ayes have it unanimously.




10:32:34 >> Move to close.

10:32:36 >>CHARLIE MIRANDA: We have a motion to close by Mr. Suarez.

10:32:38 Seconded by Mrs. Mulhern.

10:32:40 All in favor of the motion please indicate by saying aye.

10:32:42 Opposed nay.

10:32:43 The eyes have that unanimously.

10:32:50 We go to staff reports.

10:32:51 Item number 44.

10:32:52 >> Greg Bayor, parks and recreation director.

10:33:01 It's a rare day when I can stand before council with these

10:33:09 and that's what we are here to do.

10:33:10 Would you like a presentation?

10:33:12 I can give you some highlights.

10:33:13 I had the pleasure of meeting with all of you, to answer

10:33:16 questions, and certainly would like to go over that.

10:33:18 We do have 19 pages of detail for the public to

10:33:22 scrutinize -- this is a result of a lot of resident,

10:33:29 nonresident, and we are under capacity, and we would like to

10:33:34 bring our program up to full capacity.

10:33:36 As such, the primary change is going to be lowered $110 down

10:33:44 to 30 and several new elements in the nonresident, one a day

10:33:52 guest pass, and just pay $10, and you don't have to buy a

10:33:57 pass, just pay $10.

10:33:59 Obviously if you go three times you are going to want a

10:34:02 nonresident pass card.




10:34:04 Probably the other big change is we are eliminating the

10:34:07 double charges.

10:34:07 We will no longer be a red car fee for sports, a rec car fee

10:34:17 for the tennis, and a logical tennis might be what kind of

10:34:20 revenue will we lose?

10:34:22 We actually anticipate growing our revenue through lower

10:34:26 fees.

10:34:26 We did a test example with the youth soccer program.

10:34:30 We still have an increase with the nonresident card.

10:34:38 We grow by less than 2%.

10:34:40 2% brings us up to where we are at right now and we have

10:34:44 plenty of room to grow that 2%.

10:34:46 So we are excited about the possibility.

10:34:47 We are hearing it immensely.

10:34:50 The program has been seasonal so there's no really impact on

10:34:53 any kind of rebate, refunds, so timing is perfect.

10:34:57 >> Ms. Mulhern?

10:35:00 >> Thank you, Mr. Chairman.

10:35:02 I want to thank you so much, Mr. Bayor for getting this done

10:35:08 so quickly of a you started, and I'm sure that the Parks

10:35:10 Department staff before you has been working on this.

10:35:17 This is something that the former council pushed for, and

10:35:23 especially myself, and Chairman Miranda in the last four

10:35:27 years, and you seem to have cured pretty much all of the

10:35:37 questions that we had, and that the city residents had, and




10:35:40 some of the outside residents, too, but especially for our

10:35:46 youth, and our youth that do not have the fund to do this.

10:35:51 And we lost, in the first year when those fees were all

10:35:58 changed and raised, some of the programming, the

10:36:01 after-school and the camps, we lost 70%, 80%.

10:36:06 I don't know how many programs were eliminated, because

10:36:10 there weren't enough people even signing up to do them.

10:36:13 And this chamber was filled probably, I don't know, five or

10:36:19 six times in one year with people from the community who

10:36:22 were at their wit's end, a lot of parents who had nowhere

10:36:26 for their kids to go.

10:36:28 We had so many people who were just devastated by those

10:36:34 changes.

10:36:34 And I'm just so happy that it happened.

10:36:39 And I want to encourage you.

10:36:41 The former council passed the fee increases with the caveat

10:36:46 that nobody would of be turned away.

10:36:48 And when we saw that that didn't happen, we pushed and

10:36:53 pushed and pushed for changes.

10:36:54 Some of which were adopted, but the real solutions that you

10:37:00 started to make are really what we needed.

10:37:02 And I want to just say that our fees were not appropriate.

10:37:07 They were behind the times.

10:37:09 A lot of them were really too low.

10:37:11 But the drastic way they were increased didn't make any




10:37:14 sense, and it really decimated a lot of what was going on.

10:37:18 So one other thing I wanted to say was, we lost a lot of

10:37:21 really good contractors and instructors, and I hope that as

10:37:26 programs get rebuilt and more people sign up that some of

10:37:29 those people will come back.

10:37:32 Thank you very much.

10:37:32 >> I appreciate those compliments, and I certainly

10:37:37 compliment my great staff.

10:37:39 They have been the cheerleader and pushed me out front and

10:37:41 said lead this charge, so here we are.

10:37:44 Yes, I am a very urban parks person.

10:37:46 I think you know that now.

10:37:48 And programs will be key to our success in the future.

10:37:51 >>MIKE SUAREZ: Mr. Bayor, I appreciate what you have done.

10:37:58 You have done something that wasn't being done prior, and I

10:38:00 think Councilwoman Mulhern and Councilman Miranda understood

10:38:03 it which is serving the customers or the client, and the

10:38:07 citizens of the city as opposed to trying to figure out a

10:38:10 price point that was going to make parks and recreation

10:38:14 happy.

10:38:14 You have done something when you look at a business, finding

10:38:16 the place where you are going to get more use with less

10:38:19 fees, and you are going to grow the program as opposed to

10:38:23 shrink them, I think it's a great, great example of your

10:38:26 leadership.




10:38:27 It's a breath of fresh air for us because we feel as if you

10:38:30 are looking at how to use all the resources that you have,

10:38:36 and then get as many partnerships as possible to make the

10:38:40 parks and recreation a true diamond here in the city.

10:38:43 You do a great job.

10:38:44 And I just want to thank you for making sure that the way

10:38:47 that you are going to grow it is going to be significant,

10:38:51 hopefully in the future we can talk about expanding programs

10:38:53 and doing other things with parks and rec.

10:38:57 >> Thank you for the kind words.

10:38:58 Again I will share that with my staff.

10:39:01 >>CHARLIE MIRANDA: Any other council members?

10:39:03 Thank you very much.

10:39:04 I believe Ms. Mulhern said it all along with Mr. Suarez.

10:39:08 You are better off in business if you have millions of

10:39:11 people buying a product that you make one penny on than

10:39:14 selling one practiced for a dollar.

10:39:15 It doesn't make sense.

10:39:16 And you are anytime right direction.

10:39:18 And I hope that your model is used throughout the city and

10:39:21 many other aspects and many departments.

10:39:23 Appreciate it very much.

10:39:26 Ms. Capin.

10:39:28 >>YVONNE CAPIN: Just to let you know, I serve on the board

10:39:31 of the Tampa historic streetcar, and yesterday we were




10:39:34 discussing the budget and the fares and the service and the

10:39:39 route, and I suggested they look at what you are doing at

10:39:42 the parks and rec.

10:39:44 And how we could maybe lower the price and increase the

10:39:49 service and do it with volume.

10:39:51 And I truly appreciate your leadership.

10:39:53 Thank you.

10:39:53 >> I move 43, chair.

10:39:59 44, excuse me.

10:40:02 >>YVONNE CAPIN: Second.

10:40:03 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

10:40:05 Capin on 44.

10:40:07 All in five of the motion?

10:40:09 Opposed nay?

10:40:10 The ayes have it.

10:40:12 Thank you very much.

10:40:12 You are on 45 also.

10:40:13 >> Continuance on 44.

10:40:23 >>MARY MULHERN: I hate to have to continue this, because

10:40:29 the questions that arose about what the landscaping that's

10:40:35 going on on Bayshore, a lot of it is already done and I

10:40:47 understand there's more to be planted.

10:40:49 So I would suggest that we have just a 30-day continuance.

10:40:54 And I understand that these questions came up, there are a

10:40:58 lot of questions, and there isn't much time to do this, but




10:41:01 I would like to point out -- and I'm sure that all the work

10:41:07 that you inherited when you started, and it wasn't something

10:41:10 that you would have necessarily even been aware of, but I

10:41:15 just want to point out, the lack of public involvement,

10:41:22 neighborhood involvement, especially with the residents on

10:41:24 Bayshore, lack of any City Council input, and neighborhood

10:41:33 association input in this major plan, I heard $750,000.

10:41:43 Is that right?

10:41:43 I don't know if that's right or not.

10:41:45 But a lot of money, city dollars, park money, general fund

10:41:50 money, I believe.

10:41:51 So when you come back in 30 days, I would like to hear

10:41:58 from -- either from you, details of all the budget, the

10:42:05 funding, what budget lines, where everything came from, and

10:42:09 also hear from transportation, because the biggest

10:42:15 problem -- I look at it.

10:42:23 Really the questions are the cost of maintenance, where

10:42:25 things aren't necessarily drought tolerant, aren't native

10:42:30 plants, and also the question of safety, both for

10:42:33 pedestrians and bicyclists, using the waterside of Bayshore,

10:42:40 but also for motorists with their view.

10:42:45 So there are major questions that they are not really parks

10:42:50 problems, they are transportation.

10:42:53 And I think bigger budget issues.

10:42:55 When we come back in 30 days, whichever, I don't know, if D




10:43:00 we give you a date that that would work?

10:43:06 >>CHARLIE MIRANDA: Let's get a date on that item.

10:43:08 >>THE CLERK: 30 days, next regular council session, is

10:43:12 September 6th or September 27th.

10:43:15 >>MARY MULHERN: That's almost 60 days.

10:43:23 You get extra.

10:43:24 September 27th.

10:43:25 >> We very much appreciate it.

10:43:27 We are starting to put together a report and as you said

10:43:29 they are major issues, so there is a lot of data to come

10:43:32 together.

10:43:33 As you have your conversation with CDBG the funding sources,

10:43:38 it will take awhile to look at that.

10:43:40 >> We have a motion by Mrs. Mulhern, a list or continuation

10:43:44 to September the 27th at 10:00, staff reports.

10:43:49 >> So moved.

10:43:51 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern.

10:43:53 Second by Ms. Capin.

10:43:55 All in favor of that motion?

10:43:57 Opposed?

10:44:00 You tried to fool the chair.

10:44:02 [ Laughter ]

10:44:04 All in favor of the motion please indicate by saying aye.

10:44:07 Opposed nay.

10:44:07 The ayes have it unanimously.




10:44:09 Okay.

10:44:09 Thank you very much.

10:44:11 We go to item 46.

10:44:14 Mr. Jake Slater.

10:44:15 >> Jake Slater, Code enforcement division, number 46 on the

10:44:33 robo calling that we had stressed a couple weeks ago.

10:44:37 The City of Tampa has actually purchased software for robo

10:44:40 calling which is overall compatible with our existing

10:44:48 computer system, and also telephone system.

10:44:51 The cost of the software is $500.

10:44:55 The software automatically dials over 100 numbers per day at

10:45:01 approximately 20 times per day, and there is no cost per

10:45:04 call.

10:45:09 I'm also happy to let you know that if the calling number

10:45:15 has an answering machine that the application listens to the

10:45:18 answering machine fully, and when the beep comes on, and

10:45:24 then we give our overall message.

10:45:27 There isn't any monthly service charge.

10:45:29 There isn't any monthly fees involved.

10:45:31 We are going to try to get this up and running after the

10:45:34 RNC.

10:45:36 What we plan on doing is to probably find out exactly what

10:45:39 type of compliance rate that we actually have with the robo

10:45:44 calling installed.

10:45:49 The overall compliance rate down in Hollywood, Florida since




10:45:53 March has been about 75%.

10:45:57 And if we get half of that, I'll be happy.

10:46:01 That's our overall plan.

10:46:04 Just to let you know, we let the -- the city of Orlando and

10:46:09 Orange County have also institute add robo call system and I

10:46:12 am going to contact them in regards to what type of

10:46:15 compliance rate they have.

10:46:17 We have some extra legal issues to work out in regards to

10:46:20 the overall enforcement which we hope to work out in

10:46:24 probably 30 days or so.

10:46:30 My motto in regard to robo calling is snipe signs are an

10:46:35 overall nuisance in the neighborhood.

10:46:41 Any questions?

10:46:47 >>MIKE SUAREZ: I assume the process for getting the numbers

10:46:49 for the robo calling will dovetail with what you are going

10:46:52 to talk about as part B of this, which is the volunteers?

10:46:56 >> That's correct.

10:46:56 >> I'll let you continue your report then.

10:46:58 >> Item B is an update on the City of Tampa's volunteer

10:47:03 snipe sign program.

10:47:05 We have been working on it since we last had a chance to

10:47:08 meet.

10:47:08 I'm happy to inform you that we sent out an e-mail to the 96

10:47:13 neighborhood presidents.

10:47:14 We have had a very favorable type of response on that.




10:47:21 Again, we hope to get this up and running after the RNC.

10:47:25 There are some issues with some overall training that we

10:47:28 have to institute.

10:47:29 I have been in contact with Hillsborough County code

10:47:30 enforcement and they have actually volunteered to help us

10:47:34 without any additional charges or costs.

10:47:38 The overall cost that we have actually figured is about $20

10:47:41 per vest, some type of safety vest installed.

10:47:46 There will be code enforcement and volunteer, have the City

10:47:49 of Tampa logo on front, have an I.D. card like this, similar

10:47:53 to this.

10:47:54 The only on the cost that I actually thought about last

10:47:57 night is I want to do some type of background check on these

10:48:02 folks just to make sure that they don't have any type of

10:48:05 serious type of arrest records.

10:48:08 But I think with the robo calling and the volunteer program,

10:48:12 I think those are two great tools for us to actually deal

10:48:15 with these programs.

10:48:21 Our time frame is in regards to the volunteer program, it

10:48:25 probably get the training up and running at the end of

10:48:28 September, first part of October, and probably to institute

10:48:32 it going into the next month to November, probably after the

10:48:36 presidential election.

10:48:38 I don't want to feel the volunteers with all the political

10:48:46 signs.




10:48:47 I would like to wait until that is over with and have code

10:48:49 enforcement deal with those signages first.

10:48:56 >>CHARLIE MIRANDA: Questions by council members?

10:48:57 >>LISA MONTELIONE: Thank you for your work on this, Mr.

10:49:01 Slater.

10:49:01 When this was brought to me by one of the neighborhood

10:49:04 presidents in the unincorporated area, and say, hey,

10:49:09 Hillsborough County is doing this and I think it's a great

10:49:11 program, and he has been a volunteer with that program, Mr.

10:49:16 Grant Walters.

10:49:17 I was very happy to hear that Hillsborough County is going

10:49:23 to participate with us and it just reinforces that it's a

10:49:31 new day where Hillsborough County and the City of Tampa are

10:49:37 participating on programs together to save us money and to

10:49:40 serve our citizens.

10:49:41 We talked about this yesterday.

10:49:42 So I was prepared for all of your comments except for one

10:49:46 that you thought of last night.

10:49:49 >> About the background checks.

10:49:50 >>LISA MONTELIONE: And I do have some consternation about

10:49:57 that.

10:49:57 I have to be honest.

10:49:59 Because providing people the opportunity to serve their

10:50:01 community is something that we need to encourage.

10:50:06 It's something that we have talked about just recently as




10:50:09 far as some type of ordinance to help people with challenged

10:50:15 backgrounds to gain employment.

10:50:18 And I think that in service to their community, this would

10:50:22 be a good Avenue for people to put on a resume to say that,

10:50:26 you know, I have worked with this program and I have done

10:50:29 this and have a good recommendation.

10:50:32 So for us to eliminate individuals because they have a

10:50:38 challenged background, I have a little bit of concern about

10:50:42 that and would like to see this as an opportunity for people

10:50:45 to give back to their community, even though they may have

10:50:49 some, you know, blemishes on their record.

10:50:52 It all depends on what the background check is used for, or

10:50:57 what kinds of things would prohibit someone from

10:51:00 participating.

10:51:00 But retrieving snipe signs is not something that I think

10:51:08 would put our public in danger from individuals who have had

10:51:12 a challenged past.

10:51:13 >> I know that Hillsborough County code enforcement conduct

10:51:17 background checks on all of their volunteers.

10:51:19 My only concern is that when we give them a vest and it says

10:51:24 the City of Tampa on there and it says that the department

10:51:28 of code enforcement volunteers, I don't know what the

10:51:30 threshold should be.

10:51:32 That is something that we are going to have to discuss a

10:51:34 little bit further.




10:51:35 But I just want to make sure that the people we have

10:51:40 representing us are going to be there for the right reasons.

10:51:44 >> I understand the concern, and they are valid points,

10:51:47 especially since it will say City of Tampa on the vest.

10:51:51 But it's just something that I think we need to consider

10:51:54 carefully.

10:51:54 >>JAKE SLATER: I agree.

10:51:57 >>MIKE SUAREZ: Mr. Slater, thanks again.

10:52:00 I'll tell you what, there's not many programs that our

10:52:05 government or any on the government, we are going to say we

10:52:07 are going to get 500 bucks and try to reduce these snipe

10:52:11 signs.

10:52:11 I really applaud you doing that.

10:52:13 I think that the volunteer idea, which was presented to us

10:52:17 by Councilwoman Montelione, is going to be a terrific

10:52:22 combination, one-two punch on this, and without being too

10:52:28 over the top, I do think that this is something that we need

10:52:31 to look at and actually Barack about and telling other

10:52:35 cities and on the counties out there in the rest of the

10:52:39 state.

10:52:39 But in terms of the background checks, I do understand both

10:52:44 viewpoints in terms of what Ms. Montelione said and what you

10:52:47 said.

10:52:48 Anytime we have someone that represents the city, even on a

10:52:51 volunteer basis, we have to be very careful what that




10:52:54 threshold is going to be, I think we need to talk to legal

10:52:56 and figure out if it's going to be something minor or not.

10:52:59 I know that as a person that's volunteered in little league,

10:53:02 things like that, you still have to do background checks.

10:53:06 Almost any activity nowadays.

10:53:09 I hope it won't have an effect on people coming in and

10:53:12 volunteering but I definitely understand your reasoning

10:53:14 behind it.

10:53:15 Thanks again for your hard work.

10:53:16 We appreciate it.

10:53:18 >>CHARLIE MIRANDA: Other council members?

10:53:20 We go to item number 47.

10:53:23 >>JAKE SLATER: That's going to be a report on the VM Ybor,

10:53:34 on the vacant properties.

10:53:35 Just a little background on that.

10:53:39 We have been in contact with the VM Ybor folks on a

10:53:42 continuing basis for the last six months, and their number

10:53:45 one overall concern was actually vacated properties and

10:53:51 foreclosed properties and squatters, and again the people

10:53:54 that are there taking up residence illegally.

10:53:58 Just to let you know, since we enacted the vacant

10:54:02 foreclosure property registration, back in April of '10, in

10:54:06 the year 2010 we had 2536 vacant properties registered.

10:54:12 In the calendar year 2011 we had 3325.

10:54:17 Last year we had 4316 in the City of Tampa.




10:54:22 Those are the ones that we know about.

10:54:25 It's unfortunate, but we do have a problem with the vacant

10:54:29 overall properties, the foreclosed properties.

10:54:34 So we sat down and said how do we think outside the box?

10:54:38 How do we come up with a different type of enforcement

10:54:40 program instead of going through the normal code enforcement

10:54:43 process, board magistrates?

10:54:46 So we came up with that idea, and we decided to choose VM

10:54:52 Ybor as a pilot overall program, and we came to council last

10:54:57 year, and you gave me the authority to issue various types

10:55:02 of orders to help us do the job better.

10:55:05 And this is the first time that we have done this.

10:55:08 And we decided that we were going to do a thorough, complete

10:55:12 comprehensive scan of the VM Ybor addresses that encompasses

10:55:18 on the west side, interstate 275, to the north 26th

10:55:23 Avenue, to the east 15th street, and to the south

10:55:26 interstate 4.

10:55:29 And we came up with about 135 vacant properties.

10:55:35 Some are in horrible conditions.

10:55:36 Some are boarded up.

10:55:37 Some had active code enforcement cases.

10:55:42 So weigh what we did, we decided we were going to notify the

10:55:46 property owners via a letter asking their help, telling them

10:55:51 what we were trying to do, telling them that the VM Ybor had

10:55:57 experienced various types of crime issues, arson issues, and




10:56:01 asked their help.

10:56:02 We asked their help two ways, either to sign a trespass

10:56:08 affidavit that we give Tampa PD the authority to arrest

10:56:11 anybody who was there unlawfully.

10:56:16 Second, we asked them to concur -- and I was going to issue

10:56:21 an order to vacate, which would be posted on the actual

10:56:26 properties, which would again give Tampa PD the authority to

10:56:32 enact an arrest if they determined the people at those

10:56:35 vacant foreclosed properties were there illegally.

10:56:40 We sent out letters about the July 20th, and we give

10:56:44 them 15 days to respond.

10:56:53 We received back about 108 out of 135.

10:56:58 We had a couple that we had bad addresses, actually 20.

10:57:03 We received about 12 affidavits back.

10:57:05 It's better than nothing.

10:57:07 This is a pilot program.

10:57:09 But we ended up posting 88.

10:57:14 88 of these yellow stickers are on vacant foreclosed

10:57:20 properties in VM Ybor.

10:57:22 And we had some people call us on the phone, say listen, I

10:57:25 was in the process of actually renting it, renovating it.

10:57:29 I said, fine, that's okay.

10:57:31 We are not going to Post it.

10:57:33 Would you like to sign like an affidavit?

10:57:35 And they said, great idea.




10:57:37 Sure, I will be more than happy to sign an affidavit.

10:57:40 So I'm excited about the program.

10:57:42 It's a new way to deal with the vacant foreclosed

10:57:46 properties.

10:57:46 It a pilot program.

10:57:48 I hope to be able to come back with you like in a couple of

10:57:51 months once we get all the data back, that we actually look

10:57:54 at the criminal type of activity, and look at the overall

10:57:57 results.

10:58:00 But it's a way to deal with the vacant foreclosed property

10:58:03 issues.

10:58:04 >>HARRY COHEN: Are there any questions by council members?

10:58:08 >>LISA MONTELIONE: I understand this is a pilot program.

10:58:10 Have you anticipated with the hopeful success of this

10:58:15 program to move it into different neighborhoods because the

10:58:20 idea that homes are only being occupied when they shouldn't

10:58:25 be is not a VM Ybor specific problem, this is happening all

10:58:31 over the neighborhood?

10:58:32 I know you and I drove around in sections of Copeland park

10:58:38 and university scare, the area close to Nebraska, and

10:58:41 Fowler, and we saw quite a lot of supposedly vacant

10:58:47 properties.

10:58:49 So I would like to see this program once you have some

10:58:53 data -- and I don't see why it wouldn't be -- to move it

10:58:56 into on the areas.




10:58:57 >> We want to take it city-wide.

10:58:59 We want to take this program city-wide.

10:59:01 It's another way to address the vacant foreclosed property

10:59:04 issues, which as you know, adds blight to the neighborhood.

10:59:10 Illegal criminal activity, and code -- this is a way to deal

10:59:14 with it.

10:59:14 It's a new way.

10:59:15 It's an innovative way.

10:59:18 We came to you last year asking for help.

10:59:20 You gave me that help.

10:59:21 Now we are asking.

10:59:25 >> One other question.

10:59:27 Again, not being neighborhood specific, there are areas

10:59:32 within the gated communities of New Tampa that have been

10:59:37 victims of people attempting to take property by adverse

10:59:42 possession, where they moved into neighborhoods, and they

10:59:48 move into homes, seemingly with the approval of the

10:59:52 homeowner.

10:59:54 Well, at this point the homeowner may have been long gone

10:59:57 and the property is floundering in the foreclosure.

11:00:00 The bank doesn't know that people have moved into the house,

11:00:02 and they are living there creating quite a legal problem for

11:00:07 the community.

11:00:09 So is this program going to address that issue as well?

11:00:15 >> We.




11:00:16 Made that jump yet.

11:00:18 That's a new challenge for us.

11:00:22 But I think I mentioned before when I came to council that

11:00:25 the number one and the number two areas in the City of Tampa

11:00:28 that have the most vacant foreclosed properties, New Tampa,

11:00:32 Sulphur Springs.

11:00:33 >> And a lot of people don't think about those two areas

11:00:38 having a whole lot in common.

11:00:41 >>JAKE SLATER: The number one and number two areas in the

11:00:43 City of Tampa with the vacant foreclosed property issues.

11:00:46 >>LISA MONTELIONE: Is there any way we can work with the

11:00:50 financial institutions that are in the process of

11:00:52 foreclosing on some of these homes to identify where the

11:00:56 homeowner has moved out, and that property should be vacant,

11:01:01 but by inspection find out that somebody is living there?

11:01:06 >>JAKE SLATER: Yes.

11:01:08 There's a bunch of administrative -- a whole lot of

11:01:11 administrative work that's involved with us keeping us with

11:01:14 the foreclosure registry.

11:01:16 It's more than what I had imagined, because banks change,

11:01:20 change owners, mortgagees change, information changes, and

11:01:24 when we took it over, I didn't expect to have this volume

11:01:29 but I think that's a good idea, though.

11:01:30 >>HARRY COHEN: Just to make a comment on that about the

11:01:35 volume, there is another way coming through the court system




11:01:38 right now that is inundated with foreclosures, and it's

11:01:43 really the third wave, and it's just unrelenting, and my

11:01:49 times the normal amount of cases going through the court

11:01:54 system.

11:01:55 Anyone else?

11:01:55 Thank you very much, Mr. Slater.

11:02:01 We are going to move on to item number 48.

11:02:03 We have a lot of city departments that are going to be

11:02:06 reporting to us on this item, including the Tampa Police

11:02:08 Department, the legal department, code enforcement, planning

11:02:12 and development, and the Hillsborough County health

11:02:14 department.

11:02:15 >>LISA MONTELIONE: Before we take that item, I think the

11:02:19 city clerk needs to clarify the vote on 52 and 53, I believe

11:02:24 it is.

11:02:28 >>CLERK: If I am not mistaken chair Miranda stated we had

11:02:32 addressed 52 and 53 under approval of the agenda.

11:02:35 >> He announced them but do D we vote on them?

11:02:39 Can we move item 52 and 353 for approval?

11:02:44 They were moved as part of the agenda as a change to the

11:02:47 agenda, but we did not move them as items for approval.

11:02:50 That's what I am trying to clarify.

11:02:51 >>HARRY COHEN: I understand that.

11:02:53 I just thought we were going to come to them in the natural

11:02:56 order.




11:02:56 >> There are just staff ebbs members here to report.

11:03:00 I have no questions for them.

11:03:01 I don't think anybody else does.

11:03:02 So we can move to approve items 52 and 53.

11:03:05 >>MARY MULHERN: I'll move those items.

11:03:06 >> Second.

11:03:07 >>HARRY COHEN: Do we need to vote on them separately, madam

11:03:11 clerk?

11:03:11 No, okay.

11:03:12 So we have a motion to approve 52 and 53 by Mrs. Montelione,

11:03:17 seconded by Mrs. Mulhern.

11:03:19 All in favor?

11:03:22 Aye.

11:03:23 Okay.

11:03:23 We are going to move on to item number 48 now.

11:03:26 >>JAKE SLATER: City of Tampa neighborhood services code

11:03:37 enforcement.

11:03:38 Here to address a part of item number 48 with regards to the

11:03:44 park area and Occupy Tampa.

11:03:46 And what we had done to -- what our action has been up to

11:03:53 this point.

11:03:59 The normal process that code enforcement deals with when

11:04:02 there's a land use or zoning use, there's a referral system

11:04:05 that we have instituted in code enforcement that our

11:04:09 inspectors go out, look at the violation, photograph the




11:04:12 violation, and make a referral back to the land, and that's

11:04:18 what was done on the address overall, Main Street, the

11:04:24 address off of union and the address down on Tampa street.

11:04:29 I'm here to report that as of August 14th, that the City

11:04:34 of Tampa has issued violations of the zoning ordinance.

11:04:39 We sent out certified mail to the property owners in regards

11:04:42 to violations of section 27-77 which is a use issue in

11:04:50 regards to the address overall for Main Street, that they

11:04:53 have 21 days to come into compliance to remove all tents

11:04:57 from the property as camping is not permitted in the CI

11:05:02 district.

11:05:04 We also issued them for the illegal signs on the

11:05:06 right-of-way.

11:05:07 And we gave them again 21 days.

11:05:10 If they don't come into compliance within that 21 days, then

11:05:16 a subsequent notice is issued which we'll have a hearing

11:05:19 scheduled which is normally about 45 days out.

11:05:21 >>HARRY COHEN: Councilwoman Mulhern.

11:05:24 >>MARY MULHERN: When were they issued?

11:05:26 21 days from when?

11:05:29 >>JAKE SLATER: August 14th.

11:05:30 >>MARY MULHERN: Thank you.

11:05:33 >> There was another piece of property directly north of the

11:05:44 Main Street address that we also issued notice, that was at

11:05:47 2106 west union.




11:05:50 We issued notice to the property owner again for the

11:05:52 violation of our section number 27-77.

11:05:57 It's a use issue concerning camping is also not permitted.

11:06:01 There were two tents located on like properties just north

11:06:05 of the Main Street address.

11:06:07 Again we issued a notice for 21 days to come into compliance

11:06:10 F.not, then another notice is issued for a hearing, normally

11:06:15 45 days out.

11:06:16 >>FRANK REDDICK: Thank you, Mr. Chairman.

11:06:20 Ing

11:06:22 Mr. Slater, let me just raise a question here.

11:06:31 If you order a notice of violation, and you say based on

11:06:37 tents on the property?

11:06:39 >>JAKE SLATER: Yes, sir.

11:06:40 >>FRANK REDDICK: So knowing that those tents that were out

11:06:45 there for several weeks, would you tell me why did it take a

11:06:53 request from council to give a report about if there are

11:06:59 things that code could do, and if they have been having tent

11:07:04 out there for several weeks, and if there was a violation

11:07:09 three weeks ago or four weeks ago, why didn't we take

11:07:12 earlier action?

11:07:16 >> I know that in the referral process, it does take time

11:07:21 for the land development department to come up with their

11:07:24 interpretations, and there have been a lot of on the

11:07:29 departments involved in the overall enforcement action




11:07:32 discussions.

11:07:35 It was decided upon that we would go forward with the land

11:07:41 use issue now.

11:07:52 >>THOM SNELLING: Planning and development.

11:07:53 This is not just a camping issue, whether somebody is coming

11:07:57 in and throwing in some tents and starting a camp site.

11:08:00 We were watching nationally the overall occupy movement.

11:08:05 And there were questions about free speech, and other

11:08:09 potential Constitutional issues that were at hand.

11:08:13 So we were proceeding very cautiously.

11:08:15 And once we were comfortable that we weren't going to

11:08:18 violate any of those kinds of issues, we proceeded with our

11:08:21 local enforcement procedures.

11:08:23 And we wanted to err on the side of caution.

11:08:26 That's why we didn't immediately go out there because we

11:08:29 didn't know what was going to happen.

11:08:30 If you recall, some of the items started when the occupy

11:08:34 movement first occurred over on Curtis Hixon park.

11:08:39 We weren't sure where that was going to end up.

11:08:41 And then plus they were outside the property, was open

11:08:46 public property.

11:08:46 There were a lot of delicate issues that we needed to have a

11:08:50 great deal of confidence before we issued a standard zoning

11:08:53 violation.

11:08:53 >>FRANK REDDICK: Let me raise another question.




11:08:57 Fetch they remove the tent, and some of them indicated they

11:09:00 are going to remove the tents out there, but they are

11:09:03 replacing the tents with canopies in order to have more

11:09:07 space, to allow more people to accommodate the use of the

11:09:12 park, now what's the difference between tent and canopies?

11:09:21 >>THOM SNELLING: From a code perspective, again, city parks,

11:09:24 certain hours of operation, we have to respect that.

11:09:26 >>FRANK REDDICK: Under the current ordinance that they were

11:09:32 cited for reference to tents, is there a difference between

11:09:35 tents and canopies?

11:09:37 >> In terms of the code, not really.

11:09:41 Bus what would happen if somebody put up a canopy, private

11:09:46 public, public park, and they were using it for shade during

11:09:49 the course of the day while they were there re-creating, for

11:09:52 example, if it closed at sunset or dark, they are required

11:09:55 to take that down and move it off-site.

11:09:58 If they leave it there, then it technically becomes open

11:10:01 storage which is again a violation and they could be cited

11:10:04 for that.

11:10:04 >>FRANK REDDICK: Okay.

11:10:09 >>CHARLIE MIRANDA: Any further questions?

11:10:17 >>YVONNE CAPIN: This park doesn't have hours of operation.

11:10:23 I think you stated when the park opens or closes.

11:10:26 This park doesn't open or close.

11:10:28 It does not have hours of operation.




11:10:31 I heard that first hand because I was working on that back

11:10:34 last year in October, November.

11:10:38 And the point is, they can't sleep -- can't use it as a

11:10:44 tent, or covered for sleeping on that property.

11:10:48 Even if it's a tarp.

11:10:50 >> Correct.

11:10:51 >>MIKE SUAREZ: Can I hear from the legal department about

11:10:56 this?

11:11:00 During this report, I had asked for legal department to tell

11:11:02 us what our responsibilities are, code enforcement

11:11:10 concerning this.

11:11:10 Is there someone from the legal department to answer some of

11:11:13 those questions?

11:11:14 I know the city attorney is back there behind the cameras.

11:11:16 >>REBECCA KERT: Legal department.

11:11:23 I'm sorry, could you rephrase the question?

11:11:25 I'm not sure -- I'm not sure I understood exactly the way

11:11:30 that you just phrased it from what was said.

11:11:33 You said what are our responsibilities.

11:11:36 Move forward with code enforcement?

11:11:38 >> No.

11:11:39 We have a private park.

11:11:40 Okay.

11:11:40 We have folks that are part of the occupy movement that are

11:11:44 at the private park.




11:11:46 What are our rights outside of land use or code enforcement

11:11:50 that we have control over concerning a privately held public

11:11:55 park?

11:11:55 I know it says it's almost an oxymoron, but what is our role

11:12:00 in terms of controlling that particular park?

11:12:03 >> We do not control that park in the same way that we

11:12:06 control our own parks, because it is private property.

11:12:08 That being said, as a park, even if it's privately owned

11:12:13 much like the one in New York City, it may in fact have some

11:12:16 heightened level of first amendment protection if it is

11:12:19 operated as a park that's open to the public, even if it's

11:12:22 privately owned.

11:12:24 That being said, again, we do have the ability to regulate

11:12:28 use on that park, because regarding camping as a use and

11:12:38 camping not being an allowable use on that property.

11:12:41 >> And this goes back to some of the statements made before,

11:12:43 which is there has been camping on there, there has been

11:12:46 that type of use for quite some time.

11:12:49 Do we not know the legal ramifications of what code

11:12:53 enforcement and land use were prior to them moving to voice

11:12:56 of freedom park?

11:12:58 Again, you know, we have a unique situation.

11:13:02 It unique to us but it's not unique to what was happened

11:13:06 nationally as you mentioned, with regarding the park in New

11:13:09 York City.




11:13:13 I'm curious as to what our role is and controlling what

11:13:16 happens in the park and anything else that's going on with

11:13:19 camping.

11:13:19 I understand that as a land use, that is not allowed.

11:13:23 Shade, on the things are allowed as part of the park, in

11:13:27 terms of first amendment rights.

11:13:28 What is it that we can and cannot do when it relates to a

11:13:33 park that is privately owned?

11:13:34 >> It's a very fact-specific question and I'm not sure that

11:13:40 I can answer that in any greater detail.

11:13:42 >> You said facts that you currently know now concerning

11:13:45 what the situation is now.

11:13:50 Just wait a second.

11:13:51 I am not trying to put you into some kind of quandary with

11:13:55 this.

11:13:55 All I'm saying is, we had Mr. Redner come here, I think two

11:13:59 weeks ago or three weeks ago, mentioning that he was going

11:14:03 to try and evict the folks from the park -- I apologize, Mr.

11:14:10 Redner, whatever you said the first time, was you were

11:14:13 trying to get with the neighbors to GTE try to solve some of

11:14:15 the problems.

11:14:16 >> We agreed to --

11:14:18 >> And again that was an agreement that was made.

11:14:20 Now, we, as a city, do we have any rights in terms of a

11:14:25 private park, in terms of his statement to that effect?




11:14:29 And that's the only thing I'm talking about, which is we

11:14:31 have code enforcement.

11:14:32 We understand that.

11:14:33 We have the sanitation issues.

11:14:35 We understand that.

11:14:37 What role do we have in terms of that private citizen who

11:14:42 owns that park in terms of whether or not people continue to

11:14:44 be there?

11:14:45 That's the question.

11:14:46 >> I feel like I answered your question.

11:14:51 >>MIKE SUAREZ: If you answered my question then you

11:14:57 probably shouldn't speak because you have your boss next to

11:15:02 you.

11:15:03 >>JIM SHIMBERG: City attorney.

11:15:04 I think council properly has this on your agenda.

11:15:07 You received a report about it.

11:15:08 You previously heard Mr. Redner a couple weeks ago saying he

11:15:11 believes the park would be cleared out mid September.

11:15:14 You just heard your staff say that they have now been cited

11:15:17 for not allowing camping on the property.

11:15:20 And I think we have answered the questions to the best of

11:15:22 our ability right now.

11:15:23 >>MIKE SUAREZ: And again, I am not trying to -- I just want

11:15:27 to know what legal right we have in terms of a privately

11:15:31 held public park.




11:15:32 And that's the only thing I wanted to know, which is, you

11:15:35 know, it sounds to me zoning and land use only.

11:15:41 >> Well, there's a number of different issues as Ms. Kert

11:15:45 mentioned.

11:15:46 First amendment issues and other things.

11:15:47 What we are here today saying our zoning laws apply in that

11:15:53 park, and camping is not allowed, and gave them a citation

11:15:58 to that effect.

11:15:58 >>MIKE SUAREZ: Okay.

11:16:00 Thank you.

11:16:02 >>CHARLIE MIRANDA: I have Ms. Mulhern.

11:16:05 Do you want to speak now?

11:16:07 >>MARY MULHERN: Just briefly.

11:16:08 I just wanted to say this is interesting to hear this after

11:16:11 we heard about all the foreclosed properties and code

11:16:20 violations.

11:16:21 We have some really serious problems because of the economy.

11:16:25 And as we heard from the public that's been using this park,

11:16:30 that's what they want to talk about.

11:16:33 So from a policy perspective, I don't want to see us

11:16:38 spending man hours, code enforcement dollars, possible legal

11:16:45 costs, on this particular item when we have seen, because of

11:16:52 this convention that's coming here, all of our -- so much of

11:17:00 our public space is being monopolized by the convention

11:17:05 goers, and places where people would normally be able to use




11:17:12 their free speech, they are not going to be able to be

11:17:15 there.

11:17:15 So you have already forced the occupy movement out of

11:17:21 downtown, and this is one little park that they are using

11:17:26 due to the generosity of the private owner of that park.

11:17:34 And they have said they are going to be leaving after that.

11:17:36 So they are waving their right flag already.

11:17:39 I don't want to see this city spending any more time and

11:17:43 money including our time here going after people who are

11:17:48 really trying to do something about the inequities that we

11:17:53 are all facing right now.

11:17:55 And this is time that they deserve to get some national

11:18:00 attention, and hopefully maybe some of the media can find a

11:18:03 way to get over to West Tampa to see what some of these

11:18:07 people have to say.

11:18:09 >>CHARLIE MIRANDA: I have Mr. Reddick and then Mrs.

11:18:11 Montelione.

11:18:12 >>FRANK REDDICK: Mr. Chair, let me -- I requested different

11:18:21 people to speak from different departments so let me make

11:18:26 this as simple as possible.

11:18:28 My colleague is saying a small park and all of that.

11:18:33 But the difference we got in Curtis Hixon, and parks

11:18:40 throughout the city, is not surround by a residential

11:18:44 community.

11:18:45 That's a big difference.




11:18:46 And if you go on the Internet, you go on any of these Web

11:18:50 sites, and you see where you read in the paper, it was just

11:18:56 announced in the paper just the other day, they stated that

11:19:08 they are going to have over a thousand people at this park.

11:19:12 Where are they going to feed them?

11:19:17 You go on the Web site.

11:19:20 Occupy people are saying they are going to have 5,000

11:19:25 people, and feed them lunch, they are going to have concert

11:19:29 in the evening.

11:19:32 These are residential people, tax paying people in that

11:19:35 community.

11:19:40 They have the right to live in that community where they pay

11:19:42 property taxes and not being annoyed by this foolishness.

11:19:49 Who is going to be responsible?

11:19:51 Because law enforcement is going to have to get out there

11:19:53 and try to protect those 3, 4, 5,000 people that are going

11:19:59 to be occupying their that community.

11:20:02 So instead of law enforcement concentrating on the duty and

11:20:06 the responsibility downtown, and on the areas, if they have

11:20:10 to be out there, and the property owner should be held

11:20:12 responsible for the extra duty law enforcement is going to

11:20:18 have to supply to patrol the traffic.

11:20:20 Those people walking through that community, those people --

11:20:25 and let me assure you something else.

11:20:28 The health department sent me a report.




11:20:31 And let me show you this.

11:20:32 And let me say this to you.

11:20:35 There have been numerous complaint by unsanitary conditions

11:20:41 in that facility.

11:20:44 And let me show one example.

11:20:47 Now look at this Port-o-Let at this park.

11:20:57 That's the Port-o-Let.

11:20:58 Now, how can 1,000, 2,000, 3,000 people -- who is going to

11:21:04 be responsible for bringing more of those Port-o-Lets at

11:21:06 this park?

11:21:14 Unsanitary conditions.

11:21:18 Turn it around.

11:21:19 Look at this Meg mess.

11:21:21 And for the health report, these things are not in -- these

11:21:29 things are not in service.

11:21:31 Who is responsible for this?

11:21:33 >> (speaking from floor).

11:21:41 >>CHARLIE MIRANDA: Let the man finish.

11:21:43 I never interrupt you or anyone else.

11:21:44 >>FRANK REDDICK: They got their rights of freedom, but they

11:21:51 don't have the right to deny the citizens in that community

11:21:57 their rights.

11:22:00 And yes, this is a private facility, but that owner does not

11:22:03 have the right to derive these people in that community

11:22:07 during this weekend.




11:22:08 And somebody needs to be held responsible for the unsanitary

11:22:12 conditions out there at that park.

11:22:16 Somebody needs to be held responsibility if you look at the

11:22:18 health department report, they are serving food out there,

11:22:21 not hot running water.

11:22:23 What is the problem?

11:22:28 But we can sit here and deprive these people in West Tampa,

11:22:32 Main Street.

11:22:34 And we have a business owner sitting in here that all the

11:22:37 businesses in West Tampa can tell you the problems they are

11:22:41 going through.

11:22:42 We have residents in this community.

11:22:46 Do they have the right to live in peace?

11:22:49 You have 3 to 5,000 people that are going to occupy a park

11:22:52 that probably holds no more than 300.

11:22:54 Where are these people going to go?

11:22:58 And having concerts out there in the evening time.

11:23:03 Who is going to be responsible?

11:23:06 Law enforcement is going to have to patrol that area, fire

11:23:10 marshal is going to have to be out there, somebody has to be

11:23:13 out there to control that crowd.

11:23:17 But we can sit here and say, oh, it's all right, let them

11:23:24 have -- well, you got the right to go down to Curtis Hixon

11:23:29 where you are going down there, Marvin knight, with a bus on

11:23:36 the property, he has given law enforcement time to move that




11:23:39 bus off his property and he has authorized law enforcement

11:23:43 to arrest anybody who trespass on his property.

11:23:48 And that's adjacent to Mr. Redner's property.

11:23:51 So if you want to hold somebody accountable, hold Mr.

11:23:55 Redner.

11:23:58 >>CHARLIE MIRANDA: I have Ms. Montelione and Ms. Capin next.

11:24:01 >>LISA MONTELIONE: I would like to remind council and the

11:24:10 public that we spent many hours at many meetings discussing

11:24:13 individuals' right to the first amendment.

11:24:15 And for their rights to free speech and for assembly.

11:24:21 We talked about all of the regulations surrounding the

11:24:27 now -- what we know as the event zone.

11:24:29 We attempted to find this council, some of our members here,

11:24:34 we attempted to find a place for individuals to express

11:24:38 their free speech rights.

11:24:41 We failed to do that.

11:24:42 And because we did not -- and I see Mr. Shimberg -- we

11:24:48 failed in a way that we did not find a place for individuals

11:24:53 from occupy and those who want to join them, food not bombs

11:25:01 and other groups, who want to provide the welcoming for the

11:25:04 protestors.

11:25:04 We spent a lot of time on welcoming the Republican National

11:25:12 Convention attendees and all the individuals gathering here

11:25:15 for the convention.

11:25:16 We didn't spend a lot of time trying to figure how to




11:25:20 welcome those who are going come to protest.

11:25:22 So the idea that they found a place at freedom park, at the

11:25:28 graciousness of Mr. Redner, was a godsend to us, because now

11:25:34 they had a place that they could go and they could assembly.

11:25:37 I understand that many are going to be put out because of

11:25:41 the activities that will be here for the next couple of

11:25:43 weeks.

11:25:45 The park is going to provide an avenue, as some people spoke

11:25:49 today, it's going to provide a place for them to go and

11:25:52 maybe stay out of the fray of downtown, because coming

11:25:56 downtown and being in the event zone is going to be very

11:26:00 chaotic at best.

11:26:03 The people who are here in downtown are going to be put out.

11:26:05 The neighborhoods here and the residents who live down here

11:26:08 especially in the Channelside, Harbour Island areas, are

11:26:12 going to be put out.

11:26:13 So it's only if you live in maybe parts of my district that

11:26:18 are close to Pasco County that individuals are not going to

11:26:22 be inconvenienced over the next few weeks.

11:26:27 So it's understandable that folks in West Tampa have had a

11:26:33 difficult time.

11:26:33 I sympathize with the business owners.

11:26:36 We now know -- and I had asked when this item was being

11:26:39 moved to be scheduled -- that in agreement with Ms. Mulhern

11:26:43 that we not spend a lot of time talking today about this




11:26:46 because this is a finite issue.

11:26:52 We have a commitment from Mr. Redner that he has asked

11:26:55 individuals to vacate the park by September 21st.

11:27:02 But my calculations looking at the 21 days from code

11:27:04 enforcement we are only off by maybe a week and a half.

11:27:07 The difference between the 21 days from code enforcement and

11:27:10 the September the 1st commitment about two weeks.

11:27:14 So it's something that -- is an convenience to the

11:27:19 individuals of West Tampa, no doubt.

11:27:22 But it's also an inconvenience to either if you work down

11:27:25 here or if you live down here in the City of Tampa, the next

11:27:29 couple of weeks is going to be an inconvenience to a lot of

11:27:32 people.

11:27:33 Either we are going backwards and saying this is happened

11:27:36 before.

11:27:37 We can't undo the past.

11:27:40 We can't go back and say, yes, this has been a problem, why

11:27:42 didn't code enforcement do something about it before, why

11:27:45 didn't TPD do something about it before?

11:27:48 We say that about a lot of issues with code enforcement.

11:27:50 We have people who come on a regular basis to complain that

11:27:54 we have got situations that should have been addressed by

11:27:56 code enforcement months, even years ago.

11:28:00 But we can't change the past.

11:28:02 We can only move forward.




11:28:05 So I am in agreement with Ms. Mulhern that we do need to

11:28:10 provide a place for individuals to peaceably assemble to

11:28:17 express their free speech rights.

11:28:18 And ask that as one of our other speakers here this morning

11:28:23 did, Gerald White, ask that everyone be tolerant and that we

11:28:27 put our best face forward in the next couple of weeks.

11:28:31 There's nothing more that I can add, but I'm sure my fellow

11:28:37 council members will expound upon those ideas.

11:28:44 >>YVONNE CAPIN: As my fellow council member brought up,

11:28:50 first of all, targeting a group or an individual for

11:28:55 something they may do I think is unconstitutional, one.

11:29:02 And you spoke of 1, 2,000, 3,000 people.

11:29:08 I need to remind you that I was there July 27th from

11:29:11 11:30 p.m. till 4 a.m. July 28th with officer Danny

11:29:17 Baumgartner, and the purpose was to visit Main Street.

11:29:22 And I suggested that that be done, and I did that.

11:29:27 The crowds there -- there were over a thousand cars.

11:29:30 There were 3, 000, 4,000 people on the streets.

11:29:34 The blaring music came from cars, came from individuals, and

11:29:40 then the business owners joined in, and they moved their

11:29:43 speakers to the street at 1:30 in the morning.

11:29:48 So, yes, there's issues there.

11:29:50 There are a lot of issues there.

11:29:52 And it has been ongoing.

11:29:53 And the people of West Tampa deserve peace and quiet.




11:29:57 I will tell you this.

11:29:59 I did travel with her, and I said this before, at 1:30 a.m.,

11:30:04 it was -- I did comment at 12:30 p.m.

11:30:08 She did comment, officer Baumgartner commented that the

11:30:13 crowd was gathering earlier than usual, but this happens

11:30:17 every weekend.

11:30:20 One.

11:30:23 What happened was at 1:30, she received a call to come back

11:30:26 to Main Street, because there was a bottleneck, and cars

11:30:30 couldn't get in and out.

11:30:32 And we did go back to union and Howard, and they have a

11:30:38 system for directing traffic in and out so that they can

11:30:41 move the people out of the way.

11:30:45 I told her that I was going to walk to Main Street.

11:30:48 And I got out of the car to walk to Main Street, and I was

11:30:52 halfway down the block when people were coming toward me,

11:30:56 and then I heard no less than eight pop-pop-pop-pop-pop, and

11:31:02 I realized there was gunshots.

11:31:04 I turned around and walked back.

11:31:06 As I turned the corner, officer Baumgartner was calling me

11:31:09 back, that they had reports of gunshots.

11:31:21 To even be discussing, I looked -- I saw the park and the

11:31:25 people.

11:31:26 They were in their pup tents and they were zipped up.

11:31:30 I want you to know.




11:31:32 We spent a couple of hours after that trying to locate the

11:31:36 shooters, or who had the guns, and we went to North

11:31:39 Boulevard homes, Columbus court, Presbyterian, just

11:31:47 different places, and I asked if I could get a report on

11:31:52 that night's event.

11:31:55 And she said yes, but the gunshots would probably not be in

11:31:58 the report because the police had already -- law enforcement

11:32:04 and helicopters had been already called to the area to

11:32:07 vacate the area of the thousands of people that were there.

11:32:16 And I asked her, is this costing us extra?

11:32:18 She said, no, this is part of our duty.

11:32:20 But my question is, he have weekend they are being called to

11:32:24 this area, then other calls are being put on hold.

11:32:29 Such as domestic violence, burglary, whatever it is, because

11:32:35 all of district one, or many of them, are on Main Street.

11:32:40 So when you talk about issues, the people of Main Street --

11:32:46 it needs to be protected, and the people that lived there

11:32:50 need to live in peace and quiet.

11:32:53 I spoke to officer Jane Castor last Friday, and she reported

11:32:58 to me that the reason the early crowd was there was because

11:33:03 it was due to an incomes income tax fraud, moneys.

11:33:10 Someone walked into a restaurant and said that the food was

11:33:14 free, and the word got out.

11:33:21 You can't make this stuff up.

11:33:25 You know, I'm not here -- Mr. Redner announced that he had




11:33:29 given notice to vacate the property.

11:33:35 And that should satisfy.

11:33:36 It is a private park.

11:33:38 And I'm not here to defend Mr. Redner as he has the

11:33:44 wherewithal to defend himself, hire lawyers, as the City of

11:33:48 Tampa found out.

11:33:51 So calling all these people, I have put forth a workshop,

11:33:55 and I don't want to be remiss if I did not compliment our

11:34:01 law enforcement and officer Dani Baumgartner, and without a

11:34:09 doubt this is very dangerous work that they do.

11:34:12

11:34:12

11:34:13 And during my visit, my adventure, I felt completely safe,

11:34:21 and she noted how calm I was.

11:34:25 I felt she was very well trained, efficient, courteous, in

11:34:28 performing her duties.

11:34:29 She knew what she was doing.

11:34:31 And within minutes of any incident that we were called on,

11:34:35 there was back-up for her, and it is a compliment to our law

11:34:44 enforcement how efficient and quickly they were able to

11:34:48 vacate that area.

11:34:49 Then we went on and followed -- got a call that they had

11:34:53 moved on to Hollywood knight, and there was noise and

11:34:59 disturbance there, or that many of them had moved on to

11:35:03 there.




11:35:03 By then it was close to 3:00 in the morning, and I went on

11:35:07 one last call that took me to 4 a.m.

11:35:14 I did ask a council and it wags approved for October

11:35:18 25th a workshop on the issues relating to the need of

11:35:21 peace and quiet in the neighborhood on Main Street, and in

11:35:24 old West Tampa, and to discuss and include exploring

11:35:28 addressing neighborhood concerns such as noise, parking,

11:35:32 department of code enforcement, Tampa Police Department, and

11:35:37 invited to participate.

11:35:38 And I also want to bring up that we do have -- and we have

11:35:41 issues.

11:35:42 This is not just this area whether gunshots.

11:35:45 We had this happen in another area of our city, and all the

11:35:50 business owners came and protested and said, you know,

11:35:54 alcoholic beverage permitting is not a right, it is a

11:35:57 privilege, and I totally agree with that.

11:35:59 And I at this workshop will be dusting off an ordinance that

11:36:05 I brought forth before that is proactive instead of

11:36:10 reactive.

11:36:11 We need to be very diligent in these neighborhoods.

11:36:15 And as far as the Port-o-Let, it came to me, have you ever

11:36:20 been in Gasparilla to a Port-o-Let there?

11:36:23 I mean, all Port-o-Lets are issues if they are used very

11:36:30 frequently.

11:36:31 Really, that's all I have to say.




11:36:33 But when you talk about 1,000 people, when they have 1,000,

11:36:38 2,000 people every weekend there, that's just not -- just

11:36:44 doesn't -- and that there may be, when in fact there is, is

11:36:49 a different -- and I would like to again, the amount of

11:36:55 money and time that is being spent on this, when they have

11:37:00 been noticed, and they are moving, and we need to let

11:37:06 people -- their first amendment right, and I agree with my

11:37:09 fellow council member Mulhern and Montelione that we have a

11:37:15 little bit of tolerance in this city to these people, and I

11:37:19 do believe the tents will be gone, and we will be back to

11:37:26 our other issues on Main Street, like barbecue grills on the

11:37:29 right-of-way.

11:37:30 Thank you.

11:37:32 >>CHARLIE MIRANDA: Mr. Cohen and then Ms. Mulhern.

11:37:33 >>HARRY COHEN: Are we going to be hearing from the property

11:37:37 owner at all in this?

11:37:44 I would like to hear what he has to say prior to making a

11:37:47 statement.

11:37:49 Or maybe ask some questions.

11:37:50 >>MARY MULHERN: I just want to say one thing, and he might

11:37:55 have something to what I want to say.

11:37:59 >>HARRY COHEN: Okay.

11:38:02 I just want to hear everyone before I said anything.

11:38:04 >>MARY MULHERN: I don't want the neighborhood of West Tampa

11:38:08 to think that we don't care about them and don't believe




11:38:11 that this may really be a difficult time because of the

11:38:18 additional people that may be descending on that park.

11:38:23 But I would like to ask that with regard to the Port-o-Lets,

11:38:28 and also to water, this city has never worked with "food not

11:38:36 bombs" people whose purpose it is to feed.

11:38:40 We have pushed them out of any park where they have wanted

11:38:43 to be and private property where they wanted to be able to

11:38:45 feed the homeless.

11:38:47 So the reason that they have said they are going to go to

11:38:51 this park is because they know that if they show up anywhere

11:38:54 downtown or anywhere near a public place they are going to

11:38:58 be brought out.

11:39:00 So given that, this convention, which has $50 million being

11:39:07 spent on security, which I think includes money for things

11:39:10 like Port-o-Lets and water, maybe we could find, if needed,

11:39:16 a few Port-o-Lets to bring over to that park out of that

11:39:19 convention money, have water there for people, and hopefully

11:39:24 not prevent people who are charitably bringing meals from

11:39:30 feeding people.

11:39:30 >> Joe Redner.

11:39:40 10, 12 years ago I won some money from the City of Tampa in

11:39:43 a lawsuit.

11:39:43 I thought, what could I do for the City of Tampa with this

11:39:46 money?

11:39:48 And I knew these two sand lots down there, had been by there




11:39:54 and saw what was going on in the middle of the night, during

11:39:56 the night, and I thought, let me use my money to build a

11:40:00 park down there where this drug hole was and see if maybe it

11:40:10 could help West Tampa.

11:40:12 And I built that park.

11:40:18 I think it was very good for the neighborhood.

11:40:20 It was an asset.

11:40:22 I maintained it ever since.

11:40:25 At my expense.

11:40:28 And I thought frankly when the City Council -- I mean, when

11:40:32 the occupy people were getting put in jail, and occupying

11:40:36 parks downtown, I thought I was doing the city a favor, as a

11:40:40 matter of fact.

11:40:41 Although I do sympathize with occupy, because they have

11:40:46 worthwhile goals as far as I'm concerned.

11:40:49 And feeding the homeless, what's the problem?

11:40:55 Also, concerts, that park is available, they have

11:40:58 electricity and has water, has been available for concerts

11:41:06 from the neighborhood which they have utilized and I have

11:41:09 allowed them.

11:41:10 It's happened over and over again.

11:41:12 They have used it for neighborhood functions.

11:41:17 And I saw what was going on in the city.

11:41:22 I knew the occupy, as the occupy was winding down, so I

11:41:27 talked to them, and we came to a conclusion -- I never




11:41:31 booted anybody out, I never evicted anybody.

11:41:34 But we came to agreement.

11:41:39 I said, I'll give you to the 30th.

11:41:41 You can stay till the 30th.

11:41:43 And they said, no, I think we can be out by the 15th.

11:41:46 I said, that's fine.

11:41:48 So that was to alleviate all this -- I consider wasted time

11:41:54 except for the eloquent speeches that I heard on the first

11:41:57 amendment, that if I came down here and announced that they

11:42:05 would be out by the 15th, you wouldn't have to waste all

11:42:08 this time and resources and money.

11:42:12 So, you know, I think it good enough.

11:42:19 And I'll put that park back in the condition it was in, or

11:42:23 better.

11:42:26 And I don't know what I can do.

11:42:28 I didn't even know all the stuff that's going on down there

11:42:32 now.

11:42:32 But anything that I can do to help, just ask me.

11:42:37 I'll be glad to.

11:42:38 Thank you very much.

11:42:41 >>CHARLIE MIRANDA: Thank you very much, sir.

11:42:42 Mr. Cohen.

11:42:42 >>HARRY COHEN: Well, thank you.

11:42:44 >>FRANK REDDICK: Is someone from sanitation here?

11:42:54 Some comments were made about one of your businesses that I




11:42:57 think you need to respond to it.

11:42:58 >> Jordan, Main Street, 2132 Main Street.

11:43:15 I run a business there.

11:43:18 And I'm just responding to the crowd.

11:43:22 The crowd came there within the last two months, some of

11:43:28 them.

11:43:28 I don't know where they come from. My business do not draw

11:43:31 them there.

11:43:31 When the crowd comes, my business goes on inside.

11:43:36 When the police come and disburse those people, my business

11:43:39 still goes on on the inside.

11:43:44 The crowd is not affecting my he business nor is it helping

11:43:48 my business.

11:43:48 In fact I'm losing revenue because customers that would be

11:43:51 inside is hacking on the outside.

11:43:54 If we have the City of Tampa there, because they aren't

11:43:57 breaking the law, drinking and everything.

11:44:01 So if the City of Tampa would not allow that to happen, I

11:44:05 would get more revenue inside.

11:44:08 But the point of it is, I run a legit business there.

11:44:13 And everything that is going on there on the outside, I'm

11:44:17 inside, I cannot control that outside.

11:44:21 And you are right.

11:44:23 Every summer, this takes place.

11:44:26 Only on Friday nights.




11:44:32 It happened for the past two summers.

11:44:34 At one point once they stopped them, it cleared the way.

11:44:36 When school opened, it cleared the way.

11:44:39 I don't know whether it's the City of Tampa that can do

11:44:42 something that can keep this from occurring out there.

11:44:45 I don't even know how they come there or why they come

11:44:47 there.

11:44:47 But many of the nights, I heard the gunshots from inside and

11:44:56 it does not affect what's going on inside because I'm not

11:44:59 outside to see.

11:45:00 But I did look out the window that particular night that you

11:45:03 are referencing to.

11:45:04 And we can all work together and keeping this kind of stuff

11:45:12 from happening.

11:45:13 Of keeping the crowds down.

11:45:16 And I figured with the right police protection or police

11:45:21 vision of being there that things would not be as open as it

11:45:30 is.

11:45:33 With Occupy Tampa, we don't have that much problem with

11:45:40 them.

11:45:41 Sometime they will come and use the restroom and the

11:45:44 different places but I have no problem with that because I'm

11:45:47 a public business and I don't mind them using it because

11:45:50 they come in and they'll take care of what they have got to

11:45:52 do and they'll leave on out.




11:45:54 But I have also given them permission to use some of my

11:46:02 property at some point to help what's going on for having

11:46:06 somewhere to park, I have no problem with that.

11:46:11 But I am seeing that all the extra stuff that's going on, we

11:46:17 really do not need it on Main Street.

11:46:23 Build that community up, that particular area.

11:46:26 Thank you.

11:46:29 >>YVONNE CAPIN: May I ask you a question, please?

11:46:31 What is the name of your business?

11:46:32 >> Vandebar.

11:46:40 >> And thank you for talking about the issue on the street.

11:46:42 And the key here is what happens inside you have no control

11:46:45 over what happens outside.

11:46:47 That's where all this comes in.

11:46:49 And you are absolutely right.

11:46:51 And that's what the workshop -- I don't know if Mr. Redner

11:46:54 remembers last year around October, I visited the homeowners

11:47:00 association West Tampa, and Macfarlane Park, and they said,

11:47:06 please, please help us, after the establishments close, that

11:47:13 the people go out, and they were in this park, in freedom

11:47:18 park, and the music and the noise was very, very loud, and

11:47:22 so I found out that it was a privately owned public park,

11:47:28 and I asked parks, the department at the time, Karen Palus,

11:47:35 and i.e. mails, asking her if we could Post hours.

11:47:41 >>CHARLIE MIRANDA: Continue, please.




11:47:44 >>YVONNE CAPIN: Thank you.

11:47:45 And we worked on that, on posting hours.

11:47:47 By the time it got around -- Mr. Redner agreed that he would

11:47:50 Post ours on that park.

11:47:51 And that might be something that we can work on together in

11:47:57 that workshop to help you and your businesses along Main

11:48:02 Street with this issue of the crowds that are outside, and

11:48:09 the crowds that gather after the establishment closes at

11:48:13 3 a.m., which does happen.

11:48:16 So I just want to let you know that is exactly what that

11:48:22 workshop is, October 27th, and I recommend that you,

11:48:26 sir, come to that workshop so that we can help Main Street,

11:48:31 help West Tampa, live in peace and quiet.

11:48:35 >> I would like to be invited to that workshop.

11:48:39 And also after 3:00 when the places close, the streets are

11:48:44 cleared immediately.

11:48:44 >> As of September, I was told by district one, major

11:48:50 Kwikowski, that they have put in a program and they have --

11:48:56 I think it's September or October of last year which would

11:48:59 have been at the same time I was talking with Mr. Redner,

11:49:02 the Parks Department and law enforcement, and they started

11:49:04 to vacate the streets.

11:49:07 So they told me yes.

11:49:08 >> Yes, they are doing a good job.

11:49:11 >>YVONNE CAPIN: Thank you.




11:49:12 That's what I needed to know.

11:49:14 >>CHARLIE MIRANDA: Mr. Cohen.

11:49:14 >>HARRY COHEN: I have listened to this whole discussion

11:49:21 today, and I guess my biggest concern is that the period

11:49:29 between now and our next council meeting, not just to

11:49:34 overdramatize this, is going to be totally different than a

11:49:37 normal scope of activity that takes place in the city at any

11:49:43 given time.

11:49:44 And, you know, as I have prepared different neighborhoods in

11:49:48 my district for what they can expect to encounter during the

11:49:53 convention, I have talked to them about traffic and

11:49:55 disruption and delays, and things that I think are a

11:50:00 reasonable accommodation for people to make when this size

11:50:03 of an event is taking place.

11:50:05 But the type of activity that is likely to occur at this

11:50:08 park during the convention has to, by any definition, be

11:50:13 considered more intense than what any neighborhood would

11:50:19 expect at any given time.

11:50:21 And what my concern is that I understand what Mr. Redner

11:50:24 said about extending the date from the 30th to the

11:50:32 15th.

11:50:33 That's certainly his prerogative.

11:50:34 But the reality -- I'm sorry?

11:50:39 Oh, excuse me.

11:50:41 But the reality, because the people in the park will not be




11:50:43 leaving until September 15th, this park is absolutely --

11:50:51 you heard what Councilwoman Mulhern said -- it's clearly

11:50:55 going to be a place where protestors are going to be drawn

11:50:58 during the convention.

11:50:59 So my question is, if we find ourselves in a situation with

11:51:04 three to five thousand people to descend on that

11:51:09 neighborhood, what is the city's plan for dealing with it?

11:51:11 Is it that the neighborhood reasonably should expect that

11:51:15 they can expect from the police department in terms of

11:51:18 dealing with it, and if there are damages, who is

11:51:21 responsible for paying them?

11:51:24 It's not unreasonable for us to ask that question, because

11:51:31 we certainly can't control where the different protestors

11:51:34 that are here in the city go.

11:51:36 They are going to have freedom of movement throughout the

11:51:39 entire City of Tampa.

11:51:40 But we can certainly anticipate what a neighborhood may or

11:51:46 may not expect.

11:51:47 And I think reasonably we should be asking the question now,

11:51:52 what is the police department's plan to deal with it?

11:51:56 And beyond that is the level of responsibility that the

11:52:01 property owner has should this situation escalate into

11:52:05 something that's unmanageable?

11:52:08 Is there anyone that can answer who is responsible for that,

11:52:15 if that were to occur?




11:52:20 >>CHARLIE MIRANDA: I don't see any takers.

11:52:24 >>JIM SHIMBERG: City attorney.

11:52:25 And I can state generally that the city is doing as much as

11:52:29 they can to be prepared for circumstances that may occur

11:52:33 during the RNC, both within and outside the event zone.

11:52:37 I don't think TPD is willing to really release any of their

11:52:42 specific plans for dealing with any certain situations that

11:52:44 may or may not occur and we are not here to speculate, but

11:52:47 rest assured the city is preparing for Al all alternatives

11:52:51 and I don't wanted to expect on what might happen and what

11:52:54 we might do.

11:52:55 My understanding is the city knows that -- has seen some of

11:52:59 the same things and we heard today there could be a large

11:53:02 event at that location, and they are aware of that and --

11:53:06 >>HARRY COHEN: This destruction of property something that

11:53:09 the city can go back and recover damages from people after

11:53:12 this type of an event?

11:53:16 >>JIM SHIMBERG: I mean, I guess it depends, what the

11:53:19 destruction is and other things.

11:53:21 But the city will look into all alternatives.

11:53:24 Again, I would prefer not to speculate as to what might

11:53:27 happen and what our responsibility to that might be.

11:53:30 Clearly, all legal avenues will be available to the city,

11:53:34 and we would look at he have situation separately and decide

11:53:37 whether we have any kind of legal grounds.




11:53:41 But I am just not sure how we can speculate as to what might

11:53:46 happen and how we might address that.

11:53:48 I'm happy to talk to you offline, you know, of some

11:53:52 hypotheticals but I would rather not be on the record.

11:53:54 >>LISA MONTELIONE: Mr. Shimberg, do you recall, was this

11:54:02 neighborhood, Main Street in particular, included in the

11:54:06 first iteration of our event zone map?

11:54:10 Did it go as far as --

11:54:13 >>JIM SHIMBERG: No, I don't think it did.

11:54:15 I don't believe it did.

11:54:16 But again, we have -- and I know your comment earlier about

11:54:20 not making arrangements for some of this stuff.

11:54:22 But I think the city tried to, in developing the plans for

11:54:26 the event zone and the parade route and viewing area and use

11:54:30 of the park, we tried --

11:54:32 >> I know when you said you took a personal interest.

11:54:34 I can see you hide your emotions very well.

11:54:38 But what we are going to provide now, when we talk about the

11:54:50 water and the restrooms and that kind of thing, I think a

11:54:52 lot of this came about because members of the council beat

11:54:55 you over the head about it.

11:54:56 We talked about it privately, we talked about it in

11:54:58 meetings, but there wasn't any formal announcement that we

11:55:01 were going to do this until very late in the game.

11:55:03 It wasn't one of the things we first came out with from the




11:55:06 get-go when the event zone was introduced or the meetings

11:55:13 that were held at the ACLU at Stetson.

11:55:18 That wasn't something that was immediately offered by our

11:55:21 city administration to accommodate the protestors.

11:55:26 It was something that came into -- contemplated, but it

11:55:30 wasn't --

11:55:31 >> Some of the plans did not get finalized and announced

11:55:34 until recently.

11:55:35 But those suggestions took place, and you are absolutely

11:55:37 right.

11:55:38 The meetings at ACLU, before I joined the city, they had

11:55:45 early meetings with the ACLU.

11:55:46 But that has been discussed, and Chief Forward and his group

11:55:50 are working on that.

11:55:51 They were coordinating with the Salvation Army.

11:55:53 A lot of other groups.

11:55:54 And those plans have been in the works for a long time.

11:55:59 And again I don't have any problem necessarily going back

11:56:02 and talking to some of those folks about whether there is

11:56:05 any possibility of providing some of that same type of

11:56:09 assistance in areas that we know there might be large

11:56:11 crowds.

11:56:12 This is instructive in that effect.

11:56:15 >> So providing water or, as Ms. Mulhern had suggested,

11:56:20 additional Port-o-Lets, in that park, in that area, it might




11:56:23 be helpful if we are expecting that large of a crowd, we

11:56:27 need to accommodate the folks who will be coming there, so

11:56:32 that we aren't then looking at the paramedics having to

11:56:38 respond to calls there, and I think it would be a proactive

11:56:42 measure to provide in advance what they might need rather

11:56:45 than spending dollars from the police department or from our

11:56:49 fire department, fire rescue, to go out there afterwards,

11:56:52 because it is going to be very warm, and if there's going to

11:56:55 be that many people, we need to be prepared for that.

11:56:58 And that being said, I want to highlight two things, one

11:57:02 that Councilwoman Capin mentioned and one that Mr. Jordan

11:57:07 brought up from Vandebar, that he doesn't mind the occupy

11:57:18 people, and what Ms. Capin was talking about is not the

11:57:21 occupy movement.

11:57:23 We are talking about regular occurrences from people who are

11:57:26 party goers in the area.

11:57:28 So I just wanted to highlight.

11:57:29 Because I found those statements were very interesting, that

11:57:34 these incidents and the problems in West Tampa may not

11:57:36 necessarily be all attributable to the occupy movement.

11:57:42 >>JIM SHIMBERG: One thing I need to mention, normally when a

11:57:44 group is planning a very large event and working with the

11:57:47 city -- and I know it's a little different if you do it on

11:57:50 private property as opposed to on city property -- but

11:57:52 normally the group that's bringing the very large event in




11:57:56 would be responsible for things like the Port-o-Lets and

11:57:58 water and things like that.

11:58:00 So I'm not sure --

11:58:02 >> This is highly unusual.

11:58:06 >>JIM SHIMBERG: I don't know if we have the resources to do

11:58:07 that but I will talk to Chief Forward to see if there is any

11:58:10 possibility, in fact a very large group does end up

11:58:14 gathering there, we would be able to do more than just

11:58:16 monitor it for activity.

11:58:24 >>YVONNE CAPIN: (off microphone)

11:58:27 What he said about the crowd I experienced first hand what

11:58:31 our law enforcement is doing now, and they very efficient as

11:58:37 dissipating crowds and handling crowds of thousands, and I

11:58:41 have every confidence that our law enforcement, they are

11:58:45 doing it as we speak, every weekend at this very same

11:58:49 location.

11:58:50 So I have every confidence that whatever crowd gathers

11:58:54 there, our law enforcement has a plan and is ready and can

11:58:58 vacate it within very few minutes.

11:59:02 And I just wanted to bring that up, because that question

11:59:04 was asked, what plan -- they already have a plan.

11:59:09 It's already being implemented.

11:59:10 I experienced it.

11:59:11 Thank you.

11:59:13 >>CHARLIE MIRANDA: Thank you all very much.




11:59:14 Anything else from the administration on this matter?

11:59:19 This is providing a report, which I guess we received a

11:59:23 report on this, and right now the solutions are not

11:59:28 applicable, I believe, until after the 15th of

11:59:31 September, if I recall what the conversation was, two or

11:59:34 three weeks ago.

11:59:35 Thank you all for appearing.

11:59:39 We go to item number 49.

11:59:40 >>MARTIN SHELBY: Item 49 you have a memorandum requesting a

11:59:55 06-day continuance.

12:00:00 >>CHARLIE MIRANDA: I need a motion.

12:00:01 I have a motion by Mr. Cohen.

12:00:03 I have a second by Mr. Reddick for 60 days.

12:00:05 >>HARRY COHEN: Move to continue till October 25th at 10

12:00:08 a.m.

12:00:10 >>CHARLIE MIRANDA: October 25th at 10 a.m., motion by

12:00:12 Mr. Cohen, second by Mr. Reddick on a close vote with Ms.

12:00:16 Mulhern.

12:00:16 All in favor of the motion?

12:00:18 Opposed nay?

12:00:18 The ayes have it unanimously.

12:00:20 We go now to the planning and development and the legal

12:00:26 department to appear and provide a report on the site on

12:00:31 Howard Avenue.

12:00:31 >>BOB McDONAUGH: Economic development.




12:00:42 The request was to understand in response to a newspaper

12:00:49 article about some proposed changes to the proposed Bern's

12:00:52 hotel.

12:00:57 And the changes that were proposed is there isen creased

12:01:02 rooms.

12:01:02 Basically what they have done, they have taken the same

12:01:04 building and rearranged some of the uses.

12:01:09 They are proposing increase in the number of rooms from 86

12:01:12 to 145.

12:01:14 They are downsizing the square footage of the property from

12:01:17 119,000 to 105,000 square feet.

12:01:21 They are changing some of the uses internal to the building.

12:01:27 Indegrees green space from 5199 swear feet to approximately

12:01:31 10,700 square feet.

12:01:35 They are removing vehicular access on south Avenue.

12:01:40 They are removing town homes located along the southern

12:01:43 boundary to be replaced at the amenity pool area T of the

12:01:46 hotel, associated buffering and screening including a six

12:01:49 foot high fence and landscaping.

12:01:51 So what the staff did is they looked at the various changes

12:01:56 that were proposed within the building, looked at the

12:01:59 traffic generation for those proposed uses, and made a

12:02:03 determination that although they were changes, it was not a

12:02:07 significant change to the building.

12:02:08 It would not generate more activity in the neighborhood, and




12:02:11 actually what it was doing was taking traffic off of one of

12:02:14 the side streets.

12:02:17 >>CHARLIE MIRANDA: You are looking at a reduction of about

12:02:19 14,000 square that you are looking at an increase in green

12:02:25 space.

12:02:26 Am I correct?

12:02:26 >> Yes, sir.

12:02:27 >> Increase in rooms from 86 to 145.

12:02:29 Within the same context of that, reducing square footage

12:02:34 minus 14,000?

12:02:35 >> Yes, sir.

12:02:36 And one of the other things I didn't mention, they are

12:02:39 putting that pool on the side of the hotel.

12:02:42 Originally it was going to be on a deck, and probably there

12:02:47 would be more ambient noise escaping from that pool deck,

12:02:52 now being dropped down to the ground level.

12:02:54 It will probably change the amount of noise that escapes

12:02:57 from the property.

12:02:57 >> Any comment by council members?

12:02:59 Ms. Mulhern?

12:03:00 >>MARY MULHERN: (off microphone) I think we sent you a copy

12:03:19 of Bayshore Gardens --

12:03:22 >> I did not get one, no.

12:03:24 >> We are going to go through some of the questions we have.

12:03:28 First of all, was this a PD?




12:03:31 >>BOB McDONAUGH: Yes, it was.

12:03:32 >>MARY MULHERN: This was a PD.

12:03:33 So it was site plan controlled.

12:03:36 >>BOB McDONAUGH: Correct.

12:03:38 >>MARY MULHERN: So this is what gave rise to a lot of our

12:03:42 questions.

12:03:42 Because the neighborhood, that neighborhood was working

12:03:49 with, the last project on all of this, they spent many, many

12:03:53 hours with Mr. Laxer, with the architect-developer, and here

12:03:57 at City Council.

12:03:59 >>BOB McDONAUGH: I reviewed the City Council tapes and I

12:04:01 know that one night I think it went open till 1:30 in the

12:04:04 morning, yes.

12:04:05 >>MARY MULHERN: So there were a lot of very specific things

12:04:07 that were addressed.

12:04:09 So it sounds like you addressed one of the things they were

12:04:11 worried about, so there's going to be --

12:04:16 >> No access on south view, yes, ma'am.

12:04:21 >> What really strikes me, though, is that the hotel size is

12:04:29 going to be smaller.

12:04:31 Is that right?

12:04:32 >>BOB McDONAUGH: That's correct.

12:04:33 >>MARY MULHERN: But you are almost doubling the number of

12:04:35 rooms.

12:04:36 >> They are increasing the number of rooms by approximately




12:04:39 60, right.

12:04:40 >>MARY MULHERN: So 60 rooms in a hotel that is going to be

12:04:47 not really adjacent to downtown, and we don't really have --

12:04:53 there are going to be 60 probably additional cars.

12:04:57 So how is the parking going to be addressed?

12:05:00 >> I'm not sure if I would make the assumption there will be

12:05:03 60 additional cars.

12:05:05 They have sufficient parking for the code.

12:05:08 >> Okay.

12:05:09 30.

12:05:12 Did they add 30 parking spaces?

12:05:14 >> They have sufficient parking to meet the needs of the new

12:05:16 site plan.

12:05:17 It's included in the site plan, yes, ma'am.

12:05:20 >> I think really my questions are not for you.

12:05:25 My questions are for land development or for legal.

12:05:27 >>BOB McDONAUGH: Okay.

12:05:29 >>MARY MULHERN: I want to understand how changes of this

12:05:32 magnitude in a development this big and a PD were deemed to

12:05:39 be not significant.

12:05:42 That's my question for them.

12:05:43 How did we decide that this was not significant?

12:05:56 >>GLORIA MOREDA: Land development.

12:05:57 The code is very specific on what is substantial change to

12:06:00 an approved PD plan.




12:06:03 There's approximately 13 different criteria that staff

12:06:07 evaluates.

12:06:07 We didn't this plan to the development review committee for

12:06:10 their evaluation and determination as to whether the code

12:06:14 requirements are being met.

12:06:17 That is what occurred with the review of this plan.

12:06:21 Ms. Feeley conducted that review and determined that it was

12:06:23 not a substantial change.

12:06:24 >>MARY MULHERN: So what about the parking specifically?

12:06:29 >>GLORIA MOREDA: The parking meets code.

12:06:30 >>MARY MULHERN: Well, give me --

12:06:35 >> Modifications, the parking numbers are allowed.

12:06:40 The transportation division is allowed to review it to

12:06:43 determine whether there is still compliance related to the

12:06:49 number of spaces.

12:06:50 This project meets the required number of parking spaces.

12:06:52 >> Okay.

12:06:57 In addition to the additional 06 rooms -- is that what he

12:07:00 said? -- I understand that when it was approved, there was

12:07:03 going to be only parking provided.

12:07:07 The parking was for the hotels for Bern's, restaurant, and

12:07:13 for the one restaurant that they anticipated putting in

12:07:17 here.

12:07:18 Now we have a number of new restaurants, according to the

12:07:24 paper.




12:07:27 What about that?

12:07:29 >>GLORIA MOREDA: We did not evaluate according to the

12:07:31 article in the paper.

12:07:32 What we did was we evaluated for site plan that was

12:07:35 presented to us.

12:07:37 There was an indication on the site plan that shows the

12:07:41 proposed restaurant for this use was going to be accessory

12:07:45 to the hotel.

12:07:46 The code provides for accessory uses but are not required to

12:07:51 provide additional parking spaces.

12:07:53 While the parking numbers changed on the site plan, the

12:07:57 proposed mixed uses on this development complies with the

12:08:01 required parking numbers.

12:08:02 >>MARY MULHERN: Two new restaurants, a wine shop, a bakery,

12:08:10 a culinary kitchen.

12:08:12 I think that's for catering, although that's probably part

12:08:16 of the hotel so I wouldn't make you address that.

12:08:18 Spa that's open to the public.

12:08:20 That's an additional business.

12:08:22 The rooftop bar, I kind of missed what Thom said about that.

12:08:26 >> I don't believe there was actually --

12:08:30 >>CHARLIE MIRANDA: If I need council members to give me 30

12:08:32 minutes and if I don't finish in 30 minutes we'll break for

12:08:35 lunch and I --

12:08:38 >>HARRY COHEN: Motion to extend 30 minutes.




12:08:40 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr. Suarez

12:08:43 for 30 additional minutes.

12:08:44 All in favor?

12:08:45 Opposed?

12:08:46 The ayes have it unanimously.

12:08:49 >>CATHERINE COYLE: Planning division.

12:08:51 Although I am not land development anymore, I actually spent

12:08:54 that 12 months of my life doing this rezoning in 2004.

12:08:58 >>CHARLIE MIRANDA: Maybe you will live longer now.

12:08:59 >> The original rezoning in 2004 had a 3,000-foot restaurant

12:09:07 and bar and a kitchen, 6500 square feet.

12:09:12 It was a stand-alone restaurant in the original rezoning.

12:09:15 As Ms. Moreda indicated the restaurant in this particular

12:09:17 case was presented as accessory to the hotel, and it was

12:09:21 actually reviewed for 3920 square feet, with the tasting

12:09:25 kitchen as it was reference PD which I think you called it a

12:09:28 culinary kitchen which was himself accessory to the hotel.

12:09:31 The spa that was approved in the original rezoning was 8,000

12:09:35 square feet.

12:09:35 It's 2,000 square feet in the in the new proposal so it's

12:09:39 also diminished by 6,000 square feet.

12:09:41 So although the hotel rooms went up in number, everything

12:09:45 else pretty much was drastically diminished.

12:09:48 The other thing that wasn't mentioned by Mr. McDonaugh or

12:09:52 Ms. Moreda is there were originally ten townhouses,




12:09:56 permanent residential uses.

12:09:58 Those have also been removed.

12:10:00 So there's a significant number of uses and square footages

12:10:03 that have been reduced.

12:10:04 >>MARY MULHERN: What about the -- although the -- there was

12:10:12 a restaurant approved.

12:10:13 Now there are two new restaurants, a wine shop and a bakery.

12:10:19 >> The restaurant shown is 3920 square feet, I believe, and

12:10:27 was shown as accessory.

12:10:29 There was only one mentioned.

12:10:31 Then there was a retail bakery and a wine shop.

12:10:34 The original rezoning also had retail goods, wine shop,

12:10:38 baked goods, and a 6500 square foot restaurant.

12:10:41 So they were listed almost the same except the square

12:10:45 footage is less than the new plan.

12:10:47 >> Where are the two new restaurants coming from then?

12:10:51 >> Are you reading that from the article?

12:10:52 >> No.

12:10:53 I'm reading it from Vicky's questions that she had with your

12:10:59 department, I think: That's because we.

12:11:04 Seen the site plan, which is why it's hard to understand how

12:11:09 significant or insignificant these are, because we never saw

12:11:14 it, the neighborhood never saw it.

12:11:15 >> Brian Chatler, represents the owners of the Epicurean

12:11:21 development.




12:11:21 I can totally help clarify some of the questions.

12:11:23 I think the paper is a little bit incorrect.

12:11:26 There's only one restaurant.

12:11:28 There was an original restaurant.

12:11:29 The restaurant that's now there is primarily there to serve

12:11:32 as the hotel, an accessory use.

12:11:35 It's cut down by about half in square footage.

12:11:40 The bakery as a component is more of an amenity to the

12:11:45 hotel.

12:11:45 The commercial square footage has actually gone down.

12:11:48 The room count has gone up, but to clarify a little bit how

12:11:51 you get a smaller hotel with more rooms, the rooms

12:11:54 originally were in excess of 500 square feet, and

12:11:58 conventional hotel will have something close to 300, 350

12:12:01 square feet.

12:12:02 And that's where we are.

12:12:03 >>MARY MULHERN: Since you are speaking, and I wasn't

12:12:07 expecting you to have to do that, my questions are really

12:12:11 for our staff, but I appreciate it.

12:12:14 If you are doubling the number -- or adding 60 hotel rooms,

12:12:21 how many cars would that be?

12:12:24 >> I don't want to go into the details.

12:12:25 I think it's part of the submission, as Ms. Coyle mentioned.

12:12:31 There's a parking count that goes with all the commercial

12:12:34 space.




12:12:34 Hotel rooms require a certain amount of parking, but

12:12:37 actually on the square footage you look at a busy restaurant

12:12:42 if you look at some of the more commercially intensive

12:12:44 spaces they derive more trips, or more parking requirements.

12:12:48 In our case, we actually -- I want to go back to the

12:12:52 numbers, I think we actually decrease a little bit in our

12:12:55 required parking because the hotel rooms, even though we

12:12:57 increased the number, the amount of commercially intensive

12:13:00 space was diminished.

12:13:03 So if you have a busy restaurant, several feet per person,

12:13:07 you have one car per three people, do the math and find out

12:13:10 that when you have 350 square foot hotel rooms, that may

12:13:16 have two people in it, same amount of space in a restaurant,

12:13:19 you have a lot more people.

12:13:19 >>MARY MULHERN: Thank you.

12:13:27 I have some other questions.

12:13:33 One of the other I think very significant changes was the

12:13:38 fact that the townhouse homes were very important to the

12:13:44 approval original PD because they were going to be the

12:13:47 buffer between the neighborhood, those residential homes,

12:13:53 and the hotel and garage.

12:13:59 And now those will no longer be there.

12:14:03 And so instead of having what would have been residential

12:14:05 adjacent to them, they are facing commercial.

12:14:09 Their concerns were about the pool and the rooftop bar which




12:14:14 also weren't part of the original PD, seems like significant

12:14:19 changes.

12:14:20 >> Well, the pool on the ground is going to have a south

12:14:28 view, high fence, as well as landscaping for any kind of

12:14:33 screening.

12:14:33 There's not going to be any activity or egress on south with

12:14:39 this proposed change.

12:14:42 Staff did not feel this was substantial modification to the

12:14:44 PD.

12:14:45 As relates to the rooftop, I don't believe that the site

12:14:49 plan actually indicated any type of rooftop bar.

12:14:59 Activities on, you know, the restaurant, upper levels can't

12:15:04 occur, but that is not indicated on the site plan.

12:15:07 >>MARY MULHERN: But we wouldn't know because we haven't

12:15:10 seen the site plan and never will, apparently.

12:15:13 Neither will the neighbors.

12:15:15 What section of the code gives the staff the criteria to

12:15:22 determine whether -- if changes are substantial or not?

12:15:28 >>GLORIA MOREDA: Section 27-323, number 7.

12:15:41 >> I guess we will be looking at those.

12:15:43 I don't know, at this point, have we had a groundbreaking

12:15:49 already?

12:15:55 I mean, it's really great news for our neighborhood.

12:15:59 I live very close to there.

12:16:00 We have been waiting -- we are tired of looking at a parking




12:16:03 garage, and it's great we are going to have a hotel, and all

12:16:11 wonderful.

12:16:12 But to me, these seem like very, very significant changes,

12:16:18 and the neighborhood involved was not allowed to have

12:16:24 anything to do with this.

12:16:26 So I think these are significant changes.

12:16:29 I didn't know why it didn't -- I don't understand why it

12:16:32 didn't come to us.

12:16:33 I don't know where we are at this point.

12:16:35 >> It's all been approved. The review for substantial

12:16:42 change has been completed, reviewed by staff.

12:16:44 >> So where are we?

12:16:47 >> They are now going to be pursuing their permits.

12:16:50 This property is also being reviewed by the ARC staff to

12:16:54 make sure that the review of the buildings comply with the

12:16:58 requirements of the PD.

12:17:01 But they are in that review process right now.

12:17:03 >> And this is in the SoHo overlay district, too, isn't it?

12:17:12 >> Yes, it is.

12:17:13 They are complying with the design standards as approved on

12:17:15 the PD plan.

12:17:16 >>MARY MULHERN: Okay.

12:17:17 Well, at the very least, the developer, architect and staff,

12:17:27 or ARC, somebody needs to meet with the neighborhood

12:17:30 association and go over this stuff with them.




12:17:35 >>GLORIA MOREDA: I myself have met with Ms. Pollyea, before

12:17:38 the approval was issued.

12:17:44 >>CHARLIE MIRANDA: Okay, any further comments by council?

12:17:46 Mr. Cohen?

12:17:47 >>HARRY COHEN: Just briefly.

12:17:49 It seems to me that the issues that were brought up here are

12:17:52 less probably about the individual project than they are

12:17:55 perhaps about our code itself, and what we actually -- we

12:17:59 are the ones that decide what the staff will look at as the

12:18:03 criteria when they make these types of decisions.

12:18:06 And I think that I sympathize with Ms. Mulhern in the sense

12:18:11 that when we spend as a council a lot of time scrutinizing a

12:18:15 PD, it's very, very hard for someone that reviews it a year

12:18:20 later or two years later for changes to know what was in our

12:18:23 head as we were looking at the way the different components

12:18:27 balanced themselves out.

12:18:28 So I think -- don't think it would be inappropriate at all

12:18:33 for us to look at some of this and determine whether or not

12:18:35 we want to place more stringent controls on what the staff

12:18:39 can approve in terms of changes to a PD before they bring it

12:18:43 back to us.

12:18:46 >>CHARLIE MIRANDA: Mr. Cohen, if I may interject, I think

12:18:48 the time to do that would be in a November workshop where we

12:18:51 are talking about land zonings and so forth and so on, and

12:18:54 that would be addressed, if you would write up that, I'm




12:18:57 sure we can discuss it then.

12:19:01 Council on this side first.

12:19:02 Back to Ms. Mulhern.

12:19:04 >>MARY MULHERN: I'm looking at the criteria now.

12:19:09 (off microphone) and a proposed increase no greater than 5%

12:19:18 in the total of dwelling units.

12:19:21 I don't know.

12:19:25 Do you not call hotel rooms dwelling units?

12:19:29 >>GLORIA MOREDA: They are not dwelling units and they are

12:19:30 decreasing the residential.

12:19:34 >>MARY MULHERN: Okay.

12:19:43 So you have number of 5%.

12:19:45 There's an increase in the land area proposed for

12:19:48 nonresidential development.

12:19:51 So even though you are reducing all of the getting rid of

12:19:56 the residential, you are not increasing by 5% the

12:20:01 nonresidential?

12:20:05 >>GLORIA MOREDA: The square footage of the nonresidential

12:20:09 structure was not being increased.

12:20:10 >>MARY MULHERN: It doesn't seem on the face of it to make

12:20:25 sense.

12:20:25 You are reducing -- you are totally getting rid of the

12:20:29 condos.

12:20:30 >> The original number for the nonresidential components was

12:20:45 105,000 square feet in the original 2004 --




12:20:48 >> Okay.

12:20:49 All right.

12:20:49 >> And the new approved plan, the total square footage for

12:20:54 nonresidential is 104,811.

12:20:58 It went down by 189,000 -- 189 square feet.

12:21:02 >>MARY MULHERN: All right.

12:21:05 Thank you, council, for letting me go into all of this

12:21:08 detail.

12:21:12 We'll deal with the code later.

12:21:13 But I just hope with Bern's with the hotel that the

12:21:22 developer will meet with the neighborhood and make sure that

12:21:24 what they are building fits in with our lovely neighborhood

12:21:28 where we are happy to have a hotel.

12:21:33 >>CHARLIE MIRANDA: We appreciate it very much, Mrs. Mulhern.

12:21:35 Thank you for your concerns.

12:21:36 We go now to a report received and we'll address these

12:21:38 things in November.

12:21:39 We go now to item number 54.

12:21:41 >>MARY MULHERN: We need to open that public hearing.

12:21:44 Motion by Mrs. Montelione, second by Mr. Cohen to open

12:21:48 number 54.

12:21:49 The ayes have it unanimously.

12:21:50 Yes, sir.

12:21:50 >>BOB McDONAUGH: Economic development.

12:21:55 The facts of this case have changed very little from the




12:21:57 last time we met.

12:21:58 The one exception is council should have received a letter

12:22:01 last night from the Tampa Heights homeowners association

12:22:08 supporting the action to dissolve the development agreement.

12:22:11 I have spent considerable time with the developer, and he is

12:22:16 still going to try to assemble all of the land, and I have

12:22:19 encouraged him to do so and have told him that if he does

12:22:22 have all of the land that the city will be more than happy

12:22:24 to work with them on the development.

12:22:26 But at the current time, the encumbrances that exist in the

12:22:31 development agreement are standing in the way of some of the

12:22:34 progress that the city would have.

12:22:35 And I think that is why the homeowners association in that

12:22:40 neighborhood said, yes, please dissolve it.

12:22:42 We are very encouraged by the fact that we are extending the

12:22:45 Riverwalks.

12:22:46 We are encouraged by the fact the city is spending money on

12:22:50 parks.

12:22:51 We are encouraged by the fact that Mr. Gonzmart wants to

12:22:53 spend $2 million in our neighborhood and bring a restaurant

12:22:55 to it.

12:22:56 So I am asking for council's support on the dissolution of

12:23:00 the development agreement.

12:23:01 And I believe Mr. Territo has written an ordinance for such.

12:23:11 A resolution, excuse me.




12:23:13 >>CHARLIE MIRANDA: This is a public hearing.

12:23:14 Anyone in the audience care to speak?

12:23:16 This is a non quasi-judicial.

12:23:18 >> Richard Harrison, south Rome Avenue.

12:23:24 Mr. Chairman, good to see you again.

12:23:26 Members of the council.

12:23:26 I'm here today speaking on behalf of Stetson university and

12:23:30 Stetson university college of law.

12:23:31 As you well know, Stetson made a commitment to the city

12:23:34 about ten years ago, invested heavily in this neighborhood,

12:23:38 and brought to the community a beautiful state-of-the-art

12:23:41 facility, a landmark structure for this part of town, that

12:23:45 houses a law school and also now houses the Second District

12:23:48 Court of Appeal.

12:23:49 Our commitment to this neighborhood is that the City of

12:23:51 Tampa is for the long-term.

12:23:54 We are going to be here.

12:23:56 And so we have an interest in anything that enhances and

12:24:00 improves this neighborhood, and in particular Waterworks

12:24:03 Park, which is immediately outside the back door of the

12:24:06 Tampa campus.

12:24:08 Now, we are here to support staff in the request, in the

12:24:11 proposed resolution, and terminate the existing outdated

12:24:17 development agreement that is doing nothing at this point

12:24:19 except preventing help, preventing people from moving




12:24:24 forward, and killing people that are prepared to do great

12:24:28 things for the city.

12:24:29 Urge you to terminate the development agreement and allow

12:24:31 those people who are prepared today to go forward, invest

12:24:35 money, and improve this community to do so.

12:24:39 >>CHARLIE MIRANDA: Thank you very much.

12:24:40 Next, please.

12:24:40 >> Bill Rain, co-developer of the water works building with

12:24:46 Richard Gonzmart, and we basically are echoing the same as

12:24:49 our former speaker.

12:24:51 We would like to see the development agreement dissolved so

12:24:54 we can move forward with our project.

12:24:57 >>CHARLIE MIRANDA: Thank you very much.

12:24:57 Next, please.

12:24:58 >> Good afternoon.

12:25:05 2007 north Highland, property owner, in a community again.

12:25:10 I'm here to reiterate that we support your decision to

12:25:16 revoke and terminate the agreement and to encourage you if

12:25:20 any way possible the city can step in and mow the lawn in

12:25:24 that area before the RNC come in.

12:25:26 >> I need your name.

12:25:27 >> Represent Willard Brown.

12:25:30 I'm Carmen Brown Johnson.

12:25:33 >>CHARLIE MIRANDA: Thank you very much.

12:25:35 Anyone else in the audience on this item?




12:25:37 Item number 54?

12:25:45 We need a resolution or how does this work?

12:25:49 >>SAL TERRITO: The clerk does have a copy of the

12:25:51 resolution.

12:25:51 You just need to pass fountain that is your desire.

12:25:55 >>CHARLIE MIRANDA: I need a motion to close the public

12:25:57 hearing.

12:25:57 >> Move to close.

12:25:59 >> Second.

12:26:01 >>CHARLIE MIRANDA: Ms. Mulhern?

12:26:02 >>MARY MULHERN: I might have some questions before we

12:26:05 close.

12:26:06 >>CHARLIE MIRANDA: I'm not closing.

12:26:07 Tough floor.

12:26:07 >>MARY MULHERN: Thank you.

12:26:12 My question, I guess, I don't know, Sal or Bob, I don't

12:26:17 know, however feels like they can answer this, the one thing

12:26:22 that occurs to me, I think this water works project looks

12:26:27 like a great project, and I'm excited about it.

12:26:32 But when I look at the map, one of the things that strikes

12:26:42 me is we are going to dissolve this development agreement,

12:26:44 but that development agreement came, I don't know, if in

12:26:55 tandem or before lots of major, major zoning changes and

12:27:00 use, you know, codes that we passed a lot of ordinances

12:27:05 regulating this area.




12:27:06 So what does it mean as far as those, for instance --

12:27:11 >> The zoning stays --

12:27:14 >>MARY MULHERN: The entire area is zoned for, I'll call

12:27:18 it -- not the entire area but areas of it, correct?

12:27:24 >>BOB McDONAUGH: Yes.

12:27:26 It's expired.

12:27:28 Like the road vacatings have expired.

12:27:31 And that's part of the issue, is that so many of the steps

12:27:34 that were taken are no longer part and parcel.

12:27:38 >>MARY MULHERN: That's helpful.

12:27:39 So alcoholic beverage, vacating, what else is expired?

12:27:46 >> Those are the two main things that have expired, right.

12:27:49 >>MARY MULHERN: So any new development including the water

12:27:56 works would have to come before us?

12:28:06 >> They have to come back to come up for wet zoning, yes,

12:28:09 ma'am.

12:28:12 >>CHARLIE MIRANDA: Motion to close?

12:28:13 I had about five of them.

12:28:14 >>MIKE SUAREZ: Do we move to close first?

12:28:20 >>CHARLIE MIRANDA: Motion by Mrs. Montelione to close,

12:28:22 second by Mr. Suarez.

12:28:23 All in favor of the motion?

12:28:24 Opposed?

12:28:25 The ayes have it unanimously.

12:28:26 You got that resolution?




12:28:28 >>LISA MONTELIONE: I'll move the ordinance as provided by

12:28:33 Mr. Territo.

12:28:36 >>CHARLIE MIRANDA: Item 54.

12:28:37 >>MARY MULHERN: You have to read it.

12:28:43 No?

12:28:44 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.

12:28:46 Cohen on that resolution to revoke it and terminate it.

12:28:49 All in favor?

12:28:53 Motion passes unanimously.

12:28:54 Thank you all very much.

12:28:55 We still have ten minutes.

12:28:58 I would like to finish if I can but I want to give these

12:29:00 individuals the proper time and courtesy that they so

12:29:03 deserve for their hearing.

12:29:04 So we'll start with one and if we go past 12:33, we'll ask

12:29:08 for a continuance or delay for an hour and a half.

12:29:15 Item 55 and 56.

12:29:17 We need to open those two.

12:29:21 Emotion by Ms. Montelione, second by Mr. Suarez.

12:29:28 All in favor of the motion?

12:29:30 Motion passes unanimously.

12:29:31 55.

12:29:32 >>GLORIA MOREDA: Land development.

12:29:35 >>CHARLIE MIRANDA: We have to swear the witnesses.

12:29:36 This is a quasi-judicial.




12:29:38 55 and 56.

12:29:38 >> Anyone that thinks they are going to speak, stand up.

12:29:50 If you don't think you are going to speak, still stand up.

12:29:53 (Oath administered by Clerk).

12:29:55 >> Land development.

12:29:56 This is a petition V-12-323-32 for AP extended family

12:30:02 residence.

12:30:04 Staff conducted the review of an S-1 petition and they are

12:30:20 requesting waiver, whether it's appropriate to waive them.

12:30:24 The extended family residence is limited to 600 square foot

12:30:28 facility.

12:30:28 They are asking for the extended family residence to be 1260

12:30:36 square feet in area.

12:30:37 The code also requires that an accessory that is extended

12:30:42 family residence is going in an accessory structure, that

12:30:45 that has to be a conforming accessory structure.

12:30:49 They are asking for reduced setback.

12:30:52 The site plan code, the accessory -- reducing the accessory

12:31:00 structure, reducing the side yard setback on the side from 7

12:31:03 feet to 24, and on the south side from 20 feet to 4.8.

12:31:10 The required accessory structure setbacks are main structure

12:31:14 setbacks given the overall square footage of the proposed

12:31:17 structure.

12:31:19 They are also asking to increase the number of residents

12:31:23 within the facility.




12:31:24 Currently, the code limits it to two residents in the

12:31:29 extended family facility.

12:31:31 They are asking for two adults and two children.

12:31:36 They are asking for the facility to be separately -- the

12:31:42 petitioner is here and ask to review their proposal.

12:31:49 >>CHARLIE MIRANDA: Petitioner?

12:31:50 >> (Off microphone)

12:32:07 >>CHARLIE MIRANDA: We can't hear you.

12:32:08 I'm sorry.

12:32:08 I know I can't.

12:32:13 We can't hear you.

12:32:14 You are speaking to the public.

12:32:15 >> We have the review.

12:32:25 You can see the letter.

12:32:56 >>CHARLIE MIRANDA: Come on.

12:32:58 I only have a few minutes left.

12:33:00 >> Okay.

12:33:01 The number 2, and the number 58, and they have no problems

12:33:18 with the request that we ask council for.

12:33:22 If you have some questions --

12:33:26 >>CHARLIE MIRANDA: Any questions by council members?

12:33:30 You understand what the city brought up, what happened.

12:33:37 This is a review hearing for the petition, a review for the

12:33:41 project on decision of the zoning administrator.

12:33:44 You were turned down, I assume.




12:33:47 Am I correct?

12:33:47 >> Yes, that's correct.

12:33:54 >>CHARLIE MIRANDA: Ms. Cole?

12:33:57 >> Julie Mandell, legal department.

12:34:00 What you are approving is a waiver of the criteria staff

12:34:02 cannot approve.

12:34:03 You see they don't meet all the criteria so it's really a

12:34:07 waiver.

12:34:08 >>CHARLIE MIRANDA: Okay.

12:34:19 >> You have questions?

12:34:22 We have answers.

12:34:24 One is to police the area from 600 to 26.

12:34:32 >>CHARLIE MIRANDA: You are doubling the request from 600 to

12:34:34 1260.

12:34:35 That's about 600 more square feet.

12:34:36 >> Yes.

12:34:40 The reason because we are requesting to increase this is

12:34:44 because that you can see on the papers that I gave you.

12:34:56 He wants to -- that's the reason we are requesting the

12:35:02 increase the area.

12:35:12 Okay.

12:35:12 The second waiver is our setbacks.

12:35:21 That we are asking for reduce the south setbacks from 7 to

12:35:32 24, and the rear setback from 20 to 4.8.

12:35:42 Also, we are requesting to have temporary electricity




12:35:54 Okay.

12:36:00 I have here I want to leave on the property.

12:36:04 Only this property, and on the second property, requesting

12:36:13 to increase the area, and we did two.

12:36:26 >>CHARLIE MIRANDA: Any questions by council members?

12:36:33 >>YVONNE CAPIN: Go back to the waivers.

12:36:35 It's you are asking for a separate electric meter?

12:36:39 Separate electric meter is for an apartment to become a

12:36:41 rental unit.

12:36:46 I don't understand it.

12:36:47 This is a family living here, they need a separate

12:36:53 megahertz.

12:36:54 Could you explain why a separate meter is requested?

12:36:57 >> Originally because the prior owners want -- going to live

12:37:07 there, but he wanted his daughter to pay for their own

12:37:11 electricity.

12:37:14 It's an economic issue.

12:37:15 That's only the reason.

12:37:19 She wants to support the daughter who lives there in the

12:37:22 property but he wants her to pay for electricity.

12:37:25 That's only the reason.

12:37:28 >>YVONNE CAPIN: I understand the extended family situation

12:37:30 here.

12:37:31 And the separate meter, I have questions about, because that

12:37:40 is allowing for --




12:37:42 >> We understand that you will review this one every year,

12:37:48 that the daughter goes to --

12:37:51 >>CHARLIE MIRANDA: Mrs. Capin is 100 percent right.

12:37:53 Her concern, and I happen to agree with it, is that if it's

12:37:57 going to be about family, familia,.

12:38:04 (Speaking Spanish)

12:38:05 You understand?

12:38:09 >> Yeah, I understand.

12:38:10 >> That means you have a family, and we understand that is

12:38:16 an attitude to help the family how the but when you have two

12:38:20 meters and they move out and then you have a rental unit in

12:38:23 that residential unit.

12:38:24 >> I understand your point but --

12:38:28 >> Why have two meters?

12:38:30 >> The two meters is the reason that I explained to you.

12:38:33 It is only that we want the family but he want the daughter

12:38:38 to pay her own.

12:38:39 >> So if the electric is $100, 50 on this meter, 50 on this

12:38:44 meter and he's paying the 100, what's the difference between

12:38:46 two meet oars one meter?

12:38:49 >> They explain, that's only the reason.

12:38:56 There's no difference.

12:39:02 >>YVONNE CAPIN: The separate meter, I understand probably

12:39:04 use too much air conditioning for the father's taste could

12:39:07 very well be.




12:39:08 But, you know, your explanation is coming through.

12:39:11 What they would pay their own electric bill is what the

12:39:14 father is asking.

12:39:17 But he is not asking for any rent.

12:39:20 It is a family home.

12:39:21 Nonetheless, there's still that issue of a separate

12:39:23 megahertz.

12:39:24 And that is one that if vacated that becomes very easily a

12:39:29 rental unit or an apartment.

12:39:32 So thank you for following up.

12:39:38 >>CHARLIE MIRANDA: Ms. Mulhern?

12:39:39 >>MARY MULHERN: As a parent, I can give you some advice.

12:39:42 You are just going to have to ask the daughter to pay the

12:39:48 rent or to write you a check or --

12:39:50 >> No, they --

12:39:52 >>MARY MULHERN: Or pay the electric bill.

12:39:54 The City of Tampa can't be responsible.

12:39:56 >> No, they pay because of support.

12:40:02 >>MARY MULHERN: I understand.

12:40:04 But what I am saying is, because we can't deal with your --

12:40:08 with this property, those are really issues -- those are

12:40:13 family issues, and you will have to work them out.

12:40:15 So we can't allow the future -- if we don't want to allow in

12:40:21 the future for this property to be set up so that it can be

12:40:25 rented as an apartment, and one of the reasons that you need




12:40:30 to have a separate -- you need to be on the same meter is so

12:40:35 that doesn't happen in the future.

12:40:36 And, you know, this is no reflection on this family.

12:40:40 But maybe you are just going to have to -- you are going to

12:40:46 have to write you her own bill for the electricity every

12:40:51 month.

12:40:52 >>CHARLIE MIRANDA: Before I go any further, I need

12:40:54 another -- maybe ask council, do you want to continue to

12:40:58 1:00 to finish this agenda or do you want to break?

12:41:00 >>LISA MONTELIONE: Move to 1:00.

12:41:03 >>HARRY COHEN: Second.

12:41:04 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.

12:41:06 Cohen on a close vote with Mr. Suarez.

12:41:08 All in favor of that motion?

12:41:09 Opposed?

12:41:10 The ayes have it unanimously.

12:41:12 1:00 it is.

12:41:13 Mrs. Montelione.

12:41:14 >>LISA MONTELIONE: I just recently drove this neighborhood

12:41:20 with Jake Slater from code enforcement, and there are a lot

12:41:25 of living arrangements in this area, which may not already

12:41:32 meet code, as we have in many areas of the city.

12:41:36 I know Mr. Miranda talked about this quite a bit in the West

12:41:38 Tampa district.

12:41:42 The issue I have is the same as Ms. Capin and Ms. Mulhern




12:41:46 already mentioned, is that to allow a separate meter would

12:41:51 be convenience for you, because it usually shows how much

12:41:56 each house is using.

12:41:59 But also to allow a separate meter would make it very

12:42:03 convenient once everybody moves out so that can become a

12:42:07 rental unit.

12:42:07 And that's our issue, is that -- and I shouldn't speak for

12:42:13 the others but that's my issue, is that to allow an

12:42:20 arrangement that would very easily, by the next property

12:42:24 owner, you may not be there forever.

12:42:28 At some point, the family may move on.

12:42:31 And this situation will continue to exist with a separate

12:42:35 megahertz.

12:42:35 And the next property owner may be able to very easily call

12:42:39 that a rental unit and rent it out.

12:42:42 And that's what we don't want to happen, because I'm working

12:42:46 very hard to try to stabilize the neighborhood and I'm

12:42:48 working very hard with code enforcement and the building

12:42:51 department to try and address some of the issues that exist

12:42:55 in the neighborhood to make it better for everyone.

12:43:00 And I think that goes against what we are trying to do

12:43:05 there, because we don't want single-family neighborhoods to

12:43:10 turn into multifamily neighborhoods without going through a

12:43:14 rezoning or without having additional conditions put on the

12:43:18 property.




12:43:21 I see that what fellow council members are trying to say is

12:43:26 that you don't have the separate meter, but you can divide

12:43:32 up the bill and say, I'm going to pay half and you're going

12:43:36 to pay half, or I'm going to pay, you know, a quarter and

12:43:40 you are going pay three quarters, and do it yourself,

12:43:43 because we can't -- having a separate meter, I don't think,

12:43:47 is going to happen.

12:43:51 And that's a lot of my concern is that -- Ms. Moreda, maybe

12:43:58 I can ask you a question?

12:44:01 If we approve the request before us today, does it survive

12:44:06 with the property once the current owner sells the parcel?

12:44:11 >> No.

12:44:12 The extended family residence is inspected annually to make

12:44:15 sure that the resident, the occupants listed in their

12:44:18 petition, are the same people in there.

12:44:22 If they change, it would be voided out.

12:44:24 It's clear in the code that it's a temporary use.

12:44:30 When the occupant of the extended family residence moves,

12:44:32 the kitchen has to be removed.

12:44:34 It is -- it remains a single-family residential property.

12:44:39 The property owner just did acknowledge to me that he is

12:44:43 comfortable removing the request of the separate meter.

12:44:51 Because I think that's what a lot of our issue is, that we

12:44:55 don't want to make it convenient for this to become a rental

12:44:57 unit, and our code enforcement area, I mean, is overburdened




12:45:06 as it is, and I know that the inspections happen annually,

12:45:11 but I also know that those inspections take up a lot of

12:45:14 time.

12:45:14 So for the code enforcement department, and land

12:45:18 development, and that even when issues are found to be

12:45:23 noncompliant, when properties are found to be noncompliant

12:45:26 it makes a -- takes a very, very long time to bring them

12:45:30 into compliance.

12:45:31 So we don't want to create additional work for the

12:45:34 departments and additional burden on the neighborhoods.

12:45:39 And this is an area of town, I was just driving this street

12:45:47 last month, and it's a beautiful neighborhood, and there are

12:45:51 a lot of people working very hard to maintain their

12:45:53 property, and I am going do my best to try to help those

12:45:59 residents to maintain the value of their homes.

12:46:03 >>CHARLIE MIRANDA: Ms. Capin and then Mr. Cohen in, that

12:46:06 order.

12:46:07 >>YVONNE CAPIN: I want to first of all say, I really

12:46:10 shouldn't have to but I am going to commend you for coming

12:46:12 through and going through the process that legally puts you

12:46:17 in this position as opposed to so many that we have -- we

12:46:21 know they have growth on the side of their houses overnight.

12:46:27 And I have to say that.

12:46:29 But coming through the process and bringing your project to

12:46:36 us, I have to commend you for that.




12:46:41 And I agree that other than the meter, everything else seems

12:46:46 to be satisfactory to me.

12:46:49 >>CHARLIE MIRANDA: Mr. Cohen.

12:46:49 >>HARRY COHEN: I agree with everyone about the meter.

12:46:53 I really see this as being totally out of character with

12:46:56 what is contemplated by the code for this type of extended

12:47:03 family residence.

12:47:04 It double the square foot of what the code allows.

12:47:09 Theside side setbacks are being reduced.

12:47:12 In one case from seven feet to .4 feet which is less than a

12:47:16 foot.

12:47:18 Then on the other from 20 feet to 4.8 feet.

12:47:22 And it has twice the number of people that are contemplated

12:47:25 to be living in this type of a dwelling.

12:47:28 And from the look of the site plan, the accessory structure

12:47:31 is twice the size of the original structure.

12:47:38 So I understand -- I sympathize very much with what Ms.

12:47:47 Capin just said, which is that you should be commended for

12:47:49 coming through the process rather than just building on the

12:47:52 side of your house.

12:47:53 But I have a great deal of difficulty overruling this

12:47:57 decision because it's not -- it doesn't even appear to be

12:48:02 close.

12:48:02 It's not like we are dealing with negligible differences

12:48:07 where the staff just couldn't approve it because the




12:48:11 difference is de minimus.

12:48:13 These are big differences.

12:48:14 >> Anyone else?

12:48:18 >>LISA MONTELIONE: Do we have actual photographs of the

12:48:20 property?

12:48:21 >> This is the property, the main, and this is the addition

12:48:39 As you see here, this is this here.

12:48:47 >> The addition has already been built?

12:48:49 >> But that's on -- wait.

12:48:55 The top photograph is looking from Bougainvillea at the

12:48:59 structure that is 1772 square feet?

12:49:05 >> Yes.

12:49:07 That is the first photograph is this construction, and the

12:49:12 second one is here.

12:49:14 And this is the -- this is approved before.

12:49:22 >> So now I am more confused than B.

12:49:26 So that's one of the structures.

12:49:30 That's the one that is closest to Bougainvillea.

12:49:33 Do we have photographs of the one behind it?

12:49:35 >> Yes, that is different.

12:49:43 That is the same one.

12:49:44 >>LISA MONTELIONE: The one in the back?

12:49:51 >> Yes.

12:49:52 >>LISA MONTELIONE: Did the one in the back exist?

12:49:54 I guess, Gloria --




12:49:56 >>GLORIA MOREDA: Land development.

12:49:57 This is -- there is a code violation on this property.

12:50:01 >>LISA MONTELIONE: That's what I thought.

12:50:07 [ Laughter ]

12:50:10 Because most of the time that's how these things come to us,

12:50:14 is that -- and it's happened in my neighborhood.

12:50:17 Like I said, it happens all over the city that people are

12:50:24 constructing additions, or constructing second floors.

12:50:31 That happened in my neighborhood just down the street from

12:50:33 my house.

12:50:34 Somebody built a second floor.

12:50:37 And being in the construction industry, who right now is

12:50:43 having a partner that's having to take their required 14

12:50:46 hours of annual requirements to keep their license, people

12:50:53 go through a lot of trouble to have a contractor's license.

12:50:56 And when we have structures that are built that are by

12:50:59 unlicensed contractors, that aren't pulling any permits,

12:51:02 it's really a problem for me.

12:51:06 I do appreciate that what I said before about stabilizing

12:51:11 the neighborhood and trying to address some of these

12:51:14 concerns, and coming through the process is only -- is not

12:51:21 compulsory as Ms. Capin once thought.

12:51:23 It is because they got caught.

12:51:30 So the structure is already there.

12:51:31 It already been built.




12:51:35 Actually, the question I have now is, have both structures

12:51:41 been altered or just the one?

12:51:45 >>GLORIA MOREDA: I believe just one.

12:51:46 Gloria Moreda, land development.

12:51:47 >> Do you have to say that every single time you come up?

12:51:52 >> I know.

12:51:53 Initially I always do. The property owner is going through

12:51:56 the process that staff has identified that they need to do

12:51:59 in order to be able to establish the use on the property.

12:52:03 Legal department has always said, you know, you can't look

12:52:07 at code violations use.

12:52:08 You basically are assuming, it is a request that is coming

12:52:12 before you, and whether or not this has been appropriate use

12:52:17 of the property is what council is needing to look at.

12:52:22 You know, if council approves the size of this structure, we

12:52:28 will be required to give building permits and to comply with

12:52:31 building code requirements for this addition.

12:52:35 Council denies the request.

12:52:36 They will be required to remove it.

12:52:41 But they are going to be brought into compliance with code.

12:52:45 And the question is whether or not an extended family is an

12:52:47 appropriate use of this location.

12:52:52 >>CHARLIE MIRANDA: Let me just say this.

12:52:53 This is a classic example of what has happened in the City

12:52:56 of Tampa.




12:53:02 It was not caught, and five years from now I, or somebody

12:53:05 else, buys that property, guess what happens.

12:53:08 I'm the one that's in violation or somebody else is in

12:53:10 violation because the city will come and say, you didn't do

12:53:14 your due diligence when you bought it.

12:53:17 The buyer has to assume the responsibility for but the buyer

12:53:20 also has to assume that the city did the right thing, and

12:53:23 that they followed the whatever the codes were.

12:53:26 So that's -- we are lining up the lawsuits over this, or

12:53:30 things that have happened that could possibly line up the

12:53:33 lawsuits.

12:53:34 And the city is inundated with this in certain areas of the

12:53:38 city more than others.

12:53:41 And I have heard from individuals within the sometime that

12:53:44 have found hundreds of them, and nothing has been done.

12:53:50 So this is the first one that I have seen in a long time.

12:53:54 Go on.

12:53:54 >>LISA MONTELIONE: Gloria, could this property be

12:53:58 subdivided, this lot?

12:54:01 >>GLORIA MOREDA: No.

12:54:03 It is not sufficient size.

12:54:08 5,000 square foot minimum lot size.

12:54:11 >>LISA MONTELIONE: And what's the size --

12:54:15 >>GLORIA MOREDA: 65 by 140.

12:54:17 >>LISA MONTELIONE: 65 by 140.




12:54:25 That's the only way that I see that this could possibly

12:54:33 not -- or as Mr. Cohen said, be in character, is to have two

12:54:38 separate lots, one structure on each lot.

12:54:43 Is there something that we can do to make it approvable for

12:54:50 a subdivision?

12:54:52 >>GLORIA MOREDA: No.

12:54:52 It does not meet minimum lot size Ms. Coyle did the math.

12:55:10 It does have sufficient area to go through rezoning.

12:55:17 >> That's the only way that I see avoiding the problem that

12:55:19 Mr. Miranda brought up, if this property gets sold, it got

12:55:22 from two structures on it.

12:55:24 I don't know who in their right mind would buy a property

12:55:26 with two structures on it and say, well, we are not going to

12:55:29 use one are of them or we are going to demolish one of them

12:55:32 to keep it within the code.

12:55:37 Unless another family with a lot of children moved in and

12:55:40 wants to do the same thing.

12:55:41 >>MARY MULHERN: I just have a quick question about the

12:55:46 meters.

12:55:48 We see the house has already been built.

12:55:50 Have they already put in a second meter?

12:55:54 Okay.

12:55:54 >> It's not finished, I don't believe.

12:55:59 >>MARY MULHERN: Okay.

12:56:05 Mr. Suarez?




12:56:06 >>MIKE SUAREZ: I am just going to say a couple things.

12:56:08 First of all, you know, there's the old saying about, you

12:56:11 know, you would rather ask for forgiveness than permission

12:56:16 and that's where we are at.

12:56:17 We have to uphold when people make mistakes and do things

12:56:21 that they are not right to do, okay?

12:56:23 My father grew up in a house that was three bedrooms and

12:56:26 there were nine children in there.

12:56:27 You have got really a room for every -- I don't want to ask

12:56:32 you a question, ma'am.

12:56:33 You have got a room for almost every person in there except

12:56:36 for the couple, okay?

12:56:39 Again, I really don't think that we should approve this.

12:56:42 I am going to vote to make sure that we make the decision by

12:56:48 the review committee be upheld, because this is one of those

12:56:53 situations where had they done the same the right way they

12:56:57 probably could have gotten some of the money, Oregon and

12:57:00 bought another house for the new family and be paying for

12:57:03 that right now.

12:57:04 So I'm a little bit upset as you can tell, because this to

12:57:08 me is ridiculous.

12:57:10 It's ridiculous that this came to this point.

12:57:14 And I know that you want to take care of your family but

12:57:17 there's other ways to take care of your family than doing

12:57:20 something that is against the city code.




12:57:21 And that's all I have to say about that.

12:57:23 Ma'am, I thank you for wanting to answer any questions.

12:57:26 You have answered it all.

12:57:28 We appreciate that.

12:57:31 There are people out there that get cited for this all the

12:57:33 time.

12:57:34 I know someone personally that got cited for building a

12:57:37 storage shed in the back.

12:57:38 They shouldn't have done it.

12:57:39 They did it.

12:57:40 They got cited.

12:57:41 They had to pay for it.

12:57:42 Okay.

12:57:43 And unfortunately that's what's happened here.

12:57:47 >>CHARLIE MIRANDA: Anyone else in the audience care to

12:57:48 speak?

12:57:50 Do you want rebuttal for two minutes?

12:57:55 >>YVONNE CAPIN: I am just going to share something with you

12:57:57 first of all.

12:57:58 I have to take back my compliment.

12:58:00 And I want to share with you -- my husband is a real estate

12:58:05 broker, and he had a client from up north who bought several

12:58:08 properties here in Tampa, and his son lives in Hollywood,

12:58:12 Florida, and his son told him, come buy property here.

12:58:15 He bought a home and he was building an addition.




12:58:17 My husband said, you have a contractor?

12:58:19 Yes.

12:58:20 Make sure that those permits are pulled.

12:58:23 Yes, yes, yes.

12:58:25 Guess what.

12:58:26 They had to take down -- they had to tear down what they

12:58:30 built.

12:58:32 So it does happen.

12:58:33 And again, there are rules, and we can't have people adding

12:58:47 helter skelter to their homes without going through what we

12:58:52 have in place for permitting.

12:58:57 So that is what you are staring at.

12:59:00 And you know what?

12:59:01 Probably had you come through as I had stated, that other

12:59:06 than the electric, I didn't have as much issue as some of my

12:59:11 other council members did about the setback.

12:59:17 It may have happened.

12:59:18 I don't know.

12:59:18 I'm waiting to hear from the rest of my council members but

12:59:21 this is extremely disappointing, and again I take my

12:59:25 compliment back.

12:59:26 Thank you.

12:59:26 >>HARRY COHEN: I just want to say two things very briefly.

12:59:31 First is that I took issue with this prior to even realizing

12:59:35 that the construction had already taken place.




12:59:38 I was basing my feelings about the project on the size of

12:59:43 the departure from what is required under our code.

12:59:50 I sense from our legal department that the fact that the

12:59:53 construction has taken place is not part of our review at

12:59:57 this point.

12:59:57 But I do want to harken back to something my colleague

01:00:01 Councilwoman Montelione said recently, in the newspaper when

01:00:05 she was talking to a columnist about the red light camera

01:00:08 ordinance, and she expressed the fact that if people didn't

01:00:13 want to pay the fine they shouldn't run the red lights.

01:00:16 And while it seems like it's Draconian to require someone to

01:00:20 take down something that's already been built, the fact of

01:00:22 the matter is that we have codes, and we have a process in

01:00:26 this city, and it wasn't followed, and as a result, this

01:00:30 structure does not meet the code that has been defined bit

01:00:34 by this council.

01:00:35 So I am not going to be able to support it.

01:00:38 >>CHARLIE MIRANDA: Okay, you got two minutes.

01:00:39 >> Two minutes.

01:00:41 Okay.

01:00:42 I understand.

01:00:44 And the owner, we understand why it's the process.

01:00:50 This is the first step we need to follow.

01:00:54 The second one is to request to comply with all the codes.

01:01:02 We had agreed to follow all.




01:01:06 I understand all the procedures that you have.

01:01:09 But the reason the owner, I understand that.

01:01:20 But brings the daughter.

01:01:28 That's all they want to do.

01:01:31 And I understand your point.

01:01:43 But they are from Colombia.

01:02:01 It's not to be with more people around.

01:02:05 I understand your point.

01:02:07 I understand that when you comply with the codes, with the

01:02:12 Land Development Code, we are following all that we need to

01:02:18 do, okay?

01:02:20 And you can say maybe you can approve, increase the area,

01:02:28 maybe you can approve the -- we agree to work together, the

01:02:36 language, the codes, comply with the code.

01:02:48 >>CHARLIE MIRANDA: I need to move this along one way or the

01:02:50 other.

01:02:51 This is a public hearing.

01:02:52 One more time, anyone else care to speak on this item,

01:02:54 number 55?

01:02:55 I need to close the hearing.

01:02:57 Motion by Mr. Suarez to close.

01:02:58 Seconded by Ms. Montelione.

01:03:01 All in five of the motion please indicate by saying aye.

01:03:04 Opposed nay.

01:03:05 The ayes have it unanimously.




01:03:06 What's the pleasure of council?

01:03:10 >>MIKE SUAREZ: I move that we accept the review denying the

01:03:16 waivers for this particular property.

01:03:20 >>CHARLIE MIRANDA: I have a motion to uphold the decision of

01:03:22 the zoning administrator.

01:03:26 >>MARTIN SHELBY: Thank you, Mr. Chairman.

01:03:28 Because this is something that council normally doesn't

01:03:31 hear, and may be hearing more of, I would like to for

01:03:34 purposes of the record just state the provisions of the code

01:03:36 which we normally do and ask if council make some findings

01:03:41 of fact.

01:03:41 If you would allow me 30 seconds to do this.

01:03:44 Site exceptions 27-373 B-3-A regarding the review of the

01:03:52 decision of the zoning administrator, reviewing this

01:03:55 petition pursuant to the criteria for a waiver contained in

01:03:58 section 27-324 (4) which council has done in the past,

01:04:07 findings that waiver is not in harmony and does not serve

01:04:13 the general interprets and purposes of the chapter for,

01:04:16 four, allowing the waiver will not result in substantial

01:04:19 justice being done, considering both the public benefit

01:04:23 intended to be secure, other applicable City of Tampa land

01:04:27 development sections, regulations and the land

01:04:30 development -- excuse me, comprehensive plan, and the

01:04:34 individual hardship suffered by failure of council to grant

01:04:37 the waiver, and specifically reviewing the criteria that has




01:04:42 been requested under 27-272 for the extended family

01:04:47 residence, and I would ask if I have sufficiently stated the

01:04:51 finding of City Council.

01:04:53 Based on the competent substantial evidence that you

01:04:55 reviewed.

01:04:56 >>MIKE SUAREZ: I would agree.

01:05:00 >>CHARLIE MIRANDA: Those are the items that Mr. Suarez was

01:05:02 alluding to, seconded by Mr. Cohen.

01:05:05 Further discussion by council members?

01:05:06 All in favor of the motion please indicate by saying aye.

01:05:09 Opposed nay.

01:05:11 Motion passes unanimously.

01:05:13 To uphold the zoning administrator based on the facts that

01:05:16 were presented.

01:05:17 Thank you all very much for attending.

01:05:19 Again it's 1:00.

01:05:20 Again I am going to ask this council do you want to stop or

01:05:23 go for one more hearing?

01:05:25 >>MIKE SUAREZ: I would like to move to stay here till we

01:05:32 finish the last hearing.

01:05:36 >>MIKE SUAREZ: Second.

01:05:37 >>CHARLIE MIRANDA: Motion by Mr. Cohen, seconded by Mr.

01:05:40 Suarez.

01:05:40 The ayes have it unanimously.

01:05:42 We go now to public hearings.




01:05:44 This has been open opened.

01:05:46 This is quasi-judicial.

01:05:49 They have been sworn in on item number 56.

01:05:50 >> Julie Mandell, legal department.

01:05:54 What you have before you is a petition of a property owner.

01:05:59 You received the approval to remove a grand tree for the

01:06:02 purposes of the tree causing structural damage to an

01:06:06 existing building.

01:06:08 Your code provides that if you have an approval for the

01:06:12 removal of a tree due to structural damage to bailing, that

01:06:16 the building cannot be torn down for two years.

01:06:19 There is a two-year moratoria on tearing the building down,

01:06:26 however the code provides in 13-45, subsection -- there's a

01:06:32 lost subsections -- subsection G, subsection C, subsection

01:06:38 2, it provides as follows.

01:06:39 City Council may authorize the demolition of the subject

01:06:41 building upon a finding that the demolition of the structure

01:06:44 is necessary for the public, health, safety and welfare, or

01:06:49 prohibiting the demolition to place undue unforeseeable

01:06:53 financial burden on the owner, or for just cause in cases

01:06:56 involving extreme circumstances and unusual hardship.

01:06:59 That is something that is burden on the property owner to

01:07:04 provide you evidence with, so you will take whatever

01:07:06 evidence they give you into consideration to determine

01:07:09 whether or not those criteria have been met.




01:07:11 >>MARTIN SHELBY: Mr. Chairman, and Ms. Cole, just for the

01:07:15 record, I did provide that section to council, a copy to the

01:07:18 clerk of that section of the code.

01:07:19 >> My name is Chris Bowers.

01:07:25 I'm here with my wife Mary Anne, and we are the property

01:07:30 owners. We because the house in 2001.

01:07:33 As she said, we came before you, received 100 percent

01:07:36 approval to remove the grand tree, and we are here today to

01:07:40 request the repeal of the two-year moratorium.

01:07:44 I would like to show you, to refresh your memory -- I'm sure

01:07:47 you don't remember, but I'll show you on this site plan,

01:07:52 which is a survey, you can see this shows the canopy of the

01:07:56 existing tree

01:08:03 I have three grand trees, or I did have three grand trees.

01:08:05 Now I have two.

01:08:06 And I have a total of eight total trees that go around the

01:08:09 property.

01:08:10 You can see the X here.

01:08:12 This is the grand tree that was removed.

01:08:23 This is a photo of the house before removal of the tree.

01:08:26 And this is the tree here, which is on the east side of the

01:08:29 house.

01:08:36 >>CHARLIE MIRANDA: Excuse me, we had this not too long ago,

01:08:38 a couple of months ago?

01:08:39 >>> That's correct.




01:08:40 June 9th.

01:08:41 >> We remember.

01:08:43 >>> You do remember.

01:08:44 Okay.

01:08:47 Well, the point is that the tree, you know, the location of

01:08:55 the tree really permitted any type of configuration of a new

01:08:59 home.

01:08:59 And I wish to sell the house.

01:09:04 We bought it in 2001 primarily as an investment, and we

01:09:13 thought it was a good investment.

01:09:15 We have six kids, and five of my six kids have lived there.

01:09:18 But I would like to -- if you look at the unforeseen

01:09:25 financial burden, I didn't realize that the grand tree

01:09:27 ordinance, I believe it came in in 2007 or 2008 -- I'm not

01:09:32 really sure -- but I really wasn't planning on holding the

01:09:36 house this long.

01:09:38 I have spoken to builders who are very interested in buying

01:09:41 the property.

01:09:43 However, with the two-year moratorium they want to buy it at

01:09:46 a discount.

01:09:47 And here in the market we are in today, I wouldn't be here

01:09:56 in front of you today if I didn't need the revenue, but I

01:09:59 don't want to carry the house, taxes and upkeep for another

01:10:02 two years.

01:10:03 Another point that was made, the reason is just cause, and




01:10:11 primarily for extreme circumstances or unusual hardship.

01:10:20 The lot is 68 feet wide, a very narrow lot.

01:10:23 If you look at a tree with three feet off the property line,

01:10:25 and really in a grand tree, we need to stay 20 feet away

01:10:30 from that grand tree.

01:10:31 And then there's a 7-foot setback on the west side.

01:10:34 So really that 58 is reduced to 28 feet and we are currently

01:10:40 in the building zone.

01:10:41 I can't move it to the rear because I have two more grand

01:10:44 trees to the rear.

01:10:45 I can't move it forward because of the front yard setback.

01:10:49 And in addition the grand tree has a 22-foot height limit.

01:10:59 And I want to be able to have someone build a two-story

01:11:03 house on this site.

01:11:07 And not speculate for the reasoning for this two-year

01:11:11 moratorium, and as I spoke to some of the staff they said it

01:11:14 was around during the heyday that builders would come in and

01:11:19 want to tear down a tree and disguise as structural damage

01:11:24 to remove a house and tree and put a new one there.

01:11:27 Well, you know, I haven't misled anyone.

01:11:32 Back in March 13th, I went to the Variance Review Board

01:11:36 to request them relief of this two-year moratorium, and

01:11:42 their only legal remedy, or to look at the remedy for me,

01:11:46 was reasonable use.

01:11:52 And they ruled that I did have reasonable use.




01:11:53 I have a 1300 square foot home, one-story home, and they

01:11:57 reasoned that there's one-story houses in the neighborhood,

01:12:00 which there are, and I couldn't get any help there, but I

01:12:04 made it well-known that this is an ugh ugly duckling house

01:12:09 and would like to put a new home on there.

01:12:14 And like I said, I would like the freedom to build a

01:12:19 two-story home versus two years in the same footprint.

01:12:25 Logically, a tree in that location damaged my home, but in

01:12:32 that location I can't move a home in another direction that

01:12:37 it's going to damage a new home as well.

01:12:40 So I think the logic is very flawed.

01:12:45 In addition, Tampa Bay, the heartbeat of Tampa Bay is real

01:12:50 estate, is construction, is the design professionals.

01:12:58 Having a two-year moratorium on a potential new home that

01:13:02 would employ 75 to 100 people, I just don't understand it.

01:13:15 So to summarize here, I agree trees do provide a wonderful

01:13:24 environment to our community.

01:13:26 But we have abundance of trees, and there's a conflict

01:13:31 between a tree that structurally damages a home, that will

01:13:34 structurally damage a new home, I would just hope that you

01:13:38 would allow me and use logical reasoning, to allow me to

01:13:43 remove the home now instead of two years.

01:13:46 And I thank you very much.

01:13:51 >>CHARLIE MIRANDA: Anyone else to speak on this matter?

01:13:53 Yes, sir.




01:13:53 >> Chairman Miranda, council members, good afternoon, and

01:14:00 thank you.

01:14:01 Thank you for postponing your lunch.

01:14:04 My name is Jim Ganther, 2811 West Fountain Boulevard.

01:14:08 That's about a half mile from the subject property, so I

01:14:12 cannot properly address it as a neighbor, but I happily

01:14:15 address this issue as a friend of the Bowers, and as a

01:14:19 concerned citizen.

01:14:20 2509 Jetton Avenue is in New Suburb Beautiful and as the

01:14:26 name suggests it's a beautiful neighborhood with maybe one

01:14:29 exception.

01:14:30 This house.

01:14:32 Chris alluded to it twice as an ugly duckling.

01:14:35 He was being unkind to ducklings everywhere. It needs an

01:14:39 appointment with a bulldozer and a new, modern, beautiful

01:14:43 house that would befit the neighborhood should arise in its

01:14:48 place.

01:14:48 The economic issues that Chris addressed are very real.

01:14:52 We really can't say that our unemployment rate is so low

01:14:57 that we can look at the masons and the carpenters and

01:15:02 roofers and painters and say you can wait two years for this

01:15:06 job.

01:15:08 Are our coffers so overflowing with tax revenue that we can

01:15:14 wait for the tripling of the tax revenue from this renewed

01:15:18 property for another two years?




01:15:19 I think not.

01:15:20 The ordinance in question as was earlier stated says that

01:15:23 the City Council may authorize demolition of the subject

01:15:26 building upon a finding that the demolition of the structure

01:15:28 is necessary for the welfare of the citizens of the City of

01:15:31 Tampa, its beautification, its employment, its enhanced

01:15:40 revenues if not for the benefit of the citizens of Tampa

01:15:44 what is?

01:15:45 And we have a word for all those good things.

01:15:47 It's called progress.

01:15:48 This afternoon, please vote for that progress and don't let

01:15:51 it be held by the ghost of one tree.

01:15:54 Thank you.

01:15:57 >>CHARLIE MIRANDA: Anyone else in the audience care to speak

01:15:58 on this subject matter?

01:15:59 Council members?

01:16:01 Ms. Montelione?

01:16:03 >>LISA MONTELIONE: Yes, thank you.

01:16:04 I am sitting here, and I have to tell you, I'm really

01:16:07 insulted.

01:16:08 And I mean that seriously, because the reference to this

01:16:11 house being an ugly duckling, this house looks better than

01:16:15 probably 75% of houses in my neighborhood.

01:16:19 My house has a little bit of a different front on it because

01:16:22 the stone is a little bit different, but to stand there and




01:16:28 tell me this is an ugly duckling house that is an

01:16:31 embarrassment to the neighborhood is very, very insulting.

01:16:34 And I think it's going to be insulting to a lot of people

01:16:37 who are watching this on television.

01:16:38 So that's the first thing.

01:16:40 The second thing is an insult to my intelligence to say that

01:16:43 I'm in the construction business, we are struggling as well.

01:16:48 We also own a piece of property that is -- we paid $40,000

01:16:53 for this piece of property.

01:16:54 It's worth $8,000 today.

01:16:56 So everyone is struggling.

01:16:59 And I understand that better than anybody else, but to tell

01:17:02 me that 75 to 100 jobs are going to be created by building a

01:17:06 two-story residence on this property?

01:17:08 75 to 100?

01:17:09 I want to work on your job.

01:17:11 Because we build houses all the time, and we don't nearly

01:17:15 employ 75 to 100 people.

01:17:17 We would be out of business.

01:17:18 I mean, we can extrapolate and say that, now, people who

01:17:22 work at Home Depot and everybody else, you know, is being

01:17:26 employed.

01:17:27 But, okay, I know Councilman chair Miranda is telling me to

01:17:33 stick to the facts.

01:17:35 >>CHARLIE MIRANDA: I didn't want to debate.




01:17:36 >>LISA MONTELIONE: Then the final and probably the most

01:17:41 salient of the decision two structural damage that was

01:17:44 referenced when this petition came to us in the first place

01:17:47 just a few months ago.

01:17:49 And it was the idea that the tree was causing structural

01:17:52 damage to the residence, which is why the tree needed to be

01:17:56 taken out, which we approved.

01:17:57 We allowed the tree to be taken out because of that

01:18:00 structural damage.

01:18:02 And maybe I'm wrong, because I would have to go back and

01:18:05 rewatch that hearing, but I don't remember you saying that

01:18:09 you wanted to take out the tree because of the structural

01:18:12 damage, you wanted to demolish the house and build something

01:18:15 new.

01:18:15 So I don't recall that being said during that hearing, that

01:18:20 the tree was being removed so you can demolish the house and

01:18:24 build a new house.

01:18:25 It was being removed because it was causing structural

01:18:28 damage, and I remember the picture of the bridge, and I

01:18:31 remember the picture of the water and the radius of the

01:18:34 driveway and the patio and all of that stuff.

01:18:36 I remember all of.

01:18:37 That but I don't remember you saying that we wanted to

01:18:40 demolish the house and build a new house, and that we wanted

01:18:42 to sell a portion of this property to this person who is




01:18:45 going to buy it to build a bigger playground for their kids

01:18:49 in the backyard because they need more room.

01:18:51 So I really -- it just got me going.

01:18:55 I'm sorry.

01:18:58 >>CHARLIE MIRANDA: That's all right.

01:18:59 Ms. Capin?

01:19:01 >>YVONNE CAPIN: (off microphone) yes, we were here when this

01:19:06 came up, and ... to come forth and say that -- that you want

01:19:15 this removed because someone wants to buy the property, but

01:19:18 they want it discounted because they have to wait to build

01:19:22 on it is your financial stress.

01:19:26 Okay.

01:19:27 That's one.

01:19:28 The other is, I lived in South Tampa for many, many, many

01:19:35 years, and of all the areas in the City of Tampa that is

01:19:39 actually holding its own is that area.

01:19:43 The houses sell when they are for sale and the new houses

01:19:49 sell before they are finished.

01:19:51 South Tampa.

01:19:56 So again, when I look at this, and it was noted, it was

01:20:00 noted to the neighborhood that came forth on that day when

01:20:05 it was a structural damage for this tree to be taken down,

01:20:08 and it was noted that it would be a two-year moratorium.

01:20:12 That was very specific.

01:20:14 And everyone understood it including the petitioner, I




01:20:17 thought.

01:20:22 I'm looking at this, and I don't see the financial burden, I

01:20:29 don't see the welfare, the health and welfare and safety of

01:20:36 the citizens, unusual hardship.

01:20:46 I don't see that either.

01:20:52 Therefore, I don't think you have made your case.

01:20:54 Not to me yet.

01:20:55 >>CHARLIE MIRANDA: Any on the council members?

01:20:56 All right.

01:20:57 We go back for rebuttal.

01:20:59 Do you want to speak in closing?

01:21:02 You are welcome, sir.

01:21:03 >> As you see in my letter when I requested the meeting to

01:21:08 come before you, it was a person down the street who had a

01:21:12 house under construction, and who wanted to come and buy my

01:21:16 house because it had a little deeper lot than his. I asked

01:21:19 his builder, well, how many people would you employ?

01:21:22 He told me when you count tradesmen, when --

01:21:25 >>CHARLIE MIRANDA: Please, I am not going to try to cut you

01:21:27 off.

01:21:27 That's not the case before us.

01:21:29 Anything about -- it isn't about employment.

01:21:32 If you want to speak on that in your two minutes, you are

01:21:35 welcome.

01:21:36 I am just trying to be helpful to you, sir.




01:21:38 >> Okay.

01:21:39 Thank you very much.

01:21:40 And when I was before you previously, I did not request the

01:21:43 moratorium to be released.

01:21:45 I thought that was a case for another day.

01:21:49 But actually, I have had roof problems with that house, and

01:21:53 really were caused by the tree in addition to the foundation

01:21:58 damages.

01:21:58 If I have to hold it another two years I am going to have to

01:22:00 put, you know, repair the roof and carry it for another two

01:22:03 years on a house that will be torn down.

01:22:06 And if you look at the total neighborhood, I mean, I have

01:22:10 neighbors here who made the ugly duckling context.

01:22:15 If you recall, the neighbor next door who had the house

01:22:20 under contract for close to a million dollars.

01:22:22 So it's a very nice neighborhood, and I did not plan on

01:22:25 holding it when I bought the house.

01:22:26 I didn't know about the tree ordinance that came in, okay,

01:22:33 and I tried to sell the house, and I met with builders.

01:22:36 They said, well, you have got tree problems, we can't build

01:22:39 on that house because of the tree.

01:22:41 And in today's market, we need to promote construction.

01:22:46 We need to promote jobs.

01:22:48 And this is counterproductive to that.

01:22:52 The unusual hardship can go back to your code.




01:22:57 Your code has no consideration for location.

01:23:00 The location of the tree when you try to configure a new

01:23:03 home, as I said, it damaged my old house, and what needs to

01:23:09 happen is a new home should go in the present location.

01:23:13 And if that tree was there, it would damage a new home.

01:23:19 I have nothing further to say.

01:23:21 Any on the questions?

01:23:23 >>CHARLIE MIRANDA: Thank you.

01:23:23 Any other questions by council members?

01:23:25 Thanks very much.

01:23:26 Anyone in the audience care to speak again?

01:23:28 I see no one.

01:23:29 Need a motion to close.

01:23:30 >> Move to close.

01:23:31 >> Motion by Mrs. Montelione to close.

01:23:33 Second by Mr. Cohen.

01:23:34 All in further of that motion?

01:23:38 The ayes have it unanimously.

01:23:40 What's the pleasure of council?

01:23:42 >>LISA MONTELIONE: I move denial of the petition to remove

01:23:53 the moratorium from the property on located at 2509 Jetton

01:23:59 Avenue.

01:24:02 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione based

01:24:04 on the criteria that Mr. Shelby is going to address.

01:24:07 >>MARTIN SHELBY: Mrs. Montelione, just for purposes of the




01:24:11 record, that is pursuant to the criteria of section 13-45

01:24:16 subsection G-2, and I believe by your motion what you are

01:24:19 asking -- please correct me if I am wrong -- is by competent

01:24:24 substantial evidence, or the lack thereof, you have made a

01:24:27 finding of fact that the petitioner has failed to meet his

01:24:31 burden under the criteria as has been provided to you by the

01:24:34 legal department?

01:24:35 >>LISA MONTELIONE: That's correct, Mr. Shelby, and I

01:24:37 believe it says in that section that you just cited for just

01:24:41 cause in cases involving unusual hardship.

01:24:46 I believe also Ms. Capin noted the unusual hardship was not

01:24:50 demonstrated.

01:24:53 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione based

01:24:56 on the criteria stated by Mr. Shelby, second from Mr.

01:25:00 Suarez.

01:25:00 Further discussion by council members?

01:25:02 All in favor of that motion please indicate by saying aye.

01:25:05 Opposed nay.

01:25:06 The motion for denial is unanimous.

01:25:08 Thank you very much.

01:25:10 All right.

01:25:11 We go to information reports from council members.

01:25:16 We go this time from right to left.

01:25:18 Mr. Suarez.

01:25:18 >>MIKE SUAREZ: Nothing right now.




01:25:22 Be safe during the RNC.

01:25:24 Be careful and watch out for traffic.

01:25:25 There's going to be a lost it but hopefully it will be a

01:25:28 good time for all.

01:25:35 >>CHARLIE MIRANDA: Thank you, Mayor Bob.

01:25:36 [ Laughter ]

01:25:37 Okay, Ms. Capin.

01:25:38 Only joking, Mayor.

01:25:41 >>YVONNE CAPIN: Yes.

01:25:42 (off microphone) We have on our agenda several people that

01:25:49 are coming forth and they asked to be part of this,

01:25:56 Congressman Castor's office, and what happened here was when

01:26:01 we had the workshop on June 21, at least two of the people

01:26:11 to speak had to leave because it went on, and I was going to

01:26:15 make a motion, and I was asked to wait till the end of the

01:26:19 meeting, and at that June 21 meeting I was the only City

01:26:23 Council person that sent a note in saying that I would not

01:26:26 be able to stay because I was on the host committee of an

01:26:30 event in Orlando.

01:26:32 But I stayed.

01:26:33 And three members left.

01:26:35 And I stayed long enough for a motion to be presented and

01:26:40 voted on. After that, we lost our quorum.

01:26:44 Therefore, even if these people could have come back, there

01:26:47 was no quorum to speak to.




01:26:49 So, therefore, that's why I asked to come on September

01:26:53 6th.

01:26:57 What I would ask of the council is we have -- as a matter of

01:27:04 fact, one more asked to be added which is Ron Rotella,

01:27:08 Westshore Alliance, to speak, and I would like to have the

01:27:11 time to hear them, because that didn't happen at the

01:27:17 workshop.

01:27:18 And this one person, Mikki Canton, is coming in from outside

01:27:26 of the area.

01:27:27 She's coming in from Miami to speak on this very subject as

01:27:31 an expert on this subject.

01:27:33 So I ask you -- I know we have it at 9 a.m., which means

01:27:38 that it might be closer to 9:30 because we have all the

01:27:42 commendations and whatever else we may have.

01:27:44 >>HARRY COHEN: I was just going to say it looks to me like

01:27:49 it's actually a fairly light agenda day without any

01:27:52 commendations at the beginning of the day on the 6th so

01:27:55 you ought to be okay.

01:27:55 >> But there's none on there.

01:28:00 So we would be able to have the time for these people to

01:28:03 speak, which would be -- I think there's eight on there,

01:28:08 which would be about 45 minutes.

01:28:13 I would think.

01:28:14 I'm trying to calculate.

01:28:18 It would be a disservice especially to Mrs. Canton and I




01:28:22 will make sure that she is on first.

01:28:26 But I would even say it could take an hour especially with

01:28:32 questions.

01:28:32 Because this is quite an involved process or program, and

01:28:38 cost very important to the city.

01:28:42 So I ask you if I may have that time for these speakers.

01:28:49 >>CHARLIE MIRANDA: How much time?

01:28:50 >> We have one hour.

01:28:52 >>CHARLIE MIRANDA: One hour is fine.

01:28:53 I got hired by the year.

01:28:55 [ Laughter ]

01:28:57 >>YVONNE CAPIN: Thank you for that.

01:28:58 >>CHARLIE MIRANDA: Motion by Mrs. Capin, second by Mrs.

01:29:00 Mulhern.

01:29:01 All in five of the motion indicate by saying aye.

01:29:03 Opposed nay.

01:29:03 The ayes have it unanimously.

01:29:04 >> May I clarify you wanted Ron Rotella added to the list?

01:29:12 >>YVONNE CAPIN: Yes, ma'am.

01:29:13 >>CHARLIE MIRANDA: Up to one hour.

01:29:14 So council members speak for an hour.

01:29:22 I'm not saying you or anyone.

01:29:24 Mr. Reddick.

01:29:27 Ms. Mulhern?

01:29:28 >>MARY MULHERN: Thank you, Mr. Chairman.




01:29:30 I have one piece.

01:29:31 I wanted to add or amend a motion that I made earlier for

01:29:36 the continuance on, I think it was, item 45, dealing with

01:29:44 Bayshore.

01:29:45 So I wanted oh to ask, I believe I asked for transportation

01:29:51 and budget to be there.

01:29:54 If not I would like to add that.

01:29:56 And I would also like to ask that the Parks Department

01:30:03 and/or transportation address the findings of the Bayshore

01:30:12 task force from many years ago, which there was a great deal

01:30:20 of work put into that, and I would like to know how the

01:30:24 landscape design for Bayshore, whether and how it took into

01:30:31 account the findings, the safety findings of at that point.

01:30:36 >>HARRY COHEN: I'll second but I just want to make a

01:30:39 comment on that last part.

01:30:42 If we made a motion that passed awhile back to reconvene the

01:30:45 Bayshore task force --

01:30:48 >> Oh, did we?

01:30:50 >>HARRY COHEN: And what we decided to do because I just met

01:30:53 with Mr. HERR and Ms. Edge, they asked to wait until the

01:30:57 convention was over but they are actually in the process of

01:30:59 scheduling two dates, I believe, toward the end of September

01:31:02 for a meeting of those, to deal with Bayshore, and then

01:31:07 another meeting to deal with Bayshore south of Gandy that

01:31:09 will just deal with Ballast Point concerns.




01:31:12 So I do believe they are already moving forward on setting

01:31:16 meetings with those groups.

01:31:18 But this may still include some discussion about how -- it

01:31:22 may still be appropriate for on the 27th to discuss how

01:31:25 the landscaping fits in with the recommendations.

01:31:31 >>CHAIRMAN: I want this to be part of this discussion, just

01:31:32 this specific discussion.

01:31:34 >>HARRY COHEN: Got it.

01:31:35 >>MARY MULHERN: But thank you for bringing that up.

01:31:37 That's my motion.

01:31:40 >>CHARLIE MIRANDA: You want to add onto the only motion

01:31:43 passed earlier at the council meeting to have that, and

01:31:45 that's why you have a motion by Mrs. Mulhern, seconded by

01:31:48 Mr. Cohen.

01:31:48 All in favor of that motion indicate by saying aye.

01:31:51 Opposed nay.

01:31:52 The ayes have it unanimously.

01:31:53 Anything else?

01:31:54 >>MARY MULHERN: Yes.

01:31:55 Since Mr. Cohen brought this up, I would like to also ask my

01:32:00 colleagues who are on the MPO and I don't know who is on

01:32:04 livable roadways committee --

01:32:09 >> I chair that committee.

01:32:10 >>MARY MULHERN: So one of the things that came out of this

01:32:13 discussion was that the whole safety -- these safety




01:32:21 concerns that have come up again about Bayshore are things

01:32:25 that are city-wide, and I know that the MPO and the

01:32:30 citizens -- dealing with these issues of bicycle and

01:32:36 pedestrian safety.

01:32:38 So I would like to ask that perhaps you work with -- that

01:32:44 somehow you incorporate, go back, get those findings from

01:32:48 that Bayshore task force, because a lot of them, I think,

01:32:52 are going to translate to other roadways.

01:32:56 So I'm so glad that you are meeting, because they have spent

01:33:05 so much time researching a lot of these problems, and then

01:33:08 all the data at the meetings and the discussions with city

01:33:13 transportation and I don't know what happened.

01:33:18 So if we can kind of -- not just reconvene but relook at

01:33:23 what some of their findings are.

01:33:25 >>HARRY COHEN: On that note I should just point out that

01:33:28 one of the things I was told by the transportation

01:33:31 department is now that the lanes have been reconfigured from

01:33:34 three to two, they are going to conduct a new traffic study

01:33:37 to determine whether or not the decisions that were made in

01:33:39 the past are appropriate, given the new configurations.

01:33:44 So that is on the agenda.

01:33:46 I just have one item, and that is that Tampa Catholic high

01:33:50 school is celebrating its 50th anniversary and there

01:33:53 will be a mass and rededication ceremony September 20th

01:33:56 and we would like to present them with a City Council




01:33:58 commendation at that time.

01:33:59 So I'll motion that.

01:34:01 >>CHARLIE MIRANDA: Motion by Mr. Cohen, second by Mr.

01:34:02 Suarez.

01:34:03 All in favor?

01:34:04 Opposed?

01:34:05 The ayes have it unanimously.

01:34:10 Ms. Montelione.

01:34:10 >>LISA MONTELIONE: One item in response, Mrs. Mulhern.

01:34:14 Yes, I will ask for Randy Cranshack, the assigned staff

01:34:19 member to livable roadways, to keep track of those

01:34:22 recommendations from the task force and then have them

01:34:24 scheduled to be brought before the livable roadways

01:34:27 committee.

01:34:28 And we spent a tremendous amount of time, our main focus is

01:34:32 the safety of bicyclists and pedestrians at our livable

01:34:36 roadways meeting.

01:34:37 That will be a good thing for us to look at once the

01:34:41 recommendations come forward.

01:34:43 The on the is that I want to remind everyone, if you don't

01:34:48 already know, and you live in the university square Copeland

01:34:51 park or Terrace Park neighborhood, that the vision plan is

01:34:56 being conducted by the Planning Commission at the request of

01:34:59 my office, is ongoing.

01:35:01 Our fifth community meeting is tonight.




01:35:03 It is at Copeland park.

01:35:07 And that it is from 6:00 to 8:00 p.m.

01:35:10 So please, if you live in any of those neighborhoods, if you

01:35:12 own businesses in any of those neighborhoods, please come

01:35:15 and contribute your ideas to the vision plan.

01:35:19 You can also take the survey that is on the Planning

01:35:21 Commission's Web site under the City of Tampa's tab on the

01:35:27 Planning Commission's Web site.

01:35:28 Thank you very much.

01:35:30 >>CHARLIE MIRANDA: Thanks very much.

01:35:31 Ms. Clerk.

01:35:32 >>THE CLERK: I just need to have some clarification.

01:35:35 The motion made on item 49 to October 25th, which is

01:35:40 your workshop day.

01:35:41 Did you want it on the regular council session for the

01:35:44 18th? Of October?

01:35:46 >>HARRY COHEN: That was on item number 49.

01:35:58 >>CHARLIE MIRANDA: October 25th we had it for.

01:35:59 >>MIKE SUAREZ: October 18 or October 4th are the two

01:36:07 regular --

01:36:08 >>CHARLIE MIRANDA: We need a motion for that.

01:36:09 Need a motion to get rid of the other motion, then a new

01:36:12 motion.

01:36:13 >>MIKE SUAREZ: I'll make a motion to get rid of the

01:36:16 previous motion.




01:36:16 >>CHARLIE MIRANDA: On 49.

01:36:17 A motion by Mr. Suarez, seconded by Mr. Cohen to remove that

01:36:21 motion, from the clerk's office calendar.

01:36:26 All in favor? Opposed nay? The ayes have it.

01:36:28 Need a new motion.

01:36:30 >>HARRY COHEN: A motion that we continue item number 49 to

01:36:32 October 18th at 10:00 a.m.

01:36:35 >>MIKE SUAREZ: Second.

01:36:37 >>CHARLIE MIRANDA: I have a motion by Mr. Cohen, second by

01:36:39 Mr. Suarez for a new date. Same time.

01:36:41 Please indicate by saying aye.

01:36:43 Opposed nay.

01:36:44 The item passed unanimously.

01:36:45 Thank you very much.

01:36:50 Counsel, yes, sir?

01:36:50 >>MARTIN SHELBY: If I can very briefly, I want to remind

01:36:53 you that you heard items 55 and 56 today, which were both

01:36:57 review hearings, and they were both very significant public

01:37:00 policy discussions.

01:37:03 As a matter of fact, one of them, had you go as a result of

01:37:06 a meteorologist by Chairman Miranda, you are going to be

01:37:08 discussing it in depth, and I believe it's in November at

01:37:12 the workshop meeting.

01:37:13 I just want to remind that you there is an appeal period

01:37:17 that follows your decision.




01:37:18 There is a right to appeal to circuit court.

01:37:20 I caution you as to public comment, and be mindful we would

01:37:26 not want to prejudice the record.

01:37:28 >>CHARLIE MIRANDA: Thank you very much.

01:37:28 Anyone in the audience care to speak to any item?

01:37:31 You got three minutes.

01:37:33 No one who wants to speak?

01:37:41 I need a motion to receive and file.

01:37:47 So moved by Mr. Montelione -- Mrs. Montelione, seconded by

01:37:51 Mr. Cohen.

01:37:52 All in favor?

01:37:52 The ayes have it unanimously.

01:37:53 (Meeting adjourned)



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